CHAPTER 137. [S. B. 41.] POWERS OF RAILROAD COMMISSIONERS. AN ACT Relating to the Powers of Railroad Commissioners. Be it Enacted by the Legislature of the State of South Dakota: § 1. MAY ORDER RAILROAD COMPANIES TO MAKE CONNECTIONS AT JUNCTION POINTS.] It shall be the duty of the railroad commissioners to order all railroad companies in this state to make connections with their passenger trains, where the same can be reasonably done, with other railroads at junction points; but before making such order they shall give thirty days' notice in writing to a station agent of the companies interested, at such junction, of the time and place, when and where such companies may be heard in opposition to the making of such order. § 2. PENALTY FOR FAILURE TO COMPLY.] Whenever such an order is made and written notice thereof served on the station agent of the company or companies affected, at the place where connection is ordered, it shall be the duty of such companies to comply therewith, and a failure so to do for thirty days after such service, shall subject the offending company to a penalty of one hundred dollars, and an additional penalty of one hundred dollars per day for every day in addition to said thirty days, which penalties may be recovered in an action by any person in the name of the state, and when so recovered one-half shall go to the prosecution and the remainder to the school fund of the county where the prosecution is had. § 3. REPEAL.] All acts and parts of acts in conflict with this act are hereby repealed. Approved March 4, 1893, RAPE. CHAPTER 138. [Sub. H. B. 186.] RELATING TO RAPE. AN ACT to Amend Section 6521 of the Compiled Laws of 1887, Relating to Rape. Be it Enacted by the Legislature of the State of South Dakota: § 1. RAPE DEFINED.] That Section 6521 of the Compiled Laws of 1887 be amended so as to read as follows: Section 6521. Rape is an act of sexual intercourse accomplished with a female not the wife of the perpetrator, under either of the following circumstances: 1. When the female is under the age of sixteen years. When she is incapable through lunacy or any other unsoundness of mind, whether temporary or permanent, of giving legal consent. 3. When she resists but her resisistance is overcome by force or violence. 4. When she is prevented from resisting by threats of immediate and great bodily harm accompanied by apparent power of execution. 5. When she is prevented from resisting by any intoxicating narcotic or anesthetic agent, administered by or with the privity of the accused. 6. When she is at the time unconscious of the nature of the act and this is known to the accused. 7. When she submits under a belief that the person committing the act is her husband and this belief is induced by artifice, pretence or concealment practiced by the accused with the intent to induce such belief. $ 2. REPEAL.] All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Approved March 1, 1893. REDEMPTION. CHAPTER 139. [S. B. 96.] RELATING TO REDEMPTION OF REAL ESTATE. AN ACT to Repeal Section 5159, Chapter 13 of the Compiled Laws of 1887, Being Section 353 of the Code of Civil Procedure, Relating to Redemption from Sales of Real Estate. Be it Enacted by the Legislature of the State of South Dakota: § 1. REPEAL.] That Section 5159 of the Compiled Laws of 1887, being Section 353 of the Code of Civil Procedure, is hereby repealed. Approved February 24, 1893. CHAPTER 140. RELATING TO REDEMPTION OF REAL PROPERTY. AN ACT to Amend Sections 5421 and 5447 of the Compiled Laws of 1887, Relating to the Redemption of Real Property Sold under Foreclosure of Mortgage. Be it Enacted by the Legislature of the State of South Dakota: § 1. AMENDMENT-TIME OF REDEMPTION EXTENDED.] That Sections 5421 and 5447 of the Compiled Laws of 1887, be amended to read as follows: All real property sold upon foreclosure of mortgage, by advertisement, order, judgment or decree of court, may be redeemed at any time within one (1) year after such sale in like manner and to the same effect as provided in Article 5 of Chapter 13 of this code for redemption of real property sold upon execution, so far as the same may be applicable, by: 1. The mortgagor or his successor in interest in the whole or any part of the property. 2. A creditor having a lien by judgment or mortgage on the property sold, or on some share or part thereof, subsequent to that on which the property was sold, such creditor is termed a redemptioner and has all the rights of a redemptioner under that chapter, and the mortgagor and his successors in interest has all the rights of the judgment debtor and his successors in interest as provided therein. Provided, That if at the expiration of one year from the date of sale, the mortgagor or his successor in interest, shall pay all taxes due on the land and all interest due under the provisions of the mortgage, and interest for one year in advance, then the time of redemption shall be extended for one year Such payment shall be evidenced by the certificate of the sheriff or holder of the certificate of sale duly acknowledged which shall be recorded in the office of the register of deeds and such certificate or a certified copy of the record shall be conclusive proof of such payment. $2. REPEAL.] That all acts and parts of acts in conflict with the provisions of this act be and the same are hereby repealed. Approved March 2, 1893. REGENTS OF EDUCATION. CHAPTER 141. RELATING TO POWERS OF REGENTS OF EDUCATION. AN ACT to Amend Section 19, of Chapter 6, of the General Laws of 1890, Entitled "Appointment of Regents of Education," Approved February 26, 1890. Be it Enacted by the Legislature of the State of South Dakota: § 1. AMENDMENT-PAYMENT OF TUITION TO THE NORMAL SCHOOLS. ] That Section No. 19, of Chapter No. 6, of the general laws of the State of South Dakota for the year 1890, entitled, "Appointment of Regents of Education," be and the same is hereby amended by adding thereto the following: Provided further, That the foregoing provisions regarding the payment of tuition by students shall not apply to the normal schools of this state, when application is made by actual residents thereof. Students may be admitted into such school upon their making and signing in good faith a written declaration, before the president or one of the faculty thereof, that it is his or her intention to qualify for, and to pursue the business of teaching in the common schools of this state. Approved March 4, 1893. RESTORATION OF RECORDS. CHAPTER 142. [H. B. 266.] PROVIDING FOR THE RESTORATION OF COURT RECORDS. AN ACT to Provide for the Restoration of Court Records Which Have Been Lost or Destroyed. Be it Enacted by the Legislature of the State of South Dakota: § 1. RESTORATION OF RECORDS HOW RESTORED.] That whenever the loss or destruction of any record of any judgment or decree or other proceeding of any circuit or county court of this state or any part thereof shall have happened, or shall hereafter happen, and such defect cannot be supplied by a duly certified copy, any party or person interested therein may make a written application to the court to which such record belonged, verified by affidavit or affidavits showing the loss or destruction thereof, and that certified copies thereof cannot be ob tained by the party or person making such application, and the substance of the record so lost or destroyed, and that such loss or destruction occurred without the fault or neglect of the party or person making such application, and that the loss or destruction of such record, unless supplied, will or may result in damage to the party or person making such application; and thereupon said court shall cause said application to be entered of record in said court, and due notice of said application shall be given of the time and place, when and where said application will be heard by said court, and if upon such hearing, said court shall be satisfied that the statements contained in said written application are true, said court shall make an order, reciting what was the substance and effect of said lost or destroyed record, which order shall be entered of record in said court and have the same effect which said original record would have had if the same had not been lost or destroyed, so far as concerns the party or person making such application, and the persons who shall have been notified, as provided for in this section. The record in all cases where the proceeding was inrem, and no personal service was had, may be supplied upon like notice as nearly as may be, as in the original proceeding. The court in which the application is pending may, in all cases in which publication is required, direct by order or orders, to be entered of record, the form of the notice, and designate the newspaper or newspapers in which the same shall be published. |