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be capable of suing and being sued, defending and being defended in all courts of law, and equity in this territory; and may have and use a common seal; may alter and change the same at pleasure, Provided, That until such seal is procured, said company may use a scroll, which shall be good and valid in law, and may make such rules and regulations for the man. agement of its affairs, as the company may deem necessary.
SEC. 2. Said company are hereby authorized and empowered to lay out, survey, construct, hold, improve, alter and maintain a wagon road, commencing at Rand's saw-mill, at the mouth of Coal Creek Canon, in Jefferson county, , Colorado territory; thence on either side of said Coal Creek, in a westerly direction, up the valley thereof, about five miles, to the forks of said stream; thence up the south or left-hand fork, on either side thereof to the top of the divide, between Ralston and Coal Creek ; thence along the said divide to a point near Starr and Cooper's ranch; thence westerly, through a depression in Bare mountain, to a point near Thomas' saw-mill
, in Gilpin county; thence in a westerly direction to a point near the Walling saw-mill; thence in a westerly direction by the waters of the east fork of Mis. souri Gulch, by the most feasible route down to the north fork of Clear Creek; thence down said north fork to the city of Black Hawk. Said company shall have the right of way to build a wagon road up said Coal Creek Canon, and from thence
. to its terminus, at Black Hawk; and shall have the right of way for forty feet on each side of the line of said wagon road, and shall also have the right to take and appropriate any and all timber, stones, rocks and earth which may be necessary for the construction of the same, and also for the erection of toll. gates and toll-houses, not interfering with vested rights.
Sec. 3. Said company are hereby authorized to erect, main. tain and keep toll-gates and toll-houses, one at the said Coal Creek Canon, and one on the western division of said road, and to employ toll-gatherers, wbo shall demand and collect toll when said road is constructed and in good condition, at the following rates, at each of the said gates, Provided, however, That there shall not be more than two toll.gates erected on the line of said road: For each vehicle drawn by one or two animals, the sum of sixty-five cents; for each additional pair of animals,
fifteen cents; for each horseman, ten cents; for each pack animal, ten cents; for loose stock, five cents; for sheep and calves, two cents per head.
Sec. 4. Said company are authorized to maintain and keep said road for the term of ten years, subject to the provisions hereinafter mentioned: To collect toll on the same, or any part thereof that may be used, at the rates in proportion to the whole. Any person, after such toll at the aforementioned rates,
pay to said
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 nor more than twenty-five dollars for soch offense, the same to be collected before any justice of the peace in the county where such offense is committed ; and any justice of the peace, upon proper complaint being made, shall issue a warrant for such offender, as in other cases of misdemeanor, and upon trial for such offense, if the accused is found guilty, shall assess the amount of such fine, with costs, and im. mediately issue execution therefor, and the officer serving such execution, shall levy the same upon any personal property of the defendant, found in his county, and proceed to sell the same, as in other cases; one-half of such fine to be paid to said com. pany, and the other half to be paid into the county treasury for the use of schools in the county where such offense was committed.
Sec. 5. If any person shall willfully do or cause to be done any act or acts whatsoever, whereby any bridge, building, gate, or any other matter or thing appertaining to said road shall be injured, obstructed, or destroyed, shall forfeit and company treble the amount of damages thus sustained, to be collected before any court of competent jurisdiction, Provided, That the said company shall commence work upon said road within ninety days from the passage of this act, and shall finish and complete the same within two years from the passage of this act, and, Provided further, That nothing in this act shall be construed to authorize said corporation in exercising banking powers or issuing paper to circulate as money.
SEC. 6. Upon complaint being made to any justice of the peace in any county through which said road passes, that any part of said road in that county is not in a good condition for loare I wagons to pass over, said justice shall summons the gate keeper from said county before him, at a time not exceeding six days from the filing of said complaint, and if, upon examination, it shall appear that said complaint is true, judgment shall be rendered against said company for the costs of suit, together with a fine of ten dollars, to be paid to the person filing such eomplaint, and thereupon, no toll shall be collected by said company on that part of the road until the same is put in good con. dition for wagons' and carriages, Provided, however, That in no case shall said company be liable to prosecution or costs of suit and fine when said road is in bad condition from heavy falls of snow, snow-drifts, ice, or other Providential causes.
Sec. 7. If said company shall demand and collect toll on that part of the road, after any such judgment as provided heretofore shall have been rendered, until such part of the said road shall be put in good condition, said company shall forfeit and
pay the sum of fifty dollars for each violation, which may be sued for by the person or persons from whom such toll has been collected, or any other person in an action of debt, before any justice of the peace in the county where such toll was illegally collected.
Sec. 8. It shall be lawful for the commissioners of the coun. ties through which said road passes, to purchase the same for the use of the counties, after the expiration of ten years, by paying a fair valuation for the same.
Sec. 9. This act shall take effect and be in force from and after its passage.
Approved February 2nd, A. D. 1866.
FOR THE RELIEF OF MARSHAL SILVERTHORN, OF SUMMIT COUNTY.
