County shall pay standing the same may not be held in the county from whence they are summoned.. SEC. 8. Every county shall pay the per diem and mileage of jurors summoned therefrom, and if for any reason the full panel of jurors summoned, as provided in this act, shall not attend at the term of court in Court shall obedience to such summons, the court shall till the panel by summoning talismen [talesmen], as in other summou talesmen, when. Repealing clause. Territorial treasurer, cases, SEC. 4. All suits, actions, and proceedings, and indictments pending in the district courts of the United States in the several judicial districts in this territory at the time of the passage of the "act to divide the territory of Colorado into judicial districts, and to provide for the holding of courts in the same," at the present session of the Legislative Assembly, are hereby declared to be pending in and shall be tried in and by the district court of the United States for the district as constituted by said act, in which the county or region of country is located, where the offence [offense] or cause was committed or arose, upon or for which the suit, action, proceeding or indictment was instituted or found, anything in said act to the con trary notwithstanding. Bosinpogoj, 199 . Approved February 10th, 1865. to bista mized gloz 3gendadoet.s to bes TO REPEAL SO MUCH OF AN ACT ENTITLED "AN ACT TO TORY. Be it enacted by the Council and House of Representatives of Colorado Territory, safe * Hoitor too SEC. 1. That section one, fifteen and sixteen of an act entitled "an act to establish, a Territorial Library and Cabinet, approved Nov. 6th, 1861, be and the same are hereby repealed.... SEC. 2. The Treasurer of this territory shall be exofficio Librarian of this territory, and is required, to perform the duties of said office subject to the same librarian rules as are required in the said act creating the office of Territorial Librarian. Approved February 9th, 1865. ex-offiicio. TO REPEAL SECTIONS SEVENTEEN [17] AND EIGHTEEN Be it enacted by the Council and House of Representatives of Colorado Territory ong di zoberche SEC. 1. That sections seventeen and eighteen of an act entitled "an act concerning licenses, approved Insurance November sixth, in the year of Our Lord one thousand eight hundred and sixty-one," are hereby repealed. SEC. 2. This act shall take effect and be in force from and after its passage. Approved February 9th, 18651 061 TO ENCOURAGE THE FORMATION AND EQUIPMENT OF oituoti VOLUNTEER COMPANIES er at babuto of ontoosd agents not pay three required to per cent. on premiums. es2B off noowlod,coluja Loting sdt to ea xb Be it enacted by the Council and House of Representatives sleaton #f osin ) ali t #al sit d of Colorado Territory: Corporate appropria q of olde Diss toojdua od nas. 3oodt botqnis SEC.) 1.f That the corporate authorities of any town or city, or board of county commissioners of any county in this Territory is hereby authorized to appro authorities priate such sum as they may deem expedient for the may make purpose of aiding in the formation and equipment of tions r volunteer companies mustered into the service of this territory, for the purpose of enforcing the laws, suppressing insurrection, repelling hostile invasion or the prevention of Indian depredations. Tad SEC. 2. For the purpose of raising the means to pay any appropriation pursuant to the foregoing seco tion, the corporate authorities of any town or city, or board of county commissioners of any county making such appropriation, may cause a tax to be levied and May tevy a collected, not exceeding two per cent. on the dollar tax. per annum, upon the taxable property of such town city or county, according to the total valuation or assessment of property in any such town, city or county. Any appropriation heretofore made by the f legalized, dertain acts authorities of any town, city or county, for the purpose mentioned in the first section of this act, are hereby legalized, and the payment thereof may be provided for by the levy and collection of a tax, not exceeding two per cent. on the dollar per annum, as other city or county taxes, Denomi. nated the military fund. SEC. 3. All funds or money which shall be raised or appropriated under the provisions of this act, shall be kept separate and apart and be denominated the military fund. Approved February 10th, 1865. AN ACT TO ORGANIZE THE MILITIA OF COLORADO TERRITORY. ARTICLE I MILITARY DISTRICTS AND MILITARY ORGANIZATION. SEC. 1. Every able bodied mal [male] citizen of Colorado and those who have declared their intention to become citizens of the United States, between the ages Who liable of eighteen and forty-five years, except those who are to military duty. divided into divisions. by the laws of the United States and by this act exempted therefrom, shall be subject and liable to perform military duty as a soldier, to uphold the Constitution and laws of the United States and the organic act and laws of this territory. SEC. 2. The territory shall be divided into two milTerritory itary divisions districts, as follows, viz: By a line running due east and west through the same which shall pass through the town of Bradford the portion of the territory lying north of said line constituting the first, and that south of it the second division. Governor in-chief. SEC. 3. The Governor shall be. Commander-inommander Chief of the militia, and shall have power, by and with the consent of the Legislative Council, to appoint one Major General for each division, and one or more To appoint Brigadier Generals for each division, as may be required; one Adjutant General, who shall he ex-officio Quartermaster General, and one Inspector General, who shall as act Paymaster General,fand is empowered to fill vacancies in these offices when the Council is not in session. officers MILITIA. SEC. 4. The Governor, Adjutant General, Inspector General and the two Major Generals shall constitute a military board which shall convene immediately after Military the first enrollment under this act, and whenever board. thereafter the Commander-in-Chief may order or the public good require. 