Duties of trus

lution.

corporate character of such incorporations, and of all their powers, duties and liabilities, and the originals thereof, may in like manner be used in evidence of these matters with like effect.

ARTICLE V.

Of the Dissolution of Corporations.

SECTION 1. Upon dissolution by expiration of its charter or tee on disso- otherwise, of 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.

Title to prop erty to rest in trustees.

bate.

SEC. 2. The title to all real and personal estate belonging to any such corporation, shall, immediately upon the dissolution 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.

No suit to a- 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 dis solution of such corporation by expiration of its charter of incorporation or otherwise; but the trustees or 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.

May pros'cute

in corporate

name.

SEC. 4. Any corporation dissolved may, notwithstanding such dissolution, prosecute an action at law in the corporate naine, 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.

suspended or

SEC. 5. The lien of a judgment or execution at law, or a decree Lien or execu of a court of equity, in favor of or against any corporation, shall topmode br not be dissolved or suspended by reason of the dissolution of such dissolved. 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.

to issue subse

SEC. 6. No execution shall issue upon judgment at law, ren- No execution dered against any corporation, subsequent to the dissolution of quent to dissuch corporation, but the same, with the costs thereof, shall be solution. paid by the trustees as other debts.

court of chancery.

SEC. 7. Nothing in this article contained shall be construed to Jurisdict'n of 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 Trustees to required 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 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 or successors appointed.

SEC. 8. This act shall be deemed a public act and shall take effect from and after its passage.

Approved, 10th December, 1869.

NOTE-Section 1. of Article 3, was amended so as to include the "Ancient Order of Jolly Fellows," by act of December 16, 1871, and same section was amended so as to include the Emmett Monument Association," by act of December 13, 1873.-COMPILERS.]

give bond.

CHAPTER 35.

A

crime or misdemean'r.

Intention.

Person of s'nd mind.

Infant, when

not fo'nd guilty.

Lunatic, wh'n

CRIMES.

AN ACT Defining Crime and Providing for the Punishment Thereof.

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

TITLE I.

Of Crimes and Persons capable of committing Crimes. SECTION 1. A crime or misdemeanor consists in a violation of a public law, in the commission of which there shall be a union or joint operation of act and intention, or criminal negligence.

SEC. 2. Intention is manifested by the circumstances connected with the perpetration of the offense, and the sound mind and discretion of the person accused.

SEC. 3. A person shall be considered of sound mind who is neither an idiot nor lunatic, nor affected with insanity, and who hath arrived at the age of fourteen years, or before that age, if such person know the distinction between good and evil.

SEC. 4. An infant under the age of ten years shall not be found guilty of any crime or misdemeanor.

SEC. 5. A lunatic or insane person without lucid intervals, shall found guilty. not be found guilty of any crime or misdemeanor, with which he may be charged; Provided, The act so charged as criminal shall have been committed in the condition of insanity.

Proviso.

Idiot, not fo'd guilty.

ing, or enco'r

SEC. 6. An idiot shall not be found guilty, or punished for any crime or misdemeanor with which he or she may be charged. | Person coun- SEC. 7. Any person counseling, advising or encouraging an seling, advis infant under the age of ten years, lunatic or idiot, to commit any aging a luna- offense, shall be prosecuted for such offense when committed, as idiot, found principal, and if found guilty, shall suffer the same punishment guilty of er'me that would have been inflicted on such person counseling, advising or encouraging as aforesaid, had he or she committed the offense directly, without the intervention of such infant, lunatic or idiot.

tic, infant, or

SEC. 8. A married woman acting under the threats, command or coercion of her husband, shall not be found guilty of any crime or misdemeanor not punishable with death, provided it appears from all the facts and circumstances of the case, that violent threats, command or coercion were used; and in such case the husband shall be prosecuted as principal, and receive the punishment which

would otherwise have been inflicted on the wife, if she had been found guilty.

pur

no excuse for

SEC. 9. Drunkenness shall not be an excuse for any crime or Drunkenness misdemeanor, unless such drunkenness be occasioned by the fraud, crime except contrivance or force of some other person or persons, for the when. pose of causing the perpetration of an offense, in which case the person or persons so causing said drunkenness for such malignant purpose, shall be considered principal or principals, and suffer the same punishment as would have been inflicted on the person or persons committing the offense, if he, she or they had been possessed of sound reason and discretion. Where a crime rests in intention, the inebriated condition of the defendant at the time of committing the offense may be proven to the jury, as being upon the question of intention.

accidents.

