Page:North Dakota Reports (vol. 48).pdf/92

 and integrity of the jury in this case, and serves to give added fuel and flame to the public discontent concerning delay and technicality in court procedure.

HENRY BOSSEN, Respondent, v. S. A. OLSNESS. Commissioner of Insurance of the State of North Dakota, Appellant.

'''Insurance—state hail insurance—§§ 5, 9, and 11 of chap. 38, Session Laws of Special Session construed—state hail insurance does not apply automatically.'''

Sections 5, 9, and 11 of chapter 38, Session Laws of Special Session 1919 (the state hail insurance law), are construed, and it is held:

1. The insurance provided for in the law does not apply automatically.

Insurance—classification of lands.

2. Where an assessor had not classified land as tillable and had made no return to the county auditor as required by law, showing the number of cultivated acres, and where the owner had not made the affidavit required by § 6 of the hail insurance act, his risk is not covered and he is not entitled to recover indemnity upon an attempted compliance with the law in the month of July after loss has been sustained through hail.

Appeal from District Court of Burleigh County, Nuessle, J.

Reversed.

''Wm. Lemke, Attorney General, and George K. Foster'', Assistant Attorney General, for appellant.

“The crops insured under this act shall consist of all crops grown on cultivated land actually cropped, subject to and paying the taxes herein specified.” Chap. 160 of the Laws of 1919 as amended by chap. 38 of the laws of the Special Session of 1919 (§5).