so certified, such mortgage shall be recorded with the same effect as hereafter provided in this act. it Where to be re Shall be valid for two erty may remain mortgagor if in possession of mortgage so provides. 126. SEC. 3. Any mortgage of personal property, so certified, shall be admitted to record by the recorder in corded. the county wherein the property mortgaged, or the greater years, and propportion thereof, shall be situated, as aforesaid, and shall thereupon, if bona fide, be good and valid from the time is so recorded, for a space of time not exceeding two years, nothwithstanding 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. 127. SEC. 4. A copy of any such mortgage, made, Certified copy acknowledged and recorded as in the act provided, certi- in evidence. fied by the recorder of any county wherein the same is recorded, may be read in evidence in any court of this state without any further proof of the execution of the original thereof, if it shall appear from the affidavit or sworn statement of any credible witness that the original is lost, or that it is not in the power of the person wishing to use the same to produce it. may be read" 128. SEC. 5. For recording and making a copy of any Fees of recorder. such mortgage, the recorder shall receive the same compensation as is or may be allowed by law for recording and making copies of deeds to real estate. Penalty for sell property to third notice. 129. SEC. 6. Any person having conveyed any article of personal property to another by mortgage, who shall, ing mortgaged during the existence of the lien or title created by such person without 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 the 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. bills of sale and 130. SEC. 7. The provisions of this act shall be deemed To extend to to extend to all such bills of sale, deeds of trust, and other deeds of trust, conveyances of personal property, as shall have the effect of a mortgage or lien upon such property. 131. SEC. 8. If any mortgagor of personal property which has been mortgaged in pursuance of this act, during encumbrance of erty by mort gagor without notice to mort gagee and pur chaser, deemed larceny. Sale, transfer, or the existence of such mortgage, shall sell, transfer, or in mortgaged prop-any way encumber such mortgaged property, or any part thereof, or cause the same to be sold, transferred or en cumbered, such sale, transfer or encumbrance, shall be deemed a larceny of such mortgaged property so sold transferred or encumbered, and the mortgagor shall be deemed guilty of such larceny, the same, to all intents and purposes, as though there had been a felonious tak ing and conversion of such property by such mortga gor, and on conviction thereof shall be punished accordingly; unless at the time of making such sale, transfer or encumbrance, such mortgagor shall fully advise and acquaint the person to whom such sale, transfer or encumbrance may be made, with the fact of the prior encumbrance and mortgage, and also first fully apprise the mortgagee of the intended sale, giving to such mortgagee the name and place of residence of the party to whom the sale, transfer or encumbrance is to be made. Transfer, concealment, or 132. SEC. 9. If any person, having conveyed any arti carrying away of cle of personal property by mortgage, shall, during the exmortgaged prop- istence of the lien or title created by such mortgage, trans erty, without written consent misdemeanor. Penalty. of mortgagee, fer, conceal, take, drive or carry away, contrary to the provisions of the mortgage, or in any way or manner dispose of said property, or any part thereof, or cause or knowingly suffer the same to be done without the written consent of the mortgagee of said property, he shall be deemed guilty of misdemeanor, and shall be liable to indictment, and on conviction thereof shall be punished by fine not less than twice the value of the property so sold or disposed of, or confined in the county jail not exceeding one year, or both at the discretion of the court, and shall stand committed until the fine and all costs of such prosecution shall be paid provided, that such commitment shall not exceed one year Disposition of The fine mentioned in this act shall be paid to the treasurer of the county in which the offense shall be committed, for the benefit of the school fund of such county. fines. Failure to record mortgage not to if party obtain 133. SEC. 10. Any person who may buy or otherwise invalidate lien, obtain any interest in any personal property which is mortgaged in pursuance of this act, but the mortgage of which has not been recorded, and with actual notice of such mort ing interest in such property has notice of mortgage. gage, shall be deemed and considered to have bought or obtained such interest in such property subject to such mortgage, the same as though such mortgage had been properly recorded. Acts repealed. 