388 COMMISSIONERS OF DEEDS- -COMMON LAW. of his own court, shall execute and file a bond, with two or more sufficient sureties, in the penal sum of one thousand dollars, payable to the territory of Montana, conditioned for the faithful performance of his duty, which bond shall be approved by the county commissioners of the respective counties, and filed in the office of the county clerk, prior to his entering upon the discharge of his duties as such probate clerk. Sec. 4. The clerks of said probate court shall be entitled to such fees as are allowed to probate judges for services, as may be rendered in the capacity of clerk of said probate court. CHAPTER XII. COMMISSIONERS OF DEEDS. Sec. 1. Governor may appoint commissioners. Sec. 2. Commissioners to take oath; filed in office of secretary. Section 1. That the governor of this territory may appoint and commission in any state or territory of the United States one or more commissioners of deeds, to continue in office during the pleasure of the governor, who shall have power to administer oaths and take depositions, and the proof and acknowledgment of deeds, and other instruments, to be used or recorded in this territory. Sec. 2. Before any such commissioner shall proceed to discharge any of the duties of his said appointment, he shall take and subscribe an oath before some officer authorized to administer oaths in the state or territory for which he is appointed, that he will faithfully discharge the duties of his said appointment, which oath, together with an impression in wax of his seal of office, shall be filed in the office of the secretary of this territory. CHAPTER XIII. COMMON LAW. (See post chapter 38.) Sec. 1. Common law adopted in this territory. Section 1. That the common law of England, so far as the same is applicable and of a general nature, and not in conflict with special enactments of this territory, shall be the law and the rule of decision, and shall be considered as of full force until repealed by legislative authority. CHAPTER XIV. CONSTRUCTION OF STATUTES. Sec. 1. All words to be construed according to approved and common usuage, except technical. Sec. 2. Repealing act, if repealed, not to revive former laws. Sec. 4. Time not prescribed, to take effect after passage. Section 1. In the construction of all statutes the following rules shall be observed, unless such construction shall be manifestly inconsistent with the intent of the legislature, or repugnant. to the context of the same statute, that is to say: First. All words and phrases shall be understood and construed according to the approved and common usage of the language; but technical words and phrases, and such as may have acquired a peculiar and appropriate meaning, shall be construed and understood according to such peculiar and appropriate meaning. Second. Every word imparting the singular number only, may extend and be applied to one person or thing, or to several persons or things, and every word imparting the masculine gender only, may extend and be applied to females as well as males; and when it says executor, it may mean executrix, and when it says administrator, it may mean administratrix. Third. The words "insane person" shall be construed to include every idiot, non compos, lunatic, or distracted person. Fourth. The word "issue," as applied to descent of estate, shall be construed to include all the lawful lineal descendants of the ancestor. Fifth. The words "land or lands" and the words "real estate" shall be construed to include lands, tenements, and hereditaments, and all rights thereto, and all interests therein. Sixth. The word "month" shall be construed to mean a calendar month, and the word "year" a calendar year, unless otherwise expressed. Seventh. The word "oath" shall be construed to include affirmation, and the word "sworn" to include affirmed. Eighth. The word "person" may extend and be applied to bodies politic and corporate. Ninth. The words "town or towns" may be construed to include city or cities. Tenth. The word "will" shall be construed to mean codicil as well as will. Eleventh. The words. "written or writing" may be construed to include printing or engraving: Provided, That in all cases where the writen signature of any person is required by law, it shall always mean the proper handwriting of such person, or, in case he is unable to write, his proper mark. Twelfth. The word "state," when applied to different parts of the United States, may be construed to include the District of Columbia and the territories. Thirteenth. The term "court" shall, in all necessary cases, be deemed to refer as well to probate judges and justices of the peace as to courts of record. Sec. 2. No act or part of an act repealed by another act shall be deemed to be revived by the repeal of the repealing act. Sec. 3. All general provisions, terms, phrases, and expressions, used in any statute, shall be liberally construed, in order that the true intent and meaning of the legislative assembly may be fully carried out. Sec. 4. Every act which does not