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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: 1832
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.
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Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 18494349
System ID: UF00073402:00010
 Related Items
Succeeded by: Laws of the Legislative Council of the Territory of Florida

Table of Contents
    Front Cover
        Front Cover 1
        Front Cover 2
    Titles of the acts
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    Acts of the legislative council of the Territory of Florida, passed at the 10th session, 1932
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    Index
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Full Text










LEGISLATIVE COUNCIL






T."WRRIT3RY or FLORID~.L





















T L AI i. I~ I 1A u 1 I ra4












-. An act for the relief of the heirs of William Argyle,
-. Ant a ; to ic: rporrue the tropicall Plant C.ompa.ny of Florida.
3. Ant a,-, to amend the act entited an act concerning .j 1.ri~..: Lieense.
4. An act to a.ltr anl amend tie charter of the Bank of Pensacola.
5. Aon act to d-er amn aiilend an act to incorporate a Company to be en-
titled the St. Marks INanigati,)i Company.
6. An act t) al er and nd in, act authorising Hector W. Braden to
make a Canal throu-rh the Natural Bridge of the St. Marks river.
7. An act to estal-lish a ferry over the Suawannee river.
8. An act to incorporate the Trustees of Jefferson County Academy,
9. An act to authorise W. Clements to,establish a ferry over the au-
wann'e r:ver.
10. An act to au! ih.rise the administrators of-Dr. J. G. Teague, deceas-
ed, it dispose of his real estate.
11. An act to establish the boundary line between Leon and Jefferson
coutLies.
12. An act to provide fbr the building of a jail at Key West.
13. An act to incorporate the Trustees of Quincy Academy.
14. An act to incorporate the City of Key West.
15. An act to incorporate the Gadsden Springs in Alachua county, and
to establish a ferry on [ie Suwanncp
16. An act to autiorise the saie of the real estate uf .Alex.nder Adair,
deceased,
17. An act to establish the rate of Pilotage for the St. John and Nassau
riveC .
1 -. An act to prohibit our citizens from trading with the Indians, and for
other purposes.
1 An act conr'rning t olto and treasurers of this Territory.
20. An act to r: annise a a of the Territo: y of Florida.
21. An act to amend an a c e n lo r tise a revenue for the i'er-
ritory of Finrida.
22. An lct ,o a'nmer an act establishing aferry over the Suawamnec river.
2:3. An iact concerning Soldiers and Seaimen;
24. An act to provide for the collection of judgments against free nearoes
anl )tiier persons, therein named.
25. An act to organise a county to be called Columbia, and for other
jpirp:)ses.
26 A., act to prohibit the county courts from levying taxes in certain
cases.
27. An act to repeal an act concerning the Literary Fund.
28. An act to amend an act authorising tile laying out a road from the
App rachicolt river to Marianna.
29. An act to amend an act concerning patrols.
30. An act for the relief of Thomas Brown and Federick Weedon.
31. An act to provide foi tie holding a special Term of tile Superior
Com for 'he 'diddlle )Ostrict of Florida, in Hamilton county.
32. An act in add: 'ion to the several acts in relation to roads and brat,
33. An: act to autrllrise the sale of certain real estate of tile infant heir:
of .: \ k r Sarnders, deceased.
31. An act 1fr the relief of Samuel Crosby.
35 An r:t: f" tlih rielif ,' W illiam Hall.
3 J. Ain :,' a .id I Y i' rl thea veiral acts concerning the administrator
of estates, aid tle duties of executors, administrators antu uardiaJs








7'. An adt to amend ar act relating to Crimes and Misdemeanors couli
tiitted by slaves, free negroes and mulattoes.
39, An act regulating the rate of interest.
39. An act authorising John Wooten to erect a toll bridge over Little riv-
er, in Gadsden county.
40. An act to authorise Georee Fisher, Sr. to build a mill-dam and look
across the Ocklocknee river, and for other purposes.
41. An act to repeal act act to prevent Duelling.
- 42. An act to lay out and organise tihe sunty of Franklin.
43. An act to incorporate a Bank in the town of Magnolia.
44. An act to incorporate the Town of Ochesee.
45. An act respecting the-payment of postage on public letters.
46 An art to establish a ferry across Appalachicola river, at Ochese&.
47. An act to dissolve the marriage contract of Lorine Rumeland Johnr
urnumel.
49. An act for the relief of William Mimmg.
49. An act for the relief of Enoch Dudley..
50- An act to dissolve the marriage contract between Elizabeth A. Brea-
dalbane and Donald M. Br,.adalbane.
51. An act for the relief of Rebecca Pierce.
52. An act to dissolve the marriage contract between William Kerr and.
Epsey B. Kerr.
53. An act to organise a county to be called the county of Fayette.
54. An act to alter and amend the several acts relating to roads, high-
ways, and bridges, in this Territory.
55. An act relating to crimes and misdemeanors.
56. An act to incorporate a company to be called the St. Andrews and
S hipola Canal Company.
57. An act for the protection of the Fisheries on the Coasts of Florida,
and to raise a revenue therefrom.
5. An act eo incorporate the Rail Road Company.
59. An act regulating the mode of suing out writs of error, and prosecu-
fine appeals, in the Court of Appeals of the Territory of Florida.
60. An act to authorise Jar es R*t.,ail h a ferry across St. Johns
river, at a place called Picolatlt
C6 An act regulating the fe1s of certain officers.
62. An act concerning the Public Archives.
63. An act in addition to the< act for the relief of the heirs of William Ar-
gyle, approved 19th January, 1832.
64. An act to provide for the division of estates.
65. An act to fix the time of holding the Superior Courts in the Western
District of this Territory.
66. An act to incorpo rate the Trnteesof Bethel Academy.
67. An act to pr-vide forthe r-.on effectual settlement t of accounts be.
tween the Territory and indi viduals.
68. An act for the relief of John Caruthers.
49. An act to amend an act to regulate proceedings in Chancery.
70. An act to incorporate the town of Jacksonville.
71. An act to establish a ferry across Black Water river, at or nearitr
junction with Black Water Bay.
72. An act to alter the southern and western boundary line of Jackson
County.
73. An act to compensate persons killing Wolves in this Territory.
74. An act toincorporate a Bank in the City of Tallahassee.
75 An act for the relief of Alfred Evans.
76. An act for the relief of Isaiah Dykes.
77 Aui act to divorce John Darby from his wife Teresa.
7S. An act for the relief of Mary Canaday.
79. An act to amend an act to provide for the laying out the Schlel tlat*
'h this Territory.
50. An actrespeetiag the public property at St. Marile








S1. An act to aiaend an act concerning wills, letters testamelltary, ail
the duties of Executors, administrators, and guardians.
82. An act to provide for the speedy settlement of all arrears due the
Territory of Florida.
83. An act to amend an act, to raise a revenue for "the Territory of,
Florida.
84. An act to amend an act to impose a tax on Hawkers and Pedlars if
this Territory.
85. An act concerning Executions.
86. An act to prescribe the mode of summoning Grand and Petit.
Jurors.
87. An act concerning Attachments.
88. An act to provide for the election of county seat in Jackson
County.
89. An act to amend an act to incorporate a Bank in tie Town qf
Magnolia.
90. An act for the speedy settlement of the Tallahassee Fund.
91. An act'to amend tie several acts incorporating ithe Bank of West
Florida.
92. An act to provide'fr renairmn ana nmsning-the Capitol, and im
proving the square.
93. An act to repeal an act to authorise W. Clemeants to establish a-ferry
over the Suwannee river. ...
94. An act to prevent the future migration of Free Negroes or Muilat
toes to this Territory, and for other purposes.
95. An act for the relief of Mary Rhymes.
96. An act for the relief of Sarah Stafford.
97. An act concerning proceedings before justices of the'peace, and regu-
lating appeals and writs of certiorari.
98. An act to provide for the compensation of theefficers of the Cotncil,
And for otheruPrpases







ACT6

OF THE

2C`IZSLATIVE COUNCIL
OF TIE

TERRITORY OF FLORIDA.

Passed at the tenth session, which was begun and held at the

T-MY QP UAAI'T AEIA@@E
On Monday tie second day of January, one thousand eigit hundred
ani thirtly-two.

JA.i-rs- D. WESTCOTT, J,, Secretary and ActinE Governor.
A. ELL..AMY, President of the Legislative Cuuncil.
Jloulx 1. CAMPEELL, Chief CI rik.



N':. 1. An ACT for the reliefof the heirs of William Argyle.

Be it enacted by the Governor and Legislative Council of the
Terrioiry of 'Florida, i hat it shall and may be lawful for the Adm'rand ad
adninii,ti 'or and administratrix of AV illiamn Argyle, deceas.-d, minIis!ratrx aa
late of Leon county in this I territory, to sell and dispose oi t'he real estte oi
real estate of the said decedent, holding the proceeds thereof to deced,
tie ue of the children of said decedent.
Sec. 2. i;e it. further enacted, That it shall and may be law- Authorized to
fill ibr the said administrator and aimini tratiix, to remove the remove c,-
children and such of the personal property ol tile said Vi illiam drewi A, ierse-
Argyle, deceased, as thvy may think ht beyond the linit, of his nal property.
Territory.
ec. :. And be it further nnacted, That before proceeding
to avoil tiliems'clvcs of aniy of the privilg'pes granted by tlis act,
i s S: ;id aii:. istrator and au iimiiitratrix, shall in addition to the To g o a
l' i aeta (! requirtid h li' ent(cr into a bond payatle to ti w it, .
oi l <> 0-i of tlhi (rriil or his si lcc 'es'or in otffie, in st chl a I'r :Lp'.
suin1 aU:. v 1i6 n S cth stcurt t is lht'h pIn'csid:ng justice o'lt"ti county 0o mot.1c-
cl' ,, d il ; (:x e)i'il 'il, to holu the ontLC ;.'si'lL tro1'1
iie ,.':'. ic l rjt cirlt\ autih rise ty the i .3't -jtloni ol tdi..









pit, subject to the uses therein expressed, and so to administer
the personal estate as may tend to the advantage of the children
of the said decedent.
Passed Jan. 13, 1832.
APPROVED Jan. 19, 1832.




