Names of commissioners. Duties of. Shall call an election, when. CHAPTER XXX. WYANDOTT BRIDGE COMPANY. AN ACT to Incorporate the Wyandott Bridge Company. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That John M. Funk, George Russell, A. B. Bartlett, John McAlpin, S. B. Gunn, Isaiah Walker, B. Gray, W. L. McMath, and Joseph Rosennald, be, and are hereby appointed commissioners, to do and perform the several duties hereinafter mentioned; that is to say, they shall procure one or more books, and enter therein as follows: We whose names are hereunto subscribed, do promise to pay to the Wyandott Bridge Company, the sum of fifty dollars for each share of the stock of said company, set opposite our respective names, in such manner as may be ordered by the president and board of directors of said company, and shall thereupon proceed to receive such subscriptions, for the stock of said company, at such times and places, as they may think proper. SEC. 2. When twenty or more persons shall have subscribed two hundred and fifty shares, and paid thereon five per cent. to the commissioners named in this Act, the said commissioners or any five of them, shall give notice, in one or more newspapers of the Territory, of a time and place to be by them appointed, not less than twenty days from the time of issuing the first notice, at which time and place, the said subscribers shall proceed to organize the said company, by electing by a majority of all the votes cast by ballot, either by proxy, duly authorized, or in person, one president, six directors, one secretary and one treasurer, who shall be a board of directors, with power to appoint such other officers as they may think necessary, to conduct the Term of office. business of said company, and shall hold their offices for one year, and until other officers shall be duly chosen; and may make May make by such by-laws, rules and regulations, as shall be deemed necessary for government of said company, and the management of its affairs. Officers to be elected. laws &c. Powers of company. SEC. 3. When said company is organized in the manner prescribed in the foregoing section, it shall be a body corporate in. deed and in law, by the name of the Wyandott Bridge Company, and by that name shall be capable of suing and being sued, and doing all and every other matter or thing which a corporate or body politic may lawfully do, and of taking, purchasing and holding, to them and their successors in fee simple, all such lands, tenements, hereditaments and estates, real and personal, as shall be necessary and convenient in the prosecution of the objects of the company, and the [same] to sell and dispose of at their plea sure. build a bridge. SEC. 4. The said company is hereby authorized and granted Authorized to the right to construct, build, and maintain a bridge across the Kansas river, at a point not less than two nor more than six miles from the mouth of the same: Provided, that said bridge shall Proviso. be so constructed as not to interfere with the free navigation of said river. SEC. 5. The capital stock of said company, shall consist of Capital stock. fifty thousand dollars, divided into one thousand shares of fifty dollars each, with the privilege of increasing the same to eighty thousand dollars, if needed for the purposes of the company. SEO. 6. If any person or persons shall wilfully and maliciously disobey the rules of said company, posted at each end of said bridge, or wilfully or maliciously injure or destroy any part of said bridge or anything thereto belonging, he or they shall, for every such offence, forfeit to the corporation, hereby created, the sum of five dollars, in addition to the real damage done, which penalty may be recovered by the said corporation in an action of debt, in any court having jurisdiction thereof, and a separate suit may be in like manner prosecuted and maintained by such corporation, for such damages done to said bridge. Penalty for in juring or des troying any part of bridge. troying the pro &c. SEC. 7. If any person or persons shall wilfully and malicious- Penalty for desly remove or destroy any of the company's property, or place perty of bridge designedly and with evil intent any obstruction on said bridge, so as to place the lives of persons or animals in jeopardy, such person or persons so offending, shall be deemed guilty of a misdemeanor, and upon conviction shall suffer imprisonment for a term not exceeding two years: Provided, that nothing herein contained shall prevent the said company from pursuing the remedy, heretofore specified for damages done their bridge, by such wrongful act. SEC. 8. The tribunal transacting county business in the coun- Of rates of toll. ty in which Wyandott city is located, shall from time to time prescribe the rates of toll, to be charged for crossing said bridge, which rates shall be kept posted up conspicuously at each end of the bridge: Provided, that such rates shall not be lower than 4 Stock deemed personal property. Shall commence bridge in complete it in five years. the rates charged at other bridges, on the same river, except by consent of the company. SEC. 9. The stock of said company shall be deemed personal property, and may be transferred upon the books of the company, agreeable to such rules and regulations as the board of directors may establish. SEC. 10. Said company shall commence the construction of two years, and said bridge within two years, and complete the same within five years from the passage of this Act; and are hereby authorized and empowered to establish and maintain, until the bridge is completed, a free ferry across the Kansas river, at or near the point selected for the erection of said bridge, and for this purpose are hereby authorized to receive gifts, grants, [and] donations, from individuals or corporations. May maintain a ferry. Non compli ance. Authorized to issue bonds. SEO. 11. The non-compliance with any of the provisions of this Act, shall work a forfeiture of all the right granted therein, on complaint of any persons injured or aggrieved, on making the proper proof, before the Probate Court at any regular session. SEC. 12. Said company are hereby authorized to issue bonds for the purpose of constructing said bridge, to such amount only. as may be necessary to construct and complete the same, and may sell said bonds in such amount, upon such terms, and at such rates of interest, as may be agreed upon by the parties interested, not to exceed the rate fixed by the law of the Territory: Provided, said bonds shall not be issued, for a less amount than twenty-five dollars: And provided further, that said bonds shall not be circulated as money, nor shall said company exercise any banking powers. 