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CHAPTER 36.

REGULATING MEETING OF RAILROAD DIRECTORS.

AN ACT To Amend Subdivision 3, of Section 412, of the Civil Code of the Territory of Dakota, Relating to Meetings of Directors of Corporations.

Be it Enacted by the Legislative Assembly of the Territory of Dakota: § 1. PLACE OF MEETING OF DIRECTORS.] Subdivision three of section 412, of the Civil Code is hereby amended by adding the following words: Provided, That the meetings of the boards of directors of railway corporations having one or more directors resident in this Territory, or having duly appointed an agent resident in this Territory, upon whom service may be made, may be held at any place mentioned in the notice convening said board of directors, either within or without the Territory.

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

Approved, March 11, 1887.

COUNTIES.

CHAPTER 37.

CANCELLATION OF COUNTY WARRANTS.

AN ACT To Cancel Certain County Warrants.

Be it Enacted by the Legislative Assembly of the Territory of Dakota: § 1. WARRANTS TO BE CANCELLED—WHEN.] That the board of commissioners of the several counties of this Territory be and they are hereby authorized and required, at each regular meeting, to cancel and destroy all warrants drawn on any fund of the county which may have remained uncalled for and on file for

a period of six years and upwards next preceding the regular meeting on which the cancellation takes place.

§ 2. DESCRIPTION TO BE ENTERED IN MINUTES.] Said commissioners, before cancelling and destroying any such warrants, shall cause to be entered in the minutes of their proceedings a brief description thereof, containing the name of the payee, the number, date and amount of each warrant to be destroyed.

§ 3. This act shall take effect on and after July 1, 1887. Approved March 11, 1887.

COUNTIES-DIVISION OF.

CHAPTER 38.'

PRESCRIBING MANNER IN WHICH COUNTIES MAY BE DIVIDED.

AN ACT Authorizing the Division of Counties, and for Other Purposes.

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

§ 1. ELECTORS MAY PETITION.] That whenever five hundred (500) legal voters of any county in this Territory, residing in that portion of the county proposed to be segregated, shall petition the board of county commissioners of such county, requesting the said board to call an election at which the question of the segregation of such county, as in this act provided, may be submitted, and describing in said petition the boundaries of said portion proposed to be segregated, and the proposed name of said new county, which name shall be different from every other county in the Territory, the board of county commissioners of said county shall, within thirty (30) days after receiving such petition, make an order declaring that it is proposed to organize, with the assent of the qualified voters thereof, a new county out of a portion of their county describing, as in the petition, the boundaries of said new county, and to give it the name specified in such petition; and said board shall include in said order a notice for an election to be held by the qualified voters in said portion proposed to be segregated, at the usual voting precincts, on some day within thirty (30) days therefrom, to determine whether or not such territory shall be the county of

(giving name as specified in the petition referred

to;) Provided, however, That no petition shall be considered by any board of county commissioners, in which it is requested that a county be divided so as to leave less than twenty-two (22) congressional townships, or an equivalent in area, to either part of its divisions; and, Provided further, That the number of votes polled at the last general election in any portion desiring to be segregated under the provisions of this act, shall have been seven hundred and fifty (750) or more, and that the number of votes cast at the last general election in that portion of a county from which another portion desires to segregate, under the provisions of this act, shall have been seven hundred and fifty (750) or more; and, Provided further, That the question of the division of such county shall have never been submitted to a vote in the said county, by reason of any special act of the Legislative Assembly, of the Territory of Dakota.

§ 2. COUNTY COMMISSIONERS GIVE NOTICE OF ELECTION.] The board of county commissioners, petitioned as provided by section one (1) of this act, shall cause twenty (20) days notice of such election to be given by publication in a newspaper, if one be published in the proposed new county, and by posting up three (3) copies of said notice at public places in each of the several election precincts within the boundaries of such proposed new county, and shall, at least ten (10) days prior to such election, appoint three (3) capable and discreet persons possessing the qualification of electors, to act as judges at each precinct and for each of the polls of election; and notices of such election shall be posted, notices of appointments shall be served, and all other matters for such election shall be governed by the laws then existing, so far as they are applicable, for general elections.

....

§ 3. ELECTORS VOTE BY BALLOT.] The qualified voters of any county to be organized under the provisions of this act shall vote by ballot, having thereon the words: "For organization of county (giving name specified in the petition referred to in section one (1) of this act) Yes;'" or the words: "For organization county (giving name specified in the petition referred to in section one (1) of this act) 'No.'"

TO SECRE

§ 4. COUNTY CLERK CERTIFY RESULT OF ELECTION TARY OF TERRITORY.] On the fifteenth (15th) day after the close of any election under this act, or as soon thereafter as all the returns are received, the said board of county commissioners shall proceed to canvass said returns and make a statement showing the whole number of bailots cast at such election, the number having the word "Yes" thereon, and the number having the word "No" thereon, and if such county commissioners are satisfied as to the legality of such election, and shall find that two-thirds (3) of the whole number of ballots cast at said election have the word "Yes" thereon, they shall instruct the county clerk to immediately make a certified copy of such statement and forward the same to the Secretary of this Territory.

