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SEC. 9. Upon complaint being made to any justice of the peace in any township through which said road extends, that any part of said road is not in good condition for wagons or vehicles, the said justice shall summon the gate-keeper to ap. pear before him as in other cases, and if it shall appear to said justice that the complaint is true, judgment shall be rendered against the said corporation for costs, and thereupon no. toll shall be collected by said gate-keeper until said road shall be put in good repair for the passage of wagons and vehicles. And if any gate-keeper shall demand and collect any toll before the said road shall be so repaired, he shall forfeit and pay the sum of twenty-five dollars, which may be sued for by any person; one-half to go to the informer, and the other half to the county in which such gate-keeper shall reside. I . '.
SEC. 10. If the said company shall fail to keep said road in good condition for travel and freighting during all seasons of the year, except when prevented from so doing by unavoidable hindrances, they shall forfeit all their rights under this act, Provided, That at any time the commissioners of the county through which said road may extend, may take possession of said road, as provided in section forty-nine of an act entitled "an act to amend an act to enable road, ditch, manufacturing and other companies to become bodies incorporate," approved March 11th, A. D. 1864.
Approved February 1st, A. D. 1866. Lusi
SUPPLEMENTARY TO AN ACT ENTITLED “AN ACT TO INCORPORATE THE
CANON CITY, GRAND RIVER AND SAN JUAN ROAD COMPANY, APPROVED NOVEMBER 6th, A. D. 1861. ,
Be it enacted by the Council and House of Representatives of Col
orado Territory :
-SECTION 1. That all the rights, privileges and franchises granted and conferred by the act to which this act is supplemental, are hereby confirmed, and the exercise thereof is hereby granted to the persons or person, constituting said Canon City, Grand River and San Juan Road Company, for the period of ten years from and after the passage of this act. i
; ;. SEC. 2. This act shall take effect and be in force from and after its passage. . . ..
Approved February 1st, A. D. 1866..
ro'. : ito , , AN
., TO INCORPORATE ROCKY MOUNTAIN LODGE No. 2, INDEPENDENT ORDEB
OF ODD FELLOWS. Be it enacted by the Council and House of Representatives of Colorado Territory:
SECTION 1. That the officers and members now constituting Rocky Mountain Lodge No. 2, Independent Order of Odd Fel. lows, at Central City, Colorado territory, and their successors and associates, be and are hereby constituted a body corporate and politic by the name and style of “Rocky Mountain Lodge No. 2, Independent Order of Odd Fellows, " by which name they may sue and be sued, plead and be impleaded.
SEC. 2. Said corporation shall be capable of buying and leasing, holding and selling any estate real or personal, which they may deem necessary to facilitate them in the object of their order, and to make contracts of all kinds, and to establish by. laws, rules and regulations for the government of the corporation, not incompatible with the constitution of the United States and the laws of this territory.
SEC. 3. That said corporation may have a common seal, which may be altered at pleasure.
SEC. 4. This act shall take effect and be in force from and after its passage.
Approved February 1st, A. D. 1866. . . :
AN ACT To INCORPORATE THE BOULDER AND WELD COUNTY DITc# COMPANY,
Be it enacted by the Council and House of Representatives of Colo
SECTION 1. That William W. Burns, John Bailey, Christopher Eulner, W. M. Jones, Sylvester J. Plumb and their associates, successors and assigns, be, and are hereby incorporated as a com. pany under the name and style of “The Boulder and Weld County Ditch Company," and by that name may sue and be sued, plead and be impleaded in all courts of law and equity in this territory. .. . . .
SEC. 2. That the said company shall continue for the term of ten years, and shall have the 'exclusive right to construct and operate a ditch for the conveyance of water to the farmers and
others along the line of said ditch, commencing at [a] point where the ditch known as “The Daily and Peck Ditch" intersected Boulder Creek on John John's claim, in the west half of the south-west quarter of section one (1), in township one (1), north of range sixty-nine (69) west, in Boulder county Colo. rado territory, thence along Boulder Creek to Dry Creek, thence in a north-easterly direction into Weld county, crossing the county line at or near the south-east corner of the north-east quarter of said section one (1), thence running in a north-easterly direction through section six (6), in township one (1), north, range sixty-eight (68) west, and through sections thirty-one (31) thirty-two (32),; twenty-eight (28) and twenty-one (21) in town ship two (2), north of range sixty-eight (68) west, to where the said ditch shall intersect with Idahoe slough in said section twenty-one, near the centre of said section.
SEC. 3. That said company shall have the right of way two rods in width, over such land as may be deemed necessary for the construction and maintenance of their ditch, but said company shall be deemed and held liable for all damages done the property of others in the construction of said ditch, at á fair valuation, in which the benefit accruing from its construction, shall also be considered, and for all damages that may result through neglect or carlessness in operating said ditch.
