Page:1862 Territory of Dakota Session Laws.pdf/281

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264
COURTS AND JUDGES.
[CHAP. XXIX.

CHAPTER 28.

AN ACT CONCERNING THE POWERS OF DISTRICT JUDGES.

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

Sect 1. That whenever a vacancy shall occur in the office of district judge of any district in this territory, or whenever it shall appear by an affidavit, to the satisfaction of any district judge in the territory, that the judge of any other district is unable to act, on account of sickness, interest, or absence from the district, or from any other cause, the judge to whom application may be made, shall have power to make any order, or do any act relative to any suit, judicial matter, or proceeding, or to any special matter arising within the district where such vacancy or disability exists, which the judge of such district court could make or do, and the order or act shall have the same effect as if made or done by the judge of such district.

Sect. 2. This act shall take effect and be in force from and after its passage.

Approved May 13, 1862.
W. JAYNE, Governor.

CHAPTER 29.

AN ACT RELATING TO CLERKS OF THE DISTRICT COURTS.

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

Section 1. There shall be appointed a clerk of the district court, in each of the organized counties in this territory, which appointment shall be made by the judge of the district in which such county is situated, in writing, under his hand, and may be revoked at any time by said judge.

Sect. 2. The clerk appointed in pursuance of the preceding section, shall keep his office at the county seat of his county.