DENVER, January, 1884. The first annual meeting of the Association will be held at the District Court Room, in the city of Denver, on Saturday, the 12th PRACTICE AND PROCEEDINGS IN JUSTICES' instant.

5. On Constitutional and International provides that: "There shall, at the first elec

of office of any justice of the peace or con- the duties of the office. So it is held in stable to a term less or greater than two years. | Reinhart vs. The State, 4 Kans. 318.

Right to hold over-How determined.

But the right to continue in the discharge of the duties of the office, arising from a prior election or appointment, after the term for which he was elected or appointed has expired by limitation of law, ceases as soon as his successors has duly qualified. See Quali

It fixes the term of office at two years, and as the Constitution is a limitation on the powers of the legislature, the latter can not either lengthen or shorten the term prescribed. Hence, a justice of the peace can be elected for no shorter term than two years, except when he is elected to fill a vacancy in the office, which has been created by the resigna-fication of Justice of the Peace, post. This tion of a justice of the peace, who has been elected for two years, or by the removal of such justice from the precinct in and for which he was elected, or his death during his term of office, or his removal from office for any sufficient cause.

is the general rule, which governs in all cases, in the absence of a special statutory provision, fixing a time certain for an elected officer to enter upon the discharge of the duties of his office, and applies, since the enactment of the statute of 1881, to cases of appointments to fill vacancies. See State vs. Seay, 64 Mo. 89.

The first General Assembly of Colorado, which met after the going into effect of the constitution, enacted 551 and 934 of GenPrior to the session of the legislature of eral Laws, which are none other than a re- 1881, there was much question among attor enactment of 11 of Art. XIV of the Consti- neys, as to the time when a justice of the tution, with the further requirement that peace was required to yield possession of his justices of the peace and constables are to be office to his successor, some holding that a elected at general elections. General elec-justice of the peace is a county officer, and tions are, by this statute, to be held on the was therefore entitled to continue in the disTuesday succeeding the first Monday in No-charge of the duties of his office to the second vember of each year. Hence, it follows that a justice of the peace or constable can not be elected at a special election, even to fill the unexpired term of a resigned or deceased officer.

Tuesday in the January following the election of his successor, notwithstanding the latter may have qualified in the meantime; some insisting upon the rule as above given, and holding it to be the duty of the justice of the peace to surrender possession of his office

A justice of the peace holds over until his successor is to his successor immediately on being notiqualified.

Section 1 of Art. XII of the Constitution is as follows: "Every person holding a civil office under the State shall, unless removed according to law, exercise the duties of such office until his successor is duly qualified.”

fied that the latter had qualified. This question has been settled by the Act of 1881, Session Laws of 1881, p. 113, which enacts that the term of office of each precinct officer shall determine on the second Tuesday in the January following the election of his succes

Justice of the peace a precinct officer.

Section 557 of General Laws, supplement-sor. ing the above constitutional provision, declares that when the term of office of any That a justice of the peace in Colorado is justice of the peace shall expire, as now merely a precinct officer can admit of very provided by law, it shall be lawful for such little doubt. Section 11 of Art. XIV of the officer, whether re-elected or not, to perform Constitution requires the election of a justice all the duties of such office, until his succes- of the peace in each precinct in each county sor shall be duly qualified according to law." annually. The General Laws, 2934, requires Hence, until a successor has been duly elected the election for a justice of the peace and conto fill the office of the justice whose term of stable to be held in each justice's precinct, as office will expire by the limitation of time does also 551, which also requires the board for his holding the office prescribed in the of county commissioners of each county to statute, and such successor has taken the oath divide such county into justices precincts. of office and given the bond which is requir- The justice is required to be an elector of the ed by the statute, the incumbent may law- precinct in and for which he is elected, and fully continue to act in the office and perform no one is entitled to vote for him who is not all the duties of a justice of the peace until an elector of the precinct of such justice. If the person elected as his successor has quali-the justice removes from his precinct he fied himself to enter upon the discharge of would undoubtedly vacate his office, as he is

required to reside and have his office in the communication, and an action for libel can precinct, in and for which he was elected. not be founded upon it, even though the inIn Spencer vs. Cline, 28 Ind. 51, the Supreme formation given thereby was not true in fact, Court of Indiana, whose laws are similar to and though the words themselves are libelthat of Colorado, holds that justices of the lous. The court said: "If a merchant having peace are merely precinct officers, and not an interest in knowing the financial standcounty officers. That he may send his pro-ing of another merchant, whom he proposes cess into any precinct of the county is no to deal with, goes to another, and asks him reason for holding him to be a county officer, with regard to that person's financial standsince he can only send final process in civil ing, and he honestly answers him what he cases or criminal process, in which latter knows about the person inquired of, even if cases he acts not as a precinct officer, or as a it should turn out to be false, I think it is a county officer, but as a conservator of the privileged communication, upon which an action can not be founded, even though the peace and as a State officer. It is in this lat-words themselves are libellous. If he says, ter capacity, in the exercise of duties imposed I have looked into his affairs, I have inupon him by the State, he is authorized to formed myself with regard to them for my sit in any part of his county in the examina- own benefit, and I believe him to be insolvvent,' I do not think that such a communition or trial of a person charged with the cation, if made in good faith, is one unon which an action can be founded.

commission of a crime.

