SEC. 2. Previous to the commencement of any trial before a Justice of the Peace in said county of Las Animas, the defendant, his or her agent, may make oath that it is the belief of such deponent that the defendant cannot have a fair and impartial trial before such Justice, whereupon it shall be the duty of the Justice immediately to transmit all the papers and documents belonging to the suit to the nearest Justice of the Peace, who shall proceed as if the said suit had been instituted before him. SEC. 3. All acts and parts of acts in conflict with this act are hereby repealed. SEC. 4. This act to take effect and be in force from and after its passage. Approved February 13th, 1874. AN ACT Concerning Practice in Courts of Record. Be it enacted by the Council and House of Representatives of Colorado Territory, Hereafter in actions on the case and in actions of trespass, the declaration of the plaintiff shall be held good if it show such facts as would constitute a good cause of action in either of said actions, and the defendant shall plead thereto, and the court shall make such order as to amendments in the form of such declaration as shall give effect to the substance of the allegations thereof, and may permit the writ to be amended accordingly. and bills. SEC. 2. In all actions in assumpsit, upon promis- Actions on notes sory notes and bills of exchange, the plaintiff may declare directly upon the instrument sued on. Approved February 13th, 1874. Appropriation for printing. AN ACT To Provide for the Printing of the Acts of the Legislative Assembly of Colorado Territory for the year 1874, in the Spanish Language. Be it enacted by the Council and House of Representatives of Colorado Territory, That the Secretary of the Territory be and he is hereby authorized to have published two hundred and fifty copies of the acts of the Legislative Assembly for the year 1874 in the Spanish language, for the use of those citizens of Colorado Territory who speak the Spanish language. SEC. 2. That the laws so published shall be distributed by the Territorial Secretary as follows: To Costilla county, fifty copies; to Conejos county, fifty copies; to Las Animas county, fifty-five copies; to Saguache county, twenty copies; to Huerfano county, fifty copies; the remaining twenty-five copies to be retained by the Secretary for the future use of such members of the Legislative Assembly as speak the Spanish language. SEC. 3. That there be, and there is hereby appropriated from the Territorial treasury, out of any money's not otherwise appropriated, the Sum of fif teen hundred dollars, or so much thereof as may be necessary to defray the expenses of publishing the said laws in the Spanish language. SEC. 4. That the Auditor of the Territory be, and he is hereby authorized and directed, on the comple tion of said work, to audit and allow such account for such service, as shall have been approved by the Secretary of the Territory, and not exceeding the amount herein appropriated, and draw his warrants therefor upon the Treasurer. SEC. 5. This act shall take effect and be in force from and after its passage. Approved February 13th, 1874. AN ACT To Amend Chapter seventy-one (71) of the Revised Stat- Jurisdiction Be it enacted by the Council and House of Representatives of Colorado Territory, The Probate Court of extended. Clear Creek, Park, Summit, Lake [and] Weld counties, in this Territory, shall hereafter have concurrent jurisdiction with the District Courts of this Territory, in all actions, suits, and proceedings whatsoever, as well at law as in equity, when the debt or sum claimed shall not exceed the sum of two thousand dollars (2,000), and also in all suits and proceedings for the enforcement and foreclosure of miners' and mechanics' liens, when the amount for which any lien sought to be enforced shall not exceed the sum of two thousand dollars; and of all proceedings for the sale of the real estate of any ward on appli cation of his or her guardian, as provided in chapter fifty-one of the Revised Statutes of this Territory. SEC. 2. The terms of said Probate Court for busi- Terms of court. ness arising under provisions of this act and the acts to which this is amendatory, shall be commenced and held on the first Mondays of February, April, June, August, October and December of each year, and continue open until the business thereof shall be disposed of. damages. SEC. 3. In all cases in any of said Probate Courts Assessment of where any interlocutory judgment shall be given in any action upon a penal bond, or upon any instrument of writing for payment of money only, and the damages rest in computation, the court may proceed to assess the damages and enter final judgment therefor, without writ of inquiry and withott impanel. ing a jury for that purpose; and in all other cases where judgment shall be rendered or failure to plead When a jury may be summoned. Costs. by default, the said court may hear the plaintiff's evidence and assess the damages without the intervention of a jury, unless a jury shall be demanded by either party, and may enter final judgment for the amount so assessed and found to be due. All issues of fact in said Probate Courts shall be tried by a jury of six men, unless both parties waive a trial by jury, in which case the same may be tried by the court. When it shall be necessary to try the issues, and a jury shall not be waived, the court may issue a venire for a sufficient number of jurors, directed to the Sheriff of the proper county,returnable forthwith, or at any other time to be designated by the court, not more than ten days after the date of such venire, and the cost of the issuance and service of such venire and the fees and the attendance of the jurors so summoned shall be charged to and paid by the proper county, and for every trial by jury, whether they agree upon a verdict or not, the court when rendering final judgment in such cause shall tax up as costs against whom the judgment is rendered, the sum of ten (10) dollars for every such trial, and the same shall be included as part of the costs in the judgment so rendered. And it shall be the duty of the court, if the same be not paid immediately, to issue execution for the same, if the same can be collected, and when collected the same shall be paid over by the Probate Judge to the County Treasurer of the proper county, who shall give a receipt for the same. SEC. 4. If at any time before the calling of the cause for trial, and before any venire shall have issued, either party shall demand a trial by a jury of When a jury of twelve (12) men, a jury of twelve (12) men shall be summoned. summoned and impaneled, but the party demanding the same shall be required to advance and pay into said court the sum of twenty dollars at the time of making such demand, and the money so Twelve shall be paid shall be paid by the said Probate Judge to the Treasurer of the proper county as aforesaid; and if the party demanding a jury of twelve (12) men shall recover judgment against the opposite party, he shall be entitled to recover as part of his costs the said sum of twenty dollars, but in no case shall the said County Treasurer be required to repay or refund the same. And the fees of said jurors and the expense of summoning the same,. shall be charged to and paid by the proper county. SEC. 5. Each party shall be entitled to perempto-Challenges, rily challenge three jurors and no more; Provided, That when there shall be more than one person plaintiff or defendant, or both, this section shall not be so construed as to allow each person to peremptorily challenge three jurors; but it shall be so construed that no more than three peremptory challenges shall be allowed to each side. SEC. 6. Chapter nineteen (19) of the Revised Stat. utes of Colorado so far as this is applicable shall be deemed and held to apply to said Probate Courts. SEC. 7. All appeals from Justices of the Peace and Appenis, from the police courts of Clear Creek county shall be allowed and taken to the Probate Court of said county in like manner and under same regulations and restrictions as provided by law for taking appeals to the District Courts of this Territory. And all cases so appealed shall be heard and determined in like manner as in the District Court, and all appeal bonds shall be conditioned the same as appeal bonds required in cases heretofore appealed to the District Court. In no case shall appeals be taken to the District Court except when the Probate Judge shall be a party. The Probate Judge of said county shall not have jurisdiction as a Justice of the Peace, but in all cases when judgments heretofore rendered by said Probate Judge acting as Justice of the Peace, and such judgments have not been satisfied, the Probate Judge of said county may issue executions in |