Exempt from

carriages and teams, and all the works constructed under the authority of this act, and all profits which shall accrue from the same, shall be vested in the shareholders of the company forever, in proportion to their shares, and the same shall be exempt from any charge or tax whatsoever for the period of taxes. five years after the completion of the road, and they are hereby authorized, at those points in the line of their railroad where it may appear to them important for the accomplishment and business of the road, to establish depots and warehouses, or any other necessary or convenient houses and buildings, to be used by them for all purposes of the said road, or to be disposed of by them when it may be necessary, and to charge and receive for the storage of produce, merchandise and other arti- Rates of storage eles at such warehouses and other buildings as they may find it necessary to construct, rates not exceeding the ordinary warehouse duties. (h)

SEC. 19. In constructing the said railroad it shall and may May appropribe lawful for the said company, by its proper agents or serv- ate lands. ants, to enter upon and take possession of any land whatsoever belonging to the State which may be necessary for the construction of the work contemplated by this act; and any lands which have been or may be granted by act of Congress to this State for the purpose of constructing this road or branches, shall be the property of the said company, to be applied to the construction and finishing of said railroad and branches, and to no other purpose whatsoever; and if by the grading or construction of said road through any swamp or overflowed lands belonging to the State, the said lands shall thereby be reclaimed, one-half of said lands shall become the property of the company, to be applied towards the construction of said railroad: Provided, That no land shall be taken from private individu- Proviso. als or corporations and appropriated to the purpose aforesaid, without adequate compensation to those owning the same, and that it shall and may be lawful for said company, in like manner, to take from any land convenient to said railroad at all times such timber, stone or other materials as may be necessary for the construction and keeping in repair the same: Provided, That nothing belonging to individuals shall be taken without adequate compensation, to be determined in the manner hereinafter provided for. (h)

Proviso.

how appro

SEC. 20. Whenever it shall become necessary for the said Land of private company to take possession of and appropriate or use any individuals, land, stone, timber or other material owned by private indi- priated. viduals or corporations, for the route or site of the said railroad and works, or for constructing and keeping in repair the same, or any part thereof, and the parties do not agree on the value and sale of the land, timber, stone or other materials that may be so taken or appropriated, it shall and may be lawful for the president and directors of said company, or their

(h) Secs. 10 and 11, Chap. 481, Act of Jan. 7, 1853.

proper agent or agents, on giving twenty days notice at least, in writing, to the party owning the same, or to his, her or their agent, to make application to the Judge of the Probate Court of the county in which such lands, stone, timber or other materials may lie, or to the Judge of the Probate Court next adjoining thereto, for a writ of ad quod damnum, which shall be granted, and directed to the sheriff of the said county, or the sheriff of the county next adjoining thereto, to summon five disinterested persons, house-holders, of lawful age, to meet and value the said land, stone, timber or other materials, as the case may be, on oath, to be administered by any Justice of the Peace, whose duty it shall be to attend in person said inquest, and receive their report; and if, from any cause, a Justice of the Peace does not attend such inquest, then the sheriff shall and may administer the oath and receive the report; the amount thus fixed upon by said valuation, the said Justice of the Peace or sheriff shall receive from the said president or directors, or their proper agent, and pay (if there be no Justice of the Peace present) the same over to the person or persons so entitled to receive it, and to take an acquittal or refusal for the same; and on the tender of the sum awarded to the party entitled to receive the same, or to his, her or their May appropri agent or attorney, it shall be lawful for said company, by its

ate lands.

Proviso.

Own land in fee.

Stock, how held

president and directors, or their agent, to enter upon and take possession of and use, any such lands, stone, timber and other materials; but all the costs and expenses incurred by said writ of ad quod damnum and inquest, shall be paid by the president and directors of said company: Provided, That the appraisers shall not be allowed more than one dollar each per day, whilst engaged in such duties, and the Justice of the Peace and sheriff such fees as are usual in similar cases. (i)

SEC. 21. All property so assessed and paid for by the president and directors of said company or its agents, agreeably to the provisions of this act, and all donations made to and for the same shall forever afterwards belong to and become the property of said company, its successors and assigns, in fee simple, in proportion to the number of shares owned by the stockholders respectively. (i)

SEC. 22. Any stockholder of said company may and shall and transferred. have the right to sell, dispose of and transfer his, her or their interest in the same, or any part thereof, to any other person or persons, or corporations, which said transfer shall not be binding unless entered on the books of the company; but the stock of said company, and all the property belonging thereto, or which may from time to time be acquired by said 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

Proviso.

