98 DOWER AND COURTESY-DUPLICATE WARRANTS. DOWER AND COURTESY. CHAPTER 76. [S. B. 226.] ABOLISHING DOWER AND COURTESY. AN ACT Entitled An Act to Abolish Dower and Courtesy. Be it Enacted by the Legislature of the State of South Dakota: § 1. ABOLISHMENT. ] Dower and courtesy are hereby abolished. § 2. REPEAL.] All acts or parts of acts in conflict here. with are hereby repealed. Approved March 4, 1893. DUPLICATE WARRANTS. CHAPTER 77. [S. B. 248.] DUPLICATE STATE WARRANTS. AN ACT to Authorize the State Auditor to Issue Duplicate State Warrants in Certain Cases. Be it Enacted by the Legislature of the State of South Dakota: That § 1. WHEN DUPLICATE WARRANTS MAY ISSUE. ] whenever the state auditor, under and by virtue of the provis ions of the laws of this state, issues any state warrant upon the state treasurer, in favor of any state or county officer, or other person, company or corporation, for the payment of any moneys out of the state treasury, and the said warrant shall become lost or destroyed, it shall be the duty of the said state auditor to issue a duplicate warrant in favor of the state or county officer, or other person, company or corporation, to whom the original warrant was issued, or to any person, company or corporation legally holding under them, in the manner, and subject to the provisions hereinafter contained in this act. § 2. OWNER OF LOST WARRANT TO MAKE AFFIDAVIT. ] Whenever any warrant drawn by the state auditor for the payment of any money out of the state treasury, as in the first section of this act enumerated, and the same shall become lost or destroyed, any person, company or corporation who was the legal holder or owner of said warrant at the time it so became lost or destroyed, shall make an affidavit, particularly describing the said warrant as to date, amount, number, and fund out of which it was to be satisfied, and also shall state in said affidavit such other facts concerning the loss or destruction of the original warrant as he may have in his possession or knowledge, and shall request in such affidavit that a duplicate warrant may be issued in his favor, and shall file the same with the state auditor within one year after the loss of any warrant as aforesaid. $ 3. BOND TO BE GIVEN-NOTICE PUBLISHED.] If it appears that the person, company or corporation filing such affidavit, is entitled to receive such duplicate warrant as aforesaid, the state auditor may issue such duplicate warrant as aforesaid in favor of the person, company or corporation who are entitled to receive the same upon receiving from the person, company or corporation applying for such duplicate warrant a bond, with good and sufficient sureties, which shall be made payable to the State of South Dakota, and shall be drawn in double the amount of the original warrant, and shall be approved by and filed with the state auditor before such duplicate warrant shall issue, conditioned for the benefit of any person, company or corporation damaged by the issuance of such duplicate warrant, and if the state auditor has grave doubts from any cause that the statements contained in the affidavit are untrue, he may in cases where the amount of the warrant is two hundred dollars or over, publish in some newspaper having general circulation the circumstances of the case as contained in the af fidavit, and shall give notice of some day certain, when he will issue such duplicate warrant which shall be not less than thirty days after the first publication of the notice. Provided, That the expense of publishing such notice shall be paid by the party or parties asking the issuance of such duplicate warrant. § 4. ORIGINAL WARRANT TO BE CANCELLED.] Whenever a duplicate warrant shall be issued under the provisions of this act, the original warrant shall thereupon be cancelled, and the State of South Dakota relieved from any claim or liability for the payment of such original warrant. $5. DISCRETION OF AUDITOR--STATE NOT LIABLE.] The state auditor shall use his discretion in carrying out the provisions of this act as appears to him to be right, and in accordance with justice and honesty. Provided, That in no case shall the state be liable for any damages accruing under the provisions of this act. § 6. WHEN RE-DUPLICATE MAY ISSUE.] Warrants may be re duplicated under the provisions of this act in cases where the duplicate becomes lost or destroyed. § 7. PUNISHMENT IN CASE OF FRAUD.] Any person who shall secure a duplicate warrant under the provisions of this act, who is not legally entitled to the same, shall be liable to indictment in any of the courts of this state having jurisdiction for the crime of embezzlement or perjury, as the case may be. Approved March 6, 1893. EDUCATION. CHAPTER 78. [H. B. 256.] EDUCATION. AN ACT to Amend Chapters 1, 2, 3, 4, 5, 6, 7, 8, and 10 of Chapter 56, Session Laws of 1891, Entitled: An Act to Establish a Uniform System of Education for the State of South Dakota, and to Repeal Certain Legislation Relating Thereto. Be it Enacted by the Legislature of the State of South Dakota: CHAPTER I. STATE SUPERVISION. § 1. SUPERINTENDENT DUTIES OF.] The superintendent of public instruction shall be charged with the general supervision of all the county schools and of all the county superintendents of the state. He shall meet county superintendents in convention at least once each year, at such points in the state as he may deem most suitable for that purpose, and by explanation and discussion endeavor to secure a more uniform and efficient administration of the school laws. He shall attend teachers' institutes in the several counties in the state as far as may be consistent with other duties imposed by law, and assist, by lecture or