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individual or corporation in any civil or criminal suit or proceeding at law in which this territory or his county may be a party, but in all such cases he shall prosecute or defend for said territory or county, and if such attorney shall fail, neglect or refuse to perform any and all official ility of duties enjoined upon him by law, he and his sureties shall be liable in each case on his official bond in a sum not less than one hundred dollars and not more than five hundred dollars, in the discretion of the court having jurisdiction of such

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ARTICLE IX.

County Superintendents of Public Schools.

SEC. 1. There shall be in each organized county, a superintendent of public schools, who shall, before entering upon the duties of his office, take the oath prescribed for other county officers, which oath shall be indorsed on the back of his certificate of election or appointment; he shall also give bond to the people of the territory in the penal sum of five hundred dollars for the faithful performance of all duties required of him by law as such superintendent, to he approve by the board of county commissioners, and, together with said certificate and oath. filed in the county clerk's office.

SEC. 2. Each superintendent of public schools shall have such powers and perform such duties as may be required of him as such superintendent by the laws of this territory, and shall receive such compensation as directed by law.

ARTICLE X.

Justices and Constable.

SEC. 1. There shall be elected or appointed in each county, one or more justices of the peace and constables, in such precincts as the board of county commissioners may direct, who shali, before entering upon the duties of their offices, take the oath required of other county officers, which oath shall be indorsed on the back of their cortificates

of election or appointment, and shall also give bonds in the sum of five hundred dollars each, payable to the people of the territory, with sufficient sreties, to be approved by the board of county commissioners, conditioned for the faithful discharge of the duties of their respective offices and that they will pay over all moneys which may come to their hands by virtue thereof.

SEC. 2. Each justice of the peace and each constable shall reside and have his office in the precinct where he resides at the time of his election or appointment.

ARTICLE XI.

Miscellaneous Provisions.

SEC. 1. Every sheriff, county clerk, and judge of probate shall keep his office at the county seat of his county. and in the office provided by the county; if there be none provided. then at such place as the board of county commissioners may direct, and they shall each keep the same open during the usual business hours of each day, sundays excepted; and all books and papers required to be in their offices, shall be open to the examination of any persong and if any person or officer shall neglect to comply with the provisions of this section, he shall forfeit, for each day he so neglects, the sum of five dollars.

SEC. 2. Every county officer provided for by law, shall, before entering upon the duties of his office, and within twenty days after the commencement of the term for which he was elected or appointed, execute and deposit his official Lond, as prescribed by law, and every such officer shall also, within the same time, take and subscribe the oath of office prescribed by law, before some officer authorized to administer oaths, and deposit the same with his official bond as prescribed by law.

SEC. 3. Copies of all documents, writs, proceedings, instruments, papers and writings duly filed or deposited in the office of any judge of probate, county clerk or county treasurer, and transcripts from books of record or

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proceedings kept by any of said officers, with the seal of his office affixed, shall be prima facie evidence in all cases.

SEC. 4. No county officer shall directly or indirectly ask, demand or receive for any service required to be by him performed in the discharge of any of his official duties any greater fees than are allowed by law, on pain of forfeiture of treble damages to the party aggrieved, and being fined in a sum not less than twenty-five dollars, and not more than two hundred dollars.

SEC. 5. Whenever any county officer shall be required to perform the official duties of any other officer in this territory, he shall, for the time being, have the same powers in respect to the duties of such office, as are given by law to the officer whose duties he shall perform, and shall be entitled to receive the same compensation for his services.

SEC. 6. Every official bond of any county officer, where not otherwise provided by law, shall be payable to the people of the territory of Wyoming, and an action shall lie thereon to the use of any party aggrieved, in the name of the people.

SEC. 7. No person shall be eligible for any county office unless he be an elector, and no person shall be received as surety on the official bond of any county officer unless he be an actual resident of this territory.

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SEC. 8. Each justice of the peace and each constable shall pay all moneys that may come into his hands by virtue of his office to any party or parties entitled to the same, upon demand of such party or parties, whether collected on attachment, execution or otherwise; and all moneys collected by any constable officially, shall be by him paid to the justice issuing the process whereby he collected the same, on the return day thereof, or as soon as collected if prior to the return thereof, and if any justice of the peace or constable shall fail, neglect or refuse to pay over any moneys as required in this section, or shall fail, neglect or refuse to deliver all book, papers, records or other property appertaining to his office to his successor in office, he shall be

subject to a fine of not less than twenty-five dollars, and not more than one hundred dollars, for each offense, and shall also be liable on his official bond to the person aggrieved.

Approved, 10th December, 1869.

GUARDIANS AND WARDS.

CHAPTER 5.

AN ACT CONCERNING GUARDIANS AND WARDS,

Be it enacted by the Council and House of Representatives of

the Territory of Wyoming, as follows :

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Sec. 1. The father is the natural guardian of the persons of his minor children. If he dies, or is incapable of acting, the mother becomes the guardian.

SEC. 2. The natural, and actual guardian of any minor child may, by will, appoint another guardian for such minor. If without such will, both purents be dead or dis qualified to act as guardian, the probate court may appoint one.

Sec. 3. Although the parents are living and of sound mind, yet if the minor has property not derived from either of them, a guardian must be appointed by the probate court to manage such property.

Sec. 4. The father, or, in case of his death, absence or incapacity, the mother may be appointed the guardian to take charge of the property of his minor child, if deemed by the court, a suitable person for that purpose.

Sec. 5. If the minor be over the age of fourteen years and of sound intellect, he may select his own guardian, subject to the approval of the court.

Sec. 6. Guardians appointed to take charge of the property of the minor must give bond, with surety, to be

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approved by the court, in a penalty double the value of the personal estate, and of the rents and profits of the real estate of the minor, conditioned for the faithful discharge of their duties as such guardians, according to law. They must also take an oath of the same tenor, as the condition of the bond.

SEC. 7. Within twenty days after their appointment, they must make out an inventory of all the property of the minor which shall be appraised in the same manner as the property of a deceased person. The inventory must be filed in the office of the judge of the probate court. SEC. 8. same power

Guardians of the persons of minors have the and control over them that parents would have

if living.

SEC. 9. Guardians of the property of minors must prosecute and defend for their wards. They must, also, in other respects, manage their intere: ts under the direction of the court; they may thus lease their lands or loan their money during their minority, and may do all other acts which the court may deem for the benefit of the wards.

SEC. 10. When not in violation of the terms of a will by which a minor holds his real property, it may, under the direction of the probate court, be sold or mortgaged on the application of the guardian, either when such sale or mortgage is necessary for the miner's support or education, or when his interest will be thereby promoted by reason of the unproductiveness of the property, or of its being exposed to waste, or of any other peculiar circumstances.

SEC. 11. The petition for that purpose, must state the grounds of the application, must be verified by oath, and a copy thereof, with a notice of the time at which such application will be made to the court, must be served personally upon the minor, at least ten days prior to the term fixed for such application.

SEC. 12. The court, in its discretion, may direct a postponement of the matter, and may order such further

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