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Consolidation of act, a notice, as provided by section one hundred and

railroad and tele

nies; what notice

published.

graph compa- twenty-three (123) of this act, shall be given at least to be giver and thirty days before the time fixed for such meeting, and a general notice, as provided in section one hundred and twenty-three (123) shall be published for four successive weeks, provided that no railroad or telegraph company, or the lessees or managers thereof, shall consolidate its stock, property or franchise, with any other railroad or telegraph company or companies, having under its or their control a parallel or competing line of railroad or telegraph.

directors, etc

Classification of 319. SEC. 129. At any meeting of the stockholders of any railroad corporation, heretofore or hereafter formed under the laws of the territory of Colorado, or of this state, for the election of directors, managers or trustees, the stockholders may classify the directors in three equal classes, as near as may be, one of which classes shall hold their office for one year, one for two years, and one for three years, and until their successors are respectively elected; and at all subsequent elections, in the event such classification shall be made, directors shall be elected for three years, to fill the places made vacant by the class whose term of office shall expire at that time.

How corpora

organized may

of the provisions of this act.

320. SEC. 130. Any corporation, company, or body tions heretofore politic, heretofore formed or organized and existing under avail themselves any special act of the legislative assembly of the Territory of Colorado, or under any of the general laws thereof, may come under, and avail themselves of the privileges and provisions of this act, whenever any such company, corporation, or body politic, shall file in the office of the secretary of state, and in the office of the recorder of deeds in the county or counties where such company, corporation, or body politic is doing business, a certificate in writing, signed by the president, and attested by the secretary of such company, corporation, or body politic, accepting the provisions of this act, and the questions of acceptance shall be adopted by a vote of two-thirds of all the stockholders of said company, corporation, or body politic, expressed at a regular meeting of such company, corporation or body politic, or at a meeting held for that purpose, which certificate shall express such vote.

repeal of this

321. SEC. 131. The general assembly, may, at any Amendment or time, alter, amend, or repeal, this act, and shall at all times act. have power to prescribe such regulations and provisions, as it may deem advisable, which regulations and provisions, shall be binding on any, and all corporations formed under the provisions of this act; And, provided further, that this act shall not be held to revive or extend any private charter or law, heretofore granted or passed, concerning any corporation.

ties of former

to be lessened

322. SEC. 132. The provisions of this act, shall not in Rights or liabiliany manner, impair the rights, or lessen the liabilities of corporations not corporations now in existence, and heretofore created under or impaired. the laws of the Territory of Colorado; but such corporations are hereby recognized, and their incorporation confirmed; but nothing in this section shall be so construed as to relieve such corporations from hereafter complying with this act in regard provisions of this act, in all matters relating to the con- trol, and manduct, control and management of any such corporations or panies to be any of the affairs of any such corporation. Approved, March 14, 1877.

Provisions of

to conduct, con

agement of com

complied with.

CHAPTER XX.

COSTS.

[Revised Statutes, Chapter XIX.]

Bond for costs to

certain cases.

323. SECTION I. In all actions on office bonds for the use of any person, actions on the bonds of executors, be given in administrators, or guardians, qui tam actions on any penal statute, and in all cases in law and equity where the plaintiff, or the person for whose use an action is to be commenced, shall not be a resident of this state, the person or plaintiff for whose use the action is to be commenced, shall, before he institutes such suit, file or cause to be filed with the clerk of the court in which the action is to be commenced, an instrument in writing, of some responsible person, being a resident of this state, to be approved by the clerk, whereby such person shall acknowledge himself bound to pay, or cause to be paid, all costs which may

Form of bond.

Dismissal of

to file bond for costs; plaintiff's attorney to pay costs.

accrue in such action, either to the opposite party or to any of the officers of such court;, which instrument may be in form as follows:

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I do hereby enter myself security for costs in this case, and acknowledge myself bound to pay, or cause to be paid, all costs which may accrue in this action, either to the opposite party or to any of the officers of this court, pursuant to the laws of this state.

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324. SEC. 2. If any such action shall be commenced, action for failure without filing such instrument of writing, the court, on motion, shall dismiss the same, and the attorney for the plaintiff shall pay all costs accruing thereon; and if at any time after the commencement of any suit by a resident of this state, he shall become non-resident, or if in any case the court shall be satisfied that any plaintiff is unable to pay the costs of suit, or that he is so unsettled as to endanger the officers of the court, with respect to their legal demands, it shall be the duty of the court, on motion of the defendant, or any officer of the court, to rule the plaintiff, on or before the day in such rule named, to give security for the payment of costs in such suit; if such plaintiff shall neglect or refuse, on or before the day in such rule named, to file such instrument as aforesaid, the court shall, on motion, dismiss the suit.

In what cases

bond required

after commence.

ment of action.

Poor person may prosecute action

of costs.

