<%BANNER%>
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 Title Page
 Members of the Legislature
 Executive department
 Table of Contents
 Laws of the state of Florida, adopted...
 Resolutions
 Memorials
 Appendix
 Index


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PDIV1 Title Page
PAGE1 i
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PAGE2 ii
PDIV2 Members Legislature Chapter
PAGE3 iii
PAGE4 iv
PAGE5 v
PDIV3 Executive department
PAGE6 vi
PDIV4 Table Contents
PAGE7 vii
PAGE8 viii
PAGE9 ix
PAGE10 x
PAGE11 xi 5
PAGE12 xii 6
PAGE13 xiii 7
PAGE14 xiv 8
PAGE15 xv 9
PAGE16 xvi
PDIV5 Laws state adopted by legislature thirteenth session, 1885, under Constitution A. D. 1868
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PDIV6 Resolutions
PAGE153 137
PDIV7 Memorials
PAGE154 138
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PDIV8 Appendix
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PDIV9 Index
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A Journal of the proceedings of the Assembly of the State of Florida, at its ... session
ALL VOLUMES CITATION SEARCH THUMBNAILS PAGE IMAGE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00027833/00018
 Material Information
Title: A Journal of the proceedings of the Assembly of the State of Florida, at its ... session
Alternate Title: Assembly journal
Caption title: Journal of the Assembly of the State of Florida, at the ... session of the Legislature
Physical Description: v. : ; 23 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: State Printer
Place of Publication: Tallahassee
Creation Date: April 10, 1885
 Subjects
Subjects / Keywords: Legislative journals -- Periodicals -- Florida   ( lcsh )
Politics and government -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
General Note: At head of title: Assembly journal.
General Note: Description based on: 4th session (1871).
Funding: Digitized for the Florida House of Representatives, the Office of the Clerk.
 Record Information
Source Institution: University of Florida
Holding Location: Florida House of Representatives. Office of the Clerk.
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 003417931
oclc - 12901205
lccn - sn 85065605
System ID: UF00027833:00018
 Related Items
Preceded by: Journal of the proceedings of the House of Representatives of the ... General Assembly of the State of the State of Florida, at its ... session
Succeeded by: Journal of the proceedings of the House of Representatives of the ... session of the Legislature of the State of Florida

Table of Contents
    Title Page
        Page i
        Page ii
    Members of the Legislature
        Page iii
        Page iv
        Page v
    Executive department
        Page vi
    Table of Contents
        Page vii
        Page viii
        Page ix
        Page x
        Page xi
        Page xii
        Page xiii
        Page xiv
        Page xv
        Page xvi
    Laws of the state of Florida, adopted by the legislature of Florida, at its thirteenth session, 1885, under the Constitution of A. D. 1868
        Page 1
        Page 2
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
        Page 62
        Page 63
        Page 64
        Page 65
        Page 66
        Page 67
        Page 68
        Page 69
        Page 70
        Page 71
        Page 72
        Page 73
        Page 74
        Page 75
        Page 76
        Page 77
        Page 78
        Page 79
        Page 80
        Page 81
        Page 82
        Page 83
        Page 84
        Page 85
        Page 86
        Page 87
        Page 88
        Page 89
        Page 90
        Page 91
        Page 92
        Page 93
        Page 94
        Page 95
        Page 96
        Page 97
        Page 98
        Page 99
        Page 100
        Page 101
        Page 102
        Page 103
        Page 104
        Page 105
        Page 106
        Page 107
        Page 108
        Page 109
        Page 110
        Page 111
        Page 112
        Page 113
        Page 114
        Page 115
        Page 116
        Page 117
        Page 118
        Page 119
        Page 120
        Page 121
        Page 122
        Page 123
        Page 124
        Page 125
        Page 126
        Page 127
        Page 128
        Page 129
        Page 130
        Page 131
        Page 132
        Page 133
        Page 134
        Page 135
        Page 136
    Resolutions
        Page 137
    Memorials
        Page 138
        Page 139
        Page 140
    Appendix
        Page 141
        Page 142
        Page 143
        Page 144
        Page 145
        Page 146
        Page 147
        Page 148
        Page 149
        Page 150
        Page 151
        Page 152
        Page 153
        Page 154
        Page 155
        Page 156
        Page 157
        Page 158
        Page 159
        Page 160
        Page 161
        Page 162
        Page 163
        Page 164
        Page 165
        Page 166
    Index
        Page 167
        Page 168
        Page 169
        Page 170
        Page 171
        Page 172
        Page 173
        Page 174
        Page 175
        Page 176
        Page 177
        Page 178
        Page 179
        Page 180
Full Text



THIRTEENTH SESSION, 188'.



THE



ACTS AND RESOLUTIONS

ADOPTED BY THE

LEGISLATURE OF FLORIDA,

AT ITS

THIRTEENTH SESSION,

UNDER THE CONSTITUTION OF A. D. 1868,

TOGETHER WITH AN APPENDIX CONTAINING A

STATEMENT OF RECEIPTS AND EXPENDITURES FOR 1883-4,

AS REQUIRED BY THE CONSTITUTION..



PUBLISHED BY AUTHORITY OF LAW UNDER THE DIREC-
TION OF THE ATTORNEY-GENERAL.



TALLAHASSEE, FLA.:
CHARLES E. DYKE, STATE PRINTER.
1885.























STATE OF FLORIDA,
OFFICE OF SECRETARY OF STATE. (8
I, JOHN L. CRAWFORD, Secretary of State, do hereby certify that
the Acts and Resolutions contained in this volume have been compared
ipth the original Enrolled Acts on file in this office, and that the same
are correct and true copies. The apparent omission of words and
inaccuracies of language appear in the Enrolled Bills.
In Witness Whereof, I hereunto set my hand and affix the
[L. s.] Great Seal of the State of Florida, at Tallahassee, the
Capital, this tenth day of April, A. D. 1885.
JOHN L. CRAWFORD,
Secretary of State.



/














MEMBERS OF THE LEGISLATURE.

SE2.ATE-



NAME.



/ --l. C. BAKER.............
S--WM. BRYSON..............
._JAMES BURNAM ...... ,...
,H. W. CHANDLER ..... .
J. D. COLE.......... ..
-). L. F. COTTRELL..... ...
S E. S. CRILL.............* ...
.DELANO ............ 9....
J. L. GASKINS.......... I...
W. D. HANKINS ...... l.b..
S. M. HENDRICKS .... I....
/' A. R. JONES.........../. :...
J. M. LANDRUM...... ....
'G. M. LEE............ J...
T. LESLEY........../....
S.R. MALLORY......./.,..
A. S. MANN........... .7.
D. C. MARTIN.......... .
")MILES MOUNTIEN.... I 4...
,J. H. McKINNE....... .o...
, W. H. NEEL........... ...
/W. T. ORMAN.........'-. >...
C. B. PENDLETON... .:c ..
7OHN E. PROCTOR ...>..
-I. L. R. ROBERTS .... ;.,4. .
,/E. C. SAMMIS...... .A......
S N. SHEPPARD...... ..
l. G. SPEER...........--. ..
/. N. STRIPLING......>....
"J. W. WHIDDEN...... M...
i,. S. WILLIAMS .....3./...



COUNTY.



POST-OFFICE.

King's Ferry.........
Live Oak............
Hamilton...........
Ocala ................
Monticello..........
Cedar Key ..........
Palatka.............
SpringGarden Centre.
Starke..........: ....
Steinhatchie.........
Green Cove Springs..
Crestview...........
Milton............ ...
Leesburg.............
Tampa ...............
Pensacola ...........
Crystal River .......
Gainesville ..........
Vernon ............
Marianna ...........
Orange ..............
Apalachicola .........
Key West...........
Tallahassee...........
Lake City...........
Jacksonville.........
Chattahoochee .......
Oakland.............
Madison.............
Davidson ...........
Rockledge...........



OFFICERS AND ATTACHES.
NAME. POST-OFFICE.
WM. MACWILLIAMS, Seciretary............................. Italia
W. I. VASON, Assistant Secretary ......................Tallahassee
J. V. BERRY, Stenographer............................Jacksonville
W. J. CONOLEY, Enrolling Clerk................... ..Tampa
J. D. WEST, Engrossing Clerk............................Marianna
JOHN G. WARD, Recording Clerk.............. ...........Milton
M. F. PAPY, Sargeant-at-Arms....................... Tallahassee
M. B. COLSON, Doorkeeper............................... Trenton
WM. THOMAS, Messenger..................... ....... Crawfordville
R. F. SPILLER, Page ...............................Tallahassee
RICHARD EDWARDS, Janitor ........................Tallahassee



Nassau..... .
Suwannee... .'
Hamilton ....
Marion....... /
Jefferson .....
Levy.........,
Putnam .......
Volusia .......
Bradford......
Lafayette.....
Clay........
Walton ......
Santa Rosa...,
Sumter........
Hillsborough. -
Escambia ....
Hernando....
Alachua ......
Washington....,
Jackson .....
Liberty .......
Franklin.....-
Monroe ......-
Leon .........
Columbia ....
Duval ........
Gadsden .....
Orange ......
Madison..... .
Manatee.....
Brevard-;...,










MEMBERS OF THE LEGISLATURE.



.A"SSElBTIi3LY_

NAME. POST-OFFICE. COUNTY.

ROBT. W. DAVIS, Speaker... Green Cove Spring... Clay...........
E. J. ALEXANDER........ Madison............ Madison ........
H. SEAGRAVE ADAMS...... Oak Hill............. Volusia .......
WM. L. ALTMAN........... White Springs........ Hamilton .....
R. W. ASHMORE............ Sopchoppy ......... Wakulla ......
W. J. BRACK................ Kissimmee .......... Brevard-, ...
E. H. BREWER.............. Archer........... Levy........
J. W. BRYANT ............ Lakeland .......... Polk ..........
W. A. BYRD ............... Monticello........... Jefferson .......
R. McS. BYRNE.............. Fort Mason.......... Orange .......
N. A. CARTER ............. Fort Dade............ Hernando.....
T. P. CHAIRES............ Old Town........... Lafayette......
J. N. CLINTON ............ Gainesville ......... Alachua ......
D. NEWMAN CONE......... Benton.............. Columbia......
Z. T. CRAWFORD........... Pine Level.......... Manatee.......
JOHN CROFT................. Lake Butler......... Bradford.......
J. D. EMMONS.............. William's Station..... Escambia......
J. W. EWAN .............. Miami, via Key West. Dade. .........
FERNANDO FIGUEREDO... Key West. ......... Monroe.........
THOS. JEFFERSON FOREST Waldo............... Alachua.......
S. W. FRAZIER............ Tallahassee ......... Leon .........
B. C. GIBBES .............. Monticello .......... Jefferson.......
T. V. GIBBS................ Jacksonville ........ Duval.........
H. L. GRADY ................ Apalachicola ....'..... Franklin.......
WM. F. GREEN..... ....... Sterling.............. Holmes.......
OTTO GUDENRATH......... Florence............ St. Johns......
W. P. HEAD ............... Plant City........... Hillsborough...
JOSEPH HICKS............. Georgetown........ Putnam......
WILLIAM HIMES........... Webster............ Sumter........
N. C. HERNDON ............ Sanderson ......... Baker.........
W. F. HUGHEY.............. Madison ............ Madison.......
WM. JAMES............... Jacksonville......... Duval........
J. R. KELLY................ Perry............... Taylor.......
B. F. KIRK................. Brooksville.......... Hernando......
G. W. LYLE................ San Mateo............. Putnam.......
JAMES McCASLIN.......... Joella............... Alachua.......
J. A. McLEAN .............. Eucheeanna ......... Walton.......
A. J. McLEOD.............. Live Oak ............ Suwannee.....
C. D. MONROE............. Freeport ............ Walton.......
W. C. MIDDLETON.......... Moultrie............ St. Johns......
D. W. MILLER.............. Concord.............. Gadsden.......
H. E. MILLER............... Ocala .............. Marion.......
W. W. MILLER............. Vernon............... Washington...
J. F. NIBLACK............. Mikesville ........... Columbia......
A. B. OSGOOD................ Madison ........... Madison......
W. B. OWEN............... Jacksonville ........ Duval.........
ED. OWENS................. Quincy.............. Gadsden.......
S. T. OVERSTREET.......... Live Oak ............ Suwannee.....



IV











MEMBERS OF THE LEGISLATURE.



NAME.



POST-OFFICE.



COUNTY.



B. H. PALMER..............
"W. L. PEEPLES.............
J. P. PERKINS..............
C. J. PERRENOT............
J. L. POWELL...............
SAM'L QUINCY.............
J. N. RICHARDS.............
J. A. ROBINSON.............
R. E. ROBINSON ...........
B. M. ROBINSON............
BENJ. RUSH...............
J. C. SMYTHE..............
C. SNEED.................
A. W. SNIDER............
L. E. SNOW..................
M. J. SOLOMON..............
J. M. TATE.................
J. S. TAYLOR..............
W. W. TUMBLIN............
D. S. WALKER, JR...... ..
R. W. WASHINGTON........
E. C. WEEKS...............
G. W. WETMORE............
A. C. WHITE...............
W. A. WILKERSON..........
JOHN WILKINSON..........
J. WILKINSON, JR ..........
J. E. YONGE...............



Lake City............
Belmont.............
Fort Myers...........
M ilton...............
Marianna ............
Levyville.............
Wewahitchka ........
Greenwood...........
Fernandina..........
Sanford .............
Gainesville...........
Aucilla...............
Tallahassee..........
Mt. Pleasant.........
Wildwood...........
Bristol ...............
Powelton.............
Clear Water Harbor..
Starke..............
Tallahassee..........
Monticello ...........
Tallahassee............
Jacksonville .........
Sneeds...............
Flemington..........
Fernandina...........
Otahite..............
Pensacola ............



Columbia.....
Hamilton .....
Monroe .......
Santa Rosa...
Jackson......
Levy...... .
Calhoun......
Jackson......,
Nassau .......--
Orange ........
Alachua...... -
Jefferson.....
Leon........
Gadsden......
Sumter.......
Liberty.......
Escambia ....
Hillsborough..
Bradford .....
Leon.........
Jefferson.....\
Leon ........\
Duval.......
Jackson........
Marion........
Nassau.......\
Santa Rosa....
Escambia ....



OFFICERS AND ATTACHES.

NAME. POST-OFFICE.
WM. H. REYNOLDS, Chief Clerk ...................Lakeland, Polk
D. G. McLEOD, Assistant Clerk................Eucheeanna, Walton
JAS. G. GIBBES, Reading Clerk............... ... Quincy, Gadsden
GEO. H. STEWART, Enrolling Clerk.........Ferry Pass, Escambia
H. R. STOY, Engrossing Clerk ................ Lake City, Columbia
JNO. R. SWINGLEY, Recording Clerk........ Tampa, Hillsborough
J. R. MOZLEY, Sergeant-at-Arms .............Greenwood, Jackson
J. J. THOMPSON, Assistant Sergeant-at-Arms.. Gainesville, Alachua
GLOVER W. MILLER, Page .......................Ocala, Marion
H. J. ROBINSON, Pae ....................... Greenwood, Jackson
J. H. SMITH, Messenger...... .............. Campbellton, Jackson
T. J. PEAVY, Messenger .......................Concord, Gadsden
GEORGE DICE, Janitor .....................Mosley Hall, Madison
BROCK FLOYD, Janitor.........................Tyner, Hamilton
G. W. HINSEY, Doorkeeper............... Apalachicola, Franklin



V






















EXECUTIVE DEPARTMENT.



Governor ....................E. A. PERRY ............. Tallalhassee
Lieutenant-Governor........M. H. MABRY .............. Leesbury
President pro tem. Senate... .. G. SPEER..... ............ Oakland
Secretary of State............J. L. CRAWF()RI)......... Tallahassee
Comptroller.................W. D. BARNES............T.all;ahascee
Treasurer ...................E. S. CRILL ................ Tallahassee
Attorney-General ............C. 31. COOPER ............. Tallahassee
Com. Lands and Innigrat'n.C. L. MITCIIELI ...........Tallahassee
Sup't Public Instruction.... A. J. RUSSELL.............Tallalhassee
Adjutant-General ........... DAVID LANG.............. Tallaha.see

















CONTENTS.


STATUTES.
No. ChApter. Titles. Page.
1 3556 An Act to amend sections forty-five and forty-six
of an act entitled an act for the assessment and
collection of revenue, approved March 5, 1883.....
2 3557 An Act to amend section one of an act entitled an
act to amend and supplementary to an act entitled
an act to provide for the more efficient collection
of the revenue, approved February 17th, 1874.... :
3 3558 An Act to provide for the assessment and collection
of taxes on railroads and the properties thereof
for the years 1879, 1880 and 1881, as to which there
was no assessment ............................... 4
4 3559 An Act to enforce the assessment and collection of
taxes on certain lands granted to the St. Jolhns
Railway C'.i.qI[ II ............................... 5
5 3560 An Act in relation to the apportionment of the one
mill State tax for school purposes ...............
6 3561 An Act providing for the levy of taxes for the
years 1885 and 1886.............................. I
7 3502 An Act to repeal Chapter three hundred and fifty,
Laws of Florida, entitled an act in relation to the
duties of the Comptroller and Treasurer of this
State, approved January 24, 1851 ................
8 3563 An Act to prescribe the duties of the Treasurer of
this State ....................................
9 3501 An Act to provide for the issue of bonds in exchange
for the bonds of the State of Florida, belonging to
the Common School Funds and Seminary Fund
and Agricultural College Fund of this State ......
10 3565 An Act to amend an act entitled an act relating to the
indebtedness of the State, approved February 21st.
1873 .......................... .... ............. 0
11 3500 An Act to require the Comptroller to audit and al-
low certain accounts and to require the Treasurer
to pay the same ................................ 1(1










CONTENTS.



jNo. Chapter.



Titles.



Page.



12 3567 An Act to supply deficiencies in the appropriations
for the year 1884 ...............................
13 3568 An Act making appropriations for the years 1885 and
1886.......................................... .
14 3569 An Act to complete the exhibit of the State of Flor-
ida at the World's Industrial and Cotton Centen-
nial Exposition now being held at New Orleans...
15 3570 An Act to provide an annuity for disabled soldiers
and sailors of the State of Florida...............
16 3571 An Act to provide for the taking of the census of
the State of Florida in the year 1885.............
17 3572 An Act making appropriation to the Florida Agricul-
tural College ...................................
18 3573 Ap Act making appropriation for and extending the
provisions of Chapter 3447, an act approved March
5th, 1883......................... .............
19 3574 An Act making appropriation for and extending the
provisions of Chapter 3448, an act to provide for
Normal Instruction, approved March 5, 1883......
20 3575 An Act to defray the expenses of the State Conven-
tion that meets in June, A. D. 1885.............
21 3576 An Act to fix the pay of the members, officers and
attaches of the Legislature of 1885..............
22 3577 An Act calling a Constitutional Convention and pro-
viding for electing delegates to same.............
23 3578 An Act to provide for the management of the State
Asylum for the Indigent Lunatics...............
24 3579 An Act authorizing the employment of Stenograph-
eis in the several Circuit Courts of this State.....
25 3580 An Act to amend an act entitled an act to provide for
the relinquishment of the dower of insane married
women, approved February 16th, A. D. 1883......
26 3581 An Act to increase the Jurisdiction of Circuit Courts
in suits for Alimony ............................
27 3582 An Act to allow parties to testify in cases of divorce
or Alim ony................... .................
28 3583 An Act to regulate the practice of the Circuit Court
providing for a non-suit with a bill of exceptions in
certain cases ........................ ............
29 3584 An Act to provide for a bill of exceptions from



VIII



11

11


13

14

15

17


18


18

19

19

20

21

22


22

24

24


25













No. Chapter. Titles. Page.
Courts of Justice of the Peace and County Courts
to the Circuit Court............................ 25
30 3585 An Act prescribing the number of jurors in cases of
forcible entry and unlawful detainer in the County
Court .......................................... 25
31 3586 An Act to prescribe the manner of foreclosing mort-
gages and enforcing liens upon personal property
where the debt or demand secured does not exceed
one hundred dollars ........................... 26
32 3587 An Act to provide for the payment of jurors and
witnesses in criminal cases tried before Justices of
the Peace ....................................... 26
33 3588 An Act to secure the attendance and pay of witnesses
for the defence in criminal cases ................ 27
34 3589 An Act to provide for service of non-resident de-
fendants and others in certain Chancery causes.... 27
35 3590 An Act to make service upon railroads and other
corporations and companies therein mentioned.... 28
36 3591 An Act to provide for the introduction in evidence of
conveyances and certified copies of conveyances
acknowledged or proved and recorded ........... 29
37 3592 An Act to determine the priority of deeds and other
instruments of record of this State............... 29
38 3593 An Act to authorize the Clerks of the Circuit Courts
in this State to appoint deputies in their own pre-
cincts as registration officers...:................. 29
39 3594 An Act to provide a general law for the adoption of
children ...................................... 30
40 3595 An Act to authorize railroad and canal companies
incorporated under any law of this State to con-
demn lands owned by private individuals or cor-
porations for the use of such railroads or canal
companies, and to provide a method of procedure
therefore ........................................ 31
41 3596 An Act to regulate the admission of foreign and do-
mestic surety companies to do business in this
State ....................................... 35
42 3597 An Act to facilitate the giving of bond required by
law .............. ................ ............. 39
43 3598 An Act fixing the price at which certain public docu-
ments therein named shall be sold ............... 40



CONTENTS.



IX











X CONTENTS.

VNo. Chapter. Titles. Page.
44 3599 An Act to fix legal hours of sale................... 40
45 3600 An Act to designate the terms of the Circuit Court of
the Fifth Judicial Circuit of Florida.............. 40
46 3601 An Act to change the time of holding the Circuit
Court in the Sixth Judicial Circuit............... 41
47 3602 An Act to amend Section 3 of Chapter 3306, Laws of
Florida, approved March 8th, A.D. 1881, being an act
entitled an act to have Harbor Masters of this State
appointed by the Governor ...................... 42
48 3603 An Act to provide for the appointment of Boards of
Health in and for the several counties of the State
of Florida and to define their powers............. 43
49 3604 An Act to amend an act approved March 5th, 1883,
entitled an act to amend section three of an act to
amend an act entitled an act to provide for the in-
corporation of cities and towns and to establish a
uniform system of municipal government in this
State, approved February 4th, 1869, and the acts
amendatory thereof, and to further provide for the
organization and government of cities, approved
March 4th, 1879...................... .... ...... 45
50 3605 An Act to provide for the levying of a tax by cities
and towns for water works and fire protection..... 45
51 3606 An Act to dissolve municipal corporations under cir-
cumstances therein stated, and to provide provis-
ional governments for the same.................. 40
52 3607 An Act to amend section 9 of an act to dissolve mu-
nicipal corporations under circumstances therein
stated, and to provide provisional government for
the same, approved January 28th, 1885, and to re-
peal the 8th section of that act................ 49
53 3608 An Act to amend section two (2) of an act entitled
an act to provide for the relief of the city of Pensa-
cola.. .......................................... 50
54 8609 An Act to prevent excessive rates of tariff over any
telegraph or cable company within the State of
Florida....................................... 52
55 3610 An Act to require carriers in this State to receive,
convey and deliver freight as agreed upon with
shippers....................................... 52
56 3611 An Act to protect mechanics, laborers and material













No. Chapter. Titles. Page.
men, and to provide for the summary collection of
moneys due them for wages or materials fur-
nished............................. .......... 53
57 3612 An Act to give to laborers engaged in loading or un-
loading vessels, ships or other water craft in this
State a first lien on such vessels, ships or other wa-
ter craft for the wages earned by them in loading
or unloading the same ........................... 56
58 3613 An Act regulating the sale of beef under circumstan-
ces therein provided for......................... 57
59 3614 An Act to define what are food fishes and for the fur-
ther protection of the same....................... 58
60 3615 An Act for the protection of oysters ............... 58
61 3616 An Act to fix the liability of owners or operators of
log drives or ditches in certain cases............. 59
62 3617 An Act to prohibit the indiscriminate digging of holes
in the w oods .................................... 59
63 3618 An Act for the protection of the keepers of livery,
sale and feed stables ............................ 60
64 3619 An Act to declare what shall be a lawful fence or en-
closure to lands owned by any one................ 60
65 3620 An Act to provide a punishment for carrying con-
cealed weapons and for the trial of such offence,
giving the Circuit Court jurisdiction of the same.. 61
66 3621 An Act to amend section fifty-one of Sub-chapter
four of an act entitled an act to provide for the
punishment of crime and proceedings in criminal
cases, approved August 6, 1868 .................. 62
67 3622 An Act to repeal an act entitled an act fixing a pun-
ishment for horse stealing, approved December 13,
1866 ............................................ 63
68 3623 An Act to make the stealing of certain domestic ani-.
mals therein mentioned a felony and to provide for
the punishment thereof.......................... 63
69 3624 An Act to permanently locate the boundary line be-
tween the counties of Liberty and Franklin in
this State ....................................... 63
70 3625 An Act to amend an act to define the boundary line
between the counties of Lafayette and Taylor, in
this State, Chapter 3470, approved January 31, 1883. 64



XI



CONTENTS.











XII CONTENTS.

