CHAPTER 16. Code of Civil Procedure-Amendments to. AN ACT to Amend an Act Entitled "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: to section 491. SECTION 1. That section four hundred and ninety-one Amendments (491), title fourteen (14), of the code of civil procedure, approved December 11, 1873, Compiled Laws of Wyoming, be and the same is hereby amended as follows: Strike out the word "execution," in the sixth line of said section four hundred and ninety-one, and insert in lieu thereof the word "judgment." SEC. 2. Strike out the word "execution," in the Amendment to fourth line of section four hundred and ninety-four of section 494. said act, and insert in lieu thereof the word "judgment." SEC. 3. This act shall take effect and be in force from and after its passage and approval. Approved December 13, 1879. CHAPTER 17. Code of Civil Procedure-Amendments to. AN ACT to Amend Section Sixty-eight of Chapter Thirteen, Compiled Laws, and Be it enacted by the Council and House of Representatives SECTION 1. That section 68 of the civil code of Wyoming Territory, being chapter 13 of the Compiled Laws of 1875, be and the same hereby is amended by striking an section 68, Amendments out the word "printed," wherever it occurs in said civil code. section, and inserting in lieu thereof the word "published." Provided, This act shall not be construed to affect any publication heretofore made. Approved December 6, 1879. Manner of selling property. CHAPTER 18. Code of Civil Procedure-Amendments to. AN ACT to Amend an Act Entitled an "Act to Establish a Code of Civil Procedure for the Territory of Wyoming," Approved December 11, 1873. Be it enacted by the Council and House of Representatives of the Territory of Wyoming : SECTION 1. That section two hundred and nine of and perishable said act be amended by striking out the clause, "the sale shall be public, after such advertisement as is prescribed for the sale of like property on execution, and shall be made in such manner and upon such terms of credit with security, as the court or judge, having regard to the probable duration of the action, may direct," and inserting in lieu thereof the following: "And said sale shall be made in the manner and with such advertisement, and upon such terms of credit, with security, as the court or judge, having regard to the nature of the property, and the probable duration of the action, may direct." In fores. SEC. 2. This act shall take effect and be in force from and after its passage. Approved December 6, 1879. CHAPTER 19. Code of Civil Procedure-Amendments to. AN ACT Amendatory of the Code of Civil Procedure of Wyoming Territory. Be it enacted by the Council and House of Representatives of the Territory of Wyoming: SECTION 1. In all cases where a demurrer to a petition or bill of complaint shall be sustained, and leave shall be given to file an amended petition, or bill of complaint, certain cases. it shall be the duty of the plaintiff, or complainant, to Pleadings in file the amended petition, or bill of complaint, within ten days from the time of the entry of the order sustaining the demurrer, and upon his failure to do so, he shall be deemed to have abandoned the case. answer amen SEC. 2. In all cases where the amended pleading shall Defendant to be filed, as provided for in section one of this act it shall ded pleading, be the duty of the defendant to answer or plead to such when. amended pleading within thirty days from the time of the entry of the order sustaining the demurrer, to the pleading sought to be amended and upon his failure to do so he shall be deemed in default. may extend SEC. 3. The time for filing the pleadings provided for Court or judge in this act may be extended by the court or judge thereof time of pleadin vacation upon good cause shown and upon motion and ing. notice to the adverse party. SEC. 4. This act shall take effect and be in force from and after its passage. Approved December 12, 1879. CHAPTER 20. Code of Criminal Procedure-Amendment to. AN ACT to Amend Section one hundred and twenty-one of the Code of Criminal Be it enacted by the Council and House of Representatives Amendments to section 121 of code of crimi SECTION 1. Section one hundred and twenty-one of nal procedure. the code of criminal procedure, being chapter fourteen of the Compiled Laws of Wyoming, is hereby amended by striking out the word "juries" where it occurs in the seventh line of said section, and inserting in lieu thereof the word "jurors.' SEC. 2. This act shall take effect and be in force from and after its passage. Approved December 13, 1879. County clerks authorized to edgments. CHAPTER 21. Conveyances. AN ACT to Amend an Act Entitled "An Act Concerning Alienation by Deed, of the Proof and Recording of Conveyances and the Cancelling of Mortgages," Approved December 10, 1869, Being Chapter 3, Compiled Laws of Wyoming. Be it enacted by the Council and House of Representatives of the Territory of Wyoming: SECTION 1. That the act concerning alienation by take acknowl- deed, of the proof and recording of conveyances and the cancelling of mortgages, approved December 10, 1869, being chapter three (3) of the compiled laws of Wyoming be, and the same is hereby amended as follows: after the word "record," in the sixth line of section eight (8) of said act insert the following words: "or before any county clerk," also strike from said section 8 of the act to which this is amendatory, the word "commissioner" in the fifth and sixth lines of said section and insert in lieu thereof the word "clerk." Clerks of SEC. 2. This act shall take effect and be in force from and after its passage. Approved December 9, 1879. CHAPTER 22. AN ACT Relating to Acknowledgments of Deeds and other Instruments. Be it enacted by the Council and House of Representatives of the Territory of Wyoming: courts of rec- SECTION 1. That all conveyances of real estate and ord authorized other instruments required by the laws of this Territory knowledg-to be acknowledged, may be acknowledged before the clerk to take ac ments. of any court of record within the Territory or without the Territory. SEC. 2. That the acts of clerks of courts of record in All former acknowledgme❜ts taking acknowledgments to conveyances of real estate in made by clerks this Territory and of other instruments recorded in this legalized. Territory, are hereby legalized and made binding upon the parties in interest, the same as if clerks of courts of record had authority to take acknowledgments. Provided, That the provisions of this act shall in no manner affect any suit or suits now pending in any of the courts in this Territory, or that may be instituted on or before the first day of January, 1881. SEC. 3. This act shall take effect and be in force from and after the first day of January, 1880. Approved December 10, 1879. CHAPTER 23. Conveyances. AN ACT to Amend an Act Concerning Alienation by Deed, of the Proof and Be it enacted by the Council and House of Representatives unless properly SECTION 1. That section eight of said act be and the No conveyance same is hereby amended by adding to said section as fol- to be recorded lows: "And no such deed or mortgage shall be executed. recorded unless in compliance with the provisions of this section. And any register of deeds who shall record any such instrument unless witnessed and acknowledged as herein provided, shall be liable to a penalty of ten dollars, Register liable. payable to the party aggrieved in an action of damages for the same. SEC. 2. That section fifteen of the above entitled act, May be read in be and the same is hereby repealed, and that the follow- evidence. ing shall be in lieu thereof: "All deeds, bonds, agreements and powers of attorney acknowledged or proved in accordance with this chapter, or acknowledged, attested or proved in accordance with the laws of this Territory, or the local laws of the mining districts wherein |