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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:

record shall

SECTION 1. That the adjutant-general be, and is Adjutanthereby authorized and required to obtain and pro- quired to cure from the United States government authorities anderen at Washington, D. C., within a reasonable time after itary record the passage of this bill, all the necessary information and så reka and papers for a complete and convenient military brado 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 ex treasury not otherwise appropriated, for the payment compiling 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

ments.

Adjntant

all vouchers.

Vouchers made negotiable.

Vouchers shall be

Voucher of order or voucher of the adjutant-general, which 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

keep a book in which shall be noted or recorded Shan record every order or voucher given by him as aforesaid,

in which shall be stated the number of such voucher or order, its date, amount, to whom given, and for what purposes.

SEC. 6. Such orders or vouchers shall be assignable by delivery and endorsement, the same as promissory notes and bills of exchange.

Sec. 7. Said orders and vouchers shall be paid paid by

by the treasurer on presentation by the owner or out of 61000 holder thereof or his or her legal representative, appropria

out of the said appropriation of one thousand dol

lars. Salary of adjutant.

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

treasurer

ted.

general.

&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 pow. ers, mill sites, tunnels and mining claims heretofore have been made by any person or persons within this territory, territory

are hereby declared to be void, and all rights acthree years, quired under them forfeited in all cases wherein the pear and 100 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

forfeit claims.

ritory.

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 dent or teract, shall be subject to pre-emption by any person 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, bartunnel or mining claim, as subsequent pre-emptors on persons under and by virtue of the provisions of this act, claiming and those claiming under a prior pre-emption, it shall pre-empa be incumbent upon the person or persons claiming that first under the prior pre-emption, to show that he or they has been 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, claims. 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 made, ven. where such original or subsequent pre-emptor, shall sees hós. posat the time of his departure, or at some time before or preempthe 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 pay recordrecorded in the proper county; or where property is or where held jointly, and one or more such joint owners shall joint have been a resident of this territory during said or more the three years; or where such pre-emptor has been side in terabsent from said territory and in the military service or where of the United States, during said time; but in all has been in

military such cases, the respective rights of parties shall be determined by the laws as they existed before the passage of this act.

shall not ap

OWN

service.

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.

of mineral lode entitled to 1400

ery shaft center of claim.

Lode shall

Be it enacted by the Council and House of Representa

tives of Colorado Territory: Discoverer SECTION 1. That hereafter, each and every person

who shall discover any mineral lode or vein of goldfeet, discov- 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 he marked, valuable minerals, which may hereafter be discov

ered, 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 cantitatea of discovery; and the discoverer or discoverers shall,

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 destroying legal evi

maliciously destroy, deface, misplace or carry away discovery, any stake, land-mark or monument, intended to desguilty of malicious

ignate the name of the discoverer and name of any mischief. lode or vein of minerals, the person or persons so offend

ing 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-bearing ores, or of silver or other valuable minerals in this territory, the owner or owners of all such deposits shall, by virtue of priority of discovery, be deemed and held to be the owner or owners of all

coveryshaft shall be sunk or claim forfeited.

Persons

dences of a

Owner of claim sball hold dips,

spurs, &c.

spurs, off

lode

cable to lodes here

lisheil

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 claims, or any mineral lode or vein of gold-bearing four appliores, or of silver or other valuable minerals discovered prior to the passage of this act, shall enjoy the tofore dissame rights and privileges as provided in section four when not (4) of this act, Provided, always, That nothing in this with estabsection contained shall be so construed as to conflict

rights. with or impair rights heretofore acquired under existing laws.

SEC. 6. Whenever any such discovery claim, as cerkty 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 for miners, 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 Mannding? 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 other than any lode or vein by virtue of one discovery, other the discovthản by the person or persons who shall discover take claim.

lief fund.

can locate.

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