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into and declared to be a county, to be known as Gregory county, to wit: commencing in the centre of the main channel of the Missouri river opposite the north-west corner of the Fort Randall Military Reserve; thence on the west line of said reserve to the south-west corner of the same; thence west on a direct line to a point on the Niobrarah river, where the west boundary line of the tract of lands ceded to the United States by the Ponka Indians strikes the same; thence on the last-named boundary line to the Missouri river; thence down the centre of the main channel of the last-named river, to the point of commencement.

Todd county for stated purposes.

SECT. 4. That the said county of Gregory be, and the Attached to same is hereby attached to the county of Todd, for revenue, election, and judicial purposes.

Boundaries of the county of

SECT. 5. That so much territory as is embraced in the following described limits be, and the same is hereby created Charles Mix. into and declared to be a county, to be known as Charles Mix county, to wit: commencing at the north-east corner of the Yankton Indian Reserve; thence north to Fire Steel creek; thence east up the main channel of said creek to its source; thence on a direct line to the head of the main branch of Fish or Pratt creek; thence down the main channel of said creek to the Missouri river; thence down the main channel of said river to the south-west corner of the Yankton Indian Reserve; thence on the west line of said reserve to the north-west corner of the same; thence on the north line of said reserve to the point of commencement.

clared county

SECT. 6. The county seat of said county of Charles Mix Papineau deis hereby located and established at Papineau on the Missouri river, on the claim of Mr. Papineau.

seat.

the county of

SECT. 7. That so much territory as is embraced in the Boundaries of following described limits be, and the same is hereby created Bruguier. into and declared to be a county, to be known as Bruguier county, to wit: commencing at the mouth of Fish or Pratt creek; thence up the main channel of said creek to the source of its main branch; thence on a direct line to the source of Fire Steel creek; thence due west to the Missouri river; thence down the main channel of said river to the point of beginning. SECT. 8. The said county of Bruguier is hereby attached to the county of Charles Mix for election, judicial, and county for stated revenue purposes.

Attached to

Charles Mix

purposes.

Take effect, when.

SECT. 9. This act to take effect and be in force from and after its passage, and its approval by the governor.

Approved May 8, 1862.

W. JAYNE, Governor.

Boundaries of the county of

Yankton.

Town of Yank

ton declared

county seat.

Take effect, when.

CHAPTER 19.

A BILL FOR AN ACT TO CREATE AND ESTABLISH THE COUN-
TY OF YANKTON, TO DEFINE THE BOUNDARY LINES, AND.
TO LOCATE THE COUNTY SEAT THEREOF.

Be it enacted by the Legislative Assembly of the Territory of
Dakota:

SECTION 1. That so much territory as is embraced in the following described limits, be and the same is hereby created into and declared to be a county to be known as Yankton county, to wit: commencing at a point on the Missouri river where the range line dividing ranges 53 and 54 west of the fifth principal meridian strikes said river; thence north on said range line to the north-east corner of township 96, north range 54 west; thence west on the north boundary line of township 96, to the range line dividing ranges 57 and 58; thence south on said range line to the Missouri river; thence down the main channel of the Missouri river to the point of beginning.

SECT. 2. The town of Yankton is hereby declared to be the county seat of Yankton county, and the seat of justice is hereby located and established at the same.

SECT. 3. This act shall take effect and be in force from and after its passage, and approval by the governor.

Approved April 10, 1862.

W. JAYNE, Governor.

CHAPTER 20.

AN ACT TO PROVIDE FOR THE LOCATION OF THE COUNTY
SEATS IN THE COUNTIES OF THIS TERRITORY.

