the oath of office, is no defense for the sure- as he made the latter levy by virtue of a writ | charges the duties of the office, to which he which was at that time in his hands, the has been elected or appointed, has not taken sureties on his official bond were liable for his wrongful act. City of Lowell vs. Parker, 10 Met. (Mass.) 309. So it is held that the sureties on a constable's bond are liable for his act, if he siezes on an execution property, which is by law exempt therefrom. State vs. Farmer, 21 Mo. 160; Strunk vs. Ochiltree, 11 Iowa, 158. See Huffman vs. Kopplekorn, 3 Indian Murder Trials. Neb. 344. Sureties liable for acts of a de facto officer. [Condensed by J. W. Donavan.] Murder trials among the Northern Michigan Indians have always been extremely impressive. From a missionary's account of one in 1847, I find this practice to be in the form of a general council, to which is called the nearest of kin to murderer and victim, the accused and the medicine man. The chief nearest of kin to the accused calls the court in a wigwam never before used. A feast is prepared in the morning and some two hundred are invited, who march after dinner to the court scene with great formality. The fact that the justice of the peace or constable has never fully complied with the law in relation to qualification or is for any reason merely a de facto officer, will not be a defense to the sureties in an action on their bond. Thus where sureties signed the bond of an acting justice of the peace, who in his official capacity collected money and failed to pay it over to the party entitled thereto, it was held that the sureties were liable in an action on their bond, though the justice had not been legally elected, or had not taken the oath of office, or his bond may not have been approved by the proper authority. The court said: "By signing his bond they acknowledged his right to the office and to discharge its duties and as such recommended him to the public. They at least shall not be heard to say that, although they signed his bond, and thereby induced others to put money in his hands relying on their bond for its safety, still he was not elected, was not sworn, that he was not in fact a justice of the peace." Green vs. Wardell, 17 Ills. 278. | ly says: The fact that the justice, whose bond they signed as sureties, is acting as a justice of the peace under such bond, is sufficient to hold the sureties, and all questions as to the regularity of his election or appointment, or of his qualification are of no moment in actions on his official bond. The medicine man, a prominent guest, lays gifts and blankets before the family of mourners and states the case for the dead. "He was a good man to his family. He was a good hunter. His place is now vacant in our council. We are all sorrowful. But this does not bring him back." Other speeches follow and other gifts are presented. Among them a large pipe and a plug of tobacco are brought with flint and pouch. Then the medicine man impressive "Brothers, we have met here before the Great Spirit, who sees us all, who knows why we are met, who sees into our hearts, who knows what your tongues have talked, and what your hearts have thought, and be knows what these presents are that I have carried over and given to this family to make "Now if you are all true to each other and intend to settle this trouble and let this young man live who has brought it into our hearts and wigwams, then I will have to strike this flint once only with this steel to light the pipe of peace." So where sureties have signed a bond, | peace. which recites the official character of the principal, and the latter actually discharges the duties of the office, though merely such officer de facto, they are estopped by such recitals from denying the official character of their principal. Having given color to the principal's claim to the office and held him out to the world as the proper incumbent of the office, it would be manifestly nnjust to permit them to deny these facts after others have acted upon them. Kelly vs. State, 25 O. S. 576; Wendell vs. Fleming, 8 Gray, 813. All on both sides responded “Ah!” in token of assent. There was a momentary pause, and every eye was turned upon Mus-kah-ke-ne-ne-ne, or Medicine Man. For the first time since he entered the court THE MURDERER LIFTED HIS EYES The fact that the officer, who actually dis- And fixed them on the Medicine Man's right The arm that was raised to strike the flint. SUBSCRIBE for THE JOURNAL. No wideawake lawyer can afford to be without it. Charles S. Wilson, Attorney, Symes Block. emotionless, across the space and offers the STATE OF COLORADO, pipe to the son of the murdered chief. Once COUNTY OF ARAPAHOE, SS. In the County Court in and for said County of VS. Summons. RICHARD CRAIG, Defendant. GREETING: To Richard Craig, defendant above named: You are hereby required to appear in an action brought against you by the above named plaintiff in the County Court, in and for the County of Arapahoe, in the State of Colorado, and to answer the complaint filed therein within ten days, exclusive of the day of service, if served within this county; or if served out of this county, but in this second judicial district, of the State of Colorado, within twenty days; other be taken against you