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dollars a year and the assistant accountants shall receive a salary of twenty-four hundred dollars a year to be paid monthly.

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The Executive Accountant and his assistants shall receive their actual and necessary expenses incurred in the discharge of their duties, to be paid upon vouchers as other state officers.

For each examination made by the executive accountant or his assistant as authorized by law, the county, city, town, township or school district shall pay the sum of ten dollars per day and expenses for each and every day necessarily engaged in making the examination. In all cases where the assistant accountant is subpoenaed as a witness for the county or other taxing district in the prosecution of officers of the county or other taxing district reported on by him, the county or other taxing district shall pay all witness fees and all expenses of serving subpoenas and attachments for witnesses and all expenses of procuring testimony including the necessary expenses of such

accountant.

All claims against the counties or taxing districts shall be prepared and certified to by the State Auditor and Executive Accountant and a warrant shall be issued in favor of the State Treasurer in payment thereof at the first regular or special meeting of the county Board as Board of the Taxing District after the examination is completed. Provided, that upon the neglect or refusal of a county board or board of taxing district to issue a warrant in payment of the expenses incurred in making an examination as provided by this article at its first regular or special meeting after the examination is completed, interest at seven per cent per annum shall be added for the time the same remains unpaid after the date of such meeting.

Section 3. The Executive Accountant shall have a seal of office containing the words "Executive Accountant of South Dakota" in the form of a circle, and the word "SEAL" within the circle.

Copies of all records and reports in the office of the Executive Accountant certified to by him and authenticated by the seal shall be received in evidence in all courts and with like effect as the originals. Approved March 14, 1921.

Extradition

CHAPTER 232.

(S. B. 80)

ADOPTING UNIFORM ACT FOR EXTRADITION OF PERSONS OF UNSOUND MIND.

AN ACT Entitled, An Act to Provide for the Extradition of Persons of Unsound Mind, and to Make Uniform the Laws of the States Which Enact the Same.

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

Section 1. Name of the Act.] This act may be cited as the Uniform Act for the Extradition of Persons of Unsound Mind.

Section 2. Definition of Terms.] The terms "flight" and "fled" as used in this act, shall be construed to mean any voluntary or involuntary departure from the jurisdiction of the Court where the proceedings hereinafter mentioned may have been instituted and are still pend

ing, with the effect of avoiding, impeding or delaying the action of the court in which such proceedings may have been instituted or be pending or any such departure from the state where the person demanded then was, if he then was under detention by law as a person of unsound mind and subject to detention. The word "state" wherever used in this act shall include states, territories, districts and insular and other possessions of the United States. As applied to a request to return any person within the purview of this act to or from the District of Columbia, the words "executive authority," "Governor" and "Chief Magistrate" respectively shall include a justice of the Supreme Court of the District of Columbia and other authority.

Section 3. Persons Subject to the Act.] A person alleged to be of unsound mind found in this state, who has fled from another state, in which at the time of his flight:

(a) he was under detention by law in a hospital, asylum, or other institution for the insane as a person of unsound mind; or

(b) he had been theretofore determined by legal proceedings to be of unsound mind, the finding being unreversed and in full force and effect, and the control of his person having been acquired by a court of competent jurisdiction of the state from which he fled; or

(c) he was subject to detention in such state, being then his legal domicile (personal service of process having been made), based on legal proceedings there pending to have him declared of unsound mind:

shall, on demand of the executive authority of the state from which he fled, be delivered up to be removed thereto.

Section 4. Procedure.] Whenever the executive authority of any state demands of the executive authority of this state, any fugitive within the purview of Section 3 and produces a copy of the commitment, decree or other judicial process and proceedings, certified as authentic by the Governor or Chief Magistrate of the state whence the person so charged has fled, with an affidavit made before a proper officer showing the person to be such a fugitive, it shall be the duty of the executive authority of this state to cause him to be apprehended and secured, if found in this state, and to cause immediate notice of the apprehension to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within thirty days from the time of the apprehension, the fugitive may be discharged. All costs and expenses incurred in the apprehending, securing, maintaining and transmitting such fugitive to the state making such demand, shall be paid by such state. Any agent so appointed who receives the fugitive into his custody shall be empowered to transmit him to the state from which he has fled. The executive authority of this state is hereby vested with the power, on the application of any person interested, to demand the return to this state of any fugitive within the purview of this act.

Section 5. Limitation.] Any proceedings under this act shall be begun within one year after the flight referred to in this act.

Section 6. Interpretation.] This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Section 7. Repeal.] All acts or parts of acts inconsistent with this act are hereby repealed.

Approved February 9, 1921.

False Personation and Cheats

CHAPTER 233.

(S. B. 40)

RELATING TO ARMY BADGES.

AN ACT Entitled, An Act to Amend Section 4248 of the South Dakota Revised Code of 1919, Relating to Unlawful Wearing of Army Badges, and Providing a Penalty Therefor.

