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Delinquent collectors reported.

List of defaulters published.

All books fro to inspection.

Letter books.

Warrant not

report the same to the legislative assembly, with as little delay as possible.

SEC. 15. The auditor shall report to the legislative assembly, within ten days after the commencement of each regular session, a list of all collectors of the revenue and other holders of public money whose accounts have remained unsettled for the space of six months after they ought to have been settled according to law, and the reasons therefor. SEC. 16. When the collectors of the revenue or other holders of the public money, shall fail to pay the amount due by them into the treasury within the time prescribed by law, the auditor shall, within thirty days after such default, publish for one week in two newspapers printed at two of the most public places in the territory, a list of all such defaulters, with the amounts respectively due from each.

TITLE V.

Miscellaneous Provisions.

SEC. 1. The auditor and treasurer shall have free access to each other's offices for the inspection of all books, accounts and papers which they respectively contain, and free access to all the other offices of the territory, for the inspection of such books, accounts and papers as concern any of their duties.

SEC. 2. The auditor and treasurer shall each keep a letter book in which shall be recorded all official letters they may write.

SEC. 3. If the auditor shall knowingly issue any authorized. warrant upon the treasury, not authorized by law, he shall, upon conviction thereof, be fined in a sum not exceeding four-fold the amount of such warrant and imprisonment for any length of time, not exceeding one year, and shall be deemed guilty of a misdemeanor in office.

Refusal to pay lawful warrant.

SEC. 4. If the treasurer shall wilfully and unlawfully refuse to pay any warrant lawfully drawn upon the treasury, he shall forfeit and pay to the holder thereof four-fold the amount of such warrant, to be recovered by action of debt against the treasurer and his sureties on his official bond or

otherwise, according to law, and the treasurer shall be deemed guilty of a misdemeanor in office.

and unlawful

SEC. 5. If the auditor or treasurer shall wilfully Neglect of duty neglect or refuse to perform any duty enjoined by law, or acts. shall be guilty of any oppression or extortion in the performance of any legal duty, or shall receive any fee or reward for the performance of any legal duty not allowed by law, or by color of his office, shall knowingly do any act not authorized by law, or in any other manner than is required by law, he shall forfeit to the territory any sum not exceeding one thousand dollars, and shall be deemed guilty of a misdemeanor in office.

Amount due

the territory a

SEC. 6. The amount of every account audited, adjusted and found due in the territory according to this act, with lien. the penalties and interest thereon, is declared to be a lien upon the real estate of the person charged with the same from the time that suit shall be commenced for the recovery thereof.

Who to settle

treasurer.

SEC. 7. Previous to each regular session of the legis- with auditor and lative assembly, the secretary of the territory shall select and rotify by giving ten days notice, one member elected to the council and two members elected to the house of representatives, to attend at the seat of government six days before the commencement of the session, for the purpose of settling with the auditor and treasurer.

SEC. 8. The members thus elected, before entering on such duties, shall take the oath required by the constitution, of members of the legislative assembly, which shall be indorsed and certified on their certificates of election.

Oath taken and indorsed.

Report to as

SEC. 9. The members selected, or a majority of them, sembly. shall make such settlement and make to each house of the legislative assembly a report thereof, and if they approve the same, shall cause proper entries to be made in the books of the auditor's and treasurer's offices, showing the result of such settlement, and immediately thereupon, shall cause all vouchers which shall have been examined and allowed, in such settlement to be defaced, by writing in large letters on the face thereof, the word "cancelled."

Auditor or trea anrer pro tem

pore.

Fettlement with officers pro tem

pore,

Certificate.

Assembly not

in session.

Duplicate sertificates.

Settlement ap proved.

SEC. 10. In case of the death, sickness, absence from the territory, removal from office, or impeachment of any auditor or treasurer, the governor may make an appointment for the time being, of some suitable person to perform the duties of such office until a successor can be appointed according to law, or until such absence or disability shall cease, and he shall give bonds as required by this act.