(To be Continued.)

The Editor's Table.

Robert Clark & Co.'s Digest of Law Publications. This little book is divided into four divisions. The first is a digest of law publications issued between June, 1877 and September, 1873; the second a digest of law publications by their titles; the third the same by their authors' names, both names and titles being arranged alphabetically; and fourth the abbreviations used in references to American Law Reports. Among law periodicals the DENVER LAW JOURNAL is mentioned. Lawyers will find it useful. Its price is 25 Robert Clarke & Co., Cincinnati, O.

NOTES OF DECISIONS.

Gustave C. Bartels, Attorney at Law, 384 Lawrence St.,
Denver, Colo.
No. 6966.

STATE OF COLORADO,

COUNTY OF ARAPAHOE, SS.
In the County Court of said County.

GUSTAVE C. BARTELS, Plaintiff,
JOHN LICHTER, CHARLES E. BROWN,

VS.

W. G. SPRAGUE, ALFRED C. PHELPS, Summons.
LOUIS SCHLOSSSTE:N, JAMES H. BLOOD
and LORIN BUTTERFIELD, Assignee of
said John Lichter, Defendants.

THE PEOPLE OF THE STATE OF COLORADO SEND
GREETING:

sten and Lorin Butterfield, defendants above named: To John Lichter, Alfred C. Phelps, Louis SchlossYou, 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 Arapacents.hoe, 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 the complaint.

Attachment of Shares in a Foreign Corporation. The New York Court of Appeals in Plympton vs. Bigelow, Nov. 20, 1883, holds that shares of a foreign corporation are attachable only in the State of its domicile, or that of the owner of such shares, since such shares are not, either actually or constructively, within any other State, though the officers of such corporation may be within the State out of whose court the attachment issues.

The said action is brought to recover from defendant Lichter an indebtedness of seven hundred, one and forty-five one-hundredth dollars due from said Lichter to the plaintiff by reason of an assignment thereof to him by one Christian Roebke, for work done and materials furnished by said Roebke, at sald Lichter's request, on and for buildings located on lots 5 and 6, and all of lot 4, except 16 feet front by 112 feet deep adjoining lot 3, all in block 66, in the west division of the City of Denver, county and State aforesaid, together with interest thereon and costs of sult; to enforce and foreclose a mechanic's lien, assigned to plaintiff by said Roebke, and filed by said Roebke on October 6th, 1883, in the office of the recorder of said Arapahoe County, to secure said sum of $701.45 then due as aforesaid, on the premises and property hereinbefore described, and that the same may be sold for the purpose of satisfying and paying said sum of seven hundred and one and forty-five one-hundredth In Trussell vs. Scarlett, United States Cir- dollars, interest and costs as aforesaid, also to have said mechanic's lien declared the first and prior lien cuit Court of Maryland, November, 1882, 18 on said property, and for such other relief as may seem proper, as will more fully appear by the comFed. Rep. 214, it was held that when a mer-plaint on file herein, to which reference is here made. And you are hereby notified that if you fail to apcantile agency makes a communication to pear and answer the said complaint as above requir one of its subscribers, who has an interest ined, the said plaintig will apply to the court for the relief demanded in the complaint. knowing it, concerning the financial condiWitness, R. W. Steele, clerk of sard court, and the seal thereof at Denver, in said County, this tion of another person, in good faith, and [L. S.] 8th day of December, A. D. 1883. under circumstances of reasonable caution as R. W. STEELE, Clerk. By K. P. MACE, Deputy.

Mercantile Agency.

to its being confidential, it is a privileged | G. C. Bartels, Plaintiff's Attorney.

5

Attorneys having briefs and abstracts to be printed for the Supreme Court or the STATE OF COLORADO,United States Courts, can now have them printed at the LAW JOURNAL office in firstclass style at reasonable rates. We will turn out none but first-class work, and guarantee satisfaction.

STEINWAY, CHICKERING and GABLER judicial district, within twenty days; otherwise, with

TO WHOM IT MAY CONCERN, NOTICE IS HERE-
by given that on Wednesday, January 16, 1884, in
the County Court of Arapahoe County, Colorado, at
the January term thereof, I will submit for final set-374 Lawrence St.,
tlement, my accounts as administrator of the estate
of John Hittson, deceased.

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

SERVING THE SAME.