Page:1887 Compiled Laws of Dakota Territory.pdf/197

§§ 706-709 rivers or lakes or creeks so divide a township as to make it inconvenient to do town business, the said commissioners may dispose of any fraction so formed by annexing the same to an adjoining township in the same county if it shall seem to them proper, whenever petitioned to do so by not less than two-thirds of the legal voters residing in such fraction, and the fact that any such petition is so signed by two-thirds of such voters may be proved by the affidavit of any legal voter residing in such fraction having knowledge of the fact; and townships having two or more villages or cities, each containing two hundred or more inhabitants, may petition the county commissioners for a division; and whenever the county commissioners are so petitioned, they may, if they think the interest of such town will be subserved thereby, proceed to divide such townships in such manner as will best suit the convenience of the territory. And the board of county commissioners of any county lying north of the forty-sixth parallel of latitude, west of the Missouri river, may unite not less than four congressional townships into one civil township, or may add not more than three congressional townships to any congressional township already organized as a civil township, when petitioned by a majority of the legal voters affected thereby, if in the opinion of the said board of commissioners the best interests of said townships be subserved thereby; provided, however, that at least twenty days' notice shall be given by the county commissioners to the chairman of the board of supervisors of each township affected by the change, before action is taken thereon; provided further, that nothing herein contained shall be construed to release any property in or belonging to that part of any township so detached, from any tax levied or assessed prior to such division being made; provided, that the part or portion of any town annexed to any other town, and any village or city separated from any town under the provisions of this act, shall not be released from or in any way discharged from the payment of any bonded or other indebtedness that may exist against the town from which separation has been made.

§ 706. Towns thus formed shall be named in accordance with the expressed wish of a majority of the legal voters resident therein, but if they fail to so designate the name the county commissioners may select a name.

§ 707. The county commissioners shall thereupon make out notices designating a suitable place for holding the first town meeting in each town, which shall be holden within twenty days after said town is organized; and the auditor or county clerk shall deliver such notice to the sheriff of the county, who shall cause the same to be posted in each township not less than ten days before the day set for such town meeting

§ 708. Each county auditor or county clerk shall, within thirty days after such town is organized, transmit by mail to the auditor of the territory an abstract of such report, giving the bounds of each town and the name designated; and said county auditor or county clerk shall record in a book for that purpose a full description of each town.

§ 709. If the auditor of the territory on comparing the abstract of the reports from the several counties finds that any two or more townships have the same name he shall transmit to the auditor or county clerk of the proper county the name of town to be altered; and the board of commissioners shall at their next meeting thereafter adopt for such town some name different

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