number of Representative districts shall not exceed forty-eight. [Part of act approved March 3, 1885.

1942. The members of the legislative assemblies of New Mexico, Utah, Washington, Colorado, Dakota, Arizona and Wyoming territori s shall each receive three dollars for every twenty miles' travel in going to and returning from the sessions of their respective bodies, estimated according to the nearest usually traveled route.

§ 1854 No member of the legislative assembly of any territory now organized shall hold or be appointed to any office which has been created, or the salary or emoluments of which have been increased while he was a member, during the term for which he was elected, and for one year after the expiration of such term; but this restriction shall not be applicable to members of the first legislative assembly in any territory hereafter organized; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of any territory. The exception of postmasters shall not apply in the territory of Washington.

§ 1855. No law of any territorial legislature shall be made or enforced by which the Governor or Secretary of a territory, or the members or officers of any territorial legislature, are paid any compensation other than that provided by the laws of the United States.

And section eighteen hundred and sixty-one of the Revised Statutes is hereby repeal d, and this substituted in lieu thereof: Provided, That for the performance of all official duties imposed by the territorial legislatures, and not provided for in the organic act, the secretaries of the territories respectively shall be allowed such fees as may be fixed by the territorial legislatures. And in no case shall the expenditure for public printing in any of the territores exceed the sum of two thousand five hundred dollars for any one year.

§ 1856. Justices of the peace and all general officers of the militia in the several territories shall be elected by the people in such manner as the respective legislatures may provide by law.

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Be it enacted, etc., §1. That when from any cause there shall be a vacancy in the office of justice of the peace in any of the territories of the United States, it shall be lawful to fill such vacancy by appointment or election, in such manner as has been or may be provided by the Governor and legislative assembly of

such Territory; Provided, That such appointee, or person elected to fill such vacancy, shall hold office only until his successor shall be regularly elected and qualified as provided by law.

§ 2. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. [Approved, April 16, 1880.

§ 1857. All township, district and county officers except justices of the peace and general officers of the militia, shall be appointed or elected in such manner as may be provided by the Governor and legislative assembly of each Territory; and all other officers not herein otherwise provided for, the Governor shall nominate, and by and with the advice and consent of the legislative Council of each territory, shall appoint; but, in the first instance, where a new territory is hereafter created by Congress, the Governor alone may appoint all the officers referred to in this and the preceding section, and assign them to their respective townships, districts and counties, and the officers so appointed shall hold their offices until the end of the first session of the legislative assembly.

§ 1858. In any of the territories, whenever a vacancy happens from resignation or death, during the recess of the legislative Council, in any office which, under the organic act of any territory, is to be filled by appointment of the Governor, by and with the advice and consent of the Council, the Governor shall fill such vacancy by granting a commission, which shall expire at the end of the next session of the legislative Council.

§ 1859. Every male citizen above the age of twenty-one, including persons who have legally declared their intention to become citizens, in any territory hereafter organized, and who are actual residents of such territory at the time of the organization thereof, shall be entitled to vote at the first election in such territory, and to hold any office therein, subject, nevertheless, to the limitations specified in the next section.

§ 1860. At all subsequent elections, however, in any territory hereafter organized by congress, as well as at all elections in territories already organized, the qualifications of voters and of holding office shall be such as may be prescribed by the legislative assembly of each territory; subject, nevertheless, to the following restrictions on the power of the legislative assembly, namely:

First. The right of suffrage and of holding office shall be exercised only by citizens of the United States above the age of twenty-one years, and by those above that age who have declared on oath, before a competent court of record, their intention to become such, and have taken an oath to support the Constitution and government of the United States.

Second. There shall be no denial of the elective franchise, or of holding office, to a citizen on account of race, color, or previous condition of servitude.

Third. No officer, soldier, seaman, mariner, or other person in the army or navy, or attached to troops in the service of the United States, shall be allowed to vote in any territory, by reason of being on service therein, unless such territory is, and has been for the period of six months, his permanent domicile.

Fourth. No person belonging to the army or navy shall be elected to or hold any civil office or appointment in any territory.

§ 1862. Every territory shall have the right to send a delegate to the house of representatives of the United States, to serve during each congress, who shall be elected by the voters in the territory qualified to elect members of the Legislative Assembly thereof. The person having the greatest number of votes shall be declared by the Governor duly elected, and a certificate shall be given accordingly. Every such delegate shall have a seat in the House of Representatives, with the right of debating, but not of voting,

1863. The first election of a delegate in any territory for which a temporary government is hereafter provided by congress, shall be held at the time and places, and the manner the Governor of such territory may direct, after at least sixty days' notice, to be given by proclamation; but at all subsequent elections therein, as well as at all elections for a delegate in organized territories, such time, places and manner of holding the election, shall be prescribed by the law of each territory.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled: That hereafter the Supreme Cour of the Territory of Dakota shal: consist of a chief justice and five associate justices, any five of whom shall constitute a quoruin.

