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CHAPTER 80.

AN ACT Authorizing the Secretary of Wyoming Territory to Purchase Maps, and for
Other Purposes.

Be it enacted by the Council and House of Representatives of the Ter-
ritory of Wyoming :

SECTION 1. That the secretary of Wyoming Territory, be, and Maps,pr'chase is hereby authorized and instructed to purchase of S. H. Winsor, of Esq., civil engineer, two thousand copies of said Winsor's map of Wyoming, and the Western States and Territories; Provided, Said maps can be purchased at, and for the sum of money hereinafter appropriated for that purpose.

of maps.

SEC. 2. It shall be the duty of the secretary of the Territory to Distribution distribute said maps when so purchased, as follows, viz: First, To the clerks of the several boards of county commissioners of each county in this Territory for the use of said boards of commissioners, two hundred copies each; Second, To each member of this legislative assembly for gratuitous distribution, twenty copies; Third, To the president or secretary of each stock growers' association in this Territory, for the use of said association, fifty copies; Fourth, To the stock growers and stock growers' associations throughout the Western States and Territories, in the discretion of the secretary, two hundred copies.

SEC. 3. It shall be the duty of the secretary, as soon as he shall Payment. have received said maps, to receipt therefor, and to certify the same to the auditor of the Territory, who shall thereupon draw his warrant upon the Territorial treasurer, in favor of S. H. Winsor, Esq., for his compensation therefor, as authorized by this act.

SEC. 4. The sum of five hundred dollars is hereby appropriated Appropriať'n. out of any money in the Territorial treasury, not otherwise appropriated, to pay for the first one thousand copies of said map, and the further sum of one hundred dollars is hereby appropriated as aforesaid, to pay for the second thousand copies of said map, so authorized to be purchased by this act.

SEC. 5. This act to take effect and be in force from and after its passage.

Approved, 16th December, 1871.

CHAPTER 81.

Civil contract.

Age,

When void.

License.

rent.

MARRIAGES.

AN ACT to Regulate Marriages.

Be it enacted by the Council and House of Representatives of the Ter ritory of Wyoming:

SECTION 1. In law, marriage is considered a civil contract, to which the consent of parties capable of contracting is essential.

SEC. 2. At the time of marriage the male must be of the age of eighteen years or upwards, and the female of the age of sixteen or upwards.

SEC. 3.

Marriages that are declared void by the divorce law of this Territory, shall, in no case be solemnized."

SEC. 4. Previous to the solemnization of any marriage in this Territory, a license for that purpose must be obtained from the county clerk of the county wherein the marriage is to take place. Consent of pa- SEC. 5. When either party is a minor, no license shall be granted without the verbal consent, if present, and written consent, if absent, of the father, if living, if not, then of the mother of such minor, or of the guardian or person under whose care and government such minor may be, which written consent shall be proved by the testimony of at least one competent witness.

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SEC. 6. When application shall be made for a license, the county clerk shall, by the testimony of some competent witness, or of the applicant, ascertain the christain and surname of the parties, their respective places of residence, that they are of sufficient age to be capable in law of contracting marriage, and whether there be any legal impediment to the parties entering into the marriage contract, and he shall enter the facts so ascertained, and date the license, in a book to be kept by him for that purpose.

SEC. 7. If, on such testimony being given, it shall appear that either of the parties is legally incompetent to enter into such contract, or that there is any impediment in the way; or if either party is a minor, and the consent mentioned in section five shall not be given, the said clerk shall refuse to grant a license.

SEC. 8. Every judge and justice of the peace, and every licensed or ordained preacher of the gospel, may perform the ceremony of marriage in this Territory.

SEC. 9. In the solemnization of marriage, no particular form No particular shall be required, except that the parties shall solemnly declare in form. the presence of the magistrate or minister, and the attending witnesses, that they take each other as husband and wife, and in any case there shall be at least two witnesses beside the minister or magistrate, present at the ceremony.

SEC. 10. When a marriage shall have been solemnized, pursu- Certificates. ant to the provisions of this act, the minister or magistrate who solemnized the same, shall give each of the parties, on request, a certificate under his hand, specifying the names, ages and place of residence of the parties married, the names and residence of at least two witnesses who were present at such marriage, and the time and place thereof.

livered to co.

SEC. 11. Every person having authority to join others in mar- Certificate deriage, shall, within three months after the solemnization of any elek such marriage, make and deliver to the county clerk of the county in which the marriage took place, a certificate containing the particulars mentioned in the preceding section.

