declared to be a nuisance and shall be abated upon a com-Nuisance. plaint, hearing and judgment, or order, of court in a proceeding in the District Court, of the district where such article of food, drug, or liquor, is found, by seizure and How abated. confiscation for destruction or sale. If such article is condemned as being adulterated, or misbranded, or as being of a poisonous, or deleterious character, within the meaning of this act, it shall be disposed of under the proper order of court by destruction, or by sale in the Article manner provided for the sale of chattels under execu-destroyed or tion, in the discretion of the court; and the proceeds sold under thereof, if it be sold, less the legal cost and charges. shall be paid to the State Treasurer; but such article of food, or drug, shall not be sold in any jurisdiction contrary to the law thereof. order of court. Sec. 10. The word "person" as used in this act, shall "Person" be construed to import both the plural and singular, defined. as the case demands, and shall include corporations, companies, partnerships, societies and associations. When construing and enforcing the provisions of this act, the act, omission, or failure, of any officer, agent, or other Agent's actsperson, acting for or employed by, any corporation, com-how construed. pany, partnership, society, or association, within the scope of his employment, or office, shall in every case also be deemed to be the act, omission, or failure of such corporation, company, partnership, society or association, as well as that of the person. Sec. 11. In the opinion of the General Assembly an Emergency. emergency requires this act to take effect at a time later than ninety days after its passage; therefore, this act shall take effect and be in force on and after the 1st day of January, A. D. 1908. All acts and parts of acts inconsistent or in conflict herewith are hereby repealed. Approved, March 7th, 1907. CHAPTER 2. ALIENS. INDIGENT. Reports-by whom. (H. B. No. 492, by Mr. Redd.) AN ACT AN ACT TO REQUIRE SUPERINTENDENTS OF PUBLIC HOS- Be it Enacted by the General Assembly of the State of Colorado: Section 1. That immediately upon the passage of this Act and within thirty days after the same shall take effect it shall be and is hereby made the duty of the Superintendents of all public hospitals, County poor farms, County Hospitals, insane asylums or other public institutions kept and supported by public funds for caring for persons who have become public charges of this State, to make report to the State Board of Charities and Corrections of the State of Colorado in writing, of all indigent persons committed to any such institution which said indigent persons are subjects of foreign countries, or what is known as diseased and dependent aliens under Act of Congress approved March 3, 1903, such report shall include the name, the nativity, the age, What reports the time of arrival in the United States, upon what shall contain. steamer and name of steamship line, at what port of entry, on or about the date of arrival in the United States, what date they were admitted to any such public institution, the cause of their commitment to such institution, and if insane, shall include the certificate of the examining physician. Charities and And hereafter it shall be the duty of each of said superintendSuperintendents of any of said institutions named in thisents report to Act immediately upon and within thirty days after the State Board incarceration of any such indigent persons in any such Corrections. institutions, to make like reports to the State Board of Charities and Corrections of the State of Colorado of all such cases. Immediately upon the passage of this Act it shall be the duty of the Secretary of the State Board secretary of of Charities and Corrections to provide suitable blanks board provide for Superintendents' reports as provided in this section blanks. of this Act together with blanks for physicians' certificates concerning insane persons who are foreigners or subjects of foreign countries incarcerated in such institutions. Corrections Sec. 2. Immediately upon the receipt of any such secretary reports from the Superintendents of such public hospitals, Board of poor farms, County hospitals, insane asylums or other Charities and public institutions kept and supported for caring for report to persons who have become public charges, it shall be the United States duty of the Secretary of the State Board of Charities Bureau. and Corrections to make separate reports thereof for each individual person so incarcerated in said institution to the United States Bureau of Immigration of Denver, Colorado, and if any such persons are liable to deportation from the United States under Act of Congress approved March 3, 1903, and the United States Bureau of Immigration shall so hold, and in case any such persons subject to deportation shall become public charges for causes arising subsequent to landing in the United States, the State Board of Charities and Corrections shall cause to be issued an order upon the Auditor of State for any Auditor draw warrant upon the fund provided for in this Act in suffi-warrants. cient amount to pay the expense of delivery of any such public charge or indigent alien at the seaport from which Deportation of deportation is to take place, and thereupon any such alien. Payment of deportation. Appropriation. alien shall be delivered to the United States Bureau of Immigration at the seaport from which deportation is to take place for deportation, as provided in said Act of Congress. Sec. 3. It shall be the duty of the State Board of Charities and Corrections immediately upon the passage of this Act to enter into an agreement with the United States Bureau of Immigration at Denver, Colorado, providing for the deportation and payment of the maintenance of indigent, diseased and dependent aliens as provided in Act of Congress Approved March 3, 1903. Sec. 4. That for the purpose of carrying into effect this Act there is hereby appropriated out of any public funds in the hands of the State Treasurer the sum of Fifteen Hundred ($1,500) Dollars, or so much thereof as may be necessary for that purpose, the same to be known as a fund for the deportation of indigent aliens. All moneys paid to the State Board of Charities and Corrections by the United States as provided in said Act of State Treasurer Congress shall be paid to the Treasurer of the State of Colorado and by him kept in said fund. keep fund. Duties of county court. Emergency. Sec. 5. It shall be the duty of every County Court of this State or other Court upon whose order insane or lunatic persons are committed to any of the State institutions mentioned in Section 1 of this Act to make diligent inquiry upon examination of such persons as may have knowledge of all facts concerning the nativity of persons so committed and if found to be alien, whether same are naturalized or unnaturalized, and if found not to be naturalized, all the facts provided for in the report of Superintendents to the State Board of Charities and Corrections as provided in Section 1, and certify to such facts so found to the said Superintendent of any such institution wherein committed. Sec. 6. In the opinion of the General Assembly an emergency exists; therefore, this Act shall take effect and be in force from and after its passage. Approved April 9th, 1907. CHAPTER 3. APPROPRIATION. BOARD OF AGRICULTURE. (S. B. No. 61, by Senator McCarthy.) AN ACT MAKING AN APPROPRIATION TO THE STATE BOARD OF Be it Enacted by the General Assembly of the State of Colorado: Section 1. That twelve thousand ($12,000) dollars Appropriation. is hereby appropriated out of the moneys of the state treasury not otherwise appropriated, to the State Board of Agriculture, and the State Board of Horticulture, for the benefit of the State Fair Fund for the years 1907 and 1908. Sec. 2. That said appropriation be made for the state Fair years 1907 and 1908, and that out of said sum of twelve Board. thousand ($12,000) dollars the sum of five thousand ($5,000) dollars shall be appropriated for each year to the State Board of Agriculture, constituting the State Fair Board, to be awarded under the rules and regulations adopted by said board, for cash premiums and maintenance of The Colorado State Fair, under such conditions and provisions as may by such board be determined, and as provided by law. Sec. 3. That out of said appropriation of twelvestate Board thousand ($12,000) dollars, the sum of one thousand ($1,-Horticulture. 000) dollars shall be appropriated for each year to the State Board of Horticulture, to be awarded under the rules and regulations adopted by the State Board of Horticulture, for cash premiums, for the best display of horticultural exhibits at the state fair. |