COUNTY OFFICERS. All counties organized to CHAPTER 23. AN ACT TO PROVIDE FOR COUNTY OFFICERS. Be it enacted by the Legislative Assembly of the Territory of SECTION 1. That all counties, to entitle them to an orcontain twenty ganization, shall contain at least twenty legal voters. legal voters. Shall have what officers. Duties of county commissioners. Hold meetings at county seat. tion. SECT. 2. That all organized counties shall have the following described officers, to wit: three county commissioners, a register of deeds, sheriff, judge of probate, and coroner, justices of the peace, constables, county surveyor, and district attorney. SECT. 3. It shall be the duty of the county commissioners to superintend the location of county roads; to appoint the commissioners to locate the same; to establish election precincts, and appoint the judges of elections; to equalize the assessment roll, and to divide their counties into school districts as will best subserve the interest of the inhabitants of their respective counties. SECT. 4. The county commissioners shall hold their meetings at the county seat, and shall elect one of their own Limit to taxa- number chairman, to preside at their meetings. They shall permit no tax to be levied in any one year that will exceed fifteen mills on the dollar-territorial, school, and county tax inclusive without the consent of the majority of the Their compensation. Annual meeting, when held. voters. SECT. 5. The county commissioners shall receive, as a compensation for their services, one dollar and fifty cents per day, and five cents a mile for travelling to and from place of meeting. SECT. 6. The annual meeting of the board of county commissioners shall be held on the first Monday in June, and as often thereafter as they may deem expedient, not to exceed four times in any one year. And no one session shall continue for a longer period than six days. All orders tested. SECT. 7. All orders of the board of county commissioners signed and atshall be signed by the chairman and attested by the register of deeds. clerk. Compen SECT. 8. The register of deeds shall attend all meetings of Register act as 'the county commissioners, and shall act as clerk of the same, sation. for which he shall receive the same compensation allowed to county commissioners. ord of proceed attested. SECT. 9. The register of deeds shall keep a record of the To keep recproceedings of the board of county commissioners in a bookings, signed and kept for that purpose, and the record of each meeting shall be signed by the chairman and attested by the register of deeds. of register of deeds. SECT. 10. The register of deeds shall keep a true recordist (in proper books kept for the purpose) of all deeds, mortgages, bonds, and bills of sale handed him for record, provided the person or persons handing him the same for record, shall first pay to him twelve and a half cents per folio for recording the same. He shall record at large and in full, word for word. Every register of deeds, before he enters upon the duties of his office, shall take and subscribe an oath before the clerk of the court of his county, or some other person duly empowered to administer oaths, to support the constitution of the United States and the organic act organizing the Territory of Dakota, and faithfully and impartially to perform his duties as prescribed by law to the best of his ability, which said oath shall be indorsed on the back of his election certificate or appointment, recorded in a book kept in his office for the purpose, and filed in the office of the clerk of the court of the county, or if there is no such officer, with the clerk of the court of the county to which his county is attached for judicial purposes. He shall also give bonds with good and sufficient sureties, in the penal sum of one thousand dollars, to be approved by the board of commissioners of his proper county, conditioned that he will faithfully and impartially discharge the duties of his office. deputies; their SECT. 11. The registers of deeds in the several counties May appoint of this territory, are hereby authorized to appoint deputy responsibilities. registers, who shall be appointed in writing, and shall, before entering upon the duties of their office, take and subscribe an Duties of register when acting as canvasser. To make out poll books. To write notices of election, when. Commissioners to take oath and give bond. Sheriff to take oath and give bond. oath faithfully to perform the duties of their office, which oath shall be indorsed on the appointment and recorded in the office of register of deeds. The registers of deeds shall be responsible for the acts of their deputies, and may revoke their appointment at pleasure. SECT. 12. It shall be the duty of the register of deeds of each county to call to his assistance two justices of the peace, and, together with them, canvass all votes cast in his county; he shall make out and deliver certificates of election to the persons having the highest number of votes; to notify persons having an equal and the highest number of votes; to attend at his office and decide by lot which person shall be elected. SECT. 13. It shall be the duty of the register of deeds to make out and deliver to the several judges of elections in his county, poll books. SECT. 14. It shall be the duty of the register of deeds to write notices of elections to be held in the several precincts in his county, and deliver the same to the sheriff at least twenty days prior to any general election. SECT. 15. Each county commissioner, before entering upon the duties of his office, shall take an oath to support the constitution of the United States, and the organic act organizing the Territory of Dakota, which oath shall be subscribed to and recorded in the office of register of deeds. Each county commissioner, before entering upon the duties of his office, shall