Page:1863-64 Territory of Dakota Session laws.djvu/30

 18 [CO]URTS-DEPOSITIONS.

trict court in, and for the same shall be held at Yankton on the third Tuesday of April, and the third Tuesday of November of each year, and all that portion of ceded land in said Territory not embraced in any other district, is hereby attached to said second judicial district for judicial purposes.

Sec. 3. All acts and parts of acts conflicting with this act, are hereby repealed.

Sec. 4. This act shall take effect from and after its passage.

Approved, January 15th, 1864.

DEPOSITIONS

CHAPTER XVII

AN ACT IN RELATION TO DEPOSITIONS.

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

Section 1. Whenever any suit shall be pending before any justice of the peace in this Territory, against any person or persons in the military service of the United States, commenced during the absence of such person or persons from this Territory, and while engaged in said service, said justice shall, upon the application of counsel for the defendant, issue & commission, directed to some field or commissioned officer in said service, directing him to take the deposition of such defendant, to be used as testimony in such case before said justice, and said justice shall adjourn said case until a reasonable opportunity shall hate been afforded for the taking and return of such depositions,

Sec. 2. In every such case the justice may upon the application of either party, also issue a commission for taking the deposition of any person engaged in the military service of