s ELEVENTH SESSION, 1861. THE ACTS AND RESOLUTIONS ADOPTED BY THE GENERAL ASSEMBLY OF FLORIDA,- AT ITS ELEVENTH SESSION. »ud Held at the Capital, in the City of 1*alla> hass.ee, on Houi!owe ^aws State, approved Jan'y the 8, A. D. 1853, Act. as refers to the sales of securities in the hands of the Oomp- troller, be and is hereby suspended in the operations thereof, pension °f 8US" twelve months after the cessation of hostilities between the governments of the United States and the Confederate States, or until otherwise provided by law. Repeal. Sec. 2. Be it f urther enacted, That all laws and parts conflicting with this act, be and are hereby repealed. Passed the House of Representatives Dec. 6,1861. Passed the Senate Dec. 3,1861. Approved by the Governor Dec. 13,1861. Chapter 1,266—[No. 9.] AN ACT to authorize the Banks of this State to transfer their assets and places of business. Section 1. Beit enacted by the Senate and House of Pep- resentatives of the State of Florida in General Assetmly con- Banks may vened, That the Banks of this State shall be, and they are transfer assets. }iere]jy authorized to transfer their assets, and change their places of business, when the safety of such assets may be in danger of seizure by the public enemy. . LAWS OF FLORIDA. 15 Sec. 2. Be it furthr emoted, That'this act shall be, and 1861. continue in force during the continuance of the present war, "when Act w and no longer. be m force. Passed the Senate Dec. 5,1861. Passed the House of Representatives Dec. 7,1861. Approved Dec. 13,1861. Chapter 1,267—[No. 10.] AN ACT defining what shall he considered solvent Bank Bills in the pay- ment of public dues to this State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assem- what shall b* bly convened, That the bills of the Banks of this State that venfban^bmi* are in good credit where located, the bills of the Banks in the States of Georgia, South Carolina, North Carolina, Ala- bama and Virginia that are in good credit and received on deposit by their neighboring Banks generally, shall be con- sidered solvent bank bills, under the ordinance of the sove- reign Convention of this State, passed on the twenty-sixth day of April, A. D. 1861, and shall be received in payment cefvld by state.' for all dues to this State, or to any fund receivable by any RePeal- officer of this State. Sec. 2. Be it f urther enacted, That ali Acts and parts of repeal. Acts in conflict with the provisions of the first section of this Act, bo and the same are hereby repealed. Passed the Senate December 5th, 1861. Passed the House of Represen- ta'ives December 7th, 1861. Approved by the Governor December 13th, 1861. Chapter 1,268—[No. 11.] AN ACT to amend an Act to extend the time of collecting Taxes in this State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assem- bly convened, That the .second section of an Act to extend 16 LAWS OF FLORIDA. 1861. ^ie time for collecting taxes in this State, approved Decern- Time when Tax t>er 12th, 1859, be and the same is hereby so amended that make returns to ^ie time wherein the several Tax Collectors in tiiis State are comptroller. required to make their returns to the Comptroller, be and the same is hereby extended from the first day of January to the first day of May in each and every year. Passed the House of Representatives December 11th, 1861. Passed the Senate December 12th, 1801. Approved by the Governor December 13th. 1861. Chapter 1,269—[No. 12.] AN ACT to amend an Act entitled an Act to change the mode of select- ing Grand and Petit Jurors in this State, approved February 8th, 1861. Section 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assem- bly convened, That the Act entitled an Act to change the mode of selecting Grand and Petit Jurors in this State, ap- in case of fail- proved February 8th, 1861, be so modified that wherever uro to select ju t^iere j1Rg j-)een jn a county a failure from any cause to select and summon juries in the manner prescribed by said Act, juries shall be selected and summoned in the manner pre- scribed by the laws existing prior to said Act, to serve at Manner of ee- ^ie next ensuing term of Court in such county; and that ju- lectingjuries. rors shall continue to be selected and summoned in each county in the manner prescribed by the laws existing prior to said Act, until proceedings shall have been had under said Act for the selection and summoning of jurors, in case of fail ®E0- 2. Be it farther enacted, That wherever there may ure to hold term be a failure to bold a term of Court in any county after pro- of Court. ceedings for the selection of juries shall have been had un- der the said Act, the Clerk of the Circuit Court and the Sheriff of such county shall, sixty days before the next terra of court in such county, from the list of jurors existing at the time when the court was last held, and in the manner prescribed in the said Act to be pursued by tlie court for the selection of jurors, select thirty-nine jurors to serve as Grand and Petit Jurors at the next term of said court, who shall be summoned by said Sheriff at least thirty days before said term, that at said term fifteen persons shall be drawn from those of the tliirty-nine who shall appear and are not ex- LAWS OF FLORIDA. eused from serving 011 the juries, which fifteen shall act as 1861. Grand Jurors for said term, and the remaining -of said " ~ thirty-nine shall act as Petit Jurors, and. that the same pro- incaseof ceedings shall he then had to provide for filling up the Grand and Petit Juries where there is from any cause an insufficient number of jurors, as ar& now prescribed by law: Provided, That the persons so selected by the Clerk and Sheriff shall not be upon tin; list of t hose selected by the court as jurors at its last term, nor upon any list that may have been before selected by said Clerk and Sheriff, until the list furnished by the Grand Jury shall' have been ex- hausted. Passed the House of Representatives December 6th, 1881. Passed the Senate December 12th, 1861. Approved by the Governor December 18th • 1861. Chapter .1,270—[17o. 13.] AN ACT to amend the fifth section of an act providing for the issue of Treasury Notes, approved February 14,1861. Section 1. Be it enacted by the Senate and House of Hep- resentatives of the State of Florida in General Assenibly con- vened, That so much of the fifth section of an act providing Eipi/vrf for the issue of Treasury Notes, approved Feb'y Id, 1861, as makes it unlawful for persons other than officers, agents or servants of any corporation, to pass, pay out or circulate, after the first day of January, 1862, any change bill issued by any Railroad company in this State, be and the same is hereby repealed. Passed the House of Representaives Dec. 11,1861. Passed the Senate Dec. 5,1861. Approved by the Governor Dec. 13,1861. Chapter 1,271—[JSTo. 14.] AN ACT providing for the Stay of Executions in this State. Section 1. Be it enacted by the Senate and House of Rep- resentatives of the State of Florida in General Assembly con- vened, That there shall be no sales under executions and judgments at common law, or Decrees in Chancery in this 2 , crcea stayed. 18 LAWS OF FLORIDA. 1861. •Consent oft de- fendants. Pro vi bo as to liond, &c. Defenda'ts who have availed fehemselv'sof previous act. Statute of limi- tations suspen- ded. Proviso. Reoeal. State, until twelve months after peace is made and proclaim- ed, or until otherwise provided for by law, between the Con- federate States of America and the United States of Ameri- ca, except by the consent of the Defendant or Defendants: Provided, nevertheless, that in case of any levies, the Defen- dant or Defendants, by themselves, their agent, Attorney at Law, or Attorney de facto, be required to give bond with good and sufficient security (to be approved of by the Sheriff making said levy,) for the forthcoming of the property on or at the time above specified in this section. Sec. 2. Be it further enacted, That all Defendants who may have availed themselves of the provisions of an act en- titled an act to provide for a Stay of Executions, and ap- proved on the fourteenth day of February, A. D. 1861, and who may have given bond in accordance withihe provisions of said act, may avail themselves of the provisions of this act, and when they shall have done so, the bond or bonds executed under the provisions of the act first aforesaid, shall be null and void. Sec. 3. Be it further enacted, That the Statutes of limi- tation now in force in this State, in relation to civil actions of every description, be and the same are hereby suspended, and shall have no operation or effect so long as this act may continue in force and unrepealed, reserving all rights . and defences under the existing Statutes of limitation: Provi- ddd, however, That nothing in this act shall be construed so as to prevent any Defendant from pleading said Statute or Statutes of limitation in any cause wherein the same shall have run before the passage of this act. Sec. 4. Be it further enacted, That all laws and parts of laws conflicting with this act be and the same are hereby re- pealed. Passed the House of Representatives November 30, 1861. Passed the Senate December 13, 1861. Approved by the Governor December 18, 1861. Chapter 1,272—[No. 15.] AN ACT relative to the Public Lands of the State of Florida. [ Section 1. Be it enacted by the Senate and House of . y®£andB0toBu1>" ^ePreseniatives of the State of Florida in General Assem- piy salesmen in bly convened, That the Register of Public Lands be and he wUh^iatsT&c! is hereby authorized and required to supply tLe Salesmen or LAWS OF FLORIDA. 19 Receivers in the several Judicial Circuits of this State with 1861. plats of each Township in which there are Public Lands subject to entry in their respective circuits, upon which How Fiats to b« plats shall be designated the School, Seminary, Swamp and prepared. Internal Improvement Lands, the lands granted or reserved for the construction of Railroads, and the Public Lands heretofore entered or otherwise appropriated, and also the time when the lands in each Township were first offered for sale; and he shall also furnish the Salesmen or Receivers, Lists of Town- with a list of the Townships in their respective circuits in Bhips- which there are no Public Lands subject to entry. Sec. 2. Be it further enacted, That for the purposes afore- said, the Register of Public Lands is authorized, in his dis- cretion, to use any duplicate plats in his otfice which do not Register m a y constitute any part of the official records, and shall be al- PiYts andem- lowed to employ Clerks or Draughtsmen, and the compen- ploy Clerk8'&c- sation paid for the services hereinbefore required shall be one dollar for each plat furnished, when there is no dupli- cate in the office which can be used for the purpose, and fifty cents for each plat upon which the entries and lands belong- ing to the several funds are designated; which amount shall he paid by the Treasurer, out of any funds received from the sale of Public Lands, upon the warrant of the Comptroller^ which warrant shall be issued upon a certificate of the Re- gister of Public Lands. Sec. 3. Beit further enacted, That in all cases arising under the laws regulating Pre-emptions, Graduation entries Prc"cmPtions- and the location of Bounty Land Warrants, the Salesmen or Duties of Saleg Receivers shall be authorized to perform all such acts as the men and Recei- late United States Registers and Receivers were authorized vers' to perform under the laws, regulations and instructions of „ . . . „ 1tt n •» 1 t-> ® • n -r> i t t tin Register to ^nr" the United States; and the Register ot Public Lands shall nish instrnc- furnish to said Salesmen or Receivers printed or written in- 10nh' structious relative to their duties. Sec. 4. Be it further enacted, That the Register of Pub- Re„igteranri lie Lands and the Salesmen or Receivers are-authorized to Receiver may administer oaths in all matters appertaining to their respec- admintr oatht!- tive offices. Sec. 5. Be it further enacted, That all entries under the Conlirmation of Act of Congress graduating and reducing the price of Pub- entries under lie Lands, made prior to the tenth day of January, 1861, £raduatlon act. which have not been already cancelled, and are not.fraudu- lent nor in violation of vested rights, are hereby confirmed. Sec. 6. Be it further enacted. That in all cases of contro- testim'ny in •' ' cases of contro - versy before 20 LAWS OF FLORIDA. 1861. versy before the Register of Public Lands, the testimony KepSterTtTbe shali be reduced to writing, and if either party shall consider la writing. himself aggrieved by the decision of the Register, he may, within ninety days thereafter, ask an order from the Judge circuitWurt° of the Circuit Court for the circuit in which the lands in &c. controversy are situated, commanding the Register to certify to said court the proceedings had before him, which peti- ■ Form of peti- tion may be as follows: " A. B. represents to the honorable fion' —Judge of the Circuit Court for the-—:—circuit of Florida, that in a controversy before the Register of Public Lands, between A. B. and C. D., the said A. B. considers himself aggrieved by the decision of said Register, and peti- tions the court that the proceedings had before said Register may be certified to the court, that justice may be done in .t^oceedingS) on the premises." Upon the filing of said petition, signed by mg p<- 11 • ^]ie party or his attorney, in the clerk's office of the Circuit Court of the county within which said land may be situated, the clerk shall issue a writ to the Register of Public Lands, commanding him, on or before the first day of the next en- suing term of the said Circuit Court, to certify to said court the testimony taken and the proceedings had before him, and his decision thereon. • ■ snpesedcae. Seo. 7. Be it further enacted, That upon the receipt of said writ, the Register shall suspend further action under his decision, and shall, within twenty days thereafter, file in Transcri't of the clerk's office of the said court a transcript "of the pro- proceedings, &c cee{jjngS had before him, together with the reasons for his decision ; and the case shall stand for trial at the next term w it of the Circuit Court thereafter: Provided, A copy of said writ shall be served upon the Register within thirty days before the first day of said term of court, and said writ may be directed to the Sheriff of Leon county. Decree of cir ^E0- Be it further enacted, That if upon trial it shall «nt Courts. seem to the court that the decision of the Register was against law, the court shall give such decree as equity and justice demands, which decree shall be certified to the Re- gister, whose duty it shall be to carry the same into effect; and if it shall seem to the court that the decision of the Re- gister is.correct, the action of the Register shall be confirmed co»t«.. by the court, the costs in all such cases to be paid as the court may direct. , . Sec. • 9. Be it further enacted, That any person or per- Persons claim- , . . r r mg lands under sons, or the legal representatives of any person or persons, eign governm't" who claim lands lying within the State of Florida, by virtue LAWS OF FLORIDA. 