CHAPTER 71. SENATE BILL NO. 185. Chief Clerk Loan Division. AN ACT fixing the annual salary of the "Chief Clerk, Loan Division" of the Commissioners of the Land Office, and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : Chief Clerk-Salary. Section 1. That the annual salary of the "Chief Clerk, Loan Division" of the Commissioners of the Land Office, as created by Chapter 211, of the Session Laws of 1919, and incorporated in the Compiled Oklahoma Statutes, 1921, Section 111, Paragraph 4, be and the same is hereby fixed at the amount of Twenty-four Hundred ($2400.00) Dollars, which shall be paid out of the funds appropriated therefor, monthly, upon warrants issued by the State Auditor. 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 30, 1923. CHAPTER 72. SENATE BILL NO. 188. Stray Stock. AN ACT governing the taking up, advertising and sale of stray stock. Stray Stock-Taking Up-Estrays. Section 1. Any person may take up any stray found upon their premises, and report the same to the proper justice of the peace of the county, who shall docket the case and cause to be posted in three of the most public places in the township where said stray is located, a notice describing the stray, by stating the kind of animal, color, weight, size, sex and age, the marks, brands or other distinguishing features about the animal, if there be any, where the animal is kept and the address of the taker-up. If the owner of said stray does not appear and claim the same within two weeks from the posting of said notices, then said justice of the peace shall publish a like notice in some newspaper of general circulation in the county for two consecutive weeks, with the additional statement in said notice that said stray will be sold by the constable of the township at public outcry to the highest responsible bidder, for cash, at a time to be fixed in said published notice, said day of sale not to be more than thirty-five days from the date of posting the original notices. Provided, that at any time the owner may appear and produce satsifactory evidence to said justice, that he is the owner of said stray and entitled to the possession thereof, said justice shall order. said stray delivered to the owner upon his payment of the keeping of the stray to the taker-up and payment of the cost of the estray proceeding; and provided, further, that all live stock shall be considered estrays under this Act, that is running at large contrary to law, and their owner is not known in the community. Estrays-Owner-Sale. Section 2. If any owner of any estray shall not appear by the day of sale as stated in said printed notice, the constable of the township shall sell said stray as elsewhere provided in this Act, and out of the proceeds thereof pay the taker-up for the keeping and all cost of the proceeding, and in case any money remains in his hands thereafter, the same shall be paid into the road funds of the township where said animal is estrayed. Same-Pay for Keeping. Section 3. The taker-up shall receive such pay for his keeping as is customary in the community for pasturing, feeding and keeping such animals. The justice of the peace shall receive a fee of Three ($3.00) Dollars, and the constable shall receive the same fees as in sales under execution, same to be fixed by the justice of the peace. Misdemeanor. Section 4. Any person who shall unlawfully take up any stray or who shall fail to comply with the provisions of this Act after the same shall be taken up, shall be guilty of a misdemeanor and fined in any sum not less than Five ($5.00) Dollars, nor more than Fifty ($50.00) Dollars. Repealing Clause. Section 5. That all of Chapter 128, of the Session Laws of 1919, and all other Acts and parts of Acts in conflict herewith are hereby repealed. CHAPTER 73. SENATE BILL NO. 192. Attachment Bonds. AN ACT to amend Section 342, Chapter 3, Article 9, of the Compiled Oklahoma Statutes, 1921, relating to attachment bonds, and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : Approved March 31, 1923. Attachment Bonds-When Not Required. Section 1. That Section 342, Chapter 3, Article 9, of the Compiled Oklahoma Statutes, 1921, be and the same is hereby amended to read as follows: "Section 342. The order of attachment shall not be issued by the clerk until an undertaking on the part of the plaintiff has been executed by one or more sufficient sureties, approved by the clerk and filed in his office, in a sum not less than double the amount of the plaintiff's claim, to the effect that the plaintiff shall pay to the defendant all damages that he may sustain by reason of the attachment, including reasonable attorney's fees, if the order be wrongfully obtained; but no undertaking shall be required where the party or parties defendant are all non-residents of the State, or a foreign corporation, or the State of Oklahoma is the party plaintiff." 