.No. Chapter. Titles. Page.
71 3626 An Act to define the incorporate boundaries of the
town of Green Cove Springs..................... 64
72 3627 An Act to fix the boundary lines of the town of Bar-
tow and to legalize the town government of the
same .................................. ......... 65
73 3628 An Act declaring the town of Orlando, incorporated
under the laws of this State, an incorporated city
under the laws of this State .................... 66
S74 3629 An Act to legalize the city government of Ocala, Flor-
ida, to fix the corporate limits and provide a com-
mon seal therefore ............................. 66
75) 3630 An Act to legalize the corporation of the town of
Sumterville and fix the boundaries thereof........ 67
76 3631 An Act to legalize the incorporation of the town of
DeLand, in the county of Volusia, and to declare
the incorporation of the town of DeLand valid and
of full force and effect ......................... 68
77 3632 An Act to legalize the incorporation of the town of
Kissimmee City, in the county of Orange, and to
declare the incorporation of the town of Kissimmee
City valid and of full force and effect............. 68
78 3633 An Act to legalize the incorporation of the town of
Brooksville, in the county of Hernando, and to de-
clare the incorporation of the town of Brooksville
valid and of full force and effect .................. 69
79 3634 An Act to legalize the incorporation of the town of
Enterprise, in the county of Volusia, and to declare
the incorporation of Enterprise valid and of full
force and effect.................. ............... 69
80 3635 An Act to legalize the incorporation of the town of
Micanopy, in the county of Alachua, in the State
of Florida, and to declare the incorporation of the
town of Micanopy, Alachua county, Florida, valid
and of full force and effect ...................... 70
81 3636 An Act to legalize the incorporation of the town of
Crescent City, in the county of Putnam, and to de-
clare the incorporation of the town of Crescent
City valid and of full force and effect ............ 70
82 3637 An Act to legalize the incorporation of the town of
Chipley, in the County of Washington, and to de-
clare the incorporation of the town of Chipley val-













No. Chapter. Titles. Page.
id and of full force and effect, and to define the
territory to be embraced in said incorporated town. 7T
83 3638 An Act to provide for the incorporation of the settle-
ment of Bellevue, in Marion county, Florida, to al-
low certain persons to vote upon incorporation and
all questions relating to said town or city govern-
m ent ............... ...... ....... .... .. 71
84 3639 An Act authorizing the Governor to appoint a com-
mittee to investigate and ascertain what quantity
of land and the number of acres the Atlantic and
Gulf Canal and Okeechobee Land Company has re-
claimed for the State and other purposes.......... 72
85 3640 An Act to confirm the organization of the Jackson-
ville and Atlantic Railroad Company and enlarge
its corporate powers ........................... 73
80 3641 An Act to grant lands to the Florida Coast Line
Canal and Transportation Company to make up
deficiencies along its present and proposed exten-
ded line and for the establishment of telegraph and
telephone lines ................................. 75
87 3642 An Act to amend sections 2, 7 and 8 of an act entitled
an act to incorporate the Sevelle and Halifax River
Railroad Company, approved March 5th, 1883 .... 77
88 3643 An Act to amend section four (4) of an act entitled
an act granting aid for the construction of the
Thomasville, Tallahassee and Gulf Railroad........ 78
89 3644 An Act to continue and extend the charter of the
Green Cove Springs and Melrose Railroad Com-
pany and to preserve and extend its land grants.. 78
90 3645 An Act to amend sections 4, 5 and 6 of an act entitled
an act to confirm the organization of the Jackson-
ville, St. Augustine and Halifax River Railway
Company and to grant certain ferry privileges and.
lands to said company, approved February 28th,
1881 ................ ............................ 79
91 3646 An Act to amend secton 6 of Chapter 3332, being an
act to incorporate the Orange Ridge, DeLand and
Atlantic Railroad Company and to extend its
corporate powers ............................... 81
92 3647 An Act to amend section one of an act entitled an
act to incorporate the Atlantic and Mexican Gulf



CONTENTS.



XIII









XIV CONTENTS.

No. Chapter. Titles. Page.
Canal Company' and to grant certain privileges
therein named, approved March 1st, 1883 ........ 82
93 3648 An Act to continue the rights, privileges, powers
and franchises and grants of the Florida Midland
and Georgia Railroad Company, and to extend the
time of the completion of the same............... 83
94 3649 An Act to amend section six of an act entitled an act
Sto grant certain lands to the Silver Springs, Ocala
and Gulf Railroad Company .............. :.... 83
93 3650 An Act to indemnify the St. Johns and Halifax Rail-
road Company .................................. 84
96 3651 An Act to incorporate the Apalachicola and Alabama
Railroad Company, and to grant certain lands to
the same........................................ 85
97 3652 An Act to incorporate the Florida Midlaud Railway
Company. ..................................... 90
98 3653 An Act to incorporate the Santa Fe and St. Johns
Railway Company, and to grant certain lands to
the same........................................ 95
99 3654 An Act to incorporate the Chattahoochee and Ala-
bama Railroad, and aid in the construction thereof 100
100 3655 An Act to incorporate the Live Oak and White
Springs Railroad................................ 103
101 3656 An Act to incorporate the Wildwood, Lady Lake,
Withlacoochee and Gulf Railway Company......... 10(
102 8657 An Act to incorporate the Tampa Street Railway
Company...................................... 109
103 3658 An Act to incorporate the Key West Street Car Com-
pany ............ ... ......................... 111
104 3659 An Act to incorporate the Kissimmee City Street
Railway Company.............................. 112
105 3660 An Act to amend Chapter 1910, Laws of Florida,
being an act entitled an act to incorporate Brown's
Theological Institute ........................... 113
106 3661 An Act for the incorporation of Presbyteries of the
State of Florida ................................ 114
107 3662 An Act to create a body corporate and politic under
the name and style of The Trustees of the Preach-
ers' Relief Fund of the Florida Conference of the
Methodist Episcopal Church, South............... 115
108 3663 An Act recognizing the University of Florida......./ 116









CONTENTS.



XV



No. Chapter. Titles. Page.
109 3664 An Act to incorporate the East Florida Seminary Li-
brary Association .............................. 116
110 3665 An Act to incorporate the Florida Chautauqua Asso-
ciation............................. ...... ...... 117
111 3666 An Act to incorporate the Citizens' Hotel Company. 119
112 3667 An Act to incorporate the Gulf Ice Company....... 121
113 3668 An Act to incorporate the Lake de Funiak Land
Company....................................... 123
114 3669 An Act to incorporate the Winter Park Company, and
to grant certain privileges to the same............ 126
115 3670 An Act to grant certain privileges to the Manatee
Dry Dock Company ............................ 130
116 3671 An Act to grant certain privileges to D. W. Meeker
and his associates .............................. 131
117 3672 An Act to make Alafia river, in Hillsborough county,
a navigable stream............................. 132
118 3673 An Act for the relief of Charles Anderson, of Marion
county .................. ....................... 132
119 3674 An Act for the relief of R. F. Hosford, of Liberty
county, Florida .............. .................. 132
120 3675 An Act for the relief of Henry W. Long, administra-
tor of the estate of Thomas Barco, deceased, of
Marion county, Florida........................... 133
121 3676 An Act for the relief of Mrs. Sarah Cooper, wife of
J. T. Cooper, deceased, of Hamilton county, Flor-
ida ......................................... 133
122 3677 An Act for the relief of Moses J. Brown, Collector of
Revenue for Duval county ....................... 134
123 3678 An Act to authorize Frankie M. Simonton, of Marion
county, to take charge of and manage his own es-
tate ............................. .............. 135
124 3679 An Act to make Maria de los Santos the legitimate
child and heir of Nicholas Prieto................. 135
125 3680 An Act to make Rufina and Francisco Dolores legiti-
mate children and heirs of Francisco -Marrero and
his wife Henrietta .............................. 136










XVI CONTENTS.

No. Chapter. Titles. ltgc.
RESOLUTIONS.
1 A JOINT RESOLUTION asking that a mail route be es-
tablished, to run twice a week, from Key West, State
of Florida, to Nassau, New Providence............ 137
2 A RESOLUTION asking the Postmaster General to estab-
lish a certain mail route from Fort Meade, Polk
county, to Boney, on the Kissimmee river........... 137


MEMORIALS.
1 A MEMORIAL to Congress for mail route............... 138
2 A MEMORIAL for an increase of mail service between
Tampa and Key West............................... 138
3 MEMORIAL to Congress asking for an appropriation to
erect a government building in the city of Talla-
hassee.......................................... 139
4 A MEMORIAL to the Congressional delegation represent-
ing State of Florida in the. upper and lower houses
of our National Legislature......................... 139
















LAWS OF THE STATE OF FLORIDA,

ADOPTED BY THE LEGISLATURE OF FLORIDA,

AT ITS THIRTEENTH SESSION, 1885,
UNDER THE CONSTITUTION OF A. D. 1868.



CHAPTER 3556-[No. 1.]
AN ACT to Amend Sections Forty-five and Forty-six of an act En-
titled an act for the Assessment and Collection of Revenue, approved
March 5, 1883.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That section
forty-five of an act-for the assessment and collection of reve-
nue, approved March 5, 1883, be amended so as to read as fol-
lows:
Section 45. That the President and Secretary or Superintend-
ent or Manager of any railroad company, whose track or road-
bed or any part thereof is in this State, shall annually on or be-
fore the first Monday in May, return to the Comptroller of the Railroad r-
State under their oaths, the total length of such railroad, the turns and tax
total length and value of such roads or lines including rights of action of.
way, road-bed, side track and main track, in this State, and the
total length and value thereof in each county, city or incorpor-
ated town in this State, as of the first day of March; they
shall also make return of the number and value of all their
locomotive engines, passenger, freight, platform, construction
and other cars and appurtenances; Provided, That when the
Comptroller shall have cause to believe that any return so
made does not give a complete and correct value of such rail-
road and property, the Comptroller, with the assistance and
advice of the Attorney-General and Treasurer of the State,
shall have power to assess the same from the best information
they can obtain and the value thereof shall be apportioned by
the Comptroller, pro rata, to each mile of main track, and the
Comptroller shall notify the Assessor of each county through
which such railroad rmus, of the number of miles of track and
the value thereof, and the proportionate value of personal












1885 property taxable in their respective counties, and to such values
thus apportioned the Assessor shall add the value of all other
real property, together with all fixtures, machinery, tools and
other property within their respective counties; and upon the
value thus ascertained taxes [shall] be assessed the same as upon
the property of individuals. That every telegraph line in this
ele'graphines, State, and its properties, rights and franchises of every kind in
md sale of. this State shall be returned and assessed in the same manner
as is provided by this act for the assessment of railroads, and
in case of failure to pay the tax so assessed, the entire line of
telegraph in this State, with all its properties, rights and fran-
chises, or any property belonging to the same company, person
or persons, may be sold in the same manner as is provided for the
sale of a railroad or any of its properties upon which any tax
shall be due and not paid.
SEC. 2. That section forty-six of said act be amended so as
to read as follows:
Section 46. That if any railroad company shall be in the hands
of a receiver or other officer, such receiver or other officer shall
make the returns required by this act, and should any railroad
company or its officer fail to make the returns required by this
Elailroads in act, to the Comptroller on or before the first Monday in May,
lands of Re-
eiver, &c. annually, the Comptroller, with the assistance and advice of
the Attorney-General and Treasurer of the State, shall proceed
to ascertain the values herein required from the best informa-
tion they can obtain and apportion the same among the several
counties, cities and incorporated towns through which such
road runs in the manner hereinbefore provided. If the taxes
Sale ofrailroads due on any railroad or any part thereof in this State shall not
for3taxes. be paid on or before the 31st day of January in any year, the
Collector of Revenue of each county where any such taxes may
be due, shall send a certificate of the amount thereof to the
Comptroller, including in said certificate the amount of State
and county taxes. The Comptroller shall have [the] power on
the receipt of the certificate or certificates from the collectors
as aforesaid to issue a warrant directed to the Sheriff of any
county where such defaulting railroad or part thereof may be
located, commanding him to collect by levy and sale in the
same manner as now provided by law for the sale of property
under executions from the circuit court, of the shop, fixtures,
rolling stocks, or any part thereof, or of the entire road or such
part thereof as may be located in this State, the full amount of
taxes due thereon, including the costs and expenses of sale, and
the proceeds of such sale, after deducting fees and costs as pro-
vided by law shall be forwarded by such Sheriff to the Comp-
troller, to be divided by him among the counties where such



2



LAWS OF FLORIDA.












taxes may be due according to the assessment; and the surplus 1885
after such division, if any, shall be paid over to the authorities --
of such defaulting railroad. The fees of the Sheriff in the Fees ofsheriff.
execution of the warrant provided for in this section shall be
the same as now provided by law in the case of executions
from the circuit court, which fees, together with the costs, shall,
be included with the taxes in the amount to be collected from
the defaulting railroad; Provided, further, That whenever any
person or persons shall become the purchaser of any car, Co. re-
engine, or other rolling stock of any such company or corpora- quired to trans-
tion at any such sale, such purchaser shall have the right to port rolling
stockpur-
require of any such company or corporation, the transportation chased.
of any such car, engine or other rolling stock to any point
along its line of road at a cost not to exceed eight cents per Sahi totake
mile; Provided, further, That the Sheriff shall take corporal session of and
possession of the property levied on under this section, and on chaser.to p
selling the same or any part thereof shall deliver it into the
actual possession of the purchaser, upon his paying the amount comptroller to
bid therefore at such sale, and in case no person shall bid the dr the
amount of taxes due, including the costs and expenses of sale,
the property shall be bid off by the Comptroller for the State, Comptroller
and Governor
and shall be delivered to the Comptroller, and the Governor to dispose of
and Comptroller shall dispose of, sell and convey the same in perty bid off
such manner as in their judgment may be to the interest of the state.
State. The provisions of this section, in so far as they relate Provsions to
to the sales of railroads for unpaid taxes, shall apply to all takes hereto-
taxes assessed heretofore or that may be hereafter assessed. re ras essea
Approved February 12, 1885.



CHAPTER 3557-[No. 2.]
AN ACT to amend Section One of an act Entitled an act to amend
and Supplementary to an act Entitled an act to Provide for the more
Efficient Collection of the Revenue, approved February 17, 1874.
The People of the State of Florida, represented in Senate
and Assembly, do enact -as follows: SECTION 1. That section
one of the act entitled an act to amend and supplementary to
an act entitled an act to provide for the more efficient collec-
tion of the revenue, approved February 17th, 1874, be and the
same is hereby amended so as to read as follows: Every Col-
lector of Revenue shall before entering upon the duties of his Collector to
office give bond with two or more sureties in a sum equal tove
two-thirds of the entire amount of the State and county taxes



LAWS OF FLORIDA.



3











1885 levied for the year preceding the year in which the bond is re-
quired to be given. But in no case shall a bond be required
Amount of and to exceed thirty thousand dollars, which bond shall be ap-
proved by the County Commissioners of the county for which
such Collector is appointed, and also by the Attorney-General
and Comptroller of the State, and shall be filed in the Comp-
troller's office, and such bond shall be held as security for the
collection of all taxes, both State and county, and shall be
given for the full term of the Collector's appointment; each
surety to justi- surety shall justify upon said bond to the amount for which he
f. binds himself setting forth that he is worththe sum for which
he has obligated in property in the State of Florida, subject
to execution over and above all liabilities and exemptions of
law, and the aggregate amount for which the sureties justify
shall equal the amount of the penalty of the bond.
Approved February 12, 1885.



CHAPTER 3558-[No. 3.]
AN ACT to provide for the Assessment and Collection of Taxes on Rail-
roads, and the Properties thereof for the years 1879, 1880 and 1881, as to
which there was no Assessment.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That in all
'omptro'ler to cases in which any railroad or the properties thereto belonging
axes for 1879, or appertaining in this State, in the tax years commencing
aelse1ssed. to March 1st, 1879, 1880 and 1881, or any of such years, were not
assessed for taxes for such years, it shall be the duty of the
Comptroller to cause the same or so much thereof as were not
assessed to be assessed for State and county taxes, and
Twenty per twenty per centum of the taxes so assessed for said years and
taxesto bec now unpaid shall be collected at the same time the taxes for
elected yearly, the year 1885. shall be assessed and collected, and each year
thereafter an additional twenty per centum of said taxes shall
be collected, at the same time and in the same manner as the
taxes for such year are collected, until the whole amount of
said unpaid taxes for the years 1879, 1880 and 1881 are paid.
The taxes to be assessed under this act shall be the same in
amount as they would have been had they been assessed in
such years or any of them as to which there was a failure to
assess.
Approved February 12,1885.



4



LAWS OF FLORIDA.












1885
CHAPTER 3559-[No. 4.]

AN ACT to Enforce the Assessment apd Collection of Taxes on Cer-
tain Lands Granted to the St. Johns Railway Company.

The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. It is hereby de- t. Jons Rail-
dared that the lands granted to the St. Johns Railway Corn- lands subject to
assessment and
pany, by the thirteenth section of an act entitled an act to in- taxation.
corporate a company, and to facilitate the construction and
equipment of a railroad from the St. Johns river to St. Augus-
tine, under the style of the St. Johns Railway Company, ap-
proved December 31, 1858, are subject to the same rate of as-
sessment and taxation as other lands in the same location.
SEC. 2. That it shall be the duty of the proper officers to as- Properoffcer
sess and collect taxes upon and out of said lands at the same to assess and
rate of taxation as upon other lands in the same locations, and collect such
in the manner which is or may be prescribed by law for the as-
sessment and collection of taxes upon lands of a like charac-
ter.
SEl'3. Nothing in this act shall be construed to subject to
taxation any of said lands, the title to which may have passed Lands granted
from said railway company to any public, religious, charitable to charitable
or like institution, and which are exempt by law from taxation, sbe exemt from
nor shall anything herein contained be construed to vest in taxation.
said railway company, its successors or assigns any greater in-
terest or estate in said lands than that acquired by said rail-
way company before the passage of this act; nor shall any-
thing herein be construed in any way to limit the power of
the Legislature hereafter to regulate the assessment and taxa-
tion of said lands.
SEC. 4. That all laws and parts of laws in conflict with this Repeal.
act are hereby repealed.
Approved February 16, 1885.



CHAPTER 3560-[No. 5.]
AN ACT in Relation to the Apportionment of the One Mill State Tax .
for School Purposes.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That.the Duties o Col
Collectors of Revenue in the several counties in this State are ectors ae to
hereby directed to pay over to the County Treasurers of the Tax.ho
hereby directed to pay over to the County Treasurers of the Tax.



LAWS OF FLORIDA.



5











1885 several counties of this State all monies collected on account
of the one mill State tax for the support of the common
schools.
SEC. 2. That the County Treasurers of the several counties
Duties of of this State be required to disburse all funds paid into the
County Trea-
surer. County Treasury on account of the one mill State tax as other
school funds for school purposes are disbursed.
SEc. 3. That all laws and parts of laws in conflict with this
Repeal, act be and the same are hereby repealed.
Became a law without the signature of the Governor, February 22, 1885.



CHAPTER 3561-[No. 6.]
AN ACT Providing for the Levy of Taxes for the Years 1885 and 1886.
The People of the State of Florida, represented in Senate
Levy for 1885 and Assembly, do enact as follows: SECTION 1. For the pur-
and 1886. pose of securing an equal and uniform rate of taxation and to
pay the appropriations for the current expenses of the State
for the years 1885 and 1886, and for the General School Fund,
and for the interest on the bonded debt for said years, there
shall be levied upon the real and personal property of the differ-
ent counties for the year 1885, a tax of four mills upon the
dollar, and for the year 1886, a tax of four mills upon the dol-
lar; Provided, That if the Governor shall discover from the
Governor au- aggregate assessment of the property of the State and from
thorized to
make reduc- other sources of revenue the reduction of the four mills State
tion. tax of either or both of said years will be justified, he is here-
by authorized to reduce the same as low as he may deem ad-
visable, and he is hereby empowered to instruct the Collectors
of Revenue to collect only such reduced tax as he may fix as
aforesaid.
SEC, 2. The Board of County Commissioners of every
county, at their meeting for correcting and reviewing the
pvrpounts y county assessment, shall immediately thereafter ascertain and
determine the amount of money to be raised by tax for county
purposes including the current expenses, interest on bonded
debt, bridges and county buildings, and to meet the expen-
ses they are hereby authorized to levy a tax of not more than
six mills on the dollar on the real and personal property of
the county, and every such determination and levy so made
Limited to six shall be entered at large upon the records of the Board of
mills. County Commissioners, and no county shall levy a greater



6



LAWS OF FLORIDA.











amount for any purpose than six mills for county purposes. 1885
and any indebtedness contracted by the County Commissioners
of any county in excess of the said amount, shall be null and
void, and no suit shall be prosecuted in any court in this State
for the collection of the same; Provided, That the County
Commissioners of each county shall levy a tax not to exceed Levy for school
five mills, nor less than two and a half mills on the dollar on
the real and personal property of the county, for county school
purposes, such tax to be estimated by the County School Board
and submitted to the Board of County Commissioners for their
approval or disapproval, and the County Commissioners shall
have power to increase or lower the estimate so made within the
above limits; Provided, further, That the County Commis- Limit as to
sioners of any county may levy an additional tax not to exceed outstanding in-
four mills per year to pay any outstanding indebtedness and debtedness.
interest thereon; Provided, That nothing in this act shall be
so construed as to prohibit any county wishing to erect a Court- ecial ta for
court house or
house or jail from levying the amount of special taxes now al- jail.
lowed by law for that purpose.
SEc. 3. That the levying of a tax for the raising of a Sink- sinking Fund
ing Fund for the ultimate redemption of the bonded debt of tax suspended.
the State is hereby suspended for the years 1885 and 1886.
SEc. 4. All laws and parts of laws in conflict with this act
are hereby repealed.
Approved February 12, 1885.


CHAPTER 3562-[No. 7.]
AN ACT to repeal Chapter three hundred and fifty, Laws of Florida,
entitled an Act in relation to the duties of the Comptroller and Treasurer
of this State. Approved January 24, 1851.
The People of the State of Florida, represented in Senate Repeal of cer
and Assembly, do enact as follows: SECTION 1. That chapter tain law rela-
three hundred and fifty of the Laws of Florida, entitled an act troler and
in relation to the duties of the Comptroller and Treasurer of Treasurer.
this State, be and the same is hereby repealed.
Approved February 4, 1885.

CHAPTER 3563-[No. 8.]
AN ACT to prescribe the duties of the Treasurer of this State.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. It shall be the publish ab-
duty of the Treasurer of this State to publish in a newspaper stratof Gen-
at the Capital during the first week in January of each year each year.



LAWS OF FLORIDA.



7











1885 an Abstract of General Revenue Account showing the aggregate
amount of receipts from each and all sources for the general
expenses of the government, and the aggregate amount of the
disbursements for each appropriation on the same account;
also the aggregate disbursements on account of the interest on
the public debt, during the preceding year, with a balance
sheet showing the condition of all the accounts and funds at
the end of the fiscal year.
SEC. 2. It shall be the duty of the Treasurer to make a re-
To report to port in detail to the Governor on the first day of January of
Govnr, n- each year of the transactions of his office for the preceding fis-
tions ofoffice. cal year, embracing an itemized statement of the receipts and
payments on account of each of the several funds of which he
has the care and custody, in addition to the statements required
by Section 1 of this act.
SSE. 3. The Treasurer shall exhibit to the Governor, on or
To exhibit to before the tenth day of each month, a trial balance sheet from
moth tate his books and a statement of all the credits, money or effects
ment ofai on hand on the day for which said trial balance sheet is made,
money, credits
and effects, &c. and said statement accompanying said trial balance sheet shall
particularly describe the exact character of funds or credits
and shall state in detail the amount in currency, coin, drafts,
checks, orders, receipts, bonds, coupons or other credit memo-
randa which he may have representing cash and not yet enter-
ed upon the books of his office, and such statement shall be
certified and signed by the Treasurer officially.
SEC. 4. It shall be the duty of the Treasurer to keep a
To keep rec- record of the warrants and coupons which he pays, which
ords of war-
rants and cou- record shall contain a description of the same and date of pay-
pons paid. ment and to whom such warrants were paid.
SEC. 5. It shall be the duty of the Treasurer to turn over to
To turn over to the Comptroller on the first days of January, April, July and
Cartmtrller October of each year, all vouchers for payments made by him
vouchers paid during the previous quarter, and the Comptroller shall credit
by him. his account with the amount thereof, giving him a certificate of
the date and amount of such credit.
Approved February 4, 1885.


CHAPTER 3564-[No. 9.]
AN ACT to Provide tor the Issue of Bonds in Exchange for the Bonds
of the State of Florida belonging to the Common School Fund, and
Seminary Fund, and Agricultural College Fund, of this State.
The People of the State of Florida, represented in Senate
and Assembly do enact as follows: SECTION 1. That the Gov-



LAWS OF FLORIDA.



