mile of "Birkshire Falls," and take out so much water as shall be necessary for manufacturing purposes and running machinery. SEC. 4. All deeds for the conveyance of real estate of the said the real estate, corporation, shall be signed by such officers as the said corporation shall designate, and when so signed, shall be deemed a good and sufficient conveyance of said estate, in all courts. Of deeds, of conveyane, &c. of Stock deemed personal property. SEC. 5. The said stock shall be deemed personal property. This Act to take effect and be in force from and after its passage. [Signed,] G. W. DEITZLER, Speaker of House of Representatives. President of the Council. Approved February 9, 1858. J. W. DENVER, Acting Governor. Names of commissioners. Shall cause books to be CHAPTER VIII. LEAVENWORTH HOTEL COMPANY. AN ACT to Incorporate a Hotel Company. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That David Eckerd, N. McCracken, D. S. Tood, John Kerr, N. S. Knight, be, and they are hereby appointed commissioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Leavenworth Hotel Company, hereby incorporate, and they may cause opened for sub- books to be opened at such time and place as a majority shall direct, for the purpose of receiving subscriptions to the capital stock of said company, first giving three weeks' notice of the time and place of taking subscription, in one or more public newspapers. seription. Capital stock. SEC. 2. That the capital stock of said company shall be one hundred thousand dollars, in shares of fifty dollars each, and as soon as ten hundred shares, or more, shall be subscribed, and seven per centum paid thereon, the subscribers of such stock, and such other persons as shall associate with them, for that purpose, their successors and assigns, shall be, and they are declared and created a body corporate and politic, by the name and style of red on compa the "Leavenworth Hotel Company," with perpetual succession; and by that name shall have all the privileges, franchises and immunities incident to a corporation; they shall be capable in Powers conferlaw of contracting and being contracted with, suing and being ny. sued, defending and being defended, in all courts and places; they shall be capable of purchasing, holding and selling, leasing and conveying real estate, personal and mixed, as far as may be necessary and proper for the construction, management and usefulness of a first class hotel in the city of Leavenworth, Kansas Territory; they may have a common seal, which they may alter or renew at pleasure, and generally, may do all and singular the matters and things which to them it shall lawfully appertain to do for the well being of the said corporation. and their elec point officers. SEC. 3. That the affairs of said company shall be managed by of Directors a board of seven directors, who shall be chosen by ballot, each tion. share of stock being entitled to one vote, the votes to be delivered in person, or by proxy, duly authorized; which directors Directors to apshall appoint a president, a secretary and a treasurer from their number, and for the purpose of electing the first directors, the said commissioners, or a majority of them, after the stock shall Commissioners have [been] subscribed as provided in the second section of this of election for Act, shall give three weeks' notice, in one or more public newspapers published in the city of Leavenworth, of the time and place by them appointed, for the subscribers or stockholders to meet for the purpose of electing directors, and annually thereafter, on the first Monday in March, the stockholders shall meet for the purpose of electing directors as aforesaid: Provided, That none but stockholders shall be elected directors. to give notice Directors. rectors. SEC. 4. That a majority of said board of directors shall con- Powers of Distitute a quorum for the transaction of business; they shall have power to make and establish such by-laws, rules, orders and regulations, as may be necessary for the management of the affairs of said company, to make such covenant, contracts, and agreements with any person or persons, co-partnerships or body politic whatsoever, as they may deem expedient and for the interest of the company. SEC. 5. That if, from any cause, an election for directors shall not be held at the time specified therefor, the same may be held at any other time, upon ten days' notice being published as aforesaid; and until such election, the directors of the preceding year shall continue to act, and the charter shall not be voided by reason of any irregularity or want of such election, and in case If for cause the held, &c. election is not Vacancies, how filled. Authorized to borrow money. This Act a public Act. of vacancy from the death or resignation of any director, his place may be filled by the board of directors. SEC. 6. That the said company are hereby authorized in their corporate capacity, to borrow any sum or sums of money, from any person or persons, corporation or body politic of any kind, and make and execute in their corporate name all necessary writings, bonds, or other papers, and make, execute and deliver such securities in amount and kind as may be deemed expedient by said corporation, for all purposes necessary in carrying out the objects of said company; and the official acts of said company are declared in law and equity [to be binding] upon said corporation, and upon all other parties to such contracts. SEC. 7. That this Act shall be favorably construed to effect the purpose thereby intended, and the same is hereby declared to be a public Act, and copies thereof, printed by the authority of the Territory, shall be received as evidence thereof. [Signed,] G. W. DEITZLER, Speaker of House of Representatives. President of the Council. Approved February 9, 1858. J. W. DENVER, Acting Governor. Names of corporators. Powers of company. CHAPTER IX. KANSAS FALLS WATER-POWER AND MANUFACTURING COMPANY. AN ACT to Incorporate the Kansas Falls Water-Power and Manufacturing Company. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That Edward P. Burgess, John Howil, Freeman N. Blake and Henry Danks, their associates and successors, are hereby constituted a body politic and corporate, by the name and style of the "Kansas Falls Water-power and Manufacturing Company," and by that name shall be competent to make contracts, sue and be sued, plead and be impleaded, in all matters whatsoever, both in law and in equity, and shall have all the powers and privileges which are usually granted to such corporations, which may be necessary and proper for carrying the object of said company into full operation. Power to pur SEC. 2. That the corporation hereby created, shall have power and hold to purchase and hold any quantity of land in the vicinity of land. Kansas Falls, in the county of Riley, that may be necessary for the purpose of [the] corporation, not exceeding six hundred and forty acres. and privilege to build a dam granted. May construct SEC. 3. That said corporation shall have the exclusive right Exclusive right and privilege of building a dam across the Smoky Hill fork of the Kansas river, near the town of Kansas Falls, and of cutting and constructing such canals as may be necessary for their purpose. canals. right of way. SEC. 4. That said corporation shall have the right of way over Shall have any land through which such canal may be constructed: Provided, said company shall pay all damages that shall be assessed by a jury empanneled for that purpose. laws. SEC. 5. That said company shall have power to pass by-laws May pass byfor the government of said company. SEC. 6. That this charter shall continue for and during the Duration of term of thirty years. SEC. 7. This Act to take effect and be in force from and after charter. Names of corporators. red. CHAPTER X. KANSAS TELEGRAPH COMPANY. AN ACT to Incorporate the Kansas Telegraph Company. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That William H. Russell, O. F. Renic, George W. McLane, George W. Perkins, Thomas Ewing, Jr., Robert L. Ream, Henry J. Adams, A. G. Whiting, (of New York) H. Miles Moore, Samuel Harsh, E. L. Berthoud, Auby Macauly, M. J. Parrot, H. B. Denman, J. M. Terrill, S. N. Latta, A. Whitney, Jeremiah Clark, Champion Vaughan, John Kerr, J. Harvey Day and George C. Knight, their associates and assigns, who Powers confer have acquired or may acquire the right to use and have either Morse's, House's or Bain's electro-magnetic telegraph, are hereby created a body politic, under the name of the "Kansas Telegraph Company, for the purpose of erecting and managing a line of telegraph, extending from a point on the eastern boundary of Kansas, where it may connect with a line extending eastward to St. Louis, to Leavenworth city, and to a point north, on the north boundary of Kansas, or to any intermediate point, as the company may elect; and, also, it shall be lawful for the company to erect a line, as a branch, to Lawrence, or west to Fort Riley, or the west boundary of Kansas Territory, and that, upon a proper organization of said company being made, it shall be lawful for said company's directors and president to open books of subscription for stock in said company, and also to make and publish assessments upon said stocks to be employed in erecting said telegraph line; and, upon the non-payment of said assessments within 30 days, it shall be lawful for said company to sue and recover said amount from said delinquent stockholders, and upon non-collection by said company, then the stock to be forfeited by delinquent stockholders. Of shares in the capital stock. Proviso. SEC. 2. That the shares in the capital stock of said company, shall be twenty-five dollars each, and shall be issued at the rate of eight shares per mile of telegraph, put in operation or construction: Provided, That at no time shall the company be authorized to advertise for building said line, or begin any part thereof, until ten (10) per cent. of the above amount per mile has been paid in upon the line that is contemplated to be erected, but it shall be at the discretion of all the stockholders, whether |