Page:1887 Compiled Laws of Dakota Territory.pdf/43

Rh spective district courts, or so much thereof as is necessary, shall be appropriated to the trial of causes arising under such constitution and laws, but writs of error and appeals in all such cases may be had to the supreme court of each territory, as in other cases.

[By subsequent enactment, the courts of the fourth and fifth districts were deprived of jurisdiction in United States cases. ]

§ [36.] The legislative assemblies of New Mexico, Washington, Colorado, Dakota, Arizona and Wyoming territories may assign the judges appointed for such territories, respectively, to the several judicial districts thereof, in such manner as each legislative assembly deems proper and convenient.

§ [37.] The legislative assemblies of Colorado, Dakota and Wyoming territories may fix or alter the times and places of holding the district courts for such territories, respectively, in such manner as such legislative assembly deems proper and convenient.

§ [38.] The judges of the supreme court of each territory are authorized to hold court within their respective districts, in the counties wherein, by the laws of the territory, courts have been or may be established, for the purpose of hearing and determining all matters and causes, except those in which the United States is a party; but the expense of holding such courts shall be paid by the territory or by the counties in which the courts are held, and the United States shall in no case be chargeable therewith.

§ [39.] Hereafter the supreme court of the territory of Dakota shall consist of a chief justice and five associate justices, any five of whom shall constitute a quorum.

§ [40.] It shall be the duty of the president to appoint two additional associate justices of said supreme court, in a manner now provided by law, who shall hold their office for the term of four years, and until their successors are appointed and qualified.

§ [41.] The said territory shall be divided into six judicial districts, and a district court shall be held in each district by one of the justices of the supreme court, at such time and place as may be prescribed by law. Each judge, after assignment, shall reside in the district' to which he is assigned.

§ [42.] Until changed by the legislative assembly of said territory, the fifth district of said territory shall consist of the following counties, namely: Brookings, Kingsbury, Beadle, Deuel, Hamlin, Grant, Codington, Clark, Day, Spink, Brown, Hand, Hyde, Hughes, Sully, Edmunds, Faulk, McPherson, Potter, Campbell, Roberts and Walworth, and the Sisseton and Wahpeton Indian reservation. And the second district and fourth district, shall consist of the remainder of the territory which now constitutes said second district and the fourth district, respectively, as defined by the statutes of said territory.

§ [43.] Until changed by the legislature of said territory, the sixth district shall consist of the following counties, namely: Bowman, Villard, Billings, Dunn, McKenzie, Allred, Buford, Flannery, Wallace, Mountraille, Williams, Stark, Hettinger, Morton, Mercer, McLean, Stevens, Renville, Wynn, Bottineau, McHenry, Sheridan, Burleigh, Emmons, McIntosh, Logan, Kidder, Wells, DeSmet, Rolette, Towner, Benson, Foster, Stutsman, LaMoure, Dickey, Griggs, Steele and Barnes.