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SEC. 320. An action for the foreclosure of a mortgage of personal Foreclosure. property, or the enforcement of any lien thereon, of whatever nature, may be commenced and conducted in the same manner as provided by law for the foreclosure of mortgages and liens upon real property, and the same may be joined in an action for the recovery of the possession of the property mortgaged; but it is lawful for the mortgagor of personal property to insert in his mortgage a clause authorizing the marshal to execute the power of sale therein granted to the mortgagee, his legal representative and assigns, in which case the marshal, at the time of default, at the request of the mortgagee, must, and it is hereby made his duty to, advertise and sell the whole or any part of the mortgaged property, wherever it may be, and the mortgagee or his representative or assigns may, in good faith, purchase the property so sold, or any part thereof. The marshal may require an indemnity bond from the mortgagee or his assigns before taking possession of or selling the mortgaged property.

Satisfaction of

SEC. 321. Whenever the debt or obligation secured by any mortgage of personal property which has been filed in the office of the recorder mortgage. as provided in this chapter shall be paid or discharged, an acknowledgment of satisfaction, signed by the mortgagee, his legal representative or assigns, must be indorsed upon the mortgage or copy thereof filed as aforesaid, and the fact of such discharge or satisfaction noted by the recorder in the book kept by him, as provided in section three hundred and fourteen of this title, opposite the names of the parties to such mortgage.

SEC. 322. Any person having conveyed any goods, chattels, or perPenalty for sellsonal property to another by mortgage who shall, during the existence ing mortgaged of the lien or title created by such mortgage, sell the property or any chattels. part thereof to a third party 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.

Mortgage on

SEC. 323. The lien of a mortgage on a growing crop continues on the crop after severance, whether remaining in its original state or growing crops. converted into another product, so long as the same remains on the land of the mortgagor.

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SEC. 324. Limited partnerships for the transaction of mercantile, mechanical, or manufacturing business may be formed within the district by two or more persons, upon the terms and subject to the conditions and limitations contained in this chapter.

Limited partnerships, for what purpose formed.

SEC. 325. A limited partnership may consist of one or more persons, General and spewho are known and called general partners, and are jointly and sever- cial partners, their aily liable as general partners now are by law, and of one or more nition of. liability and defipersons who shall contribute to the common stock a specific sum in actual money as capital, and are known and called special partners,

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Certificate for

filed.

and are not personally liable for any debts of the partnership except as in this chapter specially provided.

SEC. 326. The persons forming such partnerships shall make and limited partner- severally subscribe a certificate in duplicate and file one of such cership, what to contain' and where tificates with the recorder of the precinct in which the principal place of business of the partnership is to be. Before being filed the execu tion of such certificate shall be acknowledged by each partner subscribing it before some officer authorized to take acknowledgments of deeds; and such certificate shall contain the name assumed by the partnership and under which its business is to be conducted, the names and respective places of residence of all the general and special partners, the amount of capital which each special partner has contributed to the common 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.

Certificate to be

of false statement therein.

SEC. 327. Such partnership can not commence before the filing of published; effect the certificate of partnership; and if a false statement is made in such certificate all the persons subscribing thereto are liable as general partners for all the debts of the partnership. The partners shall, for four successive weeks immediately after the filing of the certificate of partnership, publish a copy of the same in some newspaper published in the precinct where the principal place of business of the partnership is, or, if no such paper be published therein, then in some newspaper in general circulation therein, and until such publication is made and completed the partnership is to be deemed general.

Limited partnership, how contin

ued and renewed.

SEC. 328. A limited partnership may be continued or renewed by making, acknowledging, filing, and publishing a certificate thereof in the same manner provided in this chapter for the formation of such partnership originally; and every such partnership not renewed or continued as herein provided from and after the expiration thereof according to the original certificate shall be deemed a general partnership.

Effect of using SEC. 329. The business of the partnership shall be conducted under a name of special name in which the names of the general partners only shall be inserted, partner. without the addition of the word "company" or any other general term. If the name of any special partner is used in such firm with his consent or privity, he shall be deemed and treated as a general partner; or if he personally makes any contract respecting the concerns of the partnership with any person except the general partners, he shall be deemed and treated as a general partner in relation to such contract, unless he makes it appear that in making such contract he acted and was recognized as a special partner only.

Capital stock SEC. 330. During the continuance of any partnership formed under not to be reduced this chapter no part of the capital stock thereof shall be withdrawn nor during partnership. any division of interests or profits be made so as to reduce such capital stock below the sum stated in the certificate of partnership before mentioned; and if at any time during the continuance or at the termination of such partnership the property or assets thereof are not sufficient to satisfy the partnership debts, then the special partners shall be severally liable for all sums or amounts by them in any way received or withdrawn from such capital stock, with interest thereon from the time they were so received or withdrawn respectively.

