CHAPTER VIII.

AN ACT

To Provide for the Recovery of Property by Writs of Replevin.

SEC. 1. Be it enacted by the General Assembly of the Provisionl Government of the Territory of Jefferson, the Governor approving:-That when the object of the action is to recover the possession of personal property, the petition must in all cases be under oath.

SEC. 2. It must state that the property (describing it) is wrongfully detained by the defendant, that the plaintiff is entitled to the present possession thereof, and that it was not taken from him by any legal process; it must also state the alleged cause of detention according to his best belief and knowledge, and also the value of the property.

SEC. 3. He shall also execute a bond to the defendant, with sureties, to be approved by the clerk, in a penalty at least equal to twice the value of the property sought, conditioned that he will appear at the next term of the court and prosecute his suit to judgment, and return the property if a return be awarded, and also pay all costs and damages that may be adjudged against him; this bond shall be filed with the clerk of the court, and is for the use of any person injured by the proceedings.

SEC. 4. The clerk shall thereupon issue a writ of replevin directed to the sheriff, to take the property therein described and deliver the same to the plaintiff; the ordinary original notice also to be served on the defendant in the usual manner.

SEC. 5. In obedience to such writ, the sheriff must forthwith take possession of the property if in the possession of the defendant or his agents, for which purpose he may break open any dwelling house or other inclosure, having first demanded entrance and exhibited his authority if required.

SEC. 6. If a third person claim the property, he must be made a co-defendant.

SEC. 7. If the property sought be not obtained, the plaintiff, if he establishes his right thereto, shall recover the value of that right, whether obtained or not, he shall recover the damages he has sustained in consequence of the legal detention thereof.

SEC. 8. If the plaintiff fail to establish his right to the property, the defendant shall recover such damages as under the circumstances he shows himself entitled.

SEC. 9. Justices of the Peace shall have jurisdiction of action and remedies under this act, in cases where the value of the prop

erty in dispute does not exceed two hundred dollars, under the same rules and regulations as other cases, and subject to appeal under the same rules.

Approved November 25th, 1859.

CHAPTER IX.

AN ACT

For Districting the Territory.

SEC. 1. Be it enacted by the General Assembly of the Provi sional Government of the Territory of Jefferson, the Governor approving: That the counties of St. Vrain, Jackson, Heele, Cheyenne and North, be and the same are hereby declared to be the first council district, and entitled to one member of the council. SEC. 2. The county of Jefferson is hereby declared the second district, and is entitled to one councilman.

SEC. 3. The county of Arrappahoe is the third district, and is entitled to two councilmen.

SEC. 4. The counties of Fountain and El Paso are the fourth district, and entitled to one councilman.

SEC. 5. The counties of Park and Saratoga are the fifth district, and entitled to one councilman.

SEC. 6. The county of Mountain is the sixth district, and entitled to two councilmen. Said county may be subdivided by the county court, and each subdivision may have one councilman.

SEC. 7. The counties of St. Vrain, Cheyenne, Heele, and North, be and are hereby created into Representative district number one, and entitled to one representative.

SEC. 8.

The county of Jackson is hereby made to be district number two, and has one representative.

SEC. 9. The county of Jefferson is hereby made district No. three, and entitled to three representatives.

SEC. 10. The county of Mountain is entitled to six representatives, and is number four-provided that upon petition from the people, the county court may subdivide said county into subdivisions and apportion one representative to each subdivision.

SEC. 11. The county of Arrappahoe is entitled to four representatives, and is district number three, and may be subdivided by the county court into four subdivisions, and one representative to each subdivision.

SEC. 12. The county of Saratoga is entitled to two representatives, and is district number six, and may be subdivided by the county court, and apportion one representative to each subdivision.

SEC. 13. Park county is entitled to two representatives, and is district number seven, and may be subdivided by the county court, and one representative apportioned to each.

SEC. 14. El Paso county is entitled to one representative, and is district number eight.

SEC. 15. Fountain county is entitled to one representative, and is district number nine.

SEC. 16. The general annual election of the Territory shall be held on the first Monday of October, A. D. 1860, and annually thereafter.

SEC. 17. The members of the Council and House of Representatives of this Territory, shall be elected on the first Monday of October, A. D. 1860, and annually thereafter. Approved December 7th, 1859.

