reg'r of deeds. material furnished, or either of them, as the case may be; and after making oath thereto, shall, within sixty days from the time of completing such labor and skill, or furnishing the last item of such machinery and material, file the same in the office of the register of deeds of the county in which the ledge, lead or lode, or bank may be situated, for which such labor, skill, machinery or material shall have been furnished, and shall also file at the same Account to be time a correct description of the property to be charged with said need with the lien, which account and description of said property, so made and filed, shall be recorded in a separate book to be provided for that purpose, and shall, for the time of the completion of the work, or furnishing material, and for one year thereafter, operate as a lien on the several descriptions of ledges, leads, lodes, mines or banks in the first section of this act named; when any labor has been done, or labor furnished, on a written contract, the same, or a copy thereof, shall be filed with the account herein required to be filed; Provided, That all lien claims for labor performed or mate- Lien claims to rial furnished shall be concurrent liens upon the same, and shall be paid pro rata out of the proceeds arising from the sale thereof, if the same shall be sold. be concurrent. SEC. 6. Every person holding such lien may proceed to obtain Judgments on a judgment for the amount of his account thereon, by civil action, tained. and when any suit or suits shall be commenced on such accounts within the time of such lien, the lien shall continue until such suit or suits be finally determined and satisfied, and in all actions. instituted under this act, all persons claiming liens upon the property sought to be affected, shall be made parties to such action or proceeding; and the rights of all parties to such action shall be determined by the court and such order made therein as shall preserve and protect the rights of all such parties under the provisions of this act. register. SEC. 7. The county register of deeds, for filing and recording Fees of county all papers under this act, shall be paid the same fees as are, or hereafter may be allowed by law for filing and recording deeds. SEC. 8. When any person who shall have filed his account and Satisfaction of perfected his lien, pursuant to the provisions of this act, shall have lien, entry of, received satisfaction for his claim and the legal costs of his proceedings therein, he shall, upon the request of any person interested, and within six days, enter satisfaction of his lien in the office where such account and lien is of record, which shall forever thereafter discharge, defeat and release the same. SEC. 9. If any person, having received satisfaction as specified in the preceding section, or having been tendered the amount due on his claim with legal costs, shall not, within six days after request, enter satisfaction as aforesaid, he shall forfeit and pay to the person Penalty for aggrieved, double the amount of damages which may have been neglect. sustained in consequence of such refusal or neglect. SEC. 10. The provisions of this act shall apply to oil wells or springs, and iron mines, so far as the same may be applicable, and to all mines not herein specified, within this Territory. SEC. 11. All acts and parts of acts conflicting with the provisions of this act are hereby repealed. SEC. 12. This act shall take effect and be in force from and after its passage. Approved, 16th December, 1871. CHAPTER 78. LOGS, LUMBER, WOOD, &c. AN Acr to secure the Free Passage of Logs and Lumber down the Several Creeks and Be it enacted by the Council and House of Representatives of the Ter- SECTION 1. That all creeks and rivers within the Territory of Wyoming of sufficient size for floating or driving logs, timber or lumber, and which may be used for that purpose, are hereby declared to be public highways, so far as to prevent obstructions to the free passage of logs, cross ties, wood, telegraph poles, timber or lumber down said streams, or either of them. SEC. 2. That no dam or boom shall hereafter be constructed or permitted on any river as specified in this act, unless said dam or boom shall have connected therewith a sluice-way, lock, or other fixture sufficient and so arranged as to permit logs, cross-ties, wood, telegraph poles, timber and lumber to pass around, through, or over said dam or boom, without unreasonable delay or hind rance. SEC. 3. Any boom or wear now in or over any river as aforesaid, that is so constructed as to prevent the free passage of logs or lumber, is hereby declared a public nuisance, which shall be abated unless a suitable sluice-way, lock or passage as above provided, be made thereon as aforesaid, within thirty days after writ ten notice given by any person interested, and any person or persons so owning, holding or occupying said boom or wear shali be liable to pay five dollars for every day the same shall be suffered to remain in or over said river, after having had thirty days' notice to remove said nuisance, (which may be recovered before any justice of the peace having jurisdiction in the case, and the amount so recovered shall be collected by said justice and paid into the county treasury of the county where such offense was committed, for the use of common schools therein,) and shall furthermore be liable for any damages sustained by individuals by reason of said nuisance. SEC. 4. This act shall take effect and be in force from and after its passage. Approved, December 2, 1869. AN ACT for the Protection of the Owners of Timber and Saw-logs in this Territory. Be it enacted by the Council and House of Representatives of the Territory of Wyoming: saw logs, lumber, meanor. SECTION 1. Any person, or persons, who shall wilfully and with- Taking or inout authority, take any saw-logs, lumber, timber, railroad ties, juring, poles, rails, posts, or fire-wood, that may be on any river or creek, etc., a misde on the land adjoining or near a river, which may have floated down said river or creek, or on to said land, or shall remove, or attempt to remove, the said logs, lumber, timber, railroad ties, poles, rails, posts or fire-wood, or who shall cut or split said logs, lumber, timber, railroad ties, poles, rails, posts or fire-wood, or otherwise destroy or injure them, shall be held guilty of a misdemeanor, and, upon conviction of any of the said offenses, shall be punished