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ELECTION, 


LAWS 


OF 


WYOMING  TERRITORY. 


Published  by  authority  of  the 

FOURTH  LEGISLATIVE  A SSEMBLY. 


CHEYENNE,  WYO. 

LEADER  STEAM  BOOK  AND  JOB  PRINT. 

1876. 


ELECTION 


Assessment,  «  School 

LAWS  of  WYOMING. 


ELECTIONS. 

An  Act  to  Provide  for  Elections,  the  Manner  of  Conducting  the  Same  and  for  Other 

Purposes. 

Be  it  Enacted  by  the  Council  and  House  of  Representatives  of  the  Terri¬ 
tory  of  Wyoming ,  as  follows.: 

TITLE  I. 

Section  1.  There  shall  he  held  in  the  several  precincts  or  wards 
in  this  Territory,  a  general  election  on  the  first  Tuesday  in  Sep¬ 
tember  [Altered  by  Act  of  Dec.  11  th,  1875.  Vide  first  section  of  follow¬ 
ing  act.  ]  in  each  year  hereafter,  at  which  time  there  shall 
he  chosen  so  many  of  the  following  officers,  as  are  by  law,  to 
be  elected  in  such  year,  that  is  to  say  :  delegate  to  congress,  (who 
shall  be  elected  at  the  first  general  election.)  Members  of  the 
council  and  house  of  representatives,  who  shall  not  be  elected  until 
the  general  election  in  the  year  one  thousand  eight  hundred  and 
seventy-one,  (except  to  fill  a  vacancy;)  sheriff,  probate  judge, 
county  superintendent  of  schools,  county  clerk,  prosecuting  attor¬ 
ney,  three  county  commissioners,  assessor,  county  surveyor,  and 
coroner,  justices  of  the  peace  and  constables,  as  shall  be  provided 
by  law,  including  all  other  county  officers  or  Territorial,  as  shall  be 
provided  by  law. 

Sec.  2.  Special  elections  may  be  held  in  the  following  cases, 

and  for  the  election  of  the  following  officers : 

_  * 

First ,  When  there  has  been  no  choice  at  the  general  election,  of 
a  delegate  to  congress,  members  of  the  council  or  house  of  repre¬ 
sentatives,  or  any  county  officers  who  should  properly  have  been 
chosen  at  such  general  election  ; 

Second,  When  the  rights  of  a  person  elected  to  the  office  of  mem¬ 
ber  of  the  council,  member  of  the  house  of  representatives,  or 
either  of  the  said  county  offices,  shall  cease,  by  death  or  other¬ 
wise,  before  the  commencement  of  the  term  of  service  for  which 
he  shall  have  been  elected ; 


o 


ELECTIONS. 


Third ,  When  a  vacancy  shall  occur  in  either  of  said  county 
offices,  after  the  commencement  of  the  term  of.  service,  and  more 
than  three  months  before  the  next  general  election ; 

Fourth ,  When  a  vacancy  occurs  in  the  office  of  members  of  the 
council,  or  members  of  the  house  of  representatives,  after  the  gen¬ 
eral  election,  and  before  the  meeting  of  the  legislative  assembly. 

Sec.  8.  A  vacancy  in  either  of  the  offices  named  in  the  second 
section  of  this  act,  which  shall  not  have  been  supplied  by  an  elec¬ 
tion,  before  the  general  election  next  succeeding  the  happening 
thereof,  may  be  supplied  at  such  election. 

Sec.  4.  Special  elections  shall  be  conducted,  and  the  results 
thereof  canvassed  and  certified,  in  all  respects,  as  near  as  practi¬ 
cable,  in  like  manner  as  general  elections,  except  as  otherwise 
directed ;  and  no  special  election  shall  be  held  within  ninety  days 
preceding  a  general  election. 


Sec.  5.  All  general  and  special  elections  shall  be  held  at  the 
place  in  each  precinct  or  district  where  the  last  election  was  held, 
or  at  such  other  place  therein  as  shall  have  been  ordered  by  the 
board  of  county  commissioners ;  Provided ,  Nothing  in  this  act 
shall  prevent  the  holding  of  two  or  more  polls  in  one  precinct  or 
district  when  the  same  shall  be  ordered  by  the  commissioners. 


Sec.  6.  Whenever  it  shall  become  impossible  or  inconvenient 
to  hold  an  election  at  the  place  designated  therefor,  the  judges  of 
election,  after  having  assembled  at,  or  as  near  as  practicable  to, 
such  place,  and  before  receiving  any  vote,  may  adjourn  to  the 
nearest  convenient  place  for  holding  the  election,  and  at  such 
adjourned  place,  forthwith  proceed  with  the  election. 

Sec.  7.  Upon  adjourning  any  election,  as  provided  in  the  pre¬ 
ceding  section,  the  judges  shall  cause  proclamation  thereof  to  be 
made,  and  shall  station  a  constable,  or  some  other  proper  person, 
at  the  place  where  the  adjournment  was  made,  to  notify  all  electors 
arriving  at  such  place,  of  the  adjournment  and  the  place  to  which 
it  was  made. 


Sec.  8.  The  secretary  of  the  Territory  shall,  between  the  first 
day  of  July  and  the  fifteenth  day  of  the  same  month  in  each  year, 
in  which  a  delegate  to  congress,  or  any  other  Territorial  officer 
is  to  be  elected  for  a  full  term,  make  out  and  cause  to  be  deliv¬ 
ered  to  the  sheriff*  of  each  county,  a  notice  in  writing,  stating  that  at 
the  next  general  election,  the  before  mentioned  Territorial  officers 
are  to  be  elected,  or  so  many  of  such  officers  as  arc  then  to  be 
chosen. 


Sec.  9.  If  any  vacancy  shall  exist  in  the  office  of  delegate  to 
congress,  or  any  other  Territorial  office,  proper  to  be  supplied  at 
the  ensuing  general  election,  one  month  before  such  election, 
the  secretary  of  the  Territory  shall  give  notice  in  writing  to  the 


ELECTIONS. 


o 

o 


she  rift  of  eaeli  county,  specifying  the  cause  of  such  vacancy,  the 
name  of  the  officer  in  whose  office  it  occurred,  and  the  time  when 
his  term  of  office  would  have  expired. 

Sec.  10.  The  secretary  of  the  Territory  shall,  between  the  first 
day  ot  July  and  the  fifteenth  day  of  the  same  month  in  each  year, 
in  which  the  official  term  of  any  member  of  the  council  or  mem¬ 
ber  of  the  house  of  representatives  shall  expire,  make  out  and 
cause  to  be  delivered  to  [the]  sheriff  of  each  county  comprising 
such  district,  or  to  the  sheriff  of  each  county  which  shall  form  a 
part  thereof,  a  notice  in  writing,  specifying  the  number  of  the 
district,  and  the  name  of  the  member  or  members,  whose  term  of 
office  will  so  expire. 

Sec.  11.  All  special  elections  for  county  officers,  and  the 
filling  of  all  vacancies  at  a  general  election,  shall  be  ordered 
by  the  county  commissioners,  which  order  shall  be  countersigned 
by  the  clerk  of  the  board  of  county  commissioners;  in  all  other 
cases  of  special  elections,  they  shall  be  called  [by]  the  governor. 


Sec.  12.  Every  order  or  writ  issued  for  a  special  election,  shall 
specify  the  county  or  district  in  which  such  election  is  to  be  held, 
how  the  vacanev  occurred,  the  name  of  the  officer  in  whose  office 
it  occurred,  the  time  when  his  term  of  office  would  have  expired, 
and  the  day  on  which  such  election  is  to  be  held,  which  shall  not 
be  less  than  twenty  nor  more  than  forty  days  from  the  date  of  the 
order  or  writ ;  and  the  same  shall  be  forthwith  delivered  to  the 
sheriff  of  the  proper  county,  or,  in  case  of  a  vacancy  in  a  district 
composed  of  more  than  one  county,  then  to  the  sheriff  of  each 
county  in  such  district. 


Sec.  13.  County  commissioners  of  the  several  counties  in  this 
Territory  are  hereby  authorized  to  divide  their  respective  counties 
into  as  many  election  precincts,  for  all  general  and  special  elec¬ 
tions,  as  they  may  think  expedient  for  the  convenience  of  the 
voters  of  said  county;  and  to  appoint  as  many  sets  of  judges  of 
elections  to  receive  votes  at  the  county  seats,  as  they  may  think 
necessary ;  and  shall  designate  the  house  or  place  in  such  pre¬ 
cinct,  and  in  the  precinct  including  the  county  seat,  the  house  or 
houses,  the  place,  or  places,  at  which  elections  are  to  be  holden; 
and  the  precincts  and  places  of  holding  elections  so  established, 
shall  so  remain  until  changed  by  the  board  of  county  commis¬ 
sioners;  Provided  always,  That  it  shall  be  the  duty  of  the  county 
commissioners,  at  any  time,  to  change  any  place  of  holding  elec¬ 
tions,  upon  a  petition  of  a  majority  of  voters  residing  within  said 
precinct. 

Sec.  14.  The  board  of  county  commissioners  shall  respectively, 
at  the  last  session  preceding  any  election,  appoint  three  capable  and 
discreet  persons,  possessing  the  qualifications  of  electors,  to  act  as 


4 


ELECTIONS. 


judges  of  the  election  in  each  election  precinct;  and  the  clerk  of 
said  board  shall  make  out  and  deliver  to  the  sheriff  of  the  county, 
immediately  after  the  appointment  of  said  judges,  a  notice  in 
writing,  directed  to  the  judges  so  appointed ;  and  it  shall  be  the 
duty  of  said  sheriff,  within  twenty  days  after  the  receipt  of  said 
notice,  to  serve  said  notice  upon  each  of  the  said  judges  of  the 
election. 

Sec.  15.  The  said  judges  of  the  election  shall  choose  two  per¬ 
sons  having  similar  qualifications  with  themselves,  to  act  as  clerks 
of  the  election.  The  said  judges  of  the  election  shall  he,  and 
continue  judges  of  all  elections  of  officers  to  be  held  within  their 
precinct,  for  one  year,  and  until  other  judges  shall  he  appointed, 
as  hereinbefore  directed,  and  the  said  clerks  of  election  may  con¬ 
tinue  to  act  as  such  during  the  pleasure  of  the  judges  of  the 
election. 

Sec.  16.  If  any  person  appointed  to  act  as  a  judge  of  the  elec¬ 
tion,  as  aforesaid,  shall  neglect  or  refuse  to  be  sworn  or  affirmed 
to  act  in  such  capacity,  the  place  of  such  person  shall  be  filled  by 
the  votes  of  such  qualified  voters  residing  within  the  precinct,  as 
may  then  be  present  at  the  place  of  election,  and  the  person  or 
persons  so  elected  or  nominated  to  fill  such  vacancy  or  vacancies, 
shall  be,  and  are  hereby  vested  with  the  same  power  as  if  appointed 
by  the  board  of  county  commissioners. 

Sec.  17.  The  clerks  of  election  shall,  before  they  enter  upon 
the  duties  of  their  office,  take  a  like  oath  as  hereinafter  required 
of  judges  of  election.  The  oath  of  both  judges  and  clerks  to 
be  written  out  in  full,  and  signed  by  such  judges  and  clerks,  and 
subscribed  by  the  officer  or  person  administrating  the  oath. 

TITLE  II. 

Sec.  18.  That  every  male  person  above  the  age  of  twenty-one 
years,  who  shall  have  been  a  resident  of  this  Territory  ninety  days 
prior  to  any  election,  and  who  is  a  citizen  of  the  United  States,  or 
have  declared  on  oath  before  a  competent  court  of  record,  their 
intention  to  become  such,  and  have  taken  an  oath  to  support  the 
constitution  and  government  of  the  United  States,  shall  be  entitled 
to  vote ;  and  be  eligible  to  any  office  within  said  Territory. 

[See  Chapter  50,  “Female  Suffrage.”] 

Sec.  19.  No  person  under  guardianship,  non  compos  mentis ,  or 
insane,  shall  be  qualified  to  vote  at  any  election;  nor  shall  any 
person  convicted  of  treason,  felony,  or  bribery,  unless  restored  to 
civil  rights;  nor  shall  any  person  who  shall  have  made,  or  become, 
either  directly  or  indirectly,  interested  in,  any  bet,  or  wager’ 
depending  upon  the  result  of  any  election  at  which  he  shall  offer 
to  vote,  be  permitted  to  vote  at  such  election. 


ELECTIONS. 


o 


Sec.  20.  At  all  general  or  special  elections  held  in  the  Terri¬ 
tory  of  Wyoming,  where  the  judges  provided  by  law,  or  some  of 
them,  are  absent,  the  electors  present  at  the  polls  of  any  election 
at  the  ‘hour  of  nine  o’clock,  in  the  forenoon,  shall  proceed  by  viva 
voce  vote  to  elect  persons  qualified  as  voters  at  such  election  to 
fill  any  vacancy  to  serve  as  judges  of  election,  who,  whether 
appointed  by  the  commissioners,  or  elected,  shall  then  and  there 
severally  take  the  following  oath  :  “I,  A,  B,  do  solemnly  swear, 

(or  affirm)  that  I  will  impartially,  and  to  the  best  of  my  knowledge 
and  ability,  perform  the  duties  of  judge  of  this  election,  and  will 
studiously  endeavor  to  prevent  all  frauds,  deceit  and  abuse  in  con¬ 
ducting  the  same.”  Such  oath  may  be  taken  before  any  justice 
of  the  peace,  or  other  person  authorized  to  administer  oaths;  but 
if  no  person  authorized  to  administer  an  oath  he  present,  then 
such  judges  shall  administer  the  oath  to  each  other,  with  like 
effect  in  all  proceedings,  both  civil  and  criminal,  as  though  the 
oath  had  been  administered  by  a  person  authorized  to  administer 
oaths  independent  of  this  act. 

Sec.  21.  At  all  elections,  a  poll  shall  be  opened  at  the  place 
of  election  in  each  precinct.  Such  polls  shall  he  opened  as  soon 
after  nine  o’clock  in  the  forenoon  as  possible,  and  be  kept  open 
until  sundown  without  adjournment.  Proclamation  shall  be  made 
of  the  closing  of  the  polls  one-half  hour  before  the  closing  thereof. 

Sec.  22.  The  judges  of  election  shall  appoint  some  constable 
present  (if  there  shall  be  one)  to  preserve  order  at  and  about  the 
polls.  If  no  officer  be  in  attendance,  the  judges  of  the  election 
may  appoint  one  specially  by  a  written  appointment,  and  he  shall 
have  all  the  powers  of  a  regular  constable,  and  be  obeyed  as  such. 

Sec.  23.  If  any  person  conducts  himself  in  a  noisy,  riotous  or 
tumultuous  manner,  at  or  about  the  polls,  so  as  to  disturb  the  elec¬ 
tion,  or  insults  or  abuses  the  judges  or  clerks  of  election,  or  any 
voter  in  exercising  his  right  of  suffrage,  it  shall  be  the  duty  of  the 
officer  present  forthwith  to  arrest  such  offending  person  or  persons, 
and  take  him  or  them  before  some  justice  of  the  peace,  if  there 
shall  he  one  in  the  same  village,  camp  or  city,  or  if  there  is  no 
justice  of  the  peace  at  such  place,  then  before  the  judges  of  elec¬ 
tion,  and  they  are  authorized,  by  a  warrant  under  their  hands,  or 
a  majority  of  them,  to  commit  such  offender  to  the  jail  of  the 
county  for  a  term  not  exceeding  twenty-four  hours.  If  such 
offender  be  taken  before  a  justice,  he  shall  be  dealt  with  as  one 
guilty  of  a  breach  of  the  peace,  and  punished  accordingly;  but  in 
all  cases,  such  offender,  if  qualified,  shall  be  allowed  to  vote  before 
being  committed,  if  he  then  desires  to  do  so. 

Sec.  24.  The  names  of  all  persons  voted  for  by  any  elector  at 
any  general  or  special  election,  shall  be  on  one  ballot. 

Sec.  25.  Every  elector  shall  vote  by  ballot,  and  each  person 


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ELECTIONS. 


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offering  to  vote  shall  deliver  liis  ballot  to  one  of  the  judges  ot 
election  in  the  presence  of  the  others.  The  ballot  shall  be  a  paper 
slip  upon  which  shall  he  written  or  printed,  or  partly  written  or 
partly  printed,  the  names  of  persons  for  whom  the  elector  intends 
to  vote,  and  shall  designate  the  office  to  which  each  person  so 
named  is  intended  by  him  to  he  chosen ;  but  no  ballot  shall  contain 
a  greater  number  of  names  of  persons  designated  to  any  office, 
than  there  are  persons  to  be  chosen  at  the  election  to  till  such 
office. 

Sec.  26.  It  shall  he  lawful  for  any  elector  to  vote  for  delegate 
to  congress,  at  any  place  of  holding  election  in  the  Territory. 
For  all  other  officers,  electors  must  vote  in  the  precinct  where 
they  reside  at  the  time  of  such  election. 

Sec.  27.  If  any  person  offering  to  vote  shall  he  challenged  as 
unqualified  by  the  judges  or  clerks  of  election,  or  by  any  other 
person  entitled  to  vote  at  the  same  polls,  the  judges  shall  declare 
to  the  person  so  challenged  the  qualification  of  voters ;  if  such 
person  shall  then  state  himself  duly  qualified  and  the  challenge  he 
not  withdrawn,  one  of  the  judges  shall  then  tender  to  him  the 
following  oath:  “You  do  solemnly  swear  (or  affirm)  that  you -are 
twenty-one  years  of  age;  that  you  are  a  citizen  of  the  United  States 
(or  that  you  have  declared  your  intention  to  become  a  citizen,  con- 
formably  to  the  laws  of  the  United  States  on  the  subject  of 
naturalization);  that  you  have  resided  in  this  Territory  ninety  days 
next  .preceding  this  election;  that  you  have  not  voted  at  this 
election.” 

