the University of Dakota, or at such place as the board may designate.

$9 TOTAL COST.] The cost of said buildings and improvements shall not exceed the sum of fifteen thousand ($15,000) dollars, and shall be used in the manner provided in section one of this act.

§ 10. AWARDING CONTRACTS.] On the day advertised for the opening of said proposals for erecting and completing the said additions and improvements, the board of Regents shall proceed to award the contract or contracts, reserving the right to reject any or all bids if in their judgment they are too high, and may again advertise for proposals, or accept such bids as in their judgment may be for the best interest of the institution.

§ 11. HOW BUILT.] The walls of said building shall be constructed of good brick or stone, and shall be made as-near fire proof as practicable and at a proper and safe distance from the main building.

2. PARTIAL PAYMENTS.] The board of Regents as the work progresses, shall on application of the contractor or contractors, certify to the territorial Auditor the value of the work done on the said additions and improvements at the time, and on such certified statement the Auditor shall issue a warrant on the territorial Treasurer for a sum not exceeding seventy-five per cent. of the value of the work so certified to have been done on said additions and improvements at the time of making such application including amount of all warrants previously issued in part payment of such work; Provided, that no part of the funds herein appropriated for the construction of said additions and improvements shall be paid, or value of work certified by the Regents, until and least one fourth of the work has been completed by the contractor or contractors.

$13. MATERIALS TO BE OF GOOD QUALITY.] The contract or contracts aforesaid shall stipulate that all material shall be of good quality, and that the work shall be performed in a good workmanlike manner and these stipulations shall be enforced.

§14. FINAL PAYMENT.] The balance due the contractor or contractors under the contract or contracts, shall be paid on the completion of the additions and improvements and their acceptance and approval by the board of Regents.

$ 15. IN CASE OF DIVISION.] In case of the division of the Territory that part of the Territory of Dakota in which said University is located shall on the division of the Territory assume and pay all bonds and coupons outstanding on account of the construction of said University.

§ 16. REGENTS ABOLISHED.] The university of Dakota shall

be governed by a board of five directors to be appointed by the Governor, by and with the consent of the Legislative Council, who shall hold their office for two years, or until their successors are elected and qualified, and the office of Regents is hereby abolished, and the powers and duties conferred upon the Regents provided for in section three of chapter thirty-eight of the laws of 1883, are hereby conferred upon the board of directors hereby authorized to be appointed, and said section is hereby repealed. § 17. All acts and parts of acts in conflict with this act are hereby repealed.

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

Approved, March 7, 1885.

Caucuses.

CHAPTER 28.

AN ACT to regulate Caucuses or Primary Meetings in this Territory. Be it enacted by the Legislative Assembly of the Territory of Dakota:

81. WHO MAY VOTE AT PRIMARY MEETINGS.] It shall be unlawful for any person not a qualified elector of the ward or election precinct in which any Caucus or Primary meeting is held, having for its object either immediately or ultimately, the nomination or selection of any delegate or candidate for any public office to be voted on at any election in this Territory, to vote in any manner or on any question which may come before such caucus or primary meeting. Any person who shall violate the provisions of this act shall be deemed guilty of a misdemeanor, and shall be punished according to law.

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

Approved, March 13, 1885.

Capital Punishment.

CHAPTER 29.

AN ACT to Amend Section Two of Chapter Nine of the Laws of 1883, entitled "Capital Punishment."

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

1. DESIGNATION OF PENALTY.] That section two of chapter nine of the laws of 1883, be and the same is hereby amended by adding thereto at the close thereof the following: "But upon a plea of guilty the court shall determine the same."

2. All acts or parts of acts conflicting with the provisions of 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.

Census,

CHAPTER 30

AN ACT to Provide for taking the Census of the Territory of Dakota. Be it enacted by the Legislative Assembly of the Territory of Dakota :

§ 1. SUPERINTENDENT.] The Governor of this Territory is hereby designated as the Superintendent of Census and is hereby empowered to employ one clerk, who shall receive such compensation for his services as the Governor shall deem adequate.

§ 2. BLANKS.] The Superintendent of Census shall cause to be prepared such blanks as are necessary for taking the census of the Territory of Dakota for the year 1885.

3. SUPERVISORS OF CENSUS.] The Governor shall nominate,

and by and with the advice and consent of the Legislative Council, shall appoint two Supervisors of the Census, one of whom shall be Supervisor of the Census for North Dakota, and the other Supervisor of the Census of South Dakota. The Supervisors of Census, shall, upon entering upon the duties of their office respectively take and subscribe the following oath or affirmation: "I, Supervisor of Census, do solemnly swear, (or affirm) that I will support the Constitution of the United States, and the Organic Act of this Territory, and perform and discharge the duties of Supervisor of Census according to law, honestly and correctly, to the best of my ability." Which oath shall be filed in the office of the Governor.

',

84. ENUMERATORS.] Each Supervisor of Census shall divide his district into subdivisions most convenient for the purpose of enumeration, and designate and employ suitable persons as enumerators within his district, one for each subdivision, a resident therein, to transmit to the enumerators printed forms and schedules prepared by the superintendent in quantities suited to the requirements of such subdivision, to communicate to the enumerators information, instructions and directions, relative to their duties, and the methods relative to taking the census, and to advise with and counsel enumerators, in person and by letter, as fully as may be required to fulfill the purposes of this act: To provide for the early and safe transmission to his office of the returns of the enumerators, embracing all the schedules filled by them in the course of enumeration, and for the due receipt and custody of such returns, and for their transmission to the superintendent, to examine and scrutinize the returns of the enumerators in order to ascertain whether or not the work has been performed in all respects in compliance with the provisions of law, and whether any city, village or integral portion of the district has been omitted from the enumeration: To forward to the Superintendent of Census the complete returns of his district, in such time and manner as shall be prescribed by such superintendent, and in case of any error in the returns, to use all dili. gence in causing the same to be corrected or supplied: To make up returns to the superintendent of accounts required for ascertaining the amount due under the provisions of this act, to each enumerator in his district.

§ 5. COMPENSATION OF SUPERVISORS.] The Supervisor of Census for South Dakota, shall, upon the completion of his duties, receive the sum of eight hundred dollars, and the Supervisor of Census for North Dakota shall receive the sum of six hundred dollars, in full compensation for all services rendered and expenses incurred by them, except an allowance for clerk hire may be made, in the discretion of the Superintendent of Census.

86. OATH OF ENUMERATOR.] Each enumerator, upon receiving his appointment, shall take and subscribe the following oath : "I an enumerator for taking the census of the Territory of Dakota, do solemnly swear, that I will make a true and exact enumeration of all the inhabitants within the subdivision assigned to me, and will also faithfully collect all other statistics therein, as provided for in the act for taking the census, and in conformity with all lawful instructions which I may receive, and will make due and correct returns thereof as required by this act and will not disclose any information contained in the schedules, lists or statements, obtained by me, to any person or persons, except to my superior officers." Which oath may be administered by any person authorized to administer oaths under the laws of this Territory, and shall be forwarded to the Supervisor of Census before the date herein fixed for the commencement of the enumeration And the duties of the enumerators shall be the same as provided by chapter 195, of the United States statutes at large, approved March 3rd, 1879, entitled, "an act tor taking the tenth and subsequent censuses." And their compensation shall be the same as provided for the compensation of enumerator's under said act, and they shall be subject to the same penalties for neglect of duty as in said act provided.

7. FORMS.] The blanks and forms used in taking such census shall be the same as those required by the laws of the United States for taking the tenth census, and the Superintendent of Census shall obtain such facts and information relative to railroads, express, telegraph and insurance companies within this Territory as were required to be obtained by the Superintendent of Census. under the act of Congress of March 3, 1879, in relation to the tenth census.

§ 8. WHEN TO BE TAKEN COMPENSATION.] The enumeration required by this act shall commence on the first Monday of June, and shall be taken after that date, and each enumerator shall prosecute the canvass of his subdivision from that day forward, on each week day, without intermission, except from sickness or other urgent cause; and any unnecessary cessation of his work shall be sufficient ground for his removal, and the appointment of another person in his place; and any person so appointed shall take the oath required of enumerators, and shall receive compensation at the same rate, and it shall be the duty of each enumerator to complete the enumeration of his district on or before the first day of July, 1885.

9. REMOVALS.] The Supervisor of Census may remove any enumerator in his district, and fill any vacancy thereby caused, or otherwise occurring; and in such case but one compensation shall be allowed for the entire service, to be apportioned among the