No. S. An ACT to incorporate the Tropical Plant company ot Florida.
fCeamble.
WHEREAS the introduction in this Territory of useful tro-
pical exotics, and the cultivatioiAthereof is calculated to be ben-
eficial to the citizens of lorida-And whereas Henry Perrine
and his associates are desirous of being incorporated into a com.
otherrine and pany for such purposes; therefore
a body corpo- Be it enacted by the Governor and Legislative Council of the
rate. Territory of Florida, I hat Henry Perrine, E. P. Johnson, James
Webb, William .I. Simmons and E. B. Perkins, be and they
are hereby declared and constituted a booy corporate, by the
title of The Tropical Plant company of I lorida.
Capita stock Sec. 2. Be it further enacted, that the capital stock of the
of said compa said compa:.y, shall be fifty thousand dollars, to be divided into
Dy. so many shares as the Trustees hereinafter named, shall deem
fit, and in case they shall find it convenient to increase their
capital, they are hereby authorized to do so from time to time,
to any amount not exceeding one hundred thousand dollars, and
to increase the number of shares in proportion.
Sec. 3. Be it further enacted, That the company hereby
Nayholdlands incorporated, shall be capable of holding such lands and hered-
itament-, as they may acquire trom Government, or from indi-
viduals, for the purpose of carrying the objects of the said cor-
poration into full etiect.
Sec. 4. Be it further enacted. That the said company and
their successors by their corporate name, shall have power and
her c be capable of suing and being sued, plead and being impleaded,
rate Co o- defending and being defended, answering and being answered
unt. in all courts and judicatures whatsoever and wheresoever:
and also of contracting and being contracted with-and the said
corporation shall have a common seal, and they may alter, des-
troy and renew the same at pleasure.
Sec. 5. L:e it further enacted, That subscriptions to the
Subscriptions capital stock of the said company, shall be opened under the di-
to capital stock reaction ot the trustees hereinafter named, or a majority of them,
peenn~ "here at such time or times. and at such place or places as they may
see fit: and it :hall be the duty of the Trustees for the time be-
ing, to cal for and demand of the stockholders respectively, all
Time of pay- such sum, of money as may have been by them respectively
icnt therelo. subscribed, at such titime and in :uch proportions as said trus-
teces shai see lit, under penalty fI forfeiture of their shares, and









all previous payments made thereon to the association ; always
giving to the stockholders thirty days notice of tuci cail or de-
mand, by publication in two newspapers printed in Florid ...
Sec. 6. lie it further enacted, That the capital stock, prop- aElpeton aent
erty and concerns of said company, shall be managed by five trustees.
trustees to be chosen annually ; and the first election shall be
held on the first Monday of irovember, 1833, at such place as
the trustees for the time being, or a majority of them by publi-
cation as aforesaid shill direct-and kenrv Pernne, L. P. John-
son, WViiliam H. Simmon,, E. b. Perkins and James Webb, Eections ho9
shali be the trustees trom the date of this act, until the time of
said tirsL election and until others are chosenr, and all elections
shall be holden under the itlspc tion of managers to be aplpont-
ed by the trustees for the time being, and shall be made by bal-
lot, and a plurality of votes given by persons owning the major
part of the stock, shill constitute a choice, allowing the absent
stockholders to vote by proxy, and each share to be entitled to
one vote.
one vote. Failure to elect
Sec.'7. Be it further enacted, That if it should happen that trustees, shall
an election of Trustees.should not be made on the day men- not dissolve
tioned in this act, the said corporation shall not for that cause be company.
leeined to be dissolved, but it ball and may he lawiul on any
other day to make and hold an election of Trustees, in such
manner as shall have'been regulated by the bye-laws and ordi-
nances'of said corporation-and 'in case any vacancy should vacancies,Who
occur in the Board of itu.itees by death, resignation or othe filled.
wise, it shill and may be lawful, and the trustees for ith time
being, or a majority, of them,- are hereby authorized to i'll su.h
vacancies; and the person or persona so appointed as tra.tee
or.trustees, shall hold his or their offices until the next election,
in the same manner and to the like intents and purposes, as it he
or they had been duly elected by the stockholders.
Sec. 8. Be it further enacted, That t;e stock of said com- Stock transfer;
pany shall be assignable and transferable acciidin; to'such rules able-
as tte trustees for the time being shall make and establish, pro-
vided such rules be not repugnant to law; and no stockholder
indebted to said association, shall be permitted to make a trans-
fer or receive a dividend until such debt be paid to the satisfac- Meetings .of
tion of the trustees. stoackholern.
Sec. 9. Be it further enacted, That it shall be the .duty of
the trustees to call or appoint meetings and -notify the stockhol-
ders otf the same, in the manner above mentioned, when requir-
ed by stockholders owning one fourth o6f the stock. Qnorum of
Sec. 10. Be it further enacted, i hat the trustees for the trustees.
time being, or a majority of th(m, shall form a quorum for the
trrnsactio; of all business oi the company, and shall have pow- May make by.
er to make ail such bye-laws, r:lts and ordinances, as to them laws, ordinar-
shail appear need:e:l and proper, louching the management and ces, &c.
dispouiuon of th : property, e6;trte and effect- of the said corpo-
ration, and all,sAu.A matters us appertain to the concerns ot(.the









association: and they shall have power and authority io appoint
ppt ofand e;ipl,'.ivll i-sh otfi-crs and servants as they mnav thiik
ccs serve is. proper lor the transaction of the busine-s and concerns of said
corporation, and to displace them at pleasure-Provided also,
that such rules and bye-laws be not repugnant to the laws of the
T'rritory.
See. 11. Be it further enacted, That the trustees shall at
all times keep. or cause to be kept at the office for transactiig
Record of the business of tie said as -oci:nion, proper books in whi h
theirtrans'rns. shrill be regularly entered, all the transactions of the said cor-
poration, which books shall be subject at all times, to the in-
spiction of the stockholders ; and the trustees on going out of
otlice, shail account to their successors, and pay ov'r all monies
of the association in their hands.
Sec. 12. Be it further enacted, That if the said company
should fail to carry into execution the objects contemplatedby
this act, by the first day oi January, eighteen hundred and thirty
Charter when four, then this act is to cea -c and be ot no effect.
forfeited. Sec. 1. And e it further enacted, That this charter shall
last, and ie provi: ions ofthis act continue in force for the term
of twenty years, trom the said first day of January, eighteen
Limitation of hundred and thirt four.
charter. Passed Jan. 14, 1832.
APPROVED Jan. 23, 1832.



No. 3. AN ACT to amend the Actentitled "An act concerning Marriage
License.'

Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That irom and after the pasag- ot'
Whiteand eo'- this aci it shall not be lawful, for any white male person, Ic.i-
01o .' ''- ."" ding or being in this Territory, to intermarry with any negro,
intermarryingD mulatto or quarteroon, or other coloured female, and it shall in
like manner be unlawful for any white'female person, to inter-
marry with'any negro, mulatto, or quarteroon, or other coloured
male person.
SEc. z. Bo it further enacted, That all" and every mar-
riage, formed, made, or solemnized in contravention of the
Marriage void. provisions of the foregoing section shall be taken and hold as
utterly void and null; and the issue (if any,) of' such sm~repti-
Issm; bjardi tious marriage shall be regarded, as bastard, or bastards, aind
zed. incapablee o!' having or receiving any estate rcil, peisonai, C:
mixed by iiiheitancc.
Skc. j. Be it further enacted, That all Cl!rkis of co:i ,
witiai thin, crritor,', are ex[pre-sl, prohiii, l- ol ron k l w, '
Shal'lk ortc its is i .) :1,.1- ; p'-rso -' t, imr ermn.-u'r ; ilii r tis, ti.i
shJI no raut o u
ilcense' dim.^ihtioes in this act spelled ma








]peal sum of nno thousands dollar'., to be rccovorei by action (:f
de.,t iln any carl t o! record having jurisdiction, Ii- o!u.;hlA.. ,o
be for the use of the informer and the other hani' io the AI .. .i 'nalt
ot the t-erritory.
Sze. 4. Be it fiitthr enacted, That any Minister of the
Go -pel, J twice of thl. PPeace, or Jud'!e of any couit in tlin i ier-
rit.Jr who shah knowingly )pe;'br:i tile cerncii0.1 Oa inmarge
between any persons who by the pi, .i .ii, ofthiisact are pro- Penalties for
hiiited to intermarry, hall in li!k manner forfeit laci pay the pirnir'ing .nr-
penal sum of one ihouiand dollars to be recovered in like nmn- ria.L' cer.mo
ner, as in the preceding section, the ow halifor the use of the ti s
informer, and the other half for the benefit of the territory.
Sec. 5. Be it. further enacted, ': hat all white male persons,
resident within t!i, :'erritorv who shiil attempt tointerminrry or
who shall !ive in a state of adultery orbornication with any ie'-
gro, mflatto, quarteroon, or other 'ooloured female, shall belito- Pn"lty on
ble to indictment therefore, arid on nonviction shall be fined iI 'r i,'i.trmiary-
any sum not exceeding one thousand dollars at the discretion ing &c.
a;thee Jury, and shall moreover be disqualified, from exerci.-ing
any office of profit or trust in this Territory, serving as Jurors, Sh not b
or of givirig evidence in any case, except where negroes, (r mu- Jurors, &c.
lattoes are p irtre-s.
SEC. 6. BC" it further enacted, That this act shall be in
force from, and alter the passage thereof.
Pas.sd Jan. 16th 1832.
APPROVED, Jan. 23d, 1832.



No. 4. AN ACT to alter and amend the charter ofthe Bank ofPensacoia.

Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That the number of votes to wlhici Rnti orvote;.
each Stockholder, in said Blank shal; bgenntitled, shall be in pro- Qualiiications.
portion to the number of shares which he shall hhld, that is to
say, one vote for'each and every share, out ai'tr the first elec-
tion l o share or -shA.e shall confer a right of suffrage which
shali not have been holden three cale:diar mouths next, pre-
viN'll to the da of election-Stockholders actually residents
within the City ot'Pensacol.i, may vo:a in electionss and su-ol us Who shall be
many be ab-eint by proxv--l; other Stockholders m;y vote by directors.
proxy or in person. Non,; but Stockboidors being c.ltzens of
thu.l'corritory shaii be elit-ible a.- ::iie-cturs.
S.c. 2. B it finthtr enacted. That tle coim:issaio:ners of
s.ti! ~:alik are hl rey iiuthorizzd to keep i)op( oi ..k f Boks oi s- ,.
rocCivin Ui0rcriptioni at 'i.aro. ani saui oth pi e or 1, :'
i ,. ;' !in. \ i i. i ac oi'i ei i ,t p r ti l i : t '' '
i t.,.,ik I i ;,i 1 f.ir 1i 'Ii d; iii J -'iiL a;,Y I xt" .. -i x.
it tie mci lti .11 eu liley ,hail have rccci\ kA tnii per cciut









Section of di- upon seventy thousand dollars, they shall give notice to the
rectors when stockholders for the election of Directors, as i3 provided in the
to take place. second section of the act to which this is an amendment, any
thing in the same to the contrary notwithstanding.
SEc. 3. Be it further enacted, That any number of Stock.
iGne al meet- holders owning two hundred shares or upwards, shall have pow-
ing of stock-
holders, how er at any time to call a general meeting of the Stockholders for
called. any purpose or purposes relating to the institution-giving at
least four weeks notice in some public paper printed in Pensa-
cola, and specifying in such notice the object or objects of such
meeting.
Instalmentson SEC. 4. Be it further enacted, That the Directors of said
shares when Bank afler it shall hdve gone into operation hall have power
payable. to call for such other payments of the capital stock as they may
deem necessary not exceeding ten per cent at any one time;
giving at least sixty days notice by advertisement as aforesaid.
Number of di SEc. 5. Be it further enacted, That the number of Direc-
rectors. tors of said Bank shall be seven instead of thirteen.
SEc. 6. Be it further enacted, That every provision of the
Ikp'ngelanse. act to which this is an amendment, repugnant to, or inconsis-
tent with this act, be and the same is hereby repealed.
Passed January. 18th. 1832.
APPROVED, Jan. 23d, 1832.




No. 5 AN ACT to alter and amend an act to Incorporate a Company to be
entitled "the St. Marks Navigation Company."

Be it enacted by the Governor and Legislative Council of
Part of 10th the Territory of Florida, that so much of the tenth section ofan
section of act act entitled "An act to incorporate a Company to be entitled
of Feb 12
1831 repealed. "The St. Marks Navigation Company," passed February 12th
1831, as reserved to the Legislative Council of this Territory,
the right to repeal, alter and modify said act, be andthe same is
hereby repealed.
Passed, January 17th 1832.
APPROVED, January 24th, 1832.



No. 6. AN ACT to alter and amend an act authorizing Hector W. Bradea
to make a Canal through the Natural Bridge of the St. Marks River.

Part of sixth Be it enacted by the Governor aed Legislative Council of the
sqction of act Territory of florida, That so much of the sixth section of a, act
repealed. entitled an act, to authorise Hector W. Braden, to cut a Canal
through the Natural Bridge of the St. Marks river, passed the
iL'.h ,ebruary 1831$ as reserves to the Legislative Council the







Ilk)
right to alter, modify and repeal said act, be and the same i9
hereby repealed.
Passed, January 17th, 1832.
APPROVED, January 24th, 1832.