Sec.  28.  If  any  person  so  ottering  to  vote  shall  take  such  oath, 
his  vote  shall  he  received ;  and  if  such  oath  shall  be  knowingly 
false,  the  person  taking  it  shall  be  deemed  guilty  of  perjury,  and 
shall,  upon  conviction  thereof,  be  punished  under  the  law  fixing  a 
penalty  for  perjury. 

Sec.  29.  There  shall  be  provided  and  kept  by  judges  of  each 
election  precinct,  (at  the  expense  of  the  county,)  a  substantial 
ballot  box,  with  lock  and  key ;  there  shall  be  an  opening  through 
the  lid  of  such  box  of  sufficient  size  to  admit  a  single  folded  ballot. 
Before  opening  the  polls  the  judges  shall  examine  such  box  that  noth¬ 
ing  may  remain  therein ;  it  shall  then  be  locked  and  the  key  thereof 
delivered  to  one  of  the  judges  to  be  designated  by  the  others, 
after  which  such  box  shall  not  be  opened  during  the  election. 

Sec.  30.  When  a  ballot  shall  be  received,  one  of  the  judges, 
without  opening  the  same  or  permitting  it  to  be  opened  or  examined 
(beyond  determining  whether  the  same  be  double),  shall  deposit  it 
in  the  box.  It  shall  be  the  duty  of  each  judge  or  clerk  of  the 
election  to  challenge  all  persons  whom  he  shall  know  or  shall  sus¬ 
pect  as  not  being  qualified  voters. 


ELECTIONS. 


7 


Sec.  31.  ^  Each  clerk  shall  keep  a  full  list,  which  shall  contain 
the  names  ol  all  the  persons  voting  at  such  election  in  their  numerical 
order. .  In  case  of  adjournment,  each  clerk  shall  keep  his  poll  list, 
and.  the  judges  shall  seal  up  the  hole  in  the  box  ;  one  of  the  judges 
taking  the  box,  and  another  the  key,  and  if  any  judge  or  clerk  of 
election  or  other  person  shall  open"  said  box  in  any  way,  during 
such  adjournment,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  punished,  upon  conviction  thereof,  with  imprisonment  not  less 
than  three  nor  more  than  nine  months. 


Sec.  32.  As  soon  as  the  polls  of  the  election  shall  he  closed, 
the  judges  shall  proceed  immediately,  publicly  to  canvass  the  vote 
given,  and  shall  continue  without  adjournment  until  completed. 
The  canvass  must  commence  by  a  comparison  of  the  poll  lists,  and 
they  must  be  made  to  agree ;  the  ballot  box  shall  then  he  opened, 
and  the  ballots  counted  by  the  judges  and  clerks,  unopened,  and  if 
there  are  more  ballots  than  names  upon  the  poll  list,  the  ballots 
must  be  returned  to  the  box,  shaken  up,  and  one  of  the  judges 
shall  draw  from  such  box,  ballots  enough  to  make  the  remainder 
agree  with  the  poll  list,  which  ballots  so  drawn  shall  be  destroyed ; 
and  ballots  being  found  so  folded  as  to  bear  the  appearance  of 
having  been  voted  by  one  person,  they  shall  not  be  counted,  but 
preserved  with  the  poll  books;  the  poll  list  and  ballots  being  made 
to  agree,  the  judges  and  clerks  shall  then  proceed  to  count  and 
ascertain  the  number  of  votes  cast  for  each  person  named  upon 
such  ballots  ;  when  the  votes  shall  have  been  examined  and  counted, 
the  clerks  shall  set  down  in  their  poll  books  the  name  of  every 
person  voted  for,  written  at  full  length,  the  office  for  which  such 
person  received  such  vote  or  votes,  and  the  number  he  did  receive, 
the  numbers  being  expressed  in  words  at  full  length,  such  entry 
to  be  made  as  nearly  as  circumstances  will  admit,  in  the  following 

form,  to-wit:  “At  an  election  held  at  the  house  of - ,  in 

- precinct,  in  the  county  of - ,  and  Territory  of 

Wyoming,  on  the - day  of - ,  in  the  year  of  our 

Lord,  one  thousand  eight  hundred  and - ,  the  following  named 

persons  received  the  number  of  votes  annexed  to  their  respect¬ 
ive  names’,  for  the  following  described  offices,  to-wit : - 

had - votes  for  delegate  to  congress ; - — had 

- votes  for  council ; - had - votes  for  house 

of  representatives; - had - -votes  for  sheriff; 

- had -  votes  for  county  clerk;  - » —  had 

- votes  for  county  treasurer ; - had - votes 

for  county  commissioner; - had - votes 

for  probate  judge ;  - - had - votes  for  county  superin¬ 
tendent;  - had - votes  for  coroner; - had 

- votes  for  surveyor ; - had - votes  for 

county  assessor; - had - votes  for  county  attor- 


8 


ELECTIONS. 


11  ey 


j  > 


had 


had - votes  for  justice  of  the  peace; 

votes  for  constable.  Certified  by  us,  A.  B., 


C.  D.,  E.  F.,  judges  of  election.  Attest,  G.,  II.,  I.,  J.,  clerks  of 
the  election.”  And  as  soon  as  all  the  votes  shall  have  been  read 
off  and  counted,  the  judges  or  board  of  election  shall  make  out  a 
certificate  under  their  hands  as  provided  in  this  section. 

Sec.  33.  The  judges  of  the  election  shall  then  inclose  and  seal 
one  of  the  poll  books  under  cover,  directed  to  the  county  clerk  of 
the  county  in  which  such  election  is  held,  and  the  packet,  thus 
sealed,  shall  be  conveyed  by  one  of  the  judges  or  clerks  of  elec¬ 
tion  to  be  determined  by  lot,  if  they  cannot  agree  otherwise,  and 
delivered  to  the  said  county  clerk  of  the  county,  at  his  office, 
within  fourteen  days  from  the  closing  of  the  polls.  And  if  any 
judge  or  clerk  of  an  election,  after  having  been  deputed  by  the 
judges  of  the  election  at  which  he  served  as  judge  or  clerk,  to 
carry  the  poll  book  of  such  election  to  the  county  clerk  of  the 
county,  shall  fail  or  neglect  to  deliver  such  poll  book  to  the  said 
county  clerk,  within  the  time  prescribed  by  law,  safe,  with  the 
seal  unbroken,  he  shall,  for  every  offense,  forfeit  and  pay  the  sum 
of  five  hundred  dollars,  for  the  use  of  the  county,  to  be  recovered 
in  the  name  of  the  commissioners  of  the  county,  by  an  action  of 
debt,  in  any  court  of  competent  jurisdiction;  Provided ,  That  infor¬ 
mality  in  the  delivery  of  the  poll  books,  as  directed  by  this  sec¬ 
tion,  shall  not  invalidate  the  vote  of  any  precinct. 

Sec.  34.  On  the  fifteenth  day  after  the  close  of  the  election, 
or  sooner,  if  all  the  returns  be  received,  the  county  clerk  of  the 
county  taking  to  his  assistance  two  justices  of  the  peace  of  his 
county,  shall  proceed  to  open  the  said  returns  and  make  abstracts 
of  the  votes  in  the  following  manner  :  The  abstract  of  votes  for 
delegate  to  congress,  shall  be  in  one  sheet,  and  the  abstract  of 
votes  for  members  of  the  council  and  house  of  representatives  of 
the  legislative  assembly  shall  be  on  another  sheet,  and  the  abstract 
of  votes  for  county  officers  shall  be  on  another  sheet;  and  it  shall 
be  the  duty  of  the  said  county  clerk  of  the  county  immediately  to 
make  out  a  certificate  of  election  to  each  of  the  persons  having  the 
highest  number  of  votes  for  county  offices  respectively,,  and 
deliver  such  certificate  to  the  person  entitled  to  it,  on  his  making 
application  for  that  purpose  to  the  county  clerk  at  his  office. 

Sec.  35.  It  shall  be  the  duty  of  the  county  clerk  of  each 
county,  on  the  receipt  of  the  election  returns  of  any  general  or 
special  election,  to  make  out  his  certificate,  stating  therein  the 
compensation  to  which  the  judges  and  clerks  of  each  election  may 
be  entitled  for  services,  and  lay  the  same  before  the  board  of 
county  commissioners  at  their  next  meeting;  and  the  said  board 
shall  order  the  compensation  aforesaid  to  be  paid  out  of  the 
county  treasury. 


ELECTIONS. 


f) 

Sec.  86.  The  county  clerk  of  the  county,  immediately  after 
making  out  abstracts  of  the  votes  given  in  his  county,  shall  make 


tory. 


Sec.  37.  If  the  returns  of  the  election  of  any  county  in  this 
Territory  shall  not  be  received  at  the  office  of  the  secretary  of  the 
Territory  within  thirty  days  after  the  election,  the  said  secretary 
shall  forthwith  send  a  messenger  to  the  county  clerk  of  such 
county,  whose  duty  it  shall  be  to  furnish  such  messenger  with  a 
copy  of  such  return  ;  and  the  said  messenger  shall  be  paid  out  of 
the  Territorial  treasury,  the  sum  of  live  dollars  per  day,  and  fif¬ 
teen  cents  per  mile  for  each  mile  he  shall  necessarily  travel  in 
going  to  and  returning  from  the  office  of  said  clerk. 

Sec.  38.  The  secretary  of  the  Territory,  auditor,  treasurer,  or 
any  twTo  of  them,  in  the  presence  of  the  governor,  shall  proceed, 
within  thirty  days  alter  the  election,  and  sooner,  if  all  the  returns 
be  received,  to  canvass  the  vote  given  for  all  Territorial  officers 
and  members  of  the  Council  and  House  of  Representatives,  and 
the  governor  shall  give  a  certificate  of  election  to  the  persons 
having  the  highest  number  of  votes  for  each  office.  In  case  there 
shall  be  no  choice,  by  reason  of  any  twro  or  more  persons  having 
an  equal  number  of  votes  for  the  same  office,  the  governor  shall 
call  a  special  election  in  the  manner  provided  for  by  law.  If  any 
judge  of  the  election,  or  clerk,  or  any  other  officer  or  person,  in 
any  manner  concerned  in  conducting  the  election,  shall  wilfully 
neglect,  improperly  delay,  or  refuse  to  perform,  any  of  the  duties 
required  by  this  act,  after  having  undertaken  to  perform  such 
duties,  he  shall  forfeit  and  pay  to  the  Territory  the  sum  of  fifty 
dollars;  and  if  any  such  judge  of  the  election,  olerk,  or  other 
officer  or  person,  in  anywise  concerned  in  conducting  the  election, 
shall  knowingly  admit  any  person  to  vote  not  qualified  according 
to  law,  or  shall  knowingly  receive  and  count  more  than  one  vote 
from  one  person  at  the  same  election,  for  one  office,  or  shall  be 
guilty  of  fraud,  corruption,  or  partiality,  or  manifest  misbehavior 
in  any  matter  or  thing  relating  to  said  election,  each  and  every 
person  so  offending  shall  forfeit  and  pay  to  the  county  the  sum  of 
one  hundred  dollars,  to  be  recovered  in  any  court  of  record  in  the 
Territory,  for  the  use  of  the  county  in  an  action  of  debt,  with 
costs  of  suit,  or  at  the  suit  of  any  person  who  may  sue  for  the 
same,  one-half  for  the  use  of  the  person  sueing,  and  the  other  half 
fortlie  use  of  the  county;  and  every  such  person  so  offending 
shall,  on  conviction,  be  rendered  incapable  of  holding  any  office 
within  this  Territory. 

Sec.  39.  If  any  judge  or  judges  of  election  shall  refuse  to 
receive  the  vote  of  any  elector,  according  to  the  first  section  of 
_ 9 


10 


ELECTIONS. 


this  act,  who  shall  comply,  or  offer  to  comply,  with  the  provisions 
of  this  act,  then  every  judge,  or  the  judges,  so  refusing,  or 
neglecting  to  receive  the  vote  of  the  person  aforesaid,  and  to 
record  it  as  a  legal  vote,  shall  be  liable  to  he  indicted,  and,  on  con¬ 
viction,  be  lined  five  hundred  dollars,  and  imprisoned  not  exceed¬ 
ing  thirty  days. 

Sec.  40.  If  the  county  clerk  shall  neglect  or  refuse  to  perform 
the  duties  as  pointed  out  in  this  act,  he  shall  be  liable  to  be 
indicted,  and,  on  conviction,  shall  be  fined  in  a  sum  not  exceed¬ 
ing  five  hundred  dollars,  and  imprisoned  not  exceeding  thirty 
days. 

Sec.  41 .  If  any  person  shall  mutilate  or  erase  any  name,  fig¬ 
ure,  or  word  in  a  poll  book  taken  or  kept  at  any  election,  or  if 
any  person  shall  take  away  such  poll  hook  from  the  place  where 
it  has  been  deposited  for  safe  keeping,  with  an  intention  to 
destroy  the  same,  or  to  procure,  or  prevont  the  election  of  any 
person;  or  if  any  person  shall  destroy  any  poll  book  so  taken 
and  kept  at  any  election,  he  or  she  shall  be  liable  to  be  indicted, 
and,  on  conviction,  shall  be  fined  not  exceeding  five  hundred 
dollars,  and  imprisoned  not  exceeding  sixty  days  in  the  county 
jail 

Sec.  42.  No  mere  irregularity  in  the  form  of  oath  admin¬ 
istered  to  any  judge  or  clerk  of  election,  or  in  certifying  the  same, 
or  in  signing  or  returning  the  statement  of  the  result  of  any  elect¬ 
ion,  or  any  other  irregularity  in  the  manner  of  conducting  any 
election,  shall  authorize  the  county  board  of  canvassers  in  throw¬ 
ing  out  the  vote  of  any  precinct,  but.  the  vote  returned  shall  be 
counted  by  the  board  of  county  canvassers,  unless  said  improprie¬ 
ties  are  such  as  to  bear  evidence  of  fraudulent  practices,  in  which 
case  the  vote  shall  not  be  counted,  but  a  record  of  all  the  facte 
pertaining  to  such  irregularities  shall  be  made  by  such  board,  and 
filed  with  the  register  of  deeds. 

TITLE  III. 

Sec.  43.  If  any  person  shall  be  defeated  for  any  ofiice  by  the 
rejection  of  any  vote  of  a  precinct,  or  precincts,  such  person,  or 
any  elector  of  the  proper  county,  or  council,  or  representative 
district,  may  contest  the  validity  of  such  rejection,  or  the  right  of 
any  person  proclaimed  duly  elected  to  his  seat  in  the  council  or 
House  of  Representatives.  Such  person  shall  give  notice  thereof 
m  writing  to  the  person  whose  election  he  intends  to  contest  or 
leave  a  written  notice  thereof  at  the  house  where  such  person  last 
resided,  within  twenty  days  after  the  vote  of  the  election  shall 
have  been  canvassed  by  the  Territorial  board  of  canvassers 
expressing  the  points  on  which  the  same  will  be  contested,  and 
tiie  names  of  two  justices  of  the  peace,  who  will  officiate  at  the 


ELECTIONS. 


11 


taking  ot  the  depositions,  and  when  and  where  they  will  attend  to 
take  the  same;  and  such  notice  shall  he  served  at  least  ten  days 
before  the  day  so  pointed  out  therein  for  the  taking  of  the  depo¬ 
sition. 

Sec.  44.  That  the  said  justices,  or  either  of  them,  shall  have 
power,  and  are  hereby  authorized  and  required,  to  issue  subpoe¬ 
nas  to  all  persons  whose  testimony  may  he  required  by  either  of 
the  parties,  and  the  said  two  justices,  when  met,  shall  hear,  and 
•certify  under  seal,  all  testimony  relative  to  such  contested  elec¬ 
tion,  to  the  presiding  officer  of  the  branch  of  the  Legislative 
assembly,  where  the  person  whose  seat  is  contested  may  be 
returned,  to  [he]  served  at  the  next  session. 

Sec.  45.  That  no  person  shall  contest  the  election  of  any  mem¬ 
ber  of  the  council  or  house  of  representatives,  unless  he  is  an 
elector  of  that  county  or  district,  from  which  the  person  is  returned 
to  serve;  no  testimony  shall  be  received  by  the  justices  on  the 
part  of  the  person  contesting  the  election,  which  does  not  relate 
to  the  point  specified  in  the  notice,  a  copy  of  which  notice  shall 
be  delivered  to  the  said  justices,  and  by  them  transmitted  to  the 
presiding  officer  of  that  branch  of  the  legislative  assembly  where 
the  contest  is  to  be  decided,  with  the  other  documents. 

Sec.  46.  That  the  method  to  be  pursued  in  contesting  the 
elections  of  persons  declared  duly  elected  sheriff*,  coroner,  county 
recorder, [county  treasurer,  county  commissioner,  or  county  assessor, 
or  other  county  officers,  shall,  in  every  respect,  be  similar  to  the 
method  directed  as  aforesaid  to  be  pursued  in  contesting  the  elec¬ 
tion  of  members  of  the  council  and  house  of  representatives  of 
the  legislative  assembly,  save  only  that  the  testimony  taken  as 
aforesaid,  and  all  matters  relative  to  such  contest,  shall  be  sent  to 
the  probate  court  of  the  proper  county,  on  or  before  the  second 
day  of  the  term  next  ensuing  the  thirty  days  allowed  in  which  to 
take  depositions,  by  the  preceding  sections  ;  and  the  said  probate 
court,  at  the  said  first  term  after  thirty  days  shall  have  expired, 
shall  hear  and  determine  the  contest. 

