CHAPTER 112. [H. B. 61.] RELATING TO DRAWING OF JURORS. AN ACT to Amend Section 452 of the Compiled Laws of 1887, to Provide for the Drawing and Summoning of Grand and Petit Jurors in Counties Organized into Civil Townships. Be it Enacted by the Legislature of the State of South Dakota: § 1. AMENDMENT-JURORS-HOW DRAWN.] That Section 452 of the Compiled Laws of 1887, passed at the fifteenth (15th) legislative assembly and approved March 9, 1883, be and the same is hereby amended so as to read as follows: Whenever the county commissioners of any such county shall have determined the number of such names for each of the or ganized civil townships and for each incorporated city or town, if any there be in such county, the county clerk shall forthwith notify the clerk of each of such townships, cities, and towns, of the apportionment of his township, city or town and said clerk shall immediately thereafter cause to be posted in three public places in his township, city or town, a notice that the board of supervisors of the township, or board of aldermen or city council of the city, or the board of trustees of the town as the case may be, will at their next regular meeting, draw the names of the qualified jurors of the township, city or town to make up the grand and petit jurors list of the county; such notice shall state the place and hour of such meeting, within the township, city or town and designate the day, which shall be the day of the regular meeting of such board, or council, next after the posting of such notice. § 2. REPEAL.] That all acts or parts of acts in conflict with the provisions of this act are hereby repealed. Approved February 28, 1893. CHAPTER 113. [S. B. 237.] IMPANELING A JURY. AN ACT to Amend Section 7, Chapter 94 of the Session Laws of 1891. § 1. AMENDMENT.] That Section 7 of Chapter 94 of the Session Laws of 1891 be, and the same is hereby amended to read as follows: "Section 7. JURORS SUMMONED.] If no appearance be made in said proceeding by any of the defendants within the time specified in the summons, the plaintiff upon affidavit of the default may apply to the court for an order directing the clerk of the court to draw and summon eighteen jurors to attend at the court house or place of holding the circuit court of the county, at a time to be specified in such order. Said jurors shall be drawn and summoned in the same manner as jurors are drawn and summoned for the regular or special terms of the circuit court. If any of the defendants shall have appeared in such proceeding, the plaintiff shall give such defendants three days notice of the time and place of trial by service of such order. Proceedings in impaneling the jury or juries, trial and rendering the verdict or verdicts, may be had at or during a regular term of the court, and in such case the plaintiff shall give such defendants as shall have appeared, three days notice of the time and place of such proceedings." $ 2. EMERGENCY.] There being no adequate law on the subject of this act, an emergency is declared to exist and this act shall be in force and effect from and after its passage and approval. Approved March 4, 1893. LEGAL NEWSPAPER. CHAPTER 114. [S. B. 199.] DEFINING LEGAL NEWSPAPERS. AN ACT Defining a Legal Newspaper for the Publication of Legal and Other Official Notices in the State of South Dakota. Be it Enacted by the Legislature of the State of South Dakota: § 1. LEGAL NEWSPAPER DEFINED.] That no newspaper shall be considered a legal newspaper for the publication of legal and other official notices unless the same shall have a bona fide circulation of at least 200 copies weekly, and shall have been published within the county for 52 successive weeks prior to the publication of such notices, and be printed either in whole or in part in an office maintained at the place of publication. § 2. AFFIDAVIT OF PUBLICATION TO CONTAIN WHAT.] That all legal and other official notices shall be published in a legal newspaper as defined in Section 1 of this act, and that the affidavit of publication shall state that said newspaper is a legal newspaper, which affidavit shall be prima facie evidence of that fact. § 3. PROVISIONS OF THIS ACT NOT TO APPLY—WHEN.] The provisions of this act shall not apply in counties wherein but one newspaper is published, or in counties where no newspaper has been published for a period of one year prior to the publication of such legal or other official notices, or in counties where no newspaper is published having the circulation required in Section 1 of this act. $ 4. REPEAL.] All acts or parts of acts in conflict with this act are hereby repealed. $5. EMERGENCY.] There being no adequate law covering the provisions of this act, an emergency is hereby declared to exist, and this act shall be in force from and after its passage and approval. Approved March 4, 1893. M LEGISLATIVE JOURNALS. CHAPTER 115. [H. J. R. 128.] PROVIDING FOR THE PRINTING AND DISTRIBUTION OF PERMANENT JOURNALS. A JOINT RESOLUTION to Provide for the Printing and Distribution of the Permanent Journal of the Senate and of the House of Representatives of the Third Session of the Legislature of the State of South Dakota. Be it Resolved by the House of Representatives the Senate Concurring: § 1. NUMBER OF BY WHOM PRINTED.] That there be printed and bound five hundred (500) copies of the Senate and House Permanent Journals by the parties who now have the printing of the Senate and House Bills and Journals. Such journals shall be bound in card board sides, leather backs and corners and with double cloth joints. § 2. TO BE DELIVERED TO SECRETARY OF STATE.] That the chief clerk of the house and the secretary of the senate shall without unnecessary delay after the close of the session of the legislature deliver to the secretary of state, for the use of the printers, correct copies of the House and Senate Journals respectively, with proper and correct indexes to the same. § 3. DISTRIBUTION.] That upon receipt of such copies by the secretary of state he shall without unnecessary delay cause such journals to be printed by the parties hereinbefore mentioned and bound as hereinbefore specified and shall distribute one copy of each journal without cost to the following persons: First-All state officers. Second-Judges of the supreme court. Fourth--All members of the legislature. Fifth-All officers, clerks and employes of the legislature. Sixth-The librarian of congress and the librarian of each state library in the United States. § 4. SECRETARY OF STATE MAY SELL.] That one hundred and fifty (150) copies of each journal shall be placed in the state library for the use of the legislature when in session, and that the surplus, if any, may be sold by the secretary of state, at a fair price, in no case less than cost and ten per cent added, and the proceeds of such sales be turned over to the state treasurer and applied to the general fund. § 5. DUTY OF STATE AUDITOR.] That the state auditor shall draw his warrant upon the state treasurer in favor of the secretary of state for all sums actually needed by the said secretary to cover all postage and expense incurred in distributing such journals under the provisions of this resolution. § 6. EMERGENCY.] Whereas an emergency exists this law shall be in force and take effect from and after its passage and approval. LIENS. CHAPTER 116. [S. B. 81.] RELATING TO MECHANICS' LIENS. · AN ACT to Amend Sections 5470, 5476, 5478 and 5481 of the Compiled Laws of 1887, Relating to Mechanics' Liens and Providing for Saving Clause and Repeal. Be it Enacted by the Legislature of the State of South Dakota: § 1. AMENDMENT.] That Section 5470 of the Compiled Laws of 1887 be and the same is hereby amended by striking out the word "correct" wherever it occurs. § 2. AMENDMENT ACCOUNT—WHERE FILED.] That Section 5476 of the Compiled Laws of 1887 be and the same is hereby amended so as to read as follows: "Every other person who wishes to avail himself of the provisions of this article, may file with the clerk of the circuit court of the county or judicial subdivision in which the building, erection or other improvements to be charged with the lien is situated, and within ninety days after all the things aforesaid shall have been furnished or the labor done, a just and true account of the demand due him after allowing all just credits within his knowledge, and containing a description of the property to be charged with the lien, and verified by affidavit which shall be notice that such person claims a lien upon such property; but the failure to file the same within the time aforesaid shall not defeat the lien, except against purchasers or incumbrancers in good faith, without notice, whose rights shall have accrued after the ninety days and |