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Jury trial, right of.

Venire for jury.

Challenge, right of.

SEC. 12. Before the justice has heard any testimony upon the trial, the defendant may demand a jury, which, in all cases, shall be allowed.

SEC. 13. If a trial by jury be demanded, the justice shall direct any peace officer of the county to make a list in writing, of the names of twelve inhabitants of the county having the qualifications of jurors in the district court, from which list the prose cutor and defendant may each strike out three names.

SEC. 14. In case the prosecutor or the defendant neglect or refuse to strike out such names, the justice shall direct some disinterested person to strike out the names for either, or both of the parties so neglecting or refusing; and upon such names being struck out, the justice must issue a venire directed to any peace officer of the county, requiring him to summon the six persons whose names remain upon the list, to appear before such justice at the time and place named therein, to make a jury for the trial of the cause.

SEC. 15. The officer to whom such renire is delivered, must forthwith summon such jurors, and return the venire to the justice within the time therein specified, naming the persons summoned, and the manner of service.

SEC. 16. The names of the persons returned as jurors shall be called by the justice, and if upon any such call any of the persons so named do not appear, or are challenged or set aside for any cause, such further number must be summoned as will make a jury of six, after all legal challenges have been allowed, and each party shall be allowed two peremptory challenges.

SEC. 17. The same challenge for cause may be taken by either party to any individual juror, as on the trial of an indictinent for a misdemeanor, but no challenge to the panel is allowed.

SEC. 18. If the officer by whom the renire is received, do not return it as required, he may be punished by the justice for a contempt, and the justice shall issue a new reire for the summoning of the same jurors, upon which the same proceeding shall be had as upon the one first issued.

SEC. 19. Where six jurors appear and are accepted, they shall constitute the jury.

Oath of jurors, SEC. 20. The justice must thereupon administer to them the following oath or affirmation: "You and each of you do swear, or you do solemnly affirm, (as the case may be), that you will well and truly try the issue between the Territory of Wyoming and the defendant, and a true verdict give according to the evidence."

SEC. 21. After the jury are sworn, they must sit together, and hear the proofs and allegations of the parties, which must be delivered in public, after which they may either decide in open court or retire for consideration.

SEC. 22. If they do not immediately agree upon a verdict, they must retire with the sheriff of the county, or some constable, if either such are in attendance upon the court, or in their absence, with some person appointed by the justice, who shall be sworn to the following:

"You do swear that you will well keep the jury together in some Oath of bailifi private place without food or drink, unless otherwise ordered by the court; that you will not permit any person to speak to them, nor speak to them yourself, unless it be to ask them whether they have agreed upon a verdict, and that you will return them into court when they have so agreed."

SEC. 23. When the jury have agreed on their verdict, they Verdict of ju must deliver it publicly to the justice, who shall enter it on his rendition

docket.

SEC. 24. The jury must be kept together after the case is submitted to them, until they have agreed upon and rendered their verdict, unless, for good cause, the justice sooner discharge them.

SEC. 25. If the jury be discharged as provided in the last section, the justice may proceed again to the trial in the same manner as upon the first trial, and so on till a verdict is rendered.

ry,

criminal cases

SEC. 26. When the defendant pleads "guilty," or is convicted, Judgment in either by the justice or by a jury, the justice shall render judgment thereon, of fine or imprisonment, as the case may require, being governed by the rules prescribed for the district court, as far as the same are applicable, in rendering such judgment.

SEC. 27. A judgment that the defendant pay a fine, may also direct that he be imprisoned until the fine is satisfied.

SEC. 28. When the defendant is acquitted, either by the justice or by a jury, he must be immediately discharged.

SEC. 29. When the defendant is acquitted, the justice shall, if he is satisfied that the prosecution was malicious, or without probable cause, tax the costs against the prosecuting witness, and render judgment therefor.

SEC. 30. The judgment shall be executed by a peace officer of Execution of the county where the conviction is had, by virtue of the warrant judgment. under the hands of the justice, specifying the particulars of such judgment.

SEC. 31. If a fine be imposed and paid before commitment, it Fines, disposi shall be received by the justice, and by him paid over to the ton of county treasurer, within thirty days after the receipt thereof, for the use of the schools in the county.

SEC. 32. If the defendant be committed for not paying a fine, he may pay it to the sheriff of the county, or to the justice by whom the commitment was made, but to no other person; who must in like manner, within thirty days after the receipt thereof, pay it into the county treasury for the use of the schools in the county.

SEC. 33. The defendant may appeal from the judgment to the district court of the county in which the trial was had.

SEC. 34. The justice rendering a judgment against the defend- Appeals, ant, must inform him of his right to an appeal therefrom, and make an entry on his docket of the giving such information, and the defendant may thereupon take an appeal by giving notice orally to the justice that he appeals, and the justice must make an entry on his docket of the giving of such notice.