Sec.  47.  That  if  any  officer  charged  with  any  duties  under  this 
act,  shall  refuse  or  neglect  to  perform  the  duties  required  of  him 
by  this  act,  according  to  the  true  intent  and  meaning  thereof,  he 
shall,  on  conviction  thereof,  before  any  court  having  cognizance 
to  that  amount,  be  fined  in  any  sum,  at  the  discretion  of  the  court, 
not  exceeding  two  hundred  dollars. 

Sec.  48.  Any  person  who  shall  vote  in  this  Territory,  who  has 
not  been  a  resident  thereof  ninety  days  immediately  preceding 
the  election,  or  who  at  the  time  of  the  election  is  not  twentv-one 
years  of  age,  lie  knowing  the  same,  or  is  not  a  citizen  of  the 
United  States,  or  declared  his  intentions  to  become  such,  as  pro¬ 
vided  by  law,  he  knowing  the  same,  shall,  on  conviction  thereof, 


12 


ELECTIONS. 


be  imprisoned  in  the  penitentiary  and  kept  at  hard  labor  not  less 
than  six  months,  nor  more  than  three  years. 

Sec.  49.  Any  person  who  shall  procure  aid,  assist,  or  advise 
another  to  go  into  any  county  for  the  purpose  of  giving  his  vote 
therein,  knowing  that  such  other  person  is  not  qualified  to  vote  in 
such  county,  shall,  on  conviction  thereof,  be  fined  in  a  sum  not 
exceeding  one  hundred  dollars. 

Sec.  50.  Any  person  who  shall,  after  the  opening  of  the  polls, 
fraudulently  put  a  ballot  or  ballots,  or  ticket  or  tickets,  into  the 
ballot  box,  shall,  on  conviction  thereof,  be  imprisoned  in  the  pen¬ 
itentiary  and  kept  at  hard  labor  not  less  than  one  year,  nor  more 
than  three  years. 

Sec.  51.  When  any  person’s  vote  shall  be  recei  ved  after  having 
taken  the  oath  prescribed  in  this  act,  it  shall  be  the  duty  of  the 
clerk  of  the  election  to  write  on  the  poll- book,  at  the  end  of  the 
name  of  such  person,  the  word  “sworn.” 

Sec.  52.  Any  judge  of  the  election  who  shall,  after  the  open¬ 
ing  of  the  polls,  put  a  ballot  or  ticket  into  the  ballot  box,  except 
his  own,  or  such  as  may  be  received  in  the  regular  discharge  of 
his  duty,  shall,  on  conviction  thereof,  be  imprisoned  in  the  peni¬ 
tentiary,  an  1  kept  at  hard  labor  not  less  than  five  years,  nor  more 
than  ten  years. 

Sec.  53.  That  all  lines  and  penalties  imposed  by  this  act,  shall 
be  recovered  with  costs  of  suit  in  an  action  of  debt  for  the  use  of 
the  county. 

_  • 

Sec.  54.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved,  December  10,  1869. 

[Note.— .Section  1,  Title  1,  was  altered  by  Act  of  December  11th,  1.875,  Vide  first  Section 
oi  next  succeeding  act. — Compilers.] 


An  Act  to  Fix  the  time  of  Holding  General  Elections. 

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

Section  1.  That  hereafter  there  shall  be  held,  in  the  several 
voting  precincts  of  this  Territory,  on  tne  Tuesday  next  after  the 
first  Monday  in  November,  eighteen  hundred  and  seventy-six 
(1876),  and  every  two  years  thereafter,  a  general  election,  at  which 
the  following  officers  shall  be  chosen, that  is  to  say:  Delegate  in 
Congress,  sheriff,  county  clerk,  probate  judge,  county  treasurer, 
prosecuting  attorney,  county  commissioners,  superintendent  of 
schools,  coroner,  surveyor,  assessor,  justices  of  the  peace,  con¬ 
stables. 


ELECTIONS. 


13 


Sec.  2.  That  all  county  officers  elected  at  any  general  election 
shall  qualify  and  enter  upon  the  discharge  of  their  respective 
duties  upon  the  first  Monday  in  January  immediately  following 
such  general  election. 

Sec.  3.  That  all  acts  and  parts  of  acts  inconsistent  with  this 
act,  are  hereby  repealed. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved,  Dec.  11,  1875. 


An  Act  Prohibiting  the  Establishment  of  Election  Precincts  upon  Military  Reserva¬ 
tions  within  the  Territory  of  Wyoming. 

Be  it  enacted  by  the  Council  and  House  of  Representatives  of  the  Terri¬ 
tory  of  Wyoming : 

Section  1.  Hereafter,  there  shall  be  no  election  precincts  or 
voting  places  for  any  election,  eithor  general,  or  special,  estab¬ 
lished,  or  polls  held,  within  the  limits  of  any  military  reservation 
within  the  Territory  of  Wyoming,  or  in  any  other  place  or  building 
in  said  Territory  which  may  be  under  the  sole  and  exclusive  juris¬ 
diction  of  the  United  States  of  America. 

Sec.  2.  The  county  commissioners  of  any  county  in  this  Terri¬ 
tory  in  which  a  military  reservation  is  located,  shall  ascertain  the 
most  suitable  place  near  such  reservation  for  an  election  precinct 
or  voting  place,  and  shall  establish  at  such  place  a  precinct,  or 
place  for  voting,  for  the  convenience  of  the  legal  voters  upon  such 
reservation :  Provided ,  That  where  a  precinct  or  voting  place  in  any 
county  has  heretofore  been  established  within  five  miles  of  any 
military  reservation,  the  legal  voters  thereon  shall  continue  to  vote 
at  such  precinct  or  voting  place  until  a  change  shall  be  made  by 
the  county  commissioners  of  such  county. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved,  December  2,  1875. 


14 


SCHOOL  LAWS. 


School  Laws. 


An  Act  Providing  for  the  Organization  of  School  Districts,  Schools,  and  other  Pur¬ 
poses. 

Be  it  enacted  by  the  Council  and  House  of  Representatives  of  the  Terri¬ 
tory  of  Wyoming : 

Superintendent  of  Public  Instruction. 

Section  1.  The  Territorial  librarian  shall  be  ex  officio ,  super- 
tendent  of  public  instruction,  and  shall  perform  all  tho  duties 
which,  by  this  act,  or  any  law  of  the  Territory,  pertain  to  that 
office. 

Sec.  2.  The  duties  of  superintendent  shall  be  as  follows  :  He 
shall  tile  all  papers,  reports  and  public  documents  transmitted  to 
him  by  the  school  officers  of  the  several  counties,  each  year,  sepa¬ 
rately,  hold  the  same  in  readiness  to  be  exhibited  to  the  governor, 
or  to  any  committees  of  either  house  of  the  legislative  assembly  ; 
and  shall  keep  a  fair  record  of  all  matter  pertaining  to  the  busi¬ 
ness  of  his  office.  He  shall  have  a  general  supervision  of  all  the 
district  schools  of  the  Territory,  and  shall  see  that  the  school 
system  is,  as  early  as  practicable,  put  into  uniform  operation. 
He  , shall  prepare  and  have  printed,  suitable  forms  for  all  reports 
required  by  this  act,  and  shall  transmit  the  same,  with  such 
instructions  in  reference  to  the  course  of  studies  as  he  may  judge 
advisable,  to  the  several  officers  entrusted  with  their  manage¬ 
ment  and  care.  He  shall  make  all  further  rules  and  regulations 
that  may  be  necessary  to  carry  the  law  into  full  effect,  according 
to  its  spirit  and  intent,  which  shall  have  the  same  force  and  effect 
as  though  contained  herein.  He  shall  make  a  report  to  the  legis¬ 
lative  assembly  on  the  first  day  of  each  regular  session  thereof, 
exhibiting  the  condition  of  public  schools,  and  such  other  mat¬ 
ters  relating  to  the  affairs  of  his  office  as  he  may  think  proper  to 
communicate. 

Sec.  3.  One  copy  of  all  books,  maps,  charts,  or  school 
apparatus,  which  may  be  received  by  the  superintendent  of  public 
instruction,  from  publishers,  inventors,  or  manufacturers,  shall  be 
placed  by  him  in  the  public  library  of  this  Territory. 

Sec.  4.  The  superintendent  of  pnblic  instruction  shall  also  have 
power  to  grant  certificates  of  qualification  to  teachers  of  proper 


SCHOOL  LAWS. 


15 


learning  and  ability,  to  teach  in  any  public  school  in  the  Territory, 
and  to  regulate  the  grade  of  county  certificates. 

Sec.  5.  The  Territorial  superintendent  of  public  instruction, 
with  the  several  county  superintendents,  shall  hold  annually  at 
some  convenient  place,  a  Territorial  teachers’  institute,  for  the 
instruction  and  advancement  of  teachers;  said  institute  not  to 
continue  less  than  four  days,  and  not  to  exceed  ten  days,  which 
institute  shall  be  free  to  all  teachers  and  those  preparing  to  teach 
in  this  Territory;  which  institute  shall  be  assembled  on  the  second 
Monday  in  August  of  each  year,  and  may  also  be  attended  by  the 
county  superintendents  of  schools.  It  shall  be  the  duty  of  said 
institute,  during  its  sittings,  to  discuss  and  decide  upon  a  series  of 
books  and  a  system  of  education  which  shall  be  uniform  through¬ 
out  the  Territory;  and  it  shall  be  the  duty  of  the  Territorial 
superintendent  to  see  that  the  books  and  system  decided  upon 
shall  be  introduced  in  all  the  schools  of  the  Territory,  to  the  exclu¬ 
sion  of  all  others  ;  Provided ,  That  the  series  of  books  so  adopted 
shall  not  be  changed  oftener  than  once  in  three  years  ;  And  'pro¬ 
vided  further ,  That  such  change  of  books  shall  not  be  made  except 
upon  the  vote  of  a  majority  of  the  board. 

Sec.  6.  The  compensation  of  superintendent  of  public  instruc¬ 
tion  for  his  services  shall  be  the  sum  of  four  dollars  per  day,  not 
to  exceed  thirty  days  in  an}  one  year,  for  time  spent  in  the  dis¬ 
charge  of  his  official  duties,  his  traveling  expenses,  actually  and 
necessarily  incurred,  and  the  expense  of  procuring  blank  forms, 
postage,  stationary,  and  such  books  as  are  necessary  for  the  use  of 
his  office,  all  of  which  allowances  shall  be  paid  by  the  Territorial 
treasurer,  on  their  presentation  in  an  account  duly  certilied  and 
sworn  to  before  some  one  authorized  by  law  to  administer  oaths. 

County  Superintendent  of  Schools. 

Sec.  7.  The  duties  of  county  superintendent  of  schools  shall 
be  as  follows  :  He  shall,  on  the  first  Monday  of  October  of  each 
year,  transmit  to  the  superintendent  of  public  instruction  a 
report,  containing  an  abstract  of  the  several  particulars  set  forth 
in  the  reports  of  the  district  clerks,  together  with  a  statement  of 
the  financial  affairs  of  his  office,  and  such  suggestions  as  he  may 
think  proper  to  make  relative  to  the  schools  of  his  county.  He 
shall  distribute  to  the  district  officers  within  his  county,  such  blank 
forms,  circulars  and  other  communications  as  maybe  transmitted 
to  him,  for  that  purpose,  by  the  superintendent  of  public  instruc¬ 
tion.  On  the  first  Monday  in  December,  annually,  he  shall  appor¬ 
tion  the  county  school  tax,  and  all  money  in  the  county  treasury 
belonging  to  the  county  school  fund,  among  the  several  school 
districts  of  hi's  county,  in  proportion  to  the  number  of  pupils  in 
attendance  in  the  schools  of  said  district,  reported  to  him  by  the 


SCHOOL  LAWS. 


10 

several  district  clerks  and  shall  record  a  statement  thereof  in  his 
office,  and  shall  also  notify  the  county  treasurer  of  such  appor¬ 
tionment.  He  shall  immediately  draw  an  order  on  the  county 
treasurer  in  favor  of  the  treasurer  of  each  district,  for  the  amount 
of  its  proportion,  and  transmit  the  same  to  the  treasurer  of  the 
district,  which  draft  the  county  treasurer  shall  pay  to  the  district 
treasurer  upon  presentation  of  the  draft  properly  indorsed.  He 
shall  divide  the  settled  parts .  of  the  county  into  school  districts, 
and  may  alter  and  change  the  boundaries  of  districts  thus  formed, 
from  time  to  time,  as  the  convenience  of  the  inhabitants  of  the 
aforesaid  districts  may  require;  and  shall  proceed  to  make  such 
'change  at  any  time  when  petitioned  by  two-thirds  of  the  legal 
voters  of  any  district.  He  shall  examine  every  person  offering 
himself  or  herself  as  teacher  of  public  schools,  and  if,  in  his 
opinion,  such  person  is  qualified  to  teach  a  public  school,  shall 
give  him,  or  her,  a  certificate,  authorizing  him  or  her  to  teach  a 
public  school  in  his  county  for  one  year.  Whenever  practicable,1 
the  examination  of  teachers  shall  be  competitive,  and  the  certifi 
cate  shall  be  graded  according  to  the  qualifications  of  the  appli¬ 
cant.  He  shall  have  the  general  superintendence  of  the  schools 
in  his  county,  and  shall  visit  each  school  at  least  twice  each  term, 
and  shall  have  power  to  dismiss  all  teachers  he  may  find  to  be 
incompetent. 

Sec.  8.  Should  he  fail  to  make  his  reports,  as  required  in  the 
foregoing  section,  he  shall  forfeit  the  sum  of  one  hundred  dollars, 
and  suit  shall  be  brought  on  his  official  bond  for  the  collection  of 
the  same,  with  damages,  by  the  prosecuting  attorney. 

Sec.  9.  He  shall  see  that  the  annual  reports  of  the  clerks  of 
the  several  school  districts  in  his  county  are  made  correctly  and  in 
due  time,  and  shall  hear  and  determine  all  appeals  from  the  deci¬ 
sion  of  the  district  boards. 

School  Districts — Organization  Powers . 

Sec.  10.  Whenever  a  school  district  shall  be  formed  in  any 
county,  the  county  superintendent  of  schools  in  such  county  shall, 
within  fifteen  days  thereafter,  prepare  a  notice  of  the  formation  of 
such  district,  describing  its  boundaries  and  stating  the  number 
thereof,  and  appointing  a  time  and  place  for  the  district  meeting. 
He  shall  cause  the  the  notice,  thus  prepared,  to  be  posted  in  at 
least  five  public  places  in  the  district,  at  least  ten  days  before  the 
time  appointed  for  such  meeting;  and  when  a  joint  district  is 
derived  from  portions  of  two  or  more  counties,  the  county  super¬ 
intendents  of  each  county,  from  which  any  portion  of  the  new 
district  is  taken,  shall  unite  in  giving  the  customary  notices,  and 
the  new  district  shall  be  numbered  by  the  superintendent  of  the 
county  having  the  highest  number  of  districts. 

Sec.  11.  A  majority  of  the  voters  in  any  school  district,  being 


17 


SCHOOL  LAWS. 

dissatisfied  with  the  formation  of  any  school  district,  shall  have 
the  right  to  appeal  from  the  superintendent  to  the  board  of  county 
commissioners,  and  from  the  board  of  county  commissioners  to 
the  superintendent  of  public  instruction. 

Sec.  12.  All  citizens  over  the  age  of  twenty-one  years,  who 
have  resided  for  thirty  days  within  such  district,  and  who  are 
liable  to  pay  school  tax  therein,  or  in  the  county,  and  none  others, 
shall  be  deemed  qualified  electors  at  school  meetings  held  within 
such  district :  Provided ,  That,  after  the  first  year  of  the  organiza¬ 
tion  of  any  school  district,  no  person  shall  be  deemed  a  qualified 
elector  at  any  such  meetings,  who,  being  liable  to  pay  a  school  tax 
therein,  or  in  the  county,  in  the  year  preceding,  hath  failed  to  pay 
the  same. 

Sec.  13.  The  qualified  electors  of  a  district,  when  assembled 
in  accordance  with  the  notice  required  in  the  foregoing  section, 
shall  organize  bv  appointing  a  chairman  and  secretary  who  shall 
act  as  judges  of  the  election,  and  the  name  of  each  elector  shall 
be  recorded  by  the  secretary.  They  shall  then,  by  ballot,  elect 
three  trustees,  one  to  hold  his  office  until  the  next  succeeding 
annual  district  election,  one  to  hold  his  office  until  the  second 
succeeding  district  election,  and  one  to  hold  office  until  the  third 
succeeding  annual  election ;  they  shall  hold  their  office  during  the 
terms  for  which  they  are  elected  respectively,  and  until  their  suc¬ 
cessors  are  elected  and  qualified.  The  trustees  shall  constitute  a 
board  of  directors  for  the  district,  and  shall,  as  soon  as  they  are 
qualified,  choose  from  their  number  a  director,  treasurer,  and 
clerk  of  the  district. 

Sec.  14.  Said  directors  shall,  within  ten  days  after  their  elect¬ 
ion,  appear  before  some  justice  of  the  peace,  and  take  an  oath  for 
the  faithful  performance  of  their  duties;  and,  in  case  they  fail  to 
do  so,  they  shall  each  forfeit  the  sum  of  twenty-five  dollars  for  the 
use  of  the  school  dsitrict. 

Sec.  15.  Each  school  district  formed  under  the  provisions  of 
this  act,  is  hereby  declared  to  be  a  body  corporate  by  the  name 

and  style  of  school  district,  Ao.  - ,  in  the  county  of - ,  and 

Territory  of  Wyoming  ;  and  in  that  name  it  may  hold  property, 
and  be  a  party  to  suits  and  contracts. 

