gitude one hundred and nine degrees, and from thence along said parallel forty-seven degrees, east to meridian of longitude one hundred and four degrees, and from thence along said meridian one hundred and four degrees south to parallel of latitude forty-five degrees, and from thence along said parallel forty-five degrees, west to meridian of longitude one hundred and nine degrees, and from thence along said meridian north to place of beginning; the county seat of said county of Big Horn shall be located by the county commissioners, till otherwise provided by law. SEC. 9. Be it further enacted, That all that portion of Idaho territory embraced within the following boundaries, be and the same is hereby created a county, to be known as Ogalala county, to-wit: All that portion of Idaho territory situated south of the forty-fifth parallel of latitude, and east of the one hundred and eighth meridian of longitude; the county seat of said county of Ogalala is hereby temporarily located at Fort Laramie. SEC. 10. Be it further enacted, That all that portion of Idaho territory embraced within the following boundaries, be and the same is hereby created a county, to be known as Yellowstone county, to-wit: All that portion of Idaho territory east of the Rocky mountains, not included ir, the counties above described, be and the same is hereby created a county, to be called Yellowstone county; the county commissioners of the county of Yellowstone, shall temporarily locate the county seat of said county until otherwise provided by law. SEC. 11. This act to take effect and be in force from and after its approval by the governor. APPROVED, January 16th, 1864. AN ACT To authorize Charles Addis to establish a Ferry across the Couer d'Alene river. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows: SECTION 1. That Charles Addis, his heirs and assigns, be, and they are hereby authorized to establish and keep a ferry across the Couer d'Alene river, at or near the point where the main trail leading to Couer d'Alene Mission crosses said river, and that the said Charles Addis, his heirs and assigns, shall have the exclusive privilege of ferrying upon said river for a distance of two and a half miles up and down the same, from the crossing of said trail, for the term of ten (10) years from and after the passage of this act: Provided, That said ferry, when established, shall be subject to the same regulations and under the same restrictions as other ferries are, or may hereafter be by law of this territory, prescribing the manner in which licensed ferries shall be kept and regulated. SEC. 2. It shall be lawful for the said Charles Addis, his heirs and assigns, to receive and collect the following rates of toll for ferriage upon said river: For each foot passenger.... 66 loose animals other than sheep or hogs....... one wagon, one span of mules, horses or yoke additional pair of animals. riding or pack animal........... sheep or hogs each....... 8 50 50 4 00 1 00 1 50 20 SEC. 3. The county commissioners of the county in which the said ferry is or may be situated, shall have power to alter the foregoing ferry rates after two years, upon the petition of thirty bona fide citizens of said county; but nothing herein contained shall be so construed as to prevent the legislature from altering or amending the foregoing ferry rates after the passage of this act. SEC. 4. The said Charles Addis, his heirs and assigns, shall, within five months after the passage of this act, procure for said ferry a good and sufficient flat boat or boats, with a small boat, which shall be kept at all times at the said ferry, with sufficient hands to work the same, for the transportation of all persons and property across the said river without delay, and should the laws which may hereafter be in force in this territory be violated by the said Charles Addis, his heirs or assigns, or if no good and sufficient flat boats, with hands sufficient to work the same, be provided within the time required by this act, upon proof thereof being made to the satisfaction of the board of county commissioners of said county, then this act shall be void and of none effect. SEC. 5. This act shall take effect and be in force from and after its passage. APPROVED, February 2nd, 1864. AN ACT To authorize Wesley Mulkey to establish and maintain a Ferry on Clearwater river. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows: SECTION 1. That Wesley Mulkey, his heirs or assigns, be, and they are hereby authorized to establish and maintain a ferry across the Clearwater river in Nez Perce county, in said territory, commencing at a point about two miles from a ferry located on the Clearwater river at Lewiston, and to land and deposit from each shore of said river, and extending from said point up and down said river on each side thereof, for one mile each way; and that the said Wesley Mulkey, his heirs and assigns, have the exclusive privilege of ferrying across said river within the above limits for the term of six years from the passage of this act; Provided, That said ferry when established, shall be subject to the same regulations and under the same restrictions as other ferries are, or may be by the laws of said territory, prescribing the manner in which ferries shall be kept and regulated. SEC. 2. That it shall be lawful for said Wesley Mulkey, his heirs and assigns, to receive and collect the following rates of toll for ferriage upon said ferry: For each wagon or carriage, with two animals attached..$ 4 00 additional span, or yoke of cattle... 66 66 man and horse....... "pack animals, each...... foot passenger... (6 loose cattle or horses, each...... "sheep and hogs, each...... 1 00 1 50 1 50 50 50 20 SEC. 3. The county commissioners of the said county in which said ferry is or may be situated, may at any regular term of said commissioners' court, regulate and fix the rate of toll to be received by said Wesley Mulkey, his heirs or assigns, after which, he or they shall only be authorized to receive the rate of toll so fixed by said commissioners' court. SEC. 4. That the said Wesley Mulkey, his heirs or assigns shall within one year from the passage of this act, procure and keep at the said ferry, a sufficient number of flat boats, and the necessary number of hands to work them to transport persons and their property without delay. SEC. 5. This act to take effect and be in force from and after its approval by the governor. APPROVED February 4th, 1864. AN ACT Authorizing A. J. Mallet, his associates and assigns, to construct an Electro Telegraph Line, between a point on Snake river opposite the junction of the boundary lines of the State of Oregon and the Territory of Washington, to the dividing line between Idaho Territory and Utah Territory. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows: SECTION 1. That the right and privilege be and the same is hereby granted to A. J. Mallet, his associates and assigns to construct and put in opperation an electro telelegraph line from a point on Snake river, opposite the junction of the boundary lines between the state of Oregon and territory of Washington, by the way of Placerville, Bannock City, in Boise county, to the dividing line between Idaho territory and Utah territory, following the nearest and most practicable route leading from the point aforesaid, on Snake river, to Salt Lake City in Utah territory, with the right of way over any lands under the control of the authorities of the territory of Idaho, and over and along any streets, alleys, public roads or highways or over any water courses; provided that no obstruction is made to travel on the public highway or to navigation by the erection of said electro telegraph line. SEC. 2. This line when constructed shall be bound to do the business of other lines connected therewith, but no other line shall do business over this line (except by agreement) between the points before named, or intermediate points or places. SEC. 3. This line shall be bound to transmit all dispatches, in the order in which they are received, under a penalty of one hundred dollars to be recovered with costs of suit by the person or persons suffering damages therefrom; Provided, however, That an arrangement may be made with the proprietors or publishers of newspapers for the transmission of intelligence of a general character, out of the general order, when intended for publication; and Provided, further, That in case of war or insurrection, preference shall be given to the despatches of officers of the army and navy of the United States, when such despatches relate to their official duties, and preferences shall be given to the sheriffs and other officials for the transmission of intelligence having for its object the capture or apprehension of criminals or fugitives from justice. SEC. 4. The party named in the first section of this act or his associates or assigns, shall proceed within one year from the passage of this act, to incorporate themselves under its provisions, by giving notice through the columns of at least one newspaper printed in this territory, of the first meeting of the stockholders, stating the time and place when said meeting will be held. SEC. 5. The management of this company shall be vested in five directors, to be chosen by the stockholders, who shall hold office for one year, and until their successors are elected and qualified, and a majority of said directors shall constitute a quorum to do and transact all business, to elect a president of the board who shall be president of the company, and they shall have power to elect a clerk and treasurer and such other officers or agents as they may determine, and said board of directors shall have power to make all such rules and by-laws as they shall see fit, not repugnant to the laws of congress or of this territory. SEC. 6. The annual meeting of the stockholders of the corporation shall be held on the day prescribed by the by-laws and at such place as the directors for the time being shall appoint, or the by-laws prescribe. SEC. 7. The capital stock of this corporation shall be any sum not exceeding one hundred thousand dollars, in shares of hundred dollars each, and whenever the sum of five thousand dollars shall be subscribed to the capital stock, the corporation shall have power to make assessments, collect the same, and proceed to the erection or construction of the line; Provided, That the work necessary to the construction of this line shall be commenced within twelve months from the passage of this act; and Provided, further, That the line shall be completed within five years. SEC. 8. This act to take effect and be in force from and after its approval by the governor. APPROVED, February 2d, 1864. |