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Acts of the legislative council of the Territory of Florida, passed at their 5th session, 1926-7
TERRITORY OF : LO1~DA,
PASS B AT THEIR 5TH SESSION,
PRENTED BY A. S. TEHRSTONi
mn act regulating Civil Proceedings, : : :
An act to regulate Chancery Proceedings, : : 19
An act prescribingthe mode of Criminal Proceed-
ings : : : : : : 27
An act to provide for the punishment of Crimes and
Misdemeanors : : : 31
An act regulating and defining the duties of Coil-
stables, ; : : 49
An act to amend "an act" to authorise the appoint-
ment of Justices of the Peace, and defining their
powers," : : : : : :
An act to organize and regulate the Militia, 62
An act to amend an act entitled 'an act to regulate
the mode of proceeding on attachment,' : : 7
An act relative to certain instruments of writing
being read as evidence, : : : :
An act to provide for the appointment of auction-
eers, and define their duties, 75
An act to establish certain ferries in the counties
of Walton, Washington and Gad sden, : : : 77
An act to regulate our citizens trading with the
Indians, and for other purposes therein mention-
ed,: : : 7
An act to prevent the future migration of free ne-
groes or mulattoes to this Territory, : : 81
An act to exempt certain property from execution
or distress in this Territory : : : 8
An act for the relief of John W. Levinus, : 65
An act dividing the Territory of Florida into thir-
teen election districts, and providing for the e-
lection of members of the Legislative Council, 8G
An act giving a lien to mechanics, in certain cases, 92
An act to divorce Charlotte Courter, : : 4
An act for the relief of Lewellen Williams, 94
An act to establish the county seat of Nassau
County, : : : 95
An act to repeal an act entitled 'an act for the re-
li:fofJohlY iarey,' : : : 96
An act making frtiier provisions for the establish-
ment of ferries a:id bridges, 96
An a-'i for the transferring certain debts of the
several counue, to the territory, : : 97
An iact to determine the commissions and taxes
on auction sales, : : : 98
An act authorising tih Territorial Treasurer to in-
stitut- actions agamist, all persons indebted to
the Territory, 99
An ;: n king -further provisions for the county
court of the county of Monroe, : : :100
Ani ai i. addition to an act entitled an act con-
cerniu; roads highways and ferrif s," : : 100
A: act to prevent the evil practice of gaming in
this I'erritory, : : : : : 101
An act to repeal an act entitled "an act to amend
an act concer'..ing limitations of actions and for
other pu o.. : : : 103
An act to p,.- : Indians from roaming at large
through tiie Tr;iory, : : : 103
.Ai act to alte" and 'ianage the nama of JMary
M.organ 1o Ma'y Cro .y, : 104
Aiu act to exempt certain persrini from paying
toil at the ferrtes and bridges t'iis Territory, 105
An act to reoofte the appointment of certain oli-
ccIr in tL 'erritory, : : 103
A^ act to amnr i, tlie -act establishing county courts
in ilthi;s T itory,' : : .: : : 10
A acfti f't or t3 dofi'la the b.un y li:i of
Washii;,itoo county, : : : 10
An actt to pne a act. ntitl'd -an not to povidc
for tie election' of a Deleate. to Congress,' 109
n act rlatitv to wi'its of niecrea, : : 113
.A: act n nmlt riisre th ae 'aheiling fugitives
:i act to establish the site for the court bouse -.
ether public buildings for Jackson county : 116
An act to amend "an act entitled an act to iecorpo-
rate the city of St. Augustine," 119
Aa act to incorporate the city of Tallahassee, 120
An act to amend an act concerning the convey-
an.e of real estate, 136
An n -t to constitute a board of trustees for St:
Marks, : : : 180
An act regulating the proceedings in constructing
or repairing partition fences, : 133
An act to authorise the sale of certain property
for the benefit of the heirs of John Tanner, 13.4
An act respecting Depositions, : : : 137
An act regulating slaves and prescribingtheir pun-
ishment in certain cases : : 141
An act for the relief of fire companies No. 1 and 2
in the city of Pensacola, : : 144
An act to dete.mnile the compensation of the offi-
cers of the Legislative Council, and for other
purposes, : : : 145
An act regliiati- thei trial of the right of property 147
An act to )revert trading with negroes, : : 149
An a.,t ;-) a neid Ilie act entitled, "an act to incor-
pornte the "ity of Pensacola," : : 450
An act to constitute a new county out of Leon and
for oiher purposes, 151
An act to provide for holding terms of the Superi-
or courts in liiferent counties within this terri-
tory a'd for other purposes, 153
An act giving Nathan Shackleford and Emille
Merlet the exclusive navigation and portage of
Holmes' Creek, : : 155
An act to amend an act entitled an act to provide
for the laying off the town of Tallahassee, and
ihe sale of the lots therein, ; : 156
An act more effectually to define the boundary
line between the counties of Duval and Nassau, 158
An act to establish the rates of pilotage for the
river St. Johns in the territory of Florida, 159
An act to constitute the office of T. Treasurer, 161
An act to lay off the several counties into Magis-
trates districts, : ; : : 167
An act to amend, and in addition to the several
UCts concerning executions, now in force, : 16
Regulating Civil Proceedings.
Be it enacted by 4e &4 ernor'dnd legislative Council
of the Territory of Florida, That it s all be the duty
of the plaintiff or plaintiffs, in all actions at common The time foT fI
law, inany of the courts of record of third. Territory, lingdeclaration
to file his, her or their declaration, beforeiisuing the
original writ; but nevertheless, original writs may be
sued out previous to filing tne declaration, subject to
the regulations hereinafter specified.
Sec. 2nd. Be it further enacted That original and Original kmes
mesne process against a defendant or defendants at ne pFoes r
common law, shall be returnable to the first day of first day of th
the term next after they issne. term.
Sec. 3rd. Be it further enacted, That it shall be
'lie manner in the duty of every sheriff or other offiderq,,who fxq-
wiich the ire cutes original or mesne process on a defenflht, to in-
turn of the exe- sert in his return, the time of executing such writ ;
ca'n shall be but should he fail to return the time of executingsuch
S writ, it shall not impair the return if executed ; lht
fine for failure such sheriff or other officer shall be fined by the court,
to make return to whom such process may be returnable, for such
&c. failure, a sum not exceeding ten dollars, on,motion of
the person who may be party to the suit, and shall also
be liable to the action of the person injured-
Sec. 4th. Be it further enacted, That where pro-
Tihe uri1m cess requiring bail shalf be executed, it shall not be
takin fat. necessary foerthetsherif or other officer executing
such writ, to take ap-appearance bail bond, but he
shitake from the bail an endorsement ontthe wii
shewing,the name of the bail, and for whom the bhii
was entered ; which endorsement shall d by
the bail, and,be.l in sui.ance as Millow's,- .e) A
B,'do hereby acknowledged myself (or ours~ -spe-
eial bail for the within named C D inuthe suit named
,is o' bl x i "nl the within writ, witness my'hand (or our hands) this
:i alpptaranc.e day A I,
t, the suit. which snail have the force of a recognizance of spe-
cial bail, and, as sich,6hall be 6bligatorv on the bail,
thgirheirs, executors and administrators, jointly and
severally. The giving such bail shall not be consid-
ered an appearance.intlhe suit.
Sec. 5th. .Be it, further headed, That if the plain-.
tiff or plaintiffs, shall not be. satisfied with the sufficien-
cy oftlie bil so take, he may at the term to. which
i bt' )l the writ is returnable, or at the next term. thereafter,
if in the, mean tinl~ 6hal judgment be not given in the
cause, object to the sufficiency of the bail, provided
reasonable notice ofthe objectionbe given to the offi-
cer, to whom such writ was directed,: Aud, the court
shall proceed tB hear and 'determine the objections tu
the sufficient' ~f the bail.
Sec. 6th. Be it further enacted, That if the bail be
adjudged insufficient, and other good bail appro-ed of
by the court be not put in, the bail so objected to shall
not thereby be discharged. And if the plaintiff shall
proceed tojudgment against the bail so, adjudged in-
sufficient, and the demand be not satisfied by the re-
turn of the first fierifacias against the bail, 'the sheriff
or other officer shall be liable to the plaintiff for the
amount of his demand and all costs of suit ; which inay
be recovered by motion against the sheriff or other offi-
cer, or against his securities.
Sec. 7th. Be it further enacteO, That in ev&ry
case, where judgment shall be rendered against aiiyde-
fendant or defendants and bail ; or against the shleiff,
ins executors or administrators or estate, the court upon
motion of such bail, or of such sheriff or other officer,
his executors or administrators, or any other in behalf
of his estate, may order an attachment against the e,-
tate of the defendant, returnable to the hext succeed-
ing court ; and upon the execution and return of such
attachinent, the court shall order the estate seized,
or so much thereof as will be sufficient to satisfv the
judgment and costs; and all costs accruing under the
attachment, to be sol as goods taken in execution up-
on afierifacias; and out of the money, such judgment
and costs shall be satisfied, and the surplus returned
to the defendant or defendants when required.
Sec. 8th. Be it further enacted, That ev-ry special
bail may surreride? his principal, before the court
where the suit shall be depending, at any time either
before orafter judgment shall be given, provided, such
surrender be made before the appearance day of the
first rcireifacias against the bail returned executed,
tr bf the sicordretnrnpd nihl ; but in either case,
IF the bail li,(
iSA(C again)it (ic,
Bail may sw,2
render lus pri, -
the special bail shall pay the costs of the said scire
facias, and judgment for the same shill be entered
against him accordingly. Upon such surrender the
bail shall be discharged, and the defendant or defen-
dants shall be committed to the custody of the sheriff
or other officer attending said court, if the plaintiff or
his attorney desire the same, or such special bail may
discharge himself or herself, by surrendering the prin-
cipal or principals to the sheriff of the county where
the original writ was served : and such sheriff shall re-
ceive such defendant or defendants, and commit him
her or them to the jail of said county, and shall give a
receipt for the body or bodies of such defendant or
defendants, which shall be by the bail transmitted to
the clerk of the court, where the suit was or is de-
pending; the bail shall give immediate notice of suci
surrender to the creditor his attorney or agent; and i:
within twenty days, such creditor his attorney or agent,
shall not charge the debtor' or debtors tin'execution,
he she or they shall be forthwith discharged' out of
custody. But the plaintiffor plaintiffs may, neverthe-
less, afterwards sue out any legal execution against
such debtor or debtors, without suing out a scirtfacias.
Sec. 9th. Be it further enacted, That in all actions
of assault and battery, and slander, commenced in any
court in this Territory, if the jury find under the sum
of five dollars, the plaintiff shall not recover any costs.
Sec. 10th. Be itfurther enacted, That in all actions
of trespass, and all other personal actions where the
court shall not be satisfied, and enter upon the record,
that the freehold, title or interest of land mentioned in
the plaintiffs declaration was or might have been in
question, or that the trespass was wilful or malicious,
if the jury find under five dollars, the plaintiff shall not
recover more costs than damages, and where several
persons shall be made defendants in actions of tree-
pass, assault, false imprisonment, or ejectment, aut
upon the ti*r thereof any one or more of them shall be
acquitted by verdict, every defendant so. acquitted,
hall have and recover his costs of suit in like manner
as if verdict had been given against the plaintiffs', and
acquitted all the defendants; unless the court before
whom such cause shalk be tried, shall be satisfied that
there was reasonable cause for the making such person
or persons defendants to such action, and shall order
it otherwise; and in all cases where judgment shall be
given for the defendant, he shall recover his costs and
have execution for the same.
Sec. 11th., Be it further enacted, That in all actions
of quare chlusumfrigit hereafter to i'.brought, where
the defendant'or defendants shall disclaim, in hisor
trrsplea,, o make any title or:claim to the laa1 in~
which the trespass is supposed to be done by the `ec- io qiare clain.
laraticWitnid the trespass be by. negligence, or invol- sum frigit.
untar~iJtlyfd&fentaoFbr defendants shall be admitted
to piead,a disclaimer, and that, the trespass was by
negligence or involuntary, ana a .tender. or offer of
sufficient amends, for such trgpass, before the ac-
tion brought, whereupon or upon .some ibfthem the
plaintiff or plaintiffs shall be compelled to join issue,
and if the said issue b1e found feI the- defendant- or de-
fendants, the plaintiff or plaintiffs shalT be nonsttite~r
and no suit shall ever be maintained for the same,
Sec. 12th. Be it further enacted, That.in ~'.pasNie
where*the plaintiff shall die after servicCof press, Actions notto
and before final judgment, such action stfle not ahate, abate the
if the same might be originally prosecuted and main- death of parties
trained by the executors or administrators of sticb,
plaintiff, and if the defendant die after service .of the
process, and before final judgment, such' action shall
not abate if the same were ,originally maintained
against the executors or adipnipirators ef ,qch defend.
.Kon resident. to
give sccuihn for
dant; but the plaintiff (or if he be dead his executors
or administrators) shall and may have a"cire facias
against the defendant, ifhe be'living after the service
of process. (or if he died after, against his executors
or administrators) toshew cause why judgment shall
not be had by the plaintiffs; and if such defendant or his
executors or administrators, shall appear at the re-
turn of said writ, and not shew or alledge any matters
sufficient, or being returned warned, or upon two
writs of scire facias, it be returned-that the defendant,
dr his executors or administrators, had nothing whereby
tobe summoned, or could not be found in the county,
a writ of enquiry of damages shall thereupon be
awarded, which being executed, judgment shall be
given for the said plaintiff, his executors or adminvs-
trators; and if there be two or more plaintiffs or vie-
fendants, and one or more of them should die,' if the
cause of action should survive to the surviving-plaintiff
or plaintiffs, against the surviving defendant or defen-
dants, the writ or action shall proceed at the suit of
ihe surviving plaintiff orplaintiffs, against the surviving
defendant or defendants ; and in all actions real per-
sonalandmixed, if either party shall die between.
verdict and judgment, such death shall not be pleaded
in abatement, but judgment shall, be entered as i'
bbth parties were living.
Sec. 13th. Be it further enacted, That no suit shall
hereafter be commenced in any court within this Ter-
ritory, by a non resident, until, he or she, or' his or
her agent or attorney, shall file in the clerks office of
suds court, bond with approved security, who shall be
a resident of this Territory, conditioned for the pay-
ment of all costs that may accrue in consequence
thereof, either to the opposite party, or to any of the
officer of said court, an'd the same may be put in suit
byny of th; perso-ns aforesaid, for tha non-paymceie'
-i the sums that may respectively become due to
sec. 14tli. Be it further enacted Tiht if any person,
resident of this Territory, shall institute any. suit in
any of the courts ofthis Territory, pnd shqll after the
institution thereof, remove out of this Territory, such Parties plaintiff
person shall be bound to give security for the costs of removing, from
such suit, to be approved of by the clerk where such he territory to
suit may be depending, in a bond to be executed by forots.
the said party his or her agent or attorney, under such
penalty as the clerk may deem proper, conditioned
for the payment of all costs that may accrue in conse-
quence thereof, either to the opposite party, or to any
of the officers of such court, which bond shall be giveri
in the clerks office of such court, on or before the tfirt
Jay of the next term ofsuch court, after such remo-
val ofthe. plaintiff; and on failure thereof, such suit
may at ay time thereafter be dismissed on motion,
and %vita any bond shall be given in pursuance of this
act, it shall and may be lawful for the clerk of the
court where the suit is dependig, to issue any writ of
execution against the plaintiff and the security in such.
bond, for all costs which may be adjUdged by the
court to the defendant against the plaintiff in any such
suit; and it shall and may be lawful- for the several
officersof said court to issue their fee bill against thQ
security in such bond, in the same manner that they
might by law issue them against the pIaintiflti any
such suit. .
Sec. 15th. Be itfurther enacted, That,,in all.and
every species of action commenced in any of the courts rn what cases
of this Territory, having jurisdiction thlreof, if ,the process may is.
defendant or defendants, shall remove opt of the coun- su" from one
county to ano-
ty where the, action was commenced, nimt e same their.
shall be certified by the sheriff or other officer to
'Thocm the process w ,sdiiect, it, shall be lawful to
issue an alias writ, and every other legal process nU.-
cessary to enforce the appearance ofsuchidefendant or
defendants,-directed, to the sheriff or other prope;
ot.'-er ol any coU ~lfin this Territory.
See. 16th. Beit.further enacted, That in every spe-
Wre htwo omore cies of personal actions, where there are more thau
defendants, the one defendant, the plaintiff commencing his action iu
plaintiff corn- the county where either of them reside, may issue
mencing is ec- any writ or writs directed to any county where the de-
tion where eith- -n
erresides, may pendants or any'of them may be found : Provided, that
issue writs to should a verdict not be found against the defendant or
the coumi.e defendants resident in the county where the action i,
whier-e 'ihe ohll- .'
crredre. 6omme;.ced, judgment shall not be rendered in such
Sec. 17th. Be it further enacted, That hereafter,
iio species of action for personal injuries shuil cease no!
rsonal die with the person, except actions for assaults anu
tions not to di batteries, slander, criminal conversation, and so much
witth te per- ofthe action for malicious prosecution, as is intended to
son, except .c- .recover for the personal injury, but, that fora.ny other
tls fir assault injuries than those herein excepted, an action may be
ani battery slan m
de., crim con. brought and maintained by executors and administra-
& :or malicious tors, or against executors and administrators in like
prosecution. manner with causes of action founded upon contract.
And upon the decease of any plaintiff or defendant to
any action which by the provisions of this section will
not die with the persons, it shall be lawful for such
actioinib be revived in the name of executors and ad-
ministrators in the same manner, as other actions are
AIere tjeons Sec. 18th. Be it further enacted, That in all cases
are sued asjoint where several persons are sued as joint obligors in the
oigors, and same writing, or as joint and several obligors, -and the
sheriff or other officer shall return on any process issu-
ed against any of the defendants that such defendant
is not an inhabitant of his county" the plaintiff me',
proceed to judgment against the other defendants
without any further proceedings against the defendant
so returned "not found."
Sec. f9th. Be itfurther enacted; ,Th t where any
person is sued as upon a bond or other fJin.- by an as-
signee thereof, it shall not be lAvfiik -fI e dAefedant
or defendants to require of th1 plaintiff or ptiritinis
proof of the assignment or assignments, unless the de-
fendant or defed'anis shall annex to the plea denying
such assignment or assignments, an affidavit stating,
that such defendant or defendants verily.believe, .that
some one or more of such assignments was forged, or
make oathtto the same effect in open court at the time
of filing said plea.
Sec. 20th. Be it further enacted, That it shall not
be necessary in an action upon any instrument of wri-
ting assignable by law, to set forth in the declaration
or petition, the consideration upon which such assign-
ment was made.
,Se;"21lst. Be it further enacted, That hereafter,
every charge of incest, fornication and adultry, made
by any citizen of this territory against ohe of the female
sexishall be placed upon the same footing as other
charges of a criminal nature, for which an action will
lie according to the principles of the common law ; and
that all and every person or persons, for whom action
would lie, for the speaking of scandalous words, may
have and maintain an action of slander for the speaking
of words containing a charge of the commission of the
offences aforesaid, or any of them, subject to the like
principles rules and regulations as are observed in oth-
er actions of slanderous words.
Sec. 22nd. Be it further enacted, That if any fe-
male plaintiff or defendant in any suit at law, shall
marry pending the same, the marriage may be enter-
ed on the records of the court where the suit is de-
pending, and the husband made a party thereto,
It is not requit-
ed that assign-
ments be pro-
ved, unless the
oath &f defen-
set forth con-
Marriage of fi.
not to abate tl'
whereupon a continuance shall be granted, and the
suit shall progress accorJinig io law.
-When sheriffor Sec. 23rd. Be itfurtaner enacted, That. if any sner*
other officer iffor other officer to whom any writ is directed re*
bail to take ail quiring bai, shall fail to take b ii, the puiitit-t or
when jsoreq- plaintiffsintheacien, shall be entitled, if sudimie.t
may be entered bail is not put in previous to tridl, if ne or they stc-
against him, ceedoin the action, to have -the judgment as well
against the sheriff or other officer, to whom the said
writ is directed, as against the defendant or defen-
Actionstostand Sec. 24th. Be it further enacted, That all actions
for trial at the at common law, shall stand for trial at the tera; next
term next' sue- succeeding that to which the process may be ret ii ec
towhich the executed, Provided however, if it shall n:o apIpear by
process may be the return of the officer, that the process was exe-
returned exe- cuted thirty days before the return day, the cause
cuted, shall bg continued until the next term, unless both
parties consent to a trial
Sec. 25th. Be it further enacted, That if the suit
be brought previous .to filing the declaration, the
Where declara- plaintiff or plaintiffs shall not have a right to demand a
.tion is not lied trial, until the term succeeding the one in whiJi, the
previous to is-
suinthe writ. declaration may be filed; in suits thus brought, the
plaintiff or plaintiffs shall file a declaration on the cal-
ling of the cause, or on failure, the suit may for that
cause be dismissed.
Sec 26th. Be it further enacted, That whenever
any writ of scire facias issuing from any of the courts
of this territory to renew judgment against the de-
fendant or against thebail, to shew cause why judg-
rt what man. meant should not be entered against such bail, or against
ner writs of executors or administrators, it shall and may be law-
re faca are ful for the sheriff or other officer to whom it is direct-
ed, to execute the same in like manner is writs of
capias ad respondendum are by law executed where no
hail is required; and that when such defendant c-
ail may reside out of the county or district in which-
any such judgment may have been'gi en,. it shall and
may be lawful for the clerk of the court -1t issue such
scrtj facias, directed to lthe sherlas ."t .otlidira
the county where such d.elendh il bai may ro
whose duty it shdl Ife to eePtF~ e same as a p
directed, and rndie..ret igrn thereofto the court Trom
which it issuedctrand \vhe'e atvrit ofscire fcias is: re-
turned that the defendant or defendants are. not fund,
another shall issue ; and if the s e nd is returned that
he or they uar not found, it shalf-e considered as suf-
ficient servidceof the writ : and no declaration shall be
necessary ona i% rit of scire facias.
