be by him certified to the city or town clerk to be credited on the Street Assessment Record.

Section 29. Enforcement of Assessment. 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 assessment, 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 or encumbrancers 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.

Section 30. Setting Aside Assessments-Limitations. No suit shall be sustained to set aside any assessment or to enjoin the governing body of any city or town from levying or collecting any such assessment, or installment thereof, or interest or penalty thereon, or issuing the bonds, or providing for their payment or contesting the validity thereof on any ground, or for any reason, other than for the failure of such governing body to adopt and publish the resolution declaring the necessity for such improvements and the publication thereof as provided in Section 5 of this Act. and 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 suit shall be sustained after the work has been completed and accepted by such city or town, except for failure to give such notice of the preliminary resolution of necessity or the failure to

give the notice of the hearing on such return of the appraisers; and provided, further, that in the event any special assessment shall be found to be invalid or insufficient, in whole or in part, for any reason whatever, the governing body may at any time in such manner provided for levying an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment.

Section 31. Accepting Improvements. Upon the completion of the improvement, the governing body of the city or town shall determine whether or not such work has been completed in accordance with the plans, profiles, specifications and contract therefor, and if found to be in compliance therewith shall accept the same, and when so accepted such action shall be conclusively binding upon all persons interested and upon the court.

Section 32. Renewing Improvements. In all cases where the governing body of any city or town shall deem it necessary to pave, construct, macadamize, chat or gravel, curb, gutter, drain, or otherwise improve any street, avenue, alley, lane or any part thereof, which shall have been heretofore paved, constructed, macadamized, curbed, guttered, drained, or otherwise improved, such improvement is authorized to be done under and in pursuance of the provisions of this Act, and in such case all provisions of this Act for making such improvements and levying assessments therefor and the issuance of bonds shall apply.

Section 33. Repair and Maintenance Fund. The governing body of any city or town may in addition to all other taxes levied for municipal purposes provide for an annual tax, not exceeding one (1) mill against all the taxable property of such city or town, for the purpose of repairing and maintaining any permanently improved streets in said city or town, heretofore and hereafter constructed.

Section 34. Partial Invalidity of Act. 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.

Section 35. Definition of Terms Used in this Act. Wherever the term "governing body" is used in this Act it shall mean the Mayor and Councilmen or Board of Commissioners of any city and the Board of Trustees of any incorporated town. Wherever 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, manholes, 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.

Section 36. Repeal. That Article 12. Chapter 29, of the Compiled Oklahoma Statutes Annotated, 1921, except that portion of Section 4623 thereof, reading as follows:

"All penalties for delinquent taxes, including penalties on special assessments and the interest on bonds for paving or other

special assessment bonds, over and above the amount specified in the face thereof, shall be and become the property of the city and shall be collected by the county treasurer, it being the intent of this provision to have such penalties go to the street repair fund of cities of the first class. All other penalties for delinquent taxes upon property situated within the corporate limits of any city of the first class, except where the same may have been bid in by some individual person or corporation, shall also go into the city street repair fund of cities of the first class and shall be used solely for the purpose of repairing and reconstructing streets and alleys which have heretofore been paved or macadamized;" and all other laws and parts of laws in conflict herewith are hereby repealed.

Section 37. Former Laws Continued in Force-When-How. In all such cities where such improvements are in the process of being constructed under the laws heretofore in foree in this state or for which proceedings have been commenced under such laws at the time this Act takes effect, the same shall be completed and paid for under such laws, and said laws are hereby extended in force as to such improvements until such improvements shall be completed and paid for as by such laws provided. Emergency.

Section 38. 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 in full force and effect from and after its passage and approval.

Approved March 23, 1923.

CHAPTER 174.

HOUSE BILL NO. 192.

County Attorney.

AN ACT fixing the salaries of county attorney and assistant county attorney and providing for a stenographer in counties having a population of more than 26,600 and less than 26,700 inhabitants, and declaring an emergency.

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

County Attorney-Salary.

Section 1. In all counties in this State having a population of not less than 26,600 and not more than 26,700 population, according to the Federal Census, the County Attorney shall receive a salary of $2,400.00, per annum, payable monthly.

Same.

Section 2. In counties having a population of not less than 26,600 and not more than 26,700, the County Attorney may appoint one assistant County Attorney at a salary of $125.00 per month, payable monthly, and one stenographer at a salary of $100.00 per month, payable monthly.

Emergency.

Section 3. 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 16, 1923.

CHAPTER 175.

HOUSE BILL NO. 197.

State Text Books.

