STATUTES.

[Revised Statutes, Chapter LXXIX.]

SECTION 1. In the construction of all statutes, the following rules hall be observed, unless such construction shall be manifestly inconistent with the intent of the legislature, or repugnant to the context ■f the same statute, that is to say:

First-All words and phrases shall be understood and construed ccording to the approved and common usage of the language; but echnical words and phrases, and such as may have acquired a pecuar and appropriate meaning, shall be construed and understood ccording to such peculiar and appropriate meaning.

Second-Every word importing the singular number only, may xtend to and be applied to one person or thing, or to several persons r things; and every word importing the masculine gender only, may xtend to and be applied to females as well as males.

Third-The words "insane person" shall be construed to include very idiot, non compos, lunatic or distracted person.

Fourth-The word "issue," as applied to the descent of estate, hall be construed to include all the lawful, lineal descendants of the ncestor.

Fifth-The words "land," or "lands," and the words "real estate," hall be construed to include lands, tenements and hereditaments, and l rights thereto, and all interests therein.

Sixth-The word "month" shall be construed to mean a calendar onth, and the word "year" a calendar year, unless otherwise exressed.

Seventh-The word "oath" shall be deemed to include an affirmaon; and the word "sworn" to include the word "affirmed."

Eighth-The word "person" may extend and be applied to bodies olitic and corporate.

Ninth-The word "town" or "towns" may be construed to include city or cities.

Tenth-The word "will" shall be construed to mean codicil, as well as will.

Eleventh-The words "written," or "in writing," may be construed to include printing and engraving; provided, that in all cases when the written signature of any person is required by law, it shall always mean the proper handwriting of such person, or in case he is unable to write, his proper mark.

Twelfth-The word "state," when applied to different parts of the United States, may be construed to include the District of Columbia, and the several territories; and the words "United States" may be construed to include the said district and territories.

Thirteenth-The term "court" shall, in all necessary cases, be deemed to refer as well to county judges and justices of the peace, as to courts of record.

SEC. 2. No act, or part of an act, repealed by another act, shall be deemed to be revived by the repeal of the repealing act.

SEC. 3. All general provisions, terms, phrases, and expressions, used in any statute, shall be liberally construed, in order that the true intent and meaning of the general assembly may be fully carried out.

SEC. 4. Every act which does not expressly prescribe the time when it shall go into operation, shall take effect from and after its passage.

SEC. 5. In the publishing the acts of the general assembly, the enacting clause, the signature of the speaker of the house of representatives, the president of the senate, and the governor, shall be omitted, but the date of their approval shall be retained.

SEC. 6. All acts of the general assembly of the state of Colorado shall be designated, known and acknowledged in each such act of said state as follows: "Be it enacted by the general assembly of the state of Colorado."

INDEX TO GENERAL LAWS.

125.

172.

173.

174.

ECTION

424.

ABSTRACTS-

of title to real property; to be furnished by county clerks; what to set
forth. . .
ACKNOWLEDGMENTS-

of chattel mortgages; where and before whom to be taken
of conveyances; before whom to be made and how proven

personal knowledge or indentification of person making .
of instrument of writing not acknowledged at date of execution; how
subsequently acknowledged. .

PAGE

217

122

136

137

137

175.

180.

of powers of attorney for conveying or releasing lands.
certificate of; to be indorsed on, or attached to instrument .

138

140

-90.

92.

proof of; when taken before notaries public in other states
of certificates of incorporation; before whom taken

of deeds and instruments of writing; notaries authorized to take.
of certificates of partnership

*659

679

27.

28.
30.

ACTIONS-

for recovery of money or property, received by person not licensed as
an attorney, as fees . .

parties in, may prosecute or defend in their own persons

for recovery of forfeiture, in case of officer refusing to admit attorney
to private consultation with prisoner

for enforcement of lien of attorney upon judgments, etc., for fees
for recovery, by assignee on indorsed note, bill, bond, etc.

ཙམ་མ་

32.

92.

93.

for recovery, upon indorsed note, bill, bond, etc.; payment after notice
of assignment, no defense. .

III

5.

for recovery by indorser, upon negotiable instrument; what defense
allowed if assigned after maturity

upon negotiable instrument; when failure or want of consideration may
be plead ..

