company, and convey the same in trunks and tanks, or otherwise, to any buildings or machinery owned by said company. Of deeds of conveyance of SEC. 4. All deeds for the conveyance of the real estate of said company, shall be signed by such officer as the said company shall designate; and when so signed, shall be deemed a good and sufficient execution and authentication of said deeds in all courts. SEC. 5. The said stock shall be deemed personal property. This Act to take effect and be in force from and after its perty. passage. G. W. DEITZLER, Speaker of House of Representatives. Approved February 9, 1858. J. W. DENVER, C. W. BABCOCK, President of the Council. Acting Governor. Stock deemed personal pro CHAPTER VI. CHEROKEE MINING COMPANY. AN ACT to Incorporate the "Cherokee Mining Company." Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: porators. thority con SECTION 1. That R. W. Eddy, George A. Crawford, Jonas Names of corEdge, E. S. Lowman and Joseph Cracklin, and their associates and successors, are hereby constituted a corporation, under the name and style of the "Cherokee Mining Company," and by such title and name shall be competent to make contracts, to sue and be sued, to plead and be impleaded, in all cases whatsoever, Powers and auwhether in law or equity, in any and all courts of Kansas Terri- ferred. tory, the same in all respects that a corporation may become a party as natural persons. The said company are authorized to have, and use a common seal, and break [or] alter the same at pleasure; to open and work any mine or mines of iron, lead, coal, or other mineral or ores that may be upon any lands that said company shall acquire within boundaries herein prescribed; have power and authority to erect forges, furnaces, foundries and manufactories of every nature or description that may be necessary to prepare the said ores and minerals for market. That the said company are hereby authorized to purchase, to take Authorized to survey and locate roads &c. Proviso. Of the capital stock. Commissioners. Shall open books for subscriptions. Proviso. by grant, gift, donation or device, any number of acres of mineral land, not to exceed ten thousand acres, with the privilege of increasing the same, not to exceed twenty thousand acres, within the following boundaries in Kansas Territory, viz: Commencing at a point where the 38th parallel of latitude crosses the line between the Territory of Kansas and the State of Missouri, thence due west to the 20th degree of longitude; thence due south to the 37th parallel of latitude; thence due east to the point where the 37th parallel crosses the line between Kansas Territory and the State of Missouri; thence due north to the place of beginning; and to hold, convey, and mortgage the same at pleasure, with the same powers and authority in respect to such property as a natural person. SEC. 2. That in addition to the powers and privileges contained in the 1st section of this Act, the said company are authorized to survey, lay out, construct and establish a road, or roads of plank, turnpike or railroad from the said works and premises of said company, to any point or depot, as shall be deemed necessary to facilitate the transportation of the product of such mines, or beds of ore, or of such manufactories which shall be owned, or shall have been erected by said company; Provided, that nothing in this section shall be so construed as to allow said company to construct roads, turnpikes or railroads, for any other purposes than such as are strictly within the general mining operations. SEC. 3. That the capital stock of said company shall be twenty-five thousand dollars, with the privilege of increasing the same to five hundred thousand dollars, which capital shall be divided into shares of one hundred dollars each, and the holders of the same, shall be entitled to one vote, either in person or by proxy, in the election of the board of directors of said company. open SEC. 4. That the individuals named in this Act of incorporation, or their associates, shall act as commissioners to procure subscriptions to the stock aforesaid, and for that purpose shall books at such times and places after the passage of this Act, as they may deem proper. Provided, that said individuals. acting as such commissioners, shall open the said books for subscription within three months from the passage of this Act. When two hundred and fifty shares shall have been subscribed, and five per cent. thereon actually paid in, the said commissioners shall give notice to the stock-holders of the fact, and shall appoint a time and place for the election of a board of directors. Commissioners surer. execute a bond. SEC. 5. That the commissioners, in the 4th section specified, commista after the passage of this Act, and before the opening of the books, treasurer. for subscription to the stock of the said company, shall elect by ballot, one of their number as treasurer, whose duty it shall be to Duty of treareceive and give receipt for all moneys paid in upon the stock so subscribed. Before such treasurer shall be authorized to receive Treasurer shall such money, he shall execute a bond, with sureties to be approved by the said commissioners, in the sum of fifty thousand dollars, and such additional sum thereafter as shall be fixed by the Conditions. directors, conditioned for the faithful discharge of his duties, and for the safe and secure keeping of all money so paid in, and to pay the same over to the treasurer, thereafter to be elected by said company upon demand. of affairs vested SEC. 6. That the management of the affairs of said company, Management shall vest in seven directors, who shall be stockholders, any four in directors. of whom with the president, shall constitute a quorum to do busi ness. Such directors shall hold their office one year, and until their successors shall be elected and qualified. any va tors shall elect rectors. SEO. 7. That the board of directors, as soon as practicable Board of direcafter their election, shall proceed to elect by ballot, from among officers. themselves, one person to be president for said company, one to be secretary, and one to be treasurer, and appoint such other subordinate officers as the by-laws of said corporation shall prescribe; and at pleasure may remove such treasurer, secretary or Powers of diother subordinate officer or officers, and at any time fill cancy that may in any way happen. Such board of directors, shall have the full management, superintendence and control of the affairs of said company, and shall have power to make and prescribe such by-laws, rules and regulations not repugnant to the laws or the provisions of this Act, as they may deem needful and proper, touching the management and disposition of the stock, property, estate and effects of the said corporation, and in case of vacancy in said board, by death or otherwise, the said board shall have power to fill such vacancy. SEC. 8. That the stock of said company, shall be assignable Stock shall be and transferable according to such rules, and upon such condi- assignable &c. tions as the board of directors may prescribe, and such stock shall be deemed personal property. Provided, that no transfer of stock shall be valid and effectual until registered in a book to be kept by the board of directors, for that purpose, which book at all reasonable hours, shall be open to the examination and in Proviso. If any person wilfully injure works &c. spection of all stockholders, or persons having demands against the corporation, or any member thereof. SEC. 9. That if any person or persons, shall wilfully injure or or destroy any destroy any of the works, buildings, erections, or manufactories of said company, or shall wilfully commit waste, or any manner of damage upon the lands of the said company. Such person or persons, so offending, shall be deemed guilty of a misdemeanor, and shall forfeit and pay to the said company, double the amount of damages actually sustained, to be recoverable in any court having jusisdiction of the same in Kansas Territory. Penalty. Directors shall keep books &c. Treasurer to give bond. Conditions. Directors shall declare dividend. May issue bonds SEC. 10. That the directors shall at all times keep, or cause to be kept, at some proper place, proper books of accounts, in which shall be entered, all the transactions of the said company, which books shall at all times be open to the inspection and examination of the stockholders of said company free of charge. SEC. 11. That the treasurer of said corporation, before entering upon his official duties, shall execute to the directors, a bond to be approved by them, conditioned for the faithful performance of his duties, and for the delivery to his successor in office, or to the said board of directors, all moneys, bonds, bills, notes, and all things which may come to his possession, as treasurer of said board of directors, and of said corporation. The treasurer shall keep a just account of all moneys paid out, and on what account, and render an account of all moneys paid out, and on what account, and render an account of receipts and expenditures of said corporation to said board of directors, as often as once in six months, all which books and accounts shall at any time, and at all seasonable hours of business, be open to each member of the board of directors, or any stockholders, who may obtain the permission of the president of the said board of directors free of charge. SEC. 12. That it shall be the duty of the said board of directors, to make and declare a semi-annual dividend of the shares subscribed, of so much of the surplus profits arising from the business of said company, as they, or a majority of said board may deem advisable, which dividend shall be subject to the call of the stockholders, at any time after such dividend shall have been actually made. SEO. 13. That the said company may, for raising money, for the purposes of this incorporation, issue their bonds, in sums not less than fifty dollars, bearing not to exceed ten per cent. interest per annum, redeemable at any time that the board of direc tors may determine, after five years from the date of the issue thereof. This Act shall take effect and be in force from and after its AN ACT to Incorporate the Ghent Foundry. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: porators. pany. SECTION 1. Bradley E. Vullington, Marshall Barry, David S. Names of corWestovers, John W. Robinson, Lorenzo Westover, and their associates and successors, are hereby constituted a body politic and corporate, by the name of "Ghent Foundry," and by that name shall be known in law, and shall be competent to make Powers of comcontracts, sue and be sued, plead and be impleaded, in all matters and in all courts. Said corporation is authorized to have and use a common seal, and to alter the same at pleasure, and to make such by-laws as may be deemed necessary for the government of its affairs, and for the transfer of its stock by each individual stockholder. stock. SEC. 2. [That] said corporation shall have a capital stock of of capital twenty-five thousand dollars, divided into shares of twenty-five dollars each, and shall have power to receive and collect subscriptions to said stock, hold and convey real estate for the use May hold and of said corporation, not exceeding one hundred and sixty acres, estate. and do all other acts and things, and exercise all the rights and privileges generally appertaining to corporations. convey real right, &c., a dam, &c. SEC. 3. The exclusive right and privilege is hereby granted to Exclusive the said corporation, for the period of thirty years, to build and granted to build maintain a dam across "Solomon's Fork," at, or within one |