the record or a transcript of the record, certified by the register, may be read as evidence in any court within this Territory without further proof thereof, but the effect of such evidence may be rebutted by other competent testimony. SEC. 16. When a deed or mortgage purports to be an absolute Absolute conconveyance in terms, but is made or intended to be made defensi- veyance. ble by force of a deed of defeasance, or other instrument for that purpose, the original conveyance shall not be thereby defeated or affected as against any person other than the maker of the defeasance, or his heirs or devisees, or persons having actual notice thereof, unless the instrument of defeasance shall have been recorded in the office of the register of deeds of the county where the lands lie. signment. SEC. 17. The recording of the assignment of a mortgage shall Recording asnot in itself, be deemed notice of such assignment to the mortgagor, his heirs or personal representatives, so as to invalidate any payment made by them or either of them to the mortgagee. chaser." SEC. 18. The term "purchaser," as used in this title, shall be Term “purconstrued to embrace every person to whom any estate or interest in real estate shall be conveyed for a valuable consideration, and also every assignee of a mortgage or lease, or other conditional estate. "con veyance." SEC. 19. The term " conveyance," as used in this title, shall be Term construed to embrace every instrument in writing by which any estate or interest in real estate is created, alienated, mortgaged or assigned, or by which the title to any real estate may be affected in law or equity, except wills, leases for a term not exceeding three years, and executing contracts for the sale or purchase of lands. torney. SEC. 20. The preceding section shall not be construed to extend Letter of atto a letter of attorney, or other instrument, containing a power to convey lands as agent or attorney for the owner of such lands, but every such letter or instrument and every executory contract for the sale or purchase of lands, when acknowledged or proved in the manner prescribed in this chapter, may be recorded by the register of deeds of any county in which the lands to which such persons or contract relates may be situated, and where so acknowledged or approved, and the record thereof when recorded, or a transcript of such record duly certified, may be read in evidence in the same manner and with like effect as a conveyance recorded in such county. SEC. 21. No letter of attorney or other instrument so recorded, Not revoked. shall be deemed to be revoked by any act of the party by whom it was executed, unless the instrument containing such revocation be also recorded in the same office in which the instrument containing the power was recorded. SEC. 22. A scroll or device used as a seal upon any deed of Scroll or deconveyance or other instrument whatever, whether intended to be vice, recorded or not, shall have the same force and effect as a seal attached thereto, or impressed thereon; but this section shall not be construed to apply to such official seals as are or may be provided by law. SEC. 23. All conveyances of real estate heretofore made and Conveyan e es made. heretofore acknowledged, or proved in accordance with the laws of this Tertory in force at the time of such making, and acknowledgment or proof, shall have the same force as evidence, and be recorded in the same manner and with like effect as conveyances executed and acknowledged in pursuance of this title. Discharge. Record of register of deeds. Recorded at full length. Mortgagee lia gor. SEC. 24. Any mortgage that has been, or hereafter may be recorded, may be discharged by an entry in the margin of the record thereof, signed by the mortgagee or his personal representative, or assignee acknowledging the satisfaction of the mortgage in the presence of the register of deeds or his deputy, who shall subscribe the same as a witness, and such entry shall have the same effect as a deed of release, duly acknowledged and recorded. SEC. 25. Any mortgage shall be discharged, upon the record thereof, by the register of deeds, in whose custody it shall be, whenever there shall be presented to him a certificate executed by the mortgagee, his personal representatives or assigns, acknowledged or proved, and certified as hereinbefore prescribed to entitle conveyances to be recorded, specifying that such mortgage has been paid or otherwise satisfied or discharged. SEC. 26. Every such certificate, and the proof or acknowledg ment thereof, shall be recorded at full length, and a reference shall be made to the book and page containing such record in the minute, in the discharge of such mortgage made by the register, upon the record thereof. SEC. 27. If any mortgagee or his personal representative, or ble to mortga- assignee, as the case may be, after a full performance of the condition of the mortgage, whether before or after the breach thereof. shall, for the space of seven days after being thereto requested. and after tender of his reasonable charges, refuses or neglects to discharge the same as provided in this title, or to execute and acknowledge a certificate of discharge or release thereof, he shall be liable to the mortgagor, his heirs, or assigns, in the sum of one hundred dollars damages, and also for all actual damages occasioned by such neglect or refusal, to be recovered in a civil action. In force. SEC. 28. This act shall take effect from and after its passage, and approval by the Governor. Approved, December 10th, 1869. NOTE.-Section 2 was amended to read as above, by act of Assembly, December 1st, 175, CHAPTER 4. APPROPRIATION. AN ACT Fixing the Compensation of the Officers not otherwise provided for, of the Be it enacted by the Council and House of Representatives" of the SECTION 1. That there shall be allowed to the officers of the compensaCouncil, not otherwise provided for, compensation as follows: of the Council. for the chaplain, the sum of five dollars per day; to the page, the sum of four dollars per day; to Luke Joyce, the sum of eighty dollars for services as janitor. tion of officers SEC. 2. There shall be allowed to the officers of the House of compensaRepresentatives, not otherwise provided for, compensation as fol- of the House. lows: for the chaplain, the sum of five dollars per day. of the Terri upon war SEC. 3. The certificate of the president of the Council, coun- To be paid out tersigned by the secretary of the Council, or of the speaker of torial treasury the House, countersigned by the chief clerk of the House, rants drawn. shall be sufficient authority for the Territorial auditor to draw warrants for the