Ferry at Du

Buque chartered for twenty

years,

Proviso.

No court, &c.,

to authorize a

ferry to be kept

at Du Buque.

Conditions of the grant.

FERRIES.

AN ACT to authorize Timothy Fanning to establish and keep a Ferry across the Mississippi river, at the town of Du Buque.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That Timothy Fanning, his heirs and assigns, be and they are hereby authorized to establish and keep a ferry across the Mississippi river at the town of Du Buque, in the county of Du Buque, and to depart from and land at any place on the public landing of said town, which was set apart for public purposes by the act of Congress, approved 3d day of July, A. D. 1836, for the term of twenty years from the passage of this act: Provided, That said ferry, when so established, shall be subject to the same regulations, and under the same restrictions, as other ferries are, or may hereafter be, by the laws of this Territory, fixing the rate of toll, and prescribing the manner in which licensed ferries shall be kept and regulated.

SEC. 2. And be it further enacted, That no court, or board of county commissioners, shall authorize any person (unless as hereinafter provided for by this act) to keep a ferry within the limits of the town of Du Buque: Provided, That the said Timothy Fanning, his heirs or assigns, shall, within two years from the passage of this act, procure for said ferry a good and sufficient steam ferry boat, which shall be kept at said ferry for the transportation of all persons and their property across said river, without delay; and until said ferry boat shall be provided as aforesaid, the said Timothy Fanning shall keep at said ferry a good and sufficient number of flat boats, with a sufficient number of hands to work the same, for the transportation of all persons and their property across said river (when passable), without delay. Penalty for vi- And should the law regulating ferries now prescribed, olation thereof. or hereafter to be prescribed, be violated by the said Timothy Fanning, his heirs or assigns, or if no good and sufficient steam ferry boat be provided at the time required by this charter, upon proof thereof, to be made to the satisfaction of the board of county commissioners, or to the county court (as the case may be), of the county of Du Buque, the above charter, if so violated, shall be declared void, and said ferry shall thereafter be disposed of as other ferries

are under the laws regulating ferries. This act to be in force from and after its passage.

N. B. As far as this act may be construed to interfere with private rights Note by the -to vest in the county commissioners judicial powers-or to conflict with Governor. the provisions of the act of Congress referred to in the first section-I con

sider it will be void: in other respects valid. With this note of explana

tion, I give to it my assent.

APPROVED, December 14, 1838.

FERRIES.

AN ACT to authorize Joseph Williams and Charles Alexander Warfield to keep a ferry.

ty years.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That Joseph Ferry at BloomWilliams and Charles Alexander Warfield, their heirs ington charand assigns, be and they are hereby authorized to tered for twenestablish and keep a ferry across the Mississippi river. at Bloomington, in Muscatine county, and for one mile above and one mile below said town, to the east bank of said river, for the term of twenty years, from and after the passage of this act: Provided, Said Conditions of Williams and Warfield shall, within two years from the grant. the passage of this act, establish and keep, or cause to be kept, a good and sufficient horse or steam ferry boat at the place aforesaid, for the safe conveyance of passengers and their property across said stream, without delay: And provided also, That said ferry, when so established, shall be subject to the same laws, and under the same restrictions, as other ferries are or may hereafter be by laws enacted, or to be enacted, in this Territory (or State as the case may be), fixing the rates of toll, and prescribing the manner in which licensed ferries are or shall be hereafter established and attended to. And should the law regulating ferries in any way be violated, and Penalty for viproof be made to the satisfaction of any court of olating the act competent jurisdiction, then the above charter, so to regulate ferviolated, shall be declared void, and said ferry shall thereafter be disposed of as other ferries are under the laws regulating ferries: Provided also, That Rights saved. nothing in this act shall be so construed as to interfere with the right that any individual may have to the lands on either side of said river. Provided, nevertheless, That the owners of said ferry, before they shall occupy and use the landing on the said river,

ries.

which shall or may belong of right to any other individual or individuals, shall first obtain the consent of said individual or individuals to use and occupy the same.

APPROVED, December 14, 1838.

Ferry estab

ingham.

Limits.

FERRIES.

AN ACT to authorize John H. Sullivan and Adrian H. Davenport to establish and keep a ferry across the Mississippi river, at the town of

Rockingham.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That John lished at Rock- H. Sullivan and Adrian H. Davenport, their heirs and assigns, be and they are hereby authorized to establish and keep a ferry across the Mississippi river, at the town of Rockingham, in the county of Scott, within the following limits: commencing at a point in said town at the junction of Wapello street with said river, and extending from said point, up and down said river, one mile each way; and that said Sullivan and Davenport have the exclusive privilege of ferrying within the above limits for the term of twelve years: Provided, That said ferry, when so established, shall be subject to the same regulations, and under the same restrictions, as other ferries are or may hereafter be by the laws of this Territory, fixing the rates of toll, and prescribing the manner in which licensed ferries shall be kept and regulated.

