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more than the above amount of stock be issued for any one mile

or miles of said telegraph line.

SEC. 3. That whenever the associates, or a majority of them, of Directors choose, a meeting of said associates shall be advertised not less and their eleethan two weeks, and at their meeting they shall elect nine directors, who will elect a chairman, also pass such rules and by-laws as shall seem fit for the proper management of said company's affairs, and shall also appoint a secretary and treasurer, and Officers to be other agents and officers; said board of directors to continue in office one year; shall be voted for by ballot, each share being entitled to one vote, and shall make a yearly exhibit to the stockholders of the condition of the company's affairs; said exhibit to be made the first Monday in June, of each year.

appointed.

counties may

stock.

SEC. 4. That it shall be lawful for any city, county, or in- Cities and corporated company, to subscribe to the capital stock of said subscribe to telegraph company, and to be represented by their agent or attorney.

pass streams,

SEC. 5. That the Kansas Telegraph Company shall have the Telegraph may right to pass any stream, road, or street of this Territory, with- roads &c. out being subject to indictment as a nuisance, or be abated by any private person or company: Provided, That the fixtures in such case, be so placed as not to interfere, or interrupt, or endanger, in any way, the proper use of said stream, road or street, or with the proper use of any premises, by any land owner: Provided, That no person or company shall be entitled to sue for or recover damages as aforesaid, until said corporation, after due notice in writing, shall have failed to remove, or change said fixtures complained of; and notice given any agent shall be sufficient notice in the premises.

to company.

dispatches, &c.

SEC. 6. That said company shall have the right to sue and be Powers granted sued, complain or defend, in any court of law or equity, to make and use a common seal, alter the same at pleasure, purchase, hold, receive, or dispose of real estate, for the lawful purposes of said company, or convey the same when no longer required. SEC. 7. That the company shall keep its office open not less Concerning than six hours every day, to keep all communications strictly confidential, to give preference in all cases to public dispatches when the country is in a state of war, sedition or riot, or for the prevention of crime, or the arrest of persons on suspicion thereof; said company shall also have power to sue and recover damages for injury or interruption to said line, to the full amount of time lost and repairs, and a fine besides, of $500,

Shall complete the line within three years.

Penalty for revealing information.

and on non-payment of damages, by imprisonment not less than three nor more than twelve months.

SEC. 8. This act to be in full force and effect from and after its passage, and if said company fail to organize under this Act, and to complete said telegraph line or lines, within three years, the charter to be forfeited.

SEC. 9. That if said company shall, at any time, improperly impart information which should be regarded as strictly confidential, it shall work a forfeiture to this charter, and said company shall be liable for all damages arising therefrom.

[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 corporators.

pany.

CHAPTER XI.

PATENT BRICK AND STONE MANUFACTURING COMPANY.

AN ACT to Incorporate the Leavenworth Patent Brick and Stone Manufacturing
Company.

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

SECTION 1. That Joseph Haines, William Smith, James Campbell, Geo. Douglas and others, who shall hereafter become associated with them, by subscribing to the capital in the corpotion hereby created, and their successors and assigns, shall be and are hereby constituted and made a body corporate, by the name and style of the "Leavenworth Patent Brick and Stone Powers of com- Manufacturing Company," and by that name shall be capable in law and equity, of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions and causes; may have a common seal, which they may alter at pleasure, and by that name shall be capable of purchasing, holding and conveying any estate-real, personal or mixed-for the use and benefit of said corporation: Provided, The real estate to be held by this corporation at any one time, shall not exceed the sum of one hundred thousand dollars.

SEC. 2. That the capital stock of said company shall be di- Capital stock, vided into shares of one hundred dollars each, which shares and stock shall be deemed personal property, and may be transferred in such manner as the by-laws of the company may prescribe, and said company shall have power to make such by-laws as its May make byboard of directors may deem necessary from time to time, not inconsistent with the laws of the United States, or of this Territory.

laws, &c.

SEC. 3. That said corporation shall have power to manufac- May manufac ture brick, . ture bricks or earthen, or stone-ware, or stone blocks or slabs, and sell and dispose of the same at pleasure, and may construct such buildings and machinery as may be required in the business operations of said company, on any lands which may hereafter be owned by the company.

and their elee

SEC. 4. That the property and affairs of said corporation of Directors shall be managed and conducted by a board of not less than tion. three, nor more than five directors, a majority of whom shall constitute a quorum for the transaction of business, and who shall be elected annually after the present year, by the stockholders, at such time and place, and under such regulations as shall be prescribed by the by-laws, or adopted by resolution of the board of directors; and at all such elections, each stockholder shall be entitled to one vote for each share of stock held by him in said corporation, and may vote the same in person or by proxy, duly authorized: Provided, That no person shall be Directors to be elected a director, who shall not, at the time, be a stockholder in said company.

stockholders.

bers of first

Board of Direc

tors.

fill vacancies.

