fied that justice will be promoted and the rights of the parties more satisfactorily ascertained and established. And the statute contains the same provision in favor of persons laboring under disability as is contained in the Illinois statute in this regard. (R. S. ch. 27, §§ 27, 28, 29.) If the plaintiff shall have taken possession of the premises by virtue of any recovery in ejectment, such possession will not in any way be affected by the vacating of any judgment as before provided; but if the defendant recover in any new trial authorized, he will be entitled to a writ of possession, in the same manner as if he were plaintiff. (R. S. ch. 27, § 30.) Upon any new trial granted in the action of ejectment, the defendant may show any matters in bar of a recovery, which he might show to entitle him to the possession of the premises, if he were plaintiff in the action, and the plaintiff recovering judg ment in ejectment in any other cases in which the action may be maintained, will also be entitled to recover damages against a defendant for the rents and profits of the premises recovered. (R. S. ch. 27, §§ 31, 32.) same. Instead of the action of trespass for mesne profits, the plaintiff seeking to recover such damages must, within one year after the entering of the judgment, make and file a suggestion of such claim, which will be entered with the proceedings thereon upon the record of such judgment, or be attached as a continuance of the Such suggestion is required to be substantially in the same form as is now in use for a declaration in an action of assumpsit for use and occupation as near as may be; and it must be served on the defendant in the same manner as is prescribed respecting the service of a summons in ejectment; and the same rules of pleading thereto are to be observed as upon a declaration in personal actions. The defendant may plead the general issue of nonassumpsit, and under such plea may give notice of, or may plead specially, any matter in bar of such claim, except such as were or might have been controverted in the action of ejectment, but he may plead or give notice of a recovery by such defendant, or any other person of the same premises, or any part thereof, subsequent to the verdict in such action of ejectment, in bar or mitigation of the damages claimed by the plaintiff. (R. S. ch. 27, §§ 33, 34, 35.) If any issue of fact be joined on such suggestion, it must be tried as in other cases; and if such issue be found for the plaintiff, the same jury must assess his damages to the amount of the mesne profits received by the defendant since he entered into possession of the premises. On the trial of such issue, the plaintiff is required to establish, and the defendant may controvert, the time when such defendant entered into the possession of the premises. The time during which he enjoyed the mesne profits of the premises will not be evidence of such time. On such trial, the defendant will have the same right to set off any improvements made on the premises to the amount of the plaintiff's claim, as is allowed by law, and in estimating the plaintiff's damages, the value of the use by the defendant of any improvements made by him will not be allowed to the plaintiff. (R. S. ch. 27, §§ 36, 37.) If no issue of fact be joined on such suggestion, or if judgment thereon be rendered against the defendant by default, on demurrer, or otherwise, a writ of inquiry to assess the value of such mesne profits will be issued, of the execution of which the same notice must be given to the defendant or his attorney as in other cases; and, upon the execution of such writ, the plaintiff will be required to establish the same matters as is required in the case of an issue being joined; and the defendant may in like manner controvert the same, and make any set-off to which he may be entitled, and the jury must assess the damages in the same manner; the same proceedings must be had on such writ, and it must be returned as in other cases, with the inquisition taken thereon. Upon such inquisition, or upon the verdict of the jury, in the case of the issue being joined, the court will render judgment as in actions of assumpsit for use and occupation, which will have the like effect in all respects. (R. S. ch. 27, §§ 38, 39.) If the plaintiff in ejectment shall have died after issue joined on the judgment therein, his personal representations may enter a suggestion of such death, of the granting letters testamentary or of administration to them, and may suggest their claim to the mesne profits of the premises recovered, in the same manner and with the like effect as the deceased; and the same proceedings in all respects will be had thereon. (R. S. ch. 27, § 40.) In all cases in which any person has entered upon and occupied any lands, tenements or hereditaments within the territory of Colorado, by virtue of any lease or permit of the United States, or the territory of Colorado, such person, his, her or their heirs or assigns, may have and maintain an action of ejectment against any person who has entered or may enter upon such lands, tenements or hereditaments without the consent of such lessee, his, her or their heirs or assigns, and proof of the right of possession will be sufficient to authorize a recovery. (R. S. ch. 27, § 41.) It is not necessary, in trials of ejectment, when it shall appear by the return that the defendant or defendants were in possession of the premises at the time when the suit was brought, for the plaintiff to prove that said defendant or defendants were in possession at the time of bringing such suit, unless the defendant or defendants shall by special plea deny that he, she or they were in possession; and the plea of not guilty will not put in issue the possession of the premises claimed. (R. S. ch. 27, § 42.) Every person who may be evicted from any land for which he can show a plain, clear and connected title in law or equity, deduced from the record of some public office, without actual notice of an adverse title, in like manner derived from record, will be exempt and free from all and every species of action, writ or prosecution for or on account of any rents or profits or damages which shall have been done, accrued or incurred at any time prior to receipt of actual notice