SEC. 8. This act shall take effect and be in force from and

after its approval by the governor.

APPROVED February 1, 1864.

AN ACT

To incorporate the Bannock City Water Company.

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

SECTION 1. That John C. Henly, Charles D. Vajin, and George Woodman, and their assigns, are hereby declared a body corporate, under the name of Bannock City water

company.

SEC. 2. Said company shall have the exclusive right to take twelve inches of water to be measured according to the custom of miners, out of Moore's creek, or Elk creek, or both, or out of any tributary of either, or both of said creeks, at any suitable point, and convey said water in any suitable troughs or pipes, or bored logs, to Bannock city and Buena Vista bar, in the county of Boise; and the said company shall have the exclusive right to run their troughs, pipes, or bored logs, through each and every one of the streets, alleys, roads, or highways of said Bannock city and Buena Vista bar, for the purpose of conveying water through said places, for distribution for all ordinary household purposes, such as drinking, cooking, and the like; and shall have the right to distribute said water for household purposes for the term of ten years from the passage of this act.

SEC. 3. 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 and maintain the same, together with such pipes, troughs, or bored logs as may be used, to put pipes in, and faucets in houses when requested, and to remove the same at pleasure; to sue and to be sued; to make all necessary by-laws and regulations not inconsistent with the constitution of the United States, or the organic act of this territory; and to charge and collect toll for the use of said water.

SEC. 4. Said company is hereby granted the exclusive

right of way for the conveyance of said water from said Moore's creek, or Elk creek, or tributaties, to said Bannock city and Buena Vista bar, and through the various streets, alleys, roads and highways in said places.

SEC. 5. Said company shall have a secretary, president, and treasurer, and such other officers as the by-laws of said company may direct.

SEC. 6 Said company shall commence the work of bringing in said water within one year, and shall complete the same, so far as shall then be practicable, within three 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 13, 1864.

AN ACT

Authorizing John Howerton and associates to establish and maintain a Toll Road from the mouth of Little Salmon river in Idaho County to Placerville, in Boise County.

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

SECTION 1. That John Howerton and associates, their heirs successors, or assigns, are hereby granted the exclusive right and privilege to establish and maintain a toll-road, commencing at the mouth of Little Salmon river, running up the same on the south side thereof, to Packer John's bridge, thence across the river, and over the most practicable route to Goose creek at Lorenzo's; thence across the mountains and over the most practicable route to a point where the present trail crosses the north fork of Payette river; thence over the present trail to Placerville.

SEC. 2. The said parties shall have the right to charge and collect toll, on said road as follows:

empty wagon, half price.

$4 00

100'

1 00

50

12

12

SEC. 3. The said parties may establish toll gates at one or more places on said road, and collect tolls thereat: Provided, The aggregate toll so collected shall not exceed the rates specified in section two of this act.

SEC. 4. Said company, their heirs, successors or assigns, shall have and employ 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 said points; which right of way is hereby granted to the said parties for the term of ten years: Provided, That within four monhts from the passage of this act, they commence the construction of said road, and within six. months thereafter shall complete so much of the same as is required for the passage of pack animals over the whole length of the road; and Provided further, That within one' year from the said commencement they shall complete the entire road so that it will be passable for wagons; otherwise the right to construct shall be forfeited and become null and void. Said parties shall after its completion, at all times, keep the same in passable order and condition, 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 collected.

SEC. 5. 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.

SEC. 6. No toll gate shall be established within one mile of any city or village on said road, unless the same be at a ferry or bridge on said road: Provided, Said John Howerton and associates shall, previous to charging toll on said road, provide safe bridges or ferries to transport the persons and property of all travelers who may pass over said road; also, sufficient boats (if ferries, with hands to work said boats or ferries) for the safe transportation of said persons and property over any and all streams not fordable on the line of said road: Provided, At the expiration of four years, upon the application of twenty bona fide citizens of the county in which said road is located, the county commissioners shall have power to alter and fix the rates of toll over said road.

SEC. 7. This act to take effect and be in force from and

after its approval by the governor.

To authorize J. S. Wilson and others to establish and maintain a Ferry at the town of Gallatin, on the Missouri river. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. That J. S. Wilson, E. T. Lewis, and Henry Thompson, their associates, heirs, and assigns, be and they are authorized to construct and maintain a ferry, and collect toll thereon on the Missouri river, at or near the town of Gallatin. The said J. S. Wilson, his associates aforesaid, their heirs and assigns, shall have the exclusive privilege of ferrying upon the Missouri river for two miles each way, from a point opposite the town of Gallatin, and the commissioners of the county in which the said ferry is located, may regulate the rate of toll to be collected by said J. S. Wilson, E. T. Lewis, and Henry Thompson.

SEC. 2. This act to take effect and be in force from and after its approval by the governor.

APPROVED February 4, 1864.

AN ACT

To establish a Wagon Road from Fort Owen to the Bannock City and Deer Lodge road.

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

SECTION 1. That E. B. Johnson, John Lambert, and W. F.

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.