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 31, 1923. CHAPTER 74. SENATE BILL NO. 193. Garnishment. AN ACT authorizing the State of Oklahoma to maintain proceedings in garnishment without executing a bond in garnishment, and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : Section 1. That in all actions in which the State of Oklahoma is party plaintiff, no garnishment bond shall be required of the plaintiff, but that garnishment writ shall issue upon the filing of proper affidavits, as provided by law. 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 31, 1923. CHAPTER 75. SENATE BILL NO. 194. Replevin. AN ACT to amend Section 328, Chapter 3, Article 8, of Compiled Oklahoma Statutes, 1921, undertakings for delivery in replevin actions, and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : Replevin-Bond. Section 1. That Section 328, Chapter 3, Article 8, of Compiled Oklahoma Statutes, 1921, be and the same is hereby amended to read as follows: "Section 328. The order shall not be issued by the Clerk until there has been executed in his office, by one or more sufficient sureties of the plaintiff, to be approved by the Clerk, an undertaking in not less than double the value of the property as stated in the affidavit to the effect that the plaintiff shall duly prosecute the action, and pay all costs and damages which may be awarded against him, and if the property be delivered to him, that he will return the same to the defendant if a return be adjudged; provided, that where the State of Oklahoma is party plaintiff, an undertaking in replevin shall not be required of the plaintiff, but a writ shall issue upon affidavit duly filed as provided by law." 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 force from and after its passage and approval. Approved March 31, 1923. CHAPTER 76. SENATE BILL NO. 198. Tuition of Orphan Children. AN ACT making an appropriation to pay the tuition of orphan children according to the provisions of Section 10703, Article 32, Compiled Oklahoma Statutes, 1921, and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : Appropriation. Section 1. For the purpose of carrying out the provisions of Section 10703, Article 32, Compiled Oklahoma Statutes, 1921, with reference to the payment of tuition of orphan children, there is hereby appropriated out of any money in the State Treasury, not otherwise appropriated, the sum of Sixty-five Thousand, One Hundred Forty-nine Dollars and Eighty-nine cents ($65,149.89), or so much thereof as may be necessary, as follows, to-wit: 1. Deficiency for year ending June 30, 1922. $ 4,549.89 2. Estimated deficieney for year ending June 30, 1923___10,000.00 3. Appropriation for year ending June 30, 19244. Appropriation for year ending June 30, 1925. Total Emergency. 25,300.00 25,300.00 -$65,149.89 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 28, 1923. CHAPTER 77. SENATE BILL NO. 199. Service of Process. AN ACT amending Section 238, Compiled Oklahoma Statutes, Annotated, 1921, relating to the manner and method of obtaining service in civil actions, and hereby declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : Summons-How Served. Section 1. That Section 238, Compiled Statutes, annotated, 1921, be and the same is hereby amended to read as follows: "Section 238. The summons shall be served by the officer to whom it is directed, who shall endorse on the original writ the time and manner of service. It may also be served by any responsible citizen of the county not a party to or interested in the action, appointed by the officer to whom the summons is directed or by the court in which the action is brought. The authority of such persons shall be endorsed on the writ, and the return of service made by any person so appointed, or of any service made out of the State, shall be verified by oath or affirmation of the person making the service; Provided, that in any action or proceeding, pending in any County, in which the Sheriff of such county shall be party defendant, service of summons upon such Sheriff, shall be made by the County Clerk of such county, to whom summons for service upon said Sheriff shall be delivered for service, by the Court Clerk, and such County Clerk shall make due return thereof in the manner now provided by the law for the return of service of summons in other cases." Repealing Section. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Emergency. Section 3. 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 7, 1923. CHAPTER 78. SENATE BILL NO. 200. Desertion of Wife and Children. AN ACT amending Sections 1854 and 1856, Chapter 32, of the Compiled Oklahoma Statutes, 1921, referring to the desertion and abandonment of a wife or children and providing for parole by the Governor upon recommendation of the District Judge, providing for bond, repealing all acts in conflict herewith, and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: Desertion of Children-Penalty. Section 1. That Section 1854, Article 32, of the Compiled Laws of Oklahoma, 1921, be amended to read as follows: "Section 1854. Any parent of any child or children under |