Page:United States Statutes at Large Volume 31.djvu/545

FIFTY·SIXTH CONGRESS. Sess. I. Ch. 786. 1900._ 493 Sec. 1042. The uninterrupted adverse notorious pdssession of real s€'g`£gb$' ¤°"°*°° P°¤· pgoperty under color and claim of title for seven years or more shall ` conclusively presumed to give title thereto except as against the United States. CHAPTER ONE HUNDRED AND ONE. or INDISPENSABLE EVIDENCE. Sec. Sec. ` 1043. Sale or transfer of personal prop- l 1046. Sale or transfer of real property. erty. 1047. When last section to affect certain 1044. Agreement not in writing, when cases. void. 1048. Sale or transfer of boat or vessel. 1045. As to representatives concerning · third persons. SEc. 1043. Eve sale or assignment of ersonal ro ert unless S°l° °' °’°”*°’ °‘ accompanied by {YQ immediate delivery andp the actugl agd cgintinued mmm pmpml change of possession of the thing sold or assigned, shall be presumed prima facie to be a fraud aglmnst the creditors of the vendor or assignor, and subsequent purc 8.SB1'S in good faith and for a valuable consideration, during the time such property remains in the possession of said vendor or assignor. SEc. 1044. In the following cases an agreement is void unless the m%*¤g$;1gg{d i¤ same or some note or memorandum thereof expressing the considera-` tion be in writing and subscribed by the party to be charged, or by his lawfully authorized agent: · (1) An a reement that by its terms is not to be performed within a year from ae making thereof; · (2) An agreement to answer for the debt, default, or miscarriage of another; (3) An agreement by an executor or administrator to pay the debts of his testator or intestate out of his own estate; (4) An agreementmade upon consideration of marriage, other than a mutual promise to marry; (5) An agreement for the sale of personal property at a price not less than fifty dollars, unless the buyer accept and receive some part of ‘ such personal property, or pay at the time some part of the purchase price; but when the sale is made by auction, an entry by the auctioneer in his sale book, at the time of the sale, of the property sold, the terms of the sale, the price, and the names of the purchaser and person for whose account the sale is made, is a sufficient memorandum. _ (6) An agreement for leasing for a longer period than one year, or . for the sale of real property, or of any interest therein, or to charge ' or encumber the same. (7) An aglreement concerning real property made by an agent of the party soug t to be charged, unless the authority of the agent be in writin . ‘ Snclg 1045. No evidence is admissible to charge a person upon a uu ¤<> represgpyaé representation as 'to the credit, skill, or character of a third person p;§$Yi§l1°°m°g H unless such representation or some memorandum thereof be in writiplg, ang either subscribed by or in the handwriting of the party to be c ar e . Sei. 1046. No estate or interest in realproperty, other than a lease mgglemvr r;¤=¤¤f¤r ¤* for a term not exceeding one year, nor any trust or power concerning P pe y` such property, can be created, transferre , or declared otherwise than by operation of law, or by a conveyance or other instrument in writing subscribed by the party creating, transferring, or declaring the same, or by his lawful agent under written authority, and executed with such formalities as are required by law. ‘