the owner or lessee of the aircraft or the aeronaut shall be liable, as provided in Section 5. Sec. 5. DAMAGE ON LAND.) The owner of every aircraft which is operated over the lands or waters of this State is absolutely liable for injuries to persons or property on the land or water beneath, caused by the ascent, descent or flight of the aircraft, or the dropping or falling of any object therefrom, whether such owner was negligent or not, unless the injury is caused in whole or in part by the negligence of the person injured, or of the owner or bailee of the property injured. If the aircraft is leased at the time of the injury to person or property, both owner and lessee shall be liable, and they may be sued jointly, or either or both of them may be sued separately. An aeronaut who is not the owner or lessee shall be liable only for the consequences of his own negligence. The injured person, or owner or bailee of the injured property, shall have a lien on the aircraft causing the injury to the extent of the damage caused by the aircraft or objects falling from it. Sec. 6. COLLISION OF AIRCRAFT.) The liability of the owner of one aircraft to the owner of another aircraft, or to aeronauts or passengers on either aircraft, for damage caused by collision on land or in the air, shall be determined by the rules of law applicable to torts on land. Sec. 7. JURISDICTION OVER CRIMES AND TORTS.) All crimes, torts, and other wrongs committed by or against an aeronaut or passenger while in flight over this State shall be governed by the laws of this State; and the question whether damage occasioned by or to an aircraft while in flight over this State constitutes a tort, crime or other wrong by or against the owner of such aircraft, shall be determined by the laws of this State. Sec. 8. JURISDICTION OVER CONTRACTS.) All contractual and other legal relations entered into by aeronauts or passengers while in flight over this State shall have the same effect as if entered into on the land or water beneath. Sec. 9. DANGEROUS FLYING A MISDEMEANOR.) Any aeronaut or passenger who, while in flight over a thickly inhabited area or over a public gathering within this State, shall engage in trick or acrobatic flying, or in any acrobatic feat, or shall, except while in landing or taking off, fly at such a low level as to endanger the persons on the surface beneath, or drop any object except loose water or loose sand ballast, shall be guilty of a misdemeanor and punishable by a fine of not more than $500.00 or imprisonment for not more than one year or both. Sec. 10. HUNTING FROM AIRCRAFT A MISDEMEANOR.) Any aeronaut or passenger who, while in flight within this State, shall intentionally kill or attempt to kill any birds or animals shall be guilty of a misdemeanor and punishable by a fine of not more than $100.00, or by imprisonment for not more than thirty days, or both. Sec. 11 UNIFORMITY OF INTERPRETATION.) This Act shall be so interpretated 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 aeronautics. Sec. 12. SHORT TITLE.) This Act may be cited as the Uniform State Law for Aeronautics. Sec. 13. REPEAL.) All Acts or parts of Acts which are inconsistent with the provisions of this Act are hereby repealed. Approved February 5th, 1923. APPROPRIATIONS CHAPTER 2. (S. B. No. 346-Fleckten and Miklethun.) PROHIBITING THE CREATION OF DEFICITS. An Act Prohibiting the creation of deficits by state officials, state boards and heads of state institutions, and prescribing a penalty for the violation of this act. Be It Enacted by the Legislative Assembly of the State of North Dakota: Sec. 1. It shall be unlawful for any state official, or state board or the head of any state institution to spend more money than is appropriated by the State Legislature for the biennium, and any debt or deficit created in excess of such appropriation shall be absolutely void; provided, that in case of an emergency any state official, state board or head of any state institution may apply to the State Emergency Board for funds to be transferred to it out of the Contingency Fund. Sec. 2. Any state official, or member of the state board, or the head of any state institution or state department violating any of the provisions of Section 1 hereof shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10.00 nor more than $100.00 or by imprisonment in the county jail for not less than ten days nor more than thirty days, or by both such fine and imprisonment in discretion of the court. Approved March 1st, 1923. CHAPTER 3. (S. B. No. 102-Committee on Appropriations.) ACTIONS TO RELEASE INSANE. An Act Making an Appropriation to Provide Funds to pay the Necessary Expenses and Reasonable Compensation to Commissioners Appointed in Actions to Release Insane Patients as Prescribed by Section 2562 of the Compiled Laws of 1913 for North Dakota. Be It Enacted by the Legislative Assembly of the State of North Dakota: Sec. 1. APPROPRIATION.) There is hereby appropriated out of any funds in the State Treasury not otherwise appropriated the sum of $300.00, for the biennium, or so much thereof as may be necessary to pay the expenses and reasonable compensation to commissioners appointed in actions to release insane patients as provided for under Section 2562 of the Compiled Laws for 1913 for North Dakota. Approved March 2nd, 1923. CHAPTER 4. (S. B. No. 121-Appropriation Committee) ACTIONS TO RELEASE INSANE, DEFICIT. An Act Making an Appropriation to Provide for the Payment of an Existing Deficit in the Actions to Release Insane Patients. Be It Enacted by the Legislative Assembly of the State of North Dakota: Sec. 1. APPROPRIATION.) There is hereby appropriated out of any monies in the State Treasury, not otherwise appropriated, the sum of $200.00, for the purpose of paying an existing deficit in the Actions to Release Insane Patients Fund. Sec. 2. EMERGENCY.) This Act is hereby declared an emer gency measure and shall take effect and be in force from and after its passage and approval. Approved February 19th, 1923. CHAPTER 5. (H. B. No. 253-Committee on Appropriations) DEMONSTRATION FARMS, REPEAL. An Act to Repeal Section 1623 of the Compiled Laws of North Dakota for the year 1913, Relating to Demonstration Farms. Be It Enacted by the Legislative Assembly of the State of North Dakota: Sec. 1. REPEAL.) That Section 1623 of the Compiled Laws of North Dakota for the year 1913 be and the same is hereby repealed. Approved February 27th, 1923. CHAPTER 6. (S. B. No. 157-Appropriations Committee.) AGRICULTURAL COLLEGE. An Act Making an Appropriation of $559,044.00 to Pay the General Maintenance, Improvements and Repairs, New Buildings, and Equipment of the Agricultural College, Fargo, for the biennium. PARTIAL VETO. To the Honorable Secretary of State: March 10, 1923 I file herewith Senate Bill No. 157, being an act making an appropriation of $559.044.00 to pay the general maintenance, improvements and repairs, new buildings, and equipment of the AGRICULTURAL COLLEGE, Fargo, for the biennium, with my approval except as to the following items: Additional instructors, all departments, to care for increased enrollment Publicity Miscellaneous expense Improvements and repairs, Chemistry Bldg. $29,525 8,600 3,200 2,000 $43,325 or a total of vetoed for the reason that the appropriations of the legislature exceed the available income, and for the further reason that the greater share of the service contemplated by the items thus vetoed can be taken care of out of institutional fees and collections. Very respectfully, R. A. NESTOS, Governor. Be It Enacted by the Legislative Assembly of the State of North Dakota: Sec. 1. APPROPRIATION.) There is hereby appropriated out of any funds in the State Treasury, not otherwise appropriated, the sum of $559,044.00, for the biennium, or so much thereof as may be necessary to pay the general maintenance, improvements and repairs, new buildings and equipment of the Agricultural College, Fargo, as follows; |