to enclose, or protect, any cave, or cavern, for the purpose of gaining an entrance therein; or if any person, or persons, being in a cave, or cavern, by permission or otherwise, shall break from the walls, ceilings, floors, or from any part of the cave, or cavern, any specimen, stalactite, stalagmite, or other ornamental material found therein; or if any person, or persons, shall remove from the cave, or cavern, any stalactite, stalagmite, specimen, or stalactite material found in, or kept in, any cave, or cavern, said cave, or cavern, being, at the time of said trespass, kept and used as a place of resort, or otherwise, said party, or parties, so offending, shall be guilty of a misdemeanor, and, upon conviction, shall be fined, in any sum not exceeding five hundred dollars, or shall be confined in any jail of the county wherein the offense shall be committed, for any length of time not exceeding ninety days, or both, at the discretion of the court; Provided, That there be posted up, in a conspicuous place near the entrance of such cave, or cavern, a copy of this act, printed in plain type. Approved April 9, 1885. CRIMINAL CODE. (S. B. 32.) AN ACT TO PREVENT THE SALE OF INTOXICATING OR MALT LIQUORS TO Be it enacted by the General Assembly of the State of SECTION I. That if any saloon, bar-room, billiard hall, bowling-alley keeper, or the proprietor or manager of any gambling house, house of ill fame, or place where obscene plays are performed, or any place where liquors are sold, within the limits of the State of Colorado, shall permit any minor, or habitual drunkard, to frequent any such place, or to drink any intoxicating or malt liquors, except when such minor is accompanied by either one of his parents, or his guardian, or to engage or to participate in any game of billiards, or any game, bet, or wager with any cards, or any other gambling device, or any other game of skill or chance whatsoever, shall be deemed guilty of a misdemeanor, and on conviction, shall be subject to a fine of not less that five, nor more than fifty dollars for the first offense, and for the second or any subsequent offense, shall, in addition to said. penalty, forfeit his license, and such license shall not be renewed for a period of six months. selling liquors to ual drunkards. SEC. 2. That if any saloon, gambling house, billiard Penalty for saloon, house of prostitution, dance-house keeper, or the minors or habitproprietor of any place where intoxicating or malt liquors are sold, or the agents or clerks of any such proprietors or keepers, shall sell, or permit to be sold in his, her or their place of business, to any minor, or habitual drunkard, any such liquors, except when such minor is accompanied by either one of his parents, or his guardian, he shall, on conviction thereof, be punished by a fine of not less than five, nor more than fifty dollars for each offense. minors or drunk "certain hours. SEC. 3. That any minor or habitual drunkard who Penalty to shall be found in any billiard saloon, bowling alley, house ards being found of ill-fame, or place where obscene plays are performed, in bar rooms in within the State, between the hours of nine o'clock in the evening and five o'clock in the morning, unless able to give a reasonable excuse therefor; or who shall frequent or be found in any saloon, billiard hall, house of ill-fame, bowling alley, or place where obscene plays are performed, participating in any game, or drinking intoxicating or malt liquors, either in the day or night time, except when such minor is accompanied by either one of his parents or his guardian, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than one nor more than twenty-five dollars, for each offense. SEC. 4. It shall be the duty of all sheriffs and their Officers to arrest persons violating deputies, constables, town or city marshals, chiefs of police, this act. and policemen, to arrest, with or without warrant, all persons found violating the provisions of this act, and bring the offenders to trial, as in cases of violation of law. SEC. 5. All keepers of places enumerated in the fore- Keepers of bars going sections of this act, shall place a sign in some must post notice. conspicuous position, where it can be seen by all who visit their place of business, containing the following words, viz: "No minor or habitual drunkard allowed here." Any violation of this section shall, on conviction, subject the offender to a fine of not less than twenty-five dollars, nor more than one hundred dollars. Approved April 2, 1885. DISTRICT ATTORNEYS. (H. B. 406.) AN ACT TO AUTHORIZE THE DISTRICT ATTORNEY OF THE SEVERAL JUDI. District attorney may appoint deputies. Be it enacted by the General Assembly of the State of SECTION I. That the district attorney in each and every judicial district in this State, is hereby authorized and empowered to appoint one or more deputies in each county in his judicial district, to hold his office during the pleasure of said district attorney; but no fee shall be allowed any deputy district attorney for his attendance, or to any district attorney for the attendance of his deputy, at the trial of any person, or persons, charged with a misdemeanor, before a justice of the peace. SEC. 2. Said deputy, or deputies, shall have all the powers of the district attorney. Approved April 7, 1885. (S. B. 44.) AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO ESTABLISH JUDICIAL DIS- Be it enacted by the General Assembly of the State of SECTION I. Section two, of an act entitled "An act to establish judicial districts in the State of Colorado, and to provide for the holding of district courts therein, and the manner of commencing and adjourning the same, and return of process, and providing for transfer of causes therein, and for continuing causes therein, in case of adjournment, and to repeal all other acts in relation thereto," approved March 5, 1881, is hereby amended so as to read as follows: The following named counties shall constitute the first district, to wit: Boulder, Clear Creek, Gilpin, Boulder, Clear Creek, Gilpin, Grand, Routt, and Jefferson. Terms of the district court Grand, Routt, shall be held in said district as follows, commencing at the Jefferson. days following in each and every year: In the County of Time for holding Boulder, on the first Monday in May, and on the first Monday in October; in the County of Clear Creek, on the first Monday of June, and the first Monday in December; in the County of Gilpin, on the first Monday of January, and on the first Monday of July; in the County of Grand, on the second Monday of August; in the County of Jefferson, on the first Monday in April, and on the first Monday in November; the County of Routt to remain attached to the County of Grand for judicial purposes. SEC. 2. court. Nothing in this amendatory act shall be Cases now penddeemed to effect any term of court being held in any ing not affected. county, or the continuance thereof, at the time this act shall take effect, or to affect in any manner any causes or proceedings pending in any such court. All cases, issues and proceedings, civil or criminal, now pending in the district Emergency court of any county in which a change as to time of holding terms is herein made, either upon change of venue or otherwise, in which there has been service of process or other legal notice, including writs of attachment, publication, or appearance by the several parties to any former term, shall be held to be pending at the first term after this act shall take effect, of any such court as fixed by this act, and may be regularly proceeded with at such term, in the same manner as though pending at the next regular term, as fixed by law, before this act shall take effect. Where petit or grand jurors have, previous to the taking effect of this act, been summoned to attend at a term of court in any county, which term is herein postponed, it shall be the duty of the sheriff of said county, as soon as practicable after this act shall take effect, to notify such jurors, by mail or otherwise, of such postponement, and a new venire may issue at the proper time, summoning such persons to appear and act as jurors at the first succeeding term of such court, as fixed by this act. SEC. 3. In the opinion of this General Assemby an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved January 30, 1885. |