79 SEC. 5. It shall be the duty of the military board to consider all matters relating to the organization, efficiency, discipline, army equipments, ammunition, Duty of. uniform and parades of the territorial militia, and after the first enrollment, and after each annual enroll ment, to sub-organize the divisions into brigades, and when any new brigade is formed in either division, the Governor shall appoint and commissin a Brigadier Gov. shall General to command it, as herein before provided. Bon. The Brigadier General may be present at the sittings when. of the military board when required, but shall not vote in its proceedings. appoint ! ARTICLE II, ENROLLMENT. Adj. Gen. SEC. 1. It shall be the duty of the Adjutant General of the territory, immediately after the passage of this act, and annually theaeafter, to prepare blank rolls for enrolling companies of persons subject to military to prepare duty, and to transmit the same to the Major Generals blank rolls. now holding commissions from the Governor, who shall deliver the same to the Brigadier Generals, with all possible dispatch, to the end that any person liable to perform military duty be enrolled and prepared for service. SEC. 2. It shall be the duty of the several Briga dier Generals, upon the receipt of the said blank rolls Duty of to distribute them to the assessors of the several coun- Brig. Gen enroll ties, townships, wards or cities comprised in his brig County ade district, and said assessors shall, at the same time assessor to they are engaged in taking the valuation or [of] real militia, and personal property in their respective counties, townships, wards or cities, include in their assessments the names of all persons in their county, township, wards or cities liable to be enrolled as aforesaid, and if the assessors neglect to perform their duty, or if it is found necessary at any time, it shall be the duty of the Brigadier General to appoint some suitable person to appoint or persons in his brigade district to act as enrolling r Brig. Gep enrolling omcor, officer therein, and to require and command him or them, by a warrant under his hand, to proceed forth with to enroll all persons as aforesaid, and such enrollbeing officers and assessors shall report said enrollment to him as soon as completed. b Assessor to administer oath. SEC. 3. The assessors and other enrolling officers shall have power to question, under oath, which they are hereby authorized to administer, any person you deemed liable to do military duty but who denies the same, and if any person refuses to be sworn the assessor shall enroll his name in the same manner as if he admitted his liability. The assessors and enrolling officers shall receive for each name enrolled assabove ffer the sum of five cents, and for each oath so administered the sum of ten cents. f * Texco of lu19mi) Fees of Penalty for neglect or refusal to act. SEC 4. If any assessor or enrolling officer shall refuse or neglect to perform any duty enjoined upon them by this act, the person or persons guilty of such refusal or neglect shall be liable to a penalty of not less than twenty-five nor more than one hundred dollars, to be recovered by action of debt before any justice of the peace in the name of the people of the territory of Colorado, and all monies accruing from such prosecutions shall, after deducting the legal costs and charges, be paid into the treasury of the county paid where, to the credit of a separate fund, to be known as the .*) A Military Fund, subject to the disposal of the military elle Sino board aforesaid, to meet the expenses of the military Fine to be Brig. Gen. into com panies. organization. od pren w**1རྨཱ3:", aftos vanblod won SEC. 5. Within twenty days after receiving the returns of the enrolling officers, as provided in the pres ceeding preceding] section, it shall be the duty of the to arrange Brigadier General to proceed to arrange the enrolled militia into companies, and when so aranged [arranged] he shall cause copies of said company rolls to be posted up in the county clerk's office, and in such other places as he may deem advisable to the end that et every person enrolled may know to which company he is attached for service. He shall also causema list of all the enrolled men of his brigade, to be forwarded to the Adjutant General with the names of all officers and their rank, to be recorded in a book kept by hin in his office. xo. ldn' How many. shall consti. tute com. pany SEC. 6. Each company shall consist of not less than thirty nor more than sixty men, and such persons 130 enrolled shall constitute the un-uniformed militia of af Colorado, aHaving effected thd arangement [arranges |