Page:North Dakota Reports (vol. 48).pdf/441

 mentioned in the statutes, § 2579 of the C. L. 1913 as amended by chap. 103 of the Laws of 1915, chap. 144 of Laws of 1919, and other amendatory laws, if any, may be charged with the expense incurred by any county in the state for his treatment and maintenance in the hospital for the insane.

Hence the wisdom of the decree of the trial court requiring that a portion of the estate remain in defendant's name, so that in the event such estate is properly and legally charged with any of such expense there will be property out of which it may be paid. The entire record has been examined with care, and we find no error committed by the trial court.

The judgment is affirmed. Respondent is entitled to his costs and disbursements on appeal.

,, , and , JJ., concur.

NORTHERN PACIFIC RAILWAY COMPANY, Respondent, v. W. R. TUCKER, County Auditor of Cass County, Appellant.

Counties-act construed as limiting total taxes to one-third of combined levies for years 1918-1920.

Chap. 122, Session Laws of 1921, construed, concerning particular language, and, held to mean that the total amount of taxes levied for all purposes shall not exceed an amount equal to one-third of the total combined levies which were made for the years 1918, 1919, and 1920.

Action in District Court, Cass County, Cole, J.

Defendant has appealed from an order and judgment of injunction.

Reversed.

George E. Wallace, for appellant.

Young, Conmy & Young, for respondent.