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printed or written notices in five public places in said city of Denver, at least thirty days previously to such application, to apply to the district court of Arapahoe county, and cause judgment to be entered against such delinquent lots, lands or par. cels of ground, for the amount of taxes that may be due and unpaid thereon, and costs. It shall be lawful for the district court to proceed to hear and determine such application, and to render judgment against the several lots, pieces and parcels of ground, upon which taxes may be due and unpaid, for the amount of the taxes which may have been assessed upon
the same respectively, and a proportionate part of the costs of making the application, Provided, That but one judgment shall be entered by the district court, in which shall be included all of the tracts of land, lots and parcels, which shall be adjudged delinquent, with the amount for which judgment is rendered against each specified therein.
SEC. 14. The district court, after rendering judgment as provided in the last section, shall issue a precept to the city col. lector directing him to sell at public auction the lands, lots and parcels of ground against which judgment hath been rendered, for the payment of delinquent taxes, and thereupon the city collector shall proceed to sell the same in such way and manner, and at such price as may be determined by ordinance; such sale shall be attended with the like effect, and any purchaser at such sale, shall acquire the same right to land or lots purchased by him, and such sale shall be subject to the same right of redemption, as in cases of sales of lands for delinquent territorial, county and school taxes, Provided, That the city council shall have full power to adopt any regulation or proceeding they may deem necessary to carry
this section into effect; all assessments heretofore made by the corporate authorities may be collected in the manner hereinbefore set forth.
SEC. 15. It shall be lawful for the city council, in each and every year, at their option, to take the corrected assessment roll of all property, real and personal and mixed, within the city of Denver, which may have been made by the territorial officers or the officers of the county of Arapahoe for revenue purposes, under the laws of this territory, and to adopt the same so far as it shall comprise real, personal and mixed property, within the corporate limits of said city, or property which is subject to taxation by the corporate authorities of said city, and so far as said assessment shall be adopted, the same shall be and become the assessment roll for the said city, for the then current year, without any other assessment being made, Provided, That the city council may make all rules, regulations and ordinances, that may be necessary for the purpose of obtaining a copy of
such assessment roll, and for the purpose of carrying this section into effect.
SEC. 16. That it shall be lawful for the city council, as often as they may deem it necessary to do so, to designate in such manner as they may determine, two persons, residents within said city, upon whom, by the laws of the territory shall have been conferred the jurisdiction of justice of the peace, and such persons when so designated by the city council, shall have ju. risdiction in all cases arising under this act, and the ordinances of the city of Denver, except, as otherwise provided in this act, and except in cases where a debt is claimed to be due, or a fine is to be imposed, and such debt or fine shall exceed the sum of three hundred dollars; and such persons shall also have jurisdiction of all violations of the city ordinances. A change of venue shall be allowed in any case for the violation of any city ordinance, from one of the persons so designated, to the other of such persons, in the same manner and for like causes as now provided by law in this territory, for changes of venue in cases pending before justices of the peace.
Sec. 17. It shall be the duty of the mayor, aldermen, city clerk, city collector, city attorney and all other officers of the city of Denver, and all persons who by this act, or the ordi. nances of the city of Denver, or the city council thereof, shall be designated, appointed, required or permitted to perform any act or service whatsoever, for or on behalf of said city, or under the acts or ordinances aforesaid, by whom or into the possession, or under the control of whom any money, bank bills, treasury notes, city warrants, city bonds, city scrip or other evidence of the indebtedness of said city of Denver, or other evidence of indebtedness made, required or issued by any person or persons, company or corporation, or any evidence of territorial or county indebtedness, or other thing of value whatever, which shall be owned by or belong to the said city of Denver, or to the possession of which the said city of Denver shall be rightfully entitled, shall be received, or shall come, to pay or deliver the same, in the same kind of money, bank bills, treasury notes, city warrants, city bonds, city scrip, evidence of indebtedness or thing of value, over to the city treasurer, within thirty days thereafter; and such officer or person shall also, within thirty days after receiving or obtaining possession of the same, make out and deliver to the city treasurer a written statement of the amount of money, bank bills, treasury notes, city warrants, city bonds or other evidence of indebtedness by him received, collected or obtained, for or on behalf of said city, and from whom, and when the same was collected, obtained or received, which statement shall be verified by the oath of such officer or person, and shall be filed and carefully preserved by the city treasurer in his office; any person who shall willfully and falsely swear to such statement, shall be deemed guilty of perjury, and shall be punished accordingly.
Sec. 18. If any person, being an officer of said city of Denver, shall buy, or cause, or procure any person or persons to buy warrants on the city treasury, or on any city fund, or shall deal in the same, or having received money for or on behalf of said city, shall exchange the same for warrants on the city treasury, or shall pay into or deposit with the city treasurer, warrants drawn on the city treasury, or on any city fund, and thereafter collect the amount specified in such warrant, or on any part thereof in money, for or on behalf of said city, and retain the same in partial or full reimbursement for such warrant, for every such offense he shall upon conviction, be punished by fine not exceeding one hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Provided, That, nothing in this section contained shall be held or construed to prohibit the city treasurer from redeeming city warrants as provided by law or ordinance.
