occupied by said town company, and to sell, improve or convey the lots, or any property, or any part of the said tract.

SEC. 3. The said company shall have power to make additions to the said town tract, as they may deem consistent, not intruding or infringing on the rights or prior possessions of any other occupant.

Approved February 6th, A. D. 1866.

AN ACT

TO INCORPORATE the PENNSYLVANIA GOLD AND SILVER MINING COMPANY OF COLORADO.

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

SECTION 1. That E. Norris Stearns, James B. Cass, A. Cameron Hunt and their legal associates and successors, are hereby constituted a body politic and corporate, by the name and style of The Pennsylvania Gold and Silver Mining Company of Colorado, and by that name shall be capable of making contracts, of suing and being sued, impleading and being impleaded in all matters whatsoever, in all courts of law and equity in this territory, and may have and use a common seal, which may be altered at pleasure. They shall elect, annually, a board of five directors, who shall have power to make, and afterwards to alter all needful rules and regulations for the government of said company, and the management of ditches constructed, or to be constructed by them. The board shall elect a president, secretary, treasurer and superintendent, at such times and places as the said company shall appoint, to hold their offices for one year.

SEC. 2. The said company shall have, for twenty (20) years, the right for conveying water for mining or mill purposes, by a ditch or ditches, from any point on the Platte river between Montgomery and Buckskin Joe, and along the side of the mountain north and east of the Platte river, and along the southern slope of said mountain to Beaver Creek, near the head of Poor Man's Gulch, and also a ditch from Trout Creek, at or near the base of Silver Heels Mountain, to Beaver Creek Gulch, at any point on said gulch they may desire, and shall have the exclusive right of way along the line of said ditches for a distance of ten rods on each side of the same, and the free use of stone and timber along said ditches, for the purpose of constructing and keeping them in repair. Said company are hereby author

ized to run a bed-rock flume up the Beaver Creek Gulch, to the end of their ditch, for the purpose of working said gulch, which shall be and hereby is entitled to the same protection from trespassers as their ditch; and the said company shall have the right to own and work any gold or silver lodes, or gulch mines which they may own, discover or purchase, in the county of Summit, territory of Colorado.

SEC. 3. The capital stock of said company shall be one hundred thousand ($100,000) dollars, and may be increased by a vote of the company to two hundred and fifty thousand ($250,000) dollars, divided into shares of such sums as the company may elect, and each share shall be entitled to one vote at all elections of the company, which stock may be represented and voted by any one holding a written proxy from the party or parties in whose name the stock stands in the books of the com

pany.

SEC. 4. The company shall have the power to make such rules, regulations and by-laws as to them may seem needful and requisite for the management and regulation of the affairs of the company and the transfer of stock.

SEC. 5. The board of directors of said company shall have such powers and perform such duties as may be assigned to them by the laws of the company.

SEC. 6. The said company shall be deemed and held liable for all damages done to the property of others, through neglect or carelessness in operating said ditch.

SEC. 7. The said company shall have the right to charge and collect payment for all water furnished by their ditch and used by others, at the rate of fifty cents for day water, and twentyfive cents for night and second water, per square inch, measured with a five-inch head.

SEC. 8. The said company may purchase and hold property, both real and personal, which shall be necessary for the exercise of the legitimate business and powers herein granted, whenever so declared by a vote of two-thirds of the stock at any election.

SEC. 9. All papers or contracts, wherein the company are interested, shall be signed by the president and secretary of the company, who alone shall have the power to bind the company in any contracts or evidence of indebtedness.

SEC. 10. Any person or persons who shall wantonly or maliciously interfere with or injure the said company's ditch or appurtenances thereunto belonging, shall, upon conviction thereof, be guilty of a misdemeanor, and punished by a fine of not less than five (5) dollars, nor more than three hundred (300) dollars, or imprisonment not more than six months, or both.

SEC. 11. The stockholders shall be holden for the debts of the company to the full amount of their stock unpaid.

SEC. 12. This act shall take effect and be in force from and after its passage.

Approved February 6th, A. D. 1866.

AN ACT

TO INCORPORATE THE ROCKY MOUNTAIN PIONEER TRACTION AND ENDLESS RAILWAY COMPANY.

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

SECTION 1. That Joseph W. Watson, President, A. R Johnson, vice-president, Amos Avery, secretary, V. Parker, treasurer, J. T. Cornforth, superintendent, Don Carmichael, Thomas Cornforth, Eben Smith, J. R. McDonnell, Richard E. Whitsitt, W. A. II. Loveland, with their legal associates and successors, are hereby constituted a body politic and corporate, by the name and style of the Rocky Mountain Pioneer Traction and Endless Railway Company, and by that name shall be capable of making contracts, of suing and being sued, of impleading and being impleaded in all the courts of law and equity in this territory, and may have and use a common seal, which may be altered at the pleasure of said company.

