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Acts of the Legislative Council of the Territory of Florida
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 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
Creation Date: 1825
Publication Date: 1822-1833
 Subjects
Subjects / Keywords: Law -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
Dates or Sequential Designation: 1st (1822)-11th sessions (1833).
General Note: Imprint varies.
 Record Information
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 18494349
System ID: UF00073402:00004
 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
    Index
        Index 1
        Index 2
        Index 3
        Index 4
    Acts of the legislative council of the Territory of Florida, passed at their fourth session, 1825
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Full Text





)F THE


LEGISLATIVE COUNCIL

3F THE


Territory


of
V0


Florida,


PASSED AT THEIR FOURTH SESSION,





BY AUTHORITY.




fBIINTED AT THE OFFICE OF THE FLORIDA INTELLIGENCE,


1826.









-lachua, county courts, times of holding

Alachua, Commissioners to select seat of Justice 2

Administration, letters of 28

.Auctioneers, appointment and duty of 60

Actions at common law, forms of 42

Jay of Pensacola, ferry across 5

Bidders at land sales 8

Canal from Gulf of Mexico to the Atlantic 63

Compensation of Members of Legislative Council

and Clerks - -- 7

County Courts, new organization of 8i

County Courts, supplementary act - 85

Courter Charlotte, relief of - .

Challenge to Jurors - - 9

City of Pensacola, incorporation of - 9

City of Tallahassee, incorporation of 68

City ofPensacola, repeal of 15thsection 2







CONTENTS.

Delegate, election of 4

Dower 30

Divorces and Alimony 37

Drummond William, Pelief of 51

Escambia county, boundaries of 35

Executors Administrators and Guardians, duty of 28

Execute- addition and amendment of 39

Fees of certain officers, addition and amend-

ment of 25

Fictitious proceedings in ejectment, amend-
ment of 33

Forcible entry and detainer, amendment of 7

Fort St. Marks,appropriation for repairs of 82

Garey John Y. relief of 49

Hart Daniel C. and James Bryan, relief of 48

Hunting by free persons of color, or slaves 80

Instructi ons to Jury prohibited in certain cases 80

Jackson county, boundaries of 35

Jackson county seat, establishment of 67

Jackson Lodge, incorporation of 56

Judicial proceedings, amendment of 17







CONTENTS.


Justices of the peace defining their powers 5

Justices of the peace amendment of act 34

Jurors fees 29

Jurors, grand and petit, mode of summoning 78

Jurors, new duty of 80.

Key West, act for collection of money at 76

Limitation of actions, amendment of 50

M'lntosh James, relief of 1

Militia organization of and amendment 58

Murrhee William F. relief of 64

Nassau county, Commissioners to select seat of

Justice .

Ocklockony river, ferry across (William Ellis) 59

Ocklockony river, ferry across (Drury Vickers) 75

Osilla river, ferry across 57

Patrols 52

Probate of Wills 8

Superior court for Leon county, extra term of 33

Superior courts of Alachua and Gadsden, times

of holding of 64

Superior court of Gadsden, time of holding
changed 75







CONTENTS.


Testamentary letters

Walton county, boundaries of

Walton county courts, when held

Washington county boundaries of

Washington county court, where held

RESOLUTIONS.

Resolution in favor of Gen. La Fayette

Resolution, for Mandamus against George

Walton, Secretary of the Terri-

tory of Florida. .


So,
83

* 36

88



88




88








ACTS
OF THE
LEGISLATIVE COUNCIL.


AN ACT
For the relief of James M. Me. Intosh.

WHEREAS, it is represented to this present Legis-
lative Council, that Elizabeth Mc. Intosh, who, before
her intermarriage with James M. M'ntosh, was named
Elizabeth Aikin, has violated her conjugal fidelity to
her said husband, (who is a resident ofMonroe County
:in this Territory) in a most public and shameful man-
ner; and whereas, the said James M. M'Intosh, has
petitioned to be divorced from his aforesaid wife;
therefore for the relief of the said James M. M'Intosh.
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the marriage of James
M. M'Intosh aforesaid, with Elizabeth his wife, for-
merly Elizabeth Aikin, be, and the same is hereby dis-
solved, and the said James M. M'Intosh is hereby relea-
sed, from all civil, or moral obligation, to contribute
any money or other thing to the support or mainte-
nance, of the said Elizabeth, during their natural
lives, or the natural life of either of them.
Passed November 19th. 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk,
[Alpproved, N'orember 22nd 1825, ]
GEO. WALTON.
Secretary of the Territory, and Acting Governor
of Florida.









AN ACT


To change the place of holding the County Courts of Alachusg
and tor other purposes therein mentioned.

Be it enacted by the Governor and Legislative Council
Court eld at of the Territoryoj Florida, That until the County seat
hio se of Ed- of Alachua County shall have been permanently estab-
ward Dixon. lished, said Court shall hold its sessions at the house
of Edward Dixon of said County, and so much of the
first section ofAn Act entitled "An Act to designate
the times and places for holding the County Courts in
certain Counties in the Territory of Florida" as re-
,quires the sessions of the aforesaid Court to be heid
at the house of Edward Wanton, be, and the same is,
hereby repealed.
Commissioners Sec. 2 Be it further enacted, That it shall be the
to select seat of duty of the County Courts of Alachua and- Nassau
Just-e tor Ala-
chua and Nas- Counties, at the first term of said Courts, or as soon
.-u counties, thereafter as may seem to them good and proper, to
appoint within their respective Counties, three dis-
creet and impartial persons, two of whom shall be cho-
sen from opposite extremes, and the third from the
centre of said Counties as near as may be, whose
duty it shall be. under the commission of said Courts
to examine and select the most covenient, and most
eligible situation for the permanent seat of Justice for
the said Counties respectively.
Passed November 21'st. 1825.
A. BELLAMY.
President of the Legislative Council.
SAMNL. FRY, Clerk.
approveded, December 3rd 1825.]
WM. P. DUVAL,
Governor of the Territory of Florida.

AN ACT

rTr the relief of Charlotte 'Courter.
Whereas it is represented to this present LegisltE
tire Council, that Charlotte Courter of Nassau Countr









.i this Territory, is the lawful wife of one Isaac K.
Courter, and that the said Isaac is an habitual drunk-
ard, idle and dissolute, and contributes nothing to the
support of his aforesaid wife, engaging and employing
'himself in attending upon and frequenting the company
of profligate and ill-famed women; and whereas the
said Charlotte Courter hath petitioned to be divorced
from her aforesaid husband, as well as to be restored
to the name which she bore before her intermarriage
with the said Isaac, therefore,
Be it enacted by the Governor and Legislative Council
of the Territory of Florida. That the marriage of the
said Charlotte Courter, with Isaac K. Courter, be and
the same is hereby dissolved, and the aforesaid Char-
lotte is hereby released from all allegiance, fidelity,
or obligation to him the said Isaac.
Sec. 2. .Jnd be itfurther enacted, That the aforesaid
Charlotte Courter, shall from and after the passage of
this act, be called and known by the name of Charlotte
Smith, and by the name Charlotte Smith, during her
natural life, or so much thereof as she shall remain un-
married, may sue, or be sued, plead, or be impleaded,
defend, or be defended, purchase, or sell, inherit, or
devise, and may do all other things which natural per-
sons may, can, or of right ought to do, free from the
molestation, claim or hindrance, of the aforesaid Isaac
K. Courter, and of all and every person or persons
whatsoever.
Passed November 24th. 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk,
[ approvedd December 3rd. 1825. 1
WM. P. DUVAL.
governor of the Torritory of Florida.


















Secretary au-
thorized to pay
demands.







Judges of elec-
tion to make
accounts within
two months
transmit them
to Treasurer -
Vouchers fo-
discharges.


4

AN ACT

To amend AN ACT providing for the election of a delegate

to congress"

Be it enacted by the Governor and Legislative Council
of the Territory of Florida. That the Treasurer of the
Territory is hereby authorised and required, to pay
and discharge, out of any funds of the Territory no!
otherwise appopriated, all demands incurred under
and by virtue of a law passed July the 3rd. 1823, en-
titled "An Act providing for the election of a dele-
gate to Congress" agreably to,and to the extent of, the
provisions therein contained.

Sec. 2. Be it further enacted, That it shall be the
duty of the Judges of all future elections for delegate
to Congress, wihin two months thereafter, to cause to
be made out, a regular account against the Territory,
naming the County poll, or place of election, signed by
themselves and clerk, and cause the same to be trans-
mitted to the Treasurer, which when paid shall be
deemed and considered, a voucher for the discharge.
of the same.


Sec. 3rd. Be it further enacted, That whenever here-
after it shall be necessary for any or all of the Sheriffs
of the different Counties to travel more than ten mile
to a Post-Office or other place to transmit the return.
of the election for delegate to congress in his or their
Counties to the Governor of the Territory, he or the\
Compensation shall be allowed as a compensation therefore, four cents
of Sheriff.
per mile to be applied for and discharged in the same
manner as is prescribed in the above section for the
Judges and clerks of said election.


Polls open one
dav. 3rd section
offormer act
repealed


Sec. 4. And he it further enacted, That so much of
the third section of the above recited act as relates to
the keeping the poll open three successive days, be anr









:he same is hereby repealed, and that hereafter the
poil shall continue open but one day.
Passed November 29th 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk,
JJpprored December 3rd 1825. ]
WM. P. DUVAL,
Governor of the Territory of Florida.


AN ACT
ro amend AN ACT to establish a ferry across the Bay of
Pensacoia."

Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That the ferry established
by the act to which this is an amendment shall be de-
emed and considered a ferry frcm the City of Pensacola
to the commencement of the military road from Pen-
sacola to St. Augustine on the south side of the Bay of
Pensacola ; and that the right of Ferriage at said ferry
shall extend for three miles on each side of the com-
mencement of said road.
Passed November 30th 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk.
[Approved, December 3d 1825.]
WM. P. DUVAL.
Governor of the Territory of Florida.

AN ACT

In addition to an act authorising the appointment of Justices of
the Peace and defining their powers.
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That when any person ar-









rested on a warrant as provided for in the seventh sec-
tion of the act, authorising the appointment of Justices
of the Peace, and defining their' powers; shall be
brought before the Justice of the Peace, such person
shall be held to bail.
Sec. 2. Be it further enacted, That whenever a
judgment shall have been rendered by aJustice of the
Peace, and no execution shall have issued thereon,
for the space of twelve months, from the date of the
judgment; or if any execution may have issued, and
such execution shall not have been returned, or shall
have been returned not satisfied, it shall and may be
lawful for such Justice of the Peace, at the request
of the plaintiff, his agent, or attorney, to issue a writ
of "scirefacias" against such defendant, which said
writ shall be issued, returned, and tried in the same
manner, and under the same provisions, as is provi-
ded in the seventh section of the act, authorising the
appointment of Justices of the Peace, and defining
their powers, for cases in which a summons may issue

Sec. 3. Be itfurtherenacted, That in case of the
resignation, removal from the county, or removal
from office, of any Justice of the Peace, it shall be
the duty of such Justice of the Peace, and in case of
the death of any Justice of the Peace, it shall be the
duty of his executor, to deposit in the office cf the
clerk ofthe county where such Justice may have re-
sided, the book of record of his proceedings, and na
papers relating to the cases which may have bee::
brought before such Justice ; and it shall be the dut,
of the clerk of the court, in whose office such book ol
record shall be deposited, to give certified copies o,
Va judgment, record, or paper so deposited; which
said certified copies shall have the same force and ef-
fect in law, as if they had been made by the Justice ;
and it shall be the duty of said clerk to issue execu-
tions on judgments previously rendered by the justice,
in the same manner as could have been done by ith
'instice. which execution shIall be issli. etxecnte,







.nd returned to the clerk in the same manner as they
vould have been done, had they been issued by a
Justice.
Passed November 30th 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk.
[.L4proved December 5th 1825.]
WM. P. DUVAL.
Governor of the Territory of Florida.


AN ACT
To alter and amend "'"AN ACT concerning forcible entry and
detainer.
Be it enacted by the Gorernor and Legislative Council
9!f the Territory of Florida, That whenever a Judgment
;hall have been rendered by a Justice of the Peace,
in virtue of the provision of the sixteenth section of
the above recited act; and a writ ofhabere faciasposs-
cssionem, shall be awarded it shall be the duty of the
clerk, immediately to issue said writ, directed to the
Sheriff of the County, who shall forthwith execute it,
any thing in the aforesaid act to the contrary notwith-
standing.
Sec. 2. Be itfurther enacted, That either party, may
have a right to appeal to-the County Court, or other
Court having jurisdiction thereof: but said appeal shall
not be construed to act as a stay of execution of the
writ awarded by the Justice.
Sec. 3. Be itfurther enacted, That so much of the
eleventh section of the aforesaid act as requires the
jury to be composed of freeholders be and the same is
hereby repealed, and the said Jury may be composed?
of persons who are housekeepers, to whom neither
party hath any legal exception.
Sec. 4. .nd be it further enacted, That when in
case of any appeal, judgment shall be given for the de-
fendant below, a writ of restitution shall be awarded































Unlawful to oi-
for bribeto bid-
ters at.land
salet.


by the court above, which shall be forthwith issued
and executed, unless it shall appear by evidence to the
court, (or court and jury as the case may be,) that the
defendant below at that time, had no right of posses-
sion, but that the right of possession.was then in the
party, who was the plaintiff below.
Passed December 1st 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk.
[!A.pprovtd December 5th 1825.]
-WM: P. DUVAL.
Governor of the Territory of Florida.


AN ACT

In addition to AN ACT to define crimes and misdemeanors
and to prescribe punishments for toe same.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That from and after the pas-
sage of this act it shall be unlawful for any person at or
before any public land sales, that may, by order of the
General Government take place in this Territory, to
use any means by threats, persuasion or propositions,
to compel, or induce any person, wishing to purchase
for settlement or that may have settled and previously
made improvements on public lands, to give him di-
rectly, or indirectly, any sum of money, or to promise
to give the same or any species of property in lieu there-
of, as a bribe, fee, premium, or consideration, for such
person not to bid for said land, to the injury of the Go -
ernment, and the Oppression of individuals.
Sec. 2. And be it further enacted, That in all case-
where complaints is made on the oath of any individual
before a Justice of the Peace, of any such unlawful
proposition or proceeding, by any person, that it shall
be the dity of said Justice by warrant to cause the
accused immediately to appear before him, or some









otherr Justice of the Peace to answer to the complaint,
Sec. 3. Be it further enacted, That every person viola-
ti ng this law, shall on conviction by the oath of any in-
dividual, be committed to prison for not less than three,
nor more than six months, and shall pay a fine of ten
fold the amount thus illegally asked and demanded ;
to be paid over to the Treasurer for the benefit of the
Territory.
Sec. 4. Be it further enacted, That it is hereby made
the duty of the Justice, in all such cases, to passjudge-
ment, and forthwith issue execution for the amount
adjudged, if within hisjurisdiction, if above that amount,
shall proceed to bind over the person accused require-
ing good and sufficient bail resident in the Territory
fur his appearance, at the next term of any Court ha-
vingjurisdiction thereof.
Sec. 5. AJndbe itfurther enacted, That all promissa-
rv notes bonds mortgages deeds of trust or agreements
of any and every description entered into under the a-
bove described circumstances, be, and, the same are
hereby declared null and void, any law to the contrary
notwithstanding.
Passed November 29th 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk,
[ approvedd December 3rd 1825. ]
WM. P. DUVAL,
Governor of the Territory of Florida.


AN ACT

To incorporate the City of Pensacola and improve the public roads
in the neighbourhood thereof.

Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That all the free white inhabi-
tants of that part of the County of Escambia compre-
hended within the following boundaries, that is to say:
bounded on the South and East by the Harbour ofPen-
B


On conviction
to be imprison-
ed and fined.




Justice to pass
judgment and
issue execution.
Bind offender
over.




Bonds etc. in
such case void.


Boundaries-
name and style.
























government of.







W\'ho entitled to
vote ----.Election
vnen held-by
Iwhown,







Who eligible as
Mayor and Al-
dermen.


Number ofAl-
dermen--by bali
ot---place of
c'lctiu;!.


aacola; on the West by Bayou Chico, on the
North by a line drawn North and East from
Galvez's spring to where the said line- will intersect
the Bayou Texar, thence with the said Bayou to Pen-
sacola Bay, shall be, and they are, hereby constituted
a body politic and corporate by the name and style of
the City of Pensacola, and by their corporate name may
sue and be sued, implead and be impleaded, grant re-
ceive and do all other acts as natural persons, and may
purchase and hold real, personal and mixt property, or
"dispose of the same for the benefit of the said City,
and may have and use a City seal, which may be blo-
ken or altered at pleasure.
Sec. 2. Be itfiluher enacted, That the government
of the City, shall be vested in a person to be called a
Mayor and in a board of Aldermen, to be elected inthe
manner, by the persons, and at the time hereinafter di-
rected.
Sec. 3. Beit further enacted, that all free white
male inhabitants of the age of twenty one years and up-
wanrds, who shall have resided six whole months in the
C .iy next preceding the day of election and who shall be-
liable to be taxed by the corporation shall be qualified
to vote at the election of Mayor and Aldermen of said
ciy ; that the election shall be held on the first monday
of April in every year by three commissioners to be
appointed by the board of aldermen, at least ten da)
before the day of each election.
Sec. 4. Be it further enacted, That all free white male
Citizens of the United States of fwentyfiveyears or up-
wards who shall be housekeepers and who shall have
resided one year in the City next preceding the day c;
election shall be eligible to the office of Mayor or Al-
derman : Provided, That nothing in this act contained
shall be construed to dl eprive of their rights and previ-
leges such persons as were inhabitants of this Territory
at the time of the change of government.
Sec. 5. Beit further enacted, That the whole num-
ber of Aldermen elected shall be nine, and that the
said election of iMayor and Aldermen shall be made l,









)allot and shall be held at such place within the Cityas
the said commissioners shall appoint.
Sec. 6. Be it further enacted, That the board of Alder-
moea shall have power to fill vacancies in their own bo-
dy, by causing elections to be made in the manner here-
iiafter directed out of the Citizens qualified to fill the
said office. ..
Se,. 7. Be itfurther enacted, That the Mayor and Al-
dermen shall in all cases continue to exercise their re-
ie.._twve functions, until their successors be elected
and qualifiedd o serve.
Sec. 8. Be itfurther enacted, That the board of Al-
men shall within five days after their election, convene
Iu such place as the _Mayor may appoint and proceed
to the election by ballot of a person to be called the
President of the board of Aldermen; whereupon the
said President shall administer to the Mayor, and af-
terwards to the other Aldermen respectively, the fol-
lowing oath oraffirmation: "I,A, B. do solemnly swear
:iat I will to the utmost of my power support, advance
a11 defend, the good order, peace and welfare, of the
City of Pensacola and its inhabitants, and will faithful-
.y demean myself in the office of Mayor (or Alderman
:. the case may be )of the said city according to the
y,-laws and regulations thereof, according to the best
A my skill andjudgment; and I do also swear (or af-
irm as the case may be )that I will support the con--
,iitution of the United States. And a like oath shall
:hen be administered by the Mayor to the President
tf the board of Aldermen.
Sec. 9. Be itfui-ther enacted, That the Mayor, or person
exercising the powers of Mayor of said City, shall ap-
point all City officers;he shall, within the limits of said
City, have and exercise all the powers, and shall be en-
:itled to all the fees and emoluments of a justice of the
peace for this Territory, and shall receive such other
compensation for his services in said office as may be
established by the said board of aldermen.
Sec. 10. .nd be it further enacted, That the said
board of Aldermen shall constitute a board of health


Vacancies how
filled.