SEC. 10. Acts committed by misfortune or accident, shall not Misfort'nes or be deemed criminal, where it satisfactorily appears that there was no evil design or intention, or culpable negligence.

mitting under

SEC. 11. A person committing a crime or misdemeanor not Persons compunishable with death, under threats or menaces which sufficiently threats. show that his or her life or member was in danger, or that he or she had reasonable cause to believe, and did believe that his or her life or member was in danger, shall not be found guilty; and such threats or menances being proved and established, the person or persons compelling by such threats or menaces, the commission of the offense, shall be considered as principal or principals, and suffer the same punishment as if he or she had perpetrated the

offense.

after commis

SEC. 12. A person that becomes lunatic or insane after the If person becommission of a crime or misdemeanor, ought not to be tried for comes insane the offense during the continuance of the lunacy or insanity. If sion of crime. after verdict of guilty and before judgment pronounced, such person become lunatic or insane, then no judgment shall be given while such lunacy or insanity shall continue, and if after judgment and before execution of the sentence such person become lunatic or insane, then in case the punishment be capital, the execution thereof shall be stayed until the recovery of such person from the insanity or lunacy. In all these cases it shall be the duty of the court to impanel a jury to try the question whether the accused be at the time of impaneling insane or lunatic.

TITLE II.

Accessories to Crime.

SEC. 13. An accessory is he or she who stands by and aids, Accessories to abets or assists, or who, not being present, aiding, abetting or crime. assisting, hath advised and encouraged the perpetration of the crime. He or she who thus aids, abets or assists, advises or when deem'd encourages, shall be deemed and considered as principal, and pun- principals. ished accordingly.

SEC. 14. An accessory after the fact, is a person who, after full Accessories afknowledge that a crime has been committed, conceals it from the ter the fact. magistrate, or harbors and protects the person charged with or found guilty of the crime. Any person being found guilty of

How punish'd being an accessory after the fact, shall be imprisoned for any term, not exceeding two years, and fined in a sum not exceeding five hundred dollars, in the discretion of the court, to be regulated by the circumstances of the case, and the enormity of the crime.

Murder.

TITLE III.

Offenses against the Persons of Individuals.

SEC. 15. Every murder which shall be perpetrated by means of poison, or lying in wait, or by any other kind of wilful, deliberate and premeditated killing, shall be deemed murder in the first First degree. degree, and upon conviction thereof, the perpetrator shall suffer Punishment. death by hanging by the neck.

Second degree

SEC. 16. Any person who shall purposely and maliciously, but without deliberation and premeditation, kill another, such person shall be deemed guilty of murder in the second degree, and on Punishm't for conviction thereof, shall be imprisoned in the penitentiary, or Territorial prison, and kept at hard labor during life.

murder.

Rape, arson, robbery, wh'n

SEC. 17. Any person who, in the perpetration or attempt to death follows. perpetrate any rape, arson, robbery or burglary, shall kill another, such person shall be deemed guilty of murder in the second degree, and on conviction thereof, shall be imprisoned in the penitentiary, or Territorial prison, and kept at hard labor during life.

Killing upon sudden quarrel.

slaughter.

SEC. 18. If any person shall unlawfully kill another without malice, either upon a sudden quarrel or unintentionally, while the slayer is in the commission of some unlawful act, every such perGuilty of m'n- son shall be deemed guilty of manslaughter, and upon conviction thereof, shall be imprisoned in the penitentiary, and be kept at Punishment. hard labor not more than ten years, nor less than one year, and the length of time between one and ten years, for which the defendant may be imprisoned, shall be fixed by the verdict of the jury. SEC. 19. If any person shall unlawfully kill another in the heat weaponerous of passion, by means of a dangerous weapon, or in a cruel and inhuman manner, every such person shall be deemed guilty of manslaughter, and upon conviction thereof, shall be imprisoned Punishment. in the penitentiary, and kept at hard labor not more than ten years, nor less than one year. The jury, by their verdiet, shall fix the time of such imprisonment within the period aforesaid.

Killing with

Killing on account of cul

SEC. 20. If any person shall unlawfully kill another, without pable neglect. malice, either upon a sudden quarrel, or unintentionally or by any culpable neglect, or criminal carelessness, every such person shall be deemed guilty of manslaughter, and upon conviction Punishment. thereof, shall be imprisoned in the penitentiary of the Territory not more than four years, nor less than one year. The jury by their verdict shall fix the time of such imprisonment within the period

aforesaid.

Homicide,w'n SEC. 21. Homicide is excusable in the following cases:

excusable.

By accident.

Misfort ne a'd

First, When committed by accident and misfortune, in doing any lawful act, by lawful means with usual and ordinary caution, and without any unlawful intent;

Second, When committed by accident or misfortune in the heat heat of passin of passion upon any sudden and sufficient provocation, or upon a