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Acts of the Legislative Council of the Territory of Florida
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 Material Information
Title: Acts of the Legislative Council of the Territory of Florida
Uniform Title: Laws, etc. (Session laws 1822-1833)
Physical Description: 23 v. : ; 25 cm.
Language: English
Creator: Florida
Publisher: Printed at the Office of the Florida Intelligencer
Place of Publication: Tallahassee
Creation Date: 1829
Publication Date: 1822-1833
 Subjects
Subjects / Keywords: Law -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
Dates or Sequential Designation: 1st (1822)-11th sessions (1833).
General Note: Imprint varies.
 Record Information
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 18494349
System ID: UF00073402:00008
 Related Items
Succeeded by: Laws of the Legislative Council of the Territory of Florida

Table of Contents
    Front Cover
        Front Cover 1
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    Acts of the legislative council of the territory of Florida, passed at their eighth session, 1829
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    Index to laws of 1829
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Full Text



ACTS

OF THE


LEGISLATIVE COUNCIL

OF THE


TERRITORY OFMLORIID*.f


PASSED AT THEIR EIGHTH SESSION,



18 9.



3 ~ tautoority,






PRINTED AT THE FLORIbIA1.,S A&ItCAT II lCL.

1829.







ACTS
OF THE

SLegislative Council

OF THE

TERRITORY OF FLORIDA.
----*asf---
AN ACT
To incorporate the Protestant Episcopal Congregation of the City of
Pensacola.
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That Thomas Wright, Sil-
vester Bill. Noah H. Allen, John Jerrison, Adam Gor-
don, Charles P. Tutt, and George W. Barkley; Church
Wardens and Vestrymen of the Protestant Episcopal
Congregation in the City of Pensacola, and their suc-
cessors in Office, be, and they are hereby declared, to W6-densa
be, a body Politic and Corporate. by the name ind style V-w yme
of "the Church Wardens, and Vestrymen of Christ's Jn, veru
Church in Pensacola," and by the said name and style &e
shall have a perpetual succession of Officers and Mem-
bers, and that the said Church Wardens, and Vestry-
men, aud their successors in Office shallhave, and they
are he-eby invested with full power to make all neces-
sary rules and regulations and to make, have, and use







[2]
a common seal and the same to alter and amend at their
pleasure.
Sec. 2. And be it further enacted, That That the said
Thomas Wright, and Silvester Bill, Noah H. Allen,
John Jerrison, Adam Gordon, Charles P. Tutt, and
George W. Barkley, Church Wardens and Vestrymen
bholdreal and their successors in Office, shall have and they are
id personal hereby invested with, full power and authority, by the
operty. name and style of "the Church Wardens and Vestry-
men of Chrirt's Church in Pensacola," to have hold and
use real estate and personal property, and the same to
buy and sell at pleasure; and they shall be, and they are
hereby declared to be, capable of suing and of being
sued and using all necessary, legal steps for recovering
debts, dues and demands which now are, or hereafter
may become due, to the said Church Wardens and Ver-
trymen, and for recovering and defending any property
whatever, and the rents issues, and profits thereof.
Sec. 3. And be it further enacted, That an elec-
tion for Church Wardens and Vestrymen, for the said
Church shall be held annually, on East r Monday, and
hectionto that the said Election shail be held and made by the
allyn- Wardens, Vestrymen and Congregation of said Church,
the persons receiving the greatest number of votes, to be
declared duly elected, and that the Church Wardens and
Vestrymen so elected shall fill all vacancies which may
occur in their body, by death resignation or other-
Iise.
A. BELLAMY.
President of the Legislative Council.
Approved, October 16th, 1829.
WILLIAM P. DUVAL.
Governor of the Territory of Florida.
Passed, October 14th, 1829.
THOMAS MUNROE, Clerk.







[33
AN ACT
To declare the Alaqua River a Navigable Stream.

Be it enacted by the Governor and Legislative Council
of Territory of Florida, That the Alaqua River be, and
it is hereby declared to be, a Navigable Stream, from
the mouth of said River up to the twenty ninth section,
of township two in range nineteen.
Sec. 2, And be it further enacted, That Henry G.
Ramsay, Michael Vaughau Senior, and Archibald An-
derson, be, and they are hereby, appointed Commission-
ers, to direct, and superintend the opening and clearing
out the said navigable stream, and the said commis-
sioners or any two of them, shall have, and they are er n esed
hereby invested, with full power and authority by the ,vWl corpora"
name and style of "the Commissioners of the Alaqua tion powers.
River," to ask. demand, sue for, recover, and receive,
all debts, dues, and demands, which are due and owing,
or may hereafter become due, and owing to them as
Commissioners, as aforesaid, whether by subscription
or otherwise;-arid generally to do and perform, all acts,
which may be necessary for the opening and clearing out
the said Alaqua River ; and that all sums or funds of
money collected or received by the -aid Commissioners,
shall be appropriated and used for no .other purpose
whatsoever.
Sec. 3. And be it further enacted, That the said
navigable stream called the Alaqua River, be and it is
hereby declared to be, a public Highway; and that the
Commissioners ofthe Alaqua River, shall have and pos-
sess, and they are hereby invested with all the powers
and authorities, of Overseers and Commissioners of 'ith autho.
Roads; and shall be obeyed and respected, by all persons seersofroas.
living within five miles of said River, in the same man-
ner and under the same rules, regulations, and penal-
ties, as Commissioners or Overseers of Roads may be
respected and obeyed.
Sec. 4. And be it further enacted, That the said
Commissioners and their successors in office, previoamu







[4]
to their entering on the duties theirof; shall take and sub-
scribe on oath, before some Judicial officer "honestly
Mth to be and faithfully to perform all the duties required of them
by law as Commissioners of the Alaqua River" and
shall give bond to the County court of Walton County,
in such sums as said court shall determine, conditioned
for the faithful performance of said duties, which oath
and bond shall be filed in the office of the Clerk of the
county court aforesaid.
Sec. 5. And be it further enacted, That in case of
e death, resignation, neglect or refusal to act, of either of
iled. to the said Commissioners, the vacancy shall be filled by
election, by a Majority of the qualified voters being with-
in five miles of said Rive., at such times and places and
under such regulations, as may be fixed and prescrib-
ed by the said County Court of the County of Wal-
ton.
A. BELLAMY.
President of the Legislative Council.
Approved, October 22d, 1828.
WILLIAM P. -DUVAL.
Governor of the Territory of Florida.
Passed, October 20th, 1829.
THOMAS MUNROE, Clerk.




AN ACT.
To repeal an act,entitled an act, authorizing the Governor to appoint a Clerk
for the Executive Department of this Territory.
Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the act, entitled An
act, authorizing the Governor to appoint aClerk,forthe
Executive Department of this Territory ; approved the







15]
twenty-third of November eighteen hundred and twenty
eight, be, and the same is hereby repealed.
A. BELLAMY.
President of the Legislative Council.
Approved, October 22d, 1829.
WILLIAM P. DUVAL.
Governor of the Territory of Florida.
Passed, October 19th, 1829.
THOMAS MUNiROE, Clerk.


AN ACT
Toamenadn met, entitled an act, to declare the Chipola River a Navigable
Stream, and for other purposes.
Be it enacted by'the Governor and Legislative Council
of the Territory oJ Florida, That so much of the act to
which this is an amendment, as requires every person
subject by law to work on public Roads, living within Act requiring
five miles of said River, on either side from the Natural six days la-
Bridge down, shall by the Commissioners aforesaid, be bor repealed
made subject under their direction to work six days in
each and every year, in opening and clearing out said
River; be and the same is hereby repealed.
A. BELLAMY.
President of the Legislative Council.
Approved, October 201h, 1829.
WILLIAM P. DUVAL.
Governor of the Territory of Florida.
Passed, October 19th, 1829.
THOMAS MUNROE, Clerk.








[6]
AN ACT

To admni Joln A. Campbell ofJackson County to practice as an Attorney anr
Counsollor at Law in this territory.

Be it enacted by the Governor and Legislative Council
of the Territoryof Florida, That John A. Campbell of
Jackson County, be, and he is hereby admitted to prac-
tice as an Attorney and Counsellor, in the Superior and
Inferior Courts of law and equity of this Territory: Pro-
vided, lie shall be found sufficiently qualified by one of
the Judges ofthe Superior Courts, to whom satisfactory
evidence of his good moral character shall be pro-
duced.
A. BELLAMY.
President of the Legislative Council.
Approved, October 26th, 1829.
WILLIAM P. DUVAL.
Governor of the Territory of Florida.
Passed, October 23d, 1829.

THOMAS MUNROE, Clerk.




AN ACT

To change the time, and to provide for holding an additional term of the
Superior Court in the Eastern District of Florida.

court to be Be it enacted by the Governor and Legislative Council
held. e of the Territory of Florida, That the Judge of the East-
ern District of Florida, shall hold a court on the third
Monday of April and December, in the county of Ala-
chna, at lcwvnensville in rech end every vc ar.








[7_J
Sec. 2. And be it further enacted, That "Au act
constituting a Superior Court in Alachua County, and Former acr
for other purposes, approved, January 16th, 1829, be, repealed.
and the same is hereby repealed. This act to be in
force from and after its passage.
A. BELLAMY,
President of the Legislative Council.

Approved, 2d November, 1819.
WM. P. DUVAL,
Governor of the Territory of Florida.
Passed, 31st October, 1829.
THOMAS MUOROE, Clerk.


AN ACT

Concerning Samuel A. Spencer.

WHEREAS, as it has been satisfactorily shewn to this
Legislative Council, that the nearest relations of
Thomas HI. Pope a lunatic, are anxious that Samuel
A. Spencer, should be authorized, by law to sell so PreamUle.
much of the property of the said Thomas H. Pope,
as will be sufficient to pay his just debts, and defray
the expenses of removing the said Thomas H. Pope,
and his family to his relations in Virginia.
Be it therefore enacted by the Governor and Legislative
Council of the Territory ofFlorida, That the said Sam-
uel A. Spencer shall have full power and authority to
sell so much of the property of the said Thomas H. Pope,
as shall in his opinion, be sufficient to pay the just debts
of the said Thomas H. Pope, and to defray the expenses
of the removal of said Pope and his family to his rela-
tions in Virginia.







(8)
Sec. 2. And be itfurther enacted, That all the sales
already made by the said Samuel A. Spencer of the
Saml. A. property of the said Thomas H. Pope, for the purposes
tSperi t aforesaid, are hereby declared to be good and valid,
sail. and the said Samuel A. Spencer is hereby authorized to
execute deeds, and bills of sale to the purchasers of said
property.
Sec. 3. And be it further enacted, That it shall be the
duty of the said Samuel A. Spencer to make out a full
To make ex- exhibit of all his acts and doings, under the provisions of
hibits to this act, and present the same to the County Court of
countyConrt Leon County, at the term of said court next thereafter.
and it shall be the duty of said court to examine the same,
and to allow said Spencer such compensation as it may
deem reasonable for his services, and expenses in the
management of said estate.
A. BELLAMY.
President of the Legislative Council.
Approved, 2d November, 1829.
WM. P. DUVAL.
Governor of the Territory of Florida.
Passed, 24th October, 1829.
THOMAS MUNROE, Clerk.




AN ACT

Providing for the adoption of the Common and Statute Laws of England, and
for repealing certain laws and ordinances.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the common and sta-
tute laws of England, which are of.a general and not of
a local nature, with the exception hereinafter mentioned









down to the fourth day of July, one thousand seven hun-
dred and seventy-six, be, and the same are hereby de-
clared to be of force in this Territory: Provided, The
said statutes and common law be not inconsistent with
the constitution and laws of the United States, and the
acts of the Legislative Council of this Territory; And
promvded also, That none of the British statutes respect-
ing crimes and misdemeanors, shall be in force in this
Territory, except statutes declaratory of and in aid of
the common law; nor shall any person be punished by the
said common law, when there is an existing provision by
the statutes of this Territory on the subject; but when
there exists no such provision by statute of the Territo-
ry, then the several courts of this Territory shall proceed
to punish such offence by fine and imprisonment : Pro-
vided, That in no case, the fine shall exceed five hun-
dred dollars, or the imprisonment, twelve months.
Sec. 2. Be it further enacted, That all the laws
and ordinances in force in this Territory to the twenty-
second day of July, one thousand eight hundred and
twenty-two, be and the same are hereby repealed:. Pro-
vided nevertheless, That all causes of action arising un-
der, and founded on,any of said laws and ordinances,
shall be judicially determined according to the principles
and rules of said laws and ordinances, any thing in this
act to the contrary notwithstanding.
Sec. 3. Be it further enacted, That all proceed-
ings which have, heretofore, been had, and done in the
different courts ofthis Territory in accordance with the
provisions of the foregoing sections of this act, be, and
they are hereby declared to be good and valid.
Passed, 6th November, 1829.
A. BELLAMY.
President of the Legislative Council.
THOMAS MUNROE, Clerk.
Approved, 6th November, 1829.

WM. P. DUVAL.
Governor of the Territory of Florida.
B'


Common ai4
Statute LaV
of England
be in force.





Prov~-.






Laws repeild



Proviso.






Proeeed'nul
had &c.







[l(]

AN ACT

To be entitled "An act. to prevent obsolete statutes from going into operation
in this Territory.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That no statute of this Ter-
ritory, which has been repealed shall ever be revived by
implication, that is to say, if a statute be passed, repeal-
ing a forrrer statute, and a third statute be passed re-
pealing the second, the repeal of the second statute shall
in no case be construed, to revive the first, unless there
be express words in the said third statute for this pur-
pose.

Passed, October 28th, 1829.

A. BELLAMY.

President of the Legislative Council.

THOMAS MUNROE, Clerk.

Approved, November 2d, 1828.

WILLIAM P. DUVAL.

Governor of the Territory of Florida.

-10


AN ACT.

To incorporate the Protestant Episcopal Congregation of the City of Tal-
lahassee, St. John's Parish.

Be it enacted by the Governor and Legislative Council
of the Territory ef Florida, That Richard K. Call, John
S. Shepard, David B. McComb, Church Wardens, and
John P. Duval, Cary Bronough, Charles Austin, Leslie
A. Thompson and Turbutt R. Betton, Vestrymen, shall
he and they arc hereby constituted a body politic and
corporate to be known by the name and style of, "the


A Statute re-
jpealed not re-
Ivived by im-
plication.


Wardens and
Vestrymen in-
corporated.


arnam & stle.







t[11


Church Wardens and Vestrymen of the Episcopal
Church of St. John's Parish;" and by that name shall
have perpetual succession and a common seal. with pow-
er to change the same at pleasure, and as such shall have
all the powers and privileges which appertain to natural
pe rsons which are not herein limited or otherwise direct-
ed.
Sec. 2. Be it further enacted, That said wardens Powers and
and vestrymen and their successors by the name afore- capacities.
said, shall be capable in law to receive and hold to them
and their successors, any lands, tenements, goods and
chattels of what kind soever, which shall be given or de-
vised to, or purchased by them for the use of said church
or congregation, and shall sell and dispose of the same
in such manner as shall seem most conducive to the in-
terest of said church.
Sec. 3. Be it further enacted, That the said To plead &e.
Wardens and Vestrymen may sue or be sued, plead or
be impleaded by the name aforesaid, in any court of law
or equity.
Sec. 4. And be itfurther enacted, That they shall
have power from time to time to establish such by laws,
rules or ordinances, not contrary to the laws of the Uni-
ted States and of this Territory, as they shall dtem ne- To make by
nessary for the government of said church, and form laws&e.
gtlneral rules by which to determine when any vacancy
of.Waidens or Vestrymen occurs and the mode of filling
the same.
Passed, October 30t/, 1829.
A. BELLAMY.
President of the Legislative Council.
THOMAS MUNROE, Clerk.
Approved, November 2d, 1829.
WILLIAM P. DUVAL.


Governor of the Territory of Florida.







[12]

AN ACT

To regulate Marriage Licensesaand to repeal "An act ccncerniig Marriage
Licenses," approved 17th November 1828.

Be it enacted by 'the Governor and Legislative Council
of the Territory of Florida, That all regularly ordained
Ministers of the Gospel, in communion with some church,
rize.au. Judges of the Superior and County Courts, and Justices
arry. of the Peace, be, and the same are hereby authorized
to solemnize the rites of the Matrimonial contract, under
the restrictions hereinafter provided.
Sec. 2. Be it further enacted, That before any
Minister of the Gospel, or other person as aforesaid,
shall solemnize such contract as aforesaid, he or they
shall require of the parties a license, under the hand of
To require li- the Clerk of the county court, of the county in which the
cense. female resides, and it shall be the duty of the Clerk to
grant such license, and if either of the parties applying
for such license be under the age of twenty one years,
to require of such party satisfactory evidence of the con-
Except sent of the parent or guardian of said party to such
marriage: Provided, that nothing in this act shall be so
construed, as to require persons who have been before
married to produce evidence of the consent of the par-
ent, or guardian as aforesaid.
Sec. 3. Be it further enacted, That all ministers
s of the gospel, judges and justices of the peace shall, af-
pdagerfi. to ter they have solemized any marriage, make a certi'fi-
cate. cute thereof on the license and transmit the same to the
clerk ofthe county court, who shall record the same and
Duty ofClerk file it among the records of the county, as evidence of
Fee, such marriage, and the clerk shall receive the sum of
one dollar and fifty cents, for granting such license and
and filing the certificate as aforesaid.


Penalty for vi-
elating.


Sec. 4. Be it further enacted, That if any minis-
ter of the gospel, judge, justice or clerk as aforesaid,
shall violate the foregoing provisions of this act, he or
they, on conviction thereof, shall he subject to a fine of
not more than one thousand dollars, at the disc etion of
the court.








i13]


Sec. 5. Be it further enacted, That an act enti-
tled "An act concerning marriage licences," approved Repea.
17th November, 1828, be, and the same is hereby re-
pealed.
Passed, October 28th, 1829.
A. BELLAMY.
President of the Legislative Council.
THOMAS MUNROE, Clerk.

Approved, November 2d, 1829.
WILLIAM P. DUV4L.
Governor of the Territory ot Florida.




AN ACT

Regulating the mode of proceeding on Attachments.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That it shall be lawful for
any clerk of any of tie Superior or county courts of this 'Clerks and
Territory,.or for any justice of the peace, to grant writs Jgrants
of attachment directed to the marshal, sheriff, constable,
or other officer authorized to serve process from such
courts, or justice, commanding him to attach and take in-
to his custody, so much of the lands, tenements, goods
or chattels of the person, or persons against whose pro-
perty the said writ of attachment is issued, as will he suf-
ficient to satisfy the demand of the person, demanding or
suing out said writ.
Sec. 2. Be it further enacted, That such writ
shall in no case he issued unless the party applying for
the same, his agent or attorney, shall make oath hat
the amount of the debt, sum or property claimed iP ac- Pary to
tually due, and also that the person owing such debt or








[14]

som, or holding said property, besides beyond the limits
oftilis Territory, orihat he has absented himself from
the same for the purpose of preventing the service upon
him of the ordinary process of law, or that he so absconds
or conceals himseJf, thattheordioury process of law can-
not be served upon him, or that he is removing from
this Territory his property, or Ls so secreting the same,
that the party claiming will be likely toJose his debt or
demand.
See. 3. Be it further enacted, That whenever any
eoperty person has reason to fear that property to which such
ein posses- Ilrson may have a claim, but which is ih the-possession
Sof ano- of another, is about to be taken beyond the jurisdiction
er. of the court, he may make oath that the property legal-
ly beiqnug to him, the said first mentioned person, and
-that he nas reason to believe and does believe, that un-
less wltnneid by the writ of attachment, the said proper
ty wil be taikei beyond the jurisdiction of the court, in
which case it shall and may be lawful for any clerk of
a superior or cuuntycthrt of this 'T'e ritory or for anyjus-
tice of thepeace, to issue a writ ot attachment in the man-
ner provided for by the first section of this act.

