consistent with the laws of the State of Florida and not contrary to this charter.

SEC. 11. That said directors or a majority of them shall have power to exact from the treasurer, or any other officer of said company, a bond in such sum as they may deem proper, conditioned for the faithful performance of the duties of office. SE 12. That the private property of the stockholders of said company shall only be liable for the debts, liabilities, and obligations of said company, pro rata, according to the amount of stock owned by each stockholder.

SEC. 13. That unless the provisions of this art are made, used, and taken advantage of within ten years, that at the expiration of that time they shall be null and void.

Treasurer's

bond.

Liability of stockholders.

SEC. 14. That all other laws on this subject are hereby re- Repeal. pealed.

Approved August 5th, 1863.

CHAPTER 1,649.-[No. 25.]

AN ACT to incorporate the Ocklawaha River and Lake Apopka Steamboat and

Canal Company.

Persons vest

SECTION 1. The people of the State of Florida, represented in Senate and Assembly, do enact as follows: That Herbert L. Greenleaf, Joseph H. Smith, Hubbard L. Hart, Richard I. Adams, ed with corpo and David A. Dunham are hereby incorporated and made a body corporate under the name and style of the Ocklawaha River and Lake Apopka Steamboat and Canal Company.

rate powers.

Books to be

SEc. 2. That the said Herbert L. Greenleaf, Joseph H. Smith, Hubbard L. Hart, Richard I. Adams, and David A. Dunham be and they are hereby authorized to open the books of said company at Palatka, Putnam county, and in the city of Jackson- opened. ville, Duval county, for subscription to the capital stock of said company; that the subscribers to the capital stock of said company shall pay in money or its equivalent ten per cent. of the amount by them subscribed to the capital stock of said company at the time of thus subscribing thereto, which amount the said commissioners or any one of them is authorized to receive and give a receipt therefor.

com

SEC. 3. That the subscribers to the capital stock of said pany, as soon as there is twenty-five thousand dollars subscribed thereto, and the cash payment made as required by this act, are authorized to elect six directors, who shall elect one of their number president, who may hold his office one year unless sooner removed. Said directors shall also elect a secretary and treasurer, who may hold their office for the same time unless sooner

Directors to be elected.

Powers.

Rights.

how enforced.

removed for incapacity or dishonesty. That said company shall sue and be sued, plead and be impleaded in any of the courts of this state, make and establish rules and regulations for the government of said company.

SEC. 4. That said company shall have the right to clear ont and navigate the Ocklawaha river above Silver Spring, also make, cut, dig, and excavate a canal from Lake Harris or Lake Eustice and Lake Apopka, also a canal from Lake Harris to Lake Griffin, and to navigate said river, canal, or canals with vessels, steamboats, barges, and canal boats, have and use said river for the purposes aforesaid.

Sec. 5. That said company shall have, receive, and hold the right of way through any of the land belonging to the State of Florida, through which it may be necessary for any or either of said canal or canals to pass, also the land of any and all individual land owners on the route of said canal or canals, for which right or privilege the president of said company shall pay or cause to be paid to the owner or owners thereof the full price or value thereof. Should the owner or owners Right of way thereof refuse to accept or receive the amount tendered by the president of said company for such right of way, the president shall immediately report such fact to the sheriff of the county in which said land may be situated through which said right of way is sought, the sheriff of said county shall immediately summon a jury of twelve good and lawful jurors, not of kin to either party, who after being sworn well and truly to ascertain and assess the damage done to said land by reason of such canal passing through the same, shall, immediately after hearing the evidence and examining the land through which said canal may pass, render a verdict for the damages done to said land, which shall be paid forthwith by the president. Either party shall have the right of appeal, as provided in other cases, to the circuit court of said county said appeal shall not act as a supersedeas to prevent the said company from carrying on the work of said canal; Provided, That the president shall enter into a good and sufficient bond in double the amount of said verdict.

