per annum, payable annually or semi-annually and to mature in the proportions and at the times when such assessments shall have been collected, not, however, exceeding twenty (20) years from issue. Said bonds shall be signed by the chairman of the Board of County Commissioners and by the Auditor, and shall be issued for the benefit of the particular drainage district, numbered, recorded and indexed in the office of the County Auditor. The Board of County Commissioners shall have power to negotiate such bonds at not less than their par value as it may deem best, and the proceeds thereof and any premium received on such bonds shall be credited to the fund of the particular drainage district for the proposed improvement. Such bonds shall contain a recital that the same are issued pursuant to the authority of this article and that they are to be paid out of the funds to be obtained as hereinbefore provided in this chapter; and such bonds shall be a charge upon the lands in the particular district for the benefit of which such bonds are issued until the principal and interest thereof shall have been fully paid. Should the cost of the proposed drainage exceed the estimate a new apportionment of assessments may be made and other bonds issued and sold in like manner and should the proceeds of the assessments, when collected, be insufficient to pay the principal and interest of any bonds sold pursuant to this article a new apportionment of assessment may in like manner be made to meet such shortage in the proceeds of said assessment. When the assessments for the proposed drainage are finally fixed the same shall be certified to the County Treasurer by the County Auditor and the money paid in thereon shall be received by the County Treasurer to be paid to the holders of such bonds as the principal and interest thereof shall become due. Separate funds shall be kept by the Treasurer for each drainage district and no funds for one drainage district shall be applied to any other drainage district. No county shall be liable for the payment of any bonds issued under this article, but such bonds shall be paid out of the funds derived from the assessments provided for in this chapter.

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

Approved March 1, 1921.

CHAPTER 197.

(S. B. 219)

RELATING TO PETITION FOR DRAINAGE.

AN ACT Entitled, An Act to Amend Section 8459 of the South Dakota Revised Code of 1919, Relating to Drainage.

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

Section 1. That Section 8459 of the Sounth Dakota Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 8459. Petition-Bond.] Such Board shall act only upon a written petition signed by one or more owners of land likely to be affected by the proposed drainage, or by a highway official having

charge of a road likely to be affected when approval of such petition is given by the county or township Board for which such highway official acts. Such petition shall set forth the necessity for the drainage, a description of the proposed route by its initial and terminal points and its general course, or by its exact course in whole or in part, and a general statement of the territory likely to be affected thereby. The petition shall be accompanied by a bond with sufficient sureties to be approved by the County Auditor, conditioned to pay all expenses incurred in case the Board does not grant the petition or the same is denied on appeal; provided that a highway official shall not be required to furnish a bond, but the county or township for which he acts shall pay the expenses incurred in case the drainage is not established. Such petition may be presented at any regular or special meeting of the Board, and, if sufficient in form, shall be ordered filed with the County Auditor. All claims for cempensation or expenses of publishing legal notices, inspecting the proposed route, the payment of engineers and attorney's fees and other expenses incurred prior to the establishment of the drainage shall be paid from the general fund of the county, and for all such payments the County Treasurer shall reimburse the general fund from the assessments herein provided for, if the drainage shall be established and assessments made therefor; if the petition for the establishment of such drainage shall be denied, then the petitioners shall reimburse the county for the expenses of the prelimiuary investigation and shall be liable therefor in an action upon the bond provided for in this Section.

Section 2. 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.

CHAPTER 198.

(H. B. 314)

RELATING TO JAMES AND BIG SIOUX VALLEY DRAINAGE COMMISSION.

AN ACT Entitled, An Act Creating the James and Big Sioux Valley Drainage Commission; Defining its Powers and Duties; Appropriating Money to Carry the Purposes of the Act Into Effect, and Declaring an Emergency.

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

Section 1. That there is hereby created a Commission to be known as the James and Big Sioux Valley Drainage Commission, to consist of the Governor, the Attorney General, the State Highway Engineer, the State Engineer and the State Game Warden, each of whom will serve without additional compensation, but whose actual, necessary expenses as such Commissioners shall be paid from the funds hereinafter provided. Said Commission may employ all necessary clerical, technical or professional assistance. The Governor shall be the Chairman, and the State Engineer shall be the Secretary of said Commission. Said Commission shall keep a complete account and record of its transactions.

Section 2. The said Commission is hereby empowered to employ competent and experienced engineers and surveyors, and to evail itself of such other technical or professional assistance as may be requisite, for the purpose of making a survey of the basins of the James and Big Sioux Rivers and their tributaries, for the purpose of ascertaining what, if any, works are necessary and feasible in order to provide a more adequate system of drainage for lands lying within the basins of said rivers, and of determining the character and effect of such works and the probable cost thereof; also for the purpose of devising a system of drainage in said territory, if such system would, in the judgment of said Commission, be practicable.

Section 3. The said Commission is instructed to make a report of all its doings and of its findings and conclusions to the Governor, to be by him submitted to the next regular session of the Legislature.

Section 4. There is hereby appropriated out of any money in the State Treasury, not otherwise appropriated, the sum of twenty thousand dollars ($20,000.00), or so much thereof as may be necessary, to be paid upon the warrants of the State Auditor issued upon vouchers of said Drainage Commission, executed by its Chairman and Secretary, for any expenses necessarily incurred by said Commission in carrying out the purposes of this Act.

Section 5. 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 11, 1921.

Education

CHAPTER 199.

(H .B. 64)

RELATING TO COMPULSORY EDUCATION.

AN ACT Entitled, An Act to Amend Sections 7642, 7643 and 7644 of the Revised Code of 1919, Relating to Compulsory Education.

