Shall have right

of way.

Certain lands granted to rail

roads.

company.

SEC. 4. The said company are hereby authorized, and shall have the right of way upon, and may appropriate to its sole use and control, for the purposes contemplated herein, land, not exceeding one hundred feet in width, through its entire length, upon such route as may be determined; and, for the purposes of depots, side-tracks, cuttings and embankments, for building engine houses and shops, or wood and water stations, may take more land, earth, or material, as may be necessary for the construction or completion, operation, preserving and maintaining said road.

SEC. 5. All such lands, material, and privileges, belonging to this territory, or state hereafter, are hereby granted to such company for the purposes named in the previous sections of this act, and may construct said road on or across other railroads, common roads, rivers or streams, which it may intersect; but said company shall restore said railroad, common road, rivers or streams thus intersected in sufficient manner not to materially impair its usefulness.

Capital stock of SEC. 6. The capital stock of said corporation shall be ten millions of dollars, which may be increased from time to time to any sum not exceeding the amount expended on account of said road, divided into shares of fifty dollars each, which shall be deemed personal property, issued and tranferred as may be ordered by the directors or laws of said company.

All corporate powers vested in a

SEC. 7. All the corporate powers of said company shall be board of directors. vested in and exercised by a board of directors, and such officers and agents as they may appoint. The board of directors shall consist of thirteen persons, stockholders, at least three of whom shall be citizens of Kansas, who shall be chosen annually by the stockholders, each share having one vote by person or proxy, and continue in office until their successors are elected and qualified; vacancy in the board may be filled by a vote of two-thirds of the remaining directors.

President and directors may execute powers granted.

Power to establish by-laws,

rules, &c.

SEC. 8. The president and directors, for the time being, are hereby empowered, or their officers or agents, to execute all the powers herein granted for the purpose of surveying, locating, constructing and operating said railroad and branches, and for transporting of persons, goods and merchandise, and authority for the control and management of the affairs as may be necessary to carry into effect the intent of this act.

SEC. 9. The said company shall have power to make, ordain and establish such by-laws, rules and regulations deemed ex

pedient for the objects and interests of the company, provided they do not conflict with the laws of the United States or of the organic act. They shall have power to establish such rates. for transportation and collect the same, and matters and things respecting the use of said road, the transportation of persons or property, as may be necessary.

May enter upon lands for the pur

SEC. 10. It may be lawful for said railroad company, their agent or engineer, for the purpose of exploring, surveying or pose of exploring. locating said road, to enter upon any land, doing no unnecessary damage, without the consent of the owner, and may acquire by release, donation, or otherwise, any lands, and may hold the same or convey to others, or use the same in any manner deemed for the interests of said company.

If the right of

way cannot be ob

chase, &c.

SEC. 11. If said company can not obtain the right of way by purchase or otherwise, or if the owners refuse to agree upon tained by purthe terms, or where the owner is unknown, non-resident, idiot, or under age, either party may make application to the judge of the district court where the lands are situated, upon notice posted ten days in some public place, asking the appointment of commissioners to appraise the damages to the lands required for the purpose of the road.

Judge shall ap point commis

praisal.

SEC. 12. Upon such application being made to such judge, he shall appoint three disinterested persons to act as commissioners for apsioners for the appraisal of all such damages, taking into consideration the advantages as well as any injury to the parties interested in such lands; said commissioners shall, by public notice, appoint a time and place, and may adjourn, if necessary, for hearing the parties, and proceed to examine the lands, ascertain and determine the damages, if any, and under oath impartially and justly to appraise the lands necessary for the use of said company, and faithfully perform the duty to the best sioners. of their judgment and ability. They, or a majority of them, shall make up and sign the awards to the parties, embracing a description of the lands, and make a return of their doings to the judge of the district court. The commissioners making such appraisal shall be entitled to pay for their services of stoners. three dollars per day and ordinary travelling expenses, which shall be paid by said company.

Awards to be signed by commis

Pay of commis

Parties aggriev. ed by appraisal

SEC. 13. If either party feel aggrieved by such appraisal or award, he may appeal within twenty days after such award is may appeal. made known, by giving notice to that effect to the opposite party, otherwise both parties shall be bound by the award, and the

In case of appeal company may occupy. &c.

Punishment for those who shall

or trains.

amount shall be paid upon application of the person entitled to receive the same. In case of appeal, a bond shall be filed for the costs in court, to be paid by the party who shall be entitled to pay the same as determined by the court aforesaid.

SEC. 14. In case of appeal or disagreement in regard to the damages, the railroad company may occupy, for the purpose of construction of the road, by giving satisfactory security to the judge of said court for the ultimate payment of the damages so determined.

SEC. 15. If any person shall carelessly, wilfully or maliobstruct workmen ciously hinder, delay or obstruct the workmen, or the passage of trains, or shall place any obstruction on the track, or in any manner injure or destroy any tools, cars, or other property of said railroad, or pertaining to it, or aid o abet any persons in the commission of such trespass, all such persons shall forfeit and pay said company, agents and servants, treble the damages as shall be proven by any court, and shall be liable to indictment and imprisonment for a term not exceeding five years, in the discretion of the court who shall try the same.

