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tion the town clerk therefor, said town clerk of such township shall call an election in the manner prescribed by Section 718, Chapter 10 of the Compiled Laws of the State of South Dakota for holding special town meetings, at which election the question shall be submitted "Shall the civil township organization of.. township be abolished?" "Yes." "No." § 2. ELECTION AND FORM OF BALLOT.] Said election shall be held in the manner and under the regulation provided by law for the holding of elections for the election of civil township officers. All voters at said election in favor of abolishing such township organization shall erase the word "No" from their ballot. All voters at said election who do not favor the abolishing of said township organization shall erase the word "Yes" from their ballot. It is hereby made the duty of the township clerk to provide a sufficient number of printed or written ballots for the proper conduct of said election.

§ 3. REPORT TO COUNTY AUDITOR.] If a majority of the votes cast at said election shall be in favor of abolishing said civil township organization it shall be abolished and shall cease to exist. The clerk of said township shall transmit a statement of such action together with an abstract of the number of votes cast for and against said proposition at said election to the county auditor of said county in which the civil township is located.

§ 4. RECORDS DEPOSITED WITH COUNTY AUDITOR.] Within thirty days after the holding of any election as aforesaid, the officers of said township shall deliver to the auditor of the county in which the township is located all the books, moneys, papers and personal property of whatsoever kind and shall thereupon cease to be such officers. The county auditor shall pay all moneys so received to the county treasurer to be by him disposed of as afterwards provided in this act. The county auditor shall make an inventory of all books, records, papers and personal property so received. The books, papers and records shall become a part of the permanent record of said auditor's office except the dockets of the justices of the peace, which said dockets shall be delivered by the said auditor to the justice of the peace residing nearest to said justices whose of fices are so abolished, and said justices to whom such dockets are so delivered by the auditor shall have full jurisdiction of all cases therein contained, the same as though such cases had been commenced in their own courts. The auditor shall be the custodian of all personal property belonging to said civil township until it is afterwards disposed of as provided in this act.

§ 5. AUDIT LIABILITIES.] At the next session of the board of county commissioners of the county in which any township is located which has voted to abolish its civil township organization, the said board of county commissioners shall audit

the accounts of said township and shall order the payment of its outstanding debts, out of any moneys in the hands of the County treasurer to the credit of said township, and shall dispose of the personal property of such township and shall place the proceeds of such sale in the custody of the county treasurer for the credit of such township. If there be not sufficient money for the payment of all outstanding indebtedness, the board of county commissioners shall levy a tax sufficient for such purpose upon the property situated in such territory, which shall be extended by the county auditor upon the tax levy for the year following such election and shall be collected by the county treasurer and shall be devoted to the extinguishing of the debts of said township in the order of their priority as shown by the records of said township.

§ 6. RE-DISTRICTING.] At the first meeting of the board of county commissioners after any township ceases to be a civil township as provided by this act the said board of county commissioners shall district said territory into road districts and appoint road overseers, as provided by Section 1243 of the Compiled Laws of the State of South Dakota, and all moneys in the hands of the county treasurer to the credit of said township in excess of the amount required to pay the indebtedness of said township shall be paid to such overseer appointed by the board of county commissioners to be by him expended according to the laws governing such office.

7. EXCEPTIONS.] This act shall not apply to townships which have an outstanding bonded indebtedness nor to any township owning real estate property.

§ 8. REPEAL.] All acts and parts of acts in conflict with this act are hereby repealed.

Approved February 24, 1897.

CHAPTER 118.
[H. B. 73.]

DEFINING POWERS OF TOWNSHIP SUPERVISORS.

AN ACT to Define and Limit the Powers of Township Boards of Supervisors, and Boards of Trustees of Incorporated Towns in Regard to the Purchasing of Machinery and Tools.

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

§ 1. LIMIT OF PURCHASE.] That neither the board of supervisors of any civil township, nor the board of trustees of any incorporated town within this state shall have power to

enter into any contract for the purchase of any road grader, or any other machine or tool whatsoever, the purchase price of which exceeds the sum of one hundred dollars ($100), without submitting the same to, and securing the approval of the electors of such township or incorporated town, in the manner which is, or may hereafter be provided by law for submitting questions to the electors of such township or incorporated town. § 2. REPEAL.] All acts and parts of acts in conflict herewith are hereby repealed.

§ 3. EMERGENCY.] There being now no adequate law to protect the interests of the people in this regard, an emergency is hereby declared to exist and this act shall take effect and be in force upon its passage and approval.

Approved March 3, 1897.

UNITED STATES FLAG.

CHAPTER 119.

[S. B. 22.]

TO PREVENT THE DESECRATION OF THE UNITED STATES FLAG.
AN ACT To Prevent the Desecration of the United States Flag.
Be it Enacted by the Legislature of the State of South Dakota:

§ 1. PENALTY FOR DESECRATING.] Any person who shall willfully mutilate, deface, alter or falsify the surface of the United States Flag by affixing or causing to be affixed thereon any label, stamp, advertisement, brand, imprint, portrait, printed or painted, any emblem, mottoes or design, save and except such as may be authorized by the laws of congress and the United States army regulations, and shall expose the same to public view or in any public place, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars nor less than five dollars.

§ 2. ACCEPTED REPRESENTATION.] The words "United States flag" in Section 1 of this act, shall be construed to mean any commonly accepted representation of the United States flag.

§ 3. REPEAL.] All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

Approved February 26, 1897.

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