county commissioners shall each year levy upon the taxable property of the county, a sufficient tax to pay the interest on said bonds, as the same accrues, and a reasonable time before maturity, a sfficient tax to provide a sinking fund for the payment of the bonds when they mature.

$ 4. COUNTY TREASURER TO PAY INTEREST AND BONDS.] When said bonds and the several coupons thereto attached mature, it shall be the duty of the county treasurer to pay the same on presentation, out of any funds in his hands applicable thereto, and shall cancel them, when paid, by writing or stamping across the face of each coupon or bond the words: "Cancelled by payment this .... day of (inserting the date of payment).

....

§ 5. FEES OF TREASURER.] The county treasurer shall be allowed a commission of one-half of one per cent. on the par value of said bonds, for receiving and disbursing all funds arising from the sale or exchange of said bonds, and the commission herein provided for, shall be in lieu of all other commissions allowed him by law.

§ 6. COUNTY TREASURER TO REGISTER BONDS.]

Before the

bonds are delivered to the purchaser they shall be presented to the county treasurer, who shall register them in a book to be kept for that purpose, and known as the bond register, in which register he shall enter the number of each bond, its date, date of maturity, amount, rate of interest, to whom and where payable.

§ 7. BONDS-HOW ISSUED.) No bonds in excess of twenty thousand (20,000) dollars shall be issued by any one county under the provisions of this act, until the issuance of the same is authorized by a majority vote of the qualified electors of such county at a special election to be called for that purpose by the board of county commissioners. Notice of such election shall be given in the manner provided by law for conducting special elections, and such notice shall state the amount of bonds to be issued, when payable and the rate of interest they are to bear. The voting shall be done by written or printed ballots, and all ballots deposited in favor of issuing bonds shall have thereon the words "For issuing bonds," and those opposed shall have thereon the words "Against issuing bonds," and if a majority of all votes cast shall be in favor of issuing bonds, the board of county commissioners shall forthwith proceed to issue the bonds in accordance with the vote and the provisions of this act. The election in all other respects shall be conducted in accordance with the law regulating general elections.

§ 8. BONDS TO BE NEGOTIABLE.] Bonds issued in substantial conformity to this act shall in law be considered negotiable.

§ 9. All acts or parts of acts in conflict with this act are hereby repealed.

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

NOTE BY THE SECRETARY OF THE TERRITORY.

BISMARCK, Dak., March 7, 1887. The foregoing act having been presented to the Governor of the Territory for his approval, and not having been returned by him to the House of Representatives of the Legislative Assembly, in which it originated, within the time prescribed by the organic act, has become a law without his approval. M. L. MCCORMACK,

Secretary of the Territory.

CHAPTER 14.

MODE OF CALLING IN BONDS FOR PAYMENT.

AN ACT Providing for the Mode of Calling in of Public Bonds for Payment, and Fixing the Time When Interest Thereon Shall Cease.

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

§ 1. WHEN BONDS MAY BE CALLED IN FOR PAYMENT.] Whenever any Territorial, county, township, city, school or other public bonds shall become payable under any option or provision therein contained, it shall be lawful for the Treasurer of this Territory or of the county, township, city, school or other public corporation as the case may be, issuing such bonds or responsible for their payment, to call in the same for payment and cancellation in the manner hereinafter provided, and after the time specified in such call, for presentation of such bonds shall have expired, all interest thereon shall cease.

§ 2. CALL-HOW MADE.] Such call shall contain a description of such bonds, giving their date, number and amount, and stating by whom issued and to whom, and where payable, and shall also state that on and after a specified date not less than thirty nor more than sixty days after the date of such call, all interest on such bonds shall cease.

§ 3. CALL TO BE PUBLISHED.] Service of such call shall be made by publication thereof for fifteen consecutive days, in some daily, or for four consecutive weeks in some weekly newspaper published and of general circulation in the county in which such bonds are payable; Provided, That personal service of such call upon the holder or holders of such bonds shall be equivalent to service of the same by publication.

§ 4. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

§ 5. This act shall take effect and be in force on and after its passage and approval.

Approved, March 11, 1887.

CHAPTER 15.

PROVIDING FOR ISSUING OF DUPLICATES OF BONDS DESTROYED.

AN ACT To Provide for the Issuing of Duplicates of Bonds or Coupons Lost or Destroyed.

