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of the county auditor shall not exceed five hundred ($500) dollars; in all other counties having an assessed valuation of less than seven million ($7,000,000) dollars, the salary shall not exceed twelve hundred ($1,200) dollars, and such salary shall not in any county exceed fifteen hundred ($1,500) dollars, which salary shall be paid quarterly by warrant on the county general fund.

§ 2. REPEAL.] All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

§ 3. 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 11, 1893.

COUNTY COMMISSIONERS.

CHAPTER 55.

[S. B. 58.]

BONDS OF COUNTY COMMISSIONERS.

AN ACT Relating to Bonds of County Commissioners.

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

§ 1. BOND OF -AMOUNT.] Each county commissioner shall execute and file an official bond as required of other county officers, in the penal sum of $1,000.00 to be approved by the clerk of the circuit court.

Approved February 6, 1893.

CHAPTER 56.
[Sub. H. B. 96.]

RELATING TO DUTIES OF COUNTY COMMISSIONERS.

AN ACT to Prescribe Certain Duties of County Commissioners.
Be it Enacted by the Legislature of the State of South Dakota:

§ 1. DUTIES IN RELATION TO CERTAIN BILLS.] That it shall be unlawful for any board of county commissioners of the

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COUNTY COMMISSIONERS-COUNTY TREASURER.

State of South Dakota to allow any bill for printing any county stationery on which the name of any person is printed.

$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 28, 1893.

COUNTY TREASURER.

CHAPTER 57.

[H. B. 56.]

REGISTRATION OF COUNTY WARRANTS BY COUNTY TREASURER.

AN ACT to Amend Section 1673 of the Compiled Laws of 1887.

Be it Enacted by the Legislature of the State of South Dakota: § 1. DUTY OF COUNTY TREASURER.] That Section 1673 of the Compiled Laws of 1887 be amended so as to read as fol lows: "Section 1673. It shall be the duty of every such treas urer upon presentation of any warrant by the holder thereof, or by any person presenting the same for registration, to enter such warrant in his warrant register for payment in the order of presentation, and upon every warrant so registered he shall endorse "registered for payment" with the date of registra tion and shall sign such endorsement. Provided, That nothing in this act shall be construed to require the holder of any warrant to register the same.

$2. REPEAL.] That all acts or parts of acts in conflict with this act are hereby repealed.

Approved February 7, 1893.

COURTS.

CHAPTER 58.

[S. B. 227.]

PROVIDING FOR ENTERING JUDGMENTS IN THE SUPREME

COURT.

AN ACT to Provide for Entering Judgment of the Supreme Court in the Circuit and County Courts.

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

§ 1. CLERK TO ENTER JUDGMENT.] Upon the decision of any appeal in a civil action by the supreme court of this state and filing of the remititur with the clerk of the court from which the appeal was taken, such clerk shall forthwith enter and docket judgment in favor of the successful party for the amount of any costs which he may recover in the supreme court, and such judgment shall have the same force and effect as a judg ment of the circuit court and execution may issue upon it with like effect.

Approved March 4, 1893.

CHAPTER 59.

[H. B. 58.]

RELATING TO APPEALS.

AN ACT to Amend Section 5229 of the Compiled Laws of 1887, of the State of South Dakota.

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

§ 1. AMENDMENT APPEALS SHALL HAVE PRIORITYWHEN.] That Section 5229 of the Compiled Laws of 1887 of the State of South Dakota be amended to read as follows: When the state or any state officer, or state board, in a purely official capacity or any municipal corporation or its officers in a purely official capacity, within the state, shall take an appeal, the case appealed shall be placed on the supreme court calendar immediately following the criminal cases, and shall have precedence over all other business before the court, except criminal business, and shall be heard and determined next in order. Service of the notice of appeal shall perfect the appeal

and stay the execution or performance of the judgment or order appealed from and no undertaking need be given. But the supreme court may, on motion, require surety to be given in such form and manner as it shall in its discretion prescribe as a condition of the further prosecution of the appeal.

§ 2. REPEAL.] All acts and parts of acts in conflict with this act are hereby repealed.

§3. EMERGENCY.] Whereas an emergency exists, therefore this act shall take effect and be in force from and after its passage and approval.

Approved February 25, 1893.

CHAPTER 60.
[S. B. 282.]

FIXING TERMS OF COURT IN THE SECOND JUDICIAL CIRCUIT. AN ACT Fixing the Terms of the Circuit Court of the Second Judicial Circuit of this State.

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

§ 1. TERMS OF COURT IN SECOND JUDICIAL CIRCUIT.] That the circuit court of the second judicial circuit shall annually hold terms of court in each of the counties comprising such circuit as follows: Lincoln county, on the third Tuesday in March and October; Lake county, on the second Tuesday in February and September; Moody county, on the first Tuesday in March and the fourth Tuesday in September; McCook county, on the second Tuesday in April and the first Tuesday in November; Minnehaha county, on the fourth Tuesday in April and third Tuesday in November.

§ 2. REPEAL.] All acts and parts of acts in conflict with this act are hereby repealed.

Approved March 4, 1893.

CHAPTER 61.
[S. B. 263.]

FIXING TERMS OF COURT IN FOURTH JUDICIAL CIRCUIT.

AN ACT Relating to the Terms of the Circuit Court in the Fourth Judicial Circuit.

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

§ 1. TERMS OF COURT-WHEN HELD.] That Section 1 of Chapter 52 of the Laws of 1891 be amended to read as follows:

Fourth circuit:

The circuit court of the fourth judicial circuit shall annually hold terms of court in each of the counties comprising such circuit as follows: Sanborn county, on the first Tuesdays in May and October; Davison county, on the third Tuesday in May and the second Tuesday in November; Aurora county, on the first Tuesdays in March and September; Brule county, on the first Tuesday in December and the second Tuesday in June; Buffalo county, on the first Tuesday in June; Jerauld county, on the second Tuesday in October; Hanson county, on the third Tuesday in February and the third Tuesday in September; Miner county, on the second Tuesday in May and the third Tuesday in October.

§ 2. REPEAL.] All acts and parts of acts in conflict herewith are hereby repealed.

§ 3. EMERGENCY.] Whereas, the business of the said court in the county of Miner requires that a term of said court be held in said county before the time now fixed by law, an emergency exists, therefore this act shall take effect and be in force from and after its passage and approval. Approved February 25, 1893.

CHAPTER 62.
[S. B. 207.]

CHANGING THE BOUNDARIES OF THE THIRD AND FIFTH JUDICIAL CIRCUITS AND FIXING TERMS OF COURT THEREIN.

AN ACT to Change the Boundaries of the Third and Fifth Judicial Circuits of the State of South Dakota, and Amend Sections Three and Five of Chapter Seventy-Six, Laws of 1890.

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

§ 1. BOUNDARIES CHANGED.] That the boundaries of the third and fifth judicial circuits in this state be and the same are hereby changed by detaching the county of Day from the third judicial circuit and annexing the said county of Day to the fifth judicial circuit.

§ 2. TERMS OF COURT IN THIRD JUDICIAL CIRCUIT.] That Section Three, Chapter Seventy-Six, Laws of 1890, is hereby amended to read as follows: The circuit court of the third judicial circuit shall annually hold terms of courts in each of the counties comprising such circuit as follows: Deuel county, on the third Tuesday in March, Hamlin county on the first Tuesday in February, Brookings county on the third Tuesday in February and September, Grant county on the first Tuesday in

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