and lessees same penal. ing to hold any such claim or claims, by or through Vendees such person or persons so guilty of a misdemeanor liable to the or misdemeanors as aforesaid, shall be held amenable timp to all the provisions of this act, applicable to the jumpers. person or persons guilty of the misdemeanor or misdemeanors as aforesaid, and may be proceeded against in the same manner and with like effect. ferred on county superintendents of SEC. 2. That the county superintendents of schools Powers conin each and every county of the territory where mineral lodes of gold-bearing quartz, silver or other valuable metal have been, or may hereafter be schools. found, are in addition to the powers given here, and duties imposed on them by an act entitled "an act to create a fund for the benefit of schools, " approved August 15th, A. D. 1862, empowered, authorized and required to do and perform the matter and things hereinafter set forth. County suents of perintend shall ascer tain wheth have been jumped, &c. er claims SEC. 3. Said county superintendents of schools shall in their respective counties carefully inquire into the condition of the school claims mentioned in schools the act to which this act is supplemental, and whether the same have been pre-empted by individuals on the record, jumped or trespassed upon or the title to said claims illegally attacked or interfered with; and if any such school claims have been pre-empted by any person or persons, on the record of any county in which said claim or claims may lie, or the same has been jumped or trespassed upon, or the title thereto illegally attacked or interfered with, and the person or persons so pre-empting, jumping, trespassing upon, attacking or in any way interfering with said claims as aforesaid, shall not on or before the first day of June, A. D. 1866, relinquish upon the record of the county in which said acts may be done, and surrender the possession thereof, also all assumed or pretended right, title and interest to any such school claims as should or do belong to the school fund by virtue of the act to which this act is supplemental; and further, if in the future any such school claim or claims shall be pre-empted, jumped or trespassed upon, or the title of the same illegally attacked, or trespassed with, by any person or persons, then in every such case the aforesaid county superintendents of schools in their respective counties, are hereby authorized and required to present to the grand jurors of their respective counties for indictment, the person or persons so offending, and shall also proceed in And preers of claims to sent jump school the grand jury. Must proceed in civil action for damages. their official character and name, to the use and for the benefit of the schools of said territory, against such person or persons, in an action of trespass, or of case (as may be deemed most suitable), for all loss and damage that may have been sustained. And if Court must in any such civil action the issues are found against the defendant or defendants, and damages are assessed by the jury, the court shall in all such cases render damages as judgment against such defendant or defendants for three times the amount of damages so assessed. `render judg ment for triple amount sessed by jury. County superintendents of schools to ber of school claims to county commissioners. County commissioners to appraise school claims. County superintendents SEC. 4. The county superintendents of schools in each of the counties mentioned in the second secreport num- tion of this act, shall annually present to the board of county commissioners of their respective counties, and at their first meeting after the general election, a schedule of all the claims so set apart (not previously rendered) as aforesaid for the benefit of schools, and upon the recommendation of the county superintendents of schools, the county commissioners shall fix the price or sum of money for which each of the said claims may be sold or leased, and upon the fixing of the several amounts for which said claims may be sold or leased as aforesaid, the said county superintendents of schools, shall in their respective counties, proceed as county superintendents of schools, may sell or having the superintendence and control of said claims, to sell or lease as the case may be. Provided, however, that the term of the lease shall not exceed six years without renewal; and further, it shall be the duty of the county superintendents of schools, in the execution of each and every lease, to take good personal securities from each of the lessees, for the faithful payment of the sums mentioned in the lease, said amount to be paid semi-annually. And further, should a sale at any time be made of any of the aforesaid school claims, the county superintendents of schools in the respective counties in which said claim or claims are located, are hereby authorized and empowered to make the transfer, by signing the deed in their official capacity, and said transfer so executed, shall constitute a true and valid title. lease. Term of lease. Lessees must give security. Rent paid semi-annually. Deed executed by county superintendents. County superin. tendents. must give bond. SEC. 5. Each county superintendent of schools, before leasing or selling any of the school claims aforesaid, shall enter into a bond to the terriTo be fixed tory of Colorado, the penalty thereof to be fixed and ed by coun- approved by the board of county commissioners sioners. of his county, conditioned that the said county super and approv ty commis of bond. intendent of schools shall faithfully comply with the Conditions provisions of this act, collect, and after such collections, preserve the money accruing from the civil actions aforesaid, and the sale of claims or leases aforesaid, until the same is appropriated by the proper authority, or his term of office expires, and upon such appropriation or the expiration of his term of office, shall promptly pay over such money so appropriated, and the residue thereof, if any, to his successor in office, and vouchers for all sums of money paid out by any such county superintendent of schools under and by this act, shall be credited to said coun- Credits of ty superintendent of schools as so much cash. He dent. shall also be credited with the amount of his compensation hereinafter specified. superin superin