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CHAPTER IX.

AN ACT

To Incorporate the Denver, Auraria and Colorado Wagon Road Company.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That Joseph Casto, Horner Fellows, Christian Dorsey, Soloman Shrop, with such other persons as may associate with them for that purpose, are hereby incorporated by the name of the Denver, Auraria, and Colorado Wagon Road Company, and under that name and style shall be capable of suing and being sued, defending and being defended in law and equity, in all courts and places; may make and use a common seal and alter and renew the same; be capable of contracting and being contracted with, and are hereby invested with powers, franchises and immunities and privileges, and conveying real estate and personal estate which may be needful to carry into effect the purposes and objects of this act.

SEC. 2. The said company is hereby authorized and empowered to survey, locate and construct, complete, alter and maintain a wagon road from Denver City via Auraria, Baden, Mt. Vernon, South Park, Tarryall, Fort Jones and terminating at Saratoga West on the Blue Fork.

SEC. 3. The said company shall have the right to appropriate one hundred feet wide on the route, of the entire length of road, to use of said company in building said road.

SEC. 4. The capital stock of said company shall be ten thousand dollars, which may be increased from time to time to any sum not exceeding the amount expended on account of said road, which shall be divided into shares of one hundred dollars each, issued and transferable as may be ordered by the directors of said company, and shall be deemed personal property.

SEC. 5. The corporate powers of said company shall be vested in a board of directors not to exceed ten in number, of which the president, vice president and secretary shall be members ex officio.

SEC. 6. The officers of this company shall consist of a president, vice president, secretary, engineer, superintendent and treasurer, who, together with the board of directors, shall be elected annually, and hold their office until their successors are elected and qualified.

Each share shall be entitled to one vote. Members may vote by proxy. Vacancy in any office may be filled by a vote of two-thirds of the remaining directors.

SEC. 7. The company shall have power to make, ordain and establish such by-laws, rules and regulations deemed expedient for the objects and interests of the company. Provided, they do not conflict with the organic act of this Territory.

SEC. 8. The company shall have power to establish such rates of toll and collect the same as is guaranteed to them by this act. It shall be the duty of said company immediately or as soon as practicable, to cause to be placed in the office of the Secretary of the Territory, a map and profile of said road and all its branches.

SEC. 9. Said company shall complete said road to Tarryall on or before the 15th day of May, A. D. 1860, and to Fort Jones on or before the 1st day of June, A. D. 1860, and to Saratoga West on or before the 1st day of July, A. D. 1860.

SEC. 10. The rate of toll on said road shall not exceed one dollar and seventy-five cents from Mt. Vernon to Tarryall, one dollar from Tarryall to Fort Jones, and one dollar from Fort Jones to Saratoga West, and tolls are not to be collected on any part of the road until the same is in good condition for teams to pass over, and only in proportion to the amount expended in building said road; the above tolls to be collected from wagons drawn by three yoke of oxen, cattle or like number of horses or mules, and fifty cents for each additional team from Mt. Vernon to Tarryall, and twenty-five cents from Tarryall to Fort Jones, and twenty-five cents from Fort Jones to Saratoga West.

SEC. 11. The grade on this road shall in no place exceed ten feet rise in one hundred feet, and shall be bridged when needed and in every way be made a safe road for team at all times and seasons of the year when snow does not make it impassable.

SEC. 12. Nothing in this act shall prevent any other company from building a road on said route, point six and one half miles south west of Mt. Vernon, near Bergen's Ranch or any other point west of the point aforesaid, and crossing and following such road whenever it is absolutely necessary. Said company crossing or traversing said road, being at equal expense of building and keeping that portion of the road in repairs. Provided, that nothing herein contained shall be so construed as to allow this company to interfere with, or run over the route of the St. Vrain, Golden City, and Colorado Wagon Road Company in any manner, except as set forth in the charter of said company.

SEC. 13.

This act shall take effect and be in force for the term of two years from the 4th day of July, A. D. 1860, unless the company sooner make it a free road.

Approved December 7th, 1859.

CHAPTER X.

AN ACT

To Incorporate the St. Vrain, Golden City, and Colorado Wagon Road.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That John W. McIntyre, J. M. Ferrell, Harry Gunnell, and Lucien W. Bliss, with such other persons as may associate with them for that purpose, are hereby incorporated a body politic and corporate, by the name and style of the St. Vrain, Golden City and Colorado Wagon Road Company; and under that name and style shall be capable of suing and being sued, impleading and being impleaded, defending and being defended against in law and equity, in all courts and places, may make and use a common seal, and alter and renew the same, be capable of contracting and being contracted with, and are hereby invested with all powers, privileges, immunities, and franchises, and acquiring by purchase or otherwise, and conveying real estate and personal estate, which may be needful to carry into effect fully the purpose and objects of this act.

