Serving of ummons

When jurors to appear

In case of jury not appearing

In case of petit jury being exhausted by challenges

No person to serve a second

exhausted

se-

Sec. 9. The sheriff, deputy sheriff or coroner, having received the order, shall forthwith serve upon such person whose name was lected and drawn as grand jurors a true copy of the command except that the copy shall contain only the name of the grand juror served, and not the name of any other grand juror, or by leaving said copy at his residence, or by sending the same to him; and the sheriff, deputy sheriff or coroner, shall immediately in like manner, summon such persons whose name was selected or drawn as a petit juror, and such service shall be made by reading or delivering the copy to the person to be summoned, or by leaving the copy at his residence.

Sec. 10. Each grand and petit juror summoned shall appear before the court on the day and at the hour specified in the summons and shall not depart without leave of court.

Sec, 11. If all persons summoned as grand and petit jurors do not appear before the court, or if by any cause the panel of the grand jurors or petit jurors is not complete, or if no jury be drawn, as above provided, the court may order the sheriff, deputy sheriff or coroner, to summon without delay good and lawful men having the qualifications of jurors and the person or persons summoned shall forthwith appear before the court and if competent shall serve on the grand jury or petit jury as the case may be unless such person or persons may be excused from serving or lawfully challenged.

Sec. 12. Whenever the panel of petit jurors shall be exhausted by the challenges of either party, in any action, the judge of the court shall order the sheriff, deputy sheriff or coronor, to summon without delay a sufficient number of persons possessing the qualifi cations of jurors as before provided to complete the number requisite for a jury in that particular case.

Sec. 13. It shall be the duty of the county commissioners in setime till list is leeting and furnishing to the clerk the number of persons qualified to serve as grand and petit jurors, so to select and arrange that no one person shall come on the jury a second time before all qualified persons shall have served respectively in rotation according to the best information that can be obtained.

Sheriff to make returns

Penalty for contempt

Sec. 14. The sheriff, deputy sheriff or coronor, having received the summons issued by the clerk, shall make return thereof with his proceedings to the clerk as soon as he has executed the order.

Sec. 15, If any person summoned to appear as grand juror or petit juror fails, refuses or neglects to appear, such person shall be considered guilty of contempt of the court and may be fined by the court in any sum not less than five nor more than fifty dollars, and

if any person when a second order or attachment is issued neglects or refuses to appear, such person may be fined as above provided and imprisoned by the court not longer than ten days in the county jail, and if the county commissioners of any county neglect or fail to select and furnish to the clerk names of persons as herein before provided, such person so offending may be fined by the court not less than five nor more than fifty dollars, and if the clerk of the district court, or deputy clerk, or sheriff, deputy sheriff or coroner, neglect or fail to perform the duties imposed by this act, the persons so of fending shall be considered guilty of contempt of court and may be fined by the court not less than five nor more than fifty dollars, and if guilty of gross misconduct in office and contempt in disregarding the provisions of this act, may be imprisoned by the court not longer than thirty days in the county jail.

Sec. 16. Jurors summoned in accordance with this act shall be Compensation of jurors entitled to two dollars per each day for their services for the time they shall actually serve, and five cents per mile for each mile traveled in going and returning, such compensation to be paid out of the county treasury upon the order of the judge of the district court.

pealed

Sec. 17. Chapter fifty-two of the session laws of 1862, and chap- Certain acts reter twenty-six (26) of the session laws of 1862-63, and all other acts and parts [of acts] in conflict with the provisions of this act, are hereby repealed.

Sec, 18. This act shall take effect and be in force from its pas- when to take sage and approval.

Approved, December 24, 1867.

effect

LIBRARY.

CHAPTER XX.

AN ACT TO PROVIDE FOR CATALOGUING THE TERRITORIAL LI

BRARY AND TO COMPENSATE THE LIBRARIAN.

Be it enacted by the Legislative Assembly of the Territory of

Dakota:

Section 1. That the Dakota Historical Society are hereby

210

Historical

society author

Librarian

authorized and empowered to employ some suitable and caized to appoint pable person to catalogue, label, arrange and take care of the books in the Territorial Library, and to procure the printing of a certain number of the catalogues of said library, not to exceed, however, five hundred copies.

