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a contract of sale to a purchaser of lands, under the provisions of this act, the auditor shall take notice of the same, and such land shall thereupon become subject to taxation the same as other lands; and taxes shall be assessed thereon, collected and enforced, in like manner as taxes on other lands. Provided, however, That the purchaser of any such land sold for delinquent taxes shall acquire and shall only acquire by virtue of such purchase, such rights and interests as belong to the party holding the contract of sale, hereinbefore provided for, and the right to be substituted in the place of such holder as the assignee thereof, and upon exhibition to the proper officer of the tax certificate given at a tax sale in case said land has not been redeemed, such tax purchaser shall have the right to make any payment of principal or interest then in default upon such contract of sale, as the assignee thereof, prior to the redemption of said land. And in case such holder of such contract of sale shall fail to redeem said land within the time allowed by law for the redemption of other lands sold for taxes, and also pay to said proper officer, for the use of the holder of said tax certificate, all payments of principal and interest, if any, made by him upon such contract of sale, with the interest from the time so made at the rate of twelve (12) per cent per annum, then the holder and owner of such tax certificate, upon the receipt of a tax deed thereon, duly given, and the filing of a certified copy of the same with the commissioner of school and public lands, shall be given by the said commissioner a special contract of sale of said lands, embodying the same terms and conditions and with like force and effect as the original contract of sale and in lieu thereof.

$8. REPEAL.] That all acts and parts of acts in conflict with the provisions of this act are hereby repealed.

§ 9. EMERGENCY.] Whereas, it is necessary that provisions should be made for the early leasing of state lands, an emergency exists, which requires that this act shall take effect from and after its passage and approval, and it is hereby provided that it shall so take effect.

Approved March 6, 1893.

Section

Repealed

CHAPTER 147.

[S. B. 51.]

RELATING TO LEASING OF SCHOOL AND PUBLIC LANDS.

AN ACT to Amend Chapter 136, Laws of 1890, Relating to Leasing of the
Common School and other Public Lands of the State.

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

§ 1. AMENDMENT-MAY LEASE FOR A TERM OF YEARS LESSEE MAY REMOVE IMPROVEMENTS.] That Section 4 of Chapter 136, Laws of 1890, be and the same is hereby amended by adding to said section the following words: "Provided, That if upon offering for lease the aforesaid lands, a bidder for

pq. 187 leasing of the same, shall offer to pay, therefor, for a one-fourth

section of land a greater sum per annum for a period of five years, than any other bidder for one year, or for any term of years less than five years, the said land shall be leased to the party so offering to lease the same for five years. Provided, That no land shall be leased for a less price than the minimum price per acre as fixed by the board of commissioners of school and public lands under the regulations now required by law. the rental thereof to be paid annually in advance, and security to be given for payment of each succeeding year, to the satisfaction of the proper officer or officers. Provided, further, That in case of a sale of the land so leased during the term of the lease, the lessee to be given ninety days' notice, and Provided, further, That at the expiration of said lease or within ninety days of the date of receiving the aforesaid notice, the said lessee may remove from said lands so leased, all fences, sheds, water tanks, wind mills, etc., used upon said lands by said les

see.

§ 2. AMENDMENT-LIMITATION OF LEASE.] That Section 8 of Chapter 136 of the Laws of 1890, be amended to read as follows, to-wit: Section 8. No lease shall be executed for a longer term than five years. No lands shall be leased except

for pasturage and meadow purposes.

§ 3. EMERGENCY. ]

An emergency is hereby declared to

exist and this act shall take effect from and after its passage and approval.

Approved March 4, 1893,

Repeated 95 pg. 187

CHAPTER 148.

[S. B. 276.]

PROVIDING FOR THE EXAMINATION OF SCHOOL LANDS.

AN ACT to Provide Means for the Purpose of Paying the Expenses of Examining the School Lands of the State of South Dakota, and Defining the Duties of the Commissioner of School and Public Lands in Relation Thereto.

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

§ 1. APPROPRIATION.] That for the purpose of examining and mapping the school sections of the State of South Dakota, as provided to be done in Section 2 of this act, there is hereby appropriated out of the income fund the sum of fifteen hundred dollars, or so much thereof as may be necessary.

