<%BANNER%>
HIDE
 Front Cover
 Acts of the legislative council...
 Index














Acts of the Legislative Council of the Territory of Florida
ALL VOLUMES CITATION SEARCH THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00073402/00006
 Material Information
Title: Acts of the Legislative Council of the Territory of Florida
Uniform Title: Laws, etc. (Session laws 1822-1833)
Physical Description: 23 v. : ; 25 cm.
Language: English
Creator: Florida
Publisher: Printed at the Office of the Florida Intelligencer
Place of Publication: Tallahassee
Creation Date: 1827
Publication Date: 1822-1833
 Subjects
Subjects / Keywords: Law -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
Dates or Sequential Designation: 1st (1822)-11th sessions (1833).
General Note: Imprint varies.
 Record Information
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 18494349
System ID: UF00073402:00006
 Related Items
Succeeded by: Laws of the Legislative Council of the Territory of Florida

Table of Contents
    Front Cover
        Front Cover 1
        Front Cover 2
    Acts of the legislative council of the Territory of Florida, passed at their 6th session, 1927-8
        Page 1
        Page 2
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
        Page 62
        Page 63
        Page 64
        Page 65
        Page 66
        Page 67
        Page 68
        Page 69
        Page 70
        Page 71
        Page 72
        Page 73
        Page 74
        Page 75
        Page 76
        Page 77
        Page 78
        Page 79
        Page 80
        Page 81
        Page 82
        Page 83
        Page 84
        Page 85
        Page 86
        Page 87
        Page 88
        Page 89
        Page 90
        Page 91
        Page 92
        Page 93
        Page 94
        Page 95
        Page 96
        Page 97
        Page 98
        Page 99
        Page 100
        Page 101
        Page 102
        Page 103
        Page 104
        Page 105
        Page 106
        Page 107
        Page 108
        Page 109
        Page 110
        Page 111
        Page 112
        Page 113
        Page 114
        Page 115
        Page 116
        Page 117
        Page 118
        Page 119
        Page 120
        Page 121
        Page 122
        Page 123
        Page 124
        Page 125
        Page 126
        Page 127
        Page 128
        Page 129
        Page 130
        Page 131
        Page 132
        Page 133
        Page 134
        Page 135
        Page 136
        Page 137
        Page 138
        Page 139
        Page 140
        Page 141
        Page 142
        Page 143
        Page 144
        Page 145
        Page 146
        Page 147
        Page 148
        Page 149
        Page 150
        Page 151
        Page 152
        Page 153
        Page 154
        Page 155
        Page 156
        Page 157
        Page 158
        Page 159
        Page 160
        Page 161
        Page 162
        Page 163
        Page 164
        Page 165
        Page 166
        Page 167
        Page 168
        Page 169
        Page 170
        Page 171
        Page 172
        Page 173
        Page 174
        Page 175
    Index
        Page 176
        Page 177
        Page 178
        Page 179
Full Text



ACTS

OFP THE



OF THE

Territory of Florida,

PASSED AT TZEIR 6TH SESSION-




II AWTTEOMITY


TALLARASSEE,

PRINTED BY JOSEPH D. DAVENPORT

1828.










OF THE


LEGISLATIVE COUNCIL,


AN ACT
To amend an act, "to provide for the appointment of
auctioneers, and define their duties ;" approved
January 20th 1827.
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the auctioneer or auc-
tioneers appointed for the Island of Key West, Mon- Auctioe
roe county, be and they are hereby required to pay to psy to
over all monies due to the Territory from Auction 'Trcasnum
sales, made by them respectively to the Treasurer
of this Territory, or such other person as he shall ap-
point to receive the same.
Sec. 2. Be it further enacted, That any person or
persons who shall offer any property at public auction,
contrary to the provision of the act to which this is an
amendment, shall forfeit and pay to the Territory, in
-addition to the fine already imposed by law, a sum not
o exceed ten thousand dollars, which shall b- r-eo-









verabie in the same manner as other fines ain forfeit-
ures
Sec. 3. Be it further enacted, That no tax shall be
aIcs bv o due to the Territory from any auction sale of lands, or
cers, ic property belonging to any county thereof, or any lands or
property belonging to the Territory ; nor shall it be
necessary to employ any commissioned auctioneer on
any sale thereof, nor on any sale made by any officer
under any legal process, or by any executor, adminis.
trator or guardian, in relation to property sold by them
in that capacity.
Sec. 4. .nd be it further enacted, That so much of
the act to which this is an amendment, as requires the
auctioneer at Key West to pay the tax arising to the
Territory from auction sales, to the clerk of Monroe
county ; and all other acts or parts of acts contrary to
the provisions of this act, be and the same are hereby
repealed, and this act to take effect from and after its
passage.
Passed, December 13, 1827,
JN. L. DOGGETT,
President of the Legislative Council
A. BELLAMY, Clerk.
Approved, December 14th, 1827.
WM. M. McCARTY,
Acting Governor of Florida

AN ACT

To authorise the disposition and sale of certain lands
belonging to the heirs of John Tanner, deceased, and
to appoint a trustee to carry the same into effect.

Whereas, by virtue of an act of the Congress of the
United States of America, entitled "An Act granting
the right of pre-emption to certain actual settlers in
the state of Mississippi, Alabama, and the f'crritor,









,i Florida, a certain tract of land has been entered and
purchased in the western land district of said Territory,
a] the name and for the benefit of the heirs of John Tan-
:ner deceased, which tract of land is known and desig-
nated in the plan of said district, as the north-west
quarter of section number thirty-three, in township
four and range six uorth and west; and whereas the va-
Jue of said tract of land depends principally upon the
advantage to be derived from its situation, as a place
of commerce and trade, and whereas the heirs of the
said John Tanner deceased, to whom the said tract of
land belongs, are infants incapable of disposing of the
came, and that its value is likely to be greatly lessened
by it remaining in its present situation, for remedy
'lihereof-
Sec. 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That Elizabeth
Tanner, the widow and relect of the said John Tanner,
deceased, be, and she is hereby, appointed a trustee,
with the power to cause the said tract of land, or so Trustee
much thereof, as she may deem advisable, to be laid
out into town lots, squares, streets and alleys, agreea-
ble to any plan which she may think proper to adopt;
and the said lots, when laid out as aforesaid, she, the Lay off lots
said trustee, js hereby authorised to sell and dispose, up- &e
on such terms, and at such times, as to her may seem fit:
Provided, that no sale of any of said lots shall be made,
unless the time and place of selling the same shall have
been published in some newspaper of this territory, at
least thirty days previous to the sale, and the same sold
at public outcry to the highest bidder.
Sec. 2. Be itfurther enacted, That before the said
Elizabeth Tanner shall enter upon the duties of said ro cxeccite
trust, she shall execute a bond with sufficient security, b1nd &c
in such sum as the County Court for the County of
Gadsder may order and direct, conditioned for the
faithful discharge of the duties of said trust, which
shall be payable to the Governor of the Territory and









his successors in office, and shall be approved by tie
Judge, and filed in the clerk's office of said court, and
may, at any time, he put in suit, if the conditions there
of shall he violated.
Sec. 3. Be itfurther enacted, That it shall be the du-
Make report ty of said trustee to make a report annually, of the si-
&c situation of said trust to the court of Gadsden County,
which report shall contain the amount and situation of
the funds arising from the sale of said lots, and if it
shall at any time appear to said Court, that the amount
of the bond given by said trustee is insufficient to secure
the objects of said trusts, it shall be the duty of said
Court to require from said trustee an additional bond,
in an amount sufficient to secure the same; and if the
said trustee shall refuse to give such additional bond
when required as aforesaid, she shall be removed from
said trust, and the same shall be committed to the
hands of some other trustee, to be appointed by said
court, and who shall execute bond and security as is re-
quired by this act.
Sec. 4. Be it further enacted, 'hat the monies and
effects received by said trustee from the sale of said
lots shall be placed at interest, or otherwise disposed
of, as the said court may order and direct, until the
UIow to ap- said heirs shall respectively arrive at the age of twen-
ply money ty one years, or until the same can be legally distribut-
from sales ed between them: Provided, That nothing herein con-
tained shall be so construed as to prevent the applica-
tion, from time to time, of such portion of the same as
may be sufficient for the education and maintenance of
said heirs, until they become of age, or until the same
shall have been distributed as aforesaid.

Sec. 5 Be it further enacted, That the said Trustee
Compensa. shall be authorised to retain, as a full compensation for
her services in executing said trust, five per centum
upon the amount of all monies received as aforesaid
from the sale of said lots; and shall, moreover, be enti-









tied to retain.a sufficient sum to cover all expenses ac-
tually incurred in the management of said business.
Sec. 6. .And be it further enacted, That this act shall
be in force from and immediately after its passage; .pel
and that an act entitled "An Act to authorise the sale fomcr act
of certain property for the benefit of the heirs of John
Tanner," approved January 20th, 1827, be, and the
same is hereby, repealed.
Passed, December 15, 1827.
JN. L. DOGGETT.
President of the Legislative Council.
A. CEL.LAMY, Clerk.
Approved December 18, 1827.
WM. M. McCARTY,
Acting Governor of Florida.

AN ACT

Authorising the Executive to appoint a clerk.
Be zt enacted by the Governor and Legislative Council Clerk to be
of the Territory of Florida, That the Executive be and appointed by
he is hereby authorised and empowered to appoint a Executive
clerk, to perform all such duties as may be required
of him in the Governor's and Secretarys' offices.
Sec. 2. vIndbe it further enacted, That the clerk so
appointed shall continue in office during the absence of Salary ,f
the Executive or Secretary, and shall receive as a
compensation for his services, at the rate of five hun-
dred dollars per annum, to be paid quarterly out of the
treasury of the territory, and that this act shall take
effect from and after its passage
Passed, December 18, 1827.
JN. L. DOGGETT,
President of the Legislative Council,
A. BELLAMY, Clerk,
Approved, December 25th, 1827.
WM. M. McCARTY,
Acting Governor of Florida.







[6'
AN ACT
To establish a ferry across the Appalaciiicola River
at or near the Town of Aspalaga.

Be it enacted by the Governor and Legislative Council
'of the Territory of Florida, That Latinus Armstead
and Marcus A. Armistead be and they are hereby
vested with the right of establishing a ferry across the
Appalachicola River, at or near the place where the
ArmisIead's said Armisteads have recently laid out a town called
crry Aspalaga ; and they are hereby vested with all and
singular the immunities and privileges belonging to the
same, for and during the term of fifteen years from and
after the passage of this act, provided they continue to
keep the same in repair.
Sec. 2. Be it further enacted, That it shall be the du-
ty of the said Latinus Armistead and Marcus A. Arm-
Rates of toll stead, their heirs or assigns, to keep in good repair a
&c flat boat of sufficient dimensions to transport across said
river a loaded waggon and team ; and they shall be eii-
titled to receive at the said ferry, toll at such rates,
and shall be subject to such regulations as may be es-
tablished by the county court of the county of Gadsden,
and the Legislative acts of this Territory.
Sec. 3. .jid be itfurther enacted, That it shall not be
lawful for any other person, to establish or keep a
ferry on said river within five miles of the ferry here-
in established, unless the same be for his, her or their
own exclusive use, and not for the purpose of receiv-
ing toll, except upon roads laid out by order of the
Government of the United States.
Passed, December 20, 1827.
JN L.DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, December 22nd, 1827.
WM. M. McCARTY,
Acting Governor of Florida.









AN ACT


To incorporate the Webbville Academy.

Sec. I. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That Char'es F.
Stewart, Thomas Baltzell, Ebenezer J. Bower, Tho- Webbville
inas Russ, William J. Watson, Joseph Russ, and Lack- Academy
land McIntosh Stone, and their successors in office, be,
and they are hereby, declared to be a body politic and
corporate, by the name and style of the trustees of the
Webbville Academy; and as such, shall be capable and
liable in law to sue and be sued, plead and be implead-
ed, and shall be authorised to make such bye-laws and
regulations as may be necessary for the government of
said institution: Provided, That such bye-laws are not
repugnant to the constitution and laws of the United
States and of this Territory; and for that purpose may
have and use a common seal, appoint such officers as
they think proper, and remove the same from of-
lice for improper conduct or neglect of duty.

Sec. 2. Be it further enacted, That the said trustees
and their successors shall be capable of accepting and
being invested with all manner of property real and
personal, all donations, gifts, grants, privileges and im-
munities whatsoever, which may belong to said institu-
tion, or which may hereafter be conveyed or transfer-
red to them;-to have and to hold the same for the pro.
per benefit and behoof of said Academy.

Sec. 3. .ind be itjfurther enacted, That when any va-
cancy may happen by death, resignation or otherwise,
of any one or more of the trustees of the Webbville A-
oadnmy, the survivors or remaining trustees shall fill









lhe same, in such manner as shall be pointed out in tite
bye-laws and regulations of said trustees.
Passed December 20, 1827.
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, December 22d, 1827.
WM. M. McCARTY,
Acting Governor of Florida.



AN ACT

To constitute new Counties of the County of Jeffersoni
and for other purposes.

Sec. 1, Be it enacted by the Governor and Legislative
Council of the Territory of florida, That there shah be,
aLiisc,' and hereby is established, a county by the name of Ma-
.ouy dison, to be comprehended within the following boun-
dary lines, viz: on the west by the Oscilla river, and
its most eastern branch or fork; on the north by the
boundary line of the st; te of Georgia; east by the With-
lacooche and Suwannee rivers; and on the south by
the Gulf.
Sec. 2. Be it further enacted, That there shall be.
Hamilton and hereby is established, a county by the name of
county Hamilton, to be comprebhended within the following
boundary lines, viz'on the west by the river Withlacoo-
cie; north by the boundary line of the state of Georgia;
and south and east by the river Suwannee.
Sec. 3. Be itfurtherenaccted, That the County Court
of Madison shall, at its first session, appoint five com-
missioners to select a permanent seat of justice for
said county; and the same shall be established by the
"4lid county court, and regulated according to law.









-e; t -i. 7B, ;' i ,!'ilhrr cnan ted, That iitie couniv oourt
'f il1an iiton couniv shall, in like manner, appoint c'nm.
Siissioners, and establish their county seat as afore-
said.
Sec. 5. Bc it fu thcri ciacted, That until the perma-
nent seat of justice of the county of Madison shall be
established as aforesaid, the county court shall be
hoiden at the house, of Mrs. Carter; and until the per-
manent seat of justice efthe county ofi amilton shall be
established as aforesaid, the county court shall' he
holden at the Miccotown, or the n~eat adjoining house
thereto.
Sec. 6. 'nd be it further enacted, That until the coun-
ty court of said counties respectively shall be organ-
ised, they shall be subject-to the orders, rules and re-
gulations of the county court of Jefferson county.
Passed, December 20, 1827.
'JN; L. DOGGETT,
President of the Legislalve Council.
A, BELLAMY, Clerk.
Approved,.December 26, 1827.
WM. M. McCARTY,
Acting Governor of Florida.



AN ,ACT

To provide for laying offthe North East Quarter of
section thirty six, Township one, Range one North
and West, and for other purposes.
Be it enacted by the Governor and Lcgistivre Council
qf the Territory of Florida, That the commissioner of
the City of Tallahassee be and he is hereby authoris-
ed and required to procee d to lay off the North East "'allaisiee
Quarter of Section thirty six, Township one, Range e.en"iel
one-North and West, into corresponding streets and
!its with the city of Tallahassee, nnd tspo'e of' the
B









snIuc in the same manner and uncer the same rule.
provisions, restrictions and regulations, as is provided
i'or in the act to provide for the laying off the tovwni
of Tallahassee and the sale of lots therein,'""approved,
December the 1 th, 1824, and'the ,". aci to amend the
same," approved January 21 ,n 1827, subject however
to the provisions heTeinafter provided for.
Sec. 2. Be it further .enacted, That the said com-
missioner shall make deeds-for the lots sold as afore-
Saie of lots
.c o said, and take deeds of trust from the purchasers for
the payment of the purchase money, and shall have the
power to appoint the trustee, who shall be known in
said trust, and shall allow to the same a reasonabic
compensation-for his trouble, aid to defray all ncilde:-
tal expenses attending sucb trust to be paid out of any
monies arising from the sale of the lots of said quarter
section
Sec. 3. Be it further enacted, That the said com-
missioner be empowered, and required to protect from
trespass, all the lands reserved, contiguous to the city
of Tallahassee, for the use of the territory, in such
manner and form as is hereinafter provided.
Sec. 4. Be it further enacted, That if any person
or persons, shall without the consent of the said coni-
Penalty a- nmissioner, cut down,-or otherwise destroy the standing
against trcs- timber upon the said reserves, such person shall be
passers subject to a penalty often dollars for every tree so cut
down or destroyed, to be sued for, before any justice
of the peace in the County of Leon ; said penalty to be
appropriated in the same manner, as other monies.
which may come into the hands of the said commission-
er, from the sale of the lots.
Sec. 5. Be it further enacted, That said commis-
'omniss ioI- sioner shall progress with the capitol according to the
e to pro- plan of said building already adopted, or which may
gress with hereafter be adopted 4)y any act of the Legislative
Capitol Council, and shall apply any moices that may arise
from the sales of the property vcsed c in his hands, 0:







ili

,Oil arise from the sales of I he lots aforesaid, towardc
.ie completion of the same.
Sec. 6. .Jid be it frhiler created, That this act is to
!.ake effect from and after its passage, anid all acts and
piarts of acts mnilitating agaiiit this act, be. and the
oame are hereby repeated.
Passed, December 20, 1827.
JN. L. DOGGITT,
Presidett of the Legislative Cocuncil.
\. BELLAMY, Clerk.
Approved, December 22d, 1827.
WM. M. MlcCARTY,
Acting Governor of' Florida.


