passenger fare for the transportation of passengers at a higher Passenger fare. rate than five cents per mile for each passenger traveling over said railroad, under penalty of forfeiture of this charter; and any officer or agent of said railroad violating the provisions of this section shall be deemed guilty of a misdemeanor, and on Penalty. conviction thereof, shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars. (b)

SEC. 11. Said Palatka and Indian River Railway Company Boats for crossshall have and may exercise the right to convey, by their own ing St. Johns. boats propelled by steam or otherwise, across the St. Johns river at such points of connection as may be established by the board of directors of said company, passengers and freight contracted to be carried over their line; but said company shall have no right to exercise any privileges of a ferry company, except in connection with and for the use and benefit of their line of railway. (b)

THE PENSACOLA AND ATLANTIC RAILROAD COMPANY.

Land grant.

SECTION 1. Fred. de Funiak, E. D. Standiford, James W. McCulloh, Alexander Stoddart, Samuel Spencer, W. F. McCormick, W. D. Chipley, D. F. Sullivan, G. A. Stanley, James F. McClellan, John H. McKinne, A. L. McCaskill, Wm. Miller, Chas. W. Davis, A. D. McKinnon, Wm. Judge, Thomas T. Wright, Thomas E. Blanchard, and Geo. G. McWhorter, and such other persons as may become associated with them by becoming stockholders in said company, their successors and assigns, are hereby constituted a body corporate under the name of "The Pensacola and Atlantic Railroad Com- Title and deed. pany," for the purpose of completing that part of the line of railroad contemplated by the fourth section of the act entitled "An act to Provide for and Encourage a Liberal System of Internal Improvements," approved January 6, 1855, lying west of the terminus of the Jacksonville, Pensacola and Mobile Railroad, at the east bank of the Apalachicola river, and by and under that name shall have, hold and enjoy the franchises, rights

and privileges hereinafter provided, and shall be capable in withdrawal of law to purchase, hold and enjoy such real and personal prop- lands from sale. erty as may be necessary and proper for the use and purposes of said company, and to grant, sell, mortgage and dispose of the same, to sue and be sued, to have a corporate seal, to make such by-laws as may be necessary for the government of said corporation. (a)

SEC. 2. Said railroad shall commence at some convenient Route and point on the Apalachicola river, at or near the terminus of the termini. Jacksonville, Pensacola and Mobile Railroad, for the purpose of connecting with the same, and extend westward to the wa

(b) Secs. 10 and 11, Chap. 3331, Act of March 4, 1881.

(a) Sec. 1, Chap. 3335, Act of March 4, 1881.

Capital stock.

Organization,

Officers.

Votes.

Books.

ters of Escambia bay at the city of Pensacola, thence to the Alabama line by the most direct route. (a)

SEC. 3. The capital stock of said railroad company shall be divided into shares of one hundred dollars each, and shall not exceed the sum of three millions of dollars. (a)

SEC. 4. When the sum of five hundred thousand dollars shall have been subscribed to the capital stock of said company, the corporators, or a majority of them, shall, by publication in some newspaper published in Pensacola, and also in a newspaper published in Marianna, give thirty days' notice of a meeting of the subscribers to the capital stock of the company, to be held at such place as may be designated in said notice, for the purpose of electing from their own number a board of five directors to manage and control the business of said company, for one year and 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 gov. ernment 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 each subscriber to the capital stock of said company shall be entitled to one vote for each share of stock held by him or her, and may vote by proxy. (a)

SEC. 6. When said corporators have complied with the requirements set forth, and an election for a board of directors shall have been held as provided for in this act, the books of subscription to the capital stock of the company, together with all other books and papers appertaining to the business of the said company, shall be turned over to said board of directors, and the powers of corporators except as stockholders and subscribers shall cease. (a)

SEC. 7. When the subscribers to the capital stock of said Organization. company shall have convened and elected a board of directors, under the provisions of this act, they and their associates and successors shall be deemed, held and considered as a body corporate and politic, under the name and style of "The Pensacola and Atlantic Railroad Company," with perpetual succession, and the rights, powers, privileges and liabilities usual and necessary to such a corporation. (a)

Railroad and telegraph lines.

SEC. 8. Said company shall have power to survey, locate, construct, make, build, maintain, equip, use and operate a railroad and telegraph line from Pensacola, Florida, to the Apalachicola river, and beyond to a junction with the Jacksonville, Pensacola and Mobile Railroad, to accept, purchase, have and hold, lease and convey any property, real, personal and mixed, and to erect such buildings, depots and shops, operate such ma

(a) Secs. 2, 3, 4, 5, 6 and 7, Chap. 3335, Act of March 4, 1881.

chinery, and do such other things as it may deem proper for its advantage and benefit. (b)

agree

Right of way and terminal facilities.

SEC. 9. In all cases where a question of right of way or terminal facilities arises, and the company cannot with the owner, other corporation or representative of the land on which it is proposed to enter, the work of the company shall proceed as if there were no disagreement; but in such event the sheriff of the county in which said land is lo- Proceedings ad cated, at the request of either party, shall summon a jury of quod damnum. five disinterested freeholders of said county, who shall assess the damage to be paid by said railroad company, after being sworn by the sheriff to take in consideration the enhanced value of said land from or in consequence of the building of said railroad, and to do justice impartially between the parties, which assessment shall be final and conclusive between the parties, unless an appeal shall be entered to the Circuit Court of the county within ten days from the decision, which may be done by either party, upon complying with the rules theretofore existing for appeals to the Circuit Court. Each party shall be entitled to ten days' notice of the time and place of hearing by the Sheriff. (b)

SEC. 10. The said company shall have power to receive land Land, &c., for or other property as part payment of the subscription to the stock. capital stock, at such valuation as may be agreed upon under the rules, regulations and by-laws of said company. (b)

porators prior

SEC. 11. Until a board of directors shall have been duly Power of corelected and installed into office, the corporators, or a majority to election of of those named, shall have all the power of the board of di- directors. rectors to be elected, and may do and perform every act that said board of directors might or could do when legally and regularly elected. (b)

gage.

