Vital statistics of control of board. the business of the board. He shall, so far as possible, aid in obtaining contributions to the library and museum of the board. He shall prepare blank forms of returns, and such instructions as may be necessary, and forward them to the clerks of the several boards of health throughout the state. He shall collect information, with the assistance of each member of the board, concerning vita! statistics, knowledge respecting disease, and all useful information on the subject of hygiene; and, through an annual report, and otherwise, as the board may direct, shall disseminate such information among the people. It shall be his duty to act as correspondent in answering all inquiries made by non-resident physicians and invalids, who are at liberty to call upon him for special information as to the sanative influence of this climate. 82. SEC. 5. The state board of health shall have the state to be under general direction and control of the system of vital statistics of the state, in so far as the editorial work and statistical plans of the same are concerned. Health physicians, clerks of local boards and physicians of public institu 83. SEC. 6. It shall be the duty of all health physicians, and also of the clerks of local boards of health of each town, village and city, and the regular physician of each public institution in the state, at least once in each to state board. year, to report to the state board of health, their proceedings and such other facts as may be required by said state board. tions shall report annually Information bearing upon be forwarded to health. 84. SEC. 7. In order to afford to the board better advantages for obtaining knowledge important to be incorporated with that collected through special investigation, and public health to from other sources, it shall be the duty of all officers of the state board of state, the physicians of all mining or other incorporated companies, or the president or agent of any company chartered, organized, or transacting business under the laws of this state, so far as is practicable, to forward to the state board of health any information which they possess bearing upon public health which may be requested by said board for the purpose of enabling it better to perform its duties of collecting and distributing useful knowledge on the subject. AN ACT CONCERNING A BOARD OF HEALTH. board of health. Be it enacted by the General Assembly of the State of Colorado: 85. SECTION I. The board of health, established by Powers of state act of the council and house of representatives, approved, February 10, 1876, shall have power to make by-laws and all needful rules and regulations for its own government; and any member failing to obey said by-laws, or to comply with said rules and regulations, shall be subject to Members may removal, upon a vote of a majority of the members of said board, and upon certification of the same to the governor of the state by the secretary of the board, the governor shall declare the office vacant, and immediately fill the vacancy by the appointment of some other person. be removed for cause and vacancies filled. How money re state shall be 86. SEc. 2. All money received by the board from the state, or otherwise, shall be expended in the manner ceived from the deemed best by the board for carrying out the objects for expended. which it was created. 87. SEC. 3. Section eight of an act to establish a territorial board of health, approved February 10, 1876, is hereby repealed. Repeal. Approved, March 22, 1877. CHAPTER IX. BONDS, BILLS, AND PROMISSORY NOTES. [Revised Statutes, Chapter X.] Liability of drawer or indorser of foreign bill 88. SECTION I. 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 of exchange. for acceptance or payment, and protested for non-acceptance or non-payment, the drawer or indorser 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 until paid, and ten per cent. damages in addition, together with the costs and charges of protest. 89. SEC. 2. If any bill of exchange, drawn upon any person, or body politic or corporate, out of this state, but Liability of drawer or indors but within the United States. within the United States or her territories, for the payment er of bill of ex- of money, and expressed to be for value received, shall be change, payable out of this state duly presented for acceptance or payment, and protested for non-acceptance or non-payment, the drawer or indorser 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. All promissory notes, etc., taken person to whom made. 90. SEC. 3. All promissory notes, bonds, due-bills, to be due to the 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 acknowledges 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, bill, or other instrument in writing is made. Any such notes, able to any per son, shall be as signable by indorsement 91. SEC. 4. Any such note, bill, bond, or other instru⚫ etc., made payment in writing, made payable to any person or persons, shall be assignable by indorsement thereon, under the hand of such person and of his assignee, in the same manner as bills of exchange are, so as absolutely to transfer and vest the property thereof in each and every assignee successively. thereon. Assignee may tion in his own name. 92. SEC. 5. Any assignee to whom such sum of money maintain an ac- or personal property is by such indorsement made 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 had 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. 93. SEC. 6. No maker of any such note, bond, bill, or payment to pay other instrument in writing, or other person liable thereon, Allegation of shall be allowed to allege payment to the payee, made ee, after notice of after notice of such assignment, as a defence against such allowed as deassignee or assignees. assignment, not fense against action by assignee. Liability of assignee. 94. SEC. 7. Every assignor or his heirs, executors, or administrators, of every such note, bond, bill, or other assignor to instrument in writing, shall be liable to the action of the assignee thereof, or his executors or administrators, if such assignee shall have used due diligence, 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 if the maker had absconded, or left the state, 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. assigned after maker allowed against assignee 95. SEC. 8. If any such note, bond, bill, or other if note, etc., is instrument in writing, shall be indorsed after the day on maturity, the which the money or property therein mentioned becomes the same defense due and payable, and the indorser shall institute an action as against payee. 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. ment before ma may show in de to payee before "which assignee had notice. 96. SEC. 9. If any such note, bond, bill, or other In case of assigninstrument of writing shall be indorsed before the day the turity, maker money or property therein mentioned becomes due and fense payments payable, and the indorser shall institute an action thereon, assignment, of 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, before the same 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 indorsement. When want or failure of consideration may plead. 97. SEC. IO. In any action commenced, or which may be hereafter be commenced in any court of law of this state, 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 obligor or maker thereof, if such note, bond, bill, or instrument in writing was made or entered into without a good or valuable consideration, or if the consideration upon which such note, bond, bill, or instrument was made or entered into has wholly or in part failed, it shall be lawful for the defendant against 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 defendant, and if it shall appear that the consideration has failed in part, the plaintiff shall recover according to the equity of the case; of assignable in- provided, that nothing in this section contained shall be be impaired in construed to affect or impair the right of any bona fide assignee of an instrument made assignable by this chapter, when such assignment was made before such instrument became due. Right of assignee strument not to case of assign ment before in strument becomes due. Instruments ob are rendered void, except when negotiated before due. 98. SEC. II. If any fraud or circumvention be used in tained by fraud obtaining the making or executing of any of the 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. In case of note 99. SEC. 12. In all cases where any of the beforepayable in per- mentioned instruments of writing are for the payment or when tender of delivery of personal property other than money, and no property may be particular place be specified in such instrument of writing sonal property, delivery of such made. for the payment thereof, it shall be lawful 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 |