or damage any bridge, embankment, mill dam, or ditch, being the property of another, or break or destroy the windows or doors of any dwelling house or other house, belonging to or occupied by another, or shall set fire to or burn, or destroy, or procure or cause to be burnt or destroyed, any barrack, cock, crib, rick or stack of hay, corn, wheat, oats, barley, or other grain of any kind, being the property of another, or shall cut down, girdle, or destroy any fruit or shade tree, standing or growing upon the premises of another, or cut, pull down, or destroy any gate, post, railing or fence; pull down, burn or destroy any pile or piles of wood, boards, or plank, or other lumber, being the property of another, or shall for malice or mischief, overturn any cart, wagon or other carriage, or run them into sloughs, holes, or other places, or shall cut loose or set adrift any canoe, ferry, flat, skiff, boat, or other vessel for mischief, or shall unlawfully, wantonly, willfully, maliciously, kill, wound, disfigure or destroy any horse, mare, filley, colt or gelding, or any bull,. ox, steer, bullock, cow, heifer, or calf, or any sheep or lamb, or any hog, pig or dog, or any other useful animal, being the property of another; every person so offending, on conviction, shall be fined not exceeding one hundred dollars, or be imprisoned in the county jail not exceeding three months, or both.

Destruction of

SEC. 152. If any person shall willfully and intentionally jails break down, pull down, or otherwise destroy or injure, in whole, or in part, any public jail, or other place of confinement; every person so offending, shall upon conviction, be fined in any sum not exceeding five thousand dollars, nor less than the value of such jail or place of confinement so destroyed, or of such injury as may have been done thereto by such unlawful act.

SEC. 153. Whenever the punishment for any crime or misdemeanor is discretionary, as to the amount or extent, the court may determine and [af]fix the same, whether the punishmont consists of imprisonment or fine.

SEC. 154. All fines imposed by virtue of any of the laws of this territory for the punishment of crimes and

Discretionary punishment.

Proviso.

Power of courts.

misdemeanors, where no other provisions are made, shall when collected, be paid into the treasury of the county where the offense shall be tried, for the use of such county; Provided, That nothing in this section contained, shall be so construed as to found or constitute a cause of challenge or objection to any grand or petit juror.

SEC. 155. Any court shall have power in all cases of conviction when any fine is inflicted, to order as part of the judgment of the court, that the offender shall be committed to jail, there to remain until the fine and costs are fully paid, or otherwise legally discharged.

Approved, December 10th, 1869.

COUNTY OFFICES.

Powera,

CHAPTER 4.

AN ACT CREATING THE SEVERAL COUNTY OFFICES AND DEFINING THE
DUTIES THEREOF.

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

ARTICLE I.

County Commissioners.

SEC. 1. Each organized county within the territory, shall be a body corporate and politic, and as such shall be empowered for the following purposes:

First, To sue and be sued.

Second, To purchase and hold real and personal estate for the use of the county and land sold for taxes as provided by law.

Third, To sell and convey any real or personal estate owned by the county, and make such order respecting the

same as may be deemed condusive to the interests of the inhabitants.

Fourth, To make all contracts and do all other acts in relation to the property and concerns of the county, necessary to the exercise of its corporate er administrative powers. Fifth. To exercise such other and further powers as may be especially conferred by law.

SEC. 2. Any real or personal estate, heretofore conveyed, or which may be hereafter conveyed to any county, shall be deemed the property of such county.

Conveyances.

County com

SEC. 3. The powers of a county as a body politic and corporate, shall be exercised by a board of county commis- missioners.

sioners.

SEC. 4. Each county organized for judicial purposes shall, at its own expense, provide a suitable court house and a sufficient jail and other necessary county buildings, and keep them in repair.

SEC. 5. In all suits or proceedings by or against a county, the name in which the county shall sue or be sued, shall be the "board of the county commissioners of the county of ," but this provision shall not prevent county officers, when authorized by law, from sueing in their name of office for the benefit of the county.

SEC. 6. In all legal proceedings against the county, process shall be served on said board of county commissioners or any member thereof, and they shall have the right and are authorized in the absence of the county attorney, to employ an attorney to prosecute or defend, for which they may make an appropriation out of the general county fund.

Court house.

Jail.

Sults, how titled.

Service of pro

cess.

paid.

SEC. 7. When a judgment shall be rendered against Judgment, how the board of county commissioners of any county, or against any county officer, in an action prosecuted by or against him or them in his or their name of office, where the same shall be payable by the county, no execution shall issue upon said judgment, but said judgment shall be paid by a tax levied and collected for that purpose as in the case of other county charges, and when so collected shall be paid by the county

Proviso,

Board, how

formed.

Place and time of meeting.

Per diem.

treasurer to the person to whom the same shall be adjudged, upon the delivery of a proper voucher therefor; Provided, That execution may issue on said judgment if payment be not made within sixty days after the time required for the payment of county taxes to the county treasurer by the proper officers of said county in each year.

SEC. 8. The board of county commissioners shall consist of three qualified electors, and who shall hold their offices for two years and until their successors are appointed or elected and qualified according to law, and each person elected as such commissioner, shall, on receiving a certificate of his election, take an oath to support the constitution of the United States and the organic act of this territory, and to perform the duties. of his office to the best of his ability, which oath being indorsed upon said certificate under the hand of the proper officer administering it, shall be filed by the judge of probate, and each of said commissioners shall also give bond to the people of the territory of Wyoming in the sum of one thousand dollars, and upon the same being approved and filled by the judge of probate, they or any two of them having filed the requirements of this section, shall be qualified to act as such commissioners, any two of whom shall be competent to transact business.

SEC. 9. The board of county commissioners of each county shall meet at the county seat of their respective counties on the first Monday in January, May, July and October in each year, and at such other times as in the opinion of the board the public interest may require, or that may be required by any existing provisions of law. Such commissioners may sit four days or longer at each regular session, and two days at each special or called session, but shall not receive any compensation for any length of time over four days at regular sessions.

SEC. 10. Each member of the board of county commissioners shall be paid by the county, a compensation for his services and expenses in attending the meetings of said board as provided in the preceding section, at the rate of five dollars per day for the time he shall actually attend as shall

appear on the minutes of the proceedings of said board and including the time necessary in going to and returning from the same. They shall also be entitled to fifteen cents per mile for the distance actually traveled in going to and returning from the county seat.

missioners.

SEC. 11. The board of county commissioners of each Powers of comcounty shall have power at any meeting:

First, To make such orders concerning the property belonging to the county as they may deem expedient.

Second, To examine and settle all accounts of the receipts and expenses of the county, and to examine, settle and allow all accounts chargeable against the county, and when so settled and allowed, they may issue county orders therefor as provided by law.

Third, To build and keep in repair county buildings, and if thought advisable, to cause the same to be insured in the name of the county treasurer, for the benefit of the county, and in case there are no county buildings, to provide suitable rooms for county purposes.

Fourth, To apportion and order the levying of taxes as provided by law.

Fifth, To represent the county and have the care of the county property and the management of the business and concerns of the county, in all cases where no other provision is made by law.

Sixth, To establish election precincts at such places in the county as the convenience of the inhabitants may require.

Seventh, To lay out, alter or discontinue any road running through the county, and also to perform such other duties respecting roads as may be required by law.

Eighth, To grant licenses for keeping ferries, toll bridges and toll gates as may be prescribed by law.

Ninth, To perform such other duties as are or may be prescribed by law.

SEC. 12. Every board of cou ty commissioners shall have a seal or scroll, until a seal can be procured, and may alter the same at pleasure; they shall sit with open doors, and all persons conducting themselves in an orderly manner

Seal.