much thereof as may be necessary, for the office of the State Game and Fish Warden of the State of Oklahoma from February 1, 1910, to June 30, 1911, the following amounts, to-wit: Printing hunting license Office rent of State Game and Fish Warden's Office freight, postage, stationery $ 3,000.00 500.00 Provided, the printing herein provided for shall be done under the supervision and by order of the State Board of Public Affairs. Emergency. Section 2. An emergency is hereby declared, by reason whereof it is necessary for the immediate preservation of the public peace and safety, that this act take effect, from and after its passage and approval. Approved March 24, 1910. CHAPTER 77. APPROPRIATION--FOR THREE STATE SCHOOLS. (A Bill entitled) AN ACT making an appropriation for the purpose of installing a heating plant and electric lights in the new building at the Southwestern Normal at Weatherford, Oklahoma; and for equipping the Southeastern Normal at Durant; and for the erection and equipment of the Eastern University Preparatory School at Claremore. Be It Enacted By the People of the State of Oklahoта: Section 1. There is hereby appropriated out of the public building fund of the State of Oklahoma, the sum of ten thousand dollars ($10,000.00), or so much thereof as may be necessary, for the purpose of installing a heating plant and electric lights in the new building at the Southwestern Normal School at Weatherford; and ten thousand dollars ($10,000.00) for equipping the Southeastern Normal located at Durant, Oklahoma. Univ. Prep. School at Claremore. Section 2. There is hereby appropriated out of the public building funds of the State of Oklahoma, not otherwise appropriated, the sum of thirty-eight thousand dollars ($38,000.00) for the erection and equipment of the building or buildings for the Eastern University Preparatory School, located at Claremore, Oklahoma, the sum of thirty-eight thousand dollars to be expended by the State Board of Public Affairs. Approved March 24, 1910. CHAPTER 78. APPROPRIATION-REIMBURSEMENT OF GOVERNOR'S FUND. Senate Bill No. 40. (A Bill entitled) AN ACT making an appropriation to reimburse the Governor for money advanced to the Attorney General to employ additional legal counsel to defend the two cent railroad rate in the State of Oklahoma. Be It Enacted By the People of the State of Oklahoma: Section 1. There is hereby appropriated out of any money in the treasury of the State of Oklahoma not otherwise appropriated, the sum of five thousand dollars ($5,000.00) to reimburse the Governor for money advanced from his contingent fund to the Attorney General to employ additional legal counsel to defend the two cent railroad rate in the State of Oklahoma. Approved March 24, 1910. CHAPTER 79. DRAINAGE-AMENDMENT. Senate Bill No. 42. As Amended by the House Committee. AN ACT amending sections 3046, 3049, 3050, 3053, 3054 and 3057 of chapter 32, Compiled Laws of Oklahoma, 1909, relating to drainage, and declaring an emergency. Be It Enacted By the People of the State of Oklahoma: Section 1. That section 3046 of the Compiled Laws of Oklahoma, 1909, be and the same is hereby amended to read as follows: Section 3046. Before the commissioners shall establish any drain or improvement district authorized by this act, there shall be filed with the county clerk of such county a petition signed either by fifteen per centum of the owners, or by the resident owners of fifteen per centum of the aggregate acres of land to be benefited or affected by such drain or other improvements, and to be assessed for construction thereof, setting forth the necessity therefor with the general description of the proposed drain or other improvements, the starting point, route and terminus thereof, and whether it is desired to issue bonds and other evidence of indebtedness to meet the expense of such improvements; provided, that in the event it is found that the lands to be embraced within said drain or improvement district shall be benefited by such drainage or improvement as herein provided, and will benefit the public health, or will be of public utility and benefit, then the commissioners shall have power to order said improvements without additional petitions; otherwise it shall require the signatures either of fifty per centum of the owners or of the resident owners of fifty per centum of the aggregate acreage to be affected or benefited by such drain or improvements. There shall be filed with such petition a bond in a sum of not less than fifty dollars ($50.00) for each mile of length of the proposed drain or improvement, payable to the State of Oklahoma, signed by one or more of the petitioners and at least two good and sufficient sureties, conditioned for the payment of all costs and expenses if the prayer of the petitions be denied or dismissed for any cause; which bond shall be approved by said commissioners. When it is desired to establish any drainage