21 of grant, concession, order of survey, permission to settle, or 1861. other written evidence of title emanating from any foreign government, bearing date prior to the cession to the United States of the territory out of which Florida was formed, or during the period when any such government claimed sove- .reignty, or had the actual possession of the district or territory for in which the lands so claimed are situated, shall be and they confirmation or are hereby authorized to make application for the eonfirma- tion of their .title to the lands so claimed, in the manner fol- lowing, to wit: they shall file notices in writing, together with the evidence in support of their claims, before the Re- gister of Public Lands, together with a brief abstract of the title of the claimant and copies of the plats of survey there- of, whenever such surveys have been made and are in pos- session of the claimant, and accompanied with a sworn statement by the claimant of the lands supposed to be cov- ered by his claim, according to the legal divisions and sub- divisions of the official surveys, if the land claimed has been ^ of decj, surveyed, and the said notices, evidence, and the decision of sion of Regist'r. the Register thereon, shall be recorded in a book kept for that purpose. Sec. 10. Be it further enacted, That the Register of Pub- Powers and dn- lie Lands shall hear and decide, in conformity with this act, ister^heafh^ and according to justice and equity and the principles ^mdBecidiBSI hereinafter established, in a summary manner, all matters respecting such claims as come within the provisions of this act; he shall have power to administer oaths, compel the at- tendance of and examine witnesses, demand and obtain from the proper officers all public records in which grants of Land Warrants, orders of survey, or other evidence of claims tp lands derived from any foreign government may have been recorded, and shall make a report to the Gene'ral As- sembly of this State on the claims so presented to him for wy. decision, dividing said claims into separate classes in the manner hereinafter provided, and giving his opinion wheth- er such claim ought to be confirmed or rejected. Sec. 11. Beit further enacted, That the claims so pre- claims passe* gented and passed upon by the Register as aforesaid, shall Register be be by him divided in his reports into three distinct classes, classified, as follows: Number one shall contain all claims which in Firgtclasg his opinion ought to be confirmed, where the lands claimed have been in possession and cultivated by the private claim- ants, or those under whom they derive title for a period at least twenty years preceding the date of filing the claim, 22 LAWS OF FLORIDA. 1861. Second class. Third class. Proviso as to fraudul't claims rejected. Claims to he re- ported to the General Assem- fcly. Indemnity for lands sold to which claim may he confirm- Evidence to be takenbefore any Co mm is- lioners to he taken as prima faeia. by virtue of some grant, concession, order of survey, permis- sion to settle or other written evidence of title emanating from some foreign government, which had ordained sove- reignty or jurisdiction over the Territory in which the lands claimed are situated, and when the title emanating from such foreign government bears date anterior to the cession of Florida to the United States. Number two shall contain all claims which in his opinion ought to be confirmed, where the lands arc claimed under written evi- dence of title as above provided in class number one, but where there has been no actual possession and cultivation of the land claimed for a period of at least twenty years prior to the filing of the claim. Number three shall contain all claims which in his opinion ought to be rejected, whether from defect of proof, suspicion of fraud based upon proba- ble grounds, uncertainty of location vagueness, of descrip- tion or any other cause sufficient in his opinion to justify such rejection : Provided, That in no case shall said Regis- ter embrace in said classes, number one and number two, any claim which has been heretofore presented for confirmation before any Board of Commissioners, orother public officers acting under authority of law, and rejected as being fraudu- lent or procured or maintained by fraudulent or improper means,, nor shall any such claim be received or considered by th'e Register, which has been already twice rejected on the merits by previous Boards. Sec. 12. Be it further enacted, That all claims so consid- ered and classified by the Register, shall be reported to the General Assembly at the commencement of each regular, session thereof, for its action and final decision thereon. Sec. 13. fie it farther enacted, That whenever it shall, appear that lands claimed, and the title to which may be confirmed under the provisions of this act, have been sold, or appropriated in whole or in part prior to such confirma- tion, the party in whose favor the title is confirmed, shall have the right to enter upon the public lands of the State a quantity of land equal in extent to that so sold or appro- priated. Sec. 14. Be it farther enacted, That whenever any claim is presented for confirmation under the provisions of this act, which has heretofore been presented before any Board of Commissioners under authority of law, the facts reported as proven by the former Board shall be taken as true prima facie / and the evidence offered before such for- LAWS OF FLORIDA. 23 mer Board, and remaining of record, shall be admitted on 1861. thes examination of the claims made under the provisions of ~ this act. Sec. 15. Beit further enacted. That before the Register Payforrecora shall be required to receive for record any notice, paper, evi- of papers aiea. dence of title, or testimony in support of any claim, the claimant shall pay to said Register the sum of twenty-five cents for every hundred words required to be recorded, which shall he in full consideration for the recording and the transcript to be furnished to the General Assembly. Sec. 16. Be it further enacted, That in any case of such Inwhat caBeB a claim to lands as is hereinbefore mentioned, where the proceeding^ lands claimed have not been in the possession of and culti- petitions in ■ vated by the original claimant or claimants, or those hold- cultCoart- ing title under him or them, for the period of twenty years, and where such lands are claimed by complete grants or concessions, or order of survey duly executed, or by other mode of investiture of the title thereto in the original claimant or claimants, by separation thereof from the mass of public domain, either by actual survey or definition of fixed, natural and ascertainable boundaries or initial points, courses and distances, by -the competent authority prior to the cession of Florida to the United States, or where such title was created and perfected during the period while the foreign governments from which it emanated claimed sove- reignty over or had the actual possession of the territory in . which such lands are situated, the person or persons, his, her, or their heirs, devisees, or legal representatives or grantees, so claiming such lands, may, at their option, instead of sub- mitting their claim to the Register, proceed by petition in any Circuit Court of the State of Florida within whose ju- risdiction the lands or any part of the lands claimed may lie, unless such claim comes within the purview of the elev- enth section of this act, to which petition the State shall be state to ben;*** made defendant, and it shall be verified by the oath of the defendant, party or parties, and conform to the provisions of section nine of this act, and to the practice of such Court in Chan- eery, and the Solicitor of the State for such Circuit shall de- fend against the same for the State, and the Court shall de- cide the claim valid or invalid according to the principles es- tablished in this act, and decree accordingly. If the decree be against the Statey an appeal shall be entered to the Su- reme Court, and if it be against the claimant or claimants, e or they may take an appeal directly to that Court as of 24, LAWS OF FLORIDA. 1861. right and course, without affidavit or security other than for —*- costs, and the same shall be adjudged de novo in the Su- preme Court as in other cases of appeals thereto in chan- wcciaion of 8u- eery, and as equity and justice and the principles aforesaid 0 ' may require, which decision shall be final, and patent shall thereupon issue if the claim be adjudged valid for so much of the lands claimed as remain unsold and unappropriated, and for so much as may have been sold and appropriated, the provisions of section thirteen of this act shall apply and be in force. u-nutation: of ^EC* 17. Be it further enacted, That all applications to the Register or petitions to the Court for the confirmation of title under the provisions' of this act, shall be made or filed within five years from the passage hereof, but all claims presented or sued upon according to the provisions of this act within the said term of five years, may be prosecuted to fi- nal determination and decision, notwithstanding the said term of five years may have expired before such final deter- mination or decision. »&anitionof Sec. 18. Be it further enacted, That the lands designated •cawicLands, in this act as "Public Lands" are the lands which, on the tenth day of January, 1861, belonged to the United States of America. Passed the House of Representatives Dec. 12,1861. Passed the Senate Dec. 14, 1861. Approved by the Governor Dec. 17, 1861. Chaetek 1,278—[No. 16.] AN' ACT 'to provide for the payment of the Volunteers from this State and other Troops. Section 1. Be it enacted by the Senate and House of Rep- resentatives" of the State of Florida in General Assembly con- vened, That the Governor shall cause the proper officer to p»rai8ed praised by a competent appraiser, and said lands shall there- after be held subject to entry at the appraised valuation: Provided, however, That where any tract so purchased by proviso as to the State shall consist of more than six hundred and forty ?ract!Vi8l°n of acres, the Register may have such tract subdivided into lots, if in his opinion the value of the lands would be enhanced thereby. Passed the House of Representatives December'7, 1861. Passed the Senate December 12, 1861. Approved by the Governor December 14, 1861. Chapter 1,275—[No. 18.] AN ACT for the relief of Sheriffs and other ministerial officers of the Court. Section 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assem- hly convened. That the Comptroller of Public Accounts cred?trsheriff« be and lieis hereby authorized to credit Sheriffs and other Amounts.r4aiD 26 LAWS OF FLORIDA. i 186L ministerial officers of 'the Court against whom charges for the non-collection of fines or forfeitures has hitherto or may hereafter he made, upon the certificate of the Judge of the Circuit Court under seal of the county in which said Sheriff or other ministerial officer may reside, that the party or parties upon whom said fines were or are imposed, 01* against whom said forfeitures are rendered, were and are totally in- solvent. Appeal from the Sec. 2. Be it further enacted, That any citizen shall have comptroii°er.tlie right to appeal from the decision of the Comptroller to a Circuit Court Judge at Chambers or in Term time, and said Court, after notice to the Comptroller and full hearing on the evidence, shall give such decree as equity and justice de- mands, and the said Comptroller shall issue his warrant on said decree. Passed the House of Representatives December 7, 1861. Passed the Senate Dec. 12, 1861. Approved by the Governor December 14, 1861. ' Chapter 1,276—[No. 19.] AN ACT to amend an Act giving the State a right of Peremptory Chal- lenges in Criminal cases, approved February 14, 1861. • Be it enacted by the Senate and House of Representatives of the State of Florid,a in General Assembly convened, That Repeal. the second and third sections of an Act entitled an Act giv- ing the State a right of peremptory challenges in criminal cases, approved February 14, 1861, be and they, are hereby repealed. Passed the House of Representatives Nov. 28, 1861. Passed the Senate December 13, 1861. Approved by the Governor December 14,1861. Chapter 1,277—[No. 20.] AN ACT to authorize the suspension of Specie Payments. Wherhs, it is incumbent upon the Legislative Department Preampie. of the government to relieve the community under the general pressure of the times, as far as judicious, practica- LAWS OF FLORIDA. 