authorized, SEC. 3. If the auditor shall knowingly issue any warrant upon Warrant not the treasury, not authorized by law, he shall, upon conviction penalty for thereof, be fined in a sum not exceeding four-fold the amount of drawing. such warrant, and imprisonment for any length of time not exceeding one year, and shall be deemed guilty of a misdemeanor in office. rant, penalty SEC. 4. If the treasurer shall wilfully and unlawfully refuse to Refusal to pay pay any warrant lawfully drawn upon the treasury, he shall forfeit lawful warand pay to the holder thereof four-fold the amount of such war- therefor. rant, 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. lawful acts, SEC. 5. If the auditor or treasurer shall wilfully neglect, or Neglect of refuse to perform, any duty enjoined by law, or shall be guilty of duty and unany oppression or extortion in the performance of any legal duty, penalty. 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. SEC. 6. The amount of every account audited, adjusted, and Amount due found due in the Territory according to this act, with the penalties the territory,a 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. with auditor SEC. 7. Previous to each regular session of the Legislative Who to settle Assembly, the secretary of the Territory shall select and notify by and treasurer. 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 oath taken duties, shall take the oath required by the constitution, of mem- and indorsed, bers of the legislative assembly, which shall be indorsed and certified on their certificates of election. Report to as SEC. 9. The members selected, or a majority of them, shall make such settlement and make to each house of the legislative sembly. 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 terasurer'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 "canceled." tempore. SEC. 10. In case of the death, sickness, absence from the Terri- Auditor or tory, removal from office, or impeachment of any auditor or treas- treasurer pro urer, the governor may make an appointment for the time being, of some suitable person to perform the duties of such office until with officers 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. Settlement SEC. 11. Immediately after the appointment and qualification pro tempore. 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 session, 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. Certificate. Assembly not in session. tificates. 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 gov Duplicate cer- ernor to make such settlement, shall make out duplicate certifi cates 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 son entitled thereto, and the other to the governor, to be laid before the legislative assembly at its next session. Settlement approved. per 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 Disapproved, of the auditor and treasurer, and if it 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. SEC. 16. The persons appointed by the governor to make such settlement with the auditor and treasurer, shall receive 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 power to administer all oaths and affirmations required by law in matters touching the duties of their respective offices. TITLE VI. Of Suretics. SECTION 1. Each surety offered on the bond of the treasurer 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. tion. SEC. 2. The auditor of this Territory shall receive a salary of Compensaone 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, December 2, 1869. CHAPTER II4. Commission ers. When to meet TERRITORIAL ROADS. AN ACT to Establish a Territorial Road from Sherman to the Line of Colorado Territory, in the direction of the North Park Gold Mines. Be it enacted by the Council and House of Representatives of the Territory of Wyoming : SECTION 1. That Geo. Van Dyke, John K. Gilman and W. H. Harlow, be, and are hereby appointed commissioners to locate and establish a Territorial road from Sherman to the line of Colorado Territory, in the direction of the North Park gold mines, by the most practicable route. SEC. 2. It shall be the duty of the commissioners, or a majority of them, to meet at Sherman, on or before the first day of May, eighteen hundred and seventy, and proceed to locate said road. SEC. 3. This act shall take effect and be in force from and after its passage. Approved, December 9, 1869. Wagon roads. AN ACT to Locate and Establish a Territorial Wagon Road from the Town of Rawlins, Carbon County, to the Snake River Gold Mining District. Commission ers. road. Proviso. Be it enacted by the Council and House of Representatives of the Territory of Wyoming: SECTION 1. That B. F. Hatch, P. L. Smith, and Wm. M. Masi, be, and they are hereby appointed commissioners to locate and establish a Territorial wagon road from the town of Rawlins Springs, in the county of Carbon, to the southern boundary line of Wyoming Territory, in the direction of the Snake River gold mining district, in the Territory of Colorado, by the shortest and most practicable route. Location of SEC. 2. It shall be the duty of the said commissioners, or a majority of them, to meet at Rawlins Springs, in Carbon county, aforesaid, on or before the first Monday in May, eighteen hundred and seventy-two, and proceed to locate said road; Provided, That the county commissioners of said Carbon county, shall not audit and pay any sum or sums of money exceeding in the aggregate, the sum of two hundred dollars, on account of the location of said road. SEC. 3. This act shall take effect and be in force from and after its passage. Approved, 16th December, 1871. An ACT to Locate and Establish a Territorial Wagon Road from the Town of Rawlins, in Carbon County, to the Seminole Mining District. Be it enacted by the Council and House of Representatives of the Territory of Wyoming: SECTION 1. That William Granger, E. Hunt and John C. Dyer, Commissionbe, and they are hereby appointed commissioners to locate and ers. establish a Territorial wagon road, from the town of Rawlins, Carbon county, to the Seminole mining district, by the shortest and most practicable route; Provided, That the expense of locat- Proviso. ing said road shall not exceed the sum of one hundred and fifty dollars in the aggregate, and the board of county commissioners shall not audit or allow warrants to be drawn for any greater amount than one hundred and fifty dollars. SEC. 2. It shall be the duty of the said commissioners, or a majority of them, to meet at Rawlins, in Carbon county aforesaid, on or before the first Monday in May, eighteen hundred and seventy-two, and proceed to locate said road. SEC. 3. This act shall take effect and be in force from and after its passage. Approved, 9th December, 1871. AN ACT to locate a Territorial Wagon Road from the Town of Evanston, County of Be it enacted by the Council and House of Representatives of the Territory of Wyoming : SECTION 1. That Thomas E. McClelland, Hugh Morrison and commission Russell Thorp, be, and they are hereby appointed commissioners ers. to locate and establish a Territorial wagon road from the town of Evanston, in Uinta county, Wyoming Territory, to Hayden's Fork of Bear river. where to meet SEC. 2. It shall be the duty of said commissioners, or a major- when and ity of them, to meet at Evanston, in the aforesaid county, on or before the first day of June, 1876, and proceed to locate said road; Provided, however, The cost therefor shall not exceed in the aggre- Proviso. gate, the sum of two hundred dollars, which sum shall be paid out of the Territorial treasury, out of any moneys not otherwise appropriated, and the Territorial auditor is hereby authorized to draw his warrant on the Territorial treasurer, for the sum of two Warrants. hundred dollars, whenever the commissioners mentioned in this act, or a majority of them, shall show, by affidavit, to the Territorial auditor, that they have performed the duties prescribed in this act. SEC. 3. |