two years thereafter a like election for delegate to congress shall take place.
Sect. 3. That when any vacancy shall happen in the office of delegate to congress from this territory, it shall be the duty of the governor to issue his proclamation, appointing a day to hold a special election to fill such vacancy.
Sect. 4. This act to take effect from and after its passage.
- Approved April 21, 1862.
ENTRIES AND DETAINERS.
CHAPTER 34.
AN ACT TO PROVIDE A REMEDY FOR FORCIBLE ENTRIES AND UNLAWFUL DETAINERS.
Be it enacted by the Legislative Assembly of the Territory of Dakota:
Section 1. No person or persons shall hereafter make an entry into lands, tenements, or other possessions, but in cases where entry is given by law; and in such cases not with strong hands nor with a multitude of people, but only in a peaceable manner; and if any person from henceforth do to the contrary, and thereof be duly convicted, he shall be punished by fine.
Sect. 2. Any justice of the peace shall have authority to inquire as hereinafter directed, as well against those who may make unlawful or forcible entry into lands, tenements, or other possessions, and detain the same, as against those who, having lawful and peaceable entry into lands, tenements, or other possessions, unlawfully and forcibly detain the same; and if it be found, upon such inquiry, that an unlawful or forcible entry hath been made, and that said lands, tenements, or other possessions are unlawfully detained by force and strong hands, or that the same, after a lawful entry, are so held or detained unlawfully, then such justice shall cause the party complaining to have restitution thereof.
