Page:1862 Territory of Dakota Session Laws.pdf/282

CHAP. XXIX.] . 3. Before entering upon the duties of his office, each clerk of the district courts of this territory shall execute a bond to the treasurer of his county, with two or more sufficient sureties, to be approved by the said treasurer, in the penal sum of one thousand dollars, conditioned for the faithful discharge of his duties as clerk of the district court of his county. The said clerk shall also take and subscribe an oath or affirmation, that he will support the constitution of the United States, and faithfully and honestly discharge the duties of his office, which oath or affirmation shall be certified on the back of said bond, and filed with the treasurer of the county.

. 4. Any person who may, at any time, be injured or aggrieved by reason of the violation of the duties of his office, on the part of any such clerk of the district court, or by any wilful neglect or refusal to perform any of the duties pertaining to the office of clerk of the district courts, as the same are or may be prescribed by law, may institute legal proceedings upon the bond of such clerk, and collect thereon double the amount of damages actually sustained by such aggrieved person, which suit may be brought before any court having competent jurisdiction, and the county treasurer is also authorized and required for every such violation or neglect of duty, to collect a fine of not less than fifty dollars, for any such violation of duty, or refusal or neglect on the part of said clerk of the district court.

. 5. It shall be the duty of the clerk of the district court to perform all duties which are or may be assigned him by law, and by the rules of the court of which he is clerk, made in pursuance of the statute in such case provided.

. 6. Each and every clerk of the district court may, at his discretion, with the sanction of the judge of his court, appoint a deputy clerk of the district, for whose acts the said clerk shall be responsible. The said deputy shall be appointed under the hand and official seal of the clerk, with the sanction of the judge indorsed on the back of such appointment.

. 7. Before any deputy clerk of the district court shall enter upon the duties of his office, he shall take and subscribe the same oath or affirmation prescribed and required