Declaration of vacancy to be part of judgment in case of conviction of officer for embezzlement. Delivery of official books, papers, moneys, etc., to sureties, of officer to file bond. bond, and the securities to the new bond are hereby declared to be liable for all official delinquincies of said officer, whether of omission or commission, which may occur after approval of the new bond as aforesaid. 1945. SEC. 15. If any sheriff, master in chancery, clerk of the district court, coroner, county judge, justice of the peace, constable, county treasurer, assessor, county clerk, or other officer, shall embezzle or appropriate to his own use any money which may be paid to him by virtue of his office, he shall be liable to be indicted therefor, and, upon conviction thereof, the court pronouncing such judgment of conviction shall, as a part of such judgment, declare the office held by such officer vacant, and such vacancy shall be filled as now provided by law. 1946. SEC. 16. It shall be the duty of such master in chancery, clerk of the district court, sheriff, coroner, county in case of rail judge, justice of the peace, constable, county treasurer, county assessor, county clerk, or other officer, if he shall fail to give bond as provided for in this chapter, to deliver over to his securities forthwith, all books, moneys, vouchers. papers, and every description of property whatever, pertaining to his said office; and the said sureties may at any time after said failure to file said bond, maintain an action of replevin, or other appropriate action to recover such property, money or effects, from their said principal. Penalty for fail ure of officer to deliver money, property, etc., to sureties, or attempting to duties. 1947. SEC. 17. If any officer designated in the foregoing sections of this chapter shall fail to deliver any money, property, or effects as aforesaid to his securities, or shall act exercise official or attempt to act in the performance of the duties of his said office, after failing to give a new bond as aforesaid, he shall be deemed guilty of a high misdemeanor, and. upon indictment and conviction therefor, shall be fined in any sum not less than five hundred dollars, nor more than five thousand dollars. Sureties not re leased from pre by filing of new bond. 1948. SEC. 18. The provisions of this chapter shall vious liabilities not be so construed as to operate as a release on the securities of any of the aforesaid officers, for liabilities incurred previous to the filing of a new bond, as required in the foregoing sections of this chapter. 1949. SEC. 19. sheriffs and cor and approved. and coroners of this state shall be filed in the office of the Where bonds of county clerk, and approved by the board of county com- oners to be filed missioners, in manner as now required by law, in open session, at their first meeting after the filing of such bond: provided, if said board of county commissioners be not in session, when said bond shall be filed, then the county clerk shall judge of its sufficiency, subject to the final decision and approval of said board at their first meeting thereafter. Filing and ap of other county 1950. SEC. 20. Hereafter all county judges, justices of the peace, constables, county treasurer, assessor, county clerk, proval of bonds or any county officer, elected according to the laws of this officers. state, shall file their official bonds in the office of the county clerk, which said bond shall be executed as required by law, and shall be approved by the board of county commissioners in open session: provided, if said board be not in session on the filing of such bond, then the county clerk shall judge of its sufficiency, subject, however, to the final decision and approval of said board at their first meeting thereafter; and provided, further, that if said board be not in session, the county clerk, in filing his bond as aforesaid, shall present the same to the chairman of the board of county commissioners, or in case of his absence or inability to act, to one of the other members of said board, who shall judge of its sufficiency, subject as aforesaid, to the decision and approval of said board at their first meeting thereafter. Who may ap evidence before sioners in regard to securities on Record of ap 1951. SEC. 21. All persons interested may appear before said board of county commissioners and offer evidence as pear and give to the sufficiency or insufficiency of the securities on the county commis official bond of any of the officers named in this chapter. official bonds. 1952. SEC. 22. It shall be the duty of the board of county commissioners to make an entry in the records of proval of official said board, of their approval of all official bonds: and when so approved by said board, the county clerk shall record the same in the records of said county, for inspection by all persons. bonds. missioners to 1953. SEC. 23. If any board of county commissioners Neglect of comshall wilfully neglect to inquire and examine into the inquire into suf ficiency of offisufficiency of any of the official bonds named in this cial bonds, chapter, they, and each of them, shall be deemed guilty of omission of a public omission of duty, and shall be liable in damages therefor. deemed public duty; action for damages Disposition of fines. to any person who may receive injury by such neglect to be recovered before any court of competent jurisdiction in this state, by an action on the case. 1954. SEC. 24. All fines accruing under the provisions of this chapter, shall be paid into the county treasury for the use of common schools of this state. Publication of state officers. CHAPTER LXX II. OFFICIAL