CHAPTER 47. [S. B. 18.] REGULATING SALARIES OF REGISTERS OF DEEDS AND COUNTY AUDITORS. AN ACT to Regulate the Salaries of Register of Deeds and County Auditors. Be it Enacted by the Legislature of the State of South Dakota: $ 1. SALARIES REGULATED.] The salaries of registers of deeds and county auditors shall be regulated by the value of the property in their respective counties, as fixed by the state board of equalization for the preceding year, as follows: They shall be entitled to receive five (5) mills on each dollar of the first one hundred thousand dollars ($100,000); one (1) mill on each dollar of all sums in excess of such last named sum and less than five hundred thousand dollars ($500,000); one quarter (4) of one (1) mill on each dollar of all amounts in excess of said last named sum and less than one million five hundred thousand dollars ($1,500,000); and one twenty-fifth (1-25) of one mill on each dollar of all amounts in excess of said last named sum. Provided, that in counties having an assessed valuation of three hundred thousand dollars ($300,000) or less the salaries of registers of deeds and county auditors shall not exceed four hundred dollars ($400) and such salaries shall not in any county exceed one thousand two hundred dollars, ($1,200) which salaries shall be paid quarterly by warrants on the special salary fund or the county general fund. § 2. DEPUTIES-COMPENSATION OF.] If, in the judg. ment of the board of county commissioners of any county, it shall be deemed necessary for the prompt and accurate dispatch of business in the office of the register of deeds or county auditor that deputies or clerks be employed therein, they shall by resolution fix the number of clerks to be employed and the compensation which they shall receive, which compensation shall be paid monthly from the special salary fund or the county general fund by warrant. Provided, that the officer in whose office such deputies or clerks are to be employed shall have the sole power of appointing the same and removing them at pleasure. Provided further, that the total amount paid to the register of deeds for salary and clerk hire shall not exceed the amount of fees collected by such officer as provided by law. Provided, also, this act shall not affect the salaries of registers of deeds and county auditors elected at the general election held November third, eighteen hundred ninety-six. $ 3. REPEAL.] All acts and parts of acts in conflict with the provisions of this act are hereby repealed. $4. EMERGENCY.] This act shall take effect and be in force from and after its passage and approval. Approved March 9, 1897. CHAPTER 48. [H. B. 90.] REPEALING ACT TO FUND COUNTY INDEBTEDNESS. AN ACT Repealing an Act Entitled, "An Act Authorizing the County Commissioners of Yankton County to Fund the Outstanding Indebtedness of Said County and for Other Purposes." Be it Enacted by the Legislature of the State of South Dakota: § 1. REPEAL.] That an act entitled "an act authorizing the county commissioners of Yankton county to fund the outstanding indebtedness of said county, and for other purposes," approved February 16, 1877, and all acts amendatory thereto, be and the same are hereby repealed. § 2. 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 3, 1897. COUNTY BUILDINGS. CHAPTER 49. [H. B. 180.] PROVIDING FOR ERECTION OF COUNTY BUILDINGS. AN ACT Authorizing and Empowering Organized Counties of South Dakota to Erect County Buildings for Court House and Jail Purposes, and to Issue and Dispose of Bonds to Provide Funds to Pay Therefor, to Provide for the Payment of Principal and Interest of Such Bonds. Be it Enacted by the Legislature of the State of South Dakota: § 1. POWER TO BOND.] That whenever any county of this state having five hundred voters or more shall have been organized for four years or more and the county seat of such county has been permanently located as provided by law, and the building or buildings occupied by such county for court house, office or jail purposes are inadequate to the wants thereof or unsafe by reason of extraordinary risk by fire or otherwise, then such county may issue its bonds for the purpose of purchasing the site therefor, and for the erection of a court house or jail, or both, under the restrictions and according to the provisions of this act. § 2. LIMIT OF ISSUE.] No county shall issue its bonds under the provisions of this act in excess of five per cent of its valuation according to its last assessment thereof, and including all of the outstanding indebtedness of such county at the time of issuing such bonds. § 3. COMMISSIONERS MAY ORDER ELECTION.] Whenever in the judgment of the majority of the board of county commissioners in any county, which comes under the provisions of this act, such county has insufficient or inadequate buildings for its use for court house or jail, or both, such board may order an election for the purpose of determining, by a vote of the electors of such county, or may submit at any general election, the question of issuing its bonds for the purpose of the erection of a court house or jail, or both, as by this act provided, including, if none is provided the purchase of a site for such court house or jail, or both, at the county seat. Such election shall be held in the manner and upon the notice prescribed by law for other elections, and the notice of such election as published, shall state the maximum amount of bonds to be issued, and the purpose for which they are to be issued, and the ballots shall have printed thereon, substantially the same language as is included in the notice of election as aforesaid, and at the foot thereof shall be printed the words: "Shall the above proposition be approved and the bonds issued, with the words "Yes" and "No" printed immediately at the left thereof, each preceded by a square wherein the voter can place a cross opposite the word "Yes" for voting in favor of proposition, or a cross in front of the word "No" for voting against the same; and if a majority of the ballots so cast shall be in favor of the issuance of such bonds, that [then] the county commissioners shall issue and dispose of said bonds as provided by this act, and erect a court house or jail, or both, for the use of such county, according to the provisions of this act. § 4. CONTRACTS.] The board of county commissioners of any county erecting county buildings under the provisions of this act shall have power to purchase ground for site, if neces sary, let contracts for the building and completion of such court house or jail, or both, and the buildings connected therewith, and shall have the entire supervision of its construction; Pro vided, that all contracts connected with the erection of said buildings shall be let to the lowest and best bidder, after the notice of the letting of such contracts shall have been published in at least one of the leading newspapers of such county, and in case there are no newspapers in such county, then in one of the leading newspapers in some adjoining county for at least once. a week for four consecutive weeks, before the letting of said contracts, and the board shall have power to reject any or all bids. § 5. AUDITING.] The county auditor, county treasurer and some qualified elector and freeholder of such county appointed by the board of county commissioners outside of their own number, shall act as a board of auditors to audit accounts of such board of county commissioners in connection with the erection of county buildings, pursuant to the provisions of this act, and said board of auditors shall receive for their services the sum of three dollars ($3) each for every day actually and necessarily employed in such capacity, to be paid upon the warrant of such board of county commissioners. § 6. DENOMINATIONS OF BONDS-FORM.] All bonds issued pursuant to and under the provisions of this act, shall be in denominations of not less than one hundred dollars ($100), and not more than one thousand dollars ($1,000); shall bear the date of their issue; shall be made payable to purchaser or order, and become due in not less than five nor more than twenty years from their date, and shall bear interest at the rate of not exceeding six per cent per annum payable semi-annually with coupons attached for each interest payment. They shall contain an option authorizing the county to pay the same in five years or multiples of five years, from their date, and before the maturity of the same. The bonds and each coupon shall be signed by the chairman of the board of county commissioners and shall be attested by the county auditor. The seal of the county shall be affixed to each bond, but not to the coupons, and said bonds shall each contain a recital in substantially the following words: "Issued in pursuance of an act of the fifth legislature of the state of South Dakota, entitled, "an act authorizing and empowering organized counties of South Dakota to erect county buildings for court house and jail purposes and to issue and dispose of bonds to provide funds to pay therefor, and to provide for the payment of principal and interest of such bonds." Said bonds shall be printed, engraved or lithographed on good bond paper and may be made payable anywhere in the United States and shall be sold by the board of county commissioners at not less than their par value, and the proceeds applied solely to the payment of the indebtedness incurred in the erection of court house or jail, or both, and purchase of site therefor, when no site has previously been procured; said bonds or any of them, shall not be sold until after having been duly advertised at least once a week, for four successive weeks in one of the leading newspapers published at the seat of government of this state, and also shall be published for the same length of time in at least one newspaper of general circulation published in the county issuing such bonds. The proceeds of the sale of said bonds shall be deposited in the treasury of said county to be paid out by the county treasurer of said county on order of said board of county commissioners. The county treasurer of said county shall give an additional bond to said county in double the amount of the bonds so issued and sold, and shall receive as compensation for the receiving and disbursing of all funds arising from the sale of said bonds. one per centum of the par value of said bonds, and the compensation herein provided for shall be in lieu of all other commissions allowed him by law. $ 7. TAX.] The board of county commissioners shall levy each year upon the taxable property of the county a sufficient tax to pay the interest on said bonds as the same accrues and a reasonable time before maturity sufficient tax to provide a sinking fund for the payment of the bonds when they mature. § 8. PAYMENT.] When said bonds and the several coupons thereto attached mature it shall be the duty of the county treasurer to pay the same on presentation and to cancel them when paid. § 9. REGISTRY.] Before the bonds are delivered to the purchaser they shall be presented to the county auditor, who shall register them in a book kept for that purpose and known as "the Bond Register," in which register he shall enter the number of each bond, its date, date of maturity, amount, rate of interest, to whom and where payable. § 10. NEGOTIABLE.] Bonds issued in substantial conformity to this act shall be in law considered negotiable. § 11. FUNDING BONDS.] Any county in this state which has issued warrants or other evidence of indebtedness since January 1, 1895, for the purpose of building a court house or jail, or both, may issue bonds under the provisions of this act to fund such warrants or other evidence of indebtedness, and if such indebtedness was authorized by a majority vote of the qualified electors of such county previous to the incurring of the same, no new election shall be had, and the board of county commissioners of any such county is hereby authorized and empowered when in the judgment of such board it is deemed to the best interests of such county to issue such bonds, and to apply the proceeds solely to the redemption of such warrants or other evidences of indebtedness; Provided, the bonds issued under the provisions of this section shall bear a |