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When granted by a Judge or Clerk, the certificate shall be under the seal of his Court.

When granted by an officer who has an official seal, it shall be under such seal.

By a Justice of the Peace, under his hand.

CHAPTER XVII.

PARTNERSHIPS.

The statute provides how partners may be summoned, and how judgments against partners may be rendered, but is thus brief and pointed.

When two or more persons, associated in any business, transact such business in a common name, whether it comprises the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates, but the judgment in such cases shall bind only the joint property of the associates. The private property of persons engaged in copartnership shall be held liable for the debts of the firm, only when the partnership property shall prove insufficient to pay them. The assignment of a partner in trade to satisfy a creditor of the firm shall be deemed valid in law, but is not to be construed to authorize the assignment of partnership effects to satisfy individual claims of any of the parties.

CHAPTER XVIII.

MARRIED WOMEN.

All property owned by either spouse before marriage, and that acquired after marriage by gift, bequest, devise, or descent, is the separate property of that spouse by whom the same is owned or acquired; and as such may be held, owned

and controlled, and transferred and disposed of by the spouse so owning or acquiring it, without any limitation or restriction by reason of marriage.

Either spouse may sue and be sued in law. Married women have dower in all real estate held or possessed by the husband during coverture.

CHAPTER XIX.

CORPORATIONS.

Any number of persons, not less than five, one-third of whom being residents of the Territory, may incorporate for purposes of manufacturing, mining, or conducting any commercial or other industrial pursuits, or for constructing roads, ditches, colonization and improvements for lands, colleges, seminaries, churches, libraries, or any benevolent, charitable, christian or scientific associations, or for any rightful subject consistent with the Constitution of the United States and the laws of the Territory.

Stock may be subscribed and paid up in property. No individual liability upon stockholders. The Probate Judge is the officiating officer in effecting an incorporation.

Foreign corporations must file copies of their articles of incorporation with the Probate Judge of the county, when their principal place of business is located in this Territory, and must designate an agent on whom process may be served; also file copies of their articles of incorporation with the Secretary of State.

CHAPTER XX.

CHATTEL MORTGAGES.

No mortgage of personal property shall be valid against the rights and interests of any person (other than the parties thereto), unless the possession of such personal property be

delivered to, and retained by the mortgagee, or unless the mortgagee provide that the property may remain in the possession of the mortgagor, and be accompanied by an affidavit of the parties thereto, or in case any party is absent, an affidavit of the parties present, and of the agent or attorney of such absent party, that the same is made in good faith to secure the amount named therein, and without any design to hinder or delay the creditors of the mortgagor.

Every mortgage of personal property shall be witnessed, acknowledged by the mortgagor, or person executing the same, and recorded.

Any mortgage of personal property acknowledged and recorded, shall thereupon, if made in good faith, be good and valid as against the creditors of the mortgagor, and subsequent purchasers and mortgagees, from the time it is so filed for record until the maturity of the entire debt or obligation for the security of which the same was given, and for a period of ninety days thereafter; provided, the entire time shall not exceed one year.

Personal property mortgaged may be taken on attachment, if any legal cause for attachment exist, or on execution issued at the suit of a creditor of the mortgagor, but before the property is so taken, the officer must pay or tender the mortgagee the amount of the mortgage debt and interest at the place where by its terms it is made payable, if such place is within this Territory. If it specifies no place of payment, or if it be payable without this Territory, then he must deposit the amount thereof with the County Treasurer of any county wherein the mortgage is recorded, payable to the mortgagee, or his order.

Any mortgagor, agent, servant or employee of any mortgagor of personal property, who shall, during the time such mortgage remains in force, destroy, conceal, sell, or otherwise dispose of the whole or any part of the property mortgaged, or who shall remove the same or any part thereof from the Territory, without the written consent of the morgagee, his legal representative or assigns, shall be deemed guilty of obtaining money under false pretenses, and on conviction thereof shall be

punished by a fine not exceeding three times the value of the property described in the mortgage, or by imprisonment in the county jail not more than six months, or by both such fine and imprisonment, at the discretion of the Court.

Nothing herein contained shall authorize any person to mortgage any part or portion of such person's personal property as may be by law exempt from seizure and sale under execution, except as security for the purchase money therefor.

CHAPTER XXI.

INTEREST AND USURY.

Ten per cent. per annum interest is allowed on debts due, where no contract as to interest exists. There is no usury statute, and parties are at liberty to contract for rates of interest without limit, and any agreed rate is collectible.

CHAPTER XXII.

INSOLVENCY.

There is no insolvency law in this Territory.

PART XI.

British Columbia.

Prepared Expressly for this Work by M. W. T. Drake, Victoria.

CHAPTER I.

COURTS-THEIR JURISDICTION AND TERMS.

The Supreme Court is presided over by a Chief Justice and four puisne Judges. This Court exercises a legal and equitable jurisdiction in all matters. It has sole control over the estate of infants, lunatics and deceased persons, and claims a jurisdiction in divorce and matrimonial causes. The admiralty jurisdiction of the Province is vested in the Chief Justice alone. The Supreme Court is the Court of Appeal from all inferior tribunals, and from it there is an appeal to the Supreme Court of Canada and Privy Council of England.

The Judges also sit as Judges of assize for the trial of criminals.

The Courts sit when required for the purpose of disposing of law points reserved at trials, for hearing of motions for new trials, appeals, special cases, etc.

For matters of procedure the Judges sit constantly.

The Assize Courts are held three times a year, for the trial of prisoners; civil causes are heard whenever ripe for trial. The Assize Courts are held all through the province, the Judges going on circuit for the purpose.

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