that purpose may hold a strip of land, not exceeding one hundred feet wide; and may also hold sufficient lands for the construction of depots, warehouses and water stations, and may select such route as may be deemed most advantageous, and may extend branch railroads to any point in any of the counties in which said road may be located.

SEC. 8. Said company may take voluntary relinquishments of the right of way for said road, and the necessary water stations and depots; and if the land through which such road shall pass shall belong to minors, in whole or in part, the guardian or curator of such minors shall have power to convey to said company so much of the land as may be necessary for the purposes aforesaid, on fair and equitable terms; but every such conveyance by a guardian shall be subject to the approval or rejection of the probate court in which such guardianship is pending.

Of right of way.

If company can not purchase right

Commissioners

SEC. 9. If any owner of any tract of land through which said. railroad shall pass, shall refuse to relinquish the right of way of way. for said road to said company, or if the persons be infants, or persons of unsound mind, or non-residents of the territory, the facts of the case shall be specifically stated to the judge of the district or probate court of the county in which such lands are situated; and said judge shall appoint three disinterested per- appointed. sons, citizens of the county, to view said lands, who shall take into consideration the value of the land and the advantages and disadvantages of the proposed road to the same, and shall report under oath what damages will be done to said land, or any improvement thereon, stating the amount of damages assessed, and shall return a plat of the land thus condemned; notice of such application to such judge shall be given to the owner of such lands five days before making such application, if such Duties. owner reside in the territory, or to his guardian; and if such owner be a non-resident of this territory, he may be served with actual notice, or by an advertisement for four weeks in some newspaper published in this territory.

Assessors shall file report.

SEC. 10. The persons appointed to view and value such lands shall file their report and plat in the office of the clerk of the district or probate court in which the land, or part thereof, is situated; and if no valid objections be made to said report, the court shall enter judgment against said company for the amount of damages so assessed, and shall make an order vesting in said company the fee simple title of the land in such plat and report described. Objections to such report must be portions to re

Obje

Duties of judge.

Road may cross

other roads.

filed within ten days after the same shall be filed, which objections shall be examined by said judge, in term time or vacation; and he may hear testimony, and by judgment confirm said report, or he may set the same aside, and appoint three other viewers, who shall proceed in the same manner, and make their report until their report shall be confirmed. In all such cases the court shall have power to make such orders, and take such other steps, as will promote the ends of justice between the owners of said land and said company.

SEC. 11. Said company may build said road along or across any territorial or county road, or the streets of any town or city, and over any stream or highway; but whenever said road. shall cross any territorial or county road, said company shall keep good and sufficient causeways, or other adequate facilities for crossing the same; and said railroad shall not be so constructed as to prevent the public from using any road, street or highway, along or across which it may pass; and when said railroad shall be built across any navigable stream, said company shall erect a bridge sufficiently high on which to cross, or shall construct a draw-bridge, so that in no case shall the free not be obstructed. navigation of such stream be obstructed.

Navigation shall

Time of construction.

ny.

SEC. 12. Said company shall commence the construction of said road within seven years, and shall complete the same within ten years thereafter; and said company shall have general Powers of compa- power to use, manage, control and enjoy said railroad; shall determine what kind of carriages shall be used thereon, and by whom and in what manner; and shall determine the terms, conditions and manner in which merchandise, property and passengers shall be transported thereon; and shall have power to construct and keep such turnouts, gates, bridges, culverts, tollhouses, depots, warehouses, causeways, and other buildings, machinery and other fixtures as may be necessary.

Dividend of profits.

Annual report.

Map shall be filed.

SEC. 13. Dividends of the profits of said company shall be made annually, or oftener if necessary; but the directors may reserve or set apart a portion of the profits as a contingent fund, to meet expenses and losses.

SEC. 14. At every annual meeting of said company the directors shall make to the stockholders an exhibit of the affairs and condition of the company; one-seventh part in interest of all the stockholders may call a meeting, by giving four weeks' notice in any newspaper printed in the territory.

SEC. 15. When said road shall be completed, the company shall file a plat thereof in the office of the secretary of the ter

ritory; and the legislature may at any time require a statement from the company as to the progress of the work, the amount of business and the receipts of the company, and the books and accounts may at any time be investigated by a committee appointed by the legislative assembly.

SEC. 16. Whenever any person shall cease to be a stockholder he shall cease to be a member.

SEC. 17. If any person shall wilfully injure, obstruct or destroy said railroad, or shall break, destroy or deface any work, edifice or other improvement of said company, he shall be considered guilty of a criminal offence, and shall be punished in such manner as shall be prescribed by law, and shall also be liable to said company for the damages by it sustained.

