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lots.

town lots.

same is so described in the instrument filed for record; and the book shall contain ruled parallel columns, in which respectively shall be entered the name of the grantor or mortgagor, grantee or mortgagee, character of instrument, consideration expressed in instrument, date of instrument, date of filing in clerk's office, description of the premises, and such other pertinent marginal remarks as will show whether such instrument was properly witnessed and acknowledged, or not.

SEC. 5. All abstract entries of town lots shall be made in a tries of town similar manner to those of lands, but shall be in a separate book, to be provided for that purpose by the board of county commisClerk's pay for sioners; and the clerk shall be entitled to receive the same pay abstracting from the county for abstracting all lots heretofore recorded, and "Abstract fee" to charge the same abstract fee to parties hereafter having instrufor town lots. ments [recorded] affecting real property in any surveyed or incorporated town or city that is herein authorized, for instruments affecting lands. The number of the lot and block shall appear in the head lines.

Abstre't books

to be open to

SEC. 6. All abstract books shall be open to the inspection of inspection. every person desiring to examine the same, during all reasonable office hours, and no fee shall be charged for their inspection by any officer.

Conflicting acts repealed.

In force.

SEC. 7. All acts and parts of acts inconsistent with this act, are hereby repealed.

SEC. 8. This act shall take effect, and be in force, from and after its approval by the Governor.

Approved December 11th, 1875.

CHAPTER 2.

ADOPTION.

AN ACT Relating to Adoption.

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

parent to re

consent of

to be entered'

SECTION 1. Any parent willing to relinquish all right to his Application of or her minor child to any other person willing to adopt the same, inquish rightshall make application to the judge of probate of the county in to minor. which such parent resides; and if such judge of probate, after due investigation, shall be satisfied that the person making said application is entitled to make such relinquishment, and that the person proposing to adopt such child is a suitable person to assume the relation of parent, and that the consent of both parties to Mutual and such adoption is natural [mutual] and voluntary, he shall enter of voluntary record in the records of his office, the fact of such application both parties, and consent, with his approval of such agreement and adoption. of record. SEC. 2. Any person may appear before the judge of probate Any person of the county where he or she resides and offer to adopt any minor may offer to child as his or her own; Provided, such minor and his or her Proviso. parents, if living, or guardian, if any, or county commissioners, as hereafter provided, shall appear and consent to such adoption. SEC. 3. In all cases where an offer is made to adopt any minor, Like entry of and consent obtained, as provided in the last proceeding [preceding] made. section, the judge of probate, after due investigation, if satisfied as provided in section one of this act, shall make a like entry of record as therein specified, with his approval of such adoption.

adopt.

record to be

relinquish all

SEC. 4. Upon the approval of said judge of probate being Parents or obtained as aforesaid, the parent or guardian of such minor child guardian to shall cease to have any control whatever over the person of such control. child so relinquished, or right to reclaim the same; and the per- Person adoptson adopting such child shall exercise all the rights of a parent ing to exercise the same as if such child was the legitimate offspring of such be subject to person, and shall be subject to all the liabilities incident to that all liabilities relation.

all rights and

SEC. 5. If the judge of probate shall be satisfied, after due investigation, that any person proposing or agreeing to adopt any minor child is not a suitable person to assume the relations of parents to such minor, he shall refuse to approve such adoption, Adoption, and shall enter such refusal in the records of his office.

SEC. 6. In case the parent of any child is a non-resident of this

when to be refused.

sent non-resi

necessary.

Written con- Territory, or shall have removed from the county in which his or dent parent her child may be at the time it is proposed to adopt the same as aforesaid, the written consent of such parent, properly acknowl edged, shall be obtained and filed with said judge of probate, which shall have the same effect as if such parent were personally present and consented to such adoption. And said judge of proFiling of con- bate shall note the filings of such written consent in his record of approval, and the like proceedings shall be had as if such parent were present.

sent.

Contracting parties may

ment.

SEC. 7. The contracting parties in all cases of adoption may execute agree also, in addition to the foregoing proceedings, execute an agreement particularly specifying therein the terms of such adoption, which shall be recorded in the recorder's office of the proper county, and where [when] so recorded, it shall be binding upon both parties thereto, and the original, or a certified copy thereof, shall be received as evidence in all proceedings relating to such adoption.

Written agreement, legal,

Proviso.

When County
Commission-

tion of orphan

SEC. 8. In all cases where a written agreement has heretofore been executed between the parents of any minor child and the person adopting the same, such agreement is hereby legalized and both parties thereto shall be legally bound by the provisions of section four of this act, except that the approval of the judge of probate shall not in such cases be necessary: Provided, That if said agreement has not been recorded in the recorder's office of the proper county, said parties or either of them, shall cause the same to be so recorded before such adoption shall be legalized, as herein provided.

SEC. 9. Where both the parents of any minor child are dead, ers may pro- and there are no relatives of such minor known, or being unwillvide for adop- ing to take charge of and assume control of such child, the county commissioners of the proper county, upon information or otherwise, may provide for the adoption of such child in the same manner as the parent, if living, could under the provisions of this

Rights of adopted minors.

In force.

act.

SEC. 10. Minor children, adopted as aforesaid, shall assume the surname of the persons by whom they are adopted, and shall be entitled to the same rights of person and property as children or heirs-at-law of the persons thus adopting them, unless the rights of property should be excepted in the agreement of adoption."

SEC. 11. This act shall take effect and be in force from and after its passage.

Approved December 1st, 1875.

CHAPTER 3.

ALIENATION.

AN ACT concerning Alienation by Deed, of the Proof and Recording of Conveyances and the canceling of Mortgages.

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

ritory of Wyoming:

may

SECTION 1. Conveyances of lands or of any estate or interest Conveyances, therein, may be made by deed signed and sealed by the person make. from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or proved and recorded as directed in this chapter, without any other act or ceremony whatever.

SEC. 2. A married woman may, by her deed or mortgage, convey her real estate in like manner as she might if she were an unmarried woman.

Deed or mort age of mar

ried woman. lawful.

SEC. 3. A deed of quit-claim and release shall be sufficient to quit claim. pass all the estate which the grantor could lawfully convey by deed of bargain and sale.

SEC. 4. A conveyance made by a tenant for life or years, pur- Tenant for life porting to grant a greater estate than he possessed or could law- or years. fully convey, shall not work a forfeiture of his estate, but shall pass to the grantee all the estate which such tenant could lawfully

convey.

No covenant

SEC. 5. No covenant shall be implied in any conveyance of real estate, whether such conveyance contain special covenants or not. implied. SEC. 6. No mortgage shall be construed as implying a covenant No express for the payment of the sum thereby intended to be secured, and covenant. where there shall be no express covenant for such payment contained in the mortgage, and no bond or other separate instrument to secure such payment shall be given, the remedies of the mortgagee shall be confined to the lands mentioned in the mortgage.

SEC. 7. No grant or conveyance of lands or interest therein No grant void. shall be void, for the reason that at the time of the execution thereof, such land shall be in the actual possession of another, claiming adversely.

necessary.

SEC, 8. Deeds or mortgages, executed within this Territory, of Two witnesses lands or any interest in lands, shall be executed in the presence of two witnesses, who shall subscribe their names to the same as such, and the person executing such deeds or mortgages, may acknowledge the execution thereof before any judge or commis

thorized to

Officers au- sioner of a court of record, or before any notary public or justice take acknowl- of the peace within the Territory, and the officer taking such edgments. acknowledgment shall indorse thereon a certificate of the acknowledgment thereof, and the true date of making the same, under his hand, and seal of office if there be one.

When execut

States.

SEC. 9. If any such deed or mortgage shall be executed in any ed in other other State, Territory, or district of the United States, such deed or mortgage may be executed according to the laws of such State, Territory, or district, by any officer authorized by the laws of such State, Territory or district, to take the acknowledgment of deeds or mortgages therein, or before any commissioner appointed by the Governor of this Territory for such purposes.

Certificate.

Married woman, non-resident.

Certificate.

Conveyance

SEC. 10. In the cases provided for in the last preceding section, unless the acknowledgment be taken before a commissioner appointed by the Governor of this Territory for that purpose, such deed or mortgage shall have attached thereto a certificate of the clerk, or other proper certifying officer of the court of record of the county or district within which such acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be, that he knows the signature of such person subscribed thereto to be genuine, and that the deed or mortgage is executed and acknowledged according to the laws of such State, Territory or district.

SEC. 11. When any married woman not residing in this Territory, shall join with her husband in any conveyance of real estate situated within this Territory, the conveyance shall have the same effect as if she were sole, and the acknowledgment or proof of the execution of such conveyance by her, may be the same as if she were sole.

SEC. 12.. A certificate of the acknowledgment of any deed or mortgage, or of the proof of the execution thereof, before a court of record or justice of the peace, signed by the clerk of such court (or by the justice) before whom the same was taken, as provided in this title, and in the cases where the same is necessary, the certificate required by the tenth section of this title, shall entitle such deed or mortgage certificate, or certificates aforesaid, to be recorded in the office of the register of deeds of the county where the land lies.

SEC. 13. Every conveyance of real estate within this Territory not recorded. hereafter made, which shall not be recorded as provided by law, shall be void, as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof, whose conveyance shall be first duly recorded.

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SEC. 14. Deeds or mortgages of pews and slips in any church, may be recorded by the register of deeds of the county in which such church is situated, or by the clerk of the society, or proprietors, if incorporated or legally organized, and such clerk shall receive the same fees as the register of deeds is entitled to for similar services.

SEC. 15. All conveyances and other instruments authorized by law to be recorded, and which shall be acknowledged or proved, as provided in this title, and if the same shall have been recorded,

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