Digitized by tine Internet Arciiive in 2007 witii funding from IVIicrosoft Corporation littp://www.arcliive.org/details/charterofunitedsOOunitricli C H A R T E R ITED STATES FREEHOLD LAI illAT. ANY. ACT OF CONGRESS, APPROVED JULY 8th, 1870, n c to - ij r K . A M K H M A \ N«v 47 C'EDAi; ■HMMMMIMMMHIM O H A K T E 1 'MKillATKlX ('0)IPA\Y ACT or CONGRESS, APPROVED JULY 8th. 1870. n e to - n I J^ • \v.\\mi:kman. PBINTKU No. 47 (.'KDAU Sthkkt. (PlTttCATK.) FORTY- Fl RST CONGRESS OF THE Ul^lTEl) STATES, At the Second Session, begun and held at the City of Washington, in the District of Columbia, on Monday, the sixth day of December, eighteen hundred and sixty-nine. AN ACT TO INCOKrORATE THE UNITED STAT IS FRKKIIOLD LAND AND EMIGRATION COMPANY, AND TO CONFIRM CERTAIN ^EQiS- LATION IN OOLOKADO TERRITORY. f^ ' Be it enacted by the Senate and House of Eq)resenta- tives of the United States of America, in Co7igress as- isemUed^ That William Gilpin, Atnbrose E. Burnsidc, S. L. M. Barlow, Charles A. Lainhaid, AV^illiam II. Ivcynolds, lliraui Hitchcock, Henry W. Cfray, Morton C. Fisher, and such other porsons as may bo associated with them and their successors, aro hereby created a body politic and corporate, in the Territories of Colorado and New Mexico, by the name, style and title of tlie United States Freehold Land and Kniigration Company, and by that name shall have succession, and shall be able to sue and be sued, plead and be impleaded, defend and be defended, in all proper courts of law and equity, and may make and have a common seal. Skc. *J. AtiJ he itfxntJur enacted, Tliat tlic oapital slock of tlio s:\iii coi'ioration shall l>e two and one-liulf millions of dollrti*s, divivled into shares ^^i one luindred d««lh\i*8 oacli, and the same shall bo deemed to be personal pro- perty aiul transferable on the books of tlie company only, and snch capital stock may be increaj^ed from time to time to the extent necessary to carry ont the objects for which said company is formed, not exceedini; in the whole the sum of ten million dollars, ni>on a vote of two- thirds in amount oi the stock for the time being in f\\vor of such increase. Sec. 3. And he it further enacted, Tliat the said corn^ pany shall have power to make snch by-laws as it deems proper for the disposition ofit« property and estate, anil for the manajrement of its business and affairs, for the regu- lation of tlie term of otHce of its olVicers and their duties, and to carry out the general objects of the corporation, and the same to amend or re}^eal at pleasure : Provided, That such by-laws shall not conllict with any law of the United States, or of the Territories of Colorado and New Mexico, or the States which may be fv>rmed therein. Sec. 4. And he it further enacted, That the corporators named in this act shall bo the directors for the lirst year from the organization of the company, and until others are elected ; and thereafter, annual elections Qt directors, not less than live or more than nine in number, shall he held by the stockholders, at meetings to le called for that purpose, at which each share of stock present, in person or by proxy, shall be entitled to one vote, and the majority thereof shall elect. Sec. 5. And he it further enacted^ Taat the gor.er.ii o .- jects of such corporation are, and are hereby declared to be as follows : To promote and encourage emigration to, and establish settlement* on, the lands of said com- pany, in the San Luis Park, in the Territories of Tv ^-i :v do and New Mexico, and, in connection thcrewit establish such agencies as it may deem desirable; la purchase, holii, lease, sell and mortgage any real estate situate in the San Luis Park, in said Territories, or cither of tliom, now owned or contracted for by any of the per- sons named in the lirst section of this act, with any co-ten- ant tiiereof, his or their heire or assigns ; to survey, lay out and improve the same; to ostablisli, maintain and oper- ate wagon roads, to and upon its property ; to construct and maintain a rail-road and telegrajdi lino from any point on lands of said company, in the San Luis Park, to the nearest and most practicable point on either the Kan- sas Pacitic Kail Road, the Union Pacitic Rail-Road, th« Denver Branch Rail-Road, or the Atchison, Topeka and Santa Fe Rail-Road ; and the said company, for the pur- pose oi building and operating such rail-road, shall have the right of way through the public lands of the United States, trom and between the points aforesaid, tiie said right of way being to the extent of two hundred feet on each sitle of said rail-road line ; and such corporation shall possess all the franchises necessary to enable it to build and operate such rail- road for the transportation of freight and i^assengers, and to collect and receive compensation therefor; and the powers, privileges and franchises con- ferred on corporations, by and under the provisions of cliapter eighteen of the revised statutes of Colorado, or of any and all amendments thereto, are hereby confirmed to and invested in said corporation, subject to said statutes, for the purposes of this act : Provided^ That this act shall not be construed to permit said company to ac- quire title to any other lands or real estate than such as is above mentioned. Sic. 6. And he it further enacted^ Thai such corpora- tion may make and dispose of its bonds or other obligations in such amounts, at such rates, and on such terms as it may deem most for its interest, for the purpose of borrowing money for the purposes atoresaid, and may secure the same by a mortgage upon all or any j>art of its property, Mud m1] ^'♦^ ^.1' oliises. and mav make the same and the interest thereon payable at such place or places as it may deem proper, and may hold and transfer such real estate aforesaid, and personal property, as may be neces- sary lor the carrying out of it:s jzenoral purposes, and may issue it5 stock and bonds for property and ap:ain exchange its property for its bonds or stock, and may convert any of its obligations, at the option o( the holders, into stock of the company, without further action o( the stock- holders. Skc. 7. Afid he it further niacUJ, That this act shall take etVect immediately, and shall at all times be subject to amendment or repeal by Congress, and said corpora- tion shall be subject to the general laws of said Territo- ries, and the States formed therein, operating upon all corporations eijuallv. J. G. 1>LAINK, Spcal'cr of the House of Rej^rcsentativcs, ScnuYLER Colfax, Vicc-rrcsuhnt of the United States, afid President of the Senate, Approved, July S, IS 70. U. S. Grant. I certify that this act originated in the House oi' Uep- resentatives. Attest, Ew'n Mv ruEKSON. UxFFED States of America, Dejyartment of -^fate. To all to whom these presents shall conic, u.^v....^ : 1 certify, that hereto anne.ted is a duplicate, with original signatures, of an act of Congress, approved July' Sth, ISTO, entitled "An act to incorporate the United States Freehold l^and and Emigration Company, and to confirm certain legislation in Colorado Territory ;" the original of which act is on file in this Department. In testimony whereof, I, Hamilton Fish, Secretary of State of the United States, have hereunto subscribed my name, and ■ m?pTX'urof I caused the seal of the Department of State ^'••''^'- ^ toboaftixed. Done at the City of Washington, this oi<;hth day of July, A. D. 1S70, and of the Independence of the United States of America the ninety-lifth. Kamilton Fisu. CHAPTERS 111. AND XVIll REVISED STATUTES OF COLORADO CnAPTEK III. All aliens may take, by deed, will or otherwise, lands and tenements and any interest therein, and alienate, sell, assign and transmit the same to their heirs or any other persons, whether such heirs or other pei-sons be citizens of the United States or not; and upon the decease of any alien having title to, or interest in, any lands or tenements, such lands and tenements shall pass and de- scend in the same manner as if such alien were a citizen of the United States ; and it shall bo no objection to any ; an interest in such estate, that they are not citizens of the United States ; but all such persons shall have the same rights and remedies, and in all things be placed upon the same footing as natural born citizens of the United States. The personal estate of an alien, dying intestate, [who at the time of his death shall reside in this territory,] shall be distributed in the same manner as the estate of natural born citizens ; and all persons shall be entitled to their j roper distributive shares of such estate under the laws of this territory, whetb.t-- t^ '\^- are aliens or not. CHAPTER XVIII. CORPORATIOXS. / Sbc. 1. At any time hereafter, any three or more per- I eons who may desire to form a company for the purpose of carrying on any kind of mannfactnring, mining, me- chanical, or chemical business ; construct wagon roads, rail-roads, telegraph lines, dig ditches, build flumes, run tunr.els, or carry on any branch of business designed to aid in the industrial or productive interests of the country, may make, sign and acknowledge bef(>re some ofticer competent to take the acknowledgment of deeds, duplicate cortilicatea, in writing, in which shall bo stated the cor}K>rate name of the said company, and the objects for which the company shall be formed ; the amount of the capital stock of the said company ; the term of its ex- istence, not to exceed twenty years; the number of shares of which the said stock shall consist ; the number of trus- tees and their names, who shall manage the concerns of the said