no case shall any companies consolidate so as to increase the toll allowed other companies, and in no case shall any companies consolidate so as to increase the toll allowed by law.

SEC. 13. Provided, that nothing herein contained shall be construed to grant this company banking privileges of any character. Approved December 7th, 1859.

CHAPTER XI.

AN ACT

To Incorporate the Arrappahoe Ditch Company.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That S. B. Allen, C. R. Harris, and H. H. Tomheart, together with their associates, are hereby constituted a body politic and corporate, by the name and style of the Arrappahoe Ditch Company, and by that name shall be competent to make contracts, sue and be sued, plead and be impleaded, in all matters whatsoever, both in law and equity, and shall have all the powers and privileges usually granted such corporations, and which may be necessary for the proper carrying into operation the objects of said company.

SEC. 2. The company hereby incorporated, shall have power to hold by purchase or claim, a tract of land along the line of said ditch, not exceeding twenty feet in width, on each side of the same; provided, that said land be not valuable as mining claims.

SEC. 3. Said company shall have the right and privilege of cutting a ditch or canal, commencing at a point on Clear Creek, about ont half mile below the town limits of Golden City, thence along the banks of Clear Creek via Arrappahoe to the mouth of Ralston's Creek, having the right to run a line of said ditch north of the town of Arrappahoe; at that point the object of said ditch or canal is to afford water for mining purposes, and also for agricultural purposes.

SEC. 4. Said corporation shall have the right of way for said ditch or canal wherever it shall pass; provided, that said company shall pay all damages that may be assessed by a jury empanneled for that purpose, by reason of cutting said ditch over or through any claims which shall have been laid or made prior to the time of locating said ditch.

SEC. 5. The said company shall have power to pass by-laws for the government of its members.

SEC. 6. This act shall continue in force for and during the term of twenty years; provided, that nothing in this act shall be so construed as to prevent another company which now has a ditch out of the Canon of the table mountain, and continuing the same north of the town of Arrappahoe, nor to prevent them from crossing the lands, or ditch, or smaller ditches; conditioned, that the said company shall not obstruct the water nor do any injury to the said Arrappahoe ditch company.

SEC. 7. Provided that nothing contained in this charter shall authorize said company to run their ditch along or across any road which has heretofore been in public use as a highway, unless they shall, by bridge or grading, make such road as good and safe for travelers as it was before making such ditch across or along such road.

Approved Dec. 7th, 1859.

CHAPTER XII.

AN ACT

To Incorporate the South Platte River Improvement and Lumbering Company.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That W. A. McFadding, J. D. Henderson, J. C. Sanders, C. J. Stevens, J. Easter, their associates and successors, be, and are hereby, declared and made a body corporate under the name and style of the South Platte River Improvement and Lumbering Company, for the purposes hereinafter set forth, viz:

SEC. 2. That the said company shall, in consideration of the provisions hereinafter provided, proceed to improve the channel of said river from the city of Auraria to a point twenty miles above the mouth of the Canon, so as to permit the successful drifting of logs and other loose timber down the same; provided, the right to improve the channel of said river shall not interfere with the right of persons or companies to construct dams across said river, at any point between the limits herein mentioned, for purposes of irrigation, mining or running machinery; provided,

such dams be constructed with a slide, of not more than forty degrees elevation, and not less than ten feet wide across the river, and fifteen feet long, over which logs, lumber, timber, wood, and other material may pass.

SEC. 3. The said company shall have two years from the passage of this act, to complete the same, and in failure to do so, shall forfeit all privileges, immunities, and advantages contained in this charter.

SEC. 4. That the company shall have exclusive privilege of rafting logs, lumber, and all other materials, within the limits above mentioned, for the term of twelve years, under the restrictions contained in section five; provided, all persons and companies shall have the privilege of rafting, drifting, or otherwise floating down said river, within the limits herein mentioned, such lumber, timber, wood, and other materials as they may desire, by paying the toll provided for in section five.

SEC. 5. They shall have power to charge and collect according to law, a toll and boomage upon all logs, sawed lumber, timber, and poles, at the following rates, viz: Logs, per M, board measure, five dollars; sawed lumber, per M, board measure, five dollars; hewed timber, per M, board measure measure, five dollars; poles, six inches in diameter, twenty-five cents each; any other timber, per cord, one dollar.

