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 succeeding to the office of such delinquent to file complaint against him before a justice of the peace; provided, that in case the person so failing or refusing to deliver said volumes of laws can show to the satisfaction of the justice that said volumes have been destroyed or stolen in a manner for which the said delinquent person should not be held responsible, then and in that case no penalty shall be imposed.

§ 58. Whenever any county, township, or precinct officer entitled to a copy of the laws of this territory, shall, through the neglect or refusal of his predecessor in office to turn such laws over to him, or through loss occasioned by fire, theft or other cause for which said person cannot be held responsible, be without such laws, such person is hereby authorized to make as written requisition upon the county clerk of his county for such volumes of laws as may be required, and the said clerk is authorized to proceed in the manner hereinbefore provided for the general distribution to supply the said requisition; provided, that the secretary shall be authorized to charge the county from which such requisition is made, the cost, with ten per cent. added, for each and every additional volume so furnished; which said amount shall be allowed by the board of commissioners of said county and paid over to the secretary in cash, who shall in turn pay the same to the territorial treasurer, taking his official receipt therefor.

§ 59. The secretary of the territory shall sell to any party applying therefor, the volumes of laws of this territory, for the cost and ten per cent. added per volume, and pay over to the territorial treasurer all sums so received, taking the official re­ceipt of said treasurer therefor.

§ 60. Ten volumes of the laws of Dakota passed by each legislative assembly hall be placed in the territorial library by the secretary of the territory, and shall be kept therein for the use of any person visiting said library; but shall not be loaned or otherwise disposed of.

§ 61. If the provisions of any code, title, chapter or article conflict with or contravene the provisions of any other code, title, chapter or article, the provisions of each code, title, chapter or article must prevail as to all matters and questions arising thereunder out of the same subject matter.

§ 62. In the publication of the codes and general statute, the secretary of the territory has power, without altering the general plan, to renumber and readjust sections, chapters, arti­cles an subdivisonssubdivisions [sic], and also to place and distribute general statutes not now embraced in the codes in the same under the appropriate chapter or other heading.

§ 63. The territorial library, including statutes, reports, document and miscellaneous books of every nature and descrip­tion belonging to said library, is hereby placed in the care and custody of the secretary of the territory, whose duty it shall be to provide a room for said library, and keep the same open at all reasonable hours for the benefit of the public; to label and ar-