Sec. 2lh.U Be it further enacted, That whenever
any suit shall be cOnmenced on, any writing, whether
the same.be under seal or.lot, the court before whom
Writing be re-
the same is*~depending shall receive such ititng as ceived as evir
e idl: .re olihe dehb or debts for which it was given; dence of the
andli il s iifiot be" lawfulfor the defendant or defen- debt, unless di-
d.1iis itly sucl sait, to.-deny the execution of such videded on oath
VrL.t a ilblei it be by plea, support bhy. the affi-
di''it;f ..ll party iputing in such plea, which affida-
vir si-l' l a'i-cornpany the plea, and be, filed therewith
at rthe time such plea is filed, wh~tl'affidavit ,may be
,aide' before any justice of the peace, or before Jhe
clekc1f the cott. before whom su6h,sudit may 40 de-
Sec. 28tl. Be itfurtheit endcted, That wV a- s
ny siiiis depending in any Qofthe courts of t 'leni- n of writing
tory, founded on any writing -nder the seal, of t per- under seal, maa
son to'be charged therewith, it shall and ihay be law- be impeache:
ful for the defendant or defendanlst"berein,'by a special
plea; torimpeach,-orgo rito the consideration ofguch
writing,,in the samie manner, as if the said' bon'f had
not been sealed..
Sec. 29t h .fBeit further titedThat the plaintiff in
rplevin, and the defendant in all other actions, may
piead as many several matters, whether of law or fact,
xis he shall think necessary for his defence.
.tiec. 30th Be it further enacted, That no plea in abate-
ment shall be adi ithtl or received, unless the party
e4fiehng the same; shYll prove the truth thereof by oath
PIas io.f abate- or affirmation, as the c:;,O:. may be. aid no plea of non
n',, no, es, factum, offered by the party chargad.as the obligor
to be received or grantor of a deed, shall be admitted unless it be in
but uoder oath. like manner sworn to,. and where any other person than
the obligor is defenilar.t, such 'defendant shall make
oath, that he verily believes the same is not the deed
of the person, charged as the obligor or grantor there-
of. Whero a plea of abatement shall,upon argument,
he adjudged insufficient, the plaintiff shall recover full
costs,,to the time of overruling such plea.
Sec".'st. Re it further enacted, That where there
Ti .ce one of are several counts, one of which is faulty, and entire
ceiveral counts i da
faulted, yct e i damages are given, the verdict shall be good ; but the
tire damages is defendant may apply to the court to instruct the jury
good. to disregard such faulty count.
Sec. 32d. Be it further enacted, That in detinue, if
the verdict shall omit price or value, the court may at
erdict oinut any time award a writ of enquiry, to ascertain the
damages, the same. If on an issue concerning several things in one
court may or- count in detinue, no verdict be found for part of them,
Sa writ ofen- it shall not be error, but the plaintiff shall be barred of
'u""ry' his title to the things omitted.
Sec. 8Sd. Be it further enacted, That the defendant
When pleas or defendants shall file his or her plea or picas, on or
hall be plea& before the day to which the cause is docketted, at the
first term at which a judgment can be rendered in said
cause, and on failure, shall not thereafter be permit-
ted to file any plea to thejurisdiction of the court, nor
in abatement, nor to file a special demurrer to the de-
Sec. 34th. Be it further enacted, That on the calling
.4f a cause. if a plea or pleas have not been filed, thr,
defendant -or, defendants shall plead, the plantiff -e
plaintiffs reply; and the defendants rejoin, and so on,
until the issue or issues of law or fact. arpemade up,
and a trial shall thereupon be had, and ifether partyr
fail thus to complete.the issue or issues,'the court may
enter judgment against him, her or them, for such fai- When plead
lure. Providedhowdvedr,. that the court may for good ing requf_
to be made z"
cause shewn, all0 either party a further day, in that stanter.
or the next succeeding term, to plead, reply or the
like, such party paying the costs occasioned by the
postponement : and where a demurrer shall be over-
ruled, the defendant or defendants shall have leave to
file any plea to the merits, which may:~e necessary
for the justice of his case.
Sec. 35th. Be it(further enacted. That the courtmay
give leave to amend the declaration or. bthe i lead- court may give
ings as heretofore, except that such amendmcIf shall leave to amend
be filed immediately on obtaining leave to amend, un- pleading"
less for good cause the court give a longer.lime. If
the amendment be in matter of form, the trial shall
notbe deeyed in consequence thereof tif it be in
matter of substance, the opposite party may immedi-
ately answer thereto, upon which .the suit shall pro-
ceed as if no amendment had been made, or,.he may,
at his election, demand a continuance until the next
term. If the plaiptiamend h's declaration, the de.
fendant may immediately demur thereto for special
cause, although the time hereinbefore mentioned, for
filing a special demurrer shall have elapsed ; but if the
defendant or defendants, demand a postponement of
the suit, on account of such amendment, .he, she, or
they. shall not be allowed to file a special demurrer to
the amended declaration. <
Sec. 36th. Be it further enacted, That if in an action
at law, the plaintiff omit to takejudgment against a de-
fendant or defendants, for failing to plead, when by the
foregoing provisions he might so take judgment, the det"
Pilft,r.ilt;rn: fendant or defendants, at any time before'Wvrit of er-
toquiry is awarded aend final judgment gimen, ll4ead any
not pleading! pleas, the filiil of vhich is not by this act limited to
deft may pleadjtifirst term; but fere such plea or pleas are filed,
at any tilie. be~jiTplaintilffmai his rIglg#ftrial at that term,
Shooe l "env 'if~ave a generall continuancet'ofhe cause.
Sec. 37th. Be it further enaitl,.'Tht if from any
Court may com. cause the. issue or issues be not maiXli, at the time
pel the' parties hereit prescribed,Ne' court shall oossess the like
to copleinte. Poter at each-'ubsiguent callihg-if th'e suit, until the
s. ub # or issues be completed, to compel the parties to
complete the .same.
Sei. .3 3. A.Bc'n further enaced, :That the-clerk shall
endorse on aj leas the'tidie. he-'fiiL' 1, and he shall,
upon the applicaion of either party, issue subpoenas
for wilnesses,-as soonl as the'(fri is issued.
Sec.09th. Be it fcirtlr eina &tc 1 That all powers of
Powers of at- attorney for'confeisitn or suffering jndgme't' to pass by
tornv, made be- default or otherwise, and alli enial'Teleaiss of error,
fti*esuitbrought made or to'be made by any person or personsvhatsoe-
to confess jud'g-
ment etc. null ver, within this Territory, before action brottght, shall
.and void. be, and are hereby, declared to be absolutelyfn~all and
Sec. 40th. Be' it further enacted, That the plaintiff
or defendfit shll Bhan the rigt14b pereafptory chal-
Plaintift or de- lenge'fp four ol' iheiery summ6i( aifmo'Feover shall
i.ndant may posSe, the right of challengli as-manv otthes as he
challenge tour camn w good cause for so doing. No Physician, Sur-
. fu'r vt o geoT81 Minaite of any reRigibus society, shall be
,be comp elletto eve upon a petit ury. 4
Se6. 41s e it furthfi eifeacted, That if anj court
refuse' to'sign -a ill of exeptions, when the" saine is
tende.re to thehinfor that oatiose,'it shall be "ln'v!Il
for three persons to sign the fsjaF.f#'in the pre aice of
the sail judgelhiidalso that the iame ias presented to
the judge and he'refused to sign it, whlih biff shall be
is valid, and have the same force, as though it were-
signed by the Judge of said court ;.anJ the court'shall When the cuurt.
permit tle sanmeto be filed, and bectrne a part of the rcftses to si.i
record. And'if the Judge refuses to let Be same be i ois "ft sl;
filed as aforesaid, the court of appeals may, when.sudh lawtui for f .iree
cause is brought.before them, by Iiop error oirap- persons o sigR
peal, upon affidavit of such refusal, adilfit such bill'lo the same.
exceptiofis as a part oLthe record.
Sec. 42d. Be ji rather enacted, That in all actions
which shall be hT.uliht upon any Aond -or bodds- for bonse, u.
payment f money, wherein the, plaitiff shall recover, ment to be en-
judgm.ent'shall be entered for the penalty ofsucli bpnd, tered for tt
to be discharged by payment of the prihci4 a inter- c be
est due thereon, and the other costs of suit, ajid execu- Ipa mcnt ofprin
tion shall issue 'hereon accordingly ; :or,.if before c'pal interest .-
judgment, the defendant shall bring into court the prin- costs.
cipal and interest due thereon. he shall be discharged,
and jndgment shall be entered for the costs osly-; and
in any action ofdebt on'single bill, or"i, debt, a scire
facias upon-a judgment, or in debt uponlbyAd, if before
action brought the defending hath paid the% principal
and interest, due by the defeasance, on condition, he
may plead payment in bar.
Sec. 43d. Be it further enacted, That private acts of Private acts gi
the Legislative Council may ,be given in eydence ,en rn evidence
without-pleading themispecially:', -* !., -'
Sec. 44th. Beit further enacted, Thiat.juries Ae me Jurieshowsum.
diatate linguac, may be directed by the court to be sum- moned.
Sec. 45th. Be it further enacted, That interpreters
may be. sworn truly to interpret; ,when necessary, the Ierrters &d
Judge of the Superior Court atSt. Auguslituieand Pdn-
s:acpla,. shall appoint some,competent ,person,, Ivell
skilledto execute the duties of interpreter of said
court, and.tbe said interpreter, shall receive onp, dollar
foreach suit in which his services may be :re.'ired, to
he taxed in- the bill of cost,
Non suits to be tec. 4Gth.,;Be it further enacted, i'hat every person.
nade before Ju desirous lf sEi%-i a non-suit on tli a I be barred
rors retire. .
therefrom, unliahee do so before the fur. retire from
Scrolls mf'y Se.c th. i fiithcr e cTd That any instrument
used as aseal,. to whidoirsn makrson 's e, shall affix a scroll
"' e way ,- shbll"-be ad .and holden to be of
the same force d~obligat i it were actually
.I 'a l e d "
Jurors to dit.. Sec. 4 th. Be" tfitrther- ceteedi That tirors know-
close. ing any tlhj of the point ilissue, shall disclose the
samesip e cpwut.
Sec. 491. .B;'t f.ither'kenacted, That no judgment
'er dl oft itwvevemen' shf.be staid or reversed,
1u, ay d deTect or faulttri any writ, original,judicial, or
for a iarian:e l Ithe writ. from thedeedltion or other
When Judg. prg e"di or an" nisipefading, insufficient pleading,
mentafter ver. discon'lliTU h mi-joi'nirng of'the issue, lack tf a war-
dictshall not be rant of attA',ey vor for the j'ipearance of either party,
reversed. being jnder the age bftw iivnty oneqyea~s,' by attorney,
If te diqtbe for'him, and hot to his :p'fincipal, or
for a any deed, letters testamentary or com-
mission of administration, to be brought into, court or
for omissioftof"the words "with force and arms" or
o' afnAetdlapease, or foi'nmistake of the christian
name or sWihame of eitherpparty, snu' of money, quun-
'ity of mercftidise, day;-:mmbh-or year, in the decla-
,ration or plhIing, the names,, sum, year or quantity,
being right many part ofhe record or.proceedings, or
forth "'ssiro ".this he is zeady to verify." or this
t''iras o ve ify by t#ie record,; p.0For not alle-
,ing tha 'it'br acion is within the jurisdiction of
the cou l or an if'rormalitv in entering up the
judgment b the clet ; nether shall any judgment en-
tere festin, or by fI dicdaiAan m -n for -
Sa'ntu i ersea. Sor a judgment,ilfter enquiry of
damages e stayed or reversed for any bmisston or fauV
which would not have been a good cause to stay or re-
-.rse the j-imient. if tiere had been a verdict. Plaintiffsl en
Pl~aintiff shall en
3:eI. UiBth. Le t tjurlter enacted, That in all cases, dorse in a me-
,lhe plaintiff shall endorse in a memorandum book, to morandum book
., kept by the clerk for that purpose, what species of to be kept by
the clerk ftr
ction-he has brought, and it shall be the duty of the that purpose,
clerk to endorse the same upon the writ, that the offi- species of ac-
cer executing the same. may know whether bail is ion etc.
demandable or Uint.
Sec. 51st. Be it further enacted, That no person or
i'ersons shall be arrested upon any original or mesne exacted but on
process, or required to give bail, unless upon affidaAit oath.
being filed with the clerk of the court or justice of the
peace from which such process is about to be issued,
stating that the plaintiff or plaintiffs, or his agent or
attorney. as the case may be, verily believes that the
person or persons against whom such process is about
to issue, will leave the Territory, or move his pry~er-
ty out of the same before judgment, or ollern~i 'e ab-
scooni, so that the process of the court after judgment
cannot be executed ; and upon such affidavit being
filed, the clerk shall endorse that bail is require ,'pd
the amount theretf,'which shall in no case exceed the
anountkwhich theplaintiffin his- affidavit, states; he
etlfects to reeov c Yfi*in the defendant or defea.tss.
Sec. 52.J. Be itfurther enacted, That the Isejrr'ce ,dfa
writ, wbereon*'bailis required. shall be by'rea4. rhe manner iN
the writ-to tie defendant, or delivering him a copy which writs not
thereof, or leaving such copy It his usual place of a- req"uirin bail
bode with some vihi member of the family above the
a~e of fifteen ve II and infoming said white person
of the ctlenits tleof, or if i will not hear ihe-.rit
or receive a copy, then threoyindt1i such copyivhis
presened,'and it shall not e law~ for .the shler r
other officer to return that he.wiva kept off by force
from executing suich, writ, Ad "hien any writ which
requires the sheriff or other offcer to take bail, and
the defendant shall use arms or threats, to keep off
such sheriff, he may.infil 'manner, throw down a co-
py of the writ in his presence, and rem:urn a copy
left," whereon the planiftf may order an attachment,
as in cases of a common return of a "copy left."
Sec. 53d. Be further enacted, That th6 service of
service on ooie processuponany one member of a mercantile or other
offirm bindingg firm, if thO other persons composing thesame, do not
e reside or are not within thejurisdiction ofthe court, shlll
be as valid in law as if service were had upon the whole
of the.members constituting it, ani'judgment shall be
rendered against the firm accordingly.
Sec. 54th. Be it i'nrther enacted, That when any
Judge failing judge shall not attend on the first day of any ter'm, the
to appear court court shall be adjourned by the Marshal or other offi.
to be adjourned cer, until twelve o'clock the second day, and it'shall
Sbe the day ofthe clerk at that time, to continue all
causes, until the next term.
Sgc.,55th. Be it further enacted, That this act shall
Tpealing 'ie.iniM re from and after the first day of Mareh next,
and thit the act passed December 30th, 1824, regulat-
ingjudiciil proceedings, and all other acts or parts of
act&.inconsistent with the provisions ofthis act, be and
the stae are hereby, repealed'
Passed, January 11th, 18'7.
WD. STN ,
President ofthe Legislative Couici'
GORGE E. TINGLE, -tA.
approvedd January 19th, 18't~]
JV, GoP. DTrit lo
Governor'b of the Trriitory oflorid
"'o regulate Chancery Proceedinas.
Be itenacted by the Governor and Legisiative Counc7i
ethe Terr'tlr of Flor: aa, That in all causes of chan-
_(rv, no subpoena shall issue. until the complainant file
:i- r her hill, with the clerk of the court in which the
1.::: iiyi be brought ; whose duty it shall be upon
:i!e oi i: f the same to make out a subomna and de-
iive: he same to the proper officer.
Se'. 2. Be t further, enacted. That the form of a
subpoena in ( hanceryshall be as follows :
TERRITORY OF FLORIDJ GREETING :
You are hereby commanded and strictly enjoined, to
personally appear before the Judge of our
court for on the
day ol to answer a bill of complaint
exhibited a.iuslt you by and this you
are not to omit under a penalty of one hundred dollars
clerk of said the
shall issue, un-
til the complai-
nant file a bill
*.-itk the clerk
Form ofa stib
Sec. 3. Be ?t f]jrther.enacted, That the complainant
may insert as many defendants as- he pleases, though ,Complainant
they claim underldifiereit, titles, but if any of the 'de- may insert as
fen6ants'disclaim: he shall pay them theif'AdL ek- many deft's as
She pleases, but
cept for special reasons appearing, the court shapo- f deft's dis-
thorwisp.decree, and he shall also pay to each defen- claim, lie shall
dant, any costs he may incur, in consequence of' .hy py them their
ciipest and claim in' which he is not interested. co it.
Sec. 4. Be it further enacted, That original and Original &mes.
mesne process in chancery suits, shall be returnable to ne.process, how
the firyr;day of the hext succeeding term after ~hey returnahbl if in
issue, ujoess they issue in term time, in whicdilas termtime
they nm' be made returnable to any day of that terib.
Sec. 5. Pc it further entacted; That if in any giikinh When process
chancel'y, the process shall not be returned executed srh;not be re,
turt3 exeru- on the return day, the clerk may issue an alias pluiic.
ted on te I. or oWf process, qn iioat gn order of the'court there-
turp day.: t
-for. .,- *'
Sec. 6. Be it further e'nted, T4at lhe'defeudanlt-or
eifendants in chancery sh-all.1ple-d, answer, or deaxur,
'* ororbeforp'he first day of the term, next succeeding
When the de- the.one;to which the process may be returned execut-
pledf a er ed, and onthe calling the cause at such term, the
etc:'rei'; .,: complainants shall reply, and the defendant or defen-
m-~ f1 r daatskrejoin, and so on if necessary until the issue.or is-
conite A'the ,
isse,.1h4 rt sues of law or fact be made up, and if either 'party
may entra de- fail thus to complete the issue or issues, the cobrt may
cre. enter a degree against him,'her or them, for such fai-
lure. Provided however, That if the complainant be
calledvon to answer interrogatories, contained in the
answer,of a defendant or defendants, the cause shall be
Proviso, when continued,,unless the complainant or complainair4s o-
the cause may luntarily answer at that term ; and in case a suit be
e continued. thusbcoatfiued for an answer to interrogatories, the
anstr Cshall be f6ted, on or before the first dasof the
next term, and the -isste or issues shall be cornpl at
such od term, if the issue be made up by hill, au-
swe replication, or the like, whlreby depositions
a oe taken, the cause shalltstayC or" hearing':at
thbeterr.next after tHe issue is made up.. If on a plea-
ficblal,1 a oaf fact 1e made upnirHr a's ej b Jrple
eofr Il appii it the lime of trial. If an issue ,al
bhe":ad, up by 'deniri er, it shall staid for rgir-
m~atlfhetime at \hiclii is maideAip. ',.
le .r ,d em.. ,'7. Ai it fjur, ,'e.ii art(d, Th if a ple ar, de-
Plea rr de ,. "p e Api i. jlK^*
rer oeriT lcd, niurrer be overru ed, the,.jpartyrnAy thereS1Tr an-
party ter- sfrer jp or if exceptions toA:;ans~r e.adi ed su.
after ansR.' ficiept, ite court shal alpomt a fmin' Inlchtpa
t V. y sha4-Fe his anlever BjKl'o his farMni to w+er
x maq l A eed ai ona ai 't..os~wer in oth
Either party ,'. Bc ii"furlhe" eactl-d, That in sffts chan-
may lodge an cryg eher party may lodge his her. or thfk nsUsnr,
-piiication or other pleadings, with the clerk:fivp-aca- r.nw re isa"
ion; but the opposite party shall rvtbe imnid to no- eon ee i. wi
,i;e such answer, replication, or 6ther pleadings, as- ctioi.
;;ied, until the same be enteredin court.
Sec. 9. 13e further enacted, That in- chancery, af- After an ap-
ter an appearance or subpoena executed, or advertise- pearance, Or
ment. the amendment of the bill or other pleadings shall cuted, etc:
not require a new subpoena or publication.
Sec. 10. Be it further enacted, That when the sub- When the de-
_iena is returned executed, and the defendant or de- fendant fails to
pendants fail to answer the bill, as required by this act, ansr, ant
!lie complainant may proceed to take his billpro confes may proceed.
:, and the court shall decree the matter thereof; or
;e may have a general commission to take depositions;
Tr he may move the court to bring in the defetant to
answer to interrogatories at his election, and proceed 1 ,. court'- a,
on to trial in the two last cases, as though the answer grant a inlmer
iiad been filed, and the case was at issue :''Procided, dayforfihngan
that the court, for good cause shown, may~ranta -fur-' answer.
other 4ay for the filing of the answeroand hearie the
Sec. 11. Be it further enacted, That evey, afend- Def't.swear ts
ant may swear this or her answer, before Wedge his answer.
or justice of (tl acq.
Sec. 12. Be it further enacted, That the detiedar~ft t
opd. adants Aake his or her an wcr a cross
an e defendants to the said cross bi b| -
pe o asr; iSBt same mander as do '
origin bill'eohompelled ; and when. Fei .
sary .j he tdefe ant$to bring a neqpayr be-
court, shall stii in his answer, and eri ae : e court-
subpenia stialL ntt oa f'aid other proceedings lied,
as in b.se of n' an :
t3. aAf swer tanswerfi.
fie no plein A urispi e ception to juris-
cod P. 0pi ao( g. ion r diction of court
4fterwat e a the cou er
ExcepFti? ases ter delajyir refdise'justic'~, or reverse the proceeed-
.' land etc, ings for,Lwant of jurisdiction, except in-cqses of contro-
versy respecting land, lyiE d without the jrriidiciuon or1
such courts, or of infants an fe;ai,'overts:
See.- 14. Be it further enacted, That whenever ny3
Aaswerfiled if answer is filed; if the complainant deems the same in.
,I nant sufficient he shall file his exceptions, and the same
Shall bes seri~owa for argument, at the same' term the
file 'is answel-may have been filed ; unless for good cause,
tio i the safhieshall be continued by the' court ; if uponT, ar-
Sgument, the complainants exceptions shall be overrul-
ed, or the defedalts answer'judged insufficient, the
coniMPinant-iall pay tc. the defendant, or the defen-
4aonttojl complainant, such costs as shall be Allovef
by the urt.
WVheP plei r .Sec..15. Be it further enacted, That if a clea or de.-
demncrer isao-, murrrer b(drerru!ed, no other plea or demurrer..shall
verrulcd. -be'thereaftar received, but the defendant shall answer
the allgations of the bill.
..S 'ia ,.Be i fnifer.Wetacted, Tihat upon a Ba.por
'" \ ../*- "tt^3- 'r l .i ,, "
demurrargPued and ovrCru'ed; costs sihal be pai",as
Pic cr i.:., ir- whei i swer is'judged insufficient, anadthe defen-
rr' oqerrule,,I dant 'swer within one month aa r ; but if ad-
nai d U htheefendant shall l~VYe his costs.
QAtfhe eusateH, aAhpy e
Unscovery nl.,alled ofi'r a discoerry'on oltjbiid
ath kjdb w M'ch the discovery, Ah prayer1 s
he Jury. teri; s submitted to a jurvy the answer put inis -to
S- til e laid before the jury, in th!Qsate
al s 'actised withregaAd to answers oi an r"-
sue, directed to be tried. 4.. t by a'rt ofan
Se-,!8. -Be it further efiet Ph 'con.t hpa t
..omplainant.: or col nts ma At0'ositio
may proceed .de ts.a
one month af- the.~ ins ar e i l e
ter def't is 'emvh l hi iay e tl tons
Mdwithproces. oieo afterhe files his er, it shalte unpP
o.e, IV [IU., uesse
s';;)d veSe o pWy
.ice, .t true and kink
BA ,fth der t. qt"(ri the
to his attorney\ AU t, I any is eJ
the court in 'vih the itJis df ndi
uo ucfiotice 'fil n noteeto
Iag, or an ad\ertisenent inserted orb
leaG'ro weeks, ian some newspapeF
Terntory, 'hill bt sufficient, but no
necessary to any defendant, except suc
ded to use the d4os Ion as-evidence
S 8. 19. Ae itfurfter' q/twted, Thli
:ile-*Wnd4efore the delfiidant hath
athM th~at any'of the co~ pinan
of the time ani pla takig sUi
Sec. 20. it furt1er- tacte
may be taken before a judge,justice o
notary pub at'the option of te part
swer6 f n e defaa deceased shell 1
an ou ra'thteoptio o.th ati uar
Sec. 22. tr
~~fl ^Q & o it~lM^
to have reason-
- tt c deft
spBtIn detts, ct.
"iwspaper,8 sjI L and it-sil auigorise'ttho i
weeks tucces- ceW-O m a. thnu. e
anttaAmy, P I e 'dp
spn4ihn I q' lleit~ peara M,
-~open 4:- OP jovvkt-!
vithin 7 'IN: v e
for a relicarnig. S a1e an tim seve y r ,i 0r, ItDionin te
W Urtlfor 'a Iliearil idjH ii ,r her aiisi
Sec 0'~ at ih~'A
t may i~4e o y egiin~s the
bd % ai i %%hen he hall'.b IIirSLhed ( he
termtim:-o PMIIZ(g t Il the facts, sitme dn tffOIr O~hcl
term time, -or
vacation. shallt beVr -ili U, and Atahl order the samp Ii ii lidic
case.zb~e tn'ploinari ~lhaiI euiLer~ ic~taj)ifli ot Serui iii,
c.Vpkminant to be ajp[-rAW&oiJ the jgeh..7T1r
a center add4tsts dlue, or to becomeda'e. to the* "1Q 'i !the
setity. ac-tiud at laxvm, and all"siuteb costs as A L. ai
Utnsj him gyl'erl in case the )jwjuncJ
1113jctiondor 115 24. Be itfurthcr eacaditfI',ht Ato -.Hinj CtiJDn
sruicS ?e ranted ony judgui etait f4' 5I' ter
-U~ri~ii6 p1e ro~p ~kt.s I5 show' hini-
5 to be e i ably, bouA to6 pay?'*Il so much as
esary to cier tlii costs ;,no injunction
shall begranted, until the party re'errr in
th"e "r eoire gs at law, IV1 af.a rajebenjoin-
j'unajis' ed r 'th~~rij unictio. diss6bfve f &trBp~a
Id om 'the qcmplainant shJiffay ten per'ce e, c 1 he
pay ten gar interest, uponthl sundot (j3ic d
ed. lesidez costs.'a nd~e 0e rtof l attihich
..the j w f re ht~s eKe-
"dj iti me .jk
.mn inspecting the records, may by their order, reinstate s
The injunction; Provided, they shall be of opinion the
same was improperly discharged or dissolved..
Sec. 26. Be it further enacted. That all suits in
chancery, which may .e brought against the heirs of
any decedent, where the names of such heirs are
known, may be brought aginist such heirs, whe-e the
names are unknpyvn to the complainant; Provided, that b
the complainant'before the emanation of any process,
or making any order against such heirs, do file in the
clerks office, with his or her bill, an affidavit, stating
that he or she does not knpw the names of such heirs.
Sec. 27 :,Be further -enacted, I'hat in all cases
where.t me of the heirs are known to the n
cOpmpl eare unknown, and in all cases 0
wxer anscasall know the names of some
ofthe heirs know whether 'here are o- c
others Fot, t shaltlb 1 awful for him or her to pro- p
ceedb ~6sg e a tToe who are kn
advertiseni against ~*i. who are unknown e
same manner -he or sitignt, if the nam alI
Sec.. .fiBe fhtw ia:a d tiff a cMmnlaihant
in change O
pear, the c
tinue the cause.
ial decree ofy
tion, Aiall render
(he legal lan
i judges of ct. ,'s
iuits in chance,
y an-ainst leirea
lames of some
t the heirs are
known & some
-* g*L1CU UUJen cop t
talling.of thbe case, shall fad to fails to prose,
fe def t also fail to ap- Qate, and def't
ii i enter either a fails to appear.
e ndant, or ..con-
eied, never a'fi Decree for con-
sip y jrisdc- an legal
title of lands, etc
d eing ece forppoit co.
ds, if th'e feidan or (efendants miuieners.
0 I -A
4o not, on or before the day mentioned in said degree,
'or making said conveyance, make or cause the same
to be made accordingly, the court may appoiint one or
more commissioners to make such deed. which when
made, shall vest the legal title in said complainant or
Sec. SO. Be it further enacted, That if any suit shall
When some of be depending, or hereafter commenced in any court of
the defendants chancery in this territory, against any defendant or de-
are out of the
Territory. *.nd fendauts. who are out of this territory, and others with-
others with n in the same, having in their hands eitects of, or other-
thesame having wise indebted to such absent defendant or defendants,
in their hands
effects of, rr o. and the appearance of such absentees be not entered,
otherwise Ini!ent and security given to the satisfaction of the court, for
edtosuch ab. performing the decrees, upon affidavit that such de-
en tocedetin pendants are out of the territory, the court may make
against. an order and require security, to restrain the defen-
dants in this territory from paying, conveying away, or
secreting the iebts by them owed to, or the effects in
their hands of such absent defenders, an4%tithat pur-
posa may order such debts tobe paid. and 'effects de-
livered to the said plaintiff or plaintiffs, upon their
giving sufficient security fot the return thereof to such
persons, and in such.manner as the court shall direct;
if the complainanj' iL or refuse to give sucb securityt y
-the effects shall remain injhe discreet thjldourt,
and shall be dis b iifsuch mann e they may
think just : Pr haf decree en-
tered, the cout r ~ement to be
made against I inow required by law
to be made agi ~sent defes r
Act to be in Sec. 31 .. it further d, cThat this act
force from the shall continie~at be in force" rom the 6rst day of
1st March next, .
other acts re- March next; .and the act re iting chancery proceed-
ealed. ings, passed July 23d, 1823, fanalithe act to amend the
,ct regulating chancery proceedings, gautsd Decesm-
ber 22d, 1824. and all other acts or parlp.of 'ades, re-
pugnant to the provisions of this,act, be antfthe same
are hereby repealed.
Passed, January 2d, 1827.
H. D. STONE,
President of the Legislative Council,
GEORGE E. TINGLE,. Clerk.
approveded, January 12th, 1827.]
,,WM. P. DUVAL.
governorr of the Territory of Florida.
Prescribing the mode of Criminal Proceedings.
Be it nacteled bl the Governor asl Legislative Couucil
f /,i Tertory of FlR a, That a~er any person shall
oe i!~tc r treason or felony, ifhe be not ~ldy in
custody,' ~ eriff or oaer officer, shall ibe'iinan-
ded.to attach his bodiyti writ or precept, called a
capius ; and ifhe return that the body is not found, a-
nother wrft or precept of capias, hall immediately be
made r unable (orthwith, in j the sheriff, or o-
th .r s a cso ie co to seize his chat-
te .. o o epthYj he return fhat th
body i Mn an th 6th not, an T-
Sec .. ft when the grand jury
sh~l hav rer t n risdic-
tion, a trains 9 with
on or o i court shali b offender to
Iewarraigned an, d at ie sai drfhe be in
the custeod 4f thej aer if he be d and foft.'
ed for treason
or felony, not in
and in custody
or bailed, trie4
Prisoner allow. comi, g.a to hiseopAi ri e,'tie essthqr
ed counsel to good ia* tra h exttLTrm au
assist him. a s hif he ireqir
shall allow u osist hkimif he TequiriM
Sec.'3. Ji A .enaa That whk y :
When prisoner ner committed for treason oiteiopy, shall lt3ao the
may be bailed, court the first day or the term, b. petifloito, ootio,
ahid shal desire to b6broughtto fas' rial before tie edil
of the term ; unless it appi a fidai t, tba(Clie wit-
nesses againiAtni can tai wproduceditilime, i he
courtshall set hea at li y, uponais giving bail in
such penalties, as they i nRa think MIasonable",'to ap-
pear before them at a day-to be appointed of the suc-
ceeding term. r '
S Sec: 4. -Baei further enai4 That 'very person
When riubnj elarged withiguch crime, who A o ,b.' ed l-
shall be is fgra or atthe second term after been
charge a frn commited, unless the attendanc-itnesses
ictment or tri- shall appear to. have been prevent8a byfb'l if. sha~b
at be discharged fro -lis imprinseqae ta e detained
for that cause only. And ifhefienot ITred *raoie
the tli~nl rm after his examination, he 'A foreve[
be discbged from the crimI'
Prisoner hive Sec. 5. Be itfurther enacted hat in tll trialsWor
copy of in'ict, .such offences,. theprisoner shall have a coja.f the in-
ment etc. dictment and of the p el of the jurors who are to try
him, whenever. h xae4re-eit.-: :;
.Sec. 6. Be it f enacted, That 'shallshe
y of the eldk 4 co where on, char-
c;erk shall is- ged with any.-ri eor he be "tried,
cue avenire fa- to issue a venire iff. other
cias-when the officer of the c ed or, other-
sheriffis ihe cosoter,
accused or4dis W iso.iS 4d l wfu
qualified. command monom m Ad lawful
men of the 0o atte d.in a case, s a venise
-H lore the the-firt' day f the term, or at
VaTh other time thejudge adriirecti M' the offi-
zer executing the said i.it shall also inake out pid re-
turn a panel of the jurors so s2siFlmon( ti
Sie: 7. Be It furAherc nacted,tT act.v'ie the sher-
itfaad pteoier shall be both implicai'td it 'lhe criminal When the sfue
clarke- wailierwise disqulified to act, or one only be- ianbde orhot
iog imilficated, the otier shall he related to him, it implicated.
shall be the'dutytdftbe court before whom the accus-
ed.is tbe tried, to a btsapnie impartial person to
summon aentire facias,o tlom the writ of venire fa-
cias shall beiaegerdigly y eted, a.ind who shall be
governed by t~iaamue lawsv,'ules and regulations, as in
such cases apply td-the sheriff coroner or ministerial
officer of the court.
Sec. 8.-KSe it turLhettacled,. That the venire so sum-
.onred af.reaid,~4r such of them as appear and be Jury, of whor t
no cj their with so nany other good and to c6nist.
I.LwLLu byestanalrs, being housekeepers,
within 0 i.rtory, as twill make the number
twlahe, a rS F.tPhaole,aiay be.*hallenged; twelveof
iutoeYy hders shall be a lawfuljury forlohe trial of a
Sec. :Be it f~tA r enacted, That wlienevei:. in Prisoner stand
trason or felony, an~ry rson shall stand mute' on his ar- ingm"ute, net
raignme pr persist, after beingedmonished by the KA3,ionsi
court, in not answering to his i ttment, or.in peremp- dered-as con-
torily challengiraabove-4, *of jurors, which victed
by t wed chall e torily,.he shl
be cons 0. v ictdia .me judge"
exechIti Pce and b'e a-
wardl, a by verdict or con-
fession of t
fa e oth ta dst Capias scire faL-
fa cia vhaof cias etc he n
fefidantt, orcan' ara of the retur whe
Territory, shall t a a l ble day ofl etur
next teri-snJess Ttreed by the brto bere
ed to some day of the term, on which it is awarded,
and they may issue to-any county in this territory.
'en: b1li found, Sec. 11. Be it further enacted, That when an in*
nd ,'ii'enlanft lictlment for a misdemeanor shall be found a true
iov. pioceeded bill." and the defendant or defendants shall. not be in
um nst custody of the officer, nor on bail, a venire facias shall
issue, to summon the defendant or defendants, to appear
'When court or. and answer such indictment; and if the defendant or
drcr ci;pias in
irs: instance defendants shall not appear on-the return of the venire
facias executed, a capias, alias capias &c. shall issue.
Provided however, that the court in case ofa heinous
nature, or where the defendant or defendants are like-
ly to evade punishment, may order a capias in the first
court sh-1 Sec. 12. Be it further enacted, That whenever a
iI:nc ie suMn capias shall issue on an indictment for a misdemeanor or
i0ni Ci:n dein- other crime, bailable by liav. it shall ie the duty of
l.:t allt bil the court to name the sum in which the defendant may
itttd b to e admitted to bail, which shall be endorsed by the
clerk on such capias, and subsequent process when it
issues. and when the officer shall a-rest such defend-
ant, be shall admit him or her oh bail. on his or her en-
tering into a bail bond to' the Governor, for .the 'time
,bcur.ties to be I'emn, and his successors; in office, to the use of the
%p':lroi cu by the
cr"br hle Territory, with two securities, to be approved of by
the officer, conditioned to be void upon his appearing
in court on the retursday of stih process, and surren-
dering himself or herself it custody ; :which bail bond
if forfeited, may be.preceeded oninjthe -same manner
as a recognizance of baivtaken before.bhe court. And
if it shall so happen, lithat the.ourj-hal -nol name the
sum in which tthefendant may be.J;admtteto bail, or
the clerk shall faiklt~iorse it,'thep siid process shall
be good in lawi0ihie"'defendant.o defendantss shall
be, admitted to Iai;jfi any judge- having 3urisdlction or
See. 13. Be if fwlther enacted, That if the sheriff w siff or o-
t' the county or the.minister'iglfficer-uf the i- lrt be tlhCr c, r def'
jefeiidant in a criminal proseton, or becharged th lerk to issue
being an accomplice or accessoijGn'any manner there- venire facias frc
to, or be related to the'defendant, the clerk shall di- jury, tote co-
rect the venire faci4s for the jury, to the coroner of the otea, unless i
county ; or if he be' subject to any of the exceptions
aforesaid, o. be absent 'shall direct the same to the
justice of tue peace ofelsk county, eldest in commis.
sion, who may uot be subject to any of the exceptions
aforesaid, and hho.has not en concerned in the trial
or commitment of the defepndnt. But nothing in this
act shall prevent th courts of criminal jurisdiction
from quashing or setg aside the array as heretofore,
for partiality o, Wlr oper conduct in the officer return-
ing the same ; ; in such case the court shall award
a new veniromi -for ajury, directed to such indiffer-
ent pers~ aDg they may name.
Sec. 14, it further enacted, That no judgement dgtment on
in'a prosecu tin, founded on information or indictment, not be arrested
shall beVirrested or ~eversed,.after a 'er"t tkheieon, for any defect
for any defect inforqgin such indictment i.,ig J ltion inform eoc
oi^verdict ; Provided. such indictment.ort.W i tion
shall substantially contain a sEfic charge o1pi of-
fence punishable by law ; R fDovided the verdict
shall substantially comlot i ll ith such charge, or
tijate rid' arts. theiof.
tlcte~iatlrdteA en t ha a petit oI a-
verse j a t of an inUlt-
menthor c part shall' s5- Where a petit
stantially fe1 oy, the defendant ofan indictment
ha b me charged, in trae
sue pa ng t i jury find
lart of an indi or info ",. and say "no-
thing as, to the re I eo 1 good in law
and talanasa fin ingofthe res r the defelant.
Siacec be Sec. 16. -Be it further" ena t a varia ebe.
Geen indict ,
ag.it & commit- tw .V .l enAtI .b'
uinttrnot errr in, greyi o ili :it not be etr
7enltaed J1at if beaore;-
Before swearing swearing of a uy'. I e trielf ,aindia t"nlit 'F 'f-
indictment be forjnation, it he abated, quashedlt aside or -% n bl
quashed'etc no proseq,.bk p tered thveon, it shS e no bar against
bar a gnstnew new proceedings .y indict or information. And
proceengs, the defendant orefen t e discharged,
Discharge be- bdt.shall be co 4td .oobraingrto the na-
fore Justice, no ture of the case, r nto be had a-
,bar to prosecu- against him, her or them, ny on charged with
I..d; again anyfelony, murder qr treasna, 11 be apprehended
and brought before justice of t peace, and dischaqe-
ged, it shall be no ba to his or he tg prosecuted
Sec. 18. Be it further eietcted, Tlr in -all. cases of
Cases of habeas application by habeas corpusto a couit.bjjudge, if he
crpud whee or the be of opiniophat the prisoner ha~ htreen ailty
proceedings de- ofany oy ',,, iu
atctleve-the ct. of any minde ..panor: FTelony, inmu r of "tiason,
or Judge shall which su risongr may be liableto.a trial2but tHat
not discharge, ths are so defec hat th prisoner
but remand to s V
custody, or ad- cai nel in custody, 'ter those proceed&
Mrit to bail. ingssiuhz court, ju or judgess shall not discharge the
prisoner, but allal a m or herto bail if the case
le a baiJable one, l ar tje court having juris-
cction of the case, n andkim, .to the' custo4yjpf
i fcer, to c to the prper 'c ty'or
n ,roceedE -
Eeme covert or which maybe .pay i~ -a wit-
infant bailable. esS fora y .eco~ni-
Recognizance dsb y li ch
ibrfeiteci how zance required nd ir such re.
proceedefi- cognizance th ings thereon shall
iut i. -be he same cases, t tbat4he scire
ftis shall also issueaginst and be served on'At f hu
)and of such feme covert.; and parent or guardian of
wuch minaint, before judgment shall be rendered against
i inner ofthejr,
si_. 20. Be Afuirther enacted,. That when the attor-
cly for the Territory conceives that any person or pert Recopnizanee
:ns may have forfeited a ogggnizance, by him, her or fl'@reit"d eow
!hem entered into, he may direct a scire facias on the -I r, tuo'vy hall
re ognizance, and the tiefiedaqt or defendants shall, at' proceed
the term to whiielsuchprocei.is returned executed, '
appear aid plea. and the.court shall proceed to gi'fte
judgment the same term, unless ,'4b1nmle foEt Pi%#
caqse shewn. And if the defendant' or defendants
ihaill.iut appear and plead, judgment shall be entered
against either 9f them.
Sec. 21 BeiiJurthtr enacted, That in empaneling
grand juries in the several courts of this Territory, the grand juries -
giand jury shall elect their foreman, who shall take the ,noa pro.
oau. prescribed by law, and all presentments and in-
dictments s4ll be returned .by. Ihe grand,,~ ; by i
their foreman. Ifa presentment, signed blyS "adif-l
an indictment, endorsed on.the same a trueM i4 'dbt
signed also by the foreman.
