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the accused shall by testimony explain the case 'made by the people in a manner consistent with good faith and an

innocent purpose.

2601. SEC. 25. Chapters fifty-eight and eighty of the revised statutes of Colorado territory, and sections 1, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 of an act approved February 9, 1872, regulating the branding, herding and care of stock, and all the acts of the year A. D. 1874 relating to stock, except section one of an act approved February 13, 1874, entitled "An act to amend an act entitled an act regulating the branding, herding and care of stock," approved February 9, 1872, are hereby repealed; and all the acts contained in the session laws of the eleventh session of the legislature of said territory, relative to stock, are hereby repealed, except an act approved January 28, 1876, entitled an act to amend sections one and two of an act entitled an act to amend division six, chapter twenty-two of the revised statutes of Colorado territory, entitled "Criminal Code," approved February 11, 1874.

Approved, March 22, 1877.

Repeal.

2602.

CHAPTER XCVII.

SUPREME COURT.

[Revised Statutes, Chapter LXXXI ]

for want of quo

ments to speci

SECTION I. If there shall not be a quorum of Adjournments the justices of the supreme court present on the first day of rum; adjournany term, the court shall be, and stand adjourned from day fed day. to day until a quorum shall attend; and said court may, there being a quorum present, adjourn to any day specified, is may be deemed advisable.

process.

2603. SEC. 2. All process issued out of the supreme Issue, execution court shall bear test in the name of the chief justice, be and return of signed by the clerk of the court, sealed with its seal, and nade returnable according to law or the rules and orders of he court, and shall be executed by the officer to whom the iame is directed.

Rules of prac

tice, forms of

2604. SEC. 3. The supreme court may, from time to

process and reg- time, institute rules of practice, and prescribe forms of pro

ulation of rec

ords and proceedings.

Manner in which

given.

cess to be used, and regulations for the keeping of the records and proceedings of the court, not inconsistent with the constitution or laws of this state.

2605. SEC. 4. The opinion of the justices of the supreme opinion shall be court on any matter pending before it, shall be given in writing and filed with the other papers in the cause; and when the justices are divided in opinion in any case, the final order therein shall state which of the justices agree to it.

Appointment

and compensa.

2606. SEC. 5. The supreme court shall be authorized tion of reporter. to appoint a reporter of its decisions; the compensation of such reporter shall be as may be regulated by law.

Continuance of

2607. SEC. 6. All matters, suits and causes undisposed causes undispos of at any term of the supreme court, shall stand continued to the next succeeding term.

ed of it any

time.

2608. SEC. 7. No justice of the supreme court shall Justices prohit practise as an attorney at law, or solicitor in chancery, in

ited from practicing as attorneys.

any of the courts of the state, nor give advice touching any cause pending or to be brought therein.

Sheriff to be

cer; attendance

AN ACT TO PROVIDE A BAILIFF FOR THE SUPREME COURT, AND TO
REGULATE THE COMPENSATION OF SUCH OFFICER.

Be it enacted by the General Assembly of the State of Colorado: 2609. SECTION I. That the sheriff of the county in ministerial offi- which the seat of government is or may hereafter be located, in person or by shall be the ministerial officer of the supreme court, to attend its sittings in person, or by one deputy or bailiff appointed by him, who shall attend the said court and the judges thereof during every term of said court.

deputy.

In what case bailiff may be appointed; powers.

2610. SEC. 2. If the sheriff shall neglect to attend the said court or judges, either in person or by his deputy or bailiff, the said court may appoint a bailiff, who shall exercise all the powers of the sheriff in like case during the residue of the term at which he shall be appointed.

2611. SEC. 3. The said sheriff, or the bailiff so ap pointed, shall receive for each day's attendance two dollars

sheriff or bailiff.

and fifty cents, which shall be paid to him at the end of each Compensation of term of the court, upon the certificate of the chief justice, out of any moneys in the state treasury appropriated for that purpose.

2612. SEC. 4. Whereas, there is no officer now authorized by law to open or adjourn the said court, or attend its sittings, and preserve order therein, in the opinion of the general assembly, it is an emergency contemplated by section nineteen of article five of the constitution; therefore, this act shall take effect and be in force from and after its passage.

Approved, December 18, 1876.

Emergency.

AN ACT TO PROVIDE FOR THE HOLDING OF TWO OR MORE TERMS OF
THE SUPREME COURT OF THE STATE OF COLORADO, ANNUALLY,
AND TO MAKE CERTAIN REGULATIONS INCIDENT THERETO.

