« السابقةمتابعة »
PRACTICE IN SUPREME COURT.
SEC. 13. A legal tender of any such personal prop-> erty shall discharge the maker of any such instrument Tondor of for (from) all liability thereon, and the property thus makers tendered is hereby declared to be vested in and belong Bisnis to the legal holder and owner of any such instrument of writing, and he may maintain an action for the recovery thereof or for damages, if the possession be subsequently illegally with-held (withheld] from him. Provided, however, If any such property 80 tendered shall be of a perishable nature, or shall require feeding or other sustenation, and the person owning and holding such instrument of writing be absent at the time of tendering the same, it shall be lawfull [lawful] ...!! for every person making such tender; to preserve, feed Disposition and otherwise take care of the same, and he shall have of prop a lien on such tendered property for his reasonable trouble and the expenses of feeding or sustaining such property, until payinent be made for such trouble and expense. 1. i r pm.in . it . ' 14
SEC. 14, That sections one, four, five, six and seven. of an act entitled "an act concerning bills of exchange Repoaling and promissory notes, approved October 31st, A. D., 1861," be and the same are hereby repealed, " ; ! )
Sec. 15. This act shall take effect and be in full To takati : force on and after the 1st day of May, 1865.
Approved February 8th, 1865.
Be it enacted by the Council and House of Representatives of Colorado Territory::. . . .. .. .in
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SEC. 1. The party aggreived [aggrieved] by mani.. fest and material error appearing of record, in any aggrievod. prosecution by indictment, may be relieved by writ of error, upon complying with the following terms: the party complaining that error has been committed shall on demand therefur, be furnished by the clerk, with a certified copy of the record, which record, together cl with an assignment of the errors. ' relied on for the furnish ceri reversal of the judgements (judgment,] shall be pre- of record sented to the Supreme Court, or to one of the Justices thereof, and, if after inspecting such transcript, the
lerk 10 101
of error is
Court or Justice aforesaid, shall be of opinion that not there is reasonable cause for allowing a writ of error When writ the same shall be granted by order endorsed on the of error 16 back of said transcript. Upon the allowance of such
writ of error as aforesaid, the Clerk of the Supreme Court shall issue a supersedeas to stay the execution of the sentence of the District Court; but the prisoner
shall not thereby be discharged from jail; Provided, Proviso. that the prisoner may enter into recognizance, as pro
vided by law in bailable cases. When any judgement [judgment], the execution of which has been stayed
by writ of error, as aforesaid, shall be affirmed, the When writ Supreme Conrt shall, by proper order, cause the origRot uljowed inal sentence of the District Court to be carried out,
and in capital causes fix the time of the execution of the prisoner, a copy of which order shall be sufficient authority to the Sheriff or other officer, for carrying
out of the original sentence and judgement [judgCapital
ment] of the District Court; and in capital cases the execution of any prisoner therein mentioned at the time specified.
Sec. 2. No punishment shall be inflicted in any
case brought before the Supreme Court under the proNo punisho visions of this act, unloss a majority of the Justices of Alcted, oto. said Court concur in respect to such punishment.
Sec. 3. In all cases in the District Court where
either party shall except to any ruling, decision or Judge shall opinion of the court and shall reduce such exception
or exceptions to writing, it shall be the duty of the Judge to allow the same, and to sign and seal the same at any time during the term of the Court at which such exceptions were taken, or at any time thereafter to be fixed by the Court. and at any time
when any Judge shall neglect or refuse to allow and Por sign and seal such bill of exceptions, then it shall be nogloots to lawful for the suiter (suitor) or his attorney to make ceptione. and attach to such bill of exceptions, the affidavit of
two or more attorneys of the Court, or other persons, who were present at the time of the trial, and when such exceptions were taken, stating that such bill of exceptions is correct and true; and when such bill of exceptions is so allowed and signed and sealed by the
Judge, or so attested and proved by affidavit, it shall dlou
thereupon be filed by the Clerk, and shall become a part of the record of such cause.
Sec, 4. All acts and parts of acts in conflict with the provisions of this act, are hereby repealed.
il Judo refuses or
Sec. 5. This act shall take effect and be in force from and after the passage thereof,
Approved February 8th, 1865.
PROVIDING FOR THE SUPPORT OF PAUPERS.
Shall forfne use of fobre each and it or refus
Be it enacted by the Council and House of Representatives
of Colorado Territory :
Sto. 1. Every poor person who shall be unable to earn a livelihood in consequence of any bodily infirmity idiocy, lunacy or other unavoidable cause, shall be supported by the father, grandfather, mother, grand- Pauper: mother, child, grandchild, brother or sister of such support. poor person, if they, or either of them, be of sufficient ability, And every person who shall fail or refuse to support his or her father, grandfather, mother, grandmother, child or grandchild, sister or brother when directed by the County Commissioners of the county where such poor person shall be found, whether such relative reside in the same county or not shall forfeit and pay to the said County Commission- refusing or ers, for the use of the poor of their county, the sum of twenty dollars for each and every month for which they or either of them shall fail or refuse, to be recovered in the name of the County Commissioners, for the use of the poor aforesaid, in any action of assumpsit, before any Justice of the Peace or other court having jusrdiction; Provided, that when any persons Paupero become panpers from intemperance or other bad con- perance. duct, they suall not be entitled to support from any relation accept [except) parent or child.
