Page:Acts, Resolutions and Memorials, Adopted by the First Legislative Assembly of the Territory of Arizona.djvu/28

22 For each wagon drawn by two horses, mules, or horned cattle, four (4) cents per mile; For each additional span of horses, mules, or horned cattle, one cent and a half (1½) per mile; For each carriage or cart drawn by one horse, mule, or ox, three cents and one-half (3½) per mile; For each horse or other animal and rider, two cents and one-half (2½) per mile; For each pack animal, horse, mule, ass, or horned cattle, one cent and one half (1½) per mile; For every sheep, goat, or hog, one-quarter of one cent (¼) per mile; it being understood that no foot traveller shall pay toll; and that said company shall permit travellers with their animals to take from any wells dug by them on the line of said road, water sufficient for the use of said travellers and their animals, while passing over said road or making the usual and necessary stops thereon, without charge therefor: Provided that, after the expiration of ten years from and after the date of completion of said road, the Legislative Assembly of the Territory or State shall have the right to modify or change the rates of toll.

That said company shall have the right of way over lands of private individuals, using therefor one track only fifty (50) feet wide; and if the compensation or damages to be paid therefor cannot be settled by agreement of the parties, the same shall be determined by the judge of probate of the county in which the land lies, upon complaint to him, setting forth the facts; and said company shall have the right to take, occupy, use, and improve, or in any legal way acquire title to not more than one hundred and sixty (160) acres of public lands at each station, unless a greater amount may be granted them by the Congress of the United States, to be selected by them in such quantities and at such points on the line of said road as they may deem available to enable said company to dig wells and to cultivate and maintain ranches for the accommodation of travellers: Provided, that the number of stations on said road shall not exceed twenty.

That said company shall, within the period of three (3) years from the passage of this act, dig and maintain not less than four (4) wells of water, providing facilities for using the same at convenient intervals between La Paz and Date Creek, and shall make said road throughout safe and passable for wagons with their usual freights to the satisfaction of a disinterested commissioner acquainted with the construction of roads, to be appointed by the governor of this Territory, within said time, upon notice to him by said company, that said road is completed and ready for examination; that said commissioner shall examine said road and make report in writing to the governor what improvements said company have made on said road, and the cost of the same, and whether in his opinion said company have complied with the terms of this act; and if the governor and said commissioner shall agree in opinion that said road is safe and passable, and that said company have in good faith complied with the terms of this act, he shall give to said company a certificate of the fact, and authorize said company to collect tolls upon said road as aforesaid; and shall lay before the next Legislative Assembly that shall convene thereafter, copies of all said papers; and if said company shall not construct and complete said road and dig said wells as required by this act within the time prescribed as aforesaid, then it shall forfeit each and all the powers and privileges to it granted.