and mate bridge, or ferry. Whenever the same or any lands, or timber, Condemnaor other material of whatever kind or nature, may be required tion of lands by said William Stuart, his associates or assigns, for their use rial. in the construction of said road, bridge, or ferry, and shall belong to individuals, and shall not be donated or granted to the said company or assigns, the compensation therefor shall be determined as follows: The said William Stuart, and associates or assigns, shall apply to the Probate Judge of the county in which such lands or materials are situated for the appointment of three Appraisers, whose duty it shall be, as soon as practicable after their appointment and qualification, to proceed to view, appraise, and assess the damages which may be sustained by the several owners of lands through which said road of said company is located; and said Appraisers, in assessing such damages, shall deduct therefrom the benefit or value that said land owner or owners may derive by the construction of said toll road through or near the same. pay toll. SEC. 4. Any person or persons who, upon demand being made Penalty for for toll, as provided in this Act, at any toll gate on said road, refusing to by the said parties or their Agent or Agents, refuse to pay the same as herein authorized, or who shall pass or attempt to pass said toll gate or gates without paying toll, as aforesaid, shall, upon complaint and conviction before a Court of competent jurisdiction, be fined in any sum not less than ten dollars nor more than one hundred dollars for each offence, with costs, and stand committed until such fine and costs are paid. SEC. 5. Any person or persons who shall in any way wan- Penalty for tonly or maliciously destroy or injure any bridge or gate on the injuring road line of said road, or in such manner injure said road, upon complaint and conviction before a Court of competent jurisdiction, shall be fined in any sum not less than twenty-five dollars nor more than five hundred dollars, with costs of suit, and stand committed until the same be paid, or be punished by imprisonment in the County Jail for a period not exceeding six months, in the discretion of the Court. All fines collected under the provisions of this Act shall be paid into the proper county for county purposes. purchase SEG. 6. The Board of County Commissioners of Lyon, Doug- County may las, and Esmeralda Counties, through which this road passes, pard shall have power, five years after the completion of said road, to purchase the same at its cash value, to be determined by seven Appraisers, one to be appointed by each Board of County Commissioners through which the road passes, three by the road company, and one by the six so appointed; provided, that such purchase shall be made by the joint concurrence or action of the Commissioners of all the counties through which the road passes. SEC. 7. This Act shall take effect immediately after its passage. Franchise. Conditions. Rates for water. Further conditions. Same. Town may purchase works. CHAP. XLVII-An Act to supply the Town of Silver City, in the [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. That Robert C. Buhan, his heirs and assigns, shall have the right for the term of twenty years, and the same is hereby granted unto the said Robert C. Buhan, his heirs and assigns, to lay distributing water pipes in any of the public streets or alleys of the Town of Silver City; provided, said pipes shall be so laid down as not to interfere or obstruct the public thoroughfares of said town. SEC. 2. Said streets or ways in which pipes may be laid, shall be placed by the said R. C. Buhan, his heirs or assigns, in the same good order and condition as they were before said pipes were laid down, at the proper expense and charge of the said grantees in this Act. SEC. 3. The rate, price, or sum of money to be charged for the use of water furnished to parties in said town by the said R. C. Buhan, his heirs or assigns, shall be whatever sums of money which may be agreed to be paid by contract per week or per month, by and between the grantees in this Act named and the parties using the same; and the said R. C. Buhan, his heirs and assigns, shall have the right to receive and collect, for the use of water supplied to any person or persons whatsover, all sum or sums of money which said persons shall contract to pay the said R. C. Buhan, his heirs and assigns, per week or per month, as aforesaid, and in default of the payment of the same according to the condition or conditions of such contract or contracts, he, the said R. C. Buhan, or his heirs or assigns, shall have the right, and they are hereby authorized to sue for and collect the same in any Court of competent jurisdiction, the same as any species of debt are collected. SEC. 4. It shall be the duty of the said grantees to commence the said work within one month from the passage of this Act, and complete the same in one year. SEC. 5. The Town of Silver City-for fire purposes-the fire companies, and Fire Department, shall be furnished water in cases of fire free of charge. SEC. 6. The Town of Silver City shall have the right, at any time after the expiration of ten years from the passage of this Act, on giving six months notice of their intention so to do, to purchase all the works and franchises hereby granted to the said grantees which may be in use for supplying water to the people of said town, the true value to be determined by two Commissioners selected by the said R. C. Buhan, his heirs or assigns, two by the Town of Silver City, and one selected by the four Commissioners aforesaid. SEC. 7. This Act shall take effect from and after its passage. CHAP. XLVIII.