give bond with approved security in the penal sum of one thousand dollars for the honest and faithful discharge of the duties and trusts of his office, which bond shall be approved by the judge of probate, and filed and recorded in the office of the register of deeds. SECT. 16. It shall be the duty of the sheriff, before he enters upon the duties of his office, to take and subscribe an oath to support the constitution of the United States and the organic act organizing the Territory of Dakota, and to faithfully and impartially discharge the duties of his office, which oath may be taken by any person authorized by law to administer oaths in his county, which oath shall be recorded in the office of register of deeds. He shall, also, give bond, previous to entering upon the duties of his office, to the board of county commissioners of his county, in the penal sum of four thousand dollars, with two or more securities, to be approved by the board of county commissioners, and the approval indorsed thereon, conditioned that the said sheriff shall well and faithfully, in all things perform and execute the duties of sheriff, assessor, and collector of taxes, according to law, during his continuance in office, without fraud, deceit, or oppression, which bond shall be filed in the office of register of deeds of his proper county. SECT. 17. The sheriff may appoint a deputy, who shall be empowered to perform all the duties devolving on the sheriff, the sheriff being responsible for the acts of his deputy, but no deputy shall be authorized to perform the duties of sheriff until he shall have taken an oath to support the constitution of the United States and the provisions of the act organizing the Territory of Dakota, and to perform the duties of his office faithfully and impartially, to the best of his ability, which oath shall be subscribed on the back of his appointment, and filed and recorded in the office of register of deeds of the proper county. Sheriff may apwith what re point deputy, sponsibilities. sheriff. SECT. 18. It shall be the duty of the sheriffs to keep and Duties of preserve peace in their respective counties, for which purpose they are empowered to call to their aid such persons or power of their respective counties as they may deem necessary. They shall also pursue and apprehend all felons; they shall execute all writs, warrants, and other process from a justice of the peace or the district court, which shall be directed to them by legal authority. They shall attend at the district court, and the session of the board of county commissioners, when required by the latter to attend. SECT. 19. The sheriff shall serve or post up all notices he Same. may receive from the register of deeds or the board of county commissioners; he shall give notice of a special election when notified by the register of deeds, and notify the board of commissioners when any vacancy happens in the office of register of deeds; shall collect the county revenue, and pay over to the county treasurer all sums so collected, and take his receipt therefor, which receipt shall be a sufficient voucher for the board of commissioners to cancel the amount of such assessment roll charged in their books against said collector; and shall keep his office at the county seat, and shall generally do and perform all and singular the duties which are or In case of vacancy. Fees. Judge of probate to give bond and take oath. Shall keep record of trans pensation. may be hereafter authorized by law to be performed by sheriff, assessor, or tax-collector. SECT. 20. In case of the office of sheriff becoming vacant by death, resignation, or otherwise, the board of county commissioners shall forthwith appoint some suitable person to be sheriff of the county during the unexpired term, or until the next general election. SECT. 21. The sheriff shall receive for serving every summons, execution, writ of attachment, or other precept of a court, twenty-five cents, and five cents a mile for every mile travelled in serving any of the aforementioned writs. He shall also receive ten cents for every election notice he may post, and the same fees for travelling as when serving writs. SECT. 22. The judge of probate shall, before he enters upon the duties of his office, execute a bond to the board of county commissioners of his county, with sufficient security to be approved by them in the penal sum of four thousand dollars, and shall take an oath to support the constitution of the United States, and the act organizing the Territory of Dakota, which oath shall be recorded in the office of register of deeds in the proper county. SECT. 23. The judge of probate shall keep a record of all actions. Com- orders, decrees, and other official acts, made or done by him, which record shall be open to the inspection of all persons without charge; and he shall receive such compensation for his services as shall be allowed him by law. May take oaths and acknowledgments. SECT. 24. The several judges of probate in this territory shall have full power and authority to administer oaths in all cases where oaths are required to be made. They shall also be authorized to take acknowledgment of deeds. Act as county/SECT. 25. The several judges of probate shall be county treasurers, &c. County surveyor to take oath and give bond. treasurers, ex-officio, and shall perform all the duties of that office, and shall receive five per cent. of all money received and paid out by them, by virtue of said office. They shall report the amount of county funds in their hands to the board of county commissioners of their respective counties at their annual meeting on the first Monday in June of each year, and as often thereafter as demanded by them, and disburse the same, subject to their order. SECT. 26. The county surveyor, previous to entering upon the duties of his office, shall take and subscribe an oath or |