Special Judge, 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 proceed 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; but if there be not so many as three qualified per sons residing in the county or in attendance upon the court who may be nominated by the disqualified judge, he shall appoint a qualified person to act in his stead, and such person shall have full power to perform the duties of probate judge in such cause. SECTION 2. Section 8, Chapter 41, of the Session Laws of Oklahoma, 1895, and all Acts and parts of Acts in conflict herewith are hereby repealed.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 8th day of March, 1901. SECTION. ARTICLE 2.-SUBPŒNA, SERVICE OF. 1. Subpoena, How Served. AN ACT to Amend Section 9, Article 17, Chapter 68, Statutes of Oklahoma, of 1893, Relating to Service of Subpoenae in Criminal Cases. Be it Enacted by the Legislative Assembly of the Territory of Oklahoma: How Served. SECTION 1. That Section 9, Article 17, Chapter 68. Subpoena, Statutes of Oklahoma, 1893, be, and is hereby amended to read as follows: SECTION 9. Subpenas shall be served either by reading, or by copy, delivered to the witness, er left at his usual place of residence, but such copy need not contain the name of any other witness. SECTION 2. All laws and parts of laws 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 8th day of March, 1901. Treasurer, to Fund, How. Warrants, How Purchased; Attorney General, to Examine. 1. Investment of Territorial Funds. ARTICLE. 2. Misappropriation of Public Funds. ARTICLE 1.-INVESTMENT OF TERRITORIAL FUNDS. SECTION. 1. Treasurer; To Invest Public 2. Warrants, How Purchased; At- SECTION. 3. Warrants Purchased, to What Fund Carried. AN ACT Providing for the Investment of the Public Building Fund of the Be it Enacted by the Legislative Assembly of the Territory SECTION 1. The Territorial Treasurer, under the advice and direction of the Governor, is hereby authorized and required to invest the public building fund now in the treasury and such part of said fund as may accumulate in the next two years, in Territorial five or six per cent interest bearing warrants drawn against the general fund of the Territory. SECTION 2. The Treasurer is authorized to pay for such warrants their cash value, but in no event shall he pay more for any such warrants than the principal and accrued interest on the same up to the time of such purchase and payment, and, Provided, further, That the treasurer shall not invest any of such money in any such warrant until the same has been examined by the Attorney General and by him found to be a valid and subsisting debt against the general fund of the Territory; And, Provided further, That such warrants shall be purchased and redeemed in the order of their presentation and registration as now shown by official records or may hereafter be registered if the owners of such warrants desire the benefits of this Act. chased, to Carried. SECTION 3. All such warrants so purchased shall Warrants Purbe covered into the Territorial Treasury and carried What und to the account of the public building fund, and shall be carried assets of the public building fund until such time as the Legislative Assembly shall authorize the repayment of such money to the public building fund. SECTION 4. All laws and parts of laws 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. ARTICLE 2.-MISAPPROPRIATION OF PUBLIC FUNDS. SECTION. 1. Contracts of Municipal Boards; Void, When. 2 Public Officer, Liable, When; Contractor, Liable, When. SECTION. 3. Resident Tax-Payer May Main- AN Act for the Prevention of Misappropriations of Public Funds and for the Recovery of Money and Property of Pubiic Corporations Unlawfully paid out or Transferred. Be it Enacted by the Legislative Assembly of the Territory of Oklahoma: Municipal SECTION 1. That no Board of County Commission- Contracts of ers of any county, nor city council of any city, nor board of trustees of any township, town or village, nor any district board of any school district in this Territory shall make any contract with any of its members, or in which any of its members shall be. directly or indirectly interested; and that all contracts made in violation of this section shall be wholly void. cer, Liable, SECTION 2. That every officer of any county, town- Public Offship, city, town, village or school district, who shall hereafter order or direct the payment of any money or transfer of any property belonging to such county, township, city, town, village or school district in settlement of any claim known to such officers to be Resident Tax Payer May After Written Demand1 fraudulent or void, or in pursuance of any unauthorized, unlawful or fraudulent contract or agreement made or attempted to be made, for any such county, township, city, town, village or school district by any officer or officers thereof, and every person, having notice of the facts, with whom such unauthorized, unlawful or fraudulent contract shall have been made, or to whom, or for whose benefit such money shall hereafter be paid or such transfer of property shall be made, shall be jointly and severally liable in damage to all innocent persons in any manner injured thereby, and shall be furthermore jointly and severally liable to the county, township, city, town. village or school district affected, for double the amount of all such sums of money so paid, and double the value of property so transferred, as a penalty, to be recovered at the suit of the proper officers of such county, township. city, town, village or school district, or of any resident taxpayer thereof, as hereinafter provided. SECTION 3. That upon the refusal, failure or neg Maintain Suit lect of the proper officers of any county, township, Upon Officer. City, town, village or school district, after written demand made upon them by ten resident taxpayers of such county, township, city, town, village or school district, to institute or diligently prosecute proper proceedings at law or in equity for the recovery of any money or property belonging to such county, township, city, town, village or school district, paid out or transferred by any officer thereof in pursu ance of any unauthorized, unlawful, fraudulent or void contract, made, or attempted to be made, by any of its officers for any such county, township, city, town, village or school district, or for the penalty, provided in Section Two of this Act, any resident taxpayer of such county, township, city, town, village or school district affected by such payment or |