field Overland Dispatch Company, to continue for the term of thirty years, and by that name shall be capable of making contracts, of suing and being sued, pleading and being impleaded in all matters whatsoever, in all courts of law and equity in this territory, and may have a certain seal, which may be altered at pleasure. SEC. 2. The said corporation shall have power, at any time after the passage of this act, to organize said company, appoint their officers, fix their capital stock, and adopt such by-laws, rules and regulations for the management of their affairs, as they may see proper, not conflicting with the constitution of the United States, the organic act of the territory of Colorado, or the laws of the United States. SEC. 3. The said corporation shall have the power to construct a wagon road from the city of Denver, Colorado territory, up the valley of Cherry Creek, on the most eligible route by the way of Cherry Valley Station, Box Elder Station, Beaver Creek, Bijou Basin, Reed's Springs, Hedinger's Lake, Coon Creek, Cornell Creek, Dubois, Eureka Creek, Cheyenne Wells and Fitche's Meadows, to the eastern boundary of Colorado territory, in the direction of Atchison, in the state of Kansas, by what is known as the Smoky Hill Route, with the privilege of constructing a branch or branches from the line of said main route to the southern boundary of Colorado territory, in the direction of Santa Fe, territory of New Mexico; and the said company shall have power further to construct and continue said main wagon road from the said city of Denver westwardly, to the western boundary of the territory of Colorado, in the direction of Salt Lake City, territory of Utah, by the way of any one of the passes in the Rocky Mountains now discovered, which they may deem the most practicable, Provided, This provision does not conflict with any valid grant hitherto made by the general assembly. This company shall have the right of way for three niles each side of the line of the above mentioned route. SEC. 4. That the said company are hereby authorized to construct said road, erect buildings, dig wells, dig ditches, make inclosures, build bridges, grade uneven surfaces, and do whatever may be necessary to keep said road in repair and to run their line of coaches, wagons and express vehicles over the same. They shall also have power to purchase and hold any personal or real estate necessary for the transaction and facilitation of their le gitimate business, giving them the same rights to the claims on mining lodes which they may discover, that individuals have in the districts where the same are located. SEC. 5. The said corporation shall have the power to construct a telegraph line on the line of the said main route, or any of its branches, or from the line of said route to any other point in said territory; to erect telegraph poles, telegraph stations; to open offices for the use of them and that of the public, Provided, This grant shall not conflict with any vested rights already acquired. SEC. 6. Any person or persons injuring or destroying any of the coaches, bridges, culverts, ditches, fences, telegraph lines, poles, stables or buildings, or property appertaining thereto, or infringing upon the rights of the incorporators herein named, their successors or assigns, shall, upon conviction thereof, be fined in a sum not less than five, nor more than one thousand dollars, or imprisoned for a term not exceeding twelve months, or both, at the discretion of the court or jury, and be likewise liable to the party injured, in a civil action, for damages. SEC. 7. The said corporation shall have power, and are hereby authorized to do a general carrying and express business upon any of the line of roads they may establish pursuant to the foregoing provisions of this act, Provided, That nothing granted in this act shall in any way exclude private parties or freighters from the use of the said road, nor shall it interfere with granting railroad charters over the same road. SEC. 8. Every stockholder of said company shall be individually liable to the creditors of the company to an amount equal to the amount unpaid on the stock held by him, for all the debts and liabilities of the company, until the whole amount of the stock so held by him shall have been paid to the company. SEC. 9. Section seven may be altered, amended, modified or repealed at any time hereafter by the legislative assembly, either territorial or state. SEC. 10. This act shall take effect and be in force from and after its passage. Approved January 20th, A. D. 1866. AN ACT TO AMEND "AN ACT TO Incorporate THE CASH CREEK FLUMING COMPANY," APPROVED NOVEMBER 8TH, A. D. 1861. Be it enacted by the Council and House of Representatives of Colorado Territory: SECTION 1. That the first section of said act of incorporation be and the same is hereby amended by adding the names of George W. Lane, George E. Craeter and Rodney Curtis, to the list of incorporators mentioned in said first section. SEC. 2. Be it further enacted, That the second section of said act of incorporation be changed, altered and amended so as to read: The said company for the space of ten years, shall have the right to construct and maintain in Cash Creek, in Lake county, in this territory, a ditch and bed-rock flume, not to exceed fifty inches in width, for the purpose of carrying off the tailings and waste water from the mining claims along the line of said flume, commencing at the lower end of said Cash Creek gulch, near the Arkansas river, and running thence along and up said gulch to the mountain, at the head of said gulch; and for the purpose of constructing said ditch and flume, shall have the right of way through said gulch, and the right to dig or ground-sluice the said ditch through said gulch, and to construct the necessary side ditches or water ways along said gulch, Provided, That where any traveled way crosses the line of said ditch, the said company shall construct and maintain good and sufficient bridges across said ditch. SEC. 3. That all that part of said act of incorporation inconsistent with the above, be and the same is hereby repealed. SEC. 4. This act shall take effect and be in force from and after its passage. Approved January 20th, A. D. 1866. AN ACT SUPPLEMENTAL TO AND AMENDATORY TO AN ACT ENTITLED “AN ACT TO INCORPORATE THE Colorado and Clear CREEK RAILROAD COMPANY,” APPROVED FEBRUARY 9TH, A. D. 1865. Be it enacted by the Council and House of Representatives of Colorado Territory: SECTION 1. That said act be and the same is hereby amended as follows, to wit: After the word "territory," in the twelfth line of the second section, insert the following: "And from thence over the Berthoud Pass, or by the most feasible route to the west boundary of said territory, in the direction of Provost City, in the territory of Utah." In line sixteen of said section two, after the word "thence," strike out the words "to Kiowa and Bijou Basin," and insert "in a south-easterly direction, to a point on the eastern line of said territory, where the Union Pacific Railroad intersects said east boundary line." Add to the end of said section two the following: "Also commenc. ing at the initial point aforesaid, and running thence over the most prcaticable route, in a north-easterly direction, to the east boundary line of said territory, at a point where the northern branch of the Pacific Railroad intersects said eastern bound, ary." SEC. 2. In section five, before the word "five," in line one, insert the word "twenty." SEC. 3. Strike out all of section nineteen. SEC. 4. Amend the title of said act so as to read: "An act to incorporate the Colorado Central and Pacific Railroad Company," and wherever the said title occurs in said act, strike out said title and insert the words "Colorado Central and Pacific Railroad Company." SEC. 5. That said company shall be, and is hereby authorized to bond their road, bed and fixtures to an amount not exceeding the sum of fifteen thousand dollars for each and every mile, to such person, persons or corporation, and upon such terms as they may see fit. SEC. 6. This act shall take effect and be in force from and after its passage. Approved January 20th, A. D. 1866... AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO INCORPORATE THE DENVER AND PACIFIC WAGON ROAD COMPANY," APPROVED MARCH 10TH, A. D. 1864. Be it enacted by the Council and House of Representatives of Col orado Territory: SECTION 1. That section four (4) of said act be amended by striking out of said section all after the word "of," in the third line of said section, and inserting in lieu thereof the following: แ January, A. D. eighteen hundred and sixty-eight (1868)." Approved January 26th, A. D. 1866. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO INCORPORATE THE DENVER AND SAN Louis Valley Wagon Road Company.”" Be it enacted by the Council and House of Representatives of Colorado Territory: SECTION 1. That the corporation created by an act of the legislative assembly of the territory of Colorado, entitled "An act to incorporate the Denver and San Luis Valley Wagon Road Company," approved February the 10th, A. D. 1865, may com plete the first twenty miles of road, extending in a southerly direction from Garbor's ranch, within one year from the passage of this act, and the whole of said road within three years from the passage of this act; and if said road shall be completed within the time herein provided, the said corporation shall be entitled to the rights, privileges and immunities conferred by the act to which this is an amendment. Approved January 24th, A. D. 1866. ' AN ACT : TO INCORPORATE THE ARKANSAS RIVER AND ST. CHARLES DITCH AND * IRRIGATING COMPANY. De 18 Nk Be it enacted by the Council and House of Representatives of Colorado Territory: SECTION 1. That John Sease, John M. Francisco, John W. Henry,Jacob Betts, O. H. P. Baxter, Alexander Robb, Geo. Babcock and S. S. Smith of Pueblo county, and P. K. Dotson, A. Hicklin, Wm. Craig, Milton Pollard and A. W. Welton of Huer fano county, and their associates, successors and assigns, be and are hereby incorporated as a company under the name and style of "The Arkansas River and St. Charles Ditch and Irrigating Company," by which name they may contract, sue and be sued, buy and sell property necessary to construct their ditch, and carry on all necessary business. SEC. 2. That the company shall continue and have succession for a term of twenty years, and have the power and right to construct and operate a ditch for the conveyance of water for irrigating and other purposes, from a point on the Arkansas river most convenient for the accomplishment of the objects of this franchise. Said ditch to be taken out on the south side of the Arkansas river, running in an easterly direction, until it strikes the main divide between the Arkansas river and the St. Charles Creek, thence following the said divide until it reaches a point at or near the mouth of the said St. Charles Creek. SEC. 3. Said company shall have the right of way for constructing their said ditch five rods on each side of the line of the same, and to use all such material for the construction of the same which may be found in such space, along the line of the same; but the said company shall be held liable for all damages done the property of others in the construction of said ditch |