CHAPTER V.

AN ACT

To Incorporate Cibolo Hydraulic Company.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That J. W. McIntyer, D. C. Vance, A. McPhaeder, D. McClery, F. B. Chase, with such persons as they may associate with them, and their successors be, and the same are hereby created a body corporate and politic under the style of the Cibolo Hydraulic Company, which shall have the power to sue and be sued, plead and be impleaded, to contract debts and hold credits and answer in any place where a company may.

SEC. 2. Said company shall have a capital stock of fifteen thousand dollars, which they may increase to twenty-five thousand dollars at any time hereafter, which stock shall be divided into shares of one hundred dollars each.

SEC. 3. Said company shall have power to construct a dam across clear creek in Jefferson county, at some point by them to be located within the distance of four miles above the town of Golden city, and to turn not more than one-third of the water of Clear creek at that point, into a canal or race or ditch. Provided, that the said company shall not at any time turn from the channel such an amount of water as to obstruct the work of or in any way injure parties below them on the stream holding claims of prior date to that of the company, and to carry such ditch down the canon on the right or south side of clear creek past Golden city, and along the table mountain canon, with power to make a branch on the south side of the table mountain and thence upon or near the divide between the South Platte river, at some point between the town Highland and the mouth of clear creek, with power to construct such branches as the company may choose to make.

SEC. 4. The company shall have the right to use the water so taken from clear creek for agricultural, mining or medical purposes, and may sell the water to other parties at reasonable rates, say not more than one dollar and twenty-five cents per inch.

SEC. 5. Said company shall have the right of way over all grounds upon the line of said canal. Provided, that when any claim is held under the laws of this Territory and the company shall wish the right of way over such claim, the compensation, if any, which the company shall pay for the right of way, shall be decided by three referees, one of which shall be chosen by the com

pany and one by the party claiming damages, and a third by the other two, and said referees in assessing damages shall take into consideration the benefits accruing to the claimant's property as well as the damages done, and their decision of the case shall be final, unless there be fraud or bribery used, when the decision may be reversed by the courts of the Territory.

SEC. 6. Said company shall be bound to construct at least two miles of said canal within one year from the passage of this act.

SEC. 7. Said company may issue bonds, or rather evidences of indebtedness and sell the same upon such terms as they may prescribe.

SEC. 8. All the affairs of this company shall be regulated by the company, who shall have power to make such rules and regulations and elect such officers as may be necessary to secure the interest of the company.

SEC. 9. This act shall be in force from and after its passage and shall continue in full force and effect for the space of ten years after its passage.

Approved December 7th, 1859.

CHAPTER VI.
AN ACT

To Incorporate Fountain City Bridge Company.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That William H. Green and associates, are hereby made a body corporate and politic under the name and style of the Fountain City Bridge Company, with privileges to erect a bridge across the Arkansas River at or near the point where the old road now crosses said river, or at any other point within two and a half miles either way from said point, with exclusive privileges for the term of ten years after the completion of said bridge. Provided said bridge is completed within one year from the passage of

this act.

SEC. 2. The rates of toll on the above mentioned bridge within the above mentioned points under the direct jurisdiction of said company, shall not be more than the following rates:

For heavy train wagons,

light

$4.00

250

50

25

10

10

CHAPTER VII.

AN ACT

To Incorporate the Boulder City, Gold Hill, and Lefthand Creek Wagon Road.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That T. J. Graham, E. D. Steele, William Pell their associates and assigns, be and are hereby created a body corporate and politics by the name and style of the Boulder City, Gold Hill and Lefthand Creek Wagon Road Company, and by that name shall be capable in law and equity to sue and be sued, to plead and to be impleaded, to defend and be defended in any court having proper jurisdiction, and shall be, and are hereby invested with all the powers and privileges and immunities which are or may be necessary to carry into effect the purposes and objects of this act.

SEC. 2. The said company are hereby authorized and empowered to locate and construct and finally complete a wagon road not exceeding one hundred feet in width commencing at Boulder City and running thence to Gold Hill and Lefthand Creek.

SEC. 3. The capital stock of said company shall consist of three hundred shares of twenty-five dollars each, with the privilege of increasing the same to any amount sufficient to carry into effect the objects and intent of this act, the immediate government and direction of said company in its affairs, shall be in conformity with the constitution and by-laws that may be adopted by said company.

SEC. 4. The directors are hereby authorized to establish toll gates and appoint toll gatherers, and demand and collect toll upon the road, at rates not exceeding for two wheel vehicles one and a half cents per mile; for four wheeled vehicles three cents per mile; and for every head of oxen attached to a vehicle or otherwise, three fourths of a cent per mile, and for every horse, mule or jack, whether attached to a vehicle or otherwise, one cent per mile.

SEC. 5. Provided, said company shall build a good wagon road to compare with other toll roads and complete the same within twelve months from and after the passage of this act.

SEC. 6. Said company shall be holden to pay all damages that may arise to any person or persons, corporation or corporations by taking their lands for said road in the manner prescribed by law, for the recovery of damages happening by the laying out of Territorial roads the said company shall have power to make, ordain, or establish all such by-laws, rules and regulations as they may deem necessary and expedient to accomplish the designs and purposes, and to carry into effect the provisions of this act. Provided, however, the same be not repugnant to the laws of this Territory, or of the United States.

SEC. 7. This act to take effect and be in force from and after its passage and to continue for ten years.

Approved December 7th, 1859.

CHAPTER VIII.

AN ACT

To Incorporate the Clear Creek Lumbering Company.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That John C. Wall, John E. Carter, their associates and successors, and such other persons as may associate themselves with them be and are hereby declared and made a body corporate under the name and style of the Clear Creek Improvement and Lumbering Company, for the purpose hereinafter set forth.

SEC. 2. That the said company shall, in consideration of the provisions hereinafter provided, proceed to improve the channel of said creek from the eastern boundary of Golden City to a point twenty-five miles above, on said creek, or as far as they may deem advisable, so as to permit the successful driving of logs and other loose timber down the same; provided, the right to improve the channel of said creek, shall not interfere with the right of persons or companies to construct dams across said creek at any point between the limits herein mentioned for the purposes of mining or running machinery or irrigation, provided such dams be constructed with a slide of not more than forty degrees elevation, and not less than ten feet wide across the creek and fifteen feet long, over which logs, lumber, timber, poles and wood may pass.

SEC. 3. The said company shall have two years from the passage of this act to complete the same, and in case of 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, timber, and other materials within the limits above mentioned for the term of ten years, under the restrictions contained in section five; provided, all persons and companies shall have the privilege of rafting, driving or otherwise floating down said creek within the limits herein mentioned, such lumber, timber and wood as they may desire, by paying the toll in section five provided for.

SEC. 5. The said company 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:

SEC. 6. Said company shall have the right to construct a boom or booms for the purpose of securing theirs and others logs, timber, poles and other lumber belonging to other parties; provided, that lumber or other timber, shall be delayed or stopped an unreasonable length of time, after all dues for toll or boomage, as heretofore provided, has been paid.

SEC. 7. 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 may alter the 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. 8. The capital stock of said company shall not be less than two thousand dollars, and may be increased from time to time as occasion may require.

SEC. 9. Said company shall have power to make such rules and regulations for their government, as are proper and not inconsistent with the laws of this Territory or of the United States.

Approved December 7th, 1859.