year in counties having a population of less than fifteen thousand and containing more than forty government townships and not to exceed sixty government townships; that no County Commissioner shall receive more than Five Hundred Dollars ($500.00) as per diem nor more than Four Hundred Dollars ($400.00) as mileage during any one year in counties having a population of less than fifteen thousand and containing more than sixty government townships.

§ 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved March 10, 1917.

CHAPTER 188.

(H. B. 322)

RELATING TO SALARIES OF CERTAIN OFFICERS.

AN ACT Entitled, An Act to Establish the Salary of the County Auditor, County Clerk of Courts, County Superintendents of Schools and Registers of Deeds and Providing for a Method of Computing the Same.

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

§ 1. The annual salaries of the County Auditors, the County Clerks of Court, the County Superintendents of Schools and the Registers of Deeds of the various counties of the state of South Dakota, shall be regulated and fixed by the assessed valuation and by the population of their respective counties. The valuations to be as equalized by the State Tax Commission for the preceding year and the population as determined under the provisions of Chapter 131 of the Session Laws of 1915.

§ 2. Said officers shall be paid upon the first Five Million Dollars in valuation or fraction thereof, the sum of Five Hundred Dollars ($500.00) and for each additional million dollars in valuation or major fraction thereof, the additional sum of Fifty Dollars ($50.00) up to a valuation of Ten Million Dollars. Thereafter upon each additional million dollars ($1,000,000) in valuation or major fraction thereof, the sum of ($25.00) twenty-five dollars up to fifteen million dollars ($15,000,000). Thereafter upon each additional million dollars ($1,000,000) in valuation or major fraction, the sum of fifteen dollars ($15.00) up to twenty million dollars ($20,000,000). Thereafter upon each additional million dollars ($1,000,000) in valuation or major fraction the

sum of ten dollars ($10.00) up to thirty-five million dollars ($35,000.000). Thereafter for each additional million dollars ($1,000,000) or major fraction in valuation the sum of five dollars ($5.00). "In addition to the compensation so computed upon the valuation the auditor shall be paid, upon the first five thousand of population at the rate of one hundred dollars ($100.00) per thousand, or major fraction. Thereafter upon each additional one thousand or major fraction the sum of thirty-five dollars ($35.00) up to eight thousand population. Thereafter upon each additional one thousand the sum of ten dollars ($10.00) up to twelve thousand population. Thereafter upon each additional thousand or major fraction of population the sum of five dollars ($5.00). The clerks of courts, the county superintendents of schools and the registers of deeds, in addition to the compensation so computed on the valuation, shall be paid, upon the first three thousand of population at the rate of One Hundred Dollars ($100.00) per thousand of population. Thereafter upon each additional one thousand of population up to five thousand Fifty Dollars ($50.00) per thousand of population. For each additional one thousand of population up to eight thousand Twentyfive Dollars ($25.00) per thousand of population, and for each additional one thousand of population thereafter Five Dollars ($5.00) per thousand of population. Provided, that any of the said officers who are now allowed mileage for actual and neeessary travel in connection with the duties of their respective offices shall continue to be allowed such mileage in addition to the compensation herein provided; provided that in no county shall the salary of any county official be lowered by the provisions of this section, below the compensation provided by law at the time of the passage and approval of this act. Provided, that the County Superintendent of Schools may receive for traveling expenses in addition to the amount now allowed by law $200.00. Such traveling expenses to be paid as provided by Section 29 of Chapter 179 of the Session Laws of 1915.

§3. The salaries as based on the above figures are to be paid in monthly warrants, drawn upon the general or special salary fund as the case may be.

§ 4. In no county shall any County Treasurer, County Auditor or Register of Deeds be paid less than $1,200.00 per annum, no Superintendent of Schools less than $900.00 per annum or any Clerk of Courts less than $750.00 per annum, and in no county shall any of them be paid more than two thousand dollars ($2,000.00) per annum except that in counties having a population of forty thousand or over the clerk of courts shall receive a salary of Two Thousand Five Hundred ($2,500.00) per

annum, provided that the counties containing sixty or more congressional townships, the County Treasurer and County Auditor shall each be paid a salary of not less than eighteen hundred dollars ($1,800.00) per annum.

§ 5. The Clerk of Courts and Register of Deeds shall turn over all fees collected by their respective offices to the County Treasurer, to be placed in the special salary fund.

§ 6. Nothing herein contained shall be construed as a repeal of Chapter 259 of the Session Laws of 1909, relating to paying for services rendered by a Register of Deeds in maintaining records for unorganized counties.

§ 7. The Board of County Commissioners may, when in their judgment it shall be necessary, authorize the County Treasurer, County Auditor, Clerk of Courts and Register of Ded's. and in the counties having more than seventy-five schools, the County Superintendent of Schools to appoint deputies and clerks in their respective offices. During such time and at such salary or compensation as said board of County Commissioners may determine.

§ 8. All acts or parts of acts in conflict with this act are hereby repealed.

Approved March 9, 1917.

CHAPTER 189.

(S. B. 191)

RELATING TO SALARY OF COUNTY TREASURER.

AN ACT Entitled, An Act Relating to Salaries of County Treasurers, Amending Sections 879, 880 and 883, and Repealing Section 881 of the Revised Political Code of 1903, and Legalizing and Validating the Payment of Salaries Heretofore Made to County Treasurers.

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

§ 1. That Section 879 of the Revised, Political of 1903 be and the same is hereby amended to read as follows:

Section 879. Salary.] The county treasurer of each county shall receive a salary of one thousand, five hundred dollars per annum, as hereinafter provided, to be paid monthly from the Special Salary Fund by warrant, which fund shall be liable during the year only to salary warrants, and at the end of the year any surplus shall be covered into the treasury and placed

to the credit of the General Fund. Provided, that in counties. having a population of more than fifteen thousand inhabitants, the salary of said office shall be Two Thousand Dollars per annum and no more. Provided further that in a county where the population is less than 2000 the County Treasurer shall receive a salary of $1000.

§ 2.

That Section 880 of the Revised Political Code of 1903 be and the same is hereby amended to read as follows:

Section 880. Fees-How Disposed of.] The county treasurer of each county shall keep a book, to be provided by the county and which shall be a part of the public records of his office, in which shall be entered each item of fees for service. rendered, and shall, within ten days after the close of each calendar month and also at the end of his term of office, file with the county auditor a statement under oath showing the fees which he has received as such officer since the date of his last report, or the beginning of his term of office, and also within. said ten days deposit with the county treasurer the total sum of such funds, which sum so deposited shall be placed to the credit of the Special Salary Fund.

§ 3. That Section 881 of the Revised Political Code of 1903 be and the same is hereby repealed.

§ 4. That Section 883 of the Revised Political Code of 1903 be and the same is hereby amended to read as follows:

Section 883. Deputies] If in the judgment 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 county treasurer 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 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 of removing them at pleasure; provided further, that any officer, who shall receive and appropriate to his own use and benefit any part of the salary allowed any clerk employed under the provisions of this section shall be deemed guilty of a misdemeanor.

§ 5. Legalizing and Validating Payment.] That the receiving of a salary of one thousand five hundred dollars or less by all county treasurers in counties of this state with a population of fifteen thousand inhabitants or less, in lieu of fees paid into the treasury, and the receiving of a salary of two thousand dollars or less by county treasurers in counties having a population of more than fifteen thousand inhabitants, is hereby legal

ized and declared validated, together with all county warrants heretofore issued or to be issued in payment of such salaries.

§ 6. 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 12, 1917.

CHAPTER 190.

(H. B. 423)

RELATING TO COMPENSATION OF SHERIFFS AND DEPUTIES.

AN ACT Entitled, An Act Relating to the Compensation of Sheriffs and Their Deputies and Requiring the Sheriff to Turn Over to the County all Fees in Excess of the Amount Prescribed by This Act.

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

§ 1. That out of the fees so collected by the sheriff as provided by law the sheriff shall pay all necessary deputies that may be appointed by him and out of said fees shall also be allowed to reimburse himself for the amount of any judgment rendered against him as sheriff by reason of any official duties performed by him and likewise for any just claim against him as sheriff which may be paid by him by authority from the Board of County Commissioners. After deducting the amount of salaries so allowed to deputies and the amount of any such judgments and claims so approved by the Board of County Commissioners as aforesaid, he shall be entitled to retain as and for his own compensation the total net amount of said fees; provided, however, that in no county shall the sheriff be entitled to retain as and for his own compensation out of said fees a greater sum than three thousand dollars ($3,000.00) a year. At the end of each year the sheriff shall render a full and true report to the county of all fees received by his office, the amount of salaries paid, to deputies, the amount of judgments rendered against him as sheriff, the amount of different claims against him as sheriff which after approval by the Board of County Commissioners, have been paid by him, also showing statement of any other liability which may be presented against him as sheriff. The Board of County Commissioners shall at their first meeting thereafter audit and pass upon said report and correct and ap