CHAPTER 108.

[S. B. 215.]

PUBLISHING INSURANCE STATEMENTS.

AN ACT Relative to the Compensation for Publishing Insurance State

ments.

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

§ 1. PUBLICATION OF STATEMENTS--COMPENSATION.] Every insurance company doing business in this state must transmit to the state auditor a statement of its condition and business for the year ending on the preceding thirty first day of December, which shall be rendered on the first day of January in each year, or within one month thereafter, except that foreign insurance companies shall transmit their statements of business, other than that taken in the United States prior to the following first day of May. Such statement must be published at least three times in a newspaper of general circulation, printed and published in each judicial district of the state in which the insurance company shall have an agency, and a duplicate thereof upon which shall be endorsed the name of the attorneys on whom process of law can be served as required by this act, shall be filed in the office of the register of deeds of the county wherein the agency may be established. but the provisions of this section as to the appointment of attorney shall not apply to companies organized within this state. Statements for publication shall be made out on blanks, furnished by the state auditor, and the state auditor's certificate of authority for the company to do business in this state shall be published in connection with said statement of such company doing business in this state. Proof of publication, to-wit: The printer's affidavit of the fact shall be filed with the state auditor, in all cases which affidavit shall state that [said] insurance company has paid such newspaper two-thirds of the authorized rate for publishing legal notices, and that the full amount named inures to the sole benefit of the publisher or publishers thereof, and that no agreement or understanding for the division thereof has been made with any person, and that no part thereof has been agreed to be paid to any person whomsoever and that every affidavit of publication shall state in plain terms the full amount authorized herein has been charged and collected for such publication. Provided, The state auditor shall select three newspapers of general circulation published in each of the judicial circuits, from which said company shall select one in which said statements shall be published. The proof of publication, herein required, shall be filed with the state auditor within four months from the time of the filing of the annual

statement. This law is intended to define the lawful rate for the publication of insurance statements. Nothing in this act shall apply to any fraternal or benevolent life insurance association having a grand lodge or like governing body located in this state.

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

§ 3. EMERGENCY.] Whereas, there is no adequate law

governing this subject, an emergency is hereby declared, and this act shall be in full force and effect after its passage and approval.

Approved March 6, 1893.

IRRIGATION.

CHAPTER 109.

[H. B. 242.]

ARTESIAN WELLS.

AN ACT to Provide for the Sinking of Artesian Wells and for the Levying of a Tax to Pay the Expenses Thereof; and to Define the Duties of Certain Officers Connected Therewith.

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

§ 1. PETITION FOR LOCATION OF WELL-DUTY OF ENGINEER OF IRRIGATION.] Whenever a petition signed by not less than fifty (50) resident freeholders of any county in this state of whom fifteen (15) shall be each the owner of not less than eighty acres of land located on any natural watercourse on which an artesian well is sought to be located shall petition the engineer of irrigation for the location and establishment of an artesian well, it shall be the duty of such engineer of irrigation to personally investigate and view out the course and extent of such natural watercourse for the purpose of determining the practicability and advisability of such well. And if in his judgment it is found practicable and advisable, he shall lo cate and establish an artesian well on such watercourse at some point where it will render the greatest benefit to the lands to be effected thereby, and shall make and file with the county auditor of the county wherein such well may be located a full report of his proceedings in locating and establishing any such

well together with the petition on which such proceedings were based. He shall at the same time file with the county auditor, an estimate of the total cost for 'constructing and putting down such well.

§ 2. BOARD OF VIEWERS-DUTY OF.] On the receipt of the report of the engineer of irrigation, locating any well as herein provided, the county auditor shall appoint two (2) disinterested persons of his county who shall together with the county surveyor constitute a board of viewers who shall without unnecessary delay after being duly sworn to a faithful performance of the duty proceed to personally examine the location of such well, and the course and extent of the natural watercourse along which the water from such well would flow, and the lands located on such watercourse which would be ef fected by the flow of water from such well. They shall make a map or plat of such well and watercourse and the lands located thereon. They shall also make a list by description of all lands located in their county that would be effected by the flow of water from such well, and shall estimate the amount of damages, if any, that would be caused to any tract of land by the flow of water from such well. They shall add the amount of damages thus appraised to the estimated cost of such well, as made by the engineer of irrigation, and shall apportion and assess three-fourths of the total estimated costs of such well, to each tract of land benefited by such water, not exceeding one hundred and sixty (160) acres in any one tract, such proportion of this sum as the benefits to be derived by each tract bears to three-fourths, of the whole benefits of such well. They shall without delay file with the county auditor a full report of their proceedings together with their map of such well and natural watercourse and their list of lands located thereon with their estimate of damages and benefits as herein provided.