Sec.  16.  The  regular  meeting  of  each  school  district  shall  be 
held  on  the  first  Monday  of  May  of  each  year.  And,  when  pre¬ 
sent,  the  director  and  clerk  shall  preside  as  chairman  and  secre¬ 
tary  of  such  meeting. 

Sec.  17.  The  qualified  electors  of  the  district,  when  assem¬ 
bled,  shall  have  power : 

Firsty  To  appoint  a  chairman  and  secretary  in  the  absence  of 
the  regular  officers  : 

O 


18 


SCHOOL  LAWS. 


Second,  To  adjourn  from  time  to  time,  as  occasion  may  require; 

Third,  To  determine  the  number  of  schools  which  shall  be 
established  in  the  district,  and  the  length  of  time  each  shall  be 
taught ; 

Fourth,  To  fix  the  site  of  each  school  house,  taking  into  con¬ 
sideration  in  doing  so,  the  wants  and  necessities  of  the  people  of 
each  portion  of  the  district; 

Fifth ,  To  vote  such  sum  of  money  as  the  meeting  shall  deem 
sufficient  for  any  of  the  following  purposes  :  To  supply  any 
deficiency  in  the  fund  for  the  payment  of  teachers ;  to  purchase 
or  lease  a  suitable  site  for  a  school  house,  or  school  houses ;  to 
build,  rent,  or  purchase,  a  school  house  or  school  houses,  and  to 
keep  in  repair  and  furnish  the  same  with  the  necessary  fuel  and 
appendages ;  for  procuring  libraries  for  the  schools,  books,  and 
stationery  for  the  use  of  the  board  and  district  meetings ;  for  pur¬ 
chasing  books  for  indigent  scholars,  and  to  defray  all  other  con¬ 
tingent  expenses  of  the  district ; 

Sixth,  To  direct  the  sale  or  other  disposition  to  be  made  of  any 
school  house,  or  the  site  thereof,  and  of  such  other  property,  real 
or  personal,  as  may  belong  to  the  district;  and  to  direct  the  man¬ 
ner  in  which  the  proceeds  arising  therefrom  shall  be  applied ; 

Seventh ,  To  vote  a  sum  not  exceeding  one  hundred  dollars  in 
any  one  year,  to  procure  a  district  library,  consisting  of  such  books 
as  they  may  direct  any  person  to  procure  ; 

Eighth,  To  delegate  any  or  all  powers  contained  in  the  forego¬ 
ing  specifications  of  the  district  board  ; 

Ninth,  To  transact  generally  such  business  as  may  tend  to  pro¬ 
mote  the  cause  of  education,  in  accordance  with  the  provisions  of 
this  act. 

Sec.  18.  .  In  voting  money,  the  district  meetings  shall  designate 
the  respective  objects  for  which  the  same  is  raised,  and  the  amount 
to  be  raised  for  each  object,  and  the  aggregate  amount  shall  be 
assessed  and  collected,  as  provided  in  this  act. 

Sec.  19.  They  may  adopt  rules  of  order,  not  incomputable 
with  the  provisions  of  this  act,  and  the  instructions  of  the  super¬ 
intendent  of  public  instruction,  for  the  government  of  district 
meetings,  and  may  alter  and  change  the  same  from  time  to 
time  as  occasion  may  require,  and  may  prescribe  the  manner  of 
taking  the  sense  of  the  meeting  upon  any  question ;  Provided , 
That  the  last  specification  shall  not  apply  to  the  election  of 
officers. 

Sec.  20.  In  all  cases  where  there  are  moneys  belonging  to  the 
school  house  fund  remaining  in  the  hands  of  the  district  treasurer 
of  any  school  district,  and  the  board  of  directors  thereof  are  satis¬ 
fied  that  such  moneys  are  not  required  to  build  a  school  house,  or 


19 


SCHOOL  LAWS. 

school  houses,  in  said  district,  or  repair  or  furnish  the  same,  such 
moneys  may  he  transferred  and  accredited  to  the  teachers’  fund, 
and  applied  to  the  payment  of  teachers.  And  the  board  may  also 
in  like  manner  transfer  a  surplus  of  the  teachers’  fund  to  the  fund 
for  building  school  houses  when  required. 

Sec.  21.  There  shall  be  elected,  in  each  organized  school  district, 
at  the  regular  annual  district  meeting,  on  the  first  Monday  of  May 
of  each  year,  one  trustee,  who  shall  hold  his  office  for  three  years, 
and  until  his  successor  is  duly  elected  and  qualified.  If,  for  any 
reason,  the  annual  election  should  not  be  held  at  the  regular  meet¬ 
ing,  a  special  meeting  for  that  purpose  may  be  held.  The  trustees 
together,  constitute  a  board  of  directors  for  the  district  and  shall 
elect  from  their  number  a  director,  treasurer  and  clerk  of  the 
district;  and  at  the  first  annual  election,  there  shall  be  three 
trustees  elected,  one  to  hold  his  office  for  the  term  of  three  years, 
and  one  to  hold  for  the  term  of  two  years,  and  one  for  the  term 
of  one  year,  and  thereafter  there  shall  be  one  trustee  elected 
annually  for  the  term  of  three  years,  and  thereafter  at  each  of 
such  meetings,  one  trustee  shall  be  elected  as  aforesaid,  as  suc¬ 
cessor  to  the  outgoing  members  of  the  board. 

•  •  •  -IT 

Sec.  22.  Said  directors  shall  qualify  in  the  manner  prescribed 
for  directors  elected  upon  tho  formation  of  a  new  school  district; 
and  in  case  they  refuse  or  neglect  so  to  do,  they  shall  be  subject  to 
the  same  penalty. 

Sec.  23.  The  board  of  directors  may  hold  such  regular, 
special,  or  adjourned  meetings  as  they  may  from  time  to  time 
determine. 

Sec.  24.  The  district  board  shall  make  all  contracts,  purchases, 
payments  and  sales,  necessary  to  carry  out  every  vote  of  the  dis¬ 
trict,  for  procuring  any  site  for  a  school  house,  renting,  repairing, 
or  furnishing  the  same,  and  disposing  thereof,  or  for  keeping  a 
school  therein,  and  performing  such  other  duties  as  may  be  dele¬ 
gated  to  them  b}^  the  district  meeting. 

Sec.  25.  The  district  board  shall  have  power  to  admit  scholars 
from  adjoining  districts,  and  remove  scholars  for  disorderly  con¬ 
duct,  and  when  scholars  are  admitted  from  other  districts,  the  dis¬ 
trict  board  may,  in  their  discretion,  require  a  tuition  fee  from  such 
scholars. 

Sec.  26.  The  district  board  shall  require  the  treasurer  to  give 
bond  to  the  district  in  such  penalties,  and  with  such  securities,  as 
in  their  opinion  will  secure  the  district  against  loss,  conditioned 
for  the  faithful  application  of  all  moneys  which  may  come  into 
his  hands  by  virtue  of  his  office ;  said  penalty  may  be  increased 
from  time  to  time,  as  the  interest  of  the  district  may  require. 
The  bond  shall  be  filed  with  the  director  of  the  board,  and  in  case 
of  a  breach  of  the  condition  thereof,  he  shall  bring  suit  thereon  in 
the  name  of  the  district. 


20 


SCHOOL  LAWS. 


Sec.  27.  In  each  organized  district,  they  shall  act  as  judges  ot 
all  district  elections. 

Sec.  28.  They  shall,  from  time  to  time,  examine  the  books  and 
accounts  of  the  treasurer,  and  make  settlement  with  him,  and 
shall,  at  each  regular  meeting  of  the  district,  present  to  the  same 
a  full  statement  of  the  receipts  and  expenditures  of  the  district, 
and  such  other  matters  as  may  be  deemed  important. 

Sec.  29.  They  shall  appoint  a  committee  from  their  own  body 
to  visit  the  respective  schools  of  the  district  monthly,  and  to  aid 
the  teachers  in  establishing  and  enforcing  rules  for  the  govern¬ 
ment  of  schools,  and  see  that  the  teachers  keep  a  correct  list  of 
the  pupils,  the  time  which  they  attend  school,  the  branches  of 
learning  which  each  is  studying,  and  such  other  matters  as  may, 
in  the  opinion  of  the  board,  tend  to  promote  the  welfare  of  the 
school. 

Sec.  30.  They  shall  audit  and  allow  all  just  claims  against  the 
district,  and  the  directors  shall  draw  an  order  for  all  demands  thus 
audited,  on  the  district  treasurer. 

Sec.  31.  They  shall,  upon  the  written  request  of  live  legal 
voters  of  the  district,  or,  whenever  they  deem  it  expedient,  call 
special  meetings  thereof ;  but  in  all  such  cases,  the  notice  of  such 
meeting  shall  clearly  state  the  precise  object  for  which  it  is  called, 
and  the  time  and  place  at  which  it  is  to  be  held. 

Sec.  32.  Should  a  vacancy  occur  in  the  board,  they  may  fill  the 
same  by  appointment,  unless  it  is  deemed  expedient  to  call  a 
special  meeting  of  the  district  for  that  purpose. 

Sec.  33.  The  county  superintendent  and  district  board  of 
directors,  may  determine  whether  a  school  of  a  higher  grade 
shall  be  established  in  the  district,  the  number  of  teachers  to  be 
employed,  and  the  course  of  instruction  to  be  pursued  therein, 
until  the  meeting  of  the  teachers’  institute,  provided  for  in  sec¬ 
tion  five  of  this  act,  at  which  time  the  institute  shall  determine 
the  studies  to  be  pursued  in  all  schools  of  like  grade  in  the  Terri¬ 
tory;  and  the  superintendent  of  public  instruction  shall  have  the 
same  power  to  carry  into  effect  the  determination  of  the  institute, 
as  is  provided  in  other  cases ;  and  the  board  may  erect,  for  the  pur¬ 
pose,  one  or  more  permanent  school  houses,  and  shall  cause  such 
classification  of  the  pupils  as  they  may  deem  necessary ;  but  in 
selecting  the  site  for  such  school  house,  or  school  houses,  the  per¬ 
manent  interest  and  future  welfare  of  the  people  of  the  entire  dis¬ 
trict  shall  be  consulted. 

Sec.  34.  Where  there  are  fifteen  or  more  colored  children 
within  any  school  district,  the  board  of  directors  thereof,  with  the 
approval  of  county  superintendent  of  schools,  may  provide  a  sep¬ 
arate  school  for  the  instruction  of  such  colored  children. 


SCHOOL  LAWS. 


21 


Sec.  35.  The  district  board  shall  employ  all  teachers  necessary 
for  the  schools  of  the  district,  and  pay  them  by  draft  on  the  treas¬ 
urer. 

Sec.  36.  The  district  schools  established  under  the  provisions 
of  this  act,  shall,  at  all  times,  be  equally  free  and  accessible  to  all 
children  resident  therein,  over  six  and  under  the  age  of  twenty- 
one  years,  subject  to  such  regulations  as  the  district  board  in  each 
may  prescribe.  And  it  shall  be  the  duty  of  all  parents  and  guar¬ 
dians,  or  other  persons  having  the  control  of  children  between 
the  ages  above  mentioned,  to  send  such  children  to  some  school, 
at  least  three  months  in  each  and  every  year,  except  in  case  of 
invalids,  and  others,  to  whom  the  school  room  would  be  injurious. 
In  such  cases,  the  district  board  shall,  upon  receipt  of  a  physician’s 
certificate,  excuse  such  children ;  and  the  district  board  may,  in  its 
discretion,  excuse  children  from  attendance  when  a  compliance 
with  this  act  would  work  great  hardship.  In  all  such  cases  the 
clerk  of  the  board  shall  state  the  reason  for  excuse,  and  the  name 
of  the  child  or  person  excused,  and  the  length  of  time  for  which 
excused,  at  large  in  the  minutes  of  the  proceedings  of  the  board; 
Provided ,  That  in  all  cases  the  applicant  may  appeal  from  the 
decision  of  the  board  to  the  county  superintendent,  whose  decision 
shall  be  final. 

Sec.  37.  Any  parent  or  guardian,  or  other  person,  having 
children  in  their  charge  between  the  ages  of  seven  (7)  and  sixteen 
(16)  years,  who  shall  neglect  or  refuse  to  comply  with  the  provis¬ 
ions  of  this  act,  shall,  on  conviction,  be  punished  by  a  fine  not 
exceeding  twenty-five  dollars,  for  each  and  every  offense. 

District  Officers  and,  their  Duties. 

Sec.  38.  The  director,  when  present,  shall  preside  at  all  meet¬ 
ings  of  the  board  of  the  district,  and  countersign  all  orders  on  the 
treasury  for  the  payment  of  money. 

Sec.  39.  All  drafts  and  orders  drawn  on  the  district  treasurer, 
as  required  in  the  foregoing  section,  shall  specify  the  fund  on  which 
they  are  drawn,  and  the  use  for  which  the  money  is  designed, 
and  shall  be  signed  by  the  district  clerk. 

Sec.  40.  The  director  shall  appear  in  behalf  of  his  district,  in 
all  suits  brought  by  or  against  the  same;  but  when  he  is  individ¬ 
ually  a  party,  this  duty  shall  be  performed  by  the  clerk. 

Sec.  41.  The  clerk  shall  record  all  the  proceedings  of  the 
board,  and  of  the  district  meetings,  in  separate  books  to  be  kept 
for  that  purpose  ;  he  shall  preserve  copies  of  all  reports  made  to 
the  county  superintendent;  shall  file  all  papers  transmitted  to  him 
by  other  school  officers,  pertaining  to  the  business  of  the  district  ; 
and  shall  sign  all  drafts,  warrants  and  orders  drawn  by  him. 


22 


SCHOOL  LAWS. 

Sec.  42.  He  shall  keep  an  accurate  account  of  all  the  expenses 
incurred  by  the  district,  arid  shall  present  the  same  to  the  district 
hoard,  to  be  audited  and  paid  as  herein  provided,  out  of  the 
school  fund. 

Sec.  43.  He  shall  give  ten  days’  previous  notice  of  all  regular 
and  special  meetings  of  the  district,  as  herein  authorized,  by  post¬ 
ing  up  a  written  notice  in  three  different  places  therein  ;  and  shall 
furnish  a  copy  of  the  same  to  the  teachers  of  each  school  in  the 
district,  to  be  read  once  in  the  presence  of  the  pupils  thereof. 

Sec.  44.  The  district  clerk  shall,  on  the  ffrst  Monday  of  Sep¬ 
tember  in  each  year,  submit  a  report  to  the  county  superintendent, 
for  the  year  past,  then  ending  : 

First,  Of  the  number  of  schools  taught  in  such  district,  the 
number  of  days  each  scholar  attended  the  same,  and  the  aggregate 
number  of  days  of  attendance  of  said  schools  respectively,  as  cer¬ 
tified  by  the  teachers  of  the  several  schools  of  such  district ; 

%j  7 

Second ,  The  number  of  schools,  and  the  branches  taught  in 
each ; 

.Third,  The  number  of  pupils  in  each  school,  and  of  each  sex; 

Fourth,  The  number  of  teachers  employed  in  each  school,  and 
the  average  compensation  of  each  per  month; 

Fifth,  The  number  of  days  the  school  has  been  taught,  and  by 
whom ; 

Sixth,  The  average  cost  of  tuition  for  a  pupil,  per  month,  in 
each  school  ; 

Seventh,  Books  used  in  each  school  ; 

Eiqhth ,  The  number  of  volumes  in  the  library  of  each  school ; 

Ninth,  The  aggregate  amount  paid  teachers  during  the  year,  the 
source  from  which  the  same  was  received,  and  the  amount  of  the 
teachers’  fund  in  the  hands  of  the  treasurer ; 

Tenth,  The  number  of  district  school  houses,  and  the  cost  of 
each ; 

_  Eleventh,  The  amount  raised  in  the  district  by  tax  for  the  erec¬ 
tion  of  school  houses,  and  for  other  purposes,  authorized  in  this 
act,  and  such  other  information  as  he  may  deem  useful. 

.  Sec.  45.  Should  the  clerk  fail  to  file  his  reports,  as  above 
directed,  he  shall  forfeit  the  sum  of  twenty-five  dollars,  and  shall 
be  liable  to  make  good  all  loss  resulting  to  the  district  from  such 
failure,  suit  to  be  brought  in  both  cases  by  the  director,  in  the 
name  of  the  district,  on  his  official  bond. 

Sec.  46.  The  treasurer  shall  have  the  custody  of  all  moneys 
belonging  to  the  district,  and  shall  pay  out  the  same  upon  the 
order  of  the  clerk,  countersigned  by  the  director ;  and  shall  keep 


SCHOOL  LAWS.  23 

an  account  of  the  receipts  and  expenditures  thereof,  in  a  book 
provided  for  that  purpose. 

Sec.  47.  The  moneys  tor  the  payment  of  teachers  shall  be 
called  the  u  teachers’  fund,”  and  the  treasurer  shall  keep  distinct 
and  separate  accounts  with  them  ;  and  no  warrant  for  money  shall 
be  paid  by  the  treasurer  which  does  not  specify  the  fund  on  which 
it  is  drawn,  and  the  specific  use  to  which  it  is  to  be  applied. 

Sec.  48.  The  school  house  fund  shall  consist  only  of  taxes  col¬ 
lected  in  the  district;  and  all  other  school  moneys  belonging  to 
the  district  shall  go  to  the  teachers’  fund,  and  shall  be  applied 
to  no  other  use  except  to  pay  the  wages  of  school  teachers  in  the 
district. 

Sec.  49.  The  treasurer  shall  apply  for,  and  receive  all  money 
apportioned  to  the  district,  by  the  county  superintendent,  wrhen 
notified  of  said  apportionment. 

