Crossing tracks a speed not more than four SEC. 28. Every train of passenger cars drawn by one or more to slow down to locomotives upon any railway track shall come to a full stop before arriving at or crossing the track of another railroad miles per hour. and within four hundred feet thereof, and the train arriving at such crossing first shall move on and cross first, and every such train shall also slow down to a speed of not more than four miles an hour before running on or crossing any drawbridge over a stream which is regularly navigated by vessels. (1) Duties of secretary or other officers or agents of company. Rolling stock declared to be fixtures. SEC. 29. The secretary, or other officer or agent of any railroad or canal corporation who, by the charter or by-laws of such corporation, is made the custodian of the books, records, papers or other property of such corporation, shall keep the same in his possession, and at all times during business hours have the same ready to be exhibited to any officer, director or committee appointed by the stockholders of any railroad or canal corporation representing one-tenth of all the subscribed stock of such company, and to furnish them or either of them transcripts from the records of proceedings of the board of directors of such corporation under his official hand and seal, on the payment to him of the same fee as that required by law to the clerk of court for transcripts from the records of his office; and the said secretary shall, on resigning his office, or otherwise vacating the same, make over all such books, records, papers, and all other property of the corporation which are in his possession to his successsor in office, or where no successor has been appointed or elected, to the board of directors, if any, or to the person or persons appointed by the stockholders of such corporation; and such secretary, on being duly summoned to appear as a witness in any case on trial in any court of Justice in this State, shall attend and produce such books and records of the corporation as may be demanded in such summons to be used on such trial. (1) SEC. 30. All rolling stock of any railroad company used or employed in connection with its railroad shall, and the same is hereby declared to be fixtures, and all such property and additional right of way, depot grounds, and other real property acquired subsequently to any deed of trust or mortgage, which may be described as provided for therein, shall be subject to the same lien as is created by such trust deed or mortgage upon the property therein described, and to which the company had titles at the time of its execution. Every mortgage or the railroad or trust deed upon any railroad in this State, or upon any part recorded in the thereof, and every discharge or satisfaction thereof, and any office of Secre- deed of any railroad executed on sale or conveyance of such and so must the railroad, or any part thereof, may be recorded in the office of record of said the Secretary of State, in a proper book kept for that purpose, and the certificate of such recording endorsed thereon by the Secretary of State shall be evidence thereof, and the said Mortgages upon canal may be. tary of State. deeds. (7) Secs. 29 and 30, Chap. 1987, Act of Feb. 19, 1874. mortgage, or trust deed, or deed so recorded shall have the same effect as if recorded in the several counties through which the said road may be built, and the record of such trust deed, mortgage, or deed so made as above provided shall be evidence and notice of the lien thereby created upon, or conveyance of all such subsequently-acquired property to all persons interested to the same extent and with the same effect as the same is now by law made notice of the lien of such trust deed, mortgage, or deed upon any property to which said railroad had title at the time of its execution. (m) indebtedness of SEC. 31. It shall and may be lawful for any railroad or canal sinking fundcompany annually, or as often as the board of directors may how created deem expedient, to set apart and appropriate a sum of money payment of the not exceeding fifty per cent. of its net earnings or resources the company. for any one year, after paying the current expenses of their road or canal, and the interest on its outstanding indebtedness, in order to sink, redeem, pay off, cancel or discharge the indebtedness of said company incurred in the construction and equipment of its road or canal, and the said sums so set apart shall be annually applied to the payment and discharge of such debts of such company as shall be due, and to the purchase and redemption of the outstanding evidences of indebtedness of said company as the board of directors thereof shall deem most for the interest of said company. (m) railroads or 3 Fla., 19. SEC. 32. All actions against any railroad or canal corporations Actions against created by the laws of this State, or any corporation operating canals-where said road or canal in this State, under any lease or otherwise, brought. shall be brought