To pass throngh Capital stock. To purchase side lines. Powers and duties of the Directors. the route leading from Macon or Savannah, in the State of Georgia, be and are hereby constituted, with all needful and lawful authority and power, for the purpose of constructing, erecting and maintaining a line of the said telegraph on the route aforesaid, or any other route through and within this State; and for transmitting intelligence by means thereof, by the name and style of "The Cuba and United States Submarine and Territorial Magnetic Telegraph Company." That the main line or wire of the said telegraph shall pass through the city of Tallahassee and such other places in this State as would be the most natural and direct route to Cape Sable, or some other more suitable position on the peninsula of Florida, the terminus of the territorial portion of the said telegraph; and a telegraph station to be maintained and kept in the city of Tallahassee, Florida. (a) SEC. 2. The capital stock of said company may consist of six hundred thousand dollars, in shares of one hundred dollars each, to be issued to the stockholders of the above mentioned company, or who may hereafter contribute funds for the construction and improvement of the said line of telegraph, in such proportions as the said owners and subscribers may agree upon. (a) SEC. 3. The said company shall have power and authority to build or purchase any connecting or side lines in this State, having acquired the right to do so from the owners of Morse's patent, and may enlarge its capital for that purpose. (a) SEC. 4. The president and directors, secretary and treasurer of said company, shall hold their respective offices for one year, President and and until their successors respectively shall be elected, and shall exercise such powers pertaining to the building and management of said telegraph not repugnant to, or incompatible with the Constitution and laws of this State and the United States, as may be authorized by the by-laws of the said company. (a) Vote. To have the same powers as granted to the same company by the State of Georgia SEC. 5. At every election each share shall entitle its holder to one vote; and absent stockholders may vote by agents or proxies, producing written authority from them."The Cuba and United States Sub-marine and Territorial Magnetic Telegraph Company" shall have, possess and exercise all the rights, privileges and powers granted to the said company by the State of Georgia, and may hold such real and personal estate as the lawful purposes of said company may require, and the same to sell and convey, or in anywise dispose of in whole or in any part, when no longer so required; to appoint such officers and agents as may be necessary to manage the business of the said company, and allow them a suitable compensation therefor; to make by-laws not repugnant to the laws of the land, and generally to use, exercise and enjoy all rights, privileges and franchises, which are incident, or which may be nec (a) Secs. 1, 2, 3 and 4. Chap. 611, Act of 1854. essary and proper for carrying out the objects of said company. (a) SEC. 6. The said company shall have power and authority to Power to concontract with any person or persons, or bodies corporate, for tract with. the purpose of connecting its line of telegraph with lines out of this State. (a) SEC. 7. The Cuba and United States Sub-marine and Ter- Right to set up ritorial Magnetic Telegraph Company" shall have power and fixtures. authority to set up their fixtures along and across any high road, which now or hereafter may belong to this State, any waters or water courses of this State, without the same being held or deemed a public nuisance, or subject to be abated by any private person: Provided, The said fixtures be so placed as not to interfere with the common use of such roads, waters or water courses, or with the convenience of any land owner further than is unavoidable. And the said company shall be responsible for any damages which any corporation or private person shall sustain by the erection, continuance and use of any such fixtures; and in any action brought for the recovery Damages, how thereof by the owner or occupier of any lands, the damages awarded. may, at the election of the said company, include the damages of allowing the said fixtures permanently to continue, on the payment of which damages the right of the company to continue such fixtures shall be confirmed, as if granted by the parties of the suit: And provided further, That no person or body politic shall be entitled to sue for or recover damages as aforesaid, until the said company, after due notice, shall have refused or neglected to remove the fixtures complained of within a reasonable time; and every person or persons who shall destroy or commit any trespass upon the fix- Penalty for tures of the said company, erected in pursuance of the author-committing ity hereby given, actually interrupting, or with intent to inter- the