County Commissioners

CHAPTER 42.

(H. B. 47)

RELATING TO COUNTY BUILDINGS.

AN ACT Entitled, An Act to Amend Section 5883 of the South Dakota Revised Code of 1919, and Declaring an Emergency.

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

Section 1. Section 5883 of the South Dakota Revised Code of 1919 is hereby amended to read as follows:

Section 5883. Board has power to erect buildings from current revenue; provisions for erection.

Such Board shall have authority to provide for the erection and repairing of court houses, jails, memorial buildings, which may contain an auditorium, and other necessary buildings, within and for the county, and to make contracts on behalf of the county for the building and repairing of the same; but no expenditure for the purpose herein named, greater than can be paid for out of the annual revenue of the county for the current year, together with the amount of any sinking fund theretofore provided for that purpose, shall be made unless the question of such expenditure shall have first been submitted to a vote of the qualified electors of such county and shall have been approved by a majority of the votes so cast; and the Board shall determine the amount and rate of taxes to be submitted to a vote for such purpose. Provided, that whenever the question of bonding the county for the purpose of building a court house, jail, memorial building or other county buildings shall have been submitted to a vote of the electors and such bond issue shall have been carried by a vote of the electors, then in addition to the proceeds raised from the sale of such bonds the Board may, whenever there remains in the treasury of such county an unexpended balance of any special fund and all claims against such fund have been fully paid or when there remains an unexpended balance of the general fund and all claims against such fund have been fully paid, in its discretion, apply the whole or any part of such accumulated funds to the purposes specified in this Section and it shall not be necessary to submit the question of such expenditure to the voters of the county.

Section 2. Whereas, this Act is necessary for the immediate 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.

Courts

CHAPTER 43.

(H. B. 12.)

RELATING TO FEES OF SHORTHAND REPORTERS.

AN ACT Entitled, An Act to Amend Sections 5188 and 5189 and 5190 and 5191 of the South Dakota Revised Code of 1919, Relating to Fees of Shorthand Reporters, and Declaring an Emergency.

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

Section 1. Section 5188 of the South Dakota Revised Code of 1919 be, and the same is hereby amended to read as follows:

Section 5188. Shorthand reporters shall be paid ten dollars per day for each day's attendance upon court, under the direction of the judge, out of the county treasury where such court is held, upon the certificate of the judge holding court.

Where a shorthand reporter is required, in the discharge of his official duties, to leave the county of his residence or leave the city or town of his residence to perform such duties, he shall be paid his actual and necessary hotel and living expenses, and transportation expenses as shall be incurred, which account shall be itemized and approved by the Presiding Judge of the Circuit Court, and certified to the County Auditor of the county in which such expenses are incurred, and shall be paid in the same manner as per diem of such reporter is paid.

Section 2. That Section 5189 of the South Dakota Revised Code of 1919 be, and the same is hereby amended to read as follows:

Section 5189. Transcripts in Criminal Cases ordered by the Judge.] The Judge may, upon the application of either party in a criminal case, direct such reporter to make out and file with the Clerk of Courts a certified transcript of his shorthand notes in longhand where the same is needed in such case, and he shall receive compensation therefor at the rate of 15 cents per folio, to be paid as provided for in the preceding section.

Section 3. That Section 5190 of the South Dakota Revised Code of 1919 be, and the same is hereby amended to read as follows:

Section 5190. Transcripts in Civil and Criminal Cases Requested by Party. Such reporters shall, on request of either party, in a civil or criminal case, make out and certify such transcript and deliver the same to the party ordering it, on payment of his fees at the rate of 15 cents per folio, and such transcripts when certified by the reporter to be a correct transcript of his notes of the evidence, proceedings and rulings shall be prima facie evidence of the testimony given and of the rulings and decisions of the Court and of the proceedings had upon the trial; for each carbon copy of such transcript the reporter shall, when such copy is requested, receive seven and one-half cents per page.

Section 4. That Section 5191 is hereby repealed.

Section 5. 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 full force and effect immediately after its passage and approval.

Approved June 26, 1920.

CHAPTER 44.

(H. B. 9.)

TERMS OF COURT, FOURTH CIRCUIT.

AN ACT Entitled, An Act Providing for Terms of Court in the Fourth Judicial Circuit, and Repealing Chapter 161 of the Laws of 1919, and Declaring an Emergency.

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

Section 1. That regular terms of the Circuit Court be held in the respective counties composing the Fourth Judicial Circuit as follows: Aurora County: Second Tuesday in March and first Tuesday in October.

Brule County: Third Tuesday in June and second Tuesday in December.

Buffalo County: First Tuesday in June.

Davison County: Third Tuesday in January, first Tuesday in April and fourth Tuesday in August.

June.

Hanson County: First Tuesday in January and fourth Tuesday in

Jerauld County: First Tuesday in May and second Tuesday in November.

Sanborn County: Third Tuesday in May and fourth Tuesday in November.

Section 2. That Chapter 161 of the Laws of 1919 be and is hereby repealed.

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 full force and effect from and after its passage and approval.

Approved June 30, 1920.

Department of History

CHAPTER 45.

(S. B. 19.)

RELATING TO CONSOLIDATION OF FUNDS.

