such sum as the court clerk may deem sufficient, but in no case shall the plaintiff be requested to deposit more than Ten Dollars ($10.00) at any time for advance cost. No court clerk shall issue any notice, summons, process, or do any other act or incur other cost in any civil action until he shall have funds in hand to pay all costs accruing by reason of the same, and if ample costs are not on hand when the court clerk is requested to issue such notice or process or do any other act, he shall refuse to issue the same or to do any act until funds have been deposited with him in such sum sufficient to pay all costs accrued and which will accrue by reason of the act requested, unless bond for cost has been filed as above required, but nothing herein shall be construed to require a deposit for the fees or mileage of witnesses; but in case a defendant shall desire to file any instrument in any civil action in which the plaintiff has no cost bond and there are no funds on hand therein to meet the cost of the filing of the same, upon such defendant offering to pay the cost of filing such instrument, he shall be permitted so to do, and the court clerk shall accept the cost of filing such instrument and shall file the same. Provided that, in any case, where the plaintiff claims he has a just cause of action against the defendant and that, by reason of poverty, he is unable to pay the cost, or give security therefor, upon the filing of an affidavit by such plaintiff in such action to that effect, no bond, security, or deposit shall be required; and provided further that the appeal bonds required by sections 1010 and 1415 of the compiled statutes of Oklahoma, 1921, shall stand in lieu of the cost bond and the cost deposit hereinbefore specified, and the court clerk shall not require either cost bond or cost deposit in such appeal cases. Emergency. Section 2. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby de clared to exist, by reason whereof, this Act shall take effect and be in full force from and after its passage and approval. Approved March 17, 1924. CHAPTER 118. HOUSE BILL NO. 61. Appeal Bonds in Justice of the Peace Courts. AN ACT amending Section 1010, Compiled Statutes of Oklahoma, 1921, relating to appeal bonds in the Justice of the Peace courts, and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : Section 1. That Section 1010 of the Compiled Statutes of Oklahoma, 1921, be and the same is hereby amended to read as follows, to-wit: "Section 1010. The party appealing shall, within ten days from the rendition of judgment, enter into an undertaking to the adverse party with at least one good and sufficient surety, to be ap proved by such justice, in a sum not less than Fifty Dollars ($50.00) in any case, not less than double the amount of the judgment and costs, conditioned; First, that the appellant will prosecute the appeal to effect and without unnecessary delay; and, second, that if judgment be rendered against him on the appeal, he will satisfy such judgment and all costs which may be adjudged against him, or in case the same cannot be collected from the appellee, if judgment be obtained against him, then the appellant will pay the cost incurred by himself; said undertaking need not be signed by the appellant; and such appeal bond shall stand in lieu of the cost bond and the cost deposit required in Section 764 of the Compiled Statutes of Oklahoma, 1921, and the court clerk shall not require either cost bond or cost deposit in such appeal cases. Provided, that when any municipality desires to appeal, no bond shall be required, and it shall be sufficient to perfect any such appeal if the appellant shall, within ten days after the rendition of the judgment, cause to be filed with the justice of the peace a statement in writing that appellant does appeal from such judgment to the county (superior or) district court (of the county) and file an affidavit setting forth the appeal is not taken for vexation or delay, but because the affiant believes that the appellant is aggrieved by the judgment. Emergency. Section 2. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof, this Act shall take effect and be in full force from and after its passage and approval. Approved March 18, 1924. CHAPTER 119 HOUSE BILL NO. 63. Authorizing Municipalities to Sell Water Outside of City Limits. AN ACT authorizing cities and towns within the State of Oklahoma, owning and operating waterworks and water plants, to sell and furnish water to persons, firms and corporations outside the corporate limits, and to other cities and towns within the State of Oklahoma; and to acquire lands and water and water rights for its anticipated future needs, by eminent domain, and providing procedure therefor. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: Cities-May Sell Water Outside of Limits. Section 1. That any city or town within the State of Oklahoma, owning and operating waterworks or water plants, for the purpose of supplying city or town, and the inhabitants thereof, with water, may make use of such water for park or other public purposes without the corporate limits of such city or town; and any such city or town, having a supply of water in excess of its immediate requirements, and the immediate requirements of its inhabitants, may sell and furnish water to persons, firms and corporations residing or located without the corporate limits of such city or town from its water supply not immediately required by such city or its inhabitants; and any such city or town may contract to sell and furnish, and may sell and furnish and supply, to any other city or town within the State of Oklahoma, water from its supply of water in excess of the immediate needs of the city or town selling, furnishing and supplying the same, and the immediate needs of its inhabitants, in such amount and on such terms as may be agreed upon by the selling and buying municipalities. Contracts-How Made. Section 2. All contracts for the sale or furnishing of water by such cities or towns to other cities or towns, shall be made in the name of the city or town, by the Mayor, after approval by the City Council, or, in case the operation and control of the waterworks and water plant is under the Charter of such city or town lodged in a special Board or Commission, such contracts shall be made in the name of such city or town by the chairman of such Board or Commission, after approval by such Board or Commission; all other contracts for the sale and furnishing of water under this Act shall be executed in the same manner and by the same officer or agent of such city or town as may be authorized by the Charter or Ordinances of such city or town, or act or resolution of such Board or Commission, for the sale and furnishing of water within the corporate limits of such city or town; Provided, however, that all water sold and furnished to persons, firms and corporations without the corporate limits of the city or town so selling and furnishing the same, shall be