27 ble and constitutional measures of legislation may devise: 1861. ind whereas, this desirable end may be attained at least la some degree, by authorizing the Banking Institutions and agencies of the State to aid the Mercantile and Agri- cultural classes, by affording facilities in the resources and means of a safe, adequate and reliable currency for commercial intercourse, operations and trade, therefore, Section 1. Be it enacted by the Senate and House of Ppresentatives of the State of Florida in General Assern- Ban ana bank , convened, That the several Banking Institutions and !le$to\™fend encies in this State be, and they are hereby respectively specie payment, thorized to suspend specie payments from the first day of inuary, 1862, until twelve months after the close of the esent war. Sec.<2. Be it further enacted, That for the purpose of Provision larding against excessive issues by the said Banking Insti- sfvMsLeesCe*" tions and agencies, they or such of them as may deem to avail themselves of the privileges of this act, are reby strictly enjoined and required to present regular larterly reports of their conditions to his Excellency the overnor, who shall cause them to be filed in the office of e State Treasurer, who shall submit a summary statement Ld general report to the next General Assembly of the ine. Sec. 3. Be it further enacted, That in the event of any of proceedings in t> i • t i,'l. j.' - -i. ,, d . case of unlawful e Banking Institutions or agencies exceeding the amount issues, issues now authorized by law, then it shall be the duty ' the Attorney General, upon instructions from the Gov- ■nor to that effect, to file a warrant in some Circuit Court, here such Bank or agency may be located, and to prose- ite the suit according to the laws regulating actions of that laracter, and the said Banks or agencies so prosecuted mil be subject to the penalty in such cases made and pro- ided. * . Sec. 4. Be it f urther enacted, That it is herein expressly p^^t^fo/sus1 "ovided, that the said several Banking Institutions and pension of spe- rencies shall be exempt from the penalties imposed by ex- cie payments' rcing laws for suspension of specie payments, so long as .y shall conform with integrity and in good faith to the [»irit, meaning, purpose, and true intent of this act. r c; 5. Be it, further enacted, That an act concerning the Act concerning gencies of Banks of other States, located in this State, re- bank agencies.*" lining them to redeem the bills of such Banks in specie, pproved January 15, 1859, and the seventh section of an act 28 LAWS OF FLORIDA. providing for the issue of Treasury Notes, approved Febrn, ry 14, 1861, be and the same are hereby repealed. Sec. 6. Be it further enacted, That all laws and parts, laws conflicting wTith the provisions of this act be and tl same are hereby repealed. Passed the House of Representatives Dec. 12,1861. Passed the Seiu Dec. 13,1861. Approved by the Governor Dec. 14, 1861. Chapter 1,278—[No. 21.] AN ACT to amend an act to. change the time for holding the Cir« Courts for the Wester a Judicial Circuit. Section 1. Be it enacted hy the Senate and House of Me resentatives of the State of Florida in General Assemh My convened, That from and after the passage of this, a< the Spring Term of the Circuit Courts for the County Walton, of the Western Judicial Circuit, shall .be held < the first Tuesday after the second Monday in March, in ea< and every year, instead of the first Monday in March, as now provided in the act to which this is an amendment. Sec. 2. Beit further enacted, That all laws or parts laws inconsistent with the provisions of this act be, and tl same are hereby repealed. Passed the House of Representatives Dec. 7,1861. Passed the Sew Dec. 13,1861. Approved by the Governor. Dec. 14,1861. Chapter 1,279—[No. 22.] t AN ACT to provide for the payment of the War Tax to be assessed up and collected from the citizens of this State. Section 1. Be it enacted hy the Senate a/nd House < Representatives of the State of Florida in General Ass& cause6Treasury My convened, That the Governor be, and he is hereby a Notes to be is- thorized to cause to be issued Treasury Notes, in the sinii *e ' tude of Bank Bills, not to exceed five hundred thousai Notes how sign- dollars, of 'denominations of not less than five, nor moi &c- than one hundred dollars, and said notes shall be signed I Repeal. Term of Circuit Court for the county of Wal- ton. Repeal. LAWS OF.FLORIDA. 29 Itlie Treasurer and Comptroller, and said Comptroller shall 1861. keep a Register of said notes, and shall charge the Treasurer ~ with the amount by him received, and shall take his receipt for the same, and said Register shall be kept in the office of :aid Comptroller, and shall not be taken out without the permission of the Governor. And said blank sheets shall be cept in the office of the Secretary of State, and shall only }e delivered to the Comptroller on the written order of the Governor, and the number and denominations of said Blank Notes so delivered, shall be kept by the Secretary of State n a book, and said Secretary of State shall take the receipt jf the Comptroller for the same. Sec. 2. Be it further enacted, That the Governor of this War tax to b« State shall pay the War Tax of Florida to the Confederate P^dbyUieGcT- States; and said notes are hereby made negotiable, and any Banking Company or corporation who shall receive said notes at par, are hereby authorized to suspend specie pay- ments. Passed the House of Representatives Dee. 12, 1861. Passed the Senate Dec. 18,1861. Approved by the Governor Dec. 16,1861. Chapter 1,280—[FTo. 23.] AN ACT for the relief of certain citizens of the State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assem- bly convened, That the several Tax Collectors in this State «rCei.t}flcateg ot- be, and they are hereby authorized and instructed to receive ^mptrohCTuii- in payment of taxes the outstanding certificates of the i 853, to be re- Comptroller of this State, issued under the act of January mVnt of taxesy 7, 1853, entitled an act to provide for the payment, of Cap- tain Sparkman's, Parker's and other Volunteer Companies, in the year 1849, for balances due any of the citizens of this ^State under said act. Passed the Senate Dec. 14,14861. Passed the House of Representatives Dec. 16,1861. Approved by the Governor Dec. 17,1861. 80 LAWS OF FLORIDA. 1861. Chapter 1,281—[No. 24.] AN ACT relative to Militia and Volunteer Elections. Section 1. Be it enacted by the Senate and Mouse Representatives of the State of Florida in General Asse, - bly convened, That whenever an election for field or coi pany officers of either of the Militia or Volunteer forces man°nerCof eie<> State is ordered, and said Companies, Battalions or Re tion- iments are in camp or assembled together, said electa may be held without giving more than one day's notice, ai said troops may vote either orally or by ballot, and the 1 speetors shall return the result to the Governor, who, thei upon, shall order the commission, and said return shall I injectors. mac]e Up0n oath, and said Inspectors shall administer, t] oath to each other, and shall subscribe to the same, and sa Inspectors may be appointed by the troops who are to vot Passed the House of Representatives Dec. —, 1861. Passed the Sens Dec. 17, 1861. Approved by the Governor December 17, 1861. Chapter 1,282—[No. 25.] AN ACT to authorize the holders of Treasuary Notes to exchange tf same for the Bonds of this State. Section 1. Be it enacted by the Senate and Mouse q Representatives of the State of Florida in General Assen bly convened, That after the passage of this Act, any holdei maTbe^cim'g- of the Treasury Notes of this State in sums of one or mors the state.11'18 of hundred dollars, may at any time pay the same into tli( Treasury, and receive in exchange therefor the bonds of tlii State, issued or authorized to be issued under ordinanci thirty-four of the Convention, entitled an ordinance to raist money for the immediate exigences of the State, and forth payment of the public debt. Passed the House of Representatives December 12, 1861. Passed tlij Senate December 17,1861. Approved by the Governor Dec. 17, 1861. I LAWS OF FLORIDA. 31 1861. Chapter 1,283—[No. 26.] AN ACT to suppress Monopolies. Section 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assem- bly convened, That no person or persons shall buy live stock, comCmoditrs agricultural products, merchandize, or any commodity e^andTgprice whatever, with the intention to produce a scarcity in the prohibited, market, so that by reason of such scarcity he or they may obtain a higher price therefor. Sec. 2. Be it further enacted, That no persons shall com- combination to bine to buy up live stock, agricultural products, merchan- t/^oMbited.01 dize or commodities of any kind, with intent to produce a scarcity thereqf in the market, so. that by reason of such scarcity they may obtain higher prices therefor. And by Market, the word market'in this act is meant, not only places where live stock or commodities are brought together for sale, but any where in town or country where such things are pro- •duced, or sold, or wanted. Sec. 3. Be it further enacted, That the Judges of the Duties of cir- Circuit Courts of this Sfctite shall give this act in charge of onmdUJurfesnd the Grand Juries, who shall inquire into and present all vio- neP" lations of this act, and any person convicted on indict- ment or presentment under this act, may be lined in any Penalty- sum not to exceed one thousand dollars and imprisoned not exceeding one year, at the discretion of the Court. Sec. 4. Be it further enacted, That this "act shall be in Time when this force from and after its passage to the end of the pending ^c|ha11 be ot' war between the Confederate States and the United States; but the termination of the war shall not abate any prosecu- tions then pending, nor shall it be a bar to the institution of new prosecutions for any violation of this act that may have been committed during the war. Passed the Senate Dec. 17, 1801. Passed the House of Kepresentatives Dec. 17, 1861. Approved by the Governor December 17,1861. Chapter 1,284—[No. 27.] AN ACT in relation to Alien Enemies. Section 1. Be it enacted by the Senate 'and House of Representatives of the Steite of Jblorida in General Assem- bly convened, That until the General Assembly shall other- fnemies ghau LAWS OF FLORIDA. 1861. wise provide, 110 suit, or other proceedings shall be prosecuted" not be proseca- to judgment in any county in this State or any Court exercis- ted to judgme't. jng jurisdiction in this State, for any debt or money due, in whole or in part, to any alien en01113- of the Confederate States of America, and which debt or "money was so due on the twenty first day of May, eighteen hundred and sixty-one,, or any debt or money which may have become due since the said twenty-first day of May, or to any person who lias been, is or shall be engaged in actual hostility to said Confederate States, or who in any manner has given, is going, or shall give aid and comfort to the enemy engaged in war with said Confederate States; nor shall any execution be issued upon BOTdeC8haifnot any bond, having the effect of a judgment, in whole or in be issued. part, in favor of an)?- such alien enemy, or person, or those who shall claim by, through or under, them. And all execu- tions upon any such judgment, decree or bond, now in the hands of any officer of this State, or officer in this State for collection, shall be returned to the Courts from which they issued, stayed by the operation of law. Sec. 2. Be it further enacted, That if any suit now pend- As to securities *n£ *n ^ie Courts of this State, Courts exercising juris- for costs. diction in this State, in favor of any such alien enemies or person, and those claiming through, by or under thera, shall be suspended, no judgment shall be rendered, and no execution shall be issued against the security for costs in any such suit, if a citizen of this State or the Confederate States of America, until the General Assembly shall other- wise provide. Sec. 3. Be it further enacted,, That citizens or corpora- rities Tn hands tions of this State, who are indebted to alien enemies, and of alien enemi's w}10 Jiave deposited- as collateral security for such debts, any bond or bonds, or other evidences of debt issued by this State, or by any county, city, or corporation of this State, shall be allowed in the settlement and adjustment of their indebtedness to such alien enemy, a credit for such bond or bonds, of other evidences pf debt so hypothecated, at their par value; and no judgment shall be entered against such citizen or corporation so indebted, except for the balance found due to such alien enemy, or to the Confederate States, or the representatives of such alien enemy, after de- ducting the credit as aforesaid. Passed the Senate Dec. 16,1881. Passed the House of Representative,*- Dec. 16,1861. Approved by the Governor Dec. 17,1861. LAWS OF FLORIDA. 33 Chapter 1,285—[No. 28.] *— AN ACT to authorize the Secretary of this State to appoint an assistant. Section 1. Be it enacted by the Senate and Ilouse o< Representatives of the State of Florida in General Assem- Secretary of bly convened. That the Secretary of State he authorized and empowered to appoint an Assistant Secretary of State, who shall be empowered and authorized to discharge all the offi- cial duties of the Secretary of- State, whenever he may be absent from the Capital or the State. Sec. 2. Be it further enacted, That the Assistant Seeye- ofc°^P^ftion tary of State shall not receive compensation for his services from the Treasury oi this State, but shall look'to the Sec- retary of State alone for his compensation. Sec. 3. Be it further enacted, That all laws or parts of laws in conflict with this act be and the same are hereby re- epea' jiealed. Passed the Senate Dec. 14, 1861. Passed the House of Representatives Dec. 16,1861. Approved by the Governor Dec. 17, 1861. Chapter 1,286—[No. 29.] AN ACT to amend an act relating to the distribution of the laws of the State, approved January 7, 1853. Section 1. Be it enacted by the Senate and Ilouse of Representatives of the State of .Florida in Genercd Assem- Ti"mfcehan be bly convened, That from and after the passage of this act, dMribated. the acts and resolutions passed by each and every session of the General Assembly of this State, shall he distributed within sixty days next after the adjournment of said Gen- eral Assembly. Sec. 2. Be it further enacted, That all acts and parts of Repeal. acts, inconsistent with this act be and the same are hereby repealed. Passed the. Senate Dec. 13,1861. Passed the House of Representatives Dec. 13,1861. Approved by the Governor Dec. 17,1861. 