and no set-off or counter claim must be allowed in any such suit for any debt, unless it was owing to such creditor by such debtor at the time of the adjudication of his insolvency.

2. To take into his possession all the estate of such debtor, except property exempt by law from execution, whether delivered to him or afterwards discovered, and all books, vouchers, evidences of indebtedness, and securities belonging to the same.

3. From time to time to sell at public auction all the estate, real and personal, vested in him as such assignee, as ordered by the Court.

4. On such sales to execute the necessary conveyances and bills of sale.

5. To redeem all valid mortgages and conditional contracts, and all valid pledges of personal property, and to satisfy any judgments which may be an incumbrance on any property sold by him, or to sell such property subject to such mortgage, contracts, pledges or judgments.

6. To settle all matters and accounts between such debtor and his debtors, subject to the approval of the Court.

7. Under the order of the Court appointing him, to comcompound with any person indebted to such debtor, and thereupon to discharge all demands against such person.

8. To have and recover from any person receiving a conveyance, gift, transfer, payment or assignment, made fraudulently or contrary to any provision of this title, the property thereby transfered or assigned, or in case a delivery of the property cannot be had, to recover the value thereof.

At the expiration of three months (and earlier, if the Judge so direct) the assignee must exhibit to the Judge and the creditors, and file just and true acccounts of all his receipts and payments verified by his oath, and a statement of the property outstanding, with the cause of its outstanding; and stating what sum remains in his possession, and thereupon a dividend shall be made, unless, for cause shown, the Court or Judge otherwise order. Two or more persons who are parties.

in business may be adjudged insolvent, either on the petition of such partners, or any one of them.

The provisions of this law apply to corporations, and upon petition of any officer of any corporation duly authorized by the vote of the board of directors or trustees, at a meeting specially called for that purpose, or by the assent in writing of a majority of the directors or trustees, as the case may be, the like proceedings shall be had and taken as are provided in the case of individual debtors.

No creditor proving his debt or claim must be allowed to maintain any suit at law or in equity therefor against the debtor, but is deemed to have waived all right of action and suit against him, and all proceedings already commenced are deemed to be discharged and surrendered thereby; provided, that no valid lien existing in good faith thereunder is thereby affected; and further provided, that a creditor proving his debt or claim is not held to have waived his right of action or suit against the debtor, where a discharge is refused, or the proceedings are determined without a discharge.

All creditors whose debts are duly proved and allowed are entitled to share in the property and estate pro rata, without priority or preference whatever, other than as provided in this title.

At any time after the expiration of three months from the adjudication of insolvency, the debtor may apply to the Court for a discharge from his debts, and the Court must thereupon order notice to be given to all creditors who have proved their debts, to appear on a day appointed for that purpose, and show cause why a discharge should not be granted the debtor; said notice must be given by mail, and by publication at least once a week for four weeks, in a newspaper published in the county, or if there be none, in a newspaper published nearest such county; provided, that if no debts have been proven, such notice is not required.

No discharge must be granted, or if granted is valid, if the debtor has sworn falsely in his affidavit annexed to his petition schedule or inventory, or upon any examination in the course

of the proceedings in insolvency, in relation to any material fact concerning his estate or his debts, or to any other material fact or if he has concealed any part of his estate, or effects, or any books or writings relating thereto; or if he has been guilty of any fraud or willful neglect in the care, custody or delivery to the assignee of the property belonging to him at the time of the presentation of his petition and inventory, excepting such property as he is permitted to retain under the provisions of this title; or if he has caused or permitted any loss or destruction thereof; or if, within one month before the commencement of such proceedings, he has procured his lands, goods, money, or chattels to be attached, or seized, on execution; or, if he has destroyed, mutilated, altered, or falsified any of his books, documents, papers, writings, or securities, or has made or been privy to the making of any false or fraudulent entry in any book of account or other document with intent to defraud his creditors; or if he has made any fraudulent gift, transfer, conveyance, or assignment of any part of his property, or has admitted a false or fictitious debt against his estate; or if, having knowledge that any person has proven such false or fictitious debt, he has not disclosed the same to his assignee within one month after such knowledge; or if, being a merchant or tradesman, he has not, subsequently to the passage of this title, kept proper books of account; or if he or any other person on his account, or in his behalf, has influenced the action of any creditor at any stage of the proceedings, by any pecuniary consideration or obligation; or if he has, in contemplation of becoming insolvent, made any pledge, transfer, assignment, or conveyance of any part of his property, directly or indirectly, absolutely or conditionally, for the purpose of preventing the property from coming into the hands of the assignee, or of being distributed under this title in satisfaction of his debts; or if he has been convicted of any misdemeanor under this title; or has been guilty of fraud contrary to the true intent of this title; or has received the benefits of this or any other act of insolvency or bankruptcy within three years next preceding his application for discharge, and before any dis

charge is granted, the debtor must take and subscribe on oath to the effect that he has not done, suffered or been privy to any act, matter or thing specified in this title, as ground for withdrawing such discharge, or as invalidating such discharge if granted.

No debt created by fraud or embezzlement of the debtor, or by his defalcations as a public officer, or while acting in a judiciary character, and no indebtedness or liability for funds, deposits, or goods received as a banker, broker, commission merchant, or factor, can be discharged under this title, but the debt may be proved, and the dividend thereon is a payment on account of said debt; and no discharge granted under this title releases, discharges or effects any person liable for the same debt for or with the debtor, either as partner, joint contractor, indorser, surety or otherwise.

The refusal of a discharge to the debtor does not effect the administration and distribution of his estate under the provisions of this title.

When an attachment has been made, and is not dissolved before the commencement of proceedings in insolvency, or is dissolved by an undertaking given by the defendant, if the claim upon which the attachment suit was commenced is proved against the estate of the debtor, the plaintiff may prove the legal costs and disbursements of the suit, and of the keeping of the property, and the amount thereof is a preferred debt. An appeal may be taken to the Supreme Court in the fo lowing cases:

1. Allowing or rejecting a creditor's claim, in whole or in part.

2. Overruling a motion for a new trial.

3. Settling an account of an assignee.

4. Against or in favor of setting apart homestead or other property claimed as exempt from execution.

5. Granting or refusing a discharge to the debtor.

No assignment of any insolvent debtor, otherwise than as provided in this title, is legal or binding on creditors.

PART VII.

Wyoming Territory.

Prepared Expressly for this Work by C. N. Potter, Cheyenne.

CHAPTER I.

COURTS AND THEIR JURISDICTION.

The Courts provided for this Territory are a Supreme Court, District Courts, Probate Courts, and Justices of the Peace.

The Supreme Court has no original jurisdiction, except in habeas corpus cases. It exercises an appellate jurisdiction, principally in cases coming up from the District Courts.

The District Courts have chancery and common law jurisdiction, and jurisdiction in appeals from the Justice and Probate Courts.

The Probate Court has no jurisdiction except over probate business

proper.

The Justices of the Peace have no jurisdiction of any matter in controversy where the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed three hundred dollars.