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النشر الإلكتروني

PRACTICE IN SUPREME COURT.

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SEC. 13. A legal tender of any such personal property shall discharge the maker of any such instrument Tender of for [from] all liability thereon, and the property thus discharges tendered is hereby declared to be vested in and belong 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 so 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 a lien on such tendered property for his reasonable trouble and the expenses of feeding or sustaining such property, until payment be made for such trouble and expense.

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SEC. 14. That sections one, four, five, six and seven of an act entitled "an act concerning bills of exchange Repealing and promissory notes, approved October 31st, A. D., 1861," be and the same are hereby repealed.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 force on and after the 1st day of May, 1865. Approved February 8th, 1865.

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Be it enacted by the Council and House of Representatives of Colorado Territory:

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Parties

SEC. 1. The party aggreived [aggrieved] by manifest and material error appearing of record, in any aggrieved. 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 therefor, be furnished by the clerk, with a certified copy of the record, which record, together, Clerk to with an assignment of the errors relied on for the furnish cer reversal of the judgement [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

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Court or Justice aforesaid, shall be of opinion that there is reasonable cause for allowing a writ of error the same shall be granted by order endorsed on the 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, that the prisoner may enter into recognizance, as provided 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 Supreme Conrt shall, by proper order, cause the original 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 [judg 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 provisions of this act, unless a majority of the Justices of said Court concur in respect to such punishment.

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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 sign and seal such bill of exceptions, then it shall be neglects to lawful for the suiter [suitor] or his attorney to make 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 Clerk shall Judge, or so attested and proved by affidavit, it shall thereupon be filed by the Clerk, and shall become a part of the record of such cause.

sign ex ceptions.

SEC. 4. All acts and parts of acts in conflict with the provisions of this act, are hereby repealed.

PAUPERS.

SEC. 5. This act shall take effect and be in force

from and after the passage thereof,

Approved February 8th, 1865.

93

AN ACT

PROVIDING FOR THE SUPPORT OF PAUPERS.

Be it enacted by the Council and House of Representatives of Colorado Territory:

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SEC. 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 Paupers become panpers from intemperance or other bad con- perance. duct, they shall not be entitled to support from any relation accept [except] parent or child.

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SEO. 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 parents of such poor person shall be next called on, upon first, 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 females, whilst their husbands live, shall not be liable to a suit.

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Shall give decent burial.

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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 Commissioners may make such allowance for board, nursing and medical aid, or burial expenses to the person or persons entitled thereto, as they shall deem just and equitable, aed order the same to be paid out of the 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.

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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 immediately preceeding his or her becoming so chargable, he or she shall be duly taken care of by the County Commissioners where he or she may be found, and it shall be take care of. the duty of the clerk of the County Commissioners to send notice by mail to the clerk of the County 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,

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

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PAUPERS.

amount

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other sufficient cause cannot be removed. then the county taking charge of such individual or individuals county may may sue for and recover from the county to which said recover individual or individuals belong, in any proper action, expanded. 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 residence of the party or the place where he or she 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.

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pauper into

SEC. 9. If any person shall bring and leave any Penalty for pauper or paupers in any county in this territory bringing a 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.

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quire land

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 levy a appropriate the same to the purchase of land not ex- tax, etc. ceeding the aforesaid six hundred and forty acres, and to erect and furnish buildings suitable for a poor house, and to put into operation and to defray the annual expenses of said poor house, should the labor.. of the inmates be inadequate thereto.

SEC. 13. Said County Commissioners are hereby

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