• TABLE OF CONTENTS
HIDE
 Front Cover
 Table of Contents
 Constitution of the United...
 Acts of the Legislative Counci...
 Acts of the Legislative Council...
 Acts of the Legislative Council...














Title: Acts of the Legislative Council of the Territory of Florida
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00073402/00003
 Material Information
Title: Acts of the Legislative Council of the Territory of Florida
Uniform Title: Laws, etc. (Session laws 1822-1833)
Physical Description: 23 v. : ; 25 cm.
Language: English
Creator: Florida
Publisher: Printed at the Office of the Florida Intelligencer
Place of Publication: Tallahassee
Publication Date: 1822-1833
 Subjects
Subject: Law -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
 Notes
Dates or Sequential Designation: 1st (1822)-11th sessions (1833).
General Note: Imprint varies.
 Record Information
Bibliographic ID: UF00073402
Volume ID: VID00003
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 18494349
 Related Items
Succeeded by: Laws of the Legislative Council of the Territory of Florida

Table of Contents
    Front Cover
        Front Cover 1
        Front Cover 2
    Table of Contents
        Table of Contents 1
        Table of Contents 2
        Table of Contents 3
    Constitution of the United States
        Page i
        Page ii
        Page iii
        Page iv
        Page v
        Page vi
        Page vii
        Page viii
        Page ix
        Page x
        Page xi
        Page xii
        Page xiii
        Page xiv
        Page xv
        Page xvi
        Page xvii
        Page xviii
    Acts of the Legislative Council
        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
    Acts of the Legislative Council passed at the second session thereof, 1823
        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
        Page 137
        Page 138
        Page 139
        Page 140
        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
    Acts of the Legislative Council passed at the third session thereof, 1824-5
        Page 156
        Page 157
        Page 158
        Page 159
        Page 160
        Page 161
        Page 162
        Page 163
        Page 164
        Page 165
        Page 166
        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
        Page 181
        Page 182
        Page 183
        Page 184
        Page 185
        Page 186
        Page 187
        Page 188
        Page 189
        Page 190
        Page 191
        Page 192
        Page 193
        Page 194
        Page 195
        Page 196
        Page 197
        Page 198
        Page 199
        Page 200
        Page 201
        Page 202
        Page 203
        Page 204
        Page 205
        Page 206
        Page 207
        Page 208
        Page 209
        Page 210
        Page 211
        Page 212
        Page 213
        Page 214
        Page 215
        Page 216
        Page 217
        Page 218
        Page 219
        Page 220
        Page 221
        Page 222
        Page 223
        Page 224
        Page 225
        Page 226
        Page 227
        Page 228
        Page 229
        Page 230
        Page 231
        Page 232
        Page 233
        Page 234
        Page 235
        Page 236
        Page 237
        Page 238
        Page 239
        Page 240
        Page 241
        Page 242
        Page 243
        Page 244
        Page 245
        Page 246
        Page 247
        Page 248
        Page 249
        Page 250
        Page 251
        Page 252
        Page 253
        Page 254
        Page 255
        Page 256
        Page 257
        Page 258
        Page 259
        Page 260
        Page 261
        Page 262
        Page 263
        Page 264
        Page 265
        Page 266
        Page 267
        Page 268
        Page 269
        Page 270
        Page 271
        Page 272
        Page 273
        Page 274
        Page 275
        Page 276
        Page 277
        Page 278
        Page 279
        Page 280
        Page 281
        Page 282
        Page 283
        Page 284
        Page 285
        Page 286
        Page 287
        Page 288
        Page 289
        Page 290
        Page 291
        Page 292
        Page 293
        Page 294
        Page 295
        Page 296
        Page 297
        Page 298
        Page 299
        Page 300
        Page 301
        Page 302
        Page 303
        Page 304
        Page 305
        Page 306
        Page 307
        Page 308
        Page 309
        Page 310
        Page 311
        Page 312
        Page 313
        Page 314
        Page 315
        Page 316
        Page 317
        Page 318
        Page 319
        Page 320
        Page 321
Full Text






OF THE


LEGISLATIVE COUNCIL

OF THE


Territory of Florida,


PASSED AT THEIR THIRD SESSION,





TOGETHER JITH



The former acts, and parts of acts now in force, the Laws of Con.
gress organizing the government of the Territory of Florida,
and Constitution of the United States.





BY AUTHORITY.


PRINTED AT THE OFFIOR OF THE FLORIDA INTELLIGENCE,










CONTENTS.



Attorneys admission' of, 6
Archives keepers of, 8
do. do. 140
Alimony 18
Arbitrators and awards, 87
Attorneys to appoint deputies, o
Actions limitation of, 150
Attachment mode of proceeding on, 192
Augustine St. incorporation of, 199
Bills of exchange damage on, 6
Bills private to prevent the circulation of, 188
Burning over lands, 196
Coroners, 21
Conveyances to legalize certain of them, 89
Conveyances fraudulent, 108
Cattle, bringing into this Territory, 111
Chancery proceedings in, 113
Do. Do. 180
Conveyance of real property regulation of, 123
Common law adoption of, 136
Conciliation of private controversies, 143
Criminals whipping of, 145
Catholic congregation of Pensacola, 170
Charitable society of St. Augustine, 172
Census, to provide for the taking of, 197
Crimes and misdemeanors, 06
County courts established, -247
County courts, times and places of holding, 252
Criminals the apprehension of, 254
Counties new boundaries etc. 260
Certain officers continued in office, 264
Commissioners for canal, 265
Courts Superior held in certain counties, 278
Congregation Roman Catholic of Augustine, 292
Compensation of the officers of the Legislative
Council, 295
Congregation Presb)terian of St. Augustine, 156
Congregation Protestant Episcopal do. 137
Descents, 4
Dower and jointure in lands, -55
Delegate to Congress election of, 151
Do. Do. 251
Executions, 234
Ejectment ficticious proceedings in abolished, 157
Fees to the secretary of the Territory, s








.CONTENTS.

Srciterenltry and dergper, .-
iences,
SDo." for further regulation of,
Florldian'virtues Lodge incorporation of,
Ferry oveFthe river Ocklockony,
Ferry over the'river St. Johns,
Fees of certain officers, -
'Ferry across the Bau of Pensacola,
Ferry over the river Suwanney,
Fry Samuel admission of,
Frrnatndiua incorporation of,
Guardians and Wards, masters and apprentices,
Guardians and wards further provisions on,
Gaming, -
Governor to make certain appointments, -
Gabriel Priest the relief of, -
Habeas Corpus writs of,
Horses and asses, to prevent their running at
large,
Hunt W. Hasell relief of,
Husband and wife property of secured, -
Imnpro~emrnts on public land,
Iniprisoni).ent for debt abolished,
Justices of the peace appointment of etc.,


Jusices ol tile peace,
Judicial proceedings,
Juroirs grand and petit,
Jur.;rs in certain counties,
Limitation of actions,
Lands partition of,
LiaW condensation of,
1Marriage licence, -
M1ilitia, -
M ilitia, -
Militia, -
ilit ia,. -
Monioe county boundaries etc.
Meniorial to Congress,
M1ark.s, brands. and estrays,
M 'l-rga -:*e of in courts of law,
Notaries public, -


64.
75
169
107
263
263
280
297
198
188
298
11
110
33
133
157
61

74
181
189
59
174
239


149
266
133
287
14
62
302
12
33
143
293
294
-141
307
76
161
19


Obsolete statutes, -
Postage on communications to the Governor and
Secretary y,
Pilots appointment of,
Proc-edinugs at law and ineequity removed,
Probate of wills nd letters testamentary,


9,1







CONTENTS.


Physicians admission of, -
Pensacola incorporation of, 181
Roads and Ferries, 25
Rents collCction of, -139
Repeal of an act assigning duties of sheriffs to
marshals, 173
Road-to preserve the main road, 288
Resolution on the plan of Tallahassee, 307
Report of committee, 1
Seamen in Merchant service, 70
Srveyors, 20
Slaves, 289
Taxes-to provide for levying a poll tax, 150
Tallahassee laying off, 158
Trials etc. de novo on appeal, 32
Tax::s county regulation of, 190
Taxes collection of, 190
Tallahassee auctioneer for the town of, 296
Usury and the rate of interest, 10
VWreckers and wrecked property, 145
Writs to preserve the validity of, 296
Vills, 129
Writs of error and appeal, 165

BY CONGRESS.

Organizing the Territorial government, 3' 1
do. do. 31i




OMISSION IN COPY FURNISHED.
Page 281, five lines from top insert,
Yihing every paper, twelve and a half cents.
lnter'ng the return of every writ or other process, twelve and
a a cents. u,
Swearing every Jury, one dollar-

St llOl.l".'J *,








CONSTITUTION

OF THE

UNITED STATES.


WE, the people of the United States, in order to form a more per-
fect Union, establish Justice, insure Domestic Trainquily,
provide for the Common Defence, promote the General Wel-
iare, and secure the blessings of Liberty to Ourselves and our
Posterity, Do Ordain and establish this CONSTITUTION fto.
the UNITED STATES OF AMERItCA.

ARTICLE I.
SECTION I.
ALL Legislative powers herein granted shall be
vested in a CONGRESS of the United States, whicli
shall consist of a Senate and House of Rprescutatives.
SECTION 2.

1. The House of Representatives shall be composed
of members, chosen every second year, by the people
of the several states; and the electors in each state
shall have the qualifications requisite for electors of
the most numerous branch of the state legislature.
2. No person shall be a Representative, who shall
not have attained to the age of twenty five years, and
been seven years a citizen of the United Sta:es, and
who shall not, when elected, be an inhabitant of that
state,in which he shall be chosen.
3. Representatives and direct taxes shall be appor-
tioned among the several states, which.may be inclu-
ded within this union, according to their respective
numbers, which shall be determined by adding to the
whole number of free persons, including those bound
to service for a term of years, and excluding Indians
not taxed, three fifths of all other persons. The ac-
tual enumeration shall be made within three years af-
ter the first meeting of the Congress of the United
States, and within every subsequent term of ten years,
in such manner as they shall by law direct. The number










of Representatives shall not exceed one for every thir-
ty thousand, but each state shall have at least one
Representative; and until snch enumeration shall be
made., the state of Nesw-Hampshire shall be entitled to
choose three, Alassachusetts eight, Rhode Islandc and
Providence Plantations one, Connecticut five, J 'w-
York six, New-Jersey four, Pennsylvania eight, Dela-
ware one, Maryland six, Virginia ten, .Jorth Car olina
five, South Carolina five and Georgia three,
4. When vacancies happen in the representation
from any state, the executive authority thereof shall
issue writs of election to fill such vacancies.
5. The house of representatives shall choose their
speaker arid other oficds, and shall have the sole pow-
er of impeachment.
SECTION 3.

1. The Senate of the United States shall be compo-
sed of two Senators from each state, chosen by the le-
gislature thereof, for six years, and each senator shall
have one vote.
2. Immediately after they shall be assembled in
consequence of the first election, they shall be divided
as equally as may be into three classes. The seats of
the senators of the first class, shall be vacated at the
expiration of the second year, of the second class at the
expiration of the fourth year, and of the third class
at the expiration of the sixth year, so that one third
may be chosen every second year, and if vacancies hap-
pen by resignation or otherwise, during the recess of
the legislature of any state, the executive thereof may
make temporary appointments until the next meeting
of the legislature, which shall then fill such vacancies.
3. No person shall be a Senator who shall not have
attained to the age of thirty years, and been nine years
citizen of the United States, and who shall not, when
elected, be an inhabitant of that state, for which he
shah"be chosen.
4. The vice president of the United States shall be
president of the senate, but.shall have no vote, unless
they be equally divided.
5. The Senate shall choose their other officers. and
also a president pro ten.pore, in the absence of the
vice president, or when he shall exercise the office of
President of the United States.
6. The senate shall have the sole power to try all im-
peacahnents. When sitting for u at pIurr.!u th-.-y










shall be on oath or affirmation. When the president
cf thle United States is tried, the chief justice shall
preside, and no person shal! be convicted without the
concurrence of two thirds of the members present.
7. Judgiaert in cases of impeachment shall not ex-
tend further than to removal from office, and disquali-
fication to hold and enjoy any office of honor, trust or
profit, under the United States; but the party convic-
ted shall nevertheless be liable and subject to indict-
ment, trial, judgment, and punishment, according
to law.
SECTION 4.
1. The times, places, and manner of holding elec-
tions for senators and representatives, shall be prescri-
bed in each state by the legislature thereof; but the
congress may, at any time, by law, make or alter sucl
regulations, except as to the places of choosing sen-
ators.
2. The congress shall assemble at least once in ev-
ery year, and such meeting shall be on the first Mon-
day in December, unless they shall by law appoint a
different day.
SECTION 5.
1. Each house shall be thejudge of the elections,
returns, and qualifications of its own members; and a
majority of each shall constitute a quorum to do busi-
ness; but a smaller number may adjourn from day to
day, and may be authorized to compel the attendance
of absent members, -in such manner, and under such
penalties as each house may provide.
2. Each house may determine the rules of its pro.
oeedings, punish its members for disorderly behaviour,
and with the concurrence of two thirds, expel a mem-
ber.
3. Each house shall keep a journal of its proceedings,
and from time to time publish the same, excepting
such parts as may in-their judgment require secrecy;
and the yeas and nays of the members of either house
on any question, shall, at the desire of one fifth ofthose
present, be entered on the journal.
4. Neither house, during the session of congress,
shall, without the consent of the other, adjourn for
more than three days, nor to any other place than that,.
in which the two houses shall be sitting.
SECTION 6
1. The senators and representatives shall receive a
compensation for their services, to be ascertained by
2









law, and paid out of the treasury ofthe United Stateti
They shall in all cases, except treason, felony, and
breach of the peace, be privileged from arrest during
their attendance at the session of their respective
houses, and in'going to or returning from the same;
and for any speech or debate in either house, they shall
.ot be questioned in any other place.
2. No senator. or representative shall, during the
time for which he was elected, be appointed to any
civil office under the authority of the United States,
which shall have been created, or the emoluments
whereof shall have been increased during such time:
and no person holding any office under the United
States, shall be a member of either house during his
continuance in office.
SECTION 7.
1. All bills for raising revenue shall originate in the
house of representatives, but the senate may propose
or concur with amendments as on other bills.
2. Every bill, which shall have passed the house of
representatives and the senate, shall, before it become
alaw, be presented to the president of the United
States, if he approve he shall sign it; but if not, he
shall return it with his objections, to that house in
which it shall have originated, who shall enter the ob-
jections at large on theirjournal, and proceed to re-
consider it. If, after such reconside action, two thirds
of that house shall agree to pass the bill, it shall be
sent, together with the objections, to the other house,
by which it shall likewise be reconsidered, and if ap-
proved by two thirds of that house, it shall become a
law. But in all such cases, the votes of both houses
shall be determined by yeas and nays, and the names
of the persons voting for and against the bill, shall be
entered on the journal of each house respectively. If
any bill shall not be returned by the president within
ten days (Sundays excepted) after it shall have been
presented to him, the same shall be a law in like man-
ner as if he had signed it, unless the congress by their
adjournment prevent its return, in which case it shall
not he a law.
3. very order, resolution, or vote, to which the con-
currence of the senate and house of representatives
may hb necessary, (except on a question of adjourn-
ment,) shall be presented to the president of the Uni-
ted States; and before the same shall take effect, shall
be approved by him, or being disapproved by him,









shall be repassed by two thirds of the senate imn house
of representatives, according to the rules and limita-
tions prescribed in the case of a bill.
SECTION 8.
The congressshall have power-
1. To lay and collect taxes, duties, imposts, and ex-
cises, to pay the debts and provide for the common
defence and general welfare of the United States; but
all duties, imposts, and excises, shall be uniform
throughout the United States:
2. To borrow money on the credit of the United
States.
3. To regulate commerce with foreign nations, and
among the several states, and with the Indian tribes:
4. To establish an uniform rule of naturalization,
and uniform laws on the subject of bankruptcies
throughout the United States:
5. To coin money, regulate the value thereof, and of
foreign coin, and fix the standard of weights and mea-
sures.
6. To provide for the punishment of counterfeiting
the securities and current coin of the United States:
7. To establish Post offices and post roads.
8. To promote the progress of science and useful
arts, by securing for limited times, to authors and itr-
ventors, the exclusive right to their respective wri-
tings and discoveries.
9. To constitute tribunals inferior to the supreme
court ; To define and punish piracies and felonies com-
mitted on the high seas, and offences against the law
of nations.
10. To declare war, grant letters of marque and re-
prisal, and make rules concerning captures on land
and water.
11. To raise'and support armies; but no appropria-
tion of money to that use, shall be for a longer term
than two years.
12. To provide and maintain navy.
13. To make rules for the government and: regula-
tion of the land and naval forces,
14. To provide for calling forth the militia to exe-
cute the laws of the union, suppress insurrections, and
repel invasions.
15. To provide for organizing, arming, and discip-
ling the militia, and for governing such part of them
as may be employed in the service of the United States,
reserving to the states respectively, the appointment







Vi

of the officers, and the authority of training the iili-
tia according to the discipline presto ribed by congress.
16. To exercise exclusive legislation in all cases
whatsoever, over such district (not exceeding ten miles
square) as may, by cession of particular states, and
the acceptance of congress, become the seat of govern-
ment'of the United States, and to exercise like author-
ity over all places purchased, by the consent of the.
legislature of the state, in which the same shall be, for
the erection of forts, magazines, arsenals, dock-yards,
and other needful buildings.-and
17. To make all laws which shall be necessary and
proper for carrying into execution the foregoing pow-
ers, and all other powers vested by this constitution in
the government of the United States, orin any depart-
ment or officer thereof.
SECTION 9.

1. The migartion or importation of such persons as
any of the states now existing shall think proper to ad-
mit, shall not be prohibited by the congress prior to
the year one thousand eightbhundred and eight, but a
tax or duty may be imposed on such importation, not
exceeding ten dollars for each person.
2. The privilege of the writ of habeas corpus shall
not be suspended, unless when, in cases of rebellion or
invasion, the public safety may require it.
3. No bill of attainder, or expost facto law shall be
passed.
4. No capitation or other direct tax shall be laid, un-
less in proportion to the census or enumeration herein
before directed to be taken.
5. No tax or duty shall be laid on the articles ex-
ported from any state. No preference shall be given
by any regulation of commerce or revenue to the ports
of one state over those of another, nor shall vessels
bound to or from one state be obliged to enter, clear,
or pay duties in another.
6.- No money shall be drawn from the treasury, but
In consequence of appropriations made by law; and a
regular statement and account of the receipts and ex-
penditures of all public money, shall be published from
time-to time.
7. No title of nobility shall be granted by the Uni-
ted States, and no.personholding any office of profit
or trust under them, shall without the consent of con-
gress, accept of any present, emolumcnt, office, or title







vU

of any kind whatever, from any king, prince, or foc-
eign state.
SECTION 10.
1. Nostate shall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal;
coin money, emit bills of credit; make any thing but
gold and silver coin a tender in the payment of debts;
pass any bill of attainder, expost facto law; or law im-
pairing ihe obligation of contracts; or grant any title
of nobility.
2. No state shall, without the consent of the con-
gress, lay any impost or duties on imports or exports,
except what may be absolutely necessary for execu-
ting Its inspection laws; and the net produce of all du-
ties and imposts, laid by any state on imports or ex-
ports, shall be for the use of the treasury of the United
States, and all such laws shall be subject to the revis-
ion and control of the congress. No state shall, with-
out the consent of congress, lay any duty of tunnage,
keep troops or ships of war in time of peace, enter in-
to any agreement or compact with another state, or
with a foreign power, or.engage in war, unless actu-
ally invaded, or in such imminent danger as will not
admit ofdelay,
ARTICLE II.
SECTION 1.
1. The executive power shall be vested in a president
of the United States of America. He shall hold his
office during the term of four years, and, together
with the vice president, chosen for the same term, be
elected.as follows:
2. Each state shall appoint, in such manner as the
legislature thereof maydirect, a number of electors,
equal to the whole number of senators and represen-
tatives to which the state may be entitled in the con-
gress; but no senator or representative, or person hol-
ding an office of trust or profit under the United
States, shall be appointed an elector.
3. The electors shallmeet in their respective states, and vote
by ballot for two persons; of whom one at least shall notbe an in-
habitant of the same state with themselves.-And they shall
make a list of all the persons voted for, and of the number of
votes for each, which list they shall sign and certify, and transmit
sealed to the seat of government of the United States, directed
to be president of the senate. The president of the senate shall,
in the presence of the senate and house of representatives, open
all the certificates, and the votes shall then be counted The per-
son having the greatest number of votes shall be the president,







VIII

if such number be a majority of the whole number of electors ap-
pointed; rnd f there be more than one who have such majority,
and have an equal number of votes, then the house of represent.
tatives shall immediately choose, by ballot, one ofthem for presi-
d-A1t; and if no person have a majorltt, then from the five high-
est on the list, the said house shall, in like manner, choose the
president. .But in choosing the president, the votes shall be ta-
ken by states, the representation from each state having one
vote: a quorum for this purpose shall consist of a member or
members from two thirds of the states, and a majority of
all the states shall be necessary to a choice. In every case, after
the choice of the president, tle person having the greatest num-
ber of votesof the electors, shall be the vice president. But if
there should remain two or more who have equal votes, the sen-
ate shall choose from then, by ballot, the vice president. 1

4. The congress may determine the time of choos-
isig the electors, and the day on which-they shall give
their votes; which day shall he the same throughout
the United States.
5. No person except a natural born citizen, or a ci-
tizen of ihe United States at the time of the adoption
of this constitution, shall be eligible to the office of
president; neither shall any person be eligible to that
office, who shall not have attained to the age of thirty-
five years, and been fourteen years a resident within
the United States.
6. In case of the removal of the president from of-
fice, or of his death, resignation, or inability to dis-
charge the powers and duties of the said office, the
same shall devolve oni the vice president, and the con-
gress may, by law, provide for the case of removal,
death, resignation, or inability, both of the president
and vice president, declaring what officer shall then
act as president, and such officer shall act accofding-
ly, until the disability be removed, or a president shall
be elected.
7. The president shall, at stated times, receive for
his services a compensation, which shall neither be in-
creased nor diminished during the period for which
he shall have been elected, and he shall not receive
viihin that period any other emolument from the Uni-
ted States,oz any of them.
8. Before he enter on the execution of his office, he
shall take the following oath or affirmation:
"Ido solemnly swcar (or ( firm) that I will faith-
fully execute the office of President of the United
States,' and will, to the best of my ability, preserve,

I Annulled. See amendments Art. 12.










firotect, and defend the constitution of the United
States.
SECTION 2.
1. The President shall be commander in chief of
the army and navy of the United States, and of the
militia of the several states, when called into the ac-
tual service of the United States; he may require the
opinion, in writing, of the principal officer in each of
the executive departments, upon any subject relating
to the duties of their respective offices; and he shall
have power to grant reprieves and pardons for offen-
ces against the United States except in cases of im-
peachment.
2. He shall have power, by and with the advice and
consent of the senate, to make treaties, provided two-
thirds of the senators present concur; and he shall no-
minate, and by and with the advice and consent of the
senate shall appoint ambassadors, other public min-
isters and consuls, judges of the supreme court, and
all other officers of the United States, whose appoint-
ments are not herein otherwise provided for, and
which shall be established by law. But the congress
may, by law, vest the appointment of such inferior of-
ficers as they think proper in the president alone, in
the courts of law, or in the heads of departments.
3. The president shall have power to fill up all va-
cancies that may happen during the recess of the sen-
ate, by granting coninmissions, which shall expire at
the end of their next session.
SECTION 3.
1. He shall from time to tine, give to the congress
information of the state of the union, and recommend
to their consideration, such measures as he shall
judge necessary and expedient: he may, on extraordi-
nary occasions convene both houses, or either of them,
and in case of disagreement between them with res-
pect to the time of adjournment, he may adjourn
them to such time as he shall think proper; he shall
receive ambassadors and other public ministers; he
shall take care that the laws be faithfully executed;
and shall commission all the officers of the United
States.
SECTION 4.
1. The president, vice president, and all civil of-
ficers of the United States, shall be removed frdm of-
fice on impeachment, for, and conviction of, treason,
bribery, or cther high crimes and misue emeanors.










