AN ACT providing for the dissection of the dead for the advancement of anatomical science, and procuring subjects therefor. Be it Enacted by the Legislative Assembly of the Territory of Oklahoma: SECTION 1. That a majority of either of the following boards of officers, to-wit: The county board of health and the board of county commissioners, shall, when requested surrender the dead bodies, of such persons as may be required to be buried at public expense to any recognized school of medicine in Oklahoma Territory, to be used by such school for the advancement of medical and anatomical science. SECTION 2. No such dead bodies shall in any case be surrendered if the deceased person, during his last illness, requested to be buried, or if within five days after his death any person claiming to be of kindred or a friend of the deceased, and satisfying the proper board of officers thereof, shall require to have the body buried, or if deceased person was a stranger who died suddenly before making himself known, the dead body shall in all such cases be buried. SECTION 3. It shall not be lawful for any person so receiving a dead body to use the same except for the prosecution of anatomical science, and after having been used the remains thereof shall be decently buried by the institution having them under control. SECTION 4. This Act shall take effect and be in force from and after its passage and approval. Approved March 10, 1899. AN ACT amendatory to Section 2, Chapter 28, Laws of 1897, "Regulating Pharmacy." Be it Enacted by the Legislative Assembly of the Territory of Oklahoma: SECTION 1. That Section 2, Chapter 28 of the Session Pharmacists defined; regLaws of 1897, Oklahoma [Territory], be and the same is istration. hereby amended so as to read as follows: Section 2. Registered pharmacists shall comprise all persons regularly registered as such in the Territory of Oklahoma for the year ending July 1st, 1897, and all other persons registered as licentiates in pharmacy for the aforesaid period, who have been authorized to conduct or manage a pharmacy in the Territory of Oklahoma, and all persons over eighteen years of age, having four years practical experience in compounding and dispensing physicians' prescriptions, who shall be of good moral character and shall pass a satisfactory examination before the Territorial Board of Pharmacy. Graduates in pharmacy, who have obtained diplomas from such colleges and schools of pharmacy as shall be approved by the Beard of Pharmacy, and who have had four years experience in the dispensing of physicians' prescriptions, shall, on presentation of diploma to said Board of Pharmacy, with satisfactory proof of good moral character, and the payment to said Board of a fee of five dollars, be made registered pharmacists: Provided, That any graduate of the phar maceutical dapartment of the University of Oklahoma Territory, upon presentation of a diploma, proof of a good moral character and of one year's experience in dispensing of physicians' prescriptions and the payment of the fee above speciefied, may be made a registered pharmacist. 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 March 13, 1899. CHAPTER XXIV. PROCEDURE CIVIL. ARTICLE. 1. Dismissal of civil actions. ARTICLE. 2. Probate Judge pro tem; District and Probate Judge, powers at chambers. ARTICLE 1.-DISMISSAL OF CIVIL ACTIONS. Dismissal of ause. SECTION. 1. Dismissal of cause. AN ACT empowering parties to dismiss civil actions without order of court. Be it Enacted by the Legislative Assembly of the Territory of Oklahoma: SECTION 1. That a plaintiff may, on the payment of costs and without an order of court, dismiss any civil ac tion brought by him at any time before a petition of intervention or answer praying for affirmative relief against him is filed in the action. A plaintiff may, at any time be. fore the trial is commenced, on payment of the costs and without any order of court, dismiss his action after the filing of a petition of intervention or answer praying for affirmative relief, but such dismissal shall not prejudice the right of the intervenor or defendant to proceed with the action. Any defendant or intervenor may, in like manner, dismiss his action against the plaintiff,, without an order of court, at any time before the trial is begun, on payment of the costs made on the claim filed by him. All parties to a civil action may at any time before trial, without an order of court, and on payment of costs, by agreement, dismiss the action. Such dismissal shall be in writing and signed by the party or his attorney, and shall be filed with the clerk of the district court, the judge or clerk of the probate court, or the justice, where the action is pending, who shall note the fact on the proper record: Provided, Such dismissal shall be held to be without prejudice, unless the words "with prejudice" be expressed therein. SECTION 2. This Act shall take effect and be in force from the date of its approval. Approved February 24th, 1899. ARTICLE 2.-PROBATE JUDGE, PRO TEM; DISTRICT AND SECTION. 1. Probate Judge disqualified. SECTION. 3. District and Probate Judges, AN ACT to provide for the selection of a pro-tem Probate Judge and authorizing the judges of District and Probate Courts to exercise certain jurisdiction at chambers. Be it Enacted by the Legislative Assembly of the Territory of Oklahoma: judges dis SECTION 1. No judge of the probate court shall sit in Probate any cause or proceeding wherein he may be interested, or qualified. wherein he shall have been of counsel, or where either of the parties may be connected with him by affinity or consanguinity within the third degree, nor shall he sit in any cause after any party thereto has filed an affidavit in writing, corroborated by three credible, disinterested witnesses residing in the county, stating that affiant has good reason to believe and does believe that the Judge is so prejudiced against him that he cannot have a fair and impartial trial if such judge continues to preside in such cause. Special judges, how selected. District and probate judges, powers in chambers. SECTION 2. Whenever a judge is disqualified, under Section 1 of this Act, to sit in any cause or proceeding, the parties thereto 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, if there by so many qualified to hold such office residing in the county, or then 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 proceed 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 persons residing in the county or in attendance upon the court, who may be thus 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 all the duties of probate judge in such cause: Provided, Any special judge selected in accordance with the provisions of this Act may be displaced for any cause, in the manner specified in Section 1. SECTION 3. Judges of the district and probate courts shall within their respective districts and counties be authorized to hear and determine at Chambers, motions to dissolve attachments and injunctions, and generally to exercise such supervisory control of the other officers and processes of their courts as to prevent abuses or op pression thereby or thereof. 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 March 13th, 1899. |