absenting himself, be liable to any penalty, no [nor] shall any deduction be made on account of such absence from his usual salary or wages. Provided, however, that application shall be made for such leave of absence prior to the day of election. The employer may specify the hours during which such employe may absent himself as aforesaid. Any person or corporation who shall refuse to an employe the privilege hereby conferred, or who shall subject an employe to a penalty or reduction of wages because of the exercise of such privilege or who shall directly or indirectly violate the provisions of this act, shall be guilty of a misdemeanor. § 41. CANVASSING VOTES.] The votes for the several candidates shall be canvassed, in the order in which they occur upon the several ballots. None but the official ballots shall be counted, except such as are voted in accordance with section 19 of this act. All ballots that are defective shall be so marked and accounted for as herein before provided in this act. § 42. THIS ACT NOT APPLICABLE—WHEN.] This act shall not apply to elections to public offices determined otherwise than by ballot, nor to election for school officers, when no other officers are to be chosen at the same election, nor to the election of township officers. § 43. WILLFUL MISCONDUCT OF OFFICER.] Any public officer upon whom a duty is imposed by this act, who shall willfully neglect to perform such duty, or who shall willfully perform it in such a way as to hinder the objects of this act, shall be punished by a fine of not less than one hundred (100) dollars, nor more than five hundred (500) dollars or by imprisonment in jail for not more than one (1) year, or by both such fine and imprisonment. Any person having charge of official ballots, who shall destroy, conceal or suppress them, except as in this act permitted, shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment in the state penitentiary not less than one (1) year nor more than three (3) years. § 44. PAMPHLET TO BE PUBLISHED AND DISTRIBUTED. ] It shall be the duty of the secretary of state to cause to be published in pamphlet form and distributed through the county auditors of the respective counties a sufficient number of copies of this law, together with the registration law of the state, if any, and such other laws as bear upon the subject of election, as will place a copy thereof in the hands of all officers of election. $45. REPEAL.] All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved March 5, 1897. y CHAPTER 61. [H. B. 49.] AMENDING LAWS RELATING TO ELECTIONS IN CITIES. AN ACT to Amend Section 9 of Article 14 of Chapter 37 of the Session Laws of 1890, Relating to Election in Cities. Be it Enacted by the Legislature of the State of South Dakota: § 1. AMENDMENT.] That Section 9 of Article 14 of Chapter 37 of the Session Laws of 1890 be, and the same is hereby amended to read as follows: "Section 9. Special Elections.] If there is a failure to elect any officer herein required to be elected, or the person elected should fail to qualify, or for any other cause that may arise, the city council shall forthwith order a new election therefor, and in all cases necessary for the purpose of this act may call special elections, appoint judges therefor, canvass the returns thereof, and provide by ordinance the mode of conducting the same; and shall give notice of such special elections, in which it shall be stated the questions to be voted upon, and cause such notices to be published for the same length of time, and in the same manner as is required in the case of regular annual elections in such city; Provided, that in case of a vacancy in any city office, accruing from any cause in cities of the third class, the city council may appoint any elector of said city to fill such vacancy until the next regular city election." § 2. REPEAL.] All acts and parts of acts in conflict with the provisions of this act are hereby repealed. §3. EMERGENCY.] An emergency is hereby declared to exist and this act shall go into effect immediately after its passage and approval. Approved March 5, 1897. CHAPTER 62. [S. B. 239.] PUBLIC ELECTIONS AND MEETINGS OF BOARDS OF SUPER VISORS. AN ACT to Provide for the Place of Holding Public Elections and Meetings of the Board of Supervisors in Townships and Voting Precincts Surrounding an Incorporated Town. Be it Enacted by the Legislature of the State of South Dakota: § 1. PUBLIC ELECTIONS AND MEETINGS-WHERE HELD.] All public elections and meetings of the board of supervisors held in or for any civil township or voting precinct shall be held at polling places established therein. Provided, however, that wherever an incorporated town has been carved out of or is surrounded by the territory included within any civil township or voting precinct, an election and meetings of board of supervisors for said township or precinct may be held within such incorporated town, which shall within the meaning of this act to be held within such township or precinct. § 2. REPEAL] All acts and parts of acts in conflict with the provisons of this act are hereby repealed. Approved March 9, 1897. ESTRAYS. CHAPTER 63. [H. B. 12.] AMENDING LAWS RELATING TO ESTRAYS. AN ACT to Amend Sections 2297 and 2298 of the Compiled Laws, Being to Facilitate to [the] Recovery of Estrays. Be it Enacted by the Legislature of the State of South Dakota: § 1. AMENDMENT.] That Section 2297 of the Compiled Laws of 1887 being Section 2297, Article 6, Chapter 