, 1854-12-30

p Sec. 4. Every person intending to appl
for license to keep ferry at any place
: shall give notice of such intention, by post
ing up at least three notices in public pla
5 ceS in the neighborhood where the ferry i
: proposed to be kept, or by advertising il
the nearest newspaper published in tn,
territory, twenty days prior to any regulal
session of the board Of commissioners. a
r which the application shall be made; Pro
: rided, That when application shall be mad,
for renewal of Il license where the formcl
, license has expired, the same may be gran
ted or renewed, without previous notice OIL
petition
Sec. D. Every person applying for Ii
ccnsc to keep ferry shall, before the same
is issued, enter into bond with one OF
more sureties, to be approved by the CLERK
Of the commissioners in IL sum not less
\ than Que hundred, nor more than five hun,
dred dollars, conditioned that such person
will keep said ferry according to law, and
if default shall at any time be made in the
condition of such bond, damages not ex,
ceeding the penalty may be recovered by
any person aggrieved, before any court
having competent jurisdiction.
Sec. G. Every person obtaining a license
to keep ferry shall provide, and keep in
good aud complete repair, the necessary
boat or boats for the safe conveyance of all
persons and property, and furnish such
boats at all times with suitable oars, set.
ting poles, and other implements necessary
for the service thereof, and shall keep a
sufficient number Of discreet and skilful
men TO attend and manage the same, and
he shall also, at all times, keep the place
of embarking and landing in good order
and repair, by cutting away the banks Of
the stream, SO that persons aud property
may be embarked aud landed without dan
ger or unnecessary delay.
Sec. I. Every person obtaining license
as aforesaid, shall give constant and dill
gent attention to such ferry from daylight
in the morning until dark in. the evening Of
each day, aud shall moreover, at any hour
in the night, if required, except in cases of
evident danger, give passage to all persons
requiring the same on the payment Of dou-
BILE the rate Of ferriage allowed to be ta-
ken in the day time; and il he shall at any
time neglect or refuse to give passage to
any person or his property, he shall forfeit
aud pay to the party oggrieEed, for every
such offence, the sum Of twenty-five dol
lars, TO be recovered before any justice OF
the peace having jurisdiction, and he shall
moreover be liable in an action at law for
any special damage which such person may
have sustained in consequence Of such neg
lectpr refusal; but no forfeiture or DANA
ges Shall be recovered for failure or refu-
sal to convey any person or property across
such stream when it is manifestly hazard.
GUS to do so, by reason Of any storm, food,
or ice, nor shall any keeper of ferry be
compelled to give passage to any person
or property, until the fare or toll chargea-
BILE by law, shall have been fully paid, or
rendered to such keeper.
Sec. 8. Whenever the board of commits
sioners of any county shall grant license
to keep ferry across any lake or stream,
such board shall establish the rates Of fer
riage which may lawfully be demanded for
the transportation of persons and property
across the same, having due regard to the
breadth and situation of the stream, and
the dangers and difficulties incident thereto,
and the publicity Of the place at which the
same shall have been established; and eve
ry keeper Of o ferry, who shall at any time
demand and receive more than the amount
so designated for ferrying, shall forfeit and
pay to the party aggrieved for every such
offence the sum of ten dollars, over aud
above the amount which shall have been
illegally received, TO be recovered before
any justice Of the peace having jurisdic-
ton.
Sec. 0. Every person licensed TO keep a
ferry shall post up, in some conspicuous
place near his ferry landing, written or
printed list Of the rates of ferriage which
are chargeable by law at such ferry, which
list of rates shall at all times be written or
printed in plain lcgibe manner, and post
ed up so near the place where persons shall
pass across such ferry that the same may
be easily read; and if at any time such
keeper shall neglect or refuse to post and
keep up such list, it shall not be lawful tc
charge or take any ferrioge or compensa
tion at such ferry, during the time of sucl
delinquency
Sec 10. All persons shall be received
into the ferry boats and conveyed acros,
the stream, over which such ferry shall b.
established, according to their arrival a
the same, and if any keeper of ferry
shall act contrary to this regulation, b,
shall forfeit and pay the sum of ten dolari
for every such offence, to the party ag
grievcd, to be recovered before any justice
of the peace having jurisdiction; PrOridec
that public officers, on urgent business
post-ridcrs, couriers, physicians, surgeons
/, and midwiyes, shall, in all cases be frs
carried over where all cannot go at tht
, same time.
Sec. II. Every person licensed to kecT
ferry, according to the provisions Of thii
act, shall have the exclusiee privilege o
transporting all persons and property owe
; and across the stream, where such ferry i
: established, and shall be entitled to all tn
! r l. Al L !