reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-107 - Estate granted deemed fee simple unless limited

Every estate in land which is granted, conveyed, or devised to one, although other words necessary to transfer an estate of inheritance are not added, shall be deemed a fee simple estate of inheritance if a lesser estate is not limited by express words or does not appear to be granted, devised, or conveyed by operation of law.
R.S. p. 107, § 7. G.L. § 166. G.S. § 204. R.S. 08: § 675. C.L. § 4876. CSA: C. 40, § 8. CRS 53: § 118-1-7. C.R.S. 1963: § 118-1-7.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-107.5 - Royalty interests - minerals or geothermal resources

(1)
Any conveyance, reservation, or devise of a royalty interest in minerals or geothermal resources, whether of a perpetual or limited duration, contained in any instrument executed on or after July 1, 1991, creates a real property interest which vests in the holder or holders of such interest the right to receive the designated royalty share of the specified minerals or geothermal resources or the proceeds therefrom in accordance with the terms of the instrument. Unless otherwise provided in the conveyance, reservation, or devise, the holder of such interest shall not have the right to:
(a)
Explore for or develop the minerals or geothermal resources;
(b)
Grant a mineral development lease; or
(c)
Receive any share of rentals, bonus payments, surface damage payments, or similar sums that might be payable under the terms of any mineral development lease.
L. 91: Entire section added, p. 1677, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-108 - Conveyances to grantee in a representative capacity

(1)
An instrument conveying an interest in real property, in which the grantee is described as trustee, agent, conservator, executor, administrator, attorney-in-fact, personal representative, nominee, custodian, or a person acting in any other representative capacity, shall also describe the representative capacity of such grantee by one or more of the following means:
(a)
Naming the person so represented;
(b)
Identifying the statute, the trust or other agreement, or the court appointment under which the grantee is acting; or
(c)
Referring, by proper description to book, page, document number, or file to an instrument, order, decree, or other writing containing any such description of the representative capacity of the grantee that is recorded with the county clerk and recorder in the county where the real property is located.
(2)
If the representative capacity of the grantee is not described as provided in subsection (1) of this section, the description of a grantee in any such representative capacity in such instrument of conveyance shall be presumed to be a description of the person only and shall not be notice of the representative capacity of such grantee.
(3)
After the recording of an instrument conveying an interest in real property in which the grantee is described as acting in a representative capacity, but in which the description of the grantee does not comply with subsection (1) of this section, and regardless of whether such instrument of conveyance was recorded prior to or after August 8, 2001, an affidavit that has been executed by or on behalf of such grantee, which refers by proper description by book, page, document number, or file to the recording information of such instrument of conveyance and that contains one of the descriptions of the representative capacity of such grantee described in subsection (1) of this section, may be recorded with the county clerk and recorder of the county where the real property is located. Upon the recording of such affidavit, all persons shall thereafter have notice of the representative capacity of such grantee with respect to the interest in real property so conveyed.
L. 21: p. 187, § 1. C.L. § 4877. CSA: C. 40, § 9. CRS 53: § 118-1-8. C.R.S. 1963: § 118-1-8. L. 2001: Entire section amended, p. 398, § 1, effective August 8.
For succession of title to property held in trust for church or religious society, see § 7-52-105.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-108.5 - Conveyances to trusts - ownership and transfer of property

(1)
A trust may acquire, convey, encumber, lease, or otherwise deal with any interest in real or personal property in the name of the trust.
(2)
In order to evidence the existence of a trust and the authority of one or more trustees to act on behalf of the trust with respect to an interest in real property held in the name of the trust, any trustee of the trust may execute and record with the county clerk and recorder of the county in which the real property is located, a statement of authority pursuant to section
38-30-172(2)
.
(3)
The provisions of subsection (1) of this section shall also apply to any interest in real or personal property that is already in the name of the trust as of August 8, 2001. Nothing in this section shall be construed to be the exclusive manner in which title to an interest in real or personal property may be held by or on behalf of a trust, and title to an interest in real or personal property may be held by or on behalf of a trust in any other manner permitted by law.
L. 2001: Entire section added, p. 399, § 2, effective August 8.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-109 - [Repealed]

