tificate of mar for failure to certificate. 1741. SEC. 7. Every person having authority to join Record and cerothers in marriage, shall keep a record of all marriages sol- riages; penalty emnized before him, and within three months, transmit a make return of certificate of every marriage, containing both christian and surname, to the clerk of the county in which such marriage took place. Any person refusing or neglecting to make such return within the above required time, shall forfeit for every such offense, the sum of one hundred dollars, to be recovered, with costs by the recorder. ure of recorder of marriage cer 1742. SEC. 8. The clerk shall record all such returns Penalty for failof marriages, in a book to be kept for that purpose, within to enter return one month after receiving the same. If any recorder shall tificate of record neglect or refuse to record within the said time any return to him made, he shall forfeit one hundred dollars, to be recovered, with costs, by any person who will prosecute for the same. of entries in 1743. SEC. 9. The books of marriages to be kept by Certified copies the respective recorders, and copies of entries therein, cer- record of martified by him, under his official seal, shall be evidence in all riages to be evi courts. dence. Penalty for mak or falsifying riage. 1744. SEC. 10. If any person, authorized to solemnize any marriage, shall wilfully make a false return of any mar- ing false return riage, or pretended marriage, to the clerk; or if the clerk record of marshall wilfully make a false record of any return of a marriage, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars, and by imprisonment of not less than three months. 1745. SEC. II. All fines and penalties accruing under Disposition of the provisions of this chapter shall be paid into the county tes treasury for the use of common schools in which the offense was committed. fine and penal marriages sol March 10, 1874. 1746. SEC. 12. All marriages which have been solemn- Confirmation of ized in this state, whether by any president or judge of emnized prior to any mining district, elected under and acting by the laws thereof, or by any justice of the peace or clergymen, prior to the tenth day of March, A. D. 1864, are hereby declared confirmed and made legal, and all children, the issue of such marriage, shall have the same right in law and equity as if such marriage had been solemnized according to the provisions of this chapter. What property of married wo man not liable for debts nor subject to dis posal of husband Sale and convey property by mar CHAPTER LXIV. MARRIED WOMEN. [Revised Statutes, Chapter LX.] 1747. SECTION I. The property real and personal, which any woman in this state may own at the time of her marriage, and the rents, issues, profits and proceeds thereof, and any real, personal or mixed property which shall come to her by descent, devise or bequest, or the gift of any person except her husband, including presents or gifts from her husband, as jewelry, silver, table ware, watches, money and wearing apparel, shall remain her sole and separate property, notwithstanding her marriage, and not be subject to the disposal of her husband, or liable for his debts. 1748. SEC. 2. Any married woman, while married, ance of personal may bargain, sell and convey her personal property, and ried woman. enter into any contract in reference to the same as if she were sole. May sue or be 1749. SEC. 3. Any woman may, while married, sue and sued as if sole. be sued, in all matters having relation to her property, person, or reputation, in the same manner as if she were sole. Not to bequeath 1750. SEC. 4. Any woman may, while married make more than one- a will, but she shall not bequeath away from her husband more than one-half of her property, both personal and real, without his consent in writing. half of her prop erty away from husband. In case married half his prop 1751. SEC. 5. In case any married man shall hereafter man deprive his deprive his wife of over one-half his property, by will, it shall be optional with such married woman, after the death of her husband, to accept the conditions of such will, or one-half of his whole estate, both real and personal. erty by will. Earnings of married woman from any trade or business carried on by her 1752. SEC. 6. Any married woman may carry on any trade or business, and perform any labor or services, on her sole and separate account, and the earnings of any married woman, from her trade, business, labor or services, shall be her sole and separate property, and may be used and invested by her in her own name; and she may sue and be sued as if sole, in regard to her trade, business, labor, services and earnings, and her property acquired by trade, business and servises, and the proceeds thereof, may be taken on any execution against her. marriage settle 1753. SEC. 7. Nothing in this chapter contained, shall Invalidation of invalidate any marriage settlement or contract, now made ment. or to be hereafter made. To what extent husband lable fore marriage. 1754. SEC. 8. In all marriages hereafter contracted, the husband shall be liable for the debts and the liabilities for debts of wife of the wife contracted before marriage, to the extent of contracted bethe real and personal property he may receive with or through her, or derive from the sale or rent of her lands, and no further. 1755. SEC. 9. of death of wife. SEC. 9. Such liability of the husband shall not Liability in case be extinguished by the death of the wife. Judgment and wife for her out of her lands. 