receipt therefor on the back of the copy of the duplicate receipt issued to such bidder.

§3. AMENDMENT LANDS IN UNORGANIZED COUNTIESHOW LEASED.] That Section seven 7 of Chapter 136, of the laws of 1890, be and the same is hereby amended so as to read as follows: "Section 7. Any unorganized county containing lands .which the board of school and public lands shall deem advisable to offer for lease, shall be attached for leasing purposes to some organized county to be designated by the governor, and it shall be the duty of the county auditor and county treasurer of such organized county to perform the same services in connection with the leasing of lands situated in such unorganized county as they may be required to perform in connection with. the leasing of lands situated in such organized county.

§ 4. AMENDMENT LANDS TO BE SOLD AT AUCTION.] That Section seventeen (17) of Chapter 136, laws of 1890, an act regulating the disposal of the common school and other lands of the state, be and the same is hereby amended so as to read as follows: "Section 17. All sales shall be conducted through the office of the commissioner of school and public lands. The commissioner of school and public lands, shall at the time appointed, direct the sale of the lands designated. In case the office of commissioner is vacant, or the incumbent thereof is unable to act, the duties prescribed in this section may be performed by his agent duly appointed and commissioned by him for that purpose, which said appointment the commissioner is hereby empowered to make. Said lands shall be sold at public auction to the highest bidder, at the front door of the court house of the county in which the said lands are situated, or if there be no court house in such county, then at the front door of the building in which the office of the register of deeds of the county is located, and between the hours of ten o'clock a. m. and 5 o'clock p. m. only. No bid shall be received for less than [the] appraised value and in no case for less than ten dollars per acre. The commissioner of school and public lands or his agent may adjourn the sale from day to day, and for good cause may adjourn it for a period of not more than three days. The county anditor shall act as clerk at all sales of school lands and shall keep a complete record of such sales and forward a certified copy of the same to the commissioner of school and public lands.

§ 5. AMENDMENT DEPOSIT WITH COUNTY TREASURERTITLE.] That Section eighteen (18) of Chapter 136 of [the] laws of 1890 be and the same is hereby amended so as to read as follows: Section 18. Whenever a bid is accepted, the purchaser must at once deposit with the county treasurer the amount of the first payment of the price named together with the amount of the

P

interest for the fiscal year on the deferred payments, or if the same be sold for cash, he must deposit the full amount of the price named, and in either case, take the treasurers receipt for the money deposited, a copy of which receipt shall be retained by the treasurer in his office. The purchaser shall exhibit said receipt to the county auditor, who shall thereupon make a complete report of the case to the commissioner of school and pub- · lic lands. No sale shall operate to convey any right or title to any lands for sixty (60) days after the date thereof, nor until the same shall have received the approval of the governor.

§ 6. AMENDMENT CONTRACT APPROVAL OF SALE.] That Section nineteen (19) of Chapter 136, Laws of 1890 be and the same is hereby amended so as to read as follows: Section 19. The commissioner of school and public lands shall on receipt of a report that a tract has been sold, cause to be prepared a contract of sale for such tract in duplicate, according to a form which the board of school and public lands shall prescribe, if the land is to be paid for in installments, and shall submit the same to the governor for his approval. Should the governor approve the sale, he shail certify to such approval upon the contract, and the commissioner of school and public lands shall thereupon execute the same. One copy of said contract shall be filed in the office of the said commissioner, and the other shall be forwarded to the county auditor, to be delivered to the purchaser, after the expiration of sixty (60) days from the date of sale. Whenever the said commissioner receives a report stating that a tract has been sold for cash, he shall report such sale to the governor. Should the governor approve the sale, the said commissioner shall cause to be prepared a patent for such tract, according to a form which the board of school and public lands shall prescribe, which shall be executed in the name of the state by the governor and attested by the said commissioner, under the seal of his office. Such patent shall be forwarded to the county auditor for delivery to purchaser after the expiration of sixty (60) days from the date of sale. Upon the delivery of a contract or patent to a purchaser, as herein provided, the county auditor shall notify the county treasurer of such delivery. The county treasurer shall then pay to the state treasurer the money deposited by such purchaser. Should the governor disapprove the sale of any tract, the county treasurer shall return to the purchaser thereof the sum in full, deposited for such tract, taking such purchaser's receipt therefor on the back of the original receipt issued to such purchaser.

