certify the amount of said claim to the auditor, who shall issue his warrant on the treasury for the same. SEC. 9. This act to take effect from and after its passage and approval by the governor. [Approved February 8, 1865.] AN ACT defining the duties of Territorial Auditor and Treasurer of the Territory of Montana, Be it enacted by the Legislative Assembly of the Territory Repealed 67, 59524 of Montana: auté 329 11408 fast 492 SEC. 1. That the auditor of the Territory shall issue warrants drawn upon the Territorial treasury in favor of all persons to whom the legislative assembly may direct in such fractional parts of the amount as said persons may demand; Provided, It shall not be in a less sum than five dollars, unless the amount due be less than five dollars. SEC. 2. That the auditor shall keep a record of all accounts presented to him, and for which warrants shall have been issued. SEC. 3. That he shall furnish the collectors of each county or district with blank licenses and receipts of money collected or to be collected, subscribed by himself, taking said collectors receipt for the same. SEC. 4. He shall prepare and report to the legislative assembly at the commencement of each regular session a full and detailed account of the condition of the revenue, and expenditures of the preceding year, with estimates for the amount of revenue and expenditures for the succeeding year, together with such plans as a careful examination may suggest for the support of the public credit, for promoting frugality and economy in the expenditures, and generally for the more perfect understanding of the fiscal affairs of the Territory; show the amount of the appropriations made by law, and the amount paid under the ame; show the amount of revenue chargable to each county, and the aggregate of each object of taxation. Sec. 5. He shall direct prosecution in the name of the Terri tor for all delinquencies in relation to the assessment, collection and payment of the revenue, against all persons who become possessed of public money or property and fail to pay over the same, and against all debtors of the Territory. Stc. 6. He shall keep his office at the seat of government, in connection with the library of the Territory, which office shall be furnished, at the expense of the Territory, with all needful maps, books, blanks, stationery, cases for books, fuel, &c. DUTIES OF TREASURER SEC. 7. The treasurer shall receive from the collector all money belonging to the Territory, and disburse the same upon the auditor's warrant provided by law, and not otherwise; keep a just and true account of all money received, and the disbursement thereof; he shall render his account to the auditor for settlement quarterly, or oftener if required; he shall report to the legislative assembly at the commencement of each regular session, the condition of the treasury, and its operations for the preceding year. MISCELLANEOUS PROVISIONS. SEC. 8. The auditor and treasurer shall have free access to each other's offices for the inspection of all books, papers and accounts thereof; and to all other ones of the Territory for the inspection of such books and record as concern any of their duties. SEC. 9. hey shall be authorized to administer oaths or affirmations, and compel the attendance of winesses as in courts of record, in matters touching the duties of their offices. SEC. 10. The auditor and treasurer sha receive a salary of seven hundred dollars each, which shall be paid quarterly out of the Territorial treasury. Sc. 11. The auditor shall receive, in addition to his salary, five per cent. on all the warrants issued by him. SEC. 12. This act shall take effect and be in force from and after its passage and approval by the governor. [Approved February 8, 1865.] 25 Mont 69 32 11511-3-4 454 PUBLIC LAWS OF THE AN ACT concerning Joint Rights and Obligations. Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. 1. If any partition be not made between joint tenants, the property of those who die first shall not accrue to the survivor or survivors, but descend or pass by devise, and shall be subject to debts, dower, charges, &c., or transmissible to execution or administration, and be considered to every intent and purpose in the same view as if such deceased joint tenants had been tenants in common. SEC. 2. If any person shall assume and exercise exclusive ownership over, or take away, destroy, lessen in value, or otherwise injure or abuse any property held in joint tenancy, tenancy in common, or copartenary, the party aggrieved shall have his action of trespass or trover for the injury in the same manner as he would have if such joint tenancy, tenancy in common, or copartenary did not exist. SEC. 3. All joint obligations and covenants shall hereafter be taken and held to be joint and several obligations and covenants. SEC. 4. This act to take effect, and be in force, from and after its passage. [Approved February 8, 1865.] AN ACT to provide increased compensation to officers in this Territory. ante 391 Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. 1. That the said compensation law shall be so construed as to pay the officers now in the Territory from the date of their appointment. [Approved February 8, 1865.] This Act follows Idaho Jan 4, 1864. AN ACT to provide for the Formation of Partnership. Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. 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 may 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 acknowledgments 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; it 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. SEC. 9. In all cases of such assignment, as provided in the preceding section, the assent of the creditors shall be presented, unless within sixty days after notice thereof any shall dissent; and no such assignment shall be valid unless notice thereof shall be given in some newspaper printed in the county where the place of business of the party making it is situated, or if no newspaper be printed in such county, then in some newspaper in the Territory nearest thereto, within twenty days after making such assignment. SEC. 10. All suits respecting the business of such partnership shall be prosecuted by and against the general partnership except in those cases in which provisions are made in this act that the special partners shall be deemed general partners, and that special partnership shall be deemed general partnership, in which cases all the partners deemed general partners may join or be joined in such suit, and excepting also those cases where special partners shall be |