affirmation, faithfully to discharge the duties of the same, and shall give bond to the register of deeds of the proper county, in the sum of three hundred dollars, conditional for the faithful discharge of the same. surveys, and same. SECT. 27. It shall be the duty of said surveyor, by himself His duties. or deputy, to execute any survey which may be required by any court, or upon application of any person or corporation. SECT. 28. The said surveyor shall keep a fair and correct Keep record of record of all surveys made by him or his deputy, in a book to give copies of be provided by the county commissioners for that purpose, which he shall transmit to his successor in office; he shall also number such surveys progressively, and shall preserve a copy of the field notes and calculations of each survey, indorsing thereon its proper number, a copy of which, and also a fair and accurate plat, together with a certificate of survey, shall be furnished by said surveyor to any person requiring the same. veyor and dep uties. SECT. 29. The said surveyor and his deputies may demand Fees of surand receive for their services the following fees, to wit: for each mile actually run with compass and chain, two dollars; for each succeeding mile thereafter, one dollar; for every in and out lot, in any town laid out and platted, twenty-five cents; for a plat and certificate, except town plats, fifty cents; for recording a survey, fifty cents. When employed surveying for the county, he shall receive two dollars and fifty cents per day. Coroner to take qath and give SECT. 30. The coroner shall, before he enters upon the duties of his office, take and subscribe an oath to support the bond. constitution of the United States, and the act organizing the Territory of Dakota, and to faithfully discharge the duties of his office to the best of his ability; and he shall be required. to give bond to the county commissioners in the penal sum of two thousand dollars, with good and sufficient securities, conditioned for the faithful performance of his duty, which bond shall be filed with the register of deeds, and recorded in his office. act as sheriff. SECT. 31. When there shall be no sheriff or under sheriff When he shall in any organized county, it shall be the duty of the coroner in each county to exercise all the powers and duties of sheriff of his county until a sheriff shall be elected and qualified; and when the sheriff, for any cause, shall be committed to the jail Duties and compensation. District attorney take oath and give bond. Duties. Receive no improper fees. May receive what fees. Number of justices and con stables. Officers, when elected, and term of office. of his county, the coroner shall be keeper thereof during the time the sheriff shall remain a prisoner therein. The coroner shall receive the same fees as a sheriff, for like business. SECT. 32. The coroner shall perform all duties usually belonging to that office, and receive the usual compensation therefor. When the sheriff is sued, the coroner shall serve the papers on him. SECT. 33. The district attorney shall, before he enters on the duties of his office, take and subscribe an oath to support the constitution of the United States and the organic act organizing the Territory of Dakota, and faithfully and impartially discharge his duty to the best of his ability. He shall, also, execute a bond, with one or more sufficient sureties, to the board of county commissioners, to be approved by the register of deeds, in the sum of five hundred dollars, the condition of which bond shall be, that he will faithfully discharge the duties of the office of district attorney, and that he will pay over to the treasurer of his county all money which shall come into his hands by virtue of his office, which bond, together with the oath of office, shall be deposited in the office of register of deeds of such county. SECT. 34. It shall be the duty of the district attorneys of the several counties to appear in the district courts of their respective counties, and prosecute or defend on behalf of the county or territory all suits, indictments, applications, or motions, civil or criminal, in which the territory or county is interested as a party. SECT. 35. No district attorney shall receive any fee or reward, from or on behalf of any prosecution or other individual, for services in any prosecution or business to which it shall be his duty to attend. SECT. 36. The district attorney shall receive five dollars for every prosecution before a justice of the peace, and ten dollars for every prosecution before the district court, in which he shall be engaged for the county or territory. SECT. 37. There shall not be less than two nor more than four justices of the peace in any one county, and the same number of constables. SECT. 38. All the officers mentioned in this bill, shall be elected at the first general election in Dakota Territory, for the term of two years. point until that SECT. 39. The governor is hereby authorized to nominate, Governor apand with the advice and consent of the council, appoint the time. officers mentioned in this act, to hold their respective positions until the first general election, and their successors are elected and qualified. Approved April 24, 1862. W. JAYNE, Governor. CHAPTER 24. AN ACT LEGALIZING THE ACTS OF CERTAIN OFFICERS OF Be it enacted by the Legislative Assembly of the Territory of Dakota: SECTION 1. That the official acts of James M. Allen as register of deeds, and of James McCall as justice of the peace for the county of Big Sioux, as organized under the authority of the Territory of Minnesota, be and are hereby declared legal. SECT. 2. That this act shall take effect from and after its passage. Approved May 8, 1862. Official acts legalized. Take effect, when. W. JAYNE, Governor. COUNTY WARRANTS. CHAPTER 25. AN ACT LIMITING THE ISSUE OF COUNTY WARRANTS. Be it enacted by the Legislative Assembly of the Territory of Dakota : than tax levied SECTION 1. That all issue of county warrants amounting Issue larger in the aggregate to a sum larger than the county tax levied unlawful. Warrants bear upon their face amount levied and drawn. Commissioners liable for overissue. Take effect, when. for the year in which they are issued, are hereby declared unlawful, unless the county commissioners shall be first author: ized by a majority of the legal voters of said county at any election when the proposition shall be submitted to them. SECT. 2. All warrants shall bear upon their face the amount of said tax levied, and the amount that warrants have been drawn for, and all warrants drawn for a larger amount than is authorized by law, the county commissioners shall be personally liable for the same. SECT. 3. This act shall take effect and be in force from and after its passage. Approved May 14, 1862. W. JAYNE, Governor. COURTS AND JUDGES. If judge fails in regular term, when. CHAPTER 26. AN ACT TO AUTHORIZE HOLDING SPECIAL TERMS OF THE Be it enacted by the Legislative Assembly of the Territory of SECTION 1. That if the judge of any district court in this may hold special, territory shall, for any reason whatever, fail to hold court in any county in his district, at the time prescribed by law, such judge may order and hold a special term of the district court in such county, whenever the business of the county or the court shall, in the opinion of the judge, require it. When special term is held, notice to be given. SECT. 2. When a special term of the said court shall be held in any county, the presiding judge of the district shall direct notice of the time of the court to be given at least twenty days prior to the sitting of the same, in a newspaper of the county, if there be one; if not, then in some paper in the nearest or adjoining county. Causes tried same as in reg SECT. 3. All causes undisposed of in said court may be tried and determined at the special term, the same as at a ular term. regular term of the court. Chief justice terms of supreme may call special court. SECT. 4. The chief justice of the supreme court shall have power to call special terms of the supreme court of the territory in the same manner as is prescribed for holding special terms of the district court. SECT. 5. This act to be in force from and after its pas- whe sage, and approval by the governor. Take effect, Approved May 14, 1862. W. JAYNE, Governor. CHAPTER 27. AN ACT FIXING THE TIME OF HOLDING A SPECIAL TERM OF Be it enacted by the Legislative Assembly of the Territory of Dakota: be held. SECTION 1. That there shall be a special term of the Special term to United States district court held in the third judicial district of this territory. SECT. 2. That said term of court shall begin on the first Monday in June, A. D. 1862, and shall be held in the town of Bon Homme. SECT. 3. This act shall take effect and be in force from and after its passage, and approval by the governor. Approved May 13, 1862. When and where held. . Take effect, when. W. JAYNE, Governor. |