112

8.

when fraud or circumvention may be plead

112

4.

for recovery of rent of buildings used for public assemblages; not to
lie, if building illegally constructed. . .

119

0.

against warrantor, on covenant of warranty; when may be maintained.

135

195.

201.

212.

217.
220.

223.

276.

308.

309.

317.

causes of .

324.

325.

328.

dismissal of, for failure to file security for costs.
prosecution of, by poor person without payment of costs
of replevin; when costs recovered by defendant. .

SECTION

ACTIONS-Continued.

for recovery of unpaid installments on shares of stock in corporations.
against corporations for recovery of indebtedness; extent of liability of
stockholders..

against stockholders for debts of corporation; when may be maintained
by and against corporations; how instituted.

against corporations; where to be brought; upon whom and in what
manner summons to be served. . .

cause of, not affected by dissolution..

for recovery of assessments on shares of stock of ditch companies
for recovery of real estate or for damages thereto, or for debts due by
trustees of corporation in case of dissolution.

for recovery of debts due to corporation, from members thereof.
changes in, or consolidation of corporations, not to affect or abate

335.

when dismissed for irregularity, or non-prossed, or non-suited for neg
lect to prosecute, defendant to have costs

3

337.

on the case, for recovery of costs of suit commenced by one person to
the use of another . .

for default of under-sheriff, deputy or jailer; may be mantained against
executors or administrators of sheriff. .

505.

for damages may be had against sheriff, for neglect or default in making

what to be stated in complaints, in order to give county courts jurisdic-
tion in . . .

586.

720.

788.

880.

918.

924.

upon bonds of executors, administrators and sureties,; jurisdiction of
county courts in . . .

for libel; what may be given in justification in.
for damages sustained in consequence of criminal offense.
resulting from negligence, etc., when to be brought.
for divorce and allimony; jurisdiction of district courts in .

rules of proceeding in . . . .

318

343

358

350

1136.

against state treasurer, for recovery of forfeiture, in case of refusal to
pay warrant lawfully drawn . .

421

1236.

of forcible entry and detainer; title being in the United States not to
bar recovery of plaintiff . . .

for injury to property, by one joint tenant against another
commenced before justices of the peace; security for costs to be given
by non-residents.

dismissal of, for failure to give security for costs
against justices or constables for failure to pay over moneys collected;
where to be commenced. .

568

SECTION

1566.

ACTIONS CONTINUED.

against justices or constables for failure to pay over moneys collected;

PAGE

1567.

dismissal of, upon payment of amount demanded with costs.
against constables, for failure to return execution, misfeasance or non-
feasance, when to be commenced. .

569

569

1570.

1582.

on official bonds of justices or constables; for what amount judgment to
be entered; for what amount execution to issue .
before justices of the peace; where to be commenced

659

572

limitation of; what barred unless commenced within six years

596

commenced by executor or administrator of deceased person .
upon bonds of notaries public. .

598

660

1675.

1679.

upon open account, when cause of deemed to have accrued
for penalties or forfeitures, in case limited by statue

596

597

1682.

683.

684.

for relief on ground of fraud; to be commenced within three years
in what cases to be commenced within five years
saving to persons under disabilities. .

597

597

598

1685.

by persons under disabilities at time of accruing of cause of; when to
be commenced . . .

598

_688.

commenced within period of limitation; in case of abatement, when
new action may be brought

599

690.

against joint contractors, where plaintiff is barred by limitation as to
one or more of defendants, but entitled to recover against others by
reason of new promises.

599

691..

upon contract; when issue to be found for plaintiff, on plea of non-
joinder of defendant.

599

697.

758.

946.

to recover possession of lands; what defendant may plead in bar
upon instruments of writing executed by married woman; liability of .
of replevin, by sureties on official bonds, for recovery of property of
office in case of failure of officer to give new bond.

602

615

668

for damages sustained by nuisance; what defendant may plead.
for injuries to possession of public lands; what may be maintained.
for violation of town or city ordinances; how commenced

711

715

893

by and against executors and administrators; executor not chargeable
beyond assets, by reason of false pleading.

action on bond; proof of bond . .

devastavit need not be previously established

977

977

978