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traders shall bay license.

SECTION 1. That from and after the passage of this act no person or persons, company or corporation, being non-resi Non-rest dent dent, shall in person or by employe, traveling or local agent, drummer or salesman, sell by sample or otherwise, in any county of this Territory, any goods, wares or merchandise, either foreign or domestic, without first having obtained a license therefor in the same manner provided for regular wholesale and retail traders, by the eighteenth chapter of the laws of Wyoming, passed at the session of 1869; Provided This shall not apply to traveling agents, who sell exclusively by sample or otherwise, to regular merchants doing business in this Territory.

Proviso.

Penalty.

Repealed

SEC. 2. That any person or persons, company or corporation who shall violate any of the provisions of the foregoing section shall be punished in the manner provided in the second section of an act entitled "an act to regulate the sale of goods, wares and merchandise, by sample, in Wyoming Ter ritory," approved 16th December 1871; Provided, That no license shall be granted to any non-resident trader for a less period than six (6) months.

SEC. 3. That all acts or parts of acts inconsistent with the foregoing be, and the same are hereby repealed. Approved December 13, 1873.

CHAPTER XLII.

Trustees shall

levy and col

off the loan

An Act to authorize the Board of Trustees, of the City of
Cheyenne, to levy and collect a Special Tax to pay off a
Loan, contracted for the purpose of repairing the Steam
Fire Engine Durant, and for adding to the efficiency of
the Cheyenne Fire Department:

Be it Enacted by the Council and House of Representatives
of the Territory of Wyoming.

SECTION 1. It shall be the duty of the board of trustees, lect tax to pay of the city of Cheyenne, to levy and collect a special tax upon known as the all taxable property in said city, for the purpose of raising a sum of money sufficient to pay off the indebtedness of said

fire loan."

city, on account of money advanced to said city in 1873, for repairing the steam fire engine Durant, and generally for adding to the efficiency of the fire department of the city of Cheyenne, known as the "fire loan," provided that the amount so raised shall not exceed the sum of sixteen hundred dollars, ($1,600).

make a levy.

SEC. 2. For the purpose of carrying into effect the provis- Board shall ions of this act, said board of trustees shall, at the time of making their annual erder for the assessment of taxes for the year 1874, order an assessment of all the taxable property of said city, to be made in the manner provided by chapter eightytwo, of the session laws of 1869, entitled "an act to incorporate the city of Cheyenne, and in pursuance thereof, shall, at the time of making their annual levy of taxes for said year, levy a special tax for the purpose contemplated by the first section of this act.

collect.

SEC. 3. After such levy is made it shall be the duty of collector shall the collector of said city to proceed.and collect said special tax in the manner provided for the collection of other taxes of said city by chapter eighty-two, of the laws of Wyoming.

and

pay over to the he shall pay

SEC. 4. After the tax is collected, the same shall be paid collector shall over to the treasurer of said city, who shall pay to the col-treasurer lector one per cent. of the amount so collected, for his com- off, etc. pensation for collecting the same, and the balance shall be His fees. applied to the payment of the warrants issued upon account of the fire loan, (so called), for the payment of cash advanced by individuals for repairing the aforesaid engine, and for adding to the efficiency of the aforesaid fire department.

lawful money.

SEC. 5. This special tax shall be payable only in lawful Payable only in money of the United States, or in warrants issued upon what is known as the fire loan, and which are especially designated as such upon their face, upon the books of the city clerk of said city, and upon the journal of the said board of trustees.

person failing shall be

SEC. 6. If any person or persons entrusted with the per- Any formance of any of the duties enjoined by this act, shall guilty of felony neglect or refuse to perform the same, or shall divert the funds raised by virtue of this act from the purpose contemplated herein, or in any way misapply the same, such person or persons so offending shall be guilty of felony, and upon

En force.

conviction thereof shall be imprisoned in the penitentiary for a term not exceeding three years.

SEC. 7. This act shall take effect and be in force on and after the 1st day of January, A. D. 1874. Approved December 13, 1873.

CHAPTER XLIII.

hall have lien on stock,

etc.

Common carrier shall have lien upon proprty.

Mechanic shall have lien, etc.

An Act to Create Liens upon Personal Property. Be it Enacted by the Council and House of Representatives of the Territory of Wyoming:

SECTION 1. Any ranchinan, farmer, agistor or herder of cattle, tavern keeper, or livery stable keeper, to whom any horses, mules, asses, cattle, or sheep, shall be entrusted, for the purpose of feeding, herding, pasturing, or ranching, shall have a lien upon said horses, mules, asses, cattle or sheep, for the amount that may be due for such feeding, herding, pasturing, or ranching, and shall be authorized to retain possession of such horses, mules, asses, cattle, or sheep, until the said amount is paid; Provided, That the provisions of this section shall not be construed to apply to stolen stock.