SEC. 2. The said Company is hereby authorized and empowered to survey, locate, contract, complete, alter and maintain a Wagon Road from St. Vrain, by way of Arrappahoe and Golden City, to Saratoga West in Saratoga County.

SEC. 3. The said company are hereby authorized and shall have the right of way upon, and may appropriate to its sole use and control, for the purpose contemplated herein, land not exceeding one hundred feet in width, through its entire length, upon such route as may be determined, and may take more land, earth, or material as may be necessary for the construction or completion, or maintaining said road. Provided, that no land shall be taken by said corporation for or in the construction of said road, upon

which settlers are located and have right of claim thereon, without full and just remuneration thereof, which remuneration or damage shall be ascertained by three commissioners, one to be chosen by the corporation, one by the party claiming to be injured, and the third to be chosen by the two chosen as above; and when said commissioners are so chosen, they shall proceed to examine the lands proposed to be taken, also the damages done and sustained in consequence of the taking of said lands for said road, and shall give to the party claiming to be injured, a copy of their decision, and one copy shall be filed in the office of the Secretary of the corporation, and said corporation shall, before taking said land claimed to be damaged, pay or tender to the party injured the amount so awarded such person or persons by said commissioners, and when such tender is made, then said corporations are hereby authorized to take such land for the construction of said road as is by this authorized, provided the other party shall have the right of appeal from the decision of the referees, to the District Court.

SEC. 4. The capital stock of said corporation shall be twelve thousand dollars, which may be increased from time to time to any sum not exceeding the amount expended on account of said road, divided into shares of fifty dollars each, which shall be deemed personal property, issued and transferred as may be ordered by the directors or laws of said company.

SEC. 5. All the corporate powers of said company, shall be vested in and exercised by, a board of directors, and such officers and agents as they may appoint. The board of directors shall consist of eleven persons, stockholders, who shall be chosen annually by the stockholders, each share having one vote by person or proxy, and continue in office until their successors are elected and qualified. Vacancy in the board may be filled by a vote of two thirds of the remaining directors.

SEC. 6. The president and directors for the time being, are hereby empowered, or their officers or agents, to execute all the powers herein granted for the purpose of surveying, locating, and constructing said wagon road, and authority for the control and management of the affairs as may be necessary to carry into effect the intent of this act.

SEC. 7. The said company shall have power to make, ordain, and establish such by-laws, rules and regulations deemed expedient for the objects and interests of the company, provided they do not conflict with the laws of the United States or the organic act; they shall have power to establish such rates of toll, and collect the same, and matters and things respecting the use of said road.

SEC. 8. The rates of toll upon said road shall be as follows, to wit: From St. Vrain to Golden City free; from Golden City

to Tarryall, on the middle fork of the south platte, not exceeding two dollars for each wagon drawn by not exceeding three yoke of cattle, two span of horses or mules, and fifty cents extra for each yoke of oxen or span of horses or mules; and from Tarryall to Jones' Fort, on the blue fork of the Colorado River, one dollar for the same description of teams, twenty-five cents extra as before; and from Jones' Fort westward to Saratoga West, two cents per mile for each team and wagon, as aforesaid, with one half cent addition per mile for each extra yoke of cattle, span of horses or mules, as far as may be necesstory to extend said road, and that toll shall not be charged on any part of said road only as completed; and that in proportion to the whole distance and proportionate expense of making said road, and no toll shall be charged on any other than the main road herein specified, and shall charge no toll on said road except when it is kept in good repair.

SEC. 9. Said corporation shall within a reasonable time after said road is definitely located, cause a map and profile to be made of the road, and file the same in the office of the Secretary of the Territory.

SEC. 10. In case of refusal or neglect on the part of Stockholders to make payment as required, the shares of such delinquent may after thirty days' public notice, be sold at public auction, and the surplus, if any, deducting payments and interest to be paid to each stockholder.

SEC. 11. Said company shall commence the construction of said road within ten days after the passage of this act, and shall complete the same within nine months thereafter, and said company shall so finish such road that it shall at no place have a grade to exceed twenty to each one hundred feet, and of sufficient width for two teams to easily pass each other abreast, before they shall be entitled to collect any toll. Provided, that for the present they may only make places for teams to pass conveniently, and not more than thirty rods apart.

SEC. 12. Provided that nothing herein contained shall be so construed as to prevent any other road from crossing the same, or from running along side road at any point where it may be impracticable to run such other road in any other place; provided, the person or company wishing to build such other road, shall pay an equal proportion of the expense of building the road at such place of crossing or running together, or shall pay this company a reasonable compensation for passing over such road; and provided that the company or person wishing to build such other road, shall arrange their toll gate in such a manner as not to interfere with the tolls to be collected by this company; and provided further, that the toll gates established on said road, shall not be erected so as to interfere with the tolls allowed other companies, and in

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