party, one dollar and fifty cents; for serving subpoena on each witness, seventy-five cents; for summoning each juror, seventy-five cents; for advertising property for sale, besides the actual expenses, onedollar; for returning each writ, or other process, seventy-five cents; mileage for each mile actually traveled in all cases, twenty cents; for levying executions, two dollars; for serving and returning scire facias, one dollar and fifty cents; for committing or discharging any prisoner to or from jail, one dollar; for dieting prisoners per day, such reasonable compensation as shall be allowed by the board of county commissioners; for attending before any judge with prisoners, with writ of habeas corpus, one dollar and fifty cents; for each mile traveled in taking prisoner before judge on writ of habeas corpus, twenty cents; for serving writ of possession, with aid of posse comitatus, five dollars; for serving the same without such aid, two dollars and fifty cents; for attending district or probate court when in session, per day, four dollars, to be paid out of county treasury; for executing and acknowledging deed of sale of real estate, three dollars and fifty cents; for making certificate of sale, previous to execution of deed, two dollars; for taking bond in any case, one dollar and fifty cents; for executing capias or warrant in criminal cases on each person named therein, one dollar and fifty cents; for making and recording certificate of levy in attachment and other cases, two dollars; for transporting and feeding prisoners, per mile, thirty cents, besides actual expenses. COMMISSIONS ON MONEY COLLECTED WITHOUT SALE. On all sums under five hundred dollars, three per cent.; on all sums over five hundred dollars, and under one thousand, two per cent.; and on all sums over one thousand dollars, one per cent. COMMISSIONS ON MONEY COLLECTED BY SALE. On all sums under five hundred dollars, six per cent.; on all sums over five hundred dollars, and under one thousand, five per cent.; on all sums over one thousand dollars, two per cent.; for executing sentence of death, fifty dollars, together with actual expenses incurred in carrying out such sentence of death, to be paid out of the county treasury; for pursuing and capturing each person charged with the commission of any crime denominated a felony, beyond the limits of his county, in addition to the mileage now allowed by law, the sum of three dollars per day, to be paid out of the county treasury. The constables shall be entitled to the same fees for pursuing and capturing criminals as is now provided for sheriffs in this act, to be paid out of the county treasury. FEES FOR NOTARIES PUBLIC. For noting a bond, bill of exchange, or promissory note, for protest, one dollar; for each protest and record of the same, one dollar and fifty cents; for each notice of protest, one dollar; for each certificate and seal, seventy-five cents; for each acknowledgment of a deed or other instrument in writing, one dollar; for taking depositions, per folio, twenty cents; for swearing any person to an affidavit, with certificate and seal, one dollar; for all other services, the same fees as justices of the peace for like services. SEC. 3. That so much and such parts of an act entitled "An act regulating the fees of officers, jurors and witnesses," approved November 8th, 1861, and an act entitled "An act to amend an act entitled an act regulating the fees of officers, jurors and witnesses," approved March 11th, 1864, and so much and such parts of an act entitled "An act fixing the compensation of members of the legislative assembly of the territory of Colorado, and amendatory to the several acts heretofore passed, regulating the fees of officers, jurors and witnesses," approved February 10th, 1865, as relate to the fees of any of the officers or persons hereinbefore mentioned, be and the same are hereby repealed. FEES OF MASTERS IN CHANCERY. SEC. 4. For making sale of real estate, in pursuance of the order or a decree of the court, making certificate of such sale and deed thereon, the same fees as allowed to sheriffs for making sale of real estate, upon execution at law; for taking testimony in any case, upon an order of reference, the same fees as allowed justices of the peace for taking depositions; for report on any such case, five dollars. SEC. 5. This act to take effect and be in force from and after its passage. Approved January 11th, A. D. 1867. Capture or killing of game prohibited. Shall have game in possession when. Shall not buy or sell game. Penalty for this act. AN ACT TO PRESERVE GAMB IN THE TERRITORY OF COLORADO. Be it enacted by the Council and House of Representatives of Colorado Territory: SECTION 1. That it shall be unlawful for any person to kill, ensnare, or trap any pheasant, quail, prairiehen or prairie-chicken, in the territory of Colorado, until the fifteenth day of January, in the year of our Lord one thousand eight hundred and sixty-nine. SEC. 2. That it shall be unlawful for any person to kill, ensnare, or trap any elk, deer, antelope, fawn, mountain sheep, or wild turkey, between the fifteenth day of January and the fifteenth day of August, of each and every year. SEC. 3. That it shall be unlawful for any person to buy, sell, or have in possession, any of the birds named in the first section of this act, until the fifteenth day of January, in the year of our Lord one thousand eight hundred and sixty-nine. SEC. 4. That it shall be unlawful for any person to buy, sell, or have in possession any animal or bird named in the second section of this act, at any time between the fifteenth day of January and the fifteenth day of August, of each and every year. SEC. 5. That the provisions