article, any real estate owned by any Railroad Company and used for depots, warehouses, elevators, stock yards, roundhouses, or dwelling houses and any real estate not owned by a railroad company which shall not be listed on the city assessor's books for taxes for general city and town purposes, may, by order of the governing body, be listed and valued by the assessor as hereafter provided for the purposes of this assessment; and the same, excepting property of the United States, shall be included in said estimate for special assessment; the assessor shall make a list of such real estate owned by any Railroad Company and used for purposes aforesaid, and such nonlisted property with the valuation of each piece or parcel thereof as aforesaid and file same in the office of the City Auditor or Town Clerk of said municipality and thereupon the governing body shall fix a time and place for the equalization of the valuation of such nonlisted property and the city auditor or town clerk shall cause a notice thereof to be published in one issue of a newspaper published in said municipality at least thirty days before such hearing and if any property owned by any railroad company is included in said list filed as aforesaid, the said auditor or clerk shall send a copy of said notice to be published, to the State Tax Commission, by registered mail together with a statement in duplicate showing name of railroad company and the description of property so listed within three days after publication of said notice and the said Tax Commission shall forthwith give the said railroad company notice of said hearing, and at such hearing the governing body shall proceed to equalize such valuation, and the valuation as so equalized shall be used in making such special assessment.

4. A full description, together with the owner's name and the number of feet of frontage of each lot, part of lot and parcel of land within the sewer district fronting or abutting upon the street or streets, alley or alleys, in which such main or trunk sewer is to be constructed or abutting on such sewer where the same is not laid in any street or alley.

5. An estimate of the cost of the construction of a sewer along the same course as that in which such main or trunk sewer is to be constructed of sufficient size and depth to provide sewerage for the abutting property if it were not to be used as a main or trunk sewer, and of construction suitable for the connection of service sewers in such district for the total distance which such main or trunk sewer is to be constructed within such district and the amount it would be necessary to assess upon each lot, part of lot, and parcel of land fronting or abutting upon the street or alley in which such sewer is to be constructed, or abutting on such sewer where the same is not laid in any street or alley, to construct such sewer, determining such amount by dividing the total cost of such improvement by the number of feet fronting or abutting upon such street or streets, alley or alleys, and the quotient shall be the amount assessed per front foot upon the property fronting or abutting thereon.

6. The amount which will be required to construct such main or trunk sewer in addition to the amount to be assessed against the lots, parts of lots, and parcels of land fronting or abutting upon the street in which such main or trunk sewer is to be constructed, or fronting or abutting upon such main or trunk sewer where the same is not laid in any street or alley, which shall be determined by deducting the total amount so assessed against the abutting property from the total costs of the construction of such main or trunk sewer, which amount so remain

ing shall be apportioned to each lot, part of lot, and parcel of land within such sewer district according to the assessed valuation thereon, exclusive of improvements.

Approved March 12, 1921.

CHAPTER 318.

(H. B. 177)

RELATING TO SPECIAL ASSESSMENTS.

AN ACT Entitled, An Act Amending Section 6396 of the South Dakota Revised Code of 1919, Relating to Assessment Roll.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 6396 of the South Dakota Revised Code of 1919 be amended to read as follows:

Section 6369. Assessment Roll.]

Assessment Roll.] At any time after the execution of any contract for any local improvement for which special assessments are to be levied, and not later than the completion and acceptance of work called for in said contract the governing body shall cause to be made and filed in the office of the city auditor or town clerk an assessment roll, showing:

1. The name of the owner of each piece or parcel of land to be assessed as shown by the assessment roll of the city or town assessor.

2. A description by lot, block and addition or by metes and bounds of each piece or parcel of land to be assessed.

3. The amount in dollars and cents of the assessment against each piece or parcel of land assessed.

Approved March 12, 1921.

CHAPTER 319.

(H. B. 183)

RELATING TO SPECIAL ASSESSMENT BONDS.

AN ACT Entitled, An Act to Amend Section 6409 of the South Dakota Revised Code of 1919, Relating to the Issuance of Bonds by Municipal Corporation.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 6409 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 6409. Bonds Issued in Lieu of Assessment Certificates.] Whenever any special assessment is divided into installments, the governing body of the municipal corporation, in place of issuing assessment certificates as provided in Section 6404, may by ordinance provide for the issuance of its negotiable bonds without a vote of the electors in an amount equal to the entire assessment and sell the same at not less than par with accrued interest, to pay the cost of the improvement; all such

bonds shall mature not later than the maturity of the last assessment installment and bear such rate of interest; not exceeding six per cent per annum, payable annually or semi-annually, as the governing body may provide; and all amounts derived from the special assessment shall be used for the payment of such bonds and interest, and for no other purpose.

Approved March 12, 1921.

CHAPTER 320.

(S. B. 256)

RELATING TO SPECIAL ASSESSMENT CERTIFICATES.

