Page:1887 Compiled Laws of Dakota Territory.pdf/167

§§ 538-542 three capable and discreet persons possessing the qualification of electors to act as judges at each precinct and for each of the polls of election; and notices of such election shall be posted, notices of appointments shall be served, and all other matters for such election shall be governed by the laws then existing, so far as they are applicable, for general elections.

Electors vote by ballot. s. 6, c. 38, 1887.

§ 538. The qualified voters of any county to be organized under the provisions of this act shall vote by ballot, having thereon the words, "For organization of - county (giving name specified in the petition referred to in section 536), 'yes;'" or the words, "For organization of - county (giving name specified in the petition referred to in section 536), 'no.'"

County clerk to certify result of election to secretary of territory. s. 6, c. 38, 1887.

§ 539. On the fifteenth day after the close of any election under this act, or as soon thereafter as all the returns are re- ceived, the said board of county commissioners shall proceed to canvass said returns and make a statement showing the whole number of ballots cast at such election, the number having the word "yes" thereon, and the number having the word "no" thereon, and if such county commissioners are satisfied as to the legality of such election, and shall find that two-thirds of the ballots cast at said election have the word "yes" thereon, they shall instruct the county clerk to immediately make a certified copy of such statement and forward the same to the secretary of this territory.

Governor to appoint three county commissioners. s. 5, c. 38, 1887.

§ 540. Within thirty days after receiving said certified copy of such statement as provided for by the preceding section of this act, if satisfied that the same is genuine and that the election certified to has been legally held, it shall be the duty of the governor of this territory and he is hereby authorized to appoint three persons residents of the county organized under this act, possessing the qualifications of electors, who will accept and qualify in such office, county commissioners for such county, who shall hold their office until the first general or annual election thereafter, i. e., until the Tuesday next after the first Monday in the following month of November, and until their successors shall be elected and qualified; and thereupon, upon the qualifying of said commissioners, said county shall be deemed to have existence as such and be governed by the laws of the territory relating to counties.

County commissioners appoint county officers. s. 6, c. 38, 1887.

§ 541. The county commissioners appointed under the provisions of the preceding section of this act, after having qualified according to law, shall appoint all the county officers of the county organized under this act and of which they are commissioners as required by law, who after having qualified shall hold their offices until the first general election thereafter and until their successors shall have been elected and qualified; provided, however, that all justices of the peace and constables in office as such within the boundaries of any county organized under this act shall continue by virtue of their election in office as justices of the peace and constables in and for such county for the remainder of their term, and shall give bonds to the county organized under this act of the same amount and in the same manner as had previously been given by them to the original county.

County seat, how located. s. 7, c. 38, 1887.

§ 542. Said county commissioners shall have power to temporarily fix the county seat, and such location shall remain the county seat until the first general election thereafter, when the qualified voters of such county are empowered to vote for and