Company has power to make bylaws, &c. Proviso. Transportation, &c. What may be lawful for the pur &c. powers herein granted for the purpose of surveying, locating, constructing and operating said railroad and branches, and for transportation 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. 8. The said company shall have power to make, ordain and establish such by-laws and regulations deemed expedient for the objects and interests of the said company; Provided, they be not inconsistent with the laws of the United States or of this territory. They shall have power to establish such rates for transportation and collect the same, and matters and things respecting the use of said road, and the transportation of persons or property, as may be necessary. SEC. 9. It may be lawful for said railroad company, their pose of exploring, agent or engineer, for the purpose of exploring, surveying or locating said road, to enter upon any land, doing no unneces sary 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 interest of said company. What the com pany may do if tain right of way, &c. SEC. 10. If said company can not obtain the right of way by they can not ob- purchase or otherwise, if the owners refuse to agree upon terms, or when the owner is unknown, non-resident, idiot, or under age, either party may make application to the judge of the probate court where the lands are situated, upon notice posted ten days in some public place, asking the appointment of commissioners to appraise the damage to the lands required for the purpose of the road. Disinterested persons to act as appraisal, &c. SEC. 11. Upon such application being made to such judge, commissioners for he shall appoint three disinterested persons to act as commissioners 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 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 amount of damages to each, and make a return of their doings to the judge of the probate Awards, &c. court. sioners If aggrieved by appraisal, &c., The commissioners making such appraisal shall be en- Pay of commistitled to pay for their services, three dollars per day, and ordinary travelling expenses, which shall be paid by said company. SEC. 12. If either party feel aggrieved by such appraisal or award, he may appeal within twenty days' after such award is may appeal, &c. made known, by giving notice to that effect to the opposite party, otherwise both parties shall be bound by the award, and the amount shall be paid upon application of the persons 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. In case of ap peal or a disagree damages, &c. SEC. 13. In case of appeal, or a disagreement in regard to the damages, the railroad company may occupy, for the pur- ment in regard to pose of constructing the said road, by giving satisfactory security to the judge of said court for the ultimate payment of the damages so determined. SEC. 14. Said corporation shall, within 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. Map and profile to be made, &c. When the company shall be or SEC. 15. When fifty thousand dollars shall have been subscribed to the capital stock, and the ten per centum actually ganized, &c. paid to the grantees herein named, and a certificate from a majority of them duly authenticated, and 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 neglect or refusal on the part of stockholders to make payment as required, the shares of such delinquent may, after thirty days' public notice, be sold at auction, and the surplus, if any, deducting payments and interest, shall be paid to such stock holder. When citizens are desirous of SEC. 16. When the citizens of any county or city of this territory are desirous of subscribing to the stock of said com- subscribing, &c. pany, 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 company may dispose of bonds issued for such stock by said county or council, upon such terms as may be necessary. Subscriptions made in land the same as in cash Authority to issue bonds, &c. Proviso. Commencement and completion of road. Power of com pany to make con other railroads. SEC. 17. 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. 18. 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; Provided, however, that said bonds shall not be issued for a less sum than five hundred dollars, and at such rates of interest as may be determined, which shall be binding upon the parties interested. SEC. 19. The said company shall commence the construction of said road within five years after the passage of this act, and shall complete the same within twenty years thereafter. SEC. 20. This company shall have the power to make such tracts, &c., with contracts and arrangements with other railroads which connect with or intersect the same, as may be mutually agreed upon by the parties for bearing or running their roads, or any part thereof, in connection with roads in other states; and shall be empowered to consolidate their property and stock with,each other such consolidation to take place whenever such companies shall respectively agree upon the terms and conditions; and shall have all the powers, privileges and liabilities that they may hold by their respective charters, by filing a copy of such articles of consolidation 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 17th, 1857. ny. Names of corpo AN ACT to incorporate the Missouri River and Rocky Mountain Railroad Be it enacted by the Governor and Legislative Assembly of SECTION 1. That James M. Kuykendall, D. A. N. Grover, rators of compa- Lewis Burnes, Thos. Arnold, Charles Rodgers, Fielding Burnes, Jesse Summers, Andrew Johnston, Lycurgus Shepard, D. D. Burnes, W. B. Almond, and John Calhoun, with such others as may associate with them for that purpose, are hereby incorporated a body politic and corporate by the name of the "Missouri River and Rocky Mountain Railroad Company," and under that name and style shall be capable of suing and being sued, pleading and being impleaded, defending and being de Powers fended against, in law and in equity, in all courts and places; may make and use a common seal, and alter and renew the same; be capable of contracting and being contracted with, and are hereby invested with all the powers, privileges, immunities and franchises, and of acquiring by purchase or otherwise, and of holding and conveying real and personal estate, which may be needful to carry into effect fully the purposes and objects of this act. Company authorized to survey, SEC. 2. The said company is hereby authorized and empowered to survey, locate, construct, alter, maintain and operate a &c., a road. railroad, with one or more tracks, from any point on the Missouri river between the town of Delaware city, in Leavenworth county, and the mouth of the Kansas river, to any point on the western boundary of Kansas territory, with a branch to the southern boundary of said territory. SEC. 3. 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. 4. All such lands, materials and privileges belonging to this territory, or state hereafter, are hereby granted to such railroad for the purposes named in the previous section, 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, river or stream, thus intersected, in sufficient manner not to materially impair its usefulness. SEC. 5. The capital stock of said corporation shall be one million 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 one hundred dollars each, which shall be deemed personal property, issued and transferred as may be ordered by the directors or laws of said company. SEC. 6. All the corporate powers of said company, shall be vested in and exercised by a board of directors, and such officers and agents as they may appoint. The board of directors Shall have the right of way. Road may cross rivers, &c. other railroads, Capital stock. Board of directors; number. Vacancies Duti's of directors. Powers of company. May obtain lands; how. If company can not obtain right of way. Commissioners to be appointed. Dit es, shall consist of thirteen persons, stockholders, at least three of whom shall be residents 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. SEC. 7. The president and directors, for the time being, are hereby empowered, or their officers or agents, to execute all powers herein granted for the purpose of surveying, locating, constructing and operating said railroad and branches, and for transportation of persons, goods and merchandise, and authority of contract and management of the affairs, as may be necessary to carry into effect the intent of this act. SEC. 8. The said company shall have power to make, ordain and establish such by-laws, rules and regulations, as may be deemed expedient for the objects and interests of this company, provided they be not inconsistent with the laws of the United States or of this territory. They shall have power to establish such rates for transportation and collect the same, and matters and things concerning the use of said road, the transportation of persons or property, as may be necessary. SEC. 9. It may be lawful for said railroad company, their agent or engineer, for the purpose of exploring, surveying or locating said road, to enter upon any land, doing no unnecessary damage, without 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 interest of said company. SEC. 10. If said company can not obtain the right of way by purchase or otherwise, or if the owners refuse to agree upon 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 damage to the lands required for the purpose of the road. SEC. 11. Upon such application being made to such judge, he shall appoint three disinterested persons to act as commissioners 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 neces |