Page:Acts, Resolutions and Memorials, Adopted by the First Legislative Assembly of the Territory of Arizona.djvu/33

Rh That said company shall have at all times the free and uninterrupted use of their roadway, and if any person or persons shall wilfully and unnecessarily obstruct or impede the passage on or over said railroad, or any part thereof, or shall injure or destroy the cars, depots, stations, wells, culverts, tanks, or any property belonging to said railroad company, the person or persons so offending shall forfeit and pay for every such offence the sum of fifty dollars to said company, and shall remain liable, in addition to said penalty, for any loss or damage occasioned by his, her, or their act as aforesaid, and suit may be brought therefor in any court of competent jurisdiction, at any time within ninety days after such liability shall accrue.

That the meeting to organize said company under this act shall be held at Castle Dome, on or before the second Monday of March, A. D. 1865, and a majority of the incorporators named herein present, or represented by attorney or proxy, shall constitute a quorum to do any business necessary to organize the corporation.

Said company shall, after the first meeting of the incorporators, and the organization of the corporation, keep and maintain an office at some point at or near the said road, within this Territory, for the transaction of the business of said company.

The said company shall complete said road, provide stock and machinery for the operation of the same, within the period of five years from the passage of this act; and if said road shall not be constructed and put in operation within the time specified in this section, then this act shall be null and of no force and effect. This act shall take effect and be in force from and after its passage. November 3, 1864.

Be it enacted by the Legislative Assembly of the Territory of Arizona:—

That W. M. B. Hartley, M. O. Davidson, S. F. Butterworth, Juan A. Robinson, Norman S. Higgins, Mark Aldrich, John G. Capron, D. H. Stickney, and W. Claude Jones, and their associates, are hereby constituted and formed into a body politic and corporate, with the name and title of the Tucson, Poso Verde, and Libertad Road Company, and by that name and style shall have perpetual succession, sue and be sued, plead and be impleaded, to have and to keep a common seal, acquire, enjoy and transfer either real estate or personal property, and may make or draft all rules and regulations necessary to carry into effect the objects of this incorporation, not inconsistent with or repugnant to the laws of the United States or the laws of this Territory.

Said company is authorized and allowed the exclusive privilege and power to construct and build a toll-road from the town of Tucson to