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clerk's mak

how paid.

recording, verified by oath, shall be by the county clerk, laid before the first session of the county commissioners, who shall Expenses of allow the same, and order the same to be paid out of the county ing and re- treasury, and who shall, at the same time, assess the same smount, cording plat, pro rata, upon all the several sub-divisions of said tract, lot Assessment or parcel so sub-divided; and said assessment shall be collected against sub- with, and in like manner as, the general taxes, and shall go to divisions. the general county fund; or said county commissioners may direct Commission- suit to be brought in the name of the county before any court havsuit against ing jurisdiction, to recover of the said original owners or proprioriginal own- etors, or either of them, the said cost and expense of procuring and recording said plat.

is pro rata,

ers may bring

ers.

in case lot or

Duty of clerk SEC. 11. Whenever any congressional sub-division of land of sub-division forty acres, or less, or any lot or sub-division is owned by two or is owned by more persons in severalty, and the description of one or more of persons in the different parts or parcels thereof, can not, in the judgment of severalty. the county clerk, be made sufficiently certain and accurate for the

two or

Every convey. ance to be

ranty of description.

ty clerk in

tion.

appeal.

purposes of assessment and taxation without noting the metes and bounds of the same, said county clerk shall require, and cause to be made and recorded, a plat of such tract or lot of land, with its several sub-divisions, in accordance with the provisions of (this act, and he shall proceed in such cases according to the provisions of) section ten of this act, and all the provisions of said section in relation to plats of towns, cities, and so forth, shall govern as to the tracts and parcels of land in this section referred to.

SEC. 12. Every conveyance of land in this Territory shall be deemed a war- deemed to be a warranty that the description therein contained is sufficiently definite and accurate, to enable the county clerk to enter the same on the plat book required by law to be kept; and when there is presented, to be entered on the transfer book, any conveyance, in which the description is not, in the opinion of the Duty of coun- county clerk, sufficiently definite and accurate, he shall note said case or inac. fact on said deed, with that of the entry, for transfer, and shall erate descrip notify the person presenting the same that the land therein not sufficiently described, must be platted within thirty days therePerson ag- after. Any person aggrieved by the opinion of the county clerk, grieved may may, within said thirty days, appeal therefrom to the county commissioners, by claiming said appeal in writing, and thereupon no further proceedings shall be taken by the county clerk, and at County com- their next session, the county commissioners shall determine said determine. question, and direct whether or not said plat shall be executed and filed, and within what time, and if the grantor in such conveyance shall neglect for thirty days thereafter to file for record a plat of said land, and of the appropriate congressional sub-division in which the same is found, duly executed and acknowledged as required by the county clerk, or, in case of appeal, as directed by the county commissioners, then the county clerk shall proceed, as is provided in section ten of this act, and cause such plat to be made and recorded, and thereupon the same proceedings shall be had, and rights shall accrue, and remedies had, as are in said What clerk's section provided. Such plat shall describe said tract of land, and any other sub-division of the smallest congressional sub-division of which the same is part, numbering them by progressive numbers, setting forth the courses and distances, and number of acres,

missioners to

plat shall contain.

and such other memoranda as are usual and proper; and descriptions of such lots or sub-divisions according to the number and Numbers of designation thereof on said plat, shall be deemed good and suffi- plat, good, for cient for all purposes of conveyancing and taxation.

lots on clerk's

conveyancing and taxation.

record'd plats,

SEC. 13. None of the provisions of this act shall be construed Replatting of to require re-platting in any case, where plats have been made and not required. recorded in pursuance of any law heretofore in force; and all plats heretofore filed for record, and not subsequently vacated, are hereby declared valid, notwithstanding irregularities and omissions in the manner or form of acknowledgment or judge's certificate, but the provisions of this section shall not affect any action or proceeding now pending.

lots not re

SEC. 14. Any person who shall dispose of, or offer for sale, or offer to sell lease, any lots, in any town, or addition to any town or city, until corded, unthe plat thereof has been duly acknowledged and recorded as pro- lawful. vided in this act, shall forfeit and pay fifty dollars for each lot, and Penalty for part of lot sold, leased or disposed of, or offered for sale.

same.

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

Approved, December 11, 1875.

CHAPTER 117.

A vagrant.

VAGRANTS AND OTHERS.

AN ACT concerning Vagrants and Others.

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

SECTION 1. That any person able to support himself in any respectable calling, who shall be found within the limits of this Territory without any visible means of support, and living an immoral or worthless life, shall be deemed a vagrant, and, upon complaint made under oath by any resident of the county, before Shall be bright any justice of the peace within whose jurisdiction such person may be found, it shall be the duty of such justice to issue a warrant, under his hand and seal, for the apprehension of such person so charged, and cause him to be brougnt up immediately for an examination as to the charges made, which examination by the justice shall be conducted as in other cases.

before a jus

tice.

Penalty.

Jurisdiction

set to work or hire out.

SEC. 2. Any person found guilty of petit larceny, or of being a vagrant, shall be punished by a fine not exceeding one hundred dollars, and imprisonment not exceeding three months, or both, in the discretion of the court.

SEC. 3. In cases of vagrancy, and in cases of petit larceny, and of the justice. in all other cases in which a justice has jurisdiction to hear and determine, when the party charged is found guilty, it shall be lawful for the justice to sentence such persons convicted, to imprisonment at hard labor, or to fine them, or both; and, in default of the payment of fine by such persons convicted, it shall be the Sheriff may duty of the sheriff of the proper county to set them to work ou any public improvements, which he may deem proper; or, if deemed expedient by said sheriff, it shall be lawful for him to hire out persons so convicted, for such sum of money as he can most advantageously procure for their services. The rate of compensation to be allowed by the county for such prisoners shall be one dollar a day, and the same rate shall apply for services rendered in payment of fines imposed and costs incurred, when not paid in cash; Provided, however, That any person convicted under this law of vagrancy, may, before judgment is rendered, release himself by giving to said justice a bond, with good security, conditioned that he will, for the ensuing twelve months, be an honest man, engage in some honorable employment, and support himself and family, if he have one, without the aid and support of the county, so far as his natural abilities will enable him so to do.

Proviso.

be paid into

SEC. 4. All moneys paid on account of fines, or in any way Moneys must received from cases arising under the provisions of this law, shall, county trea after deducting all costs of proceedings, be paid into the county treasury, immediately upon its receipt; Provided, That if such person convicted under this law have a family, the money received for his hire only, shall, after deducting all costs, be paid over to the family of such person.

SEC. 5. All acts and parts of acts in any wise conflicting with Repealed. the provisions of this law are hereby repealed.

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

Approved, December 12, 1873.

Witness to

$1.00

mile of travel.

CHAPTER 118.

WITNESS FEES.

AN ACT entitled "An Act to Provide for Witness Fees in Justice Courts."

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

SECTION 1. That every person subpoenaed or sworn as a witness, receive and shall be entitled to receive the sum of one dollar per day for his ten cents per attendance, and ten cents per mile for going and returning from the place where they may be served with subpoena, to be taxed against the losing party; Provided, This act shall not be construed to apply to justices' courts when said justices shall be acting as recorders or police justices, under, and by virtue of any city charter of any city within this Territory.

Proviso.

In force.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved, December 11, 1875.

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