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SEC. 15. Each juror shall receive three dollars per day from Jurors. the time they are summoned to appear until discharged by the court, and ten cents per mile for going and returning.

SEC. 16. Judges of election shall receive four dollars per day, Judges and and clerks of election shall receive six dollars per day.

dollars

clerks of election.

fees.

SEC. 17. Each witness in the district or probate court shall witnesses' receive three dollars per day, and in justices' courts, per day each; and witnesses may in all cases demand and receive their fees in advance, for the number of days which they are required to be in attendance.*

SEC. 18. Arbitrators shall receive five dollars per day, to be Arbitrators. taxed in the bill of costs.

SEC. 19. Appraisers shall receive three dollars per day, to be Appraisers. taxed in bill of costs.

SEC. 20. This act shall take effect and be in force from and after its passage.

1875.

Approved, 10th December, 1869.

NOTE.-For witnesses' fees, see chapter one hundred and eighteen, act of December 11th,

CHAPTER 50.

Women's rights.

FEMALE SUFFRAGE.

AN ACT to Grant to the Women of Wyoming Territory the Right of Suffrage, and to
Hold Office.

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

SECTION 1. That every woman of the age of twenty-one years, residing in this Territory, may, at every election to be holden under the laws thereof, cast her vote. And her rights to the elective franchise and to hold office shall be the same under the election laws of the Territory, as those of electors.

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

Approved, December 10th, 1869.

CHAPTER 51.

FENCE LAW.

AN ACT to Establish a Fence Law in Albany, Carbon and Uinta Counties.

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

SECTION 1. A fence constructed in any of the two following What is a lawways shall be a lawful fence:

First, By placing the ends of ordinary fence posts firmly in the ground at least twenty inches deep, and not more than twelve feet distant from each other, and by firmly fastening thereto good, sound rails, or poles, of sufficient size, five to the panel, the top rail or pole to be at least five feet from the surface of the ground, and the bottom rail or pole not more than ten inches from the ground;

*

Second, By placing posts, as provided in the first sub-division of this section, but not more than eight feet apart, and nailing, or firmly fastening thereto, ordinary, sound, fencing boards, five boards to the panel, and position of top and bottom boards as provided for rails or poles in first sub-division of this section.*

ful fence.

SEC. 2. If two or more persons join in the construction of a Partit'n fence, partition fence, each party shall thereafter keep in good repair his how kept. portion of such fence, and neither party shall abandon his part of such partition fence, or remove the same, or any portion thereof, until after one year's notice to the other party or parties interested therein, of his intention so to do, unless by the consent of all parties interested therein.

mals liable.

breachy ani

SEC. 3. Any person or persons owning, or having in his or her owners of or their possession or charge, any horses, mules, cattle or any one of such animals, which shall breach over or under, or breach into, any lawful inclosure belonging to any person or persons other than the owners of such animal or animals, such person or persons, owning or having in charge or possession such breaching animal or animals, shall be liable to the party or parties sustaining such injury, for all damages, he, she, or they may have sustained by reason of such breaching as aforesaid, to be recovered in a civil action before any court having jurisdiction thereof, or by arbitra- Arbitration. tion, each party to select a property holder, and the two arbitrators to select a third, and said arbitrators, before entering upon their duties, shall be first sworn before a justice of the peace, and it shall be the duty of the arbitrators to carefully examine the fence,

its condition, and assess the damage done; the arbitrators shall examine witnesses under oath, one of them to administer said oath to the witness; they shall make a written report, signed by at least two of the arbitrators, to any justice of the peace in the county Findings of in which damage is sustained. The finding of the arbitration, as tors shall be provided for in section three, shall, within three days after the tice of the same shall have been rendered, be filed with any justice of the peace in the county where said trespass shall have been committed, who shall enter the cost upon his docket, and proceed to issue execution therein, as in other cases originally commenced before him.

the arbitra

filed with jus

peace.

Owner of inclosure.

Owner notified.

Proviso.

Animals kept in custody.

Fence, lawful

SEC. 4. Any person or persons occupying, or having the charge of, an enclosure shall be considered the owner thereof in any action under provisions of the last section.

