and mileage only allowed. pending at the same time shall be paid more than one charge One per diem for per diem and mileage; and in all cases it shall be the duty of all witnesses subpoenaed once in the case to attend at each To attend succeeding term of the court without a further subpoena, until each court. the case shall be disposed of: Provided, That in cases where the costs are thrown upon the defendant, the said costs may be charged in full against each of them as heretofore. (c) witnesses. SEC. 4. Witnesses summoned to testify on behalf of the Mileage of State, who shall be required to attend courts beyond the limits of their respective counties, shall receive the sum of five cents for each mile traveled, to be estimated on the most direct route from their residence to and from the court they are required to attend. (d) SEC. 5. No person being convicted of perjury, although he convicted of be pardoned or punished for the same, shall be a witness in perjury. any suit, bill, action or indictment in any of the courts of this State. (e) without the State. SEC. 6. No person shall be deemed an incompetent witness Conviction by reason of having committed any crime, unless he has been convicted thereof in this State; but the conviction of any person in any court without the State of a crime which, if he had been convicted thereof within this State, would render him an incompetent witness here, may be given in evidence to affect his credibility. (f) (1) viction shall SEC. 7. No person shall be excluded from being a witness or What confrom giving evidence either in person or by deposition in any render insuit or proceeding, civil or criminal, in any court or before any competent. jury by reason of having been convicted of any criminal offence, except the crimes of murder, perjury, piracy, forgery, larceny, robbery, arson, sodomy or buggery; but every such person shall be admitted to be sworn as a witness, and testimony of his or her general character and the record of such conviction may be given in evidence to affect his or her credibility with the jury, who shall judge thereof. (c) Sec. 4, Chap. 159, Act of Jan. 8, 1848. (d) Sec. 3, Chap. 218, Act of Jan. 9, 1849. (g) (e) Sec. 72, Act of Nov. 23, 1828. (1) 2 Fla., 58, 660; 3 Fla., 298; 4 Fla., 359; 5 Fla., 409; 6 Fla., 52; 5 Fla., 730; 8 Fla., 453; 9 Fla., 481; 17 Fla., 184. APPENDIX. CHARTERS OF RAILROAD, CANAL AND TELE GRAPH COMPANIES. ATLANTIC, GULF AND WEST INDIA TRANSIT RAILROAD. Name and SECTION 1. A company is hereby incorporated by the name and style of the Florida Railroad Company, and by that name powers. all who shall become subscribers for stock and members of said company, their successors and assigns, shall be capable in law to purchase, receive, retain, and enjoy to them and their successors or assigns lands and tenements, goods and chattels and effects of whatsoever the same may be, and the same to grant, sell, mortgage, and dispose of, to sue and be sued, to plead and be impleaded, to make a common seal and at pleasure to break or alter the same, to ordain and establish and put in execution such by-laws and regulations as may be deemed necessary and expedient for the government of said corporation, not being contrary to the Constitution and laws of the United States and the State of Florida. (a) SEC. 2. The said road shall commence in East Florida, upon Eastern and some tributary of the Atlantic Ocean, within the limits of the western terState of Florida, having a sufficient outlet to the ocean to ad- minations. mit of the passage of sea steamers, and shall run through the eastern and southern part of the State, in the most eligible direction, to some point, bay, arm, or tributary of the Gulf of Mexico, in South Florida, south of the Suwannee river, having a sufficient outlet for sea steamers, to be determined by a competent engineer with the approval of a majority of the directors of said company. (a) from Amelia SEC. 3. The act incorporating the Florida Railroad Com- Road may be pany, approved the 8th day of January, A. D., 1853, is hereby constructed amended so that the said company shall have power to con- Island to Tamstruct the railroad from Amelia Island on the Atlantic, to the pa Bay with waters of Tampa bay in South Florida, with an extension to Cedar Key. Cedar Key in East Florida, under the provisions of an act to (a) Secs. 1 and 2, Chap. 482, Act of Jan. 8, 1853. extension to Company may ships, &c. provide for and encourage a liberal system of Internal Improvements in this State, approved the 6th day of January, A. D. 1855. In addition to the powers and privileges conferred upon said own or charter company, they shall be, and are hereby authorized and empowered to own and hold, or to hire and charter such and so many ships, vessels and boats propelled by sails or steam, as they may deem necessary to connect with the said railroad, for the conveyance of mails, passengers or freight. Capital stock may be increased. Portions of line may be set off to others. Distinct organ ization and powers of. Notice to be given to Trustees. Aid to line of road from to Tampa Bay. trust of all property and franchises of company to be ernor as secu. rity for the bondholder. The capital stock of said company may be increased from time to time in such amounts and in such manner as the directors