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pear at next
of the peace
mit or hold
judge or justice shall ascertain that the same are used if kept for
gambling, or kept for the purpose of gambling or playing at magistrate any game or games of chance, it shall be his duty to stroy. destroy the same. It shall be lawful for officers in executing the duties imposed upon them by this section, break open to break open doors for the purpose of obtaining possessors
. possession of any such gambling devices; and all of gambling persons having possession of any of the articles de conveyed aforesaid, shall be conveyed before some judge or magistrate justice of the peace of the county in which they may nation, and be found, and held or committed for appearance at held to apthe next term of the district court of such county, term of for a violation of this act.
SEC. 10. Judges of the district courts throughout Judgest of the territory, and probate judges and justices of the court and of peace, in their respective counties, may inquire con- and justices cerning offenses against the provisions of this act, may com. and hold to bail or commit offenders for their appear- toban ance at the next term of the district court of the offenders.
Prosecuting proper county; and if the prosecuting attorney of attorney any county shall elect so to do, it shall be lawfuì for may prósehim, instead of the proceeding by indictment, to pre, in the name sent to the district court informations against any and of the peoall persons who shall violate any of the provisions of this act, which informations sħall be made in the name of the people of the territory of Colorado, and signed by the prosecuting attorney, and need not be otherwise authenticated. When any information shall be presented against any person as aforesaid, offect of the trial shall proceed in the same manner and with trial same
. like effect as if such person had been indicted by a ment. grand jury.
SEC. 11. That the act entitled “An act to suppress Repeal of gambling and gambling houses," approved March 2nd, in the year eighteen hundred and sixty-four, and the act approved February 9th, A. D. 1865, entitled "An act limiting the operation of an act to suppress gambling and gambling houses," approved March second, eighteen hundred and sixty-four, and repealing certain parts of section thirty-one of an act entitled “An act to amend an act entitled an act to incorporate the city of Denver," approved March eleventh, in the year eighteen hundred and sixty-four, so much of said acts as conflict with this act, also, all parts and portions of acts which authorize or empower
any city or other incorporation to license gambling or gambling houses be, and the same are hereby re
SEC. 12. This act shall take effect and be in force from and after its passage.
Approved January 20th, A. D. 1866.
A CONCURRENT RESOLUTION
RELATIVE TO A CORRECTION OF C. B. No. 10. A BILL FOR
"AN ACT to SUPPRESS GAMBLING AND GAMBLING HOUSES.'
Resolved by the Council, the Ilouse of Representatives
WHEREAS, An error exists in reciting the title of said bill for an act limiting the operation of an act to amend an act entitled "An act to suppress gam
bling and gambling houses," approved February 9th, of gambling A. D. 1865, therefore, be it
Resolved, That the enrolling committee jointly instruct the council 'enrolling clerk to insert between the words "act" and "to," in the ninth line of section eleven of said bill, No. ten, the words, "amend an act entitled an act to."
Approved February 7th, A. D. 1866.
SUPPLEMENTARY TO "AN ACT CONCERNING ROADS AND HIGH
WAYS," APPROVED MARCH 11TH, A. D. 1864.
Be it enacted by the Council and House of Representa
tives of Colorado Territory:
SECTION 1. Should any person claim to be damdamages for aged by the opening of any road or highway located
in conformity with the provisions of this act, then it shall be the duty of the board of county commissioners of any county where such road is located, to
appoint three persons, residents of the county where How adjust- such damage is claimed, who shall assess both the ed and paid. benefits and damage, and if the damage is found to exceed the benefits, then the amount awarded by said assessors shall be paid to the claimant by the county in which such road is located.
SEC. 2. This act shall take effect and be in force from and after its passage.
Approved January 27th, A. D. 1866.
AMENDATORY OF AN ACT ENTITLED “AN ACT CONCERNING
ROADS AND HIGIWAYS," APPROVED MARCH 11TH, A. D. 1864.
Be it enacted by the Council and House of Representa
tives of Colorado Territory:
SECTION 1. That the act to which this act is amend- Persons fail
ing to atory, be, and the same is hereby amended by striking load tas not out the words "first day of September," in the fourth considered
delinquent line of section ten of said act, and insert the words till Nov. 1st. "first day of November" instead thereof.
SEC. 2. This act to take effect and be in force from and after its passage.
Approved February 5th, A. D. 1866.
To REGULATE DITCHES USED FOR FARMING PURPOSES IN
THE COUNTIES OF COSTILLA AND CONEJOS.
