CHAPTER 55.

CORRECTING BOUNDARIES OF DAY COUNTY.

AN ACT to Correct and Define the Boundaries of Day County, Dakota.

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

§ 1. BOUNDARIES.) That all that district of county included within the following boundary lines, to-wit: Beginning at the point where the south line of township 120 intersects the western boundary line of Grant County, thence north along the western boundary of Grant and Roberts Counties to the northeast corner of township one hundred and twenty-four (124), range fifty-three (53), thence west along the north line of township one hundred and twenty-four (124), to the northwest corner of township one hundred and twenty-four (124), range fifty-nine (59), thence south along the west line of range fifty-nine (59) to the southwest corner of township one hundred and twenty (120), range fifty-nine (59), thence east along the south line of township one hundred and twenty (120) to the place of beginning, shall be and the same is hereby constituted and declared to be the County of Day.

§ 2. REPEAL.

REPEAL.] That all acts and parts of acts in conflict with the provisions of this act are hereby repealed. § 3.

IN EFFECT WHEN.] This act shall take effect and be in force from and after its passage and approval. Approved, March 8th, 1889.

1889-11

CHAPTER 56.

AMENDING BONDING LAW FOR LAWRENCE COUNTY.

AN ACT to Amend Section two (2) of a Special Law passed by the Fifteenth Legislative Assembly of Dakota Territory, and approved March 9th, 1883, Entitled an Act to Authorize Lawrence County to Issue Bonds to be Used in Refunding and Paying Off its Outstanding Indebtedness and to Provide for the Payment of the Same.

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

§ 1. CONDITION OF BONDS.] That Section two (2) of a Special Act passed by the Fifteenth Legislative Assembly of Dakota Territory, approved March 9th, 1883, entitled an "Act to authorize Lawrence County to issue bonds to be used in refunding and paying off its outstanding indebtedness and to provide for the payment of the same," be amended so as to read as follows:

"S 2. The bonds issued under this act shall be signed by the Chairman of the Board of County Commissioners of said Lawrence County and attested by the County Clerk or Auditor under the County Seal. Said bonds or any of them may be sold and disposed of by said county at not less than ninety (90) cents on the dollar, in which event the proceeds thereof, shall be used in redeeming, purchasing or paying off at not more than par, the outstanding indebtedness of said county, or said county may exchange said bonds or any of them for such outstanding indebtedness, but the said bonds an (and) the proceeds thereof shall be used for no other purpose whatever, except so much as shall be absolutely necessary to pay the expenses of preparing, issuing, advertising and disposing of the bonds to be used under this act, and all other unappropriated funds in the county treasury of said county, not actually required to pay the necessary current expenses of the county, shall be used to pay the said outstanding indebtedness of said county, and accruing interest upon the bonds herein authorized.

§ 3. IN EFFECT-WHEN.

This act to take effect and be in force

from and after its passage and approval.

NOTE BY THE SECRETARY OF THE TERRITORY.

The foregoing Act having been presented to the Governor for his approval and not having been returned by him to the Council, the House 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 57.

CREATING THE COUNTY OF MEADE.

AN ACT to Create and Establish the County of Meade and for Other Purposes.

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

§ 1. BOUNDARIES.] That all that portion of the county of Lawrence in the territory of Dakota bounded and described as follows, to-wit: Beginning at the point on the southern boundary line of said Lawrence county where the range line between ranges five and six intersects said boundary line; thence north along the range line between ranges five and six to the line between townships three and four; thence west along said last mentioned township line to the range line between ranges four and five; thence north along said range line between ranges four and five to the northern boundary line of Lawrence county; thence east along the northern boundary line of Lawrence county to the one hundred and third meridian of longitude west from Greenwich; thence south along the said one hundred and third meridian to a point were said meridian intersects with the channel of the North Fork of the Cheyenne or Belle Fourche river; thence southeasterly, along down the said North Fork of the Cheyenne or Belle Fourche river on the line of the Great Sioux reservation to its confluence with the South Fork of the Big Cheyenne river; thence up said South Fork of the Big Cheyenne river along the line of the Great Sioux reservation to a point where it intersects with the boundary line of Pennington county; thence west along the boundary lines of Pennington and Lawrence counties to the place of beginning, be and the same is hereby erected into a county, by the name of Meade, and the territory included within such boundaries shall be and constitute the county of Meade.

§ 2. COMMISSIONERS.] That for the purpose of providing for the organization of said county of Meade there are hereby appointed commissioners to perform the duties hereinafter designated, Max Hoehn, Daniel P. Flood and W. C. Burton.

