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and branches, at a fair valuation, in which the benefits accruing from its construction shall also be considered, and for all damages that may result through neglect or carlessness in operating such ditch.

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SEC. 4. That said company may supply water for irrigating and other purposes, and shall have power after the completion of their said ditch, to charge all farmers along the line of said ditch, the sum of not to exceed three dollars per annum for every acre of land irrigated by the waters from said ditch.

SEC. 5. The said company shall commence the actual work on the construction of said ditch, within one year from the passage of this act, and shall complete the same within three years thereafter.

SEC. 6. Any person or persons wantonly or maliciously interfering with the ditch of the company, or any of its worths, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment not more than one year, or both fine and imprisonment, and shall also be liable to a civil action by said company, for any damages sustained by said interference.

SEC. 7. The company shall have the power to make such rules and regulations and by-laws, as to them may be deemed needful and requisite for the management and regulation of the affairs of the company and the transfer of stock, and provide for such officers and their duties as they may see proper, and may elect the same in such manner as said by-laws may prescribe.

SEC. 8. The capital stock of said company shall be twenty. five thousand dollars, which may be increased to fifty thousand dollars by a two-third vote of the stock at any regular meeting of the stock holders, and shall be divided into shares of not less than one hundred dollars each.

SEC. 9. This act shall take effect and be in force from and after its passage.

Approved January 26th, A. D. 1866.

AN ACT

BANTING THE EXCLUSIVE RIGHT TO THOMAS SUTTLES OF PUEBLO, TO ESTABLISH AND MAINTAIN A FERRY ACROSS THE ARKANSAS RIVER AT THE TOWN OF PUEBLO.

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

SECTION 1. That the exclusive right is hereby granted to Thomas Suttles, his associates, successors and assigns, to establish and maintain a ferry across the Arkansas river, at the town of Pueblo; said right shall extend three miles above the town of Pueblo, and three miles below said town, with the privileges, and subject to the conditions prescribed by this act.

SEC. 2. Said right shall extend for the term of ten years from the passage of this act, Provided, The said Thomas Suttles, his associates, successors and assigns shall keep, maintain and operate a good, safe and sufficient ferry boat within the limits aforesaid, and shall be allowed to charge and collect the following rates of toll, namely: for every wagon drawn by two animals, one dollar and fifty cents; for each additional two animals, the sum of fifty cents; for each carriage, wagon or buggy drawn by one animal, the sum of seventy-five cents; for every head of loose horses, mules, asses, hogs or goats, the sum of ten cents.

SE. 3. Upon the acceptance of their franchise, the said Thomas Suttles, his associates, successors and assigns, shall be held and obliged to keep said ferry boat in good, safe and sufficient running order both night and day. They shall also keep a competent ferryman, who shall transport travelers and stock across said river promptly when thereunto requested, at all hours, day or night. Any failure on the part of the said Thomas Suttles, his associates, successors or assigns, for the term of ten days to comply with the provisions of this act, then the privileges and rights hereby granted shall be forfeited and null and void.

SE. 4. This act shall take effect and be in force from and after its passage.

Approved January 26th, A. D. 1866.

AN ACT

TO INCORPORATE THE HAMILTON AND MONTGOMERY WAGON ROAD COM

PANY.

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

SECTION 1. That William Curtis, Jr., Hart Douglas and Elias) Williams and their legal associates and successors, are hereby constituted a body politic and corporate, by the name and style of "The Hamilton and Montgomery Wagon Road Company, and by that name shall be capable of making contracts, of suing and being sued, impleading and being impleaded in all matters whatever, in all courts of law and equity in this territory, and may have and use a common seal, which may be altered at pleasure.

SEC. 2. Said corporation shall have power to make all needful rules and regulations for the government of the said company and the management of the road constructed or to be constructed by them, and shall elect a president and secretary, treasurer and superintendent, at such time and place as the said company shall appoint. Said company are hereby authorized and empowered to hold, make, improve, complete, alter and maintain a road commencing at the town of Hamilton, running via the town Across town of Tarryall, Dead Wood, Little French Creek, across the Range, terminating at Montgomery.

SEC. 3. Said company are authorized to erect toll-houses and toll-gates not nearer than five miles of each other, and employ toll-gatherers, who may demand and collect toll when said road is in good condition and repair, at the following rates: for each wagon or vehicle drawn by one span of horses, mules or yoke of oxen, or carriage drawn by one animal, fifty cents; for each additional span of horses, mules or yoke of oxen, fifteen cents; for each horseman, ten cents; loose stock per head, five cents.

