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be released or paroled or discharged after the expiration of the minimum term of the sentence. Such determination, however shall be made in each particular case and a complete record shall be kept of all the findings and orders of the Board. It shall be the duty of the Board of Pardons to provide books of record, application blanks, and to formulate rules and regulations governing the conduct of the inmates, and the manner in which they may become eligible to become applicants for discharge or parole. Applications for parole may be considered at any regular meeting of the Board of Pardons or at any special meeting called by the Governor. The Board of Pardons shall keep a complete record of all inmates discharged or paroled, and make a biennial report to the Board of Administration of all rules adopted, and of inmates paroled and discharged, and of all statistics pertaining thereto.

Sec. 4. All Acts and parts of Acts in conflict herewith are hereby repealed. Approved March 5th, 1923.

CHAPTER 263.

(H. B. No. 138-Harrington.)

PARDON OF MURDERER.

An Act to Amend and Re-enact Chapter 95 of the Session Laws of North Dakota for 1921, Being an Act to Amend and Re-enact Section 2 of Chapter 63, Session Laws of North Dakota for 1915, Prescribing and Limiting Punishment of the Crime of Murder in the First Degree and Limiting the Time, Manner and Condition Whereby such Person may be Pardoned.

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

Sec. 1. AMENDMENT.) That Chapter 95 of the Session Laws of North Dakota for 1921 is hereby amended and re-enacted to read as follows:

Sec. 2. PERSON CONVICTED AND UNDER SENTENCE OF MURDER IN THE FIRST DEGREE WHEN SUBJECT TO PARDON.) No person hereafter or heretofore convicted of murder in the first degree shall be eligible to pardon, commutation of sentence or parole until after he shall have been confined in the State Penitentiary for at least fifty per cent of the time of his life expectancy, to be determined on the day and date of his age on the date of entry of final judgment of conviction, and such life expectancy shall be based on the life expectancy tables known as the Carlisle tables of mortality, or unless it shall be made to appear to the satisfaction of the Pardon Board that the person convicted is innocent of the charge for which he was convicted, or it shall be made to appear to the satisfaction of the Pardon Board that the person was convicted on a plea of guilty and did not directly commit the act constituting the offense, and that the indirect act committed by said person, which made him a principal in said crime by virtue of the provisions of Section 9218, Compiled Laws for 1913, was done by him without intent and knowledge that the crime for which he was convicted would be committed.

Approved March 1st, 1923.

PARTNERSHIP

CHAPTER 264.

(S. B. No. 378-Baird.)

PARTNERSHIP EXEMPTIONS.

An Act to Amend and Re-enact Section 7741 of the Compiled Laws of 1913 as Amended and Re-enacted by Chapter 156 of the Session Laws of 1915 Relating to Partnership Exemptions.

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

Sec. 1. AMENDMENT.) That Secton 7741 of the Compiled Laws of North Dakota for 1913 as amended and re-enacted by Chapter 156 of the Session Laws of 1915, be amended and re-enacted to read as follows:

Sec. 7741. PARTNERSHIPS CAN CLAIM BUT ONE EXEMPTION.) A partnership firm can claim but one exemption of one thousand dollars ($1,000.00) in value or alternative property when so applicable, instead thereof, out of the partnership property. All partnership property claimed as exempt shall constitute a part of the exemptions of the several partners the same being divided in proportion to the interests of the partners in the firm assets, and in no case shall the aggregate exemptions of the several partners exceed the amount which would have been allowed to them if the partnership had not existed.

Approved March 1st, 1923.

PERJURY

CHAPTER 265.

(S. B. No. 232-Stevens.)

OATH.

An Act to Amend and Re-enact Section 9367 of the Compiled Laws of North Dakota for the year 1913, Relating to the Prescribing of an Oath.

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

Sec. 1. AMENDMENT.) That Section 9367 of the Compiled Laws of North Dakota for the year 1913 be amended and re-enacted to read as follows:

Sec. 9367. OATH DEFINED.) The term oath as used in Sec tion 9366 of the Compiled Laws of 1913, includes an affirmation and every other mode of attesting the truth of that which is stated, which is authorized by law, and the signing of any writing purporting to be made under oath, in the presence of an officer authorized to administer oaths, or the acknowledgment of the signing thereof, to or before any such officer, or the presentation thereof to such officer by the person signing or by his direction to be authenticated as an oath, shall be deemed to be the taking of an oath within the meaning of said section and the certificate of the officer purporting to take such oath shall be prima facie evidence of the taking thereof.

Approved March 1st, 1923.

PISTOLS AND REVOLVERS

CHAPTER 266.

(S. B. No. 256-McLachlin.)

