by his guardian ad litem, to be appointed by the court, and have proof taken as to the value, quantity, and condition of the property; and no sale or lease of such property shall be valid unless the same shall be reported to and confirmed by the court.

SEC. 22. When any insane person shall be seized or possessed of any real estate by way of mortgage, or as trustee for others in any manner, his committee may apply to the circuit court for authority to convey such real estate to the person entitled thereto in such manner as the court shall direct; and upon hearing all the parties interested, the court may order such conveyance to be made.

SEC. 23. On the application of any person entitled to such conveyance, the circuit court may compel the committee of any insane person, on the hearing of all parties interested, to execute such con

veyance.

SEC. 24. Every conveyance made under the provisions of this chapter, in pursuance of an order of the circuit court, shall be as valid as if the same had been executed by such insane person when of sound mind and understanding.

SEC. 25. The circuit court shall have power to compel the specific performance of any bargain or contract which may have been made by an insane person while he was able to contract, or of any made by another person, and subject to which such insane person claims, and to direct the committee of such person to do and execute all necessary acts and coveyances for that purpose.

SEC. 26. When an insane person shall regain his right mind and become capable of conducting his affairs, his committee shall render a final account of his trust and restore to him his estate, or so much thereof as shall remain.

SEC. 27. Any insane person may be committed to the government hospital as provided in chapter thirty-five, or when, on application of the committee or trustee of any insane party, the circuit court shall be satisfied that there is in any of the United States an institution better calculated to promote his comfort or restoration, and that his estate will suffice for the costs of removal and maintenance, it may authorize the removal of the insane party by his committee or trustee and his committal to such institution.

TITLE VIII.

CHAPTER 65.

OF CONVEYANCES AND CONTRACTS, RELATIVE TO REAL AND PERSONAL PROPERTY, FRAUDULENT AND VOID.

SECTION

1. No action to be maintained on certain contracts, unless in writing.

2. The consideration need not be in writing. 3. Contracts for the sale of goods, &c., for the price of fifty dollars; when valid.

4. What to be a memorandum in sales at auction.

5. Section three extended to goods, &c., to be made, &c.

6. Powers of circuit court to compel specific performances not to be abridged by this chapter.

7. What conveyances, &c., of lands or goods, &c., to ministers or religious denominations, void.

8. Mortgages, &c., of goods, &c., mortgagor remaining in possession, to be recorded. 9. "Creditors;" how construed.

SECTION 1. No action shall be maintained in any of the following cases unless the promise, contract, or representation upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and subscribed by the party to be charged therewith, or by some person thereunto by him lawfully authorized:

First. To charge an executor or administrator, upon any special promise, to answer damages, or to pay the debts of the testator or intestate out of his own estate; or,

Secondly. To charge any person upon any agreement made in consideration of marriage, except mutual promises to marry.

Thirdly. To charge any person upon any special promise to answer for the debt, default, or miscarriage of another; or,

Fourthly. To charge any person upon a special promise made by him, after attaining full age, to pay a debt contracted during infancy; or upon a ratification, after full age, of a promise or contract made during infancy; or,

Fifthly. To charge any person upon or by reason of any assurance or representation concerning the character, conduct, ability, trade, or dealings of another, made to the intent or purpose that such other may obtain thereby credit, money, or goods; or,

Sixthly. Upon any agreement that is not to be performed within one year from the making thereof; or,

Seventhly. Upon any contract for the sale of land, or the lease thereof, for more than three years.

SEC. 2. The consideration of any such promise, contract, agreement, or representation, need not be set forth or expressed in such writing, but may be proved by any legal evidence.

SEC. 3. No contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be valid, unless

1st. A note or memorandum of such contract be made in writing, and be subscribed by the party to be charged therewith, or by some person thereunto by him lawfully authorized; or,

2dly. Unless the buyer shall accept and receive a part of such goods or chattels, or the evidences, or some of them, of such things in

action; or,

3dly. Unless the buyer shall at the time pay some part of the

purchase money.

SEC. 4. Whenever any property, real or personal, shall be sold at public auction, and the auctioneer shall at the time of sale enter in a sale-book, a memorandum specifying the nature and price of the property sold, the terms of sale, the name of the purchaser, and the name of the person on whose account the sale is made, such memorandum shall be deemed a note of the contract of sale within the meaning of the section immediately preceding, or of part seventh of section one.

SEC. 5. The provisions of section three shall extend to all contracts for the sale of goods of the value of fifty dollars or more, notwithstanding it may be intended to deliver the goods at some future day, or the same may not at the time of such contract be actually made, provided, or fit for delivery, but require some act for the making or completing thereof, and rendering the same fit for delivery.

SEC. 6. Nothing contained in this chapter shall be constured to abridge the powers of the circuit court to compel the specific performance of agreements, in cases of partial performance thereof.

SEC. 7. Every conveyance or devise of lands, and every gift or bequest of goods or chattels, to any minister of the gospel, as such, or to any religious sect or denomination, or for the support or in trust for the same, shall be void, except such as either of them are authorized to hold through trustees, by the provisions of chapter twenty, Part I, of this Code.

SEC. 8. No goods, chattels, or slaves, whereof the vendor, donor, mortgagor, or assignor, shall remain in possession, shall pass, or any property therein be transferred, as against the creditors of such vendor, donor, mortgagor, or assignor, or subsequent purchasers in good faith, except by an instrument in writing, acknowledged and certified as herein before required with regard to deeds of real estate, and recorded and indexed, in the office of the recorder.

SEC. 9. The term creditors, as used in the last section, shall be construed to include all persons who shall be creditors of the vendor, donor, mortgagor, or assignor, at any time while such goods, chattels, or slaves, shall remain in his possession.

SEC. 10. Nothing contained in the last two sections shall avoid or defeat any contract of bottomry, or respondentia, nor any transfer, assignment, or hypothecation of any ship or goods, at sea or abroad, if the mortgagee or assignee shall take possession of such ship or goods, as soon as may be after the arrival thereof within this District.

SEC. 11. Every conveyance of any estate in lands, and every charge, trust, limitation of use, upon, or in any lands, made or created with intent to defraud prior or subsequent purchasers, for a valuable consideration, of the same lands, as against such purchaser for a valuable consideration, shall be void.

SEC. 12. No such conveyance, charge, estate, interest, use, or trust, otherwise valid, shall be deemed fraudulent in favor of a subsequent purchaser, who shall have actual or constructive notice thereof at the time of his purchase, unless it shall appear that the grantee in such conveyance, or person to be benefitted by such charge, estate, interest, use, or trust, was privy to the fraud intended.

SEC. 13. Every conveyance of, or charge upon, any estate in lands, containing any provision for revocation at the will of the grantor, shall be void as against subsequent purchasers, from such grantor, for a valuable consideration, of any estate or interest so liable to be revoked, although the same may not be expressly revoked.

SEC. 14. When a power to revoke a conveyance of any interest in lands, and to reconvey the same, shall be given to any person other than the grantor, and such person shall thereafter convey such interest to a purchaser, for a valuable consideration, such subsequent conveyance shall be valid.

SEC. 15. If a conveyance to a purchaser, under either of the last two preceding sections, shall be made before the person making the same shall be entitled to execute his power of revocation, it shall be valid from the time the power of revocation shall vest in such person.

SEC. 16. All conveyances or assignments, in writing or otherwise, of any estate in lands, of goods or things in action, every charge upon lands, goods, or things in action, and all bonds, contracts, evidences of debt, judgments, decrees, made or suffered with intent to hinder, delay, or defraud creditors of their lawful damages, forfeitures, debts, or demands, shall be void as to the persons sought to be defrauded,

SEC. 17. All deeds of gift, conveyances, transfers, or assignments, verbal or written, of goods or things in action, made in trust for the use of the person making the same, shall be void as against creditors, existing or subsequent, of such person.

SEC. 18. Every conveyance, charge, instrument, act, or proceeding, declared by the provisions of this chapter to be void as against creditors or purchasers, shall be void against the heirs, executors, administrators, or assignees, of such creditors or purchasers.

SEC. 19. The provisions of this chapter shall not be construed to affect the title of a purchaser for a valuable consideration, unless it shall appear that such purchaser had previous notice of the fraudulent intent of his immediate grantor or assignor, or of the fraud rendering void the title of such grantor or assignor.

SEC. 20. The question of fraudulent intent, in all cases arising under any of the provisions of this chapter, shall be deemed a question of fact, nor shall any conveyance or charge be adjudged fraudulent as against creditors or purchasers, solely on the ground that it was not founded on a valuable consideration.

SEC. 21. All assignments of property in trust which shall be made by debtors to trustees, in contemplation of insolvency, with the design to prefer one or more creditors to the exclusion of others, shall be held to enure to the benefit of all creditors in proportion to their respective