his behalf in the trial of the cause, shall not be permitted to give evidence of the contents thereof by a competent witness or witnesses, until said party, his agent or attorney, shall first make oath to the loss or destruction thereof, and to the substance of the same. For perpetuation of testimony and depositions contained in Chapter XXX, Revised Statutes, see Code of Civil Procedure. Pro.ision of CHAPTER XXXIII. EXECUTIVE DEPARTMENT. AN ACT TO PROVIDE FOR THE EXPENSES OF THE LEGISLATIVE EXEC- WHEREAS, it is provided in section 19 of article 5 of the constitution, that no act of the general assembly shall take effect until ninety (90) days after its passage unless in case of emergency, (which shall be expressed in the preamble or body of the act;) and WHEREAS, the legislative, executive and judicial departments are entirely unprovided with the means of procuring suitable rooms, stationery, fuel, light, printing, and other articles and things necessary for their convenience and use, and also that in the opinion of this general assembly, it is a case of emergency as contemplated in said section of the constitution. Therefore, Be it enacted by the General Assembly of the State of Colorado: 1086. SECTION 1. That the secretary of state is hereby rooms for legis- authorized and required to procure for the immediate use of the legislative, executive and judicial departments of printing, station- the state of Colorado, convenient and commodious rooms, lative, executive and judicial departments, ery, etc., by by advertise ment and contract. Secretary to be supplied with proper furniture and articles of use for such departments of state. In providing rooms for executive and judicial departments it shall be on the basis of occupation until the meeting of the general assembly, 'in the year 1881. He shall also procure and furnish the necessary books, statutes, stationery, printing, fuel, light, and other articles for the use of the legislative, executive and judicial departments, and provide for printing, binding and distributing the laws, journals, and department reports, and other printing and binding which may be ordered by the general assembly or either house thereof. He shall immediately advertise for bids to provide and furnish such rooms, furniture and articles of use therein, necessary for furnishing and fitting up the same, and for providing such statutes, stationery, fuel, light and other articles, and doing the printing necessary for supplying the wants of the said several departments; said adadvertisement or advertisements to be inserted in two daily newspapers for two successive days. And such rooms, statutes, stationery, furniture, fuel and other articles, which may be ordered or required as aforesaid, shall be provided, supplied and furnished within two days after the last day of said advertisement, and the contract or contracts therefor shall be given to the lowest responsible bidder as in this act provided, subject to the approval of the governor and state treasurer. paid for articles contract. 1087. SEC. 2. The maximum price to be paid for any Prices to be article purchased under such contract or contracts and for furnished on such printing and binding shall not exceed the current wholesale prices for such articles, printing and binding, severally, in the city of Denver on the day of receiving said bids. 1088. SEC. 3. This act shall take effect from and after its passage. Approved, November 20, 1876. Emergency. AN ACT TO PRESCRIBE CERTAIN POWERS AND DUTIES OF THE OFFI- Be it enacted by the General Assembly of the State of Colorado: ARTICLE I. transacted. 1089. SECTION I. The governor shall keep his office Where business at the seat of government, in which shall be transacted of the executive the business of the executive, and he shall keep a secretary at said office during his absence. Executive' journal. Military record. Rewards for apprehension of fugitives from justice. Employment of counsel to assist ing rights or 1090. SEC. 2. He shall cause a journal to be kept in the executive office, in which shall be made an entry of every official act done by him, at the time when done. If in case of an emergency, acts are done elsewhere than in such office, an entry thereof shall be made in the journal as soon thereafter as possible. 1091. SEC. 3. He shall cause a military record to be kept, in which shall be made an entry of every act done by him as commander in chief of the militia. 1092. SEC. 4. Whenever the governor is satisfied that the crime of murder or arson has been committed within the state, and that the person charged therewith has not been arrested, or has escaped therefrom, he may in his discretion offer a reward not exceeding one thousand dollars for the arrest and delivery to the proper authorities of the person so charged, which reward, upon the certificate of the governor that the same has been earned, shall be audited and paid by the state out of any funds appropriated for such purpose. 