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CHAPTER 20.

CHATTEL MORTGAGES.

AN ACT Concerning Chattel Mortgages,

Be it Enacted by the Council and House of Representatives of the Territory of Wyoming, as follows:

be filed.

SEC. 1. No mortgage on personal property shall be valid as Mortgage to against the rights and interest of any third person, or persons, unless possession of such personal property be delivered to and remain with the mortgagee or the said mortgage be acknowledged and filed as hereinafter directed.

SEC. 2. Any mortgagor of personal property may acknowledge Fee. such mortgage before any person authorized to take acknowledg ments of deeds; the fee therefor shall be fifty cents.

with recorder.

SEC. 3. A mortgage to be of any force or effect as against any To be filed third party, with or without notice, must be filed with the county recorder in the county where the property is, or the mortgagor resides; the recorder shall keep a book to be called chattel mortgage book, in which he shall enter the names of the parties, the date of the mortgage, and the time of filing, and when the mortgage will be due, and a brief description of the property, for which he shall receive a fee of one dollar.

year.

SEC. 4. Any mortgage of personal property acknowledged as Mortgage provided in the second section of this act, when filed in the office good for one of the county recorder, as provided in the next preceding section, shall, if bona fide, be good and valid from the date of its filing, for

a space of time not exceeding one year, notwithstanding the property mortgaged or conveyed, may be left in the possession of the Proviso. mortgagor; Provided, That such mortgage or conveyance shall provide for the property so to remain with the mortgagor.

erty.

SEC. 5. Any person having conveyed any article of personal Sate of propproperty to another by mortgage, who shall, during the existence of the lien or title created by such mortgage, sell the said personal property to a third party for a valuable consideration, without informing him of the existence and effect of such mortgage, shall forfeit and pay to such purchaser twice the value of such property Forfeiture. so sold, which forfeiture may be recovered in an action of debt in any court having jurisdiction thereof, or, if the amount claimed does not exceed one hundred dollars, before any justice of the peace; such party shall also be liable criminally for fraudulent practices.

Bills of sale, etc.

SEC. 6. The provisions of this act shall be deemed to extend to all such bills of sale, deeds of trust and other conveyances of personal property, as shall have the effect of a mortgage or lien upon such property.

SEC. 7. This act shall take effect and be in force from and after its passage.

Approved, November 24, 1869.

CHAPTER 21.

CHEYENNE CHARTER.

AN ACT to Incorporate the City of Cheyenne.

Be it enacted by the Council and House of Representatives of the
Territory of Wyoming:

SECTION 1. That all that portion of the Territory of Wyoming Cheyenne. situated on Crow Creek, in the county of Laramie, where the Union Pacific Railroad crosses the same, laid out and platted as a town-site by the Union Pacific Railroad company, under and by the name of Cheyenne, together with all the additions that may hereafter be made thereto according to law, is hereby declared to be a corporation by the name of the City of Cheyenne.

SEC. 2. The said City of Cheyenne is hereby made a body cor- Corporation. porate and politic, and invested with all the powers and attributes of a municipal corporation, and may, by its corporate name, sue and be sued, plead and be impleaded, complain and defend in any court of record in this Territory or elsewhere; may have a common seal and may alter the same at pleasure; and may take, hold, lease, purchase, convey and dispose of any real, personal, or mixed estate for the use of said corporation.

SEC. 3. The corporate powers of said city shall be vested in a Powers. board of trustees to consist of five members, each of whom shall be a resident householder of said city. And at the election to be held under this act, on the last Monday of December, 1873, three of said trustees shall be elected for two years, or until their successors are duly elected and qualified under this act, and two of said trustees shall be elected for a term of one year, and that thereafter, at each succeeding annual election, two or three mem- Two or three bers of said board shall be elected, as the case may be, to fill the members, as places made vacant by those whose terms of office expire, and the be, to be electtrustees shall make provision and all necessary arrangements, at the next annual election, for carrying this act into effect: Provided, Proviso, There shall be but one voting place or precinct in said city, which shall be selected by the board of trustees.

Second, That portion of said city lying west of Ferguson street and north of Sixteenth street, shall be known and hereafter designated as the second ward.

Third, That portion of said city lying and being south of Sixteenth street and west of Ferguson street, shall be hereafter known and designated as the third ward.

case may

ed annually.

One voting place.

Trustees.

President.

Vice President.

Clerk and assessor.

Police justices

Election.

Qualifications

eligibility to office.

Fourth, And all that portion of said city lying and being south of Sixteenth street and east of Ferguson street, shall be known and designated as the fourth ward; Provided, That

and
shall constitute the first board of trustees, who
shall hold their offices until the thirty-first day of December, A.
D., eighteen hundred and seventy, and until their successors shall
be elected and qualified, and one of said board of trustees shall
hereafter be a resident of, and chosen from each of said wards,
and one shall be elected by the city at large.

