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terraneous communication of water into the same lode or
mine, or contiguous or separate lodes or mines.
Approved, March 16, 1877.

Subscription to stock and issue of bonds by Counties authorized.

Proceedings

tain aid from

of special election.

CHAPTER LXVII.

MISCELLANEOUS LAWS.

AN ACT TO ENABLE COUNTIES TO PROVIDE WATER FOR MINING,
MILLING, IRRIGATING, DOMESTIC AND FIRE PURPOSES.

[Session Laws, 1874.]

1839. SECTION I. It shall be lawful for the board of commissioners of any county in this state, to subscribe to the capital stock of any incorporated company organized under the laws of this state, for the purpose of constructing ditches, flumes or other works for the supply of such county with water for mining, milling, irrigating and domestic and fire purposes, such subscription to be paid by the issue of the bonds of said county, as hereinafter provided.

1840. SEC. 2.

Whenever any such incorporated comnecessary to ob- pany shall solicit the aid of such county by subscription counties; calling to its capital stock, it shall submit to the board of county commissioners a statement in writing, to be filed in the office of the county clerk of such county, setting forth the source from which water is to be obtained, and the proposed capacity of the ditch, flume or pipes by which the water is to be brought, together with the number and size of the reservoirs to be constructed, and the route, as near as practicable, over which the same is to be brought, the estimated cost of the said works when com. pleted, and the rates at which they agree to furnish water for the purposes above set forth, for the first three years after the same is in operation. Such statement shal also be accompanied with a petition of at least fifty legal voters of said county, who shall have paid taxes on property, real or personal, in said county during the year preceding that in which such petition is drawn, requesting said board to call an election in said county upon the ques

tion of the issue of the bonds of such county in aid of said company, in payment of the proposed subscription to the capital stock of said company. Upon the receipt of such statement and petition, the said hoard of county commissioners shall, thereupon, within ten days thereafter, call a special election upon such question, and enter an order on their journal therefor. Such election shall be upon notice published in some newspaper published in said county, for at least three weeks before the day named therein, upon which the vote shall be taken, or if there is no newspaper published in such county, then by putting notices at the usual place of voting in the different precincts of said county for the same period. Said notice shall contain the statement of the said company as above prescribed, together with the terms and conditions upon which such stock is to be subscribed, and the bonds issued, and any other matters necessary to a fair, impartial and intelligent expression of the will of the voters of such county upon the question submitted, which question shall be as to the subscription to the capital stock of said company, and the issuance of the bonds of said county in payment thereof. Such notice shall also state the time which such bonds shall run, the rate of interest they shall bear, and the manner in which they shall be paid.

1841. SEC. 3. If a two-thirds majority of all votes cast Manner of issuat such election shall be in favor of the subscription to ance of bonds. said stock, and the issuance of such bonds, it shall be the duty of the said board of county commissioners to subscribe said stock and issue said bonds of said county, and to exchange the same at the par value for the stock of said company, at its par value. Provided, that no bonds shall be issued bearing interest at a rate exceeding ten per cent. per annum, and provided, further, that no bonds shall be issued, due and payable until fifteen years after the date thereof, except at the option of the said board of county commissioners of such county, after five years from date thereof. 1842. SEC. 4. The board of county commissioners of any such county shall have power to levy a special tax, to be paid in cash, of not to exceed three mills on each and every dollar of property assessed and liable to taxation in

Levy of special such county, each year, for the payment of the interest

tax for payment

interest of bonds

of principal and annually on such bonds, and at the end of five years it shall be the duty of such board to levy a tax not exceeding five mills on the assessed value of the property in said county, for each and every year, for the payment of the interest and principal of said bonds, and all moneys applicable to the payment of the principal of said bonds shall be applied to the payment thereof by the said board at the end of the fiscal year of such county. Provided, that the amount so levied each year shall be an amount sufficient at such rates to pay the amount of said bonds at maturity.

Discrimination

1843. SEC. 5. No incorporated company to whose in water rate: stock any county has subscribed, shall make any discriminating rates against or in favor of any person or corporation, or charge one person or corporation more for a given amount of water for a given purpose, than another, except that in cases where a small quantity of water only is required, it shall be lawful for the company to make such charges as may be just and reasonable, without regard to the rates fixed for other purposes and in larger amounts.

Exchange of stock for bonds.

Limitation of

issued.

1844. SEC. 6., It shall be lawful, at any time after three years from the date of any bonds issued under the provisions of this act, for the board of county commissioners of any county to exchange the stock so held and subscribed by said county, for the bonds of the said county, such stock to be exchanged at its par value, and such bonds taken at their par value.