No. 7. An ACT to establish a ferry over the Sawannee River.

Be it enacted by the Governor and Legislative Council of C. H. B. Col-
the Territory of Florida, That Charles H. B. Collins, be and o establish a
he Is hereby vested with the right and power of establishing_ a ferry.
ferry, and charged with the duty of keeping the same in repair
across the Suwannee river, at or near the Jackson Spring in
Hamilton county, and the said C. H. B. Collins, shall contin-
ue in the enjoyment of said ferry, for and during the term of
five years--Provided the said Collins shall so long keep the
said ferry in good repair. No o'her per-,
Sec. 2. Be it further enacted, That it shall be unlawful for so to establish
any other person or persons, to establish or keep a ferry within fery for two
two miles of said ferry on the river Suwannee, except it be foriles.
his, her or their own use, and not for the purpose of gathering
or receiving toll.
Sec. 3. And be it further enacted, That it shall be the duty Shall keep
of the said C. H. B. Collins, his heirs and assigns to keep at all eont and suf
times, a good and sufficient flat or craft of sufficient size to
cross a waggon and team, and that he shall be entitled to re-
ceive such toll as may be fixed by the county court of Alachua Rate of toltl
county, and be subject to the order of said court, or any future
Legislative Council of this Territory.
Passed Jan. 18, 1332.
APPROVED Jan. 24, 1832.



No- 8. An ACT to incorporate the Trustees of Jefferson county Academy.
Be it enacted by the Governor and Legislative Council of the Academy iba
Territory ot Florida, That from and after the passage of this orporated.
act, the Academyin Monticello, shall be known and styled by
the name of Jefferson Academy, and that Abraham Mott, Mar- Appointment
tin Palmer, William H. Mathers,jr., Thomas Harvey, Samuel of trustees
Langley, and Albert G. Dozier, and their success rs in office,
be and they are hereby declared to be a body politic and corpo-
rate, by the name ai.d style of the Trustees of Jefferson Aca-
demy, and as such, shall be capable and liable in law to sue and Corporate po-
be sued, plead and oe impleaded, and shall be authorised to e".
make such bye-laws and regulations as may be necessary for
he goveramentvfosaid Acadelmyj r pj;g thatyeuc;i b.e'







L8]

iws hiet not repi"'i]-nf to the law:; of hi, Terriitor, or the laws
and constitution o! lih: united States; an: .or t: .ii: ;urp e,
thiy mtnv have and use' a common, cat, and app int -u'il ; ia-
cers as they mnay think proper, and remove te same iromt office
for improper conduct or neglect of duty.
Sec. 2. Fie it further enacted, That the said triutees shall
be and are heieby maoe capable of accepting and being inv, it-
hv hold ra ed ith all rnanuicr o property, real and per-onal. all donations,
aind othrprop- g ts, 'alt., privileges & uiniunities whr.tsoe. er.whi ..hi tia be-
city. loin to the said instatttioii, or may ihreatr i)e c(onm eyed or trans-
ferr d lu them or their successor in cfIi e, to have and to ;1old
the' same for the proper use, beneht and behoof of the saii A-
cadeni.
Sc. 3. Ble it further enacted, That when any vacancy
may hapl'en by death, resignation or otherwi e, o0 ai:. of the
ow acanice, Iirust'ee of the said _cadeniy, the iiimivor-,, or a ia.io.; of
said Trusress ,of the said Academy, shal nil iie vacaiiu in
siih manner as shill b1 po:ntid out by the bye-lan rid regi-
laUnous o; the ti us.tes aiorcesaid.
l'as.,rd .jt.n. 1I, 1832.
APPROVED Jan. 25, 1S32.


No, 9. AN ACT to authorise WV Cleiments. to establish a feny m or the Su-
wannee Iiki r.

Be it enacted by the Governor and Legislative Council of
Ferry estab- the 'e'rirri.\ of 7'lorida. T'at W'illiui lminents be and h, is
limiied. hereby vc~rld with tnc right and power orl establishing a ,%ci-,
and :n;re-Lud w ith the duty of'keeping th.; same in repair acro-s
tile Sawannee ricer, at the plueP where the roid leading n irin
Alachua county tlo Georgpa, (now known a. !!Herrcino'i; io '-
Limitation of 'y,) ero-ses said river-and the said W'. Clemenets shai con-
right tinuip iln ie enjoyment of said ferry, for and during the term of
five vea:---Provide i, the said Clements shall so long keep the
said ferry in good ;repair.
SEc. 2. 13e it further enacted, That it shall be unlawful
o or for any other pero prsono or establish o keep a fe ry
ry to be kept within t'wo miles of said ferry, on the i nter S:wamniee, ex,-:ep it
within. miles. be for his, her o:' their own use, and not jor the purpose of gah-
eriag or receiving loll.
SEc. 3. Be it ftilthor enacted, That it sh :1l lie the duty if
the -aid WIV. CLienents in.i heirs und assign to k,'p at ail l;io-
a J-,,, .;:nd sulirfie;t fi:a or craft (,' "utfii ient size to (1 -? a
Duty offerry- waron i1-1i tea!n. n;ild in't he h i e c:til'dt ti ic .' i
uIii toil- u; :,ay be ,xed i'v tine o, !! i i):11in 0,A i a'.1:1 i .-
ib ;i ti- t t' 'I;rde( r i' aid o or ,; I t :e .i: ,' i
Toll ('o :: 'l of'i- I i:; to .

.*V* -t\- a-f Jr-VacPWlCYe i m ,1.i.1} 251h,,L,.









No. 10. AN ACT to nuthorise ti.e Admininitratorn of Dr. I G. T[ai t
decease-i.lt dilspcIs of iI i esi l et's te.

Whereas it is represented to this present Legislative ( oun-
cil thttt Doctor 1. G. Teagtle, la;. ol Jefferson county, ol this Preamble.
Territory, departed this lite, rI: vinM considerable real estate
in lands, houses and town lot.-, winch by the lan- oi this Terri-
tory are not suoiect to sale; and a herea., it is further satifatc-
toriiy shewn that the Widow and Infant hein of said Te'aue,
have removed from thi, territory and gone to tue ltte of
South Caroiina, to reside among their friends and relaliat~n:, to
whi h place they desire to transfer the estate of said decedaant;
and the administrators o' said leaguee having petitioned this
pr:,rent Legislative Council to pass a law, authornsing the ,ale
of the real estate aforesaid, and that the runds ari.ing thereirom
be tr-mnstrred to the state otf outh Carolina-Now thereiore,
for remedy thereo,--
Be it enacted by tne Governor and Legislative Council of the
Territory of i'lorida. That it shall ,nd idiy be lawiul bfr Lucy Admrs. of d-
Teague Admini-,trairix, and William Mliackourn, Adminisitrator, ce:wd ., sell
of all and singular, the goods and chattels, of I G Teague de- rea .a.e at
ceas.d, to offer at public auction, any or all of the lands, town pub.,o auction
lots and houses, being of the real estate of said decedent, they
or either of them giving at least six months notice in one or
more of the newspapers printed in"f the City of Tallahassee,
of the time or times, and place or places of sale; and i' to them
it shall seem proper tor want of bidders, fb postpone the sale May naake ti,
from time totime, to do so, provided, public notice be given as tie 4c.
aforesaid of such postpo lenent, and the sale oi any part or par-
cel of said estate being made, they or either of them are hereby
authorized and empowered to convey and mak( title to the pur-
chaser r purchasers, in as full and anlp:e a inanner as the said
Teague night have done during his lii. time.
SEc. 2. Be it furtherr enacted, That the sale hereby direc- Sale shall not
affect descent
ted shall not be construed to affect the descent of :-id property a, rral e-
as declared by the laws of this Territory in ltrce at the time of tate.
the death of said Teague, but the proceeds o&'the slle shall be
and enure to the benefit o' the same person or persons and in
the same proportions, as the said real estate would have belong-
ed, had the samce not have been sold by virtue of this law.
SEC. 3. AL-d Be it further enacted, That before any sale of itnt eir.
said real estate, or any part thereof, shall take place under the
thb" provisions of this act, a guaidi.i: to the ini.it : r.u: -aii t.
G. t league, deceased, shall be appointed in South Carolina, in
accaodance with the laws of !iat .;tate up)n that su,.ject, to
repCe.-s it the ijtercst.i of said infiiit in this behalf; h i n )- T'- s:1a4 acr
setu to the said sale, aid ilu prop()rtiou of the proceeds of tile seLA to s-u
sit of the aioresaid rea eC.tatu, p)rop)'r :pp,)ei ;iia ; r S.t
in i it.).iid shall be overt toh ,a (Yd M lai tiri .!,: r : or r uh r v-
f'. eI t, .f ,-.a ;nd :)* the )- I i o i-
anc8 wrthe o provison Bo Pth) 'tecin 'ol~ioperly cetti-







[101
fidJ of such appointment shall be field with the Clerknf tile
coilty court of Je:i'.;uon county, and placed on record in his
office.
Passed Jan. 23", 1832.
ArPROVED, Jan. 25th, 1S32.

No. 11. An ACT to establish the boundary line between Leon anti Jef-
lfrson counties.
Be it enacted by the Governor and Legislative Council ofthe
S Territory o' i loriwa, That the line dividing the counties of
itvibdin dlne Leon andl Jelleron, shall conimen-ee at tiat point on the C iph
established of Mexico where the line between Ranges two and three cast,
strikes the coa-t, thence n.irth on said line to the basis paral-
lel, thence in a direction north east, until it strikes the ioad lea-
ding irom Bailey's nml to ilagnohli, th'nnce tfolowing said road
north-eastwardly, to where the new road from Dry Creek unites
vWith the same, thence pursuing said last mentioned road, to
Shereit intersect, the line bet uecn 'ownships one and two, of
-rane three north and ea-t, thence east on said line to the wat-
ers of the Micosuki, and thence pursuing the line heretofore es-
tabliShed.
Sec. 2. And be it further enacted, That all acts or parts of
tep',ngc;ai acts, miltating against the provisions of this adt, be and the
same are hereby repealed.
Paused Jan. 26, 16842.
APPROVED Jan. 30, 1832.



No. 12. An ACT to provide for the building a Jail at Key WVest.

Further time Be it enacted by the Governor and Legislative Council ofthe
allowed. Ten itorv of Florida, That a further time of two years is here-
by allowed the coniili.sioners appointed to superintend the buil-
ding a jail and cistern at Key West, to complete the same-
Provided however, that the said commissioners shall within three
Commr's. to months from the passage of this act,'make and execute a new
execute new bond, with sufficient security in the sum of two thousand dollars
bond. each, for the iaithiu l perbrnmance of the duties a-sinned them,
and fbo the completion of said jail and cistern within the time
pro ided by law, the said bond to be approved by the presiding
justice-Provided al.o, that said o-ommi 5ioners shall make out
To make a true statement oi all the monies received by tlim, and from
marni oat m- 'vh in, anid all expenditure, up tu tie dAte o:' said bond, anil c e-
ievy. li ve the -ame at thl time o gtxing ,aid hond to snid presiding
justice to i:e by him forthwlith transmitted to the Treasurer o:
the Territory.
Pr,,d J/ui. 26, A J. 32
-J- Ari",,v.wi) Jan. 30, 1812.







rual


13, An ACT to incorpora: th r Tr-sircs of Cn 3inhy Academy.