fixtures of rupt the operations of the telegraph of the said company, shall pay to the said company the sum of five hundred dollars for each and every such trespass, and shall be further liable for all damages which said company may suffer in repairing the injury, and in the interruption of its business, to be recovered in an action of trespass; and shall be further liable to indictment, and, on conviction, be fined or imprisoned, or both, at the discretion of the court in which said indictment shall be tried; and if any person incurring the penalty aforesaid shall, through insolvency or other cause, be unable, or shall fail to pay the penalty and damages aforesaid, and shall a second time destroy or commit a trespass upon any such fixtures as aforesaid, such person shall be subject to be imprisoned for not less. than one month nor more than six months, upon being duly convicted thereof before any court of competent jurisdiction. (a) SEC. 8. The said company shall be bound, upon application (a) Secs. 5, 6 and 7, Chap. 611, Act of 1854. trespass upon said company. To give imme of any of the officers of this State, or of the United States, diate dispatch acting in the event of any war, insurrection, riot or other civil nications of the commotion or resistance of public authority, or in the punish to the commu officers of this State, &c. erators exempt ment or prevention of crime, or the arrest of persons charged, or suspected thereof, to give to the communications of such officers immediate dispatch; and if any officer, clerk, or operator of said company shall refuse or wilfully omit to transmit such communications, or shall designedly alter or falsify the same for any purpose whatever, he shall be subjected, upon conviction thereof before any court of competent jurisdiction, to be fined and imprisoned according to the discretion of the court, and in proportion to the aggravation of the offence; for transmitting such communications the said company shall charge no higher price than shall be usually charged by it for private communications of the same length. (b) SEC. 9. The clerks and other operators actually engaged in Clerks and op- the transmission of intelligence at the several telegraph stations of the said company shall be, and they are hereby, exempted from the performance of jury, militia, or patrol duty. (b) from jury, patrol and militia duty. How legal proserved on said cess to be company. SEC. 10. The service of the process of any court of this State shall be legal and valid on said company, if the same shall be left at the office of the company, within any county of this State: Provided, The president of the company is absent from and beyond the limits of the said county; and this act shall be deemed a public act, and that it shall continue of force from the passage thereof: Provided further, That no exclusive rights and privileges shall be granted by this act: Provided, however, That this act shall not be construed to create or confer any corporate rights or privileges, and may at any time hereafter be repealed by the Legislature of this State. (b) Preamble. INTERNATIONAL OCEAN TELEGRAPH COMPANY. SECTION 1. WHEREAS, James Scrymser, Alfred Pell, Jr., Alexander Hamilton, Jr., Oliver K. King, Maturin L. Delafield, William F. Smith and James M. Digges, their associates, successors and assigns, persons composing the International Ocean Telegraph Company," an incorporated company, chartered by the State of New York, are desirous of establishing a line of sub-marine telegraph communication between the State of Florida and the Island of Cuba, Isthmus of Panama, Mexico, Central and South America; now, therefore, In order to facilitate the said enterprise, James A Scrymser, Alfred Pell, Jr., Alexander Hamilton, Jr., Oliver K. King, Maturin L. Delafield, William F. Smith and James M. Digges, persons composing the "International Ocean Telegraph Com (b) Secs 9, 10 and 11, Chap. 611, Act of 1855. granted to per of telegraph. pany," their associates, successors and assigns, shall have the Exclusive right sole and exclusive right and privilege for the period of twenty sons mentioned years from the date of this act, of landing a sub-marine telegraphic cable or cables on the shore, sea coast, islands, keys, Submarine line reefs or sand banks, lying within the limits and jurisdiction of the State of Florida, and of connecting, by means of said submarine telegraph cable or cables, the shore and sea-coast of the State aforesaid, with the Island of Cuba. (a) SEC. 2. The parties aforesaid, composing the "International Land line of Ocean Telegraph Company," their associates, successors and telegraph.. assigns, be authorized and empowered to connect the terminus of the sub-marine cable or cables as aforesaid, on the shore by a land line with the most convenient land telegraph line; and for that purpose they shall have the privilege and power to erect, construct, maintain and operate telegraphic lines through the State of