Undertaking

form

SEC. 35. The justice must, thereupon, enter an order on his on appeals, docket fixing the amount in which bail may be given by the defendant, and the execution of the judgment against the defendant shall not be stayed, unless bail in that amount be put in by an undertaking substantially in the following form :

Qualifications of bail.

Witness, bail of.

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A. B., having been convicted before C. D., a justice of the peace of said county, of the crime of (here designate it generally as in the information) by a judgment rendered on the day of A. D. 18-, and having appealed from said judgment to the district court of said county, we, A. B., as principal, and E. F., as surety, hereby undertake that the said A. B. will appear in the district court of the said county at the next term thereof, and abide the judgment of said court, and not depart without leave of the same, or that we will pay to the Territory of Wyoming the sum of dollars (the amount of bail fixed). A. B.

E. F.

in the

A. D. 18—.

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Acknowledged before, and accepted by me, at
county of
this day of

C. D., Justice of the Peace.

SEC. 36. The bail must possess the qualifications required in cases of appeal from the district court to the supreme court of the Territory.

SEC. 37. The bail may be taken by the justice who rendered the judgment, or by any magistrate in the county who has authority to admit to bail, or by the district court, or the clerk thereof.

SEC. 38. When an appeal is taken, the justice must cause all material witnesses to enter into an undertaking, as in a case where a defendant is held to answer on a preliminary examination, to appear and testify on the trial of the appeal in the district court, at a term at which it is returnable, and shall, as soon as practicable, and at least ten days before the first day of such term of the Docket en district court of the county, file in the office of the clerk thereof, copies to be a certified copy of the entries on his docket, together with all the sent to district undertakings and papers in the case.

tries, certified

court.

Appeals, con

SEC. 39. The cause, when thus appealed, shall stand for trial anew in the district court, in the same manner that it should have been tried before the justice, and as nearly as practicable as an issue of fact upon an indictment, without regard to technical errors or defects, which have not prejudiced the substantial rights of either party, and the court has full power over the case, the justice of the peace, his docket entries, and his return to administer the justice of the case according to law, and shall give judg ment accordingly.

SEC. 40. No appeal from the judgment of a justice of the missal or al- peace, in a criminal case, shall be dismissed, except in the follow

ditions of dis

lowance.

ing cases:

First, Where the supposed offense set out in the information shall not be an offense under the law;

Second, When there shall be no sufficient charge of an offense, and when an appeal shall be dismissed, the defendant cannot be again tried for the same offense.

SEC. 41. If any proceedings be necessary to carry the judg ment upon the appeal into effect, they shall be had in the district court, except as otherwise provided in the next preceding section.

SEC. 42. Either party may appeal from the judgment of the district court to the supreme court, in the same manner as from a judgment in a prosecution by indictment, and the defendant may be admitted to bail in like manner, and similar proceedings shall be had on the appeal in all respects as far as applicable.

SEC. 43. The same proceedings shall be had to carry into effect the judgment of the supreme court upon the appeal, as if it had been taken from a judgment prosecuted by indictment.

duties of jus

SEC. 44. Any justice of the peace failing in any of the require- Dereliction in ments of this act, shall be adjudged to be guilty of a misdemeanor, tice, and punand, on conviction thereof, shall be punished by a fine of not less ishme't therethan fifty dollars, nor more than five hundred dollars.

for.

SEC. 45. That chapter two of the laws of A. D. 1869, entitled, conflicting "An act defining the jurisdiction of justices of the peace in crim- laws, repeal of inal trials, and of the proceedings therein," be, and the same is, hereby repealed upon the taking effect of this act.

SEC. 46. This act shall take effect and be in force from and after the first day of February, A. D., 1872.

Approved, 16th December, 1871.

CHAPTER 72.

Tenancy by

to imply re

LANDLORD AND TENANT.

AN ACT concerning the relations of Landlord and Tenant.

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

SECTION 1. That hereafter in this Territory, there shall not sufferance not exist the relations of landlord and tenant, by implication or operanewal of lease tion of law, except a tenancy by sufferance. That upon the expiration of a term created by lease, either verbal or written, there shall be no implied renewal of the same, for any period of time whatever, either by the tenant holding over, or by the landlord accepting compensation or rent, for, or during any period of such holding over. That such holding over by the tenant, and acceptance of rent by the landlord, shall constitute only a tenancy by sufferance, with the rights, duties, obligations and incidents of such tenancy.

Contract in writing neces

lease.

SEC 2. That no lease which shall have expired by its own limitsary to renew ation, shall be again renewed except by express contract in writing, signed by the parties thereto, whether the original lease be written or verbal. Nor shall any other tenancy than that by suf ferance exist after the termination of the original lease, unless created as aforesaid, by express contract in writing.

In force.

SEC. 3. This act shall be in force from and after its passage.
Approved, December 1st, 1875.

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