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May employ workmen, etc.

Title of

land to be made to county.;

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 acquired by this act for the purpose of said poor house 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.

Approved February 10th, 1865.

Powder

erected.

AN ACT

IN RELATION TO POWDER HOUSES AND MAGAZINES,

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

SEC. 1. That whenever any person or company desires to erect and build a powder house or magazine houses, how 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.

Persons ereeting

survey.

SEC. 2. Any person or company claiming a tract of land not exceeding one acre, for the purpose exConaty ur- pressed in the foregoing section, shall employ the veyor shall county surveyor of the county wherein such tract of land is situated, to make 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.

Plat to be fled.

PROBATE COURTS.

897

SEC. 3. That powder houses now within the corporate limits of any city or town shall be subject to Subject to such ordinances as are now passed or may be passed ordinances, 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.

YOU PLA

To apply to

SEC. 5. The provisions of this act shall apply only to public bonds [lands] belonging to the United States pubile and 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 Right to therein shall cease and determine whenever the building or buildings thereon shall not be used for storing explosive material.

one tract.

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 Hold mining district, nor shall any person or persons holding 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.

AN ACT

To AMEND AN ACT ENTITLED "AN ACT CONCERNING
PROBATE COURTS AND JUSTICES OF [THE] PEACE IN
CERTAIN COUNTIES, APPROVED MARCH 11TH, 1864,"

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

Terms of

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- probate 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

court.

Shall not

have juris

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lating to the estates of deceased persons, and except in cases where a bill for discovery may be filed for the diction, purpose of obtaining evidence to be used upon the trial of an action pending in any probate court.

Buits for money.

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 proceedings at law brought for the recovery of money, not exceeding in amount the sum of two thousand dollars, hand in all 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.

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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 district court of the county in which such probate court 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 decis ion 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 or 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 such 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 thereto, and for the payment of costs.

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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

PROBATE COURLS.

District

in denovo, and shall be conducted in the same manner Cause 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 No excep the probate court, or the manner of serving the same, on, when, if the party or parties taking such exception entered his, her or their appearance in the probate court.

within three

SEC. 7. Appeals from the judgments and decisions, of the probate courts to district courts shall be prayed Appeal for within three days after the entry of the judgment da 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 pro-. bate court, Provided, That no 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 filed in such court at least ten days prior to such term, except the parties shall consent to proceed to trial.

SEC. 8. Appeals and writs of error shall be allowed

Papers filed

ten days

prior to

term.

and may be taken from the final judgment and der Appealed to

court.

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

courts'

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, but they shall not have power to disolve [dissolve] such injunctions except in cases where the cause may be pending in the probate court, as provided in section two of this act.

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Judge may

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 clerk 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, Proce from such court shall be issued by and in the name of the Judge thereof,

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issued.

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Arapahoe dounty.

elause,

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SEC. 12. The provisions of this act, and of the act to which this act is amendatory, as the same are modified by this act, so far as the same relate to probate 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 amendatory, which are in confiict with the provisions of this Repealing act, and section five of 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, 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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JAC

Justices of the Peace,

AN ACT.

AMENDATORY OF AN ACT REGULATING THE MODE OF PROCEEDING IN REPLEVIN, APPROVED MARCH THE 3D., 1864."

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

SEC. 1. That in those counties in which the jurisdiction of Justices of the Peace has been or shall hereafter be extended so as to authorize actions to be replevin, te 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 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 controversy does not exceed two thousand dollars, Probate plevin, te. Courts shall have jurisdiction in actions of Replevin, where the value of the property in controversy does not exceed two thousand dollars.

Probate

courts, re

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