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others, who have served with the armed forces of the United States, or who have engaged in war relief work in the World's War, or other wars of the United States, including former American citizens, who served in allied armies against the Central Powers in the World's War and who have been honorably discharged and repatriated; such compensation not to exceed the sum of fifteen dollars per month for the period of such service. For this purpose the Legislature may use the credit of the State, and any indebtedness created for this purpose shall not be a part of the indebtedness authorized or limited by other provisions of the Constitution; provided, that the amount of all indebtedness created by the State for the purposes specified in this Section shall not exceed six million dollars.

Corporations

CHAPTER 37.

(H. B. 54)

RELATING TO CO-OPERATIVE ASSOCIATIONS.

AN ACT Entitled, An Act to Amend Section 8849 of the Revised Code of 1919 as Amended by Section 1 of Chapter 140 of the Laws of 1919, Relating to Cooperative Associations.

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

Section 1. That Section 8849 of the Revised Code of 1919 as amended by Section 1, of Chapter 140 of the Laws of 1919 is hereby amended to read as follows:

Section 8849. Division of Profits. The directors, subject to a revision by the association at any regular or special meeting, shall apportion the net earnings as follows:

1st. By paying interest on the paidup capital stock not exceeding ten per cent per annum.

2nd. Then by setting aside ten per cent of the net profits per annum for a reserve fund, until an amount has accumulated in said reserve fund equal to the paidup capital stock.

3rd. Then by setting aside an amount not less than one per cent nor more than five per cent of the net profits as an educational fund to be used in teaching co-operation.

4th. The balance of such net earnings may be apportioned among the stockholders or stockholders and patrons as provided in the by-laws of the association in proportion to the amount of business transacted between the association and its stockholders; or stockholders and patrons.

In productive associations such as creameries, canneries, elevators, factories and such other associations of this class dividends shall be upon raw material furnished instead of goods purchased. But in case the association is both a productive and selling concern the distributed dividend may be on both raw material delivered and goods purchased. Approved June 30, 1920.

Counties

CHAPTER 38.

(S. B. 35)

RELATING TO COUNTY CONSTABLES AND JUSTICES OF THE PEACE.

AN ACT Entitled, An Act to Amend Sections 5217 and 6026 of the South Dakota Revised Code of 1919, Relating to County Justices of the Peace and County Constables and providing for the Election Thereof, and Declaring an Emergency.

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

Section 1. That Section 5217 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 5217. Election of County Justices. Except as otherwise provided, there shall be elected in each organized county in the State, four Justices of the Peace, who shall possess the qualifications of electors and who shall be chosen at the general election and shall hold office for a term of two years, and until their successors are elected and qualified. The Board of County Commissioners of each organized county having territory therein which is not organized into civil townships shall divide such territory into such number of districts, not exceeding eight, as it shall deem advisable, from each of which districts there shall be elected, by the electors thereof, at each general election, on Justice of the Peace, who shall serve for the term of two years.

Section 2. That Section 6026 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 6026. Election. Except as otherwise provided, there shall be elected in each organized county in the State, four constables, who shall possess the qualifications of electors and who shall be chosen at the general election and shall hold office for a term of two years, and until their successors are elected and qualified, and who shall qualify in the same manner as provided in Section 6071 for township Constables. The Board of County Commissioners of each organized county having territory therein which is not organized into civil townships shall divide such territory into such number of districts, not exceeding eight, as it shall deem advisable, from each of which districts there shall be elected, by the electors thereof, at each general election, one Constable, who shall serve for a term of two years.

Section 3. Whereas, this Act is necessary for the immediate support of the State Government and its existing institutions, an emergency is hereby declared to exist and this Act shall be in force and effect from and after its passage and approval.

NOTE BY THE SECRETARY OF STATE: The foregoing Act, having been presented to the Governor of this State for his approval, and not having been returned by him to the House of the Legislature in which it originated, or to the Secretary of State with his objections, within the time prescribed by the Constitution, has become a law without his approval.

C. A. BURKHART,

Secretary of State.

CHAPTER 39.

(H. B. 60)

AUTHORIZING TRANSFER OF FUNDS, FALL RIVER COUNTY.

AN ACT Entitled, An Act Authorizing the Board of County Commissioners of Fall River County to Transfer Funds from the County General Fund to the Road and Bridge Funds for the Purpose of Repairing Damages to Roads and Bridges Caused by Recent Floods in Fall River County, and Declaring an Emergency.

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

Section 1. Whereas, recent floods have caused heavy damages to the roads and to several of the bridges upon the highways in Fall River County, rendering such roads impassable, and there is not sufficient money remaining in the bridge and road fund of said county to repair such damage; and whereas, it appears that there is more money in the general fund of said county than is or will be needed for general county purposes during the current fiscal year; therefore the County Auditor and the County Treasurer of said Fall River County, acting under the authority and direction of the Board of County Commissioners, are hereby authorized and directed to transfer from the county general fund to the road and bridge funds of said county such amounts of money as may in the judgment of the Board of County Commissioners be required to repair the damaged roads and bridges of said county; provided, however, that there shall remain in the county general fund an amount sufficient for general county purposes for the current year. Section 2. Whereas, this Act is necessary for the immediate preservation of the public safety and for the support of the State Government and its existing public institutions, an emergency is hereby declared to exist and this Act shall be in full force and effect from and after its passage and approval.

Approved July 3, 1920.

CHAPTER 40.

