ments to pay bonds and other indebtedness of irrigation districts, until a sufficient amount is raised to fully pay all obligations of such district. In all cases where bonds and other obligations of irrigation districts shall be issued after the passage of this act, such bonds and obligations shall become subject to redemption by the Board of Directors of any irrigation district, as soon as the property and franchise of such district shall be sold after such district has elected to dissolve as a district, as herein provided.

After all the property of the district shall be disposed of as above provided, and all of the obligations of such district shall have been paid the Board of Directors shall file in the office of the county clerk of each county in which said district is located, and in the office of the State Engineer, a report attested by the clerk and seal of the Board, stating that the district has disposed of its property and franchise, and become disorganized and dissolved, which report shall be recorded in the miscellaneous records of such counties; and if any person, persons or corporations, having any claim against such district not settled or disposed of at the time of the filing of such report, shall fail and neglect to bring suit upon such claim within five years from the time of the filing of such report, such claim or claims shall be forever barred as against such district as well as against all persons and property therein. Provided that in case a contract has been made with the United States no action shall be taken by the board of directors for the dissolution of any irrigation district as herein provided unless the assent of the secretary of the interior in writing has been filed with the secretary of the Board of Directors and a certified copy thereof filed in each county where such district lands are situate.

§ 71. IRRIGATION DISTRICT BONDS. REFUNDING.] The Board of Directors of any irrigation district in the State of North Dakota which has issued valid interest bearing bonds that are now outstanding and unpaid, may take up and pay off any such bonds whenever legally possible, by the issue and sale or the issue and exchange therefor of the bonds of such irrigation district; but bonds so to be issued shall not exceed the amount lawfully owing and unpaid upon the bond or bonds so sought to be taken up and paid. Bonds so issued shall not bear interest greater in rate or amount per annum than the bonds so sought to be taken up and paid.

$72. PROCEDURE IN REFUNDING BONDS.] Whenever it is desired to issue bonds under this article the Board of Directors shall, by resolution entered in the minutes of their proceedings, direct public notice to be given, stating the amount of the indebtedness sought to be taken up and paid, and the date it was voted, the rate of interest it bears, and that the same is sought to be taken up and paid off by the issuance and sale, or the issuance and exchange of bonds bearing interest at an equal or less rate and amount per annum, and stating the date on which, and the places where, any taxpayer of such irrigation district may file objections

to such proposed action. Such notice shall be signed by the president and secretary of said irrigation district, and shall be published for two weeks in some newspaper in general circulation in the district, or by posting the notice in three of the most public places in the district for at least fifteen days prior to such date. If after such publication and on the day for filing objections, no objection to such action by the Board of Directors is filed, then the Board of Directors may issue and sell, or exchange, as the case may be, the bonds authorized by this article, not exceeding the amount stated in such notice, nor exceeding the amount of actual bonded indetbedness of the district then outstanding and unpaid, nor bearing interest greater in rate or amount and thereby take up and pay off the bonds described in the notice.

§. 73. HEARING OF OBJECTION TO ISSUE.] If, on the day appointed in such notice, any written objections be filed, the objection or objections shall be heard and decided by the Board of Directors; and from their decision an appeal may be taken to the district court, in the manner of appeals from the county board.

$74. RECITALS OF REFUNDING BONDS.] The bonds so issued shall have recited therein the object of issue, the title of the article under which the issue was made, stating the issue to be made in pursuance thereof, and shall also state the number, date and amount of the bonds for which it was substituted; and such new bonds shall not be delivered until the surrender of the bond or bonds so designated, and they shall be paid and levy made and tax collected for their payment in accordance with laws now governing the bonds heretofore issued.

§ 75. LIABILITY FOR FAILURE TO DELIVER WATER.] Every irrigation district within the State of North Dakota shall be liable in damages for negligence in delivering or failure to deliver water to the users from its canal to the same extent as private persons and corporations; provided, however, such districts shall not be liable as herein provided, unless the party suffering such damage by reason of such negligence or failure shall, within thirty days after such districts shall fail to deliver water, serve a notice in writing on the chairman of the Board of Directors of such district, setting forth particularly the acts committed or the commissions of the duties to be performed on the party of the district, which it is claimed constitute such negligence or ommission, and that he expects to hold such district liable for whatever damages may result; provided, further, such action shall be brought within one year from the time the cause has accrued.

Approved March 8, 1917.

CHAPTER 116.

[H. B. No. 274-Christianson.]

RIPARIAN OWNERS OF LAND LYING ADJACENT TO NON

NAVIGABLE STREAMS.

An Act to Provide that Riparian Owners of Land Lying Adjacent to Non-Navigable Streams and Rivers Shall Prevent the Falling of Trees, Logs and Brush into such Streams and Rivers, and Prescribing the Duties of County Commissioners in Relation Thereto.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. It shall be the duty of every riparian owner of lands lying adjacent to a non-navigable stream or river to prevent trees, logs or brush growing and situated upon such land from falling into such stream or river, and from becoming lodged therein. Upon the complaint of any freeholder to the effect that any such riparian owner is permitting trees, logs and brush to fall into such stream or river, the board of county commissioners of the county in which such land is located shall investigate or cause an investigation to be made, and if it is found that such riparian owner is permitting trees, logs and brush to fall into, and to become lodged in such stream or river, the board of county commissioners shall notify the party to remove the same inside of thirty days or more at the discretion of the county commissioners, and if not performed in said time, the county commissioners can cause such trees, logs and brush to be removed from such stream, and from the land adjacent thereto, so as not to be in danger of falling into such stream. The expense of removing such trees, logs and brush shall be paid out of the county treasury and the amount thereof shall be assessed against the land of the riparian owner and added to the taxes assessed against such land, and shall be collected in the same manner as other taxes, and shall be used to reimburse the county treasury for moneys paid for the removal of trees, logs and brush from such stream or river.

