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Section 7. No Fees to be Collected.] No fees direct or indirect shall in any case be charged or received from those seeking the benefits of this Act.

Section 8. Penalty for Receiving Fees.] Any agent or clerk, subordinate or appointee, appointed under the provisions of this Act who shall accept directly or indirectly any fee, compensation or gratuity from any one seeking employment or labor under this Act, shall be guilty of a misdemeanor and shall be punished by a fine of not more than one hundred ($100.00) dollars or by imprisonment in jail not to exceed three months, or both, and shall thereafter be disqualified from holding any office or position in such department.

Section 9. Shall Publish Bulletins.] The Department shall publish a bulletin in which shall be made public all possible information with regard to the state of the labor market, including reports of the businesses of the various public employment offices.

Section 10. Registration of Applicants.] For the purposes specified in the foregoing Section every employment officer or agency established under this Act, shall keep a register of applicants for work and applicants for help in such form as may be required by the Commissioner of Immigration in order to afford the same information as that supplied by State offices. Such register shall be open to inspection by the Commissioner of Immigration and information therefrom shall be furnished to him at such times and in such form as he may require.

Section 11. Declaring an Emergency.] Whereas, this Act is necessary for the maintenance of existing institutions, an emergency is hereby declared to exist, and this Act shall be in force on and after its passage and approval.

Approved July 3, 1920.

Estates of Decedents

CHAPTER 55.

(S. B. 64.)

RELATING TO DECREE OF DISTRIBUTION.

AN ACT Entitled, An Act to Amend Section 3472 of the Revised Code of 1919, Relating to Probate Procedure, and Declaring an Emergency.

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

Section 1. That Section 3472 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 3472. Petition for Decree.] The decree may be made on petition of the executor or administrator or of any person interested in the estate. If partition be applied for, as provided for in this Chapter, the decree of distribution shall not divest the court of jurisdiction to order partition, unless the estate is finally closed.

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 force and effect from and after its passage and approval.

Approved June 30, 1920.

CHAPTER 56.

(H. B. 32.)

RELATING TO PROBATE NOTICES.

AN ACT Entitled, An Act to Repeal Section 3189 of the South Dakota Revised Code of 1919, Relating to Probate Procedure.

Be It Enacted by the Legislature of the State of South Dakota:
Section 1. That Section 3189 of the South Dakota Revised Code of
1919 be and the same is hereby repealed.
Approved June 30, 1920.

CHAPTER 57.

(H. B. 31.)

RELATING TO SALE OF PROPERTY,

AN ACT Entitled, An Act to Amend Section 3427 of the Revised Code of 1919 Relating to Probate Procedure.

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

Section 1. That Section 3427 of the South Dakota Revised Code of 1919 is hereby amended to read as follows:

Section 3427. Service of Notice.] The Notice of Hearing on Petition for Sale of Personal Property must be served on all persons interested in the estate, any general guardian of a minor so interested, and any legatee or devisee or heir of the decedent at least ten days before the time appointed for hearing and such service shall be made by mailing a copy of such notice to each of such persons at their several postoffice addresses and by posting in three of the most public places in the county where said estate is being probated. The Notice of Hearing on Petition for the Sale of Real Property shall be served in the same manner and shall also be published for three successive weeks in such newspaper in the county as the Court or Judge shall direct. If all persons interested in the estate join in the petition for sale of either real or personal property or signify in writing their assent to such sale the Notice may be dispensed with and the hearing may be had at any time.

Approved June 30, 1920.

CHAPTER 58.

(S. B. 10.)

VALIDATING CERTAIN PROBATE PROCEEDINGS.

AN ACT Entitled, An Act Validating Certain Decrees Settling Final Accounts of Executors and Administrators, Decrees of Distribution of Estates and Notices Caused to Be Published by Executors and Administrators, and Declaring an Emergency.

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

Section 1. All decrees settling accounts of executors and administrators, and all decrees of distribution of estates of deceased persons, heretofore made upon notice given as directed by Section 310 of the Probate Code of 1903, are hereby legalized, cured and validated as fully as if such notices had been given in the manner required by Section 3472 of the South Dakota Revised Code of 1919.

Section 2. All notices heretofore caused to be published by executors and administrators of estates of deceased persons given as directed by law are hereby legalized, cured and validated as fully as if such notices had been signed by the Judge and attested by the clerk under the seal of the Court as required by Section 3189 of the South Dakota Revised Code of 1919.

Section 3. 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 force and effect from and after its passage and approval.

Approved June 30, 1920.

Executors and Administrators

CHAPTER 59.

(S. B. 65.)

RELATING TO SETTLEMENT OF FINAL ACCOUNT.

