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company, for the manner and mode of acquisition and disposal of property, real, personal and mixed, for the benefit of said corporation, and generally to do and perform all things necessary to carry into effect fully and completely the objects of this act of incorporation. (a)

SEC. 2. The Green Cove Springs and Melrose Railroad shall commence at Green Cove Springs, upon the St. Johns river, the point of beginning to be selected by the president and directors of said company when duly organized and approved by a majority of the shares of said company, voted at a regular meeting of said company, either at the organization or at the first regular or called meeting thereafter, and from thence in as nearly a direct line as possible in a westwardly direction to the town or village of Melrose, practicability and eligibility of the route to be determined by the president, subject to approval by the stockholders. (a)

Route.

SEC. 3. The capital stock of said company shall be one hun- Capital stock. dred thousand dollars, divided into shares of one hundred dollars each, which said capital stock may be increased to two hundred thousand dollars, should such increase be deemed necessary by the stockholders for the best interests of the company in the speedy completion of the road, and furnishing equipment therefor. (a)

SEC. 4. Books of subscription to the capital stock of said company shall be opened within thirty days after the passage and publication of this act at such places and under such circumstances as the incorporators may designate. Ten per centum of the share or shares of stock shall be paid at the time of subscription, and the remainder shall be paid in instalments as called for by the president, and any stockholder in arrears for any instalment thirty days after such instalment is called for shall be deprived of his vote in stockholders' meeting, and shall forfeit his stock, and all payments thereon, to the company, subject, however, to such rules and regulations as may be established by the company. (a)

Capital stock.

SEC. 5. As early a time as practicable after a sufficient fum- Organization. ber of shares of stock shall have been subscribed for and the per centum paid, a meeting of stockholders shall be called and held at such time and place as may be designated in the notice, and at that meeting of stockholders there shall be elected five directors, to be chosen from the stockholders, by the votes of said stockholders, each stockholder, either by himself or by proxy, being entitled to one vote for each share of stock held by such stockholder, subject to the provisions of the preceding section; and as soon as directors shall have been elected they shall proceed at once to elect from their number a president, said president and directors to hold their respective offices for the term of one year, or until their successors are elected and qualified. The respective duties of the president and directors

(a) Secs. 1, 2, 3 and 4, Chap. 3330, Act of Feb. 28, 1881.

Annual meetings.

Railroad.

Survey.

may be prescribed by the by-laws of the company. There shall be annual meetings of the stockholders of said company at such place as they may designate by vote of the stockholders. (b)

SEC. 6. The said company shall have the right and privilege to construct a narrow gauge railroad, or such other railroad, between the places herein mentioned, and complete the same with one or more tracks of iron of such weight as may be practicable, with crossties, and to equip the same with motive power for the transportation of freight and passengers between the terminus or any station on said road to either terminus thereof, and as soon as practicable after the organization of said company the president and directors, by a competent civil engineer, shall proceed to locate the line of said road, and make the necessary maps, plats and diagrams showing the connections, distance of township, range or section lines, or section or quarter section corners of the State lands with the line of said railroad, and that they furnish a copy thereof to the Trustees of the Internal Improvement Fund for the use of said Trustees. (b)

SEC. 7. The right of way is hereby granted to the said comRight of way. pany through the lands enuring and ceded to the State of Florida by and under the provisions of the act of Congress of the 28th September, A. D. 1850, for the distance of sixty feet on each side of the track or line of rails of said road, and any and all turnouts of the same; and a fee simple to said lands shall vest in said company for the same as fast as said road is graded, and the right to cut timber, procure the necessary earth, stone, and such other materials from all lands above granted of the State, to construct and keep in repair said road, is hereby granted. (b)

Use of land and timber.

