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first having registered their product, or who fails to include in the trade-mark, as provided for, his license number or who uses a license number not assigned to him, or who uses the trade-mark upon an article not conforming with the standards as provided for, is guilty of a misdemeanor and shall be fined for the first offense from $10.00 to $100.00, together with all costs; for the second offense the fine shall not be less than $100.00 nor more than $1,000.00, together with costs, or sixty (60) days in jail, or both, at the discretion of the court.

10. INVESTIGATIONS.] It shall be the duty of the Food Commissioner or his authorized deputies to make investigations to determine the character of the products offered for sale in the state or which are shipped from the state under the North Dakota trade-mark, and the information so gathered shall be published from time to time as bulletins, and the said Food Commissioner shall make an annual report accounting for all funds for each fiscal year and give a list of all products licensed together with the name, address and license number assigned.

§ 11. STANDING APPROPRIATION.] All moneys which shall come into the Food Commissioner on account of the Trade-mark law and the licenses thereunder for North Dakota, or so much thereof as may be necessary, are hereby annually appropriated for the payment of the salaries, fees, and expenses provided for in this article to be disbursed on the order of the Food Commissioner; and all such moneys so received shall be paid at the end of each month by the Food Commissioner into the hands of the Treasurer of the Agricultural College. Any unused portion at the end of the year shall remain and be known as the "Trade-Mark Fund" to be used for the purpose of investigation and publishing the information with regard to the products and standards used in connection therewith. And for this purpose the Food Commissioner is authorized to publish bulletins giving information by him deemed of value to the general public.

Approved February 10, 1917.

TRADING STAMPS

CHAPTER 238.

[H. B. No. 427—Cole.]

TRADING STAMPS.

An Act relating to and Regulating the use and Furnishing of Trading Stamps or other Similar Schemes or Devices or Substitutes therefor, for or with the Sale of Goods, Wares and Merchandise and Providing a Penalty for Violation Thereof.

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

§ 1. Every person, firm or corporation who shall use, and every person, firm or corporation who shall furnish to any other person, firm or corporation to use in, with or for the sale of any goods, wares, or merchandise, any stamps, coupons, tickets, certificates, cards, or other similar schemes or devices which shall entitle the purchaser receiving the same with such sale of goods, wares or merchandise to procure from any person, firm or corporation any goods, wares or merchandise, free of charge or for less than the retail market price thereof, upon the production of any number of said stamps, coupons, tickets, certificates, cards, or other similar devices, shall before so furnishing, selling or using the same obtain a separate license from the Auditor of each county wherein such furnishing or selling or using shall take place for each and every store or place of business in that County, owned or conducted by such person, firm or corporation from which such furnishing or selling, or in which such using, shall take place. Provided that this act shall not apply to using or furnishing coupons, tickets, certificates, cards or similar devices contained in or attached to the original package of said goods, wares or merchandise, by the manufacturer, jobber, distributor or packer thereof, and directly redeemable by the manufacturer, jobber, distributor, packer or retailer of such goods, wares or merchandise.

§ 2. In order to obtain such license, the person, firm or corporation applying therefor shall pay to the County Treasurer of the County for which such license is sought the sum of six thousand dollars, and upon such payment being made to the County Treasurer he shall issue his receipt therefor which shall be presented to the Auditor of the same county, who shall upon the presentation thereof issue to the person, firm or corporation making such payment a license to furnish or sell, or a license to use, for one year, the stamps, coupons, tickets, certificates, cards, or other similar devices mentioned in Section 1 of this Act. Such license shall contain the name of the grantee thereof, the date of issue, the date of

its expiration, the town or city in which and the location at which the same shall be used, and such license shall be used at no place other than that mentioned therein.

§ 3. No person, firm or corporation shall furnish or sell to any other person, firm or corporation, to use, in, with, or for the sale of any goods, wares, or merchandise, any such stamps, coupons, tickets, certificates, cards, or other similar devices for use in any town, city or county in this State other than that in which such furnishing or selling shall take place.

§ 4. Any person, firm or corporation violating any of the provisions of this Act shall be guilty of a misdemeanor. Approved March 15, 1917.

TRANSFER OF PROPERTY

CHAPTER 239.

[H. B. No. 194-Tenneson.]

INSTRUMENTS AFFECTING REAL AND PERSONAL PROPERTY.

An Act Requiring an Instrument Affecting Real and Personal Property, Executed by or taken in a Representative Capacity, to Identify the Beneficiary and the Nature of the Trust.

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

1.

