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CHAPTER 303.

(H. B. 69.)

RELATING TO TERMS OF COURT IN UNORGANIZED COUNTIES

AN ACT Entitled, An Act to Provide for Terms of Court in Unorganized Counties on Order of Circuit Judge to that Effect.

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

Section 1. The Circuit Judge, whenever he shall deem it necessary, shali have the power upon his own motion, by an order to that effect, to appoint and hold special terms of court in any unorganized county within his circuit at such place within said unorganized county as he shall in said order direct, and such special terms shall be regarded the same for all purposes as the regular terms prescribed by sections 5170 to 5181 inclusive of the South Dakota Revised Code of 1919; provided that the order for any such special term shall be filed in the office of the Clerk of Courts of the organized county to which said unorganized county is attached at least ten days before the opening of said term.

Section 2. The Clerk of Courts and the sheriff of the organized county to which any such unorganized county is attached shall have the same duties with reference to special terms of court in unorganized counties hereinbefore provided for, as they have for regular terms of court in their own county.

Section 3. The jurors for any such special terms of court in unorganized counties shall be drawn and summoned from the said unorganized county in the same manner and by the same officers as provided for in Sections 5283 to 5302 inclusive of the South Dakota Revised Code of 1919, the respective officers of the organized county to which said unorganized county is attached performing the duties therein prescribed. Section 4. That section 5185 of the South Dakota Revised Code of 1919 be amended to read as follows:

Section 5185. Terms Held at County Seat. All terms of the circuit court within and for each county shall be held at the county seat thereof; provided, however, that in the event the circuit judge shall order a special term of court in any unorganized county that then such terms may be held at any place the circuit judge may in his order direct.

Section 5. All acts or parts of acts in conflict with this act are hereby repealed.

Approved February 13, 1923.

CHAPTER 304.

(H. B. 74.)

ATTACHING TODD COUNTY TO TRIPP COUNTY

AN ACT Entitled, An Act Amending Section 5846 of the South Dakota Revised Code of 1919, as Amended by Section 1 of Chapter 354, Session Laws of 1919, Relating to Unorganized Counties and Providing for the Transfer and Transcribing of the Books, Files and Records of the Unorganized County of Todd.

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

Section 1. That Section 5846 of the South Dakota Revised Code of 1919 as amended by Chapter 354 of the Session Laws of 1919 be and is hereby amended to read as follows:

Section 5846. Counties Attached to Others, For What Purposes. The unorganized county of Armstrong is attached to the county of Stanley; the unorganized county of Shannon is attached to the county of Fall River; the unorganized county of Washabaugh is attached to the county of Jackson; the unorganized county of Washington is attached to the county of Pennington; and the unorganized county of Todd is attached to the county of Tripp for judicial purposes and for all purposes connected with the filing of chattel and real estate mortgages and deeds or other conveyances, the foreclosure of all chattel and real estate mortgages, and the making of foreclosure sales thereunder or foreclosure sales of pledges.

Section 2. It shall be the duty of the County Commissioners of Tripp County to secure at once a full, true and complete transcript of all the records, books and files of the said unorganized county of Todd or of the county formerly known as Meyer as they may relate to or in any manner affect property rights or interests within such unorganized county, and when such records are transcribed and certified to as hereinafter provided, they shall have the same force and effect as though originally filed and recorded in said Tripp county, and as the records of such Tripp county, and shall be received in all courts in evidence with the same force and effect as such original records; provided, that no transcript shall be made of any record affecting property located in the said unorganized county of Todd which shall have been prepared or recorded in a separate Todd or Meyer county book, or filed as a separate document by the officers of the county to which such unorganized county was attached, but the original records so prepared shall be delivered to the officers of the county of Tripp upon payment of the costs thereof as hereinafter provided. The provisions of this section shall apply to all books, records and files pertaining in any manner to the affairs of said unorganized county of Todd, including especially the assessor's books, listing blanks, schedule and tax lists.

