CHAPTER 224.

HOUSE BILL NO. 446.

Justice of the Peace Courts.

AN ACT fixing the number of Justice of the Peace Courts in cities having a population of 90,000 and over as shown by the last Federal Decennial Census; prescribing qualifications, fixing the time of election and term of office of such Justices; fixing the salaries and compensation, duties and powers thereof; providing for the appointment of a Clerk for such Courts; fixing the duties of such Clerk and prescribing the qualifications, compensations of such Clerk and salaries thereof; providing for the election of Constables for such Courts, prescribing their duties and fixing their salaries and qualifications; providing for the collection and deposit and disbursal of fees by said Court, and providing for security of costs in said Court and payment of the costs and expenses of said Court; providing for the furnishing of court rooms for such Courts and fixing the jurisdiction of cases filed therein and providing other purposes incidental and relating thereto.

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

Justice of the Peace Courts-Number.

Section 1. That in all cities of this State having a population of 90,000 or over as shown by the last preceding Federal Decennial Census, the number of Justices of the Peace for said city district is hereby fixed at four, after January 1, 1925; and such Justice of the Peace Court shall be known as the "Justice Court of (name of City), Oklahoma," and there shall be elected at the regular general election in 1924, four Justices, who shall be Justices of said Court, and who shall be nominated and elected in the same manner of Justices of the Peace as may be provided by law from time to time and the term of office of said Justices shall be two years beginning the first Monday in January, 1925, and such Justices shall hold their office until their successors are elected and qualified.

Same-Vacancies in Office.

Section 2. That in the event of the death, resignation or removal from office of any Justice of said Court; or in the event of the removal from the city of any such Justice, the vacancy caused thereby shall be filled in the manner now or which may from time to time, be provided by law for filling vacancies in the office of Justice of the Peace.

Persons Eligible.

Section 3. That no person shall be eligible to election or appointment to the office of such Justice of the Peace unless, at the time of his election or appointment he shall be a person of good moral character, a citizen of the State for a period of one year next preceding his election or appointment, a duly and regularly licensed Attorney at law by the Supreme Court of Oklahoma, and shall have been actually engaged in the practice of law for at least three years prior to his election or appointment.

Jurisdiction.

Section 4. Such Justice Courts shall have the jurisdiction conferred by the Constitution and the laws of the State upon Justices of the Peace as the same now exists or as may be from time to time provided by law.

Same Additional Jurisdiction.

Section 5. The Justices of the Peace affected by this Act, in addition to the jurisdiction conferred by Section 4, shall also have jurisdiction concurrent with the County Court in civil actions wherein the matter in controversy exclusive of interest and costs exceeds the sum or amount of Two Hundred Dollars and is less than Five Hundred Dollars; and in said cases a review may be had in either the District Court or the Supreme Court on transcript, or casemade, or bill of exceptions signed and certified by the trial justice. Procedure.

Section 6. That all cases tried in such courts, the Justice of the Peace procedure fixed by law, shall apply.

Board of County Commissioners-Court Rooms-Supplies.

Section 7. The Board of County Commissioners of the County wherein such Courts are located shall provide buildings and court rooms for the suitable holding of said Courts and shall properly furnish all light, heat, water, furniture, janitor service and stationery for the said Courts and pay for the same from the funds hereinafter provided.

Clerk.

Section 8. As hereby created the office of the Clerk of the Justice Courts of such cities, who shall be Clerk of all four of said Courts and whose official title shall be "Clerk of the Justice Courts of County, Oklahoma," who shall be appointed by the County Commissioners of said County wherein said Court is located and who shall, at the time of his (or her) appointment, be a person of good moral character; over the age of twenty-one (21) years and a citizen of the State of Oklahoma for more than one year previous to the appointment. Such Clerk shall take the usual oath of office and give a sufficient bond to the State of Oklahoma in such sum as may be fixed by the County Commissioners of said County for the safety, care and accounting for all moneys received by him; said bond to be approved by the County Commissioners; and said Clerk shall be custodian of all re-delivery bonds taken by constables.

Same-Deputies.

Section 9. Such Clerk shall be allowed by the Board of County Commissioners, sufficient deputies to handle the business of the office with dispatch, not exceeding four, and said deputies shall be appointed by the Clerk, which said deputies shall possess the same qualifications as herein required of said Clerk; said Clerk and Deputies shall perform all the clerical duties required to be performed for said Courts; shall issue all process, keep all records, take security for and collect all costs and fees due to said Court; receive and collect money in settlement of judgments, enter all judgments and orders of the Court and perform as nearly as may be, all the clerical services of said court in the manner and form as nearly as may be, in which similar duties are required to be performed by the Clerk of the District Court; such Clerk shall have a seal and be empowered to administer oaths, but not to take acknowledgments to deeds or written instruments.

Accounts Costs-Fees.

Section 10. Said Clerk shall keep an accurate account of all costs and fees earned by his office and all deposits and moneys paid into said office and all disbursements thereof, and shall make report of the same to the Board of County Commissioners in the same manner as nearly as may be, as is now required of the Court Clerk of the State; shall pay into the County Treasurer, all costs and fees earned and collected in the same manner as is now required by the Court Clerk of this State, which costs and fees, when paid into the County Treasurer, shall be kept separate and be designated as the "Justice of the Peace Court fund of City, Oklahoma," and from said funds shall be paid the costs, expenses and fees by this Act authorized and provided.

Cost Deposits.

