neglecting volunteer company, squadron, battalion, or regiment to act until orders can be received from the Commander-inChief, and in all such cases if any commandant of a vol- Liability for unteer company, squadron, battalion, regiment, brigade to appear. or division, shall refuse to appear with such force, at the time and place that the Sheriff of the county, or Mayor of the city, or United States Marshal of the Territory shall direct, such officer shall be fined in a sum not less than ten dollars nor more than one hundred dollars, on complaint of any such Sheriff, Mayor or Marshal, before any court of competent jurisdiction; and any officer, musician or private, who refuses or neglects to turn out and appear immediately on being notified by his commandant, shall be fined in a sum not exceeding twenty dollars, to be collected as in the former case. Commandants shall have power, and are hereby required, to call out their respective commands for the purposes mentioned in the preceding section, and to the assistance of the civil authorities in the execution of the laws, when called upon to do so by the proper authorities. SEC. 21. Each officer and private of a volunteer company shall receive two dollars per day or per night, when serving under the order of a sheriff of their county, to be paid out of the county treasury, and when under the order of the Mayor of a city, to be paid out of the city treasury, and when under the order of the United States Marshal, to be paid out of the territorial treasury, Provided, That when the volunteer forces are called out to repel invasion, or suppress Indian depredations, or in case of war, the expenses shall be paid out of the territorial treasury. Pay of offi privates. cers and SEC. 22. All parades, musters and encampments held Parades, etc. under the provisions of this act, and all courts-martial, by what rule shall be governed as near as may be, by the rules and regulations of the army of the United States. All offend ers in time of war shall be tried and adjudged by them. division; officers. SEC. 23. There shall be attached to each division of Officers of the militia of this Territory, one Major General; to each brigade; brigade, one Brigadier General; to each regiment of vol- regiment. unteer militia, one Colonel, one Lieutenant Colonel and one Major; and to each squadron of cavalry volunteer Company militia, there shall be one Major; and to each company of volunteer militia there shall be one Captain, one First Lieutenant, one Second Lieutenant, one Third Lieutenant, one Ensign, four Sergeants, four Corporals, one fifer and two drummers. Cavalry companies may have one or more buglers. For good cause shown, the Commander-in Chief may accept the resignation of any commissioned officer. SEC. 24. The staff officers of the Commander-in-Chief shall consist of one Adjutant General, who shall be Inspector General, one Quartermaster General, one Paymaster General, two or more Aid-de-Camps, as emergencies may require, an Engineer-in Chief, and one Judge Advocate General, who shall be appointed by the Commander-in-Chief. To each division, there shall be one Division Inspector, who shall discharge the duties of Assistant Adjutant, two Aid-de-Camps, one Assistant Engineer-in-Chief, and one Assistant Judge Advocate General, to be appointed by the Commandant of Divisions. To each brigade there shall be one Brigade Major, one Aid-de-Camp, one Quartermaster, one Judge Advocate, one Engineer and one Chaplain, to be appointed by the Commandant of the Brigade. For each regiment or battalion of infantry, there may be one Chaplain, and there shall be one Adjutant, one Quartermaster, one Surgeon, one Sergeant Major and one Drum Major to be appointed by the Commandant of such regiment or battalion. SEC. 25. The system of discipline and field exercise ordered to be observed by the army of the United States in the different corps, shall be observed by the militia. SEC. 26. The commander of every volunteer regiment, battalion, or detached company, may annually order out the officers under his command for elementary drill, two separate days, at such places as he deems most convenient. Every person unnecessarily neglecting to attend at the time and place appointed for such drills, shall forfeit, to the use of his regiment, battalion or company, five dollars, to be recovered as prescribed in this act. The Commandant of Divisions may annually order an encampment of his division, to last not longer than three days. Any officer or private unnecessarily neglecting to attend at the time and place appointed for encampment, shall forfeit ten dollars, to be recovered as before prescribed. SEC. 27. No officer or private shall he holden to perform military duty, except in case of invasion, insurrection, Indian depredations, riot or tumult, on a day appointed for any general Territorial or county election. SEC. 28. Commanders of volunteer companies may order out their companies one day in every month for drill. SEC. 29. That each and every member of any military company, before any such company shall be considered organized for military duty, and before any such officer shall be commissioned, shall each, severally, take the oath of allegiance required by the law of the United States or the army regulations. ernor. Auditor. SEC. 30. The Governor shall take such steps as a Duty of Gov sound discretion shall dictate, after the passage of this act, to perfect the early organization of the militia of this Territory, as provided for herein; and it shall be the Duty of duty of the Auditor to audit all accounts for expenses accruing in perfecting such organization, whenever properly presented with the vouchers of the Commander-inChief; and the Treasurer shall pay any such accounts so Duty of accredited, or warrants drawn on him by the Auditor, out of any money in the treasury not otherwise appropriated. Provided, That no charge shall be allowed against the Territory for pay of officers or privates, or for their