otherwise, in their instruction and management. The state superintendent shall prescribe rules and regulations for holding county normal institutes. He shall render a writ ten opinion to any county superintendent asking it, touching the exposition or administration of the school law, and shall determine all cases appealed from the county superintendent. § 2. OFFICE OF.] An office shall be provided for him at the seat of government, in which he shall file all papers, reports and public documents transmitted to him by the county superintendents each year separately, and hold the same in readiness to be exhibited to the governor, or a committee of either house of the Legislature at any time when required; and he shall keep a faithful record of all matters pertaining to his office. All books presented to his office or purchased therefor shall be carefully preserved and catalogued by him. The edu cational library thus formed shall be open to the teachers of the state for reference and examination. § 3. SHALL PRINT LAWS.] Immediately after the ad. journment of this Legislature, and every two years thereafter if deemed necessary, he shall cause the school law to be printed with all the amendments thereto, with such notes, rulings, forms and decisions as may seem of value to aid the school officers in the discharge of their duties. Appropriate reference shall be made to the previous law that has been amended or changed, so as clearly to indicate such amendments or changes. He shall send to each county superintendent a number of copies sufficient to supply the school officers of the county with one copy each. 84. SHALL MAKE REPORT.] On or before the 31st day of December preceding each regular session of the Legislature, he shall present a biennial report to the governor, which report shall show the condition and neeas of the public schools throughout the state, and the workings of the educational system of the state. $ 5. TO PREPARE EXAMINATION QUESTIONS. ] It shall be his duty to prepare all questions for the examination of teachers by the county superintendents, and no county superintendent shall examine teachers with questions not thus furnished. Whosoever shall sell, barter or give away to applicants for certificates or to any other person the questions prepared by the superintendent of public instruction, to be used by the county superintendents in the examination of teachers, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five ($25.00) dollars or more than one hundred ($100.00) dollars. § 6. MAY APPOINT DEPUTY.] He shall have power to appoint one assistant, or deputy, who shall receive a salary of one thousand two hundred ($1,200.00) dollars, and shall perform such duties pertaining to the office as the superintendent may direct. $ 7. INSTITUTE CONDUCTORS.] He shall, on or before March 1st in each year, prepare and send to each county superintendent a list of the names of institute conductors, and county superintendents shall engage conductors for their county nor mal institutes from the list sent by the superintendent of public instruction. § 8. MEETING OF INSTITUTE CONDUCTORS. ] He shall, on or before the first day of April of each year, call a meeting of the county institute conductors for the purpose of exchanging views relative to the best methods of teaching and for outlining, as far as practicable, a general plan for institute work. $ 9. BLANKS AND BLANK FORMS.] All the necessary blanks to be used in transacting the business between the county and the state superintendent shall be supplied by the state superintendent. He shall also furnish each county superintendent with the necessary supply of blanks for the reports of teachers, district clerks and treasurers, and with a book of forms or blanks not furnished by the state, and all blanks used in a county or district must correspond with the form in such book. § 10. COMPENSATION OF.] He shall receive such salary as is prescribed by law, and also a sum not exceeding five hundred ($500.00) dollars per annum for traveling and other expenses, while traveling on the business of the department. The traveling and expense account and the certified bills for necessary office expenses, and for the printing of such blanks and reports as are required by law, shall be paid on the warrant of the state anditor. § 11. STATE CERTIFICATES AND DIPLOMAS.] He shall have power to grant state certificates and state diplomas. He shall keep a full record of all examinations for state certificates and diplomas, and carefully file in his office all papers relating thereto. The names of all persons to whom certificates or di plomas are issued and the names of all persons applying for the same shall be preserved with a report of the action in the case. He shall at the close of each quarter, send to each county superintendent in the state, a list of the persons receiving state certificates and diplomas. § 12. EXAMINATION FOR SAME.] Public examinations for state certificates and state diplomas shall be held by the superintendent of public instruction at least twice each year, at such time and place as he may select, as will best accommodate the teachers of the state. § 13. STATE CERTIFICATE HOW SECURED.] A state certificate shall be valid for five years. authorizing the person to whom it is issued to teach in any of the common schools in the state, including those in cities and towns, for the period of five years aforesaid. Candidates for state certificates shall present satisfactory evidence of three years' successful experience, such evidence to be genuine, reliable and from disinterested persons. They shall pass a satisfactory examination in each of the following branches: Algebra, geometry, natural |