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ing to hold any such claim or claims, by or through Vendees such person or persons so guilty of a misdemeanor liable to the or misdemeanors as aforesaid, shall be held amenable tiesas

same penal. to all the provisions of this act, applicable to the jumpers. person or persons guilty of the misdemeanor or misdemeanors as aforesaid, and may be proceeded against in the same manner and with like effect.

SEC. 2. That the county superintendents of schools Powers conin each and every county of the territory where ferred on mineral lodes of gold-bearing quartz,

silver other valuable metal have been, or may hereafter be schools. found, are in addition to the powers given here, and duties imposed on them by an act entitled "an act to create a fund for the benefit of schools, approved August 15th, A. D. 1862, empowered, authorized and required to do and perform the matter and things hereinafter set forth.

SEC. 3. Said county superintendents of schools County sushall in their respective counties carefully inquire ents of into the condition of the school claims mentioned in schools the act to which this act is supplemental, and wheth- tain whether the same have been pre-empted by individuals have been on the record, jumped or trespassed upon or the jumped, &c. title to said claims illegally attacked or interfered with; and if any such school claims have been pre-empted by any person or persons, on the record of any county in which said claim or claims may lie, or the same has been jumped or trespassed upon, or the title thereto illegally attacked or interfered with, and the person or persons so pre-empting, jumping, trespassing upon, attacking or in any way interfering with said claims as aforesaid, shall not on or before the first day of June, A. D. 1866, relinquish upon the record of the county in which said acts may be done, and surrender the possession thereof, also all assumed or pretended right, title and interest to any such school claims as should or do belong to the school fund by vir. tue of the act to which this act is supplemental; and further, if in the future any such school claim or claims shall be pre-empted, jumped or trespassed upon, or the title of the same illegally attacked, or trespassed with, by any person or persons, then in every such case the aforesaid county superintendents of And preschools in their respective counties, are hereby au- ers of thorized and required to present to the grand jurors claims to of their respective counties for indictment, the per the grand son or persons so offending, and shall also proceed in


action for

ment for


ents of schools to

ber of school claims to


school claims.

their official character and name, to the use and for

the benefit of the schools of said territory, against Must pro

such person or persons, in an action of trespass, or of ceed in civil

case (as may be deemed most suitable), for all loss damages.

and damage that may have been sustained. And if Court must in renderjudge

such civil action the issues are found against any

the defendant or defendants, and damages are assessed triple

by the jury, the court shall in all such cases render damages as. sessed by

judgment against such defendant or defendants for jury.

three times the amount of damages so assessed. County sue perintend- Sec. 4. The county superintendents of schools

in each of the counties mentioned in the second secreport num- tion of this act, shall annually present to the board

of county commissioners of their respective counties,

and at their first meeting after the general election, a county

schedule of all the claims so set apart (not previously sioners.

rendered) as aforesaid for the benefit of schools, and

upon the recommendation of the county superintendCounty ents of schools, the county commissioners shall fix commissioners to the price or sum of money for which each of the appraise

said claims may be sold or leased, and upon the fixing of the several amounts for which said claims may be sold or leased as aforesaid, the said county super

intendents of schools, shall in their respective counCounty superin- ties, proceed as county superintendents of schools, may sell or having the superintendence and control of said

claims, to sell or lease as the case may be. Provided, however, that the term of the lease shall not exceed six years without renewal; and further, it shall be the

duty of the county superintendents of schools, in the must give

execution of each and every lease, to take good persecurity.

sonal securities from each of the lessees, for the Rent paid faithful payment of the sums mentioned in the lease, semi-annually. said amount to be paid semi-annually. And further,

should a sale at any time be made of any of the aforesaid school claims, the county superintendents of

schools in the respective counties in which said superintendents. claim or claims are located, are hereby authorized

and empowered to make the transfer, by signing the deed in their official capacity, and said transfer so ex

ecuted, shall constitute a true and valid title. County SEC. 5. Each county superintendent of schools,

before leasing or selling any of the school claims - must give

aforesaid, shall enter into a bond to the terriTo be fixed tory of Colorado, the penalty thereof to be fixed and od by coun: approved by the board of county commissioners


of his county, conditioned that the said county super



Term of lease.


Deed executed by county

superin. tendents



intendent of schools shall faithfully comply with the conditions provisions of this act, collect, and after such collections, preserve the money accruing from the civil actions aforesaid, and the sale of claims or leases aforesaid, until the same is appropriated by the proper authority, or his term of office expires, and upon such appropriation or the expiration of his term of office, shall promptly pay over such money so appropriated, and the residue thereof, if any, to his successor in office, and vouchers for all sums of money paid out by any such county superintendent of schools under and by this act, shall be credited to said coun- Credits of ty superintendent of schools as so much cash. He dent. shall also be credited with the amount of his compensation 'hereinafter specified.

