the clerk of the faid court, and fhall be recorded by the clerk of the city or county where the lands or tenements comprised in the fame fine fhall be fituated, in a book to be by him kept for that purpose, within one year next after the engroffing of the fame fine, at the expence of the party to whom the fame fhall be levied. And that the refpective clerks of every city and county of this ftate for the time being fhall, without fee or reward, immediately after recording the fame, make and write, or caufe to be made or written, a table or note, wherein fhall be contained the contents of the fame fine, fo recorded in their refpective offices; that is to fay, The names of the parties, and description of the lands and tenements comprifed in fuch fine, and the time of levying the fame; and fhall, on the first day of the next general feffions of the peace for the fame city or county, affix the fame on the principal door of the court-house of the fame city or county, and fee that the fame continue there during the fame feflions, upon pain that every clerk offending therein, fhall forfeit the fum of ten pounds; one moiety thereof to the people of this ftate, and the other moiety to him or them who will fue for the fame in any court of record, by action of debt, bill, plaint or information.

IX. And be it further enacted by the authority aforefaid, That no fines, proclamations upon fines, or common recovery, heretofore had, levied, Juffered or paffed, or hereafter to be had, levied, futered or pafled, fhall be reverfable by any writ of error, for any razure, interlining, mifentring of any warrant of attorney, or of any proclamation, mifreturning or not returning of the fherif, or other want of form in words, and not in matter of fubftance.

X. And be it further enacted by the authority aforefaid, That no fine or common recovery fhall hereafter be reverfed or avoided, for any error or defect therein, unless the writ of error, or fuit for reverfing fuch fine or recovery, be commenced or brought, and profecuted with effect, within five years after fuch fine levied, or recovery fuffered. Provided always, That if any person who is or fhall be entitled to any fuch writ of error as aforesaid, fhall, at the time of such title accrued, be within the age of twenty-one years, or covert of baron, or imprisoned, or not of found mind, or out of this flate, then fuch perfon, or his or her heirs, notwithstanding the faid five years expired, fhall and may bring his, her or their writ of error, for reverfing any fuch fine or recovery, fo as the faine be brought within five years after his or her full age, difcoverture, enlargement out of prifon, coming of found mind, or coming within this ftate, but not afterwards, or otherwife.

I.

BE

CHA P. XLIV.

An ACT for the Prevention of Frauds.

Paffed 26th February, 1787.

E it enacted by the people of the fate of New-York, reprefented in Jenae and affembly, and it is hereby enacted by the authority of the fame, That all deeds of gift, and conveyances of goods and chattels, made or to be made in truft to the ufe of the perfon or perfons making the fame deed of gift or conveyance, fhall be, and hereby are declared to be void and of none effect.

II. And for the avoiding and abolishing of all feigned, convenous and fraudulent feoffinents, gifts, grants, alienations, conveyances, bonds, fuits, judg

others of their juft

them.

ments and executions, as well of lands and tenements, as of goods and chatrels, which have been and are devised and contrived of malice, fraud, covin, collufion or guile, to the end, purpose and intent to delay, hinder or defraud creditors and others, of their juft and lawful actions, fuits, debts, accounts, damages, penalties, forfeitures and demands, not only to the let or hindrance of the due courfe and execution of law and justice, but also to the overthrow of all true and plain dealing, bargaining and chevifance, between man and man, without which no commonwealth or civil fociety can be maintained or continued; Be it further enacted by the authority aforefaid, That all and Conveyances to de- every feoffiment, gift, grant, alienation, bargain and conveyfraud creditors and ance of lands, tenements, hereditaments, goods and chatdemands, void as to tels, or of any of them, or of any leafe, rent, common or other profit or charge out of the fame lands, tunements, bereditaments, goods or chattels, or any of them, by writing or otherwife, and all and every bond, fuit, judgment and execution, at any time had or made, or hereafter to be had or made, to or for any intent or purpofe before declared and expreffed, fhall be from henceforth deemed and taken (only as against that perfon or perfons, his, her or their heirs, fucceflors, executors, adminiftrators and affigns, and every of them, whofe actions, fuits, debts, accounts, damages, penalties, forfeitures and demands, by fuch guileful, covenous or fraudulent devices and practices as aforefaid are, or fhall, or may be in any wife difturbed, hindred or defrauded) to be clearly and utterly void, fruftrate and of none efect; any pretence, colour, feigned confideration, exprefling of ufe, or any other matter or thing to the contrary notwithflanding.

