CHAPTER 127. [S. B. 131.] JURISDICTION OF JUSTICES OF THE PEACE. AN ACT to Amend Sections 1 and 11 of Article 11, of Chapter 37, of the Session Laws of 1890, Relating to the Jurisdiction of Police and City Justices of the Peace. Be it Enacted by the Legislature of the State of South Dakota: $ 1. AMENDMENT.] That Section 1 of Article 11, of Chapter 37, of the Session Laws passed at the first legislative session of the State of South Dakota in 1890, be and the same is hereby amended so as to read as follows: "Section 1. JURISDICTION OF POLICE JUSTICES.] The police justice of the peace shall have concurrent jurisdiction with that of the city justice of the peace to hear, try and determine offenses against the ordinances of the city; and he shall have concurrent jurisdiction with other justices of the peace in the county in all other cases, civil and criminal. Provided, That all fines, penalties and forfeitures for the violation of any city ordinances, when tried before the police or city justice, shall, when col· lected, be paid by the officer receiving the same to the city treasurer of such city." § 2. AMENDMENT.] That Section 11. of Article 11, Chapter 37 of the Session Laws passed at the first session of the legislature of the State of South Dakota in 1890, be and the same is hereby amended so as to read as follows: "Section 11. JURISDICTION OF CITY JUSTICES.] The city justice of the peace shall have concurrent jurisdiction with that of the police justice to hear, try and determine offenses against the ordinances of the city with the same power and authority as is now possessed by the police justice of the peace in reference thereto, and the practice, procedure, and duties of the city justice shall be the same as is now possessed by the police justice of the peace. The city justice of the peace shall also have the same jurisdiction as justices of the peace within said county in all civil and criminal cases, and within the jurisdic tion hereby conferred the power of said court as a committing magistrate and in the trial of cases, shall be the same, as now or hereafter provided by the laws of the state for justices of the peace, and the process and proceeding of said court shall be governed by the laws regulating proceedings in justices' courts, and in all cases of trial in said court an appeal may be taken to the county or circuit court for said county in the same manner and upon the same condition as provided by the laws of the state in cases of appeal from justices of the peace, and on such appeal the county and circuit court shall have the power as provided by said laws. § 3. REPEAL. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Approved February 27, 1893. CHAPTER 128. [S. B. 191.] PROVIDING FOR FILLING VACANCY IN OFFICE OF MAYOR. AN ACT to Provide for Filling of Vacancy in the Office of Mayor in Cities of the Third Class. Be it Enacted by the Legislature of the State of South Dakota: § 1. VACANCY-HOW FILLED.] When a vacancy occurs in the office of mayor in cities belonging to the third class, the president of the city council shall be acting mayor during the unexpired term, unless a special election shall be ordered. §2. REPEAL.] All acts and parts of acts in conflict herewith are hereby repealed. § 3. EMERGENCY.] There being no adequate law on this subject, an emergency is hereby declared to exist, and this act shall take effect and be in force from and after its passage and approval. Approved February 27, 1893 CHAPTER 129. RELATING TO SALARY OF ALDERMEN. AN ACT to Enable City Councils in Cities of the First Class to Fix the Salary of Aldermen of Such City by Ordinance. Be it Enacted by the Legislature of the State of South Dakota: § 1. CITY COUNCIL MAY FIX SALARY OF ALDERMEN.] That in cities of the first class within this state, the city council may, by ordinance, fix the salary of its aldermen at not to exceed one hundred dollars per annum. Provided, That an additional compensation not exceeding one hundred dollars per annum may be, by ordinance, allowed and paid to the chairman of not exceeding one standing committee. § 2. REPEAL.] All acts and parts of acts, inconsistent with this act, are hereby repealed. § 3. EMERGENCY.] It is hereby declared that an emergency exists and therefore this act shall take effect and be in force from and after its passage and approval. Approved February 27, 1893. PAROLE. CHAPTER 130. [S. B. 166.] REPEAL OF THE PAROLE LAW. AN ACT to Repeal Chapter One Hundred