What memoran eer deemed a evidence of some of them, of such things in action; or, third, unless the buyer shall, at the time, pay some part of the purchase money. 1263. SEC. 13. Whenever goods shall be sold at aucdum of auction- tion, and the auctioneer shall at the time of sale enter in a sufficient writing 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 for whose account the sale is made, such memorandum shall be deemed a note of the contract of such sale, within the meaning of the last preceding section. Fraud conclusively presumed hattels remains with vendor after sale. 1264. SEC. 14. Every sale made by a vendor of goods as against cred- and chattels in his possession, or under his control, and itors, etc., where possession of every assignment of goods and chattels, unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of the things sold or assigned, shall be presumed to be fraudu lent and void, as against the creditors of the vendor, or the creditors of the person making such assignment, or subsequent purchasers in good faith, and this presumption shall be conclusive. The term "creditors' construed. Subscription of Conveyances with intent to delay, hinder or ors. 1265. SEC. 15. The term "creditors," as used in the last section, shall be construed to include all persons who shall be creditors of the vendor or assignor, at any time whilst such goods and chattels shall remain in his possession or control. 1266. SEC. 16. Every instrument required by any of writing by agent the provisions of this chapter to be subscribed by any party, may be subscribed by the lawful agent of such party. 1267. SEC. 17. Every conveyance or assignment in writing or otherwise, of any estate or interest in lands, or defraud credit in goods or things in action, or of any rents and profits issuing thereupon, and every charge upon lands, goods or things in action, or upon the rents and profits thereof, made with the intent to hinder, delay or defraud creditors or other persons, of their lawful suits, damages, forfeitures, debt or demands, and every bond or other evidence of debt given, suits commenced, decree or judgment suffered with the like intent, as against the person so hindered, delayed or defrauded, shall be void. trust not in 1268. SEC. 18. Every grant or assignment of any Assignment of existing trust in lands, goods or things in action, unless writing, void. the same shall be in writing, subscribed by the party making the same, or by his agent lawfully authorized, shall be void. Against whom clared to be void, shall be void. 1269. SEC. 19. Every conveyance, charge, instrument or proceeding declared to be void by the provisions of this instruments dechapter, as against creditors or purchasers, shall be equally void against the heirs, successors, personal representatives or assignees of such creditors or purchasers. tion of fact: consideration in 1270. SEC. 20. The question of fraudulent intent, in Fraud, a quesall cases arising under the provisions of this title, shall be want of valuable deemed a question of fact, and not of law; nor shall any con- conveyance not veyance or charge be adjudged fraudulent against creditors dence. or purchasers solely on the ground that it was not founded. on a valuable consideration. sufficient evi Purchaser for eration and not impaired in 1271. SEC. 21. The provisions of this chapter shall not be construed in any manner to affect or impair the title valuable considof a purchaser for a valuable consideration, unless it shall without notice, appear that such purchaser had previous notice of the his right. fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor. Construction of and "estate and lands 1272. SEC. 22. The term "lands," as used in this chapter, shall be construed as co-extensive in meaning with terms "lands," "lands, tenements and hereditaments;" and the term "estate interest in and interest in lands," shall be construed to embrace every estate and interest, freehold and chattel, legal and equitable, present and future, vested and contingent in lands as above defined. 1273. SEC. 23. The term "conveyance," as used in this chapter, shall be construed to embrace every instrument in writing, except a last will and testament, whatever may be its form, and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned or surrendered. Construction of term "conveyance." Duties of gover of other state or territory for fugitive from justice. CHAPTER XL. FUGITIVES FROM JUSTICE. · [Revised Statutes, Chapter XXXVIII.] 1274. SECTION I. Whenever the executive of any other nor on demand state or of any territory of the United States shall demand of the executive of this state any person as a fugitive from justice, and shall have complied with the requisitions of the act of congress in that case made and provided, it shall be the duty of the executive of this state to issue his warrant under the seal of the state to apprehend the said fugitive, directed to any sheriff, coroner, or constable of any county in this state, or other persons whom the said executive may think fit to intrust with the execution of said process. Any of the said persons may execute such warrant anywhere within the limits of this state, and convey such fugitive to any place within this state which the executive in his warrant shall direct. Demand of this from justice, from other states and territories. 1275. SEC. 2. Whenever the executive of this state state for fugitive shall demand a fugitive from justice from the executive of any other state or territory, he shall issue his warrant under the seal of the state, to some messenger, commanding him to receive the said fugitive and convey him to the sheriff of the proper county where the offense was committed. How expenses paid. Proceedings in case of person charged here with commission of felolny in territory. 