Be it enacted by the Council and House of Representatives of Colo
rado Territory :
SECTION 1. That the sum of forty-one dollars and seventyfive cents, be and the same is hereby appropriated to liquidate the claim of Marshal Silverthorn, of Summit county, for ex. penses incurred in the transmission of the Summit county election returns of the August election, in the year A. D. 1861.
SEC. 2. That the auditor of the territory is hereby authorized to draw his warrant on the territorial treasurer for the sum of forty-one dollars and seventy-five cents, to be paid out of any funds in his hands, not otherwise appropriated, for the purposes specified in this act.
Sec. 3. This act to take effect and be in force from and after its passage.
Approved February 5th, A. D. 1866.
TO INCORPORATE THE OVERLAND WAGON ROAD COMPANT.
Be it enacted by the Council and Horse of Representatives of ColoTado Territory:
1414 SECTION 1. That Ben. Holladay and Bela M. Hughes, and their legal associates, successors and assigns shall be, and they
are hereby constituted a body politic and corporate, by the name and style of the "Overland Wagon Road Company,” and by that name they shall be capable of suing and being sued, of pleading and being' impleaded in all courts of law and equity, and of making contracts and doing all other acts necessary to the enjoyment of the rights and privileges hereby granted, and of adopting a common seal and altering the same at pleasure; and they shall have succession for the term of twenty years.
Sec. 2. The said corporation is hereby authorized and empowered to construct, keep in repair, and maintain for the term of twenty years, a wagon road over the route hereinafter named, that is to say: Beginning at the western boundary of Colorado territory, on White river, thence up and along that river to the mouth of Painted Rock Canon ; thence up Painted Rock Creek through Simpson's Pass; thence up the wagon road lately opened, with such changes as may be necessary to shorten the route, to where the same intersects the traveled trail over Berthoud Pass; thence on or near said traveled trail over and through Berthoud Pass, to intersect the road built by the Denver and Pacific Wagon Road Company, at or near the western terminus of that portion of said last mentioned road, which has been built by said Denver and Pacific Wagon Road Company.
SEC. 3. The said corporation is hereby authorized and empowered to construct and maintain the necessary bridges and ferries at the crossings of all streams on the line of said road.
Sec. 4. It shall be lawful for said corporation to acquire, hold, sell and convey any land' or property necessary for the use of said road, and for the use of collectors of toll on the same. 1: Sec. 5. The capital stock of said corporation shall be one hundred thousand dollars, and the same may be increased by the corporation, to a sum not exceeding two hundred thousand dollars. The capital stock shall be divided into shares of one hundred dollars each, and each share of stock shall be entitled to one vote, at all meetings of stockholders, to be cast by the holder thereof in person, or by proxy.
SEC. 6. There shall be three directors of said company, who shall be elected by the stockholders from among their number, and one of said directors shall be president of the company.
Sec. 7. The directors of said company shall manage and conduct the business and affairs of the company, and they shall have power to make, and afterwards alter or change all needful rules, regulations and by-laws for the government and management of the business and affairs of said company, and to provide the man. ner of issuing and transferring the stock of said company; to appoint such officers and agents as they may deem necessary, fix their salaries, and require and take such security from such offi. cers and agents as they may deem expedient. They shall keep
a journal of their proceedings, and they shall cause correct books of account to be kept. Sec. 8. The directors
make assessments upon the capital stock of said company, and require the payment of the same at such time and in such manner as they may
deem necessary; and if said assessments shall not be paid within the time fixed by the directors, they shall give notice to the delinquent stockholders of the fact that an assessment has been made, which remains due and unpaid, by advertisement in some newspaper published in this territory, for at least twenty days, and after such notice shall have been given, if such assessment shall remain unpaid, it shall be lawful for the directors to declare the stock upon wbich such assessment shall be due and unpaid, forfeited. No delinquent stockholder shall be entitled to vote at any meeting of the stockholders of said company.
SEC. 9. The president and directors of said company shall hold their offices for one year, and until their successors are elected and qualified; and all other officers of said company shall hold their offices for such term as may be prescribed by the by-laws.
SEČ. 10. The stockholders of said company shall meet annually, for the purpose of electing the president and directors of said company, and transacting such other business as may be necessary, at such time and place as may be provided in the bylaws, and at every such meeting, the directors shall make a full aud complete statement of the affairs and condition of the company, and its operations during the preceding year, which statement, together with the books of account and record of pro. ceedings of the company, and of the board of directors, shall, at all times, be open to the inspection of the stockholders of said company.
Sec. 11. The said corporation shall complete said road within three years from the passage of this act.
SEC. 12. The said corporation shall have authority, after one year from the completion of the said road, to collect tolls on said road as hereinafter mentioned, from all persons traveling over or upon said road, with wagons or vehicles of any kind, or with horses, mules, asses, cattle, sheep or hogs; and any person who shall pass any toll-gate, which said company are authorized to erect on said road, and shall refuse to pay toll, as required by this act, shall forfeit and pay to said corporation the sum of twenty-five dollars, to be recovered by said company in an action of debt, in any court of competent jurisdiction.
SEC. 13. The corporation may erect and maintain toll-gates on said road, at such points as will, in the opinion of the directors, subserve the interests of the corporation, and not exceeding one for every thirty miles of road, at each of which the said