AN ACT to Amend Article 7, of Chapter 12, of the Code of Civil Procedure.

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

$ 1. WHAT MAY BE REFERRED FEE.] Section 271, of the code of civil procedure is hereby amended so as to read as follows: "Section 271. All or any of the issues in an action, whether of fact or law, or both, may be referred by the court or judge thereof, upon the written consent of the parties, and the fees of such referee shall be fixed by the court which shall in no case exceed ten dollars per day." § 2. REFERENCE WITHOUT CONSENT.] Section 272, of the code of civil procedure, is hereby amended so as to read as follows: "Section 272. When the parties do not consent to the reference the court may, upon the application of either party, or of its own motion, direct a reference to [in] the following cases:

1.

When the trial of an issue of fact shall require the examination of a long account on either side, in which case the referee may be directed to hear and divide the whole issue, or to report upon any specific question of fact involved therein; or

2. When the taking of an account shall be necessary for the information of the court before judgment, or for carrying a judgment or order into effect; or

3. When a question of fact other than upon the pleading shall arise upon motion or otherwise in any stage of the action. § 3. TRIAL MANNER OF.] Section 276, of the code of civil procedure is hereby amended so as to read as follows: "Section 276

The trial by referee shall be conducted in the same manner as a trial by the court. They shall have the same power to grant adjournments and allow amendments to any pleading as the court upon such trial, upon the same terms and with like effect. They shall also have the same power to preserve order and punish all violations thereof upon such trial and compel the attendance of witnesses before them by attachment and to punish them as for a contempt for non-attendance, or refusal to be sworn or testify as is possessed by the court

and they shall give to the parties or their attorneys at least eight days notice of the time and place of trial; they must state the facts found and conclusions of law separately and report their findings, together with all of the evidence taken by them, and all exceptions taken on the hearing to the district court and the district court may review such report and on motion enter judgment thereon or set aside, alter or modify the same and enter judgment upon the same, so altered or modified, and may require the referees to amend their report when necessary. The judgment so entered by the district court may be appealed from to the supreme court in like manner as from judgment to [in] other cases, and the report of the referees may be incorporated with the bill of exceptions.

§ 4. REPEAL.] Section 277, of the code of civil procedure, is hereby repealed.

§ 5.

EFFECT WHEN.] This act shall not be in force and take effect until after the first day of May, 1889.

Approved February 19, 1889.

SCHOOL DISTRICTS.

CHAPTER 113.

SETTLEMENT OF DIFFERENCES.

AN ACT to Authorize the Settlement of Differences Between Certain Independent School Districts and Cities and School Townships Growing out of the Adjustment of School Debts.

Be it Enacted by the Legislative Assembly of the

Territory of Dakota.

§ 1. SETTLEMENT OF DIFFERENCES.] That in all counties in which the school township act of 1883 has been adopted in lieu of the school district act, and in which differences remain unsettled relative to the adjustment and apportionment of the school debt existing against either said district or said school townships between said districts or townships and any independent school district, or any city embracing or constituting an independent school district created by special act of the Legislature, the school officers representing such school districts and townships or either and those representing such independent school districts and cities embracing or constituting independent

school districts, are authorized and it is hereby made their duty to adjust the same either by agreement or arbitration, and to issue such bonds, warrants and certificates of indebtedness in effecting such settlements, as to them may seem just and equitable, and all bonds, warrants and certificates of indebtedness so issued shall in law have full force and effect, provided, that the officers of such school townships or districts, and of such independent school districts and cities are authorized to pay any officer upon whom shall devolve any special duties in consequence of such settlement a reasonable compensation for his services.

§ 2. EFFECT WHEN.] This act shall take effect on and after its approval; and all acts general or special, in conflict herewith, are hereby repealed.

Approved, March 7, 1889.

SOLDIERS' HOME.

Ажонлик

CHAPTER 114.

1595-200

ESTABLISHMENT AND PROVISION FOR SAME.

AN ACT, To Establish, Locate and Build a Soldiers' Home in the Territory of Dakota, and Provide the Necessary Funds, Therefor,

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

§ 1. INSTITUTION CREATED.] That there be and is hereby created and established in this Territory an institution to be known as the Dakota Soldiers' Home, and in accordance with the resolution adopted by the Grand Army of the Republic, department of Dakota, at its fifth annual encampment, held at Redfield in March, 1888, which was as follows, viz; Whereas, we, the soldiers and delegates of the Grand Army of the Republic, assembled in annual encampment in Redfield, Dakota, believing it is our duty to recommend a place for location of the Soldiers' Home, be it resolved, that we recommend the Hot Springs of Dakota as the place, provided the Home shall be guaranteed the free use of the springs.

Therefore, the said Dakota Soldiers' Home shall be and is hereby located at the Hot Springs in Fall River county, Territory of Dakota. Provided, that a tract of land of not less than eighty (80) acres,

1889-20

located at the said Hot Springs shall be donated to the Territory of Dakota.