,bainable See. 4. Beit further enacted, That affidavit mhy be
ny time- made and writs ofattachment issued, as herein before
nmejtioneli, dt any si ageof the causteconcerning any proj
perty, debt or demn, n. claimed as aforesaid.
Sec. 5. Be it further enacted, That before the issu-
ing (f any writ ofUath cihetit, ,as herein before mention-
ed, Ute party ap)ply )ng lr tiov sait"e shall hinimelf; or by
some other per.,on iii h ti.j behalf, enter liuE bond with
ertoive good and sulticitent security, in a -uii double the amount
Ind. of the debt due or property cianined, payable to the de-
fendant, conditions d tw.t time saim plamitiff will pay all
costs aitd daanagea whic-l mt iy be hccasioted by issuing
said writ of attachment, on lauiure to prosecute the same
to effect.

rottoissue, See. 6. Be it further enacted, That no writ of attach-
hen, &c. ment shall in any case ib-u, wilenl liili e iti le parties
a-rewithin the lmitsofttns I'erriory, unless it shall appear








[15]

that at the time the cause of action accrued, one of such
parties were in the Territory or that the deiit sued for
was contracted, or the contract sued on, made within
this Territory.

Sec. 7. Be it further enacted, That the service of a
writ of attachment shall bind the property attached, ex-
cept :is against pre-existing liens, but the jludgment in
a suit commenced by attachment shall be satisfied in the Service of i
same manner as other judgments, obtained at the same binds except
azainAt pre-ex,
termi of the court are, or shall be satisfied out of the lands itinm lien,.
and teneentts, goods and chattels, gcncrnaily, of the de-
fendant in such attachment : Provided hotvever, that
judgment rendered against any garnishee or garnishees
in siid suit, shall be appropriatedexclusively to the sat- Proviso.
istaction.of the judgments rendered against the defend-
ant commenced by attachment as aforesaid.

Sec. S. Be "itfurther enacted, That if there be two Several judg-
or more suits commenced by attachment against the ments at same
same person, and several judgments be obtained at the term, &c.
same term, they shall be satisfied pro rata out of the
judgments which may have been obtained against thl
garnishee, or gatrnishees-, in any such suit or suits, unless
the JetCendait inl such suit, or suits, have sufficient other
property to satisfy the same.

Sec. 9. Be it further enacted, That when a suit is com-
menced vb att.iclhinent as aiforesaid, it shall and may be
lavwtil for the officer executitng the writ of attachment to
serve upon the person, or persons, who may be named
by the said plaintiff is garnishee or garnishees, a notice Notice to gar-
i. ishee.
requi. iig such g:(iiiih-e or garnishees, to appear at the
ter n ot' the coai t, wmli' the said cause is to be tried, to
set Iorth upon oath what goods, chattels, money and ef-
fects belonging t3 the said deferid nt, were in their
haids or control at the tire cfthe service of such notice,
and in what sum he or tluwy were indebted to the said
defendant at si:t timt'; and upon ttie answer so made
by" :he giarnisnme or oi.' rlii-ilees it hall and may be law- Judgment a-
n-,. ainst garns-
ful tor ttie said e:i,'ri ftie itidll neat against the said sanee.
gtrliishee or garnisiie tor t)i. .itrmoin t Inb them confes-
sed to be due to the said defendant in attachment, and

















Unless proper
ty surrendered



Property at-
tached may be
replevied.














Perishable
property may
be sold, after
notice.


[16]

execution may issue for the same in favor of the plaintiff
in such attachment; that when the said garnishee or
garnishees shall in his, her or their answer made on oath
as aforesaid, admit that he, she or they had in his, her or
their possession, when said notice was served upon him,
her or them, any goods or chattels belonging to the said
defendant, such garnishee or garnishees shall be answer-
able in damages, for the value of the same to the plain-
tiff in said attachment unless the said goods and chat-
tels be surrendered upon the execution issued against
such defendant.

Sec. 10. Be it further enacted, That the property at-
tached in conformity with the foregoing sections of this
act, except in the case mentioned in the third section
thereof, may at any time be replevied by the defendant
in attachment, his agent or attorney, by giving bond to
the marshal, sheriff, constable, or other officer executing
the writ, with good and sufficient security, in double the
amount of the debt or demand sworn to by the plaintiff,
conditioned for the redelivery of the property, unavoida-
ble casualties only excepted, to the said marshal, sher-
iff, constable or other officer at the term of the court, to
which said writ of attachment is made returnable, to a-
bide the order and judgment thereof.
Sec. 11. Be it further enacted, That when property
attached shall be of a perishable nature, it shall be law-
ful for the clerk or justice who ordered the attachment,
at any time, to order the sale of such property, after
such public notice, as to the said clerk or justice may
seem expedient, and the amount of the proceeds of any
such sale shall be paid into court, to abide the order and
judgment thereof.


Sec. 12. Be it further enacted, That all writs of at-
tachment shall he made returnable to the next term of
the court after the date thereof; that when the amount
of the debt claimed, or property demanded, shall not ex-
When return, ceed the sum of twenty dollars, the said writ of attach-
ment shall be made returnable to a justice of the peace,
and the said writ shall be served by a constable, and the
proceeding shall be the same, as nearly as may be, with








LI7J

the proceedings required in the foregoing sections of this
act; and when the amount claimed shall exceed the surn whenclamnel
of twenty dollars, and shall not exceed the sum of one ceeds $29
hundred dollars, the said writ of attachment may i;e
made returnable to the county court, or to a ju.lice of
the peace, and in the latter case, it shall be served byf
constable.

Sec. 13. Be itfurther enacted, That the filing of the
declaration and other pleadings in a suit commenced by
attachment, shall be governed by the same rules which aot p fruits
govern the filing of the declaration and other pleadings
in ordinary suits at law.
Sec. 14. Be it further enacted, That previous to
the rendition of judgment, whenever the amount claimed
is upwards of one linidred dollars, the court shall require ohen'Pr
satisfactory evidence, that publication has ~wen made twice in newv
in some ipulic news-paper, in this Territory, icnarers to' paper.
the place of holding court, once a week, for at least six
weeks, giving notice of the institution of said suit, and
of the issuing of said attachment; and when the amount
claimed is less than one hundred dollars, such notice
When lef
shall be proved to have been posted up at the court house tian
door, and at three other public places in the county, for
at least ,ix weeks, previous to the day oftrial.
Sec. 15. Be if further enacted, That all acts in rela-
tion to, or regulating the mode of proceeding on attach-
ment, in force at the time of the passage of this act, be epeali
and the same are hereby repealed. lause.
Passed, October 29fh, 1829.

A. BELLAMY,
President of the Legislative Council.

THOSE. MUNROE, Cleik.
Approved, November 2d, I 29.
WILLIAM P. DUVAL.
Governor of the Territory of Florida.
C









AN AC F

'Tio amend as "An ~ct concerning Divorcei Od Aliiany. for otb14
purposes."

Be it enacted by the Governor and Legislative Counci
vf the Territory of Florida, That no person shall be en,
titled to apply for a Divorce, under the act to which this
is an amendment unless he, or she, shall have been a
resident of this Territory at least twelve months previ-
ous to such application.
Sec. 2. And be iturther enacted, That "an act to a-
anend an act, entitled an act concerning divorces, and
alimony," approved, October 22d, 1828, be, and the
same is hereby repealed.
Passed, November 3d, 1829.
A. BELLAMY.
President of the Legislative Council.
THOSE. MUNROE, Clerk.

approved, 5th November, 1829.
WILLIAM P. DUVAL.
Governor of the Territory of Florida,




AN ACT

aiore effectually to carry into operation 'an act to open a Steam Boat passage.


near the Atlantic Coast." ,%.

Time extend. Be it enacted by the Governor and Legislative
4d to 1830. Council of the Territory of Florida, That the period of
time appointed by the said act for the commissioners to
open books of subscription, and which period was limited


Mo divorce un.
less 12 months
residence.





Repeal.









tb the first Monday in May 1829, be atd the same is
hereby extended to the third monday in October 1830.
Sec. 2. And be it further enacted, That the tenth 0th sectioB1
section of the said recited act be, and the same is hereby repe1d.
repealed.
Passed, November 3d, 1829.
THOSE. MUNROE, Clerk.
A. BELLAMY.
President of the Legislative Council.
approved, Novreber 6th, 1829.
WM. P. DUVAL,
Governor of the Territory of Florida.




AN ACT
To amend "an act, to determine the fees ofcertain officers of this Territory
and for other purposes," approved Novermber 1828'

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That so much of the act, to Repeal.
which this is an amendment, as allows any officer to
charge fees to the Territory of Florida, or any county
thereof, be, and the same is hereby repealed, except so Except.
far as the services, for which such charge is allowed,
may be necessary to ensure the apprehension and safe
keeping of criminals, "and their prosecution.
Sec. 2. Be itfurtherenacted, That when any officer
shall perform any service under and by virtue of any law When no pt
of this Territory, and no compensation is allowed by viioa
law, to such officer, for said service, he shall receive
the same compensation as is allowed by law to any other







t201

officer, for the same, or for a similar service, and whea.
no compensation is provided by law for such service, he
shall receive there for reasonable compensation to be
be tlacd taxed by the court before or in which said service may
court c. be performed, or by the presiding justice of the county,
in which said ser ice mnay be pertbrmed.
Sec. 3. Be itfurther enacted, That all feesaulhorised
to be charged by this act, or by the act, to which this is
an amendment, except those allowed to witnesses (which
d, e- are hereinafter provided for) shall become due and de-
Cndable. mandable, on the first day of January, in each and every
year, or at the time of issuing execution after the ter-
mination of the suits they accrued in; whire said fees
have accrued in a suit, or matter, pending in, or deter-
mined by, a court, and in all other cases, such fees shall
be due, and demandable at the time of performing the
services for which they are allowed.
fe bi taxed Sec. 4. Be it further enacted, That all fee bills, taxed
d certified, and certified as legal, by the clerk of any court of record,
when said fees accrued in suits in such court, or by any
justice of the peace of this Territory. when the same ac-
crued before such justice, or did not accrue in any court
b have force of record, shall have the force and effect of an execution,
texecution. and may be collected by the marshal, sheriff, constable,
or other officer, in like manner as other executions;
ioviso. Provided, that when said fees have accrued in any suit
before any court, a duplicate of such fee bill shall always
be left on file, among the papers of the suit in which the
fees accrued.
Sec. 5. Be itfifurther enacted, That on the last day of
witness'. the attendance of any witness in each term, it shall be
lawful for the witness to prove his, or her, attendance,
by oath before the clerk ofthe same, who shall make a
ket certifi- certificate thereof without charge for such proof, or cer-
to haveU tificate, and4l*eh certificate, proving his, or her, atten-
dance shall have the force and effect of an execution and
may be levied upon the goods and chattels of the party,
b)i-o, in like manner, as in cases of other executions : Provided
nevertheless, that such witness shall have the right, at
his, or her, own option to defer making out his, or her,
account, until the suit, in which he, or she, shall be sum-









moned as aforesaid, shall be determined and have the
same taxed in the fie bill ; and Providing, that when
any witness shall charge and levy more than is really
due, he, or she, shall forfeit and pay to the party injured
four times the amount so unjustly charged.
Sec. 6. Be iljurther enacted, That when any party
shall have paid the account of his, her, or their, witness-
es, for attendance, or any fee hill taxed and collected as
provided for in the fourth section of this act, previous to
the termination of any suit, he may, if iue succeed in such
suit, have the same taxed in the bill of costs against the
unsuccessful party.
Sec. 7. Be itfurther enacted, That so much of the
first section of the act, to which this is an amendment, as
requires clerks to be paid by the county for every distinct
service, for which no compensation is provided by said'
act, so much of said section as allows fees to judges of
county courts; so much of said section as allows clerks of
county courts, for attendance on court, four dollars per
day, so much of the act, to which this is an amendment,
as gives to the district attorneys, five dollars for every
true bill found by a granl jury, and so much of the said
act as allows any other, or greater fees to the keeper of
the publicarchives in this Territory than such as are
allowed by the act of Congress, and the second, third
and fourth sections of said act, be and the same are here-
by repealed.
Sec. 8. Be it further enacted, That nothing in the
first section of the act to which this is an amendment
shall be so construed as toallow to the Secretary of the
Territory any fee for certifying, or sealing, any commis-
sion for a public officer of this Territory.
Sec. 9. Be it further enacted, That this act shall
be in force from and after the passage thereof.
Passed, 5th November, I829.
A. BELLAMY.
President of the Legislative Council.
THOSE. MUNROE, Clerk,
Approved, November 7th, 1829.
WM. P. DUVAL.
Governor of the Territory of Florida,


Providing.



PArty paying
witnesses.



May tax it in
bill of costs,

Repealing.















No fee to Sec.
retary of Ter.
ritory in cer-
tain cases.

To be in force







[221


AN ACT

To authorise Lacklan McIntosh Stone to execute a certain Conveyance,

WHEREAS a certain William Cornish did, on the 9th
October 1829, execute a certain power of attorney,
in the presence ofone Jonathan Black Junr. and Wat-
son Reid, and whereas the said parties now reside in
Preamrble. the Territory of Arkansas, and thereby said power of
attorney cannot, under existing laws, be admitted to
record without manifest inconvenience and delay, and
as it is essential to the interest of all the parties con-
cerned that said power should be immediately carried
into effect.
-Be it therefore enacted by the Governor and Legislaive Cotrn
cil of the Territory of Florida, That Lacklan Mclntosh
Authorised to
record power Stone, be, and he is hereby authorised, upon making
ofattorney. satisfactory proof of the hand writing of the said Will-
iam Cornish before the proper officer, to have the said
power of attorney recorded in the proper office in this
Territory.
Sec. 2. Be it further enacted, That after said power
of attorney has been duly recorded, any conveyance
ffet made, in pursuance thereof, shall he as good and valid
in law and equity, as if the same had been regularly
proven and recorded. And this act shall be in full force
and effect from its passage.
Passed, 10th Novmber, 1829.
A. BELLAMY.
President of the Legislative Council,
THOSE. MUNROE, Clerk-
Approved, November 12th, 1829.
WILLIAM P. DUVAL.
Governor of the Territory of Florida:








AN ACT


To amend "an Act to regulate the driving, or bringing into the Territory of
Florida, Neat Cattle belonging to persons. citizens of the several States.

Be it enacted by the Gorernor and Legslative Conned Not more th
of the Territory of Florida, That not exceeding fifty o0cents pert
cents for each and every head of neat cattle, which now head tu be al
are, or hereafter may come, or be found in this Territo- essed.
ry, the proprietors of which, are non residents, shall be
assessed annually by the county court.

Sec. 2. Be it further enacted, That whenever there is Suspected pa
son to make
the slightest suspicion that any person, or persons, have oath.
not complied with the requisitions of the statute, to which
this is an amendment, it shall he lawful, and hereby is
made the duty of any justice of the peace, to cause said
person, or persons, to come before him and take the fol-
lowing oath, "I A. B. do, solemnly swear that I have
not in my care, possession, or control, any cattle be-
longing to, or the Ironerty of a nton-resident of this Ter-
ritory; and, if any person. or persons, shall when brought Refusingto
before any justice of the peace refuse to take the oath so.
prescribed by this act, said justice shill fine each and
every person, so refusing, in a sumr not exceeding twen-
ty dollars for the use of the county, and all cattle found
in his, or their, possession shall he held subject to, and
liable for, the tax to he collected in any court of compe-
tent jurisdiction in said county, or district.
Sec. 3. Be it further enacted, That if any person, or
persons, residents either in, or without this Territory,
shall take from. and drive away, any V ermon's r persons' Dring att
i. 'more thatn fim
cattle from the range, or place, where said cattle most miles from
usually graze. more than five miles, said person, or per- range.
sons, on proof thereof being made before any court of
competent jurisdiction, sh il :ie fined in a sum not ex-
seeding fifty dio!lars, at the di,-cretion of the court, one
halfto the informer, the other, for the use of the colun-









Sec. 4. And be itfurther enacted, That so much of the
peal" act, to which this is an amendment as militates against
the provisions of this act, be and the same is hereby re-.
pealed. This act to take effectfrom and after its pas-
sage.
Passed, 7th Novrmber, 1829.
A. BELLAMY.
President of the Legislative Council.
THOS. MUNROE, Clerk.

Approved, Novmbe 1l2th, 1829.
WILLIAM P. DUVAL.
Governor of the Territory ot Florida.




AN ACT

To incorporate the LaFayette Salt Company of Key West. I

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That, from and after the
passage of this act, all those persons who have already
"' 'rated associated themselves, or may hereafter join a company
or limited partnership, under the name and title of the
LaFayette Salt Company of Key West; and their suc-
cessors, shall be, and they are hereby incorporated and
made a body corporate and politic, by the name and style
of the LaFayette Salt Company of Key West, and as
Di tine until sucl shall continue until the first day of January one
thousand eight hundred and fifty. And by that name
may sue Mind be sued, implead and be imipleaded, an-
rwers. swer and be answered, defend and be defended, in courts
of record, and any other place whatsoever, and by that
name may have and hold, purchase, receive, possess,
enjoy and retain, lands, rents, tenements, hereditaments,
goods, chattels, and effects of what nature, kind, or







(25


quality, soever, necessary for the objects of this incor-
poration, and the same may sell, grant, demise, alien
and dispose of, and by that name shall have, during the
continuance of this act, succession and may make, have
and use, a common seal, and the same may break, alter
and renew, at pleasure, and shall have power to ordain,
establish and put in execution, such by-laws, ordinan-
,es and regulations, as shall seem necessary and con-
venient for the government of said corporation, not being
contrary to law, nor the constitution thereof, and, gene-
rally, to do and execute all acts necessary, or proper,
for the objects of said incorporation, subject to the rules,
regulations, relt rictions, limitations and provisions, here-
in directed and declared.

Sec. 2. Be it further enacted, That the capital stock
of the said company shall consist of not exceeding
seventy-five thousand dollars, money of the United
States, to be divided into shares of one hundred dollars
coach.

Sec. 3. Be it further enacted, That the affairs of
the said CCmpany shall be conducted by five Directors
who shall choose from. their bully a President. Two
of the Directors with the President shall form a board,
or quorum, for transacting ell the business of the com-
pany. In case of the sickness of the President, or his
necessary absence, his place nima be supplied, by any
Director whomr, he by writiiig under his hand, may
nominate for that purpose, or in cas,. af his not making
such a nomination, the board may appoint a president
to act during his sickness or absence. The President
and Directors, who may be in office at the ime of the
passage of this act, or shall subsequently be ha pointed,
b) the stockholders, shall continue in office int. r and
by virtue of this aet of incorporation, until others hall
be duly chosen in their stead ; and no person shai, e
a Director, or President, who is not a stockholder, a.
a Director ceasing to be a stockholder shall cease to bb
a Director. Every stockholder shall be entitled to vote
by himself, his agent, or proxy, appointed under his
hand and seal, at all elections in virtue of this act, and
Shall have as many votes as he shall have shares.
D


Stock $ 750
Shares $10(
each.


Five director


What a quOa
rum.
!
Prest.pro.tetj








No one to b$
Prest. or direct
tor, &c.
Proxy.









Sec. 4. Be it Jurther enacted, That a general meet-
ing of the stockholders of the said company shall be
inl.meeting holden on the first, monday of January, one thousand
eight hundred and thirty-.one, and on the first Monday
of January in every year thereafter, at such place, as
the President and Directors may appoint, by giving
two months notice in the News Paper, published at Key
West, for the purpose of electing Directors for the en-
suing year ; who shall meet speedily after their election,
and choose a President, and the president and directors,
for the time being, shall continue in office until others
shall be duly elected in their places, and be organized
by the assembling of a quorum and the choice of a pre-
lectioas. sident. At all elections the persons, having the great-
est number of votes, shall be deemed to be chosen. All
elections shall be held under the superintendance of the
president of the company, for the time being, and five
stockholders not being at the time directors appointed
by the board of directors, any four of whom shall be
th. judges thereof, and who shall immediately there-
after wotify the persons elected, and make a return
thereof to the directors, at their first meeting ; should
two, or more persons, have the same number of votes,
the other individuals elected directors shall determine
by ballot from among said persons, who shall be the
tons at 10 director, or directors. All elections shall be opened at
l. ten o'clock in the forenoon, and close at three in the
afternoon.


P,'rerq ofPre-
kiet& airec-







gooks &c. 0.
mpea to dicts.