AN ACT providing for a system of state text books in the public schools of Oklahoma; appropriating and setting aside the net proceeds of money collected from all foreign insurance companies doing business in the State of Oklahoma (foreign fire insurance companies excepted), and establishing a fund to be known as the State Text Book Fund; directing the State Insurance Commissioner to deposit said money with the State Treasurer, who shall designate said deposit as the State Text Book Fund; providing a method of distributing and otherwise putting into use state text books in all the public schools of the State, beginning August 1, 1924; amending and repeal.ng certain existing text book laws; making an appropriation to purposes of this act, and declaring an emergency.

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

Free Text Books-Appropriations.

carry out the

Section 1. For the purpose of supplying free text books to the children of the State of Oklahoma in grades from one to eight, inclusive, in every district in the State of Oklahoma, and for the purpose of defraying all contingent expenses necessary in carrying out the provisions of this Act, the State Treasurer is hereby directed to set aside the net amount of money collected by the State Insurance Commissioner from all foreign insurance companies doing business in the State of Oklahoma, (foreign fire insurace companies excepted), between June 30, 1923, and June 30, 1924, $600,000.00, and between June 30, 1924, and June 30, 1925, the sum of $350,000.00, and paid into the State Treasury as provided by law, said money to be designated as the State Text Book Fund; and in order that a sufficient amount of money may be on hand for supplying free text books to the children of Oklahoma during the fall term of 1924 and each year thereafter, there is hereby appropriated out of the State Text Book Fund, created in the first part of this section, and from moneys not otherwise appropriated, the sum of Six Hundred Thousand ($600,000.00) Dollars for the fiscal year ending June 30, 1924; Three Hundred Fifty Thousand ($350,000.00) Dollars for the fiscal year ending June 30, 1925, or so much thereof as may be needed, for the purpose of defraying the obligations herein provided for.

State Superintendent of Public Instruction-Duty.

Section 2. The purchase and distribution of free text books for the State of Oklahoma shall be under the management of the State Superintendent of Public Instruction, subject to the approval of the State Board of Education, and he is hereby authorized and empowered and it is made his duty to purchase basic text books from the publishers of text books adopted for use in the public

schools in the State of Oklahoma from grades one (1) to eight (8) inclusive, and to have said text books distributed to the various counties and cities of the State without cost to the pupils attending public schools of Oklahoma in the manner and upon the conditions hereinafter set forth.

Publishers-Contracts.

Section 3. All publishers with whom book contracts have been, or may be made, shall establish and maintain, or cause to be established and maintained, at Oklahoma City, Oklahoma, a depository or depositories where a stock of their books to supply all immediate demands shall be kept. The proper authorities, as outlined in this Act, are hereby authorized to purchase said State adopted books, (basic books), from said depositories, at publisher's State contract prices, provided, the text books furnished the State of Oklahoma under the terms of this Act shall contain no commercial advertising matter. It shall be the duty of said depositories to furnish said text books on receipt of requisitions from the State Superintendent of Public Instruction, by shipping same to the railway stations designated in said requisition or requisitions, with packing, drayage and freight prepaid on all shipments of one hundred pounds or more at the expense of the shipper.

Said depositories shall not be required to fill orders by express or mail, except such orders as may be defined by the State Superintendent of public Instruction as emergency orders, or in conformity to Section 4; provided, that the cost of carriage of such emergency orders of less than one hundred pounds and the cost of carriage above the established freight charges on orders of one hundred pounds or more may be added to the price of the books so shipped, or sent by express or parcel post; provided, further, that the shippers shall not be liable for demurrage charges in case shipments are refused or otherwise delayed at destination, and proof of delivery to carrier shall be prima facie evidence of receipt of same by consignee. Provided, also, that it shall be the duty of shippers or depositories to furnish in duplicate a certified list of contents of each and every shipment, one copy to be mailed to the proper consignee and one copy to the State Superintendent of Public instruction. Upon the failure of any publisher to furnish the books at the time specified in his contract and in this Act, the County Superintendent of Schools wherein such books have not been furnished shall report the same to the Attorney General, and he shall bring suit on account of such failure in the name of the State of Oklahoma in the District Court of Oklahoma County and shall recover on the bond given by such publisher, the full value of the books not furnished as required, and in addition thereto, the sum of One Hundred ($100.00) Dollars, and each day of failure to furnish the books shall constitute a separate offense, and the amount so recovered shall be placed to the credit of the State Text Book Fund. Provided, this penalty shall not apply for thirty (30) days where said delay is the result of an act of Providence.

Purchases.

Section 4. Whenever any pupil, parent, guardian or other