FENCES. teenth (15), and sixteenth (16) line of section thirtytwo (32) of said act are hereby stricken out and shall hereafter be of no effect. 61 Act of Nov. amended. 6th, 1861, SEC. 2. The words "and Members of the Council and House of Representatives" are hereby inserted in the fifteenth line of section thirty-six (36) of said act, immediately after the words "Territorial officers,' 80 that the first clause of said section (36) as hereby amended, shall read as follows, to-wit: The Secre- Auditor and tary of the Territory, Auditor, Treasurer, or any two Treasurer presence Governor, shall pro- vass vote. of them, in the ter the election, and sooner if ceed, within fifty days Secretary, shall can all the returns be received, to canvass the vate (vote) given for all Territorial officers and members of the Council and House of Representatives, and the Gov- Governor ernor shall give a certificate of election to the persons certificate having the highest number of votes for each office." Approved February 9th, 1865. blob) ; shall give of election. AN ACT To AMEND "AN ACT CONCERNING FENCES, APPROVED Be it enacted by the Council and House of Representatives SEC. 1. That section 1 (one) of an act entitled "An act concerning fences" be amended by striking out of Lawful third line of said section, after the word "fence" in shall second line, the following words, to-wit: "four feet,' and insert, in lieu thereof, the words "four feet six inches." SEC. 2. 99 constitute. This act shall take effect and be in force from and after its passage. Approved February 9th, 1865. Auditor warrant for pay of members of AN ACT FIXING THE COMPENSATION OF MEMBERS OF THE LEGIS- Be it enacted by the Council and House of Representatives of Colorado Territory: PER DIEM OF MEMBERS OF LEGISLATIVE ASSEMBLY. SEC. 1. That members of the Council and House of Representatives of Colorado Territory shall receive in addition to the per diem paid by the General Government the sum of five dollars per day for their services in attendance on the sessions of the said Council and House of Representatives which convened on the second day of Jannary, A. D,, 1865, at Golden City, and all members elected to the Council and House of Representatives hereafter in this Territory, shall receive the aforesaid additional sum of five dollars per day for their services as aforesaid. SEC. 2. The Auditor of the Territory is hereby directed and authorized to draw a warrant on the Tershall draw ritorial Treasurer in favor of each member of the said Council and House of Representatives, in payment of Legislature. the additional amount as above specified, on the presentation to him by such member of a certificate signed by the Clerk or Secretary of the House of which he was a member, certifying that the holder thereof was a member of such body, and was in actual attendance on the duties of the same; and upon the presentation of such warrant to the Territorial Treasurer he shall pay the same out of any funds in the Treasury not otherwise appropriated; Provided, That no member shall receive pay for more days than he was in actual attendance. SEC. 3. That "an act regulating the fees of officers, jurors and witnesses, approved November 8th, 1861;" and an act to amend an act entitled "an act regulating the fees of officers, jurors and witnesses, approved March 11th, 1864," be and the same are hereby amended as follows: FEES. SHERIFFS' FEES. SEC. 4. The fees of Sheriffs in Colorado Territory shall hereafter be as follows, to-wit: For serving summons on each party, one dollar and twenty-five cents. For serving subpoena on each party, seventyfive cents. For summoning each juror, seventy-five cents. For advertising property for sale, besides the actual expenses, two dollars. For returning each process, seventy-five cents. For each mile actually traveled, in all cases, twenty cents. For levying executions, one dollar and fifty cents. For serving each seire facias, one dollar and fifty cents. For committing or discharging prisoners to or from jail, one dollar. For dieting prisoners the Sheriff shall receive such reasonable sum per day or week as the board of County Commissioners, upon a full statement of the costs of boarding such prisoners, shall audit and allow," and in all such cases the board of County Commissioners shall allow only the cost of simple, plain food, with reasonable compensation for preparing the same. For attending with prisoners before any Judge, on writ of habeas corpus, one dollar and twenty-five cents. For serving writ of possession, with aid of posse comitatus, five dollars; without such aid, two dollars and fifty cents. For attending District Court, or County or Probate Courts, per day, four dollars, to be paid out of County Treasury. For executing deed upon sale of real estate, three dollars and fifty cents. For making certificate of sale two dollars. For taking bond, in any case, one dollar and fifty cents. For executing capias in criminal cases, on each party, one dollar and fifty cents. For transporting prisoners, per mile, thirty cents. For making and recording certificate of levy in attachment or other cases, two dollars. For executing sentence of death, fifty dollars. (, ! WITNESSES FEES. f SEC. 5. Witnesses attending in any court of record, or before a commissioner or referee, per day, two dollars and fifty cents; in justices' courts, two dollars, and twenty cents per mile for every mile actually traveled, in going from the residence of the witness. to the place of holding court... 