.  Sec.  50.  lie  shall  render  a  statement  of  the  finances  of  the 
district,  as  shown  by  the  records  of  his  office,  at  any  time  when 
required  by  the  district  board. 

School  Tax. 

Sec.  51.  The  county  commissioners  shall,  at  the  time  of  levy¬ 
ing  tax  for  county  purposes,  cause  to  be  levied  a  tax  for  the  sup¬ 
port  of  schools  within  the  county,  of  two  mills  on  the  dollar,  of 
the  assessed  value  of  all  taxable  property,  real  and  personal,  within 
the  county,  vvnich  shall  be  collected  by  the  county  collector,  at 
the  same  time,  and  in  the  same  manner  as  Territorial  and  county 
taxes  are  collected,  with  the  exception  that  it  shall  be  receivable 
in  cash  or  warrants  of  the  school.  The  county  treasurer  shall,  at 
all  times  hold,  subject  to  the  draft  of  the  proper  officers,  all  moneys 
belonging  to  teachers’  or  school  house  fund. 

Collection  of  Taxes. 

Sec.  52.  Whenever  a  sum  of  money  has  been  voted  by  a  dis¬ 
trict,  the  clerk  shall,  under  the  supervision  of  the  director,  make 
out  and  certify,  over  his  official  signature,  the  amount  of  money 
voted  in  his  district,  and  on  or  before  the  first  Monday  of  June,  in 
each  year,  cause  the  same  to  be  filed  in  the  office  of  the  clerk  of 
the  board  of  county  commissioners.  The  clerk  shall  also,  at  the 
same  time,  notify  the  county  assessor,  in  writing,  of  the  action  of 
the  district  meeting.  The  county  assessor  shall,  at  the  time  of 
making  the  county  assessment,  also  assess  the  property  of  each 
district  from  which  he  has  received  notification  as  aforesaid,  and 
return  to  the  county  clerk,  at  the  time  of  returning  the  county 
assessment  roll,  a  separate  roll  of  each  district  by  him  assessed, 
for  which  services  he  shall  receive  five  dollars  per  day  for  the  time 


24 


SCHOOL  LAWS. 

actually  employed  in  making  such  assessment,  which  sum  shall  he 
paid  out  of  the  treasury  ot  each  district  so  assessed. 

Sec.  53.  It  shall  be  the  duty  of  the  hoard  of  county  commis¬ 
sioners  to  see  that  the  amount  of  money  so  voted,  be  extended  by 
the  clerk  against  the  property  of  the  district,  in  making  out  the 
annual  tax  list,  arid  that  sufficient  tax  be  levied  upon  the  prop¬ 
erty  of  such  district,  returned  by  the  county  assessor,  to  make 
said  sum. 

Sec.  54.  The  taxes  and  assessments  ot  all  school  districts  for 
all  purposes,  except  as  otherwise  specially  provided  by  law,  shall 
be  collected  like  county  taxes,  and  all  delinquent  taxes  shall  be 
returned  by  the  collector  in  the  same  manner  as  other  delinquent 
taxes  are  required  by  law  to  be  returned. 

Sec.  55.  The  amount  of  tax  collected  by  the  county  collector 
shall  be  paid  over  to  the  county  treasurer  like  other  taxes,  and 
shall  be  held  by  said  county  treasurer  subject  to  the  draft  of  the 
county  superintendent,  and  shall  be  paid  over  accordingly ;  Pro¬ 
vided,  That  the  money  collected  on  the  district  tax  rolls  shall  be 
paid  by  the  collector  directly  to  the  treasurer  of  the  proper  dis¬ 
trict,  and  take  his  receipt  therefor. 

Miscellaneous  Provisions. 

Sec.  56.  It  shall  be  the  duty  of  the  teacher  of  every  district 
school,  or  graded  school,  to  make  out  and  tile  with  the  district 
clerk,  at  the  expiration  of  each  term  of  the  school,  a  full  report 
of  the  whole  number  of  scholars  admitted  to  the  school  during 
such  term,  distinguishing  between  male  and  female,  the  names 
of  such  scholars,  the  number  of  days  each  scholar  attended  the 
same,  the  aggregate  number  of  days’  attendance  of  said  schools, 
the  text  books  used,  the  branches  taught  and  the  number  of  pupils 
engaged  in  the  study  of  each  of  said  branches.  Any  teacher  who 
shah  neglect  or  refuse  to  comply  with  the  requirements  of  this 
section  shall  forfeit  his  or  her  wages  for  teaching  such  school,  at 
the  discretion  of  the  district  board. 

Sec.  57.  Every  school  district  clerk,  or  treasurer,  who  shall 
neglect  or  refuse  to  deliver  to  their  successors  in  office,  all  records 
and  books,  belonging  severally  to  their  offices,  shall  be  subject  to 
a  tine  not  exceeding  five  hundred  dollars. 

Sec.  58.  In  all  cases  where  suits  may  be  instituted  by,  or 
against,  any  of  the  school  officers  contemplated  or  created  by  this 
title,  to  enforce  any  of  the  provisions  herein  contained,  counsel 
may  be  employed,  if  necessary,  by  the  officer  instituting  the  suit, 
and  the  expense  of  the  suit  shall  be  borne  by  the  district,  county 
or  Territory  in  whose  name,  or  against  whom,  the  same  may  be 
instituted. 


SCHOOL  LAWS. 


25 


Sec.  59.  All  fines,  penalties  and  forfeitures  provided  by  this 
act,  may  be  recovered  by  action  in  the  name  of  the  people  of  the 
Territory  of  Wyoming,  for  the  use  of  the  proper  school  district  or 
county,  and  when  they  accrue,  belong  to  the  respective  districts  or 
counties  in  which  the  same  may  have  accrued ;  and  the  district 
treasurer  for  their  districts,  and  the  county  commissioners  of  their 
counties,  are  hereby  authorized  to  receive  and  apply  the  proceeds 
of  such  forfeitures  as  the  interest  of  the  permanent  fund  is  now, 
or  may  hereafter  be,  applied. 

Sec.  60.  Any  officer,  or  person  collecting  or  receiving  any 
tines,  forfeitures  or  other  moneys,  and  refusing  and  failing  to  pay 
over  the  same,  as  required  by  law,  shall  forfeit  double  the  amount 
so  withheld,  and  interest  thereon  at  the  rate  of  five  per  cent,  per 
month,  during  the  time  of  so  withholding  the  same. 

Sec.  61.  Every  county  superintendent  shall  be  paid  a  salary  of 
two  hundred  dollars,  payable  quarter  yearly  out  of  the  county 
treasury,  in  addition  to  allowance  for  expense  in  purchasing  books, 
stationery,  &c.,  necessary  to  said  office  ;  traveling  expenses  incurred 
in  the  discharge  of  his  official  duties,  an  account  of  which  expense 
shall  be  made  out  by  him  quarterly,  and  signed  and  sworn  to,  and 
laid  before  the  county  commissioners  at  their  meetings,  who,  after 
examining  the  same,  if  fonnd  correct,  shall  issue  on  the  county 
treasury,  warrants  for  the  amount  due. 

Sec.  62.  In  the  employment  of  teachers,  no  discrimination 
shall  be  made  in  the  question  of  pay  on  account  of  sex,  when  the 
persens  are  equally  qualified. 

Sec.  63.  That  £in  act  entitled  “  an  act  providing  for  the  organ¬ 
ization  of  school  districts,  schools,  and  for  other  purposes,”  being 
chapter  seven  of  the  laws  of  Wyoming,  1869,  approved  December 
10,  1869,  also  an  act  to  amend  an  act  entitled  “  an  act  providing 
for  the  organization  of  school  districts,  schools,  and  for  other  pur¬ 
poses,”  which  became  a  law  December  14,  1871,  be,  and.  the  same 
are  hereby  repealed. 

Sec.  64.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved,  December  12,  1873. 


[Note.— Sections  5,  0,  7,  13,21,  36,  44,  and  61,  were  amended  to  read  as  above,  by  act 
approved  December  11th,  187o. — Compilers.] 


26 


ASSESSMENT,  ETC. 


Assessment,  Etc, 


An  Act  to  provide  a  Territorial  and  County  Revenue. 

Be  it  enacted  by  the  Council  and  House  of  Representatives  of  the  Terri¬ 
tory  of  Wyoming  : 

Section  1.  There  shall  be  levied  and  assessed  upon  the  taxable 
real  and  personal  property  within  this  Territory  in  each  year,  the 
folio  win  o’  taxes  : 

O 

First ,  For  Territorial  revenue,  two  mills  on  the  dollar,  when  no 
rate  is  directed  by  the  Territorial  board  of  equalization  in  time  for 
the  purposes  of  this  act  as  hereinafter  provided;  but  in  no  case 
shall  the  tax  for  Territorial  purposes  exceed  three  mills  on  the 
dollar ; 

Second ,  For  county  revenue,  for  ordinary  county  expenses,  not 
more  than  five  mills  on  the  dollar ; 

Third ,  For  county  revenue,  for  support  of  the  poor  and  lunatic 
purposes,  not  more  than  two  mills  on  the  dollar ; 

Fourth ,  For  repairing  and  constructing  roads  and  bridges  under 
direction  of  the  county  comissioners,  not  more  than  two  mills  on 
the  dollar; 

Fifth ,  The  county  commissioners  of  each  county  shall  levy  a  tax 
sufficient  to  defray  the  expenses  of  the  district  courts  for  their 
respective  counties  during  each  year : 

Sixth ,  And,  in  addition  to  the  above,  they  shall  levy  a  poll  tax 
of  two  dollars  for  county  school  purposes,  and  they  may  also  levy 
a  tax  for  the  support  of  common  schools,  not  to  exceed  two  mills 
on  the  dollar ;  Provided ,  That  the  aggregate  tax  for  Territorial 
and  county  purposes  shall,  in  no  case,  exceed  fiifteen  mills  on  the 
dollar  per  annum. 

Sec.  2.  The  following  described  property  is  hereby  exempt 
from  taxation  : 

First,  The  projferty  of  the  United  States  and  of  this  Territory, 
the  property  of  any  county,  townships,  incorporated  towns,  and 
school  districts,  when  devoted  entirely  to  public  use,  public 
grounds,  by  whomsoever  donated  to  the  public,  including  all 
places  for  the  burial  of  the  dead  ; 


ASSESSMENT,  ETC.  27 

Second ,  F  ire  engines,  and  all  implements  used  for  extinguishing 
tires,  with  the  grounds  used  exclusively  for  the  buildings  of  a  tire 
company  or  companies ; 

Third,  All  grounds  and  buildings  of  literary  or  scientific  institu¬ 
tions  incorporated  under  the  laws  of  this  Territory.  Also  the 
grounds  and  buildings  of  benevolent,  agricultural  and  religious 
institutions  or  societies,  devoted  solely  to  the  appropriate  objects 
of  these  institutions,  not  exceedtng  three  acres  in  extent,  and  not 
leased  or  otherwise  used  with  a  view  to  pecuniary  profit ; 

Fourth ,  The  books,  papers,  furniture  and  apparatus  belonging 
to  the  above  institutions,  and  used  solely  for  the  purposes  above 
contemplated,  and  the  like  property  of  students  in  any  such  insti¬ 
tutions,  used  for  their  education.  Moneys  and  credits  belonging 
exclusively  to  said  institutions,  and  devoted  solely  to  sustaining 
them,  but  not  exceeding  in  amount  or  income  the  sum  prescribed 
in  their  charter; 

Fifth ,  Household  and  kitchen  furniture,  beds  and  bedding, 
wearing  apparel  of  every  person,  wool,  flax  and  tow,  intended  to 
be  manufactured,  and  the  food  provided  for  each  family,  not  to 
exceed  in  all,  the  value  of  one  hundred  dollars ; 

Sixth ,  The  polls  of  all  persons  who  have  arrived  at  the  age  of* 
fifty  years. 

Sec.  3.  All  other  property,  real  and  personal,  within  this  Ter¬ 
ritory,  is  subject  to  taxation  in  the  manner  herein  directed,  and 
this  section  is  intended  to  embrace  lands  and  lots  in  towns  includ¬ 
ing  lands  bought -from  the  United  States,  whether  bought  on  a 
credit  or  otherwise ;  buildings  or  improvements  erected  upon 
lands,  the  title  of  which  still  remains  in  the  United  States,  or  in 
any  incorporated  company.  Ferries,  franchises  and  toll  bridges, 
all  of  which,  for  the  purposes  of  this  act,  shall  be  considered  real 
property.  Horses  and  neat  cattle,  mules  and  asses,  sheep,  swine, 
goats,  and  all  dogs,  and  other  animals,  money  in  bank  bills,  coin 
or  gold  dust,  whether  in  possession  or  on  deposit,  property,  money 
or  labor,  due  from  solvent  debtors  on  contract,  or  on  judgment, 
and  whether  within  this  Territory  or  not;  mortgages  and  other 
like  securities,  stock  or  shares  in  any  bank  or  company,  incor¬ 
porated  or  otherwise,  and  whether  incorporated  by  this  or  any 
other  Territory  or  State,  and  whether  situated  in  this  Territory  or 
not;  public  stocks  or  loans,  household  furniture  not  otherwise 
exempt,  including  gold  and  silver  plate,  musical  instruments, 
watches  and  jewelry,  pleasure  carriages,  stages,  hacks,  omni busses 
and  other  vehicles  for  transporting  passengers,  wagons,  carts, 
drays,  sleds,  and  every  other  description  of  vehicle  or  carriage,  all 
real  and  personal  property  within  this  Territory,  of  every  kind 
and  description  not  heretofore  enumerated,  belonging  to  or  claimed 
by  any  incorporated  company,  whether  incorporated  in  this  Terri- 


28  ASSESSMENT,  ETC. 

tory  or  not,  annuities — but  not  including  pensions  from  the  United 
States,  or  any  State,  nor  salaries,  nor  payment  expected  for  services 
to  be  rendered, — and  all  other  property  not  above  exempted, 
although  not  herein  specified. 

Sec." 4.  The  term  “  credits,”  as  used  in  this  act,  includes  every 
claim  and  demand  for  money,  labor  or  other  valuable  things;  and 
every  annuity  or  sum  of  money  receivable  at  stated  periods,  and 
all  money  in  property  of  any  kind,  and  secured  by  deed,  mortgage 
or  otherwise ;  but  pensions  from  the  United  States,  or  any  State, 
and  salaries  or  payments  expected  for  services  to  be  rendered,  are 
not  included  in  the  above  term. 

Sec.  5.  Every  inhabitant  of  this  Territory,  of  full  age  and 
sound  mind,  shall  list  or  assist  the  assessor  in  listing  all  property 
subject  to  taxation  in  this  Territory,  of  which  he  is  hereinafter 
directed.  The  property  of  a  ward  is  to  be  listed  by  the  person 
having  the  property  in  charge  ;  if  a  majried  woman,  by  herself 
or  husband ;  if  a  beneficiary  for  whom  property  is  held  in  trust, 
by  the  trustee,  and  the  personal  property  of  a  decedent,  by  the 
executor;  of  a  body  corporate,  company,  society  or  partnership, 
whether  incorporated  or  formed  in  this  Territory,  or  not,  by  its 
principal  accounting  officer,  local  agent  or  partner  in  the  county 
where  the  property  is  located  ;  property  under  mortgage  or  lease, 
is  to  be  listed  by,  and  taxed  to,  the  mortgagor  or  lessor,  unless  it 
be  listed  by  the  mortgagee  or  lessee  ;  Prodded ,  That  in  all  cases 
where  a  railroad  is  located,  and  is  being  or  has  been  constructed 
in,  or  through,  any  county  of  this  Territory,  either  the  president, 
secretary,  general  superintendent,  division  superintendent,  general 
or  local  agent  of  any  kind,  of  the  corporation,  company  or  associ¬ 
ations  of  persons  owning  or  using  the  same  within  the  county, 
shall,  on  demand  made  by  the  county  assessor  of  any  county  of 
this  Territory,  in  or  through  which  said  road  is  being,  or  has  been, 
or  may  hereafter  be,  constructed,  be  compelled  to  furnish  such 
assessor  with  a  statement  in  writing,  under  oath  or  affirmation, 
duly  subscribed  and  sworn  to,  before  some  officer  authorized  by 
law  to  administer  oaths,  setting  forth  the  length  of  said  road  in 
such  county,  and  the  value  thereof,  with  a  list  of  the  property  real 
and  personal  pertaining  thereto,  also  the  whole  length  of  said  road 
within  this  Territory,  and  the  number  of,  and  value  of,  all  locomo¬ 
tives  and  cars,  commonly  known  as  “rolling  stock,”  used  on  said 
road  within  this  Territory,  an  apportionment  of  value  of  such 
rolling  stock  shall  be  listed  and  assessed  to  such  county,  the  same 
to  be  estimated  according  to  the  proportion  which  the  portion  in 
said  county  bears  to  the  length  of  said  railroad  withtn  this  Terri¬ 
tory.  The  assessor  receiving  such  statement  may  avail  himself 
of  other  evidence  under  oath,  and  is  hereby  authorized,  for  such 
purposes,  to  administer  oaths  relating  to  the  matter  of  such  assess¬ 
ment;  Provided ,  Reasonable  notice  of  the  time  and  place  of  tak- 


20 


ASSESSMENT,  ETC. 

ing  such  evidence  shall  he  served  upon  the  person  making  such 
statement,  or  on  some  officer  or  agent  of  any  kind,  of  the  corpo¬ 
ration  or  company,  or  upon  the  owners  of  said  railroad. 

