CHAPTER 93. [H. B. 165.] PROVIDING FOR REMOVAL OF IMPURITIES FROM SMELTERS AND DRY CHRUSHING REDUCTION WORKS. AN ACT to Provide for the Removal of Unnecessary Gases, Fumes and Dusts From Smelters and Dry Crushing Reduction Works. Be it Enacted by the Legislature of the State of South Dakota: § 1. OPERATIONS OF SMELTERS-DUTY OF.] Any person or persons, corporation or companies operating smelters or dry crushing reduction works are hereby required to put in their respective works exhaust fans and dust chambers or some other contrivance for the removal of all gases, fumes, dust and other impurities that accumlate at all times in the operation of such works. § 2. FAILURE TO COMPLY-PENALTY.] Any person or persons, corporations or companies that shall fail to provide all reasonable safeguards for the protection of life and health of their employes by not putting in their respective works such appliances as provided in Section 1 of this act, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars ($1,000) nor less than five hundred dollars ($500) for each offense. § 3. PROOF OF FAILURE TO COMPLY.] Proof of the failure of any such person or persons, corporation or company to comply with the provisions of this act, shall be prima facie evidence of negligence on the part of any person or persons, corporation or company. § 4. DUTY OF MINE INSPECTOR.] The state mine inspector is hereby empowered and compelled to visit such works at least once every month to see that the provisions of this act are enforced. § 5. IMPROVEMENTS TO BE COMPLETED—WHEN.] Any person or persons, corporation or company operating any works that come under the provisions of this act are hereby required to have such improvements completed in ninety (90) days after the passage and approval of this act. Approved March 3, 1897. MONOPOLIES AND TRUSTS. CHAPTER 94. [S. B. 96.] RELATING TO MONOPOLIES AND TRUSTS. AN ACT to Enforce Section Twenty of Article Seventeen of the Constitution of the State of South Dakota. Be it Enacted by the Legislature of the State of South Dakota: § 1. MONOPOLIES AND TRUSTS DEFINED.] That within the meaning of this act a trust or a monopoly is a combination of capital, skill, or acts of two or more persons, firms, corporations or associations of persons; first, to create or carry out restrictions in trade; second, to limit the production or to increase or reduce the price of commodities; third, to prevent competition in the manufacture, transportation, sale or purchase of merchandise, produce or commodities; fourth to fix any standard or figure whereby the price to the public shall be in any manner established or controlled. Provided, that nothing in this act shall be construed so as to include labor organizations. § 2. UNLAWFUL TO PREVENT COMPETITION.] That it shall be unlawful for any incorporated company, co-partnership or association of persons in this state directly or otherwise to fix prices, limit the production or regulate the transportation of any product or commodity so as to obstruct or delay or prevent competition in such production or transportation or limit transportation of commodities or to fix prices therefor. § 3. UNLAWFUL TO COMBINE.] That it shall be unlawful for any incorporated company, co-partnership or association of persons in any other state to directly or otherwise combine or make any contract with any incorporated company, co-partnership, association of person or persons in this state to combine or make any contract to fix prices, limit the production or [of] commodity or regulate the transportation directly or otherwise of any product or commodity so as to obstruct or prevent competition or limit transportation or to fix prices therefor. § 4. VIOLATION-PENALTY.] Any person or persons, officer or servants of any company, co-partnership or association of persons convicted of violating any provisions of this act shall be deemed guilty of a misdemeanor and upon convic tion thereof for the first offense shall be fined not less than one thousand dollars, nor more than five thousand dollars, and upon conviction for the second offense not less than five thousand dollars nor more than ten thousand dollars. § 5. FINES TO WHOM PAID.] All fines recovered under this act shall be paid, one half to the person or persons aggrieved and the other half shall be paid into the county treasury of the county in which the conviction may be made to the credit of the general county fund of said county. § 6. DUTY OF STATE'S ATTORNEY.] It shall be the special duty of the state's attorney of each county in this state upon the affidavit of any person or persons aggrieved showing that any person or persons have violated any provisions of this act to make complaint and cause the arrest of such person or persons and to prosecute him or them to conviction if proved to be guilty and it shall be the duty of the attorney general of the state upon the request of any state's attorney for any county to aid in the prosecution of actions under this act. § 7. REPEAL.] That all acts or parts of acts in conflict with this act are hereby repealed. Approved March 1, 1897. MORTGAGES. CHAPTER 95. [H. B. 19.] REQUIRING MORTGAGEES TO FURNISH MORTGAGORS COPY. AN ACT Requiring Mortgagees of Personal Property to Prepare and Furnish the Mortgagors with Copies of the Mortgage Instruments, and Making the said Mortgage Instruments Void Unless so Furnished. Be it Enacted by the Legislature of the State of South Dakota: § 1. MORTGAGEE MUST FURNISH COPY.] That the mortgagee of every chattel mortgage at the time of the making and delivery thereof, shall prepare for and deliver to the mortgagor a full, true, perfect and complete copy of the same without additional cost. § 2. MORTGAGE VOID—WHEN.] That every chattel mortgage shall be void unless it appears upon the mortgage instrument over the signature of the mortgagor, that a true copy of the same has been delivered to and received by the mortgagor, as in Section 1 of this act provided. § 3. DUTY OF REGISTER OF DEEDS.] That no chattel mortgage shall be received and filed, or filed for record, or recorded in this state, by any register of deeds, or other person authorized to receive and file, or file for record, 'or record chattel mortgages, unless it appears upon the mortgage instrument over the signature of the mortgagor that a copy thereof has been delivered to and received by the mortgagor as in this act provided. Approved February 24, 1897. CHAPTER 96. REQUIRING MORTGAGEES TO FILE ADDRESSES WITH REGISTER OF DEEDS. AN ACT to Require the Holders of Mortgages to File Their Address with the Register of Deeds. Be it Enacted by the Legislature of the State of South Dakota: § 1. DUTY OF MORTGAGEES.] The mortgagee of every real estate mortgage shall state therein his postoffice address before recording the same. § 2. DUTY OF THE ASSIGNEES.] Every assignee or other owner or holder of any real estate mortgage shall, within thirty days after becoming the owner thereof, or within thirty days after the taking effect of this act, file with the register of deeds of the county where such mortgage is recorded, a statement showing the page and volume where such mortgage is recorded and his name and postoffice address, and it shall be the duty of the register of deeds of any such county to so enter the address upon the margin of the record of any such mortgage when filed. § 3. INTEREST NOT COLLECTABLE WHEN.] No interest shall become due and collectable by the mortgagee or owner of any mortgage upon any real estate in the State of South Dakota until the provisions of Section one and two have been complied with. § 4. REPEAL.] All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved March 9, 1897. CHAPTER 97. [H. B. 149.] AMENDING LAWS RELATING TO FORECLOSURE OF SCHOOL FUND MORTGAGES. AN ACT to Repeal Chapter 162 of the Session Laws of 1895, and to Re-enact and Amend Section 9 of Chapter 144 of the Session Laws of 1893 in Regard to the Foreclosure of Permanent School Fund Mortgages. Be it Enacted by the Legislature of the State of South Dakota: § 1. That Chapter 162 of the Session Laws of 1895, be, and the same is hereby repealed. § 2. That Section nine (9) of Chapter 144 of the Session Laws of 1893, be, and the same is hereby re-enacted and amended to read as follows: § 9. (a) REMEDIES IN CASE OF DEFAULT.] In case of default in the condition of any mortgage taken by any county pursuant to the provisions of this act by reason of which the right to foreclose the same shall accrue, the county treasurer shall notify the states attorney of such default and the states attorney shall foreclose such mortgage by action in the manner provided by law for the foreclosure of mortgages upon real property. If no other person shall bid the full amount due upon such mortgage upon the foreclosure sale of the same, with the costs and expenses of the foreclosure and sale, the states attorney or county auditor shall bid the land in in the name of the county, and if the same is not redeemed as provided by law, the sheriff's deed shall be made to the said county and the said county shall thereby become the owner of said land; and (b) HOW DEEDED.] That all lands bid in in the name of the state under the provisions of Chapter 162 of the Session Laws of 1895 shall be deeded to the county responsible to the state for the school fund secured by the land so bid in in the name of the state. § 3. REPEAL.] That all laws in conflict with this act are hereby repealed. § 4. EMERGENCY.] Whereas, such mortgage sales may be made prior to the expiration of ninety days after the passage and approval of this act, an emergency is hereby declared to exist; wherefore this act shall take effect and be in force from and after its passage and approval. Approved February 26, 1897. |