SEC. 6. To carry out the provisions of this act the County several county superintendents of schools aforesaid, tendents are authorized to employ at a just and equitable com- attorneys. may employ pensation, one or more attorneys (not to exceed three), to conduct all suits in court accruing out of or under the provisions of this act; and said attorneys shall be paid out of the territorial school fund upon the How paid. presentation to the proper officer of a certificate from the county superintendent of schools who employed them (or the successor of such county superintendent), that the sum claimed by said attorney is justly due. tion of tendents. SEC. 7. The several county superintendents of Compensa schools aforesaid, shall each of them receive as a superincompensation for the services in the matter aforesaid, for each year's services, ten per cent. on all sums collected or received by them from the fines, leases or damages for trespass as aforesaid. Provided however, the compensation accruing therefrom, does not exceed Not to ex$3,000, in case of which the overplus shall accrue to the general school fund. SEC. 8. Nothing in this act shall be so construed as to prevent the filing and prosecution of suits in the nature of information in chancery, brought by the proper authority, to secure and protect said claims, nor shall this act in any wise invalidate or affect suits already brought by information or otherwise. SEC. 9. Every county recorder who shall willfully neglect or refuse to record any claim set apart for school purposes, as provided by law, or who shall record à jumper's so-called pre-emption, shall be sub ceed $3,000. Suits by innot affected. formation County re corder who lect or refuse to reshall be shall neg cord claim fined. Penalty. Illegal sales. ject to a fine of not less than five hundred dollars, nor more than five thousand dollars, such fine to go to the school fund. SEC. 10. Any conveyance or sale of school claims, except as provided in the foregoing sections, shall be unlawful, and therefore null and void. SEC. 11. This act to take effect and be in force from and after its passage. Approved January 23d, A. D. 1866. School superintendents to pay money received for school claims to territorial treasurer. School money to be invested in U. 8. bonds. Interest to be paid to superin tendents. School fund to be distributed according to days of school attendance in several counties, first Monday in March. AN ACT SUPPLEMENTAL TO AN ACT ENTITLED "AN ACT SUPPLEMENT- SAME. Be it enacted by the Council and House of Representatives of Colorado Territory: SECTION 1. The county superintendents shall pay over to the territorial treasurer all funds arising from the sale or lease of mining claims, under an act to which this is supplemental, who shall invest the same in United States bonds for the use of the school fund, the interest arising therefrom to be paid by the treasurer to the county superintendents of the several counties, as hereinafter provided. SEC. 2. The superintendent of public instruction shall make an equal distribution of the school funds among the several counties, on the first Monday in March, according to the aggregate number of the days attendance in the several counties, as reported by the county superintendent of each county, who shall make report of the same, at least two weeks before the first Monday in March, in each year, to must be re- the superintendent of public instruction. School attendance portedwhen-and to whom. SEC. 3. The district secretary shall, on the first Monday of February, in each year, submit a report to the county superintendent for the year past, then ending, of the number of schools taught in such district, the number of scholars attending said schools, and what to the number of days each scholar attended the same, Report of district sec retary when made, contain. and the aggregate number of days of attendance of said schools, respectively, as certified by the teachers of the several schools of such district. Teachers to make names aud &c. SEC. 4. Every teacher of common schools, employed under the provisions of "An act to establish schedules of the common school system," shall keep a schedule of number of the names of all the scholars attending such school, days of each the number of days each scholar attends, and the tendance, aggregate number of days of attendance at such school, with a certificate attached thereto, that said schedule is in all its specifications true and correct, which schedule and certificate he shall deposit with the district secretary, at the expiration of the term of said school. SEC. 5. That section five (5) of an act to which this act is supplemental, be amended by striking out all the words between the word "same," in the seventh (7th) line of said section, and the word "and," being the third word from the end of the tenth line, in said section, and insert the words "shall be invested by the proper authority in United States bonds," in lieu thereof. SEC. 6. The secretary shall keep a separate list of all colored persons in the district, between the ages of five (5) and twenty-one (21) years, according to the provisions of the act to which this act is supplement al, and shall report the same to the president, who shall issue warrants on the treasurer in favor of such colored persons, pro rata, for educational purposes. SEC. 7. That section four (4) of an act supplemental to an act entitled "An act to create a fund for the benefit of schools," approved January 23rd, A. D. 1866, shall be, and the same is hereby amended by adding thereto the following: Provided that the superintendent of public instruction shall first approve such transfer or conveyance. SEC. 8. That section thirteen (13) of an act entitled "An act concerning mines and minerals," passed at the present session of the legislative assembly, shall be amended by adding thereto the following: Provided that such transfer or conveyance shall first be approved by the territorial treasurer. SEC. 9. This act to take effect and be in force from and after its passage. Approved February 9th, A. D. 1866. Same to be and deliv ered to dis tary. certified trict secre Amend ment. shall keep a Secretary ored per are entitled the same to president, war who shall is rants &c. school be approvel by tendent of Sales of claims must superin. struction. claims set Sales of miners' re treasurer. |