SEC. 2. Every common carrier of goods or passengers who shall, at the request of the owner of any personal goods, carry, convey, or transport the same from one place to another, and any warehouseman or other person who shall safely keep or store any personal property at the request of the owner or person lawfully in possession thereof, shall, in like manner, have a lien upon all such personal property, for his reasonable charges for the transportation, storage, or keeping thereof, and for all reasonable and proper advances made thereon by him in accordance with the usage and custom of common carriers and warehousemen.

SEC. 3. Any mechanic or other person who shall make, alter, repair, or bestow labor upon any article of personal property, for the improvement thereof, at the request of the owner of such personal property, or of the materials from which the same is made, shall, in like manner, have a lien

upon all such articles of personal property, for his reasonable charges for the labor performed and materials furnished and used in such making, alteration, repair or improvement.

paid. property be

praised.

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SEC. 4. If any such charges for which a lien is given by r en is not the three preceding sections, be not paid after the same become shall due and payable, the mechanic, innkeeper, agistor, or other person to whom such lien is given, as aforesaid, may apply to any justice of the peace of the county wherein he resides, to appoint appraisers to appraise the several articles of personal property whereon such lien is claimed. Such justice shall thereupon appoint by warrant under his hand and seal, three reputable householders of the county, not interested in the matter, to appraise such personal property.

shall retur

to justice of the

SEC. 5. The appraisers so appointed shall be sworn by the Appraisers justice, to well and faithfully appraise and value all such appraisement personal property, and shall thereupon proceed to view and peace. appraise the same, and shall return their appraisement, wherein, shall be set down each article separately, to the justice by whom they were appointed, within ten days after their appoint

anent.

SEC. 6. After such appraisement is male, the person to whom such lien is given by the foregoing sections, may, after giving ten days' prior notice of the time, place, and terms of such safe, with a description of the property to be sold. by the publication in some newspaper published in the county wherein he resides, (or if there be no such newspaper, then by posting in three public places within such county) and delivering to the owner of such personal property, or if he de not reside in the county, transmitting by mail to him at his usual place of abode, if known, a copy of such notice, proceed to sell all such personal property, or so much thereof as my Property shall be necessary, at public auction, for cash in hand, at any public place within such county, between the hours of ten m. and four p. m. of the day appointed, and from the proceeds thereof, may pay the reasonable costs of such appraisement, notice and sale, and his reasonable charges for which he hath his lien. The residue of the proceeds of such property unsold, he shall render unto the owner.

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be sold.

Not less than

SEC. 7. No such sale shall be made for less than two-wo-thirds.cie.

Person holding lien may par chase.

thirds of the appraised value of the article sold, nor except upon due notice, as required by the preceding section; every such sale made in violation of the provisions of this section. shall be absolutely void.

SEC. 8. At any such sale, the person to whom such lien is given, may become the purchaser.

SEC. 9. In any case where the property to be sold cannot conveniently be sold in one day, the sale may be continued from day to day, by public outery at the place of sale. Upon the completion of such sale the person to whom the lien is Sale bill shall given hereby, shall cause a sale bill thereof to be filed with

be filed and re

justice.

corded with the the justice of the peace before whom the appaisement was had in which shall be set down the sum for each separate article of property sold, and the name of the purchaser. The justice shall record such sale bill in his docket, and preserve the original thereof, together with the appaisement.

Shall not fake

away right of action.

Compensation of appraisers.

not

Mortgage
valid against a
lien.

Liens shall be

SEC. 10. Nothing herein contained shall be so construed as to take away the right of action of the party to whom such lien is given, for his charges, or for any resi ue thereof, after sale of such property.

SEC. 11. At any such sale, the person to whom such lien is given, as herein provided, may appoint a clerk and crier.

SEC. 12. Appraisers appointed under the provisions of this chapter shall receive three dollars per day; justices of the peace shall receive for each warrant of appraisement, one dollar; for receiving and recording each appraisement, twenty cents per one hundred words, and the like fees for recording each Sale bill; clerks and criers at sales made under the provisions hereof, shall receive each three dollars per day.

SEC. 13. No mortgage on personal property shall be valid as against the rights and interest of any person entitled to a lien under the provisions of this law.

SEC. 14. All lien claims for labor performed in cutting or paid pro rata. manufacturing railroad cross ties, wood, poles, lumber, &c., or for doing any labor in reference thereto shall be concurrent liens upon the same and shall be paid, pro rata, out of the proceeds arising from the sale thereof, if the same shall be sold.

Lien upon railroad cross ties.

SEC. 15. Persons entitled to a lien for labor performed in

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