CHAPTER LXX.

LEAVENWORTH, LAWRENCE AND FORT GIBSON RAILROAD COMPANY.

AN ACT to amend an act entitled "An act to incorporate the Leavenworth, Lawrence and Fort Gibson Railroad Company."

Be it enacted by the Legislature of the State of Kansas: SECTION 1. That section one of an act entitled "An act to incorporate the Leavenworth, Lawrence and Fort Gibson railroad company," passed February 12, A. D. 1858, be amended so as to read as follows: "That John B. Chapman, Hudson Burriss, F. P. Whicker, Joel C. Green, Adam Fisher, Milton M. Hause, Henry J. Adams, G. A. Reynolds, E. D. Ladd, John Speer, S. B. Prentiss, G. W. Deitzler, William Spriggs, H. J. Canniff, Charles Hidden, Darius Rogers, R. Stees, and their associates, are hereby constituted a body politic and corporate, by the name and style of the Leavenworth, Lawrence and Fort Gibson Railroad Company, and, under that name and style, shall be capable of suing and being defended in any courts of competent jurisdiction in law or equity. They may make and use a common seal, alter and renew the same at pleasure; and, by that name and style, said company shall be capable of contracting and being contracted with, and are hereby invested with all the powers, privileges, immunities and franchises of acquiring, by purchase or otherwise, all kinds of property, and holding and conveying real and personal estate."

SEC. 2. That section two of said act be amended so as to read as follows: "That the capital stock of said company shall be two millions of dollars, and may be increased to five millions by the board of directors, if necessary for the business of the company. The stock shall be divided into twenty thousand shares, (or more, if the capital stock shall be increased), of one hundred dollars each share, and shall be deemed personal property, issued and transferred as may be ordered by the by-laws and ordinances of the board of directors of said company."

SEC. 3. That section three of said act be amended so as to read as follows: "That said company is hereby authorized and

empowered to survey, locate, construct, alter, maintain and operate a railroad, with one or more tracks, from the city of Leavenworth, on the most practicable and convenient route, by the way of the town of Lawrence, and via the Ohio City crossing of the Osage river, through the counties of Anderson and Allen, to the southern line of the State of Kansas, in the direction of Galveston bay, Texas, with a branch from Lawrence, by the valley of the Wakarusa river, to the point on the Atchison, Topeka and Santa Fe railroad where said road intersects the Neosho river."

SEC. 4. That section four of said act be amended so as to read as follows: "That said company is hereby authorized to take, and shall have the right of way upon, and may appropriate to its sole use, for the purposes contemplated herein, land not exceeding one hundred feet in width, through the entire length of said road and branch, upon such route as may be determined; and, for the purposes of depots, station houses, machine shops, side tracks, cuttings and embankments, or for building engine houses or shops, wood and water stations, and for all other necessary purposes, may take as much land, earth or material as may be necessary for constructing, completing, operating, preserving and maintaining said road.”

SEC. 5. That section five of said act be amended so as to read as follows: "That all land and materials, or any necessary privilege that may be desired on lands or materials, belonging or accruing to this State, or any county or township, are hereby granted to said railroad company, for the purposes named in the preceding sections; and said company may construct said road on or across other railroads, rivers or streams which may intersect, but not to impair their usefulness."

SEC. 6. That section six of said act be amended so as to read as follows: "That it shall be lawful for said company, their officers, agents, engineers, and such persons as may be employed by them for the purpose of exploring, surveying or locating said road, to enter upon any lands, doing no unnecessary injury, without the consent of the owner; and may acquire by gift, grant, contract, release, donation or otherwise, any lands or property whatever, and may hold the same in any manner deemed best by the company."

SEC. 7. That section seven of said act be amended so as to

read as follows: "That if said company cannot obtain the right of way by purchase or otherwise, or if the owners refuse' to agree upon the terms, or when the owner is unknown, nonresident, idiot, or under age, said company may make application to the judge of the district court, or any justice of the peace where the lands lie or are situated in his county, upon notice posted ten days in some public place, asking the appointment of commissioners to appraise the damages to the lands required for the road.”

