Governor, any military companies in the county, armed and equipped, shall assist him in overcoming the resistance, and if necessary, in seizing, arresting and confining the resistors and their aiders and abettors, to be punished by law.

11. MILITIA, HOW PAID. All officers and soldiers while on duty or assembled therefor, pursuant to the order of any sheriff of any county in cases of riot, tumult, breach of the peace, or whenever called upon by the civil authorities to aid in the enforcement of the laws, shall receive the same compensation as provided for in section 12 of this act, and shall be a portion of the county charges of said county from the Territory, to be levied and raised as other county charges are levied and raised.

$12. PAY OF OFFICERS AND MEN ] The military forces of the Territory, when in the actual service of the Territory in time of insurrection, invasion, or immediate danger thereof, shall, during their time of service, be paid by an appropriation especially made therefor, the following sums each tor every day actually on duty: To each general, field and staff officer,.. To every other commissioned officer, To every non-commissioned staff officer,. To every other enlisted man,.

$4.00

2.50

2.00

1 50

§ 13. RULES FOR GOVERNING.] The Governor shall from time to time make, publish and distribute in a neat pamphlet form, rules, regulations and orders for the government of the Dakota National Guard, not inconsistent with law.

14 APPROPRIATION.] For the purpose of carrying out the provisions of chapter 30 of the Political Code of the Territory of Dakota as herein amended, there is hereby made an appropriation of fifteen thousand dollars per annum, or so much thereof as may be necessary, out of any money in the territorial treasury, and all warrants against said appropriation shall be drawn by the territorial Auditor upon the territorial Treasurer, upon the certificate of the adjutant general approved by the Governor. All laws in conflict with the foregoing provisions being hereby so amended as to conform thereto.

15. This act being deemed of immediate importance shall take effect from and after its passage and approval.

Approved, March 12, 1885.

COMMISSIONS-WHEN TO EXPIRE.

CHAPTER 114.

AN ACT to Amend Chapter (30) Thirty, Section Fourteen of the Political Code. Revised 1877.

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

1. COMMISSIONS EXPIRE.] That section !ourteen of said chapter thirty be amended by striking out the words "except the quarter master general, adjutant general and paymaster general.” § 2. This act shall take effect immediately after its passage and approval.

Approved, March 13, 1885.

New Trials.

CHAPTER 115.

AN ACT to Amend Sections Four Hundred and Twenty-three and Four Hundred and Twenty-four of the Code of Criminal Procedure of the Territory of Dakota.

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

$1. WHEN COURT MAY POSTPONE.] That section four hundred and twenty-three of the Code of Criminal Procedure of the Territory of Dakota, be and the same is hereby amended by adding thereto as paragraph seven: "When new evidence is discovered materia! to the defendant, and wl ich he could not with reasonable diligence have discovered and produced at the trial when a motion for a new trial is made upon the ground of newly discovered evidence, the defendant must produce at the hearing, in support thereof, the affidavits of the witnesses by whoin such evidence is expected to be given, and if time is required by the defendant

to produce sach affidavits, the court may postpone the hearing of the motion for such length of time as, under all the circumstances of the case, may seem reasonable."

§ 2. APPLICATION—WHEN TO BE MADE.] BE MADE.] That section four hundred and twenty-four of the Code of Criminal Procedure of the Territory of Dakota be and the same is hereby amended to read as follows:

§ 424. The application for a new trial must be made before judgment, but the court or judge thereof may upon good cause shown, allow such application to be made at any time within thirty days after the entry of such judgment. And motions for a new trial on the ground of newly discovered evidence, may be made after judgment at the term in which the cause is tried, or during vacation before the court or judge thereof, at any time before the next succeeding term or at such term.

Approved, February 27, 1885.

Normal School.

MADISON.

CHAPTER 116.

AN ACT to Repeal Section 4, Chapter 99 of the Session Laws of 1881 and for other purposes.

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

§ 1. REPEALED.] That section 4 of chapter 99 of the session laws of 1881 be and the same is hereby abrogated and repealed.

§ 2. HOW GOVERNED.] That the board of education for the Normal school for the Territory of Dakota located and established at Madison, Lake county, Dakota Territory, shall consist of five (5) members who shall be appointed by the Governor, and by and with the consent of the legislative council. Two of said members of the board shall hold their office for the term of two (2) years and three for the term of four (4) years. The territorial Treasurer by virtue of his office shall be treasurer of said board, and the board shall annually elect from their number a president and secretary. It shall be the duty of the secretary to keep an exact de

tailed account of the doings of said board, and he shall submit such reports to the legislature as are required by this act, and no member of said board of education shall, during his continuance in office is a member of said board, act as an agent of any publishers of school books and school library books, either directly or indirectly, and the Governor of the Territory is hereby authorized and required upon satisfactory evidence being produced to him that any member of said board is employed as such agent or interested as aforesaid, to remove such member of said board from office, and to appoint another in his place to fill such vacancy.

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

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

Approved, March 9, 1885.

Notice of Pendency of Action.

CHAPTER 117.

AN ACT to Amend Section One Hundred and One of the Code of Civil Pro

cedure.

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

§ 1. EFFECT OF LIS PENDENS.] That section one hundred and one of the Code of Civil Procedure be and the same is hereby amended so as to read as follows:

§ 101.] In an action affecting the title to real property, the plaintif at the time of filing the complaint, or at any time afterwards, or whenever a warrant of attachment of property shall be issued, or at any time afterwards, the plaintiff or defendant, when he sets up an affirmative cause of action in his answer, and demands substantive relief at the time of filing his answer, or at any time afterwards, if the same be intended to affect real property, may file for record with the Register of Deeds of each county in which the real property is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action, and the description of the real property in that county affected thereby; from the time of filing only shall the pendency of

the action, be constructive notice to a purchaser or incumbrancer of the property affected thereby; and every person whose conveyance or incumbrance is subsequently executed or subsequently recorded, shall be deemed a subsequent purchaser or incumbrancer, and shall be bound by all proceedings taken after the filing of such notice to the same extent as if he were a party to the action. For the purpose of this section an action shall be deemed to be pending from the time of filing such notice, Provided, however, That such notice shall be of no avail unless it shall be followed by the first publication of the summons, or by the personal service thereof, on a defendant within sixty days after such filing. And the court in which the said action was commenced, may at any time on application of any person aggrieved and on good cause shown, and on such notice as shall be directed or approved by the court order the notice authorized by this section to be canceled of record in whole or in part by the Register of Deeds of any county in whose office the same may have been filed or recorded, and such cancellation shall be made by an endorsement to that effect on the margin of the record, which shall refer to the order, and for which the Register of Deeds shall be entitled to a fee of twenty-five cents.

$2.

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

Approved, March 13, 1885.

NOTICE OF PENDENCY OF ACTION.

CHAPTER 118.

AN ACT to Amend Section One Hundred and One (101), of Chapter Nine (9), of the Code of Civil Procedure.

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

81. FILE FOR RECORD.] (101), of the Code of Civil

That section one hundred and one Procedure of the Territory of Dakota be, and the same is, hereby amended by inserting after the words may file," where they occur in said section, the following words : "for record."

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

Approved, February 19, 1885.

1885-23