CHAPTER X.
AN ACT

Defining the Boundaries of Counties and for other purposes.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That a county to be called Cheyenne, be and is hereby erected, including that portion of territory lying within the following limits: commencing in the main channel of the south fork of the Platte River, where the 104th meridian of west longitude crosses the same, thence north with said 104 meridian of longitude to where the same crosses Lodge Pole Creek, thence west up the main channel of said creek to the summit of the Black Hills; then south upon the summit of said Hills to the north west corner of Heele county, thence east along the north line of said county to its north east corner; thence south to the Cache La Poudre Creek, thence south down the main channel of said creek to its junction with the South Platte River, thence down the main channel of the Platte to the place of beginning.

SEC. 2. Be it further enacted, That the territory comprised within the following limits, be erected into a county called St. Vrain's commencing in the main channel of the south fork of the Platte River, where the 104th meridian of west longitude crosses

the same, thence up the main channel of said stream to the mouth of the Cache la Poudre, thence up the main channel of the Cache la Poudre to the east line of Heele county, thence south to the 40th parallel of north latitude; thence east on said parallel to the 104th meridian of west longitude, thence north on said meridian to the place of beginning.

SEC. 3. Be it further enacted, That the territory comprised within the following limits, be erected into a county to be called Arrappahoe county: commencing at a point where the 40th parallel of north latitude crosses the 104th meridian of west longitude; thence west on said parallel to the centre of the main channel of the south fork of the Platte River, thence upon the main channel of said stream to the mouth of Clear Creek; thence up the main channel of Clear Creek to the mouth of Ralston's Creek; thence in a straight line to a point where Montana Creek joins the main channel of the Platte; thence up the main channel of said stream to the mouth of the canon at the base of the mountains, thence on the main divide between the waters of the Arkansas and the Platte River, to where the 104th meridian of longitude crosses the same, thence north on said meridian to the place of beginning.

SEC. 4. Be it further enacted, That the territory comprised within the following limits be erected into a county to be called El Paso county: commencing in the main channel of the south fork of Platte River, at the south west corner of Arrappahoe county, thence easterly on the main divide between the head waters of the Arkansas and Platte Rivers twenty-five miles; thence south seventy-five miles; thence west to the summit of the Rocky Mountains; thence northwardly on the said range to the south Platte River, thence down the main channel of said stream to the place of beginning.

SEC. 5. Be it further enacted, That the territory lying south of the main divide, between the headwaters of the Arkansas and the south Platte River, and lying east of the summit of the Rocky Mountains, and not included in El Paso county, be erected into a county to be called Fountain county.

SEC. 6. Be it further enacted, That the territory comprised within the limits of what is known as the South Park, be erected into a county to be called Park county.

SEC. 7. Be it further enacted, That the territory comprised within the limits of what is known as the Middle Park, be erected into a county called Saratoga.

SEC. 8. Be it further enacted, That the territory comprised within the limits of what is known as the North Park, be erected into a county to be called North county.

SEC. 9. Be it further enacted, That the territory comprised within the following limits, be erected into a county to be called Jefferson: commencing at a point on the 40th parallel of north latitude where it is crossed by the main channel of the south fork of the Platte River, thence up the main channel of said stream to the mouth of Clear Creek, to the mouth of Ralston's Creek; thence in a straight line to the point where the main channel of Montana Creek joins the south fork of the Platte, thence up said river to the mouth of the canon at the base of the mountains; thence west eight miles; thence north to where said line would intersect the south line of Jackson county; thence east to the south east corner of said Jackson county, thence north to the 40th parallel, thence east to the place of beginning.

SEC. 10. Be it further enacted, That the territory comprised within the following limits, be erected into a county to be called Jackson; commencing at a point on the 40th parallel, known in the field notes of the government surveys as the south east corner of Town 1, Range 1, North, 69 West of the 6th principal meridian, thence running south nine miles, thence north to the 40th parallel, thence west to the South Range, thence north 18 miles, thence to the north east corner of Town 3 North Range 69 West; thence south to the place of beginning; and also that the county seat be permanently located at Boulder City.

SEC. 11. Be it further enacted, That the territory comprised within the following limits, be erected into a county to be called Heele: commencing at the south east corner of Town Range 4, North 69 West; thence north to the north east corner of Town 69 West Range 10 North, thence west to the summit of the Rocky Mountains; thence southwardly to the north west corner of Jackson county; thence east to the place of beginning.

SEC. 12. Be it further enacted, That the territory lying south of the 40th parallel and not comprised within the limits of Park, Saratoga, Jefferson, or Jackson counties, be erected into a county to be called Mountain county.

Approved November 28th, 1859.

CHAPTER XI.

AN ACT

To provide for the Organizing of Precincts and electing the Officers thereof.

SEC. 1. Be it enacted by the General Assembly of the Provi sional Government of the Territory of Jefferson, the Governor approving:-It shall be the duty of the County Courts in their