SEC. 2. Said corporation shall have power to make and afterwards to alter all needful rules and regulations for the government of said company, providing for the election and changing of such officers as may be provided for by the by-laws or rules of the company.

SEC. 3. That said company shall have for twenty years the sole privilege of using within the boundaries of said territory, Boydell's traction engines and endless railways, for the purpose of conveying in cars drawn by said engines, and upon said railways, coal, lead, quartz, gold or other mineral, also wood, wares, merchandise and other personal goods and chattels."

SEC. 4. That said company shall have the right and privilege to use said traction engines and endless railways upon all public roads in said territory, Provided, That said company shall occasion no inconvenience to teams or persons traveling on said public highways with their said engines and cars, and Provided further, That said company shall convey all articles in their said cars, at a price not exceeding the sum charged by mule teams for the same kind of freight per pound, and shall be liable for

all damages done the property of others through neglect or carelessness in operating said engines or cars with endless railway attached.

SEC. 5. That said company may purchase and hold property, personal and real, which may be necessary for the legitimate business of the said company, also to purchase and hold coal or other mining claims, to construct within the territory, roads of their own, for the running of said engines and cars with endless railways, erect depots, coal and wood yards, tanks for water, and do whatever may be necessary for the successful working of said engines and endless railways.

SEC. 6. The capital stock of said company, shall consist of one hundred thousand dollars, which may be increased by a vote of the company to any amount necessary to accomplish the object of the company, to be divided, held, transferred or disposed of in all respects, as the by-laws of the company may direct.

SEC. 7. That said company are hereby authorized and empow ered to establish, keep and maintain, for the use of the said engines and endless railways, to facilitate the crossing of the engines and cars of said company, over certain streams, such bridges as may be necessary for the use of said company, upon all routes and roads upon which they shall run said engines and cars with endless railway, within said territory.

SEC. 8. That said company by its officers, agents and em ployees, shall have the sole right and privilege to use and enjoy the said bridges so erected, kept and maintained by them at the crossing of streams on the lines of the road used for said engines and endless railways, within this territory, for and during the period of twenty years, from and after the passage of this act, and shall not be subject during said period to any infringements upon said right and privilege, by the erection, keeping and maintaining of any bridge across any stream by any other person, or corporation, within a distance of one-fourth of a mile on each side of the roads used by said company for their engines and endless railways, without the consent of the said company, Provided, That said company do not infringe upon any of the privileges heretofore acquired by any person or corporation.

SEC. 9. That the rates of toll which said corporation shall be allowed to charge, shall be fixed by the county commissioners of the county or counties through which said road passes, or in which any bridge built by said corporation shall be located.

SEC. 10. That said company may apply to the board of county commissioners of any county through which said company proposes to construct a road, upon which to run its engines, cars and endless railways, to lay off along the line of such proposed

road, as located by the company, a route for such proposed road, not exceeding one hundred feet in width, except it passes through a hill or bluff, where it shall be the necessary width, exceeding one hundred feet, through so much of said county, as may be desired by said company, and also such land as may be deemed necessary for said roads, depots, coal yards and water stations, also to conduct water by aqueducts, and the right of making proper drains.

SEC. 11. Upon application being so made in writing, such board of county commissioners shall forthwith have such route, side roads, depots, grounds, &c., laid off in the same manner, and by the same mode, as is, or shall be provided by law, for condemning and laying off private property for the use and benefit of railways in said territory, and said company shall have the right to obtain said lands thus laid off for its own use, at and on the same terms, as though said lands were laid off or condemned for railroad purposes.

SEC. 12. All papers and contracts to bind the company, must be signed by the president and secretary, who alone shall be authorized to give evidence of indebtedness.

SEC. 13. All persons who shall wantonly or maliciously interfere with or injure the said company's engines, cars, roads, tanks or other property thereunto belonging, shall upon conviction thereof, be deemed guilty of a misdemeanor, and fined in any court of competent jurisdiction, not less than one hundred dollars, nor more than twice the value of the damage thus done to the property of said company.

SEC. 14. Said company shall commence the conveyance of articles, by cars drawn by said engines, and upon said endless railway, within one year after the passage of this act, and at all times thereafter, during the usual hours of business, unless prevented by inevitable accident, have said cars and engines on all the roads used and in operation by said company, in a condition to convey and deliver on such roads within a reasonable time, all freight offered to said company to convey.

SEC. 15. This act to take effect and be in force from and after its passage.

Approved February 9th, A. D. 1866.