gatories, either written or oral, as in the discretion of the court or judge may seem proper; the defendant shall not necessarily be discharged upon his denial of the facts stated in the moving papers; the clerk of the district court shall, upon the application of either party, issue subpoenas for witnesses, and except as above set forth, the practice in such contempt proceedings shall conform as nearly as may be to that adopted by the nineteenth rule of the supreme court of the United States for proceedings in equity in the circuit courts. Approved March 8, 1917. CHAPTER 135. [H. B. No. 388.—Walton.] INTOXICATING LIQUORS DEFINED. An Act to Amend and Re-enact Section 10105 of the Compiled Laws of the State of North Dakota 1913, Defining Intoxicating Liquors. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. AMENDMENT.] Section 10105 of the Compiled Laws of the State of North Dakota, 1913, is hereby amended to read as follows: § 10105. INTOXICATING LIQUORS DEFINED.] The following liquors are hereby declared to be intoxicating and their intoxicating quality shall by all courts be presumed, viz.: All spirituous, malt, fermented and vinous liquors (except unfermented grape-juice in hermetically sealed bottles), alcohol, whiskey, rum, brandy, beer, ale, porter, wine, hard cider and malt, or mixtures thereof, by whatsoever name called, or any liquor that will produce intoxication of any degree, or any liquor or liquids which are made, sold or offered for sale as a beverage and which shall contain coculus, indicus, copperas, opium, cayenne pepper, picric acid, Indian Hemp, strychnine, tobacco, darmal seed, extract of logwood, salts of zinc, copper or lead, alum or any of its compound, methyl alcohol or its derivatives, amyl alcohol or any extract or compound of any of the above ingredients, or any liquid or compound of any name or description whatever, containing no alcohol whether medicated or not, capable of being used as a beverage and having the appear-: ance or flavor of beer or malt, unless such liquor is pasturized and contained in hermetically sealed bottles, shall be considered and held to be intoxicating liquors within the meaning of this chapter. § 2. EMERGENCY.] Whereas it is necessary for the immediate preservation of the public peace, health and safety that this act shall become effective without delay for the following reasons, towit, namely: That a great quantity of liquid having the flavor and appearance of malt is being imported into this state and being sold for use as a beverage, which liquids are contained in wooden 1 kegs and other receptacles not hermetically sealed, and which liquids ferment in such receptacles and by chemical reaction produce alcohol in such liquids and render them intoxicating. Therefore, this act shall become and be in full force and effect immediately upon its passage and approval by the governor. Approved March 16, 1917. CHAPTER 136. [H. B. No. 39-Bowman.] INTOXICATING LIQUORS-REGULATIONS FOR DELIVERY. An Act Providing Regulations for the Delivery, or Receipt and Possession for Delivery of Intoxicating Liquor, and Penalty. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. It shall be unlawful for any person, firm or corporation to deliver, or receive or have in its possession for delivery within this state any intoxicating liquor for any purpose whatsoever, except that such liquors may be delivered, or received or possessed for delivery by common carriers to registered pharmacists to be disposed of by them as provided by law; and unless the package or container of such liquor shall be labeled on the outside in large clear letters showing the consignor, consignee, kind and quantity, percentage of alcohol, and place of delivery; and unless those items on the label shall immediately upon receipt of such liquor be clearly and legibly entered in ink in a record book as provided by Sections 2 and 3 of this Act, with date of receipt; and unless before delivering such liquor the signature and oath of the consignee be secured and date of delivery entered; and unless such record be kept on file in his, or their local place of business for two years after delivery and kept open to inspection by any officer whose duty it is to enforce the laws, or any person authorized in writing by such officer. § 2. RECORD OF DELIVERY, AFFIDAVIT.] Any person, firm, or corporation delivering, or receiving or having in possession for delivery any intoxicating liquors are hereby empowered to administer the oath as required by this Act. AFFIDAVIT State of North Dakota County of.. say: SS. being first duly sworn, That I am over twenty-one years old; that my full name is that I am the person who ordered and am the rightful consignee of the intoxicating liquor recorded on this page; that I am a registered pharmacist and conduct a drug store at Lot..... Block.. and Plat.. of the town, village or city of. North Dakota; that this liquor is intended for sale by me as prescribed by law and will not be received, used, given