company for the first year, and the name of the town and county in which the operations of said company shall be carried on, and shall file one of said certificates in the office of the county clerk of each county wherein the business of the ci>q)oratiou is to be carried on, and one thereof in the ofiice of the secretary of the territory. Sec. *2. AVhen the certificate shall have been filed as aforesaid, the secretary of the territory shall record and carefully i»rescrvc the same in his office, and a copy thereof, duly certified by the secretary of the territory, under the great seal of the territory of Colorado, shall be evidence if the existence of such company ; and the per- sons who shad have signed and acknowledged the same, and their sncccssors, shall be a body i>olitic and corporate in tact and in name, by the name stated in such certifi- cate, and by that name have succession, and shall be capable of suing and being sued in any court of law or equity in this territory, and they and their successors ]na| have a common seal, and may make or alter the same al pleasure, and they shall, by tlieir corporate name, h4 capable in law of acquiring by purchase, pre-emption, donation or otherwise, or holding or conveying by deed or otherwise, any real or personal estate whatever, which may be necessary to enable the said company to carry on their operations named in the certificate. Sec. 3. Any certificate hereafter filed and recorded under the provisions ot this article, may designate one or more places where the company may carry on their business. Sec. 4. If any company shall be formed under this article, for the purpose of carrying on any part of its business in any j^lace outside of this territory, the said certificate shall so state, and shall also state the nanie of the town and county in which the principal part of the business of said company, within this territory, is to be transacted, and said town and county shall be deemed the town, place and county in which the operations and business ot tiie company are to be carried on, and its principal place of business, within the meaning and pro- visions of riiis article. Si:c. 5. The stock, ]>roperty and concerns of such com- pany shall be managed by not less than three nor more than nine trustees, who shall respectively be stockholders in said company, and who shall (except the first year) be annually elected by the stockholders, at such time and ]»lace :.s shall be directed by the by-laws of the company ; and public notice of the time and" place of holding such elections shall be published not less tlian ten days previ ous thereto, in the newspaper printed nt?arest to the place where the operations of the said company shall be carried on, and tlic election sliall be r..a(lc by sncli of tlic stock- holders as sliall attend for that purpose, either in person or 1)}^ proxy, provided one-half tho stock is represented. AllcU'ctioMS shall be by ballot, and each stockholder sliuli be entitled to as many votes as he owns shares of stiick in the said company, and the persons receiving the greatest number of votes shall be trustees ; and when any vacancy shall ha]>pen among the trustees by death, resignation or otherwise, it shall be filled for the remainder of the year, in such manner as shall be i^rovided by tho by-laws of the said company. Skc. 6. In case it should happen at any time that an election of trustees shall not be made on the day desig- nated by the by-laws of said conipany, when it ought to have been made, the company for that reason shall notl)e dissolved, but it shall" be lawful on any other day to hold an election for trustees in such manner as shall be pro- vided for by tiie said by-laws, and all acts of trustees shall be valid and binding as against such con^pany until their successors shall be elected. Skc. 7. There shall be a president of the company, who shall be designated from the number of the trustees, and also such subordinate officers as the company by its l)y- laws may -•-.(.(] iQ ^\yQ g^j(j]j security f«>r the faithful per- formance of the duties of their offices as the company by its by-laws may require. Sko. 8. It shall be lawful for the trustees to call in and demand from the stockholders, respectively, all such sums of money by them subscribed, at such time and in such payments or instalments as the trustees shall deem pro- per, not to exceed twenty per cent, in any One month, under the ])enalty of forfeiting the sliares of stock sub- scribed for, and for all previous payments made thereon,*^ if payment shall not be made by the stockholders within sixty days after a personal demand or notice rerjuiring such ] ayment shall have been published for six sue- ccssivo weeks in the newspaper nearest the ])laco wlicro the Imsiness «»f the company sliall bo curiicd on as aforesaid. Sko. 9. The stockholders of such corporation, or the trustees, if the bertificate of incorporation so provide, shall have power to make such prudential by laws as they shall deem j>ropor, for the management and disposition of the stock and business atlairs (»f such company, not incon- sistent with the laws of this territory, and prescribing thn duties of officers, artificers and servants that may be ein- I>h»yed ; for the appointment of all otlicers and for carry- ing on all kinds ot business within the objects and purj>o6e3 of such company. Skc. 10. The stock of such company shall be deemed personal estate, and shall be transferable in such manner as shall be prescribed by the by-laws of the company, but no shares shall be transferable until all ])rovious calls thereon shall have been fully paid in, or shall have been declared forfeited for the non-payment of calls thereon ; and it shall not be lawful for such company to use any of their funds for the purchase of stock in any other corpora- tion, nor for the purchase of stock in their own company or cor])oration, in the corporate name, nor shall such company or corporation acquire or hold any stock or share therein, except such as may be forfeited for the non- payment of assessments thereon. Skc. 11. The copy of any certificate of incorpora- tion filed and recorded in pursuance of this article, certified by the secretary of the territory, under the great seal of the territory of Colorado, to be a true copy, and the whole of such certificate, shall be received in all courts and places ti^ prima facie evidence of the facts therein stated. bFc. 12. All the stockholders of every company incorpo- rated under the provisions of this article,shall be severally' individually liable to the creditors of the company iai which they are stockholders, to the amount oi unpaid stock held by them respectively, for all debts and con- tracts made by such company, until the whole amount of capital stuck iixed and limited shall be paid in, and a certificate thereof shall have been made and recorded as prescribed in the followim^ sections, and tlie cajiital stor^- so Iixed and limited shall all be paid in, one-half ther vwithin one year, and the other half thereof within five lycars from the incorporation, or said corporation shall bo "dissolved. Skc. 13. The trustees of such company may purchase mines, manufactories and other ])roperty necessary for their business, and issue stock to the amount of the value thereof in payment therefor, and the stock so issued shall be declared and taken to be full stock, and not liable to any further calls; neither shall the holders thereof bo liable to any further payments under the provisions of the tenth section of this article, but in all statements and reports of the company to bo published, this stock shall not be stated or rej)orted as bein:^ issued for cash paid into the company, but shall be reported in this respect according to the facts. Sec. 14. Tde president and a majority of the trustees, within thirty days after the i)aym.ent of the last instal- ment of the capital stock so fixed and limited by the company, shall make a certificate stating the amount of the capital so fixed and paid in; which certificate shall bo si,i,'ned and sworn to by the president and a majority of the trustees, and they shall, within the said thirty days, record the same in the office of the county clerk of the county wherein the business of the said company is carried on. Sec. 15. Every such company shall annually, within twenty days from the first day of January, make a report, which shall be published in some newspaper publis'.ied in the town, city or village, or if there bo no newspaper published in said town, city or villai^e, then iti some newspaper published nearest the place where the business of said company is carried on, which shall state the amount of capital and of the proportion actually p:iid in, Juul tho amount of oxistini; debts; whicli report shall he ^i.