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SEC. 2. It shall be lawful, until such time as the county boundary shall be established between Boise County and Alturas County, for any person residing in Banner City and Walker's Diggings Mining Districts, to have any claim, or any instrument of writing, of whatever character, required to be recorded, to have the same recorded in Boise County.

SEC. 3. This Act to be in full force and take effect from and after its approval by the Governor.

APPROVED, December 30th, A. D. 1865.

CHAPTER LIX.

AN ACT

To authorize the County Commissioners of Alturas County to levy and collect a Special Tax.

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

SECTION 1. That the County Commissioners of Alturas be, and they are hereby, authorized and empowered to levy and collect a special tax upon all assessable property in said county, for the year A. D. 1866, not exceeding fifty cents on each and every one hundred dollars, of all assessable property in said county.

SEC. 2. Said tax shall be placed to a special fund, to be known as the Alturas County Court House and County Building Fund.

SEC. 3. The said County Commissioners of said county are hereby authorized and empowered to transfer all warrants nów, or hereafter to be, issued for the expenses of erecting the county buildings of said county, to said Alturas County Court House and County Building Fund; and the Auditor of said Alturas County is hereby authorized and required to keep said fund as a separate account.

SEC. 4. This Act to be in full force and effect from and after its approval by the Governor.

APPROVED, January 10th, A. D. 1866.

CHAPTER LX.

AN ACT

For the transcribing of the Records of Boise and Alturas Counties.

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

SECTION 1. That all records now in the possession of the Recorder of Boise County, relating, or properly belonging to Alturas County, be transcribed.

SEC. 2. That the Recorder of Boise County shall cause a true copy of all records in his office, properly belonging to Alturas County, to be made, and certified to by him under seal, and that said Recorder shall furnish well bound books to contain such records, and indorse the same, and shall complete such transcribing within three months from and after the passage of this Act.

SEC. 3. That said Recorder shall receive from Alturas County, as compensation for all records so transcribed, forty cents per folio, and for indexing seventy-five cents per folio, and reasonable compensation for books.

SEC. 4. That, on the delivery of said records, books, so transcribed, to the Recorder of Alturas County, the County Auditor of Alturas County shall draw a special warrant upon the Treasurer of Alturas County, for such sum as may be due for such transcribing, and the same shall be paid to the Recorder of Boise County, out of any money in the Treasury not otherwise appropriated.

SEC. 5. This Act to take effect and be in full force from and after its approval by the Governor.

APPROVED, January 3d, A. D 1866.

CHAPTER LXI.

AN ACT

Assigning the Chief Justice and Associate Justices of the Supreme Court, of Idaho Territory, to the several Judicial Districts.

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

SECTION 1. The Hon. John R. McBride, Chief Justice of the Supreme Court, is hereby assigned to the Second Judicial District of Idaho Territory; the Hon. A. C. Smith, Associate Justice of the Supreme Court of Idaho Territory, is hereby assigned to the Third Judicial District; and the Hon. Milton Kelley, Associate Justice of the Supreme Court of Idaho Territory, is hereby assigned to the First Judicial District of Idaho Territory.

SEC. 2. All laws, and parts of laws, in conflict with this Act, are hereby repealed.

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

APPROVED, December 26th, A. D. 1865.

CHAPTER LXII.

AN ACT

Authorizing Daniel Inman and Amasa Mann to establish and maintain a Toll Trail from Lewiston, in Nez Perce County, to the western line of the Territory of Montana, and a Ferry across Clearwater River.

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

SECTION 1. That Daniel Inman and Amasa Mann, and their successors, heirs or assigns, are hereby granted the exclusive right and privilege to establish and maintain a toll trail and ferry across the Clearwater River, commencing at the town of Lewiston, in the county of Nez Perce, thence to a point on said Clearwater River some six miles below the forks of said river, to be by them selected, at which they are authorized and empowered to build and establish a ferry, or bridge, at their option; thence to the western line of the Territory of Montana, in such direction as to strike the Mullen Road at the most feasible point between Hellgate and Blackfoot City, on and near the old Lo lo Fork Indian Trail, where the same can be done advantageously.

SEC. 2. The said parties shall have the right to charge and collect toll for crossing said ferry, as follows:

For each animal, packed.

.$0 75

For each pack animal, light

....

For each man and horse, or mule...

0 50
100

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For each sheep or hog....

SEC. 3. The said parties may establish one toll-gate at their

0 50

0 25

0 25

0 10

$2 00

100

2 00

1 00

050

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ferry, and collect the toll specified in section two, for crossing said ferry and the eastern termination of said trail, and collect tolls thereat: Provided, The tolls in, the aggregate, so collected, shall not exceed the amount specified in this Act for toll on said trail. And, provided further, That no toll-gate shall be established or tolls collected, on said trail, between Lewiston and said ferry.

SEC. 4. Said Inman and Mann, their heirs and assigns, shall have and enjoy all the rights and immunities thereunto appertaining, and the exclusive right of way, for one mile each side, across, and through the land and territory between said point and for two miles up and down said Clearwater River, which right of way is hereby granted to said parties for the term of ten years.

SEC. 5. The Board of County Commissioners of the counties of Nez Perce and Shoshone, respectively, shall have the privilege, after one year from the passage of this Act, to alter and regulate the rates of toll upon said trail, so far as the same runs through their respective counties, and the Board of County Commissioners of Nez Perce County shall have power, after one year from the passage of this Act, to alter and regulate the rates of toll upon said ferry or bridge across the Clearwater River.

SEC. 6. The said Inman and Mann, or their successors and assigns, shall, within sixty days after the passage of this Act, execute a bond to the Board of County Commissioners of Nez Perce County, with good and sufficient security, in the sum of one thousand five hundred dollars, conditioned that within eighteen months from the execution of said bond, they will complete said ferry and trail, and open the same for the traveling public. And upon failure of said Inman and Mann to comply with the foregoing provisions, this franchise to become void.

SEC. 7. The granting the right of way, conferred by this franchise, shall in no way interfere with the occupation by the government of the United States of any portion thereof, for a military road. And if said Lolo Fork Route should be so occupied by the government for the purpose of constructing a road, then, as the government road shall be completed and opened to travel over a portion of said route, the rates of toll herein allowed may be proportionately reduced by the Commissioners of Nez Perce County, taking into consideration the distance and cost of construction of the portion of said trail traveled by the public.

SEC. 8. This Act to take effect from and after its approval by the Governor.

APPROVED, January 2d, A. D., 1866.

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