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CHAPTER 46.

ESTRAYS.

AN ACT Concerning Estrays for Wyoming Territory.

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

SECTION 1. It shall be lawful for any person occupying and Estrays.
possessing land in this Territory, and being in possession thereof,
to take up any estray horse, mule or ass, neat cattle, sheep or
swine, found within his inclosed premises at any season of the
year, and any estray found around his premises between the first
of December and the first of March, may be taken up by such
person, and any horse, mule or ass, with any portion of harness
attached to them, and any oxen with yoke, that are believed to
have strayed away from their owners, may be taken up by any
person at any time.

SEC. 2. It shall be the duty of any person taking up an estray, Description of to send a description of the same to the county clerk, within fifteen estrays. days after taking it up, and the county clerk shall immediately record the same, in a book kept for that purpose, for which he shall receive the sum of one dollar. The person taking up the estray shall, within twenty days thereafter, procure the publication of the description of such animal in any paper published in the county, for at least two consecutive weeks.

ed.

SEC. 3. The owner of an estray may, at any time previous to How reclaimits sale, reclaim the same on proving said property by oath or otherwise, and paying for the advertisement, and a reasonable compensation for any other necessary expense incurred by the person taking up said estray.

SEC. 4. In case the parties cannot agree upon the amount of Arbitrators. expenses incurred, they may each choose a disinterested person, to

act as arbitrators, and the two chosen may choose a third; the decision of the arbitrators shall be final.

SEC. 5. When an estray, if it be a sheep, hog or calf, under Limitation. the age of one year, has not been reclaimed within six months after advertising the same, it shall become the property of the person taking it up without further proceedings. If the estray be a horse, mule, ass or bull, cow or steer, over the age of one year, it must be reclaimed within six months from the time it was first advertised. If any estray shall not be reclaimed within the time specified, the person taking up the estray shall notify a jus

to sale.

tice of the peace of the county, who shall appoint two disinterested persons, and administer to them an oath or affirmation, to faithfully and truly appraise said estray, and said appraisers shall make due return thereof, in writing, to said justice of the peace, who Public notice shall appoint a day of sale, and cause notice of the time and place tabe given of of sale to be published at least two weeks consecutively, before the day of sale, in a newspaper printed in the county, and in case there is no newspaper printed in said county, there shall be written or printed notices posted up at the county seat, and such other places as said justice of the peace shall order, and on the day of sale appointed, said estray shall be sold by such justice to the highest bidder, in cash, and the proceeds thereof, after deducting the costs of the proceedings, and the expense of keeping said estray, shall be paid to the county treasurer within five days after the sale, subject to the order of the owner, provided the owner of the said estray shall establish his ownership to the same, to the satisfaction of the county treasurer of said county, within one year from the day of sale, and if said balance is not so claimed within the time so specified, it shall be placed by the said treasurer to the credit of the general school funds of said county.

Place of sale.

Dispositon of money.

Appraisers.

Compensat'n.

Costs.

Notice.

Proviso.

Loss.

SEC. 6. The place of sale shall be at the office of the justice before whom the estray is posted.

SEC. 7. The money received from the sale of an estray shall go into the county school fund, all expenses first being paid.

SEC. 8. The appraisers of estrays shall estimate the value of the necessary labor, trouble and expense of the person in taking up and keeping an estray, taking into consideration the services rendered by the animal.

SEC. 9. The appraisers of estrays shall receive fifty cents each for each appraisement, but when more than one animal is taken up at any one time, by one person, they shall all be appraised as one, and the appraisers shall be entitled to compensation for but one appraisement. The justice of the peace shall receive for his services the sum of three dollars.

SEC. 10. The costs of advertising, appraising, and the services of the justice of the peace, shall be paid by the person taking up the estray, and he shall receive the same, with fifty per cent. additional, from the proceeds of the sale of the estray.

SEC. 11. If any horse or ass not gelded, two years old or upwards, shall be found running at large, it shall be lawful for any person to take up such horse or ass, and forthwith give notice to the owner or keeper, if he be known to the taker-up, and if the owner or keeper do not appear within six days thereafter, and pay to the said taker-up, five dollars, as compensation for his trouble, the taker-up shall proceed to advertise said horse or mule, and the same proceedings shall be had in every respect as hereinbefore provided in the case of estray horses and mules; Provided, That the taker-up may, after the expiration of thirty days from the time of advertising, geld or procure to be gelded, the said horse or ass, which shall be done at the risk and expense of the owner, except when such horse or ass is in the owner's herd, or in care of the owner's herder.

SEC. 12. Should any animal, taken up as an estray, die while

in the possession of the person taking it up, he shall not be liable for the loss, unless its death was the result of mistreatment or wilful neglect.

Approved, 9th December, 1869.

CHAPTER 47.

Letters testamentary.

EXECUTORS AND ADMINISTRATORS.

AN ACT Respecting Executors and Administrators, of their Appointment and Removal
From Office.

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

SECTION 1. The probate courts in vacation shall grant letters Who shall testamentary and of administration.

grant.

Where granted,

Orders, trials, etc., where made.

Who shall not

be appointed
executor
the deceased.

SEC. 2. Letters testamentary and of administration, shall be granted in the county in which the mansion, house or place of abode of the deceased is situated. If he had no mansion, house, or place of abode, at the time of his death, and be possessed of lands, letters shall be granted in the county in which the land, or a part thereof lies. If the deceased had no mansion, house, or place of abode, and was not possessed of lands, letters may be granted in the county in which he died, or where the greater part of his estate may be. If he died out of the Territory, having no mansion, house, place of abode, or lands in this Territory, such letters may be granted in any county.

SEC. 3. All orders, settlements, trials and other proceedings, entrusted by this act to the probate court, shall be had or made in the county in which the letters testamentary, or of administration were granted.

SEC. 4. No judge of any probate court, in his own county, and settle estates. no person under twenty-one years of age, or of unsound mind, A debtor may shall be executor or administrator; a debtor of deceased may be by by him appointed executor, and if so named in the will, shall be competent to act as such, but no debtor of an intestate, shall be competent to act, and shall not be appointed as administrator of his estate, no married woman shall be executrix or administratrix, nor shall the executor of any executor, in consequence thereof, be executor of the first testator.

to whom gran

ted.

Letters of ad- SEC. 5. Letters of administration shall be granted, first to the ministration: husband or wife, or to those who are entitled to distribution of the estate, or one or more of them, as the court in vacation shall believe will best manage and improve the estate, giving preference to those in whom the greatest number and weight of interests concur, and creditors of the intestates, and his estate shall be preferred to strangers.

SEC. 6. If no such persons apply for such letters within ten

in ten days.

days after the death of the deceased, letters may be granted to any To apply withperson whom the court shall consider most suitable.

ed to persons

SEC. 7. The probate court in vacation, may, in its discretion, Letters grantor on the application of any person interested, issue a citation to next entitled the persons entitled to administration, calling on them to admin- thereto. ister, and if they fail to take out letters within ten days after the service of the citation, or if the persons entitled to preference, file their renunciation thereof, in writing, with the probate court, letters of adininistration shall be granted to the person next entitled thereto.

SEC. 8. After probate of any will, letters testamentary shall be Refuse te act. granted to the persons therein appointed executors. If a part of the persons thus appointed refuse to act, or be disqualified, the letters shall be granted to the other persons appointed therein. If all such persons refuse to act, or be disqualified, letters of administration shall be granted to the person to whom administration would have been granted if there had been no will.

SEC. 9.

When there are two or more persons named co-execu- To give bonds. tors in any will, none shall have authority to act as such, or intermeddle, except those who give bond, unless otherwise provided in the will.

SEC. 10. If the validity of a will be contested, or the executor will contestbe a minor, or absent from the Territory, letters of administration shall be granted during the time of such contest, minority or absence, to some other person who shall take charge of the property and administer the same according to law, under the direction of the court, and account for, and pay and deliver, all the money and property of the estate to the executor, or regular administrator, when qualified to act.

made by ap

SEC. 11. Every applicant for letters of administration, at the Affidavit time of application, shall make an affidavit, stating, to the best of plicant. his knowledge and belief, the names of places of residence of the heirs of the deceased, and that the deceased died without a will, as he verily believes.

subscribed.

SEC. 12. At the time that letters of administration are granted, Oath to be the administrator shall take and subscribe an oath, that he will make a true and perfect inventory of, and faithfully administer, all the estate of the deceased, and pay the debts as far as the assets will extend, and account for, and pay, all assets which shall come to his possession or knowledge, according to law.

SEC. 13. A similar oath, with such variations as the case may Oath. require, shall be taken by administrators of the goods remaining unadministered, and by administrators during the time of contest about a will, or the minority or absence of an executor.

tory.

SEC. 14. Every administrator with the will annexed, and exec- Oath to make utor, at the time letters are granted to him, shall take an oath that perfect invenhe will make a perfect inventory of the estate, and faithfully execute the last will of the testator, pay the debts and legacies as far as the assets will extend, render just accounts and faithfully per form all things required by law touching such executorship administration.

SEC. 15. The probate court in vacation, shall take a bond of Bonda'd surethe person to whom letters of administration are granted, with ties.

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