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Judgments.

Wife's tort.

Separate deed.

SEC. 7. When any woman against whom liabilities exist, shall marry, and has, or acquires lands, judgments on such liability may be rendered against her and her husband jointly, to be levied on such lands only.

SEC. 8. When any judgment is rendered against a husband and wife for the tort of the wife, execution on such judgment shall first be levied on the lands of such wife, if she have any.

SEC. 9. The separate deed of the husband shall convey no interest in the wife's lands.

SEC. 10.

its passage.

This act shall take effect and be in force from and after

Approved, December 4, 1869.

CHAPTER 83.

MEDICINE, SURGERY, &c.

AN ACT to Prevent the Practice of Medicine, Surgery and [or] Obstetrics, by Unquali-
fied Persons.

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

ploma requir

SECTION 1. No person shall practice medicine, surgery, or Medical eduobstetrics in this Territory, who has not received a medical educa- cation and dition and a diploma from some regularly chartered medical school, ed of practisaid school to have a bona fide existence at the time when said diploma was granted.

tioner.

ma to be filed

SEC. 2. Every physician, surgeon or obstetrician, when about Copy of diploto take up his or her residence in this Territory, or who now with registrar resides here, shall file for record with the registrar of deeds of of deeds, the county in which he or she is about to practice his or her profession, or where he or she now practices it, a copy of his or her diploma, at the same time exhibiting the original, or a certificate from the dean of the medical school of which he or she is a graduate, certifying to his or her graduation.

to be identi

son named in

SEC. 3. Every physician, surgeon, or obstetrician, when filing Practitioner a copy of his or her diploma, or certificate of graduation, as fed as the per required by section two (2) of this act, shall be identified as the person diplom named in the papers about to be filed, by the affidavit of two citi zens of the county, or by his or her affidavit, taken before a notary public or commissioner of deeds for this Territory, which affidavit shall be filed in the office of the registrar of deeds.

non-compli

SEC. 4. Any person practicing medicine, surgery or obstetrics Penalty for in this Territory, without complying with sections one, two and ance with prethree of this act, shall be guilty of a misdemeanor, and, upon aeding sect'ns. conviction, shall be punished by a fine of not less than fifty dollars, nor more than five hundred dollars, or by imprisonment in the county jail for a period of not less than thirty (30) days, nor more than six (6) months, or by both fine and imprisonment for each and every offense. And any person filing or attempting to Penalty for file as his or her own, the diploma or certificate of graduation of ing mas of anothanother, or a forged affidavit of identification, shall be guilty of a er or forged felony, and, upon conviction, shall be subject to such fine and identification. imprisonment in the penitentiary as may be fixed by the court for said offense.

diplo

affidavit of

Police, sheriff,

SEC. 5. It shall be the duty of the police, sheriff' or constable, to arrest all persons practicing medicine, surgery or obstetrics, in duty or, to ar

or constable,

rest

persons this Territory, who have not complied with the provisions of this act, and the officer making the arrest shall be entitled to one-half of the fine collected.

violating this

act.

Cases in which this act shall not apply.

Proofsufficie't to convict.

SEC. 6. No portion of this act shall apply to any person who, in an emergency, may prescribe or give advice in medicine, surgery or obstetrics, in a section of country where no physician, surgeon or obstetrician resides, or where no physician, surgeon or obstetrician resides within convenient distance, nor to persons prescribing in their own family; nor shall the provisions of this act apply to persons claiming to practice medicine, surgery or obstetrics in any section of the Territory wherein no physician or surgeon, having a diploma or certificate of graduation as aforesaid, now resides or shall hereafter reside.

SEC. 7. Upon the trial of any person charged with a violation. of any of the provisions of this act, it shall be sufficient for the prosecution to show that the defendant has practiced medizine, surgery or obstetrics within the county where the indictment is found, at any time since the passage of this act, and the defendant shall not, after such proof, be entitled to an acquittal until he or Rebutting tes- she shows by the testimony of some competent witness, upon oath, that the defendant has received a medical education and a genuine diploma from some regularly chartered medical school, provided that the defendant may show such facts by depositions taken in the same manner as depositions are taken in civil cases.

timony.

Former act repealed,

In force.

SEC. 8. That an act entitled "An act to protect the citizens of Wyoming Territory from empiricism, and to elevate the standing of the medical profession," be and the same is hereby repealed. SEC. 9. This act shall take effect and be in force from and after its passage. Approved, December 10th, 1875.

CHAPTER 84.