district embracing territory within two or more counties of this state, it shall be necessary to file a petition in substantial compliance with this act, signed by the requisite number of petitioners therein mentioned of each of said counties, with the county commissioners of each of said counties, whose duty it shall be to hear and determine the same as soon as practicable thereafter; that in determining whether said inter-county drainage district shall be established, the county commissioners of each said county shall be governed by the provisions of this section of this act, and no such intercounty drainage district shall be formed unless authorized by the county commissioners of each of said counties. The commissioners of each of said counties, if said drainage district is ordered to be established, shall meet jointly within thirty days after the order for the formation of such district shall have been made by the county commissioners of the last of such counties acting upon said petition, and shall prorate to the land owners and others to be affected in the different counties of said proposed district the proportionate share of the total costs and expenses of such drain or improvement; they shall select a name and number for said district by which it shall thereafter be known, and shall appoint three resident freeholders of any of said counties not interested in the construction of said works, nor of kin to any person interested therein, as viewers, and shall also designate and appoint some surveyor or engineer to assist the viewers so appointed. The said viewers, after taking the oath required by this act, shall in company with the surveyor or engineer, thereupon proceed as in this act provided to view the line of the proposed drain or improvement and make a report thereof as in this act prescribed to the county commissioners of each of said counties embracing in said report all their work in the different counties. Thereafter, their several reports to the county commissioners of each county may be limited to the work in the respective county. Separate bonds as required by the provisions of this act, for the mileage embraced in each county, shall be filed with the county commissioners of the respective counties embraced in the drainage district. Except as herein otherwise provided, the procedure in the formation of an inter-county drainage district shall be that prescribed by this act for the formation of a drainage district wholly in one county, and bonds and other evidence of indebtedness shall be issued, levies and assessments shall be authorized to be made, and such other proceedings shall be had in each of said respective counties as if that portion of the inter-county drainage district situated therein constituted a drainage district wholly within such county. The benefits to the counties as bodies politic shall be assessed in the same manner as if such district were wholly within one county and shall be charged to or prorated among the various counties in proportion to the benefits derived therefrom respectively. Remonstrance-hearing-expense bonds. Section 2. That section 3049 of the Compiled Laws of Oklahoma, 1909, be and the same is hereby amended to read as follows: Section 3049. Any person interested in land which will be affected by said proposed drain or improvement, may file in the office of the county clerk, on or before the day set for the hearing of the report of the viewers appointed under the provisions of this act, a written remonstrance and objection against the same, as located by the petition or report of the viewers, setting forth his grievance, which objection shall be by the commissioners heard and determined and filed with the petition. If the commissioners shall find in favor of making the improvements, the lands which, as hereinafter provided, it may be found will be thereby benefited, shall, for the purpose of this article, constitute a drainage district, which shall be designated by name and number. The county commissioners may, in their discretion, after any drainage district shall be constituted, named and numbered, require such district, or any of the resident land owners therein for and on behalf of such district, to file with the county clerk a bond payable to the county commissioners, in an amount to be fixed by them, with at least two good and sufficient sureties, or a surety company, conditioned to pay all expenses of viewers, surveyors, notices and all costs and expenses of such ditch or drain, if for any reason the same is not finally made or constructed; and the county commissioners shall have the right to issue to all persons entitled, certificates of indebtedness, secured only by said bond, for services, labor and expenses in said drainage project, and any such person shall have the right, in his own name, to maintain suit on said bond for the recovery of the amount due him upon such certificates so held by him. |