17-2-25. Publication affidavits validated despite failure to recite statutory authority for execution.
Any affidavit of the publication of a notice or of any other legal or official matter which has been filed or recorded prior to July 1, 1949, in any action or proceeding or in the office of any register of deeds which does not show upon its face that it was executed by a person authorized by statute to make such affidavit of publication but from which it shall appear that the person making such affidavit knew the facts relative to such publication at the time such affidavit was made and affirmatively states that it was so made is hereby legalized and validated and said affidavit of publication and the record thereof shall have in all respects the same force and effect as though it did show upon its face that such affidavit was executed by a person authorized by statute to make such affidavit of publication.
Source: SL 1949, ch 445, §2; SDC Supp 1960, §65.0305-1 (2).
Structure South Dakota Codified Laws
Title 17 - Notice and Publication
Chapter 02 - Legal Newspapers and Publication of Notice
Section 17-2-2.2 - Price and circulation requirements.
Section 17-2-2.3 - Content requirements.
Section 17-2-2.4 - Office and mailing permit requirements.
Section 17-2-3 - Status as legal newspaper unaffected by consolidation.
Section 17-2-10 - Publication in adjoining county if no legal newspaper published in county.
Section 17-2-16 - Designation of newspaper in which execution notice published.
Section 17-2-17 - Day on which weekly publication made--Interval between publications.
Section 17-2-18 - Weekly publication constituting publication for stated number of days.
Section 17-2-18.2 - Type size required for legal publication.
Section 17-2-19 - Legal publication fees not otherwise prescribed--Review and adjustment.
Section 17-2-20 - Fees chargeable for second and subsequent publications.
Section 17-2-22.1 - Affidavit of printer or publisher admissible in evidence--Prima facie evidence.
Section 17-2-23 - Publication affidavits validated despite discrepancy in name of newspaper.
Section 17-2-26 - Vested rights protected against validating provisions.
Section 17-2-27 - Publication affidavits validated without additional affidavit as to fees.