CHAP. LII.-An Act to incorporate "The Virginia, [Approved November 29, 1861.] Be it enacted, by the Governor and Legislative Assembly of the Corporators. Style of SECTION 1. That J. H. Todman, R. R. Moss, C. W. Newman, Wm. Arrington, Hiram Bacon, Joseph Trench, John A. Hobart, Frank Drake, Wm. Hayes, Wm. Gregory, J. P. Foulks, and associates and assigns, are hereby created a body corporate, by and under the name of "The Virginia, Carson, and corporation. Truckee Railroad Company," and that they shall have the right to lay out, construct, maintain, and operate, a single or double track railroad in this territory, beginning at, or near, the town of Gold Hill, and to run thence, by the most prac- Franchise. ticable route, to or near a point between the New York House and Half Way House, on the Virginia City and Carson City road, with the right and privilege of building a branch railroad from said point, along the most practicable route, near the Carson River, to, or near, Chinatown, or Dayton; thence, from said point, between said New York House and Half Way House, by the most practicable route, to or near Carson City; thence, northwardly, through or near the intervening valleys, etc., to the Truckee River, at such point, on or near said river, as may be selected by said company. Such corporation, or company, shall also have the right of extending their said road west, and up the said Truckee River, to the boundary line between this territory and the state of California; also, shall have the right to extend their said road from Gold Hill to Virginia City; also, shall have the right to extend the before mentioned branch of their road from Chinatown, or Dayton, down the said Carson River, a distance of ten miles. franchise. Powers of. SEC. 2. The persons herein before named, and hereby incorporated as aforesaid, and such corporation, shall have the Term of right and privilege aforesaid of operating and maintaining the said railroad for twenty-five years, and also the right of succession, by and under said corporate name, for and during that period. They are also hereby made capable, in law, by and under their said name of "The Virginia, Carson, and Truckee Railroad Company," of purchasing, holding, and conveying lands, tenements, and hereditaments, to the extent required by the necessities of their said railroad, and are empowered to grant, lease, or in any-wise dispose of the same; to contract and be contracted with, to sue and be sued in any court of this territory, and to make and use a common seal, and alter the same at pleasure. SEC. 3. And said corporation shall have further power, stock and to wit: First. To fix, and name, and establish, the amount of shares. Officers. By-laws. Survey and selection of route. and convey property. their capital stock, and the number and value of the shares thereof, and to alter the same. Second. To appoint such directors, trustees, and other officers and agents, as the business of said corporation shall require; to define their duties and liabil ities, and to allow them suitable compensation. Third. To make by-laws and orders, not inconsistent or in conflict with the laws of this territory, for the management of its property, the government and regulation of its affairs, and the transfer of its stock; and such by-laws and orders, when so made, shall be binding upon the members of said company. SEC. 4. Said persons herein before named, or said corporation, shall cause such examination and surveys of said railroad to be made, as may be necessary for the selection of the most practicable and advantageous route for the same, as designated in the first section of this act, and may adopt such route as shall be found by them to be most practicable and eligible for that purpose; and by their officers, employés, and agents, are empowered to enter upon the land or waters of the public domain, or of any private person, in carrying out the provisions of this act, under the provisions and restrictions hereinafter named. SEC. 5. Said corporation is also hereby empowered to reTo receive ceive, hold, take and convey, by deed or otherwise, the same as a natural person might or could do, such voluntary grants and donations of real estate, and other property of every description, as shall be made to them, to aid and encourage the construction, operation, and maintenance of their said road; also, to purchase lands, to purchase timber, stone, gravel and other material to be used in the construction of its road, depots, To intersect, shops, and other buildings necessary; also, to cross, intersect, join, and unite its railroad with any other railroad, either before or after constructed, at any point upon its route, and upon the grounds of such other railroad company, with the neces sary turnouts, sidings, switches, and other conveniences, in furtherance of the objects of such connections; also, to construct their said railroad along, or upon, any stream of water, street, road, avenue, or highway, or across any railway, canal, ditch, or flume, which the route of the same shall intersect, cross, or run along, in such manner as to afford security to life and property. Transport'n SEC. 6. Said corporation is further empowered to take, transport, and carry persons and property, or freight, on their and property said railroad, by the force and power of steam, of animals, or other power, or by any combination of the same; also, to collect and receive tolls and compensation therefor; also, regulate the time and manner. in which passengers and property shall be transported over or upon their said road, and the tolls and compensation to be paid therefor, and to make ali needful and proper rules and regulations for the management of their business, the working of their road, and the regulation and speed Speed. Trains and of the locomotives, trains, and other machinery connected with the same. Said corporation shall start and run their cars for the transportation of passengers and property at regular times, accommodato be fixed by public notice, and shall furnish sufficient accom- tion. modations for the transportation of all passengers and property as shall, within a reasonable time previous thereto, offer or be offered for transportation at the place of starting, and at the junctions of other railroads, and at stopping-places established for receiving and discharging way passengers and freight, and shall take, transport, and discharge such passengers and property at, from and to such places, on the due payment of freight and fare established and authorized by said company, or directors thereof; and if any passenger shall refuse to pay his fare, it shall be lawful for the conductor of the train, and the employés of the corporation, to put him out of the cars at any stopping-place the conductor shall select. Refusal to pay fare. To enter on SEC. 7. The persons herein before mentioned, or said cor- Extent of poration, shall have the right of way, two hundred (200) feet grant. in width, upon or over any lands in this territory, upon which to survey, and build, and lay down their said railroad; also, shall have sufficient space, or room, upon such lands, for turnouts, sites for