whole truth, and nothing but the truth, according to the best of your skill and understanding, so help you God." And an oath or affirmation shall be administered to the other grand jurors, as follows, to-wit: "You, and each of you, do solemnly swear (or affirm) grand ju that you will well and truly keep and observe the rors. oath that A. B., your foreman, has just taken before you, so help you God."

Oath of

rors.

SEC. 13. A grand jury shall consist of not less than sixteen persons, nor more than twenty-three Number of persons, and twelve grand jurors shall assent to the grand ju finding of every true bill. Whenever any member of a grand jury shall give information touching any matter pending before such jury, he shall take an oath or affirmation, in the same manner as other wit

nesses.

failure to

SEC. 14. If any person who shall be lawfully summoned to appear before any district court as a grand Penalty of or petit juror, shall fail, neglect, or refuse to appear appear. as required by such summons, without reasonable excuse, he shall be deemed guilty of contempt, and shall be fined as the court may direct.

SEC. 15. Whenever it shall be necessary to empannel a jury for the trial of any civil or criminal cause pending in any district court, the clerk of such court shall, by chance, draw from a box to be kept Manner of for that purpose, the names of a sufficient number of empannelpetit jurors, to constitute such jury, and if the panel of petit jurors in attendance upon the court shall be exhausted before such jury shall be filled, talesmen may be summoned for the purpose of making up such jury.

ing a jury.

SEC. 16. A jury fee of five dollars shall be taxed Jury fee. as part of the costs of the suit in each cause tried by jury, and in all civil cases such fee shall be paid before judgment is rendered in the verdict. The clerk shall pay such fee, when collected, into the county treasury.

Jurors

SEC. 17. The clerk shall, without fee, furnish to each juror who shall attend at any term of court, a how paid. certificate showing the number of days that such juror shall have attended at such term; and upon presentation thereof to the county commissioners, they shall issue to such juror their warrant upon the county treasury for the amount of the per diem and mileage of such juror.

SEC. 18. That if, upon the trial of any issue of fact

cy of jurors

to be deter

mined by the court.

Competen in any civil action, or any issue out of chancery, or of any indictment, or information, either party shall desire to introduce evidence of the incompetency, disqualification, or prejudice of any juror selected or called for the trial of such issue, and who by the examination of such juror, shall appear to be competent, qualified and unprejudiced, such evidence shall be heard and the competency of such juror shall be determined by the court, without the intervention of triers.

Cost of sub

sisting jury

SEC. 19. In all civil cases, if any expenses shall be -how paid. incurred in furnishing meals or provisions to jurors empanneled to try such causes, such expenses shall be taxed as costs in the suit, against the unsuccessful party, and when collected the same shall be paid into the county treasury, but in the first instance the same shall be paid by the county.

Repeal of previous acts.

Proviso.

SEC. 20. The act entitled "An act concerning jurors," approved November 5th, 1861, and the amendments thereto, and the act entitled "An act to provide for summoning jurors in certain counties, and for other purposes," approved February 10th, 1865, and all acts and parts of acts inconsistent with this act, are hereby repealed, but such repeal shall not effect the validity of any proceedings heretofore had under said acts, or either of them; and if any jury shall have been heretofore summoned pursuant to said acts, or either of them, and are now in attendance upon any court, such jury shall be deemed and held to have been regularly summoned, and the court shall proceed in the same manner as if this act had not been passed, anything in this act to the contrary notwithstanding.

Vetoed by the governor, and subsequently passed by a two-thirds vote of both houses of the legislature, January 11th, A. D. 1867.

AN ACT

TO EXEMPT FIREMEN FROM SERVING ON JURIES.

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

SECTION 1. That all persons who are members of any regularly organized fire companies, or of a hook

empt from militia

and ladder company within this territory, and who Firemen exare subject to duty as members of any such company, jury and are hereby exempted from serving on juries in any duty. court of this territory; and also from any militia duty for which they would otherwise be liable.

SEC. 2. The certificate of the foreman and secretary Evidence of of any such company, that any person is a member service. thereof and subject to active duty as such member, shall be prima facie evidence of such membership. SEC. 3. All acts and parts of acts in conflict with this act are hereby repealed.

SEC. 4. This act shall take effect from and after its passage.

Approved January 11th, A. D. 1867.

AN ACT

TO AMEND AN ACT ENTITLED "AN ACT CONCERNING JUSTICES
OF THE PEACE AND CONSTABLES, ""
APPROVED OCTOBER 31ST,
1861.

Be it enacted by the Council and House of Representa-
tives of Colorado Territory:

SECTION 1. That section sixty-five of an act entitled "An act concerning justices of the peace and constables," approved October 31st, 1861, be and is hereby amended as follows: insert in the sixth line How of said section, immediately after the word "consta- amended. ble," the words "or whenever no qualified constable

can be conveniently found within the precinct."

