CHAPTER XXIII. COUNTY COURTS. AN ACT TO REPEAL ALL EXISTING LAWS IN RELATION TO THE ORGAN- Be it enacted by the General Assembly of the State of Colorado: 571. SECTION 1. The county courts of the several counties of this state shall, hereafter have concurrent jurisdiction with the district courts in all civil actions, suits and proceedings whatsoever, where the debt, damage or claim, or the value of the property involved shall not exceed two thousand (2000) dollars, except as otherwise provided in this act; Provided, however, that the limit of jurisdiction. above named shall not apply in causes relating to the estates of deceased persons. Jurisdiction. What to be plaints. 572. SEC. 2. In order to give the said courts jurisdiction in any action, suit or proceeding, the complaint or stated in comcomplaints shall state that the value of the property in con-" troversy or the amount involved, for which relief is sought in such action, suit or proceeding, does not exceed the said sum of two thousand (2000) dollars. And in all actions. for divorce, the petition or bill of complaint shall aver that the plaintiff does not ask or seek alimony, in excess of the said sum of two thousand (2000) dollars. 573. SEC. 3. There shall be held annually in each of the counties of Arapahoe, Weld, El Paso, Park, Saguache, Summit and Rio Grande, six terms of the county court, commencing on the first Monday in the months of January, March, May, July, September and November. In each of the remaining counties of the state there shall be held annually four terms of the said court, commencing on the first Monday in the months of March, June, September and December. Terms. clerk. 574. SEC. 4. The judges of the said county courts, Appointment of may each appoint a clerk, whose powers and duties shall be similar to the powers and duties of the clerks of the district courts, and he shall receive such fees and compen form duties of clerk. sation, as is now or hereafter may be provided by law. Judge may per- Or if any of the said judges prefer so to do, they may elect to perform the duties of clerk, and receive the compensation and fees therefor, and in such cases all processes issued from said court, shall be issued by, and in the name of the judge thereof, and under the seal of said court. If any clerk shall be appointed as aforesaid, he shall qualify and give bond as clerks of the district court are required to do, and be subject to the same liabilities as are or may be provided by law, in relation to the clerks of the district Appeals. courts. 575. SEC. 5. Appeals may be taken from all final judgments or decrees of said county courts to the district court of the same county, by any one or more of the parties against whom any such final judgment or decree may have been rendered: Provided, that in cases where such judgment or decree shall have been rendered for the payment of money, the party desiring such appeal shall, within a reaBond to be given Sonable time, to be fixed by the court, give good and sufficient bond with one or more sureties, to be approved by the judge or clerk of the said court, in double the amount of the judgment or decree appealed from, conditioned for the prosecution of the appeal with effect, and without delay, and for the payment of all costs and whatever judgment may be awarded against the party so appealing, on the trial or dismissal of said appeal in the appellate court, and for the payment of the judgment appealed from, in case said appeal shall be dismissed: Provided, further, that if the judgment or decree shall not be for the payment of money, the penalty of the bond shall be in such sum as the county court shall deem sufficient to cover costs, expenses and damages, and be conditioned that the party appealing shall abide, fulful and perform whatever judgment may be rendered against him in that cause 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 the costs. Proceedings in 576. SEC. 6. In all appeals provided for in the foregoappellate court ing section, the proceedings in the appellate court shall be in all respects, de novo. Said appellate court shall consider to be de novo. and pass upon all objections to the pleadings and proceedings in the said cause, which may have been made in the county court, and make such orders and render such judgments or decree as shall be meet and proper, in the same manner as though such cause had been originally begun in said district court; and the defendant where judgment has been rendered by default, shall have a right to plead any and all defenses, which he might have pleaded had the cause been originally brought in the district court; all such causes shall be conducted in the same manner as if originally brought in the district court: Provided, that no exception shall be taken or allowed to the form of the process issued from the county court, or the manner of serving the same, if the party or parties taking such exceptions entered his, her or their appearance in the county court; and, provided, further, that no appeal shall be dismissed on account of a to be dismissed defect, or informality in the appeal bond or the insufficiency insufficiency. thereof, if the appellant or appellants shall, within a reasonable time, to be fixed by the court file a good and sufficient bond. When appeal not for informality or appeal author 577. SEC. 7. Nothing in this act contained shall be In what case no construed to authorize or allow the taking of any appeal ized. to