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PART THIRD.

MILL-DAMS AND TOLL-BRIDGES.

MILL-DAMS & TOLL-BRIDGES.

AN ACT

To authorize Henry Elliott, his Associates and Assigns, to erect a Toll-bridge across the Little Nemaha River.

SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That Henry Elliott, his heirs, assigns, associates and successors, be, and they are hereby authorized to build and keep a toll-bridge across the Little Nemaha river, at a point where the old emigrant road crosses said river, or any other point on said river within three miles of its mouth, or junction with the Missouri river, for the term of thirteen years, with the exclusive privilege therefor, the legislative assembly reserving the right to alter, amend or repeal this act.

SEC. 2. Said Elliott, his heirs and successors, shall within fifteen days after the fifteenth day of February, A. D. 1864, have a suitable bridge erected across the said Little Nemaha river, within the limits herein specified, for the speedy and safe passage of persons and property.

SEC. 3. The owner or owners of said bridge shall be allowed the following rates of toll:

For two horses, mules, or oxen and wagon or other vehicle, 25 cents.
For each additional pair of horses, mules or oxen,---
For each horse or mule and buggy, or other vehicle,.
For each horse or mule and rider,.

For each led horse or mule,

For loose cattle, per head,.

For loose hogs, per head,.

For footman,

10 66

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For the crossing of sheep there shall be no fee charged. SEC. 4. That in default of said company maintaining and keeping at all times during its corporate existence, such bridge in good order and safe condition for crossing, the said company shall for each and every day of such default, forfeit and pay a fine of fifty dollars, to be

recovered by an action at law in the name of the Territory of Nebraska, and for every horse, gelding, mare, ox, cow, or other live stock, or article of personal property which may be injured or lost in attempting to cross such bridge by reason of the negligence or failure of said company to maintain and keep such bridge in good order and safe condition for crossing, said company shall be liable for, and pay to the owner or owners thereof, the full value or price of all chattels and property so injured or lost, and the same may be recovered by an action at law in the name of the owner or owners thereof; Provided, however, that if said bridge be destroyed by fire, wind, or water, then, and in that case, the fine herein provided shall not be enforced until such bridge shall again be rebuilt. All fines and forfeitures collected under the provisions of this act, shall, within ten days after the collection thereof, be paid into the county treasury of the county in which the action is brought, for the use of the common school fund of this Territory.

SEC. 5. An act entitled an act to authorize N. A. Finney and his associates to establish and keep a ferry across the Little Nemaha river, in Forney county, approved February 28, 1855, is hereby repealed.

SEC. 6. This act shall take effect and be in force from and after its passage.

Approved February 1, 1864.

AN ACT

To authorize Dean C. Slader, Jacob R. Lewis, and John R. Meredith, to construct and keep a Mill-Dam across the West Papillion creek, in Sarpy county.

SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That Dean C. Slader, Jacob R. Lewis and John R. Meredith, be, and are hereby authorized to construct and constantly keep a mill-dam across the West Papillion creek, on the southwest quarter of the south-east quarter of section twenty nine, in township fourteen, range thirteen, east of the sixth principal meridian, in Sarpy county, Nebraska.

SEC. 2. The said Dean C. Slader, Jacob R. Lewis, and John R. Meredith, their heirs and assigns, shall have perpetual right to keep a dam across said creek, at the point designated in section one of this act, to the height of twelve feet above low water mark, so as to propel mills, or any other machinery that said parties, their heirs or assigns, have erected or may erect.

SEC. 3. No person or persons shall be allowed by law to build or construct any dam below the point designated in this act, so as to in

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