fully prescribe the time when it shall go into operation shall take effect from and after its passage. Sec. 5. Whenever the term "heretofore" occurs in any statute, it shall be construed to mean any time previous to the day such statute shall take effect; and whenever the word "hereafter" occurs it shall be construed to mean the time after the statute containing the term shall take effect. Sec. 6. When any subject, matter, party, or person, is described or referred to, by words imparting the singular number, or the masculine gender, several matters, and persons, and females as well as males, and bodies corporate as well as individuals, shall be deemed to be included. Sec. 7. The rules prescribed in the last two sections shall apply in all cases, unless it be otherwise especially provided, or unless there be something in the subject or context repugnant to such construction. Sec. 8. No action, plea, prosecution, civil or criminal, pending at the time any statutory provision shall be repealed, shall be affected by such repeal, but the same shall proceed in all respects as if such statutory provisions had not been repealed, except that all such proceedings had after the taking effect of any statute passed at this session shall be conducted according to the provisions of such statute, and shall be in all respects subject to the provisions thereof, so far as they are applicable. Sec. 9. In publishing the acts of the legislative assembly, the enacting clause, the signature of the speaker of the house of representatives, the president of the council, and the governor, shall be omitted, but the date of their approval shall be retained. CHAPTER XV. CONTRACTS. (See post chapter 16.) Sec. 1. Market value of gold dust to be measure of damages in certain actions. Section 1. That in actions on express contracts for the payment of a certain amount in gold dust, or gold or silver bullion, or for the delivery of a certain amount of gold dust, or gold or silver bullion, the measure of damages shall be the market value of the amount of gold dust, or gold or silver bullion, in United States treasury notes, at the time it should have been delivered or paid, with interest until the time of recovering judgment, at the rate stipulated in the contract. CHAPTER XVI. CONVEYANCES AND CONTRACTS. (See ante chapter 15 and post 17.) Sec. 1. Every conveyance made with intent to defraud, void. Sec. 3. Every conveyance containing provision for revocation to be Sec. 7. Preceding section not to affect will of testator. Sec. 8. Every contract for sale or lease of lands or interest therein void, unless in writing. Sec. 9. Instrument may be subscribed by agent. Sec. 10. Nothing in this act to abridge power of court. Sec. 11. All deeds and assignments in trust for benefit of party making same void. Sec. 12. What agreements void, unless in writing. Sec. 13. Contract for over two hundred dollars—when void, unless in writing. Sec. 14. What deemed memorandum of sale at auction. Sec. 17. Every instrument may be subscribed by agent. Sec. 19. Void against creditors, also against heirs, &c. Sec. 21. Not to affect innocent purchasers without notice. Section 1. Every conveyance of any estate or interest in lands, or the rents and profits of lands, and any charge upon lands, or upon the rents or profits thereof, made or executed with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands, rents, or profits, as against such purchasers, shall be void. Sec. 2. No such conveyance or charge shall be deemed fraudulent in favor of a subsequent purchaser who shall have legal notice thereof at the time of such purchase, unless it shall appear that the grantee in such conveyance, or person to be benefited by such charge, was privy to the fraud. Sec. 3. Every conveyance or charge of or upon any estate or interest in lands containing any provision for revocation, determination, or alteration of such estate or interest, or any part thereof, at the will of the grantor, shall be void as against subsequent purchasers from said grantor for a valuable consideration, of any estate or interest so liable to be revoked, determined, or altered, although the same be not directly revoked, determined, or altered by such grantor by virtue of the power reserved or expressed in such prior conveyance or charge. Sec. 4. When a power to revoke a conveyance of lands, or rents and profits thereof, and to reconvey the same, shall be given to any person other than the grantor in such conveyance, and such person shall thereafter convey the same lands, rents, and profits, to a purchaser for a valuable consideration, such subsequent conveyance shall be valid in the same manner and to the same extent as if the power of vacation were recited therein, and the intent to revoke the former conveyance expressly declared. Sec. 5. If a conveyance to a purchaser under either of the two last preceding sections shall be made before the person making the same shall be entitled to execute his power of vacation, it shall nevertheless be valid from the time the power of vacation shall |