CHAPTER 52. [H. B. 234.] SPECIAL TAX IN UNION COUNTY. AN ACT Granting the Voters of the First (1st) Commissioner District of the County of Union of the State of South Dakota, the Right to Levy a Five (5) Mill on the Dollar Tax for Special Purposes. Be it Enacted by the Legislature of the State of South Dakota: § 1. AUTHORITY GRANTED.] There is hereby granted to the voters of the first (1st) commissioner district of the county of Union of the State of South Dakota, the right to vote a special tax of five (5) mills on the dollar for the purpose of building one-half () of the bridge across the Big Sioux river, on the main road from said district to the city of Sioux City, Iowa, said road being known as the "old government road." Said special tax to be voted by the voters of said district at a special election to be held at such time as the commissioners of the county of Union, State of South Dakota, may designate. § 2. COMMISSIONERS TO SUBMIT QUESTION.] The commissioners of said county of Union shall submit the question in the usual form to the voters of said first (1st) commissioner district, and if a majority of all votes cast are in favor of such special tax the same shall be levied upon the property of said district, and if a majority of the votes cast are not in favor of such special tax, the same shall not be levied. $ 3. EMERGENCY.] An emergency is hereby declared to exist and this act shall be in force on and after its passage and approval. Approved March 1, 1893. CHAPTER 53. REFUNDING CERTAIN MONEYS IN CLAY COUNTY. AN ACT to Refund to the Board of Supervisors of Garfield Township, Clay County, State of South Dakota, Forty-five ($45) Dollars Erroneously Paid into the Permanent School Fund. WHEREAS, The board of supervisors of Garfield township, county of Clay, State of South Dakota, did attempt to locate a public highway across the northeast quarter of the northeast quarter of section thirty-six (36), township ninety four (94) north, range fifty-one (51) west of the fifth (5th) principal me· F ridian, in said county and state, and did attempt to condemn the land necessary for the location of said highway, fixing the damages caused to said tract of land at forty five ($45) dollars, which sum was paid into the state permanent school fund; and WHEREAS, There being no law for the refunding of such funds, and the authorities being powerless to refund the same without having such authority granted by the legislature; therefore Be it Enacted by the Legislature of the State of South Dakota: § 1. DUTY OF AUDITOR.] That the state auditor be and is hereby authorized to issue his warrant on the state treasurer in favor of the treasurer of Garfield township, Clay county, State of South Dakota, for the sum of forty-five ($45) dollars, said sum to be paid out of the general school fund. Approved February 16, 1893 COUNTY AUDITORS. CHAPTER 54. [H. B. 60.] REGULATING SALARY OF COUNTY AUDITORS. AN ACT to Regulate the Salary of County Auditors. Be it Enacted by the Legislature of the State of South Dakota: § 1. SALARY-HOW DETERMINED-HOW PAID.] The salary of the county auditors shall be regulated by the value of the property in their respective counties as fixed by the state board of equalization for the preceding year, as follows: They shall be entitled to receive five (5) mills on each dollar of the first one hundred thousand ($100,000) dollars; one mill on each dollar of all sums in excess of such last named sum and less than five hundred thousand ($500,000) dollars; one quarter (4) of one (1) mill on each dollar of all amounts in excess of said last named sum and less than one million five hundred thousand ($1,500,000) dollars and one-twenty-fifth (1-25) of one (1) mill on each dollar of all amounts in excess of said last named sum, Provided, That in counties having an assessed valuation of two hundred and fifty thousand ($250,000) dollars or less, the salary of the county auditor shall not exceed five hundred ($500) dollars; in all other counties having an assessed valuation of less than seven million ($7,000,000) dollars, the the salary shall not exceed twelve hundred ($1,200) dollars, and such salary shall not in any county exceed fifteen hundred ($1,500) dollars, which salary shall be paid quarterly by warrant on the county general fund. § 2. REPEAL.] All acts and parts of acts in conflict with the provisions of 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 11, 1893. COUNTY COMMISSIONERS. CHAPTER 55. [S. B. 58.] BONDS OF COUNTY COMMISSIONERS. AN ACT Relating to Bonds of County Commissioners. Be it Enacted by the Legislature of the State of South Dakota: § 1. BOND OF AMOUNT.] Each county commissioner shall execute and file an official bond as required of other county officers, in the penal sum of $1,000.00 to be approved by the clerk of the circuit court. Approved February 6, 1893. CHAPTER 56. RELATING TO DUTIES OF COUNTY COMMISSIONERS. AN ACT to Prescribe Certain Duties of County Commissioners. § 1. DUTIES IN RELATION TO CERTAIN BILLS.] That it shall be unlawful for any board of county commissioners of the 84 COUNTY COMMISSIONERS-COUNTY TREASURER. State of South Dakota to allow any bill for printing any county stationery on which the name of any person is printed. § 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 28, 1893. COUNTY TREASURER. CHAPTER 57. [H. B. 56.] REGISTRATION OF COUNTY WARRANTS BY COUNTY TREASURER. AN ACT to Amend Section 1673 of the Compiled Laws of 1887. Be it Enacted by the Legislature of the State of South Dakota: § 1. DUTY OF COUNTY TREASURER.] That Section 1673 of the Compiled Laws of 1887 be amended so as to read as fol lows: "Section 1673. It shall be the duty of every such treasurer upon presentation of any warrant by the holder thereof, or by any person presenting the same for registration, to enter such warrant in his warrant register for payment in the order of presentation, and upon every warrant so registered he shall endorse "registered for payment" with the date of registration and shall sign such endorsement. Provided, That nothing in this act shall be construed to require the holder of any warrant to register the same. § 2. REPEAL.] That all acts or parts of acts in conflict with this act are hereby repealed. Approved February 7, 1893. COURTS. CHAPTER 58. [S. B. 227.] PROVIDING FOR ENTERING JUDGMENTS IN THE SUPREME COURT. AN ACT to Provide for Entering Judgment of the Supreme Court in the Circuit and County Courts. Be it Enacted by the Legislature of the State of South Dakota: § 1. CLERK TO ENTER JUDGMENT.] Upon the decision of any appeal in a civil action by the supreme court of this state and filing of the remititur with the clerk of the court from which the appeal was taken, such clerk shall forthwith enter and docket judgment in favor of the successful party for the amount of any costs which he may recover in the supreme court, and such judgment shall have the same force and effect as a judg ment of the circuit court and execution may issue upon it with like effect. Approved March 4, 1893. CHAPTER 59. [H. B. 58.] RELATING TO APPEALS. AN ACT to Amend Section 5229 of the Compiled Laws of 1887, of the State of South Dakota. Be it Enacted by the Legislature of the State of South Dakota: § 1. AMENDMENT APPEALS SHALL HAVE PRIORITYWHEN.] That Section 5229 of the Compiled Laws of 1887 of the State of South Dakota be amended to read as follows: When the state or any state officer, or state board, in a purely official capacity or any municipal corporation or its officers in a purely official capacity, within the state, shall take an appeal, the case appealed shall be placed on the supreme court calendar immediately following the criminal cases, and shall have precedence over all other business before the court, except criminal business, and shall be heard and determined next in order. Service of the notice of appeal shall perfect the appeal |