being authorized by law, or if, being incorporated, they do or omit acts which amount to a surrender or forfeiture of their rights and privileges as a corporation, or when they exercise powers not conferred by law.

SEC. 725. Such information may be filed by the prosecuting How filed. attorney of the proper county, whenever he deems it his duty so to do.

SEC. 726. He must file such information when directed to do By whom diso by the governor, the Legislative Assembly, or the district

court.

rected.

SEC. 727. Such information shall consist of a plain statement How. of the facts which constitute the grounds of the proceeding, addressed to the court, which shall stand for an original petition.

SEC. 728. Such statement shall be filed in the clerk's office, and statament to summons issued and served in the same manner as herein before be filed. provided, for the commencement of actions in the district court.

SEC. 729. The defendant shall appear and answer such informa- Joinder. tion in the usual way, and issue being joined, it shall be tried in the ordinary manner.

SEC. 730. When the defendant is holding an office to which office. another is claiming a right, the information should set forth the name of such claimant, and the trial must, if practicable, determine the rights of the contesting parties.

SEC. 731. If judgment be rendered in favor of such claimant, Functions, &c. he shall proceed to exercise the functions of the office, after he has qualified as required by law.

books.

SEC. 732. The court, after such judgment, shall order the defend- Delivery of ant to deliver over all books and papers in his custody or under his control belonging to said office.

SEC. 733. When the judgment has been rendered in favor of Limitation. the claimant, he may, at any time within one year thereafter, bring suit against the defendant, and recover the damages he has sustained by reason of the act of the defendant.

sons.

SEC. 734. When several persons claim to be entitled to the Several persame office or franchise, an information may be filed against all or any portion thereof in order to try their respective rights thereto. SEC. 735. If the defendant be found guilty of unlawfully hold- ouster. ing or exercising any office, tranchise or privilege, or if a corporation be found to have violated the law by which it holds its existence, or in any other manner to have done acts which amount to a surrender or forfeiture of its privileges, judgment shall be rendered that such defendant be ousted, and altogether excluded from such office, franchise or privilege, and also that he pay the costs of the proceeding.

SEC. 736. If the defendant be found to have exercised merely Judgment. certain individual powers and privileges to which he was not entitled, the judgment shall be the same as above directed, but only in relation to those particulars in which he is thus exceeding the lawful exercise of its rights and privileges.

SEC. 737. When an information is upon the relation of a pri- Information. vate individual, it shall be so stated in the petition and proceedings, and such individual shall be responsible for costs in case

!

Pretended corporation.

Ouster.

Trustees.

Negligence.

Liabilities.

Delivery of books.

Inventory.

Recovery of debts.

Joint liability

Contempt.

How instituted.

they are not adjudged against the defendant. In other cases, the title of the cause shall be the same as in a criminal prosecution, and the payment of costs shall be regulated by the same rule.

SEC. 738. In case judgment is rendered against a pretended, but not real corporation, the costs may be collected from any person who has been acting as an officer or proprietor of such pretended corporation.

SEC. 739. If a corporation is ousted and dissolved by the proceedings herein authorized, the court shall appoint three disinter ested persons as trustees of the creditors and stockholders.

SEC. 740. Such trustees shall enter into bond, in such a penalty and with such security as the court may approve, conditioned for the faithful discharge of their trust.

SEC. 741. Suit may be brought on such bond by any person injured by the negligence or wrongful act of the trustees in the discharge of their duties.

SEC. 742. The trustees shall proceed immediately to collect the debts and pay the liabilities of the corporation and to divide the surplus among those thereto entitled.

SEC. 743. The court shall, upon an application for that purpose, order any officer of such corporation, or any other person having possession of any of the effects, books or papers of the corporation in anywise necessary for the settlement of its affairs, to deliver up the same to the trustees.

SEC. 744. As soon as practicable after their appointment, the trustees shall make and file in the office of the clerk of the court, an inventory of all the effects, rights and credits, which come to their possession or knowledge, the truth of which inventory shall be sworn to.

SEC. 745. They shall sue for and recover the debts and property of the corporation, and shall be responsible to the creditors and stockholders, respectively, to the extent of the effects which come to their hands, in the same manner as though they were the executors of a deceased person.

SEC. 746. When judgment of ouster is rendered against a corporation on account of the misconduct of the directors or officers thereof, such officers shall be jointly and severally liable to an action by any one injured thereby.

SEC. 747. Any person who, without good reason, refuses to obey any order of the court as herein provided, shall be deemed guilty of a contempt of court, and shall be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail until he comply with said order, and shall be further liable for the damages resulting to any person on account of his refusal to obey such order.