Actions, etc., by

bers of partnership.

SEC. 331. All actions or proceedings respecting the business of such and against mem- partnership shall be prosecuted by and against the general partners only, except in those cases where special partners or partnerships are to be deemed general partners or partnerships, in which case all the partners deemed general partners may join or be joined therein; and excepting also those cases where special partners are severally liable on account of sums or amounts received or withdrawn from the capital stock as provided in the preceding section.

of

Dissolution

published.

SEC. 332. No dissolution of a limited partnership shall take place except by operation of law before the time specified in the certificate partnership, noof partnership, unless a notice of such dissolution, subscribed by the tice, how filed and general and special partners, is filed with the original certificate of partnership, or, the certificate, if any, renewing or continuing such partnership, nor unless a copy of such notice be published for the time and in the manner prescribed for publication of the certificate of partnership.

When to be con

SEC. 333. In all cases not otherwise provided for in this chapter all the members of limited partnerships shall be subject to all the liabili- sidered general ties and entitled to all the rights of general partners.

CHAPTER THIRTY-THREE.

INJURY TO LIVE STOCK BY RAILROADS.

partners.

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334. Railway companies liable for killing 338. Proof of killing or injury to be

stock, when.

335. What is lawful fencing of track. 336. Notice of animal killed or injured. 337. Penalty for failing to file notice.

deemed conclusive evidence of
negligence.

339. Service of summons in cases arising
under the provisions of this chap-

ter. Legal fence, definition of.

when.

SEC. 334. Any person, persons, company, or corporation, or lessee Railway comor agent thereof, owning or operating any railroad within the district, panies liable for shall be liable for the value of any horses, mules, colts, cows, bulls, killing stock, calves, hogs, or sheep killed, and for reasonable damages for any injury to any such live stock upon or near any unfenced track of any railroad in the district, wherever such killing or injury is caused by any moving train or engine or cars upon such track. A substantial wire fence. four feet high, constructed with four strands of wire or its equivalent, shall be a legal fence.

SEC. 335. No railroad track shall be deemed to be fenced within the meaning of this chapter unless such track is guarded by such fence against the entrance thereon of any such live stock on either side of the track, and not more than one hundred feet distant therefrom:

Provided, Complete natural defenses against the entrance of such stock upon the track, such as natural walls or deep ditches, shall be deemed and held to be a fence within the meaning of this chapter when the same, in connection with other and ordinary lawful fences, form a continuous guard and defense against the entrance of such live stock upon the track.

Fencing of track.

Notice of animal

SEC. 336. Whenever any such live stock mentioned in section three hundred and thirty-four is so killed or injured upon the unfenced rail- killed or injured. road track of any railroad in the district, the person, persons, company, or corporation owning or operating such railroad, or his or their lessees or agents, or some proper and authorized agent or employee thereof, shall immediately cause to be filed a notice of such killing or injury by filing a concise description of the animal or animals so killed or injured, including any and all brands, earmarks, or other marks of ownership, and, if only injured, the nature of such injury, with the railroad agents at the two extremities of the section on which such killing or injury took place; the description shall be open to inspection at all reasonable hours of each week day for one month after such killing or injury took place.

Penalty for fail

SEC. 337. Any person, persons, company, or corporation, or his or their lessees or authorized agents, owning or operating any railroad ing to file notice. within the district, who shall neglect or fail to file or cause to be filed the notice provided for in the preceding section, shall be deemed

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guilty of a misdemeanor, and on conviction thereof shall be fined not exceeding two hundred dollars for each offense.

Proof of killing SEC. 338. In every action for the recovery of the value of any live or injury to be stock mentioned in section three hundred and thirty-four so killed, or deemed conclusive evidence of negli- for damages for injury to the same, as herein before provided, proof of such killing or injury shall of itself be deemed and held to be conclusive evidence of negligence upon the part of the person, persons, company, or corporation, or his or their lessees or agents, owning or operating such railroad:

gence.

Service of summons in cases arising under the provisions of this chapter.

Provided, Contributory negligence on the part of the plaintiff in such action may be set up as a defense:

But provided further, The allowing of stock to run at large upon common unfenced range or upon inclosed land owned or in possession of the owner of such stock shall not be deemed or held to be such contributory negligence:

Provided further, In any such action proof of willful intent on the part of the plaintiff therein to procure the killing or injury of any such stock in the manner aforesaid shall defeat the recovery of any damages for such killing or injury.

