of maniac or Custody of body him, it shall be lawful for the sheriff, or any constable, of furiously insane the county where such maniac may be found, to arrest and person. Inquisition of lunacy; notice and to whom. confine him in the county jail or other place, until an inquest can be had as provided in section one; if upon such inquest it shall be found that such person is a furious maniac, or is so disordered in his mind as to endanger his own person, or the persons or property of others, if allowed to go at large, it shall be lawful for the county court by an order to be entered of record, to commit such insane person to the county jail, to be there confined until discharged upon inquest, as provided in the preceding section: Provided, that upon application of any friend or relative of such maniac, and satisfactory proof that the applicant is such friend or relative and is a proper person to have the custody of such maniac, the county court shall order the body of such maniac to be delivered into the custody of such friend or relative. 1726. SEC. 29. No inquest of lunacy shall be held to be given of, under this chapter until at least ten days' previous notice thereof shall have been given to the alleged lunatic, by citation, issuing out of the county court, setting forth the time and place, when and where such inquisition will be had, and requiring the alleged lunatic to attend thereat: Provided, that this shall not prevent the arrest and confinement of any furious maniac, as provided in the preceeding section, pending such notice and inquest: And provided further, that if such alleged lunatic appear and consent to such inquest, the same may be had without such notice. No inquest shall be had as to the lunacy of any person charged with any criminal offense, until the like notice to the district attorney or other officer charged by law to prosecute such offense. Nothing in this chapter shall be so construed as to exempt the relatives and next of kin of any insane pauper, from their liability for his or her support; and all moneys expended by any county for the maintenance of any such insane person, under the provisions of this chapter, may be recov ered of the person or persons who are or may be liable by law for his or her maintenance. 1727. SEC. 30. All sums of money received into the support of insane; how state treasury, from the collection of the tax for the sup- Fund for expended. 1728. SEC. 31. Whenever any county shall hereafter Fund for support expend any sum of money in the necessary support, main- of insane; how tenance or preserving in custody of any lunatic pauper, such county shall be reimbursed from the fund for the support of the insane. The county commissioners of such county shall present an account of all such expenditures, expressing the items of such expenditure, the name of the pauper for whose support the same was made, and the time of such expenditure, to the auditor of the state, and together with such account they shall present the accounts of the person to whom such sum of money was paid, with attached thereto the affidavit of such person that such account is true and just, that the services charged for were actually and necessarily rendered in the support and keeping of such pauper, and that he hath received from such county payment therefor; also, together with said account shall be presented an exemplification of the record of the proceedings in the county court of such county, whereby such pauper was adjudged to be a lunatic, and a certificate from the county judge that such lunatic hath not been since adjudged sane as provided by law; provided, that such exemplification shall be filed and preserved by the auditor in his office, and at any subsequent presentation of any claim for the support of the same lunatic, it shall not be necessary to renew such exemplification. Upon the presentation of such account, verified as aforesaid, and upon proof, by the affidavit of two or more of such county commissioners, that such lunatic hath no estate, and no relation within the state, so far as known or believed by them, or none of sufficient ability to maintain him or her, the auditor, if nothing appears to show that such claim is fraudulent or factitious, shall allow the same, and draw his warrant upon the treasury for the amount so allowed, payable out of the insane fund. That until such of lunatic to, and keeping at asy lum of other states how expense paid (Amendment 1877.) Transportation time as the state of Colorado shall have provided a place for the custody and subsistence of lunatic paupers, the same shall be transported to some convenient asylum, either within or out of the limits of this state, where such pauper will receive such attention and treatment as she or he may require; the expense necessarily incurred in and about the transportation of such lunatic pauper, as well also his or her bills at the asylum, shall be borne and paid by the county of which such lunatic panper is a resident, the same upon proper vouchers, presented for that purpose, to be repaid to such county out of the state fund for the support of the insane. 1729. SEC. 32. Payment of such amonnts. Recovery of All such warrants shall be paid as other warrants are, in the order in which the same are presented. 