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1887

State or Trus

defects to land

grants.

quantity of land so found to be due said company from any sections, both even and odd, lying nearest said line of road where State lands are obtainable, and within twenty miles on either side of said road, or within that distance from its terminal points, from such lands as were granted to the State of Florida by act of the Congress of the United States, approved September 28th, 1850; Provided, however, That the State of Florida shall not be in any way liable to cure any defects in tees not to cure the titles to the lands in this act granted, nor shall said State of Florida or the Board of Trustees of the Internal Improvement Fund, be held to make good or in any way liable for any deficiency in the quantity of lands granted to said company by this act, if it shall be found that there is not a sufficient quantity of such lands within the limits specified to make good this act; And provided, further, That any actual settler who now resides on said lands granted by this act, or who may do so, may purchase any of said lands, not to exceed one hundred and sixty acres, before the completion of the portion of said road which would entitle the said company to said land, at State prices; and the moneys paid for said land shall enure to said railway company when that portion of their line shall be completed which would otherwise entitle said company to said land.

Construction of road.

and extended.

SEC. 2. That section 10 of the said act be amended to read as follows:

Sec. 10. That the construction of the road herein provided for shall continue as rapidly as practicable, and shall be completed between Lake Jessup and Leesburg, or to such other point or points as provided in this act, on or before the first day of June, 1888.

Approved June 2, 1887.

CHAPTER 3796-[No. 116.]

AN ACT to Amend Section 1 of an Act to Continue and Extend the Charter of the Green Cove Springs and Melrose Railroad Company, and to Preserve and Extend its Land Grants.

Be it enacted by the Legislature of the State of Florida:

SECTION 1. That the act of incorporation and the charter Charter revived thereby granted to the Green Cove Springs and Melrose Railroad Company, passed and granted by the Legislature of Florida on the 28th of February, A. D. 1881, be and the same is hereby revived, extended and continued, with a branch to Starke, in Bradford county, and the grant of lands therein or in any subsequent act contained, is hereby extended and con

7.

tinued until the 1st day of July, 1888, and the past failure of
said company to fully comply with the requirements of any
act of the Legislature shall work no prejudice to them.
Approved June 7, 1887.

1887

CHAPTER 3797-[No. 117.]

AN ACT to Incorporate the Alabama Midland Railway Company.
Be it enacted by the Legislature of the State of Florida:

SECTION 1. That J. W. Woolfolk, David Weil, Josiah Morris,
A. St. C. Tennille, Joel D. Murphree, Sigmond Roman, A. S. Corporators.
Woolfolk, O. C. Wiley, Fox Henderson, James K. Murphree,
R. P. Tollman, and such other persons as may become associ-
ated with them by becoming stockholders in the company
hereinafter named, their successors and assigns, are hereby
constituted a body corporate under the name of Alabama Mid-
land Railway Company, for the purpose of constructing, main-
taining and operating a railroad for public use in the convey-
ance of persons and property, and by and under that name Powers.
shall have, hold and enjoy the franchises, rights and privileges
hereinafter provided, and be capable in law to purchase, hold
and enjoy such property, real, personal and mixed, as may be
necessary and proper for the uses and purposes of said com-
pany, and to grant, sell, mortgage and dispose of the same at
pleasure, to sue and be sued, to have a corporate seal, and to
alter the same at pleasure, to contract and be contracted with,
and to make such by-laws as may be necessary for the govern-
ment of said corporation.

SEC. 2. That said railroad shall begin in Jackson county,
Florida, at some point on the boundary line between the States Route.
of Alabama and Florida, and run through the counties of
Jackson and Gadsden, in the State of Florida, to or near the
River Junction, in Gadsden county aforesaid, a distance of
about 40 miles.

SEC. 3. The capital stock of said company shall be five hun-
dred thousand dollars, divided into shares of one hundred Capital stock.
dollars each, which said capital may be increased to one
million dollars [should] such increase be deemed necessary by
the stockholders for the best interest of the company in the
speedy completion of the road and furnishing equipment
therefor.

SEC. 4. When the sum of fifty thousand dollars shall have been
subscribed to the capital stock of said company the corporators, Organization.
or a majority of them, shall, by publication in some newspaper
published at Tallahassee, and also a newspaper published at

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1887

Stock, how voted.

Books, when turned over to directors.

tion to be completed.

Marianna, give thirty days' notice of a meeting of the subscribers to the capital stockof the company to be held at a place to be named in the notice, for the purpose of electing from the subscribers to the capital stock a Board of nine 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, Secretary and Treasurer, and shall have power to make and adopt by-laws for the government and control of the board and company, and to appoint and employ such agents and servants as they may deem proper.

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.

SEC. 6. When said corporators shall have complied with the requirements set forth, and an election for a Board of Directors shall have been held, as provided hereinbefore, the books of subscription to the capital stock of said company, together with all other books and papers pertaining to the business of said company, shall be delivered to said Board of Directors, and the powers of the corporators shall cease, except as stockholders and subscribers.