Sec. 6. To carry out the provisions of this act the County several county superintendents of schools aforesaid, tendents are authorized to employ at a just and equitable com- attorneys. pensation, one or more attorneys (not to exceed three), to conduct all suits in court accruing out of or under the provisions of this act; and said attorneys shall be paid out of the territorial school fund upon the How paid. presentation to the proper officer of a certificate from the county superintendent of schools who employed them (or the successor of such county superintendent), that the sum claimed by said attorney is justly due.

SEC. 7. The several county superintendents of compensaschools aforesaid, shall each of them receive as a superin. compensation for the services in the matter aforesaid, for each year's services, ten per cent. on all sums collected or received by them from the fines, leases or damages for trespass as aforesaid. Provided however, the compensation accruing therefrom, does not exceed Not to ex. $3,000, in case of which the overplus shall accrue to ceed $8,000. the general school fund.

SEC. 8. Nothing in this act shall be so construed Suits by inas to prevent the filing and prosecution of suits in not affected. the nature of information in chancery, brought by the proper authority, to secure and protect said claims, nor shall this act in any wise invalidate or affect suits already brought by information or otherwise.

County reSec. 9. Every county recorder who shall willfully corder who neglect or refuse to record any claim set apart for icot or le school purposes, as provided by law, or who shall fuse to rerecord a jumper's so-called pre-emption, shall be sub- shall be




Ilegal sales.

ject to a fine of not less than five hundred dollars, nor more than five thousand dollars, such fine to go to the school fund.

SEC. 10. Any conveyance or sale of school claims, except as provided in the foregoing sections, shall be unlawful, and therefore null and void.

SEC. 11. This act to take effect and be in force from and after its passage.

Approved January 23d, A. D. 1866.






Be it enacted by the Council and House of Representa

tives of Colorado Territory:

School superintendents to pay money received for school claims to territorial treasurer. School money to be invested in

School fund to be dis. tributed ac

SECTION 1. The county superintendents shall pay over to the territorial treasurer all funds arising from the sale or lease of mining claims, under an act to which this is supplemental, who shall invest the same

in United States bonds for the use of the school fund, inite-bonds the interest arising therefrom to be paid by the treas. be paid to superin.

urer to the county superintendents of the several tendents. counties, as hereinafter provided.

SEC. 2. The superintendent of public instruction

shall make an equal distribution of the school funds cording to days of

among the several counties, on the first Monday in March, according to the aggregate number of the

days attendance in the several counties, as reported counties,

by the county superintendent of each county, who day in

shall make report of the same, at least two weeks School at- before the first Monday in March, in each year, to must be re- the superintendent of public instruction. portedwhen-and SEC. 3. The district secretary shall, on the first

Monday of February, in each year, submit a report

to the county superintendent for the year past, then distriot sec. ending, of the number of schools taught in such diswhen made, trict, the number of scholars attending said schools, and what to the number of days each scholar attended the same,

school at. tendance in several

first Mon.



to whom,

Report of


and the aggregate number of days of attendance of said schools, respectively, as certified by the teachers of the several schools of such district.

SEC. 4. Every teacher of common schools, em. Teachers to ployed under the provisions of “An act to establish schedules of the common school system,” shall keep a schedule of number of the names of all the scholars attending such school, sobolarisaato the number of days each scholar attends, and the tendauce, aggregate number of days of attendance at such school, with a certificate attached thereto, that said Same to be schedule is in all its specifications true and correct, and deliv. which schedule and certificate he shall deposit with red sterlisthe district secretary, at the expiration of the term tary. of said school.

Sec. 5. That section five (5) of an act to which this Amendact is supplemental, be amended by striking out all the words between the word "same,” in the seventh (7th) line of said section, and the word "and,” being the third word from the end of the tenth line, in said section, and insert the words "shall be invested by the proper authority in United States bonds,” in lieu thereof.

Sec. 6. The secretary shall keep a separate list of Secretary all colored persons in the district, between the ages of list of colo five (5) and twenty-one (21) years, according to the sons who provisions of the act to which this act is supplement- to pro rata al, and shall report the same to the president, 'who share of shall issue warrants on the treasurer in favor of such and report colored persons, pro rata, for educational purposes. presit! nt,

Sec. 7. That section four (4) of an act supplement. We waai is. al to an act entitled "An act to create a fund for the rants &c. benefit of schools," approved January 23rd, A. D. school 1866, shall be, and the same is hereby amended by be apadding thereto the following: Provided that the su. puperin perintendent of public instruction shall first approve tendent of such transfer or conveyance.

public in. SEC. 8. That section thirteen (13) of an act entitled Sales of "An act concerning mines and minerals,” passed at apart for the present session of the legislative assembly, shall lief, &c., be amended by adding thereto the following: Pro- puukeberapa vided that such transfer or conveyance shall first be territorial approved by the territorial treasurer.

Sec. 9. This act to take effect and be in force from and after its passage.

Approved February 9th, A. D. 1866.

the same to

Sales of

claims must


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