tion, or alteration of such estate or interest, or any part thereof, at the will of the grantor, shall be void as against subsequent purchasers from said grantor for a valuable consideration, of any estate or interest so liable to be revoked, determined, or altered, although the same be not directly revoked, determined, or altered by such grantor by virtue of the power reserved or expressed in such prior conveyance or charge.

SEC. 4. When a power to revoke a conveyance of lands or rents and profits thereof, and to reconvey the same, shall be given to any person other than the grantor in such conveyance, and such person shall thereafter convey the same lands, rents, and profits to a purchaser for a valuable consideration, such subsequent conveyance shall be valid in the same manner and to the same extent as if the power of vacation were recited therein, and the intent to revoke the former conveyance expressly declared.

SEC. 5. If a conveyance to a purchaser under either of the two last preceding sections shall be made before the person making the same shall be entitled to execute his power of vacation, it shall nevertheless be valid from the time the power of vacation shall actually rest in such person in the same manner and to the same extent as if then made.

SEC. 6. No estate or interest in lands other than for leases for a term not exceeding one year, or any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.

SEC. 7. The preceding section shall not be construed to affect in any manner the power of a testator in the disposition of his real estate by a last will and testament, nor prevent any trust arising or being extinguished by operation of law.

SEC. 8. Every contract for the leasing for a longer term than one year, or for the sale of any lands or interest in lands shall be void unless the contract, or some note or memorandum thereof expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.

SEC. 9. Every instrument required to be subscribed by any

person mentioned in the last preceding section may be subscribed by the agent of the party lawfully authorized.

SEC. 10. Nothing contained in this act shall be construed to abridge the power of the court to compel the specific performance of such agreements.

SEC. 11. All deeds of gift, all conveyances and transfers or assignments, verbal or written, of goods, chattels, or things in action made in trust for the use of the person making the same, shall be void as against the creditors existing or subsequent of such

person.

SEC. 12. In the following cases any agreement shall be void unless such agreement, or some note or memorandum thereof expressing the consideration, be in writing, and subscribed by the party charged thereunto: First, Every agreement that by the terms is not to be performed within one year from the making thereof. Second, Every special promise to answer for the debt or default or miscarriage of another. Third, Every agreement, promise, or undertaking made upon consideration of marriage except mutual promise to marry.

SEC. 13. Every contract for the sale of any goods, chattels, or things in action for the price of two hundred dollars and over shall be void unless, First, A note or memorandum of such contract be made in writing, and be subscribed by the parties to be charged therewith, or Second, Unless they shall accept or receive a part of such goods or the evidences or some of them of such in action. Third, Or unless the buyer shall at the time pay some part of the purchase money.

SEC. 14. Whenever goods shall be sold at auction, and the auctioneer shall at the time of the sale enter in a sale book a memorandum specifying the nature and price of the property sold, the term of sale, the names of the purchasers, and 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 last section.

SEC. 15. Every sale made by a vendor of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by the immediate delivery, and be followed by an actual and continued change of possession of the thing sold and assigned, shall be conclusive evi

dence of fraud as against the creditors of the vendor or the person making such assignments, or subsequeut purchasers in good faith.

SEC. 16. 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 while such goods and chattels shall remain in his possession or under his control.

SEC. 17. Every instrument of writing required by any of the provisions of this act to be subscribed by any party, may be subscribed by the lawful agent of such party.

SEC. 18. Every conveyance or assignment in writing or otherwise of any estate or interest in lands or in goods in action, or of the rents or profits thereof, made with the intent to hinder, delay, or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts, or demands, and any bond or other evidences of debt given, suits commenced, decrees or judgments suffered, with the like intent as against the person hindered, delayed or defrauded, shall be void.

SEC. 19. Every conveyance, charge, instrument, or proceeding declared to be void by the provisions of this act, as against creditors or purchasers, shall be equally void as against the heirs, successors, and personal representatives or assigns of such creditors or purchasers.

SEC. 20. The question of fraudulent intent in all cases arising under this act shall be deemed a question of fact and not of law, 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. The provisions of this act shall not be construed in any manner to affect or impair 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 of the fraud rendering void the title of such grantor.

SEC. 22. The term " bonds" as used in this act shall be construed as co-extensive in meaning with land, tenements, hereditaments, and possessory land claims to public lands; and the terms "estate," and "interest in lands" shall be construed to embrace every estate and interest present and future vested and contingent in lands as above defined.

SEC. 23. The term "conveyance as used in this act shall be

construed to embrace any 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 land is created, alienated, assigned, or surrendered.

SEC. 24.

its passage.

This act to take effect and be in force from and after

[Approved February 9, 1865.]

AN ACT granting relief to Tax Payers.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. That any corporation, person or persons within the Territory of Montana who heretofore have paid any taxes or licenses upon property therein, under the revenue laws of Idaho Territory, during the year eighteen hundred and sixty-four, shall, upon producing a lawful receipt therefor to the tax collector, be entitled to to have the amount thereof deducted from any taxes or license due and payable under existing laws levying taxes or lisences in this Territory, provided that the same shall be deducted from the taxes or licenses first due from such corporation, person or persons. SEC. 2. This act shall take effect from and after its passage. [Approved Febraary 9, 1865.]

AN ACT to amend an Act entitled an Act concerning Counties and County Officers.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. All that portion of section ten of an act entitled an act concerning counties and county officers after and including the word provided in line nineteen of said section, be and the same is hereby repealed.

SEC. 2. This act to take effect, and be in force, from and after its passage.

[Approved February 9, 1865.]

AN ACT to provide for Contested Elections.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. That if any candidate or elector of the proper county or representative or council district chooses to contest the validity of any election, or the rights of any person proclaimed duly elected to his seat in the council or house of representatives, such person shall give notice thereof, in writing, to the person whose election he intends to contest, or leave a written notice thereof at the house where such person last resided, within twenty days after the election, expressing the points on which the same will be contested, and the names of two justices of the peace who will officiate at the taking of depositions, and when and where they will attend to taking the same; and such notice shall be served at least five days before the day so pointed out therein for the taking of the depositions.

SEC. 2. That the said justices, or either of them, shall have power, and are hereby authorized and required to issue subpoenas to all persons whose testimony may be required by either of the parties, and the said two justices when met shall hear and certify, under seal, all testimony relative to such contested election to the speaker of the branch of the legislative assembly where the person whose seat is contested may be returned to serve at the next session.

SEC. That no person shall contest the election of any member of the council or house of representives unless he is an elector of that county or district from which the person is returned to serve. No testimony shall be received by the justices on the part of the person contesting the election which does not relate to the point specified in the notice, a copy of which notice shall be delivered to the said justices and by them transmitted to the speaker of the branch of the legislative assembly where the contest is to be decided, with the other documents.

SEC. 4. That the method to be pursued in contesting the election of any person declared duly elected sheriff, coroner, county