Leasing of school annum, payable in advance, on the appraised value of the

and university

lands,

Sale of lands for location of colo

same, and shall require of the lessee such a bond as shall secure the state from loss or waste, and in no case shall the lessee be allowed to cut or waste more timber than shall be necessary for the improvement on the land or for fuel for the use of the family of the lessee.

2196. SEC. 22. The state board of land commissioners nies or construc. may sell in parcels of not more than five thousand acres, at tion of ditches. public sale, at not less than its appraised value, any of the

Sale of school lands.

Appraisement

how to be made;

appraisers.

lands granted to the state for public improvements under the act approved September 4, 1841, conditioned upon the location of colonies thereon, or the construction of extensive lines of ditches covering such lands; provided, that not more than one-half of any one section of land shall be sold, and in alternate half sections; and provided further, that every alternate one-half section unsold shall not be sold for three years thereafter.

2197. SEC. 23. All lands granted by congress of the United States for school purposes, known as sections sixteen and thirty-six, together with all such as has been granted and shall be selected in lieu of said sections, may be sold as hereinafter provided.

2198. SEC. 24. Whenever ten householders of any orof school lands; ganized school district in which the land is situated shall compensation of petition the state board to expose to sale any portion or portions of said lands, describing the same, the state board shall direct the county commissioners of the county in which such land is situated, to cause the same to be appraised by three disinterested householders, each legal subdivision of land being appraised separately at its real value, and return their appraisement in writing, signed by them, to the clerk of the county; and in case any parcel of the said lands shall have been improved, the said appraisers shall, in addition to the appraisement of the land, return and file with the said clerk a separate appraisement of the improvements upon the land. The appraisers shall receive four dollars per day for the time actually employed in such appraisement, to be paid by warrant of the auditor of state on the state treasury.

2199. SEC. 25. The county clerk shall immediately

recording of

school lands to sition of pro

file the said apportionment and appraisement of said appras- Filing and ers in his office, and record the same in a book kept for appraisement. that purpose, and transmit a certified copy of the same to the state board of land commissioners. All school lands known as sections sixteen and thirty-six shall be exposed In what manner to sale to the highest bidder, at the county seat in the be sold; dispocounty where such lands are situated. The board of land ceeds. commissioners shall direct the county school superintendent to sell such lands, and give notice of such sale as provided in this act. All moneys arising from the sale of such school lands by the county superintendent shall be paid to the county treasurer, and by him immediately transmitted to the state treasurer, who shall invest the same as provided in section three, article one, of this act; and the payments for school lands shall be the same as provided in the sale of other state lands.

2200. SEC. 26. It shall be unlawful for the state board Purchase or of land commissioners, county commissioners, county super-lands by persons leasing of state intendent, or any persons appraising lands, or any person state prohibited. in employ of or persons in the employ of the state for the selection, appraisal, sale or leasing of the state or school lands, to purchase or lease directly or indirectly any portions of the lands of this state.

Sales of school

within or adja

town.

2201. SEC. 27. School lands known as sections sixteen and thirty-six, or any part thereof, situated within or adja- lands situated cent to any organized city or town, or any addition to a cent to city or city or town, may be surveyed and laid off in blocks and lots, streets, alleys, avenues, highways, or public squares, to conform to the legal subdivisions of such city or town, and the state board of land commissioners shall cause correct maps and plats of such lands to be made and recorded; when so surveyed and platted, and not otherwise, the said board may, in its discretion, sell the same at public auction to the highest bidder; provided, that each block or lots as numbered and platted upon said maps shall be sold separately, and not until they shall have been appraised and notice of such sale given in the same manner as prescribed in sections twenty-four, twenty-five and twenty-six of article four of this act. Such sales shall be made upon the same

Report of county

of schools to state board of land commis

dition of school

lands.

terms as provided in this act for the sale of other school lands.

2202. SEC. 28. It shall be the duty of the county supersuperintendents intendent of schools in each county of the state to report to the state board of land commissioners, on or before the sioners of con first day of July, A. D. 1877, the condition of the school lands located in their several counties, showing the amount thereof, whether any part of the same is occupied and by whom, whereupon it shall be the duty of the state board to ascertain the amount of such lands occupied and rightfully held under any law of the United States by occupants thereof, and to make a location of other lands equivalent thereto for the support of the public schools.

