Subpoenas

person may plead the same to the said complaint, which shall be tried in the manner hereinbefore prescribed.

§ 21. Every justice of the peace, before whom any prosecution shall may run to be instituted by virtue of this act, may issue a writ of subpœna ad testificandum, into any county of this territory.

any county.

Officers' fees. § 22. In prosecutions under this act, the following fees shall be allowed.

TO THE SHERIFF.

To the she- For serving every summons and return,

$1.00

riff.

For summoning every jury, returning precepts, and attending
the trial,

4.00

2.00

For executing every writ of restitution,

For serving every execution for costs, advertising property for
sale, &c. the same fees as are, or shall be allowed, for
like services in the county courts.

TO THE JURORS AND WITNESSES.

To the jurors The same fees as are or shall be allowed to them respectively, in civil cases in the county courts.

and witness

es.

TO THE ATTORNEY.

To the attor For the trial of every cause,'

ney. Penalty on

jurors and witnesses.

1

§ 23. Every person summoned as a juror, or subpoenaed as a witdelinquent ness, who shall not appear, or appearing, shall refuse to serve, or give evidence, in any prosecution instituted by virtue of this act, shall forfeit and pay, for every such default or refusal, unless some reasonable cause be assigned, such fine, not exceeding eight dollars in the case of a juror, and not exceeding one hundred dollars in the case of a witness, as the said justice shall think proper to impose; and such justice is hereby authorized and required, to issue an execution, directed to any constable of the said county, to levy the same of the goods and chattels of the said offender; which fine, when recovered, shall be applied by the said justice to the use of the said county.

1819-(6)

Sec. 39.

§ 24. When any judgment shall be entered up for the plaintiff by Writ of resti. any justice, on the trial of any cause for a forcible entry and detainer, tution to be or forcible or unlawful detainer, no writ of restitution shall be issued suspended for twenty days. by said justice within twenty days from the day of entering said judg

ment.

1803-(7)

tracts re

FRAUDS, AND FRAUDULENT CONVEYANCES.

§ 1. No action shall be brought whereby to charge any executor or Certain con- administrator, upon any special promise, to answer any debt or daquired to be mage out of his own estate; or whereby to charge the defendant, upon in writing. any special promise, to answer for the debt, default, or miscarriage of another person; or to charge any person upon any agreement made

1 For the fees allowed the justices,-See "Fees."

upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or the making any lease thereof, for a larger term than one year; or upon any agreement, which is not to be performed within the space of one year from the making thereof; unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person, by him thereunto lawfully authorized.

conveyances,

void against

fected there.

ances of

without va

§ 2. Every gift, grant, or conveyance of lands, tenements, or he- Fraudulent reditaments, goods or chattels, or of any rent-common, or profit, out bonds, judg of the same, by writing or otherwise; and every bond, suit, judg- ments, &c., ment or execution, had, or made, and contrived of malice, fraud, covin, the party liacollusion, or guile, to the intent or purpose to delay, hinder, or de- ble to be affraud creditors, of their just and lawful actions, suits, debts, accounts, by. damages, penalties, or forfeitures; or to defraud or to deceive those who shall purchase the same lands, tenements, or hereditaments; or any rent, profit, or commodity out of them; shall be from henceforth, deemed and taken only as against the person or persons, his, her, or their heirs, successors, executors, administrators, or assigns, and every of them, whose debts, suits, demands, estates, interests, by such guileful and covinous devices and practices as is aforesaid, shall or might be, in any wise disturbed, hindered, delayed, or defrauded, to be clearly and utterly void; any pretence, color, feigned consideration, expressing of use, or any other matter, or thing, to the contrary notwithstanding. And moreover, if any conveyance be of goods or Convey. chattels, and be not on consideration deemed valuable in the law, it goods or shall be taken to be fraudulent, within this act; unless the same be chattels, by will, duly proved and recorded; or by deed in writing, acknow-luable conledged and proved. If the same deed include lands, also in such man-sideration, ner as conveyances of lands are by law directed to be acknowledged or proved, or, if it be of goods and chattels only, then acknowledged or proved by one or more witnesses, in the superior court, or county court, wherein one of the parties lives, within twelve months after the execution thereof: or unless possession shall really, and bona fide, remain with the donee. And in like manner, where any loan of Possession, goods and chattels shall be pretended to have been made to any per-dence of title. son, with whom, or those claiming under him, possession shall have remained by the space of three years, without demand made and pursued by due course of law, on the part of the pretended lender; or where any reservation or limitation shall be pretended to have been made, of a use or property, by way of condition, reversion, remainder, or otherwise, in goods and chattels, the possession whereof shall have remained in another as aforesaid; the same shall be taken as to the creditors and purchasers, of the persons aforesaid, so remaining in possession, to be fraudulent within this act and that the absolute property is with the possession; unless such loan, reservation or limitation of use, or property, were declared by will or by deed, in writing, proved and recorded as aforesaid.

fraudulent.

when evi

tend to bona

3. This act shall not extend to any estate or interest in any lands, Not to exgoods, or chattels, or any rents-common, or profit out of the same, fide convey which shall be upon good consideration, and bona fide, lawfully con- ances. veyed, or assured, to any person or persons, bodies politic, or corpo- 1823-(24)

rate.

