recommendations be made at least ninety days before the term of a member of that class expires; otherwise the Governor may appoint without such recommendation. Every vacancy caused otherwise than by the expiration of a term shall be filled in the same manner and from the class to which the retiring member belonged; provided, that in such case it shall be sufficient to present a list of candidates by such dental society within thirty days after such vacancy occurs. The recommendations for membership on the board of dental examiners shall be made only at the regular annual meeting of the South Dakota Dental Society, and such society shall recommend not less than three candidates for each position to be filled.

Section 2. That Section 7748 of the South Dakota Revised Code of 1919 be and the same is hereby amended as follows:

Section 7748. Officers, Meetings, Compensation, Report.] Out of the funds received by the board each member may be paid the sum of ten dollars for each day actually engaged in the duties of his office and all legitimate and necessary expenses incurred in attending the meetings of the board. Such expenses shall be paid from the fees received by the board under the provisions of this chapter and no part of the salary or other expenses of the board except the printing of the annual report shall be paid out of the State Treasury. All money remaining after the payment of such per diem allowance and other legitimate and necessary expenses, as above provided for, shall be held by the secretary as a special fund for defraying the expenses of the board in carrying out the provisions of this chapter. The secretary shall give a bond in such a sum and with such conditions as the board may from time to time direct. The board shall make an annual report to the Governor as provided in Sections 6922 and 7067, which report shall contain an account of all money received and disbursed by the board and shall be limited to thirty pages.

Section 3. That Section 7751 of the South Dakota Revised Code of 1919 be and the same is hereby amended as follows:

Section 7751. Examination, License, Revocation.] A person not already a registered dentist in this State, desiring to practice dentistry therein, shall apply to the secretary of the board for examination and pay a fee of twenty-five dollars, which in no case shall be refunded. At the next regular meeting he shall present himself for examination and produce his diploma from some dental college of good standing, of which standing the board shall be the judges. The board shall give the applicant an examination and thoroughly test his fitness for the practice and include therein the subjects of anatomy, physiology, chemistry, materia medica, therapeutics, metallurgy, histology, pathology and operative, surgical and mechanical dentistry; and the applicant shall be required to demonstrate his skill in operative and mechanical dentistry. If the applicant successfully passes the examination, he shall be registered by the board as a licensed dentist, and supplied with a certificate of registration signed by all members of the board.

The State Board of Dental Examiners shall have power to revoke any certificate of registration or license granted by it, if it shall satisfactorily appear to the Board that such person has been guilty of unprofessional, immoral or dishonorable conduct, or has been convicted of a felony or if such person publicly professes or claims to cure or treat disease, injury or deformity, or correct or supply lost teeth or dental organs in such manner as to deceive the public, or shall be grossly incompetent. For the purposes of this Act unprofessional or dishonorable conduct shall be construed to include:

1. Employing or using what is known as cappers or steerers. 2. Obtaining any fee on the assurance that a manifestly incurable disease can be permanently cured.

3. Wilfully betraying a professional secret.

4. All advertising of dental business in which untruthful statements are made or which are calculated to mislead or deceive the public. 5. Conviction of any offense involving moral turpitude.

6. Habitual intemperance.

7. Advertising to practice, offering to practice, or holding himself out as practicing dentistry or dental surgery under a ficticious corporate or trade name, unless the name of such practicioner shall appear as a part of such advertisement and in at least nonpareil type.

The State Board of Dental Examiners shall have power to revoke the certificate of registration or license heretofore or hereafter granted to any person found guilty of a violation of any of the provisions of this Chapter. Provided, however, that no Certificate of Registration or license shall be revoked except after a hearing before the Board upon notice of not less than twenty days with a copy of the accusations or charges having been duly served upon the accused prior to such hearing and then only on due proof of the facts alleged in the complaint.

Any Court of competent jurisdiction upon petition of any person aggrieved may review any final order or determination of the Board.

Section 4. The State Board of Dental Examiners may, in its discretion, without examination, issue a license to any applicant holding a license which shall have been issued to the applicant by the examining board of the District of Columbia or any State or Territory of the United States if the regular requirements of such examining Board, at the time of issuing such license or certificate shall be in no degree or particular less than those of this State at the time when such license is presented for registration; providing, however, that this section shall apply only to certificates or licenses or certificates issued by such examining board as accept and register licenses issued by the State Board of Dental Examiners of this State. Each applicant making application under the provisions of this article shall pay such license fee as may be fixed by the Board which shall, in no event, be less than required of regular applicants.

