HOUSE BILL No. 137. AN ACT Amending Section 1 of Chapter 98 of 1910, Session Laws of the State of Oklahoma, Entitled "An Act to Amend Chapter 20, Article 1, Section 1 of the Session Laws of Oklohoma, 1895, Relating to the Larceny of Live Stock and Fixing the Punishment. Be it Enacted by the People of the State of Oklahoma: Section 1. That Section 1, Chapter 98, Session Laws of Oklahoma, be and the same is hereby amended to read as follows: Section 1. Any person in this state who shall steal any horse shall be guilty of a felony and upon conviction shall be punished by confinement in the state penitentiary for a term of not less than five years nor more than ten years; and any person in this state who shall steal any cow, or hog shall be guilty of a felony and upon conviction shall be punished by confinement in the state penitentiary for a term of not less than (2) two years nor more than ten years. The word "horse" as used in this Act, shall include all animals of the equine species, and the word cow shall include all animals of bovine species. Section 2. All acts and parts of acts in conflict herewith are hereby repealed. Passed the House of Representatives Feb. 10, 1911. AN ACT Amending Section 34, Article 9, Chapter 17, Statutes 1893, and Declaring an Emergency. Be it Enacted by the People of the State of Oklahoma: Section 1. Section 34, article 9, chapter 17, Statutes 1893, is hereby amended to read as follows: If it shall be necessary, in the location of any part of any railroad, to occupy any road, street, alley or public way or ground of any kind, or any part thereof, it shall be competent for the municipal or other corporation, or public officer, or public authorities owning or having charge thereof, and the railroad corporation, to agree upon the manner, and upon the terms and conditions upon which the same may be used or occupied; and if said parties shall be unable to agree thereon, it shall be necessary, in the judgment of the directors of such railroad corporation, to use or occupy such road, street, alley or other public way or ground, such corporation may appropriate so much of the same as may be necessary for the purpose of such road, in the same manner and upon the same terms as are provided in this chapter for the appropriation of the property of individuals. Provided, however, that if any railroad shall be located as to occupy any road or public way, constructed by any road improvement district organized under the laws of this state, for a greater distance than one-fourth (1) of one (1) mile, before any such railroad shall acquire the right to enter upon, use, occupy and maintain its railroad along such, and upon such public highway, it shall file in the office of the county clerk, in the county wherein such road improvement district is located, a statement showing the total length of the line proposed to be located along, and upon, such public highway, the amount of compensation they propose to pay to such road-improvement district for the use of such public highway, and the time and maner in which such payment is to be made. Immediately upon the filing of such proposal, the county clerk shall notify the county commissioners, and shall cause same to be published in one issue, at the expense of the railroad company, of some newspaper of general circulation within said road improvement district. The county commissioners shall meet within ten days, and shall immediately order an election to be held, within such road improvement district, for the purpose of submitting to the qualified electors within such road-improvement district, the question accepting or rejecting the proposal of such railroad company. They shall pass all orders and resolutions necessary for the holding of such elections, and shall canvass the returns thereof, and declare the result, and if three-fifths of all the votes cast on such question shall be in favor of the acceptance of the proposal of said railroad company, the same shall be accepted and the board of county commissioners shall have power to execute all contracts and do all things necessary to secure to said road improvement district the performance of the conditions of such proposal of said railroad company. Section 2. An emergency neccessary for the preservation of the public peace, health and safety is hereby declared to exist, by reason whereof this act shall take effect from and after its passage and approval. Passed the House of Representatives Feb. 24, 1911. W. A. DURANT, Speaker of the House of Representatives. Passed the Senate March 8, 1911. J. ELMER THOMAS, President Pro Tempore of the Senate. Approved March 11, 1911. LEE CRUCE, Governor of the State of Oklhoma. SENATE BILL No. 24. AN ACT To Amend Section 2 and Repeal Section 6, of Chapter 17 of the Session Laws of Oklahoma, 1901. Being an Act Entitled, "An Act Relating to Landlords and Tenants," and Declaring an Emergency. Be it Enacted by the People of the State of Oklahoma: Section 1. That section 2 of chapter 17 of the Session Laws of Oklahoma, 1901, be and the same is hereby amended to read as follows: Section 2. When premises are let for one or more years, and the tenant, with the assent of the landlord, continues to occupy the premises after the expiration of the term, such tenant shall be deemed to be a tenant at will; Provided, that no lease or rental contract of premis es shall be continued, unless the original contract was in writing, and all other lease contracts shall expire by limitation with the calendar year, without notice." Section 2. Section 6 of chapter 17 of the Session Laws of Oklahoma, 1901, is hereby repealed. Section 3. An emergency is hereby declared to exist by reason whereof it is necessary for the im nediate pres ervation of the public peace, health and safety that this act take effect and be in force from and after its passage and approval. Passed by the Senate Feb. 9, 1911. J. ELMER THOMAS, President Pro Tempore of the Senate. Passed by the House of Representatives Feb.21, 1911. W. A. DURANT, Speaker of the House of Representatives. Approved March 8, 1911. LEE CRUCE, Governor of the State of Oklahoma. HOUSE BILL No. 443. AN ACT Relating to Stock Law Election and Providing the Time for Holding the Same, and Declaring an Emergency. Be it Enacted by the People of the State of Oklahoma: Section 1. When a stock election held under the provisions of chapter 3, article 5, Snyder's Statutes, has been held and the regulations resulting thereupon shall have been declared, such regulation shall remain in full force and effect until set aside by a subsequent election. When an election, as herein referred to, has been held, no subsequent election can be held before the expiration of three years. Section 2. An emergency is hereby declared, by reason whereof it is necessary for the immediate preservation of the public health and safety that this act take effect and be in force from and after its passage and approval. Approved March 16, 1911. LEE CRUCE, Governor of the State of Oklhoma. CURRENT DECISIONS OF THE SUPREME COURT OF OKLAHOMA. MIDLAND VALLEY RAILROAD CO., VS. Plaintiff in Error, H. G. EZELL. Defendant in Error. (Rendered May 9th, 1911.) No. 818 Error from the County Court of Osage County. C. E. Bennett, Trial Judge. Reversed and Remanded. 1. A contract between a railroad company and the shipper of live stock, for the transportation of live stock providing that as a condition precedent to the shipper's right to recover for any damages or for any loss or injury to his stock during transportation thereof, that he will give definite written notice of his claim to sɔme general officer or agent of the railway company as soon after the occurrence of the loss or damages as the circumstances will permit; and that if he should fail from any cause to give such notice within 91 days from the date of such loss or damages, no liability shall exist therefor under the contract, does not violate section 1128 of Comp. Laws of Okla., 1909. 2. In an action upon such contract for loss and injury to livestock during transportation, a petition which fails to allege compliance with the conditions of the contract requiring notice of the claim of damages or waiver thereof is defective and insufficient to state a cause of action. (Syllabus by the Court.) Edgar A. DeMeules, Attorney for Plaintiff in Error. T. J. Leahy, E. F. Scott and C. K. Templeton, Attorneys for Defendant in Error. OPINION of the COURT by HAYES, J. This proceeding in error is brought to review a judgment of the county court of Osage county in an |