cases of mis SECTION 1. That in all cases of misdemeanors tried before Punishment in justices of the peace, or the district courts of this Territory, demeanor. by indictment, in which the defendant may be convicted, the punishment shall be within the discretion of the court, limited as penalties now are by law, except that payment of the costs of prosecution may be added to and made a part of the sentence, and the court may in its discretion direct the defendant to stand committed until the sentence, including the costs, shall be complied with. SEC. 2. That in the event of a defendant being sentenced to pay a fine and costs, or to imprisonment and costs, the court may direct that in case of non-payment of said fine and costs, that the defendant be put to work either within or without the prison until said fine and costs shall be paid. Defendant may be put to work. paid into the trea SEC. 3. That all moneys collected under this act, for Money must be labor of prisoners, shall be paid by the constable or sheriff county into the county treasury, for the benefit of the county funds, for ordinary county expenses. sury. SEC. 4. That all acts or parts of acts inconsistent with Repealed. this act are hereby repealed. Approved December 10, 1873. CHAPTER V. An Act declaring the Criminal Law governing this Territory. Be it Enacted by the Council and House of Representatives of the Territory of Wyoming. SECTION 1. Crimes which may be punished with death or imprisonment in the penitentiary shall be denominated fel- Felonies. onies; and all other offenses against the criminal law of this Territory shall be denominated misdemeanors. Misdemeanors. SEC. 2. This act shall take effect and be in force from In force. and after its passage. Approved December 5, 1873. CHAPTER VI. An Act Defining Certain Misdemeanors and Prescribing Be it Enacted by the Council and House of Representatives SECTION. 1. An assault is an unlawful attempt coupled with a present ability to commit a violent injury on the person of another, and every person who shall perpetrate an assault, shall, on conviction, be fined in any sum not exceeding fifty (50) dollars, to which may be added imprisonment in the county jail not exceeding thirty (30) days. SEC. 2. Every person found guilty of an assault and battery shall be punished by a fine not exceeding one hundred (100) dollars, or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprison ment. SEC. 3. Every person who shall by words, signs, or gestures, provoke or attempt to provoke another to commit an - assault, assault and battery, or other breach of the peace, shall, on conviction, be fined in any sum not exceeding twenty-five (25) dollars. SEC. 4. This act shall take effect and be in force from and after its passage. Approved December 2, 1873. CHAPTER VII to sell or give An Act making it a Misdemeanor to sell Intoxicating Liquors to Indians, and prescribing Punishment therefor. Be it Enacted by the Council and House of Representatives of the Territory of Wyoming. Misdemeanor SECTION 1. That any person or persons who shall sell, intoxicating barter or give away any spirituous or intoxicating liquors to dians. any Indian or Indians within the limits of this Territory, liquor to In WRIT OR PETITION IN ERROR. shall be deemed guilty of a misdemeanor, and, upon conviction SEC. 2. This act shall take effect and be in force from In force. and after its passage. Approved December 11, 1873. CHAPTER VIII. 169 An Act to Provide for the Privileges of the Writ of Error. and the Petition in Error in Certain cases. Be it Enacted by the Council and House of Representatives of the Territory of Wyoming: or petition in SECTION 1. That in all cases where a judgment shall be or has been rendered by any of the district courts of this Territory against any person for a contempt of court, except for cases of contempt committed in the actual presence of the May have weit court, there shall be allowed at any time within one (1) year crror in case of from the date of the rendition of such judgment, a writ of error or a petition in error to the supreme court of this Territory; and such supreme court shall have full power, authority and jurisdiction to reverse or affirm the judgment of the lower court in such cases. contempt. Writ SEC. 2. That from all decisions of the district courts of this Territory in cases of application for change of venue, continuance, new trial, to amend pleadings, and all cases in welt of error the discretion of the court, and to correct any abuse of the same, there shall be allowed at any time within one (1) year from the date of the final judgment of the court rendered in the case, a writ of error or a petition in error, to the supreme court of the Territory. SEC. 3. That the adjudications of the district courts of this Territory, mentioned in the preceding sections of this act, reversed or shall be reviewed, and reversed or affirmed by the supreme supreme court. affirmed by the court of this Territory, when brought up to said supreme court on writ of error, or presented by a petition in error, as it is now provided by law in civil and criminal cases, and it is hereby declared to be the intent and meaning of the statutes governing the practice in civil and criminal cases that the writ Writ of error of error and petition in error are two distinct methods of error, distinct presenting a case to the supreme court for review, and the and petition in methods, etc. moving party may pursue either method, at his option, and Writ of error a writ of right. In force. the writ of error is hereby declared to be a writ of right, which shall be allowed by any judge of the supreme court at the request of either party to an action in civil cases, and of the defendant, in criminal cases. SEC. 4. This act shall take effect and be in force from and after its passage. Approved December 10, 1873. CHAPTER IX. Peremptory challenge. For cause. Interest of the juror. Relation. Formed an opinion. Repealed. An Act Relating to Jury Trials. Be it enacted by the Council and House of Representatives of the Territory of Wyoming: SECTION 1. That hereafter on the trial of civil cases, parties shall be allowed but one peremptory challenge each, and all challenges for cause shall be limited to, First, Interest of the jurors in the cause of the action. Third, Having formed an unqualified opinion as to the merits of the action. SEC. 2. All acts and parts of acts inconsistent with this act, are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. Approved December 13, 1873. SEIZURE OF WOOD, ETC. 171 CHAPTER X. An Act to Amend Chapter (8) Eight, Laws first Legislative Be it Enacted by the Council and House of Representatives SECTION 1. That section one, (1) of article three, (3) of said chapter be, and the same is hereby amended, so as to give the Emmet Monument Association full power to incorporate Power to and act under its provisions the same as if said Emmet Monument Association had formerly been included in said article. SEC. 2. This act shall take effect and be in force from and In force. after its passage. Approved December 13, 1873. corporate. in CHAPTER XI. An Act Relative to the Seizure of Wood, Lumber and Timber, and for other purposes. Be it enacted by the Council and House of Representatives of the Territory of Wyoming: SECTION 1. Any person or persons who shall assess, levy or collect any tax, contribution, rate or fine, or shall attempt assess levy or collect timber authority of tax. without law, is a felony. or threaten, or offer to assess, levy or collect any tax, contri- An offer to bution, rate or fine within the limits of this Territory, on any timber, lumber, wood, or other property of whatever description, without due process of law, first had and obtained, or in violation of the laws of the United States, or of this Territory, the person or persons so offending, shall be guilty of felony, and on conviction, shall be fined three times the amount so assessed, or attempted to be assessed, and imprisoned in the penitentiary not less than one year, nor more than five years; one-half the fine so assessed shall be paid to the party complaining, the remainder to the general county fund. |