Page:North Dakota Law Review Vol. 1 No. 5 (1924).pdf/3

This page has been proofread, but needs to be validated.
BAR BRIEFS
3

of cancellation, the findings will not support a personal judgment for the amount owing, in addition to a judgment quieting title.

Golden Valley County v. Lundin et al.

A bank was designated as a depositary by the county and a depositary bond for $1,000.00 was given and filed in the office of the county auditor and accepted, under Chapter 56, Laws of 1921. A new designation of the same depositary was made by the county commissioners in July, 1923. The bank remained a depositary until February, 1924, when it failed. A large amount was then on deposit and this action was brought on the depositary bond. In defense it was claimed that Chapter 56, Laws of 1921 was repealed by Chapter 199, Laws of 1923. HELD: A clause in a statute purporting to repeal other statutes is not in all cases conclusive evidence of the legislative intention. The statute must be construed as a whole and the legislative intent given effect, though contrary to the terms of the repeal clause. Where a repealing statute contains provisions identical, or practically so, with some provisions of the statute declared to be repealed, such provisions remain in force without interruption. The judgment against the sureties was upheld.


EMERGENCY LEGISLATION


Laws passed by the 1925 Legislature as Emergency Measures. All are now in effect.

HOUSE BILLS

24. Appropriation $28,000.00 to cover deficit of State Training School at Mandan.
26. Appropriation $30,000.00 to cover deficit in Wolf Bounty Fund.
42. Appropriation $16,200.00 to pay loan made to Dickinson Normal School.
47. Appropriation $75,000.00 from State Highway Fund for construction of Red River Bridge at Fargo.
55. Appropriation $200,000.00 from State Highway Fund for construction of Missouri River Bridge at Williston.
57. Appropriation $100,000.00 from State Highway Fund for construction of Missouri River Bridge at Sanish.
61. Authorizes reduced rate of interest 6%—upon redemption of real estate sold to the county of 1923 or any prior year and still held by the county, if said redemption is made on or before Nov. 1st, 1925.
63. Relieves assessors from duty of making military enrollment.
65. Declaration of dividends and creation of indebtedness by directors of corporations and increasing or diminishing of the Capital Stock and issuing of bonds by corporations.
67. Commission of crime while armed.
69. Foreclosure of mortgages by agent or attorney and legalizing and validating prior sales where power of attorney has been filed for record at or prior to the time of sale.