nation, for the purpose of enabling such association to enter and do business in such state, territory or nation; or whenever such mortgage securities are required for the purpose of foreclosure in suit; or whenever any of such mortgages have been fully paid and liquidated. Provided that at no time shall the amount of securities on deposit with the State Treasurer, or with the duly chartered bank or trust company, be of less value than twenty-five thousand dollars. Applications for the withdrawal of securities as herein provided shall be made by the president, or vice-president and secretary, who shall state under oath the purpose for which the withdrawal of such securities is to be made. Section 28. Sections 770, 771, 772, 773, 774, 775, 776, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 800, 801, 802, 803, 804, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, and 845 of the Civil Code of Montana are hereby repealed. Section 29. This act shall take effect from and after June 1st 1897. HOUSE BILL NO. 78. VIII:78-583 An Act to Amend Section 1080 of Article II of Chapter IV, Title VIII, of Part II, of the Code of Civil Procedure of the State of Montana," relating to the order of proceedings in the trial of civil actions. Be it enacted by the Legislative Assembly of the State of Montana: That Section 1080 of Article II, of Chapter IV, of Title VIII, of Part II, of the Code of Civil Procedure of the State of Montana, be and the same is hereby amended so as to read as follows: "Section 1080. When the jury has been sworn, the trial shall proceed in the following order, unless the court for good cause, and special reasons otherwise direct: 1. The party on whom rests the burden of issues may briefly state his case, and the evidence by which he expects to sustain it. 2. The adverse party may then or at the opening of his case, briefly state his defense, and the evidence he expects to offer in support of it. 3. The party on whom rests the burden of issues must first produce his evidence; the adverse party will then produce his evidence. 4. The parties will then be confined to rebutting evidence, unless the court, for good reason, in furtherance of justice, permits them to offer evidence in their original case. 5. When the evidence is concluded unless the case is submitted to the jury on either side or on both sides, without argument, the party on whom. rests the burden of proof must commence and may conclude the argument. 6. If several defendants having separate defenses, appear by different counsel, the court must determine their relative order in the evidence and argument. 7. When the evidence is concluded, or at any time before the case is finally submited to the jury, if either party desires special instructions to be given to the jury, such instructions shall be reduced to writing by the party or his attorney asking the same, and delivered to the Court. The court shall either give each instruction as requested, or positively refuse to do so, or give the instruction with a modification, and shall mark or endorse upon each instruction so offered in such manner so that it shall distinctly appear what instructions were given in whole or in part, and, in like manner those refused. All instructions given by the Court must be filed together with those refused, as a part of the record. 8. When the argument is concluded the court shall charge the jury in writing giving in connection therewith, such instructions as are offered and allowed. The charge of the court, the instructions given and the modifications thereof, and the refusal to give instructions shall be deemed excepted to and no bill of exceptions shall be required. 9. In charging the jury the Court shall give to them all matters of law, which it thinks necessary for their information in rendering a verdict." Approved March 1, 1897. HOUSE BILL NO. 68. An Act to amend Section 1632 and 1633 of Chapter VIII, of Title XI, of Part II, of the Code of Civil Procedure of the State of Montana relating to justice of the peace judgments. Be it enacted by the Legislative Assembly of the State of Montana: Section 1. That Section 1632 of Chapter VIII, of Title XI, of Part II, of the Code of Civil Procedure of the State of Montana be and the same is hereby amended so as to read as follows: Section 1632. From the time of docketing in the clerks office execution may be issued thereon by the clerk to the Sheriff of any County in the State, in the same manner and with like effect as if issued on a judgment of the district court." Section 2. That Section 1633 of Chapter VIII, of Title XI, of Part II of the Code of Civil Procedure of the State of Montana be and the same is hereby amended so as to read as follows: Section 1633. The judgment rendered in a justice's court creates no lien upon any lands of the defendant, unless such abstract is filed as aforesaid in the office of the Clerk of the District Court of the county in which the lands are situated. When so filed, and from the time of filing the judgment becomes a lien upon all real property of the judgment debtor, not exempt from