PAY TAXES.] At any time after the expiration of thirty days from the time any such tax has become due and payable the state treasurer shall distrain sufficient property of the delinquent to pay the same, together with said penalty and the cost of distraint and sale, and shall immediately advertise the sale of the same in at least three newspapers published in the state, stating the time when and place where such property shall be sold, and four weeks notice of the time and place of such sale shall be given. Such sale shall take place at some point in this state, and the proceeds thereof shall be applied to the payment of such tax, penalty and cost. § 3. TAX NOW DUE HOW COLLECTED.] All taxes now due the state from such companies shall be collected in the manner herein provided. § 4. REPEAL.] All acts and parts of acts in conflict with this act are hereby repealed. Approved March 4, 1893. TELEGRAPH AND TELEPHONES. CHAPTER 164. [S. B. 210.] PROTECTING TELEGRAPH AND TELEPHONE PROPERTY. AN ACT to Prevent the Unlawful Use of Telegraph and Telephone Lines and Instruments, and to Protect them from Injury. Be it Enacted by the Legislature of the State of South Dakota: § 1. UNLAWFUL TO WILFULLY INJURE.] That whoever shall wilfully and maliciously cut, break, tap, or make any connection with, or read, or copy, by the use of telegraph or telephone instruments or otherwise, in any unauthorized manner, any message, either social or business, sporting, commercial or other news reports, from any telegraph or telephone line, wire or cable, so unlawfully cut or tapped in this state; or make unauthorized use of the same, or who shall wilfully and maliciously prevent, obstruct or delay by any means or contrivance whatsoever, the sending, conveyance or delivery in this state, of any authorized communication, sporting, commercial or other news reports, by or through any telegraph or telephone line, cable or wire, under the control of any telegraph or telephone company doing business in this state; or who shall wilfully and maliciously aid, agree with, employ or conspire with, any other person or persons to do any of the aforementioned unlawful acts, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period of not more than one year, or by both fine and imprisonment within the limits hereinbefore specified, at the discretion of the court. Approved March 4, 1893. TOWNSITES. CHAPTER 165. [H. B. 125.] RELATING TO ABANDONED TOWNSITES ON PUBLIC LANDS. AN ACT to Amend Sections 1180, 1181, 1182, 1183, 1184, 1185, 1186 and 1187 of the Compiled Laws of 1887, Regulating the Sale of Abandoned Town Lots in Townsites, Located on Public Lands. Be it Enacted by the Legislature of the State of South Dakota: $ 1. DUTY OF COUNTY JUDGE.] That Section 1180 of the Compiled Laws of Dakota, 1887, be and the same is hereby ainended as follows: When any lots or parcels of land, within the limits of any city or town, shall remain unclaimed, after the expiration of the time allowed by this act, for filing of claimant's statements, it shall be the duty of the corporate authority or the judge of the county court, to convey the lots or parcels of land, so remaining unclaimed, by good and sufficient deed. to the board of education or district school board of such city or town or of the school district in which such city or town is situated, to be taken and disposed of by such board of education or district school board, for school purposes, and for the exclusive use and benefit of the occupants of such townsite, under such limitations as are provided by this act. § 2. WHO MAY SELL.] That Section 1181 of the Compiled Laws of Dakota, 1887, be and the same is hereby amend ed as follows: If there is no such board of education or district school board, then the corporate authorities or judge of the county court shall sell and dispose of the said unclaimed lots or parcels of land so remaining, for school purposes, and for the exclusive use and benefit of the occupants of such townsite under the directions, limitations and provisions contained in this act. § 3. AMENDMENT.] That Sections 1182, 1183, 1184 and 1185 of the Compiled Laws of Dakota, 1887, be and the same are hereby amended, by inserting in each of sa d sections, after the words "board of education" whenever the same occur, the words "district school board." § 4. PROCEEDS OF SALE TO BE APPLIED FOR SCHOOL PURPOSES.] That Section 1186 of the Compiled Laws of Dakota, 1887, be, and the same is hereby amended as follows: The proceeds derived from the sale of such lots or parcels of unclaimed land, after first paying the expense of advertising, printing and a per diem of not more than