CHAPTER 178.

HOTELS-FRAUD IN SECURING ACCOMMODATIONS.

(SENATE BILL No. 354.)

AN ACT relating to the obtaining of board and lodging under false pretenses, and prescribing penalties for the violation thereof, and relating to the lien of an inn, hotel, boarding or eating house keeper for board and lodging obtained; and declaring an emergency.

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

Fraud-What Constitutes.

Section 1. Any person who shall obtain food, lodging or other accommodations at any hotel, inn, boarding or eating house. or rooming house, with intent to defraud the owner or keeper thereof, shall be guilty of a misdemeanor and upon conviction therof shall be fined not exceeding one hundred dollars, or be imprisoned in the county jail not exceeding three months, or punishment by both such fine and imprisonment. Proof that lodging, food and other accommodations were obtained by false pretense or by false or fictitious show or pretense of any baggage or other property, or that he gave a check or negotiable paper on which payment was refused, or that he left the hotel, inn, boarding house or rooming house without payment or offering to pay for such food, lodging or other accommodation, or that he surreptitiously removed or attempted to remove his baggage, or that he registered under a fictitious name, shall be prima facie proof of the intent to defraud mentioned in this section; but this act shall not apply where there has been an agreement in writing for delay in payment.

Lien on Baggage-Limitation.

Section 2. The keeper of any inn, hotel, boarding house, or rooming house, whether individual, partnership or corporation, shall have a lien on the baggage and other property in and about such inn, brought to the same by or under the control of his guest or boarders for the proper charges due him from such guests or boarders for accommodation, board and lodging, and for all money paid for or advanced to them, not to exceed the sum of two hundred dollars ($200.00), and for such other extras as are furnished at the request of such guests, and said inn keeper, hotel keeper or rooming house keeper shall have the right to detain such baggage and other property until the amount of such charges are paid and such baggage and other property shall

be exempt from attachment or execution until such inn keeper's lien and the cost of satisfying it are paid. The inn keeper, boarding house or hotel keeper or rooming house keeper shall retain such baggage and other property upon which he has a lien for a period of ninety days, at the expiration of which time, if the lien is not satisfied, he may sell such baggage and other property at public auction, first giving notice of the time and place of sale by posting at least three notices thereof in public places in the county where the inn or hotel is situated, and also by mailing a copy of such notice addressed to said guest or boarder at the place of residence designated by the register of such inn or hotel. And after satisfying the lien and any costs that may accrue, any residue remaining shall, on demand, within six months, be paid to such guest or boarder, and if not so demanded within six months from date of sale, such residue shall be deposited by such inn keeper with the treasurer of the county; said residue shall be retained by the county treasurer for a period of one year, and if not claimed within that time by the owner thereof, it shall be placed to the credit of the school fund.

Emergency.

Section 3. 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 25, 1915.

CHAPTER 179.

FAIRS-FREE COUNTY AND TOWNSHIP FAIRS.

(HOUSE BILL No. 280.)

AN ACT providing for holding free township and county fairs, and prescribing the manner in which they shall be held: Providing for the election of county fair associations and for levying taxes, and declaring an emergency.

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

"Free Fair”—Definition.

Section 1. The term "free fair" as used in this act shall be construed to mean township and county fairs where admission to the grounds and all exhibit buildings are free and where no

charge is made for entering exhibits on which premiums are of fered.

Object of Free Fair.

Section 2. The object of free fairs shall be to promote agriculture, horticulture, fruit culture, live stock and poultry raising, manufacturing, arts, trades and every industry of the county in which the fair is held.

County Fair Commissioners-Election-Levy for Fair.