according to the prayer of the wise within forty days; or judgment by default will complaint. The said action is brought to procure a decree of this County Court dissolving the bonds of matrimo on the grounds that the defendant being in good ny now existing between the plaintiff and defendant bodily health, has failed to make reasonable provision for the support of plaintiff for more than two years last past; and that the defendant has been guilty of extreme cruelty towards plaintiff, as will more fully appear by the complaint on file herein, to which reference is here made. And you are hereby notified that if you fail to appear and answer the said complaint as above required, the said plaintiff will apply to the court for the relief demanded in the complaint. Witness, R. W. Steele, clerk of said court, and the 12 Charles S. Wilson, Plaintiff's Attorney. Denver, Colo. No. 7102. COUNTY OF ARAPAHOE, SS. In the. County Court in and for said County of VS. Summons. THE PEOPLE OF THE STATE OF COLORADO, SEND The mediator goes on from judge to judge (for they are all judges here.) There are two young men crouched midway of the circle, cousins of the murdered chief. They had declared their unwillingness to forgive. It is the unwritten law that ff any relative of the murdered dead cannot forgive the slayer, then in open council, where the pipe of peace is offered, he who will not smoke it may rise and in the general presence kill the murderer with his tomahawk. It was the supreme STATE OF COLORADO,moment when the Medicine Man stood up before these inexorable avengers and presented the pipe to the first of them with unusual deliberateness. The young brave was in a quandary. What should he do? He seemed To Maria Cajal, defendant above named: You are to struggle with his impulse to brain his hereby required to appear in an action brought against you by the above named plaintiff, in the chief's destroyer, but when the pipe was of County Court, in and for the County of Arapahoe, in fered to him the third time he slowly reached filed therein, within ten days exclusive of the day the State of Colorado, and to answer the complaint forth and with it took a single whiff. The of service, if served within this county; or if served out of this county, but in this Second Judicial Disother followed his example and the deep sus-trict of the State of Colorado, within twenty days; pense was ended. Then all except the mur-will be taken against you, according to the prayer of otherwise within forty days; or judgment by default derer smoked again, and one by one the of fending parties shook hands and glided out, as undemonstratively as they had entered. "Thus ended," says the narrator, "the most thrilling criminal trial I ever witnessed. I and my interpreter took leave of the chiefs and principal men, but I did not preach to them." BACK numbers of volume one of THE DENVER LAW JOURNAL are for sale at this office. Subscribe for the Denver Law Journal, said complaint. The said action is brought to procure a decree of this County Court dissolving the bonds of matrimony now existing between the plaintiff and defendant, on the grounds that the defendant has wilfully, and without cause, deserted and abandoned the plaintiff, and has continued in such desertion for the space of one year and more, and that the defendant has at divers and various times, and with divers and sundry persons, since the marriage between plaintiff and defendant, committed adultery, as will more fully appear by the complaint on file herein, to which reference is here made. And you are hereby notified, that if you fail to appear and answer the said complaint, as above requir ed, the said Plaintiff will apply to the court for the relief demanded in the complaint. Witness, R. W. STEELE, Clerk of said Court, and the seal thereof at Denver, in said county, this [L. S.] 30th day of January, A. D. 1884. R. W. STEELE, Clerk. G. Santini, Attorney for Plaintiff. 9 NOTICE is hereby given, that on Monday, the 21th day of March, A. D. 1881, being one of the regular days of the March term of the County Court of Arap-. ahoe County, in the State of Colorado, I, Elizabeth Rees, Executrix of said estate, will appear before the | Judge of said Court, present my final settlement as such executrix, pray the approval of the same, and will then apply to be discharged as such executrix. At which time and place any person in interest may appear and present objections to the same, if any there be. Dated at Denver, Arapahoe County, Colorado, February 19th, 1884. ELIZABETH REES, Executrix of the Estate of William L. Rees, dé ceased. Markham, Patterson & Thomas, Attorneys for Plaintiff. EXECUTOR'S NOTICE. 