1756. SEC. 10. When any woman against whom liability exists shall marry, and has, or acquires lands, judg- against husband ment on such liability may be rendered against her and debts satisfied her husband jointly, to be levied on such lands only. 1757. SEC. II. The separate deed of the husband Separate deed of shall convey no interest in the wife's lands. husband conveys no interest in wife's lands. AN ACT CONCERNING MARRIED WOMEN. [Session Laws, 1872.] liable to actions 1758. SECTION 1. Any woman may, while married, When married execute any bond, bill, promissory note, or other instru- women may be ment in writing, for the direct payment of money; and if at law. the consideration thereof went to the benefit of her estate, she shall be liable thereon in an action at law, and a judgment obtained against her thereon in a court of record shall be a lien on her real estate, and execution may issue on such judgment as in other cases. AN ACT CONCERNING MARRIED WOMEN. 1759. SECTION 1. That hereafter any woman, while woman, married, may bargain, sell and convey her real and personal Contracts and conveyances of real and personal property, and enter into any contract in reference to the property. same, as if she were sole. Suits by and against. Power to con cute promissory notes, etc. 1760. SEC. 2. and be sued in all Any woman may, while married, sue matters the same as if she were sole. 1761. SEC. 3. Any woman, while married, may contract debts, exe-tracts debts in her own name and upon her own credit, and may execute promissory notes, bonds, bills of exchange and other instruments in writing, and may enter into any contract the same as if she were sole; and in all cases where any suit or suits, or other legal proceedings shall be instituted against her, and any judgment, decree or order therein, shall be rendered or pronounced against her, the same may be enforced by execution or other process against her the same as if she were sole. Who subject to military duty. Division of state into military districts. Appointment of ions. CHAPTER LXV. MILITIA. [Revised Statutes, Chapter LXI.] ARTICLE I. MILITARY DISTRICTS AND MILITARY ORGANIZATION. 1762. SECTION 1. Every able-bodied male citizen of Colorado, and those who have declared their intention to become citizens of the United States, between the ages of eighteen and forty-five years, except those who are by the laws of the United States, and by this chapter, exempted therefrom, shall be subject and liable to perform military duty as a soldier, to uphold the constitution and laws of United States and the constitution and laws of this state. 1763. SEC. 2. The state shall be divided into two military divisions or districts, as follows, viz: By a line running due east and west through the same, which shall pass through the town of Bradford; the portion of the state lying north of said line constituting the first, and that south of it, the second division. 1764. SEC. 3. The governor shall be commander-inofficers of divis- chief of the militia, and shall have power, by and with the consent of the senate, to appoint one major-general for each division, and one or more brigadier-generals for each division, as may be required; one adjutant-general, who shall be ex officio quartermaster-general, and one inspector-general, who shall act as paymaster-general; and is empowered to fill vacancies in these offices when the council is not in session. Military board; 1765. SEC. 4. The governor, adjutant-general, inspector-general and the two major-generals, shall constitute a how constituted. military board which shall convene whenever the commander-in-chief may order or the public good require. 1766. SEC. 5. It shall be the duty of the military Duties of board to consider all matters relating to the organization, military board. efficiency, discipline, army equipments, ammunition, uniform and parades of the state militia, and after the first enrollment, and after each annual enrollment, to sub-organize the divisions into brigades; and when any new brigade is formed in either division, the governor shall appoint and commission a brigadier-general to command it, as hereinbefore provided. The brigadier-generals may be present at the sittings of the military board, when required, but shall not vote in its proceedings. ARTICLE II. ENROLLMENT. Duties of adju relation to militia. 1767. SECTION I. It shall be the duty of the adjutantgeneral of the state, annually hereafter, before the day tant general in which is or may, by law, be fixed for the delivery to the enrollment of county assessors of the assessment lists for the annual assessment, to prepare blank rolls for enrolling companies of persons subject to military duty, and to transmit the same to the major-generals, who shall deliver the same to the brigadier-generals, with all possible dispatch; to the end that any person liable to perform military duty be enrolled and prepared for service. In what manner be made. 1768. SEC. 2. It shall be the duty of the several brigadier-generals, upor. the receipt of the said blank rolls, to enrollment to distribute them to the assessors of the several counties, townships, wards or cities comprised in their brigade districts; and said assessors shall, at the same time they are engaged in taking the valuation of real and personal property, in their respective counties, townships, wards or cities, include in their assessments, the names of all persons in their county, township, wards or cities, liable to be enrolled as aforesaid; and if the assessors neglect to perform their |