1845. SEC. 7. The amount of bonds issued by any amount of bonds County under the provisions of this act, shall in no case exceed four per cent. of the assessed value of the property situate in said county, for the year preceeding that in which such bonds are voted.

Not applicable to Arapahoe county.

1846. SEC. 8. The provisions of this act shall not apply to Arapahoe county.

1847.

AN ACT CONCERNING THE RELEASE OF MORTGAGES.

SECTION I.

[Session Laws, 1874.]

That when the mortgagee of any property within the state shall have received payment of

faction or receipt

on mortgage or the to operate as a

record thereof,

release and re

re- conveyance of

title.

the money due to him, and secured by the mortgages, and Entry of satis shall have entered or may hereafter enter satisfaction or a receipt for the same, either on the mortgage or on record of the mortgage, such satisfaction or receipt so corded shall operate and be taken to release the said mortgage to whoever may be entitled to a release, and shall re-convey the title of any property in any mortgage to whoever may be entitled to receive the same as fully as a release deed would have done, executed under the formalities prescribed by the law regulating conveyances.

Releases hereto

records and

Space to be left

entry of satisrecorder for

1848. SEC. 2. That all releases heretofore made upon the records of mortgages in this state, and signed by the fore made on mortgagee, are hereby legalized and made of the same signed by mortgagee, legalized. effect in re-conveying real estate from the said mortgagee to whoever was entitled to receive the same, as a release legally executed by the said mortgagee would have been. 1849. SEC. 3. That the clerk and recorder of each county, when hereafter recording a mortgage, shall leave a in records for space on the margin of the record for the entry of satisfac-faction; fees of tion, and shall record therein the satisfaction made on said entry of satis mortgage, or permit the mortgagee to enter therein the satisfaction of said mortgage, which record shall have the same force and effect as the record of a release deed of said mortgagee; and the clerk and recorder shall be entitled to demand and receive the sum of fifty cents for recording such satisfaction of a mortgage, or permitting the same to be recorded as aforesaid by the mortgagee.

faction.

AN ACT IN REGARD TO A CHANGE OF NAMES.

[Session Laws, 1876.]

Proceedings

change of name.

1850. SECTION 1. Every person desiring to change his or her name, may present a petition to that effect, veri- necessary to fied by affidavit, to the district or county court, in the county of the petitioner's residence, which petition shall set forth the petitioner's full name, the new name desired, and a concise statement of the reason for such desired change; and it shall be the duty of the judge of such court to order such change to be made, and spread upon

What i otice

the records of the court in proper form, if such judge is satisfied that the desired change would be proper, and not detrimental to the interests of any other person.

1851. SEC. 2. Public notice of such change of name shall be given. shall be given at least three times in a newspaper published in the county where such person is residing, within twenty days after the order of court is made, and if no newspaper is published in that county, such notice shall be published in a newspaper in such county as the judge of said court shall direct.

What articles

shall not be

transported in

of cars used for transportation of passengers.

AN ACT CONCERNING THE TRANSPORTATION OF NITRO GLYCERINE
AND OTHER COMBUSTIBLE AND EXPLOSIVE ARTICLES.
[Session Laws, 1876.]

1852. SECTION I. It shall not be lawful to transport, carry or convey, or deliver to be transported, carried or vehicles or trains conveyed, or to cause to be delivered to be transported, carried or conveyed, any of the substances or articles known as dynamite, nitro glycerine, or glycerine oil, nitroleum or blasting oil, or nitrated oil, or powder mixed with any such oil, or fiber saturated with any such article or substance, in any vehicle used or employed in transporting passengers, or in any train of cars, used in transporting passengers; provided, that an ordinary freight train, with a caboose or passenger car used as a caboose, shall not be construed as a train of cars, used in transporting passengers, within the meaning of this act.

In what manner

may be transported.

1853. SEC. 2. It shall not be lawful to ship, send or nitroglycerine forward any quantity of the substances or articles named in the preceeding section or to transport, convey or carry the same, on any vehicle of any description, or to deliver the same to be transported, carried or conveyed, or to cause to be delivered to be transported, carried or conveyed, any such articles or substances, unless the same shall be securely enclosed, deposited or packed in a metallic vessel surrounded by plaster of paris or other material that will be non-explosive when saturated with such oil or substance, and separate from all other substances, and the out-side of the package containing the same, be marked

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