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

§ 1. DUPLICATION OF IN CASE OF LOSS.] In case of the loss or destruction of any Territorial, county, township, city, school or other public or municipal bonds, or any coupons attached or belonging to such bonds, or representing any part of the consideration or interest thereof, the owner thereof shall be entitled to receive duplicates of such bonds or coupons so lost or destroyed, from the Treasurer of this Territory, or the clerk of such county, township, city, school or other public or municipal corporation, as the case may be, upon complying with the provisions of this act. § 2. TIME LIMITED.] Within thirty days after the loss or destruction of such bonds or coupons, the owner thereof shall cause to be published in some newspaper published in the capital of this Territory, in case of the loss or destruction of any Territorial bonds, or in case of the loss or destruction of any bonds or coupons mentioned in section 1 of this act, other than Territorial bonds, in some newspaper published in the county where such bonds were issued, or in case no newspaper is published in said county, in the newspaper published in the county nearest thereto, notice of the loss or destruction of such bonds or coupons, which notice shall contain a description of all bonds or coupons so lost or destroyed, the number, series, amounts, date, term and purpose for which the same were issued, as well as the fact that application has been made for the issuance of duplicates in place and stead thereof, under the provisions of this act. Said notice shall be published for ten consecutive days in a daily or for two consecutive weeks in a weekly newspaper; Provided, however, that in case of the loss or destruction of any such bonds or coupons which has already occurred, such notice may be published within thirty days after the passage and approval of this act.

§ 3. PROOF OF NOTICE REQUIRED BOND FOR DAMAGES.] Such owner or person entitled to receive the benefit of this act shall file with the Treasurer of this Territory, in case of the loss or destruction of Territorial bonds or coupons, and with one of the officers named in section 1 of this act in case of the loss or destruction of other bonds or coupons therein mentioned, proof of the due pub

lication of the notice required in section 2 of this act, together with a good and sufficient bond, to be approved by such officer, in double the amount of such bonds or coupons so lost or destroyed, executed by such owner with two or more good and sufficient sureties, each of whom shall be resident freeholders of this Territory and shall justify in double the amount of such bonds, such justification to be made in the same manner as under the chapter entitled "Arrest and bail," conditioned upon the payment to the Territory of Dakota, or to such county, township, city, school or other public or municipal corporation, as the case may be, of all damages, costs or other disbursements and expenses which may be occasioned or arise out of the issuance of duplicate bonds or coupons under the provisions of this act, or on account of such bonds or coupons so lost or destroyed. Such owner shall also furnish to the officer to whom the application is made for the issuance of duplicates under this act, satisfactory proof that he is the owner or person entitled to receive the issuance of such duplicates.

84. NEW BONDS OR COUPONS TO ISSUE.] Upon complying with the foregoing provisions, the Secretary of this Territory, in case of Territorial bonds or coupons, or the clerk of such county, township, city, school or other public or municipal corporation, as the case may be, shall, if satisfied that the provisions of this act have been complied with and that such applicant is entitled to receive the benefit hereof, issue to him duplicate bonds or coupons for each and every one of such bonds or coupons so lost or destroyed, which shall be dated and numbered the same as those so lost or destroyed, and in all respects exact duplicates thereof, except that the said duplicate bond or coupon shall be stamped on its face "duplicate bond (or coupon) issued in place and stead of bond (or coupon) of even date and number, lost or destroyed, issued by virtue of an act of the Legislature of the Territory of Dakota, approved (insert day and month) 1887," and such officer shall thereupon make the proper entry in his books, showing the cancellation of such bonds or coupons so lost or destroyed, and the issuance of duplicates thereof, which duplicates shall, from the date of their issuance, have the same value, force and effect as the bonds or coupons so lost or destroyed.

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

Approved, February 15, 1887.

CHAPTER 16.

MUNICIPAL CORPORATIONS MAY ISSUE BONDS FOR SCHOOL AND OTHER PURPOSES.

AN ACT Entitled an Act to Provide for the Issuance of Bonds by Cities and Municipal Corporations in the Territory of Dakota for School and Other Purposes.

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

§ 1. BONDED INDEBTEDNESS FOR WHAT PURPOSES MAY BE INCURRED.] Any city or municipal corporation in this Territory, organized under and by virtue of a special charter, or under and by virtue of the general law of this Territory, may incur a bonded indebtedness for the purpose of erecting public school buildings and other buildings for city purposes, purchasing fire apparatus, putting in water works, sinking public wells or cisterns, and putting in sewers, and improving streets, which said indebtedness, together with the indebtedness which then exists, shall not exceed four per cent. of the assessed valuation of said city or municipal corporation, as shown by the returns of the assessor for the year next preceding the time at which said indebtedness shall be incurred.

§ 2. BONDS HOW ISSUED ELECTION.] The bonds issued for the purposes mentioned in section one of this act shall be issued by the common council or board of trustees of any city or municipal corporation, only upon a majority vote of the qualified electors of such city or municipal corporation, at an election regularly called for that purpose and in accordance with the provisions of the charter of such city or municipal corporation governing the issuance and sale of bonds; Provided, That in all cities and municipal corporations where the charter does not provide the manner of calling and holding an election for the purpose aforesaid, a special election shall be called and held as herein provided, or said question may be submitted to any annual election. The city council or board of trustees at any regular meeting thereof may decide to call a special election to vote bonds for any of the purposes stated in section one of this act, and they shall give at least fifteen days public notice of such election, by at least two publications thereof, in a weekly newspaper published in said city, or if there be no such newspaper, then by posting said notice in five public places in said city. Said notice shall state the amount and denomination of the bonds