Be it enacted yv the Goyver, ,r and fgi-lamiv Coun':il of the
T'Erri.orv of Florid., 3'h t LH nry Gti ha.i' s 1H. D ipont,
Win. Norwood, .Jains A. 4o aten, awuico, .i tlue, God ,r.ti ste-
phciinsTo;. Prc.tonn,J.& their & uc'e-s:,rs inutiee,,te & t'i? y are Trustees itt-
hernbv d.' I'nred to be a hJdy p;' i i: a id orporat. by the na:ne and corpora ed.
style of !hi 'l*Truaiees orl Quincy tc'a,'imy, and as sut h shai
be .apal;:e and labe in inw rtoj -i and be -ue:, pl:ad and be
impie..dk'd, and sh-il be autli:rised to make sich blv-iaws and
regulations, a- m. y ,e iiece-;ary tbr tih; good o rdr an:d govern- -
menpt o:' ,aid an t:tut,)i : Provided, th.it ii.nh by:-t ; ws : re not Corpor'tepo
rep ., naat to. the con.itittion and law\Y oi' ii, Utnit .t.d : a,', and r
of this i'erritorv--nd for that purpose may hayv: and a' coin-
nioa se(a, aipom.t such otficersa as. th y may tiin;i t)ro ,i, and
reniove th, same from office for imprnopcr conduct "i neglect of
uty.
ec. 2. Be it further enacted, That thie ud Trust(-. and rea
their u'ccessor-, shadl ie -.apaiil of acce'ptiii and .:ei; i.lvPst- anY phronal
ed'-vith all manner of property, both real iad personia,,11. 1do- property.
Uatiois, gifts, grants, piivi.';pe; and immuniiie, whit over,
which may bll>ng to sA.id i:i-.tti n, or whii' h .av' iereina.t r
be conveyed or tro.t'ferred t ) taiim or tneir sueceisors ; in h.ive
and to hold the same tor the proper benefit and behoo'otf .aid
Academy. "
Sec. 3. Be it further enacted, Tinat \rhn' any vacancy mai: Va incieshoi
happen by death, resignation or other.ise of n;-. one or m(!i,.. -cd.
of the Trustees of Qui-ncyAcademy, tie survivors or re!tnin-
ing I trustees shall fiu the same, in-,u h manner as shall be point-
ed out in the bye-laws and regulations of said trustees.
Sec. 4. And ue it further enacted, ihat said Academy be Nam
known by the name and eiyie of Quircy Acadfemy.
Passed Jan. 23, 1832.
ArlapovED Feb. 2, 1832.



No. 14. An ACT"to incorporate the City of Key West.

Be it enacted by the Governor and Legislative Council ofthe
Territory o' V'loriida, That nal the free while male min ;bitants
of inat part of the i-lnd of K-:y We:t, comprhcnd',d watitin
th. i mIt6 presci'i ;ld by the plan oi' said town,no -: on ale in the ilhabitantrs oi
clerks otlice in the county of, onroe, be and thly aiire here i)v st ill
coln ;titQt d *i nod; c-orporeite and puliii bY the name and tylc corora
of the city oi' K'y \Vedt, and by ihoir corporate name may sue
and ,,e sued, plad and oo inipltaied, grant an : re', ivc dona-
tions, and do all other acts a. natural persons, and itly pur-
ch-i an hold r al, personal annd mixed 'ropi:ty, and :i.so..e j & pow-
o)f i!:x- siae for thotkencl t Nsad S and najY uay aX.nd t;
A04 t4n: th .e~









use n corporation seal, which nia; be broken or altered at plea
sure.
S4ec 2. Be it fiurthrr enacted, That the government of the
'Mayor and ai- said city, ,hall be vested in a p.r.,on to be c:;lled a Mayor, and
dermen. board of Six Aldermen, to he elected in the manner and by the
per.sons, anid at the tnlle hereinaftr directed.
Se3:, 3. Be it furtihr enacted, That all the free whit male
persons, over the age of twenty one years, who shall hav. resi-
.Quali'caiion ded within thb; limits of the said city twelve months previous to
of voters, the day of election, and who shall be citizens iof the United
States shali have a ;igit to vote for a Mayor and six Aldermen,
and the said election hall be held on the tirst Monday in April,
in each and every year, at such place as -aid incorporation may
appoint, and th- votes shall be given by ballot
Sec. 4. Be it firrthir enacted, That the Mayor and Alder-
eor al"f ma men of said city, .hali mnct at such tinies and at such places,
men. within the limits of said city, as they may think proper, and their,;
meetin-g h ill be public, and the mayor and not less than three
Quor. alderman shall be necessary to form a quorum for the transac-
Quorum tion of ,ouiess.
Sec 5. ie it further enacted, That if the Mayor or any
Absence to Alderman of said citv, shall be absent more than two months,
vacateseats. the seat of -u.h mayor oralderman shall be deemed to be va-
cate, and an election shall be ordered to fill such vacancy, and
five days public notice thereof, shall be given before the said
el.i tin shall take place.
Sec. 6. le t further enacted, That it shall be the duty of
the Mayor of said city, to order an election for Mayor and A!-
dermen, at least ten dacs previous to the time herein before
prescriiid for the annual election, and if the Mayor -hall refuse
Electi-ns.how or n ordered. dty of the ,'lrk of said incoirpraition to do so, and if the clt.rk
shall refiuse or neglect to do,so, it shall and may be latul for
Athe citizens of said city, who may be entitled to vote for a iMay-
or and six Aidermen, to assemble at any convenient pia,:e in
Said -ity, and appoint judges to conduct said election, and they
may then proceed to elect a mayor and .-ix aldermen, who shall
be ;worn into office by any judge'or justice of the peace in the
cou.:ty, efter which the mavor and aldermen so elected, shall
imminediteqy enter upon the duties to he performed by them.
Sec. 7. Be it further enacted, That the Mayor and Alder-
r.men of said cit,, shall have power and authority to prevent or
iower and au remove niim.ances; to restrain and prohibit all sorts of gaming;
tlhrity oi cor- to establish and regulate market;:, the safe keeping of weaihts
poration. and ma.-iures ; to retii ate streets, squares and fences in said
city; to :i, ense weighers; to regulate and appoint patrols, to pun-
ish vaga;i:nds; to erect and keep wharves; to appoint Pilots and
regulate pilotage into the harbour of said city, and the entran-
cc. into the .ian' ; to regulate the anchorage anid mooring of
veassDin eaIKd 4agUoayr 4earaadn i ene billiard talllo,. to









ftr annl license hawker;, pr"dla :,in tranirent traders, to fax
r,,i, r, f d:y. ooii, ., ',, :n a, ner ,r ani anid ,,-
ti.: : t ;'x tree i1 rt -, ul .. and -ai *.---h i ded
tl ; iax oi;..iv:- 'ha-ll n i x e .d the ti rritri;;:. t.x onx ti .o .-
7 -,ibali hld\v, pov~ 1 t" ev.vy tax on ninm';f d ai d i.ll i -
ta I' thui sad ty, (if not ,ior titan onr, ilf ..f l& per c"nA- Taxe
tumn lip.,n it vial i a1ni one h. it of 1l) p r ,'etjtu:i on 6n cii1-
inim:-ov' I lots within va.iued at t entv ti ,- dojiar.- pe.; acre, ;mid ::-ad tax o'i reo.'. .s-
tat, :.hail be a.sessrd by .-rsh person or pIrscni, aid in Isuch
man .'r as the inayr and al1ermien of said. city deeim most
proper. 'i hall also ha'e pircer, aui authority t, enforce
ail law of inis Territ.,ry and 6f theit onu bo.ly. regulat:ng
q i lantl te of vessel-, and ior th 'pi eervation ;f tie' i ;i ; of
said and -uch other oli( per a~. ttltiy may think nc,'ess.ur to i l;rv in-
to eiidbt tir laws and ordii nre-., and ~ia, r ,i : prov.ae tor
th- i lul". or po Ice ;nd good goviern,!lent of satl rcitv.
S. S. 8. B:t fiurlier enactled, That so mnu h (f the said U. S. Bar-
city a-, is now it1 d and occupied by thle Unit d Latlpes tho e racks.
erectiui of iiarracks aind li'r oth:r pu poe -i, h- reby declared
to be without the jurisdiction of -aid i;te :p irxi ,ii, and not silb-
jer to any of the la% s and ordinance made fr tile government
of the same. 4,
Sec. 9. Be it further enacted, That all laws and ordin:n-
ce:; of said city, shall be posted up at thrt.e or more oftlhe most Publication of
pibiltic places in said city, at least three days before they shall laws.
taiie offect..,
Sec. 10. Be it further enacted, That the mayor of said Msr tobavo.
city, shall have and exercisiedi the powers of a jur-tice of the tL.pow'r of a
peace, within said city, and shall be entitled to receive the -aile J" P-
fees in all cases whuih he may Ihe called upon to determine.
Sec. 11. Be it further enacted, That the act entitled, an
act to incorporate the t %wn of Key West, passed Hth Novem- Formeractre-.
bcr i82S, he and the same is lh.reby rep.:aled, and that this act pealed.
shall be in force from the date of its passag-e, but the present
president and town-council, shall continue to hold their respect-
ive odfice, until the first election provided for by this act.
Passed Jan. 23, 1832.
APPROVED Feb. 2, 1832.



No. 15. An ACT to incorporate tii Gadsden Sorings in Aiachna county,
and to ,;albli.ish a 'fetrr on the Suwiannee.
He- it enacted by the G.overior and Legislative Council of he Certaii Pe:
Territory of Firida, 'hbat John hampioa, tiharles lc-Lell n, s,ns pp,,l -
John L. Jerry, rarncis J. Ross, anJ their successors, be ai'd A- eCnmi;
th- art hereby cre-ited a crpo.ratio ,and body politic, by ti,' oe):
g artpf@'g.'he comnu ioners wrin diMaiping 1nd y







[111
,h name tlrd as 'cil'h corpo--iio],, ::ro' enpow:\"e to sue, nnd
shahl :-,. .;l to be sii'd, and t !,; *ii.i p-rf'rin :Al hin7gs ne-
ce.ssay for a corporatioOn t do, fr th: p'r.pos S h1- eiiuf. ir men-
tioned.
;'ec. 2. Be it further enacted, h i:lt said 'orporatio i -bhll
duties and ju. be charged with the tiity t.f inpro i-,in -aid a prin:s, and i'epiong
risdiction the satil ini proper coilditlijti, as a pulled watering plia" ; and ai-
so in preservii'g good order and d- orum ih il halt'a .nil cacrh
and ev,'ry w;ay from th'p springs, lknhum iy ;h. nini: ofl Gad-tisen
'ThePresident Springs, and said corporation shai. at lheir first regular mi etiig,
on the first day of March i \%'i -i .: S priaeg, appoint o.e of
.the corporation President, .') piil.nil? of vot. s-- id th y sh Jl
have power to pass oye-li a. and ordinances for their own regLu-
6ther Officers ltion and government, and the same and a!l their pric,'tedinIrs
shall tbe recorded in a book-Aand they shall hive pow 'r to atp-
point a clerk and inarshal as may be nccuasary, in such manner
as they mii, deem proper.
e,'c. 3. Le it -frther enacted, That said commissioners
Corporatepow shlali havi poXwer'to establish such rules, re'u!ations nrid ordin-
ars. anc.-s or thit: preservation of proper older aiid decorum at said
wat--ring pkce and within thi' sat.- li.nits, fiivinm notice thfeof
in at least three puibhe places within the samr:, byy postiii the
Publication of'same, written or printed, so that the same can be read-and for*
laws. any vioiationtof said ru l s, any person nra arrest thi o:ie)der
and take him before the President for the. time being of said oor-
poration, who shall bave power to fine said oiiender any suin. not
Proceedings exceeding twenty dollars--ani said president in such case, shall
hire presn proceed as. a justice ot the peace proceeds in cases of :nil;gous
character, and shall have al; theipower of a ju,.tice of the peace
for that mu pose, and shall also r e- e" similar f'-e, to be taken
out of ih'" line-and any defendant aggrievedd by his judgrncit,
can appeal to the Superior court of said county, if the appeal is
taken within three diys after judgment and the fine first paid
Appeal from down to tho President; aria if the Siie is not p id, the president
1; J-.i:i'I. may iss;e his warrant to the Marshal to commit said otfinderto
the county jail, for any tinre.liot exceediitg ten days.
See. 4. Be it fiurlthir enacted, That if any of said corpora-
tors die or relgn, or n.gl:. I w.ih'due notice to act, the others
shall eliet soine*person rr. -'i rg it or near said p!ace, his suc-
hVaca'iea, cssor, within two months s th. greater : and when the Presid-nt is
S absent, an, three of said eorporators are cmpoverdt to e l.'et a
presidentt ta ,. t ia his ,Ciseiue, who is he:r''-.y during said time,
inve .ted witt all ins piowes.
c:. 5. Iie it rnrlihr enaa-ted, i hat if any of said crorpora-
tors rci tcu.r ohcerrs, or, ind.vi I':al ly sueld tir any tlll.h lnii'iuily
Suits a a'nst warranted oI. a i .;one under thi, a 1, th,' min.'y plead th.- nien-
corc'rn .ir s. er;a! iesc u ia d i : this act li e icii ,i in n ,i .catiol thcer'e '.
aec. 6 lce it ur;her enicti-d. ith lt all ii,-is roeiv.x under
Fines 'Ad.this a t, s;i-Al ie pa: into the erlritorinJ ''reasury. within six
Stero F i r lls thAPr.uI%-igt.I









Sec. 7. Te it lfirthr emritrd. That said cwrporption be and
llithv r: r y 1: ii !] (t-h rmhts ai l a gi .', t0h t:; duties S all eseabliN
of S i ii-Aiilg and f ; .pi p a fe r, at such pkii -- ;r 1 ,.nnee ur. kep Lfe
rt\ in" u. t id m-p m. a niay s c i a io i ( i, :,i c : i-iu the ry.
saiii corpo,.t:')i !,n and iraiil i'm thlr t n of ive vyeiIs, vested
an,; chlirpgeti un% h ti ri"i!h aun; d ll; s dla'l said.
'.it 1'u thlii I f-lnteti, hat it bh.ll :- unilawv'l for Njoiher toba
any p -rson or corporation wbhatot'ver, to es:a;ll h oi klep,, trry kent within.
Itin t''i v iii'Ls of th" fii y f y this a 1 proid:u;- fb i. unt 's the i iies.
sau;e i;, oi ils or it, exclusive use, and4 not to the pu.-puts: of
gatheri a toll.
Se 9. nd be it further enhated, Thal said corporation
shall at all times have and keep in oud'rj. l. a fl. o; suii. it ~ffcient fl
dimensions, to carry across said river a loaard :..- aud it to be kept.
shall le entitled to receive toll at s'id ferry: at ~i SLc r;a.-, and
shall be subject to sueh regulations, as maybe e-t A-il d by Toll
the county court of the county of Alachua, or the Lei-itive
Council. and also,thabt h6e Legisltive ( ouncl shall have pow-
or to alter,and amend or repeal this act when they aeei ptopei.
Passed Jan. 27, 1832.
AFPROVED Feb. 2, 1832.



No. 16. An ACT taauthor;e the-sale of the real estate of Alexander
Adair. deceased.
Be it enacted by the Governor and Legislative Council of the
Territory of f lorida,y That it shall and may be lawful for Eliza-
beth IW. Adair, widow and admini tratrix of Alexander Adair, Admr'x. au:
deceased, to sell and dispose of the real esit s~i. said decedent, thoritsed to sel
or suchpart thereof as shall re sail after the estate shall have alestate
been settled, to the use and benefit of the-inat t heirs of said
decedent, and that all and whatsoever tit l d, Pddl and bills of
sale F-xecuted by the said administratrix in virtuei6' this act, hall
be and the same are hereby declared to be as vaid and effectual Deeds thereC
as if the same had been executed by the said decedent in his life for
time.
bec. 2. Be it further enacted, That the spid administratrix
before proceeding to avail herself of any of the provisions of this
act, shall enter, into a bond payable to the Governor o,' this To give bond.
Territory, aid his suli'essors ii office, in such sum and with
such surety, as the presidingjustice of Leon f our.tY shall deem
sufficient, conditioned fir the proper application ot the proceeds
of the sale heresy iuthori-ed.
Sec. 3. And be it furthi r enacted, That all persons in ured
by a breach of :aid ;ond may, and they are hereuy authoricc: Saits on bond:
io siie upon the -sme.
Pa,-sed Jan. 36, 1832.
ArPPRovEVBXFbo3 Sip







t 1!61
N'o. 17. An ACT to establish the rae of Pilotage forthe St. John and Nas
sau -iixer.s.

Be it enacted by the Governor and Legislative Council of the
age estabtis- Territory of Florida, ht the .ol'owi.tg fees and rates of Pilot-
ed- age, oe allowed to any duly authorized pilot, piloting and cotn-
dui tig a vesse-l over the Mrs of the St. John or -Nassau rivers:
to w,-For ever foot of witer -aid vessel may draw, !I\. .ol-
lars per boot, and for ever- !ay said pilot n;;y he d&tjiued on
board -aid ess-i, at the request of the nmatel or owner or naid
vessel, two dolais pr day.
Sec. 2. Be it turth-r enacted, That when any ves.tel bound
to the ports of the livrs -t. Johns and iNa;iu, shah be hailed
.esqel shall or spoken by any pilot of the rivers aforesaid, before said ves el
take pilot or has crossed the bar, and'said vessel not having a pilot on board,
ay one half shall refuse ti take o0 receive said pilot, so hailing or speaking,
he shall be entitled to demand and re: eiv' :rom the owner, mas-
ter or consiogne of said ves,.l, hal; the rate or pilotage (r fite,
as i; said pilot had been taken ind received on board -aid vee-
sel.
Sec. 3. Be it furtherenacted, That when -ar.y vessel out-
ward hound, anti about to -aii -r in the rivers St. Johns or Nas-
sau, -hall refuse to receive and tak,- on board a duly autbori.ed.
Yessels out. pilot of aid rivers, such vce:', 1, master, o- ner or oon.-gnee,
ward bound, thereby sh:dl -e liable to pay the pilot .o tendering his services
amearule. as pilot, to s;id v-ss.l, 'ne half the rate of pilotage which is h re-
by to -e demanded, as if said vessel had been actually plated
and conducted roin -aid river-, by said pilot. "
See, 4. And be it further e-nacted, hat all fees and rates
of pilotage which may become due, be ano the same are h;lr by
Pilota:e reco- made recoverable before any couyt of record or ju-tice in this
verable. 'I territory.
See. 5. And be it fourth r enacted, That all ;'cts and parts of
arts. inconsistent with the provisions oi this act, be and the same
Tpeal, are hbii rep irpea;ld.-
Sec. 6. vnd he it further enacted, That this act shall be ii
full force, fiomr and after its passage,-
-Passed Jan. 30, 1i32.
APPROVED Feb. 2, 1832.



No. 19. AN ACT to prohibit our citizens from trading with the Indians.
and for other purposes.

Be it enacted by the Governor and I.epis!arive Council of the
Territory of lorid i hat hereafter, it Iball not be lawfil tor
any person or p rsons to sell, barter or exchange with, or r!'ve
Selling liquor to( alu Indian or Indians, any iuni, 1 hiskey, handy or 'th xr
ilae,, sij it,..;i s ;iq.:o v'd any p.-r, on offeii, iwn armin-t ithe piiv
si l'tl aitaw, shll, fo;esacand eveiy ffFIf btta11 to







[i7
be indicted and fined in a sum not exceeding two hundred dol- ,w pun .;
'Jars, or, whipped not exceeding thirtv-nint stripes. ed.
Sac;. 2. Be it further enacted, that if any negro or mulatto,
resident within the limits ot'the Indian Territory, be found with-
out the sam-, he or she shall hnd may be apprehended ;i;d ta-
'kon before any Justice of the peace of thisKTerritory, who shall Indian ne.
groes to keep
have power to order such,negro or mu)latto, to be whipped not within lin mi
exceeding thirty-nine ladfies;-provided however, that the .la% e
.or slaves of any white person or persons shall not be construed
to be within the me.aini of this act.
SE 3.1' \nd b,- it further enacted, That the act.entitJed an
t"anl act iegellating our citizens trading with the Indians, and
for other purposes.he.rein mentioned,passed January 22d, t881 Repeal ofa
L ."e and the same is hereby repealed. f 1831.
Tasstd Jan. 26th 1682.
ArrnO~i~D Ee(aEuary 3d, 183a,





Io. s9. ,Ai ACT cQncerning tle Tax Collectors.and Treasurers of dthi
x.. .* 'Territory.
Be i't glpt'bv he CGovernnr and Legislavye Council of the Tax eolldtom
Tcrritoi$'Flrida,\Thar the Ta4. collectors of the several Tax enk a-
counties of this. erritoN. 4alr ap iually if called on, make an htbittofl5
exhibit o ir pft iedfis a. lax colJeeto s, to the .Grand ,u- JiY, M c
.rit qe thefr retpeqtiver, illties.and shall op ,o -.efore the frst
day ,of December in each and every year, post up at the cottt-
house of their respective co ties, a fair:exhibit of amount'of
tlaxes.returned by the receiver O tax returns,: the amount actu-
all' 'doleceted by hirtrand paid into Ie Leryitorial-treaaury shew-
ing ile hIlanre of lax unpaid, and a Ie statem5pt and exhibit
of t al ,-,unty tax, and amount paid int o e oudie asuates of-
fici a1lo a10 other taxes bi him colloote o. included -i'hbe' And postopp
*retuns gf-'te Ar'eiver (f tax returns. giving e amens 6f each. m 't
,pernqi firorit-whnm it was receivedt for w tdflt-twl tid, anaqthe
4anount aq we~as the naine.o| the per onm' who have iled4t
pay their tapes.
Sec. 2. Be it furt er enacted, That the county treasurers of County treas-
'th .everaLotirunties otfl literritory, shall also, annually make urers tomakd
to he Grand Jury of their e-pective counties, a correct state- exhaibi' t
mn nt of all their proceedin as county treasurers, theampunt
of nomies received by them, t amount of theirdisbursements,
t6e nount ot funds in bind, an e amount ofolaims; (if any)
4,. t the coutvy-atid hall on o cibre-lthe :th day of ,De-
i:r, in each apd everyyear, post at the court-house o s-t cop P.
"Ir e do 4 No*e v cl'edprceedime -gh

a









all the moiles%',ilimrneceived, from whom, what for, aao the
amount; and on the other to whom paid, ,mn what account, and
the amount, striking a balance, shewing the amount due to or
from the county.
Penalty for'; Sec. 3. Be it rather enacted. That if any tax collector or
neglect,, treasurer shall neglect or refuse to Afomply with the requisitions
contained in this act, f-th defaulting collectorr or treasurer ,-hall,
cn presentment of the GX d Jury, aV on conviction thereof
before the superior court of his county, be fined in a sum of two
hundred dollars.
.'P;ineligible .ec. 4. Be it further enacted, That hereafter, it shall not
to office of be lawful for any justice of the peace in any county of this ter-
teasurer. ritory, to hold or be appointed to the office of county treasurer;
and wherever the said office of countyy treasurer is now held by
any person who is a justice of the peace, it shall be the duty of
the county court, at or before its first term, after the passage of
this act, to appoint some other suitable person to the office of
t)-asureras aforesaid, but the present incumbent shall in the
n ..an time have all such powers, and be subject to all such du-
ti-s, as it this law were not in force.
Sec. 5. Be it further enacted, That the tax collectors in th
lonsd of tax sc-reralpountties in this territory, shall give bond with 'sufficient
bllectors; security, in the sum of two thousand dollars, for the faithful per,
formance of their duties.
Fabsed Jan. 28, 1832.
APPR VED Feb. 4, 1832*



SNp; 20. An ACT to organise and regulate the Militia of the Teritory a
Florida.