ARTICLE III.


SECTION 1
1. The judicial power of the United states shall be
vested in one supreme court, and in such inferior
courts as the congress may, from time to time, ordain
and establish. The judges both of the supreme and
inferior courts, shall hold their offices during good be-
haviour, and shall at stated times, receive for their
services a compensation, which shall not be diminish-
ed during theii continuance in office.
SECTION 2,
1. The judicial power shall extend to all cases in law
and equity, arising under this constitution, the laws of
the United States, and treaties made, or which shall be
made, under their authority; to all cases affecting am-
bassadors, other public ministers, and consuls; to all
cases of admiralty and maritime jurisdiction; to con.
troversies to which the United States shall be a part-;
to controversies between two or more states, between a
state and citizens of another state, between citizens
of different states, between citizens of the same state
claiming lands under grants of different states, and
between a state, or the citizens thereof, and foreign
states, citizens or subjects.
2. In all cases affecting ambassadors, other public
ministers and consuls, and thuse in which a state
shall be party, the supreme court shall have original
jurisdiction. In all the other cases before mentioned;
the supreme court shall have appellate jurisdiction,
both as to law and fact, with such exceptions and un-
der such regulations as the congress shall make.
3. The trial of all-crimes, except in cases of impeach-
ment, shall be by jury, and such trial shall be held is
the state where the said crimes shall have been com-
mitted; but when not committed within any state, the
trial shall be at such place or places as the congress
may by law have directed.
SECTION 3.
I. Treason against the United States, shall consist
only in levying war against them, or in adhering to
their enemies, giving them aid and comfort. No per-
son shall be convicted of treason unless on the testi-
mony of two witnesses to the same overt act, or on
confession in open court.
2. The congress shall have power to declare the
punishment of treason; but n' attainderof treason shall









Work corruption of blood, or forfeiture, except during
the life of the person attainted.
ARTICLE IV.

SECTIOr i.
I. Full faith and credit shall be given ir each state
to the public acts, records, and judicial proceedings
of every other state. And the congress may, by gene-
ral laws, prescribe the manner in which such acts, re-
cords, and proceedings, shall be proved, and the effect
thereof.
SECTION 2.
1. The citizens of each state shall be entitled!to all
privileges and immunities of citizens in the several
states.
2. A person charged in any state with treason, fter-
ony., or other crime, who shall flee from justice, aridF
be found in another state, shall, on demand of the- ex-
ecutive authority of the state from which he fled, be
delivered up, to be removed to the state having juris-
diction of the'crime.
3.. No person held to service or labor in one state
under the laws thereof escaping into another shall-,irt
consequence of any law or regulation therein; be dig*
charged from such service or labor', but shall be deliv-
ered up on claim of the party, to'whom stich service o-
labor may be dueie
sEcTro'( 3.'
1. New states may be admitted by the congress itito
this union, but no new state shall be formed or ejected'
within the jurisdictio' of any other stEte, nor any
state be forced by tie J'tsctiollof two-oi-tiire stares,
or parts of states' withdUt the doisent of the legisla-
tures of the states concerned, as.well ad of the con-
gress.
2. The congress shall have power to dispoe of, anid
make all needful rules and regulhrtiew respecting" the:
Territory or other property belonging: tbo tH United?
States, and nothing in this constitution shall be sor
construed as to prejudice aty claims of the United
States, or of any particular state.
SECTION 4;
1I. The United States shall guaranity to every statd
in this union a republican form of government, aLd
shall protect each of them against invasion, and on ap;
plication of the legislature, or of the executive-(when.
8 .









tielegislaturecannot be convened) against domestic
violence.
ARTICLE V.
1. The congress, whenever two-thirds of both hou.
ses shall deem it necessary, shall propose amendriments
to this constitution, or, on application of the legisla-
tures of two-thirds -o the several states, shall call a
convention for proposing amendments, which, in ei-
ther case, shall be valid towall intents and purposes, as
part of this constitution, when ratified by- the legisla-
tures of three fourths of the several states, or by con-
ventions in three fourths thereof, as the one or the
other mode of ratification may be proposed by the
congress; provided, no amendment, which may be
made prior to the year one thousand eight hundred
and eight, shall in any manner -affect the first and
fourth clauses in the ninth section of the first article,
and that no state, without its consent, shall be depri.
ved of its equal suffrage in the senate.
ARTICLE VI.
1. All debts contracted and engagements entered in,
to before theadoption of this constitution, shall be as
valid against the United States under this constitution,
as under the confederation.
2. This constitution, and the laws of the United
States, which shall be made in pursuance thereof, and
all treaties made, or which shall be made, under the
authority of the United States, shall be the supreme
law of the land, and the judges in every state shall be
bound thereby, any thri4g.in the .constitution or laws
of any state to the contrary notwithstanding.
3. The senators andrepresentatives before nention-
ed, and the members of the several state legislatures,
and.all executive and judicial officers, both of the Uni.
ted States, and of the several States, shall be bound by
oath or affirmation, to support this constitution, but
no religious test shall ever be required as a qualifica-
tion to any office or public trust under the United
States.
ARTICLE VII.
1. The ratification of the conventions of nine states
shall be sufficient for the establishment of this consti-
tution between the states so ratifying the same.

Zone ifi convention,'by the unanimous consent of the
states present, the seventeenth day of Soptember, in
4;eyear of our Lord, oa~ thousand seven hund-ed








XlE

anS eighty seven, and of the Independence of tTi
United States of America, the twelfth. In witness
whereof, we have hereunto subscribed our names.
GEORGE WASHINGTON,
President, and deputy from Virginia.


JNew Hamfiahire.
bohn Langdon.
Nicholas Gilman.
Massachusetts.
Nathaniel Gorham.
Rufus King.
Connecticut.
William Samuel Johnson.
Roger Sherman.
New York.
Alexander Hamilton.
Vew Jersey.
William Livingston.
David Brearly.
William Patterson.
Jonathan Dayton.
Pennsylvania,
Benjamin Franklin,
Thomas Mifflin.
Robert Morris.
George Clymer.
Thomas Fitzsimmons.
Jared Ingersoll.
James Wilson.
Governeur MIorria.
Attes t,


Delaware.
George Read.
Guaning Bedford, Jun.
John Dickenson.
Richard Bassett.
Jacob Broonm
Maryland.
James M'Henry
Darnel of St. Tho. Jenifer.
Dhaiel Carroll.
Virginia.
John Blair.
James Madison, iun.
North Carolina.
William Blount
tichard Dobbs Spaight.
Hugh Willianson
South Carolina.
John Rutledge.
Charles Cotesworth Pinckney.
Charles Pinckney.
Pierce Butler.
Georgia.
William Few.
Abraham Baldwin.
WILLIAM JACKSON,
Secretary.


IN CONVENTION,
Monday, September 17th, 1787.
Presents the states of New-HFfapshire, Massaohusetts Connec&
ticut, Mr. Hamilton from New York, New-Jersey, Pennsytlva
nia, Delaware,, Maryland, Virginia, North Carolina, South Car-
olina, and Georgia.
1. RESOLVED, That the preceding constitution he
laid before the United States in congress assembled,
and that it is the opinion of this convention, that it
should afterwards be submitted to a convention of
delegates chosen in each state by the people thereof,
under the recommendation of its legislature, for their
assent and. ratification, and that each convention as-
senting to, and ratifying the same, should give notice
thereof to the United States in congress assembled.
2. Resolved, That it is the opinion of this' conven-
tion, that as soon as the conventions of nine statc









shall have ratified this constitution, the United States
in congress assembled, should fix a day on which elec-
tors should be appointed by the states, which shall
have ratified the same, and a day on which the elec-
tors should assemble to vote for the president, and
the time and place for commencing proceedings under
this constitution. That after such publication, the
electors should be appointed and the senators and
representatives elected. That the electors should
neet on the day fixed for the election of the presi-
dent, and should transmit their votes, certified, signed,
sealed, and directed, as the constitution requires, to
the secretary of the United States, in congress assem-'
bled, that the senators and representatives should con-
vene at the time and place assigned, that the senators
should appoint a president of the senate, for the sole
purpose of receiving, opening, and counting the votes
for president, and, that after he shall be chosen, the
congress, together with the president, should, without
delay, proceed to execute this constitution.
By the unanimous order of the-convention,
GEORGE WASHINGTON, President.
WILLIAM JACKSON, Secretary.

IN CONVENTION.
September 17th, 1787.
SIR,
1. 'We have now the honor to submit to the consid-
eration of the United States in Congress assembled,
that constitution, which has appeared to us the most
advisable.
2. The friends of our country- tave long seen and
desired, that the power of making war, peace, and
treaties, that of levying money, and regulating com-
merce, and the correspondent executive and judicial
authorities, should be fully and effectually vested in
the general government of the union: but the impro-
priety of delegating such extensive trust to one body
of men, is evident; hence results the necessity of a
different organization.
3. It is obviously impracticable in the federal gov-
ernment of these states, to Secure all rights of inde-
pendent sovereignty to each, and yet provide for the
interest and safety of all. Individuals entering into
society, must give up a share of liberty to preserve the
rest. The magnitude of the sacrifice must depend as
well on situation and circumstance, as on the object







Xv


tobe obtained. It is at all times difficult to draw
with precision the line between those rights, which
must be surrendered, and those which may be reserv-
ed; and on the present occasion, this difficulty was in-
creased by a difference among the several states, as
to their situation, extent, habits and particular inter-
ests.
4. In all our deliberations on this subject, we kept
steadily in our view, that which appears to us the
greatest interest of every true American, the consoli-
dation of our union, in which is involved our prosper-
ity, felicit), safety, perhaps our national existence.
This important consideration, seriously and deeply
impressed on our minds, led each state in the conven-
tion to be less rigid on points of inferior magnitude,
than might have been otherwise expected; and
thus the constitution, which we now present, is the
result of a spirit of a.nity, and of that mutual defe-
rence and concession, which the peculiarity of our po-
litical situation rendered indispensable,
5. That it will meet the full and entire approbation
of every state, is not perhaps to be expected; but
each will doubtless consider, that had her interest
been alone consulted, the consequences might have
been particularly disagreeable or injurious to others;
that it is liable to as few exceptions as could reason-
ably have been expected, we hope and believe; that it
may promote the lasting welfare of that country so
dear to us all, and secure her freedom and happiness,
is our most ardent wish.
With great respect, we have the honor to be, sir,
your excellency's most obedient and humble servants.
By unanimous order of the convention.
GEORGE WASHINGTON, President.
Hi. Excellency the President of Congress.

[The conventions of a number of the states having, at the time
of their adopting the constitution, expressed a desire, in order
to prevent misconstruction or abuse of its powers. :hat further
declaratory and restrictive clauses should be added, congress,
at the session begun and held at the city of.New-York, on
Wednesday, the 4th of March, seventeen hundred and eighty
nine,proposed to the legislatures of the several states twelve
amendments, ten of which only were adopted. They are the
ten first following-]
AMENDMENTS TO THE CONSTITUTION.
ARTICLE I.
Congress shall make no law respecting an estab-







XVI


meut of religion, or prohibiting the free exercise.
thereof; or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assem-
ble, and to petition the government for redress of
grievances, .
ARTICLE IL
A well regulated militia being necessary to the se-
curity of a free state, the right of the people to keep-
and bear arms shall not be infringed.
ARTICLE Il1.
No soldier shall in time of peace, be quartered in.
any house without the consent of th-. owner; nor in-
time of war, but in a maanrr to be prescribed by law.
ARTICLE IV.
The right of the people to be secure in their per-
sons, houses, papers, and effects, against unreasonable-
searches and seizures, shall not be violated; and no.
warrant shall issue, but upon probable cause, support-
ed by oath or affirmation, and particularly describing.
the place to be searched, and. the persons or things to
be seiz ed.
ARTICLE V.
No.person shall be held to answer for a-capital or
otherwise infamous crime, unless on a presentment-
or indictment of a grand jury, except in.cases arising
in the land or naval forces, or in the militia when.in ac-
tual service, in time of war or public danger; nor shall
any person be subject for the same offence to be twice
put in jeopardy of life or limb; nor shall be compelled
in any criminal case, to be a witness against himself,
nor be deprived of life,. Tierty or property, without
due process of law; nor shall private property be taken.
for public use without just compensation.
ARTICLE VI.
In all criminal prosecutions the accused shall enjoy
the right to a speedy and public trial, by an impartial
jury of the state and district wherein the crime shall
have been committed, which district shall have been
previously ascertained by law, and to be informed :of
the nature and cause of the accusation, to be confron-
ted with thelvitnesses against him; to have compul-
sory process for obtaining wittiesses in his favour; and
to have the assistance of.coansel for his defence.
ARTICLE VII.
In suits at common law, where the value in contro-
versy shall exceed twenty dollars, the right oftria.by
jury shall be preserved; and no fact tried in a jury shall







XVII

be otherwise re-examined in any court of the United'
States, than according to the rules of the common law.
ARTICLE VIII.
Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual 'punishments in-
flicted.
ARTICLE IX-
The enumeration in the constitutinn, of certain
rights shall not be construed to deny or disparage oth-
ers retained by the people,
ARTICLE X.
The powers not delegated to the United States by
the constitution nor prohibited by it to the states are
reserved to ihe states respectively, or to the people.
ARTICLE XI.
The judicial power of the United States shall not be
construed to extend to any suit in law or equity, cont-
rneuced'or prosecuted against one of the United St atcs
by citizens of another state, or by citizens or subjects
of any foreign state.
ARTICLE XII.
1. The electors shall meet in their respective states
and vote by ballot, for president and "vice president,
one of whom, at least, shall not be an inhabitant of the
same state with themselves; they shall name in their
baUots the person voted for as president, and in dis-
tinct ballots-the person voted for as a vi.e president,
and they shall make distinct lists of all persons voted
for as president, and of all persons voted for as vice
president, and of the number of votes for euch, which
lists they shall sign and certify, and transmit sealed
to the seatof the government of the United States,
directed to the president of the senate; the president of
the senate shall, in the presence of the senate and
house of representatives, open all the certificates, and
the votes shall then be counted; the person having the
greatest number of votes for president, shall be the
president, if such number be a majority of the whole
number of electors appointed, and if no person have
such majority, then from the persons having the high-
est numbers, not exceeding three, on the list of those
voted for as president, the house of representatives
shall choose immediately, by ballot, the president.
But in choosing the president the votes shall be taken
by states, the representation from each state having
one vote; a quorum for this purpose shall consist of a
,member or members from two thirds of the states, amd







XVII


a majority of all the states, shall be necessary to a
choice. And if the house ofrepresentatives shall not
choose a president whenever the right of choice shall
des olve upon them, before the fourth day of March
next following, then the vice president, shall act as
president, as in the case of the death or other consti-
tutional disability of the president.
2. The person having the greatest number of votes
as vice-president, shall be the vice president, if such
number be a majority of the whole number of electors
appointed; and if no person-have a majority, then from
the two highest numbers on the list, the senate shall
choose the vice-presidents a quorum for the purpose
shall consist of two thirds of the whole number of sen.
ators, and a majority of the whole number shall be
necessary to a choice.
3. But no person constitutionally ineligible to the
office of president, shall be eligible to that of vice pre-
sident of the United States.
ARTICLE XIII.
If any citizen of the United States shall accept,
claim, receive, or retain any title of nobility or honor,
or shall without the consent of congress, accept and
retain any present, pension, office, or emolument of
any kind whatever, from any emperor, king, prince or
foreign power, such person shall cease to be a citizen
of the United States and shall be incapable of holding
any office of trust or profit under them, or either of
them.








ACTS

OF THE

LEGISLATIVE COUNCIL.


AN ACT

Regulating Descents.

Be it enacted Fy the Governor and Legislative Coun-
til of the Territory of Florida, That whenever any per-
son having title to real estate of inheritance shall de-
part this life intestate, such estate shall descend in
parcenary to the male and female kindred in the fol.
lowing course, that is to say:
1. To-his children or their descendants, if any there
be.
2. If there be no children nor their descendants, then
to the father.
3. Ifthere be no father, then to his mother, brothers
and sisters, and their descendants.
4. If there be none of the last mentioned kindred,
the inheritance shall he divided into two moieties, one
of which shall go to the paternal and the other to the
maternal kindred, in the following courses viz;:
5. First to the grand father.
6. If there be no grand father, then to the grand
mother, uncles and aunts on the same side, and their
descendants or such of them as there be.
7. If there be no grand mother, uncle nor aunt, nor
their descendants, then to the great grand fathers, or
great grand father if there be but one.
8. Iftherebe no great grand father, then to the
great grand mothers, or great grand mother if there be
but one, and the brothers and sisters of the grand fatih-
ers and grand mothers, and their descendants, if any
there he.
9. And so in other cases without end, passing to
the nearest lineal male ancestors,and for the want of
them to the lineal female ancestors, in the same de-
gree, and the descendants of such male and female
lineal ancestors.


Real estate to de.
scend in parcen-
ary.



To his children.

To his father.
To his mother.

Divided into two
moieties.


To the grandf.
their.
To the grand mo.
their.
To the great.
grand-father.
To the great.
grand-mother.



To the nearest li.
neal ancestors,











No inheritance.

When but one
k n dred, they
slhAll inherit.
If no kindred, to
the wife etc.


Collateral half
b ood, to inherit
half.


Children etc. etc.
to take per
Capita.



Issue ofthose
dead to take per
stirpes.

Uotchpot.



Descent through
an alhen no bar.


Bastards capable
of inherting.

MIarriage legiti-
mates bastards.


10. But no right of inheritance shall accrue to any
person not in existance, except the intestate's child-
ren.
11. In the case in which the estate is directed to be
divided into two moities, if their be but one kindred
then they shall inherit vice versa, if their be no kind-
red the whole shall go to the wife or husband of the
intestate.
12. And in the cases before mentioned where the in-
heritance is directed to pass in the descending collate-
ral of kindred, ifpart of the collaterals be of the half
blood and part of the whole, those of the half blood
shall inherit half.
13. And when the children of the intestate, or his
mother,brothers, and sisters, or his grand mother,
uncles, at d aunts, or any of his female lineal ancestors
living, with the children of the deceased lineal unc s-
tors male and female in the same degrees. came into the
partition, they shaH take per capital, that is to say by
persons; and where a part of them being dead, and a
part living, the issue of those dead have a right to
partition; such issue shall take, per stirpes by stocks,
that is to say, the share of their deceased parents.
14. And where any of the children of the intestate
have received any property by way of advancement,
and shall chose to come into partition with the other -
parciners, such advancement shall be brought into
hotchpot with the estate descended.
15. In making title by descent it shall be no bar to
a demandant that any ancestor through whom he
claimed, is or hath beeh an alien, bastards also shall
be capable of inheriting and transmitting inheritance
on the part of their mother in like manner as if they
had'been lawfully begotten.
16. Where a man having by a woman, one or
more bastard children shall aftewards intermarry
with such woman, such child or children if recog-
nized by him, shall be thereby legitimate.
J. C. BRONAUGH
President of the Legislative Council.
[A.4p2roved 12th August, 18221
WM, P. DUVAL.
Governor of the Territory of Florida.'
TEST.
JOHN COPPINGER CONNOR,
Clerk of the Lagislative Council.









AN ACT

Regulating Damages on Bills of Exchange.

Be it enacted by the Governor and Legislative Coun'
cil of the Territory of Florida, That when any person
within this 'erritory shall draw or endorse any bill
or bills of exchange, upon any person or persons resi-
ding out of the United States, or the Territories there-
of, and the same be returned back protested, and un-
paid, the drawer thereof and all others concerned
shall pay and discharge the contents of the bill, or
bills, together with twenty per cent advance for the
damages thereof, in money equivalent to that paid to
the drawer or endorser.
2. Be it further enacted, That, if any person shall
draw a bill of exchange upon any person residing out
of the Territory, and within the United States, and
the same shall be returned unpaid, with legal protest,
the drawer thereof and all others concerned in drawing
ai endorsing the sane shall pay and discharge the
contents of said bill, and ten per cent for the dam-
ages thereof with costs of protest.
3. Be it further enacted, That upon all bills of ex-
change made negotiable by law or by the usages and
customs of merchants, as recognized by the lex mer-
catoraa, there shall only be allowed three daysof grace
any custom to the contrary notwithstanding.
J. C. BRONAUGH.
President of the Legislative Council.
[Approved 12th August, 1822.]
WM. P.DUVAL
Governor of the Territory of Florida.
TEST.
JOHN COPPINGER CONNOR.
Clerk of the Legislatuve Council.



AN ACT

Por the Admission of Attorneys at Law into this Territory,

Be it enacted by the Governor and Legislative Coun
cil of the Territory o_ florida, That no person shal


Damage on fo.
reign bills of ex.
change.







Damage on inland
bills.






Days of grace,









Requiring licence be admtited by any Court to practice therein as Coun-
cil or Attorwv at law, until he shall have obtained a li-
cence in writing from the Governor of this Territory,
or one of the Judges of the Superior Court. When
application is made for a licence, the Governor or
Judges may refer to two persons learned in the law,
practitioners in the said Courts to examine and report
upon his qualifications and moral character, and if
upon the examination of the report of the said per-
sons they shall be satisfied of the qualifications and
fitness of the applicant. they may grant hin a licence,
provided nevertheless that such examination shall
not be required of any person, who shall produce a
certificate of his having been admitted to practice in
a Court of record in some State or Territory of the
United States, which certificate shall be signed by the
clerk of said Court.
2.. Be it further enacted,That, before any person is
Oath ofoflice. admitted to practice in the Courts of this Territory
as an Attorney or Counsellor at Law, he shall takeain
oath, honestly to demean himself in his profession
and execute his office to the best of his knowledge,
skill and abilities.
3. Be it further enacted, That if atny Attorney shall
ne fo neg ect- receive or collect money for his employers and fail or
St p ov refuse to pay it over when demanded, he shall be li-
able to an action for the same and subject to the pe-
nalty of five per cent for every month he detains the
same after regular demand made.
4. Be it further enacted,That,no clerk, deputy clerk
Clerks, etc. not or justice of the peace shall practice in the Courts to
to practice. which they respectively belong, nor no Judge of the
Inferior Court shall practice in the Superior Court.
Disqualification, S. Be it further enacted, That no person, who has
been guilty of perjury, bribery, corruption, or other
infamous crimeshall he admitted as a practitioner in
any of the Courts of this Territory.
J C. BRONAUGH
President of the Legislative Council.
[Jpproved 12th August, 1822.]
WM.P. DUVAL.
Governor of the Territory of Florida.
TEST,
JOHN COPPINGER CONNOR.
Clerk of the Legislative ComnciL







8

AN ACT

]For the appointment of Keepers of the Public Archives.

lBe it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That there shall be ap-
pointed by the Governor two persons well versed in
the Sparish language, one for the counties of Duval
and St. Johns, and onefor the counties of Escambia
and Jackson, who shall be called the keepers of the
public Archives, the former of whom shall reside in
the city of St. Augustine and the latter in the city of
Per sacola.
2. Be itfurther enacted, That, the said keepers of
the public archives shall open an office in the said ci-
ties respectively in which shall be deposited the Pub.
lie Archives, formerly under the charge of the Go-
vernor, and Escribano of East Florida and of the AI-
cade of Pensacola, and it shall be their-duty carefully
to preserve the same in their respective offices, to
make out duplicate lists thereof, one whereof shall be
deposited in the office of the Secretary of the Territo-
ry, and the other retained by the said keepers of the
Public Archives; and to furnish true and correct co-
pies of any papers or documents in their offices when
required, which said copies certified under their hands
shall be as good ana valid in law to all intents and pur-
poses as the original thereof, and to permit the free
examination and inspection of all papers and docu-
ments in their said offices.
3- Be itfurther enacted, That it shall not be lawful
for the said keepers of the Public Archives to suffer
any original paper or document to be taken from their
offices, unless otherwise required by law, nor to alter
or destroy the same, nor to receive for deposit in their
said offices any paper or document, which shall not at
the time of their entering upon the duties of their of-
fices, be found in the offices of the present Alcades of
St. Augustine and Pensacola, and any keeper of the
public archives violating the provisions of this sec-
tion of the act, or intentionally giving a false copy of
any original paper or document, and certifying the
same to be true, shall forfeit and pay for each and ev-
ery offence, so committed, a sum of money not ex-
ceeding five thousand nor less than one hundred dol-


Two keepers ao
Public Archives






Their duties,
















Original papers
not to be taken
out.








Punishment of
officers,









lars at the discretion of the.judge of the Court, before
whom he shall be convicted tobe recovered in the name
of the Territory before any court of record in this Ter-
ritory, and shall moreover be liable to an action for
damages at the suit of the party, or parties, who may
sustain any damage or injury thereby.
4. Be it further enacted, That the keeper of the
public archives in Pensacola shall execute a bond
Give bond, with with security to be approved of by the judge of the
security. Circuit Court of the Counties ofEscambia and Jack-
son, and to be deposited in the office of the Secretary
ofthe Territory, in the penalty of five thousand dul-
lars payable to the Governor of Florida or his suces-
sors in office, conditioned for the faithful discharge of
the duties enjoined by this act, and the keeper of the
archivesin St. Augustine shall execute a like bind
to be deposited as aforesaid; and to be approved of by
the judge of the Circuit Court for the Counties of Du-
val and St. Johns.
5. Be It further enacted, That, the said keepers of
To take an oath. the public archives shall each severally take an oath
or affirmation, before any person in this Territory
qualified by law to administer the same, faithfully to
do and perform the duties of his office enjoined by this
act, a certificate of which oath or affirmation shall be
filed in the office of the clerk of the Circuit Court for
the County in which said oath or affirmation shall
have been taken.
6. Be it further enacted, That, the said keepers of
thepublic archives shall cause all such papers and
Books, etc. to be documents as are the subjects of usual reference, to be
procured, bound. in a book or books, and for defraying the ex-
pense thereof a sum of money not exceeding two hun-
Two hundred bpr d dollars, be and the same is hereby appropriated
ted.s out of any money in the treasury not otherwise ap-
propriated, to be placed at the disposal of the said
keepers of the public archives; one hundred and twen-
ty dollars, to be expended by the keeper of the public
archives at St. Augustine, and eighty dollars to be
expended by the keeper of the public archives at Pen-
sacola, who shall severally account for the expendi
ture of the same to the proper accounting officers of
this Territory,
7. Be it further enactedThat, the said keepers of
the public archives shall receive such fees as a comn









pensation for their services, as shall hereafter be es-
tablish.d by Law.
EDMUND LAW,
President pro tempore of the Legislative Council.
[Appllroved 3:st August; 1822.]
WM. P. DUVAL,
Governor of the Teiritory of Florida.
TEST,
ROBERT MITCHELL,
Clerk of the Legislative Council.


AN ACT

Concerning Usury and regulating the rate of Interest.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That any rate of interest or
premium for the loan or use of money, wares, or mer-
chandize or othercommodity, fairly and bonafide stipu-
lated and agreed upon by the parties to such contract,
expressed in writing and signed by the parties to be
charged therewith, shall be legal and recoverable, and
no bona fide contract shall be vacated or impaired by
reason of any premium or rate of interest so stipulated
and expressed.
2. Be it further enacted.That on-all., contracts,
written or verbal, ascertaing the sum due, where no
specific premium or rate of interest is expressed. in-
terest shall be taken recovered or allowed-at the rate
of six per cent per annum from and after said sum is
due and payable.
EDMUND LAW.
President pro tempore of the Legislative Council.
[Aflroved 31st August, 1822.]
WM. P. DUVAL.
Governor of the Territory of Florida.
TEST
ROBERT MITCHELL.
Clerk of the Legislative Council,


Rate ofinterest
according to con.
tract.






Interest not, spe
cified-sis per
cent.















Courts to hear all
complaints of
wards, etc. etc.






Poor orphans
how disposed of









Courts to deter-
mnine their com-
plaints in summa.
ry way.


AN ACT

Concerning Guardians and Wards, Masters and Apprentices.

Be it enacted by the Governor aud Legislative Cauncil
oi the Territory of Florida, That the County Courts
shall hear and determine all complaints of wards a-
gainst guardians, require of them counter security
when necessary, displace them or make such orders,
which to them may seem: equitable and right relating to
the estate, they shall require from t'.e guardian from
time to time an inventory of the ward's estate, its pro-
fits and disbnrsements, and make such orders as to
them may seem just.
2. Be it further enacted, That every poor orphan
who has not estate sufficient for his maintainance out
of its profits shall by order of the Court aforesaid, be
bound out as an apprentice until he arrives at the age
of twenty one years of age, if a boy .,nd the age of six-
teen, if a girl, to some master or mistress who shall
covenant to teach the said apprentices, some art, trade
or business, to be particularized in the indenture, and
also to teach them reading, writing and arithmetic,
and to give them a new suit of clothes when they ar-
rive at that age.
3. Be it further enacted, That every County Court,
shall hear the complaints of apprentices or hired ser-
vants, being citizens of the United States, who reside
within thejurisdiction of such Court, against their
masters or mistresses alledging an undeserved or im-
moderate correction, insufficient allowance of food,
ravment,or want of instruction, and the said Court
shall determine the complaints in a summary way, and
make such orders for their government or removal as
to said Court shall seem proper.
EDMUND LAW.
President pro tempore of the Legislative Council.
[. plroved 31St August 1822.]
WM. P. DUVAL.
Governor of the Territory ot Florida.
TEST,
ROBERT MITCHELL,
Clerk of the Legislative Council,







12

AN ACT

Concerning Marriage Licence.

Ae it enacted by the Govertnor and Legislative C'an-
cil of the Territory of Florida, That no minister shall Mirntels Servn
join any persons together as man. and wife with outene.
lawful licence as by this act required, under pain of im-
prisonment for one year, without bail or mainnrize, for
every offence, and a fine of five hundred dollars. If he go Tf he co oit of
.out of the Territory to marry persons belongingto the the Territory.
Territory without such licence; he shall be liable to the
same penalty and forfeiture. The offence may be pros- How prosecuted.
ecuted in any court of record, in the Territory; all such
courts being hereby empowered to determine the same,
and to award execution thereupon according to the
course of the Common Law. Ordained minister
2. Be it further enacted.That any ordained minis- may serve any
ter of the Gospel, or in regular communion with any legally licensed.
religious society of christians, may solemnize the
rights of matrimony, according to the forms of the
church to which he belongs, between any persons
within the Territory, who shall produce a licence pur-
suant to this act, directed to any authorized Minister
of the Gospel.
3-. el t further eiacted, That the County Court County Court to
shall grant licences to all Ministers of the Gospel as grant licences to
aforesaid, who shall apply for the same, or one or more Ministers and
of their body to marry, in any county where there is
not a sufficient number of ordained ministers Jistti
ces so licensed are under the same rules- and regular.
tions, pains and penittiea as ministers of t:e gospel. Certificates o
4. Be it further enacted, That to preserve a regis- marrage regis.
ter of all marriages, a certificate of every marriage tered by county
hereafter-solemnized, signed by the minister or justice clerk.
of the peace, celebrating, the same, shall be transmit-
ted to the clerk of the county, wherein the marriage is
so solemnized, within twelve months thereafter, to be
entered on record by the clerk, in a hook by him to be
kept for that purpose, Which shall be evidence of all
such marriages.
5. Be it further enacted, That every minister or
justideofthe peace, (as the case maybe) faili-g *o Ministerorjus-
transmit such certificate to the clerk of the court in tic ;4, ling togive
due time, shall forfeit the sum of sixty dollars, and if certificate.
the clerk of any court shall fail to record such certifi-
B









Clerl failing to cate, he shall forfeit the like sum of sixty dollars, (f
record. be t-covered with costs ofsuit by the informer in lany
court of record.
6. Be itJurther enacted, That every licence for
marring, shall be issued by the clerk of the cir, uit
i'Crik oC county court (t county court) of the county wherein the woman
con ngns Imar- usually resides in manner following, that is to say, the
ia'e niice.ne clerk shall take bond in the penalty of two hundred
doll-as, payable to the governor ard his successorsfor
T',ingi bond, the use of the Territory with condition that there is
no lax ful cause to obstruct the marriage for which the
licence is required, and' every clerk failing herein shall'
forfeit one hundred dollars-if either of the parti-s
Of parties under intending to marry be under age, the licence shall not
age. be issueti without the consent of the parent or guar-
dian made verbally to the clerk, or proof of such con-
sent by the oath of one credible witness-and there-
upon the clerk shall issue said licence and certify
that the bond is given, and if either of the parties be
under age, he shall also certify the consent of the
parent or guardian, which shall be a lawful licence to
any minister or justice of the peace authorized as
aforesaid to solemnize matrimony.
7. fe itfurtherenacted, That if aniy person shall
marry within the Levitical degrees, he shall be sub-
evil d s ject to a fine of one thousand dollars, one halfto the in-
eviticadegrees forn.er, the other half to the 1 eritory, and the sid
marriage shall be annulled and set aside by any couot
of record in this Territery, and the court may require
the parties to give bond and security that they will
not in future cohabit with each other, and commit
them in case of non-compliance, provided that nothing
hciein contained shall be construed to render illegiti-
)nate tie issue of the marriage thus annulled.


EDMUND LAW,
President of the Legislative Council,

[.Approved September 13th 1822.]

WNM. P. DUVAL,
Governor of the Territory of Florida*

TFST,
(ROP.I T TVITCHFELI,
Clerk of the Legislative Council.







I*

AN ACT

Concerning Limitation of Actions.

Be it enacted by the Governor and Legislative Council
ofthe Territory of Florida, That all writs of for mndon
in decender, remainder, or reverter, of any lands, tene- Fnrmerlon
niens or hereditaments whatsoever, hereafter to be ce, der. etc.
brought upon any title or cause heretofore accrued or in twenty ye
which may hereafter fall or accrue, shall be suedl out
within twenty years next after such title or cause of ac-
tion accrued, and not afterwards; and that no person or
persons, who now hath or have, or hereafter may have,
any right or title of entry, into any lands, tenements, or
hereditaments, shall make any entry but within twenty
years next after such right or title accrued; and such
person shall be barred from any entry afterwards.
2. Be it further enacted, That if any person or per-
sons, entitled to such writ or writs, or to such right or
title ofentry as aforesaid, shall be,or were under the age Infants-etc.
of twenty one years, feme covert non compos mentis, after V, nova
imprisoned or not within this Territory, at the time of disabilities.
such right or title accrued, or coming to them, every
such pe son, and his or her heirs, shall and may, not-
withstanding the said twenty years are, or shall be ex-
pired, bring and maintain his action or make his entry,
within ten years, next after such disabilities removed,
or the death of the person so disabled and not after-
wardse
3. Be it further enacted, That in all writs of right-,
and other actions possessory, any person may maintain
a writ ofright upon the possession or seizen of his an- Writs of right
cestoror predecessor, within fifty years, or any other etc. nvthin fifi
possessory action upon the possession or seizen of his years.
or of her ancestor or predecessor, within forty years, Other actions
next before the, test of'writ; but no person shall main- u ithnorty.
tain a real action upon his own possession or seizen, .
but within thirty years next before the teste of the And thirty.
writ.
4. Be it further enacted,That all actions of trespass
quare clausum fregit, all actions of trespass, detinue,
actions surtrover, and replevin for taking away of Limitation of'
goods, and chattels; all actions of account, and upon the rious action
case, ottfr than such accounts os concern the trade of
merchandize between merchant and merchant, their
factors or servgats i all actions of debt grounded upoP


n de,
wSithr
ars,










ete,
lof


tetL
ty


va4









any lending or contract without speciality ; all actions
of debt for urrearages of rent ; all actions of assault
menachbatter'y, wounding and imprisonment, or any
of them, which shallbe sued or brought; shall be com-
irencaed and sued within the time and limitation here-
after expressed, and not after ; that's to say ; the said
actions upon the case, other than for slander, and
the said actions for account, and the said ac-
Fire years. tions for trespass, debt, detinue and replevin for
o, l1 an'l chattels, and the said actions of trespass
quare clausum fregit, within five years next after the
cause of such action or suit, and not after; and t,.e
Three years. said actions of trespass, assault, battery, wounding im-
prisonment, or any of them, within three years next
One year. after the cause of such actions or suits, and not after;
and the said action upon the case for wo :d, within one
year next after the words spoken, and not after.
5. Be itf./rther enacted, That to prevent imposition
to e specific. or deception herein, the respective time or date of the
delivery of the several articles, charged in any such
account, or any receipt taken for the delivery of them,
Willy post da- shall be particularly specified. And if any rierchant
ting. or trader shall willfully post date any article or arti-
cles in such account or the receipt taken forthe delive-
ry of them, he shall forfeit and pay tenfold the amount
of the article or articles,' so post dated, to be
recovered, with costs, by warrant, where the penalty
does not exceed twenty dollars, and by action of debt
in any court of record where the penalty shall exceed
that sum.
6. Be it further enacted That to prevent any doubt
Computation of in the construction he:eof, it is htreby declared, that
limitation. the beforementioned limitation of one year, shall take
place and be computed from the respective dates or
times of delivery of the several articles entered or
charged in any such account ; and that all such arti-
cles as shall have been of more than one years standing,
when the action or suit was commenced, shall be dis-
allowed and rejected, and verdict shall be given, or
judgment rendered, for no more than the amount of
such articles, as appear to have been actually charged
If after i urgment or delivered within one year next before the com-
for pit'ff--rever, nencement of the suit as aforesaid.
sal. 7. Be it further enacted, Provided, nevertheless,
That if in any of the said actions or-suits, judgment
be given for the plaintiff, and the sagme be afterwards









reversed by error, or a verdict pass for the plaintiff,
and, upon matter alleged in arrest of judgnient,
the judgment be given against the plaintiff, that he
take nothing by his plaint, writ or bill, in all such ca-
ses, the party plaintiff, his heirs, executors or admin-
istrators, (as the case shall require) may commence
a new action or suit, from time to time, within one
year next after such judgment reversed, or such judg-
ncnt given against the plaintiff, and not after.
8. Be it further enacted, 'I hat if any person or per-
sons, that is or shall be entitled to any such actions of
trespass, d tinue, actions sue trover, replevin, ac- Persons under lei
ti-Jus of account, actions of df ;t, actions of trespass for g~isabities
assault, menace, battery, wounding or imprisonment,
be, ot shall be at the time of any such cause of action
given or accrued, fallen, or-come, within the age of
twenty one years. feme covert, non compos mentis,
imprisoned, beyond the seas, or out of the country that
such person or persons shall be at liberty to bring the
same actions, so as they take the same within such
times as are before limited, after their coming to, or
being of full age, discover, of sane memory, at large,
and returned from beyond the seas, or from without
this country, as Dy other persons having no such impe-
diment should be done.
9. Be it further enacted, That all suits hereafter
brought in the name or names of any person or per- Actionsby parte
sons, residing beyond the seas or out of this count y, beon a et
for recovery of any debt due for goods actually sold and
delivered here, by his or their factor or factors, shall
be commenced and prosecuted within the time appoin-
ted and limited by this act, for bringing the like suits,
and not after; notwithstanding the saving hereinbefore
contained to persons beyond the seas, at the tine of
their causes of action accrued, provided nevertheless
that, if any factor shall happen to die before the expi-
ration of the time in which suit should have been Provise.
brought such principal shall be allowed two years from
the death of such factor, to commence and prosecute
bis, her or their action for any debt due to him, her or
them, on account of any contract or dealing with such.-
factor.
10. Be itfurther enacted, That if any person or
persons, defendant or defendants to any of the afore- Party absconding
said actions shail abscond" or conceal thembelvcs, ,or, or by other means.









-iy removal out of the country, or the county where he
or tnev do or shall reside, when such'cause of action
accrued, or by any other indirect ways and means,
defeat or obstruct any person or persons, who have
title ilhereto, from bringing or maintaining all,or any
of the aforesaid actions within the respective times
limited by this act, that then and in such case, such
defendant or defendants are not to be admitted to
plead this act, in bar to any of the aforesaid actions;
any thing in this action any wise to the contrary not-
withstanding,
11. Be it further enacted, That if any suit be
brought against any executor or administrator, ov
Acton a, Anst other person having change of the estate of a testatov
or an intestate, for the recovery of debt due upon an
open account, it shall be the duty of the court, before
whom such suit shall be brought, to cause to be ex-
punger from such account every item thereof, which
shall appear to have been due five years before the
death of the testator or intestate; saving to all per-
sons non compos mentts, femes covert, infants,
Saving. imprisoned or out of this Territory, who may be
plaintiffs in such suits, three years after their several
disabilities shall be removed. And if any person
Post dating--pen- shall wilfully post date any such account, he shall for-
altly feit and pay tenfold the amount of the articles so p. st
dated, to be recovered in any court of record, where
the penalty incurred shall exceed twenty dollars, and-
by warrant, before a justice of the peace, where ihbe
penalty incurred shall not exceed that sum.
12. Be it further enacted, That no action of debt;
shall be brought against any executor or administra-
tor, or other person having charge of the estate ofa-
testatoror intestate, upon a judgment obtained a-
No action of debt against his testatoror intestate, not shall any scire fa-
vs- Ex'r. etc. after cias be issued against any executor or administrator,
five years, or other person having charge of the estate as afore-
said, to revive such judgment after the expiration of
five years from the qualification of his executor or ad-
Ininistrator, or of such other person having charge. of
Sheestate, and all such judgments, after the expira--v
ion of five years, upon which no proceeding shall
have beer had, shall be deemed to have been paid and
discharged saving to all persons, non compos mentis,
fees covert, infants, imprisoned, or out of this Ter-
rilory, who may have beeu entitled to the benCfitU g









uuch judgment, three years after their several. disabl-
ties removed.

EDMUND LAW,
President of the Legislative Council.

[Appfiroved September, 13th 1822.]

WM.P DUVAL.
Governor of the Territory of Florida.
TEST,
"ROBERT MITCHELL,

Clerk of the Legislative Council.



AN ACT


To provide for Alimony.
County court has
)3e it rnacted by the Governor and Legislative Coun- jurisdiction.--on
cil of the Territory of Florida, That the Circuit court appIlcation of
countyy Court) shall have jurisdiction on application of wives abased-
wives, for alimony, against their husbands; on the hus-
band's deserting his wife for one year successively, or
on his living in open or avowed adultery with another
woman for three months, and in cases of cruel, inhuman Application by'
and barbarous treatment. bill in Chancery.
2. Be it further enacted, That such application shall be
by bill in Chancery, alledging the cause why Alimo-
ny is claimed, and the proceeding shall be as in other
cases in Chancery, and the facts arising upon the mat-
ters in issue shall be determined by a jury, either of the
aforementioned causes being found to exist, the court
shall decree Alimony out ofdefendent's estate, provid-
ed however that alimony shall .not be granted in case Decree release
of open adultery of the wife. the wife from
3. Be itfurther enacted, That, a decree of Alimony control
shall release the wife from the control of her husband
and she may use her Alimony, and acquire, use, and
dispose of other property uncontroled by her husband
-and where the husband is about to remove himself
or his property out of the Territory, or fraudulently
convey or conceal it,'the court may award a ne exeat
or injunctiQn against him or his property, and make

























Appointed by Go.
vernor and hold
office, during his
pleasure.









Due credence.














.otary etc,


such order or decree as will secure the wife her Alo
imony.
EDMUND LAW.
President ofthe Legislative Council.
[A4pproved September 13th 1822.]
WM. P. DUVA.l.
Governor of the Territory of Florida.
TEST
ROBERT MITCHELL.
Clerk of the Legislative Council.



AN ACT

Concerning Notaries Public.

je it enacted by the Governor and Legislative Coun.
cil of the Territory of Florida, That the Governor
be, and he is hereby empowered to appoint so many
notaries public, as to him shall seem necessary, and,
upon the death, removal or resignation of any such
notaries public, to appoint others in his or their rootn,
which said notaries public shall hold their respec-
tive offices during the pleasure of the Governor, and.
shall use and exercise such office of notary public,
for s-1',' places, and within suchlimits and precincts
as the'lGovernor shall direct; to whose protestations,
attestations, and other instruments of publication
due credence is given-provided nevertheless that
every notary public shall previous to his executing
the duties of said office, give bond (to be filed in the
office of the clerk of the Circuit Court) [county Courtl
to the Governor for the time beirg; in the penaltyof
frvelrundred dollars, conditioned for the due dis-
charg bf his said office, and also take an oath, that
he will honestly, diligently and faithfully discharge
the duties of a notary public-and any justice of the
peace for the county where such notary may reside,
is hereby authorized to administer the said oat.t
2. Be it further enacted, That in all cases where
it be necessary to the due and legal execution of any
writingor document whatever, to be.attested, pro-
tested, or published, under the seal of his office, any
notary public may administer an oath, and make
certificate thereof, which shall have the same effect,
as if administered and certified by a justice of the









peace, and Any person maktlH a false oath before a
notary public, shall be guilty of perjury, in like man-
ner as if the sa ne was made before any justice of the
peace of this Territory, ard be subject to the like pen-
alties, forfeitures, and disabilities, as are prescribed
by law, incases of willful and corrupt perjury.
3. Be it further enacted, That the notaries public
shall receive such fees for their services, as are estab-
lished by an act entitled "an act to establish the fees
of certain officers," and no other.
4. Be it further enacted That this act shall be in
force from and after the passage thereof.
EDMUND LAW,
President of the Legislative Council.
[l/zProved September, 13th 1822.]
W.M.P DUVAL.
TEST, Governor of the Territory of Florida.
ROBERT MITCHELL,
Clerk of the Legislative Council.


AN ACT
To provide for the appointment of Surveyors.

Be it enacted by the Governor and Legislative Council
*fthe Territory of Florida, That there shall be ap-
pointed in each county in this Territory a couple Sur-
veyor, whose duty.it shall be to make accurate .arveys
of all lands and lots, which heis called upon to survey
by the inhabitants of the county or required to make
by order of court, and who for his said services shall
be entitled to the fees as regulated in the."act to estab-
lish the fees ofcertain officers."
2. Be isfurther enacted, That the said surveyor
shall take an oath before the circuit (county) juge or
some justice of the peace, faithfully to perform the du-
ties of his office without favor or affection, and for any
irregular or unlawful survey or false certificate, the
said surveyor shall be liable to an action of damages,
by the party injured. EDMUND LAW.
President ofthe Legislative Council.
ll[proved September 13th 1822.]
WM. P. DUVAL.
TEST, Governor of the Territory of Florida,
BOBERT MITCHELL.
Clerk of the Legislative Council.
O


Receive fees.



Commencement.


County Surveyor.

His duties.





Take an oath,


I able for irrcg'g
larity,















Paid out of the
Treasury






Treasurer to ac-
count-


governor appoints
a coroner for each
county.



Duties.


Inquest:


AN ACT

Providing for the payment of postage paid on communications
directed to the Governor and Secretary of the Territory df
Florida.
Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florzda, That all public letters,
-documents, laws anid papers, relating to the business
of the Territory aforesaid, on which postage has beeu,
or may hereafter be charged, directed to the Govern-
or or the Secretary of the Territory aforesaid, shall be
paid out of the treasury of said Territory on -warrant
signed by the Governor.
2. Be itfurther enacted, That the treasurer aforesaid,
shall render his account for the amount thus paid, -an-
nually to the Legislative Council.
EDMUND LAW,
President of the Legislative Council.
[Affiroved September, 13th 1822.]
WM. P. DUVAL
Governor of the Territory of Florida.
REST.
ROBERT MITCHELL.
Clerk of the Legislative Council


AN ACT

Authorising the appointment of Coroners.

Be it enacted by the Governor and -Legislative
Council of the Territory of. Florida, That it shall be
the duty of the Governor to commission it every
county now established, or that may hereafter be es-
tablished in this Territory, one proper person as
coroner, whose duty it shall be to serve all writs and
process when the office of the sheriff of the county
shall be vacant, or when the sheriff shall be party to
the suit, or when it can be proved to the satisfaction
of the court who grants such writs or process that the
sheriff is interested in the suit, related to either party,
or prejudiced against any party to the suit, and shall
return jurors for the trial of such causes. It shall
also be the duty of such coroners, to take inquests of
violent death, and casual deaths, happening within
their respective counties, and shall before they enter










upon the duties of their respective offices, be severally
sworn or affirmed to the f..ithful discharge thereof,
and give security it, the same manner as sheriffs now
are or hereafter shall be required by law to do.
2. Be it further entceed, That in all cases where the
sheriff and coroner shall both be disqualified on ac-
count of interest or prejudice, the court may direct the
process in such cases to one, or two proper persons
of the county to execute the dutit s, and receive the le-
gal fees of such sheriff for like services.
3. Be it further enacted, That every coroner, as
soon as he shall be notified of the dead body of any
person supposed to have come to his, or her death by
violence or casualty found or lying within his county
shall make his warrant directed to any constable of
the county, where the dead body is found or lying, re-
qniring him forthwith to summon a jury of good and
lawful men of the same county, not less than eigh-
teen inall, so that at least twelve be present to appear
before such coroner at the time and place in his war-
rant expressed, and to enquire, upon a view of the body
of the person there lying dead how and in what man-
ner. and by whom he or she came by his or her death,
and every such constable to whom such warrant shall
be directed or delivered, shall forthwith execute the
same, and shall repair to the place where the dead
body is, at the time mentioned, and make return of
the warrant with his proceedings thereon unto the cor-
oner, who granted the same. Every constable failing
of executing such warrant or of returning the same as
aforesaid, shall forfeit and pay the sum of eight dol-
lars, and every person summoned as a juror as afore-
said that shall fail to appear, or make a reasonable ex-
cuse to the coroner, for his non-attendance within five
days after the time appointed in the warrant, shall for-
feit and pay the sum of five dollars, which fines shall
be levied and collected by a warrant of any justice of
the peace, and to be paid to the collector of the Terri-
torial taxes, and by him paid into the county treasury.
4. Be itfurther enacted, That the coroner shall ad-
minister an oath or affirmation to at least twelve of the
jurors who shall appear; to the foreman first in the fol-
lowing manner,"you solemnly swear (or afirm) that you
will diligently enquile, and true presentment make,
how, in what manner, and by whom A B. who here
lies dead, came to his death, and you shall deliver


Sheriff and Coro-
ner both disquali-
fied.


Coroners duty on
report made of a
dead body.















Penaltyto consta-
ble.


To juror.








Coroner to swWe
juror.

Oath.










to me, coroner forthis county, a true inquest threof,
according to such evidence as shall be iaid before you,
and according to your knowledge," The other jurors
shall swear or affirm in the following form. such oath
(or affi.rmation) as your foreman hath taken, you and
each of you. shall well and truly observe and keep on
your respective parts."
Coronert charge 5. Be it further enacted, That the jurors being
jury sworn, the coroner shall give them a charge upon their
oaths to declare upon the death of the person, whe-
ther he or she died of felony, or mischance, or acci-
dent, and if of felony who were principles and who were
accessaries, with what instrument he or she was struck
or wounded, and so of all prevailing circumstances,
which may come by presumption, and if by mischance
or accident whether by the act of man, and whether
by hurt, fall, stroke, drowning or otherwise-also to
enquire of the person (if any) who were present, the
finder of the body, his or her relations or neighbours,
whether he or she was killed in the same place, where
the body was found, ani ifelsewhere by whom and how
the body was brought thence. And if he or she died
of his or her own act, then to enquire of the manner,
means, or instrument, and of all circumstances con-
cerning it.
6. Be it further enacted, That the jury being char-
Proclamation for ged, shall remain together and proclamation shall be
evidence, made, for any person who can give evidence to draw
near and they shall be heard.
7. Be it further enacted, That every coroner shall
be empowered to issue his warrant for witnesses, com-
Coroner's warrant mandingthem to come before him to be examined and
sfor 1i'eses and declare their knowledge concerning the matter in ques
tion, he shall administer them an oath or affirmation
in the form following;" you do swear (or aflrm) that
the evidence you shall give to this inquest concerning
the death of A. B. here lying dead shall be the truth,
the whole truth and nothing but the truth."
8.Be itfurther enacted, That the testimony of such wit-
nesses shall be taken down in writing znd subscribed
Testimony written by them, and if it relate to the trial of any person con-
and subkcribecd. corned in the death, then the coroner shall bind such
witnesses by recognizance in a reasonable sum for their
appearance at the next term of the court having juris-
diction in capital cases, there to give evidence accord-
ingly, and to commit to the common jail of the county









of St. Johns, should the inquest be held in the juris-
diction, of the superior court for East Florida, or if in
the jurisdiction of the superior court for West Florida,
to the jail of the county of Escambia, any witness or
witnesses refusing to enter into such recognizance, and
shall return to the same court the inquisition, written
evidence, and recognizance by him taken. And. the
jury having viewed the body, heard the evidence and
maade all the inquiries in their power, shall draw up
and deliver to the coroner their verdict, upon the death
Under consideration, in writing under their hands, and
the same shall be signed by the coroner.
9. Be itfurther enacted, That upon any inquisition
found before any coroner of the death of any person by
the felony or misfortune of another he shall speedily in-
form one or more of the justices of the same county,
whose duty it shall be for'hwith to issue his or their
warrant for the apprehension, examining and securing
for tr-ial, of such person or persons, for killing or being
anywise instrumental to the death.
10. Be it furtherenacted, That if the coroner by
sickness or other cause is not able to take the inquest
provided for by this act or if the coroner resides at a
greater distance then twenty miles from the place
where the dead body is found lying, any justice of the
peace of the same county, is hereby authorized and re-
quired to take the inquest, and perform all and singular
the duties hereby enjoined on the coroner.
11. Be it further enacted, That if the constable of
,the proper county is unable to execute the duties re-
quired of him by this act, or should there be no con-
stable in the neighborhood of the place where a vio-
lent or accidental death may happen, the coroner or
justice may direct his warrant to any other householder
of the county, who shall perform the duties of a con-
stable under the same penalties, and be entitled to the
same fees as a constable.
EDMUND LAW.
President of the Legislative Council.

dApf/roved September 13th. 1822.]
WM- P. DUVAL.
Governor of the Territory of Florida.
TEST.
ROBT. MITCHELL.
Clerk of the Legislative CounciL


Recognizance.


Witness refusing.
Verdict.


An inqiusition
found.






Justice of the
peace may set in
certain cases.




Ifthe constable
be unable.









AN ACT

Concerning Roads, Highways and Ferries.

Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That all the roads in the
S several counties in this Territory, that have been laid
Establsl'ili" cer-
ta: i.onds and a- out by order of any court according to law, shall be
thori.ing county and they are hereby respectively declared to be public
courtto alter, etc. roads and the said county courts in the several coun-
etc. ties of this Territory, now established or hereafter to
be established, shall have full power and authority on
application, to order the laying out of any public road
or roads throughout their county, when the same shall
by them be deemed necessary, and to discontinue such
public roads as now are or shall hereafter be found
useless, burthensome, and inconvenient, and to alter
the roads now, or hereafter to be established, as often
as occasion shall require.
2. Be it further enacted, That whenever a petition
shall be presented to the county court signed by twelve
Petition as to or more householders inhabitants of the county pray-
reads. ing for the establishment of a public road from a cer-
tain place therein specified, it shall be the duty of such
court thereupon, if the petition shall appear reasona-
ble, to appoint not less than three nor more than five
commissioners, any three of whom shall have power
to act, which said commissioners shall be househol-
ders resident in said county, not interested or living in
the direction the road is to be run out. And the said
commissioners shall respectively take an oath before
1'rocCeding there. any judge of the court or justice of the peace of the
said county to view and mark out the said proposed
road, the nearest and most practicable route, and to the
greatest ease and convenience of the inhabitants and
as little as may be tqthe prejudice of any person or
persons. And it shall be the duty of said commis-
sioners to proceed as soon as may be to lay out the
said road, and make a return thereof under their
hands to the next court (noting thereon the distances
and courses as near as practicable of such proposed
road) which return so made shall be filed, and the said
court shall thereupon cause the clerk to publish, by
putting up at the court house door of the proper coun-
ty, a transcript of the petition an.d return for the iufor-
mntion of the inhabitants of said county.









3. Be it further enacted, That when the road 'so laid
out shall pass through the lands of any person or per-
sons, who shall object or consider themselves aggriev-
ed by the same, it shall be the duty of said court on ap-
plication in writing from the person or persons so ob-
jecting at the next term of the said court, after the
return is made by the commissioners aforesaid, to is-
sue their precept, directed to the sheriff or coroner (as
the case may be) ordering him to summon a jury 9f
twvelve houseolders, resident in said county, and not in-
terested or living on the direction of said road, and to
proceed to the ground through which said objection
has been made to the passing of said road, and upon
actual view and upon oath to enquire and certify to
said court what damages ifany, and how much in their
opinion accrue to the owner or owners of such ground
by the passing of the road through the same. And the
said sheriff shall return the inquisitions so by him
made, signed by all the jury to the next court after
the same is taken, and it shall be the duty of the court
to order the damages so assessed to be paid out of the
county treasury; provided nevertheless, that when it
shall appear to the court, that the damages so asses-
sed transcend the utility of that part of said road, such
court shall order the same to be altered in such man-
ner as to do such person or persons the least possible
injury, unless the person so complaining or objecting
shall agree to accept such compensation as shall be
-deemed just and reasonable by the said court, and pro-
vided also, that nothing shall be allowed to any person
or persons where such road passes through his or
theirunimproved lands; and provided further, that if
no objection is made or sufficient reason shown to
said court during the term to which the return of the
commissioners shall have been made why the propos-
ed road so designated as aforesaid, shall not be allow-
ed and established, the said court shall declare the
said road so designated to be a public road and high-
way so to remain until altered by authority of law.
4. Be itfurther enacted, That all public roads laid
out as now in use or which shall be hereafter laid out,
shallbe cleared of all trees and brush at least twenty
feet wide, and such limbs of trees as may incommode
horsemen or carriages shall be cut away and no stump
shall exceed twelve inches in height; all bridges or
causeways made or to be made over small water cour.


Road passing
through land
against tne will of
the proprietor.




































Width of roadj-
height of stumps,
style of cause-
ways, etc. etc.









ses and causeways over swamps or low lands shall be
made and kept in repair by the hands subject to woik
on the roads where the same may be necessary, and
the materials wherewith the same shall be made, may
be taken from any land the most convenient to such
causeways or bridges, and shall be laid across the road
and be at least twelve feet long, ell secured and made
fast and covered with earth.
Division ofroads 5. Be it further enacted, That it shall be the duty
by Justices, of the county court, in each county, to appoint one or
ignore justices of the peace in each district, whose du-
ty it shall be to lay off the several roads therein into
road districts of convenient length, who shall make
return of divisions and the number of them in their
districts to the next county court for said county.
And the said court on the receipt of said return from
said justice or justices shall at the same term proceed
to appoint one fit person, being a householder in each
Ovegeerc. district or road division. And the clerk of the county
court shall within twelve days after the appointment
of the overseers as aforesaid to the several districts,
notify them of their appointment. And it shall more-
over be the duty of the justice or justices of the'peace
laying out the road divisions in his or their districts
from time to time to apportion tile persons therein,
subject to work on said roads among the several dis-
Justicestoappor tticts in such manner and in suc', propotions as they
tion persons. should deem just and equitable, regarding as far as pos-
sible the convenience of the people and the situation of-
the roads, and to give to each overseer of roads in the
district a copy of the appointment s-r made and a list of
the names if those, who are to work his road division.
6. Be it further enacted, That all able bodied free
Personsliable to white males between the age of sixteen and forty five
work. years, and residents for ninety days within any county
in this Territory, and all able bodied male slaves ol the
same age and residence, shall be subject to work on
the public roads and highways in such county.
7. Be it further enacted, That it shall be the duty
overseers, etc. of the county cou-t in each county at thtir first terin
when to be ap- after the passage of this act, to appoint the justices
pointed. of the peace and overseers of roads to perform the
duties as is required by this act.
8. Be it further enacted, That all justices of the
Serve forone peace and overseers of roads so appointed shall serve
year, for one year, and until others shall be appointed, ant









every overseer so appointed who shall refuse or neglect
to do their duty as is directed by this act, or shall not Neglect'ofduh
keep the roads and bridges over small water courses,
and causeways in swamps and lowlands in repair or let
them remain uncleared or ;ut of repair for and during
the space of fifteen days unless hindered by extre,-ely
bad weather, such overseer shall forfeit for every such
offence the sum often dollars, to be recovered by in-
dictment or presentment before any court proper to
try the same, orie half for the ue of any person oi per-
sons prosecuting for the same, and the other halt for
the use of the county. And shall nevertheless be sub-
ject to an action for damages at the suit of any person
injured by such refusal or neglect. And it shall be the
duty of the grand jury of the county from time to time
to make presentments or prefer indictnients to the sev-
eral courts of such roads as they shall find out of re-
pair. Overseer giving
9. Be it further enacted, That whenever the said two days notice.
ro.Lds, small bridges and causeways shall require re-
pairing, the overseer shall give at least two days no-
tice, to all persons subject to'work within their respec-
tive road divisions or districts of the time and place of
attendance with such tools as he may deem necessary. Person failing to
And if any person subject to work us aforesaid shall attend.
fall to attend agreeable to such notice, together with
all slaves, sons, wards and apprentices owned by them
or inder them or under their care or management, they
shall be subject to the following fines to wit, for the non-
attendance of every free person, the sum of one dollar Penalty.
pee day, and for every slave, son, ward, and apprentice
the sum of one dollar per day, to be recovered on the
goods and chattels of such white person failing to
wotk on any road and on the goods and chattels of the
owner or possessor of such slave or slaves, and on the
goods and chattels, of the father, mother or guardian
of any white person under the age of twenty one yeai s,
who shall fail to work on any road as aforesaid by
warrant of distress, in an action of debt before any
justice of the peace, in the name of the overseer w'o
shall nevertheless be a competent witness against such
defaulter or defaulters, unless the party making such
default shall within. ten days thereafter make such tx-
cuse on oath as may be deemed satisfcctory to the o-
verseer and provided also, that no justice of the peace
shall be authorized to issue a warrant aforesaid with-
I)







29

out satisfactory proof being first made that the notice
Commutation of required by this act was duly served.
labor. 10. Be it further enacted, That the overseers shall
be and they are hereby authorized to commute per-
sonal labor for waggons, teans, or any necessary im-
plcments oflabor, which may be required on the road.
11. Be it further enacted, Ihat when any person or
Fence across persons shall have made any fence or laid ary other
roads. obstruction :ci oss or in any public .road heretofore
laid out, without the leave of any court having cog-
nizance the cof, it shall he the duty of the overset r
of the road in % which the same may be, as soon as may
.be after he has noiice or knowledge of such obst tuc-
tion, to cause such obstructions to be remoired, and tihe
road restored to its original situation, unless in the
opinion ofsuch overseer the road now used-is equally
How to remove convenient with the original one. And v hen alny per-
roads. son shall le desirous of removing any road for private
convenience, such person shall petition the county
court for leave to removethe same, and on such peti-
tion it shall be the duty of said court then to issue an
order directed to three freeholders of tile neighbor-
lood, who being sworn as is by law herein before di-
rected, shall proceed to viev the ground over which
such removal is intended to be made, and if the said
freeholders shall report to the next court that such al-
teration will be equally convenient, the county court
may order the same to be made by the per son praying
the same, which shall be cleared in the same manner
as herein before directed.
Making obstr'c. 1':. Be it further enacted, That when any person
ions roads shall hereatlle make any fence or cut atn tree or make
rby other obstructions in or across an' public road,
unless removed within two days, such pers,,n shall for
evtry such offence pay a fine not exceeding fifteen dol-
lars to be recovered by a warrant under the hand of
any justice of the peace to he applied as is herein be-
fore directed; and it shall he the duty of the overseers
of the road, forthwith, to cause the said obstruction to
Road signs. be removed
13 .!.e it further enacted, That it shall be the duty of
each and every oser-eer of tle public roads as afore-
said t' put up road signs or directions, painted on
Compensation boards with capital letters, and safely se uied on posts
ofoverseer. or tree", and at ev 'ry conspicuous fork of such public
roads within his road division, and such overseers










shall receive for each road sign so put up not exceed-
ing I.le Purn o o ne dt llail, Ind for every ..n,l t acil day
he shall supe. intend the labouters on said roAd of be
actually employed in notifying persons to w k on sad
roads, more than the nuuiber of days such uvi.rster
is assessed to work on the roads, he shall receive the
sum of one dollar per day, to be allowed by the cou'iy
court of the proper county, and paid out ol any money
vwhiih may have been paid into the county treasury, for
fines or forft itures incured usuer the provisions of
tiis ac~t not otherwise approl, iated.
14. Be it further enacted, That eacl justice of the
peace, who shall be appointed to perfo rmI the duties
which are required of them by the pi:o\isions of this
act, shall be entitled to and receive one dollar for eacli
and every day they may be employed in the discharge
of the afuresaid duties, to be paid out of any money ii,
the county treasury not otherwise appropriated, to be
allowed by the county court of the unlty in whica
such services may have been rendered. And it any
justice of the peace, wht, mnay be appointed to perform
tht duties aforesaid shall neglect to perform said du-
ties, such justice shall foti fit and pay a sum not ex-
ceeding fifty dollars, to be recovered on presentment
by the grand jury in the county court of the proper
coulny.
15. Be it further enacted That each and every com-
missioner appointed to view the said public roads shall
receive one dollar per day for every and each day Ihe
shall be employed in viewing such road or loads as
full compensation for their services to be allowed by
the county court of the county in which services nm.y
have been rendered, and paid out of any money in the
county treasury not otherwise appropriately.
16. Be it further enacted, That if any overseer, who
may hereafter be appointed under the provisions of
this act, or if any commissioners who may be appoint-
ed as aforesaid to view aui road shall fail or neglect
to perform the duties required of them by. law, each
and every ovei seer or commissioner so failing or ne-
glecting shall forfeit and pay a sum not exceeding fifty
dollars, to be recovered by presentment by the grand
jury in the county court of the proper county.
17. Be it further enacted, T'hat all fines and for.
features which may hereafter be incu red, under the
provisions of this act, shall be paid into the county


Compen.qti,,n
to jIst-c'- f r
diridai, roads
etc.




Penalty for i.a
gNlct.




Compensation
of Commission-
erN.





Overseer or
coanl.nissioner t
act.
Fllding.







Fines and fot*
fe ures appro.
p.atled.







8t

treasury, an4 after the payment of the overseer, as is
provicldd for -by this act, shall be and the same is here-
by direcltcd to be appropriated to the improvement of
the several public roads and highways, in the coun-
ties in which-the same may have been incurred, either
by hiring horses, waggons, labourers or otherwise, as
the overseers of the several road divisions or districts
shall deem most advisable and proper, asid an order for
such overseer shall be a sufficient voucher to the coun-
ty treasurer for the payment thereof.
18. Be it further enacted, That no person or persons
shall keep a ferry in this Territory, so as to demand
or receive pay, without a special licence first had and
Ferries to be li- obtained from the county court of the county where
sensed. such ferry may be; and the said court are hereby em-
powered on the payment of such sum as the said court
shall deem reasonable, not less than' two dollars nor
exceeding one hundred dollars, for the use of the coun-
ty to grant a licence to each and every person apply-
ing, who shall bejudged suitable for such service by
the same court, for the term of one year from the time
of giving such licence, to keep a ferry at such place
Ferriage regu- as the said court shall judge necessary. And the court
lated. shall state the fare and ferriage at each ferry, for pas-
sengers, horses, and other creatures, carriages, wag-
gons, carts, teams, and other things transported, al-
ways having regard to the breadth and situation ofthe
stream, and the publicity of the ferry: and provided al-
Proviso. wa% s that every person having applied for a licence as
aforesaid, shall before t..e same shall be granted, give
bonrd with sufficient securities to the clerk of the coun-
ty court of the county wherein such ferry may be and
to his successors in office, in such sum as the said
court shall order, conditioned for the faithful perfor-
mance of the duties ofhis place.
19 Be it further enacted, That it shall be the duty
of the court, granting licences for keeping ferries, to
Tax on Ferry compel the person obtaining the same to pay therefore,
licence. for each year, any sum not less than two dollars and
not exceeding the sum of one hundred dollars, and
under every restriction and condition by law provided
concerning the granting of licences.
Good bo-ts and 20. Be it further enacted, That all ferrymen at the
ready service, several ferries in this Territory shall keep a good boat
or boats, in good repair, suitable to the water they are
to ftrry over, and give ready and due attendance on









passengers on all occasions, and shall give the like at-
tendance when waggons, carts, horses, or other things
are to te transported And every ferryrman neglect-
ing or refusing to give such attendance, shall for every
such offence forfeit and pay the sunm of two dollars,
and for neglect in keeping such boat or boats, and in
good repair as aforesaid, he shall forfeit the sum of
thirty dollars, one moiety of which fines shall go to
him or her who shall prosecute the same to effect, and
the other mnoity to the use of the county wherein such
ferry may be, and be further liable to pay in an action
of trespass on the case of all special damages as any
person shall sustain by such neglect.
21. Be it further enacted, That if any person li-
censed to keep a ferry shall, on being tendered his
lawful compensation. refuse or neglect, without a rea-
sonable and lawful cause, to cross any person, his
horses, cattle. -arriage, brutes or property in a con-
venient time after such application, such ferryman
shall f-r every delay of thirty minutes forfeit ar.d pay
the sum of two dollars to the person injured, to bere-
covered with costs of suit before any justice of the
peace within the county in which said ferry is kept.
'22. Be it further enacted, That each and every fer-
ryman. so licensed as aforesaid shall keep a list of the
rates of ferriage at such ferry as is established by law,
written in a fair and legible hand. constantly posted
up, at some public place, either at the ferry or at the
ferry house, and if any such ferryman shall neglect or
refuse so to do, ie shall forfeit and pay the sum of
four dollars, for every such offence, the one moiety
whereof shall go to the use of the county, wherein such
ferry may be. and the other half to him, who shall pros-
ecute for the same.
23. Be it further enacted, That if any person or per-
sons, shall keep a ferry or transport passengers or any
of the things mentioned in, or coming within the per-
view of the eighteenth section of this act, over or
across any stated frrry, so as to demand or receive
pay, not having first obtained a licence in the manner
before pointed out, he oc they shall, for every such tf
fence, forfeit and pay the sum of ten dollars, one mo-
iety thereof for the use of the county wherein such fer-
ry may he, and the other moiety to him, or her, who
shall prosecute the same to effect: and be further liable
in a special action on the case, to pay such damages


With penalty.











