Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-01-27

To Grant the Right OF Way for n
Street. Railroad Between Tive
Points In the Town OF Eureka
county Of Eureka. and TO Protect
the same.
The following bill was introduced in the
Assembly on the 21st instant by Mr..
Adams, Of Eureka
Section |. There is granted. by this
Act, to W o. Mills. Jr., E. j. Butler and
Thomas Weshered. and their associates
and assignees and their successors in inter-
est therein. the right Of way for the sur
vey, location. construction and mainten-
ance Of 3 street railroad, TO be operated
wholly by horse power, from. and COM
meneing 81, or near the Richmond fur
naess; in thet tow Of Eureka in the Coun-
" OF Eureka, and running thence down
Main street to the depot Of the Eureka
and Palisade Railroad Company. in said
town; provided. that said right of way
shall not exceed twelve feet in width along
the line Of said road.
Sec q The right to ~excavate for the
purpose Of said road, to throw up embank-
ments necessary for such road. and to cut
and use stone and earth along the line of
s6t4 AO44 AZ Att1i st41A% bLr1CbJr - LCIr-
by granted to the said W. o. Mills, Jr., Z.
J. Butler and Thomas wethered. and their
associates and assignees and successors in
interest in said road; md they shall com
mence the construction Of the same with
in six (6j months from the passage OF this
Act. and they shall complete and operate
the same within two years from the expira
ton Of the above named six 90 months.
Sec. 8. The sad W. o. Mills, Jr.. E J..
Butler and Thomas WetheFed. and their
associates and a~sigBees and sucepssors in
interest. may construct said road across
any public or private road, highway, street
or property; provided. that nothing in this
Act shall be construed so Is to allow said
road to obstruct or interfere with the free
use Of any railroad, road, highway or
street. or TO cross the enclosed or other
land OF any person or persons, without
having first paid a just compensation
therefor; and provided further. that no
team, wagon. buggy or carriage shall OBJ
struet the cars which may run along said
railroad At any tlnse or place, but shall
turn ont and give the way to such cars.
Sec 4. II any person shall wiIlfully OBJ
struet, destroy or IN any wzy injure said
road. or anything b+longing thereto, or any
materials to be used in the construction
therstf, or any building. fixture or car
erected or constructed for the use Of said
road. such person shall be deemed guilty
OF = misdemeanor, and shall b. punished
by . hne of not less than City dollars and
Not more than two hundred dollars. and
shall be subject to imprisonment Of n
day for every two dollars Of such fine. TO
be assessed By the Court before which such
person shall be found guilty.
Sec 5. Said Rad and iss a-ppurfenances
shall be subject to the same rates Of taxa
ton ~ any other property ia the State.
e 6. II the said W. o. Mill. Jr..
]. Butler and Thomas Werhered, and their
associates and as~ignees and SUCCESSORS In
interest, be unable to agree respecting the
purchase Of any land over which said road
shall pas. and belonging to any private
person or corporation. or il the owner or
owners Of such land shall refuse to sell
the right Of way across the same at such
valuation as the parties in interest in said
road shall claim reasonable and JUST, the
said parties in interest in said read shall
select one appraiser and said owner or
owners shall select one; provided. that if
the said owner or owners Of such property
shall fail or refuse ON request to appoint
or selsef An appraiser. a. provided fsr in
this section. il shall be the duty Of the
District Judge oa petition therefor, st
chambers or otherwise. in said coanty. to
appoint such appraiser. and the two ap-
prisers so selected or appointed shall select
. third. and the three appraisers thus Sc
leeted shall proceed without delay to ap-
praise the real estate or property sought
IN be appropriated as 4 way for said rad.
After having been first sworn before some
o1acer authorized to administer oaths, 10
make q true appraisement Of The damage
OF a right Of way across said property :
within i've days after the report Of said
appraisers shall be made, notice thereof
shall be given to both the parties, viz: To
the owner or owners of such land aud to
the parties ia interest in said road. and
upon the parties last named paving to such
or wner the sum found as a lust
compensation therefor By said appraisers,