away, or sold in violation of this Act or any law of this state. Signed..... Consignee and Registered Pharmacist. IDENTIFICATION. State of North Dakota SS. County of of lawful age, be ing first duly sworn say; that I know this person and know him to be the identical consignee whose name is recorded on this page as consignee. Signed.. Subscribed and sworn to before me this... 19. Identifier. day of Person making delivery. § 3. It is further provided that the attorney general shall have published record affidavit blanks identical with Section 2 of this Act, bound in books of 100 affidavits and page each numbered from 1 to 100 consecutively and each book shall bear his endorsement and official seal on the outside cover and such books shall be furnished at a cost equal to the actual and necessary outlay made therefor by him including clerk hire and postage. § 4. It is further provided that any person, firm, or corporation who shall deliver, or receive or have in possession for delivery any intoxicating liquor to other than a registered pharmacist, or who shall fail to comply with any of the provisions of this Act, or shall make or keep any false record, or deliver any intoxicating liquor without proper identification or any person who shall make or sign any affidavit containing any false statement, or falsely identify any person, or in any manner, deliver, or aid, abet, or secure the delivery of any intoxicating liquor to himself or any person in violation of this Act or the laws of this state shall be held to be violating this Act and shall for the first offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than $200 nor more than $1,000 and be imprisoned in the county jail not less than 90 days and not more than one year; and for the second and every successive offense shall be deemed guilty of a felony, and be punished by imprisonment in the penitentiary not exceeding two years and not less than one Approved March 9, 1917. year. INSURANCE CHAPTER 137. [H. B. No. 275-Magneson.] ACCIDENT AND HEALTH INSURANCE COMPANIES. An Act Requiring Assessment, Accident and Health Insurance Companies, or Associations, to make deposit with the Commissioner of Insurance. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. DEPOSIT.] Each foreign assessment, accident and health insurance company, or association doing business in this state on the assessment plan shall keep at all times deposited with the commissioner of insurance of this state, one regular assessment sufficient to pay the average loss or losses occurring among its members in this state during the time allowed by it for the collection of assessments and payment of losses. And no such company, or association, shall be licensed by the commissioner of insurance unless it shall keep and maintain with him for the protection of its obligations at least ten thousand dollars ($10,000.00) in United States or North Dakota bonds, or in the bonds of some county, city or town in North Dakota, or mortgages on improved unincumbered real estate within this state, worth double the sum loaned thereon, and approved by the commissioner of insurance. Approved March 12, 1917. CHAPTER 138. [S. B. No. 135-Allen.] CO-OPERATIVE AND ASSESSMENT LIFE ASSOCIATIONS. An Act Permitting Co-operative and Assessment Life Associations to Transact Business Within this State; Permitting Associations Operating on such Plans to Transact Business in this State and Providing a Method for Valuing Their Policies. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. All co-operative or assessment life associations licensed to transact business within this state, and such associations duly licensed and transacting business in other states, shall be admitted to transact business in this state upon compliance with the general laws relating to the licensing and admission of life insurance companies without being required to value their policies in conformity with Section 4923 of the Compiled Laws of the State of North Dakota for the year 1913. § 2. All such associations shall accumulate and maintain assets in excess of actual liabilities for death losses sustained and expenses incurred equal to two percent of all insurance such assosication has in force, and such assets shall consist of cash, money on deposit in banks. and such securities as are prescribed by the laws of this state. § 3. All such associations shall value their policies in the same manner as yearly renewable term policies are valued, according to the standard of valuation of life insurance policies prescribed by the laws of this state. § 4. Each and every co-operative or assessment life association transacting business in this state shall print in bold type and in red ink, near the top of the front page of each policy or certificate issued upon the life or lives of any resident or residents of the State of North Dakota, the words "Issued upon the Assessment Plan." § 5. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Approved March 9, 1917. |