demands, and every bond or other evidence of debt given, suit com- 4 Abb. Ct. App. Dec., 94; 52 Barb., 272; 2 Daly, 372; 36 How. Pr. R., 74; 4 Robt., 171; TITLE 3. trusts to be 10 Barb., 346 Johns. Ch. convey. ances, etc., heirs, etc. Hill, 272; void as to §2. Every grant or assignment of any existing trust in lands, Grants of goods or things in action, unless the same shall be in writing, sub- in writing. scribed by the party making the same, or by his agent lawfully authorised, shall be void. §3. Every conveyance, charge, instrument or proceeding declared Certain to be void, by the provisions of this chapter, as against creditors or purchasers, shall be equally void against the heirs, successors, personal representatives or assignees, of such creditors or purchasers. §4. The question of fraudulent intent in all cases arising under certain the provisions of this chapter, shall be deemed a question of fact rules appliand not of law; nor shall any conveyance or charge be adjudged cases fraudulent as against creditors or purchasers, solely on the ground chapter. that it was not founded on a valuable consideration. 60 Barb., 68; 10 Bosw., 13, 423; 1 Bosw., 317; 7 Bosw., 490; 2 Abb., N. S., 304; 6 T. & C., 4 101 N. Y., 519, 644. cable to under this § 5. The provisions of this chapter shall not be construed, in any Id., as to manner, to affect or impair the title of a purchaser for a valuable h chasers. 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. 21 N.Y., 168; 17 N. Y., 28; 25 Barb., 431; 3 Duer, 166; 44 Barb., 257; 39 Barb., 98; 2 Robt., certain 26 Wend., § 6. The term "lands," as used in this chapter, shall be construed Id.; as to as co-extensive in meaning, with "lands, tenements and heredita- terms. ments;" and the terms "estate and interest in lands," shall be con- 559. strued to embrace every estate and interest, freehold and chattel, legal and equitable, present and future, vested and contingent, in lands, as above defined. 46 convey. § 7. The term "conveyance," as used in this chapter, shall be Id. term construed to embrace every instrument in writing, (except a last ance." 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. TITLE 3. [138] ld.; as to prior deeds, &c. 7 Lans., 268. § 8. The provisions of this chapter shall not extend to any conveyance, charge, contract, assignment, instrument or proceeding, had, made, executed or commenced, before this chapter shall be in force as a law. L. 1858, Chap. 314-An act to declare and extend the powers of executors, assignees, receivers and other trustees, and to protect the rights of creditors and others, against frauds, and for other purposes. Trustees, etc., may impeach assignments. SECTION 1. That any executor, administrator, receiver, assignee, or other trustee of an estate, or the property and effects of an insolvent estate, corporation, association, partnership or individual, may for the benefit of creditors or others interested in the estate or property so held in trust, disaffirm, treat as void, and resist all acts done, transfers and agreements made, in fraud of the rights of any creditor, including themselves and others, interested in any estate or property held by or of right belonging to any such trustee or estate. 42 N. Y., 255; 72 N. Y., 424; 18 Hun, 187; 18 Abb. N. C., 334; 16 Abb. N. C., 47; 19 J. & S., 144; 24 Hun, 467; 26 Hun, 292, 353; 29 Hun, 146; 32 Hun, 267; 28 Hun, 413; 33 Hun, 557; 21 J. & S., 532; 30 Hun, 227; 35 Hun, 128; 37 Hun, 628; 39 Hun, 284; 41 Hun, 163; 43 Hun, 164; 46 Hun, 628; 99 N. Y.. 168, 538; 103 N. Y.. 115. 302; 18 Abb. N. C., 334. And have actions against offenders § 2. That every person who shall, in fraud of the rights of creditors and others, have received, taken, or in any manner interfered with, the estate, property or effects of any deceased person, or insolvent corporation, association, partnership or individual, shall be liable in the proper action to the executors, administrators, receivers or other trustees of such estate or property, for the same, or the value of any property or effects so received or taken, and for all damages caused by such acts to any such trust estate. 51 N. Y., 554; 42 N. Y., 255; 6 Lans., 31; 3 Daly, 26. [Section 3 was repealed by L. 1880, ch. 245.] ART. 1. TITLE CHAPTER VIII. OF THE DOMESTIC RELATIONS. I.-OF HUSBAND AND WIFE. [Supplementary Title. TITLE 14.-Married women's rights and liabilities.] TITLE II.-OF PARENTS AND CHILDREN. [Supplementary Titles. TITLE 24-Adoption. TITLE 2.