L. 21: p. 188, § 2. C.L. § 4878. CSA: C. 40, § 10. CRS 53: § 118-1-9. C.R.S. 1963: § 118-1-9. L. 99: Entire section amended, p. 628, § 37, effective August 4. L. 2001: Entire section repealed, p. 399, § 3, effective August 8.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-110 - Rule against perpetuities inapplicable to cemetery trusts

(1)
Any gifts, bequests, transfers, grants, or conveyances of real or personal property by any one person in trust amounting to not more than twenty-five thousand dollars in value in the aggregate at the time of the creation of such trusts, the income of which is to be used exclusively for the purpose of creating, maintaining, or caring for any graves, tombs, mausoleums, grave markers or monuments, burial places, grave sites, cemetery plots, or graveyards and payment of reasonable compensation to the trustee, shall be good, valid, and enforceable regardless of the time such trusts continue. The rule or law against perpetuities shall have no application to any such part of any such trusts as are not more than twenty-five thousand dollars in value at the time of the creation of such trusts.
(2)
Nothing in this section shall be deemed to detract from the validity of any payment, gift, or bequest in consideration of an agreement of a cemetery relating to care and maintenance, or any trust or other agreement entered into by a cemetery in aid or furtherance of any promise of such cemetery relative to the maintenance thereof, or of any grave, tomb, mausoleum, grave marker or monument, burial place, grave site, or cemetery plot therein.
L. 43: p. 222, §§ 1, 2. CSA: C. 40, § 9(1). CRS 53: § 118-1-10. C.R.S. 1963: § 118-1-10.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-111 - Rule against perpetuities inapplicable to employees' pension trusts

No trust created by an employer as a part of a pension, stock bonus, disability, death benefit, or profit-sharing plan for the exclusive benefit of some or all of his employees or their beneficiaries, to which contributions are made by such employer or employees, or by both employer and employees, for the purpose of distributing to such employees or their beneficiaries the earnings or principal, or both earnings and principal, of such trust, is invalid by reason of any existing law or rule against perpetuities or accumulations or suspension of the power of alienation; but such trust may continue for such time as may be necessary to accomplish the purposes for which it may be created.
L. 51: p. 805, § 1. CSA: C. 40, § 9(2). CRS 53: § 118-1-11. C.R.S. 1963: § 118-1-11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-112 - Rule against perpetuities inapplicable to existing trusts

No suit or other proceeding affecting a pension, stock bonus, disability, death benefit, or profit-sharing plan existing on September 29, 1951, wherein relief is sought on the ground that such plan is in violation of any existing law or rule against perpetuities or accumulations or suspension of the power of alienation, shall be instituted.
L. 51: p. 805, § 2. CSA: C. 40, § 9(3). CRS 53: § 118-1-12. C.R.S. 1963: § 118-1-12.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-113.5 - Beneficiary deeds

Deeds intended to take effect at the death of the grantor may be executed and recorded pursuant to the provisions of part 4 of article
15
of title
15
, C.R.S.
L. 2004: Entire section added, p. 734, § 4, effective August 4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-114 - Validation of acknowledgments

Any deed or other conveyance of real property executed pursuant to section
38-30-113
, if acknowledged in conformity with the provisions of section
38-35-101
, shall be considered for all purposes as having been properly acknowledged. Such acknowledgment shall carry with it the presumption provided for by said section
38-35-101
.
L. 47: p. 354, § 2. CSA: C. 40, § 11(1). CRS 53: § 118-1-14. C.R.S. 1963: § 118-1-14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-115 - [Repealed]

Repealed by 2019 Ch. 18,§4, eff. 3/7/2019.
L. 17: p. 160, § 2. C.L. § 4880. CSA: C. 40, § 12. CRS 53: § 118-1-15. C.R.S. 1963: § 118-1-15. L. 2019: Entire section repealed, (HB 19-1098), ch. 68, p. 68, § 4, effective March 7.
Section 6 of chapter 18 (HB 19-1098), Session Laws of Colorado 2019, provides that the act repealing this section applies to deeds for the conveyance of real property that are executed on or after March 7, 2019.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-116 - [Repealed]

Repealed by 2019 Ch. 18,§5, eff. 3/7/2019.
L. 17: p. 160, § 3. C.L. § 4881. CSA: C. 40, § 13. CRS 53: § 118-1-16. C.R.S. 1963: § 118-1-16. L. 2019: Entire section repealed, (HB 19-1098), ch. 68, p. 68, § 5, effective March 7.
Section 6 of chapter 18 (HB 19-1098), Session Laws of Colorado 2019, provides that the act repealing this section applies to deeds for the conveyance of real property that are executed on or after March 7, 2019.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-116.5 - Preparation of deeds - definition

(1)
In connection with the issuance of a policy of title insurance, but subject to the terms of this statute, a licensed title insurance entity may prepare deeds for the conveyance of real property in accordance with the forms described in section
38-30-113(1)
.
(2)
A deed prepared by a licensed title insurance entity containing a covenant of warranty as provided in section
38-30-113(1)(a) or (1)(b)
must:
(a)
Include a limitation on the warranty of title pursuant to section
38-30-113(4)(a)
; and
(b)
Use the words "subject to statutory exceptions" and no other terms or descriptions, unless the preparing licensed title insurance entity is otherwise instructed in writing by both:
(I)
The grantor or an authorized agent for the grantor; and
(II)
The grantee or an authorized agent for the grantee.
(3)
When preparing a deed pursuant to this section in which the phrase "subject to statutory exceptions" is used, a licensed title insurance entity shall not disclaim, limit, or seek indemnification against liability for any negligence by the licensed title insurance entity.
(4)
As used in this section, "licensed title insurance entity" means a title insurance entity, as defined in section
10-11-102(11)
.
Added by 2019 Ch. 18,§ 2, eff. 3/7/2019.
L. 2019: Entire section added, (HB 19-1098), ch. 67, p. 67, § 2, effective March 7.
Section 6 of chapter 18 (HB 19-1098), Session Laws of Colorado 2019, provides that the act adding this section applies to deeds for the conveyance of real property that are executed on or after March 7, 2019.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-117 - Mortgages - short form - acknowledgment - effect

(1)
A mortgage of real property may be substantially in the following form:
.................., whose address is ........................, County of ........................ and State of ........................, hereby mortgage(s) to .................., whose address is ........................, County of ........................ and State of ........................, to secure the payment of .................. dollars due as follows: .................. the following described real property in the County of ........................ and State of Colorado, to wit: ........................ with all its appurtenances, and warrant(s) the title to the same, subject to ...........................
Signed this .................. day of .................., 20.....
...................................
(2)
Such mortgage may be acknowledged in accordance with section
38-35-101
. Failure to state the address or the county or state of residence of the grantor or grantee shall not affect the validity of such mortgage.
(3)
Every mortgage in substance in the above form, when properly executed, is a mortgage to secure the payment of the money specified in the mortgage, with covenants as expressed in section
38-30-113 (4)(a)
, but if the words "and warrant(s) the title to the same" are omitted, no such covenants are implied.
Amended by 2019 Ch. 18, § 3, eff. 3/7/2019.
L. 17: p. 160, § 4. C.L. § 4882. CSA: C. 40, § 14. CRS 53: § 118-1-17. L. 55: p. 718, § 2. L. 61: p. 639, § 2. C.R.S. 1963: § 118-1-17. L. 2019: (3) amended, (HB 19 -1098), ch. 68, p. 68, § 3, effective March 7.
Section 6 of chapter 18 (HB 19-1098), Session Laws of Colorado 2019, provides that the act changing this section applies to deeds for the conveyance of real property that are executed on or after March 7, 2019.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-118 - Seal not necessary

It is not necessary to the proper execution of any conveyance affecting real property that the same be executed under the seal of the grantor, nor that any seal or scroll or other mark be set opposite the name of the grantor.
L. 17: p. 161, § 5. C.L. § 4883. CSA: C. 40, § 15. CRS 53: § 118-1-18. C.R.S. 1963: § 118-1-18.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-119 - Posthumous children take as others

When an estate has been limited by any conveyance, in remainder to the children of any person to be begotten, such children born after the decease of their parent shall take the estate in the same manner as if they had been born in the lifetime of the parent, though no estate has been conveyed to support the contingent remainder after his death.
R.S. p. 107, § 8. G.L. § 167. G.S. § 205. R.S. 08: § 676. C.L. § 4884. CSA: C. 40, § 16. CRS 53: § 118-1-19. C.R.S. 1963: § 118-1-19.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-120 - Conveyance carries right of possession