8











ernor of this State be and is authorized to issue to the Cor- 1885
mon School Fund of this State, and to the East and West
Florida Seminary Fund, and to the Agricultural College Fund, oernioz a-
bonds of this State in exchange for bonds of the State held by sue certain
them, issued under the act of January 26, 1871, Chapter 1833, change or
Laws of Florida, entitled An act relating to the finances of bon"i nto
this State,' and the act of February 21st, 1873, Chapter 1937, SchooiFund,
Laws of Florida, entitled "An act relating to the indebtedness dse ina Fu
of this State," such bonds to be so issued to be of amount ral College
equal to the entire principal of the bonds for which they shall Fund.
be exchanged, and any such bond issued in exchange for bonds
of this State heretofore issued under the act of 1871, shall
bear interest at the same rate and the principal and interest
thereof shall be payable at the same time as the principal and Principal and
interest of the bonds for which it shall be exchanged, and any able at same
such bond issued in exchange for the bonds of this State here- rate and same
tofore issued under the act of 1873, shall bear interest at the bonds.
same rate, and the principal and interest thereof shall be pay-
able at the same time as the principal and interest of the bonds
for which it shall be exchanged, and no bonds to be issued
hereunder shall have coupons attached thereto.
SEC 2. Said bcnds to be so issued shall be signed, counter- How signed
and counter-
signed and attested in the same manner as the bonds for signed.
which they are exchanged, and each bond shall state upon its Shaltstate for
what bonds
face that it was issued in exchange for the bonds of 1871 or exchanged.
1873, as the case may be, and the amount thereof.
SEC. 3. Upon such exchange being made, it shall be the
duty of the Governor, Comptroller and Treasurer, in the pres- Governor,
Controller
enice of two other persons, to destroy by burning the bonds and treasurer
received in exchange for those to be issued hereunder, andto destroy old
they shall cause to be recorded in a book to be provided for
such purpose a list of the bonds and coupons thereto belong.- Tobkeep record
ing, so received in exchange, giving the number, amount and stroyed.
date of 'the maturity of the same, and below such list shall be
written a certificate stating how, when and where such bonds
and coupons were destroyed. which certificate shall be signed
by the Governor, Comptroller and Treasurer, and other two
persons; which book shall be placed in the custody of the
Treasurer and kept by him in the Treasurer's vault.
SEC. 4. That no more than one bond shall be issued to either One bond to
of said funds for all the bonds of any one of the above classes fund for each
held by it. All bonds issued hereunder shall have the same class ofbonds
validity and stand as an evidence of the indebtedness of the new bonds.
State on the bonds for which they shall be exchanged.
Approved February 16, 1885.



LAWS OF FLORIDA.



9











1885
CHAPTER 3565-[No. 10.]
AN ACT to amend an act entitled an act Relating to the Indebtedness
of the State, approved February 21st, 1873.
The People of the State of Florida, represented in Senate
Money collected and Assembly, do enact as follows: SECTION 1. That Section 8,
under special of Chapter 1937, Laws of Florida, entitled an act relating to
"fnd bt nin- the indebtedness of the State, approved February 21st, 1873,
vested in U. S. be and the same is hereby amended so as read as follows: It
securities, &c. shall be the duty of the Treasurer, with the advice of the
Comptroller, to cause the moneys collected under said special tax
for a sinking fund to be invested on or before the [first] day
of January and July in each year in United States securities,
at their market value, in the city of New York; or in the pur-
chase of bonds issued under this act, or in the bonds of other
States, at their market value. The interest arising from said
securities shall be annually re-invested in like securities or
bonds as aforesaid.
Approved February 12, 1885.



CHAPTER 3566-[No. 11.]
AN ACT to Require the Comptroller to Audit and Allow Certain Ac-
counts, and to Require the Treasurer to Pay the Same.
The People of the State of Florida, represented in Senate
Comptroller to and Assembly, do enact as follows: SECTION 1. That the Comp-
audit and Tre- troller of this State be and is hereby required to audit and
surer to ay
certain claims allow, and the Treasurer of this State is hereby required to
due for Indian
war. pay, upon warrant from the Comptroller, all amounts due vol-
unteer companies for services rendered the State of Florida
in the last Seminole Indian war, who have not received pay for
the same by attorney or otherwise.
SEC. 2. Provided that no warrants shall be drawn on such
When and account until the claims for said service have been passed upon
how warrant by the proper department at Washington; and no payment
shall be made for any of the service referred to above until
the same has been collected from the United States.
SEC. 3. Nothing in this act shall authorize the payment of
No claim to be any claims not reported upon favorably, and in the opinion of
paid unless re- the committee, by their report, should be paid by the Board
Favorably. of Commissioners appointed by the Governor of this State



10



LAWS OF FLORIDA.











under the act of March 11th, 1879, entitled an act to provide 1885
for the examination and settlement of claims against the
State of .Florida for services rendered during the last Seminole
Indian war, and for the settlement of claims of the State of
Florida against the United States.
Approved February 16, 1885.



CHAPTER 3567-[No. 12.]
AN ACT to Supply Deficiences in the Appropriations for the Year 1884.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That the fol- Defciency ap-
lowing amounts be and the same are hereby appropriated for aproprations o1
the payment of the following expenses incurred in the year
1884: For Maintenance of Lunatics, ten thousand dollars
($10,000.00); for Expenses Assessing and Collecting Revenue,
three thousand eight hundred and eighty-six dollars and eighty-
eight. cents ($3,886.88); for General Printing and Advertising,
five thousand six hundred and eighty-six dollars and fifteen
cents, ($5,686.15); for Repairs of Capitol, two thousand five
hundred dollars, ($2,500.00); for Burglar Proof Safe and Time
Lock for State Treasurer's Office, one thousand one hundred
and eighty-six dollars and eighty cents ($1,186.80); for Con-
tingent Fund Supreme Court, four hundred and sixty-six dol-
lars ($466.00).
Approved February 7, 1885.



CHAPTER 3568-[No. 13.]
AN ACT Making Appropriations. for the Years 1885 and 1886.
The People of the State of Florida, represented in Senate
Assembly, do enact as follows: SECTION 1. That the following
sums be and they are hereby appropriated for the payment of fAppropr1ations
the following expenses of the State government for the year
1885: For salaries Executive Department, eighteen thousand
dollars; for Judicial Department, thirty-three thousand five
hundred and seventy-three dollars; for Chief Clerk in Comp-
troller's office, fifteen hundred dollars; for Private Secretary
to the Governor, nine hundred dollars; for salary of Librarian



LAWS OF FLORIDA.



11











1885 of the Supreme Court, three hundred dollars; for Clerk in
Treasurer's office, twelve hundred dollars; for contingent ex-
penses of Supreme Court, one thousand dollars; for purchase
of books for Supreme Court Library, five hundred dollars; for
criminal prosecutions, two hundred dollars; for Janitor at
Capitol, three hundred and eighty-nine dollars; for Watchman
at Capitol, four hundred dollars; for general printing and ad-
vertising, seven thousand five hundred dollars; for jurors and
witnesses, fifty thousand dollars; for expenses assessing and
collecting revenue, twenty-five thousand dollars; for printing
Supreme Court Reports, two thousand dollars; for stationery
for Legislative and Executive Departments, one thousand dol-
lars; for post mortem examinations, three hundred dollars; for
Book-keeper in Comptroller's office, one thousand dollars; for
rewards for arrests of fugitives from justice, two thousand dol-
lars; for maintenance of lunatics, thirty-five thousand dollars;
for contingent expenses Superintendent of Public Instruction,
five hundred dollars; for contingent expenses of Capitol, one
thousand dollars; for lists of State and United States land en-
tries, five hundred dollars; for Blind, Deaf and Dumb Insti-
tute, five thousand dollars; for contingent expenses of State,
three thousand dollars;' for insurance on State buildings, one
thousand dollars; for expenses of convicts, eight thousand five
hundred dollars; for interest on bonds of 1871 and 1873,
eighty thousand dollars; for expenses of the present session
of the Legislature, fifty-three thousand dollars, to be audited
by the Comptroller on properly certified pay-rolls and vouch-
ers; for printing for the present session of the Legislature, ten
thousand eight hundred dollars, or so much thereof as may be
necessary to be audited by the Comptroller and paid on proper
vouchers; for the purpose of carrying into effect Chapter 3441
of the Laws of Florida, approved February 7th, 1883, the sum
of two thousand dollars, or so much thereof as may be neces-
sary.
SEc. 2. That the following sums be and they are hereby ap-
Appropriations propriated for the payment of the following expenses for the
for1ss6. State government for the year 188i : For salaries Executive
Department, eighteen thousand dollars; for salaries Judicial
Department, thirty-three thousand five hundred and seventy-
three dollars; for Chief Clerk in Comptroller's office, -fifteen
hundred dollars; for Private Secretary to the Governor, nine
hundred dollars; for Librarian Supreme Court, three hundred
dollars; for Clerk in Treasurer's office, twelve hundred dollars;
for criminal prosecutions, two hundred dollars; for contingent ex-
penses Supreme Court, one thousand dollars; [for] the purchase
of books for Supreme Court Library, five hundred dollars; for



12



LAWS OF FLORIDA.












Janitor at Capitol, three hundred and eighty-nine dollars; for 1885
Watchman at Capitol, four hundred dollars; for general print-
ing and advertising, seven thousand five hundred dollars; for
jurors and witnesses, fifty thousand dollars; for expenses as-
sessing and collecting revenue, twenty-five thousand dollars;
for printing Supreme Court Reports, five hundred dollars; for
stationery Executive and Legislative Departments, one thou-
sand dollars; for post mortem examinations, three hundred
dollars; for Book-keeper in Comptroller's office, one thousand
dollars; for rewards for arrest of fugitives from justice, two
thousand dollars; for maintenance of lunatics, thirty-five thou-
sand dollars; for contingent expenses Superintendent of Pub-
lic Instruction, five hundred dollars; for contingent expenses
of Capitol, one thousand dollars; for contingent expenses of
State, three thousand dollars; for lists of State and United
States land entries, five hundred dollars; for Blind, Deaf and
Dumb Institute, five thousand dollars; for interest on bonds
of 1871 and 1873, eighty thousand dollars; for expense con-
victs, eight thousand five hundred dollars.
Approved February 12, 1885.



CHAPTER 3569-[No. 14.]
AN ACT to Complete the Exhibit of the State of Florida at the World's
Industrial and Cotton Centennial Exposition now being held at New
Orleans.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That for the $3,00 appro-
purpose of completing the State of Florida's exhibit at the Ieati leanf
World's Industrial and Cotton Centennial Exposition at New Exposition.
Orleans the sum of three thousand dollars, or so much thereof
as may be necessary, be and is hereby appropriated, to be paid
from moneys in the Treasury not otherwise appropriated and
in the manner hereinafter provided.
SEC. 2. The Comptroller of the State shall determine, upon
application of the Commissioner of the State of Florida at the Expenditures,
howauthor'zed,
World's Industrial and Cotton Centennial Exposition, what audited and
amounts shall from time to time be expended in making such paid.
exhibit, and the said Commissioner shall return to the Comp-
troller his accounts and vouchers monthly for all such expen-
ditures, and the Comptroller shall audit all such accounts and
vouchers and issue his warrants upon the Treasury for such
amounts as shall be by him allowed to be expended and ap-
proved.



LAWS OF FLORIDA.



13












1885 SEC. 3. That a sum not to exceed two thousand dollars, or
such amount as may be found due him, shall be appropriated
a000po- for the purpose of paying the Commissioner of the State of
commissioner. Florida at the World's Industrial and Cotton Centennial Ex-
position a salary from moneys in the Treasury not otherwise
appropriated for his services as such Commissioner from the
the date of his commission January 18th, 1884, until the close
of the said Exposition June, 1885, and the Comptroller is
hereby directed to draw his warrant in favor of the said Com-
missioner upon the Treasurer for such amount as may be due
said Commissioner under this section upon his own requisi-
tion.
Approved February 3, 1885.



CHAPTER 3570-[No. 15.j
AN ACT to Provide an Annuity for Disabled Soldiers and Sailors of the
State of Florida.
The People of the State of Florida, represented in Senate
$5.00permonth and Assembly, do enact as follows: SECTION 1. That from and
apropriated after the passage of this act the sum of five dollars per month
for disabled
soldiers and shall be paid quarterly out of any money in the treasury not
sailors of late
war. otherwise appropriated to each and every soldier and sailor
who enlisted in any company or regiment, or who may have
served in the navy from this State during the late war, and
who are residents thereof; Providing, That said soldier or
sailor is rendered unfit to perform manual labor, by reason of
wounds received in line of duty; Provided, He produces to
Dty of the Board of Commisioners, hereinafter provided for, a certif-
commissioners. cate signed by the Board of County Commissioners of the
county in which he lives that he is, by reason of said wounds,
unable to perform manual labor, and is unable to support him-
self, and to the satisfaction of a.Board of Commissioners, to
Governor, consist of the Governor, Comptroller, [and] Adjutant-General of
Comptroller
and Adjutant- the State, that the pension so provided is necessary for his sup-
msGenerao port and maintenance; that he served in the army or navy,
Board. and received said wound or woundsin line of duty; Be it further
provided, That all soldiers and sailors who are now receiving,
or may hereafter receive, a pension from the United States or
any State, be debarred from the benefit of this act.
Adjutant-Gen- SEC. 2. The Adjutant-General shall prescribe forms to be
fo prepare used in applications for pension under this act.



14



LAWS OF FLORIDA.












SEC. 3. And that the Comptroller draw his warrants on the 1885
Treasurer for all amounts decided to be paid by said Cor- Warrants o1 be
missioners under this act in favor of said Commissioners. issued to Com-
missioners.
Approved February 16, 1885.



CHAPTER 3571-[No. 16.J
AN ACT to provide for the taking of the Censu3 of the State of Florida
in the year 1885.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That the Tax Assessos toa
Assessors of the several counties of this State are hereby re- tion of inhabi-
quired respectively to make an enumeration of all the inhabi- ounty eac
tants thereof in the manner provided for in this act, and
specified in the instructions which shall be given by the Secre-
tary of State, and to make return thereof to the said Secretary
of State on or before the first day of December, eighteen-hun-
dred and eighty-five; and the said Assessors are further requi-
red to make out duplicate lists of the names of all the male Lists to be filed
inhabitants over the age of twenty-one years in their respective in office of
Secretary of
counties, one copy of which shall be transmitted to the Secre- state and Clerk
tary of State and the other filed in the office of the Clerk of of court.
the circuit court on or before the first days of December,
eighteen-hundred and eighty-five.
SEc. 2. Each and every of such Tax Assessors shall, before
entering upon his duties herein, take and subscribe the follow- oath of as-
ing oath or affirmation before any officer authorized to admin- sessor.
ister oaths in this State, to-wit: "I, -- Tax
Assessor of the county of -- do solemnly swear or
affirm that I will to the best of my ability enumerate, or cause
to be enumerated, all the inhabitants of said county, and will
faithfully perform all the duties enjoined on me by the act pro-
viding for the taking of the census of the year eighteen-hundred
and eighty-five." And when the same is duly authenticated
by said officer before whom the oath is taken and subscribed,
he shall forward to the Secretary of State a copy thereof, and Copy of roll to
no Tax Assessor shall discharge any of the duties herein re- rbtaer o state.
quired until he has taken and subscribed said oath, and forwar-
ded a copy as aforesaid. He shall make up two sets of returns, When returns
one he shall deposit with the Clerk of. the Circuit Court and to be deposited
the other he shall forward to the Secretary of State.
SEc. 3. Any Tax Assessor may for any purpose not incon- Assessor may
sistent with this act, appoint a deputy or deputies to act in aieint depu



LAWS OF FLORIDA.



15












1885 his behalf, who shall take and subscribe an oath to faithfully
perform all the duties required of the Assessor, but for all offi-
cial acts of such deputy or deputies he shall be responsible.
SEc. 4. The Tax Assessors of the respective counties shall
Fee of AsseEsor receive for their respective services at the rate of three cents
per capital for such enumeration.
SEC. 5. It shall be the duty of the County Commissioners of
Duty of County each county to meet at the county site on the second Monday
Commissioners in December, and compare the list of male inhabitants over
as to costs.
the age of twenty-one years returned by the Assessor under
the provisions of this act, with the list of registered voters in
the office of the Clerk of the Circuit Court, and the names of
all persons upon said list of registered voters not embraced in
the list of said Assessor, shall be stricken from said list of
registered voters; Provided, however, That nothing herein
contained shall be so construed as to prevent any qualified
elector of the county whose name may have been omitted in
the return of the Assessor, from having his name again regis-
tered. And it shall be the duty of the Clerk of the Circuit
Dutyof Clerkof Court to forward to the Secretary of State, a certified copy of
the list of registered voters of the county, after the County
Commissioners have compared and corrected the list as afore-
Fee of Clerk. said. The Clerk, for the said certified copy, shall be allowed
one cent per name to be paid by Comptroller's warrant for the
same. Should the County Commissioners fail to meet on the
day specified in this section for the purposes aforesaid, it shall
be lawful for them to meet at the earliest day practicable there.
after, and discharge the duties herein prescribed.
SEC. 6. The Secretary of State is hereby required to carry
secretary of into effect the provisions of this act, and to provide blanks and
State toprovide to distribute the same among the said Tax Assessors, so that
necessary forms.
and blanks, &c. the enumeration may commence on the first day of September,
eighteen hundred and eighty-five; to distribute printed instruc-
tions defining and explaining the duties of said Tax Assessors
in a clear and intelligent manner; to see also that all due dili-
gence is employed by the Assessors to make return of their re-
spective doings complete at the time herein prescribed; and
the Secretary of State shall receive such allowance for printing
and incidental expenses as may be required for the proper exe-
To arrange and cution cf the provisions of this act, to be paid by warrant upon
classify returns. the Treasurer, approved by the Governor. And further, as the
returns are so made to cause the same to be classified and ar-
ranged in the best and most convenient form for use, and lay
the same before the Legislature at its next regular session.
For the purpose of carrying into effect this act, and defraying
the expenses thereof, there is hereby appropriated out of any



LAWS OF FLORIDA.



16











money in the Treasury not otherwise appropriated the sum of 1885
$8,000. Whenever the Secretary of State shall certify that
the Assessor of any county has completed to his satisfaction ed0 foapproi-
the enumeration of, and make return of, his county, and shall pose of census.
certify the amount of compensation to which, under the pro-
visions of this act, such Assessor is entitled, the Comptroller
shall issue his warrant on the Treasurer for three-fourths of When Assessor
the sum so due, and the Treasurer shall pay the same to said toreceie com-
Tax Assessor; and when the returns have been carefully ex-
amined for classification, and found executed in a manner sat-
isfactory, then the Comptroller, on the approval of the work
by the Secretary of State, shall issue his warrant on the Treas-
ury for the remainder, and the. Treasurer shall pay the same to
the said Assessor.
Approved February 16, 1885.



CHAPTER 3572-[No. 17.]
AN ACT making Appropriation to the Florida Agricultural College.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That ten $10,000 appro-
thousand dollars are hereby appropriated to the benefit of the riulural Cl-
Florida Agrieultural College six thousand dollars of said sum lege for 1885
shall be paid during the year A. D. 1885, and the remaining an 1ss6.
four thousand dollars during the year A. D. 1886.
"SEC. 2. That the said annual sums shall be paid over to the How money to
Board of Trustees of said College and be expended by said be paid.
Board of Trustees as in their judgment may further the best
interest of said college.
SEC. 3. That the Comptroller of the State of Florida is Duty of Comp.
hereby empowered and required to draw his warrant upon the troller and
Treasurer.
Treasurer of the State of Florida in favor of the said Board of
Trustees for the above named annual sums of money in the
first section of this act mentioned, and the Treasurer shall pay
to the said Board the above sums out of any money in the
treasury not otherwise appropriated.
Approved February 12, 1885.
3



LAWS OF FLORIDA.



17









18 LAWS OF FLORIDA.

1885
"CHAPTER 3573-[No. 18.]
AN ACT Making Appropriation for and Extending the Provisions of
Chapter 3447, an act a approved March 5th, 1883.
The People of the State of Florida, represented in Senate
$2,000 appro- and Assembly, do enact as follows: SECTION 1. That the sum
Fite1efo r18 of one thousand dollars for the year 1885, and one thousand
Teachers' In- dollars for the year 1886, be, and is hereby appropriated for
statutes. the purpose of holding Teachers' Institutes at such times and
places as the Superintendent of Public Instruction may desig-
nate.
SEC. 2. That the sums appropriated in the foregoing section
Ap ropriation shall be subject to the order of the Superintendent of Public In-
of sperinten- struction, and it shall be the duty of said Superintendent to
dent of Public submit a report to the next General Assembly as to the man-
Instruction.
ner and for what purposes the said sums have been expended.
Approved February 16, 1885.



CHAPTER 3574-[No. 19.]
AN ACT making Appropriation for and Extending the Provisions of
Chapter 3448, an act to provide for Normal Instruction, approved March
5th,1883.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That the sum
Or iated or of three thousand dollars for the year 1885, and three thousand
"tionfaorlInstd dollars for 1886, be and the same is hereby appropriated to
1886. enable the Superintendent of Public Instruction to extend the
provisions of Chapter 3448, Laws of Florida, approved March
5th, 1883, and that the said sum of three thousand dollars per
annum for the years 1885 and 1886 shall be expended only in
accordance with the said act.
SEC. 2. That all laws conflicting with the provisions of this
act are hereby repealed.
Approved February 16, 1885.











1885
CHAPTER 3575-[No. 20 J
AN ACT to Defray the Expenses of State conventionn that Meets
in June, A. D. 1885.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. Be it enacted, $35.000 ap-
That the sum of thirty-five thousand dollars be and the same propriation.
is hereby appropriated to be paid out of the Treasury of the
State of Florida, out of any money not otherwise appropria-
ted, to defray the expenses of the Constitutional Convention
that is to meet June, A. D. 1885, for the purpose of revising
the Constitution of the Stale of Florida, and that the same be
audited by the Comptroller of the State and paid by the Treas-
urer under the direction of said Convention.
Approved February 16, 1885.



CHAPTER 3576-[No. 21.]
AN ACT to Fix the Pay of the Members, Officers and Attaches of the
Legislature of 1885.
The People of the State of Florida, represented in Senate
and Assembly, do enact asfollows: SEC. 1. That the pay of the Pay or Mem-
members of the present Legislature shall be a per diem for bers.
attendance of six ($6.00) dollars per day in addition to mile-
age allowed by the Constitution of the State of Florida of ten
cents per mile.
SEc. 2. The pay of the Secretary and Assistant Secretary of
the Senate and Chief Clerk of the Assembly, and all the
Clerks elected by the Senate and Assembly, shall be six ($6.00) taiesr Ceork-
dollars per diem each, allowing the Chief Clerk of the Assem- and Attaches.
bly and Secretary of the Senate two days after adjournment
to complete unfinished business; all committee clerks shall re-
ceive five ($5.00) dollars per diem for the number of days
certified by the chairman of the committee; the pay of the
Sergeant-at-Arms of the Senate and Assembly shall be six
($6.00) dollars per diem each; the pay of the Messengers of
the Senate and Assembly shall be five ($5.00) per diem each;
the pay of Door-keepers shall be five ($5.00) dollars per diem
each; the pay of Pages shall each be four ($4.00) dollars per
diem; the pay of Janitors shall each be three ($3.00) dollars
per diem; the pay of Chaplains shall each be one hundred
dollars; the Recording Clerks shall be entitled to pay for two



19



LAWS OF FLORIDA.









20 LAWS OF FLORIDA.

1885 days after adjournment to bring up their work on journals; the
Assistant Secretary of the Senate and Assistant Clerks of the
warrant. Assembly shall be allowed pay for two days after adjournment
to finish up the work of the session. The Comptroller is re-
quired to issue his warrant in favor of any member, officer or
attache of either the Senate or Assembly for the amount due
him, and the Treasurer shall pay the same out of any moneys
in the treasury not otherwise appropriated.
Approved February 12, 1885.



CHAPTER 3577-rNo. 22.1
AN ACT Calling a Constitutional Convention and Providing for Elect-
ing Delegates to Same.
*The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. There shall be
convention to held by the delegates elected by the electors of the State of
be held 2d
Tuesday in Florida, a Convention at the City of Tallahassee, in the State
June, 1885. Capitol, beginning on the second Tuesday in June, 1885, for
Reyision to be the purpose of making an entire revision of the Constitution
eubitted to Of this State, and to provide for the submission of the same
ratilcation. to the electors of the State at a general or special election for '
ratification.
SEc. 2. There shall be held throughout the State under the
Election of provisions of the election laws of the State on the first (1st)
delegates. Tuesday in May, a general election for delegates to said Con-
Number. vention, which shall consist of one hundred and eight (108)
members apportioned among the several counties and senato-
rial districts in accordance with the present representation in
the Legislature. That the registration books of the several
counties be opened in the various precincts for the registration
Registration of voters not.now legally registered, from the first Monday in
books to be April 1885, to ten days next preceding the election, and that
opened in the Clerk of the Circuit Court appoint registration officers for
such precincts.
SEc. 3. After the passage of this act the Secretary of State
secretary o shall cause notice to be given of the election provided for in
notice ofelec the second section of this act, as is provided by law for notices
"tion. of general election, excepting that such notice shall not be re-
quired to be published more than thirty days prior to and un-
til the day of said election.
SEC. 4. That should any vacancy occur in said Convention,
to be 'filed, it shall be the duty of the Governor to order an election to










LAWS OF FLORIDA. 21

fill such vacancy, to be held in the manner that the party by 1885
whom the vacancy was created was chosen, and the notice in
case of a vacancy in the membership of said Convention from
a Senatorial District or county, shall be ten days.
SEc. 5, That it is the sense of this Legislature that the Con- How Conslitu-
stitution as revised shall be submitted to the qualified electors tin to be rati-
of the State for ratification by ballot.
Approved February 12,1885.



CHAPTER 3578-[No. 23.]
AN ACT to Provide for the Management of the State Asylum for the
Indigent Lunatics.
The People of the State of Florida, represented in Senate Board of Com-
and Assembly, do enact as follows: SECTION 1. That the Board missioners ot
State Inetitu-
of Commissioners of State Institutions shall have the manage- tions to have
ment and control of the Asylum for Indigent Lunatics of the managementol.
State, and shall employ a Superintendent and such physicians To employ
and other medical attendance and such other persons as may superinten-
be necessary for the proper management and care of the lunatics, ent .
and of such asylum, and of the properties therein or thereto
belonging or appertaining.
SEC. 2. Said Board of Commissioners shall prescribe the
powers and duties of the Superintendent and of all the other Board to pre-
scribe duties
employees, and shall require of the Superintendent bond with of employees.
sureties, conditioned to properly apply and fully account for
all supplies, property and moneys which may be entrusted too pgive ond.nt
or received by him, and for the faithful performance of his
duties, as they may from time to time be prescribed by such
board.
SEC. 3. The compensation of such Superintendent and all Compensation
other employees shall be prescribed by the board. The com- of employee to
be fixed by
pensation of the Superintendent shall not exceed two thousand Board.
dollars per annum.
SEC. 4. The Board may require bond and sureties of any Bond may be
employee other than the Superintendent, conditioned as they required.
may prescribe.
SEc. 5. The Superintendent and other employees shall be How employees
removable at the pleasure of the board. rem
SEC. 6. All laws and parts of laws in conflict with this act
are hereby repealed.
Approved February 12, 1885.










22 LAWS OF FLORIDA.

1885
CHAPTER 3579-fNo. 24.]
AN ACT Authorizing the Employment of Stenographers in the Sev-
eral Circuit Courts of this State.
The People of the State of Florida, represented in Senate
When Judge to and Assembly, do enact as follows: SECTION 1. That whenever
appoint Sten-
ographers, in any cause pending in the Circuit Courts of this State, the
attorneys representing the plaintiff and defendant shall apply
to the Judge of such court, and state such facts as will con-
vince the Judge that the employment of a stenographer, will ex-
pedite said trial, and save expense to the State, it shall be the
duty of the Judge to grant an order, authorizing the employment
of a stenographer, whose salary shall not exceed ten dollars
eer diem and mi
mileage per day and mileage at the rate of ten cents per mile in going
to and returning from said court to his place of residence,
which shall be paid from the Treasury of the State upon the
certificate of the Clerk of said court.
Approved February 16, 1885.



CHAPTER 3580-[No. 25.]
AN ACT to amend an act entitled "An act to Provide for the Relin-
quishment of the Dower of Insane Married Women," approved Feb-
16th, A. D. 1883.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows:
That an act entitled an act to provide for the relinquishment
of the Dower of Insane Married Women, approved February
16th, A. D. 1883, be and the same is hereby amended so as to
read as follows:
SECTION 1. Whenever any married man shall represent by peti-
huband.' tion under oath to the Judge of the Circuit Court for the Circuit
in Which such married man resides or owns lands, that he re-
Examination of sides or owns real property in said Circuit, in which his wife
insane wife by
Circuit Judge. has a dower interest; that his wife is insane; and that it is
for the interest of himself and his said wife to convey, mort-
gage or otherwise alienate any part or all of said lands, such
Judge shall thereupon enquire into the facts set up in said pe-
Appointment of tition, and if after such examination the said Judge shall find
pio rei gua. such woman to be insane, and that it is necessary and proper
quish dower, and for the pecuniary advantage of such insane person, he










LAWS OF FLORIDA. 23

shall appoint a special guardian of such insane person to join 1885
with her said husband for the purpose and with power to re-
nounce and relinquish her dower and right of dower in and to
her said husband's lands in the Circuit aforesaid.
SEC. 2. If said married woman shall have previously been
adjudged insane by any court of competent jurisdiction, either Pocenedan
in or out of this State, and shall at the date of such petition already ad-
and order be in custody under the order of such court, it shall judged insane.
be sufficient to the granting of such order that there be pro-
duced and filed with said petition a duly and regularly certi-
fied transcript of the proceedings in lunacy, and the order ad-
judicating such woman a lunatic, together with an affidavit
from the keeper of the Asylum or other place to which she
may have been committed, that she is still in custody under
such order.
SEC. 3. If. however, the married woman has not been de-
clared insane by some court of competent jurisdiction as afore- Probedins to
said, then the Judge of the court to whom such petition is Judge.
presented shall cause said woman, if within hisjurisdiction, to
be brought before him, and shall summon witnesses and make
a full examination into the facts set up in said petition. Such
witnesses shall consist of not less than two practicing physi-
cians, and three other credible persons, who shall be personally
acquainted with said woman. If, on such examination, the
Judge shall be satisfied of the insanity of said married wo-
man, and that it is for her interest that the prayer of her hus-
band's petition be granted, he shall make the order appointing
the guardian aforesaid.
SEc. 4. Such guardian may, at the discretion of the court,
be authorized and empowered, by deed under his hand and Execution of
seal, executed by him in the presence of two witnesses jointly f'oiqbiment
with the said husband, or otherwise, to renounce and relin- guardian.
quish for and in the name of said insane wife her dower and
right of dower in and to such lands as her husband may then
own, or afterwards acquire, or which he may have previously
alienated or conveyed during the insanity of his said wife, or
any part thereof. And such guardian may thereupon execute,
or join with the husband of such insane woman in execution,
such deed or deeds, mortgage or mortgages, or other instru-
ment or instruments in writing as may be necessary to renounce
and relinquish the dower and right of dower of such insane
wife in and to the whole or such parts of the said real estate
of said husband as the court may direct.
SEC. 5. That the relinquishment and renunciation of dower
of such insane wife, made in accordance with the provisions of ienctu f such
this act, shall be as complete and effective to bar and cut off ment.











1885 all the dower and right of dower of such insane wife in and
to the real estate so conveyed as if the deed or instrument of
renunciation or relinquishment had been executed by the wife
being sane.
SEc. 6. That the Judge, before granting such order or orders
be required as provided for in this Chapter, may in his discretion require
husband. of such husband such security for the support and maintenance
of such insane woman as the circumstances of the case may
seem to require.
SEc. 7. That all laws and parts of laws in conflict with the
provisions of this act be and the same are hereby repealed.
Approved February 4, 1885.



CHAPTER 3581-[No. 26.]
AN ACT to increase the Jurisdiction of Circuit Courts in suits for
Alimony.
Ihe People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That from and
urisdtin of after the approval of this act, the circuit courts shall have
alimony. jurisdiction to grant alimony on application of wives for
alimony against their husbands on his committing any act
which shall be cause of divorce under the Statutes of this
State.
SEC. 2. Such application may be made by a bill for divorce,
How applica- or in the answer of the wife, or on a bill filed by her for
tion made. alimony.
Approved February 16, 1885.



CHAPTER 3582-[No. 27.]
AN ACT to Allow Parties to Testify in Cases of Divorce or Alimony.
The People of the State of Florida, represented in Senate
Partiesmaytes- and Assembly, do enact as follows : SECTION 1. That in all ac-
"ty-. tions for divorce or alimony in this State it shall be competent
No decree for the parties to such action to testify therein; Provided,
granted on tes- That no decree in any such case shall be granted upon the tes,
mrtyAon a timony of the husband or wife alone.
Approved January 29, 1885.



LAWS OF FLORIDA.



24











1885
CHAPTER 3583-[No. 28.]
AN ACT to Regulate the Practice of the Circuit Court providing for a
Nonsuit with a Bill of Exceptions in- Certain Cases.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. When from any Bill of excep-
tions allowed
decision of the court on the trial of a cause in the Circuit n nonsuit.
Court it may become necessary for the plaintiff to suffer a
nonsuit the facts, points or decision may be reserved for the
decision of the Supreme Court by bill of exceptions as in
other cases.
Approved February 8, 1885.



CHAPTER 3584-[No. 29.]
AN ACT to provide for a Bill of Exceptions from Courts of Justices of
of the Peace and County Courts to the Circuit Court.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That appeals Appealsby bill
by bill 'of exception are hereby authorized to be taken from athorpesi
the county courts and courts of Justices of the Peace of this
State to the circuit courts as is now provided for in appeals
from circuit courts to the supreme court.
Approved February 16, 1885.



CHAPTER 3585-[No. 30.]

AN ACT Prescribing the Number of Jurors in Cases of Forcible Entry
and Unlawful Detainer in the County Court.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That in the Number of
trial of cases of forcible entry and unlawful detainer before Jurors.
the County Court or County Judge the same shall be tried by
six legal jurors, who shall be freeholders; Provided, That
the parties may consent to a less number than six, or may wai.ed.
waive a jury, and in that event the same shall be tried by the
Judge.
Approved January 29, 1885.



LAWS OF FLORIDA.



25












1885
CHAPTER 3586-[No. 31.]
AN ACT to Prescribe the Manner of Foreclosing Mortgages and En
forcing Liens upon Personal Property where the Debt or Demand
Secured does not exceed One Hundred Dollars.

The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. Whenever any
closing certain person or a corporation holds a debt or demand that does not
mortgages and exceed the sum of one hundred dollars, that is secured by a
liens in court-
of Justices' of mortgage or other written lien upon personal property, he
the Peace. shall, upon commencing suit in a Justice court upon his debt
or demand, file therewith his mortgage or written lien; and
upon the recovery of judgment for his debt or demand the
same shall operate as a foreclosure of his mortgage upon the
property therein described, and his lien shall be enforced by
execution as in other cases, except that he shall enforce his
judgment against the property mortgaged, or upon which he
has a lien, before he can resort to other. property of the de-
fendant.
Defence may SEO. 2. In suits of this character the defendant may make
eqtable a his defence upon legal and equitable grounds, and third per-
grounds. sons may interpose claims to the property involved in such
Third persons suits as in other suits.
may interpose.
Approved February 16, 1885.



CHAPTER 3587-[No. 32.]
AN ACT to provide for the Payment of Jurors and Witnesses in Criminal
Cases tried before Justices of the Peace.
The People of the State of Florida, represented in Senate
eeofJurorand Assembly, do enact as follows: SECTION 1. That all jurors
and witnesses, and witnesses in criminal cases tried before Justices of the
shall be a t Peace shall be paid fifty cents each for each case in which they
charge against
county, shall be summoned, and the same shall be a charge against the
county.
SEc. 2. That all fees which shall become due to jurors and
Duty of Justice witnesses under section one of this act shall be noted and
as to such fees. charged by the justice in his docket as costs, and shall be paid
by the county as other casts are now paid which accrue in
criminal cases in justice courts to the justice before whom any
such case shall be tried, who shall receive the same.and pay



26



LAWS OF FLORIDA.












it to the jurors and witnesses to whom it shall be due; Provi- 1885
ded, That nothing in this act shall be so construed as to pre-
vent the assessment against and the collection of all costs from
the defendant or defendants.
Approved February 16, 1885.



CHAPTER 3588-[No. 33.J
AN ACT to Secure the Attendance and Pay of Witnesses for the De-
fence in Criminal Cases.
The People of the State. of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. If the defend-
ant in any indictment, except for indictments for libel or tres- paid when de-
pass, shall make satisfactory proof to the Judge presiding that fendent insol-
said defendant by reason of poverty is utterly unable to pay
the issuing and serving of subpoenas for witnesses for his de-
fence, the court shall order, upon the said defendant making
oath that the testimony of such witnesses is material, impor-
tant and necessary for his or her defence, that the cost of issu-
ing and serving such subpoenas be paid as other costs are paid
in criminal cases.
SEC. 2. That all laws or parts of laws in conflict with the
provisions of this act be and the same are hereby repealed.
Approved February 12, 1885.



CHAPTER 3589-[No. 34.]
AN ACT to provide for Service of Non-Resident Defendants and others
in certain Chancery Causes.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. Where a defen- Affidavit of
dant is shown by the affidavit of the complainant or his agent, complainant or
appended to the bill or otherwise, to be in the belief of such ag
affiant either a non-resident of the State, or that his residence
is unknown, or if a resident that he has been absent from the
State more than six months next preceding the filing of the
bill, or that he conceals himself so that process cannot be
served upon him and such affidavit further states the belief of
the affiant as to the age of the defendant being over or under



LAWS OF FLORIDA.



27










28 LAWS OF FLORIDA.

1885 twenty-one years of age, or, if the age and residence of the de-
Sfendant are unknown to the person making the affidavit, states
they are unknown, or, if the bill sets forth the facts required
Order for de- to be stated in said affidavit, and is sworn to, it shall be the
fendantto duty of the clerk or the judge of the court in which the bill is
filed to make an order against such defendant, requiring him
to answer or demur to said bill before a day to be therein
named, not less than thirty days nor more than fifty days from
How order the making thereof. The clerk shall have all orders of publica-
potued. ad tion against defendants, whether made by the judge or himself,
published with as little delay as may be, in such newspaper as
may be designated in the order, once a week for four consecu-
Copy to be tive weeks; a copy of which order he must post up at the door
mailed to de-
fendant, when. of the court-house of the county or other place where the
court sits, and shall send by mail another copy thereof to the
defendant, where his residence is shown by the bill or affidavit;
as aforesaid, which copies shall be posted up and sent by mail
within twenty days from the making of said order.
SEC. 2. When an application is made to the judge or clerk
certificate of for a decree pro confesso against a defendant as to whom publi-
decree pr ore- cation has been made, the clerk, before the decree pro confesso
esso to be en- is entered, must certify that publication has been made, and
therein state when and how and whether the notice was posted
up or forwarded by mail to the defendant, and when, which
certificate shall be prima facie evidence of the facts therein
stated.
Approved February 12, 1885.
d


CHAPTER 3590-[No. 35.]
AN ACT to make Service upon -Railroads and other Corporations and
Companies therein mentioned.
The People of the State of Florida, represented in Senate
Service may be and Assembly, do enact as follows: SECTION 1. That in any
made on real- action at law or in equity in any of the courts of this State
dent business
agent, against any railroad or other corporation, telegraph or steam-
boat company operating in this State, service of process upon
any resident business agent of such corporation or company
in the county in which the action may arise shall be sufficient
service for any court having jurisdiction thereof to entertain
the same.
SEC. 2. That all laws and parts of laws in conflict with the
provisions thereof are hereby repealed.
Approved February 12, 1885.










LAWS OF FLORIDA. 29

1885
CHAPTER 3591-f'No. 36.]
AN ACT to Provide for the Introduction in Evidence of Conveyances,
and Certified Copies of Conveyances Acknowledged or Proved and Re-
corded.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That convey- certain re-
corded convey-
ances of property, whether absolute or on condition, which are ances to be
acknowledged or proven by the party or parties executing the reeied ith-
same before the Clerk of the Circuit Court of the county in out farther
which such conveyances are to be recorded according to law, proof.
and recorded within twelve months from the date of their exe-
cution, shall be received in evidence in any court without fur-
ther proof of execution i and if it appears to the court that the
original conveyance has been lost or destroyed, or that the When copies
party offering the transcript has not the custody or control received.
thereof, the court must receive a transcript, duly certified, in
the place of the original.
SEc. 2. That all laws and parts of laws in conflict with the
provisions of this act be and the same are hereby repealed.
Approved February 12, 1885.


CHAPTER 3592-[No. 37.]
AN ACT to Determine the Priority of Deeds and other Instruments of
Record of this State.
The People of the State of Florida, represented in Senate
and Assembly,.do enact as follows: SECTION 1. That hereafter When deeds
all deeds of conveyance, bills of sale, mortgages or other &c.,deemedto
transfers of property, either real or personal, within the limits be recorded.
of this State, which are required for any purpose to be recorded,
shall be deemed to have been recorded from the date the same
is presented and filed with the officer required to record the
same.
SEC. 2. All laws and parts of law in conflict with the pro-
visions of this act be and the same are hereby repealed.
Approved February 16, 1883.


CHAPTER 3593-[No. 38.]
AN Act to Authorize the Clerks of the Circuit Courts in this State to
Appoint Deputies in their own Precincts as Registration Officers.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That the Clerks











1885 of the Circuit Courts in the several counties in this State are
Clerk author- hereby authorized to appoint in the election district or pre-
ized to appoint cinct in which their offices are situated, a special Deputy Clerk
special deputy
for registtion or Registration Officer to perform the duties as such Deputy
in precict Clerk or Registration Officer in such election district or pre-
where officc
situated. cinct.
SEc. 2. That all laws and parts of laws in conflict with this
act are hereby repealed.
Approved February 12, 1885.



CHAPTER 3594-[No. 39.]
AN ACT to Provide a General Law for the Adoption of Children.
The People of the State of Florida, represented in Senate
Circuit courts and Assembly, do enact as follows: SECTION 1. That from and
to havi wer after the passage of this act the Judges of the Circuit Courts
adoption of of the several Circuits of this State, on the application of any
children. person or persons, shall have full power and authority to
legalize the adoption of any child or children by any person or
persons who may apply to the said Judges of the Circuit Court
of the several Circuits of this State.
SEc. 2. That any person or persons who desire to apply to
Party desiring the Circuit Judge of any Circuit in this State shall give four
to adopt child
must publish weeks notice in a newspaper published in the county of resi-
or post notice. dence of such person or persons, and if there is no newspaper
published in the county then by posting in three public places
in said county, one of which shall be the court-house, of an in-
tention to apply.
SEC. 3. After giving the notice provided for in the above sec-
Party applying tion of this act the person or persons desiring to adopt any
t fie etition child or children shall file a petition to the Judge of the Circuit
Court. Court in the Circuit in which said person or persons applying
reside, said petition to contain the age as nearly as can be as-
certained of the child or children, clearly setting forth the rea-
sons why the said person or persons applying desire to adopt
said child or children, and the said petition shall be sworn to
before some officer authorized by law to administer oaths by
one of the petitioners or by their attorney-at-law of the peti-
tioner or petitioners. Upon the filing of said petition it shall
Guardian pen- be the duty of the Judge to appoint a guardian pendente life
dente lite. to represent said minor upon the hearing of said petition.



LAWS OF FLORIDA.



30











SEC. 4. It shall be the duty of any Circuit Judge of this 1885
State, when the provisions of this statute have been complied
with, after hearing the said petition, together with such evi- Judge to grant
dence as may be presented, in his discretion to grant its order discretion.
or decree authorizing the adoption of any child or children by
any person or persons so complying with the provisions of Order to be
this statute; and if the order be granted the same shall be recorded.
made a matter of record in said Circuit Court.
SEa. 5. Any child or children adopted by any person or per-
sons under the provisions of this statute shall be declared the Rights ofchil-
children and heir at law of the person or persons applying for endoadot-
their adoption; Provided, That nothing in this act contained
shall in any way interfere with any rights of property belong-
ing to the child or children at the time of the adoption.
SEO. 6. All laws and parts of laws in conflict with the pro-
visions of this act be and the same are hereby repealed.
Approved February 4, 1885.



CHAPTER 3595-[No. 40.]
AN ACT to Authorize Railroad and Canal Companies Incorporated
under any law of this State to Condemn lands owned by Private Indi-
viduals or Corporations for the use of such Railroads or Canal Compa-
nies, and to Provide a Method of Proceedure therefore.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. In case any rail- Railroad or
"road or canal company, which has been or which may hereafter be canal corpora-
incorporated under any law of this State, shall not have acquired quire use of
the right to use any land owned by private individuals or cor- of this bct.
portions, required for the purpose of its incorporation,
whether it is or is not in possession of such land at the date
of the approval of this act, such railroad or canal company
may acquire the right to use such land in the manner and by
the proceedings prescribed in this act.
SEC. 2. For the purpose of acquiring such right such cor-
poration shall file a petition in the Clerk's office of the Circuit Peittion to be
Court of the county in which such land lies. Such petition oe, what tode
shall be signed and duly sworn to by the attorney or some contain.
authorized officer of such corporation. It shall contain a
description of the land, and designate its location; and it
must state that such corporation does exist; that it is the in-
tention of such corporation, in good faith, to construct and
finish a railroad or canal over or through the lands described



LAWS OF FLORIDA.



31











1885 in such petition, or that such lands are essential for the use of
such corporation; and that such corporation has made a sur-
vey and map thereof, by which its route or line is designated;
and that it has located its road or canal according to such sur-
vey, and has filed certificates of such location, signed by the
engineer of the corporation, in the office of the Clerk of the
Circuit Court of the county in which such land is situated;
When allega- Provided, however, That if such corporation has been pre-
cdispensed vented by anyone in possession of-such land from entering
wi thereon for the purpose of making such survey and map, such
facts, set forth in said petition, shall relieve such corporation of
the necessity of alleging that it has made a survey and map of
such land, located its road or canal over or through such land,
and filed certificates of such location as hereinbefore required.
Said petition shall further state that the use of such land is
necessary for the purpose of operating or constructing such
railroad or canal, and that such corporation has not acquired
the right to use the same. It shall also state the name or
What petition names of the party or parties in possession of such land, and
to state, the names of those who own, or who claim to own, the same;
Provided, The claimants are known to the petitioner, and if
any such persons are infants their ages, as near as may be,
must be stated, or if idiots or of unsound mind, or unknown,
such fact must be set forth.
Sherift to sum SEC. 3. On the presentation of such petition to the Judge of
holders to ap such Circuit Court, he shall make an order directed to the
praise land and Sheriff or other officer qualified to serve process, to summon
fix compensa-
toin. six disinterested free-holders, registered voters of the county
in which such land is situated, as Commissioners, to meet at a
time and place to be named in such order, not more than seven
days from the day of the service of the said order, to proceed
to take steps to appraise and value the said land, on their oaths,
well and truly so to do, to be administered by any officer au-
thorized to administer oaths, and to fix the amount of com-
pensation to be made to the owner or owners of such land by
such corporation.
SEc. 4. Said Commissioners shall, at their first meeting,
Proceedings by cause notice to be given to the owner or owners of such land
commissioners. of the time when, and place where, they will meet to consider
the amount of compensation to which the owner or owners of
such land shall be entitled, which notice-shall be served at
least ten days before the time of such meeting, personally on
such owner or owners, or on his or their authorized agent or
attorney, or by leaving the same or a copy thereof at his resi-
dence or place of business with a.. person over the age of fifteen
years. If any other owner of such land is a non-resident of



32



LAWS OF FLORIDA.











the county, or his residence is unknown, and he has no author- 1885
ized agent or attorney in the county, such notice shall be
published for four consecutive weeks in a newspaper published
in the county, or if no newspaper be published in the county,
then in the newspaper published in the Circuit nearest to such
county. If any such owner be an infant, insane or non com-
pos mentis, service of such notice shall be made on such per-
son and in such manner as the Judge shall direct. The said
commissioners shall file with their report proof of the service
of such notice, in compliance with the requirements of this
section, or of the appearance of such owner or owners before
them, either personally or by agent or attorney, and if any
such owner after due notice shall fail to appear either per-
sonally or by agent or attorney, the same must also be stated
in the report of said commissioners; but it shall not be ne-
cessary to serve or publish notices of any subsequent meeting
held pursuant to adjournment. The commissioners shall view Further duties
the land described in the petition, hear the allegations of the of Commission-
parties and shall appraise, ascertain and determine the value of
each tract or parcel of land proposed to be taken,
with the value of the improvements thereon, and each
separate estate therein, and the damage that will be
sustained by the owner or owners by reason of the
taking thereof, and they shall fix the amount of the com-
pensation to be made to each of the owners thereof. A maior-
ity of the commissioners may determine all matters before
them. The said commissioners shall, within ten days after
viewing the land mentioned in the petition, file in the office of To fle report.
the Circuit Court of such county a report of their proceedings
concerning such land, setting forth the amount of compensa-
tion awarded by them to the owner of each tract or parcel of
land. They shall be entitled for their services to such com- Fees of com-
pensation as the judge may direct, which together with all missioners.
other expenses of the proceedings shall be paid by the corpora-
tion filing the petition provided for in section.two of this act.
SEC. 5. When such report has been filed, as prescribed in
the foregoing section, either or any party to 'the proceeding
may within ten days after the date of the filing of such report,
file with the clerk of said court, his or their written protest Protest against
against the confirmation of such report, setting forth the rea- confirmation of
sons why the same should not be confirmed, and it shall be the
duty of the said jugde to hear the parties and their witnesses, Proceedings
and determine the matter at a early as day as practicable. thereupon.
Should such owner or owners on such hearing show good
cause why such report should not be confirmed, the said judge
shall refuse to confirm the same, and he shall order and cause
4



LAWS OF FLORIDA.



