Sidor som bilder
PDF
ePub

the record, or the margin thereof, in the same manner as the satisfaction of a mortgage is entered, and shall be allowed the same fee therefor as is allowed for entering the satisfaction of a mortgage, to be paid by the creditor at the time the service is performed.

SEC. 24. If any creditor fail, refuse, or neglect to acknowledge satisfaction, as aforesaid, he shall be liable to any person injured to the amount of such injury, and the costs of suit.

SEC. 25. In case any sub-contractor shall not have notified the owner, proprietor, his agent or trustee, before furnishing the things aforesaid, or doing work, as provided for in section two, but shall furnish to him the account as provided for in section two, or the statement as provided for in section three, and in all other respects shall comply with the provisions of this act, he shall have the benefit of this act; the same as if he had given such notice, to the extent and only to the extent that such owner or proprietor can safely, with his engagements and liabilities then existing, withhold any amount by him owing to his contractor for such sub-contractor.

SEC. 26. All persons turnishing things, or doing work, as provided for by this act, shall be considered sub-contractors, except such as have therefor contracts directly with the owner or proprietor, his agent or trustee

SEC. 27. Any person or persons who have heretofore done work and labor, or furnished materials, and have availed themselves of the provisions of an act of the Idaho legislature, entitled "An act for securing liens to mechanics and others," approved January 23, 1864, and has filed within the time therein prescribed in the office of the recorder of the county, or in the county clerk's office in which such building or superstructure is situated, of the amount due them, verified by said act, shall be entitled to all the benefits of this act; and all such liens so acquired, under and by virtue of the provisions of said act, shall be as effectual to all intents and purposes as if the same had accrued under and by virtue of this act, and the provisions of this act shall in all cases be applicable to the enforcement of such liens.

SEC. 28. In all cases when liens have accrued for work and labor done, or materials furnished, which were to be paid for in gold dust or other property, the current value of such gold dust or property in United States treasury notes at the time said work and labor were done, or materials furnished, shall be the true measure

of damages, and the court in ascertaining the same shall have due
regard to the customs of the country prevailing at the time such
lien accrued, and under which such work and labor were done, or
material furnished; and the court, after ascertaining the value of
such gold dust or other property, shall render judgment for the
value thereof, and enforce the judgment of the same, as required
by this act.

SEC. 29. This act shall be in force from and after its passage.
Approved December 30, 1864.

AN ACT to regulate the measure of damages in action, ou express or implied contract, for the delivery of gold dust, or gold or silver bullion.

•had gold coins

7 Wallace 258-229

Be it enacted by the Legislative Assembly of the Territory 43 Mo 137 dust makextender x of Montana:

SEC. 1. That in actions on express contracts for the payment of a certain amount in gold dust, or gold or silver bullion, or for the delivery of a certain amount of gold dust, or gold or silver bullion, the measure of damages shall be the market value of the amount of gold dust, or gold or silver bullion, in United States treasury notes, at the time it should have been delivered or paid, with interest until the time of recovering judgment.

SEC. 2. That whenever it is the general custom or usage of persons in any community to make gold dust, or gold or silver bullion, at any fixed rate, the basis for the sale of any or all goods, wares, merchandise, or any other article or articles of property whatever, it shall be lawful for any person bringing suit upon a contract, express or implied, which is not in writing, to allege and prove that the contract was made with the view and understanding, either express or implied, that such general custom or usage should be taken as a part of such contract, and that such contract was made upon the basis of gold dust, or gold or silver bullion, and the measure of damages shall be the value of the gold dust, or gold or silver bullion, found to be due and owing from one party to another, at its market value in United States treasury notes at the time it should have been delivered to such party, together with interest.

SEC. 3. This act shall be in force from and after its passage.

[Approved December 31, 1864.1

this Act follows Idaho hab 1, 1864

AN ACT fixing the time of the meeting of the Legislative Assembly of the Territory of Montana.

Be it enacted by the Legislative Assembly of the Territory of Montana :

SEC. 1. That the Legislative Assembly of the Territory of Montana shall hereafter convene at the Territorial capital on the first Monday of November of each year, at twelve o'clock, M., until otherwise provided by law.

SEC. 2. This act to be in force from and after its passage. [Approved December 31, 1864.]

