CHAPTER 90. CITIES AND TOWNS-VACATING CITY PLATS. AN ACT to amend sections 519 and 520 of the Revised Laws of 1910, relating to the vacating of town or city plats or portions thereof; and declaring an emergency. Be It Enacted By the People of the State of Oklahoma: Owner May Vacate-Procedure. Section 1. Section 519 of the Revised Laws of 1910 is hereby amended to read as follows: Section 519. If the owner or owners of any tract of land platted for town or city purposes, or the owner, or owners, of any portion of such platted tract shall be desirous of vacating the whole or some part thereof, such owner, or owners, shall give notice in writing of such intended application by posting notice thereof in two public places in the town or city or on the townsite affected thereby, and by publication in some newspaper of general circulation in the county where such land is situated, if there be one, at least thirty days prior to the time when such application will be presented to the court to which such owner, or owners, intend to make application. The municipal authorities, if such land be within an incorporated city or town, and if not, any owner of any lot or lots within such platted lands may appear and oppose and resist such application by filing a verified showing of the grounds therefor, and giving security for the payment of any costs that may be adjudged against such objectors." Hearings-Abandonment of Plats-Records. Section 2. Section 520 of the Revised Laws of 1910 is hereby amended to read as follows: "Section 520. If such applicant, or applicants, shall produce to the court satisfactory evidence that the notice required by the preceding section has been given, such court shall proceed to hear and determine such applications, as well as auy objections thereto. If such application shall be for the vacation of the entire plat, and no owner of any portion thereof shall appear and object to such vacation, the entire plat may be vacated, or if it shall appear that portions of such plat are not used or required for town or city purposes as platted, the court may vacate such portions thereof as will not injuriously affect the rights of owners of other portions of such plat. If the application shall be by the owner or owners of a portion of such platted tract for the vacation of such portion only, and it shall appear that the portion desired to be vacated has never been actually used for town or city purposes, or that the platted streets and alleys on or across such portion have never been used by the public, or that the public has for more than five years abandoned such by non-user, or that the same has been enclosed and occupied adversely to the public for more than five years, then the court may vacate such portion of said plat. Any decree vacating a plat or any portion thereof shall be filed and recorded in the office of the county clerk in the county where the land is situated, and the county clerk shall note on the original plat a reference to such decree and the book and page where recorded." 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 9, 1915. CHAPTER 91. BAIL IN CERTAIN CASES-FORFEITURE OF BOND AN ACT to amend section 4407 of the Revised Laws of Oklahoma, 1910. Be It Enacted By the People of the State of Oklahoma: Section 1. That Section 4407 of the Revised Laws of Oklahoma 1910, is hereby amended to read as follows: Trial-Bond for Appearance-Forfeited Bond Benefit of Child. "Section 4407. If a jury is demanded, the case shall be set for trial at the next term of court, and in the meantime the defendant may be admitted to bail for his appearance at that time, upon his executing a recognizance in a sum fixed by the court, conditioned that he will appear at the time to which such action may be continued. Upon the execution and approval of such recognizance the defendant shall be discharged. In any case where the said bond is forfeited and recovery is had thereon, the proceeds thereof shall be paid into the county court to be held by said court in trust for said child and to be paid out under order of said court." Approved March 9, 1915. CHAPTER 92. AGRICULTURE-COUNTY DEMONSTRATION FARMS REPEAL. AN ACT to repeal article 5 of chapter 2, Revised Laws of Oklahoma, 1910. Section 1. That article 5, chapter 2, Revised Laws of Oklahoma, 1910, entitled "County Demonstration Farms," be and the same is hereby repealed. Approved March 9, 1915. CHAPTER 93. PUBLIC LANDS-ACQUIRED UNDER MORTGAGE SALE. AN ACT authorizing the commissioners of the land office to sell and convey land purchased by the state by reason of sale under mortgage foreclosure, and to execute proper deed of conveyance therefor, and providing for the rental thereof until same is sold. Be It Enacted By the People of the State of Oklahoma: Commisioners of Land Office May Sell Lands. Section 1. All lands purchased by the state under sale by mortgage foreclosure may be appraised and sold by the Commissioners of the Land Office. Appraisement-Procedure for Sale Section 2. Said land and improvements shall be appraised by three appraisers designated by the Commissioners of the Land Office and shall be advertised for sale for thirty days in at least one newspaper published and of general circulation in the county where said land is situated. Said notice to contain a brief description of the land and improvements offered for sale, and the date of sale, stating that sealed bids will be received by the secretary to the Commissioners of the Land Office up to a certain hour of the day named, and that sale will be made to the highest and best bidder, provided the sum bid is not in a less amount than the appraised value of said land. Said notice to state that rules and regulations and form of bid will be furnished by the secretary to the Commissioners of the Land Office upon application therefor, provided however, the Commissioners of the Land Office may reject any or all bids. The Commissioners of the Land Office are hereby authorized to adopt such additional rules and regulations as may become necessary to carry into effect the provisions of this section. Terms of Sale. Section 3. Said land and the improvements thereon shall be sold for cash or on terms of one-tenth cash paid at the time of sale, and the balance due and payable in forty equal annual payments, deferred payments to draw interest at the rate of five per cent, per annum; provided, that the purchaser may pay any or all deferred payments at any interest paying period. Liens-Patent-Certificate of Purchase. Section 4. The state shall have first lien upon all lands sold under this act, together with all improvements and appurtenances thereunto belonging, until all payments, both principal and interest are made thereon; and upon such payments being made, the Commissioners of the Land Office shall in forms of law execute to each purchaser, as in this act provided, a patent in fee simple; provided, that a certificate of purchase reciting the conditions of such purchase shall be issued to every purchaser under this act, immediately upon execution of the contract of purchase and such certificate of purchase shall be entitled to record, as evidence of the same, under the provisions of the law of conveyance. Lands May Be Rented. Section 5. The Commissioners of the Land Office shall rent said land from year to year until sold, at such annual rental, and upon such notice and terms as they may, by rules and regulations, prescribe, not in conflict herewith. Said rental to be credited to the fund to which the original loan belonged. Lands Purchased Under Mortgage Foreclosure-Report to Governor. Section 6. The secretary to the Commissioners of the Land Office shall, at the close of each year, report to the Governor the legal descriptions and the number of acres of all lands purchased by the state under and by reason of mortgage foreclosures, including the amount of the original loan on each of said tracts, the earnings from said lands, and the amount sold for. Approved March 10, 1915. |