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Papers, prop- forty-eight hours after completing the inquest, turn over to the fects shall be probate judge of the county, all papers, property and effects of probate judge. every kind, found upon, or belonging to the body of deceased

erty and ef

delivered to

Absence of coroner.

Scientific examinatiou.

Surveyor.

Official duties.

Records.

County attor

ney.

person.

SEC. 12.

When there is no coroner, or in case of his absence, or inability to act, any justice of the peace of the same county is authorized to perform the duties of coroner, in relation to dead bodies.

SEC. 13. When an inquisition is being held, if the coroner or the jury shall deem it requisite, he may summon one or more physicians or surgeons, to make a scientific examination, and may allow, in such case, a reasonable compensation, subject to the confirmation of the board of county commissioners.

ARTICLE VII.

County Surveyor.

SECTION 1. There shall be in each organized county, a county surveyor, who shall hold his office for two years, and until his successor is elected or appointed and qualified according to law. He shall take the oath prescribed in this act to be taken by other county officers, said oath to be indorsed on his certificate of elec tion or appointment, and shall give bond with sureties, to the people of this Territory in the penal sum of one thousand dollars, for the faithful performance of his duties, which oath and bond shall be filed in the county clerk's office.

SEC. 2. It shall be the duty of the county surveyor to execute any survey which may be required by order of any court, or upon application of any individual or corporation, and the certificate of the county surveyor shall be admitted as legal evidence in any court of the Territory, but the same may be explained or rebutted by other evidence.

SEC. 3. The county surveyor shall keep a correct and fair record of all surveys made by him in a book to be provided for that purpose by the county, which he shall transmit to his successor in office. He shall also number such surveys progressively, and shall also preserve a copy of field notes and calculations of each survey, indorsing thereon its proper number; a copy of which, and also a fair and accurate plat, together with a certificate of survey, shall be furnished by said surveyor to any person requiring

the same.

ARTICLE VIII.

County Attorney.

SEC. 1. There shall be, in each organized county, a county attor ney, who shall, before entering upon the duties of his office, take the oath required of other county officers in this act, which oath shall be indorsed on the back of his certificate of election or appointment, and shall also give bond to the people of this Territory in the penal sum of two thousand dollars, with sufficient sureties, to be approved by the board of county commissioners, conditioned for the faithful performance of the duties of his office as required by law, and said certificate and bond shall be filed with the county clerk, and a copy of said certificate of election shall

be filed by such attorney with the clerk of the district court sitting for his county.

SEC. 2. Every county attorney shall appear in the district court Duties. in behalf of the Territory and the county in which he may be elected or appointed, in all indictments, suits and proceedings which may be pending or arise in said county, wherein the Territory, or the people thereof, or said county may be a party, he shall also appear at the hearing of every writ of habeas corpus, sued out in Habeas his county by any person charged with, or convicted of, any public pus. offense, before the judge of his district, he shall prosecute or defend against all appeals and writs of error which may be removed from the district court of his county to the supreme court of this Territory, in all cases where said county or Territory is a party in all such indictments, actions, suits or proceedings which may be brought to the district court, when sitting in and for said county, by change of venue from any other district court of this Territory, and he shall appear in the preliminary examination of persons charged with any offense before any justice of the peace or judge within his county. Nothing contained in this section shall Proviso. be so construed as to prevent the county commissioners of any county from employing one or more attorneys to appear and prosecute, or defend, or asssist said attorney in so doing, in behalf of the people of the Territory or such county, in any such indictment, action or proceeding.

cor

in

writing, gra

SEC. 3. The county attorney, upon request of any county offi- Opinions eer of his county, shall, without fee, give his opinion in writing tis. upon all questions of law having reference to the duties of such officer, which may be submitted, and shall file and preserve in his office a copy of all such opinions.

SEC. 4. Each county attorney shall receive such fees as may be Fees. allowed him by law, and the county attorney shall not receive any fee from, or prosecute or defend for any individual or corporation in any civil or criminal suit or proceeding at law in which this Territory or his county may be a party, but in all such cases he shall prosecute or defend for said Territory or county, and if such attorney shall fail, neglect or refuse to perform any and all official Liability duties enjoined upon him by law, he and his sureties shall be liable, sureties. in each case, on his official bond in a sum not less than one hundred dollars and not more than five hundred dollars, in the discretion of the court having jurisdiction of such cases.

ARTICLE IX.

County Superintendents of Public Schools.

lic schools.

of

SECTION 1. There shall be, in each organized county, a superin- Sup't of pubtendent of public schools, who shall, before entering upon the duties of his office, take the oath prescribed for other county offi- oath. eers, which oath shall be indorsed on the back of his certificate of election or appointment; he shall also give bond to the people of Bond. the Territory in the penal sum of five hundred dollars for the faithful performance of all duties required of him by law as such superintendent, to be approved by the board of county commissioners, and, together with said certificate and oath, filed in the county clerk's office.

Powers.

Justices.

com'issioners.

cincts.

SEC. 2. Each superintendent of public schools shall have such powers and perform such duties as may be required of him as such superintendent by the laws of this Territory, and shall receive such compensation as directed by law.

ARTICLE X.

Justices and Constables.

SECTION 1. There shall be elected, or appointed, in each county, one or more justices of the peace and constables, in such precincts as the board of county commissioners may direct; and it shall be Duty of co'nty the duty of the county commissioners to segregate the counties into justice and constable precincts, and the justice and constable shall Justice and not be voted for outside of the precincts in which they live, who constable pre- shall, before entering upon the duties of their offices, take the oath required of other county officers, which oath shall be indorsed on the back of their certificates of election or appointment, and shall also give bonds in the sum of five hundred dollars each, payable to the people of the Territory, with sufficient sureties, to be approved by the board of county commissioners, conditioned for the faithful discharge of the duties of their respective offices, and that they will pay over all moneys which may come to their hands by virtue thereof.