AN ACT Entitled, An Act Providing for the Consolidation of All Funds Appropriated by Section 45 of Chapter 15 of the Laws of South Dakota for the Year 1919 for Salaries, Maintenance and Other Expenses of the Department of History of the State of South Dakota, and Declaring an Emergency.

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

Section 1. That all funds appropriated by Section 45 of Chapter 15 of the Laws of South Dakota for the year 1919, known as the General Appropriation Bill, for salaries, maintenance and other expenses of the

Department of History of the State of South Dakota for the biennial period ending June 30th, 1921, be and they are hereby consolidated and transferred into one fund, from which fund all salaries, maintenance and other expenses of said Department shall be paid during the reniainder of said biennial period, in the manner provided by said general appropriation law.

Section 2. Whereas, this Act is necessary for the immediate preservation 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 June 29, 1920.

Drainage

CHAPTER 46.

(S. B. 45.)

AMENDING THE DRAINAGE LAW.

AN ACT Entitled, An Act to Amend Sections 8464, 8471, 8472 and 8473 of the South Dakota Revised Code of 1919, Relating to Drainage, and Declaring an Emergency.

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

Section 1. That Sections 8464, 8471, 8472 and 8473 of the South Dakota Revised Code of 1919, be and the same are hereby amended to read as follows:

Section 8464. After the equalization of the proportion of benefits the board may make an assessment against each tract and property affected, in proportion to the benefits as equalized, for the purpose of paying the damages and the cost of establishment thus far incurred or to be incurred. The cost of establishment shall include the costs of the service of the Board of County Commissioners, surveyors and assistants, plans and profiles, publication and filing, and other fees, interest on bonds issued or to be issued and all other expenses incurred or to be incurred that in any way contributed or will contribute to the establishment or construction of the drainage. At the expiration of thirty days after the making of such assessment a copy thereof certified by the County Auditor shall be filed by him with the County Treasurer, but before the same is filed a notice shall be given by the board of the time when the same will be so filed, by publication at least once in each week for two consecutive weeks in a newspaper in the county to be designated by the board and by posting copies of such notice in at least three public places near the route of such drainage. Such notice shall also contain a description of the property assessed, the name of the owner as it appears in such assessment and the amount of each assessment, together with the amount assessed against the county or any city, town, township or railroad company, and shall also give the date when the assessment will become delinquent, together with the amount of penalty which will then accrue and the date from which interest will begin to run.

From the time of filing such certified copy of assessment in the Treasurer's office, the same shall be due and payable and shall be valid and perpetual liens upon the respective tracts so assessed against all persons or governments except the State and the United States and, if not paid within ten days, a penalty of five per cent shall attach thereto and such assessment shall bear interest from the date of the order of the assessment at a rate not to exceed eight per cent per annum payable annually. Such assessment shall be paid to and received by the County Treasurer and paid over to the holders of the assessment certificates or upon the order of the Board of County Commissioners. The Board of County Commissioners may issue separate assessment certificates against each tract assessed for the amount of the assessment thereon, and may sell the same at not less than par value with all accrued interest, or may contract to pay for the construction of such drainage with such assessment certificates or with warrants. Such assessment certificates shall refer to the record in the office of the County Auditor of the order of assessment and of the filing of a copy thereof in the County Treasurer's office, shall transfer to the holder all interest, claim or right in or to such assessment, bear the same rate of interest, carry the lien of such assessment and be enforcible as provided by law. Assessments for drainage or installments thereof shall be enforced by the County Treasurer by sale of the property at the annual tax sale, provided that no such assessment or installment thereof shall be included in the sale of any given year unless the same shall have been delinquent on or before August first of each year. The provisions of Chapters 7, 8, 9, Part 9 of this title shall apply to the enforcement of the lien or drainage assessments so far as such provisions are applicable, except that a Treasurer's deed issued upon a delinquent drainage assessment shall recite the fact that the title conveyed is subject to all the claims which the State or any political subdivision thereof may have thereon for annual taxes.

Whenever an assessment for drainage or an installment thereof has been made against any county, city, town or township, as provided in this Chapter, the officers of such county, city, town or township, whose duty it is under the law to make the levy of taxes, shall at the time of the next annual tax levy after the making of such assessment make a levy for drainage purposes of such an amount as shall be necessary to pay such assessment, and return the same to the proper officers as provided by for the other taxes, and such levy and tax shall be enforced and collected in all respects as provided by law for other taxes; provided, that any surplus remaining in any fund at the close of any year may be used by any township to pay and apply on any drainage assessment, as provided herein; provided, further, that in unorganized townships the County Commissioners shall be authorized to pay for drainage as provided herein out of any money belonging to such unorganized township, and each succeeding year a like levy shall be made by such authorities until the whole of such assessment for drainage is paid. Instead of making an annual assessment for the purpose of paying the damages allowed in any drainage proceeding and the costs of establishment and construction, the Board of County Commissioners may issue warrants payable only out of the assessments to be subsequently made, the same to bear interest at a rate not to exceed eight per cent per annum payable annually, and may sell such warrants at not less than the face value thereof and shall with such money so raised pay any damages allowed and costs of establishment and construction. In making assessment for such drainage such warrants and the cost of issuing the same shall be included in the costs of the drainage.