by imprisonment in the county jail of the proper county, Punishment not more than one year, nor less than three months, and shall pay a fine of not more than one hundred, nor less than ten dollars; Provided, That any person may remove any logs, lumber, timber, Proviso. railroad ties, poles, rails, posts or firewood, which may have floated on his own land or government land occupied by himself, to prevent obstructions to the occupant of said land. therefor. jurisdiction, when. SEC. 2. Any justice of the peace shall have concurrent juris- Justice to h've diction in his own county with the district court, of offenses in any the preceding section specified, when the value of the logs, lumber, timber, railroad ties, poles, rails, posts or fire-wood, taken or removed, shall be alleged not to exceed the sum of one hundred dollars, and in such case, the punishment shall be by fine, not less than twenty, nor more than eighty dollars, and if any person, on conviction for such an offense, shall refuse or neglect, for the space of ten days, to pay such fine, it shall be lawful for the justice, before whom the conviction was had, to commit such person or persons to the jail of the proper county, for a period not less than three months, nor more than one year. be may arrested. SEC. 3. It shall be lawful for any officer in whose hands a writ Persons shall have been placed for the apprehension of any person or persons, where. charged with taking or removing any saw-logs, lumber, timber, railroad ties, poles, rails, posts or fire-wood, to arrest such person or persons, on any part of a river, creek or lake, on any island, in a river or lake contiguous to his proper county, and to secure the logs, lumber, timber, railroad ties, poles, rails, posts or fire-wood, so taken or removed, so that the owner thereof may be put in possession of the same. for receiving secreting SEC. 4. Any person or persons who shall purchase, receive or Punishment secrete saw-logs, lumber, timber, railroad ties, poles, rails, posts or for fire-wood, so taken, or removed, or who shall cut or otherwise logs. injure logs, lumber, timber, railroad ties, poles, rails, posts or firewood so taken or removed, shall be punished in the same manner, and to the same extent, as hereinbefore provided in this act for taking, removing, or destroying saw-logs, lumber, timber railroad ties, poles, rails, posts or fire-wood. SEC. 5. It shall be deemed necessary for the owners of saw- Brands. logs, lumber, timber, railroad ties, poles, rails, posts or fire-wood, to brand the same with a good and sufficient brand, said brand to be Fees, Cutting out ty therefor. recorded in the office of the county clerk, or register of deeds for the county, or counties, where such creek, river or lake is situated. SEC. 6. Each county clerk or register of deeds shall be entitled to receive the following fees for his services under the provisions of this act, to-wit: for recording any brand, fifty cents; for giving certificate of the same, fifty cents. SEC. 7. Whoever shall unlawfully cut out, alter or destroy any brands, penal brand of the owner, made on any logs, timber, lumber, railroad ties, poles, rails, posts, or fire-wood, put into any river, creek or lake, he shall, on conviction, be fined in a sum not less than ten dollars nor more than fifty dollars, and shall be liable to the party injured in three times the amount of damages. Presumptive evidence. SEC. 8. In any suit under the provisions of the preceding tion, if such logs, timber or lumber, railroad ties, poles, rails, posts or fire-wood shall be found in the possession of the defendant, with the marks cut out, altered or destroyed, it shall be considered presumptive evidence of his guilt, and the burthen of proof shall be upon him to discharge himself. SEC. 9. This act shall take effect and be in force from and after its passage. Approved, 9th December, 1869. NOTE.-Sections 1, 2, 3, 4, 5, 7 and 8 were amended to read as above by act approved Der 10th, 1878.--COMPILERS.] collect timber AN ACT Relative to the Seizure of Wood, Lumber and Timber, and for other Purposes. Be it enacted by the Council and House of Representatives of the Terri tory of Wyoming: An offer to as- SECTION 1. Any person or persons, who shall assess, levy or sess, levy or collect any tax, contribution, rate or fine, or shall attempt or tax without threaten, or offer to assess, levy or collect any tax, contribution, law, is a felo- rate or fine, within the limits of this Territory, on any timber, authorliy of ny. tach or take ties, spiles or wood, etc. lumber, wood, or other property of whatever description, without due process of law, first had and obtained, or in violation of the laws of the United States, or of this Territory, the person or persons so offending, shall be guilty of felony, and, on conviction, shall be fined three times the amount so assessed, or attempted to be assessed, and imprisoned in the penitentiary not less than one year, nor more than five years; one-half the fine so assessed shall be paid to the party complaining, the remainder to the genera county fund. Shall not at- SEC. 2. Any person or persons who shall levy on, seize, attach possession of or take possession of any timber, lumber, ties, spiles or wood of any timber, any description, under pretense of holding the same for non-payment of any tax, contribution, rate or fine, due the United States, or under the pretense that the same has been cut on the public lands of the United States, shall be guilty of a felony, and, on conviction, shall be fined not less than five hundred dollars, and imprisoned in the penitentiary not less than one year, unless the person or persons so offending, shall have been duly serving a process of court, or shall prove that the timber, lumber, ties, spiles or wood of any description, so seized by them, was cut on the public lands of the United States, within this Territory, in violation of the laws of the United States. SEC. 3. Any person or persons aiding, abetting or counseling Aiders the commission of any of the offenses herein described, either abettors. before or after the commission thereof, shall be regarded as principals to said felony, and, on conviction, shall be punished as such. SEC. 4. All acts and parts of acts, and all laws and parts of Repealed. laws of this Territory, inconsistent, or coming in eputact with this act, are hereby repealed. SEC. 5. This act shall be in force from and after its passage. In force. and |