-Registry of births, marriages and deaths.] TITLE III.-OF GUARDIANS AND WARDS. TITLE IV. OF MASTERS, APPRENTICES AND SERVANTS. TITLE I. Of Husband and Wife. ART. 1.-Of marriage, and of the solemnization and proof thereof. ART. 3.-Of divorces, dissolving the marriage contract. ART. 4.-Of separations, or limited divorces. (Repealed.] ART. 5.-General provisions, applicable to the two last articles. [Repealed.] ARTICLE FIRST. OF MARRIAGE, AND OF THE SOLEMNIZATION AND PROOF THEREOF. SEC. 1. Marriage a civil contract; consent essential to its validity. 2. [Repealed.] 2. (New section.) Age of consent fixed. 3. Certain marriages between relations, incestuous and void. 4. At what time marriages without consent, etc., to be deemed void. 5. Polygamy forbidden. 6. Marriages contracted during absence of wife, etc., from what time void. 7. Pardons not to restore to conjugal rights, or to guardianship. 8. By whom marriages to be solemnized, in order to be registered. 9. Form of marriage; witnesses necessary. 10. Facts to be ascertained by minister, etc.; book to be kept. 11. Identity of parties about to be married, to be ascertained. 12. Penalty on ministers, etc., solemnizing marriages in certain cases. 13. Certificate of marriage to be given; its contents. 14. Certificate when and where to be filed and entered. 15. When certificate of ministers may be filed and entered. 16. Contents of the entry of every certificate. 17. Effect of certificate, entry and copies thereof, as evidence. 18. Fees of clerk of town or city. 19. This article not to apply to Quakers. its requi. SECTION 1. Marriage, so far as its validity in law is concerned, Marriage, shall continue in this state a civil contract, to which the consent of sites. parties, capable in law of contracting, shall be essential. 4 N. Y., 230; 8 Paige, 574; 7 Wend., 47; 20 Johns. R., 1; 18 Johns. R., 346; 4 Johns. R., 52. [Section 2 was repealed by L. 1830, ch. 320.] TITLE 1. § 2. The age of legal consent for contracting marriage shall be Age of con- eighteen years in the case of males and sixteen years in the case of females. [This new § 2 inserted by L. 1887, ch. 24.] sent fixed. [139] Certain marriages 4 Johns. § 3. Marriages between parents and children, including grandincestuous. parents and grand-children of every degree, ascending and descendCh. R., 343; ing, and between brothers and sisters of the half, as well as of the C., 363; id., whole, blood, are declared to be incestuous and absolutely void. This section shall extend to illegitimate, as well as legitimate children and relatives. 8 Abb. N. 444. Certain marriages void after their nulli ty declared. 17 Abb. N. C., 266; 4 Polygamy forbidden. § 4. When either of the parties to a marriage shall be incapable, for want of age or understanding, of consenting to a marriage, or shall be incapable from physical causes, of entering into the marriage state, or when the consent of either party shall have been obtained by force or fraud, the marriage shall be void, from the time its nullity shall be declared, by a court of competent authority. 18 Johns. R., 346; 20 id., 1; 7 Wend., 47; 2 Bradf., 424; 1 id., 409; Hopk., 495; 4 Johns. R, 52; 4 id., 28, 343; 15 Abb., N. S., 19; 2 Sweeney, 319; 8 Paige, 594; 4 N. Y., 230; 3 Bradf., 433, 509. § 5. No second, or other subsequent marriage, shall be contracted 15 Abb., N. by any person, during the life-time of any former husband or wife Hun, 242; 4 of such person, unless, S., 317; 2 T. & C., 449; 11 N. Y., 230; 30 Barb., 55; 5 Barb., 121; 34 N. Y., 644; 44 Barb., 198; 26 Barb.,63; 5 Redf., Y., 602; 92 N. Y., 147; 101 N. Y., 40; 86 N. Y., 18. Marriages during a wife. 1. The marriage with such former husband or wife, shall have been annulled or dissolved, for some cause other than the adultery of such person: or, 2. Unless such former husband or wife, shall have been finally sentenced to imprisonment for life: Every marriage contracted in violation of the provisions of this section, shall, except in the case provided for in the next section, be absolutely void. [1 R. L., 118; 1 R. L., 411, § 17; 2 R. L., 198, § 1.] § 6. If any person whose husband or wife shall have absented himself or herself, for the space of five successive years, without being husband or known to such person to be living during that time, shall marry during the life-time of such absent husband or wife, the marriage shall be void only from the time that its nullity shall be pronounced by a court of competent authority. Conjugal rights, &c., not restored by pardon. Who to solemnize certain marriages. 