§ 3. DAMAGES HOW ADJUSTED.] It shall be the duty of the county auditor, when the report of the board of viewers is filed as herein provided, to fix a day for the hearing and consideration of such report by the board of county commissioners of his county; and he shall call said commissioners together for such purpose. Such hearing shall be not less than thirty (30) days from the filing of the report by said viewers, and the auditor shall give public notice of the time and place of hearing such report by publication in an official public newspaper of the county for three successive issues of such newspaper. Any person interested who is aggrieved by any act of said board of viewers may appear at such meeting of the county commissioners and be heard on the matter of such grievances. The commissioners, at such meetings shall have power to make such changes in any damages estimated, or assessments made for

benefits, by said board of viewers as shall seem to them just and equitable; and after making such changes, if any, they shall confirm the report of said board of viewers.

§4. APPEAL MAY BE TAKEN.] Any person aggrieved by any act of this board of county commissioners had under the provisions of this act may appeal therefrom to the circuit court, in the same manner as provided relating to highways and bridges.

$5. SPECIAL ELECTIONS- -NOTICES TO CONTAIN WHAT.] After confirming the report of the board of viewers, the board of county commissioners. at the meeting called as herein provided, shall call a special election for their county for the purpose of voting on the question of issuing the warrants of said. county to the amount of the estimated costs and damages of constructing, and putting down said well as herein provided. All laws governing the calling, conducting and canvassing general elections, so far as the same may be applicable, shall apply to and govern such special election. Provided, however, The notice of election shall state the location of the well or wells and the amount of warrants to be issued.

§ 6. FORM OF BALLOT. The ballots used at said election shall be printed in substantially the following form: "Shall the county commissioners issue artesian well warrants for sinking an artesian well at the place mentioned in the notice of this election. "Yes." "No." All the electors voting in favor of issuing artesian well warrants shall erase the word "No," and all desiring to vote against issuing such warrants shall erase the word "Yes." If a majority of the votes cast at said election be in favor of issuing said warrants the county commissioners shall proceed to the construction of such artesian well in the manner herein provided.

$ 7. WARRANTS-HOW ISSUED ΤΟ CONTAIN WHAT WELL SITE-HOW PROCURED.] The board of county commissioners shall issue the warrants of said county to the amount specified in the notice of election, which warrants shall be designated and marked on their face, artesian well warrants,' and shall show for the construction of which particular well they are issued, and shall be signed and attested as other warrants of such county, and shall draw interest at the rate of seven (7) per cent per annum, and may be made payable in one, two and three annual payments. They shall proceed at once to procure, by purchase or gift, the site where such well has been located which shall consist of not less than one acre, the title to which shall be taken in the name of the county. Counties are hereby authorized to receive and hold real property for the purpose of this act. In case they shall be unable to pro cure said site by gift or by purchase at a reasonable price, they

shall proceed to condemn such site in the manner as provided by law for the condemnation of school house sites.

§ 8. COUNTY COMMISSIONERS TO ASK FOR BIDS.] When a county shall have voted for the issuing of artesian well warrants as provided by this act, the county commissioners shall cause a notice to be published in at least one official newspaper of their county for three successive issues of such paper, ask ing for bids for the sinking and casing and construction of such wells. The notice so printed shall give the size of the well, kind of piping to be used, the valves and appliances necessary to control the flow of water from such well, and the date as near as may [be], when said well shall be completed.

$9. BIDS FILED-WHEN.] All bids contemplated by the preceding section shall be filed with the county auditor within thirty (30) days after the first publication of said notice.

$10. CONTRACTS BY WHOM EXECUTED.] All contracts for the construction of wells as contemplated by this act, shall be made by the board of county commissioners in the name of the county, and shall be signed by the chairman of the board and attested by the auditor. Such contract shall be made with the lowest responsible bidder, and such contractor shall give to the county good and sufficient security for the faithful performance of such work.

§ 11. APPROVAL OF CONTRACT BEFORE PAYMENT.] Full payment on the contract for the construction of such well shall not be made until the work shall have been approved by the engineer of irrigation and accepted by the county commissioners.

§ 12. NAME OR NUMBER OF WELL TITLE TO SITE. ] Before making any contract for the sinking of any artesian well as contemplated in this act, the county commissioners shall give to such well a name or number by which it shall be known and designated. They shall also before letting such contract procure a good and sufficient title to the site where said well is to be located. § 13. ELECTION MAY INCLUDE SINKING OF MORE THAN ONE WELL.] At any special election called as provided in this act a proposition to be voted upon may include the issuing of warrants for the sinking of more than one artesian well. vided. The necessary petition has been filed and other proceedings had for each as provided in this act, and in such case all notices, form of ballots and other proceedings shall be made. to conform to the facts.

Pro

§14. EXPENSES OF THE BOARD OF VIEWERS.] All expenses incurred by the board of viewers and other county officers in the performance of their duties provided by this act shall be paid out of the general fund of the county as other general expenses of the county are paid. Each member of the