The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-04-02
parol leases or estates, or any former
law or usage to the contrary notwlth-


not exceeding the term of three years
from the making thereof, whereupon the
rent reserved to the landlord during such
term shall amount unto two third parts at
least. of what the rent of the premises is
really worth.
Sec. 8. And moreover, that no leases,
estates or interest of freehold, or of3term
of years, or any uncertain interest Of, into
or out of any messuages, lands, tenements
or hereditaments, shall at any time be as
signed or granted, unless it be by deed or
note in writing, signed by the party so as
signing or granting the same, or their
agents thereunto lawfully authorized by
writing, or by act or operation of law.
Sec. 4. No action shall be brought
whereby to charge any executor or adj
ministrator. or upon any special promise
to answer damages out of his own estate,
or whereby to charge the defendant upon
any special promise to answer for the
debt, default or miscarriage of any other
person, or charge any person upon any
agreement in consideration of marriage,
or upon any contract or sale of lands, ten.
ements or hereditaments, or any interest
in or concerning them, or upon any agree
ment which is not to be performed within
one year from the making thereof, unless
the agreement upon which such action
shall be brought, or some note or memo
randum thereof shall be in writing, and
signed by the party to be charged there
by, or some person by him thereunto law
fully authorized.
Sec. 5. All declarations or creations of
trust or confidence of any lands, tene-
ments or hereditamen's, shall be mani
tested and proved by some writing signed
by the party, who by law may be entitled
to declare such trust or confidence, or by
his last will in writing or else the same
shall be utterly void and of none effect;
Provided, always, That when any con-
veyance shall be made of any lands or
tenements, by which trust or confidence
shall or may arise, or result by the i'm
plication or construction of law or be
transferred or extinguished by any act or
operation Of law, then and in every such
case, such trust or confidence shall be of
the like force and effect as the same would
have been if this act had never been pass
ed, any thing herein contained to the con-
trary Notwithstanding.
Sec. 6. judgments in the district and
supreme courts of this territory, shall
have the operation Of and shall be liens
upon the real estate of the person or per.
sons against whom such Judgment may
be rendered from the day of the rendition
thereof, in the county within which such
judgments may be rendered; and it shall
be the duty of the clerks of such courts,
when applied to by any person interested
in any Judgment rendered by any of the
courts aforesaid, to make out and deliver
to such applicant an attested copy Of the
record Of such judgment, authenticated
by the seal of such court, which attested
copy may be by such person filed in the
Office of any clerk of the district court
within this territory and when so filed
the said clerk in whose office the same
may be filed shall record the same among
the records of the court of which he is
clerk, and enter the same on the Judgment
docket and such attested copy when so
filed, recorded and entered as aforesaid,
shall operate as a lien upon the estate of
the person or persons against whom such
judg may have been rendered, stu.
ate in the county in which the same may
have been so filed as aforesaid, recorded
and entered in the same manner and to
the same legal extent that the same would
have done had such judgment been orgi-
nally rendered in the district court of such
county which lien shall operate from
the day of filing, recording and entering
such copy as aforesaid. But no execu-
ton shall ever issue upon such attested
copy; although the record thereof shall
have the same force and effect in every
other point of view, as any other record
of such court might or could have.
Sec. Z. No contract for the sale of any
goods, wares or merchandise, for the
price Of thirty dollars or upwards, shall
be allowed to be good, except the buyer
shall accept part Of the goods so sold and
actually receive the same, or give some.
thing in earnest to bind the bargain, or
in part payment. or that some note or
memorandum in writing of the said bar
gain, be made and signed by the parties
to be charged by such contract, or their
agents thereun,o lawfully authorized.
Sec. 8. That from and after the pas
sage of this act, no bill of sale or other
conveyance Of personal property, where
the vendor shall retain the actual posses
sion of the property so conveyed, shall be
good and valid in law to pass any right to
such property against existing creditors
or subsequent purchasers, without notice,
unless the bill of sale or other instrument
of wiring conveying the same, be ac-
knowledged befsre some Justice of the
peace for the county where the same is
executed and recorded, within ten days,
in the office of the recorder of deeds for
the county where the holder of the pro-
perty resides.
Sec. 9. And be it enacted, That the re-
corders of deeds in the several counties in
this territory be and they are hereby re-
quired to record all such conveyances OF
personal property in separate book to
be kept by them for this purpose ; and for
recording of any such convevances nj