REPORTS. AN ACT TO PROVIDE FOR PUBLICATICATION AND DISTRIBUTION OF Be it enacted by the General Assembly of the State of Colorado: 1955. SECTION I. All officers required by any law of annual reports of this state to make annual reports to the governor or legislature, shall, within five days after the close of each fiscal year, complete and deposit the same with the governor, and it shall be the duty of the secretary of state within ten days after the close of the fiscal year next preceding the regular session of the legislature, to place the reports of the two preceding fiscal years in the hands of the person authorized to do the public printing, for publication, and superintend the printing of the same, and see that it is done in a proper manner. Number of copies to be printed, of the same. 1956. SEC. 2. Of each of the reports of the said offiand disposition' cers, there shall be published two hundred and fifty (250) copies, of which number, one hundred and fifty (150) copies shall be for the use of the general assembly and state officers and the remaining copies shall be preserved for binding with the other joint documents for the two fiscal years for which such reports are made. Approved, January 29, 1877. CHAPTER LXXIII. ORE. AN ACT TO FACILITATE THE RECOVERY OF ORE, TAKEN BY THEFT Be it enacted by the General Assembly of the State of Colorado: shall be kept of each lot of ore. 1957. SECTION I. That every person, association or what record corporation that shall be engaged in the business of mill- the delivery of ing, sampling, concentrating, reducing, shipping or purchasing ores in the state of Colorado, shall keep and preserve a book in which shall be entered at the time of the delivery of each lot of ore: First-The name of the party on whose behalf such ore is delivered, as stated. Second-The name of the teamster, packer or other persons actually delivering such ore, and the name of the owner of the team or pack train delivering such ore. Third-The weight or amount of every such lot of ore. Fourth-The name and location of the mine or claim from which it shall be stated that the same has been mined or procured. Fifth-The date of delivery of any and all lots or parcels of ore. Whenever affidavit shall have been Examination of having ore stolen. 1958. SEC. 2. made before any police magistrate of any town in this record by person state or any justice of the peace of any county, by any person, that ore has been stolen from him, stating as near as may be the amount and value of the ore stolen, such person upon presentation of a certified copy of such affidavit, shall have access to such book, and may examine the entries which may have been made therein during a period of fifteen days next preceding the filing of such affidavit: provided, that the person making such affidavit shall, at the time of making the same, have a present interest in the product of the mine or claim from which said ore has been stolen, or in the ore alleged to have been stolen. 1959. SEC. 3. Every person, association or corporation that shall fail or refuse to keep the book required by the Penalty for fail- terms of the first section of this act, or shall fail or refuse ure or refusal to or to make en keep such record to make any proper entry therein, or who shall make any tries therein, or false entry therein, or who shall refuse to any person who entry; liability may be entitled to the same, as provided by section two (2) for damages. to make false Failure or neglect to make necessary inquiries, etc., not of this act, the right of inspection thereof, shall forfeit and pay for each and every violation of the provisions of said section a penalty of not less than fifty (50) nor more than three hundred (300) dollars, to be collected by action of debt at the suit of any person who may sue for the same. In addition to such penalty, any person, association or corporation violating the provisions of said first section, shall be liable at the suit of the party or person aggrieved, in the proper form of action, for all damages which may accrue to any party or person by reason of any such violation. And in all actions the fact that a false entry has been made, shall be prima facie evidence that the same was made wilfully or knowingly. 1960. SEC. 4. If any person, association, or corpora- . tion shall fail or neglect to make the inquiries necessary to to excuse party the making of the proper entries in said book, as provided from judgment. by section one (1) of this act, or shall so negligently make entries therein that any lot of ore cannot be particularly identified, or so negligently that it cannot be perceived therefrom, what person delivered any lot of ore or received the proceeds of the same, when purchased, or shall fail to keep such book, or shall wilfully suffer the same to be lost, or mislaid, so that the same cannot be produced for inspection, such failure or neglect shall not excuse any party defendant in any suit brought under the preceding section from judgment for any penalty prescribed by said section. Purchase, con tract for or pay- taken from mine 1961. SEC. 5. Any person, association or corporation, or the agent of any person, association or corporation, who shall knowingly purchase or contract to purchase, or shall make any payment for or on account of any ore, which shall have been taken from any mine, or claim, by persons who have taken, or may be holding possession of any such mine, or claim, contrary to any penal law now in force, or which may be hereafter enacted, shall be considered as an accessory after the fact to the unlawful holding or taking of such mine, or claim, and upon conviction shall be sub |