Stock deemed

SEC. 9. That the stock of said company shall be deemed per- personal propsonal property, and may be transferred upon the books of the erty. company, agreeable to such rules and regulations as the board of

directors may establish.

mence and fin

SEO. 10. That said company shall commence the construction Shall comof said bridge within two years, and complete the same within ish bridge, five years, from the passage of this Act.

when.

ance.

SEC. 11. That the non-compliance with any of the provisions Non compli of this Act, shall work a forfeiture of all the right granted therein, on complaint of any person injured or aggrieved, on making the proper proof before the Probate Court of the proper county, at any regular session.

issue bonds.

SEC. 12. Said company is hereby authorized to issue bonds Authorized to 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 calculated 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.
C. W. BABCOCK,

President of the Council.

Approved February 12, 1858.

J. W. DENVER,

Acting Governor.

CHAPTER XXXII.

DE SOTO FERRY COMPANY.

AN ACT Incorporating the De Soto Ferry Company.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

porators.

SECTION 1. That G. W. Hutchinson, J. A. Finley, B. W. Names of corWoodard, D. H. Weir, A. D. Searl, Jas. F. Legate, Henry Campbell, E. S. Lowman, and Warren Kimball, and their asso

Powers of.

Required to establish ferry in six months.

Boat to be kept

Rates of ferriage.

Shall execute bonds.

Conditions.

ciates and successors are hereby constituted a body politic and corporate, by the name and style of the De Soto Ferry Company, and by that name shall be competent to make contracts, and to sue and be sued in all matters, whether in law or equity, in all the courts of Kansas Territory. The said company are hereby authorized to have and use a common seal, and create or alter the same at pleasure, and to make such rules and regulations, not inconsistent with this Act, or the laws of the Territory, that may be necessary for the management of the affairs of the said company.

SEC. 2. That the said company are required within six months from the date of this Act to have or establish a good and sufficient ferry for crossing the Kansas river, at a point on said river called De Soto, in Johnson county, Kansas Territory, and in case the said company neglect to provide such ferry, within the time herein mentioned, then the rights and privileges conferred upon said company by this Act shall be forfeited.

SEC. 3. That the said company are required to provide a suitable and convenient boat, with necessary appurtenances for ferrying at all times: Provided, that nothing in this section shall be construed to make the said company liable upon the bond hereinafter mentioned, in consequence of a refusal to ferry whenever it is extremely hazardous or difficult to make the crossing.

SEC. 4. That the rates of ferriage shall be as follows, not to exceed for a man and horse, fifty cents; for one horse and carriage or wagon, seventy-five (75) cents; for two horses and carriage or wagon, one dollar; for four horses and carriage or wagon, one dollar and twenty-five cents: Provided, the said company may by by-laws provide an addition to the above rates of not to exceed fifty per cent. In cases where the working of the ferry aforesaid shall be attended with extraordinary labor or expense, it shall be the duty of the said company to post, or cause to be posted, notice of the above rates, at the place of ferrying, as soon as the said company shall have commenced operations under this Act, and shall not demand or collect ferriage until such notice is so posted.

SEC. 5. That the said company shall, before exercising any of the privileges conferred by this Act, execute to the Territory of Kansas a bond, with sureties, in the sum of two thousand dollars, to be approved by the Judge of Probate of the county in which said ferry is located, conditioned for the faithful performance of the duties imposed by this Act, and such bond after being so approved, shall be filed in the office of the clerk

of such county. Any party aggrieved by the violation of the conditions of the said bond, may sue thereon in the name of the Territory of Kansas, but in all such cases the judgment shall be for the damages actually sustained by the party instituting the

suit.

to ferry within

ed.

SEC. 6. That this Act shall be construed to give to the said Exclusive right company the exclusive privilege to establish and maintain a ferry limits prescribat the town of De Soto, aforesaid, and for two miles up, on, and down the said river of Kansas. The right of said company to land upon the north side of said river, and to construct as many roadways to the ferry aforesaid as are necessary, shall in no manner be interfered with.

years.

