Marshal-Deputies-Bond-Duties-Salaries.

Section 13. There shall be a marshal of said court and as many deputy marshals as may be determined to be necessary by a majority of the judges of said court, which said marshal and deputy marshals shall be appointed by the said judges or a majority thereof, in conference assembled, all of which said marshal and deputy marshals shall hold office and be appointed for terms concurrent with that of the judges. A majority of the judges of said court shall have the power to remove any marshal, or deputy marshal, at any time, at their pleasure, and to increase or decrease the number of the deputy marshals thereof as the said judges may determine to be necessary. Such marshal and deputy marshals, before entering upon the duties of their offices, shall take and subscribe such oath in form as is required of the sheriff and deputy sheriffs of this State, and shall execute a 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 they will faithfully perform all their duties as marshal or deputy marshal, and will faithfully account for all moneys received by them by virtue of their office, and deliver all books, records and moneys to their successors. Such oaths and bonds shall be filed with the county clerk. The duties, powers, rights, authority and liabilities of said marshal and each of said deputy marshals shall be the same as those prescribed for constables, elected or appointed, and serving in justice courts in this State, and, in addition, the same as those prescribed by law for the sheriffs of the several counties, so far as the same are consistent with the terms of this Act. The said marshal and deputy marshals shall perform such other duties as may be prescribed, from time to time, by the judges of said court. The salary of the said marshal and each of the deputy marshals of said Court shall be fixed by the judges thereof, but, in no event, shall the salary of the marshal exceed the sum of Two Hundred Fifty ($250.00) Dollars, per month, and the salaries of each of the various deputy marshals shall not exceed the sum of One Hundred Seventy-five ($175.00) Dollars, per month.

Court Reporters-Number-Duties-Salaries.

Section 14. There shall be as many court reporters for said court as may be determined to be necessary by a majority of the judges of said court, but not to exceed three (3) in number, which said court reporters shall be appointed by the said judges, or a majority thereof, in conference assembled, all of which shall hold office and be appointed for terms concurrent with that of the judges. A majority of the judges of said court shall have the power to remove any court reporter, at any time, at their pleasure. Such court reporters for said court, before entering upon the duties of their respective offices, shall be duly sworn in open court faithfully to perform all of the duties of their office. It shall be the duty of said court reporters of said court, when directed by one of the judges of said court, to attend the court for which he is appointed, and when directed, to exactly and truly record or take stenographic notes of the testimony and proceedings in the cases tried, and to perform such other duties as may be prescribed from time to time by the said court or any judge thereof. The salaries of said reporters shall be fixed by the judges of said court, but in no event to exceed One

Hundred Fifty ($150.00) Dollars, per month. In addition to said salary of said court reporter, he shall charge and receive the same fee for writing transcripts as provided for by the law for payment of reporters in District Courts, and the general laws relating to reporters in said Court of Common Pleas, except where the same are inconsistent with the provisions of this Act.

Rules of Procedure-Promulgation and Printing.

Section 15. The judges of said court, or a majority thereof, immediately upon their appointment, may meet and prepare and promulgate such rules of procedure, for the purpose of the expeditious administration of justice, not inconsistent with the provisions of this Act, and the laws of this State, as may be necessary to carry on and facilitate the business of said court. All such rules shall be printed within a reasonable time after their adoption, and furnished upon application, to members of the bar and the public generally, the expense of printing such rules to be a part of the incidental expense of said court and to be borne by the county in which said court is established.

County Commissioners-Officers-Salaries and Expenses.

Section 16. The County Commissioners shall, upon the passage of this Act and the creation of such court, furnish suitable quarters for the judges and officers of said court, as well as necessary furniture, fuel, light, stationery and other incidentals, as may be necessary for the operation of said court, at the expense of the county. The salaries of the judges of said Court of Common Pleas, together with the salaries of the other officers of said court herein provided for, together with all expenses incidental to the creation, existence and running of said court, shall be paid by the county wherein such court is hereby established, in the same manner as county officers are paid, and the salaries of the judges and other officers of said court shall be paid in monthly installments.

Appeals Procedure.

Section 17. Appeals and proceedings in error shall be taken from the judgments or orders of said Court of Common Pleas direct to the Supreme Court and Criminal Court of Appeals, in all cases, both civil and criminal, in the same manner and by like proceedings as appeals are taken to the Supreme Court and Criminal Court of Appeals of this State, from judgments or orders of the District Court, as now or hereafter provided by law. Constitutionality of Sections of Act.

Section 18. The invalidity of any section, subsection, sentence or clause in or of this Act, shall not in any manner affect the validity of the remaining portion hereof.

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 take effect and be in full force from and after its passage and approval.

Approved February 27, 1923.

CHAPTER 52.

SENATE BILL NO. 117.

Assistant County Attorneys.

AN ACT fixing the salaries of the assistant county attorneys of all counties in the state of Oklahoma, having a population of not less than 61,000, and not more than 62,000, as shown by the federal census of 1920, providing for the appointment of assistant county attorneys and fixing the salary thereof, and declaring an emergency.