3 34 LAWS OF FLORIDA. 1861. Chapter 1,287—[No. 30.] AN ACT to amend the laws of this State in relation to Elections. Section 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assem- bly convened, That the tenth section of an Act to amend Repeal. and simplify the election laws now in force in this State, ap- proved by the Governor January 6th, 1853, he and the same is hereby repealed, and the following substituted in the place of it, to wit: That on the third day after an elec- tion, except in the counties' of Monroe, Dade and Orange, which shall be the tenth day, it shall be the duty of the posit Return.6® Inspectors of the different precincts or persons entrusted ProbateUdse °f w ^ie returns, on or before the third day after the elec- 10 a tion, to make a deposit of the returns with which they have been entrusted with the Judge of Probate, or to meet at the Court House or county site on the third day, who, or any two Soard of Can- n , . i i -r S -r» •» -i -i-r /» *t> t tvassers, duties of them, with the J udge of Probate, shall form a Board of VTn ' o ™ # Canvassers for the county, and it shall be the duty of said board to proceed publicly to open the returns and to canvass and count the votes given for the several persons for each of- fice in each precinct, in regular order, commencing at the first precinct. • Sec. 2. Be it further exacted, That the Inspector or per- compensation son entrusted with the election returns from any precinct , fo^can-ymg le- gpap pe entitled to receive from the Judge of Probate, on de- positing or presenting said returns, an account which he must swear to, and an order on the County Treasurer for what shall be due fo him for carrying said returns from the precinct to the Court House, which shall be furnished him by lvobat and the Sheriff of the county or any Constable thereof, shall execute and return all such process, and for which ser- vice the Sheriff or Constable, as the case may be, shall be en- 36 LAWS OF FLORIDA. 1861. Penalty. Compensation of Board of Can- vassers. Compensation of witnesses. Pee of Judge of Probate. Pees, expenses, &c., how paid. Pines and for- feitures. titled to tlie same fees as they are in other eases of a similar character, and any person thus summoned as a witness shall, be compelled to attend accordingly, anc^ in default thereof shall be subject to a tine of not more than twenty-five dol- lars, to be imposed by the said Board of County Canvassers, and to be enforced by the issue of an execution against the goods and chattels, lands and tenements of the defaulting witness by the Juge of Probate for the same, and costs, and it shall be the duty of said Sheriff or Constable, in whose hands the execution may be placedj to proceed to make the money on the same as on other executions placed in their hands. , Sec. 5. Be it further enacted, That in the event the Board of County Canvassers shall have to hold an "adjourned meeting under the provisions of the third section of this Act, each one shall be entitled to receive two dollars per day for their services on said adjourned meeting, and ten cents per mile for going to and returning from said adjourned meeting; and each witness who shall attend under a sub- poena shall be entitted to the same compensation that he would be entitled to if he had been subpoenaed in a civil suit in the Circuit Court of the county, to be ascertained by the Judge of Probate making out the account of such service and the witness swearing to the same. The services required of the Judge of Probate by this Act, he shall receive the same for it, that he is entitled to for similar services in other cases provided for by law. • Sec. 6. Be it further enacted, That all the fees and ex- penses to be incurred by the provisions of this Act shall be paid for out of the funds belonging to the county and not otherwise appropriated, upon a warrant or. order drawn by the Judge of Probate, in favor of the person who shall be entitled to it upon the County Treasurer for that purpose, except'the cost of delinquent witnesses, and all fines and forfeitures imposed and collected by virtue of this Act, shall be' paid into the County Treasury. Passed the Senate December 12th, 1861., Passed the House of Represen- tatives December 14tli, 1861. Approved by the Governor December 17th, 1861. LAWS OF FLORIDA. 37 1861. Chapter 1,288—[Ro. 31.] AN ACT to proyicle clothing for the State Troops. Section 1. Be it enacted by the Senate and House of _Representatives of the State of Florida in General Asseni- bly convened, That the sum of ten thousand dollars be, and Appr0priati0ri the same is hereby appropriated out of any monies in the for the^urchase Treasury not otherwise appropriated and placed at the dis- teriais. ms ma~ posal of the Governor, fordlie purpose of purchasing mater- ial to be made into clothing for the use of the troops of this State, by the Ladies Military Aid and other patriotic societies of the same. Passed the House of Representatives Dec. 17, 1861. Passed the Senate Dec. 17,1861. Approved by the Governor Dec. 17,1861. Chapter 1,289—[Ro. 32.] AN ACT to repeal the eighth section of an act still further defining the duties of the Trustees of the Internal Improvement Fund, approved February 14, 1861. Section 1. Be it enacted by the Senate and House of /Representatives of the State of Florida in General Assem- • bly convened, That the eighth section of an act entitled an epea' act still further defining the duties of the Trustees of the Internal Improvement Fund, approved Feb'y 14, 1861, be, and the same is hereby repealed. Passed the Senate Dec. 3,1861. Passed the House of Representatives Dec. 16,1861. Approved by the Governor Dec. 17,1861. Chapter 1,290—r[Ro. 33.] AN ACT for the relief of R. B. Canova. Whereas, by the books of the Comptroller's office, a large Preamble, balance is made to appear as due by R. B. Canova, form- erly Sheriff and Tax .Collector of St. John's County; 38 LAWS OF FLORIDA. 1861. And, whereas, by a settlement made with a former Comp- — troller, by the said R. B. Canova, as appears by a state- ment of said settlement, the accounts of said Canova were closed and full payment made. Section 1. Be it therefore enacted by the Senate and comptroiier^re- jjouse Representatives of the State of Florida in Gen- the account of eral Assembly convened, That the Comptroller be, and he is k. b. canova. hereby required to close the account of said R. B. Canova, on the books of his office, by entering as a credit there- on the amount improperly appearing to be due, so that hereafter no balance shall thereby appear against the said R. B. Canova. Passed the House of Representatives Dec. 4,1861. Passed the Senate Dec. 6,1861. Approved by the Governor Dec-11,1861. Chapter 1,291—[No. 31.] AN ACT to amend and consolidate the several acts of this State in rela- tion to Patrols. personB requir- Section 1. Be it enacted by the Senate and House of patrofduty?rm Representatives of the State of Florida in General Assem- bly convened, That all persons subject to Militia duty, shall be subject to* perform all patrol duty which may be required by the Patrol Committee, or Captain of Patrol, of the dis- Patrol commit- ti*ict in which the said persons reside. tee to t>e ap- Sec. 2. Be it further enacted, That the Board of County 1 ' Commissioners of each county in this State, shall at their first regular meeting in April, in each year, appoint a Patrol Committee of three persons in each Justice's District, in said , . „ county, who shall serve for one year, and until their success- Notice of ap- J, j -i.r. j pointment to oe ors are appointed and qualified. served. Sec. 3. Be it further enacted, That within ten days after said appointment, the Judge of Probate of each county shall issue to each person so appointed, a witten notice of his ap- pointment, which notice shall be served by the Sheriff of said county, in some one of the modes, prescribed by law for the service of summons ad respondendum, returnable to the Circuit Court, which said notice shall be returned by the Sheriff, with the proper endorsement thereon, within five days after the service thereof, to the Judge of Probate, and for said service he shall receive such compensation as may LAWS OF FLORIDA. 89 be allowed by law for the service of summons ad respond- 1861. endum, returnable to the Circuit Court. -Sec. J. Be it further enacted, That within ten days after notification of their appointment, the said Patrol Committee, Li of perB0BR or some two of them, of each Justice's District in the State eubjectofpatrol must make out a complete list of all the persons in their duty* district subject to patrol duty, and make division of the whole number into detachments of not less than four, nor more than six,' one of which must be designated Captain of the Patrol. Sec. 5. Be it further enacted. That after such enumera- tion and division are made, a record thereof must be made captains of pa- and retained by the said Patrol Committee, who must make oFserv?ce.term lists of j the persons composing each detachment, designating the Captain thereof, stating on each list when the term of service will commence, each detachment being required to serve as patrol not less than two nor more than four" weeks, captains to t>e And the list so made out must be served by the said Patrol [™liBhccl witi» Committee, or one of them, on the Captain of each detach- ment within ten days after their completion, either person- ally or by leaving the list at his residence; but if the said Captain is sick, or absent, the list must be served in like manner on the next person on the list, informing him that he is Captain of the detachment. Sec. 6. Be it further enacted, That, when the term of j^'ofVerVcc service of all the detachments is exhausted, the Patrol expires. Committee must again give notice to the Captain of each detachment, stating when the new term of service of each detachment will commence, which must be served in the same manner as the previous notice. Sec. 7. Be it further ^enacted, That upon receiving such captains to giyc* notice, with a list of«the persons comprising the detachment, notice todetacii- the Captain must, within five days thereafter, notify each member thereof personally, or by leaving a written notice at his place of residence, and designate the time and place of the meeting of the patrol. Sec. 8. Be it further enacted, That each detachment must Districts to be patrol such parts of the district as in their judgment is p?ctrollccl>timc> necessary, at least once a week at night, during their term of service, but oftener when required so do to by the Patrol Committee, or one of them, or when informed by a credita- ble person of evidence of insubordination, or threatened outbreak, or insurrection of the slaves, or of any contempla- ted unlawful assembly of slaves, or free persons of color: all unlawful meet- " ing of slaves or 40 LAWS OF FLORIDA. 1861. assemblies and congregations of slaves, or free persons ot free -persons of color, or both consisting of four or more met together in a odor. confined or secret place, is hereby declared to be an unlaw- ful meeting. Sec. 9. Be it further enacted, That the patrol has power tie"of thepatroi enter, m a peaceable manner, upon any plantation, to en- &c- ter by force if necessary all negro cabins or quarters, kitch- ens and out houses, and may inflict a punishment not ex- ceeding twenty lashes on all slaves they may find off their Pa«s for. owners' plantations without a proper pass, or permit, desig- nating the place or places to which they have leave to go, and the time they are. permitted to stay. The Patrol shall visit all suspected places, and suppress all unlawful meet- ing of slaves, and shall be diligent in apprehending all run- away negroes in their respective districts, shall be vigilant and endeavor to detect all thefts, and bring the perpetrators to justice, and also all persons guilty of trading with slaves. The patrol or any two or more of a detachment, shall have all'such powrers as may be necessary to a proper discharge of the duties herein enjoined, and if, upon taking up a slave, and chastising him as herein directed, he shall behave inso- lently, they may inflct further punishment for his miscon- duct, not exceeding thirty nine lashes, nnri ,1,, Sec. 10. Be it further enacted. That the said patrol shall rowers and. era- _./ 1 ' .. . r # ties of the patrol liave power, and they are hereby authorized and required to enter into any disorderly house or vessel, suspected of liar- boring, trafficing or dealing with negroes, whether the same be occupied b}r white persons, free negroeSj mulattoes or slaves, and to apprehend and correct all slaves found there by whipping, as hereinbefore directed, and the said patrol are moreover authorized and required to give infor- mation to a Justice of the Peace, or tli® Solicitor of the Cir- cuit, of such white persons, or free persons of color, as may be found in such house or vessel, and to detain in their pos- session such produce or articles of traffic as may be found in such house or vessel, until the same shall be disposed of in the manner prescribed in the next section for the con- demnation and sale of arms and other offensive weapons. v Sec. 11. Be it further enacted, That all fire arms or other fomuHnpoases- offensive weapons found in the possession of any slave', shall filf9eized?ves t0 he seized by the patrol, and be subject to condemnation and forfeiture to the use of the county in the following manner: The Captain of the detachment, who shall seize the same, shall, within ten days thereafter, deposit the same with a LAWS OF FLORIDA. 