to contain.

road, railroad, ditch, telegraph or flume, or which may be affected by any operation connected with the construction or maintainance of the same, the said corporation may present to the district judge of the judicial district wherein such lands, Petitions, what real estate or claim shall be, a petition signed by the president, attorney or agent of the same, describing with convenient accuracy and certainty, by map or otherwise, the lands, real estate or claims so required to be taken or effected as aforesaid, setting forth the name and residence of each owner or other person interested therein as owner, lessee or encumbrancer, as far as known to such president, attorney or agent, or appearing of record, and praying the appointment of three appraisers to ascertain the compensation to be made to such owner and persons interested, for the taking or injuriously effecting such lands, real estate or claims as aforesaid; the said district judge shall have satisfactory evidence that notice of an intended application and the time and place thereof, for the appointment of appraisers between said corporation and the owners and persons interested in such lands, real estate and claims, has been given at least ten days previously, to such owners personally at their residence, or on the premises, or by publication thereof in a newspaper printed in the county in which such lands, real estates or claims shall lie, or if no newspaper is published in said county, then by posting three or more notices in some public places in said county, such publication to be allowed only in respect to owners or persons interested, who shall appear by affidavit to have no residence in the county, known to such president, attorney or agent, which notice shall be published at least thirty days prior to the time fixed for the application as aforesaid. The court or judge may adjourn the proceedings from time to time, shall direct any future notice thereof to be given that may seem proper, Appraisers to shall have proofs and allegations of all parties interested district judge. touching the regularity of the proceedings, and shall, by an entry in its minutes, appoint three disinterested appraisers as aforesaid, specifying in such entry a time and place for the first meeting of such appraisers. The said appraisers,

be appointed by

Duties praisers.

before entering upon the duties of their office, shall take an oath to faithfully and impartially discharge their duties as said appraisers, and any one of them may administer oaths to witnesses produced before them; they may issue subpoenas and compel witnesses to attend and testify, and may adjourn and hold meetings for that purpose, and shall give reasonable previous notice to such owners or parties Notice to owners interested. They shall hear the proofs and allegations of the parties, and any two of them, after reviewing the premises, shall, without fear, favor or partiality, ascertain and certify the compensation proper to be made to said owners or parties interested, for the lands, real estate or claims to be taken or effected, as well as all damages Amd.vit. accruing to the owners or parties interested, in consequence of the condemnation of the same, taken or injuriously affected as aforesaid, making such deduction or allowance for real benefits or advantages which such owners or parties interested may derive from the construction of said road, railroad, ditch, telegraph or flume. They, or a majority of majority of thics of apthem, shall make, subscribe and file with the register of deeds of the county in which such real estate or lands shall lie, a certificate of their said ascertainment and assessment, in which such lands, real estate or claims shall be described with convenient certainty and accuracy. The district judge, upon such certificate and due proof that such compensation and separate sums, if any be certified, have been paid to the parties entitled to the same, or have been deposited to the credit of such parties, in the county treasury, or other place for that purpose, approved by the court, shall make and cause to be entered in the minutes, a rule, describing such lands, real estate or claims in manner aforesaid, such ascertainment of compensation, with the mode of making it, and each payment or deposit of the compensation as aforesaid, a certified copy of which shall be recorded and indexed in the register of deeds' office of the proper county, in like manner and with like effect as if it were a deed of conveyance from the said owners and parties interested to the said corporation. Upon the entry of such rule, the said

Certificate.

Corporation to have possession.

Defective aSSESSment.

