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Immigration.

CHAPTER 66.

AN ACT Creating the office of Commissioner of Immigration and for the Appointment of a Commissioner of Immigration for the Territory of Dakota.

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

§ 1. COMMISSIONER OF IMMIGRATION.] The office of Commissioner of Immigration is hereby created and established.

2. DUTIES-APPOINTMENT.] The duties of the said office shall be performed by a commissioner of Immigration, who shall be appointed by the Governor by and with the advice and consent of the council, for the term of two years from the date of his appointment, and shall serve during the said term of two years and until his successor is appointed and shall have qualified. The commissioner must be a resident of Dakota and shall possess the requisite qualifications required by law for holding office in the Territory.

3. OATH AND BOND.] The person so appointed shall, upon his confirmation, proceed to qualify by subscribing the proper oath of office and depositing with the Secretary of the Territory his official bond in the sum of five thousand dollars, with such surety as the Secretary shall approve, conditioned for a faithful discharge of the duties of his office.

§ 4. FURTHER DUTIES] It shall be the duty of the commissioner to look after and devise means to advance the immigration interests of Dakota, and to encourage and promote the permanent settlement and improvement of all sections of the Territory. He shall have charge of the preparation in manuscript, the publication, and the distribution by mail and otherwise of any and all documents and articles of reading matter, designed to convey correct and full information on all matters pertaining to the growth and development of the agricultural, manufacturing, commercial and mining interests of the Territory of Dakota. He shall attend to all correspondence relating to immigration, and shall do all in his power by letter; by the use of published printed matter, and through personal efforts, to secure the most liberal and extensive advertisement of the resources and opportu1885-15

nities of Dakota. It shall be his aim to induce the investment of capital in agriculture, in mining, and in different industrial and mercantile pursuits, and to facilitate the coming to Dakota of persons and families seeking permanent location for new homes. It shall be the duty of the commissioner to procure the most favorable rates of fare obtainable from railroad and other transportation companies, for persons coming to Dakota, and where such persons have formed a colony or party of considerable numbers, he shall be required to visit them, if necessary, and do all in his power to direct and assist them in making the necessary arrangements for transportation and in reaching Dakota.

§ 5. TO HAVE CHARGE OF EXHIBIT.] The cominissioner shall have charge of any exhibit of the products and resources of Dakota which may be made at any fair or exhibition held at any point in the United States, and shall have authority to co-operate with any railroad company or companies doing business in the Territory, and with any other parties interested, with the view of securing such exhibit at any fair or exposition held as aforesaid.

§ 6. TERRITORIAL STATISTICIAN.] The commissioner shall and is hereby declared to be ex-officio territorial statistician. It shall be his duty to obtain from county assessors and other officers of the organized counties of the Territory, and to collate and prepare in tabulated form for reference, statistics showing county, township, and other municipal indebtedness of all kinds: the assessed valuation of real and personal property, the acreage in wheat, corn, and other kinds of grain: the number of cattle, horses, hogs, and other live stock, and the population, vital statistics, and all other information pertaining to and showing the condition, growth, and development of the Territory by counties.

$7. REPORT.] The commissioner shall make a report on the first day of each month, or at any time, upon the request of the Governor, showing the work done by his office, and shall make a biennial report to the Governor, at the regular session of the Legislative Assembly, showing the operations and affairs of his

office in detail.

$8. GOVERNOR MAY REMOVE.] The commissioner may at any time during his term of omce be removed from office by the Governor, on presentation of satisfactory evidence of his incompetency or failure to perform the duties of his office properly, and the Governor shall have power to fill the vacancy during the interim, for the balance of the unexpired term.

$9. SALARY.] The commissioner shall have an annual salary of two thousand dollars ($2,000).

§ 10. APPROPRIATION, OFFICE EXPENSE.] The sum of nine

hundred (900) dollars per annum shall be allowed the commissioner for clerk hire and other office expenses. For traveling expenses incurred while in the performance of the duties of his office embraced within the provisions of this act, the commissioner shall be allowed the sum of five hundred (500) dollars for each year of his term of office.

11. APPROPRIATION ADVERTISING.] To defray the expenses of the office of the commissioner incurred in the publication and distribution of advertising and reading matter, and documents of all kinds, and in any and every other manner contracted under the authority of this act for the purpose of carrying out its provisions, there shall be and is hereby appropriated out of any funds belonging to the Territory not otherwise appropriated, the sum of four thousand (4,000) dollars, or so much thereof as may be necessary for the two years ending on the thirty-first day of December, 1886.

