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ploy work mon, eto.

May omal authorized and empowered to employ such workmen,

agents, and other persons as may be necessary to establish and put into operation such poor house, and to provide and appoint a physician to attend upon those who may fall sick.

SEC. 14. The title to all property, authorized to be Title of acquired by this act for the purpose of said poor house land to be shall be made to the county.

SEC. 15. This act shall take effect and be in force from and after its approval by the Governor.

made to soudty.

Approved February 10th, 1865.

Powder houses, ho erocted.

AN ACT
IN RELATION TO POWDER HOUSES AND MAGAZINES,
Be it enacted by the Council and House of Representatives

of Colorado Territory :

Sec. I. That whenever any person or company desires to erect and build a powder house or magazine for the purpose of storing therein gun powder, blasting powder, fuse, and the like explosive and combustible materials, such person or company shall have the exclusive right and control, except as against the Uuited States, of and to one acre of any land for that purpose, not occupied by any prior incumbencer [incumbrancer] claiming a right thereto, and such person or company may build any such powder house or magazine thereon and no other person or company shall have the right to occupy any portion of the said one acre of land for any purpose whatever, except by consent of the person or company erecting and building such powder house or Magazine.

Sec. 2. Any person or company claiming a tract of land not exceeding one acre, for the purpose ex

pressed in the foregoing section, shall employ the yoyor shall county surveyor of the county wherein such tract of

land is situated, to niake a survey of the same and a flat thereof, which said plat when filed for record in the office of the county recorder of the proper county shall be taken as evidence of the right of the person or company thereto, for whose benefit the said survey is made.

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PROBATE COURTS.

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1. Sec. 3. That powder houses now within the corporate limits of any city or town shall be subject to Sublent to such ordinances as are now passed or may be passed the moon, regulating the same. : Sec. 4. All tracts of land claimed under the provisions of this act shall be in the form of a square, Form of and any powder house erected thereon shall not be tract. located more than sixty feet from the centre thereof.

Sec. 5. The provisions of this act shall apply only * to public bonds [lands] belonging to the United States pabilind

To apply to and claims made for the purpose of establishing powder houses and magazines as aforesaid, shall exist only for the purposes aforesaid, and shall be used only for such purposes and all right and interest of the claimants and

therein shall cease and determine whenever the build. {ing or buildings thereon shall not be used for storing

explosive material. - Sec. 6. No corporation, company, firm, association or individual shall hold more than one tract of land, under the provisions of this act, in any one aglama mining district, nor shall any person or persons hold-ing any tract of land to be used by any corporation,

company, association, firm or individual shall hold another tract of land in their own right, under the provisions of this act.

Approved February 10th, 1865.

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AN AUT.
AN ACT

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TO AMEND AN ACT ENTITLED “An Act CONCERNING op PROBATE COURTS AND JUSTICES OF THE PEACE IN *$CERTAIN GOUNTIES, APPROVED MARCH 11TH, 1864,"

Terms of

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

Sec. 1. That there shall be six terms of the Probate Court in each of the several counties of this territory, in each year, commencing on the first Mon- probato days in the months of February, April, June, August, October and December in each year.

SEC. 2. That hereafter the several Courts of Probate in the several counties in this Territory shall not have or exersize [exercise jurisdiction as courts of chancery or as courts of equity, except in matters re.

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lating to the estates of deceased persons, and except Shall not in cases where a bill for discovery may be filed for the have jurie

purpose of obtaining evidence to be used upon the trial of an action pending in any probate court.

SEC, 3.' The several probate courts in the several counties of this territory, except the county of Gilpin

shall have jurisdiction in all actions, suits and proceedHuits for

ings at law brought for the recovery of money, not monog, - exceeding in amount the sum of two thousand dollars,

and in alĩ actions, suits and proceedings at law, brought or instituted for the recovery of or concerning prop. erty, real or personal, not exceeding in value the sum

of two thousand dollars, and they shall not have juris?

diction in any other actions, suits or proceedings
whatsoever.
7: Sec. 4. Either 'party, or one or more of several
plaintiffs or defendants, may appeal from the final
judgment or decision of the probate court to the dis-

trict court of the county in which such probate court allowed. may be located, or if such county shall be attached to

another for judicial purposes, then to the district court of the county to which 'such county shall be so attached, upon giving bond within such time-not less than five days after such judgement [judgment) or decision shall be rendered -as may be fixed by the probate court, with security to be approved by the probate court, and conditioned as hereinafter provided.

SEC. 5. If the judgement (judgment] or decision of the probate court shall be for the payment of money, the appeal-bond shall be in double the amount

of such judgment and costs, and conditioned for the · payment of whatever judgement may be rendered against the appellant in such action by the District court, and all costs which have accrued er may accrue in such action. If the judgment or decision of the probate court shall not be for the payment of money, the appeal-bond shall be in suci sum as the probate court shall deem sufficient and may require; and conditioned that the appellant will abide, fulfill and perform whatever judgment may be rendered against him in that action by the District court, and for the payment of all damages which the opposite , party may sustain by reason of such appeal, and the delay incident théreto, and for the payment of costs.

Sec, 6. The plaintiff in the probate court shall be plaintiff in the district court and the trial of causes appealed from probate courts in district courts shall be

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PROBATE COURLS.

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in denovo, and shall be conducted in the same manner Causo in as if such cases had originally been brought in such court. district courts. Provided, That no exception shall be taken, or allowed, to the form of the process issued from the probate court, or the manner of serving the same, lion, whon. if the party or parties taking such exception entered his, her or their appearance in the probate court.

SEC, 7, Appeals from the judgments and decisions, of the probate courts to district courts shall be prayed Appoal

within three for within three days after the entry of the judgment day... or decision from which the appeal is taken, and it shall not be necessary in any action, suit or proceeding appealed to the district court to summon the appellee or appellees to appear in such district court, but such appellee er appellees shall be taken and held to have notice of such appeal in the same manner as he or they had notice of the pendency of the suit in the probate court, Provided, That no cause appealed as aforesaid shall be tried at any term of the district court unless the papers in such cause shall have been Paporo alod! filed in such court at least ten days prior to such term, prior to except the parties shall consent to proceed to trial.

SEC. 8. Appeals and writs of error shall be allowed and may be taken from the final judgment and des

4 . Appoaled to cision of the district courts rendered in actions, ap- pupreme pealed from probate courts to the supreme court as in other cases.

SEC. 9. The Judges of the probate courts, in the several counties in this territory. in their respective counties, shall have power to grant writs of injunction in all cases, in like manner and with the same effect Probate as now provided by law respecting the granting of power. writs of injunction by the Judges of district courts, Poses but they shall not have power to disolve [dissolve] sada such injunctions except in cases where the cause may be pending in the probate court, as provided in section two of this act.

Sec. 10. It shall be lawful for the Probate Judges in the several counties to perform the duties imposed by the act to which this act is amendatory upon.county clerks, whenever they shall elect so to do, and they act as alerk shall receive the same fees for performing such duties as are provided to be paid county clerks for the same,

Sec. 11. Whenever the Probate Judge shall perform the duties of Clerk of his Court, all process issued, Proobin from such court shall be issued by and in the name of issued.. the Judge thereof,

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county.

"Sec. 12. The provisions of this act, and of the act Arapuheo to which this act is amendatory, as the same are mod.

ified by this act, so far as the same relate to probate qocar courts, shall be and the same are hereby extended to

"and declared to be operative within the county of Arapahoe.

Sec. 13. That section fourteen, and all other parts

and portions of the act to which this act is amendamitory, which are in confiict with the provisions of this Repvaliog act, and section five of an act entitled "an act supple

mentary 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, appproved March 5th, 1864; and all acts and parts of acts, in conflict with this act, be and the same are hereby repealed.

SEC, 14. This act shall take effect and be in force from and after the passage thereof.

Approved February 8th, 1865.

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GE}: AMENDATORY OF AN ACT REGULATING THE MODE OF PRO

CEEDING IN REPLEVIN, APPROVED MARCH TA! 3D., 1864."

Be it enacted by the Council and House of Representatives

of Calorado Territory :

c Sec. 1, That in those counties in which the juris:

*** diction of Justices of the Peace has been or shall herejusticos of after be extended so as to authorize actions to be roplevin.olc brought before such Justices, where the amount in

controversy does not exceed three hundred dollars, Justices of the Peace shall have jurisdiction in all actions of replevin where the value of the property in controversy does not exceed the sum of three hundred dollars,

SEC. 2. That in those counties in which the juris. kawen und diction of Probate Courts have been or shall hereafter

be extended so as to authorize actions to be brought in such Probate Courts where the amount in contro

versy does not exceed two thousand dollars, Probate courts, ro, plevid, ito." Courts shall have jurisdiction in actions of Replevin,

where the value of the property in controversy doesnot exceed two thousand dollars.

Probato

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