SEC. 4. The board of trustees shall have power at their first meeting to appoint one of their members president of the board, who shall be, ex-officio, mayor of said city, and who shall perform and discharge all such duties as shall be prescribed by the ordinances of said city.

SEC. 5. Said board of trustees shall also elect one of their number vice-president of the board, who, during the absence of the president from the city, or his inability to act from any cause, shall do and perform all such duties as are required by the ordinances of said city, and of right appertaining to the office of president of the board.

SEC. 6. Said board of trustees shall also have power at their first meeting, or as soon thereafter as possible, to appoint a city clerk, who shall be, ex-officio, city assessor; a city marshal, who shall be, ex-officio, city collector, and a treasurer; and said board shall also have power to appoint any other officers for the better government of said city, not herein provided for, whenever in their judgment the public interests demand such an appointment.

SEC. 7. It shall be the duty of said board of trustees to designate two justices of the peace, residents of said city, who shall be styled police justices, and they shall have concurrent jurisdiction to hear and determine all cases arising under the ordinances of said city, and a change of venue may be taken from one of said justices to the other, for like causes and reasons, as are, or may be, required by the code of criminal procedure of this Territory, regulating the practice in courts of justices of the peace.

SEC. 8. An annual election for the board of trustees herein provided for, shall be held on the last Monday in December in each year, commencing on the last Monday in December, A. D. 1870, and the board elected at said election, shall qualify and enter upon the discharge of their duties on the first Monday in January next thereafter, and shall hold their respective offices for one year, and until their successors are elected and qualified.

SEC. 9.

Every legal voter of this Territory, who shall have of voters and been a resident of said city three months next preceding any city election held therein, is hereby declared to be a citizen thereof, and shall be qualified to vote at said election, and no person shall be eligible to any office mentioned in this act, unless at the time of his election or appointment, he shall be a legal voter of said city.

Bond.

SEC. 10. The board of trustees before entering upon the discharge of their duties, shall each execute and deliver a bond to the city of Cheyenne in the penal sum of one thousand dollars, with two sureties to be approved by the judge of probate of

Laramie county, which bond shall be conditioned for the faithful performance of the duties of their offices respectively, and said bond shall be filed with the register of deeds of Laramie county, and recorded in the record of official bonds kept in his office. A certified copy of said record under the seal of the said register of deeds, shall be evidence of the facts therein contained, in all courts of this Territory.

SEC. 11. Said board of trustees shall also, before entering upon oath. the discharge of their duties, take and subscribe an oath or affirmation before the judge of probate, or some justice of the peace in Laramie county, that he will support the constitution of the United States, the provisions of the acts of congress organizing the Territory of Wyoming, and to faithfully, honestly, and to the best of his ability, discharge the duties incumbent upon them as trustees aforesaid, which oath shall be attached to, or indorsed upon said official bond, and recorded with it, as provided in section ten of this act.

SEC. 12. All other officers of said city shall qualify and give Other officers. bonds to said city in such sums and manner as shall be prescribed by ordinance of said city.

SEC. 13. The board of trustees shall have regular meetings at Meetings, least once in each month, and such other meetings as by adjournment or resolution they may direct; and the president of the board shall have power to call special meetings when he deems the same necessary, or any two members of the board may, by written notice, served upon the remainder, call a meeting at any time. The president of the board shall have the right to vote on all questions coming before it, and a majority thereof, including the president, shall constitute a quorum for the transaction of business. They shall keep a journal of all their proceedings, and all their meetings shall be public.

SEC. 14. The board of trustees shall have power to make by- Ad valorem laws and ordinances not repugnant to the act organizing the Ter- tax. ritory of Wyoming, or the laws of said Territory for the government of said city, and to levy and collect an annual ad valorem tax upon all property within the city of Cheyenne, both real and personal, made taxable by the laws of Wyoming Territory for the Territorial and county purposes, which are now in force or may hereafter be enacted, which tax shall not exceed ten mills per annum on the assessed value of all property; Provided, That they Proviso. shall also have power to levy an additional amount for the special purpose of paying the interest on bonds of the city as hereinafter provided. They shall also have power to lay out, extend, open, Powers, alter and repair the streets and alleys, provide for the draining, grading, cleaning, lighting or otherwise improving the same. Also to provide for the construction, repair and preservation of sidewalks, bridges, drains and sewers: To prevent obstructions being made or placed in the streets or alleys, and for the removal of the same: To compel the owners of lots and property to bear the expense of erecting sidewalks and creating other improvements in front of the same, by special tax or otherwise.

SEC. 15. Whenever it shall [be] necessary for said corporation Private propto use private property for public purposes, the same shall be con- erty.

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