ry in good re keep said ferry and appurtenances in good order and repair, but Shall keep fershall be allowed a reasonable time to repair, or in case of a loss pair. of a boat, to procure another. SEC. 6. A non-compliance with the provisions of this Act, Non-comshall work a forfeiture of this charter. This Act to take effect and be in force from and after its AN ACT to Establish a Ferry across the Missouri River, at a point two miles below the City of Leavenworth. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: keep a ferry. Exclusive right SECTION 1. That David H. Mitchell and James Davis, their as- Authority to sociates, heirs, executors, administrators and assigns, shall have the exclusive right and privilege, for the period of ten years, privilege from and after the passage of this Act, of keeping and maintaining a public ferry across the Missouri river, at a point two miles below the original southern line of the city of Leavenworth, on the west side of said Missouri river, in the Territory of Kansas, and no other ferry shall be established across said river, within one and one half mile below a point, two miles below said original limit of said city of Leavenworth; and the landing of the ferry hereby established shall be at any point, within one and one half mile of which the individuals herein named, their associates, heirs, executors, administrators and assigns, may have the right of possession. boat to be kept. SEC. 2. The persons herein named, their associates or assigns, Safe and good shall at all times after the expiration of six months from the passage of this Act, keep a safe and good boat or boats, sufficient for the accommodation of all persons wishing to cross at said Rates of ferriage. Proviso. Shall file bond. Conditions. Remedy. ferry, and shall give prompt and ready attendance on passengers and teams an all occasions and at all times in the day from sunrise to sunset, and shall be permitted to charge for crossing at said ferry, the following rates: For each foot passenger, ten cents, for each horse, mare, gelding, mule or ass, with or without rider, twenty-five cents; for each two or two horse teams of one yoke of oxen with wagon or driver, seventy-five cents; for each additional horse or ox, ten cents; for each single horse or carriage, fifty cents; for each head of neat cattle, ten cents; each swine or sheep, five cents; Provided, that the county tribunal transacting business in the county in which said ferry is located may alter the rates of ferriage at any time. SEC. 3. The persons herein named, or their assigns, shall, within five months of the passage of this Act, and before entering upon the business of ferrying at the point herein designated, file or cause to be filed, with the clerk of the Probate Court of the county of Leavenworth, a bond to the Territory of Kansas, with two or more sufficient sureties to be approved by said clerk, in the sum of one thousand dollars, conditional that they will fulfil all the duties imposed upon them by this Act. SEC. 4. Any person who shall sustain any injury by the wilfull negligence or default of said persons herein named, or the ferryman in their employ, may have a remedy by an action upon the bond required by this Act. 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 9, 1858. J. W. DENVER, Acting Governor. CHAPTER XLI. FERRY AT PALERMO. AN ACT to Establish and Charter a Ferry across the Missouri River, at the City of Palermo, in the Territory of Kansas. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: and privilege to SECTION 1. That Barney H. York, George K. Sabin, and Exclusive right Frederick W. Emery, members of the Palermo City Company, keep ferry. their associates in said Company, and their successors and assigns, shall have the exclusive right and privilege, for the period of twenty years from and after the passage of this Act, of keeping and maintaining a public ferry across the Missouri river at the city of Palermo in the Territory of Kansas, and no other ferry shall be established within two miles of the present limits of the city of Palermo aforesaid. SEC. 2. That the parties aforesaid shall at all times keep a good and safe boat or boats, steam or flat boat, as the wants of the public may demand, in good repair, sufficient for the accomodation of all persons wishing to cross at said ferry, and shall give prompt and ready attention on passengers and teams on all occasions and at all hours of the day; Provided, that they shall not be compelled to run their boat or boats at any time when the person or persons acting as their pilot or pilots, shall deem it unsafe to cross the river on account of ice or to him or them other