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of the condition of the mortgage, whether before or after a breach thereof, shall, for the space of seven days after being thereto requested, and after tender of his reasonable charges, refuse or neglect to discharge the same, as provided in this chapter, or to execute and acknowledge a certificate of discharge or release thereof, he shall be liable to the mortgagor, his heirs or assigns, in the sum of one hundred dollars damages, and also for all actual damages occasioned by such neglect or refusal, to be recovered in a civil action.

Sect. 38. Where the word "chapter" occurs in this act, it shall be construed to mean act.

Sect. 39. This act shall take effect from and after its passage, and approval by the governor.

Approved May 7, 1862.

W. JAYNE, Governor.

 

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ELECTIONS.

 

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CHAPTER 32.

AN ACT PRESCRIBING THE MANNER OF CONDUCTING ELECTIONS; OF THE CANVASS AND RETURN OF THE SAME.

Be it enacted by the Legislative Assembly of the Territory of Dakota:

GENERAL ELECTIONS.

Section 1. That a general election shall be held in the several election precincts in this territory, on the first Monday of September in each year, at which there shall be chosen so many of the following officers as are by law to be elected in each year; that is to say, a delegate to congress and other territorial officers, members of the territorial council and house of representatives, judges of probate, district attorney, and the following county and precinct officers, to wit: county commissioners, sheriffs, registers of deeds, coroners, justices of the