bonds and the interest thereon, as herein provided. It shall be the duty of the town clerk, not less than thirty (30) days and not more than forty (40) days, before the maturity of any installment of such assessments, to publish in two (2) successive issues of a daily paper, or in one issue of a weekly newspaper, published in the county and of general circulation in said town, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street, streets or other public places for the improvement of which such assessments have been levied, and that unless the same shall be promptly paid said installment and interest shall bear interest at the rate of eighteen (18%) per cent, per annum, thereafter until paid, and proceedings taken according to law to collect said installment and interest; it shall be the duty of the town clerk, promptly after the date of maturity of any such installment and interest and on or before the fifteenth day of September each year, to certify said installment and interest then due to the county treasurer of the county in which the city or the town is located, which installment and interest shall be by said county treasurer placed upon the November delinquent tax list of the same year prepared by the treasurer of said county, and collected as other delinquent taxes are collected. It shall be the duty of the county treasurer to collect such installments of assessment, together with interest and penalty, so certified to him by the town clerk, as herein provided, and such county treasurer shall not receive the general or ad valorem taxes levied against the property, against which such assessments and interest remain unpaid unless said special assessments are likewise paid thereon; and within thirty (30) days from the receipt of such delinquent assessments, interest and penalty, so collected by the said county treasurer, the same shall be paid by the county treasurer to the town treasurer for disbursement in accordance with the provisions of this Act; provided, that failure of the town clerk to publish such notice of the maturing of any installment and interest shall in no wise affect the validity of the proceedings to collect the same under the provisions of this Section. All payments to the town treasurer on account of such assessments shall be by him certified to the town clerk to be credited on the Street Assessment Record.

Bonds-Holder-Foreclosure of Lien.

Section 15. Any holder of any street improvement bond issued under the provisions of this Act shall have the right to institute, in the name of the city or town, issuing such bond, an action in the district court of the county in which said property is located to foreclose the lien of such assessment whenever such assessment is delinquent at least for a period of twelve (12) months, stating in said petition generally the ownership of such bond, describing the property assessed, the nature of the improvement, the amount of the unpaid delinquent assessment and penalty thereon at the rate of twelve (12%) per cent, per annum, and praying for the foreclosure of such lien. Summons shall be issued on such petition as in other civil actions and the cause tried by said district court. Judgment may be entered thereon for the amount of such unpaid assessments, together with interest thereon at the rate of twelve (12%) per cent,

per annum, from the date said assessment was due and payable up to the time of the institution of such action and for the sum of six (6%) per cent interest on said judgment from the time of the institution of such action until said judgment is paid. In the event said judgment, together with interest and costs, is not paid within six (6) months after the date of the rendition thereof, an order of sale shall issue by the clerk of said court, directed to the sheriff of the county, to sell said real estate in manner and form as in case of sale of real estate under execution. Such judgment shall carry the costs of such action, together with the costs of such sale; and upon the payment of such judgment, the amount thereof, exclusive of such costs, shall be paid to the city or town treasurer and become a part of the separate, special fund to pay such outstanding bonds and interest thereon. Such judgment shall provide for the sale of said real estate subject to existing general or ad valorem taxes and special assessments. All owners and incumbrancers shall be made parties defendant in such suit. Upon the institution of an action to collect delinquent and unpaid assessments in any paving district against property liable therefor, no other or further action shall be instituted and maintained to collect such delinquent assessment against said property for said year.

Suit.

Section 16. No suit shall be sustained to set aside any assessment or to enjoin the governing body of any town from levying or collecting any such assessments, or installments thereof, or interest or penalty thereon, or issuing the bonds, or providing for their payment or contesting the validity thereof on any grounds, or for any reason, other than for the failure of such governing body to give notice of the hearing on the return of the appraisers unless such suit shall be commenced not more than fifteen (15) days after the publication of the ordinance levying assessments; and no temporary restraining order or temporary injunction shall issue without giving at least five (5) days notice of the application therefor and until the plaintiffs shall make and execute an approved bond, conditioned to pay all damages, and a reasonable attorney fee in the event such temporary restraining order or temporary injunction was improperly granted, and no permanent or perpetual injunction shall be granted unless the plaintiffs execute a good and sufficient bond, conditioned to pay all damages and a reasonable attorney fee in the event it be finally determined that such permanent or perpetual injunction should not have been granted.

Partial Invalidity Clause.

Section 17. If any section, sections or parts of this Act be held unconstitutional or void, such holding shall not affect the remaining portions of this Act.

Definitions.

Section 18. Whenever the term "governing body" is used in this Act it shall mean the board of trustees of any incorporated town. Whenever the term "abutting property" is used in this Act it shall mean all property within a block liable for assessments for both front and side street improvements. The term "draining" when used in this Act shall mean the construction and connection

of all necessary inlets, catch basins, man-holes, underground drainage and sewer pipes so as to provide for the collection, carriage and disposal of all surface water falling on or carried to any permanently improved street or way, to the most available existing outlet therefor.

Emergency.

Section 19. 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 be effective, and be in full force from and after its passage and approval.

Approved April 4, 1923.

CHAPTER 16.

SENATE BILL NO. 26.

Motor Vehicles.

