packages sealed to representaves treasurer boxes and packages so sealed up and secured, and shall List of boxes and note on such list the places wherein the same are de- up to be give.. posited, whereupon, as soon as it can be conveniently done or sureties of and after notice to the parties mentioned in the preceding section, they shall cause the said boxes and packages to be examined and a true inventory to be taken of the said moneys, and of all bonds, notes, securities, books and Inventory. other things appertaining to said office, which shall be required by such late treasurer or his representatives or sureties, or either of them. given by suc 1144. SEC. 12. A copy of such inventory shall be Receipts to be deposited by them in the secretary's office, and any copies cessor in office. that may be required shall be given to any of the parties mentioned in the preceding section, and they shall safely keep all moneys and other effects mentioned as aforesaid until another treasurer shall be appointed, to whom, when qualified, they shall deliver over the same, taking duplicate receipts therefor, one of which receipts shall be deposited with the secretary, and the other shall be delivered to the said late treasurer, or his legal representatives or sureties, or one of them. persons engaged examination 1145. SEC. 13. The persons appointed by the secretary Compensation of to make the examination and verification of the accounts in making of the auditor and treasurer, and the persons appointed by the governor, as provided in section ten of this article, shall receive the same compensation as is allowed by law to the members of the general assembly during the time they may be engaged in such service. Power of auditor and treasurer to 1146. SEC. 14. The auditor and treasurer shall each have power to administer all oaths and affirmations re-administer oaths quired by law, in matters touching the duties of their respective offices. Issue of war 1147. SEC. 15. The auditor shall issue his warrant on the treasurer in any sum that the party entitled to the same rants; form. may desire; provided, they shall not be less than five dollars, unless the sum due is less than that amount. All war rants drawn by the auditor on the treasury of the state shall be in the following form: Rate of interest on warrants. or order, dollars, out of any money in the treasury not otherwise appropriated, (here state in brief the account on which such warrant is issued,) and charge the and this shall be your voucher. same to 18-. Signed, Auditor of the state of Colorado." 1148. SEC. 16. All state warrants issued by the proper authorities of the state shall draw interest from and after the date of their presentation, at the rate of ten per cent. per annum until the time directed in next succeeding section. 1149. SEC. 17. The treasurer shall keep a record of the number and amount of the warrants so presented and indorsed for non-payment, and when there are funds in the tested warrants. treasury for the payment to an account [of an amount] suf Record and payment of Fiscal year. pro Official seal of auditor and treasurer. Penalty for de or treasurer in ficient to render it advisable, he shall give notice to what number of warrants the funds will extend and which he will pay, by the insertion in a newspaper printed at the seat of government. At the expiration of thirty days from the day of the last insertion, interest on the warrants so named as being payable shall cease. When interest is paid upon the warrants, the amount paid shall be indorsed upon the warrant and be signed by the party receiving it. 1150. SEC. 18. The fiscal year shall be deemed to commence on the first day of December, and end on the thirtieth day of November, in each year. 1151. SEC. 19. The treasurer and auditor shall each keep a seal of office, which shall be used to authenticate all writings, papers and documents certified from either of such officers respectively. 1152. SEC. 20. For default in making and rendering the reports hereinbefore required, every auditor and treasfault of auditor urer shall forfeit the sum of one hundred dollars, and the making reports. like sum for every day during which he shall be in default in making such report after the organization of the general assembly Repeal. 1153. SEC. 21. Chapter nine of the revised statutes of Colorado, and all acts and parts of acts inconsistent with this act are hereby repealed. 1154. SEC. 22. Inasmuch as the duties of the present Emergency. state officers are not prescribed by law, this general assembly is of the opinion that an emergency exists requiring the immediate passage of this act, therefore this act shall take effect and be in force from and after its passage. Approved, February 27, 1877. CHAPTER XXXIV. FEES. AN ACT DISPOSING OF UNCLAIMED WITNESS FEES. [Revised Statutes, Chapter XXXI.] ness fees. 1155. SECTION I. That hereafter all moneys collected by Disposition of any clerk of the district court of any of the judicial dis- unclaimed wit tricts and county judges of this state, as witness fees, that shall have remained in the possession of said clerk for a period of three months, shall be paid by the clerk into the treasury of the county for which said court is held. Semi-annual ment to be made 1156. SEC. 2. That it shall be the duty of the clerk of every such court in this state, to present, between the first detailed stateand tenth days of the months of April and October, of each by clerks. and every year, a detailed certified statement of all such fees collected by him and uncalled for by the owner, to the county treasurer of the county in which he resides, and to pay the amount over to the treasurer and take his receipt for the same. How fees paid into county treasury may be 1157. SEC. 3. That if any person entitled to witness fees in any suit in the district or county courts shall, within one year from the time his right to such fees accrued, make recovered. application to the clerk of the district court or the county judge, said clerk or judge shall give him a certificate setting forth the amount due to said witness, which amount shall be paid by the county treasurer upon the presentation of said certificate. Penalty for fail 1158. SEC. 4. Any such clerk failing to comply with the provisions of this act, shall be liable to the county in ure of clerk to which he resides, in the penal sum of five hundred dollars for each offense, to be collected as other like fines. comply with these provisions. Penalty for public officer fee; liable to civil action. AN ACT TO SUPPRESS THE TAKING OF ILLEGAL FEES BY CERTAIN [Session Laws, 1874.] 1159. SECTION 1. Any judge, justice of the peace, clerk sheriff, constable, city marshal, or other public officer, who for the performance of an official duty, for which a fee or demanding or compensation is allowed or provided by law, shall wilfully and knowingly demand or receive any greater fee or compensation either in money or other thing of value than what is allowed or provided by law for the same, or who shall wilfully and knowingly demand or receive any such fee or compensation where no fee or compensation whatever is authorized or prescribed by law, shall be guilty of a misdemeanor, and upon conviction thereof shall be confined in jail not less than one nor more than six months, and shall be fined not less than one hundred nor more than five hundred dollars, besides being liable on a civil action to the person or persons from whom such fee or compensation is thus knowingly and illegally demanded or received, for three times the value or amount thereof; and upon the examination or trial of such offense, the defendant shall be presumed to have acted wilfully and knowingly until the contrary is shown. Penalty for public officer pensation for omitting to issue, serve or execute legal process 1160. SEC. 2. Any judge, justice of the peace, clerk. sheriff, constable, city marshal, or other public officer authorized by law to issue, serve or execute any execution, receiving com- or other legal process, and who shall either charge or receive any money or other thing of value for omitting or delaying to issue, serve or execute such process, or to perform any other duty whatever appertaining to his particular office, shall be guilty of a misdemeanor, and upon conviction thereof, shall be confined in jail not less than one nor more than six months, and shall be fined not less than one hundred nor more than five hundred dollars; provided. however, that nothing in this act contained shall debar the Right to demand said officers of the right to demand and receive their legitimate fees in advance. fees in advance. AN ACT TO FIX AND REGULATE THE FEES CHARGEABLE BY COUNTY, Fees of secretary paid into state Be it enacted by the General Assembly of the State of Colorado: 1161. SECTION I. It shall be the duty of the secretary of state to collect as fees the following sums of money of state; to be for papers officially executed, and other official work which treasury. may be done in his office, that is to say: For each military commission, two dollars and fifty cents; for each notary public's commission, five dollars; for each foreign. commission, five dollars; for any other commission or appointment to which the seal of the state shall be affixed, two dollars and fifty cents; for each official certificate, one dollar; for administering each oath, fifty cents; for filing and recording each certificate of incorporation, not exceeding five folios of one hundred words, two dollars and fifty cents; and for each additional folio, fifteen cents; for all transcripts or copies of papers and records, fifteen cents per folio of one hundred words; and he shall not deliver any such commission, or file or record any such certificate, or do any such official work until the fee or sum so fixed to be collected therefor, shall first be paid to him. He shall pay all fees and sums of moneys so collected by him, to the state treasurer monthly, taking the treasurer's receipt for the same, and shall make an itemized statement of all such collections, showing the amounts thereof, in his annual report for each year. Fees of clerk court treasury excess 1162. SEC. 2. The supreme court is hereby authorized to fix such fees for the services of the clerk of said court, supremixed by in causes pending therein, as to the court shall seem proper; over $200 to be such fees to be paid by the parties to a cause pursuant to paid into state law and the order of the court; if such fees so fixed shall exceed the sum of two thousand (2000) dollars annually, the excess thereof shall be paid into the state treasury by said clerk at the close of each fiscal year. Fees of district 1163. SEC. 3. The fees of district attorneys shall be as follows: In all civil cases a docket fee of five dollars; for attorney all collections for the state, when the amount collected is under five hundred dollars, five per cent.; over five hundred dollars, two and one-half per cent.; for every criminal trial or examination before a justice of the peace, or district |