might have accrued to said town, if said levy had in the first instance been made upon the real and personal property in said town, in the first instance, and to make the collection of the said two-mill tax enforceable if need be, by lawful measures.

Assessor.

SEC. 3. That the Assessor of said town of South Duty of the Pueblo, who made the assessment of the real estate in said town, in the year 1873, shall make the assessment of the personal property which was in said town, and subject to the tax aforesaid; or, in case of his failure or refusal to act, the said Board of Trustees shall have power to appoint any suitable and competent person to make such assessment, and who shall receive his reasonable compensation therefor, to be fixed by said Board of Trustees.

SEC. 4. That the said assessment and collection of said taxes shall, as near as may be practicable, be governed by the general revenue laws of this Territory, except as is herein otherwise provided.

SEC. 4. This act shall take effect and be in force from and after its passage. Approved February 9th, 1874.

AN ACT

To prohibit the Burying of the Dead within the limits of any City, Town or Village in certain Counties.

Be it enacted by the Council and House of Representatives of Colorado Territory, That it shall not be lawful for any person person or persons to bury the dead body of any human being within the limits. of any city, town or village situated in the Counties of Douglas, Larimer, Weld, El Paso, Costilla, and Conejos, in the Territory of Colorado, and any person violating the provisions of this section shall be fined in a sum not exceeding one hundred (100) dollars.

SEC. 2. That for the purpose of carrying out the provisions of this act, the County Commissioners of the several counties hereinbefore mentioned shall have power and authority, and it shall be their duty at the next general session after the passage of this act, to designate and define the boundaries and limits of any town or village within the limits of their respective counties, not incorporated under the laws of this Territory.

SEC. 3. This act to take effect and be in force from and after its passage. Approved February 9th, 1874.

AN ACT

Concerning Unclaimed Freight.

Be it enacted by the Council and House of Representatives of Colorado Territory, When any goods, merchandise, or other property shall have been received by any railroad, or express company, or other common carrier, commission merchants, or warehousemen, and shall not be received by the owner, consignee, or other authorized person, until the expiration of thirty (30) days, it shall be lawful for the said carrier, commission merchant, or warehousemen to hold the same, or the same may be stored, with some responsible person, and be retained until the freight and storage, and all just and reasonable charges be paid by the owner, or consignee, or by some person for him, provided, however, that said railroads or express companies or other common carriers, commission merchants, or warehousemen, shall notify the owners or consignees of the receipt of such goods, merchandise, or other property, within three (3) days from the receipt thereof.

SEc. 2. If no person having a right thereto call for said goods, merchandise, or other property,

within ninety days from the receipt thereof, and pay freight and charges thereon, it shall be lawful for such carrier, commission merchant, or warehouseman, to sell such goods, merchandise, or other property, or so much thereof, at public auction to the highest bidder, as will pay said freight and charges, first having given twenty (20) days' notice of the time and place of sale to the owner, consignee or consignor, if known, and by advertisement in a daily paper, (or if in a weekly paper four weeks), published where such sale is to take place; and, if any surplus be left after paying freight, storage, cost of advertising, and all other just and reasonable charges, the same shall be paid over to the rightful owner of said property at any time thereafter, upon demand being made therefor, within ninety (90) days.

County Tre

SEC. 3. If the rightful owner, or his agent, fail to Sup demand such surplus within ninety (90) days of the ** time of such sale, then such surplus shall be paid into the County Treasury, subject to the order of the owner; and if the owner do not demand such money of the County Treasurer within one (1) year, then the same shall be forfeited, and paid to the General School Fund of the county.

SEC. 4. After the,storage of goods, merchandise, or property, as herein provided, the responsibility of the carrier shall cease, nor shall the person with whom the same may be stored be liable for any loss, or damage, on account thereof, unless the same shall result from his negligence, or want of proper care.

advares 6

SEC. 5. When any commission merchant or ware-Conec eg houseman, shall receive on consignment, or on stor-s age, produce, merchandise, or other property, and shall make advances thereon, either to the owner, or for freight and charges, and no time be agreed upon for the repayment of the same, it shall be lawful for the person who makes such advances, if the

Parishable

same be not paid to him within ninety (90) days from the date of such advances, to cause the produce merchandise, or property on which the advances were made, to be advertised and sold as provided in the second section of this act; and if a time for the repayment of such charges be agreed upon, then such notice of sale may be made immediately upon default in such payment.

SEC. 6. In case the goods, merchandise, or other a. property, referred to in the preceding sections, shall consist of articles which will perish, or become greatly damaged by delay in disposing of the same, then it shall be lawful for such carrier, commission merchant, or warehouseman, unless the charges on such goods are paid, and they are claimed and taken away, to sell all of the same, either at auction, or private sale, for the best price that may reasonably be obtained therefor, and to dispose of the proceeds of such sale as provided in section two (2) of this act; Provided, always, That before any such sale is made, notice shall be given to the owner, or consignee, or agent of him, of the intent to so sell and dispose of such goods, merchandise, or other property, and the time and place of such sale, either by personal notice, or by letter addressed and properly mailed to him, which said notice shall be given at least twentyfour (24) hours before said sale, if the consiguee, or owner, or agent of him, so notified shall reside at the place where such goods are; but if the person to be so notified of such sale reside at a distance, then the time of such sale shall be so appointed in such notice as to allow him, in addition to the twenty-four (24) hours above mentioned, a reasonable length of time to claim such goods, or to attend such sale; and, if upon reasonable inquiry, the residence of such consignee, owner, or agent, cannot be learned, then upon the affidavit of such carrier, commission merchant, or warehouseman, or some person in his or

their behalf, to be filed and preserved by the carrier, commission merchant, or warehouseman, and by them to be produced and exhibited to any person claiming an interest in the goods sold, or to be sold, as aforesaid, such goods, merchandise, and other property, may be sold as aforesaid without notice. SEC. 7. This act shall take effect and be in force from and after its passage.

Approved February 13th, 1874.

AN ACT

Concerning the University of Colorado.

Be it enacted by the Council and House of Representatives of Colorado Territory, That the sum of fifteen thousand dollars (15,000) be, and the same is hereby, appropriated to aid in erecting buildings and making such other improvements on the grounds now belonging to said institution near Boulder, in the County of Boulder, in said Territory, as the Trustees thereof may deem necessary.

priations J

SEC. 2. When the Board of Trustees of said Uni- when approversity shall have raised by subscription, donation, be drawi or otherwise, the sum of ten thousand dollars ($10,000), in cash paid in to the Treasurer of said Board, then the Auditor shall draw a warrant upon the Treasurer of this Territory in favor of the Treasurer of said Board of Trustees, for the sum of ten thousand dollars ($10,000), and when said Board of Trus tees shall have raised an additional sum of five thousand dollars ($5,000), in the manner above prescribed, then said Auditor shall draw a warrant upon the Treasurer of this Territory in favor of said Treasurer of said Board of Trustees, for the additional sum of five thousand dollars ($5,000).

SEC. 3. The affidavit of the President of said Board of Trustees that subscriptions have been made as