CHAPTER 145. ORPHANS HOME-RECORDS OF COMMITTING COURT-ENTICING CHILD AWAY. AN ACT to prescribe the manner of committing orphan or neglected or dependent children to the Oklahoma State Orphans Home at Pryor; providing that county courts shall keep a complete record of all commitments; providing for a physical examination of all children and providing a penalty for enticing away or causing said children to become dissatisfied; and for other purposes. Be It Enacted By the People of the State of Oklahoma: Section 1. When committing orphan, dependent or neglected children to the Oklahoma State Home at Pryor, Oklahoma, the county courts of the several counties of this State shall keep a complete record of all commitments, giving names and addresses if possible, of all the near relatives of the children, cause of the death of the relatives, stating disease if known, and before said children shall be assigned to the State Home, the county court shall have them examined by a competent physician, to determine if they are of sound mind and body. Said court shall for ward with the children a complete copy of the proceedings of the commitment to the Superintendent of the Oklahoma State Home for his records. Parents Not to Entice Child Away-Penalty. Section 2. Any parent or parents who shall visit a home in which one or more of their children have been placed by the Superintendent of the Oklahoma State Home, for the purpose of enticing away or causing said child or children to become dissatisfied, shall be guilty of a misdemeanor and fined not less than one hundred dollars nor more than two hundred and fifty dollars. Approved March 11, 1915. CHAPTER 146. PUBLIC FUNDS TAX ON MORTGAGES INTEREST ON DE POSITS SCHOOL DISTRICTS. AN ACT requiring the interest money collected on daily balances of the various county and school district funds to be apportioned, also requiring moneys collected under the real estate mortgage tax law to be apportioned; and declaring an emergency. Be It Enacted By the People of the State of Oklahoma: Section 1. The county treasurer shall, immediately upon the passage and approval of this act, place to the credit of the common school fund of the county, for distribution as all other common school funds, all the interest money now on hand accrued on the daily balances of the various county school district and sinking fund accounts. General Funds-Pro Rata Interest. Section 2. The county treasurer shall, on the first day of each month hereafter, place to the credit of the several funds, the pro rata share of interest received on daily balances, in proportion to the average amount of each fund on deposit during the month. Mortgage Tax Turned Into School Fund. Section 3. The county treasurer shall, immediately upon the passage and approval of this act, place to the credit of the common school fund of the county for distribution as all other common school funds, all the money now on hand derived from the real estate mortgage tax law as provided in chapter 246 of the Session Laws of 1913; provided, that all money hereafter collected as provided in chapter 246 of Session Laws, 1913, shall immediately be placed to the credit of the common school fund. Emergency. Section 4. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. Approved March 11, 1915. CHAPTER 147. MUNICIPAL CORPORATIONS-COURTS-APPEALS. AN ACT to regulate appeals from judgments of municipal courts prescribing the procedure thereof, and repealing all laws in conflict herewith, and declaring an emergency. Be It Enacted By the People of the State of Oklahoma: Municipal Court Defined-Procedure. Section 1. Definitions. The term "municipal courts" as herein used is hereby defined to mean and include all the courts of the State of Oklahoma, organized and existing in the various towns and cities thereof which shall have and possess, under the laws of the state, original jurisdiction to hear and determine offenses against the ordinances of municipalities, and an "offense" is hereby defined to mean the doing of some act, or the failure to perform some duty, commanded by some municipal ordinance or by law, and for the violation of which a penalty or punishment is provided thereby. Such proceedings are hereby declared to be criminal in their nature; and except as otherwise specifically provided, shall be governed by, and subject to, general laws relating to criminal procedure. Appeals by Defendant-Trial De Novo. Section 2. In all cases before a municipal court, ex cept a judgment rendered on confession, an appeal may be taken by the defendant to the county court, and to such court only, where the trial thereof shall be had de novo on questions of both law and fact. Bond; Requirements; Approval. Section 3. No such appeal shall be allowed, however, unless the defendant shall, within ten days after the rendition of such judgment, enter into a recognizance payable to said municipality, to be approved as to amount, form, and sureties, by the trial judge, in the penal sum of not. less than fifty dollars nor more than five hundred dollars, and in no case less than double the amount of the fine and cost. Ferfecting and Filing an Appeal. Section 4. Upon the filing and approval of such recognizance as herein provided, such appeal shall be perfected, and all other proceedings before said municipal judge shall cease and be stayed; and it shall be the duty of said municipal judge, within five days thereafter, to deliver to the county court such recognizance and a transcript of the proceedings in said case and all of the papers and documents appertaining thereto; and such court shall file the same; provided however, the failure upon the part of such judge or clerk to perform any duty herein provided, shall in no manner affect or make invalid such appeal. No notice of appeal shall be required or served. Bond-Conditions-Appearance for Trial. Section 5. Such recognizance or bond shall be conditioned for the personal appearance of the appellant in such county court upon the first day of the next succeeding term thereafter and upon such day and time as said case may be set for trial, and further conditioned that said defendant will personally be and appear in said court from day to day, and from term to term, until said cause is finally determined, and that he will not depart therefrom without the leave of said court. City May Appeal in Certain Cases. Section 6. Appeals may be taken from the county court to the Criminal Court of Appeals by the city within thirty days from the judgment of said county court in the following cases and no other. 1st. Upon judgment for the defendant on quashing or setting aside a complaint or warrant. 2nd. Upon an order of court arresting the judgment. 3rd. Upon a question reserved by the city. Such appeals shall be taken in the manner as is now provided by law for appeals by the state. Docketing and Filing Appeal. Section 7. The county court upon receiving such transcript and other papers, as aforesaid, shall file the same and docket the appeal; the plaintiff in the court below shall be plaintiff in the appellate court. Procedure at Trial. Section 8. In the trial of said cause in, the county court it shall be the duty of the court to try the case in the same manner that it should have been tried before the municipal court, except that upon demand of either party a jury shall be called to try the issues joined in said cause. The ordinance of the city need not be introduced in evidence, and the county court shall take judicial notice of the corporate existence of the city and of the provisions of its ordinances. Judgments in Appellate Courts. Section 9. All proceedings necessary to carry the judgment upon appeal into effect shall be had in the appellate court. Forfeiture of Appeal Bond. Section 10. If, without sufficient cause shown, the defendant neglects to appear according to the terms of the recognizance, bond or undertaking, either for hearing, |