[NOTE BY THE SECRETARY OF THE TERRITORY. The foregoing act having been prescuted to the Governor of the Territory for his approval, and not having been returned by him to the House of the Legislative Assembly in which it originated, within the time presed by the Organic Act, has become a law without his approval. S. L. SPINK, Secretary.] CHAPTER I. AN ACT SUPPLEMENTAL TO AN ACT TO SIMPLIFY AND ABRIDGE Of docketing ecution When to take oct Be it enacted by the Legislative Assembly of the Territory of Section 1. That when an execution shall be issued under and by virtue of the provisions of an act entitled: An act to simplify and abridge the practice, pleadings and proceedings of the Courts of this Territory, included in chapter 1, Title IX, of said act, before the same shall be delivered to the sheriff or coroner as therein provided, the party or his attorney issuing the execution shall cause the same to be docketed in the execution-docket by the clerk of the court in which the judgment is rendered. Sec. 2. This act shall take effect and he in force,on and after the first day of June, A. D. 1868, Approved, January 8, 1868, CHAPTER II. AN ACT SUPPLEMENTAL TO AN ACT ENTITLED AN ACT TO SIM- Be it enacted by the Legislative Assembly of the Territory of Dakota: writs of error Section 1. That in addition to the appcals provided for in sec- Providing for fion ten (10) of an act entitled an act to abridge the practice, pleadings and proceedings of the Courts of this Territory, writs of error shall be allowed on all final decisions, on all judgments, orders and motions of the District Courts to the Supreme Court of this Territory, under such regulations as may be prescribed by the rules of the Supreme Court. effect See. 2. This act shall be in force and effect from and after the When to take first day of June, A. D. 1858, and its approval. Approved, January 8, 1868. AMENDMENTS. CHAPTER III. AN ACT TO AMEND CHAPTER THIRTY-TWO (32) OF THE SESSION SHEEP Be it enacted by the Legislative Assembly of the Territory of Dakota: amended by striking out the word sheep Section 1. That chapter thirty-two (32) of the session laws of Chapter 83 1865-66, entitled "an act to prohibit sheep and swine from running at large," be, and the same is hereby amended by striking therefrom the word "sheep," wherever the same occurs therein. Nothing in this act shall be construed as in any case to apply to Union County. 120 When to take effect AUDITOR AND TREASURER Sec. 2. This act shall be in force and effect from and after its passage and approval, Approved, January 10, 1868. Chapter ten amended by CHAPTER IV. AN ACT TO AMEND CHAPTER TEN OF THE SESSION LAWS OF 1866.-7. Be it enacted by the Legislative Assembly of the Territory of Dakota: Section 1. That chapter ten of the session laws of 1866-7, "An triking out the act to provide for schools in the Territory of Dakota, be, and the same is hereby amended, by striking therefrom the word "white," wherever the same occurs therein. word white When to take foot Sec. 2. This act shall take effect and be in force from and after its passage and approval. Approved, December 13, 1867. AUDITOR AND TREASURER. CHAPTER V. AN ACT IN RELATION TO THE TERRITORIAL AUDITOR AND Be it enacted by the Legislative Assembly of the Territory of Section 1. That in addition to the salary now allowed by law to the Territorial Auditor and Treasurer, there shall be al for office rent & lowed to each annually the sum of twenty-five dollars for office Appropriation rent, fuel, and stationery. procure seal Sec. 2. That the Treasurer and Auditor are hereby author- Directed to ized and directed to procure each, for his office, a suitable seal not to exceed in cost to the Territory twenty dollars in the aggregate. effect Sec. 3. This act shall take [effect] and be in force from and When to take after its passage and approval. Approved, January 7, 1868. COSTS. CHAPTER VI. AN ACT RELATING TO COSTS OF TRIAL ON CHANGE OF VENUE. Be it enacted by the Legislative Assembly of the Territory of Dakota: pay the costs Section 1. Whenever a change of venue is granted in any which county case pending in the district courts of this Territory by any judge thereof, for the reason that a fair and impartial trial cannot be had in the county in which the action is commenced, all the costs and fees paid by the county to which the case is ordered for trial shall be charged to the county from which such case is sent. Sec. 2. The board of county commissioners of the county to which any case is ordered for trial according to section one (1) of this act, shall make out and present for payment to the county from which such case is sent an itemized bill of all the costs and fees of the trial of such case paid by the county according to law; said bill shall be sworn to by the register of deeds of the county, and the board of county commissioners county to mak bill of custs out and pr. sena When to take affect receiving such bill or account shall examine the same and pay the whole thereof or so much as is legal, proper and correct. Sec. 3. This act shalb be in force and effect from and after its passage and approval. Approved, January 3, 1868. COUNTIES. CHAPTER VII. AN ACT TO CREATE AND ESTABLISH THE COUNTY OF CARTER, Boundaries, Boaries pubiic, Be it enacted by the Legislative Assembly of the Territory of Dakota: Section 1. That all that portion of the county of Laramie, and Territory of Dakota, west of the one hundred and seventh degree and thirty minutes west longitude, be and the same is hereby crected into a county by the name of Carter, and the following officers are hereby appointed for said county, to act until the next ensuing general election: For county commissioners, James W. Lowery, William Misshany, William Rose; For judge of probate, Haney B. IIubble; For sheriff, John R. Murphy; For register of deeds, A. G. Turner; For justices of the peace, Frederick Staples, Francis D. McGovern ; For coroner, Nathaniel McDaniels. Sec. 2. The governor may appoint as many notaries public as he may deem necessary for said county.. |