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crop could with reasonable diligence have been gathered and secured.

Removal of

when one party

open enclosure.

1208. SEC. 7. When any person shall wish to lay open his or her enclosure, he or she shall notify any person own- partition fence ing an adjoining enclosure, and if such person shall not desires to lay pay to the party giving notice one-half the value of any partition fence between such enclosure within one year after receiving such notice, the party giving such notice may proceed to remove one-half of such fence as provided in section six (6) of this act, if the person giving such notice has erected such fence or paid his or her proportion of the cost of erecting the same.

Submission of

people for adopt

1209. SEC. 8. Whenever a petition shall be presented to the county commissioners of any county in this state, this law to the signed by not less than one hundred taxpayers of said ion or rejection. county, praying that the question of adoption or rejection of this law be submitted to the people, it shall be the duty of the commissioners to direct the sheriff to give notice in every precinct in the county thirty (30) days before the general election, in some newspaper published in his county if there be one, if not, by posting written or printed notice, that the question of the adoption or rejection of this law will be submitted to the people for their acceptance or rejection.

Manner of vot

1210. SEC. 9. At such election each voter may vote "For Fence Law," or "Against Fence Law." If a major- ing. ity of said votes shall be for fence law, then the law shall be adopted; but if a majority of the votes are against fence law, then this act shall be of no force therein: Provided, this act shall not be construed to prevent any person from Construction of collecting damage, where he has his crops or grass and other products enclosed with a lawful fence.

this act.

Canvass of votes.
If law adopted,

effect.

1211. SEC. 10. The board of county canvassers shall canvass the vote for fence law and against fence law at the when to take same time and in the same manner provided for canvassing the votes for county officers, and the result of such canvass shall by order of the county commissioners be published in some paper in the county, or notice given by posting in at least three conspicuous places in the county; provided, that if a fence law shall be adopted it shall not take effect until twelve months after the time of adoption.

Not to destroy former fence districts.

1212. SEC. II. This act shall not have any effect to destroy any fence district already organized and the laws governing such organization.

Approved, March 22, 1877.

Exemption of firemen from

serving as juros and payment of poll tax.

Certificate of

service with company evidence of exemption.

CHAPTER XXXVI.

FIREMEN.

AN ACT RELATING TO THE EXEMPTION OF VOLUNTEER FIREMEN AS
JURORS AND FROM PAYING POLL TAX IN THE STATE OF COLORADO
AND TO REPEAL CERTAIN ACTS RELATING THERETO.

Be it enacted by the General Assembly of the State of Colorado:
1213. SECTION I. That any person who is now, or
shall hereafter become, a working member of any fire en-
gine, hook and ladder or, hose company, or volunteer
organization for the extinguishment of fires, now existing
and under the control of the corporate authorities of any
city, or incorporate town, within this state, or of any such
organization which may hereafter be organized under
and subject to the authorities of any city or town as afore-
said, shall, during the time he may continue a working
member of such organization, be exempted from serving
as a juror, and from the payment of a poll tax, and any
member who shall have been a working member of any
such organization in any city or town as aforesaid, and
shall have faithfully discharged his duies as such for the
term of five (5) years, shall be forever thereafter exempted
from serving as jurors and from the payment of a poll tax.
1214. SEC. 2. That any person who has served in any
company for the term of five (5) years as provided in the
preceding section, shall be entitled to receive from the
foreman of the company of which he may have been a
member a certificate to that effect, and on the presentation
of such certificate to the clerk or recorder of the proper
city or town, it shall be the duty of such clerk or recorder
to file the same in his office, and to give his certificate
under the county seal to the person entitled thereto, set-
ting forth the name of the company of which such person

may have been a member, and the duration of such membership, and such certificate shall be received in all courts and places in the state as evidence that the person legally holding the same is entitled to the exemption hereinbefore mentioned; provided, that nothing herein contained shall be so construed as to diminish any privilege now allowed by any law of this state to any member of any fire company in this state, but shall be considered as conferring additional privileges.

1215. SEC. 3. That chapter thirty three (33) of the Repeal. revised statutes of Colorado, and all acts and parts of acts inconsistent with this act, be and the same are hereby repealed.

Approved, February 20, 1877.

CHAPTER XXXVII.

FISH.