AN ACT Entitled, An Act to Amend Section 6404 of the South Dakota Revised Code of 1919 as Amended by Chapter 269 of the Session Laws of 1919, Relating to Special Assessment Certificates.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 6404 of the South Dakota Revised Code of 1919, as amended by Chapter 269 of the session laws of 1919, be and the same is hereby amended to read as follows:

Section 6404. Special Assessment Certificates.] Whenever the contract price of any local improvement is payable in assessment certificates, the city auditor or town clerk shall make a special assessment certificate for each lot, tract or parcel or land against which the assessment is levied, stating in such certificate the amount thereof, the description of the lot, tract or parcel, the rate of interest which shall be payable annually, at the maturity of each installment thereof on the whole sum then remaining unpaid, and the date upon which interest thereon shall begin to accrue, which certificate shall bear the same consecutive number as the item of assessment for which the same is issued, as shown on the special tax book, and shall be signed by the Mayor or President of the Board of Trustees, shall be countersigned by the City Auditor or Town Clerk, and shall have the corporate seal of the Municipal Corporation affixed thereto.

Approved March 12, 1921.

CHAPTER 321.

(H. B. 159)

RELATING TO VACANCY IN OFFICE OF ALDERMAN.

AN ACT Entitled, An Act to Amend Section 6218 of the Revised Code of 1919, Relating to Vacancy in the Office of Alderman.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 6218 of the Revised Code of 1919 be amended to read as follows:

Section 6218. If any vacancy shall occur in the office of Alderman by death, resignation, removal, or otherwise, such vacancy shall be filled by the City Council, by appointment, until the next regular election, of some qualified person from the ward in which such vacancy exists.

Approved February 25, 1921.

Municipal Courts

CHAPTER 322.

(H. B. 204)

RELATING TO GARNISHMENT.

AN ACT Entitled, An Act to Amend Sections 2242 and 2248 of the South Dakota Revised Code of 1919, Relating to Summons, Notices and Garnishee Summons in Municipal Courts.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 2242 of the South Dakota Revised Code of 1919 is hereby amended to read as follows:

Section 2242. Summons and Garnishee Summons-Service.] The Summons shall require the Defendant to serve a copy of his answer within ten days after the service of the summons, exclusive of the day of service, except in cases of forcible entry and detainer, or detainer only, in which the time shall be four days. The Summons shall be served as summonses are served in the Circuit Court; provided that when the action is brought upon a joint contract, obligation or liability of two or more persons, who at the time of the issuing of the summons, or during the pendency of the action are in different counties, and the summons has been served on a Defendant within the county wherein the action is brought, it may be served on any defendant outside of said county; but in an action upon a promissory note, the defendant served within the County where the action is brought must have been a party to the note when first delivered.

The Garnishee Summons shall be substantially in the form provided in Section 2455 of the South Dakota Revised Code of 1919, except that the garnishee defendant shall be reqiured to answer and make disclosure thereunder within ten days after the service thereof instead of thirty as provided therein.

Section 2. That Section 2248 of the South Dakota Revised Code of 1919 is hereby amended to read as follows:

Section 2248. Notices.] Except as to sales under executions and as otherwise specially provided, the time within which pleadings may be served and other acts performed shall be one-half of the time required in the circuit court, but in no case less than five days. And except that in garnishment actions in Municipal Courts the time in which the several acts shall be done as provided by Sections 2456, 2460, 2461, 2464 and 2466 shall be ten days instead of thirty days as therein provided. Executions shall be returnable within thirty days from the date of issue, and may be twice extended by the clerk for periods of thirty days each. The period for the publication of summons shall be two successive weeks.

Approved February 25, 1921.

Negotiable Instruments

CHAPTER 323.

(H. B. 140)

RELATING TO NOTES GIVEN FOR MEDICAL TREATMENT.

AN ACT Entitled, An Act to Repeal Sections 1902 and 1903 of the Revised Code of 1919, Relating to Notes Given for Medical Treatment and For Medicine.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Sections 1902 and 1903 of the Revised Code of 1919 be and the same are hereby repealed. Approved February 16, 1921.

Normal Schools

CHAPTER 324.

(S. B. 152)

RELATING TO NAMES OF NORMAL SCHOOLS.

AN ACT Entitled, An Act to Amend Section 5610 of the South Dakota Revised Code of 1919, Relating to Name and Location of State Normal Schools.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 5610, of the Revised Code of 1919, be and the same is hereby amended to read as follows:

Section 5610. Location, Name, Control.] The normal School, as established and located at Madison in Lake County, the Normal School, as established and located at Spearfish, in Lawrence County, and the normal school, as established and located at Springfield, in Bon Homme County, shall continue to be the normal schools of the state, to be known as the "Eastern South Dakota State Normal School," the "Spearfish Normal School" and the "Southern State Normal School," respectively, the control of which is vested in the board of regents.

Approved March 12, 1921.