Justices have power to issus subpoenas.

Contest unless an alector.

shall be served at least ten days before the day so pointed out therein for the taking of the depositions.

SEC. 44. That the said justices or either of them shall have power, and are hereby authorized and required to issue subpoenas to all persons whose testimony may be required by either of the parties, and the said two justices, when met, shall hear and certify under seal, all testimony relative to such contested election, to the presiding officer of the branch of the legislative assembly where the person whose seat is contested, may be returned to [be] served at the next session.

SEC. 45. That no person shall contest the election of No person to any member of the council or house of representatives, unless he is an elector of that county or district from which the person is returned to serve; no testimony shall be received by the justices on the part of the person contesting the election, which does not relate to the point specified in the notice, a copy of which notice shall be delivered to the said justices and by them transmitted to the presiding officer of that branch of the legislative assembly where the contest is to be decided, with the other documents.

Method pursued in contosting.

SEC. 46. That the method to be pursued in contesting the election of persons declared duly elected sheriff, coroner. county recorder, county treasurer, county commissioner, or county assessor or other county officers, shall, in every respect, be similar to the method directed as aforesaid to be pursued in contesting the election of members of the council and house of representatives of the legislative assembly, save only that the testimony taken as aforesaid, and all matters relative to such contest, shall be sent to the probate court of the proper county, on or before the second day of the term next ensuing the thirty days allowed in which to take depositions, by the preceding sections; and the said probate court, at the said first term after thirty days shall have expired, shall hear and determine the contest. SEC. 47. That if any officer charged with any duties Panishment for under this act, shall refuse or neglect to perform the duties Beglect of duty. required of him by this act, according to the true intent and

meaning thereof, he shall, on conviction thereof, before any

court having cognizance to that amount, be fined in any sum at the discretion of the court, not exceeding two hundred dollars.

voting.

SEC. 48. Any person who shall vote in this territory, Fraudulent who has not been a resident thereof ninety days immediately preceding the election, or who at the time of the election is not twenty-one years of age, he knowing the same, or is not a citizen of the United States, or declared his intentions to become such, as provided by law, he knowing the same, shall on conviction thereof, be imprisoned in the penitentiary and kept at hard labor not less than six months, nor more than three years.

SEC. 49. Any person who shall procure, aid, assist, or advise another to go into any county for the purpose of giving his vote therein, knowing that such other person is not qualified to vote in such county, shall on conviction thereof, be fined in a sum not exceeding one hundred dollars.

SEC. 50. Any person who shall, after the opening of the polls, fraudulently put a ballot or ballots, or ticket or tickets into the ballot box, shall on conviction thereof, be imprisoned in the penitentiary and kept at hard labor not less than one year, nor more than three years.

SEC. 51. When any persons vote shall be received after having taken the oath prescribed in this act, it shall be the duty of the clerk of the election to write on the poll-book at the end of the name of such person, the word "sworn."

Punishment.

Ditto.

Ditto.

"Sworn."

SEC. 52. Any judge of the election who shall, after the Stuming. opening of the polls, put a ballot or ticket into the ballot box, except his own, or such as may be received in the regular discharge of his duty, shall on conviction thereof, be Punishment. imprisoned in the penitentiary and kept at hard labor not less than five years, nor more than ten years.

SEC. 53. That all fines and penalties imposed by this Fines and act, shall be recovered with costs of suit in an action of debt recovered.

for the use of the county.

SEC. 54. This act shall take effect and be in force from

and after its passage.

Approved, December 10, 1869.

penalties, how

LOGS AND LUMBER.

All creeks and rivers free.

No dam or

CHAPTER 69.

AN ACT TO SECURE THE FREE PASSAGE OF LOGS AND LUMBER DOWN THE
SEVERAL CREEKS AND RIVERS OF THIS TERRITORY.

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

SEC. 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 conboom permitted. structed or permitted on any river as specified in this act, unless said dam or boom shall have connected therewith s

Fine.

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 hindrance.

SEC. 3. Any boom or wier 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 written notice given by any person interested, and any person or persons so owning, holding or occupying said boom or weir shall 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 2d, 1869.

PUBLIC LANDS.

CHAPTER 70.

AN ACT PRESCRIBING RULES AND REGULATIONS FOR THE EXECUTION OF THE
TRUST ARISING UNDER THE ACT OF CONGRESS, ENTITLED "AN ACT FOR
THE RELIEF OF THE INHABITANTS OF CITIES AND TOWNS UPON

THE PUBLIC LANDS," APPROVED MARCH 2, 1867.

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

SEC. 1. When the corporate authorities of any city or

Corporate au

to dispose of lands.

town, or the judge of the district court for any county or thorities or judge district in this territory, in which any incorporated town may be situate, shall have entered at the proper land office, the land or any part of the land, settled and occupied as the site of such city or town, pursuant to and by virtue of the act of the congress of the United States, entitled, "an act for the relief of the inhabitants of cities and towns upon the public lands," approved March 2, 1867, it shall be the duty of such corporate authorities or judge to dispose of and convey the title to such lands or to the several blocks, lots, parcels or shares thereof, to the the persons hereinafter specified.

voyance.

SEC. 2. Any such corporate authorities or judge holding Deed of conthe title to any such land in trust, as declared in said act of

To be recorded

Public notice.

Occupants to

sign statement.

congress, shall by a good and sufficient deed of conveyance, grant and convey the title to each and every block, lot, share or parcel of the same, to the person or persons, who shall have, possess, or be entitled to the right of possession or occupancy thereof. according to his, her, or their several and respective right or interest in the same, as they existed in law or equity at the time of the entry of such lands, or to his, her, or their heirs or assigns; and when any parcel or share of such lands shall be occupied or possessed by one or more persons claiming the same by grant, lease or sale, from one or more other persons, the respective right and interest of such persons in relation to each other in the same, shall not be changed or impaired by any such conveyance. Every deed of conveyance made by such corporate authorities or judge, pursuant to the provisions of this act, shall be so executed and acknowledged as to admit the same recorded.

SEC. 3. Within thirty days after the receipt by them or him, of a patent for such lands, the corporate authorities, or judge entering the same, shall give public notice thereof, by publishing such notice in a newspaper printed and published in the county in which such city or town shall be situated, or in case there shall not be any newspaper published in said county, then in some newspaper printed and published at the seat of government of this territory. Such notice shall be so published once in each week for at least ten successive weeks, and shall contain an accurate description of the lands so entered, as the same is stated in the patent.

SEC. 4. Each and every person, company of persons, association or corporation, claiming to be an occupant or occupants, or to have, possess or be entitled to the right of occupancy, or possession of such lands, or any block, lot, share or parcel thereof, shall, within one year after the first publication of such notice, in person, or by his, her, their, or its, duly authorized agent or attorney, sign a statement in writing, containing an accurate description of the particular parcel in which he, she, they or it, claim to have an interest, and the specified right, interest, or estate therein, which he,