AN ACT TO PROVIDE FOR THE PROTECTION, PRESERVATION, AND
PROPAGATION OF FISH, AND TO REPEAL AN ACT ENTITLED “AN
ACT TO PROVIDE FOR THE PROTECTION OF FISH IN COLORADO
TERRITORY," APPROVED FEBRUARY 11, 1870; AND AN ACT ENTITLED
"AN ACT TO AMEND AN ACT ENTITLED 'AN ACT TO PROVIDE FOR
THE PROTECTION OF FISH IN COLORADO TERRITORY,' APPROVED
FEBRUARY 11, 1870," APPROVED FEBRUARY 9, 1872, AND AN ACT EN-
TITLED "AN ACT TO ENCOURAGE THE PROPAGATION OF FISH IN
COLORADO TERRITORY," APPROVED FEBRUARY 13, 1874.

by any device other than hook

Be it enacted by the General Assembly of the State of Colorado: 1216. SECTION I. That it shall not be lawful for any Taking and person to kill or take any trout or other fish in any of the killing of fish waters of this state, by the use of any poison or deleterious and line. or stupefying drug, or by the use of any explosive substance, or by the erection of any weir, dam or other artificial obstruction, or any speckled trout, by the use of any net, seine or device whatsoever, except by a hook and line. Provided, that nothing in this act shall be so construed as to prevent the taking of any trout or other fish for the purpose of propagation.

1217. SEC. 2. It shall not be lawful for any person or persons to kill or take any trout or other fish, in any manner whatsoever, from any private lake, pond or stream,

Taking and killing of fish from private

waters.

Erection and

fishways.

used for the propagation of such fish, except by the consent of the proprietor of such lake, pond or stream.

1218. SEC. 3. Any person or persons, or the officers maintaining of and servants of any company or corporation, maintaining or keeping up any dam, weir or other artificial obstruction, in or upon any stream of water in this state, shall erect and keep up, and maintain at such dam, weir or other artificial obstruction, a sufficient sluice or fishway for the free passage of fish up and down any such stream.

Months during

1219. SEC. 4. It shall not be lawful to kill, take, or which trout shall have in possession for the purpose of sale, any trout taken taken, or offered or killed in any of the public waters of this state, during

not be killed or

for sale.

Penalty for

violation of this act.

Neglect or

up fishway.

the months of November, December, January, February or March, or either of said months in any year; and the offering for sale during the months above mentioned, shall be prima facie evidence of the violation of the provisions of this section.

1220. SEC. 5. Any person or persons, or the officers or servants of any company or corporation, convicted of violating any of the provisions of this act, shall be fined in any sum not less than twenty-five dollars, nor more than three hundred dollars; or shall be imprisoned in the county jail not less than thirty days nor more than six months, or both fine and imprisonment, in the discretion of the

court.

1221. SEC. 6. Each and every month that any person, refusal to keep persons, company or corporation, shall neglect or refuse to keep up and maintain a sufficient sluice or fishway as prescribed in section three of this act, shall constitute a separate offense.

Disposition of fines.

1222. SEC. 7. All fines collected under the provisions of this act shall be paid, one-half to the person giving information of the offense, and the other half shall be paid into the treasury of the county wherein the offense was committed, for the benefit of the school fund of such county. And the person entitled to receive the one-half of such fine as informer, shall be deemed and held to be a competent witness upon the trial for such offense.

1223. SEC. 8. All prosecutions for the violation of any of the provisions of this act shall be commenced be

how and where

fore any justice of the peace in the county wherein the Prosecutions: offense shall have been committed; and any such justice to be commenced of the peace shall, upon his own knowledge, or upon the oath of any competent person, issue his warrant to any constable of his county for the arrest of any person or persons charged with the violation of any of the provisions of this act; and upon the arrest of such person or persons, shall proceed in the hearing of said complaint as in other cases of misdemeanor cognizable before justices of the peace.

default of pay

costs.

1224. SEC 9. The court shall, in all cases of convic- Imprisonment in tion under this act, when any fine is imposed, order as part ment of fine and of the judgment of the court, that the offender shall be committed to jail, there to remain until such fine and the costs are fully paid, or otherwise legally discharged, provided, the term of imprisonment shall not exceed six months. for each offense.

duties and salary

missioner.

1225. SEC. 10. It shall be the duty of. the governor, Appointment, immediately upon the taking effect of this act, and every of fish com second year thereafter, to appoint a person skilled in fish culture and the habits and nature of food-fishes, to be state fish commissioner, and who shall hold his office for the term of two years. Said commissioner shall have supervision of all fish cultural matters of a public nature, and shall receive and provide for the proper care and distribution of such food-fishes or ova of the same as shall come into the possession of the state. He will determine the necessity for fish ways, the location, form and capacity thereof, giving notice for their construction and maintenance. He shall receive compensation for time actually engaged in service of the state, not exceeding in any one year the sum of one hundred dollars, together with the additional sum of one hundred dollars, which can only be expended for express charges, and such other expenses as may be incident to the proper care and distribution of such fish as may come into the possession of the state; all accounts to be approved by the governor.

1226. SEC. II. The fish commissioner shall, annually, before the first day of December, make to the governor a report of the transactions of the year, and set forth in said

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