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CHAP. LX.—LIMITATIONS. AN ACT limiting the time for bringing actions respecting real estate. (Sess. Laws, 1874, p. 177; Gen. Laws, p. 600; Rev. Stats., Chap. LV.)
SECTION 1. That every person in the peaceable and undisputed possession of lands or tenements, including mining-claims, under claim and color of title, made in good faith, including pre-emptions made in accordance with the laws of the state of Colorado or any mining district wherein such property may be situate, who shall, for five successive years hereafter, continue in such possession, and shall also, during said time, pay all taxes legally assessed on such lands, tenements, or mining-claims, shall be held and adjudged to be the legal owners of said lands, tenements, or mining claims to the extent and according to the purport of his or her proper title or pre-emption. All persons holding under such possession by purchase, devise, or descent, before said five years shall have expired, and who shall continue such possession and continue to pay the taxes as aforesaid, so as to complete the possession of and payment of taxes for the term aforesaid, shall be entitled to the benefit of this section. SEC. 2. Whenever a person having color of title, either by pre-emption or otherwise, as aforesaid, made in good faith, to vacant and unoccupied land or mining-claims, shall pay all taxes legally assessed thereon, or for improvements situate thereon, for five successive years, he or she shall be deemed and adjudged to be the legal owner of said vacant and unoccupied lands or mining-claims to the extent and according to the purport of his or her proper title or pre-emption. All persons holding under such tax-payer, by purchase, devise, or descent, before said five years shall have expired, and who shall continue to pay the taxes as aforesaid, so as to complete the payment of the taxes for the term aforesaid, shall be entitled to the benefit of this section: Provided, howerer, That if any person having a better paper-title or pre-emption to said vacant and unoccupied lands or mining-claims shall, during the said term of five years, pay the taxes assessed on said lands or mining-claims, or improvements thereon, for any one or more years of the said term of five years, then, in that case, such tax-payer, his heirs, and assigns shall not be entitled to the benefit of this section. SEo. 3. The two preceding sections shall not apply to lands or tenements owned by the United States, except as to the possessory rights of parties claiming to hold such lands or mining-claims under and in accordance with the laws of the United States, the laws of this state, and the mining laws, regulations, and customs of the several mining districts wherein such land or mining-claims may be situate, nor to land held for the use of any school or seminary or for the use of any religious society, nor to lands held for any public purpose; nor shall they extend to any lands, tenements, or mining-claims when there shall be color of title, by purchase or pre-emption, in another to such lands, tenements, or mining-claims and the holder of such title is under the age of twenty-one years, insane, or imprisoued: Provided, Such person shall commence an action to recover such lands or mining-claims so claimed as aforesaid within one year after such disability shall cease to exist, and shall prosecute such action to judgment; and in case of vacant and unoccupied land, shall also within one year pay to the person or persons who paid the same, or to the treasurer of the county wherein the land is situate, for the use of such person or persons, all the taxes paid by such person or persons on said land or improvements, with interest thereon from the date of such payments at the rate of twenty-five per cent. per annum. Nor shall said section extend to or apply to any mining claims the title of which may be derived from pre-emption under and by virtue of the provisions of the law of the United States approved May 10, 1872, in reference to the forfeiture of mining-claims by failure to improve the Saine. SEC. 4. In all cases at law or in equity brought to recover the possession of any lands, tenements, or miningclaims, except in actions of ejectment, the party defendant may plead such possession, payment of taxes, as aforesaid, in bar of such action, and on failure to plead such possession and payment of taxes, the right of the said defendant to avail himself of the benefit of said statute shall be deemed waived by the said defendant.
CODE OF CIVIL PROCED URE, 1877. AN ACT providing a system of procedure in civil actions in the courts of justice of the state of Colorado. (Approved March 17, 1877, p. 48.) CIIAP. WL-ATTACHMENTS.
