CHAPTER 183.

(H. B. 69)

RELATING TO JURORS.

AN ACT Entitled, An Act to Amend Sub-Section 9 of Section 2502 of the South Dakota Revised Code of 1919, Relating to Jurors.

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

Section 1. That Sub-section 9 of Section 2502 of the South Dakota Revised Code of 1919 be Amended to read as follows:

9. That he has served as a Juror on the trial of a cause in any Court of record in the county within two years previous to the opening day of the term of Court during which he is offered as a Juror, or that he is a party to a suit pending for trial in that Court at that term.

Approved February 10, 1921.

CHAPTER 184.

(S. B. 10)

RELATING TO FEES OF JURORS.

AN ACT Entitled, An Act to Amend Section 5305 of the South Dakota Revised Code of 1919, Relating to Jurors Fees in the Circuit and County Courts.

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

Section 1. That Section 5305 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 5305. Fees in Circuit and County Courts.] Each grand, petit or special juror, for each day's attendance upon the circuit or county court, shall receive four dollars, and ten cents for each mile actually and necessarily traveled, to be paid by the county. Such juror's fees shall be paid by the County Treasurer upon the presentation of warrants, which warrants shall be issued by the County Auditor forthwith, upon the filing of each juror's certificate of attendance, which certificates shall bear the endorsement or certificate of the Clerk of the Court in which such fees accrued, to the effect that such certificate is accurate as to the time expended and the amount of fees claimed.

Approved February 8, 1921.

CHAPTER 185.

(H. B. 276)

RELATING TO MOTION FOR NEW TRIAL.

AN ACT Entitled, An Act to Amend Section 2559 of the South Dakota Revised Code of 1919, and to Limit Extensions of Time for Presenting Motions for New Trial, of Time for Filing Orders Granting or Denying New Trials.

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

Section 1. That Section 2559 of the South Dakota Revised Code of 1919 is hereby amended to read as follows:

Section 2559. The Court or Judge, upon good cause shown, may extend time within which any of the acts required by this and the preceeding article may be done; or may, after the time limited therefor has expired, fix another time within which any of such acts may be done provided, however, that the time for presenting a motion for new trial shall not be extended beyond the time limited by statute for appealing from final judgement in the action; and the judge shall make and file the order granting or denying such new trial within sixty days after presentation of such motion. In cases in which motion for new trial have heretofore been presented decision on such motion may be made and filed within sixty days after date upon which this Act takes effect.

Approved March 4, 1921.

CHAPTER 186.

(H. B. 190)

RELATING TO PHOTOGRAPHS AND MEASUREMENTS OF SUSPECTS AND

CONVICTS.

AN ACT Entitled, An Act Authorizing the Taking and Preservation of Photographs, Measurements, Descriptions and Other Information of or Concerning Persons Accused or Convicted of Crime.

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

Section 1. That the warden or superintendent of any penal or reformatory institution in this state, the head of the State Constabulary or his authorized deputies or agents, the Sheriff of any county in this state, or the Chief of Police of any municipality in the state is hereby authorized and empowered, when in his judgement such proceeding shall be necessary for the purpose of identifying any person accused or convicted of crime, or for the purpose of preventing the escape or of facilitating the recapture of any such person, to cause to be taken or made and preserved such photographs, impressions, measurements, descriptions and records as may in the judgment of any of said officials be deemed necessary.

Section 2. All photographs, impressions, measurements, descriptions or records taken or made as hereinbefore provided for shall be filed and preserved in the department or institution where made or

taken and shall not be published, transferred or circulated outside such department or institutions, nor exhibited to the public or any person or persons except duly authorized peace officers unless the subject of such photograph, measurement, description or other record shall have become a fugitive from justice, or shall have escaped from a penal or reformatory institution.

Approved February 25, 1921.

CHAPTER 187.

(S. B. 172)

RELATING TO PROCEDURE IN CASE OF SMALL CLAIMS.

AN ACT Entitled, An Act to Establish a New Procedure for the Hearing and Determination of Small Claims.

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

Section 1. The supreme court shall on or before the first day of September, 1921, make uniform rules of practice applicable to justice courts, police courts, county courts and municipal courts in this state, providing for a simple, informal and inexpensive procedure, hereinafter called the procedure, for the determination according to the rules of substantive law, of claims in the nature of contract or tort other than slander and libel, in which the plaintiff does not claim as debt or damages more than fifty dollars; and for review of judgments upon such claims when justice so requires. The procedure shall not be exclusive but shall be alternative to the formal procedure for actions begun by summons. The procedure shall include the beginning of actions with an entry fee of one dollar but without summons, and without requirement; except by special order of the justice or court, of other pleading than a statement to the Clerk of Court or Courts, or Justice, who shall reduce the same to concise written form in a docket kept for the purpose. The procedure shall include notice by registered mail instead of the mode of legal service heretofore required and shall further include provisions for early hearing. of actions thus begun. The procedure may include the modification of any or all of existing rules of pleading and practice and a stay of the entry of judgment or of the issue of execution. The rules for the procedure may provide for the elimination of any or all fees and costs now fixed by law, except justice of the court fees, and may also provide that the imposition of costs in actions under the procedure shall be in the discretion of the court or justice. In actions begun under the procedure, the court or justice may, on application for cause shown, issue garnishments, writs of attachment of property or person as in actions begun by summons.

