persons performing the same, in the discretion of the Supervisor of the Census.

§ 10. APPROPRIATION.] There is hereby appropriated out of the territorial treasury a sum of money sufficient to carry out the provisions of this act; and upon the approval of any amount by the Governor, on filing the proper voucher therefor, the territorial Auditor is hereby authorized to draw his warrant upon the territorial Treasurer for the payment of the same.

11.

BLANKS.] The Governor, or Superintendent of Census, is hereby authorized and required to cause to be printed the necessary blanks for carrying out the provisions of this act; which printing shall be done by the lowest responsible bidder.

12. GENERAL GOVERNMENT FUNDS.] The sums of money received by the Governor for taking the census as herein provided, from the United States, as provided by section 22, of chapter 195, of the Statutes at Large of the United States, approved March 5, 1879, shall be paid into the territorial treasury for the benefit of the general fund.

Approved, March 13, 1885.

Change of Names.

TOWNS AND VILLAGES.

CHAPTER 31.

AN ACT Providing a Method for Changing the Names of Towns and Villages. Be it enacted by the Legislative Assembly of the Territory of Dakota :

1. PETITION.] When any number of the inhabitants of any town or village shall desire to change the name thereof, there shall be filed in the office of the county clerk, or county auditor, a petition for that purpose which must be signed by at least twothirds of the qualified electors of said town or village, setting forth the name by which said town or village is known; its location, as near as practicable, and giving the name which they desire the town shall thereafter be known by.

2. NOTICE.] Notice of the filing of said petition, and the

time and place when the same shall be heard, and the objects and purposes thereof shall be given by posting up a written or printed notice, in at least five public places in the town or village, the name of which is sought to be changed, at least four weeks before the meeting of the board of county commissioners.

§3. DUTY OF COUNTY BOARD.] At the next regular meeting of the board of county commissioners, after said notices shall have been posted as aforesaid, said board shall proceed to hear and determine said petition, unless said hearing is for good cause continued until the next meeting; and said board shall on the hearing of said petition, also hear any remonstrance against the proposed change; and if on the hearing it shall appear to the said board that two-thirds of the qualified electors of said town or village in good faith signed said petition for change of name and desired the same, then the said board shall order said name to be changed as prayed for.

$ 4. RECORD.] Said order of the board shall thereupon be entered of record, giving the name of said town or village as set forth in said petition; the new name given; the time when the change shall take effect, which shall not be less than thirty days thereafter, and directing that notice of said change shall be published in at least one newspaper published in said county, if any; and if there is no newspaper published in said county, then said notice shall be published by posting the same for four weeks on the front door of the court house where the last term of the District Court of said county was held.

§ 5. FILING PROOF.] The ordinary proof of such publications shall be filed in the office of the county clerk or county auditor, and shall be by him filed for preservation; and on the day fixed by the board as aforesaid, the change shall be complete; Provided, That whenever the name of any town or village shall be changed by order of the provisions of this act, the county clerk or county auditor shall immediately notify the register of deeds, who shall note the change of name upon the plat of said town or village with the date thereof.

$6. COSTS.] In all cases arising under the provisions of this act, where there is no remonstrance or opposition to said petition, the petitioners shall pay all costs; but in all other cases costs shall abide the result of the proceeding, and be taxed to either party, in the discretion of the board, or divided equitably between the parties.

§ 7. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Approved, March 12, 1885.

Chattel Mortgages.

CHAPTER 32.

AN ACT Relating to the Foreclosure of Chattel Mortgages.

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

$1. MANNER OF FORECLOSING.] A chattel mortgage, when the conditions of the same have been broken, may be foreclosed by a sale of the property mortgaged, upon the notice and in the manner following. The notice shall contain:

1. The names of the mortgagor and mortgagee, and the assignor, if any.

2. The date of the mortgage.

3. The nature of the default and the amount claimed to be due thereon at the date of the notice.

4. A description of the mortgaged property conforming substantially to that contained in the mortgage.

5- The time and place of sale.

6. The name of the party, agent or attorney foreclosing such mortgage.

2. POSTING NOTICE.] Such notice shall be posted in five (5) public places in the county where the property is to be sold, at least ten (10) days before the time therein specified for such sale.

3. PURCHASER.] The mortgagee, his assigns or any other person may in good faith become a purchaser of the property sold.

$4. ATTORNEY'S FEES.] Such attorney fee as shall be specified in the mortgage may be taxed and made a part of the costs of foreclosure; Provided, Such mortgage is foreclosed by an attorney of record of this Territory, and the name of such attorney appears as attorney on the notice of sale, and in no other cases shall an attorney fee be allowed.

§ 5. ACT, HOW CONSTRUED] This act shall not be construed to affect the provisions relating to foreclosures of chattel mortgages by action.

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

Approved, March 13, 1885.

Constitutional Convention.

CHAPTER 33.

AN ACT providing for a Constitutional Convention and the Formation of a State Constitution preparatory to the Admission of Dakota into the Union, and for other purposes.

PREAMBLE:-Whereas, experience has abundantly demonstrated that the welfare of the people is promoted by the establishment among them of a permanent government, sovereign in character and republican in form; and

WHEREAS, The territorial system of government has no stability, is temporary in character, possessing no sovereign powers, and meets neither the requirements of the people, nor, in the case of Dakota, the rapidly increasing demands of its various and growing interests; and

WHEREAS, It has ever been and still remains the wise policy of the parent government to foster and encourage the development and settlement of the Territories until such time as their population shall be sufficiently numerous to entitle the people to be admitted into and become a part of the United States, on an equal footing with the States which compose the Union; and

WHEREAS, That part of the Territory of Dakota south of the 46th parallel of latitude now contains a population sufficient to entitle it to admission into the Union, and such population now being desirous of being fully enfranchised and enjoying all the privileges of American Citizenship; and

WHEREAS, Public opinion in the United States has decided and the Congress of the United States by their action upon the bill for the admission of such part of Dakota into the Union, has admitted that that portion of Dakota south of the 46th parallel does possess the requisite population and all other qualifications necessary to entitle it to admission into the Union as a State; therefore:

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

$1. CONVENTION PROVIDED FOR.] That for the purpose of enabling the people of that part of Dakota south of the 46th parallel, to organize and form a State Government and make application for admission into the Union of States, a delegate conven

tion is hereby called to meet at the city of Sioux Falls in the county of Minnehaha, in said Territory of Dakota, on Tuesday the eighth day of September, A. D. 1885, at twelve o'clock, meridian, for the purpose of framing a Constitution, republican in form, and performing all other things essential to the preparation of the Territory for making application to the general government for the admission of such part of Dakota into the Union of States.

§ 2. APPORTIONMENT.] The said convention shall be composed of one hundred and eleven delegates, who shall be apportioned among the several counties of that part of the Territory south of the 46th parallel, as follows:

Provided, That all organized counties in the Territory south of the 46th parallel, at the time the election hereinafter provided for is held to choose members to said convention, and which counties are not above named, shall be entitled to one delegate, who shall be given a seat, and have a vote in said convention, as other members thereof, and said delegates shall be in addition to the one hundred and eleven heretofore provided for.

83. TIME OF ELECTION AND CONVENTION.] An election for the purpose of choosing said delegates is hereby appointed to be held