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CHAPTER XVI.

AFFIDAVITS, BEFORE WHOM TO BE TAKEN.

An affidavit to be used before any Court, Judge, or officer of this State may be taken before any Judge or Clerk of any Court, or any Justice of the Peace, or Notary Public in this State.

An affidavit taken in another State, or in a Territory of the United States, to be used in this State, shall be taken before a Commissioner appointed by the Governor of this State to take affidavits and depositions in such other State or Territory, or before any Judge of a Court of record having a seal.

An affidavit taken in a foreign country, to be used in this State, shall be taken before an Embassador, Minister, or Consul of the United States, or before any Judge of a Court of record having a seal, in such foreign country.

When an affidavit is taken before a Judge of a Court in another State, or in a Territory of the United States, or in a foreign country, the genuineness of the signature of the Judge, the existence of Court, and the fact that such Judge is a member thereof, shall be certified by the Clerk of the Court, under the seal thereof.

CHAPTER XVII.

LIMITED PARTNERSHIPS

May be formed for the transaction of mercantile, mechanical, mining, or manufacturing business by two or more persons, as provided for by special statute. But nothing contained in the act shall authorize such partnerships for the purpose of banking or in

surance.

In partnerships of this character there shall be one or more members of the firm to be known as general partners, and they are individually liable for the debts of the firm. The special partners are

liable for the firm debts to the extent of their interest in the firm property or assets; also to the extent of any sums of money by them received, withdrawn, or divided, with interest thereon from the time they were so withdrawn from the firm.

The business of the partnership shall be conducted under a firm name, in which the names of the general partners only shall be inserted, and the general partners only shall transact the business. If the name of any special partner shall be used in said firm with his consent or privity, or if he shall personally make any contract respecting the concerns of the partnership with any person except the general partners, he shall be deemed and treated as a general partner.

CHAPTER XVIII.

MARRIED WOMEN

May become sole traders upon petition, and by order of District Court.

When they are sole traders, they become liable for debts incurred in the conduct of the business authorized to be carried on by them as such. And their separate property, if they have any, is liable for such debts.

CHAPTER XIX.

CORPORATIONS

May be formed for all purposes under general statute.

Stockholders are not individually liable for any debt of the

corporation.

CHAPTER XX.

CHATTEL MORTGAGES.

No chattel mortgage upon any personal property shall be valid for any purpose, except possession of the property mortgaged be given to and continuously retained by the mortgagee, except that growing crops may be mortgaged by the execution, acknowledgment and record of a mortgage, with delivery of possession.

CHAPTER XXI.

INTEREST AND USURY.

Where there is no express contract in writing, fixing a different rate of interest, interest shall be allowed at the rate of ten per cent. per annum for all moneys after they become due upon any bond, bill, or promissory note, or other instrument in writing; on any judgment recovered before any Court in this State, for money lent; money due on settlement of accounts from the day on which the balance is ascertained; and for money received for the use of another.

Parties may agree in writing for the payment of any rate of interest whatever upon money due, or to become due on any contract. Judgments rendered upon contracts shall conform thereto, and bear the interest agreed upon by the parties, which shall be specified in the judgment; provided, only the amount of the original claim or demand shall draw interest after judgment,

CHAPTER XXII.

PROMISSORY NOTES AND BILLS OF EXCHANGE.

All notes in writing made and signed by any person, whereby he shall promise to pay to any other person, or to his order, or to the order of any other person, or to the bearer, any sum of money therein mentioned, shall be due and payable as therein expressed, and shall have the same effect, and be negotiable in like manner, as inland bills of exchange, according to the custom of merchants.

Days of grace are allowed upon bills and promissory notes, where not otherwise expressed.

Damages for non-acceptance of bills of exchange upon the usual protest are as follows, when drawn or negotiated in this State :

If such bills shall have been drawn upon any person or persons in any of the United States east of the Rocky Mountains, fifteen dollars upon the hundred upon the principal sum specified in such bill.

If such bill shall have been drawn upon any person or persons in any part or place in Europe, or in any foreign country, twenty dollars upon the hundred upon the principal sum specified in such bill.

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