Colorado Law

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Colorado General Assembly

University of Colorado Law School 
Colorado Law Scholarly Commons 
Session Laws 1861-1900 Colorado Session Laws 
1861 
To protect the mining claims and property of Soldiers. 
Colorado General Assembly 
Follow this and additional works at: https://scholar.law.colorado.edu/session-laws-1861-1900 
Recommended Citation 
Colorado General Assembly, "To protect the mining claims and property of Soldiers." (1861). Session 
Laws 1861-1900. 124. 
https://scholar.law.colorado.edu/session-laws-1861-1900/124 
This Act is brought to you for free and open access by the Colorado Session Laws at Colorado Law Scholarly 
Commons. It has been accepted for inclusion in Session Laws 1861-1900 by an authorized administrator of 
Colorado Law Scholarly Commons. For more information, please contact rebecca.ciota@colorado.edu. 
134 GENERAL LAW'S,
*■ AN. ACT - •
/ /T o  protect tlie mining claims and property o f Soldiers,
 ̂ Be it enacted by the Council and House of Representatives 
SoWim inte ts Colorado Territory.
■in mtqbg°cMma S ection  1. T h e‘ interest in mining claims, imdmiu* 
SfiSfSSdi'’ ¿lining property of all inhabitants of this Territory, who 
«slaws. have enlisted or who may hereafter enlist into the1
service of the United States, during the present rebel­
lion, shall not be subject to levy or sale, by virtue of 
any of the miners’ laws, or the judgments o f any of 
' the miners’ courts or clubs, until the expiration of 
„ ... . , ,, one year from the time when such person shall' be
lin of chin« wub legally discharged from such service: Jb-omded, hoicever, 
Ec«rdcroftiistrktgucj1 soi(per ghap fpe ju the office of the Recorder o f
the mining district in which claims are located, a list1 
of the same, signed with his name.
Sec. 2. This act shall take effect from on and after' 
its passage.
Approved, November 6th, 1861.
AN  ACT
Relating to the Commitment o f Prisoners.
Be it enacted by the Council and House of Representatives 
of Colorado Territory: ,,
No county jail. S ection  1. When any person is committed to jail 
tSs™%sa™t & by a Justice of the Peace or Judge or other Magistrate 
fho Territory. euch Justice or other Magistrte may if there be no jail 
in the county, commit such person to the nearest safe 
■ jail in any county of this Territory.
' See. 2. This act shall take effect from and after its1
passage. .
Approved. November 6th, 1861,.
AN ACT •
Concerning Legal Advertisements.
Be it enacted by the Council and House of Representatives 
of Colorado Territory: .
Printer’s Certifi- S ection  1. When any notice or advertisement shall1 
*ttbiieaUoin#B of^° required,, by law, or the order of any court, to be 
IU 15R 10n' published in any newspaper, the certificate of the 
printer or publisher, with a printed copy of such notice 
or advertisement annexed, stating the number of times 
which the same shall have been published, and the dates 
o f the first and last paper containing the same, shall he


English

To protect the mining claims and property of Soldiers.