of the adverse claim by which the eviction may be effected; provided, such person obtained peaceable possession of the land. (R. S. ch. 27, § 43.) The statute of Colorado concerning actions for the recovery of real property has not yet received any construction by the courts of the territory; but it is so similar, in many respects, to the statutes of New York and Illinois upon the same subject, that the decisions of the courts of those states may be safely consulted for the purpose of obtaining a judicial construction of such statute. In the state of Oregon the distinction between forms of action at law is abolished, and they have there one form of action at law for the enforcement of private rights or the redress of private wrongs; and in such action the party complaining is known as the plaintiff, and the adverse party as the defendant. (Gen. Laws, 1864, ch. 1, §§ 1, 2.) The action for the recovery of real property, or an estate or an interest therein, must be commenced and tried in the county in which the subject of the action, or some part thereof, is situated; subject, however, to the right of the court or a judge thereof to change the place of trial of such action for good cause shown. (Gen. Laws, ch. 1, §§ 41, 44.) The action for the recovery of real property, like other actions at law, is commenced by filing a complaint with the clerk of the court, and causing a summons to be served on the defendant. The summons may be in the form prescribed for other actions not for the recovery of money or damages only, and may be served as in other cases. (Gen. Laws, ch. 1, §§ 50-58.) The action must be commenced against the person in the actual possession of the property at the time, or, if the property be not in the actual possession of any one, then against the person acting as the owner thereof. A defendant who is in actual possession may, for answer, plead that he is in possession only as tenant of another, naming him and his place of residence, and thereupon the landlord, if he apply therefor, will be made defendant in place of the tenant, and the action will proceed in all respects as if originally commenced against him. If the landlord do not apply to be made defendant within the day the tenant is allowed to answer, thereafter he will not be allowed to; but he will be made defendant if the plaintiff require it. If the landlord be made defendant, on motion of the plaintiff, he will be required to appear and answer within ten days from notice of the pendency of the action and the order making him defendant, or such further notice as the court or judge thereof may prescribe. (Gen. Laws, ch. 4, §§ 313, 314.). The plaintiff in his complaint must set forth the nature of his estate in the property, whether it be in fee, for life, or for a term of years, and for whose life, or the duration of such term, and that he is entitled to the possession thereof, and that the defendant wrongfully withholds the same from him to his damage, such sum as may be therein claimed. The property must be described in the complaint with such certainty as to enable the possession thereof to be delivered, if a recovery be had. (Gen. Laws, ch. 4, § 315.) The defendant will not be allowed to give in evidence any estate in himself or another in the property, or any license or right to the possession thereof, unless the same be pleaded in his answer. If so pleaded the nature and duration of such estate, or license or right to the possession, must be set forth with the certainty and particularity required in a complaint. If the defendant does not defend for the whole of the property, he must specify for what particular part he does defend. In an action against a tenant the judgment will be conclusive against a landlord, who has been made defendant in place of the tenant, to the same extent as if the action ---- had been originally commenced against him. (Gen. Laws, ch. 4, S316.) If the verdict of the jury be for the plaintiff, it must be that he is entitled to the possession of the property described in the complaint, or some part thereof, or some undivided share or interest in either, and the nature and duration of his estate in such property, part thereof, or undivided share or interest in either, as the case may be. If the verdict be for the defendant, it must be that the plaintiff is not entitled to the possession of the property described in the complaint, or to such part thereof as the defendant defends for, and the estate in such property or part thereof, or license or right to the possession of either, established on the trial by the defendant, if any; in effect as the same is required to be pleaded. (Gen. Laws, ch. 4, § 317.) The plaintiff will only be entitled to recover damages for withholding the property for the term of six years next preceding the commencement of the action, and for any period that may elapse from such commencement to the time of giving a verdict therein, exclusive of the use of permanent improvements made by the defendant. When permanent improvements have been made upon the property by the defendant, or those under whom he claims, holding under color of title adversely to the claim of the plaintiff in good faith, the value thereof at the time of trial must be allowed as a set-off against the damages. And if the right of the plaintiff to the possession of the property expire after the commencement of the action, and before the trial, the verdict must be given according to the fact, and judgment will be given only for the damages. (Gen. Laws, ch. 4, §§ 318, 319.) The court or judge thereof, on motion, and after notice to the adverse party, may, for cause shown, grant an order allowing the party applying therefor to enter upon the premises in controversy, and make survey and admeasurement thereof for the purposes of the action, the same as in some of the other western states. The order must describe the property, and a copy thereof must be served upon the defendant, and thereupon the party may enter upon the property and make such survey and admeasurement, but if any unnecessary injury be done to the premises he will be liable therefor. (Gen. Laws, ch. 4, §§ 320, 321.) An action for the recovery of the possession of real property against a person in possession cannot be prejudiced by any aliena |