Selection of salt

adjacent thereto;

employés and payment of nec

2203. SEC. 29. In the selection of the twelve salt springs and lands springs and the six sections of land adjacent thereto, of granted to the state by the eleventh section of an act of essary expenses. Congress, approved March 3, 1875, the governor shall have authority to employ such assistance as may be necessary in the selection and location of said lands; provided, that the persons so employed shall not receive for their services. a higher rate of compensation than is allowed persons employed in the selection of other state lands. The gov ernor shall be allowed his actual traveling and other necessary expenses while engaged in the selection and location of the salt springs and lands adjacent thereto.

Granting right of

way over or upon lands purchased by or donated to the

state.

2204. SEC. 30. In any case where land has heretofore or may hereafter be purchased by or donated to the state, or may have been purchased by or donated to the territory of Colorado, and the state remains the owner thereof, either for the erection of public buildings or for any other purpose, and it is deemed expedient to grant the right of way over or upon such lands, the governor and secretary of state shall be, and hereby are, authorized to execute and sign on behalf of the state a proper deed or other instrument of writing therefor, and should the owner or owners of land adjoining any such land, desire to lay out and subdivide any such lands so adjoining any of the land belonging to the state, into an addition to any city or town, the said governor and secretary of state may, and they are hereby authorized, to execute and acknowledge the proper

acquittance, or join in a plat of such addition, for the purpose of granting the right of way over and upon such lands, and the same shall be considered as a full and clear right of way over such land to all intents and purposes, the same as though the same was executed by any individual owner; provided, however, that this section shall not be deemed to grant authority to convey any such land except for the purposes above set forth, other than as provided in this act.

2205. SEC. 31. Inasmuch as it will soon be time to commence the work of the location of the public lands, and no provision has heretofore been made for the same, therefore, it is the opinion of this general assembly that an emergency exists, and that this act shall take effect without delay.

.Approved, March 17, 1877.

Emergency.

CHAPTER LXXXIV.

PUBLIC LIBRARIES.

AN ACT CONCERNING LIBRARIES.

[Session Laws, 1872.]

ties to establish

2206. SECTION I. The clear proceeds of all fines for Application of any breach of any penal ordinance of any city in this state, fines and penaland for penalties or upon any recognizance in criminal ment and support of public proceedings, may be exclusively applied to the establish- libraries. ment and support of public libraries as hereinafter provided. 2207. SEC. 2. Any city in this state may establish a Establishment of public library under the provisions of this act, whenever libraries by city the common council of such city shall by ordinance determine to establish the same.

ordinance.

library com

2208. SEC. 3. Whenever the common council of any Appointment of city in this state shall pass an ordinance to establish such mittee. public library, it shall be the duty of the mayor of such city to appoint three competent persons who shall constitute a library committee for the term of one year from the date of their appointment, and until their successors are duly appointed and qualified; and such appointment shall be confirmed by the common council of such city.

Duties of library committee.

Bond to be given

library com

mittee.

2209. SEC. 4. It shall be the duty of such library committee to collect from the proper officers, all moneys hereinbefore provided to be appropriated for such library purposes, and to expend the same in such manner as they may deem most expedient for establishing and maintaining such library; to make all rules and regulations respecting the same; to appoint a librarian, who shall hold his office at the pleasure of the committee, and to fix the salary he shall receive, subject to the approval of the common council of such city; to have the general management and control of the library and funds appropriated for such library purposes, and it shall be the duty of such committee to make an annual report of their acts to the common council of such city, giving a detailed statement of all moneys received, with the sources from which they were derived. Also a detailed account of all moneys expended by them, and the purposes for which they were expended.

2210. SEC. 5

Each member of such library committee

by members of shall perform his duties without compensation, and shal!, before entering upon his duties, give a bond to be approved by the mayor of such city, in the sum of five hundred dollars, conditioned for the faithful performance of his duties.

Power of committee to sue and be sued.

Any part of fund

may be applied to aid of library associations. (Amendment 1876.)

2211. SEC. 6. Such committee and their successors shall have power to sue and be sued, in the name of the library committee of the city in which they are appointed, in all matters relating to such library or library fund..

2212. SEC. 7. That the common council or board of trustees of any city or town in this state, are hereby authorized, if they shall see fit, to apply any part of the fund referred to in section one, in aid of any library association organized for the benefit of the public, heretofore or hereafter established; provided, such library association will give to the common council or board of trustees such representation upon its board of management as may be required.