Page:1863-64 Territory of Dakota Session laws.djvu/160

 RAILROADS. 151

charge, and shall have power to provide all necessary stock and materials for the operation of said railroad, and shall have power to erect and maintain all necessary depots, stations, shops, and other buildings, and machinery for the accommodation, management and operation of said road.

Sec. 4. Said directors shall, as soon after the passage of this act as practicable, open books for the purpose of receiving subscriptions to the capital stock of said company, at such places along the line of said road and elsewhere, as said directors shall determine, under the direction of such agents as said directors shall appoint; and said books shall be kept open, from time to time, until the amount of said capital stock shall be subscribed, or until said directors shall determine to close the same.

Sec. 5. Said company may at any time, take voluntary relinquishments for the right of way for said road, the necessary depots, water stations, or yards and out buildings, and may receive, and are hereby ‘authorized to receive, any grant or grants of land which may hereafter be made by the Congress of the United States to this Territory, to encourage and aid in the building and equipment of this line of road, and such connections as may be provided by said Territory or future State; and if the land through which the read shall pass belongs to a minor, in whole ov in pert, the guardian of, such minor shall have power to convey to said company on fair and equitable terms; but every such.conveyance by the guardian shall be subject to the approval of the court having probate jurisdiction in the county in which said lands are situated.

Sec. 6. If any owner of a tract of land through which said road may pass, refuses to relinquish the right of way for said road to said company, or if the owner be an infant or person of unsound mind, or a non-resident of the Territory, the facts of the case shall be clearly stated in writing to the judge of the district court of the county in which said land is situated, either in vacation or term time, and the judge shall appoint three disinterested citizens of the county, as commissioners, to view such lands, who shall take into consideration the value of the lands and the advantages and disadvantages of the road to the game, and shall report, under oath, what damage shall be done to said land, or any improvements thereon, stating the amount

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