Sec. 5. Be it further enacted, That the President
and directors shall have full power to make, revise, alter
and annul, all such rules, orders, by-laws and regula-
tions, for the government of the said Corporation, and
that of its officers, servants and affairs, as they shall,
from time to time, think expedient, and to use, employ,
and dispose of, the funds and property of the said comr
pany for the interest and benefit of the stockholders, and
agreeably to the objects of the said incorporation.
Sec. 6. Be it further enacted, That the books, cor-
respondence and papers, of the company, shall at all.
times, be subject to the inspection of the directors.







Lb~j
Sec. 7. Be it further enacted, That the President and
Directors shall have power to appoint all officers, or ser-
vants requisite, for executing the business of the said
company; and to establish the compensation to be made
to the president and to the other officers, or servants,
of the said company, respectively ; but no compensation
shall be given to a director for his services except by a
vote of the stockholders in a general meeting.

Sec. 8. Be it further enacted, That the President
and Directors shall have power to call a general meet-
ing of the stockholders, for the purposes concerning the
interest of the company, giving at least tvo months
notice in the newspaper published at Key West.

Sec. 9. Be it further enacted, That the shares
of the capital stock, at any time owned by any individual
stockholder, shall be transferable only on the books of
the company according to such rules as may, conforma-
bly to law, be established in that behalf by the President
and Directors, but all debts actually due to the company,
by a stockholder requesting a transfer, must be satisfied
before such transfer shall be made.

Sec. 10. Be it further enacted, That the dividends
of the profits of the Company, or ao much of said pro-
fits, as shall be deemed expedient and proper, shall be
declared half yearly in the second week in January a-nd
July in each year; the amount of said dividend to be,
from time to time, determined by the President and
Directors, and, in no case, to exceed the amount of the
neat profits, actually acquired by the Company, so that
the r capital stock of said company shall never be impair-
ed by dividends.

Sec. 11. Be it further enacted, That if the said
Directors shall, at any time, willfully and knowingly
make, or declare, any dividend which shall impair the
said Capital Stock, all the Directors present, at the
making, or declaring of said dividend, and consenting
thereto, shall be liable in their individual capacities to
the Company for the amount, or proportion, of said
capital Stock so divided by the said Directors: And
acchDirector, who shall be present at the making, or


Officers at
Servants

Their compa
station.




Genl. meeting]






Stock transfer
able & how.


Dividends sfdl
mi-annually.

Capital stock
not to be inr
paired by divi-
dueds.







Directors in
certain cases':-
individually 4.
ablo.







L 28]
declaring of such dividend, shall be-deemed to have con-
sented thereto, unless he shall, immediately, enter into
writing his dissent on the minutes of the proceedings of
the Board.
reanciy Sc. 12. Be it further enacted, That if any vacancy
Sdirectos shall at any time:happen among the Directors by death,
resignation, or otherwise, the rest of the Directors, for
the time being, shall elect a Director to fill :he vacancy.
Sec. 13. Be it further enacted, That in case it should,
inr to elect at any time happen, that an election of Directors should
no be made on any day, when pursuant to this act. it
ought to have been made, the said corporation shall not,
ot a dissolu- for that cause, be deemed to be dissolved, but it shall be
o lawful, on any other day, to hold and make an election
of Directors at a meeting to be called in such manner
as shall be prescribed by the laws and ordinances of said
Corporation.
Passed 6th November, 1829.
A. BELLAMY,
President of the Legislative Council.
THOSE. MUNROE, Clerk.
Approved, 12th November, 1829.
WILLIAM P. DUVAL,
Governor of the Territory of Florida-




AN ACT

To amend "an act concerning Roads, Highways and Ferries.

Be it enacted by the Governor and Legislative Council
What are pub of the Territory oJ Florida, That all roads in the sever-
ei roatds, eral counties in this Territory, that have been laid ott.







[29]

iy order o( any court according to law, shall be and th y
are hereby, respectively, declaredto be pub!tc roads, and
the county courts in tne several counties of this Territo-
ry, now established, or hereafter to be established, shall
have full power and authority on application to order
the laying out o'fany public road, or roads, throughout
their county, when the same shall, by them, be deemed
necessary, and to discontinue such public roads as now
are, or hereafter shall be found useless, burthensome,or
inconvenient, and alter the roads now, or hereafter to be
established, as often as occasion shall require.

Sec. 2. Be it further enacted, That whenever a
petition shall be presented to the county court, signed
by twelve, or more, householders inhabitants of the coin-
ty, praying for the establishment of a publicroad, fiom a
certain place therein specified, it shall be the duty of
such court thereupon, if the petition shall appear reason-
able to appoint not less than three, nor more than five
Commissioners, any three of whom shall ha e power to
act, which said commissioners shall be householders re-
sident in said county, and the said commissioners shall
respectively tflke an oath, before any justice of the peace
for said county, to view and rmurk out the said proposed
road, the nearest and most practicable route, and to the
greatest ease and convenience of the inhabitants, and as
little as may be to the prejudice of any person, or per-
sons. And it shall be the duty of said commissioners to
proceed, as soon as may be convenient, to lay out said
road and make return thereof, under their hands, to the
next county court '(noting thereon the distances and
courses, as near as practicable, of such [ proposed road)
which return so made shall be filed in the office of the
clerk of the county court.

See. 3. Be it further enacted, That each and every
commissioner appointed to view, or mark out any pub-
lic road, or highway, in this Territory shall as a full com-
pensation for his services he exempt from working on
the public road in his, or their, respective divisions, or
road districts, as many days as he, or they, were actu-
ally engaged in viewing and laying out said road.


County cumit
power Lo lay
out rudd-.


When petition
&c.





To appoint
com'rs.






Their duty.










Theircomper
station.







130o


Vlien Tld
pas~ei tilro,
Pr% te land.
and objecLed







11Writ orad
auod damnam.


Sec. 4. And be ilfurtLer enacted, That when the
road, so laid out, sh;ll pass through their landsofany
person, or persons, who shall object to, or consider them-.
selres aggrieved by the same, it shall ie the duty of the
said court, on application in writinu, fioij the person,
or persons so objecting, at the next term of the said
court, to issue their precept directed to the sheriff, cor-
oner, or constable (as the case may be) ordering him to
summon a jury of twelve householders in said county,
and to proceed to the ground, through which, said ob-
jection has been made, to the passing of said road, and
upon actual view and upon oath, to enquire and certify
to said court, what damages, if any, and how much in
their opinion, accrued to the owner, or owners, of such
ground by the passing of the road through the same,
and the sheriff, or other officer, shall return the inquisi-
tions by him so made, signed by all the jury to the next
court after the same was taken, and it shall be the duty
of the said court to order the damages so assessed to be
paid out of the county treasury : Provzded nevertheless,
That n hen it shall appear to the court that the damages,
so assessed, transcend the utility of that part of said road,
such court shall order the same to be altered, in such
manner, as to do such person, or persons, the least pos-
sible injury, unless tile person so complaining, or object-
ing, shall agree to accept such compensation as shall be
deemed just and reasonable, by the said court, and pro-
vided also, that nothing shall be allowed to any person,
or persons, when such road passes through their utim-
proved lands and Provided further, that if no objection
is made, or sufficient reason shewn, to the said court
during the tiineto which the return of the said commis-
sioners shall have been made, why the proposed road so
designated, as aforesaid, shall not be allowed and estab-
lished, the said court shall declare the said road so de-
signated to Ib a public road and highway, so to remain
until altered by authority of law.
Sec. 5. Be itfurther enacted, That all public roads
laid out, now in use, or which shall hereafter be laid out,
shall be cleared of all trees and brush at least twenty
feet wide, and such limbsof trees, hanging over the road
as may incommode horsemen and carriages, shall be







[31]

c6t away, and'nostumps shall exceed six inches in height,
all bridges, or c way, r made, or to be inade, over
small water courses, swamps, or low landis, slall be
made and kept in repair by the hands subject to work on
the roads, where the same may be necessary, and the
materials wherewith the same shall be iade, may be
taken from any lunl the most convenient to such cause-
ways and bridges, aniifshall be laid across the road, mnd
be at least fifteen feet long well secured and made faut
and covered with earth.


be n;ur nh tn
lilies fiig.
liridgeg &c.
to )e kept in re7
pair.


Sec. 6. Be itfurfcer enacted, That it shall he the
duty of the county court in each county to appoint one,
or more justices of the peace. in each district whose du-
ty it shall be to lay otf the several roads therein, into
road districts of convenient length, who shall make a re- Roada to be
turn ofthe districts, and the number of them, to the districted.
next county court for said county, and the said court, on
the receipt ofthe said return from said justice, or justices,
shall at the same term proceed to appoint one fit person
being a householder in each district or road division (as
overseer) and the clerk of the county court shall, within Overseers.
twelve days after the appointment of the overseers, as
aforesaid, to the several districts, notify them of their
appointment, and it shall moreover lie the duty of the
justice, or justices of the peace, laying out the road di-
visions in his, or their districts, from time to time, to
apportion the persons therein subject to work on said :o,. gk on
roads, in such manirer, and such portions as they shnll roads.
deem just and equitable, regarding as tar as possible the
convenience of the peopleand the situation of the roads,
and to give to each overseer of roads in their district, a
copy of the appointment so made, and a list of the names
ofthose who are to work his road division.


Sec. 7. Be itljrther enacted, That all justices of the
peace and overseers of roads so appointed shall serve for
one year, and until others shall he appointed, and evpry
overseer so appointed, who shall refuse, or neglect, to do
their duty as directed by this act, or shall fail to keep the
roads and bridges over small water courses and cause-
ways in swamps and low lands, in good repair, or let
them remain uncleared, or out of repair, for the space- ef


J1U. P. and'
ov erseers to
serve 1 yeac.

Neg ect e f dT,;
t v.








'132]

'ffteen days unless hundred by extremely bad weather,
such overseer shall forfeit, for" every such offence, .the
sum of ten dollars to-be recovered by warrant from un-
der the hand and seal ofany justice of the peace for the
county, one half for the use of the person prosecuting for
the same, and the other half for the use of the county,
and sihtll moreover be subject to an action for damages,
at the suit ofany person injured by such.neglect, and it
shall be the duty of the grand jury of the county, from
time to time, to make presentments, or prefer indict-
ments to their superior courts of such roads as they shall
find out of repair.
Sec. 8. Be it further enacted, That each justice of the
peace who shall be appointed to perform the duties,
which are required of then by the provisions of this act,
shall as a full compensation for his services in making
out each list of road hands for each and -every overseer
and assigning the limits of his district, or road division,
be exempt one day from working on the public roads in
the district in which he may reside.


Sec. 9. Be ii fur/thr enacted.. That if any justice of
the peace, who mntv be appointed to perform the duties
.1. P. ne-lect- aforesaid, nh..ll neglect to perform said duties, suchjus-
ing hisduy. twice shull forfeit and pay a sunt not exceeding fifty dol-
l]ar-, to be recovered on preseaitment by the grand juiy
in the superior colrt of the proper county.


Who fthject to
,work on roads.




Froviso.


'Se. 1;o. B it further enacted, That all able bodied
free wh!ie nmaies,, bct't eeu t.ie age or eighteen and forty
five ye:'rs, residents l fr Iu r lIy d;tys in any county of this
Territory, and all ablei i1Jdieid IIn'.e slaves free negroes
anmi mnuiitts froiui the age of sixteen years to fifty, re-
ridei,: a~s .inrte-ti-i, shi.ll be subject to work on the pub-
4ic roads and hiihtw.n s in such county: Provided howev-
cr, th:tt ill ordained preachersof the gosped and pra--
tisin physicians, all teachers of seminaries of learning,
post-masters, millers, pilots and their crews, and ferry-
men, may be exempt from working on the public roads
of this Territory.
Sec. 11. Be it further enacted, That all citizens, enu-
merat6d in the proceeding section, residents for twenty


Lbe to ac.
JCioi on the
asP.








I~oJ. P .nef







[33]


days, in any corporate city, town, or village in this Ter-
ritory may beexempt from working on the public roads InCity,Tow
and highways except so much thereof as are within the &c.
corporate limits of the sa-me; but shall nevertheless be
bound to keep all public roads and streets so far as the
limits of any corporate city, town, or village in this Ter-
ritory may extend in good repair, agreeably to such rules
and regulations as the corporation ot the same may pre-
scribe.
Sec. 12. Be itfurther enacted, That when ever the
said roads, bridges, or causeways, shall require repair-
ing, the overseer shall give at least two days notice,, to
all persons, subject to work within their respective road aBrigesfant
divisions, or districts, of the time and place of attend- be repaired.
ance with such tools as lie may deem necessary; and if
any person subject to work, as aforesaid, shall fail to
attend agreeably to such notice, together with the slaves, Neglect!
sons, wards and apprentices, owned by them, or under
them, or under their care and management, they shall
be subject to pay a fine of one dollar per day, for every
person so failing to attend to be recovered of such white Penalty.
person failing, and the goods and chattels of the owner,
or possessor of such slave, orslaves, and on the goods
and chattels of the father, mother, or guardian, of any
white person, mulatto, or free negro, under the age of
twenty one years, who shall fail to work on any road, as
aforesaid, by warrant in action of debt, before nny jus-
tice of the peace in the name of the overseer b ho shill
nevertheless be a competent witness against sur-h de-
foulter, or defaulters, unless the party making such de-
fault shall, within ten days thereafter, make such xcu(se, Proviso.
on oath, as may be deemed satisfactory to the overseer.
and Provided, also, th.,t no justice of the 1pece sh!)-l le
authorized to issue a warrant, as aforesaid, without sat-
isfactory proof being first made, that the notice required Prviso.
by this a-t was duly served, Provided, however, that if
any defaulter succeed on the trial, the cost to be paid out
of the tines, or forfeitures, iacured under the provisions
of this act.
Sec. 13. Be it further enacted, That when any person
shall be desirous of removing any road for private con-
E







r 4 1
venieoce, such person shall petition the county court fbt
tad soughtto leave to remove the same, and on such petition, it shall
a changed, be the duty of the said court, then to issue an order, di-
rected to three freeholders of the neighbourhood, who
being sworn, as is by law herein before directed, shall
proceed ao view the ground, where such removal is in-.
View, tended to be made, and if the said freeholders shall re-
port to the next court, that such alteration will be equal-
ly convenient, the court may order the same to be made
by the person, petitioning for the same, which shall be
cleared by the petitioner as is herein before directed.
Sec. 14. Be itfurther enacted, That the overseers
Nmmutation shall be and they are hereby authorised to commute per-
owed. sonal labor for wagons, teams, or any necessary imple-
ments of labor, which may be required on the road.
Sec. 15. Be it further enacted, That when any person
Sbtrcting shall hereafter make any fence, or cut any tree, or make
ad, any other obstructions in, or cross, any public road un-
less removed within one day, such person shall, for eve-
ry such offense, pay a fine not exceeding fifteen dollars,
enaty. to be recovered by a warrant, under the hand of any
Pnl justice of the peace, to be applied as is hereinafter to be
directed, and it shall be the duty of the overseers of the
road forthwith to cause the said obstruction to be removed.
Sec. 16. Be it further enacted, That it shall be the
badsigns, duty of each and every overseer of the public roads, as
aforesaid, to put up road signs, or directions painted or
cut on boards, with capital. letters, and safely secured on
posts, or trees, and at every conspicuous fork of such
public roads, within his road division, and such Overseer
shall receive, for each road sign so put up, not exceeding
one dollar, and for each and every day he shall be actu-
ally employed in notifying persons to work on said roads,
Pty for. &c. to
vfeseer. Ignore than the number of days such overseer is assessed
to work on the roads, he shall receive the sum of one dol-
lar per day, to be allowed by the court of the proper
county, and paid out of any money which may have been
paid into the county Treasury, for fines, or forfeitures,
incurred underthe provisions of this act not otherwise ap--
propriated.









Sec. 17. Be it further enacted, That if any overseer
who may hereafter be appointed under the provisions of
this act, or if any commissioners, who may be appointed
as aforesaidto view any road, who shall fail, or neglect,
to perform the duties required of them by law, each and
every overseer or commissioner, so failing, or neglecting,
shall forfeit and pay a sum not exceeding fifty dollars,
to be recovered by presentment by the grand jury in the
superior court of the proper county: Pravided, That no
overseer shall be required to perform m any other public du-
ty, the years, he may so act as an overseer.

Sec. 18. Be itj further enacted, That if any person
shall knock down, remove, or deface, any road sign,
board, or post, or mile post, on being thereof duly con-
victed before any court having cognizance of the same,
shall, if a white person, be fined in a sum not less than
ten, nior more than fifty dollars, at the discretion of the
court, one half to the use of the county, and the other
half to the informer, and if a slave, or free person of col-
our, shall receive twenty nine lashes on the bare back,
at the discretion of any court having cognizance of the
matter, unless the owner, or guardian, see fit to pay the
fine and costs.

Sec. 19. Be it further enacted, That no person shall
Ieep a ferry in this Territory so as to demand, or re-
ceive pay, without a special license first had and obtain-
ed from the county court of the county, where such fer-
ry may be, and the said court are hereby empowered on
the payment of such sum, as the said court shall deem
reasonable, not less than two and not exceeding twenty
dollars for the use of the county, to grant license to each
and every person applying, who shall bejudged suitable
for such service by the said court, for the term of one
year, from the time of giving such license, to keep a fer-
ry at such place, as the said court shall judge most pro-
per; and the court shall state the fare and ferriage, at
each ferry, for passengers, horses and other creatures,
carriages, wagons, carts, teams and other things trans-
ported, always having regard to the breadtH and situa-
tion of the stream, and the publicity of the ferry, and
Provided, always that every person having applied for


Comms'r and
overseer Je-
glecting duty


Penalty.


Proviso.


Destroying
road signs an4
mile posts.



Penalty.






To keep a f'rl
ry, license ie-
quirea.










Fare to be do
tormined by
C'ty Ct.

Provi'sa

















erryman re-
sirg &c. to
Passengers










p ,nes, &c. un-
er this act.











Road duty.
.Proviso.


[38]

license, as aforesaid, shall, before the same shall be.
granted, give bond with one, or more sufficient securi-
ties, to the clerk of the county court of the county wherein
each ferry may le, and his successors in office, in such
sum as the said court shall order, conditioned for the
faithful performance of the duties of his station.

Sec. 20. Be it further enacted, That if any person,
licensed to keep a ferry, shall on being tendered his law-
ful compensation, refuse, or neglect, without a reasona-
ble and lawful cause to cross any person, his horse, cat-
tle, carriage, brutes, or property, in a convenient time
after such application, such ferry-men shall for every de-
lay of thirty minutes forfeit and pay the sum of not less
than two, nor more than twenty dollars to the person in-
jured, to be recovered with costs of suit before any jus-
tice of the peace in the county in which said ferry is
kept.

Sec. 21. Be it further enacted, That all fines and for-
feiturs, which may hereafter be incurred under the pro-
visions of this act, shall be paid into the county Treasu-
ry, and afterthe payment of the overseers as is provid-
ed for by this act, shall be, and the same are hereby di-
rected to be appropriated to the improvement of the sev-
eral public roads and highways in the counties, in which
the. same may have been incurred, either by hiring horses,
waggons, labourers, or otherwise, as the overseers of the
several road districts, or divisions, shall deen most ad-
visable and proper, and an order from such overseer
shall be deemed a sufficient voucher to the county Trea-
surer for the payment thereof.

Sec. 22. Be itfurther enacted, That the road duty,
which hereafter may be required of the citizens of this
Territory, shall not exceed four working days, at one
time, or eight days in the year; Provided, however, that
if at any time there be trees, or other obstructions blown
across any public road in this Territory, or from exces-
sive rain, some small bridge, or causeway, he washed
away, the overseer of said road be authorized, and he is
hereby required, as soon as may be expedient, to call out
a sufficient number of the. road hands most convenient'







[371j

and proceed to repair or remove, said obstruction, and
lie shail at the next general roud working exempt the Repeal.
said hands, as many days as they i ere actually en-
gaged in making said repair, or removing said obstrue-
tion.
Sec. 23. Be it further enacted, That all !aws milita-
ting against the true intent and meaning of this act, be,
and the same are hereby repealed.
Passed, 9th November, 1829.
A. BELLAMY,
President of the Legislative Council.
THOSE. MUNROE, Clerk.
Approved, November 13th, 1829.
WILLIAM P. DUVAL.
Governor of the Territory of Florida.,




AN ACT

To establish the Boundary Line. between Leon, and Jefferson Ceunties.

