Acts of the Legislative Council of the Territory of Florida

ACTS

OF THE

L LEGISLATIVE COUNCIL

OF THE

Territory of Florida,

PASSED AT THEIR SEVENTH SESSION

MB AUTHORITY.

PRINTED BY WLIJAM WILSON,

TALLAHASSEE
] 2.o.

RULES OF PRACTICE

FOR THE

COURT OF APPEALS

OFTHE TERRITORY OF FLORIDA.

RULE 1st. It shall be required of an applicant ftr admission
as an Attorney and Counseilor in this Court. that he should
have practiced as such, in a Superior Court of this Territory,
and have sustained a fair private and professional character.
RULE 2d. The practice of the Supreme Court of the
United States, so far as the same is consistent with the Organic
Law, and with the acts of the Leaislative Council, shall be
the out-line of the practice of this Court, to be altered from
time to time as circumstances may render the same necessary.
RULE 3d. Previous to the argument of any cause in this
Court. It 11ll be expected that the Counsel engaged in such
causee furnish the Court with the material points, in writing.
RULE 4th. No Record of the Court shall be suffered by
:he Clerk, to be taken out of his office but by consent of Court.
RPI.LE 5th. In every cause in which the defendant shall fail
to appear, the plaintiff may proceed "ex parte"
RiLE 6thl. If the defendant shall refuse to plead to issue,
and the cause shall be called for trial, tie Court may proceed
io hear an argument on the part of the plaintiff, and give
judgment according to the rights of the cause.
RULE 7th. When it shall be made to appear to this Court,
that an appeal has been prayed and allowed in a Court be-
low, and that the same has not been brought up and placed
upon the docket as the law requires, the same shall be an-
nulled on motion, and the judgment of the Court below, shall
proceed to execution as if no such appeal had been allowed.
RULE 8th. Whenever, pending a suit in this Court, either
party sliall lie, the proper representatives in the personalty
or really if the party decedent, may voluntarily come in and
be made party to the suit, and thereupon, such suit shall be
determined as other suits; and if such representatives shall
not voluntarily become party, then the other party may

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suggest the death on record: whereupon, on motion in writ-
ingr, he may obtain an order that, unless such representatives
shall not voluntarily become party, then the other party may
suggest the death on record : whereupon, on motion in writ.
ing,, he may obtain an order that, unless such representatives
shall become party within the first three days of the ensuing
term, he shall, if defendant, be admitted to have the suit dis-
missed, and if the plaintiff [a hearing being had] to have the
judgment reversed if erroneous; provided, that a copy of
every such order shall be printed in some newspaper at the
seat of Government, for three successive weeks, beginning at
least sixty days before the first day of the term of the Court
of Appeals, then next ensuing.
RULE 9th. No cause shall be heard, until a complete re-
cord shall he filed with the Clerk of this Court, containing
in itself, without reference aliunde," all the papers, exhibits,
depositions and other proceedings, which are necessary to a
hearing: in this Court.
RULE 10th. In all cases in which a writ of error, or ap-
peal, shall appear to have been sued out, merely for delay,
damages shall be awarded under the statute, not exceeding
twenty per cent.: but in cases where there exists a real con-
troversy, the damages shall be only at the legal rate ofinterest
Rt-LE 11. All parties in this Court not being residents of
the territory shall -ive security for the costs accruing in
this Court to be entered of record.
tRULE 12th. If the Clerk of this Court shall produce satis-
factory evidence by affidavit, or the acknowledgment of the
parties, or their sureties, of his having served a copy of the
bill of costs due by them respectively in this Court, on such
parties or sureties, an attachment may issue against such par-
ties or their sureties, to compel payment of such costs.
RULE 13th. Only two Counsel shall be heard on either
side of a cause, unless by special permission of the Court.
RULE 14th. Whenever it shall be necessary or proper, in
the opinion of any Judge of a Superior Court, that original
papers of any kind, should be inspected by this Court on ap-
peal, such judge may make such rule or order, for the safe
keeping, transporting, or return of such original papers, a
to him may seem proper, and this Court will receive and
consider such original papers in connection with the trans-
crint of the proceedinc-
IRULE 15th. No certiorari unon a sue-aestion or a diminu-

'ion ot the record, shall be ordered in any cause, unless a
-iouon snall be maue therefor in wxritiiz., -ettine forti tie
'Icts upon wnich the same is found. which. itfnot admitted by
::e omier party, siall be verified by nicidavit: aid ::ii icn
i:otions shall be made at the terms at which the cause is sent
-) to this Court. otherwise they shall not be granted. unless
ipon special cause snown to the Court accounting tor the
.elav.
RULE 16th. la ail causes broui-ht up to this Court, it
.,ail be the duty of the plaintiff's Counsel to assign errors, or
rile exceptions, as the case may be, and he shall not bp ner-
mitted in argument to discuss any otrier matters on the re-
-ord. save those included in the bill of errors, or exceptions,
filed.
RPULE 17th. Immediately after the opening" of Court on each
;iay and before argument, the Court will entertain motions.
RULE 18th. [Adopted by the Court of Appeals, January
Term, 1837.] That in all cases brought into this Court. by
appeal, writ of error, or otherwise, either party shall be ad-
mitted to apply for and receive from the clerk of this court, a
copy of the record, the costs of which, shall abide the event ot
-he suit, and be taxed as other costs in the case.

RULES

DOPTE.D !8Y THE COTI-T OF APPEALS

"'OR THi

iOVERNMIENT OF THE PRACTICE

iN TIir.

SUPERIOR COURTS OF FLORIDA,
JA'LNU'ARY TIERMI. 1S;!3.
SSec. Be it it:,hcer enacted, That the said Court of Appeals shall
.ave power. nnd it shall be iis duty. to mai; e all necessary rules for tile
:egulation oi the Superior Courts, as w, it : or tbrhe Court of Appeals."-
ict oi the Lcgiylative Council. qoprirve Feb. 10, 1632.
TERRITORY OF FLORIDA: CoURT OF APPEALS:
IT.:i OF T'ALLAHA1 SEE : JanULary Term, 1I3S.
Present:
The Hon. THOIRATs RANDALL,
Judge of Middle Florida, and President of the Court.
The Hon. JOHN A. CAMERON,
Judle of West Florida.
The Hon. ROBT. RAYMOND READ,
Judec of East Florida.
Tro. ESTON RANDOLPH, Marshal.
JAMES S. LINN. Clerk.
Judge WEBn. of the Southern District, was prevented from at-
tending the Court by unavoidable circumstances.

LAW DEPARTMENT.

I. ALL Inquisitions and Recognizances shall be return-
ed as soon as practicable after they are taken, to the Clerk of
the Superior Court, where they are properly returnable ; and
the Clerk of the Court shall transmit the same by the first safe
conveyance (the mail excepted) to the District Attorney.
II. All Recognizances by order of Court, shall be'taken
and entered of record by the Cleik, under the direction of
the District Attorney.
III. The usual forms of receiving bills and arraigning
prisoners, shall be observed in the Courts.

IV. IVhe right of concluding a criminal case belongs at
the District Attorney. bu: cannot be delegated by him tc
another person.
V. If defendants utider recognizance fail to appear when
the Criminal Docket is under consideration and their cases
called in order, their recognizances shall be estreated and
forfeited.
ATTORNEYS AT LAV.
VI. Persons making application for admission to the Bar.
shall apply by petition to one of the Judges of the Superior
Courts, presenting with the said petition, evidence of having
attained the age of twenty-one, and olf ood moral charae-
ter ; if the application be made in vacation, the Judge shall
at a convenient season, thoroughly examine, at his chamber,
the said applicant, and if found qualified, the Judge shall
cause him to be duly sworn in, and shall issue to him a Li-
cense, in the following form :
At Chambers. cav o;' 1-
To A. 1. Esquire
THESE are to permit vou to practice.
as an Attorney, Counsellor and Solicitor, in the several:
Courts of the Territory of Florida. C. D.
Judge S. C. D. Florida."
Which said license shall be recorded by the Clerk upon tht
minutes of the Court, and then delivered to tme Attorney
and the said Clerk may, i' required, issue to said Attorney
at Law, the following commission, for which he may charig
and receive the sum of five dollars.
"TERRITORY OF FLORIDA.
KNOW ALL MEN by these presents, that
A. B. Esquire, having made application to plead and prac-
tice in the several Courts of this Territory, and the said A.
B. Esquire, having given satisfactory evidence of good moral
character, as the law directs, and having been duly examined
touching his knowledge of the Law, and found well qualified
and skilled therein: He was admitted to all the privileges of
an Attorney, Solicitor and Counsellor at Law in the several
Courts of this Territory.
IN WITNESS whereof, tile residing Judgf
hath hereunto set his iand, with tie seal of tra-
Court annexed, thi aav o:
the year IS C. -.
E. F, 'Clerk; Judge S. C. Din. Florida

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If the application be in Term, the Court shall appoint two
members of the Bar to examine the applicant, and shall ad-
minister to them the following oath: You and each of you,
do solemnly swear that you will, well and truly, examine J.
B. touching his qualifications as an Attorney and Counsellor
at Lati and Solicitor in Equity, aud that you will faithfully
report the result of such examination to the Court. So help
Jyou God !" And the said examination may proceed in open
Court, or be conducted in private, at the election of the exam-
ining Committee; if the report of the Committee be favora-
ble to the applicant, the License and Commission shall issue,
as aforesaid. Though the above shall be the usual course of
proceeding, nothing herein contained, shall prevent the Judge
from alone conducting the examination in open Court, or ap-
pointing a committee to examine in vacation, should the said
Judge think proper to do so.
VII. A license such as is described in the foregoing rule,
or a certificate under the hand and seal of the clerk of one of
the circuit courts of the United States of admission to prac-
tice in said circuit court, shall be sufficient to admit the party
applying, to appear in any Superior court of the Territory,
as Attorney or Solicitor-but the license or certificate must
be first recorded as the law directs.
VIII. The oath of the applicant for admission to the bar,
shall be as follows: I, A. B. do solemnly swear, that I will
support the Constitution of the United States. I do further
swear, that I will honestly demean myself in my profession,
and exercise the duties thereof to the best of my skill and
abilities, so help me God !"
IX. No Attorney or other officer of court shall be taken,
as bail in any criminal case, or as security in any appeal,
writ of error, or other proceeding.
X. It shall be the duty of every Attorney to address the
court from his place at the bar.
XI. No consent between counsel can be enforced by the
court, unless reduced to writing and signed by the parties to
the consent.
XII. There shall be hut one Attorney on record for each
party in a cause (except in the case of a law-partnership), but
there may be as many associate counsel as either party may
.N B. The rules for the admission of Atttornyt, have no relation to applioa.
i ons of tttormeys ]rom Alaboma and Georgia, under the act of the twentieth
of Jvember, 1829.

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see fit to employ; and the Attorney on record shall in all the
pleadings and proceedings sigh his name to the same, or au-
thorise some person to sign for him.

CLERKS.
XIII. Every clerk shall keep a separate book, to be called
" The Memorandum Book," in which he shall carefully trans-
cribe every precise or memorandum, or other direction to
issue process, or writs of attachment.
XIV. The clerk shall keep the following dockets, full
copies of which shall be furnished by him to the bar, which
shall be called "bar dockets" in contradiction to "bench
dockets"-and the bench dockets shall not be subject to the
inspection of the members of the bar, or other person, while
the court is in session, viz :
1. THE COMMON LAW APPEARANCE DOCKET: Contain-
ing the cases brought to each term.
2. THE COMMON LAW TRIAL DOCKET: containing all the
cases standing for trial, and the entries made therein upon the
appearance docket.
3. A MOTION DOCKET: upon which shall be placed all
motions which are not of course and which are litigated-and
no such motion shall be heard, unless in its order upon said
docket.
4. A SHERIFF'S REPORT DOCKET: containing all illegal-
ities and claims.
5. A CRIMINAL DOCKET.
6. A DOCKET OF APPEALS AND WRITS OF CERTIORARI.
7. AN EQUITY DOCKET.
8. A DOCKET OF LAND-CLAIMS,
9. A SUBPOENA DOCKET.
10. A JUDGMENT AND EXECUTION DOCKET.
11. A DEAD DOCKET: on which shall be placed all cases
wherein the plaintiff or defendant or both are dead.
XV. The clerk shall also keep a book of fines, in which he
shall enter the amount of fines-the time at which it was im-
posed-the amount paid and iwhen, and the disbursement of
the same.
XVI. The clerk will strictly observe the regulations con-
tained in the 59th section of the act regulating judicial pro-
ceedings, approved 23d November, 1828 ; and in addition to
the provisions of the said 59th section, it shall be the duty of
the clerk, on receipt of any deposition to be read in evidence

-n tile trial of any cause, whether said deposition have been
_"ken under a commission or otherwise, immediately, if depos-
'ed in due form, to break the seal of the envelope and endorse
,)n the said envelope, tile title of the cause, and the names oi
-he witnesses whose depositions have been taken, together
vith the date of the time when the commission issued, and
when it was returned to the clerk's office-which packet so
endorsed, it shall then be the duty of the clerk to place on
iile, among the pleadings of the cause.
XVII. The clerk shall make upon his minutes, a note or
statementt of all documentary evidence read on any trial: if
leeds or other instruments ofwriting-rhe names of the par-
ties and date ; if depositions-the names of deponents and
late of their depositions :-and shall endorse upon every
plea, or exhibit in a cause, the time of filing the same.

INTERROGATORIES.
XVIII. All objections to the execution of the commission
for taking interrogatories, or to the manner in which deposi-
tions are taken, shall be made and disposed of, before the
parties go into the trial of the cause.
XIX. All objections to interrogatories or the form in
which they are conceived, must be assigned in writing by the
v'ross examinant before tile depositions are taken.

MOTIONS AND NOTICES.
XX. All notices require by the law or by these rules, shall
be in writing [unless when otherwise directed] and affidavits
of the service thereof, will be required by the court, if said
service be denied by the opposite party-and not otherwise.
XXI. All motions arising in cases upon the appearance
docket, and all demurrers shall be argued when the cases are
called on the said docket, but the court may in its discretion,
continue said motions and demurrer for advisement, and order
them to be placed on the motion docket.
XXII. The first hour of the session of the court on each
day, after the first day of the term, shall be occupied in the
consideration of the motion docket; unless the court shall
think fit to direct otherwise.
XXIII. Notices to produce books and papers must be
given ten days at least, before the case is called for trial; but
the court must be satisfied that such books and papers are

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material in the cause; and that the notice was not given for
delay. If a nonsuit be ordered because the plaintiff does not
comply with the notice, or a judgment by default be entered
in case of non-compliance by defendant-the said nonsuit
may be set aside, and the case reinstated, in the event of the
production of said books or papers during the term ; and the
said judgment by default may be set aside at any time during
the trial; provided, the defendant has complied with the no-
tice. All such notices shall be made known to the court and
insisted upon, before the parties go into the trial of the cause;
otherwise, they shall be considered as waived and dispens-
ed with.
XXIV. Upon all motions and rules to show cause, the
party showing cause or objecting to the motion, shall com-
mence and conclude. And no motion, not in its nature expar-
te. except those made for the continuance of causes when
called bfr trial, shall be made in any cause, without reasona-
ble notice served on the Attorney for tile opposite party.

NEW TRIALS.
XXV. Ifno motion be made for a new trial, or in arrest of
judgment, within four days after a verdict rendered, final
judgment thereon shall be entered; but if the court should
be about to adjourn, before the expiration of the said four
days, such motion must be made and submitted for argument,
before the adjournment of the court. And when the court
shall aajourn alter any jury trial, before the lapse of the said
four days, the judgment shall be entered as of the same term,
at which the cause was tried, and in no case, unless for spe-
cial reason, delayed until the next term.
XXVI. No motion for a new trial shall be made, unless
due notice thereof shall be served on the opposite party, with
a statement of the grounds on which it is intended to make
the motion.
XXVII. The court will grant new trials in all cases tried
by a jury, wherein the verdict is against law or evidence, or
against the manifest weight of the evidence, or where there
has been any material mistake, or misconduct of the ju-
ry; or where the damages awarded by the Jury, are
grossly excessive, and in the opinion of the court are unrea-
sonable; or where the party applying for a new trial, alledges
and shewn by affidavits the discovery of new and material
evidence, which he was not aware of. and could not produce
at the trial.

i1

XXVIII. In all cases of new trials granted, except where
the verdict is alamnst law or evidence, the costs of the former
trial shall be paid instanter by the party obtaining the new trial.

ORDER OF BUSINESS-PLEADING-PRACTICE.

XXIX. The court shall call its Dockets of cases for trials
twice at each term, if time allow thereof.
XXX. When a case is called in its order, the same must
be tried, continued or dismissed, but by consent, the cause
mav be placed at the foot of the docket to be again called :
if there be time for the second calling of the docket, and if
there be not, to be continued. [CI The second calling must
be peremptory.
XXXI. Parties must be prepared to proceed within five
minutes after the case is called in its order, otherwise, the
court may dismiss the case, or rule the defendant to a trial,
as sound discretion may direct.
XXXII. In all cases where application is made for con-
tinuance, [unless on the ground of a sudden and unexpected
emergency] the party making the application must have his
affidavit prepared and ready to be read, on the calling of
the cause.
XXXIII. The plaintiff shall, in no case, be compelled to
submit to a non suit-if he be in a condition to demand and
proceed to trial; but if he desire to submit to a non suit, he
must do so before the jury retire or commence their t. 2libera-
tions on their verdict.
XXXIV. The plaintiff may at any time discontinue his
cause, on entering such discontinuance in the clerk's office,
and paying all costs.
XXXV. The time for calling the criminal docket shall be
announced at the opening of the court, on the second day of
the term, and the said docket shall be called at the time ap-
pointed, in the same manner and order as the civil trial doc-
et is called.
XXXVI. All Declarations must be filed on or before the
first day of the term; and all Pleas, Answers or Demurrers,
on or before the calling of the Appearance Docket, on the-
last day of the term.
XXXVII. All issues may be made up when the cases are
called for trial, but when a demurrer is filed, notice thereof
must be given in time, for joinder therein, before the appear,
unce docket shall be called.

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XXXVIII. The mere entry of the name of the Attorney
for the defendant, shall be equivalent to the filing of the gen-
eral issue, at the first term-but if no plun be filed on or be-
fore the first day of the second term, with notice thereof to the
plaintiff's attorney-the plaintiff may enter his judgment by
default, for want of a plea.
XXXIX. If the plaintiff fail to file his declaration on or
before the first day of the term, the next shall be considered
the appearance term, and if the declaration be not filed on or
before the first day of the next or second term, the case shall,
on the calling of the appearance docket, be dismissed.
XL. No default shall be opened, without the payment of
all costs that have accrued, and pleading instanter to the
merits of the action.
XLI. No amendment of the pleadings shall be allowed af-
ter the case has been submitted to the jury. The case shall
be considered as submitted, after the plaintiff shall have read
the declaration in the cause.
XLII. All amendments of mere orm shall be ordered in-
stanter and without prejudice to either party. Amendments
affecting the merits of a cause, may be ordered at the discre-
tion of the court, upon payment of costs, and on such terms
as the court may think proper to impose; but where a sub-
stantial amendment is made, the opposite party may continue
on motion.
XLIII. In all actions where the general issue may be
pleaded, and the defendant thinks proper to plead the same,
he may, instead of additional special pleas, give notice in
writing of any special matter which he intends to give in evi-
dence on the trial, subjoining such notice to the plea of the
general issue, and to which notice no replication shall be ne-
cessary; and the said notice shall form a part of the record in
the cause, but the defendant in all cases, may plead as many
special pleas, though inconsistent with each other, as he may
deem fit.
XLIV. If a demurrer to any declaration, or any count in
a declaration be over-ruled, or the prayer for leave to plead
further by the defendant, such leave will be granted, only on
payment of costs, and on terms of pleading issuably instanter,
and going to trial at the same term of the court, if the cause
by due course of law be triable at that term, if not, at the en-
suing term. If the demurrer be sustained, the plaintiff shall
have leave to amend, on payment of all costs, but in that case

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the defendant shall not be compelled to go to trial until the
next term of the court. In the case of a demurrer to any
other pleading in a cause, on the decision thereof, the court
will make such order, or give such judgment as law and jus-
tice shall require.
XLV. Suits may be brought by a plaintiff for the use of
another person named in the process or the pleadings.
XLVI. Where documentary evidence is introduced in a
cause it shall be forthwith filed with the clerk, and considered
in the custody of the court. Such papers as belong of right
to the party may be withdrawn upon cause shown in the pro-
gress of the suit, or after the case is at an end, on motion and
by order of court, upon such terms as the court may prescribe.
XLVII. In all examinations of witnesses, the party intro-
ducing the witness shall first examine him, and after the cross
examination by the opposite party, and a re-examination by
him taking the witness, the examination shall cease, unless by
special permission of the court. Only one counsel on each
side, shall conduct the examination of witnesses, but the court,
on application, may allow counsel to relieve each other, in the
course of a protracted examination.
XLVI1I. Only one counsel shall be heard in conclusion.
When the defendant introduces no evidence he is entitled to
the conclusion. In cases of claim, the plaintiff in execution is
entitled to the commencement and conclusion, except where
the claimant introduces no evidence.
XLIX. Where a party applies for a continuance on the
ground of the absence of a witness, it must be shown by affi-
davit, that the witness has been duly served with a subpoena,
or a satisfactory reason assigned for the omission; that he
is absent without the consent of the party directly or indirectly
given; that he resides in the county where the suit is pending,
or if out of the county, good cause must be shown for not taking
his deposition; that the testimony is material; that the applicant
expects to procure said testimony at the next term; that the
application is not made for delay only; and the party must
further state the facts expected to be proved by said witness.
L. The court will in all cases, in its discretion, for good
cause shown on a trial, order a juror to be withdrawn-and
in such a case the cause shall be continued until the next
term, unless the parties agree, with consent of the court, to a
trial at the same term.
LI. The counsel on either side may except to any decision

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made by; the court during the trial, on tile admission or re-
jection of evidence, or on any point of law, and may also ex-
cept to any opinion riven in the judge's charge to til jury.
and may request the judge to charge the jury in any particu-
lar manner on a point of law, and if the request be refused or
neglected, an exception may also be taken to such refusal or
neglect.
LII. Whenever any exception is taken to any decision
made, or opinion given by the judge, or to his refusal or
neglect to charge the jury as requested, the counsel taking
the exception, shall hand to the judge a note thereof, and pray
the same to be entered on the minutes ; after which, before
the adjournment of the court, if there be time, the bill of ex-
ceptions shall be drawn up in form, and the original or a copy
thereof delivered to the counsel of the opposite party, who
shall have reasonable time to suggest amendments to the
same, and if the counsel on both sides cannot agree on th-
amendments su rested, both the bill and the amendments shall
be submitted to the judge for Iis correction, and when com-
pleted, it will be signed and sealed by the judge and delivered
to the party obtailini it, and by him filed in the clerk's office,
where it shall bfrm a part of tle record in the case, in the
event of writ of error or appeal; but no bill of exceptioni-
shall be filed if not drawn up, completed and signed within
thirty days after the adjournment of the court.
LIII. Previous to the entry of final judgment in any cause,
the clerk shall make out a bill of thygosts, or the attorney
for the party entitled to the judgment, may make out the bill.
with the aid of the clerk, and the bill or a copy thereof, before
taxation, shall be shown to the attorney for the opposite par-
ty, and if any objection to it be made, it shall be submitted
to the court for correction, and be finally taxed, when the
amount of it shall he entered of judgment, either as ibrming
a part of the judgment in the cause, or for the costs alone an
the case may require.
LIV. Whenever costs are awarded on any proceeding in a
case, whether setting-aside defaults, over-ruling demurrers,
or motions, or granting continuances, they shall be paid in-
stanter, or if not paid, judgment shall be entered for them, on
motion, and execution may issue on such judgments. as in
other cases.
LV. Whenever anv cause is discontinued by order of iir
court, for want of due prosecutionl. judgment thereon a;s i.

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case of non-suit or non-pros, as the case may require, shall be
immediately entered by the clerk for the costs after being taxed.

The Judges of the Court of Appeals have adopted the
foregoing rules for the government of the practice in the sev-
eral districts of Flordia. They do not believe the system
presented to their brethren of the bar is a perfect one, but
they entertain the opinion, notwithstanding, that it is better
than no system at all. It will be their duty hereafter to re-
vise these rules-to expunge such as may prove inconvenient
in practice, and to add others which their own experience,
ind the learning and intelligence of the bar, may from time
to time suggest.

AN ACT

For the relief of James M. McIntosh.

WHEREAS it has been satisfactorily proved to this
Legislative Council, that Elizabeth Mclntosh who before
her intermarriage with James M. Mcintosh, was named Preamble
Elizabeth Aikin, has violated her conjugal fidelity to her
said husband, then being a resident of Monroe county
Sin the Territory of Florida, in a most public and shame-
ful manner ; and whereas the said James M. McIntosh
has'petitioned to be divorced from his aforesaid wife.
Therefore for the relief of the said James, M. Mcintosh.
Be it enacted by the Governor and Legislative Council
if the Territory of Florida, That the marriage contract
f the said James M. McIntosh and Elizabeth McIn-
tosh formerly Elizabeth Aikin, be, and the same is, James M.Ae.
SInt,,sh, & wifb
hereby dissolved and annulled; and the said James M. divr,.ced, a\in
Mclutosh and Elizabeth McIntosh formerly Elizabeth c"0o matrim-
Aikin, are hereby absolutely divorced from the bonds """
!of Matrimony as fully, absolutely and entirely, as if they,
the said James M. McIntosh and Elizabeth McIntosh,
formerly Elizabeth Aikin had never been married.
Passed October 16th, 1828.
PETER ALBA,
President of the Legislative Council

TIIOS. MUNROE, Clerk.

A!;:rov'rd Ociol,-r St/, 1829.
VWM. P. DUVAL,
C-ovroi-ri of thi Tcrritoy- of Florida.

AN ACT.

To establish the scat of Justice for the County of'

Jaclson.

it bJaekson Sc. 1. BC it claclcd by the Gmcrnor and Lgislatire
county esitr- Cauncil of the Terrilory of Florida, That from and af-
lished at Marl- ter the passage of this act, that the Town of Marianna
in tle County of Jackson shall be and is hereby establish-
ed as the seat of Justice for said County, and that the Court
House of said County shall be erected upon the public
square of said town, and until the said Court House
shall be erected, the Superior and County Courts for
said County shall be held at such place in the said town
of Marianna, as the respective Ministerial Officers of
Proviso. said Courts shall deem most convenient : Provided that
the owner or owners of the public square, and lots num-
bers ninety one and ninety two in the said Town of Mari
anna shall relinquish and convey on or before the first day
of January next the said square and lots to the herein
after designated Commissioners for the use of the said
County.

Sec. 2. Be it further enacted, That John G. Smith,
CoimmisFion- James W. Exum, Geo. Portress, John P. Lockhart and
ersf public Joseph Russ, be and they are hereby appointed Commis-
buildings In a-
med. sioncrs to contract for and superintend the building of a
Court House for said County, on the public square of
the said Town of Marianna, and a Jail in such lot in
said town as shall seem to them most convenient, and
to locate a the said Commissioners are hereby further authorised
quarter see- to locate and enter the quarter section of land to which
tinn oflanl the County of Jackson is entitled by law, end to sell and
and iell the
s!meite dispose of the same, at public auction on the first Mon-
day of Ji:!t:arv next, on the public square of said town,
to the highest Lidde:, giving four weeks public notice of
said sale by Advcrtise:-c.t ini one of ;he public News-
papers printed at the City of Tailahascec, and apply the
ftund arising from the s.le of the said land, towards the
e:-'ctioli cf the pubhie buildings.

,'c. 3. Be it further cna(Ied, That the said Commis-
,inr(sC, be and thev are hereby vested with full power
a:! :--:hority to ask, denia:n, receive, sue for and col-

(3)

.ct (1 monieis due their predecessors, to wvit, James toreeive ai
L.1t all C.C.. n1es due
\\e,, C. C. Nichols, William Patterson, Arthur Foster fi, nr cin.
Imi Corc .lJackson by subscription or otherwise, and missioners.
the ilallne to be applpropriated to the sole use of crecting
::id publlic )uildinuA
Sec. 4. Ie i further nactled, That the said Commis-
sloners siall on the firm-t monday in January next, give Time& mrn
,,ut the said public building t to te lowest bidder at pub- nrofle"ting
u-C onout public
l'c out-cry on the l linlrc of the said town and to do all buildings:
cthlir act or acts, deed or deeds, that may be required
inl otlcr tooc anrry il oand (rect said public buildingg, to
illa :w otll tlie plan or plans themselves and pursue the
,,,,'t econmical course towards finishing said buildings,
:iil to have the same finished and completed as early
iind in such manner as to them shall seem most conven-
ient and just.
Sec. 5. And be it further enacted, That the said Coin-
in issioners shall give bond to be approved of by the Judge e alal iv
uf'lhe County court of said County with security in the bond
penal sum of five thousand dollars, conditioned for the
faithful discharge of the duties imposed upon them by
i Itis act, and the said commissioners shall account to the
said county court for the disbursements of all monies,
and shall be allowed such compensation for their servi-
ces as the said Court shall deem just and reasonable.
Sec. 6. Be it further enacted, That the act entitled shallaceouct
"an act to establish the site for the Court house and oth- to the county
er public buildings for Jackson County, passed January court,
16th 1827, and approved 20th January 1827 and also
the act entitled "an act to amend an act entitled an act
to establish the site for the court house and other public
buildings for JacksonCounty," passed January 18th, 1828, Repealing
and approved January 19th 1828, and allother actsand sect
parts of acts, inconsistent with the provisions of this act
be and the same are hereby repealed.
Sec. 7. And be it further enacted, That this act shall Time of oper
be in full force from the passing and approval of the action.
SRline,
Passed 20th October 1828.
PETER ALBA.
President of the Legislative Council.
THOMAS MUNROE, Clerk.
Alpproved, 20/h October, 1Q28.
WM. P. DIUVAL.
Governor of the Territory of Floridla.

(.1)

AN ACT
To amend an act, entitled, an act concerning Divorces
and Alimony.
Be it enactcd by the Governor and Lcli.::ative Council of
the Tcrritory of florida, That so muchl of the act, to
No statld p which this is an amendment, as requires a residence of
iod of i-sa twelve months in this Territory to entitle the party up-
rv to entitle a plying for the same to the benefit of said act, be and the
arty to the same is hereby repealed, and that from and after the
benefit of thiB .
nx passage of this act, no particular period of residence
shall be required, provided the party or parties petition-
ing for the same shall be actual residents of this Ter-
ritory.
Passed 21st October, 1828.
PETER ALBA,
President of the Legislative Council.
TIIOS. MiUNROL, Clerk.
Approved October 22d, 1828.
WM P. DUVAL,
Governor of the Territory of Florida.

AN ACT

To declare the Chipola River a navigable stream, and
for other purposes.

Ci.ipoa river Be it enacted by the Governor and Lecislative Council
a navigable ofthe Territory of Florida, That the Chipola River is
tr'L"m hereby declared, and hereafter to le recognized in law
as a navigable stream as far up as the natural bridge on
said river.
Sec. 2. Be it further enacted, That Henry L. Revier,
Commission- Robert Beveridge, James S. Murphy, Thomas Russ,
ers appointed.
Their dutis Jacob Robinson, Isaac llort and John .Hopson be and
r--d powers they are hereby appointed commissioners, who, or a ma-
jority of them shall have full power to direct and super-
intend the opening of the Chipola River, as far up as to
them shall seem necessary, and thev are hereby declar-
ed to have full power and authority to do and perform
all acts and doings that shall become necessary to effect
the same, and to ask, demand, receive, sue for, in their
own name jointly as comiiission:er- of the said Chipola

is5)

River, all sums of money that may become due and
owina to said commissioners, whether by subscription
Jr otherwise, and appropriate the same to the sole use of
e!earinz out the said River.
ec. 3. Be itfurther enacted, That every person sub-
ject by law to work on public roads, who lives within
five miles of said River on either side from the natural
bridge down, shall by the commissioners aforesaid be jet bylaw to
made subject under their direction to work six days in work on the
cach and every year, in opening and clearing out said road, sahaj
-. .. work on the'
river, and every person being within five miles of the ri- river in clesr-
ver aforesaid, made subject to work on the same by this ing out the
act, shall incur the same fine, to be recovered in the same same.
manner by the commissioners, as, persons subject to
work on roads failing therein, and -subject to and to be
applied when collected to the purpose of opening and
clearing out the said River Chiola.
Sec. 4- Be it further enacted, fiat _he commission-
ers, or a majority ofthem are hereby authorised to raise
by way of lottery, the sum offive thdiala'dollars for the Commission-;-
era authorize
purpose of improving the navigatiorilf river on such to raise fiu
clhe.me, as they may deem most expediet which shail by lottery.,.
be applied to the purpose aforesaid, in such ~alauner, as
the said commissioners rdaj,deem most,advigable, or as
ihe commissioners, or a majority ofthem may adopt.
Sec. 5. Be it further enacted. That the said commis-
sioners shall on the first dayf offanuary in each and ev- commission
ers to maki;,
cry year make a correct return to the county court of retmtrn t,
all the funds arising in the manner as aforesaid, or in a- county ..-0
ny manner received by them for the purpose aforesaid,
as well as all the monies paid out and expenses incurred
for the use aforesaid, .
Sec. 6. Be it further enacted, That the said commis-
sioners before they enter on the duties aforesaid shall Sll take an
take an oath before some magistrate, or judge.' 6f the.
county court, honestly and faithfully to discharge qb du- And pay over
ties required of them by this act, and tp pay over to the all monies that
county Treasurer all sums of money that may not be may not be
appropriated to the use aforesaid after the opening an disbursed
clearing out of the said creek, if there be any, to be
hereafter appropriated to the use of the said navigation,
when called for by the said commissioners, or their sue-
:essors in office.
Sec. 7. Be itfjrther ciacted, That the said commia-

sioneOrs before( they enter upon their respecting dit, ies 0
To ric bond commissioners, shall give bond and security to tll
inii he sum of county court of Jackson county, to be approved of hy
$1I.Uu0. tie said court in the penal sum of ten thousand dollar-,
Condition. conditioned for the faithful performance of the duties re-
quired of them by this act.
See. S. And be it further enacted, That this act -hali
Time of opc- be in fill force from and after its passage.
"'o- IPassed 25th October, 1&28.
PETER ALBA,
President ofthe Legislative Council.
TIIOS. MUNROE, Clerk.
4pptrored 27th October 1 28,
WM. P. DUVAL.
Governor, oFt'- T-';r:itory oflFlorida.

AN ACT

To amend an ael ecitled an act to define the bomuliar
lines of Eisc:imbhi Walton and Jackson Countie-_.

Be it enactdd bi t1h Governo; and LegisJaiir. Couni
of the Territorq of Florida, That Jackson County shua
be comprelended within a line on the ,West, correslspoi-
l;nma,:larif of ding with the Eastern )iundary life of W\ashin-gto:r
.I,, on, c,,,;- county, and on the North by the boundary line of tht.
State of Alabama, to where the same intersects t li
Chatahoochy River, thence down the channel of said
River, and that of the Apalachicola to where Ilh basi-
parallel line crosses the same, thence WVest a;ong said
line to where the same is intersected by the Ranre line.
diividing the tenth and eleventh Ranges, thence north .
along said Range line to where it is crossed by the town-
ship line dividing the first and second townships, thecnll
West along said township line to where the same i-
c'ossed by the Range lie l dividing the t-welfth and tenth!
Ranges, thence Northwardly the most direct coneu-sc t:
Oaky Hill leaving the settlements at the sanme. in1 Wash-
i!)ntona county from thence along the Eastern iouind:i
I a. of % a: iliin2'ton county t h the !ine of the statI. oi' A:-
a m'
Sep. 2. ,l i it h if r rna't! ,. T anut ;Ii ta; rt trnt .
'ch rt. -vi p!'P p::'1 ."*': s-cO li \"-' "x *;ic -''n.itf,

.rnd w,-tern boundary lines of Jackson county and Fast
th: e Eiistern boundary line of Washington county that IouIndaries or'
-E not b elcni' to the said cnlintv, shall from the passin \w:"m!-,an
,:; is act he attached and belong to the said county of c"""'y.
IVa;ihiington any tbrmer law to the contrary notwith-
-ran ind '.
:eec. 3. And be it further enacted, That the third sec-
"zon of the act to which this is an amendment, be andi ,",g
I;e s-iame is hereby repealed.
Passed 25th October 182S.
PETER ALBA,
President of the Legislative Council.
TIIOS. MUNROE, Clerk.
Approved October 29th 1S28.
WM. P. DUVAL,
Governor of the Territory of Florida.

AN ACT.

To incorporate a Company to be e&itlcd the Madison
County road and Navigation Company.

Hr it enacted by the Governor and Le,.ishttire Covnceil
O. the 7'trritory of Florida, That Wilitam Buiiv, Will-
i in Iiollin'sworth, John Bellamy, Daniel Bell, William .Madison
0'ollt v road
Bellamy, William Hollingsworth, and Abraham Bellamy ,,n, igaiou
and such other persons as they my receive iito their company m-
comupany, their heirs, successors and assigns shall forever curpo~ated
be a body. corporate, and politic by the name and style of
the Madison County road and Navigation Company; and
bv such corporate name shall be capable in law to buy,
purchase, hold and sell real and personal estate, to re-
:en ie donations and make contracts, sue and be sued, Prov-io.
plead and be imnpleaded, to make and execute bye laws :
Provided, the same are not contrary to the laws of the
Territory and of the United States, to have a common
real, and alter and renew the same when they may deem
it necessary nnd to do all lawful acts incident to a corpo-
ration, and which uiay be necessary and proper for the
convenient tram-action of its aftairs.
See "2. Be it rtflher enacted, That the said company "Oio, t an't
hall annually hold an election at such times and under ;t aDi-
-nuch regulations and restrictions ais thev may in their bye rector
:a'- vpr''crib, for a iPre'ident and ;.s many director:: as

(V)

shall be required for the management of their business,
the number of which Directors to be previously deter-
mined on, and declared in their bye laws. And the said
President and Directors when elected shall have the
Their powcr. power to appoint such subordinate officers and agents aF
may be necessary, and at any time to dismiss them from
office for improper conduct and be capable of exercising
such other powers and authorities for the well govern-
ing and ordering the affairs of the company as to them
shall appear conducive to its interest.
Sec. 3. Be it further enacted, That the stock of said
Stock sha be company shall be laid out into as many shares as they
laid off into may think proper, and the votes of each stockholder shall
shares. be according to the number of shares he may hold to be
regulated and agreed upon by said company, and made
known in its by laws.
Sec. 4. Be it further enacted, That the said company
shall have the right to make and establish a road suffi-
The companyP cient for the transportation of produce, goods and all oth-
ha1I have thei
rightto m"" er articles whatsoever, from the Withlacoochee river to
a road ac. the head or fork of a, creek called by Vignoles, Hatchv
lollawaggy, and now known as Cabbage creek, and t,
this end may commence said road at any point upon il
said Withlacoochee river or on the Georgia line near
said river, which.may be b@st suited to the accomplish-
ment of their object, and pursue such courses and direc-
tions with the same as may be deemed most advantage-
ous by the President and DireCtors of said company.-
The said company shall also have the right to clear out
and make said creek sufficiently navigable for the trans-
portation of produce, goods and all other articles what-
soever, in small crafts or boats in ordinary seasons from
the point where said road intersects said creek to the
Gulf of Mexico.
President ai. Sec. 5. Be it fusther enacted, That in constructing
l)lrectus au- said road, or making navigable said creek it shall and
h~or .s'd to e2-
t'rlads 1 i nay be lawful for the President and Directors of said
comp imy or any other person appointed by them, to en-
ter upon and take possession of any lands whatsoever,
whether covAlerd with water or not, which may be ne-
cessary ibr -ih. pro!-nctii;:.n ad coiplu:1tin the woril.-
contemnplate'! i,, thil- aCt. or whheretlpoli it amy be iwno--
Fary to straigntoc saiid creek by a canal from point to
pr.uilt. or io con trutt, and en.z an, luckl. dke- e;m-

'ai nk r'nts, dams and other works intended or implied by
thiis act.
Scc. 6. Be it frrthcr enacted, That it shall be lawful for To make ire
i6e President and Directors of said Company, or any of timber &e.
ether person appointed by them to take from any lands
most convenient to said works at all times -:Ai- timbers,
stones and other materials, as may be necessary for the
cfrcting and repairing the same: Pr-vil, .1, that, in all P'rviso.
ci::es due compensation sAhll'be made by said corpora-
tion for any such land, timber and other materials taken
as aforesaid if required by the owners of the same.which
shall be adjudged by a court c competent jurisdiction
if not agreed upon by the parties.
Sec. 7. Be it further enacted, That it shall be the du- Company
ty of said company t -commence their works for the sha!!com-
making said rand and clearii:i oat said creek within the wnlk within
term oftwo xv ars from t!it'. I-.sage of this act, and if two vea s.
said company IhalFT'ail I ir ..nmence said works within
the time aforesaid, or,, after having began the same shall Ca;, wc
abandon or neglect it for the term of twelve months at this company.
any one time, or if ani said works have Ieen comple-
ted they shall permit the same to go down and remain
so for twelve mnonthla'i j ot .mv attempt to repair the
same, then and in 'itherr of s.i1 vents% the sahd Oorpo-
ratijo shall be disaolid4 onit--, the operations on:the
same have be: n suspende:l Vnii high or low water or
any other uinai ,iable.cat.-..,
Sec. 8. he it jfrther enacted, That the said cic mpa- shall have the
1:v shall have a right to demand and receive tolls and r:0, 1'-
fees for the transporting produce, goods or other articles
upon said road and creek, or for permitting carts and
v .' r'lin- to pass sid road, or i)oatrr other craft to na-
I iaate said creek, at surh rates ns rri y be agreed upon
and determined ty a majority of the share holders, which
toils and fees shall be expressed and made knoiA'id the
bye laws of said company, but may be changed wheaev-
<: circumstances may render it necessary in the opiniort
(J:' tlh Pirciluent and Directors ofe aid company : Provi- Proviso
did, that said tolls or fees shall not be increased without
p;:'v ious public no ice of such increase. And the said
company y sail continue to receive said toils and fees, so
loin as the said road or creek shall be ko!,t in .ni-irVIt.
nrder by said company, their successor'., hiri l.r assigns en on pow,-;i
Zr :e trc *rr....1.t... at nt,,2.-- and aHl .oduce good:.
11

(10)

boat,, crafts, ,~.i:,l-i or other articles or things tran-
ported or conveyed, on said road or through said creek,
shall be liable for said tolls and fees and may be retained
until tile same are paid.
Ifsaidroad SeC. 9. Be it.further enacted, That if at any time said
should be out of road or creek should need repairs, and in consequence of
repair. which, transportation over the same should be suspei.ded
until the same are made, nothing in this act shall be so
construed as to prevent said company fiom demanding
and receiving tolls and fees as aforesaid when the same
shall be put into operation.
Shareholder ec 10. Be it further enacted, That any share hold-
bay transfer
ae. cr in said company shall have the right to transfer his
interest in the same or any part thereof to any other per-
son, under such rules, regulations and restrictions as
may be prescribed in the bye laws of said company, but
the interest of any one or more members in the joint
stock, and property of said company shall not be severed
from the interest and property of the others so as to im-
pair the value of said works, without the consent of u
majority of said company.

The Unit I Sec 11. Be it further enacted, That whenever tih
rt o'ryhl- Congress of the U: States or the Territory or State (a.
have iLe right the case may be) of Florida shall think proper to pur-
to purclase chase said road and canal for the purpose of making the
said Canal and
road. same free of toll, the same shall be disposed of at a rea-
sonable compensation to either of the said Governments,
which compensation shall be adjudged by arbitrator:;
chosen by both parties, and their decision confirmed by
the Superior Court of the County or State (as the case
may be;) Provided, also, that nothing in this act shall be
so construed as to prevent the crossing of any road or
rightofthe bridge over said canal or road under the authority of the
Territory to laws of this Territory, and the same shall be kept in re-
regu!ate toll pair by said corporation arid provided also that nothin0,'1 it
reserved, said act shall be so construed a.s to pircvetIt aln futiii;
Legislature of this T'erritory or State (as the cale( 1c m1
hI)) to regulate the toll of said road and canal when thec
jll'v think proper.
,ac. 1T2. Be it f'ur/icr cntar(d, That this act slha:
S1're!ctro L; hcbleiaiil construed fiw thl" Ibene:lit of said cofni;-
atrued lN ny i to crryi into co pitt ( 'icc tle objects heIriii
c.)nteminnl'tc'l. and the said com,!I sna- -hall be governed

(11)

:,i all its operations not herein provided for, by its ow n
.aws; Provided, the same are Ino repugnant to the iaws
,f ti:is Territory or of the United States.
Pased 25th October, 182S.
PETER ALBA,
President of the Legislati e Council.
THOMAS 3MUNROE, Clerk.
Approved, 2AuIcimber 1~St2at.
VWM. P. DTUVAL,,
Governor of the Teritory of Florida.

AN ACT

Concerning Divorces and Alimony.

Be it enacted by the Gorvrnor and Lc'islaftive C(i'uncil Superior(rc:u
(!i'the Territory oJ'Florida, That the Suipcrior courtst s ihail lie i:-
S, r diuction oF
uf this Territory shall have jurisdiction of all causes of Divorc>.
divorce by this act directed and allowed: Provided, the
party applying for such divorce be an actual resident of
this Territory at the time of flingz his or her bill for such
divorce.

Sec. 2. Be it further enacted, That the like process "voae ofproz
and course of practice and proceedings saill be had and ceding.
pursued in causes of divorce as is usually had and pur-
sued in other causes in Chancery, except, that the an-
swer of defendant shall not be under oath.
Sec. 3. He it further enacted, That Divorces from the Causes of Di
I ,ond of Matrimony shall be decreed in case the parties vorce.
are within the degrees prohibited by law, in cases where
either party is naturally impotent and in case of adultery
in either of the parties and also for wilful, continued and
obstinate desertion tor the term of three years, but the
decree or sentence of Divorce in such cases shall not
render illegitimate the issue born during such marriage.
Sec. 4. Be it further enacted, That divorces from the Fonner hu-
ionds of Matrimiony shall also be decreed where cith!er of lbind"' 'r'
the parties had another wife or husband living; at the "
ime of such second or other marriage, and inarriiues
vihere either of the parties shall have a former wife or
husband living at the time of such marriage shall he in-
valid from the beginning and absolutely xoi,, :i td the

issue thereof shall be deemed to be illegitimate and sub-
ject to all the ieg:al disabihties ofsuchiissue.
Adultery, ifby Sec. 5. Be itfurther enacted, That if it shall appear
coliusl. toon to.e court that the adultery complained of, is occasion-
ed by collusion of the parties and done with intenti! to
procure a divorce, or, thlt both parties have been guilty
of, adulery, then no Divorce shall b' decreed.
Divorce a 'Soc. 6. Be it fur'thr enactc./, That divorce from bed
viensa et tlloro *
andtboard shall be decreed for extreme cruelty in ei-
i'bycollusion. their of the parties, but if it appear that the cruelty
complained .of was occasioned by the collusion ofthe
parties and done \wiih intent to obtain such divorce, then
no divorce shall be decreed.
Maintenance Sec. 7. Be it furtherr enaci,'l, That when a divorce
the wif and shall b- decreed on account of the parties being within
rh;,-en, if'n a the prohibited de,'rees or fir the cause ofadultery or ex-
!,eree fbr a -
liovrce. tremce cruelty, the C(ourt hali and may in every case take
such order touclhiinL the case and maintenance of the
children of that marriage, and also touching the main-
tenance and alimony of the w ifi, or, any allowance to be
made to her aid if any, the security to be given for the
same as from the, circumstances of the parties and nature
of the case maY e i th. .equiitable and jut.
Persons with- 'ec. 8. Bc it fij th .'r enacted, That iif any pcr-sos who,
:nt e levitiej shall be divorced on acounit of their being wil:in t ii-
dancsst coa- degrees prohibited by law sh.ll after such divorce (c.lai!)-
biting after di- -
varcs. it together, such persons so offending shall be lhaiui to
all the pains and penalties provided by law, a.a-i;i: in-
cest.
Person cnhal, See. P. .fe i jurtrer en *f', That if -ny p(.'so*-
'vor after di- shall cohabit or live together in the .aine house aiunr a
divorce for the cause of prior narriae' or adultery o c hi
persons oflending shall be liable to all the pains and pen-
alties provided by law against adults ,y.
Where a party Sec. 10. And be it further entered, That in all cases
defendant re- of divorce, if the party against whionti tle comph;laint is
sles outofthis made shall reside out of this Territory or have rcimuve\
Juoritory.
or shall after the cause of compnlaiilt has arisen, remove
out ofthe Territory, so that process cannot be served,
or, if served, the party cannot he coImpelled to appear,
and answer or plead, ii shal anl Inr;y iw iill for the
Court, on bill filed anl die proof that the defendant re-
side.s out of tile Territor'., or, ihatll proved as aforc-
snid, to order ;: l:ar*in': e in i fi';ci c!; h r el in thei said
.hill and thereunon to nass a decree :i.it same inanner.

as if the dofoindant had appeared and were pre~ei in
C'f:rt : P rovidud always, ithit a copy of tihe 'aid order
larJiearinz be published in one of the public new;--.i-
pers of this Territory for the space of three months at
least betfre the day appointed for the said hearing.

?;:0o0so

Sec. 11. Be it further enacted, Tbat the County County Court
Courts shall have jurisdiction on application of wives for- my grant ali
alimony against their husbands., o', the husbands desiet-i
ing his wife for one year, or, on ins liviUg in open 'or
avowed adultery with another woman for three months,
and in cases of cruel, inhuman and barbarous treat-
Inent.

Sec. 12. Be it farther enacted, That such application Manner of pro-
slhall be by bill in Chancery, alleging the cause why ali- cedre.
money is claimed, and the proceedinm shall be'as in other -
cases in Chancery, and the facts arising upon the mat-
ter in issue shall be determined by a jury; either of the
aforementioned causes.being found to exist, the Court
shall decree alimony out of defendants estate : Provided, Proviso.
however that alimony shall not be granted in ease of o-
pen adultery of the wife.

Sec. 13. Be it further enacted, That, a decree of Ali-
mony shall release the wife from the control of her Hus-
band and she may use her alimony and acquire .e. rand
disosei of other property uncontroced by her hiuband,
anId where the husband is about to remove himself or
his property out of the Territory, or fraudulently convey
or conccal it, the court may award a nc excal or injunc-
tion against him, or his property, and make such order
or decree, as will secure the wife her alimony.
Passed 29th October 1828.
PETER ALBA,
President of the Legislative Council.
THOSE. MUNROE, Clerk.
Approved October 31.s 18'28.
WM. P. DI)VAL,
Governor of the Territory of Florida.

Effect of a de-
cree for aulnuo-
ny.

If the husband
is abont to reI
,movc.

(1i)

AN ACT

To prescribe the mode by which attorneys and counsel-
lors at law may be admitted to practice in the courts
of the Territory.

Be it enacted by the Governor and Legislative Council
Atornies of tle Territory of Florida, That from and after the first
i'. ho1w ii- day of March next, no person shall be permitted to ap-
censed. pear as an attorney and counsellor at law in any cause
in the courts of this Territory, until he shall have pro-
duced to the court in which he proposes to practice, a
liccnce signedbyone of the judges of the Superior courts,
or a certificate under the hand and seal ofa clerk of some
one of the Circuit courts of the United States, of his hav-
ing been admitted to practice inl said Circuit court, which
license or certificate shall be entered upon the minutes
of the court, in which the said attorney wishes to prac-
tice and the original returned by the clerk to said attor-

Qualtifntiion Scc. 2. Be it further enacted, That it shall be the du-
otman applicant ty of any person, wishing to obtain a license to practice
forlicensc. law in tlhe courts of this Territory, to present to one of
the judges of said Superior courts, satisfactory evidence
of goodt moral character, and that he is twenty one years;
of age, whereupon the judge shall examine into the
qualifications of the applicant and, iffound qualified, he
shall grant him a license to practice ih the several courts
of this territory, which license shall be entered upon the
.minutes of the courts, as is prescribed in the preceding
section.
Sec. 3. Be it further enacted, That if an application
Judge may ap- shall be made to any of the judges of said Superior
poI)t exaium- Courtsin term time, by any person for a license to prac-
rs. tice in said courts, or if from any other cause, it shall be
inconvenient for said judge personally to examine into
the qualifications ofthe applicant, he may require the
Wo shal examination to be made by two members of the bar,
on.hb who shall be previously sworn, faithfully to examine and
report as to the qualifications of the applicant, and if
they shall report to him that the said applicant is qual-
iiled to practice in said courts, such examination shall
be as effectual a, though it hiLcd bcen tmadc 1,y said jirud
ill i)f'rSO0.'!,

Sec. 4- Be it further enacted, That no person shall be
pc:rm.-ted to practice many of said coirtsr uitil he shali ;aofan :-
have taken anoathto support the constitution of tie Uni- torney.
ied Statfs, and honestly, todemean hi msI lf in his pro-
itJs-ion, and exercise the duties thereof, to the best of his
skill and abilities.
Sec. 5. Be it further enacted, That Marshals, Sher-. Wio are dis-
iffs, clerks of courts, and :ieir deputies shall not be per- qpuailn, i101
emitted to practice law in any of said courts, nor shall any
person convicted of an infamous crime be permitted to
practice therein. *
Sec. 6. Be it farther enacted, That nothing herein Suitr,, may
contained shall be construed to prevent any person appear in per.
from managing his own cause, in any of the courts son"
of this Territory.
Sec. 7. Be it further enacted, That if any attorney
shall collect money for his employers, and refuse to pmy Defittinz At-
it over on demand, he shall be stricken from the list of torneys t, be
stricken from
attorneys, and shall not be allowed to practice within the roll
this Territory, until he shall pay jver the money to his
client or legal representative, rand he shall also be lia-
ble to a-suit for the same, and subject to a penalty often
per cent for every month he shall detain the same after a
demand regularly made.
Passed 6th November, 1828.
PETER LLBA,
President of the Legislative Council.
THOS. IMUNROE, Clerk.
Approved 10th November 1828,
WM. P. DUVAL,
Governor of the Territory.of Florida.

