Exemptions.

CHAPTER 55.

AN ACT to Amend Certain Sections of Part 2, Chapter Thirteen, of the Code of Civil Procedure, subject "Exemptions."

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

§ 1. DEBTOR TO MAKE SCHEDULE.] That section three hundred and twenty-six of the code of civil procedure is hereby amended by adding thereto the following: Whenver any debtor against whom an execution, warrant of attachment or other process has been issued, desires to avail himself of the benefit of section 324 of this code, the said debtor, his agent or attorney, shall make a schedule of all his personal property of every kind and character, including money on hand, and debts due and owing to the debtor, and deliver the same to the officer having the execution, warrant of attachment, or other process, which said schedule shall be subscribed and sworn to by the debtor, his agent or attorney, and any property owned by the debtor and not included in said schedule shall not be exempt as aforesaid."

§ 2. APPRAISED.] That section three hundred and twentyeight of the code of civil procedure be amended by striking out the following words where they occur therein: "The property must be appraised at the usual price of such articles at sheriff's sales," and inserting instead thereof the following: "The property must be appraised at the actual value of the several articles at the place where they are situated."

§ 3. NO EXEMPTION IN CERTAIN CASES.] That section three hundred and thirty-three of the code of civil procedure be hereby amended by adding thereto the following: "6. No exemptions, except the absolute exemptions, shall be allowed any person against an execution or other process issued upon a debt incurred for property obtained under false pretenses."

§ 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

§ 5. This act shall 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 to the House of Representatives, 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. JAMES H. TELLER,

Secretary of the Territory.

Fees.

SHERIFF'S FEES ON FORECLOSURE BY ADVERTISEMENT.

CHAPTER 56.

AN ACT to Provide for Fees in Foreclosures of Mortgages of Real Estate by Advertisement.

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

§1. FEES TO SHERIFF.] That the sheriff making the sale of real property under the foreclosure of mortgages by advertisement shall receive the same fees and no more that are now or may hereafter be provided by law for the sale of real property under a judgment of foreclosure and sale of real property.

2. This act shall take effect and be in force from and after its passage and approval.

Approved, March 4, 1885.

FOR TRANSPORTING CONVICTS.

CHAPTER 57.

AN ACT Fixing the Fees for Transporting Convicts to the Penitentiary. Be it enacted by the Legislative Assembly of the Territory of Dakota : 1. NECESSARY EXPENSES AND FEES.] The necessary expenses and legal fees of sheriffs and other officers incurred in conveying convicts to the territorial penitentiary shall be approved by the

Auditor of the Territory and paid out of the territorial treasury. Said Auditor may allow for said expenses and fees the following rates:

Three dollars per day for time of sheriff necessarily spent going to and from the prison by the nearest route.

Two dollars and fifty cents per day for each guard necessary, and such sums as may be necessary for railroad or stage fare and actual traveling expenses.

Not more than one guard shall be allowed for one prisoner, and one additional guard for every two additional prisoners. When conveyance by team is necessary, a team and driver may be employed at a rate of compensation not exceeding five dollars per day-not less than forty miles per day to be estimated as a day's travel. All bills shall be in writing and fully itemized and verified by oath, and accompanied by the receipt of the warden of the state prison for the delivery of such convict or convicts.

§ 2. REPEALED.] That section six hundred and sixty-five and section six hundred and sixty-eight of chapter sixteen of the Code of 1877, and all other acts in conflict with this act are hereby repealed.

Approved, March 13, 1885.

FOR TRANSPORTING INSANE.

CHAPTER 58.

AN ACT Fixing the Fees of Sheriffs and other Officers for Transporting Insane Persons to the Asylums of the Territory, or Convicts to its Penitentiary.

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

1. NECESSARY EXPENSES AND FEES.] The necessary expenses and legal fees of sheriffs and other officers incurred in conveying insane persons to the hospitals in this Territory, or convicts to the penitentiary, shall be approved by the Auditor of the Territory and paid out of the territorial treasury. Said Auditor may allow for said expenses and fees the following rates :

Three dollars per day for time of sheriff necessarily spent going to and from the prison, or asylum, by the nearest route.

Two dollars and fifty cents per day for each guard necessary,

and such sums as may be necessary for railroad or stage fare and actual traveling expenses.

Not more than one guard shall be allowed for one insane person or convict. All bills shall be in writing and fully itemized and verified by oath and accompanied by the receipt of the superintendent of the insane hospital or warden of the penitentiary for the delivery of such insane person or convict.

§ 2. REPEALED.] That all acts now in force regulating the fees of officers for transporting insane persons, or convicts, are hereby repealed.

Approved, March 13, 1885.

JURORS IN JUSTICES COURT.

CHAPTER 59.

AN ACT to Amend Section Twenty of Chapter Thirty-nine of the Political Code in Relation to Juror Fees in Justice Court.

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

81. AMENDMENT.] That section twenty of chapter thirty-nine of the political code is hereby amended by striking out the word "case" in the last line of said section and insert in lieu thereof the words: "day or part of days."

§ 2. This act shall take effect and be in force from and after its passage and approval.

Approved March 2, 1885.

Fish.

CHAPTER 60.

AN ACT to Protect the Passage of Fish in the Dakota, Sioux and Sheyenne Rivers.

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

$1. PERSONS BUILDING OR OWNING DAMS TO MAKE PASSAGE WAY FOR FISH.] There shall be erected and maintained by the owner or owners of any dam across the Sioux, Dakota and Sheyenne rivers, a fishway, at least one foot in depth at the edge of dam, and of proper width, to allow all fish endeavoring to migrate to the waters of said rivers above the dam, to pass over the same. The said fish way shall be placed at an angle of not more than thirty degrees, and extend entirely to the running water below the dam, and it shall be protected on each side by an apron at least one foot in height, to confine the waters therein. Said fishway shall be constructed under the supervision of the county commissioners of the counties where said dams are located, and be located at such place in said dam, and built in such manner and of such material as they may direct; Provided, That the provisions of this act shall not apply to mill dams already in existence on the Sioux river as long as they are in good repair, but whenever such dams need reconstruction the provisions of this act shall be in full force.

$2. WHEN COMMISSIONERS OF COUNTY MAY BUILD FISHWAY.] Whenever the owner or occupant of any such dam neglects or refuses to construct such fish way or chute over the same, the commissioners of the county in which such dam is situated shall proceed on notice to them in writing, made by five freeholders of the county, to let the work of erecting such fish way or chute, and providing material therefor, to the lowest responsible bidder, and all expenses attendant upon the erection or maintenance of the same shall be paid by the owner or the occupant of the dam, [and] shall be recovered in the name of the person so building such fishway or chute, upon the acceptance of the same by the county commissioners; and if not paid by said dam owners or occupants, the same shall become a lien on said property, and shall be collected as is provided in enforcing mechanics' liens.

§ 3. All acts or parts of acts in conflict with this act are hereby repealed.