CIVIL CODE. AN ACT to adopt and establish a Civil Code for the Territory of Jefferson. CHAPTER I. AUTHENTICATION OF STATUTES. Governor to sign bill. SEC. 1. When the Governor approves a bill, he shall set his name thereto with the date of his approval. Constitutional majority can pass bill over the Governor's veto; Form of endorsement thereon. SEC. 2. When a bill which passes both houses of the General Assembly is returned by the Governor without his signature and with his objections thereto, and upon a reconsideration is passed in both houses by a constitutional majority, it shall be authenticated as having become a law by a certificate endorsed thereon, or attached thereto in the following form: This bill having been returned by the Governor with his objections thereto, and having upon reconsideration been passed in both houses of the General Assembly by a constitutional majority, has become a law this day of which certificate shall be signed by the presiding officer of each of the houses. Bill to become a law if not signed or vetoed within three days after it comes into the Governor's possession. SEC. 3. When a bill passes both houses of the General Assembly and is not returned by the Governor within three days after it is presented to him, and thereby becomes a law, it shall be authenticated by the Governor, causing that fact to be certified thereon by the Secretary of the Territory in the following manner : This bill having remained with the Governor three days (Sunday excepted,) the General Assembly being in session, has become a law this day of J. C., Secretary of the Territory. Criminal code. CHAPTER II. WHEN STATUTES TAKE EFFECT. SEC. 5. Part first of this statute being the Criminal Code, shall be in force and take effect from and after the first day of January, A. D. 1860. Civil code. SEC. 6. Part second of this statute being the Civil Code, shall be in force and take effect from and after the first day of January, A. D. 1860. General laws. SEC. 7. Part third of this statute, being the general acts and laws of the first General Assembly, shall be in force and take effect from and after the date of their approval. Special acts and charters. SEC. 8. Part fourth of this statute being the special acts and charters, shall be in force and take effect from and after the date of their approval. Law hereafter passed. SEC. 9. The acts and laws of each General Assembly hereafter convened, shall be in force and take effect on the sixtieth day after the adjournment of such General Assembly, unless otherwise especially provided for in such acts and laws. CHAPTER III. COUNTIES. Counties are bodies corporate. SEC. 10. Each county now or hereafter organized, is a body corporate for civil and political purposes only, and as such, may sue and be sued; shall keep a seal such as provided by law; may acquire and hold property and make all contracts necessary or expedient for the management, control, and improvement of the same, and for the better exercise of its civil and political powers; and may do such other acts and may exercise such other powers as may be allowed by law. Counties bounded by a stream of water. SEC. 11. Counties bounded by a stream or other water, have concurrent jurisdiction of the whole of the waters lying between them. CHAPTER IV. UNORGANIZED COUNTIES. Unorganized counties attached to nearest organized counties. organized county, for Indian, electoral, and revenue purposes; and shall for those purposes respectively, be deemed to be within the limits of the county to which they are or may be so annexed, and to form a part thereof, unless otherwise provided by law. Precincts of unorganized counties. SEC. 13. The County Court of a county to which an unorganized county is attached for election purposes, is required to divide the attached county into precincts, and to determine the place of holding elections in each, and to appoint the judges of election, who shall appoint the clerks. But if such appointment of judges is not made, or if the judges or any of them, do not attend, the electors may choose others in their stead. Officers of the peace. SEC. 14. Each precinct in an unorganized county may elect two Justices of the Peace and two Constables. County officers. SEC. 15. The electors in unorganized counties are entitled to vote for county officers for the counties to which they are attached. Organization of counties. SEC. 16. Any such unorganized county may be organized by a petition of one hundred of its legal voters to the Governor, who shall issue his proclamation calling an election on a specified day, and appoint a judge, as is provided for in an act entitled, "An Act fixing the time of holding County Courts," approved December 6th, 1859. CHAPTER V. PROSECUTING ATTORNEY. Duties of prosecuting attorney. SEC. 18. It is the duty of the Prosecuting Attorney to appear for the State and county respectively, in all matters in which the State or county may be a party, or interested, in the district or county courts in his county, before any Judge on a writ of habeas corpus, sued out by a person charged or convicted of a public offence, the prosecution being in his county; and in the supreme court, in any of the above proceedings taken thither from his county; and in like manner to appear for the State, Territory or County in any proceeding brought to his county from another by change of venue; and he is authorized, when he deems it advisable, to appear before the Justices of the Peace in the initiatory proceedings in criminal cases. When proceeding is sent to another county. SEC. 19. But when any such proceeding is sent to another county, by change of venue, the attorney for the county in which it originated, may follow it to the other county, and attend to it there in connection with the attorney of that county. Court to appoint prosecuting attorney in certain cases. SEC. 20. In the absence of the prosecuting attorney, and in his inability to act in any proceeding, the court before which it is pending may appoint a person to supply his place; and the county Judge may make such appointments in writing, when, in his opinion, the interests of the County or Territory may require it; and such appointment may be made at any time. Prosecuting attorney constitutional adviser of officers. SEC. 21. It is also the duty of the prosecuting attorney to give legal advice to the Territory and county officers in matters pertaining to his own county. Other counsel to be employed. SEC. 22. The county judge may employ other counsel with the prosecuting attorney, when he deems it advisable. Salary and fees of prosecuting attorney. SEC. 23. A prosecuting attorney shall be elected in each county, and shall, in addition to the fees already allowed him by law, be allowed an annual salary of one hundred dollars, payable out of the county treasury quarterly, upon the order of the county court. Duties of sheriff. CHAPTER VI. SHERIFF. SEC. 24. It is the office of the Sheriff and his deputies to serve or otherwise execute, according to law, and return, all writs and other legal process issued by lawful authority, and to him or them directed or committed, and to perform such other duties as may be required of him by law. Disobedience to command of process. SEC. 25. His disobedience of the command of any such process, is a contempt of the court from which it issued, and may be punished by the same accordingly, and he is further, liable to the action of any person injured thereby. Sheriff to have charge of jail. SEC. 26. He has the charge and custody of the jail or other prison of his county, and of the prisoners in the same, and is bound to keep those lawfully committed, and to keep them himself, or by his deputy or jailor, until discharged by law. Sheriff conservator of peace. SEC. 27. The sheriff and his deputies are conservators of the peace; and to keep the same, or to prevent crime, or to arrest any person liable thereto, or to execute process of law, may call any person to their aid, and when necessary, the sheriff may summon the power of the county. |