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(H. B. 7.)

AN ACT

RELATING TO WOODLANDS AND FORESTRY IN COLORADO, TO CREATE
A FOREST COMMISSION FOR SAID STATE.

Be it enacted by the General Assembly of the State of
Colorado:

lands.

SECTION I. All lands now owned, or controlled, or What are woodwhich may be hereafter owned, or controlled, by the State of Colorado, and which are now, or shall hereafter be, covered with forest growth, or devoted to forest uses, are, for the purposes of this act, declared to be woodlands.

Forest commis

SEC. 2. By and with the advice and consent of the senate, the Governor shall appoint one Forest Commis- sioner. sioner, a suitable person, skilled in matters relating to forestry, who shall be a resident and citizen of this State, and who shall be known as the Forest Commissioner of the State of Colorado; the said Commissioner shall hold his office for the term of two years, or until his successor shall be duly appointed and confirmed, unless sooner removed by the Governor, for cause.

SEC. 3. The Forest Commissioner shall, at the expense Expenses. of the State, be provided with an office at the capitol, where his official records shall be kept.

SEC. 4.

commissioner.

Said Forest Commissioner shall have the care Duties of forest of all woodlands now owned, or controlled, or which may be hereafter owned, or controlled by the State. He shall cause all such lands to be located, and duly recorded, and shall make and publish reasonable rules and regulations for the prevention of trespass upon said lands, for the prevention and extinguishment of fires thereon, and for the conservation of forest growth. He shall also, as far as possible, promote the gradual extension of the forest area, encourage the planting of trees, and preserve the sources of water supply; but nothing in this act shall be so construed as to permit any forest officer, hereby constituted, to interfere with the use of timber for domestic, mining, or agricultural uses. On or before the fifteenth day of Decem- Report. ber, in each year, he shall report to the Governor, his official action during the preceding year, and such information as

Duties of county commissioners and others.

Extinguishment of fires.

May arrest.

Compensation.

may be useful in preserving the forests of the State, and maintaining the supply of water.

SEC. 5. In addition to the powers and duties attaching to the offices of county commissioners and road overseers in the counties of this State, such commissioners and overseers shall act as conservators of woodlands in their respective localities, and shall enforce the laws and regulations made for the protection and preservation of such woodlands. Said county commissioners shall, also, to the extent of their power, encourage the planting of trees along water courses and irrigating ditches, and in other proper places. Except in cases of emergency, no expenses under this act shall be incurred by the said county commissioners, or road overseers, unless by direction of the State Forest Commissioner.

SEC. 6. It is made the special duty of all forest officers of the State to exercise the utmost care and vigilance in the prevention and extinguishment of fires within the State, likely to endanger or destroy forest growth, and to apprehend any persons who may be guilty of causing such fires; and, in the performance of their duties, such officers may call to their aid such person or persons, within the State, as they may deem necessary. All forest officers and all peace officers within the State are empowered and required to arrest any and all persons found trespassing upon the woodlands of the State, or unlawfully cutting or destroying timber thereon, or setting fire in a manner to endanger such woodlands, and shall cause actions to be instituted in courts of proper jurisdiction to punish violators of the forestry laws of the State. In all matters pertaining to woodlands and forests, the district officers shall be subject to the county forest officers of their respective counties, and all shall be subordinate to the Forest Commissioner of the State.

SEC. 7. For the time actually occupied in the performance of duties imposed by this act, the said county commissioners shall receive additional pay at the same rate per diem as is allowed them by existing laws. The said road overseers, for services rendered under this act, shall be paid at the rate of three dollars per day. All bills for such services shall be approved by the State Forest Commissioner, and shall be paid by the county wherein such services were rendered; Provided, That the entire sum which may be paid under the provisions of this act in any

county shall not exceed the sum of one hundred ($100) dollars in any one year.

SEC. 8. No person No person who is directly or indirectly engaged in the manufacture of lumber, or railroad ties, or telegraph poles, or any business which requires a large consumption of growing timber or wood, shall be qualified to serve as a Forest Commissioner under this act.

SEC. 9. All acts, and parts of acts, inconsistent with Repeal. the provisions of this act, are hereby repealed.

SEC. 10. It is the opinion of the General Assembly Emergency that an emergency exists; therefore, this act shall take effect and be in force from and after its passage.

Approved April 4, 1885.

PUBLIC LANDS.

(H. B. 319.)

