AN ACT To Incorporate the Boise City Canal Company. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That James M. Stephenson, D. N. Hyde, Peck and Austin Savage, their associates, heirs and assigns, are hereby declared a body politic and corporate, under the name and style of the Boise City Canal Company. SEC. 2. Said company shall have the right to take six thousand inches of water, to be measured according to the custom of miners, out of Boise River, at any point between the west and lower end of Rocky Point, above Boise City, and a point three fourths of a mile below said Rocky Point, and convey said water in a suitable ditch, or aqueduct, or both, in the northeast side of said river, through Boise City, on Market street, to the junction of said street with Ninth street, thence across to Main street, and from thence in a north westly direction down Boise Valley through what is known as Doctor Holton's Ranch, the same to empty into Boise River ten miles below the place of beginning, the whole line of said ditch being in Ada County; and the said company shall have the right to convey water to any point of Boise City by means of hose, pipes or flumes, and to dig and construct water tanks and reservoirs at the junction of streets in said city for general use, and shall have the right to distribute water in said Boise City for a term of fifteen years from the passage of this Act; and the said company shall have the exclusive right of way along the line of said ditch for a space of twelve feet from the outside of the same on each side, except where they would conflict with the vested rights of others: Provided, further, that the taking of said amount of water shall not so reduce the water in Boise River as to interfere with prior rights. SEC. 3. Said company shall complete a ditch on their right of way as herein granted, five feet in width and eighteen inches deep, for a distance of five miles from the point where the water shall be taken from said Boise River, by the first day of August, A. D. 1866, and shall complete the same throughout its whole length, ten miles, twelve feet wide, and three feet deep, within three years from the passage of this Act, and if not completed within the time herein specified, then said company shall forfeit their right of way to the same. SEC. 4. Said company shall bridge and flume said ditch at all necessary points where the same passes through Boise City, to secure the public against danger in crossing the same; and in case said ditch shall pass through lands claimed by persons prior to the passage of this Act, and if such parties shall feel themselves aggrieved thereby, and if such parties and said company cannot agree upon the amount of damages to be paid in such cases, then in such cases the matter in dispute shall be submitted to, and such damages as shall be deemed just and right shall be allowed by the County Commissioners of said Ada County, each party having the right to introduce testimony, and such decision shall be final. SEC. 5. Said company shall have power to purchase lands, buildings, and other real property, and all personal property necessary for the use of said company to build reservoirs or water tanks, and maintain the same, together with such hose and pipes as may be necessary to carry into effect the objects of such company, to sue and be sued, to make all necessary by-laws and regulations not in conflict with the constitution and laws of the United States, or of Idaho Territory, and to charge and collect toll for the use of said water. SEC. 6. Said company shall have a President, Secretary and Treasurer, and such other officers as the by-laws of said company may direct. SEC. 7. That in case said company shall contract with any mill to furnish them with water for milling purposes, company they shall in no case diminish the amount or raise the price of said water after such first contract, unless by the request of such mill company in writing. SEC. 8. Nothing in this Act shall be construed so as to prevent any future Legislation from fixing the rate of toll for the use of said water, or for enlarging, modifying or otherwise altering this charter, after the expiration of five years from passage of this Act. the SEC. 9. This charter to expire after the lapse of fifteen years from the passage of this Act unless a further time be granted by the Legislature. SEC. 10. That said corporation shall, within sixty days after the passage of this Act, faithfully file and execute a good and sufficient bond with the Auditor of Ada County, and payable to Ada County in the sum of one thousand dollars, for the faithful performance of the stipulations of this Act. SEC. 11. This Act to be in force and take effect from and after its approval by the Governor. APPROVED, January 12th, A. D. 1866. CHAPTER LXXVII. AN ACT To authorize John A. Middleton and Geo. B. Walker, and their heirs and assigns, to construct and keep a Bridge across Snake River, at or near the mouth of Sinker Creek. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That John A. Middleton and Geo. B. Walker, their heirs and assigns, be and they are hereby authorized to construct and keep a bridge across Snake River, at or near a place known as the mouth of Sinker Creek, about twenty miles above the ferry or crossing of the Owyhee road, on said Snake River; and the said John A. Middleton and Geo. B. Walker, and their heirs and assigns, shall have the exclusive privilege of constructing and maintaining a bridge at the aforesaid point, and for the distance of five miles up and down said stream, on each side of said point of location, for the term of twelve years from the approval of this Act by the Governor: Provided, That said bridge, when so constructed, shall be subject to the same regulations 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 John A. Middleton and Geo. B. Walker, their heirs and assigns, to charge and collect the following rates of toll for crossing said bridge: For crossing a footman... For crossing a man and horse... For crossing a horse or mule with pack 3 00 ..1 00 .0 50 ....0 25 For crossing a wagon and one pair of horses or mules.... For crossing each additional span. For crossing loose horses or cattle. For crossing sheep and hogs, each.. Provided, The County Commissioners of Owyhee county may, at any time, reduce the rates of toll herein allowed. SEC. 3. That no Courts or Board of County Commissioners shall authorize any persons, except as hereinafter provided in this Act, to construct a bridge, or establish a ferry, within the limits set out in this Act: Provided, That the said John A. Middleton and Geo. B. Walker, their heirs or assigns, shall, within two years after the passage of this Act, have constructed a good, strong, substantial and safe bridge, and should the law regulating the construction of bridges and the establishing of ferries now, or such as may hereinafter be in force, be violated by the said J. A. Middleton and Geo. B. Walker, their heirs and assigns, or if no good and substantial bridge be constructed in the time specified in this Act, upon proof thereof being made to the satisfaction of the Board of County Commissioners of said county, then this Act to be null and void: And, provided further, That the said John A. Middleton and Geo. B. Walker shall construct a good and sufficient draw in the said bridge, to admit the passage of any steamboat, or other vessel that may navigate the said Snake River, and shall at all times have a good and trusty person, or persons, to attend the said bridge, and draw, so that there shall be no unnecessary delay to such boat or vessel: Provided, Under a penalty of the forfeiture of this charter, said bridge shall be completed within twenty months from and after the passage of this Act: And, provided further, That this charter shall in no wise conflict with prior vested rights, or charters already granted. SEC. 4. The said John A. Middleton and Geo. B. Walker shall, within six months from the approval of this Act, make and file with the Auditor of Owyhee County, a good and sufficient bond, payable to Owyhee County, in the sum of one thousand dollars, conditioned for the faithful performance of the requirements of this Act. SEC. 5. This Act to be in force and take effect from and after its approval by the Governor. APPROVED, January 12th, A. D., 1866. CHAPTER LXXVIII. AN ACT To authorize John J. McConnell and associates to establish and maintain a Ferry over Snake River. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That John J. McConnell and associates, their heirs and assigns, be, and they are hereby authorized to establish and maintain a ferry on Snake River, at or near a point on said river known as the Head of the Three Islands, on said river, and to have the exclusive right to ferry on said river, for a distance of five miles above and two miles below the head of said Islands, so selected for ferrying, for the period of ten years. SEC. 2. That the said John J. McConnell and associates shall, within ten months from the approval of this Act, have constructed good, substantial boats, for the transportation of persons and property of all travelers that may offer, with sufficient employees to expedite transportation over said river. SEC. 3. That the said McConnell and associates shall be allowed to charge and collect the following fees for ferrying: For each loose horse, mule or oxen. For each sheep or hog. ..... For wagon, with two horses, mules or yoke of $ 50 1 00 50 25 10 3 00 1 00 SEC. 4. That any failure on the part of said McConnell and associates to comply with this Act, or any one of its provisions, shall be a forfeiture of their rights and privileges under this Act. SEC. 5. It shall be lawful for the County Commissioners of such counties as said ferry may be located in, at any time, to reduce the rates of ferriage fees allowed by this Act. SEC. 6. The said parties shall, within ninety days from the passage of this Act, file with the Auditor of Owyhee County, |