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 shalt take effect and be in force from and after its passage and approval. Approved March 17, 1915.

CHAPTER 175.

MORTGAGE-FORECLOSURE JUDGMENT PROCEDURE.

AN ACT to amend Section 5128 of the Revised Laws of Oklahoma, of 1910; and Ceclaring an emergency.

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

Judgment and Procedure After Judgment.

Section 1. That section 5128 of the Revised Laws of Oklahoma of 1910, be hereby amended to read as follows:

Judgment in Foreclosure Suit.

"5128. JUDGMENT IN FORECLOSURE SUIT. In actions to enforce a mortgage, deed of trust, or other lien or charge, a personal judgment or judgments shall be rendered for the amount or amounts due as well to the plaintiff as other parties to the action having liens upon the mortgaged premises by mortgage or otherwise, with interest thereon, and for sale of the property charged and the application of the proceeds; or such application may be reversed for the further order of the court, and the court shall tax the costs, attorney's fees and

S. L. 15-11

expenses which may accrue in the action, and apportion the same among the parties according to their respective interests, to be collected on the order of sale or sales issued thereon; when the same mortgage embraces separate tracts of land situated in two or more counties, the sheriff of each county shall make sale of the lands situated in the county of which he is sheriff. No real estate shall be sold for the payment of any money or the performance of any contract or agreement in writing, in security for which it may have been pledged or assigned, except in pursuance of a judgment of a court of competent jurisdiction ordering such sale. The court may, in the order confirming a sale of land under order of sale on foreclosure or upon execution, award or order the issuance of a writ of assistance by the clerk of the court to the sheriff of the county where the land is situated, to place the purchaser in full possession of such land, and any resistance of the service of such writ of assistance shall constitute an indirect contempt of the process of such court, and if any person who has been removed from any lands by process of law or writ of assistance or who has removed from any lands pursuant to law on adjudication or direction of any court, tribunal or officer, afterwards, without authority of law, returns to settle or reside upon such land, he shall be guilty of an indirect contempt of court, and may be proceeded against and punished for such contempt.

Emergency.

Section 2. 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 22, 1915.

CHAPTER 176.

COTTON GINS DECLARED PUBLIC UTILITY-GENERAL CONTROL.

AN ACT regulating gins and the ginning of seed cotton.

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

Declared Public Utility.

Section 1. That cotton gins are hereby declared to be public utilities, and the operation of same for the purpose of ginning seed cotton is declared to be a public business.

Gins to Be Licensed.

Section 2. That no person or persons, or corporation in this state shall be permitted to maintain and operate a gin for the purpose of ginning seed cotton without first having secured a license for such purpose from the State Corporation Commission. The fee for such license to be issued by the Corporation Commission shall be $1.00 and shall be converted into the State Treasury.

Power of Corporation Commission-Location of Gins.

Section 3. That the Corporation Commission, in issuing such license, shall have the right to take into consideration the necessity for the operation of a gin for such purpose at the place it is located; provided, nothing herein shall operate to prevent the licensing of gins now established. If the facts disclose that the ginning facilities afforded by gins already licensed are adequate for the reasonable demands of such place for the ginning of cotton, the said Corporation Commission will be justified in refusing such license; provided, that on the presentation of a petition signed by not less than fifty farmer petitioners of the immediate vicinity, the Corporation Commission must issue a license as set out in petition. In addition to said authority, said Commission shall have a right to take into consideration the responsibility, reliability and the qualifications and the capacity of the person or per

sons, or corporations to do such ginning business as to afford all reasonable facilities, conveniences and services to the public and shall have the power and authority to require such facilities, conveniences and services to be afforded the public.

Regulation of Gins.

Section 4. That the Corporation Commission shall have the same power and authority and be charged with the duty of regulating and controlling such cotton gins in all matters relating to the performance of public duties and the charges therefor, and correcting abuses and preventing unjust discrimination and extortion, as is exercised by said Commission as to transportation and transmission companies, and shall have the same power to fix rates, rules, charges and regulations to be observed by such person or persons, or corporation, operating gins, and the affording of all reasonable conveniences, facilities and service as it may impose as to transportation or transmission companies.

Appeals to Supreme Court.

Section 5. The orders made by said Commission fixing rates, charges, rules and regulations as to any person, persons, or corporation operating any gin or gins may be reviewed on appeal by the Supreme Court in the same manner, form, jurisdiction and procedure as apply to such orders made relative to transportation and transmission companies.

Regulations-Enforcement of Orders.

Section 6. That in all matters pertaining to the regulation and control of gins and ginning and the business of such, the Commission shall have the same power and authority as is now exercised by it under the law as to any matter pertaining to the public visitation, regulation or control of transportation and transmission companies, and may enforce its orders against any person, firm, company, or corporation maintaining or operating a gin or gins, by

imposing a fine against them, or either of them, not exceeding $100.00 for the violation of any of its orders.

Validity of Several Sections.

Section 7. If it shall be held that any section or part of a section contained in this act is void by reason of it being repugnant to the constitution, the failure of such portion shall not be held to defeat the remaining portions of this act.

AN ACT to amend Section 7309 of the Revised Laws of Oklahoma, 1910, and declaring an emergency.

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

Collection of Back Tax on Omitted and Undervalued Property.

Section 1. That section 7309 of the Revised Laws of Oklahoma, 1910, be, and the same is hereby, amended to read as follows:

"Section 7309. If any real or personal property be omitted in the assessment of any year or years, and the property thereby escape just and proper taxation, at any time and as soon as such omission is discovered, the county assessor or the State Board of Equalization whose duty it