ter judgment in favor of owner. Objections when filed. Proviso. ated; and if no valid objection be made to such report, the court Court shall en- shall enter judgment in favor of such owner, against said company, for the amount of damages assessed, and shall make an order, vesting in said company, in fee simple, title of the land in such plat, as report described. Objections to such report must Duties of judge be filed within ten days after the same shall have been filed. Said objections shall be examined by said judge in term time or vacation; and he may hear testimony and by judgment confirm said report, or he may set the same aside, and appoint three other viewers, who shall proceed in the same manner, and make a report, until a report is confirmed: Provided, in order that the progress of the work may not be impeded, that after said owners have filed their report and plat in the office aforesaid, the company, after having made a tender of the amount of damage to the person or persons entitled to the same, or made a deposit of the amount with the clerk of the court in which the case may be pending, shall be authorized to proceed in the construction of the work as fully as though no disagreement had arisen. In all such cases, the court shall adjudge the cost of the proceedings according to equity; and the court shall have power to make such orders, and to take such other steps as will promote the ends of justice between the owners of such land, and the said company; and the said viewers, shall be entitled to the same fees as are allowed to commissioners in partition under this statute. May cross other roads. When commenced and SEC. 10. Said company may build said road along or across any public road or street, or wall of any town or city, and over any stream or highway; but whenever said road shall cross any public road, said company shall keep good and sufficient causeways, or other adequate facilities for crossing the same; and said road 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 road shall be built across any navigable stream, said company shall erect a bridge sufficiently high on which to cross, or shall construct a drawbridge, so that in no case shall the free navigation of such stream be obstructed. When any person shall own lands on both sides of said road, said company, when required so to do, shall make and keep in good repair one causeway, or other adequate means of crossing the same. SEC. 11. Said company shall commence the construction of completed. said road within five years, and shall complete the same within General powers twelve years thereafter; and said company shall have general power to use, manage, control and enjoy said road; shall deter granted. mine what kind of carriages shall be used thereon, and by whom, and in what manner, and shall determine the terms, condition and manner in which merchandize, property and passengers shall be transported, and shall have power to construct and keep such turnouts, gates, culverts, toll houses, depots, warehouses, causeways, and other buildings, machinery and fixtures as may be necessary. Said company may receive such tolls and freights as may be determined upon by the directors, and shall keep posted up in their depots estimates of the rates of toll and freight charges. same. when declared, SEC. 12. Dividends of so much of the profits of said company of dividends, as shall be advisable by the directors, shall be declared semi-an- &c. nually, and be paid to the stockholders or their legal representatives on application at the office of said company, at any time after the expiration of ten days from the time of declaring the But the dividends shall in no case exceed the amount of the net profits actually acquired by the company, so that the capital stock shall never be impaired thereby; and if the said directors shall make any dividend which should impair the capital stock of the company, the directors consenting thereto shall be liable in their individual capacities to the company for the amount of the capital stock so divided, and each director present when such dividend shall be declared, shall be considered as consenting thereto, unless he immediately enter his protest on the minutes of the board, and give public notice to the stockholders of the declaring of such dividend. make exhibit of SEC. 13. At every annual meeting of said company, the direc- Directors to tors shall make to the stockholders an exhibit of the affairs and the affairs, &c. condition of the company. One tenth part in interest of all the stockholders may call a meeting, by giving four weeks notice in two public newspapers. tion of road. may require SEC. 14. When said road shall be completed, the company Upon compleshall file a plat thereof in the office of the secretary of the Territory, or of the State or States, as the case may be, and the Legislature may, at any time, require a statement from the com- Legislatnṛe pany, as to the progress of the work, the amount of the business, statement, &c. and the receipts of the company; and the books and accounts of said company may at any time be investigated by a committee. appointed by the General Assembly, and the said corporation shall make an annual report to the secretary of the Territory, Annual report or of the State or States, as the case may be, of the operations of the year ending on the first day of December, which report to be made. Nature of report. County courts may subscribe company. shall be verified by the oaths of the treasurer and acting superintendent of operations, and filed in the office of the secretary of the Territory, or of the State or States, as the case may be, on the third Monday of December, in each year, and shall state, first, the capital stock, and the amount actually paid in; second, the amount expended for the purchase of land, for the construction of the road, for buildings and for engines and cars, respectively; third, the amount and nature of its indebtedness, and the amount due the corporation; fourth, the amount received for the transportation of passengers, of mails, of property, and from all other sources; the amount of freight, specifying the quantity of tons of the products of the first, of animals, of vegetables, food, other agricultural