may authorize and order, not exceeding six millions of dollars. (b) SEC. 4. The President and Directors of the Florida Railroad Company may set off any portion of their line to persons desirous of constructing the same, and in that event such portion may have a distinct organization, with all the grants, rights, powers, duties and privileges conferred on the Florida Railroad Company, with the right to adopt a different name, in order to keep the stock account and liabilities separate : Provided, That two months notice shall be given to the Board of Trustees of the Internal Improvement Fund of such set-off or assignment, and a copy of the same be filed with said Board of Trustees. (b) SEC. 5. For the further purpose of completing that part of the line of railroad from Amelia Island on the Atlantic to the Amelia Island waters of Tampa Bay, in South Florida, provided for in the act of January 6, 1855, "To provide for and encourage a liberal system of internal improvements in this State," which remains to be constructed, it is hereby provided that it shall be lawful for any corporate company which may have or acquire Conveyance in the right to construct the same, to execute and deliver to the Governor of the State of Florida, for the time being, a deed of trust, conveying to said Governor and. his successors in made to Gov- office, all the rights, franchises and privileges possessed by such company, or thereafter to be acquired, and all the tracks, lines, and road-beds, upon such road, owned by such company, or thereafter to be acquired, in trust and as security for the ultimate payment to the holder or holders thereof of the principal and interest of the bonds of such company, amounting to the sum of fourteen thousand dollars per mile upon such company's road; said bonds to be of the denomination of one thousand dollars each, the principal sum payable in thirty pany, descrip- years, and bear interest at the rate of seven per cent. per annum, payable semi-annually, and have coupons or interest warrants attached, in accordance thereto; said bonds to be executed by such company under the seal thereof, and the Governor of the State of Florida, for the time being, is hereby directed to join with the said company in the deed of trust, Bonds of com tion of. Governor to join in execu tion of bond. (b) Secs. 1, 2, 3 and 4, Chap. 729, Act of Dec. 14, 1855. Deed to be and he and his successors in office are hereby charged with railroad is to pass. (c) SEC. 6. As soon as any of such companies shall have built How bonds to and completed ten consecutive miles of their said railroad, the be issued. iron to be of a weight not less than fifty-four pounds to the yard, such company shall present to the Governor of the State of Florida, for the time being, the bonds of the said company, such as are described in the preceding section of this act, amounting in the aggregate to fourteen thousand dollars per mile upon the road so prepared, and from time to time thereafter, as often as said company shall have completed any additional five miles, said company may present to said Governor the bonds of such company, amounting to fourteen thousand dollars per mile, until the whole of such road is completed, and the said Governor, for the time being, shall make an en- To be endorsed dorsement on the back of each of said bonds, and shall sign the by Governor. same as Governor of the State of Florida, which endorsement shall be as follows: "I certify that the within is one of a series of bonds issued by the company, (naming the company,) and amounting in the aggregate to the sum of fourteen thousand dollars per mile upon said railroad, secured by deed upon said company's railroad, and all the rights, franchises, and real and personal property of the said company, executed to the Governor of the State of Florida as trustee, on the day of A. D. The payment of the principal and Payment of interest of the within bonds, according to the terms thereof, interest guarprincipal and is hereby guaranteed by the State of Florida, in pursuance of anteed by the and in obedience to an act of the Legislature of said State approved the day of A. D. 1869," and the Governor shall deliver the bonds so certified and guaranteed to the President of said company, or other officer authorized by the Board of Directors of such company to receive the same, and the payment of the principal and interest of said bonds to the holders thereof, according to the terms thereof, is hereby guaranteed by the State of Florida." (c) State. Pensacola and have done. SEC. 7. In case any company engaged in building the said May take bonds unconstructed part of the line between Amelia Island and the as Jacksonville, waters of Tampa, shall prefer to take bonds of the State in- Mobile Railroad stead of endorsed bonds as provided for in the two preceding Company sections, the Governor of the State is hereby authorized to substitute State bonds similar in character to those issued in aid of the Jacksonville, Pensacola and Mobile Railroad Company in virtue of the provisions of this act, and in such case the Governor shall demand and receive the company bonds for the same amount in exchange for such State bonds, in the same manner as prescribed in the case of the Jacksonville, (c) Secs. 25 and 26, Chap. 1716, Act of June 24, 1889, |