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situated to correct such plat, or any portion thereof, when the same has been erroneously made by duplicating lot numbers in any block or incorrectly describing the distances on said plat or when the same is, in any manner, incorrect in description or otherwise. And the court in correcting the same, may correct the description of property in any conveyance of a lot or lots, where the plat is corrected, which may be necessary for the purpose of making a complete and correct descriptive chain of title to the lot, or lots, the description of which is corrected.

Parties to Suit.

Section 2. The petitioner shall make the record owners, at the time of commencing the suit of all the lots within the block sought to be corrected parties defendant, if the object of the suit be to correct one block or any portion thereof. If the object of the suit be to correct a greater portion of such plat than one block, then the record owners, at the time of commencing such suit, of the lots within the area sought to be corrected and the city or town within which the plat is located shall be made parties defendant. Such record owners shall be the only necessary parties to such suit; provided, however, the city or town within which the plat is located be made a party if the object of the suit be to correct a greater portion than one block or if in correcting one block, the streets and alleys of such city shall thereby be affected.

Notice of Suit-How Given-Preliminary Showing.

Section 3. Service of summons in said action may be had upon the defendants personally or by publication as is provided by law in civil actions, but where the record owners are numerous, such action may be maintained in the name of one or more lot owners for the benefit of all the owners of property within the area of that portion of the plat affected by the correction sought to be made and the publication of a notice issued by the clerk of the court and addressed to whom it may concern for the time provided for

in service by publication in civil actions and fixing the answer day as is provided for by law, in civil actions, in summons by publication, shall be sufficient to give such court jurisdiction to make the correction; provided, however, such notice shall set out the error sought to be corrected and the manner in which it is proposed to correct the same. And provided further, that such notice shall not be issued by the clerk until there has been filed in his office an affidavit by one of the petitioners, his agent or attorney, that the record owners of lots in the area of the plat sought to be corrected are so numerous that it is impracticable and expensive to make them all parties defendant and to get service on them in the ordinary manner, and that the correction sought to be made will not injure or destroy any property rights of such owners, but will be beneficial to the owners of lots in such area sought to be corrected.

Emergency.

Section 4. 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 11, 1915.

CHAPTER 111.

DELINQUENT CHILDREN-PROBATION OFFICER.

AN ACT repealing section 4420, article 4, chapter 55, Revised Laws of Oklahoma, 1910.

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

Repeal.

Section 1. That section 4420, article 4, chapter 55, Revised Laws of Oklahoma, 1910, be and the same is hereby repealed.

Approved March 11, 1915.

CHAPTER 112.

NOTICE SUMMONS-VENUE.

AN ACT amending section 4678 and 4722, article 4, chapter 60, Revised Laws of Oklahoma, 1910, entitled, "Venue of Actions" and "Commencement of Actions Under the General Head, 'Procedure Civil.'"

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

Action Brought-Domicile of Plaintiff.

Section 1. That section 4678, article 4, chapter 60, Revised Laws of Oklahoma, 1910, be and the same is hereby amended to read as follows:

"Section 4678. An action for diverce or annulment of marriage may be brought in the county of which the plaintiff is an actual resident at the time of filing the petition."

Service-How Made-Notice by Publication:

Section 2. That section 4722, article 4, chapter 60, Revised Laws of Oklahoma, 1910, be and the same is hereby amended to read as follows:

"Section 4722. Service may be made by publication in any of the following cases: In actions brought under sections 4671 and 4672, where any or all of the defendants reside out of the state, or where it is stated in the affidavit for service by publication that the plaintiff with due diligence is unable to make service of summons upon such defendant or defendants within the state; in actions brought to establish or set aside a will, where any or all of the defendants reside out of the state; in actions to obtain a divorce or annulment of marriage where the defendant resides out of the state; in actions brought against a non-resident of the state, or a foreign corporation having in this state property or debts owing them, sought to be taken by any of the provisional remedies, or to be appropriated in any way; in actions which relate to, or the subject of which is, real or personal property in this state where any defendant has or claims a lien or interest, actual or contingent therein, or the relief demanded consists wholly or partly in excluding him from any interest therein, and such defendant is a non-resident of the state or a foreign corporation; or where the defendant is a domestic corporation and has ceased to maintain an office in this state and where all of the principal officers and agents of said corporation are non-residents of this state, or where said corporation has ceased to maintain any officers or agents upon whom service of summons can be made in this state; and in all actions where the defendant, being a resident of this state, has departed therefrom or from the county of his residence, with intent to delay or defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with like intent.

Approved March 11, 1915.

CHAPTER 113.

MUNICIPAL CORPORATIONS-INCORPORATION OF TYRONE. LEGALIZED.

AN ACT legalizing the incorporation of the town of Tyrone, Texas county, Oklahoma, and to legalize the proceedings and all acts done by the board of trustees of said town of Tyrone, and declaring ar emergency.

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

Incorporation Validated.

Section 1. The incorporation of the town of Tyrone, in Texas county, Oklahoma, is hereby legalized and made valid as if all acts required by the statutes of Oklahoma in relation to incorporation of towns and villages had been fully and completely complied with.

Acts of Trustees Validated.

Section 2. All acts heretofore done and all ordinances heretofore passed by the board of trustees of said town of Tyrone, which they could have legally done under the statutes of Oklahoma, had such town been legally incorporated, are hereby legalized and made in all respects valid and binding.

Emergency.

Section 3. 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 March 11, 1915.

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