Be it enacted by the Council and House of Representu
tives of Colorado Territory:
SECTION 1. That the citizens of the counties of SuperinCostilla and Conejos, who are engaged in agricultural ditches pursuits, are hereby authorized and empowered to Conejos And hold an election on the first Monday of March in each Costiin year, for the election of superintendents of acequias (ditches), as follows, to wit: One superintendent for each and every acequia madre (main ditch) in the counties aforesaid, to be chosen on said first Monday in March, by those persons who are in occupation of the lands adjoining, for farming purposes.
County clerks of
other half for benefit of ditch.
Delin quents may be fined.
SEC. 2. The county clerk of each of the aforesaid Costilla and counties shall give notice of the election to be holden Conejos to give notice as aforesaid, by posting at least one public notice of election. thereof in each of the election precincts of the said How given. counties respectively, at least ten days before the day
SEC. 3. Any person who shall be guilty of voting, voting.
who is not entitled to vote under the provisions of . One-half of this act, shall be liable to a fine of not less than one inte toto dollar, nor more than five dollars, the one-half to go informant,
to the informant and the other half to be placed in the hands of the superintendent of acequias, to be
used in repairing acequias. superin
Sec. 4. The superintendents are empowered to call out persons using water from the acequias, respectively, to repair the acequias or dams; and any person so using water from the acequias, who shall fail to supply his share of work necessary for repairs,
shall be liable to a fine of not less than one dollar, Fines-how appropria- nor more than five dollars, said fine to be appropria
ted to the benefit of the acequias.
SEC. 5. That it shall be the duty of the aforesaid superin.
superintendents to keep their acequias well repaired and in good order, so that an ample supply of water can at all times be had, and it shall be his duty to divide said water in such a manner that each and every one will have the amount of water he is entitled to; and if any of the aforesaid superintendents
; shall willfully, or for fee or reward give to any one more water than he is entitled to, or shall willfully
keep from any one any part of the water he is entiMay be fined
tled to, for every such offense he shall be liable to a fine of not over fifty dollars, nor less than five dollars, the half of said fine to go to the informant and
the other half to the use of the acequia. Superin- SEC. 6. If any of the aforesaid superintendents neglecting shall willfully neglect their duty in such manner that duty liable
damage is done, in addition to the damage done, he ant damage shall be fined in any sum not exceeding twenty-five Persons in. dollars ; and if any one shall willfully break or juring ditch
destroy any acequia or dam, or shall turn the water into the crop of any one with the intention of damaging the same, he or they, in addition to such dam
, age as may be done, shall be fined in any sum not Fines—how exceeding fifty dollars; one-half of all fines under
for malfea. sance,
to damage of others liable for such damAge and may be fined.
the provisions of this section to go to the informant, and the other half to the use of the acequia.
tion of gu.
Sec. 7. The aforesaid superintendents shall receive compensa such compensation as may be agreed on by a major- perintendity of those using water from the acequia of which he is the superintendent.
Sec. 8. All suits brought under the provisions of aer conditions met this act, shall be before some justice of the peace liv- taktile before
justice ing in the county in which the offense was commit- peace. ted, and from the decision of said court there shall lowed only be no appeal, except suits brought exclusively for in cases of damage, Provided, Î'hat in all cases, a jury to con- Defendant sist of six disinterested persons may be summoned jury. on demand from the defendant.
Sec. 9. Elections held for the election of the afore. Electionssaid superintendents, shall be held in each precinct where held. at the place of holding general elections, and in case of vacancy by removal, resignation or other cause, Kawanused. of any of the aforesaid superintendents, it shall be the duty of the justice of the peace living in the precinct nearest the acequia in which the vacancy exists, to call an election for the purpose of electing a superintendent to fill said vacancy. SEC. 10. In all cases where superintendents are conviction
. found guilty of any accusation under the provisions tendentsof this act, he shall be removed from office and the vacancy filled under the provisions of section nine.
SEC. 11. All money collected under the provisions Superint of this act, shall be placed in the hands of the super- receive ana intendent of the acequia for which it was collected; moneys. and it shall be the duty of the aforesaid superintendent to render to any meeting that may be called by those interested in the acequia of which he is the superintendent, a true account of all money received by him, the amount expended, and for what purpose, and the amount on hand; and in all cases the majority of said meeting shall have the power of using tions-how any money
may be on hand, in such a manner as they deem most beneficial to the acequia. In case tendent of removals or resignations, superintendents shall over ditch deliver to their successors all money
be in their possession.
SEC. 12. That public acequias, during the farming es to have season, shall have preference over all ditches used for preference. any mills, machinery, or any other ditch that may not be exclusively used for farming purposes.
fund to successor.