their roads or any part thereof, in connection with roads in any other State or Territory, and shall be empowered to consolidate their property and stock with such 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 separate charters, by filing a copy of such articles of consolidation in the office of the secretary of this Territory.

SEC. 21. That the railroad company may commence the construction of the whole or any section of the road herein granted, not less than twenty miles in extent.

[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives
C. W. BABCOCK,

President of the Council.

Approved February 12, 1858.

J. W. DENVER,

Acting Governor.

Names of cor-
porators.

1864

CHAPTER LXVII.

LEAVENWORTH, LAWRENCE AND FORT GIBSON RAILROAD COMPANY.

AN ACT to Incorporate the Leavenworth, Lawrence and Fort Gibson Railroad
Company.

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

SECTION 1. That John B. Chapman, Hudson Burris, H. C. Justice, F. P. Whitcher, Joel C. Green, Adam Fisher, Milton M. Hann, Henry J. Adams, G. A. Reynolds, E. D. Ladd, John Speer, L. F. Hollingsworth, S. B. Prentiss, G. W. Deitzler, H. G. Blake, Robt. B. Mitchell, John Mathas, Darius Rogers, J. M. Black, R. B. Jourdan, W. Doran, and their associates and successors, are hereby constituted a body politic and corporate, by the name and style of the Leavenworth, Lawrence and Fort Powers of com- Gibson Railroad Company, and under that name and style shall be capable of suing and being defended in any courts of competent jurisdiction, in law or equity. They may make and use a common seal, alter and renew the same at pleasure; and by that name and style, said company shall be capable of contracting

pany.

113 4 19 12~

and being contracted with; are hereby invested with all the powers, privileges and immunities and franchises, of acquiring by purchase or otherwise, all kinds of property, and holding and conveying real and personal estate.

Company au

thorized to sur

voy, &c..

SEC. 2. That the capital stock of said company shall be two Capital stock. millions of dollars, and may be increased, from time to time, to five millions, if necessary for the business of said company. The stock shall be divided into twenty thousand shares of one hundred dollars each share, and shall be deemed personal property, issued and transferred as may be ordered by the by-laws and ordinance of the president and directors of said company. SEC. 3. That the said company are hereby authorized and empowered to survey, locate, construct, alter and maintain, and operate a railroad, with one or more tracks, from Leavenworth city, on the Missouri river, on the most practicable and convenient route, by Delaware, Lawrence, Minneola, Osage city, and down the Neosho river, through the Osage Nation, in conformity to a treaty stipulation made by said company with said Osage Nation, at Littleton, on the 7th day of January, 1858, and to Fort Gibson, or the highest steamboat navigation of the Grand river, and also one branch of said road from a convenient point at the crossing of Deer creek, in a north-westerly direction, up the valley of Neosho river, and across from a convenient point to Fort Riley, on the Kansas river.

right of way.

841864

SEC. 4. That the said company are hereby authorized, and Shall have shall have the right of way upon, and may appropriate to its sole use, and contract for the purposes contemplated herein, land not exceeding one hundred feet in width, through the entire length, upon such route as may be determined. And for the 1864 purposes of depots, station houses, machine shops, side tracks, cuttings and embankments, or for building engine houses, or shops, or wood and water stations, may take as much land, earth or material, as may be necessary for the construction of, or completion, operation, preserving and maintaining said road.

roads, &c.

SEC. 5. That all such lands and materials, or any necessary May cross other privilege that may be desired on lands or materials belonging or accruing to this Territory or State, county or township, 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 not to impair their usefulness.

SEO. 6. That all the corporate powers of said company shall

ers vested in

Corporate pow- vest in, and be exercised by a president and board of directors, president and and such officers and agents as the president and board of directors may appoint, and no person shall be eligible to be elected, or serve as president or director for said company, who is not a ach 4 stockholder of one or more shares.

directors.

564

by ballot.

elected.

Election to be SEC. 7. That all elections shall be by ballot, and each share President, how shall have one vote, by' person or by proxy. The president shall be elected by a majority of the votes of the company, on the first Monday of June, and serve for two years, and until his successor is elected and qualified into office; and the directors, or any three of them, shall act as judges of the election.

Term of office.

a

Directors to be SEC. 8. That the stockholders shall elect thirteen directors

elected.

filled.

annually, on the first Monday of June, who shall continue in office until their successors are elected and qualified into office. Any five of said directors, with the president, shall be a quorum Vacancies how to transact business; and, in case of vacancy by refusal to serve, or resignation, the board of directors shall fill the vacancy. In case of vacancy of the presidency, the stockholders shall give three weeks' notice of the time and place of holding an election to fill the vacancy, by public advertisement; also, for the annual election of directors, at least three weeks' public notice shall be given of the time and place of election.

SEC. 9. That the president and board of directors shall have power and authority to make such by-laws, ordinances, rules and regulations, as they may deem expedient for the interest of the company, not inconsistent with the laws of the United States.