AN ACT.

Concerning Dower,

Be it enacted by the Governor and Legislative Council dow v
of the Territory of Florida, That when any person shall entitled to
die intestate, or shall make his last will and testament, Dower.
and not therein make any express provision for his wife
by giving and devising unto her such part or parcel of
real ani personal estate as shall be fully satisfact6or to

her, I witdown may gnify her disnt thereto in theI
.Sperior or county courts of the county wherein Fihn re-
sides (and, if their e b no court in the cotmty, then to ei-
ther of said co'ur't ii the next adjoining county,) at any
line within one year after the probate of such will, and
then a!!i in that case: she shall be entitled to dow(er in
the follow in manner, to wit : one third part of all the
iands, tenement., and hereditaments of which her hus-
be 1,,-hC,!I band died, seized and possessed, or had before conveyed,
ofithe real es- whereof said widow Ihd not relinquished her right of
te. dower as heretofore provided for by. law, which third
part shall be and inure to her proper use and behoof-in
and during the teflm of her natural life: 4n which said
thirdpart halll be comprehended, the dwelling house in
which her husband shall have been accustomed most
general to dwell next before his death, together with
the offices, cut houses, buildings, and other improve-
mcil:ts tiheretuto belonging or :Il.:. iii.iI i O : Provided,
that if it should appear to the jiiil. or justices of the
courts to whom application.is made, that the whole of
the said dwelling house, out houses, buildings, and oth-
cr improvements thereunto appertaining cannot be ap-
plied: to the use of the widow withbut manifest injustice
to the children or other heirs, then and in that case such
widow shall be entitled to such part, not less than one
third part as the court may deem reasonable and
just.
S;,c. PF it furft'hr enacted, That when a husband
IIow thne ul- shna tic i nt..stIt. or shall nmae his last will and tesa-
oC" ishalX be ,.
endowed ofthi 11enCit, iand not mn ke provision therein for his wile as ex-
personal es- pr c.: ed in the first section of this act, she shall li enti-
late. ti'd to a share in the personal estate in the following
manner, to wit : If there be no children, or if there be
but one child, in that case she shall be entitled to one
half : but if there be more t han c,;e child, in tiiit c; (-
she shall be entitled to one third part in fee simple, ex-
cept slaves, in which she shall have a lifi estate, and
such claiii shall have preference over all others.
Sec. 3. Be it furtlrri cnicudl, That ;t -hall he lawf1l
ftter the passingpf this act., fIr aniy widow clai..i:
iMan:;r r (lower, to file her pctitton in the Superior or co(nt
poc~ cd :n in court, ill the county v, ite l ir hi -, tind sihal h voe a:--
vDower. aliv dwelL next biiifrt hi: dth (it' there be neitihr o(
sF ,l! courts in, said cOtm y, tihen .d i'. th t ca-e it ih,

(17)

next adjoining county) setting forth the nature of li
claim and particularly .' -i!%\ I,. : tiie taids, telnements
and hereditaments of which she claiiii dower, and pray-
ing that her dower may be allotted to her, Whereupon
said court shall issue their writ to the sheriff command-
ing him to summon five discreet freeholders as Comn-
milssioners, connected with the parties, neither by con-
sanguinity or affinity, and entirely disinterested, who up-
on oath (which oath the sheriff is hereby authorized to
administer) shall allot and set offby metes and bounds to
the said widow, one third part according to quantity and
quality of all the lands, tenements and hereditanment. in
said county, and shall put her in possession'of the same,
which possession shall vest in her an estate for her natu-
ral life ; and when she has claim to dower to lands ly-
ing in different counties, she may proceed in thie Supe-
rior or county Courts, of the County where such lands
may lie, and mahe recovery in manner as is hereby di-
rected, and the sheriff and Commissioners shall also at
the same time allot and set of' io such widow her por-
tion of the personal estate of which her husband died
possessed, and to which by this law she siall ue entitled,
which part or portion shall be, and inure to such widow
her heirs, executors, administrators, and assigns flr-
ever, with the exception herein before expressed.
Sec. 4. Be it further enacted, Tuat the proceeding Petition to b
upon such petitions for dower, shli be in a suminml y 'eard thefir
way, and the Court shall at their first term when such
petition is filed, proceed to hear and determine as tu
them shall seem just and right, Provided, that the party Proviso
petitioning for dower shall give ten days previous notice
to the executors or administrators, by serving them
with a copy ofsaid petition ; and where there are no ex-
crutors or administrators, or wiiere they do not reside
in the county the residence of such w idow, o, where
the widow shall be executrix or administratrix, then she
;hall ~ive said notice by advertisenmeit, in one of the
Newspapers published in the Territory, nearest to the
residence of such widow, to be published ifobu. times in
Succession.
Suc. 5. Bc if. friwr t'nact'd, Th:it it 4halil be z lawful C idow"1--
re-tam r posse '
for the widow to retain tlie fuli tmossesion of the dw'cliii; io o i-.,
l, in which her wsich e band most ustuillv dweit iex;t be- in:- hi-
:I1re his deiitdii, tog-:nher with lth outhiousesi, oniit:: or ower
!improve. :e,- thi,!-:+, !,n^in). free from molutti,
f.,

(18)

or rent until she shell have her dower assigned her, also
on" years .nrovisio:!. fir her-;elt and fitiilv to be set a-
parit k three persons appointed by the court for that
pur;osee.
Passed 1st November 1828.
PETER ALBA.
President of the Legislative Council.
TIOMAS M3UNROE, Clerk.
Appro red, November 7th 1828.
WM. P. DUVAL,
Governor of the Territory of Florida.

AN ACT

Concerning Marriage License.

Be it enacted by the Governor and Legislalire Council
ofthc 'Territory of Florida, That no Miniister shall join
any persons together as man and wife without lawful li-
31mitiers nny cense asby this act required, under pain of imprison-
out licensesn meant for one year, without bail or mainprise for every of-
fence and a fine of five hundred dollars.

Sec 2. Be it further enacted, That any ordained min-
ister ofthe Gospei, or in regular communion with any
Ministers may religious society o' Christians, may so:emnize the rites
jomn persons of mnatrinony, according to the formni of the Church to
Ielly licen- which he'belongs between any persons within the Territo-
ry, who shall produce a license pursuant to this act di-
rected to any authorized minister of the Gospel.

Sec. 3. Be it further enacted, That the County Court
Conty court shall gri;nt licenses to all minister of tile (ospel as a-
to gra t licen- foresa<,i lwho silhaii appli for tile san e to miarry in any
ses. L --n)'l ty; wl'ere there is inot a suttfi. :;,t nubiter ofordain-
ed MillliSters, Justices shall be utliitr 1t:e saime rllest and
r1''ii..tioiis1, p.iiis and pentities au 32niisters of the Go,-

'". 4. L' it fiun /;'r en(acl/l,. '1 ia;t to prs erve a Re-
"'-*- '" f" it! i Ilr.i e. ; ( t'-t',ih ";.' (,f livy nTh;'-
Certificate of .:uc ; i,, '. : Il 3iil ilarriage to te r n
ter or Justice of the Feace C.1i'c.ratiJg tile same,

(!9)

,hill be transmitted to the Clerk of the Coucrv wherein registered ty
the -udrri-i2e is sIo-le:i1 izeid, with: th;lree llnoutii s tliereai'- Cou ntv rt.
ter, to ;e entered on record by t!e Clerk, in a uook i b
hhiin rt: be k(ept ii.it pi r'o.-e, which h-iai 'ie evidence
of ail such narri:[es.
Sc. 5. !? ; f0i,'r enacted. That c ve-i Minister or ';iser or
Justice of the Peace (as the case ,'!; be) i'filitgr to Jia:ice ailing
transmit such certificate to the Clerk of the court t in due tI' give certifi.
time shall tforfeit th sumf of sixty dollars; and if the Clcrk cae.
of'anv Court shall fail to record such certificate, li shaii Clerk Iailing
forfeit the sum of sixty dollars to be recovered with costs t, record tie
of suit by the informer in any court of competent juris- same.
diction.
Sec. 6. Be it further enacted, That every license for
marriage shall be issued by tie Clerk ,f the County
Court of the County wherein the woman usually resides tV leur to iv
in manner following, that is to say, the Cieri shail take licence.
bond in the penalty of two hundred dollars payable to the
Governor and his successors, for the use of.the Territory, halli take
S buoid &C.
with condition that there is no lawful cause to ob).truct
thl inmrriage for which the licence is required, and every
Clerk failing herein shall forfeit one hundred dollars, if
either of the parties intending to inarrv be under age, the Iti, parties
license shall not be issued without tile consent of tie le under ie.
Pa rent or Giiardian, made verbally to the Clerk, or proof
of s'ichi consent by the oath of one credible witness ; and
thereupon tile Clerk shall issue said licence and certify
the .ond is a'iven, and if either of the parties be under
ale, he shall also certify the consent of the parent or
guardian, which shall be a lawful license to any Minister
or Justice ofthe Peace authorized as aforesaid to solenmn-
ize matrimony.
Sec. 7. BW it further enarted, That if any person shall
marry within the leviticai degrees, lie shall be subject to
a iine of one thousand dollars, oie half to the informer, Pe'"lty for
marrying whin
the other half to the Territory, and the said marriage the levitical
shall be annulled and set aside by any court of compe- degrees.
tent Jurisdiction in the Territory, and' the Court may
re, ire the parties to give bond and security that they
wil1 not in future cohabit with each other, and commit
them in case of non-compliance : Provided that nothiiin Proviso.
herein contained shall be construed to render illegitimate
the issue of the marriage thus annulled.
Sec. B( it further enaclte, That the Clerk of the Ferorthe
Comuty Court ;hall receive the suml oftl:ree ldoullr m all i

(20)

cases in which he shall perform the duties prescribed by
this act.
Passed 5th November, 1828.
PETER ALBA,
President of the Legislative Council.
THOSE. MUNROE, Clerk.
Approved November 7th, 1828.
W P. DUVAL,
Governor of the Territory of Florida.

AN ACT.

Authorisiug Francis Richard to cut a Canal from his
raMich. ill to the main Creck of Pottsbourgh.
uracid Rialh -
ard ut hor Sec. 1. Be it enacted b/ the Governor and Lcgislatifr
Canal. Council of the. Territory of 7Forida, That Francis Rich-
ard of the county of Duval, be and he is hereby autho-
ay enter on raised and empowered to cut a Canal from his Mill on a
branch leading to the main creek of Pottsbourgh, and
shall enter upon, and take possession of any lands w\ith-
in two miles of his said Mill, that he may deem ncces-
rovided he sary for the completion of said Canal, and said Canal
make compen- when completed shall be a public highway: Provided,
stion. that due compensation shall be paid by the said Richard,
for any lands that he may enter upon, and take po;-ses-
sion of agreeable to the above section, which comipensa-
tion shall be adjudged by three disinterested house hol-
ders ofDuval County, two of whom shall be chosen by
the two parties, and the third by the two so chosen, and
their award of compensation aforesaid so made shall be
final.
Passed 8th, November 1828.
PETER ALBA,
President of the Legislative Council
THOSE. MUNROE, Clerk.
Approved November 121h, 1828.
W31. P. DUVAL,
q3-overnor of the Territory of Florida,

(21)

AN ACT

To incorporate the Town of Marianna.

Sec. 1. Be it enacted by the Goernor ani: L-:'ctive Tlown otILf
Council ofthe Territory of Florida, That all the free rii:ana mor-
vhite male inhabitants over the a'e of twenty one years, p'rated.
comprehended withiii the South West quarter of' Sction
number three, in Township number four, Range nuiii-
ber ten, North and West, lying and being in the county
of Jackson, in the Territory of Florida, and their suc-
cessors be and remain for the term of'ivo years from the Term ofineoar
Sporation.
passage of this act a body corporate, by the name and
style of the Town of Marianna, and by their corporate
name may sue and be sued, imiplcad and be impleaded,
and do all other acts as natural persons, and may pur-
chase and hold real, personal and mixed property, Qr dis-
pose of the same for the benefit of the said Town.
Sec. 2. Be it further enacted, That the government of
said Town shall be vested in a Town Council, compos- Government
ed of an Intendant and six Councilmen, each of whom
.shall have the qualification of being the proprietor of a
lot or the occupant of a house, and shall have resided
three months within the limits aforesaid, in order to fill
either of said offices.
Sec. 3. Be it further enacted, That the Intendant Powersofthp.
shall have the power and exercise all the duties, and Intendant.
may receive the fees of a justice of the peace within the
said corporation.
Sec. 4. Be it further enacted, That the said Town
Council shall have full power and authority to prevent Powers ofthe
and remove nuisances, to license and regulate auction- Town Cou-
eers and auctions, retailers of goods and liquors, and ta- c
verns, to restrain or prohibit all sorts of gaming, to li-
cense and regulate theatrical and other public amuse-
ments, to establish and regulate markets, to direct the
safe, keeping of the standard of weights and measures,
appointed by Congress, to provide and regulate burial
grounds for the use of the said Town, to sink wells and
erect and repair pumps in the streets and public squares,
to erect and repair Market houses and public scales
within the aforesaid limits, excepting the pleasure
squares, to establishand regulate patrols, to regulate
the storing of gunipowd'cr, to tax and license i h;wker
and pedlars, to restrain and prohibit tipling houses and

lotteric5, to provide for the establishment of public
sch,-ois and :ui)erintendance of tie same, torestrain and
pu:i-i ih iL~,lo.l an I diso-rderly persons and the lior-
de'r! condnu't of negroes and persons of color, and 2ene-
rally to provi;le oir the interior police and good govern-
mnent.of said town.
Sec. 5). Be it fiiurtlr enacted, That the said Town
Council shall liive p',ower to levy a tax for the purposes
Power oftho recieitle in the preclii:n section of this act, in such
Council to le- i-
vy tax. mnainnir and iuder su'h: circumstances as the said Coun-
cil shall coiccive leastfburthensome to the citizens and
Proviso. to provide for the collection thereof; Provided that no
tax shall be imposed on real property at any higher rate
than one quarter of one per cent on the assessed value of
the same, and shall have power to inake and pass all
To pass ordi- such ordinances, and to impose such fines and penalties
nuances. for infringement thereof, or non compliance therewith,
as shAll to the said Town Council seem necessary, to
give effTct and operation to the powers and regulations to
the duties herein, and hereby given and imposed to and
upon the said Corporation or Town Council, any law of
this Territory to the contrary notwithstanding: Provi-
ded further, that no capitation tax be levied on persons
Ordinances not entitled to vote for Intendant and Councilmen, and
shi,] be stoned
h Ieued- Provided that the said ordinances and rules shall be
dant anu attes- igniecd by the Intendant and attested by the Clerk, and
te. !y) the that no ordinance shall be passed granting any salary,
Clerk.
pay or allowance to the said Intendant or Councilmen,
or either oftlhem.
Sec. 6. Be it further enacted, That the Town Coun-
Power othere cil shall have power to compel the attendance of its
Town Con.- melimheri,, and to judge of the election returns and qual-
eil to cmpeel itications of the Intendant, and its own members, and
embers&c. the yeas ana itays on any question shall at the request of
any two members be placed on the record.
Sec. 7. Be iffurther enacted, That the said Town
Council shall have power to elect a Treasurer, Clerk
Pow-r of elec- and such other officers as to the said Town Council may
tin:. j!-;crs seem necessary to give effect tothe powers and regula-
an i...'' 'tion, 0othe duties by this act given to, or imposed unon
the s :id Town Council, and to determine te he sAlaries of
thlie sid o.i.,,r-'s and the same to dismiss at pleasure,
an.d! ii tlti,ids of slid Town Council may expel a meim-
be-- i- te said Council for disorderly behaviour or mal-
coniiuct in police.

See. 8. Be it further enacted, That it shall be the du-
tv of the said town Council to cause to be kept regular shI:l publi]i
records of their proceedings arid of their ordinances, the law.
rules and regulations, and they shad ipromnnulgaLe their
ordinances without unnecessary delay by posting the
same at the common market place, or on the court house,
or in any news-paper in said town so that that the same
be exposed to public view at least four wvcelks.
Sec. 9. Be it further enacted, That it shall be the du-
ty the said Town Council to hold their meetings in pub- Their mee-
lie, and at such times and places as to the said Council tins to be
may seem fit, and the Intendant shall be President of Public.
the board, and in the absence or disability of the Inten-
dant, a majority of the Council may oni any occasion up- May appoint
point from among their number; an Intendant who shall an Intendant
have power pro tempore to do all the duties of Intendant: protein.
Provided, however that a majority of the to, n council
then present, may sit with closed doors whenever they
may deem the public interest requires it.
Sec. 10. Be it further enacted, That five of the said Quorum.
said town council shall form a quorum for the transac-
tion of business.
Sec. 11. Beit further enacted, That it shall be the
duty of said town corceil to exact from the Treasuer t Treasurer to
least four times in e h calendar year, a statement of the make report.
receipts and of the expenditures of money and of the sums
of money due to and from the corporation and to certify the
same to be correct if on examination, suth statemeni!t is
found to admit of such certificate, and require a report of o-
ther stock & property of said town comn mittcd to his charge.
Sec 12. Be it further enacted, That it shall be the
duty of the said Intendant to see that the ordinaiices of Dutyof the
the said Council are duly executed, and to call a meeting Intendant.
of the Councilmen when in his opinion the public good
may require it, and he shall lay before the council from
time to time in writing, such propositions as he may
deem advisable'for the welfare of the said corporation,
and the said town council shall have power to adjourn
from time to time.
Sec. 13. Be it further enacted, That the said Inten-
dant shall within five davs after his election take an oath Oath ofthe
I1itcndiant and
or solemn affirmation before any Judge or Justice of the Councilmn
Peace of this Territory. "That he will t tthe utmost of
his power, support, adv;;ce ; ld ; !eli t. (. in(itre-t, ic e
and good order of the Town of MiArianna and fitl:iully

and diligently discharge the duties of Intendant of the
said town during his continuance in office, and that he
will support the constitution of the United States. And
he shall within the aforesaid time of five days after the
election, convene the council men elect, and administer
to each of them an oath or afirmation similar to that ta-
ken by himself.
Sec. 14. Be it further enacted, That the Treasurer
Dut of the shall receive all monies due and owing to the said corpo-
ration, ain he shall keep an accurateccount of the same
and all money paid out for and on account of said Corpo-
ration shall be paid by the Treasurer on an order of the
Council attested by the Cicrk and countersigned by the
Intendant.
Sec. 15. Be it further enacted, That the first election
for Intendant and Council-men under this act, shall take
nTime a, lice on the first Monday in January 1829, and each
election of In- ''.cceediug election shall be held on the first Monday of
tendant and January every year, and the said election shall be held
Councilmen. I
under the inspection and superiutendance of three inspec-
tors, who shall be judicious and discreet persons, and the
votes shall be given by ballot, but no judge of the election
shall he qualified to run for the office of Intendant or
Town council-men or shall he eligible to said offices, or
either of them at the time he is s judge of the elec-
tion.
SeX "' BeTi it farlher enacted,, that it shall be the duty
Duty of the of said t,. ;tors, or any two of their to receive the votes,
Lnsipectors of -
ciection. and to cause tIhe name of every voter to be taken down
and inserted in a book to be kept for that purpose, and to
cause the poll to be held at such place as they or any two
of them may deem proper, and to be opened and con-
tinued open from nine o'clock in the morning until five
in the evening, when the ballots shall be told, and the
name of the person having the greatest number of votes
for Intendant shall be declared, and the names of the
persons having the greatest number of votes for Council
men shall lie declared, and the name of the said Inten-
di;t cnd Councihmen elect shill be recorded and notice
of their election given to each of them.
Sec. 17. I, ,it furiher enacted, That it shall be the
duty of the said Tovw-n Council at least two weekss pir(: i-
ilappct-ors ouislv to tihe d,'. appointed fi( r election to appoi:l' the
howappuiuted inspectors election by this ui t required, and to notiiy
then of such appoiinti t.t, and tlim said inspectors shall

:ive pIblic notice within three days thereafter by post-
miii uii at the itmarket aid three other places, of the iiine
.nil place of such eicition.
:';cc. 1S. Be it fu.irther enacted, Thal if hy reason o 'the
refusal, absence or other unavoidable ca;ualtv, the in- tn
S1f Inftindant
tecidant elect shall be prevented trom performing tile elect shal be
orrgnizing duties by this act required, it shall in such tnlaie to per-
hiorm Is duts-.
case be tie duty of the Intendant ;* office, to cause a new or s uty.
election to be held by the sam:e ii.mpectors, who shall
forthwith give at icast tne vweekas notice 'iithe .same, and
1 old another election for Intendant conforniably to this
ire idlation.
ecc. 19. Be it further enacted, Thlit Miles Simmns,
Allen Gattis and Benjamin Holden, be and they are here-
by appointed inspectors to superintend the election for Inspectors 'or
1i t10 election on
Intendant and Councib,,n for said town, on the first the IstAlon-
Mol.day in January, one thousand eight hundred and day in Janua-
twenty-ninc, and they or any two of them may do the ry i-)9.
duties of superintending required.by this act, and in the
event of the occurrence of any of the casualties contemn-
plated by this act to prevent the organization of the said
Town council, they or any two of them are hereby author-
ized to hold a re-election for Intendant.
Sec. 20. Be it further enacted, That the said inton-
dant and town Coun'cil-men, shall have power to iill va- vacancies
cancies in their own body by causing an election, to be 'owlilled
held in the same manner as is provided for :'i "-s act.
out of the citizens qualified to till tne same, i... that the
:said Intendant and town Council-men sail in all cases
continue their respective functions, until their successors
be; elected and qualified into office.
Sec. 21. And be it further enacted, That every white
male inhabitant of the age of twenty one years or up- Qualification
wards, who shall have resided three months within the otvoters-
limits above described, and every white male person who
shall have resided six months within the County of Jack-
-on, and one month in the Town of Marianna, shall be
entitled to vote for Intendant and council-men, for the
said corporation.
Passed 2Sth October, 1828.
PETER ALBA.
President of the Legislative Council.
TIIOS. Mi[UNROE, Clerk.
S/r~or cd z:ccmbr 5th, 1-28.
WIT. P. DICVAL.
x e;,rVf'r : Ti C 'i t ,irorv oi' lor'idI
i)

AN ACT

Authorising Georace Fisher Senior to build a Bridge ove:
the Ocklocknee River at or near his ferry.

Be it enac'td bY ftei Governor and Legislative Council qo
the iTerritory of Florida, That George Fisher Senior bc
and he is hereby vested with the right and tower of bail-
Ln. athori- ding a bridge, and charged with the duties of keeping
to build a the same in repair across the Ocklocknee river at or
bridge acos within two hundre( vards of the place where the road
the Ocklock-
neoeriver. leacill fIroim aliahassee to Georgia crosses said River,
and shali continue in the enjoyment of the same so long
as the said 'ilshcr, his heirs or assigns, shall keep the
same in good repair, unavoidable accidents excepted, for
tie safe crossing of such vehicles &c. as travel tie road,
To"' and shall be allowed to receive the prices of toll allowed
bv law to be received at the ferries on said river : Pro-
Proviso, that vided Nevertheless. that nothing in this act shall be so
the lbrd -haHl
not be obstruc- construed as to aulhorise said Fsher to obstruct or pre-
ted. vent any person frcm a free access in crossing the ford
of said river, N here the road shall lead to or near said
bridge.
No bri oe ao Sec. 2. Be it further enacted, That no person shall
ied within have the right to build a Bridge or establish a ferry
one mile. within one mile of said bridge, for the purpose of gather-
ing toll.
Sec. 3. Be it further enacted, That all laws milita-
!e ting against this act, be and the same are hereby re-
pealed.

Passed 7th November, 1828.
PETER ALBA,
President of the Legislati e Council

THOMAS MIUNROE, Clerk.

Approrved, Xormnbcr 10th, 1829.

WM3. P.D I AL.
Governor of the Territeo') of iiori&

AN ACT

Regulating Judicial Proceoeina3.

Be it enacted by the governor and Legida!ive Council p er :,d "
4f the Territory of Florida, That the Superior and coun- risdiction of
ty courts shall be courts ofrecord, and have full power ;nd i "he Suri
and Cottn,-
juthority to hear and determine all causes, both civil and court.
criminall, of which they shall severally have jurisdiction
according to the laws of the United States and of this
Territory, to administer oaths, make rules, pass orders
aud decrees, and give such judgments as may be neces-
sary to support their authority, to punish for contempts
by tine or imprisonment, and not otherwise; the fine in.
anv case, not to exceed one hundred dollars, or the im-.
prisonment thirty days: and shall exercise all the neces-
sary powers appertaining to their jurisdictions respec-
tively according to law.
Sec. 2. Be itfurther enacted, That a refusal to obey
any legal order, mandate or decree, made or given by hat shall b
considered a
any Judge ofthe Superior or county court, either in term, contempt of
titme or in vacation, relative to any of the business of said Court.
O'ourt, after due notice thereof, shall be considered a con-
tempt, and punished accordingly. Provided, that any
thing said or written or published in vacation, to or of any
Judge, or of any decision made by a Judge, shall not in
any case be construed to be a contempt.
Sec. 3 Be it further enacted, That when any Judge failure of
tudre to at
s-hallnot attend on the first day of any term, the court te:ndcourt.
shall stand adjourned until 12 o'clock on the second day,
audif said Judge shall not thenattend, it shall be the du-
ty of the clerk at that time to continue all causes, and ad-
journ the court to such time as the Judge may appoint,
or to the next regular term by law established.
Sec. 4 Be it further enacted, That when any person Process may
wishes to commence an action in any of said courts, lie be sued out a-
shall have the right to sue out his process either against gainstthe per-
the person, or the estate of the defendant, according to tate.
the rules prescribed by law; and when the same is in-
tended to be sued out against the person of the defend- Againstthe
person how
ant, it shall be the duty of the plaintiff, or his attorney to gintituted.
deliver to the clerk of the court in which the suit is to be
commenced, a praecipe or memorandum, stating the
names ofthe parties, the nature of the action and the a-
mount ef the debt or damages fir which he sues; which

prmccipe shall be signed by the plaintiff or his attorney;
Caps orsumn and it shall bethe duty of the clerk, upon the receipt of
inonsadre- such prrcipe or memorandum, to mairc out therefromn a
when.l onn. ,writ of capias or a sulllons ad respondtndendm, which
served. shall be called the original ; and which shall be served by
the Marshal, Sheriff or other officer, as tha case may be,
at least ten days before the first day of the term ttiwhich
the same is made retuinable.
Sec. 5. Be it further enacted, That it shall be the duty
of the clerk to deliver to the Marshal, Sheriff or other
A copy to be officer with the original writ, or summnons, a copy for
made lbr eacl;
defendant. each defendant therein named, and the service of the
same shall be effected by reading the writ or sumn ons
to the defendant, or delivering him a -copy thereof, or
Service. leaving such copy at his usual place of abode, with some
.person of the family, above the age of fifteen years, and
No bail allow- 'informing such person of the contents thereof, and no
ed. person shall be required to give bail for his, or her ap-
pearance to any original writ or summons emaal:ti!ng
from a court of law.
Sec. 6. Be it further enacted, That it shall be the duty
Clerks to of the Clerks of said courts to transcribe into their me-
transcribe morandum books any praecipe filed with them previous
to their issuing tbe original writ or sutmmons, and to
;make in said books a similar memorandum of every
.cause commenced by attachment as aforesaid ; which
Date thereof. precipe or memorandum shall bear date on the day
when the said p ricipe'is received by the clerk, or when
the affidavit is filed with him, to obtain a process against
the estate of the defendant; and the said dates shall, for
all legal purposes, be considered the true time at which
said suits were actually brought.
Sec. 7. Be it further enacted, That all process shall
run in the nar', and by the authority ofthe territory of
Process how Florida, and shall bear test in the name of the presiding
andsigned. judge of the court, and be signed by the clerk, and bear
date when issued. And when not otherwise provided
for by law, all process shall be returnable to the next en-
suing term of the court, fiom which it issued.
Sec. 8. Be it further enacted, That wblnever a plain-
Non-resident tiffor complainant, who is a non-resident, shall conm-
plaintiffsto on- mence a suit in any of the courts of this Territory, it shall
ter secinrit;" tor
cbsts be the duty of himself, or his agent, or attorney, previ-
ons to suing out the original process, to file, with the cleri
of the court i', which daid s-lii is to' b brought, bond

,Itii approved security in the sum o one hundred iol-
: rs1, conditioned tfo the payment of all costs and charges : n thiilre ai
tilich may he adjudged against him it said slit: and up- tri"ey lit'L'
Sal a failure to tile .;sch bond ani seeturity as alit.resaid,
;Iec attorney bringing or prosecuting said suit, shall be
a~: blo tor said costs and charges; and if adjudged against
-uaid plaintiff, an execution may issue against -aid attor-
'icy for the same.
Sec. 9. Be it fiirther enacted, That when any original
process is placed in the hands of the Maurshal, :hierifi or Piocp~sronrrn
other officer tbr service, and he shall from any cause '"not exec-
f:ili to execute the same, at least ten days before the
.iisliunm term of the court to which the same is returna-
ble, it siall be his duty to return the same "not execu-
red," with the reasons for such failure : and if such rea-
-ons be insitticient, such officer .-iiail be liable to a fine,
not exceeding fifty dollars, at the discretion of the court,
and shall also be liableto the party injured tbr all costs
and damages thereby incurred and sustained ; and ifanv
original process shall be suited out within ten days of the
then ensuing term of the court, the same shall be made
irturnable to the term next ensuing after the expiration
(,f the said ten days, and not otherwise.
Sec. 10. Be it furtherenacted, That no suit shall be
brought to any of the Superior courts of this territory a- ,itt be
against any person residing therein, unless the same be in- brought in the
*titutcd in the judicial district and county, in which the c(:ouy and
District where
defendant resides : Provided, there be a Superior court the Defiedant
established d by law in the county in which the defendant resides.
resides; except in cases brought against two or more de-
'endants residing in different judicial districts, then, and
in that case, it shall be lawful for the plaintiff or com-
plainant to commence his action in either district; and he Exception
may instruct the clerk to issue an additional original and
copies, to be directed to the Marshal of the district in
which the other defendants reside ; and it shall be the
duty of the said Marshal, upon the receipt of said origin-
al and copies, (provided his fees are previously paid by
the plaintiff,) to serve the same and to return the origi-
nal with the proper entries thereon to the office whence
it issued.
Sec. 11. Be it further enacted, That no suit shall be County courts
suits to be
brought to any of the county courts of this Territory a- brought in
.laist any person residing therein, unless the same be County wvlher
instituted in the county in which the defendant resides, ndatefnar

except in cases brought naainst two or more defendants
Exc'eption. residing in different counties, then, and in that case, it
shall be lawful for the plaintiff to commence his action in
either county, and lie may instruct the clerk to issue an
additional original and copies, to be directed to the sher-
iff of the county in which the otherAefendants reside; and
it shall be the duty of said sheriff, upon the receipt of
said original and copies, (his eecs being previously paid by
the plaintiff.) to serve the said copies and to return the
original with the proper entries thereon' to the office
whence it issued: Provided, that nothing herein con-
tained shall be construed to prevent any coplaiinant
from commencing his suit in an adjoining county iu the
same district, when there shall be no court of competent
jurisdiction organized in the county in which the defin-
dant resides.
Sec. 12. Be it further enacted, That when an oriLin-
Processan al writ or summons, has been sued out against two or
gaint two and more detiendants, and returned by the Marshal, Sheriff
or other officer served upon one or more of the defend-
IHow plaintiff ants, and that the other defendants do not reside in said
may proceed. district or county, as the case may be, it shall be lawful
for the plaintiff, at his option, to proceed to judgement
against those upon whom, process has been served, or to
obtain from the court time to perfect service, riid to or-
der additional originals and copies to be directed to the
Marshals or Sheriffs of the districts or counties in w;>ic;,
the other defendants reside, to be served and returned
as is directed in this act.
Sec. 13. Be it further enacted, That when any origi-
Service on nai process is sued out against several persons compo-
nlerc:anule sing a mercantile or other firm, the service of said pro-
cess on any one member of said firm, shall be as valid as
if served upon each individual member thcreof ; and the
plaintiff may, after service upon any one member as a-
foresaid, proceed to judgment and execution against
them all.
rocca- Sec. 14. Be it further enacted, That when any pro-
Proces a-
g :intnh cess returnable to a Superior court, shall issue against
'ar^l.l how the Marshal of said court, the same shall be directed to,
ser.d c and executed by, the sheriff of the county in which the
said court shlll be held.
Sc-. 1. 1Bi it further enacted, That when any Mar-
:shIl or Sherii' of any District, or County in this Territo-
7 ;. !-I! die, lis executors, administrators or other rep-

ti1)

:esentativc shall hand over to his successors in office,
kingg a receipt for the same, all the papers in the pos- I.i caseofdea-th
:-ession of, and belonging to such decedant, as Marshal ot ire M:r.iii
or Sheriff. And if in any case, a successor should not or c!ftl"l.
be qualified in due time to serve or execute the process
of the Court, the deputy of such deceased Marshal or
Sheriff, if there should be one, or some other person,
shall be employed by an order from the Judge of the Su-
perior or County Court, to receive from the representa-
tives of the decedant and execute all process, which re-
imained in his possession at the time of his decease.
Sec. 16. Be it further -enacted, That the Marshals of "utv of
each district, and the Sheriffs of each county, shall at frills oande-
tie expiration of their respective terms of office, turn oirationof
over to their successors, by schedule, (taking their re- 'leir office.
ceipts for the same) all such writs and processes as shall
mainn in their hands unexecuted and their successors in
office shall duly execute and return the same.-And in
case any Marshal or Sheriffshall neglect or refuse to turn -Penalty for re,
zfousal or io.
over such process in manner aforesaid, every such Mar- !cct.
slial or Sheriff so neglecting or refusing, and their secu-
rities, shall be liable to make such satisfaction, by damage
and costs, to the party aggrieved, as he, she or they shall
sustain by reason of such neglect or refusal ; and every
Marshal or Sheriff, at the expiration of his said appoint-
ment, shall also deliver up to his successor the bodies of,.
all persons which he holds in confinement by legal pro-
cess, with the precepts, warrants or causes of such con-
fimenent ; and the succeeding Marshal or Sheriff shall
be empowered, and is hereby required, to sell and carry.
into effect any levy made by his predecessor in office, Successor to
carry into ef-
in like manner as the former Marshal or Sheriff could fict all levies
have done, had he continued therein; and shall make ti- &c.
ties to the purchasers for all the property sold under ex-
ecution or other process, and aot conveyed by his pre-
decessor.
Sec. 17. Be ii further enacted, That if from any cause
the Marshal or Sheriff of a Superior or County court shall Marshal or
tiil to attend any term of the same, either in person or tl failing
by deputy, the said court shall direct the coroner of the
county to attend and perform the duties of the Marshal
or Sheriff of said court; and the said coroner shall be Coroner to act
entitled to receive for his services five dollars for each a:ld how paid.
day lie shall attend during the continuance of the term,
, be paid. by the Mu.arshal o ..: t failing to nttend( a

(32)

aforesaid, and which may be recovered in any court hav-
inlgjurisdiction of the same; and shall, moreover, also be
entitled to the fees allowed by law for any services per-
forined by him, while acting as aforesaid ; and the acts
of the spid coroner, done as aforesaid, shall be as legal,
and valid, as if the sam;i had been performed by the
said Marshal or .Sheriff in person, or by deputy duly ap-
pointed.
Sec. 18. Br it fvriter enacted, That the Marsshals,
Officers ser- Sheriffs and other officers in this Territory, shall in all
ving profess
to note time cases, note iupnil process issuing from the offices of the
&c. clerks of the superior and county courts, the time when
the same came to hand, the time when it was executed
Sand si.-n the same, and on failure thereof, shall be sub-
ject lo a fine not exceeding ten dollars.
See. 1). H!' i1 furlthr enacted, That it shall be the
Appparamnce (dty of the so id superior and county courts at each term
,iockct. thereof. after the other business of the term shall have
li'w !! disposed of, to call over all the causes returnable to
that term and standing upon the appearance docket, and
to make such orders and entries therein as shall be found
'necevssarv in relation thereto.
Sec. ')t. Be it fir:ther enacted, That in all actions
brought to any of the Superior or County courts of tin-
l)e(i;ara'ion Territory, whether the same be commenced by original
l to L" process airainst the person, or against the estate of the
defendant, it shall be the duty of the plaintiff or his attor-
ney, to file with the clerk his declaration on or before
the first day of the term to which his action is made re-
T.me for pie< t:i'rnable; and it shall be the duty of the defendant or his
lug. attorney, to plead, answer or demur thereto, previous to
the calling of the appearance docket at the same term:
if a demurrerf e filed to said plaintiffs declaration, it
shall be the duty of the defendant or his attorney to give
notice thereofto the plaintiff or his attorney, in time to
take issue thereon before the calling of the appearance.
docket; and the said demurrer shall be argued when thI -
Ifmnm'rerrC cause is called up on the appearance dociet as aforesaid,
Iotire1t I): andI dccidel at the same term. unless the c,;irt shall
v0cl thiii~k 'rope' r to continue it until the ensuin, telii. and l,1
other issues shall be made up by the tine ihe ca te i
called in its order for trial.
mec. 21. Be it 'tirtihcr enachJd, That in all cia-'
standing upoi tihe ai 'an'':i c(' it docket at i eI callii': :
.h; s:mnw. t, which thier., i nio pona. an.iwer or dthuairr.

(S)

field the court s.hal, upon motion of the plaioAiiT or hi.
attomr;,v, give a j'ldl-ment by default, andi.may imimedii- Judrmntl
ntrlv refer the srme to a jury to assess the damag..s ; default.
but ifithe said action be found upon. any liquidated de-
mnld not roqririnm the introduction of a witness or wit-
nesses to establish the same, tie court may direct the
clerk to asse-'s the damages and to issue execinion accor-
dingly.
Sec. 22. B" if Fr ';', nac.tc.l, That when the name
ofan atrtornev oftilh court is placed upon the appear- Appea nee.
-an!c docket a; counsel fir the delf danlt, it shall be con- by -
sidered so ihr equivalent to filing the general issue, as to L-
prevcnt a jzinTment i.y default, though no plea or answer
be in faut filed in sail cause.
S.c. 2.i. tBe it fiurher enacted, That no plea in abate- 'pin b'l
I 11-11t v' be on,
merit or oh'ir diintorv plea or any plea denying" the sig- oau'.
n.'ture 'of" d:'fenda:it to an\y bomdi, n!oe or otlimr instri-
meni ot' writing shall be received qy ciiher of said courts,
uiles- the same be put in on oath, and im'ed before the
cause is called upon the appearant-- docket.
Sc%. 2-1. i3c i.i ftrtiecr enacdl', That ll promissory Fo.rr and ef
notEC and other inlstru'll eins cv;':'itin_ not under seal, fi t promis-
EhaU iha-ve the same foree and effect as bonds and instru- sory nltes &
mncits iundr sci ; and it sha:l not be necessary for the
paiittff t!o pruave the executioni of ;: ,1, note o- 01.:-
cr initruinont of writing, purpi);orti::, to have ibeeni signed
by the defenda:t, .no: the con-:id:1:ria:i: fior wiCil the
samei was given unless the same shall be denied ly piea
p:at in and til-d as aforesaid: Provided, 'hat nolhini ivn
tils act shall prevent an executor or adtiinistr:-tor from
deyin igt tlhe execution atfresAid, or f:ron pleading a
want or failure of consideration, if he sih:il gi'vc in wri-
ting reasonable noTrie of such intention to the plaintiff,
hLis agent or attorney.
Sec. 25. Be it furfter enr: ':!1, That no declaration
or! other pleading shall be abated or quashed for any de- No pleadingto
fe(t in matter of form, nor for any clerical mistake or o- be !o.abdrefor
ti i'sion inot afr c ti,;n the real merits of the causc ; but defect fiibrm
the samni, upon motion, tmny Ie amendcJid without deiay
nr o.;t, if there ii, a -,rind -vnd sufficient- cause of action,
or ofdeftcnee substUantialiv set forth in the dcciaration, or
i/i ii r jpii.:;!
S(:- ,'2 1: -' further c/.;",ct: '\ha~ in ani e ,s h efndan'
h,'oll,.. .r d." c "' n ts may plead no' t a4 i ;i," trrs of n "'
v or m d m -- tr(l t( ;"
i:;w 0" {%,"*, { c, ... [_o 0:" ~: ?. i11!:- dc:."l !!r,os. 'iyx :,, D1Fn::

(34)

his, her or their defence ; and it.shall be no objection to
any plea that it is contradictory to any other plea filed by
the same party in the same cause.
Sec. 27. Be itfurther enacted, That no demurrer, ci-
Demurrer, ef- their at law or in equiNy, shall be considered as an admis-
feet of &c. sion of the facts set forth in the Tleadings demurred to,
so as to bar the person dernurrirn from any substantial
claim or defence which he mig -Kave urged if said de-
murrer had not been filed.
Sec. 28. Be itfurther enacted, That no suit in any
suigiren of said courts shall abate by the death of either party,
abated. where the cause of action would in any case survive to
tic executor or administrator ; but the same shall pro-
~eed as if such party had not died, under the following
regulations and restrictions : when a plaintiff shall die,
How to pro- "the executor or administrator of such plaintiff shall with-
eeed after
death party. in three months after probate ofthe willor taking out let-
ters of administration give notice to the defendants by
suing out a scire facial, to be issued by the clerk and ex-
ecuted in the manner hereinbefore pointed out for the
service of process ; and in cases where the defendant
shall die, it shall be lawful for the plaintiff to sue out a
scire facias in manner aforesaid, immediately after the
expiration of six months, requiring such executor or ad-
ministrator to appear and answer to the said cause.
Sec. 29. Bc it further enacted, That when any copart-
ner of a mercantile or other firm shall die during the
One Copart- pendency of any suit, either in favour of or against said
her dying
cause topro- firm, the same shall be ,uggettcd of record, and the cause
ceed. shall proceed in the name ofthe survivor or survivors.
Sec. 30. Be itfurther enacted,- That hereafter, all ac-
W at ;ns tions for personal injuries, shall die with the person, to
abate by death wit, assault and batteries, slander false imprisonment
of parties. and malicious prosecutions' ll Wt oleactions shall and
may be maintained in the name of the representatives of
the deceased.
Sec. 31. Be it further enacted, That if any female
Fe;ale plair- plaintiff shall marry pending a suit, her marriage shall
Stmfifoanryi:g be noticed on the record, and her husband made a p: r-
pening suit. t thereto, and the cause shall;proceed according to
law.
Infants how to S'.. 32. Be it further enacted, That infants may sue
sue. by their next friends in all cases whatsoever, and idiots
andm iunatic~ by their guardians: Provided, that before
Proviso. an. suit be brought by the next friend, it shall be his or

her duty to file bond and security with the cklrk, condi-
tioned to appropriate the amount which may be recov-
ered in said suit, (after the expenses of recovering the
,anec are paid) to the i!ae and benefit of said infiat.
S'c. 33. Be it further e.acted, That it shall not be Fxerution of
!ni'c r tlry for any person who suies upon any bond, note, d .,ere &
covenant, deed, bill oflexchange, or other writing, where- ,"'ln to be
by money is promised (-,secured to be paid, to prove ihe
execution of such bond, note covenant, deed, bill of ex-
change, or other writing unless the same shall be denied
by the defendant under oath.
Sec. 34. Be it further rnactd, That the assignment i`ecto a
or enOlorsemncit ofany of the foreinentioned instruments 1igniments.
of writing shall vest the assignee or endorse thereof
with the same rights, powers and capacities as might
have been possessed by the assignor or endorser. And
the assignee or endorse may bring suit in his own name, When n c(s-
nor shall it be necessary for the assignce or endorsee of sary to prove
any instrument assignable by law to set forth in the de- o"sl'ro
claration the consideration, uponi which smlch assignment
or endorsement was made, nor to prove such consider
tion, unless the same sail be impeached by the defend-
ant under oath.
Sec. 35. Be iffurther enacted, That all bonds, notes, Bons, &cor
bills of exchange, covenants and accounts, upon which copyt' b otfiled
suit may be brought, or a copy thereof shall be tiled
with the declaration.
Sec. 36. Be itfurther enacted, That a scrawl afixed selawl,
asa sea to any instrument shall be as effectual as a

Sec. 37. Be it further enacted, That in all suits cogniz-
able in the Superior Courts, when either of the parties Change ofe.
shall fear that he will not receive a fair trial, in the court allowed.
where it is depending on count of the judge of the
Court where the suit is depending being interested or
prejudiced, or that the adverse party has an undue influ-
ence over the minds of the inhabitants ofthe County,
where the suit is depending, or that the petitioner is so
odious that he cannot expl.i a fair trial, the said part
may petition thejudgffoftthe Superior Court tor ia cii ia'e
ot the vt,,~; of such cause, distinctly setting fhrth ic ,tin and
cause of such fear, and suppul ,I by his affidavit or af- dii!o,,it
firnation, previous notatce ofsuch application, and the ..
time and place of hearing the same, being given-to the
I':verse parrty, or his attorney, on M.!:;i i, t! il the

(36)

judge may under his hand award a change of renzc, an~d
order the clerk of the Court ihere tie suit is depending
Duty of ler'rk to send forwardtlhe paper,- in the suit, by some fit person
wI;en suit is to the Superior Court of the next convenient county or
c"lilg." district, as the jude may direct, and the clerkk of s'uch
court shfalteceive them, and give a reiccipt therefor, and
docket the suit in order, anu .tl court shall have full
authority and jurisdiction %ia'rd subpoenas for wit-
messes, and.to enforce their attentunce to grant rules
and commissions for the taking of depsitios ; to hear
and determine Yle said controversy, tp awara executioii,
and to do every thing relating therettl,-which the Court,
from which the suit was removed .ighlt have done :
Prov:is. Provided, that no change of venue shall take place, so as
to have the cause snct to either of the Counties where the
parties or either of them Rside, nor hall there be mere
than one removal of the same cause.
Sec. .3. Be if further euiacted, That when the atten-
Cl'irk to I'ue dance of any person shall be e quired as a witnUes in any
writs of sub-
roe;:. of the courts aforesaid in any cause depending &herchi, it
shail be the duty of the le.rk of the said courts reIspect-
ively on application, to issue writs of sulbpna, directed
to ite-persons whose attendance shall be required, w~ei
Pormnthereof. such persons reside wtithnl'the county in which such
cause may Le depending ; which writ of subpoena shall
contain the names of the partie'i in the causeand state it
whose ips-tance it is issued,and shall be served on such
witnesss at least three days before the court to which it
shall be retutr:nable ; which writ shall 1! served-h' tire
marshal, sheriffrr other officer, as the case may be.

Defaulting Sec 39. Bce t further enacted, That when it shlil ap-
witness, reme- pear in manner afoesaid, that a wFitness in any cause
ly against. has been duly summoned, acid such witness shall fail to
appear, it shall be -the duty ofthe couit, on motion, to or-
der an attachment against such. defaulting witness, re-
turnable at such time as the Court may direct-; ani, up-
on the return of such attachment, the said Court may
fine such witness in any sun not exceeding one iinmdred
dollars, unless he or she shalfiemke a suificient excu.,
for such nol-attendance, to bL djudzed of by the court ;
and the said witness iall also be sulject to tle aciioit
of the person at whose suit he or she shall have iei>
sumiToneld for any amdir a e li wC:I ic h, sih- r they mliin-;
liav.e gtained h'- rea?? f su o!'tt attcndam:ce.

(87)

Sec. 40. T'- it uterther enacted, That when a subpoena
shail be serve! on any witness in coumfir:r-ity to this act, Duty ofwitf
it hall ht the duty of the person so si uiinonred to attend i .n
from day to day, until the cause in which such witilnes gou.
has been summoned; is tried or dKirirwise disposed of,
uldless he shall sooner be discharged from fkatlher atten-
dance.
Sec. 41. Be it further enacted, That on the last day Pva ofa wit-
of the attendance ofany witness in each term, it shull ,,a.
be lawful for such witness to exhibit his account on o.'lh
against the person or persons at whose instance he or
she may have been summoned, and the clerk of the court
shall examine- and sign the same, and administer tle Clerk shall
said oath, and such account so signed, shall have the examine and
Ssign account.
force and effect of an execution, and may be levied upon-
the goods and chattels of the-party in like manner as in Effect thereof.
cases of other executions Provided, nevertheless, that
such w witness shill have the right, at his option, to defer
making out his account, until the suit in which he shall.
be sumnimoed af afoxesaid is determined and have the Proviso
same taWd in the bi!l of cost ; and Provided, also, that
where any witness shall Jiarge and levy more than is
really due, such riiness shaii forfeit and pay to the par-
ty injured, four times the amount so unjustly claimed.

Sbc 42. Be it further enacted, That when any party
shall have paid the accounts of his, her or theirwittness. Amount peid
for attendance, previous to the determination of any suit, ,i cess by
he may, if he succeed said slt, have the same tax- .urces'il par-
ed in the Iill of costs against the unsuccessful party : i liblirfcst.d
Provided, that no party cast in tny .uit, hall be taxed
for more than the costs of two v. ILnsse-s to any material
point in the c..u-e, nqid ihe' unsucge.f'il- prity may re-
quire the court to cert i. ic' number ofwitnesses sworn Proviso.
to each inateijal point inthe cause at the instance of his
adversary. .
Sec. 43. Be ift ,ritr/R tO, d, That no officer, for any
civil case, shall arre r .at6 minister of religion licensed ministerspri-
accoruini to the r is'sect, while such minister veged from
shall ie publicly pe' g, or p'r':,l'frli' religious wor- hie
,lip in any church ii house oirlthc-r pace of re- service.i
ligious worship ; i.ncTJi'y officer ,o ~~iTnding and he-
i:.:g thcreofconvicted, hall )e f:el ;ni; iini-risoned at
the discretion ofthc coui t, t!ec fine in no case to receed
one hulnirecl dihlArs, or thle imlprironueHit ten days, and

(38)

shall, moreover, be liable to the action of the party nm-
rested.
Civil process Sec. 44. Be it further enacted, That no person or
not to be ex- persons, upon the first day of the week called Sunday,
ecuted on
Sunday. shall serve or execute, or cause to be served or executed,
any writ, process or warrant, order, judgment or decree,
except in criminal cases, or for a breach of the peace ;
but the service of every such process, order, warrant,
judgment or decree, shall be void to all intents and pur-
poses whatsoever ; and the person or persons so serving
or executing the same, shall be liable to the suit of the
party angrieved, and to answer damages to hin for so
Proviso i doing thereof, as if he or they had done the same with-
cise ofbsocon- out any writ, process, warrant, order, judgment or de-
dingdebtor. cree ; Provided, that if information shall be made by
the oaths of two respectable persons to any justice ofthe
peace or magistrate of any corporate town, that they
have good reason to believe that any person liable to
have any such process, warrant, order, judgment or de-
cree served upon him, intends to withdraw himself and
escape from this territory under cover of protection 'of
the said first day of the week called Sunday, in thut
case, it shall be lawful for any officer duly authorized,
being furnished with a certificate of such information up-
on oath as aforesaid, under the hand of tlejustice of the
peace or magistrate as aforesaid, to serve or execute
such process, warrant, order, judgment or decree on the
said first day of the week called Sunday, which shall be
as valid and effectually done to aHl legal intents and 1pur-
poses, as if the same had been done on any other day of
the week.
set ofi, how See. 45. Be it further enacted, That in all actions to
adwheid' to be which the defendant or defendants may intend to plead
a set off, he siie or they shall at the time o' filing the
pica, file therewith a true copy or copies of the subject
matter of such set off. and upon the trial ofthe cause, iu
case the jury shall find a balance for the defendant or
defendants, such defendant or defendants nrll. claim :
judgment for the same, and take out execution accord-
in *y.
Sec. 4G. Bc il furi',cr enacted, That all dcht'- or d.;
Subjects of set rnmalnis mtLutuaily existing between the parties at tiie coni-
mlencmentt oft iie action, whether the same lie iiqtid,-
ted or not, sihali le proper suleictt ,f set (2f awl Ianiy be
p'cl d.:d acror< ii'.ngl-.