22, of the Political Code be amended to read as follows: Section 2297. "Such justice shall also transmit a copy of such notice and the certificate of the appraisers certified by him to be a true copy from his docket to the register of deeds of his county within ten days after the completion of such appraisement." § 2. AMENDMENT-ESTRAY REGISTER-PUBLIC PRINTER. ] That Section 2298 of the Compiled Laws of 1887 being Section 2298, Article 6 of Chapter 22, of the Political Code be amended to read as follows: Section 2298. Every register of deeds upon receiving such notice and certified copy of appraisement shall forthwith cause the certificate of appraisement to be recorded in a book to be kept in his office to be entitled "The Estray Register" and shall immediately forward a copy of said notice to the public printer hereinafter provided, together with the amount required to pay for two insertions of said notice in the paper published by said printer. The secretary of state shall select and contract with the printer to print all such advertisements of estrays and shall immediately notify the register of deeds of each organized county of the name and postoffice address of such printer and the price of such advertisement. Such contract shall be made on the first Monday in January annually and if a vacancy shall from any cause occur the secretary shall forthwith fill it by contract. The printer thus selected shall once in each week issue a newspaper or printed sheet, in which he shall print two successive insertions of all estray notices sent to him and shall send one copy of each paper issued to the register of deeds of each county in the state, who shall receive, file and preserve the same to be examined by any person who may desire to see them. The register of deeds is hereby required to subscribe for one copy of such paper selected by the secretary of state for the publication of estray notices, and the amount of the subscription price shall be allowed and paid out of the treasury of the county. § 3. EMERGENCY.] Whereas, the winter and early spring is the time when stock is most apt to stray away, and the paper to be selected by the secretary of state will be most needed before the expiration of ninety days after the passage and approval of this act, an emergency is declared to exist, therefore this act shall take effect and be in force on and after its passage and approval. Approved March 3, 1897. CHAPTER 64. AMENDING LAWS RELATING TO ESTRAYS. AN ACT to Amend Section Twenty-two Hundred and Ninety-four of the Compiled Laws of Eighteen Hundred and Eighty-seven, being Chapter Thirty-four, Section Five of the Political Code. Be it Enacted by the Legislature of the State of South Dakota: § 1. AMENDMENT-PERSON TAKING UP ESTRAY TO GIVE NOTICE.] That Section two thousand, two hundred and eightyfour of the Compiled Laws of eighteen hundred eighty seven, being Chapter thirty-four, Section five of the Political Code, be amended so as to read as follows: Every person who shall take up an estray horse, mare, mule, ass or any head of neat cattle, sheep, hog or goat, shall within ten days thereafter give notice of the finding of such animal by sending to the county auditor of the county wherein such estray was taken up, a description of such estray and the marks and brands thereon, together with his name and postoffice address, and if his residence be not within a city, the section, township, and range and number of such residence, and the county auditor, to whom such notice shall be sent, shall file such notice in his office and shall answer any inquiries concerning estrays which may be properly directed to him or asked of him, and if the same be not called for or claimed by any person within fifteen days after the sending of such notice, the person taking up such estray animal shall go before some justice of the peace of the county wherein he resides and make oath that such animal was found estray by him and the place where the same was found; that the marks and brands thereon have not been effaced or altered by him since the taking up, and that he has sent such description as provided by law to the county auditor of the county wherein he resides; such affidavit shall be made and subscribed in the docket of such justice, and shall be sufficient proof of the notice of the notice of such estray as herein required. § 2. EMERGENCY.] Whereas the winter and early spring [is] when stock are most apt to stray, an emergency is declared to exist, and this act shall take effect and be in force on and after its passage and approval. Approved March 9, 1897. FOOD. CHAPTER 65. RELATING TO ADULTERATION OF FOOD AND DRINK. AN ACT to Amend Sections 2246, 2248 and 2249 of the Compiled Laws of 1887, the Same Being Sections 1, 3 and 4, Chapter 64, Session Laws of 1885, Relating to Adulteration of Food and Drink. Be it Enacted by the Legislature of the State of South Dakota: § 1. AMENDMENT.] That Section 2246 of the Compiled Laws of 1887 be amended to read as follows: "No person shall knowingly sell any kind of diseased, corrupted or unwholesome provisions whether for meat or drink, without making the same fully known to the buyer, or shall fraudulently adulterate for the purpose of sale any substance intended for food, or any wine, spirits or other liquor intended for drinking, or color, stain or powder any article of food, drink or medicine, or any article which enters into the composition of food, drink or medicine, with any |