District court to serted and absented himself or herself from the husband or wife, without any reasonable cause, for the space of one year, or that a husband has wilfully deserted and absented himself from his wife and departed from this state, without any intention of returning, or that either party has been guilty of habitual drunkenness for the space of two years, or been guilty of extreme cruelty, or been convicted of felony, or other infamous crime, it shall be lawful for the injured party to obtain a divorce and dissolution of such marriage contract, but no such divorce shall in anywise affect the legitimacy of the children of such marriage, except in case where the marriage shall be declared void on the ground of a prior marriage. 918. SEC. 2. The district court sitting as a court of have jurisdiction chancery, shall have jurisdiction in all cases of divorce and alimony, by this chapter allowed; and the like process, practice and proceedings shall be had, as are usually had in other cases in chancery, except as is hereafter provided, and except that the answer of the defendant need not be under oath. What residence required to ant to sue. 919. SEC. 3. No person shall be entitled to a divorce, entitle complain- in pursuance of the provisions of this chapter, who has not resided in this state one whole year previous to filing his or her bill, unless the offense or injury complained of was committed within this state or whilst one or both of the parties reside in this state. No divorce of collusion, or adultery committed by both parties. proof to be taken 920. SEC. 4. If it shall appear that the injury comgranted in case plained of was occasioned by collusion of the parties, for the purpose of obtaining a divorce, or that both parties have been guilty of adultery, when adultery is the ground of complaint, then no divorce shall be decreed. 921. SEC. 5. Trial by jury if In all cases for a divorce, where the debill denied; if confessed, how fendant shall appear and deny the charges in the complainant's bill alleged, the same shall be tried by a jury; but if the bill is taken for confessed, the court may proceed to a hearing of the cause by examination of witnesses in open court, or may refer the cause to the master in chancery to take proofs, but any marriage which may have been celebrated in any foreign state or country, may be found by the acknowledgment of the parties, their cohabitation, or other circumstantial evidence. maintenance of custody of 922. SEC. 6. When a divorce shall be decreed, it shall Alimony and and may be lawful for the court to make such order touch- wife; care and ing the alimony and maintenance of the wife, the care and children. custody of the children, or any of them, as from the circumstances of the parties and the nature of the case, shall be fit, reasonable and just; and in case the wife be coinplainant, to order the defendant to give reasonable security for such alimony and maintenance, or may enforce the payment of such alimony and maintenance, in any other manner consistent with the rules and practice of the court, and may also grant alimony pendente lite; and the court may on application from time to time, make such alteration in the allowance of alimony and maintenance as shall appear reasonable and proper. When woman to out costs. 923. SEC. 7. Any woman suing for a divorce, who shall make it appear to the court that she is poor and unable prosecute withto pay the expenses of such suit, shall be allowed by the court to prosecute her suit without costs, and in such cases, no fees shall be charged by the officers of the court. 924. SEC. 8. The same rule of proceeding shall be Rules of rohad as in other cases in chancery, and upon the hearing, in other the court shall have the power to decree a dissolution of the bonds of matrimony, if the causes mentioned in this chapter are proven to exist. ceeding same as chancery cases. AN ACT TO LEGALIZE THE PROCEEDINGS OF PROBATE COURTS OF Be it enacted by the General Assembly of the State of Colorado: AND WHEREAS, doubts exist as to the validity of said proceedings, and as to the right of said courts to exercise jurisdiction in the said matters; THEREFORE, be it enacted, as aforesaid: 925. SECTION I. That all proceedings of any probate Proceedings heretofore had in probate courts, legalized. courts, the jurisdiction of which is or may be questioned as aforesaid, heretofore had in any case' so far as the same or any part thereof relate to the matters aforesaid, and to the jurisdiction of the courts therein, be and the same are in all respects legalized. Approved, March 1, 1877. Qualifications of electors. Same. Residence gained or lost. CHAPTER XXX. ELECTIONS. AN ACT REGULATING ELECTIONS, AND REPEALING ALL TERRITORIAL Be it enacted by the General Assembly of the State of Colorado: QUALIFICATIONS OF ELECTORS. 