(39)

S'ec. 47. Be it further enacted, That all cnses brought
-ithier to the Superior or County Courts of this Terri- Time oftrial
0.orv. shall island for trial at the term next succeeding: the causes.
uiie to which they are made returnable, provided the pro-
;csses therein have been duly executed, and not before,
x\celpt in such cases as judgments by default are herein
authorised to be taken.
Sec. 48. P' it further rnarted, That at the trial of all Peremptory
causes brought to the superior or county courts, either cihallueges.
party shall have the rihlit to'challenge peremptorily
bour jurors,and as many more as he can shew good cause
for.
Sec. 49. Be it further enacted, Tiht the courts may
direct the summoning ot'jurors de mediaatue ling'uae both Jrie.de me-
in civil and criminal cases, and appoint interpreters
when necessary who shall be sworn to interpret truly.
Sec. .50. Be it further enacted, That the court may in
its discretion give leave to a party to amend his declara- Deratin,
tion or other pleading in a cause at any time before the & nhen a-
case is submitted to the jury : Provided, that the party mendable.
asking the priviledge shall be required to make his or her
amendment instanter; and provided als6, that if the pro-
posed amendment be in matter of substance and not of
form, the other party shall have the right to claim a con-
tinuance.

Sec. 51. Be it further enacted, That all judgmentsnteret
shall have interest, from the rendition thereof until paid, judgniets.
at the rate of six per cent per annumn.
Sec. 52. Be it further enacted, That no motion for a
new trial, or in arrest of judgment, shall be made unless
the party intending to make the same shall lite his rca- Motions for
sons with the clerk in writing, and cause his motion to new trial&c.
be placed upon the motion docket, within four days aftcr
the verdict shall have been rendered, and during the
same term. nor shall any motion for a new trial, or in
arrest of judgment standing over from one term to ano- When asu-
ther, operate as a supersedeas, unless so ordered by the persedeas.
court.
Sec. 53. Be it further enacted, That in no case shall a
capias ad satisfaciendum be issued by the clerk upon
judgment ofthe court, nor shall the body of any defend- No Cai Sa.
allowed in any
ant be subject to arrest or conticnement for the payment chil ause.
of money, except it be for fines imposed by la;ful au-
thority.

(40)

Sec. 54. Be i fur!her enacted, Tha:t un judgment, af-
Jongment af- ter the verdict of a jury, or an award of a bitrator-,
"-ter verdict shall be stayed or reversed for any defect or default in
- when to be
starved or re- the original writ, or 0or a variance between the writ aniid
versed. dcct'ation, or for any inispleading, insufficient picading,
or misjoini)g of the issue, or'for any faulty count in a
declaration, where the same declaration contains one
count or more which is or are good, or for any informali-
.ffeet o an ar- ty in entering up the judgment by the clerk; and when a
rent orf11ag judliment is arrested, thoplaintiff shall not be conmelled
to bring a new suit, provided the first writ or summons
shall be sufficient, but the court may order new pleadings
to c.Ioiiience, vhic(re i '. error causing the arrest began,
and die ptrL cohmImitig it shall be liable to the costs
occaio ned thereby.,,:
Sec. 55.. Be itfurther tautIed, That all cases brought
to a superior court upon wrTs of error, or to a superior
1i oa -fro or county court'by Certiorari, shull be tried upon the re-
cord sent lup) from the court below; and ia all such cases
it shall be the duty of tie plaintiff in error pr certiorari
to assign hiscrrors, and file them with the cl'rh of the
As.r"nlcent of court on or before the first day of the term, to which the
errors. case is made returnable; and cvery case brought up as
aforesaid, shall stand for trial at the term to which it is
r neinrid.
S M:. 56. Be it ffvrthir enacted, That no appeal nor
Whien.,) oper- writ of error, nor certiorari shimll olpc tc, as a stnperse-
W'e a super- deas until the costs of the first trial are paid, dait tie ap-
isepe;l:t, or plaintitiin error or, ertiorari shail Lave gir-
en bond and security for,the ~tceltlial costs and condem-
natiuio money, but in all cases where the appellant shall
succeed on the trial ofbis appeal, or the plaintiff in error
or ce;rtiorari shall succeed in his cause, he shall recover
back the costs paid as ifoireSfTd, to be.taxed in the bill
with the other costs of t; e case. .
Sec. 57. Be it further enacted, That all motie5l made
one upon executions in this territory, shall be paid to the at-
u, be paid tornme of the party, it w-hose favour execution si-ill
the attorn, luave issued. And the reeei~t of said attorney shall idl-
iy, and altogether release and acquit the oiicer so paying
over the money as aforesaid, from all claims or dcn.a::;,'
whatsoever which may be made upon him in right or try
virtue of said execution. And in any cape wlhen ti(,
name of more than ono attoracy sh-all appear upon the
rec.o!;'d of tii court, thc)qoney slall be paid to lthe at-

(41)

,orncv, who originally commenced the suit, or to him
Shlio made the orit.inal defence.
;'ec. 58. Be it firtti'r ena( tl, That whenever security r,,,,i.
is required by this ;ac to be taken, ani tile person taking :'"'
t' 4ime is not acqtu.'inted with the situation of the se-
'-:ritv tendered, it shali be his duty to require him or
th1em to justify on oath, and such justification shall exon-
:rate the person taking the security t'.iii all liability for
any insufficiency in security.
Sec. 59. Be it further enacted, Tliat it shall be the
duty of the clerks of the several courts of record in thiL DutyvoClerkj
territory resp;eetively, to keep all papers filpo in their re- i" keeping p..
.spect;ve offices with tile utmost care auu security, ar- pe.
ranged iji h~i :lpo;in inte tiles, (endorsing upon each
=the time when ,hie' -a Ii- 'ts filed) and all the pleadings
in each cause shall be-attached together with tape or rib-
band, and kept distinct from the- other papers in- fte
case ; and papers of different kinds shall not'be mixed
and folded up loosely toitether, but .each description of
papers shall.be kept on file with other papers of tl4e sanle I. wv they 1v
c;:ss, and no clw'k of ary:oftiie said courts, shail permit
any attorney or other person to take papers once filed
out of the office of said clerk without the leave of the
court,
Sec. GO. Be it further enacted, That the clerks of iLe erkso
several courts of tnis territory siail keep regular and c. 'n.okeep.
fair minutes of all the proceedings of said cou its, winch ni':uis iopro:
-hali be signed by the judge before tLe adjournientl f -tit mg.
Ihei term. The said clerks shall also keep a coininc;n
law appearance docket, upon which sliall be enter cl ail
the causes brought to each term, and a coiiiiConl law tri-
al docket, upon which ishll be entered, all tile causes
standing over for trial at each term, together with the
names of the attorneys employed in each cause and the
entries made by the court upon the appearance do, iet ; And doc -,.
and a motion docket upon which slall be entered, by the
attorney, all motions wflich are intended to be-subnAtted
to the court, and whiehb'-dckets shall be cahied over at
each term in their regular order.
Sec. 61. Be it further enacted, That it shall also be
the duty of said clerks to keep a sheriff report docket, shltries report
upon which shall be entered all cases of illegality, and do"t"et.
claims to Iroperty returned to c,:urt i3y :ie iu;it rsihal,
sheriff or other officer ; and an execution tit i.tt, LtUl tiou indother
w Ilhichil s llt bhe entered nll elecu'tionis isc.t leld -'i' I ., ; .

(42)

'ind the return ;nti-ie thereon; also appeal and certiorari
dockets, upon which shali be placed all appeals and cwr-
tioraris returnable to said courts respectively: a1mi an! -
quitydocket, upon wu-hich shall be entered all causes
brought to said courts ih ile sittmn' as courts of ch;!i:.."" .
and a subpacna docket, and a dccket fur criminal cases ;
all of.vhich dockets shall be regularly kept, and sh;:l Le
in court during every term thereof, while in session.
Sec. 20. Be it ftrtllr rn/r'entd, That if any marshal
.'~i:;alh.Cler or clerk of a superior, or sheriifor clerk of a county court,
tyo imalprac- t their deputies, shall be guilty of extortion or other
twice m ontice. ijal practice in the execution of his office, upon complaint
made on oath to the attorney prosecuting for the territo-
ry, it shall be the duty of such attorney to exhibit to the
grand jury a bill of indictment against the person so
offending, and if the said bill of indictment be found true.
and upon the traverse the person so indicted be fou:d
guilty, it shall be the duty of the court to impose a fiec
upon him in treble the amount of his extortion, and re-
move said sheriff, or clerk from office, and his couniin-
sioi. shall from thenceforth be null and void.
Sec. 63 Be it further enacted, "'1It in all actions ot
Lce!i,. n q(uare clausum fregit hereafter to be brought, where the
,, .K' Tr- defendant or defendants shall disclaim, in his or ler ple:,
p, -. nV -. any title or cluai: to the land in \w which the ti espass i sjup-
uMn ttle W c' posed to be done by the declaration, and the trespass be
by neI'ligence, or involuntary, the defendant or defend-
ants shlMl be admitted to plead a di-clainmer, and that the
trespass u vas by neg1'ligence or imoiiunt 0 r), ain a tended
or other oflir of satlicient amends, fur such tresj)ass, be-
fore tile action brought, whlereIIj on or upon soloe of
them thel plainmiit' or plaintiis shall be coilnpelieI to join
issue, and it' lie said issue be found for tlie defendant or
defendants-, the plai tiff'or plaintiii; ::hall be noi -suited,
and no suit shall ever be maintained ior the same.

Sec. (.I. IR! i/t /flrlher enanre'I. Ti.;, in L ; a;, every
1L ,n )\al oi' sp 'Ci i 'e t a 'tils ( !of llill('o(i' I Llany < ;l' d"- nta : ri' -. havin- im i !diction thcircoi'; if tIh" l4I',C'Jnd!it
tei b:li CnIv-
"ca,:d- c na iit all remove Gut of the countiiiy V ,: lii
;u cti': w. conaneit;''t. aundl the anice shail Le certiith d
: riti' or o!i r P i to; ', the roc(':- 0 ;,-
it "'.', '!, Ai Sii of i;;\ic r m o n i i.'u ;! im i aS V"ih m or tlli-

(43)

to the sheriff or other proper officer of any county in this
Terrritory.
Sec. 65. iBLeit further enactd, Thaf hereafter, every Slandler, v ord
charge of incest, fornication and dtaterysifade by any "actionble
"" ..- qr ,-" 2. r7 SO.
citizen of this.Territory against one of the- female sex,
shall be placed upon the same rfeaig as other.'harges
of a criminal nature, for which an action wiilf lie vcord-
ing to the principlesof the common law ; andLthat all and
every person or'persons, for whom an action woulR, lie,
for the speaking of scandaloiis words, may have ald4
maintainan action of slsnder.foi trhe speaking of w6rtl
6ontainirgj~ charge of the commission of the offences a-
fore anid, of gr of them, subject to the like principal),
rTlll, a5 r iou-s as are observed in tier actionso'o
la ;:,nlerous ivotsQ.'
See. 66.' Ble it fi'cther enacted, Thtitif an a ction-at Plaiintifffi oiin
'aw, the plaintiff onit to tlak*jpd*rg,.aglintla tdefeni- to talkcAu,.
djint or defefdnntitr, for failin- to pled, W hen by the fore- aut.
going provisions he might so take jud gient, the defend-
ant or 4.efet0lrit may at any time hi6fnoi a wrjt of en-
quIrv isitivarded tAd final judgment given, plead anyu Dr -e-nda n
pleas, the filing of which is not by this cti-imited to the sPlv lue:
Crest term,'but where such ploa or ts' are filed, the term.
plaintiff may waive his right 'of trial at that term, and
h.tve a general continuance of t'fi cause.
Sec. 67. Be itfurther enacted, That all powers of at-
torney for confessing or suffering judgment to pass by rowers of;:
defiult o' otlrerwi'e, and all general relcisec of error, t"rnev ti., cc
Sfess udgnrc
male or to be made Iy any. person or persons whatsoever, Ac.
witlip this territory, before action brought, shall be and
are hereby, declared to be absolutely null and void.
Sec. G6. Be it further enacted, That if any court re-
fuse to sign a bill of exceptions, when the same is Billorexcept
tendered to them for that purpose, it shall be lawful for tions, the
tlree'persons to sign the same, in the presence of the courtrefus :
said judge, and also that the same was presented to the
judge, and hle refused to sign it, which bill shall be as va-
lid, and hawe the same force, as though it were signed by
the judge of said court ; and the court shall permit the
same to be filcd, and become a part of the recoird.-And
if the Judge iefiues to let the same be filed as afores-aid,
the court of appeals may, when such cause is brought be-
fore them, by writ of crror or appeal, upon affidavit of
of isuch refusal, admit such bill of exceptions as a part of
the record.

(44)

Sec. G9. Be it further enacted, That in all actions
Judgment on wlii.ch, shall be brought upon any bond or bonds, for pay-
bonds. nreit of money, v.1herein tec plaiatiff!hall recover, judg-
ment sh4ll be entered for the penalty of such bond, to be
discharged by paynirit of the principal and interest due
there,on, and the other costs of suit,, and execution shall
isue thereon accordingly.
*Sec. 70. Be it further enacted, That every person de-
Non-suit sirous.of suffering a non-suit on trial, shall be barred
therefrom, unless he do so before the jury retire from the
ar. -
Sec. 71. Be it further enal'c'd, That in all cases the
C'cstu party recovering the judgment shall recover also6, all his
legal costs and charges, and shall ha~ e xcotrtlin &or the
Parpe, provided this section shall not beoQnstrued to re-
lat4 to exgcutors.- i administrators in cases wherein by
]lawheyare not Ird 1. to costs of suit.
Sec. 7'2: .e irtiutier enacted, That.no person being
convicted 6f p'erjury, although he be pardoned or punish-
Vhoanot c' for the same, i;altbe a witness in atiy Quit, bill, ac-
Vc a Aitness. lion, or indicncimct in any of the Courts of this Territo-

Passed 21st"Ndivrycbr, 1828.
PETER ALBA.
President of the Legislative Council.
THOSE. MUNROE, Clerk.
.Approvid oremnber 23rd. 1828.
WM. P. DUVAL,
Governor of the Territory of Florida.

AN ACT

Regulating the mode of suing out of writs of errol' and
prosecuting appeals in the court of Appeals ofthe
Territory of Florida.

3e it enacted tly the Governor and Legislative C(ouMli!
ofthe Territo;r/q 'of For/ida, That ifa part i i eitlhr of
Sr te Superior Courts of this Territory shall fee! aggrimved
Appeal from
thp, Superior by a final judgilent, sentence or decree mnide or pro-
ou'rt. nounced by any or either ot' said court, it shall and may
be lawfid for such Im'riv t the tlimt \wi:cl siiuch jiugd] enit.
sentence or decree is rendered or pronounced, or within

(45)
ten lays days thereafter to obtain in cou.lt if the appeal
be made in term time, or in the clerks office, ifit be made
in vacation his,:h or their agpeal to the court of appeals
authorised andenacted and create ;y the act of Con-
gress, entitled "an act to antend IVrAt," entitled "an act
for the establishment of the Ter"trijal" 13overnmentl of
Florida, and for other purposes i' d an appeal duly ob-
tainedshallin all cases operate a supersedes.
Sec. 2. B&it further enacted, That it shall be the dn- Py apeal.
ty of-tle sag~ Superior Courtsto reqtiire of the -party ap- bond.
peulingk:i'4aintifft a bond.with one or more se.cmities in
a sum sufficientto cover all the costs which have accru-
ed or may agcrue, and if defendant, a bond with one or
more sgojtiesh i a sum sufficient to cover the amount for
which judgmient'has been given, decree being' render- Condition
ed or a sentence pronounced together with all costs, con-
ditionedt; that the appellant shall pay the cost ifplain-
tiffor ifdefendant,tbe debt lthtinu or condemnation,
and costs in cast the judgment sentence or decree of the
Superior Cpurt stall be confined by the said court of ap-
peals."
cSc. 3. Be it further enacted, That if the said appeal Ien ,oi,
be applied for in term time the aplpttion shall be made be appr ..'
in open court and it shall (i so ittated by the clerk of fy;i .,hi'U
said Superior Court, upon the recorl, and the appeal cle".
bon( shall be approved of by thc judge; but if the ap-
peal be applied for in vacation, the said appeal bond shall
be approved of by the clerk and at least twenty five days
notice of such appeal shall be given to the appellee before
the term of the said court of appeals at which said appeal
is to be tried. .
Sec. 4. 1B it further enacted, That it shall be the duty AppelIan ti.
of the party appellant to demand from the clerk a-trite o ,jroce',.
copy of all proceedings in such cause in the said Superi- and to i;e ai
or Court, and to file with the clerk of the court of A same in t
peals, on or before the first day of the next succeeding peals.
term thereof unless the said next succeeding term shall
commence within thirty day~ after the obtaining of said
appeal. and then the said appeal shall be entered as soon
after the firstday of the next succeeding term thereafter
of said Court of AppeJals, as will admit of twenty days Certificate
notice thereof being given. and in either case, if tie said appI'e:
party appellant faiil to file ti.' proceedings is a foresaid,
it shall and may be l;h\ful for the adverse partv on pro-
ducing a certificate from the clerk of the court below.

that an appeal has been obtained,'and ti Jond given n.
aforesaid, ton ove the said court of Appeals that the
said appeal be annulled,'and fof tif.-said court of ap-
peals there pon, unless satisfactory cause be immedi-
ately shewn for su'h default, to order and adjudge that
the same be annulled and made entirely.void, and upon
the receipts of the said order-and judgment, certified by
the clerk of the said clerk of the court below shall proceed to issue execution
as well for the costs and damages which rMy have ac-
trued in said court of Appeals, as for the debit'r dama-
ges or condemnation, and costs for which a judgment,
sentence or decree was originally pronounced.
Sec. 5. Be itffurther enacted, That when "an appeal
Duty of the shall have been duly filed with the clerk of the Court of
Cmuir ofApr Appeals in manner aforesaid, it shall be the duty of the
na,'5 in exam- Judges-of the said court to exaininethe record to reverse
tig record &.c.
Record or aCtirm, the judgment, sentence or decree of the Court
below, to award a new trial in the Court below, or to
give such judgment, sentence or decrFe as the Court be-
low otught to have given, or as to them may appear ac-
cording to law.
Sec. 6 Be it..further enacted, That the said court
of Appeals may upon the payment of the costs in the
Coour orAp- equrt of Appeals, order the record- of the judgment, sen-
,I:; lil, CsLe tence or decree appealed from, with their decision and
itio ,-. determination therceon,-in writing duly certified, to be re-
mitted tothe said Superior Court, and the said decision
and diitermination shall be duly carried into execution
,"~nd e' by tie officers of said Superior Courts or the said Court
ofLappeals may itself award execution to carry into efiect
its decision and determination. .
Sec. 7. Be it further enacted, That all writs of error
Vrits of error, in the final judgment or decision of any of the Superior
how. i-ucdaud Courts of this Territory, shall be tested in the name of
tested. the presiding judge of said court of appeals, and shall
issue on demand as a matterof right from the office of
the clerk of the said court of Appeals, but no writ of er-
ror shall operate as a supersedeas unless by a special or-
Viw'e the der of said Court, or some judge thereof, made upon in-
sFA)e Shall op-
rate s s'ctin a copy of the record i-nd the plaintiff in error by
p-:edas. himnsellf'und a resonsible person in his behalf, entering
in tlie clerks oficc ofeither lhe court of Appeals, or the
Sa:!n''ior Court into a bond in double the sum recovered
iti tie court below, or double the amount of the costs if

(47)

the plaintiff below be the plaintiffin error, also with one
.r more sufficient sureties to he approved oif thle jiige
., clerk of said court, conditioned for thedue proste't:ilon
' i be i:uit in error rand in case of the atifr!ru' iiice otf t Ie
judgment, topuyi the defendant in error the condeiiua-
tion and costs, whtn such order is made and security giv-
en us aforesaid, the.said clerk shall endorse on such
writ of error that it shall be a supersedeas and the said
writ and an endorsement shall be obeyed as such, sus-
pending all further proceeding in relation to said judg-
ment, inand by the officers of the said Superior Court.
Sec. :.'Be itfurther enacted, That the plaintiii'n r- Asignmennt
ror shall file in the said court ofAppeals his assiguii-. t It e'ors to be
of errors within three days after the return of the writ.
Ifthis beomiited, except for good cause thereon, the
raid writ of error shall on motion of the defendant in er-
ror be non pressed, unless the said court siill allow fur-
ther time.
Sec. 9. Be it further ,'ti n,/,. That the said c!erk of
the court of Appets~ shall at the time of issuing the said
writ of error, also issue to the idefndant in error a; s e cir e- irone
facias to hear errors which shall be i.ade returnaile cias
rwiththe said writ ofei ror, and no judgment shallbe
rendered by the said court ofAppeals, unlets it shaii ap-
pear by the return ofthe proper otlicer upon the said
scirefacias, that the same was served on the dcfenduat
in errr r r if said defendant be a non resident, or be not Service.
in the Territory, then upon his legally authorized uglent
or his attorney in the court below, at-least twenty live
days previous to the first day of the term of the said court
of Appeals. .,
Sec. 10. Be it further enacted, That all writs of Limitaion of
error on judgments in cihii actions shall be sued cut and writs ofenor.
taken within two years from the date of said judgments:
Provided, that where any iYont, feme covert or person Proviso.
non coitpos mentis shall be a party i jd et in any udg t rov
civil action, two years shall bh allowed to such intent,. Le-
nie covert or person non compos mentis after the respec-
tive disabilities are removed in which to sue out his, her
or their writ of eror on any judgment as aifreu:;id.
Sec. 11. Be itfurlh r natctcd, That the said court of Crtf 0
Appeals shall have power to iss-ue wi its of an;damniaus, pai's.
quo warranto, prohilitiol, a;lid t q:tfilai htabeas
corpus a.td procedmlldo, iad shall !pos,(sas tiad exerce-e a
general superintcndirg coutro! cvt th!e 'pcericr coiurt4

(48)

and the official acts ofthe officers of the Superior Court-
an d i'tiie sheriff of the respective counties in this Ter-
ritory, in serving process and notices, @hall have the same
authenticity in the court of appeals as in their own courts
respectively.
To, r Sec. 12. Be it further enacted, Thtq-the said court of
To m=>ke rules
....... or appeals shall have power, and it shall be its dutv to
S wperri-r make all necessary rules for the regulation of the prac-
C:ou''. tice of the Superior and County Courts, as yell as for the
s;ihi court ofappeals, which said rulesso pade, shall be
suibmiitted to the Lezislative Council at tht session there-
of next after the making of such rules, and the said rules
if approved of by the Legislative Council, shall after such
approval, have the force effect and authority of laws.
Passed 6th November, 1828.
PETER ALBA,
President of the Legislative Council
TIIO;. 3IL IAROE, Cierk.
Approved Aovembcr 121h, 1,28.
WM. DUVAL,
Governor of the Territory of Florida.

AN ACT.

Relating to Crimes and Mlisdenmanors.

Be if ci(aacrl bI' lthe Gorernor alid Lrgisla/ire Council
Crime or mis- f f the Tcrritory/ of Florida, That a Crime or lM isdemean
demeanor. or shall he ldee(-iid to consist in a violation of a puillic
law, in the commission ofCh.ih there shall be an union
orjoint operation ofact and intention, or criminal ne-
gligence, the intention being manifested by the circum-
st;ices connected, with the perpetration of the orltene,
and the sound mind and digretion of the person accus-
ed.
See. 2. Be it furlther enacted, That a person shall bo
Sound mind. co!l.iicire. ofsouird mind, who is-neither an idiot, a lI-
natic or electedd Iy insanity, or who hath arrived to the
age o ibtiiteii yearns, or before that age, if such person
know the disiiiction between good and evil.
bc.e. :t. ;c i! f;irth ci e:cted, That neither an id-iot
ILom". Juinaic-:, r I ch iii' iiier -:r. 'e of niinie ye.'tr sh.ll be foiiid
, inc.qpaiie 't'ii v' olfnii criiiQ v.-ii ii viwich lie o(r she 1 t:I io ch(ii ed,
noi crime.t or
lnor d:: ll at f ti c of p(,I-ol i,1snleL without lucid ilter--

(49)
nals be found guilty, if the act charged as criminal shall
have been committed in the condition of such such luna-
cy or insanity.
Sec. 4. Be it further enacted, That any person coun- Advising in-
selling, advising or encouraging an infant under the age rant to commit
of nine years, lunatic or idiot to commit an offence, a me.
shall be prosecuted for such offence when committed as
principal, and if found guilty suffer the same punish-
ment as if he or she had been the perpetrator.
Sec. 5. Be it further enacted, That a feme covert or
married woman acting under the threats, command or acting uder
coercion of her husband shall not be found guilty of any the coercion of
crime or misdemeanor not punished by death, but the husband.
husband shall be prosecuted as principal and receive the
same punishment which otherwise would have been in-
flicted on the wife, if she had been found guilty: Provi-
ded, it shall appear from all the facts and circumstan-
stances of the case, that violent threats, commands and
coercion were used.
Sec. 6 Be it further exacted, That drunkenness shall Drunkenness.
not be an excuse for any crime or misdemeanor, unless
such drunkenness was occasioned by the fraud, artifice or
contrivance of other person or persons for the purpose of
having a crime perpetrated, and then the person or per-
sons so causing such drunkenness for such malignant
purpose shall be considered a principal or principals, and
suffer the same punishment as would have been inflicted
on the person or persons committing the offence, if he,
she or they had been possessed of sound reason and dis-
cretion.
Sec. 7. Be it further enacted,, That no person shall be
found guilty of any crime or misdemeanor committed by accident.
misfortune or accident, and where it satisfactorily ap-
pears, that there was no evil design or intention, or cul-
pable neglect, and no person committing a crime or mis-
demeanor under threats or'menaces, which sufficiently Threatsor
shew that his or her life or member was in danger, or menaces.
that he or she had reasonable cause to believe, and did
actually believe, that his or her life or member was in
danger, shall be found guilty, and such threats and me-
naces being proved and established, the person or per-
sons compelling by said threats and menaces, the com-
mission of the offence shall be considered a principal or
principals, and suffer the same punishment as if he, she
or they had perpetrated the offence.

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Sec. R. Be it further enacted, That a slave commni-
Slave acting ting a crime, (wh'ih if committed by a free white per-
undercoercion son would not be punishable by this act with death) by
Owner to be e ththreats, command or co ercoeu cf his or her owner or
punished. any person exercising or assuming authority over such
slave shall not be found guilty, and it appearing from
all the facts and circumstances of the case that the crime
was committed by the threats, commands and coercion
of the owner or the person exercising or assuming au-
thority over such-slave, he or she, the said owner or the
person shall be prosecuted for, and if found guilty of the
crime, shall suffer the same punishment, as he cr she,
the said owner or other person would have incurred, if
he or she or otler person had actually committed the of-
fence with which the same is charged.
Sec. 9. eB it flurlh'r enacted, That an accessary shall
Accessary. be deemed to be a person who stands by, aids and assists,
or who ;not being preset aiding, abetting or assisting,
hath advised and encouraged the perpetration of a crime,
or the person who after full knowledge that the crime
has been committed, conceals it from the magistrate,
and harbours and protects the person charged with or
found guilty of the same.
Sec. 10. Ee it further enacted, That if any person or
Exciting an persons shall excite an Insurection, or revolt of slaves, or
isurrecion of shall attempt by writing, speaking or otherwise to excite
an insurrection or revolt of slaves, he, she or they so of-
fending, shall on conviction thereof suffer death, and
every accessary thereof, shall pay a fine not ex-
ceeding one thousand dollar, be imprisoned for a term
not exceeding one year and whipped not exceeding thir-
ty nine strip eS.
Sec. 11. Be it further enacted, That murder shall be
Murder. deemed the unlawful killing of a human being, in the
peace of the Territory, with malice a fore-thought, ei-
ther express or implied, the punishment of murder shall
be death.
Sec. 12. Be it further enacted, That manslauzihtei
Man-slaughteri shalll 1e deemed to be the killingg of a human creaturc,
without malice express or implied, and without any mix-
tntre of dehil'eration whatever, it must be voluntary upon
a suhdtdin heat of p!assioln, or involuntary in the coiiii--
oi]un~ r in of' fan unlawvfi l act or a lawful act without due cau-
ii ;i or circ1LinspTcCtion. In ail cases of violutary nian-
s't lllhtc', there inust be sor:e actual assault upon tlh

jil)

person killing, or an attempt by the person killed, to
commit a serious personal injury on the person killing:
provocation by words, threats, menaces or contemptuous
gestures, shall be in no case sufficient to tree the person
killing, from the guilt and crime of murder ; The kil-
ling must be the result of that sudden violent impulse of
passion, supposed to be irresistablc, for if there should
appear to have been an interval between the assault or
provocation given and the homicide, sufficient for the
voice of reason and humanity to be heard, the killing
shall be attributed to deliberate revenge and punished us
murder; voluntary man-slaughter shall be punished by a How punished
line not exceeding one thousand dollars, or by whipping
not exceeding thirty nine stripes and imprisonment not
exceeding twelve months, at the discretion of the court.
Sec. 13. Be it further enacted, That involuntary man- Inv1ountary
slaughter shaal be deemed to consist in the killing of a n"an"-iaughet"
human being without an intention to do so but in the
commission of an unlawful act, or a lawful act, which
probably might produce such a consequence, in an un-
lawful manner: Provided always, that where such invol-
untary killing shall happen in the commission of an un-
l;wful act, which in its consequences not usually tends
to destroy the life of a human being, or is committed in
the prosecution of a felonious or riotous intent, the of-
fence shall be deemed and adjudged as murder ; Invol-
untary man-slaughter in the commission of an unlawful Howpunished
act, shall be punished by a fine not exceeding eight hun-
diecd dollars, or by whipping not exceeding thirty nine
stripes, and imprisonment not exceeding six months, at
tile discretion of the court. Involuntary man-slaughter
in the commission or performance of a lawful act where
there has not been observed necessary discretion and
caution, shall be punished by a fine not exceeding four
hundred dollars, or by whipping not exceeding thirty
nine stripes, or imprisonment not exceeding six months
at the discretion of the court.
Sec. 14. Be itfurther enacted, That justifiable hom-
icide shall be deemed to consist in killing a human heing Justifiable
in self defence, or in defence of habitation, property or
person against one who manifestly intends or endeavours
by violence or surpriseto commit a known felony, such as
murder, rape, robbery, burglary and the like, upon ei-
ther or against any person, .who manifestly intends or
endeavours in a riotous and tumultuous manner, to enter

(52)

the habitation of another for the purpose of assaulting
or offering personal violence to any person dwelling or
being therein: Provided, that a bare fear of any of
those offences, to prevent which, the homicide is alleged
to have been committed, shall not be sufficient to justify
the killing; it must appear that the circumstances were
sufficient to excite the fears of n reasonable man, and
that the party killing really acted under the influence of
those fears, and not in the spirit of revenge.
Sec. 15. Be it further enacted, That if any person
invades, or trespasses on the property or habitation of
Killing tres- another not with an intention to commit felony, the kil-
passer, when ling shall be murder, man-slaughter, or justifiable homi-
Justifiable.
cide, according to the circumstances of the case, and if
any person in his defence kill another, it must appear
that the danger was so urgent and pressing that in order
to save his own life, the killing hlie other was absolutely
necessary, and it must appear also, that the person kil-
led was the assailant, or that the slayer had really, and in
good faith endeavoured to decline any further struggle
before the mortal blow was given, and in no case shall a
person be justified for the killing of another under the
pretence of necessity, unless he were wlolly without
fault imputable by law, in bringing that necessity upon
himself.
Sec. 16. Be it further enacted, That the killing of a
Killing slave slave in the act of revolt, shall be deemed justifiable
in theactof homicide, and in cases wherein by persuasion, remon--
revolt. stance or other gentle measures used, a forcible attack
and invasion on the property or habitation of another
cannot be prevented, it shall be justifiable homicide to
kill the person so forcibly attacking and invading the
Killing inne- property or habitation of another; but it must appear
cessar protec-
tion ofhouse. that such killing was absolutely necessary to prevent
such attack and invasion, and that a serious injury was
intended or might accrue to the person, property or fim-
ily of the person killing, and all other instances whihL
stand upon the same footing of reason and justice as
those enumerated, shall be juititiiable homicide, and
the homicide appearing to be so justifiable, the person
indicted shall, upon his trial be fully acquitted and dis-
charged.
Sec. 17. Be it further enact:d, Tlit if any person
shall be charged with voluntary or involuntary man-
slaughter, it shall be lawful for the attorney or solicitor

(53)

prosecuting, to charge the felony and misdemeanor in
the same indictment, and thejuiry by whom tle said per-
son shall be tried may find said person guilty of either
charge.
Sec. 18. Be it further enacted, That mayhem shall be a;yhem
deemed to consist, in unlawfully depriving a human be-
ing of a member of his body, or disfiguring or rendering
it useless, and if any person shall unlawfully cut or disa-
ble the tongue, pull out a tooth, put out an eye, slit the
nose, ear, or lip or cut off, or disfigure any other limb,
or member of another, with an intention in so doing to
nmai or disfigure such person, X whether in the act of
figzlitin. or otherwise, the person so offending shall be
deemed guilty of mayhem, and on a conviction thereof,
shall suffer a fine not exceeding one thousand dollars, or How punished
whipped not exceeding thirty nine stripes or imprison-
ment not exceeding six months at the discretion of the
court.
Sec. 19. Bc it further enacted, That rape shall be Rape.
deemed to consist, in the carnal knowledge of a female How punished
forcibly, and against her will, and the offender shall on
conviction be punished with death. An assault with in- Assault with
tent to commit a rape, shall be punished by a fine not ex- intent tocom-
mit a rape.
cceding one thousand dollars, or whipping not exceeding Punisment.
thirty nine stripes, and standing on a pillory one hour at
the discretion of-the court.
Sec 20. Be it further enacted, That an assault shall Assault.
be deemed to consist, in an attempt to commit a violent
injury on the person of another ; a bare assault shall How punished
be punished by a fine not exceeding one hundred dol-
lars at the discretion of the jury; an assault with in-
tent to murder, by shooting or stabbing, or using any intettomur
weapon likely to produce death, shall be punished by a. der.
fine not-exceeding one thousand dollars, at the discre-
tion of the jury; all other assaults upon, or attempts a- How punised
against persons, not mentioned or enumerated in this Other assaults.
code, shall be punished by a fine not exceeding one hun-
dred dollars at the discretion of the jury.
Sec. 21. Be it further enacted, That battery shall Battery
be deemed to consist, in a person unlawfully beating an-
other, and any person thereof convicted shall be punish- Iowpunished
od by a fine not exceeding one thousand dollars, at the
discretion of the jury.
Sec. 22. Be it further enacted, That false imprison-
jneut shall be deemed to consist, in the violation of the aonmntpris

(54)

personal iiberiy of a free person, Pnd any person being
convicted ofarresting, confining o;' de'aenii)g, iny other
free person, without having some process, warrant or
legal authority to jilutify such arrest, confinement or de-
Ilow punislIcd tention, shall be piuisihed with a fine not excceding one
thousand dollars ;it the discretion of the jury.
Sec. 23. Be it further enacted, That arson shall be
deemed, to be malicious burning of the dwelling house
Arson or outhouse of ano her, and any person being Convicted
of wilfully and maliciously burning or setting ii;e to, or
In a ci-r how attempting to burn a house in a city. town or vil!Lge,
punialed. shall be punished with death ; and any person b!ei:ig con-
victed of wilfully and maliciously setting firt; to, ( at-
tempting to burn, any house or out hoise, in any other
Not inaciy, place than in a city, town or village, shall be punished
how pnisd by a fine not exceeding five hundred dolbUnr and whip-
ping not exceeding thirty nine stripes, at the discretion
which produ- f the Court : and arson committed Ce:sCw h3re tiani in a
ces death, city, town or village, which produces the death of any
person, shall be punished with death h.
Sec 24. Be if further ciacctd, That burglary shall
be deemed to be the entering with intent to commit a
Burglary. felony, into a dwelling or mansion house, or into any
out house contiguous to, rnd within the curtilege or pro-
fcction of the same, or into a hired room or apartment
in a public tavern, inn, or boarding house, and any per-
flow punished son convicted thereof shall be punished by standing on
the pillory for one hour, and a fine not exceeding five
hundred dollars or whipping not exceeding thirty nine
stripes, at the discretion of the court. ,
Sec. 25. le it further enacted, That robbery shall be
Robbery. deemed to consist, in feloniously and violently taking of
money, goods or other property from the person of ano-
ther, by force or intimidation, and any person being
thereof convicted shall be punished by a fine not excecd-
IIowpunished ing five hundred dollars, and whipping not exceeding
thirty nine stripes, at the discretion of the court.
Sec. 26. Be ip further enacted, That larceny shall be
deemed to consist, in feloniously taking and carrying a-
Larceny. wav, or stealing the property of another, or the neans
or muniments, wvherchv the right and title to property
may be ascertained; and ,ny person convicted of steal-
IHorse stealing inZ a horse or other ani.a:;l, whose feet are not cloven,
Punishment sh l "ay a fine not exceeding one thousand dollars, and
be whipped not cxcecding thirty uine -crips, at the di'-

(55)

Sretion of the court ; and the indictment for such offence
shall charge horse stealing, and shall designate the sex
olr other !escripton of the animal, whereby its identity Cow stealing.
may be ascertained : any person convicted of stealing a
cow or other horned animal, having its hoofs cloven,. ex-
cept hogs, shall pay a fine not exceeding two hundred
dollars, and be whipped not exceeding thirty nine stripes, PunisLment.
at the discretion of the court, and the indictment for
such offence shall charge cattle stealing, and shall con-
tain such description of the animal stolen as shalli-
dentify it to thc owner or owners thereof: any person Hogstealing.
convicted of stealing a hog or hogs, or any other domes-
tid animal or animals, creature or creatures, shall pay a
fine not exceeding twenty dollars or he whipped not ex-
ceedinPthirty nine stripes, or be imprisoned not exceed- Punishment.
in; two months, at the discretion of the court. If any
person shall alter or change, the mark or brand of any Alteringmarks
animal, with an intent to claim the same, or to prevent or brands &c.
identification by the true owner or owners thereof, the Punishment.
person so offending shall suffer the same punishment,
the court exercise the same discretion as is inflicted and
given, for the theft of such animal.
Sec. 27. Be it further enacted, That if any person Stealing mnn.
shall be convicted of stealing ny paper or papers, deeds imets of title
or other writings, relating to real or personal estate, with &c.
an intention to impair, prevent or render difficult the Cancelling or
establishment of t title to real or personal estate, or mu- burning &o
tilate, cancel burn or otherwise destroy said papers, docu- the same.
ments, deeds or writings with the same intention, such
person shall be deemed guilty of larceny, and shall suf-
fer, by being fined in a sum not exceeding two thousand
dollars, and imprisonment for a time not exceeding six Punishment
months; and if any person shall be convicted of steal-
ing any bond or bonds, note or notes, Bill or Bills of Ex- Stealingbonds
change, bank note or bank notes, or a note or notes issu-
ed by any corporation, or other paper or papers securing
the payment of money, or other thing,-or any legal me-
dium of exchange, or-ifa receipt or receipts, or any pa- Howpunished
per or papers, operating as a discharge for the payment
of mohey, or other thing, such offender shall be punish-
ed in the same manner as he would have been, if h *had
stolen the money or other thing or things, which the t
Stealing a
said documents or any of them s. stolen, were meant to slave.
secure; any person being committed of stealing a slave
or of enticing or of giving a pass, or of using any other

(56)

means of inducement to any slave to runaway, or of aid-
)-aaishment, il ', assisting or abetting aly save to runaN\\ o-r Cther-
wise causing a loss of labour of such slave to his or her
owner or owners shall be fined ani punished not exceed-
ing one thousand dollars, and imprisonment for a term
not exceeding six months, for each and every slave, at
tile discretion of the court.
Sec. 28. Be it further enacted, That if any person
Larceny from shall be convicted of entering or breaking any house,
the house, other than a dwelling honse, or its appurtenances, with an
intent to steal, or after entering or breaking said house,
stealing therefrom any money, goods, chattels, wares,
merchandize or any other thing or things of value what-
ever, such offender shall be punished by a fine not ex-
ceeding five hundred dollars, or whipped not exceeding
thirty nine stripes, or imprisoned not exceeding six
Puni ,nent. months, at the discretion of the court: and any person
convicted of entering or breaking, a house or building,
as before described with intent to steal, but who is de-
tected and prevented from so doing, shall be punished
by a whipping not exceeding thirty nine stripes, or im-
prisonment not exceeding four months, at the discre-
tion of the court.
Sec. 29. Be it further enacted, That if any servant,
Pubiic officers officer or person employed in any public department of
or servants,
destroying or this Territory, or any county thereof, or in any office of
SI.-, a corporate body shall embezzle, steal, secrete or frau-
n I dulently take and carry away, or burn, tear or destroy
any money, goods, chattels, effects, bond or bonds, note
or notes, or any other security for the payment of money
of whatever description it may be, being the property of
the Territory, county or corporate body, such offender
shall on conviction be punished by a fine not exceeding
uniment. one thousand dollars, or thirty nine stripes, or imprison-
Other thefts. Inmet not exceeding twelve months, at the discretion of
the court : and any person convicted of the theft of any
other thin or things; not herein specified, shall be fined
and punished not exceeding five hundred dollars, or
Hownunihed thirty nine stripes, or imprisonment not exceeding six
months, at the discretion of the court.
-;,c. 30. Be it furlicbr enacted, That if any person
shall know ingrl, maliciously or fraudulently cut, fell, al-
.\Alteringand ter, or remove, any certain boundary tree, or other allo -
mar.s ed land mark, to the wroun ofilis neighbour, or any oth(r
person he or she shall, on conviction be punished by a

iue not exceeding five hundred dollars, or thirty nine Howpunitshe
stripes, or imprisonment not exceeding six months, at the
discretion ofthe court.
Sec. 31. Be it further enacted, That if any person
shall falsely make, forge, alter or counterfeit, or willing- Counterfeiting
lv act or assist, in falsely making, forging or counter- reasurycer
citing any order or warrant, issued or purporting to have
been issued, by the Governor, or by any officer of the
government or authorised person, on the Treasury of
this Territory, for any money or other thing, or any
certificate, draft, warrant or order from any of the pub-
lic officers of this Territory, issued or purporting to have
been issued, under or by virtue of any act or resolution
of the Legislative Council, or any certificate, draft, or-
der or warrant issued, or purporting to have been issu-
ed, by any court, officer or person authorised to draw on
the Treasury of this Territory, or for public money Oranydeed
wherever the same may be deposited, or any deed, will, boad &c.
testament, bond, writing obligatory, bills of exchange,
promissory note, or order for money, or goods or acouit-
tance or receipt or indorsment, or assignment of any
bond, writing obligatory, bill of exchange, promissory
note or order for money or goods, with intent to defraud
the said Territory, public officer or officers, courts or
any persons authorised, or any person or persons what-
ever; or shall utter or publish as true, any false, forged, Orshall uter
true, such
altered, counterfeited audited certificate, Governor's or counerfeit
other public officer' s, court's or person's duly authorised certificate &c:
certificate, drafts, warrant or order so as aforesaid issu-
ed, or purporting to have been issued, or any deed, will,
testament, bond, writing obligatory, bill of exchange,
promissory note, or order for money, or goods or acquit-
tance and receipt for money, or goods or any endorse-
ment or assignment of any bond, writing obligatory, bill
of' exchange, promissory note, or order for money or
goods, with intent to defraud this Territory, or the pub-
lic officers, Court or persons authorised, or any person
or persons whatsoever, knowing the same to be so false-
ly made, forged, altered or counterfeited, every such per-
son or person so offending, and being convicted thereof, Howpuuished
shall be punished by a fine not exceeding one thousand
dollars or imprisonment not exceeding twelve months,
and stripes not exceeding thirty nine, at the discretion of
the court.
Sec. 32. Be it further enacted, That if any person

(58)
shnll f-lsely or fraudulently make, forge or counterfeit,
Porgins or or e co.!:erned in tile false, fraudulent making, forging
ioouI:e:-.eimn :., ccumrifeitin- of any gold, silver or copper coin,
'. .. :,now is, or shua be nassins, or in circulation with-
Ors.n ts:ier In this Territory, or shall false!v and fraudulently make,
said coin. or be concerned in the false and fraudulent making, of
any base coin, of the !ikeness or similitude of any gold,
silver ;r coijper coin, which now is or shall be passing,
or in :irculation within this Territory, or shall falsely and
frauduieiitly utter, publish, pay or tender in payment,
any such counterfeit and base coin ofgold, silver or cop-
per, or any base coin, knowing the same to be forged and
Or aid abet counterfeited, or base; or shall aid or abet, counsel or com-
&c. mand, the perpetration of either of the said crimes, such
person shall, on conviction, be punished by exposure on
owpunihed a pillory four hours and a fine of one thousand dollars; or
whipping" not exceeding thirty nine stripes and imprison-
ment not exceeding twelve months, at the discretion of
the court.
Sec. 33. Be it further enacted, That if any person
Co ..nt shn:l] falsely and fraudulently make, sign or print; or be
bank notes. concerned in the false and fraudulent making, signing or
printing, any counterfeit note or bill of a Bank of this
Territory, or bill of any incorporated bank, whose notes
or bills are in circulation in this Territory, or falsely and
Or causing it fraudulently cause, or procure the same to be done, such
tobe done. person on conviction, shall be punished by exposure on a
pillory for three hours, and a fine not exceeding one
thousand dollars, or whipping L.ot exceeding thirty nine
Howpunished stripes, and imprisonment not exceeding twelve months,
at the discretion of the court.
Sec. 34. Be it farther enacted, That if any person
shall falsely and fraudulently make, sign or print, or be
Counterfeiting concerned in the false and fraudulent making, signing or
draftson bnks printing of any check or draft, upon any bank of the
Orcausing it Territory, or bank as aforesaid, or falsely or fraudulent-
tobedone. ly cause, or procure the same to be done, such per-
son on conviction shall suffer tie same punishment,
Iow uunsheld as is mentioned for the crime in the preceding sec-
tion.
Alterin. en- Sec. 35. Bc it further enacted, That if any person
ume banak shall fals ei and trauduleltly aiter, or be concerned i1i
nites, ,. the fial.t i, nd fr:.udulent alteration. of aly genuine note,
bill, check, or drafi n ais ulrcai;u, or dil-siy and fraudu-
lently cause or procure thi same to be done, the person ske

(k59)

irfendina shall suffer the same punishment as is nreutri- I')w pnnisheii
ied for tne crime of falselyv ind friu.iulently making,
signingg and printing any bank hil'ori note.
Sec. 36. Be it further enacrtid, That if any person
hall falsely and fraudulently pass, pay or tender in pay- -soing con.
ment, utter, or publish, any false, forged, counterfeit or &c.
altered Bank Note or notes, or bill of any incorporated
or company, or any note, bill, check, or draft as afore-
-'nid, knowing the same to have been falsely, and fraud-
ulently forged, counterfeited or altered, the person so Ilowpunished4
offending, shall upon conviction, be pmiisled by a fine
not exceeding one thousand dollars, or whipping not ex-
ceeeing thirty nine stripes, or imprisonment not exceed-
ing twelve months, at the discretion of the court.

Sec. 37. Be it further enacted, That if any person Having sueh
shall have in his or her possession any such false, forged, oibrad notes i
counterfeit or altered note, or notes, bill or bills, draft or n-'s -
drafts, check or checks, with intention, fraudulently to leut intent.
pass the same, such person or persons, on conviction,
shall be punished by a fine not exceeding one thousand
dollars, or whipped not exceeding thirty nine stripes, and How punished
imprisonment not exceeding six months at the discretion
of the court.
Sec. 38. Be it further enacted, That if any person
shall have in his or her possession, any bank paper, types, session tpes,
plates or machinery, for the purpose of falsely or fraud- machineryv&
ulently forging and counterfeiting, any notes bills, checks with flra"da-
or drafts as aforesaid, the person so offending, shall be lent intent.
punished by a fine not exceeding one thousand dollars, Itow punished
or whipping not exceeding thirty-nine stripes, or impris-
onment not exceeding six months, at the discretion of
the court.
Sec. 39. Be it further enacted, That if any person Counterfeiting
shall falsely and fraudulently make, forge, counterfeit or noiej, draft
alter, any note, bill, draft or check of, or on any person, duals "di
body corporate, company or mercantile firm or house, or
purporting to be so, or fraudulently and falsely utter,
publish, pass, pay or tender the same in payment, or de-
mand payment of the same, knowing the said bill, note,
draft or check, to be forged and counterfeit, or falsely
and fraudulently altered, such person so offending, shall How punished
be punished by exposure two hours on a pilory, and a
fine not exceeding seven hundred dollars, or whipping not
exceeding thirty nine stripes, or imprisonment not

(60)

exceeding twelve months, at the discretion of tht
C illrt.
Sec. 40. Be if further enacted, That if any person
Forging other shall fraudulently make, sign or alter, or be concerned in
Writings, the fraudulent making, signing or altering any other
writing, with intent to defraud any person or persons,
or body corporate; or shall fraudulently cause or procure
the same to be done, the person or persons so offending,
Howpunished shall on conviction, be punished by exposure two hours
on the pillory, and a tine not exceeding five hundred
dollars, or whipping not exceeding thirty nine stripe, or
imprisonment not exceeding six months, at the the dis-
cretion of the court.
Sec. 41. Be it further enacted, That if any person
Counterfeiting shall falsely and fraudulently forge or counterfeit, or
theseal ol" the
Territory. falsely be concerned in the forging, and counterfeiting
the great seal of this Territory, or any seal used for the
Government purposcv, the public and common seal of
any court, office, county, or corporation, or any other
Or causing it seal authorized by law; or, shall falsely and fraudulent-
tobe done. ly cause, or procure the same to be forged and counter-
feited; or shall falsely and fraudulently, and knowingly
impress, or cause to be impressed, any instrument what-
ever, whether the same be written or printed, or partly
written and printed, or partly written and partly printed
with such forged and counterfeit seal; or shall talsely,
fraudulently and knowingly annex, or affix, or cause to
be annexed or affixed, to any such instrument, such for-
ged and counterfeit seal, or, shall falsely and fraudulent-
ly utter, or publish any instrument, or writing whatever,
impressed with such forged and counterfeit seal, know-
ing the same to be forged and counterfeit, the person
offending shall be punished, by exposure two hours on
IIowpunished the pillory, and a fine not exceeding five hundred dollars,
or imprisonment not exceeding six months, or whipping
not exceeding thirty nine stripes, at the discretion of the
court.
Sec. 42. Be it further enacted, That any person who
shall draw or make a bill of exeha~lie, or promissory
Dexchare &e note, or indorse or accept of the same in a fictitious
In 'ictitous name, shall be guilty of forgery, and on conviction, b(:
name. punished by exposure in the pillory two hours, and a tine
w p d not exceeding five hundred dollkos, or imprisonment ino
owpuned exceeding s-ix month:', or w hippi. ct exceeding thirt'
nine stripes, at the discretion of tlu court.