Section 11. Clerk of said Court shall require a Court Deposit of $5.00 on all civil cases filed in said Court, which deposit shall be required in advance of the filing of any action, except where the plaintiff shall make affidavit that on account of his poverty he is unable to give the required security for costs; said Clerk shall collect all fees earned by said Court and pay them into the Justice Court fund of said Court as hereinabove provided.

Constables-Elections.

Section 12. There shall be elected at the next regular election held in this State in 1924, four constables in all cities of the class designated by this Act, who shall be constables to said Court and whose term of office shall be two years and until their successors may be elected and qualified. Said constables shall at the time of their election, be citizens and residents of the State of Oklahoma, men of good moral character, not having previously been convicted of any crime under the laws of this or any other State, nor having previously been removed from any office heretofore held by them. Said constables shall take the oath of office now prescribed by the Constitution and laws of this State and shall, before entering upon their duties, execute a good and sufficient bond to the State of Oklahoma in such sum as may be fixed by the County Commissioners of said county for the faithful performance of his duties. Said bond shall be approved by said Board of County Commissioners; provided, that in the event of death, resignation or removal of such constable, that such vacancy shall be filled in the manner as is now provided or which may hereafter from time to time be provided by law for filling vacancies in the office of constable.

Fees.

Section 13. The same fees shall be charged and collectable by the Clerk of said Court as are now charged and collectable by law, in the Justice of the Peace Courts of this State.

Salaries.

Section 14. The salary of the Justices provided for by this Act shall be Three Thousand ($3,000.00) Dollars, each, per annum, payable monthly, by the County Commissioners of said county in the same manner as the salaries of other County Officers; the sal

ary of the Clerk shall be Two Thousand ($2,000.00) Dollars, per annum, and said deputy clerks shall receive a salary of One Hundred ($100.00) Dollars, per month; the Constables who are elected and qualified to serve said Court as herein provided, shall each receive a salary of One Hundred Fifty ($150.00) Dollars, per month, and, in addition thereto, shall receive all mileage earned by them in the service of process in the same manner as mileage is received and collected by deputy sheriffs under the laws of the State, which said compensations shall be payable to the parties entitled thereto on vouchers presented to and warrants issued by the Board of County Commissioners.

Cases-Numbering.

Section 15. When cases are filed in said Court, the Clerk of said Court shall number them in rotation; first number thereof being A-1 and successively until the numbers shall reach 100,000, then numbers shall begin with B-1 and so on, and each Justice of said Court shall take jurisdiction of each fourth successive case filed in said Court in numerical rotation and retain jurisdiction thereof until lost by dismissal, final disposition or change of venue to some other Justice as may be by law provided from time to time. Surplus Funds.

Section 16. That at the end of each fiscal year, any surplus remaining in the Justice Court fund hereby created, shall be turned into the general court fund of said county, but any deficiency existing in said fund for such fiscal year wherein the funds resulting from said court are insufficient to pay the expenses thereof, shall be paid from the said fund during the succeeding fiscal year, if same is sufficient therefor, but no appropriation shall be incurred by the Excise Board of the respective County in the tax levy of said Court for the support of such Court in the event such Court proves not self-sustaining.

Coroner-Fees.

Section 17. When any of such Justices are called upon to perform the duties of coroner under the Laws of this State, such Justices shall perform such duties within the limits of such city without cost to the County, but when called to act as coroner outside the limits of the City, such Justices shall be allowed for such coroner's services, 20c a mile for each mile necessarily traveled in the performance of such duty and a fee of $5.00 per day for each day necessarily employed in such coroner's investigation.

Partial Invalidity Clause.

Section 18. Should any provision of this Act be held invalid, same shall not affect the validity of any other provision hereof.

Approved March 28, 1923.

CHAPTER 225.

HOUSE BILL NO. 448.

Holidays.

AN ACT amending Section 3546. of Chapter 17, of the Compiled Oklahoma Statutes, Annotated, 1921, relating to holidays.

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

Holidays.

Section 1. That Section 3546, Chapter 17, of the Compiled Oklahoma Statutes, Annotated, 1921, relating to Holidays be hereby amended to read as follows:

Holidays are, every Sunday, the first day of January, the twentysecond day of February, the fourth day of July, the eleventh day of November, the twenty-fifth day of December, the thirtieth day of May, every day on which an election is held throughout the State, and every day appointed by the President of the United States or by the Governor of this State, for a Public fast, Thanksgiving or Holiday.

Approved April 9, 1923.

CHAPTER 226

HOUSE BILL NO. 451.

Confederate Pensions.

AN ACT making a deficiency appropriation for the payment of Confederate Pensions for the fiscal year ending June 30, 1923, and for extra help in office of Commissioner, and declaring an emergency.

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

Appropriation.

Section 1. That there is hereby appropriated out of any funds in the State Treasury, not otherwise appropriated the sum of Forty Thousand ($40,000.00) Dollars, or so much thereof as may be necessary to supply the existing deficiency in the 1921 appropriation for the payment of Confederate pensions as they become due, during the residue of said fiscal year, 1923, which amount is necessary to maintain the present rate of ten dollars per month for Class "B", and fifteen Dollars per month for Class "A" to such pensioners, as per Section 1, Chapter 15, Session Laws of Oklahoma, 1919.

Appropriation.

Section 2. That there is hereby further appropriated out of any funds in the State Treasury not otherwise appropriated, the sum of Five Hundred Sixty Three Dollars ($563.33) and Thirty-three Cents, which is necessary to supply the existing deficiency for Extra Help in the office of the Commissioner of Pensions during the residue of said fiscal year 1923.

Emergency.

Section 3. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby