shall forfeit and pay for every person and passenger so injured the sum of not exceeding five thousand (5000) dollars, and not less than three thousand (3000) dollars, which may be sued for and recovered:

First-By the husband or wife of deceased; or,

By whom

recovered.

Second-If there be no husband or wife, or he or she damages may be fails to sue within one year after such death, then by the heir or heirs of the deceased; or,

Third-If such deceased be a minor or unmarried, then by the father and mother who may join in the suit and each shall have an equal interest in the judgment; or if either of them be dead, then by the survivor. In suits instituted under this section, it shall be competent for the defendant for his defense to show that the defect or insufficiency named in this section, was not a negligent defect or insufficiency.

wrongful act, etc., of another.

878. SEC. 2. Whenever the death of a person shall be who liable for caused by a wrongful act, neglect or default of another and death caused by the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case the person who, or the corporation which would have been liable, if death had not ensued, shall be liable to an action for damages notwithstanding the death. of the person injured.

aggravating cir

cumstances in making award.

879. SEC. 3. All damages accruing under the last pre- Jury to consider ceding section, shall be sued for and recovered by the same mitigating or parties and in the same manner as provided in the first section of this act, and in every such action the jury may give such damages as they may deem fair and just (not exceeding five thousand (5000) dollars), with reference to the necessary injury resulting from such death, to the surviving parties, who may be entitled to sue; and also having regard to the mitigating or aggravating circumstances attending any such wrongful act, neglect or default. 880. SEC. 4. All actions provided for by this act shall Action to be be brought within two years from the commission of the two years. alleged negligence resulting in the death for which suit is brought.

brought within

881. SEC. 5. The act "concerning damages," passed Repeal.

by the council and house of representatives of the territory of Colorado, and approved February 8, 1872, is hereby repealed.

Approved, March 7, 1877.

real or personal

wise limited or

disposed of, shall descend. (Amendment, 1876.)

CHAPTER XXVI.

DESCENTS AND DISTRIBUTIONS.

[Revised Statutes, Chapter XXIII.]

In what manner 882. SECTION 1. Whenever any person having title to estate, not other- any real estate, or property having the nature or legal character of real estate, or personal estate, undisposed of or otherwise limited by marriage settlement, shall die intestate as to such estate, it shall descend and be distributed in parcenary to his kindred, male and female, subject to the payment of his debts, in the following course and manner, namely: If such intestate leave a husband or wife and childdren, or the descendants of any children, him or her surviving, one half of such estate shall descend to such surviving husband or wife, and the residue thereof to such surviving children and descendants of children as hereinafter limited; if such intestate leave a husband or wife, and no child nor descendants of any child, then the whole of the estate of such intestate, real and personal, shall descend to and vest in such surviving husband or wife as his or her absolute estate, subject to the payment of debts as aforesaid. Dower and the tenancy by the courtesy are abolished, and neither husband nor wife shall have any share in the estate of the other, save as herein provided. Except in the cases above enumerated, the estate of every intestate shall descend and be distributed as follows:

First-To his children surviving, and the descendants of his children who are dead, the descendants, collectively, taking the share which their parent would have taken if living.

Second-If there be no children nor their descendants, then to his father; if there be no father, then to his mother; if there be no mother, then to the brothers and sisters, and

to the descendants of brothers and sisters who are dead, the descendants, collectively, taking the share of their immediate ancestors in equal parts.

Third-If there be no children nor their descendants, nor father, mother, brothers, sisters nor descendants of deceased brothers or sisters, nor husband nor wife living, then to the grandfather, grandmother, uncles, aunts and their descendants, the descendants taking, collectively, the share of their immediate ancestors in equal parts.

Fourth-And if none of the relatives above enumerated be living, then to the nearest lineal ancestors and their descendants, the descendants, collectively, taking the share of their immediate ancestors in equal parts.

descendants.

883. SEC. 2. All posthumous children or descendants Posthumous of the intestate, shall inherit in like manner as if born in children or the lifetime of the intestate; but no right of inheritance shall accrue to any person other than the children or descendants of the intestate, unless they are in being, and capable in law of taking as heirs, at the time of the intestate's death.

collateral rela

blood.

