Page:United States Statutes at Large Volume 31.djvu/600

 548 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. negligence: Provided further, In any such action proof of willful intent on the partof the plaintiif therein to procure the killing or injury of any such stock in the manner aforesaid shall defeat the recovery of any damages for such killing or injury. msgjsaggggfgmlgggg Sec. 339. In any action authorized by this code service of summons me provisions or this or any other necessary process may be made upon any person, persons, °"“"°" company, or corporation, or his or their lessees or agents, owning or operating any railroad in the district, by personal service upon any authorized agent thereof residing or stationed in the precinct where ‘ such action is brought. CHAPTER Tuurrr-FOU1z. or THE nsrsnnrsnumuv AND nneunxrrox or Fnanms. soo. soo. 340. Ferry license. 348. List of rates to be posted up near 341. Payment therefor. ferry. _ 342. To whom license granted. 349. Persons to be ferried in the order of 343. Notice of application for license. arrival; penalty for nqt. 344. Undertaking of applicant. \ 350. Ferry keeper, exclusive right to 345._ General duties of ferry keeligs. transport. _ 346. Commissioner to iix regu fare; 351. How licensesto keep ferry forfeited. penalty for illegal fare. 352. Penalty for keeping ferry without 347. Cofgimissionens may alter rates of license. · re. · F¤¤·r1i<=¤¤¤¤- Sec. 340. The commissioner of any uprecinct in the district may grant a license to any person applying erefor to keep a ferry across any lake or stream within his precinct, upon being satisiie that·a ferry is.necessary at the point aépglied for, which_ license shall continue in force for a term to be iixe y the commissioner, not exceeding five years: Provided, however, Nothing in this chapter shall be so construed as to empower the commissioner of any precinct in the district to grant a license for aferry across any bay or arm of the sea. P¤v¤¤>¤* *¤¤¤¤*°*· Ec. 341. The commissioner shall tax such sum as shall appear reasonable, not less than one nor more than one hundred dollars per annum, for such license; and the person to whom such license shall be granted shall pay to such commissioner the tax for one year in advance, taking his receipt therefor; and upon the payment of such license taxa the commissioner shall issue such license under the seal of his office, and de sit. the sum so received with the clerk of the district court, who slrlxll turn the same, according to law, into the Treasury of the United States. Tgwghvm 1i¢¤¤¤¢ Sec. 342. Unless otherwise provided by law no such license shall be gm ‘ granted to any lperson otherthan the owner of the land embracing or adjoinintg suc ake or stream where the ferry is pro d to be kept, unless e landing place of such proposed ferry shalllulie on government land at the end of a street in an incorporated city or town, or unless the owner shall neglect to apply for such license; and whenever application shall be made for a license by any person other than such owner, the commissioner shall not grant the same unless proof be made that the applicant caused notice, in writing, of his intention to make such apphcation to be gigen to such owner, if residing in the precinct, at east thirty days fore the application before the commissioner is made, unless the landing place of such proposed ferry shall be at the end of a street in an incorporated city or town as aforesaid. _ ,,(};l°}j)g€ligg¤S¤g>Pli¤¤· Sec. 343. Every person_ intending to applly for a license  keep a ferry at anyplace shall give notice of suc intention by posting up notices in at east three public places in the neighborhood where the ferry is proposed to be kept thirty days prior to the time when appli-