Directors may appoint agents, clerks, &c. Of salary of off cers. Directors shall make calls for tal stock. proxy. SEC. 5. The directors may appoint agents, clerks, engineers, superintendents, and other officers and servants for said company, and shall keep a journal of their proceedings; shall 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 vacancies in office under said company; they may fix the salary of the president and officers and agents, take security from officers and agents, and may adopt such measures and do such acts as will 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 capi- payment of the capital stock at such time and in such manner as they may deem proper; and if any stockholder shall fail to pay any such requisition within thirty days after the time appointed, the said company may recover the same with interest, and if not collected may declare the stock forfeited, and may sell the same; and no delinquent stockholder shall vote in said company. Shall have pow cate, &c. 1 SEC. 7. The said company shall have full power to survey, er to survey, lo- mark, locate, and construct a railroad, with one or more tracks, from within twenty miles of Council Grove to Lecompton city, by way of Topeka and Tecumseh, and may for that purpose hold a strip of land not exceeding two hundred feet wide, and may also hold sufficient additional land for the construction of depots, warehouses, water stations, and other houses, for the use of the company. For transporta to survey, locate, &c. SEC. 8. That, for the ready transportation of the produce of tion, have power such mines and manufactories, the said company shall have the power to survey, locate and establish and construct a road of plank, turnpike or railroad, from the said works and premises of the company to such point or depot as shall be deemed necessary. May take relinquishments for right of way. SEC. 9. Said company may take voluntary relinquishments for the right of way for said road and the necessary depots, water stations, &c., as above mentioned; and if the land through which the road shall pass belongs to minors, in whole or in part, the guardian or curator of said minors shall have power to convey to said company so much of the lands as may be necessary for the accomplishment of the purposes aforesaid, on fair and equitable terms; but every such conveyance by a guardian or curator shall be subject to the approval of the court having probate jurisdiction in which said guardianship is pending. In cas persons should refuse to of way. SEC. 10. If any owner of a tract of land through which said road may pass refuses to relinquish the right of way for said relinquish right road to said company, or if the owners 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 said lands are situated, and the judge shall appoint three disinterested citizens of the county to view said lands, who shall take into consideration the value of the lands, and the advantages and disadvantages of the 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 the damages assessed, and shall return a plat of the land thus condemned. Notice of such application to the judge Notice to be given shall be given to the owner of such land five days before making such application, if such owner resides 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. to owner of land. Appraisers to file report. SEC. 11. The persons appointed to view and value such lands shall file their report in the office of the clerk of the district or probate court of the county in which the land, or part thereof, is situated; and if no valid objection 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 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 may set aside the same 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 Court shall adshall adjudge the costs of the proceedings to the equity of the judge costs, &c. case; and the said court shall have power to make such orders, and take such other steps, as will promote the ends of justice between the owner of said land and said company. SEC. 12. Said company may build said road along or across Where the comany territorial or county road, or the streets or wharves of any the road, &c. pany may build Shall commence operations within five years. town or city, and over any stream or highway; but whenever SEC. 13. Said company shall commence operations either in mining or constructing said railroad within five years, and may construct such portions as may be deemed most advantageous first. Said company shall have general and exclusive power to use, manage, control, and enjoy said railroad; shall determine what kind of carriage shall be used thereon, and by whom and in what manner, and shall determine the terms and conditions and manner in which merchandise, property and passengers shall be transported thereon; and shall have power to construct and keep such turn-outs, gates, bridges, culverts, toll-houses, depots, warehouses, causeways, and other buildings, machinery Tolls and freights and other fixtures, as may be necessary. The company may receive such tolls and freights as may be determined on by the directors, and shall keep posted up statements of the rates of toll and freights to be charged. Dividends to be made annually, &c. Materials for construction or re SEC. 14. Dividends of the profits of the 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. SEC. 15. If said company shall require for the construction pair may be taken or repair of said road, any stone, gravel, or other materials, from adjoining lands. from the land of any person adjoining to or near said road, Subscriptions in lands the same as SEC. 16. That subscription to the stock of said company may be made in lands in the same manner as in cash; and said cash. company are hereby authorized to hold, purchase, and convey the same, as they may deem for their interest. SEC. 17. 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, branches, and mining operations, and the benefit of said company. SEC. 18. When said road shall be completed, the company shall file a plat thereof in the office of the secretary of the territory, and the legislature may, at any time require a statement of the progress of the work, amount of business, &c. SEC. 19. When any person shall cease to be a stockholder, he shall case to be a member of the company. Capital may be increased. Plat of road to be filed. Membership, how forfeited. Certain sections of a former act SEC. 20. That section seven and thirteen of article first, and so much of section eleven, article second, as relates to "stock repealed owned," of "An act concerning corporations," shall not apply to this act. May purebase and hold land. SEC. 21. That it shall be lawful for said company to purchase and hold, or receive by gifts or donations, or otherwise, so much land at their stations and termini as they may deem necessary; Provided, always, said quantity shall not exceed Provisos. a quarter section; and provided, also, said company may dispose of said land when they may so desire; and also provided, that nothing in this section shall be so construed as to prevent said company from owning and holding lands for mining operations; or that any thing contained in "An act to prevent incorporated companies from dealing in real estate," shall apply to this company, so as to prevent them from pursuing their legitimate operations. Shall have pow er to construct SEC. 22. That said company shall have power to erect and construct coal-yards, warehouses, hoppers, and all the neces- coal yards, &c. sary fixtures and dwellings, in either of the first named towns and cities, or any other town or city, or village, to which their road may extend for the full and complete prosecution of their operations. This act to take effect and be in force from and after its passage. Approved February 20th, 1857. Names of corporators of company. Powers. Authority to survey, locate, &c. Right of way of company, &c. Lands, privileges, &c., grant ed. AN ACT to incorporate the Atchison and Palmetto City Railroad Company. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows: SECTION 1. Luther C. Challiss, George W. Brown, William Young, Isaac S. Hascall, James H. Lucas, Newcomb J. Ireland, William S. Irving, Thos. H. Christopher, Berry S. Davenport, C. B. Buist, W. H. Jenkins, W. S. Brewster, J. P. Miller, F. J. Marshall, Joseph P. Carr and Jos. McClosky, with such other persons as may associate with them for that purpose, are hereby incorporated a body politic and corporate by the name of "The Atchison and Palmetto City Railroad Company;" and under that name and style shall be capable of suing and being sued, impleading and being impleaded, defending and being defended against, in law and equity, in all courts and places; may make and use a common seal, and alter or 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. SEC. 2. The said company is hereby authorized and empowered to survey, locate, construct, complete, alter, maintain and operate a railroad, with one or more tracks, from Atchison to Palmetto city, on the Big Blue river. 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, as are mentioned in the preceding section, belonging to this territory, or state hereafter, are hereby granted to such railroad for the purposes named in the previous section; and said company may |