47 How. Pr. R., 94; 8 Paige, 609; 1 Abb. Ct. App. Dec., 222; 16 Abb., N. S., 112; 7 Daly, 460; 30 Barb., 55; 6 Paige, 209; 1 Johns. Ch. R, 389. 488; 24 How. Pr. R., 213; Dem., 329; 28 N. Y., 336; 32 Hun, 280; 33 Hun, 78; 101 N. Y., 40; 29 Hun, 551. § 7. No pardon granted since the twelfth day of April, one thousand eight hundred and twenty-two, and no pardon hereafter granted, to any person, who has been, or shall be, sentenced, to imprisonment for life in this state, shall be deemed to restore such person, to the rights of any previous marriage, or to the guardianship of any children, the issue of such marriage. [L. 1882, 203.] § 8. For the purpose of being registered and authenticated according to the provisions of this title, marriages shall be solemnized 17 Abb. N. only by the following persons: C., 466. 1. Ministers of the gospel or of legally incorporated religious congregations, the leader of the society for ethical culture in the city of New York, and priests of every denomination. 2. Mayors, recorders and aldermen of cities. 3. Judges of the county courts and justices of the peace, and 4. Justices and judges of courts of record. [Thus amended by L. 1888, ch. 78, superseding L. 1877, ch. 430, and L. 1887, ch. 77.] ART. 1. marriage. necessary. § 9. When solemnized by a minister or priest, the ceremony of Form of marriage shall be according to the forms and customs of the church [140] or society to which he belongs. When solemnized by a magistrate, no Witnesses particular form shall be required, except that the parties shall sol- 2 Sweeny, emnly declare, in the presence of the magistrate and the attending 308;7 Abb witness or witnesses, that they take each other as husband and wife. NC, 98 In every case there shall be at least one witness, besides the minister or magistrate, present, at the ceremony. § 10. It shall be the duty of every minister, priest, or magistrate, required to solemnize a marriage, to ascertain, i. The Christian and surnames of the parties; their respective places of residence; and that they are of sufficient age to be capable in law of contracting marriage; 2. The names and places of residence of two of the attesting witnesses, if more than one be present; and if not, the name, and place of residence, of such witness: 24 Hun. 95. Facts to be ascertained by minister, &c. 25 N. Y., 397. his book. He shall enter the facts so ascertained, and the day on which such Entry in marriage is solemnized, in a book to be kept by him for that purpose. [This section thus amended by L. 1830, ch. 320, § 25.] minister or where part ties are not known to II. If either of the parties, between whom the marriage is to be Duty of solemnized, shall not be personally known to him, the minister or magistrate magistrate shall ascertain from the respective parties their right to contract marriage, and, for that purpose, he may examine the parties, personally or either of them, or any other person under oath, which he is hereby him. authorized to administer, which examination shall be reduced to writing and subscribed by the parties; and either of the respective parties making a false statement under this oath shall be deemed guilty of wilful and corrupt perjury, and shall be liable therefor. [Thus amended by L. 1873, ch. 25.] solemn certain § 12. Every minister or magistrate who shall solemnize a mar- Penalty for riage, where either of the parties, within his knowledge, shall be under izing mar. the age of legal consent, or an idiot or lunatic; or to which, within riages, in his knowledge, any legal impediment exists, shall be deemed guilty cases. of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried. riage. § 13. Whenever a marriage shall have been solemnized within this Certificate state pursuant to this title, the minister or magistrate by whom the m marriage was solemnized, shall furnish on request, to either party, a certificate thereof, specifying, 1. The names and places of residence of the parties married, and that they were known to such minister or magistrate, or were satisfactorily proved, by the oath of the parties themselves or a person known to him, that they were the persons described in such certificate, and that they were of sufficient age to contract marriage. 2. The name and place of residence of the attesting witness or witnesses; and, |