Section. CHAPTER CXLVI. TOWN SITES. 6482. To whom lots conveyed. 6483. 6484. 6485. Trustees convey to parties entitled. Defective deeds and contracts legalized. Shall not affect superior adverse interests. 6486. Notice of entry-Publication-Who notify. 6487. Claimant deliver statement in 90 days-Contents-Bar-Residue. 6488. Appraisers-Oath-Time-Appraise 6489. 6490. 6491. ment. residue-Failure-Appoint Duty of appraisers-Values-Verification-Exception. Sold to highest bidder-How sold-Adjournment-New sales. 6492. Judge convey streets, etc.-Mayor deliver statement. 6493. Additional time allowed town to obtain conveyance. 6494. Occupants who may purchase at appraised value. Authorities may reserve lots or blocks. 6495. 6496. Application of proceeds of sale. claim-Suit-Parties-Interested judge-Venue-Dis trict court-Proceedings-Pleadings-Testimony. Trial-Priority of right-Abandonment. 6497. Adverse 6498. 6499. 6500. Adverse claim-Procedure where claimant does not bring suit in sixty days. Suit-Service-Publication. 6501. Appeals-Writs of error. 6502. Corporate authorities or judge state accounts-Charges, how paid. 6503. Charges paid before deed-Deed, how executed. 6504. 6505. Board appoint commissioner to sell and convey-Removal-Open office-Fees-Bond. When judge signs deed-Private sale to town. 6506. Town clerk copy order and file with recorder-Record-Evi dence. €507. Deeds to claimants-Not while adverse claim. 6508. When judge trustee and claimant, no deed required-Adverse SECTION 1. That, when the corporate authorities of any town, or the judge of the county court for any county in this state in which any town may be situated, shall have entered, at the proper land office, the land, or any part of the land, settled and occupied as the site of such town, pursuant to, and by virtue of, the act of congress, entitled "An act for the relief of the inhabitants of cities and towns upon the public lands," approved March 2d, 1867. (Revised Statutes, U. S., section 2387.) Also, an act of congress, entitled "An act respecting the limits of reservations for town sites upon the public domain," and any amendments that may be made thereto, it shall be the duty of such corporate authorities or judge (as the case may be), and they are hereby directed and required, to dispose of and convey the title to such land, or the several blocks, lots, parcels or shares thereof, to the persons hereinafter described, and to apply the proceeds of sale thereof in the manner hereinafter specified, and this section shall have the same force and effect, as to all acts performed and all deeds made and executed by such corporate authorities or judge, in conformity with said act of March 1st, 1881, as if said act had read as herein amended; and all titles conveyed by such deeds, together with all such acts so performed, are hereby ratified and confirmed. Legislation. Sec. 6482. Act 1885 p. 382 § 1, amending Act of 1881 p. 237 § 1. G. S. § 3270. Substitute for § 4 of Act of 1872 p. 206 which amended § 1 of Art. 12 of R. S. Ch. 84, a reprint of § 1 of Act of 1864 p. 139. Omitted in G. L. The 1881 Act recited the Act of Congress of May 23, 1844 (5 Stat. L. 657). The second Act of Congress recited in the text was approved March 3. 1877. 19 Stat. L. p. 392. The Colorado Act of 1881 referred to is the Act, the title of which is found in note to § 6483. CITATIONS. Under the acts of congress of 1844 and 1864 the execution of the trust is under the exclusive direction of the legislative assembly.-Denver v. Kent, 1 C. 336. When title was acquired to the townsite of Denver under the act of congress of 1864 the prior territorial act came into effect. -Cofield v. McClellan, 1 C. 370. The acts of congress of 1844 and 1864 and the territorial act of 1864 cited in considering the presumption raised by a conveyance by the trustee.-Eyster v. Gaff, 2 C. 229. The act of congress construed in connection with the act of 1870 p. 150 concerning the townsite of Georgetown.-Georgetown v. Glaze, 3 C. 234. One co-tenant acquiring title under this chapter of R. S. 1868 was not within the rule touching co-tenants as trustees in case of the acquisition of an outstanding title.-Gillett v. Gaffney, 3 C. 352. The act of congress of 1864 and the territorial act of 1872 construed in an action concerning a town lot in Denver.— Anderson v. Bartels, 7 C. 266, 3 P. 230. The acts of congress of 1844 and 1864 cited in holding valid the patent to the original townsite of Denver.-Schwenke v. Union D. & R. Co., 7 C. 513, 4 P. 905. The several acts of congress in the territorial and state acts cited in an action concerning a lot in the townsite of Pueblo.-Murray v. Hobson, 10 C. 70-72, 13 P. 923. The legislature in prescribing rules for the execution of the trust can not change it by substituting other parties to receive its benefits than those indicated by the law of congress.-Aspen v. Aspen T. & L. Co., 10 C. 204, 15 P. 801. Pueblo v. Budd, 19 C. 580, 36 P. 599 Several territorial acts concerning townsites cited in illustrating the evils attending the amendment of statutes by reference to the title only.