Be it enacted by the Legislative Assembly of the Territory of

Dakota:

ordered and

SECTION 1. That when any number of the legal voters of Election, how any county in this territory equal to one half the highest when. number of votes cast at the next preceding general election in such county, shall, at least thirty days previous to the next ensuing election, petition the county commissioners of such county to be allowed to vote on the removal or location of the county seat of such county, to any point within such county, the said commissioners shall cause to be inserted in the notices for the next general election, an article requiring the voters of such county to vote on the removal of the county seat to, or the location thereof, at the point named in the petition. That only one point of removal or location shall be voted for in each year, and that point shall be the one presenting the largest number of petitions: Provided, That Proviso. the same point was not voted for at the last preceding election, and that it shall be lawful for said petitioners to deposit any sum of money or bonds with the county treasurer, which they may propose to donate for the erection of public buildings at the point petitioned for: Provided, That in any of the Proviso. counties of the territory in which the county seat has been or shall hereafter be located by a vote of the electors of said county, the place at which the county seat is so located shall be and remain the county seat at least three years after the time of taking such vote; and no new vote shall be had on the re-location of the county seat until the expiration of said three years.

SECT. 2. The voters of any county, so notified, shall vote Form of ballot. at the next general election on the removal or location of

their county seat by ballot, written or printed as follows:

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(filling the blank with the place

"For county seat at
named in the petition), or "Against county seat at

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(filling the blank as above); and if a majority of the votes

Majority to de- cast are for the point named in the petition, then that place shall be the county seat; otherwise the county seat shall remain as before.

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SECT. 3. The votes for and against the removal or location of the county seat shall be returned and canvassed in the same manner as the votes for county officers.

SECT. 4. No county seat, in any county in this territory, shall be removed in any other manner than that prescribed in this act, except by the amendment or repeal of this act.

SECT. 5. If, on canvassing the votes, a majority of them are found to be in favor of removal, then all the county officers who are required to hold their offices at the county seat-shall, within twenty days after such canvass, move their offices to the point so elected as the county seat.

SECT. 6. This act shall take effect from and after the first day of January, one thousand eight hundred and sixty-four. Approved April 24, 1862.

W. JAYNE, Governor.

Named Victoria.

Located, where.

Take effect, when.

CHAPTER 21.

AN ACT NAMING AND LOCATING THE COUNTY SEAT OF COLE

COUNTY.

Be it enacted by the Legislative Assembly of the Territory of
Dakota :

SECTION 1. That the county seat of Cole county be, and the same is hereby named Victoria.

SECT. 2. That the county seat of Cole county be, and the same is hereby located on the claim of Joseph Chapillion, on section 10, in township 89 north, range 48 west of the fifth principal meridian.

SECT. 3. This act shall take effect from and after its passage, and approval of the governor.

Approved May 7, 1862.

W. JAYNE, Governor.

CHAPTER 22.

AN ACT TO PROVIDE FOR THE LOCATION OF THE COUNTY
SEAT OF COLE COUNTY.

Be it enacted by the Legislative Assembly of the Territory of
Dakota:

SECTION 1. That at the first general election held in the county of Cole, in the Territory of Dakota, the legal voters shall vote by ballot for the location of the county seat of said county; and the place in said county having the highest number of votes, shall be declared to be the permanent county seat of said county.

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Return and canvass same as

tions.

SECT. 2. That the votes cast for county seat in said county shall be returned by the several judges of elections in in other elecsaid county, to the registrar of deeds of said county, as is provided by law for the return of votes in other cases, to the registrar of deeds, and canvassed by him as is provided for the canvass of votes by law; and after said canvass, he shall declare the place having the highest number of votes, to be the county seat of said county.

SECT. 3. If any two places should have the highest and an equal number of votes, then the registrar of deeds shall, within twenty days after the result of such election is known, give notice, that within ten days from the time of giving such notice, that an election will be held in said county, at which election the two places only having the highest and an equal number of votes shall be candidates for the county seat; after the result of which election the votes shall be canvassed as hereinbefore provided; and the place having the highest number of votes shall be declared to be the county seat of said county.

In case of tie

vote.

when.

SECT. 4. This act to take effect.from and after its passage, Take effect, and approval by the governor.

Approved May 8, 1862.

W. JAYNE, Governor.

22

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