APPOINTMENT OF ASSISTANT SERGEANT-AT-ARMS.

CHAPTER 109.

AN ACT to amend an Aet Entitled an Act to employ an Assistant Sergeant at-Arms for the Council and House of Representatives and to provide their Compensation.

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

That section one, chapter 78, of the laws of 1883 be amended so as to read as follows:

§ 1. PRESIDING OFFICERS TO APPOINT.] There shall be appointed by the president of the council and the speaker of the House one watchman and one assistant sergeant at-arms and the president of the council shall appoint a postmaster to discharge the duties pertaining to that office for both council and house, the duties of which postmaster shall be prescribed by the president of the council. The assistant sergeant at-arms shall discharge the several duties of the sergeant at-arms in case of his absence, or inability to serve, and shall, alternately with the watchman. serve as night watchman of the halls of the Council and House of Representatives.

8.2 This act shall take effect from and after its approval. Approved, February 10, 1885.

EXTENDING THE EXTRA TIME FOR CHIEF CLERKS.

CHAPTER 110.

AN ACT to amend Chapter 49 of the Session laws of 1883 Entitled "AN ACT to amend Section 13 of Chapter 20 of the Political Code" relating to extra per diem to Chief Clerk.

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

§ 1. SIXTY DAYS ALLOWED.] That section one (1) of said act is hereby amended by striking out the word "forty" (40) where it

occurs in said section and inserting in lieu thereof the word "sixty" (60).

§ 2. All acts and parts of acts in conflict with this act are hereby repealed.

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

Approved, March 13, 1885.

License Funds.

CHAPTER 111.

AN ACT to amend Section 53 of Chapter 44 of the laws of 1883, and to provide what Fund, money paid to the County Treasurer for Licenses to sell Intoxicating liquors, shall be applied.

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

§ 1. LICENSE FUNDS WITHDRAWN FROM PUBLIC section 53 of chapter 44, of the laws of 1883, be, hereby amended by striking out the words: paid into the county treasury for license to liquors."

SCHOOLS.] That and the same is "And all money sell intoxicating

§ 2. PAID TO GENERAL COUNTY FUND] All fines, forfeitures and pecuniary penalties prescribed as a punishment for crime and collected under the general laws of the Territory and all money paid into the county treasury for license to sell intoxicating liquors in the various counties, shall be placed in and become a part of the general county fund.

§ 3. This act shall take effect and be in force from and after July 15, 1885.

Approved, February 26, 1885.

1885-22

Live Stock Lien.

CHAPTER 112.

AN ACT to amend Section One (1) of Chapter Eighty-five (85) of the Session laws of 1883 entitled "Live Stock."

Be it enacted by the Legislative Assembly of the Territory of Dakota : 81. FINE FOR FILING LIEN EXTENDED.] That section one (1) of chapter eighty-five (85) be and the same is hereby amended by striking out the word, "ten" where it occurs in said section and inserting in lieu thereof the word "ninety."

§ 2. This act shall take effect and be in force from and after its passage and approval. Approved, March 3, 1885.

Militia.

CHAPTER 113.

AN ACT to Amend Chapter 30 of the Political Code, Revised 1877, of the Territory of Dakota, and making an Annual Appropriation to Provide for the Maintenance of the Militia.

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

81. UNIFORMS.] That chapter 30 of the Political Code be amended as follows: That every company or battery of the Dakota National Guard shall provide suitable uniforms, subject to the inspection and approval of the officer who may muster such company into service. For the purpose of aiding in procuring uniforms, and keeping them in repair, there shall be paid annually to each officer and soldier, who shall be uniformed and duly mustered, and is in attendance at the annual encampment or the annual inspection of such company, a sum equal to five dollars.

$ 2. ARMORY.] Every company and battery shall provide at their own expense a suitable room or building for an armory, with

proper racks, frames and other needful provision for the safe keeping of the arms, accoutrements, and stores issued by the Territory, and shall therein keep the same when not in lawful use. The Governor of the Territory is hereby authorized and empowered to receive and execute bonds in the name of the Territory for such arms and accoutrements as may be deemed necessary to fully carry out the provisions of this act.

