CHAPTER 340.

(H. B. No. 47-Sproul, by Request.)

VILLAGE TRUSTEES.

An Act to Amend and Re-enact Section 3854 of the Compiled Laws of North Dakota of 1913, Providing for the election and Terms of Office of Village Officials.

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

Sec. 1. AMENDMENT.) Section 3854 of the Compiled Laws of North Dakota of the year 1913 is hereby amended and reenacted to read as follows:

Sec. 3854. VILLAGE OFFICERS TO BE ELECTED. TERMS OF OFFICE. COMPENSATION.) There shall be elected at the first annual village election of each village, held after the taking effect of this act, one Trustee from each district in such village. Those Trustees elected from the even numbered districts of such village shall hold office until the third Tuesday in March of the next year thereafter, or until a successor is elected and qualified; those Trustees elected from the odd numbered districts of such village shall hold office until the third Tuesday of March of the second year following, or until a successor is elected and qualified. Thereafter all such Trustees elected shall hold office until the third Tuesday in March of the second year following their election or until a successor is elected and qualified. Such village Trustee shall receive as compensation for services two dollars ($2.00) for each meeting actually attended, but not to exceed twenty-five ($25.00) as such compensation for any one year of such term of office. There shall also be elected at each such annual village election, a Village Clerk, Assessor, Treasurer, Marshal and Justice of the Peace who shall respectively hold their offices until the Third Tuesday in March next following, or until their successors are elected and qualified; provided, however, that nothing herein contained shall prevent the respective offices of Clerk, Treasurer, Assessor and Marshal from being held by one and the same person.

Approved February 5th, 1923.

CHAPTER 341.

(H. B. No. 180-Burns.)

FIRE PROTECTION IN UNINCORPORATED VILLAGES.

An Act Providing for a Tax Levy in Unincorporated Villages for the Purpose of Purchasing and Maintaining Adequate Apparatus for the Extinguishment of Fires, and Maintaining a Fire Department.

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

Sec. 1.) Whenever 65% of the resident owners of real estate in any unincorporated village petition the Board of Supervisors of the township in which it is situated to levy a tax upon all property within said village for the purpose of purchasing and maintaining apparatus for the extinguishment of fires and for the purpose of maintaining an adequate fire department, it shall be the duty of said supervisors to determine and fix the amount necessary for said purposes and at the time the general township tax levy is made, levy upon all property within said village, the amount fixed by them.

Sec. 2.) The amount so levied shall be certified at the time of certifying other township taxes, by the proper authority to the county auditor, who shall calculate and fix the rate per cent necessary to raise that sum, and extend the same upon the tax list of such township against the property within said village, in a column therein to be provided, headed "Village Fire Protection Fund."

Sec. 3.) The tax so levied shall be collected and paid over as other township taxes are collected and paid, and the treasurer of the township shall keep a separate account thereof.

Sec. 4.) The fund herein provided shall be expended by the Board of Supervisors at such time and in such manner as is by said board deemed best to secure proper and adequate protection from fire hazards; provided, however, that no expenditure shall be authorized until approved by the village fire department.

Payments from said fund shall be by warrants drawn upon the township treasurer, and based upon verified, itemized bills.

Sec. 5. EMERGENCY.) This Act is hereby declared to be an emergency measure and shall be in full force and effect from and after its passage and approval.

Approved February 27th, 1923.

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WAREHOUSES

CHAPTER 342.

(H. B. No. 133-Корр.)

INSURANCE OF STORED GRAIN.

An Act to Amend and Re-enact Section 3116 of the Compiled Laws of North Dakota for the year 1913.

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

Sec. 1. AMENDMENT.) That Section 3116 is hereby Amended and Re-enacted to read as follows:

Sec. 3116. RATES OF STORAGE.) The charges for Storage and handling of grain shall not exceed the following rates: For Receiving, elevating, insuring, delivering and twenty days' storage, two cents per bushel. Storage rates after the first twenty days, one-half cent per bushel for each fifteen days or fraction thereof, and not exceeding five cents per bushel for six months.

All grain whether on storage ticket or on deposit with the warehouse man shall be kept insured at the expense of such warehouse man for the benefit of the owner.

Approved February 27th, 1923.

CHAPTER 343.

(S. B. No. 34-Kaldor.)

ABSTRACT OF CROP LIENS.

