contract. All such construction work shall be done under the direction and to the satisfaction of the engineer employed by said Board and be approved by the Board.

Claims Payment.

Section 30. No claims shall be paid by the Treasurer of said district until the same shall have been presented and allowed by the Board of Commissioners and only upon warrants signed by the president and countersigned by the secretary, and if the district treasurer has not sufficient money on hand to pay such warrants when presented, he shall endorse thereon "not paid for want of funds" and endorse thereon the date presented, over his signature, and from the time of such presentation until paid such warrant shall draw interest at the rate of six per cent per annum. All claims against the district shall be verified the same as is required in the case of claims filed against the counties in this State, and the secretary of the district is hereby authorized and empowered to 'administer oaths to the parties verifying such claims the same as a county clerk or a notary public might do. The district treasurer shall keep a register in which he shall enter each warrant presented for payment, showing the date and amount of such warrant, to whom payable, the date of the presentation for payment, the date of payment, and the amount paid in redemption thereof, and all warrants shall be paid in the order of their presentation for payment to the district treasurer. All warrants shall be drawn and payable to the claimant or bearer.

Emergency.

Section 31. 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 28, 1923.

CHAPTER 242.

HOUSE BILL NO. 517

Road Improvement Districts.

AN ACT providing for the creation and establishment of road improvement districts for the purpose of building, constructing and maintaining the highways of the state of Oklahoma, repealing all conflicting laws, and declaring an emergency.

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

Road Improvement District-Procedure.

Section 1. (A) That whenever a majority in acreage of landowners within a proposed Road Improvement District in any county shall petition the State Commissioner of Highways to establish a Road Improvement District to embrace a certain region which it is intended shall be embraced within the boundaries of the proposed district and shall file a plat with said petition upon which the boundaries of the proposed district shall be plainly indicated showing the roads which it is intended to construct and improve

as nearly as practicable and shall also file a good bond conditioned that petitioners will pay all court costs and legal advertising and cost of preliminary surveys and plans that may accrue in the event said district is not established; it shall be the duty of the State Commissioner of Highways to give public notice by publication in some weekly newspaper having a bona fide circulation in said county by two consecutive insertions therein that said petition has been filed, and giving a description of the territory embraced in said petition in as large subdivisions as practicable and calling upon all persons, firms, or corporations owning land or other real property within the proposed district to appear before the State Commissioner of Highways on a date to be fixed in said notice not less than five days after the last insertion of said notice to show cause for or against the establishment of said district. The original petition may be circulated among landowners, or such number of exact copies of same as may be deemed necessary may be circulated, and when all of said petitions are filed at or before the time of the hearing above mentioned the said petition shall be consolidated and treated as one petition, if same are filed before or at the date of said hearing.

State Commissioner of Highways-Petition.

Section 1. (sic) (B) Upon application of ten or more landowners within a proposed Road Improvement District to the State Commissioner of Highways it shall be the duty of the State Commissioner of Highways to direct the employment of an engineer and so cause preliminary survey, plan, specifications and estimate of cost of the roads which it is proposed to construct and improve within said district in the same manner as set out in Section 7 of this Act, and file them in the office of the State Commissioner of Highways for the purpose of determining the feasibility of any road improvement and the cost thereof before said petitions are circulated, and when said preliminary plans, specifications and estimates are so made and filed, the State Commissioner of Highways, upon the application of ten or more landowners, shall cause to be prepared the petitions to be circulated among the landowners in the proposed district for the purpose of obtaining a majority in acreage or number of landowners as set out in the preceding paragraph.

Upon the filing of a sufficient petition as herein provided, it shall be the duty of the State Commissioner of Highways to cause by suitable resolution the improvement of such roads as provided for in this Act.

Same Hearing.

Section 2. The State Commissioner of Highways, at the hearing provided for in the preceding section, shall determine the sufficiency of said petitions.

If it appears to the State Commissioner of Highways that the petition is signed by a majority in acreage of landowners within the proposed district, and no sufficient protest has been filed and if the State Commissioner of Highways deems it to the best interest of the county and the landowners in said district, it shall be the duty of the State Commissioner of Highways to so declare and make an order establishing said district, and, if the State Com

missioner of Highways is of the opinion that any part, or parts of the territory included in the petition and plat is not benefited by the proposed improvement, the State Commissioner of Highways may, in the order creating said district, eliminate such territory from the boundaries of this district.

The petition or objections may be signed by women who own real property, whether married or single, guardians may sign for the estate represented by them, and if the signatures of any corporation is attested by the corporate seal the same shall be sufficient evidence of the assent of the corporation to said petition. No petition or objection shall be signed by agent unless same is accompanied by power of attorney duly acknowledged. Provided that all hearings upon protest upon any road improvement district shall be heard at the county seat of the county where said road r improvement is located.

The words "real property" or "land" wherever used in this Act shall include land, improvements thereon, railroads, railroad right-of-ways and improvements thereon, including public buildings, side tracks and tram roads.

Orders-Effect of.

Section 3. The order of the State Commissioner of Highways establishing a Road Improvement District shall have the force and effect of a judgment and shall be deemed conclusive, final and binding upon all territory embraced in said district, and shall not be subject to collateral attack.

Any owner of real property within the district may appeal to the District Court of the County in which said proposed Improvement district is located from said judgment within thirty days by filing an affidavit for appeal, stating in said affidavit the special matter on which said appeal from the order of the State Commissioner of Highways, establishing or refusing to establish such district or eliminating any territory therefrom is taken.