^noil hy the president and a ujujority uf the trustees, JUul shall be verified by the oath of the president or secre- tary o( said eonipany, and filed in the otUce of the clerk of the county wliere the business of the company sluill be carried on ; and if any of said companies shall fail so to *io, all the trustees of the company shall be jointly and severally liable for all the liebts o( the company then ex- istiuir, antl for all that shall be contracted before such re- port shall bo made. Si:o. 1(». If the trustees of any such company shall de- clare and j>ay any dividend when the company is insol- vent, or any dividend, tlie payment of which would render it insolvent, or which would diminish the amount of its capital stock, they shall be jointly and severally liable fi)r all the debts of the company then existing, and for all that shall bo thereafter contracted while they shall re- spectively continue in office: J^'ovidcd, That if any of the trustees shall object to the declaring of such dividend or to the payment of the same, and shall, at any time before the time fixed for the payment thereof, file a certr- Hcate of their objection in writing, with the clerk of the company and with the clerk of the count v, they shall be Skc. 17. No loan of money shall be made by any such c.»mpany to any stockholder therein ; and if any such loan shall be made t > a stockholder, the otticers who shall make it, Or who shall assent thereto, shall be jointly and sever- ally liable to the extent of such loan and interest for all the vlebts of thecompany contracted before there-payment v( the sum so loaned. Si:c. IS. If any certificate or report made, or public notice given by the officers of any such com]>any, in pur- suance of tlie provisions of this article, shall bo false in ^ any material representation, all theutlicers who shall have ^ * jncd the same shiill ho jointly aiui severally liable for all the debts of the eompaiiy, contracted while they are stockhoKlers or oflicers thereof. Skc. 11). Ko person hoUliM«; stock in any such company as executor, administrator, guardian or trustee and no person holding such stock as collateral security, shall be personally subject to any liability as stockholder of such company ; but the person pledging such stocfc shall be considered as holding the same, and shall be liable as a stockholder accordingly, and the estate of funds in the nds of such executor, administrator, guardian or trus- tee shall bo liable in like manner and to the same extent as the testator or intestate, or the ward or person interested in such trust fund would have been, if heliad been living and competent to act, and held the same stock in liis own Sec. 1^0. Every such executor, administrator, iruardiaTi or trustee, shall represent the shares otstock in ifis hands at all meetings of the company, and may vote accordir)gly as a stockholder ; and every person who shall pledge liis stock as aforesaid may novortiieless rej)resont the same at all such meetings, and may vote accordingly as a stock- holder. Skc. 21. The legislature may, at any time, alter, amend, or repeal this article; but such amendment or repeal shall not take away or impair any remedy given against any such corporation, its stockholders or ollicers, fur any liability which shall have been previously incurred. Si:c. 22. Any c*M-poration or company heretofore formed either by sj^ecial act or under the general law, and now existing, or any company which may be formed under this article, may increase or diminish its capital stock by complying witli the provisions of this article, to any. amount which may be deemed sufiicient and proper for the j>urposc3 of the corporation, and may also extend its business to any other branch named in section one of this article, subject to the provisions and liabilities of this article, l^ut bofoic any corporation shall ho entitled t<» ilinunish the amount of its cnpital stock, if the anunmtoi its debts and liabilities shall cxceeil tiio amount of capital to wkieh it is proj>o6ed to bo reduced, such amount of debts and liabilities shall be satisfied and reduced so as not to exceed such diminished amountof capital ; and any existing company heretofore formed under the general law, or any special act, may come under and avail itself of the privilei^es i\\u\ ])rovisions of this article by complying with tiic tollowing provisions, and thereupon such company, its officers and stockholders, shall be subject to all the restrictions, duties and liabilities of this article. Sec. 23. AVhenever any company shall desire to call a meeting of stockholders for the purpose of availing itself i»f the privileges of this article, or for increasing or diminishing the amount oi its capital stock, or for extend- ing or changing its business, it shall be the duty of the trubteca to publish a notico, sii^ned by at least a majority of them, in a newspaper in the county, if any shall be published therein, at least six successive weeks, and to deposit a written or ]>rinted copy thereof in the ]>ost- othce, addressed to each stockholder at his usual place of residence, at least six weeks previous to the day fixed lor holding such meeting; specifying the object o( the njceling, the time and place, when and where such meet- ing shall be held, and the amount to which it shall be proposed to increase or diminish the cajital, and the business to which the company would be extended or changed, and a vote of at least two thirds i^t all the shares of stock shall bo necessary to an increase or diminution of the amount of its capital stock or the ex- tension or change of its business as aforesaid, or to- enable a company to avail itself of the provisions of this article. Sec. *J4. If, at any time and place specified in tlu tico provided for iu the preceding sections of this article, stockholders shall appear in }>erson or by proxy, in num- ber representing not less than two thirds of all the shares of stock of tlie corporation, tliey shall organize by choosing one of the trustees chairman of the meeting, and also a suitable pei-son for secretary, and proceed to a vote of those present, in person or by proxy ; and if, on canvassing the votes, it shall ap])ear that a suflicient number of votes has been given in favor of increasing or diminishing the amount of capital, or of extending or changing its business as aforesaid, or for availing itself of the privileges and provisions of this article, a certificate of the proceedings showing a compliance with the pro- visions of this article, the amount of capital actually paid in, the business to wliich it is extended or changed, the whole amount of debts and liabilities of the com- pany, and the amount to which the capital stock shall be ^gincreased or diminished, shall be made out, signed and Tcriticd hy the alHdavit uf the chairman, and be coun- tersigned by the secretary, and such certilicate shall be acknowledged by the chairman, and fileti and recorded _ as required by the first section of this article ; and when 80 filed and recorded, the caj)ital stock of such corpora- tion shall be increased of diminished to the amount spc cified in such certificate, aiul the business extended or changed as aforesaid, and the company shall be entitled to the privileges and provisions, and be subject to the liabilities of this article, as the case may be. Si:c. 25. If the indebtedness of any such comp:iny shall at any time exceed the amount of its capital stock, the trustees of such company assenting thereto shall be personally and individually liable for such excess to the creditors of such company. Sec. 26. It shall be the duty of the trustees of every such corporation or company to cause a book to be kept by the treasurer or clerk thereof, containing the names of all i>crsons, alphabetically arranged, who are, or shall, within >'ix vcars. have been stockholders of euch com- l^rtiiy, ami showing thoir phico of residence, the iminbcr of tiluiros of stock held by them re8j)ectively, and I ho time when they respectively became the owners of such shartis, and the amount of stock actually paid in ; which book shall, during the usual business Iu)ur8 of the day, on every day except Sunday and the fourth day of July, be open for the inspection of the stockholders and credi- tors of the company and thoir ])ersonal representatives, at the oftice or principal place of business of such com- pany in the county where its business operations shall be located ; and any and every such stockholder, credi- tor or representative shall have a right to make extracts trom such books ; and no transfer of stock shall be valid for any purpose whatever, except to render the ]>erson to whom it shall bo transferred liable for the debts of the company, according to the provisions of this article, until it shall have been entered therein as retiuired by tliis section, by an entry showing to and from whom transferred ; such book shall be presumptive evidence of the tacts therein stated in favor of the plaintifi" in any suit or i»roceeding against such company, or against any one or more stockholders. Every olUcer or agent of any such company who shall neglect to make any proper entry in such book, or shall refuse or neglect to exhibit the same, or allow the same to be inspected, and ex- tracts taken therefrom, as provided by this section, shall be deemed guilty of a misdemeanor, and the company shall forfeit and pay to the i>arty injured a penalty of tifty dollars for every such neglect c»r relusaj, and all the damages resulting therefrom, and every company that shall neglect to keep such book open lor inspection as aforesaid, shall forfeit to the people the sum of lit'iy dol- lars for every day it shall so neglect, to be sued for iinM recovered in the name of the }>eople by the district attor- ney of the county in w^hich the business of such corpora- tion shall be located ; and when so recovered, the amount shall be paid into the treasury of such county for ;he use of common schools therein. ^v. '^>;' Sec. 27. Wheiiover any person or pei-sons owing fifteen per cent, of tlie capital stock of any company formed un- der the provisions of this article, shall present a written request to tlie treasurer thereof that they desire a state- ment of the affairs of such company, it shall be the duty of such treasurer to make a -statement of the affairs of said company under oath, cmbracinnj a particular ac- count of all