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SEC. 3. Every person, association, or corporation that shall fail or refuse to keep the book required by the terms of tho first section of this act, or shall fail or refuse to make any proper entry therein, or who shall make any false entry therein, or who shall refuse to any person who may be entitled to the same, as provided by section two (2) of this act, the right of inspection thereof, shall forfeit and pay for each and every violation of the provisions of said section a penalty of not less than fifty (50) nor more than three hundred (300) dollars, to be collected by action of debt at the suit of any person who may sue for the same. In addition to such penalty, any person, association, or corporation violating the provisions of said first section shall be liable, at the suit of the party or person aggrieved, in the proper form of action, for all damages which may accrue to any party or person by reason of any such violation. And in all actions the fact that a false entry has been made shall be prima.facie evidence that the same was made willfully or knowingly:
Sec. 4. If any person, association, or corporation shall fail or neglect to make the inquiries necessary to the making of the proper entries in said book, as provided by section one (1) of this act, or shall so negligently make entries therein that any lot of ore cannot be particularly identified, or so negligently that it cannot be perceived therefrom what person delivered any lot of ore or received the proceeds of the same when purchased, or shall fail to keep such book, or shall willfully suffer the same to be lost or mislaid, so that the same cannot be produced for inspection, such failure or neglect shall not excuse any party defendant in any suit brought under the preceding section from judgment for any penalty prescribed by said section.
Sec. 5. Any person, association, or corporation, or the agent of any person, association, or corporation, who shall knowingly purchase or contract to purchase, or shall make any payment for or on account of, any ore which shall have been taken from any mine or claim, by persons who have taken or may be holding possession of any buch mine or claim, contrary to any penal law now in force or which may be hereafter enacted, shall be considered as an accessory after the fact to the unlawful holding or taking of such mine or claim, and upon conviction shall be Bubjected to the same punishment to which the principals may be liable.
Sec. 6. Any person, association, or corporation, or the agent of any person, association, or corporation engaged in the business of milling, sampling, concentrating, reducing, shipping, or purchasing ores, as aforesaid, who shall keep or use any false or fraudulent scales or weights for weighing ore, or who shall keep or use any false or fraudulent assay scales or weights for ascertaining the assay value of ore, knowing them to be false, every person 80 offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceeding one thousand (1,000) dollars nor less than one hundred (100) dollars or imprisonment not more than one year, or both, at the discretion of the court. Sec. 7. Any person, corporation, or association, or the agent of any person, corporation, or association engaged
milling, sampling, concentrating, reducing, shipping, or purchasing of ores in this state, who shall, in any mavner, knowingly alter or change the true value of any ores delivered to him or them, so as to deprive the seller of the result of the correct value of the same, or who shall substitute other ores for that delivered to him or them, or who shall issue any bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay valne, and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement with another, sball issue a bill of sale or certiticate of purchase that does not truthfully and correctly set forth the weight, assay value, and total amount paid for any lot or lots of ore purchased by him or them, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceeding one thousand (1,000) dollars nor less than one hundred (100) dollars, or imprisonment not more than one year, or both, at the discretion of the court.
Sec. 8. If any person, lessee, licensee, or employé in or about any mine in this state, shall break and sever, with intent to steal, the ore or mineral from any mine, lode, ledge, or deposit in this state, or shall take, remove, or conceal the ore or mineral from any mine, lode, ledge, or deposit, with intent to defraud the owner or owners, lessee, or licensee of any such inine, lode, ledge, or deposit, such offender shall be deemed guilty of felony, and on conviction shall be punished as for grand larceuy.
CHAP. LXXXIII.-PUBLIC LANDS.
(Revised Statutes, Chap. LXXII., p. 530; Gen. Laws, p. 713.) SECTION 1. Conceding to the United States of America the primary and paramount right to dispose of the soil of this state according to the laws existing or to be enacted by Congress, and full and complete exemption from every form of taxation of their property, it is hereby declared that as between all the good citizens now residing in or who shall hereafter come to reside in this state, and as between them, or any of them, and others having or claiming, or now or hereafter pretending to have or claim, any right to occupy, possess, and enjoy any portion of the public domain situate within the boundaries of this state, and as between each and every of them, and all other persons, associations, corporations, and powers, except the government of the United States of America, the right, as the saine may exist under the local laws, to occupy, possess, and enjoy any tract or portion thereof, Rhiall be respected in law and equity in all the courts and tribunals of this state.