AN ACT

To amend and in addition to an act, entitled An act
to incorporate the City of St. Augustine."
Be it enacted by the Governor and Legislative Council
i/'the Territory of Florida, That from and after the pas-
,age of this act, the City Council of the City of St.
Augustine, shall not have or possess any power to im-
pose or lay any tax whatsoever on real estate, being Real estate,
how lamcd
within the limits of the incorporation of said City, to a i t...
greater amount thanone fourth of one per centum per gusiine
year, on the assessed valuation of said real estate.
Sec. 2. Be it further enacted, That the said City
Council shall constitute a board for the preservation of
the health ofsaid City, and shall appoint a health off- noard 0,
cer, who shall be a resident Physician of said City, hcalil
and.shall have full power to pass and make: all laws
and regulations which may be requisite and proper for
the preservation of the health of said city ; and the
health officer shall preside at all meetings of said board
of health.
Sec. 3 Be it further enacted, That the said City
Council shall make such compensation to the health








CoicnsWa- officer appointed, as in the second section of this act is
ion of. directed, as to them may seem sufficient and proper.
cer and the said health officer shall hohl his appointment at
the will and pleasureof said City Council.
Sec. 4. Be ilfurther enacted, 'Ihat it shall be lawful
-for, ant.it is-hereby made the duty of said City Coun-
Free scool ciloe make provision and establish a school for the
educatiokof the youth of both sexes, of the city of St.
Augustine ; which said school shall be free to all such
youths as may be desirous of attending there, or whose
parents or guardia~ymay send them to the same ; Pro-
vided, they be residents of St. Augustine, and have re-
sided ii said city, three months previous to their being
sent to said school.
Sec. 5. Beit further enacted, 'That said school shall
be under the government and superintendance of three
trustees to be appointed by the City Council of St.
Augustine, which said trustees shall be appointed on
Trusees of the fiikt Monday in March next, and in ever other
school March following, and shall hold their appointments for
one year-; and in the event of a vacancy in the said
toard of trustees, either by death, removal or resigna-
tien, the.said City Council shall hafe power to supply
the said vacancy.
Sec. G. Be it further enacted, That said trustees
shall have power to'make allmecessary rules ,and re-
Thir power gulations for the gov n meant of said school, to appoint a
ac teacher or.teachers for the same, and to allow such
teacher or teachers such compensation and pay as may
"idhft trjudgment seem proper; and it shall be the
duty of said trustees to make a report of all their acts
and doing to the said city council of St. Augustines su
ofen as they may be requested so to do.
Sec. 7. Be it further enacted. That it shall be the
daty of said City Council of St. Augu'stine, to pay over
to the said trustees on'chird of all taxes tlht -may be
collected by virtue of any law or ordinance of said city
Z'ouncil, which said one ULird o' said taxes shall be ap-









T;ropriated towaris thle de:friain; tih expenses ai:
support ofthe school herein proviied folr by this act.
Sec. S. Be It uirtlher enacted That hereafter at the
next stnted and annual election for Aldermen of the
city of St. Augustine, but live Aldermen including the
.Mayor, shall be elected and chosen. which saiu Mayor city cour;:..
and Aldoermen siall constitute the City Council of said number cr
city, and a majority of said A!dermen shall constitute a
luor' Ill.
Sec. 9. Be it further enacted, That in the event oi
the death, absence or inoapacity-of. the Mayor to act Prcsldent of
as such, it shall be the duty of said city council to elect Council.
a President from their own body, who, during the ab-
sence or incapacity of the Mayor, shall preside at their
meetings, and shall possess all the powers, and exe-
cute all the duties, that beloi )or appertain to the of-
fice of Mayor of the city of St. Augustine.
Sec. 10. Be it Jurther enacted, That no youths, of
either sex, shall be admitted into said school, whose
parents or guardians shall not be liable to pay a city
tax.
Sec. 11. A.fnd.be itfurther enacted, That so much of
the act to which tliAis an amendment and addition, ap-
proved on the 28th December, 1824. as is inconsistent
with this act, be and the same is hereby repealed.
Passed, December 20, 1827.
JN .. O DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.,
Approved, December 29, 1827.
WM. M. McCARTY,
Acting Governor of Florida.








AN ACT

Relative to the erection of mills and mill dams, aod
prescribing the duty of millers.
Be it enacled by the Governor and Legislative Coruncil
of the Territory of Florida, That, hereafter, whenever
any -prrson owning lands in the western judicial dist-ici
of this territory, on any water course, the bed whereof
belongs to himself, may desire to erect a water grist
mill, or other machine, or engine of public utility there-
on, ad shall not have lhe fee simple property to the
lands on the opposite side thereof, against which he
would abut his dam, lie shall make application for a
writ of ad quod damnum, tdo-the county court of the
county where the lands proposed for abutment are.
having previously givenfTbn days notice of such appli-
M;n l.ans 1n cation to the owner of such lands, hii agent or attorney;
Witern s- and the said court shill thereupon order the aforesaid
writ to be issued, directed to the sheriff of the county.
and commanding him to summon and empannel twelve
freeholders of said county, to meet upon the lands so
proposed for the abutment, on a day to be named in said
."ir writ to examine the same. Provided, that nothing ii
this act shall be so construed as to interfere with any
building or other structures of the person from vwhon:
any lands or lencnents-shall be taken as aforesaid, with-
out the consent of such person or owner of such lands:
and in all cases where there shall be any lands con-
demned as aforesaid, and either party shall be there-
by aggrieved, such person shall hare the right of ap-
peal peal to the superior court or court of appeals of this
territory.;
Sec. 2. Be it further enacted, That the said free-
holders when empannelled as aforesaid, shall be char;.-
ed, on oath, impartially to view said lands so proposed
ivry o make for an abutment, and to circumscribe by certain metes
inquest and bounds one acre thereof, having due regard to the
interest of both parties, and to appraise the same a'-









urding to its value; and to examine what other lan s,
abovee and below, may be overflowed by the erection
ofsaid dam or works; and to ascertain the value of the
same, and to whom they respectively-belong, and what
other damages may arise, and to whom, from the erec-
tion of the same; which inquest when made as afore-
said by said freeholders, shall be delivered to said she-
riff, whose duty it shall be to return the same to the
court ordering said writ; and if the party applying for
the same shall pay the value of the lands ascertained,
and the damages assessed as aforesaid to the person en-
titled to the same, the said court shall forthwith grant
permission for the erection of said dam and works:
Provided, that in no case, hall the same be granted,
if the said freeholders in the report shall state, that
the injury likely to result to the neighborhood from tlie
erection of said ,vorks either by sickness or otherwise,
will be greater than the benefits to be derived from
the-same.
Sec. 3. Be it further enacted, 'hat where any 4 fil
or other water vwolks have heretofore been erected in ar alea
the western judicial district of this territory and (he uy erecte:
owner thereof is legally possessed of the lands on one
'ide of the stream only, or if the land of any other
person is overflowed thereby, or if his darn abuts upon
the land of any other person, it shall-be his duty, with-
in six months after the passage.of tlis act, to apply for
a writ of ad quod damnnum as aloresaid, and have the
S'lue of the same ascertained, and the damages assess-
ed and paid in the manner pointed out in the preceding
section of this act; and if he shall fail to do so,,it shall
be lawful for the person pr persons wh6se lands are o-
verflowed as aforesaid, or abuttedupon by said dams,
to cause the same to be abated as a nuisance.
Sec. 4. Be it further enacted, 'hat if any person shall
get permission as aforesaid to erect a mill or other
works, and shall fail to erect the same t*r the space.of'* r" of.;:.;
vwo years after the date of said permission, or having right









erected the same shall afterwards suffer them to gc
down and remain vacant for two years, without attempt-
ing to re-establish the-'ame, every such person shall
lose the right which, he, she or they had acquired by
said permission, or by the previous erection of said
mill or other works.
Sec. 5. Be it further enacted, That it shall be the du-
ty of all owners of grist mills throughout this terri! c:y,
rer o o. or parsons employed in keeping the same, who grind for
.r:indini toll, to grind each person's grain taken to-his or their
mill,4w the order. in which :,he same be received, not
giving a preference to any particular person to 4the ex-
clusion or injury of another; and that no owner of a mill
or other person employed in keeping the same, shall be
allowed to retain as toll for grinding any corn or other
grain, more than one-ei hth part of the same.
Sec. 6. ,/nd be it further enacted, That if any owner
'cialty for of a mill or other person keeping the same, slall refuse
refusal to to grind any corn or other grain brought to his mill for
nriad thai purpose, in its proper turn and time, and in a pro-
per manner, such mill being in orde'to grind the same,
or shall rPgtain more than one eighth for toll, every such
person guilty of any of said offences, shall be liable to a
fine of twenty dollars, to be recovered before any ins-
tice of the peace for the use of the person suing for
the same: Provided, thet nothing herein contained,
shall be construed to pbvent any owner or person em-
ployed in keeping a mill, rom grinding his own grain
at any time, and to the exclusion of any other person.

Passed, December 20, 1827.
4 JN. L. DOGGETT,
President of the Legislative Council,
A. UBELLAMY, Clerk,
Approved, December S2d, 1827.
WM. M. McCARTY.
Action. Governor of Foiijrid,









kN ACT


io repeal the law regulatingg the proceedings in coL-
structiiig or repairing partition fences."
HBe it enarted by Ihe Gov.ernor and Legis-lative Council epeal
il the Territor qof Florida, That the law reconsidered iobrmr act.
and passed January 5th, one thousand eight hundred
and twenty-seven, entitled, "an act regulating the
proceedings in constructing and repairing partition fen-
'es" be and the same is hereby repealed.
"'assed, December 22d, 1327.
JN.L. DOGGETT,
President of the Legislative Council.
'.. BELLA3MY, Clerk.
Approved, December 28th, 1827.
WM. M. lcCARTY,
Acting Governor of Florida.



AN ACT
fo exempt certain property from execution and attach-
ment in this territory.

!3e it eactedl by the Governor and Legislative Council
:f the Territory of Florida, That all actual boualide
i, isekeepers with a family, shall have exempt from
execution or attachment, such portion of his or her pro-" Certain
perty (exclusive of wearing apparel) as may be neces- Properly,
;ary for the support of such family: Provided, lhat the exe"mpi tfom
.ame shall not, in any case, exceed the sum of one hun- 'xecu'tiOf
dred dollars.
Sec. 2. Be it further enacted, That the property fo
ie exempt as aforesaid shall be selected by the person
-laiming ihe exemption, but shall, in all cases, include Kid of
the necessary implements of huibandry and the house- o:'n':
:old utenli!s of s!ch family, or so much thereof as sia!i









Soc. 3. Be it further enacted, That the officer at-
S empting to levy any execution or attachment, when
ons to be the property is claimed to be exempt under this law.
znmmoned shall summon -three disinterested persons, who shall
take an oath to appraise so much of the property here
in allowed to be exempt according to its true value, a-
may be necessary for the support and sustenance of
said family: Provided, the same shall not exceed one
hundred dollars as aforesaid.
Sec. 4. Be it further enacted, That all property which
is claimed as being exempt from execution or attach-
P-'operty nient by virtue of this act, shall, from the time of the
xeonmt to interposition of such claim, be held and considered as
wife a chil- the property of the wife and children, or eit ier of sucle
dren person ; and shall not thereafter be subject to the pay
inent of his dejts, or in any other way to be disposed
of by him.
Mechanics Sec. 5. Be it further enacted, That the working tool,
tools &C. Cx- of persons engaged in mechanical pursuits, and all nu.
erupt from
ievy litary equipments, shall be exempt from levy or ai-
'tress.
Sec. 6. Jnd be it further enacted, That an act entitlci
"an act to exempt certain property from executio-n,
approved January 20, 1827, be, and the same is here
by repealed.
Passed, December 24, 1827,
JN. L. DOGGETT,
President of the Legislative Council
A. BELLLMY, Clerk.
Approved, January 1, 1828.
WM. M. McCART1.
Acting Governor of Florida;









AN ACT

i'o ime~;d an act dividing the territory of Florida iiit,
i!hrteen ciection districts, an.i providing lo the elec-
!ion of members of the Legislative Council.

je It enz:cied by the Governor ac.n Lcgislatice Comticil
f lthe Territory of Florida, That from and after the
publication of this act, the twelfth election district shall
comprehend and comprise all the county of St. Johns Iotl,("
lying south of a line commencing at the northern boun- o d-.,
dary line of the city of St. Augustine, and running thence
to the mouth of six mile creek on the river St. John's,
together with the county of Musquito.
Sec. 2. Be itfurther enacted, That where there are
two entire election districts in any one county, it shall li;snein ci.-
be lawful for the citizens of such county to vote for the t:in co;unies
Ivo members to represent said distri ts throughout
their county respectively, without regard to the line
dividing said districts.
Sec. 3. Be it further enacted, That the election for
members to the Legislative Council shall be held an- Time of
eiectionl or
nually on the first Monday in August in each and every members.
year.
Sec. 4. And be it further enacted, That so much of the
eleventh section of the act to which this is an amend-
nent, as requires the Governor to transmit a list of
votes to the two highest candidates, and every other
part of the said act which is inconsistent with this act,
be, and the same is hereby, repealed.

Passed, December 24, 1827.
JN. L. DOGGETT,
President of the Legislative Council..
A. BELLA3Y, Clerk.
Approved December 29, 1827.
WM. M. McCARTY,
Acting Governor of Florida.








AN ACT


To amend ani act :to incorporate the City of Taii,.
hassec."
Be it enacted by the Gorcrnnr apd Legislttire Councnf
of the Territory qf Florida, That all the duty and power
given to the City Council of Tallahassee by the seven-
teenth section of the act to which this is an amendment.
'Itenaat ofe be, and the same is hereby, transferred to, vesed in,
and required of the Intendant of said city; and said
Intendant, or any two of the said City Cou;ncil be, and
they are hereby, empowered respectively, to order an
election to fill any vacancy that may occur in said board
during the recess of their annual election.
Sec. 2. Be it further enacted, That the south-west
quarter of section thirty-six, township one, range one
Limits of north and west, the north-east quarter of the same sec-
ciay extend- tion, and the north-east quarter of section one, township
ed one, range one south and west, be, and the same are
hereby, included within the limits of the city corpora-
tion of Tallahassee; and all persons andprivate proper-
therein shall be subject to the same ordinances,
laws and regulations of tie Cit Council of the said
city corporation, as the persons and private property
now are within the present limits ofsaid corporation.
Sec. 3. Be it further enacted, 'hat the City Council
of 1 allahassee shall be empowered, and they are here-
by required, to take possession of twenty-five acres of
land of the north-east quarter of section one, township
Twenty five one, range one south and west, surrounding the water
acres and fall, according- to the act of Congress, approved 8th
Siateral to Febtuary, 1827, allowing the same: and after making
possession the necessary reservation of tlhe water fall and the
by the City creek thereto as shall add to the convenience and health
council. of said ty, they shall dispose of the same by rent or
lease, in such manner, and under such regulations as
the said City Council shall deem best for the interest
aud benefit of said city. and shall app!y the fonds ari--








-ag therefrom towards the erction of such buildings
and structures upon said land, a; shall be for the conve-
nience and public interest of said city.
Passed December 24, lb27.
,N. L. DOGGETT,
President of the Legislative Council.
k. BELLAMY, Clerk.
Approved, December 29, 1827.
WM. M. McCARTY,
Acting Governor of Florida.


AN ACT
To establish a Ferry over the river Appalachicola.

Be it enacted by the Governor and Legislative Council
,f the Territory of Florida, That John McCulloch be,
and he is hereby vested with the right and power of
establishing a ferry, and charged with the duty of keep- McCulloclhs
ing the same in repair across the Appalachicola, near ferry
three-fourths of a mile below the junction of the F'intv
and Chattahoochie ri.'er; and the said John McCulloch
shall continue in the enjoyment of the right of said fer-
ry, for and during the term of fifteen years: Provided,
that the said McCulloch shall so long keep the said fer-
ry in good repair.
Sec. 2. Be it further enacted, That it shall be un-
lawful for any other person or persons to establish or
keep a ferry within five miles of said ferry on the river
Appalachicola, except it be for his her or their own
use, and not for gathering toll.
Sec. 3. And be it further enacted, That it shall be the
duty of the said John McCulloch, his heirs and assigns,
to keep at all times a good and sufficient flat, or other
craft of sufficient size, to cross a waggon and team; and Toll &c
that he shall receive such toll as may be fixed from
time to time by the county court of Gadsden county,









an1 be subject to the order of said court, or any fluItur
Legislative Counciil of this territory .
Passed, December 28, 1827.
JN. L. DOGGETT,
President of the Legislative Council,
A. BELLAMY, Clerk,
Approved, December 28th, 1827.1
WM. M. McCARTY,
Acting Governor of Florid,.

AN ACT
To constitute Trustees for West Point, Bay of Apipa
lachicola.
Be:it enacted by the Governor and Legislative Councl
of the Territory of Ilorida, That David L. White,
ir'nstees c. Charles S. Masters, John Jenkins, Benjamin J. Buel,
w' es oit and Martin Brooks, and their successors in office, be
tco. trustees, and they ire hereby created a body corporate
and politic, by the name and style of trustees for West
Point, Bay of Appalachicola; and as such, may assurnm
the identity of a natural person, with the trusts, powvel
and duties hereinafter provided.
Sec. 2. Be it further enacted, That said trustees shall
hold their respective offices during the pleasure of the
Legislative Council, and shall have power, and it i.-
Their duty hereby made their duly, to fil all vacancies that shall
ac occur in their own body. The said trustees shall elect
from their own body a chairman-not less than three ot
their numa:',r shall be necessary to transact business.
and they shall meet at such times and places within
the limits of the aforesaid West Point, Bay of Appaia.
lachicola, as they may deem necessary.
Sec. 3. Be it further enacted, That said trustees shall
have poier and full authority to prevent and remove
Power &c nuisances; to license and regulate retailers of spiritous
liquors; to restrain and prohibit all sort of gaming; to
establish and regulate markets; to commission and li-
coie e wvciighers; to direct the safe-keeping of the star








arti of weiigits and measures appointed by congress; to
provide and regulate streets, squares and lots, and th.
,irection oi' i'inces and other striuctnres; to establish anli
regulate )at rols;to rest rain and punish vagabonds and dis-
orderly persons; to erect and keep wharves: to appoint
iad regulate pilots and pilotage, for said bay and harbor
Af Appalachicola; to i eulate the anchorage and moor-
ing of vessels in the same, and generally to provide fror
hie interior police and good government of said place.
Sec. 4. Be it further enacted, That the said trustees
-hall have power to enforce and carry into effect all
laws of the Legislative Council of this territory, and
of their own board regulating the quarantine of vessels, To appoint
.nd for the preservation of the health of said ,place; rleaith ofli-
and shall have the power to appoint a health officer ahd cer pQ
'uch other officers as they may deem necessary to car-
ry into effect their laws and ordinances, and shall allow
them such compensation as they may deem proper and
right
Sec.. 5. Be it further enaeted, That the said trustees
shail have power to pass all laws to enforcee the ~ol-
lection of any money due said corporation, subject, ne-
vertheless, to an appeal to any curt of record in this
territory, and shall apply all monies arising from their
trust towards the erection of hospitals and the mainte-
nance of the sick, after paying all reasonable expenses
of the operation of their corporation. ,
Sec. 6. .nd.be it further enacted, lhat the chairman Cir to
.'f said board shall hav e the power and receive the a,.e tees of
fees of a justice of the peace. This act to take effect a justice.
from and after its passage.
Passed, December 28, 1827.
S, JN L. DOGGETT,
President of the Legislative Council.
A. Br LLU 'v. Clerk.
Approved, December 29, '1827.
WM. M. McCARTY,
Acting Governor of Florida.









AN ACT

To prevent Fire Hunting.
Be it enacted by the Governor and Legislaticc Council
of the Territory of Florida, That it shall not be lawful
for any person or persons to hunt with a gun by fire in
the eightt time, at any place within this territory west
of the Suwannee river, except within his own enclo-
i ire inting sures; and any person convicted thereof before any jus-
prohibited tice of the peace of the county wherein the offence was
committed, by the oath of one or more credible wit-
nesses, shall forfeit and pay for every such offence not
exceeding five dollars, to be recovered with costs by
warrant of the justice before whom the conviction shall
be had at the discretion of the justice,-one half for the
use of the county in which the suit may be brought, and
the other half for the use of the person suing for the
same; and in case any person or persons so convicted
shall refuse or neglect to pay such fine, it shall be the
duty of the justice before whom he or they shall have
been convicted, to commit such person or persons to
the jail of the county whE re the offence shall have been
committed, there to remain, without bail or mainprize
any term not less than one day, or more than thre-
months.
Sec. 2. Be it further enacted, That if any person hunt-
ing with fire light in the night time, shall kill or wound
Double dam- any horse, marc, colt, neat cattle, sheep, goat or hog.
ages to be re or other domestic animal, not oeing his own, the person:
-cvercd so offending shall be liable to an action at law for double
the value of said animal to the person aggrieved, in ad-
dition to the above penalties.
Sec. 3. Be itfurther enacted, That if any slave o
-laves fire slaves shall be discovered fire hunting in imanier aforc-
Iunlting said, such slave or slaves, on conviction thereof, in
manner aforesaid, before any justice of the peace for
the county wherein the offence may have been com-
mitted, shall. by order of the said iistlice, rncr-i, ) .









exceeding thirty lashes well laid on upon his bare back;
and the master or owner of such slave, or the person
in whose care he shall be, if said hunting was done by
his or their order, shall forfeit and pay the sum of tell
dollars for each slave so convicted, to be recovered
with costs, by warrant, of the justice before whom the
conviction shall be had, and paid by such justice into
the treasury of the proper county for county pur-
poses.

