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any part of his property or estate, or given a false schedule, or committed any fraud under the provisions of this act, it is hereby declared that he has forfeited all benefit and advantage which he would otherwise have had by virtue of this act; and he cannot avail himself of any of its provisions in bar to any claim that may be instituted against him.

No person can apply for or receive the benefit of this act through an agent or attorney in fact.

An insolvent debtor can only be released and discharged from such debts and liabilities as he shall have set forth and named in his schedule,

From and after the surrender of the property of the insolvent debtor, all property of such insolvent debtor shall be fully vested in his assignee or assignees for the benefit of his creditors, and shall not be liable to be seized, attached, taken or levied upon by virtue of any execution issued against the property of said insolvent, and the assignees who may be appointed shall take possession of, and be entitled to claim and recover all the said property; and to administer and sell the same as herein provided; subject, however, to the rights of mortgagees, lien-holders and prior attaching creditors, whose prior rights shall in no wise be affected by the provisions of this act.

Two or more creditors may, at any time, make a motion to know if the assignees have funds in their hands, and the said assignees shall be required to present their accounts, and if they have funds they shall distribute them without delay.

If any creditors reside without the limits of the Territory the Judge shall appoint an attorney to represent them; the fees of said attorney shall be paid from the money recovered for such non-residents at the rate of ten per cent.; provided, in no case shall the fees exceed three hundred and fifty dollars.

PART VII.

WYOMING TERRITORY.

PREPARED EXPRESSLY FOR THIS WORK BY C. N. POTTER,

CHEYENNE.

CHAPTER I.

COURTS AND THEIR JURISDICTION.

The Courts provided for this Territory, are a Supreme Court, District Courts, Probate Courts and Justices of the Peace.

The Supreme Court has no original jurisdiction, except in habeas corpus cases. It exercises an appellate jurisdiction, principally in cases coming up from the District Courts.

The District Courts have chancery and common law jurisdiction, and jurisdiction in appeals from the Justice and Probate Courts. The Probate Court has no jurisdiction except over probate busi

ness proper.

The Justices of the Peace have no jurisdiction of any matter in controversy where the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars.

CHAPTER II.

TERMS OF COURTS, WHEN AND WHERE HELD.

The Territory is divided into three Judicial Districts: Laramie County composes the first; Albany and Carbon the second; Sweetwater and Uinta the third. Terms of Court are held in each, as follows:

At Cheyenne, commencing on the fourth Monday of May and first Monday of November of each year.

At Laramie, commencing on the first Monday of February and August of each year.

At Rawlins, commencing on the first Monday of April and second Monday of September of each year.

At Areen River, on the first Monday of May and October of each year.

At Evanston, commencing on the first Monday of January and July of each year.

CHAPTER III.

COMMENCEMENT OF ACTIONS, TIME TO ANSWER, PLACE OF TRIAL.

Actions are commenced by filing in the office of the Clerk of the proper Court a petition, and causing a summons thereon to be issued. The summons is returnable on the second Monday after the day of its date, and the answer or demurrer of the defendant shall be filed on or before the third Saturday after the return day of the

summons.

Civil actions must be tried in the county in which they are commenced, unless upon application for a change of venue, based upon sufficient reasons, the Court orders the place of trial to be changed; and in such case the Court must send the cause to the most convenient county.

CHAPTER IV.

LIMITATION OF ACTIONS.

Actions for the recovery of real property can only be brought within twenty-one years after the cause of action shall have accrued, except actions of forcible entry and detainer, or forcible and unlawful detention, only of real property, which must be commenced within two years after the cause of action shall have accrued.

An action upon a specialty, or any agreement, contract or promise in writing, or on a foreign judgment, must be brought within fifteen years. And actions upon contract not in writing, express or implied, or upon a liability created by statute, must be brought within six years after the cause of action shall have accrued.

Causes of action arising out of the Territory against a non-resident are barred one year after the debtor becomes a resident.

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