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Corporate name

sociates and assigns, who have acquired or may acquire the right to use and have either Morse's, House's, Bain's, or any other electro-magnetic telegraph, are hereby erected a body corporate, under the name of the "Atchison and Denver City Telegraph Company," for the purpose of erecting and managing a line of telegraph from Atchison by way of Fort Kearn- Location. ey to Denver City, and that upon a proper organization of said company being made, it shall be lawful for said company, directors and president to open books of subscription for stock Open books. in said company; and also, to make and publish assessments upon said stock, to be employed in erecting said telegraph line; and, upon the non-payment of said assessment within sixty days after the same shall have become due, 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 the delinquent stockholders.

SEC. 2. The capital stock of said corporation, hereby incorporated, shall be two hundred thousand dollars, with power to increase the same, and shall be divided into shares of one hundred dollars each, and shall be issued to any person purchasing the same, at the rate of five shares per mile of telegraph put in operation or constructed. Provided, that at no time shall the company be authorized to advertise for building said line, or to begin any part thereof, until ten 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 the stockholders whether more than the above amount of stock be issued for any one mile or miles of said telegraph line.

Forfeiture.

Of stock'

SEC. 3. That the persons named in the first section, or any call meeting. four of them, shall call a meeting, to be held within six months after the passage of this act, of the said company, giving three weeks' notice of the time and place of meeting, by publication in at least one paper published in Atchison and one at Denver city, at which meeting five directors shall be elected, by ballot, Directors. to manage the affairs of the company, to serve for one year, or until their successors are chosen. The directors shall elect one officers. of their number president, and such other officers, and appoint such agents as they may deem necessary, and fix the amount of the salaries attached to the several offices, and shall exercise all powers pertaining to the making, maintaining, using and managing such telegraph line, and the affairs, interests, and

First directors.

Aunual meet. ings.

term of office.

Votes.

Connect with

other lines

Who may be stockholders.

Right of way.

business of the said corporation, authorized by its by-laws. The persons named in the first section of this act shall serve as directors until the first meeting thus called. The annual meetings of said company shall be held afterwards on the first Wednesday of July, in each year, unless the stockholders, at an annual meeting, shall otherwise direct; and special meetings shall be called by the president and directors whenever, in their opinion, the interest of the company may require it, or when it may be demanded by persons holding one-third of the stock; such reasonable notice to be given of the time and place of such meetings as may be prescribed by the by-laws of the company.

SEC. 4. That the president, treasurer and secretary shall hold their office for one year, and until their successors shall be elected, and shall exercise such powers pertaining to the [construction] constitution and management of said telegraph, not incompatible with the laws of the United States and of this territory.

SEC. 5. That at every election each share shall entitle its holder to one vote, and absent stockholders may vote by agents or proxies, producing written authorities. In case of a tie, the election shall be decided by lot.

SEC. 6. That the corporation hereby created shall have power, by contracts with other persons or companies, to connect their lines of telegraph with lines out of this territory.

SEC. 7. That it shall be lawful for any city, county or company to subscribe to the capital stock of said company, and to be represented by their agent or attorney.

SEC. 8. That the Atchison and Denver City Telegraph Company shall have the right to pass any stream, road or street of this territory, without being subject to indictment as a nuisance, or to 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 any premises by any land owner; and provided, that no person or company shall be entitled to sue for or recover damages as aforesaid, until said company, 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.

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SEC. 9. That said company shall have the right to sue and Legal powers. be sued, complain or defend in any court of law or equity, and 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. This corporation, and all other companies organized under the laws of this territory, shall have power to change their names and places of business, at such times and to such places within this territory as the managers thereof shall determine.

SEC. 10. That the company shall keep its office open not office hours. less than six hours each day, and keep all communications strictly confidential; shall 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 Ɛue for damages. 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 five hundred dollars, and, on non-payment of damages, by imprisonment not less than three nor more than twelve months.

SEC. 11. That this company shall not be permitted to issue Not to issue eviany note, token, device, scrip or other evidence of debt, to be dences of debt used as a currency.