:See. 43. Be it farther ennaeld, That if any person
shall ,ut il. own name to any instrilnment, representing False repre;
hlimnsii to oe a different person of that name, such per- 'senta"ton.
0on s;Iali be zalilt of forgery ; ani it' any person sail
desit-nediy, by colour of any counterfeit letter or writing,
made in any other persons name or ti iitious name, ob-
tain from any person, money, goods, chattels or other
valuable thing, with intent to defraud any person, mer-
cantile house, or body corporate of the same, the person
so offending as specified in this section, shall be punish- How punisheii
ed, by exposure on a pillory two hours, and a line not
exceeding five hundred dollars, or wliipping not exceed-
ing thirty line stripes, and imprisonment not exceeding
twelve months, at the discretion of the court.
Sec. 44. Be it further enacted, That if any person Purjury.
shall wilfully and corruptly, commit perjury, or shall by
any means procure, or suborn any person to commit Subornation a
wiliul and corrupt perjury, on his or her oath or alfirmia- pjury.
tion, legally administered, in any judicial proceeding,
matter or cause, which may be depending in any of the
courts of this Territory, or before any Judge, Justice,
Mayor, Alderman or other magistrate, or before any
Notary public, Arbitrator or Clerk, or in any deposition,
or affidavit taken for any purpose whatever, or in any
deposition taken pursuant to the laws of this Territory,
or of the rules, orders and directions, ofany court, judge
or arbitration, or if any person in taking any other oath
or affirmation required by law, shall be guilty of wilfully
and corruptly making t false oath or affirmation; or if
any person shall procure or suborn any person, to make
any such false oath or affirmation, every person so of-
fending shall on conviction, be punished by exposure on How punisiled
the pillory two hours, and a fine not exceeding five hun-
dred dollars, or whipped not exceeding thirty nine stripes,
and imprisoned not exceding twelve months, at the dis-
cretion of the court.
Sec 45. Be il further enacted, That if any person, by
wilful and corrupt perjury, shall cause the life of another crinaase.
to be taken away, or by such wilful and corrupt pceijury,
convict anot'- r of any offence, which by law is or may
be punishable, such person shall on conviction be pun-
ished with the same infliction or punishment, which shall How pnnish.d
or might have resulted to such other person, from sdch
perjury.
Sec. 46. Be it further enacted, That if any person

(6'2)

Bribin. Legit- shall, directly or indirectly; give or offer to give, any me-
oaiv, Jcdicial ney, goods or other bribe, present or reward, or give. or
,i c.i c make any promise, contract or agreement for the pay-
ment, delivery or alienation of any money, goods or other
bribe, or use any promise, threats, persuasions, or oth-
er like sinister or unfairorfraudulent practices, in order
to obtain or influence the opinion,judgment, decree or
behaviour, of any member of the Legislative Council, or
any officer of the Territory, judge, juror, justice, referee
or arbitrators, in any discussion, debate, action, suit,
complaint, indictment, controversy, matter or cause de-
pending, or which shall depend, before him or them,
such person shall on conviction, be punished by a fine
t1w punisie not exceeding one thousand dollars, or whipping not
cexceeding thirty nine stripes, or imprisonment not ex-
ceeding twelve months, at the discretion of the court.
Sec. 47. Be it farther enac ed, That if any judge, jus-
alteing record twice, Mayor, Alderman, Clerk, Sheriff, Coroner, or other
&c. public officer, or any person whatever, shall steal, em-
bezzle, alter, corruptly withdraw, falsify, or avoid any
record, process, charter, gift, grant, conveyance, or con-
tract, or shall knowingly and willingly, take off, dis-
charge, or conceal, any issue, forfeited recognizance, or
other forfeiture, or shall forge, deface, or falsify any
document, or instrument recorded, or any registry, ac-
knowledgment or certificate, or shall alter, deface or
falsify any minutes, document book, or any proceeding
whatever, of, or belonging to any public office within
this Territory, or if any person shall cause, or procure
any of the offences aforesaid to be committed, or be, in
any wise concerned therein, the person so offending,
shall be punished by a fine not exceeding one thousand
Howpunished dollars, or whipping not exceeding thirty nine stripes, or
imprisonment not exceeding twelve months, at the dis-
cretion of the court.
Sec. 46. Be it further enacted, That if any jailor, by
Duress any too great a duress of imprisonment, or other cruel treat-
crjuet by ment, make or induce a prisoner to accuse and give evi-
dence arainist some other person; or be guilty of wilful
inhumanity or oppression, to any prisoner under his
care and custody, such jailor shall be punished by remo-
How unishcd val from office, and six months imprisonment, and by a
S tine not exce'eing three hun ired dollars, at the discre-
tion oft' i' couiT.
Soc. 49. Bi i further enacth:d, That if any officer aftec

(638)

The expiration of time for which he may have been ap-
pointed or elected, shall willfully and unlawfully, with- offer with
hold or detain from his successor, the records, papers, loldinagdocu-
documents or other writings appertaining and belonging m"ent's&c.
to his office, or mutilate, destroy, take away or otherwise
prevent the complete possession by his said successor of
said records, documents, papers or other writings, such
person sooffending, shall be punished by a fine or by im- Howpunisher
prisonment, at the discretion of the court.
Sec. 50. Be it further enacted, That if any person r:lselv ac-
shall acknowledge, or procure to be acknowledged, in knowledging
any the Courts of this Territory, any recognisance, bail bail.
or judgment, in the name of any other person not privy
or consenting thereto, such person on conviction, shall be How punished
punished by a fine not exceeding three hundred dollars
at the discretion of the court.
Sec. 51. Be it further enacted, That if any person
shall knowingly and willfully resist or oppose any sheriff, Resitingleg1l
coroner, or other officer of this Territory, or other per-
son duly authorised, in serving or attempting to serve
or execute, any lawful process or .order of any court,
Judge, Justice or arbitrator, or any other legal process
whatever; or shall assault or beat any Sheriff, Coroner,
Constable or other otlicer, or person duly authorised, in
serving or executing any proce l& order aforesaid, or
having served or executed the : W, every person so of- How punished
fending, shall on conviction he punished by a fine not ex-
ceeding three hundred dollars, at the discretion of the Proviso, as-
court: Provided, that any officer whatever that may or sault by officer
shall assault, or beat any individual, under colour of his undercolor.
commission, without a lawful necessity to do so, shall on
conviction, be fined not exceeding three hundred dollars
at the discretion of the court.
Sec. 52. Be it further enacted, That if any person or
persons, shall rescue another in legal custody on crimi- Reseues'ro
perons criminal pro.
nal process, such person shall receive the same punish- ces.si pr
ment as the person rescued would, on conviction be sen-
tenced to receive, and if the person so rescued shall not
have been tried, or shall have been acquitted, it shall be
lawful to charge the person rescuing as for a misdemea-
nor, and upon conviction, such person shall be punished How punished
by a fine not exceeding five hundred dollars at the
discretion of the court.
Sec. 53. Be it further enacted, That if any person Aiding prison
er in jail to es-
zhall aid or assist a prisoner lawfully committed, or de- icape

(634)

tainted in Jail for nny offence against this Territory, or
who sinahi e luiwftuly confined by any civil process, to
make his or her csc pe frolmn jail, although io escape he ac-
tually made, or if any person shaii convey or cause to be
ow p d delivered to such pri-oner, ann lisguisc, instrument or
llow pu:;ishea-
inme.i-u, or an! s proper to facilitate the cscu pe of such
prisoner, any such person although no escape, or attempt
to escape e be actuiily made, shall on conviction, be pun-
ished by a fine not exceeding four hundred dollars, at the
discretion of the court.
In custody of (See. 54. B' it further enacted, That if any person
oilicer, shall aid or assist any prisoner to attempt to escape
from the custody of any sheriff, constable, officer or oth-
er person, whIo shall have the lawful charge of such
prisoner, every person so ofiinding, shall be fined in a
How punished sum not e(c:ce(diniig four hundred dollars, at the discretion
of tie conut.
Sec.. 1. B it fi:rlir enacted, That if any person
Escape from confined in Jail sla .-caie t hercfromn. and be thereafter
ja. taken, such person siaih hie indicted for an escape, and
being convicted, siJc di be fiined not exceeding one hun-
How punished (lred dollar-, or winji!e:l not exceeding twenty stripes, at
the discretion of the court.
See. 56 Be it fituri'rr eiaclcd, That if any Marshal,
Officer permit deputy Miarshal, She ir- otr her otiiccr, or person emi-
ting an escape ployed, havi ng any osecr guilty, or accused of, or con-
fined for any crime, in his cu-tody, shall voluntarily per-
mit such offender to escape, or gret at large, every such
sleriff or otiir oliic.r or person so employed, so offend-
How punished inif, shall on conviction be disiised fromi office, and shall
be fined not exceeiing three hundieJ dollars at the dis-
cretion of the court.
Sec. 57. Be il fiirther enacted, That if any Marshal,
Officer rein- deputy Marshal, Sheriif, Coroner, Jailer or other officer,
Sing to receive
otiender. shall wiillftly refuse to receive any offender charged
with, or guilty of any indctable offence, or committed as
a witne-s on the part of this Territorv. or having such
offer.deir or witness in his custody, shall voluntarily per-
mit or suffer him or her to escape and go at large, then
every such U.i rshal, deputy Marsihal, Sheriff, Coroner,
Jailer, (Consti!e or i ier otiier, or person so offeuding,
sihal on conviction:, be fined in a sum not exceeding
How punisi.e three h-. dre, ,i,rs. at thie di-cretioi of the court.
Receiving Sec. 5. i tite en.crcd, That if any person or
stolen goods. peri'ons shall luy or receive stolen goodi, or chattel

(65Y

that shallbe feloniously stolen or taken-from another
person, knowing the same to be stolen, he, she or they,
shall be taken, and deemed an accessasy or accessaries
after the fact, and shall incur the same punishment as How punished
would be incurred and inflicted on the person or persons
convicted of having stolen the said goods or chattles so
bought or received, knowing the same to be stolen.
Sec. 59. Be it further enacted, That if any person Harboring or
shall conceal, receive or harbor any burglars, felons or oncea"lig f
thieves, kncwiig them to be so, lie she or they shall'be
taken as accessary or accessaries after the fact, and be-
ing convicted, shall be punished by a fine, not exceeding
two hundred dollars, or whipping not exceeding thirty How punished
nine stripes, or imprisonment not exceeding six months,
at the discretion of the court., And the' escape of the
felon before trial shall not operate to excuse the person
harboring.
Sec. 60. Be -itfurther enacted, That if any person Compo ding
shall take money, goods or other valuable consideration, felony.
or reward or promise thereof to compound auy treason,
exciting or attempting to excite, and stir up an insur-
rection or revolt of slates, murder, iian-glaughter, rape,
arson, forgery, burglary, house-breakig, robbery larce-
ny, receiving stolen goods or other profIEty, escape., re-
scue, breach of prison, bribery, y ufLkboriiut.cq of
perjury, of any other offence hereltforedetiurinated fe-
lony, or any offence punishable by liw with d ,th, or
fine of five hundreds udolars, or, whlipirrg of 'th.rtl u
stripes, or expt the pillory, or imlprizo t it.it ,
any time specit .limited, or left to the diJ- re a
of the court, as in thisfact recited, every per-on So i.
ding, shall be punished by afine not excreeniiarr out Ithous-
and dollars, or whipping not exeeedinglhirty nirdf -iipesl
or imprisonment- not exceeding twelve mouths, at th
discretion of the court. -
Sec. 61. Be itf jrther enacted, That if any persoJg -
forming, or prosecuting under any pretence of an lfl Informer or
law, shall compound with the offender, or direct the ~rit noseCine
or information to be discontinued, unless it be by the leave
of the court when the same is brought, every person so How punished
offending, shall be punished with a- fine not exmeeding
one hundred dollars, at the discretion of the court.
- Sec. 62. Be it further enacted, That if any two or'mnore
persons shall conspire or agree, falsely and maliciously Conspiracy.
to charge, or indict, or cause or procure to be charged,

(66)

How punished and indicted, .an' person, he she or they so offending,
shall on conviction,;be se ilenced to a fine not exceeding
seven hundred dollars, at the discretion of the court.
Sec. 63. Be- it further enacted, That if any person
Barrator. shall be found and adjudged a comtiobn barrator, vexing
o'thei's with unjust dnd vexatious suiti, such persons shall
How punished be fined in a s.uin not exceeding ode'thousand dollars, at
the discretion of the court ; and if the offender beionl's
Ia lawyer. to the profession of.the law, he shall also be disqualified
from practising'fot the future.'
Sec. W14. Be it further enacted, That embracery shall
be deemed to consist, in attempting' to intlu'ence a jury
Embracery. corruptly to one side, by promises, persuasions, entrea-
tics, money, entertainments or other means; an3 every
embracer who shall procure'any juror to take money,
gain or profit, or shall corruptly influence a juror by per-
How punished fitasions, intreaties or by any other means, shail be pun-
ished by a fine not exceeding two hundred dollars, atthe
discretion of the court.
Sec. 65. Be it furtrh, r enacted, That if any justice of
Pesce ,l the peace charge iiith mal practice in office, by using
practice of. oppression, tyranical partiality, or any other conduct un-
becop inz his character as an upright Magistrate, in the
'alministratioq, and under colour of his office, on convic-
How punished tion, shall bd'n6nl;W xceedin.g five hundred dollars at
the discretion of the court, and he shall also be removed
from office.
Sec. 66. Be it further enacted, That if any person shall
Threatening kh`owviglv send oil deliver, any letter or writing threat-
'ening to accuse another person ofpa crime with intent
to extort money, goods or chattles, or other valuable
thing, or threatening to maim, wound, kill or mur-
der or to burn his or her house,- or other property,
(though no money, goods, chattles or other valuable
thing be demanded,) any such person so offending, shall
on conviction, be sentenced to a fine not exceeding five
How punished hundred dollars at the discretion of the court.
Sec. 67. Be it fi/rfihr enacted, That any other offen-
aaiOthe cr a i-s t the o iut ice, wo\ieIh inyv occur, shall be
justice. punished by imipriso:neint not exceeding six months, or
How punished a fii e not ex.cediuf- six hundred dollars at the discretion
oi ilh court.
Sc(. 6. Be it fur!/:!r enacted, That if any tWo or
seblie as- more persons assiemb;l fr' the purpose of disturbing the
public peace, or coamnittinlm any unlawful act, and do not

(67)

diJ oerse on beiin desired or commanded so to do l)v a
J3:;,i f'e, J ,ii ., S: !riti' Constatbie or other civil officer of
this t, '.r .. ', :'t "hall proceed to any breach ol' the
peace. the ,?,-r-on so offending shall ;e punished by a fine
not ex':e .!'g one hundred dollars at the discretion of
the .
:;. 9. Be it ft4?t!ier e:lacfe', That if any three or
In ',A -e;'i.ons, e ;r i hor without it coiaimon cause of
qui .r;l, do an a iliwftul a U i violence, or any other act
in i violeit and tmu(i.itiaous ma nier, such person s so of-
fendi;dz, sialil i0e gui'ty a riot, and on conviction Shall i)e
punisii- y Ua tim' ot exceeding two hundred dollars at
the discrcti;oi of 1iie J ry..
Sec. 7;. f1 it further enacted That if any two or more
person, z3iili fight in a public place to the terror of the
citii' -, .;ad distiirhance of the puii'ic tranquility, the
pei rsos so offending shall he punished by a fine not ex-
ceeding one lhudred dollars, at the discretion of the Ju-
ry. -,
See. 71. R it ftrthber enacted That if any person or
persons shall in any news-paper or -and bill, written or
priiited, piuiished or proclaim any other" person a cow-
ard, or a-e any other opirobious and .uafisive language,
for not accepiing a clMhlltage, or fighting a duel, such
person or persons so offering, sh'. on conviction, be fin-
edl noi exceeding five hundred dollars, at the discretion
of the Jury; and on the trial of such offenders the prin-
ters evidence shall be taken, and if the printer shall
refuse to give up the auttier or writers name or names,
he shall be punished for contempt at the discretion of
the courl. .
Sec. 72. Be it further enacted. That a libel shall be
by irij1ting or writing, or 4ignI., pictures and the like,
tendiii-; either to blacken the nieiory of one who is
dead, or the honesty, virtue, integrity or reptitation of
one who is aliv6, and thereby exposing him or her, to
;public iitred, conotmpt or ridicule, every person convic-
ted of Ihis offence shl:i be liu4.i in a sum not exceeding,
o:je t:iousaiil dollars, at the discretion of the court ; and
in Ail. cases ofi adictiniit for a lhoi, the pjersoi pirosccu-
ted shali be allowed to give the truth in evidence.

Sec. 2. ,'? it farther enarted, Thit ail other offences
ag-, .:,t t i. :i. ;.c Peacr s.'all le pro-ecuntd ;anid inidict-
ed, aud the puinishinient in every case l all be a line not

Iow puuisheji

Riot.

Iow punished

Affray

How punished

Placarding or
publishing aa-
other.

How punishe.i

Libel.

How punished

Truth may be
given ovi.
dence.

Other offencer
against public
peace.

(68)
aow punished exceeding five hundred dollars, at the discretion of thl

S:'c. 74. Be t' further enacted, That if any person
Bigamy. shall have two wives, or two husbands at one and the
fowpunished same time, knowing of the living'and existence of such
wives or husbands, he or she shah, on conviction, be sen-
tenced to a fine not exceeding one thousand dollars, at
the discretion of the Jury ; and the second marriage
Issueofsecond shali be void,+ut long absence of the wife or huslan.l, or
marriage. no information of the fate of such husband or wn shall
be cause of acquittal of the person indicted, and in every
case, the issue of such second marriage born before the
when legiti- commencement of any prosect.toni tor bigamy, or within
the ordinary time of stationn thereafter, shall notwith-
standing the ir validity of such marriage, be considered
as legitimate.
Marrying hus- Sec. 75. Le it further ene t ., That if any man or wo-
band or wife man, being unmarried, shall knowingly marry the hus-
efanother. band or wife of another person, such man or woman
shall on conviction, be fined not exceeding one thousand
dollars, at the discreion of the jury.
Sec. 76. Be it further enacted, That if any person
Incestuous shall commit incestuous fornication or adultery, or inter-
dultery. marry within the degrees ofconsanguinity or affinity es-
tablished by law,.her she shall, on conviction, be sen-
iHwpunished tenced t a' fine not exceeding one thousand dollars at
the discretion of the jury.
Sec. 77. Be it further enacted, That if any man
Adultery and and woman shall live together in an open state of adul-
rficatiaon. tery, fornication, or adultery and fornication which vili be
sufficiently established by any circumstances which raise
the presumption of cohabitation, and unlawful intimacy,
or who shall otherwise commit adultery, or fornication,
or adultery and fornication, shall be severally inuictcd,
Jowpunished and on conviction, such man and woman shall be sever-
ally sentenced to pay a fini not exceeding five hundred
dollars, at the discretion of the jury : and on convictionc
a second time, a fine not exceeding seven iiindrio, dol-
Second of- lars, and for every repetition of tle O:;ml'e a fine not
rence. exceeding eight hundred dollars; but it shill at any tmne
be in the power of the parties to ;prevent or suspend the
prosecution by marriage, it .-Iii mi.riiag e be iegaly sol-
emnized.
f lewd- Sec. 7T. B' it fur/ter em:'nartc. That if aiiy person
"c- shall be guilty of open l'wdness, or any notorious act of

pnhlic iiidecencyr, ten,!ln to :delmich the morals ofsocie-
yi, or 1'f keo :. lI-rderl tippi)ini" houses on the sabiath How puniAhe.
davy Or night, :-: ,' sie silii oe idricred, ;id on convic-
tion, ee tined 1not1 ceeding one hundred dollars, or
whii;,ping not exceeding thirty nine stripes at the discre-
tion of the court.
S,,c. 7)J. Be it frJi.lrer enacted, That if any person Keeping lewd
shaU f ;r his or her emolumient or ivelihood, maintain and houses.
kece, a ,ewd hou e, or police for the practice of fornica-
tioi, either by ti.ens.elves or others, nie or she, shall on Howpunishe'
conviction, be sentenced to a fine not exceeding three
hundred dollars, at the discretion oftlie court.
Sec '6. Be it further enacted, That if any person
shall keep and maintain a common, ill governed and Keeping'lso'-
dery hIouse.
disorderiv house, to the encouragement of idleness, ga-
ining, drin. ing, or other mnisbehav;our, to the common
disturlwance of the neighoourhood or orderly citizens, he
or she shall, onconviction, be sentenced to a fine not Hopunishe
exceieii.,g three hundred dollars, at the discretion of the
court.
Sec. 81. Be it further enacted, That if any person Keeping a-
shall by himself, servant or other agent, for his gain or "ing houS,
ii ,r&c.
living, keep, have exercise or manltin a common ga-
ming house, table or room, or in any house or place
occupied by him, procure or permit, any persons to fre-
quent or come together to play for money or other valua-
bie thing at any game, he or she, on conviction, shall be How punished
sentenced to a fine not exceeding five hundred dollars,
for every such otfeuce, at the discretion of the court: Proviso
Provided, that nothing herein contained shall extend to
any gaming house licensed by law.
Sec. b-. Be it further enacted, That if any person
or persons, who may be found playing and betting in a- Gamblinu.
ny pi-ce not hccncedl according to the proviso of
the section next immediately l preceding, at any game
,with cards, dice, checKs or at bliiards, or any other in-
striumients, article or articles, thimig or things whatsoc-
ver, hei-tofore used or which uwil hereafter be used, for
the purpose of betting uponi or wining, or losing money,
or any other thing or liin-,, article or articles of value,
or any property, or Iny other articlee or articles, thing or
thinirs of value, may be indicted, and on conviction
theret't, shall be fined in a sum not exceeding two hun-
drc ..:,nil.ars, at thi, di-cretioin f the court : And itiany
owner or occupant of any house, out house or other

(7o)

building, not licensed as aforesaid, shall permit or sui-
Iow punished i'er any of the bei'ore mentioned games to be carried on
or exhibited in their said houses, out houses or other
buildings, on conviction thereof, they shall be fined in a
like sun, subject to the discretion of the court. Prori-
Proviso. as to dl'd, that this act shall not be cornstrued to exicli to
hor.e racing e rac racing, shooting with guns of any description, used
against an ceney, wrestling, jumping, foot racing, five
playing, pitching with quoits or dollars, or any other
peaceable and civil athletic exercise of man or men,
not herein particularly enumerated.
Sc,. 83. Be it further cuactcJ, That it shall be lawful,
brewkn for any lawful officer with legal authority to break open
gaming houses any suspected rooms or houses, where it is conlmoiiy
known that gaming is carried on, and to take any per-
sons found .ii.l; i-. and to bind them over to tile next
Proviso. court ; Provided, that any oiiicer cnrcmring the dwchil
house of any individual without having suiiicieut caine
for suspicion, and without a legal warrant, shall be fii-
ed not exceeding one hunidrd dollars, at the discretion
of the court.
Sec. 84. Be if fiirlther cnarled, That all nuisances
isalanice~ not not herein mentioned, n\hich tend to annoy th:econmmIu-
enunuerated.
nity or injure the health of the citizens in generaL, or to
corrupt the public morals shall be indictable and punish-
able by a fine not exceeding two hundred dollars, at the
ow pund discretion of the Court : and any nluiance which tends
How punished
to the immediate annoyance of the citizens in general,
And removed, or is nianifestly injurious to the public health and s..iey,
or tends greatly to corrupt the manners and morl.is of
the people, may be removed and suppressed by tie or-
der of any two or imare justices of the eacae ofcthli coan-
ty, founded upon the opinion and verdict oftwelve iouse
holders of the same, who shall be su;ifioneoid, sivorn
and impannelled for that purpose, whici order shiail be
directed to, and executed by the .Siheti'or any cuilta-
ble of the county.
Sa. Seec. 85. lie it fiurher ena.;c/cd, That if any butcher,
Seliil un-,
wlhieo:na or person sellnr the flesh of any diseased ani i.tli, or *-
provisioun-. their unwholesome provisions, shall !~ iindict'd, and l)r
so doing shall be sentenced to a rine in, t ex;'cedii:N two
jow punished hundred dollars, at the discrer.oa of ti-' court.
SSec. 86. (n c il f'ur/t r i(lcl'.ii 'I'IT i any bWi er,
UInwhol'Lie distiller, inerch:i nt or ot01er perlo i, 0e;i s e :- .. o: un-
plead. wholesome bread, drink or perniciouts and aduLlterated

(1)

liquors, knowing them to be so. he shall be indicted, ITow puish.
nud on conviction, shall be fined in a sum inot less than
one humnred dollars, at the discretion of the court.
Sec. 87. Be it further enacted, That if any physi-
cian, surgeon or other person, shall wilfullv endeavour Physician
to spread the small pox without inoculation, or by in- ;,
noculntion, with matter of the small pox, or shall use a-
ny other inoculation, than that called vaccination, un-
less by special permission from the county courts, when How punished
the small pox shall make its appearance, he or she so of-
fending shall be fined in a sum not exceeding three hun-
dred dollars, and imprisonment not exceeding three
months, at the discretion of the court.
Sec. 88. Be it further enacted, That if any person Breach of
coming in this territory by land or water, from any quarantine.
place infected with a contagious disease, and in viola-
tion of quarantine regulations, shall be indicted in any
county in this Territory where lie may be found, and on
conviction, shall be imprisoned not exceeding two months, How punished
or fined not exceeding three hundred dollars, at the dis-
cretion of the court.
Sec. 89. Be it further enacted, That any person
wandering or strolling about, able to work or otherwise, Vagrants&c:
support himself in a respectable way, or leading an idle,
i mnioral or profligate course oflife, or keeping or exhibit-
ing, or causing to be kept or exhibited, either of the games
or gaining tables conmmouly called A. B. C. or E. O. ta-
bles or Faro Bank, or any other gaming table or bank, un-
der whatever denomination, except he be licensed, shall
be arrested by a warrant issued Iy any juItice ofthe peace,
mayor or alderman, or intendant ot police, and bound in
sufficient security for his good behaviour, and future
industryfor one year, and upon refusing or failing to How pu..ishei
give such security, he shall be conlmiitted, and indicted
as a vagrant, and on conviction, shall be punMihed by
whipping not exceeding thirty nine stripes, at the dis-
cretion of the court: and all other ofienccs against the Offencesa-
public morals, health, police or economy, shail be fine d ainst ;ulic
in a sumn not exceeding two hundred dollars at tie discre- morails
tion of the court.
Sec. 90 Be it. further enacted, That if any person, cheatinry
by false' representation of his own respectability, wealth swmdling.
or connections, shall obtain a credit, and thereby defraud
any ;,crson or persons of money, goods, or other valua-
ble thing, or if any person shall cause or procure others

(72)

-to report falsely of his honesty, respectability, wealth or
character, and by thus imposing on the credulity of any
person or per-.on.s, obtain a credit, and thereby fraudu-
lently get into tile possession of goods, wares, nerchan-
.Iow punished dize or other vaiua:ie tiing, he or she, shail be deemed a
cheat and swindler, and on conviction, shall be ;ied not
exceeding two hundred dollars or whipped not exceeding
thirty nine stripes or imprisonment not exceeding six
months, at the discretion of the court.
Other cases of Sec. 91. Be it fur/lter enacted, That if any person
heating &c. shall use any difficult means, (other than those
mentioned in ths act,) or practices in matters of fraud,
shall be deemed a cheat an a a swindler, and on convic-
tion shall be sentenced to make restitution to the party
Howpunished defrauded and cheated, and shail be punished by a fine
not exceeding two thuinred dollars or whipping not ex-
ceeding thiirt niiie stripes, or imprisonment not exceed-
ing six months, at,the disctretlion of the court.
Sec. 92. Be it fiurl .r enacted, That if any Baker or
Baker selling other person, shall sell bread inder the assize established
bread under by the corporation of any City or the regulations ofany
assize. Village or the rules laid down by any ila, shall be deem-
ed a cheat, and on convicti on, shall be tpunisrihed bl ua fine
How pushed not less than one hundreds dollars, or .imprisonment not
less than three, nor more than six months at the discre-
tion of the court.
Sec. 93. Bc ilft iiIrth.r enacted, That if any person
Selling by shall sell by faise weight or lieLuriires, he or she siitll be
false weights deemed a cohilmmion heat and on conU1iction thereoi shall
or measures be sentenced to a fine not less than one huintlred dollars

