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Fees of county treasurer.

military fund, to be at the disposal of the military ..board or officers, as provided in section three of this

article.

Sec, 5. The treasurer of any county to whom any fine shall be paid may retain therefrom five per cent, as his fees, for the receipt and custody thereof, and from all taxes two per cent.

SEC. 6. The Adjutant General shall be entitled to

receive annually, as compensation for his services, the Salary of sum of three hundred dollars, to be paid out of the Adjt. Gen.

territorial treasury, until a sufficient snm has accrued to the military fund, when the military board may direct his salary to be paid out of such funds.

Sec. 7. Each officer and private of every company called into active service, to repel invasion or suppress Indian depredations, shall receive one dollar and a half per day out of the military fund, and when serving under the sheriff of a county, or mayor of any city, two dollars per day or night, to be paid out of the connty or city treasury, as the case may be.

Pay of mijitin,

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SRC. 1. Every person who whilst in the actual service of the territory, shall be wounded or disabled in opposing or suppressing any riot or invasion, or in any

Indian Expedition, shall be taken care of and provided Wounded for at the expense of the territory, and the command

ing officer of any portion of the militia in the field may provide suitable hospital and medical provisions when the military board has not provided the same.

SEC. 2. The military board sħaļl audit all claims for military service and expenditures under the provisions of this act, except the per diem of officers and privates of the uniformed militia as provided in article sixth, and may direct their payment out of the territorial military fund, and may call upon the county treasurer to pay over the county fund to the treasurer

of the territory, whenever the exigencies inay demand. No charge No charge shall be allowed or pay received for any

commissions issued under the provisions of this act.

Sec. 3. The following persons are exempt from

enrollment under this act, to-wit: The Executive and Who aró Judicial Officers of this Territory, Lunatics, Idiots, exempt.

Sheriffs, Constables, Clerks of Courts, Justices of the
Peace, and all United States officers.

ce uniform their pay heall up

Duty of military board,

tot i be allover the provoare

for commigsions.

NEGOTIABLE INSTRUMENTS.

molesting

Company may select

Sec. 4. That if any person shall molest any officer or private when on duty, the commanding officer may Penalty for require such person to be put under guard during the mi liia. time of such parade; and the act of Congress commonly called articles of war, embraced in an act for establishing rules and articles for the government of the armies of the United States, is mad (made) a part Encon fules initaru Stefatori, me m etoof of this act, so far as its provisions can be made applicable to the service of this territory, and not inconsistent with this act. The uniform of all companies of the uniformed militia shall be such as the companies themselves may select, and such companies are uniform, authorized to establish such by-laws, for the government of such companies, as they deem advisable, not? *** inconsistant with this aet, or the laws of Congress.

Sec. 5. An act entitled "an act to organize the Militia of Colorado Territory, approved August 14th, 1862,” is hereby repealed. Nothing in this (act) con- Repoaling tained shall be construed so as to impairor in any way

ela use. affect any military organization effected or made under · existing laws further than that after a commander-in

chief shall have assumed command, under the provis-
ions of this act, such organization shall be governed
by' this act.
- Approved February 10th, 1865.

AN ACT

RELATING TO NEGOTIABLE INSTRUMENTS, PROMIBORY

(PROMISSOKY) NOTES AND CONTRACTS. Be it enacted by the Council and House of Representatives

of Colorado Territory :

Bills of ozchange,

Sec. 1. When any foreign Bill of Exchange, which may be drawn for any sum of money expressing that the value has been received, shall be duly presented for acceptance or payment, and protested for non-acceptance or non-payment, the drawer or endorser thereof, due notice being given of such non-accept- If protested ance or non-payment, shall pay said bill, with legal interest thereon from the time such bill ought to have been paid until paid, and ten per cent damages in addition, together with the costs and charges of protest.

Sec, 2. If any bill of exchange, drawn upon any

Promissory notes,

person, or body politic, or corporate, out of this Bills of territory but within the United States or her territo

change, ries, for the payment of money, and expressed to be fo)eign...

for value received, shall be duly presented for acceptIf protested ance or payment, and protested for non-acceptance or

non-payment, the drawer or endorser thereof, due notice being given of such non-acceptance or non-payment, shall pay said bill, with legal interest thereon from the time such bill ought to have been paid, and ten per cent damages in addition, together with all costs and charges of protest.

SEC, 3. All promisory (promissory) notes, bonds, due bills and other instruments in writing made by any person, whereby such person promises or agrees to pay any sum of money or article of personal property, or any sum of money in personal property, or acknowledge any sum of money or article of personal property to be due to any other person or persons, shall be taken to be due and payable to the person or persons to whom the said note, bond, bi!I or other instrument in writing is made,

SEC. 4. Any such note, bill, bond, or other instru.

mentin writing made payable to any person or perNotes, bills, sons shall be assignable by endorsement thereon, under assignable. the hand of such person and of his assignee, in the

same manner as bills of exchange are, so as obsolutely to transfer and vest the property thereof in each and every assignee successively.

Sec. 5. Any assignee to whom such sum of money

or personal property is, by such indorsement, made may main- payable, or in case of the death of such assignee, his

executors or administrators may, in his own name, institute and maintain the same kind of action for the recovery thereof, against the person who made and executed any such note, bond, bill or other instrument of writing, or against his heirs, executors or administrators, as might have been maintained against him by the obligee or payee in case the same bad not been assigned, and in every such action, in which judgment shall be given for the plaintiff or plaintiffs, he shall recover his damages and costs of suit as in other cases.

SEC. 6. No maker of any such note, bond, bill, or after notice other instrument in writing, or other person liable

" thereon, shall be allowed to allege payment to the defence,

payee, made after notice of such assignment, as a defense against such assignee or assignees. : SEC, 7, Every Assignor or his heirs, executors or

Assignee

tuin action.

arment

of assignnment no

NEGOTIABLE INSTRUMENTS.

89

Dotes, bil

administrators of every such note, bond, bill, or other instrument in writing, shall be liable to the action of Holders of assignee thereof, or his executors or administrators if one such assignee shall have used due dilligence by the institution and prosecution of a suit against the maker of such assigned note, bond, bill, or other instrument of writing, or against his heirs, executors or administrators, for the recovery of the money or property due thereon, or damages in lieu thereof; Provided, that if the institution of such suit would have been unavailing, or that the inaker had absconded, or left the Territory when such assigned note, bond, bill, or other instrument in writing became due, such assignee or his executors or administrators may recover against the assignor, or against his executors, or administrators as if due diligence by suit had been used. SEC. 8. If any such note, bond, bill, or other instru

Notes, bille, ment in writing, shall be endorsed after the day on ate.. which the money, or property therein mentioned, be- wigned; comes due and payable and the endorser shall institute an action thereon against the maker of the same, the defendant being maker shall be allowed to set up the same defense that he might have done had the said action been instituted in the name and for the use of the person to whom the said note, bond, bill, or other instrument of writing was originally made due and payable. Sec. 9. If any such note, bond, bill, or other instru

Payment to ment of writing shall be endorsed before the day the payoo, ote. money or property therein mentioned becomes duo and payable, and the endorser sball institute an action thereon, the defendant may give in evidence at the trial any money or property actually paid on said note bond, bill, or other instrument in writing, was indorsed or assigned to the plaintiff on proving that the plaintiff had sufficient notice of the said payment, before he accepted or received such endorsement.

Sec. 10. In any action commenced, or which may hereafter be commenced in any court of law, of this

Territory, upon any note, bond, bill, or other instrument in writing, for the payment of money or property, or the performance of covenants or conditions by the obligee or payee thereof if such note, bond, bill, or want or instrument in writing was made or entered into with- failure of out a good or valuable consideration, or if the con- tion. sideration upon which such note, bond, bill, or instrument was made or entered into has wholly or in part

considera

a good onog, was made on hote, bond, bili boy

Tailure. z

obligee or pa

Pro vino.

wben.

"failed, it shall be lawful for the defendant against Partial"! whom such action shall have been commenced by such

obligee or payee to plead such want of consideration or that the consideration has wholly or in part failed, and if it shall appear that any such note, bond, bill, or instrument of writing was made or entered into without a good or valuable consideration, or that the consideration has wholly failed, the verdict shall be for the defendent [defendant), and if it shall appear that

the consideration has failed in part, the plaintiff shall * recover according to the equity of the case; Provided,

that nothing in this section contained shall be construed to effect or impair the right of any hona fide assignee of any instrument made assignable by this act, when such assignment was made before such instrument became due. !

9 n s: Irint - SEC. 11:' If any fraud or circumvention be used in

obtaining the making or executing of any of the Froud mar instruments aforesaid, such fraud or circumvention

may be pleaded, in bar to any action to be brought on any such instrument so obtained, whether such action be brought by the party committing such fraud or circumvention, or any assignee of such instrument, unless such instrument was negotiated before due.

SEC. 12. In all cases where any of the before mentioned instruments of writing are for the payment or

delivery of personal property other than money, and . property ''no particular place be specified in such instrument of

? writing for the payment or delivery thereof, it shall be

lawfull flawful for the maker of any such instrument of writing to tender or cause to be tendered, on the day mentioned in any such instrument, the personal property therein mentioned, at the place where the obligee or payee of any such instrument resided at the time of the execution thereof, Provided, however, If such personal property be too ponderous to be easily moved, or if the obligee'or payee of such instrument have not, at the time of the execution of such instrument of writing, a known place of residence in the county 'where the maker resides, then it shall be lawfull to tender such personal property at the place where the maker of such instrument resided at the time of the execution thereaf. Any tender made in pursuance of this section, shall be equally valid and legal in case any such instrument of writing shall have been assigned in pursuance of the first section of this act, as if no such assignment had been made, 171, 177

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