Page:Statutes of the state of South Dakota Volume 1.pdf/12

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PREFACE


In the preparation of this work it has not been the purpose to afford a treatise on the statue law of South Dakota. If the many months of arduous labor devoted by the editor to its compilation and annotation result in a satisfactory work of general utility, all expectations will be fully met.

It has been the purpose to give the law of our state: From the compiled laws, 1887; special laws passed prior thereto which have been made general by subsequent acts; the succeeding session laws of 1889, 1890, 1891, 1893, 1895 and 1897, and the constitution of the state and territorial courts either construing or explaining a law or declaring its opinion upon a subject therein contained.

That there are inconsistencies in the laws, and conflicts with the constitution, is apparent. As a compiler, without authority to revise, there was but one rule to be followed with safety - to carry such conflicting and inconsistent laws unless clearly and unquestionably repealed or abrogated.

Owing to the familiarity of the bar already acquired with the compiled laws of 1887, the same arrangement as to titles, chapters, articles and sections has been preserved. Where amended, it carries its section number consecutively, with note of amendment and date thereof. Amendments of subsequent laws have been noted in the same manner. New acts have been inserted under subjects to which they refer, with section chapter and year of the law, and a note giving date at which it became operative. Laws on new subjects have been inserted under titles to which they are allied, with like reference and note, so that each section carries with it its history from the authenticated publisher laws of the state.

Notes have been made from the decisions of the courts, and follow the sections or subjects to which they refer.