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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. SECTION 12. If an estray be retaken by the owner from Cancellation

of entry by 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 ing up or removal , penal- up any estray or who shall fail to comply with any pro

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. County SECTION 14. The county clerk shall receive for each clerks' fees.

entry, and also for each certificate made by him, in ac

cordance with this Act, twenty-five cents. Justices' fees. 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

cases. Definition and SECTION 16.' In this Act the singular and plural shall provisions,

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." Repeal.

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.





ARTICLE. 1. Educational Institutions.



SECTION. 1. Educational appropriations. 5. Morrill fund. 2. A. and M. college; Colored A. 6. Duty of Territorial treasurer. and M. university.

7. Acceptance of Congressional 3. Auditor to draw warrants.

Act. 4. Congressional fund apportion


A. and M.

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An Act making appropriations for erecting, maintaining and support

ing 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:

Educational SECTION 1. That there is hereby appropriatel 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.

SECTION 2. To the Agricultural and Mechanical; col. lege at Stillwater, the sum of twenty thousand ($20,000) 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.

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. SECTION 4. The Agricultural and Mechanical College Congressional

fund appor at Stillwater shall hereafter receive, annually, nine-tenths tioned.

Auditor to

Morrill fund.

Duty of Territorial treus urer.

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 30, 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 Okla

6 homa 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, çarry out and execute said conditions and limitations.

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

Approved, March 10th, 1899.

Acceptance of Congressional act.


1. Appropriations, general.
2. . Governor's contingent ex-

3. Secretary, for printing and

stationery. 4. Superintendent and Auditor,

salary and expense. 5. Treasurer, salary and ex

pense. 6. Attorney-General, salary and

expense. 7. Adjutant-General, salary and

expense. 8. Librarian, salary and ex

p«nse; book purchase. 9. Enforcement of crim nal laws. 10. Supreme court, expense. 11. Board of health. 12. Regents of educational insti

tutions, expense. 13. Car of insane, deficiency ap

propriation. 14. Care of convicts, deficiency

appropriation. 15. Deficiency and other appro


16. Expense of mustering militia.
17. Omaha Exposition.
18. Printirg, Fifth Legislative

Ass mbly, deficiency appro

19. Ced'fyirg laws and preparing

20. Governor's message and re-

21. Assessors' expense.
22. Supreme court. stenographor.
23. Joint investigating c mm'tte,

24. Employees of House, Fifth
Legislative Ass mbly,

25. Employees of Council, Fifth
Legislative Assembly,

26. Bank examiner, salary and

exp nse.
27. Historical society, appropria-

28. Sp c'fic deficiency appropria-


AN Act making appropriations for current expenses of the Territory

of Oklahoma for 'the years 1899 and 1900, for deficiency appropria

tions for the year 1898, and for other and miscellaneous purposes. Le it Enacted by the Legislative Assembly of the Territory

of Oklahoma: SECTION 1. There is hereby appropriated out of the propria

tions, general. 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.

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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