Dairy commis-sioner. Pay. Commissioner may employ a chemist. Commissioner may inspect. SEC. 8. The Governor, by and with the advice and consent of the senate, shall appoint a Commissioner, who shall be known as the Colorado State Dairy Commissioner, who shall be a citizen of the State, and who shall hold his office for the term of two years, or until his successor is appointed and qualified, and who shall receive the sum of five dollars per day for the time necessarily employed in the exercise of his duty, together with mileage, at the rate of ten cents per mile, for each mile necessarily traveled in the discharge of his official duties; said Commissioner shall be appointed within ten days after the passage of this act, and shall be charged, under the direction of the Governor, with the enforcement of the various provisions. thereof; said Commissioner may be removed from office at the pleasure of the Governor, and his successor appointed as above provided for; the said commissioner is hereby authorized and empowered, by and with the consent and approval of the Governor, to employ a practical chemist, who shall receive ten dollars per day for each day necessarily engaged; the said Commissioner shall make annual reports to the Governor, not later than December the 20th of each year, of his work and proceedings; the said Commissioner shall have an office in the State capitol building. SEC. 9. The said Commissioner, and such chemist as he shall duly authorize for the purpose, shall have full access, egress and ingress to all places of business, factories, farms, buildings, carriages, cars, vessels and cans used in the manufacture and sale of any dairy products, or any imitation thereof; they shall also have power and authority to open any package, can or vessel containing such articles which may be manufactured, sold, or exposed for sale, in violation of the provisions of this act, and may inspect the contents therein, and may take therefrom samples for analysis. Approved April 6, 1885. (H. B. 247.) AN ACT TO PROVIDE FOR THE DUTY OF SURVIVING PARTNERS IN RESPECT Be it enacted by the General Assembly of the State of ner shall make SECTION I. In case of the death of one partner, the Surviving partsurviving partner or partners shall proceed to make a full, inventory. true and complete inventory of the estate of the co-partnership, within his knowledge, and shall also make a full, true and complete list of all the liabilities thereof at the time of the death of the deceased partner. He or they shall cause the said estate to be appraised in like manner as the individual property of a deceased person. returned to the SEC. 2. He or they shall return, under oath, such Inventory to be inventory, list of liabilities and appraisement, within sixty county court. days after the death of the co-partner, to the county court granting administration upon the effects of the deceased. Upon neglect or refusal to make such return, he shall, after citation, be liable to attachment. debts. SEC. 3. Such surviving partner or partners shall have Surviving the right to continue in possession of the effects of the partner may pay, partnership, pay its debts out of the same, and shall, upon demand made by the executor or administrator, settle its business. Upon the application of the executor or administrator, the county court may, whenever it may appear necessary, order such surviving partner to render an account to said county court, and, in case of neglect or refusal, may, after citation, compel the rendition of such account by attachment. vent waste by SEC. 4. Upon the committal of waste by the surviving Court may prepartner or partners, the court may, upon proper application, surviving party... under oath, setting forth specifically the facts and circumstances relied on, protect the estate of the deceased partner by citing forthwith the surviving partner or partners to give security for the faithful settlement of the affairs of the co-partnership, and for his accounting for and paying over to the executor or administrator of the deceased, whatever shall be found to be due after paying partnership debts and costs of settlement, within such time as shall be fixed by the court. The giving of such security may be enforced by attachment, or, upon refusal to give such security, the court may appoint a receiver of the partnership property and effects, with like powers and duties of receivers in courts of chancery; the costs of proceedings under this section to be paid by the executor or administrator, out of the estate of the deceased, or by the surviving partner, or partly by each, as the court may order. Approved March 28, 1885. PENITENTIARY. (H. B. 108.) AN ACT TO CREATE THE OFFICE] OF CHAPLAIN OF THE PENITENTIARY, AND Chaplain. Governor may appoint. Tenure. Salary. Residence. Be it enacted by the General Assembly of the State of SECTION I. That the office of Chaplain of the Penitentiary is hereby created. SEC. 2. The Governor is hereby authorized and empowered to appoint a, suitable person to the office of Chaplain of the Penitentiary. He shall be a minister of the Gospel, of good standing in his denomination. SEC. 3. The person appointed to said office shall hold the same for a period of two years, unless sooner removed by the Governor. He shall receive a salary of five hundred dollars per annum, payable quarterly, in the same manner as the salaries of other State officers are paid, said salary to be paid out of the penitentiary appropriation fund. SEC. 4. SEC. 5. In the opinion of the General Assembly an Emergency. emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 6, 1885. POLICE MAGISTRATES' COURTS. (H. B. 30.) AN ACT CREATING POLICE COURTS IN CITIES HAVING A POPULATION OF LESS Be it enacted by the General Assembly of the State of trates in cities of SECTION I. That in all cities having a population of Police magisless than twenty-five thousand, in this State, there shall be, more than 25,000 and is hereby created, a police court, which shall be pre- inhabitants. sided over by a police magistrate, whose term of office shall be for two years, and until his successor is duly appointed and qualified. cities. SEC. 2. In all such cities having a population of less Police magisthan twenty-five thousand, said police magistrate shall be trates in smaller appointed by the city council of such city, at the first regular meeting thereof after the annual municipal election in April, A. D. 1885, and every two years thereafter. SEC. 3. The city council of each such city shall furnish the necessary books, stationery, blanks, furniture, and fuel required for the use of such court, together with suitable rooms for the proper conducting of the business of said court. SEC. 4. Said police court shall have exclusive original Jurisdiction. jurisdiction to hear, try, and determine all causes arising under any of the ordinances of such city, for a violation thereof, and there shall be no change of venue therefrom. Qualifications. SEC. 5. The police magistrate shall be a resident of such city, and a qualified elector therein; but nothing in this act contained shall be construed to prohibit the appointment by such city council of a justice of the peace, having the qualifications aforesaid, to the said office of police magistrate. Compensation. How process shall run. Fines paid to the city treasurer. Bond. Rules. SEC. 6. Such police magistrate shall receive, as compensation for his services, the same fees or compensation as are now, or may hereafter be, provided by law for justices of the peace, for like services in the county where such city is located; but the city council may by ordinance provide for the compensation of such police magistrate. SEC. 7. All processes issued from or out of said court shall run in the name of the people of the State of Colorado, and be signed or attested by the police magistrate. SEC. 8. The city marshal, or any constable within such city, may execute any process or writ issued out of or by said court, in any case arising under the ordinances of such city. SEC. 9. All fines and penalties collected in such police court, for the violation of any of the ordinances of such city, shall be, by such police magistrate, reported and paid to the city treasurer of such city monthly. SEC. 10. The police magistrate, appointed under the provisions of this act, shall give a bond to the city for which he is appointed, in the sum of two thousand dollars, which bond shall be approved by the city council of such city, and be conditioned for the faithful performance of the duties of the office of police magistrate, and for the faithful accounting for, and payment of, all moneys coming into his hands by virtue of said office. SEC. 11. The police magistrates shall have full power and authority to make and adopt rules and regulations for conducting the business of their said courts, and shall have all powers incident to a court of record in relation to the attendance of witnesses, the punishment of contempt, and enforcing all orders of court; Provided, however, That no imprisonment for contempt shall exceed five days, and no fine for such cause shall exceed one hundred dollars. SEC. 12. Every police magistrate shall, at all times, receive and examine affidavits and complaints for the violation of any city ordinance, and shall issue a summons or |