SEC. 2. The ehildren shall be first called on to support their parents, if they be children of sufficient ability, and if there be none of sufficient ability, the wh parents of such poor person shall be next called on, apon Arst. and if there be no parents or children, the brothers and sisters of such poor person shall next be called on, and if there be no brothers or sisters, the grandchildren of such poor person shall next be called upon
and then the grand-parents; Provided, Married 1 females, whilst their husbands live, shall not be liable
to a suit.
from in tom.
County to support, when.
County commissioners to givo assistance,
Sec. 3. When any such poor person shall not have any such relation in any couuty in this Territory as are named in the preceeding sections, or such relation is not of sufficent ability, or shall fail or refuse to maintain such pauper, then the said pauper shall receive such relief, as his or her care may require, out of the County Treasury in the manner hereinafter provided.
SEC, 4.' When any non- resident or any other person, not coming within the definition of a pauper, shall fall sick or die in any county of this Territory not having money or property to pay his or her board nursing and medical attendance, it shall be the duty of the County Commissioners, upon complaint being made to them or either of them, to give an order to be given such assistance to such poor person as they may deem just and necessary, and if said sick person shall die, then the said County Commissioners or Commissioner shall give an order to be given to such
person a decent burial, and the County CommissionShall give ers may make such allowance for board, nursing and
medical aid, or burial expenses to the person or persóns entitled thereto,' as they shall deem just and
equitable, aed order the same to be paid out of the ins , county treasury. . '
. ' " Sec. 5. Any person becoming chargable as a pauper in this territory, shall be chargable as such pauper
in the county in which he or she resided at the comchargable as mencement of the sixty days immediately preceeding
such person becoming so chargable. .'
SEC. 6. If any person shall become chargable in any county in which he or she did not reside at the
commencement of the sixty days immediateiy, pre--, 1. ceeding his or her becoming so chargable, he or she
shall be duly taken care of by the County CommisWho shall sioners where he or she may be found, and it shall be
of the duty of the clerk of the County Coinmissioners
to send notice by mail to the clerk of the County Pri vs Commissioners of the county in which such pauper
resided as before stated, that said person has become : chargable as a pauper and requesting the authorities of said last named county to remove said pauper forthwith, and to pay the expense accrued in taking care of him, her or them, Sokis in. .! **
SEC, 7. If said pauper, by reason of sickness or disease, or by neglect of the County Commissioners to which said county he or she belongs, or for any
take care of.
...95 other sufficient cause cannot be removed. then the county taking charge of such individual or individuals con may sue for and recover from the county to which said recover individual or individuals belong, in any proper action, expəndoa. before any court having competent jurisdiction, the amount expended for and on behalf of such pauper or paupers and in taking care of the same. :
SEC. 8. The term "residence” mentioned in this act shall be taken and considered to mean the actual Tho term residence of the party or the place where he or she is was employed, or in case he or she was in no employment then it shall be considered and held to be the place where he made it his or her home.'';
SEC. 9. If any person shall bring and leave any p pauper or paupers in any county in this territory bringloga wherein such pauper is not lawfully settled, knowing a connty. him or them to be paupers, he shall forfeit and pay the sum of two hundred dollars for every such offence to be sued for and recovered, by and to the use of such county, by action of debt, before any, court having competent jurisdiction, and the suit may be brought in the county where the pauper was so brought and
left and the process may be directed to and served by ... any proper officer in any county in this territory. - Sec. 10. The County Commissioners in each coun
ty in this territory are hereby authorized, whenever Poor house. -, they may deem it proper so to do, to establish a poor
house, and for that purpose to purchase or lease a
building upon such terms as they may deem best. . Sec. 11. The County Commissioners are hereby May ac-, authorized to acquire, in the name of the county, by
grant, device or purchase, any tract of land, not exceeding six hundred and forty acres, for the purposes
of said poor house. - SEC. 12. Said County Commissioners are hereby authorized and empowered to receive donations to aid in the establishment of such poor house, and are also empowered: from time to time, if they shall see fit, to levy and collect a tax, not exceeding five mills on the dollar, on the taxable property of the county, and to May lovy a appropriate the same to the purchase of land not ex- tax, etc;
ceeding the aforesaid six hundred and forty acres, and is. · to, erect and furnish buildings suitable for a poor
house, and to put into operation and to defray the s annual expenses of said poor house, should the labor ,,
Tabor, 5, of the inmates be inadequate thereto.
Sec. 13. Baid County Commissioners are hereby