other ingredients or materials whether injurious to health or not, for the purpose of gain or profit, or sell or offer the same for sale or order or permit any other person to sell or offer for sale any article so mixed, colored, stained or powered, unless the same be so manufactured, used or sold, or offered for sale under its true and appropriate name, and notice that the same is mixed or impure is marked, printed or stamped upon each package, roll, parcel or vessel containing the same, so as to be and remain at all times readily visible or unless the person purchasing the same is fully informed by the seller of the true name and ingredients (if other than such as are known by the common name thereof) of such article of food, drink or medicine at the time of making sale thereof or offering to sell the same. Provided, that nothing in this act shall be construed as to prevent the use of harmless coloring of butter or cheese made from whole milk or cream, or as considering such coloring to be an adulteration, or requiring butter or cheese so made to be branded as "Impure."

§ 2. AMENDMENT.] That Section 2248 be amended to read as follows: "No person by himself or his agents or servants shall render, or manufacture, sell or offer for sale, take orders for future delivery, or have in his possession, keep in storage, distribute, deliver, transfer or convey with intent to sell, within the state of South Dakota, any article, produce or compound made wholly or partly out of any fat, oil or oleomargarine substance or compound thereof, not produced from unadulterated milk or cream from the same, which shall be in imitation of butter produced from pure unadulterated milk or cream of the same. Provided, that nothing in this act shall be construced to prohibit the manufacture or sale of oleomargarine in a separate and distinct form, and in such a manner as will advise the consumer of its real character, free from coloration or ingredients that cause it to look like yellow butter, and, provided further, that such substance or compound thereof, also or oleomargarine shall be colored pink."

§ 3. PUNISHMENT FOR VIOLATION.] Any person convicted of violating any of the provisions of sections 1 and 2 of this act shall be deemed guilty of a misdemeanor and punished with imprisonment in the county jail not to exceed six months nor less than three months, or by fine not to exceed two hundred dollars ($200) nor less than one hundred dollars ($100).

AMENDMENT.] That section 2249 be amended to read as follows: "Whoever furnishes or causes to be furnished in any hotel, restaurant, boarding house, or at any lunch county [counter], oleomargarine or butterine to any guest or patron of such hotel, restaurant, boarding house, or lunch counter in place or stead of butter, shall notify said guest or patron that the substance so furnished is not butter and any party so furnishing without such notice shall be punished by a fine of not less than ten dollars ($10) or more than fifty dollars ($50) for each offense."

$5. REPEAL.] All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

$6. EMERGENCY.] An emergency is hereby declared to exist, and this act shall take effect and be in full force from and after its passage and approval.

Approved March 3, 1897.

GAME.

CHAPTER 66.

[S. B. 36.]

RELATING TO THE PROTECTION OF LARGE GAME.

AN ACT For the Protection of Large Game.

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

§ 1. CERTAIN ANIMALS UNLAWFUL TO KILL.] It shall be unlawful for any person not a bona fide resident and citizen of the state of South Dakota to pursue, hunt, kill or capture, in any way or manner or by any means or device, within the boundaries of said state, any buffalo, moose, elk, deer, antelope, mountain sheep or mountain goat.

§ 2. CLOSE YEARS DEFINED.] It shall be unlawful for any person or persons whomsoever to pursue, hunt, kill or capture within the boundaries of this state, any of the animals in Section one (1) of this act mentioned, in and during the year A. D. nineteen hundred and every fifth year thereafter, which years are declared to be close years.

§ 3. UNLAWFUL TO KILL-WHEN.] It shall be unlawful for any person or persons to hunt, pursue, kill or capture any of the animals in Section one (1) mentioned under the age of one year. § 4. FEMALE ANIMALS UNLAWFUL TO KILL—WHEN.] It shall be unlawful for any person or persons to hunt, pursue, kill or capture any female of the animals in Section one (1) mentioned, prior to the first day of October A. D. nineteen hundred and one.

§ 5. OPEN SEASON DEFINED.] It shall be unlawful for any person or persons to hunt, pursue, kill or capture any of the adult males of the animals in said Section one mentioned,

or any of the adult females after October first A. D. nineteen hundred and one, except during the months of October and November in years not close years, which months in years not close years are declared an open season, and in such open season, only under limitations and restrictions as follows, to-wit; No person or persons hunting together shall kill or capture more than two of said animals in any one day, nor more than four in any one open season, nor more than one of the females of such animals in any open season in which such females may be taken, nor have in his or their possession at any one time, the carcasses or parts of the carcasses of more than three of such animals, nor shall anyone use any dogs in running or coursing such animals.

