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dollar. For each execution or order of sale, one dollar. For each writ of restitution, one dollar. For warrant for one person, criminal, one dollar, for each additional person, fifty cents. For order on jailor for person or persons, seventy-five cents. For writs of forcible entry or detainer, one dollar and fifty cents. For every other writ required by law, fifty cents. For hearing each preliminary or dilatory motion, fifty cents. For judgments on merits or for costs, seventyfive cents. For dismission, or discontinuance, fifty cents. For taking verdict, twenty-five cents. For making up docket, each one hundred words, twentyfive cents. For each certificate, fifty cents." transcript of docket or other writing, each one hundred words, twenty-five cents. For swearing jury, twenty-five cents. For administering each oath, twenty-five cents. For filing each paper, fifteen cents. For taking each bond or undertaking, fifty cents. For appointing special constable, twenty-five cents. For taking each acknowledgement, fifty cents. For trying each cause of forcible entry and detainer, two dollars. For trying each criminal cause or misdemeanor, one dollar. For trying each civil cause, one dollar. For taking depositions, each one hundred words, twenty-five cents. For writing affidavit or other writing not provided for, each one hundred words, twenty-five cents. For performing duties as coroner, same fees as coroner. For marrying each couple and making returns, five dollars...

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mhset by typ og fis. SEC. 11. The fees of Constables in Colorado Territory shall be as follows to-wit: For serving each warrant or other writ not herein provided for, on each person therein named, one dollar. For serving each summons, on each person,, seventy-five cents. For serving each subpoena, on each person, fifty cents. For serving attachment, one dollar. For serving writs of replevin, and appointing appraisers, two dollars. For returning each process, fifty cents. For serving and levying executions, one dollar. For conveying prisoners to and from jail, one dollar. For serving writ, with aid of posse comitatus, five dollars. For tak ing replevin or other bond, one dollar. For transporting prisoners, per mile, twenty-five cents, for each mile actually traveled in all cases, twenty cents. For

FEES.

attending at each jury trial, occupying 'one half day,' two dollars; for each additional six hours, one dollar. For attending on each trial or examination, without a jury, one dollar and fifty cents. For commissions on money collected, without sale, five per cent on all' sums of one hundred dollars or under; on all sums over one hundred dollars, three per cent. On all sums of money collected, by sale, of sums of one hundred dollars and under, eight per cent., and on all sums over one hundred dollars, five per cent.

SEC. 12. All acts and parts of acts conflicting with the provisions of this act are hereby repealed; and all the officers in this act named shall hereafter receive the fees specified in this act and none other.

SEC. 13. This act shall take effect and be in force from and after its passage à ad

FEES OF PROBATE JUDGES.

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SEC. 14. That hereafter the several Probate Judges in this Territory shall receive the following fees for services performed by them: For appointing an executor, administrator, guardian or trustee, and certifying the same if contested, ten dollars; if not contested, five dollars. For granting letters testamentary or of administration, and affixing seal thereto, three dollars. Taking bond of executor, administrator or guardian and approving same, two dollars. Adminis-ou tering oath to each executor, administrator or guar-" dian, fifty cents. Taking proof of will or codicil, two dollars and fifty cents. For recording any will, codocil or other paper, for each one hundred words, twentyfive cents. For examining each inventory, bill of sale or account current, filed by an executor, or adminis-! trator, one dollar. Entering the settlement of executors and administrators, twenty-five cents per folio of one hundred words. For all copies of orders, papers and proceedings, twenty-five cents per folio of one hundred words. For each decree limiting the time for exhibiting the claims of creditors, one dollar. For each order of distribution, three dollars. For exemplified copies of records, per folio of one hundred words, twenty-five cents. Making order for publications, fifty cents. Allowing appeal to district court, one dollar and fifty cents. Issuing each writ, sum mons or citation, one dollar and fifty cents. Administering oath and certificate thereof, forty cents. Ad

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Probate

Judge shall receive same fees as Justice of the Peace,

ministering oath to witness, twenty cents. Issuing subpoena, seventy-five cents. Entering each order, decree or judgment not herein enumerated, seventyfive cents. Filing any paper, pertaining to any estate, fifteen cents. Granting letters of guardianship or trusteeship, two dollars. Taking and approving any bond; not herein before specified, one dollar. Revok ing letters testamentary of administration, guardianship or trusteeship, two dollars. Administering oath to jury, thirty cents. Taking acknowledgments of interests, seventy-five cents. Issuing venire for jury, seventy-five cents. Entering verdict, fifty cents. Allowing or disallowing demands against an estate, forty cents. Entering order of continuance, fifty cents. Decree for settling estate, five dollars. For each hearing on petition for partition of real estates, or sale: of real estate, three dollars. For making and entering each order [for] the sale of personal property, one dollar. For making and entering each order or decree for the sale or partition of real estate, two dollars and fifty cents. For solemnizing marriages, five dollars.

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SEC. 15. For all cases in which a probate judge. shall perform the duties of a justice of the peace, he shall receive the same fees as are provided by law to be paid to justices of the peace for like services. In all cases, instituted or brought in the probate court of any county, the judge of such court shall be entitled Docket foo, to a docket fee of five dollars; and in all cases in which the final hearing or trial of any cause shall consume more than one day, the judge of such court shall Per diem of be entitled to an additional sum of five dollars for each day after the first day occupied in such hearing or trial, to be taxed as costs against the unsuccessfull party.

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SEC. 16.

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COUNTY COMMISSIONERS' FEES.

That the County Commissioners of the several counties of this Territory be allowed five dol lars per day, for each day spent in the performance of their respective duties and no more. Approved February 10th, 1865.

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TO AUTHORIZE THE COUNTY COMMISSIONERS OF THE SEV-
ERAL COUNTIES IN COLORADO TERRITORY TO PROCURE
COPIES OF THE ORIGINAL FIELD NOTES, AND PLATS OF
SURVEYS OF ALL LANDS SURVEYED IN THEIR RESPECT-
IVE COUNTIES.99

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

99.

Commis

69

sioners may copies of

procure

SEC. 1. The County Commissioners of each County County in Colorado Territory, are hereby authorized and empowered, whenever they shall deem it expedient and necessary, to employ some competent person, at the expense of the county, to make copies of the original field notes and platts [plats] of surveys of all lands surveyed or hereafter to be surveyed, by the officers appointed by the general government within their re spective counties,

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SEO. 2. The said commissioners shall procure the necessary books in which such copies shall be made, and stationery for the purpose aforesaid, and shall, by contract or otherwise, fix the compensation of the per- Shall emson employed to procure and make such copies of said petent field notes and platts: [plats], to be paid out of the copy. county treasury, in the same manner as other expenses are paid,

SEC. 3. The said. copies of such field notes and platts [plats], when so made, shall be filed in the office shall be of the county clerk of the proper county, and shall fled. thereafter be a part of ;he public records of said county. bot

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

Approved, February 9, 1865.

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Be it enacted by the Council and House of Representaives of Colorado Territory

SEC. 1. It shall be the duty of the Probate Judge

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Probate

Judge shall appoint.

Term o office.

Shall take oath.

Shall give bonds.

Duties.

Penalty for false marking.

County commis

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sioners may remove.

in each and every county in this territory, to appoint one or more suitable persons, who shall act as Flour Inspector, within the county where they reside, and shall hold their term of office for one year, or until their successors are appointed and qualified, unless sooner removed from office as provided in this act. But not more than one such person shall be appointed in any city, town, or township.

SEC, 2. It shall be the duty of the person so appointed, before entering upon the duties of his office, to take oath of office prescribed by law, and he shall also give bonds to the territory of Colorado in the penal sum of two thousand dollars, with two or more good sureties, to be approved by the county commissioners, conditioned that he will faithfully perform the duties of his office.

SEC. 3. It shall be the duty of the Flour Inspector so appointed, on application of any person owning flour or having the same in charge, to proceed to the place where the flour may be, and at once to inspect the same, and after inspection, mark upon the sack, package, bag or barrel containing the same its character, whether fine, superfine, extra superfine, scratched or condemed, and one inspection of any flour will pass the same through every county in the Territory.

SEC. 4. If any Flour Inspector shall inspect and mark any sack, bag, package or barrel of flour whereby said mark shall indicate a different grade of flour from that contained therein, he shall be guilty of a misdemeanor, and for each and every sack, bag, package or barrel so marked, he shall forfeit and pay the sum of twenty-five dollars, which shall go to the school fund of the county, to be recovered by action of debt instituted in the name of the county in which the offense was committed, in any court of competent jurisdiction, and in case of proof of the incompetency of any person appointed to said office of Flour Inspector before the board of county commissioners, if the said board is satisfied of such incompetency, it shall be their duty to remove such incompetent person from the said office of Flour Inspector.

SEC. 5. If any person shall sell any sack, bag, barPenalty for rel or package of flour weighing forty-eight pounds or more without the inspectors mark thereon, he shall be subject to the same penalty as that prescribed in the

seiling flour withcut brand.

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