§ 7. AMENDMENT-LANDS SOLD SHALL BECOME SUBJECT TO TAXATION.] That Section thirty-one (31), of Chapter 136, Laws of 1890, be and the same is hereby amended to read as follows: Section 31, Whenever a county auditor shall deliver

a contract of sale to a purchaser of lands, under the provisions of this act, the auditor shall take notice of the same, and such land shall thereupon become subject to taxation the same as other lands; and taxes shall be assessed thereon, collected and enforced, in like manner as taxes on other lands. Provided, however, That the purchaser of any such land sold for delinquent taxes shall acquire and shall only acquire by virtue of such purchase, such rights and interests as belong to the party holding the contract of sale, herein before provided for, and the right to be substituted in the place of such holder as the assignee thereof, and upon exhibition to the proper officer of the tax certificate given at a tax sale in case said land has not been redeemed, such tax purchaser shall have the right to make any payment of principal or interest then in default upon such contract of sale, as the assignee thereof, prior to the redemption of said land. And in case such holder of such contract of sale shall fail to redeem said land within the time allowed by law for the redemption of other lands sold for taxes, and also pay to said proper officer, for the use of the holder of said tax certificate, all payments of principal and interest, if any, made by him upon such contract of sale, with the interest from the time so made at the rate of twelve (12) per cent per annum, then the holder and owner of such tax certificate, upon the receipt of a tax deed thereon, duly given, and the filing of a certified copy of the same with the commissioner of school and public lands, shall be given by the said commissioner a special contract of sale of said lands, embodying the same terms and conditions and with like force and effect as the original contract of sale and in lieu thereof.

§ 8. REPEAL.] That all acts and parts of acts in conflict with the provisions of this act are hereby repealed.

$ 9. EMERGENCY.] Whereas, it is necessary that provisions should be made for the early leasing of state lands, an emergency exists, which requires that this act shall take effect from and after its passage and approval, and it is hereby provided that it shall so take effect.

Approved March 6, 1893.

CHAPTER 147.

[S. B. 51.]

RELATING TO LEASING OF SCHOOL AND PUBLIC LANDS.

AN ACT to Amend Chapter 136, Laws of 1890, Relating to Leasing of the Common School and other Public Lands of the State.

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

§ 1. AMENDMENT-MAY LEASE FOR A TERM OF YEARSLESSEE MAY REMOVE IMPROVEMENTS. ] That Section 4 of Chapter 136, Laws of 1890, be and the same is hereby amended by adding to said section the following words: "Provided, That if upon offering for lease the aforesaid lands, a bidder for leasing of the same, shall offer to pay therefor, for a one-fourth section of land a greater sum per annum for a period of five years, than any other bidder for one year, or for any term of years less than five years, the said land shall be leased to the party so offering to lease the same for five years. Provided, That no land shall be leased for a less price than the minimum price per acre as fixed by the board of commissioners of school and public lands under the regulations now required by law, the rental thereof to be paid annually in advance, and security to be given for payment of each succeeding year, to the satisfaction of the proper officer or officers. Provided, further, That in case of a sale of the land so leased during the term of the lease, the lessee to be given ninety days' notice, and Provided, further, That at the expiration of said lease or within ninety days of the date of receiving the aforesaid notice, the said lessee may remove from said lands so leased, all fences, sheds, water tanks, wind mills, etc., used upon said lands by said les

see.

§ 2. AMENDMENT-LIMITATION OF LEASE.] That Section 8 of Chapter 136 of the Laws of 1890, be amended to read as follows, to-wit: Section 8. No lease shall be executed for a longer term than five years. No lands shall be leased except

for pasturage and meadow purposes.

$3. EMERGENCY.] An emergency is hereby declared to exist and this act shall take effect from and after its passage and approval.

Approved March 4, 1893.

CHAPTER 148.

[S. B. 276.]

PROVIDING FOR THE EXAMINATION OF SCHOOL LANDS.

AN ACT to Provide Means for the Purpose of Paying the Expenses of Examining the School Lands of the State of South Dakota, and Defining the Duties of the Commissioner of School and Public Lands in Relation Thereto.

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

§ 1. APPROPRIATION.] That for the purpose of examining and mapping the school sections of the State of South Dakota, as provided to be done in Section 2 of this act, there is hereby appropriated out of the income fund the sum of fifteen hundred dollars, or so much thereof as may be necessary.

§ 2. DUTY OF COMMISSIONER OF SCHOOL AND PUBLIC LANDS.] It is hereby made the duty of the commissioner of school and public lands to examine or cause to be examined, all of the unsold school lands belonging to the State of South Dakota, and cause plats to be made of each school section or fractional part thereof, showing the topography, the character of the soil, the location of all streams of water or draws across each government subdivision of each section, the proximity of each section to cities, towns and railroads, also the special value, if any, whether for hay, grazing, agricultural, townsite or other purposes. § 3. PLATS WHERE FILED.] That the plats and records made as provided for in Section 2 of this act shall be compiled and bound in a good and substantial manner and filed in the office of the commissioner of school and public lands as a part of the public records thereof.

Approved March 6, 1893.