last preceding section, to be recovered in the same manner, and the money so recovered to be paid into the school fund as provided in section four. ! 71 shifting or SEC. 6. If any person in possession or having controll [control] of any sack, bag, package or barrel of flour with the inspector's mark thereon, shall wrongfelly, wilfully and corrnptly change or shift said flour Penalty for from the sack, bag, package or barrel and put therein changing. other flour different from that indicated by the Inspector's mark thereon and sell the same, he shall be guilty of a misdemeanor and for each and every sack, bag, package or barrel of flour so shifted or changed as aforesaid, he shall forfeit and pay the sum of twentyfive dollars.. Fees of SEC. 7. The Inspector shall receive the sum of ten cents for each and every sack, bag, package or barrel inspector. of flour by him inspected and marked for the first one hundred in any one lot; for over one hundred and under three hundred in any one lot, theum of seven cents for each sack, bag, package or barrel of flour so inspected and marked; and for all over three hundred in any one lot, the sum of five cents for each sack, bag, package or barrel of flour so inspected or marked, to be paid by the person or persons making the applica- paid. tion. SEC. 8. This act shall take effect and be in force from and after its passage, except section 5, thereof, which said section shall take effect and be in force on and after the first day of April, A. D., 1865. Approved February 8th, 1865. By whom AN ACT. TO PREVENT GAMBLERS OR KEEPERS OF GAMBLING Be it enacted by the Council and House of Representatives of Colorado Territory: not eligible SEC. 1. That no person shall be eligible as a juror Gamblers in any court in this territory who is a known profes- jurora, sianal gambler, or who keeps a house, room, saloon or other place in which gambling is carried on, 10 Approved February 10th, 1865, Gambling) in Denver regulated by city council. City coun cil may license. A BILL 179 f. FOR AN ACT LIMITING THE OPERATION OF AN ACT ENTI- Be it enacted by the Council and House of Representatives of Colorado Territory : SEC. 1. That the provisions of an act entitled "An Act to suppress Gambling and Gambling Honses," approved March second (2nd), in the year eighteen hundred and sixty-four (1864), shall not be operative in the City of Denver, and that all matters relating thereto shall be controlled and regulated the same as before the passage of said act, by the ordinances of the Council of the City of Denver under the provisions of the charter of said city. SEC. 2. That so much, of section thirty-one (81) of an act entitled "An Act to Incorporate the City of Denver, approved March eleventh 11th), in the year eighteen hundred and sixty-four (1864)," as prohibits the City Council of the City of Denver from licensing gambling houses, is hereby repealed. Approved February 9th, 1864. AN ACTS 12') # MO!! To AMEND AN ACT ENTI LED "AN ACT CONCERNING Be it enacted by the Council and House of Representatives of Colorado Territory: SEC. 1. That section nine of an act entitled "An Act concerning judgements [judgments and execu tions, approved November 4th, 1861," shall be and the JUDGMENTS, same is hereby amended by striking out the words. "and his personal property" in the third and fourth. line from the top of said section. SEO. 2. All current gold and silver coin, bank bills and other evidence of debt used or circulated, or intended to be used or circulated as money, and issued by any corporation or State, or by the United States, may be levied upon under any execution or writ of attachment as other personal property is levied upon or attached, and shall be returned by the oficer [offi cer] making such levy as so much money collected without sale. 7 SEC. 3 That rights and shares of stock in any incorporated company, owned or held by any defend ent [defendant] in execution, or by any person in trust for or to the use of any defendent [defendant] in exe cution, may be levied upon under any execution or writ of attachment, and may be sold under any execution, in the manner hereinafter provided. 7 SEC, 4. When any execution or writ of attachment shall be issued against any person being the owner of any shares or stock in, any incorporated company or for whom or to whose use any shares or stock in any incorporated company are held by any person other than such defendent [defendant], it shall be the duty of the President, Cashier, Secretary or Chief Clerk of such incorporated company, upon the request of the officer having such execution or writ of attachment, to furnish him a certificate under his hand stating the Who shall number of rights or shares which the defendant holds, certificate. or which are held in trust for such defendent [défendantor to his use, in the stock of such incorporated company holl furnish SEC. 5. Any officer, upon obtaining information in the manner provided in the last section or otherwise, that a defendent [defendant] in any execution or writ of attachment held by him, owns or holds any rights or shares in the stock of any incorporated company, or that such rights or shares are owned or held by any other person in trust for, or to the use of such defendent [defendant], may make a levy of such execution or Execution writ of attachment on such rights or shares, by leaving a true copy of such writ with the President, Secretary, Cashier or Chief Clerk of such incorporated company and if there be no such officer then with some other offi eer of such incorporated company, with a certificate of the officer making the levy setting forth that he how levied. levies upon and takes in execution or attachment, such rights or shares to satisfy such execution or attachment, SEC. 6. Rights or shares in the stock of any incorporated company levied upon by virtue of any writ of attachment shall be held subject to the judgement [judgment] rendered in the action in which such writ is issued, and whenever any execution shall be levied shares may upon any such rights or shares the same shall be sold in like manner as personal property is, by existing law, provided to be sold. Rights or be sold, how. SEC. 7. It shall be the duty of every officer who shall sell any rights or shares of stock in any incorporated company, under an execution, to execute to the Oficer shall purchaser thereof a certificate in writing, reciting make certificate. Purchaser deemed the the sale and payment of the consideration, and conveying to the purchaser such rights and shares, and such officer shall also leave, with the President, Secretary, Cashier or Chief Clerk, or if there be none, with any other officer of such incorporated company, a true copy of such certificate, and thereupon it shall be the duty of the officer, clerk, or other person having charge of the books of such incorporated company to make such entries in the books of such company, as may be necessary to vest the legal and equitable litle [title] to such rights or shares of stock in the purchaser of the same. SEC. 8. Every purchaser of rights or shares of stock in any incorporated company, at any sale thereof made by any officer, upon receiving a certificate of the sale thereof as provided in the last section, shall be deemed and held to be the legal and equitable owner legal owner of such rights or shares of stock, and he shall be and become entitled to all dividends thereon, and to the same rights and privileges as a member of such incorporated company as the defendant in executien was theretofore entitled to, notwithstanding such rights and shares of stock may not have been transferred upon the books of such company. SEC. 9. Every interest in land, legal and equitable, shall be subject to levy and sale under execution, and the claim or possessory right of any defendent [defendant] in execution, in or to any public lands, may be levied upon and sold under execution, in the same manner as if the same were held by such defendent [defendant] in fee simple; Provided, that nothing in this act contained shall be so construed as to give any . JURORS. $75 not subject plaintiff in execution the right to levy on any land Homestead filed on by any person, in the land office of the Colo- to levy. rado land district and occupied as a homestead by the defendent [defendant] in execution. SEC. 10. This act shall take effect and be in force from and after the passage thereof, Approved February 8th, 1865. AN ACT TO PROVIDE FOR SUMMONING JURORS IN CERTAIN COUN- Be it enacted by the Council and House of Representatives of Colorado Territory: court shall how. SEC. 1. That in all cases where two or more counties are attached for judicial purposes, it shall be the duty of the Judge of the District Court of the counties Judge of so attached, at least forty-five days prior to each and district every term of court by law required to be held in apportion either of such counties, to apportion the grand aud petit jurors required by law to be summoned, to to attend at such term among the several counties so attached, respectively, having reference to the population of the several counties so attached, respectively, and to transmit to the county clerks of the several counties, respectively, a statement under his hand of the number of grand and petit jurors which will be required to be summoned in each of the several counties according to such apportionment. clerk shall commis SEC. 2. It shall be the duty of the county clerk, upon receiving the statement or apportionment men- County tioned in section one of this act, to notify the county notify. commissioners of his county thereof, and the county commissioners shall, at least twenty-five days prior to County the term of court mentioned in such statement or sioners shall apportionment, proceed to select the number of grand select jurors and petit jurors required to be summoned from such county, in the way and manner provided for by law for selecting jurors, and the jurors so selected shall be Jurors, how summoned by the officers and in the and manner way provided by existing law, to attend at the term of court mentioned in such statement, at the time when and the place where such term is held, and when so summoned they shall attend at such term notwith summoned, |