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SEC. 3. All acts and parts of acts conflicting with this act are hereby repealed. · Approved, February 8, 1865.

AN ACT:2:
To AMÉND AN AOT ENTITLED “An Aer 10 ESTABLISH

THE COMMON SCHOOL Systi;.
Be it enacted by the Council and House of Representatives

of Colorado Territory :

trustion.

Salary

Territorial Sec. 1. That the Territorial Treasurer is hereby I

uy treasurer made and declared to be ex-officio Territorial Superins ežeraficio

'superintend tendent of Public Instruction, and is by this act au col of public 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.

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 in thereof are satisfied that such moneys are not required to build a School House or School Houses in said district, or repair or furnish the same, such moneys may be tansfered [transferred) and accredited to the Teach- 1 9:19 ers Fund, and applied to the pay [payment] of teachers.

SEC. 4. That the several County Superintendents of Common Schools in this Territory shall Per diem of be allowed five dollars per day, out of the County porintendTreasury 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 Commissioners 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

county suporintendente.

Account to county con

(ellector pay over lax, wher,

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 iu gection twenty-nine. Also that all of section.ene, '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.

Repealing clause,

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:

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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 aniInals 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 inay 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

Magistrato. 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.

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 whor is taking up such stock shall proceed in the same manner 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,

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AN ACT

AUTHORIZING THE LEVY OF A SPECIAL TAX IN ARAPAHOE

JEFFERBON, CLEAR CREEK AND GILPIN COUNTIES.

Be it enacted by the Council and House of Representatives

of Colorado Territory :

Commis

certain

e the valuation of propended by said Coes, and for

collect a

Sec, 1. That the County Commissioners of Arapahoe, Jefferson, Clear Creek and Gilpin Counties are sioners of hereby authorized to levy and collect förthwith, in canties

may levy & money, a special tax of not more than one per cent. : upon the valuation of property in said counties for the special tax, 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.

Sec. 2. Said tax shall be levied and collected in the manner provided by existing law for levying and cols de collec ed. lecting county taxes.

Approved February 8th, 1865.

How levled

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PART II.

PRIVATE ACTS.

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