SEC. 7. That the corporation created by this Act shall exert To exist twenty (exist) for a space of time, not exceeding twenty years.

SEC. 8. That the said company may by by-laws prescribe By-laws &c. what officers they shall have to manage the affairs of the said company, and the term of office, and the manner and form of the election thereof; and may by by-laws or rule make such regulations as may be deemed necessary to carry out the objects of this incorporation, which shall not conflict with this Act, or any laws of the Territory of Kansas.

This Act to be in force and effect from and after its passage.
[Signed,]
G. W. DEITZLER,

Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.

Approved February 8, 1858.

J. W. DENVER, Acting Governor.

CHAPTER XXXIII.

FERRY AT DOUGLAS.

AN ACT to establish a ferry at the Town of Douglas.

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

keep a ferry.

SECTION 1. That Parris Ellison, his heirs, and assigns, are Authority to hereby authorized to keep a ferry at the town of Douglas, across the Kansas river, for the term of ten years, from and after the first day of March next; and shall have the right and privilege to keep said ferry, upon condition that they keep a good and sufficient ferry boat, adapted to the wants of the traveling public at that place.

SEC. 2. That Parris Ellison, his heirs, and assigns, shall limits prescrib- have the exclusive right to establish and keep said ferry, for one

Exclusive right

to keep ferry in

ed. Proviso.

mile up and down the Kansas river, from said town: Provided that the said Ellison shall give bond and comply in all things. with the laws of this Territory regulating ferries.

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 11, 1858.

J. W. DENVER,

Acting Governor.

Authority to keep a ferry.

clusive right to keep a ferry within limits prescribed.

CHAPTER XXXIV.

FERRY AT LECOMPTON.

AN ACT incorporating the Lecompton Ferry Company.

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

SECTION 1. That Jerome Kunkle, his heirs or assigns, are hereby authorized to keep a public ferry across the Kansas river, opposite the town of Lecompton, in the Territory of Kansas; and Shall have ex- shall have the exclusive right and privilege of keeping a ferry within a distance of one mile from the landing, up and down the said river for the period of ten years: Provided, that no right or privilege hereby granted, shall in any way effect the rights and privileges heretofore granted to the "Lecompton Bridge Company," or prevent the contractors, who may undertake the building of said bridge, from owning and using any flat boat or boats for any purposes connected with the construction of said. bridge.

Proviso.

Rates of ferriage, by whom fixed.

SEC. 2. That the tribunal for transacting county business, in and for the county in which the said ferry shall be situated, is hereby authorized and required to regulate the ferriage across said river, from time to time, as the same may be deemed proper.

This Act to take effect and be in force from and after the expiration of a charter granted to, and certain rights acquired by

William K. Simmons, Wesley Garrett and Evan Todhunter, by and under an act entitled "An [Act] to establish a ferry across the Kansas river, opposite the town of Lecompton.

[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.

Approved February 6, 1858.

J. W. DENVER,

Acting Governor.

CHAPTER XXXV.

FERRY AT NEVADA CITY.

AN ACT to Charter a Ferry across the Kausas river at Nevada City, in the T er ritory of Kansas.

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

keep a ferry.

SECTION 1. That the Nevada City Town Company, and their Authority to assigns, are hereby authorized to keep a ferry across the Kansas river, at the crossing of the same, where the town of Nevada City is now located in Kansas Territory, and shall have the exclusive privilege of keeping the same, at said point, and within one mile each way, up and down the river from said point, for and during ed. the period of ten years.

Shall have exclusive right to ferry within

limits preserib

ready.

SEC. 2. [That] the said Nevada City Town Company, shall Boat to be kept keep ready for use, a good boat or boats, to do all the crossing at said ferry, and be subject to all the laws regulating ferries, now in force, or which may hereafter be made in said Territory. SEO. 3. A non-compliance with any of the provisions of said Non compliAct, shall work a forfeiture of all rights under it.

This Act to take effect and be [in] force from and after its

ance.