COLORADO.

DIGEST OF IMMIGRATION AND ALIEN LAWS.

Act of 1861 (an act concerning aliens).-Under the act of 1861 aliens may take, hold, and bequeath real property as citizens. The personal estate of an intestate alien shall be distributed as that of a citizen.

Act of 1864 (an act to exclude traitors and alien enemies from courts of justice in civil cases).-An act was passed in 1864, provoked by dissensions and civil war, excluding from civil courts of justice persons regarded as traitors to the Union or alien enemies.

Act of 1872 (an act to create and provide for a board of immigration for Colorado).-By the act of 1872 a board of immigration is created consisting of five members who shall be appointed by the governor. The board shall "put into execution such measures as will best promote and encourage immigration to the Territory, and for this purpose it shall publish and disseminate useful information concerning the developed and undeveloped resources of the Territory." Terms of office shall be two years. Members shall receive compensation per diem for actual service, and also expenses. Subscriptions and donations shall be accepted and registered. The board may appoint agents. A competent citizen in each county may be appointed corresponding secretary.

Act of 1889 (an act to create a bureau of immigration and statistics and to provide for its government).--The act of 1889 creates a bureau of immigration and statistics and provides that the governor shall appoint a state superintendent of immigration for the performance of

duties pertaining to the encouragement and supervision of immigration. The superintendent shall accumulate all information at his command relating to" the resources, productions, and advantages of the State. He shall make exhibits of the products and industries. of the State at industrial expositions held in other States. All public officers shall cooperate in facilitating his work. The superintendent shall keep on exhibit samples of productions of the State. He shall maintain files of all publications issued in the State. Each county assessor is made county superintendent of immigration.

Act of 1889 (nonresident aliens). The act of 1889 was passed to amend sections 1 and 5 and to repeal sections 4 and 6 of the law of 1887, enacted to prevent nonresident aliens from acquiring real estate in Colorado and for the forfeiture of such property hereafter acquired.

Act of 1891 (aliens).--The act of 1891 was intended to repeal the existing laws preventing nonresident aliens from acquiring real estate in Colorado and for the forfeiture of property acquired subsequently to the acts.

Act of 1897 (immigration bureau). The act of 1897 repeals the laws enacted in 1889 and 1891 on the subject of immigration.

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Act of 1907 (indigent aliens).-An act was passed in 1907 to regulate state charitable institutions and to require reports of all alien indigents admitted to be transmitted at stated times to the state board of charities and corrections and the United States bureau of immigration.

Act of 1907 (immigration). The act of 1907 empowered the boards of county commissioners to levy a special tax to promote immigration.

Revised statutes, 1908 (aliens).--The revised statutes of 1908 report laws enacted relating to property rights of aliens; reports of indigent aliens in state institutions; reports to be transmitted to the United States bureau of immigration; contract with the United States for deportation; fund for the deportation of indigent aliens; and the examination upon lunacy inquest as to nativity.

Act of 1909 (immigration board).-An act was passed in 1909 to establish a state board of immigration, for the employment of a commissioner of immigration and other employees, to provide for the safe-keeping and expenditure of public subscriptions, and to appropriate money to pay the expenses of the board. The purpose of the board is to properly advertise the resources and attractions of the State among the people of other States and nations, and to stimulate the increase of population and the development of the State by immigration and investments.

Act of 1909 (immigration).-The act of 1909 was passed to extend the life of incorporated companies organized to aid, encourage, and induce immigration to Colorado.

IMMIGRATION AND ALIEN LAWS.

ACT OF 1861.

[Laws of Colorado, 1861, p. 57.]

AN ACT Concerning aliens.

Be it enacted by the council and house of representatives of Colorado Territory: All aliens residing in this Territory may take by deed, will, or otherwise, lands and tenements and any interest therein, and alienate, sell, assign, and transmit the same to their heirs or any other persons whether such heirs or other persons be citizens of the United States or not; and upon the decease of any alien having title to or interest in any lands or tenements, such lands and tenements shall pass and descend in the same manner as if such alien were a citizen of the United States; and it shall be no objection to any person having an interest in such estate that they are not citizens of the United States, but all such persons shall have the same rights and remedies, and in all things be placed on the same footing as natural-born citizens of the United States. The personal estate of an alien, dying intestate, who at the time of his death shall reside in this Territory, shall be distributed in the same manner as the estate of natural-born citizens, and all persons interested in such estate shall be entitled to their proper distributive shares thereof under the laws of this Territory, whether they are aliens or not.

This act shall take effect from and after its passage.
Approved, November 4, 1861.

COLORADO STATUTES.

[Mills Annotated Statutes, Colorado, 1891, ch. 3, sec. 1-2507, A-I, p. 421.]

AN ACT Concerning aliens (approved Nov. 4, 1861).