Map and profile to be made.

When the company may be organiz d.

When citizens wish to take stock.

SEC. 16. Said corporation shall, within a reasonable time after said road or branches are definitely located, cause a map and profile to be made of the route of said road, and file the same in the office of the secretary of the territory.

SEC. 17. When fifty thousand dollars shall have been subscribed to the capital stock and ten per centum actually paid to the grantees herein named, and a certificate from a majority of them, duly authenticated, filed in the office of the secretary of the territory, they are authorized to organize the company and open books for further subscriptions, requiring payments or instalments from time to time; and in case of refusal or neglect on the part of stockholders to make payment as required, the shares of such delinquents may, after thirty days' public notice, be sold at auction, and the surplus, if any, deducting payments and interest, to be paid to each stockholder.

SEC. 18. When the citizens of any county or city of this territory are desirous of subscribing to the stock of said company, the citizens of such city or county are authorized to purchase, subscribe or hold shares, not exceeding one hundred thousand dollars in amount, as shall be determined by the county court or common council, making such subscription in all respects as stock owned by individuals; and such railroad com

pany may dispose of bonds issued for such stock by such county or city upon such terms as may be necessary.

SEC. 19. Subscriptions to the stock of said company may be made in land in the same manner as in cash, and said company are hereby authorized to hold, purchase and convey the same as they may deem for their interest.

SEC. 20. The company are hereby authorized to issue bonds. upon their roads, or hold and sell the same in such amounts, upon such terms above or below par, and at such rates of interest as may be determined, which shall be binding upon the parties interested.

Subscriptions

made in land the same as in cash.

Authority to issue bonds.

Commencement

and completion

SEC. 21. Said company shall commence the construction of said road within six years after the passage of this act, and of road. shall complete the same within twenty years thereafter.

SEC. 22. This c. pany shall have the power to make such contracts and agreements with other railroads which connect with or intersect the same, as may be mutually agreed upon by the parties, and shall be empowered to consolidate their property stock with each other; said articles of consolidation to be filed in the office of the secretary of this territory.

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

Approved February 20th, 1857.

Power to make contracts with other roads.

AN ACT to incorporate the Marysville or Palmetto and Roseport Railroad

Company.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows:

Railroad incor

SECTION 1. A company is hereby incorporated called the Marysville or Palmetto and Roseport Railroad Company, the porated. capital stock of which shall be five millions of dollars, to be divided into shares of one hundred dollars each, the holders of which, their successors and assigns, shall constitute a body corporate and politic, and by the name aforesaid shall have con- Powers. tinual succession, may sue and be sued, plead and be impleaded, defend and be defended against, and may make and use a common seal, and shall be able in law and in equity to make contracts; may take, hold, use, possess and enjoy the fee simple or other title in and to any real estate, and may sell and dispose of the same; may make by-laws, rules and regulations By-laws.

Names of direc

tors.

Organization.

Subscription

books.

When five hun

dred shares shall

be subscribed.

Election of directors.

Election of president.

Duties of directors.

proper for carrying into effect the provisions of this act, not repugnant to the constitution or laws of the United States, or of this territory, and shall have the usual and necessary powers of companies for such purposes.

SEC. 2. Robert M. Stewart, W. P. Richardson, F. J. Marshall, Richard Rose, Bela M. Hughes, John W. Forman, Willard P. Hall, A. M. Mitchell, Reuben Middleton, R. H. Jenkins, Fred. W. Smith, George S. Hall, and W. S. Brewster, shall constitute the first board of directors under this act, and shall hold their offices until their successors shall be qualified; they shall meet at such time as shall be designated by a majority of them and organize as a board of directors, and, when organized, they shall cause books to be opened for subscription to the capital stock of said company, at such times and places as they or any five of them may designate, under the supervision of such person or persons as they may appoint, and may continue them open so long as they may deem proper; and may re-open such books, when necessary, until the whole stock shall be subscribed.

SEC. 3. So soon as five hundred shares shall be subscribed, the directors shall cause an election to be held for not less than five or more than nine directors, at such time and place as they may appoint, and give notice by publication in three newspapers published in this territory.

SEC. 4. An election for directors shall be held on the second Tuesday of October in each year, and if not held on that day, an election may be held at any other time that the directors may designate; the election shall be held under the supervision of one or more stockholders, and the persons receiving the highest number of votes shall be elected, and shall continue in office till their successors be qualified. Every stockholder shall be entitled to one vote for each share held by him, and he may vote by proxy. Soon after their election, the directors shall meet and elect one of their number president, who shall hold his office for the term for which he was elected director, and until his successor shall be qualified.

SEC. 5. The directors shall appoint agents, clerks, cngineers, superintendents, and other officers and servants for said company; shall keep a journal of their proceedings, and cause correct books and accounts to be kept; they may determine by by-laws what number of directors shall constitute a quorum, and may appoint committees and fill all vacancies in any office