Sec. 4. Be it further enacted, That if any person con-
victed before a justice of the peace in manner aforesaid,
of sending or having sent his or her slave, or any slave Peronssen
in his or her charge or care, to fire-hunt in manner be- dlin--s't
fore mentioned, the p ;rson so offending shall be subject liable .
to the same pains and penalties as are provided by this
act to be inflicted on tire hunters, but the slave so sent
shall receive no punishment.

Sec. 5. Be it further enacted, That if any person sum-
moned to give evidence against any person accused un-
der this act, shall refuse or neglect to give such evi-
dence, the person so refusing or neglecting shall be Penalty for
n Ir et'Usal to
committed to the jail of the county where the offence give evi-
shall have been committed, until he shall give such ence
'estimonv.

Sec. 6. Be it further enacted, That the captains of
tie several companies of militia in this territory, shall Act to be
cause e this act to be read at the head of their respec- read to the
rive companies twice in every year, under the penalty milit;a
Af forfeiting to the use of the county for every such ne;-
ect live dollars, recoverable by warrant of any justice
of the peace of the proper county, on the outh of two
respectable witnesses.









Sec.. 7. .ilt be it further enacted, That this act shall
take effect from and after its promulgation.
Passed, December 28, 1827.
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved January 1st, 1828.
WM. M. McCARTY,
Acting Governor of Floritda


AN ACT

To prevent the marshals of the several Judicial Dis-
tricts in this Territory from taking Grand and Petii
Jurors from the counties in which they reside, undei
certain circumstances.

Be it enacted by the Governor and Legislative Councit
f the Territory of Florida, That hereafter, it shall not
be lawful for the marshals of the several judicial dis-
tricts in this territory to summon grand or petit juroir-
orso bfe to attend the superior courts held in any other county
ilhe county than the one in which such grand or petit jurors reside:
in which Provided there be a superior court established by la,
Ihey reside in the county in which said jurors do reside.
Passed, December 27, 1827.
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAVIM, Clerk.
Approved, January 4, 1828.
WM. M. AlcCARTY,
Acting Governor of Floridoi









AN ACT

To authorise and empower the county court of Nassau
to appoint commissioners to select a seat of justice
i'ur said county.

Be it enacted by the Governor and Legislative Council
if the Territory of Florida, That it shall be lawful, and
is hereby made the duty of the county court of Nassau,
to appoint five discreet and proper persons to select Countseat
and make choice of a seat of justice for said county; to be select-
and the said county court shall, at their next term, or ed
the term next following, appoint such discreet and pro-
per persons to select the county seat for said county;
which said persons shall, at the term next after their
appointment, report to said county the place they may
have selected; whtch selection, if approved by said
court, shall be the permanent seat of justice for the
county of Nassau.
Sec. 2. ,And be it further enacted, That an act entitled
'an act to establish the county seat of Nassau, approved Repeal of
the 18th January, 1827, and all acts and parts of acts in- fomeg ac
consistent with the provisions of this act, be, and they
are hereby repealed.
Passed, December 29, 1827.
JN. L. DOGGETT,
President of the Legislative Council.
.k. BELLAMY, Clerk.
Approved, January 4, 1828..
WM. M. McCARTY,
Acting Governor of Florida.









AN ACT

To provide for holding additional terms of the district
and superior courts in this territory, and for other
purposes.

Be it enacted, by the Governor and Leg slative Council
.ieto,. of the Territory of Florida, That the judge of the dis-
aupcrior trict and superior courts of Middle Florida shall hold a
court time court on the fourth Mondays of May and November, in
d the county of Jeffersoin, at the county seat of said coun-
ty, in each and every year.
Sec. 2. Be it further enacted, That all acts and
parts of acts of this territory restricting the district
SuperioC and superior courts to a limited time of holding their
Courts not
restricted in respective terms, be, and the same are hereby re-
their terms pealed; and said courts shall be holden hereafter as
long at each term as the business of said courts respec-
tively shall require.
Passed, December 31, 1827,
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, January 5, 1828.
WM. AM. McCARTY,
Acting Governor of Florida.



AN ACT

For the suppression of vice, and punishing the disturb-
ors of religious worship and Sabbath breakers.

Be it enacted, by the Governor and Legislative Council
of the Territory of Florida, 'That no officer, for any civil
cause, shall arrest any minister of religion licensed ac-
cordinL to the ru!,s of his sect. while such minister









-.ail be publicly preaching or performing religious wor- litersrs nt
.hip in any church, meeting-house or otler lace of re- ,', ,, .
uigious worship; and every officer so off:nding and being i,1.c a!,
thereof convicted, shall be fined and imprisoned at the
discretion of the court; and shall, moreover, be liable
to the action of the party arrested.
Sec. 2. Be it further enacted, That if any person shall, l);st,uriers of
on purpose, maliciously or contemptuously disquiet or ,,rl:e-;
disturb any congregation assembled in any church, lin toh)e
meeting-house or other place of religious worship, or punished
misuse such minister being there, he may be put under
restraint during religious worship, by any justice pre-
sent; which justice being present, or if none be present,
then any justice before whom proof of the offence shall
be made, may cause the offender to find two securities
to be bound by recognizance in a sufficient penalty for
his good behaviour, and in default thereof, shail com-
mit him to the jail of the county wherein such offence
shall be committed, there to remain not exceeding one
month.
Sec. 3. Be it further enacted, That if any person, on personss em-
the Sabbath day, called Sunday, shall employ his ap- .n
prentices, servants or slaves in labour or other business, 1,day tou
except it be in the ordinary household business of daily fined
necessity, or other work of necessity or charily, lie
shall forfeit and pay the sum of two dollars for every
such offence, deeming every apprentice,servant or save
so employed as constituting a distinct offence.
Sect 4. Be it further enacted, Ilhat no merchant or
shopkeeper or other person shall keep open store, or Werchsnt
dispose of any wares or merchandise goods or chattles on &c .,. o
the first day of the week called Sunday, after 10 o'clock o. :
A. M. of that day, or sell or barter thesame upon pain day
that every person so offending shall forfeit and pay the
sum of twenty dollars for every such offence.
Sec. 5. Be it further enacted, That no person or
persons, upon the first day of the week called Sunday,
shall serve or execute, oi cause to be served or exc-









cuted, any w'rit, process or warraI)ii, order, judgieih'
or decree, except in criminal cases, or for a breach of
the peace; but the service of every such process, or-
lder, warrant, judgment or decree, shall be void to all
intents and purposes whatsoever; and the person or
Procri. persons 30 sec'viiig or executing tle same, shall be lia-
e. oi b[le to the suit of the party aggrieved, and to answer
voUid' damages to him for doing thereof, as if he or they
had done the same without any writ, process, war-
rant, order, judgment or decree: Provided, that if ii-
formation shall be made by the oaths of two respecta-
ble persons to any justice of the peace or nmaistrat(
of any corporatL town, that they have good reason to
believe that any person liable to have any such process.
warrant, order, judgment or decree served upon him, in-
tends to withdraw himself an,'I escape from this territory
under cover an] protection oftile said first day of the
week called Sunday,-in that case, it shall be lawful for
any officer duly autnoi ised, being furnished with a ce -
c t ificate of such information upon oath as aforesaid.
sis csc:ip- under the hand of the justice of the peace or ma-
in;' to avoid gistrate as aforesaid, to serve or execute such pro-
proc.ss cess, warrant, order, judgment or decree on the said
first day of the week called Sunday, which shall be as
valid and effectually done to all legal intents and pur-
poses, as if the same had been done on any other da-.
of the week.
Sec Be it further enacted, That if any person or
persons whatsoever shall shew forth, exhibit, act, repre.
Shows &c sent or perform, or cause to be shewn forth, acted, re-
oi S'iny presented or performed, any interludes, farces, or plays
of any kind, or any games, tricks, juggling, slight of
hand or feats of dexterity and agility of body, or any
bear-baiting or bull-baiting, or any such like show or ex-
hibitions whatsoever, except in the cities of Pensacola,
St. Augustine and Fernandina, on the said first day of
the week called Sunday, every person so offending, and
bei:n thereof convicted before any justice of the peace









o, the county where the oirence shall have !been con-
alitted, shall, for every such offence, forfeit and pay
the sum of fifteen dollars.
Sec. 7. Be it further enacted, That all offences spe-
cified in this act and not otherwise directed, shall be
cognizable before a justice of the peace, and if any
person offending in the premises aforesaid, shall be
thereof convicted before any justice of the peace for
the county wherein the offence shall have been com-
mitted, upon the view of the said justice, or confession ,e dIstress
of the party offending, or proof of any witness or wit- warrant a-
nesses upon oath or affirmation, then the said justice gamiust offefn-
before whom such conviction shall be had, shall direct de
and send his warrant under his hand and sea], to some
constable of the county, commanding him to levy the
said forfeitures and penalties by distress and sale of the
goocs and chattles of such offender or offenders; and in
case no such distress can be had. then every such of-
fender shall, by warrant under the hand and seal of
said justice, be committed to the jail of iis county for
the space of twenty-four hours for every oiience.
Sec. 8. Be it further enacted, That it shall be the du- Fine to be
ty of the justices, before whom such conviction shall be p:it had, to take and receive all such forfeitures and lines, county Trea.
as may become due by virtue of this act, and pay the surel
same to the treasurer of the county wherein the crime
was committed for county purposes.
Sec. 9. Jnd be it further enacted, That no person shall offence to '-
be prosecuted for any offence against this act, unless the i'trcute"
proseci:tion be commenced ivithia three days after the
commission of such offence.
Passed, January 1st, 1828.
JN L. DOGGETT,
President of the Legislative Council.
A. BELL.tY, Clerk.
Approved, January 5, 1828.
WM. M. McCARTY,
Acting Gorernor of Florida.









AN ACT

Tio provide fo,' the support and maintenance of bastard
children.
Be it enacted by the Governor and Legislative Council
of the Terr;itory of Florida, That when any single woman
who shall be pregnant or delivered of a child, who, by
law, would be deemed and held a bastard, shall make
Mother of complaint to any one or more justices' of the peace for
bastard to the county where she may be so pregnant or delivered
comnpiaa be- as aforesaid, and shall accuse any person of being the
fore Justicc father of suh child, it shall be the duty of such justice
or justices to issue a process, directed to the sheriff,
coroner or constable of such county, against the person
so accused as aforesaid, and cause him to be brought
forthwitli before him or them; and upon his appearance,
it shali be the duty of said justice or justices to ex-
amine the said female on oath, in the presence of the
man alleged to be the father of the child, touching
the charge against him; and if said justice or justices
shall be of opinion that sufficient cause appears, it shall
be his or their duty to hiad the person so accused in
bond with good and sufficient security, to be and appear
before the next county court to be holden for said coun-
ty, and in the menia time to be of good behaviour.
Sec. 2. Be it Jurther enacted, That the county court
aforesaid, at their next term, shall have full and com-
pl ete cognizance and jurisdiction of said charge of bus-
tardy. and shall zause an issue to be made up, whether
ouny the reputed father is the real father r of the child or not,
court totake which issue shall be tried by a jury: Provided, ne-
cognizance verlheless, that the enquiry shall not be exparte, but
the reputed father shall have a right to appear by him,
self or counsel, and controvert, oy all legal evidence,
the charge alleged against him.
Sec. 3. Be it further caacted, That if' the issue be
found against the defendant or reputed father, then he
shall be condemned, by the judgment of said court, to









,ay not exceeding fifty dollars, and all necessary inci-
'dental expenses attending the birth of said child, at the
discretion of said court, yearly, for ten years, towards
ihe support, maintenance and education of said child;
and the said reputed father shall give bond with good
:nd sufficient security to be approved by the court, for Judgment n-
{he due and faithful payment of said sum of money at against flthe:C'
the times therein named, which shall be made payable of chi
to the said court, and laid out and appropriated under
their special order and direction, from time to time
made; which said brnd shall be, and hereby is,-declar-
ed to have the same force, validity and effect as a
judgment of said court, upon which execution may is-
sue, as often as money thereon shall become due and
payable: Provided, however, that if said child should
not be horn alive, or being born, should die at any time,
and that fact suggested upon the record of the county
court, then, and from that time, the bond aforesaid shall
be void.
Sec. 4. Be it further enacted, That if upon the trial of Mother to
ilie issue aforesaid, it should be found by the jury a- pay costs if
issue tbund
rainst the woman, or that such bastard is not the child against her
of the reputed father, then the judgment of the court
shall be, that the defendant or reputed father be dis-
charged, and that the woman making the complaint
.hall pay all costs occasioned thereby.
Sec. 5. Be it further enacted, That if the mother
of any bastard child and the reputed father shall at any iae avoids
'ime after its birth intermarry, the said child shall, in the bond
all respects, be deemed and held legitimate, and the
bond aforesaid be void.
Sec. 6. A.4d be itjurther enacted, That it shall be
ihe duty of the county court to appoint a guardian or Guardain Fo,
guardians to said child; and upon his, her or their enter- child to Ibo
ing into bond with good and sufficient security, to be appointed
approved by the court, for the faithful performance of
his, ler or their duty, the money shall be paid over by
01( c( urt to such guardian or guardians. This --
fI








i~iiil be in force from and after the passage thereof
Passed, January 2, 1828.
JN. L. DOGGETT,
President of the Legislative Couucil
A. BELLAMIy, Clerk.
Approved, January 5, 1828.
WM. M. McCARTY,
[Acting.Govprnor ofFlorida.


AN ACT

Respecting Estrays.
Be ft enacted by the Governor and Legislative Counc.
if the Territory of Florida, That it shall and may be
lawful for any person upon his owni freehold, or other
person having charge of such freehold in the absence of
the owner thereof, and not elsewhere, to take up ali
strays, whether horse, mare, colt, filly, ass, mule,
neat cattle, sheep, goat or hogs, that may be found
straying away from their owners;, and every person
taking up estrays as above, shall, within ten days, in
I r s to be case such estrays have been broke to service, take or
al ben blo drive it or them before a justice of the peace in the
county, whose duty it shall be, and he is hereby re-
quired, to take downin writing a particular descriptionI
of the marks, natural and artificial, brands, stature,
age and colour of such estray or estrays, and immedi
ate y to issue his warrant to two or more freeholders
or householders of the vicinage, commanding them.
having been first duly sworn thereto, well and truly to
appraise or ascertain the value of such estray,-which
appraisement or valuation and description as above,
together with the name of such taker up and the place
of his abode, the said justice shall, within ten day.
thereafter, transmit to the clerk of the county court of
said cotinty, taking special care that the person or per-
sons taking up such estray, do solemnly swear or aflirm









nat he or they have not altercl, or .anoed to be aiter-
dii, the marks or brands of such estray; ani! to the bess
I' his or their Iknowledge and belief, such marks oi
irands have, or have not, (as the case may he) in any
,.ise been altered, and that the owner or owners is to
"imn or them unknown.
Sec. 2. Be it further enacted, That in case any per-
son shall take up any such estrayed neat cattle, sheep.
oats or hogs, he shall cause the same to be viewed by
t householder iu the county where the same shall hap-
pen; and that the taker up be compelled to advertise
;aid estrays at least ten days, at the place of holding
,'istices' courts in said district prior to tolling, and shall, oathl otf
!nmediately thereafter, go with such householder or ker up aii
'reeholder before a justice of the peace for said coun- vie't'
'y, and make oath before him that the same was taken
',p at his plantation or place of residence in the said
county and that the marks or brands of such estray
,iave not by him, or to the best of his knowledge, been
altered; and then the said justice shall take from the
said taken up and householder or freeholder, upon oath,
a particular and e':act description of the marks, brands,
colour and age of all and every of such neat cattle,
sheep, goat or hog; and such justice shall, in manner a-
bove directed, issue his warrant for the appralsement
of such estrays, which description and valuation shall,
by said justice, within ten days, be transmitted, to the
clerk of the county court, by him to be disposed of as
hereinafter directed.
Sec. 3. Be it further enacted, That it shall be the du-
ty of every justice of the peace before whom any estray keep c-',i:-
shall be carried as dforesaid, to enter a true copy of book
the certificate transmitted by him to the clerk of the
court, in a book to be by him kept for that purpose.

Sec. 4. Be ti further enacted, That it shall be the du- c l-c o,
'y of the clerk of the county court in each county in coun It cy,.a
'his territory, and he is hereby required, to receive
tnd enter in a book by him to be provided and kept foe









that purpose, ali such certificltes of ucih description
of appraisement as to him shall be transmitted from
I cates oft the respective justices of the county; and it shall also
IStraVy be the duty of the said clerk of the county court, to af-
fix a copy of every such description and valuation to
the court-house of his county, for two terms succes-
sively, after the same shall be transmitted to him.
Sec. 5. Be it further enacted, That it shall be the
duty of the taken up, and he is hereby required, to
bring to the court-house in the county wherein he re-
sides, and deliver to the clerk of the county court of
said county, every estraycd horse, mare, colt, filly,
ass or mule, on the first sheriff's sale d(y that shall
happen after the expiration of twelve months from the
clcrk to sell time of entering su l estray as aforesaid with the jus-
tayed twice; and it shall be the duty of the clerk to proceed
'orse &c tosell such stray or estrays as aforesaid, on the day
aforesaid, between the usual hours, for ready money,
to the highest bidder; which money shall, in the hands
of said clerk, be subject to the order of the judge ofthe
county court for county purposes, after defraying the
charges of fees hereinafter directed; and every taker
up who shall neglect or refuse to comply with these
requisitions, shall be liable for double the amount of
the appraisement, to be collected by execution under
the hand and seal of the presiding judge of the county
court, unless sufficient cause to the contrary be shewn
the court at the next term thereafter; and the said for-
feituie, when collected, shall be applied to the use of
the county, after deducting legal fees.
Sec. 6. Be it Jurther acucted, That in case any per-
son shall take up as aforesaid any neat cattle, sheep,
unstablee goats, or hogs, and no person or persons shall appear
a ct leep- and make satisfactory proof within three months, that
s.... the said estrays are his, her or their property, the jus-
tice having given twenty days notice by advertisement
in two of the most public places in the captain's district
wherein he resides, shall proceed to sell the said es-
trays by his consta!p l: !upon one of' his cc' rt days, be-









veen the usual hours, for reaidv money, to the highest
.idder; and it shall be the duty of the justices in the
--veral counties, and they are hereby required, to pay
to the clerk of the county court in their respective
counties, at each term of said court, all monies in their
hands that have arisen from the sale of estrays as afore-
said, deducting five per centum for commissions and
si!ch other charges as are a'loved by lawv; and all mo-
iiies so paid, shall be subject to the order of the judge
of the county court for county purposes.
Sec. 7. le it Iurlher enacted, 1That if any person or
persons shall, within the term of two years from the
time of such sale, prove to the satisfaction of the court owner ofes-
hlat the property so sold was his, her or their own, or tray to re-
hat of his, her or their employers, as the case may be, e wro
in that case, the court shall, after deducting the fees
and charges hereinafter described, pay the balance
of the money arising from such sales to the claimant of
-uch property.
Sec. 8. Be it further enacted, That the justice, for
his services as above, shall receive from the taker up, trees of JuC
at the time such estray or estrays shall be brought be-
fore him, or description or valuation thereof presented
to him as above, the sum of twenty-ilve cents for each
horse, mare, colt, filly, ass or mule, and the sum of six
and one-fourth cents for each head of nieat cattle, sheep,
goats or hogs.
Sec. 9. Be it further enacted, That the taker up of
such estrays shall, as a compensation for inaintaining r'akerup
and keeping the same, put them to immediate labor, Coipensa.
if capable of service, and if incapable, receive from tCn of
the owner, if claimed, or from the court, if sold, a rea-
sonable satisfaction, to be adjudged by the judge of the
county court and a justice of the peace fur the county,
according to the circumstances of the case: Provided,
nevertheless, tliat in case of putting such estray to la-
bor, he shall be bound to produce such estray to the
own ;r, if claimed, or to the clerk, if sold, casualties
o-'ented, in as good condition as when appraised.







