Duties in case of dangerous mines Reports and pointed deputy, to visit and examine any mine or piece of mining ground, for the purposes of ascertaining the condition. of the same in regard to its safety and means of egress from the same, and, for this purpose, shall have access to any and all levels, stopes, tunnels, winzes, shafts, and shaft-power of any mine, for the purpose of said inspection. 145. SEC. 6. Whenever the commissioner of mines, or his duly authorized deputy, shall receive a formal complaint in writing, signed by two or more persons, setting forth that the mine in which they are employed is dangerous in any respect, he shall visit and examine such mine, and if from such personal examination he shall ascertain that the facilities for egress are insufficient, or that from want of timbering, scaling or slacking of the ground in such mines, so visited, or from other causes, or that the timbers, ladders, ladder-ways, pentices or plats, in any such mine, are in a dangerous condition, it shall become his duty to notify the owners, lessor or lessee thereof, such notice to be in writing, and to be served by copy on any person or persons, in the same manner as provided by law for the serving of legal notices or process; said notice shall state in what particular such egress is insufficient, or in what particulars timbers, ladders, ladder-ways, pentices or plats are dangerous, and shall require the necessary changes to be made without unnecessary delay. And in case any criminal or civil procedure at law against the party or parties so notified on account of loss of life or bodily injury sustained by any employé subsequent to such notice, and in consequence of a neglect to obey the commissioner's requirement, a certified copy of the notice served by the commissioner shall be prima facie evidence of the culpable negligence of the party or parties so complained of. 146. SEC. 7. It shall be the duty of the commissioner correspondence. of mines to keep on file in his office, reports and papers, which may be published from time to time, and all correspondence on the subject of mining and milling, and reducing ores, with a view to eliciting and collecting such information for the public use; he shall address circulars to corporations and individuals engaged in mining, and shall correspond with the school of mines in other states and elsewhere, in reference to mining, metallurgy, etc. 147. SEC. 8. It shall be the duty of said commissioner Mineral and geological to collect, arrange, and classify mineral and geological speci- specimens. mens found in this state, and to keep the same in a department of reference and study, in the state school of mines; ' he shall also, by analysis or assay, determine the character and value of the same. Shall make record and ac received for assays, and pay treasury. 148. SEC. 9. It shall be the duty of the commissioner of mines to assay, or cause to be assayed and analyzed in assays, keep the laboratory of the state school of mines, specimens of the count of moneys different ores, minerals, metals, coals and mineral water, same into state mined or obtained in this state, whenever requested so to do; he shall keep a permanent record of the same, giving the name of the county, mining district, lode, ledge, deposit, vein or spring, whenever obtained, together with the value and contents thereof; for such assay or analysis, the commissioner of mines shall charge for each and every analysis, assay or test, as follows: He shall keep a correct account of all moneys received from such assays or analysis, and the sum shall be paid by him into the state treasury monthly, and used solely for the fund of the commissioner of mines and state school of mines, and in case of the failure or neglect of the commissioner of mines to keep the record, or to pay into the state treasury all money received by him for analysis, assays and tests, as required by this section, he shall be deemed guilty of a misdemeanor, and may, upon conviction thereof, be Penalty for failpunished by fine not to exceed [five hundred dollars] $500, record, etc. said fine to be recovered in any court of competent jurisdiction, and paid into the state treasury, for the benefit of the school of mines. ure to keep Examination of 149. SEC. 10. It shall be the duty of the commissioner of mines, at least once in each year, either in person or by mines. a duly authorized deputy, to visit each mining county in Annual report. Duties of com missioner in coal mines. the state, and examine as many of the mines in the different counties as practicable. 150. SEC. II. The commissioner of mines shall report to the governor of the state, on or before the fifteenth of January, in each year for the year ending on the thirtyfirst day of December of the preceding year, which report shall contain all statements of accounts, moneys received and expended, statistics, and other information which may tend to promote the development of the mineral resources of the state. 