the nearest and most convenient point in the direction of the port of Libertad on the Sonora line, and also a branch toll-road from Tucson, Cababi, and Fresnal, to intersect the line of said main road at a point most desirable; and also from the San Antonio, Mowry Silver Mine, and the Esperanza Mine, viâ Tubac, to Sopori on the line of said main road; to construct bridges and grade said road, if they think proper, and to dig wells at practicable points, and to keep and maintain facilities for furnishing water to men and animals passing on said roads, and to do all other things necessary to complete said roads 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, four cents per mile. For each additional span of horses or horned cattle, one cent per mile. For each carriage or cart 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, or horned cattle, one and one-half cents per mile. For every goat, sheep, hog, or loose stock in droves, one-quarter of a cent per mile; it being understood that no foot traveller shall pay toll, and that said company shall permit travellers to take water from any wells dug by them on the line of said road, sufficient for the use of said travellers and their animals while passing over said road or making the usual necessary stops thereon, without charge therefor. The above rates of toll shall only be collected over such roads as the company shall find it necessary to construct; and when wells are dug on the old portions of said roads, and which it shall not be necessary for the company to construct anew, they shall have the right to collect three cents per head for the use of all animals using the same on said roads.
Sec. 3. That said company shall have the right of way over lands of private individuals, using one track only fifty feet wide, and if the compensation and 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 of Pima upon complaint therein setting forth the facts; and said company shall have the right to take, occupy, use, improve, or in any legal way acquire title to not more than one hundred and sixty acres of public land at each station, unless a greater amount be granted them by the Congress of the United States, to be selected by them in such quantities and at such points on the line of said roads as they may deem advisable to enable said company to dig wells and to cultivate and maintain ranches for the accommodation of travellers: Provided, that the number of stations shall not exceed twenty-five for each of said roads.
Sec. 4. That said company shall, within the period of three years from the passage of this act, dig and maintain not less than three wells on each of said roads, as follows: One on the Cababi branch, between Tucson and the Ojo de Coyote; one between the Ojo de Coyote and Fresnal; and one between Fresnal and the Poso Verde, near the Sonora line; and one on the Tucson branch, near the Sahuarita and Canoa; and one between Sopori and Cerro Colorado; and they shall provide facilities for using the same, with all necessary means for the convenience of travellers, and shall make said roads safe throughout and passable for wagons to the satisfaction of a disinterested commissioner acquainted with the construction of roads, to be appointed by the governor of this Territory, within said county of Pima, upon notice to him by said company that said roads are completed and ready for examination.
