eral duties imposed upon them; he may employ from time to time such clerks or stenographers as he may deem necessary to a proper and orderly discharge of the duties of his office, and all of such appointments shall be subject to revocation at any time by the Superintendent of Banks.

The Deputy Superintendent of Banks shall devote all of his time to the duties of his office and shall be a person who has had at least three years of experience in the general banking business or has served for a like period in the banking department of this or some other state. The Deputy Superintendent shall be first in authority in the department under the Superintendent of Banks and during the absence or inability of the Superintendent or during a vacancy in the office of the Superintendent, he shall possess all the powers and perform the duties attached to the office of Superintendent, during such vacancy.

num.

The salary of the Superintendent of Banks shall be forty-five hundred dollars per annum; the salary of the Deputy Superintendent of Banks shall be not to exceed three thousand ($3,000.00) dollars per anNo Superintendent of Banks or Deputy Superintendent of Banks or any Examiner, Special Examiner or Examiner in Charge shall be a stockholder or in any manner interested in any bank, trust company or building and loan association within the state. The salaries of the Superintendent, Deputy and Examiners shall be paid from the general fund of the state; the salaries of Special Examiners, clerks and stenographers shall be paid from the contingent fund of the Superintendent of Banks and the maintenance expense of the office and all actual and necessary expenses of the Superintendent, Deputy, Examiners, Special Examiners, clerks and stenographers, incurred in the discharge of their duties, shall be paid from the contingent fund of the Superintendent of Banks.

Before entering upon the discharge of their duties, the Superintendent, the Deputy, the Examiners, the Special Examiners and the Examiners in Charge shall take and subscribe the oath of office prescribed by the Constitution and each shall give to the State a bond to be approved, recorded and filed as the official bonds of other State officers, conditions for the faithful discharge of the duties of their respective offices in the following sums: The Superintendent, twenty-five thousand dollars; the Deputy Superintendent, twenty-five thousand dollars; the Examiners and Special Examiners each ten thousand dollars; the premium thereon to be paid as provided in Chapter 318 of the Session Laws of 1919.

Section 2. Whereas, this Act is necessary for the support of the State Government and its existing institutions, an emergency is hereby declared to exist and this Act shall be in force and effect from and after its passage and approval.

Approved March 1, 1921.

CHAPTER 136.

(H. B. 336)

RELATING TO POWERS OF SUPERINTENDENT OF BANKS AND OF THE GUARANTY FUND COMMISSION.

AN ACT Entitled, An Act Relating to Banks and Banking and Granting Additional Powers and Duties to the Superintendent of Banks and the Guaranty Fund Commission, and Declaring an Emergency.

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

Section 1. Whenever it shall appear to the Guaranty Fund Commission that the business of any bank is being conducted in an unsafe or unauthorized manner, or that it is unsafe or inexpedient to continue business, or that its reserve is below the legal requirements, the Superintendent of Banks may, with the advice and consent of the Guaranty Fund Commission, by himself or his Deputy or or any Examiner designated by him for that purpose, take charge and control of the property and business of such bank, and manage it as a going concern. He, or such Deputy or Examiner, may perform all the duties and powers of the officers and directors of such bank while so managing the same, and all salaries and expenses of the Department of Banking and Finance in connection therewith shall be paid by the bank.

Section 2. The Guaranty Fund Commission may at any time draw against the Guaranty Fund on deposit in the several banks of the State, and the Treasurer of the Commission shall immediately transmit the amount of such draft to the Superintendent of Banks to be used by him as a deposit in any bank managed by him under Section 1 of this Act, and for no other purposes. Provided, however, that the Guaranty Fund Commission may direct that the amount so withdrawn be deposited in some bank or banks within or without this State, until such time as it may be necessary for the Superintendent of Banks to use such fund or any part thereof for the purpose of making deposits in the banks being managed by him. The total amount of money so withdrawn from the Guarantee Fund for the purposes of this Act, shall never at any one time exceed fifteen (15) per cent of the total amount in such fund. Any deposit of funds from the State Guaranty Fund in banks being managed by the Superintendent of Banks shall be a first lien on all the unpledged property and assets of the bank, and in case of suspension and liquidation, shall be paid out of such property and assets before any other claims against the bank are paid. The Superintendent of Banks may take charge of such bank at any time for the purpose of liquidation under the circumstances now authorized by law or may return the management of its affairs to its proper officers whenever such deposit has been fully repaid to the Guaranty Fund, and the reasons for assuming control and management by the Superintendent of Banks under Section 1 of this Act no longer exist. The money so deposited, with interest, shall be paid back to the Guaranty Fund in whole or in part by the bank whenever the Superintendent deems it advisable, and such deposit shall bear interest at a rate to be fixed by the Guaranty Fund Commission. The Treasurer of the Commission shall issue a receipt to each bank from which funds are withdrawn from the Guaranty Fund under this Act, showing the amount withdrawn. A report shall be made to all mem

ber banks annually on January 1st, by the Commission, showing the condition of the Fund so withdrawn.

