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SEC. 3. A mortgage to be of any force or effect as To be filed with against any third party with or without notice, must be filed recorder. with the county recorder in the county where the property is, or the mortgagor resides, the recorder shall keep a book to be called chattel mortgage book, in which he shall enter the names of the parties, the date of the mortgage, and the time of filing, and when the mortgage will be due, and a brief description of the property, for which he shall receive a fee of one dollar.

Good for one

year.

SEC. 4. Any mortgage of personal property acknowledged as provided in the second section of this act, when filed in the office of the county recorder as provided in the next preceding section, shall, if bona fide, be good and valid from the date of its filing for a space of time, not exceeding one year, notwithstanding the property mortgaged or conveyed, may be left in the possession of the mortgagor; Provided, That such mortgage or conveyance shall provide proviso. for the property so to remain with the mortgagor.

SEC. 5. Any person having conveyed any article of Sale. personal property to another by mortgage, who shall, during the existance of the lien or title created by such mortgage, sell the said personal property to a third party for a valuable consideration, without informing him of the existance and effect of such mortgage, shall forfeit and pay to such purchaser twice the value of such property so sold, which forfeiture may be recovered in an action of debt in any Forfeiture. court having jurisdiction thereof, or if the amount claimed does not exceed one hundred dollars, before any justice of the peace, such party shall also be liable criminally for fraudulent practices.

SEC. 6. The provisions of this act shall be deemed to Bills of sale &c. extend to all such bills of sale, deeds of trust and other

conveyances of personal property, as shall have the effect of

a mortgage or lien upon such property.

SEC. 7. This act shall take effect and be in force from

and after its passage.

Approved, November 24, 1869.

CONTAGIOUS DISEASES.

CHAPTER 67.

AN ACT TO PREVENT THE SPREAD OF CONTAGIOUS DISEASES.

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

SEC. 1. Any person who shall knowingly have or use about his premises, or, who shall convey or cause to be conveyed into any neighborhood, any clothing, bedding or other substance, used by, or in taking care of any person afflicted with the small pox or other infections or contagious disease, or infected thereby, or shall do any other act with intent to or necessarily tending to the spread of such disease into any neighborhood or locality, every person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof before any court of competent jurisdiction, shall Punishment. be fined in any sum not more than five hundred dollars or imprisoned in the county jail not exceeding six months, or by both fine and imprisonment; and the court trying any such offender, may also include in any judgment rendered, an order to the effect that the clothing or other property infected be burned or otherwise destroyed, and shall have power to carry such order into effect.

Liable in civil action.

SEC. 2. Any person guilty of violating the provisions of section one of this act, in addition to the penalties herein prescribed, shall be liable in a civil action in damages to any and all persons, who may, from that cause, become infected with such contagious disease, said damages shall be so assessed as to include in addition to other damages, all expenses incurred by reason of such sickness, loss of time and burial expenses, and such action may also be maintained by the representative of any deceased person.

Approved, November 26, 1869.

ELECTIONS.

CHAPTER 68.

AN ACT TO PROVIDE FOR ELECTIONS-THE MANNER OF CONDUCTING THE
SAME AND FOR OTHE PURPOSES.

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

TITLE I.

Elections, when and where heid.

SEC. 1. There shall be held in the several precincts or wards in this territory, a general election on the first Tuesday in September in each year hereafter, at which time there shall be chosen so many of the following officers, as are by law, to be elected in such year, that is to say: delegate to congress. (who shall be elected at the first general election.) Members of the council and house of representatives, who shall not be elected until the general election in the year onethousand eight hundred and seventy-one, (except to fill a vacancy.) Sheriff, probate judge, county superintendent of schools, county clerk, prosecuting attorney, three county elected. commissioners, assessor, county surveyor, and coroner, justices of the peace and constables, as shall be provided by law, including all other county officers or territorial, as shall be provided by law.

What officers

when held.

SEC. 2. Special elections may be held in the following Special election. cases, and for the election of the following officers:

First, When there has been no choice at the general election, of a delegate to congress, members of the council or house of representatives, or any county officers who should properly have been chosen at such general election.

Second, When the rights of a person elected to the office

Vacancier.

Special elections, how conducted.

Klections, where held.

Proviso.

Adjournment.

Proclamation.

of members of the council, members of the house of representatives, or either of the said county offices, shall cease, by death or otherwise, before the commencement of the term of service for which he shall have been elected.

Third, When a vacancy shall occur in either of said county offices, after the commencement of the term of service and more than three months before the next general election. Fourth, When a vacancy occurs in the office of members of the council, or members of the house of representatives, after the general election, and before the meeting of the legislative assembly.

SEC. 3. A vacancy in either of the offices named in the second section of this act, which shall not have been supplied by an election, before the general election next succeeding the happening thereof, may be supplied at such election.

SEC. 4. Special elections shall be conducted, and the results thereof canvassed and certified, in all respects, as near as practicable, in like manner as general elections, except as otherwise directed; and no special election shall be held within ninety days preceding a general election.

SEC. 5. All general and special elections shall be held at the place in each precinct or district where the last election was held, or at such other place therein as shall have been ordered by the board of county commissioners; Provided, Nothing in this act shall prevent the holding of two or more polls in one precinct or district when the same shall be ordered by the commissioners.

SEC. 6. Whenever it shall become impossible or inconvenient to hold an election at the place designated therefor, the judges of election, after having assembled at or as near as practicable to such place, and before receiving any vote, may adjourn to the nearest convenient place for holding the election, and at such adjourned place, forthwith proceed with the election.

SEC. 7. Upon adjourning any election, as provided in the preceding section, the judges shall cause proclamation thereof to be made, and shall station a constable, or some other proper person, at the place where the adjournment

was made, to notify all electors arriving at such place, of the adjournment and the place to which it was made.

SEC. 8. The secretary of the territory shall, between the first day of July and the fifteenth day of the same month in each year, in which a delegate to congress, or any other territorial officer are to be elected for a full term, make out and cause to be delivered to the sheriff of each county, a notice in writing, stating that at the next general election, the before mentioned territorial officers are to be elected, or so many of such officers as are then to be chosen.

SEC. 9. If any vacancy shall exist in the office of delegate to congress, or any other territorial office, proper to be supplied at the ensuing general election, one month before such election, the secretary of the territory shall give notice in writing to the sheriff of each county, specifying the cause of such vacancy, the name of the officer in whose office it occurred, and the time when his term of office would have expired.

SEC. 10. The secretary of the territory shall, between the first day of July and the fifteenth day of the same month in each year, in which the official term of any member of the council or member of the house of representatives will expire, make out and cause to be delivered to [the] sheriff of each county comprising such district, or to the sheriff of each county which shall form a part thereof, a notice in writing, specifying the number of the district, and the name of the member or members, whose term of office will so expire.

Notice of elestion.

Notice, what to state.

Ditto.

tion, by whom

ordered.

SEC. 11. All special elections for county officers, and Special elec· the filling of all vacancies at a general election, shall be ordered by the county commissioners, which order shall be countersigned by the clerk of the board of county commissioners; in all other cases of special elections, they shall be called the governor.

to specify.

SEC. 12. Every order or writ issued for a special Orders, what election, shall specify the county or district in which such election is to be held, how the vacancy occurred, the name of the officer in whose office it occurred, the time when his

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