residing in each of the organized counties of said district, as a master in chancery, for said counties respectively, who shall hold his office for three years, unless sooner removed by said judge, and shall keep his office at the county seat; said judges shall only have power to remove any master in chancery within their respective districts, upon proof, in open court, of incompetency or negligence in discharging his duty; and they shall have power at any time to fill all vacancies occasioned by removal as herein provided, by death, resignation or otherwise; Provided, There may be two masters appointed in each of the counties of

SEC. 801. Said masters in chancery shall be sworn Powers. to faithfully perform the duties of their office, and they shall have power to perform the ordinary duties of master in chancery, together with the duties of a judge of the district court of chancery in vacation.

SEC. 802. Whenever the master in chancery for any county shall remove therefrom, or become otherwise incapacitated to discharge the duties of his office, the district court for such county shall declare the office vacant, ard appoint another person thereto, in the same manner as if the same had never been filled.

TITLE XXXII.

General Provisions Applicable to the Whole Code-Process.

Vacancy.

0054.

SEC. 803. The style of all process shall be "The Ter- Style of proritory of Wyoming." It shall be under the seal of the court from whence the same shall issue, shall be signed by the

clerk, and dated the day it is issued.

rected.

SEC. 804. An order for a provisional remedy or any order, how diother process, in an action wherein the sheriff is a party or is interested, shall be directed to the coroner. If both these officers are interested, the process shall be directed to, and executed by a person appointed, as provided in the next section.

SEC. 805. The court or judge, or the clerk, in the absence of the judge from the county, for good cause, may appoint a person to serve a particular process or order, who

How served.

Appearance

docket.

What to tain.

Journal.

Judgment docket.

Execution Cocket.

con

shall have the same power to execute it, which the sheriff has. The person may be appointed on the application of the party obtaining the process or order, and the return must be verified by affidavit. He shall be entitled to the same fees allowed to the sheriff for similar services.

Duties of Clerks.

SEC. 806. The clerk of the district court shall keep an appearance docket, a trial docket, journal, a judgment docket, an execution docket, and such other books as may be ordered by the court, or required by law.

SEC. 807. On the appearance docket he shall enter all actions in the order in which they are brought, the date of the summons, the time of the return thereof by the officer, and his return thereon, the time of filing the petition, and all subsequent pleadings and papers, and an abstract of all judgments and orders of the court.

SEC. 808. On the journal shall be entered the procedings of the court of each day, and all orders of the judge in vacation or at chambers, and also all judgments entered on confession or default.

SEC. 809. The judgment docket shall be kept in the form of an index, in which the name of each person against whom a judgment is rendered shall appear in alphabetical order, a statement of each judgment upon its rendition shall be entered therein, containing the names of the parties, the amount or nature of the judgment or costs, and the date of its rendition, and if the judgment be against several persons, the entry shall be repeated under the name of each person against whom the judgment is rendered, in alphabetical order.

SEC. 810. In the execution docket the clerk shall enter all executions as they are issued by him. The entry shall contain the names of the parties, the date an amount of the judgment and costs, the date of the execution, and the name of the county to which it is issued. The clerk shall also record in full the return of the sheriff to each execution; and such record shall be evidence of such return, if the original be mislaid or lost.

SEC. 811. When there is no execution out-standidg, Reipt. the clerk of the court in which the judgment was rendered, may receive the amount of the judgment and costs, and receipt therefor, with the same effect as if the same had been paid to the sheriff on an execution; and the clerk shall be liable to be amerced for refusing to pay the same to the party entitled thereto, when requested, and shall also be liable on his official bond.

SEC. 812. All writs and orders for provisional remedies, and process of every kind, shall be issued by the clerks of the several courts, upon a praecipe filed with the clerk, demanding the same.

SEC. 813. It is the duty of each clerk of the courts to file together and carefully preserve in his office, all papers delivered to him for that purpose, in every action or special proceeding.

Præcipe.

Duty of clerk.

Papers, how

SEC. 814. He shall keep the papers in each case sepa- kept. rate, carefully enveloped in a wrapper, labelled with the title of the cause.

