CHAPTER XV.

JUDICIAL RECORDS, HOW PROVEN.

A judicial record of this Territory, or of the United States, or of any State or Territory of the United States, may be admitted in the Courts of this Territory by the attestation of the Clerk, with the seal of the Court annexed, together with the certificate of the Judge, chief Justice, or presiding Magistrate, as the case may be, that said attestation is in due form.

A judicial record of a foreign country may be proved by the production of a copy thereof, certified by the Clerk, with the seal of the Court annexed, if there be a Clerk and seal, to be a true copy of such record, together with a certificate of the Judge of the Court, that the person making the certificate is the Clerk of the Court, or the legal keeper of the records; and in either case, that the signature is genuine, and the certificate in due form; together with the certificate of the Minister or Embassador of the United States, or of a Consul of the United States, in such foreign country, that there is such a Court, specifying generally its jurisdiction, and verifying the signature of the Judge and Clerk, or other legal keeper of the record.

A copy of the judicial record of a foreign country shall also be admissible in evidence, upon proof, first, that the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of it; and that such original was in the custody of the Clerk of the Court, or other legal keeper of the same; and that the copy is duly attested by the seal which is proved to be the seal of the Court where the record remains, if it be the record of a Court; or if there be no such seal, or if it be not a record of a Court, by the signature of the legal keeper of the original.

CHAPTER XVI.

ACKNOWLEDGMENTS.

Deeds, mortgages, powers of attorney, or other instruments affecting the title to real estate, must be acknowledged or proved and witnessed by one or more witnesses before they can legally be placed upon record.

The following is the form of the acknowledgment certificate: STATE OR TERRITORY OF

On this day of before me who is personally known to me to be the person described in and who executed the foregoing instrument, who acknowledged to me that he executed the same freely and voluntarily, and for the uses and purposes therein mentioned. In witness whereof, I have hereunto set my hand and official seal, on the day and year last above written.

A. D. 187, personally appeared a Notary Public in and for said county,

[SEAL.]

Notary Public.

The following officers are authorized to take acknowledgments, and certify to them:

If acknowledged or proven within this Territory, by some Judge or Clerk of a Court having a seal, or some Notary Public, or County Recorder, or by a Justice of the Peace of the county where the conveyance is executed, and to be recorded.

If acknowledged or proved out of the Territory, and within any State or Territory in the United States, by some Judge or Clerk of any Court of the United States, or of any State or Territory having a seal, or by a Notary Public, or by a Commissioner appointed by the Governor of this Territory for that purpose.

If acknowledged or proved without the United States, by some Judge or Clerk of any Court of any State, Kingdom, or Empire hav

ing a seal, any Notary Public therein, or any Minister, Commissioner, or Consul of the United States appointed to reside therein. officers may take and certify such proofs or acknowledgments by their respective deputies, in the names of their principals.

Such

When granted by a Judge or Clerk, the certificate shall be under the seal of his Court.

When granted by an officer who has an official seal, it shall be under such seal.

By a Justice of the Peace, under his hand.

CHAPTER XVII.

PARTNERSHIPS.

The statute provides how partners may be summoned, and how judgments against partners may be rendered, but is thus brief and pointed.

When two or more persons, associated in any business, transact such business in a common name, whether it comprises the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates, but the judgment in such cases shall bind only the joint property of the associates. The private property of persons engaged in copartnership shall be held liable for the debts of the firm, only when the partnership property shall prove insufficient to pay them. The assignment of a partner in trade to satisfy a creditor of the firm shall be deemed valid in law, but is not to be construed to authorize the assignment of partnership effects to satisfy individual claims of any of the parties.

CHAPTER XVIII.

MARRIED WOMEN.

All property owned by either spouse before marriage, and that acquired after marriage by gift, bequest, devise, or descent, is the separate property of that spouse by whom the same is owned or acquired; and as such, may be held, owned and controlled, and transferred and disposed of by the spouse so owning or acquiring it, without any limitation or restriction by reason of marriage. Either spouse may sue and be sued in law. shall be allowed.

No right of dower

CHAPTER XIX.

CORPORATIONS.

Any number of persons, not less than six, one-third of whom being residents of the Territory, may incorporate for purposes of manufacturing, mining, or conducting any commercial or other industrial pursuits, or for constructing roads, ditches, colonization and improvements for lands, colleges, seminaries, churches, libraries, or any benevolent, charitable, christian or scientific associations, or for any rightful subject consistent with the Constitution of the United States, and the laws of the Territory.

Stock may be subscribed and paid up in property. No individual liability upon stockholders. The Probate Judge is the officiating officer in effecting an incorporation.

Foreign corporations must file copies of their articles of incorporation with the Probate Judge of the county, when their principal place of business is located in this Territory, and must designate an agent on whom process may be served.

CHAPTER XX.

CHATTEL MORTGAGES.

We have no statute defining what property is the subject of chattel mortgage, but an action for the recovery of debts secured by a mortgage on either real or personal property, or both, is provided for by statute, giving power to the Courts to render judgment and make decree of foreclosure and order of sale of the mortgaged property, in satisfaction of the debt, and providing for an ordinary judgment lien and execution for unpaid balance, after sale of the mortgaged property.

Chattel mortgages are void as to creditors or innocent purchasers, where the possession of the mortgaged property remains in the mortgagor, though good as between mortgagee and mortgagor.