period of ten years, and power to sue and be sued, plead and be impleaded, to construct, maintain, and keep in repair a wagon road over the route hereinafter mentioned, and to acquire the right of way for the same, and to charge toll on such road at the rates hereinafter prescribed, and generally to do and perform such other aids as may be necessary to a full and complete enjoyment of the franchise hereby granted.

SEC. 2. The road constructed by said corporation shall commence at or near the head of Nevada gulch, and run thence easterly along the north side of the South mountain to the divide between Leavenworth and Nevada gulches (or more definitely specified) to the location of the Alps lode; thence southeasterly on a gradual course along the castern side of the aforesaid mountain to the place of crossing the consolidated ditch; thence along the south side of the North Russell guich mountain in a south-westerly direction, to a point known and desig nated as the location of the Cuddy and Barker mills; and further, said company may construct a branch road commencing at or near the crossing of the divide herein before mentioned, and running thence along the line of said Alpse [Alps] lode for a distance of about eleven hundred feet; thence bearing north-west and terminating at a point at or near the west end of the Quartz Hill Patch...

SEC. 3. It shall be lawful for said company to acquire and hold and [all] real estate necessary for the use of toll-keepers on the line of said road, and for no other purpose, and to sell, dispose of, and convey by deed, any real estate so used and occupied for the use of toll-keepers on said road whenever they shall deem it for the interest of the company so to do. Said company shall have the right of way over the line of said road, Provided, That the amount of land claimed by said company shall not exceed thirty feet in width on the line of said road, and it shall be competent and lawful for said corporation to use any gravel, earth, timber, or stone, within the said limit for the purpose of constructing said road, Provided, That nothing in this act shall be so construed as to interpose with any of miners heretofore. Y

SEC. 4. Said company are authorized to erect toll-houses and toll-gates, and employ toll-gatherers who shall demand and collect toll at the following rates and no more: For each wagon or vehicle drawn by one span of horses, oxen or mule, ten cents per mile; for each additional span of horses, oxen, or mules, the sum of five cents per mile; for each horseman, the sum of five cents per mile; and for all loose stock, the sum of two cents per mile.

SEC. 5. The said company may, if necessary, erect three tollgates at suitable points on said road, and if any person or per

sons, after such toll at the before mentioned rates shall have been demanded by the regular authorized toll-gatherer, who may be found traveling upon said road, shall refuse to pay said toll he, she, or they shall be subject to a fine of not less than five dollars, nor more than twenty-five dollars for such offence, the same to be collected by an action of debt before any justice of the peace in the county where said road is located.

SEC. 6. Any person or persons who shall willfully or carlessly obstruct damage or destroy any part of said road shall be guilty of misdemeanor, and shall forfeit and pay to said company treble the amount of damages thus sustained, such offenders being found guilty upon trial before any justice of the peace or other court of competent jurisdiction in the county where the road is located.

SEC. 7. The said company shall keep said road in good repair for the term of ten years, and shall also be liable for all damages caused by the bad condition of said road. Said road shall be accurately measured and mile posts erected with suitable inscriptions thereon.

SEC. 8. It shall be lawful for the corporators or stockholders of said corporation to nominate and appoint an attorney in fact to attend any meeting of such corporators or stockholders and cast the vote of the person making such appointment upon all questions, and to revoke such appointments and appoint another at pleasure.

SEC. 9. This act to take effect on and after its passage.
Approved, February 8th, 1865.

AN ACT

AMENDATORY OF AN ACT ENTITLED "AN ACT TO INCORPORATE THE DENVER, BRADFORD AND BLUE RIVER ROAD COMPANY, AP PROVED OCTOBER 11TH, 1861.

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

SEC. 1. That an act entitled "An act to incorporate the Denver, Bradford and Blue River Road Company, approved October 11th, 1861," be and the same is hereby amended by the addition of the following as an additional section thereto, to wit: "Section 2, The Legislative Assembly of this Territory shall have power and authority at any session hereafter, to alter, amend, or to repeal this act, and in ease the road shall not be kept in a good passable condition for traveling and

freighting during all seasons of the year, the failure to keep said road in such condition shall work a forfeiture of all the rights and privaleges [privileges] of the said corporation under this act; Provided however, That by reason of snow or high water it shall not be possible for any person or persons with reasonable expense to repair said road, a reasonable time shall be allowed for repairing the same before a forfeiture shall be declared. Approved February 8th, 1865.

0

AN ACT

TO AMEND AN ACT ENTITLED "AN ACT TO INCORPORATE THE ARKANSAS, PUEBLO, AND FOUNTAIN QUI BOUILLE DITCH COMPANY, APPROVED MARCH 9TH, 1864."

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

SEC. 1. That the capital stock of said company shall be four thousand dollars, which may be increased at the will of the stockholders to any sum not exceeding ten thousand dollars.

SEC. 2. That said company shall have three years from and after the passage of this act to complete said ditch and branch, and said charter shall not be forfeited provided said ditch is completed within the time specified in this act. Approved February 10th, 1865.

TO AMEND AN ACT ENTITLED “AN ACT INCORPORATING THE PARK JUNCTION, GRORGIA AND FRENCH GULCH ROAD COMPANY, APPROVED NOVEMBER 6TH, 1861."

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

SEC. 1. That an act entitled "An act incorporating the Park Junction, Georgia, and French Gulch Road Company, Appro ved, November 6th, 1861," be and the same is hereby amended by the addition of the following section:

SEC. 2. In case the road mentioned in the act to which this act is amendatory, shall not be kept in a good passable condi tion for travel and freighting during the summer months of the year, the failure to keep said road in such repair shall work a forfeiture of all the rights and privileges of the said corporation under the act to which this act is amendatory; Provided however, That if by reason of snow or high water it shall not be possible for any person with reasonable expense to repair said road, a reasonable time shall be allowed for repairing the same before such forfeiture shall be declared.

SEC. 3. 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 BLACK HAWK, APPROVED MARCH 11TH, 1864."

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

SEC. 1. The city council shall have the entire and exclusive control of the common schools of said city, and may provide by ordinance for the appointment of a board of school directors for said city, not exceeding five in number, to be selected from the members of the city council annually at such time, and in such manner and whose duties shall be such as may be provided by ordinance.

SEC. 2. The city council shall have power to raise by tax on the taxable property in said city in such manner as may be provided by ordinance, a sum sufficient to rent, lease, or procure, a suitable site for a school house or school houses, and to build, rent, or purchase a school house or houses, and to keep in repair and furnish the same with the necessary furniture, library, or libraries full, and apendages; to employ suitable teachers, and defray all the contingent expenses of the schools of said city; Provided, That such tax shall not exceed one and-a-half per cent on the taxable property aforesaid in any one year.

SEC. 3. The city council may for the purpose of purchasing a school house site or sites, or erecting, or building thereon suitable school house or houses; issue bonds in such manner as may be provided by ordinance, payable in not less than two nor

PRIVATE ACTS.

145 more than twelve years, bearing interest not exceeding twenty per cent per annum, to be designated "School Bonds; Provided, That not more than thirty thousand dollars of said bonds shall be issued, and not more than three thousand dollars together with the interest on the whole amount of bonds, shall become due in any one year; Provided further, That said city council shall first submit the subject to the qualified voters of said city at some regular city election, and the majority of the voters shall vote for the issuing of said bonds.

SEC. 4. 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 Black Hawk."

SEC. 5. If, at any general election, the legal voters of the city of Black Hawk shall declare in such way and manner as the city council shall prescribe, in favor of establishing a highh school for the use of the cities of Central and Black Hawk, 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 school, and to provide for maintaining the same; and if the city council of the city of Central shall have previously adopted the ordinance establishing, maintaining, and regulating such high school, or shall subsequently adopt the same, 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 in joint convention, for that purpose assembled.

SEC. 6. All acts and parts of acts, inconsistent with this act, are hereby repealed.

SEC, 7 This act shall take effect and be in force from and after its passage.

Approved February 10th, 1865.