11 H. C. HOLLISTER, with STENOGRAPHER, ESTATE OF DAVID BARKER SOUTHARD, DECEASED. THE UNDERSIGNED, having been appointed executrix of the last will and testament of David Barker Soutnard, late of the County of Arapahoe, and State of Colorado, deceased, hereby gives notice that she will appear before the County Court of Arapahoe Belford, Reed & Rockwell. County, at the Court House in Denver, on the 24th day of March next, at which time all persons having claims against said estate are notified and requested to attend for the purpose of having the same adjusted. All persons indebted to said estate are requested to make immediate payment to the undersigned. Dated this 16th day of February, A. D. 1884. SARAH JANE SOUTHARD, Executrix. Bartels & Blood, Attorneys, 384 Lawrence St. 11 North & Stidger, Attorneys at Law, Boulder, Colo. No. 1387. STATE OF COLORADO, COUNTY OF BOULDER, SS. In the County Court of said County. JENNIE T. COFFMAN, Plaintiff, against Summons. GEORGE F. COFFMAN, Defendant. To George F. Coffman, defendant above named: You are hereby required to appear in an action brought against you by the above named plaintiff, in the County Court in and for the County of Boulder, in the State of Colorado, and to answer the complaint filed therein, within ten days, exclusive of the day of service, if served within this county; or if served out of this county, but in this Judicial District, within twenty days; otherwise within forty days; or judgment by default will be taken against you, according to the prayer of the complaint. The said action is brought to procure a dissolution of the bonds of matrimony existing between the plaintiff and defendant, on the grounds that the defendant, being in good bodily health, has failed to make reasonable provision for the support of his family more than one year and has wilfully deserted and absented himself from the plaintiff, and departed from this state and has departed from this State without any intention of returning. Also to procure a decree awarding to plaintiff, the care and custody of the two minor children of plaintiff and defendant; and also for costs of suit, as will more fully appear by the complaint on file herein,to which reference is here made. Room 42 Opera House, Denver, Colorado. Law Reporting a Specialty. 1-19 A. B. East, Attorney at Law, Rooms 8 and 9 Clifford Block, STATE OF COLORADO, COUNTY OF ARAPAHOE, SS. In the County Court in and for said County of LILLIE F. KIMES, Plaintiff, vs. CLINTON S. KIMES, Defendant.) Summons. THE PEOPLE OF THE STATE OF COLORADO SEND To Clinton S. Kimes, defendant, above named: You are hereby required to appear in an action brought against you by the above named plaintiff in the County Court in and for the County of Arapahoe, in the State of Colorado, and to answer the complaint filed therein within ten days, exclusive of the day of service, if served within this county; or if served out of this county, but in this second judicial district, of the State of Colorado, within twenty days; otherwise within forty days; or judgment by default will be taken against you according to the prayer of said complaint. The said action is brought to procure a decree of this County Court dissolving the bonds of matrimony now existing between the plaintiff and defendant, on the grounds that the defendant, being in good bodily health, has failed to make reasonable provision for the support of his family for the space of one year and more; that the defendant has been guilty of extreme cruelty toward plaintiff; that the defendant has departed from the State of Colorado without any intention of returning, and awarding to plaintiff the care, custody and control of Fred J. Kimes and Mabel Kimes, minor children, and issues of the marriage between plaintiff and defendant, as will more fully appear by the complaint on file herein, to which And you are hereby notified that if you fail to ap-reference is here made. pear and answer the said complaint, as above required, the said plaintiff will apply to the court for the relief demanded in the complaint. Given under my hand and the seal of the County Court of said Boulder County, at Boulder, in [SEAL.] said county, this 12th day of February, A. D. 1884. [Signed,] S. S. DOWNER, County Judge and Acting Clerk. North & Stidger, Attorneys for Plaintiff. 11 NOW READY FOR DELIVERY. A PRACTICAL TREATISE ON THE CODE SUMMONS AND THE MODE OF SERVING IT AS PRESCRIBED BY THE CIVIL CODES OF COLORADO, WYOMING, KANSAS, NEVADA, NEBRASKA, AND OTHER STATES, WITH COPIOUS AND ACCURATE FORMS FOR THE USE OF ATTORNEYS, CLERKS OF COURTS AND SHERIFFS, IN PREPARING AND MISCELLANEOUS: No subscription taken for less than six months. Single copies furnished to none but a regular subscriber to supply a lost number. Notice of failure to receive any copy must be sent to this office within thirty days after such failure or the copy sent must be paid for at the rate of 25 cents per copy. The publisher reserves the right to stop THE JOURNAL in all cases at the expiration of the paid subscription, unless the renewal is accompanied with cash for at least a six months' subscription, at the rate of $3 for six months. Legal advertisements inserted at the rates fixed by the statutes of Colorado Examining Committees for candidates for admission to the bar of the State courts. F. W. Pitkin. CLARENCE First Judicial District:-R. S. Morrison, Georgetown; Second District:--B. M. Hughes, M. Benedict, Isaac Third District:-John M. Waldron, Geo. Q. Richmond, G. G. White. Fourth District:-T. A. McMorris, John Campbell, Col- Fifth District:-C. C. Parsons, Clinton Reed, Leadville; Sixth District:-S. P. Dale, Canon City; Geo. S. Adams, PUEBLO. Room 1 Gordon's Block, Santa Fe Ave. RED CLIFF. (COUNTY SEAT EAGLE CO.) J. A. M’ANULTY, SOLICITOR AND PATENT ATTORNEY Room 30, Skinner Block, Seventh District:-Thomas C. Brown, T. H. Thomas, Denver, Colorado. 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