CHAPTER XVI.

JUDICIAL RECORDS OF OTHER STATES, HOW PROVED.

The records and proceedings of any Court of the United States, or any State or Territory, shall be admissible in evidence in all cases in Washington Territory, when authenticated by the attestation of the clerk, prothonotary, or other officer having charge of the records of such Court, with the seal of such Court annexed.

CHAPTER XVII.

ACKNOWLEDGMENTS.

All deeds affecting the title to real estate, or of any interest therein, and all contracts creating or evidencing any encumbrance on real estate, shall be by deed. All deeds must be acknowledged before one of the following officers, if made in the Territory: a judge of the Supreme Court, a judge of the Probate Court, a justice of the peace, a county auditor, a clerk or a regularly appointed deputy clerk of the District or Supreme Court, or a notary public, duly qualified. If made out of the Territory, but in the United States, they may be acknowledged before any person authorized to take acknowledgments of deeds by the laws of the State or Territory wherein the acknowledgment is taken, or before any commissioner appointed by the Governor of Washington Territory for such purpose. Unless such acknowledgment be taken before a commissioner,

such deed shall have attached thereto a certificate of the clerk or other proper certifying officer of a Court of record of the county or district within which the acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be; that he is authorized by law to take acknowledgments of deeds; and that he believes the signature of the person subscribed thereto to be genuine. If made in a foreign country, out of the United States, they shall be acknowledged or proved by two witnesses before any minister plenipotentiary, charge d'affaires, consul, "general consul," vice-consul, or commercial agent appointed by the government of the United States to any foreign country, or the proper officer of any Court of such country, or the mayor or other chief magistrate of any city, town, or corporation therein. Such officer shall make and sign officially a certificate of acknowledgment, or of the proof by two witnesses, as the case may be, which shall be annexed to the deed.

There are no particular requisites of an acknowledgment, except in case of a married woman. She shall not be bound by any deed affecting her own real estate or any interest in real estate, unless she shall be joined in the conveyance by her husband, and shall, upon an examination by the officer taking the acknowledgment, separate and apart from her husband, acknowledge that she did voluntarily, of her own free will, and without the fear of or coercion from her husband, execute the deed; and the officer shall make known to her the contents of the deed, and shall certify that he has made known to her its contents, and examined her separate and apart from her husband, as is above provided. In case the husband and wife mortgage the homestead, the officer shall certify that she did freely and voluntarily, separate and apart from her husband, sign and acknowledge said mortgage, and the officer taking the acknowledgment shall fully apprise her of her rights and the effect of signing such mortgage.

CHAPTER XVIII.

LIMITED PARTNERSHIPS.

There is no law of limited partnerships in this Territory. liability of partners is unrestricted.

The

CHAPTER XIX.

MARRIED WOMEN

Cannot become sole traders in this Territory. All property owned by the wife at the time of her marriage, and that acquired afterwards by gift, bequest, devise or descent, is her separate property, but is liable for her husband's debts, unless she has a recorded inventory of the same in the office of the county auditor of the county where the property is situated. The wife can make no contract in her own right, except in particular cases affecting her separate property.

CHAPTER XX.

CORPORATIONS.

Each and every stockholder shall be personally liable to the creditors of the company to the amount of what remains unpaid on his subscription to the capital stock, and not otherwise.

CHAPTER XXI.

CHATTEL MORTGAGES

May be made upon locomotives, engines, and the other rolling stock of a railroad; steam machinery and machinery used by machinists, foundrymen, and mechanics; steamboat engines and boilers; mining machinery; printing presses and material; professional libraries; instruments of a physician, surgeon, or dentist; upholstery and furniture used in hotels or boarding-houses, when mortgaged to secure the purchase money of the articles mortgaged; growing crops; vessels of more than five tons burden. The mortgage must be accompanied by the affidavit of all the parties thereto that it is made in good faith, and without any design to hinder, delay, or defraud creditors. It must be acknowledged or proved, certified, and recorded in the same manner as deeds to real estate. It must be recorded in the office of the county auditor where the mortgagor resides, and also of the county in which the property mortgaged is situated, or to which it may be removed, and must be recorded in books kept for chattel mortgages exclusively.

CHAPTER XXII.

INTEREST.

The legal rate of interest is ten per cent. per annum, in the absence of any contract in writing, fixing a different rate. Parties may contract in writing for any rate of interest that they may agree upon.

PART XI.

ARIZONA TERRITORY.

CHAPTER I.

COURTS AND THEIR JURISDICTION.

The following are the Courts of justice for the Territory:

1. The Supreme Court. 2. The District Courts. 3. The Probate Courts. 4. The Justices' Courts.

The Supreme Court has appellate jurisdiction in all cases wherein the legality of any tax, toll, impost, or municipal fine is in question. It also has jurisdiction to review upon appeal

First. A judgment in action or proceeding commenced in a District Court, or brought into that Court from another Court, where the matter in dispute exceeds' one hundred dollars, or when the possession of, or title to lands or tenements is in controversy; and to review upon the appeal from such judgment any intermediate or collateral order of the Court or judge at chambers, involving the merits and necessarily affecting the judgment.

Second. An order granting or refusing a new trial, sustaining or overruling a demurrer, or affecting a substantial right in an action or proceeding.

The District Courts have jurisdiction as follows:

Original jurisdiction in all civil cases where the amount exceeds