SEC. 11. Immediately after the appointment and qualification of any auditor or treasurer, or the resumption of his duties by either officer, (if in the meantime an auditor or treasurer pro tempore shall have been appointed), the legislative assembly, if in sessisn, or if not, the secretary of the territory, shall cause a settlement to be made of the accounts of the former auditor or treasurer, pro tempore, remaining unsettled in the manner provided in the seventh, eighth, and ninth sections of this title.

SEC. 12. If the legislative assembly shall be in session when such settlement is made, it shall cause to be made out and delivered to the person entitled thereto, a certificate of such settlement, showing the balance of money, securities and effects for which he is accountable, and what has been delivered to his successor.

SEC. 13. If the legislative assembly shall not be in session when such settlement is made, the persons appointed by the governor to make such settlement, shall make out duplicate certificates of such settlements, showing what is required to be shown in the certificate, to be made out according to the provisions of the preceding section, one of which shall be delivered to the person entitled thereto, and the other to the governor, to be laid before the legislative assembly at its next session.

SEC. 14. When the certificate mentioned in the next preceding section shall be laid before the legislative assembly, if it approve the same, it shall cause the proper entries to be made in the books of the auditor and treasurer, and if it Disapproved. disapprove thereof, it shall cause another settlement to be made.

SEC. 15. Any person appointed by the governor of the

territory in virtue of the tenth section of this act, shall have the same compensation allowed by law to the officer whose duty he is appointed to perform, in proportion to the time he shall be engaged in such service.

Compensation of officers pro

tem.

SEC. 16. The persons appointed by the governor to Pay of persons make such settlement with the auditor and treasurer, shall appointed to setreceive the same compensation as is allowed by law to

members of the legislative assembly, during the time they may be engaged in such service.

SEC. 17. The auditor and treasurer shall each have Oathe power to administer all oaths and affirmations required by law in matters touching the duties of their respective offices.

TITLE VI.

Of Sureties.

oath.

SEC. 1. Each surety offered on the bond of the treasurer Surety to of the territory, shall make oath either before the secretary of the territory, or some justice of the peace in writing to be laid before the secretary of the territory, that he believes himself to be worth the amount set opposite his name, over and above all his debts, liabilities and exemptions.

SEC. 2. The auditor of this territory shall receive a salary of one thousand dollars per annum, which shall be paid quarterly out of the territorial treasury, and the treasurer of this territory shall receive as compensation for his services a salary of four hundred dollars and two per cent. upon all money paid into the territorial treasury, as revenue, or arising from any sources of taxation, fines or forfeitures.

SEC. 3. This act shall take effect and be in force from and after its passage.

Approved, Dec. 2nd, 1869.

Compensation.

TIMBER AND SAW-LOGS.

CHAPTER 24.

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AN ACT FOR THE PROTECTION OF THE OWNERS OF TIMBER AND SAW-LOGS
IN THIS TERRITORY.

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

SEC. 1. Any person or persons who shall wilfully and without authority, take any saw-logs that may be on any river or creck, on the land adjoining or near a river which may have floated down said river or creek, or on to said land, or shall remove or attempt to remove the said logs, or who shall cut or split said logs, or otherwise destroy or injure them, shall be held guilty of a misdemeanor, and upon conviction of any of the said offenses, shall be punished by imprisonment in the county jail of the proper county not more than one year nor less than three months, and shall pay a fine of not more than one hundred nor less than ten dollars; Provided, That any person may remove any logs which may have floated on his own land or government land occupied by himself, to prevent obstructions to the occupant of said land.

SEC. 2. Any justice of the peace shall have concurrent jurisdiction in his own county with the district court, of any offenses in the preceding section specified, when the value of the logs taken or removed, shall be alleged not to exceel the sum of one hundred dollars, and in such case, the punishment shall be by fine not less than twenty nor more than eighty dollars, and if any person on conviction for such an offense, shall refuse or neglect, for the space of ten days,

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