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Denver,” approved March 11th, 1864, be and the same is hereby amended by striking out the word “six” in the third line from the top of said section and inserting the word “fifteen" instead thereof.
SEC. 7. The City Council of the City of Denver, shall have power to define and fix the boundaries of the channel of Cherry Creek, within the corporate limits of said City, and to remove obstructions therefrom and to prevent persons from obstructing the same,
SEC, 8. This act shall take effect and be in force from and after its passage.
Approved February 10th, 1865.
TO INCORPORATE THE COLORADO AND CLEAR CREEK RAILROAD
Be it enacted by the Council and House of Representatives of
Colorado Territory :
SEC. 1. That Henry M. Tyler, John T, Lynch, John A. Nye, William A, H. Loveland, Thomas Mason, Albert Gilbert, Milo Lee and Enos K. Baxter, of the Territory of Colorado, and James M. Mills, George Hoyt, John A. Dix, Ebenezer Cook,
William W. Wright, Thomas Smull, Luman C. Pollard and William Bond, of the State of New York, and Matthew Laflin of Chicago, Illinois, and Andrew McKinney of Boston, Massachusetts, and Samuel A. Wheelwright George B. Batterlee, William B. Ogden and Jonathan Cox, with such other persons as may associate with them for that purpose, are hereby constituted a body politic and corporate, by the name of the Colorado and Clear Creek Railroad Company, and under that name and style shall be capable of sueing and being sued, impleading and being impleaded in law and equity, in all courts in this territory, may make and use a common seal and alter or renew the same, be capable of contracting and being contracted with, and are hereby invested with all
power, privileges, immunities and franchises, and of acquiring by purchase or otherwise, and of holding and conveying real and personal estate which may be needful to carry into effect fully the purposes and objects of this act.
SEC. 2. The said company is hereby authorized and empowered to survey, locate, construct, complete, alter, maintain and opperate [operate] a railroad, with one or more tracks, com
mencing at or near the western boundary line of Golden City, ie Jefferson County, Colorado Territory, thence running in a westerly direction up the stream of Clear Creek, or Vasquez Fork, to the junction of the north and south fork of said stream, thence
up the north fork of said'stream to the City of Black Hawk and Central in the county of Gilpin, Colorado Territory; and from the junction of said forks up the south fork of the aforesaid stream to Idaho and Empire City, in Clear Creek County, Colorado Territory. Also, commencing at the aforesaid starting point, at or near the western boundary line of Golden City, in Jefferson County, Colorado Territory, thence running in a south easterly direction, over the most feasible route, to Denver City, thence to Kiowa and Bijou Basin. Also commencing at the aforesaid place of beginning, at or near the western boundary line of Golden City, in Jefferson County, Colorado Territory, and running in a north easterly direction to the coal beds on Coal Creek, Boulder City, St. Vrains, Big Thompson and Cache la Poudre, in Colorado Territory by the most practicable route.
SEC. 3. The said company shall have the right of way for said railroad upon that portion commencing at Golden City and running west to Central City in Gilpin County, and Empire City, in the County of Clear Creek, and upon the branches of said road running from Golden City to Kiowa and Bijou Basin via Denver, and from Golden City to Cache la Poudre, via of Coal Creek, Boulder City, Big Thompson and St. Vrains, shall have the right of way upon and may appropriate to their sole use and control, for the purposes contemplated herein, land not exceeding one hundred feet (100) in width and for the purpose of depots, side tracks, cuttings and embankments, for building engine houses and shops, or wood and water stations, may take more land, earth, or material as may be necessary.
SEC. 4. All such lands, material and privileges belonging to the territory are hereby granted to such railroad for the purposes named in the previous section, and may construct such road on or across other railroade, common roads, rivers or streams, which it may intersect in such a manner as not to materially impair their usefulness.
SEC. 5. The capital stock of said corporation shall be five millions of dollars, which may be increased from time to time to any.sum not exceeding the amount expended on account of said road, divided into shares of one hundred dollars each, which shall be demed personal property, issued and transferred as may be provided by the laws regulatir.g said compány.
Sec. 6. All the corporate powers of said company shall be vested in and exercised by a board of directors, and such officers and agents as they may appoint, The board of directors
shall consist of eleven persons, stockholders, five of whom at least shall be residents of Colorado, who shall be chosen annu. ally by the stockholders, each share having one vote, by person or by proxy, and continued in office until their successors are elected and qualified; vacancies in the board may be filled by a vote of two thirds of the remaining directors,
SEC. 7. The president and directors for the time being, or, their officers or agents, are hereby empowered to exersise (exercise] all the powers herein granted for the purpose of survey. ing, locating, constructing and operating said railroad and branches, and for transportation of persons, goods and merchandize, and shall have authority of contract and management; of the affairs of said company, as may be necessary to carry into effect the intent of this act.
