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taker-up before the clerk, and before the estray is sold in accordance with the provisions of this Act, the owner or his agent may, by proceeding in the manner above described, claim and retake an estray from the taker-up, upon the payment to him of the actual cost lawfully incurred in estraying, together with fair compensation for the keep of the same, which compensation, if not agreed upon by the parties, may be determined and adjudged by the justice of the peace within whose jurisdiction the estray was taken up, after five days previous written notice, signed and given or caused to be given by either party to the other of the name of such justice, and of the time and place of the hearing before him: Provided, Such justice may compel the attendance of witnesses, and an appeal shall lie from his decision in such as in other cases.


SECTION 11. When an affidavit, duly corroborated, as Justices' cerrequired by Section 10 of this Act, has been filed with a justice of the peace by the claimant of an estray, such justice shall issue to him a certificate over his official signature that the law entitling the claimant to retake the estray from the taker-up has been complied with, which certificate shall be delivered to the taker-up before, or at the time of retaking the estray from him.

of entry by

SECTION 12. If an estray be retaken by the owner from Cancellation the taker-up in the manner prescribed by this Act the county clerk. taker-up may relieve himself from further liability on account of such estray by presenting to the county clerk the certificate of the justice that the claimant has complied with the law entitling him to retake the estray from the taker-up, or by making affidavit before such clerk, corroborated by at least one credible witness, that such estray was actually retaken by the claimant upon such a certificate. Whereupon the clerk shall endorse the word "Cancelled" across the entries heretofore made by him in the book mentioned heretofore in this Act relating to such estray.

Unlawful tak- SECTION 13. Any person who shall unlawfully take moval, penal- up any estray or who shall fail to comply with any pro

ing up or re


County clerks' fees.

Justices' fees.

Definition and provisions.


vision of this Act, after he has lawfully taken up an estray, or who shall remove any estray out of the Territory, or keep the same out of the county more than five days at any one time, shall be deemed guilty of a misdemeanor,. and shall be punished by a fine of not less than ten nor more than five hundred dollars.

SECTION 14. The county clerk shall receive for each entry, and also for each certificate made by him, in accordance with this Act, twenty-five cents.

SECTION 15. The justice of the peace shall receive for filing the claimant's affidavit, twenty-five cents; for giving any certificate required of him by this Act, twentyfive cents; and for any other official act done by him relating to estrays the same fees as for similar acts in other


SECTION 16. In this Act the singular and plural shall include each other, and the masculine and feminine shall likewise include each other, in the use of the following words: "Estray," "estrays," "animal," "animals," "person," "persons," "he," "his," "him," "owner," "claimant," "taker-up."

SECTION 17. Artlcie 3, Chapter 2, Statutes of Oklahoma of 1893, and all laws and parts of laws in conflict with this Act are hereby repealed.

SECTION 18. This Act shall take effect, and be in force on and after the thirtieth day from the date of its passage and approval.

Approved, March 14th, 1899.

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1. Educational Institutions.



2. General appropriations.


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AN ACT making appropriations for erecting, maintaining and supporting the educational institutions of the Territory of Oklahoma for the years 1899 and 1900.

Be it Enacted by the Legislative Assembly of the Territory of Oklahoma:


SECTION 1. That there is hereby appropriated out of appropriations any money in the Territorial Treasury not otherwise appriated, the sum of thirty thousand dollars ($30,000), to be divided or apportioned among the various educational institutions of the Territory of Oklahoma, as hereinafter provided.

A. and M.

ored A. and

SECTION 2. To the Agricultural and Mechanical Col-college; college at Stillwater, the sum of twenty thousand ($20,000) M. university. dollars, to be expended for building purposes under the direction of the board of regents of the said College. To the Colored Agricultural and Normal University at Langston, the sum of ten thousand ($10,000) dollars, to be expended for building purposes under the direction of the board of regents of the said University.

Auditor to

SECTION 3. The Territorial Auditor shall draw war- draw warrants rants upon properly authenticated vouchers, for such amounts thereof as may be by him found due upon auditing the respective claims therefor, in favor of the persons to whom such claims are allowed, upon the Territorial Treasury.

fund appor

SECTION 4. The Agricultural and Mechanical College Congressional at Stillwater shall hereafter receive, annually, nine-tenths tioned.

Morrill fund.

Duty of Territorial treasurer.

Acceptance of Congressional act.

of the money granted to the Territory of Oklahoma, for the more complete endowment and support of its colleges, for the benefit of agricultural and mechanical arts, as provided in an Act of Congress, approved August 39, 1890, and the University located at Langston shall receive the residue of said money granted, to be received and paid out as provided by this Act.

SECTION 5. For the further support of the University at Langston, there is hereby appropriated out of the balance of the Morrill Fund, to the credit of the Agricultural and Mechanical College, at Stillwater, on the 30th of November, 1898, the sum of fifteen thousand dollars.

SECTION 6. The Treasurer of the Territory of Oklahoma shall, upon the receipt of the money granted by said Act of Congress, approved August 30th, 1890, apportion said money as required by this Act between the aforesaid institutions. The said Treasurer shall pay to each of said institutions its proportion as provided by this Act, upon the order of the Territorial Auditor, and take receipt for the same.

SECTION 7. The passage of this Act and the execution in good faith of the provisions of the same, shall be deemed to all intents and purposes a full and complete assent on the part of the Territory of Oklahoma to the Act of Congress granting said money for the purposes aforesaid, as required by Section 2 of said Act of Congress, approved August 30th, 1890, with all the conditions and limitations imposed by said last recited Act of Congress. upon the Territory of Oklahoma; and the Territory of Oklahoma pledges its faith and credit that it will, on its part, carry out and execute said conditions and limitations.

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SECTION 8. This Act shall take effect and be in force from and after its passage and approval.

Approved, March 10th, 1899.

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AN ACT making appropriations for current expenses of the Territory of Oklahoma for the years 1899 and 1900, for deficiency appropriations for the year 1898, and for other and miscellaneous purposes.

Ee it Enacted by the Legislative Assembly of the Territory of Oklahoma:

SECTION 1. There is hereby appropriated out of the Territorial Treasury, [from] moneys not otherwise appropriated, in amounts sufficient to pay the following sums, or so much thereof as may be necessary, for the purpose to which it is appropriated, and the Territorial Auditor shall draw warrants upon the Territorial Treas urer for such portion thereof as may be found to be due, upon auditing the respective claims therefor in favor of the persons to whom such claims are allowed: Provided, That all claims and accounts against the Territory shall be sworn to as true and correct before being audited: And, provided further, That no warrant shall be drawn. upon the Treasurer for any moneys appropriated by this Act in excess of the amounts allowed herein.

propriations, general.


SECTION 2. To the Governor of the Territory, for the Governor's years 1899 and 1900, the sum of fifteen hundred dollars expense. per annum, for clerk hire and other incidental and contingent expenses not provided for by Act of Congress.

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