AN ACT to Prohibit the Sale or Offering for Sale or Bringing Into the Territory of Oklahoma for the Purpose of Sale or Giving Away of Any Cigarettes, Cigarette Paper or Substitute Therefor. Be it Enacted by the Legislative Assembly of the Territory of Oklahoma: Cigarettes, etc.; Misde Penalty. SECTION 1. That it shall be a misdemeanor for any Prohibiting person, firm or corporation to sell, offer to sell, or to Away bring into the Territory for the purpose of selling, meanor: giving away or otherwise disposing of, any cigarettes, cigarette paper or substitute for the same; and each violation of any of the provisions of this Act shal! be a misdemeanor, punishable by a fine of not less than ten dollars, nor more than Five Hundred Dollars. May Present SECTION 2. The grand jury shall have power Grand Jury to present indictments against persons violating the Indictments. provisions of this Act. 1st 1901. SECTION 3. Be it further enacted that this Act In force May shall take effect and be in force from and after the first day of May, 1901. SECTION 4. All Acts and parts of Acts in conflict with this Act are hereby repealed. Approved this 8th day of March, 1901. ARTICLE 5.-RAPE. Rape Defined. SECTION. 1. Rape Defined. AN ACT Amending Section 1, of Article 2. of Chapter 20, Session Laws Be it Enacted by the Legislative Assembly of the Territory SECTION 1. That Section 1, of Article 2, Chapter 20, Session Laws of Oklahoma, 1895, amendatory of Section 1, Article 26, of Chapter 25, Statutes of Oklahoma, 1893, be, and the same is hereby amended to read as follows: SECTION 1. Rape is an act of sexual intercourse accomplished with a female, not the wife of the perpetrator, under either of the following circumstances: First, where the female is under the age of sixteen years. Second, where the female is over the age of sixteen years and under the age of eighteen, and of previous chaste and virtuous character. Third, where she is incapable through lunacy or any other unsoundness of mind, whether temporary or permanent, of giving legal consent. Fourth, where she resists but her resistance is overcome by force and violence. Fifth, where she is prevented from re sistance by threats of immediate and great bodily harm, accompanied by apparent power of execution. Sixth, where she is prevented from resisting by any intoxicating, narcotic, or anesthetic agent, administered by or with the privity of the accused. Seventh, where she is at the time unconscious of the nature of the act and this is known to the accused. Eighth, where she submits under the belief that the person committing the act is her husband, and this belief is induced by artifice, pretence or concealment prac ticed by the accused, or by the accused in collusion with her husband with intent to induce such belief. And in all cases of collusion between the accused and the husband of the female, to accomplish such act, both the husband and the accused shall be deemed guilty of rape. SECTION 2. All Acts and parts of Acts in conflict herewith are hereby repealed. SECTION 3. This Act shall take effect and be in force from and after its passage and approval. Approved this 28th day of February, 1901. AN ACT to Prohibit the Sale or Giving Away of Intoxicating Liquors Within Be it Enacted by the Legislative Assembly of the Territory Selling or Near Sacred Pottawatomie SECTION 1. That from and after the passage and approval of this Act, it shall be unlawful for any per- of Liquors son to sell, give away, or in any manner dispose of Heart Mission. malt, spiritous, or vinous liquors within two miles of County. the college building of, and belonging to the Order of the Benedictine Fathers, Sacred Heart Mission, Pottawatomie County, Oklahoma Territory; Provided, That nothing herein contained shall be construed to prevent the manufacture and use of native wines for sacramental and other purposes by the said order, at the said mission. SECTION 2. Any person convicted of violation of Penalty. this Act shall be fined in any sum not less than One Hundred Dollars, nor more than Five Hundred Dollars, or by imprisonment in the county jail for a period not less than thirty days, nor more than ninety days, or by both such fine and imprisonment, at the discretion of the court. SECTION 3. All Acts and parts of Acts in conflict with this Act are hereby repealed. SECTION 4. This Act shall take effect and be in force from and after its passage and approval. Approved this 8th day of March, 1901. Defrauding Prima Facie SECTION. ARTICLE 7-.TO PROTECT INNKEEPERS. 1. Defrauding Hotel or Innkeep- SECTION. 1. Prima Facie Evidence of Fraudulent Intent. AN ACT to Define and Punish Frauds Upon Hotel, Inn, Boarding and Be it Enacted by the Legislative Assembly of the Territory SECTION 1. That any person who shall obtain food, lodging or other accommodation at any hotel, inn, boarding and eating houses, with intent to defraud the owner, or keeper thereof, shall be deemed guilty of a misdemeanor, and, upon conviction shall be punished by a fine not exceeding One Hundred Dollars, or imprisonment in the county jail not more than thirty days. SECTION 2. Proof that lodging, food or other accommodation was obtained by false pretence, or fictitious show, or pretence of baggage, or that the party refused to pay for such food, lodging or other accommodation, or that he or she surreptitiously re moved or attempted to remove his or her baggage shall be prima facie evidence of the fraudulent intent mentioned in Section 1 of this Act; but this Act shall not apply to regular boarders, nor when there has been an agreement to delay the payment. SECTION 3. This Act shall take effect and be in force from and after its passage and approval. Approved this 28th day of February, 1901. AN ACT to Regulate the Time of Beginning Actions to Try the Title to a County Office. Be it Enacted by the Legislative Assembly of the Territory of Oklahoma: test, When SECTION 1. That whenever any person who has Election Conbeen a candidate for any county office, and whose Brought. name has been placed upon the official ballot, shall desire to bring an action to try the title to said office, he may commence such action at any time after the result of said election has been announced, and such action shall not be dismissed because it was instituted before the person declared elected has taken possession of such office. SECTION 2. That all Acts and parts of Acts in con flict herewith are hereby repealed. SECTION 3. That this Act shall take effect and be in force from and after its passage and approval. Approved this 5th day of March, 1901. |