such court or judge may hear evidence touching the matter, and if satisfied that all debts and liabilities of such corporation have been paid, and that the requisite vote in favor of dissolution has been duly given, such court or judge shall enter an order declaring the corporation dissolved.

SEC. 15. Upon the dissolution of any corporation, the Settling affairs. directors at the time of dissolution shall be directors and agents of the creditors and stockholders of the corporation dissolved, and shall have full power to sue for and recover the debts and property of the corporation, by the name of the directors of such corporation, collect and pay any outstanding debts, settle its affairs, and divide amongst the stockholders the money and property remaining after the payment of all debts, liabilities and necessary expenses.

tions.

SEC. 16. Corporations formed under this act shall have Powers, corporapower to borrow such sums of money as may be necessary for the construction, completion or operation of their reservoirs, canals and ditches, or pipe lines, or the purchase of any lands, water rights or other property necessary, in order to carry out the objects for which they were incorporated; and to issue and dispose of their bonds for any amount so borrowed, and to mortgage their corporate property and franchises to secure the payment of any debt contracted for the purposes aforesaid: Frovided, that all such bonds. shall be payable within twenty years, and shall not bear interest at a greater rate than ten per cent. per annum.

powers.

SEC. 17. Corporations formed under this act for the Additional purpose of furnishing and supplying water for any of the purposes mentioned in section one, shall have, in addition to the powers herein before mentioned, rights as follows:

1. To cause such examinations and surveys for their proposed reservoirs, canals, pipe lines and ditches to be inade, as may be necessary to the selection of the most eligible locations and advantageous routes, and for such purpose, by their officers, agents and servants, to enter upon the lands or water of any person, or of this territory.

2. To take and hold such voluntary grant of real estate and other property, as shall be made to them in furtherance of the purposes of such corporation.

3. To construct their canals, pipe lines or ditches upon or along any stream of water.

4. To take and divert from any stream, lake or spring the surplus water, for the purpose of supplying the same to persons, to be used for the objects mentioned in section one of this act, but such corporations shall have no right to interfere with the rights of, or appropriate the property of any persons except upon the payment of the assessed value

Right of way damages, &c.

thereof, to be ascertained as in this act provided: And provi ded, further: That no water shall be diverted, if it will interfere with the reasonable requirements of any person or persons using or requiring the same, when so diverted.

5. To furnish water for the purposes mentioned in section one, at such rates as the by-laws may prescribe; but equal rates shall be conceded to each class of consumers.

6. To enter upon and condemn and appropriate any lands, timber, stone, gravel, or other material that may be necessary for the uses and purposes of said companies.

SEC. 18. Should any such corporation be unable to agree with the owners as to the compensation to be paid for any such land, water, timber, stone, gravel or other materials, the amount shall be ascertained and determined by the appraisal of three disinterested commissioners, who shall be appointed on application of either party, and upon five days' notice to the other party, by the judge of the district court in and for the district in which such land, water, timber, stone, gravel or other material may be situated; and said commissioners, in their assessment of compensation, shall appraise such premises or property at what would have been the value thereof, if such reservoirs, canals, ditches, or pipe lines for which such premises or property shall be required, had not, or was not in contemplation of being built or constructed; and upon a return into court of such appraisement, and upon the payment to the clerk thereof, or to the parties entitled to such compensation, the amount so assessed by such commissioners, the land, water, timber, stone, gravel, or other materials so appraised, shall be deemed to be taken by such corporation, which_shall thereby acquire full title to the same, for the uses and poses aforesaid. Such commissioners, before entering upon the discharge of their duties as such, shall take and subscribe an oath before some officer authorized to administer oaths, that they will honestly and impartially discharge the duties assigned to them. which oath shall be returned with their appraisement. Either party feeling aggrieved by the assessment made may, within twenty days after the filing of such appraisement, appeal therefrom to the district court of the county in which such premises or property may be situated, and demand a jury of twelve men to esti mate the compensation to be paid. Such appeal shall be taken by a notice given to the clerk of such court by the party appealing, stating that an appeal has been taken, and thereupon the clerk shall transmit all the papers and reports in such proceedings to such court and docket the same as other cases, and the trial of such matter in such court shall

