Oath.

citizens of the county, and not from the bystanders, so many qualified persons as may be necessary to complete the jury. The jury shall consist of twelve persons unless the parties may consent to any number not less than four. Such consent shall be entered by the clerk in the minutes of the trial.

SEC. 24. As soon as the jury is completed, an oath or affirmation shall be administered to the jurors, in substance that they, each of them, will well and truly try the matter in issue between the plaintiff, and the defendant, and a true verdict render, according to the evidence. After the oath or affirmation has been administered and the jury has been fully impaneled, it shall be the duty of the court to order the jury into Sheriff to have the custody of the sheriff, or other officer selected by the court, charge of jury and the jurors shall not be allowed to separate or depart from the custody of the sheriff, or other officer, until they have been duly discharged, unless by the consent of the parties to the action. It shall be the duty of the sheriff to prepare suitable and comfortable apartments, and prepare food for the jury pending the trial. SEC. 25. Either party may challenge the jurors, but when there are several parties on either side, they shall join in a challenge before it can be made, unless the court otherwise order or direct. The challenge shall be individual jurors, and shall either be peremptory or for cause. Each party shall be entitled to four peremptory challenges.

Challenges.

Causes of challenge.

Trial of challenge.

SEC. 26. Challenges for cause may be taken on one or more of the following grounds:

First, A want of any of the qualifications prescribed by statute, to render a person competent as a juror;

Second, Consanguinity or affinity, within the third degree to either party;

Third, Standing in the relation of debtor or creditor, guardian and ward, master and servant, employer and clerk, or principal and agent to either party, or being a member of the family of either party, or a partner united in business with either party, or being security on any bond or obligation for either party.

Fourth, Having served as a juror or been a witness in a previous trial between the same parties, for the same cause of action, or being then a witness therein;

Fifth, Interest on the part of the juror in the event of the action, or in the main question involved in the action, except the interest of the juror, as a member or citizen of a municipal corporation;

Sixth, Having formed or expressed an unqualified opinion or belief as to the merits of the action, or the main question involved therein, provided that the reading of newspaper accounts of the subject matter before the court, shall not disqualify the juror either for bias or opinion;

Seventh, The existence of a state of mind in the juror evincing enmity against, or bias to either party.

SEC. 27. Challenge for cause shall be tried by the court. The juror challenged, and any of the [other] persons may be examined witness on the trial of the challenge.

SEC. 28. This act to take effect, and be in force, on and after the first day of January, one thousand eight hundred and seventy. Approved, 7th December, 1869.

CHAPTER 70.

JURORS' REQUISITES.

AN ACT relating to Challenges to Jurors in Civil Cases.

Be it enacted by the Council and House of Representatives of the Ter.

ritory of Wyoming:

tory chaÍ

SECTION 1. That hereafter, in the trial of civil cases in the Three peremp district courts of this Territory, there shall be allowed three per- lenges. emptory challenges to each side.

SEC. 2. Challenges for cause to individual jurors, shall be challenges for allowed for any one of the following grounds:

First, Interest of the juror in the cause of action;

Second, Being related to either party by the ties of blood or marriage, within the third degree;

Third, Occupying the relation of guardian and [or] ward, or of master and [or] servant, or of employer and [or] clerk; or [of] principal and [or] agent to either party; or being a partner in business with either party; or being a member of the family of either party;

Fourth, The existence in the mind of the juor of enmity towards, or bias in favor of, either party;

Fifth, Having formed or expressed an unqualified opinion as to the merits of the controversy.

cause.

SEC. 3. All challenges for cause shall be tried by the court, and challenge,h'w the juror challenged, and any other person may be examined as tried. witnesses upon the trial of the challenge.

SEC. 4. All acts or parts of acts in conflict herewith, be and conflicting the same are hereby repealed.

acts repealed.

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

Approved, December 10, 1875.

AN ACT to Regulate the Qualification of Jurors in Criminal Cases.

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

SECTION 1. That hereafter in the trial of criminal cases in any Opinion based of the courts of this Territory it shall not be cause for challenge, per reports or

upon newspa

rumor, insum that a person called to act as a juror, has formed or expressed an opinion, as to the guilt or innocence of the accused, from newspaper reports, or rumor only: Provided, such person swear that he can impartially try the case according to the law and evidence. notwithstanding such opinion.

cient cause for challenge. Proviso.

In force.

SEC. 2. This act shall take effect, from and after its passage.
Approved, December 11, 1875.

CHAPTER 71.

JUSTICES' CODE.

AN ACT to Establish the Courts of, and Define the Jurisdiction of Justices of the Peace.

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

Civil Procedure―Jurisdiction of Justices of the Peace.

SECTION 1. The jurisdiction of justices of the peace, in all Jurisdiction cases, shall, unless otherwise directed by law, be limited to the limited toown counties wherein they shall reside.

counties.

SEC. 2. Justices of the peace, within and co-extensive with their Authority respective counties, shall have jurisdiction and authority:

given.

First, To administer an oath or affirmation authorized or Oaths, etc. required by law to be administered;

Second, To take the acknowledgment of deeds, mortgages, and Acknowledgother instruments of writing;

Third, To solemnize marriages;

ments.

Marriages.

Fourth, To issue subpoenas for witnesses, and coerce their Subpœnas, attendance in causes or matters pending before them, or other cause or matter wherein they may be required to take depositions;

Fifth, To try the action for forcible entry and detention, or Forcible entry detention only, of real property;

and detainer.

Sixth, To proceed against sureties for costs and amount of bail, Costs and bail. on the stay of execution on their dockets;

Executions.

Serenth, To issue attachments, and proceed against the goods Attachments. and effects of debtors in certain cases, as provided by law; Eighth, To issue executions on judgments rendered by them; Ninth, To try the right of the claimant to property taken in execution or on attachment;

contracts..

Tenth, Of an action arising on contract, expressed or implied, Actions on for the recovery of money only, if the sum claimed does not exceed one hundred dollars, whether the sum claimed be an original specified amount in a contract, or the balance of unadjusted accounts or claims between the parties;

Eleventh, Of an action for damages for an injury to the person, Trespass, etc. or for a trespass upon real property, or for taking, detaining, or injuring personal property, if the damages claimed do not exceed one hundred dollars;

Recovery of penalties.

Action upon bonds.

Instruments payable.

Not to enter judgment.

Civil actions.

Threlfth, Of an action for a penalty not exceeding one hundred dollars, given by the statutes.

Thirteenth, Of an action upon bonds, conditioned for the payment of money, where the amount claimed does not exceed one hundred dollars, though the penalty exceed that sum, the judg ment to be given for the sum actually due;

Fourteenth, An action may be brought upon any instrument payable in instalments, as each instalment becomes due, when such instrument and amount shall be within a justice's jurisdiction, as herein provided;

Fifteenth, To enter judgment on the confession of a defendant, when the amount does not exceed one hundred dollars.

Sixteenth, In all civil actions to be brought against a constable or sureties to his official undertakings, or against both, for the failOfficial neg- ure of any constable to pay over any money by him collected, to the party thereto entitled, or for any neglect of duty by such constable in his official capacity, when the sum sought to be recovered by the plaintiff in such action shall not exceed one hundred dollars.

lect, by constables.

Where jurlsdiction not possessed.

Justice's office where kept.

Attorneys not to practice.

General provisions.

SEC. 3. Justices of the peace shall not have cognizance of any action :

First, To recover damages for an assault, or assault and battery, where the damages exceed one hundred dollars;

Second, In actions for malicious prosecution;

Third, In actions against justices of the peace or other officers, for misconduct in office, except in cases provided in this act, or by other statutes;

Fourth, In actions for slander, verbal or written;

Fifth, In actions on contract pertaining to real estate, except leases, and those contracts coming within the forcible detainer act; Sixth, In actions for false imprisonment;

Seventh, In actions for libel, or criminal conversation, or seduction, or upon a promise to marry;

Eighth, Nor in actions in which the title to real estate is sought to be recovered, or may properly be drawn in question.

SEC. 4. Every justice of the peace shall keep his office in the precinct for which he may be elected, and not elsewhere, but he may issue process in any place in the county.

SEC. 5. No justice of the peace shall hold his office in the same room with a praticing attorney, unless such attorney shall be his law partner; and in that case, such partner shall not be permitted to appear, or practice as an attorney, in any case tried before such justice.

SEC. 6. Every justice of the peace in this Territory, after qualifying, is hereby authorized to hold his court for the trial of all actions of which jurisdiction is given him by law, and to hear, try, and determine the same according to law; and for that purpose, when no special provision is otherwise made by law, such court shall be vested with all the necessary powers which are possessed by courts of record in this Territory; and all laws of a general nature are to apply to such justice's court, so far as the same may be applicable, and not inconsistent with the provisions of this act.