buildings, conduits, and tanks; also, sites for machine and other shops, depots, and store-houses, and such lateral tracks as may be required for the same. And the said company shall have the right to enter upon all such lands, and to lands take and hold the same, whenever it may become necessary for them so to do; also, to enter upon any land adjoining said railroad, or near the same, and obtain therefrom sand, gravel, stone, timber, and other materials, such as may be necessary for the construction of said road. Whenever the same, or any lands, or water, may be required by said company, for their use, in the construction, as aforesaid, of their said road, and the same shall belong to individuals, or companies, and shall not be donated, or granted, to said company, the compensation to be paid therefor shall be determined as follows: Said com- Appraisem't pany shall apply to one of the district judges of this territory, by comm'rs. for the appointment of three commissioners, whose duty it shall be, as soon as practicable after they shall have been appointed, to proceed to assess the damages which may be sustained by the several owners of the land through which the road of said company is located; and said commissioners, in assessing such damages, shall deduct therefrom the benefit, or value, which said land may receive in consequence of the construction of said railroad through or near the same. The said company shall give thirty days' notice of their application Notice of. for the appraisement by said commissioners, in one or more newspapers, published in each of the counties through which said road may run; and when no newspaper is published in any one of said counties, then the said notice shall be posted, the same length of time, in three public places in the said of damages To be published. Appeal. county. And the said commissioners shall cause ten (10) days' notice to be given of their meeting, to make such appraisement of damages sustained by persons through whose lands such road shall pass, by publication or otherwise, to the owner or owners thereof. And if said owner or owners of the same, shall be a minor or insane person, such notice shall be given to their guardian or guardians. Either party feeling aggrieved by the decision of said commissioners, may appeal to the district court of the district in which said land may be situated. And said appeal shall be tried in the same manner as if commenced therein; provided, said company shall not in any way Construction or manner be delayed in the construction of said road, by such appeal, but may proceed, without detention or delay, with such construction, upon paying into the office of the clerk of said court, the amount of money awarded to the owner or owners of said land, and filing a bond with the said clerk, to said owner or owners, binding said company to pay such sum of money as may be finally awarded against them the said not to be delayed. May borrow money. Injury to road. Penalty. of road. company. SEC. 8. Said company, or corporation, is hereby authorized to borrow money whenever it become necessary so to do, may in order to construct, complete, or operate the said road, and may dispose of its bonds for that purpose; also, to mortgage its corporate property, to secure the payment of debts and liabilities contracted by said company, for the purpose aforesaid. The stock of the said company shall be deemed and held to be personal property, and may be transferable, as shall be subscribed [prescribed] by the by-laws of the company. SEC. 9. If any person shall, willfully and maliciously, obstruct, or injure, the said railroad of said company, or anything belonging thereto, or any of the property, of any description, belonging to said company, and appertaining to said road, such person shall be deemed guilty of a misdemeanor, and shall be punished accordingly; and for every such offense, shall also be liable to said company for double the amount of damage it shall suffer thereby; the same to be recovered by said company by civil action in any court having jurisdiction thereof. SEC. 10. The said company shall complete the building Completion and laying down of said road, from the initial point of the same to Carson City, and, also, the branch of said road to Chinatown, or Dayton, and place the same in good working condition, within two years and six months from the passage of this act; said company shall, also, complete the building and laying down of said road from Carson City to the Truckee River, within two years from and after the expiration of said two years and six months; and in failing so to do, this act shall be null and void. No other railroad shall be hereafter constructed, built or laid down, under authority from the legislature of this territory, or otherwise, to run between any of the points of the route hereby granted and named in the first section of this act, Exclusive right. for and during the period of the duration of the charter of the said company or corporation named in the second section of this act; provided, the said company or corporation shall organ- Proviso. ize, complete its surveys, and also three miles of their said road, placing the same in good working condition, within eighteen months from the passage of this act, and also fully comply with the other requirements of this section. How SEC. 11. This act is hereby declared to be a public act, and shall be favorably construed in all the courts of this territory, construed. and may be hereafter amended in any manner not impairing the vested rights of said company. CHAP. LIII.—An Act to provide for the Appointment of Notaries Public. [Approved November 29, 1861.] Be it enacted, by the Governor and Legislative Assembly of the SECTION 1. There shall be as many notaries public appoint- How ed by the governor, for the several counties, as he shall deem appointed. expedient, and they shall be severally commissioned and entered thereon, according to law. SEC. 2. Notaries public are hereby authorized, within their respective counties, to act, transact, do and finish all matters and things relating to protests, and protesting bills of exchange, and promissory notes, and all other matters within their office required by law, to take depositions as prescribed by law, and acknowledgments of deeds and other instruments, and to administer oaths. Powers of. Death, or SEC. 3. On the death, resignation, or removal from office of any notary public, his records, together with all his official resignation. papers, shall be deposited in the office of the clerk of the district court for the county in which the said notary public resided. deposited. SEC. 4. If any notary public, on his resignation or removal Papers and from office, shall, for the space of three months, neglect to de- records, to be posit his records and official papers in the clerk's office, he shall forfeit a sum not exceeding five hundred dollars. SEC. 5. Every notary public, before he enters upon the du- official seal. ties of his office, shall provide an official seal, and deposit an impression of the same, together with his official oath and bond, in the office of the secretary of the territory. |