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court.

of the peace

may com mit or hold

judge or justice shall ascertain that the same are used I kept for or kept for the purpose of gambling or playing at magistrate any game or games of chance, it shall be his duty to stroy. destroy the same. It shall be lawful for officers in executing the duties imposed upon them by this section, break open to break open doors for the purpose of obtaining Cours: possession of any such gambling devices; and all of gambling persons having possession of any of the articles be conveyed aforesaid, shall be conveyed before some judge or magistrate justice of the peace of the county in which they may nation, and be found, and held or committed for appearance at held to apthe next term of the district court of such county, term of for a violation of this act.

Sec. 10. Judges of the district courts throughout Judges of the territory, and probate judges and justices of the court and of peace, in their respective counties, may inquire con- and justices cerning offenses against the provisions of this act, and hold to bail or commit offenders for their appear- mitan ance at the next term of the district court of the offenders.

Prosecuting proper county; and if the prosecuting attorney of attorney any county shall elect so to do, it shall

be lawful for may prósehim, instead of the proceeding by indictment, to pre, in the name sent to the district court informations against any and of the pooall persons who shall violate any of the provisions ple. of this act, which informations shall be made in the name of the people of the territory of Colorado, and signed by the prosecuting attorney, and need not be otherwise authenticated. When any information shall be presented against any person as aforesaid, effect of the trial shall proceed in the same manner and with trial samo like effect as if such person had been indicted by a ment. grand jury.

SEC. 11. That the act entitled "An act to suppress Repeal of gambling and gambling houses," approved March 2nd, in the year eighteen hundred and sixty-four, and the act approved February 9th, A. D. 1865, entitled "An act limiting the operation of an act to suppress gambling and gambling houses," approved March second, eighteen hundred and sixty-four, and repealing certain parts of section thirty-one of an act entitled "An act to amend an act entitled an act to incor. porate the city of Denver," approved March eleventh, in the year eighteen hundred and sixty-four, so much of said acts as conflict with this act, also, all parts and portions of acts which authorize or empower

Manner and

former acto.

any city or other incorporation to license gambling or gambling houses be, and the same are hereby re

pealed.

Sec. 12. This act shall take effect and be in force from and after its passage,

Approved January 20th, A. D. 1866.

A CONCURRENT RESOLUTION

RELATIVE TO A CORRECTION OF C. B. No. 10. A BILL FOR

"AN ACT to SUPPRESS GAMBLING AND GAMBLING HOUSES."

Resolved by the Council, the House of Representatives

concurring, that

Council en-
rolling
clerk in
structed to
insert cer.
tain words
in section 11

WHEREAS, An error exists in reciting the title of said bill for an act limiting the operation of an act to amend an act entitled "An act to suppress gam

bling and gambling houses," approved February 9th, of gambling A. D. 1865, therefore, be it act.

Resolved, That the enrolling committee jointly instruct the council enrolling clerk to insert between the words "act" and "to,” in the ninth line of section eleven of said bill, No. ten, the words, "amend an act entitled an act to."

Approved February 7th, A. D. 1866.

AN ACT

SUPPLEMENTARY TO "AN ACT CONCERNING ROADS AND HIGH

WAYS," APPROVED MARCI 11TH, A. D. 1864.

Be it enacted by the Council and House of Representa

tives of Colorado Territory:

Claims for

opening l'oad.

SECTION 1. Should any person claim to be damdamages for aged by the opening of any road or highway located

in conformity with the provisions of this act, then it shall be the duty of the board of county commissioners of any county where such road is located, to

appoint three persons, residents of the county where How adjust- such damage is claimed, who shall assess both the ed and paid. benefits and damage, and if the damage is found to exceed the benefits, then the amount awarded by said assessors shall be paid to the claimant by the county in which such road is located.

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved January 27th, A. D. 1866.

AN ACT

AMENDATORY OF AN ACT ENTITLED AN ACT CONCERNING

ROADS AND HIGHWAYS," APPROVED MARCH 11TH, A. D. 1864.

Be it enacted by the Council and House of Representa

tives of Colorado Territory:

SECTION 1. That the act to which this act is amend- Persons fail. atory, be, and the same is hereby amended by striking loud the not out the words "first day of September," in the fourth considered line of section ten of said act, and insert the words till Nov. 1st. "first day of November" instead thereof.

SEC. 2. This act to take effect and be in force from and after its

passage. Approved February 5th, A. D. 1866.

AN ACT

To REGULATE DITCHES USED FOR FARMING PURPOSES IN

THE COUNTIES OF COSTILLA AND CONEJOS.

Be it enacted by the Council and House of Representa

tives of Colorado Territory :

tendents o

counties.

