Chap. 28. to be an improper subject for reform and who, if allowed to remain in the school, would damage its best interest, it shall be the duty of the management of said reform school to dismiss said person to the care of his friends: Provided, That if any such person to be dismissed as aforesaid, shall be held in the reform school for an alternative term of imprisonment, then in such case, such person shall be returned to the custody of the court which committed him, and said court shall be advised by the superintendent of the reform school concerning such person's conduct while in said school, and such person may, in the discretion of the court or the judge thereof be remanded to imprisonment to serve such portion of his original alternative sentence to imprisonment as such court or the judge thereof shall deem proper.

Sheriff to transport.

Compensation.

Appropriation.

SEC. 10. The sheriff of each county within this Territory shall convey to the reform school aforesaid all persons convicted in the county and sentenced to be confined therein as soon as may be after sentence. The sheriff shall deliver such persons, together with the certified copy of the judgment and sentence of the court ordering such imprisonment, to the superintendent of such reform school. And he shall in return deliver to the sheriff a receipt for each such person so received, naming each one, which receipt the sheriff shall file in the office of the clerk of the court where said sentence was had.

SEC. 11. The sheriffs of the several counties shall receive for their compensation for the service performed under this act for conveying persons to such reform school, such fees as are allowed by law for conveying persons to the penitentiary, and the accounts for the same shall be audited and paid in the same manner.

SEC. 12. A sum of money sufficient to defray the expenses growing out of this act is hereby appropriated for that purpose.

SEC. 13. This act shall be in force from and after its

passage and approval.

Approved March 8, 1895.

AN ACT to provide for the treatment and cure of habitual drunkards or inebriates or other persons addicted to the intemperate use of alcohol, morphine, cocaine or other narcotics, and to provide for the payment thereof.

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

cretion of

missioners.

SECTION 1. That any inhabitant of this Territory who Petition; dis is of kin to, or a friend of, any habitual drunkard who is county coma resident of this Territory and the head of a family, may petition the board of county commissioners of the county of the residence of such habitual drunkard for leave to send such person, at the expense of said county, to an institute for the medical treatment of drunkenness and morphinism, as the said board of county commissioners may designate, but the sending of such person to an institute for treatment shall be discretionary with the said commissioners, and not more than four persons shall be sent from the same county in any one year. The peti tion shall set forth the name, age, sex and condition of such person, and that such person or those of his kin petitioning, are not financially able to incur the expense of his cure, and shall set forth that said person is willing and will agree to attend such institution for the cure of drunkenness and morphinism, which petition shall be verified by the person making such request, and shall contain in addition thereto the written agreement of such person to take treatment, and to abide by and comply with the rules of said institute, and together with the names of three taxpayers in the county of his residence, stating that they are familiar with the facts set forth in the petition, and that they are familiar with the financial

Chap. 29. condition and circumstances of such person, and of the petitioning kin, and deem it a proper case for assistance from the county wherein said person resides.

Proof; expenses, how paid.

Officers of institute to enforce rules.

Drunkard defined.

SEC. 2. When such petition is filed, the commissioners referred to in section 1, if satisfied from examination that the facts set forth in the petition are true, and that the said person has been a resident of the county named in said petition for one year next preceding the application, and that such person of his own free will desires to take such treatment, then such person may be sent to an institute for the cure of drunkenness or morphinism, provided said institution is located in the Territory of Oklahoma, and that the managers of such institute will agree to treat such person for a sum not to exceed one hundred dollars ($100.00), including board and lodging. The commissioners may make an order that the expense of such treatment shall be paid out of the treasury of the county, named in said petition, as the case may be, in the same manner that other claims against the county are paid.

SEC. 3. The officers of such institute as may be designated for the treatment of such persons, payment for whose cure is provided by this act, shall have authority to enforce such reasonable rules as may be necessary for the administration of proper treatment to the patient entrusted to their care, but they shall receive no fee or compensation other than the sum provided for and limited by section 2 of this act.

SEC. 4. A drunkard, as mentioned in the foregoing sections of this act, shall be deemed to include any person who has acquired the habit of using spirituous, malt or fermented liquors, cocaine or other narcotics, to such an extent or degree as to deprive him of reasonable self control.

SEC. 5. This act shall take effect and be in force from and after its passage and approval.

Approved March 8, 1895.

AN ACT amendatory of section 1, chapter 42, statutes of Oklahoma, 1893, en

titled "Insane."

Be it enacted by the Legislative Assembly of the Terri

tory of Oklahoma:

authorized to contract.

SECTION 1. That section 2990, paragraph 1, chapter Governor 42, of the Oklahoma statutes, be and the same is hereby amended so as to read as follows: Section 2990, paragraph 1. The governor of the Territory of Oklahoma be and he is hereby authorized and directed to enter into a contract with responsible individuals or private corporation, for the treatment, care and maintenance within the Territory, of the Territory's insane, and of all persons who become insane within the Territory, and who are citizens thereof, for a term not to exceed three years from on or before the fifteenth day of June, 1895, and at a rate not to exceed three hundred dollars per annum for each patient: Provided, further, That the contract shall stipulate that the regulations prescribed by law of the states of Illinois or Kansas for the treatment of the insane, shall be those governing the contractors in the care and treatment of the insane, as far as the same can be made applicable. The accounts of the person, persons or corporations with whom the governor shall contract for the treatment, care and maintenance of the insane shall, on the approval of the governor, be audited by the Territorial auditor quarterly and warrants issued on the Territorial treasurer for the amount found due: Provided, That burial expense and accounts for conveying discharged patients to their residence shall be a county charge, and shall be allowed by the board of county commissioners of the county of the patient's residence: Provided, That the Territory

Chap. 31. shall in no case be responsible for the expense of transporting patients from the institution where they are now kept to the asylum established under the provisions of this act.

Repeal.

The governor shall also have power under this act to contract for the care of the deaf and dumb of the Territory of Oklahoma, by parties within or without the Territory of Oklahoma, in like manner as provided in this act for the care of the insane.

SEC. 2. All acts and parts of acts in conflict herewith are hereby repealed.

SEC. 3. This act shall be in force and effect from and after its passage and approval. Approved March 8, 1895.

CHAPTER XXXI.

JUDGMENTS.

AN ACT to regulate the appeals from the Justice of the Peace and Probate

Courts.

Be it enacted by the Legislative Assembly of the Terri tory of Oklahoma:

SECTION 1. That when final judgment shall be rendered against the appellant in the district court in any action appealed from the probate courts or justice's court, under the provisions for appeals from said courts, the court, on motion of the appellee, or any other person having an interest in such judgment, or a right to any part of the costs in such actions, after ten days' notice of such motion, to be served upon the appellant by copy delivered to him, may enter up judgment in the name of the appellee or his legal representatives, against the surety or sureties on the appeal bond of the appellant for the amount of such judgment and the costs, which, by