Section 3. The County Commissioners of Tripp county shall let the work of transcribing such records, or any part thereof, by contract to the lowest and best competent and responsible bidder, and no bids shall be accepted or allowed therefor in excess of the sum of eight thousand dollars; and before the awarding of a contract to any bidder, all bids shall be published at least once in a newspaper of general circulation in Tripp county. Such records shall be transcribed and certified in the manner provided by Section 5782 of the South Dakota Revised Code of 1919, and under the requirements of Section 5783 thereof. It shall be the duty of the Commissioners of Tripp County, as soon as the work of

transcribing the records has been completed, to file a certificate to that effect with the Auditor of Tripp County, and until such certificate shall have been filed, any and all instruments and matters of record filed and recorded in Lyman County, pertaining to the property, rights and interests of the unorganized county of Todd, shall be deemed constructive notice to all purchasers or incumbrancers, the same as though such instruments or matters of record had been transcribed. Any matter pertaining to the transcribing of such records not herein specifically designated, shall be left to the discretion of the Board of Commissioners of Tripp County, subject to the right of appeal as provided by law. Should there not be sufficient funds belonging to said Todd County out of which to pay the expense incurred under the provisions of this Act, the County Commissioners of Tripp County shall levy a tax upon the assessable property of said Todd County, sufficient for that purpose. All claims of Lyman County or its officers against the unorganized county of Todd, or upon any of its funds, which have not been paid when this Act takes effect, shall be audited and allowed by the Board of Commissioners of Tripp County, and if there shall at that time be any funds belonging to said Todd County in the hands of Lyman County or any of its officers, the same shall be transferred at once to the proper officers of Tripp County.

Approved February 21, 1923.

CHAPTER 305.

(H. B. 280.)

RELATING TO TAX LEVY

AN ACT Entitled, An Act to Amend Section 6750 of the South Dakota Revised Code of 1919, Relating to the Levy of Taxes in Unorganized Counties.

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

Section 1. That Section 6750 of the Revised Code of 1919 is hereby amended to read as follows:

Section 6750. In Unorganized Counties. The board of county commissioners of each organized county to which any unorganized county is attached for state, judicial or other purposes, shall at the time and in the manner specified in the preceding section levy taxes on all taxable property assessable in such unorganized county, for the following purposes only:

1. For all costs of criminal prosecutions arising in such unorganized county.

2. For support of the insane such an amount as may be due the state or county for the support of the insane from such unorganized county, including expenses and costs in insanity cases arising in such unorganized county.

3. For all costs of general elections and assessment, extension and collection of taxes in such unorganized county.

4. For additional salary for the state's attorney and county judge of the organized county, in such amount as is or may hereafter be allowed by law.

5. For the support and relief of the poor.
Approved March 8, 1923.

Warehouses

CHAPTER 306.

(S. B. 137.)

RELATING TO FARM STORAGE WAREHOUSES

AN ACT Entitled, An Act Relating to Farm Storage Warehouses for Grain; Providing for the Storage, Measuring, Inspection, Grading and Insurance of Grain in Licensed Warehouses on the Farm; Providing for the Issuance of Negotiable Warehouse Receipts Secured by Grain Held in Licensed Farm Warehouses, and Defining the Duties of the Board of Railroad Commissioners Thereto.

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

Section 1. Farm Warehouses, Storage. That any land owner tenant or manager of any lands in this state may store wheat or any other grain upon said land in a farm warehouse built and situated thereon and receive a warehouse receipt for same by complying with the provisions of this act.

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Section 2. License, Application. Any person coming under the provisions of this act and desiring to avail himself of the provisions thereof shall file with the county Clerk of Courts of the county wherein said warehouse or warehouses are located an application for a license stating the exact location of the building or buildings, the material of which they are made, the name or names of the owners thereof, and if it shall appear from such application that said building or buildings are suitable structures in which to store wheat and other grains, the applicant shall receive from the county Clerk of Courts of the county a license designating such building or buildings as farm warehouses, which license shall be good for the period of one year thereafter, unless it shall be canceled by the county Clerk of Courts on the recommendation of a regularly appointed warehouse inspector after an examination as provided herein. Such application shall be accompanied by a license fee of twentyfive cents which shall be paid to the County Clerk of Courts. The application herein provided for shall be made under oath by the party or the agent of the party to whom the license is to be issued.

