Page:1863-64 Territory of Dakota Session laws.djvu/135

 126 BRIDGES

limits specificd by this section, and for the period of time named in section one: Provided, That nothing in this act shall be so construed as to prevent any person or persons, corporation or corporations, from building a free bridge at any place over said river, nor to prevent any person or persons, corporporation or corporations from establishing and running a ferry free or for pay, within said limits, at any point where his or their land fronts on said river.

Sec. 3. Said bridge shall be completed on or before the first completed day of August, A. D. 1864.

Sec. 4. Said bridge shall, when completed, be substantial, safe and secure, with easy and convenient approaches, and a substantial railing, at least three feet high, on each side, extending along the entire length of the bridge and approaches; and the whole structure shall be‘ kept id good repair for the safe crossing of teams, persons and animals, during the time that it is used as a toll bridge.

Sec. 5. Whenever the owner or owners of said bridge shall fail to keep the same in repair and condition required by the preceding section, the franchise, rights and privileges granted by this act, shall cease: Provided, That if said bridge be, at any time, destroyed or damaged by high water, floating ice, or fire, the owner or owners thereof shall have reasonable time to rebuild or repair the same.

Sec. 6. Before said bridge shall be used as a toll bridge, the owner or owners thereof shall execute and file in the office of the register of deeds of Yankton county, a bond to the Territory of Dakota, for the use of the public, or any person complaining, in the penal sum of one thousand dollars, with good and sufficient surety or sureties, to be approved by said officer, conditioned that the owner or owners of said bridge shall observe and fulfil [sic] all the requirements of this act. The county commissioners of Yankton county may, at any time, when deemed necessary, require additional security, and may require a new bond, conditioned as above, in any sum not exceeding five thousand dollars.

Sec. 7. Any person or persons, corporation or corporations, who shall suffer injury or loss to person or in property, from any violation, on the part of the owner or owners of said