AN ACT TO PROVIDE FOR THE MILITARY RECORD OF THE FIRST, Be it enacted by the Council and House of Representatives of Colorado Territory: general re quired to procure itary record and 3d reg data for mil of 1st, 2nd, SECTION 1. That the adjutant-general be, and is Adjutant. hereby authorized and required to obtain and procure from the United States government authorities at Washington, D. C., within a reasonable time after the passage of this bill, all the necessary information 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. iments Col record shall 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. pense of SEC. 3. That the sum of one thousand dollars $1.000 appropriated to is hereby appropriated out of any money in the defray extreasury 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 adjutant Voucher of order or voucher of the adjutant-general, which general re- order shall state for what service, expense or inall disburse- formation the same is given. quired for ments. SEC. 5. The adjutant-general shall provide and keep a book in which shall be noted or recorded Shall record every order or voucher given by him as aforesaid, Adjutantgeneral all vouch ers. Vouchers made negotiable. Vouchers shall be paid by treasurer out of $1000 appropriated. Salary of adjutant. general. Conflicting acts repealed. 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 by the treasurer on presentation by the owner or holder thereof or his or her legal representative, out of the said appropriation of one thousand dol lars. 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. SEC. 9. That all acts or parts of acts inconsistent 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. Persons owning ers, &c., absent from territory must ap AN ACT REGULATING TITLE TO WATER POWERS AND LODE CLAIMS. Be it enacted by the Council and House of Representatives of Colorado Territory: SECTION 1. That all pre-emptions of water powwater powers, mill sites, tunnels and mining claims heretofore have been made by any person or persons within this territory, are hereby declared to be void, and all rights acquired under them forfeited in all cases wherein the pre-emptor or pre-emptors shall have departed from 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 three years, pear and ocone year or cupy within forfeit claims. one year after the passage of this act, except as hereinafter provided. Claims for ted by resi dent of ter ritory. SEC. 2. Any and all water powers, mill sites, feited may tunnels and mining claims, forfeited by the absence be pre-empof the pre-emptor as stated in the first section of this act, 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 same cause, as in the case of the first pre-emptor, as provided in the first section of this act. And may be again as in forfeited Section 1. In suits reclaims, burden of proof specting on persons tion to show SEC. 3. In all suits or proceedings arising between persons claiming any water power, mill site, tunnel or mining claim, as subsequent pre-emptors under and by virtue of the provisions of this act, ander first and those claiming under a prior pre-emption, it shall pre-empbe incumbent upon the person or persons claiming that first 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. has been This act ply when has sold shall not ap pre-emptor claims. ing been session. tor has torney in SEC. 4. The provisions of this act shall not apply to any case where the original pre-emptor shall, before the passage of this act, have sold or conveyed 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 made, venwhere such original or subsequent pre-emptor, shall gee has posat the time of his departure, or at some time before or pre-empthe 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 ney 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 eranron three years; or where such pre-emptor has been absent from said territory and in the military service of the United States, during said time; but in all such cases, the respective rights of parties shall be determined by the laws as they existed before the passage of this act. With pow. ed. there are own or more re side in terOr where has been in ritory. military service. SEC. 5. This act shall take effect and be in force from and after its passage. Approved February 8th, A. D. 1866. Discoverer of mineral lode entitled to 1400 ery shaft center of claim. AN ACT CONCERNING MINES AND MINERALS. Be it enacted by the Council and House of Representatives of Colorado Territory: 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, shalĺ be known and described as the discovery claim. Lode shall be marked, how. 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 discoverers, and the name of the lode or vein, with date constitute a 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. What shall valid discoveryshaft shall be sunk or claim for. feited. Persons destroying legal evidences of a discovery, guilty of malicious mischief. Penalty. Owner of claim shall hold dips, spurs, &c. SEC. 3. If any person or persons shall willfully and maliciously destroy, deface, misplace or carry away any stake, land-mark or monument, intended to designate 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 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 spurs, off 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 claims, or any mineral lode or vein of gold-bearing ores, or of silver or other valuable minerals discovered prior to the passage of this act, shall enjoy the same rights and privileges as provided in section four (4) of this act, Provided, always, That nothing in this section contained shall be so construed as to conflict with or impair rights heretofore acquired under existing laws. pre SEC. 6. Whenever any such discovery claim, as described in section one (1) of this act shall be sented for record, it shall be the duty of each recorder, in their respective countics, to record for the use and benefit of the common schools of this territory, 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. lode. of section Provisions four appli cable to lodes here tofore diswhen not with estab covered, lished County clerk shall record one school claim, and one claim relief on for miners' each lode. School claim and miners' re lief fund. recording. SEC. 7. That upon all mineral lodes or veins of gold-bearing ores or of silver or other valuable minerals, 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 Manner of 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 ted. the discoverer or discoverers, the right and privilege Discoverer of designating the location of each of the reserved can locate. claims as hereinbefore specified. SEC. 8. No claims shall be taken or recorded upon any lode or vein by virtue of one discovery, other than by the person or persons who shall discover other than the discov take claim. No person erer can |