-Denver Circle R. Co. v. Nestor, 10 C. 412, 413, 15 P. 719. The congressional acts of 1844 and 1866 considered in connection with the territorial act of 1864 as to the presumption raised by deed executed by probate judge.-Chever v. Horner, 11 C. 69, 71, 17 P. 497. The acts of congress and the territorial act of 1864 and the special act of 1872 referring to the townsite of Denver cited in considering the effect of a deed bounded on Cherry Creek.— Denver v. Pearce, 13 C. 385, 22 P. 774. CITATIONS CONTINUED. The statute of 1881 was intended as a supplement to congressional legislation. It was competent for corporate authorities to employ council in obtaining a townsite patent, but not to pay them for selling lots.-Hayward v. Red Cliff. 20 C. 37, 36 P. 796. The townsite act is a special statute and proceedings under it are not controlled by the code.-Rice v. Goodwin, 2 A. 268, 30 P. 330. was A townsite takes no title to a mineral vien which known before application for title by the town.-Moyle v. Bullene, 7 A. 308, 44 P. 69. 6483. Trustees convey to parties entitled-Leed. SEC. 2. And such corporate authorities, or judge holding the title of such lands in trust, as declared in the said act of congress, his or their successors, shall, by a good and sufficient deed of conveyance, grant and convey the title to each and every block, lot. share or parcel of the same to the person or persons who shall have, possess or be entitled to the possession or occupancy thereof according to his, her or their several and respective rights or interest in the same, as they existed in law or equity at the time of the entry of such lands, or to his, her or their heirs or assigns. Every deed to be made by such corporate authorities or by such judge, pursuant to the provisions of this act, shall be so executed and acknowledged as to admit the same to be recorded. Legislation. Sec. 6483; G. S. § 3271. Act 1881 p. 237 § 2, entitled: AN ACT To Provide for the Disposal of Town Lots and the Proceeds of Sale in Town Sites Entered on the Public Lands. Substitute for § 2 of Art. 12 R. S. Ch. 84. Sec. 2 of Act of 1864 p. 139. CITATIONS. Under the congressional acts of 1844 and 1864 the power of the trustee was limited to the act of entry and he could not convey until the legislature pointed out a method.-Denver v. Kent, 1 C. 342. Conveyance by the successor of the donee was sufficient to convey title upon which the grantee could maintain ejectment. -Smith v. Pipe, 3 C. 187. Proof of actual occupation must be made whether the claimant be an individual or a town company. The law was not made for speculators.-Aspen v. Aspen T & L. Co., 10 C. 204, 15 P. 801. CITATIONS CONTINUED. A trustee is not authorized to designate any part of the tract in possession of an actual occupant as a part of a street. One not a beneficiary can not question the validity of the trustee's deed.-Laughlin v. Denver, 24 C. 258, 50 P. 918. A deed by a commissioner appointed by the municipal authorities passes no title.-Rice v. Goodwin, 2 A. 268, 30 P. 330. 6484. Defective deeds and contracts legalized. SEC. 3. That in all cases where the city authorities of any city or town in this state, have contracted and sold, or conveyed or attempted to convey, by deed or deeds, to any person or persons, any unclaimed lot or lots constituting a portion of the original townsite of the said city or town, and which contract, deed or deeds of conveyance, are defective by reason of want of appraisement of the said lots, or of a public sale thereof to the highest bidder such contracts of sale and conveyances heretofore made, be and the same are hereby declared to be valid and sufficient to vest in the grantee or grantees in such deeds and contracts named all the right, title and interest, both legal and equitable of the said city or town, in and to the premises therein described, and all such contracts of sale of such lots heretofore entered into with any person or persons shall be carried out, fulfilled and performed according to the true intent and meaning thereof the same as if originally valid. Legislation. Sec. 6484. Act of 1891 p. 391 § 1, entitled: AN ACT Legalizing Certain Conveyances of Town Lots by the City Authorities of Cities and Towns in This State and Declaring the Effect Thereof. 6485. Shall not affect superior adverse interest. SEC. 4. This act shall not apply to, or in any way affect, any lot or lots, or any part or parts thereof, that have been and still are in the actual bona fide occupation of any person or persons in an interest adverse and superior to the person or persons having received such conveyance or conveyances hereby legalized. Legislation. Sec. 6485. Act of 1891 p. 391 § 2, cited under § 6484. 6486. Notice of entry-Publication-Who notify. SEC. 5. Within thirty days after the entry of such lands the corporate authorities or judge entering the same shall give public |