AN ACT

Incorporating the Bannack Ditch and Mining Company, and granting a charter to the same, to locate and construct a Ditch with branches.

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

SECTION 1. George Coply, E. P. Lewis, N. J. Davis, George Wing, A. J. Smith, A. F. Graeter, W. C. Rheem, N. J. Brannard, their associates and successors, are hereby made and constituted a body politic under the name and style of the Bannack Ditch and Mining Company, with the ordinary powers and liabilities of corporations, with a capital stock of twenty thousand dollars, which may be increased to one hundred thousand dollars.

SEC. 2. The above named corporators shall have the exclusive authority to survey, lay out, construct and maintain a ditch, with necessary branches, for inlet and outlet, to and in the mines, in and about Grasshopper creek, in the territory of Idaho, of sufficient length and size to supply with water the mines opened or to be opened on said Grasshopper creek, below said ditch and its branches, and between the points at which water shall be received into said ditch, and a point down said creek six miles below Bannack city.

SEC. 3. The maximum rates at which said company may sell and furnish water from their said ditch to purchasers, shall be as follows, viz: One dollar per inch. for the first head, seventy-five cents per inch for the second head, fifty cents per inch for the third head, and twenty-five cents per inch for the fourth head, measured according to the custom of miners, under six-inch pressure.

SEC. 4. The said corporators, for the purpose of filling and keeping full their said ditch, shall have the exclusive right to the water of and in said Grasshopper creek (saving and excepting all prior and vested rights in and to the same), and of and in the branches of said creek, which flow into it from a southerly and southwesterly direction, and of and in the nearest branch of Horse Prairie creek, being the north fork of the same, and no other person or company shall take or use the waters in the streams above mentioned, above or at the points of supply of said ditch, in such manner or quantity as will in any way conflict with the right of said corporators, to first fill and keep full their said ditch with water from said streams.

SEC. 5. The rights and privileges in this act granted, shall be and continue for the term of ten years from and after the passage of this act, and this act shall take effect and be in force from and after its approval by the governor.

APPROVED, February 4th, 1864.

AN ACT

Granting to Hugh O'Neil, S. M. Hall and G. F. Simpson, the right to have and maintain a Ferry across the Snake or Lewis river, eight miles below the first junction of the road from East Bannack, to the Overland route.

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

SECTION 1. The exclusive right to maintain and operate a ferry across the waters of the Snake or Lewis river, at a certain point where the road from Bannack city and Stinking Water mines first strikes the Snake or Lewis river, and for one mile above and three miles below the said point, with the privilege of constructing a bridge instead, is hereby granted to Hugh O'Neil, S. M. Hall and G. F. Simpson, their associates and successors, for the term of ten years, with the privileges, and subject to the conditions prescribed by this act.

SEC. 2. So long, not to exceed ten years, as the said O'Neil, Hall, and Simpson, their associates and successors shall maintain, operate and carry on a good, safe and sufficient ferry, or maintain a good, safe, and sufficient bridge, between the points named, they shall be authorized to collect the following rates of toll, viz: For each wagon carrying two thousand pounds and under, four dollars; for each additional one thousand pounds, one dollar; and for each animal of any kind, ridden or driven loose, fifty cents.

SEC. 3. Said O'Neil, Hall and Simpson, their associates and successors, shall be held and obligated, from the first day of May of each year, until the river shall be so low that it can be forded with ease and safety, to keep said ferry or bridge in good, safe and sufficient order and condition for use by night and day, and so long as no bridge shall be constructed, they shall keep a competent ferryman, who shall transport travelers,

wagons and stock across said river promptly, by night and day, under penalty of all damages sustained and the forfeiture of this charter.

SEC. 4. No section or part of this act shall be so construed as to prohibit the county commissioners from exercising the same authority over said ferry or bridge as they are authorized to exercise over other licensed ferries or bridges, and they may on a petition signed by twenty bona fide citizens of the county in which said ferry or bridge is located, alter and fix the rates of toll at the expiration of two years after the passage of this act: Provided, That the said Hall & Co., and their associates do not interfere with the prior rights of any person or persons who have established a ferry on the said river at the places herein mentioned.

SEC. 5. This act shall take effect from and after its approval by the governor.

APPROVED, January, 28th, 1864.

AN ACT

To authorize H. D. Van Wyck, his heirs and assigns, to manufacture and sell Illuminating Gas in the towns of Bannock City and Buena Vista City, in Boise county.

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

SECTION 1. That H. D. Van Wyck, his heirs and assigns, be and are hereby authorized during the period of ten years next ensuing the approval of this act, to have and possess the exclusive privilege of supplying the towns of Bannock city and Buena Vista city, in the county of Boise, territory of Idaho, and the inhabitants and residents of said places, with illuminating gas.

SEC. 2. The said H. D. Van Wyck, his heirs and assigns, shall have authority to erect within the town limits of said Bannock city and Buena Vista city, the necessary buildings, works, and machinery, for the manufacture and production of illuminating gas, to make the necessary excavation in the public streets of said towns for the purpose of laying gas pipes therein, and to reopen the said excavations for the purpose of replacing and repairing the said gas pipes: Provided,

That the streets of said towns shall not be obstructed to an unnecessary degree, or for an unreasonable period of time, while said pipes are being laid.

SEC. 3. The said H. D. Van Wyck, his heirs and assigns, shall within the period of ten months from and after the ap proval of this act, commence the construction of the works nececessary for the manufacture or production of illuminating gas, and shall within the period of two years from and after the approval of this act, complete the same.

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

APPROVED, January 6th, 1864.

AN ACT

To incorporate the South Boise Wagon Road Company.

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

SECTION 1. That Daniel McLaughlin, Robt. A. Sidebottom and Julius Newberg be, and they are hereby constituted a body corporate under the name and style of the South Boise wagon road company.

SEC. 2. Said corporation shall have power in its corporate name to sue and be sued, to contract and be contracted with, buy and sell real and personal property, and have all the other necessary powers of a corporation.

SEC. 3. Said corporation is hereby invested with the necessary powers to construct and build a wagon road from the Idaho quartz lode, in Boise county, by the most practicable route, heretofore located by said Robert A. Sidebottom, to a point on Little Camas Prairie, in said county, where a small stream crosses the Emigrant road from Fort Boise to Fort Hall.

SEC. 4. Said corporation shall have the exclusive right to construct a wagon road on the route designated and within one mile of either side of the present line of said road, for the period of ten years, and shall be required annually to pay into the county school fund the sum of fifty dollars, on or before the first day of January in each year.

SEC. 5. It shall be the duty of said corporation to bridge

all the streams on said route so that the same may be passable on or before the first of July, one thousand eight hundred and sixty-four, and keep the road in good repair after that date.

SEC. 6. Said corporation shall be allowed and entitled to charge the following rates of toll on said road:

For each team of two horses, mules, or oxen and wagon...$4 00

additional team,...

horse and rider,..

100

100

1 00

75

15

SEC. 7. The said road shall be completed within the term of two years from the passage of this act, so that there shall be a safe and easy passage for loaded wagons over the same, under forfeiture of the powers and privileges hereby granted; and after four years from the passage of this act the county commissioners of Boise county may alter and amend the toll rates specified in section six of this act, upon the petition of at least twenty-five bona fide inhabitants of said county.

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

APPROVED January 22, 1864.

AN ACT

Authorizing N. C. Boatman his associates and assigns, to manufacture and sell Illuminating Gas, to the citizens of Placerville and its intermediate neighborhood in Boise County.

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

SECTION 1. That N. C. Boatman his associates and assigns be, and are hereby authorized to manufacture illuminating gas, for sale to the inhabitants of Placerville and its immediate neighborhood in Boise county, for a period of ten years from the passage of this act, excluding others, on condition that the said N. C. Boatman his associates and assigns comply with the provisions of this grant.