be approved by the county clerk, and in addition, such justice shall take and subscribe the oath of office elsewhere provided by law, which oath shall be indorsed on his official bond, which bond shall be filed with the county clerk. SEC. 2. The words "have given bond and received commission under the provisions of this act," in the first and second line of the third section of the act entitled " An act concerning justices of the peace and constables," are hereby stricken out, and the words "been duly qualified according to law" are hereby inserted in lieu thereof. SEC. 3. Upon a change of venue being had, or an appeal being taken, the justice may issue a fee bill against either party for the costs made by such party. SEC. 4. That section one be amended by adding the following as the fifteenth sub-division of said section: "Fifteenth, In all actions of trespass to mining claims or other real property, in which the amount claimed does not exceed one hundred dollars." SEC. 5. That section six of said act be amended by the insertion between the words "trial" and "being" in the second line of said section "or after the lapse of one hour from the time fixed for trial." The following to be added to the end of section twenty-nine, (29): SEC. 6. "And in all cases of jury trial before a justice of the peace, each party shall be entitled to three peremptory challenges.' SEC. 7. In section thirty-one," (31) insert between the words "justice" and "immediately," in the sixth line, the following words: "upon the payment of his fees for a change of venue only." SEC. 8. That section thirty-three of said act be stricken out, and insert the following: "Executions in justices' courts may be issued immediately after rendition of judgment. SEC. 9. In fourth line of section thirty-eight, strike out the word "twenty" and insert "ten," and add to the end of said section "and pay the costs of granting the appeal only." SEC. 10. That suit shall be commenced before justices, in the township in which the debtor or person sued resides, unless the cause of action occurred in the township in which the plaintiff resides, in which case the suit may be commenced where the cause of action accrued or is specifically made payable. SEC. 11. If no justice of the peace shall reside in the township in which the defendant resides, or in which the township suit may be brought, when. Plaintiffs may be allowed change of venue. Justices of the peace shall reside and hold offfice in his township etc. cause of action accrued, the suit shall be brought before the justice of the peace nearest to the residence of such debtor within the county. SEC. 12. Plaintiffs shall in all cases be allowed a change of venue, in the same manner as is now provided by law for defendants. SEC. 13. Each and every justice of the peace shall reside and hold his office in the township or precinct in and for which he was elected. Approved Aug. 15th, 1862. Who shall procure license. Saloon, hotel keepers, etc., shall not retail liquors license. AN ACT TO AMEND AN ACT CONCERNING Licenses. Be it enacted by the Council and House of Representatives of Colorado Territory: SEC. 1. That section one of the license law be amended so as to read as follows: "No auctioneer, peddler or other person or persons, company or corporation, shall be permitted to sell, vend or retail either at private or public sales any goods, wares, or merchandise, without having first obtained a license for that purpose, as hereinafter provided: Provided, However, that the provisions of this section shall not extend to any person or persons selling produce, provisions or mining tools." SEC. 2. Every person not having a legal license to keep a saloon, hotel, public house, or grocery, who shall barter, etc., without sell, exchange or otherwise dispose of for his gain or benefit, any vinous, spiritous or mixed liquors, in less quantities than one quart, or shall permit the same to be done on his or her premises, for his or her benefit or gain, shall forfeit and pay the sum of twenty dollars for each offense, together with costs of suit, one half to any person who shall give information, the other half to be paid into the county treasury. Informer to receive half of penalty. SEC. 3. All acts and parts of acts inconsistent with the above act are hereby repealed. Approved Aug. 15th, 1862. AN ACT AMENDATORY OF AN ACT ENTITLED "AN ACT CONCERN- Be it enacted by the Council and House of Representatives SEC. 1. That if any person carry on or transact any business or occupation without license therefor, when such license is required by any law of this Territory, he shall on conviction thereof, be fined in a sum not exceeding three hundred dollars, or imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.. any License must by whom. be obtained Act extends shows, etc. to theatres, amusements SEC. 2. This act shall extend to and include all theatres, circusses and shows, where an admission fee is charged for entrance thereto. SEC. 3. No person shall be allowed by virtue of Public such license to open any place of public amusement, such prohibited, as a theatre, circus or show, on the Sabbath or Lord's day; but any person who shall so offend on such day, shall be fined in a sum not less than fifty, nor more than one hundred dollars, for every such offense. Approved August 14th, 1862. when. AN ACT AMENDATORY OF AN ACT ENTITLED "AN ACT GRANTING A LIEN IN FAVOR OF MECHANICS, IN CERTAIN CASES," Be it enacted by the Council and House of Representatives SEC. 1. Any person who may hereafter have a subsisting cause of action to the amount of ten dollars for any labor performed upon any lands, tenements, or hereditaments, or for any materials furnished for any improvements upon any lands, tenements or hereditaments, may at any time within one year next after such cause of action shall have accrued, file his complaint as in other cases, and such complaint shall, in addition to the facts necessary to constitute a cause of action, contain an accurate description and