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If kept for gambling, magistrate shall destroy.

Officers may

break open

Possessors

judge or justice shall ascertain that the same are used
or kept for the purpose of gambling or playing at
any game or games of chance, it shall be his duty to
destroy the same. It shall be lawful for officers in exe-
cuting the duties imposed upon them by this section,
to break open doors for the purpose of obtaining doors.
possession of any such gambling devices; and all
persons having possession of any of the articles
aforesaid, shall be conveyed before some judge or
justice of the peace of the county in which they may
be found, and held or committed for appearance at
the next term of the district court of such county,
for a violation of this act.

devices to

of gambling be conveyed magistrate nation, and held to apterm of

before some

for exami

pear at next

court.

Judges of court and of and justices may commbl

district

probate,
of the peace

mit or hold

attorney may prosein the name of the peo

cute by information

SEC. 10. Judges of the district courts throughout the territory, and probate judges and justices of the peace, in their respective counties, may inquire concerning offenses against the provisions of this act, and hold to bail or commit offenders for their appearance at the next term of the district court of the offenders. Prosecuting proper county; and if the prosecuting attorney of any county shall elect so to do, it shall be lawful for him, instead of the proceeding by indictment, to present to the district court informations against any and 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 like effect as if such person had been indicted by a grand jury.

ple.

Manner and

effect of

trial same as by indict

ment.

SEC. 11. That the act entitled "An act to suppress Repeal of gambling and gambling houses," approved March former acts. 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 repealed.

SEC. 12. This act shall take effect and be in force from and after its passage.

Approved January 20th, A. D. 1866.

Council enrolling clerk instructed to insert certain words in section 11

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 House of Representatives concurring, that

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 gambling and gambling houses," approved February 9th, of gambling A. D. 1865, therefore, be it'

act.

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.

Claims for

opening road.

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 Representatives 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.

AN ACT

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

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

ing to pay

SECTION 1. That the act to which this act is amend- Persons failatory, be, and the same is hereby amended by striking road tax not out the words "first day of September," in the fourth considered line of section ten of said act, and insert the words "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.

delinquent

till Nov. 1st.

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 Representatives of Colorado Territory:

tendents O

ditches Conejos and

elected in

Costills counties.

SECTION 1. That the citizens of the counties of SuperinCostilla and Conejos, who are engaged in agricultural pursuits, are hereby authorized and empowered to hold an election on the first Monday of March in each year, for the election of superintendents of acequias (ditches), as follows, to wit: Qne 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

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 counties respectively, at least ten days before the day

of election. How given.

Fraudulent voting. Penalty.

One-half of fine to go to

informant, other half for benefit of ditch.

Powers of superintendents.

Delin.

quents may be fined.

Fines-how appropria

ted.

Duties of superintendents.

May be fined for malfeasance.

Fine-how divided.

Superintendents neglecting duty liable for result

and fine.

of election.

SEC. 3. Any person who shall be guilty of voting, who is not entitled to vote under the provisions of this act, shall be liable to a fine of not less than one dollar, nor more than five dollars, the one-half to go 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, 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, 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 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 entitled 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.

SEC. 6. If any of the aforesaid superintendents shall willfully neglect their duty in such manner that damage is done, in addition to the damage done, he ant damage shall be fined in any sum not exceeding twenty-five dollars; and if any one shall willfully break or 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 damage 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.

Persons injuring ditch to damage of others liable for such damage and

may be fined.

divided.

tion of su

SEC. 7. The aforesaid superintendents shall receive compensasuch compensation as may be agreed on by a major- perintend ity of those using water from the acequia of which he is the superintendent.

ents.

All cases un

der this act tried before peace. lowed only

justice of

Appeals al

SEC. 8. All suits brought under the provisions of this act, shall be before some justice of the peace liv. ing in the county in which the offense was committed, and from the decision of said court there shall be no appeal, except suits brought exclusively for damage, Provided, That in all cases, a jury to con- Defendant sist of six disinterested persons may be summoned jury." on demand from the defendant.

in cases of damage.

may have

where held.

Vacancies

SEC. 9. Elections held for the election of the afore- Electionssaid superintendents, shall be held in each precinct at the place of holding general elections, and in case of vacancy by removal, resignation or other cause, how lled. 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.

of superin.

removal

tendent to

account for

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 from office. vacancy filled under the provisions of section nine. SEC. 11. All money collected under the provisions Superinof 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 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 that may be on hand, in such a manner as they deem most beneficial to the acequia. In case of removals or resignations, superintendents shall deliver to their successors all money that may be in their possession.

SEC. 12. That public acequias, during the farming season, shall have preference over all ditches used for any mills, machinery, or any other ditch that may not be exclusively used for farming purposes.

Appropriamade. Superin

tendent over ditch

shall pay

fund to successor.

Farm ditch

es to have preference.

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