cate of title or in any entry or memorial or by any cancellation, in the register of titles, and who, by the provisions of this law, is precluded from bringing an action for the recovery of such land, or of any interest therein, or from enforcing any claim or lien upon the same, may institute an action in the district court to recover compensation out of the assurance fund for such loss or damage.

$76.] If such action is brought to recover any loss or damage occasioned solely by the registration of such land, or solely by the registration of any other person as the owner thereof, or if such action be brought for the recovery of any loss or damage occasioned solely by the omission, mistake, or malfeasance of the officers above named, or of the examiner or of any clerk of court, or his deputy, in the performance of their respective duties, the county treasurer, in his official capacity, shall be the sole defendant. If such action be brought to recover for any loss or damage occasioned either wholly or in part, by the fraud, or wrongful act of some person or persons other than the officers herein named, or to recover for any loss or damage caused jointly by the fraud, or wrongful act, and by the omission, mistake or malfeasance of the officers above named, or of any of them, and of some other person or persons, the county treasurer in his official capacity and such other person or persons shall be joined as defendants therein. In any action where there are defendants other than the county treasurer, no execution shall issue against such treasurer until execution against all other defendants against whom judgment has been recovered has been returned, unsatisfied, either in whole or in part. An officer returning such execution shall certify thereon that the amount still due upon the execution cannot be collected from them. Thereupon the court being satisfied as to the truth of said return, shall order the county treasurer to pay the amount due upon such execution out of the assurance fund. If the assurance fund is insufficient to pay the amount of any judgment in full, the unpaid balance thereof shall bear interest at the legal rate, and shall be paid out of the first moneys coming into said assurance fund. The county attorney shall defend the county treasurer in all such actions.

§ 77. No person shall recover from the assurance fund any sum whatsoever by reason of any loss, damage or deprivation occasioned solely by a breach of trust on the part of any registered owner who is a trustee, or by the improper exercise of any power of sale in a mortgage, nor shall any person recover from the assurance fund any greater sum than the fair market value of the real estate at the time of the last payment into such fund on account thereof.

§ 78.] Any action or proceeding to recover damages out of the assurance fund shall be commenced within six years from the time when the right to commence the same accrued, and not afterwards. Provided, that if, at the time the right accrued, the person entitled to bring such action or proceeding is a minor, or insane, or in prison, or absent from the United States in its service or in the service of the state, such person or any one claiming under

him may commence such action or preceding within two years after such disability is removed.

79.] Whoever fraudulently procures, or assists in fraudulently procuring, or is privy to the fraudulent procurement of any certificate of title, or other instrument, or of any entry in the register of titles or book kept in the office of the registrar, or of any erasure or alteration in any entry in any of said books or in any instrument authorized by this act, or knowingly defrauds or is privy to defrauding any person by means of a false or fraudulent instrument, certificate, statement or affidavit, affecting registered land shall be guilty of a felony punishable by a fine not exceeding $5,000 or by imprisonment not exceeding five years, or by both.

$ 80. On the filing of any application for registration the applicant shall pay the clerk of the court the sum of three dollars which shall be in full of all clerk's fees and charges in such proceeding on his behalf. Any defendant on entering his appearance shall pay a like sum, which shall be in full of all clerk's fees on his behalf.

When any number of defendants enter their appearance jointly but one fee shall be paid. Every publication in a newspaper required by law shall be paid for by the party on whose application the publication is made. The party at whose request any notice is issued shall pay for the service of same, except when sent by mail by the clerk or by the registrar.

§ 81.] The fees to be paid to the registrar to be as follows:

1. At or before the time of filing certified copy of the application for registration the applicant shall pay, if the land have an assessed valuation of ($1,000) one thousand dollars or less, the sum of three dollars ($3); if assessed for more, the further sum of ($1) one dollar for each additional ($1,000) one thousand dollars valuation, or major fraction thereof.

2. For registering each original certificate of title and issuing a duplicate thereof, two dollars ($2).

3. For registering each transfer, including the filing of all instruments connected therewith, and the issuance and registration of the new certificate of title, three dollars ($3).

4. For the entry of each memorial on the register, or the cancellation thereof, including the filing of all instruments and papers connected therewith and endorsements on duplicate certificate, one dollar ($1.00) provided, that when the entry of this same memorial, or cancellation thereof is required to be made on more than two certificates held by the same owner, the fee for such entry on each certificate in excess of two, shall be twenty-five cents (25c). 5. For issuing each additional mortgagee's or lessee's duplicate, one dollar ($1).

6. For issuing each residue certificate, two dollars ($2).

7. For filing copy of will, with letters testamentary, or copy of letters of administration, and entering memorial thereof, two dollars ($2).

8. For issuing separate certificates and duplicate thereof, in exchange for one certificate for two or more distinct parcels, for each exchange certificate, one dollar ($1).

9. For each additional certificate showing condition of the register, one dollar ($1).

10. For any certified copy of any instrument or writing on file in his office, the same fee as allowed by law to register of deeds for like services.

11. For any other service under this chapter, such fee as the court shall determine.

§ 82.] This Act shall take effect in each county in the state in the following manner: It is hereby made the duty of the Board of County Commissioners in each county of this state, when requested so to do by a petition signed by at least ten per cent of the freeholders of the county, to provide each Register of Deeds with the necessary books, supplies and stationery required by this Act on or before that date, and to fix the bond required for each registrar. It shall be the duty of each Register of Deeds in the several counties to qualify as registrar under this act by filing a bond as required by the Board of County Commissioners, and taking the oath of office as registrar. Deputy register of deeds shall qualify in like manner as their chiefs.