SECTION 1. That the citizens of the counties of SuperinCostilla and Conejos, who are engaged in agricultural ditches pursuits, are hereby authorized and empowered to Conejos And hold an election on the first Monday of March in each Costilla year, for the election of superintendents of acequias (ditches), as follows, to wit: One superintendent for each and every acequia madre (main ditch) in the counties aforesaid, to be chosen on said first Monday in March, by those persons who are in occupation of the lands adjoining, for farming purposes.

County clerks of

give notice

Fraudulent voting.

other half for benefit of ditch.

Powers of superintendents.

Delin. quents may be fined.

Fines-how

ted.

Duties of

tendents.

SEC. 2. The county clerk of each of the aforesaid Costilla and counties shall give notice of the election to be holden Conejos to

as aforesaid, by posting at least one public notice of election.

thereof in each of the election precincts of the said How given. counties respectively, at least ten days before the day

of election.

SEC. 3. Any person who shall be guilty of voting,

who is not entitled to vote under the provisions of . One-half of this act, shall be liable to a fine of not less than one ine to go to dollar, nor more than five dollars, the one-half to go

to the informant and the other half to be placed in the hands of the superintendent of acequias, to be used in repairing acequias.

SEC. 4. The superintendents are empowered to call out persons using water from the acequias, respectively, to repair the acequias or dams; and any person so using water from the acequias, who shall fail to supply his share of work necessary for repairs,

shall be liable to a fine of not less than one dollar, appropria- nor more than five dollars, said fine to be appropria

ted to the benefit of the acequias.

SEC. 5. That it shall be the duty of the aforesaid superin.

superintendents to keep their acequias well repaired and in good order, so that an ample supply of water can at all times be had, and it shall be his duty to divide said water in such a manner that each and every one will have the amount of water he is entitled to; and if any of the aforesaid superintendents shall willfully, or for fee or reward give to any one more water than he is entitled to, or shall willfully

keep from any one any part of the water he is enti May be fined

tled
to,
for
every

such offense he shall be liable to a fine of not over fifty dollars, nor less than five dollars, the half of said fine to go to the informant and

the other half to the use of the acequia. Superin- SEC. 6. If any of the aforesaid superintendents neglecting shall willfully neglect their duty in such manner that duty liable

damage is done, in addition to the damage done, he ant damage shall be fined in any sum not exceeding twenty-five Persons in. dollars ; and if any one shall willfully break or juring ditch

destroy any acequia or dam, or shall turn the water into the

crop any one with the intention of damaging the same, he or they, in addition to such dam

age as may be done, shall be fined in any sum not Fines—how exceeding fifty dollars; one-half of all fines under

for malfea. sance.

Fine-how divided.

tendents

for result

to damage of others liable for such dam.

of

age and may be

the provisions of this section to go to the informant, and the other half to the use of the acequia.

fined.

divided.

All cases un

justice of

Defendant may have

where held.

Vacancies

Sec. 7. The aforesaid superintendents shall receive compensa such compensation as may be agreed on by a major- perintendity of those using water from the acequia of which ents. he is the superintendent.

SEC. 8. All suits brought under the provisions of der this act this act, shall be before some justice of the peace liv. tried before ing in the county in which the offense was commit- peace. ted, and from the decision of said court there shall lowed only be no appeal, except suits brought exclusively for damage. damage, Provided, That in all cases, a jury to consist of six disinterested persons may be summoned jury. on demand from the defendant.

SEC. 9. Elections held for the election of the afore- Elections, said superintendents, shall be held in each precinct at the place of holding general elections, and in case of vacancy by removal, resignation or other cause, Lavandied. of any of the aforesaid superintendents, it shall be the duty of the justice of the peace living in the precinct nearest the acequia in which the vacancy exists, to call an election for the purpose of electing a superintendent to fill said vacancy.

Sec. 10. In all cases where superintendents are conviction found guilty of any accusation under the provisions tendents, of this act, he shall be removed from office and the freonovan

from office. vacancy filled under the provisions of section nine.

SEC. 11. All money collected under the provisions Superin of this act, shall be placed in the hands of the super- receive and intendent of the acequia for which it was collected; moneys. and it shall be the duty of the aforesaid superintendent to render to any meeting that may be called by those interested in the acequia of which he is the superintendent, a true account of all money received by him, the amount expended, and for what purpose, and the amount on hand; and in all cases the ma

Appropriajority of said meeting shall have the power of using tions-how any money that may be on hand, in such a manner as they deem most beneficial to the acequia. In case tendent of removals or resignations, superintendents shall over ditch deliver to their successors all money

that
may

be in their possession.

SEC. 12. That public acequias, during the farming Farm ditchseason, shall have preference over all ditches used for preference. any mills, machinery, or any other ditch that may not be exclusively used for farming purposes.

made. Superin

fund to successor.

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