All conveyances of real estate and of any interest therein, duly executed and delivered, shall be held to carry with them the right to immediate possession of the premises or interest conveyed, unless a future day for the possession is therein specified.
R.S. p. 107, § 9. G.L. § 168. G.S. § 206. R.S. 08: § 677. C.L. § 4885. CSA: C. 40, § 17. CRS 53: § 118-1-20. C.R.S. 1963: § 118-1-20.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-121 - What covenants run with the land

Covenants of seisin, peaceable possession, freedom from encumbrances, and warranty contained in any conveyance of real estate, or any interest therein, shall run with the premises and inure to the benefit of all subsequent purchasers and encumbrancers.
R.S. p. 107, § 10. G.L. § 169. G.S. § 207. R.S. 08: § 678. C.L. § 4886. CSA: C. 40, § 18. CRS 53: § 118-1-21. C.R.S. 1963: § 118-1-21.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-122 - No action against warrantor without notice and refusal to defend

No right of action shall exist upon a covenant of warranty against a warrantor when possession of the premises warranted has been actually delivered to or taken by the warrantee, until the party menacing the possession of the grantee, his heirs, personal representatives, or assigns have commenced legal proceedings to obtain possession of the premises in question and the grantor, after notice, has refused to defend, at his own cost, the premises in such action.
R.S. p. 108, § 11. G.L. § 170. G.S. § 208. R.S. 08: § 679. C.L. § 4887. CSA: C. 40, § 19. CRS 53: § 118-1-22. C.R.S. 1963: § 118-1-22.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-123 - Powers of attorney must be recorded

In order that all conveyances which are executed by any attorney-in-fact may be seen to be executed with the assent of the grantor, the power of attorney of the attorney-in-fact, duly proved or acknowledged, shall be recorded in the same office in which the conveyances themselves are required to be recorded.
R.S. p. 108, § 12. G.L. § 171. G.S. § 209. R.S. 08: § 680. C.L. § 4888. CSA: C. 40, § 20. CRS 53: § 118-1-23. C.R.S. 1963: § 118-1-23.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-124 - Powers of attorney, how acknowledged and proved

Powers of attorney for the conveying, leasing, or releasing of any lands, tenements, or hereditaments or any interest therein may be acknowledged or proved in the same manner as deeds.
R.S. p. 111, § 16. G.L. § 175. G.S. § 214. R.S. 08: § 681. C.L. § 4889. CSA: C. 40, § 21. CRS 53: § 118-1-24. C.R.S. 1963: § 118-1-24.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-125 - Scroll sufficient

Any instrument of writing to which the maker shall affix a scroll, by way of seal, shall be of the same effect and obligation to all intents as if the same were sealed.
L. 1879: p. 170, § 1. G.S. § 3121. R.S. 08: § 683. C.L. § 4890. CSA: C. 40, § 22. CRS 53: § 118-1-25. C.R.S. 1963: § 118-1-25.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-127 - Acknowledgments taken pursuant to other laws

(1)
In addition to the acknowledgment of instruments as provided by articles
30
to
44
of this title, instruments may be acknowledged by:
(a)
Members of the armed forces of the United States and certain other persons, as provided by section
24-12-104
, C.R.S.;
(b)
Any person within or outside of this state, pursuant to part 5 of article
21
of title
24
.
(2)
Any person otherwise authorized by law to take acknowledgments in this state may take and certify acknowledgments either in accordance with articles
30
to
44
of this title or in the same manner and on the same evidence as provided in part 5 of article
21
of title
24
. Any certificate of acknowledgment that is taken pursuant to such part 2 shall be valid and have the benefits set forth in subsection (3) of this section, whether such certificate is given before or after January 1, 1999.
(3)
A certificate of acknowledgment taken pursuant to part 5 of article
21
of title
24
, or taken pursuant to such part 2 and subsection (2) of this section shall:
(a)
Constitute prima facie evidence of proper execution of the instrument acknowledged;
(b)
Carry with it the presumptions provided by section
38-35-101
; and
(c)
Be accorded the same force and effect as any acknowledgment taken and certified in accordance with articles
30
to
44
of this title.
Amended by 2017 Ch. 264, § 121, eff. 5/25/2017.
Amended by 2017 Ch. 207, § 7, eff. 8/9/2017, but later changed to 7/1/2018.
L. 43: p. 217, § 1. L. 47: p. 356, § 4. CSA: C. 40, § 23A. CRS 53: § 118-1-27. C.R.S. 1963: § 118-1-27. L. 98: Entire section amended, p. 744, § 7, effective 1/1/1999. L. 2017: (1)(b), (2), and IP(3) amended, (SB 17-132), ch. 207, p. 808, § 7, effective 7/1/2018.
(1) Section 8(2) of chapter 207 (SB 17-132), Session Laws of Colorado 2017, provides that the act changing this section applies to conduct occurring on or after July 1, 2018.
(2) The effective date for changes to this section by Senate Bill 17-132 was changed from August 9, 2017, to July 1, 2018, by section 121 of Senate Bill 17-294. (See L. 2017, p. 1418.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-128 - Prima facie validity of prior foreign acknowledgments

