CHAPTER 104. [S. B. No. 234-Hamilton.] DAIRY PRODUCTS. An Act to Amend and Re-enact Section 2846 of the Compiled Laws of 1913, Relating to License Covering Dairy Products. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. Section 2846 of the Compiled Laws of 1913 is hereby amended and re-enacted so as to read as follows: § 2846. AMENDMENT. ANNUAL REPORT OF CREAM STATION. PRICE DISCRIMINATION FORBIDDEN.] The agent or person in charge of any cream station at which cream is purchased for shipment out of the state, shall on July first of each year or within thirty days. thereafter report to the dairy commissioner the name, location and business of his employer, amount of capital stock invested in business, property or assets, liabilities and such other information pertaining to the business and conduct of the cream station of which such agent has charge, as shall be requested in writing by the dairy commissioner. Any person, partnership, firm, corporation or association engaged in the business of buying milk, cream or butterfat, for the purpose of manufacture who shall, with the intention of creating a monopoly or destroying the business of a competitor, discriminate between different sections, localities, communities or cities of this state, by purchasing such commodity at a higher price or rate in one locality than is paid for same commodity by said person, partnership, firm, corporation or association in another locality after making due allowance for the difference, if any, in the actual cost of transportation from the locality of purchase to the locality of manufacture, shall be deemed guilty of unfair discrimination and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00) or thirty (30) days' imprisonment in the county jail, or both, for conviction of first offense and not less than two hundred dollars ($200.00), or ninety (90) days' imprisonment in the county jail, or both, for each additional offense. § 2. EMERGENCY. Whereas it is necessary for the preservation of the public peace, health and safety, that this act take effect and be in force immediately after its passage by reason of the necessity of properly and duly enforcing the laws on the statute books concerning dairy products and for the due administration of the duties of the dairy commissioner, therefore, this Act shall take effect and be in force immediately after its passage and approval by the governor. Approved March 9, 1917. CHAPTER 105. [S. B. No. 235-Hamilton.] LICENSE-DAIRY PRODUCTS. An Act to Amend and Re-enact Section 2844 of the Compiled Laws of 1913, Relating to License Covering Dairy Products. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. Section 2844 of the Compiled Laws of 1913 is hereby amended and re-enacted so as to read as follows: § 2844. LICENSE.] Every person, firm or corporation owning or operating a creamery, cheese factory, renovating or process butter factory, or cream station in this state, shall be required before beginning business, or within thirty days thereafter, to obtain from the dairy commissioner a license for each and every creamery, cheese factory, renovating or process butter factory or cream station owned or operated by said person, firm or corporation, which shall be good for one year. The fee for such license shall be ten dollars, and no license shall be transferrable. Each license shall record the name of the person, firm or corporation owning or operating the creamery, cheese factory, renovating or process butter factory, or cream station license, its place of business, the location thereof, the name of the manager thereof and the number of the same. Each license so issued shall constitute a license to the manager or agent of the place of business named therein. It shall be the duty of every person, partnership, firm or corporation, or association holding a license to operate in any plant which dairy products are handled commercially, to post in a conspicuous place such license under which they are operating, together with a summary of the dairy laws which shall be prepared and sent out from the office of the dairy commissioner. The dairy commissioner may withhold a license from any applicant who has previously violated or refused to comply with any of the existing dairy laws or lawful requests issued by said dairy commissioner, or his authorized assistants. The dairy commissioner, may, at any time, revoke a license on evidence that licensee has violated any of the existing dairy statutes, or has refused to comply with all lawful requests of the dairy commissioner or his authorized agents. § 3. EMERGENCY.] Whereas, it is necessary for the perservation of the public peace, health and safety, that this act take effect and be in force immediately after its passage by reason of the necessity of properly and duly enforcing the laws now on the statute books concerning dairy products and for the due administration of the duties of the dairy commissioner; therefore, this act shall take effect and be in force immediately after its passage and approval by the governor. Approved March 10, 1917. DEATH CHAPTER 106. [S. B. No. 80-McGray.] ACTION FOR DEATH BY UNLAWFUL ACT. An Act to Amend and Re-enact Section 8323 of the Compiled Laws of North Dakota for the year 1913, Relating to who may bring action for death by unlawful Act. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. AMENDMENT.] That Section 8323 of the Compiled Laws of North Dakota for the year 1913 is hereby amended and reenacted so as to read as follows: § 8323. WHO MAY BRING ACTION.] The action shall be brought by the following persons in order named: 1. The surviving husband or wife, if any. 2. The surviving children, if any. 3. The surviving mother or father. 