statement of the location of the lands, tenements, or hereditaments upon which the labor was performed, or for the improvements of which the materials were furnished, and shall also allege that Who may chanic's lien. have me Shall fle complaint. What the cnmplaint shall state. Complaint shall constitute lien, when. Sub-contractors, etc. may have lien, when. Must serve notice in writing on defendant. the defendant therein named is the owner of, or has some interest in such lands, tenements, or hereditaments, and that such labor was performed or such materials furnished, pursuant to an agreement, express or implied between the plaintiff and defendant, or his agent; and the said complaint shall, as soon as filed in the office of the clerk of the district court of the proper county, constitute and be a lien upon the property therein described in favor of the plaintiff to the extent of the defendant's title or interest therein. SEC. 2. Where the complaint does not allege that the labor was performed or the materials furnished, pursuant to an agreement with the defendant, but shall allege that the labor was performed or the materials furnished pursuant to an agreement with some contractor therein named, which contractor was employed by the defendant or his agent, and that the plaintiff was employed by said contractor, and had served a notice in writing upon the defendant or his agent, to the effect that he, the plaintiff, was or had been employed by the said contractor to perform labor thereon, or to furnish materials for the improvement of such lands, tenements, or hereditaments, and relied upon him, the defendant, or upon such lands, tenements, or hereditaments, for his pay, then the filing of such complaint shall constitute and be a lien in favor of the plaintiff, the same as provided in the preceding section, to the amount that the defendant was indebted to the said contractor at the time the said notice was served upon him or his agent, and to the amount in which the defendant became indebted to said contractor after service of said notice and before the expiration of the plaintiff's lien: Provided, The amount thus due, or thus becoming due, does not exceed the amount claimed in the Amount for plaintiff's complaint, and upon the trial the plaintiff shall have judgment for no more than the sum due from the defendant to the contractor at the time of serving said notice, and the amount which became due after the service of such notice, and when a lien shall be acquired under this section, it shall be a bar to any action by the said contractor for the recovery of his claim for money due him from said defendant, to the amount of the lien, of contractor until such claim of lien shall be finally decided, and if decided in favor of the plaintiff, then it shall be to that extent a bar forever. which plaintiff may have judgment. Judgment in favor of sub-contractors, etc., a bar to action Plaintiff may proceed to judgment, when. SEC 3. The plaintiff may at any time after filing his complaint as above provided, cause a summons and notice to be served on the defendant, and proceed to judgment, as in other actions, but the lien hereby created shall cease to exist after the expiration of one year from the time the labor was performed, or the materials furnished, unless the summons be issued and served within that time: Provided, That if the defendant be absent or concealed, he may be proceeded against in the same manner as is provided for in other cases of absent or concealed defendants. Lien shall ist, when. cease to ex lien. Upon judg tained, exe ment ob cution may issue. If property described in complaint be SEC. 4. The lien hereby created by the filing of a com- Effect of plaint shall be as effectual as liens created by judgment of courts of record, and if the plaintiff shall recover judgment upon his complaint, the lands, tenements and hereditaments therein described, or any interest therein, either in law or equity, which the defendant had therein at the time of securing such lien, and any interest whatever, either in law or equity, which the defendant shall have acquired therein, after such lien was secured, shall be liable to sale by virtue of any execution issued thereon, and if the property described in such complaint be not sufficient to satisfy such execution, or if the defendant was not the owner, or had not sufficient interest therein, any other property of the defendant not exempted from sale on execution, may be sold to satisfy such execution, and if there shall be judgment in favor of more than one plaintiff against the same defendant, by virtue of a lien acquired under this act on the property of such defendant, be insufficient to satisfy all of said judgments, then said plaintiff [s] shall be paid pro rata according to the amount of their several judgments, and there shall be no priority of right as between the liens pending under the same contract, at the time of rendering the first judgment under said contract. SEC. 5. The district courts of this Territory shall have jurisdiction in all actions and proceedings under this act, whatever may be the amount in controversy, and they are hereby authorized to make all orders and decrees, which may be necessary for the effectual enforcement of the remedies herein provided. SEC. 6. When any person who shall have filed his complaint pursuant to the provisions of this act, shall have received satisfaction for his claim, and the legal costs of his proceedings therein, he shall upon the request of any person interested, and upon the payment or tender of the costs of entering satisfaction therein, within six days. after such payment or tender, enter satisfaction of his demand in the office where his complaint is filed, which shall forever thereafter discharge, defeat and release the not sufficient erty liable. other prop Judgment favor of more plaintiff to be paid pro rendered in than one rata, when. District Courts, only, to have juris diction. Plaintiff shall enter tion, when. up satisfac |