passage and approval of this act and shall complete the same within two years.

SEC. 5. That the capital stock of said company shall be fifty thousand dollars, to be divided in one hundred dollar shares, and said company shall have the privilege of increasing the same to one hundred thousand dollars, at its pleasure.

SEC. 6. Every stockholder in said company shall be liable only to the creditors of the company in an amount equal to the amount remaining unpaid on the stock of said company held by

him.

SEC. 7. Any five of the above incorporators shall constitute the first board of directors under this act, who shall hold their offices until their successors are elected and qualified. They shall meet at such time and place as shall be designated by the incorporators, within twenty days of the passage and approval of this act, and organize as a board of directors, and when organized shall cause books of subscription to be opened at such times and places as they may designate, and continue the same open so long as they may deem proper, and re-open the same at pleasure until the whole capital stock shall be subscribed.

SEC, 8. When the capital stock shall all have been subscribed and ten per cent thereof paid in, the directors as soon as practicable thereafter, shall call a meeting of the stockholders for the purpose of electing five directors, and shall appoint the time and place of such meeting and election and shall prescribe the regulations thereof by posting notices at Central City, Black Hawk Point and Boulder City, and advertising the same in some newspaper published in the Territory.

SEC. 9. The directors elected as aforesaid shall at their first meeting elect one of their number president of their company, and the said president and directors shall manage and conduct the business of said company for one year and until their successors are elected and qualified. One year from the date of the election by the stockholders, and annually thereafter thero shall be an election of directors of said company, the time and place of which election shall be given by publication in two or more newspapers published in the Territory, said publication or notice shall be given fifteen days prior to the time of election. SEC. 10. At all elections of said company each share of stock thereof shall entitle the holder to one vote, which shall be by ballot, and such ballot shall have endorsed thereon the number of shares represented by the same. The members of said company may vote by proxy, but every proxy shall be in writing and filed in the office of the company until after the next annual election.

SEC. 11. The president and directors shall appoint such

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officers and agents as they may deem necessary, fix their salaries and require and take such security from them as they may deem expedient; shall cause correct books and accounts kept; make all needful rules and by-laws for the regulation of the company, and fill any office that may be vacant in said company.

SEC. 12. The directors shall make an assessment for the pay. ment of subscriptions to the capital stock of said company, at such time and in such manner as they may deem necessary, and notice of all such assessments, and the time and place of payment, shall be given by advertising the same in some newspaper published in the Territory, at least twenty days before the same shall be due and payable, and if any stockholder shall fail to pay any such assessment within five days after the same shall be due, such stock shall be forfeited. No delinquent stockholder shall be entitled to vote at any election of said company.

SEC. 13. When full payment of the stock of any subscriber shall be made the president and directors shall deliver to such stockholder one or more certificates of such stock under the seal of the company, signed by the president and countersigned by the secretary, for the number of shares belonging to him, which certificate of stock shall be assignable on the books of the company only, and whened [when] assigned shall be taken in by the company and cancelled and a new certificate issued to the assignee.

SEC. 14. When said road shall be completed the president and directors of said compainy [company] shall issue certificates of full-paid stock to each subscriber for the number of shares subscribed and paid for by him.

SEC. 15. At each annual meeting of said company the directors shall make a full and complete exhibit of the affairs and condition of the company and its operations for the preceding year, which annual statement verified by the president and sec retary shall be published in some newspaper printed in the Ter ritory of Colorado,

SEC. 16. Said company shall have authority to collect tolls on said road as hereinafter mentioned, from all persons traveling over or upon said road, and any person passing any toll-gate authorized to be erected by said company on said road and refusing to pay toll as required by this act, shall forfeit the sum of twenty-five dollars to be recovered in an action of debt by said company.

SEC. 17. Said company may erect and maintain a toll-gate at the place of commencement and such other points as may subserve the interests of said company. Provided however, That there shall not be more than two toll-gates erected on the main line of said road, and one toll-gate on the branch thereof, at each of which they may collect toll at the rates following: For

each wagon or vehicle drawn by one pair of mules, cattle, or horses, one dollar, and for each additional pair of mules, cattle, or horses, twenty-five cents; upon each vehicle drawn by one horse, seventy-five cents; upon each saddle horse or mule, twenty cents; upon each pack animal, ten cents; upon all cattle, horses, and mules driven loose, five cents each, and upon all sheep and hogs, three cents each; Provided, That the Legislative Assembly of this Territory, or any body possessing general legislative authority over the country in which said road is located, may at any time, after the expiration of 20 (twenty) years from the passage of this act, prescribe new rates of toll to be charged and collected on said road and the brauch thereof, during the remainder of the corporate existence of said company.