33












1885 to be taken such further proceedings in the matter, not incon-
-sistent with this act, as in his judgment, right and justice
Judge to con. demand. Should said judge on such hearing determine that
fw repor' no sufficient cause had been shown why said report should not
be confirmed, or should no protest be filed as hereinbefore pro-
vided, within ten days from thee ae of the filing of suchreport
the said judge shall make an order confirming said report, and
on payment to the owner or owners of the land by such rail-
road or canal company of the amount awarded to him or them
by the said commissioners as compensation for the use of such
Payment to land, or on payment thereof to the clerk of such Court,
owner or Clerk subject to the order of such owner or owners, the order confirm-
ing the report of said commissioners shall be entered of record
on the chancery order book of said court, and it shall there-
Rights of cor- upon become a judgment and decree of said court, and the
portion after right to use such land shall thereupon vest in such corporation,
order of confir-
mationre- its successors and assigns, and they shall have the right to hold
corded, and use the same for the purposes of the corporation, and to
take therefrom and appropriate absolutely such earth, stone,
timber or material thereon as may be necessary for the con-
struction or operation of such railroad or canal, so long as such
land, earth, stone, timber or other material shall be required
for the construction or operation of such railroad or canal, and
said rights shall vest as fully in such corporation as if the
owner or owners of such land had given the same by a duly
When property executed lease: Provided, however, That if at any time such
to revert to
original owner, corporation, its successors or assigns shall cease to operate
such railroad or canal in conformity with the object of such
corporation as set forth in its charter or articles of incorpora-
tion, such land, and all the rights therewith connected, acquired
by such corporation, by virtue of this act, shall revert to the
owner thereof, or to his heirs in case of his death.
SEO. 6. At any time- after the entry of the order confirming
When writ of the commissioners' report in the chancery order book, as pre-
assistance al-
lowed. scribed in the foregoing section, the said railroad or canal com-
pany, on due proof of the same, may obtain a writ of assist-
ance from said court under the order of said Judge to put such
railroad or canal company in possession of the land condemned
to their use as aforesaid.
SEC. 7. The said Judge of the Circuit Court shall have power
Power of court at any time to amend any defect or informality in any of the
to amend in-
formality in proceedings authorized by this act that may require amend-
proceedings. ment, to cause new parties to be added, and to direct further
notices to be given to any party in interest, as he may deem
proper, and he may also appoint new commissioners possessed



34



LAWS OF FLORIDA.











of the qualifications mentioned in this act, in place of any who 1885
shall die, refuse or neglect to serve, or be incapable of serving.
SEC. 8. That whenever the land sought to be condemned to
the use of such corporation is owned by or in possession under Right tf wRa
any law of this State of any other incorporated railroad or ca- or canal not to
nal company, which is coistruting or operating its railroad exceed 105 feet.
or canal, the use of no more land than is necessary to furnish
to the petitioning corporation a right of way not exceeding one
hundred and five feet in width across such railroad or canal
shall be condemned to such use; and whenever the use of any
street, square or any public way, or any part thereof within
any incorporated city or town, or provisional municipality in
this State, is required by any such corporation as is mentioned
in the first section of this act, for the purpose of its incorpora- trepty, &., of
tion, the right to use such street, square or public way, or any a-nobout
part thereof, shall be granted only by the Mayor and Board of grant of muni-
Aldermen of such incorporated city or town and by the com- ipal authori-
missioners of such provisional municipality.
SEC. 9. That all laws and parts of laws in conflict with the
provisions of this act be and the same are hereby repealed.
Approved February 12, 1885.



CHAPTER 3596-[No. 41.]
AN ACT to Regulate the Admission of Foreign and Domestic Surety
Companies to do Business in this State.
The people of the State of Florida, represented in Senate and
Assembly, do enact as follows: SECTION 1. That any surety Foreign com-
company incorporated and organized under the laws of any ,Pies to com-
State other than the State of Florida'for the purpose trans- act.
acting business as surety on obligations of persons or corpora-
tions may transact business in this State upon complying
with the provisions of this act, and not otherwise.
SEO. 2. No surety company, not incorporated under the au-
thority of this State, shall directly or indirectly take risks or To e ee-
transact business in this State until it shall have first filed an ment in office
agreement under the seal of the company in the office of the orera ee orea-
State Treasurer, signed by the President and Secretary thereof, doing business
agreeing on the part of the company that service of process,
in any civil action against the company may be made upon
any agent of such company in this State, and authorizing such
agent, for and in behalf of such company, to admit such ser-
vice of process on him, and agreeing that the service of pro-



LAWS OF FLORIDA.



35












1885 cess upon any agent shall be valid and binding upon the com-
pany as if made upon the President or Secretary thereof;
and agreeing also to deposit with the Comptroller of this
State, in case of a contest with the holder of any surety or
fidelity bond over any claim f6r loss or damage growing but of
a contract of insurance or guaranty of fidelity, an amount in
current funds or marketable securities sufficient to cover iuch
claim in full, to be held until and subject to the determination
Teasurer to of the controversy; and the Treasurer of this State is herbby
demand de- required to make a demand upon the company for such del
posit,when. posit when notified by a policy holder of the institution of
any suit for loss or damage- growing out of any such contract
as aforesaid; and the agreement shall continue in force sor'
long as any liability remains outstanding against the company
service on in this State. Service upon any such agent shall be deemed,'.
agent. sufficient service upon the company.
SEC. 3. Whenever lawful process against a surety company
Agent to for- shall be served upon any agent of such company in this State,
ward copy of he shall forthwith forward a copy of the process served on
process. him, by mail, postpaid, and directed to the Secretary of the
company.
SEC. 4. No person shall act within this State, as agent or
capital re- otherwise, in procuring or securing applications for suretyship
quired. upon the bond of any person or corporation, or aid in trans-
acting the business of such suretyship for any company incor-
porated or organized under the laws of any other State unless
such company is possessed of five hundred thousand dollars
To be approved capital or assets, approved by the Board of Insurance Com-
by Insurance missioners of this State equivalent thereto, and unless such
capital or assets to the extent of one hundred thousand dol-
Investment of lars is invested in stocks created by the laws of the United
capital. States, or by or under the laws of the State in which such
company is located, of in other safe stock or securities, the
value of which shall be at or above par; which securities shall
be deposited with the Insurance Commissioners, Auditor,
Comptroller or chief financial officer of any State of the
"United States, or of the State under whose laws such com-
pany is incorporated, and the Treasnrer of this State is fur-
nished with a certificate of the Insurance Commissioner, Audi-
Certifcateto tor Comptroller or chief financial officer of such State that
be furnished
State Treasurer he, as such Insurance Commissioner, Auditor, Comptroller or
chief financial officer, holds in trust and on deposit for the bene-
fit of all obligees of such company the surety before men-
tioned, which certificate shall embrace the items of security
so held, and shall state that he is satisfied that such securities
are worth one hundred thousand dollars.



36



LAWS OF FLORIDA.











SEc. 5. Every person who shall so far represent any surety 1885
company established in any other State as to receive or trans- -
mit applications for suretyship, or to receive for delivery Who to be
bonds founded on applications forwarded from this State, or deemed agent.
otherwise to procure suretyship to be effected by such com-
pany upon the bonds of persons or corporations in this State,
or upon bonds given to persons or corporations in this State,
shall be deemed as acting as agent for said company, and
shall be subject to the restrictions and liable to the penalties
herein made applicable to agents of such companies.
SEc. 6. Every such agent, before transacting any business
as aforesaid, shall deposit with the Treasurer of this State a to b deposited
copy of the charter of the company or corporation for which with State
he is agent as aforesaid, unless a copy thereof has already
been deposited with such Treasurer.
SEc. 7. Every such agent shall also, before transacting any
business as aforesaid, deposit with the said Treasurer a state- statement to
ment signed and sworn to by the President and Secretary of be r wrer
the company for which he acts, designating the amount of its
capital'and the manner of its investments; designating the
amount invested in mortgages, in public securities, in the
stock of incorporated companies; stating what companies and
also the amount invested in other securities, particularizing
each item of investment, the amount of existing bonds upon
which such company is surety, stating what portion thereof is
secured by the deposit with such company of collateral secu-
rity, the amount of premium thereon, and the amount of lia-
bilities, specifying therein the amount of outstanding claiins
adjusted or unadjusted, due or not due: Provided, however,
That not more than one such statement need be filed on behalf
of such company.
SEc. 8. Every such agent shall in the month of January an- Annual state-
nually also deposit with the said Treasurer a similar statement mont to be
of the capital of the company which he represents, and the in- fled.
vestments and risks as aforesaid to be made up to.the 31st day
of December next preceding, signed and sworn to as above di-
rected, and the Treasurer shall annually, in the month of Feb-
ruary, publish an abstract of the statement filed in his office as Publication of
required by sections seven and eight of this act: Provided, abstract.
"however, That not more than one such statement need be filed
by such company in any one year.
SEC. 9. No person shall act as agent, as aforesaid, for any
such surety company in this State, unless the capital stock or Assets re-
assets of the company which he may represent amount to the quired.
sum of five hundred thousand dollars actually paid in money



LAWS OF FLORIDA.



37












1885 and invested exclusively of any obligations of the stockhold-
"ers of any description.
SEc. 10. No person shall act as agent of any such surety
No one to act company until such company and such agent shall have com-
"law compile plied with all the requirements of the laws of this State relat-
with. ing to such company and their agents, and every person acting
without such compliance shall be fined one thousand dollars.
SEc. 11. The State Treasurer shall annually examine the
state Treasurer statements and returns required to be made by the companies
to examine
stateenn. and agents as afdresaid, and if, in his opinion, any returns shall
*be [obscure] defective or unsatisfactory, he shall immediately
May require require answers under oath from the agent by- whom such ob-
explanation
under oatoh secure, defective or unsatisfactory return shall have been made,
to such interrogatories as he may deem necessary or proper to
be answered in order to explain such returns and exhibit a full
and accurate view of the business and resources of the com-
pany represented by such agent.
SEC. 12. Every agent who shall refuse or neglect to answer
Penalty for re- such interrogatories for the space of thirty days, and continue
errousato answe to act as agent aforesaid, shall be liable to the penalty pre-
scribed in section [ten] of this act.
SEc. 13. The State Treasurer, either personally or by a com-
Treasurer may mittee appointed by him, consisting of one or more persons
examine afaras not directors, officers or agents of any surety company doing
many. business in this State, may at any time examine into the affairs
of any surety company incorporated by or doing business in
this State. The officers or agents of such company shall ex-
hibit its books to said Treasurer, or committee, may examine
under oath the officers and agents of any such company in re-
lation to its affairs, and said Treasurer shall, if he deem it
May publish re- for the best so to do, publish the result of such investigation
suilt. in one or more newspapers published in the State. When-
ever it shall appear to the said Treasurer, from the state-
ment or from examination of the affairs of any surety
Authority todo company that such company is insolvent, or is conduct-
business may
be revoked. ing 'its business fraudulently, or refuses or neglects to
comply with the laws of the State relating to surety
companies, it shall be the duty of said Treasurer to revoke the
certificate of authority issued to the agent or agents of any
such company, and he shall cause a notice thereof to be
published in one or more newspapers published in this State,
and the agent or'agents of such company, after such notice,
--shall transact no further business in this State. All the
Expenses to be expenses of an examination made under the provisions of this
pany. com- section shall be paid to the Treasurer by the company ex-
amined.



38



LAWS OF FLORIDA.











SEC. 14. The State Treasurer shall report to the Attorney- 1885
General any violation of the provisions of this act which shall Report to At-
come to his knowledge, and the Attorney-General shall institute torney-General.
the proper legal proceedings in the name of the State against Duty of Attor-
any persons violating any such provisions.
SEO. 15. For the services required to be rendered by the
provisions of this act the State Treasurer shall receive-a fee Fees.
of five dollars to be paid by the companies for each statement
made and accepted.
SEc. 16. That all surety companies, organized or incorpora-
ted under any law of this State, shall have the right to avail Domestic com-
themselves of the benefits of this act on complying with the pansies.
requirements thereof.
Approved February 13, 1885.


CHAPTER 3597-[No. 42.]
AN ACT to Facilitate the Giving of Bonds Required by Law.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That any corn- When Surety
pany with a paid up capital of not less than five hundred companies of
thousand dollars or assets equivalent thereto incorporated and tal or over cai
organized for the purpose of transacting business of surety dtis ,bt e in
on obligations of persons orcorporations may, upon production
of evidence of solvency and credit satisfactory to the Judge,
head of department or other officer authorized to approve
such bond, be accepted as surety upon the bond of any person
or corporation required by the laws of this State to execute a
bond, and if such surety company shall furnish satisfactory
evidence of its ability to provide all the security required by
law, no additional surety may be exacted, but other surety
may, in the discretion of the official authorized to approve
such bond, be required, and such surety may be released from
its liability on the same terms and conditions as are by law
prescribed for the release of individuals, it being the true in-
tent and meaning of this act to enable corporations created
for that purpose to become the surety on bonds required by
law, subject to all the rights and liabilities of private parties.
SEC. 2. Any company which shall execute any bond as su-
rety under the provisions of this act shall be stopped in any surety com-
proceedings to enforce the liability which it shall have assumed from deBnyIg
to incur, to deny its corporate power to execute such instru- its corporate
ment or assume such liability.
Approved February 12, 1885.



LAWS OF FLORIDA.



39











1885
CHAPTER 3598-[No. 43.J
AN ACT Fixing the Price at which certain Public Documents therein
named shall be Sold.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That from and
cClelan's after the passage of this act the price charged for the Digest
Digest. of the Laws of Florida, known as McClellan's Digest, shall be :
For copies bound in law calf, three ($3.00) dollars; and for
unbound copies, two ($2.00) dollars.
SEC. 2. That all laws and parts of laws inconsistent with the
provisions of this act are hereby repealed.
Approved January 28, 1885.



CHAPTER 3599-[No. 44.]
AN ACT to Fix Legal Hours of Sale.
The People of the State of Florida, represented in Senate
Legalholrs of and Assembly, do enact as follows: SECTION 1. That from and
sale. after the passage of this act all sales of property under execu-
tion or other process, shall take place on the first Monday of
the month between the hours of eleven and three; Provided,
In cases where the sales are not complete within the prescribed
hours, the same may continue until complete.
SEC. 2. That all laws conflicting with the provisions of this
act are hereby repealed.
Approved February 16, 1885.



CHAPTER 3600-[No. 45.]
AN ACT to Designate the Terms of the Circuit Court for the Fifth
Judicial Circuit of Florida.
The People of the State of Florida, represented in Senate
Spring terms. and Assembly, do enact as follows: SECTION 1. The times for
holding the Circuit Courts in the Fifth Judicial Circuit of
Florida, shall be as follows: The Spring Term: at the county
site of Sumter county, on the third Tuesday in March; at the
county site of Marion county, on the fourth Tuesday in March;



40



LAWS OF FLORIDA.











at the county site of Putnam county, on the second Tuesday 1885
after the fourth Tuesday in March; at the county site of Levy
county, on the fourth Tuesday after the fourth Tuesday in
March; at the county site of Alachua county, on the first
Tuesday after the fourth Tuesday in April. The Fall Term:
at the county site of Sumter county, on the first Tuesday in Fall terms.
October; at the county site of Marion county, on the third
Tuesday in October; at the county site of Putnam county, on
the second Tuesday in November; at the county site of Levy
county, on the fourth Tuesday in November; at the county
site of Alachua county, on the first Tuesday after the fourth
Tuesday in November.
SEC. 2. Be it further enacted, That all laws and parts of
laws conflicting with this act be repealed.
Approved February 12, 1885.



CHAPTER 3601-[No. 46.]
AN ACT to Change the Time of Holding the Circuit Court in the Sixth
Judicial Circuit.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That from and Spring Terms.
after the passage of this act the time for holding the Spring
Term of the Circuit Court in the several counties of the Sixth
Judicial Circuit shall be as follows: At the county site of
Manatee county, second Monday in March; at the county site
of Hillsborough, the fourth Monday in March; at the county
site of Monroe county, the second Monday in April; at the
county site of Hernando, first Monday in May; at the county
site of Polk county, the third Monday in May. Fall Term: F
County site of Hernando, the first Monday in October; county a Terms.
site of Hillsborough, the third Monday in October; county
site of Polk, second Monday after the third Monday in Octo-
tober; county site of Manatee, on the fourth Monday after the
third Monday in October; county site of Monroe, on the first
Monday in December.
SEC. 2. That all laws and parts of laws in conflict with this
act are hereby repealed.
Approved February 10, 1885.



LAWS OF FLORIDA.



41












1885
CHAPTER 3602-[No. 47.'
AN ACT to Amend Section 3 of Chapter 3306, Laws of Florida, approved
March 8th, A. D. 1881, being An act entitled An act to have Harbor
Masters of this State Appointed by the Governor.
The People of the State of Florida, represented in Senate
Harbor Masters and Assembly, do enact as follows: SECTION 1. That section
to give bond. 3 of said act be and the same is hereby amended to read as
follows: All Harbor Masters appointed for any ports in this
State shall give an approved bond in the sum of five hundred
dollars, payable to the Governor of the State, for the faithful
performance of their duty, such bond to be approved by the
Clerk of the Circuit Court of the county in which the port is
Deputies. situated. They shall have power to appoint as many deputies
as they require for the needs of their ports, such deputies to be
paid by said Harbor Master who employs them. It shall be
Duties of ar. the duty of said Harbor Masters to board either in person or
bor Master and
deputies. by deputy every vessel coming into their respective ports, and
to demand of the master of every vessel arriving from sea the
permit of the Port Physician, and to deliver the same to the
President of the Board of Health' of said port; it shall be the
duty of every master of vessels arriving at the ports in this
State to report to the Harbor Master for a station or for a
berth at the wharves, and the Harbor Master shall regulate and
station or assign berths at the wharves to said vessel; and it
shall be their duty to remove or cause to be removed from time
to time all vessels not employed in receiving and discharging
their cargoes, to make room for such others as require to be
more immediately occommodated, for the purpose of receiving
or discharging their cargoes, and to facilitate their dispatch.
It shall the duty of said Harbor Masters to be present at all
times either in person or by deputy to facilitate by stationing
or assigning berths at the wharves to vessels arriving at the
Penalty of ports, and to facilitate them in the discharging and receiving
persns resist their cargoes and to prevent confusion and delay. And the
ng Harbor
Master or dep- said Harbor Masters shall have full and absolute power to de-
uty. termine how far and in what instance it is the duty of masters
and others having charge of vessels to accommodate each other
in their respective situations, and if any master or wharf
owner or lessee of awharf or wharves, or other person, shall
oppose or resist the Harbor Master or his deputy or deputies
in the execution of his or their duties he shall be deemed guilty
of a misdemeanor and upon conviction thereof before a Justice
of the Peace be fined in a sum not exceeding fifty dollars for



42



LAWS OF FLORIDA.












each offence, or imprisonment not exceeding thirty days, one 1885
or both at the discretion of the court trying the same, and the
Harbor Masters respectively shall receive a compensation for
the duties required of them by this act from the owners, mas-
ters or consignees, or either of them, of every vessel arriving
at the port to receive or discharge cargoes, the following fees,
viz: For any vessel drawing less than ten feet the sum of five Fees.
dollars, and for any vessel drawing more than ten feet the sum
of one dollar for every additional foot of draft.
SEC. 2. That all laws and parts of laws that conflict or are
inconsistent with this act are hereby repealed.
Approved February 16, 1885.



CHAPTER 3603-[No. 48.]
AN ACT to Provide for the Appointient of Boards of Health in and
for the Several Counties of the State of Florida, and Define their
Powers.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. The Governor
of the State of Florida shall appoint for every county in this Governor to
appoint Boards
State a Board of Health consisting of five discreet persons, or Health.
not less than two of whom shall be physicians of skill and ex-
perience, to serve without pay as hereinafter provided.
SEC. 2. The term of office of each person appointed on such
Board of Health shall be four years, and all vacancies, however Term of office.
occurring, shall be filled by the Governor.
SEc. 3. A majority of the members of any such Board shall quorum.
constitute a quorum for the transaction of business.
SEc. 4. Every such Board shall annually elect a President
and a Secretary, who shall also serve as Treasurer, and shall President and
receive for his services such compensation and give bond with secretary.
such security as the Board deem proper.
SEc. 5. Every Board of Health, appointed under the pro-
visions of this act, shall be a corporation with power to sue Corporate
and be sued, contract and be contracted with, and to acquire powers.
and dispose of at pleasure property both real and personal,
and to dorevery other act necessary to the proper exercise of
such powers.
SEc. 6. The .county Commissioners of each county in the
State are empowered to assess and levy or cause to be levied county Com
and assessed a tax not to exceed in any year two mills on the levy a tax.



LAWS OF FLORIDA.



43










44 LAWS OF FLORIDA.

1885 dollar, at the request of the Board of the Health of the county
to enable such Board to defray the expenses of its operation.
SEC. 7. The Boards of Health of counties separated by any
Jurisdiction of lake, river, bay, or estuary, shall have concurrent jurisdiction
Boads of over such bodies of water, and where any Board of Health
shall locate any quarantine station beyond the limits of the
county for which it has been appointed, it shall have complete
jurisdiction over such station exclusive of the Board of the
county in which such station is located ; Provided, Public no-
tice be given by proclamation of the metes and bounds of
such station for ten days prior to the time when it is desired
that such jurisdiction shall attach.
SEc. 8. Every Board of Health thus created shall have full
Powers and power to act in regard to all matters pertaining to quarantine,
Boards. public health, vital statistics and the abatement of nuisances,
to appoint and suitably compensate a Port Inspector and such
other officers or agents as they may find necessary, who shall
be subject to removal at the pleasure of the Board; and any
person who shall interfere with, hinder or oppose any such
agent or officer or member of the Board in his or their dis-
charge of duty as such, shall be fined not exceeding one thou-
sand dollars.
SEc. 9. Every Board of Health thus created may, at any
To provide time, establish such quarantines as in their judgment is expe-
rules and reg- dient for the public welfare, and provide such rules and regu-
ulations of
quarantine. lations for the same as may be needful for the proper enforce-
ment of such quarantines; and after the establishment of any
quarantine against any port or place any person violating the
same shall be deemed guilty of a felony, and, upon conviction
violation o thereof, shall be punished by a fine of not more than five hun-
punished. dred dollars or by imprisonment in the State Penitentiary not
more than one year.
SEC. 10. Every such Board of Health may adopt such rules
How violations and regulations as they may, deem needful in the exercise oi
of any rules to
be pushed the powers and discharge of the duties created and imposed by
the provisions of this act; and any person who shall violate
any such rule or regulation, after the same has been printed fol
ten days in some newspaper printed in the county, shall be
punished by a fine not exceeding one thousand dollars or by
imprisonment in [the] penitentiary not exceeding two years, or
both, at the discretion of the court.
SEC. 11. Any such Board of Health may, by injunction
violation of issuing out of chancery upon bill filed, restrain the violation ol
rules may be any rule or regulation adopted by it for the protection of the
enjoined, public health; and in such proceeding no bond shall be exacted
from such Board.












SEC. 12. That section one of an act entitled an act to pro- 1885
vide a uniform system of quarantine in this State, approved
March 11, 1879, be amended so as to read as follows: The
Mayor, Aldermen and City Physician, if there be one, of
every incorporated city or town in this State of less than
three hundred registered voters shall be and are hereby con-
stituted a Board of Health for said incorporated city or town
Approved February 16, 1885.



CHAPTER 3604-[No. 49.]
AN ACT to amend an Act approved March 5th, 1883, entitled an Act to
amend section three of an Act to amend an Act entitled an Act to pro-
vide for the Incorporation of Cities and Towns, and to establish a
Uniform System of Municipal Government in this State, approved Feb-
ruary 4th, 1869, and the Acts amendatory thereof, and to further provide
for the Organization and Government of Cities, approved March 4th,
1879.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That section
one (1) of an act to amend section three (3) of an act to amend an
act entitled an act to provide for the incorporation of cities and
towns and to establish a uniform system of municipal govern-
ment in this State, approved February 4th, 1869, and the acts
amendatory thereof, and to further provide for the organization
and government of cities, approved March 4th, 1879, be and
the same is amended so as to read as follows: No city or Bonds, issue
town shall issue bonds to exceed five per cent. of the assessed limited.
value of the real and personal property within its incorporated
limits; Provided, that this limitation shall not operate to pre-
vent the issue by any city or town of additional bonds which
with the existing bonded indebtedness of such city or town
shall not exceed five per cent. of the. assessed value of the real
and personal property within its corporate limits.
Approved February 12, 1885.


CHAPTER 3605-[No. 50.]
AN ACT to Provide for the Levying of a Tax by Cities and Towns
for Water-works and Fire Protection.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That all incor-



LAWS OF FLORIDA.



45









46 LAWS OF FLORIDA.

1885 porated cities and towns in the State of Florida be and they
are hereby empowered to levy and collect a special tax annu-
ally for water-works and fire protection upon all property
within the corporate limits of any such city or town ; Provided,
That it shall require a two-thirds vote of the City or Town
Council to levy said tax and that thirty days' notice of the
intention to levy said tax shall be given by publication in
some newspaper published in said town once in each week;
Provided, further, That said tax shall not exceed five mills on
the State valuation of the property within such corporation.
SEC. 2. That the provisions of this act shall extend to and
are conferred upon provisional municipalities, and in such
cases the powers by this act vested in the City or Town Coun-
cil shall be exercised by the Board of Commissioners of such
provisional municipalities.
SEc. 3. All laws and parts of laws in conflict herewith be
and the same are hereby repealed.
Approved February 16, 1885.



CHAPTER 3606-[No. 51.]
AN ACT to Dissolve Municipal Corporations under Circumstances:
therein Stated and to Provide Provisional Goveramen4s for the Same.
The People of the State of Florida, represented in Senate
Repealof and Assembly, do enact as follows: SECTION 1. That wherever
charter, any city or town in this State incorporated under the act for
the incorporation of cities and towns, approved the 4th day of
February, A. D. 1869, is indebted to the amount of two hun-
dred thousand dollars and has defaulted and still defaults in
the payment of its interest account, the charter of such city or
town shall be and the same is hereby declared to be repealed
and the incorporation thereof dissolved.
SEC. 2. It shall be the duty of the Governor immediately
Proclamations upon the passage of this act to issue his proclamation of such
r the Govern- fact and transmit the same, together with a certified copy of
this act, to the Mayor of each and every incorporated city and
town in this State, and immediately after the expiration of fif-
teen days from the date of the issuance of said proclamation it
shall be the duty of the Governor to ascertain and declare by
conclusive evi- proclamation to what corporations the foregoing section ap-
dence. plies, and said proclamation shall be conclusive evidence of its
truth and shall be made as soon after the expiration of the said
fifteen days as the facts mentioned in the first section hereof
shall become known to him.