41 Justice of the Peace, and tlie said justice shall within ten "Trri""" days after his receipt thereof, upon the application of the ' - owner or employer of said slave, hear cause if said owner or employer can allege any, why such arms or offensive wea- pons should not be sold; and if sufficient cause be not shown within that time, the said justice shall issue a certificate, declaring said arms or weapons forfeited and condemned, and the same shall be sold by the Captain of the patrol, af- ter giving ten days notice, and the proceeds of said sale, af- ter the payment of the costs of the proceedings, shall be paid into the County Treasury: Provided, That no such' con- Proviso, demnation or sale shall take place, if it should appear to the satisfaction of said justice, that the said arm or weapon belonged to some person other than the master or employer of said, slave, and.was in the possession without the fault of the owner of such arms or weapons. »Sec. 12. Be it further enacted, That the Captain of each ca t'intomake patrol detachment must, at the expiration of each term of report? oma c service, make a report in writing, and upon oath to the Pat- rol Committee of his district, of the number of times his de- fcachment has patrolled, and of the absence without suffi- ^eimqucnts to cient excuse of any number of the detachment at the times designated for patrolling, and failure to perform patrol duty, and thereupon, it shall be the duty of the Patrol Committee, or any two of them, to cite the delinquents to appear at a time and place designated by them, and show cause why a fine should not be imposed against them, and upon their failure to appear, or to render a sufficient excuse, they must each be fined ($2) dollars for each omission, for which exe- eution may issue to be directed to any Constable of said county, who is hereby authorized to collect the same in the manner prescribed by law for collecting executions issuing from the Court of a Justice of the Peace, and on' failure to pay said fine, defendant shall be imprisoned not less than one nor more than five days. Sec. IS. Be it further enacted, That the citation provi- citationh°\y ded for in the preceding section may be served by any offi- 8er cer or person to whom it may be directed^ who snail be en- titled to the same fees as is provided by law for serving Fees- summons ad respondendum, returnable to the Circuit Court; the citation must be served at least three days before the time designated for the hearing; the service must be perso- nal, or by leaving a copy at the residence of the defendant, and the citation must be substantially as follows : 42 LAWS OF FLORIDA. 1861. Form of cita- tion. State of Florida, County. To Person refusing to act as Cap- tains of patrol. Substitutes. Quorum of pa- trol Committee. Patrol to pass free of charge. Patrol Commit- tee to make re- port to Solicitor Persons refusi'g to serve en par trol Committee or Captain. Owners of plan- tations non-res- ident. Whereas, it appears from a return made to us on oath by -, Capt. of a Patrol detachment of the Jus- tice's district of said county, that , a member of said detachment, has (state number of failures) failed to perform patrol duty when thereto duly required these; are therefore to command you to' summon the said , per- sonally to be and appear before us t>r any two of us at on the day of , A. D. 186 , to show cause why a fine should not be imposed against him Date, — Committee. Committee. Committee. Sec. 14. Be it further enacted, That any person appointed a Captain of Patrol, who refuses without sufficient excuse to act as such, must be fined twenty dollars by the Patrol Committee appointing him, being first cited to appear and show cause against it in the manner hereinbefore provided as to delinquent patrol men. Sec. 15. Be it further enacted, That any member of a patrol detachment may send a substitute, who, if accepted by the Captain, may patrol in his stead. Sec. 16. Be it further enacted, That two members of a Patrol Committee shall constitute a quorum for the trans- action of business. Sec. 17. Be it further enacted, That every member of a patrol division travelling in the performance of patrol duty, shall pass free every toll bridge or ferry. Sec.~ 18. Be it f urther enacted, That the Patrol Com- mittee of each district must make report in writing to the Solicitor of their circuit at each term of the Court in their respective counties, of all omissions or failures on the part of Patrol Captains to discharge the duties herein enjoined. Sec. 19. Be it f urther enacted, That if any person ap- pointed as one of a Patrol Committee shall refuse to serve, or if any member of a Patrol Committee or Captain of a patrol detachment shall fail to discharge any of the duties herein enjoined, the person so offending shall be indicted, and on conviction, punished by a fine not exceeding ($50) dollars, at the discretion of the Court. Sec. .20. Be it further enacted, That the owner of' any settled plantation who does not reside thereon, shall employ aiid keep on said plantation some white person, and any LAWS OF FLORIDA. 43 person failing to do so, shall be indicted, and^on conviction punished by a fine not exceeding ($100) dollars, at the dis- eretion of the Court. Sec. 21. Be it further enacted, That the Patrol, if sued for any act done in the* performance of patrol duty, may plead not guilty, and give this law in evidence under said plea, but are liable in damages to any person aggrieved for any unnecessary violence committed under color of perform- ing patrol duty, either by unnecessarily breaking or entering houses, or for excessive punishment inflicted on any slave. Sec. 22. Be it further enacted, That full force is hereby Towns and vu- granted to the incorporated Cities, Towns and Tillages of t h e i r o Trn pa- fliis State to regulate and govern the patrols on either their trol-; respective limits. Sec. 23. Be it further enacted, That all laws militating Repeal, against the true intent and meaning of this act be repealed, this repeal not to affect any proceeding instituted, or to re- lease any person from any liability incurred under any act amended hereby. Sec. 24. Be it fwrther enacted, That the Judges of the TUs act t0 be several Circuits of this $tate shall give this act in special fhargeto^rand charge to the Grand Juries at each term of the Courts held Juries, by them. Passed the Senate December 11, 1861. Passed the House ot Represen- taives December 14, 1861. Approved by the Governor Dec. 17, 1861. ^ 1861. Patrol sued for act done in per- formance of pa- trol duty. Chapter 1,292—[ISTo. 35.] f AN ACT further to define the duties of the Comptroller and Treasurer of this State. Section 1. Be it enacted by the Senate? and House of Rep- resentatwes of the State of Florida in General Assembly con- Manner of,pay- vened, That whenever any officers of this State or other jnf,m®ney d"e 7 i J . i m i to the State,pro- person desires to pay any money mto the ireasury of the ceedingg, &c. •State on account of his indebtedness to the State, he shall first go into the Comptroller's office, and there to ascertain from the Comptroller's books the amount of his indebted- liess to the State, and thereupon the Comptroller shall give him a memorandum or certificate of the amount of such in- debtedness, and on what account. Second, he shall take said certificate with him to the Treasurer's office and de- 44 LAWS OF FLORIDA. 1861. •Comptroller shall keei> an account againnt Sheriffs of fines. Sheriff to file schedule of fines Comptrollers account of taxes &c. liver tlie same to the Treasurer, and pay over to the Treasurer the amount called for in said certificate.— Third, it shall he the duty of the Treasurer to receive the money, make a proper entry thereof, file the Comptroller's certificate, and give a certificate to party paying over the money, acknowledging the receipt of the money, and on what account, which certificates thus received from the Treasurer the party shall return to the Comptroller's office, on the receipt of which the Comptroller shall give the pkrty a receipt for the amount, and enter a credit on the party's account in his hooks for the amount thus paid hy him to the Treasurer, and file the Treasurer's certificate received. Seg. 2. Be it further enacted, That it shall he the duty of the Comptroller to keep an account against each Sheriff of this State, of all fines and forfeitures returned hy the Solici- tors of this State, and whenever the Sheriff shall go out of office, he shall return to the Comptroller's office a schedule of such fines and forfeitures as he shall have turned over to his successor, with an acknowledgment, signed hy his successor written thereon; and thereupon it shall he the duty ot the Comptroller to credit the out-going Sheriff with the amount of said schedule, and to open an account in his hooks against the in-coming Sheriff, and charge him with amount of said schedule. < Sec. 3. Be it further enacted, That taxes and other revenue of the county not contemplated in the second sec- tion of this act, the Comptroller shall open a different and another account in his hooks against said Sheriff. Passed the Senate Dec. 14,1861. Passed the House of Representatives Dec. 16,1861 Approved by the Governor Dec. 17,1861. Chapter 1,293—[Ko. .36.] AN ACT to authorize the payment of certain Claims accruing against the State of Florida between the times of the secession ot said State and the formation of the Government of the Confederate States, and for other purposes. Section 1. Be it enacted by the Senate and House of Beji Governor em- resentatwes of the State of Florida in General Assembly con■ poweredtohave vened, That the Governor he, and he is hereby authorized prop'riyauthen- and empowered to cause all claims for military or other ser- ticated for mili- 1 tary service, &c. LAWS OF FLORIDA. 45 vices rendered the State of Florida in aiding or preparing 180*1. the said State for defences against the enemies of the same, or for work or service rendered iri the Dock and Navy Yards and Arsenals of the same, under the order or direc- tion ot any military, naval, or other officer of said State, then or afterwards reorganized as snch by the proper author- ities, to be paid out of any money in' the Treastiry not other- wise appropriated, upon the presentation and authentication of proper and legal vouchees that such services has or have been rendered. Sec. 2. Be it further enacted, That upon the proper or- orde^of Gover- deroftlie Governor, endorsed upon or accompanying the norforpaymc't- said proposals, and legally authenticated vouchers, the Treasurer of the State* be, and he is hereby required to pay to the said claimants or their legally authorized agent or agents, the amount due them respectively, as shown by the sai1 1 ' 1 11 11 'icated as aforesaid. tofore called into service by requisition of the Secretary of teers tobcPauL "War of the Confederate States on the Executive of this State, or by. the Governor of this State, from the time said requisition was filled, and the said volunteers were ordered to and actually in camps until the time said volunteers were mustered into the service of the Confederate States, shall be paid as aforesaid, upon the muster-roll and vouchers prop- erly and legally authenticated as aforesaid: Provided, nev- proViso. ertheless, That no volunteer or volunteer company shall be paid for any time they were not actually in service in camps, or while on military duty under orders. Passed tlie House' of Representatives Nov. 29,1861. Passed the Senate Dec. 12,1861. Approved by the Governor Dec. 17,1861. volunteers here- what volun- 46 LAWS OF FLORIDA. 1861. Chapter 1,294—[No. 37.] AN ACT making appropriations for the expenses of the Eleventh Gene- ral Assembly, and for other purposes. Section 1. Be it enacted by the Senate and Souse of fotp^enPataors! Representatives of the State of Florida in General Assem- cierks, &c. yiy convened, That the following^ sums shall be paid out of any monies in the Treasury not otherwise appropriated to the following named persons, to wit: To T. J. Eppes, Presi- dent of the Senate, for mileage, $40; per diem $240; total $280. To James Abercrombie, Senator 1st District, for mi- leage, $107 60; per diem $150; total* $257 60. To A. S. Baldwin, Senator 16th District, for mileage, $33; per diem $150; total $183. To Giles Bowers, Senator 3d District, for mileage, $30; per diem $150; total $180. To P. B. Bro- kaw, Senator for 8th District, for mileage, $-—; per diem $150. To James E. Broome, Senator 15th District, for mi- leage, $38 60; per diem $150;- total $188 60. To John Chain, Senator 2d District, for mileage, $113 60; per diem $150; total $263 60. To D. C. Dawkins, Senator 6th Dis- trict, for mileage, $15; per diem, $150; total $165. To R. H. M. Davidson, Senator 7th District, for mileage, $5; per diem $150; -total $155. To W. J. Duncan, Senator 12tli District, for mileage, $20; per diem $150; total $170. To John Finlayson, Senator 10th District, for mileage, 9 00; per diem 150 00; total 159 00. To Tillman Ingram, Sena- tor 14th District, for mileage, 42 00; per diem 150 00; to- tal 192 00. To W. B. Jones, Senator 4th District, for mileage, 30 00; per diem 150 00 ; total 180 00. To J. T. Magbee, Senator 20th District, for mileage, 80 00 ; per diem 150 00; total 230 00. To W. W. McCall, Senator 13th District, for mileage, 21 20; per diem 150 00; total 171 20. To S. St. George Rogers, Senator 18th District, for mi- leage, 50 00; per diem 150 00; total 200 00. To J. W- McQueen, Senator 11th District, for mileage, 32 00; per diem 150 00; total 182 00. To J. D. Stark, Senator 19th District, for mileage, 80 00; per diem 150 00; total 230 00. To E. C. Simpkins, Senator 17th District, for mileage,1 46 00; per diem 150 00; total 196 00. To II. Walk er, Senator 9th District, for mileage, 4 00; per diem 150 00; total 154 00. To F. Watlington, Senator 21st, LAWS OF FLORIDA. 47 District, for mileage, 110 00; per diem 150 00; total 1861. 