Action against for failure to comply with provisions of this chapter, or with covenants of bond. or any one or more of the obligors named therein, in the name of the people of the state of Colorado, for the use of any person or persons who may have been injured by reason of the neglect or improper conduct of any such executor or administrator as aforesaid, and such bond sha. not become void on the recovery thereon, but may be sued upon, from time to time, until the whole penalty shall be recovered; provided, that the person or persons for whose use the same may at any time be prosecuted, shall be liable for all costs which may accrue in the prosecution of the same; and certified copies of all such bonds, under the seal of the county court, shall be received as evidence to authorize such recovery in any court of law or equity having jurisdiction thereof in this state. 2939. SEC. 152. If any executor or administrator shal executor, etc.. fail to comply with the provisions of this chapter, or shall fail to comply with any or all the covenants in his bond, an action may be forthwith instituted upon such bond, and the failure aforesaid shall be sufficient breach to authorize a recovery, in the same manner as though a devastavit had been previously established against such executor or administrator. Action by one executor, etc., against co-exec grossing estate, 2940. SEC. 153. Where there are two or more executors or administrators of any estate, and any one of them takes tor, etc, for en- all or a greater part of such estate and refuses to pay the debts of the testator or intestate, or refuses to account with the other executors or administrators, in such case the executor or administrator so aggrieved may have his action of account or suit in equity against such delinquent executor or administrator, and recover such proportionate share of said estate as shall belong to him; and every executor, being a residuary legatee, may have an action of account or suit in equity against his co-executor, and recover his part of the estate in his hands; and any other legatee may have the like remedy against the executors, provided, that before any action shall be commenced for legacies, as aforesaid, the court of probate shall make an order directing them to be paid. 2941. SEC. 154. All actions at law whatsoever, save and except actions on the case for slander or libel, or tres survive to and ss for injuries done to the person, and actions brought What actions the recovery of real estate, shall survive to and against against execuecutors and administrators. tors and administrators. GENERAL PROVISIONS. Certain words 2942. SEC. 155. All provisions in this chapter relative an executor or administrator, shall apply and extend to construed. executrix or administratrix, or executors or administras, and vice versa, unless otherwise expressly provided, d whenever any party in the singular number, or a male ty, is mentioned, the words shall apply to a female, or or more having a joint interest, so far as the rule can with propriety applied, and so far as it is not otherwise ected. The words "will" or "last will," as used in this any other chapter, shall be construed to include all taments and codicils. Administration to be had in which letters 2943. SEC. 156. In all cases in which, by the division any county in this state, the administrator or executor of whole estate whom letters may have been granted by the county court county out of such county, shall, by such division, be placed beyond issued. limits of the county in which such letters may have en granted, then, and in all such cases, the county court such county shall be authorized to proceed and settle estate upon which letters of administration may have. en so granted, in the same manner as if no such division doccurred. 2944. SEC. 157. The administration of the whole of estate of any decedent within this state, shall be had in county out of the county court of which letters testantary or of administration may issue in pursuance of s chapter. Same. Before whom affidavits required by this made. 2945. SEC. 158. Any affidavit required to be made by s chapter may be made and sworn to before any officer horized by the law of this state to administer oaths, or chapter may be any officer of any state, territory or district of the ited States having like authority by the law of the state, itory or district where he resides; the fact of such hority, and the official capacity of such officer, to be ved and established in the same manner as required in Proceedings against execu tor, administrator, guardian, etc., for failure to render accounts; penalty therefor. the case of deeds of lands made and acknowledged beyond this state. 2946. SEC. 159. If any exccutor, administrator or collector fail to render his accounts of his administration at the time and in the manner required by law, the county court shall have power to attach such executor or adminis trator for such default, and may proceed against him as f a contempt; in any such case, the court may impose a f upon such executor or administrator, so in default, not exceeding three hundred dollars; and whenever any such fine is imposed, it shall be a part of the judgment of the court that such executor or administrator stand committed to the common jail of the county until he or she wi comply with the order of the court. This section shi also apply to the guardians of infants and conservators of insane persons. Proceedings in AN ACT TO AMEND CHAPTER NINETY OF THE REVISED STATUTES OF 2947. SECTION I. COLORADO. [Session Laws, 1870.] Whenever the county judge of any district court in county in this state shall be interested as heir, devisee, legJudge interested atee or otherwise, in the settlement of the estate of any de case county as devisee, legatee, or other wise. New bond to be tor, etc, upon surety on former county judge. ceased person, the like proceedings shall be had in the district court of the proper county, as in the county court respecting the settlement of such estate. 2948. SEC. 2. Wherever any county judge of any coungiven by execu- ty in this state shall have become surety on the bond of ary bond becoming executor, or administrator, or guardian previous to h: coming into office, and such estate shall remain unsettled or such minor shall not have come of full age at the time of such county judge coming into office, he should requir such executor, or administrator, or guardian to give a new bond, and in default thereof, shall remove such executor, administrator or guardian, and appoint another in his or her place. AN ACT CONCERNING THE ESTATE OF NON-RESIDENT INFANTS. [Session Laws, 1876.] Payment of de etc., of non-res qualified guar 2949. SECTION I. In any case where by descent, devise bequest any moneys, or the proceeds of sale of property vise, legacy, any kind, shall become the property of any infant or in-ident infants to nts residing in this state, and such infant or infants shall dians. terwards remove from this state, and shall become resients of any other state or territory, it shall be lawful r any county court having charge or control of such oneys or funds of such infant or infants, to authorize the yment of the same to any duly qualified guardian of such fant or infants in the state or territory in which he or they ay have become residents, upon due proof of the appointent and qualification of such guardian. 2950. SEC. 2. The county courts shall have the same Power of county cases. >wer and authority in all cases where at the time of the courts in such scent, devise or bequest, as above stated, the infant or fants shall be residents of any other state or territory of e United States. CHAPTER CIV. WITNESSES. ACT RELATING TO THE COMPETENCY OF WITNESSES IN CIVIL CASES. [Session Laws, 1870.] 2951. SECTION I. That no person shall be disqualified Competency of a witness in any civil action, suit or proceeding, except as parties in interreinafter stated, by reason of his or her interest in the convicted of est, or persons crime, as wit ent thereof, as a party or otherwise, or by reason of his nesses. Cases in which parties in inter own behalf. or by any other witness cognizant of such conviction, as impeaching testimony, or by any other competent testi mony. 2952. SEC. 2. That no party to any civil action, suit est not allowed or proceeding, or person directly interested in the event to testify in their thereof, shall be allowed to testify therein, of his own motion, or in his own behalf, by virtue of the foregoing section. when any adverse party sues or defends as the trustee or conservator of any idiot, lunatic or distracted person, or as the executor or administrator, heir, legatee or devisee of any deceased person, or as guardian or trustee of any such heir, legatee or devisee, unless when called as a witness by such adverse party so suing or defending; and also, except in the following cases, namely: Exceptions. First-In any such action, suit or proceeding a party or interested person may testify to facts occurring after the death of such deceased person. Second-When in such action, suit or proceeding, any agent of any deceased person shall, in behalf of any person or persons, suing or being sued, in either of the capac ities above named, testify to any conversation or transac tion between such agent and the opposite party or parties in interest, such party or parties in interest may testify concerning the same conversation or transaction, Third-When in any such action, suit or proceeding any such party suing or defending as aforesaid, or any person having a direct interest in the event of such action, suit or proceeding, shall testify in behalf of such party so suing or defending, to any conversation or transaction with the opposite party or parties in interest, then such opposite party in interest shall also be permitted to testify as to the same conversation or transaction. Fourth-When in any such action, suit or proceeding any witness not a party to the record, or not a party in interest, or not an agent of such decased person, shall in behalf of any party to such action, suit or proceeding, testify to any conversation or admission by any adverse party or parties in interest, occuring before the death and in the absence of such deceased person, such adverse party |