3SS

Sec. 10. Be it iurhcr'cnartc4l That upon the deliver
ry of any such estray to the legal owner, or in the case
on'lrle11 of sale, upon the sale thereof; the taken up shall re-
tion f tike.c ceive from the owner or clerk, as the case may be, the
"p. sum of one dollar for each horse, mare, coll, filley, ass
or mule, in addition to the sum by him paid to the jus-
tice, and the sum of twelve and a half cents for eacd
head of neat cattle, sheep goats or hogs, in addition to
the sums abovementioned, for the keeping and muain-
taining the same.
Sec. 11. Be it further enacted, That the clerk of thfe
said court shall, for the receiving, entering and puib-
Clek's fees fishing as above directed, receive the sum of fifty ceint';
to be paid by the owner upon claiming the properly, u;
deducted out of the money arising from such property
in case of sale, and the further snum of five per centu; .
upon the balance of such money, -. coinpensatioi .to:
selling, collecting and paying.
Sec. 12. Bc il further enacted, Tint it shall be 1fhI
duty of the clerk of said court, to render to the cledil
rlldeIt 6f the said county court at every term thereof, a tru~.
st.at,-ment to statement of all monies arising from the sales ofestr'av
cor.t as aforesaid, accompanied with the proper voucher:
Sec. 13. Be itfurther enacted, That any person tain
ing up any estray as aforesaid, and failing or neglectiii
to comply with and fulfil the true intent and meaning
Penalty f- of this act, and being thereof duly convicted before the
noii cm:!- county court, shall, for every such offence, forfeit and
an:ewh pay a sum equal to double the value of such estr'ay so
,his act neglecting to be tolled and advertised as aforesaid, to
be recovered by suit or action at law, the informer to
be'the plaintiff in the 0jion,-one half f the sum s,)
recovered to the use of the informer, the other .half tp
the use of the county.

Sec. 14. Be itfurther enacted~ That if any justice oi
clerk shall refuse or neglect to perform the duties re-
qiired by this act, each justice or clerk neglcectil, .'
:ri i: g. shill: fot; evrv such ne-;i' v ,,:'-; ,'









,iit iiie suii u f tventy dollars,--one mnoioiy to be paid
to tie party informing, and the other moiety to tie use
,i' the county \here such offence shall be committed, I'Iti "ai
Lo be recovered by action of debt, i' any court having clerk
cognizance of the same, and shall moreover be liable
to an action of damages to the party injured, and, upon
conviction, pay double costs.
Sec. 15. Be it further enacted, That from and after
ihe first day of March next, it shall be the duty of the
O'lerks of the county courts of this territory respec-
tively, within twenty days after they or either of them
may have received from any justice of the peace of Clerk to ai.
the county for which he is clerk, before whom any es. vertise es
tray horse, mare, colt, lilly, ass or mule may have been trays
posted in conformity with the estray law now in force
in this territory, a description of such estrayed horse,
maie, colt, filly, ass or mule, to advertise such estrav
or estrays according to the description thereof which
he may have received as aforesaid, in three public
places within the county where such estray or estrays
hall have been taken up, and in the newspaper pub-
lished nearest the place aforesaid; and the proprietor
of such paper shall receive, as compensation for the
publication of each estray, the sum of one dollar and
fifty cents.
Sec. 16. Be it further enacted, That the said clerks
respectively shall be authorised to pay out of the mo-
nies arising from the sales of estrays the expense in-
0 Costs of ad
curred for such advertisement or advertisements, un- vettiscmer-
less it should so happen, that the owner or owners of hlw. p:ii
such estray or estrays may prove them or either of
them away previous to sale, then, and in that case, it
shall be the duty of the clerk to demand and receive
of the owner or owners of such estray or estrays the
full amount of expenses incurred for such advertisement
or advertisements, previous to the delivery of such es-
tray or estrays.
Sec. 17. Be it further enacted, That t'he clerks of








tie county courts aforesaid, shall be entitled to tli
sum of fifty cents for transmitting the description of
clerk said estrays from the owners, if proven away, or front;
the proceeds of the sale of such cslrav if sold.
Sec. 18. Be it further enacted, T'hat in all case
where expenses have been incurred arising under this
act, by advertising such estray or estrays, it shall be
be paid b the duty of the said clerks respectively, to remunerate
clerk such expense, out of the money arising from the sale oi
such estrays; and it shall be the duty of all such
clerks to keep a fair and regular book of entry of all
such expenditures. to exhibit to the county courts of
their respective counties respectivelyy upon applica-
tion.
Sec. 9. Alnd be it further enacted, That so much of an
act entitled "an act for recording marks and brands
Repeal and estrays, as is inconsistent with the provisions of this
act," approved June llth, 1825, be, and the same is
hereby, repealed, and this act tc take effect from ald
after its publication.

Passed, January 3, 1828,
JN. L. DOGGETT,
President of the Legislative Council.

A. BELLAMr, Clerk.

Rejected, January 7th, 1828, Reconsidered and pa.-
sed by the requisite majority.


AN ACT
To provide for the division of property held by two c;
more persons jointly.
Be ?t enacted by the Governor and Legislative Counci'
of the Territory of Florida, That whenever real :o







1411

personal property or slaves shall be jointly owned by
'wo or more persons, whether in equal proportions or Persons
otherwise, any or either of the owners thereof may file owning pro.
iis, her or their petition with the clerk of the superior perty may
or county court, stating his, her or their desire to have fie a peti.
ion for di.
the said property divided among the several owners vision.
thereof: said petition shall describe the property to be
divided with reasonable certainty, and set forth the
names ofthe severalowners thereof.
Sec. 2. Be it further enacted, That upon the filing Clerk shall
of the said petition with the clerk; he shall make out issue notice
a notice to the several claimants therein mentioned, to parties in-
and deliver the same to the proper executive officer of terested
the court, who shall serve said notice by leaving a copy
with each of said claimants, and make return accord.
ingly: said notice shall contain the substance of the pe-
tition.
Sec. 3 Be it further enacted, That the said Court, Court may
except in the case provided for by the seventh section appointcom-
of this act, may, -at any time after the expiration of missioners
thirty days from the service of the said notice, upon
the application of the petitioner or his counsel, make
an order appointing two disinterested persons as com-
missioaers to divide and partition said property, ac-
cording to the claims and proportions of the respective
liners thereof.

Sec. 4. Be it further enacted, That if any person hesostpcr
or persons, not named in the said petition, shall set up named in
a claim to any part of, or interest in, the said property petition, set
to be partitioned, or if any other fact material to the up a claim, a
jury to be
title to said property shall become the subject of dis- impannelled
pute, a jury shall be immediately impannelled to try the &c
same, and their verdict shall be conclusive for the pur-
poses of the partition, and no written pleadings shall
be necessary.
Sec. 5. Be it further enacted, That should the said W'hen com.
-'mmissioners disagree upon any point which may arise missioners
F









'Isagree in the performance of their duties, they shall have
thiybperson power to call in a third disinterested person, whose no
called in pinion, in conjunction with that of one of the commis-
sioners, shall be conclusive.

Sec. 6. Be itfurther enacted, That the said commit.
Commison- sioners shall, at the same term of the court at which
ersto make said order shall have been made, or at the next term
report which thereafter, make their report in writing, which report
shall be shall be sworn to by at least one of said commissioners,
sworn to and if no objection be made, a judgment of the court
shall be given thereon.

Sect 7. Be it further enacted, That when any or either
When ow- of the owners of said property reside beyond the limits of
er resides this territory, it shall be made to appear by affidavit that
beyond the
limits of the notice has been given in some public newspaper near-
territory, no- est to the place where the property to be divided is
tice to be situated or kept, for the space of six months previous
given in
some news to the first day of the court of the filing of said petition.
paper and the time when the petitioner intends to move for
the appointment of commissioners. If such affi-
davit be not filed, the said petition shall have no ef-
fect in law, so far as it relates to such nonresidents.

Compensa- Sec. 8. Be it further enacted, That the commission-
tion to be ers shall be allowed by the court a reasonable corn
allowed to pensation for their services. The clerk shall be enti-
commission- tied to two dollars for issuing such notice, and the exe-
cutive officer of the court shall be entitled to fifty cents
for the service of the same on each individual therein
named.

Sec. 9. Jnd be it further enacted, That the act enti-
liepealof titled "an act to provide for the partition of lands in
sed Jnnas this territory in the courts of common law thereof,"
8th 18lB3 passed June 28, 1823, be, and the same is hereby, re-
pealed,-saving, however, the right of parties wlir







[43]
i;ave instituted proceedings under this act, to prose-
.,-te said proceedings to judgment and effect-
Passed, January 4, 1828.
JN. L. DOGGETT,
President of the Legislative Council,
\. BELLAMY, Clerk,
Approved, January 10, 1828.
WM. M. McCARTY,
Acting Governor ofFlorida.


AN ACT

To establish Cotton's Ferry, over the Escambia river.

Be it enacted by the Governor and Legislative Couneil Radford L.
of the Territory of Florida, That Rradford L. Cotton cotton to
or his assigns be, aud is hereby, vested with the right establsthe
and charged with theduty of keeping a ferry for the Escambia
term of five years across the Escambia river, at the river
place commonly known and designated as Oneil's Fer-
ry, and hereafter to be called Cotton's Ferry.

Sec. 2. Be it further enacted, That it shall be the To keep sUt
cTuty of the said Radford L. Cotton to keep a sufficient facient num-
number of boats, for the accommodation of passengers; berofboats
and should he fail to do so for the space of three months,
all the right vested by this act shall cease and be for-
feited.

Sec. 3. Be it further enacted, That if any person or
persons shall attempt to keep a ferry or transport any
persons or property across the Escambia river within
three miles of Cotton's Ferry, and receive therefore to keep
any compensation, either directly or indirectly, such ferry within
person or persons, for every such offence, sha!! forfeit three miles
1nd pay to the said Cotton or his assigns, th, sum of o said ferry







[44'

ten dollars, to be recovered before any justice of liil
peace of the territory.
Passed, January 5, 1828.
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved January 10, 1828.
WM. M. McCARTY,
Acting Governor of Florida.


AN ACT

To authorise the City Councils of the cities of St. Au-
gustine and Pensacola to make all laws regulating
the construction or repairing of partition fences with-
in the limits of their respective cities.

Be it enacted by the Governor and Legislative Counci:
Corporation of the Territory of Florida, That from and after the pas-
have power sage of this act, the City Councils of the cities of St.
to pass laws Augustine and Pensacola shall have full power to pass
partition all such laws, and make all such regulations as they may
fences think proper, for the construction or repairing of par-
tition fences within their respective cities,
Passed, January 5, 1828.
JN L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, January 9, 1828.
WM. M. McCARTY,
Acting Governor of Florida







[,45
AN ACT

Fo regulate proceedings in Chancery.

Bie it enacted, by the Governor and Legislative Council
,f the Territory o' Florida, That the act entitled "an
act to regulate chancery proceedings," approved Ja-
nuary 12th, 1827, be, and the.same is hereby, repealed.
Sec. 2. Be it further enacted, That the act entitled
"'an act to regulate proceedings in (hancery in the se- Act appro.
ved July 3d.
veral courts in Florida, approved July 3d, 1823, with eighteen
the exception of the twenty-first section ofsaid act, be, hundred and
and the same is hereby, revived, and declared to be in twenty three
full force and effect: nevertheless the act entitled "an ption of
act to amend an act regulating chancery proceedings," twenty hrst
approved December 22nd, 1824, and which was repeal- section revi-
ed by the aforesaid act of January 12th, lb27, is not 'ed.
revived but still remains repealed.
Sec. 3. Be it Jurther enacted, That no subpoena in
chancery shall issue until a bill of complaint shall have
been filed in the clerk's office; nor shall any wvrit of When and
injunction or neexeatbe granted until a bill be filed pray- in what ca-
ses subpoe-
ing for such writ, except in the special cses and for ia may isa.ne
the special causes in which such writs are authorised
by the practice of the federal courts of the United
States exercising equity jurisdiction; and no writ of in-
junction to stay proceedings at law shall issue, except
on motion to the court or judge, and reasonable notice
of such motion previously served on the opposite party
or his attorney; and the defendant, after injunction
granted, may, either before or after answer filed, on injunctions
due notice being previously given to the opposite par- iay be gran
ty or his solicitor, move the court or the judge fox the ted etc.
dissolution of any injunction which may have been
granted. *
Sec. 4. -Be it further enacted, That it shall rest in
the sound discretion of the judge, under the circum- Judge may
stances of the case, on granting a writ of injunction to stay procee-
stay proceedings at law either before or after verdict,









Or on granting a writ of injunction for any other cause
I jun ion. to require security for damages or costs from the part
dissolved, applying for such injunction: Provided, that in all case
judgment to where a bill of injunction shall be dissolved, either i:
be awarded part or the whole, the court shall award judgment a-
against sure-
tie" su.re well against the surity or sureties as the principal ii
such bill, and execution shall issue accordingly.
Sec. 5. Be it further enacted, That in all cases in
chancery, the testimony shall be taken in writing o,
S interrogatories out of court, except testimony to prove
mony tost the execution of any instrument of writing, which tes,
taken, timony may be taken orally in court, or by deposition
out of court on interrogatories, that the testimony of
witnesses who reside in this territory shall be taken n.
aforesaid by deposition oil interrogatories, before an
judge or justice of the peace in this territory; and in
all cases the party desiriing to take testimony by inter-
rogatories shall pursue the same course as is pointe,
out for taking testimony by interrogatories in the court
of law in this territory.
Passed, January 2. 1828.
JN. L. DOGGE'T.
President of the Legislative Council.
A. BELLAMIY, Clerk.
Approved, January 10, 1828.
WM. M. McCARTY,
Acting Governor of Florid,


AN ACT

To organise a medical board for the territory of Florida
Be it enacted by the Governor and L. 1.I'i, P Counoc::
of the Territory of Florida, That Richard Weightman.
and William H. Simmons of the city of St. Augustine,
Robert A. Lacy ofthe Island ofKey West, William i)
Price and Lewis Willis ofthe city of Tallahasscc, i,;









*jim Nicholson of the county of Gadsden, William P.
Ifort of the county of Jackson. and C. Y. Fonda and Boair m.y
John B rosnaham of the city of Pensacola, and their sue and be
,Iccessors in olfice, be, and they are hereby, declared sued, and
to be a body politic and corporate by the name and authorized
to make the
style of the Medical Board of the Territory of Florida, necessary
and as such shall be capable and liable in law to sue and bye laws etc.
be sued, plead and be impleaded, and shall be autho-
rised to make such bye-laws and regulations as may be
necessary for the government of said Board: Provided,
that such bye-laws are not repugnant to the laws of the
United States and of this territory; and for that pur-
pose may have and use a common seal, appoint their
chairman and such other officers as they may think
proper, and remove the same from office for improper
conduct.

Sec. 2. Be it further enacted, That said Board shall To sit annr,
sit annually in the city of Tallahassee. commencing its aly in alla-
session on the second Monday of December in each hassee.
year, and shall continue in session as long as their busi-
ness may require; and that any three members of said
Board shall form a quorum for the transaction of busi-
ness.
Sec. 3. Be it further enacted, That the said Board
shall examine all applicants who may hereafter wish
to obtain a license to practice medicine in this terrri-
tory; and if, upon such examination, the applicant be Bcard may
found qualified and of good moral character, it shall be se ce
the duty of said Board to grant a license to such appli-
cant under their seal: Provided, that in no case
shall it be necessary to examine any applicant who may
be a graduate of some regularly established medical
university within the United States, but the produc-
tion of the diploma of such applicant and a certificate
of moral character shall, in all instances, entitle him
to a license from said Board to practice within this
territory.









Sec. 4. Be fifnrlthc; enacted, That each individual
mbers o member of said Board shall have the right to examine
the board any applicant when the said Board is not sitting, and
may grant grant such applicant (if qualified) a license to practice;
licences, in which license shall remain in full force until the next
-*acation. regular session of the Medical Board; and it shall be
the duty of such applicant to return said license to
the said Board at its next session, and apply for a ge-
neral license, which shall be granted him, if, upon an
examination, the said Board shall be satisfied that he
is properly qualified to practice as a physician.

Person- Sec. 5. Be it further enacted, That every applicant,
caused to upon obtaining a license from the Medical Board, shall
pay ten dol- pay the sum often dollars, to be appropriated as said
lars. Board may order and direct.

Sec. 6. Be it further enacted, That if any person other
than those herein appointed members of said Board,
Persons shall, from and after the first day of March next, at-
practising tempt to practice as a physician, contrary to the provi
cense iable sions of this act within this territory, without obtaining
to fine of a license as aforesaid, such person shall, for veryy such"
-five hundred offence, forfeit the sum of five hundred dollars, to be
dollars. recovered in any court of law having jurisdiction of the
same,-one half to the tise of the person sueing for the
same, and the other half to t e use of the county i-:
which he shall attempt to practice.

Vacancies in Sec. 7. 1e it.lfrther enacted, That the members o;
board may said Board shall have the right to fill all vacancies
be supplied. which may occur therein, in such manner as they, in
their bye-laws, may direct.

Sec. 8. And be it further enacted, That this act shaln
Repealing take effect from and after the first day of March next:
clause, and that an act entitled "an act to regulate the adnis-
sion of physicians and surgeons topractice in this terri-








c.ry," Zp)proved December 30, 1824, be, and the saani
. hereby, repealed.
passed December 31, 127.
JN. L. DOGGETT,
President of the Legislative Council.
\. DELLAM.Y, Clerk.
Approved, January 5, 1828.
WM1. M. McCARTY,
Acting Governor of Florida.


AN A( T
To raise a revenue in the territory of Florida.

Be it enacted bythe Governor and Legislative Council
f the Territory of Florida, 'I hat all real and personal
property of every description whatever (except crops Property Ua-
which are growing -or have been gathered and housed to a ta
for the support of the family, the plantation tools and every hun-
necessary household and kitchen utensils, and every dred dollars
species of poultry owned and held by any person in this &C
territory on the first day of March in each and every
year, in his or ner own right, or held by any person in
right of another, either as agent, trustee, parent, guar-
dian, executor or administrator, shall be subject to a
tax according to its real value of five cents upon every
hundred dollars worth of property so owned or held as
aforesaid: Provided that no person sl:all be required
to give in for taxation the value of any lands, the titles
to which have not been confirmed by the government
of the United States, and where two or more persons
claim the same tract of land and the title of the United
States has been relinquished thereto, the person in
possession of said lands shall give in the same for taxa-
tion.
Sec. 2. Be it further enacted, That every free male
,vhite person, over the age of twenty-one years and







[51o
under forty-five years, resi dent in said territory, on the
:n ., said first day of March in each and every year, shall be
subject to pay a poll tax of tvcnty-fiv cents each.
Sec. 3. Be it further enacted, '1 hat every free co-
lored person (Indians excepted) over the age of twenty
oie years, resident as aobresaid, shall be subject to pay
Peos of a poll tax of fifty cents.
Sec. 4. Be it trurler enacted, That every retailer of
actailkrs of spirituous liquors, except in the city of St. Augustine,
:piriuous who shall sell less than a quart at any one time, shall
iiuoi ; Aejubje. t to a tax of five dollars per annum; and it
FsiTili' be the duty of every person retailing as aforesaid,
a~ the time of giving in his or her taxable property. 1.;
state the same on oath to the re,-eiver; and retailing
for any lengthh of time during any part of tile year, shall
subject the retailer to the aforesaid tax.

Sec. 5. Be it further enacted, That the keeper of
ilard t. ever) billiard table, except inthe city of St. Augustine,
ble which is used for playing at billiards or any other game,
shall be subject to a tax of fifteen dollars, in addition
to any tax which he or she may be required to pay b}
the laws of the incorporation of any town or city where
the same shall be used; and the keeping of the same
for any length of time during atny part of theyear, shall
subject the keeper to the aforesaid tax.
Sec. 6. Be itfurther enacted, hat it shall be the d&-
i.ju :t ty of the county court for each county in this territory,
coult to ap'- on the first Mondnay of April in each and every year, to
pomt rcceiv-
ers.anid col. appoint a receiver of returns of ta-:able property, aln
lectors a collector of the taxes for their respective counties:
and it shall be the duty of the persons elected as a-
foresaid, to enter into bonds payable to the Governor
of this territory and his successors in office, with good
and sufficient security, to be approved by said court, as
follows:-: he said receiver shall enter into a bond of
five hundred dollars, conditioned for the faithful dis.
charge of all the duties required of him by this act;







551]

,nd the said collector shall enter into a bond of two
thousand dollars, conditioned for the faithful collection
of all the taxes embraced in the list furnished by the
receiver, and the payment of them over to the person.
-uthorised. to receive the same, within the time pre-
scribed by law; which bond shall be filed in the office nlecivers ,
of the Secretary of the territory, a certified copy of coUlcto'stm
which, under the hand of said Secretary and seal of the gi. bo'
territory, shall be used in evidence in lieu of the ori-
ginal. in any suit brought on said bond or either of
them.
Sec. 7. Be itfurthier enacted, That should the saiU If'Veccivcr
receiver or collector fail to execute bond as aforesaid, fail to P i,'C
.within ten days after his appointment, it shall be the bond anoti-
duty of said court, within ten days thereafter, to ap- er receiver
point another, receiver or collector in the place of the or collector
cue failing as aforesaid, who shall give bond and sezu- pointed
rity as is prescribed in the foregoing section.
Sec. 8. Beit further enacted, That it shall be the receiver. to
duty of the said receiver, after.having executed his atteC( cap.
bond as aforesaid, to attend at least twice during the ri st-
time allowed by law for taking in the returns, at or
near the muster ground in, each captain's beat inthe
county for which he has been appointed, having previ-
ously given ten.days notice by an advertisement posted
ip. at the most public place inasaid beat, of tie times
and places of his attendance, fr the.purpose of assess-
ing the taxes prescribed by this ,act; and before clos-
ing his returns tt shall be his duty to attend three pddi-
tional .days at the court-house of his county, having
given ten days previous notice of the time of such at-
ten'ance, for the purpose of receiying.lists frosa such
persons as may not have.given in previously.
Sec..9. .Be itfurther enacted, ,That every person lia-
ble t, pay a tax according to the provisions of;this act,
hall, previous .to the tenth day of July.in each year, Persons
give in to the receiver.of tax returns, on oath,:-the true making re-
ralue of all the property. held by him as.aforesaid; and turds, to do
:: shall be the duty of the said receiver to administer i n







[52,

to every person who comes forward to give in the vA,-
Ine of his property for taxation, the following oath:-
"You do swear that the account you now render is a
just and true account of the real value of all the pro.
perty which you were possessed of, held or claimed in
the territory of Flo:ida on the first day of March last,
or was interested in, or entitled to, (except crops
which are growing, or have been gathered and housed
for the support of the family, the plantation tools, and
the necessary household and kitchen utensils, and every
species of poultry; and, also. except lands, the tiilcs
to which have not been adjudicated and determined by
the United States) either in your own right or the right
of any other person or persons whatsoever, according
-to the best of your knowledge-, information or belief-
oa help you God;" and whenever the said re-eiver
shall have cause to suspect that any person giving in
his list is a retailer of spirituous liquors or keeper of a
billiard table, or done either during the precedingyear,
it shall be his duty to interrogate them, upon onth; and
ifhe should be found to have done either, he shall tax
him accordingly.
Sec. 10. Be it further enacted, That if any person
shall fail to render to the said receiver before the
tenth day of July in each year, the value of his proper-
ty liable to taxation, it shal! be the duty of the receiv-
Where per- er to ascertain from the best information within his
sons fail to power, what is the real value of all such property, and
makle return to charge the owner or holder of thesame with double
1how receiv-
ers to pro- tax; and to this end he shall have the right to cal up-
-efJd on any person who may know of any such property, to
state the value of the same upon oath, according to the
best of his knowledge, information or belief; and any
person liable to pay a poll tax, or any retailer of spi-
rituous liquors or keeper of a billiard table, within the
purview of this act, who shall fail to render an ac-
count of the same to the receiver of tax returns, shall
be charged by said receiver with double tha tax bereirn
gre-cribcd.









.3ec. 11. e'c it further ctrntcd, That said receiver nc -eicvers o
i'all, by the first day of \Auust ot'each year, make out aet
two complete lists of the taxes to be collected in the plete ib,, of
county for which he is receiver, one of which he shall the taxes to
deliver to the.tax collector, a::d the other he shall for- be co"' cted
ward to the treasurer of the territory.
Sec. 12. Be it further enacted, That. it shalll be the
duty of the tax collector appointed agreeably to the
provisions of this act, after they shall have received a Collectori
list of the taxes to be collected in their respective .ttendel cp-
counties. to attend at least twelve at or near the otrs- trit''s
ter ground of each captain's beat in their respective
counties, having previously given ten da)s public notice
of the times of such attendance, for the purpose of col-
lecting the taxes due in said counties; and it shall also
be their duty, after having attended in the captain's
beat as aforesaid, to attend three additional days at the
court-house of*theit respective counties, giving ten
days previous notice oEsuch attendance, for the pur-
pose of affording all those whW had. not previously paid
their taxes an opportunity of doing so.
Sec. 13. Be it further enacted, That it'shall be the taxes to Le.
puid on or
duty of every person liable to pay a tax under the pro- jfor. tie
visions of this act, to pay the same to the t;,x collector fifteenth
in the county in which he lives, on or before the fif- of Oct. in
teenth day of October in each and every year. eac year
Sec. 14. .nd be t further enacted, I'hat if any person
shall be in default in paying his.or her taxes after the
fifteen day of October in each year, it shall be the
duty of the collector to issue an execution for the a; Collector to
mount of said tax, and levy upon th property sufficient issu ea st
to satisfy the same, and all costs accruing thereon; persons fail-
which property, after being advertised at three-f the iu: to pay
most public places in the county for the space of twen- taxes
ty days, he shall sell at public outcry before the court-
house door of his county, or so much thereof as will be
sufficient to satisfy said execution and costs.
Sec. 15 BFit further enacted, That whenever the
receiver of tax returns shall return a tax due by any







[54J
non resident w ho lhas no agent or alitriicy 1.1 this terry.
None ra. tory, it shall be tli duty of the tax collector to adver-
dents. tise the sime for tie snace of three months in some
newspaper of this territory, stating the amount of ta:.
due; and if, at tire expiration of the said three month';
the said tax and expenses of aidi advertisement be nc.
paid, it shall be til duty of said collector to issue a:
execution against such 11n11 resident, which may be le-
vied upon any property owned by such non resident i:r
this territory, after being n,ivertised twenty days, and
the same. or so much thereof as shall be of sufficient
value to satisfy said execution and all costs, shall be
sold before the court-liouse door of the county where-
said tax is duc.
Sec. 10. Be it further enacted, That when any per-
son in this territory owns property intivo or more couu-
ties therein, it shall be his duty to give in the vaiuc
owPi p-on thereof to the receiver of tax returns in the county ii
perty in t.o which he resides: and it shall not be the duty of any re-
or more ceiver of tax returns to return the value of any pro-
counties perty as liable to a double tax, for not having bect
give in by the owner, whcr, hlie either knows, or hai
information, that the owner of said property reside
in any other couijiy in this territory.

See. 17. Be it further enacted, That where any nol-
resident of this territory, who owns property therein,
Non re-. gives notice in the public gazette nearest to the place
dents where said property lies, of his having an agent resid-
ing in said territory. legally authorise(l to transact hiii
business, it shall not be the duty of the receiver to re-
turn such property as liable to double tax for not hav-
ing been given in, except in the county in which said
agent resides; and the said agent shall give in, upon oath,
in the county in which he lives, the value of all the
property owned by his principal in said territory; anc
upon failure to do so, the same shall be subject to :
double tax acccrdiag to the picvisions o' this act







i55]
8ec. IS. Alnd be it further enacted, That when the tax
i' a non resident shall have been advertised by any
tax collector agreeable to the pIrovisions of this act,
mnd it shall afterwards appear that tire said non resident
-had an agent in this territory, who had given in and paid
the tax of said property;it some other I county therein,
it shall be the duty of said agent to pay the expense of
said publication and the property of-said non resident
shall be liable therefore, unless he mak~iit appear that
his agency had been duly published in the gazette
printed nearest to the place where said property was
situated, and was a matter of general notoriety.
Sec. 19. Ee itJfirtfr enacted, That the receiver'of Compensa-
lax returns and the collector oftaxes shall each he en- t"n to re-
ceivers ainid
titled to five per centum on the a.aount of taxes col- collectors
,ected in their respective counties, as a compensation
for tl~iervices to be performed by tnem under this
act, atid receiptshftthe sums to which they arenre-
spectively entitled, when presented by the tax collec-
tor in the settlement tfftis n~poits, shall-be received
as vouchers of tire legal disburseimnts by the collector
of the sums therein mentioned.
Sec. 20. Be itfut&eerenated, That the said collector cases of in.
shall, upon a settleM8ft Pf his accounts, present a list solvency
of all the taxes whidh, fromi insolvency or any other
legal cause, he haq been unable to collect; and for
which, lest (\\hen' worto as being true by said col-
lector) he shall, receive -a credit~o be deducted from
the amount of taxes Teturned as ee by the receiver -of raxes col.
tax returns. lecied to be
Sec. 21. Be It further 'enacted, That the taxes paid to the
when collected as aforesaid, sb'aftpb aid to the tr.- treas'er- o
surer of the territory for the use oif te'territory.. t territory
Sec. 22. Be it Jurther enacted,. 1a it shall be the collector to
duty of the tax collectors in'`ach of the counties of- account ac
this territory, to account fq.rkthe Jahs eollectedlby
them to the officer entitled to receive the same,.on or
before the fifteenth "ay of- December li each year;









and upon failure so to do, they shall be liable to be p.,-
ceeded against as defaulters in the wiy prescribed by
S law.
courts'to Sec. 23. Be it further enacted, Ihat if from any
meet on the cause the county courts in the different counties in thin
first m"."ay territory, or in any one of them, shall fail to meet on
ppoinl col. the first Monday of April in every year, to appoint a re-
,:ctors and ceiver and collector as directed by this act, it shall be
receivors. their duty to meet-as soon thereafter as possible, and
make said appointments.
Sec. 24. Be itfurther enacted, That it shall be the
duty of every pedlar or itinerant trader who may wish
Peddlars & hereafter to vend any goods, wares or merchandise in
Itencrant any county in this territory, not the growth or preduc-
traderF tion of the said territory, to apply to the treasurer of
the county i) which lie may so wish to vend his goods,
wares and merchandise for a license; and it sha.l be the
duty of said treasurer to grant him a license authoris-
ing him to vend his goods, wares and mer handise in
said county for the space of twelve months from the
date of said license, upon his paying to the said trea-
surer the sum of forty dollars, which shall be for the
use of the county, and it ahall also be the duty of the
person applying for said license to pay to said treasurer
the additional sum of one dollar, as a compensation for
his services in making out said license
V'ecdlars Sec. 25. Be it further enacted, That if any pedlai
il enerant or itinerant trader shall attempt to vend any goods,
wares and merchandise in any county in this territory.
without having obtained a license as is directed in the
preceding section, he shall, for every such attempt, be
liable to a penalty of one hundred dollars, to be collect-
ed by the treasurer of the county in which the attempt
shall be made, for the use of said county, and it shall
be the duty ofthe sheriff and constables, or any one of
them, of the several counties of this territory, when-
ever they see a pedlar or other itinerant trade:' attempt
I' vend his goods as aforesaid, to demand his license









for so doing; and if lie fail to produce it. if shall be their
duty, forthwith, to seize the goods, horses, wvaggons,
carts or boats in the possession of said peddlar or itine-
rant trader, and take them before the treasurer of the
county, whose duty it shall he to give an order in writ-
ing to the person seizing the same, to sell the said
goods, horses, waggons, carts or boats, or so much
thereof, at public outcry before the court-house door,
within ten days, as wilt be sufficient to raise the afore-
said sum of one hundred dollars, together with ten dol-
lars to said sheriff or constable, and two dollars to the
said treasurer for their fees.
Sec. 26. Be it further enacted, That a license, Licence
when granted as aforesaid, shall only operate in the granted in
OWie COUMtV
county in which it is granted, and shall not be trans- not to op0 -
ferred from one person to another, nor shall be granted ate in anotil-
for a less time than twelve months. er county
Sec. 27. Be itfurther enacted, I hat it shall be the
duty of the tax collectors to make out and execute
titles to all property sold by virtue of this law,
and such titles shall be as vilid and effectual in law, as
if made by the owners of said propPrty.
Sec. 28 Jind be it further enacted, That all laws
and parts of laws heretofore enacted by any Legislative
Council of this territory, imposing a tax upon the citi-
zens thereof, except so far as the same relates to a .epealins
lax imposed upon auction sales, shall be repealed from
and after the approval of this act by the Congress of
the United States; and this act shall go into operation
from and after its approval as aforesaid.
Passed, January 5, 1828.
JN. L. DOGGETT.
President of the Legislative Council,
A. BELLAMY, Clerk,
Approved, January 10,1828.
WM. M. McCARTY,
Acting Governor ofFlorida.









AN ACT


To change the name of Jonathan Jefferson Hammock.

Be it enacted by the Governor and Legislative Council
.T1naitan .r. of the Territory of Florida, That from and after the
Hammock, passage of this act, Jonathan Jefferson Hammock, o'
le c aog- the county of Duval, shall be called and known by the
name of Jonathan Jefferson I higpen.
Passed, January 8, 1828.
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, January 11, 1828.
WM. M. McCARTY,
Acting Governor of Florida


AN ACT

To authorize Sherrod McCall to erect a toll gate, a:
or near his house in Gadsden county.

Whereas Sherrod McCall, of Gadsden county, has, at
much labor and expense, erected a bridge, intended
Preambic for a toll bridge, across Little River in said county,-
and whereas it will be of great inconvenience to
said McCall to attend a gate erected at the foot of
said bridge, for remedy whereof-
Be it enacted, by the Governor and Legislative Councci
of the Territory of Floriaa, T7hat the said Sherrod Mc-
Call be, and he is hereby, authorised to erect a toll
Sherrod gate. at or near his house, across the public road, i.-
McCall to stead of erecting it at the foot of his bridge on said ri-
erecttol ver: provided, that the said McC'all shall not, at any
gate time, be authocised to keep the said gate shut at sach
seasons of the year as the said river is fordable, or pre-









".rm on obstruct any person from a free access to the fora
r..oss said river. ,
2-.e 2. .ad be it further enacted, That the said Sher- c,,urt to i.,
'a Cad IcCall shall be authorised to receive toll from t1e rate of
er'sons crossing said bridge, at such rates as the coun- to0l
'y court of the county mayv order and direct.
Passed, January 8, 1828.
JN. L. DOGGETT.
President of the Legislative Couceil.
SBELLAayr, Clerk.
Approved, January 14, 1828.
WVM. M. 1cCARTcY,
Acting Governor of Florida.


AN ACT

i'o prescribe the mode by which attornies and coun-
sel ors at laiw may be admitted to practice in the
courts of this territory.

Be it enacted by the G .vernor and Legislative Council
jf the Territory of Florida, That from an adafter the
ir.st day of March next, no person shall be permitted to
appearr as an attorney and counsellor at law, in any
cause in the superior or county courts of this territory, Judges of
auti; ie shall lave produced to the court in which he superior
proposes to practice, a license signed by one of the courts to U-
:udges of said superior court, or a certificate under the hice attur
hand and seal of a clerk of some one of the circuit
courts of the United States. of his having been admit-
ted to practice in said circuit court ; which license or
certificate shall be entered upon the minutes of the
court in which the said attorney wishes to practice,
and the original returned by the clerk to said attorney.
Sec. 2. Be it further enacted, That from and after
tie passage of this act, it shall be the duty of any per-
"- wishing to obtain a license to practice law in the









superior nid county courts of mis territory, to present
Certicate to one of the judges of said superior courts a certificate
of moral ot respectability and good moral ciiaracter, and thit he
character to is over the age of twenty-o:e years; and if the said
be produced judge shall be satisfied as to the facts set forth in said
certificate, he shall examine into the qlailifications of
the applicant, and if found qualified, lie shall grant him
a license to practice in the several courts of this terri-
tory. which license shall be entered upon the minutes
of the courts, as is prescribed in the preceding see-
tion.
Sec. 3. Be it further enacted, That if an application
2uIist any shall be made to any one of the judges of said superior
miners courts, in term time, by any person, for a license to
practice in said courts, or if, from any other cause, it
shall be inconvenient for said judge personally to ex-
amine into the qualifications of the applicant, he may
require the examination to be made by two respecta-
ble membersof the bar; and if they shall report to
him that the applicant is qualified to practice in said
courts, such examination shall be as effectual as though
it had been made by said judge in person.
Sec. 4. Be it further enacted, That no person shall be
permitted to practice n any of said- courts, until ho
ath tob shall have taken an oath to support the constitution of
taken the United States, and honestly to demean himself in
his profession, and exercise the duties thereof to the
best of his skill and abilities; nor shall any person prac-
tice in said courts, until he shall have attained the age
of twenty-one years.
Marsha Sec. 5. Be it.furtherenacted, That marshals, sheriffs,
sheriff clerks of courts and their deputies, shall not be per-
clerks and mitted to practice law in any of said courts, nor shall
their depu- any person convicted of an infamous crime be per-
ties not to
practice mitted to practice therein.
Sec. 6. Be ti further enacted, That nothing here-
mena m" in contained shall be construed to prevent any person
their own from managing his own cause in any of the courts of
cau'tS this territory.









