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Appointment to fill vacancy.

Penalty.

Acts inconsistent with, repealed.

Take effect.

SEC. 5. Every person appointed tɔ fill any vacant office, as required by this act, shall, before entering upon the duties of his office, qualify and give bond in the same manner as though he had been duly elected to the same office, and shall in all things be subject to the provisions of this act.

SEC. 6. Any surety upon any official bond, who shall wilfully, falsely, and corruptly make affidavit as to any of the qualifications required of him as such, shall be guilty of perjury, and upon conviction therefor, shall be imprisoned in the penitentiary of the Territory of Wyoming, for a term not exceeding ten (10) years.

SEC. 7. All acts and parts of acts inconsistent with this act are hereby repealed.

SEC. 8. This act shall take effect and be in force from and after its passage.

Approved, December 2, 1875.

CHAPTER 12.

AN ACT to authorize the Publication of the Proceedings of the Boards of the County
Commissioners of this Territory, and for Other Purposes.

Be it enacted by the Council and House of Representatives of the Ter-
ritory of Wyoming:

missioners

ize their pro

SECTION 1. The county commissioners of any county of this County comTerritory may authorize their proceedings to be published in any may authornewspaper of their respective counties, and pay a just and reason- ceedings to be able compensation for the same, said account to be audited and published. paid as other claims against the counties.

SEC. 2. This act shall take effect and be in force from and after. In force. its passage.

Approved, December 13, 1873.

CHAPTER 13.

Code of civil

CIVIL CODE.

AN ACT to establish a Code of Civil Procedure for the Territory of Wyoming.

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

TITLE 1.

Forms of Civil Action.

SECTION 1. This act shall be known as the code of civil proprocedure. cedure of the Territory of Wyoming.

Provisions of.

liberally construed.

SEC. 2. The rule of the common law, that statutes in derogathe code to be tion thereof are to be strictly construed, has no application to this code. Its provisions and all proceedings under it shall be liberally construed, with a view to promote its object, and assist the parties in obtaining justice.

between ac

Distinction SEC. 3. The distinctions between actions at law, and the forms tions at law of all such actions and suits heretofore existing, are abolished: and the forms and there shall be hereafter but one form of action, which shall be tions abol- the civil action.

of such ac

ished.

Plaintiff and defendant.

No feigned is

tions of fact

SEC. 4.

In all actions, the party complaining shall be known as the plaintiff, and the adverse party as the defendant.

SEC. 5. There can be no feigned issues, but a question of fact sues, but ques- not put in issue by the pleadings, may be tried by a jury upon an not in issue by order for the trial, stating distinctly and plainly the question of may be tried, fact to be tried, and such order is the only authority necessary for a trial.

the pleadings

etc.

Not to apply to actions commenced.

TITLE II.

Time of Commencing Civil Actions,

SEC. 6. This title shall not apply to actions already commenced, but the statutes now in force shall be applicable to such cases, according to the subject of the action, and without regard to form. Civil actions SEC. 7. Civil actions can only be commenced within the periods menced with prescribed in this title, after the cause of action shall have accrued; in periods pre- but where, in special cases, a different limitation is prescribed by statute, the action may be commenced accordingly.

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Actions for the Recovery of Real Property.

SEC. 8. An action for the recovery of the title or possession of lands, tenements or hereditaments, can only be brought within twenty-one years after the cause of action shall have accrued.

statute of

SEC. 9. If a person entitled to commence any action for the Limitation, recovery of the title or possession of any lands, tenements, or hereditaments, be, at the time his or her right or title, shall first descend or accrue, within the age of twenty-one years, a married woman, insane or imprisoned, every such person may after the expiration of twenty-one years from the time his or her right or title first descended or accrued, bring such action within ten years after such disability is removed, and at no time thereafter.

and detainer.

An action for the forcible entry and detainer, or forcible and Forcible entry unlawful detention only of real property, can only be brought within two years after the cause of such action shall have accrued.

Actions Other than for the Recovery of Real Property.

