Section 5066 of the Compiled Laws of 1887 of the State of South Dakota be amended to read as follows: "Upon the trial of a question of fact by the court, its decision must be given in writing and filed with the clerk within thirty days after the cause is submitted for decision, and upon a trial of a question of law the decision must be given by the court at the time the question is submitted for decision or within fifteen days thereafter, and no judgment shall be rendered or entered until after the filing of such decision."

§ 2. REPEAL.] All acts and parts of acts in conflict with this act are hereby repealed.

Approved February 11, 1893.

CHAPTER 73.
[H. B. 116.]

RELATING TO CRIMINAL PROCEEDINGS IN JUSTICE COURT. AN ACT to Discourage the Institution of Criminal Proceedings of a Trivial Character, and to Require Security for Costs in such Cases.

Be it Enacted by the Legislature of the State of South Dakota: § 1. MAY REQUIRE SECURITY FOR COSTS.] Whenever information or complaint shall be laid before a justice of the peace or a committing magistrate and a warrant of arrest asked for under Section 6148 or 7120 of the Compiled Laws, such officer shall, whenever in his judgment the public good requires it, before issuing a warrant of arrest, require of the complainant se curity for the costs which may be incurred in such proceeding in case it should be adjudged upon the hearing or examination that such prosecution was malicious or without probable cause. Such security shall consist of one or more sureties who are residents of the state, to be approved by such justice or magistrate and the obligation of such sureties shall be complete by simply endorsing the information or complaint as security for costs. Provided, That nothing herein shall be construed to prevent justices of the peace or committing magistrates from issuing warrants of arrest without requiring security for costs in cases where the public good or the proper enforcement of the laws may require it.

$ 2. REPEAL.] All acts and parts of acts in conflict herewith are hereby repealed.

Approved February 17, 1893.

DEFINITIONS.

CHAPTER 74.

[Sub. S. B. 6.]

RELATING TO DEFINITIONS.

AN ACT to Repeal Sections 4733, 4734, 4735 and 4736 of the Compiled Laws. Be it Enacted by the Legislature of the State of South Dakota:

§ 1. REPEAL.] That Sections 4733, 4734, 4735 and 4736 of the Compiled Laws be and the same are hereby repealed. Approved March 4, 1893. .

DIVORCE.

CHAPTER 75.

[Sub. H. B. 90.]

RELATING TO DIVORCE.

AN ACT to Amend Section 2578 of the Compiled Laws of 1887, Relating to the Time of Residence Required Before Commencing Actions for Di

vorce.

Be it Enacted by the Legislature of the State of South Dakota: § 1. TIME OF RESIDENCE SERVICE OF SUMMONS.] That Section 2578 of the Compiled Laws of 1887 be amended to read as follows: A divorce must not be granted unless the plaintiff in good faith has been a bona fide resident of the State of South Dakota for at least six months next preceding the commencement of the action; and in no case shall a divorce be granted without personal service of the summons within this state, or personal service of the summons and order of publication in case of a non-resident defendant until the plaintiff shall have been a bona fide resident of this state for one year next preceding the granting of such divorce.

§ 2. REPEAL.] All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

Approved March 1, 1893.

G

98

DOWER AND COURTESY-DUPLICATE WARRANTS.

DOWER AND COURTESY.

CHAPTER 76.
[S. B. 226.]

ABOLISHING DOWER AND COURTESY.

AN ACT Entitled An Act to Abolish Dower and Courtesy.

Be it Enacted by the Legislature of the State of South Dakota: § 1. ABOLISHMENT.] Dower and courtesy are hereby abolished.

§ 2. REPEAL.] All acts or parts of acts in conflict here. with are hereby repealed.

Approved March 4, 1893.

DUPLICATE WARRANTS.

CHAPTER 77.

[S. B. 248.]

DUPLICATE STATE WARRANTS.

AN ACT to Authorize the State Auditor to Issue Duplicate State Warrants in Certain Cases.

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

That

§ 1. WHEN DUPLICATE WARRANTS MAY ISSUE.] whenever the state auditor, under and by virtue of the provis ions of the laws of this state, issues any state warrant upon the state treasurer, in favor of any state or county officer, or other person, company or corporation, for the payment of any moneys out of the state treasury, and the said warrant shall become lost or destroyed, it shall be the duty of the said state auditor to issue a duplicate warrant in favor of the state or county officer, or other person, company or corporation, to whom the original warrant was issued, or to any person, company or corporation legally holding under them, in the manner, and subject to the provisions hereinafter contained in this act.

