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Brookings, on the Third Tuesday in January, the Fourth Tuesday in May and the Third Tuesday in September.

Clark, on the Second Tuesday in May and the First Tuesday in Oc

tober.

Codington, on the Second Tuesday in March, the Second Tuesday in July and the Second Tuesday in November.

June.

Duel, on the First Tuesday in February and the Third Tuesday in

Hamlin, on the Third Tuesday in February and the Fourth Tuesday in October.

Approved March 6, 1923.

CHAPTER 134.

(H. B. 268)

PROVIDING FOR TWO JUDGES IN THIRD CIRCUIT

AN ACT Entitled, An Act to Provide for an Additional Judge for the Third Judicial Circuit.

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

Section 1. That there shall be two Judges of the Circuit Court of the Third Judicial District and the vacancy in the office of the Judge of the said Circuit hereby created by the provision hereby made for an additional Judge for the said Court in said Circuit shall be filled by appointment by the Governor, and such appointee shall hold the office until his successor is elected at the next general election at which Circuit Judges for the said Circuit shall be elected as provided by law, and has qualified; provided, however, that the two Judges of the said Circuit shall not be electors of the same county. The discharge of the duties of their offices shall be apportioned by the said Judges by agreement between them and in case of their failure so to agree, then as the presiding Judge of the Supreme Court shall from time to time direct.

Section 2. All Acts and parts of Acts in conflict with this Act are hereby repealed.

Approved February 27, 1923.

CHAPTER 135.

(S. B. 225.)

PROVIDING FOR TWO JUDGES, FIFTH CIRCUIT

AN ACT Entitled, An Act to Provide an Additional Judge for the Fifth Judicial Circuit.

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

Section 1. There shall be two judges of the circuit court of the Fifth Judicial Circuit and a vacancy in the office of the judge of the circuit

court of said circuit is hereby created by the provisions made herein for an additional judge of said court and said circuit. Such vacancy shall be filled by appointment by the Governor and such appointee shall hold office until his successor is elected at the next general election at which circuit judges for the different circuits shall be elected and qualified as provided by law. The discharge of the duties of their office shall be apportioned between said judges by agreement and in case of their failure so to agree, then by the presiding judge of the supreme court.

Approved March 6, 1923.

CHAPTER 136.

(S. B. 97)

RELATING TO BOUNDARIES AND TERMS OF COURT IN NINTH CIRCUIT AND PROVIDING AN ADDITIONAL JUDGE

AN ACT Entitled, An Act to Provide for an Additional Judge for the Ninth Judicial Circuit, Adding the County of Hand to Said Circuit and Fixing Terms of the Circuit Court Therein.

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

Section 1. There shall be two judges of the Circuit Court of the Ninth Judicial Circuit and the vacancy in the office of Judge of the Circuit Court of said Circuit hereby created by the provision hereby made for an additional Judge of said court in said Circuit shall be filled by appointment by the Governor and such appointee shall hold office until his successor is elected at the next general election at which Circuit Judges for the different circuits shall be elected as provided by law and has qualified. Provided, however, that the two judges of the said Circuit shall not be electors of the same county, but neither of said Judges shall lose his legal residence in the County of which he shall be a resident and an elector at the time of his appointment or election, if he shall thereafter during his term of office, or part thereof, actually reside in some other county in the said circuit. The discharge of the duties of their offices shall be apportioned by the said Judges by agreement between them and in case of their failure so to agree then as the presiding Judge of the Supreme Court shall from time to time direct.

Section 2. The county of Hand is hereby detached from the Sixth Judicial Circuit and added to and included within the Ninth Judicial Circuit.

Section 3. That all actions, causes, matters and proceedings pending in the Circuit Court of the Sixth Judicial Circuit of the State of South Dakota within and for the County of Hand affected by this act shall be considered upon the going into effect of this act as pending in the Circuit Court of the Ninth Judicial Circuit of the State of South Dakota within and for the county of Hand, and all motions, pleading, orders, judgments and decrees made and entered thereafter in such actions, causes, matters and proceedings shall be entitled in the said Ninth Judicial Circuit, and the records and files of said county of Hand in said. Sixth Judicial Circuit shall have the same force and effect in the said Ninth Judicial Circuit as though they had been originally made or entered therein.

Section 4. Terms of the Circuit Court shall be held in each year in said County of Hand on the Fourth Monday in March, and the second Monday in September.

Section 5. All Acts and parts of Acts in conflict with this Act are hereby repealed.

Approved February 15, 1923.

CHAPTER 137.

(H. B. 16)

TERMS OF COURT, TENTH CIRCUIT

AN ACT Entitled, An Act to Amend Section 5179 Relating to Boundaries and Terms of Court in the Tenth Judicial Circuit.

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

Section 1. Section 5179 of the South Dakota Revised Code of 1919 be and is hereby amended to read as follows:

Section 5179. Tenth Circuit. The Tenth Judicial Circuit shall consist of the counties of Campbell, Edmunds, Faulk, McPherson, Potter and Walworth. Regular terms of court shall be held annually in each of said counties as follows:

Campbell, on the third Tuesday in June and the third Tuesday in

October.

