Bills for reliet in and in all other cases not herein provided for, shall be other cases not herein provided filed within five years after the cause thereof shall accrue, for to be filed within five years and not after. tions of persons ties. 1684. SEC. 14. If the person entitled to file any bill Exemption from the two last sec- specified in the two last sections, be, at the time of discovunder disabili ering the facts constituting such fraud, or at time the cause for filling such bill shall accrue, under any of the disabilities enumerated in this chapter, the time during which such disabilities shall continue shall be excepted from the limitations contained in the two last sections, in the same manner and with like effect, as such time is herein excepted from the limitations prescribed for commencing actions at law; and in case of the death of the person so entitled, during such disability, or before the expiration of the time herein limited for filing such bills, the same may be filed by the heirs or representatives of such person, as the case may require, within the same time as is allowed in this chapter for commencing actions at law in the like cases. What person under disability at of cause of ac suit when disa 1685. SEC. 15. If any person entitled to bring any of time of accruing the actions before mentioned in this chapter, shall, at the tion, may bring time when the cause of action accrues, be within the age of bility removed. twenty-one years, or a married woman, insane, imprisoned, or absent from the United States, such person may bring the said actions, within the time in this chapter respectively limited, after the disability shall be removed. Limitation of out of the state. 1686. SEC. 16. It shall be lawful for any person, actions accruing against whom any action shall be commenced in any court of this state, where the cause of action accrued without the state, upon a contract or agreement, express or implied, more than two years before the commencement of the action, or upon any sealed instrument in writing, or judgment or decree of any court, more than three years before the commencement of the action, to plead the same, and give the same in bar of the plaintiff's right of action. Commencement ecutor or admin istrator of de ceased persons. 1687. SEC. 17. If any person entitled to bring any of actions by ex- of the actions before-mentioned herein, shall die before the expiration of the time herein limited therefor, and if the cause of action does by law survive, the action may be commenced by the executor or administrator of the deceased person, as the case may be, at any time within one year after the grant of letters testamentary or of administration, and not afterwards, if barred by the provisions of this chapter. In case of abate commenced limitation; when new action may be brought. 1688. SEC. 18. If in any action duly commenced, within the time herein limited, and allowed therefor, the process ment of action shall fail of a sufficient service or return, by any unavoida- within period of ble accident, or by any default or neglect of the officer to whom it was committed; or if the process shall be abated, or the actions otherwise avoided or defeated by the death of any party thereto, or for any matter of form; or if after a verdict for the plaintiff, the judgment shall be arrested; or if the judgment for the plaintiff shall be reversed on a writ of error, the plaintiff may commence a new action for the same cause, at any time within one year after the abatement or other determination of the original suit, or after the reversal of the judgment therein: and if the cause of action does by law survive, his executor or administrator may, in case of his death, commence such new action within the said one year. of several joint ecutors, etc., not 1689. SEC. 19. If there are two or more joint contrac- Promises of one tors, or joint executors or administrators of any contractor, contractors, exno such joint contractor, executor or administrator shall to bind the othlose the benefit of the provisions of this chapter, so as to deprive them of be chargeable, by reason only, of an acknowledgment or this chapter. promise made by any other or others of them. ers so a to the benefits of actions against etc., where it plaintiff is bar ter as to one of 1690. SEC. 20. In actions commenced against two or How judgment more joint contractors, or joint executors or administrators to be given in of any contractor, if it shall appear on the trial or other-joint contractors wise, that the plaintiff is barred by the provisions of this shall appear that chapter, as to one or more of the defendants, but is entitled red by this chapto recover against any others or other of them, by virtue of them. a new acknowledgment or promise, or otherwise, judgment shall be given for the plaintiff, as to any of the defendants against whom he is entitled to recover, and for the other defendant or defendants against the plaintiff. When issue to be 1691. SEC. 21. SEC. 21. If in any action on contract, the defendant shall plead in abatement, that any other person found for plainought to have been jointly sued, and issue be joined on that plea of non-joinplea, and if it shall appear on the trial, that the action was by reason of the provisions of this chapter barred against der of defendant. ant not to be tiff's memoran dum or indorse ment not evidence of payment. the person so named in the plea, the said issue shall be found for the plaintiff. 