FnerTrnan refiu
sing to serve,
passenger etc,







Ferryman to
post rates.








Unlicensed feral
rics taking pay.









as may or shall accrue to the person licensed and atu
thorised to keep such ferry; all of which penal ies shall
be sued for before some justice of the peace of the
county where such offvn e is committed, in an action
ofdebh or qui tamn-provided that every offence against
this law shall be prosecuted within one year after the
offence is committed.
24. Be it further enacted, That upon his nonperfor-
mance of his duties as ferryman, the said court may at
.icence revo- any time revoke his licence, and grant the same to in-
lk-le, other suitable person, subject to the conditions hreein
before recited.
EDMUND LAW,
President of the Legislative Council.
[./2pro-ved September. 13th 1822
\ M. P. DUVAL
Governor of the Territory of Florida.
TEST.
ROBERT MITCHELL.
Clerk of the Legislative Council.

AN ACT

To provide against unlawful Gaining.

Be it enacted by the Governor and Legislative Council
Gan oj the Territory offlorida, Th'lat all contracts for ganm-
tracs void. iog on money lost or won upon any games whatsoever
are hereby declared null and void.
EDMUND LAW.
President of the Legislative Council.
.Afifrovrd September 13th. 1822.3
\ I\,. P.DUVAL.
Governor of the Territory of lorlda,
"TEST.
ROBERT. MITCHELL.
Clerk of the Legislative Courcil.

AN ACT

Organizing the Militia of the Territory

Be it enacted by the Governor and Legislative Coun-
Qualifications eil oj' the Territory of Florida, That esery able bodied
af iitia-men. free white male inhabitant of this territoryy, between
the ages of eighteen and forty five years, shall be lia-










ble to perform militia duty, to he enrolled by the cap.
ta:ii or comn nandi.n otricer of tile coiii).iiy within
wv ise bounds he n'ay reside. It shall be the duty of
said officers respectively to enrol every such inhabi-
tant, as also such persons who shall from time to time
arrive at the age otfeighteen years, as well as those per-
sons who come to reside within his bounds or limits;
and it shall be the duty of the captain or commanding
officer of each company, to enrol from time to time all
those who arrive at eighteen years, and also those
Who come to reside within his bounds, and shall notify
without delay every such person of his enrollment by
a non-commissioned officer or some other person by
whom such notice can be proved-Provided that no
person shall be called upon to perform militia duty who
ha3 not resided at least two months within this Terri-
tory, and ten days within the proper bounds of his com-
pany except in cases of actual or threatened invasion,
when any such person on proper notice being given
may he ordered into service by the captain 'or com-
manding officer within whose bounds he may reside,
and be subject to the same fines and penalties as are
he rafter provided-and provided also, that the judges
of the district and circuit courts (county courts) and
their clerks secretary of the Territory, and such other
persons as are exempted by the laws of the United
States, to wit: all post masters, the carriers of the U-
nited States mail and ferrrnmen on the United States
post roads shall be and they are hereby exempted
from militia duty; also all sheriffs ordained ministers f
the Gospel, teachers of public seminaries and keep-
ers of jails, except in time, of wat or insurrection.-
But it may be 'awful for any of the above named per-
sons to accept of commissions in the militia.
2. Be itfurther enacted, That the Governor may
authorize the field officers of any regiment, immediately
after their appointment to recommend to him, who
shall commission the same if approved, one captain,
one first and one second lieutenant for each company in
their regimenit, and said recommt ndaiion shall autho-
rize the person so recommended to act till ;aid com-
mission or disapproval le made by the Governor,
but if it be not made by the first of June, in the year
one thousand eight hundred ar.d twenty three, the
authority of the said officerss shall then cease, or he may
at his election appoint said officers without such re-


Officers enrol.











Notice.






Proviso.

Further Proviso.












Platoon officers
recom'd by the
Field-to act
unless.










conrnendati'n.---The Governor shall appoint and
Co :niossi.in to each regilnent one coUonei, o.n liut'in-
Field ppoint- ant col'nlcl and one majJr----and all offi-..rs woo shill
meots.
ac ept an app)inti -nt u.:t-r tiis law and sn. il
continue to reside within their res:)ective bounds shall
hold their con mission during the pleasure -if the
Governor. Tse regimental staffshall consist of one
Staff appoint- adjutant, one quarter master, one paymaster, one sur-
ments.
geon and one surgeoi's mate, one .ergeant major aTid
quarter master sergeant, one drum major, and one fife
major to be appointed by the commandant of the regi-
mrent, and moreover the adjutant, quarter master, p y-
master and surgeon, to be approved of and conmmis-
missioned by the Governor. All sergeants and corpo-
rals or companies shall be appointed by the command-
ants of companies.
Requisite 3. Be it further enacted, That each militia m ,n
eqlupment. shall attend the several musters, provided with a good
musket or rifle, powder-hui n and powder. balls and
flintl.-And the commissioned offirrs of infantry,
when on duty for parade, exercise, inspection or ser-
Uniform. vice, shall wear the uniform of the United States and
be severally armed with a sword or hanger, and eeiry
officer whose duty requires him to be mounted shall
Exempt from moreover be armed with a pairof pistols-and all of
execuuton. said arms and accoutrements shall be exempt from exe-
cutions or distresses, for debt, dtiinages or taxes. The
Exempt from said militia men shall be. exempted from arrest in
arrest. going to and returning from parades, inspections, un I
courts martial or rendeavous by order of their su-
Except prior officer or in compliance with the provisions of
this act, except in cases of treason, felony or breach of
the peace---Provided that the court for the assessment
of fines shall have power to excuse anv person for not
appearing equipped as the law directs, if it shall an-
Commissioned pear to the satisfaction of the court that saic person
otiicers awurn. does not own said accoutrements, and is not able to
provide them at his own expense.
4. Be it furtherr enacted. That any offi.er commis-
sioned by virtue of this art, before he enters on the
duties of his offi e, shall take an oath to support the
Oath. constitution of the United States and the following
o ita or afir-nation.-to wit; I do solemnly swear (or
affirm) that I will faithfully execute tO:e duties
in the a- :o Adin to ;h best of tny
abilities," which oath or affirmation skiai be endorsed










on the back of the commission by the person adminis-
tering the same.
5. Be it further enacted, That in all cases where the
day has not been previously assigned and mentioned at
the last proceeding muster, which is hereby declared
to be legal notice for the troop, company, battalion, re-
giment or brigade, to assemble on parade, for muster,
review or inspection, it shall be the duty of the com-
mandingofficer ofthe corps so to be assembled, to
cause the orders to that effect to be given to the cap-
tains of their respective companies at least ten days be-
fore the said parade, and it shall Ine the duty of the said
captains to cause three days previous notice at least to
be given to each individual of the company, by an of-
ficer or non-commissioned officer, in writing, left at his
usual place of abode. Provided, however, that when the
commander in chief, the brigadier general, the com-
rranding officer of regiments and battalions, and de-
tached companies, for the purpose of rep-lling inva-
sion or attack, or to aid and support the civil authority,
shall command the service of the militia (which they
are hereby authorized to do) such previous notice shall
nut he necessary, but every person subject to militia
duty shall march at a moment's warning.
6. Be itfurther enacted, That it shall be the duty of
the brigadier general and colonels to designate and as-
sign the boundaries and limits of the regiments, and
of the colonels, to designate the boundaries of the se-
veral battalions; and the major and lieutenant colonel
shall designate the boundaries and limits of compa-
nies. The field officers ofeach regiment, or a major-
ity of them, authorized by the brigadier general, may
form new companies as the population increases, or as
the public interest may require. The regimental pa-
rade ground shall be fixed by the colonel; that of the
battalion by the lieutenant colonel and major, and of
the companies by their respective captainis-which
places shall be as central and convenient to all as cir-
cumstances will admit.
7. Be it further enacted, That every officer non-
commissioned officer, musician and private, shall ap-
pear at his respective muster field on the day appoint-
ed, and at the hour designated; the officers in uniform,
armed and equipped, and the privates armed as di-
rected by this act, and not to leave the parade until
permitted by the commanding officer-and it is here-
E


Notice for mus-
ters.











Proviso.








Bondaries and
Iluits.





New companies,



Parade ground.



Officers to ap.
pear.







I9

Trree hours ex. by made the duty of the said commanding officers fi
ercise. exercise their respective corps at least three hours of
o calling. each regular muster day. It shall be the duty of ev-
Scling ry captain to cause his roll to be called at the meeting
and at the dismissing of his company, to note down all
delinquencies and defaulters, and return them to the
judge, advocate, who shall lay them before the succeed-
ing court martial or court for the assessment of fines.
It shall be the duty of the several captains or comman-
dants of companies, on or before the first of May in
every year, to make return of the strength of the com-
'Ieturns of pany, number of rifles, muskets, bayonets and other
Strength. eqnipments required by law, to the adjutant of the re-
giment, agreeable to such form as shall be prescribed
by this act; and the adjutant shall within thirty days
thereafter, from those returns, make out a return of
Regimental re- the strength of his regiment, agreeable to the furm
turn furnished by the adjutant general, and shall deliver ne
copy thereof to the brigade inspector within said times
Bliade return, and one he shall keep and preserve in his office. The
briga:le inspector shall from these returns, on or be-
fore t he first of August in every year, make out a gen-
eral return of the strength of his brigade, and transmit
a copy thereof to the adjutant general, retaining one
copy to be filed in his office.
8. Br it further enacted, That if any non-commis-
sioned officer, musician or private, at any regimental,
batalion or company muster, shall disobey the legal
Any non-com. .
mnssioned ofi- an: proper orders of their superior officers appointed,
cer. or private, or otherwise act with disorder, or if any by-stander at
disobeying or- any such muster shall insult or otherwise molest any
ters. such officer, non-commissioned officer, musician or
private, whilst on parade or employed on any other
service authorized by the laws of this Territory, the
commanding officer of the regiment, battalion, troop
or company, as the case may be, may order such per-
son or persons to be put under guard for any time not
exceeding three hours, and the said person or persons
so oflfnding shall moreover be subject to pay such
fines as may-be imposed in the manner hereafter pro-
Adjutant gen- vided.
cgrt. 9. Be it furtherenarted, That the Governor shall
appointand commission an adjutant general, with the
rank of colonel, who shall perform all, and singular the
duties enjoined on an adjutant general by an act of
congress utitlcd "an act to provide more effectually







8S

for the national defence establishing an uniform milt.
tia throughout the United States," and by an act in ad- Aid.-e.camp,
edition to the act before recited. The bi igadier gent br ride inspect
rfl shall appoint one aid-de-camip, and shall appoint tor, and brigde
one brigade inspector and one quarter nmster of bri- quarter maiste.
g.,de to each brigade, who shall be commissioned by
the governor. It shall be the duty of the brigade in-
spector to attend the regimental and battaiuon mus-
ttrs of the militia in his brigade, to inspect their arms,
ammunition and accoutrements, and superintend their
exercise and manoeuvres, and introduce the proper sys-
tem of military discipline, and to make returns to the
adjutant general, of the state of the militia, once a
year, in addition to the return of the strength of his
brigade, before required, reporting therein the actual
situation of the arms, accoutrements, anuunition of
the several corps, and every thing which in his judg-
ment may relate to their government, and the general
advancement of good order and militia discipline. where the mill
10. Be it further enacted, That where the Militia tia laws ofthe
laws of the United States may not have detailed the U. States are
duties of the respect tive offi-ers in relation to the dis- detective.
cipline of the Militia, such duty shall be determined
by reference to the discipline established for the egu-
lar army.
11. Beit further enacted, That the Adjutant Gene- Adjutant gen.
ral or brigade inspector, for a violation or neglect of ra, brigade in-
the duties imposed on them by law, shall incur a pen- spector. or com%
alty not exceeding one hundred dollars, nor under missioned or
thirty; any commissioned, or staff officer failing to per- staff officer it*
form the duties required of hiMa respecting the ap- gecn'Ugetc
pointment and giving notice of regimental, battalion,
or company musters, or 4f his non-appearance at such
muster, in uniform, and equipped as the law directs,
or for his failing to make these reports, which by law
he is directed to make, shall forfeit and pay as follows,
that is to sa,, a commandant of a regiment, or brigade
inspector, the sum of fifty dollars, major of a battalion
forty dolla s, the commanding officer of a company, or
adjutant, the sum of twenty dollars, a lieutenant or en- Cashiered.
sign the sum of ten dollars, and those officers respect-
ively, moreover be liable to be cashiered at the discre- Non-comiTsn
tion of a court martial. Each non-commissioned offi- stoned officer,
cer failing to give notice ofany muster when he shall
receive orders for that purpose, without a reasonable
vscuse, shall be fiaed iz the sumu of five dollars; such







*9

M1;ician cr pri. on-commissioned officer, musician or private, fot
vate. failing to atterd any muster. review or inspection, or
for disobeying any order, which by virtue of this act,
his superior officer may give, or for his failing to re-
pair to the prescribed rendezvous, with his arms and
accoutrements, he being properly warned so to do, or
fai iir~ to do itis duty when there, or absenting himself
without a lawful excuse, shall forfeit and pay, that is
to -av, for non-appearance on Ihe parade, two dollars,
Non conmip. and for not being equipped and a( coutred as this ,ct
sioned officer directs, the sum offif:y cents. and for absence without
naustserre. leave after appearance, the sum of two dollars. Every
non-com ,issioned officer appointed in pursuance of
this act, shall serve for the term of one year, or pay a
fine of ten dollars, the payment of which said penalty,
s all. if such person insist on the privilege, exempt
the person so refusing, front, the duties of the said of-
fice, for the space of two >ears.
12. Be it further enacted. That it shall be the duty
of the commanding officersof companies, to proceed
Companies forthwith to divide their companies into classes, by
cluscad ballot, from one to four, for the purpose of the regular
routine of duty, where called into actual service, and
return a roll of ea:h class, and to number in rotation
within thirty dais thereafter, to the commanding of-
ficer of the battalion, who shall transmit the same to
the conmmanding officer of the regiment, who shall
cause the same to be recorded by :he judge advocate,
and the commanding officer of the regiment or battal-
ion shall make a return of the same to the adjutant
general.
Substitute. 13. Be itfurther enacted, That if any person shall
be called upon to perform a tour of duty, such person
shall be acquitted. provided he furnish his command-
ing officer with an able bodied substitute in his room
or stead, no substitute shall be received unless armed,
Proviso. as hy this law directed; hut if any substitute in his own
turn should he cr.lled into actual service previous to
theexpiration of the time for which he shall have
been enrolled, then the person procuring said substi-
tute, shall march in his room or procure a substitute
for the remainder of the time, or be liable to the same
Exemption. penalties as if called upn in his own name. Any per-
son called upon to per'orni a tourofduty as afo'resaid,
and serving by himselfor substitute, or otherwise pay-
ing such fine as the court martial shall adjudge ade.
quate to the offence, such person shall not be bound to










perform any tour of duty until regularly called upon in
rot. riin.
14. Be it furtherenacted, That whenit may be ne-
cessary to call into actual service any part of the mili-
tia, on actual or hi-ealtieed invasion of this Territory,
or any of the neighboring states or territories, it shall
and may be lawful for the governor to order into actual
service such part of the militia as- :he exigency may
require; and. when any part of the militia of this Terti-
torv shall be called into actual st rs ice, it shall be the
duty of the commander in chief to order from the re-
giier. or battalion from which the militia slhall be
detached, in proportion to the number of men furnish-
ed hb said regiment or battalion, a sufficient num!)r.
of 'rficers giving preference to the senior officers f,
ea:dl regiment or battalion, to officer said detachment.
And in all cases the officers of the militia of this Tcr-
ritory, shall be called on to perform their tcurs of lu-
ty, in rotation, in the same manner as is by this act di-
rected, for the several classes of the militia; Providtd
however, that no militia-man shall be compiled to
serve more than six months at any one time, ard that
sixty days shall be accounted one tour ofduty.
15. Be it further enacted, That if any sudden in-
vasion shall be made or threatened to he made into
this Territory by ndians or any other power, the corn-
manding officer of the regiment, battalion, or comnpa.
ny where the invasion is mndle, or meditated, is hereby
authorised and requirt to order out the whole or a-
ny part of the militia, according to classification, as
he 'nay think necessary for repelling such invasion,
and shall call on the commanding officer of the adja-
cent county for such aid as he may think necessary,
who shall forthwith furnish the same.-And it shall
be 1 it duty of the coimaiding" officer of a county on
receiving information of the invasion of lis or any
neighboring county forthwith to give notice of the
same by special message or otherwise to the governor
of the Territory, that he may make the necessary ar-
rangements for repelling the same. And it auy officer
non-c,,mm siioned officer, musician or private, shall
neglect or r, fuse to appear upon the order of the com-
mander in chief, brigadier general or other officer
duly authorized as above. such delinquent shall forfieit
and pay at the discretion of a court martial for
the assesnient of fi;es, a sum not exceeding one
years pay, nor less than three months pay, as es.


Call of the mi-
litia on invasio,



















On sudden in.
vaswo.







4f

tablished for the compensation of the service of suck
ctualservice. person when in actual service. The militia when in
actual service of the Territory, shall be governed by the
rules and article's for governing the armies of the Uni-
ted. States.
16. Be it further enacted, That if any officer shall
Officer inaubor- misbehave or act with insubordination or in disorder,
duiate etc. etc. or in violation of the foregoing provisions whilst on
parade, or assembled for review, muster or inspection,
or any other duties authorized or required by this act
he shall immediately be arrested by the commanding
officer present, ard report to the brigadier general or
commander in chief, who, for this as well as all other
violations of this act, shall order a court martial or
court of enquiry, for the investigation of the officer, or
Before trial, ten trial, as the case may appear to require. Every officer
days notice, to be tried by a court martial shall have ten days no-
tice given him of the time and place appointed for the
trial, and shall have a copy of the charges exhibited a-
gainst him ten days at least before the sitting of the
said court. In every court mai tial for the trial of an
Two-thirds to officer not less tLan two thirds of the members present
condemn, shall agree in the sentence or judgment of said courts,
otherwise the person charged shall be acquitted; and
when the member s shall he required to give their votes
on a question or discussion, they shall begin with the
youngest in commission : Provided, that no commis-
sioned officer shall be allowed to resign his commis-
sion whilst under arrest.
etc. special 17. Be it further enacted, That when a brigade, re-
gard ordered. giment or battalion, assemble for review, inspection, or
exercise, the commanding officer shall order a guard
ofasubaltern or sergeant and such number of men as
he may deem necessary, whose duty it shall be to re-
ceive and guard all such persons as shall be ordered
vnder their charge by the commanding officer or in-
spector for misbehaving or refusing to attend to disci-
pline in exercising and performing all those evolutions
and other duties which may be required of them by this
law.
18; Be it further enacted, That if any officer shall
be guilty ofa breach of this law, or in any respect
Officers offen- neglect or violate this duty, or be guilty of any ungen-
ding, punished tlemanly conduct, he shall be heard, tried, and if
4 discretion. found guilty, sentenced at the discretion of a court
partiud.









i9. Be itfurther enacted, That parents shall be bound
for payment of fines incurred by thtir sons under the
age of iwenty-one years, guardians for the payment of
fines incurred by their wards, and masters or mistres-
ses for the payment of fines incurred by their servants
or apprentices, and they shall be respectively charged
therewith by the court of assessment accordingly.
20. Be it further enacted, That itshall be the duty
of the adjutant of each regiment to keep a register of
the officers belonging to his said regiment, for courts
martial and courts for the assessment of fines.
21. Be it further enacted, That the field officers of
each regiment; or a majority of them, shall appoint a
fit person as judge advocate, of the regiment, whose
duty 't shall be to prosecute in behalf of the Unitea
States, and also to perform such other services as may
be prescribed by law.
22. Be itfurther enacted, That it shall be the duty of
the paymaster of each regiment; independently of such
duties as may be required of him by the commander in
chief, to demand and receive from the different sheriffs
all monies which they have respectively received, or
ought to have received, as militia fines. And in case
such sheriff shall neglect or refuse to pay the amount
of fines, so by him collected, or which ought to have
been collected, on demand being made by the paymas-
ter of the regiment, of the county of which he is, or has
been sheriff, it shal' be lawful for such pay-master on
giving ten days previous notice to such sheriff, in or out
of office, to recover judgment in a summary way by mo-
tion against such sheriff, in the name of the pay-
master, for the use of the said regiment, to which
he may belong in any court of record in the county,
in which said sheriff or paymaster may reside.
Also to receive and receipt for all monies col-
lected, for fines and forfeitures, within his regiment,
and safely to keep the same until drawn out of his
hands by the commanding officer of the regiment or
battalion to which he may be at:aci ed, which said
warrant shall be given in writing by the said com-
manding officer, for the use of the said regiment or
battalion, specifying the object to which the moniee
so drawn for are to be applied. The judge advocate
shall transmit to the paymaster all the sentences of as-
sessment or appropriations, which shall from time to
time be made by the court martial or the court of as*


Parents, guawt
d(ans etc. etc.
liable.



Register of of
ficers.



Judge advocate,
how appointed.