Same Commissioners.

Section 4. When the State Commissioner of Highways makes an order establishing a road improvement district, he shall also make an order declaring the same to be, and to exist, under the name and style of Road Improvement District (name and number) of County, Oklahoma, and said district shall then. become a body politic and corporate by said name and may sue and be sued, plead and be impleaded, and have perpetual succession for the purpose of building, constructing, maintaining and repairing the roads in said district.

The State Commissioner of Highways at the same time, shall also appoint three persons, owners of real property in said district and men of business ability, to act as commissioners for said district.

Commissioners.

Section 5. Each of the commissioners so named shall take an oath of office required by the Constitution of the State of Oklahoma, and shall also swear that he will not directly or indirectly be interested in any contract made by the Board of Commissioners. The

Board of Commissioners shall take the oath before the clerk of a court of record, or notary public, and a copy of the oath shall be signed by the members of the Board and filed with the county clerk of the County in which such district is located.

Any member of the board failing or refusing to take the oath of office within thirty (30) days after he is notified of his appointment by the State Commissioner of Highways shall be considered to have declined to serve, and the vacancy filled by the State Commissioner of Highways.

Board of Commissioners Organization.

Section 6. Upon the qualification of members of the Board of Commissioners, they shall organize by selecting one of their members president, and another secretary. They shall also adopt a seal for the district, and procure such records and books as are necessary for the carrying on of the work of the district.

As soon as a report of the organization of the district is made to the State Commissioner of Highways said road improvement district shall become a body politic under the laws of the State of Oklahoma. It may sue and be sued, plead and be impleaded; and have perpetual succession for the purpose of building, maintaining and repairing the public roads within said district as hereinafter provided.

The members of the Board shall be allowed as compensation an amount deemed reasonable by the State Commissioner of Highways, not to exceed five ($5.00) dollars per day, each, provided, for not more than two days per month only for clerk of said Board, while engaged in attending board meetings and also necessary expenses while engaged on business for the district out of the county, said amount to be paid out of the funds of said road improvement district.

The Board of Commissioners is also authorized to engage the necessary attorneys, engineers and other agents for assisting them in carrying out the improvements contemplated, and they shall fix their pay, subject to the approval of the State Commissioner of Highways. No fee shall be allowed for more than four (4%) per cent of the total cost of said road or improvement project.

Same Engineer-Plans.

Section 7. Immediately upon the qualification and organization the Board of Commissioners shall call upon the State Engineer unless they should deem it advisable to employ some other competent engineer approved by the Highway Commissioner, instead, cause to be prepared plans, specifications, and estimates of the roads which it is proposed to construct, maintain and repair and said plans, specifications and estimates, among other things, shall show the starting point, or points, the general direction of the roads to be constructed, their termini, cuts, fills, grading to be done, bridges, and culverts to be constructed, the length and width. of the roads, the depth, character and other essentials of the material to be used in the construction of the improvement, together with the estimated cost of said improvement. Such plans, specifications and estimates shall be approved by the State Engineer.

Provided, however, if any engineer other than the State En

gineer is appointed he shall give bond in a sum not less than one thousand ($1,000.00) dollars, to be fixed and approved by the Board of Commissioners conditioned that said engineer will faithfully discharge the duties imposed by the board upon him as engineer for said district. The engineer shall proceed to prepare the plans, specifications and estimates for said improvement.

And provided further, that if a preliminary survey, plans, specifications and estimates are made in accordance with Section 1, (b) of this Act, and the Board of Commissioners find that said engineer's report is full and complete, or that any part thereof is applicable and may be used to the advantage of the district, they shall adopt the same in whole, or in part as the case may be.

Provided however, in formulating the plans for said district only such roads as are public roads at the time, or such as may be dedicated as public roads, or laid out as public roads, shall be improved under the terms of this Act, and when any extension, or lateral road is ordered improved, said roads shall first be dedicated, or established as a public road.

Plans and Specifications-Board of Assessors.

Section 8. As soon as the Board of Commissioners have adopted the plans and specifications for the improvement, and shall have ascertained the cost of the improvement it shall file same with the State Commissioner of Highways, and file the official plans, specifications and estimates, of cost for said improvement in the office of the County Clerk after such plans, specifications and estimates have been approved by the Commissioner of Highways. The Commissioner shall appoint three owners of real property within said county who shall constitute the Board of Assessors for said district.

Board of Assessors-Compensation.

Section 9. The Board of Assessors shall meet at a time within the thirty days, to be designated by the Board of Commissioners, and shall take the oath that they will well and truly apportion and assess the benefits to be received by each landowner by reason of the improvements of the lands or other property in said district, which oath shall be filed with the county clerk of the county and duly recorded in the proceedings of the district. A majority of the assessors shall constitute a quorum for the transaction of business. If any person appointed by the Board of Commissioners as assessor shall fail or refuse to take the oath within ten days after notification of his appointment he shall be deemed to have declined to serve, and his place shall be filled by the Board of Commissioners appointing another person to fill the vacancy. The assessors shall hold their office until the work is completed, or until they are removed by the Commissioners for any good reason, and shall receive as compensation for their services a sum to be fixed by the Commissioners not to exceed $5.00 per day.

Assessment of Benefits.

Section 10. The assessment of benefits shall be made by the assessors in a book bound in permanent form and furnished by the