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may continue the cause for such time as may be necessary. This section shall also apply on the trial of causes appealed from justices of the peace to the district court.

Decision of

agreement.

1504. SEC. 23. If both parties agree to have a difference decided by a justice of the peace, without process, he differences by shall enter the same on his docket, noting particularly such consent, and proceed as in other cases.

Arbitration and

award.

1505. SEC. 24. In all cases the parties to a suit before a justice shall have the privilege of referring the difference judgment on between them to arbitrators, mutually chosen by them, who shall examine the matter in controversy, and make out their award thereon in writing, and deliver the same to the justice, who shall enter the same award on his docket, and give judgment according thereto.

Trial by jury.

moned.

1506. SEC. 25. At any time before any evidence is given in any suit before a justice, either party upon How jury sumadvancing the jury fees, may demand to have the cause tried by a jury; whereupon it shall be the duty of the justice to issue his writ, directed to any constable, commanding him to summon a jury of six men, or twelve if a less number be objected to, and the said jury shall be impaneled as soon as may be, the justice adjourning the cause if necessary, to any time not exceeding three days, for that purpose; the jury when impaneled shall be sworn by the justice to try the cause according to the evidence, and the justice shall enter judgment upon their verdict according to the finding thereof.

1507. SEC. 26. The following shall be the form of the writ for summoning the jurors, viz:

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The people of the state of Colorado to any constable of said county, greeting:

We command you to summon

county, to appear before me at

lawful men of your

on the

day

of, 18-, who are not of kin to A. B., plaintiff, or to C.
D., defendant, to make a jury between said parties in a plea
of
-; because as well the said plaintiff as the said
defendant have put themselves upon the country for trial;

Form of venire.

and have you then and there the names of the jury, and this writ. Witness my hand and seal, this

day of J. P. [L. s.]

1508. SEC. 27. In trials of the right of property taken Trials of rights on execution, attachment, or other process, by constables,

of property;

number of jurors

number may be increased.

necessary; how the number of jurors shall be six instead of twelve, unless the parties shall agree upon a larger number, not exceeding twelve, in which case the number agreed upon shall constitute the jury: provided, that either party shall have the right to require twelve jurors upon advancing the additional costs and fees accruing in consequence of increasing the number over six; such additional costs and fees not being in any event chargeable against the other party.

Attachment of witness for contempt.

Incompetency

1509. SEC. 28. In all cases where a witness shall be duly served with a subpoena, and shall fail to attend at the trial, conformably thereto, and in all cases where a person shall be summoned as a juror, to try any cause before a justice of the peace, and shall fail to attend at the time and place appointed in such summons, the justice shall have power to issue an attachment, directed to any constable of the county, commanding him forthwith to bring before such justice, the body of such juror or witness, so failing to attend as aforesaid, to show cause why he should not be fined for a contempt; and on the appearance of such juror or witness on such attachment, it shall be lawful for the justice of the peace to fine him, in any sum, not less than one dollar, nor more than ten dollars, or wholly discharge him, if satisfactory excuse be made.

1510. SEC. 29. If any juror, summoned as aforesaid, and discharge of shall be interested in the event of the suit, or of kin to juror; summoning of talesmen; either party, or shall have expressed his opinion on the

challenges.

matter about to be tried, or shall, for any cause, to be judged of by the justice, be considered as a partial or improper juror, in that case, the justice shall discharge such juror; and when, by such discharge, or the failure of any juror to attend, the jury shall not be complete, the justice shall direct the constable to summon as many persons as shall be required to complete such jury, instantly, from among the bystanders or other persons in his bailiwick, which

summons shall be verbal; and the person so summoned shall be bound to serve on such jury, and on refusal or failure to do so, may be attached and fined for contempt, as aforesaid. And in all cases of jury trial before a justice of the peace, each party shall be entitled to three peremtory challenges.

1511. SEC. 30. Every person who shall appear before Penalty for cona justice of the peace, when acting as such, or who shall tempt of court. be present at any legal proceeding before a justice, shall demean himself in a decent, orderly and respectful manner, and for failure to do so, such person shall be fined, by the said justice, for contempt, in any sum not more than five dollars.