Paymaster, his
duties.










sessment, and it shall be the duty of the pav-master to
receive and file the sain-. The pay-nasteri shall pre-
viously to his entering on the duties of his office, in ad-
dition io his other qualifications, prescribed by this
act. execute a bond to the (Govtrnor oj the Territory,
with security to 'b approved of by the commandant of
the regimnent, in the sum of one thousand dollars for
the fail iul (lischarg- of niis duties as pa master. And
he the said paymaster shall annually, in the month of
Mlay, settle with the field utricers of his regiment, or a
majority of there, the amount of all monies received and
disbursed by him, and he shall be entitled to receive
five per centum for all monies so by hi:il received and
disbursed, or paid out as above mentioned ; immedi-
ately after which settlement it shall be the duty of
such paymaster t' report fully and at large, a detailed
statement of his accounts to the adjutant general, and
also to the commanding officer of his corps.
23. Be it further enacted, That there shall be ap-
pointed an I commissioned by the Governor, one quar-
ter' master general with the rank of colonel of
Quarter master infantry, in the United States army, to whom there
general, rank shall be annual retu-ns nade by the regimental and
andduties. brigade quarter masters, of the state of the public
arms and accoutrements, and other public property
applicable to military purposes, and he shall make re-
port of the same to the executive of this Territory, and
shall do and perform such other duties when in actual
service, as are prescribed by the regulations of the ar-
myy, for the quarter masters department.
24. Be it further enacted, I )at the commander in
chief or brigadier general shall, when they or either of
General court them may think proper, order general courts martial
tnartal. composed of officers of any regiment or battalion, or
from different regiments or battalions, which said of-
ficers shall assemble at such place as the commander
in chief or brigadier general shall appoint, and shall
have powers to hear, try and determine all complaints
arising under this act, which may be brought before
them, but the sentence of such court martial shall not
be final until approved, or disapproved by the com-
mander in chief.
Regimental 25. Ee it further enacted, That the commanding of-
court martial. ficers of regimfenls and separate battalions shall have
power to order iegimental courts martial, for the trial
of captains and subalternsi the sentence of which shall









not be final until approved or disapproved by the com-
mander in chief.
26. Be it further enacted, That three days succeed-
ing a regimental muster, a court for the asssesment of
fines shall be held by the commissioned officers of such
regiment or any five of them. The highest officer in
rank of such regiment or battalion that may be pre-
sent, shall he president. And the said court when
convened shall have power to enquire into inability
and delinquencies, that may have happened at any of
the proceeding musters, and also all neglects or omis-
sions of officers as well as privates. The judge advo-
cate shall act as clerk to each regimental court mar-
tial, or court for the'assessment of fines, and court of
appeals, to which he belongs, and shall record in a
book to be by him kept for that purpose, the whole
proceedings of such court, which proceedings at the
lose of each court shall be signed by the president of
such court martial, or court for the assessment of
fines and countersigned by the judge advocate. The
judge advocate shall be exempted from parade duty,
and have an allowance made by the court not exceeding
two dollars per day. It shall be the duty of com-
mandants of regiments, and battalions from time to
time to certify to the paymaster, the amount of such
sum as the judge advocate may be entitled to, and to
issue a warrant for the payment thereof.
27. Be it further enacted, That the president of
such court assembled for the assessment of fines and
the punishment ofdelinquincies, shall administer to the
judge advocate the following oath or affirmation, to
wit, "you solemnly swear or affirm (as the case may be)
that you will faithfully execute the office of judge ad-
vocate to this court, that you will keep an exact record
of all their proceedings from time to time, and not dis-
close or discover the opinion of the court,(when secrecy
may be required) until approved or disapproved by the
commander in chief, and that you will not disclose the
opinion of any particular member, unless called upon
to give evidence in a court ofjustice. The judge advo-
cate shall then administer to the president and mem-
bers of said court the following oath o- affirmation, to
wit, "You solemnly swear. or atfirm (as the case may
be) that you will assess all fines according to law and
evidence, to the best of your understanding without
partiality, favour or affection.
2 8. Be it .further enacted, That the judge advocate
F


Ce"'rtfor asses*
ment.



Powers.

Juuge ad ocate.












Duties of corrn
mandants.




Judge advocate
sworn.











Court sworn.









A sAhill nike *out' Air faith anid -authtBitcatid ecr;tesa 'df aEi
o'U copu onf fines assessid by a court martial .qra cou.t for.the as-
fines assessed. s'essment of fines, and deliversuch liat to the comand-
ing officer of the regiment to which he belongs, one of
which the commanding officer-shall transmit to the
adju.tant general, one to the sheriff of the county, one
other to the paymaster, and one other he shall retain
Iow disposedof for his own use. The sheriff shall receipt for such list
to such commanding office, and proceed to collect the
amount of such fine contained in such list as is herein-
after directed, and be entitled to the same fees and coni-
Sheriff. mission, to be paid by the delinquent, as is allowed on
executions. And the said fines when collected, shall
be paid over by the sheriff to the paymaster of the re-
giment. Allfines imposed and collected by virtue of
the provisions of.this act, -hall be .appropriated and
Pay master disposed of as follows; the pay. of the judge advocate,
aid the necessary sum for the -purchase of colors,
drums and fifes and all other necesseary expenditures
under this act, shall be first deductd froAL. the -amount
of ihi said fines, and othei monies in the said pay-
masters hands.
29. Be it further enacted, That whenever an oath or
affirmation shall be administered by the judge advo-
Oath of wvitnes- cate, to a witness, the said oath or affirmation shall be
ses. in the following form. to wit: "Y;Yu swear or affirm,
(as the case may be) that the evidence you shall give
in the case now in hearing shall he the truth, the wholo
truth and nothing but the truth."
30. Be itfurther enacted, That when a judge ad-
Judge advoc-te orcate shall fail to attend a court martial or court for
fail.ingtuatteld. the assessment of fines, such court shall appoint a
judge advocate pro tem. to act in his place. .On the
-assembling of any court martial or court for the as-
sessmrent of fines, the president thereof shall appoint
Provost martial. a provost martial, whose duty it shallbe to execute the
commands of the court, and keep any bystander from
interrupting the court, whilst sitting. And if any
person appointed as provost martial shall neglect or
1tefuse to act as such without making a reasonable ex-
Neglecting or eusefor-such neglect, on refusal, such person shall be
rrtfsi'. fitted r. any sum not exceeding five dollars, at the dis-
-retion-of the court martial. making such appoint.
Indecent beha- nen t. And any person behaving in an indecent, pro-
vior. joking, or riotous manner, before the cou,- when sitr
ting shall be fine at the discretion of the court, not'










less than four nor more than ten dollars. The prpet-
dent of any court martial or any general or field officer
sliall hate power to issue, summons to compel tlle at-
tendancr of witnesses, which said summons mav be
executed by sucn person as the general or field officer
sbhail appoint, or by the provost martial, under the di-
rection of the court and if any witness after being sum-
moned, shall fail to attend the said court at the time
and place mentioned in the summons, he shall bl fined
by the said court, if no reasonable excuse for such ab-
sence can be assigned, in a sum not exceeding five
dol!.,rs, at the discretion of the court. The court may
moreover award all attachment to compel the attend-
an ce of such witnesses, and the said fine shall be col-
lected and accounted for, and appropriated in the same
mnnnter, as other militia fines. All courts- martial
shall have power to adjourn from ti, e to time, if it be
necessary for them so to do : Provided, that such ad-
journment shall not be for a longer period than thirty
days.
31. Be it further enacted, That on the refusal
or neglect of the judge advocate, faithfully to perform
such duties, as are by this act assigned him, he shall
be fined at the discretion of a court martial, not exceed-
iny fifty dollars.
.32. I it further enacted, That the necessary forms
of courts martial wvinch may not be expressed in tots
act., shall be such as are.established by the articles of
Vwar.
32. Be it further enacted, That when in the opinion
of the commander in chief, such corps cal be conve-
niently raised and equipped, independent troops of
horse, and companies of artillery, grenadier, ligh-in-
falttry and riflemen may be formed. And the said
companies or corps shall choose their own officers, and
be armed and wear such uniform as the officers of
such companies or a. majority of them shall direct.
And individuals composing light companies shall not
be subject to fines for not attending muster in their
former companies. After an independent company is
formed agreeablv to law, no person belonging to such
company shall be permitted to join any other compa-
ny so long as he resides within the hounds of the regi-
Trent; battalion, or light company to which he belon: s,
unless after six months notice, to the commanding of.
ficer of such company, of his intentions, to withdraw,


compel attend
dallce.




Witness failing.



Attachment.




Adjournment




Jiiflde advocate
refitsinmg o0 ne-
glecting I'en-
alty.

Forms not ex-
pressed.




Independent
companies and
corps.




















Independent
corps etc. ln-
der orders of
adjutant etc.




Civil privileges.



Proviso as to en.
tire horses.



Further proviso.



Purser's duties.


Tromn such company, or without the permission of the
individuals composing the same: Provided however,
that no person shall enrol himself in any light infantry
or rifle company out of the bounds of the battalion to
which hebelongs. All artillery companies hereafter
to be rsised shall be attached to the regiment in the
bounds where the captain commanding the same may
reside,and be subject to the sAme rules and regula-
tions of the said regiment.
34. Be it further enacted, That all persons desir-
ous of forming troops or companies of horse or artille-
ry, and who shall associate themselves, shall subscribe
certain rules and regulations for their government,
which when sanctioned by the commander in chief,
shall be binding on them. All such volunteer com-
'panies shall act, muster and parade by the special or-
der of the adjutant general, or commander in chief, in-
dependently of, and in addition to those duties, which
they are bound to perform by the company regulations
and by the provisions of this act.-Every trooper, who
shall enroll himself for this service, having furnished
himself with a horse, uniform, clothing, and other ac-
coutrements, shall hold the same exempted from tax-
es, and all civil prosecutions during his continuance
in said corps; Provided nevertheless, Thlat when any of-
ficer or private of any troop of horse shall keep and
use a stud-hcrse in said troop, no more than the tax of
an ordinary horse on the list shall be exempted. Pro-
vided that all such horses and accoutrements shall be
registered with the purser of tl'e troop or company,
which officer shall be recommended by the troop, and
commissioned by the Governor It shall be the duty
of the purser to act as clerk, to keep a list of all de!i-
quencies, to receive all fines and appropriate them a-
greeable to such rules as shall have been adopted by
the said troop ; it shall moreoverbe the duty ot the pur-
ser to keep a list of the distribution of all public arms,
ammunition, accoutrements military, take a receipt
for the same, and make a report to his captain or com-
manding officer, every two months of all delinquen-
cies and of all monies received, paid out and remai-
ning in his hands. Also all public stores and equip-
page belonging to the company, and receive foi his
services such compensation as may be allowed by the
said company. The commanding officers of troops,
companies and light corps shall malk a full report of









the state-thereof, every six months to t4e, co tma der
in clhic'.
35. Be it further enacted, That in all casesnot spe-
cially provided for in this act, the several acts of con-
gress providing for the national defence by establish-
ing an uniform militia throughout the United States,
shall le observed by the militia of this Territory.
35. Be itfurther enacted, That. whenever in any of the
several counties in this Territory the sheriff shall make.
report to any one or more judges or justices of the
peace, that he hath in his custody one or more per-
sons charged with any capital offence against the laws
of the United States or of this Territory, and that the
jail of such county is in his opinion insufficient for the
safe keeping of such prisoners, the judge or judges,
justice or justices, or any one of them if a judge of the
Territory, or any two of them, if justices of the peace
ofthe county, if in his or their opinion the said report
of the sheriffbe correct, shall forthwith together with
the sheriff of the county certify the same to the com-
manding officer of the militia of the county or regiment
for the time being, and it shall be the duty of the sAid
commanding officer, thereupon to order out of the mi-
litia a suitable number of officers, non-commissioned
officers and privates(sufficient for guarding and safe
keeping such prisoner or prisoners) by regular rota-
tion olduty, in such manner and for such time as shall
be the least inconvenient and burthensome to the mi-
litia, and at the same time consistent with the safe
keeping of the prisoner or prisoners. If any officer
shall refuse to obey such order, he shall be subject to
be tried by a court martial, and be punished as by tlis
act directed for disobedience oforder: And if any non-
commissioned officer or private shall disobey, he shall
be fined by the proper court the sum of three dollars
to be assessed, collected and appropriated as other mi-
litia fines.
37'. Be it further enacted, That the militia shall
muster four times by companies in every year, on the
second Saturdays in December, January, February, a; d
Nlarch, and once by battalion for each battalion, and
once by regimental muster at the times and places fix-
ed by the field officers of each regiment; Provided ne-
vertheless, that the commander in chief may order as
many additional company-, battalion or regimental
musters as he may thinkproper for the good govern-


Ninety ninth ar-
tile.



Requisition
from civil authm
rity.



















Officer refusing.








Muster days;










itent of the miltia ard "safety to the T'erritony.
Court ofap 38. Be itfurther enacted, That the fi.-ld u'ficerR dF
Ccals, each regiment shall appoint some day afier-the siting
of the court of assessment of fines, on which it shai' lie
their duty to convene and hold a court of appeals. and
every person thinking himself aggrieved by a decision
of the court of assessment against him shall ha\e a
right to appeal from that decision to the said court of
appeals; Provided he file with the judge advocate with-
in ten days after the court of assess-nent, a statementt,
containing his grievance and intention to appeal, which
statement shall be kept by said judge advocate and
presented to said court ol'appeals at theirnext sitinig.
The judge advocate shall attend threat, and perform
all the duties usually performed by judge advocates.
The party appealing shall appear and make his de-
fence.
S3. Be it further enacted, That in all cases when va-
Vacancies in cancies may happen of a brigade inspector, brigade
staffappoint- quarter master, adjutant; pay master, or judge advo-
ments. cate,*which may not be filled for the want of proper
officers to make such appointments, as are authorized
under the provisions of this act, or in case of their ne-
glect, the commander in chief shall make such ap-
apointments as may appear to him proper to supply
such vacancies.
40. Beitfurther enacted, That all general courts
martial shall consist of a president and a judge advo-
cate, and not more than twelve nor less than six menm-
Ccurts martial bears, who shall be appointed under the authority oftlie
-theirconstitu- commander in chief, the brigadier general or comn-
tioar handing officer ofthe brigade, and that all regimen-
tal and battalion courts martial shall he composed of
a president and judge advocate and not more :han
six nor less than four members appointed as hereinaf-
ter directed, and when the court martial is conv nd,
the president shall administer the following oath or
affirmation to the judge advocate to wit; "You do
swear (,.r affirm) that you will faithfully execute the
office of judge advocate to this court for the prisoner
or prisoners, as the case maybe, to be tried to the
best of your abilities and understanding, and custom of
'war in like cases, and that you will not disclose or dis-
cover the opinion of this court martial until appro-
ved or disapproved by the commander in chief, the
Jbrigadicr general, the commanding officers of the









Tnriade, the lieutenant colonel commandant, or the
major a th lecae may be, and that you will not at any
time discover the vote or opinion of any particular
member unless railed upon by a court of justice, to
give evidence thereof in due course of law." The judge
advocate shall then administer .to the president and
afterwards to every member the following oath or af-
firmation, to wit; "you do solelmnly swear (or affirm)
that you will well and truly try and determine accor-
ding to evidence and the best of your understanding
and the custom:s of war in like cases, between the Uni-
ted Slates and the prisoner to he tried, and that you
will not disclose or discover the opinion of this court
until approved or disapproved by the commander in
chief, (the brigadier general, the commanding officer
of the brigade, the lieutenant colonel commandant or
the major as the case may be) nor at any time disclose
the opinion of any particular member of this court un-
less called upon to give evidence thereofin due course
of law."
41. Be it further enacted, That the sentence of gen-
eral and regimental or separate battalion courts mar- sentence of
tial snall be final, when approved or disapproved by the court, final.
officer ordering the court; Provided further, that when Prjviso.
an officer orders another of an inferior grade, under
an arrest, the officers that shall compose the court
martial shall be chosen by the next field officer in rank,
that when an ofhcer is sentenced to be cashiered, the
sentence shall not be final until approved or disappro-
ved by the commander in chief.
42. Be it further enacted, That itshall be the duty
of the sheriff of each county, ninety (lays after the lits Sheriff as to
of tines a'sesed. by a court martial, or court for the as- fines.
seassnent of fines, has been transmitted to him, for
collection, to pay over the amount of such fines, to the
paymaster of the regiment, and in case said sheriff
shall fail or neglect to collect and pay over the same
according to the provisions of this act, such delin-
quent sheriff shall be charged by the paymaster with
the! sumof five per cen'um permonth on the sum or
sums he has thus failed to account for; Provided, that
it shall be the duty of commanding officers of regi-
ments or separate battalions to give credit to said
sheriff for the amount of the sum or sums he shall not
be able to collect, on account of delinquencies, lie
Sshewing on oath that he has used his best endeavours
to collect the same.









43. Be it further enacted, That in case any person
Pqrson fined re- fined as provided by this act, shall go tp reside in un-
moving. other county, without having complied! with ihe sen-
tence of the court martial, or court I'or the as-assrmnt
of fines it shall be the duty of the officer con mand.ng
the regiment or separate battalion in which the de-
linquent was enrolled, to forward a copy of the said
sentence to the sheriffof the county where the said
delinquent it residing when khown. And it shall be
the duty ofsaid sheriff to have the same collected and
returned within six months, to the paymaster of the
regiment where such delinquent was fined.
44. Be it further enacted, That all orders given by
the commander in chief of this Territory in pursuance
Orders direct or vi this act, through his aid-de-camps or the adjutant
indirect to be o- general, or directly from. himself shall be obeyed and
bcyed. respected throughout this Territo'y' and that all or-
ders given by each brigadier general in his brigaue;
in pursuance of this act, through his aid-de-camp ot
brigade inspector, or directly from himself, and all
orders given by the commanding officer of a brigade
through the brigade inspector or directly from him-
stelf hall be obeyed and respected throughout his said
brigade.
S45. Be it further enacted, That whenever in any of
Shcrifl'sreqii- the several counties of this Territory, the sheriff shall
sition for guard. make report according to the fort i prescribed by the
37th (361t) section of this act, that lie has in his
custody one or more persons charged with any capital
offence against the laws of the United States or of this
Territory, and that there is no jail in said county, a
guard shall be granted according to the provisions of
the aforementioned section.
46. Be itfu rthrr enacted, That hereafter the field
officers of each r. giment in this Territory, shall con-
sist of one colonel commandant, one lieutenant colonel
Vield organlza- and one major to be commissioned by the Governor,
tio,iby whnomi sub)jtct to tne saine restrictions and provisions as are
commissioned. now provided by law, for the appointment of officers,
and that hereafter all sergeants and corporals, shall be
appointed by the captains or commanding officers of
companies respectively, and the lieutenant colonel
Non-commis- shall perform all duties of a major, to the first battal.
sioined. ion of the regiment to which he belongs according to
law
47 Be it furlter enacted, That hereafter the commis;










slowed officers, non-comnrissioned staff, niot-comrni s
signed officers and musicians of each regiment shall
appear once in each and every year, at the usual place
of holding regimental musters, in their respective re-
giments, on the first and second (lays, previous to the
regimental musters for the purpose of being drilled
and instructed in the military duties as the law directs,
and the brigade inspector shall attend arid perform the
duties of exercising and instructing the corps, and if
the brigade inspector does not attend such drill mus-
ter, then it shall be the duty of the senior officer pre-
sent to perform the duties which are required to be
performed by the brigade inspector, and such drill
muster shall continue two days succesaivcly, and all
commissioned officers, non-commissioned staff, non-
commissioned officers and musicians, who shall fail
to appear at any drill muster for the purpose of being
instructed in the military duties, so directed by this
act, shall be proceeded against and fined in the same
manner, as is provided by this act.
4'. Be it further enacted, That from and after the
passage of this act, the sheriffs fees for the collection
of fines shall be five per centum on the amount of fines
collected; Provided however, that in all cases when
property is executed and sold, the sheriff shall have
the same fees and commission to be paid by the delin-
quent as is allowed on executions.
49. Be it further enacted, That the following shall be
the form of a company return.


Commissioned,
non-commis-
sioned etc. etc.
for drill.



Brigade inrpec
tor.











Sher'ff's fees.
Proviso.



Company re-
rurn.










COMPANY RETURN.




Lieutenant.
Ensign.








Swords.
bpontoons.
N1 riskri,.


nflets.


C irtrid v boxes.


Pu.v d ri h us.
Car, I idges.
Puuib plm ti
-- I----------~



K ~sps~cks
Di uns.

Vjjies. I

50. Be it tuither enacted, T'at the following shall
be the form ofit reginieztila Rcturn.









54
TETGIMENTAL RETU N.
Names of the.Field Officers antl Capta :s
Col. commarndant
\Majors.
Captains.
Lieutenants.




Pay mIaste.

.Surgeons Mate.
'Sr Q.l'arter Mlaster Sergeants.
Drum majors.
F:fe majors.
Sergeants._
CIrporals
,S-uidl ers

rifimers.



l'riTmpeters.
Pr vates.
Swords.
Spontoons.
Muskets.
Rifles.
Pairs of pistols.'
Bayonets.
Beits
(Cartridge boxes.
Po'chefs

Powder horns.
( artridges
Pounds of powder.
Balls.
E.napsacks.
1)rums.
Fifes.
SHule horns.
standards,
Horses,
'addles,
Bridles,
SI pillions,--------------


Srupper ---
S. ___________ ________________

(.rippels,i









EDMUND LAW.
President of the Legislative Council.
[Approved September 13th 1822.1
WM. P. DUVAL.
TEST, Governor of the Territory of-Florida.
ROBER r MITCHELL.
Clerk of the Legislative Council.



AN ACT

Concerning Dower and Jointure in lands and slaves of Widows.

