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SEC. 7. This act to take effect and be in force from and after its approval by the governor.

APPROVED, January 16, 1864.

AN ACT

To authorize J. S. Wilson and others to establish and maintain a Ferry at the town of Gallatin, on the Missouri river.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. That J. S. Wilson, E. T. Lewis, and Henry Thompson, their associates, heirs, and assigns, be and they are authorized to construct and maintain a ferry, and collect toll thereon on the Missouri river, at or near the town of Gallatin. The said J. S. Wilson, his associates aforesaid, their heirs and assigns, shall have the exclusive privilege of ferrying upon the Missouri river for two miles each way, from a point opposite the town of Gallatin, and the commissioners of the county in which the said ferry is located, may regulate the rate of toll to be collected by said J. S. Wilson, E. T. Lewis, and Henry Thompson.

SEC. 2. This act to take effect and be in force from and after its approval by the governor.

APPROVED February 4, 1864.

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AN ACT

To establish a Wagon Road from Fort Owen to the Bannock
City and Deer Lodge road.

Be it enacted by the Legislative Assembly of the Territory of Idaho
as follows:

SECTION 1. That E. B. Johnson, John Lambert, and W. F.

Sanders, and their associates and successors, be and are hereby constituted a body politic under the name and style of the Johnson Wagon Road Company, with the ordinary powers and liabilities of corporations, and may use a company seal, to sue and be sued, to plead and be impleaded.

SEC. 2. And be it further enacted, That said company may make and establish a wagon road, as follows: From Fort Owens up the Bitter Root river and across the summit of the Rocky mountains to Big Hole river, and from thence to or near the mouth of Big Hole river, and from thence to the Bannock city and Deer Lodge road.

SEC. 3. And be it further enacted, That said company shall make said road over the nearest and most practicable route as above described, and have the exclusive right for one mile on each side of said road.

SEC. 4. And that it shall be lawful for this company or their heirs or assigns, to collect the following rates of toll: Each wagon and two animals, three dollars; and each additional pair of animals, fifty cents; for horse and rider, fifty cents; for each pack animal, fifty cents; for loose animals, fifteen cents; sheep or hogs, ten cents per head.

SEC. 5. And that said company shall make or cause to be made, said road within ten months from the passage of this act, and if not, this charter shall be null and void.

SEC. 6. And be it further enacted, That the above named company shall have all the rights and privileges hereby guaranteed; shall exist and continue for and during the term of twenty years: Provided, That no part of this act shall be so construed as to prevent the county commissioners from fixing the rates of toll on said road, upon the petition of thirty bona fide citizens of the county in which said road is located, after the expiration of four years from the passage of this act. SEC. 7. This act to take effect and be in force from and after its approval by the governor.

APPROVED, January 22d, 1864.

AN ACT

To legalize the acts of the County Commissioners and Sheriff of Boise county, in collecting the Revenue of said county. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. The acts of the county commissioners and sheriff of Boise county in ordering the collection of, and collecting the revenue of Boise county for the year eighteen hundred and sixty-three, after the time provided by law for the collection of the same had expired, are hereby legalized and made valid, as though said collecting had been made within the time limited by law.

SEC. 2. In all cases where said acts were wrongful and oppressive, the party aggrieved may recover damages by suit in the district court of said county, or the same court may, in its discretion, on any proper application, set aside the acts of said commissioners and sheriff.

SEC. 3. This act to take effect and be in force from and after its approval by the governor.

APPROVED, February 4th, 1864.

AN ACT

To authorize Joseph Herring to construct and keep a Bridge across the Spokane river, at or near a point where the Nez Perce trail intersects the Military road leading from Lewiston to Spokane prairie, crossing said river.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. That Joseph Herring, his heirs or assigns, be and they are hereby authorized to construct and keep a bridge across the Spokane river, at or near a point where the Nez Perce trail intersects the Military road leading from Walla Walla to Fort Benton, and across the same; and the said Joseph Herring shall have the exclusive privilege of con

structing and maintaining a bridge at the aforesaid point, for the distance of one mile up and down said stream on each side of said point, for the term of ten years from the passage of this act: Provided, That said bridge when so constructed, shall be subject to the same regulations and under the same restrictions as other bridges are or may be by the laws of this territory, prescribing the manner in which bridges shall be kept and regulated.

SEC. 2. It shall be lawful for the said Joseph Herring, his heirs and assigns, to charge and collect the following rates of toll for crossing the said bridge:

For crossing a footman.....

man and horse...

66

66

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horse and buggy.

.8.25

1 00

1 00

1 50

2.00

...

1 00

50

10

a wagon and one yoke of oxen...................................
each additional span of horses or yoke of

oxen.........

loose horses or cattle, each.......

166 sheep or hogs, each..........................

Provided, That the county commissioners of the county in which said bridge is or may be located at any regular term of the commissioners' court, shall have power to alter the above rates of toll, and when so altered, it shall be lawful for the said Joseph Herring, his heirs and assigns, to collect and receive toll only according to the rates prescribed by said commissioners.

SEC. 3. That no courts or board of county commissioners shall authorize any person except as hereinafter provided in this act, to construct a bridge within the limits set out in this act: Provided, That the said Joseph Herring, his heirs or assigns, shall within twelve months after the passage of this act, have constructed a good, strong, substantial, and safe bridge; and should the laws regulating the construction of bridges and the establishing of ferries now, or such as may hereafter be in force, be violated by the said Joseph Herring, his heirs or assigns, or if no good and substantial bridge be constructed in the time specified by this act, upon proof thereof being made to the satisfaction of the board of county commissioners of said county, then this act shall be null

and void.

SEC. 4. This act to take effect and be in force from and after its approval by the governor.

APPROVED January 22, 1864.

AN ACT

To authorize Hill Beachey, his heirs and assigns to construct and maintain a Toll Road from Lewiston to the intersection of what is known as the Mullen road.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. That Hill Beachey, his heirs and assigns, are hereby authorized to construct and maintain a wagon toll road, from the north side of Clearwater river, opposite the town of Lewiston, in Nez Perce county, over and along the most direct and practicable route, to be hereafter selected by said Beachey, his heirs and assigns, to intersect what is known as Mullen's military road, leading from Walla Walla to Fort Benton, said authority to continue for the period of ten years from the date of this act, and the said Beachey, his heirs and assigns, are hereby granted the exclusive right of way over and along said route so selected and for a distance of one mile on either side of said route for the period herein named.

SEC. 2. That within five months from the date of the passage of this act, the said Beachey, his heirs and assigns, shall commence the work of the construction of said road, and within six months thereafter they shall complete the same, otherwise this franchise shall become void.

SEC. 3. The said Beachey, his heirs and assigns, where required shall build substantial bridges and culverts over and along said route, and when needed, to grade said road, and keep it in good repair and condition at all times, as to render transportation in wagons of persons and property both safe and speedy.

SEC. 4. That whenever said Beachey, his heirs and assigns, shall have completed the construction of said road, as aforesaid, they shall be authorized to erect one or more toll gates on said road and charge and collect toll thereat; Provided, That the aggregate toll, for the whole line of said road, does not exceed the following rates, to-wit:

For each wagon or vehicle drawn by one horse, mule,

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$2 00

wagon or vehicle drawn by one span of
horses, mules or one yoke of oxen.......... 4 00
additional horse, mule, or ox.....

50

SEC. 5. The county commissioners of Nez Perce county, after the expiration of three years, from the date of the com

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