him. This act shall not be so construed as to require any execu- Not construed tor or administrator to enter into bond in order to entitle him to an appeal. SEC. 236. After such affidavit and bond have been filed, the Appeal, not a general superappeal shall be granted, but shall not be a supersedeas in any other sedeas. matter relating to the administration of the estate, except that from which the appeal is specially taken. SEC. 237. When such appeal is taken, the judge shall trans- Transcript. mit to the clerk of the district court, a certified transcript of the record and proceedings relating to the cause, together with the original papers in his office relating thereto. how proceed. SEC. 238. Upon the filing of such transcript and papers in the District court, office of the clerk of the district court, the court shall be possessed of the cause, and shall proceed to hear, try and determine the same, and without regarding any error, defect or other imperfection in the proceedings of the probate court. fy. SEC. 239. The clerk of the district court shall certify a tran- Clerk to certiscript of the record and proceedings, and the original papers to the court whence the appeal was taken, who shall proceed according to the decision of the district court. This act to take effect and be in force from and after the In force first day of January, one thousand eight hundred and seventy. Approved, December 10, 1869. NOTE.-Sections four and five were amended to read as above, and section eighty was stricken out by act December 9th, 1875.-COMPILERS. CHAPTER 48. Exemption Property ex empt, enumeration of. Head of a family. Proviso. Appraisement, manner of. In case of the death of the EXEMPTION. AN ACT Exempting Certain Property from Sale (upon Execution or other Process. Be it enacted by the Council and House of Representatives of the Territory of Wyoming: SEC. 1. The necessary wearing apparel of every person, not exceeding in value the sum of one hundred and fifty dollars, to be determined in the same manner as provided in the second section of this act, shall be exempt from levy or sale upon execution, writ of attachment or any process issuing out of any court in this Territory. SEC. 2. The following property when owned by any person, being the head of a family, and residing with the same, shall be exempt from levy or sale upon execution, writ of attatchment, or any process issuing out of any court in this Territory, and such articles of property shall continue exempt while the family of such person are removing from one place of residence to another in this Territory; Provided, That no property of any person about to remove, or abscond from this Territory, shall be exempt under the provisions of this act : First, The family bible, pictures and school books; Second, A lot in any cemetery or burial ground; Third, Furniture, bedding, provisions and such other articles as the debtor may select, not to exceed in all the value of five hundred dollars, the value of the property selected by any debtor to be ascertained by the appraisement of three disinterested householders, to be selected and summoned by the officer claiming to levy upon, attach or sell such property, the appraisers shall be sworn by the officer to make a true appraisement of the value of such property, and shall be entitled to receive one dollar each for their services, and the officer levying upon or attaching such property, shall receive two dollars for all services in determining the property exempt and the value thereof, the fees of the officer and appraisers to be paid by the party for whose benefit the process may have [been] issued, and to be taxed as costs in the cause in which such process issued. SEC. 3. Whenever, in any case, the head of a family shall die, head, what the desert, or cease to reside with the same, the said family shall be family is enti- entitled to, and receive all the benefits and privileges, which are, tled to. in section two of this act, conferred upon the head of a family residing with the same, and in such case the said family, or any ments exempt SEC. 4. The tools, team and implements, or stock in trade, of Tools, instruany mechanic, miner or other person, used and kept for the pur- Proviso. pose of carrying on his trade or business, not exceeding in value three hundred dollars, the library, instruments and implements of any professional man, not exceeding in value three hundred dollars, shall be exempt from levy or sale upon execution, writ of attachment, or any process issuing out of any court in this Territory, the value of any property claimed to be exempt under this section, shall be determined in all respects, and the fees shall be the same as specified in section two of this act; Provided, That no Proviso. article of property in this and the preceding sections of this act mentioned, shall be exempt from attachment or sale upon execution for the purchase money of said article of property; And pro- Bona fide resvided further, That the person or persons claiming such exemption claim exempshall be a bona fide resident of this Territory. idents only, to tion. apparatus exempt SEC. 5. The fire engine or engines, hose cart or carts, hook Fire and ladder truck or trucks, hooks, ladders, buckets and other from execuproperty owned or possessed by any county, city, town, village, tion, etc. company or body of men, incorporated or otherwise, which shall be used or kept for the purpose of extinguishing fires and protecting property, shall be exempt from levy or sale on excution, writ of attachment or any process issuing out of any court of this Territory. SEC. 6. This act shall take effect and be in force from and after its passage. Approved, 1st December, 1871. CHAPTER 49. Clerks' fees in FEES OF OFFICERS. AN ACT Regulating the Fees of Officers. Be it enacted by the Council and House of Representatives of the Territory of Wyoming : SECTION 1. That the persons and officers herein mentioned district court. shall be entitled to receive for their services the fees herein allowed, and none others, except as otherwise provided by law. Sheriff's fees. Every writ or process, seventy-five cents; indorsing on writ of error, or summons under writ of error that is to operate as a supersedeas, ten cents; filing each paper in a case, ten cents; a copy of a record or other paper, per sheet of one hundred words, or if the whole number of words in such copy be less than one hundred, fifteen cents; discontinuance or retraxit, twenty-five cents; bringing a particular record into court, fifty cents; entering satisfaction of record, twenty-five cents; receiving and entering verdict, twenty-five cents; entering defendant's appearance, fifteen cents; entering on docket, twenty-five cents; entering judgment, fifty cents; swearing each witness, constable or bailiff, ten cents; making up or entering up a complete record after judgment, per sheet of one hundred words, fifteen cents; searching the record within one year, twenty-five cents; every year back, fifteen cents; continuing cause, fifty cents; every issue joined, fifty cents; entering any principal motion, twenty-five cents; certificate and seal, one dollar; taking and approving every bond, one dollar; making out advertisement for non-resident defendant, one dollar; every hundred words contained in every writing required by law to be done by him, and for which there is no specific allowance, fifteen cents; for recording deed or other writing, where required, per hundred words, fifteen cents; indorsing on supersedeas or writ of error, direction to the clerk of the superior court, twenty-five cents; docketing judgment, fifty cents; issuing fee bills for fees not his own, fifty cents; entering the panel and swearing the jury, fifty cents; entering defendant's confession, fifty cents. SEC. 2. For serving a writ and taking into custody, one dollar and twenty-five cents; for every mile traveled in going and returning to serve process, fifteen cents; taking bail, one dollar; returning every writ, twenty-five cents; summoning a jury (with mileage as above), five dollars; executing writ of possession, three dollars; calling a jury in each cause, twenty-five cents; for each person committed to jail, one dollar and twenty-five cents; discharging every person out of jail, seventy-five cents; holding an inquisition, drawing up and returning the same, five dollars; serving a summons, fifty cents; attending a prisoner before a judge when surrendered by his bail, and receiving the prisoner into custody, one dollar; boarding each prisoner per day, one dollar; selling property on execution, a commission five per centum on the first three hundred dollars, and two per centum on any excess above that amount, and where the money is paid to him without sale, one-half commission only shall be allowed; taking the valuation of land, five dollars; taking a replevin bond, one dollar; serving a capias ad satisfaciendum, one dollar and fifty cents; levying on property, and advertising the same without sale, two dollars (mileage as above); where no money is made, no other fee or reward shall be allowed on execution, except for expense of keeping property; making a deed on sale of real estate execution, four dollars; serving a writ of attachment, two dollars and fifty cents. The sheriffs shall not be entitled to any fee for services performed by their bailiffs or deputies, when such bailiffs or deputies are receiving pay by the day from the county at the time such services are rendered; for postage paid on letters directed to the clerks of the different courts, enclosing process issued by such court, the amount thereof to be returned as an item of charge. Executing judgment in capital cases, one hundred dollars, covering all expenses of himself and deputies. on nal cases. SEC. 3. In criminal cases not provided for, the like fees as for Fees in crimiservices in civil cases shall be allowed said sheriff for taking a convict to the Territorial prison, and all expenses incidental to the same, per mile, to be paid out of the Territorial treasury, twentyfive cents; for each additional convict taken at the same time, per mile, twenty cents; for taking a prisoner to another county, such fees as the county tribunal transacting county business in the county where the prisoner was taken, may in their discretion, allow out of the treasury of the said county; for each commitment and discharge for a prisoner under a city authority, fifty cents; for collecting county licenses eight per cent. of the amount of each license issued. attorney and SEC. 4. No prosecuting attorney shall receive any fee or Prosecuting reward, from or on behalf of any prosecution or individual, for ser- his fees. vices in any prosecution or business to which it shall be his duty to attend. The prosecuting attorney shall receive fifteen dollars for every examination of a felony or of a capital case before a justice of the peace, and ten dollars for every case of petit larceny, or in other prosecutions where the justice of the peace shall have final jurisdiction of the cause, and ten dollars for every misdemeanor. The prosecuting attorney shall receive thirty dollars for prosecuting every felony in the district court, and ten dollars for every misdemeanor therein, and fifty dollars for every capital case, and in case of conviction in felonies, ten dollars, and twenty-five dollars for any conviction in capital cases in the district court in which he shall be engaged for the county or Territory; for drawing every indictment, five dollars, but no fee for drawing any indictment shall be allowed when the indictment is quashed, and he |
