COMMISSIONER OF PUBLIC PRINTING.] § 22. The Secretary of State shall be ex-officio commissioner of public printing and he shall have general supervision of all state printing, measuring the work and adjusting all accounts with contractors in compliance with law and regulations adopted by him. § 23. DUTIES OF COMMISSIONER OF PUBLIC PRINTING.] It is hereby made the duty of the commissioner of public printing to advertise for bids in at least four newspapers in the State of South Dakota for three issues between the 1st and 25th day of June in each year, giving notice that he will receive bids for the execution of the several classes of state printing and binding for the term of one year from the first day of July following said bids to be opened at the hour and day designated in the notice for bids which time shall be on or before the 30th day of June of that year provided that the commissioner of public printing shalt mail to all parties requesting the same specifications for the several classes of public printing immediately upon receipt of application therefor. § 24. MANNER OF SUBMITTING BIDS.] All bids for printing and binding for this state shall be made on blanks to be furnished by the Secretary of State. Bids for each class shall be enclosed in a separate envelope addressed to the commissioner of printing, stating for which class the proposal is made, and shall be accompanied by a receipt from the state treasurer showing that the bidder or bidders have depos ited with the said state treasurer a certified check pay able to the treasurer of the State of South Dakota as as a guarantee that the bidder will enter into and complete a bond within ten days after the awarding of the contract to him for which deposit is made. The amount of such certified checks shall be for bidders for the first class five hundred dollars, bidders for the second and third classes one thousand dollars, for each class, and for the fourth class, seven hundred and fifty dollars. All such deposits of certified checks shall be made and receipts therefor given at least one day prior to the opening of bids by the Secretary of State. The secretary shall receive bids from any plant in the state established four months prior to the time when said bids are open, and the Secretary of State shall award the contract for the various classes to the bidders bidding the greatest per cent off the maximum rate price allowed by law: He shall award separate contracts for each class of printing and binding described herein, but such contracts shall not be awarded to contractors outside of the State of South Dakota or to any local branch of any outside establishment. Said commissioner may reject any and all bids and re-advertise for proposals but it is made his duty to accept the lowest responsi ble bid consistent with good work and subject to such rules and regulations as he may prescribe in the specification for the several classes of public printing, provided that in letting bids he shall take into consideration the capacity of the bidder to execute the work without delay to the state or the officers having printing done under such contracts. Upon the opening of bids the Secretary of State shall make his awards to the successful bidder and shall require him or them to execute a bond for each class awarded any such contractor in twice the amount for which it is estimated the contract will cost the state and in case any contractor refuse or neglect to file such bond within ten days after being notified by the Secretary of State of the award of any contract to him, the Secretary of State shall notify the State Treasurer to cover into the general fund the amount of the certified check in his hands as security for the completion of such contract and the Secretary of State shall immediately advertise for bids in the same manner as before provided, making the date of opening such bids no later than the 20th of August following. Any bidder not successful in securing an award of a contract for which he has deposited certified checks shall be entitled to receive in return from the State Treasurer his check or checks so deposited upon written order from the Secretary of State. $25. MUST NOT BE A PARTY TO CONTRACT.] The commissioner of public printing is hereby prohibited from becoming a party to any contract for printing for the state directly or indirectly and any violation of this Section shall be deemed a mis demeanor and punishable by a fine of not less than two hundred nor more than five hundred dollars or by imprisonment in the county jail not less than thirty days nor more than one year. § 26. MISCELLANEOUS PROVISIONS.] All reports made by officials or boards to the Governor shall be made in duplicate form and complete for publication unless such officer or board making said report shall have had his or their report for that year printed in which case a printed copy thereof marked “official copy" and filed with the Governor shall be sufficient and the governor need not furnish any further copy to the state printer. § 27. All bonds given for the faithful performance of any contract required by this Act shall have two or more sureties besides the principal signing the same, and each surety shall justify before some officer authorized to administer oaths, as to the amount of his property over and above his debts and liabilities and exclusive of his property in the State of South Dakota not by law exempt from execution, and before approving such bond the Secretary of State shall satisfy himself that the facts therein stated are true. § 28. PENALTY.] The commissioner of printing shall pro vide in the contract for printing of