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SECTION 119. In all suits hereafter brought in this state to recover damages for trespass on any lode or mining property, the party bringing such suit, or his agent or attorney, may make an affidavit setting forth that the defendant or defendants in such suit, having committed a trespass or trespasses upon any lode or mining property owned or possessed by the plaintiff or plaintiffs in such suit, describing such lode or mining property, and that such plaintiff or plaintiffs have sustained substantial damage, and that he, she, or they believe that such plaintiff or plaintiffs will recover, and ought to recover, any specified sum exceeding twenty dollars, stating the amount that he, she, or they expect will and ought to be recovered, a writ of attachment shall issue against the goods, chattels, and real estate of such defendant or defendants, returnable as in other cases of attachment prescribed in this chapter, and the plaintiff or plaintiffs in such writ of attachment may cause such writ of
attachment to be levied on the ore or quartz taken from such lode or mining property by the defendant. * + * - * o + *
CHAP. XLL-INSPECTION OF DOCUMENTs, AND MISGELLANEOUS PROVISIONS As To RECoRDs, writings, ETC.
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SECTION 386. In actions respecting mining-claims, proof shall be admitted of the customs, usages, and regulations established and in force in the mining districts embracing such claim; and such customs, usages, and regulations, when not in conflict with the laws of this state or of the United States, shall govern the decision of the action.
SEC. 387. Whenever any person, company, or corporation shall have any right to, or interest in, any mine, lead, lode, or mining-claim which is in the possession of another person, company, or corporation, and for which a cause is pending in a court of record bringing into question the right or title to the same, and it shall be necessary for the ascertainment, enforcement, or protection of such right or interest that an inspection, examination, or survey of such mine, lead, lode, or mining-claim should be had or made, or whenever an inspection, examination, or survey of any mine, lead, lode or mining-claim shall be necessary to ascertain, protect, or enforce the right or interest of any person, company, or corporation in another mine, lead, lode, or mining-claim, and the person, company, or corporation in possession of such mine, lead, lode, or mining-claim of which an inspection, examination, or survey is necessary shall refuse, after three days' demand thereof in writing, to allow or permit such inspection, examination, or survey to be had or made, the party, company, or corporation desiring an inspection, examination, or survey of such mine, lead, lode, or mining-claim may present to the district court, or the judge thereof, of the county wherein the mine, lead, lode, or mining-claim of which an inspection, examination, or survey is desired is situated, a petition, under oath, setting out his or their right to, or interestin, such mine, lead, lode or mining-claim, describing it, the possession thereof, or of another mine, lead, lode, or mining-claim of which an inspection, examination, or survey is necessary by another company or corporation, the reason why it is necessary that such . inspection, examination, or survey should be had or made, the demand madé on the person, company, or corporation in possession to allow or permit such inspection, examination, or survey, and his or their refusal to allow or permit the same, and asking an order for the inspection, examination, or survey of such mine, lead, lode, or mining-claim, the court or judge may thereupon appoint a time and place for hearing such petition, and shall order notice thereof to be served on the adverse party, company, or corporation, which notice shall be served at least three days before the day of hearing. At the time and place appointed the court or judge shall proceed to hear the petition. Either party may read affidavits on the hearing in the same manner and subject to the same rules as on application to dissolve an injunction. If the court or judge be satisfied that the facts stated in the petition are true, an order shall be made for an inspection, examination, or survey of the mine, lead, lode, or mining-claim in question, in such manner, at such time, and by such persons as are mentioned in the order. Such persons shall thereupon have free access to such mine, lead, lode, or mining-claim for the purpose of such inspection, examination, or survey, in conformity with the order of the court or judge, and any interference with such persons while acting under such order shall be a contempt of court, and punished accordingly: Provided, That only three witnesses beside the surveyor shall be admitted on the part of the petitioner, and the costs of the proceeding shall abide the result of the suit.
BESSION LAWS, 1879.
Bo it enacted by the general asssembly of the state of Colorado. SECTION 1. The discoverer of a placer-claim shall, within thirty days from the date of discovery, record his claim in the office of the recorder of the county in which said claim is situated, by a location certificate, which shall contain: First, the name of the claim, designating it as a placer-claim; second, the name of the locator; third, the date of location; fourth, the number of acres or feet claimed; and, fifth, a description of the claim by such reference to natural objects or permanent monuments as shall identify the claim. Before filing such location certificate the discoverer shall locate his claim: First, by posting upon such claim a plain sign or notice containing the name of the claim, the name of the locator, the date of discovery, and the number of acres or feet claimed; second, by marking the surface-boundaries with substantial posts, and sunk into the ground, to wit: one at each angle of the claim.