III. And for as much as not only the people of this ftate, but divers of the citizens thereof, and bodies politic and corporate, after conveyances obtained or to be obtained, and purchases made or to be made, of lands, tenements, leafes, eftates and hereditaments, for money or other good confiderations, may have, incur and receive great lofs and prejudice, by reafon of fraudulent and covenous conveyances, eltates, gifts, grants, charges and limitations of ufes heretofore inade, or hereafter to be made, of, in or out of the lands, tenements or hereditaments fo purchafed, or to be purchased; which faid gifts, grants, charges, ellates, ufes and conveyances were, or hereafter shall be meant and intended, by the parties who fo make the fame, to be fraudulent and covenous, of purpofe and intent to deceive fuch as have purchased, or fnall purchase the fame; or elfe by the fecret intent of the parties, the fame to be to their own proper ufe, and at their free difpofition, coloured neverthelefs by a feigned countenance, and fhew of words and fentences, as though the fame were made bona fide, for good caufes, and upon juft and lawful confiderations: For remedy of which inconveniencies, and for the avoiding of fuch fraudulent, feigned and covenous conveyances, gifts, grants, charges, ufes and eftates, and for the maintenance of upright and juft dealing in the purchafing of lands, tenements and hereditaments; Be it further enadled by the authority aforesaid, That all and every conveyance, to def and or deceive grant, charge, leafe, eftate, incumbrance and limitation of ufe or ufes, of, in or out of any lands, tenements or other hereditaments whatfoever, had or made, or hereafter to be had or made, for the intent and purpose to defraud and deceive fuch perfon or perfons, bodies politic or corporate, as have purchased or fhall hereafter purchase any eftate of inheritance, or for life, lives or years, of or in the fame lands, tenements or hereditaments, or any part or parcel thereof, fo before

Conveyances made

purchafers, void as to them.

conveyed, granted, leafed, charged, incumbered or limited in ufe, or to defraud and deceive fuch as have or fhall purchase any rent, profit or commodity, in or out of the fame, or any part thereof, fhall be deemed and taken (only as against the perfon and perfons, bodies politic and corporate, his, her and their heirs, fucceflors, executors, adminiftrators and affigus, and againit all and every other perfon and perfons, lawfully having or claiming by, from or under them, or any of them, who have purchased, or fhall hereafter fo. purchase, for money or other good confideration, the fame lands, tenements or hereditaments, or any part or parcel thereof, or any rent, profit or commodity in or out of the fame) to be utterly void, fruftrate and of none effet; any pretence, colour, feigned confideration, or expreffing of any ule or us to the contrary notwithflanding.

justifying tuch con

veyances.

IV. And be it further enacted by the authority aforesaid, Penalty on perfons That all and every the parties to fuch feigned, covenous or fraudulent feoffiment, gift, grant, alienation, bargain, leafe, charge, conveyance, bonds, fuits, judgments, executions, and other things before exprefled, or being privy and knowing of the fame, or any of them, who at any time hereafter fhall wittingly and willingly put in ufe, avow, maintain, juftify or defend the fame, or any of them, as true, fimple and done, had or made, bona fide, and upon good confideration, or fhall alien or affign any the lands, tenements, goods, leafes or other things before mentioned, to him, her or them conveyed as aforefaid, or any part thereof, fhall incur the penalty and forfeiture of one year's value of the faid lands, tenements and hereditaments, leafes, rents, commons or other profits, of or out of the fame, and the whole value of the faid goods and chattels, and also fo much money as is or fhall be contained in any fuch covenous and feigned bond; the one moiety whereof to be to the people of the ftate of NewYork, and the other moiety to the party or parties grieved by fuch feigned and fraudulent feoffinent, gift, grant, alienation, bargain, conveyance, bonds, fuits, judgments, executions, leafes, rents, commons, profits, charges, and other things aforefaid; to be recovered in any court of record, by action of debt, bill, plaint or information.

lands, with clauf: of

wards felling the fame, the former grant

to be void.

