copy of the proceedings, the clerk of the district court shall direct the sheriff, under the seal of the court, to sell said property at public sale, to the highest bidder, for cash, whereupon the sheriff shall give such notice of the time and place of said sale, not less than ten days, as will make the sale five days subsequent to the expiration of the fifty days' notice given by the justice of the peace.

SECT. 7. The sheriff shall pay the amount received for said property to the clerk of the district court, who shall pay all costs which have accrued in the taking up, assessing, advertising, or otherwise allowing the same fees, as are allowed in all other civil cases for the same duties; and allowing the person taking up and securing said property to select between receiving five dollars for taking up and securing, and thirty dollars for keeping the same, or twenty-five per cent. on the net proceeds of the sale thereof; the remainder of the proceeds of said sale shall be paid into the county treasury, the clerk of the district court taking the treasurer's receipt thereof, and shall be paid to the owner of such property, if application and satisfactory proof of such ownership be made within one year from the day of the sale of said property.

Of the proceeds of sale.

one hundred dol

SECT. 8. If any property shall be assessed at one hundred if less than dollars or less, then the justice of the peace, instead of certi- lars. fying his doings to the clerk of the district court, as provided for in section six, shall, at the expiration of thirty days from the date of the notice to publisher, as provided for in this chapter, direct the sheriff or some constable to sell said property at public sale, to the highest bidder for cash, giving not less than twenty days' notice thereof; and said justice shall receive and dispose of the proceeds of such sale in the same manner and under the same regulations in all respects; and the amount, if any remaining, after paying the demands against said property, shall be paid to the county treasurer, subject to be claimed in the same manner as is provided for any sale made under the provisions of this chapter, under the authority of the clerk of the district court.

dollars.

SECT. 9. In all cases when the property so taken up shall, If less than ten in the opinion, under oath, of the person taking up and securing the same, not exceed the value of ten dollars, then, and in that case, the person so taking up and securing said property, shall forthwith give notice by posting up three writ

Indian canoes, or lumber and

to this act, except when.

Proviso.

ten or printed notices, in three of the most public places in the neighborhood, where such property was taken up and secured and if the owner shall apply therefor, prove property, and pay one dollar for taking up and securing, and twentyfive cents per day for keeping the same, then said property shall forthwith be delivered to said owner; and in case of the refusal of any person having taken up and secured said property, he shall be proceeded against in the same manner as prescribed in section three of this chapter, for persons refusing to deliver to the owner thereof any property exceeding the value of ten dollars, so taken up and secured; and if no person shall apply for and prove his right to possess said property, for twenty days from the date of the taking up and securing the same, then the property may be removed from the water, or otherwise disposed of by the person so taking up and securing the same, for his own use or benefit.

SECT. 10. No canoes belonging to Indians, or cribs of logs not subject lumber or logs shall be subject to the provisions of this chapter, but it shall be returned to the owners thereof, on application for and proof of the right to possess the same: Provided, That rafts or cribs of lumber, staves or logs, not purposely put adrift by the owners thereof, or their agents, for the purpose of driving the same, but shall have broken away contrary to the desire and against the will of the owners or the agents, and which may be subject to be injured and broken to pieces if suffered to proceed, shall be subject to all the provisions of this chapter.

Owner may have immediate

SECT. 11. The owner or his agent, on proof of ownership, possession, how. before a justice of the peace, at any time previous to the day of sale, shall, on payment of five dollars for taking up the same, and fifty cents per day for each day thereafter, for keeping said property, together with any and all legal costs incurred for advertising, assessing, or otherwise, shall be entitled to the immediate possession of the property so taken up and secured.

If person unlawfully detains or embezzles such property. Penalty.

SECT. 12. If any person unlawfully detain or embezzle property wrecked, lost, or adrift, contrary to the provisions of this chapter, or shall neglect to keep in safety, or shall allow the same to get aground after he shall have taken up and secured property, as aforesaid, the person so offending shall

be liable to pay double damages to the party injured, in a civil action before any court having competent jurisdiction.

officer embezzles

Penalty.

SECT. 13. If any clerk of the district court, justice of the If any public peace, or other officer receiving money under the provisions money received. of this chapter, shall secrete or embezzle the same, or any part thereof, such clerks or other officer shall forfeit fourfold the value thereof, to be recovered in a civil action in any court having competent jurisdiction, one half to the party injured, and the other half to the use of the county in which said cause may be tried.

