CHAPTER 16. AN ACT TO GRANT THE RIGHT TO ESTABLISH FERRIES, Be it enacted by the Legislative Assembly of the Territory of Dakota : duration. SECTION 1. That each and every one of the following Rights, of what named persons, their heirs, executors, administrators, assigns, and legal representatives, shall have the exclusive right to establish and maintain ferries across the Big Sioux river within this territory. The said exclusive right to remain to them for the space of fifteen years, subject to all the provisions herein and hereafter provided. what privileges, SECT. 2. 1. To Austin Cole, and F. M. West, at a point Persons granted commencing at the centre of section No. 2, in township No. and where. 89, north of range forty-eight west, extending one mile up, and half the distance down, said river to Paul Paquette's house. 2. To Paul Paquette, commencing at a point opposite his house and running up said river to the line of said Cole and West's charter, and down said river to a point half the distance to John McBride's house or place of ferrying. 3. To John McBride, commencing at a point opposite his residence, and running up said river to Paul Paquette's charter line, and down said river one mile. SECT. 3. The rates charged for crossing at the above- Rates of fernamed ferries shall not exceed the following: t riage. Foot-passengers, each, 10 cts. For each horse, mare, mule, with or without rider, 15 " For two horse, two ox, or two mule team, loaded or For each single horse carriage, For each additional horse, mule, ox, or cow, All freight, lumber, merchandise, or other articles not Legislature reserves right to repeal. Take effect, when. SECT. 4. If the said parties to whom these grants are given, fail in any of the provisions of this charter, then this legislative assembly reserves the right to repeal said charters. SECT. 5. This act to take effect from and after its passage, and approval by the governor. Approved April 5, 1862. W. JAYNE, Governor. A. C. Van Meter granted CHAPTER 17. AN ACT GRANTING TO ARTHUR C. VAN METER AND HIS Be it enacted by the Legislative Assembly of the Territory of Dakota: SECTION 1. That Arthur C. Van Meter, his heirs, execuferry privilege. tors, administrators, or assigns, shall have the exclusive privilege, for the period of ten years, of keeping and maintaining a ferry across the Vermilion river, in the Territory of Dakota, at a point on said river, commencing where his ferry now is situated, opposite his dwelling-house, and extending up and down said river, as far as the land now claimed by him extends along the Vermilion river. File bond. His duties. SECT. 2. That said Arthur C. Van Meter, his heirs, executors, administrators, or assigns, shall, within six months after the passage of this act, file, or cause to be filed, in the office of the register of deeds of the county in which said ferry is situated, a bond to said county, for the use of the public, in the penal sum of five hundred dollars, with one or more sureties, to be approved by said register, conditioned that he, the said Arthur C. Van Meter, his heirs, executors, administrators, or assigns, will fulfil all the duties that are imposed upon him, or them, in this act; and in case of his or their failure or neglect to do so, he or they shall forfeit all the benefits that might have accrued to him or them from this act. SECT. 3. That said Arthur C. Van Meter, his heirs, exec utors, administrators, or assigns, shall, at all times, keep a safe and good boat or boats in good repair, for the accommodation of all persons wishing to cross said river at said ferry; and shall give prompt and ready attention to all passengers, teams, or freight, on all occasions, from sunrise to sunset, excepting in fogs and tempestuous weather. SECT. 4. Any person or persons who shall sustain any injury to person or property from the negligence or default of the person or persons in charge of said ferry, may have a remedy by a civil action upon the bond required in this act, in any court of competent jurisdiction. If person injured. SECT. 5. The rates charged for crossing at said ferry, shall Rates charged. not exceed the rates allowed by an act to regulate ferries on the Dakota river. posted. SECT. 6. Said ferryman is hereby required to keep a bill Rates to be of his legal rates posted up in some conspicuous place near or at said ferry. reserves right to SECT. 7. The legislative assembly do hereby reserve the Legislature right to repeal said charter, whenever the said Arthur C. Van repeal. Meter, his heirs, executors, administrators, or assigns, shall fail to comply with the provisions and requirements of this act. SECT. 8. This act shall take effect from and after its passage, and approval by the governor. Approved April 21, 1862. Take effect, when. . W. JAYNE, Governor. CHAPTER 18. AN ACT GRANTING TO JOSEPH LEMAY THE RIGHT TO ESTAB- Be it enacted by the Legislative Assembly of the Territory of Dakota : granted ferry SECTION 1. That Joseph Lemay, his heirs, executors, ad- Joseph Lemay ministrators, or assigns, shall have the exclusive right and privileges. privilege of keeping and maintaining a ferry across the Pem His duties. Rates of fer riage. bina river in the county of Kittson, at a point to be selected by him, within a mile from its mouth, for the period of fifteen years, and no other ferry shall be established within one mile either above or below said point on the said river. SECT. 2. That the said Joseph Lemay shall, at all times, keep a safe boat or boats, in good repair, sufficient for the accommodation of all persons wishing to cross said ferry, and shall give prompt and ready attendance on passengers and teams on all occasions, and at all times, both at night or day; but persons wishing to cross said ferry (at night) after nine o'clock, may be charged double the fare hereinafter prescribed. SECT. 3. The rates charged for crossing the above ferry shall not exceed the following: For each foot-passenger, 19 "horse, mare, mule, or ass, with or without 12" single horse carriage, with or without rider, . 25" two horse, two ox, or two mule team, File bond. Penalty for neglect, &c. loaded, with or without driver, . additional horse, mule, ox, or cow, CC swine or sheep, "lumber, per thousand feet, "all articles of merchandise, in barrels, 2" SECT. 4. The said Joseph Lemay shall, within six months after the passage of this act, file, or cause to be filed, with the clerk of the board of county commissioners, if the county wherein said ferry shall be located is organized, or as soon as the county wherein said ferry may be located is organized, with the clerk of the board of commissioners of said county, with two or more good, sufficient sureties, to be approved by the said commissioners, a bond, in the penal sum of five hundred dollars, conditioned that they will fulfil all the duties that are required of and imposed upon them by this act. And in case of failure to file such bond as aforesaid, they shall forfeit all the benefits that might have accrued to them from the passage of this act. SECT. 5. For every neglect in keeping good and sufficient boats, or failure to give prompt and due attendance, the said Joseph Lemay shall forfeit a sum not exceeding ten dollars, to be recovered by a civil action before any court having competent jurisdiction. injured. SECT. 6. Any person who shall sustain any injury, by the If person negligence of the said Joseph Lemay, or any ferryman in his employ, may have remedy on the bond required by this act. "of legislature. SECT. 7. The legislature may at any time alter, amend, Reserved rights modify, or repeal this act. when. SECT. 8. This act shall take effect and be in force from Take effect, and after its passage. 'Approved April 30, 1862. W. JAYNE, Governor. RAILROADS. CHAPTER 19. AN ACT TO INCORPORATE THE MISSOURI AND NIOBRARA Be it enacted by the Legislative Assembly of the Territory of Dakota : SECTION 1. That the persons hereinafter named in section thirteen (13) of this act be, and the same are hereby, made and constituted a body corporate and politic by the name and style of the Missouri and Niobrara Valley Railroad Company, with perpetual succession, and by that name and style shall be capable in law of taking, purchasing, holding, leasing, selling, and conveying real and personal estate and property, so far as the same may be necessary for the purposes hereinafter mentioned; and in their said corporate name to sue and be sued, to have a common seal, which they may alter or renew at pleasure; to have a capital stock of two millions of dollars, to be divided into shares of dollars each, which Powers of company. |