Page:1887 Compiled Laws of Dakota Territory.pdf/46

Rh § [57.] There shall be appointed in each territory a person learned in the law to act as attorney for the United States. He shall continue in office for four years and until his successor is appointed and qualified, unless sooner removed by the president.

§ [58.] There shall be appointed a marshal for each territory. He shall execute all process issuing from the territorial courts when exercising their jurisdiction as circuit and district courts of the United States. He shall have the power and perform the duties and be subject to the regulations and penalties imposed by law on the marshals for the several judicial districts of the United States. He shall hold his office for four years and until his successor is appointed and qualified, unless sooner removed by the president.

§ [59.] The supreme court of each territory shall appoint its own clerk; who shall hold his office at the pleasure of the court for which he is appointed.

§ [60.] Each judge of the supreme court of the respective territories shall designate and appoint one person as clerk of the district over which he presides, where one is not already appointed, and shall designate and retain but one such clerk where more than one is already appointed, and only such district clerk shall be entitled to a compensation from the United States.

§ [61.] All township, district and county officers, except justices of the peace and general officers of the militia, shall be appointed or elected in such a manner as may be provided by the governor and legislative assembly of each territory; and all other officers not herein otherwise provided for, the governor shall nominate, and by and with the advice and consent of the legislative council of each territory, shall appoint; but in the first instance where a new territory is hereafter created by congress, the governor alone may appoint all the officers referred to in this and the preceding section, and assign them to their respective townships, districts and counties, and the officers so appointed shall hold their offices until the end of the first session of the leg­islative assembly.

§ [62.] In any of the territories, whenever a vacancy happens from resignation or death during the recess of the legislative council, in any office which under the organic act of any territory is to be filled by appointment of the governor, by and with the advice and consent of the council, the governor shall fill such vacancy by granting a commission, which shall expire at the end of the next session of the legislative council.

§ [63.] Justices of the peace and all general officers of the militia in the several territories shall be elected by the people in such a manner as the respective legislatures may provide by law.

§ [64.] When from any cause there shall be a vacancy in the office of justice of the peace in any of the territories of the United States, it shall be lawful to fill such vacancy by appoint­ment or election, in such manner as has been or may be pro­vided by the governor and legislative assembly of such territory; provided, that such appointee or person elected to fill such vacancy shall ho1d office only until his successor shall be regu­larly elected and qualified as provided by law.

§ [65.] The annual salary of the chief justice and associate justices of all the territories now organized shall be three thou­ sand dollars each.