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Possessors

for exami.

court.

district

Prosecuting

may prosecute by

in the name

judge or justice shall ascertain that the same are used if kept for 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 opens

Officers may to break open doors for the purpose of obtaining doors. possession of any such gambling devices; and all of gambling

devices to persons having possession of any of the articles be conveyed aforesaid, shall be conveyed before some judge or magistrate

before some justice of the peace of the county in which they may

nu voy ay nation, and be found, and held or committed for appearance at held to ap..

pear at next the 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 Judges of the territory, and probate judges and justices of the court and of

probate, peace, in their respective counties, may inquire con- and justices cerning offenses against the provisions of this act, may coma and hold to bail or commit offenders for their appear- motor bold ance at the next term of the district court of the offenders. proper county; and if the prosecuting attorney of attorney any county shall elect so to do, it shall be lawful for him, instead of the proceeding by indictment, to pre- information sent to the district court informations against any and

ple. all persons who shall violate any of the provisions of this act, which informations shall 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, the trial shall proceed in the same manner and with

same manner and will as by indiotlike 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

Manner and effect of trial same

any city or other incorporation to license gambling or gambling houses be, and the same are hereby repealed.

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 HOUSE8."

Resolved by the Council, the House of Representatives

concurring, that Council en. 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 gamtain words, 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.

rolling
clerk in
structed to
insert cer-
tain words
in section 11

act.

AN ACT

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:

l'oad.

SECTION 1. Should any person claim to be damClaims for damages for aged by the opening of any road or highway located opening

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

d. benefits and damage, and if the damage is found to

ed and paid.

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.

AN ACT

AMENDATORY OF AN ACT ENTITLED “AN ACT CONCERNING ROADS AND HIGHWAYS," APPROVED MARCH 11TH, A. D. 1864.

Be it enacted by the Council and House of Representa

tives of Colorado Territory :

load tax not

delinquent

SECTION 1. That the act to which this act is amend- Persons failatory, be, and the same is hereby amended by striking inga out the words "first day of September," in the fourth considered 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.

AN ACT

To REGULATE DITCHES USED FOR FARMING PURPOSES IN

THE COUNTIES OF COSTILLA AND CONEJOS.

Be it enacted by the Council and House of Representa

tives of Colorado Territory :

tendents o

counties.

SECTION 1. That the citizens of the counties of Szporin. Costilla 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 o

Costilla 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

Conejos to give notice of election.

voting.

informant,

for benefit of ditch.

Powers of superin tendents.

quents may be fined.

Pineg-how

appropria.

ted,

Duties of superin tendents.

SEC. 2. The county clerk of each of the aforesaid Costilla and counties shall give notice of the election to be holden

as aforesaid, by posting at least one public notice

thereof in each of the election precincts of the said How given.

counties respectively, at least ten days before the day

of election. Fraudulent SEC. 3. Any person who shall be guilty of voting,

who is not entitled to vote under the provisions of Penalty.

axt of this act, shall be liable to a fine of not less than one fine to go to dollar, nor more than five dollars, the one-half to go other half to the informant and the other half to be placed in

the hands of the superintendent of acequias, to be used in repairing acequias.

SEC. 4. The superintendents are empowered to call out persons using water from the acequias, respect

ively, to repair the acequias or dams; and any perDelin.

son 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, nor more than five dollars, said fine to be appropriated to the benefit of the acequias.

Sec. 5. That it shall be the duty of the aforesaid 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 enti. tled 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 entifor malfea- tled to, for every such offense he shall be liable to a

fine of not over fifty dollars, nor less than five dol. Fine-How lars, the half of said fine to go to the informant and

the other half to the use of the acequia.

SEC. 6. If any of the aforesaid superintendents neglecting shall willfully neglect their duty in such manner that

alte 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 to damage destroy any acequia or dam, or shall turn the water

into the crop of any one with the intention of damsuch dam- aging 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

the provisions of this section to go to the informant, and the other half to the use of the acequia.

May be fined

sance.

divided.

Superintendents

duty liable for result

and fine,

of others liable for

may be fined.

divided.

ents.

Sis the supering water fy be agreedat

All cases un

justice of

in cases of damage. Defendant

where held.

Vacancies

SEC. 7. The aforesaid superintendents shall receive compensasuch 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 der this this act, shall be before some justice of the peace liv. tried before ing in the county in which the offense was commit- peace.

Appeals al. ted, and from the decision of said court there shall lowed only be no appeal, except suits brought exclusively for a mange of damage, Provided, That in all cases, a jury to con. D

may have sist of six disinterested persons may be summoned jury. on demand from the defendant.

SEC. 9. Elections held for the election of the afore- Elections said superintendents, shall be held in each precinct whe at the place of holding general elections, and in case of vacancy by removal, resignation or other cause, now miled. 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 tendents of this act, he shall be removed from office and the from mice. vacancy filled under the provisions of section nine. SEC. 11. All money collected under the provisions Superin..

tendent to of this act, shall be placed in the hands of the super- receive and 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 trué 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

Appropriaany money that 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 that may be in cessor. 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.

removal

account for

made. Superin

over ditch fund to suc

Farm ditch

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