Territory, within sixty days from and after the passage of this act, and all like bonds that may hereafter be given shall be filed in the effice of said Secretary of the Territory, within sixty days from the date of the execution of said bonds, and coppies [copies] of said Received in bonds, duly certified by said Secretary, under the seal of the Territory, shall be received in evidence in all Courts of this. Territory. evidence when. Repealing clause. Sec. 2. All acts and parts of acts conflicting with the provisions of this act, be and the same are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. Approved, February 8th, 1865. A Affidavit Bond shall be conditioned for AN ACT To AMEND AN ACT ENTITLED "AN ACT REGULATING Be it enacted by the Council and House of Representatives of Colorado Territory: SEC, 1. That in all snits and actions commenced by attachment, and in all suits and actions in which writs of attachment shall be issued in aid of such suits or actions, it shall be lawfull [lawful] for the plaintiff, without filing more than one affidavit and and Bond. bond, to sue out a writ or writs of attachment directed to the Sheriff of any county or counties, other than the one in which such suit or action is pending, which writs shall be executed in the same manner as now provided by law respecting writs of attachments, Pro-` vided, that in all such cases the attachment bond given by the plaintiff shall, in addition to the provisions now required by law, be conditioned for the payment of all damages which may accrue to the defendant by reason of any excessive levy, made under any writ of attachment issued in such suit or action; and if more property shall be levied upon, under the several writs of attachment issued in such suit or action, than is sufficient to satisfy the plaintiff's demand, the obligors for damages in such bond shall be liable to the defendant for the damage accruing to him from such excessive levy. payment of damages. The obli gors liable when. CORPORATIONS. ༈ ན 47 When suf SEC. 2. That in all suits or actions which have been, or shall hereafter be commenced by attachment, and in all suits and actions in which any writ of attachment has been, or shall hereafter be issued, in aid of any such suit or action, and any such writ of attachment shall not have been or shall not be, prior to the return day thereof, levied upon sufficient prop- ficient property to satisfy the plaintiff's demand, it shall be lawfull erty has not [lawful] for the plaintiff, without filing any new or upon. additional bond or affidavit, at any time prior to the term at which judgment in such suit or action shall be rendered, to sue out an alias or pluries writ of attachment upon which the clerk issuing the same shall enclose the return or returns made by the officer or officers executing any writ or writs theretofore issued in such suit or action. 14 been le vied May sue out an alias or pluries. directed. SEC. 3. It shall be the duty of any officer to whom Duty of offany alias or pluries writ of attachment shall be whom such directed and delivered. to proceed to levy the same writ is upon property of the defendant or defendants named therein, of sufficient value, together with the property levied upon under any writ or writs, theretofore issued, in the same suit or action, to satisfy the plaintiff's demand, and to return such writ in the same manner as other writs of attachment; property so levied upon shall be held and disposed of in the same manner as is now provided by law respecting property levied upon under and by virtue of original, writs of attach ment. SEC. 4. This act shall take effect and be in force. from and after the passage thereof. Approved February 8th, 1865. 『 1 TO AMEND AN ACT ENTITLED "AN ACT ENTITLED AN to Be it enacted by the Council and House of Representatives M of Colorado Territory Act of SEC. 1. That section five of said act shall be and March 11th, the same is hereby amended by striking out the words amended, 1864, Same. prescribed by county commissioners. "and a majority of whom shall be residents of this Territory" in the fourth and fifth lines from the top of said section. SEC. 2. That section twelve of said act shall be and the same is hereby amended by striking out the word "two," in the second line from the bottom of said section, and inserting the word "five" instead thereof. SEC. 3. Whenever any corporation constituted or formed for the purpose of constructing a wagon road, according to the provisions of the act to which this act is amendatory, shall have constructed one mile or more of the road by such corporation to be constructed, it shall be lawfull [lawful] for the County Commissioners or the tribunal transacting county business of the county in which the portion of road Rates of toll so constructed shall lie, to prescribe the rates of toll to be charged and collected by such corporation, upon the portion of the road so constructed, and thereafter; and as other portions of the road, to be constructed by such corporation, shall be completed, such County Commissioners or tribunal transacting county business, shall prescribe rates of toll to be charged and collected upon other portions of the road so completed as aforesaid, and such corporation shall have power to erect toll-gates, not exceeding one to every ten miles, and to collect tolls thereat, at the rates prescribed, as aforesaid, until such road be completed; Provided, said road shall be completed within two years after such rates shall have been prescribed. Toll gates to be ten miles apart. Proviso. Rates of toll how pre scribed. SEC. 4. Whenever any corporate body, organized under the act to which this act is amendatory, shall have fully completed the wagon road to be by them constructed, and the County Commissioners, or tribunal transacting county business of the county, in which the same shall be located, shall have prescribed. the rates of toll to be charged and collected upon such road, such corporporation shall be entitled to charge and collect toll at the rates so prescribed for two years thence next ensuing; and at the expiration of the term of two years after such rates shall be prescribed, and biennially thereafter, during the existance of such corporation, the County Commissioners, or tribunal transacting county business, shall prescribe the rates of toll to be charged and collected on such road for the two years thence next ensuing CORPORATIONS MUNIIPAL. 49 Same. SEC. 5. Whenever any wagon road, constructed by any corporation organized under the act to which this on to H act is amendatory, shall be located in two or more counties it shall be lawfull [lawful] for the County Commissioners or tribunal transacting county business of the several counties, into or through which such road shall, pass, to prescribe the rates of toll to be charged and collected by such corporation, on the portions or parts of such road lying within the limits of such counties, respectfully. [respectively] fw not mant SEC. 6. This act shall take effect and be in force from and after its passage. *B. maire un ni Approved February 8th, 1865. FOR AN ACT TO PROHIBIT PERSONS HOLDING OFFICE Be it enacted by the Council and House of Representaives of Colorado Territory: corporation enter into with Alder' TÁ LA ⱭZIMA CT SEO. 1. That it shall not be lawfull [lawful] for any Municipal Municipal Corporation in this territory to make or shall not enter into any contract or agreement with any Alder- contract man or Councilman of such Municipal Corporation whereby any sum of money, evidence of indebtedness or other thing of value shall be acknowledged to be due, or shall become due to such Alderman or Councilman. man, &c. man shall SEC. 2. No alderman or councilman of any incor Alderman porated town or city in this territory shall, during the or Councilterm for which he shall have been or shall be not receive elected, accept, take or receive to his own use, from money from town or city, the town or city of which he shall be an alderman or c. councilman, any sum of money or other thing of value other than that which is, by the act incorporating such town or city, provided to be paid to such alderman or councilman for his services as such alderman or ɖoun, mint oTI cilman, and every person who shall violate the provis, ions of this section shall be deemed guilty of a misdemeanor, and upou conviction thereof in any court of Penalty. to go to informer. Half to competent jurisdiction, he shall be fined not less than Half of fine one hundred dollars, nor more than five hundred dollars, the one-half thereof to go to the informer and the remainder to the school fund of the county in school fund, which such town or city shall be located, and he shall also cease to be an Alderman or Councilman, as the case may be, of such city or town. SEC. 3. No alderman or councilman of any incor porated city or town in this territory shall, during the or Council term for which he shall be elected, be interested or Alderman man shall not be in terested in contracta, &c. Penalty. concerned in any way or manner directly or indirectly SEC. 4. This act shall take effect and be in force Approved, February 10, 1865) 967 9561·0 Bleventh AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO APPORTION Be it enacted by the Council and House of Representatives SEC. 1. That section twenty-one of an act entitled Twelfth |