CHAPTER 91. [S. B. 137.] PROVIDING FOR THE INSPECTION OF SHEEP. AN ACT to Provide for the Inspection of Sheep. Be it Enacted by the Legislature of the State of South Dakota: § 1. COUNTY COMMISSIONERS TO APPOINT INSPECTOR.] In every county in this state containing two thousand sheep or more, the county commissioners shall appoint a sheep inspector, who shall be selected by the sheep owners of the county, at a meeting held for that purpose. Such inspector shall hold his office for the period of two years, and until his successor is selected and has qualified, unless sooner removed for cause. Any inspector may act in any other county of the state having no inspector on the request of the county commissioners thereof. The meeting mentioned in this section shall be called by the county commissioners and they shall give notice of such meeting by notice published in a newspaper of the county for two successive weeks immediately prior to the date of such meeting, and such notice shall state the time and place of holding such meeting. § 2. DUTY OF INSPECTOR.] It shall be the duty of the sheep inspector, whenever he shall have knowledge or information that any sheep within his jurisdiction have the scab or any infectious or contagious disease to inspect said sheep; and should he find them so affected he shall forthwith notify the owner or person in charge of them of the fact, upon a proper printed form to be furnished by the county, and shall also file a copy of said notice in the office of the county auditor of his county; and said inspector shall at once place such infected sheep in quarantine, and shall also give to the owner or person in charge of them directions for treatment, and shall furthermore brand every sheep in the affected flock with the symbol Z. And the inspector shall instruct the owner or person in charge of the infected sheep to keep said sheep so branded until cured, and until discharged by written order of the inspector. The inspector shall also visit such infected flock once a month, for the purpose of seeing that they are being treated according to his directions, and shall file written reports of such visits with the county auditor, until such time as he finds said flock to be cured, when he shall give the owner or person in charge thereof a certificate of freedom from disease, and shall thereupon allow the owner or person in charge to obliterate the symbol so placed upon said sheep as above provided, and shall make a written report of the same to the county auditor. It shall also be the duty of the sheep inspector to inspect all sheep unloaded from the railroad cars and to compel the owner or person in charge thereof to thoroughly dip said sheep in some good sheep dip before permitting them to be taken out of the railroad company's yards, whether the sheep come from within this state or from without this state. It shall also be the duty of the sheep inspector, should he find sheep unloaded from the railroad cars to be affected with the scab or any infectious or contagious disease, to prohibit their removal from the yards under any circumstances. In the event of sheep developing scab after inspection and removal, the inspector shall proceed as provided in Section 2 of this act. The inspector shall cause a printed notice of the law regarding the duties of parties shipping sheep over the railroad in this state, to be posted in a conspicuous place in every depot or unloading place in his dis trict. The inspector may appoint deputies at the various unloading points in his district to superintend the unloading of sheep from the cars, and see to the sheep being held in the stock yards until the inspector arrives to inspect them. § 3. DUTIES OF RAILROAD COMPANIES.] Upon the arrival of any sheep at any unloading point in this state, the person in charge of them shall immediately report them to the inspector or his deputy, for inspection, and the inspector shall thereupon inspect and report as provided in Section 2 of this act; and it shall be unlawful for any railroad company to release from their yards any sheep until so inspected; and in case any railroad company shall release from their yards the sheep before being inspected, and in case of failure from any cause of the person in charge of such sheep to report the same for inspection as above provided, or for any disobedience to the lawful instructions of the inspector after inspection, a fine of one hundred dollars shall be imposed upon said railroad com pany or said person, as the case may be, for each offense, in any court of competent jurisdiction, which fine when collected shall be paid into the county treasury for the use of the sheep inspector's fund, and any judgment for such fine against the person in charge of such sheep or against the owner thereof, shall be a lien upon said stock until paid. § 4. DISEASED SHEEP HOW TREATED.] The person in charge of said flock, when the same is reported by the inspector to be diseased, shall immediately herd or house the same under the direction of the inspector, so that they cannot range upon any ground accustomed to be ranged upon by any other sheep, and shall restrain them from passing over or traveling upon any public highway or other road. The person in charge of such sheep shall at once follow any directions for treatment prescribed by the inspector, and promptly and faithfully carry out the same until a cure is effected, or until discharged by the inspector. § 5. OWNER OF SHEEP TO ASSIST INSPECTOR.] The owner or person in charge of any sheep about to be inspected shall afford the inspector all reasonable facilities and assistance for making his inspection, and for every violation of the provisions of this section the owner or person in charge of such sheep shall be fined in any sum not less than ten dollars nor more than one hundred dollars, and every separate day's neglect or refusal so to do shall constitute a separate offense; and the written report of an offense made by an inspector, under oath shall be prima facie evidence of the commission of the offense, and any justice of the peace of the county where the offense is committed shall have jurisdiction