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النشر الإلكتروني

AN ACT

TO PROVIDE FOR THE MILITARY RECORD OF THE FIRST,
SECOND AND THIRD REGIMENTS OF COLORADO VOLUNTEERS,
LATELY IN THE SERVICE OF THE UNITED STATES.

Be it enacted by the Council and House of Representa

tives of Colorado Territory:

general required to

data for mil

of 1st, 2nd,

iments Col.

inshabetical officer and many of enlistmiexion, oceus.

record shall

SECTION 1. That the adjutant-general be, and is Adjutanthereby authorized and required to obtain and procure from the United States government authorities Procure at Washington, D. C., within a reasonable time after itary record the.passage of thiy bill, all the necessary information and 3å reg and papers for a complete and convenient military orado volrecord of the officers and men of the first, second unteers. and third regiments of Colorado volunteers, lately in the service of the United States.

SEC. 2. The adjutant-general is also hereby authorized and required to procure and provide the necessary blank books, of good and substantial binding, on which shall be transcribed and recorded in What the alphabetical order and in appropriate columns, the contain. name of each officer and man, the date of his enlistment, his rank at the time of enlistment and his place of nativity, his age, height, complexion, occupation at the time of enlistment, by whom enlisted, at what place, for what period, the name of the company and regiment, and when promoted, the date, cause and rank of such promotion, when killed in battle, the name of such battle and the time and place of death, when death ensued from wounds or sickness, the time and place of such death, the nature of the wound and sickness when discharged from or dismissed the service, the cause of such discharge or dismissal.

SEC. 3. That the sum of one thousand dollars $1.000 approis hereby appropriated out of any money in the defray exo treasury not otherwise appropriated, for the payment of the necessary expenses incurred in procuring the record. papers and information as aforesaid, and for the purchase of the necessary blank books as aforesaid, and to defray any other necessary expense in obtaining or completing said military record.

SEC. 4. No part of the aforesaid sum of one thousand dollars shall be paid out, except on the

pense of compiling

quired for

ments.

general shall record

ers.

made negotiable.

Vouchers shall be paid by treasurer out of $1000 appropria

Voucher of order or voucher of the adjutant-general, which adjutante general re- order shall state for what service, expense or inall disburso formation the same is given.

SEC. 5. The adjutant-general shall provide and Adjutant- keep a book in which shall be noted or recorded

to every order or voucher given by him as aforesaid, all vouch. in which shall be stated the number of such voucher

or order, its date, amount, to whom given, and for

what purposes. Vouchers SEC. 6. Such orders or vouchers shall be as

signable by delivery and endorsement, the same as promissory notes and bills of exchange.

SEC. 7. Said orders and vouchers shall be paid by the treasurer on presentation by the owner or

holder thereof or his or her legal representative, ted. out of the said appropriation of one thousand dol.

lars. Salary of adjutant.

SEC. 8. The salary of the adjutant-general shall general.

be, and the same is hereby increased to the sum of five hundred dollars per annum; but no part of the said salary shall be paid out of the aforesaid

appropriation of one thousand dollars. Conflicting SEC. 9. That all acts or parts of acts inconsistent pealed. herewith, be and the same are hereby repealed.

SEC. 10. This act shall take effect and be in force from and after its passage.

Approved February 7th, A. D. 1866.

&cts re

AN ACT

REGULATING TITLE TO WATER POWERS AND LODE CLAIMS.

Be it enacted by the Council and House of Representa

tives of Colorado Territory:

Persons owning

absent from

SECTION 1. That all pre-emptions of water powwater opow. ers, mill sites, tunnels and mining claims heretofore ers, &c., who have been made by any person or persons within this territory, territoryou are hereby declared to be void, and all rights acthree years, quired under them forfeited in all cases wherein the pear and oc- pre-emptor or pre-emptors shall have departed from one year or and remained without the territory of Colorado for

the space of three consecutive years, unless such person or persons owning or pre-empting the same, shall appear and occupy and work the same, within

cupy within

forfeit claims.

feited may

ted by resi

forfeited

Section 1.

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on persons

pre-emption to show

has been

one year after the passage of this act, except as hereinafter provided.

Sec. 2. Any and all water powers, mill sites, Claims fortunnels and mining claims, forfeited by the absence be pre-emp of the pre-emptor as stated in the first section of this dentor 'teract, shall be subject to pre-emption by any person rite residing in the territory, being a citizen of the United States, or a foreigner having filed his intention of becoming such, the same as though such water power, mill site, tunnel or mining claim had not been pre-empted, and shall be subject to forfeiture for the And may be same cause, as in the case of the first pre-emptor, as again as in provided in the first section of this act.

Sec. 3. In all suits or proceedings arising be- In suits retween persons claiming any water power, mill site, claims, Surtunnel or mining claim, as subsequent pre-emptors

den of proof under and by virtue of the provisions of this act, claiming

under first and those claiming under a prior pre-emption, it shall be incumbent upon the person or persons claiming that ürst under the prior pre-emption, to show that he or they pre-emptor or the person or persons under whom he or they resident,&c. claim, has been an actual resident of the territory during some portion of the three years immediately preceding the date of said second, or subsequent pre-emption.

