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

Rh 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 In defense it was claimed that Chapter 56, Laws of 1921 was repealed by Chapter 199, Laws of 1923.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repealing statute contains provisions identical, or practically so, with some provisions of the statute declared to be repealed, such provisions remain in force without interruption.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.

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