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have the exclusive privilege of ferrying upon said river for a distance of two and a half miles up and down said river from th 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 may hereafter be by laws of this territory, prescribing the manner in which licensed ferries shall be kept and regulated.

SEC. 2. It shall be lawful for the said James Silcott, his heirs and assigns, to receive and collect the following rates of toll for ferriage upon said river, viz:

For each foot passenger....................

66

66

66

loose animal other than sheep or hog..

wagon, one span of mules, horses or yoke of

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sheep or hogs each.........

.$ 50

50

4.00

1 50

1 50

20

SEC. 3. The board of county commissioners of the county in which said ferry is or may hereafter be located, shall have power to alter the foregoing ferry rates, after two years, upon the petition of thirty bona fide citizens of the county in which said ferry is or may hereafter be located; but nothing herein contained shall be so construed as to prevent the legislature from altering or annulling the foregoing ferry rates after the passage of this act.

SEC. 4. The said James Silcott, his heirs and assigns, shall, within four months after the passage of this act, procure for said ferry a good and sufficient flat boat or boats, with one small boat, which shall be kept at all times at the said ferry, with sufficient hands to work them for the transportation of all persons and their 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 James Silcott, his heirs. or assigns, or, if no good and sufficient flat boats, with hands sufficient to work them, be provided within the time required by this act, upon proof thereof being made, to the satisfaction of the board of county commissioners of the county in which said ferry is or may hereafter be located, then this act shall be void and of none effect.

SEC. 5. This act to take effect and be in force from and after its approval by the governor.

APPROVED, January 2nd, 1864.

AN ACT

To authorize S. A. Woodward and L. P. Brown to construct and maintain a Toll Road from Brown's Mountain house, in Nez Perce county, to Forence, in Idaho county.

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

SECTION 1. That S. A. Woodward and L. P. Brown, their heirs and assigns, be and are hereby authorized to construct and maintain a toll road from what is known as Brown's Mountain house in Nez Perce county, along the most direct and practicable route to Florence, in Idaho county, for the period of ten years after the approval of this act by the governor, and for this purpose the right of way over and along said route when situated, and for the distance of one mile on either side of said route, is hereby exclusively granted to said Woodward and Brown, their heirs and assigns.

SEC. 2. That it shall be the duty of said Woodward and Brown, or their heirs and assigns, to construct within eighteen months from the passage of this act, a good wagon road, with substantial bridges and culverts over and along said route, for the safe and speedy transportation of persons and property, and keep the same in good repair and condition at all times.

SEC. 3. That whenever said parties have so far constructed said road as to admit the passage of horsemen, pack animals, and loose stock over said route, they shall be authorized to erect a toll gate somewhere upon the line of said road, and receive toll as prescribed in this statute.

SEC. 4. That whenever said parties have completed the construction of said wagon road, so as to admit the safe passage of wagons and teams over said route, they shall be authorized to receive toll for such wagons and teams, as prescribed in this act: Provided, That said wagon road shall be completed and in good condition for the passage of wagons and teams within two years from the date of this act, otherwise this charter shall become forfeited.

SEC. 5. The said Woodward and Brown, their heirs and assigns, shall be at liberty to charge and collect from persons traveling over and along said road, toll at the following rates, viz:

For each wagon or vehicle drawn by one span of horses

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or mules, or one yoke of cattle.... additional animal.....

horseman.........

loaded pack animal.........

66 loose cattle, per head...
"sheep and hogs, per head......

.$3.00

50

100

50

25

10

SEC. 6. The county commissioners of Idaho county, after the expiration of three years from the date of this act, shall have authority to alter or modify the above rates of toll, as in their judgment the public interests may require.

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

Establishing Counties, County Boundaries and County Seats, East of the Bitter Root Mountains.

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

SECTION 1. 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 Missoula county, to-wit: Commencing at the point of intersection of the parallel latitude forty-nine degrees with the line of longitude one hundred and sixteen degrees, thence along said line of longitude, south to the summit of the Bitter Root mountains, and along summit of Bitter Root mountains in a southern direction to the summit of Rocky mountains, and along said summit of Rocky mountains to summit of mountains dividing Deer Lodge valley from Bitter Root valley, in a northwesterly direction to meridian of longitude one hundred and thirteen degrees thirty minutes, and along said meridian one hundred and thirteen degrees thirty minutes to parallel forty-nine degrees, and along said parallel of latitude to place of beginning; and the county seat of said county of Missoula is hereby located at Wordensville.

SEC. 2. 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 Deer Lodge county, to-wit: Commencing at the point of intersection of the parallel of latitude forty-nine degrees with the line of longitude one hundred and thirteen degrees thirty minutes, thence along said forty-ninth parallel to meridian of longitude one hundred and twelve degrees, and thence south along said one hundred and twelfth meridian to the summit of the Rocky mountains, and along said summit in a southern and western direction to boundary line of Missoula county, and thence in a northerly direction along said boundary of Missoula county to place of beginning; and the county seat of said county of Deer Lodge, be and the same is hereby located at Idaho city (near the Cottonwood fork of Deer Lodge river).

SEC. 3. 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 Beaver Head county, to-wit: Commencing at summit of the Rocky mountains where the Salt Lake and Deer Lodge road crosses the summit of said Rocky mountains, and from thence in a direct line to the Point of Rocks on Beaver Head creek, and from thence in direct line south to summit of Rocky mountains, and along the summit of Rocky mountains to place of beginning; and the county seat of said county of Beaver Head, be and the same is hereby located at Bannack city.

SEC. 4. 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 Madison county, to-wit: Commencing at the point where the line of longitude one hundred and eleven degrees crosses the summit of Rocky mountains, and thence along said longitude one hundred and eleven degrees, to parallel of latitude forty-five degrees forty-five minutes, and thence along said parallel forty-five degrees forty-five minutes to the boundary of Beaver Head county, and thence along said boundary of Beaver Head county to the summit of Rocky mountains, and thence along said summit to place of beginning; and the county seat of said county of Madison, is hereby located at Virginia city.

SEC. 5. 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 Jefferson county, to-wit: Commencing at the point where the parallel of latitude forty-seven degrees and longitude one hundred and twelve degrees intersects, and along said parallel of latitude

forty-seven degrees to longitude one hundred and nine degrees, and along said meridian one hundred and nine degrees, south to parallel forty-five degrees, and along said parallel of latitude forty-five degrees, to boundary of Madison county, and thence along said boundary north to forty-five degrees forty-five minutes, and thence west to Beaver Head county, and thence along the boundary of said Beaver Head county to summit of Rocky mountains, and thence along said mountains to meridian of longitude one hundred and twelve degrees, thence north along said meridian one hundred and twelve degrees to place of beginning; and the county seat of said Jefferson county, be and the same is hereby located at the town of Gallatin.

SEC. 6. 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, known as Choteau county, to-wit: Commencing where parallel of latitude fortyseven degrees and meridian of longitude one hundred and twelve degrees intersect, and from thence along said parallel forty-seven degrees to meridian of longitude one hundred and eight degrees, and north along such meridian to forty-ninth parallel of latitude, and from thence along said parallel forty-nine degrees to meridian of longitude one hundred and twelve degrees, and from thence south along said meridian one hundred and twelve degrees to place of beginning; and the county seat of said county of Choteau, be and the same is hereby located at the town of Fort Benton.

SEC. 7. 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 Dawson county, to-wit: Commencing at the intersecting point of par allel of latitude forty-seven degrees with the meridian of longitude one hundred and eight degrees, and thence along said parallel forty-seven degrees to meridian of longitude one hundred and four degrees, and from thence along said meridian north to forty-ninth parallel of latitude, and from thence along said parallel forty-nine degrees, to meridian of longitude one hundred and eight degrees, and from thence south along said meridian to place of beginning; and the county seat of said county of Dawson, be and the same is hereby located at Fort Andrew.

SEC. 8. 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 Big Horn county, to-wit: Commencing at the point of intersection of parallel of latitude forty-seven degrees and meridian of lon

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