SEO. 2. All rights of occupancy, possession, and enjoyment of any tract or portion of the said public domain, except mining-claims, acquired after the adoption of this chapter, shall be expressed and described in a declaration in cases of original occupation, and by a deed in cases of purchase, duly acknowledged, by some officer authorized to take acknowledgments of deeds, and recorded in the office of the recorder of the county in which the land is situated.
SEC. 3. The owner of every claim or improvement on every tract or parcel of land has a transferable interest therein, which may be sold in execution or otherwise; and any sale of such improvement is a sufficient consideration to sustain a promise.
SEC. 4. All rights of occupancy, possession, and enjoyment of any tract or portion of the said public domain acquired before the seventh day of November, A. D. 1861, shall be ascertained, adjudged, and determined by the local law of the district or precinct in which such tract is situated as it existed on the day when such rights were acquired, or as it thereafter may have existed; and if there were no local laws at that time, then by the common custom then prevailing in respect to such property in the district or precinct in which it existed. All such rights of occupancy, possession, and enjoyment acquired sinco the said seventh day of November, A. D. 1861, shall be ascertained, adjudged, and determined by the laws of this state in force at the date of such acquisition.
SEC. 5. The declaration of an occupant of a tract or portion of the public domain, required by the second section of this chapter, shall be substantially in the following form: To all whom these presents may concern :
Know yc, That I, A. B., of -, in the county of —, in the state of Colorado, do hereby declare and publish, as a legal notice to all the world, that I have a valid right to the occupation, possession, and enjoyment of all and singular that tract or parcel of land, not exceeding one hundred and sixty acres, situato, lying, and being in the township of — in the county of — in the state of Colorado, bounded and described as follows: (here insert the description), together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining. Witness my hand and seal this day of -, in the year one thousand eight hundred and
(To be subscribed with the full Christian and surname of the person making the application, and acknowledged in the same manner as a deed of real estate.)
Sec. 6. In all legal or equitable proceedings hereafter instituted in any court of this state, the record of any declaration, deed, or mortgage, or other muniments of right, referred to in the third and fifth sections of this chapter, shall be received, except as against the United States and all persons claiming under the United States, as presumptive evidence of the regularity of tho paper itself under the local law or custom existing at the time of its execution; and if the regularity thereof shall be challenged, the burden of proving the alleged irregularity shall rest upon the party making the challenge.
Sec. 7. The declaration of every occupant of any tract or portion of the public domain, mentioned in section five of this chapter, shall not be construed to include any gold-bearing quartz lodes, silver lodes, or gold diggings; but said lodes and diggings shall be excepted from the tract of said occupant, and shall be subject to be occupied, possessed, and enjoyed as hereinafter provided.
SEO. 8. Any person settled upou any of the public lands belonging to the United States may maintain trespass quare clausum fregit, trespass, ejectment, forciblo entry and detainer, unlawful detainer and forcible detainer, for injuries done to the possession thereof.
SEC. 9. On the trial of any such cause the possession or possessory right of the plaintiff shall be considered as extending to the boundaries embraced by the claim of such plaintiff, so as to enable him to have and maintain either of the aforesaid actions without being compelled to prove an actual inclosure: Provided, That each claim shall not exceed in any case one hundred and sixty acres of land.
SEC. 10. Every such claim, to entitle the bolder to maintain either of the aforesaid actions, sball be marked out so that the boundaries thereof may be readily traced and the extent of such claim casily known; and no person shall be entitled to maintain either of said actions for possession of, or injury done to, any claim unless he occupy the same, or shall have made improvements thereon to the value of one hundred dollars.
SEC. 11. A neglect to occupy such claim, or to inclose at least five acres with a reasonablo fence, or plow at least five acres of the same for the period of six months, shall be considered such an abandonmont as to preclude the claimants from maintaining either of the aforesaid actions.