Be it enacted by the Governor and Legislative Council
of the territoryy oj Florida, That the boundary lineofLeon
and Jetfe rson counties, shall commence at the mouth of L:ne to onm:
the river St. Marks, thence ru.niug up said river to the mence,&c:
fork, tlience up the eastern branch, to the point where
the towishiip line, dividing ranges two and three crosses
the same, tuence along said township line, to the first
towashy, post north and east, tiomn thence east along
the township line, between townships, one and two, in
range three, to the point where the same strikes the
Micosuiey, thence up said lake to the south, boundary of
to~ ship Ao. 3, range Ao. 3, north and east, thence up
the lake to the eastern boundary line of section No. 344









in sail township'No. 3, thence north, with the eastern
0 to corgia boundary lines of sections, No. 34, 27, 22, and 15, in
said township, to the Geo gia line.
Passed, November 11th, 1829.
A. BELLAMY.
President of the LUgislative Council.
THOSE. MUNROE, Cleik.
Approved,"Novmbcr 14th, 1829.
WILLIAM P. DUVAL.
Governor of the Territory ot Florida.




AN ACT
'o authorise William Keer, to erect a Mill-lam across the Ocklocknee River:

Be if enacted by the Governor and Legislative Council
of the Territory of Florida, That William Keer shall be,
and he is hereby authorised to erect a mill-dam across
ithoriseq to the Ocklocknee river, beginning at any point in the frtic-
ctadain. tional section, number twenty two, in township number
one, range two, north and west, and extending from
said point directly across the said River.
Sec. 2. Be it further enacted, That the said dam shall
o rontnu continue for, and during the full end and term of twenty
entyyears. yoars: Provided, said William Keer, or his heirs or as-
signs, shall so construct the said dam as not to obstruct
proviso. the free navigation of the said river, and Provided fur-
ther, that this grant shall not be so construed, as to in-
terfere with, or atridge in any manner, an act to incor-
porate a company to be called the "Ocklocknee and
Lake Jackson Canal and Navigation Company," ap-
proved the 19th day of November, 1828, or to impede
in any manner, any public improvements which may









now be commenced, or may hereafter be commniced on
any part of the said river.
Sec. 3. And be itfurther enacted, That this act shall i rI
be in full force from and after the passage thereof.
Passed, 13th Novmber, 1829.
A. BELLAMY,
President of the Legislative Council.
THOSE. MUNROE, Clerk.
.Approved, November 15th, 1829.
WM. P. DUVAL,
Governor of the Territory of Florida,


01001,10"

AN ACT
la relation to the validity of certain records in Mlunroe County.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That an act, entitled an act,
"to legalise and on-ke valid, certain records in the coun- Anact&c. iri
ty of Munroe, and for other purposes," shall continue in l reIor1 lyeaF
force from and d, ring the term of one year, from the
passage of this act.
Passed, 131/ November, 1829.
A. BELLAMY.
President of the Legislative Council-
THOS. MUNROE, Clerk.
Approved, November 151h, 1829.
WM. P. DUVAL.
Governor of the Territory of Floridat









AN ACT


Providing for a Term of the County Court for the County of Munroe,

Be it enacted by the Governor and Legislative Council
becial trm. ofthe Territory of 'Florida, That a special term of the
county court for the county of Munroe shall be held on
the first monday ot January next, at which time all bu-
siness which might have been done at the regularterms
of said court shall ba done by the same, and also all or-
ders madeby thejndges of said court, in vacation, shall
be examined and be finally disposed of by the said
court.
Sec. 2. And be it further enacted, That the county
Courts, of fth county of Munroe, shall be held at Key
so,. said TWest, on the first monday of April, and December, in
each and every year.
Passed, November 136t, 1829.
A. BELLAMY.
President of the Legislative Council.
THOSE. MUNROE, lcilci.

Approved, 15th November, 1829.
WILLIAM P. DUVAL.

Governor of the Territory of Florida.




AN ACT

To regulate the fees of Notaries Public, in the case of Wrecked Vessels, and
property appertaining thereto.

Be it enacted by the Governor and Legislative
Council oJ the Territory of Florida, That the Notaries
Public, in this Territory, from and after the passage of,









his act, shall be allowed to charge and reecive for all
protests, in the case of wrecked, or damaged vessels, or
property belonging to wrecked, or damaged vessels, the
sum of sixteen dollars, any law to the contrary notwith-
standing.

Passed 11t November, 1829,

A. BELLAMY.
President of the Legislative Council.

THOSE. MUNROE, Clerk.

Approved, November 14th, 1829.
WILLIAM P. DUVAL.
Governor of the Territory of Florida.




-AN ACT.
'o establish County Courts and prescribe their Jurisdiction.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That there shall be organ-
ised in each of the Counties of this Territory, a Coun-
ty Court to be composed of one Justice of the Peace,
said Justice to be appointed by the Governor and Legis-
lative Council, and to be styled the presiding Justice of
said County.
Sec. 2. Be it further enacted, That the County Courts
thus established shall be Courts of record, :;nd shall,
within their respective counties, have and exercise ori-
ginal jurisdiction, over all sums above fifty and under
one hundred dollars, and appellate jurisdiction over the
judgments of any Justice of the Peace, the decision on
such appeal to be made on inspection of the record from
said justice of the Peace, saving to all persons-the right
of appeal and writ of error to the Superior Court, and
F


Fee for protj
in certiu ctm
S16.


County courts
Organized.
PresiI ingJus- 4
lice.



To be courts ai
record.
Original juria-
dlction.

Appellate.









writs of error, Certiorari, maidamns and prohibition shall
issue from the county to any Justice's Court, which
shtil be ictted by the presiding Justice awarding the
sa me.
Sec. 3. Be it further enacted, That all appeals, from
rpealsfrom. the said County Courts, shall be taken to the Superior
Courts uf the district, of which the said county is a
part, and writs of error, Cerliorari, mandamus, prohibi-
tion ant injunction shall be from the Superior to the
County Courts, which shall be obeyed by said County
Courts respectively.

original juris. Sec. 4. Be it further enacted, That the said Courts
iction in cer- shall have no criminal jurisdiction, except in cases where
rin cases, the Juage of the Superior Court shall be the party ac-
cused, or the said Superior Court, for any other cause,
cannot take "oginisance, then and in that case, it shall
be the duty of the prosecuting Attorney to give twenty
days notice before the term, to the presiding Justice
of the County, and the said presiding Justice shall cause
a venire fJtcias to be issued retvurrile to the next term
Venire facias. of the said County Court, and a grand jury to be sum-
moned for that especial purpose, and the decision of the
said County Court, in all such cases, shall be final:-
Provided, That in all cases, aforesaid, when the Supe-
Provi~. rior Courts have exclusive jurisdiction of the offence, it
shdli be the duty of the district Attorney to give due no-
tice to one of the Judges of the adjoining district, who
shall attend at theterin of the Superior Court, at which
such offender is to be tried, and take cognisance thereof,
and in case any suit shall be instituted in the said County
Courts, in which.the Judge of the Superior Court shall
When Judeof rt a party plaintiff, or defendant, and he shall desire to
Mllen Judaeof
Superior Conut Ip!)al from the judgment of the said County Court. the
may beaparty. sai.l appeal shall tbe taken to the Court of Appeals of
titl Tcrr itory, or writs of error may issue from the
Cot'nt of appeals to tho said County Courts, in the same
mr. ;:r., that appeals are taken from,.or writs of error
isl : to, tih' Superior Courts of this Territory.
Sec. 5. Be it further enacted, Tmat the said County







[431
Courts shall hold two terms in- each year, in each and
every county, at such times and places as now are, and', Semi-annuI
hereafter may be established by law. That it shall be terms.
the duty of all and each of the Justices of the peace
within the several counties, under the pedalty of ten dol-
lars each for nonuattendance, to be sued for by the Sher-
iff and recovered in the name of the county, before any
Justice of the peace, to attend the County Court of his attediig
county, at the first session thereof, in each and every
year, for the purpose of transacting county business;
any two of whomn shall form a quorum: Provided, that, Proviso.
if the presiding Justice of the County shall, from any
cause, not attend at said term, the other Justices shall
proceed without him to do county business.
Sec. 6. Be it further enacted, That the said County
Courts and Justices' shall have the power, by any To protect
agent to be by them appointed, for that purpose, to sue county land,
for and prohibit from trespass, any lands that may be-
long to said counties respectively, and may sell and dis-
pose of the same for the use of their respective coun-
ties, in such manner,, as said courts and justices' may
deem best. The said courts and justices' shall and may
take cognisance of all matters relating ..to the openir.g
and keeping in repair of roads, within their respective Roads, &c.
counties, appointing overseers & surveyors of said roads,
establishing ferries, and erecting and keeping in repair
bridges and causeways, and granting writs of adquod Mils and pa
damnum for the erection of mills and other water-works,
for establishing and regulating patrols, when necessary,
and for the maintenance and support of the poor and Por
infirm of their counties, and shatl have powrr to levy
and collect a poll and other tax for the said purposes ; Taxes.
Provided, that whenever it shall be deemed necessary,
by the said County Court and Justices, to levy any
other than a poll tax, it shall be the duty of the said
Court to establish the average value of slaves in the said staves taxed.
county, and no greater tax shall be levied than is, or
shall be, proportioned to the tax levied, by the said court,
upon slaves in the said county : Provided also, that no Provi4
county tax shall be levied by the c6naty court of St.
John'. county for the purpose of erecting public build-







L44J
ipgs of any kind. In opening and repairing roads, per-
sonal service alone shall be required, or a commutation
in lieu thereof, at the election of the person whose ser-
vices are required, not to exceed one dollar per day.
See. 7. Beit further enacted, That the said county
courts and justices' shall have power to tax free people
brtppe of of colour to such an extent as to the said courts may ap-
pear a reasonable equivalent .for the non payment of
other taxes, or non performance of duties imposed by
6ovim. law upon the white inhabitants of this Territoiy : Pro-
Tided, that such taxes shall in all cases be payable in
labor or money at the option of the person taxed : And
Provided also, that said tax shall not exceed one dollar
per day, for each day tne white inhabitants are required
to work on roads or highways.


(ow Connty
taxes collected,









Powers of pre-
siding Justice.
Wilts, &c.
Letters testa-
Meutary.


Sec. 8. Be it further enacted, That the County taxes
shall be collected in the-same manner as the Territorial
taxes are collected, and by the same persons, and it
shall be the duty of the said courts and justices to or-
dei the said tax collectors, respectively, to give bond, to
the presiding justice of said courts, with good and suf-
ficient security, in a sum to be approved of by said pre-
siding justice, conditioned for the faithful performance
of the duties of their office, and the punctual payment
of the amount of taxes by them collected, at such stat-
ed times as may be fixed by said Courts.
See. 9. Be it Jurther enacted, That the presiding
Justice of each county court, shall have power either in
open court, or in vacation, to take the probate of wills
grant and repeal letters testamentary and letters of ad-
ministration, appoint and displace guardians of infants,
orphans, idiots, lunatics and persons non compos mentis,
and to make all necessary orders for issuing of process
and notices. That letters testaarentary, or of adminis-
tration, so granted by the said presiding justice, shall
be issued by the clerk and bear teste in the name of
said presiding justice. That the said presiding justice
hall also have power to order sale and distribution, ac-
ording to law, of the estates of intestates in cases in







[451-

which the snme are not sufficient to pay the expenses of
administration.
Sec. IO. Be it further enacted, That upon all cases of
appeal, or probate of any will, or granting letters of ad-
ministration,or upon original causes brought in the said Fee ofPrei"
county court, the party applying to thi court shall pay
to the presiding Justice two dollars for his fee, in such
cause, at, or iefore,any decisio.r thereon, which sum, in
case of recovery and execution, shall be taken as a part
of tie costs, or in case of any probate of any will or
granting letters cf administration, shall be allowed to
any executor or administrator paying the same, in his
settlement of the estate.

Sec. 11. Be it further enacted, That there shall be constable
elected, or apoolutel, in each justices district in each
county, a Constable who shall hold his office during the
ter.; of two years, unless sooner removed, and who
shall take and subscribe an oath faithfully to perform
the duties of his office, and shall execute bond in the
penalty of tive hundred dollars unier the same regula-
tions and restrictions as are prescribed to sheriffs by the
provisions of this act: Provided, That nothing in this
ssction contained shall prevent any Constable from act-
ing in more than one justices district in the same county,

Sec. 12. Be it Jurther enacted, That there shall be
commissioned a Sheriff for each county, who shnll per-
form all the duties required of him by law, and before siheriffitoziv
entering on the duties of his office, shall take and sub- bond &c.
scribe an oath faithfully to discharge the dutiesot' his
office, and shall execute bond, in the penalty of two
thousand dollars with good and sufficient security, to he
approved of by the respective presiding justices of the
county court, conditioned for the correct and faithttii per-
formance of the duties of his said office,which said bond
shall be recorded in the odfice of the Clerk of such court
and filed therein, said bond shall not be void upon pay-
tTnt, but remain in full force, and the sheriff and weeu-








cities shdll he liablato oll persons injured by his failure.
in neglect of, or non-performance of his duties.
Sec. 13. Be it further enacted, Thatthere shall be
rkofC commissioned, in each county, a clerk of the county
rourt. court, whose duty it shall he to record all decrees, or-
is duLies. ders.judgments and otler papers required by lat to be
recorded, to keep the records and minutes, and preserve
the papers appertaining to the county business and to
.suits in said courts, and who, before entering on the
dutie-roY his office, shall take an oath faiithfiuly to per-
foi r the Auties of his office, and shall execute a bond,
im the penalty of two thousand dollars, with good and
o give bond sufficient security to be approved of by the respective
presidirn justices of the county courts, conditioned for
the correct-at faiihfidl performance of the duties of
his saidfoi ceCihit h bdoid'shali e recorded in the office
-.f said i ar wk. ai d ihalJ e 'fied in the office of he Se-
cretary. of the Territory.


11w long ShTM
'd Cik'I to
toId oifice.
IOvio


r Sec. 14. Be it furiker enacdd,, That the slheriifT and
itierie 9of tie several! county courts of this Territo'y,
4haIlJ berititled to hold their respective offices for the
termn of-two ylars liless saer removed by legal au-
1iority : Provided -that no person convicted of felony,
or otier infanmouscrinie. ball ever be appointed to, or
hold eithew of the offices of constable, sheriff,'or clerk.


Sec. 15. Be it further enactf, That the offices of the
fficeofrecord several clerks of the county courts shall be offices of
original record for deeds, mortgages, wills and other in-
struments, required by law to be recorded withiti their
respective counties.


Sec.' 16. Be 4' further enacted, That it shall be the
duty of the clotk of each county court, to make out a
correct docket of all suits and causes of action, brought
in said court, at least fifteIe day~wefore the first day of
each county court and deliver the same to the presiding
justice. and in case one of the parties to any suit before
said court, or his attorney `hall -request it in writing,
said clerk shall imsue a netire acias, directed to .tAW


t lork's daties







[47]

sheriff, commanding him to summon a sufficient ituut- whae veeire
ber of qualified Jurors to attend the said term of said aciasto iSne.
court; but in no other case shall such venire facias be
issued.
Sec. 17. Be it further enacted, That whenever there
shall not be i sutlicient number of the jurors, so sum- Tallismen-
moned, in attendance, it shall be lawful for the presid-
ing justice to order the sheriff to make up.the deficiency
frion the by-standers, and the jurors in county courts
shall possess the same qualifications and be liable to the
same exceptions as jurors in the superior courts.
Sec. 18. Be it further enacted, That the county court Contempt of
shall have power to tine and imprison for contempt of cout.
their authority : Previded, that the fine for such eon- Penalty.
tempt shall in no case exceed twenty dollars, or the im-
prisonment, twenty four hours.

Sec. 19. Be it further enacted, That appeals and
writs of error shall be taken from the county to the Su-
perior court, in the same manner, and under the same
restrictions, as are impose C'in the cases respectively, Appeals &c.
when appeals, or writs oWerror, are taken from the omounty
superior court to the court of appeals.

See. 90. Be it further enacted, That if either party Bill ofexcep-
may desire to appeal from the judgment of the county
court, he may file his bill of exceptions to the opinion of
said court, praying that it may be signed, sealed, and
made a part of the record, and it shall be the duty of
the presiding justice to inspect the said bill, and if it
coutain the evidence, or point decided correctly and
precisely, he shall sign seal and certify the same to the
superior court of the district, in which the cause origi-
nated, when the plaintiff in error shall have paid the
costs of suit in the county court, and given bond with
two or more securities, in a sum sufti:ient to cover all Frivilous ap-
costs and damages which may accrue, and if it shall peal.
appear to thl jury tl.at the app!rl wva.- frivolous and in-
tended for deay only, they shall assess damages to the









party agrieved by suc delay, not exceeding twenty per
centuma on the principal sum, which they shall find due,
and such damages shal! be specially noted in the verdict
of such juror-, and no person shall be allowed to with-
draw an appeal after it shall have been entered, but by
consent of parties.
See. 21. Be it further en&ted, That should the
kvrit of error, party neglect to take an appeal, be may at any time
thereafter, before the final execution of the judgment,
procure a.copy of the record, and if there be error in
the proceedings, he may assign said error, and present
it to the judge of the superior court either in term time,
or vacation, and should the judge be of opinion that in-
justice has been done, or that there is error in the pro-
ceedings, he may award a writ oferror to the county
,court, in which the judgment was rendered, which shall
be a supersedeas and shall suspend further proceedings
under the judgment, or execution, until the matter there.
wenitis a of shall be heard in the said superior court. The writ
ipersedeas. of error thus awarded shall be issued by the clerk of
the superior court, and its operation as a supersedeaf
shall be obeyed by the cleriland sheriff of the county
courts, respectively, upon notice thereof, which shall be
done by the clerk of the superior court endorsing the
writ of error, Supersedeas," A. B. Clerk.
alstrom Sec. 22. Be it further enacted, That whenever there
uice of- is an appeal from a justice of the peace, to the county
eace. cMrts, and the decision of the justice shall be confirm-
edhthe decision of the county court shall be final, except
in Vbch cases as may arise where questions of law are
Srovi. alone involved; Provided, however that no judge of the
superior courts, or presiding justice of the county courts,
in this Territory, when a party~ ra court of- a justice of
the peace shall have a right ta appeal from the decision
of said justice, to his own court.
Sec. 23. Be it further'enacted, That "an act to es-
tablish county courts and prescribing their jurisdiction,"
alepealing Approved november 22-1, 1828. And "an act to a-
iaFuse. mend am4uct, and in addition to am act, entitled an act







L49]

regulating county courts in the Territory of Florida,
Approved November 2.3d, 1828," be and the same are
hereby repealed.
Passed 9th November, 1829.,
A. BELLAMY.
President of the Legislative Council.
THOS. M1UNROE, Clerk.

Approved, November l13t, 1829.
W M. P. DUVAL.

Governor of the Territory of Florida.




AN ACT,

To Incorporate the Town of West Point,

Be it enacted by the Governor and Leisalaive Council
the Territory of Florida, That all the free white male
inhabitants over the aiue of twenty-one years conmre-
hended within five miles of the centre of the present
settlement of WVest Point at Appalachicola Bay, lying
and being in Washington county, in the Territory of
Florida, and their succlesors, he and remain for the
term of ten years from the passage of this act, a body
corporate, by the name and style of the Town of \ est.
Point, and by their corporate name may sue and be sued,
plead and be impleaded, and do all other acts as natu-
ral persons, and may purchase ndm hold real, pcrsniial,
and mixed property, or dispose of the same for the ben-
efit of said corporation.
Sec. 2. Be itfurther enacted, That the government
crf said town council composed of an Intendant and four
G


Free white I
h w it':ntso4'&A,
inc )rpo.ated



Wet Point.