https://scholar.law.colorado.edu/session-laws-1861-1900/1142/thumbnail.jp

University of Colorado Law School 
Colorado Law Scholarly Commons 
Session Laws 1861-1900 Colorado Session Laws 
1861 
To incorporate the Blue River and Buffalo Flats Ditch Company. 
Colorado General Assembly 
Follow this and additional works at: https://scholar.law.colorado.edu/session-laws-1861-1900 
Recommended Citation 
Colorado General Assembly, "To incorporate the Blue River and Buffalo Flats Ditch Company." (1861). 
Session Laws 1861-1900. 143. 
https://scholar.law.colorado.edu/session-laws-1861-1900/143 
This Act is brought to you for free and open access by the Colorado Session Laws at Colorado Law Scholarly 
Commons. It has been accepted for inclusion in Session Laws 1861-1900 by an authorized administrator of 
Colorado Law Scholarly Commons. For more information, please contact rebecca.ciota@colorado.edu. 
1'it IV ATE AUxb.
AiT ACT
To incorporate the Blue River and Buffalo Flats Bitch Company.
Be it enasM by the Council and House of Bepresentaiiccs o f Colorado
Territory.
Section 1. That the company composed o f John II. Newbauks, 
Noah Nowbnnke, S. Loomis Shattock, Jesse C. Love, Ivors W . 
Fanvell, Philip R. Bohn and Henry Altman, now known and doing 
business at Buffalo Flats under the name o f the Blue River and 
Buffalo Flats Bitch Company, their successors, heirs and assigns, 
shall have, for the full term o f ten years from the passage o f "this 
act, the exclusive privilege o f running and keeping in repair the 
ditch known as the Bine River and Buffalo Flats Ditch, for the 
purpose o f conveying water to the miners, mill men and others, 
along the lino and at the termini o f said ditch and branches. The 
said ditch being located in what is known as the Blue .and Swan 
River country, and Territory o f Colorado; commencing on the Bine 
River, above the town of Breekenridge, on said river—the waters 
o f which the said Company shall have the right to bring in and 
through their ditch, at the point where said ditch intersects said 
river, leaving, however, at all times, sufficient water in said stream 
to supply all claimants whose rights attached before the construc­
tion o f said ditch was commenced; thence down said river, north­
ward y, to tho point o f land formed by the junction o f said river 
and French Gulch; thence up said gulch, on the south side, about 
one mile; thence across said gulch by flume, or otherwise; thence 
down said gulch, on tho north side, to a point near the Blue River; 
thence down said river, about tliree miles, northwardly; thence 
eastwardly, to tho hill on the west side o f Gold Run; thence up 
said run, southwardly, about one mile; thence across said run, by 
flume, or otherwise, to the east side o f said run; thence down said 
run, northwardly, about onc-lialf mile; thence, castwardly, one 
mile. The Company, for the said term o f ten years, shall have tho 
exclusive right o f way along the line o f said ditch and branches, 
for a distance of ten rode on each side ami at the termini, horizontal 
measurement, and tho free use o f stone and timber .along said ditch 
and branches, for the purpose of constructing and keeping in 
repair said ditch and branches.
Sec. 2. The afore mentioned Bitch Company is hereby made and 
declared a body corporate and politic, capable of suing and being 
Bued, pleading and being impleaded in ktw and equity, under the 
name and stylo o f the Blue River and Buffalo Fiat3 Ditch 
Company. ,
Sec. 3. The capital stock o f said Company shall he twenty thou­
sand dollars, divided into shares of such sums as tho Company may 
elect, and each share shall bo entitled to one vote at all elections of 
the Company, which capital stock may be increased to any. amount 
not to exceed fifty thousand dollars by a two-thirds vote o f tho 
stock at any regular meeting o f the stock holders, winch stoek may 
be represented and voted by any one holding a written proxy from
~ V £ S —
the party or parties whose name the Btoek stands on tlio books o f 
the Company. .
Sec. 4. The officers o f sard Company, shall consist o f a President, 
Vice President, Secretary, Treasurer, and Superintendent, wlio, 
jointly with any others the Company may elect, shall constitute a 
Board o f Directors.
. See. 5. The said Company shall have power to make rules, regu­
lations and by-laws, as to them may bo deemed needful and requi­
site, for the management and regulation o f the affairs o f the Com­
pany and the transfer o f stock.
See. G. The Board o f Directors o f said Company shall have such
{lowers and perform such duties, as may be assigned to them by the- aws o f the Company.
See. 7. The said Company shall be deemed and held liable for. 
all damage done the property o f others, through neglect or care­
lessness m operating said ditch.
Sec. 8. The said Company shall have tlio right to charge and col­
