Opinions in writing to be given county officers.

appeal or writ of error; in any such indictment, action, suit or proceeding which may be brought to the district court of any county in his district by change of venue from any other district; and where he may deem it advisable so to do, in the preliminary examination of persons charged with any offense before any justice of the peace or judge within his district. Nothing contained in this section shall be so construed as to prevent the county commissioners of any county from employing one or more attorneys to appear and prosecute or defend in behalf of the people of the state or such county, in any such indictment, action or proceeding.

896. SEC. 2. The district attorney, upon request of any county officer of any county within his district, shall, without fee, give his opinion in writing upon all questions of law having reference to the duties of such officer which may be submitted; and shall file and preserve in his office a copy of all such opinions.

When court may appoint.

If sick or absent.

Powers of appointee.

AN ACT IN REGARD TO DISTRICT ATTORNEYS.

[Session Laws, 1876.]

897. SECTION I. If the district attorney be interested or shall have been employed as counsel in any case which it shall be his duty to prosecute or defend, the court having criminal jurisdiction may appoint some other person to prosecute or defend the cause.

898. SEC. 2. If he be sick or absent, such court shall appoint some person to discharge the duties of the office until the proper officer resume the discharge of his duties.

899. SEC. 3. The person thus appointed shall possess the same power and receive the same fees as the proper officer would if he were present.

CHAPTER XXVIII.

DISTRICT COURTS.

AN ACT TO PROVIDE FOR AND REGULATE THE HOLDING OF THE
DISTRICT COURTS IN THE SEVERAL JUDICIAL DISTRICTS IN THIS
STATE, AND THE MANNER OF COMMENCING AND ADJOURNING
THE SAME, AND RETURN OF PROCESS, AND PROVIDING FOR
TRANSFER OF CAUSES THEREIN, AND FOR CONTINUING CAUSES,
ACTIONS AND PROCEEDINGS THEREIN IN CASE OF ADJOURNMENT,
AND TO REPEAL ALL OTHER ACTS IN RELATION THERETO.

Be it enacted by the General Assembly of the State of Colorado:
900. SECTION I. Terms of the district court in the Terms.
respective judicial districts in this state, shall, after the
year 1876, be held in said districts, at the county seats of
the several counties therein, as the county seats now are,
or may hereafter be established, commencing on the days
following in each and every year. That is to say:-

IN THE FIRST DISTRICT:

In the county of Boulder on the first Tuesday in February, and on the first Tuesday in October.

In the county of Jefferson on the second Tuesday in April, and on the second Tuesday in November.

In the county of Gilpin on the first Tuesday in March, and on the first Tuesday in September.

In the county of Clear Creek on the first Tuesday in
June, and on the first Tuesday in January.

In the county of Grand on the first Tuesday in July.
In the county of Summit on the fourth Tuesday in July.

IN THE SECOND DISTRICT:

First District.

In the county of Arapahoe on the first Tuesday in Jan- Second District. uary, on the third Tuesday in April, and on the first Tuesday in September; provided, however, that for the year A. D. 1877, the January term in said Arapahoe county shall begin on the second Tuesday in January.

In the county of Elbert on the first Tuesday in March. In the county of Weld on the third Tuesday in November.

In the county of Larimer on the fourth Tuesday in October.

In the county of Douglas on the second Tuesday in December.

Third District.

Fourth District.

In what manner

IN THE THIRD DISTRICT:

In the county of Las Animas on the first Monday in March, and on the first Monday in September.

In the county of Huerfano on the third Monday in January, and on the third Monday in August.

In the county of El Paso on the second Monday in February, and on the second Monday in October.

In the county of Fremont on the second Monday in April, and on the first Monday in November.

In the county of Bent on the third Monday in March, and on the third Monday in September.

In the county of Pueblo on the fourth Monday in April, and on the third Monday in December.

In the county of Park on the third Monday in June, and on the fourth Monday in November.

IN THE FOURTH DISTRICT:

In the county of Costilla on the first Monday in March, and on the first Monday in September.

In the county of Conejos on the second Monday in March, and on the second Monday in September.

In the county of Rio Grande on the third Monday in March, and on the last Monday in September.