SEC. 18. The operations of said company shall be confined to the general business of locating, constructing, managing and using said road, and the acts necessary and proper to carry the same into successful operation, and for such purpose, and for no other, said company shall have power to extend their capital, receive and hold loans, gifts, grants and donations of land, money or bonds, in any quantity, from this territory or from the United States; and may sell, convey, pledge, mortgage, or otherwise dispose of said lands, or any part thereof, and apply the proceeds to the construction of said road and branches, and the benefit of said company.

Persons ceasing to be stockholders.

Any person injuring the road.

Limitation of operations.

Certain sections of articles first

SEC. 19. That sections seven and thirteen, of article first, and so much of section eleven, article second, as relates to "stock and second do not owned," of "An act concerning corporations," shall not apply to this act.

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

Approved February 17th, 1857.

apply to this act.

AN ACT to incorporate the Missouri River and Nemaha Valley Railroad

Company.

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

Name of corpo

SECTION 1. A company is hereby incorporated called the "Missouri River and Nemaha Valley Railroad Company," the ration; capital capital stock of which shall be five millions of dollars, to be

stock.

Powers of company.

This act not to

conflict with con

stitution of U. S.

Names of corporators.

Board of directors.

Subscriptions.

Directors shall be elected.

Election of directors.

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 continual succession, may sue and be sued, plead and be impleaded, defend and be defended against; and may make and use a common seal, and change and alter the same; and shall be able in law and in equity to make contracts; may take, hold, use, and possess and enjoy the fee simple or other title in and to any real estate, for the purpose of said railroad, and may sell, convey, pledge, mortgage or dispose of the same; may make by-laws, rules, and regulations, proper and necessary for carrying into effect the provisions of this act, not repugnant with the constitution of the United States or of this territory, and shall have the usual and necessary powers of companies for such purposes.

SEC. 2. Cyrus Dolman, B. F. Matthews, J. A. Dolman, R. M. Stewart, Lucian J. Eastin, T. W. Waterson, Wilson Shannon, R. R. Rees, John Calhoun, Norman Cutter and Fielding Burnes, or a majority of them, shall be the first board of directors under this act, and shall hold their office until their successors shall be qualified. They shall, within ten years from the date of the passage of this act, meet at such time and place as shall be designated by any three of them, and organize as a board of directors; and when organized, they shall cause books to be opened for the subscription of the capital stock of said company, at such time and place as they may designate, under the supervision of such persons as they may appoint, and may continue them open as long as they may deem proper, and may reopen such books, when necessary, until the whole stock shall be subscribed.

SEC. 3. So soon as one thousand shares shall be subscribed, the directors shall cause an election to be held for nine directors, at such time and place as they may appoint, and give notice of the same in two or more public newspapers.

SEC. 4. An election for nine directors shall be held on the first Monday in June in each year, and if not held on that day, an election may be held at any other time that the directors shall designate; the election shall be held under the supervision of one or more of the stockholders, and the persons receiving the highest number of votes shall be elected, and shall continue in office until 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, President of diwho shall hold his office for the term which he was elected director, and until his successor shall be qualified.

SEC. 5. The directors shall appoint agents, clerks, engineers, superintendents, and other officers and servants for said company; shall keep a journal of their proceedings; shall cause correct books and accounts to be kept. They may determine by law what number of directors shall constitute a quorum, and may appoint committees, fill all vacancies in any office under said company; they shall fix the salaries of the president, and the officers and agents; they may take security from their officers and agents, and may adopt such measures and do such acts as shall be best calculated to promote the prosperity and usefulness of said company.

SEC. 6. The directors shall make and advertise calls for the payment of the capital stock at such times and in such manner. as they may deem proper; and if any stockholder shall fail to pay any such requisition within ten days after the time appointed, the said company may recover the same with interest; and if not collected, may declare the stock forfeited and sell the same; and no delinquent stockholder shall vote in said company.

rectors.

Duti s of directors.

Of payment of subscriptions.

Company have power to survey,

SEC. 7. Said company shall have full power to survey, mark, locate and construct a railroad from some point on the &c. Missouri river, within the limits of Doniphan county, passing up the divide in a westwardly direction between the waters of the Missouri and Kansas rivers, with a view that the same may be hereafter continued westwardly into the territory of Nebraska, in the direction of Fort Kearney, and for that purpose may hold a strip of land not exceeding one hundred feet in width, with as many sets of tracks as the said president and directors may deem necessary; Provided, that in passing hills or val- Proviso. leys the said company are authorized to extend said width in order to effect said object; and may also hold sufficient land for the erection of depots, warehouses and water stations, and may extend a branch of said railroad so as to intersect any railroad passing through said territory.

SEC. 8. Said company may take voluntary relinquishments of the right of way for said road, and the necessary depots and water stations, and shall be entitled to all the privileges usually granted to other railroads within this territory.

SEC. 9. Said company shall commence the construction

May have right of way. &c.