[50]


Council men each of whom shall have the qualification
wn Council. of being an occupant of a house and a resident within
thu limits aforesaid, in order to fill either of said offices,
and that the said Intendant shall have the power and ex-
ercise all the duties of justices of the peace within their
said corporation, and may collect and receive the same
fees that ate allowed to justices of the county courts and
justices of the peace for similar services.
Sec. 3. Be it further enacted, That the said town
wers or council shall have full power and authority to prevent
,uncil,
license &c. and remove nuisances, to license and regulate Auc-
tioneers and Auctions, retailers of goods and liquors,
and taverns, to restrain or prohibit all sorts of gaming,
to license and regulate theatrical and other public a-
musements, to establish and regulate markets, to "direct
the safe keeping of standard of weights and measures
appointed by congress, to provide and regulate burial
grounds for the use of said town, to sink wells and erect
and repair pumps in the streetsand the public squares, to
erect and repair market houses and public scales within
the aforesaid limits, to erect and keep wharves, to ap-
point and regulate pilots and pilotage, to regulate the
anchorage and mooring of vessels, to regulate the quar-
atine of vessels, and for the reservation of the health
patroles gun- of said place, to establish and regulate patrols, to regu-
bowder, &c. late the storing of gun-powder, tax and license hawkers
and pedlars, to restrain and prohibit tipling houses and
lotteries, to provide for the establishment of public
Schools and superintendance of the same, to restrain
Public schools. and punish vagabonds and disordely persons, and the
G nl. Poic. disordely conduct of negroes and persons of colour, and
G.2nl. Ponce. .
generally to provide for the police and government of
said town.
Sec. 4. Be it further enacted, That the said towr,
Tax. council shall have power to levy a tax for the purposes
recited in the proceeding section of this act in such man-
ner and under such circumstances as the said council
shall conceive leaut northensome to the citizens, and to
rrivi-. provide for the collection thereof: Provided, That no







[51]

tax shall be imposed on real property at any higher rate
than a quarter of one per. cent on the atsiV'cd val',e of No capitatio
the same, and shall have power to make and puss all taxon, &c:
such ordinances, and to impose such fines and penalties
for infringement thereof or non-compliance therewith as
shll to the said town council seem necessary to give
effect and operation to the powers and regulations and
to the duties herein and hereby given and imposed to
and upon the said corporation or town council, any law
of chls Territory to the contrary notwithstanding : Pro- Provio.
vided further, That no capitation tax be levied upon
persons not entitled to vote for Intendant: And provided
That the said ordinances andi rules shall be signed liy
the Intendant and attested by the clerk, and that no or-
dinancesabesall be passed granting any salary, pay or al-
lowance to the said councilmen or either of them.
Sec. 5. Be it further enacted, That the town coun-
cil shall have power to compel the attendance f its Council.
members, and tojudge of the election returns and quali-
fications of the intendant and its own members, and the
yeas and nays on any question shall at the request of any
two members be placed on the records.
Sec. 6. Be it further enacted, That the said town
council shall have power to elect a Treasurer, clerk, and
such other officers as to the said town council may seem Ofticers
necessary to give effect to the powers and regulations,
and to the duties by this act given to or impo.-ed upon
the said town council, and to determine the salaries of
the said officers, and the same to dismiss at pleasure, Expel mem -
and two thirds of the said town council may expel a er.
member of the said council for disordely behaviour or
mal conduct in office.
Sec. 7. Be it further enacted, That it shall be the
duty of the said town council to cause to be kept rega- To keep re
lar records of their proceedings and of their ordinances, cords,
rules and regulations, and they shall promulgate their
or finances without unnecessary delay by posting the
same at the common market place, or on the court house,







[52]

or in any news paper in said town so the same be expos-
ed to public view two weeks.
Sec. 8. Be it further enacted, T-hat it shall be the
duty of the said town council to hold their meetings in
o bldmeet- public and at such times and places as to the said coun-
cil may seem fit, and the intendant shall be president of
the hoard,andt in absence or disability of the said inten-
dant, a majority of the council nliy on uaIm occasion ap
rlso point iron am iong their number an intendant -vho shaill
have power pro. ta;upore to do all the duties ofinte dant:
Provided however, That a nmijority of the town council
then present muy sit with closed ,doors whenever they
pnay deem the public interest may require it.
Lat shall be Sec 9. Be it ftrrher enacted, That three of the said
town council may form a quorum for the transaction of
business.
Sec. 10. BtIt further enacted, That it stall be the
jaerer to duty of aid town council to exact from the treasurer, at
least four times in each calender year, a statement of the
receipts and expenditures of money, and of the sums of
money due 'to and froi the'coreporation, and to certify
the same to be corrvIet, -if on examination such state-
ment is find to ndmin of ~iich certificate and require a
report of ot her stock and property of said town conminit-
.ted to his charge.
Sutieqof In- Sec. II. Be it further enacfrd, That it shallbe the du-
udant. t of tthe said intendanit to see that ttie ordinances of the
said Conneil are duly executed, and to-call a nieeti'g of
the coucilmen, when in his opiniioni the public good may
requtireit, and he shall lay beltire the cintcil from time
to ti ne in writing sr!ch Ip'opositiotn s as e may deem ad-
visubli for the weifare of said corporation, and the said
town council shall have power to adjourn front time to
lit e.

nteand t and Scr. 12. Be it further inacled, Thatthe said inten-
ouicii t dunt shall within five days after his election, take an oath
gkeo"ut. or suinn atfirmatiun before any judge or justice of thu







[33]

peace of this Territory, That he will to the utmost of
his power support, advance and defend the interest,
peace and'gcod orliert f the town of West Point, and
faithfully mid diligently discharge the duties of inten-
dant of the said town during his coltitinuance 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 elect, and ad-
minister to each of them an oath or affirmation similar
to that taken by himself.

Sec. 13. Be it further enacted. That the Treasurer
shall receive all monies, due and owing to the said cor-
poration, and he shall keep an accurate nacourt of the
snif, and ull Imotny paid out for arid on account of said
corpoirtion shall bI paiid by the treasurer on am ord'lr of
the council, attested by the clerk and countersigned by
the intendant.

Sec. 14. Be it further enacted, That tff*first election
for intelidaiimt andi counilnciri-i nit l iilnir this act, ~r;Sil take
place on the third inotiday in Jantiary- 1838, tld acclh
aucceedliii election slirll be helhi oi th.e ttird ri;or.did y in
Jniluary,ench and every year thereafter,&,tle said elec-
tion shall le held under the direction and superinten-
dance of three inspectors who shall beijudicious and diis-
crete persons, and the votes shull be gi eii by ballot, but,
no judge of the election shall be qualified to rii for the
office of intendant or town councilren, or shall be eligi-
bl, to said ofrice, or either of them at the time he is to
judge of the election.


Treasurer toi
Paly niOney


First electiont
for Inrendara
&c.


Sec. 15. Beit f'rtirher enacted, That it shall be the Election Ihowe
duty of the said inspectors, or any two cf them, to re- conductil.
ccive tih votes, and to cause tle nl llin of every voter to
be taken down, and enter-dl in a book to lie kept for that
purpose, and to cause the poll to be held at such place
within the said corporation as tht-y or any two of them
may deeni proper, and to be opened ,imd he ke!pt open
from ten o'clock ill thc miorlning until tori ii tl i after-
noon when the ballots shall be told, and the nanm o f thte







[54]


person having the grantest number of votes for intendant
shall be dec;lIred, and the names of the persons ha ing
the greatest numiler of votes for council mien shall be de-
clired, and the names of the said i nteudant and council.
men elect shtll Ie recorded, and notice of their election
given to each of them.
See. 16. Be itfurtherenacted, That it shall be the
'own Coun- duty of the said town council, at least one week previ-
St appoint oivly to the timing appointed for the election, to appoint the
inspectors of election by this act required, a nd to notify
then of such appointment, .;nd the said inspectors shall
give public notice within two days thereafter, by posting
up at tie market and two other places, of the time and
place of such election.
Sec. 17. Be it jurlher enacl]d, That if by reason of
utond:iit not the refusal, absence, or their unl:void.lblc casualty, the
Pct"ng, intendant elect dali be prevented from pierformning the
organizing duties by lhis act required, it shall in such
case be the duty of the intendant in office to cause a new
election to be held by the same inspectors, who shell
forthwith give at least one week's notice :e of sinme,
and hold another election for intendant cotforimably to
this regulation.
Sec. 18. Beit further enacted, That Gairiel Floyd,
John Shaw aud 11. lla\ley, be and they arIe hereby i|p-
Sp pointed inspectors to superintend the election for inten-
nm: ii luin- dl"t and coimiilmen for said town, on the third monday
actorss ,in Janlmiary 1830, and they or any two of them may do
the duties of superintencant required by this act, and in
the event of the occurrence ot any of tlhe casiuaities
contemplated by this act, to prevent the organization of
the said town council, they or any two of Ihem are here-
by authorized to hiod a re-election for intenduit.

0,( ,, Sec. 19. Be it further (nacicd, That the said inten
t ficac.ies. dant and counc il imen shall liave po!'(er to fill vacancie
in their own bod y by causing ,in election to be held i
the same manner us is provided for in this act jut of th







[551


citizens qualified to fill the sain and that the said inten-
dt n t aiil c .,Icil mren shall in all ceses continue their
respective functions until their successors be elected and
qualified.
See. 20. Be it further enacted, That every white
male inhabitant of the age of twenty-one years and
upwards who shall have resided one month within the
limits above described, shal! be entitled to vote for in-
tendant and council men for the said corporation.
Sec. 21. Andbe it further enacted, That the act passed Repealing
on the 2Sth day of December, eighteen hundred and clause.
twenty-seven, to constitute trustees for West Point, hay
of Appalachicola, be and the same is hereby repealed:
and this act shall be in full force and effect from its
passage.
Passed, November 2d, 1829.
A. BELLAMY.
President of the Legislative Council.
THOSE. MUNROE, Clerk.

approved, 17th November, 1829.
WILLIAM P. DUVAL.
Governor of the Territory of Florida,



AN ACT

To establish a Superior Court in Hami!hon County.
Beit enacted by the .Iovernor and Legislitive Coun-
cil of the Territory of Florida, Th:at it shall be the duty
of the Jiude of the the Superior court, of the Middle
District of Florida, to hold a term of said court, at the Courtto bc
county seat of Hamilton county, ,n the first monday of held once *:
December, 1830, and on that day, in each and every year.
year thereafter.










'd Jef
Ito haln
rr papersR







ttepeal.


[56]

Sec. 2. Be it further enacted, That it shall be the du-
ty of the clerk uf tie Superior court of Jffeirsou county,
to tiurtn ov'r. ind dilver to the icerk otthe Snperiior
c(turt or'Hainiron countll, all papers rel:ating to any suit
that may he ipemldinii in said coult, after tlie next Maiy
term of saidl court, where the ulefendant resides in Ham-
ilton county, an order of the Judge being first had and
obt iined.

Sec. 3. Be it further enacted, That so much of
the eighth section ofan act, to provide for the holding
terms of the Superior courts, for the counties therein
mentioned, as gives to the Superior court of Jefferson
county, jurisdiction over all offe nces against the crimin-
al and ienal laws of this Territory, committed within
the e.inty of Hamilton, and also over all civil suits, or
actions, arising wilihin said county, or appeliite jurisdic-
tion of the judgments and decisions of the county court
of said county, Ie, and the same is hereby repealed, af-
tcr the first day of January next.


Sec. 4. Be i further enacted, That said Judge shall
Jiudgeto ap have power to appoint a clerk far said court in said
oint clerk. county, who shall, before he enters on the duties of his
office, give Lond in the penalty of two thousand dollars.
with security to Ie approved of by said Judge, coudi-
Who sball tioned for the faithful performance of the duties of his.
11 ho shall
give bond, &e, aufice.

Passed 12/h Noccmber, 1829.

A. BELLAMY.

President of the Legislative Council.

THOS. MUNROE, Clerk.

Approved, November 14/ h,. 1i0.
WILI[IAM P. DUVAL,
Governor of the Territory of Florida.









AN ACT

Vor the relief of John G. Smith and others.

Be it enacted by the Governor and Legislative Council
of the Terrptory of Florida, That all the contracts, acts gTh pnree
and doings, had, done and performed by John G. Smith, and other
James W. Exum, George Portress, Juhn P. Lockhart, galized.
and Joseph Russ, in their capacities as commissioners
to contract for aud superintend the building of a court
house for the county of Jacksoin, arid in the town of
Marianna, and also a jail on such lot in the said town as
to thl:in should seem fit, and also to locate and enter
the quarter section of land to which the county of Jack-
son wis entitled by an act of Congress of the Ucited
States, and to sell and dispose of the soirle at public
auction, on the first monday in J nuary, in the year four
Lord one thousand eight nlmiired anil twelty-nine, and
to apply the funds arising from the sale of said lands
towards the erection of the piilic Iiliidings atbresaid;
And all other contracts and transactions ertei ed into or
executed by and in virtue of an act ft the (iGoernor and
Legwisiative Council of the Territorr of, Firnfia, entitled
" al :ct to establish the seat of justice for the coulity of
Jackson," Approved the 23 nutlldl by an act of Conlrress, tentirled -' an act to alu-
thoir I le Iie citizens of the ITerritories of Arkansas and
Florid.l to elect their officers, and ftr other ,urposies,"
Appriove l 21st January, 182J: be -ind the same are
herety made good and valid in law and equity to all
leg.il intents anid Iprposes as if the said act of the Gyv-
ernor laid Legislative Council hal continued in full force
and effect.
Sec. 2. Be it further enacted, That the said John Smith ando-
G. Snith, Jamles W. Exumn, John P. Lockhart and Jo- i- e"rpow.
I oer, I ) isue and
seph Russ, or any three of then be and thiy ;are here!,y coi,,'i monies
vested aviti full power and authority, to ask, demand due&c.
and receive. .le for and collect ail monies due and ow-
ing for and on account of the .ale of said quarter sec-
tion of land, and all monies due and owing to their pre*
H









e.ce ssors according to the act of the governor and couur
cil before reciltei, to-wit : James Webb, C. C. Nichols,
WVilliam Patterson, Arthur Foster and Georza Jackson,
by subscription or otherwise, and the same and every
part thereof to appropriate to the said purpose of erect-
ing and building said buildings according to the contract
or contracts entered into in accordance with theact before
recited, and to make due returns of the disbursements
of ill monies collected as aferesaid, to the county court
of Jackson county. on or before the first day of March
next, by Ivhoim they shall be allowed to retain such coin-
pensation for their services as to the said court shall
seem just and reasonable. Which returns as aforesaid,
shall be entered on the records of the said court, and
shall be a sufficient bar to all claims that the county
aforesaid, hale or may hereafter have against the said
named pI sos whilst acting as comm issioners under the
act before rettcud, or under this act.
Sec. 3. Be it further enacted, That the superior and
county courts of said county shall hereafter be holden
urts tobe in thw house erected and built as aforesaid, and all other
d in, &c. count) ;ai public tr;insRctions shall be held and transact-
edl in the same, an d all the prisoners of said county shall
hereafier be confined in the house built and erected as
aforesaid.
Sec. 4. Be it further enacted, That it shall be the
duty of the commissioners aforesaid, to deliver the said
mmi- houses to the sheriff of said county, who shall allow the
ersto deliver marshal and clerk of the superior cou ts, and clerk of
buildin-s to the county coults, flt e access to the said house in which
6tKi. the said ourts ;:re to lie held, and shall also allow the
said ottic'rs rooms in the same for their several offices,
Sec. 5. And be it further enacted, That it shall be
ClerksofSu- the duty of the said clerks of the superior and county
Coit to hold couiris of sail county, to hold their offices at the house
their offices, aforesaid, in the town of Marianna, or within one mile
of the same, aild on failure tieieof, he or they shall for-
fit and pay the sum of twenty dollars for every week







[59]


thereof, to be recovered in the name of the informer,
before any justice of the peace in and for said county,
in the same manner, as in other cases of debt; one half
to be paid into the county treasury for the use of the
county, and the other half to the informer : and this act.
shall be in force from and after its passage.
Passed 1tkh ~ovember, 1829.
A. BELLAMY,
President of the Legislative Council.
THOSE. MIUNROE, Clerk.
Approved, November 20th, 1829.
WILLIAM P. DUVAL.
Governor of the Territory of Florida.




AN ACT

To IncrpoTrae the Bank of Florida, and to repeal "An Act to incorporate th~
Bank of Florida,' passed 23d Nov. 1828.

WHEREAS, it is deemed expedient that a Bank
should be established in the City of ''allahassee, and Preamble.
as no stock has been taken, or shares subscribed for,
tinder the provisions of the above recited act:

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That a Bank shall be estab- kesta-d.
listed in the City of Taliahussee, in the manner, and
on the conditions, limitations and restrictions, which are
hereinafter provided.
Sec. 2. Be it further enacted, That the said B:;nk is
hereby made a corporation and body politic, by the nrime Name &style.
and style of the Bank of Florida," and by that name,









all those who shall become subscribers to the said Banl
scribera their successors and assigns shall he capable, in law, t
their as- have, purchase, receive, enjoy and retain, to them an,
Sincorpo- their successors, la.ids, rent, tenements and heredita
ments, goods, chattles and effects of what kind soever
and the same to grant, sell, alien or dispose of, to su<
and be sued, plead and be impilcan dl, answer and be
answercd, defendndnd be defend d, in Courts of Record,
or any other place whatsoever ; and also to have and
make a common sv';l, :n: the same to break, alter and
review at pleasure, and alko to ordain, establish, arnd put
into execution such b)-iws, ordinances an-i regull.tions
as sh:lii seem necessary and expedient for the govern-
men, af said corporation, not being contrary to the laws
of til Territory, and the laws and constitution of the
United States, an:t generally to do and perform su-h acts
and things which to them it s!,all, or may appertain, to
be subject nevertheless, to the r.jes and regulations here-
inaf er expressed.

ital to Sec. 3. Be it Jurther enacted, That the capital stock
to exceed of said Bank shall not exceed six hundred thousand
600,000, dollars, to be divided into six tl;ousajid shares of one
hundred dollars each, of which, one thousand shares
barea $100, shall be reserved until the first day of January, one
thousand eight hundred and forty, on the original terms,
then or at any time prior, to be taki n by tl;. Governor,
under the direction of the Legislative Cotnnii, for the
fer seminary' use or benefit of the Seminary of learning, to be estab-
lishd in this Territory, and to which an endowment has
been made by the Congress of the United States, and
the said seminary of learning, by the authorised agents
thereof, shall be entitled to the same rights and privi-
leges in voting as other stockholders are, under the pro-
visions of this act; and if the one thousand shares re-
served as aloresaid, nor any part thereof be taken for
lottake~, and in behalf of said seminary of learning, by the time
above specified, then and in that case, they shall be dis-
posed of in suck manner as the Legislative Council may
direct.







[611


See. 4. Be it further enacted, That subscriptions, for
constituting the capital stock of said Bank, shall be,
opened on the first day of January next iit the City of
Tallahassee, under the superintendance of Benjamin
Chaires, James McMillin, John Y. Garey, John Gam-
ble, Robert W. Williams, William Wyatt, Edward
Lockerman, Wiliam Williams, R. Parish John S.
Shepard, Henry Gee, Jonathan Robinson, James G.Id-
den and Wm. Bailey, any five of w hom shall be com peteint
to discharge the duties of their appointment, on giving
twenty days notice thereof, in one of the :Piiilc :::, .
at Tallahassee, and the books of sibscri-ition haiil be
kept open for the space of twenty days, unless the stock
shall be sooner subscribed for, in which event it shall be
the duty of the Coinm.issioners to cloae the books s~o soon
as tite stock has been t. 1wen, during which tithe it shall
be lawful for any individu l, or coiiartnership, heing
citizens of the United StlAtes, corp)or:tion, ow bodjy jolitic
established in the United States, B.nking Insti4itiorns
excepted, to subscribe tfr any number of shares not ex-
ceeding fifty, except as hereinbefore provided. relative to
the seminary of learning : Provided nevertheless, th:it if
the whole number of shares are not takeii witi.':, iiie
twenty days aforesdid, then and in that c:i-. o -a iie
lawful for any individual, copartnership cori.ori-)in or
body imottic, except as hereinbefore exceptid. to sub-
scribe for any number of shares unsubscrib.et' for, and
thie Alre'd resie'-.tively subscribed for, shall be pa.i ov in-
stalinents in gold or silver coin, or in notes of the United
States Bank, or its branches, in manner following, that.
is to say: ihe first instalnent shall be five per cent. on
the iamiount of subscription, and halil be pmid at the time
the shl,res are taken--The second installment shall con-
sist of trfe per cent. to oe pitl ;at the e p rution of three
months from the time the uooks of subscription shall be
opened, and the balance of eighty-tive per cent, to be
paid Att the discreti'i of the Directors: Provided, that
no 1nore tiaii five Hper ctent i.hii hie ciiied in within any
one year, coniiiiiecing fro. f ie time of the payment of
the secoi,d instaltent: And provided further, that at


Commission-
ers ta open
books.