SEC. 4. The said company shall be allowed to collect from those using water from their ditch a reasonable price for the same, specified by the commissioners of Weld county. ;
Sec. 5. The said company shall commence the construction of the said ditch, within thirty days from the passage of this act, and complete the same within two years.
Sec. 6. All persons who shall wantonly or maliciously injure the said company's ditch or appurtenances thereunto belonging, shall upon conviction thereof, be deemed guilty of a misde. meanor, and punished by a fine of not less than five dollars, nor more than a hundred dollars for each offense.
SEC. 7. The said company shall have the power to make such rules and by-laws as by them shall be deemed needful and requisite for the management and regulation of the affairs of the company, and provide for such officers and their duties as they may see fit. .
Sec. 8. The capital stock of said company shall be two thou. sand dollars, to be divided into shares of one hundred dollars each.''
Sec. 9. This act shall take effect and be in force from and after its passage. ! Approved February 2nd, A. D. 1866.
of the said maplete the same shall war
. AN ACT
TO INCORPORATE THE SOUTH BOULDER AND DRY CREEK IRRIGATING AND Dircn COMPANY.
Be it enacted by the Council and House of Representatives of Colo.
SECTION 1. That Levi Hake, William A. Davidson, S. M. Breath and their legal associates and successors, are hereby created and made a body politic and corporate by the name and style of the “South Boulder and Dry Creek Irrigating and Ditch Company,” by which name they may sue and be sued, implead and be impleaded in all courts of this territory, both at law and in equity.
Sec. 2. Said company shall have the power for the term of ten years, to build, construct and operate a ditch and fill the same with water from the South Boulder Creek, Boulder county, territory of Colorado, commencing to take the water therefrom at a point on South Boulder Creek on the farm known as the - Walling Place," and opposite the first island above the house of Jacob Schener, by which to convey the water of said stream into the valley of said Dry Creek, to the lands on the dividing ridge between Dry Creek and the main Boulder Creek, and the lands on the dividing ridge between Dry Creek and Coal Creek, for the purpose of irrigating the same, and the lands in the val. ley of Coal Creek for the purpose of irrigating the same; the line of said ditch will be along the valley of South Boulder Creek, to the head of the dry channel of Dry Creek, thence fol. lowing the dry channel of said creek, to the farm of Davidson and Breath on main Boulder Creek, thence along the slope of the ridge, to distribute water to the farms or lands along the line of said ditch, to a point on main Boulder Creek, known as the farm of William Howell, and discharging its surplus water into the main Boulder at or near that point.
Sec. 3. The capital stock of said company shall be ten thouHand dollars, to be increased to any amount not exceeding twenty thousand dollars, by a two-third vote of the stock, at any regu. lar meeting of the stockholders, which stock may be represented and voted by proxy given in writing, by the party or parties in whose names the stock may stand on the books of the com. pany. • SEC. 4. Said company may make all needful rules, regulations and by-laws for the management and government of said com. pany, not inconsistent with the laws of this territory, and they may elect a president, secretary and treasurer and a board of directors, and such other officers as they may prescribe by their by-laws, which officers shall hold their offices for one year, or until for some good reason they shall be removed by a two. third vote of said company...
Sec.5. Said corporation shall commence the actual work 'on the construction of said ditch, within three months from the passage of this act, and shall complete the same within two years thereafter.
Sec. 6. That said company shall have power after the com. pletion 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. 7. The said company shall have the right' of way for constructing their said ditch, ten 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.
SEC. 8. Nothing in this act shall be construed to interfere with the rights of any person acquired before the passage of this act.''
Sec. 9. Any person or persons wantonly interfering with the ditch of the company, or any of its works, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not less than ten nor more than one hundred dollars, and shall also be liable to a civil action by said company for any damages sustained by said interference. ! . Sec. 10. That all fines incurred by the provisions of this act, shall be paid into the county treasury, for the use of common schools of the territory. : SEC: 11. This act to take effect and be in force from and after its passage. ** Approved February 2nd, A. D. 1866. '. iii. is
'To INCORPORATE THE COAL CREEK AND - BLACK HAWK, WAGON ROAD . Finn ,,pa B COMPANY.","...
Be it enacted by the Council and House of Representatives of Colo- feštado Territory: ;
' ; .por ?;;! E merson,
SECTION 1. That Elisha Duncan, John Duncan, and such other persons as may, from time to time, be associated with them for that purpose, are hereby, incorporated and made, a body corporate and politic, by the name and style of The Coal Creek and Black HawkWagon Road Company," and by that name shall