Sec. 4. The provisions of this act shall not This act apply to any case where the original pre-emptor ply when shall, before the passage of this act, have sold or con- has sold veyed by a sufficient deed, such water power, mill site, tunnel or mining claim, or such sale having been made without writing, the vendee shall have ever since Or sale havheld open and actual possession of the same; or måde, ven.

dee has pogwhere such original or subsequent pre-emptor, shall at the time of his departure, or at some time before

Or pre-emp

tor* has the expiration of three years from such departure, agent or athave made and appointed a resident of this territory, territory. his agent or attorney, with power to sell and convey er of attor said claims, and shall have caused such power to be mey recorded in the proper county; or where property is Or where held jointly, and one or more such joint owners shall joint ownhave been a resident of this territory during said or more rethree years; or where such pre-emptor has been side in ter

ritory. absent from said territory and in the military service Or where of the United States, during said time; but in all has been in such cases, the respective rights of parties shall service. be determined by the laws as they existed before the passage of this act.

shall notap

pre-emptor

claims.

ing been

session.

torney in

With pow

ney record

there are

erg and one

pre-emptor

Sec. 5. This act shall take effect and be in force from and after its passage.

Approved February 8th, A. D. 1866.

AN ACT

CONCERNING MINES AND MINERALS.

Discoverer of mineral

tled to 1400 feet, discov. ery shaft center of claim.

Lode shall be marked, how.

Be it enacted by the Council and House of Representa

tives of Colorado Territory:

SECTION 1. That hereafter, each and every person lode enti- who shall discover any mineral lode or vein of gold

f bearing ore, or of silver or other valuable metals in

this territory, shall, by virtue of such discovery, be entitled to take, hold and possess fourteen hundred (1400) feet, lineal measure, of such lode or vein, of which the discovery shaft shall be the center thereof; and said fourteen hundred (1400) feet, so taken, shall be known and described as the discovery claim.

SEC. 2. All lodes or veins of gold, silver, or other valuable minerals, which may hereafter be discovered, shall be marked at the point of discovery by a substantial stake, post or stone monument, having

inscribed thereon the name of the discoverer or disWhat shall coverers, and the name of the lode or vein, with date

© & of discovery; and the discoverer or discoverers shall, coverno before recording, excavate thereon a shaft at least ten

feet deep, or deeper, if necessary, to find a well defined crevice, or forfeit all right and title he or they may have acquired by virtue of such discovery.

Sec. 3. If any person or persons shall willfully and legal evi- maliciously destroy, deface, misplace or carry away discovery,

any stake, land-mark or monument, intended to desguilty of

ignate the name of the discoverer and name of any lode or vein of minerals, the person or persons so offending shall, on conviction thereof, be deemed guilty of

fraudulent and malicious mischief, and be fined in Penalty.

any sum not less than one hundred dollars, nor more than one thousand dollars.

SEC. 4. On all mineral lodes or veins of gold-bear

ing ores, or of silver or other valuable minerals in spurs, &c.

this territory, the owner or owners of all such depos. its shall, by virtue of priority of discovery, be deemed and held to be the owner or owners of all spurs, off

constitute a valid dis

be sunk or claim forfeited.

Persons destroying

dences of a

malicious mischief.

Owner of claim sball hold dips,

lode,

cable to

covered,

conflicting with established rights.

clerk sball

school

one claim for miners!

each lode.

shoots, dips, angles, feeders, cross or parallel veins of any character or name whatsoever, lying and being within the limits of twenty-five (25) feet in either di- width of rection from the center of said first discovered lode or vein. Sec. 5. The owner or owners of any claim or Provisions

of section claims, or any mineral lode or vein of gold-bearing four appli. ores, or of silver or other valuable minerals discov- is

lodes here ered prior to the passage of this act, shall enjoy the

tofore dig. same rights and privileges as provided in section four when not (4) of this act, Provided, always, That nothing in this will estabsection contained shall be so construed as to conflict with or impair rights heretofore acquired under existing laws.

SEC. 6. Whenever any such discovery claim, as Conntyn described in section one (1) of this act shall be pre- record one sented for record, it shall be the duty of each re- claim, and corder, in their respective counties, to record for the fir use and benefit of the common schools of this terri- relief on. tory, one claim, and one claim for the use and benefit of the miners' relief and territorial poor fund, both of which claims shall be recorded in the name of the territory or state (as the case may be) of Colorado, for the use and benefit of the schools, disabled miners, and the poor of the said territory or state of Colorado as hereinafter provided.

SEC. 7. That upon all mineral lodes or veins of School gold-bearing ores or of silver or other valuable min- miners' reerals, discovered in compliance with the provisions of this act, two (2) claims of one hundred (100) feet each, on such lodes or veins, shall be set apart and

recording. held by the territory or state of Colorado; one for the use and benefit of the common schools, and the other for the use and benefit of disabled miners and poor of the territory or state of Colorado, one of which claims shall be located at one extremity of the Where locadiscovery claim aforesaid, and shall be known and described as number one (1) east; and the other of such claims at the opposite extremity of the discovery claim aforesaid, and shall be known and described as number one (1) west, giving and granting unto the discoverer or discoverers, the right and privilege Discoverer of designating the location of each of the reserved claims as hereinbefore specified.

SEC. 8. No claims shall be taken or recorded upon the person any lode or vein by virtue of one discovery, other the discovthan by the person or persons who shall discover take claim.

claim and

lief fund.

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oan locate.

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