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1887

dams, &c.

popka lake in Hernando county with the Withlacoochee river, and opened the said river by removing obstructions, and made thereby a route navigable by steamboats, shall be authorized to receive the alternate sections of public lands on either side of the line of said route for six miles, and shall be entitled to indemnity for deficiencies in the amount of said lands to be taken within a limit of twenty miles from the said line or route on either side.

SEC. 2. That the said Orange Canal and Transit Company Right to make shall have the right to make dams with locks across any portion of its said canal, and to dam any streams not navigable, in order to preserve a standard depth of water, to maintain navigation through said lakes and rivers, and to this end shall be allowed to dam said river at its shoals, placing therein locks if the same shall be necessary for said purposes. The said Company shall have and enjoy the sole right to operate boats and barges on canals and said water-ways connecting said lake and river for twenty years from the approval of this act.

Not to change flow of certain streams.

When to take effect.

Preamble.

SEC. 3. Nothing in this act shall be so construed as to give the right to said company to divert or change the natural flow of any running stream except the waters of the Withlacoochee river.

SEC. 4. This act shall take effect upon the date of its approval.
Became a law without the signature of the Governor.

CHAPTER 3824-[No. 144.]

AN ACT to Grant to Gardner S. Hardee, Minor S. Jones, C. J. Hector,
Joseph Paxton and Lyman E. Barnes, certain Oyster Privileges on
the Banana and Indian Rivers, on Condition that they cut a certain
Canal, and to Allow the Corporation Acquiring these Franchises to
Consolidate with any other Corporation Created with Power to cut a
Canal.

WHEREAS, It is manifestly to the health and interest of the inhabitants of the Indian River country that a canal or inlet be constructed connecting the waters of the Indian River with the Atlantic ocean; and whereas, by the cutting of such inlet the cultivation of oysters north of township thirty-one (31) in said rivers will be rendered practicable where it is now impossible; and whereas, the distance to be cut, being a mile and a quarter, will make the accomplishment a matter of great magnitude and cost to the said Gardner S. Hardee and others; and whereas, due notice has been given of the intention to apply for the passage of this act; therefore,

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

SECTION 1. That Gardner S. Hardee, Minor S. Jones, C. J. Hector, Joseph Paxton and Lyman E. Barnes, their associates, successors and assigns be and they are hereby granted exclu

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sive rights, privileges and franchises for twenty-five years to plant and cultivate oysters in and take the same from all the waters of the Banana and Indian Rivers in this State, north of township thirty-one (31), and south of township 21, excepting and reserving to the owners of land upon said waters the riparian rights in that behalf they now have in that part of such rivers lying between the shore lines and lines drawn parallel thereto up to the distance of three hundred and fifty feet from said shore lines; Provided, That the rights, privileges and franchises granted and confirmed by this act shall Grant to Combecome inoperative, unless the grantees above named, their pany. associates, successors or assigns shall, within two (2) years from the passage of this act, construct a canal or inlet connecting to commencethe waters of the Banana and Indian Rivers and the Atlantic ocean, at least thirty (30) feet wide on the water line, and four (4) feet in depth.

Limitation as

ment.

SEC. 2. Authority is hereby conferred upon the corporation acquiring from the persons above named the rights, privileges Powers granted and franchises hereby granted, to consolidate its capital stock company. with that of any other corporation heretofore or hereafter created with powers conferred in the charter to cut a canal or canals, or to merge within itself or to be merged in any such corporation, if a majority of the Directors and stockholders of each such corporation agree thereto; the expenditures thereafter made by such consolidated or surviving corporation and performance under its charter to be also deemed expenditures and performances under the charters severally of the corporations so consolidated or merged.

SEC. 3. This act shall take effect and be in force from and When to take effect. after the date of its passage.

Approved May 27, 1887.

CHAPTER 3825-[No. 145.]

AN ACT granting a Charter to Charles H. Parlin and his Associates to
Cut a Canal on New River, near where the Division Line between the
Counties of Liberty and Franklin Intersect said River, and Charge Toll
for the Use of the same.

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

SECTION 1. That Charles H. Parlin and those who may associate themselves with him shall have the exclusive right and privilege to cut a canal from a point on New river at or near where the line between the counties of Liberty and Franklin intersect the said stream, thence through the swamp to Boatwright lake, a distance of about eight miles; with the privilege also of charging not exceeding one dollar per thousand feet on all timber or lumber, that may pass through the said canal, of

Grant.

[blocks in formation]

Grant.

Proviso.

the State.

every description. The said canal shall in no wise interfere
with the channel of the stream, and the above rates shall not
be exacted when said channel is not kept in order and prepared
for the passage of timber and lumber aforesaid. The right of
way hereby given shall not interfere with the rights of those
owning lands on either bank of said stream; but, if necessary,
the said Parlin and those associated with him shall make full
compensation to the said owners. But the right of way
through any lands belonging to the State is hereby given,
and no subsequent location thereof shall entitle the parties to
compensation therefor. This grant shall continue for the space
of thirty-five years; Provided, The said party or parties shall
commence the said work within two years.

SEC. 2. This act shall take effect from and after its passage.
Approved June 7, 1887.

