Page:North Dakota Reports (vol. 1).pdf/550

 missioners is plain and not ambiguous. There is no chance for different persons to place different constructions upon the statute. The only fees they are allowed to charge is three dollars per day for the time engaged in their official duties, and also five cents mile for travel, and, if he has made any other charges, those are illegal. State v. Bauer, 273.

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Whether or not he can demand pay from county for use of his team. Quære. Id.

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Authority of county treasurer to sell lands for taxes is derived from the statute and can only be controlled by court of competeut iurisdiction. ''Bode v. N. E. Inv. Co.'', 121.

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Is necessary party defendant in action to restrain sale of lands for taxes. Id.

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The district court of the state of North Dakota is the successor of the territorial district court, and has jurisdiction to render judgment in actions pending in such territorial court at the time of the admission of the state into the federal Union, although the verdict was rendered before such admission. Braithwaite v. Power, 455.

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Territorial courts are bound by federal precedents. Territory v. O'Hare, 30.

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B., a county commissioner, was indicted and convicted for "taking excessive fees." The indictment was framed under § 6303, Comp. Laws, which is as follows: "Every executive officer who asks or receives any emolument, gratuity, or reward, or any promise of any emolument, gratuity, or reward, excepting such as may be authorized by law, for doing an official act, is guilty of a misdemeanor." At the trial the following facts were established by undisputed evidence: At the