SEC. 339. In any action authorized by this code service of summons or any other necessary process may be made upon any person, persons, company, or corporation, or his or their lessees or agents, owning or operating any railroad in the district, by personal service upon any authorized agent thereof residing or stationed in the precinct where such action is brought.

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345. General duties of ferry keepers.
346. Commissioner to fix regular fare;
penalty for illegal fare.

Ferry keeper, exclusive right to transport.

351.

352.

How licenses to keep ferry forfeited. Penalty for keeping ferry without license.

Ferry license.

-taxation of.

To whom license granted.

347. Commissioners may alter rates of1
fare.

SEC. 340. The commissioner of any precinct in the district may grant a license to any person applying therefor to keep a ferry across any lake or stream within his precinct, upon being satisfied that a ferry is necessary at the point applied for, which license shall continue in force for a term to be fixed by the commissioner, not exceeding five years:

Provided, however, Nothing in this chapter shall be so construed as to empower the commissioner of any precinct in the district to grant a license for a ferry across any bay or arm of the sea.

SEC. 341. The commissioner shall tax such sum as shall appear reasonable, not less than one nor more than one hundred dollars per annum, for such license; and the person to whom such license shall be granted shall pay to such commissioner the tax for one year in advance, taking his receipt therefor; and upon the payment of such license tax the commissioner shall issue such license under the seal of his office, and deposit the sum so received with the clerk of the district court, who shall turn the same, according to law, into the Treasury of the United States.

SEC. 342. Unless otherwise provided by law no such license shall be granted to any person other than the owner of the land embracing or

adjoining such lake or stream where the ferry is proposed to be kept, unless the landing place of such proposed ferry shall be on government land at the end of a street in an incorporated city or town, or unless the owner shall neglect to apply for such license; and whenever application shall be made for a license by any person other than such owner, the commissioner shall not grant the same unless proof be made that the applicant caused notice, in writing, of his intention to make such application to be given to such owner, if residing in the precinct, at least thirty days before the application before the commissioner is made, unless the landing place of such proposed ferry shall be at the end of a street in an incorporated city or town as aforesaid.

Notice of application for license.

Undertaking of

SEC. 343. Every person intending to apply for a license to keep a ferry at any place shall give notice of such intention by posting up notices in at least three public places in the neighborhood where the ferry is proposed to be kept thirty days prior to the time when application shall be made: Provided, When application shall be made for the renewal of the license, where the former license has expired, the same may be granted or renewed without previous notice or petition. SEC. 344. Every person applying for a license to keep a ferry shall, before the same is issued, enter into a bond or undertaking to the applicant. United States, with one or more sureties, to be approved by the commissioner, in a sum not less than one hundred nor more than five hundred dollars, conditioned that such person will keep the ferry according to law, the bond to be filed in the office of the commissioner; and if default shall at any time be made in the condition of such bond or undertaking, damages, not exceeding the penalty, may be recovered by any person aggrieved.

General duties of

SEC. 345. Every person obtaining a license to keep a ferry shall provide and keep in good and complete repair the necessary boat or boats ferry keepers. for the safe conveyance of all persons and property, and furnish such boats at all times with suitable oars, setting poles, and other implements necessary for the service thereof, and shall keep a sufficient number of discreet and skillful men to attend and manage the same; and he shall also at all times keep the place of embarking and landing in good order and repair by cutting away the bank of the lake or stream so that persons and property may be embarked and landed without danger or unnecessary delay.

Commissioner to

SEC. 346. Whenever the commissioner of any precinct shall grant a license to keep a ferry across any lake or stream he shall establish the fix regular fare. rates of ferriage which may be lawfully demanded for the transportation of persons and property across the same, having due regard to the breadth and situation of the stream and the dangers and difficulties incident thereto, and the publicity of the place at which the same shall have been established; and every keeper of a ferry who shall at any time demand and receive more than the amount so designated for ferry- gal fare. ing shall forfeit and pay to the party aggrieved for every such offense the sum of five dollars over and above the amount which shall have been illegally received, to be recovered before any commissioner having jurisdiction.

Penalty for ille

fare.

SEC. 347. The commissioners of the several precincts be, and they Commissioners are hereby, authorized to fix, alter, and establish from time to time may alter rates of the rates of ferriage to be levied and collected at all ferries now established or hereafter to be established by law within or bordering upon the precinct lines of any of the precincts in said district.

List of rates to

ferry.

SEC. 348. Every person licensed to keep a ferry shall post up in some conspicuous place near his ferry landing a written or printed list be posted up near of the rates of ferriage which are chargeable by law at the ferry, which list of rates shall at all times be written in a plain, legible manner and posted up so near the place where persons shall pass across

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