1730. SEC. 33. If at any time after the payment of any moneys expend- such account for the support of any lunatic pauper, it shall ed for support of lunatic from relatives bound appear that such lunatic had, at the time, relations within for his support. the state, bound by law, and of sufficient ability, to support him or her, an action shall lie in behalf of the state to recover from such relative all such sums of money so expended. Construction of 1731. SEC. 34. The term lunatic, as used in this chapthe term lunatic. ter, shall be construed to include idiots, insane and distracted persons, and every person who by reason of intemperance, or any disorder or unsoundness of mind, shall be incapable of managing and caring for his own estate. CHAPTER LXII. MARKS AND BRANDS. AN ACT IN RELATION TO MARKS AND BRANDS UPON FLOUR, MEAL Be it enacted by the General Assembly of the State of Colorado: to procure ex use of mark or his or her or their brand or mark, and file the same for In what manner record in the office of the secretary of state; the same writ- clusive right and ing to be accompanied by a fac simile of such brand or brand. mark, and be acknowledged by at least one of the persons adopting the same, as deeds of land are acknowledged; Provided, that no person shall be permitted to file a mark or brand similar to any one previously filed. And it shall be the duty of the secretary of state to keep a book in his office for the recording of such brands and marks as aforesaid, and a certified copy of any such record by the secre- Fees of secretary tary of state shall be evidence in all courts of the making and recording and filing thereof and the contents; and the fees of the sec-of. retary of state for recording each certificate shall be five dollars. of state for filing certificate there Using or refilling of manufacturer 1733. SEC. 2. No person or persons whatever shall be permitted to use or refill any barrels, sacks or packages barrels, sacks, or with flour or other goods containing the brand or mark of ing the brand the manufacturer or dealer thereof for the purpose of deceiv- or dealer. ing the purchaser or consumer, or injuring the reputation of the manufacturer or his brand. lations of this 1734. SEC. 3. All persons who shall knowingly or Penalty for viowilfully violate any of the provisions of this act, shall be act. deemed guilty of a misdemeanor; and all persons convicted for such offense shall be fined not less than ten and no more than two hundred dollars; and the manufacturer shall be entitled to such damages as may be made to appear. Approved, January 24, 1877. CHAPTER LXIII. MARRIAGES. [Revised Statutes, Chapter LIX.] 1735. SECTION 1. Marriage is considered in law a civil contract, to which the consent of the parties is essential. 1736. SEC. 2. All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half, as well as the whole blood, and between uncles and nieces, aunts Marriage a civil contract. What marriages and nephews, and cousins of the first degree, are hereby insensuous and according to customs of New Mexico: void. Marriages declared to be incestuous and absolutely void; and all marriages between negroes and mulattoes, of either sex, and white persons, are also declared to be absolutely void. This section shall extend to illegitimate, as well as legitimate, children; provided, that nothing in this section shall be so construed as to prevent the people living in that portion of the state acquired from Mexico from marrying according to the custom of that country. Punishment for 'contracting or marriages con ing section. 1737. SEC. 3. Whosoever shall knowingly contract solemnizing marriage in fact, contrary to the prohibitions in the pretrary to preceed- ceding section, and whosoever shall knowingly solemnize any such marriage, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than fifty nor more than five hundred dollars, or imprisonment for not less than three months nor more than two years, or both, at the discretion of the court which shall try the cause. Validity of marriages contracted without this state. Bigamy 1738. SEC. 4. All marriages contracted without this state, which shall be valid by the laws of the country in and polygamy which the same were contracted, shall be held valid in all courts within this state; provided, nothing in this section shall be construed so as to allow bigamy or polygamy in this state. not allowed. Who may perform marriage ceremony. Marriage of parties under their majority consent of parents or guardian; penalty for violation of this section. 1739. SEC. 5. Any judge or justice of the peace, clergyman, or licensed preacher of the gospel, may perform the ceremony of marriage in this state. 1740. SEC. 6. No judge, justice of the peace, clergyman, preacher of the gospel, or other person, shall knowingly join in marriage, any male under the age of twentyone, or female under the age of eighteen years, without the consent of their parents, or guardian under whose care and government such minor may be; provided, if the parties desiring to be married have no parents or guardian in this state, then the person chosen to solemnize the marriage, shall exercise his own judgment in uniting them in marriage. Any person who shall knowingly violate the provisions of this section, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine not exceeding five hundred dollars. |