Continuance in
office.







President of
board.--Oath.














City officerE, ap.
pointment of-.-
Mayor exercise
powers and ju-
risdiction of jIs-
tice of Peace--
fees.










Board of health.







Commissioners
to select quar-
antine ground:---
I'roviso.







nQorum.--.Com-
pel attendance
--appoint offi-
cers---removal
uf---iournal of
proceedings-....
deliberations
pullic---veto 0a
AMavor---two
thirds appro-
vinr.


for said City, and as such board of health shall have
power to appoint the necessary officers, and to enforce
and carry into effect all laws of the Legislative Coun-
cil and of the said board of Aldermen regulating the
quarantine of Vessels and for the preservation of the
health of said City.
Sec. 11. And beitfurther enacted, That the said board
of Aldermen shall haie power to app'diuit commission-
ers to select a quarantine ground for the Harbour and
Bay of Pensacola; and to pass all necessary laws to
prevent the introduction of contagious diseases into said
City, Provided that no law shall be passed whereby
Vessels coming to the Port of Pensacola after the
twenty fifth day of October in each and every year shall
be subjected to quarantine.
Sec. 12. .qnd be it further enacted, I'hat two thirds of
the members of the board of Aldermen shill be a quo-
rum to do business, but a smaller number may adjourn
from day to day; they may compel the attendance of
absent members in such manner and under such pen-
alties as they may by ordinance provide;they shall set-
tle their rules ofproceedings appoint their own officers,
regulate their respective fees and remove them at plea-
sure; they shall judge of the election returns and qual-
ifications of their own members, and may, with the corn-
currence of three fourths of the whole expel any mem-
ber for disorderly behaviour or malconduct in office, but
not a second time for the same offence; they shall keep
journal of their proceedings, and enter the yeas an;
nays on any question resolve or ordinance at the request:
of any two members, and their deliberations shall b,
public, and all ordinances or acts passed by the board
of Aldermen shall be submitted to the Mayor for his ap-
probation and when approved by him shall be obligato-
ry as such; but if the Mayor shall not approve of such
ordinance or act he shall return the same within five
days with his reasons in writing threfor; and if two
thirds of the board of Aldermen on reconsideratio,
thereof approve of the same it shall be in force in lik,
manner as if he had approved it.









-ec. 13. Be it further enacted, That it shall be the duty
of the Mavor to see, that the ordinances of the Corpo-
ration be duly executed and shall report the negligence
,Ir misconduct of a:y officer to the board of Alder-
men, who, on satisfactory proof thereof may remove
rom office the said delinquent, or take such other
measures thereupon as shall bejust and lawful: he shall
h:lve power to convene the board of Aldermen when in
;is opinion the public good may require it, and he shall
ity before the board from time to time in writing such
iterations in the laws of the corporation, as he shall
deem necessary and proper.
Sec. 14. Be it further enacted, That the Corporation
aforesaid shall have full power and authority to pass
ial by-laws and ordinances; to prevent nuisances and re-
move them, and to pass all necessary laws imposing
fines and penalties for violations of their quarantine re-
gulations; and to co-operate with the board of health in
preventing the introduction of contagious disorders
Svithin the Ciy; to establish night watches or Patrols
:nd erect lamps ; to regulate the stationing, anchorage
:ui mooring of vessels; to provide for licensing and re-
iulating auctions, retailers of liquors, billiard table
keepers, hackney carriages, waggons, carts and
iravs ; to restrain or prohibit gambling, and to pro-
ide for licensing, regulating, or restraining, theatri-
calorother public amusements within the city; to
regulate and establish markets ; to licence and regu-
late the pilotage of the harbor ; to erect and repair
bridges, workhouse*, houses of correction and other
public buildings; to keep in repair all necessary
streets drains and sewers, and to pass regulations ne-
cessary for the preservation of the same; to provide
for the safe keeping of the standard of weights and
measures fixed by Congress; to regulate burying
grounds ; to provide for the licensing and regulating the
sweeping of chimneys and fixing the rates thereof; to
establish and regulate fire wards and fire companies ;
to regulate and establish the size ofbricks that are to
be made and used in this City ; to sink wells and to


Duty of Mayor--
convene the
board.










Powers of Cor.
poration.---pro-
viso---rate of tax
on city proper-
ty---pruviso.









erect and repair pumps in the streets ; to control and
regulate the use of the springs in the city ; to establish
and regulate the inspection of tobacco, cotton and salt-
Ad provisions, and other articles, the guaging of casks
and liquors, the storage of gunpowder, and all Naval
and Military stores not the property of the U. States ;
to regulate the weight and quality of bread ; to tax
and license hawkers and pedlars ; to restrain or pro-
hibit tippling houses and lotteries ; to preserve the na-
vigation of the Harbor and Bay adjoining the City ; to
erect repair and regulate public wharves, and to dee-
pen docks and basins ; to provide for the establish-
ment and superintendance of public schools ; to regu-
late and license ordinary keepers, retailers and fer-
ries ; to provide for the appointment of all such offi-
cers as may be necessary to execute the laws of the
corporation, and to affix their compensation; Pror;-
ded, that no law or ordinance shallbe passed granting
a salary, per diem allowance, or fees to the members
of the board of Aldermen; to open, extend, alter, re-
gulate and pave the streets within the limits of the
said City, and to remove.all old and decayed buildings
or ruins therein : Provided, they make to the person
or persons who may be injured by such extension or al-
teration of the streets, or by the removal of suct.
buildings or ruins just and adequate compensation, to
be ascertained by the verdict of an impartial jury to be
summoned for that purpose, out of the funds of the
corporation, or by assessment upon such persons, am.
in such manner as the said board o&Aldermen may di-
rect, which said jury shall be summoned by the sheriff
of the county of Escambia, or his deputy by virtue of a
precept from the Mayor of said city, from among the
disinterested persons residing within the said city, who
shall be qualified to serve as jurors in the courts of this
Territory, and who, previous to entering upon their
duty, shall be sworn, faithfully to perform the duties
assigned them ; to borrow money for the use of the
city : Provided, the sum borrowed, shall not in an-
Year exceed three thousand dollars. nu:o a greater rati









i annual interest to be paid therefore than six per cent ;
j provide for the support of the poor, intirm, diseased
a:i insane of the city; to lay and impose taxes and
Provide for the collection thereof: Provided, that no
ax shall be imposed on real property in the city, at
Iny higher rate than three quarters of one per centum
tithe assessment valuation of such property; to im-
,ose and appropriate, fines, penalties, and forfeit-
ires, for breach of their ordinances; to restrain and
punishh offences committed by negroes and people of
:olour, and to pass all ordinances necessary to give ef-
ect and operation, to all the powers vested in the cor-
poration: Provided, that the by-laws or ordinances,
'f the corporation shall be in no wise obligatory upon
he persons of non residents of said city, unless in ca-
es of intentional violations of the by-laws or ordinan-
ces, previously promulgated : .Ind provided further,
!hatnolaw or ordinance, shallbe passedby said cor-
poration repugnant to the constitution or laws of the
United States, or the laws of this Territory.
Sec. 15. Be it further enacted, That all fines, for-
eitures, penalties and taxes, imposed by the corpo-
ration, shall be recoverable accordingly to the amount
hereoff, before a Justice of the Peace, or any court
f record for the use of the city ; and if the person or
persons by whom the same shall be due and unpaid,
nail be non-residents of the city, or shall have ab-
Lconded therefrom, the corporation shall have the
!ame remedy by attachment for the recovery thereof,
rs is by law provided in cases of absent or absconding
.:ebtors.
Sec. 16. Be it further enacted, That the corpora-
ion shall have full power and authority, to keep in
repair all public roads leading to the city for the ex-
tent of three miles therefrom, and within the same
distance, to establish and regulate ferries; and may
levy a tax for these purposes in such manner and un-
der such regulations, as they may conceive least
burthensome to the citizens, and best calculated f's
'le general good and welfare of the city.


Pines and pen.
alties how reeo,
verable.---Non
residents.








Public roads-.-
f'cres...tax,











Oath of Comn-
missioners.--.
polls--public
notice to be giv-
en of who are
clccttd.














In case of no
election charter
ot forfeited.--
Duty of Mayor
thereupon.



In the absence
etc. of Mayor,
President of
board to act.







k oeinr act re.
realed-.-Proviso


bec. 17. Be itfurther enacted, That the said comi
missioners previously to receiving any votes shall,
generally take ai oith or affirmnation, before sonm
person qualified to administer the same, that they will,
without fear or favor, faithfully and impartially con-
duct the said election ; the polls shall be kept open
from eight o'clock in the mormnin till seven in the
evening and no longer for the reeeptioi of ballots. On
the closing of the polls, the commissioners shall close
and seal their ballot boxes, and meet on the day fol-
lowing in the presence of the board of Aldermen,
when the seals shall be broken and the votes counted,
and the Mayor shall give notice to the persons having
the greatest number of votes of their being duly elect-
ed, and shall cause public notice thereof to be in-
serted in some newspaper published in the city, or, if
there be no newspaper, then, in the manner which
may be determined on by the Mayor.
bee. 18. Be it further enacted, That in case no
election shall be holden from unavoidable cause at the
time pointed out by this act, the charter of the corpo-
ration shall not, on that account be forfeited, but it
shall be the duty of the Mayor to name another day
for holding the election as near as convenient to the
one pointed out by this act, and which said election
shall be as valid and legal as if the same had been held
at the proper time.
Sec. 19. Be itfurther enacted, Thatin case of the
absence, death, or resignation of the said Mayor, the
President of the board of Aldermen shall have and ex-
ercise all the powers, and perform all the duties of
Mayor of said city.

Sec. 20. Be it further enacted, That the act enti-
tled "an act to incorporate the City of Pensacola and
improve the public roads in the neighborhood thereof,"
passed December 22d. 1824, be, and the same is,
hereby repealed : Provided, that such repeal shall
not be construed to vacate the offices of the present
Mavor and Aldermen of said city, but the said Mayo:
and Aldermen, shall continue to have and exercise









iheir said offices, until the day prescribed by this act
'or a new election.
Sec. 21. a.nd be it further enacted, That this act
:hall continue in force for the term of eight years and
so longer. Passed December 3d. 1825.
A. BELLAMY,
President of the Legislative Council.
3AML. FRY, Clerk.
approveded December 5th 1825.1
WM. P. DUVAL,
Governor of the Territory of Florida.



AN ACT

ao amend an "an act regulating Judicial proceedings approved
December 30th 1824.


Be it enacted by the Governor and Legislative Council
.if the Territoryof Florida, That it shall and may be
lawful to commence any and every action at law,
which can be brought or commenced in any court of re-
cord within this Territory, by filing in the clerks of-
:ice of the court, and County or District, (as the case
may be) in which said action may be brought or com-
imenced. a declaration in writing setting forth the
cause of action intended to be relied on at the trial,
together with the writing or a true copy thereof upon
which said action is founded ; if it be an action upon a
written contract, or agreement of any character, or
ifby parol, then a copy of the account, claim, or de-
mand, upon which suit is commenced, and by making
a written memorandum in the book of memorandums
of said clerk, to issue a writ or summons as the case
may require.
Sec. 2. Be it further enacted, That in all cases in
which the declaration of the plaintiff or plaintiffs shall
be filed with the clerk before the issuing of the writ
or summons, it shall be the duty of the clerk to note
tpon the back of said declaration the time of filing the


hufition of this-
act.


Lawvful to com-
mence suit by
fili," declara-
tic;- inds of
actio... --Clerk
issue writ or
summons.










Clirk' note time
of'iling.


















plantifteniitlee,
to trial first
tern.-







No otw!r thamn
Special bail.--
bal mtiay be eii-
corscd on back
f wr;.:.








Duty of officer
to take bail in i
cCrtain casLe.


same and upon the writ or summons that "the decia
ration in this case is filed" and attest the same under
his name.
Sec. 3. Be itfurthcrenacted, That when the fore-
going sections of this act are pursued, it shall be law-
ful for the plaintiffor plaintiffs, in any suit so com-
.menced, where process shall have been executed
thirty days or more before the first d which such process is made returnable to have and
demand a trial of right unless good cause of continuance
is shewn to the court by either party, and where such
:process shall have been executed a less number ofdays
than thirty before the first day of the appearance term
the defendant shall of right if he see cause, claim a
continuance until the term of the Court next after the
appearance term.
Sec e it further enacted, That no other than:
special bail shall be required in any action whate-
ver, and wlien any person or persons shall endorse
upon any writ requiring bail "I or we agree to be spe-
cial bail for the within named defendant, or, (as the
case mav be) defendants" and each person so agree-
ing to become bail shall subscribe his or her name there-
to at the time of such agreement, such agreement
shall be taken and considered as a sufficient recogniz-
ance of special bail, and the same remedy shall be
had against any person or persons so agreeing to be
special bail, as if a special bail piece had been legally
and formerly [formally] executed.
Sec. 5. Be it furthcrenacted, That upon all writs issu-
ed from any clerks office of [in] this Territory requiring
bail, and where no release of bail is endorsed on the
back of said writ, it shall be the duty of the officer who
by himself or his deputy shall execute said writ to
take good and sufficient bail.
Sec. 6. Be it further enacted. That in all actions
founded on any judgment, bond, bill of exchange,
promissory note, or writing obligatory for the pay-
inent of money, and in all olher actions founded on co-
tract, when the sum due shall be ascertained by ti:









-ath of the plaintiff or any other person, it shall be
awfull for the clerk in whose office suit may be brought
- issue a writ of capias ad respondendum against the
defendant or defendants if required by the written
memorandum of the plaintiff or plaintiffs, or his, her,
or their, agent or Attorney and bail shall be requira-
ble on such writ of course, and where bail is not re-
, aired by the written memorandum of the plaintiff, or
his, her, or their, agent or Attorney, then the clerk
hall endorse upon the back of said writ a release of
bail, or no bail is required.
Sec. 7. Be it further enacted, That in all cases
where the writ or other process shall issue before fil-
ing the declaration as is herein before provided for,
::ie plaintiff or plaintiffs shall have no trial at the ap-
pearance term of the case but by consent of parties,
but shall have m4ail the end of the first day of said term
in which to file in court his, her, or their, declaration,
and if no declaration be filed in the time aforesaid, it
shall be lawful for the court in which suit is brought
upon motion made without notice, to abate the said
writ for want of prosecution : Provided however, that
in any case where declaration shall be filed agreably
to the provisions of this section the plaintiffor plaintiffs
shall of right claim a trial at the term of the court
next after the appearance term unless good cause be
shewn for a continuance.
Sec. 8. Be it further enacted, That the clerks of
any or either of the courts of record within this Terri-
tory, shall not be required or authorised to keep any
rule docket, or issue docket or any other docket of
causes common [commencing] and depending in ii'eir
said courts respectively, save only a trial dnoket. rnd
it shall be the duty of the said clerks and ca.. -'
them respectively to make or cause tobe made a tri-
al docket as aforesaid within thirty days next after the
term of the court at which any cause or causes shail
have been continued, on which shall benoted .il and
every such cause or causes.
Sec. 9. Be it further enacted, That all actions of debt


plain ad respon-
dendum in cer-
tain cases.-whenl
no bail is requir-
en clerk en.
dorse release.







Plaintiff wien
process has
been served not
entitled to trial
first term--pro-
viso.







Clerks of courts
of record not to
' ep rule or is.
docket, trial
'' tw.eCt











Causes to bTs;t
down for trial
2d day of ltrmn.







Causes docket-
ed in tie order
they are contin-
ued or commen-
ced, certain
number sel for
each day---ex-
ception.



No judgment by
default or nil di-
cit---unies,



Plaintiff in cer.
311n CatLS Imav
after plea filed
claim contino-
ance.