Section 3. The county farm demonstrator of any county may call a mass meeting of the citizens of any municipal township in the county for the purpose of electing two members of the county fair association. The call for such mass meeting shall be by posting notices in three public places in the township, or by publication in a newspaper published in the township, or which has a general circulation in the township, or by both posting notices and publication. Such notices or publications shall state the purpose of the mass meeting, the time and place of holding the same, and such notice or publication must be made at least one week before date of meeting and said notice shall state that when a majority of the townships shall have elected delegates, the county commissioners may make a levy to provide for said free fair. When a majority of the municipal townships of any county in which not less than twenty (20) tax paying voters of such township shall have attended said mass meeting and shall have elected members of the county fair association as herein provided, and the names of those elected members have been certified to the board of county commissioners by the chairman and secretary of the various township meetings which certificates shall state that notice has been given as herein provided and that twenty (20) or more tax paying voters, residents of each of said townships. shall have attended said meetings as herein provided, then the board of county commissioners may at their discretion, declare this act in full force and effect, and shall proceed to appoint two members of the county fair association in any township that has failed to elect such members of the county fair association. The regular time for holding elections in townships for members of the county fair association shall be the second Saturday in Nov., 1915, and every two years thereafter; provided, however, elections may be called by the county farm demonstrator after the passage and approval of this act, at any time desig

nated by the said county farm demonstrator for the purpose of holding fairs under the provisions of this act prior to year 1916. Meeting of Fair Commission.

Section 4. If the county commissioners of the county shall have elected to declare this act in full force and effect, the members elect of the county fair association shall meet at the county seat on the second Monday in December, following the election, and every year thereafter during their term of office, and special meetings may be called at any time by the secretary or upon written request of one-fourth of the members. Notices of regular and special meetings shall be given by mail at least three days prior to the meetings.

Officers of Fair Commission.

Section 5. At the first meeting of the members of the association, and at every meeting thereafter immediately following the election of such members, an organization shall be perfected by the election of a president, secretary, and board of directors consisting of five members and such committees and officers as shall be deemed necessary. The secretary may selected, outside of the association, and must be a resident of the county seat, or of the town or city where the fair is held.

Executive Board-Expenditure of Funds.

Section 6. The president, secretary and board of directors shall constitute the executive board of the county fair association and shall have full power and authority to make all rules and regulations for holding the township and county fairs in accordance with the provisions of this act, and shall have authority to expend the funds of the county fair association as herein provided, but in no case shall the expenditures exceed the amount of appropriation.

Estimates of Cost-Premiums-Expenses-Advertising.

Section 7. The executive board, with such committees as may be selected from the County Fair Association, shall make an estimate of the cost of the township and county fairs, and shall certify such estimate to the county excise board in time. to be acted on by said county excise board at its annual meeting for making tax levies. The items to be considered in the expenditure of funds shall be as follows:

First: For premiums on live stock; poultry; fruit; agriculture; horticulture; and dairy products; boys' and girls' club

work, school exhibits; culinary products; textile products; neeedlework and sewing, hand painting, decorating and drawing; cultivated plants and flowers.

Second. For the necessary expenses of management of county fairs organized under the provisions of this act; including office expenses, postage, telegraph and telephone, traveling expenses of secretary within the county in which the fair is held, printing (except premium lists) and necessary office supplies; premium ribbons and badges; clerical help, guards, superintendents and judges.

Third. For advertising the fair and for decorating and cleaning the grounds and buildings, and for caring for the grounds during the fair; provided, however, that no township or county shall hold more than one fair under the provisions of this Act, during any fiscal year, and that money appropriated under this Act shall not be used for premiums at any time except in connection with the annual county and township fairs.

Fourth. Not to exceed thirty ($30.00) dollars shall be appropriated for each township fair, and not to exceed one hundred ($100) dollars shall be appropriated for the purpose of transporting county exhibits to the Oklahoma State Fair or other state fairs.

Levy for Fair Purposes.

Section 8. The county excise board may in their discretion levy not to exceed, one-fourth of one mill upon the total valuation of the county in which the fair is held, for free fair purposes, on the estimate of the executive board of the county fair association.

Collection and Payment of Fair Funds.

Section 9. The county treasurer shall collect and apportion moneys for the county free fair as other moneys are collected and apportioned, and shall disburse the same upon vouchers issued by the executive board of county fair association, signed by the president and secretary of the same.

Township Fairs-Auxiliary to County Fairs.

Section 10. The township fair shall be the unit of the free fair plan, and the county fair association shall co-operate with the state and federal farm demonstrators, in organizing township clubs for boys and girls, and general farm and stock raising associations under the plans of the state and federal agri