Section 3. Whereas, this Act is necessary for the immediate preservation of the public safety and for the support of the State Government and its existing institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

Approved March 2, 1921.

Bastardy

CHAPTER 137.

(S. B. 212)

RELATING TO BASTARDY PROCCEDINGS.

AN ACT Entitled, An Act to Amend Sections 2981 and 2985 of the South Dakota Revised Code of 1919, Relating to Bastardy Proceedings, and Declaring an Emergency.

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

Section 1. That Section 2981 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 2981. Complaint.] When an unmarried woman who shall be pregnant or delivered of a child, which by law would be deemed a bastard, shall make a complaint to any committing magistrate of the county where she may be so pregnant or delivered, or the person accused may be found, and shall accuse, under oath or affirmation, a person with being the father of such child, it shall be the duty of such magistrate to issue a warrant against the person so accused and cause him to be brought forthwith before him, or in his absence any other magistrate in such county. The word "justice" as used in Section 2982 of this chapter shall be construed to refer to any committing magistrate before whom such proceeding is brought.

Section 2. That Section 2985 of the South Dakota Revised Code of 1919, be and the same is hereby amended to read as follows:

Section 2985. Judgement, Penalty.] In case the issue be found against the defendant, he shall be adjudged by the court to pay a sum of money not exceeding Five Hundred Dollars for the first year after the birth of such child, and not exceeding three hundred dollars yearly for ten years succeeding said first year, for the support, maintenance and education of such child, and shall be adjudged to pay the costs of prosecution; and he shall be required by said court to give an undertaking with sufficient sureties, to be approved by the judge of said court, for the payment of such sums of money, which undertaking shall be made payable to the State of South Dakota, and conditioned for the due and faithful payment of said yearly sum in quarterly installments to the Clerk of the court.

Section 3. Whereas, this Act is necessary for the immediate support of the State Government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

Approved March 12, 1921.

Board of Regents

CHAPTER 138,

(H. B. 340)

RELATING TO OFFICERS, INSTRUCTORS AND EMPLOYEES OF EDUCATIONAL

INSTITUTIONS.

AN ACT Entitled, An Act to Amend Section 5574 of the South Dakota Revised Code of 1919, Empowering the Board of Regents to Provide for Sabbatical Leave on Part Pay.

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

Section 1. That Section 5574 of the South Dakota Revised Code of 1919, be and the same is hereby amended to read as follows:

Section 5574. The Board of Regents is authorized to employ and dismiss all officers, instructors and employees of such institutions, necessary to the proper management thereof, to determine their number, qualifications and duties, fix the term of their employment, and rate and manner of their compensation, and provide for sabbatical leave on part pay; provided, that no person shall be employed or dismissed by reason of any sectarian or political opinions held. Approved March 4, 1921.

Carriers

CHAPTER 139.

(H. B. 224)

DEFINING COMMON CARRIERS.

AN ACT Entitled, An Act to Amend Section 1157 of the Revised Code of the State of South Dakota of 1919, Relating to Common Carriers.

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

Section 1. That Section 1157 of the Revised Code of 1919 of the State of South Dakota be amended to read as follows:

Section 1157. Defined.] Every person or corporation who offers to the public to carry persons, properties or messages, and every pipe line for the transportation of oil or gas in this State is a Common Carrier of whatever he thus offers to carry, and for the purpose of acquiring necessary right of way, every such person or corporation is hereby granted the right of condemnation by eminent domain as provided in Chapter 8, Part 9, Title 2 of this Code.

Approved March 4, 1921.

Central Heating Associations

CHAPTER 140.

(S. B. 150)

RELATING TO CONTRACTS WITH SUCH ASSOCIATIONS.

AN ACT Entitled, An Act Relating to the Maintenance of Central Heating Corporations or Associations by Counties, Municipal Corporations, and Religious, Fraternal or Benevolent Societies, Associations or Corporations.

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

Section 1. The Board of County Commissioners, the governing body of any municipal corporation, the Board of Trustees or directors of any religious, fraternal or benevolent society, association or corporation shall have power and authority to enter into a contract with a central heating corporation or association for the purpose of securing heat, building and maintaining its mains in front of or alongside its property, and shall have the right to use the funds of said county, municipal corporation, or religious, fraternal or benevolent society, association or corporation for the purposes herein mentioned.

Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

Approved March 12, 1921.

Children

CHAPTER 141.

(H. B. 244)

RELATING TO DEPENDENT, NEGLECTED OR DELINQUENT CHILDREN.

AN ACT Entitled, An Act to Amend Sections 9995 and 9998 of the South Dakota Revised Code of 1919, Relating to Dependent, Neglected or Delinquent Child

ren.

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

Section 1. That Section 9995 of the South Dakota Revised Code of 1919, be, and hereby is, amended to read as follows:

Section 9995. Probation Officer.] The County Court shall have authority to appoint any number of discreet persons of good moral character, to serve without compensation as probation officers, during the pleasure of the Court. In cases affecting girls, such probation