260 00. To John B. Whitehurst, Secretary of the Senate, 'per diem 190 00. To Thomas B. Barefoot, Assistant Secre- tary of the Senate, per diem 1*20 00. To Luke Lott, Re- cording Secretary of the Senate, per diem 200 00. To J. L. Tatum, Engrossing Clerk to the Senate, per diem 120 00. To E. M. West, Enrolling Clerk to the Senate, per diem 120 00. To John White, Door-keeper and Sergeant-at- Arms to the Senate, per diem 180 00. To Richard E. Frier, Messenger to the Senate, per diem 120 00. To the K'ev Dr. Dubose Chaplain, 4b 00. To 8. B. Love, Speak- Members Hlc er ot the House ot Representatives, ot Gadsden county, tor House of Kepre- mileage, 5 00; per ; diem 240 00; total 245 00. To L. A. cieAs,a&c.ve&' Amos, Santa Rosa county, for mileage, 113 60 ; per diem 150 00; total 263 60. To W. II. Arendell, Jefferson coun- ty, for mileage, 5 60; per diem 150; total 155 60. To B. W. Bellamy, Jefferson county, for mileage, 8 00.; per diem 150; total 158 00. To A. C. Blount, Escambia county, for mileage, 107 60; per diem 150 00 ; total 257 60. To W. D. Bloxham, of Leon county, for mileage, 60 cts.; per diem 150 00; total 150 60. To C. L. Broxson, of Holmes coun- ty, for mileage, 30 00; per diem 150 00; total 180 00. To A. A. Canova, of Duval county, for mileage, 36 00; per diem 150 00; total 186 00. To A. Campbell, of Liberty county, for mileage, 12 00; per diem, 150 00; total 162 00. To J. P. Carter, of Wakulla county, for mileage, 3 20; per diem, 150; total 153 20. To T. N. Clyatt, of Levy coun- county, for mileage, 50 00; per diem 150 00; total 200 00. To C. C. Coffee, of Madison county, for mileage, 11 80; per diem 150; total 161 80. To J. A. J. Collins, of Taylor county, for mileage, 15 30; per diem 150; total 165 30. To A. S. Cole, of Leon county, for mileage, 3 50; per diem 150 00; total 153 50, To J. V. Dansly, of Jackson coun- ty, for mileage, 18 00; per diem 150 00; total 168 00. To John II. Haddock, of Nassau county, for mileage, 50 00; per diem 150 00; total 200 00. To G. E. Hawes, of Put- nam county, for mileage, 51 00; per diem 150 00; total 201 00. To D. P. Holland, of Franklin county, for mi- leage, 40 00; per diem 150 00; total 190 00. Tp J. How- ell, of Hillsborough county, for mileage, 80 00; per diem 150 00; total 230 00. To Ilolloman, D. W., of Gadsden county, for mileage, 5 00; per diem, 150; total 155 00. To*N. A. Hull, of Suwannee couhty, for mileage, 24 00; per diem, 150 00; total 174 00. To .J. A. Lee, of Sumter coun- 48 LAWS OF FLORIDA. 1861. ty, for mileage, 58 00 ; per diem 150 00; total 208 O0. To Appropriation: A. A. McCormick, of Marion county, for mileage, 40 00; per diem 150 00; total 199 00. To 1ST. J. McKinnon, of Walton county, for mileage, 31 00; per diem, 150 00 ; total 181 00. To' G. W. Means, of Alachua county, for mileage,. 44 00; per diem 150; total 194. -To Win. Mickler, of St. John's county, for mileage, 42 00 ; per diem 150 00; total 192 00. To I). Mizell, of Orange county, for mileage, 84 00; per diem 150 00; total 234 00. To W. O. New- bern, of Bradford county, for mileage, 26 00; per diem 150 00; total 176 00. To Ad Oliver, „ of Leon county, for mileage, 1 50; per diem 150 00, total 151 50. To J. Parker, of Manatee county, for mileage, 92 00; per diem 150 00, total 242 00. To M. 0. Peterson, of Hernando county, for mileage, 64 00 ; per diem 150 00, total 214 00. To J. II. Pooser, of Jackson county, for mileage, 15 00; per diem 150 0Q, total 165 00. To J. Price, of Columbia coun- ty, for mileage, 22 00 ; per diem 150 00, total 172 00. To A. Richardson, of Yolusia county, for mileage, 70 00; per diem 150 00, total 220 00. J. L. Robinson, of Jackson county, for mileage, 18 00; .per diem 150 00, total 168 00. To J. S. Russell, of Jetferson county, for mileage 6 00; per diem 150 00, total 156 00. To W. LI. Scott, of Gadsden county,, for mileage, 2 80; per diem 150 00, total 152 80. To II. Seward, of Polk county, for mileage, 80 00; per diem 150 00, total 230 00. To J. Q. Stewart, of Hamilton county,, for mileage, 20 00 ; per diem 150 00, total 170 00. To E. J. Yann, of Madison county, for mileage, 11 80, per diem 150 00, total 161 80. To G. YanZant, of Columbia county, for mileage, 23 40 ; per diem 150 00, total 173 40. To T. P. Wall, of Clay county, for mileage, 19 00, per diem 150- % 00, total 169 00. To II. II. Wells, of Washington county, 'for mileage, 30 00, per diem 150 00, total 180 00. ToD. A. Yogt, of Marion county, for mileage 57 00;. per diem 150 00, total 207 00. To Joseph John Williams, of Leon county, for mileage, r ; per diem 150 00, total 150 00. To R. Yates, of Brevard county, for mileage, 83 60; per diem 150 00, total 233 60. To L. Yon, of Calhoun county, for mileage 20 00; per diem 150 00, total 170 00. To A. J. Peeler, Blerk of the House of Representatives, per diem 190 00. To J. F. Jackson, Assistant Clerk of the House of Representatives, per diem 120 00. To Thomas Hale, En- grossing Clerk of the House of Representatives, per diem LAWS OF FLORIDA. 49 120 00. To W. M. Mcintosh, Enrolling Clerk to the House 1861. of Representatives, per diem 120 00. To W. Andrews, Sergeant-at-Arms to the House of Representatives, per diem , 120 00. To John Tompkins, Messenger to the House of Representatives, per diem 96 00. To A. B. Campbell, Door-Keeper to the House of Representatives, per diem 120 00. To R. L. Errice, Recording Clerk to the House of Representatives, per diem 200 00. To the Rev. E. L. T. Blake, Chaplain, 40 00. To Thomas B. Barefoot for 75 copies of " Semi-Weekly Hews," each issue during the pre- sent session, 9 issues, say one month at 35 cents a month per copy, ordered by the Senate and furnished to the Gen- eral Assembly, 26 25. To miscellaneous printing, journals, Pnntms' laws, and general laws for distribution passed at the-present session, to be estimated according to terms of contract made with Dyke A Carlise, editors of the Floridian & Journal, and E. A. ITart, editor of the Sentinel, by the respective Committees of the Senate and House of Representatives of the present General Assembly, to be audited by the Comp- troller of jthe State, 5,000 00. To McDougall & Hobby, stationary, &e. stationary, Ac., furnished by them for the use of the present General Assembly, 252 83 cts. To 0. II. Austin, candles purchased by him and delivered to Andrews and White for the use of the present General Assembly, 110 00. For the services of slave Sam in making fires, cleaning up the halls, Ac. Ac., 30 days at 1 00 per day, and 30 nights at 25 cts. per night, making 37 50. For Assistant Clerk, C. A. Bryan, five days services, 20 00. Wm. Mcintosh for Assisting Clerk, 10 00. Sec. 2. Be it further enacted, That- the following sums Appropriation be, and they are thereby appropriated for the fiscal year 1862, isoofiscal year to-wit: For salaries of Public Officers, $31,000. For Ju- rors and Witnesses, $20,000. For^ Criminal Prosecutions and contingent expenses Circuit Courts, $20,000. For print- ing and distributing the decisions of the Supreme Court for 1861, '62, $1,400. For interest on State debt, $27,000. For maintainance of Lunatics, $2,000. For residence of the Governor, $500. , For Post Mortem examinations, $400.— For contingent expenses of the Supreme Court $600. For Contingent Fund, $10,000. For Criminal Prosecutions and contingent expenses Gircuit Courts in addition to the above $20,000, the sum of $5,000. For Jurors and Witnesses in addition to the above $20,000, the sum of $5,000. For print- ing in addition to the above and foregoing, the sum of 4 50 LAWS OF FLORIDA. 1861. $1,649 63. For Military purposes, including the arming, ——- equipping and clothing for- volunteers, on account of, and since the secession of the State of Florida from the old Fed- eral Union, $500,000. Passed the House of Representatives Dec. 17,;1861. Passed the Senate Dec. 17,1861. Approved by the Governor Dec. 17,1861. Chapter 1,295—[No. 38.] AN ACT for the relief of John Kelker and others, inhabitants of the Coun- ty of Santa Rosa. Section 1. Be it enacted by the Senate and House of Representatives of the State of JBlorida in General Assem- bly convened, That John Kelker, Frederick Kelker and Cecil ofCFeb!si3°fii)n Kelker, wife of said John Kelker, natives of West Florida, extended. who were born anterior to the treaty of session with Spain, except the said Cecil Kelker, who was born since, but of pa- rents who were at that time of cession Spanish subjects, and the children of the said John and Cecil Kelker, four in num- ber, now, and who are still minors, together with the chil- dren which may hereafter be born to them, be and they are hereby entitled to all the privileges and benefits of an act for the relief of Satrenne Ramirez, and other inhabitants of the county of Escambia, approved by the Governor February 13th, 1861. Passed the Senate November 22, 1861. Passed the House of Represen- tatives November 26, 1861. Approved by the Governor November 27, 1861. Chapter 1,296—[No. 39.] AN ACT to authorize Filo E. De LaRua to hold the office of Keeper of Spanish Archives. Section 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assem- bly convened, That Filo E. De LaRua of the county of Es- Sb|^rchives!n" cambia, and clerk of the Circuit Court of said county, be LAWS OF FLORIDA. 51 and he is hereby authorized to hold, exercise and perform 1861. the duties of the office of Keeper of the Spanish Archives at the City of Pensacola, to- which said office he has heretofore been appointed by the Governor and General Assembly of this State. ' ' Passed the House of Representatives November 23,1861. Passed the. Senate November 27, A. D. 1861. Approved by the Governor Novem- ber 30, 1861. Chapter 1,297—[Kb. 40.] AN ACT to facilitate the collection of Taxes by the city of Pensacola, and to amend an act entitled an act more fully defining the duties of Tax Assessors and Collectors for the city of Pensacola, approved December 21st, 1859. , Section 1. Be it enacted by the Senate. and House of Representatives of the State of Blorida in General Assem- Errors of form bly cdnvened, That no error in the form of an assessment of tn assessment °f taxes by said City in the amount of the tax or assessment, x or in the quantity or description of the property assessed, shall render void such assessment, and in all legal proceed- ings by said City to enforce the payment of taxes, such er- rors may be corrected by the Court upon principles of Equity, and the judgment thereupon shall be final and conclusive. Sec. 2. Be it further enacted. That no defence authorized Defencee t0 be to be made by the first section of the act to which this is an vermeefbyoath? amendment, in any legal proceeding to enforce payment of taxes due said city, shall be interposed except by a plea ver- ified by the oath of the party, or his legally authorized agent. Sec. 3. Be it further enacted, That taxes imposed by said Taxe8 t0 ^ a City shall operate as a specific and preferred lien, except as preferred lein. against the State, upon the property on which they are im- posed, and a judgment on behalf of said City for taxes on porsonal property shall be against the owner, and shall op- erate as a preferred lien, and may satisfied by the sale of his real aud personal estate, and in case of the sale of person- al property there shall be no redemption, but the sale be fi- nal and absolute. Sec. 4. Be it further enacted, That no writ of error shall wrft error be allowed, or appeal taken from the judgment of any Court 11 0 error" in behalf of said City for taxes, unless the party applying for LAWS OF FLORIDA. 1861. the writ of error or appeal shall first pay the amount of said judgment and all costs, which shall be refunded by the said City in the event the said judgment shall be reversed. Judgment shall Sec. 5. Be it further enacted, That judgments in behalf be for costs"and 0f said City for taxes shall embrace all cost and, expenses in- expenses. Clirred by said City, or the tax collector thereof, in obtaining and satisfying said judgment. Sec. 6. Be it further enacted, That property levied upon under writs of fieri facias issued in cases wherein the said city shall be plaintiff, may be sold on the first Monday of any month after a due and legal notice of thirty days. Sec. 7. Be it f urther enacted. That all laws or. parts of laws conflicting with the true intent and meaning of this act, be and the same are hereby repealed: Passed the House of Representatives Nov. 23,1861. Passed the Senate Dec. 3,1861. Approved by the Governor Dec.. 5,1861. • Sale of prop'rty. Repeal. Chapter 1,298—[Mo. 41.] AN ACT to establish and permanently locate the County Site of Manatee County. Section 1. Be it enacted by the Senate and House of Rep- resentatwes of the State of Florida in General Assembly con- permanent ioca^ vened, That from and after the passage of this act, the coun- tion of county ty site of Manatee county be, and the same is hereby re- w ' moved from the town of Manatee, to a place at or near Hagan's Bluff, on Peas Creek, in Range twenty-four, in Township thirty-eight, in the county of Manatee, and then to be established and permanently located. Sec. 2. Be it further enacted,. That all the Courts and oJs.69 and rec public offices now reqiiir.ed by law to be held at the county site, shall be held at the place prescribed in the first section of this act, and that the Public Records shall be moved from the town of Manatee to said county site. Sec. 3. Be it further enacted, That the County Commis- mlssionm-s to sioners be, and they are hereby required and authorized to purchase lands, purc}iase suitable lands for county site, and to do all other things necessary for permanently locating said county site. Sec. 4. Be it further enacted, That all laws or parts of Repeal. laws conflicting with the provisions of this act, be and the same are hereby repealed. Passed the House of Representatives November 28,1861. Passed the Senate Dee. 3, 1861. Approved by the Governor Dec. 5,1861. LAWS OF FLORIDA. 