tary is hereby made the custodian of the seal of the state and responsible for its safe keeping. Secretary to 2425. SEC. 4. The secretary of state is hereby authorized and required to procure, for the use of the state, a seal procure seal. as described in section one of this act, and the auditor is hereby authorized to audit the bill for the same and draw his warrant on the treasurer for the amount of said audited bill. 2426. SEC. 5. That chapter seventy-eight of the revised statutes of Colorado is hereby repealed. Approved, March 15, 1877. Repeal. CHAPTER XCI. SCHOOL OF MINES. AN ACT TO PROVIDE FOR THE INCORPORATION, MAINTENANCE, Incorporation, privileges. Be it enacted by the General Assembly of the State of Colorado: 2427. SECTION 1. The state school of mines, located at Golden, in the county of Jefferson, is hereby declared to rights and be a body corporate under the name of "School of Mines,' and by that name may sue and be sued; may take and hold real and personal property by gift, bequest, devise or purchase for the state, and may sell and dispose of the same when authorized so to do by law. Number of trustees and term 2428. SEC. 2. There shall be a board of trustees of, said school of mines, to be composed of five persons, who of office. shall, except as hereinafter provided, hold their office for a period of four years and until their successors are appointed and qualified. Any three of said board of trustees shall constitute a quorum for the transaction of business, and the said board shall have such powers and perform such duties as are hereinafter specified. First board of 2429 SEC. 3. The first board of trustees shall be composed of the following persons, who are hereby ap- trustees despointed for such purpose, to wit: William A. H. Loveland, Francis E. Everett, James T. Smith, Alpheus Wright and N. P. Hill, the first three of whom shall hold their office Oath of trustees. Powers and duties of board of trustees. Object of the until the first day of February, A. D. 1881, and the other two until the first day of February, A. D. 1879. 2430. SEC. 4. Every trustee hereafter appointed, shall, before entering upon the duties of his office, take an oath to support the constitution of the United States and the constitution of the state of Colorado, and to faithfully perform the duties of his said office of trustee to the best of his ability and understanding. 2431. SEC. 5. The said board of trustees shall have the control and management of the said school of mines, and of the property belonging thereto, subject to the laws of this state, and may make all needful by-laws and regulations for the government of said board, and for the management and government of said school of mines, not inconsistent with the laws of this state. 2432. SEC. 6. It shall be the object of such school of school of mines. mines to furnish facilities for the education of such persons as may desire to receive special instruction in chemistry, metallurgy, mineralogy, geology, mining, mining engineering, mathematics, mechanics and drawing. Procuring of additions to buildings. 2433. SEC. 7. The said board of trustees are hereby machinery and authorized to procure such machinery and other appliances, and to make such necessary additions to the school of mines building as may be necessary to carry out the object and intention of such institution, and to promote the welfare thereof, whenever the funds provided for the support of said school of mines will warrant the same. Who may re at school of mines. 2434. SEC. 8. The said school of mines shall be open ceive instruction and free for instruction to all bona fide residents of this state, without regard to sex or color, and with the consent of said board, students from other states or territories may receive education thereat upon such terms and at such rates of tuition as the board may prescribe. Officers of board of trustees; meetings, 2435. SEC. 9. The said board shall, at their first meeting, and biennially thereafter, elect one of their number president of said board, and shall also appoint a secretary and treasurer, either from their own number or other suitable persons, as they may deem best, and prescribe their duties, and may at any time in their discretion remove such secretary or treasurer. And the trustees hereby appointed shall hold their first meeting as soon as practicable after this act shall take effect. All meetings of said board shall be held at the town of Golden, in the county of Jefferson, in this state. Vacancies in be filled. 2436. SEC. 10. The governor of this state, with the advice and consent of the senate, shall, at each regualar session board: how to of the general assembly to be held after the year 1877, by appointment, fill all vacancies in said board of trustees, occuring either by expiration of their term of office or otherwise; and any vacancy occuring in such board when the general assembly is not in session may be temporarily filled by the governor until the next meeting of the general assembly. Annual report of board. 2437. SEC. II. The president of said board shall be known as president of the school of mines, and shall an- of president nually, on or before the tenth day of December in each year, make a report to the governor of this state of the prosperity and condition of said school of mines, containing such statistical and other information pertaining thereto as he may deem necessary and useful, and also a detailed statement of the receipts and expenses of such institution. 