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Census and Vital Statistics

CHAPTER 119.

(H. B. 26)

RELATING TO STATE CENSUS

AN ACT Entitled, An Act to Amend Section 9885 of the South Dakota Revised Code Relating to the State Census.

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

Section 1. That Section 9885 of the Revised Code of 1919 is hereby amended to read as follows:

Section 9885. On or before the first day of April, 1925, and at the same date every tenth year thereafter it shall be the duty of the Director of the State Census to transmit to the county auditors of the several counties a sufficient quantity of blank forms, schedules and instructions for taking the census in the several counties as provided in this article. Such schedules and forms shall provide for the enumeration of all inhabitants of the State by name, age, sex, color, ancestry and nationality, occupation, ability to read and write, whether blind, deaf, dumb, idiotic or insane, and such other information as shall appear of general interest.

Approved February 3, 1923.

CHAPTER 120.

(H. B. 41)

RELATING TO CERTIFIED COPIES OF VITAL STATISTICS

AN ACT Entitled, An Act to Amend Section 9 of Chapter 92 of the Laws of the Special Session of 1920, Relating to the Making and Furnishing Copies of Birth and Death Certificates and Abstract of Marriage, Divorce and Naturalization Records, and Declaring an Emergency.

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

Section 1. That Section 9 of Chapter 92 of the Laws of the Special Session of 1920 be and is hereby amended to read as follows:

Section 9. The Director of Vital Statistics shall furnish any applicant therefor a certified copy of the record of any certificate of birth or death, or abstract of marriage, divorce or naturalization recorded under the provisions of this Act, upon the payment of a fee of one dollar for the making and certification of each certificate or abstract, to be paid by the applicant; provided, however, that no charge shall be made for certified copies of birth, death, marriage or divorce records when requested or required in pension claims of widows, or soldiers of

the Civil and Spanish American wars, and in compensation and insurance claims of widows and soldiers of the World War. Such copy of the record in the office of the Director of Vital Statistics, when certified by the Director of Vital Statistics to be a true transcript therefrom shall be prima facie evidence of the facts therein stated in all courts in this state.

Section 2. Whereas, this Act is necessary for the support of the State Government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall take effect on and after its passage and approval.

Approved February 15, 1923.

Checks

CHAPTER 121.

(S. B. 255.)

RELATING TO ISSUING CHECKS WITHOUT FUNDS

AN ACT Entitled, An Act to Amend Chapter 133 of the Laws of 1919, Amending Section 4253 of the South Dakota Revised Code of 1919, Relating to the Issuing of Checks, Drafts or Orders on any Bank or Other Depository, Without Sufficient Funds to Meet the Same Upon Presentment; Making Such Acts a Criminal Offense and Providing a Penalty Therefor.

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

Section 1. That Chapter 133 of the laws passed at the Sixteenth Legislative Session, 1919, amending Section 4253 of the South Dakota Revised Code of 1919, be and the same is hereby amended to read as follows:

It shall be unlawful for any person, either for himself or as the agent or representative of another or as an officer of a corporation, to make, draw, utter, issue, or deliver any check, draft or order on any bank or depository for the payment of money or its equivalent, knowing at the time of the making, drawing, uttering, issuing or delivering of such check, draft or order as aforesaid that he has not sufficient funds on deposit in or credit with such bank or depository with which to pay such check, draft or order upon presentation.

Section 2. That any person violating any of the provisions of Section 1 of this act shall be deemed guilty of a misdemeanor if such check, draft, or order is drawn for less than twenty dollars and upon conviction shall be punished by a fine of not less than twenty-five dollars and not more than one hundred dollars or by imprisonment in the county jail for a period of not less than ten days and not more than six months, or by both such fine and imprisonment; if such check, draft or order shall be drawn for an amount of twenty dollars or more, such persons shall be deemed guilty of a felony and upon conviction shall be punished by a fine of not less than one hundred dollars and not more than five thousand

dollars, or by imprisonment in the state penitientiary for a period of not less than one year and not more than five years or by both such fine and imprisonment.

Section 3. That in any case where a prosecution is begun under this act, the defendant shall have a right, upon application made for that purpose before trial, to have said action abated by showing to the court or the judge that he has had an account in said bank upon which said check, draft or order was drawn, thirty days next prior to the time said check, draft or order was delivered, and that said check, draft or order was drawn upon said bank or depository without intent to defraud the party receiving the same, and if the court shall so find, said action shall be abated and the defendant shall be discharged upon paying into the court the amount of such check, draft or order and the costs in such

case.

Section 4. Credits Defined. The word "credits" as used herein shall be construed to be an arrangement or understanding with the bank or depository for the payment of such check, draft or order.

Section 5. It is further provided that nothing in this act shall apply in cases where checks, drafts or orders were actually honored by the bank or banks or depository or depositories on which they were drawn. Approved March 12, 1923.

Child Welfare Commission

CHAPTER 122.

(S. B. 69)

RELATING TO CHILD WELFARE COMMISSION

AN ACT Entitled, An Act to Amend Sections 1 and 2 of Chapter 134 of the Session Laws of 1919, Relating to Child Welfare and Providing an Appropriation Therefor.

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

That Section 1, Chapter 134 of the Session Laws of 1919 be amended to read as follows:

Section 1. Three citizens of the State of South Dakota, two of whom shall be women, to be appointed by the Governor to serve for terms of two years, shall constitute the Child Welfare Commission, and each shall serve without compensation.

