If, pursuant to § 40-36-18, the county auditor determines that a bounty should not be paid on any skin, he shall issue and deliver to such claimant a certificate to that effect, and in such event the claimant must within ten days commence an action in a court of competent jurisdiction or be forever barred from asserting any right to a bounty on such skin. Any such skin shall be retained for such period and such further period as the court may direct for use as evidence. The costs of such action, including the expense of retaining such skin, shall be assessed against the claimant or the state as the court may direct. If an appeal is not taken, such auditor shall return such skin, after it is appropriately identified, to such claimant following the elapse of the time for appeal.

Terms Used In South Dakota Codified Laws 40-36-20

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2.

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