to have and receive for such replacement, the original contract price in force at the time demand is made for replacement, plus fifty percent thereof, unless a different sum is specifically fixed in the original contract.

Repealing Clause.

Section 6. All acts and parts of acts in conflict herewith are hereby repealed to the extent of such conflict.

Emergency.

Section 7. 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 e in full force from and after its passage and approval.

Approved April 9, 1923.

CHAPTER 51.

SENATE BILL NO. 113.

Court of Common Pleas.

AN ACT creating a court of common pleas in all counties having a city therein of over seventy-two thousand (72,000) and not more than ninety thousand (90,000) population, according to the last preceding regular decennial federal census; defining the jurisdiction thereof and creating the offices thereof and defining their powers and duties and providing for the appointment, election, qualifications, duties, powers and compensation of the judges and other officers thereof, and providing for pleading and practice and rules of procedure therein, and all appeals and writs of error therefrom, and providing for the transfer of causes from the district court to said court, and limiting the jurisdiction of the justices of the peace in such cities, and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :

Court of Common Pleas

Jurisdiction-Judges.

Section 1. That in all counties of the State of Oklahoma having a city therein with a population of more than seventy-two Thousand (72,000) people and less than Ninety Thousand (90,000) people, as shown by the last preceding regular decennial Federal census, there is hereby created and established in said city a court, to be called the "Court of Common Pleas of -County", (naming said county), which court shall have four judges, one clerk and deputy clerks, as herein provided, one marshal and deputy marshals, as herein provided, and court reporters, as herein provided. This court shall have full and complete jurisdiction of any and all matters, both civil and criminal, as heretofore and now within the power and jurisdiction of Justices of the Peace generally, and in addition thereto, it shall have jurisdiction in all civil matters, concurrent with that of the District Courts, as defined herein. This court shall be a court of record and shall have a seal in form similar to the court clerk's seal, and approved by the judges of this court upon organization thereof, and shall have jurisdiction to hear, try and determine civil actions at law, where the amount involved does not exceed the sum of One Thousand ($1,000.00) Dollars, exclusive of interest and costs, excepting causes involving title to real estate and causes in actions for divorce, nor in any action where the relief asked for in the peti

tion is purely equitable in its nature, and any action for libel and slander.

Justices of the Peace-Jurisdiction-Transfer of Cases.

Section 2. After this Act shall take effect, Justices of the Peace in any city where a court is hereby established, shall thereafter have no jurisdiction in any case, civil or criminal, except in civil actions, where the amount involved, exclusive of interest and costs, does not exceed One ($1.00) Dollar and except to solemnize marriages. All pending proceedings and judgments in such justice courts, shall be transferred to such Court of Common Pleas, and further proceedings thereon shall be had as in cases originally filed in said Court of Common Pleas and in judgments obtained therein, except such cases wherein said justice of the peace courts would have jurisdiction as herein defined. That no case shall be filed in any justice court of said county outside of said city, against a resident of said city in which such court is created, unless service of summons shall be had on the defendant in the township in which the said justice court is located.

Judges-Term of Office-Salary-Vacancies.

Section 3. The term of office of the judges of said court hereby established, shall be four years and until their successors are elected and qualified, and the first election of such judges shall be held by the electors of the county at large, which shall be held at the next regular election of District Judges in such county. The judges of said court shall be appointed by the Governor as soon as this Act becomes effective, to serve until their successors are elected and qualified. The judges of said court shall each receive a salary of Thirty-six Hundred ($3,600.00) Dollars, per year. In case of any vacancy in the office of any judgeship hereby created, the Governor of the State of Oklahoma shall appoint some suitable person having necessary qualifications of said office, who shall fill the remainder of the unexpired term. The qualifications of the judges of said court shall be the same as those required of the judges of the county courts of the State. Before entering upon the duties of such office, such judges shall take and subscribe an oath in form as prescribed by law for the District Judges.

Judges-Powers.

Section 4. Said judges shall have the general power of judges of courts of record and may administer oaths, take and certify acknowledgments, fix the amount of bail, act as conservators of the peace and have all power and authority which is now or may hereafter be vested in judges of District Courts of this State, or any other judicial officer, so far as the same can be made applicable to and not inconsistent with the provisions of this Act.