sold and furnished upon written contracts expressly stating that such contract may be abrogated by such city or town, at any time the Council thereof, or the Board or Commission operating and controlling such waterworks, shall, by resolution duly adopted, declare such water so being furnished under such contract is required by such city for its own use and use of its inhabitants. Pipe Lines-City May Not Construct At Its Expense. Section 3. No city or town within the State of Oklahoma shall contract to furnish or construct, or furnish or construct, at the cost of, or expense to, such city or town, any pipe line or conduits or lateral pipe line beyond the corporate limits of such city or town for the sole purpose of selling and furnishing water to persons, firms or corporations outside the corporate limits of such city or town, or for the purpose of selling and furnishing other cities or towns with water. Eminent Domain-Cities May Exercise When. Section 4. Any city or town within the State of Oklahoma owning and operating, or proposing to own and operate, a system of waterworks and water plant to supply such city or town, and the inhabitants thereof, with water, may provide for its contemplated future water, waterworks and water plant requirements, in advance of its immediate needs, and may, for that purpose, acquire lands and water both within and without the corporate limits of such city or town, and within the State of Oklahoma, and such cities and towns invested with the power of eminent domain for that purpose, such power to be exercised in the manner provided by law for the condemnation of lands by cities and towns for waterworks purposes; and it shall be no defense against the exercise of such rower of eminent domain that the city or town is selling and furnishing water to other municipalities or to persons, firms or corporations without the corporate limits of such city or town. Repealing Clause. Section 5. All acts and parts of acts in conflict herewith are hereby repealed. Approved March 14, 1924. CHAPTER 120 HOUSE BILL NO. 64. Schools and School Districts AN ACT authorizing certain school districts to dispense with schools in their districts and providing for transfer of pupils to another district, and providing for the payment of transfer fees and defining certain duties of the School Boards and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: School-Dispensed With-Transfer of Pupils. Section 1. Where, because of the small number of pupils in any school district, or because of the low taxable valuation of the property of the district, the district is unable, after having levied the legal limit for school purposes, to provide a suitable school house and other proper equipment, or to maintain a school adequate to the needs of the pupils of the district, and where, by majority vote of the qualified voters of such district, voting at an annual meeting, or at a special meeting called for that purpose, it is decided that schools in such districts may be dispensed with, then, in that event, the school board of said district shall, with the consent of the County Superintendent, designate some one of the adjoining districts to which the student from said district may be transferred; provided that the pro rata part of the money available in said district follows the students to the respective districts to which they are transferred. Pupils-Right to Attend District. Section 2. Where children of school age reside in a rural, unorganized territory, they shall have the right to attend an adjoining district; provided they pay a tuition equal to the per capita cost of student attending the school in the district to which they were transferred. Repealing Clause. Section 3. All acts and parts of acts in conflict herewith are hereby repealed. Emergency. Section 4. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force and effect after its passage and approval. Approved March 24, 1924. CHAPTER 121. HOUSE BILL NO. 65. County Officers. AN ACT amending Section 5735 of Chapter 35, Article 6, Compiled Oklahoma Statutes, An notated, 1921, fixing and lengthening the terms of office of the County Attorney, Court Clerk, County Clerk, County Surveyor, Superintendent of Public Instruction, County Sheriff, County Treasurer, County Public Weigher, County Assessor, and three County Commissioners, in every County in the State of Oklahoma, providing that such officers shall be elected at the General Election to be held in November, 1924, and thereafter as outlined in Paragraphs A, B, and C, in the body of the Bill as given below, and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: County Officers-Term of Office. Section 1. That Section 5735 of chapter 35, Article 6, of the Compiled Oklahoma Statutes, Annotated 1921, be and the same is hereby divided into three paragraphs, namely A, B, and C, and amended to read as follows: A. At the general election to be held in November, 1924, and each four (4) years thereafter, there shall be elected in each and every county of the State of Oklahoma, a County Attorney, a Court Clerk, a County Sheriff, a County Treasurer, a County Superintendent of Public Instruction, who shall hold office for a term of four (4) years, beginning, (except the County Superintendent of Public Instruction and the County Treasurer), on the first Monday in January following their election, and until their successors are elected and qualified. The term of office of the County Superintendent of Public Instruction and the County Treasurer shall begin on the first Monday in July following his or her election. B. At the general election to be held in November, 1924, there shall be elected in each county of the State of Oklahoma a County Clerk, a County Surveyor, a County Public Weigher and a County Assessor, who shall hold office for a term of two (2) years, beginning on the first Monday in January following their election, and until their successors are elected and qualified; provided, however, that at the general election to be held in November 1926, the above named four (4) officers shall be elected for a term of four (4) years and thereafter said officers shall be elected every four years for the term of four (4) years and shall hold office until their successors are elected and qualified. C. At the general election to be held in November 1924, there shall be elected in each County of the State of Oklahoma three (3) County Commissioners, one County Commissioner from County Commissioner's District one for a term of two years, one County Commissioner from County Commissioner's District two for a term of four (4) years, and one County Commissioner from County Commissioner's District three (3) for a term of six (6) years. The term of office of the County Commissioners shall begin on the first Monday in July following their election; and thereafter one (1) County Commissioner shall be elected every two (2) years, and hold office for a term of six (6) years, or until his or her successor is elected and qualified. |