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SEC. 4. Said company are authorized to maintain said road for the term of twenty years, to collect toll on the same or any part thereof that may be used. Any person, after the toll at the before mentioned rates shall have been demanded by the toll-gatherer, who may be found traveling upon said road, and refusing to pay said toll, shall be subject to a fine of not less than five dollars, nor over ten dollars, for such offense; the same to be collected before any justice, of the peace in either county wherein said road is located.

SEC. 5. If any person shall willfully do or cause to be done. any act or acts whatever, whereby any bridge, building, gate or any other matter or thing appertaining to said road, by which

the same shall be obstructed, weakened or destroyed, the person or persons so offending, shall be guilty of a misdemeanor, and shall forfeit and pay to said company treble the amount of damage they sustained, such offender being found guilty upon trial before any justice of the peace of the county wherein said offense is committed.

SEC. 6. The county of Park or the county of Summit shall have the right to the franchises of said road, whenever they shall pay to this company the cost of the same.

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

Approved January 27th, A. D. 1866.

AN ACT

TO INCORPORATE THE DENVER and TURKEY CREEK WAGON ROAD COM

PANY.

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

SECTION 1. That John D. Parmlee, F. Newton Bogue, J. J. Cobb, D. G. Peabody, Hugh Marshman and V. W. Young and their legal associates and successors, are hereby constituted and declared a body politic and corporate, under and by the name and style of the "Denver and Turkey Creek Wagon Road Company," and by that name shall be capable of suing and being sued, impleading and being impleaded in all courts of law and equity in this territory, having jurisdiction in such cases. Said company is authorized to have and use a common seal, to alter the same at pleasure, and make such rules and regulations for the management of its affairs, as the company may deem necessary.

SEC. 2. Said company is hereby authorized and empowered to construct, hold and improve, alter and maintain a wagon road leading from Denver, by the way of Turkey Creek Canon, to a point on Turkey Creek where the Bradford, Tarryall and Blue River Wagon Road crosses said creek, about one fourth of a mile below the Columbia ranch.

SEC. 3. It shall be lawful for said company to acquire and hold any real estate necessary for the use of toll-keepers on the line of said road, and to sell, dispose of and convey any such real estate, whenever they may deem it for the interest of said company so to do.

SEC. 4. Said corporation shall have power to make, alter and amend all needful rules and regulations for the government and management of said road. They shall elect a president, secretary and treasurer at such times and place as the said company herein named, together with such others as may become stockholders, shall agree upon, and annually thereafter to elect a president, treasurer, and secretary who shall be stockholders in said company.

SEC. 5. Said company by themselves and their agents shall have power and authority for a term of ten years, to collect toll as hereinafter mentioned, from all persons traveling upon and over said road with vehicles of any sort, horses, mules, asses, cattle and sheep, unless as hereinafter provided, said road shall become the property of the counties through which it runs; and any person who shall pass any toll-gate on said road, authorized to be erected, and shall refuse to pay such rates of toll as are herein authorized, shall forfeit and pay for each offense, the sum of twenty-five dollars, to be recovered as a fine before any justice of the peace or other court of competent jurisdiction within the county wherein such toll-gate may be situated; one-half of said fine to go to the informer who shall be a com petent witness in the case, and the other half to the use of said county.

SEC. 6. There may be erected upon the line of said road, one toll-gate and no more; at which gate there may be collected the following rates of toll and no more, to-wit: Upon each wagon or vehicle drawn by one span of horses, or mules, or one yoke of cattle, the sum of one dollar; upon each additional span of horses, or mules, or yoke of cattle to each wagon or vehicle, the sum of twenty-five cents; upon each riding horse or mule, the sum of twenty cents; upon horses, mules, cattle or asses driven loose, the sum of five cents per head; upon all sheep and hogs driven upon said road, the sum of one cent per head; Provided, It shall not be lawful to collect toll from any person passing through said gate when going to or returning from places of worship or funerals.

SEC. 7. There shall be a board of directors of five, who shall be stockholders of said company, including the president, treasurer and secretary, who shall be chosen by the stockholders, at the time for choosing said president, treasurer and secretary, and said board shall have the direction and management of the affairs of the company.

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SEC. 8. The said company shall commence the construction of said road, within three months from and after the passage of this act, and shall complete the same within one year from said

commencement.

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