926. SECTION 1. Every male person over the age of twenty-one years, possessing the following qualifications, shall be entitled to vote at all elections: First-He shall be a citizen of the United States, or not being a citizen of the United States, he shall have declared his intention, according to law, to become such citizen, not less than four months before he offers to vote. Second-He shall have resided in the state six months immediately preceding the election at which he offers to vote, in the county thirty days, and in the ward or precinct ten days; provided, that no person shall be denied the right to vote at any school district election, nor to hold any school district office on account of sex. 927. SEC. 2. No person under guardianship, non compos mentis, or insane, shall be qualified to vote at any election, nor shall any person while confined in any public prison be entitled to vote, but every such person who was a qualified elector prior to such imprisonment, and who is released therefrom by pardon, or by having served out his full term of imprisonment, shall be invested with all the rights of citizenship, except as provided in the constitution. 928. SEC. 3. For the purposes of voting and eligibility to office, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while in the civil or military service of the state, or of the United States, nor while a student at any institution of learning, nor while kept at public expense in any poor-house or other asylum, nor while confined in public prison. Engibility to 929. SEC. 4. Every qualified elector shall be eligible THE TIME FOR HOLDING ELECTIONS FOR STATE, DISTRICT AND . Time of general 930. SEC. 5. A general election shall be held in the several wards and precincts in this state on the first Tues- election. day of October, A. D. 1877, 1878 and 1879, and on the Tuesday succeeding the first Monday in November, A. D. 1880, and on the Tuesday succeeding the first Monday of November in every year thereafter. officers elected. 931. SEC. 6. At the general election, A. D. 1877, and what county every alternate year thereafter, there shall be elected in every county of the state the following county officers, to wit: One county clerk, who shall be ex officio recorder of deeds and clerk of the board of county commissioners; one sheriff, one coroner, one treasurer, who shall be collector of taxes; one county superintendent of schools, one county surveyor, and one county assessor. There shall also be elected in every county of the state, at the general election, A. D. 1877, and every third year thereafter, one county judge. officers shall be 932. SEC. 7. At the general election, A. D. 1878, and what state every alternate year thereafter, there shall be elected the elected. following state officers, to wit: One governor, one lieutenant governor, one secretary of state, one state treasurer, one auditor of state, one superintendent of public instruction, and two regents of the university; and in each representative district of the state, such members of the house of representatives as they may severally be entitled to. tatives. State senators shall be elected in every senatorial district, Senators. at the general election in the year when the term of office of senator shall expire in such district respectively; also, on the first Tuesday succeeding the first Monday of No State represen Representative in congress. Judge supreme court an district attorney. Presidential elec.ors. vember, A. D. 1878, and every alternate year thereafter, there shall be elected the number of representatives in congress to which the state may be entitled. 933. SEC. 8. At the general election, A. D. 1879, and every third year thereafter, there shall be elected one judge of the supreme court, and in each judicial district of the state, one district attorney. At the general election, A. D. 1880, and every fourth year thereafter, there shall be elected such a number of electors, of president and vice president of the United States, as the state may be entitled to in the electoral college, and at the general election, in 1882, and every sixth year thereafter, there District judges. shall be elected in each judicial district one judge of the district court. County commissioners. Justices and constables. Governor to fill vacancies. District attorney appointed by judge. Term of office commence 934. SEC. 9. At the general election, A. D. 1877, and annually thereafter, there shall be elected in each county of the state, one county commissioner, whose term of office shall be three years, and in each justice's precinct, except wards in incorporated cities, there shall be elected at the general election, A. D. 1877, and annually thereafter, one justice of the peace, and one constable, whose terms of office shall be two years; and all other officers, not herein specified, that now are, or hereafter may be created, shall, unless otherwise provided, be elected on the day of the general election. VACANCY IN OFFICE AND SPECIAL ELECTIONS. 935. SEC. IO. All vacancies in any state or county office, and in the supreme or district courts, unless otherwise provided for by law, shall be filled by appointment by the governor, until the next general election after such vacancy occurs, when such vacancy shall be filled by election, and the district judge shall fill all vacancies in the office of district attorney in his district, by appointment, until the next general election. 936. SEC. II. The regular term of office of all state, district and county officers, and of the judges of the supreme court, shall commence on the second Tuesday of January next after their election, except as otherwise provided by law. |