Shall erect hydrants, &c. Powers and privilege granted. liberty to renew and repair the pipes and trunks which have already been laid, or which shall hereafter be laid on and through private property, and also have liberty, at all times, to dig and lay pipes or trunks along roads and highways, and along streets and alleys of the said city of Leavenworth, and to renew and repair the same, shutting up and mending any breach which they may respectively make, as soon as possible; and it shall be lawful for them to make cisterns and reservoirs, and set hydrants in the streets and public grounds in the city of Leavenworth, when it may be deemed necessary: Provided, That in all cases when the damages assessed in the manner provided for in and by this section, shall exceed the sum of one hundred dollars, either party may, within thirty days after such assessment shall be made, and notice thereof given to the parties, appeal to the said Probate court of the county of Leavenworth; and in every case in which such appeal has been taken, like proceedings may be had as in other cases in said court. SEC. 5. That the board of managers shall, in such streets or parts of said city of Leavenworth, when pipes or trunks shall have been laid, erect hydrants to be used for the purpose of extinguishing tires, and shall have liberty to supply or suffer individuals to be supplied for domestic or manufacturing uses, for such reasonable compensation as shall be agreed upon by the municipal authorities of said city of Leavenworth, and said individuals, according to certain uniform rates, shall be determined by the municipal authorities of said city of Leavenworth, having regard to the probable quantity of water which applicants are likely to consume, and said company shall have power to lease or rent out any surplus steam or water-power that may be found to exist, after the purpose of providing water for the inhabitants of the city of Leavenworth shall have been obtained; and any person or persons within the said city, who shall take any of the said water for any purpose or use whatever, without having previously contracted for the same with said company, shall forfeit and pay for every such offence, the sum of three dollars to said company, to be recovered before a justice of the peace, in the same manner as debts of equal amounts are recoverable; and any person or persons who shall wilfully destroy or injure, in any way, the pipes, cisterns, aqueducts, reservoirs, machinery, buildings, hydrants, or any of them, or any of the works of said company, or shall wilfully corrupt or otherwise render unwholsome the water brought or conveyed, or to be brought or con veyed in the city of Leavenworth by said company, or the stream or streams from which the same is brought, or to be brought, shall, upon conviction before a justice of the peace, be deemed guilty of a malicious mischief, and be liable, moreover, to the company, for damages sustained by such injury. common seal. of stock, &c. SEC. 6. That the company shall procure a common seal, and Shall procure a the certificates of stock, and other official acts, shall be authenti- of certificates cated by affixing the same; and the president and managers procure certificates for all the shares of stock of said company, and shall deliver one such certificate, signed by the president, countersigned by the secretary, and sealed as aforesaid, unto each person for the number of shares held by him or her, as soon as twenty-five dollars shall be paid on each share; and every such certificate shall be transferable in person, or by attorney, duly authorized in the presence of the president or secretary of said company. dividend, &c. SEC. 7. The said company, whenever the debts of the corpo- May declare ration shall have been paid, and the income shall exceed the expenses of the company, may, if deemed advisable, collect a contingent fund not exceeding two thousand dollars, or declare a dividend semi-annually, not exceeding fifteen per centum on the stock paid in, on the second Saturday in January and July, in each year, and shall publish said dividend, and the place where it will be paid, and shall cause the same to be paid accordingly. SEO. 8. That said company shall commence operations upon Shall comsaid water-works, within two years from the passage of this bill. works in two The Legislature reserves the right to alter and amend this charter at any time hereafter. This Act to be in force from and after its passage. mence on said years. Preamble. Names of corporators. Powers of com pany. May manufacture and sell gas &c. CHAPTER XIII. LEAVENWORTH GAS LIGHT COMPANY. AN ACT to Incorporate the "Leavenworth Gas Light Company." PREAMBLE. Whereas, the mayor and councilmen of the city of Leavenworth, have given the necessary permit to the above association. to locate said establishment in said city, and to run their pipes through the same, and have given them the exclusive privilege so to do, on certain conditions and under certain restrictions as appears by an ordinance, approved by the Mayor and attested by the city register of said city, dated the 28th day of July, A. D. 1857, and to which reference is hereby