Page:1889 Territory of Dakota Session Laws.djvu/103

48 § 4. .] The title to article ten is amended to read as follows: Article ten, police justice and city justice of the peace.

§ 5. .] That the words "City Justice of the Peace" be stricken out wherever they occur in sections one, two and twelve in article ten, and the words "Police Justice" be inserted in lieu thereof, and that the words "City Justice" in section thirteen, article ten be stricken out and the words "Police Justice" be inserted in lieu thereof.

§ 6. .] Insert after section ten in article ten the following section: Section eleven. The city justice of the peace shall have the same jurisdiction as justices of the peace within said county in all civil and criminal cases, and within the jurisdiction hereby conferred the power of said court as a commiting magistrate and in the trial of cases shall be the same as now or hereafter provided by the laws of the territory for justices of the peace and the process and proceeding of said court shall be governed by the laws regulating proceedings in justice courts and in all cases tried in said court an appeal may be taken to the district court for said county, in the same manner and upon the same conditions as provided by the laws of the territory in cases of appeal from justices of the peace, and on such appeal the district court shall have the same powers as provided by said laws.

§ 7. .] That section eleven of article ten. be amended to read as follows: In case of vacancy of the осе of police justice by death, resignation or otherwise the city council shall call a special election to fill such vacancy until the next annual election or until his successor is elected and qualified, and in case of temporary absence, interest or disability to perform his duties it shall be the duty of the city justice of the peace to act as police justice during such vacancy, absence or disability in the trial of causes cognizable before said police justice.

§ 8. .] That section eighteen. of article fifteen be amended by adding thereto the following: Provided, that after the grade of any street has been established as provided in this section the city shall, if they change the grade, be liable to the abutting property owners for any damage they may sustain by reason of any permanent improvements having been made by them to conform to the grade as first established.

§ 9. .] That the sections of the articles in said chapter seventy-three be re-numbered to conform to the foregoing amendment.

§ 10. .] That all the provisions of said chapter seventy three in conflict with this act are hereby repealed.

§ 11. .] This act shall take effect and be in force on and after its passage and approval.

Approved March 8th, 1889.