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gate toll so collected shall not exceed the rates specified in section two of this act.

SEC. 4. The said parties, their heirs and assigns, shall have and employ all the rights and immunities thereunto belonging or 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 said parties, their heirs and assigns, for the term of twenty years: provided, that within one year from the passage of this act, they cause the line of said road to be surveyed, located, and distinctly marked, and within two years from the passage of this act, they commence the construction of said road, and, within five years, they complete said construction, so that it will be passable for wagons-otherwise the right to construct shall be forfeited. Said parties, after its completion, shall keep the same in good order and condition, and shall establish and 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 posted thereon.

SEC. 6. The said road, after the expiration of ten years from its construction, shall be subject to the same regulations and under the same restrictions as other roads are or may be by the laws of this territory prescribing the manner in which roads shall be kept and regulated: provided, that nothing in this act shall be so construed as to allow any interference with, or obstructions to, the present traveled trail.

SEC. 7. On or before the first day of December, A.D. eighteen hundred and sixty-five, the said parties, their heirs and assigns, shall cause to be executed and filed, in the office of the secretary of the territory, a bond in the sum of one thousand dollars, to be approved by the governor, and payable to the territory of Idaho, for the faithful performance of the conditions specified in section four of this act, in default of which performance, said bond to be valid; otherwise, to be void.

SEC. 8. This act to take effect and be in force from and after its approval by the governor.

APPROVED, December 20th, A.D. 1864.

CHAPTER XXXVI.

AN ACT

FOR THE RELIEF OF THE CLERKS OF THE CODE COMMISSION.

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

SECTION 1.

That the auditor of this territory is hereby ordered to audit and allow the claims of S. R. Howlet, as chief clerk of the code commission, during the session of eighteen hundred and sixtythree and eighteen hundred and sixty-four, the sum of four hundred dollars; also, that the auditor is also ordered to audit and allow to W. Besse the sum of one hundred and eighty dollars, as assistant clerk for the above-named services of eighteen hundred and sixty-three and eighteen hundred and sixty-four, and that the treasurer will pay the same out of any moneys not otherwise appropriated.

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

APPROVED, December 22d, A.D. 1864.

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CHAPTER XXXVII.

AN ACT

FOR THE RELIEF OF FRANK KENYON.

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

SECTION 1. That the sum of one hundred and twenty-six dollars is hereby appropriated out of any moneys in the territorial treasury not otherwise appropriated, for the use and benefit of Frank Kenyon, for printing the territorial auditor and treasurer's reports for the year A.D. eighteen hundred and sixty-four; and it is hereby made the duty of the territorial auditor to draw his warrant on the territorial treasury in favor of Frank Kenyon for the said sum of one hundred and twenty-six dollars.

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

APPROVED, December 22d, A.D. 1864.

CHAPTER XXXVIII.

AN ACT

TO PROVIDE FOR THE COMPENSATION OF BENJAMIN F. LAMKIN, FOR SERVICES RENDERED THE TERRITORY, AS TERRITORIAL AUDITOR.

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

SECTION 1. That there shall be and hereby is appropriated out of the territorial treasury the sum of eighteen hundred dollars, to be paid to Benjamin F. Lamkin, for his services as territorial auditor, from the twenty-third day of September, A.D. eighteen hundred and sixty-three, to the twenty-fourth day of December, A.D. eighteen hundred and sixty-four.

SEC. 2. That the territorial auditor be, and is hereby authorized and directed to draw a warrant on the territorial treasurer, for the sum of eighteen hundred dollars, in favor of and payable to the order of Benjamin F. Lamkin.

SEC. 3. That the territorial treasurer be, and is hereby authorized and directed to pay the said warrant out of any money in the territorial treasury, not otherwise appropriated.

SEC. 4. This act to be in force and effect from and after its approval by the governor.

APPROVED, December 21st, A.D. 1864.

CHAPTER XXXIX.

AN ACT

TO COMPENSATE S. B. DILLY FOR CERTAIN PRINTING FOR THE TERRITORY BY ORDER OF WILLIAM H. WALLACE AND THE LATE SECRETARY OF TERRITORY, W. B. DANIELS.

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

SECTION 1. That the territorial auditor be and is hereby required to draw a warrant on the territorial treasurer in favor of S. P. Dilly, for services rendered in printing proclamation and notice of an extra term of court, for the sum of one hundred and SEC. 2. This act to take effect and be in force from and after its approval by the governor.

APPROVED, December 22d, A.D. 1864.

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