AN ACT

TO AMEND CHAPTER XC., OF THE GENERAL STATUTES OF THE
STATE OF COLORADO, ENTITLED "PUBLIC LANDS."

Be it enacted by the General Assembly of the State of
Colorado:

board of land commissioners.

SECTION I. That section 34, of chapter XC., of the General Statutes of the State of Colorado, be, and the same is hereby, amended so as to read as follows, viz: SEC. 34. That the State Board of Land Commissioners be, and they Secretay of the are hereby, authorized to appoint a secretary who is not a member of said board, whose salary shall be fifteen hundred (1,500) dollars per annum. The said secretary shall perform such duties in connection with the land affairs of the State as the board may direct. He shall be provided with suitable furniture by the Secretary of State, and shall keep his office in the State Library room, and under the direction of the State Librarian shall have immediate charge of the State Library.

May employ clerk.

Additional

appropriations.

SEC. 2. That section 37, of chapter XC., of the General Statutes of the State of Colorado, be, and the same is hereby, amended so as to read as follows: SEC. 37. That the State Board of Land Commissioners be, and they are hereby, authorized to employ such other clerical assistance as may be necessary; Provided, however, That such clerical assistance shall not cost the State more than nine hundred (900) dollars annually.

SEC. 3. That for the purpose of defraying the increased expenses provided for by this act, there are hereby appropriated the following sums, out of moneys not otherwise appropriated, in addition to the sums already appropriated by law for said purposes, to wit: For the year 1885, three hundred (300) dollars, for salary of secretary, as provided in section one (1) hereof, and a like sum for the year 1886. For the year 1885, four hundred (400) dollars for assistant clerical assistance, as provided in section two (2) hereof, and a like sum for the year 1886.

Approved April 7, 1885.

RAILROADS.

(S. B. 53.)

AN ACT

TO SECURE MANUFACTURERS AND OWNERS OF RAILROAD EQUIP.
MENT AND ROLLING STOCK IN MAKING CONDITIONAL SALES
AND CERTAIN CONTRACTS FOR THE LEASE THEREOF.

Title to rolling

stock and equip

in vendor until paid for.

Be it enacted by the General Assembly of the State of
Colorado:

SECTION I.

That in any written contract, of or for the ment may remain sale of railroad equipment, or rolling stock, deliverable immediately, or subsequently, at stipulated periods, by the terms of which the purchase money, in whole or in part, is to be paid in the future, it may be agreed that the title to the property so sold, or contracted to be sold, shall not pass to, or vest in, the vendee, until the purchase money shall

have been fully paid, or that the vendor shall have and retain a lien thereon for the unpaid purchase money, notwithstanding delivery thereof to, and possession by, the vendee, for a term not to exceed ten years in any one contract, which term shall be expressed in said contract.

SEC. 2. In any written contract for the leasing, or Lease may stipurenting, of railroad equipment, or rolling stock, it shall be late sale. lawful to stipulate for a conditional sale thereof at the termination of such lease, and to stipulate that the rentals received may, as paid, or when paid in full, be applied and treated as purchase money, and that the title to such property shall not vest in such lessee, or vendee, until the purchase money shall have been paid in full, notwithstanding delivery to, and possession by, such lessee, or vendee.

ment.

SEC. 3. Every such contract, specified in sections one and two, shall be good, valid and effectual, both in law and equity, against all purchasers and creditors; Provided, AcknowledgFirst-The same shall be acknowledged by the vendee, or lessee, before some officer authorized by law to take acknowledgments of deeds. Second-Such instrument shall be recorded, or a copy thereof filed, in the office of the Secretary of State, and in the office of the recorder of each of the counties in which the said railroad may be operated in this State. Third-Each locomotive engine, or Marking cars, car, so sold, or contracted to be sold, or leased, as aforesaid, shall have the name of the vendor, or lessor, or the assignee of such vendor, or lessor, plainly placed, or marked on each side thereof, or be otherwise marked so as to indicate the ownership thereof, or that the same is covered by such special contract.

SEC. 4. This act shall not be held to invalidate any contract heretofore made, of the character described in the first or second sections.

SEC. 5. The acknowledgments of such contracts may be made in the form required as to conveyances of real

estate.

etc.

SEC. 6. That all acts, or parts of acts, in conflict with Repeal. this act, are hereby repealed.

SEC. 7. That, in the opinion of this General Assembly, Emergency. an emergency exists; and, therefore, this act shall take effect and be in force from and after its passage.

Approved March 31, 1885.

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