CHAPTER 59.

Tji me when

kill or sell elk, etc.

GAME LAW.

AN ACT Entitled an Act for the Protection of Game and Fish in the Territory of
Wyoming.

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

SECTION 1. It shall be unlawful for any person or persons to unlawful to kill or offer for sale, any elk, deer, antelope, buffalo or mountain sheep, or young of either kind, between the first day of March and the fifteenth day of August, in each and every year; Provided, That it shall not be unlawful for any person or persons to kill enough of the animals aforesaid to supply their own immediate

Proviso.

Time when unlawful to

wants.

SEC. 2. It shall be unlawful for any person or persons to kill, kill quail, etc. trap, or ensnare, any pheasant, quail, prairie hen or prairie chicken, or sage hen, in this Territory, from the first day of March until the fifteenth day of August in each and every year.

Unnecessary

SEC. 3. It shall be unlawful for any person or persons, at any killing forbid- time during the period when game may be killed, to kill or take a greater amount than can be disposed of to advantage or profit.

SEC. 4. It shall be unlawful for any person or persons to take, ensnare or trap trout in the waters and streams of this Territory otherwise than by hook and line or such other mode by which fish can be singly obtained.

SEC. 5. Any person who shall violate any section or sections of this act, shall forfeit and pay the sum of fifty dollars, one-fourth to go to the informer and the remainder to the public schools within the county where the offense was committed, to be recovered in any action of debt, in the name of the complainant and the people of Wyoming Territory.

SEC. 6. Non-payment of the fine and penalty of this act shall subject the offender to sixty days imprisonment in the common jail, or place of imprisonment, belonging to the county in which the provisions of this act have been violated.

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

Approved, first December, 1869.

[NOTE-Section 1 was amended to read as above. Sec. 3 was inserted, and the Nos, of the following sections were changed to correspond, by act approved December 16th, 1871.COMPILERS.]

AN ACT for the Protection, and to Prevent the Destruction of Wild Game, in the Territory of Wyoming.

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

the killing of

SECTION 1. It shall be unlawful for any person or persons to Time in which kill or destroy, any elk, deer, mountain sheep, or antelope, within elk, deer, etc., the limits of this Territory, between the fifteenth day of January, is unlawful. and the fifteenth day of August, henceforth.

to be killed for

SEC. 2. And it shall be unlawful for any person, or persons, to Said animals kill or destroy any animal, named in the foregoing section, at any food only. time, for any purpose, or under any pretext whatsoever, except for food, and then only when necessary for human subsistence, governed in amount and quantity by the reasonable necessities of the person, or persons, killing such animal.

part prohibit

SEC. 3. And it shall be unlawful for any person, or persons, Waste of any killing any animal mentioned in the first section of this act, to let, ed. or cause any portion of such animal to go to waste, and destruction, except the entrails, head and shanks, otherwise, every portion of such animal, when killed, (unless diseased and unfit for food) must be used and converted into necessary food for human sub

sistence.

such animals

SEC. 4. That no such animals as are named in this act, shall be Speculati'n in killed and used for speculative purposes, beyond a reasonable forbidden. home market supply, for food purposes only.

olation of pro

SEC. 5. That a violation of any of the provisions of this act, Penalty for vi shall be punished by a fine of not less than fifty dollars, nor more visions of this than five hundred dollars, or by imprisonment in the county jail act (belonging to the county in which the provisions of this act have been violated) not less than thirty days nor more than six months; or by both such fine and imprisonment, in the discretion of such court.

SEC. 6. The informer, of any and all violations of this act, shall be entitled to receive one-half of any and all fines collected under this act. The other one-half of all such fines, after deducting the costs of the prosecution, shall be paid into the county school fund, and be used for school purposes only. And in case said informer shall not demand one-half of said fine, then the whole of said fine, so received, (deducting costs) shall be paid into said school fund.

Disposition of

fines collected

under this act

SEC. 7. All acts and parts of acts in conflict with this act, are Conflicting hereby repealed.

acts repealed.

SEC. 8. This act shall take effect and be in force from and after In force. its passage.

Approved, December 7th, 1875.

CHAPTER 60.

Guardian.

Appointment

Appointment

court.

GUARDIANS AND WARDS.

AN ACT Concerning Guardians and Wards.

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

SECTION. 1. The father is the natural guardian of the persons of his minor children. If he dies, or is incapable of acting, the mother becomes the guardian.

SEC. 2. The natural, and actual guardian of any minor child may, by will, appoint another guardian for such minor. If without such will, both parents be dead or disqualified to act as guardian, the probate court may appoint one.

SEC. 3. Although the parents are [be] living and of sound by the probate mind, yet if the minor has property not derived from either of them, a guardian must be appointed by the probate court to manage such property.