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

Approved, March 11, 1885.

Imprisonment.

CHAPTER 67.

AN ACT to Amend Section 759 of the Penal Code, relating to Terms of Im

prisonment.

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

1. TERM OF SENTENCE.] That the last sentence of section 759 of the Penal Code in the words following, to-wit: "But no person can in any case be sentenced to imprisonment in the territorial prison for any term less than one year" is hereby repealed, and said sentence is stricken out of said section.

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

Approved, March 12, 1885.

Insane.

NORTH DAKOTA HOSPITAL.

CHAPTER 68.

AN ACT Establishing the Noh Dakota Hospital for the Insane and Providing for the Government of the Dakota Hospitals for the Insane.

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

1. WHERE LOCATED.] That the North Dakota Hospital for the Insane, until otherwise provided by law, is established as now located on parts of sections six (6) and seven (7), in township one hundred and thirty-nine (139), north of range sixty-three west of the fifth principal meridian, in the county of Stutsman, near the city of Jamestown.

2. APPOINTMENT OF TRUSTEES.] The board of trustees of each Hospital for the Insane shall consist of five members, and the Governor, by and with the consent of the council, shall at this session of the Legislative Assembly of the Territory of Dakota, appoint five persons as trustees respectively for the North Dakota Hospital for the Insane, and five persons as trustees for the Dakota Hospital for the Insane; three persons of each board shall be residents respectively of the counties in which the Hospital for the Insane are situated as trustees of such Hospital, each of whom shall hold their offices respectively for the term of two years and until their successors are appointed and qualified, except to fill vacancies, which shall only extend to the end of the next session of the Legislature. In case of any vacancy occasioned by the removal from the Territory by such trustee, or death, resignation, or non-acceptance of the office, the Governor shall immediately fill such vacancy; and unless the person so appointed shall accept the office within twenty days, the Governor shall immediately thereafter appoint some other person; and the Governor at each session of the Legislature hereafter shall appoint the trustees for each of said hospitals for the term of two years, as in this section provided, and each of said members of the said board shall before entering upon the duties of his office take and subscribe the oath of office provided by law.

§ 3. OBJECT OF HOSPITAL.] The object of the said Hospitals for the Insane shall be to receive and care for all insane or dis

tracted persons residing within its jurisdiction, as limited and prescribed in this act, who may be committed to their care in accordance with law, and to furnish all needed medical treatment, seclusion, rest, restraint, attendance, amusement, occupation and support which may tend to restore their health and recover them from insanity or to alleviate their sufferings: Provided, That the trustees shall have power to discharge patients and to refuse additional applications for admission to the Hospital under their care, whenever in their judgment the interests of the insane demand such discharge or refusal; and that in the admission and attention of patients, curables and recent cases shall have the preference over cases of long standing, and that violent, dangerous or otherwise troublesome cases shall have preference over those of an opposite description.

The board

84. TRUSTEES MAY TAKE LANDS, ETC-PROVISO.] of trustees of each Hospital may take in the name of the Territory and hold in trust for the hospitals, any lands conveyed or derived, and any money or personal property given or bequested, to be applied for any purpose connected with either institution; Provided, They shall not have power to bind the Territory by any contract, beyond the amount of the appropriation which may at the time have been made for the purpose expressed in the contract, nor to sell or convey any part of the real estate belonging to said hospitals without the consent of the Legislature, except that they may release any mortgage or convey any real estate which may be held by them as security for any money or upon any trust, the terms of which authorize such conveyance. No trustee or officer of either Hospital shall be either directly or indirectly interested in any contract for the purchase of building material, supplies or other articles for the use of the institution They shall provide and keep a seal upon which shall be inscribed the name of the Hospital, with such other words and devices as they may deem appropriate.

§ 5. PER DIEM.] The trustees shall be paid at the rate of three dollars per day for the time necessarily incurred in the discharge of their official duties, and five cents per mile going and returning necessarily traveled in the discharge of said duties. Upon the presentation of the proper vouchers, containing an itemized statement of the sum due each trustee for services rendered, and for mileage, duly signed by the president of the board of trustees and countersigned by the secretary of said board, the territorial Auditor shall draw his warrant upon the territorial Treasurer therefor to be paid out of the territorial treasury.

$6. OFFICERS OF BOARD.] The trustees of each board shall elect a president and secretary from their own number, whose term of office shall be for one year, or until said board shall elect their

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