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Second district

Third district.

Torms, when and where held.

United States ca606.

Ditto.

Ordered terms.

SEC. 3. The Hon. John W. Kingman, associate justice of the supreme court, is hereby assigned to the second judicial district, and shall hold terms of the district court in the counties thereof, at such times and places as shall be provided by law.

SEC. 4. The Hon. Wm. T. Jones, associate justice of the supreme court, is hereby assigned to the third judicial district, and shall hold terms of the district court in said county, as shall be provided by law.

SEC. 5. There shall be held during each year in the second and third judicial districts at the county seats of the several counties therein, as they now are or may hereafter be established, two general terms of court, commencing on the days following in each and every year; that is to say: In the second judicial district, in the county of Carbon, on the first Monday of December and May. In the county of Uinta on the first Monday of January and fourth Monday of July. In the county of Carter, on the first Monday of June and October. There shall be held during each year in the first judicial district at the county seats of the counties therein, general terms of the district court as follows: At the county seat of Laramie county on the third Monday of March, and third Monday of July and November. In the county of Albany at the county seat thereof on the first Monday of March and Steptember.

SEC. 6. The terms of court for transacting business arising in the first judicial district, under the constitution and laws of the United States, shall be held alternately at the county seats of Laramie and Albany counties; the first term thereof to be held at such place as the chief justice. shall designate.

SEC. 7. The terms of the court for transacting business arising in the second judicial district under the constitution and laws of the United States, shall be held alternately at the county seats of Carbon and Uinta counties, the first term thereof to be held at the county seat of Uinta county. SEC. 8. It shall be competent for the district court, at any regular term thereof, upon its own motion, or any judge

thereof in vacation, upon the written request of a majority of the board of county commissioners of the proper county, to order a special jury term of the district court, by giving thirty days notice in some newspaper published in the county, if there shall be one, if not one, some paper having a general circulation in such county, and where such notice shall be given in pursuance of this act, the court shall have the same powers as the court at a general term.

SEC. 9. There shall be held on the first Monday of Law terme, every recurring December, March, June and September in each year, a special term in the third judicial district, to be known as "law terms," at which terms the several district courts shall have the same jurisdiction and powers of the court at a general term, except it shall have no jury, either grand or petit.

SEC. 10. Whenever a special term shall occur the Law term same week of a general or ordered term provided for in merged. this act, the "law term" shall be merged in such term.

SEC. 11. Whenever it shall happen that either of the justices of the supreme court of this territory shall be unable, by reason of sickness or absence from the territory, to hold any general term, or any term ordered by any court or judge thereof provided for in this act, it shall be lawful for the governor to assign any other justice of the supreme court specially to hold said term; and all proceedings, orders. judgments and decrees had, made and pronounced, at the term so held by the justice so specially assigned, shall have the same force and validity as if the said court were held by the justice assigned generally to said district.

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Justice assign

SEC. 12. Whenever it shall happen that any justice of Adjournment. the supreme court shall fail to reach the place appointed for holding any term of the district court by two o'clock in the afternoon of that day, it shall be lawful for the clerk of said court to adjourn said court from day to day for three days, and on the third day at two o'clock in the afternoon to adjourn the term, unless he shall have reasonable ground to believe that by further adjournment not later than the following Monday, the justice assigned to hold said term will

Deputy clerke.

Baits, &c, where pending

be present, in which case the said clerk shall enter such. continuance in the records of the court, and all jurors, witnesses, and recognized persons in attendance, or who should have been in attendance, shall take notice of all adjournments, and in no wise be released from any liability that any witness, juror or recognized person may 'be under at the time of such adjournment, and all proceedings, actions, motions and orders shall be deemed adjourned like the court, from day to day or for the term, and no adjournment shall work a discharge or release of any recognized

person.

SEC. 13. The clerk of the district court in each district in which there are two or more counties, shall appoint a deputy in each county in his district wherein a court by law is required to be held, the judge of the district court approving such appointment, and every such deputy shall have power to execute the duties of the clerk within the county for which he is appointed, but all official acts shall be in the name of the clerk by the appointee as deputy, and the clerk shall be liable for all the acts of such deputy done by color of his appointment.

SEC. 14. All suits, actions, causes and proceedings, eivil and criminal, now pending in the district court of any of the counties of this territory, respectively, shall be deemed and held to be pending in the district courts of said counties respectively, the same as though this act had not been passed.

SEC. 15. This act shall take effect and be in force from and after its passage.

ALIENATION.

CHAPTER 40.

AN ACT CONCERNING ALIENATION BY DEED, OF THE PROOF AND RECORDING
OF CONVEYANCES AND THE CANCELLING OF MORTGAGES.

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

SEC. 1. Conveyances of lands or of any estate or interest therein, may be made by deed signed and sealed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or proved and recorded as directed in this chapter, without any other act or ceremony whatever.

SEC. 2. A husband and wife may, by their joint deed or mortgage, convey the real estate of the wife in like manner, as she might do by her separate deed or mortgage if she were unmarried.

SEC. 3. A deed of quit claim and release shall be sufficient to pass all the estate which the grantor could lawfully convey by deed of bargain and sale.

SEC. 4. A conveyance made by a tenant for life or years, purporting to grant a greater estate than he possessed or could lawfully convey, shall not work a forfeiture of his estate, but shall pass to the grantee all the estate which such tenant could lawfully convey.

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implied!.

SEC. 5. No covenant shall be implied in any convey- No covenant ance of real estate, whether such conveyance contains special covenants or not.

SEC. 6. No mortgage shall be construed as implying a Covenant for the payment of the sum thereby intended to be

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enant.

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secured, and where there shall be no express covenant for such payment contained in the mortgage, and no bond or other separate instrument to secure such payment, shall be given, the remedies of the mortgagee shall be confined to the lands mentioned in the mortgage.

SEC. 7. No grant or conveyance of lands or interest therein shall be void, for the reason that at the time of the execution thereof, such land shall be in the actual possession of another claiming adversely.

SEC. 8. Deeds or mortgages, executed within this territory, of lands or any interest in lands, shall be executed. in the presence of two witnesses, who shall subscribe their names to the same as such, and the person executing such deeds or mortgages, my acknowledge the execution thereof before any judge or commissioner of a court of record, or before any notary public or justice of the peace within the territory, and the officer taking such acknowledgment, shall indorse thereon a certificate of the acknowledgment thereof, and the true date of making the same, under his hand, and seal of office if there be one.

SEC. 9. If any such deed or mortgage shall be executed in any other state, territory or district of the United States, such deed or mortgage may be executed according to the laws of such state, territory or district, by any officer authorized by the laws of such state, territory or district, to take the acknowledgment of deeds or mortgages therein, or before any commissioner appointed by the governor of this territory for such purposes.

SEC. 10. In the cases provided for in the last preceding section, unless the acknowledgment be taken before a commissioner appointed by the governor of this territory for that purpose, such deed or mortgage shall have attached thereto a certificate of the clerk, or other propor certifying officer of the court of record of the county or district within which such acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be, that he knows the signature

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