Not to abate or issued under former statutes, nor to abridge, accrued rights or decree. repealed, and all other acts repugnant to or inconsistent with the provisions of this act, be and the same are hereby repealed. But the repeal of said statutes shall in no wise abate or affect any writ issued under any of said statutes or affect any writ any action or proceeding instituted or pending under any of the provisions of the statutes so repealed, or deny, impair etc., abridge, divest or impair any right accrued or arising while enforcement of a the same remained in force, or to divest or impair any remedy given thereby to enforce any order, judgment or decree of the court under any such statute so repealed, or to punish any person or persons for the violation of any such writ issued under or pending at the time of the repeal of said statutes, but as to all rights and titles accrued, and all acts done and completed while same remained force, in all such acts and parts of acts heretofore repealed shall be construed to be and remain in force, notwithstanding such repeal. 1365. SEC. 14. Inasmuch as there are grave doubts whether any law now exists whereby writs of injunction can be granted by any of the judges in vacation, and whereas it is necessary that such power shall be vested in them, in the opinion of the general assembly this is such a case as is contemplated in section 19 of article 5 of the constitution; therefore this act shall take effect and be in force from and after its passage. Approved, March 1, 1877. Emergency. CHAPTER XLIX. INTEREST. AN ACT CONCERNING INTEREST. Be it enacted by the General Assembly of the State of Colorado: Legal rate of 1366. SECTION I. The legal rate of interest on the forbearance or loan of any money, when there is no agree interest. ment between the parties, as specified in section three of this act, shall be at the rate of ten per centum per annum. 1367. SEC. 2. Creditors shall be allowed to receive interest, when there is no agreement as to the rate thereof, itors may receive legal rate of interest in case Upon what cred- at the rate of ten per cent. per annum for all moneys after they become due, on any bond, bill, promissory note or of no agreement. Other instrument of writing, or any judgment recovered before any court or magistrate authorized to enter up the same within this state, from the day of entering up said judg ment until satisfaction of said judgment be made; likewise on money lent, on money due on the settlement of account from the date of the last just entry that may have been made in account, on money received to the use of another and retained without the owner's knowledge, and on money withheld by an unreasonable and vexatious delay. Higher late may be stipulated in writing. Interest on county orders, and state and County warrants. 1368. SEC. 3. The parties to any bond, bill, promissory note or other instrument of writing, may stipulate therein for the payment of a greater or higher rate of interest than ten per cent. per annum, and any such stipulation contained in any such instrument of writing, may be enforced in any court of law or equity in the state. 1369. SEC. 4. County orders, state and county warrants, and other like evidences or certificates of indebtedness, shall bear interest at the rate of ten per cent. per annum from the date of the presentation thereof for payment, at the treasury where the same may be payable, until there is money in the treasury for the payment thereof, except as in special cases otherwise provided by law; and every county treasurer to whom any such order or warrant is To be indorsed presented for payment, shall indorse thereon the rate of interest said order or warrant will draw, and the date of such presentation, and subscribe such indorsement with his official signature. on order or warrant. Repeal. Emergency. 1370. SEC. 5. That chapter 44 of the revised statutes be and the same is hereby repealed. 1371. SEC. 6. Inasmuch as it believed that the state warrants now issued and to be issued within the next ninety days will be greatly enhanced in value if the provisions of a portion of this act take effect without delay, and this general assembly is of the opinion that this act should take effect without delay, therefore this act shall take effect and be in force immediately. Approved, February 2, 1877. CHAPTER L. IRRIGATION. [ Revised Statutes, Chapter XLV. ] Use of the stream, creek 1372. SECTION 1. All persons who claim, own or hold a possessory right or title to any land or parcel of land waters of within the boundary of the state of Colorado, as defined in or river. the constitution of said state, when those claims are on the bank, margin or neighborhood of any stream of water, creek or river, shall be entitled to the use of the water of said stream, creek or river for the purposes of irrigation, and making said claims available to the full extent of the soil, for agricultural purposes. Right of way lands. 1373. SEC. 2. When any person owning claims in such locality has not sufficient length of area exposed to through other said stream to obtain a sufficient fall of water to irrigate his land, or that his farm, or land used by him for agricultural purposes, is too far removed from said stream, and that he has no water facilities on those lands, he shall be entitled to a right of way through the farms or tracts of lands which, lie between him and said stream, or the farms or tracts of land which lie above and below him on said stream, for the purposes hereinbefore stated. Right of way Appointment of to apportion water in case of 1374. SEC. 3. Such right of way shall extend only to a ditch, dyke or cutting, sufficient for the purpose required. limited. 