shall contain the name and addition of the person so assigning, and the name of the person to whom the same shall be assigned, and the sum of money mentioned in such assignment to be remaining due upon such judgment, &c. with the day and year when such assignment was perfected; and one of the witnesses to such memorial, who shall be a witness to the assignment of such judgment, &c. shall make an affidavit, at the foot of such memorial, of the true perfection of such assignment, before the respective officer where such judgment, &c. shall be entered, or his legal deputy, or before any of the judges of the 4 courts in Dublin, or before any of the judges of his majesty's courts at Westminster; which memorial and affidavit shall be lodged in the proper office where such judgment, &c. shall be entered; and the several officers are required to enter such memorials in rolls of parchment or vellum to be kept in such respective offices; and to indorse on such assignments the day of the month and year, and hour of the day, whereon such memorials were so lodged and proved; and such officers shall enter the number and roll where such assignment is registered, at the foot of each judgment, &c. so assigned; for all which indorsements, entries, and 'affidavits, upon each memorial, 6s. 8d. shall be paid. And by s. 2. (as amended by the 25 Geo. 2. c. 14. s. f. Ir.) from such time as such memorial of such assignment (25 Géo. 2. shall be entered on such roll, it shall be lawful for such c. 14. s. 1. Ir.) assignee, his executors, administrators, or assigns, (and Assignees shall for no other person), in his or their own name or names, revice, &c. as to revive such judgment, &c. and to sue forth execution thereon, reciting the special matter; or bring an action of debt, or otherwise proceed thereon; and also to discharge and release the same, and enter satisfaction on the record of such judgment, &c. as the conusee of such judgment, his executors or administrators, might do; and such assignee, &c. shall be considered to all intents and purposes in the place, stead, and condition, either in law or equity, of the assignor; and the conusor of such judgment, &c. his executors, administrators, or assigns, may, upon payment to such assignee, plead pay s. 2. conasees. ment, specially, to such assignee: and such assignee, his executors or administrators, may assign over the same in manner aforesaid, and such assignment shall be registered as aforesaid, and such assignee may revive, &c. as aforesaid. Provided (s. 3.) that the conusor of such judgment, &c. his heirs, executors or administrators, shall have the same remedy and defence both in law and equity against the assignee of such judgment, &c. or signees as conu- his representatives, as he or they might have had against the conusee, &c. These statutes are peculiar to Ireland. s. 3. Conusors shall have same defence, &c. against as sees. $ 1. Deeds of gift to defraud cre ditors void. CHAP. XXI. Of Title by Gift, Grant, and Contract. By the 3 Hen. 7. c. 4. E. & I. all deeds of gifts of goods or chattels (which this statute recites were often made with intent to defraud creditors) to be made of 3 Hen. 7. c. 4. trust, to the use of the person that made the same, shall be void. And the 13 Eliz. c. 5. and 10 Car. 1. st. 2. Ante p. 516. c. 3. Ir. which have been already stated, also avoided such fraudulent conveyances. E. & L. $2. Contracts for sales of goods when valid. 29 Car. 2. c. s. 17. Eng. 7 W. 3. c. 12. s. 13. Ir. Sale of horses how to be in fairs, &c. II. By the 29 Car. 2. c. 3. s. 17. Eng. no contract for the sale of any goods, wares, and merchandizes, for the price of £10 sterling, or upwards, shall be good, except 3. the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part of payment; or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized: The 7 W. 3. c. 12. Ir. contains the same provision. To prevent the buying of stolen horses, the 2 & 3 Ph. & M. c. 7. Eng. enacts, that the owner, or chief keeper 2 & 3 Ph.&M. of every fair and market overt, shall, yearly, appoint a c. 7. Eng. certain *20s. by 4 Ann. c. 11. Ir. + This clause not in 4 Ann. "On the bargain, &c. 4 Ann. c. 11. Ir. in c. 11. Ir. s. 3. certain place where horses, mares, geldings, and colts, shall be used to be sold, in which place there shall be, by the keeper of the fair, &c. appointed one or more to take toll, and keep the place, from 10 before noon until sun-set, upon pain to forfeit #40s.; [tand every toll-gatherer shall during such fairs, &c. take toll for every such horse, &c. at said place, between said hours, and not at any other place;] and shall have before him, [at the taking of, the toll,] the parties to the bargain, exchange, gift, contract, or putting away of such horse, &c. and also the horse, &c. sold, &c.; and shall then write in a book the names, sur-names, and dwelling places, of all the parties, and the colour, with one special mark at the least, of every such horse, &c. on pain to forfeit #40s. And by s. 3. the [toll-gatherer or] keeper of the book shall, within one day after such fair, &c, deliver his book to the owner &c. of such fair, &c. who shall then cause a note to be * 20s. by made of the number of all horses, &c. sold at said fair, 4 Ann. c. 11. &c. and subscribe his name, or set his mark thereto; upon pain to forfeit *40s, [and also to answer the party grieved]. By s. 4. the sale, gift, or exchange, in any fair, &c, of any horse, &c, stolen, shall not alter the property, unless the same shall be in such fair, &c. openly ridden, led, walked, driven, or kept standing; for one hour, between 10 in the morning and sun-set, in the place wherein horses are used to be sold; and unless all the parties shall come together, and