The deposition of a witness out of this Territory may be taken upon commission issued from the Court, under the seal of the Court, upon an order of the judge or Court, or probate judge, on the application of either party, upon five days' notice to the other. If issued to any place within the United States, it may be directed to a person agreed upon by the parties, or if they do not agree, to any judge or justice of the peace, or commissioner selected by the officer issuing it.

If issued to any country out of the United States, it may be directed to a minister, ambassador, consul, vice consul, or consular agent of the United States in such country, or to any person agreed on by the parties.

The commission shall authorize the commissioner to administer an oath to witness, and to take his deposition in answer to the interrogatories; or when the examination is to be made without interrogatories, in respect to the matter 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 forward to him by mail or other usual channel of conveyance.

CHAPTER XV.

JUDICIAL RECORDS.

A judicial record of this Territory or of the United States may be proved by the production of the original or 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 or judicial proceedings of the Courts of any State of the United States may be proved or admitted in the Courts of this Territory, by the attestation of the clerk and the seal of the

Court annexed, (if there be a seal) together with the certificate of the judge, chief justice or presiding magistrate, as the case may be, that the attestation is in due form.

A seal of a Court or public officer, when required, may be impressed with wax, wafer or any other substance, and then attached to the instrument or document; or it may be impressed on the paper alone.

CHAPTER XVI.

ACKNOWLEDGMENTS.

Acknowledgments are required in all conveyances affecting real estate. The same certificate required as in California.

May be taken by:

1. If acknowledged or proved within this Territory, by some judge or clerk of a Court having a seal, or some notary public, recorder or justice of the peace of the proper county.

2. If acknowledged or proved without this Territory, and within the United States, by some judge or clerk of any Court of the United States, or of any State or Territory having a seal, or by any commissioner appointed by the Governor of this Territory.

3. If acknowledged or proved without the United States, by some judge or clerk of any Court, (having a seal) of any State, Kingdom or Empire, or by a notary public therein, or by any minister, commissioner, or consul of the United States appointed to reside therein.

The act concerning conveyances of real estate, or any interest therein, and mortgages, is the same as in California.

CHAPTER XVII.

LIMITED PARTNERSHIPS.

Limited 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 XVIII.

MARRIED WOMEN.

All property both real and personal, of the wife before marriage, and that acquired afterwards, by gift, bequest, devise or descent, is her separate property, and all the husband's is his separate property. All other property acquired after marriage is common property.

The wife is required to make, sign, acknowledge, and have recorded a complete inventory of her separate property, in the office of the recorder of the county where the property is situated. The husband has the management and control of the wife's separate property during marriage, but cannot alienate or create a lien or incumbrance on the same, except by instrument signed and acknowledged by both husband and wife.

The District Court may, on application of the wife, appoint a trustee to take charge of and manage her separate property, if the husband mismanages it or commits waste.

The husband has entire control of common property and his own separate property, and the rents and profits of all the separate property of both husband and wife are deemed common property, unless expressly provided in the instrument or devise to the con-trary. Upon dissolution of the community by death, half of the common property goes to the survivor and half to the descendants, if there are any; if not, all to the survivor. Upon dissolution by decree of Court, the common property must be equally divided, unless the decree is granted on the ground of adultery or extreme cruelty, when the division of the same is left to the discretion of the Court granting the decree.

The separate property of the husband is not liable for the debts of the wife contracted before marriage, but the separate property of the wife is liable for all such debts.

CHAPTER XIX.

CORPORATIONS.

There is a general law for the formation of corporations, by which three or more persons may form a corporation by filing a certificate in writing with the clerk of the District Court of the district in which the principal place of business of the corporation is intended to be located, and a certified copy of the same, under the hand of the clerk and the seal of the Court, in the office of the secretary of the Territory. Said certificate must state the corporate name of the company, the object for which it is formed, amount of capital stock, term of existence, (not to exceed fifty years) number of shares, number of trustees and their names who shall manage the concerns of the corporation for the first three months, and principal place of business.

The total amount of the debts of the corporation shall not, at any time, exceed the amount of the capital stock actually paid in; and in case of any excess, the trustees under whose administration the same may have happened, except those who have caused their dissent therefrom to be entered at large on the minutes of the board of trustees at the time, and except those not present at the time when the same did happen, shall, in their individual and private capacities, be liable jointly and severally to the said corporation, and in the event of its dissolution, to any of the creditors thereof, for the full amount of such excess.

Each stockholder shall be individually and personally liable for his proportion of all the debts and liabilities of the corporation, contracted or incurred during the time that he was a stockholder, for the recovery of which joint or several actions may be instituted; and when a judgment in such action shall be recovered against joint stockholders, the Court on the trial thereof shall apportion the amount of the liability of each, and in the execution thereof no stockholder shall be liable beyond his proportion so ascertained.