equal amount; and in all cases where it shall be the duty of the comptroller to destroy notes which he has previously countersigned, he shall cause the same to be burned to ashes in his presence. SEC. 21. In case of refusal of either bank to pay its obligaIf bank refuse tions as hereinbefore described, the holder of said obligation. to pay its obligations. shall cause the same duly to be protested by a notary public, and notice given to the bank; but in case of protest of its circulating notes, the fees for said protest shall be no greater for the whole number of notes presented for payment at one time, than for one note. Notes to be signed. Shall not discount paper en SEC. 22. All circulating notes shall be signed by the president and cashier, and shall be redeemable at the office of the bank, or at any of its agencies in the Territory, SEC. 23. No bank shall discount any note or bill endorsed by any of its directors, and the consideration of no note, bill or. dorsed by a di- draft, discounted by the bank, shall be questioned by any maker or endorser, in any suit brought to coerce its payment. rector. SEC. 24. That said bank shall be subject to taxation as propSubject to tax- erty held by individuals, and no extraordinary tax [shall be] assessed. ation. Liability of stockholders. No change in the government ry to impair its rights, &c. SEO. 25. The stockholders in each of said banks shall be liable for its debts only to the extent of their stock in the same. SEC. 26. No change in the government of this Territory to of this Territo- that of a State, shall, in any way, impair the rights or privileges of the banks hereby established, as granted by this Act; and wherever the word comptroller is used, it shall be held to mean that officer in the Territory or State, whose legitimate duty it shall be, under the laws thereof, to act as depository of the bank securities for said Territory or State; and if at any time no such officer shall be known to the law, then shall it be held to mean the treasurer of said Territory or State, and wherever the word Territory is used, it shall be held to mean State whenever a State government shall have been established. May establish agencies. Shall com mence operations within one year. SEC. 27. Any bank shall have the right to establish agencies wherever it shall be deemed best, for the purpose of assisting in the conduct of its business; and shall have power to transact any business through such an agency, that it can lawfully do at its own office; but in case of the establishment of any such agency, the circulating notes of said bank shall be redeemable there as hereinbefore provided. SEC. 28. If either of said banks shall fail to commence operations under this Act, within one year from its passage, it shall forfeit all rights and privileges herein granted. 5,000 acres of SEC. 29. Nothing in this Act shall be so construed as to allow Not to hold over this corporation to hold, at any one time, more than five thousand land. acres of land. [Signed,] G. W. DEITZLER, Speaker of House of Representatives. President of the Council. This Bill having been returned by the Governor with his objections thereto, and after reconsideration, having passed both Houses by the constitutional majority, it has become a law this the 11th day of February, A. D. 1858. [Signed,] G. W. DEITZLER, Speaker of House of Representatives. President of the Council. CHAPTER LXIII. ELWOOD AND WATHENA ROAD COMPANY. AN ACT to Incorporate the Elwood and Wathena Plank and Macadamized Boad Be it enacted by the Governor and Legislative Assembly of porators. pany. SECTION 1. That D. S. Lusk, A. L. Lee, J. B. Chaffee, Geo. Names of corH. Jameson, Benj. Harding, Edward Russell, F. B. Elsworth, J. Sealover, William Ridenbaugh, James W. Galloway, John Gralch, W. L. Lewis, A. A. Jameson, and their associates, successors and assigns, be, and they are hereby constituted a body politic and corporate, under the name and style of the Elwood and Wathena Plank and Macadamized Road Company, and by that name and style shall be capable, in law and equity, to sue Powers of comand be sued, plead and be impleaded, defend and be defended, in any court or place whatever; to make, have and use a common seal, the same to renew and alter at pleasure; and by that name and style, to be capable in law of contracting and being contracted with, and of purchasing, holding and conveying real and personal estate, for the purposes of building and keeping in repair the said road, and shall be, and hereby are invested with all the powers, privileges and immunities which are, or may be necessary to carry into effect the purposes and objects of this Act. Authorized to locate and con SEC. 2. That the said company are hereby authorized and emstruct a road. powered to locate, construct, and finally complete a plank or macadamized road, with a single or double track, commencing on or near the bank of the Missouri river, in the city of Elwood, and running thence to Wathena; and for this purpose said company are hereby authorized to lay out said road not exceeding eighty feet in width, throughout its whole length; and for the purpose of embankments and procuring timber, stone or gravel, may appropriate any road or highway, already dedicated to May take land, public use, on the line of said plank or macadamized road, may take so much land as may be necessary for the purpose of construction and security of said road: Provided, however, that all damages that may be occasioned to any person or corporation, by the taking of such lands or materials for the purposes aforesaid, shall be paid for by said company, in the manner hereinafter provided. &c. Capital stock. Government, &c., of compa board of directors. SEC. 3. That the capital stock of said company shall consist of two hundred shares of one hundred dollars each, with the privilege to increase the same to an amount sufficient to carry into effect the objects and intentions of this Act. SEC. 4. That the immediate government and direction of said ny, vested in a company in its affairs, shall be vested in a board of not less than five, nor more than seven directors, who shall be chosen by the stockholders of the corporation in the manner hereinafter provided, and shall hold their offices until others shall have been elected and qualified to take their places as directors, a majority of whom shall form a quorum for the transaction of business, and shall elect one of their number to be president of the board, who shall also be president of the company. And the said company shall elect from their number a clerk and a treasurer, who shall be sworn to the faithful discharge of their duties. The treasurer shall give bond to the corporation, with securities to the satisfaction of the directors, for the faithful discharge of his Officers to be elected. Treasurer to give bond. President and directors au cate and construct a road. trust. SEC. 5. That the president and directors, for the time being, are thorized to lo- hereby authorized and empowered, by themselves or their agents, to exercise all the powers herein granted to the company for the purpose of locating, constructing and completing said road, and all such power and authority for the management of the affairs of said company, not heretofore granted, as may be necessary and proper to carry into effect the objects of this company, to purchase and hold lands, materials and other necessary things, and hold lands, May make as shares. in the name of the company, and for the use of the road; and May purchase to make such equal assessments, from time to time, on all said c. shares in said corporation, as may be deemed expedient and nec- sessment on all essary in the execution and progress of the work, and direct the same to be paid to the treasurer of the company; and the treasurer shall give notice of all such assessments, and in case any subscriber shall neglect to pay his assessment for the space of thirty days, after due notice by the treasurer of said company, the directors may order the treasurer to sell such share or shares at public auction, after giving due notice thereof, to the highest bidder; and the same shall be transferred to the purchaser, and such delinquent subscriber shall be accountable to the company for the balance, if his share or shares sell for less than the assessment due thereon, with the interests and costs of sale, and shall be entitled to the overplus of his share or shares, shall sell for more than the assessment due, together with the interest and costs of sale: Provided, however, that no assessment shall be Proviso. made upon any share of said company of over twenty-five dollars. erect toll hous es, &c. SEC. 6. That the directors, for the time being, are hereby au- Authorized to thorized to erect toll houses and other necessary buildings, to establish toll gates, appoint toll gatherers, and demand and recover toll upon the road when completed, and upon such parts thereof as shall, from time to time, be completed, and shall have power to fill any vacancy in the board of directors, which may be occasioned either by death, resignation, or otherwise. SEC. 7. That the said company shall be holden to pay all damages that may arise to any person or persons, corporation or corporations, by taking their lands for said road; when it cannot be done voluntarily, to be estimated and recovered in the manner prescribed by law for the recovery of damages happening by the laying out of Territorial roads. Shall pay all damages for taking lands. fants. SEC. 8. That when lands or other property, of any infant, of lands of inshall be necessary for the construction of said road, the guardian of such infant may release all damages for any lands or estates taken and appropriated as aforesaid, as they might do if the same were holden by them in their own rights respectively. SEC. 9. That if any person shall wilfully do, or cause to be done, any act or acts whatever, whereby any buildings, constructions or works of said corporation, or any machine, bridge or structure, or any matter or thing appertaining to the same, shall be stopped, obstructed, impaired, weakened, injured, or des Penalty for wil fully injuring any buildings, &c., of road. Annual meeting. chosen. troyed, the person or persons so offending, shall be deemed guilty of a misdemeanor, and shall forfeit and pay to said company or corporation, treble the amount of damages sustained by such offence or injury, to be recovered in the name of the corporation, with costs of suit, by action in any court of competent jurisdiction, and shall be subject to indictment and punishment for crimes and misdemeanors as in other cases. SEC. 10. That the annual meeting of the stockholders of said company shall be holden on the first Monday in May, in each year, at the city of Elwood, unless otherwise directed by a maDirectors to be jority of the stockholders, at which meeting the directors shall be chosen by bollot, each stockholder being entitled to as many votes as he holds shares, which may be given either in person or by proxy; and any five individuals named in the first section of this Act, are hereby authorized to call the first meeting of said company, for the purpose of organizing the same, by giving due notice, stating the time and place and purpose of such meeting, at least twenty days before the time mentioned in such notice. SEC. 11. That the said company shall have power to make, ordain and establish all such by-laws, rules and regulations, as they may deem expedient and necessary to accomplish the designs and purposes, and to carry into effect the provisions of this Act: Provided, however, the same be not repugnant to the laws of the United States. Authorized to make by-laws, &c. May subscribe to stock and pay in work. Penalty for lay ing out any turnpike with this road. SEC. 12. That any person subscribing stock in the foregoing plank or macadamised road, may discharge the same in work on said road, under such rules and regulations as the president and directors may prescribe. SEC. 13. That any persons who shall lay out, construct, or use in two miles of any road as a turnpike, on or within two miles of the line of this road, and shall, by such means, seek to avoid the payment of tolls thoreon, shall, on conviction of such offence, be adjudged guilty of a misdemeanor, and may be tried before any justice of the peace in the county wherein said road is located; such misdemeanor to be punished by a fine not exceeding one hundred dollars, or imprisonment in the county jail not exceeding thirty days. Such offender shall likewise pay to said company, damages to the amount of ten dollars ($10,00,) for each offence, the same to be recovered as in an ordinary civil action. Shall commence operations when. SEO. 14. That said company shall be required to commence operations upon said road within two years from the passage of this Act. |