1692. SEC. 22. Nothing in the three preceding sections Effect of pay. ment by defend- shall alter, take away, or lessen the effect of a payment of impaired; plain- any principal or interest made by any person; but no indorsement or memorandum of any such payment, written or made upon any promissory note, bill of exchange, or other writing, by or on behalf of the party to whom such payment shall be made, or purport to be made, shall be deemed sufficient proof of the payment, so as to take the case out of the operation of the provisions of this chapter 1693. SEC. 23. If there are two or more joint conments made to tractors, or joint executors or administrators of any contractor, no one of them shall loose the benefit of the provisions of this chapter, so as to be chargeable, by reason only of any payment made by any other or others of them. In case of pay one or more of several jointcontractors, executors, etc. Persons entitled act. AN ACT LIMITING THE TIME FOR BRINGING ACTIONS RESPECTING 1694. SECTION 1. [Session Laws, 1874.] That every person in the peaceable to benefits of this and undisputed possession of lands or tenements, including mining claims, under claim and color of title, made in good faith, including pre-emptions made in accordance with the laws of the state of Colorado, or any mining district wherein such property may be situate, who shall, for five successive years hereafter continue in such possession, and shall also, during said time, pay all taxes legally assessed on such lands, tenements or mining claims, shall be held and adjudged to be the legal owners of said lands, tenements or mining claims, to the extent and according to the purport of his or her proper title or pre-emption. All persons holding under such possession by purchase, devise or descent, before said five years shall have expired, and who shall continue such possession, and continue to pay the taxes as aforesaid, so as to complete the possession of and payment of taxes for the term aforesaid, shall be entitled to the benefit of this section. tled to benefits 1695. SEC. 2. Whenever a person having color of title, Persons not entieither by pre-emption or otherwise, as aforesaid, made in of this act. good faith to vacant and unoccupied land or mining claims, shall pay all taxes legally assessed thereon, or for improvements situate thereon, for five successive years, he or she shall be deemed and adjudged to be the legal owner of said vacant and unoccupied lands or mining claims, to the extent and according to the purport of his or her proper title or pre-emption. All persons holding under such taxpayer, by purchase, devise or descent, before said five years shall have expired, and who shall continue to pay the taxes as aforesaid, so as to complete the payment of the taxes for the term aforesaid, shall be entitled to the benefit of this section: Provided, however, that if any person having a better paper title or pre-emption to said vacant and unoccupied lands or mining claims, shall during the said term of five years, pay the taxes assessed on said lands or mining claims, or improvements thereon, for any one or more years of the said term of five years, then, in that case, such taxpayer, his heirs and assigns, shall not be entitled to the benefit of this section. Property to of this act shall 1696. SEC. 3. The two preceding sections shall not apply to lands or tenements owned by the United States, which provisions except as to the possessory rights of parties claiming to not extend. hold such lands or mining claims under and in accordance with the laws of the United States, the laws of this state, and the mining laws, regulations and customs of the several mining districts wherein such land or mining claims may be situate, nor to land held for the use of any school or seminary, or for the use of any religious society, nor to lands held for any public purpose Nor shall they extend to any lands, tenements or mining claims, when there shall be color of title by purchase or pre-emption in another to such lands, tenements or mining claims, and the holder of such title is under the age of twenty-one years, insane or imprisoned; provided, such person shall commence an action to recover such lands or mining claims so claimed as aforesaid, within one year after such disability shall cease to exist, and shall prosecute such action to judgment; and in case of vacant and unoccupied land shall, also within What defendant one year pay to the person or persons who paid the same, or to the treasurer of the county wherein the land is situate, for the use of such person or persons, all the taxes paid by such person or persons on said land or improvements, with interest thereon from the date of such payments at the rate of twenty-five per cent. per annum. Nor shall said section extend to or apply to any mining claims, the title of which may be derived from pre-emption under and by virtue of the provisions of the law of the United States, approved, May 10, 1872, in reference to the forfeiture of mining claims by failure to improve the same. 1697. SEC. 4. In all cases at law or in equity brought may plead in bar to recover the possession of any lands, tenements or mining cover possession claims, except in actions of ejectment, the party defendant in action of eject- may plead such possession, payment of taxes as aforesaid, of actions to re of lands, except ment. in bar of such action, and on failure to plead such possession and payment of taxes, the right of the said defendant to avail himself of the benefit of said statute shall be deemed waived by the said defendant. Summoning of tion of lunacy; conservator. CHAPTER LXI. LUNATICS. [Revised Statutes, Chapter LVI.] 1698. SECTION 1. Whenever any lunatic has any estate, jury on inquisi- real or personal, the county court of the county wherein appointment of such lunatic resides, shall, on the application in writing of any reputable citizen of said county, order a jury to be summoned to ascertain whether such person be lunatic, insane or distracted; and if such jury return in their verdict, that such person is lunatic, insane or distracted, it shall be the duty of the county court aforesaid to appoint some fit person to be conservator of his or her estate. Bond of conservator and conditions thereof. 1699. SEC. 2. The conservator of such estate, so appointed, shall enter into bond, with sufficient security, to be approved by the court, to the people of the state of Colorado, in double the amount of the estate of such lunatic, which shall be ascertained by the county court aforesaid, conditioned for the faithful discharge of his duties as such conservator. |