cause which was shown on the return of such writ, shall forfeit five hundred dollars for the first offense, and one thousand dollars for every subsequent offense. To whose use covered. 1338. SEC. 16. All the pecuniary forfeitures under this chapter shall inure to the use of the party for whose penalties rebenefit the writ of habeas corpus issued, and shall be sued for and recovered, with costs, in the name of the state, by every person aggrieved. tion for such 1339. SEC. 17. In any action or suit, for any offense Plea in prosecuagainst the provisions of this chapter, the defendant or de- penalties. fendants may plead the general issue, and give the special matter in evidence. 1340. SEC. 18. The recovery of the said penalties shall Action for be no bar to a civil suit for damages. damages. Issuing of writs of habeas corpus for the purpose son to testify, or in discharge of bail. 1341. SEC. 19. The supreme and district courts within this state or the judges thereof, in vacation, shall have power to issue writs of habeas corpus, for the purpose of of bringing perbringing the body of any person confined in any jail within be surrendered the same, before them, to testify or be surrendered in discharge of bail. When a writ of habeas corpus shall be issued for the purpose of bringing into court any person to testify, or the principal, to be surrendered in discharge of bail, and such principal or witness shall be confined in any jail in this state out of the county in which such principal or witness is required to be surrendered or to testify, the writ may run into any county in this state, and there be executed and returned by any officer to whom it shall be directed, and the principal, after being surrendered or his bail discharged, or a person testifying as aforesaid, shall by the officer executing such writ be returned by virtue of an order of the court, for the purpose aforesaid, an attested copy of which, lodged with the jailer, shall exonerate such jailer from being liable for an escape. The party praying out such writ of habeas corpus shall pay to the officer executing the same, such reasonable sum for his services as shall be adjudged by the courts respectively. Designation of certain days. When holiday CHAPTER XLV. HOLIDAYS. AN ACT TO DESIGNATE THE HOLIDAYS TO BE OBSERVED IN THE Be it enacted by the General Assembly of the State of Colorado: 1342. SECTION I. That the following days, viz: the first day of January, commonly called New Year's day; the twenty-second day of February, commonly called Washington's birthday; the thirtieth day of May, commonly called Decoration day; the fourth day of July; the twenty-fifth day of December, commonly called Christmas day, and any day appointed or recommended by the governor of this state, or the president of the United States, as a day of fasting and prayer or thanksgiving, shall, for all purposes whatsoever, as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of bills of exchange, bank checks and promissory notes, made after this act, shall take effect, also, for the holding of courts, be treated and considered as is the first day of the week, commonly called Sunday; provided, that talls on Sunday, in case any of the said holidays shall fall upon a Sunday, falling due then the Monday following shall be considered as the said holiday, and all notes, bills, drafts, checks or other evidence of indebtedness, falling due or maturing on either of said days, shall be deemed as due, or having matured on the day previous to the first of said days; and in case the return or adjourned day in any suit, matter or hearing before any courts, shall come on any day before mentioned, such suit, matter or proceeding commenced or adjourned, as aforesaid, shall not by reason of coming on any such day, abate, but the same shall stand continued on the next suits in courts. succeeding day, at the same time and place, unless the next day shall be the first day of the week, when in such case the same shall stand continued to the day next succeeding, at the same time and place. Provided further, nothing in this act shall prevent the issuing or serving of process on any of the days above mentioned. notes, bills, etc., maturing on holiday. or Continuance of Approved, February 10, 1877. CHAPTER XLVI. HOMESTEADS. [Revised Statutes, Chap. XLVIII] homestead from execution or attachment. 1343. SECTION 1. Every householder in the state of Exemption of Colorado, being the head of a family, shall be entitled to a homestead not exceeding in value the sum of two thousand dollars, exempt from execution and attachment, arising from any debt, contract, or civil obligation entered into or incurred after the first day of February, in the year of our Lord one thousand eight hundred and sixty-eight. How to be des 1344. SEC. 2. To entitle any person to the benefits of, this act, he shall cause the word "homestead" to be entered ignated of record of record in the margin of his recorded title to the same. 1345. SEC. 3. Such homesteads shall only be exempt occupation as provided in the first section of this act, while occupied necessary to as such by the owner thereof, or his or her family. exemption. homestead of 1346. SEC. 4. When any person dies seized of a home- who entitled to stead, leaving a widow, or husband, or minor children, such decedent. widow, or husband, or minor children, shall be entitled to the homestead; but in case there is neither widow, husband, nor minor children, the homestead shall be liable for the debts of the deceased. 