All instruments relating to real and personal property which have heretofore or which shall hereafter be executed by or to any person as trustee, guardian, executor, administrator, or in any other representative capacity, and which shall fail to clearly identify the beneficiary by name and the nature of the trust, the qualifying words in such instrument shall be treated as surplusage and as description only of the person by whom or to whom such instrument was executed.

§ 2. All instruments affecting real and personal property in this state heretofore executed by or to any person purporting to be in a representative capacity, which shall fail to clearly identify the beneficiary and the nature of the trust, the person by or to whom such instrument was executed may within six months after the taking effect of this act, file and have recorded in the office of the register of deeds of the county in which such instrument was recorded, a statement in writing, referring to any such instrument by date, name of the parties, when and where recorded, the nature of the instrument, a description of the property affected thereby, and fully and clearly by name identify the beneficiary and the na

ture of the trust, and which statement shall be acknowledged so as to entitle the same to record.

§ 3. All acts or parts of acts in conflict herewith are hereby repealed.

Approved March 12, 1917. .

TUBERCULOSIS SANATORIUM

CHAPTER 240.

[S. B. No. 228-Benson.]

MAINTENANCE OF PATIENTS IN STATE TUBERCULOSIS SANA

TORIUM.

An Act to Amend and Re-enact Section 2588 of the Compiled Laws of North Dakota for the year 1913, as Amended by Section 1 of Chapter 264 of the Session Laws of North Dakota for the year 1915, Relating to the Cost of Maintenance of Patients in the State Tuberculosis Sanatorium.

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

§ 1. AMENDMENT.] That Section 2588 of the Compiled Laws of North Dakota for the year 1913 as amended by Section 1 of Chapter 264 of the Session Laws of North Dakota for the year 1915, is hereby amended and re-enacted to read as follows:

§ 2588. COST OF MAINTENANCE OF PATIENTS. HOW PAID.] All persons admitted as patients to the sanatorium shall pay to said institution the cost of their manitenance. The charges for any patient or patients may, however, be paid by any person or persons or society. The determination of each sum shall be made by the superintendent with the approval of the Board of Control. Any person who is unable to pay the charges for his or her support may be admitted to the sanatorium if it has been determined by the examining physician that such person is suffering from pulmonary tuberculosis, provided, however, that before such person shall be admitted to the sanatorium, he or she shall have a statement from the judge of the county court of the county within which he or she resides, setting forth the fact that he or she is unable to pay the regular charges. Said judge, upon the presentation of the report of the duly authorized examining physician that such person is afflicted with pulmonary tuberculosis, shall make an investigation and shall require such person to give full and correct answers to a property statement in the same manner as prescribed for admission of patients to the Hospital for the Insane by section 2560 of the Compiled Laws of North Dakota for the year 1913. and if he finds that such applicant or his legal representatives are actually unable to pay such charges, he shall approve in writing the applica

tion of such person. Said judge shall immediately forward to the superintendent of the Sanatorium a certificate in writing, giving the correct postoffice address of the parent, guardian or next of kin of such patient and stating that said patient is unable to pay such charges and he or she is a resident of the county in which such application has been approved, together with a copy of said property statement. The county from which such patient has been so certified shall be charged with the maintenance of such patient at the rate of ten dollars per week during the time that he or she remains in such institution as an inmate. Such charge shall be collected in the manner provided in Sections 2568 to 2579, inclusive, of the Compiled Laws of North Dakota for 1913; provided, however, the admission of every patient shall be subject to the final approval of the superintendent and the Board of Control. Approved March 9, 1917.

VETO

CHAPTER 241.

[S. B. No. 102-Nelson of Grand Forks and Benson of Rollette.]

CAUSES FOR DIVORCE.

An Act to Amend and Re-enact Section 4380 of the Compiled Laws of North Dakota for the year 1913, as Amended by Chapter 121 of the Session Laws 1915, Relating to Causes for Divorce.

VETO.

Bismarck, North Dakota, March 16, 1917.

To the Honorable Secretary of State:

I file herewith Senate Bill No. 102, an Act to amend and reenact Section 4380 of the Compiled Laws of North Dakota for the year 1913, as amended by Chapter 121 of the Session Laws 1915, relating to causes for divorce.

Inasmuch as the only amendment made to the present law is to broaden the grounds for Divorce by reason of Insanity, and believing that the present law is at least broad enough, I disapprove this act.

Very respectfully yours,
LYNN J. FRAZIER,
Governor.

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

§ 1. AMENDMENT.] That Section 4380 of the Compiled Laws of North Dakota for the year 1913, as amended by Chapter 121 of

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