so construed as to prohibit the county commissioners from altering and fixing the rates of toll, at the expiration of three years from the passage of this act. SEC. 3. It shall be lawful for said parties, their heirs or assigns, to collect the following rates of toll, for ferrying on said ferry: For one team with wagon... $300 loose animals, each. 25 .. 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 Charles W. Frush and his associates to establish a Ferry across the Pen d' Oreille or Clark's Fork of the Columbia river. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows: SECTION 1. That Charles W. Frush, his heirs and assigns, be, and they are hereby authorized to establish a ferry across the Pen d' Oreille or Clark's fork of the Columbia river, at or near the point where the military or boundy commission road crosses said river; and that the said Charles W. Frush, his heirs and assigns, have the exclusive privilege of ferrying upon said river for the distance of one mile up and down the river, each way from the crossing of said road, for the term of ten (10) years from the passage of this act: Provided, That said ferry, when so established, shall be subject to the same regulations and under the same restrictions as other ferries are or may hereafter be by law of this territory, preseribing the manner in which licensed ferries shall be kept and regulated. SEC. 2. It shall be lawful for the said Charles W. Frush, his heirs and assigns, to receive and collect the following rates of toll for ferriage upon said river, viz : SEC. 3. The county commissioners court of - county shall have power to alter the foregoing ferry rates after one year upon the petition of thirty bona fide citizens of county; but nothing herein contained shall be so construed as to prevent the legislature from altering or amending the fore going ferry rates after the passage of this act. SEC. 4. The said Charles W. Frush, his heirs and assigns, shall, at all times, keep at said ferry a good and sufficient flat boat, and small boat, with sufficient hand or hands to work the same, for the transportation of persons and their property across said river without unnecessary delay, and upon proof being made to the county commissioners court of county that the said Charles W. Frush, his heirs and assigns, have failed or refused to keep at said ferry good and sufficient boats, with sufficient hand or hands to work the same, as required in the foregoing, then this act shall be null and void. SEC. 5. All acts or parts of acts in conflict with this act are hereby repealed. SEC. 6. This act to take effect and be in force from and after its approval by the governor. APPROVED, January 6th, 1864. AN ACT To authorize James Silcott, his heirs and assigns, to establish a Ferry on the St. Joseph river. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows: SECTION 1. That James Silcott, his heirs and assigns, be, and they are hereby authorized to establish a ferry across the St. Joseph river, at or near the point where the direct or main trail leading to the Couer d' Alene Mission crosses said river, and that the said James Silcott, his heirs and assigns, shall have the exclusive privilege of ferrying upon said river for a distance of two and a half miles up and down said river from th crossing of said trail, for the term of ten (10) years from and after the passage of this act: Provided, That said ferry, when established, shall be subject to the same regulations and under the same restrictions as other ferries may hereafter be by laws of this territory, prescribing the manner in which licensed ferries shall be kept and regulated. SEC. 2. It shall be lawful for the said James Silcott, his heirs and assigns, to receive and collect the following rates of toll for ferriage upon said river, viz: For each foct passenger.... loose animal other than sheep or hog............ ..$ 50 50 sheep or hogs each... 20 SEC. 3. The board of county commissioners of the county in which said ferry is or may hereafter be located, shall have power to alter the foregoing ferry rates, after two years, upon the petition of thirty bona fide citizens of the county in which said ferry is or may hereafter be located; but nothing herein contained shall be so construed as to prevent the legislature from altering or annulling the foregoing ferry rates after the passage of this act. SEC. 4. The said James Silcott, his heirs and assigns, shall, within four months after the passage of this act, procure for said ferry a good and sufficient flat boat or boats, with one small boat, which shall be kept at all times at the said ferry, with sufficient hands to work them for the transportation of all persons and their property across the said river without delay, and should the laws which may hereafter be in force in this territory be violated by the said James Silcott, his heirs or assigns, or, if no good and sufficient flat boats, with hands sufficient to work them, be provided within the time required by this act, upon proof thereof being made, to the satisfaction of the board of county commissioners of the county in which said ferry is or may hereafter be located, then this act shall be void and of none effect. SEC. 5. This act to take effect and be in force from and after its approval by the governor. APPROVED, January 2nd, 1864. To authorize S. A. Woodward and L. P. Brown to construct and maintain a Toll Road from Brown's Mountain house, in Nez Perce county, to Forence, in Idaho county. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows: SECTION 1. That S. A. Woodward and L. P. Brown, their. heirs and assigns, be and are hereby authorized to construct and maintain a toll road from what is known as Brown's Mountain house in Nez Perce county, along the most direct and practicable route to Florence, in Idaho county, for the period of ten years after the approval of this act by the governor, and for this purpose the right of way over and along said route when situated, and for the distance of one mile on either side of said route, is hereby exclusively granted to said Woodward and Brown, their heirs and assigns. SEC. 2. That it shall be the duty of said Woodward and Brown, or their heirs and assigns, to construct within eighteen months from the passage of this act, a good wagon road, with substantial bridges and culverts over and along said route, for the safe and speedy transportation of persons and property, and keep the same in good repair and condition at all times. SEC. 3. That whenever said parties have so far constructed said road as to admit the passage of horsemen, pack animals, and loose stock over said route, they shall be authorized to erect a toll gate somewhere upon the line of said road, and receive toll as prescribed in this statute. SEC. 4. That whenever said parties have completed the construction of said wagon road, so as to admit the safe passage of wagons and teams over said route, they shall be authorized to receive toll for such wagons and teams, as prescribed in this act: Provided, That said wagon road shall be completed and in good condition for the passage of wagons and teams within two years from the date of this act, otherwise this charter shall become forfeited. SEC. 5. The said Woodward and Brown, their heirs and assigns, shall be at liberty to charge and collect from persons traveling over and along said road, toll at the following rates, viz: For each wagon or vehicle drawn by one span of horses or mules, or one yoke of cattle.... $3 00 additional animal. 50 sheep and hogs, per head. 10 SEC. 6. The county commissioners of Idaho county, after the expiration of three years from the date of this act, shall have authority to alter or modify the above rates of toll, as in their judgment the public interests may require. 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 Establishing Counties, County Boundaries and County Seats,. East of the Bitter Root Mountains. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows: SECTION 1. That all that portion of Idaho territory embraced within the following boundaries, be and the same is hereby created a county, to be known as Missoula county, to-wit: Commencing at the point of intersection of the parallel latitude forty-nine degrees with the line of longitude one hundred and sixteen degrees, thence along said line of longitude, south to the summit of the Bitter Root mountains, and along summit of Bitter Root mountains in a southern direction to the summit of Rocky mountains, and along said summit of Rocky mountains to summit of mountains dividing Deer Lodge valley from Bitter Root valley, in a northwesterly direction to meridian of longitude one hundred and thirteen degrees thirty minutes, and along said meridian one hundred and thirteen degrees thirty minutes to parallel forty-nine degrees, and along said parallel of latitude to place of beginning; and the county seat of said county of Missoula is hereby located at Wordensville. SEC. 2. Be it further enacted, That all that portion of Idaho |