next succeeding the time when such rates shall be prescribed, and, Provided, further, That no toll gate shall be erected on that portion of said road between Denver and Boulder City.

any

SEC, 14. It shall not be lawfull [lawful] for said corporation to collect toll from any person passing over said road in a vehicle or otherwise, when such person is going to or returning from any place of public worship, or going to or returning from a funeral.

SEC, 15. If any person shall wilfully do or cause to be done any act or acts whatever through or by which sald road or any building, bridge or gate [or] other matter or thing, appertaining to said road shall be destroyed, injured, weakened or ob structed, the person or persons so offending shall be adjudged guilty of a misdemeanor and shall be liable to the company in treble the amount of damages sustained by the company, through or by reason of such unlawful acts, to be recovered by action of debt in any court of competent jurisdiction.

L

SEC. 16. Upon complaint being made to any Justice of the Peace, in any county through which said road passes, that any part of said road in that county is not in reasonable good condition for wagons and vehicles, the said Justice shall summon the gate keeper ncarest the place on said road concerning which complaint is made, to appear before him on some day not more than five days from the time of filing such complaint, and if upon examination it shall be found that the complaint is true, judgment shall be rendered by said Justice against the corporation for the cost of proceeding, and no toll shall be thereafter collected on that part of said road until the same is put in reasonable good condition for wagons and vehicles; Provided, That said company shall not be liable to prosecution or costs of suits when said road is in bad condition from heavy falls of snow, snow drifts, high water, or other cause beyond its control.

SEC. 17. If said corporation shall demand or collect tolls on any part of said road ascertained to be out of repair, as provided in section sixteen, before the same shall be put in reasonable good condition, it shall forfeit and pay to the person from whom such toll was demanded or collected the sum of fifty dollars for each offence, to be collected by action of debt in any court of competent jurisdiction.

the

SEC. 18. If after said road or any part or portion thereof shall have been constructed the said corporation shall suffer the same, or any part thereof, to remain impassible for wagons or vehicles, for a period of time exceeding three months, rights and privileges hereby granted shall cease and determine, and this act shall become inoperative; Provided, That if said road shall be rendered impassible by snow, ice, high water or other cause beyond the control of said corporation, the time -ul of

16

during which such cause shall operate to produce such impassible condition of said road shall not be computed as a portion of said period of three months.

SEC. 19. This act shall take effect and be in force from and after its passage.

Approved February 10th, 1865.

AN ACT

TO AMEND AN ACT ENTITLED "AN ACT TO INCORPORATE THE CITY OF CENTRAL," APPROVED MARCH 11TH, 1864,

Be it enacted by the Council and House of Representatives of Colorado Territory:

SEC. 1. That all of section fifteen (15) of article eight (8) of said act after the word "peace" in the seventh (7) line of said section, be stricken out and the following inserted instead: "And a change of venue may be taken to any other Justice of the Peace within said city, from said Police Judge, in all cases in the same manner as is now provided by law for the change, of venue in Justice courts,

SEC. 2. The City Council shall have the entire and exclusive control of all roads, streets and alleys within said city.

SEC. 3. The City Council shall have entire and exclusive control of the Schools of said City, and shall provide by ordinance for the election or appointment of school directors for said city, not exceeding nine in number, also shall provide for the raising by tax on taxable property within the city, as they shall deem sufficient to rent, lease or procure a suitable site for school house or school houses, and to build or purchase a school house or school houses, and to keep in repair and furnish the same with the necessary furniture, library, fuel and appendages to defray all the contingent expenses of the schools of said city; Provided, That such tax so raised for schools shall not exceed one and one-half per cent. on the taxable property aforesaid in any one year.

SEC. 4. The City Council may (for the purchasing of school houses, site or sites, and the purpose of erecting a school house or school houses) issue bonds payable in not less than two and not more than twelve years, bearing interest not exceeding twenty per cent. per annum. (Said bonds shall be designated school bonds.) Provided, That not more than thirty thousand ($30,000) dollars of said school bonds shall be issued, and not more than five thousand ($5,000) dollars, together with the in

terest on the whole amount of bonds issued, shall become due in any one year. Provided, also, That said City Council submit the subject to the qualified voters of the city at some regular city election, and the majority of said voters shall vote for the issueing [of] such bonds.

SEC. 5. The said Council shall cause to be maintained in said city a school for the education of the white children [of said city] over the age of five years and under the age of twenty-one years, for at least six months each year, and said school or schools shall be free to all white children within said city. Provided, That all taxes raised upon the property (and collected from persons of color) within the city of Central, under this act, shall be by the City Council set apart, and be used exclusively for the education of children of color between the age of five and twenty.one years, in such manner and under such restrictions as the City Council shall by ordinance provide.

SEC. 6. The City Council may provide by ordinance for the maintaining and support of a high school to be denominated the High School of the City of Central.