Sec. 12. Any person who may have a title to occupy any lot or lots within any city or village plot, or any lots or mining.claim within any mining district in this state, in virtue of a certificate, deed of gift, or purchase from the original claimant or claimants, or their assigns, as well as all purchasers, under any decree or execution of any of the so-called provisional.government courts, people's or miners' courts, of the lands situate within any city or village plot, or any lots, lands, or mining-claims situate within any miving district, together with the original claimant or claimants of said lots, lands, or minivg-claims, shall be entitled to maintain the actions authorized by the eighth section of this chapter against any and all persons who shall enter upon and ocoupy said lots, lands, or mining
claims, or any of them: Provided, It shall be lawful for the citizens of any mining district to declare an abandonment of any creek, river, gulch, bank, or mining-claim a forfeiture of the rights of the claimants thereto; in which case the parties claimant shall not be enabled to maintain either of the actions mentioned in section eight of this chapter.
Sec. 13. Nothing in this chapter contained shall be construed to deny the right of the United States to dispose of any lands in this state; nor shall the fact that the title to any lots, lands, lodes, or mining-claims hath not passed from the United States be any bar to the recovery of the plaintiff in either of the actions specified in section eight of this chapter. As against the United States, and all persons holding any of said lands under the United States or the laws thereof, this chapter shall be of non-effect and void.
SEC. 14. Sections ten and eleven of this chapter are not intended, and shall not be construed, to affect or apply to mining claims, but shall affect and be applicable to claims held or used for arable or pastoral agriculture only.
Seo. 15. Whenever any improvements may be made upon any claim held or used for arable or pastoral agriculture, or upon any building-lot, mill-site, or other lot or premises, and any person or persons shall demand of the claimant thereof to mine any portion of said claim upon which such improvements may have been made, it shall be lawful for the occupant or holder of such claim to require a good and sufficient bond, in a sum double the value of the improvements upon the land sought to be mined, from the party or parties demanding to mine upon such claim, with two or more sureties, to be approved by any justice of the peace of the township in which the claim is situate, conditioned that the said party or parties shall pay all damage which may be sustained by the occupant or holder of such claim to the improvements thereon.
SEC. 16. It shall be the duty of the said justice of the peace, by whom the bond is required to be approved, as is above recited, in case the value of the improvements cannot be agreed upon by the claimant and the party or parties seeking to mine, to appoint a day and hour to hear testimony respecting the value of the improvements which may be damaged by reason of such mining.
Sec. 17. It shall be the duty of the justice to require the suretics entering into such bond as is above required to justify, before him, each in the sum stated in said bond; and if the claimant sball oxcept to the said sureties, or either of them, it shall be lawful for said justice, and be is heroby required, to examine said surety or sureties excepted to, on oath, touching the sufficiency of said surety or sureties; and if the justice shall find either or both of said sureties insufficient, it shall be the duty of the justice to require further sufficient surety or sureties, which shall be likewise approved, and shall justity as is above required.
SEC. 18. It shall be competent for said claimant to demand from the obligees in said bond, at any time after one week after mining shall be commeuced ou said claim, such sum as may be equal to the damage done tho improvements thereon, and after every week it shall be competent for said claimant to inake the like demand, unless tho payment of the damage done or to be done said improvements shall, by the claimant, be postponed for a longer time.
SEC. 19. That when any person hath heretofore, or shall hereafter, settle upon and improve any of the public lands which liave been, or shall hereafter be, donated by act of Congress to public uses, for educational or other purposes, and upon any sale of such lands by public authority subsequont to such settlement and improvement, if the person settling upon such lands shall not become the purchaser, the person becoming the purchaser of such lands shall pay to such settler the reasonable value of his improvements thereon.
Sec. 20. Whenever the parties cannot agree as to the reasonable value of such improvements, the same shall bo recoverable by an action of assuunpsit in the district court of the proper county.
Sec. 21. Nothing berein contained shall be coustrued to interfero with the right of the purchaser of any such lands to the immediate possessiou thereof upon the completiou of his purchase.
CHAP. LXXXVII.- REVENUE. AN ACT to provide for the assessmont and collection of revenue, and to repeal certain acts in rolation thoroto. (Approved March 20,
1877; Gen. Laws, p. 741.)
Definitions. Sectiox 3. Whenever the terms mentioned in this section are employed in this chapter they are employed in the sense hereinafter affixeil to them:
First. The term real estate includes, first, all lands within the state to which title, or the right to title, has becu acquireal from the government of the United States; second, all mines, minerals, and guarries in and under the land, and all right and privileges appertaining thereto; third, improvements.
