CHAPTER 88.

to

Governor appoint notaries.

Commissions attest'd by sec.

ister of deeds.

NOTARIES PUBLIC.

AN ACT respecting Notaries Public.

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

SECTION 1. The governor shall appoint and commission in each county, as occassion may require, one or more notaries public, who shall hold their offices for two years, unless sooner removed according to law.

SEC. 2. When any person is appointed or commissioned a retary and re- notary publie by the governor, as provided in the preceding seccorded by reg- tion, his commission shall be attested by the secretary of the Territory, under the seal thereof, which commission shall be transmitted by the secretary to the register of deeds of the county in which said appointee resides, who shall record the same in a book to be by him kept in his office, for the purpose of recording therein all commissions issued by the governor to officers in his county.

Bond and oath

Seal and regis ter.

SEC. 3. Each person so appointed to the office of notary public, shall, within thirty days from the date of his commission, file with the register of deeds in whose office his commission is filed for record, a bond executed by himself and two sureties, to be approved by said register of deeds, which bond shall run to the Territory of Wyoming in the sum of five hundred dollars, conditioned for the faithful performance of the duties of his office, and shall take and subscribe an oath or affirmation before the register of deeds, that he will support the constitution of the United States and the organic law of this Territory, and that he will faithfully and impartially discharge and perform all the duties of his office, and the register of deeds shall preserve the bond in his office, and record the commission and oath in a book to be by him kept for that purpose, and shall send to the secretary of the Territory a written notice that the requirements of the law are complied with, which notice the secretary shall preserve in his office.

SEC. 4. Each notary public, before entering upon the duties of his office, shall provide himself with an official seal, with which he shall authenticate all his official acts, upon which seal shall be engraven his name, the words "notary public," and the name of the county wherein he resides, and the word "Wyoming;" and shall also provide himself with an official register, wherein he shall record all his official acts required by law to be recorded,

and the seal and register of a notary public shall not be levied on or sold.

SEC. 5. Every notary public, so appointed, commissioned and Powers of noqualified, is hereby authorized and empowered, within the county taries. wherein he resides, and for which he was appointed and commissioned, to administer oaths and affirmations, to take depositions, to receive acknowledgment of deeds, mortgages and powers of attorney and other instruments in writing, to demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and to protest the same for nonacceptance or non-payment, as the case may require; and to exercise such other powers and duties as, by the law of nations and according to commercial usage, may be exercised and performed by notaries public.

dence.

SEC. 6. In all the courts within this Territory, the certificate Certificate of of a notary public over his hand and official seal, shall be received notary, evias presumptive evidence of the facts contained in such certificate; Provided, That any person interested as a party to a suit may con- Proviso. tradict, by other evidence, the certificate of a notary public.

to contain.

SEC. 7. Each notary public shall record in his official register, in Register, what a comprehensive manner, a copy of every bill of exchange, promissory note or obligation received by him for demand and protest, his official act and the date thereof, stating specifically the name of each drawer or indorser or other person notified, and the place where notice was delivered, or to which notice was sent.

SEC. 8. If any person shall be damaged or injured by the Negligence or unlawful act, negligence or misconduct of any notary public, the misconduct. person damaged or injured may maintain a civil action, on the bond of such notary public, against such notary public and his sureties; and a recovery in such action shall not be a bar to any future action for other cause, to the full amount of the bond.

tary to be de

when.

SEC. 9. Each person who has held the office of notary public, Register of noshall, within thirty days after the expiration of his term of office, posited with or his removal from office, or his removal from the county, deposit reger of deeds, his official register with the register of deeds for the county, who shall preserve the same; and in case of death of a person holding the office of notary public, his executor or administrator shall, within thirty days after his decease, deposit his official register with the register of deeds, and any person who shall neglect or fail to fulfill and perform the duty prescribed in this section, shall be liable in the penal sum of two hundred dollars, to be applied to the school fund of the county, which sum may be recovered by any citizen of the county sueing therefor.

SEC. 10. If any register of deeds shall neglect or fail to fulfill Failure. and perform the duties imposed on him by this title, such person shall be liable in the penal sum of two hundred dollars, to be recovered and applied as provided in section nine.

seal not to in

rec

SEC. 11. No deed, mortgage, power of attorney, or other Initials on instrument in writing, heretofore executed and acknowledged validate before a notary public, and no certificate of an official act of any ord. notary public within this Territory, shall be held invalid or defective, because the official seal of the notary certifying thereto, contained the initial or abbreviation of any name or word, or different

Fee of secretary and of register.