Exclusive privilege for

twelve years.

Horse or steam

procured.

SEC. 2. And be it further enacted, That the said ferry boat to be John H. Sullivan and Adrian H. Davenport, their heirs and assigns, shall, within two years from the passage of this act, procure for said ferry a good and sufficient horse or steam ferry boat, which shall be kept at said ferry for the transportation of all persons and their property across said river, without delay; and until said ferry boat shall be provided as aforesaid, the said Sullivan and Davenport shall keep at said ferry a good and sufficient flat boat, with a sufficient number of hands to work the same, for the transportation of all persons and their property across said river, when passable, without delay.

Note by the
Governer.

SEC. 3. This act to take effect from and after its passage.

N. B. As far as this act may be construed to interfere with private rights, or the property of the United States, I consider it will be void; in other respects valid. With this note of explanation, I give to it my assent. APPROVED, December 17, 1838.

FERRIES.

AN ACT to authorize J. S. Kirkpatrick to establish and keep a Ferry across the Mississippi river, at Belleview.

for twenty

years.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That J. S. Ferry at BelleKirkpatrick, his heirs and assigns, be and they are view chartered hereby authorized to establish and keep a ferry across the Mississippi river, at the town of Belleview, in the county of Jackson, for the term of twenty years, from the passage of this act: Provided, That said ferry, when so established, shall be subject to the Under same same regulations, and under the same restrictions, as regulations and other ferries are or may hereafter be by the laws of this Territory, fixing the rate of toll, and prescribing the manner in which licensed ferries shall be kept and regulated.

restrictions as

other ferries.

SEC. 2. And be it further enacted, That said J. S. Horse or steam Kirkpatrick, his heirs and assigns, shall, within two ferry boat to be years from the passage of this act, procure for said procured. ferry a good and sufficient horse or steam ferry boat, which shall be kept at said ferry for the transportation of all persons, and their property across said river, without delay; and until said ferry boat shall be provided as aforesaid, the said J. S. Kirkpatrick shall keep at said ferry a good and sufficient number of flat boats, with a sufficient number of hands to work the same, for the transportation of all persons and their property across said river, when passable, without delay.

SEC. 3. This act to take effect and be in force from and after its passage.

N. B. As far as this act may be construed to interfere with private Note by the rights, or the property of the United States, I consider it will be void; in Governor. other respects valid. With this note of explanation, I give to it my assent. APPROVED, December 17, 1838.

FERRIES.

AN ACT to regulate Ferries.

com. court.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That no per- License to be son shall be permitted to keep a ferry across any obtained from stream, except the Mississippi river, running through or bounding on any county in this Territory, without having first obtained a license, from the county commissioners' court of the proper county, for the purpose, as hereinafter provided.

Notice to be

cant.

SEC. 2. That the person applying for such license given by appli- shall produce satisfactory evidence to the court, by the affidavit of the applicant, or otherwise, of his having given notice, by advertisement, set up in at least three public places in the township or neighborhood where the ferry is proposed to be kept, twenty days prior to the sitting of the court, of his intention to apply to such court for a license to keep a ferry.

Court authori

cense.

SEC. 3. That the court being satisfied that the nozed to grant li- tice hereby required has been given, that a ferry is needed at such place, and that the applicant is a suitable person to keep the same, are hereby authorized to grant to the applicant a license to keep the same for any term of time, not exceeding five years, on the applicant's paying into the county treasury of the proper county a sum to be fixed by the court, not less than two, nor more than fifty dollars annually; and on the applicant's producing the county treasurer's receipt for the payment of the sum so fixed, he or she shall receive from the clerk of the court a license, under the seal of the court, for a time not exceeding the term aforesaid, for which he or she shall pay the clerk the sum of fifty cents: Provided, That all ferries so established shall not be nearer than one mile of each other.

Proviso.

Rights of parties as to ferry

license.

Renewal.

Duties of ferry keepers.

SEC. 4. That the person owning or possessing land on both sides of any stream, where a ferry is proposed to be established, shall have exclusive right of a license for a ferry at such place, and when the opposite banks are owned by different persons, the rights to the ferry shall be mutual, but if the owner does not apply, the court shall grant a license to any person applying for the same, except where either of the landings are not in a public highway, the consent of the owner of the ground shall first be had in writing: Provided, When any person shall apply for a renewal of his license at the same place where he has kept the preceding year, the same may be granted or renewed without notice or petition.

SEC. 5. That every person obtaining a license to keep a ferry shall provide, and keep in complete repair, a good and sufficient boat for the safe conveyance of persons and property, and when the river or creek, over which the ferry is kept, is passable, shall, with a sufficient number of hands to work and manage the boat, give due attendance from daylight in the morning until dark in the evening; and shall