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Insanity or idjocy.

Sentence of mullity, when decreed.

Force or fraud.

Incapacity.

Evidence.

Divores, when decreed.

legal consent at the time of the marriage, nor when it shall appear that the parties, after they had attained the age of consent, had freely cohabited as man and wife.

SEC. 29. A bill to annul a marriage on the ground of insanity or idiocy, may be exhibited by any person admitted by the court to prosecute as the next friend to such idiot or lunatic.

SEC. 30. The marriage of a lunatie may also be declared void upon the application of the lunatic after the restoration of reason, but in such cases no sentence of nullity shall be pronounced, if it shall appear that the parties freely cohabited as husband and wife after the lunatic was restored to a sound mind.

SEC. 31. If there shall be any issue of a marriage annulled on the ground of force or fraud, the court shall decree their custody to the innocent person, and may also decree a provision for their education and maintenance out of the estate and property of the guilty party.

SEC. 32. A suit to annul a marriage on the ground of the physical incapacity of one of the parties, shall only be maintained by the injured party against the party whose incapacity is alleged, and shall in all cases be brought within two years from the solemnization of the marriage.

SEC. 33. No decree of divorce, and of the nullity of a marriage, shall be made solely on the declarations, confessions or admissions of the parties, but the court shall, in all cases, require other satisfactory evidence of the facts alleged in the bill for that purpose.

SEC. 34. In any suit brought for divorce on the ground of adultery, although the fact of adultery be established, the court may deny a divorce in the following

cases:

First, When the offense shall appear to have been committed by the procurement, or with the connivance of the complainant.

Second, When the offense forgiven by the injured party,

charged shall have Been and such forgiveness be

proved by express proof, or by the voluntary cohabitation of the parties with the knowledge of the offense.

Third. When there shall have been no express forgiveness, and no voluntary co-habitation of the parties, but the suit shall not have been brought within three years after the discovery by the complainant of the offense charged.

when a resident.

SEC. 35. If any married woman, at the time of Married women, exhibiting a bill against her husband, under the provisions of this chapter, shall reside in this territory, she shall be deemed a resident thereof, although her husband may reside elsewhere.

SEC. 36. All acts and parts of acts inconsistent with the provisions of this act, are hereby repealed.

SEC. 37. This act to take effect and be in force from and after the first day of January, one thousand eight hundred and seventy.

JURIES.

CHAPTER 11.

AN ACT TO PROVIDE FOR SELECTING, SUMMONING AND IMPANELLING
JURORS.

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

Repeals.

SEC. 1. All male citizens residing in any of the counties of this territory, having the qualifications of electors, and of jurors. sound mind and discretion, and not being judges of the supreme court or district court, clerks of the supreme and district courts, sheriffs, coroners, or jailors, or subject to any bodily infirmity amounting to a disability, and who have not been convicted of a criminal offense punishable by [the] imprisonment in the penitentiary, and are not subject to disability for the commission of any offense which by special provision

Who may be

Proviso.

Members of fire companies enipt.

ex

of law does or shall disqualify them, are and shall be competent persons, to serve on all grand and petit juries within their counties respectively: Provided, That persons over fifty years of age, ministers of the gospel, probate judges, county commissioners, licensed attorneys, practicing physicians, postmasters and carriers of the United States mails and all employees of any railroad company whose services are liable to be required in prosecuting the business of the road during the term of the court, shall not be compelled to serve as jurors.

SEC. 2. There shall also be exempt from serving as jurors, any person whose name appears as one of the first forty on the roll book of members of any organized fire or hook and ladder company in any incorporated city or town within this territory.

Firemen to furnish copy of

names.

Grounds for

excuso.

Sixty persons to be selected.

Persons not to serve two terms in succession.

SEC. 3. The names of persons claiming the benefit of exemption from jury duty under the provisions of the preceding section, shall be transmitted to the board of county commissioners for the county where they reside. prior to the time of said commissioners selecting the names of the jury as herein provided by the foreman of the respective companies to which said classes of persons belong.