An Act to Amend and Re-enact Section 1 of Chapter 89 of the Session Laws of 1921, relating to the furnishing by the Register of Deeds of each county to elevators making application and paying the fee provided therefor, of an abstract of all mortgages and liens upon grain grown during each year, and filed in the office of the Register of Deeds.

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

Sec. 1. AMENDMENT.) Section 1 of Chapter 89 of the Laws passed by the Seventeenth Legislative Assembly of the State of North Dakota for the year 1921, is hereby amended and re-enacted to read as follows:

Sec. 1. APPLICATION.) Any elevator company doing business in this state may annually make written application to the Register of Deeds for an abstract of all mortgages and liens upon grains grown during the year within the county. Such application shall be made prior to June 1st in each year and shall state the name of the elevator and the post office address thereof and shall be accompanied by a fee, in counties wherein the number of such liens so abstracted in the preceding calendar year did not exceed 2,500, of $5.00; in counties where more than 2,500 and not to exceed 5,000 were so abstracted a fee of $10.00; and in counties where more than 5,000 liens were so abstracted a fee of $15.00, to be turned over by the Register of Deeds to the County Treasurer, who shall credit the same to the county general fund.

Sec. 2. EMERGENCY.) An emergency is hereby declared to exist. Therefore this act shall take effect and be in force from and after its passage and approval.

Approved February 19th, 1923.

WEIGHTS AND MEASURES

CHAPTER 344.

(S. B. No. 387-Stevens, Kaldor and Murphy.)

INSPECTION OF WEIGHTS AND MEASURES.

An Act Designating the Sheriff of the Different Counties in the State as Inspectors and Sealers of Weights and Measures, and Giving him power to Appoint a Deputy Inspector; Prescribing his Powers and Duties; Defining the Standard of Weights and Measures; Prescribing Fees to be Charged for Inspection; Providing for Complaints and Penalties for its Violation; Providing for Inspector's Compensation; Naming Custodian of State Standards and Prescribing his Duties; and Repealing Sections 2999, 3000, 3003, 3004, 3005, of the Compiled Laws of North Dakota for 1913 and Chapter 241 of the Session Laws of North Dakota for the year 1919.

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

Sec. 1. The sheriff of each county within the state shall be the inspector and sealer of weights and measures. He shall have power to appoint a deputy to perform the duties. hereinafter provided, who must be a person qualified by experience and training to intelligently perform the same, but he may be a regular deputy sheriff provided he has the qualifications above described. The deputy shall have the same power and perform the same duties under this article as the inspector and sealer, and shall take and subscribe the oath required by other county officers.

Sec. 2. The inspector and sealer or his deputy shall once in each year, test all weights and measures, scale beams, patent balances, steelyards and other instruments used in weighing or measuring any commodity sold by weight or measure in his county by the duplicates of said weights and measures as hereinafter provided; provided, the inspector of weights and measures or his deputy may test wagon scales oftener than once each year if he has reason to believe that the same are not weighing correctly. He shall give to the person in charge of such weights or measures a certificate of the correction thereof, if found to be correct, and if found to be incorrect, he shall cause the same to be corrected, if he can, and if not he shall mark the same "condemned" and in case of short weights or measures that cannot be corrected he shall condemn, confiscate and keep the same for evidence. He shall keep a record of all such certificates issued by him and of all his transactions under this article, and shall file with the county auditor during the month of December of each year's statement showing the date of examination and giving the names of the persons, firms or corporations whose scales, weights and measures have been by him examined, and setting out against such names an enumeration of any scales, weights or measures by him so condemned.

Sec. 3. The standard of weights and measures shall be the standard adopted by the government of the United States, and any person who knowingly uses for the purpose of purchase or sale or keeps for public use a weight, measure, scale, balance or beam, which does not conform to the standard of weights and measures adopted by the state, or who alters a weight, measure, scale, balance or beam after it has been adjusted and sealed so that it does not conform to such standard and fraudulently makes use thereof, shall be fined for each offense fifty dollars.

Sec. 4. The board of county commissioners of each county shall purchase such duplicates of weights and measures enumerated in Section 10 of this act, as are deemed necessary for the use of the inspector in the carrying out of the provisions of this article, which duplicates shall be paid for by the county and be delivered to the inspector, who shall be responsible to the county under his bond as sheriff for their delivery to his successor in office.

Sec. 5. The inspector of weights and measures shall demand and receive for the inspection herein provided for, and the furnishing to the person whose weights and measures are inspected, a certificate of such inspection, the following fees, which fees shall belong to the inspector and need not be turned over to the county: