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jurors and fore

1476. SEC. 17. Before the grand jury shall enter upon Oath of grand their duties, an oath or affirmation shall be administered to man. the foreman, as follows, to wit:

You, as foreman of this inquest, do solemnly swear (or affirm) that you will diligently inquire into, and true presentment make, of all such matters and things as shall be given you in charge, or shall otherwise come to your knowledge touching the present service; you will present no person through malice, hatred or ill-will, and that you leave no one unpresented through fear, favor or affection, or for any fee or reward or the hope or promise thereof; that you will keep secret your own council and that of your fellows touching the present service, and that in all your presentments you will present the truth, the whole truth and nothing but the truth, according to the best of your skill and understanding, so help you God.

And an oath or affirmation shall be administered to the grand jurors, as follows, to wit:

You and each of you do solemnly swear (or affirm) that you will well and truly keep and observe the oath that "A. B.," your foreman, has just taken before you, so help you God.

1477. SEC. 18. A grand jury shall consist of twelve Grand jury: forpersons, nine of whom shall assent to the finding of every mation of, etc. true bill. If any of those who may be drawn as grand jurors shall not be summoned, or being summoned, if any fail to appear, talesmen may be summoned to make up the number; and whenever, after a grand jury has been empanneled, it shall be necessary because of sickness or other cause to discharge a member thereof, the court shall cause another competent person to be summoned to take the place of him who was so discharged, and the person so summoned being sworn, shall, with his fellows, have full power and authority in like manner as if he had been first empanneled of the said jury, and no objection to the constitution of such jury for that cause shall be allowed.

1478. SEC. 19. If any person who shall be lawfully

ure of witness to appear before

grand jury when

Penalty for fail- Summoned to appear before any district court, as a grand or petit jury, shall fail, neglect, or refuse to appear as resummoned. quired by such summons, without reasonable excuse, he shall be deemed guilty of contempt, and shall be fined as the court may direct.

Impaneling of petit jury.

Trial of compe

1479. SEC. 20. Whenever it shall be necessary to empannel a jury for the trial of any civil or criminal case pending in the district court, the clerk of said court shall, by chance, draw from a box kept for that purpose, the names of a sufficient number of petit jurors to constitute such jury; and if the panel of petit jurors in attendance upon the court shall be exhausted before such jury shall be filled, talesmen may be summoned for the purpose of making up such jury.

1480. SEC. 21. If upon the trial of any issue of fact tency of juror. in any civil action, or any issue out of chancery, or of any indictment or information, either party shall desire to introduce evidence of the incompetency, disqualification or prejudice of any jurors selected or called for the trial of such issue, and who by the examination of such juror shall appear to be qualified, competent and unprejudiced, such evidence shall be heard, and the competency of such juror shall be determined by the court without the intervention of triers, and exceptions may be taken and shall be allowed to the questions and answers and decision of the judge as to the competency of such juror, and error may be assigned and prosecuted upon the rulings and decision of the court in relation thereto.

rand or petit rors drawn or iamoned uner previous law.

1481. SEC. 22. In case any term of court is holden within ninety days from the time this act takes effect, the grand and petit jurors for such term shall be drawn and summoned under the provisions of the law existing at the time of the passage of this act, and in case any grand or petit jury shall have been drawn by the court under existing law, such jurors shall be summoned for the term of court actually held following the drawing of such juries, and no term which shall have elapsed shall be counted or considered a term under the provisions of this act.

Approved, March 23, 1877.

CHAPTER LV.

JUSTICES AND CONSTABLES.

[Revised Statutes, Chapter L.]

the peace.

1482. SECTION 1. Justices of the peace shall have juris- Jurisdiction diction in their respective counties to hear and determine of justices of all complaints, suits and prosecutions, of the following description:

First-In actions of debt, on bonds, contracts, agreements, promissory notes, and other instruments in writing, in which the amount claimed to be due does not exceed three hundred dollars.

Second-In actions of assumpsit upon any contract or promise, verbal or written, express or implied, for a valuable consideration, in which the amount claimed does not exceed three hundred dollars.

Third-In suits brought for goods, wares or merchandise, sold and delivered; for work and labor done, or services rendered; for money had and received; for money lent; for money received by the defendant for the use of the plaintiff, or for money paid by the plaintiff for the defendant, at his request, in which the amount claimed to be due does not exceed three hundred dollars.

Fourth-In suits for money claimed to be due on unsettled accounts, in which the balance claimed to be due does not exceed three hundred dollars.

Fifth-In suits for money claimed to be due upon settled accounts, between individuals in which the balance ascertained to be unpaid, shall not exceed three hundred dollars.

Sixth-In all suits upon contracts or promises for rent, in which the amount claimed to be due does not exceed three hundred dollars.

Seventh-In actions for debt, for trespass in cutting timber, in which the amount claimed does not exceed three hundred dollars.

Eighth-In actions for money claimed to be due for specific articles of property, whether claimed to be due by bond, note or other instrument in writing, or upon a promise express or implied, in which the value of the property claimed does not exceed three hundred dollars.

Where original demand ex

ceeded three

Ninth-For all debts or demands claimed to be due, not exceeding three hundred dollars, in which the action of debt or assumpsit will lie.

Tenth-In all actions in which an executor or administrator is plaintiff, or for property purchased at an executor's or administrator's sale, where the amount claimed does not exceed three hundred dollars.

Eleventh―In all actions in which an executor or administrator is defendant, where the amount claimed does not exceed three hundred dollars.

Twelfth-In all actions of trespass on personal property. and of trover and conversion, in which the damages claimed do not exceed three hundred dollars.

Thirteenth-In all cases of assault, assault and battery and affrays, in which the people are plaintiffs, in which they, shall have exclusive original jurisdiction, unless in cases of cities or incorporated towns, in which jurisdiction is otherwise conferred by law.

Fourteenth-In all actions against sheriffs, coroners and constables for malfeasance, misfeasance or nonfeasance in office, wherein the amount claimed does not exceed three hundred dollars.

Fifteenth-In all actions of trespass to mining claims or other real property, in which the amount claimed does not exceed three hundred dollars.

1483. SEC. 2. In all suits provided for in the preceding section, the jurisdiction of the justice shall be deemed hundred dollars, to extend to cases in which the claim, debt, demand or but is reduced by credits.

Justices authorized to receive

money on de

mands in their

hands for collection.

damages may have originally exceeded the sum of three hundred dollars, but shall have been reduced by fair credits below that sum.

1484. SEC. 3. Justices of the peace, being duly quali fied according to law, are authorized and empowered, and it is hereby made their duty, to receive money on all notes and demands which may have been placed in their hands for suit or collection, and also upon all judgments rend dered by them prior to the issuing execution thereon.

1485. SEC. 4. It shall be the duty of every justice whenever a suit shall be commenced before him, to record in a book kept for that purpose, the names of the parties,

filing of papers.

the amount and nature of the debt sued for, the date and Record of proceedings of description of the process issued, and the name of the offi-justice, and cer to whom such process shall be delivered; and throughout the whole of the proceedings in any suit, it shall be his duty, whenever any process shall be issued or returned, or any order made, or judgment rendered, to make a written memorandum of the same, in the same book, and to file and safely keep all papers given him in charge.

Commencement of suit before justice; summons, form and

1486. SEC. 5. Every suit before a justice, except such as are hereinafter provided for in a different manner, shall be commenced by summons, which shall be in the follow-service of. ing form, as nearly as the case will admit, viz:

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

You are hereby commanded to summon A. B. to appear before me, at —, on the

day of

at o'clock, to answer the complaint of C. D.,' for a failure to pay him a certain demand, not exceeding three hundred dollars, and hereof make due return as the law directs. Given under my hand and seal, this

day of

18-.

-, J. P. [L. s.]

In which summons, the justice shall specify a certain place, day and hour, for the trial, not less than five nor more than fifteen days from the date of such summons, at which time and place the defendant is to appear; which process shall be served at least three days before the time of trial mentioned therein, by reading the same to the defendant or defendants; or in case the defendant is a corporation, by reading the same, and delivering a copy thereof to some officer, agent or clerk of such corporation; if such summons be returned "not served," the cause may be continued, and an alias summons issued, returnable in not less than five nor more than fifteen days from the date thereof, and such alias shall be served in like manner as original summons, not less than three days before the day set for the defendant's appearance.

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