Gambar halaman
PDF
ePub

Homestead,

CHAPTER 62.

HOMESTEADS.

AN ACT to Provide for Homesteads in the Territory of Wyoming.

Be it enacted by the Council aud House of Representatives of the Terri tory of Wyoming:

SECTION 1. Every householder in the Territory of Wyoming, who entitled being the head of a family, shall be entitled to a homestead, not to one. exceeding in value the sum of fifteen hundred dollars, exempt Homestead from execution and attachment arising from any debt, contract or not liable for civil obligation entered into or incurred.

Exempt,when

Of what h'me

sist.

SEC. 2. Such homestead shall only be exempt as provided in the first section of this act, while occupied as such by the owner thereof, or his or her family.

SEC. 3. When any person dies seized of a homestead, leaving a widow, or husband, or minor children, such widow, or husband, or minor children, shall be entitled to the homestead, but in case there is neither widow, husband nor minor children, the homestead shall be liable for the debts of the deceased.

SEC. 4. The homestead mentioned in this act may consist of a stead m'y con- house and lot or lots, in any town or city, or if a farm consisting of any number of acres not exceeding one hundred and sixty acres, so that the value does not exceed fifteen hundred dollars.

May be mortgaged.

Proviso.

More than fif

dollars.

SEC. 5. Nothing in this [act] shall be construed to prevent the owner and occupier of any homestead from voluntarily mortgaging the same; Provided, No such mortgage shall be binding against the wife of any married man, who may be occupying the premises with him, unless she shall freely and voluntarily sign and acknowledge the same, and the officer taking such acknowledgment, shall fully apprise her of her right, and the effects of signing such mortgage.

SEC. 6. When any creditor shall be of the opinion that any teen hundred homestead provided for in this act, is of greater value than fifteen hundred hundred dollars, on filing an affidavit of that fact, with the clerk of the district court, such creditor may proceed against said homestead as in ordinary cases, and if, the said household shall sell for more than fifteen hundred dollars and costs, the excess shall be applied to the payment of the demand of such creditor, but in all such cases, the sum of fifteen hundred dollars, free of charge or expense, shall be paid to the owner of the homestead; and in case the said homestead shall not sell for more than fifteen

hundred dollars and costs, the person instituting the proceedings shall pay all the costs of such proceedings, and the said proceeding cease, and not affect or impair the rights of the owner of the homestead.

hun

dred dollars

SEC. 7. That in case of the sale of said homestead on execution Ffteen or otherwise, the proceeds of such sale, not to exceed fifteen hun- exempt. dred dollars, shall be exempt from attachment or levy on execution, and any subsequent homestead acquired by the proceeds thereof, shall also be exempt from execution or attachment, nor Exempt from shall any judgment or other claim against the owner of such attachment. homestead, be a lien against the same, in the hands of a bona fide

purchaser for a valuable consideration.

Approved 7th December, 1869.

[NOTE.-Section 1 was curtailed as above by act of 1873, without the executive approval.COMPILERS.]

CHAPTER 63.

Any rate valid.

Proviso.

No contract.

Interest on decrees.

count.

RATE OF INTEREST.

AN ACT to Regulate the Rate of Interest on Money and Other Evidences of Indebtedness in the Territory of Wyoming.

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

SECTION 1. Any rate of interest which may be agreed upon between parties, for the loan or forbearance of money, goods or things in action, shall be valid; Provided, That if such agreement be for a higher rate of interest than twelve per cent. per annum, the same shall be in writing.

SEC. 2. In the absence of any contract between the parties, the rate of interest upon loan or forbearance of money, goods, or things in action, shall be at the rate of twelve per cent. per annum.

SEC. 3. Interest on all judgments or decrees for money, shall be at the rate of twelve per cent. per annum from the date of the rendition and signing thereof until satisfied.

Balance of ac- SEC. 4. On money due on any instrument in writing, or on settlement of account from the day the balance shall be agreed on, money received to the use of another, and retained without the owner's consent, express or implied, from the receipt thereof, and on money loaned or due and withheld by unreasonable delay of payment, interest shall be allowed at the rate of twelve per cent. per annum. Unsettled accounts between parties shall bear interest after thirty days from the date of the last item thereof.

No time mentioned.

Warrants, orders, etc.

Debts not specified,

SEC. 5. When in any instrument in writing, specifying the rate of interest, no period of time is mentioned for which such rate is to be calculated, it shall be deemed to be by the year.

SEC. 6. Auditors' warrants, county orders, and other like evidences or certificates of indebtedness, shall bear interest at the rate of twelve per cent. per annum, from the date of the presentation thereof for payment at the treasury where the same may be payable, until there is money in the treasury for the payment thereof, and every Territorial or county treasurer to whom such order or warrant is presented for payment, provided he has not sufficient funds in the treasury to pay the same, shall indorse thereon the words "not paid for want of funds," and sign and date the same officially.

SEC. 7. The legal rates of interest in all debts, dues and demands not above specified, shall be at the rate of twelve per

cent. per annum, in the absence of any contract by the parties to

the contrary.

SEC. 8. All acts and parts of acts inconsistent with the provis- Acts repealed ions of this act are hereby repealed.

SEE. 9. This act to take effect and be in force from and after

its passage.

Approved, November 24, 1869.

CHAPTER 64.

[blocks in formation]

INTERMARRIAGE.

AN ACT to Prevent Intermarriage between White Persons and those of Negro, or
Mongolian Blood.

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

SECTION 1. That any person belonging to the caucasian or white race, who shall hereafter knowingly intermarry with a person of one-eighth, or more negro, Asiatic, or Mongolian blood, shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than three, nor more than seven years.

SEC. 2. That any person of one-eighth or more negro blood, or one eighth or more Mongolian blood, who shall hereafter intermarry with a white person, shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by imprisonment in the penitentiary for not less than one, or more than five years.

SEC. 3. That any minister of the gospel, justice of the peace, or other person, authorized by law to solemnize a marriage, who shall knowingly perform a marriage ceremony, marrying persons punished by the provisions of the preceding sections of this act for intermarrying with each other, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by impris onment not less than three months, nor more than one year, or by fine not less than one hundred dollars nor more than five hundred dollars, or both imprisonment and fine, in the discretion of the court.

SEC. 4. That any person authorized by law to grant a license to marry, who shall knowingly grant a marriage license to any of the persons referred to in sections one and two of this act, shall be deemed guilty of a misdemeanor, and shall suffer like penalty as provided in the next preceding section.

SEC. 5. This act shall take effect and be in force from and after its passage.

« SebelumnyaLanjutkan »