':1c i furtltler rf acilc". 7'let it' fv attorney
;,lii 'liiect moi.ev tor his crlm loyk rs :ld refuse to
av it over on demand, lie shall be stricken from the wto,,(',S t"o
.:t of attornies, and shall not be allowed to practice be 'tiIcken
withinn this territory, until ie shall pay over the money 'rom the
:o his client or legal representative; and lie shall also rolls
.e liable to a suit fo- the same, anJ subject to a pe.
:ialty often per cent. for every no;ith he detains the
anie after a demand regularly made.

oc. 8. ./ld be it further enacted, 'That an act cnti- 1?apealip
'ed "an act for the admission of attornies at law into
*iis territory," approved the 12th of August. 1822, be,
.ini the same is hereby repealed.
Passed, January 8, 1828.
JN. L. DOGGETT,
President of the Legislative Council.
A. BrLLA.r y, Clerk.
Approved January 15, 1828.
WM. M. McCARTY,
Acting Governor of Florida.


AN ACT

To incorporate the island of Key West.

Be it enacted by the Governor and Legislative Council
ftthe Territory of Florida, That P. C. Green, Richard Island of th
Key WCst
1 itzpatrick, William Prince; Theodore Owens, Field- jiorporate
ing A. Brown, Antonio Heraldo and Michael Mabrita,
and their successors In office, be, and they are hereby,
erected a body corporate and politic, by the name and
style of the Town Council of the town of Key West; and
as such, may assume the identity of a natural person,
with the trusts, powers and duties hereinafter provided.
Sec. 2. Be it further enacted, 1 hat said Town Ccun-
-il shall hold their respective offices one year from









Council to and after the passage of this act, and shall have the
iltiie npmwer to fill thlir respective vacancies in manner and
form hereinafter mentioned.
Sec. 3. Be it tlrther enacted, That said Town Coun-
cil shall have power to elect, from their own body, a
President; and not less than three of their own bod,
council shall be necessary to transact business; and shall meet
1p0 resid at such times and places, wit4iin the limits of the afore-
said island, as they may deem necessary.

Sec. 4. Be it further enacted, That said Town Coun
cil shall have power and full authority to prevent ana
re",to e remove nuisances: to license and regulate retailers ou
i;uisancese : sp.rituous liquors: to restrain and prolibit all sorts (
n':' ..u,- gaming.; to establish and regulate markets; the safe
*.ii,::s .u keeping of weights and, measures; to provide fo" al;!
regulate streets, squaies and l'ts. and the erection c'
fences and other stirutures; to commission and license
weighers; to regulate patrols; to restrain and punish!
vagabonds and disorderly persons, to erect and keep
wharves; to appoint pilots and regulate pilotage f,,r
said town, its harbor, and the entrance into the same;
to regulate the anchorage;' and mooriing of vessels in
the same; and, generally, to provide for the interior
police and good government (;f said town and island.

To infrce Sec. 5. Be it further enacted, That said Toiwn Cou;-
. !i,,s i, cil shall have power and authority to,enforce all law.:
of the Legislative Council of this territory and of their.
own body, regulating the quarantine of vessels and fi,
the.preservation of the health ofsaid town; and shall
have the -power to appoint a health officer,.and such
other officers as shall be deemed necessary to carry
into effect all their laws and ordinances, and shal! ai-
low them such compensation as they may deem prope:
and right for their services.
Sec. 6. Be it further enacted, That said Town Coun-
cil shall have the pover to pass all laws to enforce thl









collection of any money that may become due to said po,.
corporation, by contracts, fines or otherwise: but shall, collect iu-
nevertheless, be subject to an appeal to any court of ''l s ',,t 6C
record in this territory. ol tix not
Sec. 7. le it further enacted, That said T own exce,,, ne
councill shall have power to levy a poll tat, not to ex- dollar on
oeed one dollar, on each poll, to gc towards the main- eacli Poll
tenance of said corporation.
Sec. 8. Be it further enacted, That all ordinances
and laws of said r'own Council shall be posted up in
three of the most public paces in said town, at least
three days before they shall ta ke effect.

Sec. 9. Be it further enacted, That at least ten days
previous to the expiration of the respective officers of 'o order
said Town Council in each and every year, it shall be
their duty to order an election for seven Town Coun-
cilmen, under such rules and regulations as they may
think best; and the seven persons having the hig!iest
number of legal votes shall declared to be the Town
Council of Key West.

Sec. 10 Be it further enacted, That all free white Qualification
male persons, who shall have resided within the limits of voters
of the aforesaid Island three months previous to.the
day of election for said Town Council, shall have a right
to vote for seven Town Councilmen for the said
corporation, and in all cases a councilman shall have
the qualifications ofa voter in said island.

Sec. 11. and be it further enacted, I'hat said Town
Council shall have the power to fill all vacancies that reo supply
may happen in their own body during the recess oftheir vacances
annual election, and shall, in all cases, hold their re-
spective offices until their successors are duly quali-
fied and elected into office, according to the provisions









ofthis act.-This act to take effect from and after it;
passage.
Passed, January 8, 1828.
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, January 12, 1828.
WMI. M McCART'T,
Acting Governor of Florida.


AN ACT

To authorise the county court of Escainbia to grant
right of receiving toll at the bridge on Pine Barren
Creek

Be it enacted by the Governor and Legislative Council
Ecambia of the Territory of Florda, i hat the county court of
county to Escambia county be authorised to grant a right to de-
grantri.tlit mand and receive toll to Benjamin Gainer or any other
of toll over peso at the bridge over Pi;e Barren Creek in said
pine barren county-if, in the discretion of said court, it be deemed
proper and necessary to the public good.
Passed. January 14, 1828,
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, January 16, 1828.
WM. M. McCARTY,
Acting Governor of Florida








AN ACT


To declare when the laws of the Legislative Council
shall take effect.

Be it enacted by the Governor and Legislative Council Laws oot'tis
of the Territory of Florida, That no law passed at this council to
be ill force
session of the Legislative Council shall take effect and after plo-
be in force until the same shall be promulgated in mulgatian
pamphlet form, except such laws as expressly provide
otherwise.
Passed January 11, 1828.
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, January 16, 1828.
WM. M. McCARTY,
Acting Governor of Florida,


AN ACT

Supplementary to an act to provide for laying off the
north-east quarter of section 36, township 1, range 1
north and west, and for other purposes.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the treasurer of this des'er to
territory shall transfer to the present commissioner of bon's &c.
the city of Tallahassee all bonds or notes which were to Commis.
given by the purchasers of the lots of Tallahassee to soner of
the late commissioner, and turned over by him to the
Treasurer of the territory.
Sec. 2. Be it further enacted, That the commissioner Streets to
of ';allahassee be, and he is hereby, empowered to lay bc laid off
off the lots and streets of said reserved quarter, in such pailLe d
sizes aqd relative situations as he may judge best, with ones.









the exception that the north and south-streets, must
be continued from the present north and south street'
of the city of Tallahassee, and the east and west streets
laid out parallel with the present east and west streets
of said city.
-Passed, January 7, 1828.
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, January 16, 1828.
WM. M1. McCAR Y,
Acting Governor of Florida


AN ACT

Regulating the toll to be received at the several fer-
ries on the Ocklockney river within this territory.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That from and after the
passage of this act, it shall not be lawful for any person
Toll for fer. owning or keeping a ferry, to receive more in toll than
riage. thirty-seven and an half cents for a loaded waggon and
team, and thirty-seven and an naif cents for a four wheel
pleasure carriage, twenty-five cents for a jersey
waggon, and eighteen and three-fourth certs for a two
wheel pleasure carriage, and eighteen and three
fourth cents for a horse or ox cart, and six and one
fourth cents for a man and horse or footman.
Passed, January 11,1828.
JN. L. DOGGETT,
President of the Legislative Council,
A. BEL-LAMY, Clerk,
Approved, January 16,1828.
WM.. McCARTY,
Acting Governor ofFloridr








AN ACT

To establish the seat of justice for Leon county, and
for other purposes.

Be it enacted, by the Governor and Legislative Council
f the Territory of Florida, That it shall be lawful for
the county :ourt of the county of Leon, to either es-
tblish the permanent county seat for said county on
the quarter section of land belonging to said county county
Court to es.
adjoining the city of Tallah:,ssee, or confer with the tablih seat
commissioner of Tallahassee for any square or lot of of justice for
land wvitiiin the limits of said city, upon which to erect Leon county
the court-house or other public buildings for the same;
or to make any contract for. the basement or ground
story of the capitol to be used, as a court-house, and
the place agreed upon or settled as aforesaid, shall be
the permanent seat of justice for said county.
Sec. 2. Be It lirther enacted, That the commission-
er of the.city of I allahassee be, and he is hereby, au-
thorised to give-to the said county any public square or Com isslon.
lot for the erection of said court-house and other pub- hassee may
lic buildings for said county, any where within the li- give a
mils of said city, and may receive such compensation square for
court house
as shall be agreed upon by the said county court for
the same; which compensation shall go towards the.
completion of the capitol.
Sec. 3. Be itjurther enacted, That the county courts
respectively within this territory shall have the power county
to sue for and prohibit from trespass, any lands that protect con
may belong to said:counties respectively, by any agent ty ~ndis
appointed for that purpose, and shall sell:and dispose fromtrespass
of the same in such manner as said courts may desm,
best for the use of their respective counties.
Sec. 4. Be it further enacted, That all lands that
have been sold heretofore by said county courts or by Previous
their order, shall be as valid in law as though the same sales by
should be sold after the passage of this act, any thing cou" r .
to the contrary notwithstanding. co









';o contract Sec. 5. And be it further enacted, That no contract
of county that shall be made by the said commissioner and coun-
court to pre-
juitice' th ty court as aforesaid, for any lot or public squtrc, shall
right ofindi. be so made as to prejudice the rights of individuals.
-'iduab. Passed, January 14, 1828,
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, January 16, 1828.
WM. M. McCARTY,
Acting Governor of Florida.


AN ACT

To authorise the appointment of measurers and inspec-
tors of lumber and for other purposes.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That it is lawful for, and
hereby made the duty of the Governor, to appoint in
and for each of the counties of Nassau, Duval, St.
Inzletos Johns, Mosquito and Alachua, two inspectors and mea-
rers of lum. surers of lumber, to measure and ascertain the quanti-
ber to be ap- ty of all lumber that may be cut in said counties, and
pointed. be intended for exportation from the territory.
Se.c. 2. Beit further enacted, That when any persci
or persons shall desire the attendance and services o:
either or any of said measurers and inspectors of lum-
rarty togive her, he or they shall give notice and inform all thr
notice to in. parties concerned and interested, of his intention
speotors. of calling in the aid of such measure and inspec-
tor, at least thl ee days previous to the time when
he shall require said measure and inspector to inspect
and measure the lumber in question; and it shall bc
the duty of the measure and inspector when summo.-
ed, to attend at the place and the day to which he may









ie called, and then and there faithfully to measure all
lumber he may be required to do; and any report and
-eturn he may make concerning thereof, shall be re- JecLoo and
ceived as the correct admeasurement of the same: mneasurers.
Provided, nevertheless, that the several parties inter-
ested may, at all times, be at liberty to establish the
incorrectness of such return and report, in any suit re-
gularly commenced in any court of this territory hav-
ing jurisdiction of the same.
Sec. 3. Be it further enacted, That the said measu-
rers and insp. ctors shall receive the following fees for
their services, to wit: two dollars for every twenty Inspectors
miles they may travel, in going to and from the place '( have Jien
at which they may be required to attend, and fifty on lumber.
cents for every thousand superficial feet of ranging
.umber, and fifteen cents for every one hundred cubi-
cal feet of live oak or cedar lumber,-which said fees
may be recovered in any court havingjurisdiction there.
of of the several parties interested in the measuring
and inspecting the lumber measured and inspected,
>vho are hereby made jointly and severally liable there-
for: Provided, that in all cases the measure shall have
a lien on the lumber by him measured for the full a-
mount of his fees till the same are paid; which lien
shall commence immediately after the performance of
said services.
Sec. 4. Be it further enacted, That if any person
or persons shall transport from either of said counties
above named any lumber, without complying with the Penaly fo
t ransportiig
provisions of this act, after he, she or they haVe been itiouttIca
notified by any person interested in said lumber of their suremen:t.
wish and intention to have the same so measured, he,
she or they, so offending, shall forfeit to the territory a
sum not exceeding two hundred dollars.
Sec. 5. JcAd f- .it further enacted, That all measurers
and inspectors appointed by virtue of this act, shall, be-
fore they entr. on 4thtitea4oftt)ei ,f .tein pto









faithfuiiy '.o discharge the same, and shall hold their of
ice at the will and pleasure of the Governor.
Passed, January 8, 1828.
JN. L. DOGGETT,
President of the Legislative Council.
A, ErLLAMI, Clerk.
Approved, January 16, 1828.
WM. M. McCARTY,
Acting Governor of Florida


AN ACT

Concerning Vagrants.

Be it enacted by the Governor and Legislative Counce.
of the Territory of Florida, That every keeper or ex-
hibiter of either of the gaming tables commonly called
lcepers of A B C, or E 0 tables, or of a faro bank. or of any oth-
aniiesg ta- er gaming table or bank under any denomination what-
blesantoth- ever, except billiard tables, and every able-bodied
r man, who, not having wherewithal to maintain himself ,
shall be found loitering, and shall have a wife or chil-
dren without means for their subsistence, whereby
they may become burthensome to their county; and
every able-bodied man without a wife or child; who,
not having wherewithal to maintain himself, shall wan-
der abroad, or be found loitering without betaking him-
self to some honest employment, or shall go about beg-
ging, shall be deemed a vagrant: Provided, that no-
thing in this act shall be so construed as to prohibit the
City Council of St. Augustine and Pensacola from li
censing such gaming table as they may deem proper.
Sec. 2. Be it further enacted, That it shall be the
rhow ,t be duty of every justice of the peace, on due proof mnd".
,roceededa. to issue his warrant for the apprehension of such o(
,a.: fending person or persons coming under the descriptio;.
f :.g:'a according to the provisions of this ac: a;d








cause him to be brought before such justice, who is
hereby empowered, on conviction, to demand security
for his good behaviour, and in case of refusal or neglect,
to commit him to the jail of the county for any term
not exceeding ten days, at the expiration of which
time he shall be set at liberty, if nothing criminal ap-
pears against him, the said offender paying all charges
arising from such imprisonment; and if such offender
;hall be guilty of the like offence from and after the
space of twenty days, he shall be subject to one month's
imprisonment with all costs accruing thereon, which,
ifhe-neglect or refuse to pay, he may be continued in
prison until the next county court, which shall proceed
to try the offender, and if found guilty, by the verdict
of ajury of good and lawful men, the said court shall
proceed to hire him for any term not exceeding six
months: and the money arising therefrom shall be ap.
propriated to the payment of costs, and to the support
and maintenance of his wife ind children, if any,.and if
such offender shall have no wife nor child, the balance
ofthe money, after the payment of costs, shall be paid
over to him.
Sec. 8. A.nd be it further enacted, That all laws and
parts of laws repugnant to the provisions of this act, be, Repesling
and the same are hereby, repealed. This act shall be clause.
in force from and after the passage thereof.
Passed, January 12, 1828.
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, January 16, 1828.
WM. M. McCARTY,
Acting Governor of Florida.







[72]
AN ACT

To provide for changing the venue in criminal cases.

Be zt enacted by the Governor and Legislative Council
Venui e in cr, of the Territory of Florida, That the judge of any court
minal cases. of law in this territory, before whom any prisoner may
be arraigned on a charge of felony or misdemeanor,
shall have power, on the application of such prisoner,
and on good cause shewn on oath, to order the venue
changed to the next convenient court of law having ju.
risdiction of the case.
Sec. 2. Jlud be it further enacted, 1 hat in all cases
when the venue shall be changed as aforesaid, it shall
Judge to re- be the duty of the judge to recognize the witne.is to ap-
coPmns wi- pear before the superior or other court of the county
prisoner to which such case may be moved on some certain day
of said court, as soon as may be; also to recog:ise the
the prisoner in like manner to appear at the said court
at the same time, if the offence with which he is
charged shall, in the opinion of the said court thus di-
recting the venue to be changed be bailable; and if not
bailable, or he shall have failed to give bail as may be
required by the court, they shall remand him to the
jail of that county to which his trial shall be changed as
aforesaid, and the judge is hereby directed to certify
such recognizan e taken as aforesaid together with a
copy of the record of the case and of the order chang-
ing the venue and all other papers which he may deem
necessary to the trial in such other court to which the
case may be removed, to the clerk of such court whose
duty it shall be on the receipt thereof to issue a venire
facias directed to the marshal or other officer of such
court; and the judge of said court is directed to try the
said prisoner in the same nmannc.r as if the oifence iad
been committed within such county, and any indiatmnent
found or plea filed in the court from which such trial
r'al have been removed shall be as valid and effectuJ








' if the said indictment had been found, or tue same
- ea had been tiled in the court in which the prosecu- Trilt to
.:on is pending; and duly certified copies thereof shall had,as-if of,
be sufficient for such court to proceed to trial thereon: fence had
t shall moreover be the duty of the judge directing the, been ;-
-:enue to be changed as aforesaid, in case he shall have couny.
remanded the said prisoner to jail, to issue his warrant
directed to the marshal or other officer of such county,
commanding him to have the body of such prisoner be-
fore the judge of the superior or other court of the Marsha to
county to which such case may have been removed, on impress nien
the day on which the said witnesses may have been re- and horses
cognised to attend the said court; and the said marshal to convey
or other proper officer to whom such warrant may be prisoners.
directed, shall legally execute the same; and for that
purpose is hereby authorised to impress so many men,
horses and boats as may be necessary for the safeguard
and conveyance of said prisoner; and the court shall cer-
tify the expenses attending the conveyance of such pri-
soner or prisoners, which claims, certified as aforesaid,
shall be paid out of any funds belonging to the territory
not otherwise appropriated.
Passed, January 11, 1828.
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, January 16, 1828.
WM. M McCARTY,
Acting Governor of Florida.