SEC. 6. The said company shall have the right to build a boom or booms for the purpose of securing their and other logs, timber, poles, lumber, and other materials belonging to other parties, providing that no lumber, logs, wood or other materials, shall be detained or stopped longer than is necessary to pass said lumber, logs, wood and other materials through the boom, narrow places, and chutes in the river, in regular order in which they may arrive, unless caused by unavoidable accident, and the company shall be liable to all damages which may be caused by delay in consequence of the fault or neglect of the company in not keeping the river, booms, and other fixtures in said river, in good repair for the speedy rafting and floating of the character of materials above mentioned; provided, that the company shall not have the exclusive use of the booms, narrow places, and chutes in said river, to the exclusion of other parties; but all materials shall be passed in the order in which they arrive; provided, that the tolls herein authorized shall not be collectable until the materials arrive at their point of destination or the last boom of the company, and the company shall have lien on all materials for their tolls.

SEC. 7. That said company shall not collect any toll or tolls of parties rafting on said river until they receive authority to do the same, from a commission to be appointed by the Governor, who

shall inspect the work done by the company, and shall authorize them to take toll when they have improved the river so that the same is safe for rafting purposes.

SEC. 8. The said company shall be capable of suing and being sued by the name and style used in this bill, in all courts of law and equity; shall have a common seal and alter same at will, and be capable in law of acquiring, holding and conveying property, both real, personal and mixed, for the purposes herein mentioned.

SEC. 9. The capital stock of said company shall not be less than fifty thousand dollars, and may be increased to one hundred thousand dollars.

SEC. 10. The company shall have power to make such rules and regulations for their government, as are proper and just, and not inconsistent with the laws of this Territory.

Approved Nov. 28, 1859.

CHAPTER XIII.

AN ACT

To Incorporate the Consolidated Ditch Company.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving: That W. G. Russell, B. F. Chase, J. M. Wood, R. W. Steele, C. R. Roberts, Dupee, A. H. Owens, Henry Allen, Wm. M. Slaughter, G. W. Cleveland, their associates, successors, heirs and assigns, shall have, for thirty years from the passage of this act, the exclusive privilege of building and keeping in repair a ditch or canal for the purpose of conveying water to the miners along the route of said ditch, and charging for the same. The ditch is located in Mountain County, beginning on the middle Fork of Clear Creek, about twelve miles in a westwardly direction from Gregory's Diggings, as the survey and work already done on the line of said ditch will more fully show; running thence in an eastwardly direction to the head of Russell's Gulch, then branching one branch on the South of said Gulch, and extending down the

same on the side of the mountain, and hereby granting the right of way and privilege of this arm of the ditch, to the mouth of said Russell's Gulch on the south side. The other branch of the ditch to have the right of way on the north side of said Russell's Gulch, continuing along the side of what is known as Quartz Mountain, to Quartz Hill, or the Patch Diggings; thence along the summit of said hill to a divide at the south-east side of said hill, thence following said divide either by flume or otherwise, to the hill east of the Missouri Flats; thence following said hill to a convenient place for another branch, the south going into what is known as the Lake, south of Gregory and Mountain City, which lake the company shall have the exclusive right to use as a reservoir, and continue the same branch through the same, down what is known as Lake Gulch, for a distance not exceeding five miles. The north fork shall continue around said hill or mountain to Gregory's Diggings, and further if necessary, not exceeding three miles.

SEC. 2. Said company shall have the exclusive right of way on said ditch and branches, for the distance of thirty rods on each side; to have the use of timber, stone and other material, for repairing or constructing said ditch.

SEC. 3. They shall also have the privilege of claiming or purchasing along the line of said ditch, the amount of five acres for each saw, quartz, steam mill, or such other machinery whose motive power is furnished by water from said ditch.

SEC. 4. The said company to have for the time specified above, the exclusive right to the use of all the water in said middle fork of Clear Creek, at a point where said ditch intersects said creek, leaving, however, at all times, sufficient to supply the claimants below, whose rights attached before the commencement of the building of said ditch.

SEC. 5. That said company shall not have the power to appropriate claims or other public lands, bona fidely worked or improved, unless by first compensating the owner or owners of the same; said compensation to be ascertained as elsewhere directed.

SEC. 6. The officers of said corporation shall consist of a President, Vice President, Secretary, Treasurer, Superintendent, Collector, and such other officers as their articles mention, which officers shall constitute a Board of Directors. The said company shall have power to make all needful rules and regulations for their government.

SEC. 7. The said company is hereby made a body corporate and politic, capable of suing and being sued, to plead and being impleaded in law and equity.