§ 2. PURPOSE OF THIS ACT.] It is well known that when logs and trees become lodged in streams and rivers they form barriers to the passage of ice in the spring and cause gorges or jams, which is one of the most frequent causes of floods. The purpose of this Act is to prevent the flooding of streams and rivers in this state from this cause.

Approved March 10, 1917.

DRUGS

CHAPTER 117.

[S. B. No. 191-Haggart.]

PROHIBITING SALE OF CERTAIN DRUGS.

An Act Restricting and Prohibiting the Selling, Keeping for Sale, Prescribing and Having Possession of Certain Drugs, Providing a Penalty for Violations of the Act and Relating to the Method of Enforcing and of Charging and of Proving Violations of the Act.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. SALE AND GIFT OF CERTAIN DRUGS PROHIBITED.] · It shall be unlawful for any person, firm or corporation, either personally or by servant or agent, or as the servant or agent of any other person, or of any firm or corporation, to sell, furnish or give away any opium or coca leaves or any compound, manufacture, salt, derivative or preparation thereof, and especially to sell, furnish or give away any cocaine, salts of cocaine, or preparation containing cocaine or salts of cocaine, or morphine, or preparation containing morphine or salts or morphine, or any codeine, or salt or derivative thereof, or any preparation containing codeine, or any chloral hydrate, or preparation containing chloral hydrate, or any heroin, or any of its salts or derivatives, or any preparation containing heroin, or any other habit-forming drug, whatever its nature or character, or any preparation containing any habit-forming drug, whatever its nature or character, or any substance or residue left after the smoking of opium, whether obtained from an opium pipe or other article used for smoking opium; except upon the original written order or prescription of a recognized and reputable practitioner of medicine, or of veterinary medicine, duly licensed to practice in the State of North Dakota, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, or if ordered by a practitioner of veterinary medicine shall state the kind of animal for which ordered, and shall be signed by the person giving the order or prescription. Such order or prescription shall be, for a period of two years, retained on file by the person, firm or corporation who compounds or dispenses the article ordered or prescribed, and it shall not be compounded or dispensed after the first time except upon the written order of the original prescriber. The record so kept may be examined by the state's attorney of the county, or his assistant, at any time, and it shall be unlawful for any person, firm or corporation compounding or dispensing articles prescribed as aforesaid to fail to keep such orders and prescriptions on file, and to fail, refuse or neglect to exhibit the same to the state's attorney or his assistant when re

quested. Provided, however, that any physician or veterinary surgeon, licensed to practice in the state of North Dakota may dispense or distribute any of the aforesaid drugs to a patient in the course of his professional practice only, and a dentist may use and administer such drugs in the course of professional treatment of a patient; provided, further that such dispensation or distribution must be in good faith, in the course of practice, when the adminiştration of such drugs is necessary and proper in the proper practice of medicine, veterinary medicine or dentistry, and not for the purpose of evading the spirit or provisions of this Act. Any physician, dentist or veterinary surgeon, so distributing or dispensing any of the drugs herein mentioned, shall keep a record of all such drugs dispensed or distributed, showing the amount dispensed or distributed, the date, and the name and address of the patient to whom such drugs are dispensed or distributed, which record shall be kept for a period of two years from the date of dispensing or distributing such drugs, and shall be kept open to the inspection of the state's attorney of the county in which such physician, veterinary surgeon or dentist resides, or his assistant. Provided, further, that the provisions of this act shall not be construed to permit the selling, furnishing, giving away, or prescribing for the use of any habitual users of any of the substances hereinbefore first named and referred to, any of such substances. This last proviso shall not be construed to prevent any physician, duly licensed to practice medicine in the state of North Dakota, from furnishing in good faith for the use of any habitual user of narcotic drugs who is under his professinoal care, such substances as he may deem necessary for their treatment, when such prescriptions are not given or substances furnished for the purpose of evading the provisions of this Act, and provided a record is kept of the same, to be kept open for inspection by the state's attorney or his assistant, as hereinbefore provided for. It shall be unlawful, however, for any physician or veterinary surgeon to write a prescription or order for the furnishing of or to furnish any of the substances hereinbefore named, the selling, furnishing or giving away of which is hereby made unlawful, to any habitual users of any of said substances, unless in the course of good faith treatment of such person or persons for some disease or for the cure of the drug habit, in the proper and usual practice of medicine.

The above provisions shall not apply to preparations which do not contain more than two grains of opium, or more than onequarter grain of morphine, or more than one-eighth of a grain of heroin, or more than one grain of codeine, or any salt or derivative of them in one fluid ounce, or, if solid or semi-solid preparation, in one avoirdupois ounce, or to linements, ointments or other preparations which are prepared for external use only, except liniments, ointments and other preparations which contain cocaine or any of its salts, or alpha or beta eucaine, or any of their salts or any synthetic substitute for them. Provided, however, that such