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Corporations to build wagon roads.

County Commissioners shall prescribe rates of toll.

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TO AMEND SECTION EIGHTY (86) of AN ACT ENTITLED “AN ACT To
PROVIDE FOR THE FORMATION OF CORPORATIONS,” APPROVED
MARCH 14th, 1877, THE SAME BEING SECTION THREE HUNDRED
AND FOUR OF THE GENERAL STATUTES OF COLORADO.

Be it enađed by the General Assembly of the State of
Colorado:

SECTION I. That section eighty, of an act entitled “An act to provide for the formation of corporations,” approved March 14th, 1877, the same being se&tion 304 of the General Statutes of Colorado, be, and the same is hereby amended, so as to read as follows, viz.: SEC. 80. When any three or more persons shall associate to form a company for the purpose of constructing a wagon road under the provisions of this ačt, 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 company shall have the right of way over the line named in the certificate, to erect toll gates, not to exceed one in every ten miles of road, and to collečt toll for such gate, either thereat, or by a traveling toll gatherer, at the rates prescribed by the county commissioners of the county in which said road is located, upon the application of such corporation; Provided, That whenever such corporation shall have constructed and completed one mile or more of roads by such corporation to be construćted, it shall be lawful for the county commissioners of the county in which the portion of the road so construćted shall lie, to prescribe the rates of toll to be charged and collected by such corporation upon each mile of that portion of the road so constructed, and, as other portions of the road to be construćted by such corporation shall be completed, the rates of toll shall be prescribed in manner aforesaid, and such corporations shall have power to colle&t tolls at the rates prescribed until such road be completed. When said road shall have been fully completed, the county commissioners of the county in which the same shall be located shall prescribe the rates of toll such corporation shall be entitled to charge and colle&t, and such rates of toll shall remain in force and be colleóted from persons traveling such road for two years, from the time of completing such road, and thereafter, at the expiration of every two years, the county commissioners in each county thröugh which said road passes may fix and regulate such rates of toll; Provided, however, That, if said toll or wagon road company, or any twenty-five citizens of the county, shall be dissatisfied with Twenty-five the rates of toll fixed by the county commissioners, or tri-.' " bunal transačting county business, said company, or the owners of said toll or wagon road, or said twenty-five citizens, may appeal to the county court for the county or counties, or either of them, in which said road shall be located, and the said court shall forthwith appoint three disinterested persons as a committee to view the premises, hear such testimony as may be offered, and prescribe the rates of toll to be charged and colle&ted on such road, for the two years next ensuing, and such committee, on oath, shall report the same to the county court aforesaid, at its first session thereafter, and, if their report shall be accepted by the court, the court shall render judgment thereon, and the rates of toll shall be such as reported and accepted by said court, and, in case any toll road company shall take an appeal from the decision of the county commissioners, the expense of such appeal shall be paid by the said toll road company; and Provided, further, That nothing in this ačt shall be so construed as to authorize any corporation, formed under the provisions of this ačt, to locate their road, railroad, ditch or flume, or any part thereof, upon any toll road previously existing, nor upon any public highway heretofore, and at the time of the organization of such corporation, used and traveled as such, except it may be necessary to cross such toll road, or public highway; all such rates of toll shall be conspicuously posted at every gate upon said road. Nothing in this ačt shall be so construed to prevent the ere&tion of a toll gate and check gate on each branch toll road of any toll road company in this State.

Approved April 10, 1885.

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TO AMEND SECTION TWO (2), OF CHAPTER TWENTY (20), OF THE
GENERAL LAWS, THE SAME BEING SECTION TWO (2), OF CHAP-
TER TWENTY (20), OF THE GENERAL STATUTES OF COLORADO,
ENTITLED “COSTS.”

Be it enacted by the General Assembly of the State of
Colorado:

SECTION I. That section two (2), of chapter twenty (2O), of the General Laws, the same being se&tion two (2), of chapter twenty (20), of the General Statutes of the State of Colorado, be, and the same is hereby, amended so as to i.o.o. read as follows, to wit: SEC 2. If any such action shall bond for costs, be commenced, without filing such instrument of writing, or if at any time after the commencement of any suit by a resident of this State, he shall become non-resident, or if, in any case, the court shall be satisfied that any plaintiff is unable to pay the costs of suit, or that he is so unsettled as to endanger the officers of the court with respect to their legal demands, it shall be the duty of the court, on motion of the defendant, or any officer of the court, to rule the plaintiff, on or before the day in such rule named, to give security for the payment of costs in such suit. If such plaintiff shall neglect, or refuse, on or before the day in such rule named, to file such instrument, as aforesaid, the court shall, on motion, dismiss the suit. In the case of a plaintiff who shall not be a resident of this State at the time of the commencement of such ačtion, the attorney of such last named plaintiff shall pay all costs in said action, upon any such dismissal thereof.