SEC. 7. If at any general election the legal voters of the City of Central shall declare, in such way and manner as the City Council shall prescribe, in favor of establishing a high school for the use of the city of Black Hawk and Central, it shall be lawful for the City Council to ordain the way and manner in which such high school shall be established and maintained, and to prescribe all rules and regulations for such high schools, and to provide [for] maintaining the same, and if the City Council of the City of Black IIawk shall have previously adopted the ordinance establishing, maintaining and regulating such high school or shall subsequently adopt the sanie, such high school shall be established, maintained and 'regulated according to the provisions thereof, which school shall be free to all the children of Black Hawk and the city of Central under such regulations as shall be determined on by the respective City Councils acting in joint convention for that purpose assembled.

1

SEC. 8. All acts inconsistent with this act are hereby repealed.

SEC. 9. This act to take effect and be in force from and after the passage thereof.

,,:;,,

t

Approved February 10th, 1865.

AN ACT

To INCORPORATE THE MASONIC HALL ASSOCIATION, IN DENVER, COLORADO TERRITORY.

3

Be it enacted by the Council and House of Representatives of Colorado Territory :

SEC. 1. That Francis Gallup, Edward H. Collins and Richard Sopris, of Denver Royal Arch Chapter, U. D.; Wm, N. Byers, Andrew Sagendorf and George W. Kassler, of Denver Lodge, No. 5, A. F. and A. M., and Sam. H. Elbert, Fred Z. Salomon and O. A. Whittemore, of Union Lodge No. 7, A. F. and A. M., and their successors, to be appointed in the manner hereinafter declared, representing the several Masonic Bodies before named, be, and they are hereby incorporated and made a body politic and corporate, by the name of the Masonic Hall Association of Denver; and by that name may sue and be sued plead and be impleaded, in any court of law or equity of competent jurisdiction, and may have and use a common seal, and the same change at pleasure; and be entitled to use and exercise all the powers, rights and privileges incident to such corporation.

SEC. 2. The said corporation shall be capable of acquiring and holding, by gift, devise or purchase, real and personal estate, which estate, personal and real, shall never be divided among the members of the said corporation, but shall descend to their successors duly elected and appointed in the manner hereinafter declared by the bodies they represent, for the promotion of the principles of the said corporation, and the benev olent purposes of the order of Free and Accepted Masons which they represent; Provided, That said corporation shall acquire and hold no more land than is necessary for a site on which to erect a Masonic Hall, suitable and convenient for the transaction of the business of the Association, and the promotion of the principles and purposes aforesaid; but this provision shall not prevent the said corporation from constructing suitable rooms and offices in connection with the said Hall, to rent, and renting the same, and receiving rent therefor, to be applied to the promotion of the principles and purposes aforesaid.

SEC. 3. The capital stock of said corporation shall not exceed the sum of one hundred thousand dollars; and the stock shall be divided into shares of twenty-five dollars each, and shall be deemed personal property, transferable in such manner as the constitution and by-laws of said corporation may direct. SEO. 4. Within ten days after the passage of this act, the

ok rd boriv bowls corporators named in the first section, or a majority of them, or if any refuse or neglect to act, then a majority of the remainder, shall cause books of subscription to the capital stock of the said corporation to be opened, and kept open in such place, and for a period to be fixed by the said corporators, or a major ity of them; public notice of which may be given by advertiset ment, or otherwise, as said corporators or a majority of them may determine; and the subscribers upon said books to the capital stock of the corporation shall be held to be stockholders. Provided, That every subscriber shall pay at the time of subscribing such per centum of the amount by him subscribed, as may be required by the corporators or a majority of them, to the treasurer elected or appointed by the corporators or a majority of them, or his subscription shall be null and void. And when the books of subscription to the capital stock of said corporation shall be closed, the corporators named in the first seetion, or a majority of them, and in case any of them refuse or neglect to act, then a majority of the remainder shall, within ten days thereafter, call the first meeting of the stockholders of said corporation to meet within ten days thereafter, for the choice of directors, of which public notice shall be given, for three days, in some newspaper.published daily in Denver, or by written personal notice served on each stockholder by the Secretary or Clerk of the corporation. And in all meetings of the stockholders each share shall entitle the holder to one vote, to bé given in person or by proxy.

SEC. 5. The government and direction of the affairs of the corporation shall be invested in a board of directors, five in number, elected by the stockholders, on the second Monday of January in each year, from among the corporators named in the first section of this act, and their successors elected or appointed in the manner hereinafter declared, by the masonic bodies they represent, who shall hold their office for one year, and until others are duly elected and qualified to take their places as directors. And the said directors shall elect one of their number to be president of the board, who shall also be president of the corporation, and shall elect a secretary from among their own number, or from the corporators aforesaid, who shall also be secretary of the corporation. And they shall also choose a treasurer, who shall give bonds with surety to said corporation in such sums as the said directors may require, for the faithful discharge of his trust. A majority of the directors shall form a quorum for the transaction of business; and in case of vacancy in the board of directors, by the death, resignation, or otherwise of any director, the vacancy occasioned thereby shall be filled by the remaining directors from among the corporators named in the first section of this act, or their successors, duly