SEC. 8. That section eight of said act be amended so as to read as follows: "That upon such application being made to such judge or justice of the peace, he shall appoint three disinterested persons commissioners to appraise such land or damages to property. Such commissioners shall take an oath to faithfully and impartially perform their duties to the best of their judgment. They shall give public notice of the time and place for hearing the parties, and may examine the lands and determine the damages, if any, and may adjourn from time to time, if necessary. They, or a majority of them, shall make up and sign an award to the parties, embracing a description of the land, the amount of damage, if any, and make return of their doings to the clerk of the county or district court; and on the payment of the damages, if any, the property shall vest absolutely in the company. But should either party feel aggrieved by the verdict of the commissioners, they may appeal, as in other cases of appeal from the verdict of a jury before a justice of the peace, and the case shall be tried in the same way."

SEC. 9. That section nine of said act be amended so as to read as follows: "That, if any person or persons shall carelessly, willfully or maliciously hinder, delay or obstruct the workmen on said road, or the passage of trains, or shall place any obstruction on the track, or in any way injure or destroy any mark, stake, tools, cars, or other property whatsoever of said railroad company, or pertaining to it, or aid or abet in the commission of such trespass, all such persons shall forfeit and pay said company, its agents or servants, three-fold the amount of damages done, recoverable before any court of competent jurisdiction, and be liable to indictment and imprisonment for five years.

SEC. 10. That section ten of said act be amended so as to read as follows: "That all the corporate powers of said company shall vest in and be exercised by a president and board of directors, and such officers and agents as said board may appoint, and no person shall be eligible to be elected or to serve as president or director for said company who is not a stockholder and owner of one or more shares of the stock of said company."

SEC. 11. That section eleven of said act be amended so as to read as follows: "That all elections shall be by ballot, and each share shall have one vote, by person or by proxy. The president shall be elected by a majority of the votes of the company, on the first Monday of June, and serve for two years, and until his successor is elected and qualified; and the directors, or any three of them, shall act as judges of election."

SEC. 12. That section twelve of said act be amended so as to read as follows: "The stockholders shall elect thirteen directors annually, on the first Monday of June, who shall continue in office until their successors are elected and qualified. Any five of the directors, with the president, shall be a quorum to transact business; and, in case of vacancy, by refusal to serve, resignation, or otherwise, of a director, the board shall fill the vacancy. In the absence of the president at any meeting of the board of directors of said company, seven of said directors shall constitute a quorum for the transaction of business. The secretary of said company shall, at the written request of five members of the board of directors, call meetings of said board, by directing to each member thereof a written notice of the time and place of such meeting. A majority of the board of directors may, for cause, declare the office of president vacant, and, in case of vacancy in the office of president, the board of directors shall appoint one of their own number president, to serve till the next annual election. The secretary shall give three weeks' public notice of annual elections, by advertisement in some newspaper published in the town where the principal office of the company is located."

SEC. 13. That section thirteen of said act be amended so as to read as follows: "That the president and board of directors shall have power and authority to make such by-laws, ordinances,

rules and regulations as they may deem expedient for the interest of the company, and alter and amend the same at pleasure."

SEC. 14. That section fourteen of said act be amended so as to read as follows: "That said board of directors shall have power to establish such rates of fare and transportation of goods and wares, and collect the same, and govern all matters and things respecting the use of the road, as may be necessary."

SEC. 15. That section fifteen of said act be amended so as to read as follows: "That Hudson Burriss, Joel C. Green, H. C. Justice, F. P. Whicker, Milton M. Ham, Adam Fisher, Henry J. Adams, G. A. Reynolds, E. D. Ladd, John Speer, Darius Rogers and R. B. Jordan, or any five of them, with the president, shall form and constitute the first board of directors, and John B. Chapman the first president of the company."

SEC. 16. That section sixteen of said act be amended so as to read as follows: "That it shall be the duty of the president to preside at all meetings of the board, when present, and, in his absence, the board may appoint a president pro tem. tem. He shall sign all orders, certificates, obligations and contracts, in the name of the company, and to see that all orders of the company, and the by-laws and regulations made by them, are fully carried out and executed."

SEC. 17. That section seventeen of said act be amended so as to read as follows: "That the board of director's shall appoint all necessary officers and servants, and remove the same at pleasure. It shall fix the salaries of its officers and compensation of servants, and for services generally."

SEC. 18. That section eighteen of said act be amended so as to read as follows: "That the company may demand such security from its officers as it may deem expedient. The company may take, for subscription of stock, land or any other kind of property, bonds, notes, bills, or any other evidence of debt; and the company may borrow money on its own credit and the credit of the road and the property thereof, and issue their bonds for said debts, and make all other obligations, on such terms as the parties may agree upon.'

SEC. 19. That section nineteen of said act be amended so as to read as follows: "That the company shall establish one or