When legisla ture shall con vene. AN ACT Fixing the Time for the Convening of the Council and House of Representatives Be it enacted by the Council and House of Representatives of the SECTION 1. That the legislature of the Territory of Wyoming shall convene at the capital of the Territory, on the first Tuesday of November, in the year one thousand eight hundred and seventy-one, and on the first Tuesday of November every second year thereafter. SEC. 2. This act shall take effect and be in force from and after its passage. Approved, December 10, 1869. CHAPTER 76. LICENSES. AN ACT concerning County Licenses. Be it enacted by the Council and House of Representatives of the Territory of Wyoming : SECTION 1. It shall be the duty of the sheriff of each county Duties of sherof this Territory to furnish all licenses, and collect all moneys for in. the same, as hereinafter provided, and if the sheriff of any county of this Territory shall knowingly permit any person subject to such license to conduct or carry on any branch of business, occupation or pursuit, without first obtaining such license, such sheriff shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided by law in the case of similar offenses. whom prepar SEC. 2. Licenses shall be prepared by the county clerk, which Licenses, by shall be delivered to the sheriff of the county wherein they shall ed and what be issued; and each license shall contain the name of the person to contain. and the character and place of business to be conducted under such license, and it shall be the duty of the county, clerk to affix his official signature, and the seal of the county, to such license, which license shall be countersigned by the county treasurer, or his deputy, before being issued by the sheriff; and all moneys collected under, and for, such license, shall be paid by the sheriff into the county treasury within fifteen days from the date of said license. SEC. 3. It shall be the duty of the county clerk to keep on Duties of clerk file in his office, and submit for the inspection of the county commissioners, at each of their regular sessions, a faithful and correct abstract, containing full information of all licenses so issued to the sheriff; and neglect to comply with the provisions of this Neglect,a missection shall be deemed a misdemeanor, and shall be punished as provided by law. demeanor. of SEC. 4. It shall be the duty of the county treasurer of each puties county to furnish to the county commissioners, at each of their treasurer, regular sessions, a full and complete statement of all moneys received for licenses issued as provided in the foregoing section of this act; failure or neglect on the part of the treasurer to comply Failure or with the provisions of this section, shall be deemed a misdemeanor, neglect, a mis and shall be punished as provided by law. demeanor. County fund. Who must have license. Liability and forfeiture. Corporations. Proviso. Spirituous li quors. Forfeiture. SEC. 5. All moneys collected for licenses, as provided for by this act, shall constitute a portion of, and be credited to, the general county fund. SEC. 6. No auctioneer, peddler, or other person or persons, company or corporation, shall be permitted to sell, vend, barter or retail, either at private sale or public auction, any goods, wares or merchandise, without first having obtained a license therefor, as herein before provided. SEC. 7. Any person found selling at auction, or peddling without a license, as provided for in section six of this act, shall be guilty of a misdemeanor; and the person so actually vending or peddling is liable, whether he be the owner of the goods or not, and, upon conviction thereof, shall forfeit and pay any sum not exceeding one hundred nor less than twenty dollars, into the county treasury where such conviction shall be had, or may be recovered by civil action in the name of the county prosecuting the same, which said sum may be collected as provided by law in criminal cases. SEC. 8. If any person or persons, company or corporation, shall, directly or indirectly, keep a store, or sell, vend or retail any goods, wares or merchandise, without being first duly authorized by license, as hereinbefore provided, the person or persons, company or corporation so offending, shall forfeit and pay any sum as provided in section seven of this act; Provided, This section shall not be construed to extend to the sale of goods, wares or merchandise by merchants who pay an annual tax upon merchandise assessed according to the revenue laws of this Territory, nor to persons who sell goods manufactured, or commodities produced by cultivation of the soil within this Territory; Provided, further, That the provisions of this act shall not apply to the products of the farm and dairy of any other State or Territory. SEC. 9. No person or persons in any county of this Territory shall be permitted to vend, sell, barter or dispose of, for pecuniary benefit or advantage, either directly or indirectly, in person or by agent or employe, any spirituous, malt or fermented liquors or wines, in less quantities than one quart, without first obtaining a license or permit therefor, as provided for in this act; and any person or persons found dealing in liquors, as aforesaid, without having first obtained a license therefor, shall forfeit and pay the sum double the amount of such license for three months, for each and every offense, together with costs of suit. One-half of said fine shall be paid by the court receiving such fine, to the person giving the information,the remaining half to be paid into the county treasury, and shall be credited to the general county fund; Provided further, That all persons engaged in selling liquors by the barrel, case, or in the original package, and not in quantities of less than one quart, shall pay an annual county license therefor of forty dollars. SEC. 10. License granted for retailing liquors, as provided in stricted to one this act, shall not authorize the persons obtaining the, license to vend, sell, barter or dispose of such liquors, in more than one place or house, and such place and house shall be fully described in such license: Prorided, That the licensee shall be entitled to retail Proviso. Licenses re liquors in two or more places by paying a license for each place where such business is conducted. SEC. 11. Whenever any person or persons, having a retail Forfeiture for liquor license, shall suffer or permit any disorder, disturbance of disorder. the public peace, drunkenness, or unlawful games or practices, or violations of any law whatsoever, in