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CHAPTER 96.

PUBLIC LANDS.

AN ACT Prescribing Rules and Regulations for the Execution of the Trust arising under
the Act of Congress, entitled "An Act for the Relief of the inhabitants of Citfes and
Towns upon the Public Lands," Approved March 2, 1867.

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

judge to dis

veyance.

SECTION 1. When the corporate authorities of any city or town, Corporate auor the judge of the district court for any county or district in this thorities or Territory, in which any incorporated town may be situate, shall pose of lands. have entered, at the proper land office, the land or any part of the land, settled and occupied as the site of such city or town, pursu ant to, and by virtue of, the act of Congress of the United States, entitled, "An act for the relief of the inhabitants of cities and towns upon the public lands," approved March 2, 1867, it shall be the duty of such corporate authorities or judge, to dispose of, and convey the title to, such lands, or to the several blocks, lots, parcels or shares thereof, to the persons hereinafter specified. SEC. 2. Any such corporate authorities or judge, holding the Deed of contitle to any such land in trust, as declared in said act of Congress, shall, by a good and sufficient deed of conveyance, grant and convey the title to each and every block, lot, share or parcel of the same, to the person or persons, who shall have, possess, or be entitled to, the right of possession or occupancy thereof, according to his, her, or their several and respective right or interest in the same, as they existed in law or equity at the time of the entry of such lands, or to his, her, or their heirs or assigns; and when any parcel or share of such lands shall be occupied or possessed by Lands one or more persons claiming the same by grant, lease or sale, piedor posfrom one or more other persons, the respective right and interest of such persons, in relation to each other, in the same, shall not be changed or impaired by any such conveyance. Every deed of Conveyances conveyance made by such corporate authorities or judge, pursuant to the provisions of this act, shall be so executed and acknowledged as to admit the same to be recorded.

sessed.

occu

to be recorded.

to be given.

SEC. 3. Within thirty days after the receipt by them or him, Public notice of a patent for such lands, the corporate authorities, or judge entering the same, shall give public notice thereof, by publishing such notice in a newspaper printed and published in the county in which such city or town shall be situated, or, in case there shall not be any newspaper published in said county, then in some newspaper printed and published at the seat of government of this

Occupants to sign statem❜nt

Proviso.

Adverse cl'mants. Service

ants.

mination.

Territory. Such notice shall be so published once in each week for at least ten successive weeks, and shall contain an accurate description of the lands so entered, as the same is stated in the patent.

SEC. 4. Each and every person, company of persons, asssciation or corporation, claiming to be an occupant or occupants, or to have, possess, or be entitled to the right of occupancy, or possession of such lands, or any block, lot, share or parcel thereof, shall, within one year after the first publication of such notice, in person, or by his, her, their, or its, duly authorized agent or attorney, sign a statement in writing, containing an accurate description of the particular parcel in which he, she, they or it, claim to have an interest, and the specified right, interest, or estate therein, which he, she, they, or it, claim to be entitled to receive, and deliver the same to, or into the office of such corporate authorities or judge, and all persons failing to sign and deliver such statement within the time specified in this section, shall be forever debarred the right of claiming or recovering such lands, or any interest or estate therein, or any part, parcel or share thereof, in any court of law or equity; Provided, That the provisions of this section shall not apply to the property of minors or insane persons.

SEC. 5. Should two or more persons claim, adversely, the title to any lot or lots, or parcels of land within the boundaries of such city or town, the corporate authorities or judge having entered the same, shall, immediately after the time for filing claims has expired, certify and transmit all proceedings and papers, had or being before them or him in the premises, to the district court of the county, in which said lot or lots, or parcel of land are situated. Upon the receipt of the papers properly certified, and upon payment of court fee and costs, the clerk of such district court shall enter the case upon the register of actions, the name of the claimant. whose claim was first filed with, and by, such corporate authorities or judge, being entered upon such register as plaintiff, and the other claimant or claimants as defendant, and thereafter the cause shall proceed in all respects as in cases originally brought in said

court.

