pass, all such persons shall forfeit and pay said company, agents or servants, triple the damages, proven before any court of competent jurisdiction, and shall be liable to indictment and punishment, as may be provided by law.

This Act to take effect and be in force from and after its

AN ACT to Incorporate the Kansas Central Railroad Company.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

porators.

SECTION 1. That Silas Armstrong, John M. Wright, Andrew Names of cor J. Mead, William Robinson, W. Y. Roberts, John McAlpin, Henry J. Adams, William M. McClure, J. K. Moorehead, Gaius Jenkins, William Brindle, T. G. Thornton, Joel W. Garrett, George Russell, George W. Cass, O. B. Gunn, J. Edgar Thompson, Thomas H. Lupe, J. P. Root, Charles Robinson, Samuel Harsh, with such other persons as may associate with them for that purpose, are hereby incorporated a body corporate, by the name of the Kansas Central Railroad Company, and under that name and style shall be capable of suing and being sued, Powers of compleading and being impleaded, defending and being defended pany. against, in law and 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 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 au

thorized to survey, &c.

Of right of

way.

Road may cross other roads, &c.

Capital stock

SEC. 2. That 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 a point on the Missouri River, at or near the mouth of the Kansas River, to a point at or near Fort Riley, with the right and privilege of extending the same to any point on the boundary of the Territory of Kansas, west of the sixth principal meridian; and to survey, locate, construct, maintain and operate a branch, with one or more tracks, from a point east of the city of Lawrence to a point on the Missouri river, at or near the city of Leavenworth, or branches to any point in any county through which the same may pass, said branch or branches to enjoy all the rights and privileges herein promised to the main line.

SEC. 3. That 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 the entire length of said road, upon such route as may be determined; and for the purposes of depots, side tracks, cuttings annd 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. That 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. The 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 navigation of such stream be obstructed.

SEC. 5. That the capital stock of said corporation shall be three million 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 the by-laws of said company.

ers vested in a

tors.

SEC. 6. That all the corporate powers of said company shall Corporate powbe vested in and exercised by a board of directors, and such offi- board of direccers and agents as they may appoint. The board of directors shall consist of thirteen persons, stockholders, five of whom, at least, 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

filled.

and qualified. A vacancy in the board may be filled by a vote Vacancy, how of two-thirds of the remaining directors or their officers and agents.

ident and direc

SEC. 7. That the president and directors for the time being Powers of presare hereby empowered to execute all the powers herein granted, tors for surveyfor the purpose of surveying, locating, constructing and operating said railroad and branches, and for transportation of persons, goods and merchandize, and authority of contract and management of the affairs as may be necessary to carry into effect the intent of this Act.

laws, &c.

SEC. 8. That the said company shall have power to make, May make byordain and establish such by-laws, rules and regulations as may be necessary for the government of said company, and the management of its affairs; and to establish rates of transportation, and collect the same.

any land for ex

SEC. 9. That it may be lawful for said railroad company, May enter upon their agent or engineer, for the purpose of exploring, survey- ploration, &c. ing or 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 interest of said company.

obtain right of

SEC. 10. That if said company cannot obtain the right of If they cannot way by purchase, or otherwise, or if the owners refuse to agree way, &c. 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 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.

appointed for damages, &c.

appraisal of

SEC. 11. That upon such application being made to such Commissioners 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 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 report of their proceedings to the judge of the District Court. Salary of com- The commissioners making such appraisal, shall be entitled to pay for their services, at the rate of three dollars per day and ordinary travelling expenses, which shall be paid by said company.

Duties.

missioners

How paid.

Parties ag

grieved by ap

peal.

SEC. 12. That if either party feel aggrieved by such appraisal may appraisal or award, he may appeal within twenty days after such award is 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.

Shall file bond.

In case of appeal, &c.

Penalty for persons wilful

&c.

SEC. 13. That in case of appeal, or disagreement in regard to the damages, the railroad company may occupy, for the purpose of the construction of the road, by giving satifactory security to the judge of said court for the ultimate payment of the damages so determined.

SEC. 14. That if any person shall carelessly, wilfully or mainjuring road liciously hinder, delay or obstruct the workman, 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 or abet any person in the commission of such trespass, all such persons shall forfeit and pay said company, agents or servants, treble the damages, as shall be proven in any court, and shall be liable to indictment, and upon conviction shall suffer imprisonment for a term not exceeding five years, in the discretion of the court who shall try the

Map of road, where filed.

same.

SEC. 15. That 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 game in the office of the secretary of the Territory.

to capital

Payment of

SEC. 16. That when fifty thousand dollars shall have been sub- Subscriptions scribed to the capital stock, and ten per centum actually paid to stock, &c. the grantees herein named, and a certificate from a majority of them duly authenticated, filed in the office of the secretary of this Territory, they are authorized to organize the company, and open books for further subscriptions, requiring payments or in- subscriptions. stallments 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, shall be paid to such stockholders.

county may

SEC. 17. That when the citizens of any county, incorporated Citizens of any town or city, of this Territory, are desirous of subscribing to the subscribe. stock of said company, the citizens of such incorporated town, city or county, are authorized to purchase, subscribe or hold shares, not exceeding three 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.

may be made in

SEC. 18. That subscriptions to the stock of said company may Subscriptions be made in land, in the same manner as in cash, and said com- lands. pany are authorized to hold, purchase and convey the same as they may deem for their interest.

bonds.

SEO. 19. That the company are hereby authorized to issue May issue bonds upon their road, 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: Provided, however, that said bonds shall Proviso. not be issued for a less sum than five hundred dollars; and Provided, further, that whenever said company are indebted for work, labor, material or otherwise, they may issue their notes or bonds, in such sums, and on such time as may be desired by the creditor, and as shall be provided for by the by-laws of said company.

tract with othe

SEC. 20. That this company shall have the power to make Powers to consuch contracts and arrangements with the corporate authorities er railroads. of other railroads which connect with or intersect the same, as may be mutually agreed upon by the parties for running upon