.ofenae:,.
-c i :tault--nil
-. :'ro.vise


or petitions founded upon any bond, note, bill of ex-
change, or writing obligatory for the direct payment
of money shall be set down by the clerks respectively
upon their said dockets for the second day of the term
of the court to which such causes are set for trial,
whether they be causes which have been continued uo
are appearances to said term.
Sec. 10. Be it further enacted, That in all other con-
tinued causes the clerk as aforesaid shall be required
to docket each and every of them in the order in whict
they and each of them are continued commencing wita
the cause first continued, first and so to the end ; anl
all appearance causes shall be docketed thereafter at
the time and in the order in which they and each k;
them are commenced ; and a number set by the cleri,
for each day of term excepting, nevertheless, the doav
and causes in the foregoing section of this act contained
which shall be docketed as in said section is ex-
pressed
Sec. 11. Be it further enacted, That no judgment b)
defa,:it or judgment by iildicit shall be claimed or be
awarded by the court in any cause unless the defen-
dant shall have failed on the first day of the term t,
which such cause is docketed to file by himself or hi
attorney his or her plea or pleas to plaintiffs action.
Sec. 12. Be it jIrther enacted, That after filing lli-
plea or pleas as aforesaid, the plaintiff or plaintiffs may
if he, she, or they require it, upon the ground of sur-
prise in pleading, claim a general continuance until
tile next term of the court.
Sec. 13. Be it fiuther enacted, That all writs of en-
quiry of damages upon interlocutor judgments by id-
fault, or nil dicit shall be executed upon the days upon
.:'.-n such causes are respectively set for trial ; upon
which such interlocutory judgment or judgments shall
he awarded, or at any day in the term thereafter in the
discretion of the court : Provided however, that upol,
all such interlocutor judgments as aforesaid wher-
the sum die to the plaintiffor plaintiffs can he ascee
tamed by the court without parol testimony, and to









plaintiffor plaintiffs by himself, herself, or themselves,
or by attorney shall desire a final judgment without
the intervention ofla jury, the court shall proceed to
award the same, which slall be as vaiu to all intents
and purposes, as if a jury had been empannelled and
had rendered a verdict thereon.
Sec. 14. Be it further enacted, That special de-
murrers shall be considered and adjudged only to ex-
tend to defects of form in any matter or manner of plea-
ding, and where any such demurrer shall be sustained
Ihe party whose pleadings are so adjudged informal,
shall have a right both to amend and proceed instanter
without costs as though the said pleadings had been
formal originally, and as though no such demurrer had
been tiled argued or adjudged.
Sec. 15. Be it further enacted. That general de-
murrers shall only be considered to extend or effect in
any pleadings, the s l stance andjist of said pleading,
and shall not be considered either at law or in equity
as an admission of the facts contained in said pleading
so demurred to, so as to bar or stop dernurrant from
any substantial claim or defence which by any proper
plea can be had or made.
Sec. 16. Be it further enacted, That if a general
demurrer to the plaintiffs declaration or any plea by
way of replication &c. be sustained, the plaintiff shall
have a right to amend his said declaration or other plea-
ding so substantively defective by payment of all costs
up to the time of amendment which shall be awarded
to defendant by the judgment of the court upon an ap-
plication so to amend, and the defendant shall also
have a right to claim a continuance of course.
Sec. 17. Be it further enacted, That if a general
demurrer to defendants plea or pleas, be sustained,
the defendant shall of right file other plea or pleas if
good in law, by paying all costs up to the time of de-
murring, and by going to trial instanter if required by
plaintiff unless good cause for continuance can be
shewn.
Sec. 18. Be it further enacted, That all persons su-


Special demur.
rers only to ex-
tend to defect
of form--party
entitled to a-
iTcnd.




General demur-
rers,









tr(Lanicnil decla-
.,tilon etc.




If general de.
inurrer to defen-
dant's plea be
sustained defen-
dant can amend
by paying cost.









edjointly may of right serve [swerve] in pleading,
Persons sued and every defendant to any action may plead as many
jointly---defen. issues of law and of fact as he or she shall deem neces-
dant can plead sary to a full and proper defence, and it shall .be no
mao sies-. exception to any plea thus filed, that it is contra-
dictory to any other plea filed by the same party in
the same cause; Provided however, that no plea shall
be double.
Sec. 19. Be it further enacted, That if defendant
by pleading tenders more than one issue of fact proper
More than one to be joined, then the jury shall be sworn to try the is-
issue, judgment 1 b i
in c-rtain cases sues joined, and upon all issues so joined which are in
general. favor of the plaintiff, his costs upon said issues shall be
awarded him; if however upon any issuejoined which
forms a bar to plaintiffs demand, the finding of the jury
be for defendant or defendants, then the judgment of
the court shall be generally for defendant or defendants
as the case may be.
See. 20. Beitfurthcr enacted, That the form of
swearing a jury on the trial of issues shall be in sub-
Corm of jury stance as follows, to wit : "you and each of you do so-
oath, lemnly swear (or affirm as the case may be) that you
will, well and truly try the issue (or issues) joined be-
twixt A B plaintiff and C, D, defendant according to
evidence and a true verdict give unless dismissed by
the court or withdrawn by the parties.
Sec. 21. Be it further enacted, That where any per-
son shall die seized and possessed of any estate, re-l.
,llen t ere ie personal, or mixed, and no person shall be appoi-r' ei
no executor or executor or administrator thereto it shall be lawf!l
administrator, 'for any person having any debt, claim, or demand, a-
anypcrson ha- against such decedant, to maintain an action or actions
against estate against the heir or heirs of such decedant, and against
may sue heir any and every other person having and being posses-
etc. sed of any estate real, personal, or mixed, of such de-
cedant, to the extent to which such heir or heirs or
other person or persons shall have become possessed
of any such estate, real, personal, or mixed, and no
further.
Bcc. 23, Bci furtierecnactc:, Th:; wrrits Cf '*Ir" f(i








las against bail shall be made returnable sixty days
after they are respectively issued, and if a scire fa- writs ofscire
ciasbe returned by the sheriff or other officerto fasiasamainst
whom it may be directed, "the defendant is not found ba i-alias scire
in my bailiwick," another or alias scire facias may be facias.
immediately directed by the plaintiff and issued by the
clerk, and the bail shall be fixed at the term of the
court next after a writ of scire facias, returned exe-
cuted, or a second return of, "the defendant is not
found in my bailiwiclk." ?
Sec. 23. Be itfurh~ir enacted, That upon all judg- Interest .n
ments upon default or nil decit rendered final without judgments from
the intervention of a jury, the judgment shall be ren- time debt be-
dered to bear an interest of six per centum per an- E duc-.-un
num from the day at which the debt, or demand be-
came due, and payable, upon which such judgment
is rendered until paid, unless upon any agreement
made according to law, a greater or less interest is
reserved, and then the computation shall be after such
greater, or less reservation.
Sec. 24. Be itfurtherenacted, That upon all other
judgments upon the verdict of ajury sounding in dama- Interest six p ges, or in debt, and damages, thejudgment shall bear cent from time
an interest of six per cent from the time of its rendi- of rendition*
tion until paid.
Sec. 25. Beit further enacted, That it shall be the
duty of the respective clerks of record in this Terri- Clerk to tax
tory to tax costs upon all judgments in their respec- oson tjdg-
tive courts, and no notice or other motion of any kind twice.
shall be required to enable said clerks to perform the
duty hereby required.

Sec. 26. Be itfurther enacted, That upon all judgments clerk tax five
rendered by any court of record in this Territory, it percentfor at.
shall be lawful and is hereby made the duty of the torneys fees.
clerk to tax five per cent upon the amount of the judg-
ment or judgments so rendered in favor of the party in
whose behalf judgment shall have been rendered, as
his costs for the expense of employing an attorney if
he, she, or they shall have had an attorney of record









in the cause upen which such taxation is made, but
not otherwise.
Sec. 27. Be itfurthre enacted, That all and every par-
ty or parties to each and every suit .commenced and
depending in any court of record in this Territory,
All parties to shall at his peril take notice of all and every step or
take notice of steps which are made and filed in the clerks office in
n clerks office which such suit is depending, and all rules to plead
either final--- and rules to require notice of anyplea filed or other
rules to plead proceeding taken in tlhe clerks office, shall be and the
and notice abol- r
ished-- exep- same are hereby abolished, subljet nevertheless to
tion. the exceptions in this act herein before contained.
Sec. 28. Be it further enacted, That when any party
plaintiff shall be desirous to bring or commence any
suit at common law against two or more defendants re-
WrTlr r, siding in different counties in the same judicial district,
plasrr' .. it shall and may be lawful for the said party plaintiff to
sue in any court commence suit in any county in which any one of the
against either defendants may and shall actually reside, and by his
where they re-
ide--clerk issue memorandum to the clerk to require as many writs for
one or more bail, or without, or summons if necessary as there are
writs for bail defendants ; addressed to the sheriffs of the different
dtorse- hch de- counties in which said defendant or any of them shall re-
fendant process side which shall accordingly be issued by the clerk and
to be served it shall be his duty to endorse upon the back of each of
vpon. said writs or summons, which of the defendants it shall
be executed upon ; which said writ or summons so is-
sued as aforesaid it shall be the duty of the sheriff or
other officer to whom it is directed to obey.
Sec. 29. Be it further enacted, That it shall be lawful
Sfor the various clerks of recording this Territory upon
written memorandum made upon their respective
memorandum books, to issue, subpoenas for witnesses
poeasto clerk to any county in the Territory where said witnesses
of court where shall reside, addressed to the sheriffof the county in
witness resides. which such subpoena is to be executed; which said
subpoenas shall be issued at any time when required
after thirty days from the end of a term, returnable to
next term.
Sec. 30. Be it further enacted, That if any party askl









:e a subpoena shall have the same served on any wit-
ness whose name is included in said subpoena by any
other officer or any other person than a sheriff, such
service shall be good, if such other officer shall make
return of service, or if such other person not any [an]
officer shall make oath of having served such subpoena
upon such witness or witnesses before any Judicial of-
ficer in this Territory, who shall certify the making of
such oath.

Sec. 31. I.nd be it further enacted, That the second,
eighth, thirty first, forty first, and fifty ninth, marked in
the statute book sixtieth sections of the act to which
this is an amendment as well also as other parts of said
act or of other acts as are inconsistent with the provis-
ions of this act, be and the same are hereby repealed.
Passed December 7th 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk,
[ approvedd December 8th 1825. 3
WM. P. DUVAL,
Governor of the Territory of Florida.


AN ACT

In addition and amendment of "AN ACT to determine the fees
of certain Officers in this Territory' and for other purposes.

Be it enacted by he Governor and Legislative Council
of the Territory of Florida, That it shall be the duty
of the clerks of each and every of the Courts of record
in this Territory, to keep in his office a book for mem-
orandums, upon which said book shall be entered and
signed by the party requiring it, or by his Attorney at
law or Attorney in fact, a memorandum or order for
every writ, subpoena, copy of a paper, or record re-
quired, or other process or writ of execution other
than a writ of Venditioni ex onas, for which said order


Any person may
serve subpoena,
service sworn to
before any Ju-
dicial officer
good.



Repeal.


Cterk keep a
book of memo-
randums.









such clerk shall be entitled to a fee of twelve andi.
half cents.
Sec. 2 Be it further enacted, That all fees of clerks
or other officers of court, shall be chargeable against
the person or party for whose use and in whose name
Seesoi clcrk any service is required and rendered, or against any se-
and other ofil- curity for costs of any such person or party, hut not a-
gainst any agent or attorney of any such person or party
unless such agent or attorney shall have personally
bound himself, herself, or themselves, as security for
such costs. -
Sec. 3. lBe it further enacted, That all fees owing
,urd contracted officially with any of the clerks of any
Court of record in this Territory, shall become due
rees payable and payable half yearly, that is to say, before the firsi
half yearly, rc_ days in January and June in each, and every year, and it
reivaile 'v shall be the duty of each and every of the clerks afore-
heriff. said, within one month thereafter, that is, on or before
the first days of February and July in each and every
year, to make out fee bills of he fees so due and owinz
as aforesaid-up to the months of January and June a-
foresaid, against each and every person against whom
such clerk shall have any demand for fees, and to ten-
der them to the sheriff of the County in which such deb-
tor shall reside, if known to said Clerk, whose duty i:
shall be to receive and receipt for the same.
Sec. 4. Be it further enacted, That the fee bills so
made out and placed in the hand of the sheriff, shal?
ice bills-forc, have the force and effect of executions, and if any per-
and e.ffet of son against whom such fee bill is existing shall refuse
to pay the same, it shall be lawful for the sheriff in
whose hand such fee bill is placed, to distrain the per-
sonal estate of any such person sufficient to satisfy said
fee bill, and to sell said property at public sale, giving
ten days notice thereof by a written advertisement,
posted at some public place in his County.
Sec. 5. Be it further enacted, That in four months
Snerft accour: after any sheriff shall have received a list of fees as is
zo cerrk in four herein-before directed, lie shall be bound to account
maontr with the clerk from whom he shall have received sucr









'ist, and upon all fee bills not collected, a return of no
iiuhabitant of the County or of insolvency, shall be good
to exonerate such sheriff from accounting with said
clerk otherwise therefore than by returning said fee
bills.
Sec. 6. Be it further enacted, That upon all sums
actually collected by any sheriff upon fee bills as here-
inbefore expressed, he shall be entitled to have and re-
tain in full compensation for said collection, a commis-
sion of ten per centum, which said commission shall be
deducted from the amount of fee bills so actually put
in his hands for collection, and collected, but shall not
in any manner be charged in or upon said fee bill, so as
to make any debtor upon any fee bill responsible for or
actually to pay said commission, or any part thereof.
Sec. 7. Be it further enacted, That all fee bills re-
turned to the clerk asherein-before expressed, may
be relisted with the same or any other sherifffor col-
lection as often as said clerk shall think proper.
Sec. 8. Be it further enacted, If any clerk shall
fail or refuse to make out his fee bills, and to list or
tender the same for collection within the times and in
the manner herein prescribed, that all such fees not
made out and listed with, or tendered to the sheriff as
aforesaid; shall be and remain upon the footing of com-
mon accounts and collectable only as they are.
Sec. 9. ,nd be it further-enacted,That so much of
the act to which this is in addition and amendment of,
as is inconsistent with the provisions herein contained,
be and the same is hereby repealed.
This act shall be in force from and after its ap.
proval.
Passed December 9th 1825;
A. BELLAMY,
President of the Legislative Council.
SAML. FRY, Clerk.
[.Ipproved December 9th 1825.J
WM. P. DUVAL,
Governor of the Territory of Florida.


Sheriff entitled
to ten per cent.




Fee bills relist-
ed.



Fee bills col-
lected as com.
moll accounts
in certain cases-



Repeal,

















Intestate--ad.
ministrator ap-
ply to sell.










Administrator
render account.



No administra-
tor-clerk take
charge ex-offi-
cio---death of
administrator.-
new letters.


AN ACT

In addition to an act respecting the probate of wills and tnh
granting of letters testamentary and letters of administration,
and the duties of executors, administrators and guardians.
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That when any lands and
tenements of an intestate, whose personal estate and
slaves shall not be sufficient to pay his or her just
debts, shall be in any County of this Territory, where
there shall be no county court organized, it shall and
may be lawful for the administrator of such intestate,
to apply by petition to the county court of any county
.adjacent to that where such land may lie, for permis-
sion to sell the same, or a sufficient part thereof at
public sale, to discharge the debts of the intestate,
and upon satisfatory cause shewn, the said court may
from time to time order and direct such sale to be
made, under the provisions of the twenty first and
twenty second sections of the act to which this is in
addition.
Sec. 2. Be it further enacted, That every adminis-
trator making a sale in pursuance of the provisions of
the proceeding section, shall render an account of the
same to the court which granted such permission t.
sell, at the next term of said Court.
Sec. 3. Be it further enacted, That when any person
shall die leaving property in this Territory, and for the
space of six months thereafter no person shall be ap-
pointed administrator on the estate of such deceased
person, it shall be the duty of the clerk of the County
court "ex-officio" to take charge of such estate, and to
administer on, and settle said estate in the same man-
ner as directed for other administrators in the above
recited act, and in case of the death of any administra-
tor, or of the revocation of the letters of administration
given to any administrator, it shall be the duty of the
county court in term time, and of the presiding Judge
thereof in vacation, to grant new letters of administra-
tion to any person entitled to the same, according tc









:he provisions of the fourth section of the above recited
act, and in case of no person applying for letters of ad-
ministration, or of no person being appointed adminis-
trator of such estate according to the provisions of the
"ourth and fifth sections of the said act, it shall be the
iuty of the clerk of the County Court "ex-oficio" to
proceed to administer on, and settle such estate un-
ier order of the aforesaid Court.
Passed December Ist 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk.
approvedd December 5th 1825.]
WM. P. DUVAL.
Governor of the Territory of Florida.



AN ACT
Sa addition to "An Act to determine the fees of certain oicers in
this Territory, and for other purposes.
Be it enacted by the Governor and ,Legislative Council
of the Territory of Florida, That in all civil cases, Ju-
rors shall receive for their services, twenty five cents
,-ach, for every verdict by them delivered, and the
amount due to each Jury, shall be paid to the fore-
man of such Jury, by the plaintiff in the action, pre-
viously to the delivery of their verdict to the clerk.
Passed December 5th 1825.
A. BELLAMY,
President of the Legislative .Council,
SAML. FRY, Clerk,
[ Approved December 8th 1825.]
WM. P. DUVAL,
Governor ofthe Territory-of.Florida.


Jurors receive
a fee.









AN ACT


Cocerning Dower.


INT 'tatts---'v I-
duw~ may disseutt
to will dowcr---
prov iso.


He it enacted by the Governor and Legislative Counci
of the Territory of Florida, That when any person
shall die intestate, or shall make his last will and tes-
tament, and not therein make any express provision
for his wife, by giving and devising unto her, such part
or parcel of real and personal estate as shall be fully
satisfactory to her, such widow may signify her-dis-
sent thereto in the superior or county court of the
county wherein she resides, (and if there be no court
in the county then to either of said courts in the next
adjoining county,)at any time within one year after the
probate of such-will, and then and in that case, slhe
shall be entitled to dower in the following manner, to
wit: one third part of all the lands, tenements, and
hcieditaments, of which her husband died seized and
possessed, or had before conveyed, whereof said wid-
ow had not relinquished her right of dower as hereto-
fore provided for by law, which third part shall be,
and inure to her proper use and behoof in and during the
term of her natural life ; in which said third part shall
be comprehended the dwelling house in which her
husband shall have been accustomed most general
to dwell next before his death, together with the el-
fices, outhouses, buildings, and other improvements
thereunto belonging or appertaining : Provided. that if
it should appear to the Judge or Justices of the coui -
to whom application is made, that the whole of said
dwelling house, outhouses, buildings, and other inm-
provments thereunto appertaining cannot be applied to
the use of the widow, without manifest injustice to
the children or other heirs, then, and in that case,
such widow shall be entitled to such part not less than
one third part only as the Court may deem reasonable
and just.
Sec. 2. Be it further enacted, That when a husband
dies intestate, or shall make his last will and teot,-
mei:, and rot make nroviion thierei' for his ".if' :.









-xpressed in the first section of this act, she shall be
entitled to share in the personal estate in the following
manner, to wit: if there be no children, or if there be
but one child, in that case she shall be entitled out of
ilte residue left, after paying the debts of the decea-
sed, to one half: but if there is more than one child,
in that case she shall be entitled to one third part in
i'e simple, except slaves, in which she shall have life
state.

