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senate by appointment. Section three requires the commissioner to keep a seal of office, bearing the words "Commissioner of Mines of the State of Colorado." Section four makes it his duty to collect information concerning the production and reduction of minerals in the State; to examine and inquire into the different modes of treating ores, and the relative merits of inventions for mining and metallurgical purposes. By section five he is authorized in person or by deputy to visit mines and examine them, to determine their safety. Section six makes it his duty to notify the owners of dangerous mines wherein they are dangerous, and require the necessary changes to be made without delay. In case of accident in such mine, subsequent to notice, a certified copy thereof shall be prima facie evidence of culpable negligence on the part of the owner complained of. Section seven requires the officer to correspond and keep reports in his office showing the condition of different branches of the mining industry of the state. Section eight makes it his duty to collect specimens. By section nine, to make assays, keep records, and pay proceeds of assays into state treasury. The fees prescribed for assays are: For stone, $1; gold and silver, $2; zinc, lead or copper, $2; analysis of coal, $10; analysis of ores, $5 to $10; analysis of minerals, $3 to $10; analysis of mineral water, not more than $30. For failure to comply with the provisions of the section, as to his keeping a record of receipts and accounting for the money, he may be fined, not to exceed five hundred dollars. Section ten makes it his duty to visit annually in person or by deputy each mining county in the state to examine mines. By section eleven he is to report annually to the governor. By section twelve he is also to examine coal mines every six months, and see that no children under fourteen years of age are therein employed. By section thirteen his

entire time is required at a salary of $3,000 per annum, and by consent of the governor may have a deputy at a salary of $1,200, and the professor of the school of mines at Golden as assistant, at a salary of $700, whose duty it shall be to perform the most difficult duties of the commissioner and his deputy. Section fourteen limits the contingent expenses to $2,300, and requires salaries to be paid monthly. Sections fifteen and sixteen, repeal prior inconsistent acts, and require the property of the state in the hands of territorial assayers to be turned over to the commissioner.2

1 This officer is required by section 1 of Art. xvi, Constitution, to be appointed by the Governor, by and with the advice and consent of the Senate.

2 Ch. xv. Gen. Laws, p. 126. Approved April 13, 1877.


§ 258. Mining companies.1-Section ninety-three of the act provides that such companies may be formed with power to do all things necessary to carry into effect the objects for which they were formed, as set forth in their certificates of organization. The certificate of organization is required to state whether the stock is assessable or not, and the certificates of stock are to have printed on the face "assessable or non-assessable," as the case may be. Section ninety-four permits the issuing of paid-up stock for working capital, to be non-assessable until other stock has been assessed to par value. But for no other purpose can a company issue stock both assessable and non-assessable. It may be either. Section ninety-five provides that assessable stock may only be assessed to the amount of 5 per cent. of its par value, and not oftener than once in three months; and such assessment can only be authorized by a stockholders' meeting, and by those representing a majority of the stock, of which meeting there shall be published notice, four weeks in a weekly newspaper where the operations

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of the company are carried on, and thirty days in a daily paper at the principal place of business, with personal notice or mailing notice to each stockholder. No assessment payable within thirty days from the date the same is ordered by the board of directors. Section ninety-six provides for interest on assessments over fifteen days due, and the sale of delinquent shares on ten days' advertisement, and personal notice as provided in section ninetyfive. But no fraction of a share can be sold, nor shall shares be sold to meet such delinquency within sixty days of the date of assessment. Section ninety-seven provides that the number of directors shall not be less than three, nor more than nine, who, except for the first year, shall be annually elected. The meeting for that purpose shall be noticed by ten days' publication, or by personal notice, served or mailed. A majority of the stock must be represented, and the election shall be by ballot. Section ninety-eight provides that ore-reducing, mining or tunneling companies may be consolidated under one organization.2

1 Ch. xix. "Corporations."
2 Gen. Laws, p. 174.

§ 259. Costs in adverse suits.1-By "An Act concerning costs in certain cases2" it is provided that where the plaintiff in an adverse suit prevails, he shall recover, in addition to costs of suit, his necessary disbursements and a reasonable counsel's fee, not exceeding fifty dollars, for the expense of preparing his adverse claim.3

1 Ch. xx.

2 Sess. Laws, 1876.

3 Gen. Laws, p. 195.

$260. Liens.1-By an act to secure liens to mechanics and others,2 it is provided in Section three that all me


chanics and laborers who perform work or labor, or furnish materials to the amount of $25 or more for construct ing or repairing any * water-ditch, flume, aqueduct, or reservoir, shall have a lien on such water-ditch, flume, aqueduct, or reservoir for the amount and value of the work performed or materials furnished, by filing in the recorder's office, within forty days after the completion of the work, a statement containing a notice of intention to hold the lien, a description of the property, and an abstract of the indebtedness, as required by Section two, respecting liens on other superstructures. And if the lien is claimed by others than a contractor or material man, such notice and statement are required to be filed within twenty days, and a copy of the statement is to be served upon the owners or their agents. It is also provided that where personal service of such notice cannot be had, the owners may be notified through the post-office. By Section four of the act, the provisions of the preceding sections are rendered available to "all miners, laborers, and others who work or labor to the amount of $25 or more in or upon any mine, lode, or deposit," and also for those who furnish materials for such work; Provided, that two or more lodes, worked through the same opening, shall be considered one mine, and that the law shall not apply to mines worked under a lease. Section six provides that the lien in favor of sub-contractors, material men, and workmen shall cover the property upon which the work was done, or for which materials were furnished, and authorizes their payment by the owners on service of copy of the statement, and in case of failure to pay by the owners, gives the sub-contractors, etc., a right of action against the owners. The same section forbids payments in anticipation of liens, declares a forfeiture of rights for making excessive and fraudulent claims, and attachments of money due the contractor,

pending the proceedings to enforce a lien. By Section seven the mechanic's or miner's lien is given priority over all mortgages and other liens unrecorded at the commencement of the work. By Section eight the lienor is required to commence an action to enforce the lien within six months. Section nine prescribes the manner of enforcing the lien in a court of competent jurisdiction by petition and summons as in chancery suits, publication of notice for three weeks in a newspaper, or by posting where there is no newspaper in the county, to bring in all parties holding or claiming liens. All parties not appearing in response to the notice will be deemed to have waived their liens. Judgment may be rendered on all claims brought in, and the property sold to satisfy the Judgment in favor of the lienors. Sections ten and eleven merely preserve the rights of action parties would have independent of the lien law, and require the entry of satisfaction on payment of debt and costs, under a penalty of $20 a day for refusal to make the entry on request of the party paying. By Section twelve it is provided that assignees, being creditors of the same class as the assignors, may claim and hold and enforce their liens for the amount of their own and assigned claims.3 By an act amending the foregoing4 it is provided, in Section one, that subcontractors, etc., may give notice to the owners of an intention to perform work or furnish materials of an estimated amount, before beginning, with like effect as though given at the completion of the work, or furnishing materials upon having the same recorded; or he may give such notice and have it recorded after the beginning of the work. But by Section two the filing of statement is still required; the notice before completion is optional with the lienor. By Section three the requisite notices must be recorded. By Section four notices may be served upon agents where the owners are non-residents,

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