the district court, from any judgment given in the county court, on an appeal from a justice of the peace. In what manner of error to be 578. SEC. 8. Writs of error shall lie from the supreme court, to every final judgment or decree of any of the appeals or writs county courts, and shall be prosecuted and disposed of in presented. the same manner as writs of error to the final judgment or decree of the district court. And in all cases where the final judgment or decree exclusive of the cost shall exceed twenty dollars, the unsuccessful party, if no appeal be taken to the district court as above herein provided, may prosecute an appeal to the supreme court in the same manner in all respects, as appeals are prosecuted from final judgments in the district courts. In the prosecution of writs of error, as aforesaid, any judge of the supreme court may grant an order for a supersedeas in the same manner as in cases of writs of error to the district courts. Changes of venue. When to be taken to 579. SEC. 9. Changes of venue from any of the county courts may be taken for the same causes as provided for district court. Jurors; number and how to be paid. Scal. Powers. changes of venue in the district courts, and the venue in all cases, shall be changed to the county court of any adjacent county, wherein the cause or causes necessitating such change do not exist; Provided, that if no substantial objection is shown to exist thereto, the venue shall be changed to the district court of the same county. 580. SEC. IO. In any action pending before the county court, either party may have a jury summoned to try the same, by advancing fees for the payment of such jurors, and when judgment shall be rendered in favor of the party demanding a trial by jury, such party shall recover the fees paid by him for such jurors, of the adverse party, and have the amount thereof taxed as a part of the costs in the case. The said jury shall consist of such number, not less than three, nor more than twelve, as the party demanding a jury trial may direct; but in all cases where a less number than twelve may be so directed, the adverse party may have the same increased to any number not exceeding twelve, by advancing the additional fees necessary for such increased number; and in no event shall such additional fees he taxed as costs in the case. Should any such jury trial occupy more than one day, the compensation for the jury. for such additional day or days shall be taxed as costs in the case, and abide the event of the suit. Jurors in such cases shall be summoned by an open venire, directed to the sheriff of the county, in pursuance of and in accordance with such orders, rules and regulations as may be hereafter made and adopted by the several courts respectively; and jurors summoned shall be allowed the same compensation as allowed to jurors in the district court. 581. SEC. II. The county commissioners for each and every county wherein no seal has been provided for the county court of such county, shall at once provide a seal for such court; but any court possessing no seal may use a scrawl for a seal, until a seal shall be provided, as aforesaid; and in any case where the county court is using the territorial seal of the probate court, the county commissioners shall provide a new and proper seal. 582. SEC. 12. In addition to the judical powers conferred in the preceeding sections, the said county judges shall have, possess and exercise, within their respective counties, the following powers, to wit: First-Power to administer all oaths or affirmations, concerning any matter or thing before them. Second-To issue and grant letters of administration, letters testamentary, and letters of guardianship, and repeal the same. Third-To take probate of wills and record the same. Fourth-To determine the person or persons entitled to letters of administration, or to letters testamentary, and in general to do and perform all things concerning the granting of letters testamentary, or of administration, or of guardianship. Fifth—To receive, file and record inventories, appraisement bills and sale bills, as is required by the existing laws, or laws hereafter to be enacted. Sixth-To require executors, administrators, and guardians to exhibit and settle their accounts, and to settle for the estates and property in their hands, and for that purpose they may issue citations and attachments into every county in this state, to be executed by the sheriffs of said counties. Seventh-To take and certify acknowledgments and proofs of deeds, and other instruments; to take affidavits, and depositions, and to administer oaths to the same extent and with like effect, as justices of the peace. 583. SEC. 13. SEC. 13. The said county judges shall sit in their respective counties, throughout this state, on the last Monday of every month, and hold what shall be termed the county court, for probate business, and may sit at such other times for the same purpose as they may deem expedient or needful, and continue to sit from time to time, as may be deemed needful or proper. The said judges may issue, or cause to be issued by the clerk of the county court, all process deemed necessary for any purpose, under the seal of the court. All such processes shall bear date when issued. Every county judge shall record, or cause to be recorded, all his proceedings in relation to probate matters, to be entered at length in a book or books, for that purpose Probate matters. |