Election for di

rectors.

Time of holding election for direc

tors.

Directors

shall

appoint agents,

clerks, &c.

Directors shall make calls for

tal stock.

them open so long as they may deem proper, and may re-open such books when necessary, until the whole stock shall be subscribed.

SEC. 3. So soon as five hundred shares shall be subscribed, the directors shall cause an election to be held for nine directors, at such time and place as they may appoint, and give notice of by newspaper publication.

SEC. 4. An election for nine directors shall be held on the first Tuesday of October in each year, and if not held on that day, an election may be held at any be held at any other time that the directors may designate; the election shall be held under the supervision of one or more stockholders, and the persons receiving the highest number of votes shall be elected, and shall continue in office till their successors are qualified; every stockholder shall be entitled to one vote for each share held by him, and he may vote by proxy. Soon after their election the directors shall meet and appoint one of their number president, who shall hold his office for the term for which he was elected director, and until his successor shall be qualified.

SEC. 5. The directors shall appoint agents, clerks, engineers, superintendent, and other officers and servants of said company; shall keep a journal of their proceedings; shall cause correct books and accounts to be kept; they may determine by by-laws what number of directors shall constitute a quorum, and may appoint committees and fill all vacancies in any office under said company; they shall fix the salaries of the president and the officers and agents, but no director shall receive any compensation for his services as such; they may take security from their officers and agents, and may adopt such measures and do such acts as may be best calculated to promote the prosperity and usefulness of said company.

SEC. 6. The directors shall make and advertise calls for the payment of capi- payment of the capital stock, at such times and in such manner as they may deem proper; and if any stockholder shall fail to pay suchr equisition within ten days after the appointed time, the said company may recover the same with interest ; and if not collected, may declare the stock forfeited and sell the same; and no delinquent stockholder shall vote in said company.

Shall have power to survey, 10cate, &c.

SEC. 7. Said company shall have full power to survey, mark, locate and construct a railroad from the western boundary line of the state of Missouri, on the south side of the Kansas or Kaw river, so as to connect with the Pacific railroad at its western terminus, or from any other point said directors may adopt

for forming connection with said Pacific railroad, or any other railroad that may connect with it running southward through the territory of Kansas to some point on the southern boundary line of said territory, to be determined by the directors, so as to connect with any similar tmprovement or improvements leading to the gulf of Mexico or Pacific coast; and for that purpose may hold a strip of land not exceeding one hundred feet May hold land. wide, and may also hold sufficient land for the construction of depots, warehouses and water stations; and may select such route as may be deemed most advantageous, and may extend branch railroads to any point in any of the counties in which said road may be located.

May take relirquishments of

SEC. 8. Said company may take voluntary relinquishments of the right of way for said road, and the necessary water stations right of way. and depots; and if the land through which said road shall pass shall belong to minors, in whole or in part, the guardian or curator of such minors shall have power to convey to said company so much of said land as may be necessary for the purposes aforesaid, on fair and equitable terms; but every such conveyance by a guardian shall be subject to the approval or rejection of the probate court or county tribunal in which said guardianship is pending.

In case persons shall refuse to re

way, &c.

SEC. 9. If any owner of any tract of land through which said railroad shall pass shall refuse to relinquish the right of way for inquish right of said road to said company, or if the persons be infants or persons of unsound mind, or non-residents of the territory, the facts of the case shall be specifically stated to the judge of the district or probate court of the county in which said lands are situated, and said judge shall appoint three disinterested citizens of the county to view said lands, who shall take into consideration the value of the land and the advantages and disadvantages of the road to the same, and shall report under oath what damages will be done to said land or any improvements thereon, stating the amount of damages assessed, and shall return a plat of the land thus condemned. Notice of such application to such judge shall be given to the owner of such land five days before the making of the application, if such owner reside in this territory, or to his guardian; and if such owner be a non-resident of this territory, he may be served with actual notice, or by advertisement for four weeks in some newspaper.

Notice must be lands.

given to owner of

Persons ap

pointed to view

&o.

SEC. 10. The persons appointed to view and value such lands shall file their report and plat in the office of the district or lands must fille, probate court in which the land or part thereof is situated, and if no valid objections be made to said report, the court shall enter

Objections must be tiled.

Powers of the court.

Where the road

may be built.

Road must be commenced wi hin seven years.

Dividends must be made annually.

Directors must

report annually.

judgment against said company for the amount of damages so assessed, and shall make an order vesting in said company the fee simple title of the land in such plat and report described. Objections to such report must be filed within ten days after the same shall be filed, which objections shall be examined by said. judge in term time or vacation, and he may hear testimony, and by judgment confirm said report, or may set the same aside and appoint three other viewers, who shall proceed in the same manner, and make their report until a report shall be confirmed; in all such cases the court shall have power to make such order, and take such other steps as will promote the ends of justice between the owners of such land and the said company.