Sec.  6.  The  demand  and  notice,  mentioned  in  the  preceding 
section,  and  elsewhere  in  this  act,  may  he  made  by  personal  service 
on  any  of  the  officers,  agents  or  other  persons  specified  in  said 
section,  or  by  depositing  in  the  post  office  such  written  demand  or 
notice,  properly  inclosed  in  a  letter,  postage  prepaid,  and  duly 
directed  to  such  corporation,  company  or  association  of  persons 

at  the  place  of  the  principal  office,  or  at  any  place  of  business 
of  such  railroad  company,  or  at  any  place  where  the  owners 
of  such  road  may  be  engaged  in  business,  and  the  word  u  rail¬ 
road  ”  and  “ road,”  when  applied  to  railroads  in  this  act,  shall 
be  held  to  include,  in  addition  to  the  track  of  said  railroad,  the 
land  owned  [covered]  by  the  right  of  way  of  such  railroad,  and 
all  improvements  of  any  kind,  of  said  corporation,  company  or 
owners,  thereon,  and  all  personal  property  owned  and  used  there¬ 
with. 

Sec.  7.  If  any  corporation,  company,  or  persons  owning  such 
railroad,  or  officers  or  agents  thereof,  shall  neglect  or  refuse  to 
furnish  a  statement  as  heretofore  required  in  this  act,  after  having 
had  either  personal  or  written  notice  as  specified  in  section  five, 
the  county  assessor  may  proceed  to  make  such  assessment  in  the 
most  available  manner,  and  if  any  person,  upon  whom  such 
demand  is  made,  neglects  or  refuses  to  furnish  such  statement  as 
required,  he  shall  be  subject  to  the  penalty  provided  by  this  act 
for  like  cases. 

Sec.  8.  In  all  cases  where  service  of  demand  or  notice  required 
by  this  act  is  made  by  letter,  as  heretofore  specified,  reasonable 
time  shall  be  deemed  to  be  double  the  length  of  time  required  for 
the  usual  transmission  of  letters  by  the  United  States  mail  from 
the  place  where  the  letter  is  deposited  to  the  place  where  it  is 
directed,  and  five  days  additional. 

Sec.  9.  All  land  or  lands  that  may  have  been,  or  that  shall 
hereafter  be,  acquired  by  any  person,  company  or  corporation,  by 
reason,  or  as  a  result,  or  condition,  of  any  treaty,  grant  or  sub¬ 
sidy,  whereby  full  and  complete  title  and  control  to  such  land  or 
lands  shall  have  been  obtained  and  possessed  by  such  person,  cor¬ 
poration  or  company,  shall  be  subject  to  taxation  as  real  property 
under  the  laws  of  this  Territory. 

Sec.  10.  Commission  merchants,  and  all  persons  trading  and 
dealing  on  commission,  and  consignees  authorized  to  sell,  when 
the  owner  of  the  goods  does  not  reside  in  the  county,  are,  for  the 
purposes  of  taxation,  to  be  deemed  the  owners  of  the  property  in 
their  possession,  and  shall  list  the  average  monthly  amount  of 
capital  in  trade  since  the  last  assessment. 


30 


ASSESSMENT,  ETC. 

Sec.  11.  All  personal  property  is  to  be  listed,  assessed  and 
taxed,  in  the  county  where  the  owner  resides  during  the  time 
appointed  for  the  assessment  and  collection  of  taxes  each  year, 
but  if  the  owner  resides  out  of  the  Territory,  it  is  to  be  listed  and 
taxed  where  it  may  then  be,  except  as  otherwise  provided  by  this 
act,  and  if  the  agent  or  person  having  charge  of  such  property 
neglect  or  refuse  to  list  it,  he  shall  be  subject  to  the  penalties  here¬ 
inafter  prescribed. 

Sec.  12.  Any  person  authorized  as  agent  or  attorney,  or 
required  in  any  way  to  list  property  for  another,  shall  list  it  in  the 
same  county  in  which  he  would  be  required  to,  if  it  were  his  own, 
except  as  otherwise  directed  by  law,  but  he  shall  list  it  separately 
from  his  own,  naming  the  person  or  estate  to  whom  it  belongs, 
but  the  undivided  property  of  a  person  deceased,  may  be  listed  as 
belonging  to  heirs,  without  enumerating  them. 

Sec.  13.  When  a  person  is  doing  business  in  more  than  one 
county,  the  property,  and  credits,  existing  in  any  one  of  the 
counties,  shall  be  listed  and  taxed  in  that  county,  and  the  credits- 
not  existing  in,  or  pertaining  especially  to  the  business  in,  any  one 
county,  shall  be  listed  and  taxed  in  that  where  the  principal  place 
of  business  may  be.  Any  individual  of  a  partnership,  is  liable 
for  the  taxes  due  from  the  firm. 

Sec.  14.  The  property  of  corporations  or  companies,  whether 
incorporated  or  formed  in  this  Territory  or  not,  constructing  or 
owning  canals,  ditches,  flumes,  railways,  telegraph  lines,  plank 
roads,  graded  roads,  turnpike  or  toll-roads,  bridges,  ferries,  and 
similar  improvements,  shall  be  assessed  to  the  company  or  corpo¬ 
ration,  and  may  be  ascertained  by  the  assessor  as  provided  for  in 
this  act  in  the  case  of  railroads,  or  in  the  best  manner  within  the 
power  of  such  assessor. 

Sec.  15.  Insurance  companies  of  every  description,  transact¬ 
ing  business  in  this  Territory,  either  by  agents  or  other  officers  or 
persons,  whether  such  company  be  incorporated  or  organized  in 
this  Territory  or  not,  shall  be  assessed  and  taxed  for  Territorial 
and  county  purposes  in  the  same  amount  and  at  the  same  rate  that 
all  other  property  is  taxed,  upon  the  amount  of  the  premiums 
taken  by  them  during  the  year  previous  to  the  listing,  in  the 
county  where  the  agent  conducts  that  business,  and  the  agent 
shall  render  the  list,  and  shall  be  personally  liable  for  the  tax,  and 
if  he  refuses  to  render  the  list,  or  to  swear  as  herein  required,  the 
amount  may  be  ascertained  and  assessed  as  provided  in  this  act, 
in  the  case  of  railroads  and  other  corporations. 

Sec.  16.  Shares  of  stock,  in  all  national  banks,  held  by  any 
person  or  persons  in  this  Territory,  shall  be  assessed  at  their  par 
value,  and  the  owner  or  owners  thereof,  shall  be  required  to  pay 
tax  thereon,  the  same  as  though  they  were  shares  in  banks  char¬ 
tered  and  incorporated  by  the  laws  of  this  Territory,  or  by  the 


ASSESSMENT,  ETC.  31 

laws  of  any  other  State  or  Territory;  Provided ,  No  discrimination 
shall  be  made  between  any  national  bank,  or  branch  of  any 
national  bank  or  [and]  any.  other  bank  doing  a  bank  business  in 
this  Territory. 

Sec.  IT.  All  taxable  property  is  to  be  listed  and  valued  each 
year,  and  real  property  is  to  be  assessed  at  its  true  value  in  money 
at  private  sale,  having  regard  to  its  quality,  locality,  natural  advan¬ 
tages,  the  general  improvements  in  the  vicinity,  and  all  other  ele¬ 
ments  of  its  value. 

Sec.  18.  Bank  notes,  and  the  stocks  of  corporations  and  com¬ 
panies,  shall  be  assessed  at  their  cash  value,  credits  shall  be  listed 
at  such  sum  as  the  person  listing  them  believes  will  be  received 
or  can  be  collected,  and  annuities,  at  the  value  which  the  person 
listing  believes  them  to  be  worth  in  money. 

Sec.  19.  In  making  up  the  amount  of  money  and  credits 
which  airy  person  is  required  to  list,  he  will  be  entitled  to  deduct 
from  the  gross  amount,  the  amount  of  all  bona  fide  debts  owing  by 
him,  but  no  acknowledgments  of  indebtedness,  not  founded  on 
actual  consideration,  and  no  such  acknowledgments  made  for  the 
purpose  of  being  so  deducted,  shall  be  considered  a  debt  within 
the  intent  of  this  section,  and  so  much  only  of  any  liability  of 
any  persons  as  security  for  another  shall  be  deducted  as  the  person 
making  the  list  believes  he  is  legally  or  equitably  bound  to  pay, 
and  so  much  only  as  he  believes  he  will  be  compelled  to  pay,  on 
account  of  the  inability  of  the  principal  debtor,  arid  if  there  are 
other  sureties  able  to  contribute,  then  so  much  only  as  he,  in 
whose  behalf  the  list  is  made,  will  be  bound  to  contribute,  but  no 
person  will  be  entitled  to  a  deduction  on  account  of  an  obligation 
of  any  kind  given  to  an  insurance  company  for  the  preminm  of 
insurance,  nor  on  account  of  an  unpaid  subscription  to  any  insti¬ 
tution  or  society,  nor  on  account  of  a  subscription  to,  or  instal¬ 
ment  payable  on,  the  capital  stock  of  any  company  or  corporation. 

Sec.  20.  Any  person  owning  or  having  in  his  possession  or 
control,  within  this  Territory,  with  authority  to  sell  the  same,  any 
personal  property  purchased  either  in  or  out  of  this  Territory, 
with  a  view  of  being  sold  at  an  advanced  price  or  profit,  or  which 
has  been  consigned  to  him  from  any  place  out  of  this  Territory, 
for  the  purpose  of  being  sold  within  the  same,  shall  be  held  to  be 
a  merchant,  for  the  purposes  of  this  act ;  such  property  shall  be 
listed  for  taxation,  and  in  estimating  the  value  thereof,  the  mer¬ 
chant  shall  take  the  average  value  of  such  property  in  his  posses¬ 
sion,  or  control,  during  the  year  next  previous  to  the  time  of 
listing;  and  if  he  has  not  been  engaged  in  that  business  so  long, 
then  he  shall  take  the  average  during  such  time  as  he  may  have 
been  so  engaged ;  and  if  he  be  commencing,  he  shall  take  the 
value  of  the  property  at  the  time  of  listing. 


6<) 


ASSESSMENT,  ETC. 


Sec.  21.  Any  person  who  purchases,  receives  or  holds  personal 
property  of  any  description,  for  the  purpose  ot  adding  to  the 
walue  thereof,  by  any  process  of  manufacturing,  refining,  purify¬ 
ing,  or  by  the  combination  of  different  materials,  with  a  view  of 
making  gain  or  profit  by  so  doing,  and  by  selling  the  same,  shall 
be  held  to  be  a  manufacturer  for  the  purposes  of  this  act,  and  he 
•shall  list  for  taxation,  the,  average  value  of  such  property  in  his 
hands,  estimated  as  directed  in  the  preceding  section,  but  the 
value  shall  be  estimated  upon  the  materials,  only,  entering  into 
the  combination  or  manufacture. 

Sec.  22.  On  the  first  Monday  in  May  in  each  year,  the  board 
of  county  commissioners  shall  furnish  each  assessor  with  suitable 
books  in  duplicate,  properly  ruled  and  headed,  in  which  to  enter 
the  following  items  : 

First,  The  name  of  the  individual,  corporation,  company,  society, 
partnership  or  firm,  to  whom  any  property  shall  be  taxable  ; 

Second ,  His  or  their  lands  by  township,  range,  section  or  part 
of  a  section,  and  where  such  part  is  not  a  legal  division  or  sub¬ 
division,  some  other  description  sufficient  to  identify  it,  and 
his  or  their  town  lots  or  parts  of  lots,  naming  the  town  in  which 
they  are  situated,  and  their  proper  description  by  number  and 
block,  or  otherwise,  according  to  the  system  of  numbering  in  the 
town ; 

Third ,  His  or  their  personal  property  by  the  following  particu¬ 
lars  :  Amount  of  capital  employed  in  manufactures;  amount  of 
capital  employed  in  merchandise;  number  and  value  of  horses; 
number  and  value  of  mules  and  asses  ;  number  and  value  of  neat 
cattle ;  number  and  value  of  sheep  and  goats ;  number  and  value 
of  swine ;  number  and  value  of  carriages  and  vehicles  of  every 
description ;  amount  of  money  and  credits ;  amount  of  all  per¬ 
sonal  or  other  property  not  herein  enumerated ;  other  property 
not  herein  enumerated  belonging  to  any  corporation  or  company, 
whether  incorporated  in  this  Territory  or  not ;  amount  of  clocks, 
watches,  jewelry,  gold  and  silver  plate ;  number  and  value  of 
musical  instruments ;  amount  of  taxable  household  furniture  ; 
amount  of  farming  utensils  and  mechanics’  tools ;  amount  in  stock 
or  shares  in  any  corporation  or  company ;  amount  of  all  other 
property  not  enumerated  ;  the  number  of  polls,  and  a  column  for 
remarks,  and  shall  also  provide  the  assessor  with  all  necessary 
books  and  blanks  required  to  carry  out  the  provisions  of  this  act. 

Sec.  23.  Each  assessor  shall  enter  upon  the  discharge  of  the 
duties  of  his  office,  as  soon  as  furnished  with  the  assessment  roll 
by  the  county  commissioners,  as  hereinbefore  provided,  and  shall, 
with  the  assistance  ot  each  person  required  by  law  to  list  property 
for  himself  or  for  another,  enter  in  the  books  furnished  him  for 
that  purpose,  all  kinds  of  property  specified  in  the  preceding  sec¬ 
tion,  or  that  may  be  subject  to  taxation;  entering  the  names  of 


ASSESSEENT,  ETC.  33 

the  persons  assessed  in  alphabetical  order,  so  far  as  practicable, 
by  allotting  to  each  letter  its  requisite  number  of  pages  in  each  of 
said  books.  He  shall  also  enter  in  a  separate  column  the  number 
of  adult  persons,  male  and  female,  and  the  number  of  children, 
male  and  female,  under  the  age  of  twenty-one  years,  in  his  county, 
and  each  assessor  shall,  on  or  before  the  first* Monday  in  July  111 
each  year,  return  the  assessment  book,  properly  footed  up,  to"  the 
clerk  of  the  board  of  county  commissioners. 

Sec.  24.  It  shall  be  the  duty  of  the  assessor  to  list  each  and 
every  person  in  his  county,  and  to  assess  all  the  property,  real  and 
personal,  therein,  as  required  in  this  act;  and  any  person  who 
shall  refuse  to  assist  in  making  out  a  list  of  his  property,  or  of 
•any  property  of  which  he  is  required  by  law  to  assist  in  listing, 
or  refuse  to  make  the  oath  or  affirmation  required  by  this  act, 
shall  forfeit  the  sum  of  two  hundred  dollars,  to  be  recovered  in 
the  name  of  the  county,  by  an  action  brought  in  the  district  court 
for  such  county,  by  the  board  of  county  commissioners;  and  when 
any  person  refuses  to  make  out  a  list  of  his  property,  which,  by 
law,  he  is  required  to  do,  the  assessor  shall  assess  such  person 
according  to  the  best  information  he  can  get  as  to  the  amount  of 
such  taxable  property  which  such  person  has. 

Sec.  25.  The  assessor  is  hereby  required  to  administer  the 
following  oath  or  affirmation  to  each  person  assessed:  “  You  do 
solemnly  swear  that  you  have  given  in  a  full  and  correct  inven¬ 
tory  of  all  taxable  property  owned  by  ^ou,  and ‘all  property  held 
by  you  as  agent,  guardian  or  otherwise,  which  you  are  required 
by  law  to  list,  to  the  best  of  your  knowledge  and  belief,  so  help 
you  God.”  And  in  case  any  one  refuses  to  take  said  oath,  the 
assessor  shall  note  the  fact  in  the  column  of  remarks  opposite  to 
such  person’s  name ;  and  should  it  afterwards  appear  that  such 
person  has  not  given  in  a  full  list  of  his  property,  or  that  under 
his  control,  any  property  so  omitted,  shall  be  entered  on  the  book 
at  double  the  ordinary  assessed  value  of  like  property,  and  shall 
be  taxed  accordingly. 

Sec.  26.  Each  assessor  shall  take  and  subscribe  an  oath,  to  be 
certified  by  the  officer  administering  it,  and  attached  to  the  assess¬ 
ment  roll,  which  oath  shall  be  in  substance  as  follows  :  “I,  A - 

B - ,  of  -  county,  solemnly  swear  that  the  value  of  all 

property,  money  and  credits,  of  which  a  statement  has  been  made 
and  verified  by  the  oath  of  the  person  required  to  list  the  same, 
[is]  truly  returned  as  set  forth  in  such  statement.  That  in  every 
case  where  I  have  been  required  to  ascertain  the  amount  or  value 
of  the  property  of  any  person,  corporation  or  company,  I  have 
diligently  and  by  the  best  means  in  my  power,  endeavored  to 
ascertain  the  true  amount  and  value,  and  that,  as  1  verily  believe, 
the  full  value  thereof  is  set  forth  in  the  annexed  return  ;  and  that 
in  no  case  have  I,  knowingly,  omitted  to  demand  of  any  person  of 


34  ASSESSMENT,  ETC. 

wliom  I  was  required  to  make  it,  a  statement  of  the  amount  and 
value  of  his  property,  which  he  was  required  by  law  to  list,  nor 
in  any  way  connived  at  any  violation  or  evasion  of  any  of  the 
requirements  of  the  law,  in  relation  to  the  assessment  of  property 
for  taxation.” 

Sec.  27.  That  the  asssessor  of  each  county  shall  receive  for  his 
services  eight  dollars  per  day  for  the  time  actually  employed,  and 
actual  cost  for  transportation  over  railroads  or  stage  lines,  said 
claims  to  be  audited  by  the  county  commissioners.  If  any  assessor 
shall  fail  or  neglect  to  perform  any  of  the  duties  required  of  him 
by  this  act  at  the  time  and  in  the  manner  herein  specified,  he 
shall  he  liable  to  a  fine  of  not  less  than  twenty  dollars,  nor  more 
than  five  hundred  dollars,  to  be  recovered  in  an  action  brought  in 
the  district  court  by  the  board  of  county  commissioners.  The 
judgment  shall  be  against  him  and  his  sureties  on  his  official 
bond. 

