Section 3. That section 5360 of the South Dakota Revised Code of 1919 be and the same is hereby repealed. Section 4. The state auditor is hereby authorized and directed, immediately upon the passage and approval of this Act, to issue warrants against the various funds of the several unorganized counties, payable to the county treasurers of the several organized counties to which such unorganized counties are attached, for the purpose of immediately transferring the balances in the hands of the state treasurer belonging to such unorganized counties into the county treasury of the several counties to which such unorganized counties are attached, for the purpose of carrying this Act into effect. Approved February 25, 1921. Vital Statistics CHAPTER 410. (S. B. 62) RELATING TO FEES FOR VITAL STATISTICS. AN ACT Entitled, An Act to Amend Section 9907 of the South Dakota Revised Code of 1919, as Amended by Section 6, Chapter 92, Laws of the Special Session of 1920. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That section 9907 of the South Dakota Revised Code of 1919 as amended by Section 6, Chapter 92, Laws of Special Session 1920, be and hereby is amended to read as follows: Section 9907. A physician or other person reporting any birth or death to the Clerk of Courts, as provided in this article, shall be entitled to a fee of twenty-five cents for each certificate; a Justice of the Peace shall be entitled to a fee of twenty-five cents for each burial or transportation permit issued by him; and the Clerk of Courts shall be entitled to a fee of twenty-five cents for each birth and death certificate received, entered and transmitted to the Director of Vital Statistics, a fee of ten cents for each abstract of marriage, divorce or naturalization records transmitted by him. All such fees to be paid out of the general fund of the County as hereinafter provided. Approved February 9, 1921. Witnesses CHAPTER 411. (H. B. 349) RELATING TO DEPOSITIONS IN CRIMINAL CASES. AN ACT Entitled, An Act Regulating the Taking of Depositions on Behalf of Defendant in Criminal Cases, and Repealing Sections 5017 to 5029 of the South Dakota Revised Code of 1919. Be It Enacted by the Legislature of the State of South Dakota: Section 1. When an issue of fact is joined upon an indictment of information, or when a defendant has been held to answer a charge for a public offense, he may have witnesses residing or being out of the State examined on his behalf as prescribed herein. Section 2. Prior to the taking of such deposition a written notice specifying the name of the Court or tribunal in which it is to be used, the time and place of taking the same, the names of the witnesses whose depositions are to be taken, shall be served upon the State's Attorney of the county in which such criminal action is pending. The notice shall be served so as to allow such State's Attorney sufficient time, by the usual route of travel, to attend, and one day for preparation, exclusive of Sundays and the day of service, and the examination may, if so stated in the notice, Le adjourned from day to day. Section 3. The deposition must be written by the officer before whom it is noticed to be taken, or, in his presence, by the witness or some disinterested person and must be subscribed by the witness. Section 4. The deposition so taken shall be enclosed, sealed and endorsed with the title of the action, and the name of the officer taking the same, and by him addressed and transmitted to the clerk of the court where the action is pending. It shall remain under seal until opened by the clerk by order of the court, or at the request of a party to the action or his attorney or the State's Attorney. Section 5. When a deposition has once been taken, it may be read in any stage of the same action and on any trial thereof, subject, however, to all such exceptions as may be taken thereto under the provisions of law relating to the taking of depositions in civil actions. Section 6. Depositions taken pursuant to this Act shall be authenticated and certified in the manner now provided by law for the authentication and certification of depositions in civil actions. Section 7. So far as practicable the provisions of law in civil cases relative to the taking and use of depositions, including the taking and making of exceptions or objections thereto, not inconsistent herewith, shall be applicable to the taking and use of depositions on behalf of a defendant in a criminal case. Section 8. Section 5017 to 5029, both inclusive, of the South Dakota Revised Code of 1919, and all other Acts and parts of Acts inconsistent herewith, are hereby repealed. Approved March 12, 1921. CHAPTER 412. (H. B. 28) RELATING TO PRIVILEGED COMMUNICATIONS. AN ACT Entitled, An Act to Amend Subdivision 1 of Section 2717 of South Dakota Revised Code of 1919, Relating to Privileged Communications. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That subdivision 1 of section 2717 of South Dakota Revised Code of 1919, be and the same is hereby amended to read as follows; 1. A husband cannot be examined for or against his wife without her consent; nor a wife for or against her husband without his consent; nor can either, during the marriage, or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this subdivision does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, including cases of bigamy and adultery, nor to any action brought by either the husband or wife against any person to recover damages for criminal conversation with the other, or for the alienation of the affection of the other, or for any cause that involves the moral reputation of the other. Approved January 31, 1921. CHAPTER 413. (S. B. 271) ADOPTING UNIFORM FOREIGN DEPOSITIONS ACT AN ACT Entitled, An Act Concerning the Taking of Depositions in this State to be Used in Any Foreign Jurisdiction and to Make Uniform the Law With Reference Thereto. Be It Enacted by the Legislature of the State of South Dakota: Section 1. Authority To Act.] Whenever under any mandate, writ or commission issued out of any court of record in any other state, territory, district or foreign jurisdiction, or whenever upon notice or agreement, it is required to take the testimony of a witness or witnesses in this state, witnesses may be compelled to appear and testify in the same manner and by the same process and proceedings as may be employed for the purpose of taking testimony in proceedings pending in this state. Section 2. Uniformity of Interpretation.] This act shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it. Section 3. Short Title.] Short Title.] This Act may be cited as the Uniform Foreign Depositions Act. Section 4. Repeal]. All Acts or parts of Acts which are inconsistent with the provisions of this act are hereby repealed. Approved March 12, 1921. Wolf Bounties CHAPTER 414. (S. B. 177) RELATING TO PAYMENT OF WOLF BOUNTIES. AN ACT Entitled, An Act to Amend Sections 1, 2, 3, 4, 5, 6, 7, and 8, of Chapter 361, Session Laws of South Dakota for 1919, Relating to the Payment of Wolf Bounties by Counties. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That Section 1 of Chapter 361 of the Session Laws of South Dakota for 1919 be and the same is hereby amended to read as follows: Section 1. That the Board of county commissioners of each county in this state shall on the first Tuesday in September, or at such other time as such board may make levies for taxes for other purposes, each year levy a tax on all property, real and personal, situate in said county, for the fiscal year commencing the next following July 1st and ending June 30th thereafter, to provide a fund for the payment of bounties for wolves, coyotes, mountain lion, bob-cat, lynx, and fox, killed within the limits of each of said counties, which fund shall be equal to the amount of the county bounty paid on predatory animals during the preceding year, and which fund shall be a separate fund, or, in the event no county bounty has been paid on such predatory animals during the preceding year, then the levy shall be based on the number of predatory animals for which claims for state bounty were filed in the office of the county auditor of such county during the same period and at the bounty rates provided in this act. Section 2. That Section 2 of Chapter 361 of the Session Laws of South Dakota for 1919 be and the same is hereby amended to read as follows: Section 2. The board of county commissioners of each organized county in this state, to which an unorganized county is attached for state, judicial or other purposes, shall, at the time of making the levy provided for in the preceding section hereof, levy a tax on all property, real and personal, situate in said unorganized county, for the payment of bounties on predatory animals, such as are described in the preceding section hereof, killed within the limits of such unorganized county, in the same manner and under the same conditions prescribed in said preceding section. Section 3. That Section 3 of Chapter 361 of the Session Laws of South Dakota for 1919 be and the same is hereby amended to read as follows: Section 3. The funds to be raised in the manner provided in the preceding sections shall be used for the paying of the following bounties, to-wit: For each grown wolf (other than coyote or prairie wolf...$50.00 $10.00 For each coyote or prairie wolf $ 4.00 For each wolf (other than coyote or prairie wolf) less than one year old, so killed $ 4.00 For each fox, lynx, or bob-cat so killed $ 4.00 Section 4. That Section 4 of Chapter 361 of the Session Laws of South Dakota for 1919 be and the same is hereby amended to read as follows: Section 4. The bounties described in the preceding section of this act shall be paid to the person or persons killing any of said animals, upon his making claim therefor in the following manner; within sixty days after killing any of said animals the person who killed the same shall exhibit the skin or skins of such animal or animals, including the tail and the skin from the entire head, including the ears thereof and including the skin of the lower jaw, together with the lips of the animal attached to the skin, to the county auditor of the county in which such animal shall have been killed, or to the county auditor of the organized county to which the unorganized county in which said animal was killed shall be attached for state, judicial or other purposes, as the case may be, and at the same time he shall file with such county auditor an affidavit that the animal on which the bounty is claimed was killed within said county in this state, giving the date thereof, and by whom killed; and that the skin produced is the skin of such animal; and that no allowance or bounty has been received or paid for the killing of such animal. The county autitor to whom said skin is exhibited is authorized to administer the oath to the person making said effidavit and he shall receive and file said affidavit in his office. It shall be his duty to carefully examine the skin exhibited to him, and if he finds the same has not been patched, covered, punched or cut, he shall thereupon remove the skin of the lower jaw and return the balance of the hide to the one exhibiting the same, and retain such skin of the lower jaw for the examination of the board of county commissioners at its next regular or special meeting. If, after examining the said affidavit and skin of the lower jaw, taken by the auditor as hereinbefore provided, the county commissioners are satisfied that all provisions of the law have been complied with, they shall immediately destroy the skin of the lower jaw exhibited and order a warrant drawn by the county auditor upon the county treasurer, which warrant shall be paid from the fund provided for the payment of wolf bounties. Section 5. That Section 5 of Chapter 361 of the Session Laws of South Dakota for 1919 be and the same is hereby amended to read as follows: Section 5. All taxes levied and collected in any unorganized county for the purpose of carrying out the provisions of this act, as provided in Section 2 of this Act, shall be kept and retained in a special fund by the county treasurer of the organized county to which such unorganized county is attached; any claims for bounty properly filed in the office of said county auditor, as provided in this act, shall be considered claims against the attached unorganized county in which the wolves or other animals referred to in said certificate were killed, and the same shall be paid by a warrant drawn by the county auditor against the wolf bounty fund of such attached unorganized county. The provisions of existing laws of this state relating to assessment, taxation and expenses of unorganized counties shall apply, except where inconsistent with the provisions of this act, to the assessment, taxation and expenses incident to the payment of such bounty claims against unorganized counties, as provided in this act. Section 6. That Section 6 of Chapter 361 of the Session Laws of South Dakota for 1919 be and the same is hereby amended to read as follows: |