tion of such proceedings; and if it so provide, the property mortgaged may be left in possession of the mortgagor. All goods and chattels may be mortgaged.

CHAPTER XX.

INTEREST AND USURY.

The legal rate of interest is twelve per cent. per annum; but any rate that may be agreed on is legal. Judgments draw twelve per cent. from the date of their rendition.

CHAPTER XXI.

ASSIGNMENTS.

An insolvent debtor may make an assignment and is considered insolvent when unable to pay his debts as they become due.

An assignment is void against creditor not assenting in following

cases:

1. If it gives preference.

2. If it tends to coerce any creditor to release or compromise his demand.

3. If it provide for the payment of any claim known to be false, or the payment of more upon one claim than is known to be due. 4. If it reserve to the assignor any interest before all debts are paid.

5. If it confer upon assignee any power which, if exercised, might delay the execution of the trust.

6. If it exempt him from liability for neglect or misconduct.

The deed must be in writing, signed, sealed, acknowledged, and recorded in the office of the Probate Judge of the proper county, otherwise it is void against all parties not assenting thereto.

The assignor must make and file an inventory of the estate within twenty days after the assignment.

The assignee must, within thirty days after the assignment, enter into bonds to be fixed by the Probate Judge, conditioned for the faithful accounting of moneys and discharge of the trust.

After six months from date of assignment, the assignee may be required to account on petition of any creditor. And the Probate

Judge must, as soon as possible, settle the estate.

In all cases where the assignor complies with the provisions of the act, any creditor accepting from the assignee his dividend arising from the property of the assignor, to which he would be entitled under any assignment made under the act, shall release the assignor from all further liability on the claim or claims on which said payment may be made.

PART VIII.

MONTANA TERRITORY.

PREPARED EXPRESSLY FOR THIS WORK BY W. E. CULLEN, HELENA.

CHAPTER I.

COURTS, THEIR JURISDICTION AND TERMS.

The Courts of the Territory are a Supreme Court, District Courts, Probate Court, and Justice of the Peace.

The Supreme Court has appellate jurisdiction only.

The District Courts have original jurisdiction of all civil cases where the amount in controversy exceeds fifty dollars, and of all felonies; also appellate jurisdiction from the Probate and Justices' Courts.

The Probate Court, in addition to Probate matters, has jurisdiction in civil actions to the amount of five hundred dollars; except where the title or right to the possession of land is in question, and in chancery and divorce cases. The Probate Court also has jurisdiction of such criminal cases arising under the laws of the Territory as do not require the intervention of a Grand Jury.

Justices of the Peace have jurisdiction where the title of land is not in dispute, and where the debt or sum claimed does not exceed one hundred dollars.

The District Court, when sitting at Helena, Deer Lodge and Virginia City, has the same jurisdiction as the Circuit and District Courts of the United States, and the first six days of each term at said places are appropriated to the trial of causes arising under the Constitution and laws of the United States.

Terms of the Supreme Court are held at the Capital, Helena, on first Monday in January and second Monday in August.