CHAPTER 119. MINES AND MINING MINE REGULATIONS. (H. B. No. 220, by Messrs. White and Roberts.) AN ACT TO AMEND SECTION 4294 OF THE REVISED STATUTES OF Be It Enacted by the General Assembly of the State of Colorado: That section 4294 of the Revised Statutes of Colo- Act amended. rado, 1908, be amended to read as follows: Section 1. That in all shafts, hereafter constructed, collar of collars of same shall be protected in such manner that shaft. persons or foreign objects cannot fall into the shaft. In all shafts equipped with cages, safety clutches or dogs, and safety chairs shall be used. The safety chairs shall be so constructed and of such material that, in the event of the cage being raised to sheave wheel, the cage will be chairs. held by such chairs or other devices and prevented from falling into the shaft. In shafts equipped with buckets, shaft doors. shaft doors must be constructed that will prevent any material falling into shaft from dumping. Safety Sec. 2. In all mines operating cages, such cages Cage gates. shall be equipped with gates and such gates shall be used whenever cages are being operated for the purpose of lowering or hoisting men who are coming on or going off Repeal. shift and whenever an injured man is being brought to the surface. Sec. 3. All acts and parts of acts inconsistent herewith are hereby repealed. Approved: April 13, 1915. CHAPTER 120. MINES AND MINING ORE BUYERS. (S. B. No. 258, by Senator Elliot.) AN ACT TO REGULATE THE BUSINESS OF MILLING, SAMPLING, CON- Be It Enacted by the General Assembly of the State of Colorado: must have Section 1. That hereafter it shall be unlawful for Ore buyers any person, firm, association or corporation, without first license. procuring the license hereinafter provided for, to engage in the business of milling, sampling, concentrating, reducing, purchasing or receiving for sale ores, concentrates or amalgams, bearing gold or silver, gold dust, gold or silver bullion, nuggets or specimens. Every person, firm, association or corporation engaged in such business shall pay a license tax of one hundred dollars License fee. ($100.00) per annum to the State of Colorado. No license Qualifications shall be granted to any person, firm or association unless of licensee. such person and the members of such firm or association shall be bona fide residents of the State of Colorado; and no license shall be granted to any joint stock company or corporation organized under the laws of any other state or foreign country unless such company or corporation has complied with all the laws of this state relating to the qualification of foreign corporations to do business in this state; Provided, That this section shall not be Application for license. Contents of application. Term of license. License displayed. Application filed for thirty days. Notice of application. Protests. Hearing on protest. License may be revoked. construed as requiring a license for any mill, sampler, concentration or reduction plant used exclusively by the owner in sampling, milling, reducing or concentrating ores produced by himself; And provided further, That this section shall not be construed as requiring a license for any mill, sampler, concentration or reduction plant used exclusively for the sampling, milling, reducing or concentrating of ores for hire. Sec. 2. The application for license to carry on such business must be made to the Secretary of State of the State of Colorado, and shall contain the full names and addresses of applicants, if natural persons, and in the case of firms and associations the full names and addresses of the members thereof, and in the case of joint stock companies and corporations, the full names and addresses of the officers and directors thereof, and under what law or laws incorporated, and the place or places where such business is to be carried on. Such application shall be sworn to by the person making it. Every license granted shall date from the first day of the month in which it is issued and expire on the 31st day of the fol lowing October, and such license or copies thereof shall be kept conspicuously displayed in the place or places of business of the licensee within the State of Colorado. Every application shall be filed not less than thirty days prior to the granting of such license, and notice of the filing of such application shall be posted in the office of said Secretary of State and be published at the cost of the applicant once a week for three successive weeks in a newspaper published in the county or counties where such business is to be carried on. Protest may be made by any person to the issuing of such license, and when such protests are filed with the said Secretary of State, the latter shall give notice of and hold a public hearing upon such protest before issuing such license. The said Secretary of State shall have the power to reject any application or license after a hearing upon such protest as aforesaid, and he shall also have power to revoke any license for failure on the part of the licensee to observe this act or any part thereof, or when the licensee shall have violated the provision or provisions of any law of Appeal refusing license. from order or revoking filed on the State of Colorado relating to ore buying or of any law of said state relating to the larceny of ores or their products, or receiving the same when stolen, Provided, That no license shall be revoked except upon written charges filed by two or more reputable persons as accusers, specifying the violations of law for which revocation is sought, and after a public hearing as in case of protests against the granting of licenses. From any order granting, refusing or revoking a license made by the Secretary of State under this act, an appeal may be taken to the district court within and for the county where the appellant or appellants reside, by any person or persons who may feel aggrieved thereby and whose name or names appear in the record of the proceedings before the Secretary of State, as a licensee, applicant for license, protestant or accuser. Such appeal shall be taken by lodging in the office of the clerk of said court a certified Transcript copy of the transcript of the proceedings before the Sec- appeal. retary of State, including copies of all papers filed therein, and the payment of a docket fee of five dollars. The transcript shall be accompanied by a short petition naming the person or persons taking the appeal as plaintiff or plaintiffs, and the Secretary of State as defendant, and praying for a review of the order appealed from. Within ten days after lodging such appeal, the appellant Notice of appeal. or appellants shall serve notice of its pendency upon the Secretary of State, in writing; and if the appeal be from an order granting a license or refusing to revoke a license, such notice shall also be served upon the person to whom the license was thereby granted or whose license was thereby permitted to remain in force. Such notice may be served by personal delivery or registered mail, and proof of service shall be made to the satisfaction of the court, if not admitted. No appeal shall be allowed unless taken within thirty days after the entry of the order appealed from. The said court shall try all such appeals summarily and de novo, upon the transcript and such evidence as may be offered and admitted. When the court has finally determined any such appeal it shall forthwith cause its order in the premises to be certified to the Secretary of State. The costs in such appeal shall Appeal tried certified to of State. |