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of Clear Creek to Empire City, shall be completed within fonr years; and that branch of said railroad running in a south easterly direction from the town of Golden City to the coal beds on Coal and Boulder Creeks, St. Vrain, Big Thompson and Cache la Poudre, shall be completed within five years; and the other branches of said railroad not mentioned in the foregoing section, to be completed within six years from the passage of this act.
SEC. 21. If the said company shall fail to complete or fail to cause to be completed any part, branch or branches of said rail road, within the time specified in section twenty-one of this act, then the said unfinished branch or branches, as meutioned in section two of this charter, shall be null and void.
SEC. 22, That so much of this act as authorizes or empowers the said corporation to construct a railroad from Golden City to Bijou Basin by way of Denver City, and all parts and portions of this act which relates to that branch of said railroad may be altered, amended, modified or repealed at any time hereafter by the Legislative Assembly of this Territory or any legislative body, having general legislative authority over the region of country in which the same is located.
SEC. 23. This act shall take effect and be in force from and after the passage thereof.
Approved February 9th, 1865.
To AMEND AN ACT ENTITLED “AN ACT FOR THE PROTECTION OF
FARMERS AGAINST THE DEPRÉDATIONS OF STOCK IN THE COUNTIES OF WELD AND DOUGLA8.
Be it enacted by, the Council and House of Representatives of
Colorado Territory :
SEC. 1. That section first of the act to which this act is amendatory, be amended by striking out the words “during the season for growing crops from the time of planting until said crops are gathered,” and insert in lieu thereof the following words “from the first of April to the first of November each year.”
Sec. 2, This act to take effect and be in force from and after its passage. Approved, February 10th, 1865.
TO INCORPORATE THE TRINIDAD, RATOON [RATON] MOUNTAIN
Be it enacted by the Council and House of Representatives of
Colorado Territory :
SEC, 1. Shat Richard L. Wootten, his legal associates and successors, are hereby constituted and declared a body politic and corporate, by the name and style of “The Trinidad and Ratoon Mountain Wagon Road Company,” and by that name shall be capable of making contracts, of sueing and being sued, impleading and being impleaded, in all matters whatsoever, in all courts of law and equity in this territory, and may have and use a common seal which may be altered at pleasure, which corporation hereby created shall continue for the term of ten years,
SEC. 2. Said company shall have power to construct a wagon road from Trinidad, upon the Purgatory [Purgatoire] river, in Huerfano County, thence to some point upon the southern line of the Territory of Colorado, through and over the Ratoon [Raton] Mountains by way of, or as near as possible to the old route known as the Santa Fe and Bent's old Fort road, and said company shall have power to make and afterwards to alter all needful rules and regulations for the government of said company.
Sec. 3. Said company shall have power to collect such tolls as may be fixed by the county commiesioners of Huerfano county, and any person who shall pass the gate or gates on said road and shall neglect or refuse to pay the toll, authorized to be taken by said commissioners, shall forfeit and pay twentyfive dollars, to be recovered by an action of debt by said corporators.
Sec. 4. The county commissioners of Huerfano county or any one of them shall be authorized to examine said road at any time, and if they or any one of them deem the road in bad condition they or he shall give the owners thereof written notice of the facts so considered, when if not prepared in thirty days, or a reasonable time, the charter shall be null and of no effect, and no person shall be liable to pay toll thereon.
Sec. 5. All fines accrueing under the provisions of this act shall be paid into the county treasury for the use of common schools of this territory.
SEC, 6. This act shall take effect and be in force from and after its passage.
oto isloh Approved February 10th, 1865.
TO INCORPORATE THE OVERLAND WAGON ROAD COMPANY.
Be it enacted by the Council and House of Representatives of
Colorado Territory :
SEC, 1. That Ben Holladay and Bela M. Hughes, and their legal associates, successors and assigns, shall be and they are hereby constituted a body politic and corporate, by the name and style of “The Overland Wagon Road Company,” and by that name they shall be capable of sueing and being sued, of pleading and being impleaded in all courts of law and equity, and of making contracts and doing all other acts necessary to the enjoyment of the rights and privileges hereby granted, and of adopting a common seal and altering the same at pleasure, and they shall [have] succession for the term of fifty years.
Sec. 2. The said corporation is hereby authorized and empowered to construct, keep in repair, and maintain, for the term of fifty years, a wagon road from Denver, in the County of Arapahoe, to the western boundary line of the Territory of Colorado, by way of Boulder City and the Arapahoe or Boulder pass, in the snowy range, which pass is at or near the source of North Boulder Creek, to the Middle Park, and thence to the western boundary of said Territory; Provided, That the said corporation shall, within six months after the passage of this act, locate the route of said road from Denver to the Middle Park aforesaid, and cause a description of the route so located giving the intermediate points on the same, as near as may be, to be filed in fhe office of the Secretary of Colorado Territory, verified by the oath of some officer of, or a stockholder in said corporation, and shall also, within eighteen months after the passage of this act, locate the remainder of the route of said road, aud cause a description thereof, verified as aforesaid, to be filed in the office of the Secretary of said Territory.