Court-Powers Jurisdiction-Exceptions.

Section 5. Where no provision is otherwise made in this Act, and except as expressly excepted in this Act, said Court of Common Pleas and the Judges thereof, shall be vested with all of the powers which are possessed by the District Courts of the State and the Judges thereof; and all laws of a general nature shall apply to said

Court of Common Pleas, so far as same can be made applicable, and not inconsistent with the provision of this Act, and jurisdiction of this Court shall be co-extensive with the limits of the county where situated. Said court shall have full power and authority to issue all process, civil and criminal, necessary and proper to carry into effect the jurisdiction given it by law and its judgments and other determinations, and shall have and possess all the powers usually possessed by the courts of record at common law, subject to the modifications of the statutes of this State applicable to courts of record, except it shall not have jurisdiction to issue writs of habeas corpus, quo warranto, Ne Exeat, mandamus, injunction or prohibition.

Process Forms-Service.

Section 6. All process shall be in the name of the State of Oklahoma and shall be issued under the seal of the court and signed by the clerk or his deputy, who shall be styled "Clerk of the Court of Common Pleas of County," (naming the county). Forms of process shall be the same as in the District Courts, and where no such form is applicable, the same may be prescribed by the judges of this court. In the absence of such prescribed forms, the forms of process used in the District Courts of this State, may be changed and adopted to the style of this court and used at the discretion of the court or clerk. Process may be directed for service to any marshal or deputy marshal of said court, or any sheriff or deputy sheriff, or any other officer authorized by law to serve process. A judge of said court may, in his discretion, appoint such special officer or officers for service of process as he may deem necessary. Terms-Same as District Court-Venue-Time for Answer.

Section 7. The said Court of Common Pleas shall hold regular terms for the trial of civil actions at and during the same time when said terms are held by the District Court in said county; and the said Court of Common Pleas may, by rule or order, appoint such terms to be held oftener or upon other days than that above mentioned. Civil actions in said court shall be commenced as by law provided for in the District Courts, and the venue of actions, parties, commencement of actions, pleadings, and all other acts of practice and procedure, both before and after judgment. shall be the same as that now or hereafter provided for in the Code of Civil Procedure of this State, so far as the same may be applicable to and not inconsistent with the provisions of this Act; except that the time for answer shall be ten (10) days after the return date of summons, and except that the time for demurrer and reply shall be ten (10) days in said court.

District Court-Transfer of Cases-Title to Real Estate.

Section 8. The District Court in any county wherein the Court of Common Pleas is hereby established, may, in its discretion, at any time, transfer any cause now pending, or hereafter filed in said District Court to the said Court of Common Pleas, in the event that the subject matter and amount involved in said cause be within the jurisdiction of the said Court of Common Pleas, as provided for in this Act, and said cause shall thereupon proceed as if originally brought

in said court. In case it shall appear, upon the trial of any cause, that the title to real estate is involved in the action, the Court of Common Pleas shall not proceed further therein, but shall transfer the action to the District Court in said county, and the cause shall be proceeded within the court to which it shall be transferred as if originally commenced therein.

Judgments-Liens-Transcript-Execution.

Section 9. No judgment rendered in said Court of Common Pleas shall attach as a lien upon real estate until transcript thereof, or certified copy of the journal entry of judgment in said cause, shall be filed as hereinafter provided, in the District Court in the County in which such Court of Common Pleas is hereby established.

Every person in whose favor a judgment is rendered in said Court of Common Pleas, may, upon paying the fee therefor, and all unpaid fees payable to the clerk in such action, demand and shall receive from such clerk a transcript of such judgment, duly certified, or a certified copy of the journal entry of judgment in said cause. and may file the same in the office of the court clerk of the District Court in said county, who shall file and docket the same as in cases of transcripts of judgments in the courts of justices of the peace. And every such judgment shall become a lien upon the real estate of the debtor, from the filing of such transcript or certified copy of journal entry of judgment, to the same extent as a judgment of the said District Court. The clerk of said Court of Common Pleas shall not issue such transcript while a writ of execution is outstanding in the hands of an officer or otherwise; and shall note on the record of such judgment the fact that such transcript has been given.

