into his hands, in said clerk's office, he shall be held guilty of a misdemeanor and punished accordingly.

Sec. 8. If a notary removes his residence from the county for which he was appointed, such removal shall be taken as a resignation.

Sec. 9. It is the duty of each clerk aforesaid to receive and safely keep all such records and papers of the notary in the case above named, and to give attested copies of them and the seal of his court; for which he may demand such fees as by law may be allowed to the notaries, and such copies shall have the same effect as if certified by the notary.

Sec. 10. That on or before the first day of May next, every notary public then in commission in the territory, shall have his commission recorded in the office of the recorder of deeds in his county.

Sec. 11. Any notary public failing to comply with the provisions of the foregoing section, shall be deemed removed from office from and after the said first day of May next.

Sec. 12. Every notary public whose commission bears date after the said first day of May, next, shall comply with the following conditions: First. Before entering upon the discharge of his official duties, he shall give bonds to the territory of Montana, in the penal sum of one thousand dollars, conditioned for the true and faithful execution of the powers and duties of his office, with two or more sureties, to be approved, on said bond, by the clerk of the county court of the proper county. Second. On the approval of said bond by said clerk, said notary shall have his commission recorded by the recorder of deeds of his county, and shall pay to the clerk of the county court the sum of three dollars.

Sec. 13. Said notary public shall then be deemed commissioned, and not before.

Sec. 14. The clerk of the county court shall thereupon transmit to the secretary of the territory a certificate that said notary public is duly qualified, and specifying the date of his qualification, which certificate shall bear the signature of said notary public, and said secretary is hereby required to file said certificate in his office, and to keep a book in which he shall enter the names of notaries hereafter qualified, in the order in which the same are transmitted to him, with the name of the county and the date of qualification of each.

Sec. 15. Any notary public exercising the duties of his office after the expiration of his commission, or when otherwise disqualified, or appending his official signature to documents, when the parties have not appeared before him, shall be guilty of a misdemeanor, and be subject to a fine of one hundred dollars for each offence, to be recovered before any court having competent juris

diction in his county, and shall also be removed from office by the governor.

Sec. 16. The governor of the territory is hereby authorized to appoint one or more notaries public in any unorganized county, who shall qualify as herein before provided, in the county to which said unorganized county is attached for judicial purposes.

Sec. 17. That in case of a demand of payment of any promissory note, bill of exchange, or other commercial paper, by a notary public, and a refusal by the maker, drawer, or acceptor, as the case may be, the notary making said demand may inform the indorser, or any party to be charged, if in the same town or township, by notice deposited in the nearest post office to the party to be charged, on the day of demand, and no other notice. shall be necessary to charge said party.

CHAPTER XLVIII.

OFFICES AND OFFICERS.

ARTICLE I.

TO PREVENT OFFICERS FROM DEALING IN CERTAIN SECURITIES.

Sec. 1. Certain officers prohibited from dealing in county or territorial scrip, &c.

Sec. 2. Prohibited from purchasing or dealing in certain evidences of indebtedness.

Sec. 3. Treasurers shall refuse to redeem warrants—when. Sec. 4. Transfer of individual certificates of indebtedness of officers, legal.

Sec. 5. Duty of officers to prosecute under the provisions of this

act.

Sec. 6. Penalty for violation of provisions of this act.
Sec. 7. Fines for benefit of school fund.

Section 1. The territorial treasurer and auditor, and the several district, county, city, or town corporation officers in the territory, are hereby expressly prohibited from purchasing or selling, directly or indirectly, or in any manner receiving to their use and benefit, or to the use and benefit of any person or persons whatever, any territory, county, or town, or city warrants, scrip, orders, demands, claim or claims, or other evidence of indebtedness against the territory, or county, or any city or town thereof. Sec 2. The territorial treasurer and auditor, and all county,

city, or town corporation officers, are prohibited from purchasing, or being interested in, or receiving, or selling, or transferring, or causing to be purchased, received, sold, or transferred, either in person or by or through the agency or means of any person or persons whatever, any interest, claim, demand, or other evidence. of indebtedness against the territory, or any county, city, or town corporation thereof, either directly or indirectly; nor shall any clerk or employe of any such officer or officers, nor the commissioners employed or to be employed to fund any county, city, or town corporation indebtedness, be allowed to make any purchase, sale, or transfer, or bargain in any manner for any territory, county, city, or town corporation indebtedness, be allowed to make any such purchase, sale, or transfer, or bargain in any way or manner for any territory, county, city, or town corporation warrants, scrip, demands, or other evidences of indebtedness, against the territory, or any county, city, or town corporation thereof.

Sec. 3. It shall be the duty of the territorial treasurer, and the several county, city, or town corporation treasurers of the territory, to refuse to redeem any warrants against the territory, or any county, city, or town corporation thereof, when it shall come to their knowledge that such warrants, scrip, or other evidences of indebtedness have been purchased, sold, received, or transferred in violation of the provisions of this act.

Sec. 4. All public officers, herein referred to, shall have the right to sell or transfer any evidences of public indebtedness which may be issued according to law, and held by such officers for services rendered by them to the territory, county, or town corporation, legally and justly due.

Sec. 5. It shall be the duty of any officer charged with the disbursement of any public moneys, or any evidences of public indebtedness, when he shall be informed by affidavit of the violation of any of the provisions of this act, by any officer, or any agent or employe of said officer, whose account is to be settled, audited, or paid by him, to withhold any settlement or payment of the same, and to cause said officer, or any agent or employe of said officer, to be prosecuted for a felony, and, on conviction of any officer, or any agent or employe of said officer, guilty of any violation of the provisions of this act, he shall be punished by a fine of not less than five hundred dollars, and shall be imprisoned in the territorial prison not less than two months. Such conviction shall operate as forfeiture of office, and the party convicted shall forever be disqualified from holding any office of trust or profit in this territory. Any person giving information which may lead to the conviction of any person, under the provisions of this act, shall be entitled to one-fourth of any fine assessed upon and collected from any such officer, or agent or employe of said officer.

The balance of said fine shall be paid into the county treasury of the several counties.

Sec. 6. Any officer, or agent or employe of any officer, who shall be guilty of any violation of any of the provisions of this act shall, on conviction, be punished by a fine of not less than five hundred dollars, and shall be imprisoned in the territorial prison not less than two months. Such conviction shall operate as a forfeiture of office; and it shall be, and is hereby made, the duty of all judges in this territory to give this act specially in charge to the grand jurors at each term of their respective courts, and also to ali trial juries impanelled for the trial of any of the officers hereinbefore mentioned in this act.

Sec. 7. That all fines collected under and required by the provisions of this act to be paid into the county treasuries, shall be so paid in for the benefit of the common school fund.

CHAPTER XLIX.

PARTNERSHIP.

Sec. 1. Limited partnerships-how formed.
Sec. 2. Of whom said partnership may consist.
Sec. 3. Certificate-what to contain.

Sec. 4. How certificate to be signed and acknowledged.

Sec. 5. New certificate upon renewal of partnership.

Sec. 6. Business conducted in name of general partners.
Sec. 7. Capital stock not to be withdrawn; liability of special

partners.

Sec. 8. Assignment for benefit of creditors—what to provide. Sec. 9. When assent of creditors presumed; publication of notice of assignment.

Sec. 10.

Sec. 11.

When suit to be brought by or against general partners. Record of notice of dissolution of partnership. Sec. 12. Limited partners liable generally, except as herein pro

vided.

Section 1. Limited partnership, for the transaction of mercantile, mechanical, mining, or manufacturing business, within this territory, may be formed by two or more persons, upon the terms and subject to the conditions and liabilities prescribed in this act; but nothing contained in this act shall authorize such partnership for the purpose of banking or insurance.

Sec. 2. The said partnership shall consist of two or more persons, who shall be called general partners, who shall jointly and

severally be responsible as general partners are by law, and two or more persons who shall contribute to the common stock a specific sum in actual cash payment as capital, who shall be called special partners, and who shall not personally be liable for any debt of the partnership, except in the cases hereinafter mentioned.

Sec. 3. The persons forming such partnership shall make, and severally sign, a certificate which shall contain the name of the firm under which such partnership is to be conducted, the name and respective places of residence of all the general and 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, and the time when the partnership is to commence, and when it is to terminate.

Sec. 4. No such partnership shall be deemed to have been formed until a certificate, made as aforesaid, shall be acknowledged by all the parties, before some officer authorized to take acknowledgements 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, in a book to be kept for that purpose, open to public inspection. If any false statement shall be made in any such certificate, all the persons interested in the partnership shall be liable as general partners for all the engagements thereof.

Sec. 5. Upon every renewal of a limited partnership beyond the time originally agreed upon for its duration, a certificate shall be made, as provided for in the original formation of partnership; if not renewed, it shall be deemed a general partnership.

Sec. 6. The business of the partnership shall be conducted under a firm, in which names of the general partners only shall be inserted. The name of any special partner shall be used in said firm with his consent, or if he shall personally make any contract respecting or concerning the partnership with any person except the general partner.

Sec. 7. During the continuance of any partnership under the provisions of this act no part of the capital stock thereof shall be withdrawn, nor any division of interests be made, so as to reduce such capital stock below the sum stated in the certificate before mentioned. If, at any time during the continuation or at the termination of the partnership, the property assets shall not be sufficient to pay the partnership debts, the special partners shall severally be held responsible for all sums by them in any way received, withdrawn, or divided, with interest thereon from the time when they were so withdrawn respectively.

Sec. 8. No general assignment by said partnership, in case of insolvency, or where their goods and estate are insufficient for the payment of all their debts, shall be valid, unless it provide for a distribution of the partnership property among all the creditors, in proportion to the amount of their several claims.