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Failure to docketeffect.

Bond where penalty imposed is jail sentence.

Repeal.

the next succeeding term of said court, wherein the said cause may be tried as provided by law, Provided, That if such appellant shall not pay the docket fee of five dollars required by said county court at the first day of said term thereof, then the said appeal shall be dismissed by said court.

Sec. 2. If the penalty assessed by the justice of the peace against the person so convicted, as aforesaid, should be a jail sentence exclusively, then and in such event the said justice of the peace shall fix the amount of the penalty in said appeal bond in a sum sufficient to insure the appearance of said appellant in the county court as aforesaid, calculating two dollars per day for the time fixed in the jail sentence, and for the payment of all costs and judgment that said court may render in said. action.

Sec. 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved: April 12, 1915.

CHAPTER 115.

LIBRARIES

STATE LIBRARY.

(S. B. No. 250, by Senator Williams)

AN ACT

TO DISPOSE OF NEWSPAPERS IN THE STATE LIBRARY.

Be It Enacted by the General Assembly of the State of Colorado:

Newspapers in library may be

Section 1. The state librarian is hereby directed to turn over to the librarian of any free public library in this state, if desired for public use therein, the news- given to papers published in this state that are now on file in the libraries. state library, or that hereafter may be donated thereto.

other

Sec. 2. All acts and parts of acts in conflict here- Repeal with are hereby repealed.

Approved: April 12, 1915.

CHAPTER 116.

LIENS

LIENS OF MECHANICS AND OTHERS.

Act amended.

Mining property subject to lien.

(H. B. No. 155, by Mr. Sabin)

AN ACT

TO AMEND SECTIONS 4028 AND 4034 OF THE REVISED STAT-
UTES OF COLORADO, 1908, BEING THE SAME AS SECTIONS
FOUR (4) AND TEN (10) OF AN ACT APPROVED APRIL
12TH, 1899, ENTITLED "AN ACT TO SECURE TO MECHAN-
ICS AND OTHERS AND TO REPEAL AN ACT ENTITLED 'AN
ACT TO SECURE LIENS TO MECHANICS AND OTHERS, AND
TO REPEAL ALL LAWS IN CONFLICT THEREWITH,' AP-
PROVED APRIL 3RD, 1893, AND ALL ACTS AND PARTS OF
ACTS IN CONFLICT HEREWITH," AND TO REPEAL AN ACT
ENTITLED "AN ACT PROVIDING A LIEN FOR MINERS, MILL
MEN AND THOSE FURNISHING MATERIALS FOR MINERS
AND MILLS OR EITHER OF THEM," APPROVED JUNE 4TH,
1911.

Be It Enacted by the General Assembly of the State of Colorado:

Section. 1. That section 4028 of the Revised Statutes of Colorado, 1908, be, and the same is hereby amended so as to read as follows:

Section 4028. The provisions of this act shall apply to all persons who shall do work or shall furnish materials or mining, milling or other machinery or other fixtures, as provided in section 1 of this act, for the working, preservation, prospecting or development of any mine, lode or mining claim or deposit yielding metals or minerals of any kind or for the working, preservation or development of any such mine, lode or deposit, in search of any such

metals or minerals; and to all persons who shall do work upon or furnish materials, mining, milling and other machinery or other fixtures, as provided in section 1 of this act, upon, in or for any shaft, tunnel, mill or tunnel site, incline, adit, drift or any draining or other improvement of or upon any such mine, lode, deposit or tunnel site; and to every miner or other person, who shall do work upon or furnish any coal, power, provisions, timber, powder, rope, nails, candles, fuse, caps, rails, spikes, or iron, or other materials whatever, as provided in section 1 of this act, upon any mine, lode, deposit, mill or tunnel site; Provided, That when two or more lodes, mines or deposits owned or claimed by the same person or persons shall be worked through a common shaft, tunnel, incline, adit, drift or other excavation, then all the mines, mining claims, lodes, deposits and tunnel and mill sites so owned and worked or developed shall, for the purpose of this act, be deemed one mine; And provided further, That this sec- If property tion shall not be deemed to apply to the owner or owners of any mine, lode, mining claim, deposit, mill or tunnel, where the work or labor shall have been performed for, or the materials furnished to, a lessee or lessees. Section 1 as herein referred to is section 4025 of the Revised Statutes of Colorado, 1908.

Sec. 2. That section 4034 of the Revised Statutes of Colorado, 1908, be, and the same is hereby amended so as to read as follows:

Two or more lodes held jointly.

leased.

Act amended.

Action to commenced months.

enforce lien

within six

Section 4034. No lien claimed by virtue of this act shall hold the property longer than six months after the last work or labor is performed, or materials furnished or after the completion of the building, structure or other improvement, or the completion of the alteration, addition to, or repair thereof, as prescribed in section 4033 of the Revised Statutes of Colorado, 1908, unless an action shall be commenced within that time to enforce the same Lis pendens and a notice of lis pendens shall be filed for record within that time in the office of the clerk and recorder of the county in which said land is situate; Provided, That where two or more liens are claimed of record against the same premises or property, the commencement of any action when. and the filing of the lis pendens notice aforesaid, within

filed.

suit by one

lien claimant sufficient,

Act repealed.

Saving clause.

Safety clause.

that time by any one or more of such lien claimants in which action or actions all the lien claimants, as appear of record, are made parties, either plaintiff or defendant, shall be sufficient.

Sec. 3. That an act entitled ""An Act providing a lien for miners, mill men and those furnishing materials for miners and mills or either of them," approved June 4th, 1911, be, and the same is hereby repealed, Provided, That the repeal of said act shall not be construed so as to affect any existing right, either as to remedy or otherwise, not to abate any suit, or action, or proceeding instituted, or pending, under the laws hereby repealed.

Sec. 4. It is hereby declared and enacted that this present act is a law necessary for the immediate preservation of the public peace and safety.

Approved: April 3, 1915.

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