CHAPTER XVII.

LIMITED PARTNERSHIPS.

Limited partnerships for the transaction of mercantile, mechanical, mining or manufacturing business may be formed, but not for the purpose of banking or insurance.

No such partnership shall be deemed to have been formed until a certificate which shall contain the name or firm under which said partnership is to be conducted, the names and respective places of residence of all the general and special partners, distinguishing who are general, and who are special partners, the amount of capital which each special partner has contributed to the capital stock, the general nature of the business to be transacted, the time when the partnership is to commence and terminate-shall be made and severally signed and acknowledged by all the partners, before an officer authorized to take acknowledgment of deeds, and recorded in the office of the Recorder of the county in which the principal place of business of the partnership is located. If there shall be a place of business in different counties, said certificate shall be recorded in each of such counties. A copy of such certificate shall be published three successive weeks in the county where the principal place of business is located.

Any false statement in the certificate makes all the partners liable as general partners.

The special partners shall not be personally liable for any debts of the partnership, except their names be used in said firm with their consent or privity, or shall personally make any contract respecting the concerns of the partnership with any person except the general partner,

!

CHAPTER XVIII.

MARRIED WOMEN.

All property, both real and personal, of the wife before marriage, and that acquired afterward, by gift, bequest, devise or descent, is her separate property, and all the husband's is his separate property. All other property acquired after marriage is common property.

The wife is required to make, sign, acknowledge, and have recorded a complete inventory of her separate property, in the office of the Recorder of the county where the property is situated. The husband has the management and control of the wife's separate property during marriage, but cannot alienate or create a lien or incumbrance on the same, except by instrument signed and acknowledged by both husband and wife.

The District Court may, on application of the wife, appoint a trustee to take charge of and manage her separate property, if the husband mismanages it or commits waste.

The husband has entire control of common property and his own separate property, and the rents and profits of all the separate property of both husband and wife are deemed common property, unless expressly provided in the instrument or devise to the contrary. Upon dissolution of the community by death, half of the common property goes to the survivor and half to the descendants, if there are any; if not, all to the survivor. Upon dissolution by decree of Court, the common property must be equally divided, unless the decree is granted on the ground of adultery or extreme cruelty, when the division of the same is left to the discretion of the Court granting the decree.

The separate property of the husband is not liable for the debts of the wife contracted before marriage, but the separate property of the wife is liable for all such debts,

CHAPTER XIX.

CORPORATIONS.

There is a general law for the formation of corporations, by which three or more persons may form a corporation by filing a certificate, in writing, with the Clerk of the District Court of the district in which the principal place of business of the corporation is intended to be located, and a certified copy of the same, under the hand of the Clerk and the seal of the Court, in the office of the Secretary of the Territory. Said certificate must state the corporate name of the company, the object for which it is formed, amount of capital stock, term of existence, (not to exceed fifty years) number of shares, number of trustees and their names who shall manage the concerns of the corporation for the first three months, and principal place of business.

The total amount of the debts of the corporation shall not, at any time, exceed the amount of the capital stock actually paid in; and in case of any excess, the trustees under whose administration the same may have happened, except those who have caused their dissent therefrom to be entered at large on the minutes of the Board of Trustees at the time, and except those not present at the time when the same did happen, shall, in their individual and private capacities, be liable jointly and severally to the said corporation, and in the event of its dissolution, to any of the creditors thereof, for the full amount of such excess.

Each stockholder shall be individually and personally liable for his proportion of all the debts and liabilities of the corporation, contracted or incurred during the time that he was a stockholder, for the recovery of which joint or several actions may be instituted; and when a judgment in such action shall be recovered against joint stockholders, the Court on the trial thereof shall apportion the amount of the liability of each, and in the execution thereof no stockholder shall be liable beyond his proportion so ascertained.

CHAPTER XX.

CHATTEL MORTGAGES

May be given upon all kinds of personal property. To be valid against subsequent incumbrancers, or purchasers in good faith, for a valuable consideration, the mortgage must show the residence, and the profession, trade or occupation of both the mortgagor and mortgagee, and each of the parties must make affidavit thereto, that the mortgage is made in good faith, and without any design to hinder, delay or defraud creditors. When so made and recorded in the office of the Recorder of Deeds, such mortgage is good against all

persons.

CHAPTER XXI.

INTEREST AND USURY.

Ten per cent. per annum is the legal rate of interest. Parties may agree in writing for any rate of interest not exceeding one and a half per cent. per month, but any judgment rendered upon such contract bears only ten per cent. per annum. The penalty for a greater rate than above specified is three times the amount so paid, and the person receiving a greater rate than one and a half per cent. per month is liable to a fine of three hundred dollars, or six months' imprisonment, or both. Interest does not commence to run on open accounts until a balance is struck and agreed to, or a settlement is had.

CHAPTER XXII.

AFFIDAVITS.

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

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

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