AN ACT for the protection of the several counties of the Territory of Oklahoma, and regulating the business of abstracting in relation thereto.

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

Abstracters.

ditions.

SECTION 1. That it shall be unlawful for any person, Abstract confirm or corporation to hold themselves out as abstracters and to engage in the business of abstracting title to real estate in any of the counties of the Territory of Oklahoma, without first having executed and filed with the county clerk of the county in which said person, firm or corporation intends to engage in the business of abstracting, a bond, to be approved by the board of county commissioners of said county, with three or more good and sufficient sureties residing in the county, and worth not less than double the amount of the bond over and above all debts, liabilities and exemptions, in the sum of five thousand dollars, conditioned that he will properly demean himself in the business of abstracting, and will pay all damages that may accrue to any person by reason of any incompleteness, imperfections or error in any abstract furnished by him, and will in no way mutilate, deface or destroy any of the records of the several offices to which he may have access, and that he will not in any way interfere with, hinder or delay the several county officers in the discharge of their duties, while using said

Certificate, how issued.

records in the prosecution of said business of abstracting: Provided, however, That the records shall in no case be taken from the county office to which they belong. The person, firm or corporation who shall execute and file said bond of five thousand dollars for said purpose, shall, together with the sureties thereon, be liable on said bond to the Territory of Oklahoma in the penalty of one hundred dollars ($100); and to any county or person who shall be in any way damaged by any mutilation, injury or destruction of any record or records of the several county offices to which he or they may have access, to the amount of damage actually done said county or person; and to any person or persons for whom he or they may compile, make or furnish abstracts of title, to the amount of damage done to said person or persons by any incompleteness, imperfection or error made by said person, firm or corporation, in compiling said abstract.

SECTION 2. It is hereby made the duty of the county clerk, after the bond of any abstracter has been filed and approved, to issue to such abstracter, on demand, a certificate of authority in writing, under his hand and official seal, to make abstracts. After such certificate shall have been issued, a person, firm or corporation holding the same during the continuance of such certificate, shall have free access to the county records of the several county offices, for the purpose of the prosecution of their said business of abstracting, and the compiling, posting and keeping up of their abstract books necessary for the proper conduct of their said business, under the direct supervision of the county officers having the legal custody of said records; and while handling and using said county records for any of the purposes of this Act the said abstracters shall be under the same obligation to protect and preserve said records as the several county officers who have the legal custody of same, and subject to the same penalties for a violation of such duty as said officer would be. And it is hereby made the duty of such

abstracter holding such certificate, to furnish an abstract of the title to any tract of land in said county, when requested so to do and on the payment of the fees hereafter provided for.

penalty.

SECTION 3. Any person, firm or corporation who shall Misdemeanor hold themselves out as abstracters and engage in the business of abstracting without first having executed and filed the bond in compliance with Section 1 of this Act, and received the certificate herein before provided for, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding one hundred dollars for each and every such offense.

SECTION 4. The board of county commissiouers, of the county where the bond is filed, may at any time require such abstracters, upon ten days notice, to give additional security upon said bond, and show cause why the same should not be declared invalid and the certificate thereof recalled and annulled, and if within such time the additional security to be approved by said board of county commissioners be not furnished, and no sufficient reason be shown to the commissioners why the same should not be required, then said bond shall be declared invalid and the certificate thereof recalled and annulled, in which event it shall be unlawful for such abstracter to continue or longer engage in the business of abstracting, and for any violation of this section he shall be subject to the penalty prescribed by section three of this Act.

Additional secunity.

SECTION 5. The abstracter or claimant may have an Appeal. appeal to the district court of such county from the decision of the board of county commissioners, with like effect and in the manner as is by law provided for appeals from said board, and the costs of such appeal shall be adjudged against the appellant.

SECTION 6. No person, firm or corporation doing busi- Fees. ness under the provisions of this Act shall charge any fees in excess of the following: For the first entry or

Misdemeanor, penalty.

False certificate, felony.

ansfer on said abstract, seventy-five cents (75c.); for each subsequent entry or transfer on said abstract, thirtyfive cents (35c.); for entry or certificate relating to taxes, fifteen cents (15c.); for entry or certificate relating to mechanics' liens, fifteen cents (15c.); for certificate as to judgments, which may constitute a lien on real estate abstracted, thirty-five cents (35c.); and fifteen cents (15c.) for each name certified to; and it shall be the duty of such abstracters to continue the abstract so made by them on the payment of twenty-five cents (25c.) for each additional entry thereon and certificate fees as above stated.

SECTION 7. Any person, firm or corporation engaged in abstracting who shall violate any provision of this Act shall be deemed guilty of a misdemeanor, and upon. conviction thereof shall be punished by a fine not less than twenty-five ($25.00) dollars, nor more than one thousand dollars ($1,000.00.)

SECTION 8. Any abstracter, in the meaning of this Act, who shall fraudulently make any false certificate in connection with any abstract, shall be deemed guilty of a felony, and shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars, or by imprisonment in the penitentiary not more than three years, or by both such fine and imprisonment. SECTION 9. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

SECTION 10. This Act shall take effect and be in force from and after the first day of August, 1899.

Approved, March 10th, 1899.