Mortgages,
&c.. required

§ 4. All property mortgaged, or under any deed of trust or other to be record legal incumbrance which may afterwards be removed to any county ed in the in this state, shall be liable to the payment of any debts, which the which the holder of such mortgaged property may contract, after his settlement property is

county to

removed.

1828 (7) Sec. 1. Deeds of trust void

against creditors and

purchasers tice, unless

without no

recorded.

Ib. Sec. 2.

execution

may have
the benefit of
a deed of

by it.

in such county, unless the mortgage, deed of trust, or incumbrance, covering such property removed as aforesaid, shall be duly recorded in the clerk's office of the county court of the county, to which such property may be removed, within six months, unless the person bringing such incumbered property into any county in this state, shall have removed from another state, in which case one year shall be allowed for the recording of any such mortgage, deed of trust, or other legal incumbrance, after such settlement as aforesaid: Provided, however, That after such record, duly made, the provisions herein shall cease to take effect: Provided also, That this act shall not be construed to affect any mortgage, deed of trust, or other legal incumbrance, existing at the time of the passage thereof.1

§ 5. All deeds and conveyances of personal property in trust to secure any debt or debts, shall be recorded in the office of the clerk of the county court of the county wherein the person making such deed or conveyance shall reside, within thirty days, or else the same shall be void against creditors and subsequent purchasers, without notice; and if any such conveyance be made of real estate, the same shall be recorded in the office of the clerk of the county court of the county wherein the estate may be situate, within sixty days, or the same shall be void against creditors or subsequent purchasers, without notice.

§ 6. In all cases wherein property shall be conveyed by a deed in Plaintiff in trust to secure any debt or debts, it shall be lawful for any person or persons not a party thereto, holding an execution against the person or persons making such deed or other conveyance in trust, to pay the trust, on pay- debt or debts secured by such deed, if he choose so to do, and on ing off the debt secured paying the same, the plaintiff or plaintiffs in said execution shall be placed in the same situation that the person or persons for whose benefit the trust was executed, occupied; and the said deed or other conveyance shall inure to the use and benefit of the plaintiff or plaintiffs in the execution, so far as to secure him or them the amount of the debt so paid, and the trustee shall be bound to execute the trust in the same manner as if the parties had not been changed, so as to secure the plaintiff or plaintiffs in the said execution the amount so paid to the person or persons for whose benefit the said deed or conveyance was first executed.

Ib. Sec. 3.
Deeds of

trust, how
proved.

1828-(35)

Sec. 1.

Deeds, how

§ 7. Such deeds and conveyances of personal estate, shall be proved or acknowledged as deeds and conveyances of real estate.

§ 8. All deeds recorded within six months from the date of their execution, shall have force, and be valid and operative between the parties thereto, and subsequent purchasers and creditors; and all deeds. recorded after the expiration of six months shall be valid and operaregistration. tive from the date of their registration as to creditors and subsequent purchasers Provided, That the same shall be valid at all times between the contracting parties thereto.

affected by the time of

Пb. Sec. 2.

land may recorded.

be

§ 9. It shall be lawful for any person or persons having patents for Patents for lands in this state, to have the same recorded in the office of the clerk of the county court of the county, where the lands may lie, and a certified copy thereof shall be admitted as evidence in any court in Copy of re- this state; and the record of all patents heretofore recorded are hereby legalized, and a certified copy thereof shall be admitted as evidence in any court in this state.

cord evi

dence.

1 Suspended until the 1st of April, 1824.
2 Suspended until the 1st of May, 1828.

further al

§ 10. It shall be lawful for any person or persons, who have failed . Sec. 3. to have deeds and conveyances of real or personal estate recorded Six months with in the time prescribed by law, to have the same recorded within lowed for six months after the passage of this act: Provided, That such regis- deeds. tration shall not affect the rights of creditors and purchasers which Proviso. have heretofore vested.

recording

gistrations

§ 11. Deeds heretofore recorded, according to law, but not within Ib. Sec. 4. the time required, shall be as good and effectual, as if recorded in Former rethe time required, except as to creditors or subsequent purchasers legalized. without notice.

Preamble.

Whereas, the legislature of this state, at the last session thereof, 1828-(44) passed two acts, the first on the 11th January, 1828, entitled "An Act more effectually to prevent frauds and fraudulent conveyances,' and the other on the 15th January, 1828, entitled "An Act concerning the registration of deeds and patents," the last of which said acts, it hath been contended, repealed the former. To prevent any misconstruction of the true meaning of the aforesaid acts, and that each may have the effect intended, therefore,

The two

§ 12. Be it enacted, &c. That the aforesaid act, passed on the 11th sec. 1. January, to prevent frauds and fraudulent conveyances, and for other foregoing purposes, shall stand in full force, and the said act of the 15th Jan- acts explainuary, 1828, concerning the registration of deeds and patents shall be held to apply to deeds, wherein the property has been absolutely conveyed, and not upon any trust or condition whatever.

ed.