Section 3. Receipts, Duties of Inspector. Whoever holds a license as herein provided for shall be entitled to have issued on grain stored in the farm warehouse or warehouses a warehouse receipt or receipts to be issued by the county warehouse inspector; said receipt to be made upon a form prescribed and approved by the Attorney General of the State of South Dakota. Before issuing warehouse receipt or receipts, the party desiring to secure the same shall first file an application with the county warehouse inspector which application shall state the legal description of the land whereon the farm warehouse or warehouses are located; the amount of the several kinds of grain in bushels contained in such warehouse or warehouses according to his best estimate and the quality thereof; said application shall be accompanied by a fee of $5.00 which sum shall be paid to and retained by the county farm warehouse inspector for his services in the performance of the duties of his office.

Section 4. Grain Inspection. Whenever such application is received the county farm warehouse inspector shall proceed to inspect the several kinds of grain contained in said warehouse or warehouses; shall cause the same to be graded and shall measure the several kinds of grain contained therein by cubic measure or by weight and when the grade shall have been fully determined, shall then issue the applicant and holder of the license a warehouse receipt or receipts in the form prescribed by the Attorney General, which shall be under the signature of the warehouse inspector and shall describe the legal description of the land and the location of said warehouse or warehouses, the number of bushels of the several kinds of grain contained therein and the grade and quality thereof. At the same time he shall place upon said warehouse or warehouses in a conspicuous place thereon, notice that the same has been inspected and state the amount and kind of grain therein and the date of expiration of the warehouse license.

Section 5. Warehouse Receipts Negotiable. All warehouse receipts issued as herein provided for are and the same hereby are made negotiable, transferable and assignable. Provided, when said warehouse receipt is issued to a tenant it shall be issued only for length of time of land lease, unless consent of landlord be given for extension of time. Such warehouse receipt forms shall be provided with spaces upon which shall be entered the name of the purchaser, assignee, or the person or firm making advances upon such grain, together with the amount of such advances, but when such warehouse receipts are negotiated or used as collateral for advances, the right or title of the holder to the grain described in the receipt shall not be greater than the amount of the advance together with accrued interest.

Section 6. Insurance at Full Value. Any person to whom warehouse receipts are issued shall keep the grain in such warehouse or warehouses owned or controlled by him insured against loss by fire, tornado and windstorm in some good and responsible insurance company to the extent of the full insurable value thereof and it shall be the duty of the county warehouse inspector at the time of making his examination to determine that this provision has been complied with.

Section 7. Inspector-Appointment. The Board of County Commissioners of each county is hereby authorized and upon petition of twenty farmers resident within the county, is directed to appoint one or more men as may be needed who shall be competent to serve as warehouse inspectors who shall be residents of the county, for the purpose of carrying out the provisions of this Act in such county and such warehouse inspectors shall receive from each applicant for the warehouse receipt or receipts a fee of $5.00, only. Provided further, that before entering upon the discharge of his duties as such officer each inspector shall take an oath for the faithful and impartial performance of his duties and shall give bond to the county for the faithful discharge of his duties in a sum to be fixed by the Board of County Commissioners, not less than $5,000.00; said bond to be approved by the Board of County Commissioners. The county warehouse inspector shall be required to file weekly with the county Clerk of Courts, a statement of the amount of grain inspected, giving names of parties to whom certificates were issued, stating kinds of grain and the amount of fees collected. The Board of Railroad Commissioners is hereby authorized and directed to prescribe and furnish such forms, rules and regulations as are consistent herewith for the purpose of carrying out the provision of this act.

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