CHAPTER XXXVI. Authority to keep ferry. Boat to be kept. Exolusive right to keep ferry. Shallexecute bond. Conditions. County tribu nal to fix rates of ferriage. FERRY FROM WABONSA TO WEBSTER CITY. AN ACT entitled" An Act to establish a ferry across the Kansas river, in Kansas Territory, from Wabonsa, in Richardson county, to Webster City, in Pottawattomie county. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows: SECTION 1. That R. H. Wateman, E. C. D. Lines, F. H. Hart, S. M. Thomas, H. M. Selder, and their associates and successors, under the name of the "Wabonsa and Webster City Ferry Company," be, and they are hereby authorized and empowered, to establish and keep a public ferry across the Kansas river, in the Territory of Kansas, for the term of twenty-five years, from and after the passage of this Act, and they shall have a landing on the south side of said river, on land adjoining the town site of Wabonsa, and on the north side of said river on land adjoining the town site of Webster city. SEC. 2. That the above named company hereby consent, promise and agree, that a good substantial ferry boat or boats, adapted to the wants of the public at Wabonsa and Webster city, aforesaid, shall be kept by them and their successors, the said boat or boats to be properly manned, attended and propelled and kept in good repair. SEC. 3. The said company and their successors, shall have the exclusive privilege of establishing and keeping a ferry at the point aforesaid, and within two miles above and two miles below, the said point, upon said Kansas river, for the period of twentyfive years; but the said company and their successors, shall execute a sufficient bond, to be approved by the tribunal transacting county business for the county, in which said Wabonsa is situated, and shall renew the same whenever required by said tribunal or other competent authority, conditioned that they will comply with the provisions and conditions of this Act; Provided, that the company hereby incorporated, shall not have any right or privilege to keep a ferry, or have a landing at any other point than that before described without the consent of all adjoining proprietors of land. SEC. 1. The tribunal transacting county business for the county embracing within its limits the town site of Wabonsa, shall, from time to time, or whenever they think proper, fix the rates of ferriage, and a list of the same shall be posted up at the landing of said ferry. SEC. 5. The said persons and their successors, so chartered, shall keep the said ferry and its appurtenances in good repair and condition, being allowed a reasonable time to repair in case of accident, or procure a new boat when necessary. SEC. 6. [That] the said persons so chartered, and their successors, shall not be required to commence running boats upon said ferry before the first day of July next. This Act to take effect and be in force from and [after] its passage. [Signed,] G. W. DEITZLER, Speaker of House of Representatives. President of the Council. Approved February 5, 1858. J. W. DENVER, Acting Governor. CHAPTER XXXVII. FERRY ACROSS THE KANSAS RIVER. AN ACT entitled "An Act to Charter a Ferry across the Kansas River in Kansas Be it enacted by the Governor and Legislative Assembly of keep ferry. clusive right. SECTION 1. That William Burtzer, his heirs and assigns, are Authority to hereby authorized to keep a ferry across the Kansas river, at or near the east line of lot No. two, (2,) of section No. thirty-four, (34,) in township number twelve, (12,) of range number twenty, (20,) in the Territory of Kansas, and shall have the exclusive Shall have exright and privilege of keeping a ferry, within the distance of one half mile on each side of said east line of lot number two, for the term of twenty years from and after the passage of this Act. SEC. 2. That the said William Burtzer shall keep a good and Substantial substantial boat or boats, sufficient to cross the traveling public, and shall cause the same to be manned by good and safe hands. SEO. 3. That the tribunal transacting county business for the al to fix rates county in which said ferry shall be situated, is hereby author boat to be kept. County tribun of ferriage. Shall keep in good repair. Non-compli ance. ized and required to determine and fix the fees for ferriage across said river, from time to time, as the same may be deemed proper. SEC. 4. That the said William Burtzer, so chartered, and his assigns, shall keep said ferry and its appurtenances in good order and repair, but shall be allowed a reasonable time to repair, or in the case of the loss of a boat, to procure another. SEO. 5. A non-compliance with the provisions of this Act shall work a forfeiture of this charter. This Act to take effect from and after its passage. G. W. DEITZLER, Speaker of House of Representatives. President of the Council. Approved February 12, 1858. J. W. DENVER, Acting Governor. Authority to keep a ferry. CHAPTER XXXVIII. FERRY AT ELWOOD. AN ACT to Establish and Charter a Ferry at the City of Elwood. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That D. S. Lusk, the Elwood Town Company, their associates, successors and assigns, be, and they are hereby authorized to establish and keep a ferry at the city of Elwood, opposite, or nearly opposite, the city of St. Joseph, and shall Shall have ex- have the exclusive right and privilege, for the period of twenty clusive right, &c. Proviso. Good and substantial boat to be kept. years from and after the passage of this Act, of keeping and maintaining a public ferry at the present limits of the city of Elwood aforesaid. Should the limits of the said city of Elwood be hereafter extended, then said ferry rights and privileges shall be extended likewise; and no other ferry shall be established within one mile of the aforesaid city limits; Provided, that the ferry rights and privileges herein granted shall be restricted to and confined within the limits of the city of Elwood aforesaid; And provided further, that the provisions of this Act shall not conflict in any way with previous charters. SEC. 2. That the above named parties agree that a good and substantial boat or boats, steam or flat, as the wants of the pub lic may demand, shall be kept in constant readiness at said ferry, to be properly manned and attended, and to be kept in good repair; Provided, the above named parties shall procure within twelve months after the passage of this act, a good and sufficient boat, or boats for said ferry; And provided further, they shall be allowed proper and necessary time to repair or procure a new boat, in case of accident or loss of a boat. how fixed. SEC. 3. That the tribunal transacting county business for the Rates of toll, county including the city of Elwood, may, from year to year, as they think proper, fix the rate of ferriage to be charged at said ferry, and a list of the same shall be posted at the ferry landing, and any charge made and extorted by said parties aforenamed, more than the rates prescribed by said tribunal, shall be and create a forfeiture of all their rights and privileges under this Act. SEC. 4. That said parties aforenamed shall, before proceeding To file bonds. to establish and put in operation said ferry, execute sufficient bonds to be approved by the aforesaid tribunal, conditioned that Conditions. they will comply with and fully observe all the conditions and provisions of this Act; the said bond to be filed in the office of the tribunal aforesaid, and may be sued on by any person aggrieved, Remedy of perinjured, or unnecessarily detained at said ferry; and a copy of the same, under the seal of said tribunal transacting county business, properly attested, shall be sufficient evidence of the contents of said bond, on the trial for damages. sons aggrieved. ance. SEC. 5. That a non-compliance with this Act shall work a for- Non-complifeiture of this Act. This Act to take effect and be in force from and after its Authority to keep a ferry. CHAPTER XXXIX. FERRY AT IOWA POINT. AN ACT to Establish a Ferry at Iowa Point, in the Territory of Kansas. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That W. B. Beeler, C. M. Williams, Wm. V. Barr, and R. M. Williams, their heirs and assigns, are hereby authorized to keep a public ferry across the Missouri River, at the town of Iowa Point, in the Territory of Kansas, for the term of fifteen years, from and after the passage of this Act, and shall have a landing on the West bank, within the limits of the town Shall have ex- of Iowa Point; also the exclusive right of ferry privilege for one mile up and down said river from said point: Provided, that they shall at all times keep a good and substantial boat or boats, adapted to the wants of the public, at the place, attended by hands in sufficient force to enable them properly to manage the boat or boats, and that they shall comply with all the regulations of this Act. clusive right to ferry. Proviso. Shall exeoute bonds. Shall file bond. Remedy. County tribunal to fix rate of ferriage. SEC. 2. The said persons before named, or their assigns, shall execute sufficient bonds to be approved by the tribunal transacting county business in and for the county in which the town of Iowa Point is or may be situated, and shall renew the same whenever required by said tribunal or other competent authority, conditioned that they will comply with all the provisions of this Act. SEC. 3. The said bond shall be filed in the office of said tribunal, and may be sued on by any person aggrieved, or injured, or unnecessarily detained by said ferry, and that a copy of the same under the seal of said tribunal transacting county business, properly attested, shall be sufficient evidence of the contents of said bond, on the trial had for damages. SEC. 4. The said county tribunal shall from year to year, whenever they think proper, fix the rate of ferriage to be charged at said ferry landing, or on the boat or boats. A list of the same shall be kept posted at the ferry landing, or on the boat or boats so used, and any charge made or extended [extorted] by the said persons, or their agents or employees, more than the rates fixed by said tribunal, shall work a forfeiture of all their privileges under this Act. SEC. 5. The said persons so chartered, and their assigns, shall |