Page:Acts, Resolutions and Memorials, Adopted by the First Legislative Assembly of the Territory of Arizona.djvu/39

Rh That said company is authorized and allowed the exclusive privilege and power to construct and build a toll-road from such point, at or near Fort Mojave, as they may deem most practicable, and pursuing the most direct and practicable route from said point to the town of Prescott, or the immediate vicinity thereof, in said Territory; to construct bridges and grade said road; to dig wells at practicable points, and keep and maintain facilities for furnishing water to men and animals passing over said road; and to do all other things necessary to complete said road, and make the same safe and passable at all times, and may maintain toll-gates at necessary points, and may receive and collect toll or passage Money in sums not exceeding the following rates, to wit:— For each wagon drawn by two horses, mules, or horned cattle, one cent and a half per mile; and for each additional animal, three-quarters of one cent per mile. For each carriage or cart, drawn by one horse, mule, or ox, three-quarters of one cent per mile. For each horse or other animal and rider, three-quarters of one cent per mile. For each pack-animal, one-half cent per mile. For all horned cattle, horses, mules, or other loose stock, in droves, one-half of one cent per mile each. For each sheep, goat, or hog, one-eighth of one cent per mile. Provided, that after the expiration of two years from and after the completion of said road, the Legislature of this Territory shall have the right to modify or change the above rates of toll.

That the company shall have the right of way over the public lands along the line of their road, and no person or persons or body corporate, shall build or maintain any toll-road at any point along the route of said road nearer than one mile to the same, on either side of the same; said company may occupy, purchase, and own such amounts of lands at different points on the line of said road, and at the termini of said road, as the legitimate business and purpose of maintaining said road shall require, not exceeding, in all, sixteen hundred acres; said company shall have the right of way over lands of private individuals, using therefor one track only, not more than fifty 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.

That said company shall, within ninety days from and after the passage of this act, expend, in the construction of this road, at least three thousand dollars, and shall construct and fully complete said road throughout, in a manner safe and passable for wagons with their usual freights, within ten months from and after the passage of this act, and before any tolls shall be collected by the said company for travel thereon.

No toll or charges shall be made by said company for travel on any part of said road, until said road shall have been examined by a commissioner to be appointed by the Governor of said Territory, who is hereby authorized to appoint a disinterested person for such purpose, on receipt of a petition from the company praying therefor, and who shall have reported in writing, to the Governor, what amount has been expended on said road by said company, and what improvements have been made thereon, and Rh