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in the proper record the assessment made by the tax commission of the railroad property in such county located within the limits of each city or town transmitted to the city auditor or town clerk thereof, and the amounts so entered of record shall constitute the taxable value of such property for all taxable purposes; and shall transmit a copy of such order and record to the city auditor of each city, the clerk of each incorporated town or civil township and the proper officer of each lesser taxing district and also to such railroad company.

"Section 6607. Map Filed, Transfers Reported and Entry Made." Every railroad company shall keep on file, with the county auditor of each county through or into which its line or lines of railroad run, a map showing correctly the right of way, length of side tracks outside the corporate limits of cities and towns, depot grounds, yard room, gravel or sand beds, and lands for snow protection, and lands otherwise actually and necessarily used by it in the maintenance and ooperation of its railway at the date of filing such map showing lots or parts of lots and blocks in cities and towns and the number of acres in each government subdivision, and it shall be the duty of the county auditor to provide for the exception from assessment by any assessor of all such right of way, depot grounds, yard room, gravel or sand bed, and lands for snow protection, or land otherwise actually and necessarily used in the operation of its railway. It shall be the duty of the register of deeds of the county to notify the county auditor of any deed to any railroad company for the right of way, depot grounds, yard room, gravel or sand beds, or lands for snow protection, that may be filed in his office for record so that the same may be entered by such county auditor on such map for the purposes above mentioned.

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 March 7, 1923.

CHAPTER 113.

(S. B. 12)

RELATING TO TAX SALE CERTIFICATES

AN ACT Entitled, An Act Amending Section 6790 of the Revised Code of 1919, Relating to Tax Certificates.

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

Section 1. That Section 6790 of the Revised Code of 1919 is hereby amended to read as follows:

Section 6790. The purchaser of any tract of real property sold by the county treasurer for taxes shall be entitled to a certificate describing the land so purchased, the sum paid, and stating the time when the purchaser will be entitled to a deed, which certificate shall be signed by the treasurer in his official capacity, and shall be presumptive evidence of the regularity of all prior proceedings. Such certificate shall be assignable and any assignment thereof must be acknowledged

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before some officer authorized to take acknowledgments of deeds. Any assignee of such certificate acquires the lien of the taxes on the real property; provided he presents the assigned certificate to the county teasurer for entry and such county treasurer shall enter on the record of such sale the fact that the certificate has been assigned, entering the name and address of the assignee and the date when such assignment was presented for such entry. Such purchaser at tax sale or assignee of such certificate may pay any taxes levied on such real property so. purchased, whether levied for any year or years previous or subsequent to such sale and still unpaid; provided, that the amount or amounts paid as subsequent taxes shall not bear interest until on and after the date when the subsequent taxes so paid would become delinquent, and shall have the same lien for such taxes paid subsequently and may add them to the amount paid by him in the purchase, provided that he shall inform the county treasurer when paying such taxes that he desires to pay them as subsequent to such certificate; and the treasurer shall make out the tax receipt and duplicate for such taxes paid as subsequent, and shall write thereon, "paid as subsequent taxes" and shall enter on the record of the original tax sale the payment of such subsequent taxes, giving the name of the person by whom paid, the date when paid, and the amount paid, and for what year such subsequent tax was levied. In all tax sales made as provided herein the treasurer shall make out the tax receipt and duplicate for the taxes of the real property mentioned in such certificate the same as in other cases, and shall write thereon "sold for taxes at public sale." Approved February 3, 1923.

Banks and Banking

CHAPTER 114.

(H. B. 155)

RELATING TO LIMIT OF LOANS

AN ACT Entitled, An Act to Amend Section 8980 of the Revised Code of 1919, Relating to Banks and Banking, and Limiting Loans Made, and Declaring an Emergency.

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

Section 1. That Section 8980 of the Revised Code of 1919 be amended as follows:

Section 8980. No individual, firm or corporation transacting a banking business in this State shall loan to any partnership or individual, including all loans made to the several members of such partnership or corporation, more than twenty per cent of the paid-up capital and surplus of such bank. And in no case shall the total liabilities of the several stockholders of any bank, including any and all liabilities of any partnership or corporation in which an active officer may be

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interested, to such bank, exceed fifty per cent of the paid-up capital of such bank. But the discount of bills of exchange drawn in good faith against actually existing values, and the discount of commercial paper actually owned by the person negotiating the same, shall not be considered as money borrowed by such person.

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 March 7, 1923.

CHAPTER 115.

(H. B. 58.)

RELATING TO LOANS TO STOCKHOLDERS

AN ACT Entitled, An Act to Amend Section 8981 of the Revised Code of 1919, Relating to Penalty of Bank Officers for Violation of Law Relating to Stockholders' Loans.

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

Section 1. That Section 8981 of the South Dakota Revised Code of 1919 be amended so as to read as follows:

Any officer, director, or employee of any state bank transacting a banking business in this State, who shall knowingly permit shareholders of such bank to become indebted at any one time to such bank in a total sum exceeding Fifty percent of the paid up capital of such bank, which indebtedness shall include any and all liablities of any partnership or corporation in which any officer may be interested; shall be deemed guilty of a felony and upon conviction thereof shall be punished by a fine not exceding $500.00, or by imprisonment in the State Penitentiary, not exceeding three years, or both such fine and imprisonment. Approved March 2, 1923.

