one year from and after January 1st, A. D. 1866, so that it will be passable for wagons; otherwise this charter shall be null and void. SEC. 4. At each toll gate on said road there shall be kept, in a conspicuous place, a bulletin board, with the rates of toll herein prescribed intelligibly painted thereon; Provided, That no toll gate shall be established or kept within three miles of Idaho City. SEC. 5. That the said Benj. M. Anderson, Jesse Bradford and James Hawley, their heirs or 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, make it impracticable, and thereby render said road impassable for teams, during which time toll shall not be charged. SEC. 6. That three years from and after the construction of said road, from Idaho City to Silver or Banner City, 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 parties owning said road, two by the County Commissioners of said county, 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. SEC. 7. That any failure on the part of said parties, their heirs or assigns, to comply with the requirements of this Act, shall cause a forfeiture of the whole. SEC. 8. The said Benj. M. Anderson, Jesse Bradford and James H. Hawley, their heirs and assigns, shall, within sixty days from the passage of this Act, faithfully execute, and file with the Auditor of Boise County, a good and sufficient bond, payable to Boise County, in the sum of two thousand dollars, for the faithful performance of the requirements of this Act. SEC. 9. Citizens living along the line of said road, or persons traveling only a portion of the road, shall be required to pay toll only for the number of miles actually traveled on said road. SEC. 10. It shall be lawful for the County Commissioners of Boise County, at any meeting thereof, to reduce the rates of toll herein allowed. SEC. 11. This Act shall take effect and be in force from and after its approval by the Governor. APPROVED, December 30th, A. D. 1865. CHAPTER XCIII. AN ACT Authorizing James Kinney, and associates, to establish and maintain a Pack Trail and Toll Road from the mouth of Moore's Creek to Alturas City, in Alturas County. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That James Kinney, and his associates, their heirs, successors or assigns, are hereby granted the exclusive right and privilege to establish and maintain a pack trail and toll road, commencing at the mouth of Moore's Creek, thence along said river on the north side, on the best and most practicable route, to a point where the middle fork empties into said Boise River, thence along said middle fork, on the best and most practicable route, to Goodrich's Ranch, on said middle fork, thence, on the best and most practicable route, along said middle fork, to Alturas City, in Alturas County, Idaho Territory, making the whole distance about eighty-five miles. SEC. 2. Said company, their heirs, successors or assigns, shall have and enjoy all the rights and immunities thereunto appertaining, and the exclusive right of way for one mile each side of said road, across and through the land and territory lying between the said points, which right of way is hereby granted to the said parties for the term of ten years: Provided, That within the term of ten months from the passage of this Act, that said parties shall have said pack trail, and all necessary bridges fully completed for safe and speedy transportation for pack animals, and after completion of said trail, that said parties shall charge and collect toll on said trail at the following rates: Provided, further, that said parties shall have said wagon road fully completed, with all its bridges and culverts, for safe and speedy transportation of all animals and freight that may pass over said road, within two years from the passage of this Act; otherwise the right to construct such wagon road shall be forfeited, and become null and void. Said parties shall, after the completion of said road, at all times keep the same in passable order and condition, except in case of heavy fall of snow, and shall establish, and at all times maintain, bridges and ferries at all necessary points on the line of said road, for the crossing of which no additional toll shall be charged and collected. SEC. 3. The said parties shall have the right to charge and collect toll on said road as follows: For each wagon, span of mules or oxen..... For each pack animal.. For each loose horse or mule. For each head of cattle..... .$4 00 1 00 1 00 50 25 1 00 10 SEC. 4. The said parties may establish toll gates at one or more places on said road, and collect tolls thereat: Provided, The aggregate tolls so collected shall not exceed the rates specified in section three of this Act. SEC. 5. The said James Kinney and his associates shall, within sixty days after the approval of this Act, faithfully execute and file with the Auditor of Alturas County a good and sufficient bond in the sum of one thousand dollars, payable to Alturas County, conditioned for the faithful performance of the requirements of this Act, and any failure on the part of said parties to comply with the requirements of this Act shall cause a forfeiture of all their rights under it. SEC. 6. The County Commissioners of Alturas County, may at any time reduce the rates of toll herein allowed. SEC. 7. This Act to take effect and be in force from and after its approval by the Governor. APPROVED. January 5th, A. D. 1866. CHAPTER XCIV. AN ACT To authorize W. S. Stocking and E. F. Gray, and their heirs and assigns, to establish a Toll Road in Alturas County. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That W. S. Stocking and E. F. Gray, and their heirs and assigns, be, and are hereby, authorized to establish and maintain a toll road, commencing at the junction of Lime Creek with the South Boise River, and running thence up Spur Gulch; thence across High Prairie; thence across the head of Big Camas Prairie, following all the way along the line what is known as Stocking's Hay Trail to the town of Volcano. SEC. 2. Said W. S. Stocking and E. F. Gray, and their heirs and assigns, shall have the exclusive right of way for one mile on each side of the line of said road, and to charge and receive toll on the same, in accordance with the schedule below, for the term of six years. SEC. 3. The rates of toll shall be as follows, to wit: For each riding animal and man.. For each pack animal and pack .... For each loose animal, unpacked, other than For each sheep or hog. 121 Provided, That persons living on said road shall only pay toll in proportion to the distance actually traveled on said road; And, provided further, Said road shall be made a good wagon road, and thereafter be continued a good traveling road for loaded freight wagons, so long as toll shall be charged on the same. SEC. 4. It shall be lawful for the County Commissioners of Alturas County, at any term of their Court, to reduce the rates of toll herein allowed. SEC. 5. Any failure on the part of said W. S. Stocking, E. F. Gray, their heirs and assigns, to comply with any part of the requirements of this Act, shall render the same null and void. SEC. 6. That the said W. S. Stocking and E, F. Gray shall, within sixty days from the passage of this Act, execute and file with the Auditor of Alturas County a good and sufficient bond, payable to Alturas County, in the sum of one thousand dollars, for the faithful performance of the requirements of this Act. SEC. 7. This Act shall take effect and be in force from and after its approval by the Governor. APPROVED, December 30th, A. D. 1865. CHAPTER XCV. AN ACT To authorize William L. Thompson and John McClellan, and their associates, to establish a Ferry over Boise River. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That William L. Thompson and John McClellan, and their associates, are hereby authorized to establish a ferry over Boise River; and they and their associates shall have the exclusive right to ferry on said river, for the distance of two miles above and two miles below, from a certain point on Boise River, about three fourths of a mile southwest of Boise City, being the point at which the present ferry is now located and owned by Thompson & Company, on the road leading from Boise City, in Ada County, to Ruby City, in Owyhee County, Idaho Territory; to have the free and exclusive use to ferry at said point upon said stream, for the period of five years from and after the passage of this Act. SEC. 2. That the said William L. Thompson, John McClellan, and their associates, shall, within thirty days from and after the passage of this Act, have constructed good and substantial boats for the transportation of persons and property |