Page:1862 Territory of Dakota Session Laws.pdf/606

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CHAP. XIX.]
RAILROADS.
23

said railroad, and shall have power and authority to regulate the time and manner in which persons, goods, and effects shall be transported on the same, and to prescribe the manner in which said railroad shall be used, and the rate of toll for the transportation of persons and property under their charge, and shall have power to provide all necessary stock and materials for the operation of said railroad, and shall have power to erect and maintain all necessary depots, stations, shops, and other buildings and machinery for the accommodation, management, and operation of said road, and said company shall have the exclusive right to keep and maintain a ferry across the Missouri river for the space of seven miles below and seven miles above said railroad crossing, during the continuance and life of this charter incorporating said railroad company.

Sect. 4. Said directors shall, as soon after the passage of this act as practicable, open books for the purpose of receiving subscriptions to the capital stock of said company, at such places along the line of said road and elsewhere as said directors shall determine, under the direction of such agents as said directors shall appoint, and said books shall be kept open, from time to time, until the amount of said capital stock shall be subscribed, or until said directors shall determine to close the same.

Sect. 5. Said company may at any time take voluntary Company may relinquishments for the right of way for said road, the necessary depots, water stations, wood yards, and out-buildings, and may receive, and are hereby authorized to receive any grant or grants of land which may hereafter be made by the congress of the United States to this territory, to encourage and aid in the building and equipment of this line of road, and such connections as may be provided by said territory or future state, and if the land through which the road shall pass belongs to a minor, in whole or in part, the guardian of such minor shall have power to convey to said company, on fair and equitable terms; but every such conveyance by a guardian shall be subject to the approval of the court having probate jurisdiction, in the county in which said lands are situated.

Sect. 6. If any owner of a tract of land through which said road may pass, refuse to relinquish the right of way for