the foreman or manager of each of said newspapers, shall be received as evidence that such publication has been properly made; Provided, further, That in case there shall be no newspaper published in the county, in which such election is to be held, then the county clerk, or auditor shall deliver three copies of such notice to the sheriff, coroner, or other person designated by the board of county commissioners.

Approved, March 11, 1887.

CHAPTER 52.

COMPENSATION OF SHERIFFS IN CERTAIN CASES.

AN ACT To Fix the Compensation of Sheriffs in Certain Cases.

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

§ 1 MILEAGE IN CERTAIN CASES.] That the sheriffs of all counties in the Territory of Dakota be entitled to receive five cents a mile for each mile necessarily and actually travelled for summoning a grand and petit jury, to be paid by the county, in addition to the compensation now allowed by law; Provided, That no additional mileage shall be allowed a sheriff for summoning talesmen, over and above that now fixed by law.

§ 2. All acts and parts of acts conflicting with this act are hereby repealed.

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

Approved, March 3, 1887.

FIRE DEPARTMENTS.

CHAPTER 53.

FIRE DEPARTMENTS TO RECEIVE PORTION OF TAX ON PREMIUMS PAID BY FIRE INSURANCE COMPANIES.

AN ACT To Appropriate for the Support of Fire Departments of each City, Town or Village in the Territory of Dakota, a Part of the Tax Paid by the Fire Insurance Companies, Upon Premiums, Received in any Such Town, City or Village.

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

§ 1 DUTY OF CITY, TOWN, OR VILLAGE CLERK.] The clerk of every city, town or village in the Territory of Dakota, having an organized fire department, shall on [or] before the thirty-first day of October in each year, make and file with the Auditor of this Territory his certificate, stating the existence of such department, the date of its organization, the number of steam, hand or other engines, hook and ladder trucks and hose carts in actual use. number of organized companies, the number of members of each company, and the system of water supply in use, in such department, together with such other facts as the Auditor may require.

The

§ 2. TERRITORIAL AUDITOR TO FURNISH BLANKS INSURANCE COMPANIES TO MAKE STATEMENT.] The blanks required by law, to be furnished by the Territorial Auditor to insurance companies, shall contain the names of the cities, towns and villages entitled to benefits under this act, and every insurance company doing business in this Territory, shall include in its annual statement the amount of all premiums received by them, upon policies issued on property, within the corporate limits of such city, town or village during the year ending on the preceding 31st day of December.

§ 3. TAX, HOW PAID-DUTY OF TERRITORIAL AUDITOR AND TREASURER IN RELATION THERETO.] The said Auditor, on the first day of July thereafter, shall issue and deliver to the treasurer in each city, town or village, having an organized fire department entitled to the benefits under this act, his warrant upon the Territorial Treasurer for an amount equal to two per cent. of the premiums re

ceived upon policies issued on property in any such city, town or village, which warrants shall be numbered consecutively, and shall each specify the date of its issuance, and to whom payable, and such warrants shall be paid by the Territorial Treasurer to the treasurer of any such city, town or village upon presentation thereof, and when so received by said treasurer, the same shall be paid over to said company or companies, in equal proportion, having a membership of at least fifteen members for a period of eight (8) months prior to the date of the certificate of the clerk, as provided in section one (1) of this act, and having the management of at least one steam, hand or other fire engine, hook and ladder truck or hose cart, upon the written order of such company or companies, approved by the city council, trustees or other governing body of such city, town or village.

$ 4. QUALIFICATION OF FIRE DEPARTMENT.] No city, town or village shall be entitled to any of the benefits arising from this act unless the fire department shall have been in actual existence eight months prior to the filing of the certificate required by section one (1) of this act; and unless such fire department shall have had for such period as a part of its equipment, at least one steam, hand or other fire engine, or hook and ladder truck, or hose cart, with a membership of at least fifteen persons for said period of eight months.

§ 5. CERTIFICATE OF ORGANIZATION TO BE FILED.] If the certificate required by section one (1) of this act is not filed with the Auditor on or before the thirty-first day of October in each year, the city, town or village so failing to file such certificate shall be deemed to have waived and relinquished its right for such year to the appropriation herein provided for.

§ 6. This act shall take effect and be in force from and after its passage.

Approved, February 17, 1887.

FIRE PROTECTION.

CHAPTER 54.

REGULATING MANNER OF INGRESS AND EGRESS OF PUBLIC BUILDINGS, FIRE ESCAPES, ETC.

AN ACT To Lessen the Dangers From Stampedes in Case of Fires in Buildings Used for Public Assemblages.

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

§ 1. DOORS OF PUBLIC BUILDINGS, HOW TO BE CONSTRUCTED.] All doors of ingress and egress in all buildings used for public assemblages of any character in this Territory, including school houses, churches, theatres, public halls, city halls, court houses, factories, hotels and all other buildings wherein numbers of persons are employed, or are in the habit of meeting together for any purpose, shall be so constructed as to open and swing outward, and doorways shall not be less than four feet in width, with proper landings and stairways of at least equal width.

§ 2. Who SHALL COMPLY WITH THIS ACT.] It shall be the duty of all persons owning or having charge of such buildings, including trustees, boards of directors and boards of education, to comply with the provisions of this act within six months after the same shall take effect; Provided, That nothing in this act shall be construed to require a change in the width of existing stairways and doorways, and that this act shall not apply to churches and school houses not within the limits of any incorporated city or village.

§ 3. PENALTY.] Any person or persons failing to comply with the provisions of this act, or who shall build, maintain, or permit to be used, any such building, contrary to the provisions of this act, shall be deemed guilty of a misdemeanor.

§ 4. FIRE ESCAPES.] All factories, public halls, hotels, and all other buildings in which large numbers of people congregate, which are two or more stories in height, shall be provided by the owners thereof with two or more fire escapes, placed within easy access of the occupants of said building.

§ 5. This act shall take effect and be in force on and after the first day of June, 1887.

Approved, March 11, 1887.

FISH.

CHAPTER 55.

TO PROTECT THE PASSAGE OF FISH IN ALL STREAMS.

AN ACT Amending Section 1, of Chapter 60, of the General Laws of the Sixteenth Legislative Assembly.

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

§ 1. LAW MADE GENERAL.] That section one, of chapter sixty, of the General Laws passed at the sixteenth Legislative Assembly be amended by striking out the words, "the Sioux, Dakota and Sheyenne rivers," and inserting in lieu thereof the words, "any stream of the Territory of Dakota."

§ 2. AMENDED.] That section one of said chapter be further amended by striking out the words "said rivers," and insert in lieu thereof the words "such stream."

Approved, March 11, 1887.