Approved February 28, 1921.

Drainage

CHAPTER 193.

(S. B. 236.)

RELATING TO DRAINAGE.

AN ACT Entitled, An Act to Amend Section 8458 of the Revised Code of South Dakota of 1919, Relating to Drainage.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 8458 of the South Dakota Revised Code of 1919 be and the came is hereby amended to read as follows:

Section 8458. Power of County Commissioners.] The Board of

County Commissioners at any regular or special session may establish and cause to be constructed levees, dikes, barriers, retards, drains and ditches; may provide for the straightening, enlargement or revetment, and maintenance of any existing water course, ditch, drain or levee, natural or such as may have been previously constructed, whenever such ditch, water course, drain, dike, barriers, retards or levee shall be conducive to the public health, convenience or welfare, or whenever such work shall be for the purpose of draining agricultural lands or preventing the overflow and washing away of, and damage to and destruction of agricultural lands or public highways. The term drainage wherever used in Sections 8458 to 8494 inclusive of the South Dakota Revised Code of 1919 or amendments of same shall be held and construed to include all of the works herein enumerated and the term ditch or drain shall be held and construed wherever used in said article to include ditch, drain or water course, and levee, embankment or revetment work for protecting same.

Approved March 12, 1921.

CHAPTER 194.

(H. B. 320.)

RELATING TO DRAINAGE.

AN ACT Entitled, An Act to Amend Sections 8460, 8461, 8462, 8463, 8465, 8470, 8476 and 8486 of the Revised Code of the State of South Dakota of 1919, Relating to Drainage.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 8460 of the Revised Code of the State of South Dakota for 1919 be amended to read as follows:

Section 8460. Inspection of Proposed Route.] It shall be the duty of such board to act promptly upon all drainage petitions. Upon filing such petition the County Auditor shall transmit a copy thereof to the State Engineer, who, together with the board of County Commissioners, shall as soon as practicable inspect the proposed route, and if in the opinion of such board and the State Engineer it is necessary, the board shall cause a survey of the proposed drainage to be made by such competent engineer as such board may select, but such survey shall be under the general supervision of, and made by an engineer approved by the State Engineer. Such survey shall be for the purpose of determining, and the report thereof shall show the starting point, the route, the terminus or termini of the proposed ditch or ditches, drain or drains or other improvements, and the course and length of the drain or drains through each tract of land, together with the number of acres appropriated from said tract for construction of such improvements, and the elevation of all lakes, ponds and deep depressions in said district, and the boundary of the proposed district so as to include therein all lands that will be benefited by the proposed improvements, together with the approximate location of natural subdivides within the district, and the description of each tract of land therein and names of the owners thereof as shown by the tax records in the office of the County Treasurer, together with the probable cost, and such other facts and recommendations as the engineer may deem material, or as many of said facts or others

as are required by the State Engineer to determine the practicability of said drainage. Such survey may extend to other lands than those affected by the proposed drainage for the purpose of determining the best practical method of draining the entire section of country of which the lands proposed to be drained, or a portion of them, are a part. For the purpose of inspection or surveys the County Commissioners, engineers or their employees may enter upon any lands traversed by the proposed drainage or in their judgment likely to be affected thereby. The County Auditor shall promptly furnish the State Engineer with a copy of the engineer's report mentioned and of all maps and plans filed by such engineer and also a copy of such further files as the State Engineer may ask for, and no drainage district shall be established, plans and specifications for work adopted, or amended and adopted; or contracts for construction let; or contracts for maintenance or repairs costing over $1,000.00 let without the approval of the State Engineer who shall in all matters pertaining to the establishment and construction of such drainage have supervision of same. It shall be the duty of the State Engineer to render such assistance and advice to the board of County Commissioners in regard to such drainage as the duties of his office will permit and he shall be reimbursed by such board for his expenses incident thereto; provided, that in case of minor ditches the State Engineer shall not be required to attend with the board of county commissioners at the first inspection nor to perform subsequent services if in his judgment it shall not be necessary for him to do so.

