All claims for moneys expended by the state highway commission under the provisions of this article shall be paid by the state treasurer upon the presentation of properly prepared vouchers approved by the secretary of the state highway commission.

§ 12. Section 2976p of the Compiled Laws of North Dakota for the year 1913 is hereby amended to read as follows:

§ 2976p. LICENSE MONEY To be Expended for Repairs AND MAINTENANCE OF HIGHWAYS.] The money received by each county from this source shall be expended only for the repair and dragging of highways within the county, under the direction of the county board of commissioners, provided, that upon the application of any township which levies 50 cents on each $100.00 valuation based on last prior valuation or more for road purposes, the county commissioners shall credit such township with a sum of money not to exceed five ($5.00) dollars per mile, to be used in dragging the roads of said township, provided there are sufficient funds available for this purpose; otherwise the money shall be pro-rated between the townships making application therefor. No township shall receive more than fifty ($50.00) dollars under the provisions of this section, in any one year. Provided, further, that none of this money shall be expended within the limits of any incorporated city or village.

§ 13. Section 1946 of the Compiled Laws of North Dakota for the year 1913, as amended by Chapter 108 of the Session Laws of 1915, is hereby amended to read as follows:

§ 1946. FUND. HOW EXPENDED.] Such fund shall be expended only for road machinery and in grading, ditching and surfacing in proper form and condition for public travel, and dragging at proper times, such highways or parts of highways, howsoever established, as constitute the principal thoroughfares of the county, communicating with shipping points and market places resorted to by inhabitants of the county, for which the means otherwise provided are not, in the opinion of the county commissioners, sufficient; or the whole of said sum or any part thereof may be expended in co-operation with the state highway commission.

14. REPEAL.] Sections 602 to 607 inclusive, of the Compiled Laws of North Dakota for the year 1913, and all other Acts and parts of Acts in conflict herewith are hereby repealed.

EMERGENCY.] Whereas it is highly necessary and expedient that this law shall go into immediate operation, owing to the fact that nearly all owners of motor vehicles apply for registration prior to July 1st, and owing to the further circumstance that if this Act does not go into effect before July 1st there will not be sufficient money available in the state treasury to enable the state to comply with the requirements of the Federal law providing Federal aid for the construction and maintenance of roads, therefore, an emergency exists and this Act is hereby declared to be necessary for the immediate preservation of the public peace,

health, and safety, and shall go into effect and be in force from and after its passage and approval.

Approved March 5, 1917.

HOMESTEADS

CHAPTER 132.

[H. B. No. 98-Maxwell.]

CONFIRMATION OF CONVEYANCE OF THE FAMILY HOMESTEAD. An Act to Re-enact Section 5517 of the Compiled Laws of North Dakota for the year 1913, Relating to the Confirmation of the Conveyance of the Family Homestead in any Case in which the same has been Deeded by both Husband and wife in Separate Instruments which Purport to Convey the Land to the Same Person, or his Grantees, and Validating such Deeds.

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

§ 1. That Section 5517 of the Compiled Laws of North Dakota for the year 1913 is hereby re-enacted to read as follows:

§ 5517. SEPARATE DEEDS OF HUSBAND AND WIFE TO SAME PROPERTY LEGALIZED.] In all cases where a married man or woman has heretofore conveyed real property which may have been the homestead of himself or herself, or family, by a deed duly signed and acknowledged, but not signed by the wife or husband of such grantor, and such wife or husband either before or after, by a deed duly signed and acknowledged, conveys same real estate to the same grantee or a subsequent grantee from him, this conveyance by such separate deeds shall be valid and effectual to pass the title to such grantee or subsequent grantee, the same as if the conveyance had been made by a single instrument duly executed and acknowledged by both husband and wife.

Approved February 20, 1917.

HOTELS

CHAPTER 133.

[H. B. No. 24-Peterson of Towner.]

HOTEL INSPECTOR.

An Act to Amend and Re-enact Section 2986 of the Compiled Laws of North Dakota for 1913, Relating to the Appointment of and Duties of the Inspector of Hotels and Making the Duties of the Inspector the Work of the Food Commissioner at the Agricultural College.

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

§ 1. AMENDMENT.] That Section 2986 of the Compiled Laws of North Dakota for 1913 is hereby amended and re-enacted to read as follows:

DUTIES.

§ 2986. INSPECTOR OF HOTELS. APPOINTMENT. BOND.] For the purpose of carrying into effect the provisions of this article it shall be the duty of the Food Commissioner at the Agricultural College at Fargo and his duly appointed inspectors to perform all the duties of the "Inspector of Hotels" and to enforce the Hotel Inspection Law as provided for in Article 57 of the Political Code of the Compiled Laws of North Dakota for the year 1913, as amended by Chapter 170, Session Laws of 1915. The said Food Commissioner as Inspector of Hotels shall give bond to the state in the penal sum of $5,000 conditioned for the faithful performance of his official duties. Whenever in this article the term "Inspector" is employed, the duties shall be performed by the Food Commissioner and his inspectors as hereinbefore provided. The field inspectors of hotels shall be appointed from the Food Inspection staff by the Food Commissioner with the approval of the State Board of Regents, and shall receive such salary as the Board of Regents recommends.