The clerk shall, upon the receipt by him of such papers and upon claim proceedings, serve upon each claimant, his agent or attorney, a written notice that the claim of such claimant is contested, which notice shall specify the particular lot, block or parcel so contested, Final deter- and the name of the adverse claimant. Upon the final determination of such contest, the clerk of the district court, or supreme court, as the case may be, shall forthwith certify the decision to the corporate anthorities, or judge, and, upon the receipt of such decision, duly certified, the corporate authorities, or judge, as in other cases, make out, execute and deliver to the party or parties, in whose favor the decision is made, a conveyance in fee simple for the lot or lots, or parcels of land awarded in such decision.

Appeal.

SEC. 6. Any party in such action, deeming himself or herself aggrieved by the determination or judgment of the district court in such cases, may appeal therefrom to the supreme court, as in other cases.

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simple.

SEC. 7. After the issuance of the patent for such lands, it shall Deed in fee be the duty of the corporate authorities, or judge, to whom such patent shall issue, to make out, execute, and deliver to each person, company, association or corporation, who may be legally entitled to the same, a deed in fee simple for such part or parts, lot or lots of land, on payment of his, her, their, or its, proper and due proportion of the purchase money for such land, together with his, her, their, or its, proportion of such sum as may be necessary to pay for streets, alleys, squares and public grounds, not Charges. exceeding fifty cents for each lot, and also such further sums as shall be a reasonable compensation for pre-paying, executing and acknowledging such deed, and not exceeding the sum of five dollars for the first, and one dollar for each additional lot claimed by the same owner; also for prepaying for the stamps required by the laws of congress and of this Territory to be attached to such deed, and also for counsel fee and for moneys expended in the acquisition of the patent and the administration of the trust, including reasonable charges for time and services employed in such trust, not exceeding the sum of fifty cents for each lot, and the foregoing charges shall be full payment for all expenses attending the execution of the trust.

est bidder,

SEC. 8. If all the lots, blocks, shares or parcels of such land, sold to highare not legally conveyed to the proper owners before the expira- when. tion of one year after the same shall have been passed upon by the corporate authorities or judge, or in case of contest, within thirty days after such contest shall have been finally determined,

the same shall be sold to the highest bidder, and the proceeds sold to the applied to the erection of public buildings for the benefit of such highest bidder city or town, after paying their proportionate share of the purchase money and other expenses, including expenses incurred by publication and sale. Notice of the sale authorized by this section, shall be published as is provided for the notice required by section three of this act; Provided, That the provisions of this Proviso. section shall not apply to the sale of real estate belonging to minors or insane persons, except upon an order of court authorizing such sale, which order may be made by the court upon an ex parte application, under oath, of the trustee named in this act. SEC. 9. Any corporate authorities or judge, becoming a trustee Trustees go under said act of congress, who shall, prior to the final execution of their trust, as provided in this act, go out of office, shall be, and they are hereby, authorized and empowered to discharge and execute all trusts which they may have assumed, in all respects in the same manner, and subject to the same duties and requirements as if they had continued in office.

out of office.

assume trust.

SEC. 10. In case of death, removal from the Territory, or other Successors to disability of the trustee to execute the trust created by said act of congress, it shall be lawful for the corporate authorities or judge of the district in which any such city or town is situated, who may succeed said trustee in office, to assume said trust, and they, or he, shall be authorized, and they are hereby empowered, to execute the same in all respects in the same manner, subject to all the duties and requirements as provided in this act; Provided, That if the Proviso. vacancy be caused by the death, resignation, or removal of one or

In force.

more of the board of trustees, the remaining members shall have the power to fill the vacancy, by the election of one of the then existing board of trustees, of such town, or city, to fill the vacancy or vacancies so created, who shall possess all the powers incident to the exccution of the trust imposed and assumed by the trustees thereof, until the final execution of the trust, unless other vacancies should thereafter occur, in which event, such additional vacancies shall be filled in like manner.

