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Fourth, An action for libel, slander, assault, battery, or false imprisonment. Fifth, An action against a sheriff, or other officer for the escape of a prisoner arrested or imprisoned in civil process. Sixth, An action upon any amount for goods, wares or merchandise, sold and delivered, and upon any express or implied promise, not above enumerated.
SEC. 9. Actions upon any indebtedness, liability, contract, express or implied, or upon any instrument in writing given by any person prior to his arrival in this Territory, shall be commenced within three months after the same shall have accrued, and become due and payable, and not afterward.
SEC. 10. The preceding provision shall not apply to, or effect any contract, liability or indebtedness, which may exist or may hereafter exist in relation to, or upon any purchase, sale or bargain for goods or personal property bought or purchased, or bargained for with the intention to bring, or for having brought such goods or property into this Territory.
SEC. 11. An action for relief not hereinbefore provided for, must be commenced within three years after the cause of action shall have accrued.
SEC. 12. The limitations prescribed in this act shall apply to actions brought in the name of the Territory, or for the benefit of the Territory, in the same manner as to actions brought by private parties.
SEC. 13. If when the cause of action shall accrue against a person when he is out of the Territory, the action may be commenced within the time herein limited after his return to the Territory; and if after the cause of action shall have accrued, he depart from this Territory, the time of his absence shall not be a part of the time limited for the commencement of the action.
SEC. 14. If a person entitled to bring an action mentioned in this act, other than for a penalty or forfeiture, or against a sheriff or other officer for an escape, be at the time the cause of action accrued, either: First, Within the age of twenty-one years; Second, Insane; or, Third, A married woman: The time of such disability shall not be a part of the time limited for the commencement of the action.
SEC. 15. If a person entitled to bring an action, die before the expiration of the time limited for the commencement thereof, and
the cause of action survive, an action may be commenced by his representatives after the expiration of that time, and within one year after the time of his death. If a person against whom an action may be brought, die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his executors or administrators, after the expiration of that time and within one year after the issuing letters testamentary or of administration.
SEC. 16. When a person shall be an alien, subject or citizen of a country at war with the United States, the time of the continuance of the war shall not be a part of the time limited for the commencement of the action
SEC. 17. If the action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be rendered on error or appeal, the plaintiff, or if he die, and the cause of action survive, his heirs or representatives may commence a new action within one year after the reversal.
SEC. 18. When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of the injunction or probibition shall not be a part of the time limited for the commencement of the action.
SEC. 19. No person shall avail himself of a disability unless it existed at the time his right of action accrued.
SEC. 20. When two or more disabilities co-exist at the time the right of action accrues, the limitation shall not attach until they all be removed.
SEC. 21. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this act, unless the same is contained in some writing signed by the party to be charged thereby, but this act shall not alter the effect of any payment of principal or interest.
SEC. 22. Whenever any payment of principal or interest has been or shall be made upon an existing contract, whether it be bill of exchange, promissory note, bond or other evidence of indebtedness, if such payment shall be made after the same shall have become due, the limitation shall commence from the time the last payment was made.
SEC. 23. When the cause of action shall have arisen in any other State or Territory of the United States, or in a foreign coun
try, and by the laws thereof, an action cannot be maintained against a person by reason of the lapse of time, no action thereon shall be commenced against him in this Territory.
SEC. 24. No action founded upon any judgment or decree of any court outside of this Territory shall be commenced after the expiration of one year from the rendition thereof.
SEC. 25. This act shall take effect and be in force from and after its passage and approval by the governor.
[Approved February 9, 1865.]
AN ACT amendatory to an Act entitled an Act in relation to Conveyances.
Be it enacted by the Legislative Assembly of the Territory of Montana:
SEC. 1. That any citizen, by deed, mortgage, or other conveyance, conveying property situated in this Territory, who has a wife living in any other State or Territory, can convey the full title to such property by his own signature, and the want of the signature of the said wife shall in no wise invalidate said conveyance.
SEC. 2. This act shall take effect and be in force from and after the date of its passage.
[Approved Febraary 9, 1865.]
AN ACT regulating the fees of Officers, Jurors, and Witnesses.
Be it enacted by the Legislative Assembly of the Territory of Montana:
FEES OF THE CLERK OF THE DISTRICT COURT.
Filing each paper required to be filed,
For issuing summons, or other process not herein expressly named, and sealing the same,
For subpoena, provided that only one subpoena shall be issued on the part of the plaintiff or defendant unless requested by the parties,
For taking appeal bonds,
For taking bonds for costs,
For entering each order, default, or rule of court,
For each discontinuance or non suit,
For calling and swearing each jury,
For swearing any person to an affidavit and filing the same,
For entering each decree in chancery per folio of one hun-
For issuing each writ of habeas corpus, certiorari or procurdendo,
For issuing each writ of injunction, ques warranto, or mandamus,
For assessing the damages on any bond, note, or other in-
For docketing the same,
For extending the sheriff's return on each execution,
For entering satisfaction of judgment,
For entering the report of commissioners or referees, or the award of arbitrators, and all other special entries per folio of one hundred words,
For each certificate and seal other than the process of the
For taking and approving appeal, or any other bond, each,
For each attachment for a witness or other person,
For each venire facias,
For making bill of costs per each exception,
Entering the same of record in the fee book, being over
For making complete record per each folio of one hundred words,
For making copy of any paper in any case per folio of one hundred words,
For certifying and sealing the same when required,
For filing and recording declaration of intent to become a citizen of the United States,
For final naturalization papers, including oath, recording copy, certificate and seal,
For taking each recognizance in court and entering the same of record,
For arraigning prisoner at the bar,
For entering judgment of conviction,
For copy of indictment registered per folio,
For entering discharge of fecognizance,
For copies of the lists of grand and petit jurors when requested in a criminal case,
For entering attorneys on roll, administering oath, certificate and seal,
For serving and returning of summons on each party,
For advertising property for sale,
For entering each writ or other process,
For each mile traveled on such service,
For serving writ of possession with aid of posse comitatus,
1.50 75 2.00
For levying execution,
For serving and returning sire facias,
For committing or discharging any prisoner to or from jail, 1.00 For dieting prisoners per day,
For attending before any judge with prisoner with writ of