shall be had under the provisions of this act unless the same has been allowed by the court or judge thereof on due notice, Provided, That this act shall not be construed to apply to trials and juries in criminal cases.

§ 5. This act shall take effect and be in force immediately on and after its passage and approval.

Approved, March 13, 1885.

Justices of the Peace.

CHANGE OF VENUE.

CHAPTER 85.

AN ACT to Amend “An act the Establish a Code of Proceedings in Courts of Justice of the Peace, and to Limit the Jurisdiction of the Same.

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

§1. THIS SECTION TO APPLY.] Section one hundred and twelve of the Justice's Code of the Territory of Dakota, be and the same is hereby amended by adding at the end of said section the following proviso: Provided, That this section shall apply to all examinations and proceedings under chapter three of title two of the Code of Criminal Procedure, relating to the jurisdiction and duties of justices of the peace in cases of security to keep the peace; and also to examinations held under, or pursuant to, chapter seven of title four of said Code, in all cases where the person complained of is not brought before a Judge of the Supreme Court or of the District Court.

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

Approved, March 12, 1885.

1885-20

TIME OF TRIALS AND POSTPONEMENTS.

CHAPTER 86.

AN ACT to Amend Section Forty-seven of the Justices' Code of the Territory of Dakota.

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

§ 1. DEPOSITIONS.] That section forty-seven of the Justice's Code of the Territory of Dakota, be and the same is hereby amended by adding at the end of said section the following: "And if the trial be postponed the depositions of witnesses residing out of the county or territory may be taken either upon commission issued by the justice, or upon notice to take depositions in the same manner as is provided by the Code of Civil Procedure; and such depositions shall, when completed, be directed to the justice, and be published by the justice in the same manner as depositions are published by the clerk of the District Court."

Approved, February 27, 1885.

Justices Practice.

CHAPTER 87.

AN ACT Authorizing County Boards to Purchase the "Dakota Justice Court Practice, Civil and Criminal," for Justices of the Peace.

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

$1. COUNTY BOARD MAY PURCHASE] That the county board of each county in the Territory of Dakota, is hereby authorized to purchase for each justice of the peace in their respective counties, at a price not ex eeding five dollars per volume, one copy of the "Dakota Justice Court Practice, Civil and Criminal," prepared, copy-righted and published by Americus B. Melville.

§ 2. HOW TO PURCHASE.] Whenever any county board shall

purchase and receive one or more of said books, the chairman of said board, together with the county clerk, shall sign a warrant of the county in an amount equal to the price agreed to be paid for said books, and shall deliver the same on demand to the publishe.. This act shall take effect from and after its passage and

3 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.

Legal Holidays.

CHAPTER 88.

AN ACT to Amend Section Twenty one Hundred and Fifteen of the Civil Code of the Territory of Dakota.

Be it enacted by the Legislative Assembly of the 'ierritory of Dakota :

1. DECORATION DAY.] That section twenty-one hundred and fifteen of the Civil Code, be and the same is hereby amended by inserting after the word " December," in the third line of said section, the following words : "The thirtieth day of May."

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

Approved, March 12, 1885.

Legislative Assembly.

APPROPRIATION FOR WATER IN CAPITOL BUILDING.

CHAPTER 89.

JOINT RESOLUTION Providing for the Purchase of Water for Capitol Building.

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

[ 1.] APPROPRIATION.] That there is hereby appropriated out of any funds in the territorial treasury not otherwise appropriated a sufficient sum to pay for water for the use at the capitol building at Bismarck, and the Secretary of the Territory is hereby authorized to contract for and provide water for such purposes. Approved, February 11, 1885.

APPROPRIATION FOR WINDOW SHADES.

CHAPTER 90.

AN ACT to provide Shades for Windows in the "House."

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

$1. APPROPRIATION.] That C. H. Phelps is hereby directed to purchase and place in position nineteen (19) shades for windows in the "House" not already provided therewith.

§ 2. That there is hereby appropriated out of any funds in the territorial treasury not otherwise appropriated forty-seven and 50-100 dollars to be used in payment of shades so furnished. Approved, March 2, 1885.

APPROPRIATION FOR PAGES OF THE COUNCIL.

CHAPTER 91.

AN ACN making Appropriation to pay Geo. Hughes and Charles Healy for Services as Pages of the Council.

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

$ 1. PER DIEM.] That Geo. Hughes and Charles Healy be and are hereby allowed the sum of two dollars per day for each and every day actually employed as pages of the council.

§ 2. APPROPRIATION.] That the sum of two hundred and forty dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the territorial treasury, not otherwise appropriated, for the payment of the service herein mentioned.

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

Approved, March 9, 1885.

APPROPRIATION FOR PURCHASE OF FUEL.

CHAPTER 92.

AN ACT Authorizing the Secretary of the Territory to Purchase Fuel for the Capitol Building during the Present Session of the Legislature.

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

[$ 1.] SECRETARY AUTHORIZED TO PURCHASE.] That the secretary of the erritory is hereby authorized and instructed to provide the necessary fuel for heating the capitol building during the present session of the legislature; and a sufficient amount is hereby appropriated out of any funds in the territorial treasury not otherwise appropriated for the payment thereof, Providing, That the amount furnished by the general government for that purpose as provided by law shall be found insufficient.

Approved, March 7, 1885.