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accrue to any person other than the children or descendants of the intestate, unless they are in being, and capable in law of taking as heirs at the time of the intestates death.

SEC. 3. Children, and descendants of children of the half-blood, shall inherit the same as children and descendants of the whole blood, but collateral relations of the half-blood shall inherit only half the measure of collateral re atives of the whole blood, if there be any of the last named class living.

SEC. 4. Where any of the children of the intestate shall have received in his lifetime, any real or personal estate, by way of advancement, and the other heirs desire it to be charged to him, the probate judge shall cite the parties to appear before him, shall hear proof upon the subject, and shall determine the amount of such advancement or advancements to be thus charged.

SEC. 5. The maintenance, education or supply of money to a child under the age of majority, without any view to apportion or settlement in life, shall not be deemed an advancemeat under section four of this title.

SEC. 6. The alienage of the descendants shall not invalidate any title to real estate which shall descend from him or her.

SEC. 7. Illegitimate children shall inherit the same as those born in wedlock, if the parents subsequently intermarry, and such children be recognized after such intermarriage by the father, to his illegitimate children, inherit from the mother, and the mother from the children.

SEC. 8. Divorces of husband and wife shall not effect the right of children personally together, to inherit their property.

SEC. 9. Probate judges and administrators of the estate of persons dying intestate within this territory, shall apportion and distribute estates of intestates according to this act.

SEC. 10. The rule of descent of all property of whatsoever kind or nature, real and personal, of any bastard or illegitimate person, dying intestate in this territory and

leaving property and effects therein, shall be as follows, to wit: On the death of any such person intestate, his or her property, estate and effects, shall descend to and vest in the widow or surviving husband and children, as the property and effects of other persons in like cases. In case of the death of any such illegitimate person leaving no children or descendants of a child or children, then the whole property and estate, rights, credits, and effects shall descend to and vest in the widow or surviving husband. In case of any auch illegitimate person, leaving no widow, surviving husband or descendants, then the property and estate of such person shall descend to and vest in the mother and her children and their descendants; to the mother one half, and the other half to be equally divided between her children and their descendants, the descendants of a child taking the share of their deceased parent or ancestors. In case of the death of any such illegitimate person leaving no heirs as above provided, then the property and effects of whatsoever kind or nature, shall pass to and vest in the next of kin to the mother of such illegitimate person, in the same manner as the estate of a legitimate person, would, by law, pass to the next of kin.

1

ed absolute prop

erty.

SEC. 11. If any decedent leaves a widow residing in Widow, allowthis territory, in all cases she shall be allowed to have and retain as her sole and separate property, one bed and bedding, wearing apparel of herself and family, two cows, her saddle and bridle, one horse, household furniture for herself and family, and also the same amount and species of property, real and personal, as is or may be by law exempt from execution. Said property shall be retained by the widow, and set apart to her by the executor or administrator, and shall, in no case be subject to the payment of debts of the deceased.

relinquish,

SEC. 12. When an inventory shall have been made of Widow may the personal estate of any testator or intestate, the widow may relinquish her right to any or all of the specified articles of property allowed to her by the preceding section, or in case the intestate shall not leave any or all of the

articles specified, in either case she shall be entitled to other Value set apart property or the value of the same in money, and it shall be

in money.

Right of widow

not affected.

the duty of the administrator or court of probate to allow the value of the articles specified by law to be set apart to the widow of any intestate, to be allowed her in money, or other personal property at her election.

SEC. 13. The right of a widow to her separate property shall, in no case be effected by her renouncing or failing to renounce the benefit of the provisions made for her in the will of her husband or otherwise.

Approved, December 10, 1869.

COMPENSATION.

Members of Council, House, &c., shall receive

The Auditor is directed.

CHAPTER 42.

AN ACT FIXING THE COMPENSATION OF MEMBERS, CLERKS, AND OTHEE
OFFICERS OF THE LEGISLATIVE ASSEMBLY OF THE

TERRITORY OF WYOMING.

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

SEC. 1. That members of the council and house of representatives of Wyoming territory, shall receive, in addition to the per diem paid by the general government, the sum of six dollars each per day, and the speaker and president of the house and council twelve dollars each per day, for their services in attendance on the present session of the said council and house of representatives, which convened on the twelfth day of October, A. D., 1869, at Cheyenne, Wyoming territory.

SEC. 2. The auditor of the territory is hereby directed and authorized to draw a warrant on the territorial treasurer in favor of each member of the said council and house of repre sentatives, in payment of the additional amount as above specified, on presentation to him by such member of a certif

icate signed by the speaker of the house or president of the council for members of their respective houses, and by the clerk of the house or secretary of the council for the speaker and president respectively, certifying that the holder thereof was a member of such body, and was in actual attendance on the duties of the same: and upon the presentation of such warrant to the territorial treasurer he shall pay the same out of any funds in the treasury not otherwise appropriated.

SEC. 3. That there shall be allowed the clerks of the house of representatives, compensation for services rendered at this session as follows, to wit: To the engrossing and enrolling clerks, each the sum of ten dollars per day. The chief clerk shall be allowed the sum of seven dollars per day, and the assistant clerk the sum of seven dollars per day, the sergeant at arms the sum of five dollars per day, the foreman the sum of four dollars per day, the messenger the sum of four dollars per day, the page the sum of three dollars per day, the chaplain the sum of three dollars per day, and for the pay of two extra clerks for the judiciary committee, C. E. Wilson and J. T. Chaffin, the sum of eight hundred dollars, being four hundred dollars each, and for the pay of John Adams, for service rendered as clerk to judiciary committee, three hundred and twenty dollars.

SEC. 4. The enrolling and engrossing clerks of the council shall receive the sum of ten dollars each per day, the chief secretary of the council shall be allowed the sum of seven dollars per day, the assistant secretary the sum of seven doliars per day, and sergeant at arms the sum of five dollars per day, the page of the council the sum of three dollars per day, the messenger shall receive the sum of four dollars per day, and the foreman the sum of four dollars per day, the chaplain the sum of three dollars per day.

Allowed to clerks.

Ditto.

SEC. 5. The certificate of the president of the council Certificate, &e. countersigned by the secretary of the council, or the speaker of the house countersigned by the chief clerk of the house, shall be sufficient authority for the auditor of the territory to draw warrants for the several amounts so certified to upon the

territorial treasurer, which shall be paid out of any funds in the territorial treasury not otherwise appropriated, and the several officers respectively shall be paid for the term they were actually engaged in the 'service of the council or house of representatives as the case may be, and the certificate aforesaid shall specify the number of days which the person receiving the same is entitled to pay, for such session.

SEC. 6. This act to take effect and be in force from and after its passage.

MINERS' LIENS.

Lien for labor.

Lien for matefals.

How to proceed.

CHAPTER 43.

AN ACT GIVING LIENS TO MINERS AND OTHEK LABORERS IN MINES, COÁL
BANKS, AND UPON OIL LAND.

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

SEC. 1. That every miner or other person, who, at the request of the owner of any ledge or lode of quartz bearing gold, silver, cinnabar or copper, or of any coal bank or mine, shall work in or upon such mine or bank, shall have a lien upon such vein or lode, mine or bank, to the amount due at any time when a demand shall be made upon such owner, or his or their agent for money due for such labor, and payment shall be refused.

SEC. 2. That any person who shall labor as a mechanic, or otherwise, or who shall furnish timber, lumber, rope, nails, or any other material for timbering shafts [or] levels for the mine, or who shall furnish any kind of materials for erecting windlass, whim, or other hoisting apparatus upon any vein, mine or coal bank, referred to in the first section, shall also have a lien upon the mine or coal bank for which he furnished such materials, or upon which he performed such labor.

SEC. 3. The party seeking a lien shall proceed so far as the proceedings are applicable in the same manner, to

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