reversed, the party succeeding shall recover from the opposite party his costs, not only in the district court, but before the justice; where the judgment of the justice shall be affirmed in part, then the court shall divide the costs between the parties, according to the justice of the case. from court of error or appeal 339. SEC. 17. In all cases of appeal from the decision Costs on appeal of a court of probate, the costs shall be in the discretion of probate. the court in which such appeal is heard. 340. SEC. 18. If any person shall sue out a writ of Costs on writ of error or take an appeal to the supreme court to review a judgment of the district court, and the same be affirmed, or the writ of error be discontinued or quashed, or the plaintiff in error or appellant be nonsuited, the defendant or appellee shall recover his costs. to supreme court from district court. 341. SEC. 19. The clerk of any court in the state is Clerk to tax hereby authorized and required to tax and subscribe all bills of costs arising in any cause or proceeding in the court of which he is clerk, agreeable to the rates which shall for the time being be allowed or specified by law. 342. SEC. 20. If any person shall feel himself aggriev- In cases of ed, by the taxation of any bill of costs, he may apply to the court to have the same re-taxed, and if it shall appear that the party aggrieved has paid any higher charge than by law is allowed, the court may order that the clerk shall forfeit all Clerk shall repay fees allowed to him for taxation, and pay to the party and forfeit fees aggrieved the whole amount which he may have paid by reason of the allowing of any unlawful charge. erroneous taxation, courts may re-tax upon application. unlawful charge for taxation. surety on bond. 343. SEC. 21. The clerk shall make out a bill of costs (Amendment of 1874.) as the same have been taxed in any cause against the party Fee bill to be liable to pay the same and his security for costs, if made against any, party adjudged together with his precept, directed to the sheriff of the to pay costs and 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 [of] 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, Proceedings shall be under the seal of the court, and shall be return- when returnable. able within ninety days from the date thereof, and the thereon and sheriff shall proceed, thereon in all things as on a writ of fieri facias. AN ACT RELATING TO COSTS IN CRIMINAL CASES. [Session Laws. 1872.] Costs to be taxed 344. SECTION I. If any person shall complain to any against person grand jury, of injury done to his person, or to any person cious complaint of his household, or to his property, done by another, and making mali to grand jury. When judgment for costs shall upon hearing evidence of such charge it shall appear to such grand jury that the same is untrue, and that it was maliciously entered, it shall be the duty of such grand jury, to return the facts into court, and the court shall thereupon tax the costs incurred in the investigation of such charge, and enter judgment against the person who made such complaint for the amount thereof. In proceedings under this section, the action of the grand jury shall be determined by twelve members thereof. 345. SEC. 2. If any person shall complain to any be given against grand jury of injury done to his person, or to any person prosecuting witness. Name of prose cuting witness to be endorsed on indictment. of his household, or to his property, and after indictment found shall not appear in the court in which such indictment shall be pending to give evidence in that behalf against the party charged in such indictment, and the party charged shall be acquitted; or if proceedings under said indictment shall be discontinued for want of testimony, the court in which said indictment shall be pending shall give judgment against the person who preferred such complaint for the costs arising in that case. Upon the trial of the party charged in any such indictment, if he shall be acquitted, and the jury shall find that the proceeding was maliciously commenced, the court shall give judgment against the prosecuting witness, for the costs arising in the case. Whenever any person shall complain, as in the first clause of this section mentioned, the grand jury shall cause the name of the person so complaining to be indorsed upon the indictment, with the words "prosecuting witness" added, and this shall be evidence that the complaint was made by the person whose name is thus indorsed. 