Page:1887 Compiled Laws of Dakota Territory.pdf/203

Township Government. aggrieved may maintain an action on said bond in his own name against said justice and his sureties.

§ 741. The bond and oath of office of a justice of the peace, filed in the office of the clerk of the district court for the county or judicial subdivision, are sufficient authority for said clerk to certify to the official acts and signature of such justice of the peace.

§ 742. All justices of the peace of any township of this territory shall have the same power and jurisdiction in their respective counties as is now or hereafter may be conferred upon justices of the peace by law and by an act entitled "an act to establish a code of procedure in courts of justices of the peace, and to limit the jurisdiction of the same," approved February 13, 1877 [the justices' code], and all amendments made or which may be hereafter made to said act. The civil and criminal proceedings before all justices of the peace of any township shall be governed and controlled by an act entitled "an act to establish a code of procedure in courts of justices of the peace and to limit the jurisdiction of the same," approved February 13, 1877 [the justices code], and the code of criminal procedure and all amendments made or which may be hereafter made to said act and codes.

§ 743. Every person elected or appointed to the office of treasurer, before he enters upon the duties of his office, shall execute and deliver to the supervisors of the town and their successors in office, a bond with one or more sureties, to be approved by the chairman of the board, in double the probable amount of money to be received by him, which amount shall be determined by said board, conditioned for the faithful execution of his duties as such treasurer.

§ 744. The said chairman shall within six days thereafter file such bond with said approval indorsed thereon, in the office of register of deeds, who shall record the same in a book provided for that purpose.

§ 745. Every person chosen to the office of constable, before he enters upon the duties of his office and within eight days after he is notified of his election or appointment, shall take and subscribe the oath of office prescribed by law and execute a bond to the board of supervisors in such penal sum as the supervisors direct, with one or more sufficient sureties to be approved by the chairman of said board or the town clerk, conditioned for the faithful discharge of his duties. The chairman of said board or the town clerk shall, if such bond is approved, endorse his approval thereon and cause such bond to be filed with the town clerk for the benefit of any person aggrieved by the acts or omissions of said constable, and any person so aggrieved or the town may maintain an action on said bond against said constable and sureties.

§ 746. If any person elected or appointed to the office of treasurer or constable does not give such security and take such oath as is required above within the time limited for that purpose, such neglect shall be deemed a refusal to serve.

§ 747. If any person elected or appointed to any town office, of whom an oath or bond is required, neglects to file the same within the time prescribed by law. such neglect shall be deemed a refusal to serve in such office.