Be it enacted by the Governor and Legislative Coun-
Dev'se shall bar cil of the Territory of Florida, That if any testator
dower, shall de ise or bequeath to his wife any portion of his
estate, such devise oi bequest shall be deemed and be
taken in lieu aind bar of dower, out of the estate of her
deceased husband, in like manner as if the same were
expressed; unless such testator shall by his last will
and testament declare otherwise; Provided that noth-
ing in this section contained, shall deprive the widow
of her choice, either to dower of the estate, or to the
part or portion so devised or bequeathed to her; and
dow may it shall and may be lawful for any such widow, who
Within one year will make choice of her (lower within one year from
the time of the death of the testator before the circuit
court, (county court) or by deed executed and acknowl-
edged before any justice of' he peace of the county, and
filed and entered on the clerks office of said court, to
declare that she will not accept the provisions made
for her by said will, or any part thereof; and renounce
all benefits which sl;e might claim, by such will; but
every widow not making such declaration within the
time aforesaid, shall have no more of her husbands
estate than is given to her by will.
2. Be it further enacted, That any widow after the
Widow enjoy death of her husband may tarry in the mansion place
the mansion of her husband, and the plantation thereto belonging,
rent free. rent free, until her dower shall he assigned to her.
And whosoever shall deforce widows of their dower of
Widow defor- lands, whereof the husband died seized, or of such
oed. mansion house or plantation, shall pay damages to the
widow, to the value of the whole dower to them be-
luoging, from the time of the death of their husbands,










until the day that they shall in duec course of law reco-
ver possession of such dower. Widow claim-
3. Be it further enacted, That any widow claiming ing dower-pec
dower in lands or slaves, nay present her petition sta- tition.
ting the circumstances of the case to the judge of the
circuit court (county court) of the county, where such
lands lie, or in which the slaves may be found, of which
she claims dower, in term time; or file her petition in
vacation, in the clerks office whereupon it shall be the
duty of the s4id court, to order, or of the clerk in vaca-
tion to issue, a summons endorsed on said petition, di-
rected to the person or persons against whom she
complains, commanding such person or persons, to
appear at the next term of said court, to answer the
complaint of such widow, which petition and summons
shall he served at least ten .days before the time ap-
pointed therein, fur the defendant or defendants to
appear.
4. Be it further enacted, That the court, towlhom
any such petition is presented may after the service
anl return of the summons aforesaid; compel the de- Cou"t my corn
pet airtc)tlallt
fendant or defendants to answer, and may proceed upon tov vacant
such petition, and answer although any of the defen-
dants may be under the age of twenty one years, accor.
ding to the course and rules ofequity; and shall make
such decree for the assignment of dower, in such man-
ner as snail he most agreeable to equity; and such as-
signment of dower shall be as effectual as if the same And assign
were in the ordinary method of the common law. And dower
it shall further be the duty of such court, on ('ecree-
ing an assignment of dower, to appoint three respect-
able inhabitantsof the county where such lands may
lie, whose duty it shall be to proceed to the premises, Persons appoint*
and bv actual survey and admeasurement to lay off and ted to survey
ascertain the boundary lines of such dowver lands, in
pursuance of the sentence.and order of said court; and
make return of their proceedings to the next circuit
court (county court) to he holden for such county. And
if such return is confirmed -by the couit, it shall be the
duly of the court to cause such return and proceedings
to be entered of record-And if any ofthe persons ap-
pointed as aforesaid, shall fail to take upon themselves
the execution of said appointment, it shall be the duty
of the court from time to time to appoint others till
such duty be completed.
5. Be it further enacted, That if any material facts







57

are asserted by one party, and denied by the other, the
Vhen trial by court shall at the request of either party cause such
jury facts to be tried by a jury-and an appeal from the final
Appeal judgment or decision of the court in any case respect-
ing dower, may be had to the superior court of the
proper county, as in other cases.
6. Be it further enacted, That it shall and may be
lawful for any married woman to release her right of
release of dow- dower of, in and to any lands and tenements whereof
the husband of such widow may be possessed or seized
by any legal or equitable title, during coverture, by join-
ing such husband in the deed or conveyance, whereby
such lands or tenements are granted orconveyed, and
appearing before any judge of the superior court, or
circuit cou,'t (county court) of this Territory, or be-
fore any justice of the peace in the county where such
lands and tenements lie, and it shall be the duty of the
judge or justice to a' quaint such woman, wit!' the
contents of such deed or oth.r conveyance, and to ex-
amine her apart from her husband, whether she execu-
ted such deed or conveyance, voluntarily and without
compulsion or undue influence ,f her husband, and to
endorse a certificate of such examination as aforesaid
made, on the deed or conveyance; and every deed ex-
ecut'd and certified by such judge or justice, that the
said woman executed the same voluntarily, and with-
out undue influence of her husband and recorded ac-
cording to law, shall be sufficient to discharge and bar
the claims of such woman from any claim to dower in
such lands and tenements, conveyed by such deed or
conveyance.
7. Be it further enacted, That if any widow possess-
Widow remo- ed of a slave or slaves, as of the dower of her husband,
ving dower shall remove, or voluntarially permit to, be removed
slaves out of tiis Territory such slave or slaves or any if
their increase, without the consent of him, her or them
in reversion, such widow shall forfeit all and every of
such slave or slaves, which she holds oft he endowment
of her husband, unless by consent of Provis, sons that shall by law be entitled to the reversion
thereof-Provided nevertheless, that if the consent of
those in reversion cannot be had, it shall and may be
lawful ior said widows to take the slave or slaves so in
her possession, of the endowment of her husband to the
Circuit Court(County court)of the proper county, and
their have their names, ages-and description recorded,









and further, if the said widow will then and there give
good and suffici nt security, to I e approved of by the
couit, in double the value of the slaves so to be remov-
ed, conditioned that the same slaves shall not be wast-
ed, but shall be forthcoming to him, her or them in re-
version, after the death of said widow, in case the slaves
outlive her, or such parts thereof, with their additional
increase ; then in that case it shall and may be lawful
for said widow to remove or permit to be removed
said slave or slaves, any dissent of those in reversisn
to the contrary notwithstanding-But the consent of
those in reversion shall supercede the necessity of such
security.
8. Be it further enacted, That if any widow possess-
ed as aforesaid shall marry to a husband, who shall're-
move or voluntarily permits to be removed out of this
Territory any such slave or slaves or any of their in-
crease, without the consent of him, her or them in re-
version; in such case it shall and may be lawfnl for the
person in reversion to take and possess the sat.e
slaves which he holdeth in right of his wife's dower,
for and during the life of said husband; Provided that
if the husband will have a description of the slaves, and
their increase then in being recorded, and give secu-
rity as herein before provided to be given by the widow
removing said slaves, that then he may remove the
sane as in Ihe case of the widows removing the same,
but the consent of those in reversion shall supercede
the necessity ofgiviu such security.
9. Be it further enacted, That nothing in this act
contained shall be construed to effect any right,
which may have accrued, or been vested, prior to the
commencement of this act.
EDMlUND LAW.
President of the Legislative Council.
.vpfroved September 14th. 1822.]
WM. P. DUVAL.
Governor of the Territory of Florids
TEST.
ROBERT. MITCHELL.
Clerk of the Legislative Council,


Widow marry.
ing and the
husband remr~
ving dower
slaves



Proviso







Existing rightW
not effected















Occupant of
public, hlunl. to
enljoy iilprove-
inents,

Proviso,



Improvements
trai-erable and
liable to execu-
tion,



Proviso,


Fees,



On commissions,

Certificates,
Seal,
Copying,


59

AN ACT

Concerning improvements made on public lands.

Be it enacted by the Governor and Legislative
Council of the Territory o F loridu. 1 hat all c tisiis
making improvements on the public lands with, this
Territory, so long as they continue to possees oriccu-
py the same, shall enjov the free and undisturbed use
of such iniprovemenis. Provided, that, nio such occu-
pant shall exercise any exclusive right and privilege o-
ver any part of said lands not embraced within the li-
mnits of his or her enclosure.
2. Be itfurther enacted, That the right anc interest
in said imiprovemennts, shall he transferable under the
rules and regulations prescribed for the sale or trans-
fer of real estate within this Territory. and that said
improvements shall he liable to execution and sale for
the payment of the debts oflhe owner or owners there-
of, Provided that no part or parts of this act, shall be
so construed, as to vest in the pur haser or purchaseig
of said improvements, any legal right to the soil ont
-which the said improvements are made, or to effect a-
ny disposions, which may be made by the General
Government, in relation to such i improvements.
EDMUND LAWV,
President of the Legislaii e Council.
LAfptroved September, 16th 1822.1
WM. P. DUVAL.
-TEST, Governor of the Territory of Florida.
ROBERTI MITCHELL,
Clerk of the Legislative Council.

AN ACT

Allowing certain fees of office to the Secretary ofthe Territory.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the following fees
shall be allowed and paid to the Secreta, y if the Ter-
rijory, for the duties hereinafter specified, (viz.)
Formaking out all civil commissions or appoint-
ments, within the Territoly, one dollar.
For official certificates, one dollar.
Affixing the seal of the Territory one dollar.
For copying any public instrument or writing at the









rate of fifteen cents for each hundred words, to be paid
by the person receiving the same.
EDMUND LAW,
President of the Legislative Council.
[lfproved September, 16th 1822.]
VM. P.DUVAL
Governor of the Territory of Florida.
TEST.
ROBERT MITCHELL.
Clerk of the Legislative Council.

AN ACT

Providing for the appointment of Pilots.

Be it enacted by the Governor and Legislative Council
or the Territory of Florida. That the mayor and al.
dermnen of the cities of St Augustine and Pensacolabe,
and they are hereby authorized to appoint one or more
persons to act as pilots for the bar and harbor of St.
Augustine and Pensacola respectively, and to estab-
lisih the rates and t ules of pilotage for the same-And
that the county courts of each county shall appoint
one or more persons to act as pilots at such places as
they may think proper within their respective coun-
ties, St. Angnstine and Pensacola excepted, and to es-
tablish the rates and rules of pilotage for the bars and
harbors witt in their respectLvejurisdiction ani to fur-
nish the pilots with certified copies of the same.
2. Be it further enacted, That if any person, who has
not been regularly appointed a pilot as above directed,
shall act as pilot to any vessel (and shall actually pilot
it into any of the harbors of this Territory for which a
pilot has lieen appointed) and receive compensation for
the same, shall be fined a sum not exceeding twen-
ty dollars for each and every offence, recoverable as is
by law provided for toe recover) of other penalties in-
curred for the breach of the laws f this Territory.
EDMUND LAW.
President of the Legislative Council.
[Appfroved Seiptember 16th 1822.]
WM. P. DUVAL.
Governor of the Territory of Florida,
TES r,
ROBERT MITCHELL.
Clerk of the Legislative Council.
H


P'lots how alF
pointed.



Rates and rules
of pilotage







Any acting as
pilot without
the appointment










AN ACT


Application t-
sipetlior or
-colv ourt-
or any j udg-e,








Grantedforth-
P i.% ..o for
bond,












Body of the
prisoner to be
broulit willh-
out delay',








person fa;lln,'
to r.ttllan lit
or Linmb pV:is-
oner,


Directinig the mode of suing out and prosecuting writs of Habeas
Corpus.
2e it' enacted by the Governor and Legislative Coun.
cilof the Territory of Fiorida, I hat whenever any
person detained in custody, whether charged with a
crin iiial offence or not, shall by himself, or by some o-
ther person in his behalf, apply to the superior court,
or circuit courts,(county court's) in this Territory, or
t any judge thereof, in vacation, for a vwrit ot Habeas
Cotpus, and shall shew,by affidavit oroother evidence,
probable cause to believe that he is detained in cu!so-
cy without lawful authority, it shall be the duty of the
court, or judge to whom such application shall be
maded, forthwith to grant the writ, signed by himstlrr,
directed to the person in whose custody the applicant
is detained, and returnable immediately, before such
couit or judge, or any o1' the said courts or judgrs;
Provideci, that in all cases where it shall appear neces-
sarv the c.urt or judge grating the writ, shall previ-
ously acquire buund with sufficii nt secur:ty, executed
in such manner, and in such reasonable penalty as such
court or judge shall pres,'rihe, conditioned for the pay-
niiwt i f 1 suc charges as may be awarded against the
prisoner, and tl'at he will uot escape by the way : Every
bond so executed shall be recorded with th( other
prio endings, as hertinafter provided for ; and rhay ib
sued on, in the name of the person to whom it is made
payable, for the benefit of any person really inter-
ested t hreln.
2. Ble it further enacted, That whenever any such writ
shall be served on the officer or otJer person to whom
it is directed, or, in his absence from the place where
the prisoner is confined, or the person having the im-
mediate custody of th( prisoner, it shall be the duty of
hi:i,, on whom the writ shall be executed, without de-
lay, t1o bring the body of the prisoner, or cause it to be
brought before the cout t, or judge, before whom the
writ is made returnable, or in case of the absence of
such court or judge, before any of them, and at the same
tin;e, to cerlily the cause of the detainer of such pri-
son eV.
3. Be itfurther enacted, That any person failing
to return the writ so sorted upon him, with the cause
oJ the prisoner's detiitcr, or to bring the body of the









prisoner before the cow t or judge, according to the
command ol the wriit, for three days alter such s, r-
v;ce, or when the prisoner is to be brought moore than
twenty miles, for so many days more as will be equal
to lne .lay for every twenty miles oi such further dis.
tance, shall forfeit and pay to the prisoner the sum of
three hundred dollars, the right to recover which shall Ju(i-e in vaea.
not cease by the death of either or both ,f the parties .a-s fudl
4. e it further enacted, That it shall It: lawful f.r p joer,
a judge in vacation, to take the same steps to enforce
evidence to any writ of habeas corpus, as may be ta-
ken in term time by any court having jurisdiction over
such writs.
5. Be it further enacted, That the court orjudge b.- Enquy anada.
fore whom, the prisoner shall be brought, shall wi h- delay
out delay, proceed to enquire into the cause of his im-
prisonment, and shall either discharge him, admit him
to bail or remand him to custody, as the law and the
evidence shall require, and shall moreover either a-
ward against the prisoner the charges of his transpor-
tation, not exceeding fifteen cents per mile, and the Cost
costs of the proceedings, or shall award costs in his
favour, or shall award no costs or charges against ei-
ther party, as shall seem right. The clerk of the court,
in the office of which the proceedings shall be rectid-
ed, may issue execution for the costs and charges, so
awarded by a judgment rendered in vacation, in the
same manner as if the judgment had been rendered in
term time. Return may be
f ~ttfurther enacted, That the return made to such contradicted,
,Writ shall tiot be take to be conclusive as to the facts
Stated therein; but it shall be competent for the judge
or court before whork. such return is tiade, to receive
evidence in contradiction thereof, and to determine the co.
same, as the very truth of thr case shall require. pelattendance
7. Be it further enacted, That in vacation a judge otl \iensses,
shall have the same power to cotmpel the attendance
of a witness to give evidence upon the trial, as a court Affidavit,
,would have in term time-and w whenever, either in termn
time, or vacation, it shall be incoveiiient to procure the
personal attendance ofa witness, his affidavit, taken
upon reasonable notice to the adverse party, may be re-
ceived in evidence. Proceedings tp
8. Be it further enacted, That the proceedings be recoidedl
and iudgment shall in all cases, be entirced of record, if
t',ey be in vacation, they shall he signed by the judge
cer.tfied to the clerk, and by him entered amonu tilU .









records of the conrt in which such judge shall preside
e, -Whenever either party shall require it, upon the trial,
ee' the court or judge, shall cause to be made a part ot the
record all the material facts proved-The clerk shall
be allowed the same fee for entering the record, as is
allowed by law for copying a record, of the same num-
ber of words, which fee shall be charged to the prison-
er, and taxed, in the bill of costs, when costs are re-
covered by him.
9. Be it furtherenacted, That the judgment so en-
Judrment con- entered of record, shall be conclusive, until reversed in
elusive, the manner herein provided for; and no person reman-
ded by such ju'lgment, whilst the same continue in
force, shall be at liberty to obtain another habeas cor-
pfus for tl'e same cause, or, by any other proceeding, to
bi ing the same matter again in question, except by
writ of error, or by action of faise imprisonment; nor
shall any person who shall be discharged from cotn-
finement by such judgment be afterwards confined or
imprisoned for the same caus'e- unless ay the order or
judgment of a court ofcomrlieent jurisdiction.
10. Be it further enacted, That if any party to such
judgment rendered by a judge of the circuit court
'Writ of error (county court) in vacation, or the said court in term
etc. time, shall leel himself aggrieved thereby, it shall be
lawful for the superior court having jurisdiction-On
his motion to grant a writ of error; and upon the trial,
to reverse or affirm the judgment, wholly or in purt :
and to cause such other judgment to be entered, and
such other proceedings to be had as the law and the
rightof the case may require ; either awarding costs
or not, at their discretion.
Precedence, 11. Be it further enacted, That the trial of all writs of
error to judgments in the case ofhabeas corpus, shall
have preference in the superior courts to all other
trials.
EDMUND LAW,
President of the Legislative Council.
approveded September, 16th 1822.]
WM.P DUVAL.
TEST, Governor of the Territory of Florida.
ROBERT MITCHELL,
Clerk of the Legislative Council.










AN ACT

Concerning forcible entry and detainer.

Be it enacted by the Governor and Legislative Couneil
of the Territory of Florida, That none shall enter into
any lands or tenements, but in case where entry is giv- EntrV in a
en by law, and, in such case, not witl slrong- hand, nor .'c'e.
with multitude of people, but only n a peaceable an:l manner,
easy manner; and that none, who shall have cntercd in
a peaceable manner, shall hold the same after'watrds,
agai'-st he consent of the pa ty entitled to the posses-
sion thereof.
2. Be it.further enacted, That if any shall en'er, or r trying fo:ci.
shall haveentered, into any lands or tenenIenits, in case bly,
where entry is not given by law; or if any shall enter,
or srall have entered, into any lands or tenements, wi'lt
strong hand or with multitude of pepIpI, even in case
where entry is given by law; the party turned' out of
possession by such unlawful, or by such forcible entry,
by whatever right or title he held such possfision, or
by whateverest.tte heheld or claimed, in the lands or
tenements, of which he was so dispossessed, shall at
any lime within three years thereafter, be entitled to
the summary remedy herein provided. 1Ho!ding over
3. I'e it Jfrther enacted, That if any shall enter, or
shalt hate entered, in a peaceable manner, into lands or
tenements, in case where such entry is lawful, and af-
ter the expiration of his right, shall continue to hold
the same, against the consent of the party entitled to
the possession, the party so enitiled, whether as tenant
of the freehold, tenant for years, or otherwise, shall.be
entitled to the like summary remedy, at any time wit i-
in three years after the possession sh-ll so have been
withheld from him, against his consent.
4. Be it further enacted, That the party so turned
out of possession, or so held out of possessioti may ex-
hibit his complaint before any justice of the peace for Remedy,'
the county or corporation, within which such lands or
tenements may lie, in the following form, or to the fof-
lowing effect, that is to say," county
(.,r corporation of )to wit; A. B. of the
said county (or corporation) complains that C. D. hlth
unlawfully (or forcible) turnedd him out of possessi !',
(or unlawfully, and ag-ainst his consent, w ithhohl from.
him the possession) of a certain tenemen.t, containing
by estimation, of land, with the api;urte.














eified by oath







Wanrra-


dances, Tying and beidg in thecounty (or corporation
aforesaid-w tereof he prays restitution of possession."
-"A. B. Plaintiff."
5. Be it furtherenacted, That such complaint shall
be verified by the oath or affrmation of the plaintiff,
certified at the foot thereof after the following manner:
a county (or corporation) to wit:
This day the named A. B. made oath [(.r aflirma-
tior] before me, a justice of the peace for said county
[or corporation] that he verily believes the allega-
tions of the above.oomplaint to be correct and true.
Given under my hand this day of
E. F."
6. Be it further enacted, That the justice before whom
such complaint shall be made, shall thereupon issue
his warrant to the following effect:
county (or corporation of
to wit;
Whereas A. B. hath made complaint on oath [or af-
firmation] before me, justice of the peace tor the said
county [or corporation] that C. D. hath unlawfully [or
forcibly] turned him out of possession, or unlawfully
and against his consent, holds him out of possession,
of a certain tenement, containing by esti; ation
of land with its appurtenances, lying and being in the
said county, or corporation, and hath prayed restitu-
tion of the possession thereof; these are therefore, in
the name of the Territory, to require you to summon
the said C. D. to appear at tie court house of yuur
county, or corporation, on the day of
'before the justices of the county, or corpora-
tion, afo:esaid, to answer the complaint aforesaid, acd
also to require you to summon at least twelve good
adl lawful men, being freeholders of 'your bailiwick,
and not of kin to either party, then and there to be at-
tendant upon the said justices, as jurors, to try the
complaint aforesaid; also notify one other justice of
the peace to attend at said time and place, and have
then there this warrant.
- Witness my hand and seal this day of



S

!7. Be itfurther cnactd That the wvrrant aforeiaid










Hall be directed to the'sheriff, marshal or coroner, as
the case may require: shall be made returnable on a
day certain, not less than ten, nor more than twenty
days, after its date; and shall be forthwith executed
by the proper officer, who shall make due return to
the justices, at the time and place therein mentioned,
of the manner in which he shall have executed the
same.
8. Be it further enacted, That the said warrant shall
be served on the defendant at least eight days before
the return day, either by delivering him a copy there-
of. or, if he cannot be found, by delivering a copy to
any white person of his family, above the age of six-
teen years, at his usual place of residence; or if no such
person be found, then by setting up a copy on some
conspicuous place on the tenement, in the warrant
mentioned.
9. Be it further enacted, That at any time after such
warrant shall have been issue, it shall be lawful for
the justice issuing the same, or any justice of the
peace for the county or corporation, or for the cerk "of
the county court, to issue subpoenas for witnesses, re-
quiring them to attend at the court house, before the
justices, at the time appointed as aforesaid, to give
evidence on the trial.-Any subpoena so issued, shall
be executed in'the same manner, and, to all intents
and purposes, shall have the same force and effect, as
a subpoena issued according to law, in a cause de-
pending in a circuit court (county court.)
10. Be it further enacted, That it shall be the duty
of the justices notified as aforesaid, and of the justices
w"o shall have issued the warrant, to attend at the
court house, on the day therein specified, for the pur-
pose of holding a court for the trial of the complaint
aforesaid, for which purpose, such justices, or any two
of them, or any two or more justices of the county or
corporation, as the case may be, shall constitute a
court. Such court shall be considered a court of re-
cord, they shall have power to issue all proper pro-
cess, to bring before them witnesses, or other persons,
whose attendance may he lawfully required by them-
and they may adjourn from day to day. and from time
to time, until the trial shall be ended-the sheriff, ser-
geant or coroner, as the case may require, shall be at-
tendant upon them, and execute their orders, and the
Clerk of the county cotrt, shall attend them and shalr


