jury. land, and by using so much thereof as may be necessary therefor, not exceeding one hundred feet from the centre of said Breadth of way. road on each side, for the construction of said road, and not exceeding fifteen acres at any one place, for such stationhouses, depot buildings and turn-outs as may be necessary for Lands for build the benefit of said company. If any juror shall fail to appear, ings, &c. or, by reason of challenge or otherwise, fail to sit on such inquest, the said sheriff shall fill said jury as soon as practica- Sheriff to fill ble; and, if they fail to render a verdict, the said sheriff shall again, on the same or some subsequent day, empannel a new jury or jurors until a verdict be had; such verdict and inquest, Return, how regularly certified by said sheriff, shall be returned to the office made. of the Clerk of the Circuit Court of the county in which said land may lie, and there remain among the records; and such verdicts shall vest in said company the right to use such land, timber, or stone, granted for the purpose of said road, on the payment or tender of payment of damages thereon assessed Damages in against said company; and in cases of persons non-resident or unknown as aforesaid, or upon the refusal of said person to ident. receive the amount, the placing of such damages to the credit of the owner, in the hands of the Probate Judge of the county in which said lands may lie, shall be deemed and taken as payment, and such Judges may be liable on their bonds to make due payment of said money on demand. (c) cases of per sons non-res SEC. 13. The jurors trying said case shall take the following Oath of jurors. oath, which oath the sheriff, or his deputy acting in said case, is hereby authorized to administer: "You and each of you do swear (or affirm, as the case may be,) that you will well and truly try the case now pending and submitted to your decision between A B, complainant, and the Pensacola and Mobile Railroad and Manufacturing Company of Florida, defendants, and that you will take into consideration the advantages which the said owner will derive from the increased value of his land caused by the construction of said road, as well as the injury and damage which may be done to him by the use of the land, timber, stone, &c., for the construction and purposes of said road. So help you God:" Provided, however, That in no case Proviso. shall the owner of the land be brought in debt. (c) SEC. 14. Either party may appeal to the next Circuit Court Appeal, manheld after the assessment, by application to the clerk of the ner, &c. court within thirty days after such assessment, and upon giving security for the prosecution of such appeal, and in case the appeal is taken by the corporation, for the judgment which may be rendered against it on the appeal. (c) SEC. 15. The trial of such appeal shall be de novo, and if the Trial of appeal corporation is the appellant and the damage assessed is equal to shall be de novo or greater than found on the previous inquest, the appellant must pay the cost, and the court may award damages not exceeding cost. ten per cent. if of opinion that the appeal was taken for delay merely. (c) (c) Secs. 12, 13, 14 and 15, Chap. 1152, Act of 1861. Execution to issue against surety. Work of survey ing, &c., not to be hindered or delayed. Penalty for ob SEC. 16. In case the appeal is not taken by the corporation and the appellant does not recover more damages than were assessed to him in the previous inquest, judgment for costs must be given against him; in such appeal, when judgment is against the appellant, execution may issue against his security. (d) SEC. 17. The work of surveying, locating and constructing said railroad shall in no wise be hindered or delayed on account of the proceedings had under the provisions of the foregoing sections of this act. (d) SEC. 18. In case any person shall wilfully injure or obstruct structing work. said road, or delay the construction thereof, he shall forfeit and pay to said company three times the amount of the damages it may sustain in consequence thereof, to be sued for and recovered in the same manner as provided for by law for such individuals in like cases; and on complaint made to any magistrate, within whose jurisdiction such offence shall be committed, it shall be the duty of said magistrate to bind the person or persons so offending, with sufficient security for his or their good behavior, for a period not less than one year, and such offender shall, in addition thereto, be subject to all the penalties now provided by law for such offences. (d) Bridges, how SEC. 19. Whenever it shall be necessary for the construction constructed, &c of said railroad to intersect or cross any stream of water or water-course, whether