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Seaman and their legal associates, are hereby declared a body politic, and corporate under the name and style of “The South Park, Blue River and Middle Park Wagon Road Company," and by that name may sue and be sued, plead and be impleaded in all courts of law and equity in this territory, having competent jurisdiction, in such cases made and provided. 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 to construct, hold, alter, improve and maintain a wagon road commencing at Tarryall, in the county of Park, thence via Breckinridge down -the Blue river to the mouth of Snake river, thence by the most praeticable route, to a point in the middle Park, in Summit County, where said road intersects the Overland Wagon Road; also to construct a branch to said road commencing at the mouth of the said Snake river in the county of Summit, thence up the said Snake river, terminating at Silveropolis in Summit county. · 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 the · corporation so to do. ii .
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 such places as the said company, together 'with such others as may become stockholders, shall agree upon, and annually thereafter to elect a president, secretary and treasurer, who shall be stockholders in said com. pany.
Sec.5. Said company. by themselves and their agents, shall have power and authority for the term of ten years, to collect toll as hereinafter mentioned, from all persons traveling upon and over said road with vehicles of any kind, horses, mules, asses and cattle, 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 any court of competent jurisdiction within the county or district wherein such toll-gate may be situated; half of said fine to go to the informer, who shall be a competent witness in the case, and the other half to the use of the common schools of the county in which such offenise may have been committed. 71.871 p.si
SEC. 6. There is more, at each road, the follo
SEC. 6. There may be erected on each section of said road, one toll-gate and no more, at each of which for the first five years after the completion of said road, the following rates of toll may be collected and no more, to-wit: upon each wagon or vehicle drawn by one span of horses or mules, or one yoke of oxen, the sum of one dollar, cents, and upon each addi. tional span of horses, or mules or yoke of oxen, to each wagon or vehicle, the sum of twenty-five cents; for any wagon or vehicle drawn by one horse, mule or ox, the sum of seventyfive cents; upon each saddle horse, mule or ass with its rider, ten cents; upon horses, mules, cattle or asses, driven loose, five cents; all sheep, goats and hogs driven over said road free. And after the expiration of five years, the rates of toll may be fixed by the legislature of the territory or state of Colorado, Provided, It shall not be lawful to collect toll from any person passing through said gates when going to or returning from elections, funerals or places of worship.
Sec. 7. Said company shall elect five persons as a board of di. rectors, who shall be stockhol lers in said company, including the president, secretary and treasurer, who shall be chosen by the stockholders at the time of choosing the said president, secretary and treasurer, and annually thereafter. Said board shall have the direztion and management of the affairs of the com. pany.
Sec. 8. Said road may be divided into sections; the first section including that part of the road between Tarryall, in the county of Park, and Breckinridge in the county of Sum nit. The second section shall include that part of said road, between Breckinridge and Silveropolis. And that part of said road be. tween the mouth of Snake river, and terminating at a point where said road intersects the Overland Wagon Road in the Middle Park, shall constitute the third section.
SEC. 9. Said company shall commence the construction of said road on or before the first day of June, A. D. 1866, and shall complete the first section of said road, within three months from the time of commencement. The second section of said road, to be completed within twelve months from the time of commencement. And the third section of said road. shall be completed within two years from the time of commencement; Provided that, Whenever any one section of said road shall be completed, the said company is hereby authorized to erect and maintain one toll-gite upon said section so com: pleted in good condition for traveling.
Sec. 10. Upon complaint being made to any justice of the peace, or any court of competent jurisdiction, in any district through which said road extends, that any part of said road is not in good condition for wagons or vehicles, the said justice or
until said rohicles of any road shallans for
said court of competent jurisdiction, sliall summon the gate. keeper nearest the place on said road complained of, to appear before the court, as in other cases, and if it shall appear to the said justice, or said court of competent jurisdiction, that they complaint is true, judgment shall be rendered against the company, for not less than fifty, nor more than one hundred dollars and costs of suits; one-half to go to the informer, and one-half to the county road fund, 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 of any kind; and if any. gate-keeper shall demand any toll before said road shall be so repaired, he shall forfeit and pay the sum of twenty dollars for every such offense, which may be sued for and collected as any. other debt, one-half of which to go to the informer, the other half to the road fund of the county in which said gate-keeper may reside...
SEC. 11. The said company shall have the right of way for said road, and ten rods on each side of the same, along its entire length, Provided however, That said road shall not interfere with the rights vested in any other person or persons, without their consent, and Provided further, That nothing herein granted shall prevent the counties of Park and Summit from assuming the control of said road, by reimbursing said company for moneys expended, at a fair valuation of their road at the time of transfer or purchase.