Be t enacted by the Governor and Legislative Council ofthe
formal T'ir.. ry of Florida, That every able bodied free white mate in-
duty. hai;.- t of the'Tirirtory, between thtges of eighteen -and for-"
ty .fif've'ar"s, who sh'&iflhave resided in.-e same four weeks in
ti u"ot ieate, and ten days in time of war, shall be liable.to be"
enrolled and perform miliii~ duity; judges of the superior courts,
U.' S. marshals, district attorneys, judges of; the county,courts,.
justices of the peace, sheriffs, clerks, pest masters, mail c t-".
Eixeiptions. riers, feriymen, clergymen, teachers of public seminaries, and"
keepers of public jails, are hereby exempt from doing militia
duty in time of peace ; but in time of war, or an insurrection or
revolt are liable to perform militia dufy, except such as are ex-
empted by the laws of the United States.
Sec. 2. Be it further enacted; That the militia shall be or-
Otganization ganized intotwo Brigades, tenRJegiments and twenty Battallions,
-into brigades, prd into tive companies for each Battallion: The militia west
pmeon93ab of the Suwannee shall conrpose the first Brigade, and east of
ruon,Mt5 *said zri. the second Brigade. The first regiment shall be com-
,prised of the milttia in the county or~Eacambia; the second of







191
St. Johns and Mosquito ; the third of Jacksn,; the ihnrth of
JDuval and Nassau ; the tifth of Gadsden: th iixth ot Alachua;
the seventh of Leon; the eighth of Washing n and 'Walton:
the ninth of Jefferson, Madison and liahniltoi ind the tenth of
Monroo.
Sec. 3. Be it further enacted, That it shall be the duty of Duty of cok
the Colonel of each regiment, to subdivide the same into two to sub-divide
Battallions by a line leaving the proportion of men, as nearly regiments.
equal on each side as may be ; and he sAall commuutate the
same to the Lieut. Colonel and Major, and shall assign to each
his battallion in writing, whose duty it shall be to subdi,: le their
respective battallions into five equal parts, leaving aneqvil num-
ber of men in each, as near as may be, which subdivisions they
shall communicate to the captains of said districts for ineir in-
formation, in enrolling the men.
Sec. 4. Be it further enacted, That the Governor and Corn- Governor's
wanderr in Chief of the militia, shall be entitled to the following staff.
Staff Officers; an Adjutant General, and one Quarter Master
General to rank as Colonels, who shall reside at the seat of
Government; and four Aids-de-Camp, to rank as Lieutenant
:Colonels.
Sc-. 5. Be it further enacted, That the Brigades respect Officers
ively, siall be officered by one Brigadier General, assistant ad- brigade.
jutant General, Brigade Inspector, Brigade Quarter M ,I-ter, and
two Aids-de-camp, to rank as Majors. The regiment.; -espect-
ively, shall be officered by a Colonel, Lieut. Colonel aitd MIa-
jor-the staffbf each regiment, shall consist of an Adi:jtant to Ofregiment:
rank as Captain, a Quarter master and Pay master to ,ank as
first Lieutenants, a Surgeon and Surgeon's mate, Sergeant ma-
jor, Quarter master Sergeant, drum maior and fife major-the Of companies:
companies respectively, shall be officered by a Captain, first,
second, and third Lieutenanit, four Sergeants, four Corporals,
and a drummer and fifer.
Sec. 6. Be it further enacted, That the staff officers of every I Appointment
gride, shall be appointed by the respective'commanders, that is of staffofficers
to say, lt.uthe Governor, Brigadier Generals and Colonels, shall
appoint their own staff; and that Captains of companies shall Warrant offi-
appoint their non-commissioned officers by warrant, who shall cers.
serve two years, or pay a fine of twenty dollars on refusal to do
jo, unle-, they remove from the company.
: .Se. 7. Be it further enacted, That the following rules shall Rules.
govern the militia.
Rule 1. Every commissioned officer before he enters upon Ouith of cf
the duties of office, shall take an oath or affirmation, to support cees.
the constitution of the U. S. and faithfully and to the best of his
abilities, execute the duties enjoined by his commission, which
oath or affirmation shall be written on the back of the commis-
sion, signed by the officer and attested by the person adminis-
tering the same
2. &ap rc ise prescribed ky the laws ef the U.*







1203
Drill of mili.
ill o miS. for the government of the army thereof, shall be adopted by
the milti of thi? Territory.
l'nifqm.' 3. 'i'he uniibrm of the officers, shall be similar to that of the
2t. army of the U. S. :
Equipment of 4. In the equipment of a private, a musket, rifle or shot gun -
private. ., shill be indispensable-Provided, lie be the owner of either.
tRol eall 5. At each muter the roll hall be called, and all delinqnents
S.-, 4 reported to the proper officer. '
4Odrsi tO be 6. Brigade, Regimental and Battalion orders, shall be givers
givei in wri- in writing, a copy of which must be kept by the proper officer. *
S7. On tours of duty, a private may be represented by atg.a-
Iubstiate. ble bodied substitute, but on general requisitions, substitutes
shall not be admitted to the prejudice of the service ; tours of
Toursofduty. duty shall be limited to the period of six months, but volunteer
corps may be made to serve for the whole time they stipulated
,*"' '. on, when mustered into service.
Aid to.l"0il 8, The militia shall aid the civil authority, on a written re-i
authrt quisition of a civil officer, specifying the object, and which shall
seem reasonable to the officer applied to.
In case of in- 9. If a sudden invasion or insurrection-shall tfk'e. place, or
.yasion, troops be made or threatened on any portion of the Territory, the corm-.
ow ordered manding officer to the rhilitia or any portion thereof, adjacent
S thefeto, shall be and he is hereby authorized and enjoined toor-
der out the militia under his command, to repel or supplies the,
same-aid the -roops taus ordered into service, shall be subject-,
Sto and be governed by the rules and articles of war, prescribed
for the'government of the U. S. troops: and ttht said officer
shall forthwith report the same to his commanding Officer, and
to the executive by express. "
Militia in ser- No officer, non-commissioned officeror private, shall be
vice not liable arrested by any civil process. whilst attending any muster, court
.to arrest in martial, or whilst on actual service, or whilst going to or returtan
civil cases ing therefrom, and any arrest or service of process, or exeClt.:.
tjion,onitie person, at such time, is hereby dclarrl 'false in.-:
shall 5 B pa pliarmnent, except for treason, felony or brea, 1 o: the' pieaoe.
tol free. and ail persons on s.jcb service a' above nrnined, shall pass 'alls
.1 4-," .. bridges and ferries free ofa expense., .t~i
Ar~r J I 11. i he arms and various accoutrements" kept'by themilii.
froi, ti,. and used for militia duty, shall te exempt from e'tcution''.
tion, under civil pteeess. -,,
Insuboidina- 1.2. Breaches of order, subordination or obedience,,to the
tion how pun- militia laws on muster or other duty, shall be taken notice of
ished. forthwith, by the proper officer, and arrested and reported to the,
commanding officer, who shall order a court martial for their
trial, or fine them in any sum not exceeding twenty dollars.
Interruption 13. Any person or persons, who shall by disorderly or riot-
f militia o ous conduct, interrupt the militia whilst on Muster, court mar-
dutyA tial or other duty, he or they so offending, shall be arrested by the
proper officer or president of the court, and be lined in such
auggpgki, court martial ordered for hiu ort heatriil, may -see









-'roperto assessprovidd. the s'm ie does not xceedtwentv dolhrs.
14., In the piocee(dingiof 'li court mIortalit It voie o a Proceedngs
itihatritr, of the members, shall be necessary to sjbistantite a of courts mar
sentence of guilt, and they th wardd a punishment according tial.
to their estimation of the criminality of th, accused.
15. Allpersoni against whom charge shall be preferred,
shai have du,- notice there of, either writtt or printed, setting Noticeof ace-
forth the specific accusation and the name if witnesses, it any station.
are necessary. All field officers and their tffshail have twern-
ty days notice, all other officers ten days r. ice, and non-conN
misstioned officers and privates, tive days notce, except often-
ces, breaches of the peace, insubordination and other unsoldier*
like behaviour on muster, in camp or other duty, when the prop-
er officer may arrest and the commanding officer detail a court
martial forthwith for their trial.
16. In all courts nm rtial, the office highest in rank shall
preside but if there be two or more of the same rank of the Presiding ofiLr
highest'grade, the senior in commission shall preside, and the c. rs of court
junior shall be recorder; and he shall certify -the decision of martial.
.the court, and shall cause the same to be submitted to the offi-
cer ordering the court, which, if he approves, shall be consid-
ered final, if the same shall designate the punishment of cash-
iering; but for a tine only the recorder shall hand it to the
proper collecting officer to make the tonev.
17. The presiding officer of court. -jartial shall be sworn by
a member of the court to form his opL. in to. the best of his un- iMembers o'
derstandingi-'and to render his judgment> without .partiality, ift- court to be
var or affection ; and similar oath stL.l be -administered by sworn and
the president to each of the other members. The president or ow.
rer.order on swearing the witnesses, shall swear them to speak
thMtrath, the whole truth, and nothing but the truth; and the
president shall have power to issue subpoenas to compel the Oath of wit'-
att id itue of witnesses, and to serve such summons, by such scout. re
person as he may appoint and desi-gate, and said witnesses
shall gi e their attendance, or pay a fine of hot more than fifty Subpoenas.
,dollars, at the discretion of the court martial.
18. All courts martial convened for the trial of delinquents
shalt be composed of the following ratio of commissioned of- Courts mar-
ficers :-For the irial of a Brigadier general, Colonel, Lieut. tial, of wh'-
Colonel or Major, not iess than five i ,r more thanthirteen field officers com-
officers; for the trial of the Governor or Brigadier Generals' pose.
Staff, not less than th'ee nor more ti-.;n seven field officers.
for the trialtof any other commissioner, >r staff officer, not iess
th in three; fbr the trial of non-comiussioned officers and pri
vat.'s, three commi-ssioned officers.
l1. Where a sut'icient n m.)er of officers cannot be had to er fr
form a court martial in any 1,: i Iade, IR i ent, :att:v: iln ;l other r i.
cc inDany, the oiticer orderinl t:. :.;,", d!;. i det ;-.ii th: ments
aU( .-nllt l- rii complete the said Court martial. 9









