Annual report of report any and all information he may have obtained in re fish commis sioner. Repeal. Emergency. gard to the varieties of fish adapted to the waters of this state, and the methods of culture of the same, and the waters to which they are adapted, together with any information that may aid in promoting the cuture of edible fish in the state, and the governor shall embody the same in his report to the general assembly. 1227. SEC. 12. An act entitled "an act to provide for the protection of fish in Colorado territory," approved February 11, 1870, and an act entitled "an act to amend an act entitled 'an act to provide for the protection of fish in Colorado territory,' approved February 11, 1870," approved February 9, 1872, and an act entitled "an act⚫to encourage the propagation of fish in Colorado territory," approved February 13, 1874," be and the same are hereby repealed. 1228. SEC. 13. As the time in which the beneficial effects of this act for the present season is fast passing away, and its good effects may thereby be postponed, therefore an emergency exists, and this act shall take effect and be in force on and after its passage. Approved, March 10, 1877. Unlawful or forcible entry forbidden. Forcible entry and detainer defined. 1229. CHAPTER XXXVIII. FORCIBLE ENTRY AND DETAINER. [Revised Statutes, Chap. XXXV.] SECTION I. No person shall enter upon or into any lands, tenements or other possessions, except in cases where entry is given by law, and then only in a peaceable manner. 1230. SEC. 2. If any person or persons shall enter upon or into any lands, tenements or mining claim or other possessions, with force, or strong hand, or multitude of people, whether any person be actually upon or in the same at the time of such entry or not, or if any person, by threats of violence or injury to the party in possession, or by such words or actions as have a natural tendency to excite fear or apprehension of danger, shall gain possession of any lands, tenements, mining claims or other possess ions, and detain and hold the same; or if any person shall enter peaceably upon any lands, tenements, mining claims. or other possessions, whether any person be actually in or upon the same at the time of such entry or not, and shall by force turn the party in possession out, or by threats, or by words or actions which have a natural tendency to excite fear or apprehension of danger, frighten the party out of possession, and detain and hold the same; or if any person shall enter upon or into any lands, tenements, mining claims or other possessions, peaceably or otherwise, and by force or by threats of violence, or words or actions, which have a natural tendency to excite fear or apprehension of danger, shall intimidate the party entitled to possession from returning upon or possessing the same, and shall hold and detain the same; in every such case the person or persons so offending shall be deemed guilty of a forcible entry and detainer, within the meaning of this chapter. Unlawful de 1231. SEC. 3. If any person or persons wrongfully and without force, shall detain or continue in possession tainer defined. of any lands, tenements, mining claims or other possessions, and after demand made in writing for the delivery of the possession thereof by the person entitled to such possession, or his or her agent or attorney, shall refuse or neglect to quit the possession thereof, and deliver the same up to the party entitled thereto, such person or persons so offending shall be deemed guilty of an unlawful detainer, within the meaning of this chapter. 1232. SEC. 4. A defendant shall be deemed and held guilty of wrongful detaining or continuing in the possession of property, within the meaning of this chapter, when such detainer or continuance in possession are shown to have been made or done in bad faith, and with a knowledge that such defendant had no legal right to detain or continue in possession of such lands, tenements, mining claims or other possessions, and the plaintiff having established his right to recover in the action, prima facie, the burden of proof shall be upon the defendant, to show that the detainer or continuance in possession was made or dor.e in good faith, and upon legal right in him, or those under whom he claims. Wrongful detainer defined. Holding over after expiration of lease, an unlawful detainer. Forfeiture of to pay rent when due. 1233. SEC. 5. If any person shall, with or without force, hold over any lands, tenements, mining claims or other possessions, after the termination of the time for which such lands, tenements, mining claims or possessions were let or demised to him or her, or to the person under whom he or she claims, or contrary to the conditions, cov enants or terms of the lease or agreement under which he or she holds, or after any rent shall have become due, according to the terms of such lease or agreement, and shall remain unpaid for the space of three days, in all such cases, after demand made in writing for possession of the premises let or demised, by the person entitled to such possession, his or her agent or attorney, the person or persons so holding shall be deemed and adjudged guilty of an unlawful detainer, within the intent and meaning of this chapter. 