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Of recent battles.

Resolutions forwarded to president.

return to their homes of peace, with the glorious satisfaction of having preserved us an undivided people, with the constitution of the United States as the supreme law of the nation.

7. That the spontaneous voice of true American gratitude cannot but exult over the success of our arms at the recent battles of Fort Henry, Fort Donelson, and Pittsburg landing; and that we believe the conduct of our forces in those battles will be a lasting honor to them, as well as the American nation, and a proof to the latest time of true American valor.

8. That the secretary of the territory be requested to forward a copy of these resolutions to the president of the United States.

Approved May 14, 1862.

W. JAYNE, Governor.

Auditor to do what.

CHAPTER 109.

JOINT RESOLUTION,

Be it resolved by the Legislative Assembly of the Territory of Dakota : That the territorial auditor be and he is hereby authorized to audit all military claims and demands against the terri tory.

Approved May 15, 1862.

W. JAYNE, Governor.

CHAPTER 110.

RELATING TO THE PRINTING OF THE LAWS AND JOURNALS
OF THE FIRST SESSION OF THE LEGISLATIVE ASSEMBLY
FOR THE YEAR 1862.

Be it resolved by the Legislative Assembly of the Territory of Dakota : 1. That the secretary of the territory be and is hereby requested to procure thirteen hundred printed copies of the laws, memorials, and resolutions passed at this session of the legislative assembly, to be bound as follows: nine hundred copies in law sheep, and four hundred in heavy paper covers; also, two hundred and fifty copies of the journals of each house, to be bound as follows: fifty copies in law sheep, and the remainder in substantial paper covers - both books to be properly indexed.

of the numbers and journals.

and style of laws

chapters.

2. That the printed volume of laws aforesaid shall be Preliminary prefaced by the Declaration of Independence, the Constitution of the United States, and the Organic Act of Dakota Territory.

rections al

3. That, in comparing and arranging the copies of the Necessary corlaws for publication, the secretary of the territory shall be lowed. and is hereby authorized to make such corrections in the orthography, grammatical construction, and punctuation of the said copies as he shall deem necessary to complete the sense of the laws: Provided, That when words and clauses are inserted, such change shall be denoted by inclosing said words and clauses in brackets.

Approved May 14, 1862.

W. JAYNE, Governor.

516

PAY OF CLERKS TERRITORIAL SEAL. [CHAP. CXII.

Extra allowance to James

Hanson.

CHAPTER 111.

[RESOLUTION RELATIVE TO EXTRA PAY OF CLERKS OF THE LEGISLATURE.]

Be it resolved by the Legislative Assembly of the Territory of Dakota: SECTION 1. That there shall be allowed James Tufts, Tufts and J. R. secretary of the council, and J. R. Hanson, chief clerk of the house of representatives, for forty days' extra service in making up the final record of their respective houses, one hundred and twenty dollars each, in full compensation.

Same to William Goodfellow.

Same to Daniel Gifford.

Auditor to issue warrants

SECT. 2. That there is due William Goodfellow, for sixty days' services rendered as the engrossing and enrolling clerk of the council, two hundred and forty dollars.

SECT. 3. That there is due Daniel Gifford, for sixty days' services rendered as the engrossing clerk of the house of representatives, one hundred and eighty dollars.

SECT. 4. The territorial auditor is hereby instructed to issue territorial warrants to each of the above-named individuals, to the amount allowed by this resolution.

Approved May 15, 1862.

W. JAYNE, Governor.

Committee to

report sale.

CHAPTER 112.

JOINT RESOLUTION.

Resolved, by the Legislative Assembly of the Territory of Dakota:

That a joint committee of three from the council, and three from the house of representatives, be appointed to select a territorial seal for the Territory of Dakota, and to agree upon an appropriate device and motto for the same. And that said committee report without delay.

Approved April 30, 1862.

W. JAYNE, Governor.

GENERAL INDEX.

ACKNOWLEDGMENTS, &c. See COMMISSIONERS.
ADMINISTRATORS AND EXECUTORS.

how to distribute personal estate not disposed of by will, 29.

letters of administration granted by probate court of county where deceased resided, 30.
those first granted exclude jurisdiction of other probate courts, 30.

to whom and when granted, 30.

administrator to give bond, with what conditions, 31.

Special Administrator appointed, when delay in granting letters, 31.
his duties and powers, 31.

not liable to action or to pay debts, 31.

shall give bond, with what conditions, 32.

upon granting of letters his powers cease, 32.

if money, goods, &c., embezzled before letters granted, 32.

when administrator or executor dies before estate settled, 32.

when administrator may be removed, 32.

when unmarried woman marries, her rights as administratrix extinguished, 33.

when one administrator removed, remaining administrator may execute duties, or new
one be appointed, 33.

powers of new administrator, 33.

if after letters granted, a will is proved and allowed, 33.

executor complete unfinished administration, 33.

all previous acts of administrators or executors legalized, 33.

when two or more administrators, separate bonds may be taken, 33.

when appointment, or letters of administration applied for, what notice required, 34.

laws relating to exemption to apply to estates of intestates, 34.

administrators and executors to return what inventory, and when, 34.

estate and effects returned in inventory, how appraised, 34.

if justice appoints appraisers, style of order, 35.

inventory carefully noted and certified to executor or administrator, 35.

a separate inventory of personal property allowed the widow, 35.

debts paid out of personal estate; if not sufficient, then out of real estate, 35.

administrator or executor have possession of all estate, and keep in tenantable repair, 36.

if complaint made of embezzlement, &c., person may be cited to appear and answer, 36.
if person cited does not appear, 36.

person intrusted with parts of estate required to report, when, 86.

when debtor of deceased unable to pay all his debts, 37.

when mortgagee dies without foreclosing, executor or administrator may have same
power, 37.

in case of redemption or sale of mortgaged premises, 37.

ADMINISTRATORS AND EXECUTORS—Continued.

if such real estate held by executor or administrator, it may be sold for payment of
debts and legacies, 37.

if not sold, may be partitioned among legatees, 37.

when there is a deficiency of assets, 38.

executor or administrator not bound to sue for estates unless urged by creditors, and
unless they give security, 38.

all real estate so recovered, to be sold for payment of debts, 38.

property exempted, 38.

APOTHECARY.

delivering active poison, without label "poison"-penalty, 318.
APPORTIONMENT.

Red river district apportioned, one council man and two representatives in legislative
assembly, 39.

ASSOCIATIONS. .

act creating" Old Settlers Historical Association," 40.

names of members of incorporation and their powers, 40.

residents prior to passage of organic acts may be members, 41.

objects of association, 41.

when, where, and for how long a time to meet, 41.

first meeting, how called, and what to do, 41.
seven members constitute quorum, 41.

legislature may alter or amend act, 41.

ATTORNEYS.

act regulating the admission of, 42.

qualifications necessary for license to practice, 42.

citizen may attend to his own case in all courts, 42.

supreme court make rules regulating admission of attorneys, 42.

BANKING.

certain corporations prohibited from exercising banking powers, 241.
partnerships prohibited from same, 405.

BASTARDS.

upon complaint accused party brought before justice, 42.

examination, how conducted, 43.

accused discharged on securing payment of expense of child's support, and in satisfac-

tion of mother, 43.

if accused fails to comply, 43.

if complainant cannot attend, 44.

upon trial, mother of bastard admitted as witness, 44.

if accused found guilty, 44.

to give bond, &c., or be imprisoned, 44.

if imprisoned ninety days, 45.

if mother fails to prosecute to final judgment, 45.

if child becomes public charge, commissioners may inquire into facts, 45.

proceedings in such case, 45.

commissioners may compromise with putative father, 45.

BOATS AND VESSELS.

act to provide for proceedings for collections of demands against, 46.
subject to what liabilities, 46.

suit may be instituted against boat or vessel, by its name, 46.
complaint filed with clerk of district court or county, 47.
complaint set forth what, and to be verified, 47.
warrant to be issued giving sheriff what authority, 47.
upon return of warrant, proceedings as in other cases, 47.
master, owner, &c., may appear and answer complaint, 47.

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