SEC. 10. Civil actions, other than for the recovery of real prop- Period within erty, can only be brought within the following periods, after the tions can be cause of action shall have accrued:

brought.

fore debtor be

Within five years an action upon a specialty or any agreement, contract, or promise in writing; but on all foreign claims, judg- For'gn claims ments or contracts, express or implied, contracted or incurred contracted bebefore the debtor becomes a resident of this Territory, actions comes a resishall be commenced within one year after the debtor shall have established his residence in this Territory.

dent,one year.

SEC. 11. Within four years: An action upon a contract not in Four years, writing, expressed or implied; an action upon a liability created by statute, other than a forfeiture or penalty.

SEC. 12. Within four years: An action for trespass upon real property; an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of the plaintiff not arising on contract and not hereinafter enumerated; an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud.

Four years.

SEC. 13. Within one year: An action for libel, slander assault one year. and battery, malicious prosecution or false imprisonment; an action upon a statute for a penalty or forfeiture; but where the statute giving such action prescribes a different limitation, the action may be brought within the period so limited.

SEC. 14. Within ten years: An action upon the official bond or Ten years. undertaking of an executor, administrator, guardian, sheriff or other officer; or upon the bond or undertaking given in attachment, injunction, arrest, or any case whatever required by statute.

SEC. 15. An action for relief of any character not hereinbefore provided for, can only be brought within ten years after the cause of action shall have accrued.

menced after

SEC. 16. If a person entitled to bring any action mentioned in May be comthis title, other than for the recovery of real property, and except isability is for a penalty or forfeiture, be at the time the cause of action removed. accrued, within the age of twenty-one years, a married woman, insane or imprisoned, every such person shall be entitled to bring such action within the respective times limited by this title after such disability shall be removed.

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When action shall be deemed commenced.

Act'on against

the Territory, etc.

SEC. 17. An action shall be deemed commenced within the meaning of this title, as to each defendant, at the date of the summons which is served on him, or on a co-defendant who is a joint contractor, or otherwise united in the interest with him, where service by publication is proper, the action shall be deemed commenced at the date of the first publication, which publication must be regularly made.

An attempt to commence an action shall be deemed equivalent to the commencement thereof, within the meaning of this title, when the party faithfully, properly and diligently endeavors to procure a service. But such attempt must be followed by service within sixty days.

SEC. 18. If, when a cause of action accrues against a person, person out of he be out of the Territory, or shall have absconded or concealed himself, the period limited for the commencement of the action shall not begin to run until he comes into the Territory, or while he is absconded or concealed; and if, after the cause of action accrues, he depart from the Territory, or abscond or conceal himself, the time of such absence or concealment shall not be computed as any part of the period within which the action must be brought.

Actions between nonresidents.

New action

may be com

SEC. 19. Where the cause of action has arisen in another State or country, between non-residents of this Territory, and by the laws of the State or country where the cause of action arose, an action cannot be maintained thereon by reason of lapse of time, no action can be maintained thereon in this Territory.

SEC. 20. If an action be commenced within due time, and a menced, when judgment therein for the plaintiff be reversed, or if a plaintiff fail in such action otherwise than upon the merits, and the time limited for the same shall have expired, the plaintiff, or, if he die, and the cause of action survive, his representatives may commence a new action within one year after such reversal or failure.

In name of

SEC. 21. In any case founded on contract, when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt, or claim or any promise to pay the same, shall have been made, an action may be brought on such case within the period prescribed for the same, after such payment, acknowledgment or promise, but such acknowledgment or promise must be in writing, signed by the party to be charged thereby.

SEC. 22.

TITLE III.

Parties to Civil Action.

Every action must be prosecuted in the name of the real party in real party in interest, except as otherwise provided in section

interest.

twenty-four.

SEC. 23. In case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any set-off or other defense now allowed; but this section shall not apply to negotiable bonds, promissory notes, or bills of exchange, transferred in good faith and upon good consideration, before due. Executor, ad- SEC. 24. An executor, administrator, guardian, trustee of an guardian, etc. express trust, a person to whom, or in whose name a contract is

ministrator,

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