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corporation may collect tolls at the following rates, and no more,
that is to say: Upon ' each wagon or vehicle, drawn by one pair of horses, mules or cattle, the sum of one dollar; and for each additional pair of horses, mules or cattle, the sum of twenty-five cents; upon each vehicle drawn by one animal, the sum of seventyfive cents; upon each animal ridden by any person, the sum of twenty cents; upon each pack animal, the sum of ten cents ; upon all cattle, horses, asses or mules, driven loose, the sum of three cents per head; upon all sheep and hogs driven over said road, the sum of one cent per head, Provided, That the legisla. tive assembly of the territory of Colorado, or any legislative body having general legislative authority over the country in which said road is located, . may, after the expiration of ten years from the passage of this act, prescribe new rates of toll to be charged and collected on said road for the ten years next succeeding the time when such rates shall be prescribed.
Sec. 14. It shall not be lawful for said corporation to collect toll from any person passing over said road in any vehicle, or otherwise, when such person is going to or returning from any place of public worship, or going to or returning from a fune. ral.
SEC. 15. If any person shall willfully do or cause to be done any act or acts whatever, through or by which said road or any building, bridge or gate, or other matter or thing appertaining to said road shall be destroyed, injured, weakened or obstructed, the person or persons so offending shall be adjudged guilty of a misdemeanor, and shall be liable to the company in treble the amount of damages sustained by the company, through or by reason of such unlawful acts, to be recovered by action of debt in any court of competent jurisdiction.
Sec. 16. 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 good condition for wagons and vehicles, the said justice shall summon the gatekeeper nearest the place on said road, concerning which complaint is made, to appear before him on some day, not more than five days from the time of filing such complaint, and if, upon examination, it shall be found that the complaint is true, judgment shall be rendered by such justice against the corporation for the cost of proceeding, and no toll shall be thereafter collected on the part of said road, until the same is put in good condition for wagons and vehicles, Provided, That said company shall not be liable to prosecution or costs of suits when said road is in bad condition from heavy falls of snow, snow-drifts, high water, or other causes beyond its control.
SEC. 17. If said corporation shall demand or collect tolls on any part of said road, ascertained to be out of repair, as provided in section sixteen, before the same shall be put in good condition, it shall forfeit and pay to the person from wbom such toll was demanded or collected, the sum of fifty dollars for each offense, to be collected by action of debt in any court of com. petent jurisdiction.
SEC. 18. If, after said road, or any part or portion thereof shall have been constructed, the said corporation shall suffer the same or any part thereof to remain impassable for wagons or vehicles for a period of time exceeding ihree months, the rights and privileges hereby granted shall cease and determine, and this act shall become inoperative, Provided, That if said road shall be rendered impassable by snow, ice, high water, or other cause beyond the control of said corporation, the time during which such cause shall operate to produce such impassa. ble condition of said road shall not be computed as a portion of said period of three months.
SEC. 19. Said company is hereby authorized to negotiate for, and purchase the Denver and Pacific Wagon Road; and if said road shall be purchased, the company hereby incorporated shall acquire and succeed to all the rights and privileges of the Den. ver and Pacific Wagon Road Company, as given and granted in the act incorporating said Denver and Pacific Wagon Road Company, and the amendment thereto ; and said last mentioned acts shall be deemed and held to apply to the route named in this act and the company hereby in. corporated. If said purchase shall not be effected, the Den. ver and Pacific Wagon Road Company shall have power to charge and collect toll upon that portion of its road, by it constructed, at the rate prescribed in the act incorporating said last mentioned company, without regard to the provision in said act, requiring the entire road, or any portion thereof to be completed.
SEC. 20. This act shall take effect and be in force from and after its passage:
Approved February 5th, A. D. 1866.
TO INCORPORATE THE HOLLADAY OVERLAND MAIL AND EXPRESS COM
Be it enacted by the Council and House of Representatives of Colo.
rado Territory, as follows :
SECTION 1. That Ben. Holladay, David Street, Bela M. Hughes, S. L. M. Barlow and John E. Russell, and their associates, successors and assigns, be and they are hereby declared to be a body corporate and politic, by the name of The Holladay Overland Mail and Express Company, and by such name shall have continual succession, with power to sue and be sued, plead and be impleaded, complain and defend in any court of law or equity; to adopt and use a common seal, and change the same; to purchase, hold, mortgage and convey any estate or property, real or personal, for the use and benefit of said corporation; to take, to hold and dispose of any mortgage on real or personal estate ; to establish, maintain and operate any express, stage or passenger, or transportation route or routes by land or water, for the conveyance of persons, mail or property of any kind, from, to and between any place or places in Colorado territory, and any place or places beyond the limits thereof; to erect, or hire and maintain ware-houses or other structures for the safe. keeping of goods, wares, merchandise or other chattels or effects, and the transaction of business; and for the purpose of facilitating exchanges between the several places at which said corporation may transact business, the said company shall have power to draw, accept, endorse, guaranty, buy, sell and negotiate drafts and bills of exchange, inland or foreign ; to receive coin, money, silver and gold in any form or other, and any kind of valuables on deposit at its offices, and make orders for the payment or delivery of the same, or an equivalent, at any other place whatsoever; to buy, sell and dispose of gold or silver coin and bullion, gold dust
, money and securities for money, and to do a general exchange and collection business; and to invest surplus or unemployed funds in bonds or notes, secured by mortgage on real estate, stocks of the government of the United States, of any of the United States or otherwise, as the board of directors may designate.
