ATTORNEY FEES. CHAPTER 16. LIMITATION IN NOTES, BONDS, MORTGAGES, ETC. AN ACT to Declare certain Provisions for Attorney's Fee Void, and to Provide a Reasonable Attorney's Fee in such cases. 65 Ni434 Be it Enacted by the Legislative Assembly of the Territory of Dakota: § 1. CONTRACT DECLARED VOID.] That any provision contained in any note, bond, mortgage or other evidence of debt for the payment of an attorney fee in case of default in payment or of proceedings had to collect such note, bond or evidence of debt or to foreclose such mortgage is hereby declared to be against public policy and void. § 2. FEES PRESCRIBED.] In all actions commenced and prosecuted to judgment in the district court for the foreclosure of any chattel or real estate mortgage the plaintiff in such action shall be allowed an attorney's fee as follows: On the first one hundred dollars or under of such judgment, ten dollars, and three per cent on each dollar of judgment in excess of one hundred dollars, and not exceeding five hundred dollars; Provided, That the attorney fee in no such case shall exceed the sum of twenty-five dollars, unless the court shall by order allow an additional sum, when issue has been joined in such action, and provided further, that if the plaintiff shall fail to recover in such action, the defendant in such action shall be allowed an attorney fee not exceeding twenty-five dollars. § 3. FEES IN FORECLOSURES.]. In all cases of foreclosure of chattel or real estate mortgages by advertisement and sale, if such foreclosure be made by an attorney at law who is a resident of this territory and admitted to practice law in the courts of this territory, there shall be allowed an attorney fee as follows: For foreclosing a chattel mortgage by advertisement and sale, five dollars, and no more; for foreclosing a mortgage on real estate by advertisement and sale, ten dollars and no more. § 4. REPEAL] All acts and parts of acts conflicting with this act are hereby repealed. § 5. IN EFFECT- -WHEN.] This act shall take effect and be in force from and after its passage and approval. Approved, March 7, 1889. ATTORNEY GENERAL. CHAPTER 17. MAY APPOINT AN ASSISTANT. AN ACT, To Authorize the Attorney General to Appoint an Assistant Attorney General. Be it Enacted by the Legislative Assembly of the Territory of Dakota : § 1. ASSISTANT- —HOW APPOINTED.] That the Attorney General may appoint an Assistant Attorney General-whose appointment shall be in writing and filed in the office of the Governor. That such Assistant Attorney General shall have the same powers and authority as the Attorney General. § 2. OATH OF ASSISTANT.] That the Assistant Attorney General shall, before entering upon the duties of his office, take and subscribe upon his appointment an oath that he will support the constitution of the United States and the act organizing this Territory, and that he will faithfully and impartially to the best of his ability and knowledge perform all the duties of the office of the Attorney General, as provided by the conditions of the bond of the Attorney General. That the Assistant Attorney General shall be paid by the Attorney General out of his salary, and receive no other compensation whatever. Approved, February 19, 1889. AUDITOR. CHAPTER 18. AUTHORIZED TO AUDIT A CLAIM. AN ACT Authorizing the Territorial Auditor to Audit a Claim of George F. Ingram against the Territory. Be it Enacted by the Legislative Assembly of the Territory of Dakota: § 1. AUDIT AND WARRANT AUTHORIZED.] That the Territorial Auditor be and is hereby authorized and empowered to audit and issue a Territorial warrant to George F. Ingram, agent for the Territory of Dakota, for the sum of two hundred and forty-one ($241.00) dollars, and the Territorial Treasurer is hereby directed to pay such warrant from the general fund of the territory. § 2. EFFECT WHEN.] This act shall take effect from and after its passage and approval. HOUSE OF REPRESENTATIVES, I hereby certify that on the 6th day of March, A. D. 1889, this act was returned to the House of Representatives, the House in which it originated without the approval of his Excellency, Governor Louis K. Church, and with the objections to this bill in writing; that said objections were entered at length on the journal of the House; that the House considered the bill and question put by the Speaker,' 'Shall this bill pass, the objections of the Governor to the contrary, notwithstanding?" The roll was called and the bill did pass, more than two-thirds of the members present and voting, voting in the affirmative. Attest: JNO. G. HAMILTON, H. H. KEITH, Speaker of the House. COUNCIL CHAMBER, I hereby certify that the within act, together with the objections of his Excellency, Governor Louis K. Church, was received from the House on the 6th day of March, A. Ď. 1889. That the objections of the Governor were read at length and entered upon the journal of the Council; that thereupon the question was put, "Shall this bill pass, the objections of the Governor to the contrary, notwithstanding?" The roll was called and the bill did pass, more than two-thirds of the members present and voting, voting in the affirmative. Attest: R. E. WALLACE, SMITH STIMMEL, AN ACT Authorizing the Territorial Auditor to Audit a Claim of John Sundback Against the Territory. Be it Enacted by the Legislative Assembly of the Territory of Dakota: § 1. AUTHORITY TO AUDIT AND ISSUE WARRANT.] That the Territorial Auditor be and is hereby authorized and empowered to audit and issue a Territorial warrant to John Sundback, as Sheriff of Minnehaha county, for the sum of $425.45, and the Territorial Teasurer is hereby directed to pay such warrant from the general fund of the Territory. § 2. EFFECT WHEN.] This act shall take effect from and after its passage and approval. Approved, March 8th, 1889. CHAPTER 20. AUTHORIZED TO AUDIT CLAIMS. AN ACT, To Authorize the Territorial Auditor to Audit and Pay certain claims. Be it Enacted by the Legislative Assembly of the Territory of Dakota: § 1. AUDIT CERTAIN CLAIMS.] The Territorial Auditor is hereby authorized to audit the certain claims of J. W. Sheridan and the Northwest Grain and Fuel company against the Territory of Dakota, for coal furnished the North Dakota Hospital for the Insane, at Jamestown, and to pay the amount found to be justly due by his warrant upon the Territorial Treasurer out of any fund or funds provided by Council Bill No. 314, for the support or maintenance of said institution. Provided, that said claims shall be presented and audited within thirty days from the passage of this act. § 2. EFFECT WHEN.] This act shall be in force and effect immediately upon its passage and approval. § 3. REPEAL.] All acts or parts of acts in conflict with this act are hereby repealed. Approved, March 8, 1889. BAIL. CHAPTER 21. COSTS OF JUSTIFICATION. AN ACT, To Amend Section 165, of the Code of Civil Procedure. Be it Enacted by the Legislative Assembly of the Territory of Dakota. § 1. EXAMINATION OF BAIL.] That Section one hundred and sixty-five of Code of Civil Procedure, be and the same is hereby amended by adding thereto the following words: "The costs of the justification shall be paid by the party offering the bail, if same is found not sufficient, but if sufficient, then the party excepting shall pay the costs of the justification." The costs of such justification shall be returned by such officer with his report of the same, and shall be taxed by the court in which the action is pending, as other costs are taxed. § 2. EFFECT WHEN.] This act shall take effect and be in force from and after its passage and approval. Approved, February 28, 1889. |