§ 3. ORGANIZATION OF BOARD.] Said commissioners herein appointed shall on or before the first Monday in April, 1889, meet at the city of Sturgis, in said Meade county, and shall qualify by taking an oath to faithfully discharge their duties as such appointees under this act and shall then enter upon the discharge of their duties, first selecting one of their number who shall act as chairman and one who shall act as clerk of said board of commissioners. They shall issue a notice of the election hereinafter provided for, one of such no

tices at least to be posted in each of the precincts of said county, as they shall be by said commissioners established, and by publishing the same in each of the newspapers published in said county at least twenty (20) days before said election. Said commissioners shall, before issuing such notice, establish precincts in said county and polling places and appoint for each three judges of electon in the same manner as judges of election are appointed by county commissioners under the general law.

4. ELECTION.] An election shall be held in said county of Meade on the seventh (7th) day of May, 1889, at which time all county officers for said county, as provided by the general law, shall be elected, including three county commissioners which officers having qualified shall hold their offices until the first general election thereafter and until their successors shall have been elected and qualified, and at said election the qualified electors of said county are empowered to vote for and select the place of county seat by ballots, the place receiving the highest number of votes shall be the county seat, until otherwise changed under the provisions of the laws of the Territory.

§ 5. CANVASS.] The returns of said election shall be made to the commissioners hereinbefore designated, who shall meet at the city of Sturgis, in said county of Meade, on the 13th day of May, 1889, and shall canvass such returns and declare the result in the manner prescribed for county canvassing boards, and said commissioners shall issue their proclamation announcing who are elected to such county offices, and what place has been selected by the qualified voters as the county seat, and publish the same in a newspaper published in said county within ten days after said canvass.

§ 6. OFFICERS QUALIFY.] On or before the first (1st) Monday of June after said election the officers thus elected shall qualify, and shall then enter upon their duties, and the commissioners herein before appointed shall after canvassing said returns of votes and issuing and publishing such proclamation, cease to exercise further power hereunder, and said commissioners hereinbefore provided for shall be entitled to receive for their services, to be paid by the said county of Meade, the same per diem as county commissioners are allowed under the general law of the Territory, but for not to exceed ten (10) days' services.

§ 7. BALLOT BOXES, ETC.] Said commissioners hereinbefore

provided for shall have the power to provide ballot boxes and poll books for said election, and they may post the notices of such election or designate and employ some other person for that purpose, the reasonable expense of which shall be audited by the county commissioners of the County of Meade and allowed as a charge against said county.

§ 8. VACANCY.] In case of a failure to qualify by either of the commissioners hereinbefore appointed, or of a vacancy otherwise occurring, the remaining commissioners or commissioner shall have the

power to fill such vacancy by designating some elector or electors of said county of Meade to act, who shall qualify and take the oath herein prescribed.

§ 9. GENERAL LAW APPLICABLE.] The election under this act shall be conducted in the same manner as required by law in general elections, and no refusal or neglect on the part of any commissioner or other person to perform his duties in connection therewith shall in anywise affect the validity of said election.

$10. OFFICERS CONTINUED.] All justices of the peace and constables in office, as such, within the boundaries of the county organized under this act shall continue in office as such justices of the peace and constables in and for said county of Meade, for the remainder of their term and shall give bonds to the county organized under this act in the same amount and in the manner as they had previously given to the county of Lawrence.

S 11. OTHER LAWS APPLICABLE.] In all matters not specially provided for in this act the officers of said county of Meade shall be governed as to their duties and emoluments and the said county shall be governed in all its affairs by the laws of the Territory applicable thereto.

$12. TRANSCRIPTS OF RECORDS.] The county commissioners of said county of Meade are hereby empowered and it is made their duty to procure transcripts of all records of Lawrence 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 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 object and purpose herein named and for the completion thereof; Provided however, that such books, papers and records shall not be removed from their proper place or custody.

13. PROPORTION OF OLD COUNTY DEBT.] The county of Meade organized under this act shall assume and pay, as hereinafter provided, a just proportion of the indebtedness of Lawrence county from which it is segregated, based upon the assessed valuation of said Lawrence county for the year 1888, and upon the proportion that the valuation within the county of Meade bears by the said assessment of 1888 to the valuation within the whole of Lawrence county; and it is hereby made the duty of the County Commissioners of both the counties of Meade and Lawrence to meet together at the county seat of Lawrence county, on the first day of July, 1889, and at such meeting they shall ascertain as near as may be the total outstanding indebtedness of Lawrence county on the first day of July, the date of the joint session provided for in this section, and from the total they shall make the following deduction, to-wit:

I. The amount of all sums due and payable to said Lawrence county for rents.

II. The amount of outstanding bonds given for public property