§ 6. UNLAWFUL TO SELL CARCASS.] It shall be unlawful for any person or persons hunting together to have in possession, for sale or to offer for sale, or to sell the carcasses or parts of the carcasses of more than two of said animals in Section one of this act mentioned, taken by himself or themselves in this state, in any one year, and every such hunter selling the carcass of any such animal, shall give to the purchaser a certificate in writing stating when, where and by whom such animal was taken, its sex and weight, which certificate shall be preserved until the end of the year in which it was given and which shall be exhibited on demand to any game warden of the state. No other persons than the actual captors shall sell any carcass or parts of a carcass of any of said animals taken in this state, except shop keepers as in the next section of this act provided.

No shop

§ 7. SHOPKEEPER TO POST CERTIFICATE.] keeper shall sell or offer for sale the carcasses or parts of carcasses of the animals in Section one (1) mentioned sold to him contrary to the provisions of the last preceding section. Nor shall he have in possession for sale the carcasses of more than four of such animals at any one time, take in this state, nor shall he sell or offer to sell the same at any other place than an open shop, where such animals shall be kept on open view, which shop shall have been kept as an open shop for the sale of meats for at least three months prior thereto, nor shall any such shopkeeper sell more than ten such carcasses in any one year, and he shall keep in said shop exposed to public view, a certificate in writing showing when, where and by whom each respective animal offered for sale was taken, with its weight and sex, which certificate shall be preserved until the end of the year in which it was made, and no such shop-keeper shall have in his possession any such carcass or parts of such carcass after the twentieth day of December in any year, nor shall he purchase any such after the fifth day of December in any year. Any person violating any of the foregoing provisions of

this act shall, upon conviction be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars for the first offense, and for each subsequent offense by a fine not less than fifty dollars nor more than one hundred dollars and by imprisonment in the county jail for a period not less than thirty days nor more than three months.

§ 8. FINE FOR SERVING GAME AT CERTAIN TIME.] No keeper of a hotel, restaurant or boarding house, shall serve to his guests any game in this act mentioned during any of the period of time when the taking or killing of the same is prohibited under a penalty for each offense of a fine of ten dollars.

§ 9. UNLAWFUL TO TRANSPORT.] It shall be unlawful for any person, railroad company, express company or other common carrier, or the servants or agents of such common carrier at any time to send, ship, carry or transport out of this state, or to have in his or their possession for that purpose any animal, either dead or alive, in this act mentioned; Provided, that nothing in this act shall prevent the transporting out of this state the mounted heads, stuffed skins, hides and horns of animals not killed in violation of this act. Provided further, that none of the provisions of this section shall apply to game or freight in transit into or through this state from other states or territories. Any person or corporation violating any of the provisions of this section shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars for each consignment from one consignor to one consignee.

§ 10. POWER AND DUTIES OF FISH COMMISSIONERS.] The fish commissioners who are now appointed or who may hereafter be appointed shall be game wardens. Every game warden, sheriff, constable and other officer of the law are charged with the duty of enforcing the provisions of this act. They shall arrest or cause to be arrested all violators thereof and shall prosecute all offenses against the same. They shall have power to arrest without warrant any person or persons found violating any of the provisions of the law when detected in the commission of the act, and they may seize and take into custody the carcass or any part thereof of any animal killed during the period when the killing or capture of such animal is not permitted by this act.

§ 11. PROSECUTION FOR VIOLATION.] Prosecutions for the violation of any of the provisions of this act shall be commenced before any justice of the peace in the county wherein the offense shall have been committed and any such justice of the peace shall, upon his own knowledge or upon the oath of any competent person issue his warrant to the sheriff or any constable of his county for the arrest of any person or persons charged with the violation of any of the provisions of this act

and upon the arrest of such person or persons shall proceed in the hearing of said complaint as in other cases of misdemeanor cognizable before justices of the peace.

§ 12. FINES HOW PAID.] Fines collected under this act shall be paid under the direction of the court imposing the same, one-half to the informer or informers and the other half into the school fund of the county in which such fines shall have been collected.

§ 13. REPEAL.] All acts and parts of acts in conflict with this act are hereby repealed.

§ 14. EMERGENCY.] Whereas, there is now no adequate law in force upon this subject, an emergency is hereby declared to exist and this act shall be in force from and after its passage and approval.

Approved March 9, 1897.

GUARDIANS.

CHAPTER 67.

[S. B. 205.]

PROVIDING FOR THE APPOINTMENT OF GUARDIANS FOR DESTITUTE AND ABANDONED CHILDREN.

AN ACT Providing the Method to Procure the Appointment of Guardians for Destitute and Abandoned Children Within this State.

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

§ 1. COURT TO APPOINT GUARDIAN.] Whenever a petition shall be presented to the circuit or county court of any county by any person that there is in such county any child who is a county charge, or any orphan, or any child deserted by both its parents, which orphan or deserted child has no suitable home or abode, or any child of any infirm, indigent or incompetent person, or any child of any person who is supported in whole or in part from the public poor fund, or any child having no suitable home or abode, or any child having vicious or immoral parents or guardians, or in the custody and control of vicious or immoral people, or surrounded by vicious, corrupt or immoral influences, and the child of any per