SEC. 2. This act shall take effect and be in force

from and after its passage.

Approved January 11th, A. D. 1867.

AN ACT

CREATING A LIEN IN FAVOR OF MECHANICS IN CERTAIN CASES.

Be it enacted by the Council and House of Representa

tives of Colorado Territory:

SECTION 1. That any person who shall, by contract who may

with the owner of any piece of land, town lot, lode, have lien. mining claim, water claim, or other premises, furnish labor or materials for erecting, or repairing any

Extent of lien.

How credit

ceed to ob

tain pay

ment.

building, or the appurtenances belonging to any building, or any fence, flume, or the timbering, or ladder-way to any mine or shaft on such land, lode, mining claim, water claim, or premises, shall have a lien upon the whole tract of land, town lot, lode, mining claim, water claim, or premises, in the manner herein provided, for the amount due to him for such labor or materials.

SEC. 2. The lien shall extend to all work done and materials furnished under the provisions of the contract, whether the kind or quantity of the work or materials, or the time of completing or furnishing the same, or the amount to be paid therefor, or the time of payment be specified in such contract or not.

SEC. 3. Where any sum due by such contract shall or may pro- remain unpaid after the same is payable, the creditor may, upon bill or petition to the district court of the county in which the land, lot, lode, mining claim, water claim, or other premises, or any part thereof lies, obtain an order for the sale thereof, and for applying the proceeds of such sale to the discharge of his demand; and the filing of the bill or petition in the clerk's office, and suing out a summons thereon, shall be deemed the commencement of the suit.

What bill or petition shall contain.

Power of the court.

SEC. 4. The bill or petition shall contain a brief statement of the contract on which it is founded, and of the amount due thereon, with a description of the premises which are subject to the lien, and all other material facts and circumstances necessary to a full understanding of the rights of the parties, and shall be considered as the foundation of plaintiff's action; and upon the filing of which with the clerk, a summons shall issue thereon, against all persons and parties, as required upon filing bills in chancery.

SEC. 5. For the purpose of bringing all parties in interest before the court, the court shall have power to permit amendments to any part of the pleadings, and to issue process, make all orders requiring parties to appear and requiring notice to be given by publication in newspapers, that are or may be authorized in proceedings in chancery, and the court shall have the same power and jurisdiction over the parties and subject, that are or may be conferred upon courts in chancery, in respect to proceedings before that court; and where there are several creditors claiming liens upon the same premises, by virtue ants or peti- of distinct contracts, as many such creditors as may

Several creditors may unite

in same bill

as claim

tioners.

desire so to do, may unite as claimants or petitioners in the same bill or petition for the enforcement of their several liens; and the court may, upon the final hearing, decree and enforce the lien given hereby, in favor of such creditors as shall by the proofs appear entitled thereto, and may dismiss the bill or petition as to others of such complainants or petitioners.

SEC. 6. Suits instituted under the provisions of this act, shall be placed upon the common law docket, and shall stand for trial at the term of the court to which the summons is made returnable. The summons shall be served by the sheriff, as other process, but if not served ten days before the return day thereof, the cause shall be continued, unless the parties agree to a trial at that term of court.

and

suits placed on the comdocket.

mon law

to answer under oath.

SEC. 7. Defendants, in proceeding under this chap- Defendants ter, shall answer the bill or petition under oath, the plaintiff shall except or reply to the answer as though the proceeding was in chancery; the answer shall be regarded as the plea of the defendant, and by the replication thereto, an issue or issues shall be formed, which shall be tried by the court, or jury, as the court may direct, or the parties agree.

SEC. 8. Every defendant served with process, ten days before the return day thereof, shall answer the bill or petition on or before the first day of the term, and the issue or issues in the case shall be made up oral testiunder the direction of the court, and oral testimony mony alshall be received as in cases at law.

lowed.

SEC. 9. Notice given to parties by publication in Notice by newspapers, under the direction of the court, shall publication. be equivalent to personal service of such notice.

SEC. 10. In proceedings under this chapter, all who may be persons interested in the subject matter of the suit, parties to or in the premises intended to be sold, may, on application to the court wherein the suit is pending, become parties at any time before final judgment. SEC. 11. Upon questions arising between different creditors, no preference shall be given to him whose contract was first made.

ment.

SEC. 12. Upon the trial causes under the provisions Apportion of this act, the court shall ascertain the amount due each creditor, and shall direct the application of the proceeds of the sales to be made to each, in proportion to their several amounts.

SEC. 13. When the owner of the land shall have failed to perform his part of the contract, and by