Section 2. After ten days written notice to any person or persons violating the provisions of Section 1 hereof, the governing body, board or officer having charge of such public highway or of the construction, maintenance or repair of a road along such highway, may ditch, tile or otherwise care for or remove the water causing such obstruction, damage or interference, and the city, town, township, county or state, as the case may be, shall be entitled to recover from such person or persons the amount necessarily expended and such action may be commenced in any court in the county having jurisdiction thereof.

Approved March 8, 1923.

CHAPTER 206.

(H. B. 17)

RELATING TO HIGHWAY SIGNS

AN ACT Entitled, An Act to Amend Chapter 252 of the Session Laws of 1921 Relating to Highway Signs.

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

Section 1. That Chapter 252 of the Session Laws of 1921 is hereby amended to read as follows:

Section 1. It shall be unlawful for any person to deface, obliterate, remove, destroy or in any manner molest or interfere with any notice, road sign, mileage post, or directing device placed, erected, or set up upon or along any highway under authority of the State or United States, or any county, city, town, or village. Any person found guilty of violating the foregoing provisions shall be deemed guilty of a misdemeanor.

Provided, that this Act shall in no wise affect the provisions of Section 53, Chapter 333, Session Laws of 1919.

Approved February 2, 1923.

Horticulture

CHAPTER 207.

(H. B. 284)

RELATING TO MEETINGS OF STATE HORTICULTURAL SOCIETY

AN ACT Entitled, An Act to Amend Section 8013 of the Revised Code of 1919 Relating to Meetings of the Horticultural Society.

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

Section 1. That Section 8013 of the Revised Code of 1919 is hereby amended to read as follows:

Section 8013. Meetings. Such society shall meet at such time and place as may be designated by the members or by the executive committee. The officers of the society shall be elected for one year, and consist of a President, Vice-President, Secretary, Treasurer and Librarian.

Approved March 6, 1923.

Insane

CHAPTER 208.

(S. B. 31)

RELATING TO CARE OF INSANE

AN ACT Entitled, An Act Amending Sections 10066, 10067, 10068, 10070, 10071, 10073, 10087 and 5477 of the South Dakota Revised Code of 1919, and Section 10072 of the South Dakota Revised Code of 1919, as Amended by Chapter 228 of the Laws of 1919, Relating to the Insane, and Providing Penalty for Same.

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

Section 1. That Section 10066 of the South Dakota Revised Code of 1919 be amended to read as follows:

Section 10066. Board of Insanity. In each county in the state there shall be a Board of Commissioners consisting of the County Judge, State's Attorney and a reputable practicing physician appointed by the Board of County Commissioners, to be styled as a Board of Insanity, two of whom shall constitute a quorum. The County Judge shall be the Chairman of such Board and the State's Attorney its Clerk. In the absence of the Chairman, or his inability to act, the State's Attorney shall be ex-officio chairman of such Board, vested with all the powers and

prerogatives of the chairman during such absence or inability of the Chairman to act. In case of the temporary absence or inability of either of such members to act, the chairman or acting chairman shall call to his aid a reputable practicing physician or licensed attorney and counselor at law or both, who after qualifying as in other cases, may act in the same capacity. The record in such cases must show the fact of such absence.

Section 2. That Section 10067 of the South Dakota Revised Code of 1919 be amended to read as follows:

Section 10067. Oath. Before entering upon the duties of his office, each of the persons constituting such Board shall take and subscribe an oath or affirmation to support the Constitution of the United States and of this State, and to faithfully discharge his official duties according to law, which oath shall be filed in the office of the County Auditor and be entered in a record to be known as the "Insane Record" in said office.

The Board shall hold its meetings for business at the office of the chairman unless for good reason it shall select some other place; if it deems it necessary or advisable, it may hold sessions at such times as it may fix. It shall also meet on notice of the chairman of the Board. Section 3. That Section 10068 of the South Dakota Revised Code of 1919 be amended to read as follows:

Section 10068. Chairman-Duty. The Chairman or acting chairman of such Board shall sign and issue all notices, appointments, warrants, subpoenas or other process required to be given or issued by the Board. He shall file in the office of the Clerk of Courts all papers connected with any inquest of the Board, and properly belonging to his office with all notices, reports and other communications. It shall be the duty of the Clerk of Courts to keep separate books in which to record the proceedings of the Board and his entries shall be sufficiently full to show with the papers filed, a complete record of the findings, orders and transactions of the Board. The notices, reports and communications herein required to be given or made may be sent by mail unless otherwise expressed or implied, and the fact and date of such sending or reception must be noted on the proper record.

Section 4. That Section 10070 of the South Dakota Revised Code of 1919 be amended to read as follows:

Section 10070. Application Application for admission to the Hospital for the Insane must be made to the chairman or acting chairman of the Board and must be made in writing in the nature of an information verified by affidavits. Such information must allege that the person on whose behalf the application is made is believed by the informant to be insane and a fit subject for custody and treatment in the hospital for the insane, and shall contain a statement of facts upon which such belief is based; that such person is in the county and has a legal settlement therein, if such is known to be the fact, and if such settlement is not in the county where it is, if known, or where it is believed to be, if the informant is advised on the subject. If satisfied that there is reasonable cause for believing such person to be insane, the chairman or acting chairman of the Board may issue a warrant and cause such person to be taken into custody unless he deems it advisable to await the action of the full Board as set out in Section 10071.