SEC. 2. On each placer-claim of one hundred and sixty acres or more, heretofore or hereafter located, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made by the first day of August, 1879, and by the first day of August of each year thereafter. On all placer-claims containing less than one hundred and sixty acres the expenditure during each year shall be such proportion of one hundred dollars as the number of acres bears to one hundred and sixty. On all placer-claims containing less than twenty acres, the expenditure during each year shall not be less than twelve dollars; but when two or more claims lie contiguous and are owned by the same person, the expenditure hereby required for each claim may be made on any one claim; and upon a failure to comply with these conditions, the claim or claims upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made: Provided, That the original locators, their heirs, assigns, or legal representatives have not resumed work
upon the claim after failure and before such location: Provided, The aforesaid expenditures may be made in building or repairing ditches to conduct water upon such ground, or in making other mining improvements necessary for the working of such claim. Upon the failure of any one of several co-owners to contribute his proportion of the expenditures required hereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, to wit, the first of August, 1879, for the locations heretofore made, and one year from the date of locations hereafter made, give such delinquent co-owner personal notice in writing, or, if he be a non-resident of the state, a notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and mailing him a copy of such newspaper, if his address be known, and if at the expiration of ninety days after such notice in writing, or after the first publication of such notice, such delinquent should fail or refuse to contribute his proportion of the expenditure required by this action, his interest in the claim shall become the property of his co-owners who have made the required expenditures.
NotE.-The foregoing act was filed in the office of the secretary of state by the governor March 12, 1879, without his signature, and became a law under section eleven of article four of the constitution of the state of Colorado.
AN ACT to amend chapter nineteen (19) of the general laws of the state of Colorado, entitled “Corporations”. (Approved February 8, 1879, p. 38.)
SECTION 1. That section twelve (12) of chapter nineteen (19) of the general laws of the state of Colorado, entitled “Corporations”, be, and the same is hereby, amended by striking out the words “within sixty days” and “within the said sixty days” where they occur therein, so that the said section, as amended, shall read: The president and a majority of the directors or trustees, after the payment of the last installment of the capital stock so fixed and limited by the company, shall make a certificate stating the amount of the capital so fixed and paid in, which certificate shall be signed and sworn to by the president and a majority of the directors or trustees, and they shall record the same in the office of the secretary of state, and a copy in the office of the recorder of deeds of the county wherein the business of said company is carried on.
NotE.—Sections 2 and 3 refer to savings-banks and religious corporations.
SEC. 4. Whenever the shareholders of any corporation, representing one-third or more of the stock thereof, shall request the trustees, president, or secretary thereof to call a special meeting of the stockholders for any purpose designated in such request (other than the purposes named in sections one hundred and twenty-two and one hundred and twenty-five of the chapter to which this is amendatory), it shall be the duty of such trustees, president, or secretary at once to call such special meeting, by delivering personally, or depositing in the post-office, a notice, properly addressed to each stockholder, signed by the president or secretary, stating the object and place of such meeting, as well as the time, which shall not be less than thirty nor more than forty days from the date of such notice, unless a longer time be expressed in the stockholders' request. If at any such special meeting the vote of a majority of all the stock lawfully issued shall be cast in favor of the proposition or measure designated in such request and notice, such proposition or measure shall thereby be adopted, and be binding on such corporation or company. The vote at every such meeting shall be by ballot, and each stockholder shall be entitled to as many votes as he owns shares of stock in said corporation.
AN ACT to provide a revenue for the support of the school of mines at Golden, and to repeal section twelve of chapter ninety-one of the general laws. (Approved February 8, 1879, p. 158.)
SECTION 1. That for the years 1879 and 1880 there shall be assessed and levied upon all taxable property, both real and personal, in this state, in each of said years, the following tax for the support of the school of mines, located at Golden, to wit: One-fifth (1-5) 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 in each year as is now or may hereafter be prescribed for the assessment and collection of state revenue.
