otherwise, if any corporation now existing, or which hereafter may be formed, unless some other person or persons be appointed by the legislature or some court of competent jurisdiction, the board of trustees or directors of such corporation, or the managers of the corporate affairs by whatever name known, acting last before the time of their dissolution, and the survivors of them, shall be the trustees. of the creditors and stockholders of the corporation dissolved, and shall have full power to settle the affairs of the same, to sue for and collect the debts and moneys due the corporation, or to compound and settle the same as they may deem best; to have, hold, reserve, sell and dispose of property real and personal of every such corporation dissolved, to adjust and pay all the debts of the corporation dissolved, to divide the residue of the moneys and property belonging to the corporation dissolved, after payment of debts and the necessary and reasonable expenses, among the stockholders holding stock in such corporation, in proportion to the amount of stock of each stockholder paid up; all such trustees shall be jointly and severally liable to the creditors and stockholders of such corporation dissolved, to the extent of the property and effects which shall come into their hands and possession, or into the hands or possession of any of them. Duties of trus bees on dissolution. Title to proper. tees. SEC. 2. The title to all real and personal estate belonging to any such corporation, shall immediately upon the dissolution to rest in trus thereof, unless by a decree of a court of competent jurisdiction declaring such dissolution, it is otherwise ordered, pass to and rest in such trustees, directors or other managers, and an action at law may be maintained by such trustees or directors, or the survivors of them, in their own names by the style of the trustees of such corporation dissolved, naming it, for the recovery of all such property or of any damage done to the same, or for the recovery of any debts due such corporation dissolved. SEC. 3. No suit or action at law or in chancery whereto any corporation is or may be a party, shall abate by reason of the dissolution of such corporation by expiration of its charter of incorporation or otherwise; but the trustees or No suit to abate May prosecute in corporate Lien or execution not to be sus ended or dissolved. No execution to issue subsequent to dissolution. Jurisdiction of cour; of chancery directors of such corporation, acting as trustees to the stockholders and creditors after the dissolution as herein provided, or the survivors of them, or the trustee or trustees, receiver or receivers, appointed by the decree of any court. of competent jurisdiction, may prosecute or defend such suit or action in the name of the corporation dissolved, notwithstanding the dissolution. SEC. 4. Any corporation dissolved may, notwithstanding such dissolution, prosecute an action at law in the corporate name, for the use of the person entitled to receive the proceeds of such suit, upon any cause of action accrued, or which, but for such dissolution, would have accrued to such corporation and in the same manner, and with like effect as if such corporation were not dissolved. SEC. 5. The lien of a judgment or execution at law, or a decree of a court of equity, in favor of or against any corporation, shall not be dissolved or suspended by reason of the dissolution of such corporation, subsequent to the rendition of such judgment or the entry of such decree, or the issuing of such execution, but execution may be had thereof in the same manner as if such dissolution had not occurred. SEC. 6. No execution shall issue upon judgment at law, rendered against any corporation, subsequent to the dissolution of such corporation, but the same, with the costs thereof, shall be paid by the trustees as other debts. SEC. 7. Nothing in this article contained shall be construed to impair the jurisdiction of the court of chancery, to decree the dissolution of any corporation, or to appoint a receiver or receivers, trustee or trustees, to settle the affairs of any corporations dissolved by lapse of time or otherwise, and all trustees or managers of any corporation, acting as the trustees of the stockholders and creditors thereof, after the dissolution of the corporation, shall, in all things be subject to the control of the court of chancery; may be required Trustees to give to give bond with security, to be approved by the court, upon petition of any stockholder or creditor of the corporation dissolved, conditioned for the due discharge of bond. their trust; may be required to account for the proceeds of the property and effects of the corporation, and for any failure to give such bond or render such account, or for any default or neglect of duty, they or any of them may be removed by the court, and a successor appointed, or successors SEC. 8. This act shall be deemed a public act and shall take