How punished or imprisonment not more than six nor less thin three
months at the discretion oi the court. And any person
Other artful guilty of any other deceitful or artful p)rictlces by wnich
practices. individuals or the public art difrauli'd or cheated,
ow uid shall be punished by a "iije not less than one hundred
dollars, or imprisonment not less tiian three or morethau
six months at the discretion of tie court.
Sec. 94. 1B' it jfrtIe'r enacitid, '1 hat if any person
1or persons shali nialiciousiv, or without authority cut
)estroving
beacuis C. O down, remove or destroy anY hbeacoi or beacon-, I;uoy or
hlnovs, created bv anyv coimiission of pilotage-, (or (her
personor plersois dulVy I titci -ed l for aIlit puri .-. he
sile or thev shall, on conic t.y ,i. be plnihci:(d ib a Iti:i npt
I fmv punished exceeding one hiiidred (itai ,o: ; r wi ihj .. ot xceed.
ing thirty niie ttrip)es. at the discretion of tihe court-

i 3)

SRc 95. Be it further enacted, That any person who 'Prudiin pa -
shall put into any hale or bales of cotton, cask or casks or "g cotton &.
other packages oftsugar, rice or pork, or any other articles
of provisions, any dirt, rubbish or other thing, for the
purpose of adding to, or increasing the weight of the Ho
.- Howpunuihed
same, shall be deemed a common cheat, and on convic-
tion shall be fined in a sum not exceeding two hundred
dollars at the discretion of the court.
Sec. 96. Be it further enacted, T'it all other offen- other cases f
res committed by cheating and deceit or against the pub- cheating.
lie trade not herein enumerated, but which may occur,
shall be punished by a fine not exceeding one hundred IIow punished
and fifty dollars, at the discretion of the court.
Sec. 97. Be it further enacted, That any person or sacks ori
persons who shall wilfully and maliciously set tire to, or fodder &c.
burn, any stack or stacks of corn, fodder, grain, straw or
hay, shall on conviction, be lined not exceeding three Howpunishe4
hundred dollars or whipped not exceeding thirty nine
stripes, at the discretion of the court.
Sec. 98. Be it further enacted, That if any person
shall wilfully and maliciously set on fire any woods, Burning
lands or marshes, within this Territory, so as thereby to
occasion loss, damage or injury to any other person, he
or hie on conviction, shall be sentenced to a fine not ex-
e,.:ding two huudred dollars or whipping not exceeding Howpnnish
thirty nine stripes, at the discretion ot the court: Provi-
ded, that it shall be lawful for any person. upon giving Proviso, when
notice to all persons residing within two miles of the woods nay b.
place intended to be tired, to set on fire, any woods ;1 burnt.
this Territory, during the months of February, March
and April.
Sec. 99. Be it further enacted, That if any person
shall wilfully and maliciously set fire to any fentce or fen- cern"" ier.
ces, enclosure or enclosures, or cause and procure the
same to be done, he or she shall, oirconviction, be sen-
tenced to a fine not exceeding two hundred dollars or
whipping not exceeding thirty nine stripes, or imprison- Howpuished
ment not exceeding six months, at the discretion of the
court.
Sec. 100. Be it further enacted, That if any person,
shall unlawfully and maliciously break down, open, cut Destroying
through, injure or destroy, any bridge, river or meadow bridges &e..
bank, rice dam, mill danm, or any other dams or banks,
every such person so offending shall on conviction, e
sentenced to a fine not exceeding five hundred dollars, or LiOWpRni'

K

(74)

whipping not exceeding thiitr nine stripes, or imprisoar
ment not exceeding six mcntls, at tile discretion of the
court.
Staimingor Sec. 101. ;te it further enacted, That if any person
killing horaea shall muiheiciusiv main or kill an,, horse, -bull, steer or
cow or any other animal fidiing ..der the description as
before given, or shall maliciously ki!i a hog or hogs, any
such person so offending, shall on co~ fiction, be senten-
S to !)v a fine ict exceedin0 two hundred dollars. or whip-
HIow punished c ie
pin it, eet:eding thirty nine stripes, or imprisonment
in: I-_ceedini- siv mi-nth-,at "he Oiscretion of the court.
102. i it jurticr rnactia T':at if any person
Destroying h-'i. ,:iciouiSl irnjur'e or destroy any turn-pike gate or
turn-pi'c t:.e :, or any post or pe'ts,, raiil or Sails, wail or walls, or
gates, post&c ciaii'i, bar or fence, i,( lnging to any turn-pike gate, or
,i. house o:. houses to ue erected for the use of any such
turn-piiie -ate or gates, or shall maliciously and wilfully
:;;:r ij.l (!c.:trov locks, guide posts, or other works ereo-
_(d( i : i.T cc Iand secure the navigation of rivers, every
such person so i'ltcnding, shall on conviction, be fined in
How punished a sum not exceeding two hundred dollars, or whipping
not exceeding thirty inme stripes, or imprisonment not
exceeding six months, at the discretion of the court.
Sec. 103. Be it further enacted, That if any person
Burnincorde. shall wilfully and maliciously burn, or set fire to a ship,
boating hps," boat or other vessel, above the value of two hundred dol-
lars, within any of the waters of this Territory, or if any
person, shall wilfdlly and mali,.iously make, or be assist-
ing in making any hole in the bottom, side or any other
part of a ship, boat or vessie, above the value aforesaid,
or do any other act tending toj the loss or destruction of
such ship, boat or vessel, every person so offending shall
on conviction, be fined in a sum not exceeding five hun-
How punished dred dollars or whipping ncot exceeding thirty nine stripes,
or imprisoned not less tban six, nor more than twelve
months, at the discretion of the court.
bSOb. 104. Be it further enacted, That all other acts
malicious mis- of .mlicious and fraudulent mischief, not here enumera-
clief. t-ed, but standing upon the so me footing of reason aidjus-
tice, shall be punished by fines, not exceeding two hun-
dred dollars, or whipping not exceeding thirty nine
How punished strips, or iml.risonmont not exceeding twelve months, at
the discretion of the court.
Driv:.u away Sec. 105. Le it further enacted, That if any person
cattle, shall drive, entice away or remove any cattle, from a

(75)

pasturage or range, without leave of the owner of such
cattle, sach person so d.-. V.g :,r ,n:tiC.: or remov;in, Howpunishoi
shall be fined in a sum n : ..*ediin~ rwv, five .oltars,
at the discretion of ti,: colt : and if such ioffnder sh:il
be a slave, he or she -hai!, unless said fine be :;aid, *:e Ifa la,
punished not exceeding twenty lashes, at the discretion
of the court.
Sec. 1:6. Be it fu: ir r et/.fl, Ti at i' any person -e::un'ing
shal! hunt by fire ligh; :, the ;lizht timn, with a gun or
otihr fire arms beyond his own enciosire, such person p
sha'i on conviction, hie fined in a sun not exceeding
twenty five dollars, or i.nurisonment not exceeding one
month, at the discretion of the court.
Sec. 107. Be it further ari'fed, That if any person Disturbing
shall be engaged or concerned in vnciferation, noise, sell- divineworshipi
ing spirituous liquors, or any other act, having an imme-
diate tendency to disturb, or cause a disturbance, of a
congregation of white persons assen'ied for the purpose
of divine worship, at a church, chapel, synagogue, camp
meeting or other piihlic place, with mtent s1 to disturb, or
cause a disturbance, such person shall be fined not ex-
ceeding one hundrm d dollars, or, whipped not exceeding
thirty nine stripes, or imprisonment not exceeding six nish
months, at the discretion of the court: Provided, that Proviso.
this -rohibition, shall not be construed to prevent any per-
son in a city, town or village from pursuing his usual av-
ocations except on Sunday.
Sec. 108. Be it further enacted, That if any person sufferingslave
having the legal control of a slave shall suffer him or her totrade.
to go at large, and trade as a free person, such person so
offeiling', siall be fined in a su:n not exceeding thirty Howpunished
dollars, at the discretion of the court.
Sec. 109. 1"1 i,' further ena.''vd, That jf any person Givingticke
shall give a ticket or license to a slave, who is under the to slave.
control or charge of another. withoutt the con-ent of such
person hav'.lg the control or c.,arge, he or s! ..hall be
fined in a sin not exceeding twenty dollars, .t the dis-
cretion of fhe court.
Sec. 110. !e if further en,;,wd, T' it if a iy person Buvingirom
shall buy, accept or receive, fro'l' au n -'ave .!v mo. ey, slave.
grain, produce or thing of value, exceeding t:. value of
one dollar, except brooms, b'lskets, .iats or ';ngs c *1-
n:only r',l', i'.ic: Ired hby lives willtou- a tick",, tf.Im tie
master. r r owner or c:verer of i, h slave, Initrsligllg
.such-slave to dispose of suclh thing of value, the person

P-'puniahed so buvinL. accepting or receiving, shall be fined in a sui,
r:in exceeding fifty dollars, at the discretion of the
court.
Sec. 111. Be if further enacted, That if any person at
"nfair practi- or before any public iand sales that mzay, by order of the
ces at the land
i*sa. General government, take pace in this Territory, shall
use any means by threats, persuasion or propositions to
compel or induce any person xwishinga' o purchase for set-
tlement, or that may have settled and previously made
improvements on public lands, to give him directly or
indirectly, any sum of money or to promise io give the
same or any species of property in lieu thereof, as a bribe
Siwpunished fee, premium or consideration for such person not to hid
for said la.d, lie shall on conviction thereof be fined in a
suin not exceeding two hundred dollars, and imprisou-
ed not exceediing six months at the discretion of the
court.
Pbli ronad or Sec. 112. Bc itffurther enacted, That a public road
TPulic road or
highway de- or established highway, shall he construed to be any
kmed. rr:d made by authority ofan act of congress of the Uni-
ted States, by any law of this Territory, or by any order
of the county courts (if this Territory,
See. 11:. Be it jurlber enacted, That if any person or
o 'i.ri,-:I persons within this Territory shall olh-truct any public
public road. road or established highway, by fentcili' across or into
the same, every such person or iersois, who shall build
any fence or wilfully cause any other obstruction in sucli
road or highway, or any part thereof, shall be liabe to
be indicted, and on conviction thereof, shall be fined in a
low punished sum not exceeding fifty dollars at the discretion of the
court.
See. 114. Be it further enacted, That if any person
on the sabbath day called sunday, shall employ his ap-
serva; in la- prentices, servants or slaves in labour or other business,
boron sunday. except it be in the ordinary household business of daily
necessity, or other work of necessity or charity, he shall
forfeit and pay the sumi of two dollars for every such of-
How punished f'nc-, deeminiii' every apprentice, servant or slave so nm-
iio ed as constitution' a distinct ,tcf :c t.
Sec. 115 Ih il 'tr f,:r I 'r!i.', That no merchant
or shop keeper. or other persons-, still keep open store
Keeping open o ioe r dispoe l' anv warts or le(re n(lldisC, o'oods or chl:-
'tore & tel, n toe first du-v o the wetel cdlcd Sunday, afrte
10 o'clock' A. M. of that day, or sell or barter the same,
upon Iain,that every person so oli I.lin;. shall bforlfk

anid pay the sum of twenty dollars for every such of Howpunisk
teince.
Sec. 116. Be itfurther enacted, That if any person Exhibiting
er personss whatsoever, shall shew forth, exhibit, act, plays or shwo
represent or perform, or cause to be shewn forth, acted, &c on sunday:
represented, 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
baitinr, or bull baitiig, or any such like shew or exhibi- Exceptio.
tions whatsoever, exce';t in the Cities of Pensacola, St.
Augustine and Fernandina, on the said first day of the
week called Sunday, every person so offending and being
thereof convicted, before any justice of the peace of the Hewpunishea
county where the offence shall have been committed,
shall for every such offence, forfeit and pay the sum of
fifteen dollars.
Sc. 117. Be itfurther enacted, That it shall be the Dutyofthe
duty ofthe justices before whom such conviction shall be ustieconvi.
had, to take and receive all such forfeitures and fines as
may become due by virtue of the three preceding sec-
tions, and pay the same to the Treasurer of the county
wherein the crime was committed, for county purpo-
ses.
Sec. 118. Be it further enacted, That no person irosmition.
shall be prosecuted for any offence against these three
sections, unless the prosecution be commenced within
three days after the commission of such offence.

Sec. 119. Be it further enacted, That if any person Obstructing
shall erect or fix on any navigable water course any dam, navigation ot
bridge, hedge, seine, drag or other stoppage, whereby rivers &c
the navigation of bouts drawing three feet water, or the
passage of fish may be obstructed, such person shall be
liable to indictment, and on conviction thereof, be fined
at the discretion of the court, not exceedingone hundred
dollars, and the same obstruction shall be removed as a
nuisance.
Sec. 120. Be it further enacted, That if any person Felling trees
or persons shall fell any tree or trees, or cause the same into any nav.
to be felled, into any iavig:ible stream within this Ter-
ritory, and shall not remove the same within twenty four
hours after such.feliing, every such person or persons
shall be liable to be indicted and on conviction thereof,
shall be fined at the discretion of the court, in any sum
not exceeding fifty dollars.

(i8)

PaniAhment of See. 121. Be it further enacted, That the punish-
det atlvi meit of death, shall be inflicted by hanging by the neck,
wliipp, higno'. -1
inflicted. in oome rouiie Ylace until the cul;;'ii he detc( a'l the
pui'isiinent of whipping shall be infticted on t':e bare
bac" of th. cu!wit with a cow skin or other in:-rument
of hke flexibility.
Sec. 122. Be it further enacted, That when tlle nuin-
Punishment or ishmenit of exios!ur' on:' the :iiiorv shali be :niite.d, the
iillory. pillory shall be placed in a square, street, road or other
public and exposed :)lace.
Sec. 123. Be it ftrther enacted, That tihe doctrine of
iergyt the benefit ofclergy shall have no operation, ,fi.aence
in staying, and modifying the legal proceedings against
criminals.
Sec. 124. Be it further enacted. That if any person
Furnishing or persons, without the consent of Marshal of the dis-
pison.e:in trict, the Sheriff of the county, or the keeper of the jail,
.ailwith liquor shall furnish or supply any prisoner or prisoners, with a-
ny intoxicating liquor, he or she, if a white person, shall
upon conviction thereof, be fined in a sum not exceeding
fifty dollars, or imprisoned not exceeding thirty days,
at the discretion of the court.
Passed 14th November 1828.
PETER ALBA.
President of the Legislative Council.
THOMAS MUNROE, Clerk.
Approved, November 22, 1828,
WM. P. DUVAL,
Governor of the Territory of Florida.

AN ACT

To provide for changing the venue in criminal cases.

Be it enacted by the Governor and Legislative Council
ofthe Territory f*f Florida, That the Judges of the Su-
Venue how prior Courts of law in this Territory, in all trials had
changed. before then, upon indictments for felonies or misde-
meanors, shall have power oin the application of a pris-
oner anl for good cause sheiwn, u')on oath, to order the
venue to le changed, and the trial to be had a; the next
convenient court of law having jurisdiction of such ca-
SL'5.

SRe. 2. Be it further enacted, That in all cases whet
the application aforesaid shall be granted, it shall be pntv ofJudg
duty of the Judge granting the same, to recognise the granting.
witnesses in the case to be and appear before the court hue of
to which the cause may be transferred, on some certain
day of the term of said court ; if the offence with which
the person stands charged be bailable, the Judge upon
his entering into an approved recognisance, shall bind
the prisoner to be and appear at the same day aud place, PDty of the
with the witnesses as aforesaid ; if the prisoner fail to en- marshal i..
ter into the requisite recognisance, or the offence shall
not be bailable, in either case, the prisoner shall be re-
manded into the custody of the proper officer, who shall
convey him to, and have him imprisoned in the jail of
the county where he is to be tried; in all such cases a
certified copy of the recognisance taken, and of the re-
cord of the case, and the proceedings therein, with all
other necessary papers, shall be transmitted to the clerk
of the court in which the trial is to be had, who upon re-
ceipt thereof shall issue a venire facias, directed to the
ministerial officer of his court, and any and all the pro-
ceedings which may be had in the trial of such criminal,
shall be the same as though the case had originated in
that court.
Sec. 3 Be itfurthei enacted, That in all cases when
a prisoner may be removed from one county to another
under the provisions of this act, the Marshal or other
officer removing the same, shall, if he deem it necessary,
employ a sufficient guard for that purpose, and the offi-
cer shall be allowed his expenses in transferring such
prisoner to be paid him by the Territorial Treasurer up-
on presenting his account for the same, certified to be
correct by the Judge granting the change of venue.
Passed 15th November, 1828.
PETER ALBA,
President of the Legislative Council,
THOSE. MUNROE, Clerk.
Approved 19th November 1828,
WM. P. DUVAL,
Governor of the Territory of Florida.

AN ACT
To regulate proceedings in Chancery.
Be it enacted by the Governor and Legislative Council
?f the Territory of Florida, That a writ of ne exeat shall.

not be granted, but upon a bill filed and affidavit madetc
WMt of nr the truly h oil' e aii egations. which being iproduced to the
excnt when court r:i!i titml, or tv :lcw jdlire in vacation, ul may
a grant or refuse such writ, as to him snaila seem just, and
if granted, he si:ail endorse thereon in what penalty
bond and security shaii be required of the defendant;
and a writ of ne exeat may issue in any case where the
court of Chancery shail have concurrent jurisdiction with
a couit ofcommon law, and he shall also endorse the
name of the securities, and in what sum bond shall be re-
quired of the complainant, and no writ of ne exeat shall
issue until such bond shall be given by the complainant
in the clerks office from whence the writ is to issue, and
in case any person stayed by said writ ofne e.ceat shall
think himself or herself aggrieved, he or she may bring
suit on such bond and shall recover the damages sustain-
ed by such writ of tie excat.
Temporary Sec 2. Be fit flurher enacted, That if the defend-
Temporary ,
absence. no ant shall go out of the Territory and snall return Defore
breach ofbond a personal appearance shall be necessary by any decree
of the court, or it shall be necessary to perform any or-
der of the court, such his or her temporary departure
shall not be considered a breach of the condition of the
bond.
Sec. 3. Be it further enacted, That whenever the de-
fendant or defendants to tle bill shall give security
Powerofsecu- that he or they will not depart the Territory, the securi-
rityover prin- ty personally or by attorney shall have power at any
time (before the bond shall be forfeited) to take the io-
dy of his principal, and surrender hliii in open court, or
deliver him to the ministerial officer of the court in which
the suit is depending, who shall detain said principal as
in cases of the surrender of the principal by specim bail,
and at the time of such delivery to the aforesaid oificer
he shall take his receipt for the body, and hie it n itlh the
clerk of the court, either ofwhich, if done before the bond
is forfeited, shall discharge-the security frol his under-
ta'ing.
4 ec. R4. it further enacted, That no subploena il,
Iniunctionand chancery shall issue until a bill of complaint slhll ai ave
Subpoecra. been filed in the clerk office, nor sail any writ of ii,
when issued.
junction or ne exeat be granted until a l be ill be d pray
ing for such writ. except in the special cse;s and for tihe
special causes in which such writs are authorized by tlh.
nractiec of the courts of the Unmtd States. exercisinu

equity jurisdiction, and no writ of injunction to stay
proceedings at law, shall issue except on motion to the
court or Judge, and reasonable notice of such motion pre-
viously served on the opposite party or his attorney, and
the defendant after injunction granted, may either before
or after answer filed, on due-notice being previously
given to the opposite party or his solicitor, move the
court or the Judge for the dissolution of any injunction
which may have been granted.
Sec. 5. Be it further enacted, That it shall rest in jacuty io
the sound discretion of the Judge, under the circum-
stances of the case, on granting a writ of injunction to
stay proceedings at law, either before or after verdict, or
on granting a writ of injunction for any 4ier cause, to
require security for damages or costs from the party Judgment a
applying for such injunction ; Provided, that in all cases against surety
where a bill of injunction shall be dissolved either in part on dissoltie(-
or the whole, the court shall award judgment as well of.
against the surety or sureties, as the principal in such bill,
and execution shall issue accordingly.
Sec. 6. Be itfurther enacted, That in all cases in
chancery the testimony shall be taken in writing on in- how take.
terrogatories out of court, except testimony to prove the
execution of any instrument of writing, which testimony
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 as aforesaid
by deposition on interrogatories before any Judge or
Justice of the peace in this Territory, and in all cases
the party desiring to take testimony by interrogatories
shall pursue the same course as is pointed out for taking
testimony by interrogatories in the courts of law of this
Territory.
Sec. 7. Be it further enacted, That the Superior and court ofehari-
County courts of Florida, shall always be open for the penal
issuing and return of process, making, hearing and de-
ciding motions, presenting, -arguing and deciding upon
petitions, granting injunctions, and passing interlocuto-
ry orders and decrees.
Sec. 8. Be it further enacted, That the form of a sub- rorm of r-
poena to answer, shall be as follows :-Territory oi'lor- .ens.
ida, to Greeting, you are hereby
commanded and strictly enjoined, that laying all other-
business aside and notwithstanding any excuse, you per-
sonally be and appear, before the Judge of our -

court for the di-trct or coer tv of- (as tht
case m';y 7i ) o i;- d-;.v i;' -
w!Ji ever tie e'o.irt n; i' il Pi to i r to I, jl of
coImph'ai!,- exh'ievd ::'ainsIt yoI in o(,ur said ctr:t by
t a:1i to do fuitihrl and receive
what our said court shall inve considered in th.t halfl;
and this -ou are not to omit under a pelii tv of five 1hun-
dred dollars. Witness the Ilonourab -
Judge of said court the d;v ,,
in the year of
A. B. ---
Sec. 9. .J'o iI furlthr ctacIt',, That the names of the
Subpoena how defendant orgelendants, however numerous, mn',y be in-
served. serted in ondelbpoena and that the service thereof may
either be by n delivery of a copy thereof to such defend-
ant, shewing the original at the time of such delivery, or
to the wife of such defendant, or any white person above
the age of fifteen ye.irs residing in his or her family, at
the time of such delivery, at the dwelling house or us'ial
pl;ce of abode ofsuch defendant, and such ser'rf:ro -hall
be made before or on the day to which the process is ,:ade
returnable, that the court from which the subpoeint nas
issued, the title of thle cause, and tie words "copy of
subpoena," together with the name of tile plaintins soli-
citor, shall be inserted on the back of the copy of the
subpoena, which may be so served, and when such ser-
y ofoffer vice shall be made by the ministerial officer of the court
S v officer i I
serving same. from which the sub oena issued, it shahl Ie his duti to
note in writinoL on the original' subpoena, tihe tii at
which it came to his hands and when served, lihe inio
and inner of the service tlereol, which note shaii be
subscribed with his name and it iice; when service of;,ro-
cess is miadt by anny person other than tile swo'ri otli-
cer of the court whence it issued, ratida~it ol thii ilne
and manner of the service shall !b nladie aind returned
in the oriffinal subpoena, and it sial! ie tih duty of the
minist'eial' or executive ohlii .rs I it 4 i s(vra;il courts of
this Territlo '- 1o 1ia', c return oft ai! .i(ce. s placed in
tlhiir hianti-, ;en A.i '. ir pIlt)toc' :In(!t litIcron inlijm edi-
ateiv aflt i' thi f (, or0 exec ti C 0th i, .
Sec. 1:;' i! it th ,*c, h!. Iliat ti.,: first day or
Return dyvs evci terill. a ii.d t h il-i !1i,, i: Ill 'very il ntl sli a I 1>
,or proccus t d( it :icOc ....i. l- i I ,e ...! .dt- re lurnabie, and
wiheefih e:l ,'s- l I t ie oli'ti.!' ouit (t- term and shall
have been served, the deciudunt or defendants shall'

(S3)

atise his, her or their annearance to the iinhnoena to be
entered in the ,o.ice ft'the clerk of the court iromi which
it is issued, on or owfore the first monday in the month
next succeeding the month in which the process was re-
turnable, and when the process is returnable to a term
of the court and shall have been returned served, the
defendant or defendants shall cause his, her or their ap-
pearance to be. entered on or before the first monday of
the month next after that in which the process was re-
turnable: Provided, three weeks shall have elapsed
from the return day thereof, and if not, then on the first
monday of the following month.
Sec. 11. Be it further enacted, That if process shall Ifprocess I
not be returned, it shall'be.the duty of the clerk of the notserved.
court from which it issued, to issue similar process, if the
same shall be required by the party at whose instance it
originally issued.

Sec. 12.' Be it further enacted, That whenever, it
shall be made to appear by affidavit to any of the Judges Serice by
of the aforesaid courts, process has been issued against when defend.
any defendant and has been returned "not executed," and antlives in the
that the said defendant is within the district of the Ter- territory.
ritory in which the court issuing the process is held, but
that the said defendant cannot be found, or will not suf-
fer service of process to be made on him or her, it shall
and may be lawfuitfor the said Judge from whose court
the process issued to grant an order, requiring the said
defendant to appear and answer the complainants bill
within four weeks; which order shall be published once a
week during the' said four weeks in some newspaper prin-
ted in the district, in which the court which grants the
order is held, or if there be no newspaper published,
then a copy of the said order shall be posted up at the
court house of the district or county in which it was
granted, for the above space of four weeks, and at the
expiration of two months from the termination of the
above four weeks, if the defendant shall not have ap-
peared and answered the complainants bill, the said com-
plainant may enter in the common rule book at the
clerks office, an order that the complainants bill be ta-
ken pro confesso, having first obtained the said order
from the Judge, upon proof of the publication -or posting,
up as aforesaid of the order for appearance and an-
swer.

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0	system.web.ui.page.page_load (ufdc.page_load)
0	sobekcm_page_globals.constructor.on_page_load
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0	html_echo_mainwriter.add_text_to_page	Reading the text from the file and echoing back to the output stream
95	html_echo_mainwriter.add_text_to_page	Finished reading and writing the file

	Front Cover
	Acts of the legislative council...
	Index