AN ACT concerning chattel mortgages. 25 tower 464

50 Ill 444

Be it enacted by the Legislative Assembly of the Territory

of Montana:

SEC. 1. No mortgage on goods, chattels, or personal property, Mont 149 shall be valid as against the rights and interest of any third person, 1Ne0221

unless possession of such personal property shall be delivered to

remain with the mortgagee, or the said mortgage acknowledged and 40 Mo 101

recorded as hereinafter directed.

SEC. 2. Any mortgageor of goods, chattels, or personal property may acknowledge such mortgage before any justice of the peace or other officer authorized to take acknowledgment of deeds of the county in which he may reside.

SEC. 3. Any mortgage of goods, chattels, or personal property Mont 149 so acknowledged shall be admitted to record by the recorder of the county in which the mortgageor shall reside at the time when the same is made, acknowledged, or recorded, and shall thereupon, if

bona fide, be good and valid from the time it is so recorded for a 25ox 341 space of time not exceeding one year, notwithstanding the property

mortgaged or conveyed by deed of trust may be left in possession

of the mortgageor. Provided, That such conveyance shall provide for the property so to remain with the mortgageor.

Sic. 4. A copy of such mortgage, made, acknowledged, and recorded as aforesaid, certified by the proper recorder, from the proper record, may be read in evidence in any court of this Territory without any further proofs of the execution of the original, if said original be lost or out of the power of the person wishing to use it.

SEC. 5. For recording each mortgage the recorder recording the same shall receive twenty-five cents for every one hundred words, and for copies thereof the same compensation only.

SEC. 6. Any person having conveyed goods or chattels, or any article of personal property, to another, by mortgage, who shall, during the existence of the lien or title created by such mortgage, sell the said goods, chattels, or personal property, or any part thereof, to a third person, for a valuable consideration, without informing him of the existence and effect of such mortgage, shall forfeit and pay to the purchaser twice the value of such property so sold, which forfeiture may be recovered in an action of debt in any court having jurisdiction thereof, or if the amount claimed do not exceed one hundred dollars, before any justice of the peace.

SEC. 7. The provisions of this act shall be deemed to extend to all such bills of sale, deeds of trust, and other conveyances of goods, chattels, or personal property, as shall have the effect of a mortgage or lien upon such property.

SEC. 8. The mortgagee in all mortgages made under this act shall be allowed one day for every twenty miles of the distance between his residence and the county recorder's office where such mortgage ought by law to be recorded to conform with the provisions of this act, before any attachment or execution shall be valid made by the creditor of the mortgageor.

SEC. 9. This act shall take effect and be in force from and after its passage.

[Approved December 31, 1864.]

AN ACT to prevent the counterfeiting of gold dust, &c.

197

87-88

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. That if any person shall counterfeit any kind or species of gold dust, gold or silver bullion, or bars, lumps, pieces, or nuggets of gold or silver, or any description whatsoever of uncoined gold or silver, currently passing in this Territory, or shall alter or

put off any kind of uncoined gold or silver mentioned in this section, for the purpose of defrauding any person or persons, body politic or corporate, or shall make any instrument for counterfeiting any kind of uncoined gold or silver, as aforesaid, knowing the purpose for which such instrument was made, or shall knowingly have in his possession, and secretly keep, any instrument for the purpose of counterfeiting any kind of uncoined gold or silver, as aforesaid, every person so offending, or any person or persons aiding or abetting in or about said offence or offences, shall be deemed guilty of counterfeiting, and upon conviction thereof shall be punished by imprisonment in the penitentiary for a term not less than one year, nor more than fourteen years.

SEC. 2. Every person who shall have in his possession, or receive for any other person, any counterfeit gold dust, gold or silver bullion, or bars, lumps, pieces, or nuggets of gold or silver, or any description whatsoever of uncoined gold or silver, currently passing in this Territory, or entering in any wise into the circulating medium of the Territory, with the intention to utter, put off, or pass the same, or permit, cause, or procure the same to be uttered or passed, with the intention to defraud any person or persons, body politic or corporate, knowing the same to be counterfeit, and being thereof duly convicted, shall be punished by imprisonment in the penitentiary for a term not less than one year nor more than fourteen years.

SEC. 3. This act shall take effect from and after its passage. [Approved December 31, 1864.]

« FöregåendeFortsätt »