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cation, resignation, or absence from the district of the judge properly assigned to that particular district; and a written request from the judge of the district in which the court is to be held, or from the governor, to be entered on the records of said court, shall be sufficient authority to any judge for holding said court, and from the time of the service of said notice upon him, he shall have full power to act, as judge of said district during such absence, sickness, or disqualification, and do any act that may be necessary and proper for the holding of said court, including the appointment of a clerk, and the designation of a seal, in all cases when there is no clerk or seal.

SEC. 12. Whenever it shall so happen that the judge of a district court shall not attend at the commencement of the session of the said court, or at the time appointed on any adjournment thereof, to open and adjourn the said court in person, the judge may, by a written order to the clerk, adjourn the court from time to time, as the case may require, to any time or times antecedent to the next stated term of said court, and all suits, actions, writs, processes, recognizances, and other proceedings, pending in such court shall have day and be returnable to, and heard, tried and determined, at such adjournment, or adjournments, in the same manner, and with the same effect, as if the said court had been duly opened and held at the commencement of such session, or any other day appointed therefor, and all persons bound or required to appear at said court, either as jurymen, witnesses, parties, or otherwise, shall be bound and required to attend at such adjournment, or adjournments, accordingly: Provided, That in such absence of the judge, the clerk may adjourn the court from day to day, without an order, for any period not exceeding one week.

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SEC. 13. Each judicial district shall have an appropriate seal, to be procured by the clerk thereof, under the direction of the judge. And the clerk of the supreme court shall procure an appropriate seal for the same, under the direction of the judges thereof, or a majority of them.

SEC. 14. The rules of pleading, practice, evidence, and of all other proceedings, both in civil and criminal cases, in the district courts, shall be the same as those in force in the territory of Washington on the first day of December eighteen hundred and sixty-three, till otherwise provided by law.

SEC. 15. In all cases of murder and felony, each of the three judicial districts of this territory shall be considered but one county, and persons accused may be indicted, tried, and punished, at any place of holding court in the district in which

the offence was committed, which is most convenient, or where a court may first be held, after the arrest of the offender. SEC. 16. This act to take effect and be in force from and after its approval by the governor. APPROVED December 18th, 1863.

PARTNERSHIPS.

AN ACT to provide for the formation of Partnerships.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. Limited partnerships for the transaction of mercantile, mechanical, mining, or manufacturing business, within this territory, may be formed by two or more persons, upon the terms and subject to the condition and liabilities prescribed in this act, but nothing contained in this act shall authorize such partnerships for the purpose of banking or insurance.

SEC. 2. The said partnerships may consist of one or more persons, who shall be called general partners, who shall jointly and severally be responsible as general partners are by law, and of one or more persons who shall contribute to the common stock a specific sum, in actual cash payment, as capital, who shall be called special partners, and who shall not personally be liable for any debts of the partnership, except in the cases hereafter mentioned.

SEC. 3. The persons forming such partnerships, shall make and severally sign 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, and the time when the partnership is to commence, and when it is to terminate.

SEC. 4. No such partnership shall be deemed to have been formed, until a certificate, made as aforesaid, shall be acknowledged by all the partners before some 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 partnerships is located, in a book to be kept for that purpose, open to public inspection; and if the partnership shall have a place of business, situated in different counties, a copy of the certificate, certified by the recorder in whose office it shall be so recorded, shall be filed and recorded in like manner in the office of the recorder in every such county. If any false statement shall be made in any such certificate, all the persons interested in the partnership shall be liable as general partners, for all the engagements thereof.

SEC. 5. The partners shall for three successive weeks immediately after such registry, publish a copy of the certificate above mentioned in a newspaper published in the county where the principal place of business is situated; and if no such paper be there printed, then in a newspaper in the territory nearest thereto; and in case such publication be not so made, the partnership shall be deemed general.

SEC. 6. Upon every renewal or continuation of a limited partnershp beyond the time originally agreed upon for its duration, a certificate thereof shall be made, acknowledged, recorded and published, in like manner as is provided in this act for the original formation of limited partnerships and every such partnership which shall not be renewed in conformity with the provisions of this section, shall be deemed a general partnership.

