TO DIVIDE THE TERRITORY OF COLORADO INTO JUDICIAL DISTRICTS, AND TO PROVIDE FOR THE HOLDING OF Vand COURTS IN THE SAME. Be it enacted by the Council and House of Representatives of Colorado Territory: .A A dog Three Ju dicial Dis. triots.T First Dia trict.j SEC. 1. The Territory of Colorado shall be and the same is hereby divided into three Judicial Districts, in the manner and with the limits in this act specified. SEC. 2. The Counties of Arapahoe, Douglas, Weld, Lake, Park and Summit shall constitute the First Judicial District. SEO. 8. The Counties of Clear Creek, Jefferson, Second Gilpin, Boulder and Larime [Larimer] shall constitute Distri the Second Judicial District. od SEC, 4. The Counties of El Passo, [Paso,] Fre- Third mont, Pueblo, Huerfano, Costilla and Conejos shall constitute the Third Judicial District. of Isolay 1 District. " included in SEC 5. All of that portion of the Territory of Colorado which is not included within the limits of ab Certain อย any of the Counties aforesaid, whether the same be Territory Spanish Grants, Indian Reservation, or other territory the Frist and which lies north of a line running east and west Judicial through the most southerly point of Douglas County, shall be included in and constitute a part of said First Judicial District. 1597 SEC. 6. All that portion of the Territory. of Colorado which is not included within the limits of any of the counties aforesaid, whether the same be Spanish Grants, Indian Rerervations or other territory, and which lies south of the line mentioned in section five of this act, shall be included within and constitute a part of said Third Judicial District. District, Hon, Chas. Lee Armor assigned to al District. [Armour] First Judie Terms of court in SEC. 7 The Hon. Charles Lee Armor is hereby assigned to the First Judicial District as the Judge thereof, and he shall reside in said district and hold terms of court therein, at the time and places as follows, that is to say: at the City of Denver, in the County of Arapahoe, commencing on the first Tuesday of March and December and the second Tuesday county. of June in each and every year. At Laurette, in the Terms of County of Park, commencing on the third Tuesday of may and the first Tuesday in August in each and every year. At Breckenridge, in the County of Sum Arapahoe court in Park county Terms of court in Summit county. mit, commencing on the third Tuesday of August in each and every year. At Oro City, in the County of Lake, commencing on the second Tuesday of SepLake county tember in each year. Terms of court in Hon, A. A. Bradford assigned to Second District. Terms of SEC. 8. The Hon. A. A. Bradford is hereby assigned to the Second Judicial District as the Judge thereof and he shall reside in said District and hold terms of court therein, at the times and places following, that court in Gil- is to say: At Central City, in the County of Gilpin, pin county. commencing on the first Tuesday of April and on the two second Tuesday in July and October in each and every Terms.ouis year. At Idaho, in the County of Clear Creek, comOlear Creek mencing on the second Tuesday of May and on the third Tuesday of Novemberin each year. At Golden City, in the County of Jefferson, commenǝing on the second Tuesday in February and on the third Tuesday of August in each and every year. At Boulder City, in the County of Boulder, commencing on the third Tuesday of March in each year.") court in County J Terms of court in Jefferson county Terms of eourt in Boulder county taid Hon. S. S. Harding as signed to Third Judicial District. We' יו' SEC. 9 The Hon. Stephen S. Harding is hereby assigned to the Third Judicial District as Judge thereof and he shall reside in said District and hold terms of Court therein at the time and places followTing, that is to say At Pueblo, in the County of court in Pu Pueblo, commencing on the first Tuesday in May and eblo bounty, the second Tuesday in September in each year. At San Luis or Middle Culebra, in the County of Costilla, commencing on the first Tuesday of August in each year. Terms of t Terms of court in Costilla county. U. S. Dido') trict courts T for the First Judicial odi District to be held at. when. U. S. Dis triet eourt T for Second be held at when, fi SEC. 10.7 Terms of the District Courts of the United States for the transaction of business arising under the Constitution and Laws of the United States in the First Judicial District, shall be held at Denver City in said district at the time herein before provided/ for the holding of courts at said Denver City. SEC. 11. Terms of the District Courts of the United States for the transaction of business arising under the Constitution and Laws of the United States in the Second Judicial District, shall be held at Central' Cho City, in the said District, at the time herein before provided for the holding of Courts at said Central City. -SEC. 12. Terms of the District Courts of the trict court United States for the transaction of business arising under the Constitution and Laws of the United States in the Third Judicial District, shall be held at Pueblo, rict, when. in said Third District, at the times herein before protrane vided for the holding of Courts at said Pueblo. U. S: Die A for Third District to F be held in Third Dis DISTRICTS. 53 cases to be First District. SEC. 13. All suits, actions, indictments, processes and proceedings pending in the District Courts of the Certain United States for the First Judicial District, as here- rain inbefore organized and constituted, shall be deemed tried in and held to be pending in, and shall be tried in and by Judical the District Court of the United States for the First Judicial District as constituted, organized and enacted by this act, and all suits, actions, indictments, processes and proceedings pending in the District Court of the United States for the second and third Judicial Districts as heretofore organized and constituted shall be tried in deemed and held to be pending in and shall be tried Third in and by the District Courts of the United States for the Third Judicial District as constituted, organized and enacted by this act. SEC. 14. The successors in office of the several Judges herein before assigned to the several districts, respectively, shall hold the term of Court as provided in this act in the said several districts, respectively. SEC. 15. The Counties of Weld and Douglas shall be and the same are hereby attached to the County of Arapahoe for judicial purposes. Causes pending in Second and Third Dis tricts to be District, Weld and Deuglas tached to counties at Arapahoe county be Larimer attached to SEC. 16. The County of Larime [Larimer] shall and the same is hereby attached to the County of Boulder for judicial purposes. SEC. 17. The Counties of El Paso, Fremont and Huerfano shall [be] and the same are hereby attached to the County of Pueblo for judicial purposes. SEC. 18. The County of Conejos shall be and the same is hereby attached to the County of Costilla for judicial purposes. SEC. 19. Each county shall be liable for the expenses incured [incurred] by the same, on account or by reason of said courts, and the Clerk of each Court shall, at the conclusion of each term, or within thirty days thereafter, make out and certify, under seal of said Court, a correct account of all the expenses incured [incurred] at said term by each of the counties attached to the one in which said term of court is held and transmit the same to the Board of Commissioners of such County incurring such expenses, who shall, at the first meeting thereafter, credit the same and give orders on the County Treasurer for the payment thereof to the parties entitled thereto as in other cases of payment of county expenses. SEC. 20. In any county attached to another for judicial purposes, when the same is organized, process Boulder. Process, how issued. Duty of deputy cierk, 9 Jurors, how shall issue to the Sheriff of such county in all cases where the defendent [defendant] or defendents [defendants] reside or where the matter or thing in dispute is situated in such county to which such process is sent. SEC. 21. It shall be the duty of the Deputy Clerk of the said District Court in such counties as are hereby attached to other counties for judicial purposes to inclose the original papers in such courts, civil or criminal, now or hereafter pending in said county, together with a certified copy of all entries made in such cases, in an envelope, sealed up and by him directed to the Clerk of the District Court of the district and in the county to which his said county may be attached for judicial purposes, and upon the receipt of such papers by the Clerk of such District Court it shall be his duty to open and file the same and thereupon said cause shall be proceeded with in all respects as if originally commenced in the county in which said court is held. SEC. 22. In cases where two or more counties are attached for judicial purposes as provided in this act, summoned. jurors shall be summoned from the several counties so attached in proportion, as near as may be, to the population and business of said counties respectively. Actions, how disposed of SEC. 23. All causes, actions and proceedings, civil and criminal, instituted, pending or brought in any court of this territory in which process has been issued prior to the passage of this act, returnable to any term of court as provided by existing laws, shall be deemed and held to be pending in such courts at the term provided in this act, next succeeding the term to which such process shall have been made returnable, and such process shall be deemed and held returnable to the term of such courts provided in this act next succeeding the term to which the same has been made returnable: Provided, That in all cases in which a term of any court shall by this act be required to be held prior to the time which process shall have been made returnable, according to existing laws as aforesaid, it shall be lawfull [lawful] for the parties to the action in which such process shall have been issued, to sue out, and for the clerk of any court in which such process, etc. action shall be pending to issue other process returnable to the term of such court provided by this act, and thereafter the suit action or proceeding shall proceed as if the same had been originally brought to the Proviso, Duty of clerk to is sue other attachment new writ issued publication term of such court fixed by this act; and provided further, That in suits instituted by attachment when the Suits by writ shall have been mad [made] returnable as aforesaid, a new writ may be issued, returnable to the next may be term of the court out of which the same shall have when, been issued or fixed by this act, and returnable as provided by existing laws, and if the same shall not be served upon the defendent [defendant] or, defendents [defendants] named therein, such defendent [defend- Defendants ants] shall be notified by publication to appear at the notified by next term of such court as fixed by this act, in the when. way and manner provided by existing laws, and thereupon the court shall proceed in the same manner as other suits of the same nature instituted to such term. SEC. 24. All suits, actions, causes and proceedings, civil and criminal, now pending in the District Courts of any of the counties of this Territory, respectively, shall be deemed and held to be pending in the District Courts of the said counties, respectively, as named and designated by this act. 5971 SEC. 25. An act entitled "An act concerning the District and Supreme Court, approved November 8th, Repealing A. D., 1861;" and an act entitled "An act to divide clause. act to divide the Territory of Colorado into "Judicial Districts, and to provide for the time of holding courts in the same, approved August 15th, A. D. 1862;" and an act entitled" An act to divide the Territory of Colorado into Judicial Districts and provide for holding courts in the same, approved March 5th, A. D., 1864;" and an act entitled "An act supplementary to an act entitled 'An act to divide the Territory of Colorado into Judicial Districts, and to provide for the time of holding courts in the same, approved March 5th, A. D, 1864;"" and all acts and parts of acts inconsistant [inconsistent] with this act shall be and the same are hereby repealed, SEC. 26. Whenever the Judge assigned to any Judicial District shall, in writing, request any other Judgo of Judge of the Territory to hold any term of court in may hold the District to which the Judge making such request shall have been assigned, it shall be lawfull [lawful] for the Judge receiving such request, upon filing the same with the Clerk of the Court so to be holden, to hold such term in like manner and with like effect, if the same were holden by the Judge assigned to such District, } ་་་་ 17 T one district term in ther Judge shall with clerk, file request etc. •་་་་ SEO, 27. This act shall take effect and be in force sat and after its passage. Approved February 10th, 1865. |