Warrant execua
ted forthwith,




Warrant to be
served eight
days before,








Subpoenas for
witnesses,









Before whom
tried,









record iheir prtceerlin s in the proper book of his'of-
fice, and file away and preserve the complaint and war-
rant aforesaid, with all other papers exhibited on the
Proeeedlin"! trial.
wt nll 'fJnd 11. Be it further enacted, That when the justices shall
thae so met, and formed a court, on the day and at
the place aforesaid, ifit shall appear to them that the
defendant hasbecn duiy bsrved with the warrant, a-
greeable to thc.n quisitiolns of this act, they shall pro-
ceed. without further pleadings in writing, to empan-
nel a jury for the trial'of tue complaint aforesaid, The
jury sihall be composed of any twelve freehold( rs, to
whom'neither party hath any legal exception, or, it' a
sufficient number of such freeholders, to whom ni-
ther party hath any legal exception, be int attending,
the deficiency shall be made tp tf bye9iandeirs bei.,g
freelilders of the county or corporation.
Inrysworn. 12i. Be it further enacted, That when the jury shall
have been so empannclled, they shall be chatrgeu on
oath, in the lolowing manner, that is to say.
If the complaint be ofa forcible entry, or of an un-
Oath lawful entry, they shall be charged thus.
You shall well and truly try, whether the defendant,
C. D. at any time within three years next before the cx-
hiottion of the complaint filed by the plaintiff in this
cause did forcibly or unlawfully, enter upon the ttue-
ineit in the said complaint irentioned; and turn the said
plaintiff out of :he possession thereof, and whether the
said defendant continued to hold the possession threof
at the time of the exhibition of said complaint. And
you shall find a true verdict thereupon according to the
evidence, so help you God.
Or, if the complaint be of an unlawful detainer a-
gainst the consent of the plaintiff, they shall be'Charg-
ed thus.
You shall well aud truly try, whether the defendant
C. 1). against the consentt of the plaintiff, holds pos.
seas,'.n of the tenement mentioned in the complaint
filed in this cause; whether the said defendant hath so
heid possessiou thereof, against the c.'nsent of the
plaintitt, within three years next before the exhibition
a Ithe said complaint, and whether the plaintiff has the
right of possession in fte tenement aforesaid. And
you shall find a true verdict thereupon according to
Trial, the e, i:ence, so help you God.
13 S. Be it further enacted, That thejury, be so -enlf









parnelled and charged, the justices shall then admit
btlfre th n all legal evidence, which shal be offered,
as well ,il the part of the defendant, as on the part of
the plaintiff, siil sutter each party to be heard by
couuiel,shall decide all questions of law, which s:iatl
be properly sub nitted to 'hem, in the course of the Counselallowed
trial.
14. Pe it further enacted, That when the jury shall Verdict.
have unanimously agreed upon the verdict they shall
find the sante in the following form, or to the following
effect, that is to say.
In cases uf forcible entry, or unlawful entry thus-
lV e the jury, find that the defendant did, or did not, Forcible entry.
within three ears next before the exhibition of tne
complaint filed by the plaintiff in this cause, forcibly
or inlat.'fully,-enter upon the tenement, in the said
complaint mentioned, and tUrn the plaintiff out of ios-
seston thereof, that the'said defendant did or d.d
not, continue to hold the possession thereof at the
date of the said complain .
Or, in cases of unlawful detained against the plain- Unlawful do.
tiff's consent thus. aiaer.
We the jnry, find that the defendant did or did not,
at the time of the exhibition of the cortplaint filed in
this cause hold possession of the tenement therein
mentioned, against the consent of the plaintiff, that the
sail defendant hath or hath not, so held possession
thereof against the consent of the plaintiff, within three
years next before the exhibition of said complaint,
and that the plaintiff hath or hath not, the right fo pos.
session in the tenement aforesaid. Ifquet posse*
sit, foir three
15. le it further enacted, T-at if the verdict so years
found, on a complaint of a forcible entry, or of an un-
lawfdl entry, shall ascertain that such forcible entry,
or unlawful entry as the case may be, whereby the
plaintiff was turned out of possession, was made by tie
defendant within three years before the exhibition of
the complaint, and that the defendant's possession con-
tin ied at the time of exhibiting the complaint; or, if
the verdict found as aforesaid,upon a complaint of un-
lawful detainer against the consent of the plaintiff,
sBall ascertain that the defet1ant, at the time of the
exhibition of said complaint, held the possession of
the tenement therein mentioned, against the co'sent
of the plaintiff, that the said defendant had not so held,
against the consent of the plaintiff within three tears,
next before the exhibition of said cumplaimt; anu t.iat
I









the plaintiff hath the right of possession, in the tene-
Ilwnit "lorcsad; thet in either of these cases, Ihe justice
shall lender judgment in favor of the plaintiff, that lie
recover possession of the tenement aforesaid, with full
costs, and shadl award a writ of habere facias posses-
tf udlrment a- Sioerm.
against paintift- 16. Be it further enacted, That if the verdict found
as aloresaid, in e-t ier of the said cases, shall be in fa-
vor ol the defendant, the justices shall render judg-
mnent against the plaintiff, that his complaint be dis-
niiss.d, ana that the defendant recover of him full
Execution of cos"s.
julgu11ent. 17. Be it further enacted, That the judgment of 1he
justices rendered as aforesaid, either rn flavor of the
pLimntiff or in iavor of the defendant, shall in all rqs-
pects, be executed in the same nianner', as if it had
Appeal "been the juctgmentof tht court ofthe county at any ot-
dinary tenr thereof.' But if either party think htnisetlf
agrieved he shall have a right to appeal to the next
circuit court I (oubty court) of the county, on filing n ith
said justices a travel se to this effect, A. B. says thle in-
quisi.,n in this case is not true, he therefore prays a-n
appeal to the circuit curt (county court) upon which
lthe justices shall suspend all further proceedings and
Traverse ceC lif) a copy thereil to the-circuit court (county court)
on the appellants giving bond and security to be ap-
provtd ul b) said justices, to answer all costs occa-
sioned thereby. V Wnici said traverse shall -be tiied
as an original case and the verdict of the jury shall say
Shetlher the said inquisiti(ni be true or not true, and
jugmeni t shall bt protiounced and execution issue ac-
'uorti ingly.
18. Le it further enacted, That no judgment re.nder-
;Jutgment as a- ed as aloresaid, citlir lor the plainiti or dtfi(dauit,
foresaidn0o bar, shall bar any action oftresspass, or any wr'it of eject-
mniivnt or writ of right, be weten the -same parties, res-
pC citing the same tt neniett,ior shall any rt, rict fi fund
as aloresait be itld conclusie of' the facts therein
Juror failing.3 iound in any such action of trespass, ejectmnent, or
rylit otf eight.
19. 'Be it further enacted, That every juror summlon-
ed to atteunc the justices foives.id, and failing to attend
without sutiicient cause therefore, snail be liable to a
Sheriff's fee. line ol sixrtee collai s, to the use of the 'I territory, irnt
pised by the justices afurt said.
2o, be it further enacted, That the sheriff or other









proper officer, shall be allowed, for his services, in ex-
ecuting and returning the warrant alifesaid, the sum
ofthree dollars. All other fEes of officers for services
rendered, in relation to the proceedings and trial afoie-
said, siiall he the same as the fees for similar services
rendered in a suit at law, respecting the title of hlnd,
depending in a Circuit Court (County Court.)
21. Be it further enacted, That this act shall
commence and be in force from and after the passing
thereof.
EDMUND LAW.
President of the Legislative Council
approveded September 17th. 1822.
M.. P. DUV IL.
Governor of the Territory of Florida.
TEST.
ROBERT. MITCHELL.
Clerk of the Legislative Council


AN ACT
Concerning seamen in merchant service.
Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That if any sea-
man or mariner, who shall have signed a contract to
perform a voyage on, board of any merchant ship or
vessel either of the United States, or of any foreign
power whatsoever, shall at any port or place within
this territory, desert or shall absent himself from such
ship or vessel, without the leave of the master or other
officer, commanding in the absence of the master, it
shall be lawful for any justice of the peace of any coun-
ty or corporation within this Territory, upon. the com-
plaint of the master, or such other officer command-
ing in the absence of the master, to issue his warrant
to apprehend such seaman or ma-iner and bring him
before such justice, and if it shall appear by due proof
that such seamarr or mariner has signed a contract, as
aforesaid, and that the voyage agreed for is not finish-
ed, altered or the contract otherwise dissolved, and
that the seaman or mariner has deserted the ship or
vessel, or has absented himself without leave, the said
justice shall commit him to the jail of his county or
corporation, there to remain until such ship or vessel
shall be ready to proceed on her voyage, or until the
master, or other officer commanding, in the absence


Other fee.



Commencement















Seamen deserts
ing.















Masterto give
bond.








Apprentice sea-
man,



























'Drinl sold to
sailors not re-
coverable.


of' the master, shall require his discharge, and there to
be delivered to such master, or other officer comman-
ding, in 'he absence of the master, he paying all the
costs of such commitment.
2. Be it further enacted, That all masters of vessels
and uther persons, lodging seamen in jail for de-
sertion, shall previously thereto. giie bond, with se-
curity to the sheriff of the district, to be by him ap-
proved, in the sum of one hundred dollars, for every
seaman so lodged in any jail in this Territory, con-
ditioned that he shall take away the said seaman,
from the jail, and pay the expenses thereof.
3. Be it furth-r enacted, That if any apprentice, who
shall have been regularly bound by deed to the master
or owner of any ship or vessel as aforesaid, for any term
of lears, for the purpose of being taught the art or
trade of a sezman or mariner, shall at any port or place
'within this Territlory, desert or absent hi..self from
the ship or vessel on board of which he hath been pla-
ced by his said master, without the leave of the mas-
ter or such other officer commanding in the absence of
the master, it shall be lawful for any justice of the
peace of any county or corporation within this Terri-
tory, upon the complaint of the master or other per-
son commanding in the absence of the master,to cause
such apprentice to be apprehended and dealt withl in
the same manner as herein before stated, if such jus-
tice shall he satisfied by due proof that such appren-.
tice has been regularly hound, by deed to the master
or owner of such ship or vessel, and that the said deed
is then in full force; Provided always, if any seaman,
mariner or apprenti( e shall offi r sufficient proof to sa-
tisfy the justice of the peace before whom lie may 4be
brought, that he lath been cruelly or improperly
treated while on board of any ship or vessel, by the
master thereof, or that he has good cause to appre-
hend danger to his person front the master, should he
be compelled to remain on board sucli vessel, it shall
be lawful for the justice to discharge such seaman,
mariner, or apprentice from any further confinement
on account of such desertion or absence.
4. Be it further enacted, That if any tavern or shop
keeper shall sell drink to any sailor in actnal pay on
beard of any ship or vessel on credit, he or she shall
not recover in any action at law, the amount so credit-
ed, but every such debt, obligation or speciality shall










be voi C and' ianwarirant, peti'rot, wri iv so bill, be.
presented l against any. person or, lersons for the same,.
such warrant, petiti n, writ or hill, shalll ie dis;fiasedi
and the defendant shall have double costs.

5. Be it fA 'rth e enacted Th-a-t if'any tavern or shop
kcelper shal sell any liquor whatsoever upon credit to
any tailorlin actual pay ofrboarc-of'any ship or vessel,
or shall harbor or entertain, or sell drink to. any- such
sailor without the written permis-sinn'fl the rraster- of
the ship or vessel, to which dtie sailor bel ong,. h or
she so offending shall for every such offence forfeit and
pay the sum of twenty dollars to the master oftnti' ship
or vessel recoverabl- before any justice of the peace in
the county, wherein such offence shall have been com-
mitted.

6. Be it further enacted, That when any person
shall die on board of any ship or vessel within this Ter-
ritory, the master thereof shall cause the dead, body to
be brought on shore and there buried at least four feet
deep above high water mark, under the penalty of five
hundred dollars.

7. Be it further enacted, That if any master or
commanderof any ship or vessel shall discharge, or
cause to be put on shore, any sick or disabled sailor or
sailors, belonging to his ship or vessel, not entitled to
his or their discharge by the contract between them,
orant servant, without taking du- care of hs or their
maintenance and cure, he shall forfeit and pay the sum
of one hundred dollars. And any master or comman-
der of any ship or vessel, within this Territory, wio
shall land from any such ship or vessel any pauper, or
vagrant without the means of prtfuring his, her or
their maintenance for the space of one month, shall
forfeit and pay for every such offence the sum of fifty
dollars.
8. Be it further enacted, That the same penalties,
imposed by this act, shall be, and the same araereby
declared to be recoverable by action of deb:, bill, plaint
or information, before any court of record within this
territory, when not otherwise directed to he prosecu-
ted at the suit of the Territory, or any informer, and
where prosecuted by an informer, one half of any pen-
alty or penalties recovered in such prosecution, shall


Sell; ng liquor to
sailors--penal.








Person dy in on
board vessel,








Master dischar
gin" s;'-k s 'a-
man etc.








Penalties hoW
recoverable.







78

be to the use of the informer, and the other half, or
where there shall be no informer, the whole penalty to
the use of the Territory
EDMUND LAW,
President of tht Legislatiie Council.
[Clfipraved Septemrr. 18th 1822 ]
\\M. P. DUVAL
Governor of the Territory of Florida.
TEST.
ROBERT MITCHELL.
Clerk of the Legislative Council.














ACTS

OF THE

LEGISLATIVE COUNCIL.


Passed at the second Session thereof

18'3.

AN ACT

To prevent stone Horses and Asses from running at large in the
Territory of Florida.

Be it enacted by the Governor and Legislative Coun-
cil of the Territory of lorzda, Ilhat from and after the
fifteenth day of Decemoer, one thousand eight hundred
and twe.ny three, it shall not be lawful for any stone
horse or ass to run at large within the Territory of Fo-
rida, and if any stokie horse or ass shall be found run-
ning at large, it shall and may be lawful for any person
to take up the same, and having taken him before the
next justice of the peace for the county, by the permis-
sion of the said justice, may geld the same taking care
that the operation be performed by a person usually do-
ing such business, for which the person so gelding
shall receive five dollars, to be paid by the owner of the
horse. Provided nevertheless, Fhat if any person shall
take up and geld any such stone horse or ass contrary
to the true meaning and intent of this act, or without
fully pursuing the aforementioned directions, he shall
for every such offence forfeit to the party injured" dou-
ble the value of such horse or ass, which value shall be
ascertained by two respectable freeholders, who were
acquainted with such Lorse, and who shall at% upon
oath; to be recovered before any court having cogni-
zance of the same.
Sec. 2. Be it further enacted, That any person, who
shall take up any stone horse or ass, and does not choose
to geld him, may take him before any Justice of the


Lawful to take
up and geld
them.



Prnviso.








Taker up, noe
choosing oo geld
may advertise.









peace for the county, and shall cause tIe said horse or
ass with his bmuids and marks if he-has any and if not
with a description of him to be advertised in not less
than three of the most public places of the county, and
the person itking up the said horse or ass shill recover
from the uwn'er thereof, before any justice of the peace
the sum of five dollars, and al reasonable expenses of
keeping such horse or ass.
GEO. MURRAY.
President olfthe Legiblative Council.
Attested,
F. J. FATIO, Clerk,
[.Apfiroved June 11th 1823.]
WVM. P. DUVA".
governor of the territoryy of Florida.



AN ACT

For regulating fences in the Territory of Florida.

Be it enacted by the Governor and Legislative Council
q/ the Territory of Florida, That from and after the
fi: st day of May one thousand eight hundred,and twenty
four., all fences or enclosures commonly called worn,
AI fences to e log, or post and railing fInces that shall be erected'and
Ve lcet >i61'L made around, or about any garden, orchard, plantation,
or settlement, in this Territory, shall be five feet high,
when staked and ridered, and from the ground to the
height ol three feet, of every such fence or enclosure,
the rails or logs thereof, shall not be more'than four in-
ch s distant from each other, and that all fences or en-
closures, that shall consist of palling. shail likewise be
five feet high from the ground, and the pales thereuf
not more.than two inches asunder, Pro\ided, that when
any fence or enclosure shall lbe made with a trench or
ditch,"the sane shall be four feet wide, and in that
cas, the fence shall be five feet high from the bottom of
f ditched the ditch, and three feet high from the top of the bank.
SeC'2ka. Be it further enacted, That if any trespass
or damage shall be committed on any garden. orchard,
plantari n or -ettlemer.t, not being fenred or enclosed in
manner as hereinbefore is directed, by the irruption,
bre.Aking in, or straying of an cattle, 'haress, sheep,
oalts or swine, the ownerof uch cattle, horses, sheep










goats or swine, shall not be liable In answer for such
trespass or to make good or satisfy any-lamage or in-
jury that shall happen or be committed by reason there-
of, and in case any person shall kill, maim, hurt or de-
strwy, or cause to be killed, maimed, hurt, or destroyed,
any cattle, horses, sheep, hogs, goats or swine, so tres-
p lssing and straying or breaking into any garden, or-
chard, plantstion or settlement, not forced and enclosed
in manner as by this act is directed, all and every such
person and persons shall answer, and make good to the
owner or owners thereof all such injury and damages
as he or they shall sustain thereby, the same to be re-
covered on due proof thereof before any court having
competent jurisdiction.
Sec. 3. Be it also enacted, That no planter or other
person not having a lawful fence, shall fix or cause to
be fixed in any of his enclosures any canes or stakes or
any thing, that shall or may kill, maim, hurt or desroy,
any cattle, horses, sheep, goats, or swine; under the
penalty of ten dollars for every such offence, to be re-
covered before any justice of the peace upon confession
of such offender, or proof by one or more credible wit-
ness or witnesses, upon oath, one half of the penalty
thereof to go to the informer, and the other to the
county.
Sec 4. Be it also enacted, That in all trials to be had
by virtue of this act, the right of the party to the land
on which the trespass or damage shall be sai.l to be
done, shall not be brought into question, but the same
shall be taken fur granted to all'intents and purposes
whatsoever.
GEO, MURRAY,
President of the Legislative Council.
Attested,
F. J. FATIO. Clerk,
l(Approved lth June 1823.]
WM. P DUVAL.
Governor of the Territory of Florida.


AN ACT

For recording Marks and Brands, and concerning Estrays.

Be it enacted by the Governor and Legislative Coun-
dil of the Territory of Florida, That from and after the
ZK


Trespass ol
land not legal*
fenced.











No canes or
stakes to be l42
ec! on lands -
without lawful
fence.







Title to land
not to be ques-
tioned.









passing~ of this act it shall"be lawful for all persons re.
arks &brands sidtng inthis Territory to record their marks and
ay be record- brands in the cterks office of the county in which such
ed in clerks of- person resides ; and if any person shall neglect to. ie-
fice. cord th-e same, then and in that case, whenever any
horses, mules, cattle, hogs or sheep, shall or may hap-
pen to-be in dispute b, tween the party so recording his
marks and,brauds, and ary other person not having re-
corded as aforesaid, both having one and the same
unarks and brands, and the property being found in the
possession of the person complying with the provision
of this act,the party so claiming any such4property in
When so recor- dispute as aforesaid, shall not be allowed to take the
dedto iVave same out of the hands of the person found in possessi-
preference. on, without such claimant can, prove by disinterested
testimony, such property so in dispute to be his proper-
ty, such proof when the value of the property isunder
twenty dollars to be made before any justice of the
'peace of the county where such property may be found,
and if above that value before any court having juris-
diction their lof.
Soc. 2. Be it further enacted, That when two or more
Two or more of persons shall have the same marks and brands, each of
same descrip. them recorded, in such case the oldest record,shall be
tion. evidence of right so far as to compel the other party by
disinterested testimony to prove his property, in the
manner hertiinbefore directed.
Sec. 3. Be it further enacted; That it shall be the
leri to keep duty of the clerks upon the application ul any person or
a book. persons, to record all marks and brands inhbooks,to be
kept by them for that pui pose, and to give rtifircaes
Thereof when required by any person or persons, for
which they shall receive the sum of twenty five cents.
Sec. 4. Be it also enacted, That it shall be lawful for
Possessor of any person, by himself or his agent to tatkeup an est:ay
land miay take on his own land or lands in which he is in possession
up slirays. of, and having taken it, he or his agent shall forthwith
give information thereof to -solue neighboring justice
of the peace, for the county, in which such estray was
taken up, who shall thereupon issue his warrant to
To be apprais- three disinterested persons of the neighbourhood, com-
ed, mandin them, having been first duly sworn, to ap.
praise such estray and certify the valuation under their
hands; together with a particular description of the
kind, niarks,ttature, brands, colour and age of the es-
tray., which certificate shall by the.jueiice-be transmit,









ted to the clerk of the county, within twenty days, and
by such clerk shall be entered in a book'to be kept for,
that purpose, for which he may demand and take twen-
ty five-cents to be paid by the taker up of the estray.
Sec. s. Be it enacted, Tha-t the person, taking up
such estray shall cause a copy of ev ry such certificate
to be publicly affixed to the door of the court house if
there be one, for and during the space ofthree months,
next: after'the estray shall have been appraised, and -
shall also cause it to be publicly advertised in at least
two other of the most public places in the county.
Sec. 6. He it enacted, That if the valuation shall be
nnderfour dollars, and no owner shall appear until six
months.have elapsed, from the time of advertising
then and in that case, the property shall be vested in
the owner or possessor of the land, on which such es-
tray was taken, and if the valuation shall exceed that
sum, the person taking up such estray shall within
three months aftet the appraisement cause such certi-
ficate to be published in any newspaper, that may be
published in the county where such estray was taken up
and copies of the certificates to be affixed at not less
than two-public places, near to the place where such
estray was taken up for and'during the space of two,
months, and if no newspaper be printed in the county,
copies of the certificate shall be affixed hy the personal
taking up the estray, in not less than three different
public places in the county, and at two several times,
distant from: each other not less than four months, and
if no owner appears to-claim such estray within one
year after the first publ-ication, the property shall be
thenceforth vested in the owner of the land or posses-
sor wherein it was taken, but the former owner in ei-
ther case, may-at anytime afterwards, upon proving
his property demand' and recover the valuation money
thereof, deducting therefroia the clerks printers and
justices fees, and if the owner of such property shall
claim and prove his or her right to the property before
it shall be vested according to the provisions of this
act,in the persontaking up the estray, then in that case
the owner shall rccoverhis property paying the prin-
ters. justices and clerks lees, and all reasonable expe'n-
ses far keeping and. supporting such estray, such ex-
penses to be determined by two house keepers of the
neighborhood, to be sworn and appointed by a justice
ofrthe peace in the county, in which such estray may
have been taken up,


To be advertis-
ed.



Owner not ap-
pearing proper-
ty to be vested
in the taker up.



















Owner may re-
cover valuation
money.











Penalty for ma-
icious taking
up.



Boat taken up
adrift.







tehnition ot es-




Estray dying or
escaping.


Sec; y. Be it enacted, That if any person or persons
shall vexatiously or maliciously take up as an esiray a-
ny horse, mule cattle, sheep or swine contrary to the
true intent and meaning of this att, then and in that
case such person or persons shall be liable to an action
fot damages to the party injured, and be fined not more
than tin dollars at the discretion of the Court or Jus-
tice
Sec. 8. Be it also enacted, That if any person shall
take up a boat or other vessel adrift he shall in like
manner make application to some Justice of the peace,
near to where such boat or vessel was taken up for his
warrant to have ihe same valued and described by her
kind burthen and built, and shall proceed in all other
respects and have the same benefit as before directed in
the case of estrays.
Sec. 9. Be it also enacted, That what shall constitute
an estray, shall be the wandering about the neighbour-
hood of cattle alnd hogs for the space of one year and
of horses and sheep for three months.
Sec. 10. Be it further enacted, That provided always,
that if after notice published as aforesaid any estray
shall happen to die, or by any casualty get out of the
possession of the person who took up the sane, without
his oi her default, such taker up %hall not be answerable
for the same or the valuation thereof, nor shall any ta-
er up be answerable for any boat or other vessel lost as
aforesaid.
GEO. MURRAY.
President of the Legislative Council
Attested,
F. J. FATIO, Clerk,
[.dppfroved June the 11th 1823.]
WM. P. DUVAL
Governor of the Territory of Florida,


AN ACT

For the removal and prosecution of proceedings at Law and in
Equity, begun and remaining unfinished in any of the former
Courts of this Territory.

Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That all suits both at
law and in quity heretofoe instituted in any of the









County or Circuit Courts of East or .West Florida,or
carried to any of the said Courts by appeal, which are
undetermined and not already removed may be remo-
ved to the respective Superior or County Courts of
East and West Florida, either by the party or parties
plaintiff or defendant, that such removal rlhall bt ef-
fected by a transfer by the Clerk of the said County
or Circuit Court, in which the suit was instituted or
to which it was carried by appeal, of al the pleadings
papers and'documents relating thereto, to the clerk of
the superior or county courts of the district, in wl ich
the said cause or suit or other proceeding was instiiu-
ted; and it siba'l be the duty of the clerk of the court to
which transfer may be made at the time of the recep-
tion of tie pleadings, papers, and documents, in such
causes to give to the clerk making the transfer a re-
ceipt for and specifying the said pleadings, papers, and
documents, provided, that the party applying for the
transfer whether plaintiffor defendant shall pay to the
clerk of the court from which the papers are about to
be removed, all clerks and Sheriffs fees, which may
have accrued in said court.
Sec. 2. Be it it further enacted, That each of the said
Superior or county courts shall respectively have power
and are hereby required to proceed in every such cause
or proceeding so removed in the same manner, and to
render the same judgment or decree therein, as it
might or would do, if the said cause or other proceed-
ing had originated in the said Superior or county
court, provided notice of such removal be proved to
the satisfaction of the said Superior or county court,
to have been served upon the opposite party or parties,
or his her or their Attorney, or agents in the cause, or
when the said opposite party or parties reside within
the jurisdiction of the court, to which the cause shall
have -been removed, to have been published in the
newspaper published within the said Jurisdiction for
four successive weeks, or where the said opposite par-
ty or parties reside out of the juris:liction of the said
court, to have been published in such Newspaper once
a week for eight successive weeks.
Sec.. 3. Be it further enacted, That in every suit
heretofore instituted in any of the said county or cir-
cuit courts in which judgment has been rendered in
open court, and the said judgment remains unsatisfied
is whole or in part, the party or parties in whose favor


Suitsin former
courts may be
removed.



Form ofremo*
val,








FTes to be paid
Notice of re-n.o-
val to be give.





















Judgment ;I
fori'mr courts
unsatistiedb




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs