third class, the clerk, assessor, treasurer, marshal and justice or justices of the peace within ten days after notice of their election or appointment, shall take and subscribe an oath or affirmation of office in the form required by the constitution, and furnish an undertaking to be approved by the board of trustees, in such amount as the board shall direct; and if the city or town be situated in more than one county, a duplicate of the undertaking and official oath of the justice or justices of the peace shall be filed in the office of the clerk of courts of each county in which the town is situated. All undertakings provided for in this section, after approval shall be filed with the city auditor or town clerk, except the undertaking of the auditor or clerk, which shall be filed with the Treasurer. Above proposed amendment is for the purpose of amending the present recodification to conform to the original Act, the original Act being Section 61 of Chapter 119 of the 1913 Session Laws, relating to the amount of the Treasurer's bond. Approved June 30, 1920. CHAPTER 73. (H. B. 37.) RELATING TO POWERS OF MUNICIPAL CORPORATIONS. AN ACT Entitled, An Act Adding Paragraph 17 to Section 6170 of the Revised Code of 1919, Relating to the Powers of Municipal Corporations. Be It Enacted by the Legislature of the State of South Dakota; Section 1. There shall be added at the end of Section 6170 of the Revised Code of 1919 an additional paragraph to be numbered 17 as follows: 17. No power conferred upon any municipal corporation shall be construed or exercised to prevent any co-operative association from receiving and distributing from cars and commodity purchased in car lot for the personal use of its members. Approved June 30, 1920. CHAPTER 74. (H. B. 46.) RELATING TO THE SALE OF REAL ESTATE. AN ACT Entitled, An Act Relating to Municipal Corporations, Authorizing the Sale of Real Estate by Such Corporations, and Providing the Procedure to Be Followed in Effecting Sales and Conveyances of Such Property, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. Real property which is now or may hereafter be held by any municipal corporation, the title to which has been or may be obtained from any source and not owned and held for public use, of which is about to be abandoned for public purposes, may be sold and conveyed by the governing body of such municipal corporation in the manner and upon the terms hereinafter provided. Section 2. Whenever the governing body of such municipal corporation deems it advisable and to the best interests of the municipal corporation to sell such real property, they shall by resolution direct that it be offered for sale in accordance with the provisions of this Act; provided, that when any real property is so offered for sale the governing body shall first cause the same to be appraised by a board of three disinterested appraisers who are freeholders within the municipal corporation, and no sale shall be made for a sum which is less than the amount of such appraisement. Section 3. All sales shall be made at public auction to the highest bidder, upon such terms as the governing body may direct, at the office or room occupied by the treasurer of the municipal corporation, under whose direction all sales shall be made. Notice of sale shall be given by publication in a legal newspaper published within the municipal corporation, for at least once a week for three successive weeks, and if there be no such newspaper, then by posting in three of the most public places therein, at least twenty days before the day of sale. The notice shall contain a description of the real property to be sold, and the time and place of sale. Section 4. Immediately upon the acceptance of any bid, the purchaser shall deposit the amount of the cash payment therefor with the city treasurer, taking his receipt therefor, a copy of which receipt shall be retained in the office of the treasurer. Section 5. At the first meeting of the governing body of such municipal corporation after such sale has been made, the city treasurer shall report the same together with all his proceedings therein. If the sale be approved by the governing body it shall direct that a deed of conveyance be made to the purchaser, which deed shall be executed in the name of the municipal corporation, by the mayor or president of the board of trustees, as the case may be, and attested by the treasurer, and shall vest in the grantee all the right, title and interest of the municipal corporation in and to the real property so sold and every part thereof. Section 6. If the governing body disapproves the sale, the treasurer shall return to the purchaser the money deposited by him, upon surrender of his receipt therefor. Section 7. The treasurer may postpone any sale advertised to be made hereunder by giving notice of such postponement at the time and place when and where the sale is advertised to be made; but if such postponement is for a longer period than five days, the notice of postponement must be published in the same manner that the original notice was published, during the period of such postponement. Section 8. All the money accruing from the sale of property under the provisions of this Act shall be paid into the treasury of the municipal corporation and credited to the general fund; provided, however, that the governing body may, in its discretion, use such money or any part thereof for the purpose of constructing or erecting any necessary municipal buildings. Section 9. 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 June 30, 1920. CHAPTER 75. (S. B. 47.) RELATING TO SEWERAGE. AN ACT Entitled, An Act Providing for the Connection of Service Sewers with Storm Sewers and the Assessments of the Benefits Thereof Against the Abutting Owners, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. Whenever any municipal corporation shall have constructed any storm sewer and paid or agreed to pay for the same out of its general fund or out of the proceeds of municipal bonds, and shall have constructed, have in course of construction, or have determined upon the construction of a system or part of a system of service sewers, and shall have assessed or determined to assess the cost of such service sewers against the property fronting or abutting upon such service sewers, the governing body thereof shall have power to grant to the owners and occupants of property fronting or abutting upon such storm sewer, the privilege of connecting therewith, and to assess the benefits of such privileges against such fronting or abutting property; (and such fronting or abutting property may have been previously connected with such storm sewer.) Section 2. Whenever the governing body of any municipal corporation shall desire to exercise the power conferred by the preceding section it shall, by resolution, grant the privilege mentioned therein and proceed to assess the benefits thereof in the manner provided in Article VI, of Chapter 9, of Part 8 of Title 6 of the South Dakota Revised Code of 1919, such benefits being apportioned as provided in Section 6382 of said Code. Section 3. All Acts and parts of Acts in conflict herewith are hereby repealed. Section 4. Whereas, this Act is necessary for the support of the State Government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall take effect from and after its passage and approval. Approved June 30, 1920. Municipal Courts CHAPTER 76. (H. B. 5.) RELATING TO SALARY OF JUDGE. AN ACT Entitled, An Act to Amend Section 5209 of the South Dakota Revised Code 1919, Relating to Salary of Judge of Municipal Courts, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That Section 5209 of the South Dakota Revised Code of 1919 is hereby amended to read as follows: Section 5209. Salary of Judge.] In cities having a population of five thousand such judge shall receive in full compensation for his services the sum of fifteen hundred dollars per annum, and for each additional one thousand population or major fraction thereof in excess of five thousand, an additional sum of two hundred and fifty dollars per annum; provided, that in no case shall such salary exceed the sum of twenty-four hundred dollars per annum; the population to be determined at all times by last census, Federal or State, as it may be. The salary shall be paid monthly, one-half from the city treasury and one-half from the treasury of the county. The salary of such judge in a city having a population less than five thousand shall not be less than nine hundred dollars nor more than twelve hundred dollars, the same to be fixed by the city council or board of commissioners. 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 full force and effect from and after its passage and approval. Approved July 3, 1920. CHAPTER 77. (S. B. 67.) RELATING TO SALARY OF JUDGE. AN ACT Entitled, An Act Relating to Salaries of Municipal Judges and Providing the Manner of Determining the Amount and Legalizing the Payment Therefor, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. Where the population as ascertained by multiplying the vote cast for Governor by five, as provided in Section 5209 of the South Dakota Revised Code of 1919, shall be less than that shown by the State Census of the year 1915, there shall be paid to such judge by the county and city for the period from July 1st, 1919, to the time this Act takes effect, an amount sufficient to make, with the amount actually paid for that period, the sum to which the judge would have been entitled upon the population as shown by the State census for the year 1915; and all payments which have been or which shall be made by such city and county according to the said State census of 1915 during the period from July 1st, 1919, to the time this Act goes into effect are hereby legalized. 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 June 30, 1920. Primary Elections CHAPTER 78. (S. B. 48.) RELATING TO PARTY PRIMARIES (INITIATED MEASURE). AN ACT Entitled, An Act to Provide for the Holding of Primary Elections for the Purpose of Making Party Nominations, Electing Party Delegates and Committeemen, Providing Penalties for Violating Party Primary Election Laws, Providing for Registration, and Repealing Sections 7097 to 7189 and 7200, Inclusive, of the Revised Code of 1919, and All Acts and Parts of Acts in Conflict with the Provisions of This Act, and to Provide for Submitting This Act to the Voters of This State for Approval. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That the following Act be and the same is hereby enacted, proposed, initiated and submitted to a vote of the electors of the State at the next general election to be held in the year 1920 for their approval, before going into effect. Be It Enacted by the People of South Dakota: Section 1. (Statute, How Constructed.) This statute shall be liberally constructed so that the real will of the electors may not be defeated by mere technicality. Section 2. (Shall be Nominated and Elected at Primary Election.) Hereafter all party candidates for United States Senator, Representatives in Congress, Governor and County and Legislative offices shall be nominated and all party delegates to political conventions, and all precinct, County and State Committeemen, shall be elected at a primary election. And all State officers including Circuit and Supreme Court Judges except as above provided including Presidential electors, shall be nominated, and all National Committeemen and delegates to National Party Conventions shall be elected at a Party Delegate State Convention in accordance with the provisions of this Act. All other nominations of such candidates shall be by petition in a manner now provided by law. Section 3. (Law Not Applicable.) This Act shall not apply to Municipal, Town, Township and School District officers. Section 4. Primary and Convention, When Held.] The Primary election shall be held at the regular polling place in each precinct thruout the State on the first Tuesday in May, 1922, and biennially thereafter between the hours 8:00 o'clock A. M. and 5:00 o'clock P. M., and any person entitled to vote at a general election who has registered his party affiliation as provided in this Act shall be entitled to a vote in such primary. The State Convention herein provided for shall be held at the State Capital in the City of Pierre on the 3rd Tuesday in May, 1922, and biennially thereafter. Section 5. Subdivision 1.] The name of no candidate for any county or Legislative office nor any candidate for election as a member of any State Central Political Committee from any County shall be printed upon the official ballot used at such primary unless at least thirty days prior to such primary a nominating petition shall have been filed in his behalf in the office of the County Auditor in the County in which he is a candidate in substantially the following form: We, the undersigned qualified electors of the County of |