The Montgomery advertiser., 1906-12-17

This article IS new to, this Code.
 Section 2s14 states and defines no vation of contracts.
 Article z. Performance. 2Sl5-zslI.
 This article is also new to this Code
 Section 2S16 states the effect ol part performance of contractsN
 Section 2s16 states the effect of non. performance where 1t is the fault oi
 Section SSI7 states the effect of i'm possibility of performance.
 Article 8. Conditional. 261S-2szO.
 This article is new to this Code.
 Section 281S declares and distln- guishes the effect of absolute and con ditional contracts.
 Section 2S19 declares and distln' guishes the effect of conditions pre- cedent and subsequent
 Section 2S20 enumerates certain con tracts which are void.
 Article g. Rescission. 2S21 1-2S24.
 This article Is new--to this Code.
 Section 2821 defines and declares re- cission of contracts.
 Section 2S22 provides for rescission of contract for fraud,
 Section 2S23 provides for recisston
 Section 2S24 declares the rights of purchaser after rescission.
 Article 10. Defenses. 2S25-2S2s:
 This article is new to this Code. ments to contracts need not be proven
 Section 2826 declares when condi' ton precedent or subsequent not com piled with Is a defense.
 Section 2827 provides when failure to perform concurrent condition de-
 Section 2s2s provides when failure to perform dependent covenants de- fense.
 Article II. Void and Illegal. 2s2S.2s3o.
 This article is new to this Code.
 Section 2S29 provides that con tract to do an immoral thing Is void.
 Section 2sSo provides that a con, on policy of the law cannot be enforced. Article 12. Contracts in Considera- ton of Not Bidding for Public Lands This article constituted article un- der Frauds and Perjuries," in the Code of 1896 and is unchanged.
 Article 13. Gaming and wagering Contracts. 2S35-2S42. This article constituted Article under Frauds and Perjuries" in the Code of 1896, and is unchanged; ex- cept Section 2841 is new. It simply provides that all contracts; commonly ostensibiy for the purchase of any commodity when the parties do not in- tend that 1t shall be actually deliver ed, are void and not enforcible.
 Article IA. Contracts Made on Sun
 This Is the same as Article { under chapter Frauds and Perjuries," in the Code of 1S96.
 Article f5. Of an Insane Person. Section 2S44 is codified from Act of March 2, 1901, p. 15S, which regu- lates sales of real estate by insane per sons.
 Section 2S45 provides that insane per sons estate shall be liable for neces- saries furnished him in the same man. ner as infants.
 Chapter 67. Conyeyances and Leans.
 2B4G-2051.
 Articles 5 and of this chapter as they appeared in the Code of 1896, per taining to mortgages were transfer. red to the new chapter, the title oi part of the chapter Is divided into eighteen articles instead Of five as Article 1. Who May Convey or AL ienate Lands. 2846.
 Title of article rewritten, but sup Ject matter unchanged.
 Article 2. Conveyances and aliena- tion of Lands; How Executed; Attesta- tion ana Acknowledgement of. 2S47' 2S5S.
 Title of article rewritten.
 Section 2S51 (994,) the phrase "and clerks" added after the word judges in accordance with Act Of December s, 1900, D. 42. Section 1.
 Section 1858 is new and provides that decrees of chancery court for specific performance shall operate as deed to convey lands; and provides for re- cording and registering same
 Article 3. Recording and Registra- tion. 2S59-2S73.
 Title of article rewritten.
 Section 2S60 (9S6.) The last clause added by the Commissioner, which il intended to prevent conveyances from being recorded which are not proper ly acknowledged or probated, to con form to Section 2S67. l99s.)
 Section 2S65 (991.) The last clause when acknowledged or probated al required by law" is substituted Tor the clause. without any acknowledg- ment or probate thereof" Tie effect Is to require the conveyance to be ac' knowledged or pfobated in order tC give notice and in order to make thls Section conform to Section 2S67 (99S.l
 Section 2s66 (992O Is rewritten, based partly upon the act relating partlS to the same subject-matter, of Septem- Der 30, 1908. p. BOA. The clause in the middle of the section, unless the maker of such conveyance or somC person claiming under him, or one ol the adverse parties against whom such conveyance or transcript Is offered 1T evidence shall make and file an affi' davit that the said conveyance is forgery to the best of his Knowledge and belief" is added by the commis sioner; and the provision that any such conveyance heretofore executed which may be recorded after the adop- ton of this Code" Is dded by the com missioner, which is intended to phhei hi section at every session of the Legis' lature or passing aQ independent sta tute to cover such cases. It IS hopet that the statute as now written wil prevent the necessity of passing sim liar statutes at every session or th' Legislature.
 Article 4. Conveyances, Deeds. Mort gages, sSales. Loans, Gifts Settlemenls Etc, Void as to Purchasers. Mort era 0as and Judgment Creditors UnleSi Recorded. 2S74-2SS6.
 Title of article new.
 Section 2874 (1005, 1OO6.) This sec tion rewritten so as to take the place of both Sections 1OO5 and 1O06 of tn Code of 1896; the effect 1t to put con veyances of personality, reality anC all absolute and conditional convey ances upon the same footing. Ther is no valid reason apparent to the com missioner why the distinction should have been made In the two cases cover ed by the statute; 1t is intended t' make the law uniform as to all cases before "preceding sections" is omitted because the two sections are now in
 Article 5. Fee Simple Estates. 2Ss7
 Title of article new, bus suDJect-mat
 Article 6. Fee Tail Estates. 2sSS.
 Title of article new, but subject-mat ter unchanged.
 Article z. Remainders and EXecu tory Devises. 28S9-2892.
 The title of this article new.
 Section 2S91 is new and defines al estate in remainder.
 Section 2S92 is new and defines an distinguishes vested and contingen remainders. %S q
 Article $. Estates or Posthumoui Child. 2S93.
 Title of article new.
 Section 2S93 Q024O caption of sec tion rewritten.
 Article 3. Rule in Shelley's Gas, 2S94-2896. ter unchanged. ~ ..