Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-03-17
REFORM
rs. Il. No. 25.l

An Act for an Appropriation for the Erection of
the North Dakota Reform School at Mandan
and for Incidental and Contingent Expenses
for the same.
BE 1t Enacted. Etc:
SECTION l. That there is hereby APP
propriated out of the moneys in the State
Treasury, not otherwise appropriated, the
following sums of money for the erection
of q suitable Reform School at Mandan,
Morton county, North Dakota, and tor
incidental and contingent expenses of the
same, tO-wit:
For the building of a reform school,. $1,000
For incidental and contingent ex-
SEC. 2. WHEREAS, An emerge sSVSy
exists in this, that there has been nc pro-
visions made for the erection of buildings
for said Reform School, and that at pres
emit the State of North Dakota is under a
large expense in sending boys to the re.
form school at Plankington, South Dakota,
for the care and support OF whom within
this State no provisions are made, -there-
fore this act to take effect from and after
its passage and approval.
Approved, February %, 1898.
NOTIONS AND ORDERS, CIVIL &C
TONS.
III. B. No. POSI-
An Act to Amend Section $40 of the Code of
Civil Proce lure Compiled Laws 5S24.)
Be it Enacted, Etc:
SECTION l. That Section $40 of the Code
of Civil Procedure Compiled Laws Sec.
1924 be and the same is hereby amended
so as to read as follows:
S $40. First. An application FOR an
order is a motion.
Second. Motions upon notice may be
heard hV n i1NOo of q 1icfriaf IN x.,I,;oh
the action or proceeding is not pending in
the cases provided by law only either in
the district in which the action or proceed.
ing IS pending or in an adjoining district:
but such motions when heard by the judge
of the district in which the action or pro-
ceeding is pending, can be heard only in
such district.
Third. A motion to vacate or modify a
provisional remedy, and an appeal from
an order allowing a provisional remedy,
shall have preference over all other
motions and appeals.
Fourth. No order to stay proceedings
for a longer time than twenty days shall
be granted, except to stay proceedings
under an order or judgment appealed from
or upon previous notice to the adverse
party. When any party intends to make
or oppose a motion in any court, and it
shall be necessary for him to have the
afhdavlt OF any person who shall have re-
lused 10 make tile same, such court may,
by order, appoint a referee to take the
affidavit or deposition of such person. Such
person may be- subpGn8d and compelled
to attend and make an affidavit before
such referee, the same as before a referee
to whom it is referred to try all issue, and
the fees OF such referee for such service
shall be three dollars per day.
Fifth. When an order of the District
Court is male, which under the laws
regulating appeals to the Supreme Court
Is an appeable order, such order shall upOn
its face by apt words, briefly describe the
aftldavits, documents, papers and evidence
upon which the order is made, and the
judges may at their discretion refuse to
sign orders not so framed, and the Supreme
Court may at its discretion dismiss any an.
peal from an order which is not framed
substantially in accordance with the re-
qulrements of this subdivision.
Sixth. An order of the District Court
made without notice to the adverse party
may be vacated or modified, without
notice, by the Judge who made it; or the
same may be vacated or modified ON notice
in the manner in which other motions are
made.
SEC. 9. WHEREAS, An emergency exists
IN that it is uncertain whether IN order of
the district court or a judge thereof, made
without notice can be vacated without
notice, therefore, this act shall take effect
and he in force from and after its passage
and approval.
Approved, March 6, 1893.