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Section 4. That Section 53 of Chapter 333 of the Session Laws of 1919 be and the same is hereby amended to read as follows:

Section 53. The Highway Commission shall specify and may cause to be erected such standard guide and warning signs as it may deem necessary along the trunk highway system. Such signs shall be of uniform design throughout the state. It shall be illegal to erect or display any sign endangering the public or other guide or warning signs upon the trunk highway system except in case of emergency or when approved by the Highway Commission.

The public board or officer whose duty it is to repair or maintain any public highway shall erect and maintain at a point not nearer than fifty yards nor more than sixty yards on each side of any sharp turn, blind crossing or other point of danger on such highway, except railway crossings marked as required hereafter a substantial and conspicuous sign bearing in large letters the word "DANGER," which sign shall be on the right side of the highway approaching such point of danger. Any person or corporation owning, maintaining or operating any railway shall erect and maintain at a point not less than fifty nor more than sixty yards on each side of the place at which any highway crosses the railway track or right of way of such person or corporation, except within the limits of incorporated towns and cities a substantial and conspicuous sign bearing in lettering the following: "R. R. CROSSING," such sign to be on the right side of the highway approaching such crossing. If any person or corporation shall fail to erect any such sign or signs as are here required the county commissioners of the county in which such crossing or crossings are located shall cause such sign or signs to be erected and the county on relation of its state's attorney shall recover the cost thereof together with the sum of $100.00 penalty in a civil action against the person or corporation failing to erect such sign or signs. Any person or corporation violating any of the provisions of this Act shall be deemed guilty of a misdemeanor.

Section 5. That Section 54 of Chapter 333 of the Session Laws of 1919 be and the same is hereby amended to read as follows:

Section 54. All All moneys heretofore allotted or to be hereafter allotted to the State of South Dakota from the Federal Government as federal aid for roads, and all moneys levied and collected by the State of South Dakota by general state taxation for highway purposes, or received from the sale of bonds, or appropriated for highway purposes, shall be expended only in the laying out, marking, construction, reconstruction or maintenance of public highways forming the trunk highway system except such sums as are required for the maintenance of the Highway Commission as herein before provided; provided, however, that after the portion of the trunk highway system in any county has been constructed, any further available state or federal aid funds allotted to such county may be expended upon the county highway system in such county.

The State Highway Commission shall arrange, so far as practical, to distribute and use the state and federal aid highway funds in the several counties of the state in such manner that each county shall receive an amount equal to at least 75 per cent of the funds in the state highway funds on March 14, 1919, and the funds received into the state highway fund from appropriations, sale of bonds and federal aid, and in order to proceed with highway construction in a practical manner, the Highway Commission shall make an estimated allotment to the several counties of the state of the funds made available by

appropriations, authorized bond issues and South Dakota's share of federal aid based on the assessed valuation of the respective counties as fixed and equalized by the Tax Commission for 1919. Any further appropriation or authorized bond issue to be allotted on basis of assessed valuation for the year preceding the legislative session authorizing such appropriation or bond issue. Such allotment or apportionment shall not be construed to mean that each county's allotment shall become a separate fund, but shall be used as a guide to indicate the amount of funds to be used in each county and may be taken out of either state or federal aid funds, or both, in the discretion of the Highway Commission.

The remaining twentyfive per cent of such funds shall be at the disposal of the State Highway Commission after deducting the necessary expenses of the maintenance of the Commission as hereinbefore provided.

Section 6. That Section 58 of Chapter 333 of the Session Laws of 1919 be and the same is hereby amended to read as follows:

Section 58. The Highway Commission may arrange to have the work done by day labor, or by convict labor, or by arrangement with the Board of County Commissioners, and may use the county forces and machinery, and the cost of the labor, materials, small tools, and rental of equipment required to properly perform the work shall be paid by the State Treasurer upon payrolls and vouchers or on estimates approved by the highway engineer. The Boards of County Commissioners are authorized to bid for the county upon work in their respective counties or may enter into contract with the state, without submitting competitive bids at advertised lettings. Provided that the Board of County Commissioners shall be authorized to co-operate with the Highway Commission in the construction and maintenance of the state trunk highway system lying within their respective counties and shall be authorized to use and expend funds from its county road fund for that purpose.

The State Highway Commission is authorized to purchase machinery, equipment, surplus war materials and may arrange with municipalities or contractors to use any machinery so obtained by the Highway Commission according to such rules, terms and regulations as may be adopted by the Highway Commission. Money received from rental or sale of machinery or other surplus war materials or for freight or other charges shall be deposited with the State Treasurer and credited to the state highway funds.

Section 7. 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 9, 1923.

CHAPTER 285.

(S. B. 318.)

RELATING TO MAINTENANCE OF HIGHWAYS AND BRIDGES

AN ACT Entitled, An Act to Provide for State Maintenance of Certain Highways, Bridges and Culverts.

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

Section 1. It shall be the duty of the State Highway Commission to maintain, and keep in repair all highways or portions of highways, including the bridges and culverts thereon, which highways have been constructed or improved by said State Highway Commission and paid for in whole or in part by State or Federal Aid. Provided, however, that the State Highway Commission may at its option, maintain and keep in repair such other portion or portions of the State Trunk Highway system which have not been constructed or improved by the State Highway Commission, or the construction or improvement of which has not been paid for in whole or in part by state or federal aid.

