construed to apply to any person retailing the productions which can be shown to be his or her own manufacture or production. § 4. REPEAL. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Approved March 4, 1893. CHAPTER 124. RELATING TO INCORPORATION OF CITIES. AN ACT to Amend Subdivision 72 of Section 1 of Article 5 of Chapter 37 of the Session Laws of 1890, Relating to the Incorporation of Cities. Be it Enacted by the Legislature of the State of South Dakota: § 1. AMENDMENT-CITY COUNCIL MAY GRANT RIGHT-OFWAY.] That Subdivision 72 of Section 1 of Article 5 of Chapter 37, Session Laws of 1890, relating to the incorporation of cities, be and the same is hereby amended by adding to said subdivison the following: Provided, That such grant or right may be given to occupy any street, a portion of which is bordered by the right-of-way of an existing railroad, on an affirmative vote of at least two-thirds of the members elect of the council. § 2. REPEAL.] That all acts or parts of acts in conflict with this act are hereby repealed.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 28, 1893. CHAPTER 125. POWERS OF BOARDS OF TRUSTEES. AN ACT to Amend Subdivision 20 of Section 1043 of Chapter 11, of the Compiled Laws, Relating to Powers of Boards of Trustees. Be it Enacted by the Legislature of the State of South Dakota: § 1. AMENDMENT-POWERS OF BOARD OF TRUSTEES. ] That Subdivision 20 of Section 1043 of Chapter 11 of the Compiled Laws be amended to read as follows: Twenty (20). authorize the construction and maintenance of street railways, To water mains and water pipes, and gas mains and gas pipes along or through the streets and alleys within the corporate limits, and to grant franchises and rights to persons, associations or corporations for such purpose, and to regulate the same. and to license, regulate, tax or prohibit and suppress billiard, bagatelle, pigeon-hole or any other table or implements kept or used for a similar purpose in any public resort, pin-alleys or ball-alleys. § 2. REPEAL.] All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Approved February 28, 1893. CHAPTER 126. RELATING TO INCORPORATION OF CITIES. AN ACT to Amend Section 2 of Article 2 of Chapter 37, of the Session Laws of 1890. Entitled "An Act to Provide for the Incorporation of Cities and their Classification According to Population. Be it Enacted by the Legislature of the State of South Dakota: $ 1. AMENDMENT-CITY AUDITOR TO TAKE CENSUSWHEN.] That Section 2 of Article 2 of Chapter 37, of the Session Laws of 1890, entitled "An Act to provide for the incorporation of cities and their classification according to population," be and the same is hereby amended so as to read as follows: "Section 2. It shall be the duty of the city auditor of each city organized under this act, on or before the 20th day of March next succeeding the time when the same shall be so incorporated, and on the 20th day of March in the year 1895, and every fifth year thereafter, to file in his office his certificate, under seal, of the population of his city, which certificate shall be conclusive of such population, and shall be determined in the following manner: He shall take the total vote cast for governor in his city and the next preceding general election and multiply the same by five, and the product thereof shall be the population of such city for the purposes herein named.” § 2. REPEAL.] All acts and parts of acts in conflict with this act are hereby repealed. $3. EMERGENCY.] Whereas the provisions of law upon the subject of this act are inadequate, therefore an emergency exists, and this act shall take effect and be in force from and after its passage and approval. Approved January 27, 1893, CHAPTER 127. [S. B. 131.] JURISDICTION OF JUSTICES OF THE PEACE. AN ACT to Amend Sections 1 and 11 of Article 11, of Chapter 37, of the Session Laws of 1890, Relating to the Jurisdiction of Police and City Justices of the Peace. Be it Enacted by the Legislature of the State of South Dakota: § 1. AMENDMENT.] That Section 1 of Article 11, of Chapter 37, of the Session Laws passed at the first legislative session of the State of South Dakota in 1890, be and the same is hereby amended so as to read as follows: "Section 1. JURISDICTION OF POLICE JUSTICES. ] The police justice of the peace shall have