Performance, penalty for ailure.

AN ACT relating to roads and highways, and amendatory of Section 21, of Article 1, of Chapter 72, of the Statutes of Oklahoma, of 1893, entitled "Roads and Highways," and Article 1, of Chapter 44, of the Session Laws of Oklahoma, of 1895, entitled "An Act to Amend Section 19, of Article 1, of Chapter 72, Statutes of Oklahoma, 1893, entitled 'Reads and Highways.'"

Be it Enacted by the Legislative Assembly of the Territory of Oklahoma:

SECTION 1. That Section 21, of Article 1, of Chapter 72, of the Statutes of Oklahoma of 1893, entitled "Roads and Highways," be, and the same is hereby amended to read as follows: Section 21. Whenever it shall appear in consequence of sickness or absence from home, or from any other cause, that the road work aforesaid shall not be performed within the time specified in this Act, or when the township board shall deem such work unnecessary, the overseer is hereby authorized to require the performance of such work at any time prior to the tenth day of November then next ensuing, and in case any person shall neglect or refuse to do the four days work, or furnish a substitute, or pay the sum of one dollar per day, or plant the trees as provided by this Act, or if any person shall appear at the proper time and place as directed by the overseer and neglect or refuse to do a reasonable day's work according to his ability, the road overseer shall certify all such delinquent road taxes to the county clerk, who shall place the same on the tax roll for collection, subject to the same penalties and to be collected in like manner as other taxes are by law collected, and the same when collected shall be paid to the road district from

which collected, and be expended in improving the roads and highways therein.

emptions.

SECTION 2. Article 1, of Chapter 44, of the Session Poll tax, exLaws of Oklahoma, of 1895, entitled "An Act to Amend Section 19, of Article 1, of Chapter 72, of the Statutes of Oklahoma of 1893, entitled 'Roads and Highways,'" is hereby amended to read as follows: Section 1. All male persons between twenty-one and fifty years of age, who have resided thirty days in this Territory, who are capable of performing labor on public highways, and who are not a township or county charge, shall be liable each year to perform four day's work of eight hours each on the public roads, under the direction of the road overseer within whose district or ward they may respectively reside, or furnish a substitute to do the same, or pay the sum of one dollar per day to any road overseer, who shall receipt for the same and expend it in repairs on the public roads within his district or ward, and any money so received and not expended shall be paid over to his successor in office, who shall expend the same as above pro.vided: Provided, That one dollar per day shall be allowed for a team when used at the discretion of the overseer. Provided further, That upon proof being made to the road overseer by any person that he has planted, cultivated and [has] growing on his homestead, east and west along the public highway, two rows of one hundred and sixty healthy forest or shade trees one rod apart, and that he will continue to cultivate and replant the same for the period of three years thence next ensuing, the overseer is hereby authorized to exempt said person each year for the period of four years, from two days' work provided for by this section, but only after proof of said cultivation of said trees each year: Provided, This provision does not apply to persons having homesteads composed of wood land along the public highways.

seers neglect.

SETCION 3. It shall be unlawful for any road overseer Road overto knowingly neglect or fail to notify any person liable misdemeanor to do work upon the roads as in this Act provided, to do

Prosecucions before justice.

North and

east line of

such work, or for such overseer to fail or neglect to certify to the county clerk the delinquent road tax as required in this Act, and it shall be unlawful for any such overseer to issue any receipt or certificate to any person showing or certifying that such person has done or performed road work in excess of the work by such person performed on the roads or paid money in excess of the money actually by such person paid. And any person violating the provisions of this section shall be deemed guilty of a misde

meanor.

SECTION 4. Any person liable to perform road work as required in this Act who having been duly notified to perform such work shall fail or refuse to comply with such notice and perform such work or furnish a substitute therefor as required in this Act, shall be deemed guilty of a misdemeanor and punished by confinement in the county jail for a period of ten days, or by a fine of not less than ten dollars nor more than twenty-five dollars, or by both such fine and imprisonment: Provided. That it shall be the duty of the road overseer to file a complaint before some justice of the peace of his township against such person so refusing or failing to comply with such notice within ten days after such failure or refusal. And any road overseer failing to file such complaint shall be guilty of a misdemeanor and punished as in this section provided for the person so refusing. And the justices of the peace are authorized to hear and determine such actions.

SECTION 5. That Section 1, of Article 3, of Chapter 44, Load district. of the Session Laws of 1895, be, and the same is hereby amended to read as follows: That hereafter, exclusive of work performed on roads in the interior of each road district in this Territory, it shall be the duty of road overseers to work the roads on the north and east lines of their road districts respectively: Provided. That whenever the south or west lines of any road district do not, for any reason, adjoin another road district, the road overseer

of any district so situated, shall also work the roads on the south or west lines of his district.

SECTION 6. This Act shall take effect and be in force from and after its passage and approval. Approved March 15th, 1899.

225

AN ACT relating to the term of office of the County Superintendent of Public Instruction.

Be it Enacted by the Legislative Assembly of the Territory of Oklahoma:

office.

SECTION 1. The term of office of the county superinten- Term of dent of public instruction elected in each county at the general election in the year 1900, and at each general election thereafter shall commence on the first Monday in July after his election.

cumbents.

SECTION 2. County superintendents of public instruc- Present intion of each county elected at the general election in the year 1898 shall hold their offices till the first Monday in July, 1901, and until their successors are elected and qualified.

SECTION 3. All laws and parts of laws in conflict herewith are hereby repealed.

SECTION 4. This Act shall be in force and take effect after its passage and approval.

Approved March 10th, 1899.

Joint district boundaries.

Lands able to assessment.

District to be numbered.

First election, taxes.

AN ACT creating a school district out of lands lying in Logan and
Oklahoma Counties, in Oklahoma Territory.

Be it Enacted by the Legislative Assembly of the Territory
of Oklahoma:

SECTION 1. There is hereby created a school district at the station of Waterloo, in Oklahoma County, Oklahoma Territory, which shall contain the following described lands, to wit: The west half of Section 31, in Township 15 north, of Range 2 west, I. M., and Sections 34, 35 and 36, in Township 15 north, of Range 3 west, I. M., and Sections numbered 1, 2, 3 and the northeast quarter of Section numbered 4, in Township 14 north, of Range 3 west, I. M., and the west half of Section 6, in Township 14 north, of Range 2 west, I. M.

SECTION 2. The lands above described shall be subject to assessment in the various districts from which they are respectively taken, to pay any debt now owed by such districts.

SECTION 3. The county superintendent of Oklahoma County shall number the school district hereby created.

SECTION 4. School officers shall be elected and taxes levied in the district hereby created, as in other districts. The first election shall be held at Waterloo.

SECTION 5. All Acts and parts of Acts in conflict here. with are hereby repealed.

SECTION 6. This Act shall be in full force and effect from and after July first, 1899.

Approved March 10th, 1899.