Sec. 12. If the said company shall fail to comply with any of the provisions of this act, it shall work a forfeiture of all the rights and privileges herein granted, except when hindered by high waters, snow or ice.
SEC. 13. This act shall take effect and be in force from and after its passage.
Approved February 5th, A. D. 1866.
TO AMEND AN ACT ENTITLED “AN ACT TO INCORPORATE TIE EXCELSIOR.
. DITCH COMPANY,” APPROVED MARCH 11TH, A. D. 1864.
Be it enacted by the Council and House of Representatives of Coli
orado Territory: .
SECTION 1. That section one (1) of said act be amended by" inserting after the name of "John Carr" in first line of said sec tion, the names of P. A. Potter, E. M. Bell, Oliver Jacobs, John
Harriff, John Asher, D. D. Wolff, N. Paquin, J. W. IIenry, a John Flemming Stanton and R. V. Farnsworth,
SĖc. 2. That section two (2) be amended by striking out the word “below” in the fourth line of said section, and iysert the words "above the east line."
SEC: 3. That'said company shall on or before the first day of May, A. D. 1866, proceed to have all damages assessed thatmay. accrue' to the said Baxter by reason of the extension thereof, i according to law, and shall wherever said company's ditch crosses any road or ditch, bridge or flume the same respectively..
Sec. 4. This act to 'take effect and be in force from and after its passage."
Approved February 5th, A. D. 1866.
Be it enacted by the Council and House of Representatives of Colo
SECTION 1. That the company composed of G. B. Frazier, i Henry W. Johnson, Stephen Frazier, II. J. Frazier, W. W. Johnson, John T. Smith, P. H. McCumber, John Locke, J. J. Risser, Wm. Locke, Wm. Watson and R. J. Frazier, now known and doing business under the name of the “Fremont Ditcb and Irrigating Company,” their successors, heirs and assigns, shall have for the full term of twenty years from the passage of this act, the exclusive right and privilege of running and keeping in repair the ditch now commenced and ; being completed, heretofore known as belonging to the Fremont Ditch and Irrigating Company, for the purpose of conveying the water of the Arkansas river, to the farmers and mill men who are now or may be interested in said ditch. Said ditch being located in Fremont county, Colorado territory, in and on the south side of the Arkansas river. Said ditch com mencing at a point near where said river leaves the bluff on the land of Franklin McCumber, from thence, following the line of said ditch that is now completed, to the west bank of Oak Creek; thence following a survey of said ditch, as near the line of bluffs as practicable, to the east line of Thomas Lewis' claim, said ditch to empty into the Arkansas river.
SEC. 2. The company for the said term of twenty years shall have the exclusive right of way along the line of said ditch,
ing located in or may be inver, to the famourpose of
for the distance of one rod on each side, and shall have the free use of stone, earth or other material for the purpose of keeping said ditch in repair.
Sec. 3. The aforementioned ditch company are hereby made and declared a body politic and corporate, capable of suing and being sued, pleading and being impleaded in law and equity, under the name and style of the Fremont Ditch and Irrigating Company.
Sec. 4. The capital stock of said company shall be three thou. sand dollars, with the privilege of increasing the same to ten thousand dollars, and divided into shares of such sums as the company may elect.
Sec. 5. The company shall have the right to elect such officers, and adopt such rules and regulations as may seem to them best for the interests of the company.
SEC. 6. The company shall have the right to dispose of the water in said ditch for irrigating purposes, in such a manner as the company shall think best, and for mill purposes and me. chanical power, at such rates as may be deemed reasonable by the company.
Sec. 7. Nothing in this act shall be construed so as to interfere with rights acquired by said company, prior to the passage of this act.
Sec. 8. All persons who shall wantonly or maliciously interfere with or injure said company's ditch or appurtenances thereunto belonging, shall upon conviction, be deemed guilty of a misdemeanor, and punished by a fine not less than ten nor more than three hundred dollars, or imprisonment not more than six months or both, and also be liable for action for damages.
Sec. 9. Nothing in this act shall be construed so as to invali. date any contract or bargain made by said company prior to the pissage of this act; nor shall this act be construed to set aside à certain certificate of corporation procured and acknowledged the 23rd day of January, A. D. 1865, by said company, Provided, Said certificate does not conflict with this act; and Provided fur. ther, That all parts of said certificate that do conflict with the provisions of this act, are hereby amended so as to conform with this act.
Sec. 10. This act shall take effect and be in force from and after its passage.
Approved February 9th, A. D. 1866.