of sections two and four of this act shall apply to the birds named in section one of this act, from and after the fifteenth day of January, in the year of our Lord one thousand eight hundred and sixty-nine. SEC. 6. Any person who shall violate any of the violation of provisions of sections one and three of this act, for each and every violation thereof shall forfeit and pay the sum of thirty dollars, one-half to go to the informer, and the other half to the territorial treasury, and to be recovered in an action of debt in the name of the people of Colorado Territory. Further penalties SEC. 7. Any person who shall violate any of the prescribed. provisions of sections two and four of this act, shall forfeit and pay the sum of fifty dollars, for each and every offense, one-half to go to the informant, and the other half to the territorial treasury, and to be recovered in an action of debt in the name of the people of Colorado Territory. How recovered. SEC. 8. The penalties named in this act may be sued for and recovered before any justice of the peace or judge of probate, in the county in which the provisions of this act shall have been violated. SEC. 9. Informers shall not be excluded, by reason Informers. of interest, from giving testimony in any case which may be brought under the provisions of this act. SEC. 10. This act shall take effect and be in force from and after its passage. Approved January 11th, A. D. 1867. AN ACT TO REDUCE THE SEVERAL ACTS CONCERNING JURORS INTO ONE Be it enacted by the Council and House of Representa- SECTION 1. That all male inhabitants of the terri- Qualificatory of Colorado, of the age of twenty-one years, rors. tions of ju. who are citizens of the United States, of sound mind and discretion, and not subject to any bodily infirmity amounting to disability, or to disability imposed for the commission of crime, and not being negroes or mulattoes, shall be competent persons to serve as grand and petit jurors in all courts and judicial proceedings in this territory. tions. SEC. 2. That justices of the supreme court, probate judges, clerks of courts, county clerks and commissioners, attorneys and counselors at law, sheriffs, coroners, justices of the peace, post masters, persons who are sixty years of age, members of organized fire companies and militia companies, and all persons ex- Exempempt by any special law of this territory, shall not be required to serve on any jury, if he or they shall ask to be excused or relieved from such service; and no person shall be required to serve as a juror except in the county where he may reside, or in some county to which the county of his residence may be attached for judicial purposes. SEC. 3. The board of county commissioners of each county in this territory, except in counties attached for judicial purposes, shall, at least twenty-five days prior to each and every term of the district court required to be held in such county, select twenty-three qualified persons to serve as grand jurors, and twenty-four qualified persons to serve as petit jurors, at Board of county com shall select fors. missioners grand ju Proviso. County commissioners shall select petit jurors. Duties of the county clerk defined. Clerk of district shall receive names of persons as section 3. the ensuing term of the district court: Provided, That if the judge of the district court of such county shall, before the selecting of such jurors, in writing, direct the said board not to select jurors as aforesaid, then no jurors shall be selected to attend such term; and the said judge may direct that grand, or petit jurors only, shall be selected, and in such case the said board shall proceed according to such direction. SEC. 4. If the judge of the district court of any county shall be of the opinion that the business to be transacted at any term of the district court in such county will require a petit jury to remain in attendance at such term for more than two weeks, it shall be the duty of such judge to direct the board of county commissioners, in writing, to select twentyfour persons to serve as petit jurors, in addition to the number mentioned in the third section of this act, and to direct upon what day of such term, or of the month and year, the jurors last mentioned will be required to appear and enter upon the service imposed upon them by law; and the said board shall proceed to select twenty-four qualified persons to serve according to such direction. SEC. 5. Whenever, and as soon as jurors shall be selected as provided in sections three and four of this act, the clerk of the board of county commissioners shall certify to the clerk of the district court of such county the names of the persons selected as grand jurors, and the names of the persons selected as petit jurors, and if persons shall be selected as provided in section four, the time when such persons will be required to appear at the term of court, shall also be given in such certificate. SEC. 6. Whenever the clerk of the district court of any county shall receive the names of the persons selected as provided in section three, he shall, unless provided in otherwise directed by the judge of such court, issue a venire under the seal of the court, directed to the sheriff of the proper county, commanding him to summon the persons so selected to appear in person before such court, on the first day of the next term of such court, at ten o'clock in the forenoon of that day. If the judge of such district court shall direct that grand or petit jurors shall be summoned to appear on any day of the term, subsequent to the first, the venire issued as aforesaid shall be made returnable according to such direction. If jurors shall be Return of venire. |