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

Section 1. That Section 4248 of the South Dakota Revised Code of 1919, be and the same is hereby amended to read as follows:

Section 4248. Unlawful Wearing of Army Badges.] It shall be unlawful for any person to year the badge of the Grand Army of the Republic, Spanish American War Veterans, the American Legion, or of any other organization composed of members, or former members, of the military or naval forces of the United States, unless such person is entitled to the same by being a member of such organization. Every person convicted of violating the provisions of this section shall be punished by a fine not exceeding one hundred dollars ($100.00) for each and every offense. Approved February 9, 1921.

CHAPTER 234.

(S. B. 243)

RELATING TO FRATERNAL SOCIETY EMBLEMS.

AN ACT Entitled, An Act Prohibiting the Wearing or Using With Fraudulent Intent of the Badges or Other Emblems of Secret Fraternal Associations by Non-members Thereof; and Providing Penalties for its Violation,

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

Section 1. It shall be unlawful for any person not a member in good standing of a fraternal secret association, society, order or organization to wear or use, or to aid, promote or instigate the wearing or using of any emblem, badge, button, device or insignia of such secret fraternal association, society, order or organization, with intent to defraud or deceive others.

Section 2. Any persons violating the provisions of this act shall be deemed guilty of a misdemeanor.

Approved March 12, 1921.

Feeble Minded

CHAPTER 235.

(H. B. 202)

RELATING TO THE SEGREGATION OF FEEBLE MINDED.

AN ACT Entitled, An Act to Provide for the Segregation and Maintenance of Feeble Minded Persons in South Dakota, and Appropriating Money Therefor.

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

Section 1. The state commission for the control of the feeble minded is hereby created. It shall consist of the Superintendent of the State School and Home for Feeble Minded, and one physician, one psychologist, one sociologist and one lawyer to be appointed by the governor. The appointive members shall serve for terms of four years, and shall, except the secretary, receive for their services the sum of Five dollars for each day actually and necessarily devoted to the performance of their duties and their actual, necessary expenses. The said Superintendent of the State School and Home for Feeble Minded shall be chairman of the board and the physocologist appointed by the Governor shall be the secretary, and shall receive an annual salary of Twenty Four Hundred Dollars and shall reside at said State School and Home for Feeble Minded. The chief office of said commission shall be at the said State School and Home for Feeble Minded.

Section 2. It is the purpose of this act to provide that all feeble minded persons resident within this state shall become the wards. of the state and shall be kept segregated to the end that they shall not reproduce their kind.

Section 3. Said commission shall have the power to make all necessary rules and regulations pertaining to the segregation, care and control of feeble minded persons, not in conflict with the laws of this

state.

Section 4. The county board of insanity in each county shall constitute the county commission under this act and all laws now in force relating to the apprehension, examination, committment, transportation and custody of the insane are hereby extended to the apprehension, examination, committment to the State School and Home for Feeble Minded, transportation of such feeble minded persons and their care and control, provided, that no person shall be committed to the State School and Home for Feeble Minded against his wishes or the wishes of his or her parents or guardian, if there be any such within the State, unless said County Commission shall find that such person is capable of procreation and likely to procreat unless so committed, or shall find that such person is a menace and detriment to the community. Nothing herein, however, shall prevent parents and guardians from voluntarily placing their feeble minded children or wards in the said State School and Home for Feeble Minded.

Section 5. The said state commission shall make a survey of all state institutions and of the state generally to ascertain the persons whom they believe to be feeble-minded in order that said state commis

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sion may make necessary complaints to the county commission. teachers shall report all feeble-minded children coming to their attention to the state board.

Section 6. There is hereby appropriated, out of any money in the treasury not otherwise appropriated the sum of Eight Thousand Dollars to defray the expense of carrying out the purposes of this act, for the biennium ending June 30, 1923, which money shall be paid upon vouchers approved by the state board of charities and corrections. Approved March 3, 1921.

Fences

CHAPTER 236.

(H. B. 109.)

DEFINING A LEGAL FENCE.

AN ACT Entitled, An Act to Amend Section 10537 of the South Dakota Revised Code of 1919, Relating to Legal Fence.

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

Section 1. That Section 10537 of the South Dakota Revised Code of 1919 is amended to read as follows:

Section 10537. Legal Fence.] A legal fence shall be:

1. Any fence upon which the owners of such adjoining lands may agree.

2. When such owners do not agree upon a different sort of fence, a legal partition fence shall consist of sound posts at least six and onehalf feet long and four inches in diameter, or standard steel posts, and firmly set at least two feet in the earth and not over twenty feet apart. Such posts shall be firmly braced at ends, corners, and gateways or openings, to prevent sagging, and upon them shall be firmly stretched and securely attached to each a woven wire fence thirty-two inches high, the bottom of which shall be firmly stretched even with the ground, which woven wire fence shall be of eight bars, with six inch stays, and wire to be not smaller than No. 10 or No. 13 wire; above such woven wire fence shall be firmly stretched and securely attached to each post at least two strands of ordinary commercial barbed fencing wire, the lower strand to be four inches from the top of such woven wire fence and the upper strand to be sixteen inches from the top of such woven wire fence.

Approved March 1, 1921.

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