Penal. 20. All officers detailed on Courts martial shall give their
fOn non-aiUeu- attendance, or pay a fine not exce"-ding one hundred dollars,
dance, unless they satisfy the officer ord-ring the same, that causes
beyond his or their control preve:tLd their attendance, which
cause shall be made known to the officerr ordering the same, in.
Election of time to detail another officer.
field officers to Sec. 8. Be it further enacted, That where any Regiment
'ihelhd. failed or refused to organise under the .aw passed November
19, 1829, it shall be the duty of the Brigadier General com-
manding the same, to order an election to'be held in the samer
to elect the field officers on the 3v. Monday in May next, which
Persons to order shall be published in the nearest newspaper to said Regi-
hold same, to ment, and it shall specify such pc: ons as they may appoint,
be appointed who shall also have a written ordeal ) hold said election, orpay a
y b fine of fifty dollars each; and it siall be their duty to hold said
election and make returns thereof, under such rules and regu-
GQualification lItions as are prescribed for governing the election of civil offi-
froters. cer of this Territory-and all men above the age of eighteen
and under forty five years, who reside within tne said Regi-
ments, shall be entitled to vote, and the persons having the
greatest number of votes shall be the persons elected. ...,
Regiment and Sec. 9. Be it further enacted That if any regiment shall
companies re- refuse to organise under the 8th .cti6n'of this act, by the 13th
fusing to or- day of 'June next, then they shal ie attached to the nearest or-
ganize.. ganize'&cgiments in said Brigr le, and shall compose part.
thereof, and perform militia duty therein; and any company
who shall fail or refuse to organist when ordered to" o so, shall
be attached to the nearest organized company, and perform mi-
litia duty as part of said company. *
iecld officers See. Be it further enacted, That if said regiments
to serve five
years. should elect their field officers, it shall be their duty to sery
two years, or pay a fine of five hundred dollars each, unless in
cases-of death or removal therefronm-and it shall be the duty
Vicaries in of tde commanding officer of each Battallion, where hbire are
companies, to vacancies in any company, to order an election to fill the same,
befilled by by ippointing two person to hold said clotion, whoashall make
lection.. returns thereof, under such'rules and reguTanons an .are prescri-
bed for'governing the election of cmnl offi'eorf mI th s Terriitory"
iPersons ele-athe persons appointed shall h,,,d said'"ekections, or.p-y. a
ted to serve 2 file Df twenty dollars each-and the person having the greatest
years. number of votes shall be elected, and shall serve two years, or
pay a fine assessable by court martial, except'in cases of death
or removal from said company, which fine shall not exceed one
hundred dollars.
noticee ofelec- Sec. 11. Be it further enacted, That it shall be the duty of
tieo. e the persons holding the elections in the various districts allot-
ted for Captains' companies, to give ten days notice thereof, at
three of the rin..-i ,.il.. places in said distic t.
omminsions, Sec. 12. Be it further enacted, That ail military commis.
ni7ow W.j4byy first sergeant, (except staf'fofficers) shiall emanat









frem the Governor, countersigned by the Adjutant Qeneral.
Sec. 13. Be it further enacted, That after the 3d Monday reanes l i
in May next, the following rules and regulations shall be observ- field officers,
ed in filling vacancies of the following named officers. how filled afE
1. When any vacancy shall take place in the office of any ter May net.
Colonel, Lieut. Colonel, or major of infantry, it shall be the
duty of the Brigadier General commanding the same, to order
an'election to be held at the several precincts in said Regiment,
by appointing three persons at each precinct to hold said elec-
.tion, who shallbe qualified, and shall open polls, after giving
twenty days notice thereof, and shall keep them open from 10
A.'M. until 4 P.M., and then the votes shall be counted, and a
certificate made out stating the number of votes received by
each person, and the same shall be forwarded to the officer or-
dering the election, within ten days thereafter; and it shall be
his duty to count the votes, and to forward a certificate naming
-the person elected, to the executive, who shallissue a commis-
sion thereon.
Sec. 14. Be it further enacted, That where any vacancy Vacancies 'in
shall take place in Captains, 1st, 2d or 3d Lieutenants com- how ntPae
missions, the Colonel, Lieut. Colonel or maior, shall appoint in
a reasonable time thereafter, two fit and proper persons, within
the said company, to manage tiro said election, who shall hold
the polls at the usual muster ground, from'llI A. M. until 3 r. t.
after having given ten days not :;, at two of the most public
places in said company, and on the same evening, the managers
shall count over the votes and declare the person elected in a
certificate directed to the office orderingg the same, who shall
forward a certificate, naming the person elected to the Execu- Teri ofcoin-
tive, who shall issue a commission thereon; and that all offi- missionofconr
cers now in commission, or that may be hereafter commission- pany officers.
ed, shall hold the same during good behaviour, and shall not be
permitted to resign in less than two years, unless they remove
from the Regiment or Company district.
SSec. 15. Be it further enacted, That vhen any person thus Penaltyforre-
"apointed to holdi.elions in Company districts, shall refuse fusing to hold
or fail to do so, he or they so offending, shall be fined in a sum election.
not exceeding twenty dollars, at the discretion of the officer or-
dering said election, and said fin- shall be collected by the prop-
er officer.'-
Sec. 16. Be it further enacted, That there shall be compa- Company
ny musters held in each company in each regiment in the Ter- musters.
ritory, on the 3d Saturday in July in every year.
Sec. 17. Be it further enacted, That it shall be lawful for Militia wIhe
the Governor to call the militia into public service, whenever into service.
he may deem it requisite for the public safety ; and it shall also
be lawful for the Brigadiers Generl, Colonels, Lieut. Colonels,
Majors and Captains to order Brigade, Regimental, Battallion LNustersofth
and Company musters, whenever they deem it beneficial to the
service.
69. 1U. Be it further enacted., That sbeuli any *Awuv







fr41

Soccer failing eommandine any E.igade, Regiment, Battallion or company,
't&,, '. -y tli' fail or refuse to cal into effect the provision- of this act, in
ar ia.i- efft c!, consequence of th .!eath, resignation, absence or incapacity to
text in grade do so, then the sen otticer n commission in said Brigade,
oac. BRegiment, Battallir or Company,shall act in their stead, and
if they should relusr >r neglect to act, the next officers in grade
and so on, sipll act.
Notice ofbrig- Se 19. Be it'further enacted, That when any brigade muster shall
ademuster. be.orderedlunder the 17th section of this act, it shall be the duty of
the officer ordering the same, to give thirty dass notice. That
alr entaf when any Regimental muster shall be ordered under said act,
the officer ordering the same, shall givi. twenty days notice; that
.Battalion when any battallion muster shall,be ordered, it shall be the duty
muster. of the officer ordering the same to give ten days notice; that
S when any company mustet shatl be ordered, it shall be the duty
d mpasy 'eF the offer ordering the same to give five days notice, except
the regular day of muster pointed out iy this act: Provided
nevertheless, that n.ny of those officers may order out the mutia
under their cornnr ,nd at a minutes warning, in cases of invasion
or. insurrection... -
Brigadier gen- Sec.. -0. Be further enacted, That it shall be the duitv of
eral to be ar- the Goveinor to. -est the Brigadier Generals for neglect of."
rested forneg-
lect ofduty. theirduties as pol-ed out.in this act, and to detail a court
S" martial fortheirtrial. .'
Dutiesofbrig- g -c. 21. .-Be it further enacted, That it shall be the duty-of
adiers gener-
rs ner- each Brigadiir General to see that each ofhis regiments re or,-
ganized agreeably to this act, and to see that the proper o4oficer"
mnake their returns in due time to the Adjutant General, through
him as specified and agreeably to form, and to arrest such -field
officers tor neglect, and to detail a court martial forthwith for
their trial.
Duties of olo- ec.. 22,. Be it further enacted, That it shall be the duty-of
nita. the Colonel ofea,.:hregimnedt to see that every company is duly
.,organized, and that the Captains and Acjutants mnake this:return
,in due time agreeable to storm ,to the .piper officer; and to ar-
rest auCh officer for negle I, and, to detif a kurt maria I f'c;'h-
Ofcaptainq.i~ with for-tbeirtlai. And it shall be the duty ofeaoh:Captaiin .4t
wse that his on.pany is duly organised, and to arrest such off h-
prasand private. st shall-neglec-their duty, atid detail-a couot
martial for their ial.
Duties of the i.EC.. 3. Be furtherenacted, Thati shallbe theduty ofthe
adjutait. Adjutant of each regimentto keep a book in which the names of
all Captains and Lieutenants shail be .registered for each obm-
Companies pany; the eldest company shall be known as company A., the
how designa- second as company B. and he shall make his return in due time
ted. agreeable to term, F-d report such captains astfail to make their
&etums of returns in due time.
capains, of SEC 24. be it i their enacted, That the returns of strength
S *. .gpd equipment shul .e rimae by captains of companies res-
pectively, agreeqie torm in five days after the company mus-
ter on the 4d taiurali -ia July in -every year and bhey shall









transmit them to the adjutant forthwith, who shall 'within ten Return o,
days after the receipt of the same, make his return agreeably to Adjutant
form and forthwith transmit it to the Assistant Adjutant Gener- general.
al, who shallwithin ten days after the receipt thereof, make his iReturns of
return agreeable to form, and transmit it to the Brigadier Gen- brig. gen'l.
cral; and if hb shall approve the same shall countersign it, and
within five days, transmit it to the Adjutant General, who shall Rt"trns
on or before the 15th day of October amalgnaate the Brigade d't.e.
returns agreeable to form furnished, and transmit it to the Adju-
Stant General of the U. States. -
SEC. 25. Be it further enacted, That if any Brigadier Gen- F"aies h'ndto
eral, shall refuse or neglect, to execute any of the duties assign- imposed on
ed to him in this aat, he shall be fined in a sum not exceeding officers, no01
five hundred dollars or be cashiered at the discretion of a court col"m"ssione"
martiali-and if any Colonel, Lieut. Colonel, or Major, as well of privates, a
the staff as of the line, shall refuse to carry into effect any" of ineg~ce ofi~':
the duties assigned to him, he shall be fined in a sum n6t 6x- ty.
ceeding three hundred dollars, or be cashiered, at the discretion
of a Court martial. And if any Captain, Lieutenant or regimen-
tal Staff officer, shall refuse or neglect, to execute any"'6f the
duties assigned to him, he shall pay a fine not exceeding or
hundred dollars, or be cashiered, at the discretiontbfa cou:
martial; and if any non-commissioned officer refuse: or neglect
to perform the duties assigned him in this act, he shall pay a
fine of not more than twenty dollars at the discretion ofa court
martial; and if any private shall refuse ornheglect to perform the
duties pointed out'by law, he shall pay for every such offence a
Ssum not exceeding ten dollars at the discretion of a court mar-
tial. -, ".
SEc. 26. Be it further enacted, That the Adjutants of each Duties of tll
regiment shall collect all fines assessed in regimental court's or the 'adu-
tant in rein-
martial on an order from the President of such courts, contain- nation to the
ng a particular: account of the amount ofall'fines, how and collection oi
when-ihicrred, aid the names of the peisons'against whom the fines'
si ne are assessed;Afnd shall give bond with sufficient security
to the'Co0tioels, that they will faithfully pay over all fines col- Shall give
Jectedb)y them, t6 the pay master of their respective regimentisbond and se-
'taking their'diuplicate receipts therelor, one of which, receipts curity.
"'he shill transmtracf tthe Brigadier General, and the adjutant is
authorised andhereby required, under the penalty of twenty
dollars, to eCll on every delinquent named in said warrant; or in
a schedule or list, to the warrant annexed, and to demand pay- Compensm;
ment for said fine or fines and on refusal to make payment for the tion.
said fine or fines on demand thereof, the adjutant having the a-
foresaid warrant, shall proceed to collect said fine or fines, and
shall be entitled to such costs as are received by Sheriffs on ex-
ecutions, beside ten per cent on tho amount collected.
SEC. 27. Be it further enacted, That the Orderly Serjeant's
fo each company, shall collect all fines assessed in company
courts martialonr an order from the PresideoPtmf- tlicourts,
%" "-:-? D "







R26]

Duty :of or- containing a particular account of-the amount of all fine, hio--
derlyserjeat's and when incurred, and the names of the persons against whom
tocollectfines they are assessed; and shall give bond with sufficient security,
assessed in to theircaptains, that they will faithfully pay overall fines collec.
Ccoupany ted by them, to the paymaster of their regiment, taking his dupli-
cate receipt therefore, one of which receipts he shall transmit
To ive bond to the Colonel of his regiment and he is hereby bound under
and security, the same penalty of the Adjutant to make collections, and is to
collect inthe same manner, and shall receive for his services
the same compensation as is allowed to the Adjutants of regi-
Compensa- ments.
tion. ments.
SEc. 28. Be it further enacted, That the pay master of each
regiment shall give bond and security to to the Colonel, or com-
eay master manding officer in such sum as he may deem sufficient, to pay
of regiments
o give bond. over to the field officers of said regiment all the monies he may
collect, when a majority thereof; shall give a written order
therefore, signed officially, reserving to himself five per cent for
collecting and paying out; and it shall be the duty of said pay
master to report quarterly to the Colonel, agreeable to a form
duties and furnished, the amount of monies on hand, under a penalty of not
compensation more man twenty dollars for each offence, tobe assessed by a
court martial.
Military fund SEC. 29. Be it further enacted, That all monies paid into
the hands of pay masters, shall remain there as a military fund
for the various regiments, until a majority of the field officers of
Dutiesof-oth- each regiment shall agree to dispose of the same for the purpose
er officersnot: of purchasing colors, drums, fifes and other military accoutre-
specified. ments for the regiment; distributing the same as equally as jus-
tice may require amongst the companies.
SEc. 30. Be it further enacted, That all the officers not
specially mentioned inthis act shall perform their duties respec-
tively agreeable to custom in military bodies, or agreeable to
the regulations of the army of the United States.
repeal'gclause Sec. 31. Be 2it further enacted, That all laws and parts of
laws heretofore passed for the government of the militia are
hereby repealed.
rrRassveb. 1,, 1832.
ArrROVEB Feb. 4 1832..



















