any such account; or, fourth: willfully omits or refuses to pay over to this state or its officer or agent authorized by law to receive the same, any money received by him under any duty imposed by law so to pay over the same, is guilty of a felony, and upon conviction thereof shall be punished by a fine not exceeding five thousand dollars and by imprisonment in the penitentiary not exceeding fifteen years." Approved March 5, 1897. CHAPTER 106. [S. B. 85.] SECURING THE SAFETY OF STATE FUNDS. AN ACT to Secure the Safety of Moneys of the State of South Dakota Deposited in Banks. Be it Enacted by the Legislature of the State of South Dakota: § 1. STATE TREASURER DESIGNATE BANKS.] The treasurer of the State of South Dakota may in his discretion, as soon as practicable after the passage of this act and from time to time thereafter designate, by his certificate in writing a sufficient number of banks and banking associations to be depositaries of the public moneys of the State of South Dakota under the provisions of this acu. § 2. DEPOSITARY GIVE BONDS.] Every such depositary shall, before receiving on deposit any moneys belonging to the state, deposit with the auditor of the State of South Dakota bonds of the United States, or bonds or securities of the State of South Dakota, or both, to an amount not less than twentyfive thousand dollars ($25,000) nor less in any case than the amount of moneys of the state to be deposited with such depositary, which bonds and securities shall be held by the said auditor as a special pledge and security for the prompt and full payment of all such public moneys as the treasurer may from time to time deposit with such depositary, as the same shall be required to be paid. § 3. SECURITIES REGISTERED BY STATE AUDITOR.] Such bonds and securities shall be registered by the auditor of said state, in a book to be kept for that purpose and shall be held by him in trust; first, for the use and benefit of the State of South Dakota, as a special security for any and all moneys of the state deposited by the treasurer of the state with such depositary; second, for the use and benefit of the treasurer of said state as his interest may appear, and third, for the use and benefit of such depositaries as their interests may respectively appear. § 4. SECURITIES MAY BE RETURNED.] The whole or any part of the bonds or securities so deposited may be returned by the auditor to the depositors upon the written certificate of the treasurer, that the funds on deposit with such depositary have been reduced by payment upon the same, below the amount of said bonds and securities; Provided, that there shall at all times be kept by the auditor an amount of the said bonds and securities of such depositary equal in their face value to the amount of money of the state, remaining on deposit with such depositary. § 5. DEPOSIT ONLY WITH DEPOSITARIES.] The treasurer of the state shall from time to time deposit all of the moneys belonging to the State of South Dakota, coming to his hands, with such designated depositaries, as have furnished the securities herein provided for, and have otherwise complied with the provisions of this act, so far as the securities thus furnished by said depositaries will cover the same, and he may in his discretion deposit no state moneys elsewhere so long as the designated depositaries furnish the requisite amount of government and state bonds and securities to cover the amount of public moneys in his hands. § 6. MAY SELL SECURITIES.] If at any time any such depositary having such public moneys on deposit shall fail to pay, when due any draft, bill or check of the state treasurer, drawn thereon, then the said treasurer may summarily sell at public sale, all or so much of the said bonds and securities as he may deem necessary or proper to reimburse the state for the moneys so deposited and unpaid, and the costs and expenses of such sale, first giving the same notice thereof as is required in sales of personal property upon execution. Such sale may be at the capital of the State of South Dakota, or in the city or town where the said defaulting depositary is situated, or at any other place within or without the state, upon which the treasurer and said depositary may agree. § 7. LIABILITY OF TREASURER AND BONDSMEN.] Nothing in this act contained shall be held or construed to relieve the treasurer or his bondsmen from any liability on the said treasurer's official bond or reduce the amount thereof or in any way impair the obligations of the same. § 8. STATE AUDITOR TO GIVE SPECIAL BOND.] The Auditor of the state shall give a special bond, running to the State of South Dakota, with sureties to be approved by the governor, in the sum of fifty thousand dollars, conditioned for the safe keeping and due delivery of the bonds and securities thus deposited with him. $ 9. TREASURER MAKE RULES.] The state treasurer is hereby authorized to make from time to time such rules and regulations as may be necessary to carry this act into execution. Approved March 9, 1897. CHAPTER 107. [S. B. 75.] EMBEZZLEMENT BY PUBLIC OFFICERS. AN ACT Amending Section Sixteen Hundred Sixty-five of the Compiled Laws of the State of South Dakota, Being Section One Hundred and Four of Chapter Twenty-Eight of the Political Code Relating to Embezzlement by Public Officers. Be it Enacted by the Legislature of the State of South Dakota: § 1. PENALTY FOR IMPROPER USE OF PUBLIC FUNDS.] That Section 1665 of the Compiled Laws of the State of South Dakota, being Section 104 of Chapter 28 of the Political Code, be amended to read as follows: If any county treasurer, state treasurer, other officer or person charged with the