May be mort

by company.

sixth of the length of the whole road is completed, then the fee simple title shall vest in the company for one-sixth of the land granted by this act, and of such sections or parts of seetions as the company may designate, and they may mortgage, gaged or sold sell, grant or otherwise dispose of the same, and in such mode and manner deemed by the president and directors most advantageous to the said company and for the speedy construction and equipment of said road, and so on, the fee simple title shall vest in said company for one-sixth of the land herein granted for every sixth part of the line of the road continuously constructed until the whole road is completed, and may be of sections or parts of sections as the company may designate; and the company may, as fast as they thus acquire a fee simple title, at their pleasure mortgage, grant, sell or otherwise pledge or dispose of the same in such mode and manner as is deemed by the president and directors most advantageous for the company and for the speedy construction and equipment of said road. (c)

purchase cars,

&c.

May build

wharves and depots, &c.

May lease or dispose of them.

SEC. 14. The said company, by its president and directors, Company may shall have power to purchase, with the funds of the company, and to place on said railroad all machines, cars, locomotives, vehicles and teams of any description whatever which they may deem proper and necessary for the purposes of construction and for transportation of passengers and freight of any description, and they are hereby authorized, at those points on the line of their railroad, or at either terminus thereof, where it may appear to them necessary for the accomplishment of their business, to build wharves, establish depots and warehouses or any other houses or buildings advantageous to the business and income of said company, and to lease or dispose of them when it may be necessary or expedient, and to charge and receive from others for the use of the same and for the storage of produce, merchandise and other articles at such wharves, warehouses and other buildings as it may be expedient for them to construct; and the president and directors shall have the right to demand and receive such prices and sums for transportation on said railroad for passengers, produce, goods and all other articles whatever as may from time to time be authorized and fixed by the by-laws of said company: ProProviso as to in- vided, That such prices and sums shall not be increased withcrease of prices. out at least twenty days' notice of said intention in the nearest newspaper to the road; 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 the said company shall Company bound be bound and held responsible for any damage said passengers, for damages to produce, goods and other articles of whatsoever kind may sus tain in transporting the same on said road, if it shall appear

May demand

such sums for

transportation

as may be fixed by by-laws.

goods, &c.

(c) Sec. 13, Chap. 936, Act of Dec. 31, 1858.

Goods liable for transportation.

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 or servants thereof, to prevent and control; and all goods and articles of whatsoever kind transported on said railroad shall be liable for the rates of such 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 other articles of whatsoever kind shall remain in the custody and When may be possession of said company for the space of three months, they shall and may be sold at public auction, but perishable articles may be sold sooner upon recommendation of three disinterested citizens, called in for that purpose; and after the expenses of transportation, storage, auction cost and commis- Balance, how sions 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.

(c)

sold.

disposed of.

SEC. 15. The said company shall have full power and author- Company may build bridges. ity to establish a crossing or to build a suitable bridge across the St. Sebastian river, if necessary for the purposes of said railroad, and also over any creeks or water-courses in the route of said road.

(c)

stock exempt

SEC. 16. The capital stock of said company, the roads, its Property and fixtures and appurtenances, including workshops, warehouses from taxation, and property of every description, shall be exempt from taxa- until when. tion while the road is under construction and for the period of three years thereafter, and, after that, the said railway and appurtenances, and all property therewith connected, shall not be taxed higher than one-half of one per cent. upon the annual net Limitation income of said railway for the transportation of passengers, freight and other things. (c)

of tax.

to whom and

SEC. 17. To facilitate a certain and speedy sale, settlement When title to land acquired and cultivation of the lands which may inure and belong to company may said company, and to assist in the immediate construction and dispose of same, equipment of said road, the president and directors of said how. company are authorized, as fast as they acquire a fee simple title by the provisions of this act, to dispose of the same from time to time to those who may contribute to the resources of said company, by a distribution of sections, or parts of sections, or a draining of lands, lots and other property or things as may be by the president and directors deemed expedient and will best accomplish the object of disposing of the lands and lots of the company and most contribute to its funds and the speedy construction and equipment and successful operation of the said railway. (c)

Or

may drain them.

made in labor,

SEC. 18. Payment of subscription to the stock of said rail- Payment of way may be made in materials, labor, and in real, personal or stock may be mixed property, which the board of directors, at their discre- &c. tion, may deem expedient to accept; and whenever it is

(c) Secs. 14, 15, 16 and 17, Chap. 936, Act of Dec. 31, 1858.

deemed expedient or necessary to increase the stock of said Additional sub- company, the president and directors shall have power to emscriptions, how procured. ploy an agent to procure such additional subscription under such rules and regulations as may be prescribed by a majority of the shares of the stock of the company at a stockholders' meeting. They may also, under like authority, employ an agent or agents for the special purpose of disposing of or disdistributed, by tributing to contributors to the resources of the company, by additional subscription to stock or otherwise, the lands and lots or other property of the company, belonging to it by the provisions of this act. (d)

Lands may be

whom.

Certificates to stock, how issued.

Stock, how transferable.

Penalty for in

Penalty for in
juring or ob-
structing
road, &c.

SEC. 19. Certificates of stock shall be issued to the stockholders under such rules and regulations as may be prescribed by the by-laws of said company, which shall be transferable on the books of the company only and by personal entry of the stockholder, or his legal attorney or representative, duly authorized for that purpose. (d)

SEC. 20. If any person shall intrude upon said railway, trusion on road. Or any part thereof, or upon the rights and privileges connected therewith, without the permission or contrary to the will of said company, damages may be recovered by a 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, shall be fined in a sum not more than five thousand and not 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 railway, or any part or portion thereof, or any edifice, bridge or wharf, car or locomotive, or right or privilege granted and vested by this act, 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 pay a fine not exceeding five thousand 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. One-half of Fines, to whom the fines which may be imposed by the said court and collected paid. under this act shall go to the informer and the other half to the school fund of the city of St. Augustine. (d)

Offender to pay expenses of repairs.

Report to be made.

Who may call meeting of stockholders.

SEC. 21. The president and directors of said company be required to make full report to the stockholders of said company at their yearly meetings for the election of directors, and the directors of the company 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; but the stockholders shall have no power to disturb the operations of the president and directors without a majordisturb opera- ity of the whole number of shares of stock in said company are represented and vote so to do in such meeting. (d)

Majority of

stock only to

tions of Di

rectors.

(d) Secs. 18, 19, 20 and 21, Chap. 936, Act of Dec. 31, 1858.

given to com

of cars to be

Franchise of op.

SEC. 22. Said company shall be allowed the further time Further time of eighteen months, from and after the approval of this section, plete road. within which to complete their railroad, and that said company shall provide first and second-class cars for the accommodation Two classes of passengers, for each of which fare shall be charged at pro- provided. portionate rates; and passengers, without distinction, paying fare for first-class cars shall be entitled to seats in such cars, and passengers paying fare for second-class cars shall be entitled to seats in second-class cars; and that said company shall have and exercise the exclusive use and franchise of operating erating road. said railroad for the period of fifteen years; and no competing road shall be constructed or operated within twenty miles of Competing road prohibited. the line of said road, within that time, and said company shall have power and authority to sell, assign, convey, and transfer May sell fransaid road and all the corporate franchises, and the purchaser or purchasers of said railroad and corporate franchise at such sale, whether said sale be under and by virtue of any order, Rights of purjudgment or decree of a court of competent jurisdiction or chaser. otherwise, shall become vested with all the corporate rights, powers, franchises, and privileges granted by this act to the original company, and thereafter the purchaser or purchasers thereof shall be entitled to hold, use, possess, and enjoy all said corporate rights, powers, franchises, and privileges, under the style of the St. Johns Railway Company, in like manner, and to the same extent, as if the same had been originally vested in him or them: Provided, nevertheless, That nothing Proviso. in this act shall be construed to prevent the direct passage of a railroad from Jacksonville to St. Augustine. (e),

chises.

Trustees to set

Company as to

SEC. 23. WHEREAS, The Trustees of the Internal Improve- Preamble. ment Fund of this State did heretofore sell to certain innocent purchasers for cash certain lands in St. Johns county, Florida, which lands have been, in many cases, improved and cultivated at much expense by such innocent purchasers; and, whereas, said lands are located in certain sections decided since the sale of said lands to be included in a land grant before made by the State to the St. Johns Railway Company: The Trustees of the Internal Improvement Fund are hereby directed to tle with St. make a settlement as soon as possible with said railway com- Johns Railway pany by conveying to said railway company an equal number lands sold. of acres of lands in St. Johns county as nearly as practicable of equal value with the land heretofore sold by said trustees out of the land grant of said company as aforesaid, and not including the value of improvements on said lands, or said trustees shall pay over to said company the sum of money received by said trustees from the mistaken sale of said lands as said company shall elect: Provided, That said railway company shall first execute and deliver to said trustees a sufficient quit claim deed, or such deeds of said lands, which deed or deeds

(e) Scc. 1, Chap. 1719, Act of June 23, 1869.

Terms of settlement.

Time allowed

company to be barred.

shall accrue to the benefit and use of said innocent purchasers of said lands, their heirs and assigns. (f)

SEC. 24. Unless said St. Johns Railway Company shall, for settlement, within one year from the time of the passage of this act, make full settlement with the Trustees of the Internal Improvement Fund, as specified in the first section of this act, the said railway company, their successors and assigns, shall be forever estopped and barred from setting up any claim against said Internal Improvement Fund or the trustees thereof, and from bringing or maintaining any suit or action against said trustees in the premises under or by virtue of this act. (f)

Corporators.

Powers.

ST. JOHNS AND LAKE EUSTIS RAILWAY COMPANY.

SECTION 1. Andrew J. Lane, Daniel S. Troy, O. O. Nelson, Lyman Wells, Thomas J. Davies, their associates, successors and assigns, be, and they are hereby made and constituted a body politic and corporate, under the name of the "St. Johns and Lake Eustis Railway 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 by-laws, rules and regulations as may be deemed necessary and expedient for the government of said corporation. (a)

SEC. 2. The capital stock of said company shall be one hunCapital stock. dred thousand dollars, divided into shares of one hundred dollars each, but the said capital stock may be increased from time to time up to five hundred thousand dollars, under such rules and regulations as may be prescribed by the president and directors of said company: Provided, The increase of stock at any time shall be approved by a majority of the votes of the whole number of shares in said company at a stockholders' meeting. The capital stock of the company may be increased to one million dollars, which increase shall be approved by a majority of the stockholders. (b)

Purposes

and route of railroad.

SEC. 3. The said company shall have the right and privilege to construct and complete a railroad for the transportation of passengers, produce, goods, and all other articles of freight, from some point on the St. Johns river on or near Lake George, or the most practicable and eligible route, to be determined by said company, to some point on or near Lake Eustis; from Fort Mason, on Lake Eustis, to or near Leesburg, in Sumter

(f) Secs. 1 and 2, Chap. 3321, Act of March 7, 1881.

(a) Sec. 1, Chap. 3169, Act of Feb. 20, 1879.

(b) Sec. 1, Chap. 3329, Act of Feb. 2, 1881.