in some county through which such road or 1 Fla., 136. canal runs ; and no proceedings shall be had or entertained in any 4 Fla., 192. such action unless process shall have been duly served upon Process-how the president, secretary, superintendent, general manager, or served, on general solicitor of such corporation. (m) 15 Fla., 201. whom. crossings. scribed on each SEC. 33. All railroad companies in this State, whenever their Boards to be track crosses a highway, shall put up, or cause to be put up, put up near large sign-boards at or near said crossing, with the following inscription in large letters, on both sides of the board: "Look What to be inout for the cars." In all incorporated cities the said companies side." shall cause the bell on the engine to be rung before crossing Bells-when to any of the streets of a city, and their trains shall not go faster be rung. through any of the travelled streets of a city than at the rate of four miles per hour. (m) SEC. 34. It shall be, and is hereby, made the duty of any Duty of railroad railroad or canal company operating in this State, to receive or canal to ship freight. &c., for shipment and transportation any and all grain, cotton, lum- and to deliver ber and other freight that shall be offered to such company, the same to their authorized agents, servants, or employees for transportation over their road or canal, to make and deliver for such grain or other freight consigned to any consignee or consignees the usual bills of lading to the shipper or consignor (m) Secs. 31, 32 33 and 34. Chap. 1987, Act of Feb. 19, 1874. consignees. When to ship on what conditions. thereof, to transport and convey all freights over their road or canal at the tariff or charges adopted by such company, and then in force, to such person or persons, as the same may be directed or shipped to by the owner, shipper, or consignor of such property, and to deliver such freights as may be designated in the bills of lading. (n) SEC. 35. No railroad or canal company shall be compelled to fire-wood, and transport fire-wood unless the same shall be piled up at some reasonably convenient point on their line in quantities sufficient to load at least five cars at a time, or one canal boat. When that is done, and three days' notice is given to the proper officer in person, or by mail to the principal officer of such company, it shall be the duty of such company to provide sufficient cars or boats to transport such wood, but such wood shall be loaded and unloaded by the owners thereof. Such companies shall charge no more for the transportation of wood than is prescribed in their tariff of rates. (n) Passenger cars ful to be locked. SEC. 36. It is hereby declared to be unlawful for any officer, - when unlaw- agent, or employee of any railroad company within this State to lock or cause to be locked any door of any car used for the purpose of transporting passengers upon any railroad in this State while such car is in motion or occupied by any person or persons as passengers upon such railroad, and such car shall not be so locked as to prevent free exit from all the cars at all times. It is also hereby declared to be unlawful for any offi Kerosene oil, or cer, agent, or employee to use or authorize the use of any kerother explosive material, not to osene oil or other explosive material for the purpose of lighting any car used for the transportation of passengers upon any railroad in this State. (n) be used. Corporate name-how changed. Resolution changing name to be filed in SEC. 37. Any railroad or canal company incorporated by or under the laws of this State may, by a majority vote of its shareholders, change its corporate name and adopt such other corporate name as the shareholders shall designate in the vote or resolution. In the event of any railroad or canal company changing its name as above authorized, the secretary of said railroad or canal company shall file in the office of the Secreoffice of Secretary of State a copy of the resolution certified under his hand tary of State. and seal of the company changing the name as aforesaid, and shall publish the same for three successive weeks in some official newspaper, and such change shall take place from the time when the same is filed with the Secretary of State. All acts or things done or undertaken to be done, for which the comnew name for pany shall have been before in any way liable under its former name, shall be to the same, and to as full an extent binding and obligatory upon the company under the new name adopted by it. But the provisions of this section shall apply to any corporation only when the company or companies interested shall change their corporate powers by merging one company into another, or by the consolidation of two or more compa Company bound under acts of the old company. Consolidation allowed of companies. (n) Secs. 35, 36 and 37, Chap. 1987, Act of Feb. 19, 1874. nies into one corporation, by one company having the property of another for a period of not less than twenty years, or