1093. SEC. 5. Whenever the governor is satisfied that in actions affect- an action or proceeding has been commenced which may interests of state. affect the rights or interests of the state, he may, by and with the consent of the attorney general, employ counsel to assist the proper officer to protect such rights or interests; and when any civil action or proceeding has been or is about to be commenced by the proper officer in behalf of the state, he may employ additional counsel to assist in the cause. Payment of ex 1094. SEC. 6. Expenses incurred under the preceding penses incurred. section, and in causing the laws to be executed, may be allowed by the governor, and upon his certificate, shall be audited and paid from the general contingent fund. Reports of state officers. Devolution of powers, duties and salary. 1095. SEC. 7. The governor shall transmit all reports or copies of the same, received by him from the officers of the state, to the general assembly at the commencement of each regular session thereof. 1096. SEC. 8. Whenever, by the impeachment of the governor, his removal from office, death or resignation, or absence from the state, the powers and duties of his office shall devolve upon the lieutenant governor, the salary of the governor shall cease, and the same shall be received by the lieutenant governor as a full compensation for his services, until such disability shall cease; and during the time that the lieutenant governor shall act as governor, the duties and powers of the lieutenant governor shall devolve on the president of the senate pro tem, who shall receive the salary of the lieutenant governor during such term of service. of public lands is entitled. 1097. SEC. 9. The governor is hereby authorized and Proceeds of sales empowered to receive from the treasury department of the to which state United States, from time to time as he shall see fit to draw for the same, the five per centum of the net proceeds of sales of the public lands to which this state is or shall be entitled, pursuant to the act of congress approved March 3, 1875, and to execute the proper vouchers therefor. And upon the receipt of said moneys he shall forthwith pay the same into the treasury. ARTICLE II. of secretary 1098. SECTION 1. The secretary of state shall keep office and duties his office at the seat of government, and perform all the of state. duties which may be required of him by law; he shall have charge of and keep all the acts and resolutions of the territorial legislature, and of the general assembly of the state, the enrolled copy of the constitution of the state, and all bonds, books, records, maps, registers and papers of a public character, which now are or may hereafter be deposited, to be kept in his office. Care of state 1099. SEC. 2. He shall have charge, care and custody of the property of the state, when no other provision is property. made. and registering 1100. SEC. 3. All commissions issued by the gov-Countersigning ernor, shall be countersigned by the secretary of state, commissions. who shall register each commission in a book to be kept for that purpose, specifying the office, name of officer, date of commission and term of office. Disposition of 1101. SEC. 4. All moneys and fees received by the secretary of state by virtue of his office, except his salary moneys and fees. as such secretary of state, shall be paid by him into the state treasury on the first Monday of each month. Appointment of deputy. Duties of attor ney general. Same. Opinions in tions of law. 1102. SEC. 5. The secretary of state may appoint a deputy to act for him whenever he may deem it necessary, who shall have full authority to act in all things relating to the office; Provided, that the secretary shall be responsible for all acts of such deputy, and shall provide for his compensation without cost to the state. ARTICLE III. 1103. SECTION I. The attorney general shall attend in person at the seat of government during the session of the general assembly and the supreme court; and shall appear for the state, prosecute and defend all actions and proceedings, civil and criminal, in which the state shall be a party or interested, when required to do so by the governor or general assembly, and shall prosecute and defend for the state all causes in the supreme court in which the state is a party or interested. 1104. SEC. 2. It shall be the duty of the attorney general, at the request of the governor, the secretary of state, the treasurer or auditor, to prosecute and defend all suits relating to matters connected with their departments. 1105. SEC. 3. When requested, he shall give his opinwriting on ques-ion in writing upon all questions of law submitted to him by the general assembly, or either house thereof, governor, lieutenant governor, auditor, secretary of state, treasurer or superintendent of public instruction. Drafts for cORtracts, forms, etc. Disposition of state moneys received by him. Records to be kept by. 1106. SEC. 4. He shall when required, prepare drafts for contracts, forms and other writings which may be required for the use of the state, and shall report to the general assembly or governor when requested, upon any business pertaining to his office. 1107. SEC. 5. All moneys received by him belonging to the state, or received in his official capacity, shall be paid forthwith into the state treasury. 1108. SEC. 6. He shall keep in proper books a record of all official opinions, and a register of all actions prosecuted and defended by him, and of all proceedings had in relation thereto, which book shall be delivered to his suc cessor. |