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order the property owners along the line of said street to lay house drains from the main sewer in such street to the curb line on either side of the street at intervals not less than twenty feet along the whole length of such paved street, except at the street and alley crossings. Notice of such order shall be given to the owners or occupants of the property adjoining such paved street, by publication thereof for six days in the official newspaper of the city, requiring them to do such work opposite their respective lots or parcels of land according to plans and specifications to be prepared and placed on file in the office of the city engineer, showing location, size and the kind and quality of the material of such lateral sewers or drains; and if such owner or occupants shall refuse or neglect to do the same before the paving or repairing of said street so ordered, and within ten days after the publication of such notice the city council may procure the same to be done, by contract or otherwise, and charge and assess the expense thereof to the lots, or parts of lots and parcels of land fronting upon such work, in the manner provided in and by the provisions of this act; and the same shall be levied and collected in the manner provided in this act. Provided, That no street shall be paved or repaved by order of the city council, unless the necessary sewers and their connections shall, as required by the city council, be first laid and constructed in that portion of such street so to be paved or re-paved. Provided, That if such city shall have heretofore constructed any sewer as provided in Section 10 of this act, in any street or streets of such city which have been ordered to be paved, and shall also have constructed and connected therewith drains and sewer pipes from the main sewer to the curb lines, as provided in this section, then the cost of such sewer connections may be included in and made a part of the assessment of the abutting property as provided in Section 10.

§ 28. REPEAL.] All acts and parts af acts in conflict with the provisions of this act are hereby repealed.

§ 29. EMERGENCY.] Whereas, no adequate provision of law exists for the construction of systems of sewerage, therefore an emergency is declared to exist, and this act shall take effect and be in force from and after its passage and approval. Approved February 11, 1893.

SINKING FUND.

CHAPTER 151.

[S. B. 201.]

CREATING A SINKING FUND.

AN ACT to Create a Sinking Fund to Provide for the Payment of the Bonds of the State of South Dakota, Amounting to the Sum of One Hundred Thousand Dollars, Issued Under the Provisions of Chapter 30, of the Laws of 1890.

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

§ 1. BOARD OF EQUALIZATION TO LEVY SINKING FUND TAX. The state board of equalization, at the session of said board, to commence on the first Monday in August, 1893, shall determine the rate of state tax necessary to be levied for the purpose of providing a sufficient sinking fund to pay the annual interest and the principal of one hundred thousand dollars of state indebtedness, evidenced by the bonds of the state, issued under the provisions of Chapter 30, of the Session Laws of 1890, within ten years from the first day of March, 1890, the date of the final passage and approval of said act, as required by Section 1, of Article 11, of the state constitution. Said board is hereby authorized and it is [made] their duty to levy a tax at said session, and annually thereafter, at a rate to be determined, each year, by them for the purpose, upon the valuation of property, equalized by them, sufficient to create the sinking fund authorized by this act.

§ 2. TAXES COLLECTED TO REMAIN A SPECIFIC FUND.] The sinking fund created by Section 1 is hereby authorized and the said taxes shall be collected as other state taxes are collected; and the treasurer of the state shall keep the moneys paid to him for said purpose in a specific and separate fund to be used for the exclusive purpose above specified.

Approved March 4, 1893.

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SOLDIERS AND SAILORS.

CHAPTER 152.
[S. B. 165.]

RELATING TO EMPLOYMENT IN PUBLIC SERVICE.

AN ACT to Amend Section 2475 of the Compiled Laws of 1887, Relating to the Employment of Persons in the Public Service.

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

§ 1. AMENDMENT-PENALTY.] That Section 2475 of the Compiled Laws of 1887, be amended so as to read as follows: Section 2475. All officials or other appointing power in the public service who shall neglect or refuse to comply with the provisions of the preceding section shall be deemed guilty of a misdemeanor, and shall on conviction thereof be punished by a fine not exceeding one thousand dollars or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment at the discretion of the court.

§ 2. REPEAL.] All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved February 23, 1893.

STATE AGENT.

CHAPTER 153.