Be it enacted by the General Assembly of the State of Colorado:

Terms; when

held.

2613. SECTION 1. That there shall be held each year at the seat of government of this state, two regular terms and where to be of the supreme court, one to begin on the first Tuesday of April, and the other to begin on the first Tuesday of December.

2614. SEC. 2. Special terms of said court may be called under such general rules and regulations as may hereafter be adopted by said court.

Special terms.

Causes pending under territorial

2615. SEC. 3. All causes now pending or heretofore begun to the February term of said court as heretofore laws. fixed under the laws of the territory of Colorado, shall be deemed and held to be begun and pending to the first term of said court to be held under the provisions of this act.

be considered

2616. SEC. 4. All causes pending in the supreme court of the territory of Colorado at the time of the adop- What causes to tion of the state constitution, in which abstracts and briefs before first term have heretofore been filed by the parties respectively, shall be deemed and taken to be submitted to the court as now constituted, and may be taken up and considered by the

to be held under this act.

Emergency.

judges of the said supreme court elected under the constitution before the first term of said court under this act, and may be finally decided and disposed of at said term.

2617. SEC. 5. Inasmuch as there is much business now requiring the attention of said court, and doubt and uncertainty exists as to when the same can receive such attention, and the business of said court be proceeded with, this general assembly is of the opinion that an emergency exists requiring this act to take effect without delay, and .therefore this act shall take effect and be in force immediately.

Approved, January 4, 1877. '

Style and device of seal.

Procuring of

seal.

AN ACT TO PROVIDE A SEAL FOR THE SUPREME COURT OF THE
STATE OF COLORADO.

Be it enacted by the General Assembly of the State of Colorado:

2618. SECTION I. The seal of the supreme court of the state of Colorado shall be one and three-quarter inches in diameter, with a device inscribed thereon, as follows: Upon a ground of white the figure of Justice sitting faced to the left, but with body and face inclined to the front, arms outstretched, and holding in her left hand the scales and in her right hand the sword of justice. Upon the left, and just above the ground, shall appear the rising sun, with golden rays proceeding therefrom. On the right, and resting upon the ground, a shield, having inscribed thereon the coat of arms of the state of Colorado, the upper part of the shield leaning upon the figure of Justice; upon the right of the shield a vine extending from the ground to the top of the shield; above the inscription and around the edge of the seal shall be the words "supreme court;" below the inscription, and around the edge of the seal, shall be the words "state of Colorado," engraved thereon.

2619. SEC. 2. The secretary of state is hereby authorand payment for ized and required to procure for the use of the supreme court a seal as described in section one of this act, and the auditor of state is hereby authorized to audit the bill for

the same, and to draw his warrant on the state treasurer for the amount of said audited bill.

2620. SEC. 3. All acts and parts of acts inconsistent with this act are hereby repealed.

Approved, February 10, 1877.

Repeal.

AN ACT RELATING TO THE SUPREME COURT LIBRARY.

Be it enacted by the General Assembly of the State of Colorado:

Clerk of su

2621. SECTION I. That hereafter the clerk of the supreme court shall have charge and custody of the books preme court despertaining to the library of the supreme court.

2622. SEC. 2. It shall be the duty of the said clerk and librarian to keep his office open every day in the year, Sundays and holidays excepted, from nine o'clock A. м. until five o'clock P. M. of each day, so that the public may have access to said library, under such rules and regulations as the supreme court may prescribe.

ignated as librarian.

Duties of librarian.

Disposition of

and statutes re

ceived from

other states.

2623. SEC. 3. The state librarian and all other officers who shall hereafter receive, for public use, from any other books of reports state or territory, or any officer thereof, or any other person, any book of judicial reports or public statutes, or any other book of laws, shall forthwith cause one copy of such books of statutes, and all of such books of reports, and other books of law, to be deposited in the library of the supreme court, there to remain unless the same may have been sent to some office of the executive department, in which event it shall remain permanently in that office. The librarian of the state shall, forthwith, after the passage of this act, cause one copy of all the public statutes now pertaining to the state library, and all of the several books of judicial reports, and other books of law now pertaining to the library of the state, to be delivered to the clerk of the supreme court, to be deposited in the library of the court, there to remain; provided, copies of such books are not already in such court library.

2624. SEC. 4. That an act to amend an act entitled "an act concerning the library of the supreme court," ap

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