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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 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.

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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.

CHAPTER 22.

CEMETERIES MUNICIPALITY MAY PURCHASE ADDITIONS.

AN ACT authorizing incorporated cities and towns to acquire additional lands

for cemetery or park purposes, and declaring an emergency.

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

Towns May Purchase and Plat Additions to Cemeteries.

Section 1. In any case where there is now an established cemetery, situate within the corporate limits of any city or town, and now used or occupied for burial purposes, and there are platted lots or parcels of land contiguous to such cemetery and located or lying between such cemetery and a public street or highway open and used for public travel, the mayor and city council or commissioners of any such city, or the board of trustees of any such town, are hereby authorized to acquire any such lots or parcels of land, by purchase or donation, for additional park or cemetery purposes, and when so acquired, the title shall vest in the municipality. The municipality may subdivide or plat any such lots or lands so acquired into suitable parcels for burial purposes and make such disposition thereof as will in the judgment of the council, commissioners or trustees best serve the purpose for which the same was acquired. Any such lands so acquired shall thereafter be exempt from taxation and the municipality shall have power to pay and discharge any assessments against the same for the improvements of streets or the construction of sewers.

Emergency.

Section 2. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, and this act shall take effect and be in force upon its passage and approval.

Approved February 12, 1915.

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CHAPTER 23.

JUSTICE OF PEACE-CHANGE OF VENUE—CAUSES AND RE

STRICTIONS.

AN ACT to amend section 5418, article o, chapter 61, of the Revised Laws of Ok

lahoma, 1916 and entitled “Procedure Civil-before Justice," to allow but one change of venue in civil cases to plaintiff and defendant before justice of the peace.

Be It Enacted by the People of the State of Oklahoma:
Change of Venue-When Permitted.

Section 1. That section 5418, article 6, chapter 61, of the Revised Laws of Oklahoma, 1910, be and the same is hereby amended to read as follows:

"Section 5418, If on the return of process, or at any time before the trial shall have been commenced, either party shall file with the justice of the peace before whom any cause is instituted or is pending for trial, an affidavit, stating:

"First, that such justice is a material witness for either party; or, Second, that he verily believes that he can not have a fair and impartial trial before such justice, on account of the bias or prejudice of the said justice against the affiant; or Third, if a jury be demanded by the adverse party, then, that he can not, as he verily believes, have a fair and impartial trial in such district, on account of the bias or prejudice of the citizens thereof, the trial of the case shall be changed to some other justice of the peace, as provided in the next section; Provided, that but one change of venue shall be allowed to plaintiff and but one to the defendant.

Approved February 12, 1915.

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