its assets and liabilities in minute detail, and to deliver such statement to the persons who presented the said written request to said treasurer, within twenty days after such presentation, and shall also, at the same time, place and keep on file in his office for six months thereafter a copy of such statement, which sliall, at all times, during business hours, be exhibited to any stock- holder of said company demanding an examination thereof; such treasurer, however, shall not be required to deliver such statements in the manner aforesaid oftener than once in every six months, li' such treasurer shall neglect or refuse to comply with any of the provisions of this article, he shall forfeit and pay to the person pre- senting said written requests, the sum of fifty dollars, and the further sum of ten dollars for every twenty-four hours thereafter, until such statement shall bo furnished, to be sued for and recovered in any court having cognizance thereof. Sec. 28. When any three or more persons shall asso- ciate to form a company for the purpose of constructing a wagon road under the provisions of this article, their certificate of incorporation, in addition to the matters hereinbefore required to be stated therein, shall specify the termini of said road, and the route of the same as near as may be ; and the said conq)any shall have the right of way over the line named in the certificate, to erect toll- gates, not to exceed one to every ten miles of the road, and to collect toll thereat at the rates prescribed by the county commissioners or the tribunal transacting county business, upon the application of such corporation, either at or bd'oro the time of coinmoncing such roail, or after tlio completion thcfeof : Provided^ That such rates ot* toll shall remain in force and nniy bo collected from persons travelling such ro:ul for two yoard tri)ni the tinieot* com- pleting such road; and thereafter at the expiration of every two years, the county commissioners or tribunal transacting county business in each ciKinty, tlnoiiixh which such road passes, sliall lix and regulate such rates of toll, but not at higher rates than those originally j)re- scribed; and Provided furtfur^ That nothing in this article sliall be so construed as to authorize any corpora- tion formed under the provisions hereof, to locate thei| road, rail-road, ditch, or Hume, or any part tliereof, upon any toll-road previously existing, nor upon any pub- lic highway, heretofore, and at the time of the organization of such corporation, used and travelled as such, except as it may be necessary to cross such toll-road or public highway ; all such rates of toll shall bo con3i)icuously posted at every gate upon such road. Sr.c. *J0. No company formed under this article shall demand and receive toll whenever said wagon-road is not in reasonably good rc]>air; and any person having paid toll on said road, and shall iind the same in bad condi- tion and nnsafe to travel with loaded teams, shall have the right to make complaint before any justices of the peace in the county in which the road is located, and it shall be the duty of said justice of the per.ce to summon the said company, or any agent of said company, to ap- pear before him to answer in said complaint, within nut over five days from the date of said complaint; and if it be found that said road is in bad condition or unsafe tifc travel, it shall be the duty of said justice to impose a lini of not less than ten dollars nor more than twenty-tive dd lai-s, to bo collected from said company ; and said justir shall issue his order that no toll bo collected uj)on saia road, or any part thereot, until it is put in good repair. Sec. 30. Any person, after toil shall have bee manded by the regularly authorized toll collectoi may bo found travolling \ij)on said road und refusii pay said toll, shall be subject to a line of not les8 than five dollars nor more than ten dollars for such offence, the same to be colK'Cted before any justice of tlie ])cacc in the county wherein such road is located. Six. ;^1. AVhcnever any three or more persons asso- ciate under the prnvi^i ris of this article, to form a com- :or the ]>uri- instructing a ditch for the ]>ur- ['UiC of convoyiui; waicr to any ndnes, mills or lands, to bo used for mining, milling, or irrigating of lands, tlioy ^lall, in their certificate, in addition to the matters re- iquired in section one of this article, specifv as follows: Tho stream or streams from which tlie water is to be ta- point or place on said stream at or near which tlic water is to be taken out; the lino of said ditch, as near as may be, and the use to which t'le said water is in- tended to be applied. Skc. 32. Any ditch company formed under tiie provi- -i. Tis of this article; shall have the ri^iht of way over the Mamed in the certificate, and shall also have the right to ru!i the water of the stream or streams named in the certificate through their ditch: ProvithJ^ I'hat the line proposed shall not interfere with any other ditch whose rights arc prior Xo those acquired under this arti- '.•le, and by virtue of said certiticate. Xor shall tlie water <'f any stream bo directed from its original channel to the detriment of any miners, mill-men, or others along the line of said stream, who may have' a priority of right, and there shall be at all times lett suflicient water in said stream for the use of miners and agriculturists along said stream. Skc. 33. Any company constructing a ditch under the provisions of this article, shall furnish water to the class ot persons using water in the way named in the certificate ;ls the way the water is designated to be used, whether miners, null-men, or farmers, whenever they shall have water in their ditch unsold, and shall at all times give the preference to the use of the water in sniil ditch to the class of pci-sons so named in the certificate ; the rates at whicli water shall ho fnrnislicd to he fixed hy the county oomniissioncrs, or the trihunal transacting county husiness, as soon as such ditch sliall he comj>lotcd and prepared to furnish water. Sko. o4. Kvery ditch company or«^anized under the provisions of this article, shall be required to keep the bank of their ditch in good condition, so that the water shall not he allowed to escape from the same to the in- jury of any mining claim, road, ditch or other property; and whenever it is necessary to convey any ditch, over, across, or above any lode or mining claim, that the com- pany shall, if necessary to keep the water of said ditch out, or from any claim, flume the ditch so far as necessary to protect such claim or property from the water of said ditch. Sec. 35. When any company shall organize under the provisions of this article to form a company for the pur- pose of constructing a flume, their certificate, in addition to the matters required in the first section of this article, shall specify as follows : The place of beginning, the termini, and the route so near as may be, and the pur- pose for which such flume is intended ; and when organ ized according to the provisions of this article, said com- pany shall have the right of way over the line proposed in such certificate for such flume : Provided, It does not conflict with the right of any farmer, fluming, ditching or other company. Sec. 36. AVhen any three or more persons shall nsso ciate under the provisions of this article, to f ■ pany for the purpose of constructing a bridge ci c-t;i'' lishing a ferry over any of the streams of water in this territory, their certificate, in addition to the matters re- quired in the first section of this article, shall specify as follows: The place where said bridge or ferry is to be built or established, and on what streams, and that the •^v .V: ' '■ banks uii both sides of the stream where the said bridge or ferry is to be built or established are Owned by said com])any, or tliat tliey have obtained in writing the con- sent of the owners of the banks where the said bridge is to be built, to erect the said bridge or establish the said fcrrry as aforesaid, or that the banks at such place are a public highway. Skc. 37. Any bridge built or ferry established under the provisions of this article, shall at all times be kept in good and safe condition for travel, both night and day, unless the same be rendered impassable by reason of rtood or high water ; and any bridge or ferry so built or established shall, if destroyed by flood, fire or other causes, be rebuilt or established within a period of nine pnonths from such destruction, or the rights acquired un- der this artirlo shall be forfeited and cease to exist. Si:c. 38. The company previo-us to receiving any toll upon said bridgie or ferry, sliall set up and keep in a con- sj^icuous place on the said bridge or ferry a board, on which shall be written, painted or printed, in a plain, legible manner, the rates of toll, which rates of toll shall have been ]>rescribed by the county commissioners, or the tribunal transacting county business in said county ; and if any company shall demand or receive any greater rate of toll than the rate prescribed by said tribunal, then they shall be subject to a line of ten dollars ; and no Jcompany formed under the provisions of this article shall demand or receive tolls whenever said bridge or ferry is not in a good and safe condition for travel; and any per- son having paid toll on such bridge or ferry, and finding the same in a bad or unsafe condition for loaded teams, bhall have the right to make complaint before any jus- tice of the peace in the county in which the bridge or ferry is located, who shall proceed as is ]>rovided in sec- tion twenty-nine of tlds article. Skc. 39. Whenever any three or more persons shall j^^associate under the provisions of this article, for the pur- l>ose of rnnnin-: atuLi.v. ... :.......,.,; ^ ^....;:. .. other ore, their certiticate of incorp.'ration shall 8pecif\\ in niKlitivm to the matters reijuireil by tlio first seetion of tin's nrticlo, as follows, to wit : Where said tunnel is to be run ; the plaee of eomnieneouiont ; course anil tennina tion, ami the minerals or ore ilcsiirned to be excavated. Skv. 40. Any company formed under the ]>rovi>ions of this article, for the pur}>ose of excavatin*; a tunnel, shall have and h(.ld two hundred and tit\y feet on each side of said tunnel, on all lod^\? discoveivd by them while exca vatiui:; said tunnel; one hundred feet on all lodes diseov ered by others crossinj; said tnnnel, after the commence- me!it o( the same, and throu-jh all KhIcs discovered previous to the commencent.v.t nf >n>i Imm".