SEC. 4. Any person may also be excused from serving on a jury when it shall appear to the court that the interest. of such juror or those of the public will be materially injured by his attendance, or when the state of his own health or that of any member of his family requires his absence.

SEC. 5. In each of the counties of this territory wherein a district court is appointed or directed to be holden, the county commissioners of the county shall, at least thirty days before the first day of the session of the court, meet together, or any two of them may meet and select sixty persons possessing the qualifications prescribed in the preceding section, and as nearly as may be, a proportionate number from each precinct in the county.

SEC. 6. In making such selection, the board of county commissioners shall not select any of the same persons who

actually served as jurors at the preceding term, and if any such persons shall be drawn and returned to serve as petit. jurors, it shall be the duty of the court to strike the names of such persons from the list of jurors and direct the sheriff to fill up the list from among the neighboring citizens qualified to serve as jurors under the provisions of this act.

SEC. 7. Certified lists of the persons so selected to serve as jurors, shall be placed in possession of the county clerk.

SEC. 8. On receiving such lists, the county clerk shall file the same in his office, and shall write down the names contained therein on separate pieces of paper (30 as to conceal the names) of the same size and appearance as nearly as may be, and shall fold up each of such pieces of paper and deposit them in a box to be kept by him for that purpose, to be labelled "jury box.”

Lists.

to be file

and names to be

deposed in jury

box.

fifteen days before

SEC. 9. At least fifteen days before any term of the To be drawn court at which a petit jury shall be required by law, or a fic term. grand jury ordered by the court, the county clerk of the county where such court is to be held, shall draw from the jury box the names of fifteen persons to serve as grand jurors and the names of twelve persons to serve as petit jurors.

two justices of the peace of said county, of the day and hour when such drawing will take place.

Notice five days

SEC. 10. At least five days before the drawing of such before drawing. jurors, the county clerk shall give notice to the sheriff and

At least

SEC. 11. At the time so appointed, it shall be the duty offers to of the sheriff of the county, in person or by his under sheriff, and the justices aforesaid, to attend at the county clerk's office of the county to witness such drawing, and if any two of said officers shall attend at the time and place appointed, the clerk shall proceed in their presence to draw the jurors.

two

present

SEC. 12. If two of the officers so notified do not appear, the county clerk shall adjourn the drawing of such jurors until the next day, and shall by written notice require any

Adjourument.

Clerk to draw, when.

Manner of drawing.

justice of the peace of the county to attend such drawing on the adjourned day.

SEC. 13. If at the adjourned day any two of the officers notified to attend the drawing of such jurors, shall appear, but not otherwise, the county clerk shall proceed in the presence of the officers so appearing to draw the jurors.

SEC. 14. The county clerk shall conduct such drawing as follows:

First, He shall shake the box containing the names of jurors returned to him, from which jurors are required to be drawn, so as to mix the slips of paper upon which such names were written, as much as possible.

Second, He shall then publically draw out of the box as many of said slips of paper containing such names, as shall be required by law, or specially ordered by such court.

Third, A minute of the drawing shall be kept by one of the attending officers, in which shall be entered the names contained on every slip of paper so drawn before any other slip of such kind shall be drawn.

Fourth, If, after the drawing, the whole number required for grand and petit jurors, the name of any person shall appear to have been drawn who is dead or become insane, or who has permanently removed from the county, to the knowledge of the clerk or any other attending officer, an entry of such fact shall be made in the minute of the drawing, and the slip of paper containing such name shall be destroyed.

Fifth, Another name shall be drawn in place of that contained on the slip of paper so destroyed, which shall in like manner be entered in the minute of the drawing.

Sixth, The same proceedings shall be had as often as may be necessary until the whole number of jurors required shall have been drawn.

Seventh, The minute of the drawing shall then be signed by the clerk and the attending officers, and filed in the clerk's office.

Eighth, Seperate lists of the names of the persons so drawn for petit jurors, with their place, of residence, and

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