by one company purchasing the stock of another and thereby becoming the owners of the property of another company and responsible for the liabilities thereof. (0) companies in this State. SEC. 38. Any railroad or canal company heretofore or here- Privileges in after incorporated by or under the laws of this State may other States of exercise all its rights, franchises and privileges in any other corporated in State or Territory of the United States, under and subject to the laws of the State or Territory where it may exercise or attempt to exercise the same; and may accept from any other State or Territory, and use any other additional power and privilege applicable to the carrying of persons and property by railway, steamboats or ships in said State, Territory or on the high seas, or otherwise applicable to the doings of said company as herein provided. (0) SEC. 39. Every conductor, engineer or other person having Conductor or charge of the running of any trains of passenger cars, willfully other person violating proor knowingly violating any of the provisions of this chapter visions of this shall be deemed guilty of a misdemeanor, and upon conviction act quilty of a thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the State prison not exceeding one year, or by both as the court may direct. (0) misdemeanor. Penalty. out and where. SEC. 40. If any passenger shall refuse to pay his fare, it shall Passengersbe lawful for the conductor of the train and the servants of the when to be put corporation to put him and his baggage out of the cars, on stopping the cars, at any usual stopping place, or near any dwelling-house, as the conductor shall elect. (0) ies violating SEC. 41. In case any railroad or canal company, or its agents, Railroad or servants or employees, shall neglect or refuse to comply with canal compan any of the provisions of this chapter, such railroad or canal this act liable company shall for each and every violation or refusal forfeit to be fined. and pay the sum of fifty dollars, such penalty to be collected as other fines and penalties are collected, and to be paid into to be used for the county treasury of the county where such action is brought, for the benefit of the school fund. (0) How collected school fund. companies SEC. 42. All existing railroad or canal companies within this Powers and State shall have and possess, in addition to the rights, powers existing railprivileges of and privileges already granted and possessed by them in their road and canal several charters respectively, all the powers and privileges con- what duties and tained in this chapter, and they shall be subject to all the du- liabilities subties and liabilities prescribed by this chapter. (0) jected to. panies; what is ence to the use SEC. 43. If it shall be necessary for any railroad company or- Lands acquired ganized under any law of this State to use for the purposes of bother cont its road any lands over which any other railroad company shall lawful in referhave previously acquired the right of way for its road, the thereof. right so to use such lands may be acquired in the manner that Duty of comother lands may be acquired under this chapter. The commis- missioners in sioners appointed in such case shall determine the question of (0) Secs. 38, 39, 40, 41, 42 and 43, Chap. 1987, Act of Feb. 19, 1874. reference thereto. the necessity of taking such land for such purpose, as well as the amount of compensation to be made therefor. Such land shall not be taken for such purpose in such manner as to interfere in any manner with the main track of the railroad first established, except for crossing as herein before provided. (p) SEC. 44. Whenever any commissioners shall be appointed by Commissioners the Judge of the Circuit Court for the purpose of appraising appraise value the value of lands to be used for the construction of any railroad or canal, or the right of way for the same as provided for in this chapter, such commissioners shall have not longer than twenty days to perform their duties and make their final report. (p) appointed to of land allowed only twenty days. No fees to be Non-resident plaintiff to en- SECTION 1. No fees shall be charged in any case, or for any official service performed, or claimed to be performed by any officer of any name, character or description whatsoever, within the State, unless said fees be expressly authorized and their amount be specified by law. (a) SEC. 2. Whenever a plaintiff who is a non-resident shall commence a suit in any of the courts of this State, it shall be the duty of himself, or his agent or attorney, previous to suing out original process, to file with the clerk of the court in which said suit is to be brought a bond, with approved security, in the sum of one hundred dollars, conditioned for the payment of all costs and charges which may be adjudged against him in said suit; and, upon a failure to file such bond and security (p) Secs. 44 and 45, Chap. 1987, Act of (a) Sec. 8, Chap. 73, Act of Jan. 6, 1847. Feb. 19, 1874. |