Section 2. That Section 8461 of the Revised Code of the State of South Dakota of 1919 be amended to read as follows:

Section 8461. Engineer's Report-Notice of Hearing.] The engineer shall report in writing to the board of county commissioners, and his report shall be filed with the petition. Upon receipt of the engineer's report by the county auditor, he shall then fix a time and place for the hearing of the petition and shall give notice thereof by publication at least once each week for two consecutive weeks in a legal newspaper of the county, to be designated by the county auditor and by posting copies of such notice in at least three public places near the route of the proposed drainage. Such notice shall describe the tract of country likely to be affected thereby in general terms, the separate tract of lands through which the proposed drainage will pass and give the names of the owners thereof as appears from the tax records of the office of the county treasurer. Provided that when there is included within the proposed district a portion of any municipality it shall be sufficient that the notice set forth the boundary of the territory within such municipality proposed to be included within the proposed district without the naming of the individual lots, part of lots or parcels of land, or the names of the owners thereof, and shall refer to the files in the proceeding for further particulars. Such notice shall summon all persons affected by the proposed drainage to appear at such hearing and show cause why the proposed drainage should not be established and constructed, and shall summon all persons deeming themselves damaged by the proposed drainage or claiming compensation for the lands proposed to be taken for the drainage to present their claims therefor at such hearing.

Section 3. That Section 8462 of the Revised Code of the State of South Dakota for 1919 be amended to read as follows:

Section 8462. Hearing Petition.] At such hearing any person interested may appear in support of or in opposition to the statements of the petition and matters set forth in the engineer's report and the estab

Laws-19.

lishment of said drain. After such hearing, the drainage may be established as set forth in the engineer's report if same has been approved by the State Engineer, or the board may establish the drainage in accordance with an amendment of the engineer's report subjcct to the approval of the State Engineer. If the board deems it best to vary the route, or to materially change the initial or terminal points of such proposed drainage so that it will pass through other lands than those described in the notice of hearing or to increase the width of lands to be taken for the proposed drainage, the board shall adjourn the hearing and give the owners of such lands notice as in case of the original hearing. If the proposed drainage does not give sufficient fall to drain the lands sought to be drained or will not properly dispose of the water, the same shall be extended so as to secure the drainage or properly dispose of the water, hearing in such case shall be adjourned and notice given to all parties affected as in case of the original hearing. When the board of county commissioners shall have fully heard and considered such petition and all matters in opposition to or in support of the same, it shall, if it finds the proposed drainage not conducive to the public health, convenience of welfare, or not needed or practicable for the purpose of draining agricultural lands, deny such petition, the petitioners to be jointly and severally liable for the costs of the proceeding and same to be recovered in a civil action to be instituted and prosecuted in the name of and by the county on behalf of all persons having claims for costs of such proceeding. If it finds the drainage proposed or any variation thereof conducive to the public health, convenience or welfare, or necessary or practicable for draining agricultural lands, and if the plans for the drainage of the district have been approved by the State Engineer, it shall be the duty of the board of county commissioners to establish the drainage and shall assess the damage sustained by each tract of land or other property which may be damaged by the construction or maintenance of said drain, except that damages to growing crops during the construction may be determined later and shall be considered as a part of the cost of construction. Any person interested may be heard in the matter of damages or compensation for land and the determination of the board of county commissioners shall be final unless an appeal therefrom, as provided in this Article, shall be taken, failure to prosecute such appeal or to appear and contest an award of damages by the board shall be deemed conclusively a waiver of any such damages or compensation for land taken or of any claimant's right to have the same assessed by a jury. When damages are awarded to any person, persons or corporation, the board of commissioners shall order the same paid with drainage warrants or certificates. Such warrants or certificates shall be issued and delivered before the actual taking possession of the land for which the damages are awarded. Such drain shall be given a name and the proceedings thereafter shall be recorded and indexed in a book kept for that purpose in the Auditor's office.

Section 4. That Section 8463 of the Revised Code of the State of South Dakota for 1919, be amended to read as follows:

Section 8463. Equalization of Benefits.] After the establishment of the drainage and the fixing of the damages, if any, the board of county commissioners shall fix the proportion of benefits of the proposed drainage among the lands affected, and shall appoint a time and place for equalizing the same. Notice of such equalizing of proportion of benefits shall be given by publication at least once a week for two consecutive weeks in a legal newspaper of the county, to be designated by the board, and by posting copies of such notice in at least three public