CHAPTER XXX.

FRAUDULENT CONVEYANCES AND ASSIGNMENTS.

Vogelsang v.

R., 722; Barber v.

App., 750; 37 L.

C. App., 81; 23 D.

D. C. App., 224;

Sec. 1120. INTENT TO DEFRAUD CREDITORS.-Every Secs. 442, 1151; conveyance or assignment, in writing or otherwise, of any America, 34 L. estate or interest in lands or rents and profits issuing from wilds, 33 D. C. the same, or in goods or things in action, and every charge 34125 D. C. upon the same, and every bond or other evidence of debt App., 189; 32 D. C. App., 64; 37 L. given, or judgment or decree suffered, with the intent to R., 210; 32 D. C. hinder, delay, or defraud creditors or other persons having App., 566; 22 D. just claims or demands of their lawful suits, damages, or C. App., 389; 11 demands, shall be void as against the persons so hindered, 14 D. C. App., 463; delayed, or defrauded: Provided, That nothing herein 10 D.C. App., 316; shall be construed to affect or impair the title of a pur- 4 D. C. App., 213; chaser for a valuable consideration, unless it shall appear 10 D. C. App. 487; that such purchaser had previous notice of the fraudulent Act of 13 Eliz., intent of his immediate grantor, or of the fraud rendering 314; 38 L. R., 602. void the title of such grantor: Provided further, That the question of fraudulent intent shall be deemed a question of fact and not of law.

6 D. C. App., 437;

2 D. C. App., 81;

ch. 5; 38 L. R.,

Sec. 1121. INTENT TO DEFRAUD PURCHASERS.-Every Ib. conveyance of any estate or interest in land or the rents and profits thereof, and every charge upon the same, made or created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands, rents, or profits, shall, as against such purchasers, be void; but no such conveyance or charge shall be deemed fraudu-Act of 13 Eliz., lent in favor of a subsequent purchaser who shall have actual or legal notice thereof at the time of his purchase, unless it appear that the grantee in such conveyance, or the person to be benefited by such charge, was privy to the fraud intended.

Sec. 1122. EXECUTORS, AND SO FORTH, MAY SUE TO VACATE FRAUDULENT DEED.-Any executor, administrator, receiver, assignee, or other trustee of an estate, or of the property and effects of an insolvent estate, corporation, association, partnership, or individual, may, for the bene fit of creditors and 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; and every person who in fraud of the rights of creditors and others shall 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

ch. 4.

To prevent fraudulent sale

of

in the D. C.

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.

That it shall be the duty of every person who shall bargain merchandise for or purchase any stock of goods, wares, or merchandise in bulk, for cash or credit, within the District of Columbia, to demand and receive from the vendor thereof, and if the vendor be a corporation then from a managing officer or agent thereof, at least five days before the consummation of such bargain or purchase and at least five days before paying or delivering to the vendor any part of the purchase price or consideration therefor, or any promissory note or other evidence of indebtedness therefor, a written statement, under oath, containing the names and addresses of all of the creditors of said vendor, together with the amount of indebtedness due or owing, or to become due or owing, by said vendor to each of such creditors, and if there be no such creditors, a written statement, under oath, to that effect; and it shall be the duty of such vendor to furnish such statement at least five days before any sale or transfer by him of any stock of goods, wares, or merchandise in bulk.

Sec. 2. That after having received from the vendor the written statement, under oath, mentioned in section one, the vendor shall, at least five days before the consummation of such bargain or purchase, and at least five days before paying or delivering to the vendor any part of the purchase price or consideration therefor, or any promissory note or other evidence of indebtedness for the same, in good faith notify or cause to be notified, personally or by wire or by registered letter, each of the creditors of the vendor named in said statement of the proposed purchase by him of such stock of goods, wares, or merchandise; and whenever any person shall purchase any stock of goods, wares, or merchandise in bulk, or shall pay the purchase price or any part thereof, or execute or deliver to the vendor thereof or to his order, or to any person for his use, any promissory note or other evidence of indebetedness for said stock, or any part thereof, without having first demanded and received from his vendor the statement, under oath, as provided in section one, and without also having notified or caused to be notified all of the creditors of the vendor named in such statement, as in this section prescribed, such purchase, sale, or transfer shall, as to any and all creditors of the vendor, be conclusively presumed fraudulent and void.

Sec 3. That any sale or transfer of a stock of goods, wares, or merchandise out of the usual or ordinary course of the business or trade of the vendor, or whenever thereby substantially the entire business or trade theretofore conducted by the vendor shall be sold or conveyed, or attempted to be sold or conveyed, to one or more persons, shall be deemed a sale or transfer in bulk, in contemplation of this Act.

Sec. 4. That nothing contained in this Act shall apply to sales made by executors, administrators, receivers, or any public officer conducting a sale in his official capacity.