SEC. 815. He shall indorse upon every paper filed with him, the day of filing it; and upon every undertaking given under the same, the day of its return to his office.

SEC. 816. He shall, upon the return of every summons served, enter upon the appearance docket the name of the defendant or defendants summoned, and the day of service upon each one. The entry shall be evidence of the service. of the summons, in case of the loss thereof.

How indowed.

Return of summons.

books.

SEC. 817. He shall keep the records and books and Records and papers appertaining to the court, and record its proceedings. SEC. 818. The provisions of this title shall, as far as they are applicable, apply to the clerks of all courts of record.

SEC. 819. The clerk of each of the courts shall exercise the powers and perform the duties conferred and imposed upon [him] by other provisions of this code, by statutes, and by the common law. In the performance of his duties, he shall be under the direction of his court.

Provisions.

Duties of clerk

iff.

Duties of sher

Execution of

process.

Adjournment.

Deputy.

Affirmation.

Time, how compusd.

Duties of Sheriff.

SEC. 820. The sheriff shall indorse upon every summons, order of arrest, or for the delivery of property, or of attachment or injunction, the day and hour it was received by him.

SEC. 821. He shall execute every summons, order or other process, and return the same as required by law; and if he fail to do so, unless he make it appear to the satisfaction of the court that he was prevented by inevitable accident from so doing, he shall be amerced by court in a sum not exceeding one thousand dollars, upon motion and ten days notice, and shall be liable to the action of any person aggrieved by such failure.

SEC. 822. If the judge of a court fail to attend at the time and place appointed for holding his court, the sheriff shall have power to adjourn the court, from day to day, until the judge attend, but if the judge he not present in his court within five days after the first day of the term, then the court shall stand adjourned for the term. The sheriff shall exercise the powers and duties conferred and imposed upon him by other provisions of this code, by other statutes, and by the common law.

Miscellaneous Provisions.

SEC. 823. Any duty enjoined by this code upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy.

SEC. 824. Whenever an oath is required by this code, the affirmation of a person, concientiously scrupulous of taking an oath, shall have the same effect.

SEC. 825. The time within which an act is to be done, shall be computed by excluding the first day, and including the last; if the last day be Sunday it shall be excluded, and the return day shall be the following Monday.

SEC. 826. A ministerial officer, whose duty it is to take security in any undertaking provided for by this code, or by other statutes, shall require the person offered as surety to make an affidavit of his qualifications, which affidavit may

be made before such officer, and shall be indorsed upon or attached to the undertaking. The taking of such an affidavit shall not exempt the officer from any liability to which he might otherwise be subjected for taking insufficient security.

Proviso.

SEC. 827. The surety in every undertaking provided Sureties. for by this code or other statute, must be a resident of this territory, and worth double the sum to be secured, over and above all exemptions, debts and liabilities; where there are two or more sureties in the same undertaking, they must, in the aggregate, have the qualifications prescribed in this section: Provided, That no judge, justice of the peace, or attorney at law shall be received as, or allowed to become surety on any bond or undertaking, official or otherwise, required by this act, or any other statute of this territory. SEC. 828. The judges of the supreme court shall, at their first session, and every two years thereafter, meet at rules. the capitol of the territory, and revise their general rules, and make such amendments thereto as may be required to carry into effect the provisions of this code, and shall make such further rules consistent therewith as they may deem proper. The rules so made shall apply to the supreme court, the district courts, the probate courts and all other courts of record.

SEC. 829. In all actions upon bills of exchange or promissory notes, or other written instruments, whenever any of the parties thereto are designated by the initial letter or letters, or some contraction of the christian or first name or names, it shall be sufficient to designate such person by the name, initial letter or letters, or contraction of the first name or names, instead of stating the christian or first name or names in full.

Revision of

Parties, how named.

how sued.

SEC. 830. Any company or association of persons Companies, formed for the purpose of carrying on any trade or business, or for the purpose of holding any species of property in this territory, and not incorporated, may sue and be sued by such usual name as such company, partnership or association may have assumed to itself or [be] known by, and it shall not be