Appeals in probate matters. When private scal of judge valid. Suit on bond of administrators, etc. Records in probate matters. to be furnished by the board of county commissioners upon the request of any such judge. 584. SEC. 14. All questions of law and of fact, relating to probate matters in any county, shall be determined by the county court of such county, when sitting for probate business as aforesaid, if properly brought before such court, and from any and all such decisions upon any such questions, appeals or writs of certiorari, shall be [lie] to the district court of the same county, in favor of any one or more parties against whom such question or questions may have been decided, to be prosecuted by such person or persons, in the same manner as appeals and writs of certiorari respectively, when prosecuted from the decisions of justices of the peace. 585. SEC. 15. Letters of administration, letters testamentary, and all process, certificates, and all other papers, made or issued by county judges, to which the private seal of such judge is or may be affixed, because of there being no public seal, shall be as valid to all intents and purposes as though a public seal had been used. 586. SEC. 16. Administrators and executors, and their sureties, may be sued on their bond in the county court, subject to the limitation contained in this act. 587. SEC. 17. The county judges shall make, keep and preserve complete records of all wills, testaments and codicils, and the probate thereof; all letters testamentary and of administration, and all bonds taken of executors and administrators, and shall file and preserve the originals of the aforesaid papers, and all inventories, appraisements, sale bills and other exhibits presented to and received by said courts, appertaining to the administration and settlement of estates, and shall enter on their order books the amounts of all such inventories, appraisements, sale bills and other exhibits, under a proper heading for easy reference; and shall enter upon their books of record all matters, controversies and suits that shall arise for decision or adjudication before them, with the names of the parties, and the judgment or opinion of the court, in order that there may be no difficulty in taking appeals. 588. SEC. 18. It shall be the duty of each and every failure to keep county judge to enter or cause to be entered in the proper Penalty for books of his office, a full and perfect record of all orders, records. judgments and decrees, which may be made by such officer, when acting in reference to probate matters as aforesaid, and the duties of county judges; and for failure or neglect so to do, before the expiration of ten days from the time of making the same, he shall be held guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than one hundred dollars. records or certi thereof to be 589. SEC. 19. All such entries as specified in the two Entries in preceding sections, made by any county judge, or a certi- fied copies fied copy thereof given by the said county judge or the evidence. clerk of the court, if there be a clerk, shall be good evidence, where evidence is required of such entries and proceedings, in all courts of this state. Sheriff to serve 590. SEC. 20. Every county judge shall have power to issue all process necessary to enforce the judgments and process. decrees of said court, which process shall be directed to the sheriff of the county; and any sheriff to whom such process shall be directed, is hereby authorized and required to execute the same, and they shall be entitled to the same fees as are allowed for serving like process from the district court. books. 591. SEC. 21. The county judges shall keep well bound County commisbooks, to be furnished by the board of county commission sioners to furnish ers, and enter therein the accounts of executors and administrators, so as to make the same complete records of all accounts allowed and all settlements of estates made in said courts. name of the people. 592. SEC. 22. All letters testamentary, letters of ad- writs, letters, ministration, either with or without the will annexed, let- etc., to issue in ters of administration to collect, and de bonis non, writs, summonses, citations, subpoenas, and all other processes, which at any time may be made or issued by the judge of robate, in the discharge of his duties, shall be made and ssued in the name of the people of the state of Colorado, and] bear test in the same manner as other processes sued out of the county court. 593. SEC. 23. The county judges in their respective Jurisdiction and ounties shall have jurisdiction and authority to hear and probate matters. authority in Settlement of accounts of removing from the state. determine all causes, matters and controversies testamentary which shall be brought before them, touching the proof of wills, testaments and codicils, and may grant probate thereof; and shall hear and determine the right of administration of estates of persons dying intestate, and do all other things touching the granting of letters testamentary, and of administration, and the settlement of estates. 594. SEC. 24. When any executor or administrator, executors, etc., appointed in this state, shall remove without the limits of this state, it shall be the duty of the county judge of the proper county, upon affidavit being filed of such removal by any person interested in the estate in the hands of the executor or administrators so removing, to cause notice to be published in some newspaper of the county, or if there be none, then by posting the same at the court house door of the proper county, stating that said affidavit has been filed, and notifying the said executor or administrator to appear before him within thirty days after the date of said notice, and make a settlement of his accounts as now required by law; and in case said executor or administrator shall neglect or refuse to make said settlement as aforesaid, it shall be the duty of said county judge to remove said executor or administrator from office, and to supply the vacancy as now directed by law in other cases. Repeal. Not to affect prior rights. 