SEC. 7. The business of the parnership shall be conducted under a firm, in which 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 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 partner he shall be deemed and treated as a general partner.

SEC. 8. During the continuance of any partnership, under the provisions of this act, no part of the capital stock thereof shall be withdawn, nor any division of interests, or profits be made so as to reduce such capital stock below the sum stated in the certificate before mentioned. If at any time during the continuance, or at the termination of the partnership, the property or assets shall not be sufficient to pay the partnership debts the special partners shall severally be held responsible for all sums by them in any way received, withdrawn, or divided, with interest thereon from the time when they were so withdrawn respectively.

SEC. 9. No general assignment by said partnership, in case of insolvency, or where their goods and estate are insufficient

for the payment of all their debts, shall be valid unless it provide for a distribution of the partnership property among all the creditors in proportion to the amount of their several claims.

SEC. 10. In case of such assignment, as provided in the preceding section, the assent of the creditors shall be presumed, unless within sixty days after notice thereof, they shall dissent; and no such assignment shall be valid unless notice thereof shall be given in some newspaper printed in the county where the place of business, of the party making it is situated; or if no newspaper be printed in such county, then in some newspaper printed in the territory nearest thereto, within fourteen days after making such assignment.

SEC. 11. All suits respecting the business of such partnerships shall be prosecuted by and against the general partnership, except in those cases in which provision is made in this act, that the special partners shall be deemed general partners, and that special partnerships shall be deemed general partnerships, in which cases all the partners deemed general partners may join or be joined in such suits, and excepting also those cases where special partners shall be held severally responsible on account of any sums by them received or withdrawn from the common stock, as before provided.

SEC. 12. No dissolution of a limited partnership shall take place, except by operation of law, before the time specified in the certificate before mentioned, unless a notice of such dissolution shall be recorded in the recorder's office in which the original certificate or the certificate of renewal or continuation of the partnership was recorded, and unless such notice shall also be published for three successive weeks in some newspaper printed in the county where the certificates of the formation of such partnerships were published according to the provisions of this act; and, if no newspaper shall, at the time of such dissolution, be printed in such county, then the notice of such dissolution shall be published in some newspaper in the territory, nearest thereto.

SEC. 13. In all cases not otherwise provided for in this act, the members of limited partnerships shall be subject to all the liabilities, and entitled to all the rights of general partners.

SEC. 14. This act shall take effect and be in force from and after its approval by the governor.

APPROVED, January 4th, 1864.

JURORS.

AN ACT concerning Jurors.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. The probate judge and the sheriff of the county in which a term of the district court is or may be authorized by law to be held, shall, at least ten days prior to the commencement of said term of court, select the names of one hundred persons, lawfully qualified to serve as jurors, from the assessment roll of such county: Provided, That that number of names are contained on such assessment roll; and the names of the persons so selected, after being written on separate slips of paper, shall be deposited in a box to be provided for such purpose, and from the names so deposited the judge and sheriff aforesaid, shall alternately draw the names of thirty persons who shall constitute trial jurors, for the next ensuing term of such district court.

SEC. 2. The list of names so drawn certified to by the judge and sheriff as selected by them, shall thereupon be delivered to the clerk of the district court who, upon the receipt of the same, shall immediately issue a venire directed to the sheriff of the county, commanding him to summon the persons so named as trial jurors for such term of court, and the sheriff shall summons such named persons at least three days prior to the commencing of such term of court.

SEC. 3. The venire as provided for in section two of this act, shall be returned to the clerk of such district court, by the sheriff aforesaid, at least two days before the commencement of such term of court, and such venire, after its return, shall be subject to the inspection of any officer or attorney of the

court.

SEC. 4. The box containing the residue of the names of the the jury list as aforesaid, shall, after such drawing, be locked up, and with the key, deposited with the clerk of the district court for such county, and by him safely kept for future use by the aforesaid officers, or as further provided in this act.

SEC. 5. When at any time during a term of the district court, it shall become necessary to summons other jurors than as herein before provided for, the clerk shall in open court, under the direction of the judge thereof, from such box, draw a sufficient number of names to constitute additional trial jurors during such term of court; Provided, In case any such

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