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company are required to keep said road in good repair and condition, except in times of very deep snow, and in such case toll shall not be charged during the time said road is not kept open in a passable condition for teams.

SEC. 4. Said parties and their successors or assigns shall have and enjoy all the rights and immunities thereto appertaining, and shall have the exclusive right of way across and through the lands and territory, lying between the said point of beginning at Placerville, running to Centerville and thence to Bannock, the place of termination, on the line of said road before described for one mile each side of said road, which right, is hereby granted and ceded to the parties for the term of six years from the passage of this act; Provided, That within four months the said parties shall complete the construction of said road, otherwise the right to construct the same shall be forfeited and become null and void.

SEC. 5. After two years from the construction of said road the county of Boise may have the right to purchase said road at an appraised value to be determined by five appraisers, two to be selected by the said parties owning said toll road, two by the county commissioners, and one to be selected by the four appraisers herein before provided for, and such valuation shall be estimated to be the value of the road; Provided, further, That nothing herein contained shall be so construed as to interfere with the right to build a road or roads from the points mentioned in this act to other points not mentioned. It shall be lawful for the county commissioners of Boise county at any time after the passage of this act, to alter and fix the rates of toll over said road.

SEC. 6. Said parties shall keep at each toll gate a bulletin board on which shall be intelligibly painted each rate of toll as prescribed by this act; Provided, also, That no toll gate shall be established within one mile of either of the points mentioned on said road.

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

APPROVED, January 29th, 1864.

AN ACT

To establish and maintain a Toll Road from Fort Benton to the Town of Gallutin.

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

SECTION 1. That William Graham, Henry Thompson, and John Lambert, are hereby authorized to establish and maintain a toll road from Fort Benton to the town of Gallatin on the east side of the Missouri river, and they shall construct the said road on the most practicable route and have the exclusive right of way for one mile on each side of said road which right is hereby granted to said company for the term of ten years from the passage of this act, and it shall be lawful for said company to collect the following rates of toll: For each wagon with one span of mules, horses, or yoke

of oxen, three dollars....

.$3.00 50

For each additional span or yoke of animals.........
For each horse and rider or pack animal, one dollar...... 1 00
For loose stock, fifty cents per head....
Sheep or hogs, twenty five cents......

50

25

The said company shall construct said road within two years from the passage of this act. The said company shall not obstruct the navigation of the Missouri river. No part of this act shall be construed as to prohibit the county commissioners from fixing the rates of toll after three years from the passage

of this act.

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

APPROVED, February 4th, 1864.

666

AN ACT

To authorize Wm. B. Knott and J. W. Seaman, to construct and maintain a Ferry across Salmon river, at the mouth of French Creek.

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

SECTION 1 That Wm. B. Knott, and J. Seaman, their heirs and assigns, be, and are hereby authorized to construct a ferry or bridge, at their option, across Salmon river in Idaho county, at or near the mouth of French creek, and for this purpose the said Knott and Seaman, their heirs and assigns, are hereby granted the exclusive right to establish and maintain a ferry or bridge, at their option, at said point, and for the distance of one mile up and down said river, from said point, and said franchise is hereby granted to them, for the term of ten years from the passage of this act.

SEC. 2. That said Knott and Seaman, their heirs and assigns, are hereby required to construct and maintain in good repair, good and sufficient boats, for the safe transport of all persons with their animals and teams, at all reasonable times, or to construct a substantial and safe bridge for such transportation, and keep the same in good repair and condition at all times during the continuance of this franchise.

SEC. 3. That said Knott and Seaman, their heirs and assigns, are hereby authorized to charge and collect ferriage or toll for transportation over such ferry or bridge, at the following rates, to-wit:

For each wagon or vehicle with one horse, mule, or ox,

the sum of.........

For each wagon or vehicle with one span of horses,

mules, or one yoke of oxen....

For each additional horse, mule, or ox attached..

66

66 horse and rider......

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66 pack animal loaded.....

66

66 pack animal without load...

.$3.00

4.00

50

1 00

100

50

25

10

"loose cattle, mules or horses per head.

66

sheep and hogs per head......

SEC. 4. 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 ferriage, or toll, as in their judgment shall best subserve the interests of the public.

SEC. 5. This act to take effect and be in force from and

after its approval by the governor.

APPROVED, January, 22th, 1864.

AN ACT

Authorizing T. H. Stringham and others to build a Toll Road in Boise County.

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

SECTION 1. That Thomas H. Stringham, R. C. Combs, J. B. Taylor and D. H. Helser, their heirs or assigns, be and they are hereby authorized to establish and keep a toll road from Buena Vista bar to Fort Boise, said road following down or near Moore's creek, from Buena Vista bar, to the Big Bend on the canon through which Moore's creek runs; thence from the fork in said road (as the same is now located) through said canon on Moore's creek, intersecting the government road near the government saw-mill, and from said Big Bend by Freezeout, over the route on which the road is now built, by way of Beaver Dick's ranch to Fort Boise, with the exclusive right of way for one mile on each side of said road, for the term of six years from the first day of January, A. D., 1864; Provided, That said road shall be subject to the same regulations and under the same restrictions as other roads are, or may hereafter be, by laws of this territory, prescribing the manner in which licensed roads shall be kept and regulated. SEC. 2. That it shall be lawful for the said T. H. Stringham, R. C. Combs, J. B. Taylor and D. H. Helser, their heirs or assigns, to receive and collect the following rates of toll for travel upon said road:

For each wagon and one span of horses or mules, or

one yoke of oxen.....

For riding animal and man.

"pack animal and pack...

66

horse or mule without pack.

hogs and sheep each......

"loose cattle, each........

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$3.00

50

25

121

121

SEC. 3. That no court or board of county commissioners, shall authorize any person, except as hereinafter provided in

this act, to establish or keep a toll road within the limits set forth in this act; Provided, T. H. Stringham, R. C. Combs, J. B. Taylor, D. H. Helser, their heirs and assigns, shall keep said road open and improved and in good traveling condition, except when excess of snow, or ice, or breaking up of frost, shall make it impracticable, otherwise than the stipulations of this act, upon proof before the county commissioners, this act shall be void; Provided, That this act nor any part thereof, shall not be so construed as to prevent the county commissioners of Boise county at any time after the passage of this act, from altering and fixing the rates of toll herein mentioned over said road.

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

APPROVED, January 29, 1864.

AN ACT

To authorize Thomas Prather to establish a Ferry over the Snake river in Boise County.

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

SECTION 1. That Thomas Prather, his heirs and assigns, be, and they are hereby authorized to establish a ferry over the Snake river, at a point on said river four miles above the mouth of the Boise, and that he have the exclusive right to ferry on said river for a distance of two miles above, and two miles below the point selected for ferrying, for the period of ten years.

SEC. 2. That the said Thomas Prather shall, within six months from the passage of this act, have constructed, good, substantial flat boats for the transportation of the persons and property of all travelers that may offer, with sufficient employees to expedite transportation over said river.

SEC. 3. That the said Prather shall be allowed to charge the following fees for ferrying:

For a foot passenger.....

66 man and horse..

"packed animal...

"loose horses, each..

.80 50

1.00

1 00

50

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