ized under this act shall assume and pay to the county from which it segregates. All moneys § 12. CERTAIN MONEYS TO BE TURNED OVER. ] on hand at the time of the settlement provided for in the preceding section of this act, in a county from which a portion segregates, pertaining to special funds, such as fire, school, road funds, and others, and property belonging to the districts within the boundaries of a county organized under this act, shall be turned over in full by the treasurer of the original county to the treasurer of the county organized under this act, and shall be duly receipted for by the latter and shall by him be placed to the credit of the districts within his county, to which they properly belong. § 13. WHEN MONEYS TO BE TURNED OVER TO NEW COUNTY.] Any county in which the amount of public funds on hand at the time of settlement provided for in section eleven (11) of this act exceeds the total of its outstanding indebtedness, shall, after deducting such outstanding indebtedness, and after making the deductions provided for in section eleven (11) of this act from the amount of such public funds on hand, pay over to the county segregated from it and organized under this act, a just proportion of such funds, based upon the assessed valuation of the whole of the original county in and for the year prior to the date of such segregation, 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. The boards of county commissioners shall meet as provided in section eleven (11) of this act and ascertain the amount so to be paid, and the board of county commisioners of the original county shall issue warrants for such amount, payable immediately to the treasurer of the county organized under this act, and the amount so received by the latter shall be by him placed to the credit of the proper funds of his county. § 14. COMMISSIONERS TO REDISTRICT COUNTY.] The county commissioners of a county from which a portion segregates under this act shall, immediately after such segregation, redistrict their county into the districts provided for by the laws then existing, and shall fill the vacancies occasioned by such segregation in the manner provided by law for filling vacancies in county districts or precinct offices. § 15. WHEN DISTRICTS RENUMBERED AND RENAMED.] School districts and road districts within counties affected by this act shall be renumbered so as to make their numbers in each county run consecutively, and the names of school townships may, when necessary, be changed. § 16. WHEN DISTRICT TO BE HOLDEN FOR BONDS.] When the boundaries of any school district or school township have been changed under and by the provisions of this act, that portion of such school district or school township in which the school houses and other property remain shall be holden for the bonds, if any, issued by such school district or school township, and if such portion shall have been attached to another school district or school township the school district or school township to which such portion has been attached shall be holden for the bonds if any, of the school district or school township to which such portion formerly belonged. § 17. VALIDITY OF BONDS.] The validity of bonds issued by school districts or school townships prior to the division of any county under this act, shall in no wise be affected by such division or by the renumbering or renaming of the school district or school township that issued them. § 18. FEES OF COUNTY COMMISSIONERS.] County commissioners while in the discharge of their duties as provided for in the preceding sections of this act, shall receive the same pay allowed by law as when in the performance of their ordinary official duties. § 19. INDEBTEDNESS OF NEW COUNTY.] The amount of indebtedness of a county organized under this act, as ascertained by the two (2) boards of county commissioners, in compliance with the provisions of preceding sections of this act, shall be paid to the county from which it segregates, in the bonds of the new county thus segregated, as hereinafter provided. $ 20. WHEN BONDS TO BE DATED.] Such bonds shall be dated on the first (1st) day of January or July, from which the outstanding indebtedness of the original county is calculated as provided for in section eleven (11) of this act, shall be issued for a period corresponding with the time or terms on which the obligations of the original county become due and payable, shall be payable at the same place and shall bear the same rate of interest as the obligations of the original county, said commissioners taking care to classify the liquidating bonds, issuing a due proportion of each in proportion to each of the original county obligations bearing different rates of interest and places of payment, and said original county shall have authority to exchange such bonds for an equal amount of obligations of its own of the same class. § 21. COUNTY TREASURER TO KEEP BOND REGISTER.] The county treasurer of a county issuing bonds under the provisions of this act shall provide himself with a book to be called the "bond register," wherein he shall note the number and denomination of each bond issued by his county, the date of issue, when and where payable, with such other facts as the county commissioners of his county shall direct, which "bond register," when completed, shall be deposited with the clerk of the county commissioners of his county, and shall be and remain a part of the records of the same. § 22. COUNTY COMMISSIONERS TO ISSUE LIQUIDATING BONDS.] The board of county commissioners of a county organized under this act are hereby empowered and directed to issue such liquidat ing bonds in denominations as may be required by the old county, not to exceed one thousand (1,000) dollars each, and deliver the same to the county clerk of the old county, who shall receipt therefor, attaching the seal of his office to such receipts, and the county clerk of a county organized under this act shall enter such receipts at large upon the records of the county commissioners and note the same in the bond register of his county. § 23. COUNTY COMMISSIONERS TO LEVY TAX.] The board of county commissioners of a county issuing bonds under the provisions of this act shall for each year after the date of issue of such bonds, levy and cause to be collected a tax sufficient to pay the interest on said bonds as it shall become due, and also such sinking funds as shall correspond with the laws under which the bonds of the original county were issued, sufficient to redeem said bonds at maturity; and as fast as such sinking fund shall become available they shall redeem such bonds in the manner provided for redeeming the bonds of the original county; Provided, however, that public notice shall be given by such board of county commissioners in a newspaper, if one be published within their county, setting forth that certain bonds, giving their number and otherwise describing them, will be redeemed by their county, and naming the date of such redemption. § 24. INTEREST FOR REDEMPTION OF BONDS.] The money collected for the payment of the interest or