Sec. 5 That except as expressly provided in this Act, nothing therein contained, nor any Act thereunder shall change or affect the present rules of evidence or the present presumptions of law.

Sec. 6. That all Acts and parts of Acts inconsistent herewith be, and the same is hereby, repealed.-Act approved April 28, 1904 (33 Stat., Part I, p. 555).

Beall v. Bibb,19

D. C. App., 311;

29 Stat., 193.

CHAPTER XXXI.

GUARDIAN AND WARD.

Sec. 1123. NATURAL GUARDIANS.-The father and Wells v. Weils, 11 mother shall be the natural guardians of the person of D. C. App., 392; their minor children. If either dies or is incapable of acting, the natural guardianship of the person shall devolve upon the other: Provided, however, That in case of the death of either parent from whom said children shall inherit or take by devise or bequest, such parent may by deed or last will and testament appoint a guardian of the property of the children, subject to the approval of the proper court of the District of Columbia: And provided further, That nothing herein contained shall be held to limit or affect the power of a court of equity to appoint some other person guardian of such children when it shall be made to appear to said court that the welfare of said children requires it.

Ib.

Sec. 1127.

Md. act 1798,ch. 101, sec. 1; comp. stat., 252.

Sec. 1124. TESTAMENTARY GUARDIANS.-Every father or mother, whether of full age or not, when the other parent does not survive, may, by last will and testament, appoint a guardian of the person to have the care, custody, and tuition of his or her infant child, not being a married female; and if the person so appointed shall refuse the trust, said court may appoint another person in his place.

Sec. 1125. APPOINTMENT BY COURT.-If any infant shall have neither natural nor testamentary guardian, a guardian of the person may be appointed by the probate court in its own discretion or on the application of any next friend of such infant.

Sec. 1126. WHEN GUARDIANSHIP CEASES.-The natural guardianship or the appointive guardianship of the person aforesaid shall cease, in the case of a male infant when he is twenty-one years of age, and in the case of a female infant when she is eighteen years of age or marries.

Sec. 1127. WHEN GUARDIAN OF ESTATE IS APPOINTED BY COURT.-Subject to the provisions of the preceding sections of this chapter, whenever land shall descend or be devised to any infant under twenty-one years of age, or such infant shall be entitled to a distributive share of the personal estate of an intestate, or to a legacy or bequest under a last will, or shall acquire any real or personal property by gift or purchase, the said court may appoint a guardian of said infant's estate; and if there shall be a guardian of the person of such infant the guardian of the estate so appointed may be the same or a

different person. The said appointment may be made at any time after the probate of the will or the grant of administration where the infant is entitled as devisee, legatee, or next of kin.

Sec. 1128. PREFERENCES.-Whenever it shall be necessary for the court to appoint a guardian of the infant's estate, as aforesaid, the father, if living, or, if he be dead, then the mother, if living, or, it the infant be a married female her husband, shall have the preference over other persons, unless the infant be over fourteen years of age, as hereinafter directed: Provided, That in the judgment of the court the parent or husband so entitled shall be a suitable person to have the management of the infant's estate.

Sec. 1129. HUSBAND OR PARENT ENJOINED. On the application of any friend of an infant entitled to real or personal estate, or in the exercise of its own discretion, the court may enjoin any parent or husband or testamentary guardian of such infant from interfering with said. infant's estate without being appointed and giving bond as guardian of such estate.

Sec. 1130. CONSENT OF INFANT.-When it shall be, Sec. 155; R. S. D. C., 946. necessary to appoint a guardian, either of the person or the estate, of an infant, the infant shall, if practicable, be brought before the court, and, if over the age of fourteen years, shall be entitled to select and nominate his or her guardian; and if a guardian shall have been appointed before the infant has attained the age of fourteen years, the said infant, upon arriving at said age, may select a new guardian, notwithstanding the appointment before made: Provided, however, That the court shall, in all cases, approve the character and competency of the guardian selected by the infant, and such guardian shall be under the same obligations and discharge the same duties as if selected by the court; and whenever, after a guardian of the estate has been previously appointed, the infant shall select a new guardian upon arriving at the age of fourteen years, and said new selection is approved by the court, and the person so selected is duly appointed and qualified, the guardian previously appointed shall settle his final account and turn over his ward's estate to the newly appointed guardian.

Sec. 1131. BOND OF GUARDIAN.-Every guardian appointed by the court, except corporations authorized to act as guardians, before entering upon or taking possession of or interfering with the estate of the infant, shall execute a bond to the United States in such penalty and with such surety or sureties as the court shall approve, to be recorded and to be liable to be put in suit for the use of any person interested, with the following condition:

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The condition of the above obligation is such that if the above bounden ......, as guardian to --, shall faithfully account to the court, as required by law, for the management of the property and estate of the infant under

R.S. D. C., 938.