SEC. 12. Said railroad company, through its corporators or Power to borboard of directors, may contract loans, borrow money, mort- row and mortgage its property, real and personal and mixed, and the franchise, and consolidate the stock, property, real and personal Consolidation and mixed, rights, powers, privileges and franchise with the with connectJacksonville, Pensacola and Mobile, or other connecting railroads. (b)

ing roads.

SEC. 13. To aid in the construction of said road the State of Land grant. Florida hereby grants to the Pensacola and Atlantic Railroad Company the alternate sections of the lands granted to the State of Florida by the United States under acts of Congress of September 28, 1850, lying on each side and within six miles of the line of said railroad and its extensions: Provided, The said company shall comply with the provisions of the said internal improvement act as to the manner of constructing the roads and drainage: Provided, further, That said company shall not be required to construct its road with iron of less weight than fifty pounds to the lineal yard. (b)

(b) Secs. 8, 9, 10, 11, 12 and 13, Chap. 3335, Act of March 4, 1881.

Land grant.

lands from sale

by Trustees I. I. Fund.

SEC. 14. Upon the completion of the grading and laying on of the crossties of ten miles of said road and extensions, the title to the alternate sections opposite said ten miles of road so graded and furnished with crossties and iron shall vest in said company, and a deed therefor shall be issued by the Trustees of the Internal Improvement Fund to the said company. (c)

SEC. 15. Upon the filing with the said Board of Trustees by Withdrawal of said company of the survey of the route which may be selected by said company, or any twenty miles thereof, the trustees shall withdraw at the election of said company or its president the odd or even-numbered sections within such limits along or opposite to the route or section thereof of twenty miles so surveyed from sale: Provided, That the same shall be restored to sale by the board if the survey of the entire route is not filed within twelve months from the passage of this act. (c)

Land grant.

Land grant.

Land grant.

Land grant.

SEC. 16. The State of Florida hereby grants to the said company, its successors and assigns, all powers and privileges, and all the title and interest of the State in and to the lands granted by act of Congress approved May 17, 1856, entitled "An Act granting public lands in alternate sections to the States of Alabama and Florida," for the construction of certain railroads in said States, so far as said lands lie along the proposed railroad from the Apalachicola river to the waters of Escambia bay, for the uses and purposes mentioned in said act of Congress; and upon the completion of each and every section of ten miles of said road, all the right, title and interest of the State in the alternate sections granted by said act, opposite said section of ten miles, shall vest in said company. (c)

SEC. 17. In consideration of the benefits that will accrue to the State from the construction of such railroad, the State of Florida hereby grants to said company twenty thousand acres per mile for each mile that said company may grade, crosstie and iron of the lands granted to the State under the act of September 28, 1850, said lands to be of those which may be nearest the line of said railroad and extensions, and not otherwise granted: Provided, however, That the grant of lands made by this section is made subject to the rights of all creditors of the Internal Improvement Fund, and to the trusts to which said fund is applicable and subject under an 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 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 the said trusts under said act: Provided however, That the title to the lands granted in 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

(c) Secs. 14, 15 and 16, Chap. 3335, Act of March 4, 1881.

I. I. Fund.

interest of the State in the lands granted by said act of September 28th, 1850, after satisfaction has been made of said indebtedness to the extent or in the quantity hereby indicated to aid said railroad company: Provided further, however, That Withdrawal of upon any arrangement being consummated between said com- land from sale pany and the Trustees of the Internal Improvement Fund and by Trustees the creditors of such fund for the release of such lands from such indebtedness, then the titles to such lands as may be so released shall vest in said company in the proportion of twenty thousand acres per mile of said railroad when graded, crosstied and ironed in sections of ten miles, but the terminal section may be less than ten miles. (d)

SEC. 18. No rights shall vest under this act unless the con- Land grant. struction of said railroad shall be commenced within one year, and be continued and carried on with reasonable progress, and no benefit shall be derived on account of any part of the road constructed after seven years from the passage of this act.

(d)

SEC. 19. Said railroad company shall not charge passenger Passenger fare. fare at a greater rate than five cents per mile for each passenger transported over its line, and any officer or agent of said railroad violating the provisions of this section shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not less than twenty nor more than one Penalty. hundred dollars. (d)

PENSACOLA AND BARRANCAS RAILROAD COMPANY.

powers.

SECTION 1. Geo. E. Wentworth, W. J. Purman, John Var- Persons vested num, Rollin A. Stearns, Frederick C. Humphreys, Asa B. with corporate Munn, Daniel P. Holland, Harry C. Campbell, Salvador I. Pons, their associates, successors and assigns, are hereby constituted a body corporate under the name and style of "The Pensacola and Barrancas Railroad Company," and by that name and style they and their successors shall for the term of twenty years have the exclusive right to build, maintain, construct, run and manage a railroad with one or more tracks, side-tracks, turn-outs and connections, depots, offices, shops, wharves, warehouses and buildings, as may be to the interest of the company, from a point or place in Escambia county, known as the "Five Fathom Hole," or a point adjacent there- mence and terto on or in the bay of Pensacola, said road to commence at a depth of twenty-four (24) feet water and to be built from that point to the land, upon a good and substantial wharf; said wharf may have a bulkhead of two hundred and fifty (250) feet, thence the railroad to be constructed through the corporate limits of the city of Pensacola, in a direction south and

(d) Secs. 17, 18 and 19, Chap. 3335, Act of March 4, 1881.

Road to com

minate, where.