LAWS OF FLORIDA. 47

SEO. 3. That the officers of such dissolved corporations shall 1885
continue to be the custodians of the books, records, papers,
money, evidences of debt and property of every description and officers to act
nature, both real and personal, of such corporation, and shall until others
continue to exercise the functions of their respective offices so
far as may be necessary to preserve the peace and good order
of such city or town until the establishment of another govern-
ment and the appointment and qualification of officers under it
to whom it shall be the duty of the officer of such defunct cor- Old officers to
portion to transfer and deliver promptly on demand all books, deliver prop-
records, papers, evidences of debt, money and property of erty.
every nature and description, both real and personal.
SEC. 4. That the refusal of such officers or any of them to
deliver the books, records, papers, money, evidences of debt Penalty for
and other property, real or personal, of such defunct corpora- refusal to de-
tion, as required by section 3 of this act, shall be deemed a fel- lver property
ony, and on conviction thereof the officer or officers so con-
victed shall be punished by a fine not exceeding one thousand
dollars or imprisonment not exceeding twelve months, or both,
at the discretion of the court.
SEC. 5. It shall be the duty of the Governor to appoint a
Board of seven (7) Commissioners, residents of such city or Board of Corn-
town, who shall elect one of their number as President, and missioners.
also a President pro ter., who shall act as President in the ab-
sence of the President, and shall exercise the powers and func-
tions hereinafter provided, and shall hold their offices for four
years. In case of any vacancy caused by failure to accept,
resignation, death or otherwise, oh a certificate of the Presi-
dent of such vacancy, the Governor shall fill the same by ap-
pointment; and such President shall be vested with all the
powers and charged with all the duties belonging to the Mayor President to
under the said act of the 4th of February, A. D. 1869, Chapter
1688, and the amendments thereto, except as hereinafter pro-
vided.
SEC. 6. That all such cities and towns for which Commis-
sioners shall be appointed, as provided for in section 5, are Proviinay t
hereby declared to be provisional municipalities, the bounda- stand instead
ries of which shall be co-extensive with the boundaries of such ordoratssion
defunct cities and towns, and the said Commissioners and such
officers as may be appointed, and the inhabitants within the
limits of such cities and towns, shall be vested with all the pow-
ers and authority, rights and privileges, and charged with all
the duties which are conferred on the Aldermen and other offi-
cers, and the inhabitants, under and by virtue of the said act
to provide for the incorporation of cities and towns, approved
4th of February, A. D. 1869, Chapter 1688, and the amend-











1885 ments thereto, and other acts conferring power upon municipal
Corporations, except as hereinafter provided, and as may be in-
Ordinances in consistent with this act, and all ordinances in force in such de-
pfore until re- funct corporations shall remain in force until altered or repealed
by said Commissioners.
SEC. 7. That the said Commissioners so appointed shall take
Oath and proc- the official oath as provided in Section 5 of Chapter 1688, and
lamation to be
filed and re- a certified copy of the same, together with a certified copy of
corded. the proclamation of the Governor, shall be filed in the office of
the Clerk of the Circuit Court of the county in which such city
or town is situated, and shall be by him entered of record, and
for which he shall receive the fees provided by law for record-
ing deeds.
SEC. 8. That the said Commissioners shall appoint a Mar-
Marshal and shal and a Clerk, whose compensation shall be fixed by a
clerk. majority of the Board. The Marshal shall appoint such limi-
Police. ted number of police as may be authorized by the Board. The
said Clerk shall perform all the duties which appertain to the
office of City Clerk. The said Clerk and said Marshal shall
each enter into bond for the faithful performance of their re-
spective duties in sums to be fixed, and sureties to be approved,
by the Board of Commissioners, and shall take the official oath
required by law, and hold their respective offices during the term
of the Board unless sooner removed for just and sufficient
cause, to be determined by a majority of the said Board of
Commissioners.
SEC. 9. That the State and County 'Tax Assessor for the
Taxes, Assess- county in which such city is situated shall annually assess such
meant and col-
lection of. taxes as shall be ordered by the said Commissioners in the
manner provided by law for the assessment of State and
county taxes; and it shall be the duty of the State and County
Tax Collector for the county in which such city is situated
to collect said taxes at such times as may be ordered by the
said Board, and to enforce the payment thereof in the same
manner as is provided for the collection of the State and
county taxes, and to pay the same .monthly as the same may
Treasurer. be collected to the County Treasurer. The said State and
County Tax Assessor and Collector and said County Treasurer
Fees. shall be paid out of the taxes so collected the same fees as is
allowed them by law for the performance of their respective
duties.
SEC. 10. The said State and County Tax Assessor and Col-
Bond Co Asses- lector and County Treasurer, before entering upon the dis-
sor Collector
and Treasurer. charge of the duties imposed upon them under this act, shall
each give bond in sums to be fixed, and with sureties to be
approved by the Board of Commissioners for the faithful per-



LAWS OF FLORIDA.



48











formance of their respective duties; And it is further provided, 1885
That if any such Tax Assessor, Collector or Treasurer shall
fail to qualify as required that the said Board of Commission- Commissioners
er- shall appoint a suitable person in his place, who shall give ne appoint,
like bond and with sureties to be approved by said Board, and
who shall be authorized and empowered to perform all the
duties required by law of such Tax Assessor, Collector or
Treasurer.
SEC. 11. The said Board of Commissioners shall provide for
such reasonable and adequate compensation for the President Compdensat1on
of the Board as a majority of them shall deem fit, not to ex-
ceed ($1500) fifteen hundred dollars per annum.
SEC. 12. That it shall be the duty of the said Commissioners to
proceed immediately to levy a sufficient tax in addition to the Tax for ma-
other necessary taxes now required by law to discharge and pay toured indebted
the matured coupons of the bonds of such city and other ma- ness.
tured indebtedness; Provided, however, That no claim against
such city in existence at the time of the approval of this act What claims to
shall be paid until the same be reduced to judgment, unless the
said Board is satisfied of the justness and legality of the same;
and it shall also be the duty of the said Commissioners to levy
a special annual tax to meet the accruing annual interest of Special tax for
the bonds of the city. interest.
SEC. 13. That no claim against such city shall be paid until
the same is audited and allowed by the said Board of Comn- eaims ah
missioners, and then only on the order of the President coun- paid.
tersigned by the Clerk.
SEC. 14. That all provisional municipalities created under
the provisions of this act shall be empowered to sue and be ay sue and be
liable to be sued in the same manner as other municipalities in
this State.
SEC. 15. That all laws and parts of laws in conflict with the
provisions of this act be and the same are hereby repealed. Repeal.
Approved January 28, 1885.



CHAPTER 3607-[No. 52.J
AN ACT to amend Section Nine of an Act to dissolve Municipal Cor-
porations under circumstances therein stated and to provide Provisional
Government for the same, approved January 28, 1885, and to repeal the
Eighth Section of that Act.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That section
5



LAWS OF FLORIDA.



49












1885 nine (9) of an act entitled an act to dissolve municipal corpor-
ations under circumstances therein stated and to provide
Assessment provisional governments for the same, approved January 28,
ofaection 1885, be amended to read as follows: That the State and
County Tax Assessor for the county in which such city is
situated annually assess such taxes as shall be ordered by the
said Commissioners in the manner provided by law for the
assessment of State and county taxes; and it shall be the duty
of the State and County Tax Collector for the county in which
such city is situated to collect such taxes at such times as may
be ordered by the said Board, and to enforce the payment
thereof in the same manner as is provided for the collection of
State and county taxes and to pay the same monthly, as the
Treasurer. same may be collected, to the County Treasurer who shall be
treasurer of such provisional municipality. The said State and
County Tax Assessor and Collector shall be paid out of the
Feee. taxes so collected the same fees as is allowed them by law for
the performances of their respective duties; and it shall be the
duty of the Sheriff for the county in which such city shall be
Sheriff to be situated to perform the duties of Marshal for such provisional
marshal municipality, and to appoint, subject to approval and removal
Police. by the Board, such numbers of policemen as may be authorized
Clerk. by the Board; and it shall be the duty of the Clerk of the
county in which said city is situated to perform all the duties
Compensation, of City Clerk for said provisional municipality. The compen-
sation of such Marshal and Clerk shall be fixed by the Board.
Bond- of The said named officers shall enter into bonds in amounts to
officers.
be fixed and with securities to be approved by the Board for
the faithful performance of their duties; And it isfurtherprovi-
ded, That if any of the said officers shall fail to qualify as
Governor to ap- required, the Governor shall appoint a suitable person in his
point, when. place, who shall give like bond and with sureties to be approved
by the Board and who shall be authorized and empowered to
perform all the duties required by law of such officer.
SEC. 2. That section eight (8) of the aforesaid act be and the
Repeal. same is hereby repealed.
Approved February 12, 1885.


CHAPTER 3608-[No. 53.]
AN ACT to Amend Section two (2) of an act entitled An act to pro-
vide for the Relief of the City of Pensacola.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That Sec-



50



LAWS OF FLORIDA.










LAWS OF FLORIDA. 51

tion two (2) of an act entitled an act to provide for the relief 1885
of the City of Pensacola, being Chapter 3475, of the Laws of -
Florida passed at the 12th session of the Legislature of Flor- fTrsteen apnd
ida, be and the same is hereby amended so as to read as fol- duties of.
lows: The Governor shall appoint three Trustees, residents of
the City of Pensacola, to whom the warrants or certificates for
the said lands shall be made and delivered, or any funds accru-
ing to said city under this act shall be paid, said Trustees are
authorized to exchange or sell said lands and receive therefore
the bonds issued as aforesaid, or lawful currency with which
they shall redeem said bonds to the best advantage, and shall
cancel all bonds received and deliver the same when cancelled
to the Treasurer of said city and take his receipt for the same.
The said Trustees shall each give bond in the sum of ten Trutees o
thousand dollars previous to entering upon the discharge of
their duties with two good and sufficient sureties for the faith-
ful execution of their trust payable to the Governor or his
successors in office, the said bond to be approved by the Gov-
ernor, and the said Trustees shall make semi-annual statements To make semi-
annual state-
to the Governor of their acts and doings under their said Trus- ments.
teeship. The said Trustees shall receive and be paid as com-
pensation for their services, the sumn of two and one-half per Compensation.
centum in money upon all amounts received by them whether
the same be currency or land certificates, and a like compensa-
tion for disbursing. It is further made the duty of the former
Trustee, within sixty days after the passage of this act, to pay Former trustee,
over to the Trustees appointed under the provisions of this duty of.
act all moneys, and to turn over endorsed to the order of said
Trustees all certificates for land received up to date, and make
and deliver to such Trustees a full and complete statement of
its acts and doings under said Trusteeship, and in case of fail-
ure to comply with the provisions of this act by the said Trus-
tee, its officers, President, Vice-President and Cashier, shall Penalty for
each be fined in a sum not less than five hundred nor more failure to com-
ply with this
than one thousand dollars, or be imprisoned in the State Pen- act.
itentiary not less than one year, nor more than five years, and
all laws and parts of laws in conflict with the provisions
hereof are hereby repealed.
Approved February 12, 1885./











1885
CHAPTER 3609-[No. 54.J

AN ACT to Prevent Excessive Rates of Tariff over any Telegraph or
Cable Company within the State of Florida.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. From and after
Cabmessages, the passage of this act it shall not be lawful for any telegraph,
charges for
limited, cable company, or any company transmitting telegraph mes-
sages in the State of Florida.to charge and collect more than
four cents per word for the first ten words, exclusive of the
date, address and signature of any message transmitted over
any ocean or cable telegraph line, a distance of one hundred
miles; two cents per word for every additional word for the
same number of miles within the State of Florida. Propor-
tionate rates for any greater or less number of miles that any
message is transmitted. They shall also not charge more than
Othertelegramf, two cents per word for the first ten words of any message
charges for transmitted over any land telegraph line within the State for
limie the first one hundred miles, one cent per word for every addi-
tional word of any message for the same number of miles
within the State of Florida. Proportionate rates for any
greater or less number of miles that any message is transmit-
ted.
SEc. 2. That any agent, officer, or employee of any telegraph
Penalty. company in this State, who violates the provisions of this act,
shall be deemed guilty of a misdemeanor, and on conviction
thereof, shall be punished by a fine not exceeding one thous-
and dollars, or by imprisonment in the county jail not exceed-
ing six months, or by both such fine and imprisonment.
Approved February 11, 1885.



CHAPTER 3610--No. 55.1
AN ACT to Require Carriers in this State to Receive, Convey and De-
liver freight as agreed upon with Shipper.
The People of the State of Florida, represented in Senate
common carri- and Assembly, do enact as follows: SECTION 1. That public
ers must per- or common carriers in this State are required to carry and de-
form contract. liver all freights received by them for transportation according
to the terms of the contract under which they are received.
The bill of lading or other memorandum as made between the



52



LAWS OF FLORIDA.









LAWS OF FLORIDA. 53

consignor and carrier at initial points shall be considered as 1885
the evidence of direction by which freights are to be received, Bill of lading
carried and delivered by the common carriers in this State. evidence of
SEC. 2. That any officer, agent or employee of any common co t.
or public carrier in this State who violates the provisions of Penalty.
the foregoing section shall be deemed guilty of a misdemeanor,
and, on conviction thereof, shall be punished by a fine not ex-
exceeding five hundred dollars or by imprisonment not exceed-
ing six months, or by both such fine and imprisonment.
Became a law without the signature of the Governor February 22, 1885



CHAPTER 3611-[No. 56.]
AN ACT to Protect Mechanics, Laborers and Material Men, and to pro-
vide for the Summary Collection of Moneys due them for Wages or
Materials Furnished.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows : SECTION 1. That mechanics Who shall
and all other persons performing labor upon or furnishing ma- have lien.
trials for the construction or repair of any building, or who
may have furnished any engine or other machinery for any
mill, distillery or manufactory, shall have a lien, separately
and jointly, upon the building, distillery, mill, manufactory or To what prop-
machinery which they may have constructed or repaired, or upon y len shall
any building, mill, distillery, manufactory or machinery for
which they may have furnished material of any kind, and on
the interest of the owner in the lot or land upon which such
building, mill, distillery, manufactory or machinery may stand,
to the extent of the value of any labor done or material fur- Extent of lien.
nished, or for both.
SEc. 2. It shall be the duty of .any person or persons who
shall contract to build or repair any house, mill, distillery, Contractors to
furnish lists of
manufactory, machinery or any other building, or who shall persons who
sub-contract for all or any part of the construction or repair may acquire
thereof, shall furnish to the person or persons having such
building constructed or repaired, or in his or their absence
then his or their authorized agent, a correct and complete list
of the names of sub-contractors, mechanics and laborers to be
employed in the building or repair of such house or other
building, the names of all persons who may have furnished
materials for the construction or repairs of such building, mill,
distillery, manufactory or machinery, as well as the names of
all persons acquiring alien upon such house, mill, distillery,












1885 manufactory or machinery, under section one of this act ; and
any contractor or sub-contractor failing or refusing to furnish
the list of names provided by this section, such failure or re-
fusal may be plead in bar of such contractor's or sub-contrac-
Failure of tor's recovery against the owner or owners of such building,
cntiracr today unless it can be shown that the claims of all sub-contractors,
be pleaded in mechanics, laborers and material men for labor and for mate-
bar, when. rials furnished for the construction or repairs of such build-
ing, mill, distillery, manufactory or machinery have been fully
paid off and discharged.
SEC. 3. That if any contractor or sub-contractor shall receive
Misapplication any money or other consideration as a payment upon any
controancor house or other building erected or being built or repaired upon
penalty for. any promise made, the owner or owners, person or persons
having such house or other building constructed or repaired,
that such money shall be expended in paying the sub-contrac-
tors, mechanics, laborers and material men for .work done upon
and material furnished in the construction or repair of such
house or other building, and who shall, having received such
payment, fail or refuse to pay such sub-contractors, mechanics,
laborers and material men, according to such promise, shall be
guilty of obtaining money under false pretences, and punished
as provided by statute in such cases.
SEC. 4. That in addition to any lien now given by law, any
Lienonarticle person who shall manufacture, alter or repair any article of
manufactured, value, shall have a lien upon the same for a period of ninety
altered or re- days after the delivery of the same to the purchaser or person
having such article or articles altered or repaired, if the same
be delivered on credit, with written stipulations for a lien ; and
such article so delivered shall at any time within said ninety
days be subject to attachment to satisfy all claims of the per-
Attachment. son so delivering the same, upon an affidavit of the facts before
a Justice of the Peace, and after judgment is obtained, the
same may be sold according to law to satisfy such judgment.
SEc. 5. All persons, of whatsoever trade or craft, performing
Lien of person any labor whatsoever upon and with any machinery, apparatus,
laboring uon fixtures, or any other thing, shall have a lien on such ma-
chinery, &c. chinery, apparatus, fixtures, or things, for a period of ninety
days from the date of failure or refusal of the owners thereof
to pay for such labor performed upon and with such machinery,
apparatus, fixture or things; and at any time within said
ninety days such machinery, apparatus, fixtures or thing shall
Attachment. be subject to attachment to satisfy the lien hereby created.
This section shall be so construed as to give printers and other
Lien of printers employes of printing offices and other similar establishments,
and others, stores, etc., a lien upon the presses, types, stock, fixtures, etc.,



LAWS OF FLORIDA.



54










LAWS OF FLORIDA. 55

of such establishment. The attachment in this case shall be 1885
enforced as provided in section four of this act. Attachment.
SEC. 6. Before issuing the attachment, as provided in section
four, the attaching creditor shall, in addition to the affidavit Affidavit and
bond for attach-
that such article was manufactured, altered or repaired (as the ment.
case may be) and delivered upon the promise of the person to
whom the same was delivered that the same should be paid for
within ninety days file,a bond in double the value of the article
or articles attached, to secure the defendant against loss or
damage in case such attachment is issued and the attaching
creditor shall not prove his claim, or his attachment dismissed.
SEc. 7. That if any person shall receive any article or Penalty for dis-
articles mentioned in section four of this act, on credit, and posing of or
encumbering
give a written promise to pay for the same, with a stipulation certain articles
that a lien shall exist on such article or articles for the pay- object to lien.
ment thereof, shall sell, dispose of or encumber the same before
payment, without written permission from the creditor, shall
be deemed guilty of a misdemeanor, and punished by a fine in
double the amount of the debt due on such article or articles,
or by imprisonment in the county jail not longer than six
months.
SEc. 8. That when proceedings are brought to enforce a lien
given by this act by sub-contractors, mechanics, laborers or Notice tocon-
others, against the owner of such building or articles before tractor and
enumerated, the court shall require a notice to be given to the
contractor or others interested, to defend the same.
SEC. 9. The liens created by this act shall be enforced by
attachment obtained in manner provided by law, and the Liens enforced
courts of this State shall always be open to hear and determine by attachment.
such cases, give final judgment, and issue execution immediately, courts always
to the end that there shall be no delay in the enforcement of open.
and collection of such claims.
SEc. 10. That all judgment costs, reasonable attorney fees,
and expenses rendered necessary in enforcing the liens provi- costs and fees.
ded by this act shall be paid by the defendant, providing the
attaching creditor shall sustain his claim.
SEc. 11. That all laws or parts of laws inconsistent with Repeal.
this act are hereby repealed.
Approved February 16, 1885.










56 LAWS OF FLORIDA.

1885
CHAPTER 3612-[No. 57.J
AN ACT to give to Laborers Engaged in Loading or Unloadine Ves-
sels, Ships or other Water-craft in this State a first lien on such Vessels
Ships or other Water-crafts, for the wages earned by them in loading or
unloading the same.
The People of the State of Florida, represented in Senate
Lien. and Assembly, do enact as follows: SECTION 1. That hereafter
all laborers employed in loading or unloading any vessel, ship
or other water-cratt in any port or harbor of this State, shall
have a first lien on such vessel, ship of other water-craft, her
tackle, apparel and furniture, for the wages earned by them in
loading or unloading such vessel, ship or other water-craft, un-
til such wages are fully paid, whether such laborers have been
employed by the owner, master or other agent of the owner of
such vessel, ship or other water-craft, or whether they have
been employed by any other person or persons to load or un-
load such vessel, ship or other water-craft. Such lien may be
enforced by suit against the owner or owners of such vessel,
Enforcement of ship or other water-craft in any court of this State having ju-
lien. risdiction of the amount involved therein, in the same manner
whether by ordinary suit or by attachment, as claims for ser-
vices done and performed under contract are now enforced.
SEC. 2. That any person desiring to avail himself of the
Statement to benefits of this act, shall within three days after the comple-
be delivered to tion of the loading or unloading of such vessel, ship or other
Mate. water-craft, and before bringing suit on his claim, cause to be
delivered to the master or mate of such vessel, ship or other
water-craft, a statement in writing, showing the number of
days such laborer has worked in loading or unloading such ves-
sels, ship or other water-craft and the amount due to such la-
borer therefore, which said statement shall be duly sworn to by
such laborer, and if the amount set forth in such statement re-
main unpaid for twelve hours after the delivering of such state-
ment to such master or mate, the person to whom the same is
due may bring suit thereon forthwith.
SEC. 3. That after the institution of suit as provided in the
Vessel not to foregoing section, it shall be unlawful for the master
wit hot bond. of such vessel, ship or other water-craft to remove, cause or
permit to be removed such vessel, ship or other water-craft be-
yond the limits of the county in which such vessel, ship or
other water-craft was at the time of the institution of suit
as aforesaid, unless he executes and files in the court in which
such suit is instituted, in double the amount claimed, a bond
with two good and sufficient sureties, to be approved by the










LAWS OF FLORIDA. 57

Clerk of the Circuit Court, if the suit is there instituted, or 1885
by the County Judge or the Justice of the Peace in whose
court the suit is instituted, conditioned for the payment of the
amount of the plaintiff's claim, if he obtains a judgment in
such suit.
SEC. 4. That any person who violates the provisions of the
foregoing section shall be deemed guilty of a misdemeanor, Penalty for
and on conviction thereof shall be punished by a fine not ex-
ceeding five hundred dollars, or by imprisonment in the county
jail not exceeding six months, or by both such fine and impris-
onment.
SEC. 5. That all laws and parts of laws in conflict with the Repeal.
provisions of this act be and the same are hereby repealed.
Approved February 16, 1885.



CHAPTER 3613-[No. 58.]
AN ACT regulating the Sale of Beef under circumstances therein provi-
ded for.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That in each Ears and hides
and every market or' place where fresh beef butchered in the to be brought
county is offered for sale, either at wholesale or retail, it shall to market.
be the duty of the butcher or vendor offering such beef for sale,
eo bring to said market or place where said beef is offered, the
ears and hides of such beef so offered for inspection as herein-
after provided for.
SEC." 2. That it shall be the duty of the County Commis-
sioners to appoint a clerk for such market or place where such Clerkof market
beef is offered, who shall be sworn by any officer authorized to appointment
administer oaths, whose duty it shall be to inspect ears and an duties of.
hides of all beef brought to such market and shall keep a true
and correct record of all marks, brands, colors of such ears
and hides, and on the 30th day of each month shall place all
such records in the office of the Clerk of the Circuit Court
subject to inspection at all times; Provided, That in no case
shall there be more than one such clerk in any election district.
SEC. 3. That such clerk shall collect from each butcher or
vendor the sum of twenty-five (25) cents for each and every Feee.
hide inspected.
SEC. 4. In precincts where there exists no market or regular While inmar-
place where beef is offered for sale, any butcher or butchers, ketears a
vendor or vendors, offering fresh beef for sale shall keep the hibited.











1885 ears and hide of such beef open to public inspection so long as
he or they may offer the said beef for sale.
SEc. 5. Any failure on part of any butcher or butchers, ven-
Penalty. dor or vendors, to comply with the requirements of this law
shall be punished by a fine of not less than twenty-five (25)
nor more than fifty (50) dollars, or by imprisonment in the
county jail not less than thirty (30) or more than sixty 60
days or both at the discretion of the court for each and every
offence.
Approved February 16, 1885.



CHAPTER 3614-[No. 59.]
AN ACT to Define what are Food Fish, and for the further Protection
of the same.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. It shall not be
fined and ro- lawful for any one to catch or capture any of the following
tected. fish: Mullet, trout, red fish, sheephead, pompano, mackerel,
blue fish, red snapper, grouper or juarell, within the waters
under the jurisdiction of the State of Florida for the purpose
of making oil, fertilizer and compost therefrom.
SEc. 2. Any person who shall violate the provisions of this
Penalty. act shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be fined in a sum not exceeding one hundred dol-.
lars or imprisonment for a period not exceeding two months,
or both, [at] the discretion of the court.
SEC. 3. All laws and parts of laws conflicting with the true
Repeal. intent.and meaning of this act are hereby repealed.
Approved February 16, 1885.