Five compe-
tent.



2S days notice'















How the
shares shall bl
paid for.







[62J


least thirty days notice shall be given to the stockholders
before said instalment shall be required.

Sec. 5. Be it further enacted, That if any individuals
copartnership, or corporation, as aforesaid, shall fail to
a faure o pay for their respective shares, at the time before men-
faated. tioned hy the provisions of this act, such shares, upon
which failure-may hainpen to accrue, shall be forfeited,
and may be again disposed of, in such manner as the
Directors shall order, and the sums which may have
been paid thereon, shall ensure to the benefit of said
Bank.
Sec. 6.' Be it further enacted, That for 'the manage-
t ine direcLto ment of the business of the said Bank, nine Diiectors
shall be elected by the stockholders of said corporation;
and it shall be the duty of the Commissioners so soon as
twenty-five thousand dollars, in gold or silver coin, or
notes of the Uiited States Bank, shall have been re-
ceived on account of the subscriptions, -to give notice
thereof in one of the public newspapers at Tallahassee,
and the said Commissioners shall at the same time notify
When to com- a day tfr the election of Directors at the said City of'
znence opera-
tions. T dlahtas-ee, at least twmnty (ivs front the date of such.
notification, and it shall be lawful for the stockholders to
proceed immediately to the election of Directors, and a
plurality of votes given in shall be required to make an
election ; and those who shall be duly elected, shall be
capable of serving, by virtue of such choice, until the
fist Monday in January next ensuing the time of such
Plurality o election, and shall receive from the Commissioners the
I otes to elect money which shall have been received by them, and shall
forthwith commence the operations of the Bank; and
the stockholders shall on the fi st Monday in January, as
aforesaid, and annually thereafter, hold an election tor
Directors of said Bank. in the City of Tallahassee, and
it shall be the duty of the Directors,.at their first meeting
subsequent to their election, to choose one of their own
Directors members as President: Provided nevertheless, that if it
I Directors to
choose Pies't. should at any time happen that an election for Directors
should not be made upon any day, when pursuant to this


.~.~~ ~ .~~._ ...I...~- -I~--~~L-u_ --







[63J

act it ought to have been madethe corporation shall not
for liat cause be deemed to be dissolved ; but it slh.ld be
lawful on any other day, to hold and make an election of
Directors, in such manner as shall have been regiduted
by the laws and ordinances of said corporation, and the
Directors fur the time being, shall in ail cases, continue
to act until their successors arc elected : And provided
further, that in case of the death, resignation, or absence
from the Territory, or removal of a Director, his place
may be filled up by a new choice made by the remaining
Directors for the remainder of the year.

Sec. 7. Be it further enacted, That the Directors,
for the time being, shall have power to appoint such of-
ficers, clerks and servants under them, requiring of such
officers, clerks or servaints such security, Iand adminis-
tering to tlheim sach oaths ius said Directors shall deem
necessary, and to llowv them sim h comiipensatioln or
their services ,is shall Ibe reasonable, and shall be capa-
ble of exercising such powers iand authorities for the
well ordering of the affairs of the corporation as shall
be fixed ,y tile laws and ordinances of the saime.

Sec. 9. He if further enacted, That the following rules,
regui.liijons, liniitartioi anid pjroui-ionsr, shall fir-m a td he
futndainientul articles of the Corporation of said Insti-
tution.

RULE I.

The number of votes to which each stockholder sl4l
be entitled, shall be accord itgi to the iutmber of shares
he shall ho(ld, ii ti;e ft(iowiu piroportiots, that is to say,
for one alil1- niild lot lmorei than two sthilre', onie vo(t tfr
each shire ; for every t\ o shares above two aid not ex-
ceeding ten, one vote for every two shares ; above ten
and iit exceeding thirty, lone vote foIr every six shares;
above thirty and int exceeding sixty, ,.ne vote f r every
eig'Lt slares ; ail.ove .ixt, ;td not eCl'c ctidii ( one hun-
dred, one vote for every tenl Siaimr- ; a oa e onli hundred
one vote for every twenty thatr-Anid upon this prin-


Where v acan
cy R11n1 lb.y i-
iectors.


Dirertors to








RMles whiei,
are tv hQ 6iva-~
camentat ar i-
ties.


V~des oftt qcsor
holders.







[64]

come before the stockholdors for their voIe or decision:
Proi';.deil. that no share or shltre.s .ht1ll .onifer a right to
vote, which shall not hav e ieen hold, itl east three cal-
end;ir months previous to the timeti offf ri ig suci, vote,
except in case nf the first 'lection (if Dir,1cor-, a. pro-
vided for, in tlhe sixth b sectionn of this act, aud uniles it be
holden by the wper;n in whose nmine it alpjpe'rs A:bslute-
Iv and bonafide, or in that of his wife, and for his or her
own use and benefit, or aw executor, adiniistritor or
guardian, or in the right: and -ue of sonte copartnership,
corporation, or society of which he or she may he a mem-
ber, and not in trusn for or to the use of any other per-.
soni ; any stoekholder being absent may authorise, by
power of attorney under seal, any other stockbolder to
vote for him, her or them.


RULE II.


No Director shall be entitled to any emolument or pay
for his services, lut the siockhoi(,lrs shall make such
com:ecnsaition'o the Presideiit for his services, as shall
to them appear reasonable.


RULE III.

'N less than five Directors shall constitute a board for
nD,,rum do the transaction of bussines., of whom the President shall
business. always be one, except in eitse of sick;nes, or necessary
absrnce, in %Ihich -ease his place rmay be supplied pro Icm-
p-e, Iby any Director appointed by the Board of Direc-
tors :s, s t! fer that purpose :,ad in the event of a tie,
it shaii be decided in thie negative.

RULE IV.


acaney in of-
ce of I'resi-
5eBnt


That in case of the detih, rcsignntion or removal of
the Pic~isiteat. tne Dlaeild, s'1:6 ~-; ii p'eiu one fnuuuu 'Leir
ini~nauei to fill tb v'. o -, 'oiku shia J old the 05t 0 du-
ring the remnnainder of' thu terw for which his predeces.
sor 'was elected.


wre to be
Id 3 Inntlhs
entilie to a
tte,


thmperstion
*ctht. Preai-







[65]

RULE V.


The Directors shall have power, at any time, to call
th meeting of the stockholders for purposes relative to
lice institution, giving at least thirty days notice in a pub-
the gazette at Tallahassee, and specifying in such notice
sue object or objects of such meeting; but before any
each object or objects, or any measure whatever shall lie
carried into effect, the concurrence of a majority, in
interest, of all the stockholders shall be required.

RULE VI.

The Cashier of the Bank for the time being, before
he enters upon.the duties of his odrie, shall give bond,
wit h two or more good securities to tire satisfaction of the
Directors, in a sum not less than fifty thousand dollars,
with condition for his good behaviour and faithful dis-
charge of his duties; ;idl the President, Cashier a~d
other officers of the Bink, shall take tie following oath
on entering upon the-duties of their ruarpetive offices:
I. A. B, do soleminnly swea (r (or ffirf'; fhr I will to
the Iniiost of my ability, well aiid ftiithfuiliy discharge
the duties of the President or Cashier, or otirer e fi:er,
as the case may be, of the Bank of'-sirida"-Which
oath shall be subscribed atnd entered on the minutes.

RULE VIi.

The Directors shall have power to issue to the sub-
scribers their certificates of st,,k, and no transfer of
stock in this cornipany shall be (:osiLiiered as bindiftg
upon" thie company, unless it Ie entered on the hoiiks 4,f
the Cashlier bIy personal entry, of the stotckhlolder, his
legal representative, or attorney du.y authorized by spe-
cial power for that purpose.

RULE VIII.

The lands, tenements and hreditainents which it 4ball
be lawful for said company to hold, shall be only suLh as
I


Directors to
call meeting al
ay time.


Cashier to give
bond, &c.






Oath ofthe of
ficers.


Certificates for
Stock to be is-
sued.










hat lands
Sempow-
dto hold.


Prohibited
from transact-
ing cestain bu-
miess.






iotmore than
one per cent
for 40 day s.


[61]

shall be necessary for its immediate accommodation, in
relation to the- convenient transaction of business, and
suich as shall have been bonafide mortgaged to it by way
of security, or conveyed to it in satisfaction of debts,
previously contracted in the course of its dealings, or
purchased at sales upon judgments which shall have
been obtained for such debts, and in every instance in
which the said Comi.any may become owners or claim-
ants of lands, tenements, or hereditaments, the Board of
Directors are empowered to sell or dispose of the same,
in such manner as they shall deem most beneficial to the
use of said Company.

RULE IX.

The Company shall in no case, directly or indirectly,
be concerned in commerce, or insurance, or in the im-
portation or exportation, purchase, or sale of any goods,
wares and merchandise whatever (bills of exchange, notes
and bullion only excepted,) except such goods, wares and
merchandise as shall be truly transferred, conveyed or
pledged to thep,'by way of security for money actually
loaned andadvanced. or for debts due, owingor growing
due to the said corporation, or purchased by'them to se-
cure debts so due to the said corporation,or to effect the
insurance on the property that may belong to, or be
pledged to the said company for its security; neither
shall the said cororati;: take more than at the rate of
one per cent for forty days when discounting paper of-
fered for discount.

RULE X.


The total amount of debts which said Corporation
shall at any time owe, whether by bond, bill, note or
Issues not to other contract, shall not exceed three times the amount
exceed, &c. of the -capital actually paid in, over and above the money
then actually .deposited in the Bank for safe keeping-
In case of excess. the Directors under whose adminis-
In case of ex-
cess. tration it shall hap|p-n, shall be liable for the same in
ilielr individual, natural and private capacities, and an







L67]

action of debt may, in such case, be brought against
them, or any of then, their or any of their heirs, exc-
cutors or administrators, in any court of record of the
United States, having competent jurisdiction, or either
of them, by any creditor or creditors of the said corpo-
ration, and may be prosecuted to judgment and execu-
tion-any condition, covenant or agreemlent to the con-
trary notwithstanding But this shall not ne cornstrued
to exempt the said corporation, or the lands, tenements,
goods and chattles of the same, from being also liable
for, and-chargeable with the said excess ; and sucn of
the said Directors who may htrve been absent when the
said excess was contracted, or created, or who may have
dissented from the resolution, or act, Whereby the same
was so contracted or created,nta.y respectively exonerate
themselves from being so li;,ble, by having their dissent,
if present, entered on the minutes of the said Corpo-
ration.
RULE XL
The bills obligatory and of credit, notes and other
contracts whatever on behalf of said Corporation, snall Whatbills,
be binding and obligatory on the saiti company : Provi- notes, &. o.
ded, That the s nme be -igined by tne President .Ind bigatory.
countersigned or attested by the Cashier of the Laid coir-
poration ; and the tfanis of the corporation shaH in no
case be held liable for any bill, bond, note, contract or
engagement whatever. ianless the same shall be so sign-
ed and countersigted, or attested, as aforesaid, and tie
books, papers and correspondence, and the finds of the
company shall, at all ties, be subject to the inspection
of the board of directors and stockholders, when con-
vened according to the provisions of this act.

RULE XII.
Dividends of the profits of the corporation, or of
so much thereof, as shall ie deemed'expedient and pro- Dividends to
per, shall be declared and paid half yearly, (the tirst half sei-ann
after the bank shall have been in operation exepte:;,)
and the said dividends shall, from time to time, be de-









t68J


termined by a majority of the directors at a meeting, to
be held for that purpose, and shall in no case exceed the
amount of neat profits, actually acquired by the corpora-
tion, so that the capital stock thereof shall never be im-
paired.

RULE XIII.

On all notes running in said bank Cn accommodation
paper, when any mortgage has ,heli) given to secure the
payment thereof, it shall not ile necessary so renew the
Inortgage on account of the renewal of the note ; but
the mortgage originally gl, n shall begood and valid, to
secure the payment of each l enen ed note, so long as
such note shall be a part of the original debt: Proi ed
That no new or after-debt, or loan, shall be included
therein.

RULE XIV.

The said bank shall, half yearly, and before any divi-
dend shall be declared by the directors thereof, set apart
from the whole amount of the neat profits of the said
bank, three per centum, as a tax for the use of the Ter-
ritory, and the sfid sum, 1o set apart and appropriated
to the use aforesaid, shall be full consideration of all
taxes on the stock of said bank, nor shall the stock of
said bank be, at any time, subject to any other taxation :
Provided, that nothing heroin contained shall be so con-
strued, as to exempt the property of the said bank, real
or personal, from the usual taxes paid on the like pro-
perty to defray the expenses of government: And pro-
vided further, that the corporation of tlie city of Tallhas-
see shall not have the power to tax said hank, or the said
bank stock, but may tax any property, real or personal,
Which the said bank may hold, in the ratio of taxation
against the like property in the said city : And provided
further, That the stockholders shall not be taxed, in
their private or individual capacities, for and on account
of their said stock.


Tax'in favour
,of the Territo-
ry.







E9e


RULE XV

All notes discounted by said bank shall be made pay- when uoted
able there. Onils ot' exchn,:ge excepted,) and if the en- discounted I
dorser or enlorsirs 'itve withoit-the Illlnits Of the town, tobepaid.
wviire the said. iank may ibe established, they shall be
hei' and .,lmind for the p;iymentt of the note, without any
deman-ld being iide on tihe drawer, or notice of its non-
paymirnit being served on themin, the said endorsers.
RULE XVI
The directors shall keep fair and regular entries, in
Directors to
a hook to.!ie provided for that purpecse, -f their proceed- keep books
ins, and on any question, wneie two directors stcili re- record.
quire it, the ye is anid nays of the directors voting hlull
be duly entered on their minutes, and those ninultes- to,
be at all times, on demand, produced to the stockhuiders,
when at a general meeting the same shall be required.
RULE XVIL
The corporation shall exist and continue until the first
day of Januarv, one thousand eightt hundred and fifty, To continue
until 1st Jan.
but the proprietors of two thirds of'th capital stock of 150o.
the company. may, by their concurrini vote, at a gt:ne-
rai meeting to be called for that purpose, dissolve the
same iat any prior period : Provided, that notice ol'such
meeting and of it object be published in one of the news
pa)iers at Tallabassee, for at lea't six months previous
to the- time appointed for such meeting; and immediately
after the dis.,olution of said corporation, effectual mea-
sures shitll be tAikeu hy the directors, last appointed and
acting, for closing all the concerns of the company and
for dividing the capital stock ahd profits, which mnay then
remain among the.tuckholders, according to their res-
pective interest.

RULE XVIII.
The persons and property of the stockholders for the
time being, in said bank, shall be pledged and bound, in







[70]


proportion to the amount of shares held by each, mi
personss and their natural, private and individual capacities, for the
ropny of ultimate redemption of the bills or notes, issued by or
to' kiijiders
idedged. from said bank, during the time he, she or they may hold
snc'i stock, in the same manner, as in common commer-
cial cases, or simple cases of debt.

Sec. 9. Be it Jurthcr enacted, That no stockholder
Soney not to shall be permitted to born ow money from this bank, up-
ock.no on the faiith or pledge of their stock, but shall be subjec-
ted to the same rules and regulations in borrowing there-
from, as any other customer of said bank

Sec. 10. Be it further enacted, That it shall be the
special duty of the treasurer of this Territory, to make
quarterly ex m nation into the state and condition of said
Territorial bank, and the officers thereof are required to furnish,
ITreasurer to
examine quar- .w hui called on, an expose of the capital stock of the
torly bank, the debts due the same, of the monies deposited
therein, and of the cash and United States paper on
hand, and he shall, under the injunction of secrecy, have
a right to inspect all the accounts and books of the bh.ik:
Provided, It sti not be construed, to imply a right of
inspection of the accounts of any private individual with
the bank, and the said treasurer shall make an annual
And reportan. report 'o the council on the subject of the bank, aln if,
i.u.llv to Le- in the opinion of the council, the transactions of the
gislature. bank shall require it, they shall appoint a committee of
three Who shall, under a like injunction of secrecy, in-
spect the condition of the bank and report thereon to
the legislative council.
orfeiture of Sec. II. Be it further enaded, That a violation of
the first clause of the tenth rule of the fundamental ar-
ticles of this corporation shall be considered and made
the forfeiture of this charter.

Repealing Soc. 12. And be it further enacted, That an act, pas-
.c iase. sed the 23d day of ANovenber, 1828, entitled, "An act







[71]

to incorporate the bank of Florida," be and the same is
hereby repealed.

Passed 141h November, 1829.
A. BELLAMY,
President of the Legislative Council.
THOSE. MUNROE, Clerk.
Rejected, November 16th, 1829.
WILLIAM P. DUVAL.
Governor of the Territory of Florida.
Reconsidered and passed by the requiredmajority, Nov, 17, 1819.





AN ACT
To authorise certain persons to practice law in this Territory.
Be it enacted by t'te Governor and Ntislative Council
the Territory oJ i'lorid, 'lThat Counsellor, adl Attor- Lawyers
nies at law, residing in the States of A.labama and Ala.& Geo
Georgia, may practice law in the courts of this Territory,
under the restrictions hereinafter mentioned.

Sec. 2. Be it further enacted, That any person, de- Exhibiting c
sirous o"' aviilina' ihniself of the privilege gran ted by the racter, &c.
preceding section, shall exhibit to some one ofthejudges of he may prr
the Saiperior C urts in 'this Territory, a certificate from t'ce iFlorid
a Judge of some one oftihe Superior (Courts in the State
in which he may reside : The certificate so exhil,ited
shall certify, that the ;iersot therein named sustains a
fair and reputable chaLu 'cter, and thar he is an attorney
and counsellor at law in the State of which he is a citi-
zen, and shall be signed iy the Judgi offiially. It ;hall
be further certified by some clerk, under the seal of his







[721

Court, that the person giving the certificate is a
Judge, &c.
Sec. 3.,'Be it farther enacted, That this act shall be
in force from and after the.tilne when a similar act shall
Similar law
passr ed be prissed by the legIslature oI legislatures of the States
of Alabainil and Geor:ii respectively. It shall be ope-
rative only to the benefit of the citizens of that State
which shall pass such an act.

Passed, November 17, 1829.
A. BELLAMY.
President of the Legislative Couincil.
THOSE. MUNROE, Clerk.

Approved, 201h November, 1829.
WILLIAM P. DEVAL.
Governor of tlh Territory of Florida.




Vj AN ACT
To authorise Executors and Administrators to execute conveyances in certain
cases.

ehen agree B', it enactei by the Governor and- 'Legislative Coun-
pet mad' cl fti, J'1, Te.rr,'lory of Florida, Th. in all ceaes, where
id party dies. v, 1.t en gireeii'iint or coitracis Sihill i hi e b leitn ile,
for i he con (..jr(c of reiii e,.tail in tiis Tletritory ;iid
the iprslon ofr person, a'rceing or (o:irrcting to iake
such vonveyv iice, lmive die;,, ,r .-tiill heritafter di-, bhftre
thie -Xecutlio of such coiinv'lln ce, 1he exerinarll- tr ald-
mtinistr:tors of suc'ih ir'son or persons sli.ll lie, ainiij llcy
nre hereby a titlriscd ailll impoweredi to exc' Ie uirch
coIIvey.ance icrjrditrg to tie rules and tfri'ii rezscrii;ed
!b law for the conveyance of real estate in this Ter-
ritorv.









Sec. 2. And be it Jurther enacted, That conveyances
made by executors and administrators, under the pro- Effeet ofsut
visions of the first section of this act, shall have the same conveyances.
force and effect, both in law and equity, as other con-
veyances of real estate made under and in pursuance of
the laws of this Territory.

Passed 17th November. 1829.

A. BELLAMY.
President of the Legislative Council.

THOSE. IUNROE, Clerk.

Approved, November 20th, 1829.

WILLIAM P. DUVAL,

Governor of the Territory of Florida.




AN ACT

To establish a Ferry across the Escambia river, at or near its junction with the
Bay of Escambia.