Edmunds, on the third Tuesday in May and the second Tuesday in

January.

Faulk, on the first Tuesday in May and the first Tuesday in December.

McPherson, on the first Tuesday in June and the third Tuesday in

November.

Potter, on the first Tuesday in March and the fourth Tuesday in October.

October.

Walworth, on the third Tuesday in March and the first Tuesday in
Approved January 27, 1923.

CHAPTER 138.

(H. B. 119)

TERMS OF COURT, ELEVENTH CIRCUIT

AN ACT Entitled, An Act to Amend Section 5180 of the South Dakota Revised Code of 1919, Relating to Terms of the Circuit Court in the Eleventh Judicial Circuit.

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

Section 1. That Section 5180 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 5180. Eleventh Circuit. The Eleventh Judicial Circuit shall consist of the counties of Bennett, Gregory, Jackson, Jones, Lyman, Mellette, Tripp, the unorganized county of Todd attached to Tripp, and the unorganized county of Washabaugh attached to Jackson. Regular terms of court shall be held annually in each of said counties as follows: Bennett, on the third Tuesday in May and the third Tuesday in November.

Gregory, on the second Tuesday in April and the third Tuesday in

October.

Jackson, on the first Tuesday in March and the first Tuesday in September.

Jones, on the third Tuesday in March and the third Tuesday in September.

Lyman, on the fourth Tuesday in May and the fourth Tuesday in November.

Mellette, on the first Tuesday in May and the first Tuesday in November.

Tripp, on the first Tuesday in February, the second Tuesday in June and the first Tuesday in October.

Approved February 27, 1923.

CHAPTER 139.

(S. B. 247)

RELATING TO HOLDING COURT BY TWO JUDGES IN SAME COUNTY OR CIRCUIT

AN ACT Entitled, An Act Authorizing Two or More Circuit Court Judges to Hold Court at the Same Time in Any County or Circuit in the State Under Rules Prescribed by Supreme Court.

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

Section 1. It shall be lawful for any two or more Circuit Court Judges to hold court at the same time in any county or circuit in this state under such rules and regulations as the Supreme Court may prescribe.

Section 2. All Acts and parts of Acts contrary to the provisions of this Act are hereby repealed.

Approved March 8, 1923.

CHAPTER 140.

(S. B. 80.)

ACTIONS TO DETERMINE BOUNDARY LINES

AN ACT Entitled, An Act Relating to the Locating, Establishing and Marking of Land Boundaries, and Providing a Procedure by Action in the Circuit Court Therefor.

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

Section 1. Action to Determine Boundary Lines. An action may be

brought in the Circuit Court by any person owning land or any interest therein, against the owner or persons interested in adjoining land, to have the boundary lines thereof established; and when the boundary lines of two or more tracts depend upon any common point, line or landmark, an action may be brought by the owner or any person interested in any of such tracts, against the owners or persons interested in the other tracts, to have all of such boundary lines established. The court shall determine any adverse claims in respect to any portion of the land involved which it may be necessary to determine for a complete settlement of the boundary lines and the marking thereof, and may order a survey to be made by a competent surveyor of such boundary lines between such lands; and it shall make such order respecting the costs and disbursements, including the costs and expenses of a survey thereof and of the establishing any markings of such boundaries, between the parties to such action as it shall deem just.

Section 2. Pleadings, Procedure, Additional Parties. Such actions shall be governed by the general rules relating to pleadings, practice and procedure in civil actions, as near as may be, except as herein otherwise provided. When in any such action it appears to the court that any owner, lienholder, or person interested in any of the tracts involved ought, for a full settlement and adjudication of all the questions involved, to be made a party, the court shall stay the proceedings in said action and order that they be made parties defendant and be served with the summons therein.

Section 3. Judgment, Landmarks. Upon the trial of said action, the court shall make its judgment locating and defining the boundary lines involved by reference to well-known permanent landmarks, if any there be, or if none, then to such landmarks as may be placed or established for that purpose by the surveyor engaged in such work, and if it shall be deemed for the interest of the parties, after the entry of judgment the court may order a competent surveyor to establish and mark such boundaries by means of a stone or concrete block containing at least one cubic foot and planted in the earth at least eighteen inches deep from the top thereof, at the corners or boundaries of such lands, or if it is impossible or impracticable to place the same at the true and exact points where the same would otherwise be placed, then at the next nearest convenient point thereto, with the course and distance from the true and exact point plainly marked thereon, and in accordance with the order or judgment, and from which fuuture surveys of the land and boundaries embraced therein and adjoining lands and boundaries shall be made. Such landmarks so established, located and planted in the earth. shall have distinctly cut and marked thereon the words "Judicial Landmark" or "J. L." with the date that it was so placed and the name or initial letters of the name of the surveyor who placed the same. The . surveyor shall make a full and complete report of his action to the court, and therein accurately describe the landmarks so placed, and define their location as nearly as practicable.

Approved March 2, 1923.

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