Sec. 11. Penalty in case of failure to comply with requirements of this act. Sec. 12. Notaries to give bond and have commissions recorded. Sec. 13. When to be deemed commissioned. Sec. 14. County clerk to certify qualification to secretary of territory. Sec. 15. Penalty for illegally attesting document. Sec. 16. Governor may appoint notaries in unorganized counties. Sec. 17. Notice of demand-what deemed sufficient. Section 1. The governor may appoint and commission one or more notaries public in each organized county of the territory, who may respectively hold their offices three years, unless sooner removed by the governor. Sec. 2. Each notary is invested with the power and shall perform the duties which pertain to that office, by the custom and law of merchants. Sec. 3. Every notary public is required to keep a true record of all notices given or sent by him, with the time and manner in which the same were given or sent, and the names of all the parties to whom the same were given or sent, with a copy of the instrument in relation to which the notice is served, and of the notice itself. Sec. 4. Such records, and copies of them, authenticated by the hand and seal of the notary, his protests, and all his official acts as notary, and his seal, shall reserve such credit and faith as they are entitled to by the law and custom of merchants. Sec. 5. Each notary public is required to have a seal, on which are to be engraved the words, "Notarial Seal," and "Montana," with his surname at length, and at least the initials of his Christian name. Sec. 6. Notaries public are empowered to administer oaths, and to take acknowledgments and proof of deeds required or permitted by the law of this territory to be recorded or acknowledged. Sec. 7. On the death, resignation, or removal from office of any notary, his records, with all his official papers, shall, within three months therefrom, be deposited in the office of the clerk of the county court, in the county for which such notary shall have been appointed; and if a notary, on his resignation or removal, neglect for three months so to deposit them, he shall be held guilty of a misdemeanor, and be punished accordingly, and be liable in an action to any person injured by such neglect; and if an executor or administrator of a deceased notary wilfully neglect, for three months after his acceptance of that appointment, to deposit the records and papers of the deceased notary which came 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 resig nation. 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. 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 all 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. 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. 10. When suit to be brought by or against general partners. 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 |