Be it enacted by the Governor and Legislative Council
of the iTerritory ,' Florida, That Benjamin Journigan,
be, and he is hereby vested with the right of establishing
a ferry across the ELcariibia river, at or near its junctiI.n
with the Bay of Escambia, and he is hereby vested with
all and singular the immunities and privi get's ,lotingt..g
to the sate, 1f1r aUtd tlIriIn the term of ten years, from
and after the passage of Ihis act ; Provided, he continue
to keep the same in repair.

Sec. 2. Be it further enarled, That it shall be the
duty of the said Btk Injmin Journtig It,, lisi heirs or assiIgns,
to keep in good rel .ir a ti..r-iin:ut of sitlriient (.inicn-
sions to transport across said ii er a lh.altd wagon vagl
K


Benj Journi-
gan to establish
ferry.








Shall keep in
good repair








[74J


team, which boat shall be at each side of said ferry at
least once in each day at fixed and regular hours, of
which hours, public notice shall be given in a newspaper
at Pensacola, at least thre.r ". c in each year-And he
shall be entitled to receive, at the said ferry, toll at the
following rates, viz: For a I,,,. anud wagon, one dollar
and twenty-five ucets; for a thur. horse wagon, two dol-
lars; for a two horse light wagon, one dollar and fifty
cents; for a two ox cart, one dollar and fifty cents, and
but one person to pass with each vehicle. For a horse
and gig, with not more than two persons,,onie dollar and
fifty cents; for a man and horse, one dollar-all other
horses fifty cents. Each foot passenger twenty-five
cents. For any number of cattle, not more than five,
each fifteen cents; when the number exceeds fifteen,
each ten cents. Hogs, sheep, and goats-Any number
not over fifteen, each eight cents ; when the number ex-
ceeds fifteen, each five cents; subject however, to such
regulations as may hereafter be established by the Le-
gislative Council of this Territory.

Sec. 3. And be it further enacted, That it shall not be
lawful for any otigpr person to establish or keep a ferry on
said river withir-ithree miles of the ferry herein estab-
lished, unless the same be for his, her, or their own ex-
clusive use, and not for the purpose of receiving toll ex-
cept upon roads laid out by order of the Government of
the United States, and this act shall be in full force and
effect from and after its passage.

Passed November 17th, 1829.
A. BELLAMY.
President of the Legislative Council.

THOSE. MUNROE, Clerk.
Approved, November 19th, 1829.

WM. P. DUVAL.


Governor of the Territory o' rnF -:'







[751

AN ACT

To establish a Superior Court in Nassau county.

Be it enacted by the Governor and Legislative Council
pf lhe Terri/ory oj Florida, That the Jud'e of the
Eastern District of Florida, .hall hold u term of the .u-
perior Court for Nassau county, at the place appointed
by law, on the fourth Monday in March next, and in each
and every year thereafter.

Sec. 2. Be it further enacted, That all causes now
pet.ding at Jacksonville, Duval county, where the defen-
dunts reside in Nassau county, that are not tried at the
next court at Jacksonville, shall be transferred to the
Superior Court in Nassau county.

Passed Nov. 17, 1829.

A. BELLAMY.
President of the Legislative Councril.

Approved November 19th, 1829.

THOSE. MUNROE, Clerk.

WILLIAM P. DUVAL,
Governor of the Territory of Florida.




AN ACT

To authorise Joseph H. Howell to build a Mill on the Chipols River.

Be it enacted by the Governor and Leg;slative Councd To build t
of the Territory of Florida, That Joseph H. Howell, he, mills
and he is hereby authorised, and vested with all the
rights and privileges of building a set of mills, gins, or







176]


any other machine, on the Chipola River in Jackson
county, *A'(ert t e same runs through section twenty
three, ii 'cownsrrp four, range ten, north and west, and
to use the waters of said river for the use of said mills,
1Proviso. or machine, in any way he may think proper. Provided,
he shall in no case, obstruct the passage and free navi-
gation of said river.

Ibe f. Sec. 2. And be it further enacted, That this act shall
i be is force.
be in force from ntd after its passage.
Passed 10th November, 18:9

A. BELLAMY.
President of the Legislative Council.
TIJOS. MUNROE, Clerk.

Approved, 14th November, 1829.
WM. P. DUVAL,
Governor of the Territory of Florida.


AN ACT

To amend "an act for the apprehension of ciimnals, and the punishment of
crimes and inl o.envanors."

B, it enacted by the Governor and Legislative Council
Partv corn- of the Terrilory of' i lorida, That before HIIn justice of
giebd anI the ;lcu,(ce, or any othrvijudicial officer in this Teritory,
secure) Silli i.sue his warrant to nrrt'st any offender, ini accor-
dance to he act to whicl li l s i n ii a ll l ;(ltimeit, ihe i hilall
require bond annd scem ity otthle party complaining, con-
ditioned to pay ail &costs, in case lhe should fail to prose-
Condtionof cetet the said tfFtnd-r to conviction, and it shall he the
bln,: duty of the justice of the peace, or other judicial ,ittier,
to indorse the prosecutors name on the hack ot such
warrant, who shail in all cases be liable to pay all costs
and charges that may accrue in any such case upon ac-
quital.
See. 2. Be it further t for any marshal, sheriff, or constable, serving any) such







[771


process, to summon a sufficient number pCjien to assist.
him in arresting, and safely ktlSiiug a ot 'eld54*,-i oA*il
refuses to be taken, or iS litklyto make his escape, mon os.e
and if any person summoned as ti.fresaid, shall refuse to com!tatUs.
obey and assist said officer, he shall forfeit and pay Refusingto
ten dollars, to be recovered before any justice of the aid.
peace, under the same rules and restrictions as inl cases
of debt, in the iname of the officer, the one half to be Penalty.
paid into the county Treasury, and other half to the use
of the informer.
Sec. 3. He ii farther enacted, That it shall be the du-
ty of every conservator of the peace in this Territory, Duties of o
Sier. atorseoi tl
who has kno ledgeot any teloyv having i breen cor(mmted peace,. rd
within his jurisdiction, to hi;ave im, her, o( them i irr: t- how liable.
ed, as if comtplaiint had been ilade by atfid.ivlt, who siiill
corinuit, or liseltiirgc any such felon, and shloll be liable
for all costs upon an ancqmt dl.
Sec. 4. And be it further etccted, That so much of the l2th sec. re-
twelfth section of the act, to whilh this is an amiendmnilit, pe:led.
asallois the prisoner to no discharged from imprison-
mrent, o( to be discharged from the crime in certain ca-
ses therein mentioned, be, and the same is hereby re-
pealed.

Passed, November 15th, 1829.

A. BELLAMY,

President of the Legislative Counci!.
THOSE. MUNROE, Clerk.

Approved, 15th Nov. 1S29.

WM. P. DUVAL,


Governor of the Territory of Florida.







[78]

AN ACT

To amend an act regulaung the mode ofsuingout writs of error, and pro
securing appeals, in thecourtofAppealsofthe Territory of Florida."

Be it enacted by the Governorand Legislative Council
of th, Terril'ry oj Florida, That, swqmuch of the act,
ep-al. tu n ilich this is an amendment, as requires the defend-
ant to give 1ond for the judgment, or condemnation
money in the court below, be, lurH the same is hereby
repea!red, and that the defendant, from and itfter thl
lond for cost passage of this act, shall be required to give bond for all
hddamages. cost and dama-es tlht may aicrue, damages not to ex-
ceed twenty per cent, at the discretion of the court of
Appeals.
Passed 12th November, 1289.

A. BELLAMY,

President of the Legislative Council.
'TdiOS. MUNROE, Clerk.

Approved Nov. 14th, 1829.
WM. P. DUVAL,

Governor of the Territory of Florida.



AN ACT.

To establish a forry across the Choctawliatchie River at or near Wells landing
on said river.

Fsrnynear Be it enacted b y the Governor and Legislative Council
Wills's Jand- of the Territor of I'lorida, TFhia' James Bright be and
'ns. h<-.is lIrebvryt ted with the rirhit of e-tablishine a ferry
ar,.(ss TI j'fl 4jia.tchih(e riverr, at or near 'ells land-
ing, anI he is iher60 1 ie44ib all'nd s ul.ar.tl.e
imIniih ies and- privileges belonging t4 the same, for,







[79]

and during the term of ten years,, romnl after\ thW*
passage of this act: Provide4 he'cjftinue tA keep the
same in good repair.
Sec. 2. Be it further enacted, That it shill be the
duty of the said James Bright, his heirs and assigns to Toll &c.
keep in good repair a flat-boat of sufficient dimensans estailisd by
to transport across said river a loaded wXagon ;.nd team, C'y Carts.
and he shall be entitled, at the said ferry, to receive toll
at such rates, and shall be subject to such regulations
as may be established by the county court of the coul.ty
of Washington and the Legislative acts of this Ter-
ritory.
SSec. 3. And be it further enacted, That it shall not
he lawful fsr any other person to estabiish or keep a
ferry on said river within four miles of the ferry herein
established, unless the same he for his, her, or their own
exclusive use, and not for the purpose of receiving toll,
except upon roads laid out by order of the government
of the United States, and this act shall be in full force
from and after its passage.
Passed 17th/November, 1829.
A. BELLAMY,
President of the Legislative Council.
THOSE. MUNROE; Clerk.
Approved Nov. 19/h, 1829.
WM. P. DUV AL,
Governor of the,Territory of Florida.


AN ACT

Regulating Decents.

Be it enacted by the Governor and Legislative Council
of the rTeiitor-' f Florid "Thia't wh~etnever any person
having title tp real estate if itihreit fnee, shall die intes-
tate as to such estate, it shall descend in parcenary to the







[80]

tale arid Ciml_ k ke re in the following course, that is
to say:
1. To his children, or their decetidant if any there
be.
2. If there be no children nor their descendants then
to his father.
3. If there be nofather, then to his mother, brothers
and sisters, and their descendants, or such of them as
there be.
4. If there be no brother norsister nor their descend-
ants. ithe inheritance shall be divided into noities one of
which shil go to ta.; h paternal, the other to the 'mater-
nal kindred in the following course-Viz:
5. First to the grandfather.
6. If there bs no grandfather,, then to the grand-
mother, uncles and aunts on th, same side and their de-
scendants or such of thei as there be.
7. Ifthere be no grandmother, unrld nor .aut, nor
their desccndinvrsthento the great grandfathers or great
grandfather if there be but one.
8. If there be no great grandfather then to the great
grandnmoter.s or great graoldnliotber if there be but
one, iii d the. bro:lhers a; d si~liers of the grandfathers
and gr:ndiiiothers, and their descendants or such of
them as there be.
9. An l nearest li!in: male nnicstors a nd for the wantof them
to th;e ineal t~ilnile ancestors in the same degree and
the descein ants of such male and female ancestors or
to such of them as there may be.

10. Provided however, And be it further enacted, That
'wh-: 'er :1a ini'iuii shall die without issue, having title
to .iy real eiteL of ui'nr IIitapicc derived, by*iifr, de-
vis .: *l e, it r, 'om the itr;it:e:,ind theie be living at the
(dli'i olf hu h iiliii:it. his 'i Cii'r, or any brother, or sister
ot' uch infant, oin the part of the father or the paternal









grandfather or grandmother of the infant, or any broth-
er or sister of the father or any descendant of any of Reservation of
them, then such estate shall descend and pass to the dower tomo-
paternal kindred without regard to the mother or other their of int'fa
maternal kindred of such infant in the same- manner
as if there had been no such mother or other maternal
kindred living at the death of the infant, saving how-
ever, to such mother any right of dower which she may
have in such real estate of inheritance.

11. And where an instant shall die' without issue hav-
ing title to any real estate of i6heritance derived by gift
deviseor descent from the another and there be living
at the death of such infant, his mother, or any brother
or sister of such infant on the part of the mother or the
maternal grandfather, or the grandmother of the infant
or any brother or sister of the mother, or any descend- Esiateto past
ant of any of them, then such estate shall descend and to maternal
pass to the maternal kindred without regard to the father
or other paternal kindred of such infant, in the same
manneras ifthere had been been no such father or other
paternal kindred living at the death of the infant, saving
however to such father the right which he may have
as tenant by the courtesy in the said estate of inheri-
tance.
12. But no right in the inheritance shall occur to any
person whatever other than to children of the intestate
unless they be in being, and capable in law to take as Proviso.
heirs at the time of the intestates death.
13, And where for want of issue of the intestate and
of father, mother, brothers and sisters, and their de-
scendants, the inheritance is before directed to go by
mbieties to the paternal and maternal kindeed if there
should be no such kindred on the one part, the whole
shall go to the other part, and if there ec no kindred ci- To be divided
their on the one part or the otihe, the whole shill go to iromoes i"
the wife or husband of the intestate and it the wife or
husband be dead it shall go to her or his kindred in the
like course as if such wife or husbatd had survived
the intestate and then died entitled to the estate.
L







(8i]


14. And in the casesbefore mentioned where the iti,
heritance is directed to pass to the ascending and col,
lateral kindred of the intestate, if part of such ollatte.
rals be of the whole blood to the intestate and other part
Ueirq of hl of the half blood only, those of the half blood shall in-
blood &c. berit only half as much as those of the whole blood, but
if all be of the half blood, they shall have whole portions
only giving to the ascendants (if any there be) double
portions.

15. And where the children of the intestiate, or his
mother, brothers and sisters, or his grandmother, un-
cles and aunts, or any of his female lineal ancestors,
living with the children of his deceased linealancestors,
male and female in the same degree, come into the par-
To be divided tition, they 'shall take per capital, that is to say by per-
percapita. sons, and where a part of them being dead, and a part
living, the issue of those dead have right to partition4
such issue shall take per stirpes or by stocks that is to say,
the shares of their deceased parents.


Receipt- A f:-
iat'-'s"Ute


16. When any of the children of the person-dying in-
testate shall have received fiom such -intestate in hip
lifetime auy real or personal estate by way of advance-
ment, and shall choose to come inii the partition of the
estate wit h the other pa rceners, such advancement both
of real and personal estate, shall be brought into hatch-
pot within the tvolei estate, real oid personal descended
and such I):rty iri)igmgN into hotchpot such advance-
ment ras itfoesaid, shall thereupon be entitled to his or
their proper portion of the whole estate so descended
both real and personal, and the valne of the estate so ad-
vaiced is aforesaid, shall be estimated atthetime of ad-
vancement and not at the death of the intestate.


17. In making title by descent, it shall be no bar to a
Ancestorsali- party that any ancestor through whom he derives his de-
scent from the intestate is or hatlh been an alien. Bas,
tardQ also shall be capable of inheriting orof transmit-
ting iitn -ritance on the part oftheir mother in like man-
ner us if they had been lawfully begotten of such
mutiler.







t831

18. Whensoerer any lands shall descend from any
person ding intestate to two or more heirs any one of Whenshese
whom shall be at, infant fenme covert, non compos n.entitA does not.ei
or beyond sea and the dividend of each heir shall not ex- ceed 300.
ceed the value of'three hundred dollars in. the opinion
of any court hereinafter mentioned, it shall be lawful
for the Superior court of the district, or for the county-
court of the county, or for the corporation or city court
within whose jurisdiction such lands or the greater
quantity of them, lie to direct the sale of the said lands
and the distribution of the money arising therefrom ac-
cording to the right of each claimant, Provided always,
That each heir residing within the Territory shall be
first duly sum noned to. sBe.v cause if any he can against Courts may d-
such sale and when any heir shall reside without the rect sale.
Territory, the court shall make an order for publication
which order being inserted in any public newspaper to
be designated by the court in such order for three
months successfully shall be considered as summons.
19. One parcener may maintain an action of waste
against another, but no parcener shall have or possess P nr ay
any privilegejover another in any election, division or M ntuiuanuit.
matter to be made or done concerning lands which shall
have descended to them.
20. That the doctrine of the right of survivorship in
cases of real and personal property held by joint ten- Survivorahip.
ants shall not be allo.ved in this Territory and no real
estate shall be entailed in this Territory.
21. Be itfurther enacted, That aliens of any country Alie,.map
or nation whatever; may purchase, hold, enjoy, sell, con- id estate.
vey or devise any lands and tenements in this Territo-
ry to the same extent and with the same right as citi-
zens of the United States.
22. Be it further enacted, That nothing in the fore-
going sections contained shall be construed so as to ef-
feet the rights of any person or persons vested in him,
her^or them by any law heretofos existinggin this Terri,
tory.
23. And be it further enacted, That all acts and
parts oits nw in force and coming within the pur







L84J
view of this act shall be and the same are hereby .--,
Repealing pealed. This act shall be in force from and after the
saue., first day of January one thousand eight hundred and
thirty.
Passed 121h November, 1829.
A. BELLAMY,
President of the Legislative Council.
THOMAS MUNROE, Clerk.
Passed, November 17th, 1829.

WILLIAM P. DUV4L.

Governor of the Territory of Florida.




AN ACT

To pro A for the erection of Mills and other water Machines.

Be it enacted by the Governor and Legislative Council
of the Terrztory of Florida, That whenever any person
To anply for owning lands in this Territory, on any water course, the
writ. bed whereof belongs to himself, may desire to erect a
water grist mill, or other machine, or engine of public
utility, and shall not have the fee simple property to the
lands on the opposite side thereof, against which he
would abutt his dam, he shall make application for a
writ of.ad quod damnum, to the County Court of the
county where the lands proposed for abutmant are, hav-
Of ad quod ing previously given ten days notice of such application
da=nnu. to the owner of such lands, his agent or attorney ; and
the said court shall thereupon order the aforesaid writ
to be issued, directed to the sheriff of the county, com-
manding him to summon and empannel twelve house-
hoiders, of kin to neither party, of said county, to meet
upo> the lands so proposed for the abutment, on a day
to be iimcd in said writ, to examine the same: Provi-
ded, that nothing in this act shall be so construed as to









interfere with any building, or other structures, of the
person from whom any lands or tenements shall be taken Day of trl..
as aforesaid, without the consent of such person or be named.
owner of such lands ; and in all cases where there shall
be any lands condemned as aforesaid, and either party
shall be thereby agrieved, such person shall have the
right of appeal to the Superior Court, or Court of Ap-
peals of this Territory, ar in other cases commenced and
determined in said county courts.

Sec. 2. Be it fuither enacted, That the said house-
holders, when empanneled as aforesaid, shall be charged
on oath, impartially to view said lands, so proposed for
an abutment, and to circumscribe by certain metes and
bounds, one acre thereof, having due regard to the inter-
est of both parties, and to appraise the same according
to its value, and to examine what other lan Is, above and Metes and
below, may be overflowed by the erection of said dam, bounds
or works, and to ascertain the value of the same, and to
whom they respectively belong, ano what other damages
may arise, and to whom, from the erection of the same;
which inquest, when made as aforesaid, by said hoane-
holders, shall be delivered to said sheriff, hose duty it
shall be to return the same to th- court ordering said
writ-and if the party applying for the same shall pay
the value of the lands ascertained, and the damages as-
sessed as aforesaid, to the person entitled to the same,
or if the jury so empannelled, shall not agree to the said
appraisement, and make up their inquest as aforesaid,
it shall be the duty of the said sheriff at the expiration
of four hours thereafter, to discharge the said jury, and Value of lands
under the same writ proceed to emipnnel another jury ; to be assessed.
and so from time to time continue to act until such ap-
praisement is made, and such inquisition be found ; and
it shall be the duty of the said court to grant forthwith,
permission for the erection of said dam and works: Pro- Provio.
vided, that in no case shall the same be granted, if the
said house-holders in the report, shall state that the in-
jury likely to result to the neighborhood, from the erec-
tion of said works, either by sickness or otherwise, will
be greater than the benefits to be derived from the
pame.







[861

Sec. 8. Be it further enacted, That where any mill oi
other water works have heretofore been erected in this
Territory, and the ownerthereof is legally possessed of
the lands on one side of the stream only, or if the land
s here, of any other person is overflowed thereby, or if his dam
erected, abuts upon the land of any othei person, it shall be law-
fal for such person or persons, to whom the same belongs,
hi,, hefor their agents or attorneys to sue out a writ of
ad quod damnum as aforesaid, and have the value of the
same assertained and the damages paid in as is pointed
out in the proceeding section of this act.