sufficient cause. Shall keep good and safe boats. Rates of fer riage. SEC. 3. That the parties aforesaid shall be permitted to charge, not to exceed the following rates of ferriage: For each passenger, ten cents; for each horseman, twenty-five cents; for each two horse or ox team loaded, one dollar and twenty-five cents; for each two horse or ox team without loading, one dollar; for each one horse carriage or buggy, fifty cents; for each additional horse, mule, ass, ox, cow, or calf fifteen cents; for each score of sheep or swine, one dollar; for every sheep or swine less than one score, ten cents each; for all freight of merchandise or lumber, not in teams, loaded and unloaded by the owner thereof, at the following rates: For lumber, one dollar and fifty cents per thousand feet; for all other articles, ten cents per hundred pounds. Persons wishing to cross at said ferry in the night, may be charged Rates shall be posted at landdouble fare, and a list of the aforenamed rates shall be posted at ing. the landing or crossing of said boat or boats; and any charge made or extorted by the aforesaid parties, or their successors, more than the rates herein fixed, shall create a forfeiture of the Shall execute rights and privileges under this Act. bonds. Conditions. Non-compli ance. SEC. 4. That the parties aforesaid shall, before proceeding to establish and put into operation said ferry, execute sufficient bonds, to be approved by the tribunal transacting business for the county in which the said city of Palermo is situated, conditioned that 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, injured 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. SEC. 5. That the said parties aforenamed shall be allowed eighteen months after the passage of this Act to procure à good and sufficient boat or boats for said ferry; and in case of accident or loss of a boat, they shall be allowed proper time to repair or replace the same. SEC. 6. That a non-compliance with the provisions of this Act, shall work a forfeiture of this charter. SEC. 7. That all acts or parts of acts conflicting with the provisions of this Act, be, and they are are hereby repealed. 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 12, 1858. J. W. DENVER, Acting Governor. CHAPTER XLII. FERRY AT SUMNER. AN ACT to Establish a Ferry across the Missouri River, at the Town of Sumner, Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: Exclusive right SECTION 1. That J. W. Morris, Cyrus F. Currier and Samuel Harsh, their associates, and heirs, and executors, and administrators, and assigns, shall have the exclusive right and privilege, and privilege to for the period of twenty years from and after the passage of this keep ferry. Act, of keeping and maintaining a public ferry across the Missouri river, at the town of Sumner in the Territory of Kansas, and no other shall be established within two miles of the present limits of said town of Sumner; Provided, that the ferry landing Proviso. on the west side of the Missouri river shall be restricted to the limits of said town of Sumner, unless a landing thereon be impracticable by reason of said [sand] or other immovable obstructions in the river. and good boat. SEC. 2. The said J. W. Morris, Cyrus F. Currier and Samuel Shall keep safe Harsh shall, at all times after the expiration of five months from the passage of this Act, keep a safe and good boat or boats, sufficient for the accomodation of all persons wishing to cross at said ferry, and shall give prompt and ready attendance on passengers and teams, on all occasions, and at all times in the day from sunrise to sunset, and shall be permitted to charge, not to exceed the following rates, for crossing at said ferry: For each Rates of ferfoot passenger, ten cents; for each horse, mare, gelding, mule or ass, with or without rider, twenty-five cents; for each two horse team or teams of one yoke of oxen, loaded or unloaded, with driver, seventy-five cents; for each additional horse or ox, ten cents; for each single horse and carriage, fifty cents; for cattle, except those attached to wagons or sleds, fifteen cents; swine or sheep, five cents. riage. filed. SEC. 3. The said J. W. Morris, Cyrus F. Currior, Samuel Bond to be Harsh, shall, within three months after the passage of this Act, file, or cause to be filed with the clerk of the Probate Court of the county in which said town of Sumner is situated, a bond to the Territory of Kansas, with two or more good and sufficient securities, to be approved by said clerk, in the penal sum of one' thousand dollars, conditioned that they will fulfil all the duties Conditions. that are imposed upon them in the foregoing section. |