1276. SEC. 3. The expenses which may accrue under the last preceding sections, being first ascertained to the satisfaction of the executive, shall on his certificate be allowed and paid out of the state treasury on the warrant of the auditor. peace, with 1277. SEC. 4. Whenever any person within this state shall be charged upon the oath or affirmation of any credible witness, before any judge or justice of the other state or the commission of any murder, rape, robbery, burglary, arson, larceny, forgery, or counterfeiting, in any other state or territory of the United States, and that the said person hath fled from justice, it shall be lawful for the said judge or justice to issue his warrant for the apprehension of said person. If If upon examination, it shall appear to the satisfaction of such judge or justice that the said person is guilty of the offense alleged against him, it shall be the duty of the judge or justice to commit him to the jail of the said county, or if the offense is bailable according to the laws of this state, to take bail for his appearance at the next district court to be holden in that county. It shall be the duty of the said judge or justice to reduce the examination of the prisoner, and those who bring him, to writing, and to return the same to the next district court of the county where such examination is had, as in other cases, and shall also send a copy of the examination and proceeding to the executive of this state, as soon thereafter as may be. If in the opinion of the executive of this state, the examination so furnished contains sufficient evidence to warrant the finding of an indictment against such person, he shall forthwith notify the executive of the state or territory where the crime is alleged to have been committed, of the proceedings which have been had against such person, and that he will deliver such person on demand, without requiring a copy of an indictment to accompany such demand. When such demand shall be made, the executive of this state shall forthwith issue his warrant under the seal of the state, to the sheriff of the county where the said person is committed or bailed, commanding him to surrender him to such messenger as shall be therein named, to be conveyed out of this state. If the said person shall be out on bail, it shall be lawful for the sheriff to arrest him forthwith, anywhere within the state, and to surrender him agreeably to said warrant. continuance of district courts. 1278. SEC. 5. In cases where a party shall have been Discharge or admitted to bail, and shall appear at the district court ac- recognizance by cording to the condition of his recognizance, and no demand shall have been made of him, it shall be in the power of said court to discharge the said recognizance, or continue it, according to the circumstances of the case, such as the distance of the place where the offense is alleged to have been committed, the time that hath intervened since the arrest of the party, and the strength of the evidence against him. If no demand be made upon the sheriff for him within that time, he shall be discharged from prison, or exonerated from his recognizance, as the case may be. Forfeiture inures to benefit of state. Security for in case of com ings on bond. 1279. SEC. 6. If the recognizance shall be forfeited, it shall inure to the benefit of the state. 1280. SEC. 7. In all cases where complaint shall be costs to be taken made, as aforesaid, against any fugitive from justice, it shall plaint; proceed-be the duty of the judge or justice to take good and sufficient security for the payment of all costs which may accrue from the arrest and detention of such fugitive, which security shall be by bond to the clerk of the district court, conditioned for the payment of costs, as above, which bond, together with a statement of the costs which may have accrued on the examination, shall be returned to the office of the clerk of the district court, and upon the determination of the proceedings against such fugitive within that county, the clerk shall issue a fee-bill as in other cases, to be served on the persons named in the bond, or any of them, which fee-bill shall be served and returned by the sheriff, for which he shall be allowed the same fees as are given him for serving notices. If the fees be not paid on or before the first day of the next district court to be holden in and for that county, nor any cause then shown why they should not be paid, the clerk may issue an execution for the same against those parties on whom the fee-bill has been served, and when the said fees are collected, shall pay over the same to the persons respectively entitled thereto. The clerk shall be entitled to one dollar for his trouble in each case, besides the usual taxed fees which are allowed in other cases for like services. Nothing herein contained shall prevent the clerk from instituting suits on said bonds in the ordinary mode of judicial proceedings, if he shall deem it proper. Rewards for 1281. SEC. 8. If any person charged with or convicted apprehension of of treason, murder, rape, robbery, burglary, arson, larceny. fugitive. forgery, or counterfeiting, shall break prison, escape or flee from justice, or abscond and secrete himself, in such cases it shall be lawful for the governor, if he shall judge it necessary, to offer any reward not exceeding two hundred dollars for apprehending and delivering such person unto custody of such sheriff, or other officer, as he may direct. The person or persons so apprehending and delivering any such person as aforesaid, producing to the governor the |