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False Statements-Order Forms-Contracts.

Section 20. (1) It shall be unlawful for any person to wilfully misrepresent to any other person the grade, character, variety, or quality of stock in a nursery, or of stock offered for sale by any nurseryman, dealer or agent, or to make false declaration of acreage or to cause any concealment of stock from inspection.

(2). Every person selling nursery stock in the state shall if requested, furnish the Board with copies of his order forms, contracts and agreements with his customers, which are furnished for the use of agents or customers, or both.

Tags.

Section 21. Every person who shall engage in the selling and shipping of nursery stock in the state is hereby required to attach on the outside of each package, box, bale or carload lot so shipped or otherwise delivered, a tag, or poster on which shall appear an exact copy of his valid certificate. The use of tags or posters bearing an invalid or altered certificate, and the misuse of any valid certificate tag, is hereby prohibited.

Packages for Shipment Must Show Inspection.

Section 22. It shall be unlawful for any person to accept for shipment any nursery stock without a valid certificate plainly affixed on the outside of the package, bale, box or car containing the same, showing that the contents have been duly inspected by an official State or Federal inspector. In case any nursery stock is shipped in this state, or into this state from another state, country, or province, without aforesaid valid certificate. plainly affixed the fact must be promptly reported to the State Board by the person carrying the same, stating the consignor and the consignee and the nature of the shipment.

Hearings Before Board.

Section 23. (1) Any person in interest or affected by any order of the state inspector may appeal there from to the Board within five days of the service of such order upon his setting forth in writing specifically and in full detail the order on which a hearing is desired, and every reason why such order is deemed to be unreasonable.

(2) On receipt of such appeal the Board shall, with reasonable promptness, order a hearing thereon and consider and determine the matters in question. Notice of the time

and place of hearing shall be given to the petitioner and to such other persons as the Board may direct. Such appeal shall not suspend the operation of the order appealed from, unless so ordered by said board. All hearings of the Board shall be open to the public.

Penalties.

Section 24.

or any rule or

Any person violating any section of this act regulation promulgated under this Act, shall be guilty of a misdemeanor and, on conviction thereof shall be fined in a sum not less than $25.00, nor more than $500.00 for each offense.

County Attorney to Prosecute.

Section 25. It shall be the duty of each County Attorney to whom the state inspector or his deputy shall present satisfactory evidence of violations of any provisions of this Act, to prosecute without delay such violations in the proper court. Repeal.

Section 26. Chapter 103 of the Session Laws of 1913 is hereby repealed.

Emergency.

Section 27. 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 31, 1915.

CHAPTER 280.

JUSTICE OF THE PEACE-CLERK IN CITIES OF FIRST CLASS.

(HOUSE BILL No. 430.)

AN ACT creating office of justice of the cities of the first class and fixing and defining the power and duties of such clerk and providing for the appointment, oath of office, and bond of such clerk.

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

Appointment-Compensation.

Section 1. There is hereby created the office of the clerk of the Court of Justice of the Peace in all cities of the first class of this State, and each justice of the peace in such cities of the first class have the right to appoint a clerk for his said court, and the appointee of such justice shall hold such. position during the pleasure of the Justice, but such clerk shall

receive no compensation from the State or the county, but shall receive such compensation as shall be agreed upon between the appointee and the justice to be paid by the justice. out of fees earned by him.

Powers of Clerk.

Section 2. Said clerk shall have the power to administer oaths and shall have power to issue processes of all kinds and approve bonds in the same manner and to the same extent as the justice himself has now, or shall hereafter have.

Actions Filed With Clerk.

Section 3. All actions and proceedings over which a justice. of the peace has jurisdiction may be filed with said clerk with the same effect as if filed with the justice himself.

Bond-Certificate of Appointment.