Section 2. A plaintiff beginning an action under the procedure shall be deemed to have waived a trial by jury and his right of appeal to the circuit court unless said action shall be removed to the circuit, county or municipal court as hereinafter provided, in which case the plaintiff shall have the same right to claim a trial by jury as if the action had been begun in the circuit, county or municipal court. No other party to an action under the procedure shall be entitled to an appeal as aforesaid. In lieu thereof, such party may,

prior to the date upon which he shall be notified to appear, file in the court or with the justice in which the action is pending, a claim of trial by jury and his affidavit that there are questions of fact in the action requiring trial, with specifications of the same, and that such trial is intended in good faith, together with the sum of three dollars for the entry of the action for trial by jury in the circuit, county, municipal or justice court as the case may be. The clerk of courts or justice shall forthwith transmit such original papers or attested copies thereof as the rules made under Section 1 of this act may provide, and the circuit, municipal or justice court may try the action as transmitted or may require pleading as in an action by summons, but the action may be marked for trial on the list of causes advanced for speedy trial by jury, provided that the procedure may provide for a jury trial in the court wherein the action is commenced upon demand by the defendant and the payment of the fee herein required.

Section 3. In any action brought by or against two or more persons in which separate judgments are authorized by law, the party seeking removal may specify in his claim of jury trial the parties as to whom such trial is claimed, in which case the cause shall be removed as to such parties only as are specified in his claim and the court or justice before whom the case is brought shall retain jurisIdiction as to the remainder. In such case the Clerk of Court or Courts or justice shall transmit attested copies of the papers in the action to the clerk of the circuit, county or municipal court in lieu of the originals as may be provided under the procedure prescribed by the supreme court.

Section 4. The court or justice may in its discretion transfer an action begun under this act to the regular civil docket for formal hearing before a jury and determination as though it had been begun by summons and may impose terms upon such transfer.

Section 5. In any action begun by summons which might have been begun under the informal procedure herein provided for, the rules may provide or the court or justice may by special order direct, that the costs to be recovered by the plaintiff, if he prevails, shall be eliminated in whole or in part.

1922.

Section 6. This act shall take effect on the 1st day of January,

Approved March 12, 1921.

Custer State Park

CHAPTER 188.

(S. B. 153)

RELATING TO CUSTER STATE PARK.

AN ACT Entitled, An Act to Include Within the Boundaries of the Custer State Park, Land Designated or to be Designated by the President of the United States as the Custer State Park Game Sanctuary, Under and by Virtue of an Act of Congress, Being H. R. 11,398 of the House of Representatives, and Placing the Custer Park Game Sanctuary Under the Management and Control of the Custer State Park Board, Giving to the Said Board With Respect Thereto the Same Powers and Duties That Have Heretofore Been or May be Conferred on it, and Providing for the Protection of Game Animals and Birds Within the Boundaries of the Custer State Park as Enlarged by This Act.

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

Section 1. The Custer State Park is hereby enlarged to include within its boundaries the lands commonly known as the Harney Peak District, and designated or to be designated by the President of the United States, as the Custer State Park Game Sanctuary, pursuant to an act of Congress, being H. R. 11, 398 House of Representatives, which lands so designated or to be designated are described as follows: The South one-half of sections 7, 8, 9, 10, 11 and 12, and all of sections 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 in township two (2) south of range five (5) east of the Black Hills Meridian; and sections 23, 24, 25, 26, and 36, and the north one-half of section 35 in township two (2) south of range four (4) east of the Black Hills Meridian; and that piece or parcel of land in sections 22 and 27, township two (2) south of range four (4) east of the Black Hills Meridian described as follows: beginning at the northeast corner of section 22, thence west about one-quarter of a mile to the Chicago, Burlington & Quincy Railroad tracks, thence southwesterly to the southwest corner of section 27, thence east to the southeast corner of section 27, thence north to the place of beginning; and the north one-half of section 1 of township three (3) south of range four (4) east of the Black Hills Meridian; and sections 3, 4, 5, and 6, of townships three (3) south of range five (5) east of the Black Hills Meridian; and the south half of sections 19 and 20, and the and the southwest quarter of section 21, and sections 29, 30, 31, and 32, and the west half of sections 28 and 33 in township two (2) south of range six (6) east of the Black Hills Meridian.

Section 2. The Custer State Park as enlarged by this Act is hereby placed under the control and management of the Custer State Park Board and the same powers and duties in respect thereto are hereby conferred upon said board as are now or may hereafter be conferred by legislative enactment.

Section 3. That all laws now in force or that may hereafter be enacted, relative to the Custer State Park, shall hereafter apply to the Custer State Park as hereby enlarged; and the term "Custer State Park" shall be deemed to include the Custer State Park Game Sanctuary.

Section 4. To encourage the erection of summer cottages, the Park