Page:Revised Codes of the State of North Dakota 1895.pdf/9

This page has been proofread, but needs to be validated.

ACT AUTHORIZING REVISION.

[Chapter 74, Session Laws of 1883.]

§ 1. As soon as practicable after the adjournment of the third regular session of the legislative assembly the governor shall appoint three revising commissioners, who shall be competent and reputable attorneys of this state, learned in the law and each of whom shall qualify by taking the constitutional oath of office and filing the same in the office of the secretary of state, and shall hold his office for the term of two years or until the duties herein prescribed shall be duly performed unless sooner determined by law; said commissioners shall constitute a board to be known as the revising commission, a majority of whom shall determine all questions properly arising before said board, but in case any vacancy shall occur in the office of either, the governor shall fill the same by appointment; provided, however, that it shall be his duty before making any appointment herein contemplated, to consult and advise with the judges of the supreme court as to the person or persons who ought to receive such appointment and the qualifications and relative fitness of persons proposed therefor.

§ 2. The revising commission while engaged in the performance of its duties, shall have charge of the report of the compilation committee made to this session of the legislative assembly; shall be furnished with suitable office room and other facilities in the city of Bismarck at public expense, and may whenever it shall deem necessary employ a competent clerk and stenographer.

§ 3. It shall be the duty of the revising commissioners:

1. To examine the laws reported by said committee for compilation and compare the same with the statutes of Dakota territory and the state of North Dakota with due reference, also, to the constitution and such other enactments as may affect their validity and make convenient notes of reference indicating what statutes or parts of statutes not in force, if any, are now included therein, what statutes or parts of statutes still in force are omitted therefrom, what changes are necessary by reason of the enactments of this session of the legislative assembly and generally what inconsistent, conflicting or superfluous provisions are to be found in the existing laws and what statutes or parts of statutes are of doubtful force or validity and make such further investigation as may be necessary to bring before them the real state of the law.

2. To revise the law. generally, by rejecting all unnecessary, in harmonious, obsolete or otherwise objectionable enactments and reporting them in proper bill form for the purpose of repeal to the fourth session of the legislative assembly and adopting only those statutes or parts of statutes in distinct sections, which do not require change, and by preparing anew and embodying in connection therewith, upon any particular subject wherein it may be found necessary, such other provisions as may be required to avoid uncertainty and harmonize and complete the law according to its true intent; and all newly prepared matter so introduced shall be reported to the fourth legislative assembly in the form of appropriate bills for enactment or re-enactment, each of which shall designate by the proper number or numbers the section or sections of the Revised Codes for which it is intended.

3. To codify the laws so adopted and revised by excluding the titles, enacting clauses, and other formal and unnecessary parts of the several statutes in their