1347. SEC. 5. The homestead mentioned in this act may consist of a house and lot or lots, in any town or city, or of a farm consisting of any number of acres, so that the value does not exceed two thousand dollars. 1348. SEC. 6. Nothing in this act shall be construed to prevent the owner and occupier of any homestead from voluntarily mortgaging the same. Provided, no such mortgage shall be binding against the wife of any married man, who may be occupying the premises with him, unless she shall freely and voluntarily, separate and apart from her husband, sign and acknowledge the same, and the officer taking such acknowledgment shall fully apprize her of her rights and the effect of signing such mortgage. Value, and of what homestead may consist. Mortgage of homestead and acknowledgment thereof. stead of greater thousand dollars 1349. SEC. 7. When any creditor shall be of the opin- Sale of homeion that any homestead provided for in this act is of greater value than two value than two thousand dollars, on filing an affidavit of that fact, with the clerk of the district court, such creditor by creditor. Exemption of homestead ac ceeds of sale of former home stead. may proceed against said homestead as in ordinary cases, and if the said homestead shall sell for more than two thousand dollars and costs, the excess shall be applied to the payment of the demand of such creditor; but in all such cases the sum of two thousand dollars, free of charge or expense, shall be paid to the owner of the homestead; and in case the said homestead shall not sell for more than two thousand dollars and costs, the person instituting the proceeding shall pay all costs of such proceeding, and the said proceeding cease and not affect or impair the rights of the owner of the homestead. 1350. SEC. 8. That in case of the sale of said homequired from pro- stead, any subsequent homestead acquired by the proceeds thereof shall also be exempt from execution or attachment, nor shall any judgment or other claim against the owner of such homestead be a lien against the same in the hands of a bona fide purchaser for a valuable consideration. No imprison ment or arrest for debt. CHAPTER XLVII. IMPRISONMENT FOR DEBT. 1351. There shall be no imprisonment or arrest for debt in this state, in any case, upon any contract, expressed or implied. CHAPTER XLVIII. INJUNCTIONS. AN ACT REGULATING THE POWER OF GRANTING AND DISSOLVING Be it enacted by the General Assembly of the State of Colorado: or dissolve writs limited. In case of a vacancy in the office of any district who may grant judge, or in case of his absence from his district, or in case of injunction. such judge has an interest in the subject matter of litigation, or if from sickness or any other cause, he is unable to discharge the duties of his office, then the district judge of any other district may grant and dissolve such writs; or upon the happening of either of the events above enumerated, or in case of the absence of the district judge from any county of his district, then a master in chancery of such county, in causes of action arising therein, may grant such writs, except that a master in chancery shall not have power to grant any such writ against the working of any mining claims. Injunctions to judgment at law. 1353. SEC. 2. When any injunction shall be granted to stay a suit or judgment at law, the proceedings shall be stay a suit or had in the county where the judgment was obtained or the suit is pending, or the writ of subpoena may be sent in the first instance into any other county in this state, where the defendant resides. No writ of injunction shall be granted to stay proceedings under a judgment obtained before a justice of the peace, for a sum not exceeding twenty dollars, exclusive of costs. Injunctions to stay judgment at law; to oper ate as a release of errors. Amount and 1354. SEC. 3. No injunction shall be granted to stay judgment at law for a greater sum than the complainant shall show himself equitably not bound to pay, and so much as shall be sufficient to cover costs. Every injunction, when granted, shall operate as a release of all errors in the proceedings at law that are prayed to be enjoined. No injunction shall be issued in such cases, unless the complainant, or some person in his, her or their behalf, shall have previously executed a bond, with sufficient surety to condition of the defendant, approved by the court, judge or master, or the clerk, where the court, judge or master granting such injunction so orders, and filed with the clerk, in double the sum directed to be enjoined, conditioned for the payment of all money and costs due, or to be due, to the plaintiff in the action of law, and also all such costs and damages as shall be awarded against the complainant in case the injunction shall be dissolved. If the injunction be dissolved, in whole or in part, the complainant shall pay, exclusive of bond for. |