thereof; and the inspector shall ex-officio report all violations of the provisions of this act, of which he has knowledge and shall prosecute the same. § 6. INSPECTOR TO FILE OATH AND BOND.] Every inspector before entering upon the duties of his office shall take the oath of office prescribed by law. and shall give bond to the State of South Dakota in the penal sum of one thousand dollars, with sufficient sureties, conditioned that he will faithfully perform the duties of his office; said bond to be approved by the county auditor, who shall after approval endorse upon every bond he shall approve as follows: "I am acquainted with the sureties herein, and believe them to be worth the amount of the within bond, over and above their debts and liabilities." § 7. BOND RECORDED-WHERE.] Such bond with the oath thereon, shall be recorded in the office of the register of deeds of the county in which the inspector shall reside, and may be sued on by any person injured on account of the unfaithful performance of said inspector's duty; Provided, that no suit shall be so instituted after more than twelve months have elapsed from the time the cause of action accrued. § 8. MUST KEEP RECORD.] Every inspector shall keep a fair and correct record of all his official acts, and, if required, give a certified copy of any record upon payment of the fees therefor; and in case of the inspector's death, resignation, removal or expiration of his term, said record shall be deposited with the county auditor, to be delivered to the successor of such inspector. § 9. COMPENSATION.] The inspector shall receive three dollars a day while necessarily employed in inspecting sheep, and his deputies shall receive the same pay and all fines and penalties shall be paid to the county treasurer to be set aside as an inspection fund. § 10. NOTICE TO BE SERVED BY WHOM.] The notices herein provided for shall be served by the inspector, any of his deputies, or by the sheriff or any constable of the county, and the same fee shall be allowed therefor as are now allowed by law to sheriffs for like services. § 11. FALSE REPORT-PENALTY FOR.] Whenever any sheep inspector shall willfully and falsely report any sheep to be affected with disease, or willfully and falsely report any sheep inspected by him to be free from disease, he shall forfeit his office as an inspector and shall be subject to a penalty of not less than twenty-five dollars, nor more than one hundred dollars. If any sheep in $12. VACANCY DECLARED-WHEN.] spector shall be found guilty of any of the offenses set forth in Section 11 of this act, or if on complaint in writing signed by any three sheep breeders of the county the county commissioners, after allowing the inspector a fair hearing, shall be of the opinion that he is incompetent to discharge intelligently and efficiently the duties of his office, or that, having sufficient knowledge or information, he has, for any cause willfully or negligently failed to make the required inspection or that he has needlessly made inspections for the purpose of obtaining fees, or that his reports have been influenced by favor or prejudice, or from any cause he has willfully or negligently failed in the proper discharge of the duties of his office, it shall be the duty of the said county commissioners to declare said inspector's office vacant, and to immediately appoint a successor to such inspector. § 13. ASSESSMENT.] In each county there shall be levied and assessed annually a tax of one-half of a mill upon the dollar of the assessed valuation of the sheep within the county, which shall be collected as other general taxes, and which with penalties herein provided, shall constitute a sheep inspector's fund of the county, and which fund shall only be expended in the payment of the legal services of the sheep inspector and his deputies, and for such other expenses as are provided for in this act, and said fees and expenses shall only be paid by the county treasurer, after they shall have been approved and allowed by the county commissioners in the same manner and form as claims against the county are approved and allowed by them; and from said fund the sheep inspector shall be paid not to exceed three dollars per day while actually employed in making the annual round which it is hereby made his duty to make between the tenth day of August and the tenth day of December in each year, besides three dollars per day for each day actually employed in making the inspections required by Sections 2 and 3 of this act, and when he reports in substance no disease. $14. REPEAL.] All acts or parts of acts in conflict with this act are hereby repealed. § 15. EMERGENCY.] An emergency is hereby declared to exist and this act shall take effect and be in force from and after its passage and approval. Approved March 9, 1897. MINES AND MINING. CHAPTER 92. [H. B. 213.] TO INSURE SAFETY TO LIFE AND LIMB IN THE MINING IN- AN ACT to Insure Safety to Life and Limb in the Mining Industry. $ 1. SAFETY APPARATUS TO BE PROVIDED.] It shall be unlawful for any person to sink or work through any vertical or inclined shaft, where mining cages are used, at a greater depth than two hundred (200) feet unless the said shaft is provided with an iron bonnetted safety cage, to be used in lowering and hoisting employes, or any other persons, into or from such shaft. The safety apparatus, whether consisting of eccentrics, springs or other devices, must be securely fastened to the cage, and be of sufficient strength to hold the cage loaded at any depth to which the shaft may be sunk. The iron bonnet must be made of boiler sheet iron of good quality, at least three-sixteenths (3-16) of an inch in thickness and must cover the top of the cage in such manner as to afford the greatest protection to life and limb from any debris, or anything falling down the shaft. § 2. PENALTY.] Every person or corporation failing to comply with the provisions of this act, is punishable by a fine not exceeding one thousand ($1,000) dollars. § 3. EMERGENCY.] Whereas, an emergency exists, this act shall take effect from and after its passage and approval. Approved March 2, 1897. : |