All deeds and other instruments in writing relating to real estate in this state which have been executed prior to April 23, 1909, purporting to have been acknowledged or proved out of this state before any judge, or clerk, or deputy clerk of any court of record of any foreign kingdom, empire, republic, state, principality, province, colony, island possession, or bailiwick certifying the acknowledgment under the seal of such court, or purporting to have been acknowledged or proved before the chief magistrate or other chief executive or chief officer of any province, colony, island possession, or bailiwick of such foreign kingdom, empire, republic, state, or principality, such chief magistrate or other chief officer of any such colony, island possession, or bailiwick certifying the same under the seal of such colony, island possession, or bailiwick; or purporting to have been acknowledged or proved before a notary public having a seal, or before the mayor or other chief executive officers of any city, town, borough, county, or municipal corporation having a seal, of any such foreign kingdom, empire, republic, state, principality, province, colony, island possession, or bailiwick, such mayor or other chief officer certifying such acknowledgment under such seal; or purporting to have been acknowledged or proved out of this state and within any such kingdom, empire, republic, state, principality, province, colony, island possession, or bailiwick, before any ambassador, minister, consul, vice-consul, consular agent, vice-consular agent, charge d'affaires, commercial agent, vice-commercial agent, or any diplomatic, consular, or commercial agent or representative, or any deputy of any thereof, of the United States or of any other government or country, appointed to reside in the foreign country or place where the proof or acknowledgment is made, certifying the same under the seal of his office, shall be deemed prima facie to have been acknowledged or proved before proper officers, and such deeds or other instrument in writing, and in case of the loss of the originals, a copy of the record thereof, and of the certificate of the acknowledgment or proof appertaining to the same, shall be received as prima facie evidence of the execution and acknowledgment thereof, anything in the statutes of this state to the contrary notwithstanding.
L. 09: p. 33, § 1. C.L. § 4892. CSA: C. 40, § 24. CRS 53: § 118-1-28. C.R.S. 1963: § 118-1-28.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-129 - Clerk of U.S. courts may take acknowledgments

Deeds, bonds, and agreements in writing conveying lands or any interest therein, or affecting title thereto, may be acknowledged or proved before any clerk of the circuit or district court of the United States, for the district of Colorado, or any deputy of such clerk, such clerk or deputy clerk certifying such acknowledgment under the seal of such court respectively.
L. 1879: p. 5, § 1. G.S. § 211. R.S. 08: § 685. C.L. § 4893. CSA: C. 40, § 25. CRS 53: § 118-1-29. C.R.S. 1963: § 118-1-29.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-130 - Governor may appoint commissioners of deeds

The governor may appoint and commission in any other state, in the District of Columbia, in each of the territories of the United States, and in any foreign country one or more commissioners, who shall keep a seal of office and continue in office during the pleasure of the governor and shall have authority to take the acknowledgment or proof of the execution of any deed or other conveyance or lease of any lands lying in this state or of any contract, letters of attorney, or any other writing under seal, or note to be used and recorded in this state, and such commissioners appointed for any foreign country shall also have authority to certify to the official character, signature, or seal of any officer within their district who is authorized to take acknowledgments or declarations under oath.
L. 1885: p. 147, § 1. R.S. 08: § 686. C.L. § 4894. CSA: C. 40, § 26. CRS 53: § 118-1-30. C.R.S. 1963: § 118-1-30.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-131 - Oath of commissioner of deeds