4. The personal representative. If any person entitled to bring the action refuses or neglects so to do for a period of thirty days after demand of the person next in order, such person may bring the same. Approved, March 1, 1917. DEEDS AND MORTGAGES CHAPTER 107. [H. B. No. 259-Hoghaug.] LEGALIZE EXECUTION AND ACKNOWLEDGMENT OF CERTAIN An Act to Legalize the Execution and Acknowledgment of Certain Deeds, § 1. EXECUTION, ACKNOWLEDGMENT, FILING AND RECORDING LEGALIZED.] The execution, acknowledgment, filing and recording of all deeds, mortgages and other instruments in writing affecting the title to real property in this state, in good faith made, taken or certified to prior to the first day of January, 1916, and which have been filed or recorded in the proper counties of this state. be, and the same are hereby declared to be legal and valid for all purposes, anything in the laws of the State of North Dakota, or of any other state, territory or county at the time of such execution, acknowledgment, witnessing, filing or recording, to the contrary notwithstanding. § 2. ACTS OF EXECUTORS, ADMINSITRATORS, DEPUTIES, OFFICERS OR ATTORNEYS-IN-FACT LEGALIZED.] The acts of all properly appointed and constituted executors, administrators, officers of corporations, deputy public officials and attorneys-in-fact, done in good faith, in the execution and acknowledgment of such instruments, are hereby declared to be legal and valid for all purposes, notwithstanding the fact that such executor, administrator, officer, deputy, officer or attorney-in-fact may not have signed the same in the form provided by law in force at that time or that the same was not sealed or stamped as required by laws in force at the time of such execution, and notwithstanding the fact that the certificate of acknowledgment thereon may not be in the form required or sealed as required by any laws in force at the time of making the same. § 3. ACKNOWLEDGMENTS LEGALIZED.] The acts of all notaries public or other officers, done in good faith in taking or certifying to the acknowledgment of such instruments, whether such officers were qualified or otherwise by law at the time to do so or not, are hereby declared legal and valid for all purposes. § 4. GOOD FAITH PRESUMED.] Good faith shall be presumed on the part of all persons and officers in the execution, acknowledgment, filing and recording of such instruments and it shall be prima. facie presumed that such officer acted within the scope of his authority. Approved March 10, 1917. CHAPTER 108. [S. B. No. 18-Carey By Request.] MORTGAGES-FILING-ASSIGNMENTS. An Act Relating to the Receipt and Filing by the Register of Deeds, of Mortgages and Assignments of Mortgages. Be it Enacted by the Legislative Assembly of the State of North Dakota: 1. No mortgage shall be received for record by any register of deeds in this state which does not contain the postoffice address of the mortgagee, and which does not in full describe the indebtedness secured by the said mortgage as to the amount, rate of interest, when and where due. No assignment of mortgage shall be received for record which does not contain the post office address of the assignee. Approved February 19, 1917. CHAPTER 109. [H. B. No. 7-Lathrop, Strom, Quam, Moen.] REDEMPTION OF REAL PROPERTY SOLD UNDER EXECUTION AND MORTGAGE FORECLOSURE. An Act to Amend Sections 7754 and 7758 of the Compiled Laws of North Dakota, 1913, relating to redemption from Sales of Real Property Under Execution, and Mortgage Foreclosure Sales, as amended by chapter 223 of the Session Laws of the State of North Dakota for the year 1915. Be it Enacted by the Legislative Assembly of the State of North Dakota: 1. AMENDMENT.] Section 7754 of the Compiled Laws of North Dakota, 1913, as amended by chapter 223 of the Session Laws of the State of North Dakota for the year 1915, is hereby amended and re-enacted to read as follows: § 7754. PAYMENT OF AND PERIOD OF REDEMPTION.] The judgment debtor or redemptioner may redeem the property from the purchaser within one year after the sale on paying the purchaser the amount of his purchase with eight per cent interest thereon together with the amount of any assessment or taxes which the purchaser may have paid thereon after the purchase, and interest at the same rate on such amount; and if the purchaser is also a creditor having a prior lien to that of the redemptioner other than the judgment under which such purchase was made, the amount of such lien with interest. § 2. AMENDMENT.] Section 7758 of the Compiled Laws of North Dakota, 1913, as amended by Chapter 223 of the Session Laws of the State of North Dakota for the year 1915, is hereby amended to read as follows: $7758. REDEMPTION. FILING OF CERTIFICATE.] In no case shall the debtor be required to pay more to effect a redemption than the purchase price with eight per cent interest from the day of sale and all taxes and assessments paid with eight per cent interest thereon from the date of payment, notwithstanding the fact that he seeks to redeem from the redemptioner. If the debtor redeems, the effect of the sale is terminated and he is restored to his estate. Upon a redemption by the debtor the person to whom the payment is made must execute and deliver to him a certificate of redemption acknowledged or proved before an officer authorized to take acknowledgments of conveyances of real property. Such certificate must be filed and recorded in the office of the register of deeds of the county in which the property is situated, and the register of deeds must note the record thereof in the margin of the record of the certificate of sale. In case the debtor redeems from a redemptioner who has to effect his redemption paid liens on the property, other than for taxes or assessments, the redemptioner shall be subrogated to all the rights of the former holders of such liens, and the filing of written notices of such redemptions as required by section 7756 shall constitute notice of the rights of such redemptioner in |