navigable or otherwise, it shall be lawful for said company to construct across said stream bridges, which, if upon navigable streams, shall be with draws of suffi cient width to admit the safe passage of steam or other vessels navigating said streams, or be built upon such plan as will allow the passage safely of such steam or other vessel by, around or under such bridges: And provided, That said company shall at all times, day and night, keep proper watchmen to avoid delay in the passage of such steam or other vessels as may navigate said streams. (d) Road or highway may be changed to afford site for railroad. Proviso. Company may purchase capidido Junction tal stock of Per Railroad Co. SEC. 20. If it shall be necessary for said company to continue their railroad across or upon any public road or highway, or in case such public road or highway is so located that said railroad cannot be judiciously laid out and constructed across or upon the same without interfering therewith, in such case or cases said corporation may, by their engineers, cause such road or highways to be changed or altered in such manner that said railroad may be made on the best site of ground for that purpose: Provided, That such road or highway shall be put by said corporation in as good repairs as it was at the time of altering or changing the same. (d) SEC. 21. Said company may by its president and directors, by and with the consent of a majority of the stockholders in value, contract for the purchase of the capital stock of the Perdido Junction Railroad Company, a corporation now in ex (d) Secs. 16, 17, 18, 19 and 20, Chap. 1152, Act of 1861. istence under and by virtue of an act of the General Assembly row money and notes, &c. SEC. 22. The president and directors of said company shall Company aube and they are hereby authorized and empowered to borrow thorized to bormoney to carry into effect the object of this act, to issue issue bonds, bonds, notes or any other obligation for the payment of the same, in such form and payable at such time and places, and bearing such rate of interest, as they may prescribe; and the said president and directors are hereby invested with full power and authority to mortgage their road, property and the franchise of said company to secure the payment of the same, by deed of trust or otherwise, and they have full power and authority to negotiate, pledge, hypothecate, sell or otherwise dispose of the promissory notes, bonds or other obligations of any person or persons or of any corporation, and, if necessary, to guarantee the payment of the same by endorsement or otherwise. (e) lect tolls. SEC. 23. That after the completion of any part of said road company au or the purchase of any road provided to be purchased by the thorized to colprovisions of this act, the said Pensacola and Mobile Railroad and Manufacturing Company may levy and collect tolls thereon from all persons and for all property, merchandise and other commodities transported thereon, and said company may contract for the transportation of the mail and for the exclu- Mail. sive right to use their passenger trains for expressing goods, wares, merchandise and money. (e) ny exempt from SEC. 24. All the hands belonging to or employed by said Hands in emcompany on their roads, works or engines, are hereby declared ploy of compato be exempt from the performance of road duty in the several road duty. counties through which said road may run. (e) with Ala. and SEC. 25. The said Pensacola and Mobile Railroad and Manu-Arrangement facturing Company shall have the right to arrange with the Alabama and Florida Railroad Company of Alabama for run- trains. (e) Secs. 21, 22, 23 and 24, Chap. 1152, Act of Feb. 8, 1861. Fla. R. R. Co. for running Right to construct wharf, &c Alternate sec be granted. ning their trains over said railroad on such terms as may be agreed on between the two railroad companies, and that they shall have the further right, by and with the consent of the city authorities of Pensacola, to construct a wharf on the bay of Pensacola, within the corporate limits of said city, or they may select and purchase some other site for their wharf in said Bay, and, in either case, connect the same with the Alabama and Florida Railroad of Florida at a point to be agreed on between the two companies, and that the same rates of wharfage may be charged on said wharf as are levied and collected on the other wharves of the city. (e) SEC. 26. That from and after the passage of this act the tions of land to Trustees of the Internal Improvement Fund may have the power to grant to the Pensacola and Mobile Railroad and Manufacturing Company such alternate sections of swamp and overflowed lands now lying and being in Escambia county as they may deem necessary and proper to be granted, to aid in the construction of said road: Provided, That no lands heretofore granted to any railroad company by act of the General Assembly, shall be considered or taken as granted to said Pensacola and Mobile Railroad and Manufacturing Company. (f) Land grant. Construction and drainage. Gauge. Land grant. TAMPA, PEACE CREEK AND ST. JOHNS RIVER RAILROAD COMPANY.