5a 1861. Chapter 1,299—[ISTo. 42.] ~ AN ACT to amend an Act permanently to locate the County Site of Yo- lusia County. Section 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assem- % convened. Tliat an Act approved February second, 1861, Act amended-by • -11 \ , ri x t 1» change of year. entitled an Act permanently to locate the county site ot Yolusia County, be and the same is hereby so amended that' in all places in said Act where the words or figures eighteen sixty-one (1861) occur, the same are changed to eighteen sixty-two (1862), provided that in all other respects the said Act is hereby re-enacted and declared of full force. Passed the House of Representatives Nov. 28,1861. Passed the Senate Dec. 2, 1861. Approved by the Governor Dec. 5,1861. Chapter 1,300—[No. 43.] AN ACT to change the name of New River County in this State to that of Bradford, in honor of the memory of the late Captain Richard Bradford of this State, and'for other purposes. Section 1. Be it enacted by the Senate and House of Rep- resentatives of the State of Florida in General Assembly con- vened,' That the name of New River County in this State changed.c°UDt3' be and the same is hereby changed to Bradford, in honor of the late Captain Richard Bradford, who fell at the battle of Santa Rosa on the ninth of October last. Sec. 2. Be it farther enacted, That the first section of Suits> &c., not this Act changing the name of the county of New River to to be affected, that of Bradford, shall in no wise affect any suit, process, writ or pleading hitherto begun, brought or instituted in any of the Courts in said county, but the same shall be as valid, to all intents and purposes, as if the name of said county had not been changed. Sec. 3. Be it farther enactedj That all laws or parts ot laws conflicting with the provisions of this Act, be and the same are hereby repealed. Passed the House of Representatives November 28, 1861. Passed the Senate Dec. 5,1861. Approved by the Governor December 6,1861. 54 LAWS OF FLORIDA. 1861. City authorized to subscribe. Line of road. Manner of sub- scription. Tax for the pay- mentofinter'st. Time when act to take effect. Chapter 1,301—[No. 44.] AN ACT to authorize the City of Pensacola to subscribe to the Capital Stock of the Selma and Gulf Rail Road, and for other purposes. Section" 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assem- bly convened, That tlie City of Pensacola be, and the said city is hereby authorized to subscribe to the Selma and Gulf, or any other Railroad, the connection of which may be with the Florida and Alabama Railroad of Florida, or which may terminate at or connect with any Railroad within the State of Florida, leading to Pensacola, to the extent of two hundred and fifty thousand dollars, and that said sub- scription shall be made in such manner as the Mayor and Board of Aldermen of said city shall prescribe. Sec. 2. Be it further enacted, That the Mayor and Board of Aldermen of said city be and they are hereby authorized and empowered to assess and collect, upon all the real estate of the city, such sum or sums as may be necessary to pay the interest upon any subscription hereinbefore authorized, should such subscription be made by giving the bonds of the city for the security of the same. Sec. 3. Be it further enacted, That this Act shall become operative and go into effect from and after its adoption and acceptance by the Mayor and Board of Aldermen of said city of Pensacola. Passed the House of Representatives November 26th, 1§61. Passed the Senate December 5th, 1861.- Approved by the Governor December 6th, 1861. Chapter 1,302—[No. 45.] AN ACT to unite the offices of Judge of Probate and Clerk of Circuit Court in Clay County. Section 1. Be it enacted by the Senate and House of cierk of county Beprescntatives of the State,of Florida in General Assem- court to be ex- Jjly convened, That the Clerk of the. Circuit Court in the Probate.u se ° county of Clay; shall hereafter be Ex-officio Judge of Pro- bate of said county, and shall perform the duties of said of- fices respectively. when apt to Sec. 2. Be it further enacted, That this Act shall not take effect. " LAWS OF FLORIDA. 55 take effect until after the expiration of the present term of 1861. those officers, or in case of a vacancy from any cause. Sec. 3. Be it further enacted, That all laws and parts of repeal, laws conflicting with this Act, be and the same are hereby repealed. Passed the House of Representatives Nov. 28th, 1861. Passed the Sen- ate December 5th, 1861. Approved by the Governor Dec. 9th, 1861. Chapter 1,303—[No. 46.] AN ACT to incorporate an Insurance Company in the city of Tallahas- see, to be called the Gulf State Insurance Company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assem- ^yraestahiish- My convened, That there shall be established in the city of ea. Tallahassee an Insurance Company, the capital stock of capital stock which shall be five hundred thousand dollars, to be divided ana6hares- into shares of one hundred dollars each. Sec. %, Be it further enacted^ That William E. Danelly, commissioners George II. Meginniss, William Bailey, R. A. Shine, F. R. Cotten, James Kirksey, S. B. Thomas, William Denham and I. R. Harris, or any three of them, are hereby appoint- ed Commissioners, whose duty it shall be, after advertising Advertisement for thirty days in one or more of the city papers of the time oookspcmiEg of and place of subscribing at any time before the first day of May, eighteen hundred and sixty-two, to open in the city of Tallahassee a book, and receive subscriptions for stock in said Company, which book shall be by tliqm kept open un- til the sum of one hundred thousand dollars of stock is sub- , . •. scribed for. Each subscriber shall, at the time of subscrip- «wagnptI'm ot tion, pay to the Commissioners one dollar upon every share subscribed for. Sec. 3. Be it further enacted, That those who shall be- Body politic, come subscribers for said stock, as above mentioned, their successors and assigns, shall be, and they arehere by created and made a body politic, by the name and style of the Gulf Name. State Insurance Company, and by that name shall be and are hereby made capable in law to have, purchase, receive, £r°[porato p°w- possess and retain all such property as may be necessary to carry into effect the object of this Act, to sue and be sued, to contract and be contracted with, to make and use a 56 LAWS OF FLORIDA. 1861. common seal, and break, alter and renew the same at plea- — — sure; to ordain, establish and put into execution such by- laws, rules and regulations as shall seem necessary and con- veniant for the government of said corporation, not cotra- ry to the laws and constitution of this State, and generally to do all acts and things as shall appertain or be necessary for the carrying into effect the objects and purposes of said Proviso as ta corporation: Provided, nevertheless, there shall not be less stockholders.0 f than ten stockholders, live of whom shall be residents of this State. Sec. 4. Be it further enacted, That said Commissioners company!1011°f shall, immediately after as much as one hundred thousand dollars of the stock of the said corporation shall have been subscribed for, call a meeting of the stockholders, and they, the stockholders, shall proceed to organize said corporation by the election of not less than live nor more than twenty Directors, a majority of whom shall constitute a quorum, and the said Directors shall elect one of their number as President, after which said Commissioners shall turn over said books of subscription and money paid to said President Meetings of and Directors, and said President and Directors shall an- stockholders. nuanj? on the first Monday* in January in each succeeding year, call a meeting of the stockholders, first giving thirty days notice thereof in one or more of the city papers, at Directors and which time the stockholders shall elect Directors for the en- suing year, and the Directors shall elect a President. If from any cause no election shall take place, the Board of Directors in office shall hold over until their successors are elected and installed. Sec. 5. Be it further enacted, That the President and ufPresidkfand Directors shall be elected from the stockholders in the said Directors. Company, and that no person shall be eligible as a Director except he own in his own right five shares of the stock of said Company; and further, that there shall be one vote for !ins' each share, and that absent stockholders may vote by proxy, but no one shall be entitled to vote who may be in arrears for any instalment which may have been required to have been paid upon his stock. Sec. 6. Be it further enacted, That said President and officers't&clltof Doctors shall have power to appoint and remove at plea- sure all officers and agents of said corporation, to prescribe their duties, take from them bond for the faithful perform- ance thereof, to fill any vacancies that may occur in their Board, and appoint a President pro tern, in the absence of President. Qualifications LAWS OF FLORIDA. 57 the President; and further, that said President and Direc- 1861. tors shall have power from time to time to call for the pay- payment ol ment of the unpaid stock in such sums as they may deem stock- proper, and said stock shall be considered and held as per- sonal property; and upon the neglect or refusal of any stock- holder -to pay the instalment on his stock, as called for by the President and Directors, ten days notice being given in one or more of the city papers, said Board may sell said stock at public outcry, and said delinquent stockholder shall still remain liable for any balance due, or which may be- come due by him to said corporation, and may be sued therefor in any court having jurisdiction; and said Presi- dent and Directors shall have further power to make divi- -Dmdeuds- dends, and fix the place and define the manner of paying the dividends, paying interest and transferring stock; and said President and Directors shall also have power to give the holder of the policies of said corporation the right to participate in the nett profit of the corporation, to such ex- tent, and in such manner, and upon such terms as they may deem proper. Sec. 7. Be it further enacted. That said corporation shall insurance, have authority to insure against looses by fire on all kinds of property, either real, or personal, or mixed, or choses in ae- tion, also against all hazards of. ocean or inland navigation, and transportation of every kind, and also upon the dura- tion of human life, for such premium as it may determine, and said corporation shall be liable to make good, and pay to the several persons who may insure in said corporation for the losses they may sustain, or for life insurance, in ac- cordance only with the" terms of the contract or policy is- Policies, sued by said corporation, and no policy or other contract of said corpooation shall be binding, except it be signed by the President and Secretary of said corporation; and said corpo- ration shall have power to receive money on deposit, to loan and borrow money, to make and give such securities there- for as may be considered best, to invest its monies and trans- fer at pleasure, and do all other acts it may deem advisable for the safe keeping and secure investment of its funds, also to make re-insurance of any risks that may be taken by them. 1 Sec. 8. Be it further enacted, That this Charter, and all Limitation of he privileges and powers herein granted, shall continue in charter, force for the term of twenty years f'rbm and after its passage. Passed the House of Representatives November 28, 1861. Passed the mate December 5,1861. Approved by the Governor Dec. 11, 1861. 58 LAWS OF FLORIDA. Chapter 1,304—[No. 47.] AN ACT to consolidate the offices of Sheriff and Tax Assessor and Collec- tor of Suwannee County. Section 1. Be it enacted by the Senate and Ilouse ef Rep- resentatives of the State of Florida in General Assembly convened, .That the Sheriff of Suwannee county shall hereaf- ter discharge the duties of Tax Collector and Assessor of said county, and "said offices of Sheriff and Tax Assessor and Col- lector of Suwannee county he, and they are hereby consol- idated and shall be discharged by said Sheriff from and af- ter the passage of this act. Sec. 2. Be it further enacted, That all laws and parts of laws conflicting with this act, be and they are hereby re- pealed. Passed the House ot Representatives Dec. 4,1861. Passed the Senate Dec. 6, 1861. Approved by the Governor December 11,1861. Chapter 1,305—[No. 48.] AN ACT to regulate sale days for property levied upon by Constables by virtue of executions issued by the Judge of Probate, ex-officio Justice of the Peace for Santa Rosa County. Section 1. Be it enacted hjthe Senate and House of Rep- resentatives of the State of Florida in General Assembly Law.regulating convened, That from and after the passage of this act, sales mad'e appiica- under executions issued by the Judge of Probate, e^-officio ble- Justice of the Peace in and for Santa Rosa county, and the advertisement thereof, shall be governed by and, conducted under the law governing the sales and advertisements by the Sheriffs of this State under executions issued out of and from the Circuit Courts of this State. Passed the Senate Dec. 5,1861. Passed the Hodse of Representatives Dec. 7,1861. Approved by the Governor Dec. 13,1861. Sheriff todis- charge the du- ties of Tax Col- lector. LAWS OF FLORIDA* 59 1861. Eeductionof Chapter 1,306—[No. 49.] AN ACT to amend an act to establish the Records of the County of Co- lumbia and tor other purposes. Section 1. Be it enacted by the Senate and Souse of Hep- resentatives of the State of Florida in General Assembly convened, That the service of copies and notice to the party time of not fee in person, required in said act, shall be reduced from thirty ment.advertlse" to ten days, and when publication is to be made as provided for in said act, that the publication shall be for thirty days instead of three months. Passed the House of Representatives Dec. 4,1861. Passed the Senate Pec. 12,1861. Approved by the Governor Dec. 13, 1861. Chapter 1,307—[No. 50.] AN ACT to amend an act entitled an act to organize the County of Polk from the Counties of Hillsborough and Brevard. Section 1. Be it enacted by the Senate and Souse of Rep- resentatives of the State of Florida in General Assembly convened, That the county site of Polk county shall be selec- ^gefectel by tfid by the qualified voters of the same. vote- Sec. 2. Be it further enacted, That the Judge of Probate and County Commissioners of said county shall nominate m i 8 s i oners to suitable places for said county site, including Mud. Lake, and ti°^!iaces.8Ulta* l shall also fix the time of holding said election, which shall Mamnerof elec_ I have the same notice and be conducted as elections are now tion.ner conducted for members of the General Assembly. I Sec. 3. Be it farther enacted, That the Judge of Probate Countycom- lad County Commissioners of said county be, and they are miss goners ^to j .ereby authorized to purchase lands and do all other things §£5chase an 8' ■lecessary for the location of said County Site. Sec. 4. Be it further enacted, That ail laws and parts of Repeal m conflicting with the provisions of this act, be and the aie are hereby repealed. Passed the House of Representatives December 9, 1861. Passed the K . .. Dec. 1(5.186L Approved by the Governor Del 17,1861. Keprescntatiycs [No. 10.] Bested by the.Senate and House of -Representatives of the htate of 1 lorida in General Assembly convened, That the Joint Concurrence in Resolutionsi of the General Assembly of the State of TeImeg KftsUX?