Time of commencing road. May enter upon any land for ex have power to make, construct and erect all such side tracks, turnouts and connecting tracks, and also such warehouses, tollhouses, machine shops, carriages, cars, and other works and appendages as may be necessary, for the convenience of the company, for the use of said railroad, and operate the same with other railroads and branch railroads in the Territory of Kansas, and consolidate the capital stock of the said company, with the capital stock of any railroad company, with which the roads of the said company shall intersect, and shall have full power to place the road of the company, and its capital stock, so consolidated, under the direction of a joint board of directors of not less than nine, and not more than twenty-one, to be chosen on such terms as the directors of the companies consolidating their capital stock shall agree upon. SEC. 12. If said corporation shall not, within three years from the passage of this Act, commence the construction of said railroad, then the rights, privileges and powers of said corporation under this Act shall be void. SEC. 13. It shall be lawful for said company, their officers, ploration, &c. engineers and agents, to enter upon any land for the purpose of exploring, surveying and locating the route of said road, doing thereto no unnecessary damage; and when the said route shall have been determined by the said company, it shall be lawful for them, their agents, officers, engineers, contractors and servants, at any time, to enter upon, take possession of, and use such lands, not exceeding one hundred feet in width, along the line of said route, subject, however, to the payment of such compensation as the company may have agreed to pay therefor, or such as shall be ascertained in the manner hereafter directed and provided in such cases respectively; and said company are further authorized. Powers conferred. SEC. 14. The said corporation is hereby empowered to purchase, receive and hold, such real estate as may be necessary and convenient, in accomplishing the objects, for which this incorporation is granted, and may, by their agents, engineers and surveyors, enter upon, and take possession of, and use, all such lands and real estate as may be necessary and indispensable for the construction and maintenance of said railroad, and the appendages and accommodations requisite and appertaining thereto, and may also receive, take and hold all such voluntary grants and donations of land and real estate as shall be made to the said corporation, for the purposes aforesaid; but whenever any lands, If they cannot way, &c. Commissioners appraisal of real estate or materials, shall be taken and appropriated by said corporation, for the location, or construction of said railroad or its appendages, or any work appertaining thereto, and the same shall not be given or granted to said corporation, or the proprie- obtain right of tor or proprietors do not agree with the said corporation, as to the amount of damage and compensation, which ought to be allowed and paid therefor, or shall not mutually agree on some person or persons to appraise the same, the damages shall be estimated and assessed in the manner following: The said corporation, or owner or owners of said lands, may, on giving notice of their intended application, and the time and place of making the same, apply by petition to the judge of the Probate Court in the county in which said lands may [lie] or in the absence of the said judge from the said county, then to the senior county commissioner of said county, or the county judge of said county, particularly describing, in said petition, the lands to be appraised ; and upon proof that reasonable notice has been given, as directed, the said judge, or in his absence, as aforesaid, the said senior county commissioner, shall, on hearing said petition, appoint three disinterested persons, freeholders, and residents of the appointed for county, in which said lands may be situate, as commissioners, damages. for the purpose of assessing such damages, and [the] order in which they are appointed; shall specify the lands proposed to be appropriated and occupied, by said corporation, for the purposes aforesaid. The said appraisers, after being duly sworn before an officer legally authorized to administer oaths, honestly and impartially to assess such damages, shall proceed, by viewing said lands, and by such other evidence as the parties may produce before them, to ascertain and assess the damages which each owner will sustain by the appropriation of his land, for the purposes aforesaid, over and above the benefit and advantage, which said commissioners shall adjudge, will accrue to such owner or owners, by the construction of the said railroad. The said appraisers Report how shall make report in writing, to the said judge of the Probate Court, reciting the order of their appointment, and specifying the several parcels of land described therein, the names of the owner or owners of respective parcels, if known, and if not known, stating that fact, and specifying also the damages, which the owner of the respective parcels will sustain by reason of the appropriations of the same for the purposes aforesaid, which said report shall be filed in the office of the clerk of the Probate Court of the county in which said land may lie. In case either of the Duties. made. In case either isfied with ap party is dissatpraisal. Proceeding. Of lands of married woman infants, &c. Road may cross other roads. Any person injuring the road. parties is dissatisfied with said assessment, the said judge may, at the next term of the Probate Court in said county, on hearing the