Protection against fire. Change of location of penitentiary. Repeal. Emergency. to the regular session of the general assembly by the gov ernor. 2064. SEC. 50. The board of commissioners shall take such precaution to protect the penitentiary and the property connected therewith against fire as the circumstances and locality will permit of, and will procure such convenience, and prescribe such rules, as will enable the warden to get out the convicts in the shortest possible time, and secure their safe custody in case of fire. 2065. SEC. 51. For the purpose of changing the penitentiary from its present location to a point where the labor of the convicts can be made more remunerative to the state, when it shall be deemed advisable by the general assembly to do so, it shall be the duty of the board of commissioners to visit such localities in this state as they may deem advisable, and examine the same with regard to the comparative advantage which such localities present for the location of a penitentiary. They shall also receive offers of donation of land (not less than forty acres,) for a site for such penitentiary, and shall examine the same and report the comparative advantage of each to the governor, who shall report the same to the general assembly at the next session thereof. 2066. SEC. 52. An act relating to the penitentiary and persons convicted of crime, and to provide therefor, approved, February 11, A. D. 1870; an act to employ the labor of convicts in the penitentiary, approved, February 9, A. D. 1872; an act for the government and management of the penitentiary, approved, February 14, A. D. 1874; an act for the pardon of insane criminals, approved, February 9, A. D. 1876; and an act to amend an act for the government and management of the penitentiary, approved, February 9, A. D. 1876, are hereby repealed. 2067. SEC. 53. Inasmuch as the supplies now at the penitentiary will be exhausted within ninety days after the passage of this act, and inasmuch as it is desirable that the semi-annual contracts for the purchase of supplies shall be let on the first day of April and the first day of September in each year, it is the opinion of this general assembly that an emergency exists as contemplated in section 19, article 5, of the constitution; therefore, this act shall take effect on and after its passage. Approved, March 15, 1877. CHAPTER LXXVIII. POISONS. AN ACT REGULATING THE SALE OF POISONS. [Session Laws, 1872.] 2068. SECTION 1. From and after the first day of March, Unlawful to poisons unless A. D. one thousand eight hundred and seventy-two, it retail certain shall be unlawful for any apothecary, druggist, or other distinctly labeled person, to retail an poison enumerated in schedules A and B, appended to this act, without distinctly labeling the bottle, box, vessel or paper and wrapper, or cover in which said poison is contained, with the name and place of the seller. Record of 2069. SEC. 2. It shall be unlawful for any apothecary, druggist or other person, to sell or deliver any poisons poisons sold. included in schedule A, without, before delivering to the buyer, making or causing to be made, an entry in a book kept for that purpose only, stating the date of sale, the name and address of the purchaser, the name and quantity of the poison sold, the purpose for which it is stated by the purchaser to be required, and the name of the dispenser; said book to be always open for inspection by the proper authorities, and to be preserved for at least one year: provided, that the provisions of this section shall not apply to not applicable the dispensing of poisons in not unusual doses or quanti- practitioners. ties, upon prescriptions of legitimate practitioners of medicine: And provided further, that nothing contained in the foregoing sections one and two, shall apply to or interfere. with the business or sale of medicines in the original packages of the manufacturer. These provisions to regular 2070. SEC. 3. Any apothecary, druggist, or other per- Fines and son, who shall violate section one or two, shall be guilty penalties. of a misdemeanor, and shall, upon conviction thereof, be Penalty for giv. ing fictitious name. Enumeration of poisons. fined a sum not exceeding five hundred dollars, or imprisonment [be imprisoned] in the county jail not exceeding six months. 2071. SEC. 4. Any person who, in making application to purchase and receive, or purchase or receive, any of the poisons, substances or liquids, mentioned in schedules A and B, appended to this act, shall give a false or fictitious name or address to the apothecary, druggist, or other person, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined a sum not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment, in the discretion of the judge. SCHEDULE A. Arsenic and its preparations, prussic acid, cyanides of potassium, and all metallic cyanides, strychnine, and all poisonous vegetable akaloids and their salts, anconite and its preparations, and tartar emetic. SCHEDULE B. Belladonna, conium, cantharides, corrosive sublimate, henbane, nux vomica, savin oil, ergot, digitalis, and their pharmaceutical preparations, croton oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids, carbolic acid, oxalic acid, opium, and all preparations of opium, except paregoric and other preparations of opium containing less than two grains to the ounce. Persons desiring houses, to have CHAPTER LXXIX. POWDER-HOUSES. [Revised Statutes, Chapter LXIX.] 2072. SECTION I. Whenever any person or company to build powder desires to erect and build a powder-house or magazine, for to one acre of the purpose of storing therein gunpowder, blasting-powder, ground not occu- fuse and the like explosive and combustible materials, encumbrancer. such person or company shall have the exclusive right and pied by prior control, except as against the United States, of and to one acre of any land, for that purpose, not occupied by any prior encumbrancer, claiming a right thereto, and such person or company may build any such powder-house or magazine thereon, and no other person or company shall have the right to occupy any portion of the said one acre of land for any purpose whatever, except by consent of the person or company erecting and building such powderhouse or magazine. ground. 2073. SEC. 2. Any person or company claiming a tract Survey and of land not exceeding one acre, for the purpose expressed record of such in the foregoing section, shall employ the county surveyor of the county wherein such tract of land is situated to make a survey of the same and a plat thereof, which said plat, when filed for record in the office of the county recorder of the proper county, shall be taken as evidence of the right of the person or company thereto, for whose benefit the said survey is made. 2074. SEC. 3. Powder-houses within the corporate lim- Subject to ordiits of any city or town shall be subject to such ordinances as are now passed or may be passed regulating the same. 2075. SEC. 4. All tracts of land claimed under the Form of tract of provisions of this chapter, shall be in the form of a square, of building and any powder-house erected thereon shall not be located more than sixty feet from the centre thereof. nance if within corporate limits. land and location thereon. this chapter lands of the 2076. SEC. 5. The provisions of this chapter shall ap- The provisions ply only to public lands belonging to the United States; of this only to and claims made for the purpose of establishing powder- United States. houses and magazines as aforesaid, shall exist only for the purposes aforesaid, and shall be used only for such purposes; and all right and interest of the claimants therein shall cease and determine, whenever the building or buildings thereon, shall not be used for storing explosives mate rial. one tract of land under this chapter in any one mining district. 2077. SEC 6. No corporation, company, firm, associa- No person to tion or individual shall hold more than one tract of land hold more than under the provisions of this chapter, in any one mining district; nor shall any person or persons holding any tract of land, to be used by any corporation, company, association, firm or individual, hold another tract of land in their own right, under the provisions of this chapter. Punishment for promoting or engaging in prize fights. Proceedings in case of oom plaint to magis CHAPTER LXXX. PRIZE FIGHTS. AN ACT TO PREVENT PRIZE FIGHTS. [Session Laws, 1872.] 2078. SECTION 1. Any person who shall promote or engage in any prize fight, shall be liable to arrest and prosecution, and upon conviction thereof, shall be punished by confinement in the penitentiary or county jail for a term not less than ten days nor exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment. 2079. SEC. 2. Upon complaint under oath before any magistrate having power to take complaints of a criminal trate that such nature, that an offense within any of the specifications of secto be committed. tion first is about to be committed, and setting forth in such offense is about complaint the grounds thereof, such magistrate shall, in his discretion be empowered to issue a warrant to any officer of the county having power to execute a warrant, reciting therein the name of the complainant and his residence, and the substance of his complaint, and therein. directing such officer to proceed and prevent the said prize fight as mentioned in section first of this act, by arresting any person or persons whom he may find wilfully witnessing the same. Such officer having such warrant, shall have authority to call to his aid the civil power of the county, and upon any arrest or arrests being made in pursuance of this section, the person or persons so arrested shall be taken before the magistrate so having issued the warrant,and in the said magistrates discretion may be then and there compelled to enter into a bond in the sum of one thousand dollars, to the people of the state of Colorado, conditioned that he will not for the space of one year next succeeding the date of said bond, offend against any of the provisions of this act. The said bond, after being taken, to be forwarded to the district attorney of the county, and be by him retained one year, and prosecuted for breaches in any of the courts of this state, if any shall have been committed. |