the fourth class a specific amount of penalty to be applied each day for failure on the part of the contractor to deliver the session laws bound as required herein after the expiration of ninety days from the date of adjournment of each session of the legislature. Said penalty shall be in an amount of a fixed sum for each volume so delayed, and for each day so delayed and all such fines or penalties shall be applied by the commissioner of printing according to the contract for such class and the amount of such fine or penalty shall be deducted in the voucher for payment for work done under such contract and the State auditor shall draw no warrant for any amount deducted by the commissioner of printing in any voucher certified by said commissioner of printing. § 29. COMMISSIONER TO SUBMIT ESTIMATE OF COST TO THE LEGISLATURE.] On the assembling of the legislature at any regular session thereof or as soon thereafter as possible the commissioner of public printing shall submit to that body an estimate of the probable cost of the printing and binding for the state for the ensuing two years which sum shall include the expense of distributing public documents, session laws, legislative journals, supreme court reports and any other documents ordered printed by the legislature. § 30. REPEAL.] All Acts and parts of Acts in conflict with this Act are hereby repealed. Approved March 9, 1901. REAL PROPERTY. CHAPTER 182. [H. B. 94.] PROVIDING FOR THE DISPOSAL OF REAL PROPERTY HELD BY THE STATE. An Act Providing for the Disposal of Real Property Held by the Different Counties of This State, the Title to Which has been or May Hereafter be Obtained by Tax Deed or by Foreclosure of Mortgage Thereon or Otherwise and Granting to the County Commissioners the Powers Necessary to Carry into Effect the Purposes of this Act. Be it Enacted by the Legislature of the State of South Dakota: § 1. Real property which is now held or may hereafter be held by any county in this state, the title to which has been or may hereafter be obtained by such county by tax deed or by foreclosure of any mortgage thereon, or from any other source excepting any property owned and held for public use may be sold and conveyed as in this act provided; and the county commissioners of the several counties are hereby empowered to sell and convey such real property, belonging to their respective counties in the manner and upon the terms hereinafter provided. COUNTY COMMISSIONERS TO SELL REAL PROPERTY-WHEN] § 2. Whenever the board of county commissioners deems it advisable or whenever a petition of ten legal voters of any county is presented to the board of county commissioners of such county, asking that certain real property therein described, belonging to the county, and title to which has been obtained by the said county by tax deed, or by foreclosure of any mortgage thereon, or from any other source, be offered for sale, it shall be the duty of the commissioners to consider such petition, and if, in the opinion of the majority of the commissioners, it is to the best interest of the county to sell such real property, the board of county commissioners shall direct that such real property be offered for sale in accordance with the provisions of this Act; Provided, that before any real property is so offered for sale, the board of county commissioners shall first cause the same to be appraised by a board of appraisers, which said board of appraisers shall consist of the superintendent of schools of said county, the county treasurer and the county auditor, and no sale shall be made for a less sum than the amount of such appraise ment. SALES TO BE MADE AT PUBLIC AUCTION. $ 3. All sales herein provided for shall be made at public auction to the highest bidder at the front door of the court house, in the county where the same is situated, between the hours of 10 o'clock a. m. and 4 o'clock p. m., except that in counties where there is no court house the sales shall be made at the front door of the building in which is situated the room occupied by the county treasurer of said county as an office. All sales shall be made under the direction of the county auditor where the property to be sold is situated, and the said county auditor shall give notice of such sale or sales by causing a notice thereof to be published in each of the county newspapers in his county which have been designated by the board of county commissioners of the said county as official newspapers of said county, which notice shall be published at least once a week for a period of three weeks before the day of sale, and shall contain a description of the real property to be sold and the time, place and terms of sale. HOW PAID FOR $ 4. The purchaser of any such property shall pay onefourth of the purchase money in cash and the remainder in five equal annual installments, with interest thereon at the rate of six per centum per annum, payable annually. Provided, that the purchaser may, at his option, pay all the purchase money in cash. PURCHASER TO DEPOSIT WITH TREASURER. 5. Immediately upon the acceptance of any bid, the purchaser shall deposit the amount of the cash payment therefor with the county treasurer, taking his receipt therefor, a copy of which receipt shall be retained in the office of the treasurer. DUTY OF COUNTY AUDITOR AND COMMISSIONERS. § 6. At the first meeting of the board of county commissioners after such sale has been made, the county auditor shall report the same to said board, together with all his proceedings therein. If the sale be approved by the board of county commissioners, the said commissioners shall direct that a deed of conveyance |