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 12, 1858. J. W. DENVER, Acting Governor. CHAPTER XXXI. WYANDOTT CITY BRIDGE COMPANY. AN ACT to Incorporate the Wyandott City Bridge Company. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That Silas Armstrong, John M. Funk, George Names of comRussell, A. B. Bartlett, John McAlpin, H. M. Northup, D. missioners. B. Hadley, E. J. Quirk, Isaiah Walker, B. Gray, W. L. McMath and Joseph Rosenwald, be, and they are hereby appointed commissioners, to do and perform the several duties hereinafter Duties of. mentioned, [that is] to say, they shall procure one or more books, and enter therein as follows: We whose names are hereunto subscribed, do promise to pay to the Wyandott City Bridge Company, the sum of fifty dollars, for each share of stock of said company, set opposite our respective names, in such manner as may be ordered by the president and board of directors of said company, and shall thereupon proceed to receive such subscriptions for the stock of said company, at such times and places as they may think proper. meeting, when. SEC. 2. That when twenty or more persons, shall have sub- Shall call a scribed two hundred and fifty shares, and paid thereon five per cent. to the commissioners named in this Act, the said commissioners, or any five of them, shall give notice in one or more papers of the Territory, of a time and place to be by them appointed, not less than twenty days from the time of issuing the first notice, at which time and place, the said subscribers shall proceed to organize the said company, by electing, by a majority Officers to be of all the votes cast by ballot, either by proxy duly authorized elected. or in person, one president, six directors, one secretary and one treasurer, who shall be a board of directors, with power to appoint such other officers as they may think necessary, to conduct the business of said company, and shall hold their offices for one Term of office year, and until other officers shall be duly chosen, and may make such by-laws, rules and regulations, as shall be deemed necessary for the government of said company, and the management of its affairs: Provided, that each stockholder shall be entitled to one vote for each share by him held. By-laws &c. pany. SEC. 3. That when said company is organized, in the manner Powers of comprescribed in the foregoing section, it shall be a body corporate, in deed and in law, by the name of the Wyandott City Bridge Authorized to build a bridge. Capital stock. Penalty for maliciously injuring bridge or disobeying rules. Penalty for destroying property of bridge. Of rates of toll. Company, and by that name shall be capable of suing and being sued, and doing all and every other matter or thing, which a corporate or body politic may lawfully do, and of taking, purchasing, and holding to them and their successors, in fee simple, all such lands, tenements, hereditaments and estates, real and personal, as shall be necessary and convenient, in the prosecution of the objects of the company, and the same to sell and dispose of at their pleasure. SEC. 4. That the said company is hereby authorized and granted, the right to construct, build and maintain a bridge across the Kansas river, at a point within one mile of the mouth thereof: Provided, that said bridge shall be so constructed as to not interfere with the free navigation of said river. SEC. 5. That the capital stock of said company shall consist of fifty thousand dollars, divided into one thousand shares of fifty dollars each, with the privilege of increasing the same to eighty thousand dollars, if needed for the purposes of the company. SEC. 6. That if any person or persons shall wilfully and maliciously disobey the rules of said company, posted at each end of said bridge, or wilfully and maliciously injure, or destroy any part of said bridge or anything thereto belonging, he or they shall for every such offence forfeit to the corporation hereby created, the sum of five dollars, in addition to the real damage done, which penalty may be recovered by the said corporation, in an action of debt in any court having jurisdiction thereof, and separate suit may be in like manner prosecuted and maintained by such corporation, for such damages done to said bridge. a SEC. 7. That if any person or persons shall wilfully and maliciously remove or destroy any of the company's property, or place designedly and with evil intent, any obstruction on said bridge, so as to place the lives of persons or animals in jeopardy, such person or persons so offending, shall be deemed guilty of a misdemeanor, and upon conviction, shall suffer imprisonment for a term not exceeding two years: Provided, that nothing herein contained shall prevent the said company from pursuing the remedy heretofore specified for damages done their bridge by such wrongful act. SEC. 8. That the tribunal transacting county business, in the county in which Wyandott City is located, shall from time to time prescribe the rates of toll to be charged for crossing said bridge, which rates shall [not] be lower than the rates charged at other bridges on the same river. |