SEC. 7. When the subscribers to the capital stock of said When organiza- 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 Alabama Midland Railway Company, with perpetual succession, and the rights, powers, privileges and liabilities usual and necessary to such a corporation.

Powers.

Right of way

facilities.

.

SEC. 8. Said company shall have power to survey, locate, construct, make, build, maintain, equip, use and operate a railroad and telegraph line to and from the points named in section 2; 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 machinery, and do such other things as it may deem proper for its advantage and benefit.

SEO. 9. That said company shall have powers to condemn to its use any and all lands or right of way necessary or proper for and territorial the purposes of its incorporation, and shall have power to cross and bridge any navigable stream in the line of its route, care being taken that said bridge shall not be so constructed as unnecessarily to impede navigation, and in order to condemn any of the property mentioned in this section, the same proceed

ings shall be had as is now or may hereafter be provided by general law for the condemnation of property.

1887

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

SEC. 11. Until a Board of Directors shall have been duly elected and installed into office, the corporators, or a major. ity of those named, shall have all the powers of the Board of Directors to be elected, and may do and perform every act that said Board of Directors might or could do when legally and regularly elected.

stock.

Powers of cor

porators prior
to election of

Directors.

SEC. 12. Said railroad company, through its corporators or Board of Directors, may contract loans, issue bonds, borrow Power to bormoney, mortgage its property, real, personal and mixed, and row and mortthe franchises, and consolidate the stock, property, real, personal and mixed, rights, powers, privileges and franchises with any connecting railroad.

gage.

ment and com

SEC. 13. No rights shall vest under this act, unless the con- Commencestruction of said railroad shall be commenced within two years pletion. and be continued and carried on with reasonable progress. SEC. 14. The right of way is hereby granted to said company through any lands owned by the State of Florida for the dis- Right of way granted. tance of sixty feet on each side of the track or line of rails of said road, and said company shall have the right to cut timber, procure the necessary earth, stone and such other materials as may be necessary from said right of way.

Approved May 31, 1887.

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CHAPTER 3798-[No. 118.]

AN ACT to Incorporate the Key of the Gulf Railroad Company, to
Confer certain Powers therein Expressed, and to Grant Lands to the

same.

Be it enacted by the Legislature of the State of Florida:

SECTION 1. That George W. Parker, Clement J. Huelsenkamp, Thomas E. Tutt, Walter C. Maloney, John D. Perry, Corporators. John N. Bofinger and Charles Gibson, their associates, successors and assigns, are hereby constituted a body corporate, under the name and style of the Key of the Gulf Railroad, and by and under that name may purchase, receive and retain, and Powers. enjoy lands, tenements, goods, chattels and effects; and the same may grant, sell, mortgage, hypothecate, dispose of and convey, and may sue and be sued, plead and be impleaded, contract and be contracted with, make and use a common seal,

1

1887

Capital stock.

Organization.

First Board of
Directors.

Route.

Steamships.

Stockholder's liabilities.

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.

SEC. 2. That the capital stock of said railroad company shall be five million dollars, and be divided into shares of one hundred dollars each, which said capital stock may be increased should such measure be found necessary for its construction, equipment and management.

SEC. 3. That all the business of this corporation shall be transacted under the control of a Board of Directors of such number of persons as shall be determined by the shareholders representing a majority of the capital stock, who shall from their number elect a President, a Vice-President, a Secretary and a Treasurer. The following named persons shall constitute the first Board of Directors, viz: George W. Parker, Clement J. Huelsenkamp, Thomas E. Tutt, Walter C. Maloney, John D. Perry, John N. Bofinger and Chas. Gibson, for a period of one year from the passage of this act. The Board of Directors shall be elected annually thereafter.

SEC. 4. That the Key of the Gulf Railroad shall commence on the Island of Key West, in the county of Monroe, State of Florida, and run thence, along and over the keys, water-ways and channels between the same, to such point on the mainland of Florida as shall be selected by the President and Board of Directors of said company; and thence in as direct line as possible to the town or village of Fort Myers, via Miami, in Dade county, or with branch line thereto to some point on or near the Caloosahatchie river or Charlotte Harbor, or form a junction or connection at or near any of the above points with some railroad already built. Practicability and eligibility of the route to be determined by the President and Directors.

SEC. 5. That the said Key of the Gulf Railroad Company may own and sail steamships and other sea-going vessels in connection with said railroad to any port or ports of the West India Islands and South and Central America, or of the United States; and such line or lines of steamships or other vessels shall be considered to be an integral part of said railroad, and in connection with said road shall constitute one continuous line for the transportation of freight and passengers.

SEC. 6. That no stockholder's individual property shall be liable for any greater sum than the unpaid amount of stock for which he has subscribed. That this act shall be deemed and held a public act, and the courts of the State shall take judicial notice thereof without special pleading.

SEC. 7. That said Key of the Gulf Railroad shall be entitled to all the benefits arising under section 26 of "An act to pro

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