(i) Secs. 12 and 13, Chap. 481, Act of Jan. 7, 1853.

stock being applied by each stockholder to his, her or their own individual purposes. (i)

SEC. 23. The president and directors of said company shall Rates and have the right to demand and receive such prices and sums for charges. 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 be from time to time authorized and fixed by the by-laws of said company: Pro- Proviso. vided, That such prices and sums shall not be increased without at least sixty days' previous notice thereof being given in some one or more newspapers printed in the State; 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 railroad shall be kept in operation and in good repair and condition, and the said company shall be bound and held responsible for any damage 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 transportation with which 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 commission shall be paid, the remainder shall be paid to such person or persons, or corporations or their agents, who shall be entitled to receive the same: Pro- Proviso. vived, That when the said rates or charges have repaid to the stockholders the full amount of the cost of the railroad, together with 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. (i)

SEC. 24. The said railroad company shall, at all times, Exclusive have the exclusive right of transporting or conveying pas- privileges. sengers, produce and articles of whatsoever kind, on said railroad to be by them constructed, while they may see fit to exercise such exclusive right: Provided, That when the said company may see fit, they may rent or farm out all or any part of such exclusive privileges to any person or persons or corporations, for such terms as may be agreed upon, subject to the same responsibilities for damages to individuals or cor

(i) Secs. 14 and 15, Chap. 481, Act of Jan. 7, 1853.

Obstructions to road, how punished.

Proviso.

Report to be made yearly.

Repeal.

porations, which may accrue by reason of any of the provisions of this act, and for which the said company shall likewise be bound. (j)

SEC. 25. If any person shall intrude upon said railroad or any part thereof, or upon the rights and privileges connected therewith, without the permission or contrary to the will of said company, all the vehicles, articles, animals or locomotive power that may be so intrusively introduced or used thereon, may be seized by the company so intruded upon, or its agents, or damages 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 Circuit Court of the district in which the offence shall have been committed, shall be fined in a sum not more than five thousand dollars, nor less than fifty dollars; and if any person shall artfully and maliciously cause, aid or assist, consult or advise, any other person or persons to destroy, or in any way hurt, damage, injure or obstruct said railroad, or any part or portion thereof, or any edifice, vehicle, right or privilege 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 imprisoned not more than twelve months, and not less than one month, and pay a fine not exceeding five thousand dollars nor less than fifty dollars, at the discretion of the court before which said convic tion 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 company: Provided, That the said company shall in all cases be liable for costs, in cases of failure to convict or inability to pay, of the person convicted. (j)

SEC. 26. The president and directors of said company shall be 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 estimation, may render it expedient and requisite to call such meeting. (j)

SEC. 27. Sections 18, 19 and 20 of the act to which this is an amendment, and all other parts of said act inconsistent with the provisions of this act, be and the same are hereby repealed. (j)

(j) Secs. 16, 17, 18 and 19, Chap. 481, Act of Jan. 7, 1853.

FLORIDA MIDLAND AND GEORGIA RAILROAD COMPANY.

Powers.

SECTION 1. A. Paterson, C. H. Smith, M. H. Waring, John Corporators. L. Inglis, D. H. Bythewood, W. H. Dial, F. W. Pope, J. H. Wentworth, J. N. Stripling and Theodore Randall, their associates, successors and assigns, are hereby made and constituted a body politic and corporate under the name of "The Florida Midland and Georgia Railroad Company," and by and under that name may purchase, receive, retain and enjoy lands, tenements, goods, chattels and effects, and the same may grant, sell, mortgage, lease, hypothecate, dispose of and convey, may sue and be sued, plead and be impleaded, contract and be contracted with, make a common seal and alter and amend the same at pleasure, and may make and put in execution such bylaws, rules and regulations as may be deemed necessary and expedient for the government of said corporation. (a)

SEC. 2. The capital stock of said railroad company shall be Capital stock. divided into shares of one hundred dollars each, and shall not exceed the sum of one million dollars. (a)

SEC. 3. The said company shall have power to survey, locate, Railroad and construct, make, build, maintain, equip, use and operate a rail- telegraph route. road, express and telegraph line, from some point on or near Deadman's bay, Florida, by the most practicable route to the Georgia line between Madison, Florida, and Quitman or Valdosta, Georgia; to accept, purchase, have and hold, lease and Powers. convey any property, real, personal or mixed, and to erect such buildings, depots and shops, operate such machinery, and do such other things as it may deem proper for its advantage and benefit, and that the right of way is hereby granted for the distance of sixty feet on each side of the centre of the roadbed of said railroad.

(a)

Right of way.

SEC. 4. When the sum of fifty thousand dollars shall have Organization. been subscribed to the capital stock of said company, the corporators or a majority of them shall, by publication in some newspaper published in Madison, Florida, give thirty days' notice of a meeting of the subscribers to the capital stock of said company, to be held at such place as may be designated in said notice, or by written notice, upon the subscribers of said company, for the purpose of electing from their own num- Officers. ber a board of nine directors, to manage and control the business of said company for one year, or until their successors are elected and installed, and said board of directors, as well as other boards that may be thereafter elected, shall select from their own number a president, and shall have power to make and adopt by-laws for the government and control of the board and the company, and to appoint and employ such officers, agents and servants as they may deem proper. (a)

SEC. 5. In the election herein before provided for each sub- Vote. scriber to the capital stock of said company shall be entitled

(a) Secs. 1, 2, 3 and 4, Chap. 3337, Act of 1881.