CHAPTER 116.

(H. B. 57.)

RELATING TO FALSE REPORTS BY BANKS

AN ACT Entitled, An Act to Amend Section 8969 of the Revised Code of 1919, Relating to Penalty of Bank Officers for Making False Reports.

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

Section 1. That Section 8969 of the Revised Code of 1919 be amended so as to read as follows:

Any banker, officer, director or employee of any bank, who shall subscribe to or make or cause to be made any false statement or false entry in the books of any bank, or shall subscribe to or exhibit false

papers, with intent to deceive any person authorized to examine into the affairs of such bank, or shall make, state or publish any false report or statement of any such bank, shall be deemed guilty of felony and upon conviction thereof shall be punished by a fine not exceeding $5000.00, or by imprisonment in the State Penitentiary not exceeding Ten years, or by both such fine and imprisonment.

Section 2. Any banker, officer or employee of any bank who may be actively engaged in the management of a bank or in the administration of its affairs, who shall, with intent to deceive attest any false report or statement of any such bank shall be guilty of a felony and upon conviction thereof shall be punished by a fine not exceeding $5,000.00, or by imprisonment in the State Penitentiary not exceeding Ten years, or both such fine and imprisonment.

Section 3. All reports of banks made by any officer thereof and submitted to the superintendent of banks by any person authorized to examine into the affairs of such bank shall be attested by one or more of the officers of said bank actively engaged in the management or employment thereof, whenever there are more than one of such officers engaged in such bank.

Approved March 2, 1923.

CHAPTER 117.
(S. B. 325.)

RELATING TO REPORTS TO SUPERINTENDENT OF BANKS

AN ACT Entitled, An Act to Amend Section 8966 of the South Dakota Revised Code of 1919, Relating to Making Publication and Forwarding of Bank

Reports.

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

Section 1. That Section 8966 of the South Dakota Revised Code of 1919 be and is hereby amended to read as follows:

Section 8966. Called Reports-Special Reports-Publication-Forwarding. Every bank shall make to the superintendent of banks not less than three reports during each calendar year, at such time as the superintendent of banks shall require, according to the forms which he shall prescribe. Such reports shall be signed and verified by the oath or affirmation of one of the officers of such bank, and attested by at least two of the directors. Such report shall exhibit, in detail and under proper heads, the resources and liabilities of the bank, at the close of the business of any day specified by the superintendent of banks, within five days after the receipt of the call therefor. Such reports shall be published in a newspaper in the city or town in which such bank is located; provided, that in case no newspaper is published in such city or town, the report shall be published in the nearest city or town within the county in which such bank is located where a newspaper is published; and if there be no newspaper published within the county in which such bank is located, then such report shall be published at the nearest city or town within an adjoining county within the state, where a newspaper is published. Proof of publication shall be furnished to the superintendent of banks within fifteen days after receipt of the call for such report

The superintendent of banks shall also have power to call for special reports from any bank, whenever in his judgment the same is necessary to inform him fully of the condition of such bank. Approved March 12, 1923.

Bounties

CHAPTER 118.

(H. B. 174)

RELATING TO BOUNTIES

AN ACT Entitled, An Act to Amend Sections 5907 and 5908 of the South Dakota Revised Code of 1919, as Amended by Sections 1 and 2 of Chapter 161 of the Session Laws of 1921, Relating to Bounties.

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

Section 1. That Section 5907 of the South Dakota Revised Code of 1919, as amended by Section 1 of Chapter 161 of the Session Laws of 1921, is hereby amended to read as follows:

Section 5907. Bounties. There may be paid from the county fund a bounty of ten cents (10c) for each pocket gopher, and five cents (5c) for each striped gopher or ground squirrel caught and killed within the county, and the Board of County Commissioners in any county shall also allow a bounty of not to exceed ten cents (10c) for each crow or magpie killed within the county, provided that the person entitled to such bounty shall make, as hereinafter provided, proof of destruction of such animal or bird within thirty (30) days after the same was destroyed.

Section 2. That Section 5908 of the South Dakota Revised Code of 1919, as amended by Section 2 of Chapter 161 of the Session Laws of 1921, is hereby amended to read as follows:

Section 5908. Proof Required. The person catching or killing any such animal or bird shall remove and present to the county auditor before whom he makes his proof both front feet and claws of each pocket gopher and full tail of each striped gopher or ground squirred and the head and feet of each crow or magpie for which he claims the bounty, and the person claiming the bounty shall furnish written proof, under oath, that each animal or bird for which he claims the bounty, was caught or killed within the county against which he presents the claim for bounty; and the Board of County Commissioners may require, in addition to the above, any other and further proof which it deems necessary and reasonable, to show that each animal or bird for which the bounty is claimed was caught and killed within the county against which the claim is presented.

Approved March 7, 1923.

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