SEC. 18. Upon eomplaint being made to any justices of the peace in any county through which said road passes, that any part of said road in that county is not in a passable condition for wagons and vehicles, said justice shall summon said company before him at a time to be by him fixed, not exceeding six days from the filing of the complaint, and if upon examination it shall appear the complaint is true, judgment shall be rendered against said company for the costs of suit, and thereupon no toll shall be collected by said company on that part of the road until the same is put in good condition for wagons and carriages; Provided however, That in no case shall said company be liable to prosecution or costs of suit when said road is in bad condition from heavy falls of snow, snow drifts, high water, ice, or other Providential causes.

- Sxc. 19. If said company shall demand and collect toll on that part of the road after any such judgment, as provided heretofore, shall have been rendered, until such part of the road shall be put in good condition, it shall forfeit and pay the sum of fifty dollars for each such violation, which may be sued for by the person or persons from whom such toll has been collected, or any other person, in an action of debt before any justice of the peace in the county in which toll was illegally collected,

SEC. 20. And it is further provided that no person shall be allowed to fell trees upon or across said road, or drag or haul the same on or across the said road to the injury thereof, and any person or persons so injuring said road shall be liable to a fine of not less than twenty-five dollars, nor more than one hundred dollars, to be sued for and collected by said company.

SEC. 21. Said company are hereby further authorized and empowered to construct a branch of their said road from the point where Four Mile creek empties into North Boulder creek, by way of Sugar Loaf mines, to Ward district; that is to say commencing at the mouth of Four Mile creek in Boulder,

county, thence up sald creek by way of the Sugar Loaf mines to Ward district, terminating at or near the forks of Left Hand creek, in said district, in Boulder county, in Colorado Territory, and said company shall have the right to collect toll on said branch the same that they have on the main road as herein before prescribed.

SEC. 22. A failure on the part of the company to comply with any of the provisions of this charter, shall work a forfeiture thereof, aud nothing herein shall be so construed as to infringe upon the rights or titles of any person heretofore granted or acquired.

SEC. 23. This act shall take effect and be in forse from and after its passage.

Approved February 8th, 1865.

AN ACT

TO AMEND AN ACT ENTITLED "AN ACT TO INCORPORATE THE CONSOLIDATED DITCH COMPANY, APPROVED OCTOBER 18TH. 1861.

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

#SEC. 1. That section seven (7) of an act to incorporate the Consolidated Ditch Company, approved October 18th, 1861, shall be, and the same is hereby amended so as to read as follows, to-wit: "The said company shall be deemed and held liable for all damage done the property of others in the construction of said ditch and its branches, wherever the right to such property attached before the passage of this act, and for all damage that may result through neglect or carlessness in operating said ditch.

SEC. 2. That section thirteen (13) of the said act to incorporate the Consolidated Ditch Company, shall be and the same is hereby amended by striking out the following words, to-wit : "Except the ditch, which shall not be injured or interfered with by any person without the consent of the company."

SEC. 3. The said corporation shall so construct and maintain and keep in repair the ditches by it constructed, so that no water shall escape therefrom to the injury of any person, and it any water shall escape either by percolation, seepage, or overflow, or in any other manner, from any of the ditches

said company, to the injury, detriment, or damage, of any quartz lode, mining claim, or other property of any person, the said corporation shall be deemed and held liable to the person aggrieved, for such injury, detriment, or damage.

SEC. 4. The said Consolidated Ditch company shall be, and the same hereby are compelled to convey the water of their ditch in a tight plank flume throughout that portion of the line of said ditch, commencing at or near "Tobin's mill," on Quartz hill, in the Illinois Central Mining district, Gilpin county, and terminating at the foot of said Quartz hill at or near Missouri City, and shall complete said flume within four months after the passage of this act, and wherever upon the line of said ditch there now is or hereafter may be one or more lode claims designing to be worked and rendered impracticable to be so worked by reason of the water from said ditch, the said company shall in like manner convey the water of said ditch in a tight flume, and shall complete said flume over the ground where such claims are located within ninety (90) days after written notice shall have been served by the proprietor of said claims, upon said company or their duly appointed agents SEC. 5. If the said company shall fail, or neglect to build and complete said flume or flames within the time prescribed in the foregoing section, the said: company shall forfeit and pay a zum not less than thirty dollars nor more than sixty dollars for each day said company so fails or neglects to commence and to continue work upon the same until completed, such sum to be recovered as a fine before any justice of the peace or other court of competent jurisdiction, upon complaint of any person interested, said sum so recovered to go to the county wherein suit is brought.

Approved February 9th, 1865.

ENTITLED AN ACT TO INCORPORATE THE RUSSELL GULCH AND NEVADA WAGON ROAD [COMPANY.]:1

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

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SEC. 1. That James M. Mills, and John Stanton. jr., and their legal associates, successors, and assigns, be and they are hereby constituted a body politic and corporate, under the name and tyle of the Russell Gulch and Nevada Wagon Road Company, ad as such body corporate they shall have succession for a