(H. B. 42)

AUTHORIZING COUNTIES TO ACQUIRE AND MAINTAIN PUBLIC PARKS.

AN ACT Entitled, An Act Authorizing and Empowering the Several Counties to Acquire by Gift, Purchase or Condemnation, Property to Be Used as Public Parks, to Improve and Maintain the Same and Providing the Method of Acquiring the Same and Payment of the Cost and Expenses and Maintenance Out of Public Funds.

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

Section 1. The acquiring, improving and maintaining of public parks by counties is hereby declared to be a public purpose, and the Commissioners of the several counties are authorized and empowered to acquire for such purpose by gift, purchase or condemnation suitable property within their respective counties as hereinafter provided.

Section 2. When three hundred or more electors of any county

shall file with the County Auditor thereof a petition, setting forth that certain real property, therein described, within the county is desirable principally for its scenic or historical value, and that it would be to the benefit of the public that the same be acquired for a public park, the Auditor shall file the same and shall fix a day for hearing said petition by the County Commissioners, not less than twenty nor more than forty days from the filing thereof. Notice of such hearing shall be given under the hand of the County Auditor by publication in a legal newspaper published in such county at least once a week for three successive weeks prior to said hearing, such notice shall specify the time and place of such hearing and shall identify the property affected. If such property cannot be described as a Government subdivision, it shall be sufficient that the same be described in the petition and in the notice in general terms with reasonable certainty.

Section 3. Upon the date set for the hearing, the Commissioners shall hear all parties in favor of and against the granting of said petition and may, if they so desire, adjourn to inspect the premises in question. If they shall be satisfied that it will be to the best interests of the public that such property, or any part thereof, shall be acquired as a public park, they shall cause an accurate survey thereof to be made by the County Surveyor and a plat to be filed in the office of the Register of Deeds and shall proceed to acquire the property as hereinafter provided.

Section 4. If an agreement can be reached between the County and the owner of the property for a reasonable price for said property the County Commissioners shall pass a resolution for the purchase of the same. Such resolution shall contain a general description of said property including the acreage and the price for which the same is to be purchased, and shall be published in a legal newspaper published within the county at least once a week for two successive weeks.

Section 5. Such resolution shall not take effect and the purchase thereof shall not be consummated until twenty days after the first publication thereof, during which time any tax payers of the county may appeal to the Circuit Court of said county in the same manner as provided for taking an appeal from other acts of the County Commissioners, upon which appeal the Court shall make findings as to the desirability of the purchase and the reasonableness of the price.

Section 6. The Board of County Commissioners of any county shall have authority to acquire and condemn private property within the county for the uses and purposes authorized by this Act whenever and to the extent the same shall be deemed necessary for such purposes, and to pay for such property acquired and all property damaged out of any money in the county general fund within the limitations hereinafter fixed.

Section 7. In case the Board of Commissioners and the owners of the property sought to be acquired shall not agree upon the purchase price, and when such board shall deem it necessary to take, damage or condemn any private property for any of the purposes mentioned in this Act, it shall by proper resolution declare the necessity of such taking and damaging or condemnation, stating the purpose and extent thereof, and shall communicate such resolution to the States Attorney of the county and thereupon the proceedings to take, damage or condemn such property shall be had as provided in Chapter 8, Part 9, Title 2 of the South Dakota Revised Code, 1919, in the name of the county as plaintiff.

Section 8. Nothing in this Act shall be construed as authorizing or empowering the County Commissioners to expend under the provisions. thereof a total amount exceeding one-third of one mill on the assessed

valuation of the property in the county and if upon condemnation proceedings, a judgment shall be entered in favor of the owner of the property for a sum which will cause said limitation to be exceeded or which the Commissioners shall deem excessive the costs of the proceeding, including a reasonable attorney fee for the owner, to be fixed by the Court, shall be taxed to and paid by the county and the proceeding shall be abated and the judgment canceled.

Section 9. In case of the purchase or acquisition by condemnation of the property, the Commissioners shall require the County Auditor upon the furnishing of a proper deed, together with an abstract of title to the premises and the approval thereof by the States Attorney to issue a warrant on the general fund for the amount of the purchase price of said property or the amount of the judgment in condemnation proceedings.

Section 10. The County Commissioners shall have charge of the improvement and maintenance of such public parks, the expenses thereof to be paid on their order by warrants upon the general fund.

Section 11. In case said property shall be offered to the county as a gift for such purpose, the Commissioners are authorized, if they deem it advisable, to accept such gift by resolution passed at a regular meeting or special meeting called for that purpose. In such case no notice of such meeting or resolution accepting such gift need be published. Approved June 30, 1920.

CHAPTER 41.

(H. B. 40)

PERMITTING COUNTIES TO AID SOLDIERS' AND SAILORS' MEMORIAL.

AN ACT Entitled, An Act Permitting the Appropriation of Money by Counties to Aid in the Erection of the State Soldiers' and Sailors' Memorial.

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

Section 1. It shall be lawful for the Board of County Commissioners of any county in this State in its discretion to appropriate any sum of money not exceeding one-tenth of one mill upon each dollar of the assessed valuation of such county to aid in the construction of the State Soldiers' and Sailors' Memorial provided for by Chapter 323 of the Laws of 1919.

Section 2. County warrants for the sums so appropriated shall be issued in the manner provided by law for the issue of county warrants, and shall be transmitted by the County Auditors of the respective counties to the Governor.

Approved July 3, 1920.

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