corporation shall become seized in fee, or shall have the exclusive right, title and possession of all such lands, real estate or claims described in said rule, as required to be taken as aforesaid, during the continuance of the corporation, and may take possession of and hold and use the same for the purposes of the said road, railroad, ditch, telegraph or flume, and shall thereupon be discharged from all claims for any damages by reason of any matter specified in such petition, certificate, or rule of said district judge. If at any time after an attempted or actual ascertainment of compensation under this article, or any purchase by or donation to said corporation, of lands or claims for purchases aforesaid, it shall appear that the title acquired thereby, to all or any part of such lands for the use of said corporation, or if said assessment shall fail or be deemed defective, the said corporation may proceed and perfect such title by procuring an ascertainment of the compensation proper to be made to any person who has title, claim or interest in, or lien upon such lands. and by making payment thereof in the manner hereinafter provided, as near as may be, and at any stage of such new proceedings, or of any proceeding under this act, the district judge may, by rule in that behalf made, authorize the said corporation, if Actions to be already in possession, and if not in possession, to take possession of and use said premises during the pendency and until the final conclusion of such proceedings, and may stay all actions and proceedings against such corporation, on account thereof; Provided, Such corporation shall pay a sufficient sum into court, or give approved security to pay the compensation in that behalf when ascertained, and in every case where possession shall be so authorized, it shall be lawful for the owners to conduct the proceedings to a conclusion, if the same shall be delayed by the company. The said appraisers shall receive five dollars per day, as compensation for each day actually employed, such compensation to be taxed and allowed by the district judge. any appraiser so appointed shall die, be unable or fail to serve, the court may appoint another in his place, on reason

ta yed.

Proviso.

Compensation.

If

able notice of the application, to be approved by the district judge.

Toll to be col. lected after one

SEC. 46. Whenever any corporation constituted or formed for the purpose of constructing a wagon road, according to the mile built. provisions of this article, shall have constructed one mile or more of the road by such corporation to be constructed, it shall be lawful for the county commissioners, or the tribunal transacting county business of the county in which the portion of road so constructed shall lie, to prescribe the rate of toll to be charged and collected by such corporation upon the portion of the road so constructed; and thereafter, and as other portions of the road to be constructed by such corporation shall be completed, such county commissioners or scribed by county tribunal transacting county business, shall prescribe rates of toll to be charged and collected upon other portions of the road so completed as aforesaid, and such corporation shall have power to erect toll gates, not exceeding one to every ten miles, and to collect tolls thereat, at the rates prescribed, as aforesaid, until such road be completed; Provided, Said Proviso. road shall be completed within two years after such rates shall have been prescribed.

Rates to be pre

commissioners.

unchanged for

SEC. 47. Whenever any corporate body, organized Rates to realn under this article, shall have fully completed the wagon two years. road to be by them constructed, and the county commissioners or tribunal transacting county business of the county in which the same shall be located, shall have prescribed the rates of toll to be charged and collected upon such road, such corporation shall be entitled to charge and collect toll at the rates so prescribed, for two years thence next ensuing; and at the expiration of the term of two years after such rate shall be prescribed, and biennially thereafter, during the existence of such corporation, the county commissioners or tribunal transacting county business, shall prescribe the rates of toll to be charged and collected on such road for the two years thence next ensuing.

SEC. 48. Whenever any wagon road, constructed by When roll« any corporation organized under this article, shall be located counties.

in two or more

Injunctions.

Injunction, when issued.

Suit in equity.

Proviso.

in two or more counties, it shall be lawful for the county commissioners or tribunal transacting county business of the several countics into or through which such road shall pass. to prescribe the rates of toll to be charged and collected by such corporation, on the portions or parts of such road lying within the limints of such counties, respectively.

SEC. 49. Upon a suit in equity being commenced by any creditor of a domestic corporation, or a foreign corporation doing business in this territory, against said corporation or any of the directors or officers or agents thereof, in any court of competent jurisdiction of this territory, said court or a judge thereof shall have power to restrain by injunction, such corporation, its directors or officers or agents from assuming or exercising any franchise, liberty or privilege, or transacting any business not allowed by the charter or act of incorporation, and in the same manner to restrain any individual from exercising any corporate rights, privileges or franchises not granted to them by law.

SEC. 50. Such injunction may be issued before the coming in of the answer, upon satisfactory proof that the defendants complained of, have usurped, exercised or claimed any franchise, privilege or liberty, or corporate right not granted to them, or have been guilty of wasting or appropriating to themselves the funds of such corporation committed to their charge, and after the coming in of the answer, such injunction may be continued until a decree final shall

be had.

SEC. 51. Whenever any creditor of a corporation shall seck to charge such corporation, the directors, trustees, or other superintending officers of such corporation, or the stockholders or agents thereof, on account of any liability credited by statute or common law, he may commence his suit in equity for that purpose in any court of this territory which shall possess jurisdiction, to enforce such liability; Provided, This act respecting the remedies herein authorized shall apply in all cases whatsoever to corporations, their directors, officers, trustees or agents heretofore doing busi