may be had. cases in which a term of court shall by this act be required In what cases to be held prior to the time at which process shall have further process been made returnable, according to existing laws or by order or proclamation of the judge of any of the judicial districts in this state, it shall be lawful for the plaintiff or complainants in the action in which such process shall have been issued, to sue out of the office of the clerk of the court in which such cause is pending, another process returnable to the term of the court fixed by this act, and thereafter the suit, action or proceeding shall proceed the same as if it had originally been brought to the term of such court fixed by this act: And provided, further, that in suits commenced by attachment when the writ shall have been made returnable prior to the time fixed by this act as aforesaid, a new writ of attachment 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 may be levied on the property of defendants the same as though no other writ had been issued; but if the writ of attachment first issued shall have been levied upon the property of defendant or defendants prior to the taking effect of this act, every act, held to be such levy'shall (if otherwise regular and proper) be deemed fiend and valid and held to have become a good and valid lien on whatever interest defendant had in the property levied upon, the same as though the terms of court had not been changed; and if the said new writ shall not be served upon defendant or defendants named therein, such defendant or defendants shall be notified by publication to appear and answer at the next term of said court as fixed by this act, in the way and manner as 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. 906. SEC. 7. At any regular term of the district court as provided by this act, within any county, such court may by an order to be entered of record, appoint a special term of the district court within and for such county, to be held at any future time, when by law the judge of such district court is not required to attend upon and hold a term of the district court in any other county within such district, and the court may in such order specify and direct whether a Writ of attachment, levied prior to this good Special Terms. Inability of judge to hold term. Adjournment of court in case Judge fails to reach place appointed in proper time. grand jury or petit jury, or both, or neither, shall be summoned to attend such term, and that such term shall be a term for the return of original or mesne process, to be issued in causes to be thereafter commenced therein, or that the same shall be for trial of causes and issues then pending only; in case a grand or petit jury is required to attend any such special term of court, the same shall be chosen and summoned as is now or may hereafter be provided by law in the case of the regular terms of such district courts. And any district judge may in vacation call a special term of court within and for any county in the manner aforesaid, by an order to be entered of record on the journal of the court within such county, under such general rules previously adopted therefor for the government of such matters in his district: Provided, public notice of the holding of such term be given at least thirty days before .the commencement thereof, in such manner as may have been provided by such general rules. 907. SEC. 8. Whenever it shall happen that the judge shall be unable by reason of sickness, absence from the state or any other cause, to hold any term of the district court in his district, it shall be lawful for the governor to assign any other district judge to hold such term. And if no one of the other district judges is able to fill such appointment, then the governor shall appoint one of the judges of the supreme court to hold said term, which appointment in every instance shall be in writing. And all proceedings, orders, judgments and decrees, had, made and pronounced, at the term so held by the judge so especially appointed, shall have the same force and validity as if the said court were held by the judge elected in said district. 908. SEC. 9. Whenever it shall happen that the judge shall fail to reach the place appointed for holding any term of the district court by two o'clock in the afternoon of the first day of said term, it shall be the duty of the clerk of such court to adjourn said court until two o'clock of the day following; and in case the judge shall fail to arrive at the expiration of said adjournment, it shall be the duty of said clerk to adjourn the court until Monday of the ensuing week at ten o'clock a. m. of that day. And whenever it shall happen during any term of court that the judge shall fail to appear to open court in pursuance of any adjournment made at that term, it shall be the duty of the clerk to adjourn the court until the hour of ten o'clock a. m. of the following day, and in case the judge does not appear at the hour of ten o'clock a. m. of that day, the clerk shall adjourn the court for the period of one week from that day to the hour of ten o'clock a. m., and shall immediately notify the governor of the failure of the judge to appear, and it shall be the duty of the governor to forthwith appoint in writing, one of the judges of the supreme court to hold the remainder of said term, unless the governor be satisfied that no real necessity exists requiring him so to do. Discharge of continuance of ment. 909. SEC. 10. In case of any adjournment by the clerk as provided for in the foregoing section, he shall discharge jurors, etc., and