property until the fare or toll, chargeable by law, shall have been fully paid or tendered to such keeper. SEC. 8. All persons who shall have obtained a license to keep any toll road, trail, bridge, or ferry, under the provisions of this act, shall post up and keep in some conspicuous place at each end of said bridge, trail, or road, or near the landing of such ferry, a written or printed list of the rates of charges, in a plain and legible style, so that the same may be easily read; and if at any time such keeper shall neglect or refuse to post up and keep such list, it shall not be lawful to charge or take any toll at such road, trail, bridge, or ferry during the time of such delinquency. SEC. 9. Any and all persons who shall have received a license to keep a bridge or ferry, by virtue of this act shall have the exclusive privilege of transporting all persons and property over or across the place or stream where such bridge or ferry is located, and shall be entitled to the fare arising by law therefrom, and shall be protected in such privilege within well established bounds, not to exceed two miles above and two miles below the point of location of such bridge or ferry: provided, that nothing herein contained shall be so construed as to prevent any person from crossing or passing over any place or stream within such bounds, free of charge, at certain seasons of the year when it shall not be necessary to use such bridge or ferry. SEC. 10. Any and all persons who shall keep, or attempt to keep, any toll road, trail, bridge or ferry, and receive toll or pay therefor, without first obtaining a license for the same, shall pay a fine of not less than fifty dollars for each offense, for the benefit of the common school fund, and for which suit may be instituted by any aggrieved party, before any justice of the peace having proper jurisdiction. SEC. 11. Whenever any toll road or trail shall be constructed partly in one county and partly in another, and whenever any bridge or ferry shall be established over any stream or water course which divides one county from another, the party desiring a license to keep and maintain such toll road, trail, bridge, or ferry shall apply to the board of county commissioners of each county respectively interested therein, and shall pay a relative proportion of such license tax to the respective county treasurers, as in this act provided, and it shall be the duty of the board of commissioners sitting at the county seat nearest to the terminus of such road or trail, or location of such bridge or ferry, to determine the total amount of such license tax the person or parties making such application shall be required to pay. SEC. 12. All grants of charters or franchises, by virtue of this act, to individuals or companies to construct roads and trails, shall include the right of way over the lands, water courses, or premises, so far as the same may be necessary to enable the party or parties receiving such charter, franchise, or grant to carry into effect the purposes and objects of such charter, franchise, or grant: provided, the same shall in no case conflict with the vested rights of others. SEC. 13. If any person or party licensed to keep a toll road, trail, bridge, or ferry, under the provisions of this act, shall fail to pay the tax or taxes assessed thereon when due, or shall not provide for and keep the same in good and complete repair, necessary for the safe travel and conveyance of persons and property, or shall abandon the same for the space of sixty days, it shall be lawful for the board of county commissioners of the proper county, on complaint being made in writing, to summon the person or party licensed to keep such road, trail, bridge, or ferry, to show cause why such license should not be revoked, and to decide thereon according to the testimony adduced, and the laws of this territory; which decision, when made, shall be valid to all intents and purposes, but subject to appeal, as in other cases, to the district court. SEC. 14. This act to take effect and be in force from and after its approval by the governor. APPROVED, December 20th, A.D. 1864. TO LEVY A TAX OF ONE PER CENT. OF THE GROSS PROCEEDS OF TOLL ROADS, BRIDGES, AND FERRIES, IN THIS TERRITORY, TO CONSTITUTE A GENERAL SCHOOL FUND. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. One per cent. of the gross proceeds of all toll roads, bridges, ferries, and all other franchises granted by legislative enactment in the territory of Idaho, or that may hereafter be established shall be paid into the treasury of the territory, to be set apart and to constitute a portion of the common school fund. SEC. 2. The grantees and their assigns of all toll roads, ferries, bridges, and all other franchises granted as aforesaid, that now are or shall hereafter be established in this territory, shall on oath, make semi-annual statements to the auditor of the territory, accompanied by the receipt of the treasurer of the county, of the gross amount of receipts derived from tolls received from any toll road, ferry, bridge, or other franchise in their possession or control. SEC. 3. All moneys received by the territorial treasurer by virtue of section two of this act, shall be set apart and made a territorial school fund, and shall be subject to the order of the superintendent of public instruction, and be apportioned among the respective counties of Idaho Territory as herein provided for. SEC. 4. Provided, that the grantees or their assigns shall re fuse or neglect to make such report, or pay over said money as provided by this act, or shall in any way make a false return or pay over a less amount than one per cent. of their gross receipts, such failure shall work a forfeiture of his or their franchise; and it shall be the duty of the territorial auditor to make out a certificate of such forfeiture with his seal of office attached, directed to the sheriff of the county in which the holders of such franchise have their place of business, directing said sheriff to serve the same immediately upon him or them at their place of business. SEC. 5. If any person shall undertake to exercise any of the rights of such franchise after receiving notice from the territorial auditor, as herein provided, of such forfeiture, he, she, or they shall be deemed guilty of a misdemeanor, and fined in any sum not exceeding one thousand dollars or be imprisoned in the county jail not exceeding six months, or both, at the discretion of the court, for every such offense. SEC. 6. The actual owners of any franchise shall upon his, her, or their paying all costs of serving the notices from the territorial auditor that may have accrued in any action commenced under the provisions of this act, and filing a receipt for the same, together with a receipt from the territorial treasurer for all moneys due under the provisions of this act, with the territorial auditor, then his or their disability shall be removed. And it shall be the duty of the county superintendent of common schools to prosecute all actions arising under this act, in the name of the territory of Idaho, in their respective counties. SEC. 7. This act to take effect and be in force from and after the first day of April, A.D. 1865. APPROVED, December 22d, A.D. 1864. CHAPTER XXXV. AN ACT TO ESTABLISH A WAGON ROAD FROM ELK CITY, NEZ PERCE COUNTY, TO THE WESTERN BOUNDARY OF MONTANA TERRITORY. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That Thomas Kirkpatrick, George Sears, A. P. Ankeny, Alonzo Leland, James Tufts, S. S. Slater, John Creighton, and George Zeigle, their heirs and assigns, are hereby granted the exclusive right and privilege to establish and maintain a tollroad from Elk City, Nez Perce County, along the most practicable route eastward, to the western line of Montana Territory. SEC. 2. The said parties shall have the right to charge and collect toll on each twenty miles of said road, so soon as completed, at the following rates, in gold or silver coin, or its equivalent. For each wagon with two animals.... additional team of two animals. 66 66 66 66 $2.00 75 75 50 25 10 SEC. 3. The said parties may establish toll-gates at one or more places on said road, and collect tolls thereat: provided, the aggre |