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

County Attorney-Assistants.

Section 1. Hereafter, the county attorney of any County in the State of Oklahoma, having a population of not less than 61,000, and not more than 62,000, as shown by the Federal Census of 1920, may appoint a Third Assistant County Attorney for said County in addition to the ones now provided by law, who shall be a citizen and resident of said County, learned in the law, and shall be under the directions of said County Attorney, performing all the duties as are now required of Assistant Prosecuting Attorneys of this State. Said Assistant County Attorney shall be paid a salary in the amount of Two Thousand ($2,000.00) Dollars, per annum. Salary.

Section 2. The salary referred to in the foregoing section of this Act, shall be paid out of the proper funds of said County, upon the order of the Board of County Commissioners.

Repealing Section.

Section 3. All Acts and parts of Acts in conflict herewith are hereby repealed and this Act shall apply to the Assistant County Attorneys in all counties in the State of Oklahoma, having a population of not less than 61,000, and not more than 62,000, as shown by the Federal Census of 1920.

Term.

Section 4. Said office of Third Assistant County Attorney shall exist only for the term ending January 1st, 1925.

Emergency.

Section 5. 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 February 28, 1923. ·

AN

CHAPTER 53.

SENATE BILL NO. 118.

Fees for Copies of Records.

ACT amending Section 6482, Compiled Oklahoma Statutes, 1921, authorizing the Corporation Commission to fix, charge and collect a fee or fees for copies or records furnished and supplied from the oil and gas conservation department of said Commission, and declaring an emergency.

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

Corporation Commission-Fees for Copies of Records.

Section 1. That Section 6482, Compiled Statutes of Oklahoma, 1921, be amended to read as follows:

"Section 6482. That for all transcripts or records furnished or made by the Corporation Commission or its Secretary, at the instance of any person, firm, company or corporation, the same fee should be charged as is required by law to be charged by the Clerk of the Supreme Court for making transcripts or records; Provided, that the Corporation Commission may by order fix and collect such fees as it may deem reasonable and just for copies of records furnished from Oil and Gas Conservation Department of the Corporation Commission. All fees collected under the authority herein granted shall be converted into the State Treasury as provided by law."

Emergency.

Section 2. 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 March 28, 1923.

CHAPTER 54.

SENATE BILL NO. 123.

Labor and Materialman's Liens.

AN ACT amending Section 7461, Compiled Oklahoma Statutes, Annotated, 1921, relating labor and materialman's lien, and declaring an emergency.

to

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

Liens.

Section 1. Section 7461, of Oklahoma Compiled Statutes, Annotated, 1921, be and the same is hereby amended to read as follows:

"Section 7461. Any person who shall, under oral or written contract with the owner of any tract or piece of land, perform labor, or furnish material for the erection, alteration or repair of any building, improvement or structure thereon or perform labor in putting up any fixtures, machinery in, or attachment to, any such building, structure or improvements; or who shall plant any tree, vines, plants or hedge in or upon such land; or who shall

build, alter, repair or furnish labor or material for buildings, altering, or repairing any fence or foot walk in or upon said land, or any sidewalk in any street abutting such land, shall have a lien upon the whole of said tract or piece of land, the buildings and appurtenances. If the title to the land is not in the person with whom such contract was made, the lien shall be allowed on the buildings and improvements on such land separately trom the real estate. Such liens shall be preferred to all other liens or encumbrances which may attach to or upon such land, buildings or improvements or either of them subsequent to the commencement of such building, the furnishing or putting up of such fixtures or machinery, the planting of such trees, vines, plants or hedges, the building of such fence, footwalk or sidewalks, or the making of any such repairs or improvements; and such lien shall follow said property and each and every part thereof, and be enforceable against the said property wherever the same may be found, and compliance with the provisions of this Article shall constitute constructive notice of the claimant's lien to all purchasers and encumbrancers of said property or any part thereof, subsequent to the date of the furnishing of the first item of material or the date of the performance of the first labor."

Emergency.

Section 2. 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 April 9, 1923.

CHAPTER 55.

SENATE BILL NO. 132.

Custodian American Legion Memorial Hall.

AN ACT creating the office of Custodian of the American Legion Memorial Hall in the State Capitol, providing for his appointment and qualifications, describing his duties and fixing his compensation, making an appropriation therefor, and declaring an emergency.

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

Custodian.

Section 1. That there is hereby created the office of custodian of the American Legion Memorial Hall for the Department of Oklahoma, the same to be located in the State Capitol.

Appointment.

Section 2. Such custodian shall be appointed by the Governor for a term co-terminus with that of the Governor, but subject to removal by that official at any time deemed advisable by him. Provided, however, that such appointment shall be made by the Governor from a list of names submitted by the executive committee of the American Legion for the Department of Oklahoma.

Duties.

Section 3. Said custodian shall, before entering upon his du