346. SEC. 3. Judgment rendered under the provisions of this act may be enforced in the same manner as in other criminal cases. AN ACT CONCERNING COSTS IN CRIMINAL EXAMINATIONS BEFORE [Session Laws, 1872.] before justice 347. SECTION I. In all cases of examination into any Costs in malicriminal charge, before a justice of the peace, where the cious complaint party accused shall be discharged, and it shall appear to of the peace. the justice before whom such examination was made, that there was no reasonable ground for the complaint, and that it was maliciously entered, and in all such cases, where the complaining witness wilfully absents himself from, or fails to appear, at such examination, the justice of the peace is hereby authorized to give judgment against the complainant for the costs of such examination, and issue execution thereon. AN ACT CONCERNING COSTS IN CRIMINAL CASES. [Session Laws, 1876.] By whom costs paid. 348. SECTION I. The costs in criminal cases shall be paid by the county in which the offense is committed, when in criminal cases the defendant shall be convicted and shall be unable to pay them. In all cases in which the defendant is acquitted, the costs shall be paid by the county in which the offense was committed, unless the prosecutor shall be adjudged to pay the; and the county commissioners of any county may, in their discretion, pay the costs of preliminary examinations, except in cases of preliminary examinations in which the prosecutor shall have been adjudged liable to pay the costs. AN ACT CONCERNING COSTS IN CERTAIN CASES. [Session Laws, 1876.] 349. SECTION I. In all cases hereafter tried, where Costs in cases of any person or persons has made, or shall hereafter make, mining property. adverse claim to application for a patent to any lode, claim, placer claim, mill site, or other mining property, under and in pursuance of the mining laws of the United States, and any other person or persons claiming adversely to such applicant has filed, or shall hereafter file, an adverse claim in the proper land office, and has brought, or shall hereafter bring, suit or suits, either at law or in equity, for the purpose of determining the title, or right of possession, to such mining property, or any part thereof, if such adverse claimant, being plaintiff in such suit or suits, shall prevail so as to recover costs therein, he shall also recover and be entitled to tax as a part of his said costs, all disbursements and expense necessarily incurred and paid by him for plats, abstracts, and copies of papers filed in said land office with his adverse claim, and also a reasonable counsel fee, not exceeding fifty dollars in any case, for the expense of preparing his said adverse claim. Section 2, of this act, repealed 1877. Boundaries of counties. Costilla. CHAPTER XXI. COUNTIES AND COUNTY BOUNDARIES. [Revised Statutes, Chapter XX.] 350. SECTION 1. The following shall be the boundaries of the respective counties of this state. 351. SEC. 2. Costilla county: commencing at a point. on the southern boundary of the state, where the range line between ranges sixty-nine and seventy, intersects said boundary: thence north along said range line to the point where the same intersects the Sangre de Christo pass or road; thence in a southwesterly direction on said road, to the summit of the Sangre de Christo range; thence in a northerly and westerly direction along the summit of said range to the head of the main branch of the Mosco creek; thence in a southwesterly direction down the centre of said Mosco creek to where said creek enters into the San Luis valley; thence in a westerly direction to the most easterly point of La Loma del Norte; thence down the centre of the Rio Grande del Norte to the southern boundary of the state; thence east, along said boundary to the place of beginning. of 1872.) Sagauche. 352. SEC. 3. Saguache county: commencing at the Amendment most easterly point of La Loma del Norte; thence in an easterly direction to the point where the Mosco creek enters into the San Luis valley; thence up the centre of said creek to the boundary line of Fremont county, on the summit of the Sangre de Christo range; thence in a northwesterly direction along the summit of said range to the top of the range at the Poncho pass; thence in a direct line west to the one hundred and seventh degree of longitude; thence south, following said degree, to the north boundary line of Conejos county; thence east along the north boundary line of Conejos county, to where it intersects the southwest boundary of Saguache county; thence on a produced southeasterly line to the mouth of the canon of the snowy range, from whence flows the Rio Grande del Norte; thence down the centre of said stream to the place of beginning. 353. SEC. 4. Conejos county: commencing on the southern boundary of the state, in the centre of the Rio Grande del Norte; thence up the centre of said stream to where it leaves the canon of the snowy range at the corner of Saguache county; thence in a northwesterly direction. along the western boundary of said Saguache county to the Co-che-to-pa pass; thence in a southwesterly direction on the summit of the Uncompaghre mountains and the Sierra La Plata, forming the southern boundary of Lake county, to the western line of the state; thence along the western boundary of the state to its southwest corner; thence along the southern boundary of the state to the place of beginning. 354. SEC. 5. Huerfano county: commencing at a point where the township line between townships twenty-one and twenty-two south, intersects the western boundary of the Indian reserve; thence west on said township line to the point where said line intersects the range line between ranges sixty-two and sixty-three; thence south, on said range line six miles to the township line between town Conejos. Huerfano. |