parties in interest, or if both should not appear, on proof of notice being given to the opposite party, modify the said amendment, as to him shall appear just. At the said term of the Probate Court, holden next after the filing of said report, as aforesaid, a record shall be made of the said report, with the order of the said court thereon, accepting or modifying the same. On the payment of the damages, if any, thus issued, and the expenses of the assessment, the said corporation shall immediately become seized and possessed of the said land and property and entitled to the use of the same for the purposes aforesaid. SEC. 15. When the lands or other property, or estate of any married woman, infant or person non compos mentis, shall be necessary for the construction of the said railroad, or its appendages, the husband of such married woman, or the guardian of such infant, or person non compos mentis, may release all damages in relation to the land, property or estate, to be taken or appropriated as aforesaid, as fully as they might do, if the same were holden in their rights respectively, or the husband or guardian of any such person, whose property shall be taken as aforesaid, may appear and act for and in their behalf, in obtaining an assessment of the damages to the same under this Act; and in case any such infant or person non compos mentis, whose property may be taken, as aforesaid, shall be without guardian, the judge of the Probate Court, or the commissioners, shall have power to appoint a guardian, ad litem, to act in behalf of such person. SEC. 16. Whenever it shall be necessary under this Act of incorporation, for the construction of a single or double track railroad, as herein authorized, to intersect or cross any stream of water, or any public road or highway, it shall be lawful for the said corporation [to construct the said railroad] across or upon the same Provided, the said corporation shall restore such stream, or water course, or public road or highway, thus intersected to its former state, or in a sufficient manner not to materially impair its usefulness. SEC. 17. If any person shall willfully or negligently do, or cause to be done, any act or acts whatever, whereby the said road, or any building, construction or work of said corporation, or any engine or machine, or structure, or any matter or thing appertaining to the same, shall be stopped, obstructed, weakened or impaired, injured or destroyed, the person or persons so offend- ration when SEC. 18. For the purpose of facility in the construction of the May negotiate railroad authorized by this Act, the said corporation is, and shall loans. be, permitted to negotiate a loan or loans of money to the amount of its capital stock, and pledge all its property, real and personal, and all its rights, credits and franchises for the payment thereof. SEO. 19. It shall be the duty of the corporation hereby created, Duty of corpowhen the railroad contemplated by this Act shall have been com- road is completed, to keep and maintain the same in good condition and repair, and whenever from any cause whatever, the same shall become injured or out of repair, the said corporation shall immediately proceed to repair the same, under the penalty of a forfeiture of the amount of all damages caused by such want of repair on said road. pleted. lic act. SEC. 20. This Act shall be deemed and considered a public This act a pubAct, and shall be favorably and justly construed, for all purposes therein expressed and declared, in all courts and places what soever. SEC. 21. The railroad contemplated herein, to be completed When to be within ten years from the passage of this Act. [Signed.] G. W. DEITZLER, Speaker of House of Representatives. C. W. BABCOCK, completed. President of the Council. Approved February 12, 1858. J. W. DENVER, Acting Governor. Names of corporators. Additional red. CHAPTER LXXII. ST. JOSEPH AND TOPEKA RAILROAD COMPANY. AN ACT Supplemental to An Act, entitled "An Act to Incorporate the St. Be it enacted by the Governor and Legislative Assembly of SECTION 1. That the corporators, that is [to] say, Milton C. Dicky, Thomas G. Thornton, Wilson Gordon, Loring Farnsworth, F. L. Crane, Joseph Miller, E. H. Penfield, John P. Wheeler, Stoddard Gordon, John M. Cox, S. I. Walkley, S. E. Martin, Walter Oakley and John W. Farnsworth, with such other persons as may associate with them, for that purpose, are hereby powers confer- authorized and empowered in addition to the rights, privileges, and immunities granted by the aforesaid act, to extent said railroad from the city of Topeka, Kansas Territory, to such point on the southern or western boundary of the said Territory, in the direction of Santa Fe, New Mexico, as may be most suitable and convenient, for the construction of said railroad; and also to construct a branch of said railroad to any points on the southern boundary of said Territory of Kansas, in the direction of the Gulf of Mexico, said road and branch to be constructed in pursuance of all the provisions, and subject to all the instructions of the act to which this is a supplement. Capital stock extended. Responsibility of shareholders SEC. 2. The capital stock of the said corporation is hereby extended to the sum of five millions of dollars, which may be increased from time to time to any sum necessary to complete said railroad and branch. SEC. 3. The share-holders of said St. Joseph and Topeka Railroad Company, shall each be individually liable only for the amount of stock subscribed by them to the capital stock of said railroad company. This Act to take effect and be in force from and after its passage. [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. |