Notice of Motion. CHAPTER 119. AN ACT to Amend Section Five Hundred and Eleven of the Code of Civil Procedure. Be it enacted by the Legislative Assembly of the 'Territory of Dakota : 1. SERVING NOTICE.] That section five hundred and eleven of the code of civil procedure of the Territory of Dakota is hereby amended so as to read as follows: § 511. When notice of motion is necessary it must be served eight days before the time ap; ointed for the hearing, but the court or judge may, by order to show cause, prescribe a shorter time. Approved, March 9, 1885. Official Bonds. CHAPTER 120. AN ACT providing for the Recording of the Official Bonds of Civil Officers Be it enacted by the Legislative Asssembly of the Territory of Dakota : § 1. BONDS TO BE RECORDED AT LENGTH.] The bonds of all county, township and precinct officers, immediately after the approval of the same, shall be recorded at length in the office of the register of deeds of the county to which such bonds are given, in a book to be provided and kept for that purpose. When the said bonds are so recorded they shall be forthwith filed respectively as provided in section 5, of chapter V of the political code. $2. BONDS NOW ON FILE TO BE RECORDED.] Upon the taking effect of this act the bonds of all such officers as are now in office, shall be taken from the files by the persons having the custody of the same, recorded at length by the register of deeds as provided in section 1, of this act, and thereupon returned forthwith to the files from which they were taken respectively. 83. FEE FOR RECORDING.] That the register of deeds shall be entitled to charge and receive a fee of fifty (50) cents for recording each official bond recorded by him pursuant to this act to be paid by the principal in said bond. 4. This act shall take effect and be in force from and after its passage and approval. Approved, February 26, 1885. Opium. CHAPTER 121. AN ACT in regard to the Selling and Smoking of Opium. Be it enacted by the Legislative Assembly of the Territory of Dakota. § 1. UNLAWFUL TO SELL OPIUM WITHOUT PERMIT.] It shall be unlawful for any person by himself, by agent or otherwise, to either directly or indirectly sell or give away opium or any other commodity of which opium is an ingredient, unless the person so selling or giving away the said article has a written permit or license from the authorities of the city or town in which such person carries on business or from the board of county commissioners of the county wherein said person resides, in case he does not carry on business in any city or town, and unless the person to whom opium or other articles are sold or given away shall obtain and present to the person selling the same a prescription for the said articles in writing, signed by a reputable practising phy sician. 82. UNLAWFUL TO SMOKE OPIUM.] It shall be unlawful for any person to smoke opium or any commodity whatever of which opium is an ingredient. $3. UNLAWFUL TO ALLOW PREMISES TO BE USED FOR OPIUM SMOKING.] It shall be unlawful for any person owning or having in charge or possession any room, building, cellar, or other place or premises, to permit opium or any commodity of which opium is an ingredient to be smoked in, upon or about such place or premises. § 4. PENALTY.] Any person violating the provisions of section one, two or three of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding thirty days, or both such fine and imprisonment. 5. PLACES USED FOR OPIUM SMOKING A NUISANCE.] Any room, building, cellar or other place or premises used or permitted to be used for smoking of opium or any commodity of which opium is an ingredient, shall be considered and is hereby declared a public nuisance and the district court or the judge thereof may at any time, upon satisfactory proof that the smoking or use of opium is permitted or carried on in any such premises, order and cause any such premises to be abated as a public nuisance. § 6. JURISDICTION.] Justices of the peace shall have concur rent jurisdiction with the district court to hear, try and determine any case arising under this act within their county. It is hereby made the especial duty of all ministerial officers to enter complaint in each case of the violation of this act, and they are hereby required to ascertain by inquiry and examination as to any such violations. § 3. This act shall take effect and be in force from and after its passage and approval. Approved, March 13, 1885. Passage Tickets. CHAPTER 122. AN ACT Relative to Dealing in Passage Tickets. Be it enacted by the Legislative Assembly of the Territory of Dakota: § 1. RIGHT TO DEAL IN PASSAGE TICKETS. Any person having an established place of business in any village, town, or city within this Territory, shall have the right to buy, sell and exchange passage tickets or other evidences of a right of passage from one place to another upon any railroad line or steamboat line and their con nections that said tickets may have been regularly issued over and for. § 2. THAT PURCHASERS MAY SELL.] Any person purchasing a ticket from the authorized office of any line for the transportation of passengers, shall have the right to sell his ticket or tickets to any person doing business under this act; Provided, That nothing in this act shall be construed to prevent any incorporated village, town or city to regulate this business by any law deemed necessary for the protection of the public. $3. ACTS IN CONF: ICT REPEALED.] conflicting with the provisions of this hereby repealed. § 4. All acts or parts of acts act be and the same are This act shall take effect and be in force from and after its passage and approval. Approved, March 13, 1885. Penitentiary. SIOUX FALLS-GOVERNMENT OF. CHAPTER 123. AN ACT to Repeal Section Two and Amend Section Twelve of Chapter One Hundred and Four of the Session Laws of 1881. Be it enacted by the Legislative Assembly of the Territory of Dakota : $ 1. REPEALED.] That section two of chapter one hundred and four of the session laws of 1881, entitled "An act to locate and provide for the building and government of a territorial penitentiary," is hereby repealed. --- § 2. DIRECTORS APPOINTED- -VACANCIES.] That the penitentiary at Sioux Falls, Dakota, shall be under the direction and government of five directors who shall be appointed by the Governor of the Territory, with the advice and consent of the Council. Said directors to hold their office for the term of two years or until their successors are appointed and qualified, and in case a vacancy shall occur in the position of director, such vacancy shall be filled by the other members of the board who shall vote by ballot in filling such vacancy, which person so elected shall hold his office until the end of the next Legislative Assembly thereafter or until his successor is elected and qualified. 3. OFFICERS, OF WHOM TO CONSIST.] That section twelve of chapter one hundred and four of the laws of 1881 is hereby amended so as to read as follows: The officers of the prison shall consist of five directors, one warden, one deputy warden, one gate keeper, one turnkey and such guards, overseers and laborers as may be necessary; Provided, however, That the present directors shall continue to serve until their successors under this act are appointed and qualify Approved, February 20, 1885. CARE OF UNITED STATES PRISONERS. CHAPTER 124. AN ACT to Authorize the Directors of the Penitentiary at Sionx Falls to Make a Contract with the United States for the Care of United States Prisoners, and to Rent the United States Wing to said Penitentiary. Be it enacted by the Legislative Assembly of the Territory of Dakota: § 1. DIRECTORS MAY MAKE CONTRACT.] The directors of the penitentiary at Sioux Falls are hereby authorized to rent the United States wing of the penitentiary at Sioux Falls, upon such terms and conditions as they may deem for the best interests of the Territory. Said directors are also authorized to contract with the United States for the support and care of United States prisoners at said penitentiary. 2. This act shall take effect and be in force from and after its passage and approval. Approved, March 13, 1885. |