SEC. 11. Said company may build said road along or across any territorial or county road, or the streets or wharves of any town or city, and over any stream or highway; but wherever said railroad shall cross any territorial or county road, said company shall keep good and sufficient causeways, or other adequate facilities for crossing the same; and said railroad shall not be so constructed as to prevent the public from using any road, street or highway, along or across which it may pass ; and when said railroad shall be built across any navigable stream, said company shall erect a bridge sufficiently high on which to cross, or shall construct a draw-bridge, so that in no case shall the free navigation of such stream be obstructed.

SEC. 12. Said company shall commence the construction of said road within seven years, and shall complete the same within ten years thereafter; and said company shall have power to use, manage, control and enjoy said railroad; shall determine what kind of carriages shall be used thereon, and by whom and in what manner; and shall determine the terms, conditions and manner in which merchandise, property and passengers shall be transported thereon; and shall have power to keep such turnouts, gates, bridges, culverts, toll-houses, depots, warehouses, causeways and other buildings, machinery and other fixtures, as may be necessary.

SEC. 13. Dividends of the profits of said company shall be made annually, or oftener if necessary; but the directors may reserve or set apart a portion of the profits as a contingent fund to meet expenditures and losses.

SEC. 14. At every annual meeting of said company the directors shall make to the stockholders an exhibit of the affairs and condition of the company; one-seventh part in interest

of all the stockholders may call a meeting by giving four weeks' notice in one newspaper in the territory.

Plat to be filed with secretary of

SEC. 15. When said road shall be completed the company shall file a plat thereof in the office of the secretary of the terri- the territory. tory; and the legislature may, at any time, require a statement from the company as to the progress of the work, the amount of business and the receipts of the company; and the books and accounts may, at any time, be investigated by a committee appointed by the legislative assembly.

SEC. 16. Whenever any person shall cease to be a stockholder, he shall cease to be a member of said company.

SEC. 17. The operations of said company shall be confined to the general business of locating, constructing, managing and using said road, and the acts necessary or proper to carry the same into complete and successful operation.

This act to take effect and be in force from and after its passage.

Approved February 20th, 1857.

Persons ceasing

to be stockholders cease to be members.

Operations of company.

AN ACT to incorporate the Palermo and Lecompton Railroad Company. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows:

Names of corporators of road.

SECTION 1. That Reuben Middleton, John Stairwalt, L. D. Bird, B. Rellartin, John Corby, William C. Kimber, Job B. Kimber, Granville P. Livermore and Frank M. Mahan, with such other persons as may associate with them for that purpose, are hereby incorporated a body politic and corporate by the name of the "Palermo and Lecompton Railroad Company," and all the powers, conditions and provisions of an act entitled "An Powers. act to incorporate the Central Railroad Company," which are conferred by law upon the said company by the aforesaid act, are by this act extended to and conferred upon the Palermo and Lecompton Railroad Company; Provided, that said company Proviso shall not issue bonds for a less sum than five hundred dollars; that the provisions of sections fourteen and twenty of an "Act to incorporate the Central Railroad Company," chapter eightyfour, Statues of the Territory, are not granted to said road; that, as a substitute to the aforesaid twentieth section, insert "said company shall commence the construction of said road menced within

Road to be comfive years.

within five years after the passage of this act, and shall complete the same within twenty years."

This act to take effect and be in force from and after its passage.

Approved February 19th, 1857.

Names of corporato ́s of road.

Powers.

Proviso.

menced within

AN ACT to incorporate the Palermo and St. Joseph Railroad Company.

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

SECTION 1. That Aldin Clark, Frank M. Mahan, B. R. Martin, W. R. Richardson, John Stairwalt, Job V. Kimber and Reuben Middleton, with such other persons as may associate with them for that purpose, are hereby incorporated a body politic and corporate by the name of the "Palermo and St. Joseph Railroad Company," and all the powers, conditions and provisions of an act entitled "An act to incorporate the Central Railroad Company," which are conferred by law upon the said company by the aforesaid act, are by this act extended to and conferred upon the Palermo and St. Joseph Railroad Company; Provided, that said company shall not issue bonds for a less sum than five hundred dollars; that the provisions of sections fourteen. and twenty of "An act to incorporate the Central Railroad Company," chapter eighty-four, Statutes of the Territory of Kansas, are not granted to said road; that, as a substitute to the aforesaid twentieth section, insert, "said company shall

Road to be com- commence the construction of said road within five years after the passage of this act, and shall complete the same within twenty years."

five years,

This act to take effect and be in force from and after its passage.

Approved, February 19th, 1857.

Names of corporators of company.

AN ACT to incorporate the Prairie City and Missouri State Line Railroad
Company.

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

SECTION 1. That A. Brisvalder, Martin Thomas, James Gilchrist, S. R. Hieronymous, Robert Lester, J. A. Isert, P. L. Doane, and P. Donigan, with such other persons as may asso