Sec. 3. Be it further enacted, That it shall be law-
ful, after the passing [ofj this act, for any widow clai.
mning dower, to file her petition in the superior or
county court, in the county where her husband shall
have usually dwelt next before his death, (if there be
neither of said courts in said county, then and in that
case, in the next adjoining county,) setting forth the na-
ture of her claim, and particularly specifying the lands
tenements, and hereditaments, of which she claims
dower, and praying that her dower may be allotted to
her ; whereupon said court shall issue their writ to the
sheriff, commanding him to summon five discreet free-
holders as Commissioners connected with the parties,
neither by consanguinity or affinity, and entirely disin-
t rested, who, upon oath, (which oath the sheriff is
hereby authorised to administer,) shall allot and set
off, by metes and bounds, to the said widow, one third
part according to quantity and quality, of all the lands,
tenements, and hereditaments, in said county, and shall
put her in possession of the same, which possession
shall vest in her an estate for her natural life; and
when she has claim to dower to lands lying in different
counties, she may proceed in the superior or county
courts of the county where such land may lay, and
make recovery in manner as is hereby directed, and
the sheriff and commissioners shall also at the same
time allot and set off to such widow her portion of the
personal estate of which her husband died possessed,
:Ind to which by this law she shall be entitled, which
nart or portion shall he and inure tn cech wido. !?t'.


Widow cntitled
to share in per-
sonal estate,







Widow file her
petition, in
court.














'a..-f. %in i,.
; r,?-t" nff,
proviso--No' e
ecutod4-iFad-
miliatrators..










Widow retain
dwelling house
etc.







Former act re-
1ealed.


heirs, executors, administrators and assigns forever,
with the exception herein before expressed.
Sec. 4. Be it further enacted, That the proceedings
upon such petitions for dower shall be in a sumary
way, and the court shall at their first term, when such
petition is filed, proceed to hear and determine as to
them shall seem just and right; Provided, that the
party petitioning for dower shall give ten days previous
notice to the executors or administrators by serving
them with a copy of said petition. And where there
are no executors or administrators, or where they do
not reside in the county of the -residence of such wid-
ow, or where the widow shall be executrix or admin-
istratrix, then she shall give said notice by advertise-
ment in one of the newspapers published in the Ter-
ritory nearest to the residence of such widow, to be
published four times in succession.
Sec. 5. Be it further enacted, That it shall be law-
ful for the widow to retain the full possession of the
dwelling house, in which her husband most usually
dwelt next before his death, together with the out-
houses, offices or improvement thereunto belonging,
free from molestation or rent, until she shall have her
dower assigned her, also one years provisions for her-
self and family, to be set apart by three persons ap-
pointed by the court for that purpose.
Sec. 6. .And be it further enacted, That "An act
concerning dower and jointure in lands and slaves of
widows, approved September 14 1822, be, and the
same is hereby repealed.
Passed December 6th 1825.
A. BELLAMY
President of the Legislative Council.
SAML. FRY, Clerk,
[Approved December 8th 1825.]
WM. P. DUVAL,
Governor of the Territory of Florida~









AN ACT

To amend "AN ACT to abolish the fictitious proceedings in E
jectments and for other purposes therein mentioned."

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That so much of the above
recited act as abolishes the fictitious proceedings in
the action of Ejectment be, and the same is hereby
repealed, and from and after the passage of-this act
it shall be lawful for the plaintiff at his election to a-
vail himself of either the action of ejectment or of
trespass to try title.
Passed December 1st 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk.
[.Approved December 5th 1825.]
WM. P. DUVAL.
Governor of the Territory of Florida.



AN ACT

To provide for holding a term of the Superior Court in Leon
County.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, Ihat the Judge of the
Middle District of Florida be authorised specially to
hold a term of the superior court for the Middle Dis-
trict aforesaid at the City of Tallahassee in the coun-
ty of Leon to commence upon Monday the twelfth day
of December in the present year.
Sec. 2. Be it further enacted, That service of any
rule or citation to shew cause at said term shall be
good if made or executed one day before trial.
Sec. 3. Be itfurther enacted, That the said court
shall have power. to order or issue any writ of Man-
damus, Quo warrantoProhibition, Audita Querila, or
E


Former act re-
pealed---trans-
fer the case.


Judge of Supe-
rior court of
Middle district
hold a term 1th
December.


Rule-citation.


Mandamus-quo
warrant --audi.
ta querila--proa
cedendo














Special powers
for this term
only.


.Execttion.-gar.
nishee-inter.
rogatories..-pro-
VisO.


Procedendo, returnable immediately to said court if
to said court any or either of said writs shall be consid-
.erednecessary.
Sec. 4. And be it further enacted, That the special
powers hereby given, shall only be considered as ves-
*ted in said court during said special term, except so
far as the same are vested in said court by any general
law of this Territory, and the said term shall continue
during one week, if the business of the court shall sc
long require andno longer.
Passed December 9th 1825.
A. BELLAMY,
President of the Legislative Council.
-SAML. FRY, Clerk.
[ approved December 9th 1825.]
WM. P. DUVAL,
-Governor of the Territory of Florida.



AN ACT

To amend "An Act authorising the appointment of Justices c
the peace and defining their powers."

*Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That whenever an execu-
tion shall be returned, nulla bona or no property, it
shall and may be lawful for the Justice issuing said
execution,.on application of the plaintiff, to issue e
garnishee process against any person named by said
plaintiff, to appear before said Justice at a time not
less than six, nor more than ten days, to answer on oath
what money, goods, chattles or property of any kind
were in his hands, power and control or in what sum
he was indebted to the.defendant at the time of serv-
ing said notice, and any person neglecting or refusing
to appear and answer such interrogatories as may be
put to him or her touching said matter, shall be liable
to the deficiency returned not satisfied in said execution









,ad costs arising from such neglect or refusal ; Provi-
ded nevertheless, if said garnishee shall make sufficient
excuse on oath to said Justice, within ten days of his,
her, or their disability to appear and answer, that then
and in that case he, she or they shall be exonerated
irom the penalties imposed.
Sec. 2. Be it further enacted, That whenever the
county court of any county at any of its sessions, shall
neglect to make appointment of constables in any of the
extreme parts of said counties; a Justice of the peace
is hereby authorised to make such appointments, and
any appointments so made shall be as good and valid
as if they were made by the county court ; said Jus-
tice taking bond in the sum of five hundred dollars,
and administering the usual oath of office to said con-
stable.
Sec. 3. And be it further enacted, That constables
appointed either way, shall be confined to the juris-
diction or limits of the districts of the justice or jus-
tices within which they reside.
Passed December 8th. 1825.
A. BELLAMY,
President of the Legislative Council
SAML. FRY, Clerk,
approveded December 9th 1825.]
WM. P. DUVAL,
Governor of the Territory of Florida



AN ACT
To change and define the boundary lines of Escambia, Walton,
and Jackson.
Be it enacted by the Governor and Legislative Council
o~ the Territory of Florida, That from and after th.
passage of this act, the county of Escambia shall com-
prehend all that part of the Territory of Florida, lying
to the west of a line, beginning at the East end of St.
.osa'e Island in the Gulf of Mexico, running thence a


Appointment oi
constables.






Confined to ju.
risdiction of
Justice of
peace.


Escambia,








Northwardly course to a point where the boundary line
of Alabama and Florida crosses the black water ceek
Sec. 2. Be it further enacted, That there be and here-
by is established, a county to be comprehended within
the following boundary lines ; beginning on the boundary
Waton. at the point where the same crosseth the Black water
creek running East along the boundary of said Territo-
ry to where the same intersects the Choctawhatchic
river ; thence down the channel of the same including
the Bay to the Gulf of Mexico; thence along the
shores of the Gulf to the beginning, to be called Walton
County.
Sec. 3. Be it further enacted, That Jackson County
Jacksor. shall be comprehended within a line on the west cor-
responding with the aforesaid Eastern boundary line of
Walton county, and on the North by the boundary line
of the State of Alabama, to where the same intersects
the Chatahootchie river, thence down the channel of
the same, and that of the Apalachicola, until it is in-
tersected by Hamley's trail ; thence Northwardly the
nearest direction to the Oakyhill, leaving the settle-
ments of the same to the Southward and westward ;
thence a direct course to Bunkers, on the Choctaw-
hatchie ;thence up the channel of the same to the
beginning.
Sec. 4 Be it further enacted, That there be and
hereby is established, a county to be compreheded
within the following boundary lines ; beginning at Bun-
kers on the Choctawhatchie, running thence on the
Jackson county line to the south to where Hlamley's
trail intersects the Apalachicola river, thence down
Washington, the channel of said river including Cape St. Blass,
and Islands of said Bay, together with the Islands
along the Main ; thence a direct course to the head
of St. Rosa's Island; thence bounded by the north-
wardly line of Walton county to the beginning, to be
called Washington County.

Sec. 5. Aqnd be it further enacted, That the act en-
titled "An Act defining the boundaries of Escambia,









Walton. and Jackson Counties passed the twenty ninth Repeal of for-
of December Eighteen hurnred and twenty four, is mer act.
hereby repealed.
Passed December 9th 1825.
A. BELLAMY
President of the Legislative Council.
SAML. FRY, Clerk,
approveded december 9th 1825.]
WM. P. DUVAL,
Governor of the Territory of Florida.



AN ACT

Concerning- divorces and alimony.


Be it enacted by the Governor and Legislative Council
ff the Territory of Florida, That the superior courts
of this Territory shall have jurisdiction of all causes
of divorce by this act directed and allowed : Provided
the party applying for such divorce, be a resident of
this Territory, aud shall have resided therein, at least
one year next proceeding the filing of his or her bill for
such divorce.
Sec. 2. Be it further enacted, That the like
process and course of practice and proceedings shall
be had and pursued in causes of divorce, as is usually
had and pursued in other causes in chancery, except
that the answer of defendant, shall not be under oath.
Sec. 3. Be it further enacted, That divorces from
the bond of matrimony, shall be decreed in case the
parties are within the degrees prohibited by law, in
cases where either party is naturally impotent, and in
case of adultery in either of the parties, and also for
wilful, continued and obstinate desertion for the term
of five years; but the decree or sentence of divorce
in such cases shall not render illigitimate the issue
born during such marriage.
Sec. 4. Be it further enacted, That divorces from


Superior courts
have jurisdic-
tion of all divor-
ces.-proviso.



Chancery prac-
tice.--excep-
tion.



)ivorces...con-
anguinity--imr
potency.










fiond of matri-
nony---issue il-
legitimate.







ColluBior;



Bed and board.
extreme cruel-
ty---collusion.







,Maintenance of
chlildren-alimo-
ny--security.







i~cei:'


the bonds of matrimony shall also be decreed, where
either of the parties had another wife or husband living
at the time of such second or other marriage, or mar-
riages where either of the parties shall have a former
wife or husband living at the time of such marriage,
shall be invalid from the beginning and absolutely void,
and the issue thereof shall be deemed to be illigiti-
mate, and subject to all the legal disabilities of such
issue.
Sec. 5. Be it further enacted, That if it shall appear
to the court that the adultery complained of, is occa-
sioned by collusion of the parties, and done with inten-
tion to procure a divorce, or that both parties have
"1een.guilty of adultery, then no divorce shall be de-
creed".
Sec.,6. Be it further enacted, That divorce from bed
and board shall be decreed for extreme cruelty in ei-
ther of the parties, but if it appear that the cruelty
complained of, is occasioned by the collusion of the
parties, and done with intent to obtain such divorce,
then no divorce shall be decreed.
Sec. 7. Be it further enacted, That when a divorce
shall be decreed on account of the parties being within
the prohibited degrees, or for the cause of adultery,
or extreme cruelty, the court shall and may in every
case, take such order touching the care and mainten-
ance of the children of that marriage, and also touch-
ing maintenance and alimony of the wife, or any allow-
ance to be made to her, and if any, the security to be
given for the same, as from the circumstances of the
parties and nature of the case may be fit, equitable
and just.
Sec. 8. Be it further enacted, That if any persons
who shall be divorced on account of their being within
the degrees prohibited by law, shall, after such di-
vorce, cohabit together, such persons so offending,
shall be liable to all the pains and penalties provided
by law against incest.
Sec. 9. Be it further enacted, That if any persons
-hall cohabit or live together in the same hcuse after









Divorce for the cause of prior marriage, or adultery,
such persons so offending shall be liable to all the
,ains and penalties provided by law against adultery.
Sec. 10. ind be it further enacted, That in all cases
of divorce, if the party against whom the complaint
is made, shall reside out of this Territory, or have re-
moved, or shall after the cause of complaint has aris-
en, remove out of the Territory so that process cannot
be served, or if served the party cannot be compelled
to appear and answer or plead, it shall and may be
lawful for the court on bill filed and due proof that the
defendant resides out of the Territory or hath remo-
ved as aforesaid, to order a hearing on the facts char-
ged in the said bill, and thereupon to pass a decree
in the same manner, as if the defendant had appeared
and were present in Court : Provided always, that a
copy of the said order for hearing be published in one
of the public newspapers of this Territory for the
space of three months at least before the day appointed
for the said hearing.
Passed December ith 1825.
A. BELLAMY,
President of the Legislative Council.
SAML. FRY, Clerk.
[.Approved December 9th 1825.]
WM. P. DUVAL,
Governor of the Territory of Florida.



AN ACT

Amending and in addition to "An Act concerning executions"
approved Decem.ber twenty ninth, 1824.

Be it enacted by the Governor and Legislative.Council
of the Territory of Florida, That when an execution be
issued in any manner prescribed by the act to which
this is an addition, and the same shall be levied upon
the goods and chattles or slaves of any defendant or
defendants in execution it shall and may be lawful fr,:


Cohabit or live
in same house-.-
a ultery.



Party residing
out of territory
.--court order a
hearing of facts.
proviso.


Defendant may
surrender title'
to land first.





















Defendant give
sheriff forth
coming bond for
personal estate
evied oil.














iheriti to re-
turn personal
property,


such defendant, if he elect to do so, to surrender into
the hands of the officer charged with the collection of
said execution, titles to lands, first to be disposed of in
satisfaction of said execution, before any sale shall
take place of the goods and chatties or slaves so levied
upon as aforesaid, and if said lands shall, after being
sold in the manner in said act expressed, produce a
sufficient sum to satisfy and discharge said execution,
the said goods and chattles or slaves so levied upon
shall be restored to the defendant in execution, and all
claim by virtue of said execution released thereto;
Sec. 2. Be it further enacted, That when any defen-
dent or defendants in execution, shall elect a sale of
his lands in substitution of personal estate as in the
foregoing section is authorised, it shall be lawful for
the officer to whom such execution is directed, to take
from such defendant or defendants a forthcoming bond
with good and sufficient security, in a penalty of doub-
le the sum for which said execution is issued condi-
tioned, in case the lands so elected to be surrendered,
shall not sell at public sale for a sum sufficient to dis-
charge the execution by virtue whereof said personal
state is levied upon that then said personal estate shall
be returned to the said officer, or the bond shall re-
main in full force and effect in law, and all such bonds
shall be taken in the name of the officer whose duty it
may be to receive them.
Sec. 3. Be it further enacted, That when any defend-
ant or defendants shall avail himself herself or them-
st(;ies of the privilege in the first section of this act
granted, and shall execute the bond with security in
the second section of this act authorised, that then it
shall be the duty of any officer, who by virtue of an
execution, shall have levied upon and taken into pos-
session any personal estate of such defendant or defen-
dants to return the said personal estate to such defend-
ant or defendants forthwith.
Sec. 4. Be it further enacted, That for the violation of
the condition of the bond authorised by the second
section of this act, it shall be lawful for any of-









iicer otr whose use or in whose name such bond is taken,
:o move any court of record, having jurisdiction there-
'ffor judgment against each or every the obligors in
,aid bond, giving each or any of them six days notice,
A; such motion in writing which judgment it shall be
lawful for said court to enter during term time.

Sec. 5. Be it further enacted, That so much of any
and every law as requires that real estate shall be val-
ued or appraised or advertised in any news paper be-
fore the same can be sold under execution be and the
same is hereby repealed, and that henceforth when
any real estate shall be levied upon or surrendered to
be sold in virtue of any execution, it shall and may be
lawful for any sheriff or other officer to whom such ex-
ecution is directed, to advertise by writing posted up at
three or more public places in the county where said
land shall lay the sale thereof, which sale shall take
place at the Courthouse or place of holding court in the
County where the lands so advertised shall lay ; pro-
vided however that no such sale shall be made unless
the same be advertised as aforesaid for the space of
thirty days.

Sec. 6. Be it further enacted, That any person having
a right to any execution from any court of record in
this Territory, may order the same directed to the


Sheriff movefor
judgment.







Real estate not
to be advertised
or appraised-.
pos-ing--pro.
viso.










Execution in an-
other county.-
venditioni ex-
ponas.


sheriff of any county in this Territory, returnable at
any number of days not less than thirty or more than
ninety, as such person either by himself or Attorney by
written memorandum left with the clerk of any such
court shall direct, and if the return upon any execu-
tion shall be "Executed" but not time to sell then a Ven-
ditioni exponas shall be issued by the clerk of course
and without order.
Former laws in.
Sec. 7. Jad be it further enacted, That so much of consistent re.
ny l r lpel
any law or laws now in force, aR is inconsistent with
k,



























I'rcauiL L






Certain forms of
acti'


the provisions or any of them in this act contained, be
and the same is hereby repealed.
Passed December 9th 1825.
A. BELLAMY,
President of the Legislative Council.
SAML. FRY, Clerk.
[Jp)proved December 9th 1825.]
WM. P. DUVAL,
Governor of the Territory of Florida.


AN ACT

To prescribe forms of action for certain actions at common law,
and for other purposes therein expressed.

