Page:1887 Compiled Laws of Dakota Territory.pdf/172

This page needs to be proofread.
County Officers
POLITICAL CODE.
§§ 565-572

ARTICLE 4.-County Seats.

Section.

565. County seat, how changed.

566. County seat located on public land.

567. Commissioners to survey and plat the same.

Section.

568. Surplus lots sold.

569. Certificate to purchaser.

570. Net proceeds paid into treasury.


County seat, how changed. s. 7, c. 21, Pol. C.

§ 565. Whenever the inhabitants of any county are desirous of changing the place of their county seat, and upon petitions being presented to the county commissioners, signed by two-thirds of the qualified voters of the county, it shall be the duty of the said board, in the notices for the next general election, to notify place of their choice; and if, upon canvassing the votes so given, it shall appear that any one place has two-thirds of the votes polled, such place shall be the county seat, and notice of such change shall be given as hereinbefore provided in the case of the location of county seats of new counties.

[For contests of location of county seats, see article 2, chapter 14, political code.]


County seat located on public lands. s. 8, c. 21, Pol, C.

§ 566. Whenever any county seat shall be located upon the public lands, it shall be the duty of the county commissioners to enter or purchase a quarter section of land at the place so desig- nated, at the expense of and for the use of the county, within three months thereafter, if said land be subject to private entry; if not, the board shall clainm the same as a pre-emption under the laws of the United States, for the use of said county.

Commissioners to survey and plat same. s. 9. c. 21, Pol. C.

§ 567. The county commissioners shall, within three months after the selection, cause the same to be surveyed in town lots, squares, streets and alleys, and platted and recorded in pursuance of law, and shall select the place for the county buildings thereon, reserving for that purpose so many of said lots as may be deemed necessary.

Surplus lots sold. s. 10, c. 21, Pol. C.

§ 568. The remainder of said lots shall be offered at public sale, by the sheriff of said county, to the highest bidder, at the times and places to be designated in the notices of such sales, which shall be posted at three publie places in the county, and published in some newspaper, at least thirty days previous to such sales. The terms of sale shall be one-third cash and the balance on time, as the county commissioners may deem best, and they may dispose of lots at private sale upon terms as above provided.

Certificate to purchaser. s. 11, c. 21, Pol. C.

§ 569. Purchasers of the aforesaid lots shall receive a certificate of purchase from said sheriff, entitling the holder to a warranty deed from the county commissioners when payment in full shall be made for the same; any lots sold as above, that shall not be paid for as provided in this chapter, or within one year thereafter, shall be forfeited to the county and shall bé again sold as herein provided.

Net proceeds paid into treasury. s. 12, c.21, Pol. C.

§ 570. The proceeds of the sales of the aforesaid lots, after deducting the expenses of the surveying, advertising, selling, and all other necessary expenses, shall be paid into the county treasury and shall constitute a fund for the erection of public buildings for the use of the county, at the county seat, and shall be used for no other purpose whatever.

ARTICLE 5.-Corporate Powers and Liabilities of Counties.

Section.

572. County is a body corporate-Powers.

Section.

573. Judgment against counties, how paid.

County a body corporate-Powers s. 13, c. 21, Pol. C.

§ 572. Each organized county is a body corporate for civil

and political purposes only, and as such may sue and be sued,

149