his, her or their house or place for which such license shall be granted, such person or persons shall forfeit said license, and such license shall not be renewed for three months thereafter. SEC. 12. No person or persons, company or corporation, shall be Theatre, cirpermitted to open any theatre, circus, menagerie or caravan, or to give any exhibition or entertainment of serenaders, minstrels, or opera or concert singers, or show of figures, or wire or rope performances, or sleight of hand performances, or other exhibitions License for all or performances not herein enumerated, for hire, or where an exhibitions. entrance fee is charged or collected, without first obtaining a license therefor, as provided in this act; Provided, No license shall be Proviso. required for any concert, fair, festival or other entertainment opened, held or given exclusively for the benefit of any church built, or to be built, within this Territory, nor for any exhibition or performance of a literary character; Prorided, however, That the shall not approvisions of this section shall not apply to any fair, or exposition, Ply, ete. held under the direction or management of the officers of any. agricultural or industrial society, duly organized, on any enclosed grounds, owned, controlled or occupied by such society for that purpose, nor to any horse race, or trot, upon such grounds, or within any park, fair ground or inclosure, within this Territory, including the enclosed grounds known and designated as "Emery Park," near Cheyenne, in Laramie county." SEC. 13. No person or persons, company or corporation shall Lotteries, be permitted to open or establish any "wheel of fortune," gift enterprise or scheme of any character, whereby prizes, premiums, or any thing or representative of value are offered, advertised or represented to be drawn, paid, given or distributed by chance, without first paying to the sheriff of the county one hundred dollars for a quarterly license therefor; Provided, That no license, as Proviso. provided in this act, shall be issued for less than three months. etc. SEC. 14. Any person or persons, owning or keeping a billiard Billiard tabl's, table, or table not exclusively for private use of the owner or of his bowling alleys, family, shall be required to pay a license of five dollars per quarter year on each such table so owned or kept; for each nine, or ten pin, or bowling alley, the owner, lessee or manager thereof, shall be required to pay a license of ten dollars per quarter year; each pawnbroker shall be required to pay a license of twenty-five dollars per quarter year, and each keeper of an intelligence office shall be required to pay a license of fifteen dollars per quarter year; the license money provided for in this section to be collected as provided for other licenses in this act. tion of SEC. 15. Every magistrate or other officer, to whom any fines Fines, disposi imposed by this act shall be paid for the use of the county, shall, at each regular meeting of the board of county commissioners, make a report of the total amount so collected, and all fines so collected shall be paid into the county treasury for the credit of Officers refus the general county fund, within thirty days after collection thereof. SEC. 16. Any magistrate or other officer neglecting, omitting ing to comply or refusing to comply with the provisions of section fifteen of this act, shall be guilty of a misdemeanor, and shall be punished as provided by law. Prosecutors may be witnesses. Penalti's, how recovered. Licenses returned. Peddlers, auctioneers, etc. sell Persons exhibitions, amount of. Proviso. SEC. 17. Persons prosecuting or giving information under the provisions of this act, may be competent witnesses on the trial thereof, notwithstanding their interest in the penalty to be recovered. SEC. 18. Penalties incurred by a violation of the provisions of this act, may be recovered by action of debt in the name of the county prosecuting the same, or by indictment or complaint in the name of the people of the Territory of Wyoming. SEC. 19. If any sheriff fail, from causes not within his control, to collect the amount payable on any license issued as provided in section one of this act, after such license has been issued, such license shall be returned to the county treasurer within twenty days after the issuance thereof, and it shall be the duty of said county treasurer to note the fact of such failure to collect, and to return the license to the office of the county clerk at the next regular session of the board of county commissioners; said license shall be canceled or destroyed by said board of commissioners. SEC. 20. Peddlers shall pay a license of twenty-five dollars per month; auctioneers permanently located, and other persons, as provided in sections six and seven of the act to which this act is an amendment, shall pay a county license of five dollars per month; all other auctioneers shall pay a county license of twentyfive dollars per month. SEC. 21. Any person or persons selling liquors, as provided in section nine of this act, shall pay an annual license of one hundred dollars for such privilege; which shall be payable quarter yearly; Provided, That all persons engaged in retailing liquors as aforesaid, in connection with hotel or eating accommodations and entertainment for travelers, at any point distant ten mile3 or more from the limits or boundaries of any city, town, village or railway station, within this Territory, shall not be required to pay an annual license of more than fifty dollars. License for SEC. 22. Any person or persons, company or corporation. opening any exhibition as provided in section twelve of this act, shall be required to pay a license of not more than fifty, nor less than ten dollars for each day of such exhibition; Provided, That any resident property owner or tax-payer of this Territory, owning or occupying any building in which any of the performances. enumerated in section twelve of this act, may be given, shall only be required to pay a quarter yearly license of twenty-five dollars for all performances which may be given in any such building. In force. SEC. 23. This act shall take effect and be in force on and after its passage. Approved, December 9th, 1869. [NOTE.-Sections 7, 8, 9, 12, 15, 18, 21 and 22 were amen led to read as above by act of Dee, 16, 1871. Section 14 was amended, as above, by act of Dec. 5. 1873, Section 12 was amended by the addition of the 2nd proviso, as above, by act of Dec. 13th, 1875, Section 2D was substituted, as above, by act of Dec. 1st, 1875.-COMPILERS.] |