Constables.

Office at place

SEC. 2. Each justice of the peace and each constable shall of residence. reside and have his office in the precinct where he resides at the time of his election or appointment.

Miscellaneous provisions.

bond.

ARTICLE XI.

Miscellaneous Provisions.

SECTION 1. Every sheriff, county clerk, and judge of probate shall keep his office at the county seat of his county, and in the office provided by the county; if there be none provided, then at such place as the board of couniy commissioners may direct, and they shall each keep the same open during the usual business hours of each day, Sundays excepted; and all books and papers required to be in their offices, shall be open to the examination of any person; and if any person or officer shall neglect to comply with the provisions of this section, he shall forfeit, for each day he so neglects, the sum of five dollars.

Execution of SEC. 2. Every county officer provided for by law, shall, before entering upon the duties of his office, and within twenty days after the commencement of the term for which he was elected or appointed, exécute and deposit his official bond, as prescribed by law, and every such officer shall, also, within the same time, take and subscribe the oath of office prescribed by law, before some officer authorized to administer oaths, and deposit the same with his official bond as prescribed by law.

Documents.

SEC. 3. Copies of all documents, writs, proceedings, instruments, papers and writing, sduly filed or deposited in the office of any judge of probate, county clerk or county treasurer, and transcripts from books of record or proceedings kept by any of said officers, with the seal of his office aaffixed, shall be prima facie evidence in all cases.

ges,

SEC. 4. No county officer shall directly or indirectly ask, Treble damademand or receive for any service required to be by him performed in the discharge of any of his official duties any greater fees than are allowed by law, on pain of forfeiture of treble damages to the party aggrieved, and being fined in a sum not less than twenty-five dollars, and not more than two hundred dollars.

SEC. 5. Whenever any county officer shall be required to per- Powers. form the official duties of any other officer in this Territory, he shall, for the time being, have the same powers in respect to the duties of such office, as are given by law to the officer whose duties he shall perform, and shall be entitled to receive the same compensation for his services.

SEC. 6. Every official bond of any county officer, where not official bonds. otherwise provided by law, shall be payable to the people of the Territory of Wyoming, and an action shall lie thereon to the use of any party aggrieved, in the name of the people.

office.

SEC. 7. No person shall be eligible for any county office unless Elligibility to he be an elector, and no person shall be received as surety on the official bond of any county officer, unless he be an actual resident of this Territory.

all

SEC. 8. Each justice of the peace and each constable shall pay Payment moneys that may come into his hands by virtue of his office to moneys. any party or parties entitled to the same, upon demand of such party or parties, whether collected on attachment, execution or otherwise; and all moneys collected by any constable officially, shall be by him paid to the justice issuing the process whereby he collected the same, on the return day thereof, or as soon as collected, if prior to the return thereof; and if any justice of the peace or constable shall fail, neglect or refuse to pay over any moneys as required in this section, or shall fail, neglect or refuse to deliver all books, papers, records or other property appertaining to his office to his successor in office, he shall be subject to a fine of not less than twenty-five dollars, and not more than one hundred dollars, for each offense, and shall also be liable on his official bond to the person aggrieved.

Approved, 10th December, 1869.

[NOTE.-Section 1, Article 4, was curtailed as above by act of December 13, 1873. Section 2, Article 5, was repealed by act of December 7, 1875. Section 1, Article 5, section 11, Artiele 6, and section 1, Article 10, were amended to read as above, by act of December 11th, 1875.-COMPILERS.]

of

CHAPTER 29.

County stock

and agricultu

constituted a

AN ACT for the Formation and Protection of County Agricultural and Stock Associa

tions.

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

SECTION 1. In all cases when the citizens of any county, or of ral society two counties jointly, shall, or may have organized a county stock body politic. and Agricultural Society, not exceeding one in each county, by the adoption of a constitution and the choice of officers, they shall have all the powers of a corporation and body politic, and may sue and be sued, plead and be impleaded, prosecute and defend to final judgment and execution in any court of law or equity, and may purchase and hold any real or personal estate which shall be necessary to best promote the objects of said association, and which estate shall be exclusively devoted to such objects. Said societies shall also have power to sell and convey any and all such real estate, said conveyance being executed by the president and Lands of soci- secretary of such society. All such land and property shall be exfrom taxation empt and free from taxation, while used as aforesaid by such

Membership accessible to

society.

societies.

SEC. 2. All such societies shall be open and free alike to all the all citizens. citizens of a county who may wish to become members thereof, and shall comply with the regulations and pay the prescribed fees. Privileges of They shall hold annual meetings for the election of their officers. They may adopt such by-laws as may be required to carry out the purposes of the society, and may adopt a corporate seal, and change the same at pleasure. Their records shall be carefully kept by their Secretary, and may be read in evidence in any court when the interests of such society are concerned.

Records.

Full control of

officers.

SEC. 3. The principal officers of such societies shall have full gro'nds grant- jurisdiction and control of the grounds on which the society may exhibit, and all the streets and alleys and other grounds adjacent to the same, during all such exhibitions, so far as may be necessary to preserve and keep good order, and to exclude therefrom all other exhibitions, booths, stands, or other temporary places for the retail or sale of any kind of spirituous or fermented liquors, or other articles that they might deem objectionable or offensive to said exPresid'nt may hibition. The president of any such society shall have the power appo't police- to appoint any necessary policemen to assist in preserving the peace or arresting offenders, and all such policemen thus appointed shall be vested, during the continuance of such exhibition, with the or dinary powers and authority of constables, and be entitled to simi

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