2438. SEC. 12. There shall be assessed and levied upon all taxable property, both real and personal, in this state, in tion of tax for each year, the following tax, for the support of said school of mines. of mines, to-wit: one-tenth (1-10) of one mill on each dollar of the yearly assessed value of such property, to be known as the school of mines tax, which shall be payable only in money, and shall be assessed, levied and collected in the same manner and at the same time as is now or may be prescribed by law for the assessment and collection of state revenue. Levy and collec support of school To be kept as mines fund. 2:39. SEC. 13. It shall be the duty of the county treasurer of each county to keep the said fund separate the school of from all other funds collected by him, and to transmit the amount thereof in his hands monthly to the state treasurer, who shall keep the same as a separate fund, to be known as the school of mines fund. 2440. SEC. 14. The state auditor shall, from time to time, draw his warrants upon said fund, in favor of the treasurer of the school of mines, upon the presentation to ditures; how to be paid. Monthly expen-him by such treasurer of the order of the president of the school of mines, countersigned by the secretary thereof, and in such sum or sums as may be necessary to defray the monthly expenditures of said institution specified in such order or orders, and the said warrants shall be paid by the state treasurer out of such fund. Bond of treasurer; conditions of. Unexpended of 1876. Fees for assays and analyses; 2441. SEC. 15. The said board of trustees shall require the treasurer of the school of mines to give such bond as they may deem sufficient to protect said institution against loss of any funds which may come into his hands as such treasurer, conditioned for the safe keeping and faithful disbursement thereof; and the said treasurer of the school of mines shall not pay out any of the funds which shall come into his hands as such treasurer, except upon the order of the president of the school of mines, countersigned by the secretary thereof. 2442. SEC. 16. The unexpended balance of the approappropriation priation made to the school of mines by the legislature of Colorado, in the year 1876, shall constitute a part of the school of mines fund, and shall be used for the support of said school of mines, for the year ending December 31, 18772443. SEC. 17. It shall be lawful for the professor or disposition of principal of the said school of mines, who shall be appointed by the said board of trustees, to charge and collect such reasonable fees for any and all assays and analyses made by him as the said board may prescribe, an account of which shall be kept by said principal, and paid over monthly to the treasurer of said school of mines, which shall become a part of the school of mines fund. Vesting of title to property of in board of trustees. 2444. SEC. 18. As soon as practicable after the first school of mines board of trustees herein provided for shall be organized, all property, both real and personal, belonging to such school of mines, shall be transferred and vested in the trustees herein provided for and their successors in office, in trust for the use and benefit of the state of Colorado. Disposition of fund. 2445. SEC. 19. The school of mines fund shall be used school of mines solely for the support of the school of mines and for no other purpose whatever, notwithstanding any provision in the act to establish the office of commissioner of mines, 2446. SEC. 20. This act shall not take effect unless the Vesting of title school of mines tees within necessary to the this act. fee simple title to the real estate now occupied and controlled by the said school of mines, shall, within eighty days from of real estate of the passage of this act, be vested in the trustees of the in board of trus school of mines, free of any condition of defeasance what- eighty days soever. When the said title shall be so vested, it shall be taking effect of the duty of the attorney general to certify such fact in writing to the state auditor, and the state auditor shall notify the county clerks of the several counties of this state of the same, in order that [the] tax herein provided may be properly levied and assessed. Approved, April 7, 1877. CHAPTER XCII. SCHOOLS. AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF FREE SCHOOLS. constituted. Be it enacted by the General Assembly of the State of Colorado: 2447. SECTION I. The superintendent of public instruc- State board, how tion, the secretary of state and attorney general, shall constitute a state board of education, of which the superindent of public instruction shall be president. Meetings and 2448. SEC. 2. The state board of education shall meet at the state capitol on the last Saturday in December, in powers. each year, and at such other times and places, as may by them be deemed necessary, and shall have power to adopt any rules and regulations not inconsistent with law, for its own goverment, and for the government of the public schools. to whom issued; 2449. SEC. 3. The board is authorized and empowered State diplomas to issue state diplomas to such professional teachers as may use of. be found upon examination, or by diplomas from other states requiring similar qualifications, to possess the requisite scholarship and culture, and who may also exhibit satisfactory evidence of an unexceptional moral character, and of eminent professional experience and ability, and who have taught for two years in the state. All such diplomas shall be countersigned by the state superintendent of public instruction, and shall supercede the necessity |