Section 4. The appointment of said clerk by the justice of the peace shall be in writing, signed by him and shall be filed with the County Clerk, and said clerk shall take and subscribe to the same oath of office as all other public officials. are required to take and subscribe to, and said oath of office shall be filed in the office of the County Clerk, and said clerk shall execute a bond in the sum of five hundred dollars ($500.00) with one or more sufficient sureties, to be approved by the Board of County Commissioners, and which bond shall be for the faithful performance and discharge of duties of clerk and any one that may be injured by any of the official acts and conduct of said clerk may bring an action on said bond in his or her own name.

Approved March 30, 1915.

CHAPTER 281.

SCHOOLS-BUSINESS COLLEGES BOND.

(HOUSE BILL No. 403.)

AN ACT providing that new business colleges seeking locations in Oklahoma shall make bond to guarantee that said colleges will remain in business until those who have purchased scholarships will be enabled to complete the course or courses for which scholarships have been purchased.

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

Bond for Completion of Contract.

Section 1. Any person, firm, association or corporation having established or proposing to establish a business college

in the State of Oklahoma shall be required to furnish a good and sufficient bond with two or more sureties, to be approved by the county clerk, to the State of Oklahoma in the penal sum of two thousand ($2,000.00) dollars, conditioned that such business college shall faithfully perform any and all expressed or implied contracts made in soliciting a bonus from cities or towns, or in selling scholarships and that such business college shall continue a reasonable length of time, not less than six months to enable those who have subscribed and paid for scholarships either in whole or in part to finish the course or courses to which the scholarships entitles the holder thereof, and that the course of study taught in said college shall be in accordance with such contracts made in soliciting the sale of scholarships. Such bond shall be filed in the office of the County Clerk of the County in which such business colleges are located and shall remain on file subject to the inspection of the public and shall be for the use and benefit of any person or persons for a violation of any of the conditions of said bond.

Any Person Interested May Prosecute.

Section 2. Any person, firm, association or corporation conducting or running a business college in this state shall be liable on said bond given under Section 1 of this Act, to any person, defrauded by reason of not having completed the course or courses of study for which said scholarship was purchased, or any other breach of said bond and any person defrauded is hereby authorized to maintain a suit on said bond to recover any and all sums due by reason of a breach of said bond.

Section 3. Any person, firm, association or corporation running, maintaining, operating or conducting a business college without first having complied with Section 1, of this Act, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred ($100.00) dollars and not more than five hundred ($500.00) dollars and by imprisonment in the county jail not less than thirty days and not more than six months.

Approved March 30, 1915.

CHAPTER 282.

SCHOOLS AND SCHOOL DISTRICTS-TEACHERS CERTIFICATES

REGULATION

(SENATE BILL No. 413.)

AN ACT amending section 16, article 14, of chapter 219, Session Laws 1913, the same being a part of "an Act prescribing laws for the government of the common schools of Oklahoma, and repealing conflicting laws."

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

Teacher's Certificates-Regulations.

Section 1. That section 16, article 14, of chapter 219, Session Laws 1913, be, and the same is hereby amended to read as follows:

"Section 16. After January, 1918, no person shall receive a third-grade certificate unless he shall have had either academic training equivalent to one year in an approved high school of this state, or have had at least ten weeks professional training in one of the Oklahoma State Normal schools, State University or A. and M. College or an institution in this state, or other state having equivalent teachers professional course, and no person shall receive a second grade certificate unless he shall have had either academic training equizalent to two years in an approved high school of this state or have had at least twenty weeks professional training in one of the Oklahoma State Normal Schools, State University or A. and M. College or institution in this state or other state having equivalent teacehrs professional course, and no person shall receive a first-grade certificate unless he shall have had either academic training equivalent to three years in an approved high school of this state or have had at least thirty-six weeks professional training in one of the Oklahoma State Normal Schools or State University or A. and M. College, or an institution in this state or other state having equivalent teachers professional course. This section shall never affect the right to a renewal under Section 7, of Article 14."

Approved April 1, 1915.

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