Whereas, great perplexity and inconvenience hath
often occurred to the good citizens of this Territory
from a want of knowledge of the forms prescribed and
used at common law in drawing of declarations; for
remedy thereof,
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the forms given by
this statute, and in the cases herein after directed, shall
be taken and accepted, by every, and each of the
courts of record of this Territory, which are now, or
may hereafter, be lawfully established, as good and
sufficient in form and in substance, upon which to au-
thorise any plaintiff or plaintiffs, in all or each of said
actions, suits or demands, to have and maintain, his
her or their, said action, suit or demand, without the
claim or demand of any defendant or defendants, to
.have or require, any other or further declaration from
all, or any of said plaintiffs, than is hereinafter provid-
ed for, in the cases hereinafter provided for, that is to,
say.
Sec. 2. Be it further enacted, That upon all bonds,
notes, bills of exchange, or writings obligatory, whe-
ther executed under seal, with a scroll, or withouT









either, for the direct payment ofmoney, the following
hall be a sufficient form of declaration, onds.-bilt ot
County Court (if in the superior Court) Dis- exchange--wri-
trict set. A. B. plaintiff, states that he holds a writing tings obligatory'
obligatory upon C. D. defendant, in substance as fol-
lows to wit ; (here insert a copy of the bond, note or
bill of exchange, or writing obligatory, upon which the
action, suit, or demand, is based,) if the plaintiff sues
by virtue of any assignment set forth the assignment as
follows : "upon which is the following assignment, (or
as the case may be assignments,) whereby the plain-
tiff is entitled to sue to wit :" (here insert a copy of the
assignment, if any and proceed,) yet the said debt re-
mains unpaid, wherfore he, (or as the case may be she
or they) prays judgment for his (her or their)debt, and-
damages for the detention of the same, together with
his (her or their) costs &c. A. B. p. p. or E. F. Atty.
for Plff.
Sec. 3. Be it further eiucted, That upon all cove-
nants for a liquidated sum or sums, and made payable
in bank notes, or any other notes, bonds, bills of ex-
change, or in any merchandize, or other commodity, Coveant,'
or in work and labor, whether the said covenant, or co-
venants be executed under seal, or with a scroll, or
without either, the following shall be a sufficient form
of declaration : "- County ---Court (if in the
superior court)- district to wit: A. B. plaintiff,
states that he holds a covenant upon C. D. defendant,
in substance as follows to wit: (here insert a copy of
the covenant upon which the action, suit, or demand,
is based,) and if held by assignment, set forth the as-
signment, or assignments as is prescribed in the second
section of this act, and proceed ; nevertheless the said
defendant hath not kept and performed his said cove-
nant, but hath broken the same, and the same still re-
mains undischarged and unsatisfied, wherefore he
prays his damages may be awarded to him by a jury,
and that he may have all legal costs &c. A. B. p. pi
or E. F. Atty. for pltf.
Sec. 4, Be it further enacted, That upon all mer-










Merchants ac.
counts---for me.
chanical skill
labor---goods
wares and mer-
chandize-work
and labor-any
account.

















Deinue,


cvants accounts, accounts for mechanical skill and la-
bor, accounts for goods, wares or merchandize, sold
and delivered, or upon any account for work and labor
done or performed, or upon any account,claim or de-
mand ,due by parol upon which, Indebitatus assumpsit
Quantum Aleruit, or Quantum Valebit, can be sustained
at common law, the following shall be a sufficient
form of declaration to wit: County Court
(if in the superior Court) District to wit : "A.
B. plaintiff, states that he claims an account against
the defendant C. D. of which the following is a copy
to wit : (here insert a copy of the account, claim or
demand, and conclude as follows) which said account
or some part thereof remains due and unpaid from the
said defendant, to the said plaintiff; wherefore he
prays the intervention of a jury thereon, that they
may ascertain by their verdict how much he merits, or
how much is just, or how much of indebtedness there is
from the said defendant to him, and that they may a-
ward to him in damages their finding; he prays also
his costs &c. A. B. p p or E. F. atty. for Pltf.
Sec. 5. Be it further enacted, That in all cases in
which any person, or persons, shall come to the posses-
sion of any writing, or writings, or goods, wares or
merchandize, or chattles, or negro slave or slaves, the
property of any other person or persons whosoever, by
whatsoever means such possession shall be effected,
whether legal or illegal, provided where such posses-
sion was rightfully obtained, the duration of such right
shall have been determined, and where the owner or
owners, of any such writing or writings, goods, wares,
merchandize, chattles or negro slave or slaves, shall
be desirous to reclaim any or all of the identical arti-
cles in this section before enumerated, it shall be law-
ful for such owner or owners to commence and prose-
cute an action of detinue for the same, and the follow-
ing shall be taken and considered a good and sufficient
form of declaration for any case designated in the fore-
going part of this section to wit : "-- County-
Court, (if in the superior court) -- District sct









.B. plaintiff, states that C. D. defendant, has in his
possession, of the proper goods and chattles of the
plaintiff, (here insert the species ofthing or things de-
manded, and a reasonable description of it or them, and
conclude as follows,) of which said goods and chattles
the plaintiff is entitled to be possessed, and avers their
reasonable value to amount to the sum of where-
fore he prays a jury to be called to enquire whether
the aforesaid goods and chattles be or be not, the prop.
erty of the plaintiff, as also to ascertain their value,
and that a judgment of restitution may be awarded
him by the court, also in default thereof that an execu-
tion may be issued to take the aforesaid goods and
chattles, if to be had, and if not, that their value in
money be made of the estate of the defendant; he
prays his full damages for the illegal detention of the
said personal estate, and also his costs &c. A. B. p. p.
or E. F. atty. for pltf.
Sec. 6. Be it further enacted, That when any per-
son shall, by virtue of any of the foregoing sections of
this act, tile in the clerks office of the court where he
shall choose to commence his suit, a declaration confor-
ming himself substantially to the forms for declaring
hereby and herein before given, and shall also file with
the clerk a memorandum or order, directing him to
copy declaration and issue summons (or as the case
may be writ) and shall by himself sign his name there-
to, or by any attorney at law of said court shall sign his
name thereto as attorney for plaintiff, it shall be law-
ful for said clerk in all or any of said cases, to copy the
declaration or declarations as aforesaid, and to append
thereto a summons in substance as follows: "Territory
of Florida District County-- Court set.
To the sheriff of said county greeting; you are hereby
commanded to summon C. D. the above named defen-
daut, if he be found in your county to appear before
the Judge of (or Judges of) our aforesaid court at the
court house in the county aforesaid upon the day
of the term of our said court, to answer A. B.
the plaintiff in a plea of (debt, covenant, account, or


Plaintiffmay file
declaration.
clerk shall issue
summons.


















Delivery of dec.
laration & sum-
mons to defen-
dant good ser-
vice, or leaving
same at usual
place ofabode---
wroviso,










Sail demanda-
ble in certain.
cases.







When bail is
demandable,
clerk to issue
capias ad res.
pondendum.


detinue as the case may be) which has been exhibited
against him by the declaration of the plaintiff, of which
the above is a true copy, and make due return how
you have executed this summons, witness G. H. clerk
of our said court at the court house aforesaid this--
day of ---18-- and of the Independence of the U.
united States the year. G. H. Clerk."
Sec. 7. Be it further enacted, That service of the
summons directed by the foregoing section of this act
shall be, by delivering a true copy of the declaration
and summons so issued as aforesaid to the defendant,
or leaving the same at his usual place of residence
with some white person of his family above the age of
fifteen years, at least thirty days before the term of
the court to which the same is made returnable, in
which case a trial shall be demandable of course :
Provided however, that service of such summons as afore-
said shall be good and valid if executed within less than
thirty days of term time, but the defendant shall of
right in such case have a continuance until the term
next after the appearance term of the cause.

Sec. 8. Be it further enacted, That in all actions
allowed and commenced, under the second and third
sections of this act, bail shall be demandable of course
by the plaintiff or by his attorney for him, and that in
all actions allowed and commenced under the fourth
and fifth sections of this act, bail shall be allowble only
so far, and in such cases, and under such restrictions,
as are imposed by the act regulating judicial proceed-
ings, approved December 30th 1824, and such act or
acts as may be hereafter made amendatory thereof.
Sec. 9. Be it further enacted, That in all cases where-
by the foregoing section of this act, bail can and shall
be required by the plaintiff or his attorney for him, it
shall be lawful for the clerk, whose duty it shall be to
issue process, to append to a copy of the declaration a
writ of Capias ad respondendum, in substitution of the
summons hereinbefore directed, which said writ shall
be executed as directed by the act regulating judicial









proceedings approved December 80th 1824, and such
4ct or acts as may be hereafter made to amend the
same.
Sec. 10. Be it further enacted, That the lawful re-
turn or returns upon the summons herein before direc-
ted shall be, "executed by delivering a true copy of
this declaration and summons to the defendant this -
day of- 18 I. K. sheriff- County ; or with L
M. of the family of the defendant, at his usual resi-
lence this day of 18 I. K. sheriff of -
County; or the defendant is not found ; is no inhabi-
tant of the county ; "is dead ;" or "not time to exe-
cute ; and all and every return or returns other than
is herein directed, shall be illegal and of none effect.
Sec. 11. Be it further enacted, That if the return
upon any such summons be, that the defendant is no in-
habitant of the county, or is dead, the cause shall a-
bate ; otherwise when execution of process has not
been had, the plaintiff shall have alias and pluries sum-
mons as often as he shall require.
Sec. 12. Be itfurther enacted, That the general issue to
any or all of the actions given by the second or third
sections of this act shall be non est factum, which must
be under oath; that the general issue in any or all of the
cases under the action, given by the fourth section of
this act, shall be non assvmpsit, and that the only issue
to the action given by the fifth section of this act, shall
be non dctinet.
Sec. 13. Be it further enacted, That in any cause
brought under and by virtue of the second, third, or
fourth sections of this act, the defendant shall be al-
lowed to file as many pleas as shall be deemed neces-
sary to investigate the merits of his defence, and the
same pleas shall respectively be lawful as if the said
actions or any of them had been commenced at com-
mon law.
Sec. 14. Be it further enacted, That no advantage
shall be taken of any defendant for pleading pleas not
consistent with each other, but in such case the jury
shall be sworn to try the issues joined, and to make a
true verdict thereon according to law and justice.


Defendant no
inhabitant or
dead--suit abate
---otherwise alias
and pluries.



General issue--
non estfactum-
non assumpsit.-.
nlon detinue.







Defendant al-
lowed to plead
as many pleas as
necessary.

No advantage..
inconsistent
pleas.










.!udgiments--.ex-
ccution.



join any num-
ber of plaintiffs
or defendants.






Proviso.


bec. 15. Be it further enacted, That in all cases
where judgment or judgments shall be given under
and by virtue of this law, execution shall issue and be
executed as is, or may be directed at law in other
cases of a like nature.
Sec. 16. Be it further enacted, That in any cause
brought under the provisions of this act, it shall be
lawful to join any number of plaintiffs or defendants to-
gether in any action, and it shall not be considered at
variance from the prescribed forms in said acts con-
tained, so to word any declaration therein given as to
include pluralities of parties to any and every of said
actions.
Sec. 17. Be it further enacted, That nothing in this
act contained, shall be so construed as to abridge the
rights of any party or parties plaintiff, from comment.
cing any, all and aach of their said actions, suits, or de-
mands, as though this act did not exist, unless he, she,
or they, shall select to pursue the remedies herein
given.
Passed December 2d 1825.
A. BELLAMY,
President of the Legislative Council.
SAML. FRY, Clerk.
LAtpproved December 5th 1825.]
WM. P. DUVAL,
Governor of the Territory of Florida.



AN ACT

For the relief of Daniel C. Hart and Sears Bryan.
Whereas a law of this Territory entitled "An Act
providing for the election of delegate to Congress" ap-
proved July the third, eighteen hundred and twenty
three, makes it obligatory on the Sheriffs of each
county to transmst to the Governor, the returns of the
election within ten days after they are made out to
him, and whereas the said Daniel C. Hart and eSar.









rxyan ; sheriff of luval, and acting sheriff of Jackson
county were compelled in compliance with the afore-
aid provision of said law. to travel from Jacksonville
;; Duval county to Tallahassee, and St. Andrewis Bav
in Jackson county to Tallahassee, and have received no
compensation therefore,
Be it enacted by the Governor and Legisiatire Council
f the Territory of Florida, That the said Daniel C.
tart be paid thirty dollars and Sears Bryan 'liteen
dollarss from any monies in the treasury not otherwise out oftreasury
appropriatedd as a full compensation for their services.
Passed December 9th 1825.
A. BELLAMY,
President of the Lezislative Council.
SAML. FRY, Cierk.
[.Jpproved December 9th 1825.1
WM. P. DUVAL,
Governor of the Territory of Florida.



AN ACT

For the relief of John Y Garey.


Whereas it is represented to the present Legislative
Council, that John Y. Garey had erected, or that
there had been erected for his use upon one of the
lots in the city of Tallahassee, a wooden building by
which he became entitled to a pre-emption right to
the lot upon which said building is situated, and where-
as the said Garey, failed to comply with the provisions
of said act in the time therein prescribed, to secure
to himself his said house with the lot on which it is
situated, for remedy thereof.
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the time which said
Garey shall be allowed to determine his right to said
lot,-as prescribed by an act to provide for the laying
off the town of Tallahassee, and the sale of the lots
therein, approved December the llth, 1824 be ex-
f4


T:me extended.
actions between









tended to the first day of February 1826 ; any thing h.
the before recited act to the contrary notwithstanding

Passed December 6th 1825.

A. BELLAMY,

President of the Legislative Council

SAML. FRY, Clerk.

approveded December 8th 1825.]

WM. P. DUVAL,

Governor of the Territory of Florida.


AN ACT

To amend an act concerning limitations of actions.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That all actions on sitch
accounts as concern the trade of merchandize be-
tween merchant and merchant, their factors and ser-
mcrclhant---.hmn vants shall be brought within the term of five years.
station of. after the delivery of the articles charged and not af-
ter.
Sec. 2. Be it further enacted, That all the actions
count a on merchants accounts shall be brought within the
term of two years from the delivery of the articles,
and not after.
Sec. 3. Be it further enacted, That upon all claims
demands or other rights which can be enforced by
Claims, emans any personal action created or existing at the -time
ing under Span- that this Territory was ceded by and from the Span-
ish government ish Government, andcame into the possession and un-
---limitation of. der the Government of the United States and not oth-
erwise limited by law, the said actions shall be com-









.nenced before the first day of March one thousand
*ight hundred and twenty seven, or shall forever be
Mrred by operation of limitation.
Passed December 7th 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk.
[.Approved December 8th 1825.]
WM. P. DUVAL.
Governor of the Territory of Florida.


AN ACT
For the relief of William Drummond.

Whereas it is represented to this present Legis-
lative Council, that Martha Drummond, formerly
Martha Rain, has violated her conjugal fidelity to her
husband William Drummond, an inhabitant of St.
Johns county in this Territory.
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the marriage ofthe
aforesaid William Drummond with Martha his wife,
formerly Martha Rain be, and the same is, hereby
dissolved; and the said William Drummond is hereby
released from all civil or moral obligation, to contri-
;ute any money, or other thing to the support, or
maintenance of the said Martha Drummond formerly
Martha Rain.
Passed December 6th 1825.
A. BELLAMY,
President of the Legislative Council.
SAML. FRY, Clerk.
[.Approved December 8th 1825.]
WM. P. DUVAL,
Governor of the Territory of Florida.


Marriage of dis.
solved---former
name.









AN ACT

To Govern Patrols.


Officers of In-
fantrv or foot mi
litia to Iry out
their district in-
*o natrols---ages .















C'apitain or corn-
mandgti oticcer
faiinng-- penalty
--mrasters, Ipar-
ents--apprenticc
-fines.


Be it enacted by the Governor and Legislative Council
of the Territory qf Florida, That every captain or com-
manding officer of a company of Infan4try or foot Mili-
tia throughout this Territory is hereby authorised,
empowered and required severally and respectively,
together with the subaltern officers if any such there
be, and they shall in concert sub-divide and lay out his
district into as many convenient patrol divisions as they
shall think proper and most convenient to the men;
which said subdivisions shall thenceforth be the pat-
rol divisions until altered by like authority, and
wherein the owners of settled plantations as well as
the other inhabitants of any such patrol divisions as
well alarm men as others of horse and foot, between
the age of sixteen and sixty years, shall be subject to
the patrol duty of that division and shall either by
themselves in person or by others employed for that
purpose, do their patrol duty regularly according to
the intent and meaning of this act.
Sec.. 2. e it further enacted, I'hat if any captain
or commanding officer shall omit or fail to subdivide
his company district in manner herein-before enjoined,
or afterwards at any muster day or within five days af-
ter such muster day shall neglect to prick off the se-
veral patrols as is herein-after directed, that every
such captain or commanding officer so failing shall re-
spectively be subject to and pay the penalty of ten
dollars; to be recovered by warrant of distress, un-
der the hand of any justice of the peace for the district
where such offence shall be committed, which sum
when collected shall be paid over to the county Trea-
surer for county purposes : and all masters, parents
and guardians shall furnish any apprentice, minor or
ward under his or their care with a horse and neces-
sary equipage required to perform patrol duty at such
times as may be appointed under penalty of five d,'









lars, and that they shall also be bound to pay all fines
.hat may be imposed for failure to perform duty when
iuly notified, to be adjudged by a majority of the
company officers of the district in which they reside,
and levied by distress and sale of the offenders goods
under the hand and seal of the captain or commanding
Tfficer of the district, or by a justice of the peace :
the money when collected to be paid to the Treasu-
rer for the benefit of the county unless sufficient ex-
cuse be made to the officers of said company on the
aext muster day.
Sec. 3. Be it further enacted, That on every mus-
:er day the captain or commanding oificer shall prick
off from his list adding in alarm men and minors not
less than six nor more than ten names, from which
number he shall select one proper person as captain,
and that the patrol may be divided or subdivided ac-
cording to the convenience of the men to act within the
several sub-divisions of the district, making returns to
their captain, and he to the captain of the district:
and if any person shall have been regularly appointed
to command the patrol agreably to the above recited
act, who shall refuse to accept of such command, or
after acceptance thereof shall refuse or neglect to
perform his duty, such person so offending shall, for
every such offence forfeit and pay a sum not exceed-
ing ten dollars to be adjudged by a majority of the offi-
cers of the company and levied by distress and sale of
the offenders goods under the hand and seal of the
captain or commanding officer of the company or a jus-
tice of the peace; the money to be paid to the Trea-
surer for county purposes.
Sec. 4. Be it further enacted, That all and every
person or persons liable to do and perform patrol duty
as prescribed in the above recited act, who shall re-
fuse or neglect to do so shall forfeit and pay a sum not
exceeding two dollars for each offence to be adjudged
by a majority of the company officers of the district
and levied by distress and sale of the offenders goods
under the hand and seal of the captain or commanding


Captain at eaci.
muster lay to
prick ofl--re-
turns-penalty'





















