The commission must authorize the commissioner to administer an oath to the witness, and to take his deposition in answer to the interrogatories; or, when the examination is without interrogatories, in respect to the question in dispute, and to certify the deposition to the Court in a sealed envelope, directed to the Clerk or other person designated or agreed upon, and forwarded to him by mail or other usual channel of conveyance.

CHAPTER XIX.

JUDICIAL RECORDS.

A judicial record is the record or official entry or proceedings in a Court of justice, or of the official act of a judicial officer, in an action or special proceeding.

may

A judicial record of this Territory, or of the United States, be proved by the production of the original, or a copy thereof, certified by the Clerk or other person having the legal custody thereof. That of a State or other Territory may be proved by the attestation of the Clerk and the seal of the Court annexed, if there be a Clerk and seal, together with a certificate of the Chief Judge or Presiding Magistrate, that the attestation is in due form. A judicial record of a foreign country may be proved by the attestation of the Clerk, with the seal of the Court annexed, if there be a Clerk or seal, or of the legal keeper of the record, with the seal of his office annexed, if there be a seal, together with a certificate of the Chief Judge or Presiding Magistrate, that the person making the attestation is the Clerk of the Court, or the legal keeper of the record, and, in either case, that the signature of such person is genuine, and that the attestation is in due form. The signature of the Chief Judge or Presiding Magistrate, must be authenticated by the certificate of the minister or embassador, or a consul, vice-consul, or consular agent of the United States in such foreign country.

A copy of the judicial record of a foreign country is also 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 a record of a Court, by the signature of the legal keeper of the original.

CHAPTER XX.

SPECIAL PARTNERSHIP.

Special partnerships for the transaction of mercantile, mechanical, mining or manufacturing business may be formed, but not for the purpose of banking or insurance.

No such partnership shall be deemed to have been formed until a certificate which shall contain the name or firm under which said partnership is to be conducted, the names and respective places of residence of all the general and special partners, distinguishing who are general and who are 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, the time when the partnership is to commence and terminate, shall be made and severally signed and acknowledged by all the partners, before an officer authorized to take acknowledgment 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. If there shall be a place of business in different counties, said certificate shall

be recorded in each of such counties; a copy of such certificate shall be published three successive weeks in the county where the principal place of business is located.

Any false statement in the certificate makes all the partners liable as general partners.

The special partners shall not be personally liable for any debts of the partnership, except their names be used in said firm with their consent or privity, or shall personally make any contract respecting the concerns of the partnership with any person except the general partner.

CHAPTER XXI.

CHATTEL MORTGAGES.

Chattel mortgages may be had upon all property, goods or chattels not defined by statute to be real estate.

A chattel mortgage is void as against creditors of the mortgagor, and subsequent purchasers and incumbrances of the property in good faith and for value; unless,

1. It is accompanied by the affidavit of the mortgagor that it is made in good faith, and without any design to hinder, delay or defraud creditors.

2. It is acknowledged or proved, certified and recorded in like manner as grants of real property.

If the mortgagor of any personal property mortgaged in pursuance of the provisions of this chapter, while such mortgage remains unsatisfied, in whole or in part, willfully removes from the county or counties where the mortgage is recorded, destroys, cancels, sells, or in any manner disposes of the property mortgaged, or any part thereof, without consent of the holder of said mortgage, is guilty of larceny, and such sale or transfer is void.

CHAPTER XXII.

INTEREST.

Parties may agree in writing for the payment of any rate of interest on money due or to become due on any contract not exceeding the sum of one and one-half per cent. per month; any judgment on said contract bears ten per cent. per annum. Any violation by charging a greater rate of interest than above specified works a forfeiture of ten cents on the hundred by the year for the benefit of the school fund.

The plaintiff is entitled to judgment on such contracts for the principal sum less all payments of principal or interest theretofore made, and without interest or costs. The Court must enter judgment in said action for ten per cent. per annum upon the entire principal of said contract against the defendant in favor of the Territory, for the use of the school fund of the county, whether the unlawful interest is contested

or not.

CHAPTER XXIII.

OF PROCEEDINGS IN INSOLVENCY.

Every insolvent debtor may, upon compliance with the provisions of this title, be discharged from his debts and liabilities. An insolvent debtor, owing debts exceeding in amount the sum of three hundred dollars, may apply by petition to the District Court of the county in which he has resided for six months next preceding the filing of his petition, to be discharged from his debts and liabilities. In his petition he must set forth his place of residence, his inability to pay all his debts in full, his willingness to surrender all his estate and effects for the benefit of his creditors, and his desire to obtain a discharge from his debts and liabilities, and must annex thereto a schedule and inventory and valuation in compliance with the provisions of this title. The filing of such petition is an act of in

solvency, and thereupon such petitioner must be adjudged an insolvent debtor. The petition, schedule and inventory must be verified by the affidavit of the petitioner annexed thereto.

Upon receiving and filing such petition, schedule and inventory, the Court or the Judge thereof, must make an order declaring the petitioner insolvent, and directing the Sheriff of the county to take possession of all the estate, real and personal, of the debtor, except such as may be by law exempt from execution, and of all his deeds, vouchers, books of account and papers, and to keep the same safely until the appointment of an assignee. Such order must further forbid the payment of any debts, and the delivery of any property belonging to such debtor, to him, or for his use, and the transfer of any property by him; and must further appoint a time and place for a meeting of the creditors to prove their debts and choose one or more assignees of the estate, which must not be less than thirty days after the making of said order, and shall designate a newspaper or newspapers of general circulation in which publication thereof must be made. Upon the granting of said order, all proceedings against the said insolvent are stayed.

The Clerk of Court shall publish a copy of said order, and serve the same through the U. S. mail, postage prepaid, or personally, on all creditors named in the schedule. At a meeting of the creditors in open Court, those creditors who have proven their claims must proceed to elect one assignee, who must be a resident of the county where the insolvent resides or has carried on business. The opinion of a majority in amount of claims must prevail.

If the creditors fail to appoint an assignee at the time fixed, or if the assignee fails to qualify, the Court or Judge may appoint and fix the amount of bonds.

The Assignee has Power.

1. To sue in his own name, and recover all the estate, debts, and things in action, belonging or due to such debtor,