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shall be made.

"Sec. 567. Motions shall be made in the county Motions where in which the action is brought, or in any adjoining county in the same district: Provided, however, That in case of the absence of the judge of the district from his district, such motion may be made before the judge of any adjoining district. Written notice of a motion, as provided in this act, shall only be required in case of a motion made out of term time. Notice of a motion made in term time, ex- Notice of mocept those made during the progress of a trial, shall tions how be entered in a book to be kept for that purpose, and called the motion book; and such motion shall be for hearing after twenty-four hours from the time such notice is entered in the motion book."

Sec. 2. All acts and parts of acts in conflict with Acts repealed. this (act) are hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its passage.

Approved February 9, 1876.

CORPORATIONS.

AN ACT to amend an Act entitled "An Act revising, re-enacting and codifying the general and permanent laws of Montana Territory."

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

Section 1. Section 47 of chapter 18 of an act entitled "An Act revising, re-enacting and codifying the general and permanent laws of Montana Territory," approved January 12th, 1872, is hereby amended so as to read as follows:

"Sec. 47. That any company or corporation incorporated as in section one (1) of this act, that shall

company not

certificate of in

Incorporated neglect or refuse, for the period of thirty days, to filing charter or file for record their charter or certificate of incorpocorporation, ration, or copy thereof, with the secretary of the guilty of wilful negligence. territory and county recorder of the county wherein such business may be carried on, shall be deemed guilty of wilful negligence on the part of said company or corporation; and, thereafter, any person or persons maintaining or prosecuting any civil action in any court of this territory against said company When corpora- or corporation so neglecting or refusing to file for tion guilty of wilful neglect, record their charter or certificate of incorporation, same mayor copy thereof, with the secretary of the territory of, by reputa- and county recorder, as herein before provided, shall

party suing

prove existence

tion.

not be held to prove on trial, the incorporation of said company or corporation by the original charter or certificate of incorporation, or act of incorporation; but the same may be proved by general reputation. And the provisions of this section shall also apply to all companies and incorporations, incorporated by the legislature, or under the general laws of incorporation of any state or territory of the United States, other than this territory, that shall have failed or refused to file its charter, or certificate of incorporation, or act of incorporation, or a copy thereof duly authenticated, as provided in section 46 of this act, with the secretary of the territory and the county recorder of the county in which such company or corporation is carrying on business prior to the commencement of the civil action mentioned in this section.

Approved February 3, 1876.

CORPORATIONS.

AN ACT to provide for the formation of corportions other than those for pecuniary profits.

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

Sec. 1. Any number of persons not less than three, may associate themselves together and become incorported for the purpose of establishing and conducting colleges, seminaries, libraries, or any scientific, medical, legal, social, agricultural, benevolent, or missionary societies, fire department, association or any society for the purpose of instruction in any art or science as provided herein.

Sec. 2. They may adopt and sign articles of association, and acknowledge the same before some officer authorized by law to take acknowledgments of deeds, which certificate shall show, First, The name of the corporation, its general purpose and plan of operation, the length of its existence, which shall not exceed twenty years, and the place of its location. Second, The terms of admission to membership, and the amount of monthly, quarterly, or yearly contributions required of its members. Third, If there is capital stock, the number of shares and the amount constituting a share. Fourth, The officers of the corporation or society, with time and place of appointing or electing the same, and the number of trustees or directors, if any, who are to conduct the transactions of the society during the first year of its existence. Said certificate shall be recorded in the office of the county recorder of the county in which said society shall be located, and a duplicate copy of such certificate shall be filed in the office of the secretary of the territory.

Sec. 3. Upon filing and recording such certificate as aforesaid, the persons therein named shall be.

come a body politic and corporate, with power to sue and be sued by its corporate name, to have a common seal, which may be altered at pleasure, to establish by-laws, and make all rules and regulations deemed expedient for the managament of its affairs in accordance with law.

Sec. 4. No dividend or distribution of property among the members or stockholders of any corporation formed under the provisions of this act shall be lawful, until the dissolution of such corporation.

Sec. 5. Any corporation formed under the provisions of this act shall have the right to take by purchase, gift, grant, or devise, and hold and use so much real estate, and no more, as may be necessary to enable it to carry out the object for which it was formed.

Sec. 6. The trustees of any coliege or seminary incorporated under provisions of this act, besides the general powers and privileges aforesaid, shall have power, First, To appoint and fix the salaries of a president, professors, tutors, and such other officers and agents as they may deem necessary and remove them at pleasure. Second, To direct and prescribe the course of study and discipline to be observed in the institution, and to grant such literary honors and degrees as are usually granted by any such institution in the United States. And in testimony thereof to give suitable diplomas under their seal, and the signatures of such officers of the institution as they may deem expedient.

Sec. 7. Any institution or society now in existence in this territory of the character mentioned in section one of this act, may enjoy all the benefits of this act, by complying with the provisions thereof, and may, by a vote of a majority of the members of such society, association, or company, to be taken in accordance with the by-laws or other legal regulations thereof, determine to avail itself of the pro

visons of this act, and to take and assume corporate name and powers thereunder; and may, by like vote, transfer to such corporation, when formed, all its property, real, personal and mixed, and thereupon said corporation to which such property is so transferred, shall take and hold the same, in the same manner, to the same extent, and with like effect, as the same was previously owned and held by the society, company, or association, so transferring the same, and may in its corporate name, sue for, and collect, all debts, dues, demands, subscriptions, devices, and bequests thereof. The said corporation so taking such property, shall take the same subject to all liens, trusts, and limitations, both legal and equitable, to which the same was subject before such transfer; and shall also be liable for all debts and obligations of such previous company or associa tion, and shall pay the same to the full extent of the value of such property at the time of taking the

same.

Approved February 9th, 1876.

COSTS.

AN ACT relative to costs in divorce cases.

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

Sec. 1. That section seven, of chapter twenty

66

amended.

two, of " An Act revising, re-enacting and codifying Section
the general and permanent laws of Montana terri-
tory, be amended so as to read as follows:

Woman

may for divorce

"Sec. 7. Any woman suing for a divorce who shall make it appear satisfactorily to the court that prosecute suit she is poor and unable to pay the expenses of such without costs if suit, shall be allowed by the court to prosecute her same. suit without costs."

unable to pay

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