execution, in such county, owned by him at the time, or which he may afterwards, and before the lien expires, acquire. The lien continues for six years, unless the judgment be previously satisfied." Approved February 19, 1897. HOUSE BILL NO. 58. An Act to amend Section 1641, of Chapter IX, of Title XI, of Part II, of the Code of Civil Procedure of the State of Montana, relating to executions from the justice of the peace courts. Be it enacted by the Legislative Assembly of the State of Montana: That Section 1641 of Chapter IX, of Title XI, of Part II, of the Code of Civil Procedure be and the same is hereby amended so as to read as follows: Section 1641. The execution must be directed to the sheriff or to a constable of the county, and must be subscribed by the justice and bear date the day of its issuance. It must intelligibly refer to the judgment, by stating the names of the parties, and the name of the justice before whom, and of the county, and the township, town or city where, and the time when, it was rendered; the amount of judgment if it be for money; and if less than the whole is due, the true amount due thereon.It must contain, in like cases, similar directions to the sheriff or constable, as are required by the provisions of Title IX, Part II, of this Code, in an execution to the sheriff, except that it shall not direct the officer to in any manner levy upon or satisfy the judgment or any interest thereon from any real property." Approved February 19, 1897. SENATE BILL NO. 42. An Act to Amend Section 2530 of Chapter III, Article IX, of the Code of Civil Procedure, and specifying the disqualifications of Judges in Probate Proceedings. 33-141 Be it enacted by the Legislative Assembly of the State of Montana: Section 1. That Section 2530 of Chapter III, Article IX, of the Code of Civil Procedure be and the same is hereby amended so as to read as follows: Section 2530. No will shall be admitted to probate or letters testamentary or of administration granted, before any Judge who is interested as next of kin to the decedent, or as legatee or devisee under the will, or when he is named as executor or trustee in the will or is a witness thereto, and any Judge who shall have acted as Attorney for the decedent in the preparation or drawing of the will, or as the attorney of the executor or administrator of the estate of any deceased person, in the administration of the estate of such deceased person, or as the attorney of any legatee or devisee under the will, or heir of the decedent, or of any person or persons claiming to be such legatee, devisee or heir, shall from and after the approval of this Act be disqualified from making any order, or rendering any judgment or decree, or doing anything whatsoever in the matter of the estate of such deceased person. Whenever it shall be made to appear of record that any Judge presiding in any Court in which proceedings in probate matters have been or are about to be instituted is disqualified from acting therein it shall be the duty of such Judge to as soon thereafter as practicable request the nearest District Judge to preside in the place of the Judge so disqualified in such proceedings. It shall be the duty of the Judge so requested, if he not himself disqualified, to, from time to time as occasion may require, preside in the place of the disqualified Judge in all proceedings in such probate matters. Section 2. All acts or parts of acts inconsistent herewith are hereby repealed. Approved March 5, 1897. 80-204 42-265 HOUSE BILL NO. 51. An Act to amend Section 3162 of the Code of Civil Procedure, relating to witnesses. Be it enacted by the Legislative Assembly of the State of Montana: Section 1. That Section 3162 of the Code of Civil Procedure be and the same is hereby amended so as to read as follows: 33-319 Section 3162. The following persons cannot be witnesses. 33-334 1. Those who are of unsound mind at the, time of their production for examination. 2. Children under ten years of age, who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly. Parties or assignees of parties to an action or proceeding or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator, upon a claim or demand against the estate of a deceased person, as to any matter of fact occurring before the death of such deceased person. Section 2. This Act shall be in force and effect from and after its passage and approval by the Governor. Approved February 19, 1897. 88-778 HOUSE BILL NO. 77. An Act to amend Section 705 of Title X of the Penal Code of the State of Montana, to have the cages in all mines cased in. Be it enacted by the Legislative Assembly of the State of Montana: Section 1. That Section 705 of Title X of the Penal Code of the State of Montana, of an Act concerning crimes against the public health and safety, approved March 15, 1895, be, and the same is hereby amended to read as follows: "Section 705. It is unlawful for any corporation or person to sink, or work, through any vertical shaft where mining cages are used, to a greater depth than three hundred feet, unless said shaft shall be provided |