§ 2. DUTY OF COMMISSIONER OF SCHOOL AND PUBLIC LANDS.] It is hereby made the duty of the commissioner of school and public lands to examine or cause to be examined, all of the unsold school lands belonging to the State of South Dakota, and cause plats to be made of each school section or fractional part thereof, showing the topography, the character of the soil, the location of all streams of water or draws across each government subdivision of each section, the proximity of each section to cities, towns and railroads, also the special value, if any, whether for hay, grazing, agricultural, townsite or other purposes.

§ 3. PLATS WHERE FILED.] That the plats and records made as provided for in Section 2 of this act shall be compiled and bound in a good and substantial manner and filed in the office of the commissioner of school and public lands as a part of the public records thereof.

Approved March 6, 1893.

SENATORIAL DISTRICT.

CHAPTER 149.

[H. B. 257.]

ESTABLISHING SENATORIAL DISTRICT NO. 41.

AN ACT Relating to Senatorial District No. 41 of the State of South Dakota.

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

§ 1.

COMPRISED OF WHAT COUNTIES.] That senatorial district No. 41 shall consist of the counties of Custer and Fall River and be entitled to one senator.

§ 2.

REPEAL.] All acts and parts of acts in conflict with

the provisions of this act are hereby repealed.

Approved March 6, 1893.

SEWERAGE.

CHAPTER 150.
[S. B. 31.]

PROVIDING FOR CONSTRUCTING SYSTEMS OF SEWERAGE IN

CITIES.

AN ACT to Provide for Constructing Systems of Sewerage in Cities, and for the Assessment and Collection of the Costs Thereof.

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

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DISTRICTS AND PLANS.] Any city shall have full power to construct systems of sewerage in such manner and under such regulations as the city council shall deem expedient, but shall not enter upon such construction until such city shall have been divided into sewerage districts, nor until a plan shall have been adopted therefor. Provided, That it shall not be necessary before any part of the same is constructed that the plan shall be determined upon in all its details, but it shall be

settled so far as relates to that portion upon which the construction is commenced. And; Provided, further, That no measures shall be taken for the construction of such system of sewerage except upon the affirmative vote of at least two-thirds of all the aldermen elect.

DIAGRAMS.]

§ 2. The city council shall cause diagrams of the plans of the sewerage for each district to be prepared, showing the lots and parcels of land, the main sewers, minor sewers, man-holes, catch basins, and all other matters pertaining to the system.

§ 3. NOTICE OF HEARING.] On the completion of such diagram, notice shall be given in the official newspaper of the city, substantially in the following form: Notice is hereby given that a plan for sewerage for the district bounded as follows....

has been prepared and is now open for inspection at the office of the city auditor. All persons owning or interested in any real estate in such district are entitled to examine the same at any time within ten days after the first publication of this notice, and file objections to said plans. On the....day of...... 18....the city council will be in session at the council chamber to consider objections that may have been filed, and all persons desiring to be heard before the city council can then be heard. Dated....

Countersigned,

.... Mayor.

...City Auditor.

The day for the hearing specified shall be within ten days after the last publication of said notice; said notice shall be published at least once each week for two successive weeks. §4. ADOPTION OF PLANS. ] On the day specified for said hearing, the city council shall take up and consider all objections to the plans as proposed. When the city council shall have concluded said hearing they may approve the plan as proposed, or change it in such manner as they may think proper, and approve as changed or modified by them, or may reject the plan and direct a new plan to be prepared, in which case the same proceeding shall be had as before. Provided, That, if the city council shall have directed the preparation of plans for sewerage before the passage of this act, and plans shall have been prepared in accordance with such direction, the like proceedings may be had for the adoption of the same with the same force and effect as if the same had been prepared after this act shall have taken effect.

$ 5. DIAGRAM FILED.] When the plan for any sewer district is finally determined, a complete diagram of the same shall be prepared and filed in the office of the city auditor. § 6. RESOLUTION TO CONSTRUCT.] Whenever any city which shall have adopted plans for sewerage, as herein pro

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