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1911

no testimony in his own behalf, except his own, the attorney or attorneys for the defendant shall have the closing argument.

Sec. 2.

That this Act shall go into effect upon its passage and approval by the Governor, or upon its becoming a law without such approval.

Approved May 29, 1911.

CHAPTER 6229-(No. 110).

AN ACT Authorizing All Common Carriers, Including Railroad Companies, to Grant Free Passage or Tickets to the Immediate Families of Their Physicians, Surgeons and Salaried Attorneys-at-Law, and to Exchange Free Passes with Other Carriers for Families of Their Physicians, Surgeons and Salaried Attorneys-at-Law. Be it Enacted by the Legislature of the State of Florida: Section 1. That it shall be lawful for common carriers, common car- including Railroad Companies, operating in this State, to grant free passage or free tickets to the immediate families of their physicians, surgeons and salaried attorneystain persons. at-law, dependent upon them, and to exchange free passes with other common carriers for the immediate families of their physicians, surgeons and salaried attorneys-at-law, dependent upon them.

Lawful for

riers, etc., to grant free transportation to cer

Sec. 2. This Act shall take effect immediately upon becoming a law.

Approved June 3, 1911.

CHAPTER 6230-(No. 111).

AN ACT to Amend Section 2812 of the General Statutes of the State of Florida, Relating to Consolidation, Lease and Purchase by Railroad and Canal Companies, and to Fix a Penalty for Violation Thereof.

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

Section 1. That Section 2812 of the General Statutes of the State of Florida be and it is hereby amended to read as follows:

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Consolidaand pur

tion, lease

chase of railroad and

2812 (2248). Consolidation, Lease and Purchase. Any railroad or canal company in this State shall have the power, and authority is hereby granted, to make and enter into contracts with any railroad or canal company canal companies. which has constructed or shall hereafter construct any railroad or canal within this State or in another State as will enable said companies to run their roads in connection with each other, and to merge their stock, or to consolidate with any company within or without this State, or to lease and purchase the stock and property of any such company, and hold, use and occupy the same in such manner as they shall deem most beneficial to their interests. It shall be lawful for such companies to build, construct, and run as a part of their corporate property, such number of steamboats or vessels, as they may deem necessary to facilitate the business operation of such company or companies. No railroad company or canal company shall consolidate its franchises or its line or lines or its management with the franchises, line or lines or management of any company or person owning or controlling any parallel or competing line of railroad or canal without permission from the State Railroad Commission, and all such consolidations, or attempted consolidations, without permission as aforesaid, shall be ultra vires.

Approved June 3, 1911.

1911

Road materials may be transported free.

CHAPTER 6231-(No. 112).

AN ACT to Permit Common Carriers in This State to
Transport at Free or Reduced Rates Material for Roads,
Streets or Bridge Purposes.

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

Section 1. That from and after the passage and approval of this Act any common carrier operating in this State may transport at free or reduced rates materials to be used by the State, by any county or by any municipality in the State, for roads, streets or bridge purposes.

Sec. 2. This Act shall go into effect immediately upon its passage and approval by the Governor.

Approved June 5, 1911.

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CHAPTER 6232-(No. 113).

AN ACT to Prescribe What Shall Constitute Farmers' Institute Trains and to Provide for the Free Transpor tation and Handling of Such Trains, Persons, Property and Equipment Connected Therewith in the State of Florida.

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

Section 1. A Farmers' Institute Train shall be a train operated under the auspices of the Agricultural Experiment Station at the University of Florida.

Sec. 2. That all common carriers doing business wholly or in part within the State of Florida are hereby authorized and empowered to transport free of all charges therefor any Farmers' Institute Train together with such persons, property and equipment necessary to perform and carry out the beneficial purposes of the said trains and Farmers' Institutes held in connection therewith in this State.

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Sec. 3. All property, stock, exhibits and accessories as are necessary and convenient to the accomplishment of Property, such purposes may be transported, stored or otherwise etc. handled, free of charge by such common carriers in connection with and in furtherance of such trains.

Sec. 4. This law shall govern only in such cases as are Proviso. provided for in the previous sections of the same, any other law to the contrary notwithstanding; Provided, however, That the handling of such trains and the persons, property and equipment above mentioned shall be subject to the jurisdiction of the Railroad Commission of Florida,

Approved June 2, 1911.

CHAPTER 6233-(No. 114).

AN ACT Requiring Railroad Companies, Corporations, Firms or Individuals, Owning or Operating a Railroad, Log Road or Tram Road for any Purpose in the State of Florida to Build, Construct, Maintain and Keep in Good Passable Condition, Highway and Street Crossings; and Providing for Having the Same Done in Case of Failure to do so by the Owner or Operator of Such Railroad; Creating a Lien Therefor, and Providing for Its Enforcements.

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

Section 1. All railroad companies, corporations, firms or individuals owning or operating a line of railroad, log road or tram road in the State of Florida shall build, construct, maintain and keep in good condition highway crossings at all points where said line of railroad is crossed by any public, county or settlement road or by any public street where required by the Board of County Commissioners or the Town Council; such crossings to be constructed with as little slant as practicable, so as to render easy passage over same with loaded teams.

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Subject to inspection of County Commissioners.

When crossings not constructed, County Commissioners to give notice.

Procedure in

case cross

ing is not constructed.

Lien.

Sec. 2. The highway and street crossings herein provided for, shall at all times be subject to the inspection and approval of the Board of County Commissioners of the county in which the same is located, or to the inspection and approval of the city or town council if within an incorporated city or town.

Sec. 3. Whenever any crossing is not constructed or maintained as provided in Section 1 of this Act, the County Commissioners, or the City or Town Council, as the case may be, shall give to the owner or operator of such railroad a notice in writing, setting forth the place and nature of crossing required, or repairs needed, requiring the crossings to be built, or the repairs made, within thirty days from the time of the service of such notice. The service of such notice upon any agent of the owner or operator of such railroad, residing or having an office or place of business in the county, shall be deemed service upon the owner or operator, or such service may be effected by mailing a copy of the notice to any officer or director of the company, or to the owner or operator of such railroad, addressed to him at his usual place of business, with the legal postage thereon.

Sec. 4. If the railroad company, owner or operator of such railroad, log road or tram road shall fail or refuse to construct such crossing or to make the required repairs within the time specified in the notice then the County Commissioners, or the City or Town Council, as the case may be, shall proceed to have said crossings built or repaired, as required, and upon completion thereof shall file in the office of the Clerk of Circuit Court of the County an itemized statement of the expenses for labor and material, sworn to by the Superintendent of the Work, which statement shall be by said Clerk forthwith recorded in the Lien Record Book, and shall thereupon become a lien upon the roadbed and rolling stock of said railroad.

and

Sec. 5. Immediately upon recording such statement the said Clerk shall send a copy thereof by mail to any officer or agent of the owner or operator of said railroad, log road or tram road, or deliver the same in person, if such company, owner or operator shall fail to pay the same within twenty days then suit may be instituted to enforce the payment thereof.

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