Every such commissioner, before performing any duty or exercising any power by virtue of his appointment, shall take and subscribe an oath or affirmation, before a judge or clerk of one of the courts of record of the district, territory, state, or country in which such commissioner resides or before any ambassador, minister, consul or vice-consul, consular agent, vice-consular agent, charge d'affaires, or any diplomatic, consular, or commercial agent or representative of the United States appointed for the foreign state or country in which such commissioner resides, well and faithfully to execute and perform all the duties of such commissioner under and by virtue of the laws of the state of Colorado, which oath, and an impression of the seal of office, together with his signature thereto, shall be filed in the office of the secretary of state of this state within six months after the date of appointment.
L. 1885: p. 148, § 2. R.S. 08: § 687. C.L. § 4895. CSA: C. 40, § 27. L. 37: p. 470, § 1. CRS 53: § 118-1-31. C.R.S. 1963: § 118-1-31.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-132 - Effect of commissioner's acknowledgment

Such acknowledgment or proof so taken according to the laws of this state, and certified by any such commissioner under his seal of office, annexed to or endorsed on such instrument, shall have the same force and effect as if the same had been made before a judge or any other officer authorized to perform such act in this state.
L. 1885: p. 148, § 3. R.S. 08: § 688. C.L. § 4896. CSA: C. 40, § 28. CRS 53: § 118-1-32. C.R.S. 1963: § 118-1-32. L. 64: p. 307, § 270.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-133 - Commissioner has power to administer oath

Every commissioner has the power to administer any oath, which may be lawfully required in this state, to any person willing to take it and to take and certify all depositions to be used in any of the courts of this state, in conformity with the laws thereof, either on interrogations proposed under commission from a court of this state or by consent of parties, and all such acts shall be as valid as if done and certified according to law by a magistrate of this state.
L. 1885: p. 148, § 4. R.S. 08: § 689. C.L. § 4897. CSA: C. 40, § 29. CRS 53: § 118-1-33. C.R.S. 1963: § 118-1-33.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-134 - Fees of commissioners

Commissioners, for like services, shall be allowed the same fees as are allowed by law to notaries public of this state.
L. 1885: p. 148, § 5. R.S. 08: § 690. C.L. § 4898. CSA: C. 40, § 30. CRS 53: § 118-1-34. C.R.S. 1963: § 118-1-34.
For fees allowable to notary public, see § 24-21-529.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-135 - Officer shall subscribe certificate

Every certificate of the acknowledgment or proof of any deed, bond, agreement, power of attorney, or other writing for the conveyance of real estate, or any interest therein or affecting title thereto, shall be subscribed by the officer certifying the same with his proper hand and shall be endorsed upon or attached to such deed or other writing.
R.S. p. 113, § 22. G.L. § 180. G.S. § 220. R.S. 08: § 692. C.L. § 4900. CSA: C. 40, § 31. CRS 53: § 118-1-35. C.R.S. 1963: § 118-1-35.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-136 - Subsequent proof of execution - proof or acknowledgment of copy

