school at a uniform, reasonable cost which shall be determined by the county or central high school board.

Section 5. Teachers and Course of Study. The county or central high school board shall employ a principal of the high school who shall possess all the qualifications necessary for a principal of a four year accredited high school and who shall be employed for twelve months in the year. The board shall employ such other teachers as may be necessary to maintain a four year accredited high school. The course of study pursued in all county or central high schools established under the provisions of this act shall be submitted to the Superintendent of Public Instruction for approval and shall contain special courses in vocational agriculture, home economics and rural teacher training, which courses shall be entitled to receive state aid in the same manner as is provided for such other state aid departments in high schools of the state. Provided further, that if in the judgment of the county or central high school board there is sufficient demand therefor, it may order established night schools for instruction in citizenship or such other instruction as it may deem expedient.

Section 6. Provided, that any independent district or common school district not included within the county or central high school district at the time of the organization of the high school district, may avail itself of the provisions of this act upon a majority vote of the electors of such independent district or territory, cast at a special election called for that purpose in the same manner as is provided for other special elections. Section 7. All acts and parts of acts in conflict with this act are hereby repealed.

Approved March 12, 1923.

CHAPTER 175.

(H. B. 191)

RELATING TO THE FORMATION OF SCHOOL DISTRICTS FROM INDEPENDENT DISTRICTS

AN ACT Entitled, An Act to Provide for the Formation and Organization of a Common School District Out of Territory Embraced Within an Independent School District.

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

Section 1. A common school district or common school districts may be formed and organized from territory embraced within an independent school district which has a city or incorporated town within its boundaries in the following manner:

Provided, that the proposed common school district shall have an area of not less than thirty-eight hundred (3,800) acres. Provided further, that no portion of an incorporated city or town in such independent district shall be included in said proposed common school district, and provided further, that the portion of an independent district where a high school is maintained, remaining after such proposed common school district or districts shall have been formed shall contain property of an assessed valuation of at least five hundred thousand dollars ($500,000.00) as last fixed by the Tax Commission.

Application by written petition for the formation and organization of such a district must be made by a majority of the electors and real property owners combined, of the territory which it is proposed to exclude from the independent school district and organized as a common school district and such petition shall be filed with the clerk of the circuit court of the county in which the proposed district is located. A plat shall be prepared showing the two districts and such plat shall be attached to the petition requesting the formation of the new districts and the petition shall state that a division of the school district is desired in accordance with the attached plat. Upon the filing with the clerk of courts of any such petition the circuit court shall, within ten days thereafter, by order, fix a time and place for a hearing upon such petition, notice of which shall be given by publication in at least one legal weekly newspaper published in the district affected by such petition, for two successive weeks, the last publication of which shall be at least ten days prior to the day set for hearing, provided that such notice shall be posted in three of the most public places within the district or districts at least twenty days before the date of said hearing if no legal newspaper is published within the independent school district. Upon the filing of such petition and the giving of such notice the circuit court shall have full jurisdiction of all matters referred to in such petition upon the hearing specified in such notice. The court shall have full authority, by order, to fix and determine and shall by order fix and determine the boundaries of the districts affected, either as designated in the petition or as subsequently modified and shall have authority to refuse the petition, if in the judgment of the court, the interests of the district or districts should so require.

Section 2. If a division of the district is ordered by the circuit court such order shall become effective on the first of July thereafter, and the county superintendent shall appoint temporary officers of the newly organized common school district who shall serve until the first annual school election and until their successors are elected and qualified.

Section 3. The circuit court shall make an equitable apportionment of the property and indebtedness of the districts affected by the division; provided that should there be any bonded indebtedness outstanding against the district the liabilities of such bonded indebtedness shall not be transferred from the district or territory against which it was originally incurred and an annual tax shall be levied against such territory sufficient to pay the interest and principal of the bonds as the same become due.

Approved March 12, 1923.

CHAPTER 176.

(H. B. 79.)

RELATING TO BONDS OF INDEPENDENT SCHOOL DISTRICTS

AN ACT Entitled, An Act to Amend Section 7609 of the South Dakota Revised Code of 1919, as Amended by Chapter 174 of the Session Laws of 1919, Relating to the Issuing of Bonds by Boards of Education in Independent School Districts and Consolidated School Districts.

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

Section 1. That Section 7609 of the Revised Code of 1919, as amended by Chapter 174 of the Session Laws of 1919, be and the same is hereby amended to read as follows:

Section 7609. Limit of Issue, Sinking Fund. No Board of Education in any independent school district, or any consolidated school district. shall issue bonds in the amount, which, with the outstanding indebtedness of the district, shall exceed five per cent of the asssessed valuation of the taxable property within such district, as fixed by the Tax Commission for the year preceding the issuing of such bonds, except when they are for funding or refunding purposes, but the amount of such funding or refunding bonds, with the debts not funded or refunded, shall not exceed such limitation; and at or before the issuing of any bonds such board, by resolution, shall provide for the collection of an annual tax sufficient to pay the interest and also the principal thereof when due for the entire term of years of which said bonds are to run; and all such levies when legally made shall be irrepealable until such debt shall be paid. The interest and sinking fund thus provided for shall be set apart by the treasurer of such corporation, and shall not be used for any other purpose.

The sinking fund shall be applied to the payment of the bonds at or below par; provided, that such Board may, in its discretion purchase any of its outstanding bonds at or below par and pay for the same out of the sinking fund on hand in the treasury. Provided, the interest fund shall be applied to the payment of the interest coupons on any bonds whenever they become due. Provided, that when any such Board of Education has legally made such levies as provided, for the payment of interest and bonds when due, they shall cause to be filed in the office of the County Auditor, in the county in which such school district is situated, a certified copy of such yearly levies. The County Auditor shall have power to levy, such tax from year to year to meet said interest and sinking fund when due, without further notice or demand from any such school district.

Approved March 2, 1923.

CHAPTER 177.

(H. B. 31.)

ANNEXING AND DETACHING TERRITORY, INDEPENDENT SCHOOL DISTRICTS

AN ACT Entitled, An Act to Amend Section 7536 of the Revised Code of 1919, Relating to the Annexation and Detaching of Territory to and from Independent School Districts.

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

Section 1. That Section 7536 of the Revised Code of the State of South Dakota be and the same is hereby amended to read as follows:

Section 7536. Territory adjacent to any independent school district may be included therein, and territory within any independent school district may be taken therefrom and included in any adjacent district in the following manner:

1. The application for such change shall be in writing and signed by the petitioners. The application must be signed by a majority of the combined number of resident electors, and owners of real property, located within the territory sought to be included or excluded from any independent district. Said application shall also describe the real property with reasonable certainty sought to be included or excluded from said independent school district.

2. Upon receipt of such petition the County Superintendent of Schools shall call a committee to decide upon granting or refusing the petition. Such committee shall consist of County Superintendent of Schools, the President of the Board of Education of such Independent School District, and the Chairman of the other School District Board to be affected by such proceeding. Provided, however, that the County Superintendent shall send by registered mail written notice to all property owners of the territory to be attached or detached at their last known address at least ten days prior to the date of said meeting and all such persons so notified, shall, if they desire, appear and be heard by said committee.

3. The committee shall consider the inteersts of the corporations concerned, the convenience and equities of the petitioner, and the permanent school interests, and if they deem it proper, shall grant the petition and issue an order authorizing the attachment or exclusion of such territory to or from the independent school district or school district to which it is adjacent. The committee shall also have power to adjust all property interests involved in the change which concerns the corporations interested. Before the issuance of any order authorizing the change, it shall make an equitable adjustment of any question of indebtedness involved.

4. Record of the decision of the committee shall be transmitted to the clerks of the School Board, and Board of Education interested for record and a copy forwarded to the County Auditor by the County Superintendent of Schools and a copy thereof if the decision be adverse to the petitioners, be served upon the petitioners by the County Superintendent of Schools.

5. Such territory shall if no appeal be taken therefrom, take effect sixty days from the date of the order authorizing such change. Such order, however, shall not be issued until after the action and decision of the committee is duly recorded by the Board of Education and the District School Board: Provided that territory more than two miles from the

limits of the city or town within the independent district shall not be considered "adjacent territory" within the provisions of this section, unless the electors of such territory shall unanimously petition that it be so considered; Provided further that when the inclusion of the adjacent territory within two miles of the city or town limits will leave territory in any district or districts, that it is impracticable or inconvenient for school purposes and can not be equitably attached to any other district, then upon a petition by a majority of the combined number of resident electors and real property owners in such territory, the same may be included in the independent district.

6. An appeal may be taken from any decision of the committee by any or all the petitioners, or by any of the school districts interested, to the Circuit Court of the County, in which the territory proposed to be included or excluded is situated, upon notice in writing to the other interested petitioners, that is, to the committee and school boards and boards of education interested, and the petitioners, as the case may be, by service upon any member of the committee or any member of each of the school boards or boards of education interested, and upon any one of the petitioners, if it be joint petition, and upon filing a bond with such Notice of Appeal in the office of the Clerk of Courts in the sum of $250.00, with at least two sureties to be approved by the Clerk of Courts conditioned that appellant will pay all costs that may be adjudged against him. A copy of the notice of appeal shall also be served upon the County Superintendent. Said appeal to be taken within thirty days after the decision shall have been duly recorded as aforesaid, and notice thereof served upon the adverse petitioner or petitioners. Proof of the service of such Notice of Appeal by affidavit shall be filed with the Clerk of Courts, after the filing of the Bond for costs and proof of service of the Notice of Appeal in the office of the Clerk of Courts, the County Superintendent shall within five days transmit to the Clerk of Courts the petition and decision of the committee and all original papers in the matter in controversy. Such committee may be compelled by the court to transmit such decision and petition and original papers, and may be fined for neglect or refusal to transmit the same. The matter so appealed from shall be entitled in the names of the petitions appealing as plaintiiffs, and the other interested parties as defendants. No notice of issue or notice of trial need be served, to have it placed upon the trial calendar and the same shall come on for trial in its regular order at the first regular term. following the taking of the appeal. The trial in the Circuit Court shall be de novo, according to the rules relating to special proceedings of a civil nature and shall be triable to the court without a jury, and the court shall enter such final judgment or order as the circumstances of the case may require, which judgment or order may be enforced by a writ of exclusion, mandamus, prohibition, or by attachment as for contempt.

Approved March 6, 1923.