[S. B. 217.]

PROVIDING FOR THE EMPLOYMENT OF A STATE AGENT. AN ACT to Provide for the Employment of a State Agent to Prosecute Claims of the State of South Dakota Against the Government of the United States.

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

§ 1. APPOINTMENT OF AGENT--DUTIES OF.] That the governor of the state be and he is hereby authorized and empowered to employ an agent for the State of South Dakota

whose duty it shall be to prosecute to final decision in the proper departments of the government of the United States, or in any of the courts of the United States having jurisdiction thereof, the claims of the State of South Dakota, for the five per cent due or claimed to be due the said state from the United States for, or on account of public lands within this state disposed of by the United States as Indian reservations or for the benefit of Indians and by the location of military land warrants and land script issued for military service in the wars of the United States, and by the location of the agricultural college script, or other script, or by reason of any other disposal of the public lands of the United States within the State of South Dakota, or for school lands or indemnity therefor. Provided, That the provisions of this act shall only apply to disputed or unadmitted claims of the State of South Dakota against the United States. It shall also be the duty of said agent to prosecute to final decision all claims for school lands which may be due said state from the United States on account of Indian or military reservations and for any other claim or claims of any class whatever now due or hereafter to become due from the United States government to the State of South Dakota; Provided however, the provisions of this act shall not apply to any claim of the state for the five per cent for the lands sold which is or may be voluntarily allowed or admitted by the United States. Provided, That no part of the money that may be secured to the state from or on account of any of the matters mentioned in this act shall be paid by the United States to such agent, but the same shall be paid to the treasurer of this state; and such agent shall have no authority to take or receive from the United States such money or any part thereof.

§ 2. COMPENSATION OF AGENT-HOW FIXED AND PAID.] Such agent shall be allowed and entitled to receive from the state such compensation for his services as may be fixed by the governor, the commissioner of school and public lands and the attorney general of the state, not to exceed seven per centum upon the amount secured to the state, and such compensation shall be paid only after the claims herein before mentioned shall be paid over to the state treasurer in whole or in part, and such compensation so agreed upon shall be paid by the treasurer on the warrant of the auditor of the state, who is hereby authorized to draw the same; but no part of such compensation shall be paid until the amount for the recovery of which the same is due has been actually received by the state treasurer, nor shall the state be otherwise liable for the payment of such compensation or any other expense whatever attending or growing out of the prosecution of such claims.

$ 3. SHALL NOT BE PAID IN EXCESS OF WHAT.] In case any lands are secured to the state for school purposes or other

wise by such agent, then he shall be paid for his services in that behalf, in money not to exceed five per cent of the value of the lands so secured, upon a basis of one dollar and twentyfive cents per acre.

§ 4. APPROPRIATION.] There is hereby appropriated out of the funds of this state, not otherwise appropriated, an amount sufficient to pay the compensation of said agent as above provided for and under the conditions above stated.

§ 5. EMERGENCY.] There being now no law authoring the appointment or defining the duties of such state agent, an emergency exists and this act shall take effect and be in force from and after its passage and approval. Approved March 4, 1893.

STOCK.

CHAPTER 154.

[H. B. 37.]

REGULATING THE SHIPMENT OF LIVE STOCK.

AN ACT to Regulate the Shipping of Live Stock Into the State, Through the State and Out of the State of South Dakota.

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

§ 1. MUST HAVE CERTIFICATE OF INSPECTION.] That no live stock shall be shipped or driven into the State of South Dakota, from any part of the infected districts, south or east of the quarantine line as established by the United States government or any quarantine line that may be established by the governor of the state, unless such stock is accompanied with a certificate from a United States stock inspector or a state veterinary surgeon, that said stock has been inspected by him and has complied with all the conditions of the United State quarantine laws and regulations, and that said stock is free from disease.

§ 2. STOCK TO BE IMMEDIATELY REMOVED TO RANGE.] That all live stock shipped into the State of South Dakota for the purpose of ranging the same in said state, shalı be removed from the unloading station in said state within forty-eight hours after unloading the same and driven immediately to their range

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