-An Act to create the Aurora City Gas Company. [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Terri tory of Nevada, as follows: SECTION 1. F. K. Bechtel, D. C. Crooker, John S. Mayhugh, Corporators. and their successors and associates, are hereby created and constituted a corporation to be known and designated as the Aurora City Gas Company. SEC. 2. The said Aurora City Gas Company shall, for and Franchise. during the period of twenty years next ensuing the approval of this Act, have and possess the exclusive privilege of supplying the Town of Aurora, in the Territory of Nevada, and the inhabitants, residents, and people of said place, with illuminating gas. SEC. 3. The said company shall have authority to erect within Erection of the town limits of Aurora City, the necessary buildings, works, works, etc. and machinery, for the manufacture or production of illuminating gas, to make the necessary excavations in the public streets of said town for the purpose of laying gas pipes therein, and to re-open the same excavations for replacement or repair of said pipes; provided, that the streets of said city shall not be obstructed to an unnecessary degree, or for an unnecessary period of time, while said pipes are being laid. SEC. 4. The said Aurora City Gas Company shall, within ten Organization months from and after the approval of this Act, proceed to organize [themselves] under the general Act of incorporation, if any such Act should become a law and be then in force in Nevada Territory, and shall then be liable for all the duties and obligations, and subject to all the penalties in such general Act of incorporation contained and expressed. works. SEC. 5. The said company shall, within the period of eighteen Time for months from and after the approval of this Act, commence the completing construction of the works necessary for the manufacture or production of illuminating gas, and shall, within the period of three years from and after the approval of this Act, complete the same. SEC. 6. After the said gas works shall have gone into opera- Lights furtion, the said company shall furnish the Town of Aurora, free nished town. of charge, the first year, five lights; the second year, ten lights; and thereafter, fifteen lights; and which said lights shall be furnished at such places as may be directed by the authorities or people of said town, the lamps, burners, and lamp posts, to be furnished by the proper authorities. SEC. 7. This Act shall take effect from and after its passage. Claim allowed. Warrant to be drawn. CHAP. XLIX.-An Act to audit the Claim of Wellington Stewart, and to provide for the payment of the same. [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. That the claim of Wellington Stewart, amounting to the sum of six hundred and ninety-three dollars and fifty cents, ($693 50,) for rent of Court House, services as Selectman, and services as Justice of the Peace, in Carson County, be and the same is hereby audited and allowed as indebtedness against the Territory. SEC. 2. The Territorial Auditor is hereby directed to draw his warrant upon the Territorial Treasurer of said Territory, in favor of Wellington Stewart, for the payment of the same, and the said warrant, when so drawn and issued as aforesaid, shall be considered payment in full of the said claim against the County of Carson and the Territory of Nevada. Time extended. CHAP. L.-An Act to amend an Act entitled an Act granting to certain persons the right to construct a Railroad from the Western to the Eastern Boundary of the Territory of Nevada, approved November twenty-fifth, eighteen hundred and sixty-one. [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. That the time limited in said Act to locate, stake, and survey the western portion of the railroad provided for in said Act, and to file the plat of such location and survey, as provided for in the third section of said Act, be and the same is hereby extended for the period of one year from the passage of this Act, and all the rights, grants, and privileges therein granted, are hereby confirmed and continued to the parties named in said Act, their associates, successors, and assigns. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. LI. An Act authorizing William Hill Naileigh, Earnest Hauff, William K. Parkinson, and associates, to establish and maintain a Toll Road. [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. William Hill Naileigh, Earnest Hauff, William K. Franchise. Parkinson, their associates and assigns, are hereby granted the right and privilege of establishing and maintaining a toll road, for a period of ten years, at a point beginning at G. W. Lathrop's ranch, in Roop County, and running in an easterly direction to High Rock Springs, in said County of Roop; and also beginning at a point about three miles southeast from Bird's ranch, located at the south end of Honey Lake, in said county, upon the Long Valley road; thence running in a northeasterly direction to High Rock Springs aforesaid; there connecting with the aforesaid branch from Lathrop's ranch; thence in a northeasterly direction to some available point between the mouth of Smoke Creek, in Roop County, and the Hot Springs, lying east of Granite Creek, in Humboldt County; provided, that in two years from the date of the passage of this Act the said parties and their associates shall have said road open for public travel, from the beginning to the termination thereof, otherwise the right to construct and maintain the same shall be forfeited, and this Act become null and void. SEC. 2. The said parties, their Agent or Agents, shall have County to the right to charge and collect only such rates of toll on said regulate toll. road as may be prescribed by the Board of County Commission ers of Humboldt County. be made. SEC. 3. The said parties may also establish and maintain toll Toll gates. gates at one or more points on said road, and collect tolls thereat; provided, the aggregate tolls so collected shall not exceed the rates as designated in section two of this Act; and said com- Report of pany shall keep a correct account of all moneys received, and receipts to make quarterly statements, on oath, of said amount, to the County Assessor of Roop County, accompanied by the receipt of the County Treasurer, and pay two per cent thereof into the Territorial Treasury, for school purposes, which shall be subject to the order of the Territorial Superintendent of Public Instruction. And if [it] be proven before any Court of competent jurisdiction, that said company has wilfully misrepresented or kept a false account of the receipts of said company, then this charter shall be null and void. The Directors of said road shall be required to make affidavit to the gross receipts of the company once every three months, and transmit the same forthwith to the Territorial Treasurer; provided, further, that on payment of said two per cent into the Territorial Treasury, the said company shall be exempt from further taxation, either for county or Territorial purposes. SEC. 4. Any person or persons who, upon demand being Penalty for made for toll, as provided in this Act, at any toll gate or gates refusing to on said road, by the said parties, their Agent or Agents, refuses pay toll. |