SEC. 748. A proceeding of this kind may be instituted, in the manner above contemplated, for the purpose of annulling or vacating any letters patent granted by the proper authorities of this Territory, where there is reason to believe that the same were obtained by fraud, or through mistake or ignorance of a material fact, or when the patentee, or those claiming under him, have

done or omitted an act in violation of the terms and conditions on which the letters were granted, or have, by any other means, forfeited the interest acquired under the same.

[NOTE-Title XXX was left in force by the repealing section of the act approved December 11, 1873.]

CHAPTER 14.

Justice to is

when.

CODE OF CRIMINAL PROCEDURE.

AN ACT to Establish a Code of Criminal Procedure for the Territory of Wyoming.

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

TITLE I.

Proceedings to Prevent the Commission of Crime.

SECTION 1. Whenever any person shall make complaint in sue warrant, writing upon oath before any justice of the peace or police justice, or other officer authorized by law to examine into charges in relation to the commission of crime, that he has just cause to fear, and does fear, that another will commit any offense against the person or property of himself, his ward, or child, it shall be the duty of the justice before whom such complaint is made to issue a warrant in the name of the Territory to any constable of the county, commanding him forthwith to arrest the person complained of, and him to take before such justice, or any other justice named, in the same county, to answer such complaint.

SEC. 2. When the party complained of shall be brought before the justice, he shall be heard in his defense, and all witnesses produced shall be examined upon oath, and if, upon such examination, the justice shall be of opinion there is just cause for the complaint, he shall order the person complained of to enter into Recogniz- recognizance, with good and sufficient surety, in any sum not less ance, when than fifty dollars, nor more than five hundred dollars, for his appearance hefore the district court on the first day of the next term thereof, and in the meantime that he shall keep the peace, and be of good behavior generally, and especially toward the person complaining.

given.

Default.

Judgment

plainant.

SEC. 3. In default of such recognizance and surety as provided in the preceding section, the justice shall commit the person complained of to the jail of the county, there to remain until discharged by due course of law.

SEC. 4. But if the justice on the examination shall be satisfied against com- that there is no just cause for the complaint, it shall be his duty to discharge the accused, and render judgment in the name of the Territory against the party complaining, for the costs of the prosecution, and the same shall be collected by execution as in civil cases.

to appear

SEC. 5. If any recognizance be taken under the provisions of Person bound this title in term time of that court to which the same may be forthwith. returnable, every such recognizance shall require the person bound thereby to appear forthwith before such court.

SEC. 6. All recognizances authorized to be taken as aforesaid, Delivered to either in term time or vacation of that court to which the same clerk. may be returnable, shall be delivered or transmitted by the justice taking the same, to the clerk of such court without unnecessary delay, and before the commencement of the term of the court next thereafter to be holden, if such recognizance be taken in vacation; but if the same be taken in term time, then it shall be returned forthwith.

amined On

SEC. 7. The district court to which any recognizance to keep witnesses exthe peace, as aforesaid, shall be returned, shall, upon the appear- oath. ance of the parties complaining and complained of, examine the witnesses produced upon oath, and may either discharge the accused from his recognizance, or may order him to enter into such other and further surety as may be just, thereafter to keep the peace, and be of good behavior for such term of time as the court may order.

SEC. 8. For want of such surety, the court shall commit the committed to person accused to the jail of said county, there to remain until jafl. such order be complied with, or he be otherwise discharged by due course of law; but in no case shall a person so failing to give surety be confined for a period of time exceeding three months.

and execution

SEC. 9. Whether such person be held to bail or be committed Judgment for want thereof, the court shall, in either case, render judgment against him for the costs of the prosecution and award execution therefor.

prosecute.

SEC. 10. When any person shall have been recognized to the Failure to district court, to keep the peace as aforesaid, and the complainant shall fail to prosecute his complaint, the party recognized shall be discharged unless good cause to the contrary be shown.

against com

SEC. 11. If the district court shall discharge the person Judgment accused on examination of the complaint, or because the com- plainant. plainant has failed to appear, said court shall render judgment against the person complaining, for the costs of prosecution, and award execution therefor.

presence of

SEC. 12. Every person who, in the presence of any justice Array in specified in the first section, shall make an affray or threaten to Justice. kill or beat another, or to commit any offense against the person or property of another, and every person who, in the presence of such officer, shall contend, with hot and angry words, to the disturbance of the peace, may be ordered, without process or any other proof, to give such surety as above specified in this title, and in case of failure or refusal, he may be committed in like manner as above specified.

TITLE II.
Search Warrant.

rant, for what

SEC. 13. It shall be lawful for any justice or other person Search warnamed in section one, to issue warrants to search any house or issued. place: