Page:Acts, Resolutions and Memorials, Adopted by the First Legislative Assembly of the Territory of Arizona.djvu/64

58 to complete said road, and make the same safe and passable at all times; and may construct and maintain one or more toll-gates; 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, five cents per mile; For each additional span of horses, mules, or horned cattle, two cents per mile; For each carriage, cart, or vehicle, drawn by one horse, mule, or ox, three cents per mile; For each horse, or other animal and rider, two cents per mile; For each pack animal, horse, mule, or ass, two cents per mile; For every goat, sheep, or hog, one-fourth of one cent per mile; for other loose stock, one-half of one cent per mile.

That said 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 ten miles to the same, or either side of the same; said company may purchase, lease, or own such amount of land at different points on the line of said road as the legitimate business and purposes of maintaining the said road shall require, not exceeding in all two thousand acres; said company shall have the right of way over land of private individuals, using therefor one track 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 six months from and after the passage of this act, expend in the survey, location, and construction of this road, at least one thousand dollars; and shall construct and fully complete said road throughout in a manner safe and passable for wagons with their usual freights, within three years from and after the passage of this act.

No toll or charges shall be made by said company for travel on said road, until said road, or section thereof of not less than one-fourth of the whole distance, 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 a 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 whether said company has complied in all respects with the provisions of this act; and the governor, if he agrees in opinion with said commissioner that said company has in all respects complied with the provisions of this act, shall have made a certificate of the fact to said company authorizing them to collect tolls thereon; and the governor shall communicate all said papers to the Legislative Assembly at its next session thereafter.

The privileges conceded to said company, as heretofore set forth and qualified, are, and shall be, and continue for the term of thirty years from and after the passage of this act; and at the expiration of said term, said road shall be relinquished by said company in good order, to the Territory