That Section 2, Chapter 134 of the Session Laws of 1919 be amended to read as follows:

Section 2. The Child Welfare Commission shall investigate the condition of children and advise pertaining to their care and instruction; it shall examine into the conditions surrounding dependent and delinquent children and the causes of their dependency or delinquency and make such recommendations as may be fitting; it shall examine into the condition of children employed in the industries of this state and

shall advise employers pertaining to the most favorable conditions for such labor in such employment; and shall enforce the laws of the state for the protection of children employed; it shall prepare and submit the Legislature for its consideration at the next regular session a complete code of laws covering child life in the State of South Dakota with a view of vitalizing and making effective the work of such commission, and shall biennially report its doings and recommendations to the Governor, which report shall be published as are the reports of other state officers and boards.

Section 3. There is hereby appropriated out of any money in the treasury, not otherwise appropriated, the sum of five hundred dollars, cr so much thereof as may be necessary in carrying out the purposes of this act during the ensuing biennium, to be paid upon the warrant of the auditor upon which vouchers duly approved by the chairman of the Child Welfare Commission.

Approved March 12, 1923.

Cigarettes

CHAPTER 123.

(H. B. 45.)

REGULATING THE SALE OF CIGARETTES

AN ACT Entitled, An Act Relating to the Sale of Cigarettes and Cigarette Papers, and Wrappers and Papers Used and Prepared for the Making of Cigarettes; Providing for Issuing Licenses for the Purpose of Making Sales Thereof and Furnishing of Bond; Providing for the Levy, Assessment, Collection and Payment of a Tax Thereon; Providing for the Regulation of Sales Thereof and Penalty for Violation of this Act; and Defining the Duties of the Food and Drug Commissioner, State Auditor and State Treasurer Imposed Uunder the Provisions of this Act; and Providing That any Person Violating This Act May Be Enjoined, and That Any Building or Premises Made Use of For Purposes in Violation of This Act Shall be Deemed a Nuisance and Abated by Injunction.

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

Section 1. No person, firm or corporation shall sell cigarettes or cigarette papers in the State of South Dakota without first obtaining a permit therefor, which said permit shall be granted and issued by the State Food and Drug Commissioner on or before July 1st of each year, and said permit shall be in force and effect for one year following the July 1st after its issue, unless sooner revoked, and shall be granted only to the person, firm or corporation owning or operating the premises from which said sale is to be made. and shall not be transferable; which permit shall have a number and show the residence and place of business of the holder. Such permit must be posted in a conspicuous place in the holder's place of business, in which place the sale of cigarettes or cigarette papers are to be made. The State Food and Drug Commissioner shall revoke the permit of any person who has

violated any of the provisions of this act, and no such permit can again be issued for a period of two years thereafter. The State Food and Drug Commissioner shall, upon the issuance or revocation of any permit hereunder, immediately notify the State Treasurer.

Section 2. No permit shall be issued until the applicant therefor shall file a bond, to be approved by the State Food and Drug Commissioner, which said bond shall be payable to the State of South Dakota, and shall be in an amount of not less than five hundred ($500.00) dollars, and conditioned upon the faithful observance of all the provisions of this Act, including the payment of all taxes, fines, penalties and costs herein provided for. Said bond shall be signed by the obligor as principal, and by a surety company authorized to do business in this State, or by two sureties who shall qualify in double the amount of the bond, and neither of whom shall be surety on any other like bond.

Section 3. No permit shall be issued until the applicant shall have paid to the State Food and Drug Commissioner a mulct tax which shall be graduated in amount according to location as follows: In inland stores and in incorporated communities, $5.00; in incorporated towns and in premises outside of, but within three miles of any city or incorporated town, $10.00; in cities organized under special territorial charter, $10.00; in cities of the second class, $15.00; and in cities of the first class, $20.00. The State Food and Drug Commissioner shall receipt for such payments and shall forthwith pay over all such remittances to the State Treasurer.

Section 4. Every person, partnership or corporation carrying on the business of selling or keeping for sale cigarettes or cigarette papers, or maintaining a place where such cigarettes or cigarette papers are kept with intent to sell, shall pay the mulct tax provided for in Section 3 hereof, payable on the 1st day of July in each year.

Section 5. From and after the taking effect of this Act there is hereby levied and assessed and shall be collected and paid to the State Treasurer upon all cigarettes and cigarette papers or wrappers and tubes sold in South Dakota to consumers, the following taxes, to be paid prior to or at the time of sale and delivery to the consumer:

Class A. On cigarettes weighing not more than three pounds per thousand, one mill on each such cigarette;

Class B. On cigarettes weighing more than three pounds per thousand, two mills on each such cigarette;

Class C. On cigarette papers or wrappers or any papers made or prepared for the purpose of making cigarettes made up in packages, books or sets; on each such package, book or set containing not more than fifty papers, one-half cent; containing more than fifty papers but not more than one hundred papers,, one cent; containing more than one hundred papers, one-half cent for each fifty papers or fractional part thereof.

Class D. On tubes, one cent for each fifty tubes or fractional part thereof.

All cigarettes sold in this State under the provisions of this Act shall be put up in packages containing, 5, 8, 10, 12, 15, 16, 20, 24, 40, 50, 80 or 100 cigarettes each. Before being delivered to the consumer each package of cigarettes and each package, book or set of papers or of tubes, shall have securely affixed thereto a suitable. stamp denoting the tax thereon, and said stamp shall be properly cancelled prior to such sale or removal for consumption, under such regulations as the State Treasurer shall prescribe.

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