Intoxicating Liquors

1.5

CHAPTER 213.

(S. B. 189)

RELATING TO INTOXICATION IN PUBLIC PLACES

An Act Entitled, An Act Amending Section 10302 of the South Dakota Revised Code of 1919, Relating to Intoxicated Persons in Public Places.

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

Section 1. That Section 10302 of the South Dakota Revised Code of 1919 be amended to read as follows:

Section 10302. Every person found intoxicated in any public place otherwise than as provided in the preceding section shall be punished, upon conviction, by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment. Approved March 12, 1923.

CHAPTER 214.

(S. B. 194)

RELATING TO SEARCH WARRANTS

An Act Entitled, An Act to Amend Sections 10329, 10330 and 10332, and to Repeal Sections 10331 and 10336 of the South Dakota Revised Code of 1919, Relating to Search Warrants for Intoxicating Liquors, and Vessels, Implements and Furniture Used in Connection with the Illegal Manufacture, Use and Traffic in Intoxicating Liquors.

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

Section 1. That Section 10329 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 10329. If any person makes a sworn complaint or affidavit, before any Justice of the Peace, Judge of the Circuit Court, County Judge or any Municipal Judge or Justice, or before any court that he knows or has good reason to believe and does believe, setting forth the grounds of such belief, that intoxicating liquors are manufactured, kept, sold, furnished, given away or used as a beverage in violation of any law of this state at any place in this state and describing the place to be searched, and the article or articles to be searched for or seized, and asking for a search warrant to search the place so described for the articles complained of, such Justice of the Peace, Judge or Court shall if he finds probable cause therefor, issue a search warrant directed to any officer whom the complainant may designate or other qualified

officer having power to serve criminal process, commanding him to search the premises designated in such complaint or affidavit and warrant, and if any such liquor is there found, to seize the same, together with the vessels in which it is contained, and all the glasses, bottles, implements, furniture and fixtures used or kept in such place for the manufacture, keeping, selling, furnishing, giving away or using such intoxicating liquors so seized and make immediate return on such search warrant to the Justice, Judge or Court issuing such warrant. Such liquor, vessels, glasses, bottles, implements, furniture and fixtures, shall be safely kept and held by such officer making the seizure, subject to the order of the Court to be used as evidence in the prosecution of any case for the violation of any law or ordinance relating to intoxicating liquors.

Section 2. That Section 10330 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 10330. When any intoxicating liquors, vessels in which it is contained, glasses, bottles, implements, furniture and fixtures are seized as provided in Section 10329 of this article, the officer serving the warrant and making such seizures shall forthwith file a complaint charging the violation of the law which the evidence in the case justifies. If such officer refuses or neglects to file such complaint, the person filing the application for search warrant or any other person may file such complaint or information, but nothing contained in this article shall prevent any person or officer from filing such complaint before the search warrant is issued or served, and a warrant for the arrest of the person or persons so offending, shall thereupon be issued and the same proceedings shall then be had as provided by law, and all intoxicating liquors, vessels, glasses, bottles, implements, furniture and fixtures seized may be used as evidence at the trial or hearing based upon such complaint and upon any information filed therein, and the possession of such intoxicating liquors, vessels, glasses, bottles, implements and fixtures shall be prima facie evidence of guilt.

Section 3. That Section 10332 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 10332. If the Justice of the Peace, Judge or Court before whom the application for search warrant is made, be satisfied from such application that there is probable cause to believe that grounds for the issuuance of a search warrant exists, he must issue a search warrant, signed by him, with the name of his office, directed to a peace officer of his county or of the state, which warrant shall be substantially in the following form, to-wit:

County of

To

State of South Dakota.
GREETING:

Complaint under oath having this day been presented before the undersigned (giving the name of the Justice, Judge or Court and the name of his office). By.... (naming the person or persons filing the

complaint), charging

(Here describe

the charge set out in the complaint) and praying for the issuance of a search warrant to search

(here describe particularly the place to be searched for the following articles (here describe the

things to be searched for) and it appearing to the undersigned that there is probable cause to believe that grounds for the issuance of such search warrant exists and for the issuance of such search warrant.

YOU ARE THEREFORE COMMANDED forthwith to search (Here describe particularly the place to be searched) for the following articles, to-wit: (Here describe the things to be searched for) and if you find the same or any part thereof, to seize and bring the same forthwith before me to be held and dealt with according to law.

Section 4. That Sections 10331 and 10336 of the South Dakota Revised Code of 1919 be and the same are hereby repealed. Approved March 12, 1923.

Irrigation

CHAPTER 215.

(H. B. 2.)

RELATING TO IRRIGATION DISTRICTS.

AN ACT Entitled, An Act to Amend Sections 8384, 8385, 8386, 8392 and 8395 of Chapter Four of the South Dakota Revised Code of 1919, Relating to Irrigation Districts, and Declaring an Emergency.

