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same shall be disposed of pursuant to the orders of the Court. In computing the five days Sundays and holidays shall be excluded and not counted. A duplicate copy of said receipt shall immediately be filed with said County Clerk, who shall keep a record of same; provided, this Act shall apply to all sheriffs and their deputies, who shall be required to make the affidavit and issue the receipt and otherwise comply with the provisions of this Act. Provided, that all liquors so seized shall be preserved for use as evidence in the trial of any action. growing out of such seizure and all officers seizing any such liquors are hereby required to seal and mark the bottles or containers for identification by writing thereon the date of the seizure and the name of the person from whom seized. The sheriff shall be liable on his bond for the safe keeping of all such property so turned over to him. under the provisions of this Act.

Destruction of Liquor or Articles Seized.

Section 2. No intoxicating liquors, stills, still caps, worms, tubs, fermenters, vessels or furniture of any kind seized shall be disposed of or destroyed except on order of the Judge of the District Court, who in ordering the destruction of liquors, stills, still caps, works, tubs, fermenters, vessels or furniture shall appoint three reputable citizens of said county who shall witness the destruction of said liquors, stills, still caps, works, tubs, fermenters, vessels or furniture and shall make affidavit to the same upon the back of the order furnished by the Court.

Violation-Penalty.

Section 3. Any officer failing to comply with the provisions of Section one of this Act shall be guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars or more than two hundred dollars or imprisoned in the county jail not less than thirty days or more than six months for each offense.

Sale of Liquor Seized-Penalty.

Section 4. Any officer who shall sell, barter or give away or otherwise dispose of any whiskey or any other intoxicating liquor, including beer, so seized by order of the Court shall be deemed guilty of a felony and upon conviction shall be fined not less than two hundred dollars or more than one thousand dollars, and imprisoned in the penitentiary not less than one year or more than three years for each offense.

False Affidavit-Penalty.

Section 5. Any officer wilfully making a false affidavit in connection with the provisions of this Act shall be guilty of perjury and upon conviction therefor shall be imprisoned in the penitentiary not less than two years nor more than five years for each offense.

Validity.

Section 6. If any provisions of this Act shall be held invalid, it is hereby provided that all other portions of this Act which are not expressly held to be invalid shall continue in full force and effect.

Section 7. All Acts and parts of Acts in conflict herewith are hereby repealed.

Section 8. This Act shall take effect and be in force from and after its passage.

Approved February 25, 1925.

CHAPTER 128.

Original Senate File No. 46.

VIOLATION OF PROHIBITION LAWS-PENALTY.
TY.

AN ACT to amend and re-enact Section 27 of Chapter 117, Session Laws of Wyoming, 1921, relating to penalties for violations of the prohibition laws.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. That Section 27 of Chapter 117, Session Laws of Wyoming, 1921, be amended and re-enacted to read as follows:

Section 27. Any person who manufactures liquors in violation of this Act and upon conviction shall for the first offense be fined not less than two hundred and fifty dollars nor more than one thousand dollars and imprisoned for a period of three months, and for a second or subsequent offense shall upon conviction be fined not less than four hundred dollars nor more than two thousand dollars or imprisoned in the State penitentiary not less than one year nor more than five years. Any person who sells liquors in violation of this Act, upon conviction shall for the first offense be fined not less than two hundred dollars nor more than one thousand dollars and imprisoned for a period of ninety days, and for a second or subsequent offense shall be fined not less than four hundred dollars nor more than two thousand dollars or imprisoned not less than six months nor more than five years.

An person violating the provisions of any permit, or who makes any false record, report or affidavit by this Act, or violates any of the provisions of this Act, for which offense a special penalty is not prescribed, shall upon conviction be fined for a first offense not less than two hundred dollars, nor more than one thousand dollars or imprisoned not exceeding ninety days or both; for a second offense not less than three hundred dollars nor more than twenty-five hundred dollars, or be imprisoned not more than six months; for any subsequent offense he shall be fined not less than five hundred dollars and be imprisoned not less than three months nor more than two years. It shall be the duty of the prosecuting officer to ascertain whether the defendant has been previously convicted and to plead the prior conviction in the complaint, information, or indictment. The penalties provided in this Act against the manufacture of liquor without a permit shall not apply to a person for manufacturing non-intoxicating cider and fruit juices exclusively for use in his home, but such cider and fruit juices shall not be sold or delivered except to persons having permits.

Section 2. This Act shall take effect and be in force from and after its passage.

Approved February 25, 1925.

CHAPTER 129.

Original Senate File No. 89.

LIQUIDATION AND DISTRIBUTION OF ASSETS OF BANKS.

AN ACT relating to the liquidation and distribution of the assets of banks in the hands of the State Examiner, or a Receiver, for liquidation and distribution.

Be It Enacted by the Legislature of the State of Wyoming:

Order of District Court.

Section 1. The District Court upon application of the State Examiner shall have power to order the distribution and disposition of the assets of any State bank, Trust Company, Loan and Trust Company, or Savings Bank, organized under the banking laws of the State of Wyoming which has heretofore or shall hereafter come into the hands of said State Examiner, or a Receiver, for liquidation and distribution. Such distribution and disposition shall be made in conformity to any agreement or plan of re-organization or consolidation or sale of such assets agreed to by the holders of not less than seventy-five per cent (75%) of the direct obligations of said bank, unsecured by collateral. The Court shall make such modifications and changes as in the exercise of its equitable jurisdiction it may deem necessary to insure the equitable distribution of the assets of the bank ratably among the creditors thereof.

Hearing.

Section 2. Prior to ordering any such distribution of the assets of such bank, the District Court shall fix a time and a place of hearing, and shall direct notice to be given to all creditors and stockholders, in such form as the Court may direct.

Definition of "Assets."

Section 3. The terms "assets" as used in connection with the agreement and plan of reorganization shall include all of the assets of the bank, pledged and unpledged, contingent or direct, save alone the stock assessment liability, and the right to collect all such assets shall vest as directed by the Court in its order approving the plan or agreement.

Secured Creditors.

Section 4. Nothing contained herein shall affect the rights of secured creditors in the security pledged, or to share in the capital stock assessment, nor affect the rights of depositors or creditors on bonds or other contract with third parties.

Receiver May Be Continued.

Section 5. For the purpose of collecting the capital stock liability and distributing the same, as provided by law, the receiver may be continued.

Section 6. All Acts or parts of Acts in conflict herewith are hereby repealed.

Section 7. This Act shall take effect and be in force from and after its passage.

Approved February 25, 1925.

CHAPTER 130.

Original Senate File No. 91.

ASSISTANT BUDGET OFFICER.

AN ACT to amend and re-enact Section 343, Wyoming Compiled Statutes, 1920, and creating the office of Assistant Budget Officer, and fixing his salary and outlining his duties.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. That Section 343, Wyoming Compiled Statutes, 1920, be amended and re-enacted to read as follows:

Section 343. The Governor shall be the Chief Budget Officer of the State and shall appoint one assistant budget officer for a term of office not to exceed two years at a salary not to exceed four thousand dollars ($4,000.00) a year; said assistant budget officer shall as soon as appointed proceed to make a detailed study of the departments and establishments of the State, for the purpose of enabling the Governor to determine what changes, (with a view of securing greater economy and efficiency in the conduct of the public service) should be made in (1) the existing organizations, activities, and methods of business of such departments or establishments, (2) the appropriations therefor, (3) the assignment of particular activities or particular services, or (4) the regrouping of services, the results of such study shall be embodied in a report or reports to the Governor, who shall transmit to the Legislature such report or reports with his recommendations on the matters covered thereby, such Assistant Budget Officer shall perform such other duties in relation to the acquiring of information for and preparation of said Budget as shall be requested of him by the Governor and shall have authority on the request of the Governor to examine the books, records and vouchers of any and all departments and institutions of the State. The Governor may employ such further special help as he may require to carry out the provisions of this Act. The Governor shall fix the compensation of such other persons as he shall employ in this connection and cause the same, together with their necessary traveling expenses, to be paid out of the contingent fund of his office.

Section 2. This Act shall take effect and be in force from and after its passage.

Approved February 26, 1925.

CHAPTER 131.

Original Senate File No. 88.

CHILD AND ANIMAL PROTECTION.

AN ACT defining certain duties and powers of the Commissioner of Child and Animal Protection of the State of Wyoming and of the assistant Commissioner of Child and Animal Protection of the State of Wyoming providing for the appointment of the Commissioner of Child and Animal Protection of the State of Wyoming as Guardian of children coming into the custody of such Commissioner of Child and Animal Protection under and by virtue of the laws of the State of Wyoming, and confirming and legalizing all appointments, heretofore made, of the Commissioner of Child and Animal Protection of the State of Wyoming as guardian of said children who have come into the custody of such commissioner. Be It Enacted by the Legislature of the State of Wyoming:

Appointment of Commissioner as Guardian.

Section 1. It shall be the duty of the Commissioner of Child and Animal Protection of the State of Wyoming to make application to the proper district court in any district or county of this State for the appointment of such Commissioner of Child and Animal Protection as guardian of any and all children coming into the care and custody of such Commissioner of Child and Animal Protection. Such appointments shall run to the Commissioner of Child and Animal Protection of the State of Wyoming as such, and anyone appointed to and performing the duties of such Commissioner of Child and Animal Protection shall during the full period of his or her term in office be ex-officio guardian of all children of whom he or she, or his or her predecessor or predecessors in office, have been or has been appointed such guardian, and all of the rights, authority and duties of any such guardian shall also vest in and become obligatory upon the lawful incumbent of the office of Commissioner of Child and Animal Protection, and said Commissioner of Child and Animal Protection as such guardian shall have full and complete authority to consent to the adoption of any and all children of whom he or she shall be ex-officio guardian.

Powers and Duties of Assistant Commissioner.

Section 2. The Assistant Commissioner of Child and Animal Protection of the State of Wyoming at any time when the Commissioner of Child and Animal Protection of the State of Wyoming shall be absent from the county wherein the office of the Commissioner of Child and Animal Protection is maintained under the laws of this State, shall have authority and it shall be the duty of such Assistant Commissioner of Child and Animal Protection 'to exercise all of the power and authority conferred upon said Commissioner of Child and Animal Protection with reference to securing the appointment of said Commissioner of Child and Animal Protection as guardian of any child or children and consenting to the adoption of any child or children of whom said Commissioner of Child and Animal Protection shall be guardian.

Ratification of Former Appointments.

Section 3. In all cases where the Commissioner of Child and Animal Protection of the State of Wyoming heretofore has been appointed guardian of any child or children by any of the courts of this

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