SEC. 10. That the president and directors shall have power to establish such rates of fare and transportation of goods and wares, and collect the same, and govern all matters and things respecting the use of said road, as may be necessary.

SEO. 11. That it may be lawful for said company, their officers, agents, engineers and such persons as are employed by them, for the purpose of exploring, surveying, or locating said road, to enter upon any lands, doing no unnecessary injury, without the consent of the owner, and may acquire by gift, grant, contract, release, donation or otherwise, any lands or property whatever, and may hold the same in any manner deemed best for the interest of the company..

the

SEC. 12. That if said company cannot obtain the right of way by 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 Dis

trict Court, or any justice of the peace, where the lands lie, or
are situate in his county, and upon notice posted ten days in
some public place, asking the appointment of commissioners to
appraise the damages to the lands required for the road.

aat 18321 East.

appointed to

ages.

T

SEO. 13. That upon such application being made to such judge Commissioners
or justice of the peace, he shall appoint three disinterested per- appraise dam-
sons commissioners to appraise such land or damages to prop-
erty.
Such commissioners shall take into consideration the
advantage of the road to the adjoining land of the owner, as well
as the injury done. Such commissioners shall, by public notice,
appoint a time and place and adjourn, if necessary—for hear-
ing the parties, and examine the land, and determine damages,
if any. They shall take an oath to faithfully and impartially Duties.
perform their duties, to the best of their judgment. They, or a
majority of them, shall make up and sign an award to the par-
ties, embracing a description of the land, the amount of damages
to each, and make return of their doings to the clerk of the
county, or District Court; and on the payment of the damages,
if any, the property shall vest absolutely in the company. But Parties ag-
should either party feel aggrieved by the verdict of the commis- ppeal.
sioners, they may appeal, as in other cases of appeal, from the
verdict of a jury before a justice of the peace, and the case shall
be tried the same way.

any

grieved may

Perpons wil

fully injuring

SEC. 14. That if any person shall carelessly, wilfully or mali-
ciously hinder, delay, or obstruct the workmen or the passage of road, &c.
trains, or shall place any obstruction on the track, or in any
manner injure or destroy any mark, stake, tools, cars, or other
property of said railroad, or pertaining to it, or aid or abet
person in the commission of such trespass, all such persons shall Penalty.
forfeit and pay said company, agents or servants, three-fold the
amount of damage done, recoverable before any court of compe-
tent jurisdiction, and be liable to indictment and imprisonment
for five years.

SEC. 15. That the company shall, in a reasonable time, cause Plot to be filed.
a plot of the road to be filed in each and every recorder's office
of the respective counties through which it may pass.

1864

galized.

SEC. 16. That the organization of the said company at Leav- Proceedings le-
enworth, on the 10th day of December, 1857, and all their pro-
ceedings to the passage of this Act, are hereby legalized and in
full force and effect, subject only to the provisions and amend-
ments in this Act made and provided.

SEC. 17. That Hudson Burris, Joel C. Green, H. C. Justice,

Names of direc- F. P. Whitcher, Milton M. Hann, Adam Fisher, Henry J. Ad

tors.

Duty of president.

Appointment of officers.

Powers conferred.

Shall establish offices on the road.

Shall provide for manner of payment of stock, &c.

Shall advertise for payment of stock.

ams, G. A. Reynolds, E. D. Ladd, John Speer, John Mathes, Darius Rogers and R. B. Jordan, or any five of them, with the president, shall form and constitute the first board of directors, and John B. Chapman the first president of said company.

SEC. 18. That it shall be the duty of the president to preside at all meetings of the board of directors, and sign all orders of the board, and obligations and contracts, in the name of the company, and to see that all orders of the company, by-laws and regulations made by them, are fully carried out and executed. SEC. 19. That the president and directors shall appoint all necessary officers and servants-treasurer, clerks, engineers, agents and remove the same at pleasure. They [shall] fix the salaries of all officers, and compensation of servants and for services.

SEC. 20. That the company may take for subscription of stock to said road, land or any other kind of property, bonds, notes, bills, or any other evidence of debts; and the company may borrow money on their own credit, and the credit of the road, and the property thereof, and issue their bonds for said debts, and make such obligations, at such interest and time as the parties may agree on, and the company may demand such security from their officers as they may deem expedient.

SEC. 21. That the company shall establish one or more principal offices, on the line of the road from Leavenworth to Fort Gibson, at any one of which company offices, for official business of the president and directors, a summons, with any officer of the company, directed to the president, shall be sufficient service. of process in case of suit.

SEO. 22. That the president and directors shall provide for the manner and time of payment of stock, and the conditions on which certificates shall issue to stockholders, except the stock subscribed by the Osage Nation, which shall issue according to treaty stipulations.

SEC. 23. That the directors shall advertise for the payment of the capital stock, at such places and offices of the company as they may direct, and for such amount of the stock, not to exceed five per cent. on the amount subscribed, every six months; any stockholder failing to make payment of the legal amount required, after ten days public notice has been given, the company may recover the same with interest, and no delinquent officeholder shall vote in the company.