PISTOLS AND REVOLVERS.

An Act To Control the Possession, sale, and use of pistols and revolvers, to provide penalties, and for other purposes.

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

Sec. 1. DEFINITION.) "Pistol or revolver," as used in this Act, shall be contrued as meaning any firearm with barrel less than twelve inches in length.

Ѕес. 2. СомMITTING CRIME WHEN ARMED.) If any person shall commit or attempt to commit a crime when armed with a pistol or revolver, and having no permit to carry the same, he shall be in addition to the punishment provided for the crime, be punished by imprisonment for not less than ten years.

Sec. 3. PUNISHMENT.) The judge shall have the power to sentence any person who may be convicted for a second or third offense under section 2 of this Act, to double and triple the penalty imposed thereby, and for a fourth offense the person so convicted may be sentenced to life imprisonment.

Sec. 4. BEING ARMED PRIMA FACIE EVIDENCE OF INTENTION.) In the trial of a person for the commission of a felony or of an attempt to commit a felony against the person of another, the fact that he was armed with a pistol or revolver and having no permit to carry the same shall be prima facie evidence of his intention to commit said felony.

Sec. 5. ALIENS AND CRIMINALS MUST NOT POSSESS ARMS.) No unnaturalized foreign-born person and no person who has been convicted of a felony against the person or property of another or against the Government of the United States or of any State or subdivision thereof, shall own or have in his possession or under his control, a pistol or revolver. Violations of this section shall be punished by imprisonment for not to exceed five years.

Sec. 6. CARRYING PISTOL CONCEALED.) No person shall carry a pistol or revolver concealed in any vehicle or in any package, satchel, grip, suit case or carry in any way or upon his person, except in his dwelling house or place of business, without a license therefor as hereinafter provided. Violations of this section shall be punished by imprisonment for not less than one year, and upon conviction the pistol or revolver shall be confiscated and destroyed.

Sec. 7. EXCEPTIONS.) The provisions of the preceding section shall not apply to marshals, sheriffs, policemen, or other duly appointed peace officers, nor to the regular and ordinary transportation of pistols or revolvers as merchandise, nor to members of the Army, Navy or Marine Corps of the United States, or the National Guard, when on duty, or organizations by law authorized to purchase or receive such weapons from the United States, or this State, nor to duly authorized military or civil organizations when parading, nor to the members thereof when at or going to or from their customary places of assembly.

Sec. 8. ISSUE OF LICENSES TO CARRY.) The justice of a court of record, the chief of police of a city or town and the sheriff of a county, or persons authorized by any of them shall upon the application of any persons having a bona fide residence or place of business within the jurisdiction of said licensing authority, or of any person having a bona fide residence or place of business within the United States and a license to carry a fire arm concealed upon his person issued by the authorities of any State or sub-division of the United States, issue a license to such person to carry a pistol or revolver within this State for not more than one year from date of issue, if it appears that the applicant has good reason to fear an injury to his person or property or for any other proper purpose, and that he is a suitable person to be so licensed. The license shall be in triplicate, in form to be prescrived by the Secretary of State, and shall bear the name, address, description, and signature of the licensee and the reason given for desiring a license. The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent by registered mail to the Secretary of State, and the triplicate shall be preserved for six years by the authority issuing said license.

Sec. 9. SELLING TO MINORS.) Any person or persons who shall sell, barter, hire, lend or give to any minor under the age of eighteen years any pistol or revolver shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be fined not less than $100, nor more than $1,000, or be imprisoned not less than three months, nor more than one year, or both.

Sec. 10. SALES REGULATED.) No person shall sell, deliver, or otherwise transfer a pistol or revolver to a person who he has reasonable cause to believe either is an unnaturalized foreign born person or has been convicted of a felony against the person or property of another, or against the Government of the United States or any State or subdivision thereof, nor in any event shall he deliver a pistol or revolver on the day of the application for the purchase thereof, and when delivered, said pistol or revolver shall be sécurely wrapped and shall be unloaded. Before a delivery be made the purchaser shall sign in triplicate and deliver to the seller a statement containing his full name, address, oсcupation, and nationality, the date of sale, the caliber, make, model, and manufacturer's number of the weapon. The seller shall, within seven days, sign and forward by registered mail one copy thereof to the Secretary of State, and one copy thereof to the chief of police of the city or town, or the sheriff of the county of which the seller is a resident, and shall retain the other copy for six years. This section shall not apply to sales at wholesale. Where neither party to the transaction holds a dealer's license, no person shall sell or otherwise transfer a pistol or revolver to any person not personally known to him. Violations of this section shall be punished by a fine of not less than $100 or by

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