Sec.  28.  The  board  of  county  commissioners  of  each  county, 
shall  constitute  a  board  for  the  equalization  of  the  assessment  of 
the  several  persons  in  the  county,  substantially  in  the  same  manner 
as  is  required  by  the  Territorial  board  of  equalization,  to  equalize 
amonof  the  several  counties  of  the  Territory,  as  near  as  rnav  be, 
and  they  shall  hold  a  special  meeting  at  the  office  of  the  county 
clerk,  at  the  county  seat,  within  five  days  after  return  of  the 
assessment  roll  in  each  year,  and  shall  have  the  right  to  adjourn 
such  meeting  from  day  to  day  for  not  more  than  ten  days,  and  at 
such  meeting  they  shall  add  to  said  assessment  any  taxable  prop¬ 
erty  in  the  county  not  included  in  the  assessment  as  returned  by 
the  assessor,  and  shall  assess  the  value  thereof,  and  shall  hear  anil 
determine  the  complaint  of  all  persons  feeling  aggrieved  by  the 
assessment  of  their  property  as  returned  by  the  assessor,  and,  for 
the  purpose  of  equalizing  the  assessment  roll,  may  increase,  dimin¬ 
ish,  or  otherwise  alter  and  correct,  any  assessment ;  Provided ,  It 
shall  be  the  duty  of  the  clerk  of  the  board  of  county  commis¬ 
sioners  of  each  county,  to  give  notice  to  each  person,  company,  or 
corporation  whose  assessment  has  been  raised  by  the  board  of 
equalization,  stating  the  amount  of  such  “  raise,”  or  increase  of 
assessment,  or  the  agent  or  agents,  or  any  one  of  them,  or  the 
attorney  of  any  person,  company  or  corporation,  affected  by  such 
“  raise,”  or  increase  of  assessment,  as  aforesaid.  Such  notice  may 
be  given  by  personal  service  or  by  statement,  either  written  or 
printed,  postage  pre-paid,  and  properly  addressed  to  such  person, 
company  or  corporatian,  or  to  the  agent  or  agents,  or  attorney,  or 
any  one  of  them,  either  of  whom  may  appear  before  the  board  of 
county  commissioners,  at  their  next  regular  meeting,  and,  upon 
evidence  satisfactory  to  the  board  of  county  commissioners,  that 
the  assessment  or  any  part  thereof  is  unjust,  or  more  than  the 
actual  cash  value  ol  such  property  so  assessed,  the  board  of  county 


ASSESSMENT,  ETC. 


3> 


commissioners  shall  abate  such  tax  in  proportion  to  such  unjust 
erroneous  assessment;  Provided ,  It  is  evident  to  the  board  of 
county  commissioners  that  no  part  of  such  claimant’s  taxable 
property  has  been  omitted  or  undervalued  in  the  original  assess¬ 
ment,  or  by  the  board  ot  equalization,  tor  the  year  or  years  for 
which  such  claim  or  claims  are  made. 

Sec.  29.  Any  person  who  may  feel  aggrieved  at  anything  in  the 
assessment  of  his  property,  may  appear  before  the  board  of  equal¬ 
ization,  either  in  person  or  by  agent,  within  the  time  mentioned  in 
the  preceding  section,  and  have  the  same  corrected  in  such  manner 
as  to  said  board  shall  seem  just  and  equitable,  and  it  shall  be  the 
duty  ot  the  assessor  of  each  county,  when  assessing,  to  give  each 
person  assessed  a  printed  notice  of  the  time  and  place  when  and 
where  said  board  of  equalization  is  to  meet,  as  heretofore  specified. 

Sec.  30.  Immediately  after  the  assessment  roll  is  corrected  by 
the  board  of  equalization,  the  county  clerk  is  required  to  make 
out  an  abstract  thereof  containing  the  whole  number  of  acres  of 
land  listed  in  the  county,  and  the  aggregate  value  of  the  same ; 
the  total  valuation  of  the  town-lots,  the  whole  number  of  horses 
and  their  total  value;  the  whole  number  of  mules  and  asses  and 
their  total  value;  the  whole  number  of  neat  cattle  and  their  total 
value ;  the  whole  number  of  sheep  and  their  total  value ;  the 
whole  number  of  swine  and  their  total  value;  the  whole  number 
of  goats  and  their  total  value;  the  whole  number  of  musical 
instruments  and  their  total  value ;  the  whole  number  and  value 
of  clocks,  watches,  jewelry,  gold  and  silverplate ;  the  total  amount 
of  capital  employed  in  merchandise ;  the  total  amount  of  capital 
employed  in  manufactures;  the  total  amount  of  taxable  household 
furniture ;  the  total  amount  of  taxable  farming  utensils,  and 
mechanic’s  tools ;  total  value  of  stock  and  shares  in  any  corpora¬ 
tions  or  companies ;  total  number  and  value  of  carriages  and 
vehicles  of  every  description ;  total  amount  of  all  personal  or 
other  property,  herein  enumerated,  belonging  to  corporations  or 
companies ;  the  gross  amount  of  all  other  property  returned  not 
herein  enumerated  ;  the  total  amount  of  money  and  credits  and 
the  total  amount  of  premiums  of  any  and  all  insurance  companies ; 
a  copy  of  which  abstract,  the  clerk  is  directed  to  transmit  forth¬ 
with  to  the  auditor  of  the  Territory ;  but  the  "board  of  county 
commissioners  are  authorized  to  diminish  or  add  to  the  above  list, 
and  to  require  such  different,  or  further  matters,  to  be  returned 
as  it  deems  advisable. 


Sec.  31.  The  governor,  treasurer  and  auditor  of  the  Territory, 
or  a  majority  of  them,  shall  constitute  a  board  of  equalization  of 
taxes  for  the  Territory.  They  shall  hold  a  session  at  the  office  of 
the  governor,  at  the  capital  of  the  Territory,  on  the  fourth  Mon¬ 
day  of  July  in  each  year,  and  it  shall  be  the  duty  of  said  board 


t 


to  examine  the  various  assessments  as  far  as  regards  the  Terri¬ 
torial  tax,  and  shall  equalize  the  valuation  of  real  property  among 
the  several  counties  and  towns  in  the  Territory  in  the  following 
manner : 


First ,  They  shall  add  to  the  aggregate  valuation  of  real  prop¬ 
erty  in  each  county,  which  they  shall  believe  to  be  valued  below 
its  proper  valuation,  such  per  centum  in  each  case,  as  will  raise 
the  same  to  its  proper  valuation; 

Second.,  They  shall  deduct  from  the  aggregate  valuation  of  real 
property  of  each  county,  which  they  shall  believe  to  be  valued 
above  its  proper  valuation,  such  per  centum  in  each  case  as  will 
reduce  the  same  to  its  proper  valuation. 

Sec.  32.  Said  auditor  shall  keep  a  full  record  of  the  proceed¬ 
ings  of  said  meetings ;  immediately  after  the  adjournment  of 
which,  he  shall  transmit  to  the  countv  clerk  of  each  county,  a 
statement  of  the  per  centum  to  be  added  to,  or  deducted  from  the 
valuation  of  real  property  in  his  county,  and  shall,  on  or  before 
the  second  Monday  of  August  in  each  year,  notify  each  county 
clerk  of  the  rate  of  Territorial  tax  that  has  been  determined  upon 
by  said  governor,  treasurer  and  auditor,  to  be  levied  and  collected 
in  each  county,  which  shall  not  exceed  three  mills  on  the  dollar  of 
valuation,  and  when  the  Territorial  board  of  equalization  tixes  no 
different  rate,  or  if,  for  any  reason,  the  board  shall  fail  to  sit,  or 
the  county  clerk  should  fail  to  receive  the  statement  of  the  rate 
of  tax  ordered  by  them,  by  the  second  Monday  of  August  in  each 
year,  then  the  rate  first  mentioned  in  this  act  shall  be  deemed  to 
be  levied  for  Territorial  purposes,  and  the  clerk  of  each  county, 
in  making  up  the  tax  list  required  by  section  thirty  of  this  act, 
shall  compute  and  carry  out  in  the  proper  column,  a  Territorial 
tax,  at  the  rate  aforesaid.  Any  clerk  failing  to  perform  any  duty 
enjoined  upon  him  by  this  act,  may  be  fined  in  any  sum  not  less 
than  five  hundred  dollars,  nor  more  than  three  thousand  dollars, 
to  be  recovered  against  him  and  his  sureties  by  an  action  of  debt 
in  the  name  of  the  people  of  the  Territory  of  Wyoming,  and 
shall  also  be  liable  on  his  official  bond  to  any  person  who  may 
have  suffered  damage  thereby. 


Sec.  33.  Omthe  fourth  Monday  in  August  in  each  year,  the 
board  of  county  commissioners  shall,  by  an  order  to  be  entered 
of  record  among  the  proceedings,  levy  the  requisite  taxes  for 
the  year,  and  the  same  may  be  levied  at  any  time  prior  to  the 
fourth  Monday  in  August,  if  the  statement  and  notice  required  bi¬ 
section  thirty-two  of  this  act  has  been  received  from  the  auditor. 
Immediately  after  the  taxes  are  levied,  the  county  clerk  shall 
make  out  a  tax  list  in  tabular  form  and  in  alphabetical  order,  hav¬ 
ing  distinct  columns  for  lands,  and  for  town  lots,  and  their  value, 
and  for  the\alue  ot  personal  and  other  property,  and  for  carrying 


37 


ASSESSMENT,  ETC. 

out,  in  a  column  by  itself,  the  amount  of  each  different  tax,  and 
having  one  or  more  columns  for  delinquent  taxes.  Such  list  may 
be  in  the  following  form  : 

o 


<v 

£ 

C3 

fc 

to 

© 


e 

o 


© 

o 

j: 


l  Prs’ty. 
In.  e.  1 4 

W.H 

N.  e.U 


© 

fccl 


K 


d  o 
6  4 


I 

o 

i  H 


© 


1601 

sol 


©.  I 

c  « 

©  w 


a  © 
*> 

:  J— t 


o 

© 


100 


^5 

© 

G. 

o 

u 

PP 

s* 

© 


r * 

5 

7c 

c 

OQ 

In 

© 


100 


o 


© 

H 


50 

150 

50 

50 

100 


X 

03 

H 


o 

u 


500 

1500 

500 

500 

1000 


■ji 

© 


cS 

o 

o 

(h 


200 

600 


200 

400 


50 

© 

fcc 


PQ 

73 


O 

r A 


©a 

S- 

5 

o 

o 

-u 

© 


— ' 

cc 

•  r-H 

P 


200  400 
600  1200 


X 

ci 

H 

<— H 

G 

O 

r* 

© 

CC 


100 

500 


200  200  400'  100 


200 

.400 


400  100 
800  200 


•© 


5C 

jsj 

c3 

n 

c 

© 

Ph 


Sec.  34.  An  entry  is  required  to  be  made  upon  the  tax  list,  by 
the  county  clerk,  in  the  form  of  a  certificate,  under  seal,  showing 
what  it  is,  and  for  what  county  and  year  it  is,  and  he  shall  also 
attach  to  this  list  his  warrant,  under  his  hand  and  official  seal,  in 
general  terms  requiring  the  collector  to  collect  the  taxes  therein 
levied,  according  to  law  ;  and  no  informality  in  the  above  require¬ 
ments  shall  render  any  proceeding  for  the  collection  of  taxes 
illegal.  The  clerk  is  required  to  deliver  the  list,  or  cause  the  same 
to  be  delivered,  to  the  collector  of  the  county  by  the  first  Monday 
of  September  in  each  year,  and  the  collector’s  receipt  shall  he 
taken  therefor,  and  such  list  shall  be  full  and  sufficient  authority 
for  the  collector  to  collect  all  taxes  therein  contained. 

Sec.  35.  The  collector,  on  receiving  the  tax  list  and  warrant, 
shall  proceed  immediately  to  collect  the  taxes  therein  levied,  and 
the  list  and  warrant  thereto  attached  shall  be  his  authority  and 
justification  against  any  illegality  in  the  proceedings,  prior  to 
receiving  the  list.  lie  shall  be  required  to  call  upon,  and  demand 
from,  each  taxpayer  named  in  the  list  the  amount  of  his,  her  or 
their  tax,  as  therein  specified,  before  the  first  Monday  of  October, 
following  his  receipt  of  said  list,  and  he  is  also  authorized  and 
required  to  collect,  as  far  as  practicable,  the  taxes  remaining 
unpaid  on  the  list  of  former  years ;  the  collecter  shall  receipt  to 
each  person  or  corporation  for  the  amount  of  tax  received  by  him 
from  them,  specifying  therein  each  kind  of  tax,  and  when  the 
same  was  paid,  and  shall  make  the  proper  entries  ot  such  payment 
on  the  tax  list. 


38 


ASSESSMENT,  ETC. 

Sec.  36.  Territorial  warrants  are  receivable  for  the  full  amount 
of  taxes  payable  into  the  Territorial  treasury;  money,  only,  is 
receivable  at  the  county  treasury  of  the  proper  county  for  poll  tax 
and  school  tax;  all  other  county  taxes  may  he  paid  in  county 
warrants.  When  a  Territorial  or  county  warrant,  of  any  kind,  is 
received  by  the  collector  for  taxes,  he  is  directed  to  indorse  on  it 
the  name  of  the  person  from  whom  he  received  it,  the  amount  for 
which  it  was  received,  and  the  date  thereof,  and  from  that  date  the 
warrant  is  to  be  regarded  as  canceled,  and  cannot  be  re-issued,  but 
when  the  count)  warrant  amounts  to  more  than  is  to  be  paid  by  the 
person  presenting  it  for  taxes,  the  collector  will  give  him  a  certifi¬ 
cate  of  the  balance  due  him,  which  shall  entitle  him  to  another 
warrant  on  the  same  fund  as  the  original  warrant,  on  presentation 
of  said  certificate  to  the  board  of  county  commissioners. 

Sec.  37.  If,  on  the  assessment  roll,  or  on  the  tax  list,  there  be 
any  error  in  the  name  of  a  person  taxed,  the  name  may  be  changed, 
and  the  tax  collected  from  the  person  intended,  if  he  be  taxable, 
and  can  be  identified  by  the  collector  or  assessor;  and  when  the 
collector,  after  the  tax  list  is  committed  to  him,  ascertains  that  any 
land  or  other  property  is  omitted,  he  will  report  the  fact  to  the 
assessor,  who,  upon  being  satisfied  thereof,  will  enter  it  upon  his 
assessment  roll,  and  assess  the  value,  and  the  collector  will  enter 
it  upon  the  tax  list,  and  collect  the  tax  as  in  other  cases. 

Sec.  38.  It  shall  be  the  duty  of  every  person  subject  to  taxa¬ 
tion,  at  some  time  before  the  time  mentioned  in  section  thirty-five 
of  this  act,  to  pay  his,  or  her,  or  their  taxes,  and  if  any  one  neglect 
or  refuse  to  pay  them  before  said  first  Monday  in  October  follow¬ 
ing  the  levy  of  the  tax,  the  collector  is  directed,  and  shall  make 
the  same  by  distress  and  sale  of  his,  her,  or  their  personal  property, 
excepting  such  .as  is  exempt  from  taxation,  and  the  tax  list  alone 
shall  be  a  sufficient  warrant  for  such  distress. 

Sec.  39.  YV  hen  the  collector  distrains  goods,  he  may  keep 
them  at  the  expense  of  the  owner,  and  shall  give  notice  of  the 
time  and  place  of  their  sale,  within  five  days  after  the  taking,  in 
the  manner  constables  usually  are  required  to  give  notice  of  the 
sale  of  personal  property  under  execution,  and  the  time  of  sale 
shall  not  be  more  than  ten  days  from  the  day  of  the  taking,  but 
he  may  adjourn  the  sale  from  time  to  time,  not  exceedingMiree 
days,  and  shall  adjourn  at  once  when  there  are  no  bidders,  and,  in 
case  of  an  adjournment,  he  shall  . put  up  a  notice  thereof  at  the 
place  of  sale.  Any  surplus  remaining  above  the  taxes,  charges  of 
keeping,  transportation  and  fees  of  sale,  shall  be  returned  to  the 
owner,  and  the  collector  shall,  on  demand,  render  an  account  in 
writing  of  the  sale  and  all  charges. 

Sec.  40.  It  the  collector  be  resisted  or  impeded  in  the  execu¬ 
tion  of  his  office,  he  may  require  any  suitable  person  or  persons 


ASSESSMENT,  ETC. 


39 


to  aid  mm  therein,  and  it  such  person  or  persons  refuse  to  give 
such  aid,  he,  or  each  of  them,  shall  forfeit  a  sum  not  exceeding 
ten  dollars,  to  be  recovered  by  civil  action  in  the  name  of,  and  to 
the  use  ot  the  county,  before  any  justice  of  the  peace,  on  the 
complaint  of  said  collector,  or  any  other  person,  and  the  person 
or  persons  resisting  shall  be  liable,  as  in  the  case  of  resisting  the 
sheriff  in  the  execution  of  civil  process. 

Sec.  41.  On  the  first  Monday  of  November  in  each  year  the 
unpaid  taxes  of  that  year  become  delinquent,  and  shall  draw 
interest  at  the  rate  ot  twenty-five  per  centum  per  annum  until  paid, 
or  collected  by  distress  and  sale,  and  taxes  upon  real  property  are 
hereby  made  a  perpetual  lien  thereupon,  against  all  persons  or 
corporations  except  the  United  States  and  this  Territory,  and 
taxes  due  from  any  person  on  personal  property,  shall  be  a  lien  on 
any  real  property  owned  by  such  person. 