SEC. 2. The money raised by said tax shall be used for no other purpose than those purposes specified in said chapter ninety-one of the general laws, and shall be paid out by the state treasurer in the manner provided by section fourteen of chapter ninety-one of the general laws.
SEC. 3. Section twelve of chapter ninety-one of the general laws of this state is hereby repealed.
SESSION LAWS, 1881.
Note.—This act was filed in the office of the secretary of state by the governor March 15, 1881, without his signature, and became a law under and by virtue of the provisions of section eleven of article four of the constitution of the state of Colorado.
SECTION 1. That chapter fifteen (XV) of the general laws of the state of Colorado be, and the same is hereby, repeaked.
SEC. 2. In the opinion of the general assembly an emergency exists; therefore this act shall take effect from and after its passage.
Note.—Chap. XV, hereby repealed, is “An act to establish the office of commissioner of mines”, etc. (Gen. Laws, p. 126.)
AN ACT to permit domestic corporations doing business in other states to accept the laws of other states and territories. (Approved February 9, 1881, p. 67.)
SECTION 1. It shall and may be lawful for any corporation created or existing under the laws of this state for the purpose, among others, of exercising its franchises or carrying on part of its business beyond the limits of this state, and in another state or territory of the United States or elsewhere, to accept any law of such other state or territory of the United States, or foreign state and government, and to exercise within the territory of such other state or territory, or foreign state and government, all such authorities, powers, privileges, rights, and franchises as may be by such laws conferred, subject to such duties, liabilities, and restrictions as may by such laws be imposed.
w AN ACT to secure liens to mechanics and others, and to repeal all other acts in relation thereto. (Approved February 12, 1881, p. 168.)
SECTION 1. All persons performing work or labor, or furnishing materials by contract, express or implied, with another or his agent, to the amount of not less than twenty-five dollars, on or for any structure upon the land of that other, or in or to which that other has an interest, tenancy, or claim of any sort whatever, shall have a lien upon such land and structure to the extent of such ownership, interest, claim, or tenancy at the time of the commencement of such work or labor, or furnishing such materials, and a lien on such structure where the other has no ownership, interest, tenancy, or claim of, in, or to such land, on complying with the terms of this act. SEC. 2. Claimants of such lien shall file in the office of the clerk and recorder of the county wherein said land is situate, within forty days after the last of the labor is performed or materials furnished, a notice of claim substantially like the following: [Place and date.] To A. B. —— : You are indebted to me in the sum of dollars for work and labor done (or materials furnished, as the case may be) by me, under a contract with you (or your agent), on the structure recently built (or repaired) by you, on lots —, in block —, in this city (or town), for which sum I claim a lien on said lots and structure. - C. D.
And said statement shall be sworn to by the party making the same before a competent officer, and said oath certified substantially in following form:
STATE of Color ADO, —— County, ss : C. D., being this day duly sworn by me deposed and said that the sum of money mentioned in foregoing statement is justly due him from said A. B. [Date.] - - E. F., Notary Public. [seAL.]
SEC. 3. It shall be the duty of the county clerk and recorder to record such statement in a separate book provided for that purpose, and from the time of such filing the amount so stated shall become a lien on said land or structure, or both, to the extent of the ownership, interest, claim, or tenancy as aforesaid of the debtor, subject, nevertheless, to adjudication as hereinafter set forth.
Note.—By section 4 subcontractors and others are to have liens and service of statement on owner or agent provided for. Section" 5 provides notice as in section 2. Section 6 refers to building-lots.