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

Section 1. That Sections 7642, 7643 and 7644 of the Revised Code of 1919 be amended to read as follows:

Section 7642. General Requirements.] 1. Every person having under his control a child of the age of eight years and not exceeding the age of seventeen years, shall annually cause such child to regularly attend some public or private day school for the entire term during which the public school in the district in which such person resides, or the school to which such child is assigned to attend, is in session, until such child shall have completed the first eight grades of the regular common school course, or shall have completed a course in a private day school equivalent to the first eight grades of the regular common school course, or shall have reached the age of seventeen years, unless excused as hereinafter provided.

2. Truancy Officers.] The County Superintendent shall be exofficio County Truancy Officer and shall be charged with the enforcement of the compulsory school laws in all school districts of the county which do not employ a special truancy officer, and shall have general supervision over all other truancy officers. Each truancy officer, including the County Superintendent, shall carefully check the attendance and non-attendance of all persons required by law to attend school in the district or districts within his jurisdiction, and shall keep an accurate record of those persons not in attendance or whose attendance is irregular. The Board of Education of each independent school district shall each year appoint and provide for the remuneration of a truancy officer, whose duty it shall be, under the direction of such Board of Education and its Superintendent, to enforce the compulsory attendance laws within such district. Provided, that in any independent school district which shall fail to provide such truancy officer, the President of the Board of Education shall act as truancy officer and shall be held responsible for the enforcement of the compulsory attendance laws within such independent district. All truancy officers provided for in this article shall have the powers of a deputy sheriff in the exercise of their duties, and shall apprehend without warrant children of compulsory attendance age who habitually haunt public places and have no lawful occupation, and truant children who absent themselves from school without leave, and place them in charge of the teacher having charge of the school in which such children are by law entitled to attend. Provided, that in the administration of their duties all truancy officers, including the County Superintendent and Boards of Education, shall be subject to the general supervisory control of the State Department of Public Instruction.

3. Excuses From Attendance.] The County Superintendent shall have authority in all schools under his direct supervision, and the Board of Education in all independent school districts employing and maintaining a Superintendent for the schools of such independent district shall likewise have power, to excuse a child from school attendance for the following reasons:

(a) Because of serious illness in his immediate family, making his presence at home an actual necessity, or his presence in school a menace to the health of the other pupils.

(b) Because the child is otherwise instructed by a competent person and for a like period of time in the branches commonly taught in the public schools; provided, that all such instruction shall be given only and entirely in the English language. The County Superintendent shall be the judge as to the competency of such instruction and the child so iustructed shall take such examination as the County Superintendent may require, and reports covering his work shall be filed with the County Superintendent in such form and as often as that officer may require.

(c) Because the physical or mental condition of the child is such as to render his attendance at school unsafe, impracticable or harmful either to such child or to others; provided, that the existence of such condition is evidenced by the certificate of a reputable physician, dentist or any other person who may lawfully treat sickness or disease under the laws of the State.

(d) Because the child, as declared by a reputable physician, is mentally or physically defective and cannot receive proper instruction in the common schools, in which case, suitable provision shall be made for the instruction or training of such child by a private instructor

or in an institution adapted to the instruction and training of such defectives. Provided, in the event that a blind, deaf or feeble-minded child is not given such instruction, it shall be the duty of the truancy officer to institute action in the County Court for the commitment of such child to the state institution maintained for such defectives, unless such child shall be excused from attendance by the superintendent of such institution.

(e) Between April 1st and November 1st, should there exist an extreme need for the child's assistance at home, he may be excused from attendance at school for a period of not to exceed forty school days; provided, that such child shall have completed the sixth grade of the common school course or its equivalent.

(f) Provided, that all applications for excuse from school attendance shall be in writing, and if granted, a certificate shall be issued by the Superintendent of Schools having jurisdiction over the district in which the child resides, stating the reason for such excuse and the period for which it is issued. Provide further, that any reputable citizen who is dissatisfied with the decision of the County Superintendent or Board of Education, as the case may be, may appeal the matter to the Superintendent of Public Instruction, whose decision shall be final. A permanent record of all such certificates of excuse shall be kept by the County Superintendent and by the Clerk of the Board of Education, and duplicates forwarded to the Superintendent of Public instruction at the time of issue, and the teacher of the school to which such child belongs shall be promptly notified of the issuance of such certificates.

4. Reports and Notices.] (a) Each teacher in the county under the direct supervision of the County Superintendent shall keep an accurate record of the attendance or non-attendance of all persons of compulsory school age who are or should be enrolled in her classes. She shall report the names of all persons of compulsory school age not in attendance or whose attendance is irregular, with reasons for same if known, promptly every two weeks to the county superintendent on blanks provided for that purpose.

(b) It shall be the duty of teachers, members of Boards of Education and district school officers to warn parents or persons in control of children of compulsory school age to cause such children to enter school and attend regularly, and to report them to the truancy officer for such district if such warning is not heeded, and all school officers, Superintendents and teachers shall cooperate in the enforcement of the school attendance laws.

5. Delinquency.] Any child of compulsory school age who habitually absents himself from school without legal excuse, or who refuses to attend school, or who by boisterous acts or language or willful disobedience seriously interferes with the discipline and management of a school, shall be deemed a delinquent child, and action shall be instituted against him by those charged with the enforcement of the compulsory attendance laws, in the proper court.

Section 7643. Method of Enforcement.] 1. 1. It shall be the duty of all truancy officers to make and file complaints, and any teacher, school officer, or any reputable citizen may make and file such complaint, before the County Court, against any person having control of a child of compulsory school age who is not attending school or whose attendance is irregular, or who has been guilty of habitual truancy; and such complaint shall state the name, if known, of the father or mother of such child or the survivor of them, and if the father or mother