SEC. 8. In constructing said railroad it shall and may be lawful for said company, by its proper agents, contractors, servants and employees, or any or all of them, to enter upon and take possession of any and all lands whatsoever, with the timber, stone or other materials, within sixty feet upon either or both sides of the line of rail of said road: Provided, That no land shall be taken from private individuals or corporations without their consent, or without adequate compensation in case of refusal of consent, owning the same; and when the owner or owners of such lands cannot agree upon a sale or price, or when the owner is an infant, feme covert, non compos mentis, or non-resident of the State of Florida, then it shall and may be lawful for the president and directors of the said company, or their proper agent or agents, on giving twenty days' notice in writing to the party or parties owning said land, or to his, her or their agent, if known and within the county; if not, said notice shall be published in some newspaper in the county wherein such lands lie for at least twenty

(b) Secs. 5, 6 and 7, Chap. 3330, Act of Feb. 28, 1881.

quod damnum.

days that application will be made to the County Judge of such county for a writ of ad quod damnum, directed to the Proceeding ad Sheriff of such county, to summon six disinterested persons of lawful age, householders and registered voters of such county, to enquire into and upon oath, to be administered to them by some Justice of the Peace or other person authorized by law to administer oaths, whose duty it shall be to attend in person such inquest and receive the report of such jury. It shall be the duty of the jury aforesaid, upon their oaths, to assess the value of the land, damages for timber, stone or other materials, taking into consideration, however, the benefit accruing to such owner or owners by the construction and completion of said road through their premises. A majority in number of said jury may return a verdict, and if from any cause a Justice of the Peace cannot attend, the sheriff may administer the necessary oath to the jurors. The fees of the jurors in such cases shall be one dollar each per diem, and the fees for the Justice of the Peace and sheriff shall be such as are or may be prescribed by law for such services. In the event the jury shall find damages to be paid by the company the same shall be paid to the sheriff or to the Justice of the Peace, who shall pay the same over to the party or parties, who shall forthwith execute a deed to the company for the right of way as aforesaid, and if upon a tender of the amount so found by the jury, or should they find in favor of the company, and the party or parties owners of such land, stone or other material necessary to the construction of said railroad, shall refuse to execute title as aforesaid, then it shall be lawful for the said company, by its president and directors, or their agent or agents, to enter upon and take possession of, acquire and use such lands, timber, stone and other materials, and all costs and expenses in and about such assessments of damages shall be paid by the company. (c)

SEC. 9. Any and every stockholder in this company may Sale of stock. and shall have the right to sell, dispose of and transfer his, her or their share or shares, or interest of whatsoever kind in the same, or any part thereof, to any other person or persons or corporation, which such transfer shall not be binding unless entered on the books of the company to be kept for that purpose, that is, for the purpose of transfer. (c)

officers.

SEC. 10. The president and directors of said company, or a Subordinate majority of them, shall have the power and are hereby authorized, under the by-laws of said company, to appoint subordinate officers, agents, engineers, conductors and workmen as may be necessary for the construction, completion and operation of the road, and to dismiss them at pleasure. (c)

ings.

SEC. 11. Any number of stockholders in this company hav- Called meeting a majority of shares may call a meeting of the stockholders by giving twenty days' notice in any newspaper published in the Fourth Judicial Circuit of Florida. (c)

(c) Secs. 8, 9, 10 and 11, Chap. 3330, Act of Feb. 28, 1881.

Vacancies.

Land grant.

Powers.

Crossings.

First and sec

ond class cars, &c.