134. SEC. 11. Chapter fourteen of the revised statutes of Colorado, entitled "Chattel Mortgages," and an act entitled an act to amend said chapter, approved February 13, 1874, and all other acts or parts of acts in conflict with this act be, and the same are hereby repealed; provided, that all chattel mortgages executed before this act shall take fore created not effect in virtue of the laws hereby repealed, and all rights vested thereunder shall not in any manner be affected by the passage of this act. Approved, March 7, 1877. Rights hereto to be affected. CHAPTER XIII. CLERKS OF COURTS. AN ACT TO AUTHORIZE CLERKS OF COURTS OF RECORD TO APPOINT Be it enacted by the General Assembly of the State of Colorado: authorized to 135. SECTION 1. That every clerk of a court of record Clerks of courts shall have power, by and with the approval of the judge, appoint deputies or judges appointing such clerk, to appoint one or more persons to act as his deputy or deputies, who may perform the duties of such office, in the name of his or their principal. be under seal, and deputy to subscribe oath. 136. SEC. 2. Such appointment shall be in writing, Appointment to under the hand and official seal of the clerk and entered on the records of the court. Such deputy shall hold his office at the pleasure of his principal, and shall take and subscribe a like oath of office prescribed by law for his principal. Approved, January 13, 1877. Slack piles to be fenced. Abandoned coal filled or fenced. CHAPTER XIV. COAL MINES. AN ACT TO COMPEL OWNERS OF COAL MINES TO FENCE THEIR SLACK Be it enacted by the General Assembly of the State of Colorado: 137. SECTION I. That the owner or operators of coal mines from which fine or slack coal is taken and piled upon the surface of the ground, in such quantities as to produce spontaneous combustion, shall fence said ground in such manner as to prevent loose cattle or horses from having access to such slack piles. 138. SEC. 2. All owners of lands having abandoned pits or shafts to coal pits, or shafts on the same, of sufficient depth to endanger the life of cattle, horses, or other stock, shall fence or fill said pits or shafts in such a manner as to afford permanent protection to all such stock endangered thereby. Penalty for violation. 139. SEC. 3. Every person violating sections one (1) and two (2) of this act shall be deemed guilty of a misdemeanor and shall be fined in a sum not less than twenty (20) dollars, nor more than one hundred (100) dollars, to be collected as other fines are collected, and shall be further liable to any party injured thereby, in the amount of the actual injury sustained. Approved, February 2, 1877. Office established. CHAPTER XV. COMMISSIONER OF MINES. AN ACT TO ESTABLISH THE OFFICE OF COMMISSIONER OF MINES, Be it enacted by the General Assembly of the State of Colorado: 141. being pursuits in which all are interested, and from which all derive benefit, and reliable statistical information of values concerning mines and milling, being only accessible through the ministerial powers of the state; therefore, in accordance with the provisions of section 1, of article 16, of the constitution of the state of Colorado, the office of commissioner of mines is hereby established. commissioner office. 141. SEC. 2. There shall be appointed by the gover- Appointment of nor of the state, with the advice and consent of the senate, and term of a commissioner of mines, who shall be a person known to be competent, theoretically and practically acquainted with mining and the treatment of ores, whose term of office shall be four (4) years, unless sooner removed for good cause, and whose office shall be at the state school of mines, at Golden; provided, that when a vacancy shall exist in the foregoing office, and the senate shall not be in In case of session, the governor shall have power to appoint said commissioner of mines, who shall perform the duties and receive the compensation of such office as hereafter provided, until the next session of the general assembly, when the governor shall submit such appointment to the senate for their approval or rejection. vacancy. Commissioner 142. SEC. 3. The commissioner of mines shall have a seal bearing the words, "Commissioner of Mines of the shall have seal. State of Colorado," which shall be kept by him expressly for the use of his office, and said seal shall be affixed to official documents only. 143. SEC. 4. It shall be the duty of the commissioner of mines to collect reliable statistical information concerning the production and reduction of all precious or useful minerals in this state; to examine the different processes for the treatment of ores, used in this state, and to inquire into the merits of other processes alleged or demonstrated by practical experience elsewhere, to be the most successful; to inquire into the relative merits of the various inventions, machines, mechanical contrivances, now in use, or which may be hereafter introduced, for mining and metallurgical purposes: 144. SEC. 5. The commissioner of mines shall have power and authority, either in person, or by a duly ap Duties generally Powers. |