CHAPTER 3615-[No. 60.]
AN ACT for the Protection of Oysters.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That from and
Dredges and after the passage of this act it shall be unlawful for any person
hinted pro or persons to use a dredge or dragnet for the purpose of gath-
ering or catching oysters from any of the natural oyster bars in
any of the waters within the jurisdiction of this State.



58



LAWS OF FLORIDA.












SEC. 2. Any person violating the provisions of this act shall 1885
upon conviction be fined in a sum not less than fifty dollars nor
more than one hundred dollars, or be imprisoned for a period Penalty.
not more than sixty days nor less than thirty days, one or both
at the discretion of the court for each offence.
SEc. 3. All laws or parts of laws in conflict with this act are Repeal.
hereby repealed.
Approved January 28, 1885.



CHAPTER 3616-[No. 61.]
AN ACT to fix the Liability of Owners or Operators of Log Drives or
Ditches in certain cases.

The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That all per- Liabilityof
sons, firms, corporations or associations of any character own- i of l10og
ing or operating open log drives or ditches for floating logs or
timber, running through a section of country open to stock or
cattle, shall be held in every case of injury to, or loss of, any
stock or cattle, by their falling into such ditch or drive, to
be liable to pay to the owner or owners the full amount and
value of the damage thereby sustained.
SEc. 2. That all laws, provisions or parts of laws in conflict
with the provisions of this act be and the same are herebyepea
repealed.
Approved February 4, 1885.



CHAPTER 3617-[No. 62.]
AN ACT to Prohibit the Indiscriminate Digging of Holes in the Woods.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That any per- Offence defined
and penalty af-
son or persons digging a pit in the open woods and leaving the fixed.
same unfilled with earth shall be considered guilty of a misde-
meanor, and shall be punished by a fine of not less than five dol- county com-
lars. Said law shall take effect only in such counties where the adopt.
Board of County Commissioners shall adopt the same.
Approved February 12, 1885.



LAWS OF FLORIDA.



59









60 LAWS OF FLORIDA.

1885
CHAPTER 3618-[No. 63.]

AN ACT for the Protection of the Keepers of Livery, Sale and Feed
Stables.
The People of the State of Florsda, represented in Senate
Lien for food and Assembly, do enact as follows: SECTION 1. That all keep-
and care of ers of Livery, Sale and Feed Stables in this State shall have a
lien upon any horse or other animal put in their charge for
feeding or taking care of said animal, and that the owners
shall not have a right to recover the possession of any such
animal as against the person so having the same in charge,
until all amounts due for feeding or taking care of such animal
shall be paid.
Repeal. SEC. 2. All laws and parts of laws in conflict with the
provisions of this act be and the same are hereby repealed.
Approved February 4, 1885.



CHAPTER 3619-[No. 64.]

AN ACT to Declare what shall be aLawful Fence or Enclosure to Lands
Owned by Anyone.
The People of the State of Florida, represented in Senate
aletrial and and Assembly, do enact as follows: SECTION 1. All fences or
enclosures to land shall be substantially constructed, whether
with rails,logs, post and railings, iron, steel, or other material,
and not less than five feet high, and to the extent of two feet
from the ground there shall not be a space between the mate-
rial used in the construction of any fence greater than four (4)
inches; and when any fence is constructed out of wire there
shall be a plank or board on or near the top of said fence, or,
instead of said board.or plank, the top wire in any wire fence
shall be a wire provided with wood or metal tablet; Pro-
Ditch. vided, That when any fence or enclosure shall be made with a
trench or ditch, the same shall be four feet wide; and in that
case the fence shall be five feet high from the bottom 'of the
ditch to the top of the fence.
SEC. 2. If any trespass or damage shall be committed on any
No trespass if garden, orchard, plantation or settlement, not being fenced or
fuleot ia- enclosed as provided in the first section of this act, by the
irruption, breaking in or straying of any cattle, horse, sheep,
goat or swine, the owner of the same shall not be liable to an-
swer for such trespass, or to make good or satisfy any damage










LAWS OF FLORIDA. 61

or injury that shall happen or be committed by reason thereof; 1885
and in case any person shall kill, maim, hurt or destroy, or
cause to be killed, maimed, hurt or destroyed any cattle, horses,
sheep, hogs, goats or swine so trespassing and straying or
breaking into any garden, orchard, plantation or settlement
not fenced and enclosed in manner as by this act is directed,
all and every such person and persons shall anwser and make
good to the owner or owners thereof all such injury and dam-
ages as he, she or they shall sustain thereby, the same to be
recovered before any court having jurisdiction over the same;
SEC. 3. That section one of the act of June 11th, 1823, Repeal.
as amended by act of December 13, 1824, and section 2 of the
act of June 11, 1823, be, and the same is hereby repealed, and
all other acts in conflict with this act.
SEC. 4. That all wire fences made of barbed wire, not less
than five feet high, tightly stretched on posts, not more than wire fence
twenty feet apart, the bottom wire not less than eighteen inches against cows
from the ground, the second wire not more than twelve inches and horses.
above the first, and the third wire not more than eighteen
inches above the second, with a plank or.board or metal tablet,
as provided in section one of this act, shall be a legal fence
to the extent of affording the same protection to the owners of
such fences against cows and horses as is provided in the
foregoing sections of this act.
Approved February 9, 1885.



CHAPTER 3620-[No. 65.]

AN ACT to Provide a Punishment for Carrying Concealed Weapons
and for the Trial of such Offence, Giving the Circuit Court jurisdic-
tion of the same.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. Whoever shall carrying arms
carry arms of any kind whatever secretly on or about their hite pro
persons or whoever shall have concealed on or about their per-
son any dirk, pistol or other arm or weapon, except a common
pocket knife, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined not exceeding one hun- Penalty.
dred dollars or imprisoned in the county jail not exceeding six
months.
SEO. 2. That the Circuit Court of this State shall have ex-
clusive original jurisdiction to try and determine all cases of jgrisction of.
violation of this act, and it shall be the duty of the Circuit











1885 Judges of the several Circuits to charge the Grand Juries
S specially upon the crime of carrying concealed weapons, and
Grat Jury. the State Attorneys of the several Circuits shall receive a fee
Fee for convic- of ten dollars for each and every conviction, under this act,
tion. to be paid as other conviction fees.
SEC. 3. It shall be the duty of the Sheriff or other officer
Forfeiture of making any arrest under this act to take possession of any arms
found upon the person arrested under this act and retain the
same until after the trial of such person, and if he be convic-
ted, then the said arm or arms shall be forfeited, and the Sher-
iff shall sell the same at public sale and account for and pay
over the proceeds of this sale [the] same as in case of fines col-
lected, but if such person be acquitted then the said arm or
arms shall be returned to him.
SEC. 4. That all laws and parts of laws be and the same are
Repeal. hereby repealed in so far they are in conflict with the provisions
hereof.
Approved February 12, 1885.



CHAPTER 3621-[No. 66.]
AN ACT to Amend Section Fifty-one ot Sub-chapter Four of an act en-
titled an act to Provide for the Punishment of Crime and Proceedings
in Criminal Cases, approved August 6, 1868.
The People of the State of Florida, represented in Senate
counterfeiting and Assembly, do enact as follows: SECTION 1. That section
trade mark &c. fifty-one of an act entitled an act to provide for the punish-
ment of crime and proceedings in criminal cases, approved Au-
gust 6, 1868, be amended so as to read as follows: Whoever
knowingly and wilfully forges or counterfeits, or causes or
procures to be forged or counterfeited, upon any goods, wares
or merchandise, the private label, stamps or trade marks of any
mechanic or manufacturer, knowing the same to be forged or
counterfeited without disclosing the fact to the purchaser, shall
Fraudulently be punished by imprisonment in the county jail not exceeding
mark or irani, six months or by fine not exceeding fifty dollars, or if any per-
'' son shall fraudulently destroy or change the mark or brand of
any animal, or shall fraudulently mark or brand any unmarked
animal with intent to claim the same, or to prevent identifica-
tion by the true owner or owners thereof, the person or persons
penalty so offending shall be punished by imprisonment in the State
S Penitentiary not less than six months and not exceeding five
years, or by fine not exceeding five hundred dollars, at the dis-
cretion of the court.



62



LAWS OF FLORIDA.











SEC. 2. All laws and parts of laws in conflict with the provi- 1885
sions of this act be and the same are hereby repealed. Repeal.
Approved February 4, 1885.



CHAPTER 3622-[No. 67.]
AN ACT to repeal an Act entitled an Act fixing a punishment for Horse
Stealing, approved December 13, 1866.

The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That the act Repeal.
entitled an act fixing a punishment for horse stealing, approved
December 13, 1866, be and the same is hereby repealed.
Approved February 3, 1885.




CHAPTER 3623-[No. 68.]
AN ACT to Make the Stealing of Certain Domestic Animals therein men-
tioned a Felony, and to Provide for the Punishment thereof.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows : SECTION 1. Whoever corn- Larceny of
mits larceny by stealing any cow, bull, ox, steer, heifer or calf, certain animals
hog, sheep or goat, the property of another person, shall be
deemed guilty of a felony, and, on conviction, shall be pun-
ished by a fine of not more than five hundred dollars or im-
prisonment in the State Penitentiary not more than two years.
SEC. 2. All laws and parts of laws in conflict with the pro- Refusal not to
visions hereof are hereby repealed; [Provided,] That the pas- afect pending
sage of this act shall not affect any indictment now pending indictment.
Approved February 12, 1885.



CHAPTER 3624-[No. 69.]
AN ACT to permanently locate the B.undary Line between the Counties
of Liberty and Franklin in this State.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That from and



LAWS OF FLORIDA.



63











1885 after the passage of this act the line dividing the Counties of
Liberty and Franklin shall run as follows: Beginning at a
Line between point on the Apalachicola River known as the mouth of Owl
ierand Creek; thence up the western bank of said creek to where the
counties de- same intersects the middle section line of section 26 of Town-
flned, ship 5, south of range 8 west, thence due east along the middle
section lines to the Ocklocknee River.
SEO. 2. It shall be the duty of the.County Commissioners of
Duty of County the Counties of Liberty and Franklin to cause said line to be
Commissioners run and marked with proper posts or mounds or in some plain
and permanent manner.
SEC. 3. The Surveyors running and making such line shall
Fees of Survey receive the fees now provided by law for services of County
Surveyor.
Approved February 16, 1885.



CHAPTER 3625-[No. 70.]
AN ACT to amend An Act to Define the Boundary Line Between the
Counties of Lafayette and Taylor in this State, Chapter 3470, approved
January 31, 1883.
The People of the State of Florida, represented-in Senate
Boundary line and Assembly, do enact as follows: SECTION 1. That section
defined, one of an act to define the boundary line between the counties
of Lafayette and Taylor in this State, approved January 31st,
1883, be amended to read as follows: That the boundary lines
between the counties of Lafayette and Taylor, in this State,
shall be as follows, to-wit: Commencing at the line dividing
counties of Madison and Lafayette on the range line between
nine and ten, running south along said line to the Steinhatchie
river, thence along said river to the Gulf of Mexico.
Approved February 12, 1885.



CHAPTER 3626-[No. 71.]
AN ACT to Define the Incorporate Boundaries of the Town of Green
Cove Springs.
The People of the State of Ilorida, represented in Senate
and Assembly, do enact as follows:
WHEREAS, The records of the town of Green Cove Spring



LAWS OF FLORIDA.



64









LAWS OF FLORIDA. 65

show that the boundaries of the town of Green Cove Spring 1885
are not clearly defined; therefore, be it
Resolved, That the boundaries of said town of Green Cove
Spring shall be as follows:
SECTION 1. Commencing at the southeast corner of the tract Boundaries de-
of land known and described upon the records of Clay county, fined.
Florida, as the "Palmer and Ferris Tract," and running thence
northerly to the westerly edge of the channel of the St. Johns
river; thence along the edge of said channel to the mouth of
Governor's Creek; thence along the southern and eastern mar-
gin of said creek to the southwest corner of the aforesaid
Palmer and Ferris Tract; thence along the southern boun-
dary line of said tract to the place of beginning.
SEC. 2. All laws or parts of laws in conflict with this act are Repeal.
" hereby repealed.
Became a law without the signature of the Governor February 22, 1885.



CHAPTER 3627-[No. 72.]
AN ACT to Fix the Boundary Lines of the Town of Bartow and to Le-
galize the Town Government of the Same.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That the Boundaries de-
boundary lines of the town of Bartow, in Polk county, in this aned.
State, shall be as follows: Beginning at the point where the
line dividing sections five and six intersects the McKinney
Branch, running thence east one mile and fourteen chains to
a stake, thence west two miles and fourteen chains to a stake,
thence north to the south bank of the McKinney Branch, and
thence along said south bank of said branch to the starting
point.
SEC. 2. That the government of the town of Bartow, in Polk
county, be and the same is hereby declared to be legal and Town govern-
valid, and all the ordinances passed by said government and ment legalize.
all official acts of said town government are hereby legalized
and declared valid, unless the same be in conflict with the Con-
stitution or laws of this State.
Became a law without the signature of the Governor February 22,
1885.
6










66 LAWS OF FLORIDA.

1885
CHAPTER 3628-[No. 73.]
AN ACT Declaring the Town of Orlando, Incorporated under the laws
of this State, a' Incorporated City under the laws of this State.
The People of the State of Florida, represented in Senate
Corporation and Assembly, do enact as follows: SECTION 1. That the town
lelz of Orlando, in the county of. Orange, incorporated under the
laws of this State, be and the same is hereby declared to be in
all respects a legally incorporated city, with all the powers
incident thereto, under the laws of Florida.
SEC. 2. That all laws and parts of laws in conflict herewith
Repeal. be and the same are hereby repealed.
Approved February 4, 1885.



CHAPTER 3629-[No. 74.]
AN ACT to Legalize the City Government of OJala, Florida, to fix the
Corporate Limits and to provide a Common Seal therefore.
WHEREAS, The town of Ocala, Florida, was duly incorpora-
Preamble. ted and reorganized under the provisions of an act entitled an
act to provide for the incorporation of cities and towns and to
establish a uniform system of municipal government in this
State, approved August 6th, A. D. 1868, and an act with the
like title approved February 4th, A. D. 1869; and under said
incorporation the limits of the said corporation were fixed at
one thousand yards in every direction from the centre of the
court house situate on the public square in the said town of
Ocala, and a common seal was adopted by the voters incorpora-
ting and reorganizing the said municipal corporation; and
whereas; the official records of such incorporation and reor-
ganization have been lost, and there are doubts or pretended
doubts of the legality of such incorporation and reorganization
and of the extent of its corporate limits and the legality of its
corporate seal; and whereas, the said municipality at its last
annual election had within its corporate limits three hundred
registered voters, now therefore,
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That the muni-
Legalmnunici- 'cipality of Ocala is hereby declared to be a legally incorporated
pity and reorganized municipality under the various acts of the
Legislature of this State, and entitled to all the rights and










LAWS OF FLORIDA. 67

privileges of a municipal corporation containing three hundred 1885
registered voters.
SEc. 2. That the corporate limits of the said municipality
are hereby declared to extend one thousand yards in every lirmtes
direction from the centre of the court house situate on the pub-
lic square in said town of Ocala, and the Mayorand Aldermen
of said town are hereby empowered by ordinance duly passed seal.
and published to adopt a common seal, which shall be the
legal common seal of said municipality.
SEc. 3. That all ordinances heretofore passed and all acts
and doings heretofore done by and through the Mayor, Town Ordinances and
Council, Tax Assessor and Collector or other officer of said doingslegalized
town, not in conflict with the .laws of this State, are hereby
declared to be as legal and valid as if the record of such incor-
poration and reorganization had been in existence and upon
record.
SEC. 4.'That the said municipality of Ocala is hereby
authorized and empowered to exercise all the powers and Powers, rights.
privileges of a city containing three hundred registered voters.
SEc. 5. That all laws and parts of laws in conflict with the
provisions of this act be, and the same are hereby repealed.
Approved January 28, 1885.



SCHAPTER 3630-[No. 75.]
AN ACT to Legalize the Corporation of the Town of Sumterville,
and Fix the Boundaries thereof.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That theincor- Corporate
porate limits of the town of Sumterville, in the county of limits.
Sumter, shall commence at the southwest corner of section thir-
teen (13), in township twenty (20), south, range twenty-two
(22), east, running then due east thirteen hundred and twenty
(1320) yards, then due north eight hundred and eighty (880)
yards, then due west thirteen hundred and twenty (1320)
yards, and then due south along the section line eight hundred
and eighty (880) yards to the place of beginning.
SEC. 2. That the officers elected at the election held on the
15th day of November A. D. 1884, who were constitutionally Actsanddoings
qualified, and who have taken the oath of office, shall be recog- gf lized
nized as the municipal officers of the said town of Sumterville,
and that all ordinances passed by said Board of Aldermen
and all acts done and performed by the Mayor, Marshal or











1885 other officers of said town of Sumterville, not in conflict with
the Constitution and laws of the State, are hereby declared
valid in law and equity, and of full force and effect.
SEC. 3. That the said incorporation of the town of Sumter-
Maysettle out- ville shall have full power and authority to settle any outstand-
debtedness. ing indebtedness of the old corporation of the town of Sum-
terville, on such terms as may be most advantageous to the
said town of Sumterville.
Became a law without the signature of the Governor, February 22,1885.



CHAPTER 3631-[No. 76.]
AN ACT to Legalize the Incorporation of the Town of DeLand, in the
County of Volusia, and to Declare the Incorporation of the Town of
DeLand Valid and of full Force and Effect.

The People of the State of Florida, represented in Senate
Municipal or- and Assembly, do enact as follows: SECTION 1. That all of the
organization
legalized, acts done and performed in the organization and incorpora-
tion of the town of DeLand, in the county of Volusia, are de-
clared to be valid and legal in law and equity, and to be
considered valid and binding by the laws of the State of
Florida.
SEC. 2. That all acts done and performed by the Board of
Actsand doings Aldermen, Mayor, Marshal and other officers of said incor-
galized. portion of the town of DeLand, and all assessments and col-
lections of taxes done and performed by the incorporation of
the town of DeLand, are hereby legalized and declared valid
and of full force, virtue and effect, and binding in law and
equity.
Approved January 28, 1885.



CHAPTER 3632-[No. 77.]
AN ACT to Legalize the Incorporation of the Town of Kissimmee City,
in the County of Orange, and to Declare the Incorporation of the Town
of Kissimmee City Valid and of full Force and Effect.
The People of the State of Florida, represented in Senate
Organization and Assembly, do enact as follows: SECTION 1. That all the
legalized, acts done and performed in the organization and incorporation
of the town of Kissimmee City, in the county of Orange, are



68



LAWS OF FLORIDA.











declared to be valid and legal in law and equity and to be con- 1885
sidered valid and binding by the laws of the State of Florida.
SEC. 2. That all acts done and performed by the Board of Actsof officers
Aldermen, Mayor, Marshal and other officer of said incorpora- valid.
tion of the town of Kissimmee City are declared to be of full
force and validity, and all assessments and collection of taxes
done and performed by the incorporation of the town of Kis-
simmee City are hereby legalized and declared valid and of
full force, virtue and effect and binding in law and equity.
Approved January 28, 1885.



CHAPTER 3633-[No. 78.]
AN ACT to Legalize the Incorporation of the Town of Brooksville, in
the County of Hernando, and to Declare the Incorporation of the Town
of Brooksville Valid and of full Force and Effect.
WHEREAS, Some doubts have been expressed as to the le-
gality of the act of incorporation of the town of Brooksville
effected in 1880; now, therefore,
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That all of Organization
the acts done and performed in the organization and incorpora-lesa an vald.
tion of the town of Brooksville, in the county of Hernando,
in 1880, are declared to be valid and legal in law and in equity,
and to be considered valid and binding by the laws of the
State of Florida.
Became a law without the signature of the Governor February 22, 1885.




CHAPTER 3634-[No. 79.J
AN ACT to Legalize the Incorporation of the Town of Enterprise in
the County of Volusia, and to declare the Incorporation of Enter-
prise Valid and of full Force and Effect.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That all the Acts and organ-
acts done and performed in the organization and incorporation ization !e-
of the town of Enterprise, in the county of Volusia, are de- gained.
dared to be legal and valid in law and equity, and to be con-
sidered valid and binding by the laws of the State of Florida.
Became a law without the signature of the Governor February 22, 1885.



LAWS OF FLORIDA.



69









70 LAWS OF FLORIDA.

1885
CHAPTER 3635-[No. 80.J
AN ACT to Legalize the Incorporation of the Town of Micanopy, in the
County of Alachua in the State of Florida, and to Declare the Incor-
poration of the Town of Micanopy, Alachua county, Florida, Valid
and of full Force and Effect.

The People of the State of Florida, represented in Senate
Organization and Assembly do enact as follows: SECTION 1. That all of
legalized, the acts done and performed in the organization and incorpo-
ration of the town of Micanopy, in the county of Alachua and
State of Florida, are hereby declared to be valid and legal in
law and in equity, and to be considered valid and binding by
the laws of the State of Florida.
Became a law without the signature of the Governor February 22,
1885.



CHAPTER 3636-[No. S1.]
AN ACT to Legalize the Incorporation of the town of Crescent City in
the county of Putnam, and to declare the Incorporation of the town of
Crescent City Valid and of full Force and Effect.
The People of the State of Florida, represented in Senate
Organization and Assembly, do enact as follows: SECTION 1. That all the
legalized, acts done and performed in the organization and incorporation
of the town of Crescent City in the county of Putnam are
declared to be legal and valid in law and equity, and to be con-
sidered valid and binding by the laws of the State of Florida.
Became a law withoutthe signature of the Governor February 22,1885.




CHAPTER 3637-rNo. 82.1
AN ACT to Legalize the Incorporation of the Town of Chipley, in the
County of Washington, and to Declare the Incorporation of the Town
of Chipley Valid and of full Force and Effect, and to Define the Ter-
ritory to be Embraced in said Incorporated Town.

The People of the State of Florida, represented in Senate
Acts and or- and Assembly, do enact as follows: SECTION 1. That all of
fegai ed the acts done and performed in the organization and incorpo-
ration of the town of Chipley, in the county of Washington,









LAWS OF FLORIDA. 71

are declared to be valid and legal in law and equity, and to be 1885
considered valid and binding by the laws of the State of Flor-
ida.
SEC. 2. That the incorporated limits of said town of Chipley Limit.
shall extend over and embrace all of section four (4) in town-
ship four (4), north of range thirteen (13), west.
Became a law without the signature of the Governor February 22,
1885.



CHAPTER 3638-[No. 83.J
AN ACT to Provide bor the Incorporation of the Settlement of Belle-
vue in Marion county, Florida, to Allow Certain Persons to Vote upon
Incorporations and all Questions Relating to said Town or City Gov-
ernment.
WHEREAS, The settlement of Bellevue, in Marion county,
Florida, has been made within two years past, and most of the Preamble.
persons thereon residing are from other States, and were not
eligible to register at the last registration by reason of not
having resided in the State twelve months at that time, and
hence cannot become registered voters of the county until the
county registration books shall be again opened two years
hence; and
Whereas, The territory situate in said county in township
sixteen, range twenty-two (22), township sixteen, range twenty-
three (23), and township seventeen (17), range twenty-two,
contains many persons otherwise eligible to register and vote,
and it is desirable to incorporate a town in the flourishing set-
tlement; therefore,
The People of the State of Florida, represented in Senate
Assembly, do enact as follows:
SECTION I. That whenever it shall be proposed to incorpor-
ate any part of the territory mentioned in the preamble of this Who eligible to
bill as a town or city, all persons otherwise eligible to vote vote cupon -
upon the question of incorporation residing in the limits pro- portion.
posed to be incorporated, shall have as full right to vote upon
said question as if they were registered voters of the county,
and all male persons of the age of twenty-one years not con-
victed of crime or otherwise disqualified to vote, shall have a
full right to register and vote in such town or city so incorpor-
ated, and upon all town or city questions, and at all town elec-
tions, as if they were registered voters of the county of Ma-
rion.









72 LAWS OF FLORIDA.

1885 SEC. 2. That all laws and parts of laws in conflict with the
provisions of this act be and the same are hereby repealed.
Approved February 16, 1885.



