tracts, agreement, or documents, at the trial or hearing of any person charged with violating any of the provisions of this act on the ground that such testimony or evidence may tend to incriminate himself; but no person shall be prosecuted for any act concerning which he shall be compelled so to testify or produce evidence, documentary or otherwise, except for perjury committed in so testifying.

Sec. 9. STATE'S ATTORNEY TO PROSECUTE.) Upon evidence satisfactory to the Commissioner of Insurance that any of the provisions of this act have been violated by an agent, solicitor or any other person, he shall certify to the State's Attorney of the County in which the violation occurred, all evidence thereof in his possession; and it shall be the duty of such State's Attorney to prosecute the case.

Sec. 10. Provided nothing in this Act shall be construed as applying to fraternal benefit societies.

Approved February 19th, 1923.

JUDGMENT

CHAPTER 237.

(H. B. No. 210-Starke.)

UNIFORM DECLARATORY JUDGMENTS ACT.

An Act Concerning Declaratory Judgments and Decrees and to Make Uniform the Laws Relating Thereto.

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

Sec. 1. SCOPE.) Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.

Sec. 2. POWER TO CONSTRUE, ETC.) Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status or other legal relations thereunder.

Sec. 3. BEFORE BREACH.) A contract may be construed either before or after there has been a breach thereof.

Sec. 4. EXECUTOR, ETC.) Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic, or insolvent, may have a declaration of rights or legal relations in respect thereto.

(a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; or

(b) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

(c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

Sec. 5. ENUMERATION NOT EXCLUSIVE.) The enumeration in Sections 2, 3, and 4 does not limit or restrict the exercise of the general powers conferred in Section 1, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.

Sec. 6. DISCRETIONARY.) The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

Sec. 7. REVIEW.) All orders, judgments and decrees under this Act may be reviewed as other orders, judgments and decrees.

Sec. 8. SUPPLEMENTAL RELIEF.) Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.

Sec. 9. JURY TRIAL.) When a proceeding under this act involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

Sec. 10. CosTs.) In any proceeding under this act the court may make such award of costs as may seem equitable and just.

Sec. 11. PARTIES.) When declaratory relief is sought, all per sons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General of the State shall also be served with a copy of the proceeding and be entitled to be heard.

Sec. 12. CONSTRUCTION.) This act is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.

Sec. 13. WORDS CONSTRUED.) The word "person" wherever used in this act, shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character what

soever.

Sec. 14. PROVISIONS SEVERABLE.) The several sections and provisions of this act, except sections 1 and 2, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the act invalid or inoperative.

Sec. 15. UNIFORMITY OF INTERPRETATION.) This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those States which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.

Sec. 16. SHORT TITLE.) This act may be cited as the Uniform Declaratory Judgments Act. Approved March 7th, 1923.

JUSTICE OF THE PEACE

CHAPTER 238.

(S. B. No. 90-Wenstrom.)

CHANGE OF VENUE.

An Act to Amend and Re-enact Section 9037 of the Compiled Laws of North Dakota for the year 1913, relating to places of trial.

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

Sec. 1. AMENDMENT.) That Section 9037 of the Compiled Laws of North Dakota for the year 1913 shall be amended and re-enacted to read as follows:

Sec. 9037. PLACE OF TRIAL, ONE CHANGE.) The place of trial cannot be changed on motion of the same party more than once. When the court orders the place of trial to be changed the action must be transferred for trial to a justice's court the parties may agree upon, and if they do not so agree, then to the next nearest justice's, court in the same county, the location of which has not been changed during the thirty days immediately preceding.

Approved February 7th, 1923.

LICENSING DEPARTMENT

CHAPTER 239.

(H. B. No. 206-Halcrow and Burkhart.)

LICENSING DEPARTMENT.

An Act To Amend and Re-enact Chapter 6, Session Laws of 1919, as Amended by Special Session Laws of 1919, as Amended by Chapter 84 Session Laws of 1921, Relating to the Licensing, Regulating, and Supervising the Licensing and Inspection of Pool and Billard Rooms, Ball and Pin Alleys, Dance Halls, Theaters, Moving Picture Shows, Taxicab or Auto Liveries, Places where Soft Drinks are Retailed or Where Cigars and Tobacco are Sold, or Public Halls, Owned Privately and Used for Public Purposes; Providing Fees Therefor, Inspectors, Office Help and Supplies Thereof; Defining Powers and Duties and Repealing all Acts and Parts of Acts Inconsistent Therewith.

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

Sec. 1. AMENDMENT.) Section 4 of Chapter 84 Session Laws of 1921 is hereby amended an re-enacted so as to read as follows: Sec. 4. APPOINTMENT OF INSPECTORS.) The Attorney General shall be authorized to appoint a state inspector, three deputy state inspectors and investigators and a chief clerk, who shall be a bookkeeper and stenographer to aid him in carrying out the purpose of this Act who shall hold office during the pleasure of the Attorney General, all of whom shall give bond to the State in the sum of $5,000, such bond to be issued in the State Bonding Fund, conditioned for the faithful performance of their duties and the fees thereof to be paid by the Licensing Department into such bonding fund. The State Inspector shall receive a salary of $2400 a year, each deputy inspector and investigator shall receive a salary of $2,000 a year and the chief clerk shall receive a salary of $1,600 a year. The Chief Clerk under the direction of the Attorney General shall have charge of the office including the receiving and disbursement of all money. The State insepector under the direction of the Attorney General shall have charge of inspection, investigations, and law enforcement and shall direct the work of the deputy inspectors and investigators and each such inspector and investigator shall possess all the powers of police officers anywhere in this state, shall have authority to visit and inspect any of the places herein mentioned and as police officers to make arrests for violation of any laws of this state, and shall be authorized to investigate and conduct investigation of any immoral or corrupt practices or violation of laws of this state and places being conducted contrary to law or constitution of this state.

Sec. 2. AMENDMENT.) Section 6 of Chapter 84 Session Laws of 1921 is hereby amended and re-enacted so as to read as follows:

Sec. 6. LICENSE FEE. HOW DISPOSED OF. HOW DISBURSED.) All license fees herein prescribed shall be paid to the Chief Clerk under the direction and supervision of the Attorney General and by said Chief Clerk paid promptly to the State Treasurer, who shall keep all such moneys in a special fund to be known as the Attorney General Inspector License Fund. Out of this fund shall be paid all salaries and expenses of the Attorney General incurred in carrying out, maintaining and enforcing the provisions of this act, all of which shall be paid monthly upon warrant and voucher drawn and audited by the auditing board as now provided by law. Provided, however, that such salary and expenses shall be payable only out of such fund and shall not be in excess thereof. Provided, further, that there shall be paid out, of such Attorney General Inspector License Fund to the Treasurer of each and all incorporated cities and villages a sum equal to 70% of the amount collected from such places licensed in such city or village and the Attorney General is hereby authorized to issue vouchers for such amounts directed to such treasurers on the first day of each month for such amounts as have been collect