1897. Preamble. Appropriation. into the State Treasury on the 6th day of October, 1892, the sum of five hundred dollars for license to sell liquors, wines and beer, under the firm name of Driver & Bigham, in Alachua county, Florida; and Whereas, The said Driver & Bigham were enjoined by injunction issued out of the Circuit Court in and for Alachua county, in chancery on the 5th day of December, A. D. 1892, wherein C. D. Wood, et. al. vs. said Driver & Bigham, from carrying on the business of a retail liquor dealer in Election District Number 11, in Alachua county, Florida, and from selling liquors, wines and beer under the State and county license granted them on the 6th day of October, A. D. 1892, by the Tax Collector of Alachua county, Florida, and from selling under the right and permit granted them by the Board of County Commissioners of Alachua county, Florida, on said 6th day of October, 1892, to sell liquors, wines and beer in Election District Number 11 in said county and State; there fore, Be it enacted by the Legislature of State of Florida: SECTION 1. That the sum of four hundred and seventeen dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated, to pay to the said James M. Driver and William H. Bigham, upon the warrant of the Comptroller for said amount, which said warrant the said Comptroller is hereby authorized to draw upon the Treasurer of the State of Florida in favor of the said James M. Driver and William H. Bigham. SEC. 2. This act shall become operative immediately upon its approval by the Governor. Apppoved June 4, 1897. CHAPTER 4610-[No. 96.] AN ACT Fixing the Per Diem to be Paid to the Expert Employed by the Special Committee to Examine the State Treasurer's Office. Be it enacted by the Legislature of the State of Florida: SECTION 1. That the pay of the expert employed by the special committee appointed to examine the State Treasurer's office be and is hereby fixed at ten dollars per day for each day actually employed, provided that the total amount of such per diem shall not exceed one hundred and eighty dollars. SEC. 2. That this act shall take effect immediately upon its passage and approval by the Governor. Approved June 4, 1897. 1897. CHAPTER 4611-[No. 97.] AN ACT to Repeal Chapter 1907 of the Laws of Florida, the Same Be it enacted by the Legislature of the State of Florida: SECTION 1. That Chapter 1907 of the Laws of Florida, the same being an act declaring Alaqua Creek navigable, ap- Repeal. proved February 14, 1872, be and the same is hereby repealed. Approved June 5, 1897. CHAPTER 4612-[No. 98.] AN ACT to Declare Navigable West Pitman Creek, in Holmes Be it enacted by the Legislature of the State of Florida: SECTION 1. That west Pitman creek, in Holmes county, Declared be and the same is hereby declared navigable from the mouth of said creek to the section line dividing sections twenty-two navigable. and twenty-three, in township six, north of range seventeen west. SEC. 2. That whoever after the passage of this act willfully obstructs said creek at any point declared navigable by this act, upon conviction shall be fined a sum not exceeding Penalty. five hundred dollars, or three months in jail, or both such fine and imprisonment in the discretion of the court. SEC. 3. This act shall take effect immediately upon its passage and approval by the Governor. Approved June 5, 1897. 1897. Powers of company. CHAPTER 4613-[No. 99.] AN ACT to Incorporate the Tallahassee and Central Florida Railway Company, and to Grant to Said Company Certain Lands to Aid in the Construction of Its Railway. Be it enacted by the Legislature of the State of Florida: SECTION 1. That T. P. Chaires, Joseph W. Williams, S. H. Peacock, B. D. Wadsworth, W. T. Dees, W. M. Camp, Clarence Camp, T. D. Camp and G. W. Saxon, and such other persons as may become associated with them, their successors and assigns, be and they are hereby created and constituted a body corporate under and by the name of the Tallahassee Central Florida Railway Company, with perpetual succession, for the purpose of constructing, equipping and operating a line of railway from the city of Tallahassee, in Leon county, to the town of Archer, in Alachua county, by the most direct, practicable and feasible route, with such branches and extensions as are hereinafter mentioned. SEC. 2. That said company is hereby authorized and empowered to adopt, have and use a common seal; to sue and be sued; to plead and be impleaded in any court of law or equity; to make by-laws, rules and regulatious not inconsist ent with the Constitution and laws of this State and of the United States, for its government and that of its officers and business, including the voting of its stock, and all such other matters as it shall deem necessary to successfully and judiciously carry on its business, and as shall be deemed to be conducive to its interests, and to enforce the same; to have, hold, use, possess, purchase, lease, sell, mortgage or otherwise acquire and dispose of property, real, personal or mixed; to borrow money, and for this purpose to pledge, hypothecate or mortgage any or all of its property, including its rights, privileges and franchises; and to issue bonds secured by mortgage or otherwise, on any or all of its property, rights, privileges and franchises, for the purpose of aiding in the construction, equipment and operation of its railway, or for such other purposes as its stockholders may deem necessary. SEC. 3. The said company shall have power to enter upon any or all lands, either