Approved March 28, 1885.

(s. B. 39.)

AN ACT

TO AMEND SECTION ONE HUNDRED AND TWENTY-SEVEN, OF AN
ACT ENTITLED, “AN ACT CONCERNING COUNTIES, COUNTY
OFFICERS AND COUNTY GOVERNMENT, AND REPEALING LAWS
ON THESE SUBJECTS.” APPROVED MARCH 24, 1877.

Be it enađed by the General Assembly of the State of
Colorado:

SECTION I. That section one hundred and twentyseven, of an act entitled, “An act concerning counties, county officers and county government, and repealing laws on these subjećts,” approved March 24th, 1877, be, and the same is hereby, amended so as to read as follows: SEC. 127. Every sheriff, county clerk, county, treasurer and o.o. clerks of the distrićt and county courts shall keep their at the county respective offices at the county seat of the county, and in “ the office provided by the county, if any such has been provided; or, if there be none provided, then at such place as the board of county commissioners shall direčt; and they shall each keep the same open during the usual business hours of each day, Sundays and legal holidays excepted; and all books and papers required to be in their offices shall be open to the examination of any person; Provided. No person except parties in interest, or their attor-ol. neys, shall have the right to examine pleadings or other oi" papers filed in any cause pending in any such court; and oa. any person or corporation engaged in making abstraćts or * abstraćt books, and their employés, shall have the right, during usual business hours, to inspect and make memoranda or copies of the contents of all such books and papers, for the purposes of their business; but any such officer may make reasonable and general regulations concerning the inspection of such books and papers by the public; and if any person or officer shall refuse or neglect to comply with the provisions of this section, he shall forfeit for each day he so refuses or neglects, the sum of five dollars, to be colleóted by civil action, in the name of the people of the State of Colorado, and paid into the school fund; Provided, That this shall not interfere with or take away any right of ačtion for damages by any person injured by such negleót or refusal.

Approved April 7, 1885.

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TO AMEND SECTIONS SIXTEEN AND SEVENTEEN, OF CHAPTER
TWENTY-TVO, OF THE GENERAL STATUTES OF THE STATE
OF COLORADO, AND TO ENACT OTHER PROVISIONS RELAT-

ING TO APPEALS FROM COUNTY COURTS TO DISTRICT
COURTS.

Be it enađed by the General Assembly of the State of
Colorado: ,

SECTION I. That se&tion sixteen, of chapter twentytwo, of the General Statutes of the State of Colorado, be, and the same is hereby, repealed, and the following shall Appeals to the stand in lieu thereof as section sixteen: SEC. 16. Appeals *** may be taken to the distrićt court of the same county, from all final judgments and decrees of the county court, except judgments by confession, by any person aggrieved by any such final judgment, or decree; Provided, That no appeal shall be taken from a judgment by default, or of non-suit, unless, within ten days after the rendition of such judgment, application shall have been made to the court, by the party aggrieved, to set the same aside, and such application shall have been refused.

When appeals SEC. 2. No appeal shall be allowed, in any case, unless *** the following requisites be complied with: First—The appeal must be made within ten days after the judgment [is] rendered, or when judgment is by default, or non-suit, within ten days after the refusal of the county court to set aside the default, or non-suit, and grant a new trial; Provided, however, That the county court may, at any time within the period above limited, upon good cause shown, extend the time for an appeal. Second—The appellant, or some person for him, together with one or more sufficient sureties, to be approved by the judge, or clerk, of said court, must, within the time above limited, or within such further reasonable time as shall be fixed by the court, enter into an undertaking, payable to the adverse party, as follows: In case the judgment be for the payment of money, and against the party appealing, the undertaking shall be in double the amount of the judgment, or decree, appealed from, conditioned for the prosecution of the appeal, with effect and without delay, and for the payment of all costs,

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