-! r'-.v se of constructing a line or lines of niairnetic telegraph in this territory, their certificate shall specify as follows : The termini of such line or lines, and the counties through which they sliall pass; and such corporntio- is lieieby autliorizoil to construct said telegraph or lines from point to point, along and upon any oi iiic public roads, by tlie erection of the necessary lixtr.n-. i:. eluding pi^sts, ]>iers and abutments, necessai n wires: /Vi>r/(/M/, That the same shall not ii- public in the use of said roads v>r highways. S^:^. 42. Any conjpany formed under thi this article for the ]Mirposo of constructing any road, tliuli, flume, bridge, ferry or telegraph line, shall, within ninety days from the date of their certificate, commence work on such road, ditch, flume, bridge, ferry or telegraph line. as siiall be named in the certifioate, and shall ]>rosecute the work with due diligence until the same is completed, and the time of the comjdetion of any such roail, ditch, flume, bridge, ferry or telegraph fine, shall not bo extetided beyond a period of two vears froni iho time s;)insj) wvrk N\.;- . ^nr.HOJirovl :\5 aroros!\i^l ; anvl any company failiiiiX to oonunonco work witliin ninety ilays from the date ot'oertilicate, or failing; to comj^lote the sanio, witlnn two years tVoni the time o( eomnienoonient as atore^aid, shall torleit all right to tho route so claiine^l, and the sftmcs shall he suhject lo he elaimcd hy any other company; the time (Sv tho completion of any flume construetea umler the provisions of this article shall not be extended bevond a period of four years: ProviM, That this sec tion shall not apply to ai\y ditch or Hume for miniug purposes, constructed through any grounds owned by the corporation. Sue. 4o. K\ciX vviporation n^ulcr the provisions of this article, as such, has power ; 1st. To have succession hy its corporate name tor the period limited in its cei'lificate of charter. ed. To sue and be sued, com.plain and defend in any court of law or equity; ok\. To make and use a common seal, and alter the same at v^l^ n-nrc. loldj purcha!?e and convey such real and poi>o:i:u . .:^' as the ]>urpose of the corporation may rc>ini:\\ point such subordinate otlieei's and agents as tho Iu.^^.iuvns of the corporation shall require, and to allow* tlu^'.n a Mutable compensation. ,uike by-laws, not inconsistent with any exu-UJi- law, for the management of its property, the V. • r iii.Mi o\' its alfairs, and for the transfer of its slock. ! . Tac powers enumerated in the preceding section >iiaU vest in every corporation that shall hereafter be created, although they may not be spocilied in thecorliti- cate, or in the act under which it shall be incorporated ; but no corporation shall po>sess or exercise any corporate powers, except such as shall be nci'c>sary to the exerck-c Any person who shall willuUy or maliciously dnma<:o or interfere with any road, ditch, Hume, bridp:c, forrj or telegraph line, or nny of the iixturos, tools, inj|)lo- ments, a]>purtcnftncos, or any ]>ro|>orty of any company which may be organizcil under the provisions of this article, upon conviction thereof before any court of coni- ]>etont jurisdiction in the county where tlie olVonce sliall have been committed, shall be deemed guilty of a misde- meanor, and shall be punished by line or imprisonment, or both, at the discretion of the court, said imprisonment not to exceed one year, and said fine not to exceed live hundred dollars, which shall be paid into the county treasury for the use of common schools, and said otfender shall also yiiy all damages that any such corporation may sustain, together with costs of suit. Sec. 46. Nothing in this article shall be so construed as to autliorize any companv organized under the same to issue notes or bills for circulation as money. Sec. 47. Any company organized under and by virtue of the provisions of an act, entitled an act to enable road, ditch, manufacturing and other companies to become bodies corporate, approved August 15, 1S62, may sur- render their certificate to tlie secretary of tlie territory by the certificate of the president of said company, tiled in the office of said secretary, and become a body corporate and politic under the provisions of this article, by com- plying with all and singular the provisions tliercof. Sec. 4S. Whenever any roa*l, rail-road, ditch, telegraph or fluming company, organized or to be organized under the provisions of this chapter, or any law of this territory, shall not have acquired by gift or purchase any land, real estate or claim required for the construction or main- tenance of their road, rail-road, ditch, teloirraph or tlume, or which may bo atl'octed by any operation connected with the construction or maintenance u( the same, the saiil corporation may present to the probate judge of the county wherein such lands, real estate or claim shall 1)0. a petition signed by the president, attorney or ag> tlio sauio, licscrlhint!^' with coiivciiiciit accumcv aiui certainty, by map or otlierwise, tlie lands, real estate or claims so required to be taken or aii'ectcd as aforesaid, setting forth the name and residence of each owner, or other jierson interested therein as owner, lessee or en- cumbrancer, as far as known to sucli j)resident, attorney or agent, or appearing of record, and praying the appointment of three appraisers to a-cortain the compen- sation to be made to such owner and persons interested, for the taking or injuriously aiVecting such lands, real estate or claims as aforesaid ; the ]n'obate judge shall have satisfactory evidence that notice of an intended applica- tion and the time and place thereof, for the appointment of appraisers between said corporation and the owners and persons interested in such lands, real estate and claims, has been given at least ten days previously, to lis personally at their residence, or on the premises, or by the publication thereof in a newspaper printed in the county in which such lands, real estate or claims shall lie; or if no newspaper is jnihlished in said county, tlien by posting three or more notices in some public places in said county, such jniblication to bo allowed only in respect to owners or persons interested, who shall appear by aflidavit to have no residence in the county, known to such president, attorney or agent, wliich notice shall be published at least thirty days prior to the time fixed for the application as aforesaid. The court may adjiUirn the proceedings from time to time ; shall direct any future notice thereof to be given that may seem proper ; shall have proofs and allegations of all parties interested touching the regularities of the proceed- "" "s, and shall, by an entry in its minutes appoint three ested appraisers as aforesaid, specifying in sucli entry a time and place for the iirst meeting of sucli ap- praibu-s. Tiie said aj^praisers, bctbre entering upon the duties of their otiice, shall take an oath to faithfully and impartially discharge their duties as said appraisers, and any one of them uia} adininisto duood before them ; they may issue subpuMuis ami compil witiK\v808 to attend aiultostirv, ami may adjinirn and hohl meetings for that purpose, anvl shall <;ivo rensDnaMc previous notieo to such owners or parties intorcstcil Ihey shall hoartho proofs and allegations of the partio.-, ami any two of them, after reviewin«x the prenuses, shall. without fear, favor or partiality, ascertain and certifv th. eompensation i>roper to bo made to said owners or partie> interested, for the lands, real estate or claims to bo taken or afl'eeted, as well as all damages accruing to the owners or j>artied interested, in eonseiinenco of the condemnatioiiJ ot the same, taken or injuriou>ly alfected as aforesaid, making such deduction or alK>wanee tor real bonelils oi advantages which such owners or parties interested may derive from' the construction of said road, rail-ro.id, ditch, teloi^rajdi or llume. Tliey, nr a majority .