(1)
When any deed or instrument of writing has been executed and not acknowledged according to law at the time of the execution thereof, such deed or instrument of writing may at any subsequent time be acknowledged by the makers thereof in the manner provided in this article, or proof may be made of the execution thereof before any officer authorized to take acknowledgments of deeds in the manner provided in this section. Such officer, when the fact is not within his own knowledge, shall ascertain from the testimony of at least one competent, credible witness, to be sworn and examined by him, that the person offering to prove the execution of such deed or writing is a subscribing witness thereto. Thereupon such officer shall examine such subscribing witness upon oath or affirmation, and shall reduce his testimony to writing and require the witness to subscribe the same, endorsed upon or attached to such deed or other writing, and shall thereupon grant a certificate that such witness was personally known or was proved to him by the testimony of at least one witness (who shall be named in such certificate) to be a subscribing witness to the deed or instrument of writing to be proved, that such subscribing witness was lawfully sworn and examined by him, and that the testimony of the said officer was reduced to writing and by said subscribing witness subscribed in his presence.
(2)
If by the testimony it appears that such witness saw the person, whose name is subscribed to such instrument of writing, sign, seal, and deliver the same or that such person afterwards acknowledged the same to the said witness to be his free and voluntary act or deed and that such witness subscribed the said deed or instrument of writing in attestation thereof, in the presence and with the consent of the person so executing the same, such proof if attested and the authority of the officer to take the same duly proved in the same manner as required in the case of acknowledgment, shall have the same force and effect as an acknowledgment of said deed or instrument of writing by the person executing the same, and duly certified.
(3)
When any such deed or instrument of writing has been executed and recorded without due proof, attestation or acknowledgment as required by law, a certified copy from such record may be proved or acknowledged in the same manner and with like effect as the original thereof. No person shall be permitted to use such certified copy so proved as evidence except upon satisfactory proof that the original thereof has been lost or destroyed or is beyond his power to produce.
R.S. p. 109, § 15. G.L. § 174. G.S. § 213. R.S. 08: § 693. C.L. § 4901. CSA: C. 40, § 32. CRS 53: § 118-1-36. C.R.S. 1963: § 118-1-36.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-137 - Recording of leases based on crop rentals

In any case where agricultural lands are leased upon a crop rental basis and the landlord receives under the terms of the lease a share of the crop in lieu of a cash rental, such lease may be recorded in the office of the county clerk and recorder of the county where the lands leased, or the major part thereof, are situated. The filing of such lease shall be notice to all persons of the right of the landlord or lessor in and to any crops grown on said lands. Any purchaser of any such crop, or of any part thereof, shall be bound to take notice of the rights of the lessor therein and shall be accountable to such lessor for the purchase price of any such crop to the extent of the lessor's interest therein.
L. 25: p. 177, § 1. CSA: C. 40, § 33. CRS 53: § 118-1-37. C.R.S. 1963: § 118-1-37.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-138 - Filing and recording fee

The fee for filing and recording such lease shall be the same as that now provided by law for the recording of deeds of real estate.
L. 25: p. 177, § 2. CSA: C. 40, § 34. CRS 53: § 118-1-38. C.R.S. 1963: § 118-1-38.
For filing and recording fees chargeable by county clerk and recorders, see § 30-1-103.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-139 - [Repealed]

L. 17: p. 400, § 1. C.L. § 4904. CSA: C. 40, § 35. CRS 53: § 118-1-39. C.R.S. 1963: § 118-1-39. L. 96: Entire section repealed, p. 1561, § 13, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-140 - Foreign deeds - translation - proof - not recorded without

Deeds, bonds, agreements in writing, and powers of attorney for the conveyance of lands, or any interest therein, or affecting the title thereto executed in any foreign country, and the acknowledgment or proof of execution thereof, may be executed, heard, taken, and certified in the language of such foreign country, and there shall be attached thereto a translation into the English language by any person learned in the language of such foreign country and by such person sworn to be a true and correct translation thereof before any officer or court authorized to take the acknowledgment of deeds. Such deed, bond, agreement, or power of attorney, and the certificate of acknowledgment or proof thereof, may be read in evidence and recorded with like effect as if written in the English language. Such translation shall not be conclusive upon any party desiring to question the correctness thereof. No such deed or other writing shall be entitled to record unless accompanied by such sworn translation.
R.S. p.113, § 21. G.L. § 179. G.S. § 219. R.S. 08: § 698. C.L. § 4908. CSA: C. 40, § 37. CRS 53: § 118-1-41. C.R.S. 1963: § 118-1-40.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-141 - Conveyance by county or municipality

The board of county commissioners of any county, or the common council of any city, or the board of trustees of any town may, by order to be entered of record among the proceedings of any such board or council, appoint a commissioner to sell and convey any real estate belonging to such county, city, or town and to affix to any conveyance thereof the seal of such county, city, or town. Any such conveyance, executed in accordance with such order, shall have the effect of transferring to the grantee named all the estate of such county, city, or town in the real estate so conveyed. Nothing in this section shall be so construed as to prevent any such board of county commissioners from selling and conveying any such real estate belonging to such county by deed or conveyance signed and acknowledged by each member of said board and attested by the signature of the county clerk and recorder and the official seal of said county. Nothing in this section shall be so construed as to prevent any such board of trustees or city council from conveying any real estate belonging to such town or city by deed or conveyance signed and acknowledged by the mayor of said town or city, attested by the signature of the town or city clerk and by the official seal of such town or city, when any such mayor and clerk are authorized to do so by ordinance or by a vote of the residents thereof, as the case may be.
G.L. § 181. L. 1881: p. 64, § 1. G.S. § 221. R.S. 08: § 699. C.L. § 4909. CSA: C. 40, § 38. L. 47: p. 357, § 1. CRS 53: § 118-1-42. C.R.S. 1963: § 118-1-41.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-142 - Prior deeds and conveyances by commissioners validated

