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absence of the district judge, which shall attempt

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to restrain the enjoyment or working of any mine or mining claim.1 Any writ of injunction issued against the working and mining of a lode or mining claim without notice to the opposite party shall be void.2 No motion to dissolve an injunction shall be heard in vacation when granted upon mining claims after answer filed, or when awarded after notice, as provided in Section 127.4

1 Session Laws 1879, p. 86.

2 Code Col., § 127, p. 47.

3 Ibid, p. 48.

4 Code Col., § 132, p. 50.

§ 254. Injunction for affirmative relief-Restitution.-SEC. 137. The said district court of the state, or any judge thereof, shall have, in addition to the power. already possessed, power to issue writs of injunction, for affirmative relief, having the force and effect of a writ of restitution, restoring any person or persons to the possession of any mining property, or premises from which he or they may have been ousted by fraud, force or violence, or from which he or they are kept out of possession by threats, or by words, or actions, which have a natural tendency to excite fear or apprehension of danger, or whenever such possession was taken from him or them by entry of the adverse party on Sunday, or a legal holiday, or while the party in possession was temporarily absent therefrom; the granting of such writ to extend only to the right of possession under the facts of the case in respect to the manner in which the possession was obtained, leaving the parties to their legal rights on all other questions, as though no such writ had issued; provided that no such writ shall issue except upon notice in writing to the adverse party, of at least five days, of the time and place of making such application, if made in vacation, and if made in term time, not before defendant

or defendants have been duly served with process, and required to appear and answer by virtue of such service. And if the defendant or defendants shall file an answer to the complaint upon which such application is founded, denying under oath the material averments in said complaint contained, the said court or judge thereof shall hear evidence in support of said complaint or answer, or may cause the said application to be referred to a referee, to take such proofs in support of said complaint and answer, and shall direct the said referee to report the proofs to the said court or judge within a reasonable time, allowing to the complainant and defendant a reasonable time in which to take proofs; and the time so allowed by said court or judge for the purpose of taking testimony shall be equally divided between said complainant and defendant; and it shall be the duty of the complainant or complainants to take his, her or their testimony first, and the defendant or defendants shall proceed to take his, her or their proof within the last half of said time so allowed, and the said court or judge shall adjourn the hearing of the said application until some day within a reasonable time after the time of taking and completing said proofs, and at such time, upon the hearing of said referee's report, shall grant or refuse said writ, as the pleadings and evidence in said cause or proceedings may warrant or require; and, provided further, that no such writ shall issue in favor of any person or persons, to restore to such person or persons, possession of any mining property, if the said person or persons shall have obtained or procured possession of said property by violence, or by fraud, or by taking possession of the same while the adverse party in possession was temporarily absent therefrom; and, provided further, that appeal as in other cases, shall be allowed from any final order or decree granting an injunction under the provisions of

this section; but such appeal shall not have the effect to suspend the operation of said writ, after an order or decree is made by the court or judge granting the same, nor to continue one in force after an order or decree is made dissolving any injunction pending the appeal. When application is made for such an injunction for affirmative relief, as contemplated in this section, the court or judge shall immediately, on the filing of the complaint. issue a temporary injunction, as provided for in Section 126 of this act.1

1 Code Col., p. 51; see ante, § 158, injunction.

$255. Notice essential to affirmative relief.—SEC. 138. No writ of injunction for affirmative relief, having the force and effect of a writ of restitution, shall be valid or have any force whatsoever, if issued without notice and without complying with the provisions and conditions of the preceding section.1

1 Code Col. p. 52.

MISCELLANEOUS PROVISIONS FROM THE GENERAL LAWS.

§ 256. Coal mines. Section one of the act requires the fencing of slack piles against loose cattle or horses. Section two requires the fencing or filling of abandoned coal pits or shafts, so as to furnish permanent protection to live stock. Section three declares a violation of either of the preceding sections to be a misdemeanor, punishable by a fine not less than twenty nor more than one hundred dollars, in addition to liability to the party injured.2

1 Chapter xiv.

2 Gen. Laws, p. 126.

§ 257. Commissioner of mines.1-The act, by section two, fixes the term at four years, and authorizes the filling of temporary vacancies during the recess of the

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.

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§ 258. Mining companies.—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 sessed to the amount of 5 per cent. of its par value, not oftener than once in three months; and such ssment can only be authorized by a stockholders' ting, and by those representing a majority of the , of which meeting there shall be published notice, oks in a weekly newspaper where the operations

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