SEc. 7. The provisions of this act shall also apply to contractors, subcontractors, mechanics, miners, laborters, and material-men performing work or labor or furnishing materials to the amount of not less than twenty-five dollars for the construction or repair of any railroad, tramway, toll-road, canal, water ditch, flume, aqueduct, or reservoir, or in or upon any mine, lode, or deposit yield (yielding] metals or mineral of any kind, or which is being worked in search of such metals or minerals, or upon any shaft, tunnel, adit, drift, or other excavation designed or used for the purpose of draining or working any such mine, lode, or deposit, and all such persons shall respectively have alien, whether as contractors, subcontractors, mechanics, miners, laborers, or material-men, upon such railroad, tramway, toll roads, canals, water ditch, flume, aqueduct, or reservoir, and all the franchises, charter privileges, priority of rights of water, and rights of way that may in anywise pertain to any such railroads, tramways, toll-roads, canals, water ditches, flumes, aqueducts, or reservoirs, and upon such mines, lodes, or deposits, and they shall claim and enforce the said liens in like manner as is herein provided as to liens claimed by the same class of persons in other cases: Provided, That when two or more such lodes or deposits, owned or claimed by the same person or persons, shall be worked through a common shaft, tunnel, incline, adit, or drift, then all the lodes or deposits so worked shall for the purposes of this act be deemed one mine: And provided further, That this section shall not be deemed to apply to the owner or owners of any mine, lode, deposit, shaft, adit, or drift where the same shall be worked by a lessee or lessees.
Note.—The remaining sections of this act relate to notice, manner of enforcement of the lien, etc.
AN ACT to repeal section six of chapter ninety-one (91) of the general laws of Colorado concerning the “school of mines,” and to enact a section in lieu thereof, to be known as section six of said chapter. (Approved February 12, 1881, p.219.) SECTION 1. That section six of chapter ninety-one of the general laws of Colorado is hereby repealed, and the following shall stand in place thereof, and be known as section six of said chapter: “Sec. 6. The said school of mines shall have for its object to furnish such instruction as is provided for in like technical schools of a high grade, and may, by its board of trustees, confer all degrees appropriate to the courses of study pursued.”
NotE.—See act approved February 4, 1881, (Stats., p. 220.)
AN ACT to provide a fund for the support of the school of mines, located at Golden, Colorado. (Approved February 4, 1881, p. 220.)
SECTION 1. That to provide a fund for the support and maintenance of the state “school of mines”, located at Golden, there shall be assessed and levied annually upon all taxable property in this state the following tax, to wit: One-fifth (1-5) of one mill on each dollar of the yearly assessed value of such property, which shall be known as the “school of mines” tax, and shall be levied and collected at the same time and in the same manner provided by law for the assessment and collection of state taxes.
SEC. 2. The fund aforesaid shall be used for the support and maintenance of the state school of mines, located at Golden, and for no other purpose.
D A KOT A.
AN ACT to establish a political code for the territory of Dakota. (Approved February 17, 1877, p. 142.)
SECTION 1. Length of lode.—The length of any lode-claim hereafter located within this territory may equal but shall not exceed fifteen hundred feet along the vein or lode. SEC. 2. Width of lode.—The width of lode-claims shall be one hundred and fifty feet on each side of the center of the vein or crevice: Provided, That any county may, at any general election, determine upon a greater width, not exceeding three hundred feet on each side of the center of the vein or lode, by a majority of the legal votes cast at said election, and any county, by such vote at such election, may determine upon a less width than above specified: Provided, That not less than twenty-five feet on each side of the vein or lode shall be prohibited. SEC. 3. Discoverer to record his claim.—That the discoverer of a lode shall, within twenty days from the date of discovery, record his claim in the office of the register of deeds of the county in which such lode is situated, by a location certificate, which shall contain: . The name of the lode. . The name of the locator. . The date of location. . The number of feet in length claimed on each side of the discovery shaft. . The number of feet in width claimed on each side of the vein or lode. . The general course of the lode, as near as may be.
ore.—Discoverer entitled to sixty days before recording. See act February 28, 1881, Session Laws, 1881, p. 123.
SEC. 4. When certificate void.—Any location certificate of a lode-claim which shall not contain the name of the lode, the name of the locator, the date of location, the number of lineal feet claimed on each side of the discovery shaft, the number of feet in width claimed, the general course of the lode, and such description as shall identify the claim with reasonable certainty, shall be void. SEC. 5. Manner of locating claim.—Before filing such location certificate the discoverer shall locate his claim by first sinking a discovery shaft thereon sufficient to show a well-defined mineral vein or lode; second, by posting