Imágenes de páginas
PDF
EPUB

therein, to such district court, with the same effect as if such causes had been originally instituted therein, and such district court is hereby constituted the successor of such superior court as to all such causes originally in such superior court, and may make any order, take any proceedings, or render any judgment that the superior court or the judge thereof might have made, taken or rendered, had the same not been abolishd.

Cases Pending in Courts Abolished-Transfer to County CourtJurisdiction.

Section 20. At the time of the taking effect of this act all causes, civil or criminal, pending in any superior court abolished hereby of which the county court of that county wherein such superior court existed, has exclusive original jurisdiction are hereby transferred for hearing, trial and determination to such county court, and such county court shall have and exercise the same power and jurisdiction in all such causes, as if they had been originally instituted in said court, and the same as the superior court might have done had the same not been abolished, and the same procedure for the collection or enforcement of any judgments rendered in the superior court in causes of which the county court has jurisdiction, may be had in the county court as might have been had or done in the superior court if this act had not been passed.

Acts of Courts Pending Litigation of Former Act Validated.

Section 21. All proceedings had or acts done by the superior courts, or the officers thereof, which are discontinued by this act, and all proceedings had, orders made, judgments rendered or decrees entered by the district courts or the judges thereof, in causes originally instituted in or taken to said superior courts pursuant to the authority attempted to be conferred by the provisions of House Bill No. 370, approved March 22, 1913, are hereby validated and legalized; and the district courts of the several counties in which such superior courts have heretofore been or are hereby abolished or discontinued are hereby vested with

full and complete jurisdiction in all causes heretofore brought or pending in said superior courts of which such district courts had original jurisdiction as fully and completely for all purposes, either before or after judgment and whether disposed of in such superior court or yet pending for further proceedings, as if such causes had been originally instituted, or such judgment rendered or decree entered in such district court, and all proceedings for the collection of any judgments or for the enforcement of any decrees rendered or entered in such superior courts, or for the sale of property or the confirmation of sales, in cases wherein judgment was rendered in the said superior courts, shall be had and done in the district courts of the county wherein such superior court existed, as fully and effectually as if such causes had been brought and such proceedings had in said district courts; and the judges of said district courts shall have and exercise like powers and jurisdiction in all such causes as the judges of the superior court might have exercised had this act not passed.

Acts of County Courts Validated-Jurisdiction of Cases Pending.

Section 22. All proceedings had or acts done, judgments rendered or sentences pronounced, by the county courts or the judges thereof in causes or proceedings, civil or criminal, originally brought or commenced in such superior courts pursuant to the authority attempted to be conferred by the provisions of House Bill No. 370, approved March 22, 1913, are hereby validated and legalized, and the county courts of the several counties wherein superior courts have existed and have been heretofore and are hereby abolished or discontinued, are hereby vested with jurisdiction of all causes, civil and criminal, of which such county court had original exclusive jurisdiction, for all purposes as fully and completely either before or after judgment and whether disposed of in such superior court or pending for further proceedings, as if such causes had originally been instituted in such county courts, and all proceedings for the collection or enforcement of any judgment or sentence

rendered or pronounced in such superior court in causes of which the county court would have had jurisdiction if said superior court had not existed, shall be had and taken in such county court of the county wherein such superior court existed, as fully and effectually as if such causes had been brought and the proceedings originally had in such county court, and the judges of such county court may perform any of the duties and exercise any of the powers in such causes as might have been done or exercised by the judges of the superior courts had such courts not been abolished. Provided this Act shall not affect courts established by chapter 47, Session Laws of 1910, approved March 12, 1910.

Emergency.

Section 23. 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 force from and after its passage and approval.

Approved February 10, 1915.

CHAPTER 21.

POOL HALLS-REGULATION.

AN ACT Relating to pool and billiard halls.

Be It Enacted by the People of the State of Oklahoma:

Prohibited in Unincorporated Cities.

Section 1. It shall be unlawful for any person, or persons, or corporation to maintain or operate a public pool or billiard hall, or any public pool or billiard table outside of incorporated cities or towns; Provided, this section shall

not apply to any bona fide club where such table is operated in such manner as not to violate any laws of this State, and provided further that such table is not operated for profit. Any person violating any provision of this section shall be guilty of a misdemeanor and punished by a fine not less than twenty-five dollars nor more than one hundred dollars for each offense.

License-Restrictions-Fee-Protests.

Section 2. It shall be unlawful for any person or persons, or corporation to maintain or operate a public pool or billiard hall, or any public pool or billiard table, in any incorporated city or town, without first securing license issued by the county judge. The person applying for such license must make a showing once each year, and satisfy the county judge that he is a person of good moral character; that he has never been convicted of violating any of the laws prohibiting the traffic in any spirituous, vinous, fermented or malt liquors, or any of the laws commonly called "prohibition laws," or convicted of violating any of the gambling laws of the state; or has paid the special liquor dealers' tax to the United States, and must make further proof that no special liquor dealers' tax stamps or receipt issued by the United States is held by any person occupying that part of such building in which the pool or billiard hall is to be operated. A fee of five dollars per year shall be charged by the county judge for the issuing of such license. Upon application being filed, the county judge shall give five days' notice by posting notices, one of said notices to be posted at the county court house and three in the city or town where said pool hall shall be located. Said notice shall contain the name of the applicant and the location of said pool or billiard hall. Any citizen of said city or town may appear before the county judge and protest the issuance of said license. Any person violating any provision of this section shall be punished by fine not less than twenty-five dollars nor more than one hundred dollars, for each offense.

Revocation of License.

Section 3. The county judge, upon five days' notice to the person holding such license shall revoke such license for any one of the following reasons:

First. Drunkenness of the person holding such license; or permitting any intoxicated person to loiter in such place. Second. Permitting minors under eighteen years of age to resort to such place, unless accompanied by parent or guardian.

Third. Payment of the special liquor dealers' tax to the United States by the proprietor or any one connected in any manner with him.

Fourth. Maintaining such place in that part of a building or adjoining that part of a building occupied by any person holding a special liquor dealers' tax stamp, or receipt issued by the United States.

Fifth. Violating any of the laws of the State commonly called "prohibition laws" or violating any of the gambling laws of the state; or permitting any one to violate any of these laws in such place.

Additional Fee by City-Abolishment.

Section 4. This act shall in no way impair the right of any incorporated city or town to impose an additional license fee for maintaining any such pool or billiard hall, or pool or billiard table; or to prevent any incorporated city or town from abolishing same under existing laws. Disposition of Fees.

Section 5. All fees collected by the county judge, and all fines collected for the violation of any provision of this act shall be paid into the county treasury to the credit of the court fund.

Approved February 10, 1915.

« AnteriorContinuar »