All deeds and conveyances of any real estate, formerly belonging to any county conveyed prior to April 4, 1947, by deed signed and acknowledged by the members of the board of county commissioners of such county and attested by the county clerk and recorder of such county, with the official seal thereof affixed, shall be deemed and held to be legal, valid, and binding conveyances of the real estate therein described in all respects and in the same manner as though said deeds or conveyances had been signed by a commissioner appointed for the purpose of selling and conveying the same on behalf of such county.
L. 47: p. 358, § 2. CSA: C. 40, § 38(1). CRS 53: § 118-1-43. C.R.S. 1963: § 118-1-42.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-143 - Prior deeds and conveyances by council validated

All deeds and conveyances of any real estate, formerly belonging to any town or city conveyed prior to April 4, 1947, by deed signed and acknowledged by the mayor and attested by the clerk with the official seal of any such town or city affixed, shall be deemed and held to be legal, valid, and binding conveyances of the real estate therein described in all respects and in the same manner as though said deeds or conveyances had been signed by a commissioner appointed for the purpose of selling and conveying the same on behalf of such town or city.
L. 47: p. 358, § 3. CSA: C. 40, § 38(2). CRS 53: § 118-1-44. C.R.S. 1963: § 118-1-43.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-145 - Conveyance by sheriff

Deeds, executed by any sheriff or other officer for real estate sold upon execution, or pursuant to the decree or order of any court, shall be acknowledged or proved and admitted to record in like manner and with like effect as other deeds. The successor in office of any sheriff or other officer shall have authority to execute deeds for real estate sold by his predecessor upon execution at law, or the judgment, order, or decree of any court of equity.
R.S. p. 113, § 26. G.L. § 184. G.S. § 224. R.S. 08: § 702. C.L. § 4912. CSA: C. 40, § 40. CRS 53: § 118-1-46. C.R.S. 1963: § 118-1-45.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-146 - Fraternal society may hold and convey real estate

Any odd fellows or masonic lodge or other like benevolent and fraternal society duly chartered by its grand body according to the laws, constitution, and usages of such fraternity, and not wishing to become a corporate body, may take and hold real estate for its use and benefit by purchase, grant, devise, gift, or otherwise in and by the name and number of said body according to the respective registers of the grand body under which the same may be held, and the presiding officer of such body, together with the secretary thereof, may make conveyances of any real estate belonging to such body, when authorized by said body, under such regulations as the said society or its grand body may see fit to make. All such conveyances shall be attested by the seal of said subordinate body.
L. 1893: p. 85, § 1. R.S. 08: § 703. C.L. § 4913. CSA: C. 40, § 41. CRS 53: § 118-1-47. C.R.S. 1963: § 118-1-46.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-147 - Presiding officer may bring suit to protect property

Should it become necessary at any time to protect the rights of such body in and to real estate or personal property, the presiding officer thereof may bring suit in his own name for the benefit of the lodge or society over which he presides, in any court of record of this state having original jurisdiction and may prosecute or defend the same in the supreme court of the state.
L. 1893: p. 86, § 2. R.S. 08: § 704. C.L. § 4914. CSA: C. 40, § 42. CRS 53: § 118-1-48. C.R.S. 1963: § 118-1-47.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-148 - Joint property of fraternal society

In case any property is held jointly by two or more such bodies or lodges, the presiding officers of each of said bodies or lodges holding jointly may unite in bringing suit in their own names for the benefit of bodies or lodges over which they preside.
L. 1893: p. 86, § 3. R.S. 08: § 705. C.L. § 4915. CSA: C. 40, § 43. CRS 53: § 118-1-49. C.R.S. 1963: § 118-1-48.