MILITIA

AN Acr to Authorize the Formation of Volunteer Militia Companies.

Be it enacted by the Council and House of Representatives of the Terri

tory of Wyoming :

litia.

SECTION 1. The acting militia of this Territory shall consist Volunteer miof volunteer companies, to be composed of men between the ages of eighteen and forty-five years.

SEC. 2. Whenever forty or more men, not exceeding one hun- Formation of dred, shall associate themselves together for the purpose of form- companies. ing a volunteer company, they shall proceed to organize such company by the election of one captain, one first, and one second lieutenant, who shall be commissioned by the governor as soon as notified of such organization by the captain of said company; Pro- Proviso. rided, That any company shall be deemed to be duly organized upon the election of officers.

SEC. 3. Any volunteer company shall have power to adopt such constitution and by-laws, for its government and discipline, not inconsistent with the laws of this Territory, as a majority of the members thereof shall deem proper.

SEC. 4. The governor shall, when notified of the organiza- Issue of arms. tion of any company under the provisions of this act, cause to be delivered to the captain of such company, a sufficient number of arms and accoutrements to properly equip the same, if at his disposal, taking bond therefor, with approved security, for the return Bond for reof said arms, should a return be ordered by any lawful authority of the Territory.

turn of arms.

SEC. 5. Any volunter militia organized under the provisions call, when of this act, may be called out at any time in case of war, or inva- subject to. sion, to prevent insurrection, suppress riots, or aid the civil authorities in the execution of the laws, and to act in case of Indian outbreaks or depredations; Provided, That every such company or Provided. force of volunteer militia, shall be in strict subordination to the civil powers of the Territory.

SEC. 6. The system of discipline and field exercise used by the ariny of the United States, in the different corps of cavalry, infantry and artillery, shall be observed by all companies in the exercise and discipline of said corps respectively.

SEC. 7. Any commissioned officer may be removed by the gov- Removal ernor, on a petition of two-thirds of the members of the company, battalion or regiment, to which he may belong.

of

offlcers.

etc.

SEC. 8. Every officer and member of a volunteer company, for any neglect or refusal of duty required by the constitution and by-laws thereof, shall forfeit and pay such sums as may be prescribed by such laws, which may be recovered in civil action before any justice of the peace, as in other actions, upon complaint of any member of said company.

SEC. 9. Whenever three companies, or more, not exceeding five, shall be organized, the commissioned officers of the same may elect a commanding officer, who shall rank as major, and when five or more companies, not to exceed eight, shall be organized, the commissioned officers thereof may elect one lieutenant-colonel, who shall have command of the battalion, and when eight companies shall be organized, the commissioned offcers of the companies comprising the regiment thus formed, may elect a colonel to command such regiment.

Regiments, SEC. 10. A regiment of volunteer militia shall consist of eight formation of, companies, and whenever organized by the election of a colonel, he shall have power to, and may appoint, one adjutant, one quartermaster and one surgeon, each of whom shall rank as captain, and be commissioned by the governor; he may also appoint one sergeant major, and such officers thus appointed shall constitute his staff.

tia.

Authority to SEC. 11. The governor shall have power to, and may as comcall out mili- mander-in-chief of the militia of this Territory, call out any part or all of the volunteer militia, or any of the citizens of the Territory who may desire to volunteer for the purpose of repelling invasion, preventing insurrection, suppressing riots, aiding the civil authorities in executing the laws, and to prevent Indian depredations.

Urgent cases.

Proviso.

Term of commissioned of

SEC. 12. If at any time, in any county of this Territory, the services of the volunteer militia shall be required for any of the purposes mentioned in section eleven of this act, and prompt action is necessary for the protection of the citizens of such county, the senior volunteer officer nearest the locality shall have the right to call out, for active duty, a sufficient number of the militia to secure such protection, and shall at the same time give notice of his action to the governor; Provided, That such action shall only apply in cases where time, and the urgency of the case, shall prevent previous notice to the governor.

SEC. 13. Should no militia officer be present to issue the call provided for in the preceding section, the sheriff of such county shall have power to issue such call, but the citizens who may volunteer under said call, and the militia that may assemble, shall have power to elect their commanding officer, if no commissioned officer of the militia be present.

SEC. 14. The commissioned officers of each company, battalficers' service. ion, or regiment of volunteer militia, shall hold their offices for two years, unless sooner removed, as herein provided, and the noncommissioned officers and privates of each company, after being members thereof for two years, shall, if they desire, be entitled to and receive a certificate, each, of such membership, from the captain of their company.

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