AN ACT regulating the driving and operating of motor vehicles, providing punishment therefor, and repealing all laws in conflict therewith, and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :

Definitions.

Section 1. The words and phrases used in this Act shall for the purposes of this Act, be construed to mean as follows:

(1) "Motor Vehicle" shall mean all vehicles propelled otherwise than by muscular power, except vehicles operating upon stationary rails or tracks.

(2) "Trailers" shall mean to include all vehicles propelled by the motor power furnished by a vehicle to which it is attached for that purpose.

(3) "Highway" shall mean to include any thoroughfare, highway, county road, state highway or state road, public street, avenue, public park, driveway, public square or place, bridge, viaduct, trestle or any other thoroughfare or structure, public or private, designed, intended or used by or for the general public for travel or traffic or the passage of vehicles, within the State of Oklahoma.

(4) "Person" shall mean to include the owner or operator of any motor vehicle.

Motor Vehicles Operating-Speed Limits.

Section 2. Any person or persons operating or driving, or propelling any vehicle as set out and designated in Section 1, of this Act, upon said highways shall operate, drive or propel same in a careful and prudent manner, and at a rate of speed not greater than is reasonable under the existing circumstances, and having due regard to the traffic and use of the highway, and having due regard for the safety of pedestrians or property, and drivers or operators of other vehicles, whether such vehicles are propelled by muscular power, electricity, gas, gasoline or steam; no person or persons shall operate, propel or drive a motor vehicle as defined in Section 1, of this Act, on any highway at such rate of speed as to endanger the life or limb of any other person or persons, or the safety of any

property, and it shall be unlawful to operate, propel or drive such motor vehicle as defined in Section 1, of this Act, upon any highway within the State of Oklahoma at a rate of speed in excess of thirtyfive miles an hour; provided, further, no person or persons shall operate, propel or drive any motor vehicle as provided for in Section 1, of this Act, in any city, town or village or at the intersection of the street, alley, highway or in approaching any electric or steam railway crossing at grade, or in approaching or going around corners or curves in said street, alley or highway, where the operator, driver or propellor of said motor vehicle has not an unobstructed view of at least one hundred and fifty feet before the approach of such street, alley or highway, curve or corner, at a greater rate of speed than fifteen miles per hour; provided, further, that any person or persons violating any provision of Section 2, of this Act, shall be guilty of a misdemeanor for the first offense and shall be fined not less than $25.00, nor more than $100.00, or imprisoned in the county jail for not less than ten nor more than thirty days, or by both such fine and imprisonment, and for the second offense shall be fined not less than $100.00, nor more than $1,000.00, or shall be imprisoned in the county jail for a period of time of not less than thirty days, nor more than six months, or by both such fine and imprisonment. Intoxicating Liquor-Persons Driving Car.

Section 3. It shall be unlawful for any person who is under the influence of intoxicating liquor, or who is a habitual user of narcotic drugs, and the having on or about one's person or in said vehicle of said intoxicating liquor is prima facie evidence of a violation of this Act, to operate or drive a motor vehicle on any highway within this State, as defined in Section I, of this Act, and any person violating the provisions of this section shall be deemed guilty of a felony and shall be punished by imprisonment in the penitentiary not more than one year, or by fine of not more than Two Thousand ($2,000.00) Dollars, or by both imprisonment and fine. Repealing Clause.

Section 4. All Acts and parts of Acts in conflict herewith are hereby repealed.

Emergency.

Section 5. It being immedately 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 17.

SENATE BILL NO. 27.

Surplus Funds.

AN ACT providing for the disposition of balance in excess of contract price of any special fund which remains to the credit of any county of this state in the hands of the State Highway Commissioner, and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

Funds in State Depository-State Highway Commissioner.

Section 1. Whenever there remains in the State Depository to the credit of the State Highway Commissioner of the State of Oklahoma, on account of any county in this State, an unexpended balance of any special fund, being an amount in excess of the contract price of any Federal Aid Road or Bridge project and the purpose for which it was created has been fully observed, and there remains no further use for such balance the State Highway Commissioner shall make a certificate to the Board of County Commissioners of such county showing the amount of such balance, and it shall then be lawful for the Board of County Commissioners of such county, by Resolution, to transfer such balance to any other Federal Aid Road or Bridge projects of such county.

Repealing Clause.

Section 2. All acts and parts of acts 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 January 23, 1923.

CHAPTER 18.

SENATE BILL NO. 30.

Salaries of Deputy Assessors.

AN ACT designating and fixing the salaries of certain deputies and assistant county assessors in the State of Oklahoma in counties having a population of more than fifty-two thousand (52,000) and less than fifty three thousand (53,000), according to the last preceding Decennial Federal Census, and providing for expenses of certain county assessors and deputy assessors when away from the county seat on business connected with their office, and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :

Deputy Assessors-Salaries.

Section 1. In all Counties of this State having a population of over Fifty-Two Thousand (52,000) and less than Fifty-Three Thousand (53,000), and a County Seat of more than Twelve Thousand (12,000), as shown by the last preceding Decennial Federal Census, and with an assessed valuation of not less than Twenty-Seven Million, Nine Hundred Fifteen Thousand ($27,915,000.00) Dollars as shown by the assessment rolls for the year 1920; the County As