Specific Find ings of Court; AN ACT Relating to Occupying Claimants and Amendatory of General Sections 4500 and 4505 of the Statutes of Oklahoma, of the Year 1893, and fo Other Purposes. Be it Enacted by the Legislative Assembly of the Territory of Oklahoma: SECTION 1. Section 622 of the Code of Civil Pro Three Disin- cedure, the same being General Section 4500 of the Statutes of Oklahoma of the year 1893, is hereby amended so that the same shall read as follows, viz: terested Free- SECTION 622. The court rendering judgment in any case provided for by this article against an occupying claimant, shall, at the request of such occupying claimant, for the benefit of the provisions of this article, cause an entry to be made upon the journal of such request, and shall at once set a day for the trial of the right of such occupying claimant to compensation for all lasting, valuable and per manent improvements made by such occupying claimant, or those under whom he claims upon the premises prior to the issuing of of summons in the cause, and at such trial each party shall produce his evidence relating to such improvements, and the court shall make specific findings of fact on all matters relating to the right of such occupying claimant to compensation for such improvements, and shall find specifically whether such improvements were made in good faith and under under color of title and whether the occupying claimant is entitled to the benefit of this article, which findings shall be entered at length upon the journal, and if the court shall find that the occupying claimant is entitled to compensation for such improvements, it shall at once appoint three disinterested freeholders of the county who shall have the qualifications of jurors in the cause, to assess the actual value of the improvements on the date of the assessment, of which appointment and the date of assessment all parties to the action shall have five days' actual notice; also the rental value of the premises from the date of the summons to the date of the appraisement; also the actual value of the land without the improvements; which assessments shall be made upon actual view of the premises, and said appraisers shall reduce their appraisement to writing and return the same to the court or clerk thereof forthwith; and upon such report the court shall render judgment in accordance therewith; Provided, That if either party shall at any time before the return and filing of the report of the appraisers, demand a trial by a jury, the court shall at once discharge the appraisers and empanel a jury to find the facts and make the assessment of value which the appraisers were to make, which trial shall be had in open court and upon proofs to be adduced by the parties, and the trial shall be conducted in all respect as other jury trials, and the court may, in its discretion, send the jury to take an actual view of the premises, and the said jury shall return their findings of value into court and the court shall then enter judg ment in accordance with such findings; Provided That if either party deem himself aggrieved by such assessment of values or findings of the court, he may, upon motion and proper showing, obtain a new trial as in other cases under the Code of Civil Procedure of this Territory. SECTION 2. Section 4505 of the Statutes of Oklahoma, of 1893, is hereby amended so that the shall read as follows: Claimant to same Pay Excess: Appeals, How SECTION 4505. That if the appraisers or jury appointed or empaneled as herein before provided under the provisions of this Act shall find that the value of the improvements is greater than the value of the rents and damages and waste, then the court shall enter judgment that the successful claimant pay to the clerk of the court for the use of the occupying claimant the full amount of the excess of the value of the improvements over the value of the rents, damages and waste before writ of ouster shall issue; Provided, If either party shall deem himself aggrieved by the judgment and shall desire to contest either or both the findings of the court or the appraisement of the appraisers or the jury herein provided for, by appeal or otherwise, to a higher court, and the successful claimant shall execute an undertaking to the occupying claimant in double the amount of the excess in value as found by the appraisers or the jury, with good and sufficient surety to be approved by the clerk of the court, conditioned that he will pay such excess with interest from the date of the judgment, if the judgment be affirmed by the appellate court, then the writ of ouster shall, at the request of the successful claimant issue at once. SECTION 3. General Sections 4500, 4501, 4502, 4503, 4505, 4506, 4508 and 4509, of the Statutes of Oklahoma of the year 1893, and all Acts and parts of Acts in conflict with the provisions of this Act be, and the same are hereby repealed; and all actions now pending in the courts of this Territory, involving the rights of occupying claimants, shall be gov erned by the provisions of this Act. SECTION 4. This Act shall take effect and be in force from and after its passage and approval. Approved this 19th day of February, 1901. SECTION. CHAPTER XXIII. PROCEDURE CIVIL BEFORE JUSTICE. 1. Appeals From Justices of the Peace in Certain Cases. AN ACT to Provide for Appeals From Justices of the Peace in Certain Cases. Be it Enacted by the Legislative Assembly of the Territory of Oklahoma: From Justices in Certain SECTION 1. The plaintiff in any action brought Appeals under Article Four (4), of Chapter Sixty-seven (67) of of the Peace the Statutes of Oklahoma, 1893, may appeal to the Cases. district court of the county wherein said action is brought, from an order of a justice of the peace, dissolving an attachment, or releasing a garnishee, by filing an appeal bond as in other cases. When the plaintiff shall notify the defendant that he intends to appeal from the order of the justice of the peace dissolving an attachment, the property attached shall not be released until the expiration of ten days, after such order, and upon the giving of such appeal bond, such attached property shall be held to abide the order and judgment of the district court where the motion to dissolve the attachment shall be tried de novo. SECTION 2. This Act shall take effect and be in force from and after its approval. Approved this 8th day of March, 1901. Special Judge, 1. Special Judge. SECTION. 2. Subpoena, Service of. ARTICLE 1.-SPECIAL JUDGE. 1. Special Judge, How Selected. AN ACT Amending Section 9, and Repealing Section 8, of Chapter 41, Session Laws of Oklahoma, 1895, Relating to Procedure Criminal. Be it Enacted by the Legislative Assembly of the Territory of Oklahoma: SECTION 1. That Section 9, Chapter 41, of the SesHow Selected. sion Laws of Oklahoma, 1895, be, and the same is hereby amended to read as follows: SECTION 9. If the defendant shall, before witnesses are subpenaed, make affidavit that he cannot have a fair and impartial trial before the probate judge by reason of the bias or prejudice of the judge or that the judge is a material witness in the cause, or is related to the party in interest, such probate judge shall thereby be disqualified to try such cause, and when the probate judge is disqualified to try any criminal cause pending in the probate court, the county attorney and defendant may agree on a special judge to preside in his stead; but if they fail so to do, the disqualified judge shall preceed to select a special judge as follows: He shall nominate an odd number of persons not less than three, having the qualification of a probate judge, if there be so many qualified to hold such office residing in the county, or in attendance upon the court and the parties may alternately challenge such nominees until they are reduced to one, who shall be the special judge, and shall preside in the cause or other matter with authority to do any act that the regular judge, if not disqualified, might have done in such cause; |