1375. SEC. 4. In case the volume of water in said stream or river shall not be sufficient to supply the contin- commissioners ual wants of the entire country through which it passes, insufficiency then the county judge of the county shall appoint three of supply. commissioners as hereinafter provided, whose duty it shall be to apportion, in a just and equitable proportion, a certain amount of said water upon certain or alternate weekly days to different localities, as they may in their judgment think best for the interest of all parties concerned, and with due regard to the legal rights of all; provided, that this section shall not apply to persons occupying land on what is known as Hardscrabble creek, a tributary of the Arkansas river, but upon said stream, the owners of the ranch known as the Hardscrabble ranch, their successors and assigns, shall. have the exclusive right to all the water in Condemnation of of way. said Hardscrabble creek, down said stream to the north line of said Hardscrabble ranch; provided, there is not any more water in said stream, at the above named line, than would be required to irrigate one hundred and sixty acres of land. 1376. SEC. 5. Upon the refusal of the owners of tracts lands for right of land or lands through which said ditch is proposed to run, to allow of its passage through their property, the person or persons desiring to open such ditch may proceed to condemn and take the right of way therefor, under the provisions of chapter thirty-one of these laws concerning eminent domain. Machinery for raising water. Embankments of ditches. Prior rights not 1377. SEC. 6. All persons on the margin, brink, neighborhood or precinct of any stream of water, shall have the right and power to place upon the bank of said stream a wheel, or other machine for the purpose of raising water to the level required for the purpose of irrigation, and the right of way shall not be refused by the owner of any tract of land upon which it is reqnired, subject of course to the like regulations, as required for ditches, and laid down in sections hereinbefore enumerated. 1378. SEC. 7. The owner or owners of any ditch for irrigation or other purposes, shall carefully maintain the embankments thereof, so that the waters of such ditch may not flood or damage the premises of others. 1379. SEC. 8. Nothing in this chapter contained shall to be impaired. be so construed as to impair the prior vested rights of any mill or ditch owner, or other person, to use the waters of any such water course. Notice to be ment of com missioners. 1380. SEC. 9. The commissioners provided for by secgiven of appoint-tion four of this chapter, shall not be appointed until at least six days' previous notice shall have been given to parties in interest, by posting notices of the time and place when and where such appointment will be made, in at least five public places within the region watered by the said Bridges across ditches. stream. 1381. SEC. 10. Any ditch company constructing a ditch, or any individual having ditches for irrigation, or for other purposes, wherever the same be taken across any public highway, or public traveled road, shall put a good substantial bridge, not less than fourteen feet in breadth, over such watercourse where it crosses said road. visors in case of struct bridge. 1382. SEC. 11. When any such ditch or watercourse Duty of supershall be constructed across any public traveled road, and failure to connot bridged within three days thereafter, it shall be the duty of the supervisor of the road district to put a bridge over said ditch or watercourse, of the dimentions specified in section ten of this chapter, and call on the owner or owners of the ditch to pay the expenses of constructing such bridge. case of refusal of to pay expense of bridge. 1383. SEC. 12. If the owner or owners of such ditch Proceedings in refuse to pay the bill of expenses so presented, the super- owners of ditch visor may go before any justice of the peace in the town- of construction ship or precinct, and make oath to the correctness of the bill, and that the owner or owners of the ditch refuse payment, and thereupon such justice of the peace shall issue a summons against such owner or owners, requiring him or them to appear and answer to the complaint of such supervisor, in an action of debt for the amount sworn to be due, such summons to be made returnable and served, and proceedings to be had thereon as in other cases; and in case judgment shall be given against such owner or owners, the justice shall assess, in addition to the amount sworn to be due as aforesaid, the sum of ten dollars, as damages arising from the delay of such owner or owners, such judgment to be collected as in other cases, and to be a fund in the hands of the supervisor of roads, for the repairs of roads in such precinct or district. AN ACT TO EXEMPT IRRIGATING DITCHES FROM TAXATION. [Session Laws, 1872.] 1384. SECTION I. That all ditches used for the purpose Exemption from of irrigation, and that only where the water is not sold for taxation. |