Page:North Dakota Reports (vol. 1).pdf/566

 2. The fact that, about the time of the execution and recording of the satisfaction another mortgage for about the same amount as the unrecorded mortgage, given to the same mortgagee, by one who had assumed the unrecorded mortgage, but given subsequently to the second mortgage, was executed and recorded, is not sufficient to put the purchaser of the second mortgage upon inquiry as to whether the unrecorded mortgage had in fact been paid and satisfied, as against the recorded satisfaction given by the first mortgagee, although such substituted mortgage recites that the property is free from all incumrances. Id.

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Where a contract is expressly prohibited or declared void by statute, retention of the fruits of such contract will not subject a municipality to liability. under the contract or on a quantum meruit. Bank v. School Tp., 26.

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Under the provisions in the general town incorporafion law, (§ 1043, Comp. Laws,) which provides that “every by-law, ordinance, or regulation, unless in case of emergency, shall be published in a newspaper in said town, if one be printed therein, or posted in five public places, at least ten days before the same shall take effect,” a by-law passed by the town trustees, but never published or posted, in a case where no emergency is alleged or shown, is of no force or effect, even as to such persons as have notice of its passage by the trustees. Hither publication or posting is a prerequisite to a binding enactment. O’Hara v. Park River, 279.

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When the compensation of a town marshal is fixed at a certain amount per month, the fact that such marshal renders his bills for services and receives his pay for two months, at a rate less than the rate fixed by law, will not preclude such officer from claiming the full pay allowed by law for the subsequent months. Id.

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But the fact that such officer rendered his bills for two months, even though for an amount less than that prescribed by law, and that such bills were allowed and paid as rendered, and such payment received without objection or protest, amounts to an adjudication of the claim for services for the time covered by the bills rendered, which, in the absence of accident, surprise, or mistake of fact, cannot be reopened. Id.

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Assessor of city organized under c. 24, Political Code, has no power to appoint a deputy. ''Farrington v. Inv. Co., 102''.

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In an action for damages caused by a prairie fire alleged to have been