§ 2. That it shall be the duty of the President to appoint two additional associate justices of said supreme court, in a manner now provide by law, who shall hold their office for the term of four years, and until their successors are appointed and qualified.

§ 3. That the said territory shall be divided into six judicial districts, and a district court shall be held in each district by one of the justices of the supreme court, at such time and place as may be prescribed by law. Each judge after assignment, shall reside in the district to which he is assigned.

§ 4. That until changed by the Legislative Assembly of said territory, the fifth district of said territory, shall consist of the following counties, namely: Brookings, Kingsbury, Beadle, Deuel, Hamlin, Grant, Codington, Clark, Day, Spink, Brown, Hand, Hyde, Hughes, Sully, Edmunds, Faulk, McPherson Potter,

Campbell, Roberts and Walworth, and the Sisseton and Wahpeton Indian reservation. And the second district and fourth district shall consist of the remainder of the Territory which now constitutes said second district and the fourth district, respectively, as defined by the statutes of said Territory.

§ 5. That until changed by the Legislature of said Territory, the sixth district shall consist of the following counties, namely: Bowman, Villard, Billings, Dunn, McKenzie, Allred, Buford, Flannery, Wallace, Mountraille, Williams, Stark, Hettinger, Morton, Mercer, McLean, Stevens, Renville, Wynn, Bottineau, McHenry, Sheridan, Burleigh, Emmons, McIntosh, Logan, Kidder, Wells, DeSmet, Rolette, Towner, Benson, Foster, Stutsman, Lamoure, Dickey, Griggs, Steele and Barnes.

§ 6. That temporal, and until otherwise ordered by law, the additional associate justices to be appointed under this act are hereby assigned to said fifth and sixth districts, and the time and place as now fixed by the statutes of said Territory for holding court therein shall remain until changed by law.

§ 7. That the district court for said fifth judicial district shall have no jurisdiction to try, hear or determine any matter or cause wherein the United States is a party, and no United States grand or petit jury shall be summoned in said court, but said fifth district is hereby attached to and made a part of the second judicial district for the purpose of hearing and determining all matters and causes arising within said tifth district in which the United States is a party.

§ 8. That the district court for said sixth judicial district shall have and possess jurisdiction to try, hear and determine all matters and causes that the court of any district in said Territory now possesses. And for such purposes two terms of said court shall be held annually in the city of Bismarck, in the county of Burleigh, and a grand and petit jury shall be summoned thereon in the manner now required by law in the United States Courts in said Territory.

14. That all offenses committed before the passage of this act shall be prosecuted, tried and determined, in the same manner and with the same effect, (except as to number of judges) as if this act had not been passed. [Approved, July 4, 1884.

And all suits or proceedings pending in the district courts of Dakota and Washington Territories at the time of the passage of said act (July 4, 1884,) and which would, if instituted after the passage of said act, be required to be brought in the new districts created and provided for in said act, may be transferred by consent of parties to said new district courts, and there disposed of in like manner and with like effect as if the same had there been instituted; and all writs and recognizances relating to such suits

and proceedings so transferred shall be considered as belonging to the courts of the said new districts, respectively, in the same manner and with like effect as if they had issued or had been taken in reference thereto originally. [Part of act approved March 3, 1885.

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§ 1866. The jurisdiction both appellate and original, of the courts provided for in sections 1907 and 1908, shall be limited by law.

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1907. The judicial power in New Mexico, Utah, Washington, Colorado, Dakota, Idaho, Montana and Wyoming, shall be vested in a supreme court, district courts, probate courts, and in justices of the peace.

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§ 1867. No justices of the peace in any territory shall have jurisdiction of any case in which the title to land, or the boundary thereof, in any wise comes in question.

§ 1926. Justices of the peace in the territories of New Mexico, Utah, Washington, Dakota, Idaho, Montana, and Wyoming shall not have jurisdiction of any matter in controversy where the debt or sum claimed exceeds one hundred dollars.

§ 1868. The supreme court and the district courts, respectively, of every territory, shall possess chancery, as well as common law jurisdiction.

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Be it enacted, etc, That it shall not be necessary in any of the courts of the several territories of the United States to exercise separately the common law and chancery jurisdictions vested in said courts; and that the several codes and rules of practice adopted in said territories, respectively, in so far as they authorize a mingling of said jurisdictions or a uniform course of proceeding in all cases whether legal or equitable, be confirmed; and that all proceedings heretofore had or taken in said courts in conforinity with said respective codes and rules of practice, so far as relates to the form and mode of proceeding be, and the same are hereby validated and confirmed; Provided, That no party has been or shall be deprived of the right of trial by jury in cases cognizable

at common law.

2. That the appellate jurisdiction of the supreme court of the United States over the judgments and decrees of said territorial courts in cases of trial by jury, shall be exercised by writ of error, and in all other cases by appeal according to such rules and regulations as to form and modes of proceedings as the said supreme court have prescribed or may hereafter prescribe; Provided, That an appeal instead of the evidence at large, a statement of the facts of the case in the nature of a special verdict, and also the rulings of