>f them, shall make, subscribe and fde with the clerk of the county in wldch such lands, real estate or claims shall lie, a eertiti- cate of their said ascertainment and assessment, in which such lands, real estate or claims shall be described with convenient certainty and accuracy. The j>robate judge. uyow such certiticate, and due proof that such compensa- ti«»n and separate sums, if any, be eertilied, have been paid to the parties entitled to the same, or have been deposited to the credit of such parties in tiie county treasury, ii other plaee for that purpose, approved by the court, shall make and eause to be entered in its minutes a rule, de- scribing such lands, real estate or claims in manner afi»re said, such ascertainment of compensation, with the mode of making it, and each payment or deposit of the com- pensation as aforesaid, a certitied copy of whieh siiall he recorded and indexed in tuo recorder's ollice of the proper county, in like manner and with like etioct as if it Wire a deed of conveyance from the saiil owners and paities interested to the said corporation. Upon the. entry of such rule, the said cori>«»ration sli dl become- possession of all such laiuls, real estate or claims doscribeil in sail! rule, as required to bo taken as aforesaid, dnrino; the eontimianeo ot'the corporation, and may take posses- sion of, aiul hold and use the same for the purposes of said road, rail-road, ditch, tele«:raph or tluine, and shall there- upon be discharged from all claims for :uiy daniaijcs bv reason of any matter specified in such ]»etition, certificate, nr »-nl.^ nt' cnid nrnh:ito illilL'C. If at anV timo ftftor au anv time after ai atteniv^ted or actual asc< lent ot comncnsatiou poration, of land ov cl; this article, or any ]Mnchase by or donation to said cor- poration, of land ov claims for purposes aforesaid, it shall a]>pear that the title actpiiired thereby, to all or any part of such lands f\>r the use of said corporation, or if said assessment shall fail or be deemed defective, the said cor- poration may j^'oceed and perfect such title by ])r(K'urin^ an ascertainment i»f the compensation ]>ropcr to be made to any person who has title, claim or interest in, or lien upon such lands, and by makin^i: j^ayment thereof in the manner hereinafter proviiled, as near as may l)e; and at any stai^e of such now ]»rocoedings, or of any proceedings iterost in. any proceedings under this article, the probate judire may, by rule in that behalf .aadc, auth(»ri/.e llie said corporation, if already in possession, and if not in possessicHJ, to take possOssion of and use said j>remises duiini: the pendency and until tlic final conclusion oi' such proceedings, and may stay all actions and procecilings against such corporation on account thereof: J'rovideil, Such corporation shall pay a suflicient sum into court, or give approved socurlty to pay the comj^ensation in that behalf when ascertained ; and in every cas.' where possession shall be so authorizod, it shall be lawful for the owners to conduct the ]>roceedings to a conclusion, if the same shall bo delaved by the company. conclusion, if the same shall bo delayed hy tlie company. The said ap]>raisers shall receive two dollars per day, a. compensation for each day actually employed, sucli com pensation to be taxed aud allowed by the probate judge. It'anv a[>}»raiser so appointevl shall die, be unable or fail to serve, the court may appoint another in his place, o reasonable notice of the application, to be approved by the probate judge. Applications may be made to the district court in the same manner a3 heroin provided, and the district court may thereupon cause such pro- ceedin»:s to be had and taken in like manner, and with the same ctVect, as herein required respcctinir the ])robatc Skc. 40. Whenever any corporation constituted o formed for the purpose of constructiuij: a wagon-roa*!. according to the provisions of this article, shall ha\e constructed one mile or more of the road by such cor- poration to be constructed, it shall be lawful for the county conmiissioners, or the tribunal transacting county business of the county in which the portion of road so constructed shall lie, to prescribe the rates of toll to be charged and collected by such corporation, upon the portion of the road so constructed ; and thereafter, and as other portions of the road to be constructed by such corporation shall be completed, such county commission- ers or tribunal transacting county business, shall prescribe rates of toll to be charged' and collected upon other portions of the road so completed as aforesaid, and such corporation shall have power to erect toll-gates, not exceeding one to every ten miles, and to collect tolls thereat, at the rates prescribed, as aforesaid, until such road be completed : ProvUcd, Said road shall be com- pleted within two years alYer such rates shall have been proscribed. Skc. 50. Whenever any corporate body, organized under this article, shall have fully completed the wagon- road to be by them constructed, and the county commis- sioners, or tribunal transacting county business of the county in which the same shall be located, t^hall have prescribed the rates of toll to be charged and collected upon such road, such corporation shall be entitled to charge and collect toll at the rates so prescribed, for two ^, v^...« ...v...v.^ i.cxt ensuing ; and «at the expiration of tlie term of two years after such rates shall be proscribed, and biennially thereafter, during the existence of such cor- poration, the county commissioners, or tribunal transact- ing county business, sliall prescribe tbe rates of toll to be charged and collected on sucli road for the two years tlienco next cnsuinGT. Skc. 51. Whenever any wagon-road, constructed by any corporation organized under this article, shall be located in two or more counties, it shall be lawful for the county commissioners, or tribunal transacting county business of the several counties into or through which such road shall pass, to prescribe the rates of toll to be charged and collected by such corporation, on the portions or parts of such road lying within the limits of such counties, respectively. AN ACT la.I.ATIXG TO RATL-KOADS, W^AGON-ROADS AND MINING COM- PANIES, sunscRinioNS to stock; issue of bonds, taxes TO PAY interest AND PRINCIPAL BY COUNTIES, CniES OR TOWNS, AND FOR OTHER PURPOSES. (APPROVED JANUARY Jit .» . 52. (1.) It shall be lawful for the board of county commissioners of ^y county, or the mayor of any city or l<»wn in this territory or state, as may be, to subscribe in tlic corporate name of such county, city or town, to the capital stock of any organized rail-road or wagon-road company located in this territory or state, and to issue bonds in payment therefor uiuler the Iiaiuls and seals f)f ayablo as required, in such Bums, time and phice, as said connnissioners or mayor deem expedient, boarin«;: ci«;ht i>er cent, interest i>er annum with interest coupons attached to such bonds, payabU atniually ; the proceeds of such bonds to bo applied in aid] i»t construction of such rail-road ov wagon-road ; said bt>ndsor stock nniy be sold at such rates, above or below par, as may bo necessary to negotiate them ; said bonds !iiay be purchased at the market rates if so re«piired to liipuvlate or redeem thcni; said bonds nu\y bo made con- vertible into said stock, or said stock may be converted into such bonds, if deemed expedient by said commis- sioners or mayor. Skc. 53. (11.) No such l)onds shall be is?ued unless application in writing be made to the county commission- ers of any county, or the mayor of any city or town in this U'rritory or state, of at least one hundred votei*s of such county, city or town, for the approval of subjcription to stock and issue of bonds, by the legal vote is of such county, city or town, then it shall be the duty of said commissioners or mayor, within ten days after such application, to call a meeting or election of the legal voters of such county, city or town, to a]>prove and vote the subscription of stock and authorize the issue of bonds; public notice of such election shall be given thirty days prior to tho day of such election in any newspaper pub- rished in such county, city or town ; if no r.ewspaper is published there, notice ehall be po.^icu at least thirty days prior to such election, at the usual places of holding elec- tions in each precinct in such county, city or town ; such election shall bo held, conducted, and liie votes returned and canvassed iiccv^>rding to the laws then regulating elec- tions ; if, n[>on canvassing tho v^ites cas^t at any such elec- tion, it shall be found that a majority of ; cast are in favor of siicli subscrii>tion of stock and issue of such bonds, tlion sucli stock and bonds shall be issued accord- '" :U- ; whenever said eoniniissioners or major may deem it expedient to sell or transfer such stock in liquidation and redeem such bonds, the same aj^proval of the le-ral voters shall be had, and proceedings as aforesaid, and tlie proceeds of sale of sucIj stock shall be exclusively a])plied to purciiase, liquidate or redeem such bonds and interest thereon. Skc. 54:. (III.) Whenever any county, city or town issue bonds under this act, it shall be tlie duty of said commissioners or mayor, or municipal authorities or assessors of any such county, city or town, to dulv levy and assess a special tax annually upon the taxable pro- perty in sucli •.ounty, city or town, in amount su'licient to pay the interest coupons, when and where duo, upon all such bonds, and for the proper expenses of co!lectinaid on account of such taxes and payments oi^ such bonds, as recpiired by him in his duties to the general assembly. In cases ot' delay or neglect of any county, city or town (»nicers to levy, assess, or collect and remit the taxes herein provided for to the treasurer of the territory or state, in time to meet such interests or payments of principal and purchase of bonds, any such otlicer shall bo liable to a line of not less than live hundred dollars for each ollence, to bo paid to such bondholder as nuiy sue for same ; and the treasurer and auditor nuiy appoint proper agents to collect and remit such