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§ 5. GOVERNOR TO APPOINT THREE COUNTY COMMISSIONERS.] Within thirty (30) days after receiving said certified copy of such statement, as provided for by the preceding section of this act, if satisfied that the same is genuine, and that the election certified to has been legally held, it shall be the duty of the Governor of this Territory, and he is hereby authorized to appoint three (3) persons, residents of the county organized under this act, possessing the qualifications of electors, who will accept and qualify in such office, county commissioners for such county, who shall hold their office until the first general or annual election thereafter, i. e., until the Tuesday next after the first Monday in the following month of November, and until their successors shall be elected and qualified; and thereupon, upon the qualifying of said commissioners, said county shall be deemed to have existence as such and be governed by the laws of the Territory relating to counties.

§ 6. COUNTY COMMISSIONERS SHALL APPOINT COUNTY OFFICERS.] The county commissioners appointed under the provisions of the preceding section of this act, after having qualified according to law, shall appoint all the county officers of the county organized under this act, and of which they are commissioners as required by law, who, after having qualified, shall hold their offices until the first general election thereafter and until their successors shall have been elected and qualified; Provided, however, That all justices of the peace and constables, in office as such, within the boundaries of any county organized under this act, shall continue, by virtue of their election, in office as justices of the peace and constables in and for such county, for the remainder of their term, and shall give bonds to the county organized under this act of the same amount and in the same manner as had previously been given by them to the original county.

§ 7. COUNTY SEAT, HOW LOCATED.] Said county commissioners shall have power to temporarily fix the county seat, and such location shall remain the county seat until the first general election thereafter, when the qualified voters of such county are empowered to vote for and select the place of county seat by ballot, as provided by law; Provided, however, That no person shall be entitled to vote at such election unless he is a qualified elector as provided by the laws then existing. Immediately after the selection of said county seat is ascertained, either by the county commissioners' selection thereof or by the canvass of the returns of votes, the county commissioners shall issue their proclamation announcing such fact, and publish the same in a newspaper published in said county, if there be one, or if not, by posting a copy thereof of in a public place in each election precinct of said county.

§ 8. WHEN THE COUNTY COMMISSIONERS TO BE GOVERNED BY EXISTING LAW. In ail matters not specially provided for in this act the county commissioners appointed under this act shall be governed by the laws then existing.

§ 9. WHEN ELECTION IS TO BE GOVERNED BY GENERAL LAW. All elections under this act, where not otherwise provided, shall be conducted in the same manner as required by law in general elections, and no refusal or neglect on the part of any official to perform his lawful duties in connection therewith shall in anywise affect the validity of said election.

§ 10. COMMISSIONERS TO PROCURE TRANSCRIPTS.] The commissioners of any county organized under this act are hereby empowered and it is made their duty to procure transcripts of all records of the original county that, in their judgment, may be necessary for the use and benefit of their county, and it is hereby made the duty of all county officers having the custody of any books papers and records to allow such commissioners, or any authorized person in their behalf, full and free access to any and all such books, papers and records for the objects and purposes herein named and for the completion thereof.

§ 11. NEW COUNTY SHALL ASSUME JUST PROPORTION OF INDEBTEDNESS.] Any county organized under this act shall assume and pay, as herein provided, a just proportion of the indebtedness of the county from which it segregated, based upon the last assessed valuation of said original county, and in the proportion that the valuation within the segregated portion bears to the aggregate of the valuation within the whole of the original county; and it is hereby made the duty of the commissioners of both the county organized under this act and the county from which the latter segregates, to meet fogether at the county seat of the original county on the third (3d) Monday in the sixth (6th) month following the appointment of county commissioners by the Governor, as provided for in this act. They shall ascertain, as near as may be, the total outstanding indebtedness of the original county on the first (1st) day of January or July, as the case may require, next preceding the date of the joint session provided for in this section, and from such total they shall make the following deductions, to-wit:

1.

The amount of all dues for rents.

2. The amount of outstanding bonds given, or money paid for public property owned by, and remaining within, the limits of the original county.

3. The amount of public funds on hand and belonging to the original county on the day for which its outstanding indebtedness is ascertained by the joint board of county commissioners, as provided for in this section, and not belonging to the special funds hereinafter mentioned. The amount remaining after such deductions shall have been made shall, for the purpose, and as a basis for the settlement herein provided, be the amount which the county organized under this act shall pay a proportion of, in the proportion hereinbefore specified, and it shall be the duty of such commissioners to ascertain and fix the amount the county organ

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