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CHAPTER 119.

WRIT OF ERROR.

AN ACT to Provide for the Privileges of the Writ of Error, and the Petition in Error in
Certain Cases.

writ or peti

tion in error in case of con

tempt.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming: SECTION 1. That in all cases where a judgment shall be, or has May have been rendered, by any of the district courts of this Territory, against any person for a contempt of court, except for cases of contempt committed in the actual presence of the court, there shall be allowed at any time within one (1) year from the date of the rendition of such judgment, a writ of error, or a petition in error, to the supreme court of this Territory; and such supreme court shall have full power, authority and jurisdiction to reverse or affirm the judgment of the lower court in such cases.

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

Approved, December 10, 1873.

AN ACT to Amend an Act entitled "An Act to Provide for the Privileges of the Writ of Error and the Petition in Error in certain cases,” Approved December 10, A. D. 1873.

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

third sections

SECTION 1. That the act entitled "An act to provide for the second and privileges of the writ of error and petition in error in certain act of Dec. 10, cases," approved December 10, 1873, be, and the same is hereby 1573 stricken amended by striking out the second and third sections thereof, and in lieu thereof that the following be enacted :

out.

Court requir

SEC. 2. That in all cases brought into the supreme court of supreme the Territory by writ of error, or presented by petition in error, ed to review the said court is authorized and required to review and correct all and correct rulings of the district courts made during the progress of such trict Courts. cases therein, upon all questions, whether resting for their decision in the discretion of the courts, or otherwise.

rulings of Dis.

how to issue,

SEC. 3. That [the] writ of error in civil cases is a writ of right, Writ of error, and shall be issued by the clerk of the supreme court, under seal disposition of. thereof, upon the written præcipe of the party desiring its issue.

Clerk of Court to make return, when and how.

Case,

when

to be heard.

Rules of prac

tice ble.

It shall issue in the name of the Territory of Wyoming, and shall be tested in the name of the chief justice of the supreme court; it shall be addressed to the judge of the court whose record is to be reviewed by it; it shall be returnable the tenth day from the date of its issue; it shall be served on the adverse party by leaving with him or his attorney of record a copy thereof, or if the adverse party is absent from the Territory, and has no attorney of record within the Territory, by publishing a notice of the issuance of the writ in the same manner and for the same time as in the commencemeut of a civil action.

SEC. 4. The clerk of the court to which any writ of error shall be directed, shall make return of the same on or before the return day, by transmitting with writ, under his hand and seal of the court, a transcript of the record and proceedings, containing the final judgment or order sought to be reversed, vacated, or modified. The plaintiff in error shall, upon the return of the writ, file with the record an assignment of the errors complained of.

SEC. 5. Cases brought up by writ of error shall stand for hearing at the first term after the service of the writ on the adverse party, or his attorney. And if the last publication or service be made ten days before the end of the term, the case shall stand for hearing at that term.

SEC. 6. The rules of practice and decision in the supreme applica- court, after the cause is at issue, shall be the same as in cases presented by petition in error, and only those judgments and orders may be reviewed on writ of error that it is now provided by law may be reviewed by petition in error. And the writ of error shall operate as a stay of execution in the same cases only, and upon like security and conditions, as is now provided by law in cases sought to be reviewed by petition in error.

In force.

SEC. 7. This act shall be in force from and after its passage.
Approved, December 1, 1875.

CHAPTER 120.

RETURN TO GENERAL FUND.

AN ACT to return to the General Fund in the Treasury the Unexpended Balances in any Fund Appropriated at the last Session of the Legislative Assembly, making an Appropriation to Pay certain Warrants, and for other Purposes.

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

in Territorial

SECTION 1. That the unexpended balance of any appropriation Balances unmade at the last session of the legislative assembly of this Terri- expended, retory, which shall stand to the credit of any fund for which an general fund appropriation was so made, after the payment of all warrants treasury. which may have been drawn against any such fund at the time of the passage of this act, be and the same are hereby returned to the general fund in the treasury, and shall be credited to the general fund by the treasurer.

tions

SEC. 2. That there is hereby appropriated out of any funds in Appropria the Territorial treasury not otherwise appropriated by law, a sum of Legislative sufficient to pay off and discharge all outstanding warrants drawn officers. in favor of the clerks and other officers of the last legislative assembly of Wyoming Territory, except any warrants which may have been drawn in favor of the president of the council, or the speaker of the house of representatives.

iffs reimburs

SEC. 3. That there is hereby appropriated out of any funds in County sherthe Territorial treasury, not otherwise appropriated by law, the ed sum of one thousand two hundred and seventy-three dollars, to pay off and discharge the outstanding certificates of indebtedness issued by the auditor on account of the transportation and subsistence of convicts, to-wit: To William Crawford, February 13, 1871, amount four hundred and thirty-five dollars and fifty cents; sheriff of Laramie county, June 2, 1871, amount five hundred and fifteen dollars; Z. R. Brockaway, June 30, 1871, amount, three hundred and twenty-two dollars and fifty cents.

