Page:1889 Territory of Dakota Session Laws.djvu/123

65 by such commissioners, a pro rata distribution shall be made among those applying and the commissioners shall have the right to refuse any application which they may deem it improper to grant.

§ 13. .] The board of county commissioners of any county having funds in its treasury belonging to the general fund of aaid county, not otherwise appropriated, may at the time, and subject to all the conditions and limitations in this act contained, appropriate any portion thereof, not exceeding the sum of *twenty- five thousand dollars, for the purpose specified in this act.

§ 14. .] The affidavit provided for by Chapter 150, of the General Laws of 1887, may be made by the County Auditor or Chairman of the Board of County Commissioners.

§ 15. .] All persons wishing to avail themselves of the benefit of this act, shall file with the County Auditor of the county where said applicant resides, on or before the fifteenth day of March, A. D., one thousand eight hundred and eighty-nine (1889), an application duly sworn to before said County Auditor, which application shall be attested by at least two (2) witnesses. Said application shall contain a true statement of the number of acres the applicant has plowed or prepared for seeding, how many acres the applicant intends to have plowed and prepared for seeding time; how many bushels are necessary and what kind of wheat to seed the ground so prepared as aforesaid; that said applicant’s crop was in the year one thousand eight hundred and eighty.eight entirely destroyed by frost, or if only partially destroyed, how many bushels the applicant harvested in the year one thousand eight hundred and eighty-eight, and each kind of grain; also, what amount of seed grain said applicant desires to borrow of said county, that the applicant has not procured and is unable to procure the necessary seed wheat; also, that the applicant desires the same for seed and for no other purpose, and that the applicant will not sell or dispose of the same, or any part thereof. Said application shall also contain a true and full description of allreal and personal property owned by the applicant, and whether encumbered or otherwise, and also the gov- ernment sub-division or sub-divisions upon which the party intends to sow said seed. And the County Auditor shall upon the granting of the prayer of the applicant cause to be filed, recorded and indexed in the office of the Register of Deeds, in the same manner that mortgage deeds are filed, recorded, and indexed, a certified copy of such application which the Register of Deeds shall file, record and index, and the record so made shall be notice of the lien created by this act, to all subsequent encumbrancers. The fee of the Register of Deeds for each application filed and recorded shall be 50 cents which shall be paid by the applicant.

§ 16. .] Said applications shall be filed in said County Auditor’s office and be open to public inspection and no applicant shall be entitled to receive any of the benefits of this act unless on or before the fifteenth day of March, one thousand eight hun-