151. SEC. 12. He shall at least once during every six examination of months after the date of his appointment, examine carefully the principal coal mines being worked in this state, as to the safety of the workings, the condition of the air in the mines, and the best means of ventilation; the amount of coal excavated, and whether children under fourteen years of age are permitted to work in such coal mines; which facts he shall faithfully report, with recommendations, in his annual report; and for the purpose of making full and thorough examinations he shall have access to all workings in any coal mine owned or worked by any corporation or individuals in this state, and is hereby authorized and required to inspect and examine such mine in all its workings. To facilitate such examination, all corporations or individuals working coal mines in the state, shall plats of workings keep a true and complete plat of all the workings of such coal mine, with explanatory notes, showing the method of ventilation in such mine, which plat shall be corrected every four months; any agent or superintendent of any corporation or individual working coal mines in this state, who shall refuse to permit said commissioner of mines to examine such mine or who shall neglect to keep a correct plat of the workings of such mine, or who shall employ Children under or permit to be employed in such coal mine, any children under fourteen years of age, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five hundred (500) dollars, or by imprisonment not exceeding one year for each offense. Corporations or individuals to keep correct in coal mines. fourteen years of age not to be employed in coal mines. Penalty. 152. SEC. 13. The commissioner of mines shall devote his entire time to the duties of his office, and shall receive missioner; and salary of a salary of three thousand (3,000) dollars per annum, and Salary of comwith the consent of the governor of the state shall appoint appointment a deputy commissioner of mines, at a salary not exceeding deputy. twelve hundred (1,200) dollars per annum; that on and after the year 1877 the salary of the commissioner and deputy commissioner of mines and assistant, as well as the contingent expenses of the same, shall be paid out of the fund provided for the support of the school of mines. The deputy commissioner shall be under the direction and control of the commissioner, who may remove him for good cause. He shall also appoint as assistant com- Appointment of missioner of mines, the professor in charge of the school salary and duties of mines at Golden, at a salary of seven hundred (700) dollars per annum, in addition to his pay as said professor. The duties of the assistant commissioner shall be to act as deputy commissioner in the absence of the commissioner, to take charge of the state cabinet, and to make the assays and analyses required in sections eight (8) and nine (9) of this act. assistant; aries and contin 153. SEC. 14. The above salaries to be paid monthly, Payment of saland contingent expenses to be paid on presentation of gent expenses. vouchers certified to under oath by the commissioner of mines; and the auditor shall draw his warrants accordingly; provided, that the amount of contingent expenses for any one year shall not exceed two thousand three hundred (2,300) dollars. 154. SEC. 15. The different acts to establish assay Repeal. offices in the territory of Colorado, approved January 10, 1868, and February 11, 1874, and 1876, also that part of section two (2) of "an act to provide for the several expenses of the year 1876, and 1877, approved February II, 1876, relating to the appropriation for paying the salaries of the territorial assayers," and all other acts and parts of acts inconsistent with this act are hereby repealed. in possession of 155. SEC. 16. All property belonging to the state that State property is in the possession of the territorial assayers, shall be assayers. turned over to the commissioner of mines. Approved, April 13, 1877. Common law of England and acts of British CHAPTER XVI. COMMON LAW. [Revised Statutes, Chap. XVI.] 156. SECTION 1. The common law of England, so far as the same is applicable and of a general nature, and all Parliament prior acts and statutes of the British Parliament, made in aid of to fourth year of James I, adopt or to supply the defects of the common law prior to the ed, with certain exceptions, as fourth rule of decision."" of James the First, (excepting the second secyear tion of the sixth chapter of forty-third Elizabeth, the eighth chapter of thirteenth Elizabeth and ninth chapter of thirty-seventh Henry Eighth,) and which are of a general nature, and not local to that kingdom, shall be the rule of decision, and shall be considered as of full force until repealed by legislative authority. Proposed amendment to mitted to vote at next general clection. CHAPTER XVII. CONSTITUTIONAL AMENDMENTS. AN ACT TO SUBMIT TO THE QUALIFIED ELECTORS OF THE STATE OF Be it enacted by the General Assembly of the State of Colorado: 157. SECTION I. That there shall be submitted to the Sec. 29, Article qualified electors of the state of Colorado, at the next genVI, to be sub-eral election for members of the general assembly, for their approval or rejection, the following proposed amendment to the Constitution of the state of Colorado: which when ratified by a majority of those voting thereon shall be valid as part of the Constitution, to wit: Section twentynine of article VI, of the Constitution of the State of Colorado, be stricken out and in lieu thereof, there be inserted the following words for section twenty-nine: “All officers provided for in this article excepting judges of the supreme court shall respectively reside in the district, county, precinct, city or town, for which they may be elected or |