AN ACT

Constituting a superior court in Alachua county, and for
other purposes.
Be it enacted by the Governor and Legislative Council
l' he Territory of Florida, That it shall be thie dutl ct'
,l~ Ter~i~or oj. .. .









the .ucge of the superior court for the eastern uist.:
Alacihua su. to hold a term of said court 'or the county of Alachui:.
period court which term shall commence on the fourth Monday o:
constituted. December in each year, and contmuue for six dayr, i:
the business of the court require the same; and the
said term shall be holden at the seat ofjustice for Ala-
chua county, and all processes and writs sued out ;-
I'apers to ), against any inhabitant of said county, shall be made re-
transfilrc. turnable to said term; and it shall be the duty of
to Alachua the clerks of the superior courts at St. Augustine an'
county. Duval, toturn over and deliver to the clerk of the su.
perior court of Alachua, all the papers relating to any
suit now pending in said courts, where the defendants
to the same are residents-of Alachua, an order of the
judge of said courts being first had for this purpose
which order may be made either in term time o-
vacation; and all suits so removed shall be tried and dc
termined at the term to be holden in Alachua, as if thl
same had originally been commenced there.
Sec. 2. .nd be it further enacted, Vhat where suit.
a e depending in any other superior court of the.eastern
- clerks of su. judicial district against persons residing in another couw
-w it~.cot ty in the same district, it shall be the duty of the clerkh
.0 I tran i i'
:):p t rstihe where said suits are depending, to transfer the sawn
(..unties in and the papers and documents thereto belonging and "
-'hiic'i de.ii.- fi!p iin his office, to the clerk of the superior court '
:ints reside. tie county in which the defendant or defendants-residc
Provided there is a superior court established by la'1
in said county; and the clerk of the court to which son
.uits are transferred shall place them upon the trik
docket of his courtt in their proper order for trial.
Passed, January 12, 1828.
JN. L. DOGGETT,
President of the Legislative Council
A. BELLAMY, Clerk.
Approved January 16, 182-.
WM. M. M<(;CA.ri'Y,
Acting Governor of' Floric<








AN ACT


To keep from unlawful obstruction lhe navigable
streams in the territory of Florida.

Re it enacted, by the Governor and Legislative Council Persons oL.
of the Territory of Florida, That it shall not hereafter structing na-
be lawful for any person to erect or ti': on any navigable viatio to
be liable to.
water course any dam, bridge, hedge, seine, drag or penalty.
other stoppage, whereby the navigation of boats drawing
live feet water, or the passage of fish may be obstruct-
ed; and any person offending against the provisions of
this section, shall, on conviction thereof before any court
having jurisdiction of the same, be liable to a penalty to be remoz..
of forty dollars,-one half for the use of the person sue- ed.
ing. for the same, and the other half for the use of the
territory, and the said obstruction shall be removed as
a nuisance,

Sec. 2. Be it further enacted, That any person who
hath heretofore unlawfully made or caused to be made,
or shall hereafter unlawfully make or cause to be made
any bridge, hedge, dam or other obstructions in any
navigable water course within this territory, so as to
injure or impede the passage of vessels, boats or other
craft employed for transporting produce, shall forfeit -
and pay a sum not exceeding: twenty-five dollars for
every twenty-four hours they shall continue the same
after due notice to remove said obstructions, to be re--
covered with, costs before any court having jurisdiction
of the sanme-one half to the use of the person bring-
ing the suit, and the other half to the use of the territo-
ry.
Sec. 3. And be it further enacted, That whosoever
shall fell any tree or trees or cause the same to be fell- i.treesito,
ed into any navigable stream within this territory, and the naviga-
shall not reeve the same within twenty-four hours af- ble streams
ter such felling, shall forfeit and pay five dollars for i1b'le to p'
every tree fe led as aforesaid,--to be recovered and '









appropriated in the manner pointed out in the third sec-
tion of this act.
Passed, January 11, 1828.
JN. L. DOGGETT,
President of the Legislative Council,
A. BELLAMY, Clerk,
Approved, January 16,1828.
WM. M. McCARTY,
Acting Governor ofFlorida.

AN ACT

To allow the Justices of the Peace compensation for
their attendance on county business in certain coun-
ties therein named.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the justices of the
Justices in peace ior the counties of Leon, Jefferson, Madison and
Certain Hamilton shall receive the sum of two dollars per day
counties to each, for their attendance on county business, to be paid
receive com- out of their respective county treasuries.
pensation. Passed, January 16, 1828,
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, January 18, 1828.
WM. A. MMcCARTY,
Acting Governor of Florida.

AN ACT

For the relief of Jeremiah Saville.

Whereas a law of this territory "entitled an act pro
viding for the election of a Delegate to Congress, ap-
proved August 12th, 1822," made it obligatory on
the judges of election, within five days aftc









closing the polls to deliver one of their poil books to
the sheriff of the county in which the election was
held-and whereas Jeremiah Saville, one of the
judges of election for a Delegate to Congress, held
on Yellow Water in Escambia county on the first Mon-
das in June, 1824, was compelled, in compliance Preamble.
with the provisions of said law, to travel from Yellow
Water to Pensacola, and paid ten dollars for his pas-
sage from the head of Black Water Bay to Pensaco-
la, and has received no compensation therefor-

Be it enacted by the Governor and Legislative Council Treasurer to
of the Territory of Florida, That the said Jeremiah Sa- payJ.savilc
ville be paid twenty-six dollars from any monies in the twenty-six
treasury not otherwise appropriated, as a full compen- dollars.
station for his services.

Passed, January 16, 1828.
JN. L. DOGGETT,
President of the Legislative Council.

A. BELLAMY, Clerk.

Approved, January 18, 1828.
WM. M. McCARTY,
Acting Governor of Florida.


AN ACT
Officers com-
ro repeal in part "an act dividing the territory of Flo- missioned by
U. States not
rida into thirteen election districts, and providing for ineligible.
the election of members of the Legislative Council."

Be it enacted by the Governor and Legislative Council
of the Territory of florida, That so much of the se-
cond section of the aforesaid act as declares persons
holding offices byvirtue of a commission from the Unit-









ed States ineligible to the Legislative Council, be, avt
the same is hereby, repealed.
Passed January 16, 1828.
JN. L. DOGGETT,
President of the Legislative Council.
A. BrLT.LAjy, Clerk.
Approved, January 18, 1828.
WM. M. McCARTY,
Acting Governor of Florida

AN ACT

To amend an act entitled "an act concerning roads,
highways and ferries," approved September 15,
1822.
Clerks not Be it enacted by the- Governor and Legislative Council
to publish of the Territory of Florida, That-so much of the act to
pelitions for which this is an amendment, as requires the clerks of
roal' t the county courts to publish petitions for laying out
public roads, and the return of the commissioners there-
on, be, and the same is hereby, repealed.
Passed, January 15, 1828.
JN. L. DOGGETT.
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, January 18, 1828.
WM. M. McCAR 'Y
Acting Governor of Fiorida.


AN ACT

For the relief of the heirs of William Sebree, late mar-
shal of the western judicial district of Florida, and
for other purposes.
Whereas it has been represented to the Legislative
Council that William Sebree, late marshal of the
western judicial district for want of funds to sup!r:'








prisonoera lt the jail oi said district, did discharge
therefrom sundry persons charged with the payment Preamble.
of fines for violation of the penal laws of the country,
before e the said fines had been paid; and whereas o-
pinions are entertained that the estate of the said
William Sebree, in the hands of his heirs,-is'liable
in law for the payment of said -fines, for remedy
whereof-
William Se.
Be it enacted by the Governor and Legislative Council of bree's heirs
:he Territory of Florida, That the estate of William exemptfrom
Sebree deceased, be, and it is hereby released and the payment
.* of certain
exonerate from allliability to the payment of said finer
fines or any.of then.

Sec. 2. fe it fudrhe, enacted, 'That no marshal.or No officer to
other officer shall at' any time be chargeable with the be liable for
fined imposed upon any prisoner which he may have .har~10 dis.
been compelled to discharge from jail before the pay- soners for
ament of said fine,'for the want of funds to support said want of
prisoner in jail. 'fund.

See. 3. .And be it Jfther enacted, That nothing in
this act contained shailie construed to release the per-
sons originally charged with said fines, or any of them,
from the payment of the same; and the United States
attornies for the several districts are hereby authoris-
ed to pursue such measures for'the collection of the
same as they ibay'deem necessary.

'Passed, January 16, 1828.
JN.L. DOGGETT,
President of the Legislative Council.

A. BELLAMY, 'Clerk.
Approved, January 18, 1828.
WM. M. McCARTY,
Acting Governor of Florida-







-L80)

AN ACT

To incorporate a company to be called the Chipola Ca-
nal Company with powers to construct a canal oa
rail way between the Chipola river and the eastern
arm of the Bay of St. Andrews.
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That Benjamin Chaires, Pe.
ter W. Gautier, Sen. John Clark. Jacob Robinson,
Clipolapa" William P. Hort, and such other persons as they may
nal company
incorporated receive into their company, their heirs, successors and
assigns, shall forever be a body corporate and politic,
by the name and style of the Chipola Canal Company,
and by such corporate name shall be capable in law to
buy, purchase, hold ani sell rea, and personal estate,
to receive donations and make contracts, sue and be
sued, plead and be impleaded, to make and execnte bye
laws: Provided the same are not contrary to the laws
of the territory and of the United States, to have a
common seal, and alter and renew the same when they
may deem it necessary, and to do all other lawful acts
incident to a corporation, and which may be necessary
and proper for the convenient transaction of its affairs.
Sec. 2. Be it further enacted, That the said com-
pany shall annually hold an election, at such times, and
icctKin ior under such regulations and restrictions as they may in
fiicers. their bye laws pres ribe, for a president and as many
directors as shall be required for the management of
their business -the number of which directors to be pre-
viously determined on and declared in their bye-laws;
and the said president and directors, when elected,
shall have the power to appoint such subordinate offi-
cers and agents as may be necessary, and at any time
todismiss them from office for improper conduct; and
shall be capable of exercising such other powers and
authorities (or the well governing and ordering the af-
fairs of the company as to them shall appear conducive
its interests.








Sec. 3. Be it farther enacted, That the stock of said
companyy shall be laid out into as many share -as they Stock to be
may think proper; and the votes of each stockholder iaid out in
,.hall be according to theimuni8 of shares he may hold, s!h es.
to be,vdgulated and agreed upon by said company, and
made known in their bye-laws.
Sec. 4. Be itfurtheiOenacted, That the said compa-
ny shall have the right to construct a canal or railway, Company
or both, as to the president and directors of said compa- may erect
ny may seem best for the transportation of produce, canal or ral
;oods and all otier articles whatsoever, from the (;hi- Wa
nola river to the head of the eastern arm of the bay of St.
Andrews, and from the said bay to the said Chipola river;
and to this end my commence the said canal or railway
at any point upon the said river which may be best suit-
ed to the accomplishment of their object, and pursue
such courses and *djreetioa with the same as may be
deemed most advantageous by the president and ('irec.
Sors of said company. "
Sec. 5. Be t further enacted, That in constructing
said canal or railway, it shall and may be lavful for the
president and directors of said company, or any other May take
person appointed by4hem, to enter upon and take pos- possession of
session of any lands whlaseever, whether covered with ry land
water or ndt, which may be necessary for the prose
cutting and completing the works contemplated by this
act-or whereupon it may be necessary to open any ca-
nal, or construct and erect any locks, dykes, embank-
ments, dams and other works intended or implied by
this act: Provided, that no lands owned by private in-
dividuals shall be taken for the purposes aforesaid,
withoutzrendering said company liable to pay the value
of the sade, to be assessed in the manner hereinafter
pointed out and provided: also that a greater quantity
of land shall not be taken from the owner or owners
thereof than is necessary for the said canal or railway,
nnd the appendant works belonging to the same,
including a road or street on each side of said works, not
to exceed in width two hundred feet.
L








Sec. 0. Be it further enacted, That it shall be lawri.
for the president and directors of said company, or aDin
other person appointed by them, to take irom any lan.d
most convenient to said works, at all times, such tiin-
bers, stones and other materials as may be necessary
May take forconstructing and repairing the same, upon the pay-
timber .c. mient to the owner thereof the'value of such materials,
-to be ascertained in the manner hereinafter pointed out
Sec. 7. Be it./urther enacted, That whenever it may
become necessary for said company to take possession
of any'lands, timbers,ltones or other materials owned
by private individuals, for the constructing or repairing
-said works, or any of them, and the president and direc-
To mke tors of said company, and the owner.or owners *of said
compemsl- property, or any part thereof, cannot agree as to the
tion to the value of the same, it shall be lawful for the president
owner of and directors of said company, upon giving at least ten
land &c. days previous notice to the owner or owner of said pro-
perty, to apply to the judge of the county court in the
county where said works are to be constructed, erect-
-ed or repaired, if there be a.judge of the county in said
county, otherwise to thejudge of ,the county court ir:
some adjoining county, for the appointment of persons
to ast certain and determine upon the value of said pro-
pe:ty; and it shall be the duty of said judge, upon such
application, to appoint five disinterested persons, who
shall be sworn by said judge to assess the value of said
land, timber, stories or other materials, according to
the true and intrinsic value thereof; andrhe vahte fall
o: any of said property, when ascertained as aforesaid,
shall be paid by said company to the owner or owners
of the same. before the president and directors of said
company shall be permitted to take possession thereof.
See. 8. Be it further enacted, That if it shall be ne,
cessary or convenient in the opinioil of 'the president
and directors for said canal, railway or other work-j,
To apply to to pass4hrough, or be erected on any lands claimed by
conpntvi e:;. private individuals, the titles to which have, not been
appoint ti~c








.Ajjusted andconfirmed by the Gevernment of the U-
nited States, or to take from any lands similarly situat-
ii. any timbers, stones or other materials for the con- asess
.truction or repairing said works, it shall be lawful of lald &c,
for said President and Directors to take possession of
and use the same or any part thereof, as though the va-
lue of the same had been previously, ascertained as 4-
foresaid and paid by said company,; and if, at any time
thereafter, the person or persons. claiming said lan4
should have his, her or their titles confirmed therQto
by the government of the United States, it shall be law-
ful for him, her or them to apply to the judge of the
county court as ;,foresaid for the appointment of five
disinterested persons to ascertain the value thereof, and4
said'persons, whedn appointedand sworn in manner alore-
said, shall ascertain and ,Pletermine upou.the true an4
intrinsic value of the same, without any regard to the
works pla-.e&tthereon b~ said company: Provided that,
no work or labor done by said company shall be taken,
into the account, or shall be allowed to increase, in the
estimation of the appraisers, the original value of said
property; and the value of said property, when ascer--
tained as aforesaid, shall be paid by said company.
Sec. 9. Be it further enacted, That all the expenses
incurrediin4appraising any property taken by said com-
pany by virtue of this act, shall be paid by said compa- To pay ex-
ny: Provided the appraisers shall not be allowed to pensesofvpr
charge more than one dollar each per day, while en- luation
gaged inpaking said.appraisement.
Sec. 10. Be itjurther enacted, Thatall property paid-
for by said company, agreeable to the provisions.of this ro own pro-
act, and all donations made to the same, shah forever perty thuL.
afterwards belong to the members of said company, valued fne
their herrs, successors or assigns, in fee simple, in pro- paid fo
portion to the shares owned by each of said members
respectively.
Sec. 11 Be it further enacted, That in constructing
said works or any of them fri the transportation of pro&







r847

duce, goods and other articles as aforesaid, the sai.
company shall have the right to use any stream, river
or other water, between the Chipola river, and the
head of the eastern arm of the bay of St. Andrews, in
such way as to the President and directors of said
May use any company mey be considered best for carrying into Aeect
water be- the object herein contemplated; and such stre::'ms or
teen the
hipola and other waters, or so much thereof as may be uswd by
eastern arm said company, shall be deemed and held as the pr oper-
of St. An- ty of the same, under such regulations and restri .'ions
drew bay as to their value as are prescribed in the seven!' and
eigth sections of this act.
Sec. 12. Be it uJither enacted, That the president
and directors of said company shall have the right to
sMay keep clear and keep free from obstructions, all streams and
all streams other waters susceptible of navigation for boats or oth-
near said
places free er craft capable of transporting produce which may be
from obi discharged into, or connected with the said Chipola ri-
structions ver, at any place within five miles of said canal, rail-
way or other works.
Sec. 13. Be it further enacted, That the President
and Directors of said company may, at their option,
l:ay estab- make and establish a road from the said Chipola river
lish road &c. to the said eastern arm of the bay of St. Andrews, to be
used by said company for the transportation of produce,
goods and other articles, until such time as said canal
or railway may be completed and ready for use and
operation.
See. 14. Be it further enacted, That it shall be the
duty of saij company to commence their works for the
construction of said canal or railway within the term of
To corn- two years from the passage of this act; a.id if the said
menc, tiher
works with- company shall faii to commence said work within the
in two years time aforesaid, or after having begun the same, shall a-
bandol or neglect it for the term of twelve months at
a:.v one time-or if, after said works have been com-
pleted, they shall permit the same to go down and re-
main so for twelve months without any attempt to re-







[85]

-air the same, then, and in either of said events, the
-aid corporation shall be dissolved, unless the opera-
tions on the same have been suspended. from high or
low waters, or any other unavoidable cause.
Sec. 15. Beit further enacted, hat the said compa-
ny shall have a right to demand and receive tolls and May receive
fees for the transporting produce, goods or other arti- to
cles upon the said canal or roads, or for permitting
boats or other crafts to navigate and pass through said
canal, at such rates as may be agreed upon and deter-
mined by a majority of the shareholders ; which tolls
and fees shall be expressed and made known in the bye-
laws of said company, but may be changed whenever
circumstances may render it necessary in the opinion
of the president and directors of said company: Provi-
ded tiat said tolls or fees shall not be increased with-
out previous public notice of such increase; and the said
company shall continue to receive said tolls and fees,
so long as the said canal or railway shall be kept in suf-
ficient order by said company, their successors, heirs
or assigns for transportation as aforesaid: and all pro-
duce, goods, boats or other articles or things, trans-
ported or conveyed through said canal or on said road,
shall be liable for said tolls and fees, and may be de-
tained until the same are paid.
Sec. 16. Be it further enacted, That if, at any time,
said canal or railway should need repairs, and in conse-
quence of which transportation over the same should Naav receive
be suspended, until the same are made nothing in this tol after
act shall be so construed as to prevent said company temporary
from demanding and receiving tolls and fees as afore- suspensLon.
said, when the same shall be again put into operation.
Sec. 17. Be it further enacted, iThat any share-
holder in said company shall have the right to transfer
his interest in the same, or any part thereof, to any Sharehol-
other person, under such rules, regulations and re- ders may
trnsfir their
strictions as may be prescribed in the byc-laws of said Stock
company: but the interest of any one or more members








in the joint stock and property of said company,- shall'
not be severed from tie interest and property of the
others, so as to impair the value of said.works, with.
out the consent of the majority of said company.
6ec. 18. Jad be it further enacted,. That this act shal!
This act to be liberally construed for the benefit of said company,
be hibeail and to carry into complete effect the objects herein
construed contemplated; and.the stid company shall be governed
in all its operations not herein provided for, by its own
laws: Provided the same are not repugnant to the laws
of this territory, on of the United States..
Passed, January 14, 1828.
JN. L. DOGGETT,
President of the Legislative Council..
A. BELLAMY, Clerk.
Approved, January 16, 1828.
WM. M. McCARK Y,
Acting Governor of Fiorida.


AN ACT

To alter and change the times of holding county courts,
and for other purposes.

