The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-07-18

right OF way
SEC. 8. Be It further enacted. That said com
pany for the purpose OF making a connected
line or for the purpose Of crossing any other
street railroad, with its road may lay its tracks
/ upon, and occupy with its railroad or tracks
/ any street or streets upon which any other rail-
road company may have its tracks. or may
have the right to lay its track at the same time
| provided, il dees not at any one piaco occupy
more than 3,0o0 feet on such street or streets or
| part OF street or streets already Occupied, apd
! il the proper municipal authorities
determine that the street or streets
so sought TO be occupied by the
| tracks of both roads is not wide enough for
both Of said roads to have separate tracks and
at the same time leave space enough for the
passage Of vehicles, then and in that event said
| corporation shall have power and authority 70
| condemn TO its use such parts Of said other
railroads as may be necessary for the purpose
OF making connected line, or Of crossing any
other street railroad with its road, not exceed
ing in any one place 3,OUO feet. SAID cOndemna-
| ton shall be made after the decision is made
aforesaid by said municipal authorities, that
sucn condemnation is necessary TO The con
venience of the city in the exercise of its con
troll over the streets OF said city, by pursuing
| the mode pointed out Ia the provisions of an
act TO provide a general law for the incorpora-
tion Of railroads approved Sept. r. 1881, ana
( said track or tracks so Ontemned shall Do
used oy each of said roads, each having equal
| rights therein, and maintaining said track or
road SO used in common, each company
| using the same shall pay pro rata, in proper
| ton to the number of cars run on said track;
provided further, that the part Of said track of
| any other railroad which may be condemned
with the consent Of said municipal authorities
! shall be so used by each OF said companies
using the same that neither Ons shall damage
the business of the other nor delay It's cars run
! ming upon said track so condemned, either by
J change of schedule with due notice or other
wise; and provided further, that nothing in this
act shall be so construed as 10 prevent the
acquisition OF the right by ono road Of the
| other to the use of any portion OF its track
I
| upon such terms as may be agreed upon, should
| said companies elect in preference to the
| process of condemnation. In the event Of dis
| agreement to the terms upon which said
| privilege shall be enjoyed the same shall be
determined as is provided Tor III an act to
| provide g general law for the incor-
! poratoo or railroads approved September %,
! 1881, the provisions Of which act Snail likewise
| apply in settlement of all other questions of
| rights of way where the owner of the land and
| this company are unable to agree as to terms
| Of compensation.
SEC g. Be it further enacted. That this com
| pany shall have full power and authority to
connect or unite its lines or any part OF them
| with those or of any other street railroad or
| railroads i'll the city OF Savannah or suburban
| lines under such arrangement, lease or other
legal conveyance as its officers may effect, with
! tho officers of sucn other street or suburban
| lines in the city of Savannah, and county Of
| Chatham, or to consolidate with such street or
| suburban railroad or railroads already built or
| chartered, or such as may be hereafter chart
cred, either by purchase, lease, or other leg al
| conveYanCes.
SEC. TO- Be it further enacted, That said
company shall have the right of way over the
| marshes and vacant and tingranted lands Of the
! state of Georgia in thecounty Of Chatham, and
| 10 use ana appropriate so much OF said marshes
| and vacant and ungrSht6G lands may be
| necessary for the erection Ok station houses,
water tanks, side tracks, switches, tdrnOuts and
| wharves along the line Of said road, and beyond
the right of way hereinbefQre specified. or at
any terminus; provided, however, that the
right, title and interest of the comm issioners
appointed under the acts Of Dec %. 1929, and
March !, 1856 Of in, aud TO any of said vacant or
uugrautet LAM is, when aSGeCtatned and deter
| mined by The surveys provided Tor in said acts
| shall be paid for by the said corporation
| at the price th&t may be mutually agreed on by
and between the said corporation aud the said
commissioners; or, upon failure to agree, then
at a valuation to bs fxed 6y three sworn ap-
praisers, to be chosen III the manner provided
Ia the act to provide general law tor the incOr
pOration of railroads, approved Sept. 81, 1881,
and whose award shall have the force and effect
as therein provided; ana provided further, that
if after the surveys OF VACANT and ungranted
lands under said acts ofD6c. %, 1899 and March
4, 1885, the trustees OF GhRthAm academy shall
elect to take as part ofthe s, 900 acres granted
to them in and by saitac1s,.the vacant and I'M
granted lands appropriated by said corporation
under this act that the price of
said lands so appropriated SHALL be
paid to the trustees OF Chatham academy, and
not to the said commissioners, said pnce or
value to be ascertained in the same manner as
all rights of way, as provided for ia act to
provide general law for the Incorporation OF
railroads, approved Sept. 27, 1881, and provided
further that II, after such vacant and I'M
granted lands shall have been paid for by said
corporation to the said commissioners, or to
the said trustees of Chatham academy, the
same lands shall be adjudged by a court of COM
! petent jurisdiction to DE the private property
of any other person or persons, and not vacant
or ungranted lands, that il any such case that
said commissioners, or Ehe- said trustees OF
1paHamN
corporation the price paiA by u for such pri-
vRte la nds
seq II. Be it further enacted, That said COM
pany may have, use and enjoy. all water priVi-
leges or water courses thak may be on, near or
across the route OF saidFoad or ats branches
and TO lease, purchase. build or contract for,
and to own, use, hold or enJey any such steam
ships, steam vessels, sailing vessels, barges,
tugs ferry boats or vehicles otany description
for water transportation or other water craft
that they may deem necessary to advance its
interests and wharves, docks, dock yards, stock
yards compresses, elevators, warehouses; and
to charge reasonable rates of compensation for
all services rendered by or through the instru-
mentality of the same, and no charge
rates of wharfage aud storage subject to the
laws in force within tho corporate limits Of the
city of Savannah, and TO construct aud own
telephone or telegraph Lines, OF BOTH buildings
or other structures, the Same To use, let lease
or dispose OF or sell apart from any other prop
perty; to lay on streets, avenues, parks and
BdEucuS upon any Oh IT'S laDOS, CSldOllSn any
drainage that may be requisite and necessary
Tor the healthfulueSS and improvement of any
of its lands, acquired, or TO be acquired, on
condition, however, that no land shall be taken
for any of the purposes heretofore named
without compensation To the owner or owners
thereof, and in the event Of disagreement as
to the value thereof, then the value
shall be ascertained and determined
according to the provisions of an act
to provide a general law for the incorporation
of railroads. approved Sept. q, 1881.
SEC 12. Be IL further enacted. That said
corporation may organize and commence bust
ness whenever tho sum of $4,000 Is subscribed
on the books of the corporation and exercise all
the rights, powers, privileges functions and
franchises, either existing under the general
law as Is herein provided, or as are permitted or
granted to other corporations OF like character,
| establish, alter, and amend bylaws rules and
regulations for the government of said corpora
contracts, to borrow money, to give notes or
! other evidences of debt, to issue
bonds from time TO time, as the ex-
igencles of the company may require,
and upon such lawful terms and conditions as
they may prescribe. and to secure and provide
for the payment of said bonds or any other
lawful contract or action; and TO execute aGy
deed, or deeds, mortgage, or deed or deeds of
trust or security for the fulhllment by said cor
poration Of its contracts, obligations or liabili-
ties of any and every kind, and 10 perform any
act which may be TO its interest and not ncon-
sistent with the laws of this state or Of the
United States.
SEC. IS Be it further enacted, That it shall
and may be lawful for any railroad or trans
portation or other company created by the laws
Of hie 1TarA afha aVa Frntr 20