May hold real

SEC. 6. The said Ocklawaha River and Lake Apopka Steamboat and Canal Company are hereby authorized and empowered and personales to acquire and hold real and personal property by purchase, gift, grant, devise, or otherwise, and to sell the same and make a good and sufficient title therefor to the purchaser thereof.

tate.

Exclusive privilege.

SEC. 7. That the said Ocklawaha River and Lake Apopka Steamboat and Canal Company shall have the exclusive right to navigate, and the sole and perpetual use of any and all canals which, under the provisions of this act, they may make, cut, dig, or excavate from Lake Harris or Lake Eustice to Lake Apopka, or from Lake Harris to Lake Griffin, and navigate said canal or canals with vessels, steamboats, barges, and canal boats. Approved August 6th, 1868.

CHAPTER 1,650.-[No. 26.]

AN ACT to incorporate the Pensacola and Perdido Railroad Company.

WHEREAS, A Company known as the Pensacola and Perdido Railroad Company has been formed in Escambia county, under an act of the General Assembly of the State of Florida, entitled "An Act to Encourage and Facilitate Internal Improvements, aud to authorize and regulate Partnership for that purpose," approved January 12th, 1849, for the purpose of connecting Perdido and Pensacola bays by railroad, and have already made considerable progress in said work; now, therefore, to facilitate said enterprise,

Preamble.

Persons vest

ed with earporate powers.

SECTION 1. The people of the State of Florida, represented in Senate and Assembly, do enact as follows: That Benjamin D. Wright, George Pfeiffer, Richard L. Campbell, Henry T. Wright, Manuel Goldsmith, and and the other subscribers to the stock of the said "Pensacola and Perdido Railroad Company," and their successors, shall be, and they are hereby constituted a body corporate, under the style of the Pensacola and Perdido Railroad Company, and by that name and style they and their successors may for twenty years continue to be a corporation, and by that name and style they may sue and be sued, have and use a common seal, and the same alter at pleasure; pass such Powers. by-laws, rules, and ordinances for the good government of said corporation as to them may seem proper, and generally exercise all the rights and enjoy all the privileges of a corporation; and they shall only be responsible for the amount of their subscriptions to the stock of the said company, and shall possess and enjoy the same interest in the stock of said corporation as they are now entitled to in the stock of the said Pensacola and Perdido Railroad Company, according to the provisions of the subscrip

tion book thereof.

Invested with rights of Pensa

cola and Perdi

SEC. 2. Be it further enacted, That the said corporation shall be, and it is hereby, invested with all the property, rights, and privileges, and subject to all the debts and liabilities of the said Pensacola and Perdido Railroad Company, organized as afore- do read. said under the act of 12th January, 1849; and said corporation is hereby authorized to complete the railroad now building between Pensacola and Perdido bays, according to the survey and map thereof now on file in the office of the Clerk of the Circuit Court of Escambia county; and to raise money to build said roads, said corporation is hereby authorized to negotiate loans loans. upon mortgage or otherwise, with power of sale by the mortgagee, in the event of a forfeiture of the mortgage, any laws to the contrary notwithstanding.

May negotiate

SEC. 3. Be it further enacted, That the capital stock of said Capital stock.

president.

corporation shall be one hundred thousand dollars, divided into shares of one hundred dollars each, as provided in and by the articles of association of the said Pensacola and Perdido Railroad Company; and each share of stock shall entitle the person holding it to one vote, in person or by proxy; Provided, however, That the stock of said corporation may be increased to two hundred thousand dollars by the stockholders, at a meeting to be called for that purpose.

SEC. 4. Be it further enacted, That within three months after Act shall be the date of this act the same shall be adopted or rejected by the adopted or resubscribers to the stock of the Pensacola and Perdido Railroad jected. Company, organized as aforesaid, at a meeting to be called by any of the above-named corporators; and upon the adoption of Directors and the same the said subscribers shall proceed to elect five directors, who, as well as their successors, shall be citizens of the State of Florida, to manage the affairs of said corporation, one of whom, to be elected by themselves, shall be president thereof; and the said president and directors of said company shall be chosen annually by the stockholders of said company; and if any vacancy shall occur, by death, resignation or otherwise, of any president or directors, before the year for which they were elected Vacancy how shall have expired, such vacancy shall be filled by the president and directors, or a majority of them; and that the president and directors shall hold their office until their successors are chosen President and qualified; shall have power to call meetings of stockholders how removed. at any time, and a majority of stockholders shall have power to remove the president or any directors, and to fill all vacancies occasioned by removals, at pleasure.

filled.