Money appropri

ated as com

pensation,

When to take

effect

Sec. 2. The sum of one hundred and fifty dollars is hereby appropriated out of any money in the Territorial treasury not otherwise appropriated, to the Dakota Historical Society, for the purpose of carrying into effect the objects set forth in the first section of this act.

Sec. 3. This act shall be in force and take effect from and after its passage and approval.

Approved, January 8, 1868.

MECHANICS LIENS.

CHAPTER XXI.

AN ACT TO ENFORCE MECHANICS LIENS ON BUILDINGS.

Be it enacted by the Legislative Assembly of the Territory of

Dakota:

Section 1. Mechanics, and all persons performing labor, or furnishing materials for the construction or repair of any building, or who may have furnished any engine or other machinery for any mill, or other manufactory may have a lien separately or jointly upon the building which they may have constructed or repaired, or upon any buildings, mill, or other manufactory for which they may have furnished materials of any description, and on the interest of the owner in the lot or land stands, to the extent of the value of any labor done, on which it or materials furnished, or for both.

this act how

Sec. 2. The provisions of this act shall only extend to work Provisions of done or materials furnished on new buildings, or to a contract far to extend entered into with the owner of any building for repairs, or to the engine or other machinery furnished for any mill or other manufactory, unless furnished to the owner of the land on which the same may be situated, and not to any contract made with the tenant, except only to the extent of his interest.

ing to be served

Sec. 3. Any sub-contractor, journeyman or laborer employ- Notice in writed in the construction or repair, or furnishing materials for any on employer building, may give to the owner thereof notice in writing, particularly setting forth the amount of his claim and service rendered, for which his employer is indebted to him, and that he holds the owner responsible for the same, and the owner shall be liable for such claim but not to exceed the amount due from him to the employee at the time of notice, which may be recovered in an action.

to procure

Sec. 4. Any person wishing to acquire such lien upon any Steps necessary property, whether his claim be due or not, shall file in the office liens of register of deeds of the county, within sixty days after the completion of the buildings or repairs, notice of his intention to hold a lien upon such property for the amount of his claim, specially setting forth the amount claimed, and the register of deeds shall record the notice when presented, in a book to be kept for that purpose, for which he shall receive twenty-five

cents.

be taken

Sec. 5. Any person having such lien, may enforce the same when liens to by filing his petition or complaint in the district court in and for the county where the work was done or materials furnished, at any time within one year from the completion of the work or furnishing the materials, or if a credit be given, from the expiration of the credit.

actions on liens

Sec. 6. In such actions, all persons whose liens are recorded, Parties to as herein provided, may be made parties, and issues shall be made, and trials had as in other cases; and the court may by the judgment direct a sale of the land and buildings for the satisfaction of the liens and costs; such sale to be without prejudice to the rights of any prior incumbrancer, owner or other persons not parties to the action. If several such actions be

Claimants to be paid proportion

ately

Defendant to file written undertaking

Certain act repealed, Proviso

When to take effect

brought by different claimants, and be pending at the same time, the court may order them to be consolidated.

Sec. 7. If the proceeds of the sale be insufficient to pay all the claimants, then the court shall order them to be paid in proportion to the amount due each.

Sec. 8. In all actions or proceedings commenced under this chapter, the defendant may file a written undertaking, with surety, to be approved by the court, to the effect that he will pay the judgments that may be recovered, and costs, and thereby release his property from the lien hereby created.

Sec. 9. Chapter fifty-four of the session laws of 1862, entitled an act to create a lien for mechanics in certain cases, is hereby repealed;

Provided, however, That such repeal shall not affect the rights or liabilities that have already accrued under and by virtue of said act.

Sec. 10. This act to take effect and be in force from and after its passage and approval.

Approved, December 24, 1867.

MINES AND MINING.

Size of claim

CHAPTER XXII.

AN ACT CONCERNING MINES AND MINING.

Be it enacted by the Legislative Assembly of the Territory of

Dakota:

Section 1. That a mining claim subject to location and pre-emption, by any one individual, on any gold or silver bearing quartz ledge or lode, in the Territory of Dakota, either discovered or that may hereafter be discovered, shall consist of two hundred feet along the ledge or lode with all its dips, spurs and angles, and with fifty feet on