public or private, for the purpose of locating its lines and making the necessary surveys, and for the construction, maintenance, repair or operation of its railway, and for its right of way through, over and upon any such lands, such right of way not to exceed one hundred feet in width, measured from the center line of the main line of said railway or its branches on each side thereof, to cross with its said railway, branches or extensions, all streams or waterways on the line of its road or roads, and for that purpose to build, construct, erect, accquire and maintain such bridges, trestles and other structures over, through, across and in such streams, waterways and waters as may be necessary to cross the track or tracks of any or all other railways and other companies, and all roads, streets, highways and other ways along the line of its road branches or extensions, and to generally exercise all the rights and powers of eminent domain; Provided, That in all cases where private property is taken by said company, it shall make compensation to the owner or owners thereof in case the same is not acquired by agreement between the owner or owners, and the said company, as is provided by the constitution and laws of the State. Said company is further empowered to provide by suitable by-laws from time to time, how, and in what manner its stock shall be voted; the number of its directors, not less than five mor more than eleven, the number, powers and duties of its officers and their offic al designations; the manner and mode of subscription for and sale of its stock, to charge and collect freights, fares and tolls, and to fix and adopt reasonable rates from time to time for the carriage of freight and passengers; and generally in addition to the powers hereby expressly conferred, shall have all the powers granted to railway corporations under the general laws of the State of Florida in relation thereto now in force, and that may be given by any acts amendatory thereof or supplementary thereto, which may hereafter be passed. SEC. 4. Said company is hereby empowered to locate, survey, construct, build, equip, maintain, lease, use, acquire and operate a railway by the most direct, feasible and practicable route from the city of Tallahassee, in the county of Leon, to the town of Archer, in the county of Alachua, with an extension northwesterly from Tallahassee to the State of Georgia in the direction of Bainbridge, and an extension easterly from Archer to the St. Johns river at or near Green Cove Springs, and a branch from some point on the main line to Deadman's Bay on the gulf, or in lieu of building or constructing any part of its line or branches, may purchase or lease other railroads or interests in other railroads, the line or lines of which may wholly or in part be within the route of the said Tallahassee and Central Florida Railway, its branch or extensions, as above laid out and designated. Ibid Ibid 1897. SEC. 5. The capital stock of said company shall be five hundred thousand dollars, divided into shares of one hundred dollars each, with power in said company to increase the said capital stock from time to time by vote of its share-holders whenever they may deem it expedient, but the said capital stock shall not be increased so as to exceed five thousand dollars for each mile of railroad to be built by said company. The said capital stock may be paid for in money, lands, labor, services or other property, in such manner and in such proportion, and at such valuation as the incorporators or directors may determine. SEC. 6. Said company shall have the right and power to construct and operate a telegraph line along its line of railway, for its own use, and for public service; and to charge the public such reasonable rates and tolls for the transmission of messages as it may estab ish. SEC. 7. The said company shall comply with the provisions of the act entitled an act to provide for and encourage a liberal system of Internal Improvements in this State, approved January, 6th 1855, and the amendment thereto as to the manner of constructing the road and drainage, and said railway shall be of standard gauge. SEC. 8. In consideration of the advantages to be derived by the people of this State from the construction of said railway, the State of Florida, in order to aid in the construction thereof, hereby grants to the said Tallahassee and Central Florida Railway Company, the alternate sections of the land granted to the said State by the act of Congress, approved September 28, 1850, lying on each side of and within six miles of its line of road so to be constructed by said company, and in case of any deficiency in the alternate sections so granted, such deficiency shall be made up from any of the land aforesaid within twenty miles of said railway, and in addition to the grant aforesaid the State of Florida hereby further grants to said company five thousand acres per mile for each mile of road it may construct of the lands granted the said State by the act of Congress of September 28, 1850, said lands to be taken from those lying nearest the line of road, other than the alternate sections aforesaid; Provided, That said additional grant of lands shall be subject to the rights of prior grantees, and of all creditors of the Internal Improvement Fund, and the trusts to which said fund is liable and subject under the laws of said State, and that the State of Florida shall not for any deficit in the amount of oe liable in any manner lands granted by this act. |