SEC. 3. The first election shall be held at the usual place of holding county elections in Boise City; and after the votes have been polled, shall be canvassed in presence of some justice of the peace for said city, who shall issue certificates to the successful candidates, when they shall be qualified, as provided for in a preceding section.

SEC. 4. This charter shall be submitted to a vote of the qualified voters residing within said city limits, at the first election of city officers, and shall not go in force unless a majority of all the votes cast, either for or against the same, be in favor of its adoption.

SEC. 5. This act to take effect, and be in force, from and after its approval by the governor, unless rejected at said election, as provided in the last section.

APPROVED, December 12th, A.D. 1864.

CHAPTER XXXII.

AN ACT

FOR THE INCREASE OF FEES OF CERTAIN OFFICERS OF ALTURAS AND ONEIDA COUNTIES.

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

FEES OF THE COUNTY CLERK.

SECTION 1. For filing all the papers sent on appeal from justice's court, in each cause, two dollars. For all other services the same fees as are allowed in the district court for similar services.

FEES OF CLERK OF PROBATE COURT.

SEC. 2. For issuing letters testamentary or of administration, two dollars. For certificate of appointing appraisers or guardians, two dollars. For writing and posting notices when required, for each copy, one dollar. For notice given by publication in addition to the cost of publication, one dollar. For recording wills, per folio, fifty cents. For all other services, the same as arc allowed the clerks of the district court for similar services.

cents.

FEES OF JUSTICES.

For

SEC. 3. For filing each paper, fifty cents. Issuing any writ or process by which suit is commenced, one dollar. For entering such upon his docket, fifty cents. For subpoena to each witness, fifty For administering an oath or affirmation, fifty cents. each certificate, fifty cents. For issuing writ of attachment or of arrest, or for delivery of property, two dollars. For entering any final judgment, per folio, for the first folio, one dollar; for each additional folio, fifty cents. For taking and approving any bond or undertaking directed by law to be taken or approved by him, one dollar. For taking a justification to a bond, one dollar. swearing a jury, two dollars. For taking depositions, per folio, fifty cents. For entering satisfaction of a judgment, fifty cents. For copy of judgment, order, docket proceedings, or paper in his office, for each folio, fifty cents. For issuing commission to take testimony, one dollar. For issuing supersedeas to an execution, fifty cents. And in all other cases the fees shall be the same as now allowed by law.

For

SEC. 4. This act to take effect on and after its approval by the governor.

APPROVED, December 12th, A.D. 1864.

CHAPTER XXXIII.

AN ACT

IN RELATION TO THE CONSTRUCTION OF BRIDGES, FERRIES, ROADS, AND TRAILS.

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

SECTION 2. Persons, company, or corporations shall give notice.

2. Apply to commissioners for license.

SECTION 1. It shall be lawful for any person or persons, company, corporation, or association, having the right of soil, or the consent of the owners thereof, or the right of way over any land, river, creek, swamp, ravine, crevice, or precipice, to construct wagon, plank, or turnpike roads or trails, or to build bridges and establish ferries, as in this act provided, at his or their own expense, and he or they shall receive such compensation in tolls as may be reasonable, and in accordance with the provisions of this act.

SEC. 2. Whenever any person or persons, company, corporation, or association, shall be desirous of constructing any toll road or trail, pursuant to the provisions of this act, he or they shall locate the

same by survey or otherwise, within properly designated bounds, and shall give notice of his or their intention to construct such road or trail, by posting up notices at each terminus of the proposed road or trail, and by advertising said notice in the nearest newspaper published in the territory. Said notices shall, as nearly as may be, describe the character, location, and distance of such road or trail, and of the different points at which the same shall commence and terminate; and also, that the parties proposing to construct such road and trail, will apply to the board of county commissioners of the county or counties in which such road or trail is located, at their regular session, which shall commence not less than thirty days from the date and publication of such notices for a license, fixing the rates of toll to be collected upon such road or trail. The board of commissioners shall read said application and make a record thereof in their record of proceedings, and upon the second day of their next regular term said petition shall be taken up and granted or rejected as shall by said board be thought proper. All licenses granted in pursuance of this section shall continue in force for a term to be fixed by the board of county commissioners, not exceeding five years.

SEC. 3. Whenever any person or persons, company, corporation, or association, shall be desirous of constructing any bridge, or establishing any ferry over or across any river, lake, creek, or stream, he or they shall signify such intention by posting up notices in at least three public places in the neighborhood where the bridge or ferry is proposed to be kept, and by advertising such notice in some newspaper published nearest to the place of such location. Said notice shall distinctly state that the parties proposing to establish such bridge or ferry, will apply for a license to the board of county commissioners of the county or counties in which such bridge or ferry is located, at their regular session, which shall commence not less than thirty days from the date and publication of said notice.

SEC. 4. The board of county commissioners of any county in this territory shall have authority to grant a license or licenses to any person or persons, company, corporation, or association entitled to, and applying therefor, under the provisions of this act, upon being satisfied that any such toll road, trail, bridge, or ferry, for which a license is requested, is necessary and will subserve the interests of the public, at the place of such location or point applied for: provided, that no license shall continue in force for a longer term than one year: and provided further, that whenever a license shall have expired, and application be made for a renewal thereof, the same may be granted or renewed without previous notice or petition.

SEC. 5. The board of county commissioners of each county

shall fix and regulate the rates of toll for all franchises granted by the provisions of this act within the limits of their respective counties, having due regard to the cost of construction, magnitude of the structure and expenses incident thereto, in keeping the same in i good repair. The board of commissioners shall also tax such sum as may appear reasonable, not less than twenty-five dollars nor more than two hundred dollars per annum for each license granted; and the person or parties to whom such license shall be granted shall pay to the county treasurer the tax for one year in advance, taking his receipt therefor, and upon the production of such receipt the clerk of the board of commissioners shall issue such license, with a statement of the rates of toll as fixed, under seal of the board of commissioners.

SEC. 6. Every person, company, corporation, or association applying for a license to keep a toll road, trail, bridge, or ferry, shall, before the same is issued, enter into bond with one or more sureties, 'to be approved by the clerk of the board of commissioners, in any sum not less than one hundred, nor more than one thousand dollars, conditioned that such person, company, corporation, or association, will keep said road, trail, bridge, or ferry, in all respects, according to law; and if default shall, at any time, be made in the condition of such bond, damages, not exceeding the penalty, may be recovered by any person aggrieved, before any court having competent jurisdiction.

SEC. 7. Every person, company, corporation, or association obtaining a license to keep a ferry, shall provide and keep in good repair the necessary boat or boats for the safe conveyance of all persons and property, and shall furnish the necessary oars and implements, and keep a sufficient number of discreet and skillful men to manage said boats, and shall at all times keep the place of embarking and landing in good order and repair, and shall also give constant and dilligent attention to such ferry during the hours of daylight, and shall, moreover, at any hour in the night, if required, except in cases of evident danger, give passage to all persons requiring the same, on the payment of double the rates of ferriage payable in the daytime; and if he or they shall at any time neglect or refuse to give passage to any person or his property, as herein provided, he or they shall forfeit and pay to the party aggrieved, for every such offense, a sum not less than twenty-five nor more than one hundred dollars, to be recovered before any justice of the peace having jurisdiction, and shall, moreover, be liable in an action at law for any special damages such person may have sustained by reason of such neglect or refusal; but no forfeiture or damages shall be recovered when it shall be manifestly unsafe or hazardous to convey such person over such stream, by reason of any storm, flood, or ice, nor shall any keeper of a ferry be compelled to give passage to any person or