CHAPTER 3826-[No. 146.]

AN ACT to Grant to certain Persons therein Named and their Associates the Right to Dig and Mine in the Beds of the Navigable Strea" s and Waters of the State of Florida for Phosphate Rocks and Phosphate Depcsits.

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

SECTION 1. That the State of Florida does give and grant to the following persons, to wit: H. S. Greeno, of St. Louis, Mo.; Chandler H. Smith, of Madison, Florida; John T. Dismukes, of St. Augustine; George W. Scott, of Atlanta, Georgia; Geo. W. Allen, of Key West, Fla.; and George Lewis and Edward Lewis, of Tallahassee, Fla., and such other persons as they may associate with them, the right to dig, mine and remove, for the full term of twenty-five years, from the beds of the navigable streams and waters within the jurisdiction of the State of Florida the phosphate rocks and phosphatic deposit; Provided, That the persons named and their associates shall not in any way interfere with the free navigation of the navigable streams and waters of the State or the private rights of any citizen, or citizen residing upon or owning the lands upon the banks of the said navigable rivers and waters of the State.

SEC. 2. That this gift and grant is made upon the express Royalty to pay condition that said grantees shall pay to the State of Florida the sum of one dollar per ton for every ton of phosphate rock and phosphatic deposits dug, mined and removed from the said navigable rivers and waters of the State.

To give bond.

SEC. 3. Before commencing operations under authority of this act said grantees and their associates shall file or cause to be filed in the office of the State Comptroller a bond in the

[penal] sum of fifty thousand dollars, conditioned that said grantees and their associates shall make true and faithful returns to said Comptroller annually on or before the first day of October of the number of tons of phosphate rocks and phosphatic deposits dug, mined and removed by them from the beds of the navigable streams and waters of the State, and shall punctually pay to the State Treasurer annually on the first day of October one dollar per ton for every ton of phosphate rocks and phosphatic deposits by them dug, mined and removed from the beds. of the navivable streams and waters of the State during the year preceding. Said bond to be renewed annually, and approved by the Attorney-General.

The books of said grantees and their associates shall be opened to the inspection of the Comptroller, or agent duly appointed by him for that purpose; Provided, That nothing in this act shall be so construed as to grant to the persons named in this bill exclusive rights.

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Books of Comany subject to

inspection.

ferred to others

And any other persons who may incorporate under the laws of the State of Florida shall have the same rights, privileges and Privileges confranchises granted to said persons by this act upon their complying with the requirements provided for in this act. Approved June 7, 1887.

CHAPTER 3827-[No. 147.]

AN ACT to Authorize Wm. Miller to Stretch a Boom across the Choctawhatchee River.

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

SECTION 1. That William Miller be and is hereby authorized to stretch a boom across the Choctawhatchee river in section Boom. nineteen, township two, south, range eighteen, west, at a point where Big Bunker creek or bayou diverges from said river, for the purpose of booming logs and timber; Provided, That said boom shall not obstruct the navigation of said river or prevent others from carrying logs and timber in such direction as they may choose.

To what at

SEC. 2. Said Miller shall have the right to attach said boom to each bank of said river at any point not above low water tached. mark.

SEC. 3. Said Miller shall have the right to charge reasonable rates of boomage or toll on all logs or timber received into said Boomage. boom and taken in charge.

Approved June 7, 1887.

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Where navigable.

Repeal.

Repeal.

Preamble.

Appropriation.

CHAPTER 3828-[No. 148.]

AN ACT to Amend Section one of an Act Entitled "An Act Making the Alafia River, in Hillsborough County, a Navigable Stream," approved January 30, 1885, being Chapter 3672, Laws of Florida.

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

SECTION 1. That section one, of Chapter 3672, of the Laws of Florida, be amended to read as follows: That Alafia river, in Hillsborough county, be and is hereby declared navigable from Peru down to where it empties into Tampa Bay.

SEC. 2. All laws and parts of laws in conflict with this act are hereby repealed.

Approved June 7, 1887.

CHAPTER 3829-[No. 149.]

AN ACT to Repeal an Act Entitled "An Act to Establish a Ferry across the Apalachicola River at the Town of Chattahoochee," Approved March 2d, 1877.

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

SECTION 1. That an act entitled "An act to establish a ferry across the Apalachicola river at the town of Chattahoochee," approved March 2d, 1877, be, and the same is hereby, repealed. Approved May 31, 1887.

CHAPTER 3830-[No. 150.]

AN ACT for the Relief of Meredith B. Abernathy and Robert B. Stapleton.

WHEREAS, Meredith B. Abernathy and Robert B. Stapleton, physicians and surgeons, were on the first day of February, A. D. 1886, summoned by a jury of inquest held over the body of one John Foster, in Jackson county, to make an autopsy of the remains of said Foster, which had been interred for seven days, and who it was believed had come to his death by poison administered; and whereas, it became necessary to the ends of justice that there should be an analysis of the stomach, which at that stage of decomposition involved risk and much offensive and disagreeable work, and which resulted in the committal of the supposed guilty parties; therefore,

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

SECTION 1. That the sum of one hundred dollars be appro

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