pur

be had upon such papers. Such appeal shall not interfere with the right of such corporation to take possession of such property, if it shall have paid into court the compensation assessed, and to proceed with the construction of its reservoirs, canals, and ditches or pipe lines. The party appealing shall give bond with sufficient surety, to be approved by the clerk of said court, for the payment of all costs accruing upon such appeal. In case the party appealing does not obtain a favorable verdict, such party shall pay the whole costs incurred by the other party, as well as his own, upon such appeal, but in case a verdict shall be rendered against the appellee, he shall pay the costs of both sides. On the payment into the court for the use of the owner or claimant of a sum equal to that finally awarded, it shall be held to vest in such corporation, title to the land, water, or other property in question, and the right to occupy, take and use the same for any of the purposes aforesaid. In case any of the lands or other property to be taken as aforesaid, shall be owned by any person residing without the territory, or whose residence is unknown, or who may be subject to any legal disability, the court may appoint a proper person, who shall give bond with sufficient surety, to be approved by such court, for the faithful execution of his trust, and such person shall represent in court the person so absent, under legal disability, or whose residence is unknown, when the same proceedings, as aforesaid, shall be had in reference to the appraisement of the lands or other property in question, and with the same effect. The title of such corporation to the lands or other property taken by virtue of this act shall not be affected or impaired by reason of the failure of the person appointed to faithfully discharge his trust. In case it shall be necessary for such corporation to take lands or other property which are unoccupied, and of which there is no apparent owner or claimant, it may proceed to take and use the same for any of the purposes aforesaid, and may institute proceedings in the manner above described, for the purpose of acquiring title thereto, and determining the compensation to be paid therefor; and said court shall prescribe and direct the kind of notice to be given to such owner or owners as to the pendancy of such proceedings, and may in its discretion, appoint an agent or guardian to represent such owner or owners, in case of his or their incapacity or non-appearance. The damages awarded to such owner or owners shall be paid into court for their use and benefit, and shall be paid over to such owner or owners, or his or their legal representatives, or assigns, on demand. Said court shall always be

Side canals.

Right of way through prop or insane per

sons.

open for the transaction of the business provided for in this section, and shall transact the same, with all reasonably dispatch.

SEC. 19. Such corporations shall be authorized to construct such branch, lateral or side canals, pipe lines or ditches, as may be necessary to successfully accomplish the objects and purposes for which they shall be organized, and shall bave the same rights and powers as to the taking and appropriating of land, and other property, to be used therefor, as is given and conferred by the next preceding section, or other sections of this act.

SEC. 20. Should it become necessary for any such corerty of idiotle poration to acquire the title to any land or other property belonging to any infant, idiot or insane person, or which may belong to the estate of any deceased person, the title to any such property may be obtained in such manner as may be provided by law for the conveyance, sale or disposal of the land or other property belonging to infants, idiots, insane persons or the estates of deceased persons.

Shall have right of way of territorial property.

Appraisments.

purpose

SEC. 21. Corporations formed under this act for the of furnishing or supplying water for any of the purposes mentioned in section one, shall have the right and privilege of constructing their reservoirs, canals, pipe lines or ditches on or over any of the lands now belonging to this territory, or which may hereafter become the property of the territory, and the right to use any timber, stone or other materials upon such lands, and along the line of such canals or ditches, or in the vicinity of such reservoirs as may be necessary in the construction thereof.

SEC. 22. Whenever it shall become necessary for the appointment of commissioners to appraise any land or other property taken, or about to be appropriated under the provisions of this act, the party seeking to have such commissioners appointed shall present to the judge authorized to make such appointment a petition setting forth the amount, character and description of the land or other property taken or sought to be appropriated, together with the names of the owners thereof, if known, or if unknown, the fact shall be so stated. The report of such commissioners fixing the amount of such compensation shall set forth and show the amount, kind and character of land, or other property taken or about to be taken and appropriated, belonging to each owner or claimant, and the compensation fixed therefor, separately. Such commissioners shall have the power to hear evidence, and administer oaths to witnesses. They shall fix a time and place for hearing evidence, which shall be in the vicinity of the property appro

priated, and shall notify the, parties interested of the time and place, five days before such hearing. Such hearing may be adjourned from time to time, in order to complete the same. Such commissioners shall be allowed such compensation for their services as the judge of the district court may deem just and proper to be paid by such corporation.

SEC. 23. Should the canals, pipe line or ditches of any corporation organized under this act cross any public highway or street, such corporation shall construct and keep in repair all necessary bridges across or over all such canals or ditches that may be requisite to enable the public to cross said canals and ditches with ease and safety.

Shali make and keep crossings in repair.

towns and cities.

SEC. 24. Corporations formed under this act for the Right of way in purpose of supplying water to any city, town, or the inhabitants thereof, for any purpose, may lay their mains or pipes in, along, and upon any of the public streets or alleys of such city or town, subject to such regulations as may be provided by the corporate authorities of such city or town; and may furnish and supply such city or town or the inhabitants thereof, with water, upon such conditions and terms as may be fixed by such corporations, or as may be agreed to by the consumers and such corporations.

SEC. 25. That no incorporation of any company or companies to supply water for the purposes of irrigation and other purposes, shall have any right to divert the usual and natural flow of water of any stream which by the law of 1854 has been declared a public acequia for any use whatever, between the fifteenth day of February and the fifteenth day of October of each year, unless it be with the unanimous consent of all and every person holding agricultural and cultivated lands under such stream or public acequia, and to be irrigated by the water furnished by said stream or public acequia, and that no incorporation of any company or companies shall interfere with the water rights of any individual or company, acquired prior to the passage of this

act.

SEC. 26. This act shall take effect and be in force from and after its passage and approval.

Approved February 24, 1887.

Shall not injure any public acequia.