RAILROAD COMMISSIONERS. CHAPTER 136. [Sub. S. B. 9.] PROVIDING FOR THE ELECTION OF RAILROAD COMMISSIONERS. AN ACT Providing for the Election of Railroad Commissioners and Fixing Their Compensation. Be it Enacted by the Legislature of the State of South Dakota: § 1. ELECTION OF COMMISSIONERS.] At the general election in November, 1894, and at each general election thereafter there shall be chosen, from districts, by the qualified electors of the state at large, as hereinafter provided, three railroad commissioners, whose terms of office shall commence on the first Tuesday after the first Monday in January next following their election, and shall hold their office for two years and until their successors are elected and qualified. $2. DISTRICTS.] For the purposes of this act the state shall be divided into three districts to be designated railroad commissioner districts, as follows: The first district shall comprise all that part of the state east of the Missouri river and south of the second standard parallel; the second district shall comprise all that portion of the state north of the second standard parallel and east of the Missouri river; the third district shall comprise all that portion of the state lying west of the Missouri river. §3. QUALIFICATIONS.] No person shall be eligible to the office of railroad commissioner except a citizen of the United States, who is a qualified elector of this state and who shall have attained the age of twenty-five years, and shall have resided within this state for at least two years next preceding his election, and at the time of his election be a resident of the dis trict from which he is elected, and who is not disqualified as provided by Section two of Chapter 110 of the Session Laws of 1889 of the Territory of Dakota. § 4. BOARD OF RAILROAD COMMISSIONERS-POWERS.] The railroad commissioners so elected shall constitute a board to be known and designated as the board of railroad commissioners of the State of South Dakota, and they shall keep their office at the seat of government. They shall have power to elect a secretary and prescribe his duties. $ 5. SALARY.] The salary of such commissioners shall be fifteen hundred dollars each per annum and the salary of the secretary shall not exceed eight hundred dollars per annum. § 6. OATH AND BOND.] Such railroad commissioners shall take and subscribe the same oath as required of other state officers, and shall execute to the state a bond in the penal sum of five thousand dollars, with sufficient sureties to be approved by the secretary of state and conditioned for the faithful performance of his duties, which oath and bond shall be filed with the official bonds of other state officials. § 7. SUCCEED THE PRESENT RAILROAD COMMISSION. ] Such commissioners shall be the successors in office of the railroad commissioners appointed under existing law, and shall possess the powers and privileges and perform the duties prescribed by law. $8. VACANCIES--APPOINTMENTS.] In case of the death, resignation or removal from office or whenever any commissioner elected or appointed under the provisions of this act ceases to be a resident of the district from which he is elected or appointed, a vacancy shall be deemed to exist, and the governor shall within thirty days after such vacancy occurs, appoint a resident of such district possessing the qualifications prescribed by Section 3 of this act, who shall immediately qualify as provided in Section 6 of this act and shall hold said office until the next general election and until his successor is elected and qualified, but for the purpose of re-election no commissioner shall be deemed to have lost his residence in the district by reason of his removal to the seat of government in the discharge of his official duties. $9. EMERGENCY.] For the purpose of carrying into ef fect the provisions of this act relating to railroad commissioner districts, an emergency is declared to exist and this act shall take effect from and after its passage and approval and the railroad commissioners whose terms of office shall commence on the first day of April, A. D. 1893, shall be selected and appointed one from each district as defined by Section 2 of this act. § 10. REPEAL.] Sections 1 and 2 of Chapter 110 of the Session Laws of 1889 of the Territory of Dakota, and all acts and parts of acts in conflict with this act are hereby repealed. Approved March 4, 1893. CHAPTER 137. [S. B. 41.] POWERS OF RAILROAD COMMISSIONERS. AN ACT Relating to the Powers of Railroad Commissioners. § 1. MAY ORDER RAILROAD COMPANIES TO MAKE CONNECTIONS AT JUNCTION POINTS.] It shall be the duty of the railroad commissioners to order all railroad companies in this state to make connections with their passenger trains, where the same can be reasonably done, with other railroads at junction points; but before making such order they shall give thirty days' notice in writing to a station agent of the companies interested, at such junction, of the time and place, when and where such companies may be heard in opposition to the making of such order. § 2. PENALTY FOR FAILURE TO COMPLY.] Whenever such an order is made and written notice thereof served on the station agent of the company or companies affected, at the place where connection is ordered, it shall be the duty of such companies to comply therewith, and a failure so to do for thirty days after such service, shall subject the offending company to a penalty of one hundred dollars, and an additional penalty of one hundred dollars per day for every day in addition to said thirty days, which penalties may be recovered in an action by any person in the name of the state, and when so recovered one-half shall go to the prosecution and the remainder to the school fund of the county where the prosecution is had. §3. REPEAL.] All acts and parts of acts in conflict with this act are hereby repealed. Approved March 4, 1893. RAPE. CHAPTER 138. [Sub. H. B. 186.] RELATING TO RAPE. AN ACT to Amend Section 6521 of the Compiled Laws of 1887, Relating to Rape. Be it Enacted by the Legislature of the State of South Dakota: § 1. RAPE DEFINED.] That Section 6521 of the Compiled Laws of 1887 be amended so as to read as follows: Section 6521. Rape is an act of sexual intercourse accomplished with a female not the wife of the perpetrator, under either of the following circumstances: 1. When the female is under the age of sixteen years. 2. When she is incapable through lunacy or any other unsoundness of mind, whether temporary or permanent, of giving legal consent. 3. When she resists but her resisistance is overcome by force or violence. 4. When she is prevented from resisting by threats of immediate and great bodily harm accompanied by apparent power of execution. 5. When she is prevented from resisting by any intoxicating narcotic or anesthetic agent, administered by or with the privity of the accused. 6. When she is at the time unconscious of the nature of the act and this is known to the accused. 7. When she submits under a belief that the person committing the act is her husband and this belief is induced by artifice, pretence or concealment practiced by the accused with the intent to induce such belief. § 2. REPEAL.] All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Approved March 1, 1893. REDEMPTION. CHAPTER 139. [S. B. 96.] RELATING TO REDEMPTION OF REAL ESTATE. AN ACT to Repeal Section 5159, Chapter 13 of the Compiled Laws of 1887, Being Section 353 of the Code of Civil Procedure, Relating to Redemption from Sales of Real Estate. Be it Enacted by the Legislature of the State of South Dakota: $1. REPEAL.] That Section 5159 of the Compiled Laws of 1887, being Section 353 of the Code of Civil Procedure, is hereby repealed. Approved February 24, 1893. CHAPTER 140. RELATING TO REDEMPTION OF REAL PROPERTY. AN ACT to Amend Sections 5421 and 5447 of the Compiled Laws of 1887, Relating to the Redemption of Real Property Sold under Foreclosure of Mortgage. Be it Enacted by the Legislature of the State of South Dakota: § 1. AMENDMENT-TIME OF REDEMPTION EXTENDED.] That Sections 5421 and 5447 of the Compiled Laws of 1887, be amended to read as follows: All real property sold upon foreclosure of mortgage, by advertisement, order, judgment or decree of court, may be redeemed at any time within one (1) year after such sale in like manner and to the same effect as provided in Article 5 of Chapter 13 of this code for redemption of real property sold upon execution, so far as the same may be applicable, by: 1. The mortgagor or his successor in interest in the whole or any part of the property. 2. A creditor having a lien by judgment or mortgage on the property sold, or on some share or part thereof, subsequent to that on which the property was sold, such creditor is termed a redemptioner and has all the rights of a redemptioner under that chapter, and the mortgagor and his |