Sanders, and their associates and successors, be and are hereby constituted a body_politic under the name and style of the Johnson Wagon Road Company, with the ordinary powers and liabilities of corporations, and may use a company seal, to sue and be sued, to plead and be impleaded. SEC. 2. And be it further enacted, That said company may make and establish a wagon road, as follows: From Fort Owens up the Bitter Root river and across the summit of the Rocky mountains to Big Hole river, and from thence to or near the mouth of Big Hole river, and from thence to the Bannock city and Deer Lodge road. SEC. 3. And be it further enacted, That said company shall make said road over the nearest and most practicable route as above described, and have the exclusive right for one mile on each side of said road. SEC. 4. And that it shall be lawful for this company or their heirs or assigns, to collect the following rates of toll: Each wagon and two animals, three dollars; and each additional pair of animals, fifty cents; for horse and rider, fifty cents; for each pack animal, fifty cents; for loose animals, fifteen cents; sheep or hogs, ten cents per head. SEC. 5. And that said company shall make or cause to be made, said road within ten months from the passage of this. act, and if not, this charter shall be null and void. SEC. 6. And be it further enacted, That the above named company shall have all the rights and privileges hereby guaranteed; shall exist and continue for and during the term of twenty years: Provided, That no part of this act shall be so construed as to prevent the county commissioners from fixing the rates of toll on said road, upon the petition of thirty bona fide citizens of the county in which said road is located, after the expiration of four years from the passage of this act. SEC. 7. This act to take effect and be in force from and after its approval by the governor. APPROVED, January 22d, 1864. AN ACT To authorize Hill Beachey, his heirs and assigns to construct and maintain a Toll Road from Lewiston to the intersection of what is known as the Mullen road. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows: SECTION 1. That Hill Beachey, his heirs and assigns, are hereby authorized to construct and maintain a wagon toll road, from the north side of Clearwater river, opposite the town of Lewiston, in Nez Perce county, over and along the most direct and practicable route, to be hereafter selected by said Beachey, his heirs and assigns, to intersect what is known as Mullen's military road, leading from Walla Walla to Fort Benton, said authority to continue for the period of ten years from the date of this act, and the said Beachey, his heirs and assigns, are hereby granted the exclusive right of way over and along said route so selected and for a distance of one mile on either side of said route for the period herein named. SEC. 2. That within five months from the date of the passage of this act, the said Beachey, his heirs and assigns, shall commence the work of the construction of said road, and within six months thereafter they shall complete the same, otherwise this franchise shall become void. SEC. 3. The said Beachey, his heirs and assigns, where required shall build substantial bridges and culverts over and along said route, and when needed, to grade said road, and keep it in good repair and condition at all times, as to render transportation in wagons of persons and property both safe and speedy. SEC. 4. That whenever said Beachey, his heirs and assigns, shall have completed the construction of said road, as aforesaid, they shall be authorized to erect one or more toll gates on said road and charge, and collect toll thereat; Provided, That the aggregate toll, for the whole line of said road, does not exceed the following rates, to-wit: For each wagon or vehicle drawn by one horse, mule, or ox.......... .8 2 00 wagon or vehicle drawn by one span of 50 SEC. 5. The county commissioners of Nez Perce county, after the expiration of three years, from the date of the com pletion of said road, shall have authority to alter or modify the above rate of toll as in their judgment the public interest may require. SEC. 6. This act to take effect and be in force from and after its approval by the governor. APPROVED January 22, 1864. AN ACT Authorizing James R. Wiley and Nathan Cornish to establish and maintain a Toll Road in Boise county. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows: SECTION 1. James R. Wiley, and Nathan Cornish their heirs, successors, and assigns are hereby granted the right and privilege to establish and maintain a toll road from the village of Placerville, in Boise Basin, in Boise county, Idaho territory, to Bannock City in said territory. Said road is to commence at the village of Placerville, running thence in an easterly direction to the village of Centerville in said basin, and thence in an easterly direction, to Bannock City, over the route heretofore established by said parties and now occupied and used by them as a toll road. SEC. 2. The said parties shall have the right to charge and collect toll on said road not exceeding the following rates: Loaded wagons, and one span of horses, mules, or yoke of oxen...... Each additional animal... Empty teams returning, shall be charged only half price. 66 66 one horse..... ..$ 2 00 50 150 I 00 SEC. 3. The said parties may also establish toll gates at one or more points on said road and collect tolls thereat, provided the aggregate tolls so collected shall not exceed the rates as designated in section two of this act; and Provided further, That not more than one-third of the above rates designated in section two, shall be charged for traveling only between Centerville and Placerville, and two-thirds of said rates for traveling only between Centerville and Bannock City. And said 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........ 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. |