nor more than one hundred dollars ($100) upon conviction thereof. Any registered pharmacist who shall permit the compounding or dispensing of prescriptions or the vending of drugs or poisons in his store or place of business except under the supervision of a registered pharmacist or except by a registered assistant pharmacist as herein provided; or any pharmacist or assistant who, while continuing in business shall fail or neglect to precure his annual registration, or any person who shall willfully make any false representations to procure registration for himself or any other person, shall be deemed guilty of a misdemeanor and punished by a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100) upon conviction thereof. Provided, that nothing in this act shall apply to or in any manner interfere with the business of any physician or prevent him from supplying to his patients such articles as may seem to him proper, and, provided further, that no part of this section shall be so construed as to give the right to any physician to furnish any intoxicating liquors to be used as a beverage on prescription or otherwise. § 2. AMENDMENT.] That Section 12 of the laws of 1893 are hereby amended to read as follows: No person shall sell any poison named in schedule "a" by retail unless the box, bottle, wrapper or cover in which said poison is contained is distinctly labeled with the name of the article, the name and address of the person selling and the word "poison," and no person shall sell any poison named in schedule "b" to any person unknown to the seller, unless introduced by some person known to the seller, and on every sale the seller shall before delivery make entry on a book kept for that purpose stating the date of sale, the name and address of the purchaser, the name and quantity of the article sold, the purpose for which it is required and the name of the person, if any, who introduced them. Any person failing to comply with the requirements of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten dollars ($10) nor more than twenty-five dollars ($25) for every such omission. § 3. EMERGENCY.] That an emergency is hereby declared to exist and therefore this act shall take effect and be in force from and after its passage and approval. Approved March 9, 1897. PUBLIC FUNDS. CHAPTER 104. [H. B. 28.] PROVIDING FOR THE SAFE KEEPING OF PUBLIC FUNDS. AN ACT to Provide for the Safe Keeping of Public Funds in the Hands of County Treasurers and Providing the Penalties for Non-Compliance Therewith. Be it Enacted by the Legislature of the State of South Dakota: § 1. DUTY OF COUNTY TREASURER.] The county treasurer of each and every county in this state shall deposit, and at all times keep on deposit for safe keeping in state, private or national banks doing business in this state and of approved and responsible standing. the amount of money in his hands belonging to the several funds of the county treasurer. Any of such banks may apply for the privilege of keeping such funds, upon the following conditions, and shall state in the application the rate of interest they will pay on such deposits and the amount of money desired. First. All money shall be deposited in the name of the treasurer as county treasurer and for all such deposits he shall take a receipt in duplicate, one to be retained in his office and the other filed forthwith with the county auditor, who shall enter the amount in a book kept for that purpose, and all checks drawn against such deposits shall be credited on the same book by the auditor, before delivery to the treasurer, which book shall be kept in such a manner as to show, at all times, the amount of money on deposit with said bank or bankers. All such deposits shall be subject to payment when demanded by the county treasurer on his check, countersigned by the county auditor, and all banks receiving and holding such deposits as aforesaid shall be required to pay to the county for the privilege of keeping such deposits, interest amounting to not less than two per cent. and not more than four per cent. per annum upon the amount so deposited as hereinafter provided, and subject always to such regulations as are imposed by law, and such rules as may be adopted by the board of county commissioners for holding and receiving such deposits; and the said board of county commissioners shall hold the right to reject any and all applications, provided, that if the board of county commissioners, at any time after having made such designation, for good and sufficient cause, deem the security given insufficient, they may require a new bond; and if in their opinion the public interest requires, they may vacate, revoke or modify their designation of a depository in any way; and may again designate a depository or depositories as above provided. Second. The amount to be paid by any and all banks under the provisions of this act for the privilege of keeping public funds on deposit shall be computed on the daily balance of the public moneys kept on deposit therewith, and shall be paid to the county on the first day of each month for the preceding month, and the amounts and sums paid to the county for the privilege of keeping the same on deposit as aforesaid shall be credited by the auditor and treasurer to the account of the county general fund. § 2. DEPOSITARIES TO GIVE BOND.] For the security of the fund so deposited under the provisions of this act, the board of county commissioners shall require all such depositaries to give bonds with five or more freeholders of the state who own unencumbered real estate therein to an amount in value of at least twice the amount of the bond required as sureties, such sureties not to be stockholders of, or owners of such depositories unless they are satisfied upon full investigation that their responsibility would in no wise be affected by the failure of the. bank or banker in behalf of which said stockholder or owners sign as sureties. Such bond shall be given for the safe keeping and payment of such depositaries and the accretions thereof; and shall run to the county, to be approved by the board of county commissioners, and conditioned that such depostiary will at the end of each and every month render to the county auditor a statement showing the several daily balances of the county held by it during the month and will, on the first day of each month, report to the auditor the amount of the accrued interest credited to the county, and that the said funds, together with the accrued interest, will be paid upon the check of the county treasurer countersigned by the county auditor, upon presentation, which bond shall be filed in the office of the county auditor. § 3. AMOUNT DEPOSITED WITH EACH BANK.] The county treasurer shall not have on deposit at any bank, at any one time, more than one half of the amount of the bond as herein provided, and shall keep the amounts in the several depositories as nearly equal as possible, taking into consideration the maximum amount as fixed upon by the board of county commissioners which he may keep in each bank. Any bank may make application for such part of the public funds as it may desire, but the board of county commissioners shall determine the amount it shall receive, which shall not be greater than the amount applied for nor than one-half the amount of its capital stock. § 4. MUST NOT USE MONEY FOR PROFIT-PENALTY.] The making of profit, directly or indirectly by the county treasurer out of any money in the county treasury, the custody of which the treasury is charged with, by loaning or depositing or otherwise using or depositing the same in any manner, or the removal of the county treasurer or by his consent, of such money or a part thereof out of the vault of the treasurer's department, or the legal depositary of the same, except for the payment of warrants legally drawn or for the purpose of depositing the same in banks elected as depositories under the provisions of this act, shall be deemed guilty of a felony, and upon conviction thereof shall be subject to punishment in the state penitentiary for a term of not more than two years or a fine of not exceeding five thousand dollars ($5,000), and shall also be liable under and upon his official bond for the profits realized by such unlawful using of such funds. § 5. VIOLATION-PENALTY.] If the county treasurer shall willfully fail or refuse at any time to keep the public funds in the depositories as herein provided, or shall fail to do or perform any acts required of him by this act, he shall be guilty of a misdemeanor and subject to indictment therefor, and upon conviction thereof he shall be sentenced to pay a fine of not exceeding five thousand dollars ($5,000). It shall be the duty of the state's attorney to enter and prosecute to final determinations of all suits for the recovery of any penalty arising under the condition of any bond required to be given by this act. § 6. BOND-AMOUNT OF. ] The bond of the county treasurer shall be in such sum as may be fixed by the board of county commissioners, and the county treasurer shall not have more money in his office at any one time than one half the amount of his bond, and it shall be the duty of the county auditor from time to time to examine the daily balance book of the county treasurer for the purpose of ascertaining the amount kept on hand. § 7. TREASURER MAY MAKE REQUISITION ON AUDITOR.] For the matter of convenience in transacting business, it shall be lawful for the county treasurer, when in need of funds for the purpose of paying small warrants without issuing checks, to make a requisition on the county auditor for funds for such purpose for an amount not to exceed five hundred dollars ($500), which shall be drawn on the check of the county treasurer, payable to himself, and countersigned by the county auditor, but no check shall be so countersigned if the auditor has reason to believe that the money is wanted for purposes other than as herein provided. § 8. TREASURER NOT LIABLE-WHEN. No treasurer shall be liable on his bond for money on deposit in any bank as herein provided, if said bank has given bonds and the same have been approved by the board of county commissioners and the amount does not exceed the amount allowed to be kept at such bank. $9. VIOLATION OF AUDITOR-PUNISHMENT.] If the county auditor shall countersign any check in blank or shall countersign any check for any purpose other than in payment of warrants legally drawn, or as provided in Section 7 of this act, he shall be deemed guilty of felony, and upon conviction thereof shall be sentenced to the penitentiary for a term not less than one year nor more than twenty years. § 10. REPEAL.] All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Approved March 1, 1897. CHAPTER 105. AMENDING LAWS RELATING TO EMBEZZLEMENT, ETC. AN ACT to Amend Section 6698 of the Compiled Laws of 1887, Being Section 497 of the Penal Code, Increasing and Providing a Penalty for Embezzlement and Falsifying Accounts by Public Officers. Be it Enacted by the Legislature of the State of South Dakota: § 1. AMENDMENT.] That Section 6698 of the Compiled Laws of 1887, being Section 497 of the Penal Code, be and is hereby amended to read as follows: § 6698. FALSIFYING ACCOUNTS.] Every public officer, and every deputy or clerk of any such officer, and every other person receiving any moneys on behalf of or for account of this state, or of any department of the government of this state, or of any bureau or fund created by law, and in which this state or the people thereof are directly or indirectly interested, who either First: Appropriates to his own use or to the use of any person not entitled thereto without authority of law, any money received by him as such officer, clerk or deputy, or otherwise, on behalf of this state, or the people thereof, or in which they are interested; or, second: knowingly keeps any false account, or makes any false entry or erasure in any account of or relat ing to any moneys so received by him on behalf of the state or the said people, or in which they are interested; or, third: fraudulently alters, falsifies, conceals, destroys or obliterates |