Florida and across the islands, keys, sand-banks and reefs belonging to said State, and over which said State has control and jurisdiction: Provided, however, That the said James A. Scrymser, Alfred Pell, Jr., Alexander Hamilton, Jr., Oliver K. King, Maturin L. Delafield, William F. Smith and James M. Digges, parties composing the said "International Ocean Telegraph Company," their associates, successors and assigns, shall, within the period of five years from the passage structing the of this act, cause the said sub-marine telegraphic cable or ca- line. bles to be laid down, connecting the shore of the State of Florida and the Island of Cuba, and through the said State of Florida, connecting with other telegraphic lines: And provided, also, That the said line shall be in successful operation for the transmission of messages and dispatches over it within the said period of five years, otherwise this grant to be null and void. (a) Time for con with other SEC. 3. The telegraph line from the terminus of the cable on Connection the shore shall connect with all telegraph lines which it may state lines. pass in the State of Florida: Provided, The consent of said telegraph companies can be obtained for that purpose. (a) SEC. 4. The State of Florida shall have the right to levy Taxation. and collect taxes on the property of the said International Ocean Telegraph Company in the State aforesaid. (a) PENSACOLA TELEGRAPH COMPANY. Corporators. SECTION 1. William H. Judah, Chares L. LeBaron, E. C. Simpson, John Brosnaham, Samuel McClellan, William J. Keyser, J. G. Thornton and A. L. Avery, and their successors, are hereby constituted a body corporate, under the style of the Pensacola Telegraph Company, and that such corporation shall pany. enjoy the sole and exclusive privilege and right of establishing (a) Secs. 1, 2, 3 and 4, Chap. 1507, Act of Jan. 2, 1866. Style of com Privileges of company. Capital stock and shares. Votes. Board of Examiners. President. and maintaining lines of electric telegraph in the counties of Escambia and Santa Rosa, either from different points within said counties, or connecting with lines coming into said counties or either of them, from other points in this or any other State. (a) SEC. 2. The capital stock of said company shall be five thousand dollars, divided into shares of one hundred dollars each, with the privilege of increasing said stock to such amount as the stockholders may, from time to time, determine to be necessary to meet the wants of the public; and whenever a vote of the stockholders shall be taken, each stockholder shall be allowed one vote in person or by proxy for every share owned by him. (a) SEC. 3. The authority of the said corporation shall be vested in a board of five examiners, one of whom shall be president, which said board shall be annually elected by the stockholders in such manner as may be prescribed by the by-laws of said corporation, and the said president and board of managers Term of office. shall hold their offices until their successors shall have been elected and qualified. (a) Location of line of telegraph. SEC. 4. The said company is hereby authorized to locate and construct its lines of telegraph in the counties of Escambia and Santa Rosa, as aforesaid, along and upon any public road or highway, or across any water, or upon any railroad or private property, for which permission shall first have been obtained of the proprietors thereof, by the erection and construction of all the necessary fixtures, including posts, piers or abutments for sustaining the wires when stretched through the air, and the necessary excavations when placed under the Public roads not ground, but the same shall not be so constructed as to incomto be damaged. mode the public use of said roads or highways, or injuriously interrupt the navigation of said waters. (a) Connection SEC. 5. Said company shall have power, by agreement with with other tele-other persons or bodies corporate, to connect by lease, purchase or otherwise, their lines of telegraph constructed within or without this State. (a) graph lines. Trees may be removed. SEC. 6. Said company, in the construction and maintainment of their lines as aforesaid, shall have a right to cut down or remove any trees, except ornamental or shade trees, which may be within the limits of the highways, and which would obstruct the erection or construction of their lines, or injure them by falling, and trees standing upon lands by the side of any road, by which the said lines shall be located, may also be cut down or removed, if necessary, for the safety of such lines Compensation of telegraph, and the owner of said land shall be entitled to compensation therefor, to be ascertained, if the parties do not agree, in the same manner as damages are ascertained for land taken for highways, and the said company shall be held to pay the amount so ascertained. to owner of land. (a) (a) Secs. 1, 2, 3, 4, 5 and 6, Chap. 1580, Act of Dec. 11, 1866. |