able, it shall be lawful for the parties to the action on which such process shall have been issued, to sue out, and for the clerk of any court in which such action shall be pending, to issue other process returnable to the term of such court as is provided by this act, and thereafter the suit, action, or proceeding shall proceed as if the same had been originally brought to the term of such court as fixed by this act. Provided further, That in suits commenced by attachment, when the writ shall have been made returnable as aforesaid, a new writ may be issued, returnable to the next term of the court out of which the same shall have been issued, as fixed by this act, and if the same shall not be served upon the defendant or defendants named therein, such defendants shall be notified by publication to appear at the next term of such court as fixed by this act, in the way and manner provided by existing laws, and thereupon the court shall proceed in the same manner as in other suits of the same nature instituted to such term. SEC. 3. All acts or parts of acts, so far as they conlict with this act, are hereby repealed. SEC. 5. This act shall take effect and be in force from and after its passage. Approved January 31st, 1874. AN ACT To repeal an act entitled "An act to authorize the District Courts to allow fees to counsel assigned to prisoners in certain cases." Be it enacted by the Council and House of Representatives of Colorado Territory, That the act of the Legislative Assembly entitled "An act to authorize the District Courts to allow fees to counsel assigned to prisoners in certain cases," approved January 26th, 1872, be and the same is hereby repealed. Approved February 3d, 1874. AN ACT Concerning cases pending in any District Court, the venue of which has been changed thereto. Be it enacted by the Council and House of Representatives of Colorado Territory, Hereafter in any cause, civil or criminal, pending in the District Court of any county of this Territory, the venue of which has been changed thereto from some other county, all the expense incurred by the county in which any such case is tried for and on account thereof, shall be refunded to such county by the county in which such cause was originally instituted. SEC. 2. It is hereby made the duty of the Clerk of such District Court to keep an account as near as may be of all such expenses in any such case, and submit the same for approval to the Judge of said Court, and when approved by said Judge, to certify the same under his hand and the seal of such Court to the Board of County Commissioners of the county in which such cause was originally brought, who shall, at their next session, issue an order for the amount thereof upon the Treasurer of their county, in favor of the Board of County Commissioners of the county in which such cause was tried, in the same manner as county orders are drawn in other cases, and remit the same to the County Clerk of the county in whose favor the same has been issued, who shall keep an account thereof, and when collected, pay the money into the hands of the Treasurer of his county, and the same shall constitute a part of the county funds; but before the remittance of such order as aforesaid, the same shall be presented to the County Treasurer of such county who shall indorse thereon the date of such presentation, and whether there are any funds in his hands with which to pay the same, and the same shall draw the legal rate of interest from such date, and shall be paid out of the county funds. Approved February 6th, 1874. AN ACT To authorize the Courts to summon witnesses from foreign Counties. Be it enacted by the Council and House of Representatives of Colorado Territory, The several District Courts of the Territory shall in all cases, civil as well as criminal, have power to compel the attendance of witnesses residing beyond the county in which the Court is held: Provided, that no subpana shall be issued in any civil cause to any foreign county, except upon the order of the Court in term time, or of the Judge thereof in vacation. And the said order shall not be granted, unless in the opinion of the Court or Judge it shall be necessary that the witness be personally present at the trial. SEC. 4. This act to take effect and be in force from and after its passage. Approved February 13th, 1874. AN ACT Concerning the Prosecution of Crimes and Misdemeanors not Capital or Infamous. Duties of Dis. ap-attorneys. Vol, 4 Be it enacted by the Council and House of Repre sentatives of Colorado Territory, That whenever hereafter it shall be made satisfactorily to pear to the District Attorney or other Attorney pros- S. ro Sheppar ecuting the pleas of the people in pursuance of law, vol. 2 Chiccodeq.. that any person hath committed any crime or mis- 317; at ib, 105. demeanor not capital or infamous, or whenever any People 24. rd, us Su person shall, upon examination before any judge or Vol 6. if 392; other magistrate, have been held to bail to answer unto any indictment or other charge of any such crime, or committed to jail for default of such bail, it shall be the duty of such District Attorney, or Attorney prosecuting the pleas of the people pursuant to law, to file in the District Court of the County wherein such crime or misdemeanor shall be charged to have [been] committed, or in the District Court Proceedings when the to bail. of the County to which such County shall be attached for judicial purposes, his information against the person so charged, wherein shall be set forth the facts which constitute the offense charged, with the same particularity and certainty as now required in an indictment therefor. Every such information shall be signed by the District Attorney or other Attorney prosecuting the pleas of the people pursuant to law, and need not be otherwise authenticated, and such crimes and misdemeanors shall not be enquired or persecuted [prosecuted] by any grand jury. SEC. 2. When the accused person shall have been held to bail to answer to any such charge upon ex accased is held amination had before any magistrate, the District Attorney, or other Attorney prosecuting the pleas of the people pursuant to law, may file such information in vacation, and upon the filing of such information the Judge of the District Court may, in his discretion, direct that a warrant issue for the arrest of the offender, and may direct in what sum bail shall be taken, and thereupon such accused person may give bail as in other cases. Duty of the Court when information is filed in term Lime. When information is filed upon SEC. 3. Upon the filing of such information in term time, the court shall direct that a warrant issue for the arrest of the person or persons therein charged, every such warrant shall be issued, directed, and served, as in other cases. SEC. 4. When the information is filed upon the affidavit of a prosecuting witness, and upon the trial affidavit, court the defendant is acquitted, the court may, in its discretion, adjudge the costs of such proceedings against the prosecuting witness. to adjudge costs Fees of the prosecuting attorney. SEC. 5. The District Attorney, or other Attorney prosecuting the pleas of the people in pursuance of law, shall be allowed the same fees in all cases wherein the presentment is by information, as provided by law, upon indictments. Approved February 13th, 1874. AN ACT In regard to the Liability of Securities for Costs. Be it enacted by the Council and House of Representatives of Colorado Territory, That section twentyone of chapter nineteen (19) of the Revised Statutes be and the same is hereby amended so that the same shall read as follows: The Clerk shall make out a bill of costs as the same have been taxed in any cause against the party liable to pay the same and his security, for costs if any, together with his precept, directed to the sheriff of the proper county, commanding that if the costs in the said bill of costs mentioned be not paid within thirty days after demand made therefor, he cause the same to be levied if the goods and chattels, lands, and tenements of the party so liable therefor, and his security if any named therein. Every such fee bill shall run in the name of the people, shall be under the seal of the Court, and shall be returnable within ninety days. from the date thereof, and the sheriff shall proceed thereon in all things as on a writ of fieri facias. Approved February 13th, 1874. AN ACT To amend Division Six (6) Chapter Twenty-Two (22) of the Revised Statutes of Colorado Territory, entitled Criminal Code. vided for wilinju destroying prop Be it enacted by the Council and House of Representatives of Colorado Territory, If any person shall wil- Penalty profully and maliciously kill, cripple or injure any horse, fully inin ing mare or gelding, or any bull, cow, steer, heifer, or calf, erty of bercers. or any mule or sheep, or shall maliciously run down or drive from its usual range any animal above mentioned, or shall scatter or drive from their usual range any flock or herd of sheep, or any herd or |