Failure to make and record certificate.

Marriage when not void.

Proviso.

Any religious Society

Original certiBcate.

whose duty it is to make and transmit to the county clerk such certificate, shall neglect to make and deliver the same, or if the county clerk shall neglect to record such certificate, or if any person shall undertake to join others in marriage, knowing that he is not legally authorized so to do, or knowing of any legal impediment to the proposed marriage, or if any person authorized to solemnize any marriage shall wilfully and knowingly make a false certificate of any marriage to the county clerk, or if the said county clerk shall wilfully and knowingly make a false record of any certificate of marriage to him made, he shall be deemed guilty of misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or imprisonment for a period not exceeding one year, at the discretion of the court.

SEC. 14. No marriage solemnized before any person professing to be a justice of the peace or a minister of the gospel, shall be deemed or adjudged to be void, nor shall the validity thereof be in any way effected on account of any want of jurisdiction or authority in such supposed justice or minister; Provided, The marriage be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.

SEC. 15. It shall be lawful for any religious society to join together in marriage, such persons as are of the said society, according to the rights and customs of such society to which they belong, the clerk or keeper of the minutes, proceedings, or other book of the religious society wherein such marriage shall be had, or if there be no such clerk or keeper of the minutes, then the moderator or person presiding in such society, shall make out and transmit to the county clerk of the county, a certificate of the marriage, and the same shall be recorded in like manner as is provided in the preceding section of this title.

SEC. 16. The original certificate and record of marriage made by the minister, officer, or person as prescribed in this title, and the record thereof made as prescribed, or a copy of such record duly certified by such officer, shall be

received in all courts and places as presumptive evidence of

the fact of such marriage.

out this territory

SEC. 17. All marriage contracts without this territory, Contracts with which would be valid by the laws of the country, in which the same were contracted, shall be valid in all courts and places in this territory.

SEC. 18. All acts and parts of acts inconsistent with the provisions of this act, are hereby repealed.

SBC. 19. This act shall take effect and be in force on and after the first day of January, one thousand eight hundred and seventy.

Approved, December 10, 1869.

Acts repealed.

DEPOSITIONS.

CHAPTER 72.

AN ACT PROVIDING FOR THE APPOINTMENT OF COMMISSIONERS TO TAKN
DEPOSITIONS IN OTHER STATES AND TERRITORIES.

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

Appointed by

SEC. 1. The governor may appoint, in each of the United States and territories, and in the District of governor. Columbia, one or more commissioners, to continue in office during the pleasure of the governor for the time being, and every such commissioner shall have power to administer oaths and to take depositions and affidavits, to be used in this territory, and also to take the acknowledgments of deeds, powers of attorney, or other instruments to be recorded in this territory.

fectual in law.

SEC. 2. All oaths administered by the said commis- Oathe, &c., efsioners, all affidavits and depositions taken by them, and all acknowledgments aforesaid, certified by them, shall be as effectual in law, to all intents and purposes, as if done and certified by any authorized officer within this territory.

Oath taken and Aled.

SEC. 3. Before any commissioners appointed as aforesaid, shall proceed to perform any of the duties of their office, they shall take and subscribe an oath before any justice of the peace, or other officer authorized to administer oaths in the state or territory for which such commissioners may be appointed, that they will faithfully discharge all the duties of their office, which oath shall be filed in the office of the secretary of this territory, within six months after the taking of the same, and also his autograph and impression of his seal of office.

SEC. 4. This act shall take effect and be in force from and after its passage.

Approved, December 2, 1869.

PRESERVATION OF EVIDENCE.

Record of all official acts.

CHAPTER 13.

AN AOT TO PROVIDE FOR PRESERVING THE EVIDENCE OF THE OFFICIAN
ACTS OF OFFICERS, TAKING ACKNOWLEDGMENTS, &C.

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

SEC. 1. Each officer authorized by law to take the proof or acknowledgment of the execution of conveyances of real estate, or other instrument required by law to be proved or acknowledged, shall keep a record of all his official acts in relation thereto, in a book to be provided by him for that purpose, in which shall be entered the date of the proof or acknowledgment thereof, the date of the instrument, the name or character of the instrument proved or acknowledged, and the names of each of the parties thereto as grantor, grantee, or otherwise. Said record shall, during business hours, be open to public inspection without fee or reward.

SEC. 2. Any officer aforesaid refusing or neglecting to

comply with the requirements of this act, shall be deemed
and held guilty of a misdemeanor, and on conviction thereof, lect
fined before any court of competent jurisdiction, in any sum
not less than fifty dollars, nor more than five hundred
dollars, and shall, in addition, be liable on his official bond
in damages to any person injured by such refusal or neglect,
to the extent of the injury sustained by reason of the
refusal or neglect mentioned in this section.

SEC. 3. This act shall take effect and be in force from and after its passage.

Approved, December 2, 1869.

CODE OF CRIMINAL PROCEDURE.

CHAPTER 64.

AN ACT TO ESTABLISH A CODE OF CRIMINAL PROCEDURE FOR THE TERRITORY
OF WYOMING.

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

TITLE I.

Proceedings to Prevent the Commission of Crime.

SEC. 1. Whenever any person shall make complaint in writing upon oath before any justice of the peace or police justice, or other officer authorized by law to examine into charges in relation to the commission of crime, that he has just cause to fear, and does fear, that another will commit any offense against the person or property of himself, his ward, or child, it shall be the duty of the justice before whom such complaint is made to issue a warrant in the name of the territory to any constable of the county, commanding him forthwith to arrest the person complained of, and him to take before such justice, or any other justice named in the same county, to answer such complaint.

SEC. 2. When the party complained of shall be brought

Justice to be warrant, when.

Recognizance, when given.

Default.

Judgment against com. plainant.

Person bound to appear forthwith.

Delivered to

Clerk.

Witnesses examined on oath.

before the justice, he shall be heard in his defense, and all witnesses produced shall be examined upon oath, and if upon such examination the justice shall be of opinion there is just cause for the complaint, he shall order the person complained of to enter into recognizance, with good and sufficient surety, in any sum not less than fifty dollars, nor more than five hundred dollars, for his appearance before the district court on the first day of the next term thereof, and in the meantime that he shall keep the peace, and be of good behavior generally, and especially toward the person complaining.

SEC. 3. In default of such recognizance and surety as provided in the preceding section, the justice shall commit the person complained of to the jail of the county, there to remain until discharged by due course of law.

SEC. 4. But if the justice on the examination shall be satisfied that there is no just cause for the complaint, it shall be his duty to discharge the accused, and render judgment in the name of the territory against the party complaining, for the costs of the prosecution, and the same shall be collected by execution as in civil cases.

SEC. 5. If any recognizance be taken under the provisions of this title in term time of that court to which the same may be returnable, every such recognizance shall require the person bound thereby to appear forthwith before such court.

SEC. 6. All recognizances authorized to be taken as aforesaid, either in term time or vacation of that court to which the same may be returnable, shall be delivered or transmitted by the justice taking the same, to the clerk of such court without unnecessary delay, and before the commencement of the term of the court next thereafter to be holden, if such recognizance be taken in vacation; but if the same be taken in term time, then it shall be returned forthwith.

SEC. 7. The district court to which any recognizance to keep the peace, as aforesaid, shall be returned, shall, upon the appearance of the parties complaining and complained