to pay such fine, it shall be lawful for the justice, before whom the conviction was had, to commit such person or persons to the jail of the proper county, for a period not less than three months, nor more than one year. arrested, where. SEC. 3. It shall be lawful for any officer in whose Persons may be hands a writ shall have been placed for the apprehension of any person or persons, charged with taking or removing any saw-logs, to arrest such person or persons, on any part of a river, creek or lake, on any island, in a river or lake contiguous to his proper county, and to secure the logs so taken or removed, so that the owner thereof may be put in possession of the same. for receiving or SEC. 4. Any person or persons who shall purchase, Punishment receive or secrete saw-logs so taken or removed, or who shall secreting logs. cut or otherwise injure logs so taken or removed, shall be punished in the same manner, and to the same extent as hereinbefore provided in this act for taking, removing, or destroying saw-logs. SEC. 5. It shall be deemed necessary for the owners of Brands saw-logs to brand the same with a good and sufficient brand, said brand to be recorded in the office of the county clerk or register of deeds for the county or counties where such creek, river or lake is situated. SEC. 6. Each county clerk or register of deeds shall be entitled to receive the following fees for his services under the provisions of this act, to wit: for recording any brand, fifty cents; for giving certificate of the same, fifty cents. SEC. 7. Whoever shall unlawfully cut out, alter or destroy any brand of the owner, made on any logs, timber or lumber, put into any river, creek or lake, he shall, on conviction, be fined in a sum not less than ten dollars nor more than fifty dollars, and shall be liable to the party injured in three times the amount of damages. SEC. 8. In any suit under the provisions of the preceding section, if such logs, timber or lumber shall be found in the possession of the defendant, with the marks cut out, altered or destroyed, it shall be considered presumptive evidence of Fees. Cutting out brands. Presumptive evidence. his guilt, and the burthen of proof shall be upon him to discharge himself. SEC. 9. This act shall take effect and be in force from and after its passage. Approved 9th December, 1869. NOTARIES PUBLIC Governor to appoint notaries. Commissions attested by sec ded by register of deeds. CHAPTER 25. AN ACT RESPECTING NOTARIES PUBLIC. Be it enacted by the Council and House of Representatives of the Territory of Wyoming: SEC. 1. The governor shall appoint and commission in each county, as occasion may require, one or more notaries public, not exceeding four, who shall hold their offices for two years, unless sooner removed according to law. SEC. 2. When any person is appointed or commissioned retary and recor- a notary public by the governor, as provided in the preceding section, his commission shall be attested by the secretary of the territory, under the seal thereof, which commission shall be transmitted by the secretary to the register of deeds of the county in which said appointee resides, who shall record the same in a book to be by him kept in his office, for the purpose of recording therein all commissions issued by the governor to officers in his county. Bond and oath. SEC. 3. Each person so appointed to the office of notary public shall, within thirty days from the date of his commission, file with the register of deeds in whose office his commission is filed for record, a bond executed by himself and two sureties, to be approved by said register of deeds, which bond shall run to the territory of Wyoming in the sum of five hundred dollars, conditioned for the faithful performance of the duties of his office, and shall take and subscribe an oath or affirmation before the register af deeds that he will support the constitution of the United States and the organic law of this territory, and that he will faithfully and impartially discharge and perform all the duties of his office, and the register of deeds shall preserve the bond in his office, and record the commission and oath. in a book to be by him kept for that purpose, and shall send to the secretary of the territory a a written notice that the requirements of the law are complied with, which notice the secretary shall preserve in his office. ter. SEC. 4. Each notary public, before entering upon the Seal and regieduties of his office, shall provide himself with an official seal, with which he shall authenticate all his official acts, upon which seal shall be engraven his name, the words "notary public," and the name of the county wherein he resides, and the word "Wyoming;" and shall also provide himself with an official register, wherein he shall record all his official acts required by law to be recorded, and the scal and register of a notary public shall not be levied on or sold. taries. SEC. 5. Every notary public, so appointed, commis- Powere of nosioned and qualified, is hereby authorized and empowered, within the county wherein he resides, and for which he was appointed and commissioned, to administer oaths and affirmations, to take depositions, to receive acknowledgment of deeds, mortgages and powers of attorney and other instruments in writing, to demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and to protest the same for nonacceptance or non-payment, as the case may require; and to exercise such other powers and duties as by the law of nations and according to commercial usage may be exercised and performed by notaries public. of notary, evidence. SEC. 6. In all the courts within this territory, the Cercincate certificate of a notary publie over his hand and official seal, shall be received as presumptive evidence of the facts contained in such certificate: Provided, That any person interested as a party to a suit may contradict, by other Proviso. evidence, the certificate of a notary public. SEC. 7. Each notary public shall record in his official Register, what to contain. Negligence or misconduct. Register de ister of deeds. register, in a comprehensive manner, a copy of every bill of exchange, promissory note or obligation received by him for demand and protest, his official act and the date thereof, stating specifically the name of each drawer or indorser or other person notified, and the place where notice was delivered or to which notice was sent. SEC. 8. If any person shall be damaged or injured by the unlawful act, negligence or misconduct of any notary public, the person damaged or injured may maintain a civil action, on the bond of such notary public, against such notary public and his sureties; and a recovery in such action shall not be a bar to any future action for other cause, to the full amount of the bond. SEC. 9. Each person who has held the office of notary posited with reg- public shall, within thirty days after the expiration of his term of office, or his removal from office, or his removal from the county, deposit his official register with the register of deeds for the county, who shall preserve the same; and in case of death of a person holding the office of notary public, his executor or administrator shall, within thirty days after his decease, deposit his official register with the register of deeds, and any person who shall neglect or fail to fulfil and perform the duty prescribed in this section shall be liable in the penal sum of two hundred dollars, to be applied to the school fund of the county, which sum may be recovered by any citizen of the county sucing therefor. Failure. Initials on scal not to invalidate record. SEC. 10. If any register of deeds shall neglect or fail to fulfil and perform the duties imposed on him by this title, such person shall be liable in the penal sum of two hundred dollars, to be recovered and applied as provided in section nine. SEC. 11. No deed, mortgage, power of attorney, or other instrument in writing heretofore executed and acknowledged before a notary public, and no certificate of an official act of any notary public within this territory shall be held invalid or defective because the official seal of the notary certifying thereto, contained the initial or abbreviation of any name or word, or different words from those required to be contained or engraven on the seal of the notary public. and of register. SEC. 14. The secretary shall be entitled, for receiving Fee of secretary and forwarding the commission of a notary public, the sum of five dollars, and the register of deeds, for giving notice and recording the commission and oath, the sum of one dollar, to be paid by the person appointed. When justice or judge SEC. 15. When the holder of any instrument desires it to be protested and no notary public can be found, it shall protest. be lawful for any judge of probate or justice of the peace of the county wherein said instrument is required to be protested, to perform the services herein required to be performed by notaries public, and to be entitled to the same fees as are hereinafter provided for notaries publie for similar services. SEC. 16. Notaries public shall be entitled to the following fees, viz: Protesting note, one dollar; each notice served, fifty cents; taking acknowledgment, seventy five cents; for each mile traveled over the first mile he shall receive twenty-five cents. For all other duties required to be performed by them, the same fees as are allowed by law to clerk's of district court for similar services. Approved 10th December, 1869. Fees. may RETENTION OF MONEY. CHAPTER 26. AN ACT PROVIDING FOR THE RETENTION IN THIS TERRITORY, OF CERTAIN Be it enacted by the Council and House of Representatives SEC. 1. That all money which has been, or may be hereafter collected in this territory, during the current year, by the different collecting officers of the several counties, as a territorial tax for the territory of Dakota, shall be paid into the territorial treasury of Wyoming, by the several persons What money t be retained. |