SEC. 12. The county clerk of each county in the Territory, To be recorded shall record all such returns of such marriages in a book to be kept for that purpose, within one month after receiving the same.

make and re

meanor.

SEC. 13. If any justice, minister, or other person, whose duty Failure to it is to make and transmit to the county clerk such certificate, cord certifishall neglect to make and deliver the same, or if the county clerk cate, a misdeshall neglect to record such certificate, or if any person shall undertake to join others in marriage, knowing that he is not legally authorized so to do, or knowing of any legal impediment to the proposed marriage, or if any person authorized to solemnize any marriage shall wilfully and knowingly make a false certiticate of any marriage to the county clerk, or if the said county clerk shall wilfully and knowingly make a false record of any certificate of marriage to him made, he shall be deemed guilty of misdemeanor, and shall be punished by a fine not exceeding five Penalty. hundred dollars, or imprisonment for a period not exceeding one year, at the discretion of the court.

emnizing, no

validating

SEC. 14. No marriage solemnized before any person professing Incompetence to be a justice of the peace or a minister of the gospel, shall be of person soldeemed or adjudged to be void, nor shall the validity thereof be ground for inin any way affected, on account of any want of jurisdiction or marriage. authority in such supposed justice or minister; Provided, The Proviso. marriage be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.

persons

SEC. 15. It shall be lawful for any religious society to join Any religious together in marriage, such persons as are of the said society, society may according to the rites and customs of such society to which they in marriage. belong, the clerk or keeper of the minutes, proceedings, or other book of the religious society wherein such marriage shall be had, or if there be no such clerk or keeper of the minutes, then the

moderator or person presiding in such society, shall make out and Duty of cierk. transmit to the county clerk of the county, a certificate of the inarriage, and the same shall be recorded in like manner as is provided in the preceding section of this title.

Original tificate.

cer

Contracts outside this Ter

SEC. 16. The original certificate and record of marriage made by the minister, officer, or person, as prescribed in this title, and the record thereof made as prescribed, or a copy of such record duly certified by such officer, shall be received in all courts and places as presumptive evidence of the fact of such marriage.

SEC. 17. All marriage contracts without this Territory, which ritory valid, would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this Territory.

when.

Acts repealed.

SEC. 18. All acts and parts of acts inconsistent with the provisions of this act, are hereby repealed.

SEC. 19. This act shall take effect and be in force on and after the first day of January, one thousand eight hundred and seventy. Approved, December 10, 1869.

CHAPTER 82.

PROTECTION TO MARRIED WOMEN.

AN ACT to Protect Married Women in their Separate Property and the Enjoyment of the
Fruits of Their Labor.

Be it enacted by the Council and House of Representatives of the Ter-
ritory of Wyoming :

men may hold property.

SECTION 1. That all the property, both real and personal, Married wo belonging to any married woman, as her sole and separate property, or which any woman hereafter married owns at the time of her marriage, or which any married woman during coverture, acquires in good faith, from any person other than her husband, by descent or otherwise, together with all the rents, issues, increase and profits thereof shall, notwithstanding her marriage, be and remain, during coverture, her sole and separate property, under her sole control, and be held, owned, possessed and enjoyed by her the same as though she were sole and unmarried, and shall not be subject to the disposal, control or interference of her husband, and shall be exempt from execution or attachment for the debts of her husband.

SEC. 2. Any married woman may bargain, sell and convey her married personal property, and enter into any contract in reference to the women same, as if she were sole.

may

bargain, etc.

SEC. 3. Any woman may, while married, sue and be sued in May sue. all matters having relation to her property, person or reputation, in the same manner as if she were sole.

SEC. 4. Any woman may, while married, make a will the same May make a as though she were sole.

will.

business.

SEC. 5. Any married woman may carry on any trade or busi- May carry on ness, and perform any labor or services on her sole and separate account, and the earnings of any married woman from her trade, business, labor or services, shall be her whole and separate property, and may be used and intrusted by her in her own name; and she may sue and be sued, as if sole in regard to her trade, business, labor, services and earnings, and her property acquired by trade, business and services, and the proceeds thereof, may be taken on any execution against her, except where the same shall be exempt under the exemption laws of the Territory.

SEC. 6. Under no marriage hereafter contracted, shall the husband be liable for the debts and the liabilities of the wife contracted before marriage, without an assumption, in writing of such debts and liabilities.

Debts of wife

contracted be fore marriage.

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