The Chipley banner. (Chipley, Washington County, Fla.) 1893-1943, 1903-08-20


Office or place os business IN this State ana
any Of that portion Of the right Of way souai'
TO Ne condemned extends into the counfI
wherein such principal Office OF place Of buaf
asn y here Srovs
shall be had in such county where such prin-
cipal Office or place Of business Is located
No map need be filed with said petition, BEE
Il shall state about how many poles per mile
will be erected on such right Of way, and aboni
how far from each other and from the centea
OF the main track Of said railroad. their
length and size, the depth they will be plant
ed In the ground. and the amount Of qfonnS
OF land that will be taken or occupied b.
them. And that no pole shall be set =
edge. OF the said right Of way. Upon fling such
petition and giving bond for costs IN the pen
atty Of two hundred dollars 02OOOOl pay
ape % the dsie s, with surety to be a
enter the same upon the general docket foa
chancery causes, and to issue writ of sub
poena directed to the sheriff Of said county.
commanding him that he make known to the
defendant that it be and appear in said cir
cult court on the second rule day thereafter ~
s sSS D cause (. why The Of the petitions
ed in the same manner as writs Of subpoenn
are served, except that a copy of said peti-
ton shall at the time Of serving said writ,
person upon whom said writ Is served. AnV
person or corporation other than the defend
ant railroad or railway company made a party
NNhShlaht pudi II u resident OF this State.
served with process In like manner, but. n
alleged to be nonresident of the State the
clerk shall within two days Of issuing the WIN,
OF subpoena, mail certified copy of said wrik
and petition to such defendant at his place 81
residence, as named in the petition, which
mode Of service shall be as effectual as thourh
the defendant had been actually served within
the State, and the clerk shall file certi6cate
of such constructive service OF record In tho
cause. Any defendant not appearing and ans
werng as prescribed by the rules for courts
proceedings and default entered against then-
sec. y II on presentation OF said petition
to the Judge Of said court, upon Eve dayS
notice given to the defendant, no cause q
shown to the contrary he shall cause a jury 81
twelve men to be empaneled to try what darn
ages or compensation shall be made to the Dc.
and operate the proposed telegraph OF tele-
phone line upon the right of way Of the de-
fndan railroad or railway company in the man
any benefits, which issue shall be tried In the
same manner as other issues Of fact are tried
in the courts. Of this State at common law.
right Of way. but shall make their findings
from The evidence before them. The Judge
OF said court may in his discretion try any
such cause at such time as he may deem prae-
tcable and may make all necessary orders for
procuring jury II the jury cannot agree an
othe- jury may be empanneied forthwith. The
form tor 10, OF verdict shan be; We the jury and
,.,................ dollars" which said verdict,
judgment and decree thereon shall be recorded
IN the eharsery order book Of said court.
the verdict enter Judgment thereon, unless
good cause can be shown against i, IN which
event the court or Judge may set i aside and
order a new trial forthwith. The Judgment and
decree OF the court shall authorize the peti.
toner to enter upon the right OF way OF the
defendant railroad or railway company and
thereon upon the payment to the clerk Of said
court subject to the order, and for. the use %
SAID defendant .1t Ct the sTGGunt Of damages as
cree shall provide that such telegraph or tef
ephone line shall be constructed, as set out In
The petition, and g q: not to interfere, with
PENDANT, or any telegraph or telephone line
already upon such right Of way, and, further
more, that, u. at any time the railroad or rail-
poses the immediate use Of any land occupied
by said telegraph or telephone company, thea
the telegraph or telephone company shall. up
on reasonable notice In writing by such de-
PENDANT at Its own expense, remove its line
TO some other place adjacent thereto on suchl
right OF way, so as not to interfere with the
track or use OF said railroad, or any telegraph
or telephone line already on said right Of way
and that the line Of the said telegraph or teie-
phone company shall not be erected on any
OF way, and II at any time, the said railroad or
railway company shall require for railroad pure
poses right OF way at any point occupied By
petitioner, the said telegraph or telephone
company shall, at su~b point remove rs line
entirely off OF such right OF way.
Sec. 4. A party agrieved by the final >
Judgment and decree Of the court may appeal
as in chancery cause, but such appeal shall In
no case operate as a supercedeas where the .
petitioner has paid the amount Of the verdict
OF the jury into court, as aforesaid so as to .
prevent, hinder or delay the petitioner In thae
construction and operation of its line.
Sec. 5. Whenever the judge shall be satfSE
ned that any person or persons are preventing
or obstructing the petitioner from entering
upon, constructing and operating its line after
II IS entitled to do 50. he may grant such
writs OF assistance as he may think necessary,
or may proceed by attachment for contempt q
court.
Sec s. All costs Of proceedings shall be
paid by the petitioner. except the costs Of an
appeal when taken by defendant. and on which
the judgment and decree of the circuit court
shall be affirmed.
Sec. Z. The telegraph or telephone COM
pany by such proceedings shall acquire Only
an easement in and TO said railroad right q
way, Tor the purpose of constructing. main
tanning and operating its telegraph or tele-
phone line thereon, and only the interest %
such parties as are brought before the court
man be condemned in any such proceedinRs-
II the easment or right Of way claimed en-
tends into or through more counties than one
the whole right and controversy may be-
heard and determined in one county into or
through which such right Of way extends
Sec. All laws or parts OF laws In CON.
hict With the provisions Of this law be- and
the same are hereby repealed.
Sec. 3. This act shall 20 into effect immO-
diately upon its passage and approval by the
Approved MAY g. 1909