CHAPTER 3639-[No. 84.]
AN ACT authorizing the Governor to appoint a Committee to investigate
and ascertain what quantity of Land and the number of Acres the
Atlantic and Gulf Canal and Okeechobee Land Company has reclaimed
for the State, and other purposes.
WHEREAS, The report of the Commissioner of Lands and
Preamble. Immigration shows that there was in the year 1883 conveyed
by the Internal Improvement Board to the Atlantic and Gulf
Coast Canal and Okeechobee Land Company nine thousand
three hundred and seventy-three 95-100 acres'of lands, and in
1884 to the same company one million one hundred and sixty-
five thousand five hundred and sixty-nine 11-100 acres of land;
and there are grave doubts expressed by many of the people
of this State as to the amount of land actually reclaimed by
the work performed by the Atlantic and Gulf Coast Canal and
Okeecbobee Land Company, and as it is of great interest to
the people of the whole State that a close and rigid investiga-
tion be had of the work performed and the quantity of land
actually reclaimed to the State; therefore,
The People of the State of Florida, represented in Senate
Governor to ap- and Assembly, do enact as follows: SECTION 1. That the Govern-
ittee to invest or be and is hereby authorized and empowered to appoint a
tigate canals. special committee consisting of two discreet practical men,
who are in no way connected or in anywise interested, directly
or indirectly, with any canal, land or railroad company, whose
duty it shall be to make thorough investigation of the number
of canals dug, the length, width and depth of the same, along
a line or route commencing at Kissimmee City in Orange
county, running thence along the Kissimmee river to Lake
Okeechobee, thence to the Caloosahatchee river and along or
near the same to Fort Myers, in Monroe county, examining all
canals along said route closely as to their capacity for carrying
off the waters along said route and their probable influence on
the waters adjacent to or along said line of canals.
SEC. 2. It shall be the duty of said committee to take into
Duties of com- consideration the fact that there has been three years of
missioners. drought in this State, and to ascertain by the best and most
practicable means as to the depth of the water courses along











said route, and to what extent they have lowered or reduced, 1885
and the number of acres of land reclaimed thereby, taking into
consideration the fall or reduction of water-courses in other
sections of the State where there are no canals and report
whether said fall or reduction of water and reclamation of land
were caused by drought and other natural causes or from
actual work performed by the Atlantic and Gulf Canal and
Okeechobec Land Company.
SEC. 3. It shall be the duty of said committee to determine
whether or not there were lands conveyed to said company subject to over-
that were never subject to overflow, and if they find there was, flow conveyed.
what number of acres or-thereabout were so conveyed.
SEc. 4. Said committee shall ascertain by actual survey and
by interrogating the citizens along said line of canals what manner of s-
land, if any, has been reclaimed, and if any, what area of land land was re-
and the number of acres that were so reclaimed, and whether claimed.
such reclamation was caused by the work actually performed
by said Atlantic and Gulf Coast Canal and Okeechobee Land
Company and report the facts of these investigations to the
Governor.
SEC. 5. If, from the report of said committee it is found
that the Internal Improvement Board have conveyed to the heneralntne
said Atlantic and Gulf Coast Canal and Okeechobee Land bring suit to
Company lands that they have not earned or reclaimed, that reclaim land.
the Governor instruct the Attorney-General to take such steps
as are necessary to recover the lands so conveyed and to
institute suit, if necessary for the recovery of the same.
SEC. 6. That the sum of one thousand dollars be and the
same is hereby appropriated to pay the expenses of said corn- Appropriation.
mittee, and the Internal Improvement Fund is hereby author-
ized to pay the same upon the Governor's warrant.
Approved February 16, 1885.



CHAPTER 3640-[No. 85.]
AN ACT to Confirm the Organization of the Jacksonville and Atlantic
Railroad Company and Enlarge its Corporate Powers.
WHEREAS, John Q. Burbridge, J. J. Daniel, James M,
Schumacher, H. S. Ely, F. F. L'Engle, S. B. Hubbard, M. M. corporators.
Drew, P. McQuaid, W. T. Forbes and W. A. McDuff have
formed and organized a company for the purpose of construct-
ing, maintaining and operating a railroad for public use in



73



LAWS OF FLORIDA.









74 LAWS OF FLORIDA.

1885 the conveyance of persons and property, under the corporate
name of the Jacksonville and Atlantic Railroad Company, un-
der the terms and provisions of the general law for the incor-
Commence- portion of railroad companies, from the south bank of the
en"ta comn' river St. Johns opposite to the city of Jacksonville, Duval
county, Florida, to a point on the Atlantic, at or near section
33, township 2, south, range 29, east; whereas, in order to the
success of the enterprise of said railroad company, namely, to
build up and maintain a sea-side resort at the southern termi-
nus of its said line of road, it is necessary that said company
have enlarged powers, and inasmuch as the success of the
aforesaid enterprise must tend to the public good by provid-
ing the people with a sea-side resort of easy access; there-
fore,
The People of the State-of Florida, repreLted in Senate
Gante and and Assembly, do enact as follows: SECTION 1. -That the said
franchises. the Jacksonville and Atlantic Railr6ad Company shall have,
exercise and enjoy all of the rights, privileges and franchises
granted by the act of the Legislature of the State of Florida
entitled an act to provide a general law for the incorporation
of railroads, approved February 19th, 1874, and amendments
of said law, for the purpose of constructing, equipping, main-
taining and operating a railroad for the transportation 'of
freight and passengers as a common carrier from the city of
Jacksonville, Florida, to and along the coast of the Atlantic
ocean.
SEc. 2. That said, the Jacksonville and Atlantic Railroad
Have boat con- Company shall have and may exercise the right to convey by
nection on St. their own boats, propelled by steam or otherwise, across the
Johns River. St. Johns river, from or near the city of Jacksonville, between
such points of connection as may be established by the Board
of Directors of said company, passengers and freight and mails
contracted to be carried over their line, but said company shall
have no right to exercise any privilege of a ferry company, ex-
cept in connection with and for the use and benefit of their
line of railroad. The said Jacksonville and Atlantic Rail-
road Company is authorized to enter into a lease or con-
tract with the Jacksonville Ferry Company or other corpora-
tion or person having or claiming to have, or who may here-
after have or claim to have, general ferry franchise at or near
the city of Jacksonville to convey freight, passengers and mails
and across said river.
SEC. 3. That said Jacksonville and Atlantic Railroad Con-
Powers over pany shall have and exercise sanitary and police powers and
sea side tei mi- p
nun. control over the sea-side terminus of their said line of railroad,
and to thatend the Board of Directors is empowered to ordain











and establish rules and regulations of sanitation and police 1885
within the limits of the aforesaid sea-side terminus of said rail,
road, designed and adapted to the preservation of the cleanli-
ness, health, peace and good order of the same, and to appoint
all such police and sanitary agents as are necessary to carry
out the end proposed as aforesaid; Provided, That the said
rules and regulations shall not conflict with the Constitution
or laws of the State or the United States.
Approved January 29, 1885.



CHAPTER 3641-[No. 86.]
AN ACT to Grant Lands to the Florida Coast Line Canal and Trans-
portation Company to make up Deficiencies along its Present and Pro-
posed Extended Line, and for the Establishment of Telegraph and
Telephone Lines.
WHEREAS, The Directors of the Florida Coast Line Canal
and Transportation Company are desirous of extending their Preamblo.
work of internal improvement from' Biscayne bay to Key West
by excavating a sufficient channel over the flats and shallow
waters between said points, where there will be smoother water,
so that the light-draught steamers and boats navigating the
said improvements of the rivers, creeks and lagoons can safely
and with certainty, in ordinary weather, make regular trips on
the same to and from Key West, and propose filing additional
articles of association in accordance with Section twelve (12)
of Chapter thirty-nine (39) of the Laws of Florida, in Mc-
Clellan's Digest, for the extension of the Florida Coast Line
Canal and Transportation Company from the present terminus
of said improvement to Key West;. and, whereas, on account
of the contiguity of the Atlantic Ocean to the eastern side of
the said canal and improvement to be made, and the waters of
the Gulf on the west and north, and also of the numerous,
Spanish and other grants adjacent and on the borders of the
proposed improvement, a deficiency of the grant of land made
to it of 3,840 acres per mile occurs; therefore,
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That the State Land grant.
of Florida hereby grants to the Florida Coast Line Canal and
Transportation Company a sufficiency of lands to make up
the deficiency of the grants heretofore made to it of 3,840.
acres per mile, caused by and on account of Spanish and o' defiiency
other grants contiguous, and the water of the Atlantic Ocean
*



LAWS OF FLORIDA.



75











1885 adjacent to it on the east interfering, the said deficiency to be
-determined by the Trustees of the Internal Improvement Fund,
and the amount found to be due said company to be selected
by said company from any even and odd numbered sections
lying nearest to its line of improvements, not to exceed ten
miles, for making navigable for an extended commerce at all
seasons and stages of water the lagoons and creeks and rivers,
for their whole length, by dredging the-shallow places or oyster
and sand bars, which now prevent it; Provided, That the said
company, for and in consideration of the grant of lands made
in this bill, shall never charge the State for any freight trans-
ported over said canal, or for the passage of State troops in
time of public danger or when ordered out by the Governor.
SEC. 2. Be it further enacted, That the deficiency of lands
fhee nde hereby granted to said Florida Coast Line Canal and
to lie. Transportation Company shall be selected from lands granted
to the State of Florida by the United States under the act of
Congress September 28th, 1850, and which be nearest to its'
improvements; Provided, The State of Florida shall have a
sufficient quantity of lands for said purpose not heretofore
granted to other corporation; And provided, That the State
State not liable of Florida shall not be in anywise liable to cure any defects
to cure defects
as to title, in the titles to lands hereby granted; and this grant of land
is made expressly subject to the full satisfaction of all lands
granted previously to other corporations which now are, or
may hereafter become, perfected; but nothing herein shall be
construed to mean that the said Florida Coast Line Canal and
Transportation Company shall be debarred of the right to any
lands which may now or hereafter be forfeited to the State by
corporations, or from other sources, and lying within the limits
aforesaid,; And provided further, That any actual settler,
who now resides on land hereafter selected by virtue of this
act, may purchase any of said lnds granted by this act, not to
Actual settlers. exceed one hundred and sixty (160) acres, at such schedule rates
or prices, and under such rules and regulations, as now are, or
hereafter may be, established by the Trustees of the Internal
Improvement Fund, the money, however, to be paid for such
lands shall enure to said company upon the construction of
said improvement to a point or line opposite to the land so
settled upon and purchased.
SEC. 3. Be it further enacted, That upon the filing with the
Landto bc Secretary of State, by said canal company, the line of their
S route from the northeast end of Biscayne bay to Key West, or
of ten miles or more of said route, the Trustees shall with-
draw from sale, at the election of said company or its Presi-
dent, the odd and even numbered sections of lands on the
0



76



LAWS OF FLORIDA.









LAWS OF FLORIDA. 77

mainland fosix miles distant from the shore thereof and op- 1885
posite the route so filed.
SEc. 4. Be it further enacted, That the said Florida Coast May operate
Line Canal and Transportation Company may and shall have telegraph or
power to construct, maintain and operate a telegraph or tele- telephone lines.
phone line from St. Augustine to Biscayne bay and Key West,
supplying intermediate points, and lay and. operate sub-marine
telegraph lines to any foreign ports from any point on said line.
Approved February 6, 1885.



CHAPTER 3642-rNo. 87.]
AN ACT to Amend Sections 2, 7 and 8 of an act entitled An Act to
Incorporate the Seville and Halifax River Railroad Company, ap-
proved March 5th, 1883.
The People of the State of Florida, represented in Senate oute.
and Assembly, do enact as follows: SECTION 1. That Section 2
of an act entitled "an act to incorporate the Seville and Halifax
River Railroad Company," approved March 5th, 1883, be and the
same is amended so as to read as follows, to wit: That the line of
the said road shall be as follows, to wit : Beginning at Seville on
Lake George, in the county of Volusia, and running thence in
an easterly direction, and by the most practicable route to a
point at or near Daytona, on the Halifax river, in said county;
-Provided, That upon the completion of the Palatka and Indian
River Railroad to a point so far south as to give transportation
northward by rail or steamer, the western terminus of the
Seville and Halifax River Railroad may be the point of its in-
tersection with said Palatka and Indian River Railroad.
SEC. 2. That Section 7 of said act be and the same is Commence-
amended so as to read as follows: That said company shall ment and com-
commence the construction of said Railroad within six months pletion.
from the approval of this act and complete the same before
the first day of February, 1887.
SEC. 3. That Section 8 of said act be and the same is
amended so as to read as follows: That said company shall Use land or
have the right to construct their road over the land of any timber.
person or persons by complying with the provisions of an act
to provide a general law for the incorporation of railroads and
canals, approved 19th February, 1874, and the amendments
thereto.
Approved February 7, 1885.










78 LAWS OF FLORIDA.

1885
CHAPTER 3643-[No. 88._
AN ACT to Amend Section Four (4) of an act entitled An Act
Granting aid for the Construction of the Thomasville, Tallahassee
and Gull' Railroad.

The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That Section
Four (4) of an act entitled an act granting aid for the con-
struction of the Thomasville, Tallahassee and Gulf Railroad,
approved February 7th, A. D. 1883, be amended so as to read
as follows:
S Sec. 4. That the provisions of this act shall vest no rights in
ment com the said Thomasville, Tallahassee and Gulf Railroad Company
pletion. to the lands hereby granted, unless the construction of said
road shall be commenced within six months from the passage
and approval of this act, and be carried on with reasonable
progress, and no benefit shall be derived on account of any
part of the road constructed after five years from the passage
and approval of this act.
Approved February 10, 1885.



CHAPTER 3644-[No. 89.]
AN ACT to Continue and Extend the Charter of the Green Cove Springs
and Melrose Railroad Company, and to Preserve and Extend its Land
Grants.
The People of the State of Florida, represented in Senate
Ac: of revival. and Assembly, do enact as follows: SECTION 1. That the act
of incorporation and the charter thereby granted to the Green
Cove Springs and Melrose Railroad Company, passed and
granted by the Legislature of Florida on the 28th of Febru-
ary, A. D. 1881, be and the same is hereby revived, extended
and continued, with a branch to Starke, in Bradford county,
and the grant of lands therein or in any subsequent act con-
tained is hereby extended and continued until the 1st day of
January, A. D. 1886, and the past failure of said company to
fully comply with the requirements of any act of the Legisla-
ture shall work no prejudice to them.
SEC. 2. Be it further enacted, That if there be not sufficient
Land grant ex- lands in the odd numbered sections lying within six miles of
tended, the line of said railroad to enable said railroad company under
any grant heretofore or hereby made them to obtain the full












amount of three thousand eight hundred and forty acres per 1885
mile, the said company is hereby granted enough lands from
any other sections, either even or odd, of the lands granted to
Florida by act of Congress of September 28th, 1850, to make
up the deficiency; Provided, Said lands shall be within twenty
miles of the line of said railroad.
SEc. 3. The lands so granted shall be deeded and conveyed How land
to said company in proportionate quantities as they shall grade deeded.
and iron each section of five miles.
Approved February 11, 1885.



CHAPTER 3645-[No. 90.]
AN ACT to amend Sections 4, 5 and 6 of an Act entitled an Act to
confirm the organization of the Jacksonville, St. Augustine and Halifax
River Railway Company and to grant certain Ferry Privileges and
Lands to said Company, approved February 28, 1881.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows : SECTION 1. That section six to completing
of said act as amended by section (2) two of an act entitled an certain part of
act to amend an act entitled an act to confirin the organization
of the Jacksonville, St. Augustine and Halifax River Railway
Company and to grant certain ferry privileges and lands to
said company, approved February 26, 1883, be amended so as
to read as follows, to-wit: Section 6. That as to that portion
of the projected line of said road of said company which lies
between St. Augustine and the head-waters of the Halifax
River, no rights shall vest under this act, and no benefit shall
be claimed for or on account of any of said portion of the pro-
jected line of railroad of said company which shall be con-
structed after the 28th August, 1886, and the time for the
grading and ironing of that portion of the said railroad is
hereby extended to the 28th August, 1886, and that the time
for constructing and completing the projected line of said rail-
road to or near New Smyrna in Volusia County, or to any
point beyond the head-waters of the Halifax River, be extended
to the 28th February, 1888.
SEC. 2. That section 4 of said act, approved February 28th,
1881, be amended so as to read as follows: Section 4.'That Land grant.
upon the completion of each section of six miles and a fraction
of six miles at the terminus of said railroad, in accordance
with such plans and specifications of construction as may be
agreed upon between the Trustees of the Internal Improve-



LAWS OF FLORIDA.



79










80 LAWS OF FLORIDA.

1885 ment Fund and the Board of Directors of said company, it
shall be the duty of said Board of Trustees to convey to said
company the alternate sections of the lands granted to the
State of Florida by the United States under an act of Con-
gress of September 28th, 1850, lying on each side of the line
of said railroad so completed, for a distance of six miles.
That upon the filing with the said Board of Trustees by said
company of the survey of the route which may be selected by
said company, or any twenty miles thereof, the Trustees shall
withdraw, at the election of said company or its President, the
odd or even numbered sections within such limits of six miles
along or opposite the route or section thereof of twenty miles
so surveyed, from sale, to be selected from such lands within
the six mile limit aforesaid, if there be a sufficiency of such
lands within said limit.
SEc. 3. That section 5 of said act of 28th February, 1881,
Land grant. be so amended as to read as follows, to-wit: Section 5. That
when there is an insufficiency of such lands lying along and
within the distance of six miles aforesaid of the line of said
railroad to make up the number of acres of land hereby granted
to said company, in that event the deficit shall be located else-
where nearest to said line of railsoad and within twenty miles
of the line of said road, and from such lands as the State may
hereafter acquire under the act of the Congress of the United
States, known as the Swamp Indemnity Act of 1856, and the
same are hereby granted to said company by the State of
Florida; Provided, however, That the grant of lands made by
this section is made subject to the rights of all creditors of the
Internal Improvement Fund and to the trusts to which said
fund is applicable, and subject under the act entitled an act to
provide lor and encourage a liberal system of internal im-
provements in this State, approved January 6th, 1855, and
subject to control, management, sale and application of said
fund, and the lands constituting the same by the Trustees of
the Internal Improvement Fund for the purposes of said trust
under said act; Provided, however, That the title to the lands
granted under this section is not to vest until they shall be
released from the indebtedness existing against said trust fund,
it being the purpose of this section to grant the residuary
interest of the State in the lands granted by said act of Sep-
tember 28th, 1850, after satisfaction has been made of said
indebtedness, to the extent or in the quantity indicated hereby,
to aid said railroad company; And provided further, That all
lands withdrawn from sale or granted to said company under
or by this act or included in any grant heretofore made to
said company, the time for earning which is hereby extended,











shall be subject to entry at State prices to the amount of one 1885
hundred and sixty acres to each person by any person who
now resides thereon, or who may settle thereon before the
completion of said railroad, and in either case the money paid
by such settler shall be held by the State to the use of the said
railroad company and be paid to it when and as it shall become
entitled to the lands so entered; And provided, That neither
the State of Florida nor the.Board of Trustees of the Internal
Improvement Fund shall be liable to make good any deficiency
which may occur in the quantity of lands granted hereby, by
reason of the same not being found vacant within the limits
aforesaid, nor for any defect there may be in the title to said
lands; And provided, That this grant of land is made expressly
subject to the full satisfaction of all land granted previously
to other corporations; but nothing herein shall be so con-
strued as to mean that the Jacksonville, St. Augustine and
Halifax River Railroad Company shall be debarred of the
rights to any lands which may now or hereafter be forfeited to
the State by corporations or from other sources and lying
within the limits aforesaid.
Approved February 11, 1885.




CHAPTER 3646-[No. 91.]
AN ACT to Amend Section 6 of Chapter 3383, being An act to In-
corporate the Orange Ridge, DeLand and Atlantic Railroad Company,
and to extend its corporate powers.
The People of the State of Florida, represented in Senate commonce-
and Assembly, do enact as follows: SECTION 1. That Section meant and con-
six of Chapter 3332, of the Laws of Florida, being an act peton.
to Incorporate the Orange Ridge, DeLand and Atlantic Rail-
road Company, be amended so as to read as follows : That said
company shall commence the construction of said railroad
within thirty days from the time said act becomes a law, and
carry on the same with reasonable progress, and shall complete
the same before the first day of January, 1888; Provided,
however, That no lands shall be granted to aid in constructing
this road since January 1st, 1883, except the alternate sections
within six miles on either side thereof; Provided further,
That in the event the company cannot obtain the 3840 acres Land grant.
per mile within the limit aforesaid, then they shall be entitled to
select the deficiency within twenty miles of said road; Pro-



LAWS OF FLORIDA.



81









82 LAWS OF FLORIDA.

1885 vided further, That in selecting such deficiencies no prior
grant of land granted to any other corporation and not for-
feited, shall be interfered with.
Approved February 16, 1885.



CHAPTER 3647-[No. 92.]
AN ACT to Amend Section One of an Act entitled an Act to Incorporate
the Atlantic and Mexican Gulf Canal Company, and to Grant Certain
Privileges therein named, approved March 1, 1883.
The People of the State of Florida, represented in Senate
and Assembly, do enact as followS: SECTION 1. That section one
of an act entitled an act to incorporate the Atlantic and Mexi-
can Gulf Canal Company, and to grant certain privileges
therein named, approved March 1st, 1883, be and the same is
hereby amended so that the same shall read as follows: Sec-
tion 1. That authority is hereby given to said Atlantic and
Mexican Gulf Canal Company, together with George F. Drew,
Corporators. J. J. Finley and S. A. Swann, of Florida, and S. L. Burns,
Alex. Curtis and Wi. Rogers, of Savannah, Georgia, to extend
the said canal from the St. Marys river, in Georgia, via the
Rate. Okeefinokee swamp, across the State of Florida to the Gulf
coast of the State, by such routes as the company may find the
most convenient and practicable to enable it to carry out the
purposes in view, as before stated in the preamble, and to ex-
tend it along the Gulf coast as far as the western limits of the
Privileges. State, and to connect with any water-way which would com-
municate with Mobile or New Orleans, and the exclusive privi-
lege of constructing such canal and such slack-water works as
will hereafter be described, over a section ten miles in width,
both sides of the route solicited for the canal, is hereby granted
and confirmed to said company, and said exclusive privilege
shall not be taken from said company or its assigns; Provided,
mentanmceem- The line of said canal is selected and marked within three
pletion. years from the passage of this act, and that ten miles of said
canal are finished within four years thereafter, and that said
canal is completed in ten years thereafter.
Approved February 16, 1885.









LAWS OF FLORIDA. 83

1885
CHAPTER 3648-[No. 93.]
AN ACT to Continue the Rights, Privileges, Powers, Franchises and
Grants of the Florida Midland and Georgia Railroad Company, and
to Extend the Time of the Completion of the same.
The People of the State of Florida, represented in Senate
and Assembly, do enact as follows: SECTION 1. That the rights, Timeofcom-
privileges, powers, franchises and grants conferred upon the letion extend-
Florida Midland and Georgia Railroad Company by an act
entitled "an act to incorporate the Florida Midland and Geor-
gia Railroad Company, and grant certain lands to the same,"
being Chapter 3337, Laws of Florida, be and the same are
hereby continued, and the time limited by said act for the com-
pletion of the same is hereby extended five years during which
time said company shall be entitled to all the rights, privileges
and grants originally conferred by said act above mentioned;
Provided, however, That no land shall be granted to aid the
construction of said railroad after the twelfth day of March,
18y6, except the alternate sections on each side of said road
for six miles; Provided further, That in case said 3840 acres Land grant.
cannot be obtained within six miles that the limit may extend
twenty miles; Provided, however, That any actual settlers Actual settlers.
may purchase any of said lands granted by this act, not to ex-
ceed one hundred and sixty acres to such actual settler, at
State prices, and the money paid for said lands shall enure to
the said road, when that portion of their line shall be comple-
ted, which would otherwise vest said lands in said company.
Approved February 16, 1885.



CHAPTER 3649-[No. 94.]
AN ACT to Amend Section Six of an act entitled An Act to Grant
Certain Lands to the Silver Springs, Ocala and Gulf Railroad Com-
pany.
The People of the State of Florida, represented'in Senate
and Assembly, do enact as follows: SECTION 1. That Section Time of corn-
six (6) of Chapter 3170, entitled an act to grant certain lands pletion extend-
to the Silver Springs, Ocala and Gulf Railroad Company, ap-
proved March 12th, A. D. 1879, be and the same is hereby re-
pealed, and the following substitute provided instead thereof:
That no rights shall vest under said act to which this is an









84 LAWS OF FLORIDA.

1885 amendment, and no benefits shall be claimed for or on account
of any part of said road constructed after December, A. D.
1888.
Approved February 16, 1885.



CHAPTER 3650-[No. 95.]
AN ACT to Indemnify the St. Johns and Halifax Railroad Company.
Yhe People of the State of Florida, represented in Senate
Land grant, and Assembly, do enact as follows: SECTION 1. That whereas
the St. Johns and Halifax R. R. have obtained a charter
under the act entitled an act to provide a general law for the
incorporation of railroads and canals, approved February 19,
1874, and the amendments thereto, to build a railroad from
Rawlston, in Putnam county, on the St. Johns river, to a point
on the Halifax river, in Volusia county, at or near New Brit-
ton; therefore, to aid said company to complete and maintain
their line of railroad, be it enacted, that the State of Florida
hereby grants to the said St. Johns and Halifax Railroad Com-
pany the alternate sections or thirty-eight hundred and forty
acres per mile of the lands granted by the United States to the
State of Florida under an act of Congress of September 28,
1850, lying on each side within six miles of their line of rail-
road, located and now in process of construction from Rawl-
ston, in Putnam county, to New Britton; Provided, Said
company shall comply with the provisions of the act entitled
an act to provide for and encourage a liberal system of inter-
nal improvements in this State, approved January 6th, 1855,
and the amendments thereto, as to the manner of constructing
said railroad.
SEc. 2. That in case there is an insufficiency of such lands
How deficiency lying along and within the distance aforesaid of the said line
made u, of railroad, held by the State of Florida, to make up the num-
ber of acres included in the, above grant to the said company,
in the event the deficit shall be located elsewhere nearest and
within twenty miles of said line of railroad in alternate sections
as aforesaid, now held by or that may hereafter accrue to the
State of Florida and which do not come under the provisions
of any other charter heretofore granted by the State of Florida
and now in force, and said lands are hereby granted to said
SSt. Johns and Halifax Railroad; Provided, That said lands
shall be subject to entry at State prices to the amount of one
hundred and sixty acres by any persons who now reside thereon