of the state to furnish bonds for the faithful performance of their duties, to make application to the Insurance Commissioner for such bonds, furnishing references and any other facts which the Insurance Commissioner shall require. On receipt of such application and information, the Insurance Commissioner is hereby authorized to procure a surety bond from any foreign or domestic surety company, duly authorized to transact business within the state of South Dakota, and the reasonable cost of premium of the said bond shall be a proper charge against the state. § 2. The Commissioner of Insurance shall, during the month of October in each even-numbered year hereafter, mail written notice to each and every surety company legally authorized to transact business within this State that bids will be received for furnishing all bonds of state officers and deputy state officers to be bonded during the two year period, beginning on the first day of December next following the mailing of such notice, and bids for furnishing such bonds shall be received by said Commissioner at any time before the first day of December next following the mailing of such notice. The surety company bidding the lowest rate of premium shall be awarded such business and shall, during said two year period, furnish such bonds at the premium rate bid, provided that said company may reject any application for bond, and the applicant making such rejected application may, at his own cost, procure a bond to be approved as provided by law; and provided further that the company furnishing bonds under the provisions of this act may re-bond the applicant or applicants therefor in any surety company legally authorized to transact business within this state, and certified copies of any rebonding contracts shall be filed in the office designated by law as the legal depository of the bond of any such applicant. § 3. Should any surety company to which may be awarded the business of furnishing bonds, as herein provided, neglect or refuse to furnish the same, such business shall be awarded to the company making the next lowest bid, for the balance of said two year period, and in case two or more companies shall bid the same rate of premium, which rate shall be the lowest rate bid, the Insurance Commissioner shall be authorized and empowered to divide such business between or among said companies in such manner as to him shall seem just and equitable. 4. The Commissioner of Insurance shall receive no fee. nor compensation, for the performance of his duties herein prescribed, nor any commission in connection with the issuance of any bond furnished under the provisions of this act. § 5. Any county, city, town, township, or school corporation within the State of South Dakota may by resolution of its governing board of officers direct that the bonds of the officers of such corporation be procured by the officer to be bonded from any foreign or domestic surety company authorized to do business in this state, and the reasonable cost of premium of such bond be paid out of the treasury of such county, city, town, township or school district. Approved March 1, 1917. CHAPTER 365. (H. B. 227) PROVIDING FOR A FIXED EXPENSE ALLOWANCE TO CERTAIN OFFICERS. AN ACT Entitled, An Act to Provide For the Payment of Expenses of Secretary of State, State Auditor, State Treasurer, Superintendent of Public Instruction and Commissioner of School and Public Lands While Absent From the Places of Their Legal Residence in the Discharge of Their Duties As Such Officers and To Provide For An Allowance To Such Officers When They Live At Pierre. Be It Enacted by the Legislature of the State of South Dakota: § 1. That whenever a Secretary of State, State Auditor, State Treasurer, Superintendent of Public Instruction or Commissioner of School and Public Lands, whose legal residence shall be at some place other than the State Capital shall have changed his place of actual residence to the Capital, there shall be paid to such officer in consideration of expenses incident to removal to the Capital, the increased expenses of living at a place other than his legal residence, the expenses of traveling to and from such legal residence the fixed sum of fifty dollars for each month payable upon the certified vouchers of such officers filed in the office of the State Auditor. Approved Feb. 19, 1917. State Warrants CHAPTER 366. (H. B. 158) RELATING TO THE ISSUING OF STATE WARRANTS. AN ACT Entitled, An Act to Amend Section 76 of the Revised Political Code of 1903, as Amended by Chapter 189 of the Session Laws of 1909, Relating to the Issuing of State Warrants by the State Auditor. Be It Enacted by the Legislature of the State of South Dakota: § 1. That section 76 of the Revised Political Code of 1903, as amended by Chapter 189 of the Session Laws of 1909, be and the same is hereby amended to read as follows: Section 76. No warrant shall be issued by the state auditor for the payment of any expense or expenses paid out by any officer or employee of the State of South Dakota or of any office, officer or department thereof, until such officer or employee shall present to the State Auditor an itemized statement and account of such expenses duly verified under oath to the effect that the amount or amounts so itemized have been by such officer or employee actually paid out and expended by him in lawful money of the United States; which statement and verification shall be filed in the office of the state auditor, together with receipt or receipts to such officer or employee from the person or persons to whom such payment shall have been made, in all cases where such item exceeds one dollar in amount, which said receipt or receipts shall be presented to and filed with the state auditor before the issuance of any warrant; and the auditor shall require the items in said voucher to be sub-divided to the smallest expenditure in each, and shall refuse to issue a warrant until such sub-division is made; provided that no receipt shall be required for any amount of expenditure not in excess of the amount of one dollar, but the verified statement of the officer or employee as to such amounts shall be sufficient to authorize the issuance of such warrant; provided, further, that no receipt shall be required of the Governor for any amount of expenditure. Provided, further, that no receipt nor itemized statement shall be required in any case where a fixed sum per month is, or has been, granted by law to any officer, or officers, for ex penses. § 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Approved Feb. 28, 1917. Supreme Court CHAPTER 367. (H. B. 26) RELATING TO MONEY JUDGMENTS IN THE SUPREME COURT. AN ACT Entitled, An Act Relating to Judgments For the Payment of Money in Original Actions in the Supreme Court; Providing For Filing and Docketing Such Judgments in the Office of the Clerk of the Circuit Court and the Effect Thereof and the Enforcement of Same as Judgments of the Circuit Court. Be It Enacted by the Legislature of the State of South Dakota: § 1. Whenever, in an original action in the Supreme Court. a judgment either in whole or in part directing the payment of money has been or shall be given and entered, a transcript of such judgment may be filed and docketed in the office of the clerk of the circuit court of any county in the state, and from the time of the docketing of such judgment, the same shall become a judgment of the circuit court of such county, and shall have the same force and effect and shall be a lien upon real property as a judgment of the circuit court rendered and docketed in said county, and may be enforced as a judgment of such circuit court. This act shall not apply to judgments against the state. Approved Feb. 2, 1917. Torrens Land System CHAPTER 368. (S. B. 53) RELATING TO REGISTRATION OF LAND TITLES. AN ACT Entitled An Act Providing for the Registration of Land and the Title Thereto, Known as the Torrens System. Be It Enacted by the Legislature of the State of South Dakota: § 1. Real estate in this state may be registered under the provisions of this act in the manner herein provided. §2. Registered Land Subject to Same Incidents as Unregistered, Except Adverse Possession.] Registered land shall be subject to the same burdens and incidents which attach by law to unregistered land. This chapter shall not operate to relieve registered land or the owners thereof from any rights, duties of obligations incident to or growing out of the marriage relation, or from liability to attachment on mesne process, or levy on execution, or from liability to any lien or charge of any description whatever, created or established by law upon the land or the buildings situated thereon, or the interest of the owner in such land or buildings. It shall not operate to change the laws of descent or the rights of partition between cotenants, or the right to take the land by eminent domain. It shall not operate to relieve such land from liability to be taken or recovered by any assignee or receiver under any provision of law relative thereto, and shall not operate to change or affect any other rights, burdens, liabilities or obligations created by law and applicable to unregistered land except as otherwise expressly provided herein. No title to registered land in derogation of that of the registered owner shall be acquired by prescription or by adverse possession.. § 3. Application, Who May Make.] An application for registration may be made by any of the following persons: First-The person or persons who singly or collectively |