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for sale publicly, of any commodity upon the first day of the week is prohibited; excepting that meats and fish may be sold at any time before ten o'clock A. M., and excepting that foods may be sold to be eaten upon the premises where sold, and drugs, medicines, surgical appliances, milk, ice cream and soda fountain dispensations, fruits, candy and confectionery, tobacco and cigars, newspapers and magazines may be sold at any time of the day, provided that none of said articles or commodities shall be sold in any billiard hall, pool hall, bowling alley, temperance saloon or any other place where gaming of any kind is conducted unless said gaming is discontinued from twelve o'clock midnight on Saturday night until six A. M. on Monday.

§ 3. AMENDMENT.] That Section 9242 of the Compiled Laws of the State of North Dakota for the year 1913 is hereby amended and re-enacted to read as follows:

§ 9242. Every person guilty of Sabbath breaking is punishable by a fine of not less than one dollar, nor more than fifty dollars, or less than one day in the county jail, nor more than twenty days in the county jail, or both such fine or imprisonment at the discretion of the court.

§ 4. EMERGENCY.] Whereas this Act is necessary for the immediate preservation of the health, safety and peace of the public; therefore, this Act shall take effect and be in force from and after its passage and approval.

Approved February 17, 1917.

CHAPTER 223.

[S. B. No. 137-Hamilton.]

SPORTS ON FIRST DAY OF WEEK.

An Act to Amend and Re-enact Section 9238 of the Compiled Laws of North Dakota for the year 1913, Relating to Sports on the First Day of the Week.

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

§ 1. AMENDMENT.] That Section 9238 of the Compiled Laws of North Dakota for the year 1913 is hereby amended and re-enacted. so as to read as follows:

§ 9238. PROHIBITED SPORTS ENUMERATED.] All shooting, sporting, horse racing or other public sports on the first day of the week are prohibited; provided, however, that the game of baseball conducted in an orderly manner so as not to interfere with the peace, repose and comfort of the community, may be played during the afternoon on the Sabbath; provided, however, that organized baseball shall not be played on Sunday. Provided further that no game of baseball shall be played on the first day of the week within five hundred feet of any church edifice. Pro

vided also that no games of baseball shall take place where the contesting teams play for money consideration, or where entrance fee is charged spectators.

Approved March 15, 1917.

SUPREME COURT

CHAPTER 224.

[S. B. No. 268-McGray.]

SUPREME COURT JUDGES.

An Act to Amend and Re-enact Section 719 and 720 of the Compiled Laws of North Dakota for the year 1913, Relating to the Salaries and Expenses of the Supreme Court Judges.

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

§ 1. Section 719 of the Compiled Laws of North Dakota for the year 1913 is hereby amended and re-enacted so as to read as follows:

8719. SALARIES OF SUPREME COURT JUDGES.] The Judges of the Supreme Court shall each receive an annual salary of five thousand five hundred dollars. Provided, however, that the provisions of this section shall not apply to said judges during their respective present terms of office.

§ 2. Section 720 of the Compiled Laws of North Dakota for the year 1913 is hereby amended and re-enacted so as to read as follows:

$720. EXPENSES PAID.] Each judge of the Supreme Court who on account of his official position has taken up his residence at the Capital of this state or who has been or may be compelled to absent himself from his legal residence in order to properly discharge his official duties shall, during his present term of office, receive the sum of five hundred dollars per annum for traveling expenses and moneys expended by him while engaged in the discharge of his official duties, to be paid in quarterly payments without filing any itemized statement; provided, however, that the provisions of this section shall not apply to any judge of the Supreme Court hereafter elected or appointed.

Approved March 12, 1917.

CHAPTER 225.

[H. B. No. 280-O'Connor.]

WRITS OF ERROR.

An Act Providing for Writs of Error, and Granting to the Supreme Court Power to Prescribe Rules Therefor.

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

§ 1. The Supreme Court of the State of North Dakota shall have authority to prescribe rules for the issuance of Writs of Error to inferior courts of this state, to enforce the due administration of justice in all matters within its jurisdiction.

§ 2. The authority of the said Supreme Court to so provide for Writs of Error shall be in addition to the provisions of law now existing applicable to appeals.

Approved March 10, 1917.

SWINDLING

CHAPTER 226.

[H. B. No. 126-Tenneson.]

SWINDLING.