products, manufactures, merchandize, and other articles; sixth, the amount paid out for repairs; seventh, the number and amount of dividends, and when made; eighth, the number of engineers, hands and shops, of engines and cars, and their char-. acter; ninth, the number of miles run by passenger, freight and other trains, respectively; tenth, the number of men employed, and their occupations; eleventh, the number of persons injured, in life or limb, and the cause of such injuries; twelfth, whether any accidents have arisen from carelessness or negligence of any person in the employment of the corporation, and whether such person is retained in the service of the corporation. SEC. 15. It shall be lawful for the county court of any county to stock of said in which any part of the route of said road may be, to subscribe to the stock of said company; and it may invest its funds in the stock of said company, and issue the bonds of such county to raise funds to pay the stock thus subscribed, and to take proper steps to protect the interest and credit of the county. Such county court may appoint one agent to represent the county, vote for it, and receive its dividends; and any incorporated city, town or incorporated company, may subscribe to the stock. of the company, and appoint one agent to represent its interest, and give its vote, and receive its dividends, and may take proper steps to guard and protect the interests of such city, town or corporation. Company shall keep record of State may purchase road, SEC. 16. Said company shall keep a fair record of the whole expenses, &c. expense of constructing said road, and at the end of fifty years, the State or States through which the said road shall pass shall be at liberty to purchase said road, by paying to said company the amount at which it shall be valued, by persons to be mutu when. ally chosen by the State and by the said company; but two years notice shall be given to said company of the intention of the State to purchase said road. SEC. 17. When any person ceases to be a stockholder, he shall Persons ceasing cease to be a member of said company. to be stockholders. SEC. 18. If any person shall wilfully injure, obstruct or des- Any person wilfully injurtroy said railroad, or shall break, destroy or deface any work, ing road, &c. edifice, or other structure or improvement, belonging to said com pany, how confined. SEC. 19. The operations of said company shall be confined to Operations, the general business of locating, constructing, making and using said railroad, and the acts necessary and proper to carry the [road] into complete and successful operation. ered personal Of transfer of SEC. 20. The stock of said company shall be considered per- Stock considsonal property, and shall be assignable and transferable, according property. to such rules and restrictions as the board of directors shall from stock. time to time make and establish, subject however to the laws of the Territory, or any future State created out of this Territory, as the same may be made. In case it shall happen, at any time, that an election of directors shall not be made on any day, when, pursuant to this Act or any regulations of said company, it ought to have been made, the said corporation shall not for that cause be deemed dissolved; but it shall and may be lawful on any other day to make and hold an election for directors, in such manner as shall be regulated by the by-laws and ordinances of the company. hold land, &c. SEC. 21. Said company shall have power to receive and hold Have power to loans, gifts, grants and donations of land, money or bonds in any quantity from this Territory, or from any future State created out of this Territory, or the United States, and may sell, convey, pledge, mortgage or otherwise dispose of said lands, money or bonds, or any part thereof, and apply the proceeds of the same to the construction of said railroad. This Act shall 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. Boundaries. CHAPTER LXXVII. CITY OF ATCHISON. AN ACT to Incorporate the City of Atchison, Kansas Territory. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That all that district of country described as follows, to wit: Beginning at the point in the Missouri river, in the middle of the main channel, opposite to where the northern boundary line of the south half of fractional section thirty-one, (31,) township five (5,) south, range twenty-one (21,) east, strikes the Missouri river; running thence a westerly course about one and one-half mile, to the north-west corner of the south-west quarter of section thirty-six, (36,) township five (5,) south, range twenty (20,) east; thence a southerly course about fiveeights of one mile, to a point four hundred and twenty (420,) feet south of the south-west corner of the same, thence easterly about one-half mile, to a point four hundred and twenty (420,) feet south of the north-west corner of section six, (6,) township six (6,) south, range twenty-one (21,) east; thence southerly to the south-west corner of the north fractional half of fractional section six, (6,) township six (6,) south, range twenty-one (21,) east, about one-half mile; thence along the south boundary line of said fractional half section, to the middle of the main channel of the Missouri river; thence northerly up said Missouri river, in the middle of the main channel thereof, to the place of beginning, and including the south half of fractional section thirty-one, (31,) township five (5,) south, range twenty-one (21,) east, the south half of section thirty-six, (36,) township five (5,) south, range twenty (20,) east, and the fractional north half of fractional section six, (6,) township six (6,) south, range twenty-one east, and four hundred and twenty (420,) feet off north side of the north of the north-east fractional quarter section one, (1,) township six (6,) south, Incorporated. range twenty east, is hereby erected into a city by the name of the City of Atchison, and the inhabitants thereof are hereby constituted a body corporate and politic, by the name and style of the City of Atchison, and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued, plead and be impleaded, defend and be defended, in all courts of law and equity, and in all actions whatsoever; may |