SEC. 5. That the corporators named in the first section of this Names of memAct, viz.: Joseph Haines, William Smith, James Campbell, Geo. Douglas, are hereby declared to be the first board of directors, whose term of office shall continue for one year from the passage of this Act, (unless in case of death or resignation) and until their successors shall be elected as aforesaid, and the board of directors of said company shall, at all times, have power to fill Have power to vacancies in their body, and of prescribing the number of the board, and the mode and manner of calling elections for direc- Powers of Ditors, and conducting the same, and also to prescribe the kind and number of officers to manage its affairs generally; and, also, may open books for subscription to the capital stock, and receive subscriptions thereto, at such tin e and in such manner, and upon such terms, as the board of directors shall determine by resolution or otherwise.

rectors.

This Act shall 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.

This Bill having been returned by the Governor with his objections thereto, and after reconsideration, having passed both Houses by the constitutional majority, it became a law on this 12th day of February, A. D. 1858. [Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.
C. W. BABCOCK,

President of the Council.

Nemes of corperators.

CHAPTER XII.

LEAVENWORTH CITY WATER-WORKS COMPANY.

AN ACT to Incorporate the Leavenworth City Water-Works Company.

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

SECTION 1. That the present members of the Leavenworth City Water-Works Company, that is to say, S. N. Latta, J. Williams, Cyrus F. Currier, John C. Douglas, D. D. Cook, A. W. McCauslin, J. B. Irwin, James McCahon, J. P. Hatterschiedt, Geo. H. Keller, N. McCracken, J. C. Green, Champion Vaughn, R. N. Sherwood, Gaius Jenkins, H. Miles Moore, together with such other persons as hereafter may be admitted as members thereof, in the manner hereinafter provided, their successors and assigns, shall, and are hereby made and constituted a body politic and corporate in fact and in law, by the name, style and title of the "Leavenworth City Water-Works ComPowers granted pany," and by that name, style and title, shall have continued succession, and shall be empowered with all the legal incidents to a corporation aggregate: Provided, That the real estate by them to be held, shall be only such as shall accommodate the corporation in the transaction of the business thereof, or shall be taken and held in security for the payment of debts due to said corporation, and that no by-laws, to be made by the said.

Proviso.

corporation, shall be repugnant to the constitution and laws of the United States, or the laws of this Territory, and the capital employed shall be one hundred thousand dollars, but may be increased from time to time to five hundred thousand dollars.

election, &c.

SEC. 2. That on the first Saturday of June, one thousand Officers-their eight hundred and fifty-eight, and on the same day in each year thereafter, the members of said company, consisting of a president, secretary, treasurer and five managers, who, together, shall constitute a board, and any five of them form a quorum to transact the business of the company, and who shall continue in office one year, or until their successors are chosen and qualified, and in the event of a failure to elect on the day herein appointed, the election shall be held as soon thereafter as practicable, giving at least ten days notice of the time and place of electlon and until the first election hereby authorized, and until successors shall be chosen as herein directed, S. N. Latta as presi- Names of offident, James McCahon, secretary, Geo. Keller as treasurer, and D. D. Cook, John C. Douglas, Cyrus F. Currier, Gaius Jenkins and J. P. Hatterschiedt, as managers of said company, with power to transact all the business hereinafter enjoined by the by-laws on the officers of the corporation.

cers.

company.

SEC. 3. That all general meetings of the company shall be Meetings of the held at such times and places as shall be provided in the by-laws, and in all elections, and on all questions arising at a meeting of stockholders, each stockholder shall be entitled to one vote for every share of bona fide stock held by him or her, and can either vote in person or by proxy, and twenty-five dollars shall constitute a share.

ferred on the

board of man

agers.

SEC. 4. That the board of managers shall have power, from Powers contime to time, to erect and repair such works as shall be necessary to supply a sufficient quantity of water to any building in the city of Leavenworth, by means of pipes, trunks, aqueducts, or other means, and also provide proper cisterns or reservoirs for the reception thereof, and for these purposes they may enter into such lands or enclosures as may be necessary to dig, ditch, and lay pipes and trunks through the same, doing as little damage as possible to private property, and paying for whatever damage may be done by them. In case the parties cannot agree according to an assessment made under oath or affirmation by three disinterested persons, to be appointed on application to the Probate Court in and for the county of Leavenworth; and the company shall, at all times, paying damages as aforesaid, have the

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