Page:1941 North Dakota Session Laws.pdf/228

DANCES CHAPTER 147 213 a forfeiture of 25 per cent of the principal thereof. In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representative, may recover back, in an action for that purpose, twice the amount of interest thus paid, together with the 25 per cent of the principal from the person taking or receiving the same; provided, that such action is commenced within four years from the time the usurious transaction occurred, or may offset twice the amount of such interest against any indebtedness owing to the party or parties receiving such usurious interest. Any person, whether in his own individual right, or as the agent, servant, or representative of any individual, firm, corporation, or association, who shall take, receive, reserve or charge a usurious rate of interest, shall be guilty of a misdemeanor, and upon conviction thereof, shall be confined in the county jail not exceeding ninety days, or shall be fined not to exceed $300.00, or may be punished by both such fine and imprisonment. The penal clause of this Act shall be deemed cumulative, and the civil action, in this section provided for, shall be in nowise altered or taken away by the criminal provisions herein.

Approved March 17, 1941.

An Act to Amend and Re-enact Section 3163a1, Compiled Laws of North Dakota, as Amended by Chapter 136 Session Laws of 1939, Defining a Public Dancing Place. Repeal.

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

§ 1. .] That Section 3163al of the 1925 Supplement to the 1913 Compiled laws as amended by Chapter 136 of the Session Laws of 1939. be and the same are hereby amended and re-enacted to read as follows:

§ 3163a1. .] A public dancing place, as the term is used in this Act, shall be taken to mean a room, place or space, open to public patronage, where dancing, in which the public may participate is carried on and to which an admission may or may not be charged. A public dance, as used in this act, shall be taken to