had; And, whereas, Henry Foote, Abel Whitney, Edmund R. Eaton, Henry Hart, have applied to this Legislature to be incorporated, the more effectually to enable them to accomplish the said object of their organization; Therefore: Be it enacted by the Governor and Legislative Assmbly of the Territory of Kansas: SEC. 1. That the above named Henry Foote, Abel Whitney, Edmund R. Eaton, Henry Hart and their associates, be, and they hereby are created a body politic and corporate, with perpetual succession, by the name and style of the Leavenworth Gas Light Company, and by that name, they and their successors shall be capable in law of contracting and being contracted with, of suing and being sued, pleading and being impleaded, in all courts and places, and in all matters whatsoever, with full powers to acquire, hold, occupy, convey and enjoy all such real and personal estate as may be necessary and proper for the construction, extension and usefulness of the works of said company, and for the management and good government of the same, and they may have a common seal, and may alter and renew the same at plea sure. SEC. 2. The corporation hereby created, shall have full power and authority to manufacture and sell gas, to be made from any or all the substances, or combination thereof, from which inflammable gas is usually obtained; and to be used for the purpose of lighting the city of Leavenworth or the streets thereof, and any buildings, manufactories, public places or houses therein contained; and to erect all necessary works and apparatus, and to lay pipes for the purpose of conducting the gas in any of the streets and avenues of said city; Provided, that the said corporation shall so conduct their works as not to create any nuisance, and that no permanent injury or damage shall be done to any street, lane or highway in the said city. SEC. 3 The capital stock of said company shall not exceed one Capital stock. hundred thousand dollars, to be divided into shares of fifty dol lars each, to be subscribed and paid for, in such manner and proportion as shall be prescribed by the by-laws and rules of said company. laws &c. SEC. 4. The stockholders shall have power to make such by- May make bylaws and rules for regulating the affairs of said company, as they shall think proper and necessary, respecting the management and disposition of the stock, property and estate of said company, the duty of the officers, artificers, and agents, to be employed, the number and election of directors, and all such matters as appertain to the concerns of said company. real estate. SEC. 5. For the purpose of carrying out the objects contem- May purchase plated by this Act, the said association may, in their discretion, invest in such public or private stocks, or in the purchase of real estate, whatever surplus capital funds or net profits may from time to time accumulate in the hands of the association, or in such other manner as to the officers thereof will calculated to promote the interest of the association. appear best SEO. 6. This act to take effect and be in force from and after AN ACT Granting Alexander Repine, Frank Paupitz, and their associates and assigns, certain privileges. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SEO. 1. That Alexander Repine, and Frank Paupitz, and their Exclusive righ associates, heirs, executors, administrators and assigns, shall granted. and privilege Required to make two trips each day. Rates to be charged. Failure to fulfil the require ments. have the exclusive right and privilege, for the period of five years from and after the passage of this Act, of keeping, maintaining, and using a line of omnibuses from the city of Leavenworth to Fort Leavenworth, in Leavenworth county, and no other person or persons shall be allowed to convey passengers from said city to said Fort, in public carriages or vehicles for hire, except any person or persons, who may think proper to carry passengers for hire from any other point, by way of Leavenworth City to Fort Leavenworth, or by way of Fort Leavenworth, to said Leavenworth City or either place. SEC. 2. That said Repine and Paupitz are hereby allowed and required to run a daily line of omnibuses, Sundays excepted, at least two trips each way on each day, with two or four horses attached thereto, between said places. SEC. 3. That said Repine and Paupitz are hereby authorized and allowed to charge the sum of twenty-five cents for each passenger carried in said carriages between said points, and shall hold themselves in readiness at all times, Sundays excepted, during the hours of daylight, to convey all passengers that may desire to be conveyed between said points. SEC. 4. That if the said Repine and Paupitz shall neglect or fail for three days, to fulfil the requirements of the second section of this Act, then all the rights acquired by them under this Act, shall be forfeited. This Act to take effect and be in force from and after its publication, in some newspaper in Leavenworth City, for two successive weeks. [Signed,] G. W. DEITZLER, Speaker of House of Representatives. President of the Council. Approved January 30, 1858. J. W. DENVER, Acting Governor. |