Open to inspection.

Transfers how regulated.

Books evidence.

Penalty for negleet of entry or refusal of inspeotion.

Penalty for neglect to keep transfor books.

Liabilities of stockholders.

Debts not to ex

card fifty per

time when they respectively became the holders of such shares,
and every transfer of stock and the amount of stock actually paid
in; which book shall, from nine o'clock in the forenoon until
noon, and from two o'clock in the afternoon until five, on every
day except Sunday, be open for the inspection of all persons who
may
desire to examine the same, at the office of such company;
and any and every person shall have the right to make extracts
from such book; and no transfer of stock shall be valid for any
purpose whatever, except to render the person to whom it shall
be transferred liable for the debts of the company, according to
the provisions of this chapter, until it shall have been entered
therein as required by this section, by an entry showing to and
from whom transferred. Such book shall be presumptive evi-
dence of the facts therein stated, in favor of the plaintiff in any
suit or proceeding against such company, or against any one or
more stockholders jointly. Every officer or agent of such com-
pany, who shall neglect to make any proper entry in such book,
or shall refuse or neglect to exhibit the same, or allow the same
to be inspected and extracts to be taken therefrom, as provided
by this section, shall be deemed guilty of a misdemeanor, and
the company shall forfeit and pay to the party injured a penalty
of fifty dollars for every such neglect or refusal, and all the
damages resulting therefrom; and every company that shall neg-
lect to keep such a book open for inspection as aforesaid, shall
forfeit and pay the sum of fifty dollars for every day it shall so
neglect, to be sued for and recovered in the name of the Terri-
tory, by the district attorney of any county in or through which
the road of such company shall be constructed.

SEC. 31. The stockholders of every company incorporated under this chapter shall be liable in their individual capacity for the payment of the debts of such company, for an amount equal to the amount of the stock they have severally subscribed or held in said company, over and above such stock, to be recovered of the stockholder who is such when the debt is contracted, or of any subsequent stockholder; and any stockholder who may have paid any demand against such company, either voluntarily or by compulsion, shall have a right to resort to the rest of the stockholders who were liable to contribution; and the dissolution of any company shall not release or affect the liability of any stockholder which may have been incurred before such dissolution.

SEC. 32. The debts and liabilities of any company, formed non capital under this chapter, shall not exceed in amount, at any one time,

tock.

Additional liabil

fifty per cent. of the amount of its capital actually paid in, and if such debts and liabilities shall at any time exceed such amount, the stockholders who were such at the time any excess of debts ity of stockholdor liabilities shall be created or incurred, shall be, jointly and severally, individually liable for such excess, in addition to their other individual liability, as provided in this chapter.

ers.

be made to

SEC. 33. The directors of every company, formed under the Annual report to provisions of this chapter, shall report annually to the secretary Territory. secretary of the of the Territory, under the oath of two of such directors, the cost of constructing their road; the amount of all moneys expended; the amount of their capital; how much of the same is paid in, and how much is actually expended; the whole amount of tolls or earnings expended on such road; the amount received during the previous year for tolls, and from all other sources, stating each separately; the amount expended; the amount of dividends made; the amount set apart for repairs, and the amount of indebtedness of such company, specifying the object for which the indebtedness accrued.

inspectors.

tors on complaint

SEC. 34. The justices of the peace in each township in which Justices of peace there shall be any turnpike road shall be inspectors of such roads within their township; and, whenever a complaint in writing shall be made to any two justices of the peace of the same township, that any part of any such road in their township is out of repair, paty of inspeethey shall, without delay, view and examine the road complained of, and, if they find such complaint to be just, they shall give notice, in writing, of the defect, to the toll gatherer or person attend- Gates to be ing the gate nearest the place out of repair, and may, in their when. discretion, order such gate to be thrown open; but such justices shall not order such gate to be thrown open, unless a notice, in Notice to gate writing, shall have been served on the gate keeper nearest the place out of repair, particularly describing such place, at least three days previous to making such order.

SEC. 35. Notice of such order shall be served on such gate keeper, and immediately thereafter the gate ordered to be thrown open shall be opened, nor shall it be again shut, nor shall any toll be collected thereat, until two justices of the peace of the township where such road shall have been out of repair shall grant a certificate, that such road is in sufficient repair, and that such gate ought to be closed.

SEC. 36. Whenever any part of any such road shall be out of repair, and the gate nearest to the place out of repair is situated in an adjoining county, and two justices of the township in such ad

thrown open,

keeper.

No toll to be colJustices grant

lected until two

certificate.

When gate situcounty to part of

ated in adjoining road out of repair

Appeal from decision of justice of the peace.

Proceedings on appeal.

Penalty to gate keeper who refuses to throw open his gate.

Fees for viewing road out of repair

Foos how paid.

joining county, where such gate may be, upon complaint made to them, in writing, shall view and examine the road complained of, and proceed thereon as provided in the thirty-fourth section of this chapter, in like manner as if the portion of road complained of was within the township where such gate is situated.

SEC. 37. Whenever any toll gate shall be ordered to be thrown open, as provided in the preceding sections, or whenever such justices shall refuse to grant a certificate that the road complained of is in sufficient repair, the company owning such gate, or the gate keeper attending the same in their behalf, may appeal from the order or decision of such justices to the judge of any court having jurisdiction thereof in the same county where such justices reside, by delivering a statement in writing of their order or decision, and of such appeal, verified by affidavit, to such judge; and, thereupon, such judge shall forthwith proceed to view and examine the road complained of, and may reverse or confirm the order or decision of such justices respecting the same; and, if he shall reverse their order or decision, then such gate may be closed, but, if he shall confirm the same, then such gate shall not be closed until such judge shall grant a certificate that such road is in sufficient repair.

open

SEC. 38. Every keeper of a gate ordered to be thrown open, who shall not immediately obey such order, or who shall not keep such gate until a certificate permitting it to be closed shall be granted, or who, during the time such gate ought to be open, shall hinder or delay any person in passing, or take or demand any tolls from any person passing, shall for each offense forfeit the sum of ten dollars to the party aggrieved.

SEC. 39. To each justice of the peace who shall view a turnpike road, upon complaint made to him, and to each judge for like services, shall be allowed the sum of one dollar and fifty cents for each day spent by him in the performance of such duty; and, if the road viewed shall be adjudged to be out of repair, such fees shall be paid by the company to which the road shall belong; otherwise, they shall be paid by the party making the complaint.

SEO. 40. Such fees, when payable by the company, shall be paid by the toll gatherer nearest that part of the road adjudged out of repair, on demand, and out of the tolls received or to be received by him; and may be recovered, with costs, of such toll gatherer, if he shall neglect or refuse to make such payment.

SEC. 41. Every toll gatherer, who at any such gate shall unreasonably hinder or delay any traveler or passenger, or shall

demand and receive from any person more toll than by law he is authorized to collect, shall, for each offense, forfeit the sum of five dollars to the person aggrieved.

When Judgment

against toll gath

erer paid by cor

SEC. 42. Whenever a judgment is obtained against a toll gatherer for a penalty, or for damages for acts done, or omitted to poration. be done by him, in his capacity as toll gatherer, and goods and chattels of the defendant to satisfy such judgment cannot be found, it shall be paid by the corporation whose officer he shall be; and if, on demand, payment be refused by the corporation, the amount of such judgment may be recovered, with costs, of such corporation.

Rates of toll to be

SEC. 43. It shall be the duty of the directors of every such posted. company, to affix and keep up, at or over each gate, in some conspicuous place, so as to be conveniently read, a printed list of the rates of toll demandable at such gate.

Persons detained

made.

SEC. 44. Each toll gatherer may detain, and prevent from until payment passing through his gate, all persons riding, leading or driving animals or carriages subject to toll, until they shall have paid respectively the tolls authorized by law.

Corporation lis

for want of re

SEO. 45. Any such corporation shall be liable for all damages, ble for damagos that may be sustained by any person or persons, in consequence pairs. of neglect or omission to keep such road in good condition and repair.

Willful injury to

meanor.

SEC. 46. If any person shall willfully obstruct, break, injure road a misdeor destroy any road constructed under the provisions of this chapter, or any work, building, fixtures or toll gate attached to or in use upon the same, belonging to said company, such person so offending, shall, for every such offense, be deemed guilty of a misdemeanor, and shall be punished by fine, not exceeding five hundred dollars, or by imprisonment in the county jail, not exceeding one year.

Penalty for

SEC. 47. Any person who shall, forcibly of fraudulently, pass voiding gate. any toll gate erected on such road, in pursuance of this chapter, without having paid the legal toll, and any person who, to avoid the payment of legal toll, shall, with his carriage or horse, or other vehicle or animal liable to toll, turn out of such road, or pass any gate thereon on ground adjacent thereto, and enter again on such road, shall, for each offense, be liable to a fine not exceeding ten dollars.

SEC. 48. The Legislature may, at any time, establish rules and regulations for the government of any such corporation in relation to such road, the use of the same, and the rates of tolls to

Legislature may

alter and

this act.

Forfeiture of privileges.

Limitation of

time to complete road.

Failure to comply forfeits privileges.

Banking prohibited.

Interest on surplus earnings limited.

be collected thereon, and may alter, amend or repeal this chapter, or may annul and disfranchise any corporation formed or created under the same; but no such legislative action shall take effect under one year from the passage thereof.

SEC. 49. Every company incorporated under this chapter shall cease to be a body corporate, if, within two years from the filing of their articles of association, they shall not have actually completed five consecutive miles of their road.

SEC. 50. After the first two years from the date of their filing their articles of association, it shall be the duty of all companies to construct at least one-third of the remaining portion of the road each year consecutively with the first.

SEO. 51. If any company shall fail to comply with the conditions of the preceding section, they shall forfeit all rights to the further extension of their road, and shall only be entitled to control that portion of the road actually completed.

SEC. 52. No company or corporation shall, under any pretense whatever, exercise any banking powers, under a penalty of forfeiture of their rights under the provisions of this chapter; but any one or all of five companies, who shall first construct fifteen consecutive miles of road under the provisions of this chapter, shall not be restricted from loaning their earnings or surplus funds at a rate of discount below two and a half per cent. per month for the first ten years from the date of their organization. A. LARZALERE,

Speaker of the House of Representatives.
C. W. BABCOCK,
President of the Council.

May be incorpo

rated on petition of inhabitants; boundaries.

140

CHAPTER LXXX.

AN ACT Providing for the Incorporation of Towns and Villages.

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

SECTION 1. Whenever two-thirds of the inhabitants of any town or village, within this Territory, shall present a petition to the probate court of the county, setting forth the metes and