F.ssmbia Be it enacted by the Governor and Legislative Council
county court of the Territory of Florida, I bat the county court of Es-
timeot hold- cambia county shall hereafter be holden at the seat of
ing justice for said county, on the first Mondays of April
and October in each and every year.
alton Sec. 2. Be it further enacted, That the county court-
county court of Walton county shall hereafter be holden at the seat
of justice for said county, on the second Mondays of A-
prit and October in eacli and every year.
Sec. 3. Be it further enacted, That the county courts
wa n of Washington county shall hereafter be holden at the
Wcouty ourt seat of justice lor said county, on the fourth Mondays c?
April and October in each and every year,








See. 4. Be it further enacted, That the county courts
-*f Jackson county shall hereafter beholden at the place Jackon
appointed by law in said county, cn the.third Mondays count court
of April and October in each and every year.
Sec. 5. Be it further enacted, That the county
courts of Gadsden county shall hereafter be holden at Gadsden
t.he seat of justice of said county, on the second Mon- county court
-lays of January and July in each and every year.
Sec. 6. Be it further enacted, That the county courts
of Leon county shall hereafter be holden at the city of Lon county
Tallahassee, on the their' Mondays of March and Sep-
tember in each and every year.
Sec. 8. Be it further enacted, That the county courts Madison
of Madison county shall hereafter be holden at the place county court
appointed by law, on the second Mondays of April and
:Otober in each and every.yaar.
Sec. 9. Be it further enacted That the county court IIamiiton
of Hamilton county shall hereafter be holden at the county court
place appointed by law, on the fourth Mondays of A-
pril and October in each and every year.
Sec. 10. -Be it further enacted, Tlhat the county courts
of Alachua county shall hereafter be holden at the Alachua
place appointed by law, on the second Mondays of coeul ycouzt
March and October in each and every year.
See..44. -Be it further enacted, That the county courts I)lal
of :Duval county shall hereafter be holdeu at Jackson- county courtt
ville,on the first Mondays of May and October in each
and every year.
Sec. 12. Be itfurther enacted, That the county courts
of Nassau county shall hereafter be holden at the place sassan
appointed by law, on the second Mondays of May and county couct
October in each and every year.
Sec. 13. Be it further enacted, That the county courts
of St. Johns county shall hereafter be holden at the st. Johns
city of St. Augustine. on the second Mondays of April co"ty court
and October in each and every year.
Sec. 14. Be itfurther enacted, That the county courts Mosquito
of Moquito county shall hereafter be holden at the countyccr"







8ss8

place appointed by law, on the second Mondays of A
pril and October in each and every year.
Sec. 15. Be it further enacted, 1 hat the county courts
of %Jonroe county shall hereafter be holden at the Isl-
oulty court and of Key West, on the second Mondays of May and
November in each and every year.
Sec. 16. Be it furtherenacted, "Tht the criminal caus-
Criminal ca- es which shall be pending in the said count, courts,
sesto be shall be transferred by tne clerk of said courts to
transferred
ton county the next superior court for his county or judicial dis-
to superior trict; and the same trial shall be had thereon as though
court the same had originated in said superior court.
Sec. 17. Be it /urtherenacted, That all pleas, plaints,
processes and other proceedings which have been corn-
Cases com. menced in any of said courts under any law of this ter-
Ser former ritory, and are now pending and undetermined therein,
act to be ef- shall be prosecuted to final judgment in the same mao.
fectual ner, at the abovementioned terms, as if the same had
been commenced since the passage of this act.
Sec 18. Be it further enacted, That all acts and
parts of acts providing for holding county courts inthi:
Criminal ju- territory, and so much of "an act to amend an act es.
risdiction of tablishing, county courts in this territory, approved Ja-
county
courts taken nua.ry 20, 1S87," as gives to the same criminal juris-
away diction, be, and the same are. hereby, repealed; but
all suits and actions commenced under any of said acts,
shall be valid in law as though the same had commenced
after the passage of thisact.
Sec. 19. Be it further enacted, That the said count'
courts shall have power to tax tree people of color ii
County money or labour :o such an extent, as to said county
courts to tax courts may appear a reasonable equivalent for the non-
free people payment of other taxes, or non-performance of other
of colour duties imposed by law upon the wvhitl inhabitants c:
this territory.
Sec. 20. Be it further enacted, Fhat the county courts
of the respective counties shall have power to levy and
assess a county tax for county nlurpose: ~ro-le! s:'ci'









tax shall not exceed seventy-five per cent. on the a- To assess
mou t or the whole territorial tax; and. provided, such c'1"vy !ax"
for cuunly
courts shall have no power to assess a poll tax on white purposes
people; and, provided, that they shall have no power
to assess a tax on neat cattle.
Sec. 21. Be it further enacted, That the county tax- countytaxes
es shall be collected in the same manner, and by the to be collect-
same persons, as the territorial taxes are collAted. al taerrito-
Sec. 22. He it further enacted, i hat it shall be the
duty of the several magistrates within their respective Magistrates
counties, to meet at each term of the county courts for to attend to
the purpose of transacting county business, two of county busi.
w.vom shall, in conjunction with the judge of the county
court, form a quorum: Provided, also, that the county
business shall be commenced after the civil business
of said county shall be disposed of.
Sec. 23. .dnd be it further enacted, That the county
court of Duval county shall have power to pass such
rules and regulations providing for the police of the
town of Jacksonville, the county seat for the above Dural coun.
named county, as to them may appear good and whole- ty court to
some: Provided, however, That said court shall not make rules
have power to levy any additional tax on the inhabi- &ce for J'ack
tants of said town; and provided, also, that a petition be
presented to said court by three free-holders of said
place, requesting their interference.

Passed, January 14, 1828.
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, January 16, 1828.
WM. M. McCARTY,
Acting Governor of Florida.









AN ACT


For the relief of Robert Butler.

Be it enacted by the Governor and Legislative Councri
R. ulntler al- of the Territory ,f Florida, That Robert Butler shall
lowed to re. be entitled to retain in his possession the dwelling and
taes near the outhouses on the south side of the water-fall, on the
water fall north east quarter of section one, township one, range
one south and west, for the term of two years from the
first day of the present month, any law passed at the
present session of the Council notwithstanding.
see. 2 Atnd be it further enacted, That the said But-
ro remove ler is hereby authorised to sell or remove his mill
mill house house on the north side of said waterfall, or any of the
above described buildings: provided he doth the same
in the above specified time.
Passed, January 17, 1828.
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, January 19, 1828.
WM. M. McCAR FY,
Acting Governor of Florida



AN ACT

To provide, in part. for the disbursement of public mo-
nies of this territory.

Be it enacted by the Governor and Legislative Council
treasurer r to of the Territory of Florida, That the territorial I rea-
rei-'fn ., surer shall he. and he is hereby authorised to audit and
ing prisoners pay all in' dental expeises i arresting, safe-keeping,
ironing. uuardinz andl m' in ta iniint of all prisoners that
have '!)-b:" or sh'i ll b hereaftpr, confined in this
territory, to the officer or other person who shall be







91

..t such expense: Provided that the judge or justice of
lhe peace before whom the case of such criminal shall
be cognizable either to commit or to try, shall certify
that the expense incurred is just and rizht, and that the
service for which the same was charged was performed.
Sec. 2. Be it further enacted, That when any revenue
officer or other person indebted to the territory by Debts due
bold or otherwise, shall become insolvent, or when the te 'rrolo-
ry to be pre.
estate of any deceased debtor in the hands of executors ferred
or administrators shall be insufficient to pay all the
debts due from the deceasea, the debt due to the ter-
ritory sha.l be first satisfied.
Sec. 3. .Ind be *t further enacted, That the tax col-
Petit nirlnes
lector in ech. county shall pay out of any monies in his t be paidin
hands belonging to the tei ritory to all petit jurors that criminal ca-
shall hereafter sit on any criminal rase, thirty-seven see.
and an half cents for each case they shall try: Providodi
the said services shall be certified to have been per-
formed by the judge and clerk of the said court in which
they were empannelled, an,' the said certificate shall
be received in payment of taxes.
Passed, January 19, 1828.
JN L. DOGGETT,
President of the Legislative Council,
A. BELLAMY, Clerk,
Approved. January 19,1828.
WM M. McCARTY,
Acting Governor of Florida.


AN ACT

For the punishment of crimes and misdemeanors and
to regulate criminal proceedings.
Be it enacted by the Governor and Legislative Council Repreard of t
of the Territory of Florida, Toat the act entitled "an crinunal pro-
act prescribing the mode of criminal proceedings, ap- ceeding
proved January 19, 1827," and, albo, the act entitled







[92j

"an act to provide for the punishment of crimes a;,i
misdemeanors, approved January 19, 1827," be, ant
the same are hereby, repealed.
Sec. 2. Be it furtherr enacted, T'hat the act entitle(
"an act to detine crimes and misdemeanors, and to pre-
Revival of scribe punishments for the same, approved December
act of 1824 28, 1824," except the one hundred and tenth, and the
one hundred and thirteenth sections thereof, and except
so much of the said act as relates to the punishment by
stripes, be, and the same is hereby, revived and de-
clared to be in full force.
Sec. S. Be it further enacted, That whenever the
said act, approved December 28, 1824, and which is
hereby revived imposes a punishment by stripes for
f Puisment any offence therein designated, the same may be in-
be imposed flicted at the discretion of the court, to any number not
by court exceeding thirty-nine.
Cases oflar- Sec. 4. Be it further enacted, That all cases of lar-
ceny 10o ceny not expressly provided for in the act which is here-
provided for by revive, shall hereafter be punished by stripes, not
punislhed .
ystrpes exceeding thirtv-mnie.
Cases under Sece 5. .ndr be it J'1rther enacted, That all crimes
form.eractto committed under the -t approved January 19. 1827,
be punished shall be prosecuted and pun shed nnder the provisions
thereunder. of the same. as though it had never been repealed.
Passed January 11, 1826
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved, January 19, 1828.
WM. M McCARTY,
Acting Governor of Florida.

AN ACT
To prevent the stealing of slaves and carrying them off
by water.
Be it enacted by the G- vernor and Legislative Council
of the Territory of Florida, That from and after the







[L93

Passage of this act, if any master of any ship or vessel,
m ri:ineOr, or a:. other person or persons trading or be-
inz \ it hin this territory, sihill car:y, convey or conceal
on board of any ship or vessel, any negro or mulatto
slave or slaves, the property of any citizen or citizens
of this territory, without the consent, in writing, of the Persons ca:-
owner or owners, his, her or their guardian or guar- "yin" away
dians of such slave or slaves previously obtained, or board of a
shall take and receive on hoard of any such vessel or ship without
ship any such slave or slaves, or permit or suffer the consent of
same to be done, with the intent and for the purpose of ow'set be
carrying and conveying such slave or slaves out of this with death
territory, or shall wickedly or wilfully conceal, or per-
mit to be : oncealed on board of any such ship or vessel,
any negro or mulatto slave or slaves, who shall or may
hereafter abscond from his, her or their master or mas-
ters, with the intent and for the purpose of enabling
such slave or slaves to effect his, her or their escape
out of tins territory, every such master, nariner, or
other person or persons on board of any such ship or
vessel, or carrying, or conveying, or so taking, receiv-
ing, or concealing, or causing or permitting the same Jo
be done, with the intent as aforesaid, shall be taken
and deemed to be guilty of felony, and shall suffer death
as a felon.

Sec. 2. AJnd be it further enacted, That if any negro Where a
or mulatto slave or slaves shall be found concealed on slave is con-
board of any ship or vessel trading in or being.within aIcd onhp
this territory, with intent to carry said slave away, and themasterof
without the consent or knowledge of the master or mis- vessel to pay
tress, his. her or their guardian or guardians of such five hundred
slaves or slaves, after the vessel shall have weighed
anchor or hoisted sail for leaving the port, the master
of such ship or vessel, shall forfeit and pay to thaeown-
er or owners of said slave or slaves the sum of five hun-
dred dollars, to be recovered by action of debt in any









of the courts of this territory having jurisdiction of the
same.
Passed, January 11, 1828.
JN. L. DOGGETT,
President of the Legislative Council.
A. BELLAMY, Clerk.
Approved January 19, 1828.
WM1. M. McCARTY,
Ac ing Governor of Florida.


AN ACT

To amend an act to provide for taking the census ou
the population of the territory.

Be it enacted by the Governor and Legzslative Council
qfthe Territory of Florida, That the re eiver of tax
returns in each and every county in this territory, shall
at their next assessment, take a census of all the popu-
1tecciver o nation within their respective counties; and shall ob-
to take cen- serve the same rules, provisions and regulations, and
sus. shall be subject to the same penalties as is provided for
by the act to which this is an amendment, except such
as is otherwise provided for by this act.
See 2. dund be 'I further enacted, That said receive
Ilis par. er of tax returns shill receive as a full compensation
for his services in taking a census as aforesaid, the sum
of not less than fifty cents, nor exceeding five dollars.
for each one hundred inhabitants or souls, which slihll
be paid out of any monies belonging to the territory in
the treasury of the same.
Passed, January 18, 1828,
JN. L. DOGGETT,
President of the Legislative Counci.
A. BELLAMY, Clerk.
Approved, January 19, 1828.
WM M. McCARTY,
Acting Governor of Floridar









AN ACT
.o incorporate a wharf company in the City of Pensa.
cola.
WHEREAS, it has been represented to the Legis.
native Council, by the memorial of a number of the in- Pensacola
habitants ofthe City of Pensacola, that an association wharf como
!Y~s been formed in said city, having for its object to pany incor-
erect a wharf into the bay of Pensicola, as authorised porated.
by an ordinance of the Mayor and Board of Aldermen
of said City, and that the said association have elected
Benjamin D. Wright, Micajai Crupper, John de La
Rua Samuel Patterson, and Henry Michalet a board
-f directors for said wharf: Now therefore,
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, lhat the said Benjamin D. Director to
Wrightas President, and Micajah Crupper, John D. be elected.
La Rua, Samuel Patterson and Henry .ftichalet be
and they are hereby constituted a body politic and cor-
porate, by the name and style of the President and
-Directors of the joint stock wharf company, with free
power in their corporate name to sue and be sued,
implead and be impleaded, grant, receive and do all
other acts as natural persons. To have regular suc-
cession, and to continue in office as President and direc-
tors aforesaid until the first '-onday of August which
will be in the year of our Lord, eighteen hundred and
twenty-eight, on which day in each and every year, an
election shall be teld, at such place, by such person
and in such manner, as may he appointed by the hoard
of Directors for the current year, for the ele. tion of
fiv directors, who shall choose their own President
and Treasurer ; Provided, thatif said 'election should
not be had in any one year onathe said first Monday in
August. it shall not operate to affect said incorporation,
but the said election shall be held at such time there,
after as the said President may rrder and direct
Sec. 2. Re it further enacted. That the President and
Directors hereby constituted, and their successors.


s95









shall have full power to make all necessary bye lai.
To mae rules and orders, for the government and disposition o;
bye laws the fund or any part thereof, which now is, or hereaf-
ter may be in the hands of the treasurer of said associ-
ation. They shall have power to fix the compensa-
tion 6f the treasurer and other officers of said board ;
they shall have power to fix the rates cf wharfage, and
declare dividends amoiig the stockholders: I'hey also
shall have power to order elections to fill vacancies
which may happen in their board.

Sec. 3. Be itfurther enacted, That the voting for di-
rectors shall, in all cases, be as follows: each stock-
holder for every one share, and not more than two
Voters. shares, shall be entitled to one vote; for every two
shares exceeding two, and not exceeding five, one vote;
for every two shares above five, and not exceeding
ten, one vote -Stockholders may vote by proxy; and
the city of Pensacola, so long as the Corporation there-
of shall own sixty shares of said stock, shall be entitled
to ten votes, to be given by such person as the board
of Aldermen may direct.

Sec. 4. Be itfurther enacted, That no monies shall be
drawn from the treasury, unless the account therefore
shall have been approved by the board of directors,
and signed by the president.

Sec. 5. Be it further enacted, That the said
Number of stock for the erection of said wharf, shall consist of
shares. one hundred and eighty shares of fifty dollars each.
Provided, however, that the said hoard of directors
may, in case of necessity, increase the number or a-
amount of shares, so that the aggregate amount of said
stock, when paid for, shall not exceed the sum of
twelve thousand dollars
Sec. 6. Jlnd be it further enacted, That all contracts
or appointments heretofore made by the said associa.









. ion or their agents or officers, are hereby declared to
be good and valid in law.
Passed, January 17, 1828.
JN. L. DOGGETT,
President of the Legislative Council.
A. BELL..Ar, Clerk.
Approved, January 18, 1828.
WVM. M McCARTY,
Acting Governor of Florida.

AN ACT
Concerning Slaves, Free Negroes and Mulattoes.
Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That all persons lawfully who shall
held to service for life, and the descendants of the fe- be deemed
males of them within this territory, and such persons slaves
and their descendants as may hereafter he brought in-
to this territory pursuant to law, being held to service
for life, or a given time by the laws of the state or ter-
ritory from whence they were removed, and no other Not lawful
person or persons whatsoever shall henceforth 6e to bring into
deemed slaves. That it shall not be lawful to oring lavesborn
Into this terrritorv and to hold therein any slave or slaves out of the
porn without the United States or any territory there- U. s or
of, except such slaves as at the time of their removal ety of of
were resident within thA limits aforesaid, nor such as
shall have been convicted of any-offenceaind transport-
ed therefore under the laws of any state, territory or
district.
Sec. 2. Be itfurther enacted, That it shall not be law-
ful for any person whatsoever to bring into this territo-
ry, or to hold therein'after the passage of this act, any
slave or slaves that shall have been convicted of any
offence and therefore transported by the laws of any
state, territory or district; and if any person shall bring









into this territory, contrary to the provisions of this
S ct. any such slave or slaves, or shall sell. purchase,
p; son or hold in this territory any such slave or slaves, know-
brnR'inxinto ing such slave or slaves to have been brought into this
territory territory contrary to the provisions of this act, every
such slaves suci person so offending shall forfeit and pay to the
territory for the use of the literary fund, for such slave
so 'brought in, sold, purchased or held, a fine of five
hundred dollars; and, moreover, shall give bond and se-
curity to the county court in which such slave orslaves
shall be, in the price of such slave or slaves, that he
will remove him, her or them out of the territory with-
in twenty days after the giving of such bond: provided,
however, that this penalty shall not be incurred by any
person bringing into this territory any slave or slave-
for the purpose only of passing through, or for a shiori
time abiding therein, if such slave or slaves be not kepj
within this territory for one whole year, or sold. or of
fered for sale therein; and provided, also. that nothinL
in this section shall be so construed as to extend to anm
blave that shall be at this time in the territory.
Sec. 3. He it further enacted, i hat it shall not be
lawful for any person or persons, except it be such per-
Yersons sons as are removing to this territory for the purpose
importing of making a settlement therein, to import into this ter-
ept or set ritory from any of the United States, territories or dis-
tlements to tricts thereof, any slave or slaves, either negro or mu.
procure cer- latto, or of any other description whatsoever above the
tificates of
'e of & age of twelve years, without having previously obtain-
ed a certificate signed by theju ige oflhe county court,
or any two justices of the peace in the county of the
state, territory or district from which such slave or
slaves is or are brought, wviich certificate shall contain
a particular description of the stature and complexion
of such slave or slaves, together with the name, azc,
and sex of the same; and, furthermore, that the slave
or slanvC ther-ciin e.itiioed aiil described have not
been guilty of or committed murder, burglary, arsoc;