against any of its stockholders that have not wholly paid the capital stock held by him, and in such action the court must ascertain the amount that is unpaid upon the stock held by each stockholder and for which he is liable, and a several judgment must be rendered against each in conformity therewith. Each stockholder shall be individually liable in double the amount unpaid upon the stock or shares owned by him at the time such action is commenced, and such liability will not be released by any subsequent transfer of stock. Bank Ex Duties of. SECTION 17. Companies organized under this Act Inspection by shall be subject to inspection by the Bank Examiner aminer and of this Territory, and if, upon examination, such company is found to be insolvent, it shall be the duty of such commissioner immediately to take charge of such company and all property and effects thereof. Upon so taking charge the commissioner shall as soon as possible ascertain by thorough examination into its affairs its actual financial condition, and whenever he shall become satisfied that such company can not resume business or liquidate its indebtedness to the satisfaction of all its creditors, he shall institute proper proceedings in the proper court for the purpose of having a receiver appointed to take charge of such company and to wind up the affairs and business thereof for the benefit of creditors and stockholders. The Bank Commissioner shall receive the same fees for his services as provided by law to be paid to him for like services in the examination of banks in this Territory; Provided, However, This Act is subject to the provisions of Section Three, Article One, Chapter Seventeen of the Statutes of Oklahoma Territory of 1893. SECTION 18. This Act shall take effect and be in force from and after its passage and approval. Approved this 8th day of March, 1901. Authorizing Change Spring Creek. ARTICLE 1.-CHANGING WATER COURSE IN KAY COUNTY. sioners to Change Course of 3. Letting Contract; Expenses, Spring Creek. How Paid. AN ACT Authorizing the Board of County Commissioners of Kay County, Be it Enacted by the Legislative Assembly of the Territory SECTION 1. That the Board of County Commismissioners to sioners of Kay County, Territory of Oklahoma, is hereby authorized to change the course of a certain stream known as Spring Creek, in Owen Township, Kay County, Oklahoma Territory, by diverting it from its course at or near the southwest corner of the northeast quarter of Section Thirteen (13), of Township Twenty-five (25) north, of Range Two (2) west, of the Indian Meridian, and let it be made to traverse a line running due north to the point where it empties into the Salt Fork river of the Arkansas. SECTION 2. The Board of County Commissioners shall, before such creek is changed, cause the county surveyor of such county to make a survey and duly mark the course of such proposed change and return his survey, duly certified, to the county clerk of such county; whereupon the Board of County Commissioners shall determine the depth and width and general character of the channel to be cut and shall set a day at which, after giving twenty day's notice in a newspaper printed in such county, such Board of County Commissioners shall hold a session at the county seat of such county to make estimates of the Procedure. damages due any person or persons owning the land through or across which such channel is to be cut. On such hearing the Board of County Commissioners shall hear any legal evidence. The Board of County Commissioners shall fix the damage and compensation due any person or persons for that part of the land through or across which the channel of such creek is to be cut; Provided, That written notice shall be served on the occupants of any tract of land through or across which such channel or survey extends, at least ten days before such hearing, and if any person is aggrieved at the action of the Board of County Commissioners, they may appeal therefrom to the district court of such county in the same manner that appeals are taken from the justice of the peace in civil cases. Contract; How Paid. SECTION 3. When the Board of County Commis- Letting sioners shall have condemned such property as here- Expenses, in provided, the same shall become vested in the County of Kay, and the Board of County Commissioners shall let the contract for the cutting of such channel in the manner now authorized by law for the letting of contracts for the construction of public bridges. All expenses, fees and damages necessarily incurred in the construction and cutting of such channel and change of such creek shall be paid out of the road and bridge fund of such county upon order of the Board of County Commissioners. SECTION 4. All Acts and parts of Acts in conflict herewith are hereby repealed. SECTION 5. This Act shall take effect and be in force from and after its passage and approval. Approved this 8th day of March, 1901. Legalizing Probate Judge County. ARTICLE 2.-LEGALIZING ELECTION OF PROBATE JUDGE. SECTION. 1. Legalizing Election of R. A. Billups, Probate Judge of AN ACT Legalizing the Election of R. A. Billups Probate Judge of Washita Be it Enacted by the Legislative Assembly of the Territory SECTION 1. That the election of R. A. Billups, proR. A. Billups, bate judge of Washita County, Oklahoma Territory, on the sixth day of November, 1900, is hereby legalized, and all and sundry of his Acts, orders and find ings are hereby ratified in so far as they would have been legal had the election of the said R. A. Billups, probate judge, been legal and valid in all respects. SECTION 2. This Act shall take effect and be in force from and after its passage and approval. Approved this 5th day of March, 1901. Advertise ment for Bids; ARTICLE 3.-LETTING CONTRACTS FOR COUNTY BUILD SECTION. INGS. 1. Advertisement for Bids; Bids Accepted; Specifications; AN ACT Amending Section 36, Article 9, Chapter 22, Statutes of Oklahoma, 1893, Providing for the Time and Manner of Letting Contracts for the Construction and Erection of Court Houses and Jails. Be it Enacted by the Legislative Assembly of the Territory of Oklahoma: SECTION 1. That Section 36, Article 9, Chapter 22, Bids Accept of the Statutes of Oklahoma, 1893, be and the same ed; Specifi cations; Bond is hereby amended to read as follows: of Bidder. SECTION 36. That the Board of County Commissioners shall cause an advertisement for bids for the erection of such buildings to be printed in some news. paper printed in the county, or of general circulation therein, if there be no newspaper published in said county, for a period of at least thirty days prior to the date set for the opening of bids, and in such other newspapers in the Territory as the Board of County Commissioners may deem advisable. Such advertisement shall give the place where the plans and specifications may be examined, the date on which bids will be opened, the time which will be allowed for the completion of such building, and such other information as the board may direct. Bids may be opened, considered, passed upon and contracts for the erection of said buildings let at any regular session of said board, or at a special session thereof called for such purpose, but in all cases the bids must be opened and contracts let in open session of said board; the lowest responsible bid must in all cases be accepted unless all bids are rejected, and the contract for such buildings shall be so conditioned that not more than eighty per cent of the price agreed to be paid for the construction thereof, shall be paid until the terms of the contract shall have been fully complied with and the building completed to the satisfaction of the board and accepted by them. The said Board of County Commissioners may require to be filed with each bid a bond, or in lieu thereof a certified check, conditioned that the bidder will enter into a contract with approved security, for the performance of the work in accordance with the plans and specifications in case his bid be accepted, and when such contract is awarded to any such bidder, such bidder shall execute to the county a good and sufficient bond in double the sum of such contract, with two or more sureties, to be approved by the Board of County Commissioners, conditioned for the faithful and full performance of such contract. |