the 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; and said company shall have the right to take, occupy, use, and 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 may 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 road as they may deem available to cultivate and maintain ranches for the accommodation of travellers.
Sec. 4. That said company shall, within the period of two years from the passage of this act, make said road throughout safe and passable for wagons with their usual freight, to the satisfaction of a disinterested commissioner acquainted with the construction of roads, to be appointed by the Governor of this Territory, upon notice to him by said company that said road is completed and ready for examination; that said commissioner shall examine said road and make report in writing to the Governor what improvements said company have made on said road, and the costs of the same, and whether in his opinion said company have complied with the terms of this act; and if the Governor and said commissioner shall agree in opinion that said road is safe and passable, and that said company have in good faith complied with the terms of this act, he shall give to said company a certificate of the fact, and authorize said company to collect tolls upon said road as aforesaid, and shall lay before the next Legislative Assembly that shall convene thereafter, copies of all said papers; and if said company shall not construct and complete said road as required by this act, within the time prescribed as aforesaid, then it shall forfeit each and all the powers and privileges to it granted.
Sec. 5. That if any person shall neglect or refuse to pay the toll authorized by this act, for any animals or teams owned or driven by him, when demanded by any person authorized to receive the same, he shall be liable for the amount of toll and costs legally due from him, to be collected on complaint in the name of said company in any court of competent jurisdiction, and the animals owned by him or in his charge shall be liable to be taken to satisfy the judgment and execution for debt and costs thereon.
Sec. 6. That the capital stock of said company shall consist of one hundred thousand dollars, which may at any legal meeting be increased to two hundred thousand dollars, to be divided into shares of fifty dollars each, and each one of said shares shall be considered as personal property, and may be bought and sold, assigned or transferred, in the manner and in such places as the stockholders or a majority of them may prescribe in their rules and regulations.
Sec. 7. That the officers of the company shall consist of a president, secretary, treasurer, and three directors, who shall be stockholders of said company, and shall be elected by the stockholders of said company, or by a majority of them legally assembled, and shall hold their offices for one year from and after their election, and until their successors shall be duly elected and qualified; and such officers, or any or either of them, may be removed from office whenever a majority of stockholders present at any legal meeting called for that purpose shall determine that he or they have been guilty of mismanagement or fraud in the discharge of their duties.