In the county of Saguache on the second Monday in November.

In the county of Lake on the second Monday in August. In the county of Hinsdale on the third Monday in June, and on the fourth Monday in October.

In the county of Ouray on the first Monday in July.

In the county of San Juan on the second Wednesday after the first Monday in July, and on the second Monday in October.

In the county of La Plata on the fourth Monday in July. 901. SEC. 2. All causes, issues and proceedings, civil causes pending or criminal, now pending in the district court of any of the counties above named, either upon change of venue or otherwise, in which there has been service of process, pub

to be proceeded with.

lication or appearance by the several parties to any former term, shall be deemed and held to be pending at the first term of such court as fixed by this act, and may be regularly proceeded with at such term, in the same manner as though pending at the next regular term of such court as fixed by law before the passage of this act.

902. SEC. 3. In any county wherein no term of the Organization of

courtsin counties where none have heretofore been

district court has heretofore been held, wherein the court
has not heretofore been organized, it shall be the duty of held.
the judge of the district wherein such county is situate,
without delay to appoint a clerk of the district court within
and for such county, and the said clerk shall at once pro-
cure an office and a seal for said court, and such record
books, furniture and supplies as may be necessary to the
proper transaction of business, the expense of which shall
be allowed as a claim against such county by the county
commissioners, and be paid out of the county treasury as
other bills against such county. The county commissioners
shall also furnish a suitable room in which to hold said
court from time to time.

causes to district

heretofore

others for

903. SEC. 4. Whenever in any civil cause, now pend- Transfer of ing and undetermined in the district court of any county to courts of counties which another county has heretofore been attached for attached to judicial purposes, and if it shall be made to appear by the judicial purposes affidavit of any one of the parties thereto, or the affidavit of the agent, or attorney of any such party, to be filed with the papers in the cause, that the party defendant in the said cause, at the time of commencement of the suit, was a resident of the county so attached for judicial purposes, or that the cause of action arose within the county so attached to the other for judicial purposes, the said cause shall at once be transferred to the district court of the county so heretofore attached, and the clerk of the court wherein said cause is now pending, shall certify and transmit without delay all the papers in said cause to the clerk of the district court of the other county, together with certified copies of all orders therein, as in case of changes of venue in civil cases under existing laws, and his fees therefor shall abide the result of said suit; and any cause so transferred may be disposed of at the next term of said dis

Transfer of

criminal causes

in counties heretofore

attached to others for

trict court in the county to which the same is so transferred; provided, that notice of the said transfer shall have been given in writing to the party or parties who did not unite in said affidavit, or to the attorney or attorneys of such party or parties, at least ten days before the first day of such term, and this fact shall be made to appear to the court in a proper manner by affidavit.

904. SEC. 5. Any criminal cause or proceeding now pending and undetermined in the district court of any county to which another has been attached for judicial judicial purposes purposes, in which the defendant or defendants, at the time of the commencement of the prosecution, were liable to prosecution in the county so attached for judicial purposes, then the said cause shall be at once certified and sent by the clerk of the said court wherein the same is pending, to the clerk of the court in the county theretofore so attached, in the same manner as is provided by this act in civil cases; provided, that an affidavit of the defendant, or one of them, be first made and filed in the cause, showing the existence of the fact necessary to authorize the said change; and such cause when transmitted shall be deemed pending in the district court of the county to which it has been so transferred, at the term next after said change, and may be proceeded with in every way as though originally begun in said court; provided, the defendant or defendants not joining in said application for the transfer, and the district attorney, shall have notice of the said change at least ten days before the first day of said term to which it is so transferred.

At what term

causes com

905. SEC. 6. All causes, issues or proceedings, civil or menced prior to criminal, instituted, pending or brought in the district court to be pending, of any of the counties above named, in which process has cess returnable. been issued prior to the passage of this act, returnable to

this act deemed

and when pro

any term of court, as provided by existing laws, shall be deemed and held to be pending in such court, at the term in this act next succeeding the term to which such process shall have been made returnable, and such process shall be deemed and held returnable to the term of such court provided in this act next succeeding the term to which such process has been made returnable; provided, that in all