SEC. 5. The party sustaining the damage shall notify the owner or person having in charge such offending animals, of such damage, and the probable amount thereof; Provided, He knows to whom such animal or animals belong, and that such owner or keeper resides within the county where the damage was committed.

SEC. 6. The person suffering such damage done by animals as mentioned in section four, may restrain and keep in custody as many of such offending animals as are equal in value to the damage done, until the finding of the court or arbitration be ascertained, unless, before such suit, the amount of his claim or expense of keeping such animals be tendered him.

SEC. 7. If, upon the trial of any action under the provisions of or not lawful. section four of this act, it shall appear by competent testimony, that the plaintiff's enclosure is a lawful fence under the provisions of this act, he shall be allowed to prove the amount of damage sustained; and (if he has retained in custody the animals commiting such damage) the amount of the expense incurred for keeping such animals, and any judgment rendered for damages, costs and expenses against the defendant, shall be a lien upon the animals committing the damage. But if it shall appear upon the trial that the plaintiff's enclosure is not a lawful fence, or that no damage was sustained, judgment shall be rendered against the plaintiff, for costs of suit and damages sustained by defendant.

Defendant not owner.

Worm fence, etc.

SEC. 8. If, upon the trial, it appears that the defendant is not the owner, or the person in charge of such offending animals, he shall be discharged from the action with his costs, and the suit may proceed against a defendant whose name is unknown; and if, at the commencement of the action, the plaintiff does not know the name of the owner, or keeper of such offending animals, he may bring suit against a defendant unknown, in which case service shall be made by posting copies of the summons in three of the most public places within the county, not less than ten days previous to the day of trial, which posting may be done by the proper officer, or by any voter of the county.

SEC. 9. That the fence known as a "worm fence" or a stone wall, or any fence constructed of any material shall be a lawful fence, provided such worm fence, wall, or other fence, shall be as

effective for resisting breaching stock as the fences made in the manner prescribed by section one of this act.

SEC. 10. This act shall take effect and be in force from and

after its passage.

Approved, December 10, 1869.

*NOTE.- l'ide succeeding act.-COMPILERS.

AN ACT to amend an act entitled "An Act to Establish a Fence Law in Albany, Carbon
and Uinta Counties."

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

SECTION 1. That the act of the legislative assembly of the Ter- Fence law. ritory of Wyoming, approved on the 10th day of December, in the year of our Lord, one thousand eight hundred and sixty-nine, entitled "an act to establish a fence law in Albany, Carbon and Uinta counties," is hereby extended and declared to be in full Laramie counforce and virtue in Laramie county, and Sweetwater county, Wyo- br' fence law ming Territory, except as hereinafter otherwise provided.

SEC. 2. By placing the ends of ordinary fence posts firmly in the ground at least twenty inches deep, and not more than twelve feet distant from each other, and by firmly fastening thereto good, sound rails or poles of sufficient size, two to the panel, the top rail or pole to be not less than four feet from the surface of the ground, and the bottom rail or pole not more than twenty inches from the ground, with one wire not less than the size of telegraph wire, firmly stretched and secured to each post so as to equally divide the space between the rails or poles above provided for; Provided, That a third rail or pole may be substituted in place of the wire.

ty, provisions extended to.

Also Sweetwa

ter county.

SEC. 3. By placing posts as provided in the preceding section, Lawful fence but not more than eight feet apart and nailing or fastening thereto described. ordinary sound fencing boards, two boards and one wire, the same as provided in said section, to the panel, said boards and wire to be fastened to each post in the same position as provided for rails, or poles, and the wire in the foregoing section, provided that a third board may be substituted in the place of the wire.

SEC. 4. That so much of the act of the first legislative assem- Repealed. bly of this Territory, entitled an act to establish a fence law in Albany, Carbon and Uinta counties, as conflicts with sections two and three of this act, be, and the same is hereby repealed, so far as extending or applying the same to said Laramie county.

SEC. 5. This act shall take effect and be in force from and after its passage.

Approved, 16th December, 1871.

[NOTE.-Section one was amended to read as above by act of December 8, 1873.-COM

PILERS.]

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