SEC. 12. That if said company shall fail to organize within six months, or to complete at least fifty miles of said line of telegraph within eighteen months from the 1st of June next, charter, and all rights under it, shall be forfeited.

Forfeiture.

SEC. 13. That this act of incorporation shall endure for Term. twenty years from its passage.

SEC. 14. That dividends of the actual profits of the com- Dividend. pany shall be declared semi-annually, in the month of March and September in each year: Provided, that no dividend shall be declared which shall impair the capital stock of said company.

SEC. 15. That this act shall take effect and be in force from and after its passage.

GUSTAVUS A. COLTON,
Speaker of House of Representatives.
W. W. UPDEGRAFF,

Approved February 25, 1860.

S. MEDARY,

Governor.

President of the Council.

Corporators.

Corporate

name.

Location.

Stock.

What charter to apply.

CHAPTER CCLI.

AN ACT to incorporate the Missouri, Southern Kansas, Fort Union and Pacific
Telegraph Company.

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

SECTION 1. John B. Scott, G. W. Nelson, John T. Cox, W. A. Ela, W. F. M. Arney, D. W. Houston, Wm. Spriggs, Wm. L. Webster, A. Wattles, A. Stark, R. B. Mitchell, J. B. Huggins, C. S. Lambdin, P. G. Barret, H. Bronson, P. G. D Morton and G. T. Donaldson, and their associates and assigns, who have acquired or may acquire the right to have and use any electro-magnetic telegraph, are hereby constituted a body politic and corporate, under the name of the Missouri, Southern Kansas, Fort Union and Pacific Telegraph Company, for the purpose of erecting and managing a telegraph line from Jefferson city, Missouri, through southern Kansas and Fort Union to the Pacific Ocean, and shall have a capital stock of five hundred thousand dollars, divided into shares of fifty dollars each.

SEC. 2. That all the powers, conditions and provisions of an act entitled "An Act to incorporate the Kansas Central Telegraph Company," approved February 11th, 1859, which are conferred by law upon said company by the aforesaid act, are by this act extended to and conferred upon the aforesaid Missouri, Southern Kansas, Fort Union and Pacific Telegraph Company.

GUSTAVUS A. COLTON, Speaker of House of Representatives. W. W. UPDEGRAFF,

Approved February 27, 1860.

S. MEDARY,

Governor.

President of the Council.

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UNIVERSITIES AND COLLEGES.

CHAPTER CCLII.

AN ACT to incorporate the Fremont Collegiate Association.

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

SECTION 1. That Abner M. Thornton, Noah Bixler, Josiah Corporators. Terrel, Martin Seiler and George Perkins, their associates and successors, be and the same are hereby constituted a body politic and corporate, by the name and style of the "Fremont Col- Name. legiate Association."

vey land.

SEC. 2. That said association shall be capable of holding, Hold and coa having, purchasing and taking in fee simple, or on lease, or by quit claim, or in possessory right, by gift, grant, demise, purchase or otherwise, any lands, tenements, or other estate, real, personal or mixed, as may be proper to carry on the operations of said association; and they may also sell, alien or convey, lease or dispose of the same, when the interest of the association may require.

SEC. 3. That said association may have a common seal, and the same may alter or change at pleasure: Provided, that any and all acts of said association shall be of full and binding force without such seal.

Sale.

Legal powers.

SEC. 4. That said association by their corporate name may sue and be sued, plead and be impleaded, answer and be answered to, in any and all courts in this territory or elsewhere, and shall in their corporate capacity be liable for all debts contracted or damages resulting from any corporate act of said association: Provided, that nothing contained in this section shall be so construed as to affect the individual prop- Construction. erty of the members of said association under any existing

laws of this territory.

SEC. 5. That said association may make, ordain and estab- Government. lish such by-laws and regulations as may be necessary for the government of the same; and shall provide for the election of their own officers; and shall have power to establish all neces sary regulations in relation to the dispositions of grounds and lots for burial purposes, and regulate burials, and also for the

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