The State Highway Commission is hereby empowered to cause the work hereinbefore provided for, to be performed by day labor, or by convict labor or by contract or by agreement with the Board of County Commissioners, and if such work is done by contract, such contract may be let with or without competitive bids as such Highway Commission may determine, and the said Highway Commission is hereby empowered to rent, hire or purchase the necessary tools, machinery and equipment for the performance of said work and to make such rules and regulations concerning the use, care and keeping of such tools, machinery and equipment and the performance of said work as in its judgment it shall deem best. Any expenses incurred under the provisions of this section shall be paid out of the State Highway fund in such manner and at such times as the State Highway Commission shall determine.

Approved March 12, 1923..

CHAPTER 286.

(S. B. 143.)

RELATING TO RIGHT OF WAY FOR HIGHWAYS

AN ACT Entitled, An Act to Amend Section 56 of Chapter 333 of the Session Laws of 1919, Relating to Highways.

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

Section 1. That Section 56 of Chapter 333 of the Session Laws of 1919 be and the same is hereby amended to read as follows:

Section 56. Each county shall acquire and pay for any lands or right-of-way of any section of the Trunk Highway to be improved. The county shall take title to such lands. Provided, that if by order of the State Highway Commission it shall be necessary for the Board of County Commissioners to acquire any land or lands outside of the limits

of any public highway in order to comply with any order issued by the State Highway Commission for the purpose of making a safe and proper grade, the board of county commissioners shall proceed to acquire title to any such land or lands in the name of and for the use of the county for highway purposes. Such land or lands may be acquired either by purchase or condemnation, and the proceedings shall be by resolution duly adopted and recorded in the office of the county auditor of the county. In case the owner of any such land or lands and the board of county commissioners cannot agree upon the price to be paid for any such land or lands by the county, the board of county commissioners may appoint a board of appraisers of three disinterested persons, or if demanded by the owner within ten days after the service of the resolution to condemn, the Board of County Commissioners shall appoint one disinterested person, the owner another and these two shall appoint a third not resident of the township in which said land or lands are situated, who shall make a careful inspection of such land or lands and fix a value upon the same, taking into consideration any benefits or damages that may accrue to such owner by the acquiring and use of any such land or lands. Such appraisal duly made and filed in the office of the county auditor shall be presumed to be the true value thereof and shall be the amount of the payment therefor by the board of county commissioners, unless changed by the judgment of a jury in the Circuit Court. Immediately after such appraisal has been made by the appraisers appointed as above provided the county auditor shall deliver a copy of such appraisal to the owner of such land or lands so appraised and if the owner of such land or lands is not a resident of the county and unknown to the county auditor he shall publish the result of such appraisal in the official newspapers of the county in two issues thereof, setting forth that such appraisal of such land or lands is in pursuance of proceedings to acquire such land or lands for highway construction purposes and that the county is prepared to and will pay the amount fixed by such board of appraisers for such land or lands to be used for such purposes. Upon completion of these proceedings, the board of county commissioners may proceed to use such land or lands for highway construction purposes. Provided further, that the proceedings above prescribed for acquiring lands for construction of highways by order of the State Highway Commission may also be followed in acquiring lands for highway construction by the board of county commissioners when such construction of highways is wholly within the hands of the board of county commissioners and paid for by county funds. The same may apply to the board of township supervisors in the construction of township highways. The above award of damages with settlement for any such land or lands shall be subject, however, to appeal therefrom to the circuit court and any person aggrieved by any award of damages made under the provisions of this act for lands taken for highway construction purposes may appeal from such decision to the circuit court in the manner prescribed for appeal from other decisions from the board of county commissioners. An appeal so taken shall be docketed as in other cases pending in Circuit Courts and the case shall be heard and determined de novo.

Approved March 12, 1923.

State Livestock Sanitary Board

CHAPTER 287.

(H. B. 168.)

RELATING TO ERADICATING CONTAGIOUS DISEASE IN LIVESTOCK BY COUNTIES, CITIES AND TOWNS

AN ACT Entitled, An Act Authorizing Counties, Cities and Towns to Expend Money for the Control or Eradication of Infectious, Contagious and Communicable Diseases of Livestock.

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

Section 1. That boards of county commissioners and governing bodies of cities and towns are authorized to appropriate and expend money for the control or eradication of any infectious, contagious and communicable diseases among livestock within their respective corporate limits. Such funds shall be used in cooperation with the State Livestock Sanitary Board and the Federal Bureau of Animal Industry. Approved March 2, 1923.

CHAPTER 288.

(H. B. 113)

RELATING TO VETERINARIES

AN ACT Entitled, An Act to Amend Section 8086 of the South Dakota Revised Code of 1919 as Amended by Chapter 340 of the Session Laws of 1919, Relating to the Livestock Sanitary Board, Defining Veterinary Practice, Regulating the Use and Handling of Hog Cholera Virus and Other Virulent Disease Germs, and Providing a Penalty.

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

Section 1. That Section 8086 of the South Dakota Revised Code of 1919 as amended by Chapter 340 of the Session Laws of 1919, be and the same is hereby amended to read as follows:

Section 8086. Any person who shall apply or prescribe any drug, medicine or other agency, or shall perform any operation for the treatment relief or cure of any diseased or injured domestic animal, or who shall publicly profess to so treat domestic animals; or who shall append or cause to be appended to his name upon any sign or in any published advertisement any of the following words or abbreviations, shall be regarded as practicing veterinary medicine or surgery, as the case may be, within the meaning of this article: Veterinary, veterinarian, veterinary surgeon, veterinary dentist, veterinary farrier, veterinary horseshoer, horse dentist, or horse doctor, V. S., D. M. V., M. D. C., D. V. S., M. R. C. V. S. Provided that nothing in this article shall be

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