Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1901-09-17
Opinion by Massey. c. !.

Opinion by Massey, c. J.
The petitioner brings mandamus to
compel the respondent, the Board Of
County Commissioners of Esneralda
County, to execute lease to the pet
toner, granting the right to collect toll
on the Walker Lake and Bodie Toll
Road. for term of FIVE years, com
mencing on the first day of January
1900. 1t appears that on or about the
year of 1882, the petitioner constructed
said toll road under the provisions o.
our statute, and since that time has
continuously operated the same. Or
.the sth Of December. 1899. upon
the request OF he petitioner, the res
pondent made an order granting PET
toner the right to collect tolls on said
road for term of FIVE years, but sub
sequently rescinded the order and re-
fused to execute the lease upon de-
mand
Many cushions have been discussed
but it is necessary to consider only
one, and that involves the power of the
Board Of County Commissioners t.
execute the lease under the facts Of this
case Whatever power the Board has
III tHIS 1lIdtttl Is SlVcIl Nv SCStiOH y!
the Act of March 8, 1865 to nrovii"
for the construction of toll roads and
bridges in this State. as emended Feb
ruary 18th, 1877. Comp. Laws, Sec.
45o0
The section referred to reads as fol-
lows:
Upon the exriratIo, or forfeiture
of anv toll road franchise granted I'M
4 r ~.
case of the exniration or forfeiture q
any toll road franchise GRANTED under
the provisions of any other Act, whe
Their the same shall hove already han
pened or may hereafter happen. the
ownership of sid road, with all the
rights and privileges therefore re-
longing to the same, shall vest in the
county or counties in which said ronr
shall be located: and whenever the
same shall have hanDened or may here
after happen. the County Commission
ers of the proper County may declare
so much thereof as is within
their county free highway; provided
that in all cases falling within this sec
ton, the County Commissioners of TIL
proper county may give lease at
nominal rental of any such road where
on tOIS are HOW COlSClSu, CltIVi uHuS
the provisions of any act of the Leo
the consent of the County Cormiss
toner's aforesaid, to TIE proprietors
their successors or assignees of srcl
road, for term OF not to exceed nv
years. giving to such lessee the RICH
to collect tolls on such road, subjec'
however, to all the provisions of thi
49, he or
fixture Of any such lease and wheneve
and rs often as the same shall happier
the County Commissioners of the pro
per county, if they deem it expedien1
may give a new lease Of srcl, road upo
the like terms and conditions, for fl,
Their period of not to exceed five year
to the original or any other lessee, I'm
less said road passes through two o
more counties. in which case the orig
inal lessee or his assigns shall hav
preference"
This section as originally enacted
read as follows:
Upon the expiration or forfeiture Q
any toll road franchise the ownerschi
with all the rights and privileges sha
vest in the county or counties in whic
it is located and the County Commits
siorers may declare it free highwa
or they may collect tolls on such road
to keep them in good repair; provided
the County Commissioners may exten
the time of any expired franchises SO a
to allow the owners thereof to collet
tolls thereon for FIVE years, subject
all the provisions of this Act" (Sta
utes 1865. 1862
In 1875 this section was first amenc
cd and as amended reads as follows:
upon the expiration or forfeiture {
any toll road franchises, granted undo
the provisions of this Act, or any oth'
Act. the ownership of said road vii
all the rights and privileges theret'