The said tract of land to be the one selected and approved of by a committee of the Grand Army of the Republic, appointed for that purpose at the fifth annual encampment of that body, and to be conveyed to the Territory of Dakota by a good and sufficient warranty deed accompanied by a good abstract of title which shall be approved by the Attorney General of the Territory, showing that a perfect conveyance of title in fee simple has been made to the Territory of Dakota, and also provided that the owners and proprietors of the waters known as the Hot Springs of Dakota, shall by a good and sufficient contract guarantee to the Territory of Dakota, to furnish for the use of any public building or buildings that may be erected on said granted land, all the water required for every purpose whatever. And that all inmates of said Soldiers' Home or public building or buildings shall have free of all charges all the water that may be required for baths or bathing purposes from the best medical hot springs known to that section, so long as the said building or buildings shall be used as a public institution.

§ 2. OBJECT.] The object of the Dakota Soldiers' Home shall be to provide a home and subsistence for all honorably discharged soldiers, sailors and marines who have served in the army or navy of the United States, and who are disabled by disease, wounds, old age or otherwise; Provided, that no applicant shall be admitted to said Home who has not been a resident of this Territory at least one year next preceding his application for admission therein; unless he served in a Dakota regiment or company, or was accredited to the Territory of Dakota.

The board of commissioners shall determine the eligibility of applicants for admission to said home as herein provided.

§ 3. USE OF SAME.] Should there be a division of this Territory, and more than one state created therefrom, it is provided that any state that may hereafter be created from the present Territory of Dakota shall have the privilege of using the said Home for all honorably discharged soldiers, sailors or marines residing within the limits of said state until such time as the said state may provide themselves with a Soldiers' Home and upon such terms as will cover the actual expenses of maintaining such inmates.

And it is further provided that the bonds of the Territory of Dakota issued for the construction of a Soldier's Home shall be assumed and paid by the state that may hereafter be created from the present Territory of Dakota in which the said Soldiers' Home may be located. § 4. BONDS FOR BUILDINGS.] To provide for the erection and completion of suitable buildings and fixtures, also for the furnishing and equipping of the same, the bonds of this Territory shall be issued to the amount of forty-five thousand dollars ($45,000) in denomination of one thousand dollars ($1,000) each, bearing date May 1st, A. D. 1889, with interest payable semi-annually at financial

agency in the city of New York or Boston, to be specified in said bonds, on the 1st day of July and January in each year, at a rate of interest not exceeding five (5) per cent per annum and running twenty (20) years from the first day of May, 1889, such bonds to be executed for the Territory of Dakota and under the seal thereof by the governor and treasurer and shall be attested by the secretary and shall be negotiated by the Treasurer of the Territory, whose duty it shall be to receive sealed proposals for the purchase of said bonds, after giving notice of thirty (30) days in two newspapers of general circulation, one of which shall be published in the Territory and the other in the city of New York, and said bonds shall be sold to the highest bidder for cash; Provided, however, that the bonds, issued under the provisions of this act, shall not be sold for less than their par value.

§ 5. TAX.] For the purpose of prompt payment of principal and interest of the bonds herein provided 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 other Territorial taxes are levied and collected, such sums as are sufficient to pay such interest and the exchange thereon as the same shall become due and twelve years after the said 1st day of May, 1889, in addition thereto a sinking fund tax shall be annually levied sufficient to retire and pay said bonds at their maturity, and no tax or fund provided for the payment. of such bonds, either principal or interest, shall at any time be used for any other purpose.

6. APPROPRIATION.] If for any reason the Territorial Treasurer shall not have in his hands sufficient of funds herein provided to pay either principal or interest upon such bonds when due he shall pay such principal and interest out of any other unappropriated fund belonging to the Territory, and there is hereby appropriated and set apart out of the general funds belonging to the Territory a sum sufficient to pay such interest on said bonds as may be due before the funds and tax herein provided can be made available, and it shall be the duty of said treasurer to pay said interest promptly and at the time it falls due, out of said funds; all moneys belonging to the general fund of the Territory applied by said treasurer in payment of either principal or interest of said bonds shall be replaced from the special tax herein provided.

§ 7. GOVERNMENT.] The general supervision and government of said Soldiers' Home shall be vested in board of five (5) commissioners who shall be selected by the Governor of the Territory of Dakota, and with the consent of the Council, said commissioners to be appointed between the 1st and 15th day of May, 1889, no two of whom shall be from the same county, and no member of the general assembly shall be eligible to the office; but all shall be ex-Union soldiers. The members of said board shall hold their office for the respective terms of two (2), four (4) and six (6) years from the 1st day of April A. D. 1889, and until their successors shall be appointed and qualified said respective terms of office to be determined by lot, and thereafter