SEC. 2. The capital stock of said company shall be three mil. lions of dollars, and shall be divided into shares of one hundred dollars each, and in case the said capital stock shall be found insufficient for its purpose, the said company may increase the same from time to time, to such amount as may be deemed necessary to its business. Such increase must be sanctioned by a vote in person or by proxy, of two-thirds in interest of all the stockholders of the company present or represented at a meeting of such stockholders, called by the directors aforesaid for that purpose, by a notice in writing to each stockholder whose name appears as such stockholder on the books of said company, thirty days prior to such meeting, such notice to be served on him personally or by depositing the same, postage paid, in the proper post-office, directed to each stockholder, at the post-office nearest his usual or reputed place of abode, at least thirty days prior to such meeting, such notice also to state the time and place of the meeting, its object, and the amount to which it is proposed to increase the capital stock. The proceedings of such meeting shall be entered in the usual record book of the proceedings of the board of directors. No informality or defect in respect to the call of such meeting, or the notice given thereof to the stockholders, or the proceedings thereat, shall be deemed invalid, if concurred in by stockholders representing two-thirds of all the stock of said company.
SEC. 3. The capital stock of said company shall be deemed personal estate, may be called in, collected and transferred in such manner as the said company may, by its by-laws, direct, and all stockholders shall be liable to the creditors of the company, to the full extent of the amount remaining unpaid on the stock held by them.
SEC. 4. The said company may commence business as soon as its capital stock shall be fully subscribed for, and the persons named in the first section of this act shall be and they are hereby appointed directors of the same for the first year from the date of this act, or until others are chosen in their stéad, at the annual meeting of stockholders, and qualified as their succes
Sec. 5. At the first meeting of the said first mentioned board of directors, and so with each succeeding board, they shall choose one of their number as president of said company, elect a vice-president, secretary and treasurer of the same, with such other officers as they deem proper, and regulate their term of service. The president, vice president and other officers of said company, so chosen, as aforesaid, may be removed by a majority vote of all the directors of said company, and successors chosen by the same authority, in the same manner.
Sec. 6. An election for directors, to succeed the first board above named and created, shall be held at an annual meeting of stockholders, to be held one year after the date of this act, and from time to time in each year thereafter, when there shall be elected by a majority of votes then present of said stockhold. ers, or represented, not less than seven persons, stockholders of
said company, to act as directors for the year following. In the election of directors, and the transaction of all business by the stockholders, each shall be entitled to one vote personally, or by proxy, on every share of stock, appearing, by the records of said company, to have been held by him ten days previous to any election then to be held; or to the transaction of any business then requiring a vote of said stockholders. Vacancies in the board of directors shall be filled by them in such manner as shall be prescribed by the by-laws of the company, the person chosen to fill any vacancy holding office only for the unexpired term of his predecessor.
Sec. 7. Annual meetings shall be held of the stockholders, at the times herein before prescribed or at such other times as the by-laws of said company may appoint, and at such place as may be designated thereby; and if an election of directors be not had at the time designated, it shall be lawful to hold an election for said directors on any other day at any other place that may be chosen for that purpose, by a majority of the board of directors then in office; and if any annual meeting of stockholders shall not be held by reason of any neglect of the directors or otherwise, it shall be lawful for stockholders holding one hun. dred shares of the capital stock, to call such meeting for the purpose of electing directors and other purposes, by giving the notice hereinbefore prescribed, and for that purpose they shall have access to the list of stockholders, transfer books or other records of said company, and all the information necessary to the giving of such notice.
SEC. 8. The directors of said company shall hold office until their successors are elected and qualified, and shall have power to make all needful by-laws, rules and regulations respecting the management and disposition of the property, business and affairs of said company, and toe duties of its officers, agents and servants. They shall have power to regulate the manner of the employment of all agents and servants of said company, and prescribe their duties and fix their wages, as well as the salaries of all the officers of said company; to locate offices for said company at such places as they may select, both the principal and all the branch offices; and generally, all power necessary to promote the welfare of said coinpany, the proper transaction of its business, and preserve and protect its property.
SEC. 9. The meetings of the board of directors of said company, and the annual meetings of the stockholders, shall be held at the place designated by said board of directors, or the by-laws of said company; and when the business of said company may demand it in the judgment of the board of directors,