Sec. 8. The said company shall have power to make, ordain and establish such by-laws, rules and regulations as may be deemed expedient for the objects and interests of the company; Provided, They be not inconsistant [inconsistent] with the laws of the United States or of this Territory. They shall have power to establish such rates of transportation of persons and property as may be necessary, and collect the same, and have direction in all matters and things respecting the use of said road, and the transportation of persons and property as may be necessary; Provided, That the Legislative Assembly of this territory or any legislative body, having general legislative authority over the country in which said road is located may, after the expiration of twenty-five years from the passage of this act, and at the expiration of each period of twenty years thereafter, prescribe rates to be charged and collected by said corportion for transporting passengers and freight over said road and the branches thereof,
SEC. 9. It may be lawfull [lawful] for said railroad company their agents or engineers, for the purpose of exploring, surveying and locating said road, to enter upon any lands, and may acquire by release, donation or otherwise, any lands, and may hold the same or convey to others or use the same in any manner deemed for the interests of said company,
SEC. 10. If said company cannot obtain the right of way by purchase or otherwise, or the owper refuse to agree upon terms, or when the owner is unknown, dead, or under age, or an idiot, either party may make application to the District Judge where the land is situated, upon notice posted ten days in some public place, asking the appointment of commissioners to appraise the damage to land and property acquired for the purpose
of the road, and said damages, if any shall be appraised by said commissioners and said appraisement shall be subject to an appeal by either party, if made within twenty days, on giving bonds for costs to the district court of the district wherein the property is situated.
Sec. 11. Upon such application being made to such judge he shall appoint seven disinterested persons to act as commissioners for the appraisal of such damages, taking into consideration the advantages as well as any injury to the parties interested in such lands, said commissioners shall by public notice appoint a time and place, and may adjourn if nccessary, for hearing of parties, and proceed to examine the land, ascertain and determine the damages, if any, and, under oath, impartially and justly to appraise the land necessary for the use of said company, and faithfully perform the duty, to the best of their judgement (judgment] and ability. They, or a majority of them, shall make up and sign the award to the parties, emhracing a description of the lands and amount of damages to each, and make a return of their doing to the judge of the district court. The commissioners making such appraisal shall be entitled to pay for their services, at the rate of five dollars per day, and ordinary traveling expenses, which shall be paid by said campany.
Sec. 12, If any person shall carelessly, wilfully or maliciously hinder, delay or obstruct the workmen or the passage of trains, or shall place any obstructions on the track, or in any manner impair or destroy any tools, cars or other property of said railroad, or or pertaining to it, or aid or abet any person in the commission of such trespass, all such persons shall forfeit and pay said company or agent treble the damages as shall be proven before any court, and shall be liable to indictment and imprisonment for a term not exceeding five years, in the discretion of !he court who shall try the same.
Sec. 13. Subscriptions to the stock of said company may be made in land in the same manner as in cash, and said company are hereby authorized to hold, purchase and convey the sume as they may deem for their interest.
Sec. 14. The company are hereby authorized to issue bonds upon their road, and hold or sell the same in sueh amounts, upon such terms, above or below par, and at such rates of interest as may be determined by said company, and which shall be be binding upon the parties interested; Provided, however, That said bonds shall not be issued for a less sum than five hundred dollars.
SEO. 15. Said corporation shall, within a reasonable length of time after said road or branches are definitely located, cause a map and profile to be made of the route of said road, and Alle the same in the office of the gecretary of the Territory,
Sec. 16. The company shall have power to make such contraets and arrangements with other railroads which connect
with or intersect the same as may be mutually agreed upon by the parties, for leasing or running their roads or any part thereof in connection with roads in other States and territories, and shall be empowered to consolidate their property and stock with each other, such consolidation to take place whenever such companies shall respectively agree upon the terms and conditions, and shall have all the powers, priviliges and liabilities that they may hold by their separate charters, by filing a copy of such article of consolidation in the office of the Secretary of the territory.
SEC. 17, It shall be lawfull[lawful] for any incorporated town or city and the several countieis in this territory to subscribe to the capital stock of said company, and to take as many shares of the stock thereof as shall, by the people of such incorporated town, county or city, be authorized, in the manner hereafter provided and such town, city or county may issue bonds to secure any amount so taken and subscribed, and in such way and manner, and for such length of time as the corporate authorities of such city or town, or the county commissioners of any county shall determine; Provided, That beforo any stock shall be taken as aforesaid by any town eity or county as aforesaid, the question whether such stock shall be taken or subscribed shall be submitted to the legal voters of the town, city or county which proposes to subscribe to the capital stock of said company, at some general election, and if a majority of the legal voters of such town, city or county shall declare in favor of such subscription to the capital stock the same shall be taken and subscribed, otherwise, such stock shall not be taken and subscribed.
SEC. 18. The said railroad shall be free from taxation either Territorial or State, county and towa tax during the term of its building.
Sec. 19. That said company shall survey or cause to be surveyed that part of said railroad, commencing at or near the western boundary line of Golden City, in Jefferson County, Colorado Territory, and ending at Central City, Gilpin County, Colorado Territory, within four months, and the survey of the branches of said railroad to be completed within one year from the passage of this act.
SEC. 20, The said company shall complete the grading of that part of said railroad beginning at or near the western boundary line of Golden City, Jefferson County, and terminating at Central City, in the County of Gilpin, in the Territory of Colorado, within three years from the passage of this act, and within six months thereafter, the said company shall complete and finish said railroad with the necessary rolling stock for practical operation, and that portion running up the south tork