May purchase

wharves.

SEC. 5. Be it further enacted, That the said corporation shall land for be, and it is hereby, authorized to purchase, and afterwards lease, sell, or mortgage forty acres of land at the termini of the said railroad, besides what may be required for said road, wharves, depots, and workshops; and also to build such wharves in Perdido bay, at the termini of said railroad, such bridges over Bayou Chico, and such timber booms in said bayou as the business of said road and the interests of commerce may require.

how paid.

Failure to pay

SEC. 6. Be it further enacted, That the said president and directors shall have power to require the stockholders of said comInstalments pany to pay instalments on their respective subscriptions for stock, until the same are fully paid; and upon the failure of any stockholder to pay any instalment within thirty days after a shall work for demand shall have been made upon him by a duly authorized agent of the corporation, his said stock, and all payments heretofore made thereon, shall be deemed and taken to be forfeited at the option of the said president and directors, who may, however, if they see fit, waive such forfeiture and sue for said instal

feiture.

ment.

May make con

tracts necessa

Proceedings in case of disa

value of land.

SEC. 7. Be it further enacted, That the president and directors of said company are hereby authorized to contract for and receive conveyances of land, stone, lumber, and wood, which ry for road. may be necessary or required for the construction of said railroad; and when the owner and company cannot agree upon the price, or when the owner is an infant, non-resident, or non com- greement as to pos mentis, or in anywise incapable or unable to manage or attend to his, her, or their own affairs, then it shall be lawful for the president and directors of sail company to apply to the sheriff of the county in which said land or other property may be situated, who shall summon a jury of seven disinterested freeholders, a majority of whom shall be authorized to assess the damages, and return their award or judgment to the next term of the circuit court for the county in which said land or other property may be situated, which shall be entered by the clerk as the judgment of the court, and upon non payment by said company of said judgment, execution may issue thereupon for the ainout of said judgment and costs; Provided, always, That if either party shall, upon the return thereof, be dissatisfied, they may, upon filing bond, with good and suffi- bond. cient security, in such sum as the court may order, be allowed an appeal to the next term of the circuit court, when said ease shall stand for trial de novo; Provided, also, Thirty days' notice shall have been given to the opposite party, issued by the clerk of the court, and served by the sheriff of the county; and in no case shall such appeal so operate as to delay the progress of the work on said railroad.

SEC. 8. Be it further enacted, That the persons summoned as aforesaid shall, before proceeding to the discharge of the duties herein required, take an oath or affirmation, which the sheriff is hereby authorized to administer, to the effect that they will well and truly inquire into, and to the best of their judgment assess, the damages accruing to the owner or owners of such lands or materials, or lands and materials, by means of the proposed construction; and the said lands, or the property so condemned and estimated as aforesaid, shall become the property of said company upon payment of the damages assessed by said jury.

may

Parties appeal, appeal

Oath of ap

praisers.

Wilfully

SEC. 9. Be it further enacted, That in case any person shall wilfully injure or obstruct in any degree the said road or roads, juing road. he shall forfeit and pay unto the said company three times the amount of all damages it may sustain in consequence thereof, to be sued for and recovered in the same manner as provided by law for individuals in like cases; and on complaint to any magistrate within whose jurisdiction such offense shall be committed, complaint. it shall be the duty of such magistrate to bind the person or persons so offending, with sufficient security, for his or their good behavior for a period of not less than one year; and such offender shall also be subjected to indictment, and shall be sentenced,

in

Duty of magistrate upon