3. WHEN ENTITLED TO FUNDS.] Each company or battery which shall be organized and mustered, and shall possess minimum number of members, and are uniformed and equipped with the necessary arms and accoutrements for its members, that has a suitable armory and has its arms, accoutrements and stores in good condition, which shall have been annually mustered and inspected by the company commander, and made return thereof to the adjutant general, shall, upon the certificate thereof from the adjutant general, approved by the Governor, be annually paid out of the territorial treasury three hundred dollars, on the receipts of the commander, which shall be in full compensation on the part of the Territory for all pay when not called into active service, and for rent of armory. Whenever Whenever any of the companies shall lapse into ill condition, become lax in discipline, negligent in instruction, drill or other duties, or the members lose interest in their organization, the Governor may retire such company from the service, and shall dmit in place thereof some other company of later organization, which shall have complied with the requirements of the law; Provided, however, That compensation shall not be allowed to more than one company in any county. The Governor, however, may divide the compensation between two companies, where the same have already been organized.

$ 4. EXEMPT FROM JURY DUTY.] Every member of the Dakota National Guard shall be exempt from jury duty, and from the payment of poll tax, and every member who shall be honorably discharged after four years' service, or by reason of disability received while in service, shall be forever so exempt, and also exempt from military duty in time of peace; the proper discharge certificate shall be conclusive evidence of the right of such exemption.

5. ORGANIZATION.] The Governor may form the volunteer companies into battalions and regiments, and appoint officers there or; not less than two nor more than five companies shall constitute a battalion, and two battalions shall be deemed a regiment; the officers of such regiment shall be a colonel, lieutenant colonel and one major.

§ 6. GENERAL TRAINING.] The Governor shall, with or without permanently organizing battalions or regiments, order rendez

vous and encampments of the several companies for instruction in drill and duties, not to exceed four or less than two days in any one year, and shall fix the point at which such companies sll rendezvous, and the Governor shall designate the officer to command at each camp. The Governor shal a low toward the expense of subsistence of the troops during such rendezvous, one dollar and fifty cents per day for each officer and enlisted man actually attending in uniform for the time he is absent from home to attend such rendezvous. Such allowance shall be paid out of the territorial treasury to the companies on such vouchers and proofs as the Governor ay require and on his approval. Transportation, subsistence and suitable camp and garrison equipage shall be provided at the expense of the Territory.

$ 7. MUSTER ROLLS, ETC.-ADJUTANT GENERAL'S SALARY.] The adjutant general and quarter-master general shall prepare, subject to the Governor's approval. blanks and forms for muster rolls, ordnance and property returns, reports, receipts and other papers necessary to carry out the provisions of this act, with proper accompanying instructions from time to time. The adjutant general shall preserve andause to be recopied, when necessary, such mister rolls or other records of his office as require to be transcribed for presentation; that the adjutant general shall receive the sum of ($1000) one thousand dollars per annum as salary, and there is hereby a propriated the sum of five hundred dollars for the purpose of necessary records, keeping the same, traveling expenses, rents, caring for and storing arms, freights and other necessary expenses belonging to the adjutant general's office.

8. INSPECTION.] The entire territorial militia and all armories, ordnance stores, camp and garrison equipage, belonging to the Territory, shall be inspected at least once each year, under such rules and regulatios as may be provided by the inspector general with the approval of the commander-in-chief.

$9. CLERKS. Such clerical assistance shall be employed in the adjutant general's office as shall, in the opinion of the Governor, be actually necessary, and any person so employed shall receive for the time actually and necessarily on duty such compensation as the Governor may prescribe. There shall be allowed annually for postage, stationary and office incidentals to each regimental headquarters, twenty-five dollars, and each company headquarters the sum of ten dollars.

10. CALLING OUT MILITIA.] When the sheriff or other officer authorized to execute process finds, or has reason to apprehend that resistance will be made to the executive thereof, he may command as many male inhabitants of his county as he may think proper; and upon application of the sheriff and by order of the