Approved March 8, 1917.

TOWNSHIPS

CHAPTER 236.

[H. B. No. 80-O'Connor of Pembina.]

COMPENSATION OF TOWNSHIP CLERK AND SUPERVISORS. An Act to Amend and Re-enact Section 4220 of the Compiled Laws of North Dakota, for the year 1913, Relating to the Compensation of the Township Clerk and Supervisors.

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

§ 1. AMENDMENT.] That Section 4220 of the Compiled Laws of North Dakota for the year 1913, is hereby amended and re-enacted so as to read as follows:

§ 4220. COMPENSATION OF CLERK AND SUPERVISORS.] The Township Clerk and Supervisors shall receive for their services, three dollars ($3.00) per day for each day necessarily devoted by them to the work of their offices and the further sum of five cents (5 cents) per mile for each mile actually and necessarily traveled in the performance of their duties; but no township supervisor shall receive more than fifty dollars ($50.00) as his compenastion in any one year; provided, that the township clerk shall be paid fees for the following and not a per diem: For serving notices of elec

tion upon township officers, as required by law, twenty-five cents (25 cents) each; for filing any papers required by law to be filed in his office, ten cents (10 cents) each; for posting notices required by law, twenty-five cents (25 cents) each; for recording any order or any instrument or writing authorized by law, ten cents (10 cents) for each one hundred words; for copying any record or instrument on file in his office and certifying the same, ten cents (10 cents) for each one hundred words, to be paid for by the person for the same.

§ 2. REPEAL.] All acts and parts of acts in conflict with this act are hereby repealed.

Approved February 20, 1917.

TRADE-MARK

CHAPTER 237.

[S. B. No. 36-Haggart.]

TRADE MARK.

An Act to Establish a Trade-Mark for North Dakota Products; to Provide Standards for Products on which the Trade-Mark may be Used; to Provide for Proper Registration and Licensing and Other Things in Connection with the Use of the said Trade-Mark.

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

§ 1. TRADE-MARK DEFINED.] There is hereby established a trade-mark to be used on North Dakota products of a standard grade as established under the provisions of this act; the said trade-mark to consist of an arch, the keystone of which will have the words "Quality and Measure" printed on same; hanging directly below the keystone will be a set of scales, and on the main body of the arch will be the words "North Dakota," directly below the scales "Standard," will be printed on a ribbon. Below the ribbon afore mentioned and in front of the four Ionic pillars will be the map of North Dakota. Directly below said map will be the words "State Trade-Mark." And provision shall be made for receiving license number. The entire superstruction will be supported by a foundation representing steps, on the lower step will be printed the words "North Dakota Backs It Up." Place will also be left for the firm name when so desired. The said trade-mark may be in colors or in black and white, as provided for by the Food Commissioner.

§ 2. DUTIES OF THE FOOD COMMISSIONER.] It shall be the duty of the Food Commissioner at Fargo to see that the provisions of the said Act are enforced and complied with, and the Food Commissioner shall have authority to establish standards of purity.

quality and strength for all products and classes of products on which the North Dakota trade-mark may be used; and the said trade-mark shall be used upon no other products than those for which standards have been established and proclaimed as official by the Food Commissioner.

§ 3. RULES AND REGULATIONS.] The Food Commissioner shall make such rules and regulations as may be necessary within the provisions of this Act that the same may be put in force, and do such other matters relative to the successful execution of the provisions of this act as he shall deem proper.

§ 4. LICENSE, HOW PROCURED.] Any person, firm, corporation or organization desiring to use the North Dakota trademark on any article grown, manufactured or produced in North Dakota, shall make application to the Food Commissioner, on blanks properly prepared, setting forth the nature of the article on which the said trade-mark is to be used, and after investigation the Food Commissioner shall issue an order on the Secretary of the State for a license for one year for the use of said trade-mark on an article conforming with the standards established for the said article or product.

§ 5. LICENSE, WHEN FORFEITED.] Any person, firm, corporation or organization who uses the .said license in any way without due authority of law on products which do not conform with the standards as established, or who fails to insert the license number, or falsely inserts any number not assigned thereto, shall have his license revoked by the Food Commissioner.

§ 6. DUTIES OF THE SECRETARY OF STATE.] All applications for licenses, when approved by the Food Commissioner, shall be transmitted to the Secretary of State, who, on the authority of the Food Commissioner, shall issue the said license and a license number for the product on which the trade-mark is to be used and shall keep at all times, of easy access to the public, a record showing the names of all persons, firms, corporations or organizations who have authority to use the trade-mark, together with their addresses. When a license has been issued by the Secretary of State he shall so notify the Food Commissioner, furnishing also the number assigned.

§ 7. FEES.] The fees for registration and permission to use. the North Dakota trade-mark shall be $5.00 and $1.00 annually for renewals, the same to be paid to the Food Commissioner on making application for a license.

§ 8. WHO SHALL FURNISH TRADE-MARK.] The trade-mark in various sizes as needed shall be furnished by the Food Commissioner on payment of cost of producing the same to all those who have made proper registration and to whom a license has been issued during the life of said license.

9. PENALTIES.] Any person, firm, corporation or organization using the said North Dakota trade-mark, as herein provided. for, without complying with the provisions of the law, or without