parties in interest may also testify as to the same admison or conversation.

Fifth-When in any such action, suit or proceeding, the position of such deceased person shall be read in evince at the trial, any adverse party or parties in interest ay testify as to all matters and things testified to in ch deposition by such deceased person, and not excluded r irrelevancy or incompetency.

Testimony of

in regard to

2953. SEC. 3. When in any civil action, suit or proeding, the claim or defense is founded on a book account, party in interest y party or interested person may testify to his account book accounts. ok, and the items therein contained; that the same is a ook of original entries, and that the entries therein, were ade by himself, and are true and just, or that the same ere made by a deceased person, or by a disinterested pern, a non-resident of the state at the time of the trial, and ere made by such deceased or non-resident person in the ual course of trade, and of his duty or employment to e party so testifying; and thereupon the said account ok and entries shall be admitted as evidence in the case.

in what case

interested may

2954. SEC. 4. That in any action, suit or proceeding, In actions by or or against any surviving partner or partners, joint con- against surviving partners or actor or contractors, no adverse party or person adversely joint contractors, terested in the event thereof, shall, by virtue of section party adversely e of this act, be rendered a competent witness to testify be competent any admission or conversation by any deceased partner joint contractor, unless some one or more of the surwing partners or joint contractors were also present at the ne of such admission or conversation.

witness.

Testimony of

against each

2955. SEC. 5. That no husband or wife shall, by virtue section one of this act, be rendered competent to testify husband or wife or against each other, as to any transaction or conversa- other. on occurring during the marriage, whether called as a tness during the existence of the marriage or after its ssolution, except in cases when the wife would, if unmared, be plaintiff or defendant, or where the cause of action ows out of a personal wrong or injury done by one to e other, or grows out of the neglect of the husband to nish the wife with a suitable support; and except, also, cases where the litigation shall be concerning the sepa

Testimony of

civil action.

rate property of the wife, in all of which cases the husband and wife may testify for or against each other in the same manner as other parties may under the provisions of this

act.

2956. SEC. 6. That any party to any civil action, suit adverse party in or proceeding may compel any adverse party or person for whose benefit such action, suit or proceeding is brought instituted, prosecuted or defended, to testify as a witness at the trial, or by deposition, taken as other depositions are by law required, in the same manner and subject to the same rules as other witnesses.

Transfer of

render party

competent to testify.

2957. SEC. 7. That in any civil action, suit or proceed claim will not ing, no person who would, if a party thereto, be incompe tent to testify therein under the provisions of section two or section three, shall become competent by reason of any assignment or release of his claim, made for the purpose of allowing such person to testify.

What laws not

act.

2958. SEC. 8. That nothing in this act contained sha affected by this in any manner affect the laws now existing relating to the settlement of estates of deceased persons, infants, idiots, lunatics, distracted persons, or to the acknowledgment or proof of deeds and other conveyances relating to real estate, in order to entitle the same to be recorded; or as to the attestation of the execution of the last wills and testaments, or of any other instrument required by law to be attested.

I'remium for

CHAPTER CV.

WOLVES AND CAYOTES.

AN ACT FOR THE DESTRUCTION OF WOLVES AND CAYOTES.

[Session Laws, 1876.]

2959. SECTION I. That any person who shall kill any killing wolf or Wolf or cayote or any number of wolves or cayotes within this state, shall receive a premium of fifty cents for each

cayote.

wolf or cayote so killed, to be paid out of the state treasury as hereinafter provided.

Affidavit to be

clerk upon de

2960. SEC. 2. Any person claiming such premium may produce the scalp, including the ears entire, to the made to county county clerk of the county in which such wolf or cayote livery of scalp. shall be killed, within two months after such killing, and take and subscribe the following oath or affirmation before such clerk:

"I do solemnly swear (or affirm) that the scalp (or scalps) here produced by me this day are of a wolf (or cayote, or wolves or cayotes, as the case may be, giving the number,) within the county of and that the same was (or

were) killed by me within two months last past."

To which oath the clerk shall append the usual jurat, subscribed by himself, as such officer.

2961. SEC. 3. Such clerk shall forthwith destroy such

Certificate of

scalp or scalps by burning the same, and give the person county clerk. proving up the same, as aforesaid, under the hand of such clerk and the county seal, a certificate setting forth in words the number of scalps and the name and residence of such person, and that he has proved the killing as required by statute, and is entitled to the sum of dollars as premium therefor.

Payment of cer

county treasurer

2962. SEC. 4. Such certificates shall be received, and the amount so certified paid to the holder on presentation, tificate by by the collector of the revenue of the county in which the same was given, and such collector shall be allowed pay out of the state treasury for the same.

Register of

be

2963. SEC. 5. Such clerk shall keep a register of the number of all such scalps in a book which he shall keep scalp whtered for that purpose, in which he shall enter every certificate therein. granted, the date when, and the persons by whom proven, and shall transmit a certified copy of such register, quarterly, on the first of January, April, July and October, of each year, under the seal of the county, to the treasurer of the state; and the said clerk shall file the aforesaid oaths and keep them free for inspection.

2964. SEC. 6. Such clerk shall receive for his services from the treasury of his county at the same rate as allowed by law for similar services, to be audited by the board of county commissioners.

Compensation of

county clerk.

ACTS=

OF THE

FIRST GENERAL ASSEMBLY STATE OF COLORADO,

1876-7,

REPEALING FORMER LAWS ONLY.

AN ACT TO REPEAL SECTION TWO (2) OF AN ACT ENTITLED AN ACT CONCERNING COSTS IN CERTAIN CASES, APPROVED FEBRUARY 11, 1876.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. That section two (2) of an act entitled an act concerning costs in certain cases, approved February 11, A. D. 1876, be and the same is hereby repealed.

SEC. 2. Nothing in this repeal shall apply to cases pending in court at the time this act takes effect.

Approved, January 31, 1877.

1

AN ACT TO REPEAL AN ACT ENTITLED "AN ACT CONCERNING COSTS IN CRIMINAL CASES,”, APPROVED FEBRUARY 7, 1876.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. That an act entitled "an act concerning costs in criminal cases," approved February 7, 1876, be, and the same is hereby repealed. SEC. 2. Inasmuch as the act hereby repealed, in many cases works great hardships to innocent parties, and justice is impeded in certain cases, it is considered that an emergency exists, requiring that this act take effect immediately; therefore, this act shall take effect immediately upon its passage. Approved, February 8, 1877.