1234. SEC. 6. It shall not be necessary in order to lease for failure work a forfeiture for non-payment of rent, to make a demand for rent on the day on which the same becomes due, or at any particular time of the day, but demand may be made of the tenant or person from whom such rent is due, at any time after the rent is due, and such demand may be made for the whole amount due and unpaid at the time of making the same. The failure on the part of the lessee or his assigns to pay rent, upon such demand being made, or as provided in section five of this chapter, shall work a forfeiture of the lease or agreement. (Amendment 1877, approved February 19.) Change of terms notice to be given, any 1235. SEC. 7. In all leases of lands or tenements or interest thereon, from month to month, the landlord of lease; what may, and it shall be lawful for him, upon giving notice in writing to the tenant at least fifteen days before the expiration of the month, to change the terms of the lease or agreement under which such tenant holds, to take effect at the expiration of the month. Said notice when served upon the tenant, shall, of itself, operate and be effectual to create and establish, as a part of the lease or agreement, the terms and conditions specified in said notice after the expiration of such month. Provided, however, that nothing herein contained shall be held to authorize an increase of rent to more than twice the amount charged immediately before and extension of the giving of the notice aforesaid, nor to extend the lease Increase of rent so as to make the same other than a lease from month to lease, limited. month. Title being in not to defeat Extent of claim. 1236. SEC. 8. It is hereby declared to be the intent and meaning of this chapter, that the action of forcible United States entry and detainer, or unlawful detainer, as the case may be, recovery. may be brought and maintained to recover the possession of any lands, tenements, mining claims or other possessions, by persons entitled to the same, in all cases where such persons or those under whom they claim, may have entered or settled upon any of the public lands in this state, for mining, agricultural or other purposes, as in other cases, and that in no case shall the fact that the title to any property hath not passed from the United States, be deemed or held to bar or defeat the recovery of the plaintiff, and when the same has not been sold by the general government, in the absence of paper title for the purposes of this action, the right of possession in such person or persons shall extend according to the customs of the neighborhood in which said claim is located, to the number of feet, acres or extent embraced in such claim, not exceeding, if for agricultural purposes, one hundred and sixty acres of land. 1237. SEC. 9. The district courts in their respective districts, and county courts and justices of the their respective counties, shall have jurisdiction arising under this chapter. If the complaint shall be made before a justice of the peace, and it shall appear to such justice from sufficient affidavit, or the evidence presented upon the trial of the cause, that the title or boundaries to the premises in question, is in dispute, between the parties, and that an adjudication of the same may be necessary for a final determination of the cause, it shall be the duty of such justice to arrest all proceedings before him, and immediately certify his proceedings, and transmit all the papers in the cause, to the county court of his county, and the county court upon receiving such proceedings and papers, shall proceed in the same manner as if the cause had been instituted in that court: Provided, that if there shall be no county judge in the county at the time such proceedings are had, or if the parties, plaintiff or de What courts peace in have jurisdicof cases of title or bound tion; question aries on trials before justice of the peace. Action, how commenced; summons and return thereof. Complaint and pleas of defend oath. fendant, shall each assent thereto, the justice of the peace shall certify his proceedings and transmit the papers to the clerk of the district court of the county in which the cause originated, or to the clerk of the district court of any county to which such county may be attached for judicial purposes. And, provided further, that if the justice of the peace before whom such case shall be commenced, wherein the title or boundaries shall come into dispute, be also county judge, he shall certify said cause to the district court of his county instead of the county court. 1238. SEC. 10. The mode of commencing proceedings under this chapter shall be by filing a complaint in writing with a justice of the peace or county judge, or in the office of the clerk of the district court of the proper county, and thereupon the justice, county judge or clerk, as the case may be, shall issue a summons as in other cases, except that it shall command the officer to whom it may be directed, to summon the defendant to answer to the complaint of the plaintiff, for that he (the defendant) is in possession of the lands, tenements, mining claims or other possessions in question, describing them, which he holds unlawfully and against the right of the plaintiff, as it is said; such summons shall be served in the same manner and like length of time before the return day thereof, and by the same officers respectively when issued by a justice of the peace, county judge or clerk of the district court, respectively, as in actions of assumpsit commenced before such justice or county judge or in such district court. 1239. SEC. II. The complaint filed as provided in secant to be under tion ten of this chapter shall describe with reasonable certainty the lands, tenements, mining claims or other possessions which the plaintiff seeks to recover, and shall set forth the substantial facts upon which the plaintiff relies to recover the possession of the same, and shall be verified by the oath of the plaintiff, his or her agent or attorney. The plea or answer of the defendant shall be in writing and under oath of the defendant, his or her agent or attorney. Under what rules proceed 1240. SEC. 12. Upon the trial of cases arising under this ings governed. chapter before justices of the peace and in county courts, the proceedings shall be governed by the rules of practice (Amendment 1872.) |