principal of such bonds shall not be used for any other purpose until such bonds are redeemed; any surplus thereafter shall be placed in the general county fund. § 25. REVENUE OF COUNTIES.] The authority of any county from which a portion segregates, under the provisions of this act, for the collection of revenue within the boundaries of the portion segregated, shall cease from the date upon which the two (2) boards of county commissioners, under the provisions of section eleven (11) of this act, base the settlement between their counties and all assessments and levies made by the authority of the county from which a portion segregates, by its officers, in the lawful performance of their official duties, affecting any of the territory embraced in the boundaries of a county organized under this act, shall remain the same and shall be payable to, and collectible by, the lawful authorities of the latter only. § 26. JUDICIAL SUBDIVISION.] Any county organized under the provisions of this act shall, as soon as its organization shall have been completed, constitute and be created a judicial subdivision of the judicial district to which it properly belonged at and before the time of its organization. $ 27. JUDGE TO APPOINT TERM OF DISTRICT COURT.] The judge of the judicial district in which a county organized under this act is created a legal subdivision of his district under the provisions of the preceding section, shall appoint and hold terms of the district court at the county seat of said county, at least one term each year. $ 28. VENUE, WHEN CHANGED.] In all actions or proceedings, civil or criminal, the crime wherein was committed, or the disputed premises therein, be within the boundaries of any judicial subdivision created under the provisions of this act, and which properly belong to such subdivision under provisions of the Codes of Civil and Criminal Procedure, the venue thereof shall be changed to the new county by order of the court, or the judge thereof, upon the demand of either party, which demand shall be served upon the opposite party, or his attorney, if either can conveniently be found in this Territory; but if neither can conveniently be found in this Territory, then such change of venue may be made upon filing such demand with the clerk of the district court having the case on its calendar. § 29. WRITS, BONDS AND RECOGNIZANCES.] All process, writs, bonds, notices, appeals, recognizances, papers and proceedings in actions, changed to a new county under this act and created a legal subdivision thereunder, issued and made returnable to the district court of the county from which a portion has been segregated and organized under this act prior to the creation of such legal subdivision, shall be taken and considered as made, taken and returnable to the district court within the boundaries of such new judicial subdivision, and such bonds, recognizances and obligations shall be payable to such new county and recoverable upon in the name of such new county, and all papers and certified copies of all proceedings had in such changed actions shall be transmitted by the clerk of the district court of the old to the clerk of the district court of the new county. § 30. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. § 31. This act shall take effect and be in force from and after its passage and approval. HALL OF THE HOUSE OF REPRESENTATIVES, BISMARCK, Dak., March 11, 1887. I, George G. Crose, Speaker of the House of Representatives, hereby certify that on the 1st day of March, the attached act of the Legislative Assembly of this Territory, "An act authorizing the division of counties and for other purposes," was returned to the House of Representatives, the body in which it originated, without the approval of his Excellency, Governor Louis K. Church, with his objections to this act in writing. His objections were entered at large upon the journal of the House of Representatives, and after consideration action on the act was deferred until this date first above written, when the House of Representatives proceeded to reconsider the act, and after such reconsideration two-thirds of the House of Representatives voted in the affirmative on the question shall the act pass, the objections of the Governor to the contrary notwithstanding. Attest: W. G. EAKINS, GEORGE G. CROSE, Speaker of the House, Chief Clerk. COUNCIL CHAMBER, I hereby certify that the within act, together with the objections of his excellency, Governor Louis K. Church, was received from the House of Representatives this day; that the objections by the Governor were read at length and the question stated "Shall this act be passed, the objections of the Governor to the contrary notwithstanding?" The roll of the Council was called and the act did pass, more than two-thirds of the members of the Council present and voting, voting in the affirmative. Attest: T. A. KINGSBURY, G. A. MATHEWS, DEAF MUTE SCHOOL. CHAPTER 39. AUTHORIZING ISSUE OF BONDS FOR SHOP AND BARN AND PURCHASE OF LANDS. AN ACT to Provide Funds and Appropriate the Same, for the Purpose of Building a Shop and Barn, and Purchasing Land for the School of Deaf Mutes, at Sioux Falls, and for Other Purposes. Be it Enacted by the Legislative Assembly of the Territory of Dakota: § 1. BONDS TO BE ISSUED.] That for the purpose of providing funds to pay for building a shop and barn, and for purchasing land for School of Deaf Mutes at Sioux Falls, Dakota, and for other purposes, the Territorial Treasurer is hereby authorized and empowered, and it is hereby made his duty, to prepare for issue twenty-three thousand (23,000) dollars of Territorial bonds, running for term of twenty (20) years, and payable at the option of the Territory after ten (10) years, and bearing interest at the rate of five (5) per cent. per annum, made payable semi-annually, on the first day of July and January each year. Such bonds shall be executed under the seal of the Territory, by the Governor and Treasurer of the Territory. § 2. PROPOSALS FOR BONDS.] It shall be the duty of the Treasurer to receive sealed proposals for the purchase of said bonds, and upon request of the board of trustees of said school, he shall give public notice for thirty days in two newspapers of general circulation, one of which shall be published in the city of New York, and said bonds shall be sold to the highest bidder for cash; Provided, That said bonds shall not be sold at less than par value. prompt § 3. TAX FOR PAYMENT OF BONDS.] For the purpose of payment of principal and interest of the bonds herein provided for, there shall be levied by the Territorial Board of Equalization at the time the other taxes are levied, and collected in the same manner as Territorial taxes, such sums as shall be sufficient to pay such interest and exchange thereon, and after nine years from the first day of May, 1887, in addition thereto, a sinking fund tax shall be annually levied, sufficient to retire and pay such bonds at their maturity, and it shall be the duty of the Territorial Treasurer to pay promptly on the first days of July and January of each year |