, 1899-03-22
SESSION LAWS, 1899.
APPEAL FROM STATE LAND BOARD.
CHAPTER So.
House Bill No. 139.

APPEAL FROM STATE LAND BOARD.
An Act to provide for appeals from the decisions of the State Board
of Land Commissioners.
BE it Enacted by the Legislature of the State of Wyoming:
Section 1. Any party who may feel himself aggrieved
by the determination of the State Board of Land Commits
sioners rendered in any contest proceeding held before said
Board, may have an appeal from said Board to the District
Court sitting within and for the County in which the land
in controversy is selected. All persons joining in the APP
peal shall be joined as appellants, and all persons having
interests adverse to the parties appealing, or any of them,
shall be joined as appeIees; and upon said appeal being per-
fected, said appeal shall stand to be heard, and for trial de
nOvo, by said Court.
after the determination of the said Board, file with said
Board a notice in writing stating that such party intends
to appeal to said District Court from the determination Of
said Board; and at the same time shall file a like notice in
said District Court; and upon the filing of said notices, the
appeal shall be deemed to have been taken; provided, how
ever, that the party appealing shall within thirty days after
the said notices shall have been filed, enter into an under
taking to be approved by said District Court or the Clerk
or Judge thereof, and to be given to appellees, and to
be in such an amount as said Court, or Judge thereof, shall
fix conditioned that the appellant shall prosecute his appeal
without unnecessary delay, and will pay all costs and dam
ages which the appellees or any of them may sustain in con-
sequence of such appeal.
Sec. 3. Upon notice of intention to appeal having been
filed with said Board, the Register thereof shall at once
transmit to the Clerk of the District Court, to which such APP
peal is to be taken, all papers and documents and evidence in
the case together with a transcript of all orders and journal
entries concerning the same, and a certified copy of the de-
cision of said Board. The parties may conduct the appeal
upon the original papers and afidavits in the case, or upon
new or amended pleadings, and such case shall stand for
trial upon the evidence adduced before said Board. Pro
ylded, that IN the discretion OF the Court additional EVIL
dence may be adduced on the trial; but the party desiring to
introduce such evidence shall give notice to the adverse
party or parties Immediately after the perfection of the bill,
of the offering of said evidence and stating the purport and
nature thereof.
Sec. 4. Upon the approval of the bond as aforesaid, the
Clerk of the District Court shall Immediately issue a notice
to the Register of said Board and to said appellees, and
each of them that said appeal has been perfected; such
notice may be served personally upon the appellees or their
attorneys of record, by any appellant or his attorney of
record or by registered mail, by the Clerk of the District
Court. Proof of service may be made by the affidavit Of
the person making the service. and also Inv the return req
istry receipt where service is made by registered mail.
Sec. 5. At the expiration of the time for the appear
ance of the appellees, the case is to be deemed ready for hear.
ing; and it shall be heard and tried the same in all respects
as civil cases are tried in said District Court; and an appeal
from the judgment, finding and decree of said Court shall
lie to the Supreme Court the same in all respects as prescrib-
ed by law for appeals and proceedings in error from the
District Courts to the Supreme Court of this State.
Sec. 6. The provisions of this Act shall apply to all
cases and proceedings pending before said Board at the
time of the passage Of this Act.
Sec. z. This Act shall take effect and be in force from
and after its passage.
Approved February 21st, A. D. 1899.