V. And be it further enacted by the authority aforesaid, Perfons granting That if any perion or perfons have made, or hereafter revocation, and after- fhall make any conveyance, gift, grant, demife, charge, limitation of ufe or ufes, or affurance, of, in or out of any lands, tenements or hereditaments, with any claufe, provifion, article or condition of revocation, determination or alteration, at his, her or their will or pleafure, of fuch conveyance or affurance, gift, grant, limitation of ufe or ufes, or eftates, of, in or out of the faid lands, tenements or hereditaments, or of, in or out of any part or parcel of them, contained or mentioned in any writing, deed or indenture; and after fuch conveyance, gift, grant, demife, charge, limitation of ufe or ufes, or affurance fo made or had, fhall or do bargain, fell, demife, grant, convey or charge the fame lands, tenements or hereditaments, or any part or parcel thereof, to any perfon or perfons, bodies politic and corporate, for money, or other good confideration paid or given (the faid first conveyance, affurance, gift, grant, demife, charge or limitation, not by him, her or them revoked, made void or altered, according to the power and authority referved or exprefied unto him, her or them, in and by the faid fecret conveyance, affurance, gift or grant) then the faid former conveyance, gift, grant, demife, charge, limitation of ule and ulcs, and affurance, as touching the faid lands, tenements and hereditaments, la

after bargained, fold, demifed, granted, conveyed or charged, against the faid bargainees, vendees, leflees, grantees, and every of them, their heirs, fucceffors, executors, adminiftrators and affigns, and against all and every person or perfons who have or claim, or fhall or may lawfully have or claim any thing, by, from or under them, or any of them, fhall be deemed, taken and adjudged to be void, fruftrate and of none effect, by virtue and force of this act.

This act not to af

te& bona fide convey

ances to perfons not Nor any bona fide

privy to fuch frauds,

mortgage.

VI. Provided always, and be it further enacted by the authority aforefaid, That this act, or any thing therein contained, fhall not extend, or be conftrued to impeach, defeat, make void or fruitrate any conveyance, affigniment of leafe, affurance, grant, charge, leafe, eftate, intereft or limitation of ufe or uses, of, in, to or out of any lands, tenements or hereditaments, goods or chattels, at any time heretofore had or made, or hereafter to be had or made, upon or for good confideration, and bona fide to any perfon or perfons, bodies politic or corporate, nor having, at the time of fuch conveyance or affurance to him, her or them made, any manner of notice, or knowledge of fuch covin, fraud or collufion, as is aforefaid; and that no lawful mortgage, made or to be made, bona fide, and without fraud or covin, and upon good confideration, fhall be impeached or impaired by force of this act, but the fame shall stand in like force and effect, as the fame fhould have done, if this act had never been made; any thing before in this act to the contrary in any wife notwithstanding.

VII. And whereas fundry common recoveries of lands, tenements and hereditaments have been had, and hereafter may be had, against a tenant of the freehold, the reverfion or remainder, or the right of the reversion or remainder, then being in fome other perfon or perfons; Be it further enalted by the authority aforefaid, That every fuch common recovery heretofore had, and hereafter to be had, of any lands, tenements or hereditaments, fhall, as touching fuch perfon and perfons who then had any reverfion or remainder, or right of reverfion or remainder, and against the heirs of every of them, ftand, remain, and be of fuch like force and effect, and of none other, as the fame fhould have been if this act had never been made.

VIII. Provided always, and be it further enacted by the authority aforesaid, That this act, or any thing herein before contained, fhall not extend to make void any eftate or conveyance, by reafon whereof any perfon or perfons fhall ufe any voucher in any writ of formedon, now depending, or hereafter to be depending, but that all and every fuch vouchers in any writ of formedon, fhall ftand and be in like force and effect, as if this act had never been made.

parol, to be confidered

as eftates at will,

three years.