Sec. 4. Be it further enacted, That if any person
shall get permission as aforesaid, to erect a mill or other
works, and shell fail to erect the same for the space of
two years after the date of said permission, or having
sllsneglected erected the same, shall afterwards suffer them to go
two years
down and remain vacant for two years without attempt-
ing to re-establish the same, every such person shall
loose the right which he, she, or they had acquired by
said permission, or by the previous erection of said mill
or other works.

See. 5. Be it further enacted, That it shall be the
i to ihe duty of all owners of grist mills throughout this Terri-
round in the -
rderreceived. tory, or persons empluyeil in keeping the same, who
grind for toll, to grind each persons grain taken to his
or their mill, in the order in which the same be received,
not giving a preference to any particular person, to the
Toll not toex- exciisioni or injury of another, and that no owner of a
ceed 1-Sth. mill, or other person employed in keeping the same,
shall be allowed to tumin as toll for grinding any corn,
or other grain more than one eighth part of the same.

Sec. 6. Be it further enacted, That if any owner of
a mill or other person keeping the same, shall refuse to
grind any corn or other grain brought to his mill for
Penalty $0g that purpose, in its proper turn and time and in a proper
manner, such mill being in order to grind the same, or
shall retain more than one eighth for toll, every such
person guilty of any of said offences, shall be liable to
a fine of twenty dollars, to be recovered before any jus-
tice of the peace, for the use of the person suing for the







[87]

same: Provided, that nothing herein contained shall be.
construed to prevent any owner or person employed in
keeping a mill frorn grinding his own grain at any time,
and to the exclusion of any other person.

Passed 14th November, 1829,
A. BELLAMY.
President of the Legislative Council.

THOSE. IMUNROE, Clerk.

Approved Nov. 19th, 1S29.

WM. P. DUVAL.

Governor of the Territory of Florid!,





AN ACT
To change the time of holding the Superior Courts of 'West Florida, iU
Jackson county.

Be it enacted by the Gomvrnnr and Lefislafive Council
of the Terrilory of Florida, That the Jndle of the ~Ves-
tern District of Floriid:, shatl hold a term of the Supe-
rior Court, at the place of holding courts, by law ap- Aterm tobe
pointed, in Jackson (minty, on the third Mm:la v irt Dc- dv of De em
ceimber next ; ,lnl it shnll be thie duty ol the clerk of said ber next.
court to issue a; venire facias, at least ten days before the
time of te sitting of s:aid, court, directed t tlie marsh-l of
said district, who shill proceed to sumrnmon ia zrnnd and
petit jtiry to serve 1drinm' the session of said court.

Sec. 2. le il turlthir enacted, That all wi its. process,
sbi)p(cenam, &c(. that w ore made ret iile. I Ithe iist All proepssrc-
September term of said bills, sltbpweas, &-c. thut havq been issued subsequently tug.







[8S]

to the September term aforesaid, and all that may now
be issued, shall be made returnable to the court in De
cemllur afuort sai : Provided, that the same be served ten
days before the sitting of said court.

See. 3. Be it further enacted, That the Superior
prms of said Courts in said county shall he held on the second Mon-
Iuurt. '2d Mon
[ay of June days of June and December, in each and ever) year
isd Dec. thereafter; and this act shall be in full force and effect
from its passage.
Passed, November 9th, 1829.

A. BELLAMY,
President of the Legislative Council.
THOSE. MUNROE, Clerk.
Approved Nov. 21, 1829.
WILLIAM P. DUVAL.
Governor of the Territory of Florida.






AN ACT

''o authorize Cir'!d of Courts to administer Oaths in certain cases.

Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the clerks of all courts
of record in this Territory be, and they are hejleby au-
Slay :aminis- thorised and empowered, in i action as well as in terll
ter oathesin \a- time, to administer oaths in all m.'ttcrs or in any man-
ation. ncr relating to proceedings, or casts instituted, or here-
after to be instituted in the courts of which they are clerkr
respectively.

Heretofore ad. Sec. 2. B' it firtlher enactkel. That all oaths hereto-
nuiistered. fore administered, by any clerk of any court of record itI









this Territory, shall be, and they are hereby declared to
be is good and valid in law, as if the provisions of the
foregoing section had existed at the time said oaths were
administered.
See. 3. And be it further enacted, That if any person
shall take a false oath, administered under the provisions
of this act, he shall be subject to the same pains, penal- oath.gl
ties, disqualifications and punishment as in other cases
of wilful and corrupt perjury.

Passed 20th November, 1829.
A. BELLAMY.
President of the Legislative Council.
THOSE. MUNROE, Clerk.
Approved, 21, November, 1829.
WILLIAM P. DUVAL.
governor of the Territory of Florida.



AN ACT

To incorporate the Bank of West Florida.

Be it enacted by the Governor and Legislative
Council of'the Territory of Florida, That Robert Beve-
ridge, Peter Gautier, sen. and Joseph Russ, or any one Comisioner
of them, he, and they are hereby constituted Comm;s- toopen books.
sioners to open books and receive subscriptions tor said
Company, at Marianna. That Rufus Sewall, John P.
Lockhart and Isaac Fort, or any one of them, are con-
stituted Commissioners for said purposes at Wehbville.
That John De La Run, F. H. Nisbit and John Jeirison,
jun., or any one of them, are constatited Coinrmission-
ers for the aforesaid mIiroses at P; isical .: ; and that
C. T. Phelps, Hezekiaui Hawley anid (! vid L. White,
or any one of them, are constituted Commissioners lor
M







['0]

the purposes aforesaid at West Point, at Appalachicola
Bay.

Sec. 2. Be it furthc enacted, That the Commission-
books ers fori Mariaina shall open books therein, on the first
h end book Monday of January next ; at VWebbville, on the second
ke opened.
Monday ; at Pensaeola, on thie third Monday ; and at
West Point, at Appalachicola Bay, on the fourth Mon-
day of the same month ; and in each place the books
shall continue open three weeks.
Sec. 3. Be it further enacul., That during, the first
week, after the opening of said books, no individual shall
lumber of he allowed to subscribe thr more than fifty shares ; at
iairs allowed and after the end of said week, of the shares remaining
utnsubscriheld fr, anv number whatever may be taken.
3But in neither of said places sail more than two hun-
dred and fifty shares he disposed of during the three
weeks above ment ioned.

Sec. 4. Be it further enafced, That each share in the
stock of said Compnany, shall be one hundred dollars,
five per centum iipon which shall le paid down when
suoscribed for, aind lci percentum upon each share shall
be paid before naid Comlaay shall commence opera-
ch share tions ; the remainin i per centumn on each share shall be
0o. called in by the Pri',sideiie and Di)e'ctorA, and at such
tins iand in such proportions as to Ilheni shall seem best:
Pr;,i/,-/, th it tliey sail give thirty d< vs notice in some
lne\ws:pa : r ol Pei:sacola aind Talllaiasisee, when, and
the a mount to !e paid ; And provided further, that they
sh il not call in more than ten pe' centrou per arnnum.
The ten percentum herein required shall be paid on or
bL.frc the first day of May next, under penalty for fail-
uie thereof, of forfeiting the five per centum already
paid; an I shoulhi a n cill of tie Pre.iident and Direc-
tors as ahforesaid, inot be compiled with, the person fail-
ini- therein, shall forfeit whatever lie may have previ-
ously paid.
Duty of Comr- Sec. 5. Be it further enach.i, That at thie close of the
;. enld of 3 tlih c" w;';' 'n e rne'itiion rie Coinl issionero or
vee ;i ):i il ." A.., er, ilt .:ifl i *, i pi: l ces, Mlarianna
excepted, shall nolity the LCouniissioners, or acting







[91]


Oommrisrioner, at said place, of the number of shares.
taken at the plase where they, or he, had opened ioouks ; If sharesar#
and if at any of said .places, Marianna included, the not taken
whole number of shares permitted to he subscribed for,
have not been taken, or if it shall appear that the books
had not been opened, at such place or places, then and
in that case, the Commissioners, or acting Commission-
er, at Marianna, shall be, and he is hereby authorised
and empowered to re-open books, and keep them open
for one calendar month-Nothing shall be received in
payment of any subscription, but gold or silver coin, or
notes of the Bank of the United States or its branches.
Sec. 6. Be it furtAer enacted, That the stock of said
Bank shall consist of one hundred thousand dollars, and
that whenever the said Commissioners shall have re-
ceived fifteen per centum of :he whole stock,'they shall When 15 pr
call a meeting of the stockholders, giving one month's cent. is rec'd
notice of the time of meeting, to be published in some
newspaper printed at Pensacola and Tallahassee ; and
when the stockholders have convened, it shalt Be the duty
of the Commissioners at Marianna, to appoint not less
than three stockholders, whose duty it shall be to con-
duct said election for Directors, neither of whom shall
be eligible to the appointment of Directors, and a plu-
rality of votes shall be required to make a choice; and
at said meeting the stockholders shall proceed to elect
seven Directors, who shall receive from the Commission- Toelect se'a
ers the books and money, and who shall manage the af- Directorn.
fairs of said Company, under such rules and regulations
as shall be adopted. Any stockholder may appoint a-
nother his or her proxy, under his or her hand and seal,
who shall have and exercise all the rights and powers
which said stockholder could have had and enjoyed. In
all cases, the stockholders shall each, by himself, his,
her or their proxy, be entitled to vote in the following Scale oF f
proportions, to-wit: For one share and not more than frage.
two shares, one vote for each ; for every two shares
above two and not exceeding ten, one vote for every two;
above ten and not exceeding thirty, one vote for every
six shares; above thirty and not exceeding sixty shares,
one vote for every eight shares; ilbove sixty and not ex-
c'eeding one hundred shares, one vote for every ten







[92]
shares; above one hundred shares, one vote-for every
twenty shares and upon this principle shall all mutters
and things be decided, which may come before bhe stock-
holders for their vote or decision: Provided, that no
shareopr shares shall confer a right to vote, which shall
not have.been holden at least three months previous to
the time of offering such votes,-except in case of the first
election of Directors.

henincorpo- Sec. 7. Be it further enacted, That when said fifteen
d. -per centum shall have been paid, and the Directors elec-
ted, the stockholders shall be, and they are hereby de-
clared to be a body corporate and politic, under the
name and s:yle of The Bank of West Florida," and
me & style. by that name and style they shalf be enabled to sue and
be sued, pleadand.be impleaded, answer and be answer-
ed unto, in any court of law or of equity, and to do and
perform, in this Territory or elsewhere within a compe-
tent jurisdiction, all other acts and things which natural
persons or bodies politic and corporate, may of right do
and perform ; and they shall enjoy a perpetual succes-
sion of members and officers; may have and use a com-
mon seal; may make, ordain and establish such by-laws,
rules and regulations as they may deem expedient to
carry into effect the objects of the company: Provided,
such by-laws, rules and regulations, shall in no case be
repugnant to, or inconsistent with the laws of the United
States or of this Territory.

Sec. 8. Be it further enacted, That when said Direc-
tors shall have been elected as aforesaid, they shall pro-
presidentto be ceed to elect one of their own body President ; and said
elected. President and Directors shall proceed to determine and
fix the location of the office ofsaid Company, in the
town of Marianna, and in the county of Jackson in this
Territory. And the President and Directors shall also
have power to appoint such officers, as to them may seem
necessary for carrying on the affairs of said Company,
and to fix the salaries of said officers.

Enabledto old Sec. 9. Be it further enacted, That said Company
property. shall have power to receive, purchase, hold, possess, and
enjoy, any property, real, personal, or mixed, for the use,







[93]

benefit and advantage of said Company, and to sell and
dispose of the same, and make any other use thereof.

See. 10. Be it further enacted, That said Company
shall be, and they are hereby declared authorized and
May issne threat
empowered to issue bills of credit, payable to bearer on times amount
demand, signed by the President, and countersigned by of stock.
tLe Cashier, or other officer, to ihree times the amount
o the capital stock of said Company actually paid in-
And said bills or notes, issued as aforesaid, shall be paid
on demand, at the Company's office in Marianna: Pro-
vided, in case of excess in issuing said bills or notes, the
Directors, under whose administration such excess of
issue of notes shall happen, shall be liable for the same,
in their individual, natural and private capacities ; i,nd
an action of debt may, in such case, be brought against
then, or any of them, their, or any of their tjeirs, exe-
Excessiveissue
cunorrs or administrators, in any court of Record in the
United States, having competent jurisdiction, by any
creditor or credit rs of saiid corp ration, and mtay be
prosecuted to judgment and execution, any conudiiou,
ci nant or agreement to the contrary i.otwithlsraniing.
Bii, this shall not be construed to exempt the-said corpo-
ration, or the hinds and tenements, goods and chattles
of the same, from being also liable for and cha;rgeaule
with said excess ; and such of said Dir-ctors as may
have been absent when said excess of bills or notes was
issued or created, or who may have dissented from the
resolution or act whereby the same was issued or crea-
ted, may respectively exonerate him, her, or ttheimsl'ives,,
from being so liable, by having their absence or dissent
entered on the minutes of said corporation.

Sec. 11. Be itfurther enacted, That said President
and Directors shall declare, semi-annually, a dividend on divided.
the stock of said company, payable as the bills or notes
aforesaid, and in no case shall the dividend exceed the
neat profits.

Sec. 12. Be it further enacted, That the said company May receive 1
shall be permitted, and they are hereby authorized to per. cent. tor
ask, demand, take and receive, one per centum, on every 40 dayeforfirt
forty days, upon all monies loaned, or upon all paper







[94]


di-counted for, and during the first five years of the
Company,s operation. The interested discount after
that period to be regulated by the Legislature.

Charter for 20 Sc. 13. Be it further enacted, That said charter shall
years. continue, unless forfeited as aforesaid, for and during the
full end and term.of twenty -ears, from the first of Jan-
uary next.

Bonus to Ter- Sec. 14. Be it further enacted. That the said Bank
ritory stock shall pay the same rate of tax as is now, or may
hereafter be imposed un the stock or profits of other
Baiis in" this Territory.

See. 15. Be it further enacted, That this act shall
take tTffet firrn and after the passage thereof.
Passed 14th November, 1829
A. BELLAMY.
President of the Legislative Council.
THOSE. MUNROE, Cleik.

Rejected, November 16th, 1829.

WILLIAM P. DUVAL,
Governor of the Territory of Florida

Reconsilered Nov. 17, 1829, and passed by the re-
quisite majority.
THOSE. MUNROE, Clerk.







[95]


AN ACR

To provide for the appointment of Auctioneers and de&fiMg their duties.

Be it enacted by the Govrnor an.i Lb-gil rI' C(oiil
of the Territory of Florida, Th.t thio s J.il. I.e appoint- Au'tioneers to
ed and conmriissioned, by the Gov4rirr at.d Legislative be a pI ed
Council of rtis Territory, in each and every cointv with-
in this Territory, a suitable number of.fit and discrete
persons, who shall reside widiianthe county for which
they shall beappoit.ted, to act as auncioneers at all public
sales by auction, except -sales under atd hf virtue of
any execution at common law, decree in chancery, or of
any property belonging to the Territory or any county Theirduties.
thereof, or by any executor, administrator, or gniardiau,
in relation to property sold by them in that capacity


Sec. 2. Be it further enacted That every auctioneer
shall, before he enters upon theditries of his orfice, exe-
cute bond payable to the Governor or his successors in
office, with two moore good and sufficient securities, to
be approved of by the presiding justice of the county
court of the county in whihI said securities may reside,
in such tsum as said justice may contidler necessary, con-
ditioned to discharge the duties of his said olfice, and to
pay to the T'reasurer of the Territory of Fiio idi, two
per cent. unon the 4goss amount of all sales by action,
made by him or by his order or in any ofth r manner, ac-
cording to the prCvi-ions of this act ; and said bond ,hall
not be void oti the first recovery, but may lie proceeded
upon, from time to time, until the whole of the penalty
thereof be collected. which bond ihali be recorded in
the clerks office of his county, at the expense of said
auctioneer, and forwarded to the Treasurer of this Ter-
ritory.

Sec. 3. Be it further enactid, That it shall not be law-
fil for any auctioie '"r to ch:irgi or receive a greater per
cent tha ~ouir Dnt' nt, ove ,.1 l :v tlhe tax :Icem nlug
to the Territory, upon any gouus or other articles sold


Auetioneers to
give bond and
security.















Their per cent
upon sales







10J
by him; Provided the amount of nropery sold does not
Pe keepac- exceed ,, ir h',;.-'nid dlolirs n td for all sum ai;,,ve
mants, &c. that, two peM',i'cent otl thieamount of such excess -; .'d
it shall ,e the dut .offl'e several auctioneers, t..thin
this Territory, to ikeelp an exact account of the a;;mount.
of property l' th'rn or by their order sold, at what time
and atht what place hdfor whom and said auctioneers shall
quarterly, on the fit 6 day of January, May, Anugu' "nd
November, tr:tin-l4mt tJhe Treasurer of this Territory
a copy of all sales efesot d,b r him or by his order, sworn
to before,vand certified byanme judge or magistrate re-
sitditi Aithiu this Territory, to be deposited in the of-
;fice of the said, Treasuvfr.
Sec. 4. et t# further ,enacted, That avy person or
persons who shall offer any property for sde by public
Penalty ror auction, contrtdy to the provisions of this act, shall pay,
each of this on due convictionthereof before any courfthaving juris-
diction of the same, a fine, for each and every offence,
not exceeding twenty per century on the amount of such
unlawful sale, at the discretion of the court, one half of
said file to go to the informer, the other half for the use
of,the Territory.
Sec. 5. Be itfurther enacted, That no tax shall be
Certain sales due to the Territory, from any auction sale of lands or
exempt from other property belongiig to any county thereof, or any
tax.
land, or other property belonging to the Territory.

See. 6. And be it further enacted, That this act shall
take effect : )n and after its passage, and all acts or
purat. nets, inconsistent with the provisions of this act,
be and the same are herchy repealed.
Passed 19th November, 1289.

A. BELLAMY,
President of the Legislative Council.
THOSE. MUNROE, Clerk.

Approved Nov. 21st, 1 29.
VWM. P. DUVAL,
Governor of the Territory of Florida.












AN ACT

To amend an act for the summoning of Grand and Petit Jutors, and for other
purposes.

Be it enacted by the Governor and Legislative Council Qualifeatid8
of the Territory of Floridaf That the free white male of uror.
citizens of the United States who are householders in-
habitants and residents of this Territory, above the age
of twenty-one years, and under sixty years, shall be lia-
ble to serve, and are hereby made competent jurors, for
the trial of criminals within this Territory, and in the
trial of civil causes for the recovery of debts and dam-
ages to any amount whatsoever.

Sec. 2. Be it further enacted, That so much of the
eighth section of an act entitled "An act for the sum-
moning of grand and petit jurors, and for other purpo- Rpealn
ses," as comes within the purview of this act, shall be
and the same is hereby repealed.

Passed, November 13tA, 1829.
A. BELLAMY,
President of the Legislative Council.
THOSE. MUNROE, Clerk.
Approved Nov. 17, 1829.
WILLIAM P. DUVAL.
Governor of the Territory of Florida











AN ACT

To alter and change the time of holding the County Court of Washingtontul
Walton counties.

Be it enacted by the Governor and Legislative Council
of the Territory oj Florida, That the county courts of the
county of Washington shall hereafter be held on the
second monday of March and September in each and
every year, at Stephen Roach's bluff on Holme's creek
until the county seat for said county shall have been per.
manently established..
Sec. 2. Be it further enacted, Thatthe county courts
of the county of Walton shall hereafter be held on the
first mondays of March and September in each and
every year, at the seat of justice in said county.

Sec. 3. Be it further enacted, That the twenty third
and twenty-fifth sections of an act establishing the bound.
daries of the counties of this Territory, and appointing
the time of holding county courts, Approved the 23d
November, 1828; te and the same is hereby repealed,
and this act to be in full force and effect from and after
its passage.

Passed, 16th Novmber, 1829.

A. BELLAMY.

President of the Legislative Council.

THOSE. MUNROE, Clerk.
Approved, November 17th, 1829.

WILLIAM P. DUVAL,

Governor of the Territory of Florida.


To be held 2d
Mtondays of
Larch Sept.






Iaiton county
court first Mone




23d and 25th
sectionss repeal.

Sfore.

In force.