SEC. 3. The said corporation is hereby authorized and empowered to construct and maintain the necessary bridges and ferries at the crossings of all streams on the line of said road.
SEC. 4. It shall be lawful for said corporation to acquire, hold, sell and convey any land [or] property necessary for the use of said road, and for the use of collectors of toll on the
Sec, 5, The capital stock of said corporation shall be one hundred thousand dollars, and the same may be increased by the corporation to a sum not exceeding two hundred thousand dollars. The capital stock shall be divided into shares of one
hundred dollars each, and each share of stock shall be entitled to one vote at all meetings of stockholders to be cast by the holder thereof in person or by proxy.
Sec. 6, There shall be three directors of said company who shall be elected by the stockholders from among their number and one of said directors shall be president of the company.
SEC. 7. The directors of said company shall manage and conduct the business and affairs of the company, and they shall have power to make and afterwards alter or change all needful rules, regulations and by-laws for the government and manage ment of the business and affairs of said company, and to provide the manner of issuing and transfering (transferring] the stock of said company, to appoint such officers and agents as they may deem necessary, fix their salaries, and require and take such security from such officers and agents as they may deem expedient, they shall keep a journal of their proceedings and they shall cause correct books of accounts to be kept.
Sec. 8. The directors may make assessments upon the capital stock of said company, and require the payment of the same at such time and in such manner as they may deem necessary and if said assessments shall not be paid within the time fixed by the directors, they shall give notice to the delinquent stockholders of the fact that an assessment has been made which remains due and unpaid, by advertisement in some newspaper published in this territory, for at least twenty days, and after such notice shall have been given, if such assessment shall remain unpaid it shall be lawfull [lawful] for the directors to declare the stock, upon which such assessment shall be due and unpaid, forfeited. No delinquent stockholder shall be entitled to vote at any meeting of the stockholders of said company.
SEC. 9. The president and directors of said company shall hold their offices for one year and until their successors are elected and qualified, and all other officers of said company shall hold their offices for such term as may be prescribed by the by-laws.
Sec. 10. The stockholders of said company shall meet annually for the purpose of electing the President and directors of said company and transacting such other business as may be necessary , at such time and place as may be prouided in the by-laws, and at every such meeting the directors shall make a full and complete statement of the affairs and condition of the company and its operations during the preceeding [preceding] year, which statement, together with the books of account and record of proceedings of the company and of the board of directors, shall at als times be open to the inspection of the stockholders of said company,
Sec. 11. The said corporation shall commence the construe
tion of said road and complete ten miles of the same westward from Boulder City, on or before the 1st day of January, eighteen hundred and sixty-six, and the said corporation shall com
lete the portion of said road lying between Boulder City and the Middle Park, on or before the
first day of January, eighteen hundred and sixty-seven, and the said corporation shall complete the whole of said road within three years after the passage of this act, and if the said corporation shall fail to construct and complete said road, as provided in this section, they shall forfeit all tne rights and privaleges [privileges] granted by this act, and the same shall be null and void ; Provided, That if any portion of the road, extending westward from Boulder City, shall be constructed by any other company so as to enable the corporation hereby created to connect the said road with the same, the failure to construct that portion of the road so constructed by such other company shall not work a forfeiture of the rights and privileges granted or secured by this act.
SEC. 12. The said corporation shall have authority to collect tolls on said road, as hereinafter mentioned, from all persons. traveling over upon
gaid road with
wagons or vehicles of any kind, or with horses, mules, asses, cattle, sheep, or hogs, and any person who shall pass any toll gate which said company are authorized to erect on said road, and shall refuse to pay toll as required by this act, shall forfeit and pay to said corporation the sum of twenty-five dollars to be recovered by said company in an action of debt, in any court of competent jurisdiction.
SEC. 13. The corporation may erect and maintain toll gates on said road at such points as will, in the opinion of the direc. tors, subserve the interests of the corporation, and not exceeding one for every twenty miles of road, at each of which the said corporationn may collect tolis at the following rates and no more, that is to say: upon each wagon or vehicle drawn by one pair of horses, mules or cattle, the sum of one dollar, and for each additional pair of horses, mules or cattle, the sum of twenty-five cents. Upon each vehicle drawn by one animal, the sum of seventy-five cents. Upon each animal riden [ridden] by any person, the sum of twenty cents. Upon each pack animal, the sum of ten cents. Upon all cattle, horses, asses or mules driven loose, the sum of three cents per head. Upon all sheep and hogs driven over said road, the sum of one cent per head; Provided, That the Legislative Assembly of the Territory of Colorado, or any legislative body having general logislative authority over the country in which said road is located, may, after the expiration of fifteen years from the passage of this act and deceminally thereafter, prescribe new rates of toll to be charged and collected on said road from the ten years