files and records shall be made only at the county seat; Provided, further, that this shall not forbid the taking of the dockets from the county seat to any place of holding court. Regulations by judge-mileage for officials-jury list. Section 4. The judge of the county court may make and enter of record any other lawful rules and regulations he may deem necessary to the holding of sessions of said court at said town of Choteau, and shall provide for the beginning of the successive terms for the holding of its sessions at said town. And the judge and other court officials shall be entitled to mileage of the rate of ten cents per mile in going and returning from said town of Choteau, each term by the usual and most practicable route. The board of jury commissioners of Mayes county shall make a list of names of not exceeding two hundred persons each of whom shall possess the qualifications of jurors, as prescribed by law, said list to be known and used for the Choteau jury list, and the list shall be delivered to the judge of the county court of Mayes county, who shall place said list in a box separate from all other jury lists of any court in said county; and jurors to serve at any of the sessions of the court at said town of Choteau, shall be drawn out of the box containing the Choteau jury list. Court rooms. Section 5. The county commissioners of Mayes county are hereby empowered to provide for a suitable place for holding sessions of said court at Choteau, Oklahoma. Emergency. Section 6. An emergency is hereby declared by reason whereof it is necessary for the immediate preservation of the public, peace, health and safety, that this act take effect and be in force from and after its passage and approval. Approved March 4, 1910. S. L. '10-4 CHAPTER 34. COURTS-TERMS OF COUNTY COURT AT AFTON. House Bill No. 132. AN ACT providing for holding sittings of the county court of Ottawa county at the town of Afton in said county and providing the procedure therefor. Be It Enacted By the People of the State of Oklahoma: County divided into two districts. Section 1. For the purpose of this act, the said county of Ottawa is hereby divided into two districts denominated "County Court District No. 1," and "County Court District No. 2." County Court District No. 1, shall consist of all that part of Ottawa county lying north of a line beginning at a point on the east boundary line of Craig county, at the intersection of the section line between sections 18 and 19, township 27, north of range 22 east Indian Meridian; thence east along said section line to the intersection of Neosho river, thence following the meanders of the center of the Neosho river to a point at the junction of Neosho and Spring rivers; thence north following the meanders, and in the center of Spring river to the intersection of the township line between townships 27 and 28 north, range 24 east, Indian Meridian, thence along said township line to the intersection of the west Missouri state line. County Court District No. 2, shall consist of the remainder of said county not included within said boundary. Venue. Section 2. All civil and criminal actions brought in said county court in which there is but one defendant shall be commenced in that county court district in which said defendant mar then reside or have his place of domicile. Where there are two or more defendants the action may be brought in that district in which either of or any of said defendants may reside or have his place of domicile. Where any or two or more defendants reside in another county of this state the action may be brought in either of said county court districts. Resident deputy clerk. Section 3. Upon the taking effect of this act it shall be the duty of the county judge of said county of Ottawa to appoint, subject to the approval of the board of county commissioners of said county, a deputy clerk of said county court who shall keep his office at said town of Afton, and who shall have the said qualifications and perform the said duty as are now required of clerks of the said county court of said state. The compensation of said deputy clerk shall be fixed by the said Board of county commissioners in a sum not exceeding six hundred dollars ($600.00) per annum, at their approval of the appointment of said deputy clerk, and shall be paid out of the said funds and in the same manner as the salary of the clerk of the county court is now by law provided for. It shall be the duty of the said deputy clerk to keep all files, books, papers and records at his office which pertain to all civil, criminal and probate actions and proceedings instituted in, or removed to, said county court district. Venue of probate matters. Section 4. All probate proceedings of the said county court shall be commenced in that district in which the decendant [decedent] may have died, or in which any real estate to be administered, shall be located or in which minors may reside or have estate, having regard to the character of the respective proceedings. Four terms a year. Section 5. That on and after the passage of this act, there shall be held in the said town of Afton, four terms of the county court of said District No. 2. in said Ottawa county, and the terms to commence on such Monday of January, April, July, and October of each year as the judge of said Ottawa county may order, and continue until all matters for the term are disposed of, or until such time as the business of the term of said county seat will permit; Provided, that nothing in this act shall be so construed as to prevent any person from resorting to or using the court and records at the county seat of such other court terms in the county as may be provided by law, as they may elect. Separate jury lists. Section 6. The board of jury commissioners of said Ottawa county shall make two separate jury lists of the names of two hundred persons each and all of whom shall possess the qualifications as jurors as prescribed by law. One of the said lists shall be marked "County Court District No. 1 Jury List" and the other shall be marked "County Court District No. 2 Jury List," and the said lists shall be delivered to the county judge of said county who shall place said lists, as provided by law, in separate and respective boxes identified by their respective districts, as aforesaid and the jurors to serve at the session of said court in District No. 1, shall be drawn out of the boxes containing the lists for the said County Court District No. 1, and the jurors to serve at the session of said court to be held at Afton shall be drawn out of the box containing the jurors list for said County Court District No. 2. Said jury lists shall consist of names of persons living within their respective district for which they are selected to serve. Traveling expenses of judge. Section 7. The county judge of said county of Ottawa shall be paid out of the county treasury of said county his actual traveling and hotel expenses incident upon his holding court at the said town of Afton. Such payment shall be made upon allowance by the board of county commissioners of an itemized and verified account in the manner now provided by law. Traveling expenses of county attorney. Section 8. It shall be the duty of the county attorney of said county of Ottawa to attend said county court upon its sittings at the said town of Afton in all actions and matters appertaining to the duties of his office, and he shall be allowed his actual traveling and hotel expenses therefor, payable as provided in the preceding section in relation to the said county judge. Transfer of causes to proper district. Section 9. Whenever it shall appear to the county judge, upon proper affidavits or other showings and upon proof of at least five days' written notice to the attorney for the adverse party, that an action or proceeding has been erroneously or wrongfully commenced in the wrong county court district, it shall be the duty of said county judge, by order, to transfer such action or proceeding to the proper county court district, and the clerk or deputy clerk shall thereupon transmit all papers, files and records in connection therewith to such proper district, where such action or proceeding shall be proceeded with as if the same had been originally instituted and proceeded with up to the time of said transfer. Such action or proceeding shall not be dismissed because of such erroneous or wrong bringing of the same, but before the parties so instituting said matter shall be allowed to further prosecute the same, he shall, within ten days from said transfer, pay all costs accrued in the court first entertaining said matter, and if said cost shall not be so paid it shall be the duty of said county judge to dismiss said action or proceedings in the county court district to which said transfer shall have been made. Any cash deposit or bond, to secure costs upon the institution of said action or proceeding shall be transmitted with other papers as aforesaid. Venue of appeals from justices of the peace. Section 10. All arveals from judgments from justices of the peace of said county of Ottawa, which shall be taken to the county court, shall be filed in the county court district in which the defendant, or any of the defendants shall reside, or have their domicile. Provided, that all criminal cases pending in said county court in which the defendant is confined at the time in the county jail shall be tried at the county seat of said county. Court rooms to be donated. Section 11. Before any session of the said county court shall be held in said County Court District No. 2, a proper and comfortable deputy clerk's office and court room shall be furnished and supplied with the proper furniture and fixtures, without cost to said county and said county shall not be liable at any time for rent of such room. Repeal Section 12. All acts and parts of acts in conflict herewith are hereby repealed, Approved March 4, 1910. |