concurrent jurisdiction with that of the city justice of the peace to hear, try and determine offenses against the ordinances of the city; and he shall have concurrent jurisdiction with other justices of the peace in the county in all other cases, civil and criminal. Provided, That all fines, penalties and forfeitures for the violation of any city ordinances, when tried before the police or city justice, shall, when collected, be paid by the officer receiving the same to the city treasurer of such city." § 2. AMENDMENT.] That Section 11. of Article 11, Chapter 37 of the Session Laws passed at the first session of the legislature of the State of South Dakota in 1890, be and the same is hereby amended so as to read as follows: "Section 11. JURISDICTION OF CITY JUSTICES.] The city justice of the peace shall have concurrent jurisdiction with that of the police justice to hear, try and determine offenses against the ordinances of the city with the same power and authority as is now possessed by the police justice of the peace in reference thereto, and the practice, procedure, and duties of the city justice shall be the same as is now possessed by the police justice of the peace. The city justice of the peace shall also have the same jurisdiction as justices of the peace within said county in all civil and criminal cases, and within the jurisdic tion hereby conferred the power of said court as a committing magistrate and in the trial of cases, shall be the same, as now or hereafter provided by the laws of the state for justices of the peace, and the process and proceeding of said court shall be governed by the laws regulating proceedings in justices' courts, and in all cases of trial in said court an appeal may be taken to the county or circuit court for said county in the same manner and upon the same condition as provided by the laws of the state in cases of appeal from justices of the peace, and on such appeal the county and circuit court shall have the power as provided by said laws. § 3. REPEAL.] All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Approved February 27, 1893. CHAPTER 128. [S. B. 191.] PROVIDING FOR FILLING VACANCY IN OFFICE OF MAYOR. AN ACT to Provide for Filling of Vacancy in the Office of Mayor in Cities of the Third Class. Be it Enacted by the Legislature of the State of South Dakota: § 1. VACANCY---HOW FILLED.] When a vacancy occurs in the office of mayor in cities belonging to the third class, the president of the city council shall be acting mayor during the unexpired term, unless a special election shall be ordered. § 2. REPEAL.] All acts and parts of acts in conflict herewith are hereby repealed. §3. EMERGENCY.] There being no adequate law on this subject, 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 27, 1893. CHAPTER 129. RELATING TO SALARY OF ALDERMEN. AN ACT to Enable City Councils in Cities of the First Class to Fix the Salary of Aldermen of Such City by Ordinance. Be it Enacted by the Legislature of the State of South Dakota: § 1. CITY COUNCIL MAY FIX SALARY OF ALDERMEN.] That in cities of the first class within this state, the city council may, by ordinance, fix the salary of its aldermen at not to exceed one hundred dollars per annum. Provided, That an additional compensation not exceeding one hundred dollars per annum may be, by ordinance, allowed and paid to the chairman of not exceeding one standing committee. § 2. REPEAL.] All acts and parts of acts, inconsistent with this act, are hereby repealed. § 3. EMERGENCY.] It is hereby declared that an emergency exists and therefore this act shall take effect and be in force from and after its passage and approval. Approved February 27, 1893. PAROLE. CHAPTER 130. [S. B. 166.] REPEAL OF THE PAROLE LAW. AN ACT to Repeal Chapter One Hundred Twenty-one [121] of the Session Laws of 1890, Entitled "An Act to Provide for Paroling Prisoners." Be it Enacted by the Legislature of the State of South Dakota: $1. REPEAL-EXISTING PAROLES NOT EFFECTED.] That Chapter one hundred twenty-one [121] of the Session Laws of 1890, entitled "An Act to provide for paroling prisoners," approved March 6, 1890, be and the same is hereby repealed. Provided, That nothing in this act shall affect paroles now in force. § 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 27, 1893. |