Sec. 22. Be itfurtherinacted ~ tte provislo 4i1f; Itshal! er.
of this act shall extend to all cri ~cases whatsIe- tc i, t all cri.
ver, which way hereafter arisi law dftt(fd-s
S er. tbe *ttftk4Where the de-
ney for te e on an. am mial
recognizanc-6.i fed, arid'~,- ap'
the defendant 5od p l eda 'pid, e person
and tender their. od person r wose fr whose, ap
appearance in court t 'ffa e rae ct
the duty of4he eourti 0- ire#;#p bound
anl order them into tsto unless new and sufficiett
I diven. a"nd tud d tiselha further 'pi eeaiggi
h1 ylid sr'(. ,'f'is.f. Vt .:
J'a;ed lit Jinuay 184. STO
President of the Legislalt'e Copaedl
RGE E. TINGLE ,CerF.,
[rpl .Jppr oe 'Ja 'i Il.'7,, i8't2y.j
W.M. P. DUlAL
oer or ole ter'rilo4r ol Florida
'To provide for the punishment om f crinc n nTMisdemeanr:.-
'' tBe' t ~r atl,! by the Governor ad2 LegisCtie Cort ;'.
v-il'ill mnrrder of the Territory of Florida, That if any person or per-
,,^',cdi wi So sois shall commit the crime of wilful murder, such per-
.', .on or persons shall, on beinr thereof convicted, suffer
'e .'t -B' t'ii 'le--cr enacted, That every presor: I -
. oi .. lble 1-, fi er e itcI for petit treason, shall in fituri-.
f. rn.-t s O ,O.- in fl, p oi cceelagaliBttand punished, as direc-
;1 m "ldder. .d., uliber i I,, 1" b1 wilful murder.
,. J..Bc I further enacted, That'if any person o:'
SasIan x ter' '.Orsos shaltlherearter comniit the crimb of voluntary
1ni she4-b ti r.:c mnalll.s, thte, and be thereof convicted, such person,
or ... .l j shall be pun' t8_ by fine, not exeeeding one thousand!
Srsdolr, or thirpi g not pxceediii fifty stores.
S '.' 4. e4 if tr.that ifyadp bn shall
o n t" ofnhiith 'crime r tt ri laughter, and
i ;;' i;be thereofcont edA persdnshal be fined not ex-
o' by shipping. ceeding six TWtuB re 'dHilars, or byv t'ippingnot exceed-
ing thirty nhe stripes. '
*" Sec. 5. Be it fnrlhtr enacted, ,that if any person or
persoorl;onpurpose, and fhcle aforethought, shall
unlawfully cut or bite off the ear or ears, or cut out 6i-
dliable the tongue, put out an eye while fitghfi, 1W, ao,- .::. .
otherwise ; slit the nose or lip, cut or bite offthe nose poulie.
or lip, or cut off or disable any limb or iimbcr of any
person whatsoever, shall be deemed guilty of mayhem,
and in every such case, the person or persons-.so offend-
ing. their counsellors, aiders and abettors, shall on con-
viction thereof pay a fine not exceeding one thousand
dollars, and shall receive not more than fifty lashes.
Sec. 6. Beit furthers enacted, Tfi~ltevery person Assault with ;n-
who shall asstiult another, with an intent to commit tcllt "0 conflii'
i ..n. ti ni trdler, rape oi'
murder, rape or robbery, shall on conviction thereofbe to, re., o-
fined a sum not less than three hundred dollars, or shall punished.
Ileceive not exceeding fifty lashes, and shall also give
security to keep the peace for the term of one year.
Sec. 7. Be it further enacted, That any person who Carnally knoi.
shall carnally and unlawfully know any woman against ains; her coo
her will or consent, and all persons who are accessory-:se.t, how pu.
thereto before the fact, shall be deemed guilty.of felo- shed.
ny, and upon due convictiontthereof shall suffer death.
Sec. 8. Be it further enacted, That ifa i per.-.'i shall arnaliy n i"..
1 in gand abSIu I *,
carnally know and abuse any woman childr, truder the any woman il;;
a2e of ten years, every ouch Carnal knowledge shall be uI r. ie a.e ,.
felony, and upon due conviction thereof, shall be. fined e" yVca', 1"..
three hundred dollars, or stand in the pillry t wo hour, puna
for three successive days, and receive thirty nine tash-
Sec. 9. Be it.frther enacted, That\if any person or
persons shall hereafter be gnlty of Etptriig or selling i or sei;
any frge person for a slave, knowing .'aiad persmrao pon for a'
sold to be ftfe. ttad sball be thereof legallyeonrictt, sfte, low pu)-
the person or persons so convicted &hall be fined not ex- 1. .
ceedingfive hundred dollars, and '#and in the pillory.
not exceeding three hours. .
Sec. 10. Be it further enacted, That every person -ho
shjll wilfully and malici6utly burn any dwelling housr
,,~tore, cotton house, 'gin or out house, or building ad-
r;ison, punished joining such dwelling house or store, shall le deemnad
,'with death. guilty of arson, and upon being legally convicted 'there-
of,.shall suffer death.
Sec. 11. "Be it further enacted, That if any person
shall wilfully burn any outhouse, barn, or stable, not
Wilfully 'bttn. miningg some dwelling house or store ; or shall burn
in:h ao oit-' Sat hovel, crib, cock, mow, or stack of hay, fodder, corn
Iloiise' bar ,t s I ".. .".
ble, hovel, crb, or'ran ; or sip1l be accessary to either of the said
stack of I i atfences, befor*'ife fact, shal .upon conviction there-
fodder &c. how o0 pay double the damages that any person may sus-
paj1ed. tain thereby, and shall receive not more than fifty lash-
i", ". ,,****
Sec. 12. Be itfurther enacted, That every person
who shall commit the crime of robbery, and be thereof
robbery, how ', &d convicted, shall be punished by a fine not exceed-
punished. i ing one thousand dollars, and whipping not exceeding
S.Se. ."13. Be it further enacted, 'hat every person
ivho shall commit the crime of burglary, and be there-
Bult.ry, how% of'dul': convicted, shall be punished by stan iing in the
punished. pillory for onie hour, and not more than three hours, and
a fine not exceeding five.hundred dollars, and whipping
*(ao less than fifty stripes.
StIc; 14. Be..t further enacted, That if any person o:;
Frdntously ta; POesons shall feloniously take any goods or chattels, out
king han ds of any church, chapel or meeting-house, belonging
&c. or robft, the-eto, or shgla'ob any person or ,persons in their
aay p. Bn dwelling housg or dwelling place.,; .the owner or
his davellimW dreller in thB sjud house,ar dwelling house, ordwell-
owner Ord de- -
crbeing wiM, -I places, hisivife children or servants then being
bh'yplnshtl within; and ppt in,fear or dread, by the same ; or shall
feloniously break apy dwelling house by day, and take
away any goods or chattels.being in any dwelling house,
thi-owner or any person being thergio, and put in fear,
iPch offender, his, her or their aiders, counsellors and
be~tto'l being thereof duly convicted, shaWl be fine&-
-ie ceding five hundredl dollars, and receiver not
more Than fifty lashes
Sec. 15. Be it further enacted. That if aa person or Steaiing, taking
i ~tons shall be convicted of stealing, taking and car- an carrying n.
trying away any money, goods or chattels, belonging to way any money
another, or aiding, counselling and abetting any one ]ior cheIshow
committing such offence, upon being duly. cuovictutil"
hereoff, he or they shall be fined not less than ifty,
nor more than five hundred dollars, M8geceive not less
-han ten, norifiore than fifty lashes. ?", :
Sec. 16. Be it furtherr enacted, rhat robbery ;or
simple larceny of obligations or bonds, bills obligatory
or ills of exchange, promissory notes for the payment
of money, or note*'or the payment of anyispecific pro- Ro-ery o,
perty, lottery tickets, papers, bills of credit, cotton nlds bil11 pr6
ceipts, or receiptss of any other name or nature, cer Xi-:,sso rotate
,cates granted by or under the authority of this Terrir-. m y tick.
ry or of the United States, or. of any ot them; s l. &c cuetshid as
e punished in the same manner, both as to,the pri la#rceuofjoods
)al and accessory, as the crime of simpi.fa rceny of ad,.ch&taU ..
goods and chI els.
Sec. 17. Be it further enacted, That it fyem
shall receive or buy any goods or clatteIVna~il e Rec i tp Ju.
feloniously taken or stolen. fr qn! their oSt-eror f'olen
know* the salM. to have been i, t rs aods harboring
or ebrll rereiv harbor ca t g acoiw ieves,
or thi,ves, knowing them' t be b hoeij: ior wh-
they lbing gu lly of either of the .'sa -ee .i
being legally .ou:victed,.shai' r ptore th .vopodjsso'
ceived, pr pay double the value Te'eoiV and thall re-
ceive not more.thbi forty tashei. j1'tw r' Z l-
Sec. 18.- Be st.Lf*rter "enacted, .at if any perqoM hOm~ t ing any
do feloniously take steal any horse, mare orgelig, d&f, ti, ISg
Ivtl er filly, as or muldthe poison so off~iding sal '
or mule, how pay a fine not exceeding five hundred dollars, aind be
punished. whipped not exceeding fifty lashes.
Sec. 19. Be t further enacted, That ifan~ on
Receving or or persons shall receive or buy any horse, ass orffe,
b anvhorse that shall have been feloniously taken or stolen, trom
an mule any other person, knowing the same to have been sto-
gi it to len. or shall harbour or conceal any horse or. mnite
leq, airboringor stealer, knowing him to have so offended, such person
concealng the shall be deemed and taken as an accessory to I'w h re-
thief. how pan. lony, and b)'-in of either of the said offences legally
ihed. convicted, shall be fined not mo~e than three hundred
dollars, and be whipped not exceeding thirty-nine lash-
Jh 'gthe prin-
not le taken so
as to be Irose-
cuted, the buyer
Wd receiver lia-
ble to prosecu-
cattle, cows, or
other horned a-
goats, how pun-
with fresh beef
'j account how
'::e t the same.
Sec. 20. Be it further enacted, That if any such
principal felon cannot be taken, so as to be prosecuted
and convicted of any such offence ; it shall ald may be
lawful to prosecute every such perSon or persons, but-
ing and receiving any such animnaast, aforesaid, stolen
by any such princip wfealon, knowing the same to haVe
been stolen, and on ennvico4n thcreG .such offender
shall be punished in the:ta.e manngg as if'the said
principal felon had been previously tried and convict-
Sec. 21. Be it further enacted, That if any person or
persons shall feloniously steal any neat cattle, cow or
other horncdanimal, except goats. and being thereor
convicted, shall pay a fine not exceeding two hundred
dollars, and shall receive not exceeding fifty stripess;
and any person who is seen with fresh beefin his pos-
session, and when charged with stealing the same," ccn-
not satisfactorily account hpw be got the same or.i.
duce and exhibit the hide therFpf, he or she shal U
deemed to have stolen the. same, an'd'n convictioiT,,ll
be.punished according to the provisions ofthis section.
Sec. 22. Be, it further enacted, That every pers.i
iqho shall be legally convicted ofsteaaing any hog, shbot"
pigisheepr goat, shall, for every such animal so sto- Stealinenny vhl
len, forfeit'and pay to the owner, double the value a10' pis, 'shecp
thereof, and shall be whipped not exceeding fifty lash- Junisheo.
es,-aif'Stand in the pillory one hour.
Slt. 23. Be t further enacted, That every person Altering or de-
who shall be convicted of altering or defacing the t:cing marks or
-brands &c with
marks or brand of any horse, mare, colt, mule, ass, out e consm'
neat cattle, hog, sheep, or goats, not being his own of the owner.
property, and without the consent of the owner. shall ho:v punished.
for every such animal, whose brand or mark, shall have
been soaltered or defaced, be fined not exceeding
t:'- hundred dollars, and receive not more than one
Sec. 24. Be it further enacted. That if any person Any person mar.
shall be convicted of having marked or branded, with kini, or brand-,
his mark or brand,'any unmarked or unbranded horse, ing an:t horse
mare, colt, mule, ass,. cattle, hoo, sheep or goat, ,,"t being his
aot being his own property, and without the consent of property, how
the owner, the person so offending, shall pay a fine not punished.
exceeding one hundred dollars, anafreceive not more
than fifty lashed '
Sec. 25. Be itfurther"n'acted, That afny person or
persons who shall commit any fraud, in the packing or Fraud in pat'
Laiiing of cotton, by placing good cotton on the outside mg or bailing
of uclf bail. (commonly.called plating) when the infe.- on,howopur~
rior thereof is composed of inferior cotton, or by pdt-
tingand mixing with the cotton contained in any bail,
dlrt,;tones, or-any other substance or'material than
giB9lcotton, shall on conviction thereof be fined not
Exceeding five hundred dollars, for every such offence.
:,Sec. 26. Be it further enacted, That whosoever
ing married, shall,.ie first husband or wife (as the
st e may be) bina alive, marry any person or persons, Marrying, the
O" being thereof egally convicted. be fined not ex- first husband or
'ceting one thousand dollars; Provided, that nothing W f~e
6incj contained, shall extend to any person or person,
whose husband or wife shall 1ie continually remaining
bevoid ime seas. for tne space. of seven years togeth-
er, or whose husband or wife shall absent him or ner-
Where husband: self. the one from the other, for the space of seven
or wife reman'r years together. iii any part within the United IStAte, oi
7 years beyond Americ; or elsewhere. the one of them not knowing
the seas or ab-
sent him or er the other to be living within that tine. aad if the said
selfseven year., offender be a woman, she shall, on conviction, forfeit
in any part OT her claim to dovbr of the estate of her .first husband,
the U. state. an i also.her distributors share of his personal estate,
Proviso. which she would be entitled to, if he had died intes-
tate and she had survived him : Provided, that nothing
Where : nv Iper herein contained shall exteria to any person or persons
son i 0nvorc,.i that shall beat the time of such marriage divorced by
by lawful a'tho- laiful authority, or to any person or persons, where
4ty. or nIarrv of t,
within the age te former marriage hath been. or herefnter' shall be
consent by lawful authority declared to be void and ot'no effect,
nor to any person or persons for or hy reason o;' any
marriage hid or made, or hereafter to he had or made.
within the age of consei. .
ti'fde offendcr Sec.' 27.tBe it fur',her enacted, That if such offender
be i mai, ;.is be aman, his first wife shall on his conviction, oe
firet wife 'shall forthwithpb dowed ofone third part ofi is real estatec
be tnrinwed i *lfi-she shall hold as tenant in' dower the assignmen-:
part ofa thi rd of which shall be made as prescribed by .iawv, and shn-
itte. shall alsoon his. con~ctiwn, be, forthyjitth. entitled tc
Sthidd part o is ,e'ronatl ema te ,. ithe same man-
i's itsuch 4ldhaq died ine a Le, and she had
iP a- v y rt or persor af f burn any. court house, orcoun-
house, prison, _'or Outiishe P i e or.the C'eitdll Of this Territory-
capitof tr e or any public offic..-ontained therein, or any pulli:"
pbaerric.fry or bcethis 'erritory',qf any kind -whatsoever, sucL
bow punished, person or pe'"-is -hisoaiders and abettors, or either o:
them, being legally aDBvicted, shall be fined not (;
feeding one thousand dollars, and stand in the pillory
not less than one hour, nor more than four hours, and
receive not more than one hundred lashes
Sec. 29. Be it further enacted, That all and every
person or persons who shall unlawfully and corruptly,
procure any witness or witnesses, by abetters, rewards Unlawfully an'd
o corruptly pro-
or promises, or by any other means whatever, to cor- curing witness.
mit any wilful and corrupt perjury, in any matter or es'by letters; re-
cause whatsoever, now depending, or which may here- wards or pro-
afier he depending, in any suit or variance by any writ, miss ato cmmi
action, hill, complaint, or information in any wise tou- rupt perjury,
ching or concerning any lands, tenements, heredita- how punished~
ments, or an:y goods, chattels, debts, or damages in
any of the courts of this Territory, or shall unlawfully
and corruptly procure, and subpoena any witness or
witnesses who shall be sworn to perpetuate testimony,
or who shall be sworn in any cripiinal prosecution, or
in any examination or controversy, before a justice of
the peace, or before any commissioners appointed to
take depositions, or any other person authorised to ad-
minister an oath upon a question there legally depen-
ding before them, then, every such offender, or offen-
ders. shall for his, her, or their said offence,':being
thereof legally convicted, be punished by exposure
on the pillory for two hours, a finenot exceeding one
thousand dollars, and shall receive not more 1than,fifty
Sl e. 30. Be' further enac4f, That ifany petsonor
personseither bX-ubornation, ur4awful procurement,
sinister persuasion, or means ofynyO'tiSer kind,or'by Perury,ho6
their o:n act, consent or agreement, wilfully and cor- punished,
ruptly commit any manner.of wilful perjury, by his, or
their deposition or testimony in any of ethe courts of
this Territo-y, or before any justice of the peace, ot
before any commissioner appointed to take depositions,
or before any person authorized to administer an oath
than a dwelling
house, with in-
tent to steal, or
fromn, how pun-
Death caused in
self defence or
kill any person,
in arresting for
treason or felo
ny. or in the
l W'ul defence
upon a question, then legally depending before them,
or being examine 1 to perpetuate testimony, every per-
son or persons so offending, and being thereof legally
convicted, shall be punished by standing in the pillory
for two hours, and receive not exceeding fifty lashes,
and also pay a fine not exceeding five hundred dollars.
Sec. 31. Be it further enacted, That if any person shall
be convicted of entering or breaking any house, other
than a dwelling horse or its appurtenances, with an in-
tent to steal, or after entering or breaking said house,
stealing therefrom any money, goods, chattels, wares,
merchandize, or any other thing or things of value
whatsoever, such offender shall be punished by a fine
not exceeding five hundred dollars, and whipping not
exceeding thirty-nine lashes.
Sec. 32. Be itfurther enacted, That upon all indict-
ments of or for the death of any person or persons, if it
be found by a verdict of the jury, that the party indict-
ed, killed the person or persons, for whose death, he,
she or they is, are, or shall be indicted, in his, her or
their own defence, or by misfortune, then and in every
such case, the party sofound by a verdict to have kill-
ed the person or persons, for whose death, he, she or
they is, are, or shall be indicted, in his, her or their
own defence, or by misfortune as aforesaid, shall be
thereof, and for the same, fully acquitted and dis-
Sec. 33. Be it further enacted, That upon all indict-
ments of or for the death of any person or persons, if
it be found by verdict that the party indicted happen-
ed to kill the person or persons, for hose death, he,
she or they, is, are, or shall be indicted, in attempting
or endeavoring, by any lawful ways or means, to ap-
prehend, take or arrest, the same person or persons,
for any treason or felony, lone or committed, or here-
fFter to be done and committed, or in the lawful de-
fence of his, her or their husband, wife, parent, child,
master, mistress or servant, or in suppressing any riot,
or in keeping and preserving the peace, or in lawfully
chastising or correcting his, her, or their child or ser-
vant, then and in every such case, the party so found
by verdict to have killed the person or persons, for
whose death, he she or they is, are or shall be indicted,
shall be thereof and for the same, fully acquitted and
Sec. 34. Be it further enacted, That any person or
persons legally convicted of writing or publishing a li-
bel, shall be fined not exceeding one thousand dollars.
Sec. 35. Be itfurther enacted, That in every pro-
secution for writing and publishing a libel, it shall be
lawful for the defendant upon the trial, to give in evi-
dence in his defence, the truth of the matter contained.
in the publication, charged as libellous.
Sec. 36. Be it further enacted, That no person shall
be appointed to, or exercise the powers, or perform
the duties, of any office of trust or profit in this Terri-
tory, who has been, or shall hereafter be convicted of
bribery, perjury and forgery, and all laws and customs
relating to, or in any manner respecting the benefit of
clergy, are hereby abrogated, and made null and void.
Sec. 37. Be itfurther enacted, 'hat if any person
or persons shall forge or counterfeit, or cause or pro-
cure to be counterfeited, or shall wilfully aid or assist
in the forging or counterfeiting, any gold or silver coin,
which now is, or hereafter may be passing, or in cir-
culation in this Territory ; or shall falsely alter, pay
or offer, or tender in payment, any forged or counter-
feited coin, knowing the same to be forged or counter.
feited, every person so offending, and being thereof le-'
gally convicted, his aiders and abettors, shall be pun-
ished by standing in'the, pillory one hour for three suc-
cesive days, and receive not exceeding fifty lashes..
of husband, wife
&c. or in la-vfuli
ly chastising a
child or servant,
Writing or pub-
Truth of the
in cases oflibel.
ted of bribery,
perjury or for--
gery, to hold no
office of profit
or trust in the
Benefit of cler.
Forging or coun
or silver coin-
paying or offer-
ing to pay in
such coin, how
Sec. 38. Be itfurther enacted, That if any person or
persons shall falsely make, alter, forge or counterfeit,
or cause or procure to be falsely made, altered, forg-
ed or counterfeited, or shall wilfully aid or assist in the
false making, altering, forging, or counterfeiting, any
letters patent, gift, grant, covenant, bond, writing ob-
ligatory, note of a bank of any one of the United States,
or of any bapk established by law, in any one of the
said States, or bank of any Territory of the United
Alter, forle o States, or any bill or order, cotton receipt, receipt for
ters patent, gift, the payment of money or other article of value, pro-
grant,covenant, missary note, bill of exchange, or acceptance thereof,
not ef a bank, will, indenture or deed, or any instrument of writing
bill, order, cot.
ton receipt, bill whatever, to secure the payment or delivery of money,
of exchange, or other article of value, or in discharge of any debt,
deed &c. or of- or demand, with intention to defraud any person or per-
fering such in
pledge, ex- sons, or any corporation or body politic ; or shall utter,
change &c. how put off or offer, or cause to be uttered, put off, or offer-
punished. ed in payment, exchange, pledge, or for sale. any such
false, forged, altered or counterfeited bond, writing
obligatory, note of a bank of any one of the United
States, or of any bank established by law in any one of
the said States, or bank of any Territory of the United
States, or any bill, or order, or acceptance of such
bill or order, cotton receipt, or receipt for the payment
of money, or other article of value, promissary note,
bill of exchange'or acceptance thereof, will, indenture
or deed, or any instrument of writing or obligation
whatever, to secure the payment or delivery of money
or other article of value, or in discharge of any debt
or demand, with intention to defraud any person or per-
sons, corporation or body politic, knowing the same to
be false, alteTed, forged or counterfeited, and shall be
thereof convicted, every such person, their aiders and
abettorss, shall be pushed by exposure upon a pillory
for one hour, three successive days, whipping not ex-
ceeding one hundred lashes, and be fined not exceed-
ing the sum of tive hundred dollars.
Sec. 39. Be it further r cnacted, 1'hat ifany person
shall knowingly, maliciously or fraudulently, cut, fell,
alter or remove, any certain boundary tree. or other
allowed land mark, to the wrong of his neighbor or other
person, he or she shall on conviction, be punished by a
fine not exceeding li\ e hundred dollars.
Sec. 40. Be it further enacted, That if any person
or persons shall knowingly or wilfully obstruct, resist
or oppose, any officer of this Territory, in serving or
attempting to serve, or execute any mesne process or
warrant, or any rule or order, of any of the courts of
this Territory, or any other legal or judicial writ. or
process whatsoever, or shall assault, beat or wound a-
ny officer or other person duly authorised, in serving or
executing any writ or process whatsoever, every per-
son so knowingly and wilfully offending, shall on convic-
tion thereof, be punished by a fine not exceeding five
Sec. 41. Be it further enacted, That if any person
or persons shall, by force, set t liberty or rescue, any
person or persons, who shall be found guilty of any ca-
pital offence, or rescue any person convicted of any
capital crime, going to execution, or during execution,
every person so offending, his aiders and abettors, be-
ing thereof duly convicted, shall pay a fine of one thou-
sand dollars, and be imprisoned for the term of twelve
Sec. 42. Be it further enacted, That if any person or
persons, shall directly or indirectly, without the know-
ledge of the keeper, convey any instrument, tool,. or
other thing whatsoever, to any prisoner, or into any
prison, whereby any prisoner might break the prison ;
every person so offending, and being thereof legally
convicted, shall be punished by standing in the pillory
'!'o cut, fell, al-
el r re ove.
ailv oullt' r'y
tree or land
mark, how pun-
Resisting or' op.
posing. any offi.
cer in serving
or executing a.
ny i;tsne pro-
&c. ,r assault-
In. or beaLngx
any ficer, how
Set at liberty or
rescue by force
any person gui-
ty 'f a capital
tool or instru.
ment to any pri-
he n.:glit break
the irisoti, how
Jailor or prison
int any rrison-
er to escape,
Shoeing at and
tin- or stabbing
ing poison with.
out killing, how
Making a hol.
in any vessel in
&c how punish.
Setting fire to
any fence or en-
two hours, and pay a fine not exceeding five hundred
Sec. 43. Be it further enacted, That if any jailor or
prison keeper shall voluntarily suffer any prisoner,
committed unto him, to escape, he shall suffer and un-
dergo the like pains and punishments, as the prisoner
soescaping, should or ought,.by law to have suffered,
and undergone, for the crime or crimes wherewith he
he stood charged, if he had been convicted thereof.
Sec. 44. Be it further enacted, That if any person
shall wilfully and malaciously shoot at, and wound,
without killing any person, with a gun or other instru-
ment, loaded with a leaden bullet or other hard sub-
stance, or shall wifully and maliciously cut or stab any
person with a sword, or other deadly weapon, with an
intent to kill, if the person so stabbed, die not there-
by, or shall wilfully and maliciously administer poison,
if death do not ensue thereby, to any person, such of-
fender, his aiders, abettors, and counsellors, upon be-
ing thereof legally convicted, shall be punished by
whippingnot exceeding fifty lashes, or by fine not ex-
ceeding three hundred dollars.
Sec;. 45. Be it further enacted, That if any person
shall make, or assist in making, a hole in any vessel in
distress, or stealing any pump materials, or shall steal
from on hoard any vessel lying or being within the ju-
risdiction of this Territory any goods, chattels, or mo-
ney, and such person being thereof duly convicted,
shall be punished by whipping, not more than fifty
stripes, and fined not exceeding two hundred dollars.
Sec.46. Be it further enacted, That if any person
shall wilfully and maliciously set fire to any fence or
fences, enclosure or enclosures, or cause and procure
the same to be done, he or she shall, on conviction, be
sentenced to a fine, not exceeding three nundred do!-
:ars, and imprisonment for a term not exceeding four
Sec. 47. Be it further enacted, That if any person breaking orde.
or persons shall unlawfully and maliciously break down, staying any
open, cut through, injure, or destroy any bridge, river, bridge, river, or
or meadow bank, rice dam, mill dam, or any other meadw bank
rice or mill dam
dams or banks, every such offender his aiders, abettors &c. huw punish
and counsellors, upon being thereof legally ( convicted, ed
shall be punished by a fine, not exceeding one thousand
dollars, or by whippingnot exceeding fifty lashes.
Sec. 48. Beit furtherenacted, That if any person rli noting byfire
shall hunt by fire light in the night time, wiith a guin or n a'ht.d kill-
other fire arms, and shall, while so hunting, kill any .,,g any horse,
horse, cow, hog, or cattle of any kind, being the 'pro- 'ow &c. the
perty of another, such offender, upon being duly con- pro e 'y of a-
victed thereof, shall be fined double the amount ofthe punished.
value of the property so killed or injured.
Sec. 49. Be it further enacted, That the manner of Manner of in-
inflicting the punishment of death shall be, by hanging fteting the pun-
t' ishment of
the person convicted, by the neck until dead, ind no death.
offender shall be executed more than forty, nor less
than twenty days after the passing of such sentence.
Sec. 50. Be itfurther enacted, That all fit es and for.
features, which may be recovered by virtue of this
act, shall be collected and paid, by the sheriff or feituresto he
ministerial officer of the court where said offender paid into the
may be tried, into the Territorial Treasury, and ac- territorial tree
counted for in the same manner, that public taxes are sury
or may be accounted for; and whenever the court be-
fore whom any offender, or offenders may be tried and
fined by a verdict ofa jury, shall be of opinion that
such offender is or are unable to pay the fine so in- Offenders una-
flicted, and that his or their imprisonment will operate bie to pay the
fine, the Court
to increase the public expenditure ; the said court are autotho;,. to
hereby authorised and required to discharge him, her discharge from
or them from custody. custody.
Fine or punish Sec. 51. Be it further enacted, That in all prosecu-
ment not t, be tions for offences of either a capitol or inferior nature,
greater than as.
sessed by the no person shall, on conviction, be fined in a greater
jury. sum, or undergo a greater punishment, than shall be
assessed by the verdict of the jury trying such person
Sec. 52. Beitjurther enacted, Thatthe lands, tene-
Lands, tene- ments, goods and chattels, of any person or persons,
n ents, chattels convicted of any crime or misdemeanor, shall be liable
&c. ,ofa person and subject, in preference to all other demands what-
convicted of a
crime: subject ever, except dower and jointure; in the first place to
in preference to the discharge of the expenses incurred by the Territo-
all thpr.. ry or County, inthe prosecution and conviction of such
dwer first offender ; and in the next place to what reparation or
expenses incur- restitution may be adjudged to the injured party ; and
re.l by the Ier- if the estate of the persons shall be incompetent to the
ito, or county, said purposes, then in that case, after deducting the
and secondly to
the party injur- expenses of prosecution and conviction as aforesaid, the
ed. surplus if any. shall go towards making reparation to
the party injured.
Every otherfe- Sec. 53. Be it further enacted, That every other
ded for punih- felony whatever, not provided for by this or some other
ed at the discre- act of the Legislative Council, shall be punished by fine
tion of the Jury and imprisonment, or by stripes, at the discretion of a
s Sec. 54 Beit further enacted, That all persons in-
ed allowed t- dieted for any of the offences mentioned in this act,
remptory chal- shall be allowed peremptorily to challenge twenty of
lenge of the Ju- the jury, without assigning any reasons therefore, and as
ry. many more of the said jury as he can ass'gn a sufficient
Foreigners al-' Sec. 55. Be it further enacted, That any foreigner,
lowed aJur, de not a citizen of the United States, indicted, under the
mediatate lin- provisions of this act, shall be allowed a jury de medi-
gue. atate lingue, if he require the same.
Sec. 56. Ind be it further enacted, That the act to
define crimes and misdemeanors, and to prescribe pun-
ishments for the same, parsed December the 28th,
1824, be, and the same is hereby, repealed.
Passed 13th January 1827.
H. D. STONE,
President of the Legislative Council.
-EORGE E. TINGLE, Clerk.
LIpproved, January 19th, 1827.]
WM. P. DUVAL,
governor of the Territory of Florida
Regulating and defining the duties of Constables.
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That there shall bo appoint-
ed by the County Courts a sufficient number of consta-
bles for each county in this Territory, and before they
enter upon the duties of their office, they shall exe-
cute bond with two or more securities, to be approved
of by the Judge of the County Court, and to be filed in
the Clerk's office of the county where such consta-
ble may reside, in the penal sum of five hundred dollars,
conditioned for the faithful discharge of the duties of
his said office, which bond shall be payable to the Go-
vernor for the time being, and his successors in office,
and the said bond shall not be void upon tho payment
of the penalty, but remain in full force, and the said
constable and his securities shall be liable to any suit
for neglect or malfeasance in office.
Sec. 2. Be itfurther enacted, That every constable,
before he enters upon the duties of his office, shall
in open court, or before some justice of the peace,
Act to define
crimes and mis-
sed Dec. 2S.
to appoint con-
stables, to give
bond and sao
Oath to be ta. make oath or affirmation, that he will support theti-
sl b the c. n stitution of the United States ahd the laws of the Ter-
ritory, also that he will do right, as well to poor as to
rich, in all things belonging to his office as constable,
and he will do no wrong to any man for gift or reward,
nor.for favor or hatred, and that in all other cases he
will truly and faithfully execute the duties of his said
office, according to the best of his knowledge and pow-
er, sohelphin God.
Sec. 3. Be it further enacted, That no constable
shall return, upon any precept to him directed, that
the defendant is not fouird within his district, unless
such constable shall have been actually at the place
precepts direct of residence of such defendant, and not "finding him,
stable. shall have left a true copy of the 'recept, or unless
sucJ defendants place of residence is unknown to such
constable, and no constable shall be compelled to re-
ceive a precept of any kind, against any defendant,
who is known to be out of his district, (except itbe for
the Territory ;) but if any constable shall voluntarily
receive such precept, he shall be accountable for the
same. in the same manner as if within his district.
Sec. 4. Be it further enacted, That when any war-
rant, attachment or subpoena shall be put into the
hands of any constable, and such constable shall not re-
Constable nt, turn it to the justice of the peace who issued the same,
returning war- or to some other magistrate of his county, (as the case
rant within .o may require) within thirtv days from the day of issu-
da~s. -ing the same, such constable shall forfeit and pay to the
party'injured thereby, the sum often dollars, recover-
Duty of th able by motion before a magistrate, in the. same man-
constable when ner that money may be recovered under this act, from
any .lustiee a constable failing to pay money on execution. 'When
bhali vacate his any justice of the peace shall vacate his office by death
otffee by death
6v otherwise. or otherwise, it shall be the duty of the constable in
whose hands any-process of any nature whatever is-
sued; by such justice of the peace, may be, to return
-he same to any otherjustice of the peace for his coun-
ty, withi. the time prescribed by law, under the same
penalties as for failing to return, as if no such vacation
had taken place.
Sec. 5. Be it further enacted, That the County
Court, a in ijority of all the members thereof being
present shall have power, on complaint being made. to
dismiss any constable from office, for failing to do his
duty, or for malfeasance in office, having (on applica-
tion of any person who may think himself injured) given
tendays notice to such constable, to appear and make
his defence. It shall nevertheless be the duty of such
constable to return and account for all papers of every
kind that he may have officially in his hands at the
time of his dismission, in the same manner as if he were
in office, and the person who may apply to the cotwt
for the dismission of any constable, shall pay all legal
costs, in case he shall fail in his prosecution, eithe. by
discontinuance or judgment in favor of the constable,
and if the constable be cast he shall pay the costs.
Sec. 6. Be it further enacted, That when the security
or securities of any constable in this Territory may
think himself or themselves liable to sustain any injury,
loss or damage, in consequence of such securityship,
the County Courts respectively, or the judge of the
County Courts in vacation, on the motion of any such
security, shall rule suckconstable to give counter se-
curity, ten days notice havinXgeen given in writing.
Sec. 7. Be it further enacted, That if any constable
shall fail togive such security, being ruled thereto by
the court, or by the judge as aforesaid, the court shall
forthwith dismiss such constable from office.
Sec. 8. Be it further enacted, that it shall. bU the
duty of the constables respectively, tq apprehend and
bring to justice all felons and disturbers of the peace,
and in all cases where the party arrested or apprelend-
ed by a constable, for a riot or breach of the peace,
Power of the
to dismiss acon-
Duty of the
constable to re-
turn all papers
On motion by
the security of
court may or-
der counter se-
ing to give se-
Duty of the
constable in ap-
and on trial shall be fourd guilty, the justice before
whom suce offender shall be tried, shall enter upjudg-
ment for the cost, and issue execution for/ the same im-
mediately, and deliver it to the constable on which
there shall be no replevin.
Sec. 9. Be it further enacted, That when any proper-
ty shall be taken by the constable by virtue of his of-
fice, he shall, on the person or persons from whom such
Security for the property may be taken, giving bond with-sufficient se-
forth coming of curity for the forthcoming of such property on the day
property* of sale, suffer the property to remain in the hands of
the debtor, but when such person shall fail or refuse to
give such security, and the property shall consist of
live stock, the constable shall take care of the same,
Notice between and allowance shall be made him out of the money a-
the time ofexe- .
cuing and sel- rising from the sale of such property, to be judged of
ling property. by the justice to whom the execution is returned.-
There shall not be more than thirty days between the
time of executing and selling any property, taken by
Where proper. virtue of an execution by a constable. Fifteen days
ty to be sold. previous notice shall be given of the time and place of
sale, by advertising the property (specifying each ar-
ticle) at the most public place or places in the neigh-
borhood, where the person from whom such property
was taken resides, and the said property shall only be
sold on the day the magistrate may hold courts, and at
the place where such court is hAd.
Sec. 10. Be itfurtheAnacted, That where any bond
shall be given for the delivery of property, and shall
not be complied with at the day of sale, the constable
shall return the bond to the justice who issued the ex-
Bond for the ecution ; if such justice be still in office, if not to the
delivery ofpr most convenient justice, and it shall be the duty of
perty, not com-
plied with, such justice to whom it is returned, on application of
the plaintiff or his or her agent, to issue a new execu-
tion, including all costs, on whioh no security shall be
Sec. 11. Be it further enacted, That constables
shall, at or before the day of sale, suffer the debtor,
his agent or attorney, to replevy the debt, interest and
costs, for three months, by giving bond and sufficient se-
curity, payable to the party at whose suit the execu-
tion issued. The condition of a replevin or forthcom-
ing bond shall specify separately, the debt, interest
and costs, and constables fees, and when execution
shall issue thereon, the justice of the peace shall en-
dorse no security of any kind to be taken," and no
execution put into the hands of a constable shall be
made returnable in more than ninety, and less than
Sec. 12. Be it further enacted, That no constable
shall hereafter serve any warrant, or levy any execu-
tion or attachment, wherein he,has had, or may have
an interest in the debt or demand, whereon the same
shall be founded, under thepenalty of twenty dollars
for every such offence, recoverable by motion against
Sec. 13. Be it further enacted, That the several con-
stables in this Territory, shall have full power and au;-
thority to levy any execution or attachment, or to serve
and execute warrants or other process, any where with-
in the limits of his county ; it shall not be lawful for
any constable to bid at his own sale, when he is sel-
lingany property by virtue Qf.an execution, and any
constable so offending shall f9lfeit the sum of ten dol-
lars for such offence committed.
Sec. 14. Be it further enacted, That any constable
receiving any writing obligatory, or account for collec-
tion, and who shall collect the. same without eiecu-
tion, the same proceedings maybe had against him and
his securities, as could or might be had against such
constable and his securities, for monies collected by
tim on execution,
Debtor may re.
plevy the debt
for thee months
Condition of a
not serve any
in he has any
interest in the
have power to
etc. within the
limits of his
Shallnot bid at
his own sale.
Constables fail. Sec. 15. Be it further enacted, That if any constable
in to state i shall fail to state in the body of any receipt by him gi-
the body of a
receipt, amount ven to any defendant or defendants in an execution, the
actually paid, amount actually paid, he shall forfeit and pay to such
defendant or defendants the sum of ten dollars, reco-
verable before any justice of the peace.
Sec. 16. Be it further enacted,' That any constable
Constable col. collecting money by virtue of any execution or order
lecting money ofsale, issued from any justice of the peace of this
and failing to Territory, -and failing to pay the same over when cal-
the same led on, it shall be lawful for the party entitled to such
money, to move against said constable and his securi-
ties, before the justice of the peace who rendered
the judgment, and upon his absence resignation or ra-
moval from office, then the party aggrieved may move
against said delinquent constable and his securities be-
fore some convenient Justice of the peace, by giving
hirt and his securities, or either of them, ten days no-
.tice in writing, of the intended motion, and the said
Justice of the peace shall enter up judgement for the
amount thereof, together with ten per cent damages
-a"id costs, and issue execution therefore, which execu-
tion shall be acted on by some other constable of the
county, and on such execution the justice of the peace
shall endorse no security of any kind to be taken,"
and the constable to whom such execution shall be
given, shall proceed to collect the same from the for-
mer constable, his security or securities.
Constable fail- Sec. 17. Be it further enacted, That whenever
ing or refusing an execution is put into the hands of any constable in
to return tth this Territory, and he fails or refuses to return the
in 20 days, same within twenty days from the return day of said
execution, he and his securities or any of them shall
be liable for the amount thereofto the person in whose
name the execution issued, with ten per cent dama-
ges thereon, to be recovered in like manner upon mo-
non, as other moneys are recovered in the preceding
section of this act.
Sec. 18. Be it further enacted, That every consta- Constable to
ble in this Territory shall hereafter give bond and suf- give security
ficient security once in every two years, or forfeit his yea very two
Sec. 19. Be it further enacted, That this act shall be Act when in
in force from and after the first day of March next, and force,
all acts or parts, inconsistent or repugnant to the pro-
visions of this act, shall be, and the same are hereby
Passed January 16th 1827.
H. D. STONE,
President of the Legislative Council.
GEORGE E. TINGLE Clerk.
[J.pproved January 19th 1827.]
W. M. P. DUVAL,
Governor ofthe Territory of Florida.
To amend" an act to authorize the appointment of Justice of the
Peace and defining their powers
Be it enacted by the Governor and Legislative Couucil Jurisdiction of
of the Territory of Florida, That 'hereafter, Justices justices of the
of the Peace in the several Counties of this Territory, peace.
shall have exclusive original jurisdiction of all sums,
not exceeding fifty dollars exclusive of costs and inter-
ests, founded on any speciality bill or note in writing
Sec. 2. Be itfurther enacted, ,That it shall not be law-
ful for bjustied of the peace, to issue any warrant in a- When Justice
ny civil ease, except on personal or written application rant in civil w
of the pl4iintiff, his agent our attorney, toihim, or the ses,
filing with himn the bond, note, or some other writte i
speciality, as evidence of the debt.
Special bail Sec. 3. Be it further enacted, That whenever any
whenrto be or- plaintiff, his agent or attorney, shall make oath or at-
dered. tirmation before said Justice, of the debt demanded,
and that he verily believes that he will be in danger
of losing the same or some part thereof, if the defen-
dant or defendants, be not held to bail, it shall be his du-
ty to issue his warrant, and endorse thereon that spe-
cial bail is required, and the officer upon executing
the same shall take bail indorsed upon the warrant, in
the following words, to wit: I, A, B, do hereby agree
to be special bail for the within named C D, witness
my hand and seal this day of
and on the defendants failing or refusing to give such
bail, the officer is hereby directed to commit him, her
or them, to the jail of his county, until he, she or they
shall give such bail, or be otherwise discharged by
due course of law. And the officer for taking such
bail shall be entitled to twenty five cents, to be taxed
*a the bill of costs.
'Sec. 4. Be it further enacted, That the justice of the
Keep hook of peace shall keep a book in which he shall record all
record, not his proceedings ; and all justices of the peace shall be
serve on grand exempted from serving on grand or petit juries.
or petit Juries,
Sec. 5. Be it further enacted, That each justice, or
Shall deliver other person who may have possession of their records,
an attested co shall on application of any person, deliver to such per-
py of record
when required, son a fair copy, attested by him, of any record of the
proceedings of such justice ; and for failing so to do,
without reasonable excuse, shall forfeit to the party
so applying, ten dollars, to be recovered by warrant.
hen either Sec. 6. Be it further enacted. That in all cases tried
part shall re- and determined before a justice, where the matter in
vnire a Jury, controversy shall be above five dollars, if either party
shall require a jury, the justice so trying the cause,
shall by warrant authorise the constable or other affi-
cer, to summon ajury, possessing the same qualifica-
tions as jurors in the Superior Courts, and subject to
the same exceptions or challenges, to appear before
saidjustice at the time and place in such warrant di-
rected, and if a sufficient number of those summoned
shall not appear, or, any of those, appearing shall be
challenged and set aside, and the deficit shall be sup-
plied from the byestanders, or such others as the offi-
cer can procure ; the justice of the peace shall pro-
ceed to charge said jury on oath, i ell and truly to try
the cause submitted to them by the parties: and a true
verdict to render according to the evidence ; and said
justice shall preside over said trial, preserve order
and decorum, and determine questions of law arising
out of the cause submitted to him by either party ;
and shall renderijudgment agreeable to the veglict,
when returned to him by saidjury.
Sec. 7. Be it further enacted, That said justice of
the pecae shall further have power to fine the consta-
ble or other officer, in any sum not exceeding five dol-
lars, for failing to summon said jury agreeably to the
warrant issued for that purpose ; and shall also inipse
a fine on delinquent or disorderly jurors, in any sum not
exceeding five dollars, having previously summoned
such offender to shew cause to the contrary.
Sec. 8. Be it further enacted, That it shall be the du-
ty of the constable to endorse on the Yrarrant, the day
it was executed, the justice before whom, it is lo be
tried, the place that the trial is to be at, and*the day
the trial is to be; and no justice shall proceed to try
any suit, except ly p sent of the parties, unless it
shallppear by there etqrn of the constable, that the
summons had bieni peuted a reasonable time, before
the- day o trial ;,.r ed, that such fe~ige shall be
it least three dayKs ore tfie frial.
power to fine
endorse on the
warrant the day
it Was executed
before whom to
be tried &c.
to be executed.
Sec. 9. Be it further enacted. That where any appel.
When the ap- lee shall reside out of this Territory, so that a subp(e-
pellee resides na cannot be served upon him, it may be lawful for the
out of the Ter- appellant to proceed to advertise in some newspaper,
ritory. authorised by law to publish advertisements, under
the same rules and regulations as are directed in suits
in chancery ; which shall be equii alent to a service of
the subpoena ; and the court shall proceed to hear and
determine the same,in the same manner as if the sub-
poena had been returned executed.
Sec. 10. Be it further enacted, That in all cases where
When the stm the sum due or secured by any instrument of writing,
due shall be re- shall be reduced by credits endorsed thereon, to a sum
duced by cre- not exceeding fifty dollars ; in all such cases, justices
dits to a sum of the peace shall have exclusive jurisdiction for the
fifty dollars recovery of such balance.
Sec. 1 Be it f.urher enacted, That in all cases of
a trial before a magistrate, the parties litigant shall
Differences set- have the same right to settle their differences by ar,
tied by arbitra- bitration, as is allowed h. law in causes pending in any
tion. court of record of this Territory ; and the award re-
turned by the arbitrators shall be made the judgment
of the justice, subject however to an appeal, under the
same rules and regulations as other cases of appeal,
from the judgment of a justice.
Sec. 12. Re it furtherenacted, That hereafter when
a j any justice of the peace shall resign or remove out of
When a justice .
resign or re the county or district, it shall be his express duty tc
movesoutofthie return all the papers and his record book to the near-
county or dis- est magistrate in his district, or in the county; or in
ct. case of the death of such justice, the clerk of the
county court shall demand and receive from the repre.
sentatives of sui'h justice, such papers and record
book, to beby such clerk filed and preserved in his of-
Sec. 13. Be it further enacted, That whenever the
office of a justice of the peace in any county within office ofa jus.
this Territory, shall have, or may hereafter become twice vacant by
vacant by death, and the records and papers of such death, record &
justice, whose office is so vacated, are lodged in the papers howdis-
office of the clerk of such county court, it shall be the posed of.
duty of such clerk to inform the judge of the county
court thereof ; and the said judge shall direct, that
such papers and records shall be delivered to a justice
of the peace for the county, most convenient to where
the late justice resided
Sec. 14. Be t further enacted, That it shall be the Duty of the
duty ofthe clerk of the county, within ten days after cthe justice.
the order of the judge of the county court as aforesaid,
to notify thejnstice of the same.
Sec. 15. Be it further enacted, That it shall be the
duty of the justice, upon receiving such order, forth-
with.to apply to the clerk of such court for said re- twe of arece
cords and papers; and the clerk shall deliver the ing suchrecords
same. And the justice into whose bands such recolrs and papers,
and papers are placed, under the provisions of this act,
shall have the same power and authority to issuetdy
process thereon, as his own records and papers, andll
acting and doings of said justice on said records and
papers so lodged with him, shall be as good and valid
in law, as if done from his own records and papers,
Sec. 16. Beit further enacted, that when the,office
of any justic~ofthe peace has, or shall hereafter he-
come vacant, by resignation, removal, or the accep-
tance of an incompatible office, the person 69 making
the vacancy, shall, within thirty days, after such va-
cancy is occasioned, return his official papers and re-
cords to, the. nearest justice of the peace in the district
or county in which he was commissioned a justice, tin-
der the penalty of one hundred dollars, to be re, covered
before any court having jurisdiction of the same, afd
Justice of the
&c. to return
the nearest jar.
paid into the Territorial Treasury. And when the of-
When the office fice of a justice of the peace has, or shall hereafter ,e-
of justice is va.- come vacant by death, his official papers :nd re'ords
cated by death, shall be transmitted to the clerk's office by his exec:u-
duty ofadminis- tors or administrators, within two months after they
gators &c. obtain letters of administration. And if no executor or
administrator be appointed, or qualified to act, the said
papers and records shall be returned by the heirs of
.such deceased justice, who are above the age of twen-
ty one years; and by the guardian or guardians of such
heirs, if under that age, under the pains and penalties
prescribed in the foregoing part of this section, and to
be recovered and applied in the same manner.
Sec. 7. Be it further enacted, That it shall be the
duty of each justice of the peace, who may have been,
or shall hereafter be commissioned for any county, and
Justices in a who may have been. or shall hereafter be included
e bis ounty es within the bounds of a new county, established in part
the county for or entirely, out of the county for whichhe was commis-
which he was sioned, to issue execution on all judgments rendered by
cpmmissioned. him, previous to the establishment of a new county, at
any time subsequent to the erection of such inew coun-
ty, and to do and perform every other legal act and
thing necessary to carry such judgment into effect.
Sec. 18 Be it further enacted, That in trials in cases
of debt or account, before a justice of the peace, where
the amount does not exceed the sum of fifteen dollars,
hentheplanit shall be lawful for the plaintiff to require the defen-
tiffordefendant dant to answer on oath, whether the same is not due
may be requir- and owing by him : but if the defendant shall, deny the
ed to answer on same, the plaintiff shall not have judgment, unless he
Ot#0 shall establish his claim by two or more credible wit-
nesses, or by one credible witness with corroborating
circumstances. And whenever the defendant shall al-
lege matter in avoidance of the plaintiffs demand, he
gay in like manner, and subject to the like rules, re-
quire the plaintiff to answer such allegations on oath ; Justices may
and on neglect o: refusal to attend 'or answer, after uc attachment
summons, the justice may use attachment and other party before
compulsory proceedings to bring the said party before him.
him : Provided, that nothing in this section shall bre
construed to authorise either party to be sworn, unless
thereto required by the adverse party.
-Sec. 19. Be it further enacted; That all theudg- Judges and jus-
es of the county court and justices of the peace, be au- to solemnisethe
thorised, and they ire hereby empowered, to solem- rites of matri-
nize the rites of matrimony. mony.
Sec. 20. Be it further enacted, That where"any
person shall make application to a magistrate, and make
oath or affirmationthat e or she verily believes that
the person of whom he complains is about to assault, Warrant where
beat or wound him, or otherwise do him some great bo- a person makes
dily harm, it shall be the duty of the said magistrate to oaththat he be-
issue his \ arrant, and cause the person against whom son of whom he
such complaint has been made, to be brought before complains in-
him, and upon examination, he shall'cause him or them tunds to assault
to give bond with approved security, to keep the beat, &c.
peace for twelve months ; and upon failure to give
su .h;bond when required, it shall be lawful to commit
him, her or them to jail, until such bond shall be given.
And when any bort4 given as aforesaid4 shall be for-
feited, it-shall be t'e-duty off justice to placetbe.
same in the hands of the attorney for the Territory,
who shall proceed thereon in the samep anner as upon
other bonds forfeited
Sec. 21. Beitfurtherenacted, That where any per-
son shall make application for a warrant, under the Person making
provisions of the former section this act, or charging application for
any person with the commission of any crime or misde- taling to es.
meanor, and the party shall fail to establish such charge, tablish the
it shall be lawful for the- magistrate to tax the party charge.
making suoh application, with all costs, and issue hi
Sec. 22. .3nd be itfurther enacted, That this act shall
be inforce from the first day of March next, and sec-
tions four, five, seven, eight, nine, ten and eleven, of
Act when in the act authorising the appointment of justices of the
force peace, and defining their powers, approved December
29th, 1824 ; and also so much of the third section asis
Ats repealed. inconsistent herewith, and all other acts or parts of
actsrepugnant to, and inconsistent with the provisions
of this act, be, and the same are hereby, repealed.
Passed 19th January 1827.
H. u. STONE,
President of the Legislative Council.
GEORGE E. TINGLE, Clerk.
approveded, Jauara; 29th, 1827.]
WM. P. DUVAL,
Governor of the Territory of Florida
To organize and regulatethe Militia.
wo be enrolled
and to perform
Be itenacted by the Governor and Legislative Councii
ofthe Territory ofFlorida, '1hat every able bodied free
white male inhabitant of the Territory, between the
ages of eighteen and forty five years, and who shall
have resided in the same three weeks, shall be liable
to be enrolled, and to perform Militia duty; excepting
nevertheless Judges of the District Courts and their
Marshalls, Sheriffs, and clerks; Postmasters and mail
carriers, ferrymen, clergymen, physicians, teachers
of public seminaries, and keepers ofjails who in time
of peace, are hereby exempted from the said duty.
Sec. 2. Beit further enacted, That the arms and ac-
.outrements kept by the militia, and used obr duty,
Hall be exempted from execution under civil process,
and the officers, musicians, and privates shall be ex-
empted from arrest, whilst in actual attendance on,
and going to and returning from musters, courts mar-
tial, or other duty, except in cases of treason, felony
or breach of the peace.
Sec. 3. Be itfurther enacted, That the Governor of
this Territory, as commander in chief of the miliiia,
shall be entitled to the following staff; viz : One Ad-
jutant Ueneral, with the rank of Brigadier ; i ho shall
reside at or near the seat of Government. four aids,
with the rank of Colonel; one quarter master general,
with the rank of Colonel; who shall reside at or near
the seat of government.
Sec. 4 Be it further enacted, That the militia shall
be organized into two brigades, seven regiments, four-
teen battallions, and into ten companies for each regi-
ment, and shall be officered and regulated, as herein-
after provided for. The Brigades respectively shall
be officered, by one general, one inspector, and one
judge advocate, each with the rank of colonel, and
each general shall be entitled to two aids, with the
rank of Major. The first brigade shall comprise the
militia west of the river Suwannee, and the second bri-
gade, the militia east of that river. The regiments
respectively shall be officered by one Colonel, one
Lieutenant Colonel, and one Major, and the staff shall
consist, of one adjutant, one quarter master, and one
pay master, to rank as first Lieutenants. one surgeon,
and one surgeons mate, one sergeant major, one drum
major, one fife major, and one quarter master ser-
The muster ground shall be prescribed by the regi-
diental commanding officer.
Arms and ac-
empt from exe-
clans and pri-
vates, when ex-
empt fiom ar-
of whom to con-
Militia how or-
ganized and of-
west of the Su.
wannee and the
east of that ri-
they shall be
Not to exceed
ed lby comman-
cers elected by
The first regiment shall comprise the militia of Es-
cambia and Walton counties.
The second regiment shall comprise the militia of
St. Johns, .Musquito, and .Monroe counties.
The third regiment shall comprise the militia ofthe
counties ofJackson and Washington.
The fourth.regiment shall comprise the militia of
Duval and Nassau counties.
The fith regiment shall comprise the militia of the
county of Gadsden.
The sixth regiment shall comprise the militia of A-
The seventh regiment shall comprise the militia of
the county of Leon.
The companies respectively shall be officered by
one captain, one first lieutenant, one second lieutenant,
one third lieutenant, one ensign, five sergeants, rive
corporals, and two musicians, and shall not exceed one
hundred privates. The geographical limits of compa-
nies shall be prescribed by the regimental command-
ing officer, who shall also prescribe the rank of each
company. The company muster ground shall be pre-
scribed by the Captain.
See. 5. Be it further enacted, That all commissions
shall emanate from the Governor, on the appointments
being made in the following manner, that is lo say ;
staff and field officers shall be appointed by the Gov-
ernor, by and with the advice and consent of the Le-
gislative Council ; and company officers shall be elect-
ed by the privates, a majority of whose votes shall be
sufficient for this purpose. The Captains shall appoint
their non- commissioned officers, who shall serve one
year, or pay a fine not exceeding twenty dollars, at th.
discretion of a court martial.
Sec. 6. Be itfurther enacted, That the following-
rules shall govern the militia in time of peace.
1. Every commissioned officer before he enters on Oath to be t
his duties shall take an oath to support the constitution ken by comqi.
of the United States, and faithfully and to the best of sionedofficeb.
his abilities to execute the duties enjoined by his com-
2. The drill and exercise prescribed by the laws of Drill,
the United States for the army thereof, shall be adopt-
ed by the militia.
3. The uniform of the officers shall be similar to Uniform,
that of the officers of the army of the United States.
4- In the equipment of the privates, a musket, ri- Equipment of
fle or shot gun shall be i.dispensible. the privates.
5. Brigade and Regimental musters are dispensed
with, but battallion musters shall be heldonce a year, t rgade p meus
on the second Monday in January ; and company mus- with, bat alion
ters shall be held, 'not less than twice, nor more than and company
four times a year, at the option of the Colonels respec- musters; waen
tively, who shall also designate the time for the com-
panies respectively, for holding said musters; and Each muster to
each muster shall be preceded by a personal notice, be preceded by
or a notice in writing, to be served on each man, at notice.
least ten days previously to the muster. Deultetobe
6. At each muster the roll shall be called, and all reported.
defaulters-reported to the commanding officer.
7. Brigade orders shall be issued in writing by the Brigade and re-
Generals or their aids, and Regimental orders by the gimentalorders
Colonels or A.ljutants. -how issued.
8. The returns of strength and equipment shall be Returns of
made by the captains of companies respectively, on or strength and
before the tenth day of June in every year. These equipmentt by
returns shall set forth the strength and equipment, i tae Captaias-
how, when, and
their actual condition, on the first day ofthe said month to whom made,
of June, and they shall set forth distinct colums, the
Captain and number efLieutenauts, Ensigns, sergeants,
tranrrnit the re-
turn to the htl
gale mnnpt. <
anol he rr.iik a
return it the
adR utan gene-
idhen the mili-
tia shall aid the
Breaches of or
tion etc by an
officer, how tri-
3vy a non-com
cer or private
corporals, drummers, fifers, privates, swords, sponx
toons. muskets, rifles, i.ayolets. hells, cartridge box,
es. flints, powder hor is, cartrid,~es,,pound, of powder,
balls. knapsacks. drums and fifes ol their companies
respectively ; and they shall trai)smit the said returns
to the Adjutant, who shall. with, ten days after the
receipt of the same, consolidate the said returns into a
regimental return, and shall translmil te same to the
brigade inspector, who shall, within ten days after the
receipt of the said returns, consolidate the same into
a brigade return, and transmit the same to the adjutant
9. On tours of duty, a private may be represented
by an able bodied substitute, but on a general requisi-
tion, substitutes shall not be admitted, to the preju-
dice of the service.
10. The militia shall aid the civil authority, on a re-
quisition of a civil officer, specifying the object, and
which shall seem reasonable to the commanding officer
upon whom the requisition shall be made.
11. Breaches of order, subordination or obedience
to the militia laws, on muster or other duty, if made
by an officer, he shall be irnmediitely arrested by the
commanding officer present, and by him reported to the
brigadier general, whose duty it shall be to order a court
martial for the trial of the accused ; and such court
shall consist of a number of members, not less than
five, nor more than thirteen officers. If such brca-ch of
order, subordination or obedience, shall be conntiitted
by a non-commissioned ,fficer, musician or private, he
shall be arrested i. the same manner and tried by a
court martial, whi 'h shall be composed of any three of
the commissionedd officerss of the company to which the
crcused may belol ; such court shall be ordered by
thb ,'aptain. and its pro -diihs shall be by him appro-
Yed or disapproved, at discretion.
12. In the proceedings of courts martial, the voice
-ti a majority of the members shall he necessary to In regimental
substantiate a sentence of guilt ; and in general or re- courts martial.
gimental courts martial, a notice of at least ten day' notice to be gi
shall be given in writing or printing to the accused, ven to the ac-
setting forth the specific accusation, and the names of caused.
the witnesses, if any are necessary.
13. Courts martial shall award a punishment accor- ine. or punish.
meantt or an ofiu-
dli.i- to their estimation of the criminality of the ac- cer.
caused : Provided, that the offences aforesaid shall not
be punished, if committed by an officer, by a higher Fine of a pri-
fine than one hundred dollars, or cashiering ; and if vate.
committed by a private, by a fine not exceeding ten
dollars, at the discretion of the court.
14. All military crimes not capital, and other offen-
ces and negligence, although not herein specifically All military
mentioned, shall be cognizable, and tried by the courts crimes etc. not
martial herein provided for and the forms of proceed- capital to be
S, tried by courts
ing in said court, shall confirm to the rules and articles marshal.ed
of war, prescribing the ftrms in like cases, for the go-
vernment of courts martial for the army of the United forms & pro-
15. In courts martial the highest officer in rank shall
preside : the youngest shall be the recorder in the
absence of the Judge Advocate, and he shall certify
the decision of the court. and shall cause the same to Organization E
be transmitted through the officer ordering the court, courts martial.
to the commander in chief, if the same shall designate
the punishment ofcashiering : but if it shall designate "uc sion of th
the punishment of fiinig, the certificate ofidecision shall sent.
be transmitted through the same officer, who, if he
shall approve of the same, shall transmit it to the she- Fines by whom
riffof the county, and it shall be the duty of the said collected.
sheriff to collect such fines, in the same manner as shall
be prescribed by law for the collection of monies unm
der civil process.
1&. Ofthe monies arising from fines, and penalties,
fs arising the sheriff shall be authorised to retain ten pei centum,
f nsanfinueand for compensation for collecting the same, and the re-
penalry-to mainder of the said monies shall be accounted for. and
whom paid and paid by the sheriff to the colonel of the regiment, or of-
Sappropia- icer ordering the court, whose duty it shall be to ap-
propriate the same towards the purchase of musi'.l in-
struments & colors forthe use of th r mentorr company
17. The presiding officer of a courn martial shall be
Oath toba sworn by a member of the court to form'his opiaiou
kenbythemem according'to the best of his understaining, and to ren-
bers of a~oourt der his judgment without partiality favor or affection,"
martial. and a simila'rosth shall be administered by the Presi-
dent to each of the other members. ,
The President or recorder, on sivearini witnesses,
shall swear them, to speak the truth, the whole
Oath adminis- truth and nothing but the truth," and the President
tered to witnes- shall have power to issue summons, to compel the at-
ss. tendance of witnesses, and to serve such summons, by
such persons as he may appoint and designate.
18. If a sudden invasion or insurrection shall be
made, or threatened to be made, on any portion of the
Commanding Territory, the commanding officer of the militia or of
officers author any portion thereof, next adjacent thereto, shall be, and
zized to order
out the militia he is hereby authorised and enjoined, to order out the
to suppress in.. militia under his command, to repel or suppress the
nrrectionorin- same ; and the troops thus ordered into service, shall
Vrion. be subject to the rules and articles of war prescribed
for the government of the United States troops.
Sec. 7. B it further enacted, That if any person
shall by disorderly or riotous conduct, interrupt the
bsorderly r operations of the militia whilst on muster, courts mar-
net p snhs tial, or on other duty, he or she so offending, shall be
operations of arrested by the commanding or presiding officer, -and
h~ militia, how shall be fined in a sum not. exceeding ten dollars, at the
"CatiLs discretion f the oficerso arresting.
Sec. 8. Be itjfurther enacted, That volunteer or in-
dependent companies of cavalry. artillery, infantry or volunteer com-
riflemen. usay be formed upon the coiTitiot.s, .jeverthe.- panies how
less tereiraiter presc ribed- The members of a com- formed.
pany so ;orming hall-subs ribe certain rules and reu-
latio.:s ior the government of the same. which shall he
submitted for the inspection of the Colonei of the Re-
giment. and if'approved ot by him. u(h company may Choose their
be toimed. Volunteer companies may wear such own uniform:
arms and uniform as the officers thereof. with the ap-
prohbition of the company, may direct. They may
muster at discretion, but shall adhere to the musters
provided for by law. The members thereof shall be shall adhere to
exempted from duty in other companies, but shall not the musters
otherwise be exempted from, the operation of the mi-. provided for by
litia laws and no person who shall be a member of a aw.
volunteer company, shall..join any other company, so
long as he shal4 reside within, the bounds of the Regi-
ment, unless after six months notice to the commanding
officer of such.company, of his, intention to withdraw,; Six months no,
and no person shall enrol himself.in a volunteer compa- co wlth
ny beyond-the bounds of the regiment to which he be.
