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SCHOOLS.

SEC. 3. All acts and parts of acts conflicting with this act are hereby repealed.

Approved, February 8, 1865.

101

AN ACT:

TO AMEND AN ACT ENTITLED "AN ACT TO ESTABLISH
THE COMMON SCHOOL SYSTEM,

Be it enacted by the Council and House of Representatives of Colorado Territory:

Territorial

superintend

SEC. 1. That the Territorial Treasurer is hereby treasurer made and declared to be ex-officio Territorial Superin-officio tendent of Public Instruction, and is by this act aunt of publie thorized and required to perform all the duties that by law rightfully pertain to said office,

SEC. 2. That said Territorial Treasurer as Superintendent of Public Institution [Instruction] shall be paid annually, out of the Territorial Treasury, the sum of one hundred dollars for the performance of the duties of said office.

instrustion.

Salary,

house fund,

SEC. 3. That in all cases when there are moneys belonging to the School House Fund, remaining in the hands of the District Treasury [Treasurer] of any School District, and the Board of Directors School thereof are satisfied that such moneys are not required to build a Schoo! House or School Houses in said district, or repair or furnish the same, such moneys may be tausfered [transferred] and accredited to the Teachers Fund, and applied to the pay [payment] of teachers.

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county su

ents.

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SEC. 4. That the several County Superintendents of Common Schools in this Territory shall Por diem of be allowed five dollars per day, out of the County perintendTreasury of his respective County, for the time actually spent in the performance of his duties, in addition to other expenses incured [incurred] in purchas ing books, stationery, &c., necessary to said office, an account of which shall be made out by him quarterly and signed and sworn to, and laid before the County county comCommissioners at their regular meetings who, after missioners. examining the same, if found correct, shall issue, on the County Treasury, warrants for the amount due. SEC. 5. That the words, "first day of May" where

Account to

Cellector pay over tax, when,

Repealing clause,

the same occur in section seventeen be stricken out and the words "first Monday in April" inserted instead thereof, Also the words "tenth day of February" be stricken out in the sixty-sixth (66) sect.on and the words "first Monday of January inserted, Also the words "Provided, however, That said tax shall not exceed one and one half per cent. on the taxable property aforesaid in any one year" be stricken out, where the same occur at section twenty-nine. Also that all of section.one, section twenty-one and section seventyfive be and the same are hereby reppealed [repealed]. SEC. 6. This act shall take effect and be in force from and after its passage.

-Approved February 10th, 1865.

Stallions.

Penalty.

Sheep or

hogs.

Penalty,

Fines.

AN ACT

TO RESTRAIN SHEEP, HOGS AND STALLIONS FROM RUNNING
AT LARGE.

Be it enacted by the Council and House of Representatives of Colorado Territory:

SEC. 1. That any person or persons owning or having in charge any stallion or stallions more than one year old, and shall permit the same to run at large, he or they shall be fined in a sum not less than twenty dollars nor more than one hundred dollars for each and every such offense, and any person or persons owning or having in charge sheep, hog or hogs, and shall permit the same to run at large without a herder or pasturer, he or they shall be fined in a sum not less than five nor more than ten dollars for each and every offence, and be responsible for any and all damage which they may commit, to be collected in the same manner as in other cases made and provided, together with all costs of proceedings; and the animal or anifnals so found running at large, contrary to this act, may be taken and held as security for the payment of such fines, costs and damages; and all fines accruing under this act shall be applied to the school fund of the county in which the offense is committed,

SEC. 2. If any such stock as described in the preceding section is permitted to run at large, any person may complain, on oath, before any magistrate of any

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county wherein such stock is running at large, when the magistrate shall immediately proceed to issue a Complaint. summons requiring the offender to immediately appear before him, and if after hearing he shall be satisfied Duty of that such stock is running at large he shall inflict the fine on the offender and assess the damage as prescribed in the preceeding [preceding] section.

Magistrate.

When

not known.

SEC. 3. That whenever any stock as above described is found running at large, and the owner or persons having the same in charge is not known, the persons owner is taking up such stock shall proceed in the same manuer as is provided in cases of lost goods and estray stock. Provided, That should the owner or owners, or persons having such stock in charge be, at any subsequent time known he shall be held liable for all damages done by such stock, by suit before any magistrate, as in section second of this act.

SEC. 4. This act to be in force from and after the first day of April next,

Approved February 8th, 1865.

AN ACT

AUTHORIZING THE LEVY OF A SPECIAL TAX IN ARAPAHOE
JEFFERSON, CLEAR CREEK AND GILPIN COUNTIES.

Be it enacted by the Council and House of Representatives of Colorado Territory:

certain

counties

SEC. 1. That the County Commissioners of Arap- Commis ahoe, Jefferson, Clear Creek and Gilpin Counties are sioners of hereby authorized to levy and collect forthwith, in money, a special tax of not more than one per cent. upon the valuation of property in said counties for the year A. D., 1864, to be expended by said Commissioners in bounties to the Militia of said counties, and for protection and defense against hostile Indians.

may levy & collect a special tax,

How levied

SEC. 2. Said tax shall be levied and collected in the manner provided by existing law for levying and col-collec ed. lecting county taxes.

Approved February 8th, 1865.

J

PART II.

PRIVATE ACTS.

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