SEC. 11. its passage.

This act to take effect and be in force from and after

Approved, December 4, 1869.

[NOTE.-Section 10 was amended by adding the proviso, as above, by act of Dec, 2nd, 1875-COMPILERS.]

Purchaser's

occupancy or

AN ACT to Amend Chapter 70 (96 as now numbered) of the Laws of Wyoming Territory;
Approved December 4, 1869.

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

SECTION 1. That no person or corporation shall be allowed to claim limited Occupy or claim at the minimum rate, more than one-quarter to one-quarter block of the lands included in any one patent, nor to purchase a greater area than one-quarter block, except under the provisions of section eight (8) of said chapter.

block.

SEC. 2. That section ten (10) of said chapter be amended so as add after the last word of said section, the following words: [See the proviso added after the word "act," in the eighth line of section 10, chapter 96.]

Trustees may SEC. 3. The trustees, or a majority of them, of any trust er of attorney, created by the provisions of the said chapter, and of the act of Conauthorizing gress recognizing the said trust, and authorizing its existence, in to sign con- all cases where entries are made by the corporate authorities of

one

veyances.

In force.

any city, or town, or body corporate, may, by the execution of a power of attorney, to be recorded in the office of the register of deeds of the proper county, authorize any one member of the trustees to sign all conveyances of lots, or parcels of land included in the trust, in accordance with the provisions of said chapter 70, [96 as now numbered], as herein amended; Provided, That the trustees so empowered shall not be allowed to execute any such conveyance until directed to do so, in writing, by the trustees, or a majority of them; And provided further, That the majority of the trustees may at any time revoke the said power of attorney by making, acknowledging and recording the same [the revocation] in the office of the register of deeds of the proper county.

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

Approved, December 2d, 1875.

NOTE. The amendment to section 10 is inserted in chapter 96 cas now numbered), as directed by section 2 of this aet.-CoMPILER,]

AN ACT to Protect Persons Holding Claims on the Public Lands

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

ereignty.

SECTION 1. Any person settled on the public lands belonging Squatter sovto the United States, on which settlement is not expressly prohibited by congress, or some department of the general government, may maintain an action for any injuries done to the same; also an action to recover the possession thereof, in the same manner as if he possessed a fee simple title to said lands.

claim to be re

SEC. 2. On the trial of any such cause, the possession, or pos- Boundaries of sessory right of the plaintiff shall be considered as extending to spected. the boundaries embraced by the claim of such plaintiff, so as to enable him to have and maintain any of the aforesaid actions without being compelled to prove an inclosure; Provided, That Proviso. such claims shall not exceed, in any case, one hundred and sixty

acres.

SEC. 3. Every such claim, to enable the holder thereof to claim to be maintain any of the aforesaid actions, shall be marked out, so that marked out. the boundaries thereof may be readily traced, and the extent of such claim easily known, by the owner thereof placing, or having placed, within three months after the passage of this act, or thirty days after the taking of such claim, a post at each corner of said claim, having the name of the owner of such claim marked or written on said posts or stakes, stating which corner of said claim said post is intended to designate; and no person shall be entitled to the provisions or protection of this act, unless he or she be a citizen of the United States, or declared his intention to become such, and of this Territory, and shall make improvements on said Improvemets claim, every six months, to at least the amount of twenty-five dollars, or has a crop growing on said claim, or resides upon the

same.

necessary.

absence,

SEC. 4. A neglect to occupy or cultivate such claim for the six months' period of six months, shall be considered such an abandonment equivalent to as to preclude the claimant from maintaining either of the afore- abandonment said actions.

SEC. 5. This act shall take effect and be in force on and after In force. passage.

Approved, December 2, 1875.

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