Penalty for re-
fusing to patrol
--dutv of patrols
to make roturiy









officer of the district, or by a justice of the peace,
the money when collected to be paid over to the coun-
ty Treasurer for county purposes, unless sufficient
excuse be made to the officers of such company on
their next muster day ; and it shall be the duty of pat-
rols to make a true and just return of all defaults (de-
faulters,) in their respective districts to the captain
or commanding officer of the company on the muster
day after they shall have been appointed.
Sec. 5. Be it further enacted, That every patrol
shall go to, and examine the several plantations in
their divisions at such times as they in their discretion
iuty ofpatroli. shall see fit, one night in fourteen at least, and they
shall take up all slaves which they shall find without
the fences or cleared ground of their owners who have
not a ticket or letter or other token to shew the rea-
sonableness of their absence or who have not some
white person in company to give an account of his her
or their business and such patrol may correct every
such slave or slaves by whipping with a switch, whip
or cow skin not exceeding twenty lashes.
Sec. 6. Be it further enacted, That it shall be the
duty of patrols to disperse all improper assemblages
Assemblages of or meetings of negroes above seven in number that
negroes may take place for the purpose of drinking or on any
other occasion unauthorised by their owners, and
should such negroes fail to disperse immediately when
notified or behave insolently to the patrol, they may
be taken up and whipped as before, with a switch whip
or cow skin, each one so offending not exceeding twen-
ty lashes, though they may have passes ; and all free
negroes found in such improper associations of slaves
Captain of pa- shall be subject toshare the same treatment.
trsl to gie one- Sec. 7'. Be it further enacted, That the captain of
i6sh arms and c- any patrol shall give one day's notice to the men to turn
quipagc. out, and when onduty may at all times appoint his
next time of turning out and where to meet, which no-
tice shall be sufficient to all present, and the said cap-
tain may direct or point out the kind of arms they shall
appear with, and it is hereby made the duty (f every









:erson called on to furnish himself with the necessary
irms and equipage and horse ; to be obedient to the
orders of said captain, and carefully to avoid intoxica-
ion while on duty, under the penally of five dollars foi
-ither ofthe olfences, to be adjudged by a majority of
the officers of the district in which they live, and to
be levied by a warrant of distress under the hand and
-eal of the captain or commanding officer of the com-
pany, or by a justice of the peace ; the money when
collected to be paid over to the Treasurer for county
purposes.
Sec. 8. Be it further enacted, That the patrols
shall enter into all negro houses and suspected places,
and search for arms and other offensive or improper
weapons, and may lawfully seize and take away all
such arms, weapons andammunition, and it shall be
the duty of such patrol within three days after any
such seizure, to take the same before the nearest jus-
tice of the peace and make oath of the manner of such
seizure, and if no person calls within one week there-
after and makes proof that the same belongs to him or
her, the articles shall on the next constables sale day
be sold and the proceeds paid over to the Treasurer
for county purposes.
Sec. 9. Be it further enacted, That it shall not be
lawful for any slave, unless in the presence of some
ivhite person to carry and make use of fire arms or
any offensive weapons whatever, unless such slave
Hall have a ticket or licence in writing from his mas-
ter or mistress or overseer, to hunt and kill game
cattle or mischievous birds or beasts of prey, and that
such licence be renewedonce every week.
Sec. 10. Be it further enacted, That if any person
or persons shall presume to give a ticket or licence to
any slave who is the property or under the care or
charge of any other without the consent of the owner
or other person having charge of such slave, he she
or they shall forfeit to the county ten dollars over and,
above the damages that may accrue to such owner by
Sie absence of such slave.


Ne-Cro ilozlse.
ai d suspected
places.







Unlaliful for
slaves to use ire
arms &c.-ex-
ception.







Persons r(,t Rau
thorized giving
t:ckcts--penalty.









Sec. 11. LAnd be it further enacted, That in ever
Appeal io ese case in which a fine or other punishment may be ad-
of fies, judged against any individual u'der the above act, the
party defendant shall have a right to appeal to ajus-
tice of the peace, if within hisjurisdiction, and if not.
thento any court having jurisdiction thereof.
Passed December 6th 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk,
S[.jpproved December 8th 1825. ]
WM. P. DUVAL,
Governor of the Territory of Florida.


AN ACT

To incorporate Jackson Lodge of Tallahassee in the city or
Tallahassee.

Officers of Be it enacted by the Governor and Legislatire Counci
?dagc.. of the Territory of Florida, That Robert Butler, Ro-
bert W. Williams and Isham G. Searcy the present
officers and their successors and others who are or
may hereafter become members of Jackson Lodge of
Tallahassee in the city of Tallahassee, shall be and
are hereby declared to be a body corporate and poli-
tic, in name and in deed, by the syle of Jackson Lodge
of Tallahassee, and by the said name and style shall
have perpetual succession of officers and members,
and a common seal to use ; and shall have full power
to make, alter, amend and change such by-laws as may
be agreed upon by the members of the same, Provided
always, that such by-laws are not repugnant to the
constitution and Laws of the United States or the laws
of this Territory.
Power ahd au- Sec. 2. Be it further enacted, That they shall have full
thority-provi- power and authority under the name and style of Jack-
son Lodge of Tallahassee, to take, hold, and enjoy real
and personal property, to sue for and recover all such









aum or sums of money as now is or hereafter may be-
come due to said Lodge, by any name or style whate-
ver in any court of law or at any tribunal having juris-
diction thereof and do all other acts as naturaLpersons,
and may purchase and hold real personal and mixed
property and dispose of the same for the benefit of the
institution : Provided, that said Lodge shall not at any
one time hold real estate to a greater.amount than of
the cost of ten thousand dollars or emit under any pre-
text bills of credit or bills or notes for the payment of
money.
Passed December 7th 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk.
[.Approved December 8th 1825.1
WM. P. DUVAL.
Governor of the Territory ofFlorida.


AN ACT
To establish a ferry across the Ocilla River.
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That William Evans be, William Evans
and he is hereby vested with all the right, and charged vested with
with all the duties of establishing the keeping a ferry right of ferr..
over the Ocilla, at the point intersecting of the main
road, which now is established and leading from Tal-
lahassee to St. Augustine ; and the said William E-
vans, his heirs, executors, administrators and assigns,
be and remain for the term often years, vested and
charged with the rights and duties aforesaid.
Sec. 2. Be it further enacted, That it shall be un-
lawful for any other person or persons to establish or Unlawful fbr
keep a ferrywithin four miles of the ferry by this act "ay other.
provided for, unless the same shall be for his, her, or
their own exclusive use and not for the purpose of ga-
thering or receiving toll.











Duty of William
Evans to keep
in repair--regu.
nations and toll
prescribed by
county court.


Colonbla o re.
giments to cause
muster to be
held


Sec. 3. Be it further enacted, That it shall be the
duty of the said William Evans, his heirs, executors,
administrators and assigns, at all times to have, and
keep in good repair a flat boat of sufficient dimensions
to carry across said river a loaded waggon and team,
and that they shall be entitled to receive at the said
ferry, toll at such rates, and shall be subject to such
regulations as may be established by the County
Court of the County of Leon, and the Legislative
Council of this Territory.

Passed December 7th 1825.

A. BELtAMYr

President of the Legislative Council

SAML. FRY, Clerk.

[Approved December 9th 1825.]
WM. P. DUVAL4
Governor of the Territory of Florida.



AN ACT


To amend an act more effectually to provide for the organization,
of the Militia.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That it shall be the duty of
the Colonels of such regiments of the Militia as have not
complied with the provisions of the first section of the
act to which this is on amendment, to cause a muster of
such regiment to be held at such times and places as
shall be designated by the said Colonels or command-
ing officers of such regiments: Provided, That i:









Veeks notice of the time and place of such misrtei
-hall be given by posting at the Court house, and at two
otherr of the most public places in the County.
Passed December 7th 1825.
A. BELLAMY,
President of the Legislative Council.
SAML. FRY, Clerk.
approveded December 9th 1825.1
WM. P. DUVAL,
Governor of the Territory of Florida.



AN ACT
ro establish a ferry across the Ocklockony live.

Be it enacted by tke Governor and Legislatire Council
ofthe Territory of Florida, That Wil!iam Ellis, be and
he is hereby vested with the right and no.-. ofestab
fishing a ferry, and charged with the L.o.y oi keepmn.
the same in good repair, across the Ocklockony river.
at or near where the old Tallahassee trail crosses the
:aid river, and the said William Ellis shall continue in
the enjoyment of the said right of ferry, for the space
often years ; Provided, he shall so long keep the said
ferry in repair.
Sec. 2. Be it further enacted, That it shall be un-
lawful for any other person or persons to establish or
keep a ferry, within two miles of this ferry, on said ri-
ver, by this act provided for; unless the same shall
be for his her or their own exclusive use and not for the
purpose of gathering toll,
Sec. 3. Be it further enacted, That it shall be the
duty of the said William Elis, his heirs, executors,
administrators and assigns, at all times to keep in good
repair a flat boat, or other craft of sufficient size to
carry across the said river at any time a loaded wag-
gon, and team, and that he the said Ellis, shall be
subject to such regulations as may be established by


William Elbsa
'eqle'd wit- ".,







Unlawful for
.rnv other per-
son.


Duty of William
Ellia, his heirs
&c. &c. to keep
in repair--regik.
nations prescri.-
bed by county
court...toll.














Repeal of so
much of former
act repugnant.


Governor to ap.
point auction-
eers in each
county.







Auctioneer to
execute bond-
penalty--excep-
0oon.


the county court of the county of Gadsden, and receive
toll agreeably to an order of said court, unless other-
wise provided for by the Legislative Council of this
Territory.
Sec. 4. .And be it further enacted, That so much of
an act to establish a ferry over the river Ocklockony
as militates against this actbe and the same is hereby
repealed.
Passed December 8th. 1825.

A. BELLAMY,
President of the Legislative Council.
SAML. FRY, Clerk.
LApproved December 9th 1825.]
WM. P. DUVAL,
Governor of the Territory of Florida



AN ACT

To provide, in part for raising a Revenue.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That there shall be ap-
pointed and commissioned, by his Excellency the Go-
vernor of this Territory, within each of the Counties
herein, one or more fit and discreet persons to act a5
auctioneer of all public sales at auction, except sales
under and by virtue of any execution at common lavw
or decree in Chancery.
Sec. 2. Beit further enacted, That every auction-
eer, shall, before he enters upon the duties of his office.
execute bond payable to the Governor, with two or
more good and sufficient securities, to be approved by
the Clerk of the County Court for the County in which
such auctioneer may reside, in the penalty of two
thousand dollars, conditioned to discharge the duties of
his said office, according to law, except in the County
of Monroe, in which County any such bond shall bi









with the penalty of ten thousand dollars, to be approve*
id by the Secretary of the Territory and filed with
him.
Sec. 3. Be it further enacted, That if any such auc-
tioneer shall, before executing bond as aforesaid, or if
any other person, who is not appointed auctioneer,
shall offer at public auction any goods, wares or
merchandize, or other commodity, not the growth or
production of this Territory, or some State or Territo-
ry within the United States, every such officer, or
every such other person, shall forfeit and pay the sum
af five hundred dollars for each and every offence of a
similar nature, which shall have been committed upon
different days ; the one half of said fine to the use of
any informer, and the other half for the use of this
Territory ; and every such forfeiture shall and may be
recovered by action of debt, commenced in the name
of any such informer for his own use and the use of the
Territory, before any Court of record havingjurisdic.
tion thereon.
Sec. 4. Be itfurther enacted, That upon all sales at
Public Auction by any commissioned auctioneer, it shall
be his duty within ten days after such sale, to render
to the Clerk of the County in which such auctioneer
shall reside, a faithful and true account of the amount
of the gross proceeds of such sale at public auction of
all goods, wares, merchandize, or other commodity,
not the growth or manufacture of this Territory, or of
.any other State or Territory in the United States, and
shall moreover retain in his hands out of the gross pro-
ceeds of every such sale as aforesaid, at public auction,
two per centum, to be applied to the use and for the
benefit of the Territory of Florida.
Sec. 5. Be itfurtherenacted, That it shall be the
duty of all clerks withwhom any auctioneer shall ren-
der any account, as by the foregoing section of this act
is required carefully to file and preserve the same in
his office, for the use of any person who may be en-
trusted by the government to settle with any such auc.
tioneer,


Fine for not en,-.
tering into
bonds.--mode of
rccovery.














Auctioneer ren-
der account
sales to clerk
per centum re-
tained.










Duty of clerks
thereupon.









Sec. 6. Be it further enacted, That it shall be the
Auctoneers to duty of each and every auctioneer who shall receive
account at cer- or retaiLn any money as a tax upon auctions, to the use
tain periods. and for the benefit of the Territory of Florida, to pay
the same over into the hands of the Treasurer of the
Territory annually, on or before the first day of No-
vember in each and every year, or quarterly if said
Treasurer shall demand payment so often.
Sec. 7. Be it further enacted, That if any auctioneer
shall be in possession of any money belonging to the
Territory by virtue of the foregoing sections of this
A.utioneer re- act, and shall fail or refuse to pay over the same, at
using- to pay the times and in the manner in this act prescribed, it
over---trc'asurer
o territory to shall be lawful for the Treasurer of the Territory to
enterjudgment. takejudgment against such auctioneer, and his securi-
proviso. ties, upon the bond hereinbefore required, by giving
him or them ten days written notice of an application
to any court of record for such judgment, upon motion,
and said judgment shall be- discharged by paying the
sum actually due to the Territory by such auctioneer,
and all costs of suit ; Provided however, that as often
as such auctioneer shall forfeit the condition of the
aforesaid bond, judgment shall and may be taken and
discharged, in the manner in this section authorized,
and one recovery on said bond shall be no bar to another
except for the same cause of action. *
ver centum of Sec. 8. Be it further enacted, That all auctioneers,
auctioneer. acting under and by virtue of this act shall be allowed
as commissions for sales at auction so by them and each
of them made, four per centilm upon the amount of
sales so actually made, exclusive of the tax of two per
centum for the Territory.
Sec. 9. .Jnd be it.further enacted, That this act shall
be in force from and after its passage.
Passed December 9th 1825.
A. BELLAMY,
President of the Legislative Council.
SAML. FRY, Clerk.
approvede d December 9th 1825.]
WM. P. DUVAL,
Qloverner of the Territory of Florida.









AN ACT


,pointng Commissioners to report on tle expediency oi open,
ing a canal tirao the Gul' of Mexico to the Atlantic Ocean.

Be it enacted by the Governor and Legislative Council
oF the Territory of Florida, That James Gadsden,
William H. Simmons and Edward R. Gibson, or a
majority of them, be commissioners to examine into
the expediency ofopening a canal from the waters of
:he Gulf of Mexico to those of the Atlantic by the
most advisable route through the Peninsula of Flori-
da, and that they report to the next Legislative Coun-
cil, on the consequences, practicability and probable
cost of the operation ; the extent of assistance that
may be derived from the General Government in aid of
the undertaking, and the terms on ii which private en-
terprise and capital may be enlisted in its execution.
Sec. 2. Be it further enacted, I'hat any monies ad-
vanced "ad interim" by individuals, and which shall
be received and disbursed by said Commissioners in
making the necessary examinations and surveys, shall
be considered a component part of a general stock of
a canal company, if it shall hereafter by the Legisla-
tive Council be deemed expedient to charter the
same.
Sec. 3. alnd be u jurther enacted, That said com-
missioners shall not be entitled to any compensation
for their services-
Passed December 7th 1825.
A. BELLAMY,
President of the Legislative Council.
SAML. FRY, Clerk.


Commissioner.
report practica-
bility--extent
of assistance.







Monies advan-
ced by individ-
uals.


[A.pproved December 8th 1825.]

WM. P. DUVAL,

Governor of the Territory of Florida.









AN ACT

For the relief of William F Murrhee.

Whereas it is represented to this present Legislative
Council, That Sarah Murrhee hasviolated her con-
jugal fidelity to her husband, William F. Murrhee,
who is a resident of Nassau County in this Territory,
in a most public and shameful manner : And whereas,
the said William F. Murrhee has, with a number of
the inhabitants of Nassau County, Florida, petitioned
to be divorced from his aforesaid wife : Therefore,
for the relief of the said William F. Murrhee.
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the marriage of Wil.
liam F. Murrhee aforesaid, with his wife Sarah Murr-
Marriage Xis- hee, be, and the same is, hereby dissolved ; and the
sol'vd said William F. Murrhee is hereby released from all
civil or moral obligation, to contribute any money or
thing to the support or maintenance of the said Sarah,
during their natural lives, or the natural life of either.
of them.
Passed December 8th 1825.
A. BELLAMY,
President of the Legislative Council-
SAML. FRY, Clerk.
LrIpprovcd December 9th 1825.]
WM. P. DUVAL,
Governor.of the Territory of Florida


AN ACT

To provide for holding terms of the Superior Court for the Cour.
ties of Alaclhu and Gadsden, and for other purposes.

Be it enacted by the Governor and Legislative Council
of the Territory nf Florida, That the Judge for the Su-
pericr Court for the Eastern District, shall hold a
court on the second Mondays of April and December









in every year, in the County of Alachua, and until the Alachua.
County seat of said County shall have been perma-
nently established, said terms shall be holden at the
house of Edward Dixon.

Sec. 2. Be it further enacted, That the Judge of Gadsden.
the Superior Court for the Middle District shall hold
a Court on the third Mondays of April and October in
every year, in the County of Gadsden, at the County
seat of said County.


Sec. 3. Be it further actede, That the Judge of
the Superior Court for the Western District of Flo-
rida, shall hold a court on the first Mondays in March
and September in each year,.in the County of Jack-
son, at the house of Mrs. Hull, until the public scite
shall be agreed on, and suitable buildings prepared;
Provided, that this section shall-not take effect until
the first of April next, and that such parts of law, as
are inconsistent with this section, be and the same are
hereby repealed.

Sec. 4. Be it further enacted, That the Judge for
the Eastern District shall, and he is hereby authorised
to appoint in said county of Alachua a clerk for said
court, and the Judge for-the Middle District shall,
and he is hereby authorised to appoint for said court
in Gadsden County, a clerk : said clerks shall give
bonds respectively in the sum of two thousand dollars,
with security to be approved by the respective judges,
conditioned for the faithful performance of their du-
ties.
Sec. 5. Be it further enacted, That so much of the
seventh section of an act providing for holding terms
of the Superior Court for the Counties therein men-
tioned, approved December the thirtieth, one thou-
sand eight hundred and twenty-four, as gives jurisdic-
tion to the Superior Court for the Eastern District,
while sitting in St. Augustine, in all cases arising in
said County of Alachua, and authorises the issuing of
writs and process to run in said County, and the exe-
I


Jackson---pro-
viso.







Clerks in Ala.
chua. ditto in
Gadsden, clerks
to give bonds.








Repeal oFso
much of act as
gives jurisdic-
to superior
court over Ala.
chua while sit-
ing at St. Au-
gustine.














