That whenever any three or more persons, residents of this state, shall associate themselves together for the construction, operation and maintenance of any wagon road, wagon bridge or ferry in this state, under the provisions of this article, they shall file a certificate in addition to the articles and certificate now required by law, stating as near as possible the line or route and termini of such proposed toll wagon road, the name and place of the stream proposed to be crossed by such toll bridge or ferry, and with such certificate, must be filed by such corporation a plat or profile, with the county clerk of the county or counties in or through which such proposed toll road or ferry is to be built, constructed and maintained, which plat or profile shall show as near as possible the route of such proposed road and the place of constructing such bridge or ferry, showing in such certificate and plat or profile the distance along the stream on either side from said proposed bridge or ferry, proposed to be claimed as a franchise for such purposes, and from and after the time such certificate and plat or profile shall be filed as aforesaid, and after the same shall be presented to the board of county commissioners of any county in or through which the toll road, bridge or ferry is to be constructed, kept and maintained and the franchise therein claimed and allowed by the board of county commissioners as aforesaid, such corporation shall have the exclusive right, privilege and franchise so allowed by said board of commissioners, for the period of six months, and no longer, unless the board of county commissioners shall extend the time on petition in writing by the corporation so interested.

History: Laws 1891, ch. 44, § 1; C.L. 1897, § 1865; Code 1915, § 2719; C.S. 1929, § 64-1701; 1941 Comp., § 58-901; 1953 Comp., § 55-9-1.

Compiler's notes. — In Laws 1891, ch. 44, § 1, "county clerk of the county or counties" read "clerk of the probate court of the county or counties."

Meaning of "this article". — The term "this article," referring to Code 1915, ch. LII, art. X, was inserted by the 1915 Code compilers for "this act," referring to Laws 1891, ch. 44. The provisions of both "this act" and "this article" are presently compiled as 67-10-1 to 67-10-4 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Highways, Streets and Bridges §§ 618, 619, 623.

Grant of perpetual franchise, 2 A.L.R. 1105.

Effect of expiration of charter of turnpike or toll road company on title to road, 30 A.L.R. 206.

Duty and liability as to lighting bridge, 47 A.L.R. 355.

Power to collect tolls after expiration or forfeiture of charter, 47 A.L.R. 1288, 97 A.L.R. 477.

Liability as to construction and maintenance of toll bridges as respects heavy load, 68 A.L.R. 617.

Ferry facilities as within provision of statute in relation to local taxation of certain railroad property taxes, 80 A.L.R. 270.

State excise, privilege or franchise tax on ferry company, as affected by commerce clause, 105 A.L.R. 11, 139 A.L.R. 950.

Right of ferry company not having an exclusive franchise to protection against, or damages for, interference with its operations, property or plant by a competitor, 119 A.L.R. 456.

Duty as regards barriers for protection of automobile travel, 173 A.L.R. 626.

Municipality's power to lease or sublet ferries, 47 A.L.R.3d 19.

11 C.J.S. Bridges § 45; 36A C.J.S. Ferries § 13; 90 C.J.S. Turnpikes and Toll Roads § 14.