325. SEC. 3. If any court shall, before or after the comwithout payment mencement of any suit, be satisfied that the plaintiff is a poor person, and unable to prosecute his or her suit, and pay the costs and expenses thereof, they may in their discretion permit him to commence and prosecute his action as a poor person; and thereupon such person shall have the necessary writs, process, and proceedings, as in other cases, without charge; and if the plaintiff recover judgment, there shall be a judgment for his costs.

326. SEC. 4. If any person shall sue in any court in this state in any action, real, personal or mixed, or upon

ing judgment, to

for costs.

any statute for any offense or wrong immediately personal Person recoverto the plaintiff, and shall recover any debt or damages in have judgment such action, then the plaintiff or demandant shall have judgment to recover against the defendant his costs to be taxed; and the same shall be recovered, together with the debt or damages, by execution, except in the cases hereinafter mentioned.

against plaintiff;

327. SEC. 5. If any person shall sue in any court of Judgment for record in this state, in any action wherein the plaintiff or recovery of costs demandant might have costs in case judgment be given in what cases. for him, and he be non-prossed, or suffer a discontinuance, or be nonsuited after appearance of the defendant, or a verdict pass against him, then the defendant shall have judgment to recover his costs against the plaintiff, (except against executors or administrators prosecuting in the right of their testator or intestate,) or demandant, to be taxed; and the same shall be recovered of the plaintiff or demandant, by like process as the plaintiff or demandant might have had against the defendant, in case judgment had been given for the plaintiff or demandant.

When costs recovered by defendant in ac

328. SEC. 6. Any person making justification or cognizance in replevin, if the same be found for him, or the plaintiff be non-suited or non-prossed, suffer discontinu- tion of replevin. ance, or be otherwise barred, then such person shall recover his damages and costs against the plaintiff.

Costs in judg

murrer; who

329. SEC. 7. If in any action, judgment upon any demurrer by either party to the action shall be given ment upon deagainst the plaintiff, the defendant shall recover costs shall recover. against the plaintiff; if such judgment be given for the plaintiff, he shall recover costs against the defendant. 330. SEC. 8. When any defendant in any action, or plaintiff in replevin, shall plead several matters, and any tion of the court. of such matters upon demurrer joined shall be adjudged insufficient, or if a verdict shall be found in any issue of the cause for the plaintiff, costs shall be given at the discretion of the court.

331. SEC. 9. Where there are several counts in any declaration, and any of them be adjudged insufficient, or a verdict on any issue joined thereon shall be found for the defendant, costs shall be awarded in the discretion of the court,

When costs

given at discre

Recovery of

costs by persons acquitted by

verdict in certain cases.

Costs in judg.

ment upon writ

or prohibition; who shall

recover.

332. SEC. IO. Where several persons are made defendants to any action of trespass, assault, false imprisonment, detinue, replevin, trover or ejectment, and any one or more of them shall upon trial be acquitted by verdict, every person so acquitted shall recover his costs of suit in like manner as if such verdict or acquittal had been given in favor of the defendant.

333. SEC. II. In all suits upon any writ of scire facias of scire facias or upon prohibition, the plaintiff obtaining judgment or an award of execution after plea pleaded or demurrer joined therein, shall recover his costs of suit; if the plaintiff shall be non-suited or non-prossed or suffer a discontinuance or a verdict shall pass against him, the defendant shall recover his costs.

When fees of

more than four

witnesses may

be taxed in dis

trict court.

Defendant has judgment for

334. SEC. 12. In no case in the district court shall the fees of more than four witnesses be taxed against the party against whom judgment shall be given for costs, unless the court shall certify on their minutes that more than four witnesses were really necessary, in which case the clerk shall tax the costs of as many witnesses as the court shall so certify.

335. SEC. 13. In all cases where any action shall be costs, in actions dismissed for irregularity, or be non-prossed or non-suited irregularity, etc. by reason that the plaintiff neglects to prosecute the same, the defendant shall have judgment for his costs.

dismissed for

Costs on dis

equity; who

shall recover.

336. SEC. 14. Upon the complainant dismissing his missal of bill in bill in equity, or the defendant dismissing the same for want of prosecution, the defendant shall recover against the complainant full costs; and in all other cases in chancery.not otherwise directed by law, it shall be in the discretion of the court to award costs or not.

Costs in suit

one person to

337. SEC. 15. When any suit shall be commenced in commenced by the name of one person to the use of another, the person to use of another. Whose use the action is brought shall be held liable and bound for the payment of all costs which the plaintiff may be adjudged or bound to pay, to be recovered by action on the case.

Costs in cases of

338. SEC. 16. SEC. 16. In all cases of appeal or certiorari, upon certiorari or the judgments of justices of the peace, when the judgment tices of the peace of the justice of the peace shall be wholly affirmed or

appeal from jus

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