AN ACT Entitled, An Act to Amend Section 3378 and 3417 of the South Dakota Revised Code of 1919, as Amended by Chapter 201 of the Session Laws of South Dakota for the Year of 1919. Relating to Probate Procedure, and Declaring an Emergency.

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

Section 1. That Section 3378 of the South Dakota Revised Code of 1919, as amended by Chapter 201 of the Session Laws of 1919, is hereby amended to read as follows:

Section 3378. Requisites for Notice for Final Settlement and Distribution. If the account mentioned in the preceding Section be for a final settlement and a petition for the distribution of the estate be filed with said account, the notice of the settlement must state those facts,

which notice must be given by posting copies thereof in three of the most public places in the county in which said petition is filed at least ten days prior to the hearing of said petition, and copies of such notice and of such final account shall be mailed to the heirs, devisees and legatees at their postoffice addresses as appearing in the petition for letters of administration at least ten days prior to the date set for such hearing. If a petition for the distribution of such estate be filed without final account, notice shall be given as hereinbefore set forth except that the mailing of copies of such final account as herein provided shall not be required. On the settlement of said account, distribution and partition of the estate to all entitled thereto may be immediately had without further notice or proceeding. If from any cause the hearing of the account or the partition and distribution be postponed, the order postponing the same to a date certain is notice to all persons interested therein.

Section 2. That Section 3417 of the South Dakota Revised Code of 1919 is hereby amended to read as follows:

Section 3417. Provisions Applying to Final Settlement.] If he neglect to render his account, the same proceedings may be had as prescribed in this title in regard to the first account to be rendered by him; and all the provisions of this title relative to the last mentioned account and the notice, and settlement thereof, apply to his account presented for final settlement, except insofar as the matter of giving notice of hearing upon such account is regulated by Section 3378 of this Code.

Section 3. 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 force and effect from and after its passage and approval. Approved June 30, 1920.

Guardians

CHAPTER 60.
(S. B. 9.)

VALIDATING CERTAIN GUARDIANSHIP PROCEEDINGS.

AN ACT Entitled, An Act Validating Certain Guardian's Sales of Real Estate, and Declaring an Emergency.

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

Section 1. All guardian's sales of real estate made and completed more than three years prior to the final passage of this Act, and the proceeds of which have been accounted for by the guardian, and upon which the bond required by Section 3540 of the South Dakota Revised Code of 1919 was not given, are hereby legalized, cured and validated as fully as if such bond had been given in the manner required by said section.

Section 2. 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.

Approved June 30, 1920.

Industrial Commissioner

CHAPTER 61.
(H. B. 19.)

RELATING TO CONCILIATION OF LABOR CONTROVERSIES.

AN ACT Entitled, An Act Requiring the Industrial Commissioner to Endeavor to Conciliate Employers and Employees in Case of Strikes, Lockouts and Other Industrial Controversies and Failing to Conciliate the Parties to Impartially Investigate Such Differences and Report the Facts and His Recommendation Thereon for the Information of the Public.

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

Section 1. In case of strikes, lockouts or other controversies between employers and employees, the Industrial Commissioner, whenever he deems it advisable in the interest of the public or either party shall endeavor to conciliate the parties to the controversy and induce them to confer with each other and compose their differences. If his efforts as conciliator prove unsuccessful, he shall thereupon impartially investigate the matters in difference between the parties giving each ample opportunity for presentation of the facts and shall thereupon make his report of the issues involved and his recommendation for settlement of the controversy and furnish a copy thereof to each of the parties and to the local newspapers for publication for the information of the public. The Industrial Commissioner shall have the right, if he so desires, or if requested by either party, to call in two capable and disinterested citizens to assist in the investigation and advise with him as to his recommendations.

Approved June 30, 1920.

Insurance

CHAPTER 62.
(H. B. 53.)

RELATING TO THE OFFICE OF COMMISSIONER OF INSURANCE.

AN ACT Entitled, An Act to Amend Sections 9112 and 9115 of the South Dakota Revised Code of 1919, As Amended by Chapter 234 of the Laws of 1919, Relating to the Commissioner of Insurance and His Employees; and to Amend Section 9121 of the Revised Code of 1919; as Amended by Chapter 234, Laws of 1919, Relating to the Commissioner of Insurance as State Fire Marshal, and the Appointment of a Fire Marshal Clerk and Deputy State Fire Marshals, Fix Their Compensation, and Declaring an Emergency.

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

Section 1. That Section 9112 of the South Dakota Revised Code of 1919, as amended by Chapter 234 of the Session Laws of 1919, be and it is hereby amended to read as follows:

Section 9112. Commissioner, Appointment, Term, Removal, Residence, Salary.] The Commissioner of Insurance, whose term of office shall be for two years, beginning on the first day of July, 1919, and

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