CHAPTER XIV.

JUDICIAL RECORDS, HOW PROVED.

A judicial record of this State, or the United States, or any Territory, may be proved by the production of the original, or a copy thereof, certified by the Clerk or other person having the legal custody thereof, under the seal of the Court, to be a true copy of such record.

The records and judicial proceedings of the Courts of any other State of the United States, or of any Territory, may be proved or admitted in the Courts of this State, by the attestation of the Clerk, and a seal of the Court annexed, if there be a seal; together with a certificate of the Judge, Chief Justice, or presiding Magistrate, as the case may be, that the 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 seal—or by the legal keeper of the record, with the seal of his office annexed, if there be a seal-to be a true copy of such record, together with a certificate of a Judge of the Court, that the person making the certificate is the Clerk of the Court, or the legal keeper of the record, and in either case that the signature is genuine, and the certificate in due form; and, also, 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 the nature of its jurisdiction, and verifying the signature of the Clerk and Judge, or other legal keeper of the record.

Second. A copy of the judicial record of a foreign country shall also be admissible in evidence upon proof:

1. That the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of it. 2. That such original was in the custody of the Clerk of the Court, or other legal keeper of the same; and,

3. That the copy is duly attested by a 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 the record of a Court, by the signature of the legal keeper of the original.

CHAPTER XV.

ACKNOWLEDGMENTS.

The proof or acknowledgment of every conveyance affecting any real estate shall be taken by some one of the following officers:

1. If acknowledged or proved within this State, by some Judge or Clerk of a Court having a seal, or some Notary Public, or Justice of the Peace; provided, when the acknowledgment is taken before a Justice of the Peace in any other county than that in which the real estate is situated, the same shall be accompanied with the certificate of the Clerk of the District Court of such county, as to the official character of the Justice taking the proof or acknowledgment, and the authenticity of his signature.

2. If acknowledged or proved without this State, but within the United States, shall be taken by some one of the following officers:

A Judge or Clerk of a Court having a seal, or some Notary Public, or Justice of the Peace, or by any Commissioner appointed by the Governor of this State for that purpose; provided, that when the acknowledgment is taken by a Justice of the Peace, the same shall be accompanied by the certificate of the Clerk of a Court of record of the county having a seal, as to the official character of the Justice and the authenticity of his signature.

3.

If acknowledged or proved without the United States, by some Judge or Clerk of any Court of any State, Kingdom or Empire having a seal, or by any Notary Public therein, or by any Minister, Commissioner, or Consul of the United States, appointed to reside therein.

CHAPTER XVI.

AFFIDAVITS, BEFORE WHOM TO BE TAKEN.

An affidavit to be used before any Court, Judge, or officer of this State may be taken before any Judge or Clerk of any Court, or any Justice of the Peace, or Notary Public in this State.

An affidavit taken in another State, or in a Territory of the United States, to be used in this State, shall be taken before a Commissioner appointed by the Governor of this State to take affidavits and depositions in such other State or Territory, or before any Notary Public, Judge of a Court of record having a seal.

An affidavit taken in a foreign country, to be used in this State, shall be taken before an Embassador, Minister, or Consul of the United States, or before any Judge of a Court of record having a seal, in such foreign country.

When an affidavit is taken before a Judge of a Court in another State, or in a Territory of the United States, or in a foreign country, the genuineness of the signature of the Judge, the existence of Court, and the fact that such Judge is a member thereof, shall be certified by the Clerk of the Court, under the seal thereof.

CHAPTER XVII.

LIMITED PARTNERSHIPS.

May be formed for the transaction of mercantile, mechanical, mining, or manufacturing business by two or more persons, as provided for by special statute. But nothing contained in the Act shall authorize such partnerships for the purpose of banking or insurance.

In partnerships of this character there shall be one or more members of the firm to be known as general partners, and

they are individually liable for the debts of the firm. The special partners are liable for the firm debts to the extent of their interest in the firm property or assets; also to the extent of any sums of money by them received, withdrawn, or divided, with interest thereon from the time they were so withdrawn from the firm.

The business of the partnership shall be conducted under a firm name, in which the names of the general partners only shall be inserted, and the general partners only shall transact the business. If the name of any special partner shall be used in said firm with his consent or privity, or if he shall personally make any contract respecting the concerns of the partnership with any person except the general partners, he shall be deemed and treated as a general partner.

CHAPTER XVIII.

MARRIED WOMEN.

May become sole traders upon petition, and by order of District Court.

When they are sole traders they become liable for debts incurred in the conduct of the business authorized to be carried on by them as such; and their separate property, if they have any, is liable for such debts.

CHAPTER XIX.

CORPORATIONS.

May be formed for all purposes under general statute. Stockholders are not individually liable for any debt of the corporation.

CHAPTER XX.

CHATTEL MORTGAGES.

No chattel mortgage upon any personal property shall be valid for any purpose, except possession of the property mortgaged be given to and continuously retained by the mortgagee. Growing crops, however, may be mortgaged.

CHAPTER XXI.

INTEREST AND USURY.

Where there is no express contract in writing fixing a different rate of interest, interest shall be allowed at the rate

of

seven per cent. per annum for all moneys after they become due upon any bond, bill, or promissory note, or other instrument in writing; on any judgment recovered before any Court in this State for money lent; money due on settlement of accounts from the day on which the balance is ascertained; and for money received for the use of another.

Parties may agree in writing for the payment of any rate of interest whatever upon money due, or to become due, on any contract. Judgments rendered upon contracts shall conform thereto, and bear the interest agreed upon by the parties, which shall be specified in the judgment; provided, only the amount of the original claim or demand shall draw interest after judgment.

CHAPTER XXII.

PROMISSORY NOTES AND BILLS OF EXCHANGE.

All notes in writing made and signed by any person, whereby he shall promise to pay to any other person, or to his order, or to the order of any other person, or to the bearer, any