Sec. 9 BeitfJurther.eaacted, That companymnsters
shall bc.held:on the third Monday in February: next
preparatory to which9 each Colonel of aregiment, or d' of ter,
in case of his absence or inability, the next officer, in
command shall, at least ten days previously to .the said
muster day, assign the limits of each company and the
muster ground for the same, and the said Colonels re-
spectively..or the nest officer in command, shell:hre-. Election of
vet such.company officers and. subalterns, as, shall. be company -
neceisarytogive notify: of,;and effect to the said mus,
ter : they;shallUs~i~d rders.fr-the election of compa-,
ny officers thb- held on.the said master day, and sucl
keaoderi as shallbe nocesairq.to give effectU .tsti
provisions of this act ; and when the election of com,
pany officers shall have taken place, the said Colonels
of Regiments shall forthwith transmit a return of their
names to the Governor, whose duty it shall be to issue
commissions thereon : andthe company officers so e-
lected, sh'll do the duties of their respective offices,
until their commissions shall be received.
Sec. 10. Be itfrther enacted, That if any Colonel
colonel or next of a Reziment, or the next officer in command, shall
Colonel or next
officer in com fail or refuse to perform any of the duties enjoined by
rand failing to the foregoinz section of this act, or to order the court
perform dutits martial hereinafter provided for, such officer shall
enjoined, forthwith be cashiered : and ifany person beinI a com-
pany officer, or brevetted as aforesaid, shall fail or re-
Companyorbre fuse to obey the orders he may receive, in virtue of
vet officer fail- the said foregoing section ; such person shall be fined
ingor refusing ina sum not exceeding fifty dollars, at the discretion
etc. of a court martial, which -he colonels of regiments re-
spectively, or the office-s ordering the said muster,
are hereby directed to order for the trial of all delin-
quents ; and the said court martial shall be held with-
in ten days after the said muster day.
When commis- Sec. 11. Be it further enacted, That on the twenti-
sions shall cx. eth day ofthis current month of January, all militia
pire & be made commissions shall expire and be void ; and that all ap-
pointments to fill the vacancies shall be made on or
before the said day.
Sec. 12. Be it further enacted, That from and after
Act to be in the first day ofFebruary next, this act shall be in full
force from the force and effect; and that an act, entitled an act or-
1st day of Feb. ganizing the militia of the Territory, approved the
131h September 1822 ; and an act, entitled an act. to
amend an act, entitled an act, organizing the militia of
the Territory, approved the 3d July 1823 ; and an act,
entitled an act, more effectually to provide for the or-
ganization of the militia, approved the 1st January
1825; and an act, entitled an act, in addition to the
several acts organizing the militia of the Territory of Actsrepeale.
Florida. approved the 30th December 1824; and an
act, entitled a; act, to amend an act, more effectually
to provide for the organization of the militia, approved
9th December 1825, be and the same are hereby re-
Passed January 15th 1827.
H. D. STONE,
President of the Legislative council.
GEORGE E. TINGLE Clerk.
I Approved January 18th 1827.]
W. M. P. DUVAL,
Governor of the Territory of Florida.
Td amend an act, entitled an act to regulate the mode of pro.
ceeding on attachment.
Be it enacted by the Governor and Legislative Couucil
-of the Territory oj Florida, That after any complaint
be made upon oath before any judge or justice of the
peace, by any person or persons, his, her or their agent,
attorney or factor, that any person hath removed, or is
removing him or herself out of the territory privately,
or so abscondsor conceals him or herself, that the ordi-
nary process of law cannot be served on such debtor;
and ifsuch plaintiff, his or her agent, attorney or fac-
tor, shall swear to the amount of his or her debt or de-
mand, to the bestj khis or her knowledge and belief,
after deducting all effects and discounts due to the de-
fendant, and shall produce regular statement of his
account current or demand, and swear to the same, it
give bond and
From the bond.
out of the Ter-
shall be lawfig for such judge or justice t' giant at~ it.
Sec. 2. Be it further enacted, That before the attach-
ment..shall be issued by the judge or justice, he shall
require the party making the application therefore, to
enter into bonA with approved security, in at- least"
double the amount, whici bond shall be in the follow-
ingfqrm, to wit : Know all men by these presents, that
we, A. B. & C. D. are held.and firmly bound unto E.
F.Jthe penal sum of dollars, lawful money
of the United States of America', to which payment,
wel and truly to be made, we jointly and severally bind
ourselves and our heirs, executors and administrators.
In witness whereof, we have hereunto subscribed our
names and affixed our seals, this day of
in the year of Whereas
the said A. B. hath sued out, or is about to sue out
from (here insert the court from which the writ issues)
a writ of attachment against the goods and chattels,
lands and tenements of the said E. F. ; now the condi-
tion ofthe above obligation is such, that if said A.
B. shall well and truly prosecute said writ of attach-
ment to judgement, or pay to said E. F. all costs and
damages he may sustain in consequence of the levying
said attachment; then this obligation to be null and
void, else to remain in ffrl for:e and virtue ; and every
attachment issued without bond and affidavit made as
aforesild, is hereby declared illegal and void, and shall
Sec.'3. Be it further enacted, 'that where adminis-
trators and executors reside, or have removed beyond
the limits ofthis Territory, and there afe assset or other
property of the testator or intestate in jhe same, it
may be lawful for any person having claims on the es-
tate of the deceased, to take out an attachment for the
me, agreeably to the provisions of the acts now Ta
. c, regulating attachments.
>'c. 4. 3Be it further enacted, That executors and
.ninistrators, whose letters of administration were
'.led in any state or territory within the United
rates, and who have claims and demands as such, as
;;;inst persons residing in the Territory of Florida,
here such claims and demands originated in the ju-
-diction of the State or Territory where such letters
' administration were granted, may and are hereby au-
iorised to sue out attachments agreeably to the pro-
ions of the acts now in force, regulating attachments,
, same as if their letters of administration had been
hinted in the Territory of Florida. A .certified copy
such letters of administration, undet the seal of the
,urt, where the same were granted, shall be receiv-
i as evidence in such case.
Letters of at'
granted in any
state or Terri-
Sec. 5. Be it further enacted, That when the amount Writs of attaeh,
the debt, claim or demand, shall not exceed the ment under fif-
m of fifty dollars, the said writ of attachment shall ty dollars re-
* made returnable to a justice of the peace, and the turnable to a,
id writ may be served by a: constable, and the pro-u magistrate:
-edings shall be the same as in other suits before ma- ves fifty dol-
,trates, and appeals may be had thereon ; andwhere lawareturnable
e sum shall exceed fifty dollars, the attachment ~bwptyr rsIe
all be returned to the County or Siperior emCtrt,-.:ft'P; nr court.-
o option oftfie parties, and the process iii subh case
all be served by the sheriff.
Sec. 6. Be it further enacted, That the first, second,
ird, fifth and eleven sections of the law regulating
t mode of proceeding onaattahnient, approvOed De,
(i jlws5 etc.--
'M n the hZiqka
iResde ]It of :i
Veinber 28th 1S24, be, and the same are hereby., re:
'Passed, January 19th, 1827..
HI. D. STONE,
President of the Legislative Council
GEORGE E. TINGLE, Clerk.
approvedd, Januar4y 20th, 1827.]
WM. P. DUVXL,
Governor of the Territory of Florida
.L.r act relative to certhi instruments of writing being read .s
ve iti acted by t e Governor and Legislative Council
of th, Terrtory of Florta, That copies of aniy of the
printed laws'ofanyStateor Territory of .he United
States, which shall be 4rintd under the authority of
said Sttate or Territory, shall be admitted and receiv-
kd as evidence of such law, in any of the courts of this
Te ritory, or before any judicial officer of the same.
Sec. '2. Be it ;further enactcd,.That all transcripts
from th'e books and records of the Treasurer's office,
S i'o ,ei.Ly.cc:;l..> Iy said Treasurer, shall be rood.cn;
'adtffisslblb e iel in all -ourts ofjustice, and other
jli.-l:..il piiop'edi.g, in this Territory, of the facts con-
tained in said transcript.
Sec. .? Be at fitlhi,.- enacted, That if any person who
r.ay be a :sident of a.foreign country, beyond the ju-
risdictio ofth'e United Stateghiall make oath to any
li'll, p' iii'':ior answe in'ciancery, before some au-
tll riit :,_-'.tary public, wIow shall certify the same,
and aflii his seal Qf. office thereto, and obtain the cer-
tiffeate and seal of the consul or commercial agent.
,,ich person as may be exercising the powers. (itier
,nsul or commercial agent at- said place. that the
:)n signing himself as notary public, has bee'i dfi'ly
inted, and full faith aid credit are to be give to
!is acts ; the said bill; petition or answer in chanuce-
hall be used in any court of law or equity, in the
'e manner as though the same had been sworn to be-
some proper officer within the limits of the Terri-
-.c. 4. Be it further enacted, TIat the deposition,
r 'af common law or in chancegy, of any person re-
r as aforesaid beyond thejurisaidfion of the UniteL,
es, taken before a notary public and certified,in
manner as prescrihe.d ly ihis #f.'shall be read as
isee in any suit dependlinz ii s 'iTerriory : Pro-
1, legal notice has been given to the opposite par-
i'the time aid place of taking suc deposition.
passed January 4th, 1827.
H, D. STONE,
president o; the Le'gislative Counci'l.
.EORGE E. TINGLE, Clerk.
3pprov.ed, qJanuary 12, 1827:
GWv. oP. DJJVL,i
Governor of theorflPritory 'of Florida.
Notice of the
tine and place
* ,_ ':
providee for the appointment of Auctioneers and define |theie
"e it enacted by the Governor and Legisfit^~eCouncil A4ctioneers, t.
e Territoryof F th'tlieaft bereh ali poimt ,, p t
nd commissioned byl he Got v ri~io nd L gis4stiy Ia, exit
icil of this Territory, fih each an 'evtry Coiunty onlt bvirtxe
,iin this Thrritory, a suitable nriu'|ber.of fit ads dis -
van execution creet persons to act as auctioneers, at all public sales
decree of at auction, except sales under and by virtue of any ex-
ianery, ecutions at common law, orldeeree'in chancery.
Sec. 2. Be it further enacted, I'hat every auction.
eer shall, before he enters upon the duties of his office,
execute bond, payable to the Governor, with two or
Auctioneerto more good and sufficient securities, to be approved by
give bond and
crity, the judge otthe county court of the county in which
said auctioneeir.ay reside. in such sum as said judge
may consider necessary, conditioned to discharge the
duties of his said office, and to pay over all monies due
the Territory, arising from auction duties, or in any o-
t~er manner actdiig to the provisions of this act, and
said bond shall not'f v oid on the first recovery, but
may be put in suit by motionwin any court having com-
petent jurisdiction of the same, against said auctioneer
and his securities, from time to time, until,the whole
of the penalty thereof be collected.
Sec. 3. Be it further enacted, That it shall be the
uyW o the duty of the several auctioneers within this Territory,
t. keep an exact account of the amount of property by
them sold, at what time, and ut, what place. and for
Whom, and together Iith a transcript of tneir account
of sales, shall quarterly make a return of the same,
sworn tL and certified by some judge )r magistrate, re-
*4 hin this Territory, to the clerk of the county
i'Ltt 'e deposited in the office : Provided, the a-
mount of his sales shall exceed the sum of live hundred
dollars; if less, then he shall make a return of the same
"evfry slX'ohbnths, according to the provisions of this act.
See. Be it further enacted, That these returns
Bctieps data re shall in all cases be data formthe receiver of tax returns,
iver ,itx rc-
turns, so far as the same may tdohim appear satisfactory.
See. 5. Be it further enacted, That any person or
Penalty for a persons who shall offer any property at public auction,
viqlatiou othg vcotrary tq tle provisions of th;s act, shall pay, on d.-
evictionion thereof, before any court having jurisdiction
S'! ie s:~me. a fine for ea.h nd every offence, not ex-
cedii:; ore hundred dceil~rs at the discretion of the
-c, 6. Be 't lutie;renacted, That ith auctioneer or
i. neers, who may oe appointed '\der the provi-
*. thi' act. to re'side at t'l islarc of Key WFest, or
i: ',n'roe County, shall, before he or they enter upon
''.- ties ot'his office, execute bond with security to
' ,"?i e red of by the Governor, in at least the sum of
it'i u-cut.uad dollars, which bond slhl be made paya-
!le o" i~r-veruor for the time being, and his succes-
Passeu. Je.uary 19, 1827.
'V- D. STONE,
President of the Legislative Council.
;iLORGE E. TINGLE, Clerk.
approvedd January 20, 1827.
WM. P. DUVAL,
Governor of the Territory of Florida,.
io establish certain ferriesin the counties of Walton, Washingtonr
Be it enacted by the Gortrn-ur aiid. Legis'iflie O~dPa
il qof the Territory of Florida, That the right of estab-
lishing and keeping ferries be, and the same is hereby
vested in the persons, and limited to thb place herein-
.fter provided for ; that is to say, Finlay Kaskill,
to keep a ferry aqro64 yellow water river, atthe'place
where the black water road intersects the said river,
in Walton county. Jacob Pittman to keep.,a f~rrfya-
.gos the east branch of yellow Water river, at or near
Key West or inl
to give bond 4
security in t11
sum of' 10 thou.
sand dollar r
ifresent boundary line. Aid every ones dfnclit g as
aforesaid, shall 6 rfeit and pa,; upw- p lea4 convyct.i.n,
beforeanv cour"6i4his telrtofy, h avi'i,;jiisik' tio of
the same, the ism o( rivheindrcd JoUl'-. z- Lo i Ln
lawful money, one half th'reof t he'll~e il ir:.. j;er
or tllm,who shall sue fbr n'd prbec'ute s h 1:p..
to conviction, and the othib half or the .i? -fr W' .-
ritory ; and ifi'tih offendersshall n hav-e ski ati. "ut
effects wihercoli to fer such fiin, 'thaiinj e&ery ,aci
case, the otfendpr shall suffer corpora tpfnlhtnih ;
whipping, not exceeding thirtyinela Ias othA. .r
,bak, to be inflicted by order'ofthe jidgze ft'+h .e,,t
,c p hic]h such offender ihll ha'e,bpe'u cpi~td ., and
t stice? of the peace ufn complaint maf& ",i any
such offerce, ard'ereby auothoriscd'and: reilin-,l. t0
.Duty of justicee bind over the offenti'r ~'cogoizanes &ijh : I, iint
on complaint suirities, for his alpeararce at the nett court'hFvinnzii-
being made, risdition of the snme, t& answersuch action ,, inior-
niaionrusia hall then be brought or exhibited azTinst
him, her it meni, pursuant ('tis alt arid'or wunt of
sureqeti o coonimit suclotTenAers 16 ihe common jail.
SeW.-,, Be ii furlf"enacrtd, TIhaf from and after the
krsFda 6of 'Mrch netf. ifany l'ors,- o persons what-
soever, their r tan such as duly take out license or ii-
cense. from lthe proper authority,) shall dlrectl or in-
Except or Ape-p e y trade.-or traffic with any indian or indiana, ex-
in passing and cept lfor ;1lieecessary supplyy orf isions, in thl-ir
repassing. passing Qr rpassingto and from the nation, or shbal
presuble to erec Rifset up any houses oVhuts on the
lands reprrved for the indians,'shall be proceeded a-
a st as befortf iepted. e
",ee. AI nd e it further renael$~d That allind every
person or persons, whites, balbreeds Indians. mulat-
toes or mustigoes. vvo'hl4dLaffei-.le steal, or carry
aoy,-any negro or other Tave or claves, or shall hire,
e1, or counsel any person or persons to inveigle, step'
,ions of this .act, the sum of ten d'ilars, to be recover-
ed before a magistrate.
Passed January 8th 1827.
H. D. STONE,
President of the Legislative otunei!.
GEORGE E. TINGLE Clerk.
I ,Approved January 18i!h 1827.1
WM. P. DDUVAL,
Governor of the Territory of Florida.
To reyulte our citizens trauing with the tildians, and for uL;u
purposes 'herein mentioned
WHEREAS, the safety, welfare and tranquility
of the Territory of Florida, do in a great measure de-
pend on the maintaining a good correspondence be-
tween the citizens of this Territory and the Indians in
amity with the good people of the same, and whereas
many inconveniences have arisen from private.persons
,racingl with them without licenses.
Be it e's:cted i. the Governor and. Legislative Council
otC I h 'erriWry ofFlorida, That for the better prevent-
i::g disturbalncs among theIndians, by persons barter-
in ', with them in the woods or hunting within their lim-
its. or in anv otherwise trespassing on the same, that
.'0rom and fte' r the first day of March next, it shall not
be lawful for any person or persons to sell. truck,
barter or exchange with any indian or indians, any rum
or other strong liquors, clothing, arms, ammunition, or
any thing whatsoever, in,the woods in their hunt ng
ground, or within our settlements, or at any other place
other than at stores or houses licensed for that pur-
e". or shall hunt or trespass on the lands beyond the
Penalty for tra-
ding with In-
rl:ans in any
than houses ]:
censed for tllw
.Duty of Justice
Except for ne-
in passing and
,resent boundary line. And every one so offending S~
aforesaid, shall forfeit and pay, upon leFgl co:;v;ct; .:I
beforeany court ofthis territory, havi,.w 'i i]dic.; q :
the same, the sum of five hundred doli-;- i:
lawful money, one half thereof to be paid r, : r- ,.
or them, who shall sue for and prosecute s :-hb :
to conviction. and the other half for the use of'1'
ritory ; and if such offenders shall not' have -si:. :,t
effects whereon to lvy. such fine, then in eve .
case, the offender shall suffer corporal punis!hi; _;
whipping, not exceeding thirty hi-ie lashes on thi '.
bapk, to be inflicted by order of the judzg of the u,
, which such offender shall have beel coaviietP'. ani
thejiistices of the peace upon complaint made o; ary
such offence, aredereby authorised and required to
bind over the offender by recognizance, with m iicixn!
surities, for his appearance at the next court hivinz i-
risdiction of the same, tp. answer such action or ini-:r-
mationa is shall then be brought or exhibited n~ei 'n
him, her theme, pursuant to this act. an l l'o ~r \i.)t of
sureties, to commit such offenders to the commnun 1i!.
Sec. 2. Be it further.enacted, Thaf from and aftei the
first day of March next, if any perso: ')- persons what-
soever, (other than such as duly take out license or ii-
censes. fronithe proper authority,) shall directly or i.-
directly trade-or traffic with any -indian or indian;, ex-
cept for the necessary supply of provisions, in thllir
passing or repassing to and from the nation, or shaii
presume to erectoir set up any houses or huts on the
iands reserved for the indians, shall he proceeded a-
gainst as before directed.
Sec. 3. Aind be it furtherenacted. That all and every
person or persons, whites, halp reeds. Indians. mulat-
toes or mustigoes, who sh'a inveigle, steal, or carry'
aaqy, any negro or other slave or slaves, -or shall hire,
hdl, or counsel any person or persons to inveigle, ste;
p carry away as alfresaid, any such slave or slaves, or
that shall aid any suchslave or slaves'in running away
or departing from his owner or employers, service, cr
,hall give a ticket or pa -whereby such slave shall de-
piart from the service of his or her said owner, manag-
er, or employer, shall be, and he and they are hereby
Declared guilty of felony ; and1 being thereof convicted,
hall suffer death, and be executed as felons, and that
so much of the laws now in force as militate with, or
contradict.this law, shall be, and the same are hereby
Passed, January 10, 1827.
I H. D. STONE,
President of the Legislative Council.
GEORGE E. TINGLE, Clerk. ,
d.pproved, January 17, 1827.
'WM. P. DDUVAL,
Governor of the Territory'V Florida.
;ing a pars t- a
niero or OU0L'
To prevent the future Migration of Free Negroes or Mulattosi
to this Territory.
,e it enacted by the Governor and giative Cm~antl
of the Territori. of Florida, That fr3i and after the
first day of March neit. it shall. not be lawfu) for
any free negro or mulatto, to migrte or be be ouht Unlawful fao
into this Territory from any state or territory. within ,fatoes to
the United States or elsewhere ; And if any free ne- niigrate or bo
gro or mulatto, shall m'i, r '. oe transpoted, r brought into
brought into this territory, ad remain herein for th'e toW,
term of thirty days, he, or she shall be liable to be ar-
rested, and any citizen of t is Territory, havingknow-
lee that any such free negro or mulatto is within
intr county of this,trritory, contrary.to t1na'ct, -shal,
or may, arrest the sail frie i'er. ,r niulattrj. and b rng
him or fier bbeor oome jusLe> ?oflhhe peace, olrnayor
of the city to be dealt with agreeable tu law,, or he
m.ay applylto a justice -of thAi ce or nm or.ofthe ci-
Any citizen ty, who upon information oflthe i mle iseirepll'redlrf is-
may arrest such sue his warrant, t cau-e the sdid freeze ero,...r inulat-
T'ree negro or
mulatto & bring to to0e brought befo i im r onime other lusEice, to
befoi si(me be dealt with areea Iy to law. direcN~d-* 1the sheriff
justice of the or constable, or such bther person~ as'he may choose to
peace, designate, whose duty it shall be.to execute tl. said
warrant, and bring toe,._dm, free negro or mulatto be-
fore the said'justice or sime other of said county.
Sep. 2. Be itfrther 'enacted, That if the justice of
the peace or niayor of the city, b.efordwom any free
negro or mulatto, as aforesaid, shall e brought as n-
foresaid, upon examination of the said free negro or
Mayor orjus- mulatto, or oher testimony, shall b of opinion that thel
tice to require said free neg o or mulatto has migrated, or been trans-
free i groes or ported, or brought into this 'Trritory, and continued
til. to cklte erein in contraveiTn of this act. it shall be the duty
nYrAb ( N laid mayor or justice to require the said free negr(
peat atcourt. !ormulatto to enter into a recognizance with one oi
more good securities, in the sum of two hundred do-
lars, payable to the Governor for the time being, anti
his 'successors, conditioned fEr the personal appear-
On failure ance ofthe said free negro or mulatto at the next conu-
giverecogni- fy court, to be hAtd for this county, and?that he or shf-
zance toconi- will abide by, and perform the order made therein lt
mit to jail. the'said '-unty court ; on failure to give or enter int'i
said recognizance, the saidmagistrate or mayor shall
commit the said fcee negro or mulatto to jail. there tr
remain, until legally d rge. by court having juris-
ditetion of the case.
