Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-04-22

} district shall exercise iurisdiotior
OF circuit and district courts of thf
United States for said district, and fol
J that purpose shall be held at Sions
Falls, at the times fixed by the laws d
the said territory of Dakota for the oen.
eral terms of court in said county oil
Minnehaha.
Sec. 81. That the counties of BeadIe
Splnk, Brown, Marshall, Day, Clark,
Codington, Roberts, Grant, Deuel., Ham
I'm, aud that portion of the Sisseton and
Wahpeton indian reservation lying
south OF the seventh standard parallel
OF the territory of Dakota shall conati
tnte the fifth judicial district of the ter
ritory of Dakota; and the district court
for said district shall exerclse jurisdlc-
ton OF circuit and district courIs of the
United States for said district, and for
that purpose shall be held at Huron; at
the times ixed by the laws OF the said
territory OF Dakota for the general terms
of court in said county of Beadle.
Sec. %. That hereafter the supreme
court OF tbs territory of Dakota shall
consist of a Chief justice and
four associate Justices, any three
of whom shall constitute . quorum.
SEQ. 81. That 1t shall be the duty of
the president tq appoint one additional
associate Justice OF said court, in manner
| now provided by law, who shall hold his
othce for the term OF four years and un-
til his successor is appointed and quail-
he'd, and who shall be assigned to the
third judicial district OF the said terri.
tory OF Dakota.
SEQ. 80. That no suits, actions, or
proceedings and indictments now pend
Ing shall abaie, but shall bs transferred
to and be heard, tried, and determined
by the courts of the respective districts
within the boundaries of which the said
suits or actions arose or tAc charges Tor
which said indictments were found, were
committed.
Sec. 81. That the legislative assem-
blies of Dakota and North Dakota shall
not grant private charters or special
privileges, but they may, by general in
corporation act, permit persons to as-
soclate themselves together as bodies
corporate for mining, manufacturing,
and other industrial, commercial, tinan.
cial, or business pursuits, or for carrying
on the business of life, accident, or fire
| Insurance, or Tor the construction and
operation of railroads. street-railroads,
wagon-roads, irrigating-ditches, and tho
| colonization and improvement OF lands
In connection Herewith, or for collegeE,
seminaries, churches, libraries, or for
any benevolent, charitable. or scientific
| associations.
Sec. 80. That the governor, chief
Justice OF the territory OF Dakota, and
the secretary OF said territory, or any
! two OF them, are hereby authorized and
required to meet at the capital of said
territory, within thirty days after the
taking effect of this act, and to reap
portion the members Of the council and
house of representatives of said terri.
tory OF Dakota upon tho s5;.si5=a.-:s:s:ss=
number of inhabitants therein, as near
as may be, excluding Indians not taxed.
as shown by the otfiglal census OF eight.
cen hundred and eighty five; and when
such reapportionment is completed they
shall forthwith file their report pi the
same with the secretary Of said territory;
and within ten days thereafter the
governor of sale territory shall issue his
proclamation tor an election of such
members of the Legislature so apportion-
ed as aforesaid, specifying in SAID proc
lamation the apportlonment so made
to the different sections; and which
election shall be held at the time and
places as provided by law, and the ro.
turns thereof canvassed as provided by
the laws of said territory OF Dakota.
Sec. SO. That the legislative Assem-.
blies CT said t.-ritory of Dakota and of
the territory of North Dakota may at
any time change, alter, or modify the
judicial districts OF said territory, and
ha p6r ~. Z.
and in respect to all cases, proceedings,
and matters arising within The limits OF
the territory Of North Dakota, the courts
of tie said territory of fNorthDskota, ,ehall
be the successors of the courts of the ter
litory of Dakota;and all the files,records,
indictments, and proceedings relating
thereto shall be transferred to said teri.
torial courts, respectively, and the samo
shall be proceeded with therein in due
process of law; and the legislature of
each OF said territories shall have the
power to provide, by acts to that effect,
for the transfer of actioIs, casee, prot
ceedings, and matters pending at the
time OF the passage of this act in the
supreme or district courts of the terri
tory OF Dakota. SO that no indictment,
action, or proceeding shall abate by
reason Of any change in the courts, out
shall be proceeded with in the proper
court according to law.
Sec. "a. That the following division
of the public debt of the former territory
is made: All the public Indebtedness
thereof which has been incurred for the
purpose OF public institutions within the
limits of the territory of Dakota, as by
this act constituted, shall be assumed
and paid by the said territory of Dakota;
all she remaining Indebtedness incurred
for the purpose OF public institutions
within the limits of the territory Of
North Dakota, as herein constituted,
shall be assumed and paid by the raid
territory of North Dakota; and tie
Legislatures of said territories shall make
immediate provision for the settlement
of said Indebtedness. Out of the funds
remaining in the treasury OF the terri
tory of Dakota at the passage OF this
act, including receipts from taxes inn
posed by former legislatures thereof, all
unfunded Indebtedness which ia a proper
charge against said funds shall be paid
by the treasurer of said territory to the
proper parties; and Of the remaining
funds SO in the treasury, including taxes
imposed by former legislatures thereof,
one.half of the moneys already collected
and on hand shall remain in the treasury
of the territory OF Dakota and one-half
shall be paid over to the treasurer of the
territory OF North Dakota, and ell taxes
remaining unpaid by the respective
counties shall be paid by such counties
to the treasurer of the territory in which
said counties may be situated. All
archives, records, and books, including
the public library, of the former terri
tory of Dakota, shall be retained by said
territory of Dakota aud transmitted to
the seat of government thereof: Protided.