SEC. 12. Any and all vacancies in the board of directors may and shall be filled by the remaining members of said board by ballot. (c)

SEC. 13. For and in consideration of the supposed greatly increased value, as well as for purposes of immigration of people from other States of this Union, to the lands upon and adjacent to the line of railroad herein contemplated, as well also for the purpose of aiding in the construction and equipment of the said railroad, all the rights, powers, privileges, title and interest of the State of Florida in and to the alternate sections of lands embracing the whole of the odd numbers of seetions or fractional sections of land which passed to the State of Florida under and by the provisions of the act of Congress of the 28th of September, 1850, from and within six miles of the entire line of said road, and that upon the completion of said road the fee simple title shall vest in said company and not otherwise: Provided, always, That this grant shall in no wise interfere with lands heretofore granted or donated to any other railroad or public improvement, and that when so ceded said lands may become vested by title in this company, their successors and assigns, forever: And provided, however, The said company shall comply with the provisions of an act entitled "An act to provide for and encourage a liberal system of internal improvements in this State," approved January 6, 1855 Provided, however, That nothing herein shall prevent such company from adopting such gauge as it may choose : And provided, further, That said company shall not be required to use iron of a greater weight than twenty-five pounds to the lineal yard. (c)

SEC. 14. The said company shall have power, by its president and directors, to purchase with the funds of said company all necessary machines, cars, vehicles, locomotives and trains of any description whatever, the said president and directors of said company may deem expedient and necessary for the transportation of passengers and freight, and to build wharves and docks, to establish depots at stations and at the termini of said road, to erect warehouses at the termini and at stations on said road, and to lease or dispose of the same to the best interests of said company, should it at any time become necessary, and that the rates of transportation of freight and passengers shall be fixed by the president and directors, subject to the approval of the stockholders in convention as sembled. (c)

SEC. 15. It shall be the duty of the company to maintain at their own expense a good and substantial crossing at any and all points where said railroad may cross or intersect a neighborhood road or a public highway. (c)

SEC. 16. Said company may provide first and second-class cars for transportation, in each of which fare shall be charged

(c) Secs. 12, 13, 14 and 15, Chap. 3330, Act of Feb. 28, 1881.

stock in ma

at proportionate rates, and passengers, without distinction, paying fare for seats in first-class cars shall be entitled to seats in such cars, and passengers paying for seats in secondclass cars shall be entitled to seats in second-class cars. (d) SEC. 17. In order to facilitate the speedy construction of the Subscription to road bed, the placing of crossties and preparing the track for cars and means of transportation, subscription to the capital stock of said company may be made in materials, labor or in personal or mixed property, or in real estate, the same to be valued by the board of directors and accepted or rejected at their discretion. (d)

terials, &c.

of stock.

SEC. 18. Certificates of stock shall be issued to stockholders Certificates under such rules and regulations as may be prescribed by the by-laws of said company, which shall be transferable upon the books of the company only and by personal entry of the stockholder or his legal attorney or representative duly authorized for that purpose, and not otherwise. (d)

SEC. 19. The president and directors and all other officers of said company shall make full reports of their actings and doings to the stockholders at their annual meetings. (d)

Reports.

ment and com

SEC. 20. Said railroad shall be commenced within two years Commenceand completed either as a narrow gauge or other railroad pletion of road. within three years from the date of the passage and approval of this act. (d)

SEC. 21. Any Legislature hereafter may alter or amend this Legislative act, not violating in anywise the obligations of any contract power. herein. (d)

SEC. 22. Said above incorporated railroad company shall not Passenger fare charge a greater rate of passenger fare than five cents a mile and penalty. for each passenger traveling thereon, under penalty of forfeiture of all the rights and privileges granted by this act, and any officer or agent of said railroad violating the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty nor more than one hundred dollars. (d)

JACKSONVILLE, ST. AUGUSTINE AND HALIFAX RIVER RAILWAY

COMPANY.

SECTION 1. WHEREAS, James M. Loweree, William S. Sneden, Corporators. Samuel B. Hubbard and others, their associates, have formed and organized a company for the purpose of constructing, maintaining and operating a railroad for public use in the conveyance of persons and property, under the corporate name of the Jacksonville, St. Augustine and Halifax River Railway Company, under the terms and provisions of an act of the Legislature of the State of Florida entitled "An act to pro

(d) Secs. 16, 17, 18, 19, 20, 21, and 22, Chap. 3330, Act of Feb. 28, 1881.

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