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Sale of public grounds and

lands by commissioners and when election

grounds and

ing to county, and when election to be

commission

ers.

any claim presented to the board of county commissioners and is accepted by the person making the claim, such allowance shall be a full settlement of the entire claim.

SECTION 3. That section 19, article 9, chapter 22, of the statutes of Oklahoma, 1893, is hereby amended to read as follows: Section 19. First, They shall therefor, and have power to make all orders respecting the progeneral duties. perty of the county, to sell the public grounds of the county and to purchase other grounds in lieu thereof; and for the purpose of carrying out the provisions of this section, it shall be sufficient to convey all the interests of the county in such grounds, when an order made for the sale and a deed is executed in the name of the county by the chairman of the board of commissioners, reciting the order, and signed and acknowledged by him for and on behalf of the county: Sale of public Provided, however, That the question of the sale of lands belong- such public grounds or lands, if the value thereof exceed the sum of five hundred dollars, shall be first Called there submitted to a vote of the people of the county, as for, and general duties of hereinafter provided, and sanctioned by a majority vote thereof. Second, They shall have power to levy a tax not exceeding the amount now authorized by law, and to liquidate indebtedness. Third, To audit the accounts of all officers having the care, management, collection or disbursement of any money belonging to the county, or appropriated for its benefit. Fourth, To contract and repair bridges and to open, lay out and vacate highways, and to condemn or purchase right-of-way for the same through private lands where it is not practicable to follow the section lines, or where the distance between important points can be materially shortened, or it is cheaper to procure the right-of-way than to improve the section lines, in which case the county shall be liable to the land owner for the amount of his damages regularly assessed, accruing from the opening of said road, whenever such damages shall exceed the benefits gained thereby; to establish one or more election precincts in each municipal township in their county, and to equalize the assessment rolls of their county, in the manner provided by law: Provided, That the

letting of contracts for the construction of bridges or repairing the same, where the cost of such exceeds twenty-five dollars, or any other public work, shall be made and let in the following manner, to-wit: The county commissioners shall, ten days before closing a contract therefor, first advertise by placing five or more notices in conspicuous places in their respective counties, one of which notices shall be at the court house door, setting forth the nature of said work and referring to plans and specifications which may be examined at any time at the office of the county clerk, that sealed bids will be received and filed with the county clerk for such work, to be opened at 10 o'clock a. m. on the day set out in said notices, by the county commissioners. And it shall be the duty of the county clerk, by order of the board of county commissioners, who shall be in session at the time specified in said notices, in the presence of all bidders, to open and read all sealed bids in the order which they were filed, which shall be then and there taken up in the order of filing and considered by the board of county commissioners; and while in open session they shall then and there award to the lowest bidder the contract: Provided, That the commissioners shall have power to reject any and all bids and to readvertise. Said county commissioners, in their notice, shall require that each bidder shall file a duly certified check or other security in the amount of ten per cent. of his bid, which shall accompany his application, which shall be forfeited to the county on his failure to execute his bond, as hereinafter provided, if the contract be awarded to him. In considering said applications, no new plans or specifications shall be submitted or accepted, but all bids shall be made with reference to the plans and specifications furnished by the county commissioners as aforesaid, and the party to whom said contract or contracts may be awarded shall execute to the county commissioners a bond in the sum of the amount of the contract, to become void upon the performance of the conditions set out in said contract. Twenty per cent. of the contract price shall be retained by the county until the contract is completed and the work accepted. Fifth,

Repeals laws in conflict herewith.

To furnish necessary blank books, plats, blanks and stationery for clerks of the district court, county clerk, register of deeds, county treasurer and probate judge, sheriff, assessor, coroner, county superintendent of schools, county surveyor and county attorney of their respective counties, justices of the peace, and constables, to be paid out of the county treasury; also a fire proof vault sufficient in which to keep all the books, records, vouchers and papers pertaining to the business of the county. Sixth, To set off, organize and change the boundaries of townships in their respective counties, to designate and give names therefor and to fix the time and place for holding the first election therein: Provided, That the boundaries of no township shall be changed within six months next preceding a general election. Seventh, To do and perform such other duties and acts that the board of county commissioners are now, or may hereafter be required by law to do and perform. Eighth, To locate lands in lieu of sections sixteen and thirty-six in their respective counties, as provided for by law.

SECTION 4. That section 31. article 9, chapter 22, of the Statutes of Oklahoma, 1883, is hereby amended to read as follows: Section 31. That they shall hold their sessions with open doors, and transact all business in the most public manner, convening at 9 o'clock a. m. of each day, and no executive session shall be held by said county commissioners pertaining to any matters coming before them, but all the matters shall be taken up and considered in open session, and where the county has no court house, or the court house shall be unfit or inconvenient, they may hold their sessions for the transaction of business at any other suitable place in the county seat. All matters pertaining to the interest of the county shall be heard by the board of county commissioners in open session only. No claim presented to the board of county commissioners shall be laid over longer than to the next regular session, when it shall be finally acted

upon.

SECTION 5. All acts and parts of acts in conflict with this act are hereby repealed.

SECTION 6. This act shall take effect and be in force from and after its passage and approval. Approved February 26, 1897.

ARTICLE 3.-ELECTION AND TERM OF OFFICE OF COM

SECTION.

MISSIONERS.

1. Time of election of commission

ers and the term of office.

2. Repeals laws in conflict herewith.

SECTION.

3. Time of taking effect.

AN ACT entitled, An Act to amend section 1, article 9. of chapter 22, of the
General Statutes of 1893, and to fix the term of office of county commis-
sioners.

Be it enacted by the Legislative Assembly of the Territory of
Oklahoma:

tion of com

and the term

SECTION 1. That section one, article nine, chapter Time of electwenty-two, of the General Statutes of 1893, be missioners amended to read as follows: Section 1. There shall of office. be elected at the general election to be held in 1898, and at each general election held thereafter, one county commissioner from each of the commissioner districts, as said district shall then be legally constituted, whose term of office shall commence on the first Tuesday of January succeeding each general election, and continue for a period of two years and until his successor is elected and qualified, and that the present term of office of all county commissioners shall expire on the first Tuesday in January, 1899.

SECTION 2. All acts and parts of acts in conflict Repeal with this act are hereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passage and approval.

Approved March 12, 1897.

Creating office of pub

lic weigher.

and other officers.

Appointment of public weigher by governor.

To be elected

eral election

and thereafter.

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AN ACT to provide for a public weigher in each county of Oklahoma Territory, and prescribing the duties of such office.

Be it enacted by the Legislative Assembly of the Territory of

Oklahoma:

SECTION 1. That section 1653, of the statutes of Oklahoma Territory, 1893, be, and the same is, hereby amended so as to read as follows: There shall be, and is hereby created, the following offices: County surveyor, county treasurer, sheriff, county attorney, county clerk, probate judge, register of deeds, public weigher, coroner, county superintendent of public instruction, and three county commissioners, and such offices shall be filled by election, or appointment, as provided by law.

SECTION 2. That upon the passage and approval of this act it shall be the duty of the Governor of the said Territory to appoint in each county thereof, a suitable male person, having the qualifications of an elector therein, as public weigher, to serve until the next general election, and until the election and qualification of his successor.

SECTION 3. That at the next general election, and atation at all subsequent general elections, there shall be elected, as is provided by law for the election of all the other officers mentioned in section one of this act, a public weigher, and in case of a vacancy in office of the said public weigher, by death, resignation, or removal from office, at any time after the first general election, the said vacancy shall be filled by the board of county commissioners of the county in which such vacancy occurs, under the laws of the said Territory as now in force.

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