three (3) dollars per day to each member of the board of appraisers, for the days actually and necessarily employed by them, in making such appraisements and report as aforesaid, and other expenses actually and necessarily incurred, in the proper conduct and management of such sale shall be immediately turned over, at the close of said sale, by the board of education or district school board to the treasurer of such board of education or district school board, to be, by said treasurer, placed to the credit of the school house fund of said city or town, to be used, exclusively, for the purchase of ground for school buildings, for the erection, enlarging, repairing and furnishing of school buildings, and the payment of outstanding bonds, warrants, or other indebtedness, contracted or created in the erection or construction of school houses and procuring grounds. And if there be no such board of education or district school board, then the net proceeds of such sale of unclaimed lots or parcels of land, shall be held by the corporate authorities or the judge of the county court, in trust, as a school house fund for the exclusive use and benefit of the occupants of such townsite, to be paid over to the treasurer of such board of education or district school board, whenever such board of education or district school board shall have been duly elected and qualified. § 5. DISPOSAL OF SURPLUS FUNDS.] That Section 1187 of the Compiled Laws of Dakota, 1887, be, and the same is hereby amended as follows: In case there should be found any surplus on hand over and above receipts for fees and awards for expenses arising from the conveyance of lots, as provided in Section 1178, then such surplus shall, as soon as ascertained by the corporate authorities or judge of the county court, be accounted for and turned over to the treasurer of the board of education or district school board, to be, by such treasurer, placed to the credit of the school house fund to be disbursed and applied as provided in Section 1186, as amended, providing for the disbursement of the proceeds derived from the sale of unclaimed lots or parcels of land. Approved February 25, 1893. TRANSFER OF FUNDS. CHAPTER 166. [S. B. 287.] PROVIDING FOR THE TRANSFER OF CERTAIN FUNDS. AN ACT Transferring the Fund for the Maintenace of the Hospital for the Insane, Received from Counties, to the General Fund of the State of South Dakota. Be it Enacted by the Legislature of the State of South Dakota: 1. STATE TREASURER AUTHORIZED TO TRANSFER.] The state treasurer is hereby directed to transfer from the fund for the maintenance of the hospital for the insane, received from counties under the provisions of Chapter 79 of the Session Laws of 1891, to the general fund of the state, the full amount of said maintenance fund in the state treasury at the time of the taking effect of this act. § 2. REPEAL.] All acts and 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 March 4, 1893. CHAPTER 167. [S. B. 325.] PROVIDING FOR THE TRANSFER OF CERTAIN FUNDS. AN ACT Directing the Transfer of the Grain and Warehouse Fund to the General Fund of the State. Be it Enacted by the Legislature of the State of South Dakota: § 1. TRANSFER AUTHORIZED.] $1. The state treasurer is hereby directed to transfer the full amount of the grain and warehouse fund in the state treasury at the time of the taking effect of this act to the account of the general fund of the state. § 2. TO CREDIT GENERAL FUND.] The auditor of state and state treasurer shall on the first day of July and of January in each year, place to the credit of the general fund of the state all moneys received from the board of railroad and warehouse commissioners. § 3. REPEAL.] All acts and parts of acts in conflict with the provisions of this act are hereby repealed. 4. EMERGENCY.] There being no adequate provisions of law concerning the disposal of such funds, 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 March 2, 1893. CHAPTER 168. PROVIDING FOR THE TRANSFER OF BOND BALANCES TO THE GENERAL FUND. AN ACT Transferring Certain Bond Balances to the General Fund of the State of South Dakota. Be it Enacted by the Legislature of the State of South Dakota: § 1. STATE TREASURER AUTHORIZED TO TRANSFER CERTAIN BALANCES.] The state treasurer is hereby directed immediately upon the passage and taking effect of this act, to transfer the bond balances in the state treasury to the general fund of the State of South Dakota in the following sums towit: Agricultural college, bond proceeds, twenty-two dollars and sixty-two cents ($22.62). Deaf mute school, bond proceeds, sixty nine dollars and sixty cents ($69.60). |