May own banks of stone coal.

Lawful to own land.

Stock transfer. able.

First meeting.

Real estate.

Duration.

their election, shall proceed to elect one of their number president of the company, and the president and directors shall elect or appoint all other officers and agents, which they shall deem necessary for the management and care of the business of the company.

SEC. 11. The said company may purchase, lease and own banks of stone coal wherever they may deem necessary; and said company shall mine and have for sale said coal at a reasonable price, as soon as practicable after possession of said coal bank is obtained, unless a sufficient quantity of coal is offered for sale within convenient distance of such coal bank.

SEC. 12. That it shall be lawful for said company to own pieces or parcels of land on the route of their roads, or in the vicinity of their works, to erect warehouses, work-shops, and other buildings thereon, and to lease and sell lots to workmen and others.

SEC. 13. The stock of said company shall be transferable on the books of said company, in such manner as the board of directors shall prescribe by law.

SEC. 14. The first meeting of the stockholders of said company may be called by any one of the first three individuals mentioned in the first section of this act, and the election of directors be proceeded with.

SEC. 15. That this act of incorporation shall be so construed as not to allow the company to purchase or hold any real estate more than is necessary for the purpose of mining for coal, and the construction of roads, warehouses, &c.; nor shall said company enter upon the lands of any other persons, for the purpose of mining and exploring for coal, without the consent of such landholder or landholders.

SEC. 16. This corporation shall continue for fifteen years. This act to take effect and be in force from and after its passage.

Approved February 17th, 1857.

Corporators of company and their powers.

AN ACT to incorporate the Newcastle Coal and General Mining Company. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows:

SECTION 1. That Richard Rose and A. M. Mitchell, their associates and successors, are hereby constituted a body politic and corporate by the name and style of the "Newcastle Coal

and General Mining Company," for the purpose of exploring for coal and other minerals in Doniphan and Browne counties, and for mining and vending the same, and for such purposes may erect all necessary buildings and other apparatus and fixtures for carrying on their operations; and by that name may sue and be sued, plead and be impleaded, appear, prosecute and defend, in any court of law or equity, in all suits and actions; may have a common seal, and the same altered and renewed at pleasure; and may enjoy the privileges incident to corporations; and may purchase, hold, mortgage, transfer and convey any real and personal estate.

Calling of first meeting

SEC. 2. That the first meeting of said corporation may be called by the persons named in this act at such time and place as they may select. At such meeting, a board of directors may be chosen from among the stockholders present at such meeting, and such board of directors shall take charge of the operations of the company, subject to such rules and regulations as may be adopted by the stockholders. Said directors shall Directors shall hold their offices for one year, or until their successors are appointed, and may adopt such by-laws and regulations for the government of the concerns of the company as they may deem. expedient, not inconsistent with the rules made by the stockholders as aforesaid, nor with the constitution of the United States.

hold office one

year.

Directors shall cause a book to be

SEC. 3. That the directors shall cause a book to be kept containing the names of all persons who are stockholders of kept, &c. said company, showing their places of residence and the number of shares of stock held by each respectively, and the time when they became respectively the owners of said shares, and the amount of stock actually paid in ; which book shall, during the usual hours of each secular day, be opened at their office in the town of Newcastle, for the inspection of the stockholders and creditors of the company, and their representatives.

SEC. 4. That the said corporation may divide their original stock into such number of shares, and provide for the sale and transfer thereof in such manner and form, as they may deem expedient, and may levy and collect assessments, and forfeit and sell delinquent shares in said mines in such manner as their by-laws may direct.

Corporation may stock, &c.

divide original

Corporation shall not contract

SEC. 5. That the said corporation shall not contract debts until the sum of fifty thousand dollars of the capital stock of debts, &c. the company is paid in, no part of which shall be withdrawn or

Ready transportation, &c.

Toll gates.

Lawful for ompany to own land, &c.

May own banks of stone coal, &c.

Capital stock of company.

In event company shall construct road.

Right of way.

Proviso

in any way diverted from the business of this company, and shall not contract debts at any time beyond or exceeding the capital stock of said company.

SEC. 6. That, for the ready transportation of the products of said mines and manufactures, the said company shall have power to convey, locate, establish and construct a railroad, macadamized road or turnpike from the works and premises of the company to such point on the Missouri river as said company shall select, and the said road with its necessary appurtenances keep in continual use and repair; and if a macadamized road, or turnpike road, or plank road is constructed, to establish toll-gates, and collect and exact tolls from persons using said road; the rate of toll to be established by the tribunal transacting county business so soon as said macadamized or plank road is completed, or partly completed.

SEC. 7. That it shall be lawful for said company to own pieces or parcels of land on the route of the road to the river, and to erect warehouses, workshops and other buildings thereon, and to lease and sell lots to workmen or other persons.

SEC. 8. That the said company may purchase, lease and own banks of stone coal and other minerals, in the above named counties, whenever they may deem necessary.

SEC. 9. The capital stock of said company shall consist of five hundred thousand dollars-to be divided into shares of one hundred dollars each, with the privilege of increasing the same to one million of dollars, in addition to the lands and real estate which said company may acquire either by purchase for money or its own stock-and all real estate purchased with the stock of the company, which may be created and certificates issued accordingly.

SEC. 10. That in the event said company shall construct any such road as hereinbefore authorized to be constructed, and it shall be found by said company that the capital of said company is insufficient for such purpose, it shall be lawful for such company to receive new subscriptions for stock to the amount of the cost of such road, or such portion thereof as may be necessary; that they may increase the capital stock in proportion to such additional subscription.

SEC. 11. The said company shall have the right of way over any land through which such road, as may be constructed, shall pass; Provided, that said company shall pay all damages or injury which may be done by the construction of such road, or shall have obtained the right of way from the proprietor of such

lands; such damages to be assessed by a jury upon the order or warrant of any justice of the peace of the county through which such road may run, upon ten days' notice; and such jury shall take into consideration, in their assessment, as well the benefit derived, as the injury done to any such premises.

Management of company vested in

SEC. 12. The management of said company shall be vested in five directors, who shall be stockholders, any three of whom directors. shall constitute a quorum to do business; such directors shall hold their offices for one year, and until their successors are elected and qualified.

Board of directors shall elect the

SEC. 13. The board of directors, as soon as practicable after their election, shall proceed to elect one of their number presi- president, &c. dent of the company, and the president and directors shall elect or appoint such other officers and persons as they shall deem necessary for the management and care of the business of the company.

SEC. 14. The stock of said company shall be transferable on the books of said company, in such manner as the board of directors shall prescribe by law.

Stock transferable.

Company may order books to be

SEC. 15. Said company may, under the direction of the persons mentioned in the first section of this act, open books at opened. such place or places as they may deem proper; and if such persons shall not open such books, then the board of directors of such company may cause the same to be done at any time thereafter, under such regulation as the board think best.

Time corporation shall contin

SEC. 16. This act of incorporation shall continue in force for fifteen years. Nothing in this act shall be so construed as ue in force, &c. to empower said company to purchase or hold any more real or other property than may be necessary for the legitimate purposes of said coal and general mining company; nor to enter upon the lands of other persons for the purpose of exploring for coal or other minerals, without the consent of such landholder or landholders.

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

Approved, February 14th, 1857.

Privileges granted, &c.

What shall not

be lawful,

&c.

Rates of tell.

In case bridge

BRIDGES.

AN ACT entitled an act to authorize a Company to build a Bridge across the Grasshopper Creek, in the Territory of Kansas.

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

SECTION 1. That from and after the passage of this act the sole and exclusive privilege is hereby granted, for the period of twenty years, to Joseph Haddox, Dudley Plummer, Alexander Bayne, and James Skaggs, their heirs or assigns, to build, construct and erect a bridge across the Grasshopper creek, near the mouth of the same, provided that the said bridge shall be completed in two years from the passage of this act.

SEC. 2. That it shall not be lawful for any person or persons whatsoever to build, erect or construct a bridge or ferry on or over the Grasshopper creek, within three miles of the mouth of said creek, except the company as above named.

SEC. 3. The said Joseph Haddox, Dudley Plummer, Alexander Bayne, and James Skaggs, their heirs and assigns, shall, and they are hereby authorized and empowered to demand and receive the following rates of charges or toll for crossing said bridge until otherwise changed by law, to-wit: For every wagon, fifteen cents, and five cents for each and every horse, mule or ox attached to or used in said wagon; for every pleasure carriage fifteen cents, and five cents for every horse or mule attached thereto; for each and every loose ox, cow, bull, calf, horse, mule, jennet, or ass, three cents; for each and every loose hog, sheep or goat, one, cent; for each and every person, three cents; for each man and horse, five cents; for each one hundred pounds of merchandise or other property not the load of wagon, three cents.

SEC. 4. If the company before mentioned shall suffer the shall go to decay, said bridge to go to decay so as to render crossing thereon unsafe, or shall suffer said bridge to remain out of repair for the space of six months at any time, the privileges herein granted shall cease and determine.

Where bridge sball be built.

SEC. 5. That said company shall not have the right to build a bridge upon the lands of any other person without their consent, except that they may build a bridge upon a public road where the right of way is granted to the territorial or state government by Indian treaties or otherwise.