Page:1889 Territory of Dakota Session Laws.djvu/57

2 been filed in his office, which certificate shall be valid so long as such abstracter shall maintain his surety upon the bond as berein provided for unimpaired.

And it is hereby made the duty of said county clerk or auditor after the bond of any abstracter shall have been filed and approved to issue to such abstracter on demand, a certificate of authority in writing, under his hand and official seal, to make such abstracts which shall continue in force for five (5) years, unless recalled or cancelled, as provided in section three of this act. After such certificate shall have been issued, the person, firm or corporation holding the same during the continuance of such certificate, shall have full access to all records of said county during office hours; and it is hereby made the duty of any person, firm or corporation holding said certificate, to furnish an abstract of the title to any tract of laud in said county when requested so to do, and on the payment of the fees hereafter provided.

§ 3. .] The bond herein provided for may run during the continuance of said person, firm or corporation in said abstract business not to exceed five years, and the board of county commissioners of the county where the bond herein provided for may be filed, may at any time require such abstracter upon ten days notice to give additional security upon said bond, and show cause why the same should not be declared invalid, and the certificate thereof recalled and annulled, and if within such time the additional security to be approved by said board of county commissioners be not furnished, and no sufficient reason be shown to the commissioners why the same should not be required, then said bond shall be declared. invalid and the certificate thereof be recalled and annulled.

§ 4. .] The abstracter or complainant may have an appeal to the district court of such county from the decision of the board of county commissioners by preserving the evidence taken at the hearing, which shall be certified up by the county clerk (or auditor) of such county, and such appeal shall be summarily decided by the court upon such evidence, and the cost of such appeal including the furnishing of said evidence shall be adjudged against the defeated party.

§ 5. .] Any person, firm or corporation violating the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars, and not less than twenty-five dollars, for each and every offense.

§ 6. .] The provisions of this act shall not be construed to prevent the Register of Deeds, Treasurers and Clerks of court of the different counties of this Territory from certifying to abstracts of titles to land from the records of their respective offices; Provided, That such officers shall be liable on their official bonds for the faithful performance of all acts as abatracters.