§ 2. EMERGENCY.] An emergency is hereby declared to exist in that no proper provision is made for the enforcement of the said law after the first Monday in January, and this Act is therefore necessary for the immediate preservation of public health and safety, and shall take effect and be in force from and after its passage and approval.

Approved February 27, 1917.

INTOXICATING LIQUORS

CHAPTER 134.

[S. B. No. 85-Heckle.]

CARRYING INTOXICATING LIQUORS.

An Act Amending Section 10136 of the 1913 Compiled Laws, Making it Unlawful to Receive, Carry or Deliver any Intoxicating Liquors to or for any Person within or into this State for Any Purpose and Prescribing the Procedure for Enjoining Such Receipt, Carrying or Delivery of Intoxicating Liquors by an Action in Equity.

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

§ 1. AMENDMENT.] Section 10136 of the Compiled Laws of 1913 is hereby amended to read as follows:

§ 10136. Any officer, agent, or employe of a railroad company, express company or other common carrier or other person engaged in the dray business, livery business or any private person who shall knowingly receive, carry or deliver, directly or indirectly, any intoxicating liquors to or for any person within this state or into this state to be used in violation of any law of this state or to be used for sale, gift or barter as a beverage, or to be kept for sale, gift or barter as a beverage, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than One Hundred Dollars nor more than Five Hundred Dollars and be imprisoned in the county jail not less than sixty days nor more than one hundred twenty days.

§ 2. It shall be and constitute a common nuisance for any officer, agent or employe of any railroad company, express company or other common carrier or for any person engaged in the dray business, livery business or for any private person to knowingly receive, carry or deliver directly or indirectly, any intoxicating liquors to or for any person within this state, or into this state, to be used in violation of any law of this state, or to be used for sale, gift or barter as a beverage; and if, in a criminal or equitable action, it is established and found by a court or jury that any of the acts prohibited by section one of this Act have been committed, then upon the application of the Attorney General, his assistants, or of the State's Attorney of the proper county, the district court shall issue its injunctional order enjoining and restraining the person found guilty of having committed any of such prohibited acts from receiving, carrying or delivering directly or indirectly, any intoxicating liquors to or for any person within this state or into this state to be used for any of the purposes above mentioned and in the event that such person is the officer, agent or employe

of any railroad company, express company or other common carrier, then it shall be the duty of the district court to issue its injunctional order against such railroad company, express company or other common carrier restraining and enjoining it and all of its officers, agents or employes within this state from receiving, carrying or delivering, directly or indirectly, any intoxicating liquors to or for any person within this state or into this state for any of the purposes above specified for a period of one year from the date of the service of such injunctional order.

3. The application to the district court mentioned in the preceding section shall be made in the form of a civil action in the district court in the name of the State of North Dakota and the injunction may be granted at the commencement of action in the usual manner of granting injunctions except that the complaint may be verified by the attorney general, his assistants, or the state's attorney as the case may be upon information and belief and no bond shall be required and such complaint shall contain a concise statement of the facts established in either a criminal or civil action and proofs that such acts were so established shall be prima facie evidence thereof, provided, that it shall be sufficient to maintain such action that the complaint states facts sufficient to constitute a common nuisance as defined in the foregoing section, although not previously established in a criminal or civil action.

§ 4. If in such action it shall be established that any person has committed any one or more of the acts prohibited in section one of this Act, the court shall issue its injunctional order as provided in section two of this Act to continue in force for a period of one year from the date of the service thereof and in cases where an injunctional order was issued at the commencement of the action such order shall be ordered continued in force for a period of one year from the date of its service.

§ 5. Any person violating the terms of any injunction granted in such proceedings shall be punished for contempt for the first offense by a fine of not less than One Hundred Dollars nor more than One Thousand Dollars and by imprisonment in the county jail for not less than sixty days nor more than one year, and for the second and each successive offense of contempt by imprisonment in the penitentiary not exceeding two years and not less than one year in the discretion of the court or judge thereof. In contempt proceedings arising out of the violation of any injunction granted under the provisions of this Act, the court, or in vacation, the judge thereof, shall have the power to try summarily and punish the party or parties guilty as required by law. Process shall run in the name of the State of North Dakota. The affidavits upon which the attachment for contempt issues shall make a prima facie case for the state. The accused may plead in the same manner as on information or indictment, in so far as the same is applicable. Evidence may be oral or in the form of affidavits or both; the defendant may be required to make answer to interro