When justice

protest.

words from those required to be contained or engraven on the seal of the notary public.

SEC. 14. The secretary shall be entitled, for receiving and forwarding the commission of a notary public, the sum of five dollars, and the register of deeds, for giving notice and recording the commission and oath, the sum of one dollar, to be paid by the person appointed.

SEC. 15. When the holder of any instrument desires it to be or judge may protested, and no notary public can be found, it shall be lawful for any judge of probate or justice of the peace of the county wherein said instrument is required to be protested, to perform the services herein required to be performed by notaries public, and to be entitled to the same fees as are hereinafter provided for notaries public for similar services.

Fees.

SEC. 16. Notaries public shall be entitled to the following fees, viz protesting note, one dollar; each notice served, fifty cents; taking acknoledgment, seventy-five cents; for each mile traveled, over the first mile, he shall receive twenty-five cents. For all other duties required to be performed by them, the same fees as are allowed by law to clerks of district court for similar services. Approved, 10th December, 1869.

[NOTE.-Section 1 was amended to read as above, by act of November 25, 1871.—COMPI

LERS.]

CHAPTER 89.

:

OFFICIAL YEAR.

AN ACT Defining the Official Year of County and Precinct Officers and for other
Purposes.

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

ritory of Wyoming:

when to ter

SECTION 1. That the official year of all county and precinct official year officers, shall hereafter terminate upon the last day of October of minate., each, and every second year; Provided, That all county and precinct officers now acting as such, whether by appointment of the legislative assembly of Dakota Territory, by county board of commissioners, or otherwise, shall expire on the eleventh day of December instant, and all records, books, dockets, papers, office furniture and every other matter or thing pertaining to the several county or precinct officers, shall be, upon demand, on and after the thirteenth day of December instant, transferred to, and delivered up to the successor or successors to such officer or officers.

mence.

SEC. 2. The official year of all county and precinct officers When comshall hereafter commence on the first Monday of January every second year, except as otherwise provided by law.

SEC. 3. All persons appointed to any county or precinct office by the present Legislative Assembly, shall qualify according to law, on the thirteenth day of December instant, or as soon thereafter as they shall severally be notified of their appointment to office, and shall hold their said offices respectively until the next election as provided by law.

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

Approved, December 10, 1869.

NOTE.--Section 2 was amended to read as above by act of December B, 1873.-CoMPIL

ERS.1

CHAPTER 90.

Where located

Twenty acres, for site.

Three missioners.

com

Duties of treasurer.

PENITENTIARY.

AN ACT to Locate the Penitentiary and for Other Purposes.

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

SECTION 1. That the penitentiary of the Territory be, and hereby is, located at the town of Laramie, in the county of Albany.

SEC. 2. As soon as the necessary appropriations are made for the erection of such penitentiary, the commissioners hereafter [as may be] provided for, shall proceed within two weeks, or as soon thereafter [as possible,], to the town of Laramie, in the county of Albany, and there select a site for said penitentiary, consisting of not less than twenty acres of land, which site shall be within two miles of said town of Laramie, and if said land, so selected by them, shall be the property of, or the right of claim of possession be in, any person or persons, and not in the United States, said commissioners shall obtain, from such person or persons, a deed or bond for a deed, guaranteeing that such right, title or claim shall invest in the Territory of Wyoming, upon the money so approprited by the United States being paid over to the person duly authorized to receive it. But no money shall be paid by, or on account of, the Territory or United States, for the extinguishment of any title, right or claim to land so selected by said commissioners.

SEC. 3. The governor shall nominate, and by and with the consent of the council, appoint three commissioners, who shall be styled "commissioners of the penitentiary," who shall hold their offices for two years from the passage of this act, and until their successors are appointed and qualified.

SEC. 4. It shall be the duty of the treasurer of the Territory, upon receiving notice that an appropriation for the erection of a penitentiary has been made, and is ready to be paid over to this Territory, to receive the same from the secretary of the Territory, but before so doing, he shall execute a bond to the Territory, with at least two good and sufficient sureties, to be approved by the governor, in double the amount of money appropriated, conditional that he will faithfully discharge his duties, and pay all orders drawn on him by the commissioners, and audited by the auditor, to the extent of the fund so appropriated, which bond shall be filed by the secretary of the Territory, and carefully preserved in his office, and he shall receive for his services two per centum, to be