CHAPTER 104. SEAT OF GOVERNMENT. AN ACT to Establish the Seat of Government of Wyoming Territory. Be it enacted by the Council and House of Representatives of the Terri tory of Wyoming: meat. SECTION 1. The seat of government for the Territory of Wyo- Seat of govern ming is hereby located and established at the city of Cheyenne, in the county of Laramie, in said Territory. SEC. 2. This act shall take effect and be in force from and after CHAPTER 105. Who to have a brand. Another person's brand. When stock to be branded. Brand already recorded, pen STOCK LAWS. AN ACT Concerning Marks and Brands for Stock in Wyoming Territory. Be it enacted by the Council and House of Representatives of the SECTION 1. Every person having cattle, hogs, sheep, or other live stock, shall have a mark or brand, different from the mark or brand of his neighbors, and he or she shall deliver to the county clerk a description of their mark or brand, and such clerk shall record the same in a well bound book kept by him for that purpose. SEC. 2. No person shall have, or adopt a mark or brand previously recorded to another person of the same county, neither shall the county clerk record the same mark or brand to more than one person. SEC. 3. Every person shall mark or brand all his hogs, sheep, cattle, or other stock over six months old, and if any dispute arise about the question of whose mark or brand, [any particular mark or brand], may be, the same shall be decided by the county clerk's record. SEC. 4. If any person shall, knowingly or willingly, have a alty for record mark or brand recorded which is already recorded to another person in the same county, he shall be fined not less than fifty dollars nor more than one hundred dollars. ing. County clerk not to record same SEC. 5. If any county clerk shall record the same mark or brand brand to more than one person, he shall forfeit and pay to the use more than of the county a fine of not less than fifty nor more than one hun once. Misbranding. In force. dred dollars. SEC. 6. Every person who shall wilfully, and with intent to defraud, mis-braud or mis-mark any stock not his own, shall forfeit and pay not less than fifty and not to exceed one hundred dollars, and shall be imprisoned in the county jail where said act is committed not to exceed six months, nor less than one month. SEC. 7. This act shall take effect and be in force from and after its passage. Approved, November 24, 1869. AN ACT for the Protection of Stock in Wyoming Territory, and to Punish Certain Be it enacted by the Corneil and House of Representatives of the Terri- SECTION 1. Any person who shall steal, embezzle, or knowingly Cattle theft. kill, sell, drive away, lead away, ride away, or in any manner deprive another of the immediate possession of any neat cattle, horse, goat, sheep, mule, ass or swine; any person who shall steal, embezzle, or knowingly kill, sell, drive away, lead away, ride away, or in any manner apply to his own use, any neat cattle, horse, goat, sheep, mule, ass or swine, the owner of which is unknown; any person who shall knowingly purchase or receive of any person not having the lawful right to sell or dispose of the same, any neat cattle, horse, goat, sheep, mule, ass or swine, shall be deemed guilty of a felony, and, on conviction in a court of com- Punishment. petent jurisdiction, shall be punished by imprisonment not exceeding ten years, and fined not exceeding five thousand dollars, at the discretion of the court. detined. marks. and SEC. 2. Every person who shall keep neat cattle, horses, mules, Stock grower, sheep or goats for their growth or increase, within the Territory, shall be deemed a stock grower; and every stock grower shall have a brand or mark, or both, which he shall cause to be recorded Brands in the office of the clerk of each of the counties where he may keep any of the live stock enumerated, and shall cause all such live stock over one year of age to be distinctly branded or marked; Provided, That no stock grower shall adopt a mark or brand of another; neither shall the county clerk record the same brand to more than one person; Provided, That nothing in this proviso Proviso. shall prevent one person from adopting the brand of another and causing the same to be recorded, after purchase of such brand, and record of bill of sale of such purchaser; And provided further, If any stock grower or other person shall intentionally do any act prohibited by this section, or refuse or intentionally neglect to do any act herein required, he shall forfeit and pay to the county a fine not exceeding one hundred dollars. penalty. SEC. 3. Any person who shall, with intent to defraud, brand Mismarking. or misbrand, mark or mismark, any neat cattle, horse, sheep, goat, ass or mule not his own; any person who shall intentionally brand over a previous brand, or in any manner deface or obliterate a previous brand, or shall cut out or obliterate a previous mark on any neat cattle, horse, sheep, goat, ass or mule, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine not exceeding five hundred dollars, or imprisonment not exceeding five years, or both, in the discretion of the court. definition of. SEC. 4. Any person who shall drive or bring neat cattle to or Cattle drover, through this Territory shall be deemed a cattle drover; and every cattle drover who shall neglect or fail to distinctly brand all neat cattle before driving them over any portion of this Territory, or any cattle drover who shall fail or neglect to carefully examine his herd of neat cattle, after driving them over any portion of this Territory, and separate and drive away from his herd all neat cattle not branded with his brand, shall be deemed guilty of a mis Penalty for demeanor, and, on conviction, shall pay a fine to the county not exceeding one hundred dollars. a failure to brand. from punishable. Driving cattle SEC. 5. Any cattle drover or other person who shall drive any range, neat cattle of another intentionally, or through neglect, off the range where such cattle are accustomed to graze and feed, shall, on conviction, pay a fine not exceeding one hundred dollars, onehalf of which shall be paid to the person or persons aggrieved. SEC. 6. Any cattle drover who shall stop and keep a herd of neat cattle within three miles of the ranch of any stock grower of this Territory for exceeding the space of two days, shall forfeit and pay to the county the sum of one hundred dollars. SEC. 7. In any indictment or complaint under this act, the description of any kind or class of neat cattle shall be deemed sufficient, if described as cattle, and for the purpose of this act, the proof of brand shall be deemed sufficient to identify all classes of live stock mentioned in this act, and shall be prima facie evidence of ownership of such stock. SEC. 8. All acts, and parts of acts inconsistent and repugnant to this act are hereby repealed. Approved, 9th December, 1871. [NOTE.