An Act Defining the crime of swindling; prescribing a punishment therefor. Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. SWINDLING DEFINED. PUNISHMENT.] Every person who, by means of three card monte, so called, or of any other form or device, sleight-of-hand, or other means, by use of cards, or in-. struments of like character, or by any other instrument, trick, device or artifice, obtains from another person any money or other property of any description, shall be deemed guilty of the crime of swindling, and shall be fined not less than one hundred dollars nor more than five hundred dollars or punished by imprisonment in the county jail for not less than thirty days nor more than one year, or by both such fine and imprisonment in the discretion of the trial court; and every person aiding, encouraging, advising or confederating with, or knowingly harboring or concealing any such person, or in any manner being accessory to the commission of the above described offense, and all persons who shall confederate together for the purpose of playing such games, or obtaining money by the means aforesaid, and any person who shall encourage, solicit or procure any other person to deliver to any third person any money or property, the person so encouraging, soliciting or pro

curing another as aforesaid, or aiding, assisting or abetting another in the use of such means, shall be deemed principals therein and guilty of the crime of swindling and punished as herein before provided.

Approved March 12, 1917.

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REVENUE AND TAXATION-ABATEMENT OF TAXES.

An Act to Amend and Re-enact Sections 2165 and 3646 of the Compiled Laws of the State of North Dakota for the year 1913, Relating to Revenue and Taxation, and the Abatement of Taxes.

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

1. AMENDMENT.] That Section 2165 of the Compiled Laws of North Dakota for the year 1913 be amended and re-enacted to read as follows:

§ 2165. ABATEMENT OF TAXES, HOW MADE.] The board of county commissioners may, upon application and affidavit or other evidence, when satisfied beyond a doubt as to the illegality or unjustness of the assessment, or in case of error, abate in whole or in part taxes, whether real or personal; (1) Provided, however, that application therefor shall be submitted to it with a statement of the facts in the case, but no reduction, abatement or refundment of any special assessment made or levied by any municipality for local improvements shall be made unless it is also approved by the board of review or similar taxing authority of such municipality, and (2) provided further, that before any abatement or reduction of any assessment of taxes shall be made, the application and all records, or a certified copy thereof shall be filed with the tax commission, and such abatement or reduction shall also receive favorable action by said tax commission.

Full record of such abatement must be made, showing the reason for their action, and the county auditor shall certify such abatement to the county treasurer, who shall enter such facts opposite the tax so abated, which shall have the effect of discharging the amount of tax so abated. And whenever taxes on any real estate remain unpaid and such property has not been sold to any purchaser other than the county, by reason of depreciation in value or other cause, the board of county commissioners may compromise with the owner of such property by abating a portion of such delinquent taxes on payment of the remainder.

The

county auditor shall make out a certified statement of the amount of state taxes so abated which statement shall be forwarded to the state auditor, who shall give the county credit for the amount so abated.

§ 2. AMENDMENT.] That Section 3646 of the Compiled Laws of North Dakota for the year 1913 be amended to read as follows: § 3646. DUTY OF CITY AUDITOR.] Within ten days after the completion of the equalization of the assessment as herein provided, the city auditor shall deliver the same to the county auditor of the county in which such city is situated, with his certificate that the same is correct as equalized by said board of equalization, and the same shall be accepted by the board of county commissioners of such county in lieu of all other assessment rolls for said property in said city, and the board of equalization of such county may increase or diminish the valuation therein placed on any class of property so as to make such valuation uniform with the valuation of the same class of property throughout such county, but no individual assessment shall be otherwise changed, except upon compliance with section 2165 of this Code, and a failure of any county or city board or equalization to hold its meetings, shall not vitiate or invalidate any assessment or tax except as to the excess of valuation, or tax thereon, shown to have been unjustly made or levied.

§ 3. REPEAL.] All acts and parts of acts in conflict herewith are hereby repealed.

Approved March 9, 1917.

TAXATION

CHAPTER 228.

[H. B. No. 163-Sandbeck.]

MANNER OF LISTING PROPERTY FOR TAXATION.

An Act to Amend and Re-enact Section 2093 and 2123 of the Compiled Laws of North Dakota for the year 1913, Relating to the Manner of Listing Property for Taxation purposes.

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

AMENDMENT.] That Section 2093 of the Compiled Laws of North Dakota for the year of 1913 be amended and re-enacted to read as follows:

§ 2093. LISTING OF PROPERTY.] All personal property subject to taxation shall be listed and assessed every year, according to its value on the first day of April preceding the assessment. All real property, subject to taxation shall be listed every odd numbered

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