Sec. 19. 'The treasurer of the city of Denver, shall report to the city council at the close of each calendar month, the amount and kind of money received by him during the preceding month, and from whom, and upon what account the same was received; also the amount of warrants or other evidence of indebtedness received or redeemed by him during the preceding month, by whom the same were presented for redemption or paid into the city treasury, and whether the same were redeemed in money, or paid into the city treasury in partial or full satisfaction of indebtedness due from the city, to the person paying the same, or otherwise; and shall return monthly to the city council, all bonds, scrip or orders he may have redeemed or paid, to be canceled by them. If the city treasurer shall fail to report, as provided in this section, he shall forfeit and pay to the city, the sum of fifty dollars for each offense.
Sec. 20. The corporate authorities of the city of Denver shall not have power to contract indebtedness for or on behalf of said city, exceeding in aggregate amount the sum of fifteen thousand dollars, nor shall the indebtedness of said city at any time ex. ceed that sum, and all contracts which shall be made for or on behalf of said city, whereby any sum of money shall become due to any person or persons, which together with the indebtedness of said city then existing, will increase the indebtedness of said city, beyond or to an amount exceeding twenty thousand dollars, shall be absolutely void, Provided, That the present indebtedness of said city, shall not be estimated in computing the said sum of twenty thousand dollars; and, Provided. further, That warrants drawn on the city treasurer of said city,
be drawn in such sums, not less than twenty-five dollars, as the
person entitled to such warrants may direct, in cases where the amount due exceeds twenty-five dollars.
SEC. 21. The city council shall have power to make and provide all ordinances necessary for the purpose of carrying into effect the provisions of this act.
SEC. 22. If any of the persons named in section seventeen (17) of this article, shall refuse to comply with the provisions of said section, being thereunto requested by any officer of the city of Denver, he shall forfeit and pay to said city, the sum of fifty dollars for each offense, to be recovered by action in the name of the city, in any court of competent jurisdiction.
MISCELLANEOUS PROVISIONS. SECTION 1. The city council shall have power to provide for the punishment of offenders, by imprisonment, in all cases when said offenders shall fail or refuse to pay the fines and forfeitures which may be recovered against them, and also to provide by ordinance, for all persons so fined to work out the said fines and costs on the streets of the city, or in such other way and manner as they may provide.
SEC. 2. All fines and forfeitures collected for offenses cominitted, or penalties incurred within the incorporated limits of the city of Denver, shall be paid into the treasury of said city by the officers collecting the same.
SEC. 3. The city council shall cause to be published annually, a full and complete statement of all moneys received and expended by the corporation during the preceding year, and on what account received and expended.
SEC. 4. All suits, actions and prosecutions instituted, commenced or brought by the corporation hereby created, shall be prosecuted in the name of the city of Denver.
SEC. 5. Appeals shall be allowed from decisions in all cases arising under the provisions of this act, or any ordinance passed in pursuance thereof, to the district court, and every such appeal shall be granted in the same manner and with like effect as appeals are taken from and granted by justices of the peace, under the laws of this territory.
Sec. 6. This act is hereby declared to be a public act, and may be read in evidence in all the courts of law and equity within this territory, without proof.
SEC. 7. All acts or parts of acts, coming within the provisions of this charter, or contrary to, or inconsistent with its provisions, are hereby repealed, but nothing contained in this act shall in any manner affect or impair any proceeding had or
done under the acts to which this is an amendment, or any rights or privileges acquired under said acts, and this act may be re pealed, altered or amended by the legislature at any time hereafter.
Sec. 8. All actions brought to recover any penalty or forfeiture under this act, or any ordinance or police regulation made in pursuance thereof, shall be brought in the corporate name, and it shall be lawful to declare generally in debt for such penalty, fine or forfeiture, stating the clause of this act, or the ordinance under which the penalty or forfeiture is claimed, and to give the special matter in evidence under it."
Sec. 9. In all prosecutions for any violation of any ordinance or other regulation, the first process shall be by summons, unless oath or affirmation shall be made for a warrant as in other cases.
SEC. 10. Execution may issue immediately upon rendition of judgment, and if the defendant has no goods, or chattels, or real estate within the county, whereof the judgment may be collected, the officer rendering such judgment may require the defendant to be confined in jail for a term not exceeding six months; and all persons so committed, shall be confined one day for each one dollar of such judgment and costs.
Sec. 11. Nothing in this act shall be so construed as to au thorize the city council to tax or license the sale of the products of the territory.
SEC. 12. This act shall take effect and be in force from and after its passage:
Approved February 9th, A. D. 1866.
AN ACT sit ,id
1.. To INCORPORATE THE BUTTERFIELD OVERLAND DISPATCH COMPANY.
Jor Be it enacted by the Council and IIouse of Representatives of COL orado Territory :
SECTION 1. That Edward P. Bray, William R. Brewster, William H. Fogg, George E. Cock; J. H. Puleston, T. H. Mes senger and T. R, Davis, of New York, state of New York; C. G. Hammond, of Chicago, state of Illinois; and D. A. Butterfield, of St. Louis, Missouri; and W. A. H. Loveland, Charles F. Holly, William H. Gale, George A. Hinsdale, Charles A. Cook, Frank Hall and B. R. Colvin, of Colorado territory, their associates and successors, be and are hereby constituted and declared a; body politic and corporate, by the name of the Butter