collection, receipt, safe keeping, transfer or disbursements of any portion of the public money or any other funds, property, bonds, securities, assets or effects of any kind, received, controlled or held by him for safe keeping, transfer or disbursement, or in any other way or manner, or for any other purpose, or any part thereof belonging to the State of South Dakota or any county, precinct, district, city, town or school district in this state, shall convert to his own use, or to the use of any other person or persons, body corporate, association or party whatever or in any way whatever, any part or portion of the public money or any other fund, property, bonds, securities, assets or effects of any kind, nature or description received, controlled or held by him for safe keeping, transfer or disbursement, or for any other purpose, belonging to the State of South Dakota, or any county, precinct, district, city, town or school district in this state, or shall use the same by way of investment in any kind of security, stock, loan, property, land or merchandise, or in any manner or form whatever; or shall loan with or without interest to any company or corporation, association or individual, or if any person shall advise, aid, or in any manner knowingly participate in such act, every such act shall be deemed and held in law to be an embezzlement of so much of said money or other securities or property enumerated aforesaid, as shall be thus converted, used, invested, loaned or paid out as aforesaid, and which is hereby declared to be a felony; and upon prosecution, trial by indictment or information and conviction thereof, before any court of competent jurisdiction in this state, such state treasurer, county treasurer or other officer or person, shall be sentenced to imprisonment in the penitentiary of this state at hard labor for a term of not less than one year nor more than twenty-one years, according to the magnitude of the embezzlement, and also to pay a fine equal to double the amount of the money or double the value of the property so embezzled as aforesaid; which fine shall operate as a judgment at law on all the estate of the party so convicted and sentenced, and shall be enforced by execution or other process for the use only of the party or parties whose money or other funds, property, bonds or security, assets or effects of any kind as aforesaid have been so embezzled; and in all cases such fine so operating as a judgment shall only be released or entered as satisfied by the party or parties in interest as aforesaid. Any failure or refusal of any such officer or person to pay over the public money, or any part thereof, or to deliver any other property or effects with which he is charged, whether belonging to the state or city or any county or precinct or school district in this state, or any public money or property whatever, or any failure to account to, or make settlement within a reasonable time after a written notice so to do, with any proper and legal authority, of the official accounts of such officer or person, shall be held and taken as prima facie evidence of such embezzlement. And the refusal of any such officer or person, whether in or out of office, to pay any draft, order or warrant which may be drawn upon him by the proper officer for any public money in his hands, no matter in what capacity the same may have been received, or may be held by him, or any refusal by any person or public officer named in this section to pay over to his successor in office any public moneys or securities promptly on the legal requirement of any authorized officer of the state, city, county, precinct or school district, shall be taken, on the trial of any indictment against such officer or person for embezzlement, as prima facie evidence of such embezzlement and subject to the penalties herein before prescribed. § 2. REPEAL.] All acts or parts of acts in conflict with this act are hereby repealed. § 3. EMERGENCY.] Whereas, there is no adequate law now in force upon this subject, an emergency is hereby declared to exist and this act shall be in force and effect from and after its final passage and approval. Approved March 9, 1897. CHAPTER 108. [S. B. 223.] TO CONSOLIDATE FUNDS. AN ACT to Consolidate the Deficiency Fund, the Fund Created from Receipts of Taxes from Express Companies, Sleeping-car Tax Fund, the Railroad Commission Fund, the Settlement Account with North Dakota Fund, the Taylor Account Fund, with the General Fund of the State, and Providing for the Future Disposal of Moneys Heretofore Accruing to These Several Funds. Be it Enacted by the Legislature of the State of South Dakota: § 1. DUTY OF AUDITOR AND TREASURER.] The auditor and treasurer of the State of South Dakota are hereby authorized to consolidate with the general fund of the state treasury by transferring thereto all moneys now in the treasury belonging to the deficiency fund, the fund created by receipts from taxes from express companies, the railroad commission fund, sleeping-car tax fund, settlement account with North Dakota fund, and the Taylor account fund, and they shall on the last day of each quarter of the fiscal year transfer to the general fund all moneys which may hereafter accrue from the sources herein before mentioned. § 2. REPEAL.] All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved March 9, 1897. PUBLIC OFFICERS. CHAPTER 109. [S. B. 53.] TIME WHEN PUBLIC OFFICERS SHALL QUALIFY. AN ACT Fixing the Time when Public Officers Shall Qualify. § 1. AMENDMENT.] Section ten (10) of Chapter five (5) of the Political Code of Dakota Territory, being Section thirteen hundred eighty (1380) of the Compiled Laws, be amended |