Second. The term “improvements” includes, first, all buildings, structures, fixtures, and fences erected upon or aflised to land, whether title has been acquired to said land or not.
Sec. 5. The following classes of property shall be exempt from taxation, to wit: first, mines and mining-claims bearing gold, silver, and other precious metals (except the net proceeds and surface improvements thereof), for the period of ten years from the first day of July, A. D. 1876; second, ditches, canals, and Aumes owned and used by individuals or corporations for irrigating lands owned by such individuals or corporations, or the individual members thereof, shall not be separately taxed so long as they shall be owned and used exclusively for such purpose.
AN ACT to provide for the incorporation, maintenance, management, and support of the school of mines. (Approved April 7, 1877; Gen.
Laws, p. 803.) SECTION 1. The state school of mines, located at Golden, in the county of Jefferson, is hereby declared to be a body corporate under the name of “ School of Mines”, and by that name may sue and be sued; may take and hold real and personal property by gift, bequest, devise, or purchase for the state, and may sell and dispose of the same when anthorized so to do by law.
SEC. 2. There shall be a board of trustees of said school of mines, to be composed of five persons, who shall, except as bereinafter provided, hold their office for a period of four years and until their successors are appointed and qualified. Any three of said board of trustees shall constitute a quorum for the transaction of business, and the said board shall have such powers and perform such duties as are hereinafter specified.
SEC. 3. The first board of trustees shall be composed of the following persons, who are hereby appointed for such purpose, to wit: William A. H. Loveland, Francis E. Everett, James T. Smith, Alpheus Wright, and N. P. Hill, the first three of whom shall hold their office until the first day of February, A. D. 1881, and the other two until the first day of February, A. D. 1879.
SEC. 4. Every trustee hereafter appointed shall, before entering upon the duties of his office, take an oath to support the Constitution of the United States and the constitution of the state of Colorado, and to faithfully perform the duties of his said office of trustee to the best of his ability and understanding.
SEC. 5. The said board of trustees shall have the control and management of the said school of mines, and of the property belonging thereto, subject to the laws of this state, and may make all needful by-laws and regulations for the government of said board, and for the management and government of said school of mines, not inconsistent with the laws of this state.
Sec. 6. It shall be the object of such school of mines to furnish facilities for the education of such persons as may desire to receive special instruction in chemistry, metallurgy, miueralogy, geology, mining, mining engineering, mathematics, mechanics, and drawing.
NOTE.-Sec. 6, repealed by act approved February 12, 1881, Stats., p. 219. See also p. 220, act of February 4, 1881.
Sec. 7. The said board of trustees are hereby authorized to procure such machinery and other appliances and to make such necessary additions to the school of mines building as may be necessary to carry out the object and intention of such institution, and to promote the welfare thereof, whenever the funds provided for the support of said school of mines will warrant the same.
SEC. 8. The said school of mines shall be open and free for instruction to all bona fide residents of this state, without regard to sex or color, and, with the consent of said board, students from other states or territories may receive education thereat upon such terms and at such rates of tuition as the board may prescribe.
SEC. 9. The said board shall, at their first meeting, and biennially thereafter, elect one of their number president of said board, and shall also appoint-a secretary and treasurer, either from their own number or other suitable persons, as they may deem best, and prescribe their duties, and may, at any time in their discretion, renove such secretary or treasurer. And the trustees hereby appointed shall hold their first meeting as soou as practicable after this act shall take effect. All meetings of said board shall be held at the town of Golden, in the county of Jefferson, in this state.
SEO. 10. The governor of this state, with the advice and consent of the senate, shall, at each regular session of the general assembly to be held after the year 1877, by appointment fill all vacancies in said board of trustees occurring either by expiration of their term of office or otherwise; and any vacancy occurring in such board when the general assembly is not in session may be temporarily filled by the governor until the next meeting of the general assembly.
SEC. 11. The president of said board shall be known as president of the school of mines, and shall annually, on or before the tenth day of December in each year, make a report to the governor of this state of the prosperity and condition of said school of mines, containing such statistical and other information pertaining thereto as be may deem necessary and useful, and also a detailed statement of the receipts and expenses of such institution.