SECT. 14. When any person shall make oath before any justice of the peace that he has lost any property by wreck or the rising of the waters or other accident, and that he has good cause to believe that such property so lost is secreted by or in the possession or custody of any other person, it shall be lawful for such justice of the peace, by warrant, under his hand, to direct any constable to search for and take into his custody and charge the property so secreted or in the possession of any person; and the person so secreting or having such property in his possession shall not be entitled to salvage, and shall be further liable to pay a fine of not more than twenty nor less than five dollars, for the use of the county, upon being convicted of secreting or having such property in his possession, without advertising, as provided for in this chapter.

makes oath as to

When person

his belief of prop

erty being

secreted, &c.

stopped. Pen

SECT. 15. No loose saw logs, of pine or other wood, float- If loose logs ing in any stream of this territory, shall be taken up or stopped, alty. without the consent or authority of the owner thereof, under the penalty, if said logs are marked or branded as required by law, of double the price of said logs so taken up or stopped; to be recovered in a civil action, before any court having competent jurisdiction.

If saw logs

SECT. 16. Whenever any saw logs, owing to high waters, drift on to other shall float or drift on the premises of any person, and shall premises. there stop or lodge, the owner shall have authority to remove the same, doing as little damage to the fences, trees, or other property, as possible; and any person who shall attempt to prevent the owner of any logs, or his agent, taking said logs, shall be liable to a fine of not more than five dollars for every such offence. SECT. 17.

If not claimed

When saw logs or timber shall have lodged or for two months.

Of damage to or secretion of

stopped on the premises of any person in this territory, and no person shall appear to claim the same for the space of two months, the owner. [or] occupant of said land may convert the said logs or timber to his own use.

SECT. 18. Any person who shall wilfully cut, split, or marked saw logs. otherwise injure any saw log that is marked or branded, or shall wilfully drive any saw logs into any slough, or on any island or bottom land, with a view to secrete the same, shall be liable to pay double damages to the owner of such logs. SECT. 19. This act to take effect from and after its passage, and approval by the governor.

Take effect, when.

Approved May 15, 1862.

W. JAYNE, Governor.

SCHOOLS.

County com

missioners to ap

CHAPTER 81.

AN ACT FOR THE REGULATION AND SUPPORT OF

COMMON SCHOOLS.

Be it enacted by the Legislative Assembly of the Territory of

Dakota:

SECTION 1. That the board of county commissioners of point superinten each county shall appoint a county superintendent of public

dent.

He shall take oath and give

bond.

instruction.

SECT. 2. The county superintendent of public instruction shall have charge of the common-school interests of the county. He shall, before he enters upon the discharge of the duties of his office, take and subscribe an oath or affirmation to support the constitution of the United States, and the act organizing this territory, and faithfully to discharge the duties of his office, which oath or affirmation shall be filed in the office of the register of deeds. He shall also execute a bond with approved security, payable to the board of

county commissioners, for the use of common schools in said county, in a sum to be fixed by the said commissioners. Said bond must be approved by the register of deeds, and filed in his office.

Commissioners

into districts.

SECT. 3. It shall be the duty of the board of county com- to divide county missioners to divide the county into a convenient number of districts, and divide the same when the interests of the inhabitants of the several districts may require it; and shall describe and number the school districts of the county, and a copy of the paper or papers containing such description shall be delivered by the register of deeds to the county superintendent of public instruction.

Judge of pro bate to notify

of amount of

SECT. 4. It shall be the duty of the judge of probate, on the first Monday of April in each year, to furnish the county superintendent superintendent of public instruction with a statement of money yearly. the amount of money in the county treasury belonging to the school fund, and he shall pay the same upon the order of the said superintendent.

DUTIES OF THE COUNTY SUPERINTENDENT.

to apportion tricts, when.

SECT. 5. It shall be the duty of the county superintendent Superintendent of public instruction, on the second Monday of April in each money to disyear, or as soon thereafter as he shall receive the statement of the judge of probate, certifying the amount of money in the county treasury, for the use of common schools for the current year, to apportion such amount to the several districts, or parts of districts, within the county, in proportion to the number of white children residing in each, over the age of five, and under the age of twenty-one years, as the same shall appear from the last annual reports of the clerks of the respective districts, and he shall draw his order on the county treasurer in favor of the several district treasurers for the amount apportioned to each district: Provided, No Proviso. district shall be entitled to receive any portion of the commonschool fund in which a common school has not been taught at least three months during the year.

when.

SECT. 6. He shall visit each school in the county at least Visit schools, once each term, for the purpose of examining into the condition of the school, of ascertaining the text-books used, and of giving such advice as he may deem proper, in reference to