tion of the public health and safety that this act take effect and be in force from and after its passage and approval.

Approved March 25, 1913.

ADOPTION OF CODE-AMENDMENTS.

House Bill No. 345.

AN ACT amending section 1, chapter 39, Session Laws of Oklahoma, 19101911, being House Bill No. 562 adopting a Code of Laws for the State of Oklahoma and amending section 3, of the same act prescribing the time of the taking effect of the said Code of Laws.

Be It Enacted By the People of the State of Oklahoma: Code adopted-proviso as to riparian rights.

Section 1. Section 1 of chapter 39 of the Session Laws of Oklahoma of the Session of 1910-1911, being House Bill No. 562 of said session, is hereby amended to read as follows:

"Section 1. That the Revised Code of Laws prepared under the authority and by the direction of the Legislature, by Samuel H. Harris, and Jean P. Day, Code Commissioners appointed by the Governor and under the authority of Senate Bill No. 261 of the Legislature of 1909, entitled 'An Act to provide for compiling, collating, revising, digesting, suggesting additional legislation, adapting to the Constitution of the state the public laws of the State of Oklahoma, creating a commission to formulate a Code of Laws of the State of Oklahoma, defining their duties and providing for their compensation and expenses, and declaring an emergency;' said code being identified as volumes 1 and 2, entitled 'Revised Laws of the State of Oklahoma, 1910,'

certified by said commissioners and by the Chairman of the Code Revision Committee of the Senate and House of Representatives, and reported and recommended by said committees for adoption as by them amended and corrected, be, and the same is hereby adopted and made of force as the Revised Laws of the State of Oklahoma; provided that section 6639 of the Revised Laws, being a provision defining the rights of the owners of land abutting upon navigable waters, shall not be adopted or become a part of said revised laws under the provision of this act; provided, further, that this act shall not be construed to alter, change, impair, disparage, vest or divest any right or interest of the United States Government, the State of Oklahoma, any of the Five Civilized Tribes of Indians or Nation, or any riparian, or abutting owner of any of the river beds, or streams, of the State of Oklahoma, or to change any interest, or ownership of the sand, gravel, oil, gas, or other mineral substance, or product, which may now exist, or which may hereafter be discovered, in or under such river beds or streams.”

Time for Code to go into effect-duties of Secretary of State.

Section 2. Section 3 of chapter 39, Session Laws of Oklahoma, Session 1910-1911, being House Bill No. 562 of said session is hereby amended to read as follows:

"Section 3. This act shall take effect and be in force from and after the sixth day after the receipt by the Secretary of one thousand copies of the Revised Laws of the State of Oklahoma, by this act adopted, and the issuance of a proclamation by the Secretary

announcing the receipt of said Revised Laws by him; provided, that the Secretary of the State shall immediately upon receipt of not less than one thousand copies of said Revised Laws of the State of Oklahoma, issue a proclamation announcing the receipt thereof, and cause the same to be immediately published in some newspaper of general circulation, published at Oklahoma City, which proclamation shall state specifically the date on which this act shall take effect."

Emergency.

Section 4. For the preservation of the public peace, health and safety, an emergency is hereby declared to exist by reason of which this act shall take effect, and be in force from and after its passage and approval. Approved March 22, 1913.

We desire to call the attention of quite a number of new subscribers in and out of the State, who have come in during the last thirty days, the fact that preceeding the above lot of late acts of the legislature of Oklahoma there has been many other acts published in this Journal, beginning with the February Number of 1913:

First appear in the February Number, commencing on the first page. March on page 325. April on page 367. May 411th page.

CURRENT DECISIONS OF

THE SUPREME COURT OF THE STATE OF
OKLAHOMA.

A. W. TUCKER, Plaintiff in Error.

VS.

FRANK HUDSON, et al. Defendant in Error.

(Rendered June 3, 1913.)

Error from County Court of Pawnee County.

N. E. McNeil, trial Judge..

No. 2673

Affirmed

1. All parties to a joint judgment must be joined in in a proceeding in error in this court, either as plaintiffs in error or as defendants in error, before such judgment can be reviewed; and where a review of the judgment is sought by means of a petition in error and case-made, service of case made must be had against all parties to the judgment before any question presented by the case made can be reviewed by this court.

2.

Under sec. 5629, Comp. Laws, 1909, misjoinder of parties defendant is not ground for demurrer.

3. Where a petition upon its face does not show that the cause of action is barred by the statute of limitation a demurrer thereto, urged specially upon that ground, should be overruled.

4. Whenever the causes of action have been improperly joined, if no objection be taken thereto by demurrer the defendant waives same.

Syllabus by the court.)

H. A. Johnson, for plaintiff in error.

W. L. Eagleton, Attorney for defendants in error.

OPINION OF THE COURT, BY HAYES, J.:

This proceeding in error is prosecuted from a joint judgment against plaintiff in error and defendants in

error, Arkansas Valley Townsite Company and H. C. Hannah, in favor of defendant in error, Frank Hudson for a specific sum of money and for costs. To the petition in error is attached both a case-made and a transcript of the record. The case-made was never served upon defendants in error, Arkangas Valley townsite Company and H. C. Hannah. It is therefore void, and no question which is attempted to be presented by the. case-made can be considered. National Surety Co. vs. Okla. Presbyterian College for Girls et al,, (recently decided, but not yet officially reported); State ex rel. Hankins, Co. Atty vs. Holt et al., not yet officially reported, 125 Pac. 469.

The only question attempted to be presented for review upon the transcript is the overuling of the demurrer of plaintiff in errrr, Tucker, to the petition of defendant in error, Frank Hudson, in the court below. The grounds for the demurrer are, misjoinder of parties defendant; but such objection does not constitute a ground for demurrer, and should have been presented by motion to strike out the unnecessary parties. Bourland vs. Madill State Bank, et al., 32 Okla. 761.

It is urged that the petition does not state facts sufficient to constitute a cause of action, because the action is barred by the statute of limitation; the petition does not disclose upon its face that the action is barred by the statutes of limitation; and it is only when such facts appear upon the face of the petition that this defense may be presented by urging same in a demurrer upon that ground. Betts v. Wilson, 17 Okla. 383; Martin et al. v. Gassert (recently decided, but not yet offi cially reported.)

It is also urged in this court that there is a misjoinder of actions. Whatever merit this objection may have in fact, plaintiff in error cannot avail himself of it here; for he failed to set up such objection as a ground of demurrer to the petition in the court below; and this omission constitutes a waiver of this alleged defect in the