SECT. 22. Every special partner who shall violate any provisions of the two last preceding sections, or who shall concur in or assent to any such violation of the partnership, or by any individual partner, shall be liable as a general partner. Same. partner claims until all others are satisfied. SECT. 23. In case of the insolvency or bankruptcy of the ope partnership, no special partner shall, under any circumstances, be allowed to claim as a creditor, until the claims of all the other creditors of the partnership shall be satisfied. SECT. 24. No dissolution of such partnership by the act of the parties shall take place previous to the time specified in the certificate of its formation, or in the certificate of its renewal, until a notice of such dissolution shall have been filed and recorded in the office of the register of deeds in which the original certificate was recorded, and published once in each [week] for four weeks, in a newspaper printed in each of the counties where the partnership may have places of business; and, if there be no newspaper published in such county or counties, then by publishing the same as aforesaid, in a newspaper published at the capital of the territory. Dissolution befied, how. fore time speci when. SECT. 25. This act shall take effect and be in force from Take effect, and after its passage. Approved May 12, 1862. W. JAYNE, Governor. PENITENTIARY. CHAPTER 66. AN ACT TO LOCATE THE PENITENTIARY. Be it enacted by the Legislative Assembly of the Territory of Dakota : Bon Homme. SECTION 1. That the penitentiary for Dakota Territory Located at is hereby located at Bon Homme, in said territory, on the Take effect, when. north-east quarter (1-4) of section number thirteen (13), in township ninety-three (93), of range number fifty-nine (59) west, and shall not be removed except by a two-third vote of the legislative assembly of Dakota Territory, and the approval of said vote by the governor. SECT. 2. This act to take effect from and after its passage, and approval by the governor. Approved May 5, 1862. W. JAYNE, Governor. PUBLIC LANDS. Persons hold 'ing may main CHAPTER 67. AN ACT TO PROTECT PERSONS HOLDING CLAIMS ON THE Be it enacted by the Legislative Assembly of the Territory of Dakota: SECTION 1. Any person settled upon the public lands tain action, &c. belonging to the United States, on which settlement is not expressly prohibited by congress, or some department of the general government, may maintain an action for any injuries done to the same, also an action to recover the possession thereof, in the same manner as if he possessed a fee-simple title to said lands. Possessory right 'considered to ex ries. SECT. 2. On the trial of any such cause, the possession or tend to bounda- possessory right of the plaintiff shall be considered as extending to the boundaries embraced by the claim of such plaintiff, so as to enable him to have and maintain any of the aforesaid actions without being compelled to prove a natural inclosure: Provided, That such claim shall not exceed in any case one hundred and sixty acres. Proviso. Every claim must be marked out, how, &c. SECT. 3. Every such claim, to enable the holder thereof to maintain any of the aforesaid actions, shall be marked out, so that the boundaries thereof may be easily traced, and the SECT. 5. This act shall take effect on and after its passage. W. JAYNE, Governor. RELIGION. CHAPTER 68. AN ACT TO FORM AND REGULATE RELIGIOUS SOCIETIES. Be it enacted by the Legislative Assembly of the Territory of Dakota : age SECTION 1. It shall be lawful for all persons of full belonging to any church, congregation, or religious society, not already incorporated, to assemble at the church or meeting-house, or other place where they statedly attend for divine worship, and by a plurality of votes elect any number of discreet persons of their church, congregation, or society, not less than three nor more than nine in number, as trustees, to take charge of the estate and property belonging thereto, and to transact all affairs relative to the temporalities thereof. SECT. 2. It shall be lawful for any such church, congrega Trustees elected. how. President chosen, howwho may vote. Notice of election to be given, how.. tion, or religious society to choose a president of the said corporation, and of their meetings by a vote as aforesaid; and, at the election provided for in this chapter, every person of full age, who has statedly worshipped with such church, congregation, or society, and has been formerly considered as belonging thereto, shall be entitled to a vote. SECT. 3. The minister of such congregation or society, and in case of his death or absence, one of the elders or deacons, church-wardens or vestrymen thereof, and, for want of such officers, any other person being a stated hearer in such church, congregation, or society, shall publicly notify the congregation of the time when and the place where the said election shall be held, at least fifteen days before the day of election; and such notification shall be given for two successive Sabbaths, on which such church, congregation, or society shall statedly meet for public worship preceding the election. SECT. 4. Any two of the elders, deacons, church-wardens, or vestrymen of such church, congregation, or society, or, if such officers shall not be present, then any two voters present, to be nominated by a majority of the voters, shall preside at such election, receive the votes and determine the qualificaCertify who is tions of voters; and they shall, immediately after the election, certify, under their hands and seals, the names of the persons elected to serve as trustees, in which certificate the name by which the said trustees, under their successors in office, shall forever thereafter be called and known, shall be particularly mentioned and specified. Who receives votes, and determines qualifications of voters. elected. Certificate acknowledged and recorded. SECT. 5. Such certificate shall be acknowledged by the persons making the same, or proved by a subscribing witness thereto, before some officer authorized to take the acknowledgment of deeds, and recorded together with the certificate of such acknowledgment or proof, by the register of deeds of the county in which the church or place of worship shall be situated, in a book provided by him for that purpose, Fee of register who shall be entitled to receive seventy-five cents for such record; and thereafter such trustees and their successors shall be a body corporate, by the name expressed in such certificate. SECT. 6. Such trustees may have a common seal, and church property, may alter the same at pleasure; and they may take into their possession and custody all the temporalities of such church, congregation, or society, whether the same shall consist of real or personal estate, and whether the same may have been of deeds. Trustees have seal, and have possession of given, granted, or devised, directly or indirectly, to such church, congregation, or society, or to any other person or persons for their use. General powers SECT. 7. Such trustees may, also, in their corporate name, of trustees. sue and be sued, in all courts and places, and they may recover and hold all the debts, demands, rights, and privileges, all churches, buildings, burying-places, and all the estate and appurtenances belonging to such church, congregation, or society, in whatsoever manner the same may have been acquired, or in whose hands soever the same may be held, as fully and amply as if the right and title thereto had been originally vested in the said trustees; and they may hold other real or personal estate, and demise, lease, and improve the same; but the whole of such estate, real and personal, shall not exceed the yearly value or income of three thousand dollars. SECT. 8. The said trustees shall also have authority to alter and repair their churches and meeting-houses, and under the direction of the society or congregation, to erect churches or meeting-houses, and dwelling-houses for their ministers, and other buildings for the use of their church, congregation, or society. May build, churches and alter, and repair houses. orders, &c. SECT. 9. They shall also have authority to make rules and Make rules, and orders for managing the temporal affairs of such church, congregation, or society, and to dispose of all moneys belonging thereto; and to order and regulate the renting of pews or slips in their churches and meeting-houses, and the perquisites for the breaking of the ground in the cemetery or churchyard, and in the said churches or meeting-houses for burying the dead. and remove clerk, collector. SECT. 10. They may appoint a clerk and treasurer of their May appoint board, and a collector to collect and receive their rents and treasurer, and revenues, and may regulate the fees to be allowed to such clerk, treasurer, and collector, and may remove them and appoint others in their stead, at pleasure, and such clerk shall enter all rules and orders made by such trustees and payments ordered by them, in a book to be procured by them for that purpose. call meeting, &c. SECT. 11. Any two of the trustees may, at any time, call Any two may a meeting of the trustees, and a majority of them being lawfully convened, shall be competent to do and perform all |