GAMING.

Gaming contracts void.

1. ALL promises, agreements, notes, bills, bonds, or other contracts, 1807-(12) judgments, mortgages, or other securities, or other conveyances whatsoever, made, signed, given, granted, drawn, or entered, or executed by any person or persons whatever, after the passing of this act, where the whole or any part of the consideration of such promise, agreement, conveyance, or security, shall be for money, or other valuable thing whatsoever, laid or betted at cards, dice, or at any gaming-table, commonly called A B C, or E O, or billiards, or any other table, known or distinguished by any other letters, or by any figures, or rowley-powley table, or any rouge and noir, or at any faro bank, or at any other gaming-table or bank of the same or the like kind, under any other denomination whatsoever, or at any horse-race, cockfighting, or at any other sport or pastime, or on any wager whatsoever, or for reimbursing or repaying any money knowingly lent or advanced at the time or place of such play, horse-racing, or cock-fighting, or other sport or pastime, to any person or persons so gaming, betting, or wagering, or shall at such time and place, so play, bet, or wager, shall be utterly void and of no effect, to all intents and purposes whatsoever.

Sec. 1.

§ 2. No person or persons shall hereafter undertake to raise by 1810-(4) lottery, any sum of money, or to dispose of by lottery, any property, Lotteries either of his, her, or their own, or for any other person or persons prohibited whatever, unless he, she, or they, be authorized by law; and if any nalty of 1000 person or persons shall attempt to raise any sum of money, or to dis-dollars.

1 The two acts immediately preceding. Some sections of those acts would have fallen more properly under a different title, but for the obvious necessity of presenting the two acts entire, in juxtaposition with the explanatory act which follows.

under the pe

Duty of justices.

pose of any property by a lottery, except as herein authorised, each person concerned therein shall forfeit the sum of one thousand dollars, to be recovered by information or indictment, in any court having competent jurisdiction, for the use of the territory: and when any of judges and the judges of the superior courts of law and equity, or any justice of the peace, on his own view of the offence, or by information on the oath of one or more creditable witness or witnesses, shall be satisfied that any person is concerned in any scheme of a lottery, contrary to the provisions of this act, he is authorized and required to issue his warrant against any such person or persons, and have him, her, or them brought before him, and shall compel any and every person concerned in any lottery contravening this act as aforesaid, to enter into a recognizance, himself in the sum of one thousand dollars, with two good and sufficient securities in the sum of five hundred dollars each, to appear at the next superior court of the proper county, to answer to such charges as may be exhibited against him, and to be of good behavior in the mean time; and in case any person taken up as aforesaid, shall fail to give the security required by this act, he shall be committed to jail.

1812-(12) Sec. 1.

Penalty for exhibiting gaming-ta

therein.

§ 3. If any person or persons shall be guilty of keeping or exhibiting any gaming-table, commonly called A B C, or E O, or roulette, or rowley-powley, or rouge and noir, or any faro bank, or any other ble, or being gaming-table or bank of the same or like kind, or of any other deinterested scription under any other denomination whatever, or shall be, in any manner, either directly or indirectly, interested or concerned in any of the aforesaid gambling-tables, bank, or games, either by furnishing money, or other articles for the purpose of carrying on the same; being interested in the loss or gain of the said table or bank, or employed in any manner in conducting, carrying on, or exhibiting said table or bank; every person so offending, and being convicted thereof in the superior court of law and equity of the proper county, shall pay a fine of not less than five hundred dollars, and not more than two thousand dollars, and shall stand in the pillory three days in suecession, one hour each day.

Ib. Sec. 2. Owners or Occupants of houses to prohibit gaming.

4. If any owner or occupant of any house, out-house, or other building, shall knowingly permit or suffer any of the before-mentioned tables, banks, or games to be carried on or exhibited in their said house, out-house, or other building, and be convicted thereof, he shall pay a fine of not less than one hundred dollars, nor more than two thousand dollars: Provided always, That if the owner or occupant of said house, out-house, or other building shall give information to any judge or justice of the peace, of the proper county, against any person keeping, exhibiting, concerned or interested in said table, bank, or game, within six days after the same comes to his knowledge, he or they so informing shall not be liable to the penalty of this section. § 5. It shall be the duty of all judges, justices of the peace, jusJudges, &c., tices of the quorum, and city magistrates, who shall receive informasons suspect- tion, or shall have good cause to believe that any person is guilty of any ed of gaming of the offences created by this act, to cause the said person or persons

Ib. Sec. 4.

to arrest per

so suspected to be arrested, and brought before them; and if, on examination, the said judge, or justice, or magistrate shall be of opinion that such person is guilty of the charge laid against him, the said judge shall bind him in recognizance, with good and sufficient security, to appear at the next superior court of law and equity, to answer said charge, and also that he, in the mean time, will not be guilty of the like offence, with which he stands charged, and in default of his finding such security, to commit the offender to the jail of the proper county.