taxes. Any such bonds that. may be purchased or fully paid, sliall be so rect>rded and cancelled ; all such bonds shall state on their laces that they are duly issued under this act ; ami the juovisions of this act rehiting to them shall be i)rinted on the back of such bonds, and the certificate of the auditor shall be evidence of their legal issue. Skc. 50. ^V.) The capital stock of any such rail roai ov wagon-road company shall be divided into shares d * nc hundred dollars each ; such shares shall be regarded as personal property, and be subject to sale and execution at law, and transferred as provided in the by-laws cf such company. The shares of stock in any such company shall be liable to assessment, as the directors of such company may order, not exceeding ten per cent, of each slmro monthly ; ami such stock shall not be voted on in person or by proxy, unless all assessments due are paid. If any instalment or assessment of stock shall remain un- paid for sixty days after the time it may be due or sj)eciliod in the call ordered by the directors, whether such stock is held by the ori^i^inal subscriber or by assignee or trans- feree, the same may bo collected by action' of debt ; the directors or treasurer may at their option servo upon sucb delinquent stockholders, if resident of this territory, a note of thirty days' notice in writing, or in case he may not bo a resident or not found, ^nblish in some newspaper printed in this territory or state, a like ^^_ notice that such instalment is due and unpaid'; and if " said instalment on such stock shall not be j^aid' wiihin thirty days after expiration of such notice, and all charges and expenses in the proceedings herein pre- scribed, be paid to the treasurer, then such stock, and all the right, title and interest of such subscriber, assignee or transferee therein, by virtue of such failure, ""and without further action by said company, shall become forfeited, and may bo disposed of or snld, as deemed expedient, and the balance due on said stock may be recovered by action of debt in any district court in this territory or state, or other states.. The stockholders of any company may at any duly called meeting, determine the amount of stock to be issued, which shall not exceed the cost and equipment of such rail-road; and mav re- duce the capital stock of any such company, if dee'med expedient, and return and cancel same, to*^ the amount that may bo determined by a vote of tho stockholders at any meeting duly held and voted on therein. {Six. 57. (Vi.) That any rail-road company iu this territory or state accepting tho provisions of this act, anply any amount of Ibcir capital btock to any specified section of their rail-road or wa^on-road, a^ may be determined by the stockholders at any meetin^^ ; may consolidate their stock with any rail road company in this territory or state, or in any adjoining territory or state; may elect at any meeting of the stockholders of such company or companies, if not less than seven ncr more than thirteen directors, as may be determined at such meeting ; may change or assume such corporate title as may be determined at any meeting duly held and then acted on therein, whicli is Ijcreby grantcil as the duly organized company and legally existing for all purposes whatever ; may transfer any existing or other s\ibscriptiuns of stock in such companies and the author- ized issue of bonds by any county, city or town, which shall bo binding and legal on such counties, cities or towns, as if no consolidation uf such com])anies or change in corporate title were made ; the filing of such acts and proceedings under the hands and seals of the c-fticurs o! such companies with the secretary of this territory or. state, would be evidence of such acts and proceedings under the provisions of this act, and the certificate of the secretary of this territory or state shall be deemed ^)/"/7/i'/ facie evidence of such organization and proceedings, ami legally binding and in force for all j)urpo5es hereii. mentioned. Sec. 6S. (VII.) This act and the provisions thereof are intended to aid and promote the mining, nianufacturiui: and industrial interests of this territory or state, and fui its public improvement; and may be made availalde foi such purposes to any companies who may accej)t it, an«l file such acceptance with the secretary of tlii- territory or state. 8ec. 59. (VIII.) The provisions of this act shall al apply to any mil-road company now organized, or that may hereafter bo organized in this territory, unless an acceptance of the same shall first bo iiled by said rail- road coni]>any with the secretary of the territory, nor shall its provisions in any way interfere with or apply to any proceedings taken for issuing county bonds, or for making county subscriptions to tho capital stock of any |rail-road company taken or made between the lirst day of December, 1SG7, and the lirst of February, 1868. ' Skc. go. (IX.) This act shall talany, at a stockholders' ineetini^, to he called for the purpose by the trustees of the conii)any, of which njcclinjr at least thirty days* notice shall be given to each stockht»lder by a note to his address being de}>osited in the post-ollice, and by publication in one or more news- papers published at a ]>laco in the territory where said company has its principal ]>lace of business; and if th< votes of a two-thirds majority of the sbarcsofthe stock of said company sliall be in favor of such lease or con- solidation, the same shall bo held to be ratified and confirmed. Skc. C2. (II.) That all such rail-road companies shall have the power and authority to borrow money for the purpose of aiding in the construction, o]>cration and main- tenance of theii interest as shall be agreed upon by the trustees of said company, not exceed- ing ten per centum per annum, and to execute a trust deed or mortgage in their discretion uj.on the road of said company, its depots, depot grounds, rolling stuck, which shall be considered realty, and such other prii{>erty or lands as it shall be lawtully i)ossessed of, with power of sale, to secure the payment of such loan or loans. Skc. 03. (111.) That all such rail-road companies shall have the power to accept donations ul lots and lands for the purposes of right of way or depot grounds, to be dis- posed of and conveyed in their discretion to aid in the construction, operation or maintenance of their road; and when, in ])ursuanco of the ]»rovisions of the acts to which this act is amendatory and supplementary, any such rail-road company shall acquire by condemnation any land for right of way or depot grounds, the right and title to said lands shall be and remain in said com- pany, their successors or assigns, so long as they shall 1 c lield and used for the purpoi^cs for wliicli they were acquired. Sk(\ 64. (ly.) It sliall 1)0 lawful for the hoard of county commissioners of any county in this territory within the hounds of which any part of the road of any such rail- road company shall he located, to suhscrihc to the ca])i- tal stock of said company, and issue the hondsof said county in payment for said stock, hearing not to exceed eight per cent. ])er annum intei of time as shall he ordered hy said hoard (d' county com- missioners: Provided, That said suhscription shall ho approved hy the legal voters of said county at an election _ to he called hy said commissioners for the piirpose, puh- lic notice of which shall he i)ul)lishcd at least three weeks prior to the day of such election in all newspapers puh- ' lished in said county.; or in case no such paper is puhlished in said county, said notice sliall he posted at the usual place of holding elections in each election pre- cinct in said county at least three weeks prior to said election. Such election shall he held, conducted, and the vote returned and canvassed according to the laws of the territory regulating elections. And if upon the canvass of the votes cast at any such election, it shall he found that a majority of all the votes cast are in favor of said suhscription, the county commi.-sioners shall make the same, and issue the honds of the county in payment therefor. Sei'. 65. (V.) That whenever the county commissioners of any county in this territory shall issue honds for the payment of any suhscription to the capital stock of any such rail-road comj^my, it shall he the duty of the coun- ty commissioners, or the authority doing county husiness in said county, annually thereafter, so long as any of said honds shall he outstanding, to levy upon the taxahle. property of said county a special tax sufficient in amount to pay the accruing interest on said honds, which tax shall he collected as other county taxes are by law, and the proceeds thereof shall bo paid in liquiihition of tli* interest npon such bomls in the manner, at the time or times, and at such phico or places as shall be provided for therein ; and in case any surplus of said tux shall re- main in any year after paying such interest, the same shall be applied to the purchase of the said bonds for cancellation. Skc. 66. (VI.) The term of existence of all rail-road codq panies shall not exceed fiftv vears. _^ AN ACT AMENDATORY OF AX ACT, ENTITLED AN ACT TO ENABLE ROA! DITCH AND OTHER MANUKACTLRWO COMPANIES TO UE- COME UODIKS CORPORATE. (aPPKoVKD JANUA&Y 10, lS6fi.> Beit cnacttd by the Council and IJou&e of JRepre^enta- tives of Colorado 'Territory: Sec 71. (I.) That in all cases where, nmlcr the provi- sions of the act to Avhich this act is amendatory, and the several acts amendatory of the same, any persons shall be incorporated for the purpose of manutacturing illumi- nating gas for the supply of the inhabitants of any incor- porated city, and lighting the streets thereof, the mayor and city council of such incorporated city are hereby empowered to authorize such incorporated company to excavate so much of the streets of said city as may be necessary to lay down street-pipes for conducting illumi- nating gas, as well as for the repairs of said street-pipes from time to time, under such regulations as said mayor and city council may deem adetiuatc for the prevention o! injury to persons or ]>roperty. Skc. 72. {l\.) It shall be lawful for any corporation whose object shall be to supply illuminating gas to any city or the inhabitants thereor, to lease, purchase, hoUi and convey such coal lands within this territory as said cor])oration may deem necessary, tor the purpose of sup- plying their works with coal for the manufacture afore- said; and Paid corporation shall also have power, and is hereby authorized to sell coal known as coke, or the coal from which the illuminating gas shall have been extract- ed, as Avell as other coal from the company's mines on their said lands. Sec. 73. (III.) Any corporation which shall expend the sum of fifty thousand dollars in money within eighteen months after the date of the certificate of incorpoiation in the purchase of an eligible site for the company's works, and for Liie purchase of conducting pipes and other necessary ajiparatus, and for labor in and about the con- struction of said work, exclusive of salary of officers, such corporation shall have the exclusive right and privi- lege of supplying biiid city and the residents and inhabit- ants thereof with illuminating gas during the period ot the legal existence of said corporation: J'rouideJ, That it shall not be lawful for such company to charge or col- lect from said city, or the inhabitants thereof, a greater sum of money than six dollars for each and every one thousand cubic feet of gas sold and delivered by said cor- poration, for the term of ten years from and after the date of the certificate of incorporation ; and for and during the next succeeding term of ten years a sum of money not greater than five dollars for each and every one thousand cubic feet of gas sold and delivered; and for and during the residue of the term of existence of said corporation, a sum of money not greater than four dolhirs for each and every one thousand cubic feet of gas sold and deliv- ered ; VLwd Provided further^ That said com])any shall, within two years from the date of the certificate of incor- poration, lay down in the streets of said city at least tWo miles of street-pipes for the supi)ly of illuminating gas to said citv and the inhabitants therein. Sec. 74. (IV.) Whenever any such corporation shall not, within one year after the date of the certiticatu of in- corporation, oonimem'o ti> erect their works for tlio manu- facture of gas, and within said first year shall not exi>en(l in money at least the sum of twenty thousand dollars in the purchase o( an eligible site for the erection o\' said company's works, and also for the purchase of strect-j-ipes and other necessary apparatus, and for work and labor done in and about the ereelion of works for the manufac- ture of gas, exclusive of salaries to officers of said corpora- tion, the said corporation shall thereupon be deemed to be dissolved, and the corporate existence of said company immediately cease and determine. Sec. To. (V.) For the j^urposo of ascertaining whether or uot any corporation created under the act to which this act is ameiuhitorv, and the several acts amendatory thereto, and also under the foregoing provisions of tliis act, shall have in good faith laid out and expended the sum of tifty thousand dolhirs, as is provided in section three of this act, or the sum of twenty tlu>usand dollai-s, s is provided in section four of this act, tlie trustees ot said corporation shall report in detail the items of expen- diture to the mayor and city council, which items shall be taken from the books of said corporation, and shall be verilied by the oaths of one or more of said trustees; and a failure to make report as above provided, showing an expenditure of the sum of fifty thousand dollars in good taith, with nece^8ary vouchers, if callcil for by the mayor and city council, within eighteen months after tiie date of the certiticate of incorporation, shall bo held and deemed to work a forfeiture of the exclusive right and privilege mentioned in section three of this act ; and r failure to make such report as above provided, showin« an expenditure of the sum of twenty thousand dollars in like ^^ok}<\ faith, with necessary vouchers, if called for by the mayor and city council, within one year next ensuing the date of the certiticate of incorporation, shall 1 emed to work a forfeiture of all rii^lits and privi- lopjes under said cortiticato of incorporation, and the said corporation shall thereupon be dissolved and immediately cease and determine. Skc. 7(5. (VI.) The mayor and city council, after the period of two years from the date of the certificate of in- corporation, may require, by resolution or ordinance, .s:iid corporation to extend the line of street-pipes, for conduct- inoj gas to the inhabitants of said city, a distance not exceedino: two miles, in addition to the two miles herein- before required to bo laid down through such streets as said mayor and city council may designate, having re- gard to the accommodation of the greatest numbel- of householders in the selection of the streets so to bo desig- nated ; and the said con4)any shall, within one y^r after iio.icc of the resolution or ordinance, complete the said line of extension fur the distance of two miles as afore- said ; and a failure to comj)lete t!ie said extension accord- ing to tlie terms ot the resolution or ordinance aforesaid, shall authorize and emi)Ower the mayor and city council to reduce the price to be charged and collected by said corporation for each one thousand cubicfeet of gas sold and delivered, to the sum of five dollars, after the"expira- tion of three years from and after the date of the certiti- eate of incorporation, anything in the provisions of tliis act to the contrary notwithstanding: Provided, hoioever^ Tiiat nothing in this section shall be construed to author- ize the charge or collection of more than four dollars for each and every one thousand cubic feet of gas sold and delivered, as hereinbefore provided, af\er the term of twenty years from and after the date of the certificate of incorj)oration. ^i:c. 77. (VII.) The term of existence of every corpora- tion authorized to be created for the purpose of manufac- turing illuminating gas, shall not exceed thirty years. AN AC r AMENPATOKYOF CUAl^TKK '" IIBpilll 81AT- rn;s ok Colorado, co^'Oh:KNIXG corporations. Be U aiacUil by the Coufu f.i :.'. V ,.f Colomdo Ttiritory Rfrpre^fai- ^Kc. 1. riiat in addition to tho companies or corpora- tions which may now be forinoJ or ori^anized under the provisions of the act to which this is amendatory, any three or more persons may associate thejnselvA?s together iV>r the pnrp.>so offiTmin^ir an incorporated eompany, for the purpose of aidini;, oncouraginn- an 1 inducing inimi- gratiou to this territory ; and inpany, when organized according to the provisions oi this act, may purchase, acquire, hold, possess, sell, convey and dispose ot lands, town lots and other p.ropertv, whether real, per- sonal or mixed. ^Ki. 2. Such incorporated c^ .ui-.^i^..^ Miai bo formed and organizeii in the same manner as required by section one, of the chapter to which Uiis net is amendatory ; and the provisions of said chapter, and all acts amenda- tory thereto, shall apply to snoli in.-orporated company as tar as the same are applica i such incorporated companies shall be invested \miii and entitled to the same powers, rights and privi:o_:os as any other com- panies whieh have been or i ncorporated under such chapter, or any of the aois aauadatory thereto. Skc. o. Any conjpany termed and organized under the provisions of this act, may continue in existenco for the period of thirty yeai-s. Sec. 4. That the said c... ....... ...... vvnimence busi- ness as soon as its capital stock shall be fully subscribed* and that tho same may bo issued in whole or in part for tlie purchrtso of real estate and other property within this territory, and the said company may create and issue it;5 bonds or obliijations secured by morti^aije upon its property and tVanchises, or otherwise, and dispose of the same upon such terms as to tlio company may seem advantfti^eous, and may make tho principal and interest tliereof payable at any or all oi the olHcos of tho com- pany, and may exchange any portion of tho lands or property for such bonds, attor tlio same havo been dulv issued. (Signed,) iciLoKOE AN\ Mii.LKK, S^hidtr of the Ilouitcof Ji\'j>resen(ati'ves, (Signed,^ Gkokge A. IIinsdali:, PresUt/U of the Council. \Vo hereby certify, that we have examined tho en- rollment oi the within bill, and tind the sauic correctlv enrolled. ^Signed,) CiKo. W. Manx, Chainnan House Committee, (Signed,) AViLMwi M. KowoKTir, Chairman Council Committee, 1 conity, tliat an act amendatory of ciiapior eighteen of Kevised Statutes, oi' whicli the within and toregoing is a correct enrollment, originated in the Legislatflvo Council of Colorado Territory, during its eighth session, convened at Denver, January 3d, A. i>. 1S70. (Signed,) A. O. rArimwoN, Secretary of the Council. Approved February 11th, 1S70. (Signed,'^ KinvAKD M. McCtx^K, Governor.