The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-03-15
LAWS OF MONTANA.
BY THE SECOND LEGISLATIVE ASSEMBLY
I PROVED BY THE GOVERNOR.
House Biil No. Il.

judicial district the additional district judges SO filling hi said judgcshps shall
in he m district and shall be subject to the I'M liabilities, and shall perform
the same duties as are nov, or may hereafter be imposed, and they shall receive
the sam 0mp @aa as Is now :" may hereafter DC po"'e' y -" - VS.
section .. All Judges within a judicial district whether additional 81 otherwise,
may in all matters and in the exercise IF any and all judicial power exercise their
powers, either together o separately or act INTERCHANGEABLE, pursuant to arrange
ment among themselves, provided that when W orr more of the judges in any
district shall see fit to sit jointly pn the trial or hearing of any judicial matter
n case of disagreement the ruling OF the majority orr but Y maj = SUING M
he ruling of the judge regularly presiding in the said matter, shall be deemed thu
The sad iudse mav also for the convenient transaction of business, both a
chambers n at court, divide their said court into as many, pr less number Q
departments, as there shall be judges in the district appointing, if necessry,a
tenosraph for each department. who shall be in lieu Of and receive like com
penahon as stenographes Of the district COURTS and they shall be entitled to re-
ceve thu services of he clerk of the district court and his deputies in Zach of the
ceedingsi in each thereof or of the respective judges at chambers, in suchm man
ner, and under such regulations as they may direct
Guiding all business pending at he time of the creation of such additional judge
ships or iudgeship, ant apporion the same as may to them seem desirable pro
vided that such classification shall be pursuant to some general plan, which said
plan shall become a rue of court, and be spread at large upon the court minutes.
They may provide by rule for interchange of work and duties, for the signing
of he bills Of exceptions orders, DEGREES and other evidences of proceedings pro
vided, always, that the act ola any single judge, when sitting or acting alone, shall
be deemed TIC be- and be the act of the district court Oft the district wherein he
may hold Office and shall also be deemed to be, if acting at chambers, the act of
the presiding oacer If the cour when so acting in chambers.
And they shall also provide generally as to all matters and things connected
including the transmission by the clerk of all papers and files to the respective
departments to which causes may be assigned by rules lot inconsistent with the
Section 3 A grand jury or panel of trial jurors for each department Of the
and when so drawn and Summoned shall attend the department of the burt for
which the panel was drawn: Provided, that no mor than n grand jury shall
ever be in attendance upon any district court in any of its departments att and
Section a. The term of Office of all additional judges shall be of CORE
spending length as the terms of district judges and they shall be chosen by cleo
be provided by law for the election of district judges: Provided that whenever by
atea in any Judicial district the office or a6cess o createds shall be deemed vacant from
the time of the passage of said act until the election and qualification of an incum-
bent as hcrenbeore provided for, and the said vacancy in the said office may be at
any time after is creation filled by an appointment by the governor of the state.
Approved February a7h, 1891
STATE OF Montana, lss.
l. / Rotvit7 secretary of the state of Montana, do hereby certify that the above
is, witt the exception s"M of corrections aaas in no or s3oF and ind! pa ad oatnc a sad insertion ef sn
a 5s sRssi ;sd ss act tn ssse5nf BY the he ssesss session sa srs eft hs Gssis as sss as:e% s aSa iii ss
state Of Montana Ind approved yJos' K" Tooe' governor ofs' d sats' IN thu
aT I'm t sy N as %Serrsof Fl fhave hereunto set my hand and affixed the great seal
iss7~1 se a &sys + State.
A bill for an act to authorize married M to transact business in their own
Be it enacted by the Legislative assembly of the state of Montana:
Section L.. Married women shall have the right to carry OF and transact bust
ness under their w m and or their account by complying with regu
latons prescribed in this act
Section q Any married woman residing in Montana, DESTROYS to avail herself
of the benefit of this act shall give notice thereof by advertising, in ONE public
cessive weeks; such notice shall set forth that it is her intention to make
annicaHont to the district ourt Of said county, m the day therein named for an
order Of said court permitting her to larry on business in her own name and o
her W account and it shall specifically set ORTIZ the nature of the business to be
carried N. On the day named in the notice or at such future time as the court
may appoint on filing proof of publication TIN court shall proceed to examine the
applicant, IN path, as to the reasonw which induced her to make the application,
and fit appear to the COURT ata proper case Exists shall make al order which
shall be entered IN the minutes. that the applicant be authorized and
ant f tmmo ther causes tending to nrevent his; supporting his family shall moi be
deemed to be sufficient aus for granting this application. Any creditor of the
husband may oppose such application, and shall show thatit is made for the
or will occasion such result and if it shall Sc appear % h court tn application
shall be denied. On the hearing, witnesses may be examined on behalf o either
party. Before making he order, the court Or judge must require of the applicant
an oath in writing to the effect that tn application is lot made for the purpose of
IdehVngo or defraudng IN creditor of her husband. "A cerlhed copy OF said
order. with he oath endorsed thereon shall be recorded in thu office of the
recorder If the county where the business is to be carried on in a book to be kept
for hatp purpose.
Section 3. After the order has beer duly made ant recorded as provided in the
second section of this act the person therein named shall be entitled to carry o n
such business in her own name, and o n her W account and the property,
revenues, moneys and credits SC investeds shall belong exclusively to such married
oma and shall not be liable for IN debts of her husband; IN said married
woman shall be allowed all the privileges and be liable to all legal processes low
or hereafter provided by law against debtors ant creditors, and may u and be
sued aonc, without being Joined with her husband. But nothing contained in this
act shall be deemed to authorize a married woman to garry o. business ih her W
name when the sam is managed or superintendent by her husband.
Section a.. Any married woman avaiing herself Of the benefit of this act shall
be responsible for the maintenance OF her children.
SeciOn < he uband of the wife ayainp herself O. the benefits of this aCt
shall nd be responsible for an debts contracted by her in the course of said
business, without the special consento of her husband, given in writing, nor shall
his separate property be taken on execution for any debts contracted by her.
Section {. Sections 1883, 1884, 1885 1896 1887 1885, I44o, 144, 143 Of
chapter LXXXVI, fifth division general laws compiled statutes of Montana, and
all other acts and parts of acts in conflict with this ct be and the same ar hereby
repealed; but nothing herein contained shall be construed o impair in AM way
the rights acquired by any married woman ass sole trader under the laws of Mon
i tana prior to the passage Oft this act.
: Section T. This act shall take effect from and after its passage and approval by