SEC. 12. There shall be assessed and levied upon all taxable property, both real and personal, in this state, in each year, the following tax for the support of said school of mines, to wit: one-tenth (1-10) of one mill on each
dollar of the yearly assessed value of such property, to be known as the school-of-mines tax, which shall be payable only in money, and shall be assessed, levied, and collected in the same manner and at the same time as is now or may be prescribed by law for the assessment and collection of state revenue.
NOTE.-Section 12, repealed by act approved February 8, 1879, Stats.,
SEC. 13. It shall be the duty of the county treasurer of each county to keep the said fund separate from all other funds collected by him, and to transmit the amount thereof in his hands monthly to the state treasurer, who shall keep the same as a separate fund, to be known as the school-of-mines fund.
Sec. 14. The state auditor shall, from time to time, draw his warrants upon said fund, in favor of the treasurer of the school of mines, upon the presentation to him by such treasurer of the order of the president of the school of mines, countersigned by the secretary thereof, and in such sum or sums as may be necessary to defray the monthly expenditures of said institution specified in such order or orders, and the said warrants shall be paid by the state treasarer out of such fund.
Sec. 15. The said board of trustees shall require the treasurer of the school of mines to give such bond as they may deem sufficient to protect said institution against loss of any funds which may come into bis hands as such treasurer, conditioned for the safe keeping and faithful disbursement thereof; and the said treasurer of the school of mines shall not pay out any of the funds which shall come into his hands as such treasurer, except upon the order of the president of the school of mines, countersigned by the secretary thereof.
SEC. 16. The unexpended balance of the appropriation made to the school of mines by the legislature of Colorado, in the year 1876, shall constitute a part of the school.of-mines fund, and shall be used for the support of said school of mines for the year ending December 31, 1877.
Sec. 17. It sball be lawful for the professor or principal of the said school of mines, who shall be appointed by the said board of trustees, to charge and collect such reasonable fees for any and all assays and analyses made by bim as the said board may prescribe, an account of which shall be kept by said principal and paid over monthly to the treasurer of said school of mines, which shall become a part of the school-of-mines fund.
Sec. 18. As soon as practicable after the first board of trustees herein provided for shall be organized, all property, both real and personal, belonging to such school of mines shall be transferred and vested in the trustees herein provided for and their successors in ottice, in trust for the use and benefit of the state of Colorado.
SEC. 19. The school.of mines fund shall be used solely for the support of the school of mines and for no other purpose whatever, notwithstanding any provision in the act to establish the office of commissioner of mines.
SEC. 20. This act sball not take effect unless the fee simple title to the real estate now occupied and controlled by the said school of mines shall, with eighty days from the passage of this act, be vested in the trustees of the school ot' inines, free of any condition of wheasance whatsoever. When the said title shall be so vested, it shall be the duty of the attorney-general to certity such fact in writing to the state auditor, and the state auditor shall notify the county clerks of the several counties of this state of the same, in order that (the) tax herein provided may be properly levied and assessed.
NOTE. -See Chap. XV, act February 8, 1872, General Law8, p. 126; also act approved February 8, 1879, Siats., p. 158.
CHAP. LIII.—JUDGVENTS AND EXECUTIONS.
(Revised Statutes, Chap. XLVIII, p. 369; Gen. Laws, 523.)
SECTION 26. The following property, when owned by any person being the head of a family and residing with the same, shall be exempt from levy and sale upon any execution, or writ of attachment, or distress for rent; and such articles of property shall continne exempt while the family of such person are removing from one place of residence to another within this state:
Sixth. The tools aud implements or stock in trade of any mechanic, miner, or other person, used and kept for the purpose of carrying on his trade or business, vot exceeding two hundred dollars in value.
Eighth. Working animals to the value of two hundred dollars.
Prorided, That nothing in this chapter shall be so construed as to exempt any property of any debtor from sale for the payment of any taxes whatever, legally assessed: And prorided further, That no article of property above mentioned shall be exempt from attachment or sale on execution for the purchase money for said article of property: And provided also, further, That the tools, implements, working animals, books, and stock in trade, not exceeding three bundred dollars in value, of any mechanic, miner, or other person not being the head of a family, used and kept for the purpose of carrying on his trade and business, shall be exempt from levy and sale on any execution or writ of attacbnent while such a person is a bona fide resident of this state.