lect payment, for all water furnished by their ditch, mid used by 
others, at the rate o f fifty cents for day water, and twenty-five 
cents for night and second water, per square inch, measured with a 
five inch head. .
See. 9. The Company may purchase and hold property, both per­
sonal and real, which shall be necessary for the exercise o f the legit­
imate business and powers herein granted, whenever so declared by 
a vote o f  two-tlurds o f  the stock at any election.
Sec. 10. A ll papers or contracts, wherein the Company are inte­
rested, shall ho signed by the President and Secretary of' the Com­
pany, who alone shall have the power to bind the Company, in any 
contract or evidence o f indebtedness. .
See. 11. A ll persons who shall interfere with or wantonly or 
maliciously injure the said Company’s Ditch or appurtenances 
thereunto belonging, shall, upon conviction bo deemed guilty of a1 
misdemeanor and punished by a fine o f  not less than twenty five 
dollars, nor more than three hundred dollars, or imprisonment not 
more than six months or both.
Sec. 12. Nothing in this act is intended or shall bo construed into 
any interference with the rights o f  miners on lands where gold 
exists in paying quantities, except the line of tho ditch which shall 
not be interfered with or impaired by any person without the con­
sent o f the Company.
Sec. 13. The Company immediately after the passage o f this 
act, shall be called together by the Acting Secretary, and elect a 
President, vice-president, Secretary, Treasurer and Superintendent 
for such time as they may elect; and until their successors aro 
elected and qualified.
See. 14. The same individual may hold ono or more offices, as 
tho Company may say and determine. .
See. 15. Nothing in this act shall bo so construed to confer any 
banking privilege, either to emit bills or any other species o f circu­
lating medium. . i
TlUYAXJa ACTS, ----------------------------------------------
PRIVATE ACTS.
Sec. 16. The said'Ditch Company shall at all times bo compelled 
to furnish water to miners or mills, at the rate specified in their 
charter, whenever they have water in their ditch unsold.
Sec. 17. The said Company shall not ho allowed or authorized, 
under any o f the provisions o f this act, to divert the water of any . 
stream from its natural channel, when needed for the purpose o f 
mining, or working out mining claims, on such stream.
See." 18. That the failure, on the part of the Company, to comply 
with any o f the provisions o f this act, shall, be a forfeiture of this 
charter.
Sec 19. This act shall take effect and be in force from and after 
its passage,
Approved October 8th, 1SG1.
A K  A C T
To incorporate the Denver, Bradford and Blue River lioadCompany.
Be it a)acted by the Council and House o f  Representatives o f Colorado 
Territory:
Section' 1. That R. B. Bradford, Daniel McClccry, Luther A. Cole, 
J. W . Melntire, A . McPJmdden, D. C. Vance, George D. Bayaud, 
and their legal associates and successors, are hereby constituted and 
declared a hotly politic and incorporate, under and by the name and 
style o f the Denver, Bradford and Blue River Road Company; and by 
that name may sue and he sued, plead and be impleaded, and shall 
have a common seal, which may bo altered at pleasure.
Sec. 2. The main line o f said road shall extend from the city of 
Denver, by the way of the village o f Bradford, the north fork of 
the Platte River and the village of Hamilton,.in the South Park, to 
the village of Breekcnridge, on the Blue- River, in the Middle 
Park; the branch line of said road shall extend'from the junction, 
ton miles from the village o f Bradford, on the main lino of said 
road, to Clear Creek, or Vasqucz Fork, near the village o f 
Golden City. ■
Sec. 3. It shall ho lawful for said Corporation to acquire and hold 
any real estate necessary for the use of toll keepers, on either lino 
o f  said road, and for no other purpose whatsoever, and to sell, dis­
pose o f and convey by deed, any real estate so used and occupied 
for the use o f toll keepers on said road, whenever they nil ail deem 
it for the interest o f said Corporation to do so.
See. 4. Said Corporation shall, have power to make, and after­
wards to alter and change, all needful rules and regulations, for the 
government and management o f said road; ami shall elect a Prcsi- , 
dent, Secretary and Treasurer, at such time and place as the said 
corporators, herein mentioned, may agree upon; and annually there­
after, to elect a President, Secretary and Treasurer, who shall be 
shareholders iu said Company: Provided however.,.That the said See-


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To protect the mining claims and property of Soldiers.

To incorporate the Blue River and Buffalo Flats Ditch Company.

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