clothing, arms or equipment, except in such cases as where the same is expressly provided for by law. SEC. 31. The Adjutant General shall be entitled to receive as compensation for his services the sum of two hundred dollars, to be paid out of the Territorial treasury, but no charge shall be made, or pay received, for any commissions issued under the provisions of this act. SEC. 32. That the act entitled "An act to organize the militia," approved Oct. 18th 1861, be and the same is hereby unqualifiedly repealed. Approved Aug. 14th 1862. treasurer. Compensa tion of Adju tant General AN ACT CONCERNING CHATTEL MORTGAGES. Be it enacted by the Council and House of Representatives of Colorado Territory: mortgages SECTION 1. No mortgage on personal property shall Chattel be valid as against the rights and interests of any third valid as to person or persons unless possession of such personal third perproperty shall be delivered to and remain with the mortgagee, or the said mortgage be acknowledged and recorded as hereinafter directed. sons, when. SEC. 2. Any mortgagor of personal property may who may acknowledge such mortgage before any justice of the acknowledge peace in the justice's district in which he may reside, and said justice shall certify the same in substance as follows: Form of acknowledgment, etc. Mortgage may be admitted to record, when. Copy of may be evidence, when Fees of recorder. Penalty for selling mort erty with out notice. ...... "This mortgage was acknowledged before me by A. B. (the mortgagor) this day of...... 186... And the said justice shall also keep on his docket, a memorandum of the same, in substance as follows, viz: A...... B...... to C...... D...... mortgage of (here describe the property,) acknowledged this day of... 186.... Inserting the name of the mortgagor in place of A...... B...... and the name of the mortgagor [mortgagee] in place of C...... and the justice may receive therefor a fee of fifty D ....... cents. ...... SEC. 3. Any mortgage of personal property, so certified, shall be admitted to record, by the recorder of the county in which the mortgagor shall reside at the time when the same is made, acknowledged and recorded, and shall, thereupon, if bona fide, be good and valid from the time it is so recorded, for a space of time not exceeding two years, notwithstanding the property mortgaged or conveyed by deed of trust, may be left in the possession of the mortgagor: Provided, That such conveyance shall provide for the property so to remain with the mortgagor. SEC. 4. A copy of any such mortgage made, acknowledged and recorded as aforesaid, certified by the proper recorder from the proper record, may be read in evidence in any court of this Territory, without any further proof of the execution of its original, if said original be lost or out of the power of the person wishing to use it. SEC. 5. For recording any such mortgage, the recorder recording the same shall receive twelve cents for every one hundred words, and for copies thereof the same compensation only. SEC. 6. Any person having conveyed any article of gaged prop- personal property to another by mortgage, who shall, during the existence of the lien or title created by such mortgage, sell the said personal property to a third person, for a valuable consideration, without informing him of the existence and effect of such mortgage, shall forfeit and pay to such purchaser twice the value of such property so sold, which forfeiture may be recovered in an action of debt in any court having jurisdiction thereof, or if the amount claimed does not exceed one hundred dollars, before any justice of the peace. To what the shall extend. SEC. 7. The provisions of this act shall be deemed to extend to all such bills of sale, deeds of trust, and other conveyances of personal property, as shall have the effect of a mortgage or lien upon such property. SEC. 8. This act shall be in force from and after its passage. Approved August 15th, 1862. AE AN ACT To AMEND AN ACT ENTITLED "AN ACT RELATING TO Be it enacted by the Council and House of Representatives of Colorado Territory: SECTION 1. The bond to be executed by any notary, Bond of Noshall be approved by the county clerk, who shall endorse to be ap on any bond which he shall approve, as follows: "I am proved, etc. acquainted with the securities herein, and believe them to be worth the amount of the penal sum of the within bond, over and above all their just debts and liabilities." SEC. 2. So much of section 6, of said act, as requires Oath of offthe oath of office taken by a notary public, to be sub- taken. scribed upon the back of his commission, and so much of section 7, of said act, as requires the commission of notaries to be filed in the office of the Secretary of the Territory, be and the same is hereby repealed. SEC. 3. All acts and parts of acts conflicting with this act is [are] hereby repealed. cer; how SEC. 4. That from and after the first day of October Seal; charnext, every notary public in this Territory shall attest all acter of. his official acts with a seal, which shall make an impression on paper, which seal shall contain his name and place of residence. Approved August 15th, 1862. AN ACT TO PROTECT THE RIGHTS OF PERSONS SETTLED UPON ANY Be it enacted by the Council and House of Representatives SECTION 1. All persons settled upon any of the public lands belonging to the United States, or any person who may have a title and right to occupy any such lands, by virtue of a certificate, deed of gift or purchase from the original claimant or his assigns, duly acknowledged and recorded in the office of the recorder of any county, district or claim club where it was proper to have recorded the same, by virtue of the local laws of such county,. district or claim club, may at any time within two years from and after the passage of this act, maintain the action of ejectment, the action of trespass quare clausum Settlers on und tain action, public lands may main when. |