company, shall be held jointly and not separately: Provided, That nothing in this act contained shall be so construed as to prevent the profits and dividends which may be declared upon said stock being applied by each stockholder to his, her or their individual purposes. (1)

passengers, &c.

Goods liable for transpor

SEC. 23. The President and Directors of said company shall Rates of transhave the right to demand and receive such prices and sums for Portation. how transportation by their own means, cars and carriages, and other vehicles on said railroad, for passengers, produce, goods and all other articles whatsoever, as may, from time to time, be authorized and fixed by the by-laws of said company: Provided, That such prices and sums shall not be increased without at least sixty days' previous notice thereof being given in some newspaper printed in the city of Tallahassee and Jacksonville; and the said company shall continue to receive such prices and sums for the transportation of passengers, produce, goods and all other articles whatsoever, as may be prescribed by the by-laws of said company, so long as the said railroad shall be kept in operation and in good repair and condition; and the said company shall be bound and held responsible for any dam- Damages to age said passengers, goods, produce and other articles of whatsoever kind may sustain in transporting the same on said railroad, if it shall appear that the same was caused by reason of any negligence, carelessness or bad condition of the said railroad, within the power of the said company or the agents and servants thereof to prevent and control, and all produce, goods, and articles of whatsoever kind transported on said railroad shall be liable for the rates of such transportation with which tation. they may be chargeable, and may be detained until the same be paid and discharged; and if the same be not paid, and such goods, produce, and articles of whatsoever kind, shall remain in the possession and custody of said company for the space of three months, unless they may be perishable articles, they shall and may be sold at public auction, and after the expenses of transportation, storage, and auction cost and commissions shall be paid, the remainder shall be paid to such person or persons, or corporation, or their agents, who shall be entitled to receive the same: Provided, That when the said rates or charges have repaid to the stockholders the full amount of the cost of the railroad, together with all the expenses thereof, then it shall be the duty of said company to arrange its charges, that not more than twenty per centum per annum shall be received upon the whole amount of said stock, and the expenses thereon, and that if the rates so established shall exceed twenty per centum as aforesaid, then the surplus to be paid to the State for the benefit of common schools. (1) SEC. 24. If any person shall intrude upon said railroad, or Intrusion, &c., any part thereof, or upon the rights and privileges connected on road. pen. alty for. therewith, without the permission or contrary to the will of

(1) Secs. 13 and 14, Chap. 482, Act of Jan. 8, 1853.

Minimum of profit.

Report to stock

made.

said company, all the vehicles, articles, animals or locomotive power that may be so intrusively introduced or used thereor. may be seized by the company so intruded upon, or its agents. or damages may be recovered by suit at law; and, moreover, the person or persons so offending shall be liable to be indicted as for a misdemeanor, and, upon conviction in the Circui Court of the district in which the offence shall have been com mitted, shall be fined in a sum not more than five hundred dollars nor less than fifty dollars; and if any person shall art fully and maliciously cause, aid or assist, consult or advise, any other person or persons to destroy, or in any manner of way hurt, damage, injure or obstruct said railroad, or any part or portion thereof, or any edifice, vehicle, right or privileg granted and vested by this act, and constructed for use under the authority thereof, such person or persons so offending shall be liable to be indicted, and on conviction thereof shall be im prisoned not more than twelve months, and not less than one month, and pay a fine not exceeding five hundred dollars, no less than fifty dollars, at the discretion of the court before which,said conviction shall be had, and shall be further liable to pay all expenses of repairing the same; the one-half of the fines which may be imposed by the said court and collected under this act shall go to the informer, and the other half to the use of the Common School Fund: Provided, That the said company shall in all cases be liable for costs, in case of failure to convict or inability to pay of the person convicted. (m)

SEC. 25. The president and directors of said company shall be holders, when required to make a full report to the stockholders of the said company, at their yearly meetings for the election of directors, and the directors shall have power to call a meeting of the stockholders, whenever the affairs of the company, in their opinion, may render it expedient and requisite to call such meeting. (m)

New name.