Minor child.

Selection of guardian.

Guardians to give bond.

Oath.

Inventory property.

of

SEC. 4. The father, or, in case of his death, absence or incapacity, the mother may be appointed the guardian to take charge of the property of his minor child, if deemed by the court, a suitable person for that purpose.

SEC. 5. If the minor be over the age of fourteen years and of sound intellect, he may select his own guardian, subject to the approval of the court.

SEC. 6. Guardians appointed to take charge of the property of the minor must give bond, with surety, to be approved by the court, in a penalty double the value of the personal estate, and of the rents and profits of the real estate of the minor, conditioned for the faithful discharge of their duties as such guardians, according to law. They must also take an oath of the same tenor, as the condition of the bond.

SEC. 7. Within twenty days after their appointment, they must make out an inventory of all the property of the minor which shall be appraised in the same manner as the property of a. deceased person. The inventory must be filed in the office of the judge of the probate court. SEC. 8. Guardians of the persons of minors have the same power and control over them that parents would have if living. SEC. 9. Guardians of the property of minors must prosecute of interests. and defend for their wards. They must, also, in other respects,

Powers.

Management

manage their interests under the direction of the court; they may thus lease their lands or loan their money during their minority, and may do all other acts which the court may deem for the benefit of the wards.

sale.

SEC. 10. When not in violation of the terms of a will by which Mortgage or a minor holds his real property, it may, under the direction of the probate court, be sold or mortgaged on the application of the guardian, either when such sale or mortgage is necessary for the minor's support or education, or when his interest will be thereby promoted by reason of the unproductiveness of the property, or of its being exposed to waste, or of any other peculiar circum

stances.

SEC. 11. The petition for that purpose, must state the grounds Petition. of the application, must be verified by oath, and a copy thereof, with a notice of the time at which such application will be made to the court, must be served personally upon the minor, at least ten days prior to the term fixed for such application.

SEC. 12. The court, in its discretion, may direct a postpone- Postponem❜nt ment of the matter, and may order such further publication through the newspapers or otherwise, as it may deem expedient.

SEC. 13. It may, also, direct a reference for the purpose of Referenee. ascertaining the propriety of ordering the sale or mortgage as applied for.

SEC. 14. Before any such sale or mortgage can be executed, security. the guardian must give security to the satisfaciion of the court, the penalty of which shall be at least double the value of the property to be sold, or of the money to be raised by the mortgage, conditioned that he will faithfully perform the duties in that respect, and account for and apply all moneys received by him under the direction of the court.

SEC. 15. When the application for the sale of property is Costs. resisted, the court may, in its discretion, award costs to the prevailing party, and may, when satisfied that there was no reasonable ground for making the application, direct the costs to be paid by the guardian from his own funds.

SEC. 16. Deeds may be made by the guardian in his own name, Deeds. but they must be returned to the court, and the sale or mortgage

be approved before the same are valid.

this act.

SEC. 17. The same rules that are prescribed in the sale of real Rules under property by executors and administrators, shall be observed in the sales under the provisions of this act, as far as applicable.

SEC. 18. A failure to comply with any order of the court in Guardianship relation to the guardianship, shall be deemed a breach of the condition of the guardian's bond, which may accordingly be put in suit by any one aggrieved thereby, for which purpose the court may appoint another guardian of the minor, if necessary. The court may, also, commit him to jail until he complies with such

order.

counting

SEC. 19. Guardians of the property of minors must account, Annual aoon oath, annually, or oftener, if required by the court. It may, also, direct them to give new or supplemental security, or may

Effects.

Non-residents

Appointment

remove them for good cause shown, which cause must be entered on the records.

SEC. 20. Where a new guardian is appointed, the court may order the effects of the minor, which are in the hands of his predecessor, to be delivered up to such new guardian.

SEC. 21. The foreign guardian of any non-resident minor may be appointed the guardian of such minor, by the court of the county wherein he has any property, for the purpose of selling or otherwise controlling that and all other property of such minor within this Territory.

SEC. 22. Such appointment may be made, upon his filing, in the office of the probate judge of the county wherein there is any such property, an authenticated copy of the order for his appointCopy of order. ment. He shall thereupon qualify, like other guardians, except as in the next succeeding section is prescribed.

Inventory.

Compensa'ion of guardians.

SEC. 23. Upon the filing of an authenticated copy of the bond and the inventory rendered by the guardian in the foreign State, if the court is satisfied with the sufficiency of the amount of the security, it may dispense with the filing of an additional bond.

SEC. 24. Guardians shall receive such compensation as the court may, from time to time, allow. The amount allowed and the service for which the allowance was made, must be entered upon the records of the court.

SEC. 25. This act shall take effect and be in force from and after its passage.

Approved, December 9th, 1869.