the jurors, witnesses and recognized persons in attendance, day of adjourn until the expiration of the adjournment; and all proceedings, actions, motions and orders, shall be deemed to be continued over until the day to which the court stands adjourned. And all jurors, witnesses and recognized persons shall be under the same obligation to appear at the court at such adjourned day, as they were to appear upon the day first appointed. And all proceedings, orders, judgments and decrees, had, made and pronounced by the court after any such adjournment, by whatever judge the court may be held, shall be in all respects valid and binding, the same as if no such adjournment had been necessitated. In c se judge counsel or is any suit. 919. SEC. II. Whenever the judge has been of counsel or is interested in any suit or proceeding pending in any has been of district court, he may request the judge of some other dis- interested in trict to sit and try such suit or procceding, and in case the judge or judges so requested fail, neglect or refuse to sit. and try such suit or proceeding, the judge is authorized to order a change of venue in such suit or proceeding, and shall send the same to the nearest county in some other district wherein no such disability exists on behalf of the judge to hear and try the same. Thereupon the clerk shall enter such order of record and make out certified copies of all orders made in the case, and at once transmit all the Former acts repealed and proclamation of judges void. Emergency. papers in the suit and proceedings, to the clerk of the court to which the change is ordered, the same as changes of venue under existing laws. 911. SEC. 12. All acts and parts of acts repugnant to or inconsistent with this act are hereby repealed, and all orders and proclamations of any of the judges of the respective district courts in this state, appointing and fixing the terms of the district courts in any of the counties of this state in conflict with or inconsistent with the provisions of this act are hereby declared to be null and void after this act takes effect. 912. SEC. 13. Inasmuch as it is necessary to have the terms of the district court at once fixed by statute, and many of the provisions of the act being necessary for the proper protection of the rights of the people of this state, in the opinion of this general assembly it is an act contemplated by section 19 of article 5 of the constitution, which should take effect immediately upon its enactment; therefore this act shall take effect and be in force from and after its passage. Approved, December 18, 1876. Section one of this act was amended, and sections two and six were re-enacted by H. B. No. 177, approved, January 26, 1877. Counsel as who is unable to AN ACT TO AUTHORIZE THE DISTRICT COURTS TO ALLOW FEES TO Be it enacted by the General Assembly of the State of Colorado: 913. SECTION I. That in all indictments for crimes or signed defendant misdemeanors in any of the district courts of this state, where by reason of the inability of the defendant or defendants to employ counsel, the court may assign him or them counsel for his or their defense, it shall be the duty of the court so assigning counsel to allow him a fee, to be paid out of the county treasury of the county wherein such indictment may be found; provided, that but one fee shall be allowed to counsel in any one case. 914. SEC. 2. No fee allowed to counsel appointed as above provided for, shall exceed twenty dollars in any case be allowed. where the defendant is indicted for a misdemeanor. In all Limit of fees to cases of indictment for the commission of a felony, the punishment for which is imprisonment in the penitentiary, the amount of the fee to be allowed to counsel so to be assigned, shall not exceed thirty dollars. In all cases of indictment for felony, the punishment for which is death, the amount of said fee shall not exceed fifty dollars. be assigned unless court is satisfied of 915. SEC. 3. In no case shall counsel be assigned to Counsel not to such defendant or defendants, unless the court be satisfied that he or they are unable, by reason of his or their pov- poverty of erty, to employ counsel, and no defendant possessed of any property sufficient to pay a reasonable attorney's fee, shall be entitled to any of the benefits or privileges of this act. defendant certified to missioners. 916. SEC. 4. Whenever an attorney, appointed by any In what manner court to defend prisoners, shall have tried the case or shall fee allowed is have quashed any indictment therein, the clerk of said county comcourt shall give him a certified copy of the order of the court so assigning him as counsel, and the judge of said court shall indorse upon such order the sum to be allowed as a fee in the case, and upon the presentation of such order, with such indorsement, the county commissioners of the county shall order a warrant to be drawn on the county treasury in payment of such fee. Approved, March 7, 1877. CHAPTER XXIX. DIVORCE AND ALIMONY. [Revised Statutes, Chapter XXVI.] Causes for affect legitimacy except marriage declared void. 917. SECTION 1. In any case in which a marriage has been or hereafter may be contracted and solemnized be- divorce; not to tween any two persons, and it shall be adjudged in the of children, manner hereinafter provided, that either party at the time of the marriage was and continued to be impotent naturally, or that he or she had a wife or husband living at the time of such marrriage, or that either party has committed adultery subsequent to the marriage, or has wilfully de |