when. SECT. 6. This act shall take effect and be in force from Take effect, and after its passage. Approved April 24, 1862. W. JAYNE, Governor. TERRITORIAL OFFICERS. CHAPTER 86. AN ACT TO PROVIDE FOR THE ELECTION OF CERTAIN Be it enacted by the Legislative Assembly of the Territory of Dakota : Auditor and year treasurer to be and for how long. SECTION 1. That at the first annual election for the A. D. 1862, and every second year thereafter, there shall be elected, when elected by the qualified voters of the territory, one territorial treasurer and one territorial auditor, for the term of two years. Treasurer to take oath and give bond. Duties. SECT. 2. The territorial treasurer shall take and subscribe to the same oath as county officers, and shall give bonds in the penal sum of two thousand dollars, to be approved by the governor, conditioned that he shall faithfully discharge the duties of his office. He shall keep a correct account of all monies paid over to him, and by whom, and of all monies paid by him on the warrant of the territorial auditor, and to whom the warrant was drawn. He shall report the condition of the treasury to the legislative assembly at the commencement of each session, giving the items; and he shall be Salary. entitled to a salary of fifty dollars per annum therefor. Auditor to take oath and give SECT. 3. The territorial auditor shall take and subscribe to the same oath that is required of the territorial treasurer, and bond. Duties. shall give bonds in the sum of one thousand dollars, to be approved by the governor, conditioned that he shall faithfully discharge the duties of his office. He shall audit all claims Salary. Governor ap .point. Take effect, when. against the territory, and if correct and allowed by law, shall issue a warrant for the same upon the territorial treasurer, to be paid out of any moneys not otherwise appropriated. He shall receipt for all moneys due the territory and pay the same over to the treasurer, taking his receipt for the same. He shall keep a correct account of all moneys received and who from, and of all claims audited and paid, and to whom. He shall report to the legislative assembly at the commencement of each session the financial condition of the territory, giving the items of moneys received and paid out by warrant. He shall also be territorial librarian, and have charge of the territorial library. He shall be entitled to a salary of fifty dollars. SECT. 4. The governor shall appoint, by and with the consent of the council, the above officers, to serve until their successors are elected and qualified. SECT. 5. This act shall take effect and be in force from and after its passage. Approved May 13, 1862. W. JAYNE, Governor. TOWN SITE CLAIMANTS. Town site claimants may become bodies corporate, how. CHAPTER 87. AN ACT GRANTING TO TOWN SITE CLAIMANTS CERTAIN POWERS. Be it enacted by the Legislative Assembly of the Territory of SECTION 1. That whenever any of the public lands of the United States, within the limits of this territory, have been or hereafter shall [be] settled upon, occupied, and claimed as a town or village site, it shall be lawful for the inhabitants, occupants, and claimants thereof, or a majority of them, to and meet at such time and place as they may agree upon, when so met to organize themselves into a body corporate, by choosing a president and a secretary, and agreeing upon a name and articles of association, by the time [terms] of which the rights of the bona fide claimants of such lands. shall be protected, and by choosing three trustees of such corporation; such articles of association shall define the duty of such trustees, and shall also determine the tenure of its officers, and the time and manner of holding of [the meetings of] such corporation. establish by SECT. 2. The trustees of such corporation shall have Trustees may power to establish all such by-laws as may be needful and laws. consistent with the provisions of this act. SECT. 3. The president and secretary of the first meeting shall cause a certified copy of the doings of said first meeting to be recorded in the office of the register of deeds in the county where such land is situated, and such record shall be evidence of the incorporation and corporate existence of the company therein named. SECT. 4. The president so as aforesaid chosen, and his successor in office, shall have full power and authority to enter or purchase said lands at the proper land-office, in trust for the corporation whom they represent, according to the provisions of the laws of the United States in relation to town sites, and to convey the same to the proprietors thereof, according to their respective interests therein, according to the laws of this territory. SECT. 5. This act shall take effect from and after its passage, and approval by the governor. Approved May 13, 1862. Doings of first certified and meeting to be recorded. President may enter or purchase land, &c. Take effect, when. W. JAYNE, Governor. 41 UNIVERSITY. University located at Ver-. milion. Take effect, when. CHAPTER 88. AN ACT TO LOCATE THE UNIVERSITY OF THE TERRITORY Be it enacted by the Legislative Assembly of the Territory of SECTION 1. That the territorial university of the Territory of Dakota be, and the same is hereby established and located on lot number four, of section twenty-four, in township number ninety-two, north of range number fifty-two west of the fifth principal meridian in the town of Vermilion in Clay county. SECT. 2. This act shall take effect and be in force from and after its passage, and approval by the governor. Approved April 21, 1862. W. JAYNE, Governor. WARRANTS. Magistrate may issue search CHAPTER 89. AN ACT TO PROVIDE FOR THE ISSUING OF SEARCH-WAR- Be it enacted by the Legislative Assembly of the Territory of Dakota: SECTION 1. When complaint shall be made, on oath, to warrant on what any justice of the peace or magistrate authorized to issue war complaint. rants in criminal cases, that personal property has been stolen or embezzled, or obtained by false tokens or pretences, and the complainant believes it is concealed in any particular house or place, the magistrate, if he is satisfied that there is reasonable cause for such belief, shall issue his warrant to search for such property. rants in what SECT. 2. Any such justice of the peace or magistrate, Search-warwhen satisfied there is reasonable cause, may, also, on like other cases. complaint made on oath, issue search-warrants in the following cases, to wit: 1. To search for and seize any counterfeit. or spurious coin, forged bank-notes, and other forged instruments or tools, machines or materials, prepared or provided for making either of them. 2. To search for and receive any books, pamphlets, ballads, printed papers, or other things containing obscene language or obscene pictures, figures, or descriptions, manifestly intending to corrupt the morals of the youth, and intended to be sold, loaned, circulated, distributed, or introduced into any family, school, or place of education. 3. To seach for and seize any gaming apparatus or implements used or kept, and to be used in unlawful gaming in any gaming-house, or in any building, apartment, or place resorted to for the purpose of unlawful gaming. directed, and command what. SECT. 3. All such warrants shall be directed to the sheriff, Warrants, how of the county or his deputy, or to any constable of the county, commanding such officer to search the house or place where the stolen property or other thing for which he is required to search are believed to be concealed, which place or things and property to be searched for shall be described in the warrant, and to bring such stolen property or other things, when found, before the magistrate who issued the warrant, or before some other magistrate or court having cognizance of the same. or seized, how SECT. 4. When any officer, in the execution of a search- Property found warrant, shall find any stolen or embezzled property, or shall kept. seize any other thing for which a search is allowed by this act, all the property and things so seized shall be safely kept by the direction of the court or magistrate, so long as shall be necessary for the purpose of being produced as evidence on any trial, and as soon as may be afterwards, all such stolen and embezzled property shall be restored to the owner thereof, and all other things seized by virtue of such |