Lscarbia, Jack-
son and St.
5ohns superior
courts--aurk-
tiojl of tcrwss


caution of the same by the Executive Officer of said
Court in St. Augustine, be and the same is hereby re-
pealed.
Sec. 6. Be it further enacted, That the Superior
Courts for the Counties ofEscambia, Jackson and St.
Johns, shall each hold their said terms, and every of
them, for and during two weeks at each term, if the
business shall so long require, and no longer, that other
terms in each and every of the Counties in this Terri-
tory, where by law any term or terms of said Superi-
or Courts, or either of them are required to be held,
the said terms shall continue for the term of one week
each, if the business therein so long require, and no
longer.
Sec. 7. Be it further enacted, That the eighth sec-
tion of the above recited act be, and the same ishere-
by repealed.
Passed December 9th IS25.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk,
[J approved December 9th 1825. 1
WM. P. DUVAL,
Governor of the Territory of Florida









AN ACT


So provide for the establishment of a County Seat in the County
of Jackson.

Whereas, considerable expense has been incurred
by the inhabitants of Jackson County, in laying off and
establishing a County Seat, in pursuance of a location
made by the Commissioners appointed for that pur-
pose, and whereas, much inconvenience and great ob-
struction to the due administration of justice, has a-
risen to the citizens of said County, by the subsequent
and different location of a seat of justice for the coun-
ty, by the same commissioners, therefore
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the County Court of
Jackson County, be, and is hereby authorized, at its
first session after the passage of this act, to order an
election in said county for commissioners to select a
seat ofjustice for said' county, and that the place
chosen by the said commissioners shall be the perma-
nent'seat of justice of said county ; Provided, That
twenty days notice of said election shall be given, by
posting at three of the most public places in the coun-
ty.
Sec. 2. ind be it further enacted, That any for-
mer selections of a County seat, and all other acts of
the said County Court or Commissioners by them ap-
pointed, which are inc6fsistent with the provisions of
this act, be and the same are hereby repealed.
Passed December 9th 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk.
[.Approved December 9th 1825.]
WM. P. DUVAL.
Governor of the Territory of Florida.


Preamble.







County court
to order elec-
tion ofcammis-
sioners, twenty
days notice.




Former selec-
tions of county
notannulleds


















Boundaries-
iame and style
---duration of----










Government of
city in whom




Powers ofinten-
dant.



Powers ofCoun-
cil


AN ACT

To incorporate the City of Tallahassee.

Be it enacted by the Governor and Legislative Council
of the Territory (f Florida, That all the free white
male inhabitants over the age of twenty-one years,
comprehended within the south east quarter of section
thirty-six, township one, range one, north of the basis
parallel, and west of the Meridian, in the county of
Leon and District of Middle Florida ; and two hun-
dred feet outside of the said boundary line, and their
successors, be and remain, for the term of five years
from the first dy of January, one thousand eight hun-
dred and twenty-six, a body corporate by the name
and style of the City of Tallahassee ; and by their cor-
porate name may sue and be sued, implead and be im-
pleaded, and do all other acts as natural persons, and
may purchase and hold real, personal and mixed pro-
perty, or dispose of the same for the benefit of the
said city.
See. 2. Be it further enacted, That the government of
the said city shall be vested in a City Council com-
posed of an intendant and five councilmen, each of
whom shall have the qualification of having resided
six months within the limits aforesaid in order to fill
either of the said offices.
Sec. 3. Be it further enacted, That the Intendant
shall have and exercise all the duties and may receive
the fees of a justice of the peace.
Sec. 4. Be it further enacted, That the said City
Council shall have full power and authority to prevent
and remove nuisances ; to license and regulate auc-
tioneers and auctions, retailers of goods and liquors,
aid taverns : to restrain or prohibit all sorts of gam-
ing ; tolicense and regulate theatrical and other pub-
lic amusements ; to establish and regulate markets ;
to direct the safe keeping of the standard of weights
and measures appointed by Congress ; to provide and
regulate burial grounds out of the said limits for the









ise of the said City ; to sink wells and erect and re-
.air pumps in the streets and public squares ; to e-
rect and repair market houses and public scales on a-
Iy of the public squares, except the capitol square;
to establish and regulate Patrols; to regulate the
storing of gun powder, to tax and license hawkers and
pedlars ; to restrain and prohibit tippling houses and
lotteries ;. to provide for the establishment of public
schools and superintendance of the same ; and to re-
strain and punish vagabonds and disorderly persons,
and the disorderly conduct of negroes and persons of
colour.
Sec. 5. Be it further enacted, That the said City
Council shall have power to levy a tax for the pur-
poses recited in the preceding section of this act, in
such manner and under such circumstances as the said
council shall conceive least burthensome to the citi-
zens, and to provide for the collection thereof: Pro-
vided, That no tax shall be imposed on real property
at any higher rate than one quarter of one per cent. on
the assessed value of the same, and shall have power
to make and pass all such ordinances, and to impose
such fines and penalties for infringement thereof or
non-compliance therewith, as shall to the said City
Council seem necessary to give effect and operation to
the powers and regulations, to the duties herein and
hereby given and imposed, to and upon, the said corpo-
ration or City Council; any law of this Territory to
the contrary notwithstanding : And provided. That
the said ordinances and rules shall be signed by the
Intendant and attested by the Clerk, and that no ordi-
nance shall be passed granting any salary, pay, or al-
lowance, to the said Intendant or Councilmen or to ei-
ther of them.
Sec. 6. Be it further enacted, That the said City
Council'shall have power to compel the attendance of
its members, and tojudge of the election returns and
qualifications of its own members, excepting the In-
tendant, and the yeas and nays on any question shall, at
the request of any two members, be placed on record.


Tax---proviso---
further proviso,
no salary.


















Council judge of
election returns
and qualifica-
tions---yeas and
nays.















council elect
treasurer, clerk
&C ---salaries of
---expel a mem-
ber.



Council to keep
records of' pro-
ceedings etc----
promulgate
same---





Meetings to be
public---inten-
dant president
of board, ab-
sence &c. of---
countcil appoint
one of thici
nuinmer.




QuorurE.



'[rcasurer to
give statement
of receipts &'c.
tbu, times a
"P '


Sec. 7. Be ji frthiEr enacted, That the said city coun-
cil shall have power to elect a treasurer, clerk and
such other officers as to the said city council may
seem necessary to give effect to the powers and regu-
lations, to the duties by this act given to, or imposed
upon the said city council, and to determine the sala-
ries of the said officers, and the same to dismiss at plea-
sure, and a majority of three fifths of said councilmen
may expel a member of the said Council for disorder-
ly behaviour or mal conduct in office.
Sec. 8. Be it further enacted, That it shall be the
duty of the said city council to cause to be kept regu-
lar records of their proceedings and of their ordinan-
ces, rules and regulations, and they shall promulgate
their ordinances without unnecessary delay, by post-
ing the same at the common marketplace, on the capi-
toi, or at the door of the council room, or in the news-
papers if any there be printed in said city, so that the
same be exposed to the public view at least four
weeks.
Sec. 9. Be it further enacted, That it shall be the
duty of the said City Council, to hold their meetings
in public, and at such times as to the said Council
may seem fit ; and the Intendant shall be president of
the board, and in the absence or disability of the In-
tendant, a majority ofthe Council may, on any occa-
sion, appoint from among their number an Intendant.
who shall have power, pro temporc, to do the duties of
Intendant.
Sec. 10. Be it further enacted, That four of the
number of said Intendant and councilmen may form a
quorum for the transaction of business.
Sec. 11. Be it further enacted, That it shall be the
duty of the said City Council to exact from the Trea-
surer, at least four times in each calendar year, a
statement of the receipts and of the expenditures of
monies, and of the sums of money due to and from the
said corporation, and to certify the same to be correct,
if on examination such statement is found to admit of
Eilch certificate.









Sec. 12 Be it further enacted, That it shall be the
duty of the said Intendant, to see that the ordinances
of the said Council are duly-executed ; and to call a
meeting of the councilmen when in his opinion tile
public good may require it ; and he shall lay before
the council from time to time, in writing, such propo-
sitions as he may deem advisable for the welfare of the
said corporation ; and the said city council shall have
power to adjourn from time to time.
Sec. 13. Be it further enacted, That the said Inten-
dant shall, within five days after his election, take
oath or solemn affirmation, before any Judge or Jus-
stice of the peace of this Territory, that he will, to the
utmost of his power, support, advance and defend, the
interest, peace, and good order, of the City of Talla-
hassee, and faithfully and diligently discharge the du-
ties of Intendant of the said city, during his continu-
ance in office, and that he will support the constitution
of the United States. And he shall within the afore-
said time of five days after the election, convene the
councilmen elect, and administer to each of them an
oath or affirmation, similar to that taken by himself.

Sec. 14. Be it further enacted, That the Treasurer
shall receive all monies due and owing to the said cor-
poration, and he shall keep an accurate account of the
same, and all money paid out for, or on account of said
corporation, shall be paid by the Treasurer, on an or-
der of the Council attested by the clerk, and counter-
signed by the Intendant.
Sec. 15. Be itfurther enacted, That the first elec-
tion for Intendant and councilmen, shall take place on
the first Monday in January next, and each succeeding
election shall be held on the first Monday of January
every year ; and the said elections shall be held
under the inspection and superintendance of three
inspectors, who shall be judicious and discreet
persons, and the votes shall be given by ballot ;
but no judge of the election shall be qualified to
rnn for the office of Intendant or city councilmen.


Dlulv of iihcn
(L II.







Oath ofintenl.
tlant...oath of
coUncilimen.


Duty of treasu-
rer.







First election-
time ot---thrlce
inspectors---pro.
v'iU.















Duty of inspec-
tors--polls-.-i n-
spectors to re-
cord persons e-
]cctcd, and give
notice,









Inspectors to
give notice tv.wo
weeks ofelec-
rion---how-.







Intendant not
able to perform
requiring duties
---new election; .



Names of in-
spcctors---to
hold a re-lec-
tion in certain
"aSCs.


or shall be eligible to said offices or either of them,
at the time he is so juage of the election.
Sec. 16. Be it further enacted; That it shall be the
duty of the said Inspectors, or any two of them, to re-
ceive the votes, and to cause the name of every voter
tobe taken down and inscribed in a book to be kept
for that purpose, and to cause the poll to be held at
such place as they or any two of them may deem pro-
per ; and to be opened and continue open from nine
o'clock in the morning until five in the evening, when
the ballots shall be told, and the name of the person
having the greatest number of votes for intendant shall
be declared, and the names of the persons having the
greatest number of votes for councilmen, shall be de-
clared ; and the names of the said intendant and coun-
cilmen elect shall be recorded, and notice of their e-
lection given to each of them.
Sec. 17. Be it further enacted, That it shall be the
duty of the said city council, at least two weeks pre-
viously to the day appointed for election, to appoint
the inspectors of election by this act required, and to
notify lthem of such appointment, and the said inspec-
tors shall give public notice, within three days thereaf-
ter, by posting up at the market, and three different
places, of the time and place of such election.
Sec. 18. Be it further enacted, That if by reason of
the refusal, absence, or other unavoidable casualty,
the Intendant elect shall be prevented from perform-
ing the organizing duties by this act required, it shall
in such case be the duty of the Intendant in office to
cause a new election to be held by the same inspect-
ors, who shall forthwith give at least one weeks no-
tice of the same, and hold another election for Inten-
dant, conformably to this regulation.
Sec. 19. Be it further enacted, That William Ca-
meron, Alien W. Coleman, and William Wyatt be,
and they are hereby appointed, inspectors, to super-
intend the election for Intendant and councilmen for
the said city, on the first Monday in January next ; and
they or any two of them may do the duties of superin-
tending required, and in the event of the occurrence









It' any of the casualties contemplated by this act, to
prevent the organization of the said city council, they
ir any two of them are hereby authorized to hold a
re-election for Intendant.
Sec. 20. Atnd be it further enacted, That every
white male inhabitant of the age of twenty-one years
or upwards, who shall have resided three months
within the limits above described, and every white
male person who shall have resided six months within
the county of Leon, and one month in the city of Talla-
hassee, shall be entitled to vote for Intendant and
councilmen for the said corporation.
Passed December 5th 1825.
A. BELLAMY,
President of the Legislative Council,
SAML. FRY, Clerk.
[.Approved December 9th 1825.]
WM. P. DUVAL,
Governor of the Territory of Florida.

AN ACT
Amending the act regulatiing the mode of suing oat wr;ts of error
and prosecuting appeals in the Court of Appeals of the Ter-
ritory of Florida, approved December 13th, 1824.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That no final judgment,
sentence or decree, rendered by any of the Superior
courts of this Territory, shall be appealed from, to the
court of appeals, unless the party wishing such appeal
shall, by himself, herself or themselves, or by his, her
or their attorney, pray an appeal in open court, within
six days after the rendition of such final judgment,
sentence or decree, so sought to he appealed from.
Sec. 2. Be it further enacted, That at the time such
appeal is prayed, it shall be the duty of the party pray-
ing such appeal to offer for the approval of the court
good and sufficient sureties to enter with such appel-
lant, upon a recognizance, conditioned as is prescrib-
ed by the second section of the act to which this is an
amendment, and the said court shall in their discre-
K


Voters.


No appeal after
six days--open
court.




Appellant offer
good security.-

















Time extended
to infanits &c.










'at't of fo57
act rerL 0-







-I apPC215


tion give to such appellant any time not exceeding
sixty days, in which, with his, her or their sureties as
aforesaid, to execute the said recognizance in the
clerks office of the court, from which such appeal is
prayed, whose duty it shall be to take all recogni-
zances under the foregoing provisions of this act.
Sec. 3. Be it further enacted, That nothing in the
tenth section of the act to which this is an amendment,
shall be construed to extend to cases where any in-
fant, feme covert, or person non compos mentis shall
be a party but in all cases where any infant, feme co-
vert or person, non compos mentis shall be a party
to any judgment in a civil action, two years shall
be allowed to such infant, feme covert or person
non compos mentis, after their respective disabilities
are removed, in which to sue out his, her or their
writ of error on any judgment as aforesaid.
Sec. 4. Be itfurther enacted, That so much of the
act to which this is an amendment, as is inconsistent
with the provisions of this act and no further, be and
ijt same is hereby repealed; Provided however,
I hat any appeal taken before the first day of March
next, in pursuance of the provisions of the before
recited act, shall be tried in the same manner, and
the form and manner of taking and preparing any such
appeal, shall be as valid and effectual in law as if this
act had never passed.
Sec. 5. JAnd be it further enacted, That if from any
cause the court of appeals shall not be held at any
time prescribed by law, all causes regularly depend-
ing in said court, shall stand continued upon the dock-
et of said court of appeals until said court shall hold a
session.
Passed December 9th 1825.
A. BELLAMY,
President of the Legislative Council
SAML. FRY, Clerk.
[AJpproved December 9th 1825.]
WM. P. DUVAL,
Governor of the Territory of Florida









AN ACT

Co alter the time of holding the Superior Court in Gadsden
County.

Be it enacted by the Governor and Legislative Council
ofthe Territory of Florida, That so much of the second
section of an act, entitled "An Act to provide for hol-
ding terms of the Superior Court in the counties of
Alachua and Gadsden, as requires a court to be held
on the third monday Ih April in Gadsden county, be,
repealed, and the said court shall be held on the third
monday in March in each and every year.
Passed Deember 10th. 1825.

A. BELLAMY,
President of the Legislative Counil.
SAML. FRY, Clerk.
[ approved December 10th 1825.]
WM. P. DUVAL,
Governor of the Territory of Florida



AN ACT
To establish a ferry over the river Okelockony.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That Drury Vickers, be
and he is hereby vested with the right and power of
establishing a ferry and charged with the duty of keep-
ing the same in repair across the Okelockony, at the
place where the road leading from Tallahassee to the
Georgia line crosses said river, and the said Drury
Vickers shall continue in the enjoyment of the right of
said ferry, for and during the term of ten years ; Pro-
vided the said Vickers shall so long keep the said fer-
ry in good repair.
Sec. 2. Be it further enacted, That it shall be unlaw-
ful for any other person or persons to establish or keep


Gadsdcn county
---superior court
time of holding.


Drury Vickers---
ten years.









Unlawful for a ferry within two miles of said ferry on the river Oke-
aiy other, lockony except it be for his, her or their own use and
not for the purpose of gathering tell.
Sec. 3. .Jnd be it further enacted, That it shall be
the duty of the said Drury Vickers, his heirs and as-
signs, to keep at all times a good and sufficient flat or
Good and suf(l- other craft of sufficient size, to cross a waggon and
citnt flat or oth- team, and that he shall receive such toll as may be
cr craft. fixed by the county court of Leon County, and be sub-
ject to the order of said court, or any future Legisla-
tive Council of this Territory. "
Passed December 9th 1825.
A. BELLAMY,
President of the Legislative Council.
SAML. FRY, Clerk.
[L.pprovcd December 10th 1825.1
WM. P. DUVAL,
Governor of the Territory of Florida



AN ACT

To authorise the collection of certain money due to the Territo;:
of Florida

Whereas it is represented to this present Legislative
Hreamble. Council, that considerable sums of money are due and
owing to this Territory, for and on account of sales of
wrecked property sold at Key West in this Territory,
and whereas, some doubts are entertained as to the
proper means of demanding and recovering the same,
for remedy thereof,
Be it enacted by the -Governor and Legislative Council
of the Territory of Florida, That it shall be the duty
of the Treasurer of this Territory to .repair to Key
West or to any or all other places necessary within
this Territory, for the collection of the said money
and if the said Treasurer shall neglect or refuse so to
do, it shall and may be lawful for the Governor of this
Territory, to appoint and commission some suitable









person as collector, who shall '!ve bond with sufficient
:ecur'tv in tlie penalty of tea ti- ..;,: dcoliars to be
approved by the Socreiary of this Territory condition-
ed for the faithful performance of his duties ; whcse
duty it shall be, to repair to the aforesaid port of Key
West, or to any or ail other places necessary within
this Territory, which said person so appointed and
commissioned collector, by virtue of said appointment
shall have power in the name of the Governor of Flor-
ida, for and on halff of the Territorv of Florida, to
demand, receive and receipt for, from any person so
having any momey belonging to this Territory, all and
every part ard parcel thereof, and shall moreover be
invested with power to inspect all accounts, papers,
books or records which shall, or may be exhibited to
him, by which can be ascertained the sum or sums so
due and owing as aforesaid, and shall moreover have
power finally to settle with all and every person or
persons against whom this Territory shall have any
claim or demand upon the account or in the manner
herein before expressed in any way which shall appear
to said collector reasonable and just.
Sec. 2. Be it further enacted, That if any person
against whom this Territory hath any claim as is here-
in before expressed, shall fail to exhibit to such collet-
or, upon application, a fair account of all sums of mon-
ey collected by any such person, or shall refuse or
neglect to pay over to said collector all such sums of
money upon application, then it shall be lawful for
such collector to commence suit in any court having
jurisdiction thereof in this Territory, against any such
person ; and the style of any such suit or suits shall be
"the Governor of Florida for the use of the Territory
plaintiff against A. B. defendant."
Sec. 3. Be it further enacted,That said collector
shall of right, in any such cause, require bail to any a-
mount which he shall believe probably due, without
any oath or affidavit to justify his order for bail.
Sec. 4. jnd be it further enacted, That all acts or
parts of acts repugnant to the provisions of this act, be,


T"reniurrer of ter-
ri' I'v to ret air
to Key Wet---
serretarv refu-
sing---o% errnor
to t1ppoiItt--- d".
ty of collector-
power to in-
speCt accountsz
t3 ';Ctfla.