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

Section 1. That Section 8384 be amended to read as follows: Section 8384. District-How Formed. A petition shall be filed with the Board of County Commissioners of the County having the greatest acreage within the proposed irrigation district, signed by a majority of the electors of the proposed district, who shall be entrymen upon or shall own a majority of the whole number of acres owned or held by the proposed district, which petition shall set forth and particularly describe the boundaries of the district and shall pray that the same be organized under the provisions of this chapter. The petitioners must accompany the petition with a map of the proposed district, which shall show the location of the proposed canal or the works by means of which it is intended to irrigate the lands of the proposed district, and all canals situated within the boundaries of the proposed district except such canals as merely pass through the lands and do not in fact irrigate any of the same. If the water supply be from a natural stream or streams, the flow of such stream or streams shall be stated in cubic feet per second. If the water supply for the district is to be gathered by a storage reservoir, the map shall show the location of the proposed reservoir and shall give its capacity in acre feet. The map shall be drawn to a scale of two inches to the mile. Cross sections of the proposed canal, and all canals existing within the boundaries of the proposed district and shown on the map, and all proposed dams and embankments, shall be given in sufficient

detail to show the contemplated method of construction, and the capacity shall be given in cubic feet per second of such proposed and such existing canals. Such cross sections shall be drawn to a scale of ten feet to the inch, and such map and cross sections shall be certified by a competent irrigation engineer. The petition must be accompanied with a good and sufficient bond, to be approved by the board of county commissioners, in double the amount of the probable cost of organizing such a district, conditioned that the sureties will pay all costs in case such organization shall not be effected. Such petition shall be published for a least two weeks prior to the date when the same is to be presented, in some newspaper printed and published in the county where the petition is presented, together with a notice stating the date of the meeting at which the same will be presented. A copy of such petition and all maps and other papers filed with the same shall be filed in the office of the state engineer for at least four weeks before the date set for such hearing.

It shall be the duty of the state engineer to examine such petition, maps and other papers and, if he deems it necessary, to further examine the proposed district, the works proposed to be purchased and the location of the works to be constructed, and he shall prepare a report upon the matter in such form as he deems advisable and submit the same to the board of county commissioners at the meeting set for the hearing of such petition; and if the state engineer has been unable to complete his investigation of the feasibility and the practicability of such proposed district by the date of such meeting, he shall so notify the board of county commissioners and it shall postpone consideration of such petition, not exceeding thirty days, to enable the state engineer to report. At the time set for such hearing the board may so amend such plan of irrigation as it may deem advisable; it may adjourn such hearing from time to time, not exceeding four weeks in all, and on the final hearing may make such changes in the proposed boundaries as it may deem proper, and shall establish and define the boundaries so as to exempt from the operation of this chapter any territory within the boundaries of the district proposed by the petitioners, which is not susceptible of irrigation by the same system of works, or a portion thereof applicable to the other lands in such proposed district; nor shall any land which will not, in the judgment of such board, be benefited by irrigation by such system of works or a portion thereof, be included in such district; provided, any person whose lands are susceptible of irrigation from the same source shall, upon application of the owner or entryman to such board, be entitled to have such lands included in such district. Such board shall also make an order dividing the district into three, five or seven divisions, as it may deem proper, which shall be as nearly equal in size as may be practicable and which shall be numbered consecutively.

Such board shall then give notice of an election to be held in such proposed district, for the purpose of determining whether or not the same shall be organized under the provisions of this chapter. Such notice shall describe the boundaries as established and shall designate a name for 'such proposed district, and shall be published for at least three weeks prior to such election in a newspaper in the county; and if any portion of such proposed district lies within another county or counties, such notice. shall be published in a newspaper published within each of such counties. Such notice shall require the electors to cast ballots which contain the words "Irrigation District-Yes", and "Irrigation District-No," or words equivalent thereto. No person shall be entitled to vote at any election held under the provisions of this chapter unless he shall be a qualified elector as herein provided. For the purpose of such election, such

board must establish a convenient number of election precincts in the proposed district and define the boundaries thereof, which precincts may thereafter be changed by the board of directors of such district.

Section 2. That Section 8385 be amended to read as follows:

Section 8385. Election-Notice-Conduct. Such election shall be conducted in accordance with the general election laws of the state. The board of county commissioners shall meet on the second Monday next succeeding such election and proceed to canvass the vote cast thereat; and if upon such canvass it appears that a majority of all the votes cast are "Irrigation District-Yes", the board shall, by an order entered on its minutes, declare such territory duly organized as an irrigation district, under the name and style designated. Such board shall cause a copy of such order, duly certified to be immediately filed for record in the office of the register of deeds of each county in which any portion of such lands is situated, and must also immediately forward a copy thereof to the county auditor of each of the counties in which any portion of the district may lie; and no board of county commissioners of any county including any portion of such district shall, after the date of the organization of such district, permit another district to be formed including any of the lands of such district, without the consent of the board of directors thereof. Such board of county commissioners shall also give thirty days notice, by publication in each of the newspapers published within the district and by posting such notices in five public places within each division, of an election to be held in such district for the purpose of electing officers of the district, naming the offices to be filled, the day and date of election, the several polling places and the election judges. Such election and the canvassing of the returns shall be conducted in accordance with the general election laws of the state for the election of county officers. There shall be elected at such election one director for each division, who shall be a resident of such division, and also a district assessor, district secretary and district treasurer. The officers elected in complicance with this section shall be entitled to enter immediately upon the duties of their respective offices upon qualifying as hereinafter provided, and shall hold their respective offices until the next general election for the irrigation district, when their successors shall be elected. Provided, however, if the majority of the lands within the district are unentered public lands, a majority of the Board of Directors shall be appointed by the Secretary of the Interior, who shall be residents of the state and subject to removal from office and any vacancy filled by said Secretary of the Interior which directors shall hold office until such time that the unentered public lands within the district constitute a minority of the total area, after which a general election shall be called by said Board of Directors, when their successors shall be elected.

Section 3. That Section 8386 be amended to read as follows: Section 8386. Officers-Term-Bond. At the first general election, where the district is divided into three divisions, the member of the board of directors from division one shall be elected for the term of three years; the member from division two shall be elected for two years; the member from division three shall be elected for one year; and where the district is divided into five or seven divisions, the members of the Board from division one and two shall be elected for three years; the members from divisions three and four shall be elected for two years and the remaining members of the Board shall be elected for one year. The district assessor and district treasurer shall be elected for a term of three years. In case of a tie, the election shall be determined by lot. Each