several amounts therein certified, in favor of the holder thereof, upon the Territorial treasurer, and upon presentation of such certificate, the said auditor is hereby required to draw such warrant, which shall be paid out of any funds in the Territorial treasury not otherwise appropriated. The certificate provided for in this section shall specify the number of days' service performed by the holder, and the rate per diem to which he is entitled by the provisions of this act. tion. SEC. 4. There is hereby appropriated out of any funds in the Appropria Territorial treasury, so much thereof as will be sufficient to pay the warrants herein provided for. tion for Al SEC. 5. That the sum of $843.10 principal, and $210.77 interest, Appropria be and the same is hereby apppropriated out of any funds in the bany county. Territorial treasury not otherwise appropriated, in favor of Albany county, to reimburse said county for moneys advanced by the same, in the transportation of prisoners from Laramie City to the House of Correction at Detroit, prior to the session of the Second Legislative Assembly of the Territory. SEC. 6. That the sum of three thousand four hundred and House of corthree dollars and thirty-six cents, or so much thereof as will be rection. sufficient, be and the same is hereby appropriated out of the Territorial treasury in favor of the House of Correction at Detroit, Territorial prisoners. Same. Transporti ng prisoners. Sheriff of Car Michigan, on account of money due said House for keeping SEC. 7. That the sum of eighteen hundred dollars, or so much SEC. 8. That the sum of twelve hundred dollars, or so much thereof as shall be sufficient, be and the same is hereby appropriated out of the Territorial treasury to pay for keeping Territorial prisoners now in the House of Correction at Detroit, Michigan, for the next two years. SEC. 9. That the sum of six thousand dollars, or so much thereof as shall be sufficient, be and the same is hereby appropriated out of the Territorial treasury to pay for keeping and transporting Territorial prisoners, in the penitentiary at Laramie City, in Albany county, for the next two years succeeding the passage of this act. SEC. 10. That the sum of three hundred and eighty-six dollars bon County. and twenty-five cents be, and the same is hereby appropriated out of the Territorial treasury for certificate of indebtedness, issued December, 1870, to S. Foote, former sherifi of Carbon county, for money expended by him in the transportation of John T. Bell and George Smith, Territorial prisoners, from said county to the House of Correction, at Detroit, Michigan. G. W. Ritter. Irrigation expenses. Code of civil procedure. Territorial treasurer. Money, how appropriated. Newspapers, SEC. 11. That the sum of one hundred and thirty dollars and interest from July 27th, 1871, be, and the same is hereby appropriated out of the Territorial treasury to pay certificate of indebtedness held by George W. Ritter. SEC. 12. The sum of one hundred and ten dollars is hereby appropriated out of the Territorial treasury to pay the quota of Wyoming, of the expenses of publishing the proceedings of the irrigation committee, convened at Denver, Colorado, on the 15th of October, 1873. SEC. 13. That the sum of seventy-five dollars is hereby appropriated out of the Territorial treasury to pay the expense incurred by the judiciary committee of the Council, in the preparation of a code of civil procedure. SEC. 14. That the sum of fifty dollars, or so much thereof as may be necessary, is hereby appropriated to reimburse the treasurer of this Territory, for money expended by said treasurer in the purchase of letter press, letter book, and other property purchased for said Territory. SEC. 15. That when the laws of this Territory fix the amount to be paid, in the absence of special appropriation, the auditor of this Territory is hereby authorized to issue warrants for such amounts as fast as they become due, and the treasurer of this Territory is hereby authorized to pay the same out of any funds of the Territory not otherwise appropriated. SEC. 16. That the sum of one hundred and fifty dollars, or so much thereof as may be necessary, is hereby appropriated to pay for newspapers, and other expenses incurred by the Council and House of Representatives. treasurer. SEC. 17. That the sum of fifty dollars per annum is hereby Auditor and appropriated to the auditor, and the sum of fifty dollars per annum is hereby appropriated to the Territorial treasurer, to be expended, if found necessary, for any of the purposes named in section seven, of title one, chapter twenty-three, of the laws of Wyoming. ditor and trea SEC. 18. That an amount of money sufficient to pay the Salaries of ausalaries of the treasurer and auditor for the ensuing two years, surer. is hereby appropriated and ordered paid when due. investigation. SEC. 19. That an amount of money sufficient to pay for clerk Committee of hire and other expenses incurred by the joint committee in the investigation of the accounts of the auditor and treasurer, is hereby appropriated and ordered paid on the joint certificate of the president of the Council and the speaker of the House of Representatives. the Territory. SEC. 20. That the sum of one hundred and fifty dollars per Ordnance of annum is hereby appropriated out of the Territorial treasury, to be paid as necessity may require, for the purpose of taking care of the ordnance of the Territory, and to defray other expenses that may hereafter be incurred in relation thereto, said sum of money to be expended under the authority and direction of the Governor of this Territory. SEC. 21. That the sum of sixty-two dollars and seventy P.H. McBride. cents is hereby appropriated out of the Territorial treasury, to reimburse P. H. McBride, for moneys paid out and to be paid out by him for railroad fare, to be paid on certificate of the president of the Council. SEC. 22. That a sum of money, sufficient to pay any expenses that may be incurred, as provided in chapter thirty of the laws of Wyoming, is hereby appropriated out of the Territorial treasury, and ordered paid. SEC. 23. The Territorial auditor is hereby authorized and required to draw warrants on the Territorial treasurer in favor of the persons mentioned in this act, as well as in favor of the proper authority in charge of the institutions herein mentioned, for the respective amounts hereinbefore appropriated to each, and said Treasurer is hereby required to pay said warrants ont of any funds in his hands not otherwise appropriated. SEC. 24. This act shall take effect, and be in force, on and after In force. its passage and approval. Approved December 12, 1873. |