884. SEC. 3. Children and descendants of children, Children and of the half-blood, shall inherit the same as children and tives of the halfdescendants of the whole-blood; but collateral relatives of the half-blood, shall inherit only half the measure of collateral relatives of the whole-blood, if there be any of the last named class living.

against dis

885. SEC. 4. Where any of the children of the intes- Advancements tate shall have received, in his lifetime, any real or personal to be charged estate, by way of advancement, and the other heirs desire tributive share. it to be charged to him, the county judge shall cite the parties to appear before him, shall hear proof upon the subject, and shall determine the amount of such advancement or advancements to be thus charged.

advancement.

886. SEC. 5. The maintenance, education, or supply of What not money, to a child under the age of majority, without any deemed an view to apportion or settlement in life, shall not be deemed an advancement, under section four of this chapter. 887. SEC. 6. The alienage of the descendants, shall not invalidate any title to real estate which shall descend descendants. from him or her.

Alienage of

Illegitimate children.

Divorces not to affect rights of children.

Who shall apportion and distribute

estates.

Rule of descent

of real and

of bastard.

888. SEC. 7. Illegitimate children shall inherit the same as those born in wedlock, if the parents subsequently intermarry, and such children be recognized, after such intermarriage, by the father, to be his.

889. SEC. 8. Divorces of husband and wife shall not affect the right of children previously begotten, to inherit their property.

890. SEC. 9. County judges and administrators of the estate of persons dying intestate within this state, shall apportion and distribute estates of intestates according to this chapter.

891. SEC. 10. The rule of descent of all property of personal estate whatsoever kind or nature, real and personal, of any bastard or illegitimate person, dying intestate in this state and leaving property and effects therein, shall be as follows, to wit: on the death of any such person intestate, his or her property, estate and effects, shall descend to and vest in the widow or surviving husband and children, as the property and effects of other persons in like cases. In case of the death of any such illegitimate person leaving no children or descendants of a child or children, then the whole property and estate, rights, credits and effects, shall descend to and vest in the widow or surviving husband. In case of the death of any such illegitimate person, leaving no widow, surviving husband or descendants, then the property and estate of such person shall descend to and vest in the mother and her children, and their descendants; to the mother one-half, and the other half to be equally divided between her children and their descendants, the descendants of a child taking the share of their deceased parent or ancestors. In case of the death of any such illegitimate person, leaving no heirs as above provided, then the property and effects of whatsoever kind or nature, shall pass to and vest in the next of kin to the mother of such illegitimate person, in the same manner as the estate of a legitimate person would by law pass to the next of kin 892. SEC. II. If any decedent leaves a widow residing in this state, in all cases she shall be allowed to have and retain as her sole and separate property, one bed and bedding, wearing apparel of herself and family, one cow

What widow allowed to

retain as her sole property.

and calf, her saddle and bridle, one horse, household furniture for herself and family, and also the same amount and species of property as is or may be by law exempt from execution; said property shall be retained by the widow, and set apart to her by the executor or administrator, and shall in no case be subject to the payment of debts of the deceased.

fied articles in

personal property to be allotted widow,

893. SEC. 12. When an inventory shall have been value of specimade of the personal estate of any testator or intestate, money or other the widow may relinquish her right to any or all the specific articles of property allowed to her by the preced- if she so elect. ing section, or in case the intestate shall not leave any or all of the articles specified, she shall be entitled to other property or the value of the same in money; and it shall be the duty of the administrator or court of probate, to allow the value of the articles specified by law to be set apart to the widow of any intestate, to be allowed her in money or other personal property, at her election.

to separate

894. SEC. 13. The right of a widow to her separate Rights of widow property, shall in no case be affected by her renouncing or property. failing to renounce the benefit of the provisions made for her in the will of her husband, or otherwise.

895. SECTION I.

Every district attorney shall appear in behalf of the state, and the several counties of his district, in all indictments, suits and proceedings which may be pending in the district court in any county within his district wherein the state or the people thereof, or any county of his said district, may be a party; on the hearing of every writ of habeas corpus sued out by any person charged with or convicted of any public offense before the judge of his district; in any such indictment, action or proceeding which may be removed from the district court of any county within his district into the supreme court by

Duties.