Change of venue

1512. SEC. 31. Previous to the commencement of any trial before a justice of the peace, the defendant, or his or by defendant. her agent, may make oath, that it is the belief of such deponent, that the defendant cannot have a fair and impartial trial before such justice, whereupon, it shall be the duty of the justice, upon payment of all costs accruing up to the time the change of venue is taken, immediately to transmit all the papers and documents belonging to the suit to the nearest justice of the peace, who shall proceed as if the said suit had been instituted before him.

tion of non-resi

1513. SEC. 32. In all cases before justices of the peace, Continuance for ither party may have the case continued any reasonable taking deposi ime, not exceeding one month, for the purpose of taking dent witness. he deposition of any non-resident witness; which deposition hall be taken in conformity to the manner of taking and eturning depositions of non-resident witnesses in the district ourts, in this state.

1514.

SEC. 33. SEC. 33. Executions in justices' courts may be when execution ssued immediately after rendition of judgment.

1515.

may issue.

When execution
returnable;
upon what to

form of.

SEC. 34. All executions issued by a justice of he peace, shall be directed to any constable of the proper ounty, and made returnable to the justice issuing the same, be levied, and ithin thirty days from the date; such execution shall be evied only on personal property, and shall be in the followng form, as nearly as may be, viz:

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The people of the state of Colorado to any constable of said county, greeting:

We command you that, of the goods and chattels of A. B., in your county, you make the sum of

dollars and

dollars and

cents, costs,

cents, debt, and which C. D. lately recovered before me, in a certain plea against the said A. B., and hereof make return within thirty days from this date. Given under my hand and seal, this

day of

18

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Execution to other county; how issued.

How execution

1516. SEC. 35. When it shall appear, by the return of any execution, issued as aforesaid, that the defendant has not personal property within the county, sufficient to satisfy the debt, and it is desired by the plaintiff to have execution issued to some other county, in which it is alleged that the defendant has personal property, the justice shall issue such execution, directed to any constable of the county where such property shall be said to be, to which execution shall be attached an official certificate of the county clerk of the county in which the same shall be issued, setting forth, under the seal of said court, that such justice, so issuing, was at the time of issuing said execution, a justice of the peace in and for said county, and no constable shall be bound to execute any such process unless so authenticated.

1517. SEC. 36. When an execution shall be issued to to other county another county, as provided in the preceding section, it

served and

returned.

shall be the duty of the constable receiving the same, to proceed to the execution of the same, and make return as in other cases.

1518. SEC. 37. When it shall appear by the return of In what manner the execution first issued, as aforesaid, that the defendant

execution may

be levied on real property.

has not personal property sufficient to satisfy the debt and costs, within the county in which judgment is rendered, and it is desired by the plaintiff to have the same levied upon real property, in that or any other county, it shall be lawful for the justice to certify to the clerk of the district court of the county in which such judgment was rendered,

a transcript, which shall be filed by said clerk and recorded by him in a book kept for that purpose, at the request and cost of any person interested, either in the judgment or proceedings had under the same; the fee for recording the transcript shall be taxed in the bill of costs against the defendant; such jugdment shall thenceforward have all the effect of a judgment of the said district court, and execution shall issue thereon, out of that court, as in other cases.

County court;

1519. SEC. 38. Appeals from judgments of justices of Appeals to the peace to the county court, shall be granted in all cases, bond to be iven. except on judgment confessed: provided, the party praying the appeal, shall within ten days from the rendering of the judgment from which he desires to take an appeal, enter into bond, with security, to be approved and conditioned, as hereinafter provided, and pay the cost of granting the appeal only.

1520. SEC. 39. The bond required to be given, shall be in substance as follows:

Know all men by these presents, that we, A. B. and C. D., are held and firmly bound, unto E. F., in the penal sum of (here insert double the amount of the judgment and costs,) dollars lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Witness our hands and seals, this

day of

18——.

The condition of the above obligation is such, that whereas, the said E. F. did, on the day of

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-, A. D.

a justice of the peace in and for recover a judgment against the above

18-, before

the county of

bounden, A. B., for the sum of

dollars; from which

judgment the said A. B. hath taken an appeal to the county
court of the county of
aforesaid, and state of Colo-

rado.

Now, if the said A. B. shall prosecute his appeal with effect, and shall pay whatever judgment may be rendered by the court, upon dismissal or trial of said appeal, then

Form and condition of bond.

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