a sufficient number of squares for tally marks as above provided, on the tally sheet for each precinct to contain tally marks for one-third more votes than were cast in such precinct at the last preceding general election, not exceeding in any case six hun dred. The name of each candidate shall also be printed or written in red ink in small but legible letters between each two red lines and across the upper portion of each set of squares at the right of the name of the same candidate in the left hand column, so that the clerk who tallies the vote will be enabled to place the tally mark in the proper square without looking to the left hand column for the name. There shall be a sufficient space at the right of the squares on such tally sheet to write out in full the total number of votes tallied for each candidate and question voted upon. § 2. TALLY SHEETS TO BE RETURNED WITH POLL BOOKS.] Such tally sheets shall be returned with the poll books and shall be a part of the official returns, and in any case in which the certificate of the precinct judges as to the number of votes cast for any candidate or in favor of or against any question submitted to the electors shall not agree with the votes as shown by such tally lists, the canvassing board to which such returns are made shall take as correct the number of such votes shown by such tally list rather than by the certificate. § 3. FORM OF TALLY SHEETS.] The tally sheets provided for in the foregoing sections shall be, as near as may be, in the following form: .election, held in State of South .A. D. 189... We hereby certify that the above is one of the tally sheets used by us in the canvassing of the ballots cast at the election above described. All ballots cast for each candidate and on each question submitted at said election are correctly tallied by the tally marks in the squares at the right of the name of each candidate and of each question so submitted, and that the total of all such ballots are correctly carried out and stated in the column at the right headed "Totals." Judges of $ 4. REPEAL.] All acts in conflict with the provisions of this act are hereby repealed. Approved March 6, 1893. CHAPTER 83. WITHDRAWAL OF NOMINATIONS. AN ACT to Amend Section No. Thirteen (13) of Chapter Fifty-seven (57) of § 1. AMENDMENT-NAME MAY BE WITHDRAWN-WHEN.] That Section No. thirteen (13) of Chapter No. fifty-seven (57) of Session Laws 1891, be and is hereby amended by striking out the word fifteen (15) where it occurs in the tenth (10) fine, and inserting in lieu thereof the word twenty (20). And by striking out the word ten (10) where it occurs in the eleventh (11) line, and inserting in lieu thereof the word fifteen (15). Approved February 25, 1893. CHAPTER 84. ELECTION OF SUPREME AND CIRCUIT COURT JUDGES. 'N ACT Relating to the Election of Judges of the Supreme and Circuit Courts. Be it Enacted by the Legislature of the State of South Dakota: § 1. SUPREME COURT-WHEN ELECTED.] That on the first Tuesday after the first Monday in November in the year 1893, and every six years thereafter there shall be chosen judges of the supreme court of this state, who shall qualify and enter upon their duties on the first Tuesday after the first Monday of January in the year 1894. § 2. CIRCUIT JUDGES WHEN ELECTED.] That on the first Tuesday after the first Monday in November in the year 1893, and every four years thereafter, there shall be chosen judges of the circuit courts of this state, who shall qualify and enter upon the discharge of their duties, on the first Tuesday after the first Monday of January in the year of 1894. § 3. GENERAL ELECTION LAWS GOVERN.] That the elec tion herein provided for shall be conducted in the same manner as is provided by law for conducting general elections. Approved March 4, 1893. CHAPTER 85. [S. B. 265.] LEGALIZING AN ELECTION IN TOWN OF BUFFALO GAP. AN ACT to Legalize an Election in the Town of Buffalo Gap. Be it Enacted by the Legislature of the State of South Dakota: § 1. ELECTION LEGALIZED.] That the election of the in corporated town of Buffalo Gap, Custer county, South Dakota. held on the second day of May, 1892, is hereby made valid and legal from and after the date of said election, and that all the acts necessary to render said election legal and valid shall be deemed to have been done as provided by law. § 2. OFFICIAL ACTS LEGALIZED.] That all the acts of the officials of said town of Buffalo Gap are hereby declared to be legal and valid. § 3. EMERGENCY DECLARED.] It is hereby declared that an emergency exists, and this act shall be in force from and after its passage and approval. Approved March 6, 1893, FEES. CHAPTER 86. [S. B. 179.] FEES OF REGISTER OF DEEDS. AN ACT Relating to the Fees of Register of Deeds. Be it Enacted by the Legislature of the State of South Dakota: § 1. DISPOSITION OF FEES.] All fees received by registers of deeds for making abstracts of title shall be covered into the special salary fund and accounted for and disposed of as other fees received by them. § 2. REPEAL.] All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved February 20, 1893. CHAPTER 87. RELATING TO FEES OF COURT REPORTER. AN ACT to Amend Sections 483 and 484 of the Compiled Laws. Be it Enacted by the Legislature of the State of South Dakota: OF REPORTER IN CRIMINAL § 1. AMENDMENT-FEES CASES.] That Section 483 of the Compiled Laws, be, and the same is hereby amended so as to read as follows: The judge may, on the application of either party in a criminal case, direct such reporter to make out and file with the clerk of the court, a certified transcript of his shorthand notes, in longhand when the same is needed in such case, and he shall receive compensation therefor at the rate of ten cents per folio of one hundred words, to be audited and paid as provided in Section 482 of the Compiled Laws. § 2. AMENDMENT-FEES OF REPORTER IN CIVIL CASESCERTIFIED TRANSCRIPT PRIMA FACIE EVIDENCE.] That Sec tion 484 of the Compiled Laws, be and the same is hereby amended to read as follows: Such reporter shall, on the request of either party in a civil or criminal case, make out and certify such transcript and deliver the same to the party desir ing it, on payment of his fees at the rate of ten cents per folio, and such transcript when certified by the reporter to be a correct transcript of his notes of the evidence, proceedings and rulings shall be prima facie evidence of the testimony given and of the rulings and decisions of the court and of the proceedings had upon the trial; for each carbon copy of such transcriptive civil cases the reporter shall when such copy is requested receive five cents per page. Approved March 4, 1893. CHAPTER 88. [H. B. 145.] RELATING TO FEES OF STENOGRAPHER. AN ACT to Amend Section Eleven (11) of Chapter One Hundred (100), of the Session Laws of 1891, Relating to the Payment of Fees of Stenographers for Making Transcripts of Evidence Taken Before Referees. Be it Enacted by the Legislature of the State of South Dakota: § 1. AMENDMENT-REFEREES MAY APPOINT STENOGRAPHER-FEES OF.] That Section eleven (11) of Chapter one hundred (100), of the Session Laws of 1891, entitled "An Act to provide for the reference of causes and to repeal Chapter one hundred twelve (112) of the Session Laws of 1889," be and the same is hereby amended so as to read as follows: "Section eleven (11). The referees may appoint a stenographer whose qualifications and duties shall be the same as those required by law in case of the short-hand reporter of the court. The fees and necessary expense of the referees and the compensation of the stenographer shall be fixed by the court, after filing the report, and shall be audited and paid by the county or subdivision wherein the court is held which made the reference. Provided, That the fees and charges of the stenographer for making a transcript of the evidence in such cases shall not be a charge against or paid by the county, but when ordered by the referees shall be paid by the parties to the action." $2. REPEAL.] That all acts or parts of acts in conflict with this act are hereby repealed. § 3. EMERGENCY.] This act shall take effect and be in force from and after its passage and approval. Approved March 6, 1893. |