Twenty-one [121] of the Session Laws of 1890, Entitled "An Act to Provide for Paroling Prisoners." Be it Enacted by the Legislature of the State of South Dakota: §1. REPEAL-EXISTING PAROLES NOT EFFECTED.] That Chapter one hundred twenty-one [121] of the Session Laws of 1890, entitled "An Act to provide for paroling prisoners," approved March 6, 1890, be and the same is hereby repealed. Provided, That nothing in this act shall affect paroles now in force. § 2. EMERGENCY.] An emergency is hereby declared to exist, and this act shall take effect and be in force from and after its passage and approval. Approved February 27, 1893. PENITENTIARY. CHAPTER 131. [H. B. 206.] PROVIDING FOR THE MANUFACTURE OF BINDING TWINE. AN ACT to Provide for the Manufacture of Binding Twine at the State Penitentiary of South Dakota. Be it Enacted by the Legislature of the State of South Dakota: § 1. BOARD OF CHARITIES AND CORRECTIONS TO SUPERVISE CONSTRUCTION AND EQUIPMENT.] That the state board of charities and corrections is hereby instructed to proceed as soon as possible to purchase, erect and maintain the necessary machinery and appliances for the manufacture in the state penitentiary, of binding twine, from hemp or flax fiber. § 2. PURCHASE OF MATERIAL.] In the purchase of material for the manufacture of twine preference shall be given to fibre grown in the State of South Dakota. § 3. PRICE HOW FIXED SALE RESTRICTED.] The price of twine shall be fixed at the actual cost of production. But no twine shall be put upon the market at a greater price than it can be purchased for of other manufacturers, and no twine shall be sold outside of the state so long as there is a market for the same within South Dakota. $ 4. APPROPRIATION.] For the purpose of carrying out the provisions of this act there is hereby appropriated out of the general fund of the state not otherwise appropriated, the sum of eight thousand ($8,000) dollars or so much thereof as shall be necessary to carry out the provisions of this act. $5. EMERGENCY.] It being necessary to begin work without delay, an emergency is hereby declared to exist, and this act shall be in force from and after its passage and ap proval. Approved March 6, 1893. PHARMACY. CHAPTER 132. [H. B. 104.] CREATING A SOUTH DAKOTA PHARMACEUTICAL ASSOCIA– TION. AN ACT Creating a South Dakota Pharmaceutical Association; Establishing a State Board of Pharmacy and Regulating the Practice of Pharmacy in the State. Be it Enacted by the Legislature of the State of South Dakota: § 1. NAME OF ASSOCIATION-BOARD OF PHARMACEUTI– CAL EXAMINERS-HOW APPOINTED.] The registered pharmacists in this state are hereby constituted an association under the name and title of the South Dakota Pharmaceutical Association, the purpose of which shall be to improve the science and art of pharmacy, and to restrict the sale of medicines to regularly educated and qualified persons, as provided in this act. Said association shall hold its first annual meeting under the provisions of this act at Yankton on the first Wednesday in August, 1893, and annually thereafter at such time and place as may be determined by the said association. The South Dakota pharmaceutical association shall report annually to the governor recommending the names of at least three (3) members from the district in which the annual vacancy occurs, as persons qualified to be appointed upon said board, and the persons so appointed shall constitute the state board of pharmaceutical examiners for South Dakota, and shall hold their office for the term of three (3) years or until their successors are appointed and qualified. Provided, That each member of said board shall be a practicing pharmacist doing a retail drug bus iness in this state. And, provided further, That the appointments on said board shall be made by the governor on or before the first day of October in each year from among the members recommended by said association, one person from each pharmaceutical district, as now existing and the term of office for each member of said board shall be for three years. Provided, further, That the state board of pharmaceutical examiners as now constituted shall continue until their successors in office are appointed and qualified as provided further in this act. All other vacancies shall be filled by the governor from the nominees last submitted residing in the district where such vacancy occurs. Provided further, That the state may be redistricted at any fut |