When change

SEC. 26. The corporate company owning the property for merly known as the Florida Railroad, and which has hereto fore been known as the Florida Railroad Company, shall hereafter be known as the Atlantic, Gulf and West Indis Transit Company; and the rights, franchises, and privileges. as well as the duties, responsibilities and liabilities of the said corporation, shall in all respects remain and continue the same as though no change had been made in their said name. (^)

SEC. 27. This law shall take effect so soon as the stockto take effect. holders of said corporation shall pass a resolution adopting such change in their name, and shall transmit to the Governor of this State an authenticated copy of the said resolution, to be filed in the office of the Secretary of State. (n)

(m) Secs. 15 and 16, Chap. 482, Act of Jan. 8, 1853.

(n) Secs. 1 and 2, Chap. 1918, Act of Jan. 18, 1872.

ATLANTIC AND GULF COAST CANAL AND OKEECHOBEE LAND

COMPANY.

Powers.

SECTION 1. Hamilton Disston, William H. Wright, Whitfield corporators. H. Drake, William C. Parsons, Albert B. Linderman, Ingham Coryell, Jacob Summerlin and F. A. Hendry, and their associates and successors, are hereby created and shall forever be a body corporate by the name and style of "The Atlantic and Gulf Coast Canal and Okeechobee Land Company," and by such name shall be capable in law to contract, purchase, receive, hold and convey and quietly enjoy lands and tenements, goods and chattels, property of every kind, whatsoever the same may be, operate canals and steamboats, and the same to grant, sell, mortgage. convey and dispose of, to sue and be sued, to plead and be impleaded, to contract and be contracted with, to make a common seal, and at pleasure to alter and break the same, to ordain, establish and put in execution such by-laws as it may deem necessary and expedient, not in conflict with the laws of the United States or the State of Florida. (a)

SEC. 2. The capital stock of said company shall be ten mil- Capital stock. lion dollars, and be divided in shares of ten dollars each. (a)

SEC. 3. Said company be and is hereby authorized and em- Powers. powered to buy, hold and improve lands in the State of Florida, erect and maintain saw-mills, factories, and engage in agricultural pursuits for the raising of products of the earth, manufacture or refining sugar, and dispose of the products thereof, buy, hold and sell personal property, make contracts for the purchase, sale and improvement of real estate in Flor ida, and for the construction and building of canals and railroads that have been or may hereafter be chartered by the Legislature of the State or under the general incorporation act, and transact such other business in relation to the purchase, holding and selling of real and personal estate as the board of directors may vote. (a)

SEC. 4. Said company shall have the power elect a President officers and and Board of Directors to manage the business and affairs of by-laws. said company, and pass all by-laws needful for the regulation of said company, to appoint all such agents and officers as may be necessary, to prescribe their duties and to suspend or remove them at pleasure, and require of such officers or agents such bonds, with sureties, as they may deem expedient. (a) SEC. 5. The election of the board of directors shall be held officers. at an annual meeting of said company, and that at such election each stockholder shall be entitled to one vote for each and every share of stock held by him, and shall be allowed to vote either in person or by proxy. The president shall be elected from the members of the board of directors by a majority vote of said board. Any vacancy or vacancies in the

(a) Secs. 1, 2, 3 and 4, Chap. 3343, Act of March 8, 1881.

Certificates

of stock.

Paper for current circulation.

May acquire franchises of steamboat. canal and im

provement and drainage companies.

Conditions as

sitions.

board of directors may be filled by said board for the unexpired term for which said board is elected. The president and directors shall hold their offices for one year and until their successors are elected: Provided, That if from any cause the annual meeting as provided by the by-laws of said company shall not be held, the board of directors shall continue to hold their offices until the election of new directors shall take place. (b)

SEC. 6. The certificates of stock of this company shall be transferable on the books of the company only, and shall be so transferred by the stockholder in person or by his attorney duly authorized in writing. (b)

SEC. 7. Nothing in this act shall be so construed as to authorize said company to issue any description of paper intended for current circulation. (b)

SEC. 8. It shall be competent, and is hereby declared legal, for the above-named “Atlantic and Gulf Coast Canal and Okeechobee Land Company" to buy, purchase and by transfer acquire the corporate franchise and privileges of any company heretofore organized for the purpose of operating a steamboat, canal and improvement company, or to accept and receive by transfer and assignment all the rights, privileges, immunities and contracts of any such company, or of any individuals possessing and now holding any rights to construct canals or operate steamboat lines or engage in works of drainage and reclamation, either under the general law of this State, or under the operation thereof, or by contract with the State of Florida, or the Trustees of the Internal Improvement Fund of the State of Florida. (b)

SEC. 9. Whenever the said "Atlantic and Gulf Coast Canal to such acqui- and Okeechobee Land Company" shall receive any transfer of charters or contracts under the provisions of this act, the said corporation shall assume and retain the chartered privileges and contracts, the obligations of the companies or individuals from whom they receive such assignments, with all the privileges and obligations thereunto belonging, and the said companies and individuals so assigning and conveying shall be divested of their franchises and privileges, of their corporate or individual obligations. (b)

Repeal.

SEC. 10. All laws and parts of laws in conflict with the provisions of this act are hereby repealed. (b)

Grant of alternate sections within six

miles of road.

EAST FLORIDA RAILWAY COMPANY.

SECTION 1. WHEREAS, The East Florida Railway Company have obtained a charter under the act entitled "An act to Provide a General Law for the Incorporation of Railroads and Canals," approved February 9, 1874, and the amendments

(b) Secs. 5, 6, 7, 8, 9 and 10, Chap. 3343, Act of March 8, 1881.

thereto, to build a railroad from Jacksonville, in Duval county, to Calico Hill, on the St. Marys river, in Nassau county, and have graded the whole line of said railroad; therefore, to aid said company to complete their said line of railroad, be it enacted, that the State of Florida hereby grants to the East Florida Railroad Company the alternate sections of the lands granted by the United States to the State of Florida, under an act of Congress of September 28, 1850, lying on each side and within six miles of their line of railroad located, and now in process of construction from Jacksonville, in Duval county, to Calico Hill, on the St. Marys river, in Nassau county: Provided, Said company shall comply with the provisions of the act entitled "An act to Provide for and Encourage a Liberal System of Internal Improvements in this State," approved January 6, 1855, and the amendments thereto, as to the manner of constructing the said railroad and drainage. (a)

SEC. 2. Upon the completion of said line of railroad the title Vesting of title. to said alternate sections above granted shall vest in said com

pany, and a deed therefor shall be issued by the Trustees of Deed.

the Internal Improvement Fund to the said company. (a)

trustees.

grant.

SEC. 3. Upon the filing with the Board of Trustees of the withdrawal Internal Improvement Fund by the said company of the sur- from sale by vey of the route of said railroad, the said Trustees shall withdraw, at the election of said company or its president, the odd or even-numbered sections within such limit of six miles, along or opposite the route of said railroad, from sale. (a) SEC. 4. In case there is an insufficiency of such lands lying Suppletory along and within the distance aforesaid of the said line of railroad, held by the State of Florida, to make up the number of acres included in the above grant to the said company, in that event the deficit shall be located elsewhere nearest, and within fifteen miles of said line of railroad, in alternate sections as aforesaid, and the same are hereby granted to said East Florida Railway Company by the State of Florida: Provided, Subject to Inhowever, That the grant of lands made by this section is made ternal Improvesubject to the rights of all creditors of the Internal Improve- ment Act trusts. ment Fund, and to the trusts to which said Fund is applicable and subject under the act entitled "An act to Provide for and Encourage a Liberal System of Internal Improvements in this State," approved January 6, 1855, and subject to the control, management, sale and application of said Fund, and the lands constituting the same, by the Trustees of the Internal Improvement Fund, for the purposes of said trust, under said act: Provided, however, That the title to the lands granted under this section is not to vest until they shall be released from the indebtedness existing against said trust fund, it being the purpose of this section to grant the residuary interest of the State in the lands granted by said act of September 28, 1850, after satisfaction has been made of said indebtedness, to the extent,

(a) Secs. 1, 2 and 3, Chap. 3328, Act of March 4, 1881.