595. SEC. 25. Chapter seventy-one of the revised statutes of Colorado territory, and all other laws or parts of laws, enacted since the first day of January, A. D. 1869, by the legislature of the late territory of Colorado, relating to organization, jurisdiction, powers, proceedings or practice of probate courts, and all other laws and parts of laws inconsistent herewith, are hereby repealed. But the repeal of such laws and parts of laws shall not be construed to impair, affect or divest any right accrued or accruing thereunder; and all laws and parts of laws hereby repealed, shall remain in force for the purpose of completing all suits, causes of action, processes or proceedings, of whatsoever nature, kind or description, now pending thereunder, or which may be begun and unfinished prior to the time this act shall take effect. Provided, that nothing herein contained shall be held to repeal any portion of the exist ing laws relating to wills, executors or administrators, except so far as the same shall be in conflict with this act. Approved, March 22, 1877. CHAPTER XXIV. CRIMINAL CODE. [Revised Statutes, Chapter XXII.] DIVISION I. PERSONS CAPABLE OF COMMITTING CRIMES. meanor defined. 596. SECTION 1. A crime or misdemeanor consists in Crime or misdea violation of a public law in the commission of which there shall be an union or joint operation of act, and intention or criminal negligence. Intention, how 597. SEC. 2. Intention is manifested by the circumstances connected with the perpetration of the offense, and manifested. the sound mind and discretion of the person accused. mind. 598. SEC. 3. A person shall be considered of sound who of sound mind who is neither an idiot, nor lunatic, nor affected with insanity, and who hath arrived at the age of fourteen years, or before that age, if such person know the distinction between good or evil. found guilty. 599. SEC. 4. An infant under the age of ten years shall Infants not to be not be found guilty of any crime or misdemeanor. Insane person guilty of crime. 600. SEC. 5. A lunatic or insane person without lucid intervals, shall not be found guilty of any crime or misde- not to be found meanor with which he may be charged; Provided, the act so charged as criminal shall have been committed in the condition of insanity. able of crime. 601. SEC. 6. An idiot shall not be found guilty or pun- Idiot not capished for any crime or misdemeanor with which he or she may be charged. Person encour lunatic or idiot to be prosecuted 602. SEC. 7. Any person counselling, advising or encouraging an infant under the age of ten years, lunatic or aging infant, idiot, to commit any offense, shall be prosecuted for such to commit crime offense when committed, as principal, and, if found guilty, as principal. shall suffer the same punishment that would have been inflicted on such person counselling, advising or encouraging When married woman not to be found guilty of crime. When drunken ness an excuse for crime. Accidental acts. trate or officer, or public prop erty. (Amendment 1877.) as aforesaid, had he or she committed the offense directly, without the intervention of such infant, lunatic or idiot. 603. SEC. 8. A married woman acting under the threats, command or coercion of her husband, shall not be found guilty of any crime or misdemeanor not punishable with death, provided it appears from all the facts and circumstances of the case that violent threats, command or coercion were used; and in such case the husband shall be prosecuted as principal, and receive the punishment which would otherwise have been inflicted on the wife, if she had been found guilty. 604. SEC. 9. Drunkenness shall not be an excuse for any crime or misdemeanor, unless such drunkeness be occasioned by the fraud, contrivance or force of some other person or persons, for the purpose of causing the perpetration of an offense, in which case the person or persons so causing said drunkenness for such malignant purpose, shall be considered principal or principals, and suffer the same punishment as would have been inflicted on the person or persons committing the offense, if he, she or they had been possessed of sound reason and discretion, 605. SEC. IO. Acts committed by misfortune or acciperson of magis- dent, shall not be deemed criminal where it satisfactorily appears that there was no evil design or intention, or culpable negligence. Criminal offences committed against the person of a magistrate, police or other public officer acting in discharge of his duties or against public property, shall be deemed to have been committed under agravating circumstances, and it shall be the duty of the court to regulate the penalty accordingly. Person commit-. threats, etc., not 606. SEC. II. A person committing a crime or misdeting crime under meanor not punishable with death, under threats or menaces to be punished. which sufficiently show that his or her life or member was in danger, or that he or she had reasonable cause to believe and did believe that his or her life or member was in danger, shall not be found guilty; and such threats or menaces being proved and established, the person or persons compelling by such threats or menaces, the commission of the offense shall be considered as principal or principals, and suffer the same punishment as if he or she had perpetrated the offense. |