Perons faitiig
to exo'bit --coi-
lector to coni-
mence suit.









oIletor shall
ijire bati.
rcq





























Clerk to make
out list of free
white male in-
habitants---time
when.




Venire facia~
contain namusof
Jurors to be
iummoned--
sheriff attend at
clerks office.




Clerk ofsupe-
rior courts.


and the same are hereby repealed. This act shall be
in force from and after its passage.
Passed December 10th 1825.
A. BELLAMY,
President of the Legislative Council.
SAML. FRY, Clerk.
approvede d December 10th 1825.1
WM. P. DUVAL,
Governor of the Territory of Florida.



AN ACT

To alter and amend an act establishing the mode of summoning
grand and Petit Jurors.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the clerks of the
county courts of the several counties of this Territory,
shall make out a list of all the free white male taxa-
ble inhabitants of their respective counties, which
said list shall be taken from the latest tax returns of
said counties, respectively, at least five weeks before
each and every return of said county.
Sec. 2. Be it further enacted, That all the writs of
venire facias authorised by the act to which this is an
amendment shall hereafter contain the names of the
Jurors to be summoned, which said names shall be ta-
ken by lot from the list mentioned in the foregoing
sections of this act, according to the most convenient
mode by the clerk ofsaid county, assisted by the sher-
iff of the county, who shall for that purpose attend at
the clerks office at least one month before the first day
of said court.
Sec. 3. Be it further enacted, 1'hat the clerks of
the superior courts of the several districts and coun-
ties of this Territory, shall also make out their writs of
venire facias for grand as well as petit jurors in like
manner, as by this act provided in relation to the sum-









iouomne of Jurors in the county courts ; proved, that
i:is act shall not be construed to alter or repeal the
ict entitled "an act relative to Jurors in certain coun-
ties," passed 30th December 1824.
Sec. 4. Be it further enacted, That if from any cause
. grand or petit Jury shall not be summoned or shall
not attend at the term of any court in this Territory,
it shall be lawful for such court to order its executive
officer to summon or till up as the case may require, a
grand or petit jury, out of the persons qualified by
:aw as jurors in such court, and the said court, shall
and may proceed as if such grand or petit jury had
been summoned in any other manner prescribed by
law.
Sec. 5. Be it further enacted, That this act shall be
in force from and after the first day of February next,
and that so much of the act to which this is an amend-
ment as is repugnant to this act, and no further be and
ihe same is hereby repealed.
Passed December 10th 1825.
A. BELLAMY,
President of the Legislative Council.
SAML. FRY, Clerk.
[dlpprorcd December 10th 1825.1
WM. P. DUVAL,
Governor of the Territory of Florida.


Jurors not at.
tending, court
to order per-
sons qualified.







commencement
of this act.


AN ACT

.'o mniend an act to define crimes and misdemeanors, and to pre
scribe punishments for the same.

Be it enacted by the Governor and Legislative Council
ff the Territory of Florida, That it shall be lawful for
each and every person, charged with any high crime Challenge.
and misdemeanor, and who shall be put upon trial by
jury, to challenge fifteen jurors, peremptorily and
without assigning any cause, and as many for good cause
tIs can be shewn.









Stc. 2. Be it nUrttei'enacted, That the judges in this
Territory shall give no instruction to the jury in any
instruction case either civil or criminal, except in points of law,
.ury- error in and it shall be taken and considered error in any judge,
ceLtaincases. who shall violate this section of this act.
Sec.. 3 Be it further enacted, That whenever any
person or persons shall be convicted of any of the
crimes and misdemeanors set forth in the above recited
inry tofix pun- act, and discretionary punishments have been affixed
ishmen' in cer- to the same, it shall be the duty of thejury that con-
tain cases. demons, to exercise such discretionary powers, and
affix the punishments agreably to the provisions of
said act.
Sec. 41. Be it further enacted, That so much of said
Part of former act as gives and vests in the court, any discretionary
act repeal-J, powers, t.o i':flict fines or other punishments, be and
commencement the same is hercbl, epcaled ; this act to commence
.If this act. '
and be in furce from and after the first day of March
ne-1i.
o.-e. 5. Be it ftr-iher enacted, That if any free per-
son of color or slave shall be found huntin by firelieht
out sidle cf his i;ncios!re or the inclosure of his owner
I-res person Or or master :he or t-;. shall be whipped, not exceeding
ha Oin.-pu tiir"-' stripes, at l,- discretioii of any court, having
isnmnent. competent jurisdiction.
Ses-. G. Be it furihr enactc. That whenever any
complaint shall be made to, or information on oath be-
')re any stice he peace, of any offence being com-
Sfi itted ,my i 'lrhe'ersora of colcur, or slave, or slaves
'mpaithin the county wrheie such justice is empowered
iornat o1 of.- to art, such justice shall, by warrant from under hir
hand causdsuch slave or slaves to be brought before
" ridT.,e ... him, and give notice lhe-eof in writing to any two or
lo'r-.Jstice t- more of the nearest justices of the peace of said county
g ive: ree da.A
not-r" to o:her to associate with him on a particular day in said notice
,lu ces--]>p,. specilfed not exceecdi~.g three days from the date of
i~-entof---pio- said notice, for the trial of such free person of colour
or slave or slaves. p:il thejustices so assembled, shall
forthwith proceed' t', the examination ofany witness or
-itansse s aind other ev-ide;.ce, if any there be. and ij









ase the offender shall be convicted of any crime not
capital, the said justices or a majority of them shall
give judgment for inflicting any corporal punishment,
not exceeding thirty stripes, and also to givejudgment
against the owner or owners of such slave or slaves,
for all costs and damages which shall appear to be
done by said slave or slaves; Provided nevertheless,
that in all cases before the trial of such slave or
slaves, notice shall be given to the owner or owners
of such slave or slaves of the crime accused of, and
the day of the trial.
Sec. 7. Be it further enacted, That whenever the
offence shall appear to be of a capitalnature, the said
justice shall commit such free person ofcolour or slave
or slaves to the Judge of the superior court of the dis-
trict, whose duty it shall be to cause ajury of twelve
free white housholders of said county, to appear at the
court house of said county, within ten days or as soon
thereafter as may be from the date of said commit-
ment, and to empannel a jury, and hear and determine
agreeably to the evidence introduced by the parties.
Sec. 8. ./nd be it further enacted, That whenever
such free person of colour, or slave, or slaves shall be
found guilty by saidjury, the judge of the superior
court shall proceed to pass sentence and cause execu-
tion to be done accordingly; Provided always, that a
bare attempt to commit a rape shall be punished by
death, or such punishment as the court may direct; all
other capital crimes shall be punished agreeably to the
penal laws of this Territory, any law to the contrary
notwithstanding.
Passed December 10th 1825.
A. BELLAMY,
President of the Legislative Council.
SAML. FRY, Clerk.
S[approved December 10th 1825.1
WM. P. DUVAL,.
Governor of the Territory of Florida.
L


Offinces of.9
capital nature-
to be fixed ; y
Judge (it suIe-
nor court sLunb
Only.







Judge to puO
sentence-exe-
cution proyiso-
rape.





































governor make
re pairs out of
tast years rent
gf fort.


AN ACT

In addition to "An Act to incorporate the City of Pensacola, and
improve the public roads in the neigboihoud thereof.
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the fifteenth section
of the act to which this is an amendment, be and the
tame is hereby repealed.

Passed December-10th 1825.

A. BELLAMY,

President of the Legislative Council.

SAML. FRY, Clerk.

approveded December 10th 1825.1
WM. P. DUVAL,
Governor of the Territory of Florida.



AN AC T

Making an appropriation for the repairing of the buildings ai
Fort St. Marks, and for other purposes.
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the Governor make
all such repairs, as to him shall seem necessary, on
the buildings at Fort St. Marks, out of the fund which
may arise from the rent thereof, and after such repairs
the rest and residue of the amount which has accrued
from the last year's rent, shall be appropriated to the
repairs of the road to the extent of three miles, com-
mencing at said Fort St. Marks leading to the city of
Tallahassee.
Sec. 2. And be it further enacted, That the Gov.
ernor is further authorised to appoint a commissioner
to superintend and carry into effect the provisions oc









,he toreroing section, said commissioner to have sucA
compensation out of th' aforesaid funds, as the Gov-
,rnor may deem equitable and just,
Passed December 9th 1S25.
A. BELLAMY,
President of the Legislative Council.
iAML. FRY, Clerk.
[Approved December 9th 1825.]
WM. P. DUVAL,
Governor of the Territory of Florida.

AN ACT

To alter ann change the hol!ln" of County Courts in the County
of Walton and for other purposes.
Be it enacted by the Governor and Legislative Council
of the Teritory of Florida, That from and after the
passage of this act, the county courts of Walton shall
be held at the house of William Baley, on the west
aide of the chocktawhatchie river on the head of ala-
qua creek, until otherwise provided for by law.
Sec. 2. Be it further enacted, That there shall be
held, a county court in the county of Washington, on
the fourth monday of April and November, and until
the county scite shall have been permanently estab-
lished, said court shall hold its sessions at the house
of William M. Lofti'i. until otherwise provided for.
Sec. 3. and be it further enacted. That so much of
the act to designate the times and places for holding
county courts in the Territory of Florida, approved
29 December 1824, as relates to the holding county
courts in the county of Walton be, and the same is
hereby repealed.
Passed December 10th 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk.
[.Approved December 10th 1825.]
WM. P. DUVAL.
Gdoernor of the Territory of Flerida.


Walton county.




Vashington
county.






Repeal of part
of former act














Associate Judge
to be abolished
.-.presidkng







Sustices of thr.
peacc-Proviso.













Fees of Judge.


AN AC T
To alter and amend "An Act to regulate the Counties and estab.
lith County Courts in the Territory of Florid.
Be it enacted by the Governor and Legislative Co.uncil
of the Territory of Florida, That from and after the
passage of this act, the office of associate Judge to the
County Court be and the same is hereby abolished;
and the presiding Judge of the county courts respec-
tively, is hereby authorised and required to perform
all the duties prescribed by the act, to which this is
an amendment, which by said act are required to be
performed by the said Judge in conjunction with the
said associate or assistant Judges.
Sec. 2. Be it further enacted, That the Justices of
the peace in each and every of the counties of thit
Territory, shall be associated with the Judge of their
respective county courts, for the performance of all
business required by the Eighth and ninth sections of
the act to which this is an amendment, Provided, if
the said Judge shall not attend at any regular term of
his court, as in said act is required, that the said Jus-
tices shall proceed without him, if a majority of all in
the county shall be present, at any term. or if the said
Judge shall be present at any term in said act requir-
ed-andauthorised, he shall be authorised to progress
with county business in the aforesaid sections designa-
ted, any two or more of said Justices being present
and associated with him for that purpose-
Sec. 3. Be it further enacted, That upon all case
of appeal, or of probate of any will, orgranting letters
of administration upon intetate Estates, or upon all o-
riginal cases brought in the county court, the party
applying to the court shall pay to the Judge of the
county court, four dollars for his fees in such case, at
or before any decision thereon shall be rendered;
which said sum in case of recovery and execution shall
be taxed as part of the costs, or in case of probate of
any will, or granting letters of administration shall be
allowed to any executor or administrator paying~ thb-
same in his settlement of said trust.









Sec. 4. Be it further enacted, That said Judge of
Ae county court, be and he is hereby authorised, on
petition being made, to order notices to be given for
appearances at the next term of the court, in all cases
where notices may be necessary, and also to appoint
during vacation, guardians to orphans, which appoint-
ment shall be subject to the approval or diapproval
9f the court at the next term.
Sec. 5. Be it further enacted, That it shall be the
,luty of the Judge of said court to hold two additional
terms in the year, solely for probate business.
Sec. 6. Be it further enacted, That the Office of
Tudge of the county court shall not be deemed a dis-
qualification to practice Law in the Superior Courts,
except in cases of appeal or error from the court in
which said Judge shall preside, to the superior court;
and appeals, and writs of error, shall be taken from
the county to the superior court, in the same manner,
and under the same restrictions, as are imposed in the
cases respectively, when appeals or writs of error are
taken from the superior court to the court of appeals.
Sec. 7. aind be it further enacted, That so much of
the act to which this is an amendment as is inconsistent
with the provisions herein contained, and no further,
i'e and the same is hereby repealed.
Passed December 9th 1825.
A. BELLAMY.
President of the Legislative Council.
SAML. FRY, Clerk,
[ approved December 1Oth 1825. J
WM. P. DUVAL,
Governor of the Territory of Florida.

AN ACT
Supplementary to an act entitled "an act to alter and amend in
act to regulate the Counties and establish County Courts in the
Territory of Florida."
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, .That at the two additional
terms of the County Courts for each county, to do pro-


:Thtie.--gtm'-











Omce of 3itd(i
1".) (h~sualfaih a
on to practice
In supei ior
coulrt; oxcep.
tion.



Repeal of for.
mr arct.









Adc;tionad
terms --- prohbrte
hu SlU CsS --..C 0ILI.
ty business t.-
gether With two
Jasticefl.



Additional
terlns---tinc o'--
oditf'crer"t















A~i 1riic'merk
to'r lettei~s ncs(


bate business, that two or more Justices being present
and associated with said Judge, shall proceed to road
and county business, any law to the contrary notwith-
standing.
Sec. 2. Be it further enacted, That the said additi-
onal terms of said county courts in each and every
year, shall be held at the times herein after stated,
that is to say. In the county of St. John's on the sec-
ond Monday in March and first monday in September;
In Duval county on the second mondays in June and
January; in Alachua county on the third monday in
June and January ; in Nassau county on the fourth
mondays in June and January ; in Mosquito county on
the first mondays in July and January ; in Monroe coun-
ty on the first mondays in August and February ; in
Leon County on the first mondays in June and January
in Gadsden County on the second mondays in June and
January ; in; Escambia county on the third monday in
May and first monday in August; in Walton county on
the second monday in June and November; in the coun-
ty of Jackson on the third monday in July and January ;
and in the County of Washington on the first monday
of July and November.
Sec. 3. .nd be it further enacted, That so much of
anv law as requires advertisement in any newspaper to
authorise said courts to take Jurisdiction of any ap-
plication for letters of administration upon any intes-
tate estate, or letters of probate on any will, be. and
the same is hereby repealed, and such notice may be
given by posting at the Courthouse of the County.
Passed December 10th, 1825.
A. BELLAMY,
President ofthe Legislative Council.
.AML. FRY, Clerk.
[inpproved December 10th 1825.]
WM. P. DUVAL,
Governor of the Territory of Florida









AN ACT
'o provide for the compensation of the officers of the present
Legislative Council.
Be it enacted by the Governor and Legislative Council
*:/ the Territory of Florida, That the following sums be
allowed to the Clerks and other officers of this Coun-
cil as a Compensation for their services, viz : -
To Samuel Fry, Chief Clerk two hundred dollars.
To George E. Tingle, enrolling and engrossing Clerk
one hundred and sixty six dollars thirty seven cents.
To George T. Ward, enrolling and engrossingclerk
one hundred and fifty-nine dollars twelve cents.
To Paul Mc Cormick, enrolling and engrossing clerk
one hundred and eighty dollars.
To John H. Lawrence, enrolling and engrossing clerk
one hundred and fifty-nine dollars seventy live cents.
To Joseph R. Lane, Sergeant at arms, ninety-live
dollars.
To Albert Philips, Door Keeper seventy-five dollars
Sec. 2. And be it further enacted, That the Gov-
ernor of this Territory be, and he is hereby authorized
to cause to be audited the accounts for stationary and
other contingent expenses incurred for the use of the
Legislative Council.
Passed Deember 10th. 1825.

A. BELLAMY,
President of the Legislative Cotnil.
SAML. FRY, Clerk.
[.Ipproved December 10th 1825.]
WM. P. DUVAL,
Governor of the Territory of Florida









RESOLVED,
By the Legislative Council. of the Territory of Floride
That the Territorial attorney of the middle District
of said Territory, do in the name and on behalf of the
Territory enter a rule in the Superior Court for the
Middle District of Florida at Tallahassee, against the-
Honorable George Walton, Secretary of this Territo-
ry, to shew cause why a peremptory mandamus shall
not be awarded against him to compel him to receive
in his office, and deposit among the rolls thereof, two
several acts of this Territory ; the one entitled "an
act to incorporate.a Bank in the City of St. Augustine,
and the other an act to incorporate a Bank in the City
of Pensacola, which said acts have been passed at this
present session of the Legislative Council, according
to the powers vested in this Legislative Council by
the act of Congress organizing it.
Adopted December 9th. 1825.
A. BELLAMY,
President of the Legislative Council.
SAML. FRY, Clerk.

RESOLVED UJ'~JV'IMOUSLY,
That the GOVERNOR be requested to communicate
to GENERAL LA FAYETTE, the expressions of rever-
ence and affection of the Legislative Council, and of
the people of this Territory, as well for his high and
venerable character, as for his inestimable services,
rendered to the United States, during their revolu-
tionary struggle ; to invite him to visit the Territory;
and if it should be consonant with his inclination, and
not inconsistent with his interests, to establish his per-
manent residence in the United States, and that Flor-
ida may be honored as such residence.
Jadopted December 1 lth, 1825.
A. BELLAMY,
President of the Legislative Council.
SAiL. FRY Clerk.