§ 1-2135, Vol. 2: $2136-4161-G, Vol. 3: § 4162-6457, Vol. 4: § 6458-7284, Vol. 5.
Blacklisting and Boycotting,
Blacklist shall not be maintained

Board of Lunacy Commissioners,
See Lunacy Commissioners; Insane
Asylum.

Board of Medical Examiners,

See State Board of Medical Exam-
iners.

unlawful Board of Nurse Examiners,
See State Board of Nurse Exam-
iners.

In negotiable instruments, holder Board of Penitentiary Commission-
fill, when, § 4477.

7263. County judge keep record of probate matters-Failure

-Records indexed-Originals filed.

SEC. 224. Every county judge shall record, or cause to be recorded, all his proceedings in relation to probate matters, including wills and the probate thereof, letters testamentary and of administration, guardianship and conservatorship, bonds, oaths of office, inventories, appraisements, sale bills, reports, orders, judgments and decrees, which shall be entered at length in books to be furnished for that purpose by the board of county commissioners upon request of such judge, which entries shall be made within thirty days, and upon failure or neglect so to do, he shall be held guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not to exceed one hundred dollars. All such records shall be properly indexed. The originals of all such documents shall be filed and preserved in the office of the clerk of such court. Certified copies of all such records and entries, or of any papers or exhibits on file in such court, certified by the clerk or judge thereof under the seal of such court, shall be receivable in evidence where evidence of such entries, proceedings, records or files is required in any court of this state.

Legislation. Sec. 1263. Act 1903 p. 534 § 172, cited under § 7040. The text embodies the provisions of G. S. §§ 512-514, 516. G. L. S 587-589, 591, which were all repealed by the 1903 Act.

CITATIONS.

The statute makes transcripts of letters of administration evidence. Semble, the originals are admissible.-K. P. Ry. Co. v. Miller, 2 C. 454.

If the county court permits one of the books of its office to be taken into another court as evidence, the objection that the original, and not a certified, copy is produced is not tenable.McAllister v. Peo., 28 C. 159, 63 P. 309.

7264. Letters, writs, etc., issued in name of people.

SEC. 225. All letters testamentary or of administration, guardianship or conservatorship, writs, summons, subpoenas, citations and all other process which at any time may be made or issued by the county court or the judge thereof in proceedings under this act, shall be made and issued in the name of the people of the state of Colorado and bear test in the same manner as other process issued out of the county court.

Legislation. Sec. 7264.
Framed on G. S. § 517.

Act 1903 p. 535 § 173, cited under § 7040.
G. L. § 592.

7265. Act not affect prior rights-Pending suits.

SEC. 226. Nothing in this act shall be held to apply to or in any manner affect any right which has accrued prior to the passage hereof, or any suit or cause now pending in any court in this state, but such suit or cause shall be conducted, inquired of, prosecuted, litigated, adjudged and determined as provided for by the laws in force before and at the time this act takes effect; Provided, That any proceedings necessary or proper in the administration or settlement of any estate of a minor, mental incompetent or deceased person now in process of administration or settlement may be conducted under this act; but any proceedings now pending in such administration may proceed and be determined under the provisions of the laws in force prior to and at the time of the passage of this act.

[Section 174 was a repealing clause.]

Legislation. Sec. 7265. Act 1903 p. 537 § 175, cited under 7040. Sec. 174 cited in the official note repealed many enumerated sections of the G. S. and many Acts by their titles.

G. S. § 506 repealed, was a tabulated statement of the powers of county judges. It was not replaced in the 1903 Act but its items were scattered among many sections. It was G. L. § 582 and had been substituted by Act 1891 § 1 p. 108, but the amendment was overlooked in the list of repeals.

G. L. 593. G. S. § 518 was a general assertion of the power of county courts to transact probate business.

CITATIONS CONTINUED.

The disadvantage of both partics, in the production of evidence, mentioned in an action against an administratrix.-Perot v. Cooper, 17 C. 82, 28 P. 392.

So much of sec. 2027 as disqualified witnesses on account of conviction for crime was repealed by the act of 1883.-Trackman v. Peo., 22 C. 84, 43 P. 663.

In a civil cause the record of the conviction of a crime is usually the best evidence.-Courvoiser v. Raymond, 23 C. 117, 47 P. 286.

The court should clearly advise the jury for what purpose they may consider testimony tending to show a conviction of crime-Herren v. Peo., 28 C. 30, 62 P. 833.

Under this section and sections of the code the deposition of a party to an action may be taken when he is out of the state. -Doherty v. Healy, 36 C. 463, 86 P. 324.

This and section 7267 construed as to the competency of th wife of a claimant against an estate.-Butler v. Phillips, 38 C. 389-392, 88 P. 483.

The combined effect of this and sec. 7267 is to enlarge common law competency so as to embrace all persons except those within sec. 7267.-King Shoe Co. v. Chittenden, 16 A. 442, 66 P. 173.

7267. In what cases party in interest may not testify-Cases excepted.

SEC. 2. That no party to any civil action, suit or proceeding, or person directly interested in the event 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 an idiot, lunatic or distracted person, or as the executor or administrator, heir, legatee or devise 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:

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 proceedings, any agent of any deceased person, shall, in behalf of any person or persons

suing or being sued, in either of the capacities above named, testify to any conversation or transaction between 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 deceased person, shall in behalf of any party in such action, suit or proceeding testify to any conversation or admission by any adverse party or parties in interest, occurring before the death and in the absence of such deceased person, such adverse party or parties in interest may also testify to the samo admission or conversation.

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

Sirth-In any such action, suit or proceeding, any adverse party or parties in interest may testify as to any conversation or admission, or as to all matters and things connected with the subject matter of said action, suit or proceeding, and which conversation and admission and matters and things aforesaid, occurred before the death and in the presence of such deceased and also in the presence of any member of the family of such deceased person over the age of sixteen years, or in the presence of any heir, legatee or devisee of such deceased person over the age of sixteen years; Provided, however, That such member of the family, heir. legatee or devisee as the case may be, is present at the hearing of said action, suit or proceeding, or whose testimony is or may be procurable at such trial.