CHAPTER 146. [S. B. No. 90-Gronvold.] LOCATION OF ASYLUM FOR INSANE, An Act Locating the Asylum for the Insane Authorized by the Amendment to the Constitution of the State of North Dakota which was approved by the Electors of the State at the Last General Election, at or near the City of Rugby, Pierce County. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. There is hereby located at or near the City of Rugby in Pierce County, North Dakota, the asylum for the insane authorized by the amendment to the Constitution of North Dakota, which was approved by the electors of the State at the general election in November, 1916. Approved March 16, 1917. IMMIGRATION CHAPTER 147. [H. B. No. 140-Stinger.] PROSPECTIVE SETTLERS. An Act to Provide Reliable Information to Prospective Settlers, and to Protect Both Seller and Buyer from Unfair and Unscrupulous Dealers in Lands, Also to Encourage Immigration. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. DUTIES OF COMMISSIONERS OF LABOR OR HIS AGENTS.] It shall be the duty of the Commissioner of Agriculture and Labor or his agents to make, or cause to be made a collection of the different products of our state, and to arrange them in sets, of samples, showing the several grains and grasses that thrive best in North Dakota, also any coal or mineral deposits, also samples of clays that are capable of being reduced into mercantile products, and cause each set so selected to be put into a neat case with one side covered with glass, so as to show such products, and to establish several headquarters, or places, where these cases shall be placed, where the public will congregate, or pass, so as to show the public our advantages for settlers in a fair and economical manner; and such Commissioner of Labor or his agents shall attend gatherings wherever practicable and exhibit one of these sample cases, and if called upon shall address gatherings on the subject of the advantages and opportunities of the settler in North Dakota; they shall also cause pamphlets to be printed explaining the ad vantages and opportunities for settlers in our state and shall cause to be kept with each sample case, for free disrtibution, and in such other places, that they will come to the notice of people, likely to become settlers of our state, if properly informed. § 2. SHERIFF'S DUTY. COUNTY'S PRIVILEGE. DUTY OF COMMISSIONER OF AGRICULTURE AND LABOR.] The sheriff of each county shall act with the Commissioner of Agriculture and Labor and shall aid in gathering samples for the use of the immigration agent or Commissioner of Agriculture and Labor, and any board of county commissioners, may have gathered samples of the products of their county, and purchase, or have made, suitable cases, in which to place sample products of their county; and may forward such cases, ready for exhibition purposes, to the Commissioner of Agriculture and Labor, whose duty it shall be to place such cases on exhibit, in such places as will, in his judgment, be possible to give reliable information to the greatest number of parties, that may be prospective settlers, and for placing these sample cases, may go into any of the United States or Canada, and arrange for their being placed in such places, as will expose them to the greatest number of people, and such cases shall be kept in good condition, replacing, or adding to such samples, as in his judgment, will best represent the true products of the several counties, or the whole state; and any pamphlets, or circulars, that are printed for the purpose of information to prospective settlers, by the authority of the Commissioner of Agriculture and Labor during the time these cases are on exhibition, shall be kept for distribution at the same places, where such sample cases are kept for free distribution. Approved March 12, 1917. CHAPTER 148. [S. B. No. 129-Porter.] REIMBURSEMENT OF SERVICES FOR BOARD OF IMMIGRATION. An Act Appropriating Money to Reimburse W. A. Stickley for Services Performed for the Board of Immigration. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. APPROPRIATION.] There is hereby appropriated out of any money in the state treasury not otherwise appropriated to reimburse W. A. Stickley for four and one-half months services as Secretary to the Board of Immigration, the sum of $562.50. Approved March 7, 1917. JURORS CHAPTER 149. [H. B. No. 306-Harris.] CHALLENGE OF JURORS IN CIVIL ACTIONS. An Act to Amend and Re-enact Section 7615 of the Compiled Laws of North Dakota for the year 1913, Relating to Challenges of Jurors in Civil Actions, By Whom Made and Number Allowed. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. AMENDMENT.] That Section 7615 of the Compiled Laws of North Dakota for the year 1913 be amended to read as follows: $7615. CHALLENGES CLASSED. BY WHOM. NUMBER ALLOWED.] Either party may challenge the jurors, but when there are several parties on either side, they must join in a challenge before it can be made. The challenges are to individual jurors and are either peremptory or for cause. Each party is entitled to six peremptory challenges. If no peremptory challenges are taken until the panel is full, they must be taken by the parties alternately, commencing with the plaintiff. Approved March 10, 1917. CHAPTER 150. [H. B. No. 177-Maxwell.] FEES OF JURORS. An Act to Amend and Re-enact Section 3534 of the Compiled Laws of North Dakota for the year 1913, Relating to the Fees of Jurors. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. AMENDMENT.] That Section 3534 of the Compiled Laws of North Dakota for the year 1913 is hereby amended and reenacted so as to read as follows: § 3534. FEES ALLOWED.] Jurors are entitled to receive: 1. For each day's attendance in district court as grand, petit or special juror, to be paid by the county, four dollars. 2. Traveling expenses for each mile actually and necessarily traveled each way, to be paid by the county, five cents. 3. For each day's attendance as juror in justice's court, one dollar. 4. For each day's attendance as juror at coroner's inquest, to be paid by the county, two dollars. Approved March 1, 1917. LAND CONTRACTS CHAPTER 151. [S. B. No. 9-Martin.] REDEMPTION LAND CONTRACTS. An Act to Amend and Re-enact Section 8122 of the Compiled Laws of North Dakota for 1913, as amended by Chapter 180 of the Laws of 1915, Relating to Foreclosure of Land Contracts. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. AMENDMENT.] That Section 8122 of the Laws of North Dakota for the year 1913 as amended by Chapter 180 of the laws of 1915, be amended and re-enacted so as to read as follows: § 8122. TIME ALLOWED.] Such vendee, or purchaser, or his assigns shall have six months after the service of such notice upon him in which to perform the conditions or comply with the provisions upon which the default shall have occurred and upon such performance and upon making such payments, together with the cost of service of such notice, such contract or other instrument shall be reinstated and shall remain in full force and effect the same as if no default had occurred therein. If, however, such vendee or purchaser, or his assigns, shall not complete such performance or make such payment within the six months herein provided, then and in that event the contract shall be terminated and shall not be re-instated by any subsequent offer of performance, or tender of payment. No provision in any contract for the purchase of land or an interest in land shall be construed to obviate the necessity of giving the aforesaid notice and no contract shall terminate unless such notice is given, any provision in such contract to the contrary notwithstanding, but the notice herein required shall not be deemed necessary where the contract in question is sought to be terminated by an action at law or in equity brought for that purpose upon failure to perform. In all cases of cancellation by notice of any such contract which has been recorded in the office of the Register of Deeds, a copy of the notice of cancellation served upon the vendee together with an affidavit of service and an affidavit of vendor or his assigns, that the default of vendee under the terms of the contract were not cured within six months from the date of service of such notice, shall be recorded in the office of the Register of Deeds. § 2. Provided, that when it shall be made to appear by affidavit of the vendee or purchaser or his assigns, his agent or attorney, to the satisfaction of a Judge of the District Court of the county where the property is situated, that the vendee or purchaser or his assigns has a legal counterclaim or any other valid defense against the collection of the whole or any part of the amount claimed to be due on such contract, such judge, may, by an order to that effect, enjoin the vendor or his successor in interest from the cancellation of such contract as herein provided, and direct that all further proceedings for the cancellation be had in the District Court properly having jurisdiction of the subject matter; and for the purpose of carrying out the provisions thereof, service may be made upon the vendor or his assigns or upon his attorney or agent. § 3. REPEAL.] All Acts or parts of Acts in conflict with this Act are hereby repealed. Approved February 10, 1917. LARCENY CHAPTER 152. [H. B. No. 340-Lang.] LARCENY. An Act Defining the Crime of Using with Intent to Defraud Proceeds of Payment Made to a Contractor or Sub-Contractor on Any Improvement to Real Estate for Any Other Purpose than the Payment of Labor, Materials, Machinery or Fixtures, Performed or Furnished for such Improvement while the Same Remains Unpaid for, as Larceny, and Defining the Penalty Therefor. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. Any contractor or sub-contractor on any improvement to real estate within the meaning of Section 6814 of the Compiled Laws of 1913, with intent to defraud, shall use the proceeds of of any payment to him on account of such improvement by the owner of such real estate, or person having any improvement made, for any other purpose than the payment of labor performed upon, or materials, machinery or fixtures furnished for such improvement, while any such labor performed, or materials, machinery or fixtures furnished for such improvement at the time of such payment, remains unpaid for, shall be guilty of larceny of the proceeds of such payment so used. § 2. When payment so used in violation of the preceding section is of an amount exceeding twenty dollars ($20.00), such person shall upon conviction be punished as provided by law for the crime of grand larceny, and when the amount of such payment so used in violation of the preceding section is of an amount to twenty dollars ($20.00) or less, such person shall upon conviction be punished for petit larceny. |