§ 2. OWNER OF LOST WARRANT TO MAKE AFFIDAVIT. ] Whenever any warrant drawn by the state auditor for the payment of any money out of the state treasury, as in the first section of this act enumerated, and the same shall become lost or destroyed, any person, company or corporation who was the legal holder or owner of said warrant at the time it so became lost or destroyed, shall make an affidavit, particularly describing the said warrant as to date, amount, number, and fund out of which it was to be satisfied, and also shall state in said affidavit such other facts concerning the loss or destruction of the original warrant as he may have in his possession or knowledge, and shall request in such affidavit that a duplicate warrant may be issued in his favor, and shall file the same with the state auditor within one year after the loss of any warrant as aforesaid. § 3. BOND TO BE GIVEN─NOTICE PUBLISHED. ] If it appears that the person, company or corporation filing such affidavit, is entitled to receive such duplicate warrant as aforesaid, the state auditor may issue such duplicate warrant as aforesaid in favor of the person, company or corporation who are entitled to receive the same upon receiving from the person, company or corporation applying for such duplicate warrant a bond, with good and sufficient sureties, which shall be made payable to the State of South Dakota, and shall be drawn in double the amount of the original warrant, and shall be approved by and filed with the state auditor before such duplicate warrant shall issue, conditioned for the benefit of any person, company or corporation damaged by the issuance of such duplicate warrant, and if the state auditor has grave doubts from any cause that the statements contained in the affidavit are untrue, he may in cases where the amount of the warrant is two hundred dollars or over, publish in some newspaper having general circulation the circumstances of the case as contained in the af fidavit, and shall give notice of some day certain, when he will issue such duplicate warrant which shall be not less than thirty days after the first publication of the notice. Provided, That the expense of publishing such notice shall be paid by the party or parties asking the issuance of such duplicate warrant.

§ 4. ORIGINAL WARRANT TO BE CANCELLED.] Whenever a duplicate warrant shall be issued under the provisions of this act, the original warrant shall thereupon be cancelled, and the State of South Dakota relieved from any claim or liability for the payment of such original warrant.

§ 5. DISCRETION OF AUDITOR--STATE NOT LIABLE.] The state auditor shall use his discretion in carrying out the provisions of this act as appears to him to be right, and in accordance with justice and honesty. Provided, That in no case shall the state be liable for any damages accruing under the provisions of this act.

§ 6.

WHEN RE-DUPLICATE MAY ISSUE.] Warrants may be re duplicated under the provisions of this act in cases where the duplicate becomes lost or destroyed.

§ 7. PUNISHMENT IN CASE OF FRAUD.] Any person who shall secure a duplicate warrant under the provisions of this act, who is not legally entitled to the same, shall be liable to indictment in any of the courts of this state having jurisdiction for the crime of embezzlement or perjury, as the case may be. Approved March 6, 1893.

EDUCATION.

CHAPTER 78.

[H. B. 256.] EDUCATION.

AN ACT to Amend Chapters 1, 2, 3, 4, 5, 6, 7, 8, and 10 of Chapter 56, Session Laws of 1891, Entitled: An Act to Establish a Uniform System of Education for the State of South Dakota, and to Repeal Certain Legislation Relating Thereto.

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

CHAPTER I.

STATE SUPERVISION.

§ 1. SUPERINTENDENT DUTIES OF.] The superintendent of public instruction shall be charged with the general supervision of all the county schools and of all the county superintendents of the state. He shall meet county superintendents in convention at least once each year, at such points in the state as he may deem most suitable for that purpose, and by explanation and discussion endeavor to secure a more uniform and efficient administration of the school laws. He shall attend teachers' institutes in the several counties in the state as far as may be consistent with other duties imposed by law, and assist, by lecture or otherwise, in their instruction and management. The state superintendent shall prescribe rules and regulations for holding county normal institutes. He shall render a written opinion to any county superintendent asking it, touching the exposition or administration of the school law, and shall determine all cases appealed from the county superintendent.