/ entitled a Joint Resolution " to take steps to open the ports of °'M»- the South to the commerce of the WorM,''^™ replete with sound admonition, and that the General Assembly fully concur with the same. Passed the House of Representatives Dec 17 isfil Pa^serl the Rounto Dec. 17,1861. Approved by the Governor Dec. 17,1861 [No. 11.] RESOLUTION for the relief of R. E. Frier. Whereas, Richard E. Frier while a in the gervice of ^ State, has been totally disabled fr0m procuring a livelihood Gamble, /or himself and a helpless family in consVanoelf the ture discharge of a piece of ordnance while being tested un- der the orders of an officer m the service of the State of Flori- da, by which the said Frier has ]0st the use of both of his arms: Therefore be U resolvedly the Senate and IIome of Mwes of the State of Florida in General Assembly convened, That the said Richard E. Frier shall receive from tjle {&•}«»«£» of this State, the sum of ten doIlarg per month, to be paid g""" monthly, for the next twelve months from and after the passaffeand approval of this resolution, unless he may, before the expiration of that time, be placed npon the pensIOll ii8t 0f the Confederate States. Passed the Senate Dec. 16,1861. Passed thn un„w nf Dec! 17,1861. Approved by the Governor of Representatives n LAWS OF FLORIDA. 1801. [No. 12.] RESOLUTION for the relief of Thomas P. Wall of Clay County. Defieienc in Beit resolved by the Senate and House of Representatives of appropriation the State of Florida in General Assembly convened, That to remedied. jmake up for a deficiency in the appropriation bill passed at this session of the General Assembly in the per diem of Thomas P. Wall, a member of the House, the Comptroller be and he is here- by authorized to audit and allow and.the Treasurer to pay to the said Thomas P. Wall, the further sum of nineteen dollars. Passed the Senate Dec. 17,1861. Passed the House of Representatives Dec. 17,1861. Approved by the Governor Dec. 17,1861. [No. 13.] RESOLUTION declaratory of the reserved rights of the State of Florida. Resolutions Re it resolved by the Senate and House of Representatives of companies re- the State of Florida in General Assembly convened, That all ceived into con- powers not delegated to the Confederate States by the Consti- wifhoVt^con- tution nor prohibited by it to the States, are reserved to the sent of state. States respectively or to the people thereof. Resolved, That an act of tjie Congress of the Confederate States entitled an act to make further provisions for the public defence, approved May 11th, 1861, so far as the same authorizes the President to receive volunteer militia from any one of the Confederate States without requisition upon the Governor for such militia and without the consent of the State authority, is, in the opinion of this General Assembly, without warrant in the Constitution, and a dangerous infraction of the rights of the sovereign States. Resolved, That our delegation in Congres be and they are hereby respectively requested to use their best exertions to pro- cure the repeal of said act. Resolved, That the Governor be and he is hereby respectfully requested to transmit one copy of these resolutions to the Pres- ident of the Confederate States and one copy to our delegation, with the request that they be presented to the Congress of the Confederate States. . Passed the House of Representatives Dec. 7,1861. Passed the Senate Dec. 13,1861. Approved by the Governor Dec. 14,1861. LAWS OF FLORIDA. 75 1861. [No. 14.] — RESOLUTION relative to completing the Railroad connection between the Pensacola and Georgia Railroad and the Savannah, Albany and Gulf Railroad. Resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the. connection completion of the connection between the Pensacola and Geor- muiury ene'ce* gia Railroad and the Savannah, Albany and Gulf Railroad is sity. of great importance to this State and to the Confederate States, as a military necessity. Resolved further, That our Representatives in Congress are Aid of the Con- requested to procure, upon the principles announced in the recent ernmerftGr°e- Message of President Davis, such aid as the Confederate Gov- quested, eminent can render to ensure the completion of said Railroad connection at the earliest possible date. Passed the House of Representatives Dec. 7,1861. Passed, the Senate Dec. 13,1861. Approved by the Governor Dec. 14,1861. [No. 15.] JOINT RESOLUTION recommending Honorable William W. McCall for a Captaincy in the Regular Army. Resolved by the Senate aad House of Representatives of the State of Florida in General Assetfibly convened, That the Hon- orable William W. McCall, of Columbia county, be, and he is hereby earnestly recommended to the President of the Confeder- ate States of America for a Captaincy in the Regular Army of the Confederate States of America. Passed the House of Representatives Dec. 12, 1861. Passed the Senate Dec. 12,1861. Approved by the Governor Dec. 14th, 1861. Recommenda- tion. [No. 16.] JOINT RESOLUTION of thanks to Major General Braxton Bragg and his gallant Army. Section 1. Be it resolved by the Senate and House of Repre- sentatives of the State of Florida in General Assembly convened, Thanks to Gen. That the thanks of the State of Florida are justly due and the e™gg an °th 76 LAWS OF FLORIDA: ———- t 1861. same are hereby tendered to General BraxtonBragg, and the of- fleers and men of his gallant and brave army, for the satisfaction given to the enemy in his attack on the Warrington Navy Yard, Forts McCrea and Barancas, and the works connected therewith, on the 22d and 23d days of November, 1861. Sect. 2. JBe it further resolved, That the Governor of this State be and he is hereby respectfully requested to forward a certified copy of these resolutions to General Bragg, with this request that the same be read to the army. Passed the Senate Dec. 12th, 1861. Passed the House of Representatives Dec. 12th, 1861. Approved by the Governor Dec. 13,1861. [No. 17.] JOINT RESOLUTION authorizing the Governor, to receive troops from other States which may be tendered lor service in this State. Governor may Resolved by the Senate and Souse of Representatives of the from v o*t h°e r State of Florida in General Assembly convened, That the Gover- states. nor of this State be and he is hereby authorized to receive into the Military service of this State all volunteers or troops which may be tendered by any other State comprising in part or friendly to the government of the Confederate States of America. Passed the Senate Dec. 12, 1861. Passed the House of Representatives Dec. 12,1861. Approved by the Governor Dec. 13,1861. [No. 18.] RESOLUTION concerning the Indian River Canal. Section 1. lie it resolved by the Senate and Souse of Meprt ternai° improve- sentatives of the State of Florida in General Assembly convent ment Fund re- That the Trustees of the Internal Improvement Fund be request- ?endtimebf safe ed to extend the time fixed for selling the lands granted to facili- of lands. tate the construction of the St. Johns and Indian River Canal, from the first of January, 1862, to the first of January, 1864. Passed the House of Representatives November 23d, 1861. Passed the Senate December 12th, 1861. Approved by the Governor December 13th., 1861., LAWS OF FLORIDA. 77 1861. [No. 19.] — RESOLUTION for the relief John A. Vanghan, Sheriff of Holmes County. Whereas, at a Circuit Court in the year 1861, William Oglesby Preamble and Benjamin Oglesby were indicted and convicted on a charge of Larceny, in the county of Holmes; And, whereas : William Oglesby and Benjamin Oglesby were carried by the Sheriff of Holmes county to the county of Walton, and there confined in jail, on default of their paying their fine, and the said William Oglesby and Benjamin Oglesby broke the jail of Walton county ,and absconded, the said William to parts unknown, and the said Benjamin Oglesby was afterwards rearrested in Holmes county, and from thence carried to Jackson county, and there confined in jail, and was thereafter released by His Excellency the Gov- ernor of this State; And whereas, also the fines imposed upon both of the said Oglesbys, now stand charged against the Sheriff of Holmes county: therefore, Be it resolved by the Senate and Mouse of Representatives of Sheriff relieve< the State of Florida in General Assembly convened, That the from the1 pay several fines imposed upon the said William Oglesby and Benja- g^tof cfcrtaiI min Oglesby by the' Circuit Court of Holmes county, for Larceny, md now standing charged in the Comptroller's office against the Sheriff of Holmes county, and that the Comptroller be and he is hereby authorized and instructed to credit on his books the said Sheriff, and that he be relieved from the payment of the same. Passed the Senate Dec. 5,1861. Passed the House of Representative Dec 9,1861. Approved by the Governor Dec. 18,1861. [No. 20.] Resolved, That the memorialist, Richard E. Frier, is hereby 'tcommended to the attention of his Excellency the Governor,. Recommemia hthe may report his claims to the Confederate Congress, ttonof^uekE [rough our delegation in that body, as a fit and worthy subject tentton ofth< lr the receipt of a pension, either through some general law Governor, pich may be enacted, or by some ^special act for the memo- flist's immediate relief. „ Passed the Senate Dec. 4,1861. Passed -the House of Representatives jy 6,1861. Approved by the Governor Dec. 18,1861. 78 LAWS OF FLORIDA. [No. 21.] A RESOLUTION concerning Treasury Notes and the signing of the same. Resolved by the Senate and Souse of Representatives of the State of Florida in General Assembly convened^ That the Gov- ernor be and he is hereby authorized to appoint five suitable persons to sign the Treasury Notes heretofore authorized to be issued, said signing to be made in presence of the Governor and under his own immediate supervision. Compensation. Be it further resolved, That said persons shall be paid such suitable compensation as the Governor in his discretion shall deem just, and that said persons shall be discharged as soon as the emergency which demands their employment shall have passed. ed sheets pr'nt~ ^ fur^er resolved, That the unsigned printed sheets of said notes shall only be drawn from the Treasurer upon the Registry of written order of the Governor; that the Governor shall cause Notes. the said notes to be numbered, dated and registered in a book to be kept for that purpose; and when returned to the Treas- urer his receipt shall be taken in duplicate, one copy in a book provided for that purpose, to be kept in the Executive office, and the other to be filed with the Comptroller, upon which the Comp- troller shall charge the Treasurer the amount as cash in Treasury notes. Passed the House of Representatives December 5, 1861. Passed the Senate December 5,1861. Approved by the Governor December 6,1861. [No. 22.] JOINT RESOLUTION to have published an act therein named. Whereas, at the last session of the General Assembly of the^ State of Florida, an act was passed for the relief of Ellis W. Hankins, of Santa Rosa county, and approved and signed by the Governor, as will more fully appear by the Senate Journals at page 320, in a message received from his Excellency, dated February 9th, 1861: And whereas, by some cause the said act was not published with the other acts and resolutions of that session, and for remedy whereof, Be it resolved by the Senate and Souse of Representatives of the State of Florida in General Assembly convened, That the 1861. Governor au- thorized to ap- point persons to sign Treasury Notes. Preamble. Resolution to be poblisbed. LAWS OF FLORIDA. 79 said act for the relief of the said E. W. Hankins he published with the acts and resolutions which shall be passed by the pre- sent session of the General Assembly. Passed the Senate Nor. 25,1861. Passed the House of Representatives Nov. 26,1861. Approved by the Governor Dec. 8,1861. [No. 23.] RESOLUTION concerning Secretary of State. Be it resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the in regard to Secretary of State be requested, on or before the next meeting of state Libraries, the next General Assembly, to comply with a resolution adopted by the ninth General Assembly of the State of Florida, request- ing the Secretary to furnish the General Assembly with a correct catalogue and list of all the books in the Executive, Legislative and Judicial Libraries of this State, of which he is Librarian, and a memoranda of all books which have been extracted, lost or mislaid from said Library, and of the general condition and care of said Library. Passed House of Representatives Nov. 28, 1861. Passed the Senate Nov. 27,1861. Approved by the Governor Nov. 30,1861.