IX. And for the prevention of many fraudulent practices, which are commonly endeavoured to be upheld by perjury, and fubornation of perjury; All eftates by livery Be it further enaded by the authority aforefaid, That all leafand feifin only, or by es, eftates, intereft of freehold, or terms of years, or any uncertain interefts of, in, to or out of any meffuages, manExcept leales for ors, lands, tenements or hereditainents, made or created, or hereafter to be made or created, by livery and feifin only, or by parol, and not in writing, and figned by the parties fo making and creating the fame, or their agents thereunto lawfully authorised by writing, fhall have the force and effect of leafes, or eftates at will only, and shall not, either in law or equity, be deemed or taken to have any other or greater force or effect; any confideration for making any fuch parol leafes, or ef

酬

tates, or any former law or ufage to the contrary notwithflanding. Except nevertheless, All leafes not exceeding the term of three years from the making thereof, whereupon the rent referved to the landlord during fuch term, fhall amount upto two third parts, at the leaft, of the full improved value of ~. the thing demiled.

X. And be it further enacted by the authority aforesaid, That no leates, ellates or interefts, either of freehold, or terms of years, or any uncertain intereft of, in, to or out of any meluages, manors, lands, tenements or hereditaments, fhall at any time hereafter be alligned, granted o fürrendered, unlets it be by deed or note in writing, figned by the party fo alligning, granting or furrendering the fame, or their agents thereunto lawfully authoritedby writing, or by act and operation of law.

XI. And be it further endded by the authority aforefaid, That no action, fhall be brought whereby to charge any executor or adminiftrator, upon any fpecial promife to anfwer damages out of his own eftate, or whereby to charge the defendant, upon any special promise, to anfwer for the debt, default or milcarriages of another perfon, or to charge any perdon upon any agreement made upon confideration of marriage, or upon any contract or fale of lands, tenements or hereditaments, or any intereft in or concerning. them, or upon any agreement that is not to be performed within the faceof one year from the making thereof, unless the agreement upon which fuch action fhall be brought, or fome memorandum or note thereof fhall be in writing, and figned by the party to be charged therewith, or fome other per fon thereunto by him or her lawfully authorifed.

XII. And be it further enacted by the au hority aforefaid, That all declarations or creations of truls or confidences, of any lands, tenements or hereditaments, fhall be manifefled and proved by fome writing, figned by the party who is or fhall be by law enabled to declare fuch trutt, or by his lat will in writing, or elfe they fhall be utterly void, and of none efect: But all declarations or creations of ules, trufls or confidences of any fines, or common recoveries of any lands, tenements or hereditaments, maniicfled and proved, or which hereafter fhall be manifefled and proved, by any deed already made, or hereafter to be made, by the party who is or fhall be by law enabled to declare fuch ufes or trufts, after the levying or fuffering of any fuch fines or recoveries, are, and shall be as good and efectual in the law, as if this claufe of this act had not been made.

This art not to af

XIII. Provided always, and be it further enacted by the authority aforefaid, That where any conveyance haili been or thall be made, fect any trust arising of any lands, tenements or hereditaments, by which a truf by operation of law. or confidence fhall or may atile or refult, by implication or conftruction of law, or be transferred or extinguished by act or operation of Jaw, then, and in every fuch cafe, fuch truft or confidence fhall be of the like force and effect as the fame would have been, if this act had not been made.

XIV. And be it further enacted by the authority aftrefaid, That all grants and affignments of any truft or confidence, fhall likewife be in writing, figned by the party granting or affigning the fame, or by his or her lat will in writing, or elfe fhall likewife be utterly void, and of none effet.

XV. And be it further enacted by the authority at refund, That no contract for the fale of any goods, wares and merchandize, for the price of ten pounds or upwards, fhall be allowed to be good, except the bayer fall accept part of the goods fo fold, and actually receive the fame, or give fome Ddd