* SECTION 1. The alternate sections of land granted to the State of Florida by the United States by the act of Congress of September 28, 1850, for and within six miles on each side of the track or line of the Tampa, Peace Creek and St. Johns River Railroad Company, a body corporate, chartered under the laws of this State, to construct a line of railroad from the waters of Tampa bay to the waters of the St. Johns river, to pass through the counties of Hillsborough, Polk, and Orange, be, and the same are hereby, granted to said company: Provided, however, 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 6, 1855, and the amendments thereto, as to the manner of constructing the road and drainage: Provided, however, That nothing herein shall prevent such company from adopting such gauge as it may choose. (a) SEC. 2. If the said company shall so amend its charter as to authorize it to construct its road or branches, or extensions of such road, from the city of Tampa to the city of Jacksonville, and through the counties of Hernando, Sumter, Marion, Put (e) Sec. 25, Chap. 1152, Act of Feb. 8, 1861. (ƒ) Sec. 1, Chap. 1488, Act of Jan. 15, 1866. (a) Sec. 1, Chap. 3168, Act of March 4, 1879. [* The name of this Company has been changed to the Jacksonville, Tampa and Key West Railroad Company.] nam, Clay, Duval, and Manatee, or either of them, or through any part of or into either of said counties, then the said company shall be entitled to, and the State hereby grants the alternate sections within the limits aforesaid, and along the line of such road or extensions on the terms and conditions aforesaid. (b) SEC. 3. Upon the completion of the grading and laying on When title the crossties of ten miles of said road, its branches or ex- to vest. tensions, the titles to the said alternate sections opposite said ten miles of road so graded and furnished with cross-ties shall vest in said company, and a deed therefor shall be issued by Deed. the Trustees of the Internal Improvement Fund to the said company: Provided, however, That for every forty miles of road so graded and furnished with crossties, ten miles shall operation. be completed, ironed and equipped and in operation. (c) Equipment and by Trustees I. SEC. 4. Upon the filing with the Board of Trustees by said withdrawal of company of the survey of the route which, may be selected by lands from sale said company, or any twenty miles thereof, the said trustees I. Fund. shall withdraw, at the election of said company or its president, the odd or even-numbered sections within such limits, along or opposite the route or section thereof of twenty miles so surveyed, from sale: Provided, however, That the same shall be restored to sale if the survey of the entire route of the main trunk of said road is not filed within twelve months from the passage of this act. (d) SEC. 5. The State of Florida hereby grants to said company, Land grant. in consideration of the greatly improved value which will accrue to the State from the construction of said road, its branches and extensions, ten thousand acres for each mile of road it may construct of the lands granted to the State under said act of September 28, 1850; said lands to be of those which may be nearest the line of said road, its branches and extensions: Provided, however, That the grant of lands made by this section is made subject to the rights of all creditors of the Internal Improvement Fund and to the trusts to which said fund is applicable and subject under the act entitled " An Act to Provide for and Encourage a Liberal System of Internal Improvements in this State," approved January 6, 1855, and subject to control, management, sale and application of said fund, and the lands constituting the same by the Trustees of the Internal Improvement Fund, for the purposes of said trust under said act: Provided, however, That the title to the lands granted under this section is not to vest until they shall to vest. be released from the indebtedness existing against said trust fund, it being the purpose of this section to grant the residuary interest of the State in the lands granted by said act of September 28, 1850, after satisfaction has been made of said indebtedness, to the extent or in the quantity indicated hereby, (b) Sec. 1, Chap. 3333, Act of Feb. 25, 1881. (d) Sec. 2, Chap. 3333, (c) Sec. 3, Chap. 3168, Act of March 4, When title |