shall prove the same, and the clerk shall thereupon record the warrant of reprieve, together with the acceptance and proof thereof, in the journals of the court, a transcript of which record shell, at all times thereafter, be evidence for or against the person accepting such conditional reprieve.

Confinement

person in peni

tentiary.

SEC. 203. If in case of any reprieve, the governor of reprieved shall deem it expedient and proper to confine the person so reprieved in the penitentiary, it being so specified in the warrant, the sheriff or other officer having the person so reprieved in his custody, shall convey him to the penitentiary in the same manner as other convicts are directed by law to be conveyed, and the warden of the penitentiary shall receive such person, together with the warrant of reprieve, and shall proceed with such convict as such warrant may direct; and the expenses of transporting such person to the penitentiary shall be allowed and paid as in other cases.

violated.

Suc. 204. If any person reprieved shail violate the Conditions conditions upon which such reprieve is granted, such person shall be proceeded against as in other cases of persons escaping from prison convicted of offenses.

Application

SEC. 205. Application for the pardon of any person for pardon. convicted of an offense, and sentenced to punishment, shall

be made in the manner and under the restrictions hereinafter

prescribed.

SEC. 206. Notice for the application for such pardon Restrictions. shall be given to the prosecuting attorney of the county in which the indictment was found against such person or persons so convicted and sentenced, at least three weeks before such application shall be considered by the governor of the territory, a copy of which notice, acknowledged by such prosecuting attorney, or certified under oath of a credible witness, to be a true copy thereof, shall accompany overy such application to the governor, and a notice of such application, setting forth the names of the person or persons on whose behalf it is made, the crime of which he, she or they shall have been convicted, the time of such conviction and the term of sentence, shall also be published in some newspaper printed in such county and of general circulation

Duty of prosecating attorney.

Danger of death.

Rewards.

therein, or if there be no newspaper published therein, then such notice shall be posted on the door of the court house of such county, at least three weeks before the governor of the territory shall consider any such application, a copy of which notice duly authenticated by some credible witness under oath, shall also accompany such application, and in no case where capital punishment is to be inflicted shall the sentence be executed within less than thirty days from the date of the sentence; such notice shall only be required to be so served and published for ten days before the consideration of such application.

SEC. 207. It is hereby made the duty of the prosecuting attorney of the county in which the indictment was found against such person or persons, on whose behalf such application for pardon is made, to make out and forward to the governor within ten days after the service of the notice upon him as heretofore provided, a statement setting forth the time of such trial and conviction, and the date and term of such sentence, and also the crime of which such person or persons were convicted, and he shall also briefly state any circumstances in aggravation or extenuation. if any such appear in the testimony upon the trial of the person or persons in whose behalf the application is made. SEC. 208. In every case in which there is imminent danger of death of any person imprisoned in the penitentiary, which fact shall appear by the certificate of the physician thereof, addressed to the governor, which certificate may be accompanied by the recommendation of the warden of the penitentiary for the pardon of such convict or convicts; and in every case in which the warden of the penitentiary and the directors thereof shall unite in a rocommendation to the governor for the pardon of any such convict or convicts, stating specifically the considerations and reasons why such application is made, the provisions in the foregoing sections shall not be considered applicable.

SEC. 209. The county commissioners of the several counties in this territory are herby authorized, when they deem the same expedient, to offer such reward as in their

judgment the nature of the case may require, for the detection or apprehension of any person charged with or convicted of felony, and pay the same on conviction of such person, together with all the necessary expenses not otherwise provided by law, [to any person who shall] succeed in making such detection or apprehension, out of the county treasury.

Escape of mur

SEC. 210. If any person who has been convicted of murder in the first degree, and sentenced to be hung, shall derer. escape, and shall not be retaken before the time fixed for his execution, it shall be lawful for the sheriff to re-arrest such person, and commit him to the jail of the proper county, and make return thereto to the court in which the sentence was passed, and thereupon the court shall proceed to fix the time of execution, which shall be carried into effect by the proper officer, as may be provided by law for the execution of persons convicted of murder in the first degree.

Indicted while

SEC. 211. Whenever any convict in the penitentiary shall be indicted for any offense committed while confined in penitentiary therein, said convict shall remain in the custody of the warden of said penitentiary, subject to the order of the court in which the indictment may be found.

Src. 212. This act shall take effect from and after its passage.

Approved December 10th, 1869.

CODE OF CIVIL PROCEDURE.

Civil proosdure.

To be liberally construed.

One form of action.

Remedies.

An action.

Special proreeding.

Actions, two

k.nda.

CHAPTER 75.

AN ACT TO ESTABLISH A CODE OF CIVIL 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.

Forms of Civil Actions.

SEC. 1. This act shall be known as the code of civil procedure of the territory of Wyoming.

SEC. 2. The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. Its provisions and all proceedings under it, shall be liberally construed, with a view to promote its object, and assist the parties in obtaining justice.

SEC. 3. The distinction between actions at law, and the forms of all such actions and suits, heretofore existing is abolishe; and there shall be hereafter but one form of action, which shall be called the civil action.

SEC. 4. Remedies, in courts of justice, are divided into, First, Actions; Second, Special proceedings.

SEC. 5. An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party, for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. SEC. 6. Every other remedy is a special proceeding. SEC. 7. Actions are of two kinds: First, Civil; Second,

Criminal.

SEC. 8. A criminal action is one prosecuted by the territory as a party against a person charged with a public offense, for the punishment thereof.

SEC. 9. Every other is a civil action.

SEC. 10.

Criminal action.

Civil.

Where the violation of a right admits of both Not mergod. a civil and criminal remedy, the right to prosecute the one is not merged in the other.

SEC. 11. In all actions, the party complaining shall be known as the plaintiff, and the adverse party as the defendant.

8

SEC. 12. There can be no feigned issues; but question of fact, not put in issue by the pleadings, may be tried by a jury upon an order for the trial, stating distinctly and plainly, the question of fact to be tried, and such order is the only authority necessary for a trial.

TITLE II.

Time of Commencing Civil Actions.

Plaintiff, dofendunt.

No feigned issues.

SEC. 13. This title shall not apply to actions already Not apply. commenced, but the statutes now in force shall be applicable to such cases, according to the subject of the action, and without regard to form.

SEC. 14. Civil actions can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued; but where, in special cases, a different limitation is prescribed by statute, the action may be commenced accordingly..

Actions for the Recovery of Real Property.

SEC. 15 An action for the recovery of the title or possession of lands, tenements, or hereditaments, can only be brought within twenty-one years after the cause of action shall have arisen or accrued.

SEC. 16. If a person entitled to commence any action for the recovery of the title or possession of any lands, tenements or hereditaments, be at the time his or her right or title shall first descend or accrue, within the age of twenty

Civil action

only commenced

Only brought,

time.

In ten years.