effect from and after its passage. Approved 10th December, 1869. HABEAS CORPUS, CHAPTER 9. AN ACT REGULATING PROCEEDINGS ON HABEAS CORPUS. Be it enacted by the Council and House of Representatives of the Territory of Wyoming, as follows: What the petk SEC. 1. The petitions for the writ of habeas corpus tion must state. must be sworn to and must state,― First, That the person on whose behalf it is sought is restrained of his liberty, and the person by whom, and the place where he is so restrained, mentioning the names of the parties, if known, and if unknown, describing them with as much particularity as practicable. Second, The cause or pretense of such restraint, according to the best information of the applicant; and if it be by virtue of any legal process, a copy thereof must be annexed, or a satisfactory reason presented for its absence. Third, It must state that the restraint is illegal and wherein. Fourth, That the legality of the imprisonment has not already been adjudged upon a prior proceeding of the same character, to the best knowledge and belief of the applicant, To be sworn to Who may allow May be allowed or if so previously adjudged upon, stating forth as fully as practicable, the facts of such previous hearing, with a copy of all the papers connected therewith, or a satisfactory reason for the absence of such copy or copies. Fifth, It must also state whether application for the writ has been made to and refused by any court or judge, and if such application has been made, a copy of the petition in that case, with the reasons for the refusal thereto appended, must be produced, or satisfactory reasons given for the failure to do so. SEC. 2. The petition must be sworn to by the person confined, or by some one in his behalf, and presented to some court or officer authorized to allow the writ. SEC. 3. The writ of habeas corpus may be allowed by the supreme or district court, or by any judge of either of those courts. In such cases, it may be served in any part of the territory. SEC. 4. It may also be allowed by any probate judge by probate judge of the county where the applicant is held at the time of making his, application, except when the commitment was made by order of one of the courts or officers mentioned in the preceding section; but when allowed by the probate court, it is valid only within the limits of county where issued. Must be made to the nearest court. When not al lowed. When allowed. SEC. 5. Application for this writ, when made to the supreme or district courts, or to either of the judges thereof, must be made to the court or judge most convenient in point of distance to the applicant, and the more remote court or judge, if applied to for the writ, may refuse the same unless a sufficient reason be stated in the petition, for not making the application to the more convenient supreme or district court or a judge thereof. SEC. 6. If, from the showing of the petitioner, the plaintiff would not, be entitled to any relief, the court or judge may refuse to allow the writ. SEC. 7. But if the petition show a sufficient ground for relief, and is in accordance with the foregoing requirements, the writ shall be allowed, and may be substantially as follows: The territory of Wyoming: To the sheriff of, &c., (or Form, to A. B., as the case may be) you are hereby commanded to have the body of C. D., by you unlawfully detained as is alleged, before the court, or before me, or before E. F., Judge, &c., (as the case may be) at on the day of SEC. 8. When the writ is allowed by a court, it is to be Who must issus issued by the clerk, but when allowed by a judge he must issue the writ himself, subscribing his name thereto without any seal. when disallowed. SEC. 9. If the writ is disallowed, the court or judge Proceedings, shall cause the reasons of said disallowance to be appended to the petition, and returned to the person applying for the writ. SEC. 10. Any judge, whether acting individually or as a member of a court, who wrongfully and wilfully refused such allowance of the writ when properly applied for, shall forfeit to the party aggrieved the sum of one thousand dollars. Forfeiture. Writ to be issued without ap SEC. 11. Whenever any court or judge authorized to grant this writ, has evidence from a judicial proceeding before plication. them, that any person within the jurisdiction of such court or officer, is illegally imprisoned, or restrained of his liberty, it is the duty of such court or judge to issue or cause to be issued, the writ as aforesaid, though no application be made therefor. SEC. 12. The writ may be served by the sheriff or by Who may serve any other person appointed for that purpose by the court, or judge by whom it is issued or allowed. If served by any other than the sheriff, he possesses the same power, and is liable to the same penalty for a non-performance of his duty as though he were the sheriff. writ. SEC. 13. The proper mode of service is by leaving the service, how made. |