Section 5. That Section 10071 of the South Dakota Revised Code of 1919 be amended to read as follows:

Section 10071. Investigation by Boards. On the filing of an information as provided in the preceding section, the Board shall at once take steps to investigate the grounds upon which the information is based. For such purpose it may require that the person for which such admission is sought be brought before it and examination be had in his or her presence, and it may issue warrant therefor, and provide for the suitable custody of such person until the investigation shall be concluded. Such warrant may be executed by the Sheriff or any constable in the county or by any person especially appointed by such Board, or if the Board shall be of the opinion from such preliminary inquiries as it may make and in making which it shall take the testimony of the informant it deems necessary or desirable and of other witnesses, if offered, that such course would probably be injurious to such person or attended with no advantage, it may dispense with such presence. In its examination, it shall hear the testimony for and against such application, if any is offered, and cause a record of the testimony to be made in duplicate, and filed in the office of the Clerk of Courts. The person charged with being insane or any citizens of the county or any relative of the person alleged to be insane may appear and resist the application, and any person authorized to appear may appear by counsel. The Board, whether it decides to dispense with the presence of such person or not, shall require the member of the Board who is the practicing physician thereof, to visit or see such person and make a personal examination, touching the truth of the allegations in the information and touching the actual condition of such person and forthwith report to it thereon, and the member of the Board so acting shall certify in his own hand that he has in pursuance of his duty made a careful examination as required and upon such examination he finds the person in question to be insane, if such be the fact and if otherwise, not insane; and in connection with said examination such physician shall endeavor to obtain from the relatives of the person in question or from others who know the facts, correct answers so far as may be, to the interrogatories required to be propounded in such cases, which interrogatories and answers shall be attached to his certificate, and such interrogatories, answers and certificates shall be made in duplicate, one copy to be filed in the office of the Clerk of Courts and one to be transmitted to the Superintendent of the Hospital for the Insane as herein provided.

Provided, however, that before final findings are agreed to upon request of the person reported to be insane or any other person interested in such case, or upon the Board's own motion it may appoint a regularly practicing physician of the county to act with the Board in any case in which there may arise any doubt in the minds of the Board or the persons interested in such case as to the sanity of the person charged with being insane.

Section 6. That Section 10072 of the South Dakota Revised Code of 1919 as amended by Section 2 of Chapter 228 of the Laws of 1919 is hereby amended to read as follows:

Section 10072. Findings. On the return of the certificate of the member of the Board being a physician, the Board shall as soon as practicable, conclude its investigation and having done so, it shall decide whether the person alleged to be insane in insane or not; whether if insane, is a fit subject for treatment and custody in the hospital for the insane; whether the legal settlement of such person is in its county, and if not, where it is, if ascertained; the name and age of such reported insane person, whether married or single, and if married, the name and place of residence of the husband or wife; if single, whether widowed or divorced;

whether any children, if so, the names, ages and place of residence of such; whether father or mother and place of residence, if living, and last place of residence, if dead; whether such insane person has an estate, or the prospective inheritance of an estate, with any further information the Board may obtain relating thereto; the name and place of the residence of any other person or persons who are legally bound to support such insane person, which findings shall be made in quadruple; one copy of which to be filed with the papers relating to such case in the office of the Clerk of Courts; one copy to be filed in the office of the Clerk of Courts; one copy to be filed in the office of the County Auditor of the county in which the legal settlement of such insane person is found to be; one copy to be sent to the State Auditor, and one copy to be sent with the duplicate warrants and duplicate certificate and interrogatories of the examining physician or physicians, and a copy of the testimony herein authorized to the Superintendent of the Hospital for the Insane. If it finds such person is not insane, it shall order his or her discharge, if in custody; if it finds such person insane and a fit subject for treatment and custody in the Hospital for the Insane, it shall forthwith issue its warrant in duplicate, stating such findings with the settlment of such person, if found, and if not found, its information, if any, in regard thereto authorizing the Superintendent of the Hospital for the Insane to receive and keep such person as a patient therein.

If the legal settlement of such person is found to be without the county, the Board shall forward to the State Auditor and also to the County Auditor of the county in which such legal settlement may be found, if known to the Board, in addition to a copy of its findings as to such legal settlement, a summary of the proofs upon which such findings are based. Provided, that before making a final judgment and a permanent record in any case in which the Board is in doubt whether such person is insane, and in case where it appears that such person is only temporarily insane. The Board may commit such person to the State Hospital for the Insane for examination, observation and treatment by the Superintendent of the Hospital for the Insane, and may adjourn the hearing for a reasonable time, and from time to time until opportunity has been given such Superintendent to pass an opinion as to the mental condition of such person. Upon receipt of such opinion from such Superintendent or prior thereto, the Board may take final action.

Section 7. That Section 10073 of the South Dakota Revised Code be amended to read as follows:

Section 10073. Patients Sent to Hospital. Whenever a person shall by such Board be adjudged insane or committed for examination and observation, it shall be the duty of the chairman of such Board of the county in which such person is so adjudged, to notify the Superintendent of the Hospital for the Insane by forthwith forwarding to him a duplicate copy of the report of the examining physician and a duplicate warrant committing the patient, together with a copy of the record of the testimony and the findings of the Board, and in case the Superintendent of the Hospital for the Insane shall determine that such person so adjudged insane is a proper subject for care and treatment in such hospital, such superintendent shall forthwith send a suitable person from among the employes of the hospital who has had experience in the case of insane persons, to the county seat of the county in which such person is adjudged insane is held, which employee shall act as attendant for and shall take charge of such insane person while enroute to the hospital for the insane. It it should be determined by such attendant and the Chairman of the County Board of Insanity, that help is necessary in conveying