99. Aliens, bona fide residents, may acquire, inherit, possess, enjoy, and dispose of property-descent-distribution. All aliens may take, by deed, will, or otherwise, lands and tenements and any interests therein, and alienate, sell, assign, and transmit the same to their heirs, or any other persons, whether such heirs or other persons be citizens of the United States or not, and upon the decease of any alien having title to, or interest in, any lands or tenements, such land and tenements shall pass and descend in the same manner as if such alien were a citizen of the United States; and it shall be no objection to any person having an interest in such estate that they are not citizens of the United States; but all such persons shall have the same rights and remedies, and in all things be placed on the same footing as natural-born citizens of the United States. The personal estate of an alien dying intestate who at the time of his death shall reside in this state shall be distributed in the same manner as the estate of natural-born citizens; and all persons shall be entitled to their proper distributive of shares of such estate under the laws of this State, whether they are aliens or not.-(L., 1861, p. 57; R. S., 1868, p. 45; amended, L., 1870, p. 43; G. L., 1877, p. 90, § 15; G. S., 1883, p. 132, § 61.)

ACT OF 1864.'

[General Laws of the Legislative Assembly of the Territory of Colorado, 1864, p. 157.] AN ACT To exclude traitors and alien enemies from courts of justice in this Territory in civil cases.

Be it enacted by the council and house of representatives of Colorado Territory:

SECTION 1. If at any time a defendant, or one of several defendants, in any civil case which is now or shall be hereafter pending in any court of record in this Territory, shall file in the office of the clerk of the court in which such cause is pending, the affidavit of such defendant, or of some credible person, stating that the person making such affidavit had good reason to believe, and does believe, that the plaintiff is not loyal to the Government of the United States, and shall serve upon the plaintiff or plaintiffs, if natural persons, or his or their attorney, a written notice objecting to the further prosecution of the suit on the ground of the disloyalty of the plaintiff, it shall be the duty of the court to arrest and stay all proceedings in the cause until such plaintiff shall make and subscribe before some officer authorized to administer oaths, and file, in such cause, an affidavit in the following form, to wit:

I, [here insert the name of the plaintiff] do solemnly swear that I will support the Constitution of the United States, and the organic act of the Territory of Colorado; that I will bear true faith and allegiance to the Government of the United States, any ordinance, resolution, or law of any State or Territory, or of any convention or legislature thereof to the contrary notwithstanding; that I have not since the [here insert the date of the passage of this act] knowingly aided, encouraged, countenanced, or assisted, nor will I hereafter, in any

manner, aid, encourage, countenance, or assist, any person or persons in act of rebellion, nor the so-called Confederate States, nor any of them, in their rebellion against the Government of the United States; and this I do without any qualification or mental reservation whatsoever. So help me God.

And if the said plaintiff shall fail to make and file such affidavit within ten days after the giving of such notice, if a resident of the county, or within thirty days, if a resident of the Territory and not of the county, or if not a resident of the Territory, then within such further reasonable time as the court or a judge thereof shall determine, such cause shall thereupon be dismissed absolutely, and no other action or suit shall ever be maintained by such plaintiff, or his grantees, assigns, or representatives, for the same cause of action: Provided, That the time may, for cause shown, be enlarged by the court or the judge thereof, and that the court may relieve against any forfeiture, default, or dismissal of a cause arising from accident, mistake, or surprise: And provided, That when the plaintiff sues as a trustee or to the use of another, the oath may be taken by the person for whose benefit the action is prosecuted: And provided further, That where the plaintiff is a foreigner by birth, who has never been naturalized, nor declared his intention to become a citizen of the United States, he may make and file the following affidavit, in lieu of that hereinbefore prescribed:

I, [here insert the name] do solemnly swear that I will not at any time or in any manner, aid, encourage, countenance, or assist the so-called Confederate States, or any of them, in their rebellion against the Government of the United States, and that I will not, while a resident of the United States, or in the Territories thereof, knowingly commit, or aid, or assist in, or countenance, or encourage any act tending to subvert the Constitution or Gvernment thereof. So help me God.

SEC. 2. If a set-off shall be pleaded by the defendant in any civil suit, the plaintiff may at any time, by filing an affidavit and giving notice to the defendant as provided in section 1 to be filed and given by the defendant, and thereupon if the defendant shall fail to make and file a like oath within the respective times in said section above limited, such set-off shall be disregarded by the court, and the cause shall proceed as if the same had not been pleaded, and no suit shall ever be maintained by the said defendant, his grantees, representatives, or assigns for the same cause of action.

SEC. 3. No attorney, or counselor at law, or solicitor in chancery shall be permitted to practice in any of the courts of law or equity in this Territory until he shall have taken and filed in the office of the clerk of the supreme court or in the office of the clerk of the district court in which such attorney, counselor, or solicitor desires to practice, the oath prescribed by this act, and for every willful and intentional violation of the provisions of this section the person so offending shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than five hundred dollars nor more than two thousand dollars, for the use of the Territory.

SEC. 4. This act shall take effect and be in force from and after its passage.

Approved, March 5, 1864.