Sec.  42.  On  the  third  Monday  of  November  in  each  year,  the 
county  collector  shall  make  a  final  settlement  with  the  county 
treasurer,  and  shall  return  a  list  of  all  unpaid '  taxes,  and  the 
taxes  collected,  after  deducting  five  per  cent,  thereof  for  his 
services  in  collecting  the  same,  and  thereafter  all  delinquent  taxes 
shall  be  payable  to  the  county  treasurer,  and  each  collector  shall, 
also,  at  least  once  in  each  week  during  the  time  he  is  collecting, 
pay  over  to  said  treasurer  the  amount  of  money  then  in  his  hands 
payable  to  said  treasurer,  under  any  existing  laws  of  this  Terri¬ 
tory,  taking  the  receipt  of  the  treasurer  for  the  same,  and  if  any 
collector  shall  fail  or  refuse  to  make  any  payment  or  settlement 
required  by  law,  he  may  be  fined  in  any  sum  not  less  than  one 
thousand  dollars,  nor  more  than  five  thousand  dollars,  to  be 
recovered  by  action  of  debt  by  the  board  of  county  commissioners 
in  the  name  of,  and  to  the  use  of  the  people  of  the  Territory  of 
Wyoming. 

Sec.  43.  In  all  cases  where  any  person  shall  pay  any  tax,  or 
any  portion  thereof,  that  shall  thereafter  be  found  to  be  erroneous 
or  illegal,  whether  the  same  be  owing  to  clerical  or  other  errors, 
the  board  of  county  commissioners  shall  direct  the  treasurer  to 
refund  the  same  to  the  tax-payer,  or  in  case  any  real  property, 
subject  to  taxation,  shall  be  sold  for  the  payment  of  such  errone¬ 
ous  tax,  the  error  in  tax  may  at  any  time  be  corrected  as  above 
provided,  and  shall  not  affect  the  validity  of  the  sale,  but  such 
property  shall  be  redeemed  by  the  county  as  hereinafter  set  forth. 

Sec.  44.  The  treasurer  shall  give  notice  of  the  sale  of  real 
property  for  delinquent  taxes,  by  publication  thereof,  once  a  week 
for  four  weeks,  in  a  newspaper  in  his  county,  if  there  be  one,  the 
first  insertion  of  which  notice  shall  be  at  least  four  weeks  before 
the  day  of  sale, and  by  a  written  notice  posted  on  the  door  of  the 
court  house,  or  building  commonly  used  therefor,  for  four  weeks 


40  ASSESSMENT,  ETC. 

before  the  sale,  and  if  there  be  no  newspaper  published  in  the 
county,  the  like  notice  shall  be  given  by  posting  one  written  notice 
in  each  of  the  most  public  places  in  the  county  in  which  any  land 
to  be  sold  is  situated,  and  one  on  the  court  house  door,  or  door  of 
the  county  building.  Such  notice  shall  contain  a  notification  that 

all  lands  on  which  the  taxes  of - have  not  been 

paid,  will  be  sold,  and  the  time  and  place  of  such  sale,  with  a  list 
of  the  lands.  Ten  per  cent,  upon  the  amount  of  taxes  due  shall 
be  added  when  lands  are  advertised. 


Sec.  45.  Such  sale  is  directed  to  take  place  at  the  court  house 
or  county  building,  as  herein  provided,  between  the  hours  of  nine 
o’clock  in  the  forenoon  and  five  o’clock  in  the  afternoon,  and  may 
be  adjourned  from  day  to  day,  Sundays  excepted,  until  all  the 
lands  are  sold. 

Sec.  46.  The  purchaser  who  offers  to  pay  the  amount  of  taxes 
due  on  any  parcel  of  land  for  the  smallest  portion  of  the  same,  is 
to  be  eonsidered  the  purchaser.  The  homestead  is  liable  to  be 
sold  for  no  tax  save  that  which  is  due  on  itself  exclusively,  and  to 
that  end  the  quantity  of  land  bid  in  may  be  obtained  by  drawing 
the  division  line  in  any  direction,  so  as  to  avoid  the  homestead. 


Sec.  47.  The  person  purchasing  any  lot  or  parcel  of  land  shall 
forthwith  pay  the  treasurer  the  amount  of  taxes  and  costs  on 
said  lot  or  parcel  of  land,  and  on  failure  to  do  so,  said  land  shall 
at  once  be  sold  again,  in  the  same  manner  as  if  no  sale  had  been 
made. 

Sec.  48.  Ho  irregularity  or  informality  in  the  advertisements, 
shall  affect  in  anv  manner,  the  legalitv  of  the  sale,  or  the  title  to 
any  real  property  conveyed  by  the  treasurer’s  deed  under  this  act, 
but  in  all  cases  the  provisions  of  this  act  shall  be  deemed  sufficient 
notice  to  the  owners  of  the  sale  of  their  property. 

Sec.  49.  The  county  treasurer  shall  make  out,  sign  and  deliver 
to  the  purchaser  of  any  real  property  sold  for  the  payment  of 
taxes  as  aforesaid,  a  certificate  of  purchase,  describing  the  property 
on  which  the  taxes  and  costs  were  paid  by  the  purchaser,  as  the 
same  are  described  in  the  record  of  sale,  and  also  how  much  and 
what  of  each  lot  or  parcel  of  land  was  sold.  If  any  person  shall 
become  the  purchaser  of  more  than  one  lot  or  parcel  of  land,  he 
may  have  the  whole  put  in  one  certificate.  For  each  certificate, 
the  purchaser  shall  pay  the  treasurer  a  fee  of  fifty  cents. 

Sec.  50.  Such  certificate  of  purchase  shall  be  assignable  by 
indorsement,  and  such  assignment  shall  vest  in  the  assignee,  or 
his  legal  representatives,  all  the  right  and  title  of  the  "original 
purchaser. 


Sec.  51.  Ileal  property  sold  under  this  act  may  be  redeemed 
at  any  time  before  the  expiration  of  two  years  from  and  after  the 


ASSESSMENT,  ETC. 


41 


‘late  ot  the  sale,  by  the  payment  to  the  treasurer  of  the  proper 
eounty,  to  be  held  by  him  subject  to  the  order  of  the  purchaser, 
of  the  amount  for  which  the  same  was  sold,  and  thirty  per  cent, 
on  the  same,  with  twelve  per  cent,  interest  per  annum  on  the 
whole  amount,  from  the  day  of  sale,  and  the  amount  of  all  taxes 
accruing  after  such  sale,  with  twelve  per  cent,  interest  per  annum 
on  such  subsequent  taxes,  unless  such  subsequent  taxes  have  been 
paid  by  the  person  for  whose  benefit  the  redemption  is  made, 
which  fact  may  be  shown  by  the  collector’s  receipt;  Provided , 
That  if  real  property  of  any  minor,  married  woman,  or  lunatic,  be 
sold  for  taxes,  the  same  may  be  redeemed  at  any  time  within  one 
year  after  such  disability  be  removed  upon  the  terms  specified  in 
this  section,  which  redemption  may  be  made  by  the  guardian 
or  legal  representatives. 

Sec.  52.  The  county  treasurer  shall,  upon  application  of  any 
party  to  redeem  any  real  property  sold  under  the  provisions  of 
this  act,  and  being  satisfied  that  such  party  has  a  right  to  redeem 
the  same,  and  upon  the  payment  of  the  proper  amount,  issue  to 
such  party  a  certificate  of  redemption,  setting  forth  the  facts  of 
the  sale  substantially  as  contained  in  the  certificate  of  sale,  the 
date  of  the  redemption,  the  amount  paid,  and  by  whom  redeemed, 
and  he  shall  make  the  proper  entries  in  the  book  of  sales  in  his 
office,  and  shall  immediately  give  notice  of  such  redemption  to 
the  person  holding  the  certificate  of  purchase. 

Sec.  53.  Immediately  after  the  expiration  of  the  term  of  two 
years  from  the  date  of  the  sale  of  any  lands  for  taxes,  under  the 
provisions  of  this  act.  which  have  not  been  redeemed,  the  treas¬ 
urer  then  in  office  shall  make  out  a  deed  for  each  lot  or  parcel  of 
land  sold  and  remaining  unredeemed,  and  deliver  the  same  to  the 
purchaser;  upon  the  return  of  the  certificate  ot  purchase,  the 
treasurer  is  required  to  demand  two  dollars  for  each  deed  made 
by  him  on  such  sales  ;  but  any  number  of  parcels  of  land  bought 
by  one  person  may  be  included  in  one  deed,  as  may  be  desired  bv 
the  purchaser. 

Sec.  54.  Deeds  executed  bv  the  treasurer  shall  be  substantially 
in  the  following  form  : 

Know  all  men  by  these  presents,  that  whereas,  the  following 
described  real  property,  viz  :  (here  insert  the  description)  situated 

in  the  county  of - - — ,  and  Territory  of  Wyoming,  was  subject 

to  taxation  for  the  year  (or  years)  A.  D. - ;  and  whereas  the 

taxes  assessed  upon  said  real  property  for  the  year  (or  years) 
aforesaid,  remained  due  and  unpaid  at  the  date  of  such  sale  here¬ 
inafter  named,  and  whereas  the  treasurer  of  the  said  county  did 

on  the - day  of - ,  A.  D.  18 — ,  by  virtue  of  the  authority 

vested  by  law,  at  (an  adjourned  sale),  the  sale  begun  arid  publicly 

held  on  the - — ,  A.  I).  18 — ,  expose  to  public  sale  at  the  court 

—4 


42 


ASSESSMENT,  ETC. 

house  (or  county  building)  in  the  county  aforesaid,  in  substantial 
conformity  with  all  the  requisitions  of  the  statute  in  such  case 
made  and  provided,  the  real  property  above  described,  for  the 
payment  of  the  taxes,  interest  and  costs  then  due,  and  remaining 
unpaid  on  said  property,  and  whereas  at  the  time  and  place  afore¬ 
said,  A.  B.,  of  the  county  of - ,  and  -  of  ? — , 

having  ottered  to  pay  the  sum  of 


dollars  and 


cents, 


being  the  whole  amount  of  taxes,  interest  and  costs  then  due  and 
remaining  unpaid  on  said  property  for  (here  follows  a  description 
of  the  property  sold)  which  was  the  least  quantity  bid  for,  and  pay¬ 
ment  of  said  sum  having  been  made  by  him  to  the  said  treasurer, 
the  said  property  was  stricken  off  to  him  at  that  price  (and 

whereas  the  said  A.  B.  did,  on  the - day  of - ,  A.  D., 

18 — ,  duly  assign,  the  certificate  of  the  sale  of  the  property  as 
aforesaid,  and  all  his  right,  title  and  interest  to  said  property,  to 

C.  D.,  of  the  county  of - ,  and - of - ) ;  and, 

whereas,  two  years  have  elapsed  since  the  date  of  said  sale,  and  the 
said  property  has  not  been  redeemed  therefrom,  as  provided  for 
bylaw;  now,  therefore,  I,  E.  F.,  treasurer  of  the  county  afore¬ 
said,  for  and  in  consideration  of  the  said  sum  to  the  treasurer 
paid,  as  aforesaid,  and  by  virtue  of  the  statute  in  such  case  made 
and  provided,  have  granted,  bargained  and  sold,  and  by  these 
presents  do  grant,  bargain  and  sell,  unto  the  said  A.  B.  (or  C.  I).) 
his  heirs  and  assigns,  the  real  property  last  hereinbefore  described, 
to  have  and  to  hold  unto  him,  the  said  A.  B.,  (or  C.  D.)  his  heirs 
and  assigns  forever,  subject,  however,  to  all  the  rights  of  redemp¬ 
tion  provided  by  law. 

In  witness  whereof  I,  E.  F.,  treasurer,  as  aforesaid,  by  virtue 
of  the  authority  aforesaid,  have  hereunto  subscribed  my  name, 
on  this - -  day  of - ,  A.  I).,  18 — . 

E.  F.,  treasurer. 

Which  deed  shall  be  acknowledged  by  the  treasurer  before  the 
clerk  of  the  district  court,  as  follows  : 

Territory  of  Wyoming,  ) 

- county.  f  ,s'* 

L  hereby  certify,  that  before  me  the  undersigned, - in 


and  for  said  county,  personally  appeared  the  above  named  E.  F., 
treasurer  of  said  county,  at  the  date  of  the  execution  of  the  above 
conveyance,  and  [known  to  me]  to  be  the  identical  person  whose 
name  is  affixed  to,  and  who  executed,  the  above  conveyance,  as 
treasurer  of  said  county,  and  who  acknowledges  the  execution  of 
the  same  to  be  his  voluntary  act  and  deed,  as  treasurer  of  said 
county,  for  the  purposes  therein  expressed.  Given  under  my  bund 
(and  official  seal)  this - day  of - ,  18 _ 


[Seal.]- 


Clerk  of  District  Court, 


ASSESSMENT,  ETC. 


48 


Sec.  55.  When,  by  mistake  or  unlawful  act  of  the  treasurer, 
land  has  been  sold,  on  which  no  tax  was  due  at  the  time,  or  when¬ 
ever  land  is  sold  unlawfully  in  consequence  of  any  other  mistake 
or  irregularity  rendering  the  same  void,  the  county  shall  hold  the 
purchaser  harmless  by  paying  him  the  amount  of  principal,  interest 
and  cost  to  which  he  would  have  been  entitled  had  the  land  been 
rightfully  sold,  and  the  treasurer  and  his  sureties  will  be  liable  to 
the  county  for  the  amount;  Prodded ,  That  the  treasurer  or  his 
sureties  shall  be  liable  only  for  his  own  or  his  deputies’  acts. 

Sec.  56.  The  books  and  records  belonging  to  the  oflices  of  the 
clerk  of  the  board  of  county  commissioners  and  the  county 
treasurer,  or  copies  thereof  duly  certified,  shall  be  deemed  sufficient 
evidence  to  prove  the  sale  of  any  real  property  for  taxes,  the 
redemption  thereof,  or  the  payment  of  the  taxes  thereon. 

Sec.  57.  Ko  action  for  the  recovery  of  real  property,  sold  for 
non-payment  of  taxes,  shall  be  maintained  unless  the  same  be 
brought  within  six  years  after  the  date  of  the  sale  for  taxes  afore- 
said.  « 

Sec.  58.  Each  county  is  responsible  to  the  Territory  for  the 
amount  of  tax  levied  for  Territorial  purposes,  excepting  such 
amounts  as  are  certified  to  be  unavoidable,  double,  or  erroneous 
assessments. 

Sec.  59.  If  any  county  treasurer  prove  to  be  a  defaulter  for 
Territorial  revenue,  such  amount  shall  be  made  up  to  the  Territory 
within  the  next  two  years,  in  such  manner  as  the  county  commis¬ 
sioners  may  direct;  in  such  cases,  the  county  can  have  recourse  to 
the  official* bond  of  the  treasurer  for  indemnity. 

Sec.  60.  It  shall  be  the  duty  of  the  treasurer  of  each  county 
to  make  a  settlement  annually  with  the  board  of  county  commis¬ 
sioners  on  the  second  Monday  of  December,  and  as  often  during 
each  year  as  said  board  may  require  it,  and  immediately  thereafter, 
the  treasurer  of  each  county  shall  make  a  full  and  complete  settle¬ 
ment  with  the  Territorial  treasurer,  for  the  preceding  year,  and 
for  his  services  as  treasurer,  he  shall  be  allowed  three  per  cent,  on 
the  dollar  on  all  sums  received  and  paid  out  by  him,  school  money 
included,  and  shall  be  allowed  fifteen  cents  per  mile  for  going  to, 
and  returning  from.  Territorial  treasurer’s  office,  to  make  an 
annual  settlement,  to  be  deducted  out  of  Territorial  tax;  and 
upon  his  failure  or  refusal  to  make  such  settlements  as  required, 
he  shall  be  fined  in  any  sum  not  less  than  one  hundred  dollars, 
nor  more  than  one  thousand  dollars,  to  be  recovered  by  action  in 
the  district  court,  against  the  treasurer  and  his  sureties,  by  the 
board  of  county  commissioners. 

Sec.  61.  Any  officer  neglecting  or  refusing  to  comply  with  any 
of  the  requirements  of  this  act,  for  whose  negligence  or  failure  no 
other  penalty  is  provided  by  this  aet,  shall  be  liable  to  a  fine  not 


4  4 


ASSESSMENT,  ETC. 


exceeding  one  thousand  dollars,  to  be  recovered  against  him 
bis  securities  as  provided  in  this  act. 

Sec.  62.  This  act  shall  take  effect  and  be  in  force  from 
after  its  passage. 

Approved,  December  10,  1869, 


and 

and 


[Note.— Section  60  was  amended  to  read  as  above,  by  act  approved  December  16th,  1871 , 
sections  2,  22,  27  and  28  were  amended  to  read  as  above,  by  act  of  December  11th,  187S»„ 
and  section  12  was  amended  to  read  as  above  by  both  the  aforesaid  acts. — Compilers.] 


AUTHENTICATION. 


Wyoming  Territory,  Secretary’s  Office. 

1,  G.  W.  French,  Secretary  of  Wyoming  Territory,  do  hereby 
certify  that  the  foregoing-  election,  school  and  assessment  laws 
are  true  copies  of  the  original  laws  on  file  in  this  office,  and  that 
they  are  published  in  accordance  with  a  Joint  Itesolutson  of  the 
Fourth  Legislative  Assembly  of  Wyoming  Territory,  approved 
December  7th,  1875. 


In  testimony  whereof  I  have  hereunto  sot 
my  hand  and  affixed  the  great  seal  of  the 
Territorv.  this  22d  day  of  March,  A.  D.  1876, 

G.  W.  FRENCH, 

Secretary  of  Wyoming1  Terr, 

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