Se,-. 3 Be it further enacted, That if the court, he
fore whom any such free negro or mulatto shall be
-jought 'asaforesaid, shall after trial, be satisfied that
ae said free negrO or mulatto has migrated, or ieen r t
.,,n.zt into this terriftry, la't ctiltUd herein con- court sally re-
tra rv t this act. thev '.hill .(rict the said free regro 1 uile recogni-
)r mulatto toeinter. iii t ti...~niance, Wth oje or a.e that the
.nore zood sureties iri the sum ofive hundred dollars, '. ,or
payable a, afor;esaid.' condikioned that the said free ne- witlhout ile lim-
:ro- or" mufaito will depart, anr., remove without the i's ofthe tcrri-
limits ofthi, 'e.rriton. vitlhWy days from the date, t'ry wfhin ter'
and never iufP rtlltriirn.ithi'n limits (' the same, die.
or the -',ol t mar, at their discretion, take the bond of
the saiu free iiegro or mula.i ,without security, for Bond ofthefree
the performance of the et ion, as aforesaid : and negro or "u"lat-
-. to uakey: with-
upon failure or refusal to give such recognizance, the- o lakei t th
<-ourt sfall make, an oider, to4eaxequted by the sher- ot discretunono
ifT, or the mmitirfri officer of the cotirt making such tle orurt .our
,r Fr laiture ta give
order for the&iiediate sale of.tbe saiddree negro zecornj, c
o;i mulatto, for the term of one year, t e' hihest ,...... ,liur.
bidder, a;id the sheriffshall proceed to P the baid,, dler _...l ul'
free ne'iro or mulatto, at one years credit, takinLhboud :" lgr
and secur:'ty, for :he payment Of. same to thetpdlze one year.
of the county court, aid irreases- ,re the s.aid bond
shall not be complied with, iJtbeotothe Iecognj'
o'ei aforesaid"be forfeiteta suits' a ll, e brolt i:E q-: ,',nec recover
o.. and recoveries hid, in anfof th 'ourts of th e -ter- rI, how. dsp-
,itory having ~' dictioj ,f the same. And all mefies ed o
"o recover d I be, one halfto-the perisn grose ct-
inz. the other O l' dedacting expen of piiue,.e Ith-
o be oaid ilto the county trieutr.
Sec. 4. A gfurt.er, er.. That te same ft-
ceedi gs mpy h tI|l a linst anysuch free rgerro or egroes or,ma.
mulatto. as often as he, she- or they shall. he und ties remain
within any ecgl ; Ih hisT iY T afterr theeipira- ritry ter the
tion of the til.. r-1,igned by t_ d rt Ifor his or her tl- tirptssigned,
parture out ofthis Teritorv. -,' bn ,t court
Sec. f. B. #,further enacted, Thatthe provjpions
Act not to ex
tend to free ne-
groes or mulat
toes elcag'd on
Isoard ships or
empt from cxc-
;0o0ks &c. of
men & mechan.
of this act shall not be censiderea as xtendingLo free
negroes or mulattoes, who may factually' engaged
under any contract of seviece o. ~boird of ay sip o0
vessel, which maybe within myi of the waters <8 this
Territory, so long as tlhJ dSfree negro or mulatto
shall-remain in the. actual employ, and on-board said
ship or vessel. *
Passed December 3ath 1826.
President of the Legisiativoqrconcil
GEORGE E. TINGI4 Clerk.
[(lpproved'January 3d 1827.]
WAM. P. DUVAL,
Governor ofthe Territory of Florida
Te exempt certain proppty from execution or distress in thi-
Be it enacted by the Governor and Legislative Counc,.
ef the Territory of f'loridac. That all. actual bona ficd
housekeepers with a family, shall tiave exempt from
execution or attachment of his or her goods and chat-
tels, tothe amount of one hundred dollA,,. exclusive
of the wearing apparel of the.family, of sith articles
as he or she may select, to be app raised by three dis-
interested householders, summrn e yte officer hold-
Sec. 2. Jnd be it furerencted, That al-professional
men and mechanics siWl'&ve exempt from execution
or attachment, all'their implements, books and tools of
their trade or profession : this act totake efect frezl
na after tho first day of February, eighteed hundred.
Passed, January 20th, 1827.
H. D. STONE,
residents f the Legislative Council.
,EORGE E, 'TINGLE, Clerk.
.Jppr ved. January 20, 1827.
,WM. P. DUVAL,
Governor of the .Territory of Florida.
For the relief of John W. Levinua.
Be it enacted bly the Governor and Legislative Coun- J. Levintha
cil of the Territory of Florida, That John W. Levinus authorizedto
be, and he is hereby authorised to receive the sum of receivee oe.
oneThousand and nine dollars, in addition' to the sum tiie dollars.
of eight' thousand dollars, covenanted t hbepaid to him
by the commissioners forthe sale of the lots in Tai#-. 'o be paid by
hassee. And that the sa sum of one thousandond nne thecmuti#a5iosp
dollars be taid byo the eritdcogimissioners, Ifro ~ he-e"
funds arising fronimhe sale of said lots, and in theit s
prescribedby tlltontract between said Levinus ad
the commisapers,for the payment of the saidwght
Passed, January lOth, 1827.
..Prtdent of the Legislative Couneil,
aEORGE E. T hE, CIerk.
r[Afrcv4. t 18th, 1*7.j-
QverQr oft e ritery f Floridl
;Ir;n. lin lt Territory offiorida into tlite'en election 1itrictz
4and providing for the election of members of the Legislative
WHEREAS, bKy an act of Congrisrapproved the
fifteenth day of Maiy, 1826, it becomes,necessary to
prescribe the modni of electing thirteren*Iperporj to
compose the Legislative councill. *
Be it therefore taaqfrd by!f leGl"'ernw aIS Legislative
Cougiif the Tefriory, o, Ii P,rida. That the qi' itog
be, and is h'eebry dcideiinto thirteen election dihti icts
numbered and bounde'dts hereinafter prescribed, that
is to say :
The first district shall comprise all the city of Pen-
sacola, and county dffscambia, west-of Pallafox street
Pensacola, and the road thence by Emariiers, to Clai-
S Thp second district : all the city of Pensacola Waid
cun dii. ty"ofi EsSambia, ling EaAi of Pallafox street. Pin-
sacolaW. and t'e read thence by Emanuels, to Claiborne
ir' ama,,,together;with the isond and sound of Santa
Aj ,1third district,fe boundary lines' of Washing-
towaI Walton counties.
Th fourth district,. comnmencing on the western
bank tlhe Chipola, at its intersection wiih Ilie Alaba-
wa lie ; t~ence down thVChipola to the ',aodth of
Rlusssiil creek ; thence un said creek to its bead
and theiiee to the corneiof Jackson ,gunty, at or near
Oaky.hill ; and north and ivest with Tn*afl ove recited
linein Jaelon county.
TIe fifth district v alt Jacksdohounty not embrac-
ed byv he' limit of-the fourth district
The sixth district; b'efotMndary lines of 'Gdsden
'he seventh district: the boundary lines of LTeon
The eighth district the boundary -lines of Alachua
the ainth district : the boundary,.linW of Nassau
the tenth district:. all the county of Duval north
ind west of Mhe t. John river.
3 hq eleventhdistric :,.all the county south and ease
of S' ,Jlhils ewi'er, vitliln, the bounries of DuvaL and
St. Juhi'c,.unirdies.andi'north of the road thened to
i he twelfth district : the city-ofbt. Augustine, anu
all tffe county Jying between'the tbad.from said cit to
B'ienavista, and the southern boundary If Si. Jdlins
The tlirteeiatidis4ct, the boundary lines of iMus-
quito and Monr6ow unties.
Sre. 2. Be it further acted, Thateach, fth said
Jistrivi, shall be entitled one y ember.f th ai ~i~strict
Council, who shall poss~salltq' ualification n-h one
after prescribedfor a vier ;'a rson sal1 emb
:igible. Iwho sio ale"'e resiedmn th, distri lif os o
which he s~lFTe'I ecan date, aleast sixl motit beroft~fe
viously. totTe dajf section ; nor -shav.any person ce t
eligible to said l ewho shalfbe district tt y ersoyns i>
marshal or ffeI or sholf hold any office vie o
a comnriisu n ffom the Urimt states, exce t a Ast-
master ; and every,vop given o any persaIolduti a-
ny of the said offi, being uferany ofthe Nabili-
ties hdtein T nd,' shall be considered absolutely
void and of no effect
Sec. 3. Be itfurthi inneiedThat the cost -Yuts
withirothe said districts respectivly: be, anadffeyare
hee'ebhy enipy erfaid direaftda eastthirty 4s
befo hth- day of olction, to apogt ch places fi
holding the same, as theosard courts mayjud^e best
euty courts suited to the conveiieuge of the 'tizei .; ain for each
to appoiithe place so appoint uI hey snuai*es.uatae, three gjuges
places & Judg election alny tr o who may .e cp!fet'e t i~idis-
S otelecio, cbh'rge th iB iai c,e .cittiu of the couty
given to the co~.tsl sall faiht appointfor Ji(at fthfe said pli
.Iuages ana to or Ju'd;es, it sha e dutr -i. 4i0rk ol'such cou
-e pi~uc. to make such ap ointments, eid igna mon it least
twenty five days ielore ltho~il oiele eq; aind n'
thes ase, due paWe tlereof t all be tien iine wsd
j ges of ele.ti i 'and to the a tibflatr .'
Sed:4. Be ihefa.cletd, ,Tifas it sildll he the
J. ges of .ele -duty of ,aid judlg offeleotoiuu, io appoint a clJk for
niu aprint a thir respective pts, and before the sdid judges and
i rk Ark enter upo-titir duties, they jv all sever.,il make
oath or affirmation Wforc sorme._jt;:i e. f he a:e,
ril and truly to perfRrm the dIt, ie*f their o:ffi .c.
cording to law,: without favour or affection ; and in
caseao justice Ofthe pace hall be present, it h o11 to
laId,aand the saideidgesr hereby authorised,,to
ad4minister the o~Aeach oer, andto the clerk.
Sec. 5. Be rther evrd, 'Tht in conducting
Manner the election the. sfAudges and zlerk lilft be overn
dusting 'eed by the foloingTles. Pthe qiall optn the polli
i~pion at nine o'clockI in the morning, ani at the place ap.
pointed for the same ; arid they shalAkeop the polls o-
pen until sinin the.evening, unless by.consent of par-
tiei, they be sooiter heised. They shall take the
votes by ballot, an .fipm such perspos and none others
as are duly qualilied to vote; and w~eobjectioas saal'
bmad .to a person offetRi. to vote, anid in all case
o where e. quaildlations otrhe persons offering to vote
Voer ma be are unknown, the saidjndges may examine julh p3r-
ine o son on oath or affimation, touching the sam,' : anc
should the pepbn examined refusito.answer tWe in-
trrogatories put to him, the said judge may refuse tv
.ceive the vote of tlie person so refusing.
See. i. Be it further enacted, Thatwhen there shall
re pi[ ii the box twoo or more ballots, folded as one, baTlltsfold1
hey vhrNl be destroyed, and not counted ; and when one, orcontair
ian ulilot shall'contain the name of moreattthan one i:ng the narmec
candidate, it shall also be destroyed; and noT counted. mo'e than on
-See.7.. Be t jfurier enacted, That the said judges
foreb- ti-n shall cause to be uittrenri Awn, the name
of every peTso'nivotmgand a list of the names to be
kept; and after closirithe polls, they shall ause a
copy of ;ii#lijst of i ters to be posted up at the pla, Names of the
electionn f..rpubillif inip, e.tion. Aid llie. said judge voters to b
shall, within ten days after' lhe el~ tibnp cause to be
iade 6ut, a return of the same, and to seal up and.
transmit the 4wrue return to the Governor. -And in the
said return shill be transcribed a li~t of...tle names'of.
all the oler, -andda ka list of the naimee of all the ,r to te
candidates vo&e f4, i nd there shall also be contain~- ~Overnor.
ed in the said return, a certificate in the fppJo inEg
form 'WWe the subscribers, j lges of electist for the
District for a member of the Le.0-
lative Council, do hee eby certify tha4. the Said ilec-
iion. held at in tlhtaid district,
there were voters a lii*of. whose -narmi
is hereunto ani~de\d, a.hab there were
Candidates v:'.ti.d for, w .d iltht of the said votes there certificate of
wereigiven fir A. the numiberof- .votes, retwn..
and for C. D, the number of vots
Sec. 8. Be it further actede, That all-white male
rctizens oftthe United States,; above the age oftwer~
ty one years, who s all ki:v iresided with' ttle limits
alificaton f of the District where the%. ire abpui to vote for the
tiers, space of three months Irretvvis I' tile 4i3 of election
shall hi'eii itled to ,%i'e for a member jithet', 'Ia-
tibe Cuiun-ll in su'h' Ditri f; and no 1) son -ii-ll be
allowed vote iout of the district in which he shall
l f Sec. 9. Be lrtl, enacted .Thset if any' y'ers
Penalty for vo- .a o e h e '.
ting- Oa, fe sIh'll vote moret han once at alr5u(h eTe rtImu, he hall
once it the upon Ccot iltin,' firl'it anCf[.,\ fbr e\:ery sucli ,IeTele.
aaree electin. tiwvily dollar,, t' be tecove e bith.Esstk. bef ,re"a-
ny justice of the peace ne iirT lo 'tliese II' the
.cuntF, andT ihe str hrf to tie us of'the person su-
ing for the osainmg..
I Sec. f1. / B ?fnirlther enacted, That if any person
'rr..qntakn : shtlll be uilty,ofia~'in a I.dse oath or aSrmation. ei-
a falseoath lie, when itnferrogatId-.as to' his fqualificaii .r or
thclic h teslinimi) miay hi requild in any coiitested
election or offrocuring anotheryto do so, shall, .upon
convictin 4e liable to the same punishmenMt, as per-
Ss~f convicted of perjury'tre liible to by the laws of
A'. 'this tFrritory.I,., .
Namesofthe Sec.l11. Be 't ..,irther-ehifcd, That it shall be the
voters to bf 'ilfy of the 6ovejor on the receiiiptiof thus said re-
the oerr turns, to cause to be transmitted. to theTwo persons of
"to the ,o pcr each district having the greatet'-number of votes, a
ons of eacl list of the names of all the voters so returned from the
li ,ic "ig district.. And he shall within one month after the day
t. r t'e of election, eximie the votes, and to the person ha-
vinthe greatest iiiml'tr 'of legal votes in each, he
..shall transmit a certificate of ttie same, under the
st alt e terTtor 1",
.. .. 2. Be it further e&~lted, That the certifi-
rLnae-. hall h. c:le s gianletdiby the governor, shall be considered
'Ljcramf'-., ton- 1- ,,Ioi a: r evidence of the electioiof the person so
yu elections certified, but in all cases of 4 contested election.,
tihey questions of qualification, lc Legislative Coun
:i: .hll determine the scme.
Se 4-1. -e i, lj:::cei ectvde. 'l :at w' i'.;ever two .rwo or more
nr -. .~'-sons s!h'ii have an equal muunmihe of votes in :'e:'s "':hai'"
SaW1 eq'.'al i1tun-
a:. :'sti tijt siall be th,: duty of the Oovernor to bate of otes.
oi-rde' a .ew ele tion in su; h distri t, at sui.h time as
he shall think proper, to be rondudted a. wording to
the rules and provisions of this a t, provided howe-
ver, that no: new ele tionshall be ordered, if one of
the persons haying an efual number of votes, shall
have rivertnoti:.e that he intends to contest the said
ele tion according to the relations pes ribed by
Sec. 14. Be it further enacted, 'giat any person in-
tending to contest the ele tionoftoe returlied to serve
as a iemher of the Legislative C6uncjl, such pprsnu
shnl! within thirty days after the election, give "ib oe ,t Pro-
ihe person returned, and whose election he shall in- testing tb:h eC
tend to contest, a vyiritter notice stating the particular election.
fa is nmon whi, h the samewill be contested, and the
n;ame of the justice of the peace or Notary public, be-
fore whom the dqeositions will be taken atnd also
shll zive the party reasonable notice of the time and
pla eoftakikg-su-h depositions ; provided, that node-
position shall be tak J after the secotid Monday of
the session of the Legislative Council ; and the said
iusti e shall issue his subpoena for such personsaas*
mny be required by either fi the parties to give tesT
-i;rv,. and any person refu~iing in"appear and' i.ve
-eti'noiy when subpcened for that purpose, he shall
e Iued by the ,n:ristrr:le or notan to'li, issuing
'u -h subpoena. io the su ioffifty dllary t'd' Pxe-
cntion may issue A.' And the t~ U-ti.,e or
notary public sh.ii t:.e aiTllteti:nmnv relati -. uch
c.. -lied election, ,nd shni' seal uv anid transmit
fie samVe to the President of the Legislative Council.
See. 15. Be it further enacted, 'Tat for the pur-
isdicti poses of said election, the county- n'urt of Walton
ihe third di county shall exercisejuriisdictioln 1,t. tlf 1 1.iisl rict;
strict The county courtofDuvaFcounty sb Il 4erri-. iuriq-
Eleventh dis- diction in'the eleve&h distrie. A .! .ith .county
Tfitrteenth dis- court of St. Johns county shall c .xe\cIe j i'li iln il
trict the thirteenth district; pi ided, thal appihiftients
shall not have been-made bly a. 4-C4u jccourt in the
Elcctioi when Sec. 16. Be it further enacted, That tli. said election
Compernation shall be held on the first J6o4ida' of.\ugtl nexm. aud
tothe Judges that the judge, and cle-rjksf said ele,'tio.i shalll rc-
aodclerks. ceive as full ion!ietsait r for their .servu.eI,.- i 1 L dol-
fars each per day.
Passed, January ;1, 1827.
IJ D. STONE,
President of the Eeislative'dCo ncil
GEORGE E. TINGLE. Clerk.
S.-Ipr'oved, January 18, 1 827.
WM. P. DUVAL,
Governor of the Teriitory of Florida.
Giving a lien to Mechanics in certain cases.
$e it enacted by the Governor and Leg slatire Council
fthe Trritoy of Florida, That from and ae i' the
&as firstday of March next, master builders and methan-
havealin tu.o ics of ev ry'dehomination, in the Territory of Florida,
on buildingsfor contract tld engaging to put up and erect buildings
work done of evberjy drptio,, or engpgiig to perform jobs of
thereon, unless work on any such buildings, shall be entitled to. and
a contrary sti- h
pulation be ex- shall have a lien, on all such buildings as they may
pressly entered put up or erect, or work upon, until the compensation
for services shall be fully paid and satisfied, to the A.
mount agreed upon between the contracting parties,
unless a contrary stipulation be expressly entered into
at he time the contract is made, br work done.
Sec. 2. Be t further ie;.acted, That the persons afore,
mentio!:ed. shall enforce the aforesaid lien, only in the Contract shaft
following cases; ,6rsf where the contract shall be re- be reduceL t
durced to writing, and signed by the parties making the writing ne
same ; second, whhre the amount shall be liquidated to entitle to
bet'veen the contractitrg parties, dnd a nett balance be lien
struck in faviur of the persons contracting to perform
as ,foresaid. or to provide materials.
Sec. 3. Ind be it farther
ant to the provisions obthis act, '=h e recorded in balance struck,
the clerk's office of the cpunly cou Rfor the county, to bn ec'rded
-" -" m" i the clerk'S
where such contract shall be required to be executed, office clrin
within thir't- days after their execution, and uryonril- thirty days
ing to record Ih'e 6ame, the party inhvbose mav the
same may be made, shall be deprived of all beneitf a-
rising under this act.
Passed, January 15th, 1827.
H. D. STONE,.,
President of the Legislative Cpunci
QEORGE E. TINGLE, Clerk.
[Jlppre i, Jantay"a 20hth, 1827.]
WM. P. DUVAL
.sv eroer gftho Territepy, ot Eli
To divorce Charlotte Courtcr
ter with Iaae
ter to be known
by the name of
iarms, to allow
him ( credit
Not to exceed
Be it ended by the Governor and Legislative Couucil
of the Territory of Flortda, That the marriage of
Charlatte Courter with Isaac Courter be and the
saq,-is hereby dissolved, and tlbfe ;said Charlotte is
hereby released from her marriage contract avd re-
stored to all the rights, privileges nd immu itlies o
a fezib sole-:
Sec. 2. .id be it further enacted, That the aforesaid
Citarlbtte Courter-sIkll from and after the passage of
this act, be calte 'd knonn by the name ofCharlotte
Passed, January 16th, 1837.
H. D. STONE,
President of the Legislative Council
SOPRGE E. 'INGLE, Clerk.
Approved, January 18, 1827.
WM. P. DUVAL,
Governor of the Territory of Florida.
Borthe relief of Lewellen Williams.
Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That Lewellin Williams,
tarcollector for the county of Alachua. be allowed,
in his settlement with the treasurer of the Territory,
a cqtdil Fr all monies advanced by him and not refun-
-ded .ii'g tl recent Indian disturbances to the mil-
S -utritiM f Alachua, to-pupchase ammunition
or i nple4rnts or other muniments of war: Provided