NUMBER 41.-A Memorial to the Congress of the United States, Praying for an Appropriation to aid in Establishing and Construct- ing a Wagon Road from Rockport, in Hanson County, Dakota Territory, to AUTHENTICATION. DAKOTA TERRITORY, Secretary's Office, Yankton. ( I HEREBY certify, that I have this day delivered to Stone & Kingsbury, Public Printers for Dakota Territory, true and correct copies of all the public and private laws, memorials and resolutions, passed and approved, during the tenth ses sion of the Legislative Assembly of said Territory. WITNESS my hand and seal, this fifteenth day of L. S. EDWIN S. MCCOOK, Secretary. YANKTON PRESS OFFICE, Yankton, D. T., March 12, 1873. WE HEREBY certify that the following Laws, Memorials and Resolutions, are true and correct copies, as given us for publication by the Secretary of the Territory, as set forth in the preceding authentication. STONE & KINGSBURY, Public Printers, Dakota Territory. GENERAL LAWS. ADULTERY. CHAPTER 1. AN ACT TO PUNISH ADULTERY. Be it enacted by the Legislative Assembly of the Territory of Dakota: punished. SECTION 1. Every person who shall commit the crime of Adultery, how adultery, shall be punished by imprisonment in the Territorial penitentiary not exceeding five years, and be fined not exceeding five (5) hundred dollars, or either of said punishments, in the discretion of the court. fined. SEC. 2. If any married man shall commit an act, or have a Adultery deconnection with an unmarried woman, which would constitute the crime of adultery, in case such a woman had a husband, both persons committing such act, or having such connection, shall be punished as is provided in case of adultery. tery presumed ted. SEC. 3. If any man with another man's wife, or any woman Where adulwith another woman's husband, shall be found in bed togeth- to be commiter under such circumstances as to afford presumption of an illicit intention between them, both persons so found in bed as aforesaid shall be punished by imprisonment in the Territorial penitentiary not exceeding three years, or by fine not exceeding five (5) hundred dollars. effect. SEC. 4. This act shall take effect and be in force from and When to take after its passage. Approved, January 9th, 1873. AMENDMENTS AND REPEALS. Act repealed. Amendments of civil code of 1867-68. Further amendment. When credittor may bring CHAPTER 2. AN ACT TO REPEAL "AN ACT TO ESTABLISH A CODE OF CIVIL POSES. Be it enacted by the Legislative Assembly of the Territory of SECTION 1. That "An act to Establish a Code of Civil Procedure," approved May, 1862, be, and the same is hereby repealed. SEC. 2. That section 188 of "An Act to simplify and abridge the practice, pleadings and proceedings of the courts of this Territory," passed at the seventh session, be, and the same is, hereby amended by striking out all after the word “on,” in the eighth line thereof; and section 85 of said act is so amended as to allow the plaintiff in any action to file a notice of the pendency of the action as therein provided, and thereby create a lien on real property, and no attachment of real property shall be necessary, nor shall the same be valid until said notice is filed as aforesaid. SEC. 3. That said act passed at the seventh session be, and the same is, hereby amended by adding after section 196 thereof, the following: 1. Where a debtor has sold, conveyed, or otherwise dis. an action be posed of his property, with the fraudulent intent to cheat or defraud his creditors, or to hinder or delay them in the collection of their debts; or, 2. Is about to make sale, convey fore claim is dne. ance, or disposition of his property, with such fraudulent intent; or 3. Is about to move his property, or a material part thereof, with the intent, or to the effect, of cheating or defrauding his creditors, or of hindering and delaying them in the collection of their debts, a creditor may bring an action on a claim before it is due, and have an attachment against the property of the debtor. not have judg 2. The plaintiff in such action shall not have judgment on Plaintiff shall his claim, before it becomes due and the proceedings on attach- ment. ment may be conducted without delay. amendments. Motion for new trial, &c., to be heard and decided, where. SEC. 4. That said act be, and the same is hereby further, Further amended by adding after section 217 thereof, the following: 1. A motion for a new trial on a case, or exceptions, or otherwise, and an application for judgment on a special verdict or case reserved for argument or further consideration, must in the first instance be heard and decided at a general or special term, except that when exceptions are taken, the judge trying the cause may, at the trial, direct them to be heard in the first instance by the supreme court, and judgment in the meantime suspended, and in that case they must there be heard in the first instance, and judgment there given. may direct ver 2. And when upon the trial, the case presents only ques- When judge tions of law, the judge may direct a verdict subject to the dict, &c. opinion of the supreme court, and in that case the application for judgment must be made to the supreme court. respecting fees SEC. 5. That said act be, and the same is hereby further Amendment amended by striking out the fifth, sixth and seventh lines of of clerks. section 263, and substituting in lieu thereof, the following words, to-wit: "He shall receive no other fee for any services whatever in a civil action, except for copies of papers, at the rate of ten cents for every hundred words," and all acts in conflict with this provision are hereby repealed. amendments. SEC. 6. That said act be, and the same is hereby further Further amended by adding after section 273, the following: furnish surety. 1. In cases in which the plaintiff is a non-resident of the Plaintiff to county in which the action is to be brought, before commencing such action, the plaintiff must furnish a sufficient surety for costs. The surety must be a resident of the county where the action is to be brought, and approved by the clerk. His obligation shall be complete, simply by indorsing the summons, or signing his name on the complaint as security for |