bring the horse, &c, to the open place appointed for the [tolltaker or] book-keeper, and there enter their names and dwelling places, with the colour, and one mark at least, of such horse, &c, in the [toll-takers book or] keepers book [where no toll is due]; [and also pay the toll, if they ought to pay any, and if not, then the buyer to give 1d. for each entry, &c.] [And by s. 5. if any horse, &c. that is stolen, be sold, given, exchanged, or put away in any fair, &c. not used according to this statute, the owner of such horse, &c. may seize said horse, &c. or have an action of detinue or replevin for the same. By s. 6, one half of said forfeitures shall be to the king, and the other to him that will sue for the same before the justices of peace, or in any court of record by action of debt, s. 4. s. 5. s. 6. Eng. s. 7. s. 8. debt, &c. And by s. 7. the justices of peace shall have authority in their sessions to inquire, &c. of all offences against this statute. By s. 8. where toll is not due, the keeper of the book shall take but Id. upon every con31 Eliz. c. 12. tract, for writing the entry.] And by the 31 Eliz. c. 12. Eng. no person shall in any fair or market, sell, give, exchange, or put away, any horse, mare, gelding, colt or filly, unless the [toll-taker, or where no toll is paid] the book-keeper, [bailiff] or chief officer of such fair, &c. will take upon him knowledge of the person that shall offer to sell, &c. such horse, &c. and of his christian name, surname, and place of dwelling, and shall enter the same in a book kept for the sale of horses; or else that he so offering to sell, &c. shall bring to the officer as aforesaid, one credible person that will testify that he knoweth the party that so selleth, &c.; and enter in the book as well the name, mystery, and place of dwelling, of him that selleth, &c. as of him that shall sa testify his knowledge of such person, and also enter the price that he shall have for the horse, &c.: [And no person shall avouch that he knoweth the party that shall so offer to sell, &c. such horse, &c. unless he do know such party, and shall truly declare to the toll-taker, &c. as well the name, &c. of himself, as of him for whom he maketh such avouchment]: And no [toll-taker or other] person keeping any book of entry of sales of horses shall [take any toll, or make entry of any sale, &c. unless he knoweth the party that selleth, &c. or the party that shall arouch, &e. and shall make entry in the books of such his knowledge, and the true price that shall be had for such horse, &c. and then give to the party buying, *3. in 4 Ann. &c. (requiring and paying *2d. for the same) a true note of the contents of the same, subscribed with his hand; on pain that every person that shall so sell, &c. any horse, &c. without being known to the toll-taker, &c. or without bringing such a voucher or witness, causing the same to be entered, and every person making any untrue avouchment, and every [toll-taker] book-keeper, or other officer offending in the premises, shall forfeit +£5; and every sale, &c. not according to the meaning aforesaid c. 11. Ir. + 20s. by 4 Aun, c, 11, Ir. shall Ir. shall be void; the one half of † which forfeitures shall be to the queen, &c. and the other to him that will sue for the same before the justices of peace, or in any court of record by action of debt, &c. And by s. 3. the justices of peace shall have authority in their sessions † to inquire, &c. of all offences against this statute. [*By s. 4. if any * This clause (s. 4.) is not horse, &c. shall be stolen, and after shall be sold in open adopted by the fair, &c. and such sale shall be in all points as aforesaid, 4 Ann. c. 11. yet the sale of such horse, &c. shall not take away the property of the owner, so as claim be made, within 6 months, by the party from whom the same was stolen, or by his executors or administrators, at or in the town or parish where the same horse, &c. shall be found, before the mayor or other head officer, if such horse, &c. be found in a town corporate or market town, or before any justice of peace of the county near to the place where such horse, &c. shall be found, if it be out of a town corporate, &c.; and so as proof be made, within 40 days then next ensuing, by 2 witnesses upon oath, before such head officer or justice, that the property in such horse, &c. was in the party by or from whom such claim is made, and was stolen from him within 6 months before such claim; but the party from whom said horse, &c. was stolen, his executors, &c. may notwithstanding such sale, have said horse, &c. upon payment, or offer to pay, to the party that shall have the possession and interest of said horse, &c. if he will receive it, so much money as the party shall swear before such head officer or justice that he paid for the same, bona fide.) The 4 Ann. c. 11. Ir. has followed the 2 & 3 Ph. & M. c. 7. and 31 Eliz. c. 12. with such deviations as are noted in the margin. ODL BIAN The 30 Geo. 2. c. 24. Eng. so far as the same related Redemption and sale of goods to the preventing the unlawful pawning of goods, and pawned. the By the Ann. c. 11. s. 2. & 3. Ir. the several penalties (which are cach 208) are to be recovered before the justices of assize, in the places where they shall sit, and where they do not sit, then before the justices of peace, at their sessions; and to be one half to the poor, or for some public work, as the said judges of assize, or justices of peace, shall think fit, and the other moiety to the person that will sue before said judges or justices, as aforesaid. **The words within the crotchets in the several parts of the 2 & 3 Ph. & M. c. 7. and 31 Eliz, c. 12. supra, are omitted in the 4 Ann. c. 11. Ir. |