Costs Poverty Affidavits How Taxed.

Section 10. In any civil action brought in said Court of Common Pleas, except where a poverty affidavit is filed, as provided for in procedure for the District Court, the plaintiff shall deposit, as security for costs, the sum of Ten ($10.00) Dollars, except in cases where the amount prayed for in the petition does not exceed the sum of Two Hundred ($200.00) Dollars, exclusive of costs and interest, in which event, the said deposit shall be Five ($5.00) Dollars. Additional deposits for costs shall be made at the time and in the manner provided for in Section 764, of the Compiled Statutes of Oklahoma, 1921. In all cases wherein the amount prayed for in the petition, exclusive of interest and costs, does not exceed Two Hundred ($200.00) Dollars, the costs shall be taxed as provided for in justice of the peace courts. In all other cases, the costs shall be taxed as in the District Courts in this State.

Jury Selection of-Number and Qualification.

Section 11. Trial by jury in the said Court of Common Pleas shall, in all respects, be conducted as in the District Courts of this State, and all laws of a general nature applicable to jury trials and the selection of jurors in said District Courts, shall apply to said Court of Common Pleas, except as hereinafter provided. The juries for said Court shall be selected in the same manner as juries for the District Court, and the jury commissioners of the counties in which said court is created by operation of this Act, whenever they meet

to make jury lists for the District Courts, shall make an additional certified list of juries of the same number as for the District Court and mark the same "Jury list for the Court of Common Pleas," and shall deliver the same to the clerk of said court, and the said clerk and the marshal of said court shall draw from said list of jurors for the Court of Common Pleas, in the same manner as for the District Courts. Juries in said courts shall be composed of the same number of men of the same qualifications as in the District Courts.

Clerk-Deputies-Duties Salaries.

Section 12. There shall be a clerk of said court and as many deputies as may be determined to be necessary by a majority of the judges of said court, which said clerk and deputies shall be appointed by the said judges, or a majority thereof, in conference assembled, all of which said clerk and deputies shall hold office and be appointed for terms concurrent with that of the judges. A majority of the judges of said court shall have power to remove any clerk or deputy clerk at any time, at their pleasure, and to increase or decrease the number of deputy clerks thereof, as they may determine to be necessary. Such clerk, before entering upon the duties of his office, shall take and subscribe such oath in form as is required of the court clerk of said county, and shall execute a penal bond in the sum of Ten Thousand ($10,000.00) Dollars, with such sureties to be approved by the judges of said court, conditioned that he will faithfully perform his duties as clerk and will faithfully account for all moneys received by him by virtue of his office, and deliver all books, records and moneys to his successor. Such oath and bond shall be filed with the county clerk. The clerk of the said Court of Common Pleas shall have the custody and care of the books, papers and records of said court; and said clerk is hereby vested with all the powers and authority and shall perform in said court the same duties that are by law required of the court clerks in said county, so far as the same are applicable and not inconsistent with the provisions of this Act. He shall keep minutes of all proceedings, and enter all judgments and make up and keep the records of the court under the direction of the judges thereof. He shall tax all costs and disbursements and do all other acts and things necessary or proper to the enforcing or carrying out of the jurisdiction of said Court. Before any deputy clerk of said court shall enter upon the duties of his office, he shall take and subscribe the same oath in form prescribed and required to be taken by the clerk of said court, and execute a bond for the faithful performance of all his duties as such deputy clerk, to be fixed and approved by the judges of said court. Neither the said clerk nor any deputy clerk shall act as an attorney in any case. The deputy clerks appointed under the provisions of this Act, may administer oaths, take acknowledgments and perform all the duties pertaining to the office of the clerk of said Court of Common Pleas. The clerk and deputy clerks of said court shall perform such other duties as may be prescribed, from time to time, by the judges of said court. The salary of the clerk shall not exceed the sum of Two Hundred ($200.00) Dollars and the deputies' salaries shall not exceed the sum of One Hundred Fifty ($150.00) Dollars, per month, which shall be determined by the judges.