63 JURORS' FEES? SEC. 6. Jurors' fees in district courts, per day, two Before justices of the peace, attending inquest over dead the county treasury, two dol dollars and fifty cents. per day, two dollars; body, to be paid out of lars each; mileage for each mile actually traveled, twenty cents per mile. COUNTY TREASURERS' FEES. B For SEC. 7. The county treasurer shall receive the following compensation: for collecting taxes on the first three thousand dollars, ten per cent.; on amount between three and four thousand dollars, six per cent.; on amount between four and five thousand dollars, four per cent.; on all sums over five thousand and under ten thousand dollars, three per cent.: on all sums over ten thousand dollars, two per cent. receiving and paying out all monies, otherwise than taxes and school fund, three per cent. For every mile traveled, in going to and returning, to make settlement with Teritorial (Territorial) Treasurer and Auditor, and to make deposits of territorial revenue, twenty cents per mile. If, in the opinion of the com missioners of any county, the above specified per centage is deemed by them inadequate to collect the taxes of their county, they are hereby authorized and empowered to pay a greater per centage for collecting the same than that specified above; Provided, that such per centage does not exceed fifteen per cent. on the amount so collected, COUNTY CLERKS' FEES.T SEC. 8. The county clerks shall be and the same are hereby authorized to receive the same fees as district clerks for like services. For entering each order of court, thirty-five cents. For administering each oath, twenty cents. For each certificate and seal, seventyfive cents. Each bond and licence (license), three dollars. Taking proof in estray cases, and granting certificate of same, two dollars. For advertisments (advertisements), including copy for newspaper publication, one dollar and fifty cents. For trying and sealing weights and measures by county standard, fifty cents. For every certificate of magistracy, under seal, seventy YEES. five cents. For every instrument authorized to be recorded, first one hundred wodrs, forty cents; for each additional folio, twenty-five cents. For each entry in index, ten cents. For certificate of record, fifty cents. Taking acknowledgements, seventy-five centa. Copies of record, per one hundred words, twenty cents. For making search of records, when no certificate is given, twenty-five cents. For recording town plats, for first one hundred lots or less, five dollars, for each additional lot, two cents. For making abstracts, for first five conveyances or entries or less, each, fifty cents. For each additional conveyance or entry, each, twenty-five cents. SEC. 9. The fees of County Attorneys shall hereafter be as follows: In all civil cases, a docket fee of ten dollars. For all collections for territory, when the amount is under five hundred dollars, ten per cent. Fee for every criminal trial or examination before à Justice of the Peace, five dollars. In cases where more than one day is consumed in such trial or examination by change of venue or otherwise, per day, five dollars. For every conviction for misdemeanor, in District Court, fifteen dollars. For every conviction for felony, in District Court, twenty-five dollars, For every conviction in capital cases, fifty dollars. Per diem for each day neccessarily employed in attending cause on change of venue, in District Court, five dol lars. For drawing each indictment, ten dollars. No fees shall be allowed for drawing any indictment which may be quashed. FEES OF JUSTICES OF THE PEACE. TW SEC. 10. The fees of Justices of the Peace in the Territory of Colorado shall be as follows to-wit: For docketing each case twenty-five cents. For issuing summons for one person, seventy-five cents, for each additional person named therein, fifty cents. For each order of arrest, seventy-five cents. For each attachment against property, one dollar and twenty-five cents. For attachment against persons, for contempt, seventy-five cents. For each mittimus, one dollar. For subpoena, for one person, fifty cents, for each addi tional person, twenty-five cents. For each veuire, one |