copied in the proper books of record of the several counties of this Territory, acknowledged and recorded in accordance with the laws in force and effect at the time such instruments so acknowledged and recorded, shall, after the passage of this act, be deemed to impart to subsequent purchasers and encumbrancers, and all other persons whomsover, notice of all such deeds, mortgages, power of attorney, or other instrument, so far as to the extent the same may be found recorded, copied or noted in the books of record. SEC. 52. This act shall take effect and be in force from and after its approval by the governor. [Approved February 9, 1865.] AN ACT relating to Imprisonment for Debt. Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. 1. There shall be no imprisonment for debt in this Territory and all laws or parts of acts conflicting herewith are hereby repealed. SEC. 2. This act shall take effect and be in force from and after its passage. [Approved February 9, 1865.] AN ACT concerning Partitions of Real Estate. Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. 1. When any lands, tenements or hereditaments shall be held in joint tenancy in common coparcenary, whether such right or title be derived by purchase, devise or descent, or whether any all or part of such claimants be of full age or minors, it shall be lawful for one or more of the persons interested, by themselves if of full age, or by their guardian if minors, to present to the district court of the county where such lands or tenements lie, or where the lands or tenements lie in different counties, in the district court of the county in which the major part of such lands lie, but if the major part of such lands do not lie in any one county, then to the district court of any county in which any of such lands lie, their petition praying for a division and partition of such premises according to the respective rights of the parties interested therein, and for a sale thereof, if it shall appear that the partition cannot be made without great prejudice to the owners. SEC. 2. The petition shall particularly describe the premises sought to be divided or sold, and shall set forth and make exhibits of the rights and titles of all parties interested therein, so far as the same are known to the petitioners, including tenants for years, or for life, by the courtesy or in dower, and of persons entitled to the reversions, remainder or inheritance, and of every person who upon any contingency may be, or become, entitled to any beneficiary interests in the premises, so far as the same are known to the petitioners; and such petitions shall be verified by affidavit. SEC. 3. Every person having such interest as is specified in this act, whether in possession or otherwise, and every person entitled to dower in such premises, if the same has not been admeasured, shall be made a party to such petition. SEC. 4. In cases where one or more of such parties shall be unknown, or the share or quantity of interest of any of the parties is unknown to the petitioner, or where such share or interest shall be uncertain or contingent, or the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be contingent so that such parties cannot be named, the same shall be so stated in the petition. SEC. 5. All persons interested in the premises of which partition is sought to be made according to the provisions of this act, whose names are unknown, may be made parties to such petition, by the name and description of unknown owners or proprietors of the premises, or as the unknown heirs of any person who may have been interested in the same. SEC. 6. All persons having such interests as are specified in this act in any premises of which partition is sought to be made, or the guardians of such as are under age who shall not have joined in the petition (and if any person so interested be under age, and without guardian, the court shall appoint a guardian ad litem for such minor), shall have notice of such application by summons duly served, which summons shall issue against such person by the name and the description given in the petition, and when the names of persons having any interest in such premises are unknown, and when parties whose names are known do not reside in this Territory, or cannot be found, they shall have further notice by advertisement as provided by law, and after such advertisement the court shall proceed to act in the premises as though the parties had been duly served with summons, or had been notified by their proper names. SEC. 7. During the pendency of any such suit, or proceedings, any person claiming to be interested in the premises to be assigned or parted may appear and answer to petition, and assert his or her rights by law of interpleader, and the courts shall decide upon the rights of persons appearing as aforesaid, as though they had been made parties in the first instance. SEC. 8. The court shall ascertain from the evidence in case of default or from confession by plea of the parties if they appear, or from the verdict from which any issues of fact shall be determined, and shall declare the rights, titles and interest of all the parties to such proceedings, petitioners as well as defendants, and give such judgments as may be required by the rights of the parties. SEC. 9. The court, when it shall order a partition of any premises to be made under the provisions of this act, shall appoint three commissioners not connected with any of the parties either by consanguinity or affinity, and entirely disinterested, each of whom shall take an oath before the court or some justice of the peace, and fairly and impartially to make partition of said lands in accordance with the judgment of the court as to the rights and interests, if the same can be done consistently with the interests of the estate; and the said commissioners shall go upon the premises and make partition of said lands, tenements and hereditaments, assigning to each party his or her share, metes and bounds, and make report, which shall be under hand and seal, to the court, during the same or next succeeding term at which they were appointed, and the court may at the term when such report shall be made, make all such orders upon such reports as may be necessary to a final disposition of the case. SEC. 10. The commissioners to be appointed under this act, shall be allowed as a compensation for their services five dollars per day each, to be taxed as other costs. SEC. 11. When any lands, houses or lots are so circumstanced that a division thereof cannot be made without manifest prejudice to the proprietors of the same, and the commissioners appointed to divide the same shall so report to the court, the court shall thereupon give an order to said commissioners or other person or persons to sell such lands, houses or lots, or houses and lots, at public vendue, upon such terms and by giving such notice of sale as the court shall direct, and who shall make and execute good and sufficient conveyances, to the purchaser or purchasers thereof, which shall operate as an effectual bar, both in law and equity, against such owners or proprietors, and all persons claiming under them; and the commissioners or persons making such sale shall report their proceedings to the court, and shall pay over the moneys arising therefrom, to the parties entitled to receive the same, under the direction of the court; the court to make such order in relation to costs as shall seem right. SEC. 12. When a sale of lands or premises shall be made in accordance with the preceding section, and no person shall appear to claim such portion of the money as may belong to any nonresident or person whose name is unknown, the court shall thereupon require the money belonging to the persons not claiming as aforesaid, to be deposited in the treasury of the Territory, subject to the further order of the court; and all money required to be deposited as aforesaid shall be received by the Territorial treasurer, and paid out upon the order of the court. SEC. 13. When money shall be deposited in the Territorial treasury under the provisions of this act, the person or persons so entitled to the same may at any time apply to the court making the order of such sale, and obtain an order from the same upon making satisfactory proof to the court of his, or her, or their right thereto. SEC. 14. No plea in abatement shall be received in any suit for partition, nor shall such suit abate by death of any tenant. SEC. 15. This act to take effect and be in force from and after its passage. [Approved February 9, 1865.] AN ACT directing the Auditor to Issue Certain Warrants. Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. 1. That the Territorial auditor is hereby authorized and ordered to issue his warrants upon the Territorial treasurer for the amount due the members, clerks and other officers of the legislative assembly according to the pay-roll adopted by said assembly, of the several sums due said persons from the United States according to the Organic Act, and the secretary of the Territory is hereby ordered to pay into the Territorial treasury the amount drawn by said warrants drawn by said auditor from the funds furnished by the United States for contingent expenses in this Territory. SEC. 3. This act shall take effect from and after its passage. [Approved February 9, 1865.] AN ACT concerning fraudulent Conveyances and Contracts. Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. 1. Every conveyance of any estate or interest in lands, or the rents and profits of lands, and any charge upon lands, or upon the rents or profits thereof, made or executed with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands, rents, or profits as against such purchasers, shall be void. SEC. 2. No such conveyance or charge shall be deemed fraudulent in favor of a subsequent purchaser who shall have legal notice thereof at the time of such purchase, unless it shall appear that the grantee in such conveyance, or person to be benefited by such charge, was privy to the fraud. SEC. 3. Every conveyance or charge of or upon any estate or interest in lands containing any provision for vocation, determina |