SEC. 4. That all acts and parts of acts or joint resolutions an inconsistent herewith, be, and the same are hereby repealed.

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

Approved, 14th December, 1871.

acts inconsistent with, repealed.

session.

RESOLUTIONS AND MEMORIALS.

RESOLUTION.

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

Extension of That the present session of the Legislative Assembly of the Territory of Wyoming, be, and is hereby extended to sixty days from the twelfth day of October, one thousand eight hundred and sixty-nine.

Approved, November 20, 1869.

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JOINT RESOLUTION.

For An Appropriation to Defray the Expenses incurred for the Transportation of
Prisoners from Wyoming Territory to the House of Correction at Detroit, Michigan.

Be it Resolved by the House of Representatives, the Council concurring :
That a sum of money not to exceed seven hundred and fifty
dollars, be, and the same is hereby appropriated out of any money
in the Territorial treasury not otherwise appropriated, to defray
the expenses incurred in the transportation of prisoners from the
Territory of Wyoming, to the House of Correction at Detroit,
Michigan.

Approved, December 8, 1869.

Appropria

tions.

JOINT RESOLUTION.

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

SECTION 1. That the following sums of money be, and the same are hereby appropriated for the objects herein specified, to be paid out of any money in the Territorial treasury not otherwise appropriated, viz:

For the expense of transporting and subsisting convicts, three thousand five hundred dollars; for compensation of Territorial officers, five thousand dollars; Territorial officers' contingent fund, three thousand dollars; for contingent expenses for the governor's office for two years, twelve hundred dollars: L. L. Bedell & Company, five hundred and eleven dollars and forty-four cents; for

printing, two hundred and thirty-eight dollars and fifty-six cents. That the sum of two hundred and fifty dollars be appropriated for the benefit of William C. Stanley, and two hundred and fifty dollars to Edward Orpen, for compensation of writing up and indexing the journals of both houses.

Approved, December 10, 1869.

MEMORIAL

To His Excellency, U. S. Grant, President of the United States:

Your memorialists, the Legislative Assembly of the Territory Memorial, of Wyoming, would respectfully represent that, by the terms of a treaty between the United States and Shoshone and Bannack Indians, concluded at Fort Bridger, July 3, 1868, and ratified February 16, 1869, a large and valuable portion of the Territory of Wyoming, then and still occupied by citizens of the United States for mining and agricultural purposes, was ceded to the Shoshones to the great injury of the numerous settlers, then and previously occupying and developing that portion of the public domain. The large and flourishing mining community, known as Hamilton City or Miner's Delight, which has already contributed extraordinary amounts of gold dust and bullion to the world, and numerous other gold-producing creeks and gulches tributary to the Popo-Agie and Wind rivers, are within the limits of the district ceded as a reservation to those Indians. The whites occupying and cultivating the lands of the Popo-Agie and Wind river valleys were bona fide settlers thereon a year previous to the Bona fide setconclusion of said treaty, and these settlers and miners are now, and for the past year have been, treated as intruders and trespassers, notwithstanding their permanent and valuable improvements, and are almost entirely without the benefits of civil law, being, by virtue of said treaty, placed beyond the jurisdiction of the courts of this Territory, a condition of affairs subjecting them to many privations and great injustice.

tlers.

Your memorialists would further represent to your excellency Shoshones. the fact that the Shoshones could not live in peace upon said reserve, owing to the proximity of that tract of country to the heart of that portion of the Territory occupied by their hereditary eneinies, the Sioux and Northern Cheyennes, who, during the spring, summer and fall, make continuous warlike raids into the valleys of Wind river and Popo-Agie, driving out and slaughtering indiscriminately settlers and Shoshones, and that the expected presence of the Shoshones renders the situation of the settlers more precarious than it would be did the Sioux and Cheyennes not hope to there meet and exterminate the Shoshones. It is further a wellknown fact to settlers and mountaineers of the district and reservation in question, that for their security in summer, the Shoshones are compelled to emigrate into Utah, and for their subsistence in winter, they are compelled to seek game beyond Owl creek, the northern boundary of their reservation. Thus it is, that while the reservation is utterly valueless to the Shoshones, affording

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