-The first proviso of section 2 of the foregoing act was amended to read as above, and the second proviso inserted, by act, approved December 5th, 1873.—COMPILERS.] AN ACT Regulating the Branding. Herding and Care of Stock. Be it ennoted by the Council and House of Representatives of the Territory of Wyoming : SECTION 1. That no mustang or other inferior stallion, over the age of eighteen months, nor any Texan, Mexican, or Cherokee bull, or other inferior bull, over the age of ten (10) months; nor any Mexican or other inferior ram, over the age of eight (8) months, shall be permitted to run at large in the Territory of Wyoming, nor shall any stallion over the age of eighteen (18) months, be permitted to run at large in the said Territory, within five (5) miles of any city, town or village; the owner, or person in charge of such animal or animals, as are prohibited from running at large by this section, who shall permit such animal or animals to run at large, may be fined for each offense not less than fifty (50) dollars, nor more than two hundred (200) dollars, and it shall be lawful for any stock grower to castrate, or cause to be castrated, any such animal found running at large; Provided, That if any person shall castrate any stallion, bull or ram, and it shall, on proper evidence, before any competent court, be proven to the satisfaction of said court, that such animal was not of a class of stock prohibited from running at large by this act, said person shall be liable for damages to the amount of treble the value of said animal, so castrated, and costs of suit; Provided, also, That for the purposes of this act, that any stallion possessing one-quarter mustang blood, shall be deemed a mustang stallion; any bull possessing one-quarter Texan, Mexican or Cherokee blood, shall be deemed a Texan, Mexican or Cherokee bull, as the case may be; and any ram possessing one-quarter Mexican blood, shall be deemed a Mexican ram; Provided, That this section shall not be construed to apply to the county of Uinta. mit the mix SEC. 2. Any person owning, or having charge of any drove shall not perof cattle, horses or sheep, numbering twenty (20) head, or more ing of stock. than, that number, in any such drove of cattle, horses or sheep, and shall drive the same into, or through any county of Wyoming, of which the owner is not a resident or land owner or stock grower, and when the land in said county is already occupied and improved by settlers on ranches, it shall be the duty of said owner, or person in charge of said cattle, horses or sheep, to prevent the same from mixing with the cattle, horses or sheep, belonging to actual settlers, and also to prevent said drove of cattle, horses or sheep, from trespassing on such land as may be the property of the actual settler, and used by him for the grazing of animals, or growing of hay or timber; or of doing injury to the ditches made for the irrigation of crops. If any owner or owners, or person in charge of any such drove of cattle, horses or sheep, shall wilfully injure any resident in the Territory, by driving said drove of cattle, horses or sheep from the public highways, and herding the same on the lands occupied and improved by settlers in possession of the same, it shall constitute a misdemeanor, and shall be punished Penalty. by a fine of not less than twenty (20) dollars, nor more than one hundred (100) dollars, at the discretion of the court, and render the owner or owners, or person in charge of the drove of cattle, horses or sheep, liable for such damages as may be done to the property of said settler. stock SEC. 3. When the stock of any person shall be driven off its Driving off range within Wyoming, against his will, by the drovers of any drove, and the same shall be found among such drove, every person engaged as drover shall be liable to indictment for larceny, and may be fined in any sum not exceeding one thousand (1,000) dollars, and shall be liable for damages to the party injured, to the amount of two hundred (200) dollars, for each head so driven off, together with all costs accruing in the trial of said cause, and said herd or stock, shall be held liable for the same, or a sufficient number to cover all damages and costs. SEC. 4. When the stock of any resident of the Territory of Wyoming, shall intermix with any drove of any animals, it shall be the duty of the drover or drovers, or person in charge of such drove, to cut out and separate such stock from said droves immediately; every person, either owner, drover or otherwise, connected with said drove, who shall neglect to comply with the provisions of this section, shall be fined in any sum not exceeding one thous- Penalty. and (1,000) dollars, and shall be liable to indictment for larceny. into other SEC. 5. When any person not a stock grower in this Territory, Driving stock shall drive any stock into a county of the Territory for the pur- counties. pose of grazing therein, at any time previous to the last day of December in any year, it shall be liable to be assessed for all taxes leviable in that county for that year, the same as it had been in the county at the time of the annual assessment; and it shall be lawful for the proper officers to assess and collect the same, at any time after the annual time of assessment and collection of taxes, Provided, That if such stock shall be assessed and taxed at the |