I do hereby certify that the above is a correct representation of the strength and equipment of
company in the regiment of Florida militia on the day of 183
J/. B.
Commanding.









ilpi _________.^1E Y ,
.. ..- li H1 H.ii i
ttn






J. B. adjutantt.
of the Regiment
*f Florida Miilitia











I I 3
,3 ~ ~ ^ B o- o .2 <-
S5-' S I ^ .i *: .
in d L a! r'r o t
*3 Z x ca;s r: ^ i "c *
r/ ,5 ** =- -* ; t ^g^ ^ _..J


. i i s .11 1 "
I t I 1 1 a *;


I do hereby certify that the above is a correct statement of the strength and equipment of lhe
S Brigade of Florida Militia on the day 183 ,. B.
Assistant adjutantt General
of the Brigade of Florida Alilitiu
I have examined the above return, and fnd it correct and approve it.
Jl. B.

Brigade General,


Brigade of Florida Militia.


y
K~l IiS
oC rA
>;~
0 --
* -


_!:
1;
-. E
= i 0
s: n
.-: a t


J 11 I II L IIH


.. ;of the


I-


-I


a p


I









A. B. Paymaster
To the Regiment of Florida, Dr. Contia. Cr.

1832 13 Dolls. ;3t.s.
To cash received of C. D. Adjutant to said To balance due the regiment,
January. 10 Regiment for fines collecrtd toi this quarter 35 00 March, 31 80 00
Feb. 6 to said Regiment, for fines collected this Q4r. 4 00
|T cash received oE. F. Orderly Sergeant 8_ I0


SIR-Herewith you have my return for the quarter endiiig on the lst.oJune 1832, which you will please to acknowledge the reuc it of.
Col. G.H. A. B. Piyliauer
Commanding
the Regiment, Florida Militia.


A. B. Paymaster,
Tb the R.eainent of lorida. Dr. Contra.


I I~ : ?lAlls. Gts. i
April 1 To balance'due the regiment last quarter, 80 00 June T By'cash paid J. R.& M. Field 0- --
To cash received of C.D. Adjutant to said regi- icersin said regiment as per order. o o
ment for fines collected this quarter - 0 00 i .
M ay 10. 11 0 () G
.^ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~o Oo-. ** ^^*a" '~ ^ '."*..'.. '00


SIR-Herewith you have my return for the qurter ending tf60lh Ot 1832, hiyou iplle t acenowiedge the receipt of.
4ol G. 1H. Commanning ? A. B. Pa master
t-U Regiment of Floridt Militi4 '







r$1n

No. 21. An ACT to amend an act entitled, an act to raise a revei*.
ue for the Territory of Florida.

Be it enacted by the Governor and Legislative Council of the TaxonbilliaW.
Territory of Florida, That from and after the passage of this tables.
act, there shall be assessed and collected, an annual Territo-
rial tax of thirty dollars upon each and every Billiard Table, set
up and used for playing upon in this Ferritory.
Sec. 2. And be it further enacted, That so much of the act
entitled, an act to raise a revenue for the Territory of Florida, Repealing
passed 20th Nov. 1828, as is repugi!ant to or inconsistent with clause.
the foregoing section, be and the same is hereby repealed.
Passed, January 31st, 1832.
APPROVED, February 4th, 1832.




1 o. 22. An ACT to amend an act establishing a ferry over the Stwan-
nee rivei.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That so much of the "act to establish a Part of act of
ferry over the river Suwannee," approved December twenty Dec. 28,184,
eighth, one thousand eight hundred and twenty four, as subjects repealed.
the said ferry to such regulations as may be established by the
county court of Alachua county and the Legislative Cou'lr-
this Territory, be and the same is hereby repealed.
Sec. 2. And be it further enacted, That from and after the
passage of this act, the sad ferry referred to in the first section Ferry, how
of this act, shall be subject to such regulations as may be es- regulated.
:ablished by the county court of Alachua county.
Passed February 1, 1832.
APPROVED Feb. 4, 1832.



No..23. An ACT concerning Soldiers and Seamen.
Be it enacted by the Governor ana Legislative Council of the Penhaly for
Territory of Florida, That no person within this Territory shall selling liquor
sell any drink or intoxicating liquors to any soldier, seaman or to soldiersanm'
marine in the service of the United States, without permission seamen.
\n writing from his or their respective commanding officer, un-
;~or penalty of not less than five, nor more than twenty five dol-
liars, to be paid for the use of the Territory.
Sec. 2. And be it further enacted, That if any person or Penalty
persons within this Territory, shall purchase, barter or exchange purchasil
for any rims, ammunition or cotbing in the possession of any arms, cloat:
soldier, seamen or marine in the service of the United Statei,.A '.
such person or persons so offending, shall I odeil and nav the sr,









Penalties'how of twenty dollars: and the several penalties imposed by this act,
collected. shalli.e anl the sajneare hereby dec!aled to ie recoverable by
action of debt, bill, piaint or on information before any Judge or
Justice in the Territori, having jurisdiction of the same, one
half to the use of the informer, and the other half, or when there
is no informer, the whole penalty for the use of the Tenitory.
Passed Feb. 1, 1832.
APPROVED Feb. 4. 1832:




lo. 24. AN ACCT to provide for the collection of Judgments against free
nearoes and other persons, therein named.

Writ of Ca. -B it enacted by the Governor and Legislative Council of the
Sa. to be is- Territory of Florida, That when any person shall have obtained
sued on judg a judgment again ,t any free negro or free mulatto Indians except-
mnents agaiiist
iree negroes ed, residing within the limits of this Territory, it shall be lawful
andmulattoes. for any justice of the peace, or for the clerk of any court of re-
cord in which ;uch judgment rmay be obtained, to issue a writ of
capaa., ad sutsfaciendum against the defendant or defendants,
to said judgment, for the condemnation money in said judgment
adjudged, together with ail costs thereon taxed.
Sec. 2. Be it further enacted, That it shall be lawful by vir-
Arrest to be tue of any execution issued as atfresaid, for the officer executing
mede by offi- 'the said execution, andsuch officer is 'hereby required, to'levy
Cr. upon, seize and take the body of each defendant, against whom
such execution may have issued,& such defendant so taken, safe-
ly to keep until said execution is discharged and satisfied.
Sec. 3. Be it further enacted, That if any defendant in ex-
Ifexecution be ecutiou, tken as aforesaid, shall not pay and discharge the same
not paid, such within ihet'he term of five days from and after the time of levy-
person to be -":"
advertised & I. upon himn, her or them, of any such -xecution 'as aforesaid,
old. it-zsa. and may belawful for any officer rxe'uting and levying
such wrii, to advertise the sale of the services of.such defend-
ant ordefendants, to any person w'ho wif' pay and'discharge
stceh execution, with the .osts accrued andaaccrving, for such
services (fr the shortest space of time ; which said advertise-
ment shall be by posting at two or more public places in the
county where such judgment shall be rendered.
Sec. 4. Be it further enacted, That such sale shall not take
Notice of sale place before the same shall have been advertised ten days : it
by auction, shall be by public auction, at the time and place designated in
suchadvertisement.
When sold Sc. 5. Be it further enacted, That any negro or mulatto.
shall be bound sold as aforesaid, shall tor the time for which he, she or they may
a slaves. he sold, taken and held as a slave or lavess, and in all respects
liable to the same penalties and treattmtct, and bound to perform
any service which his, her or their owners may require in th4







[331

same mannnc as slaves are bound.
Sec. 6. Be it further enacted, That if any free negro or Penalty for
mulatto, sold for a term of time as aforesaid, shall runaway from running away
his, ber or their owner or owners, such person of color upon fromserviceof
summary complaint before any justice ol the peace, shall and master.
may be condemned to serve double the time for which he, she
or they, shall have runaway ; which summary complaint may be
made, and condemnation for more service awarded by any jus-
tice of the peace, as often and as long, as said free negro or mu-
latto so sold, shall continue to runaway.
Sec. 7. And be it further enacted, That this act shall be
in force, from and after its passage.
Passed Jan. 28, 1832.
APPROVED Feb. 4, 1832.



No. 25. An ACT to organise a county to be called Columbia-and for
other purposes.

Sec. 1. Be it enacted by the Governor and Legislative Coun- boundarylinec
cil of the Territory of Florida, That the district of.country,
bounded as follows, commencing at a point one mile north of
Francis Roman Sanches' plantation, at San Falasco, running
west to the Suawaqnee river; thence Up said river to the Geor-
gia line; thence along said line to the St. Marys river; thence
down said river to the moqut of Big ;,reek; thence up said creek
to its head, where the ,ame j intersected by,the western boun-
dary line of Duval county.; thence south along said line to the Gov'r. toap-
point where the same intersects the road from Picolata to Sua- point officers,.
wannee, thence westwardly along said road to the.point of be-
ginning, shall constitute a county to be called Columbia county.
Sec. .2. Be it further enacted, That the Governor of this
Territory be, and he is hereby empowered, for the protection
and administration of justice, in the county established by this
act, to appoint auch officers as he is,.or nay be authorised to ap-
point in the other counties of this Territory.
Sec. 3. Be it further enacted, That the inhabitants of said Election of
county be, and they are hereby authorised to elect such officers, other officers.
civil and military, in such mainer as is, or may be, directed by
law to be elected.j .ite several counties of this Territory: and
the officers thus appointqal or elected, shall hold their offices for
thbsame period, exercise the same powers, incur the same pen-
alties and responsibilities, and be entitled ;.o receive bhe same
compensation, as is, or may be, by law provided for officers of
the same station in the several counties of this Territory.
Sec. 4. Be it further enacted, That it shall be the duty of County court
the presiding justice of the county court, to be appointed by sc: sios o.
virtue of this act, to hold two tcrina of his court in each and
I-'







[341

every year, to commence at the house of John W. Roberts, d1
Alligator, on the first Monday in April, and on the first Monday
in October, until the permanent seat of justice be selected.
Selection of Sec. 5. Be it further enacted, That it shall be the duty of
seat of justice. the said presiding justice, at the first term of his court, (any two'
justices of said county being present and concuring therein,) to,
appoint three commissioners, inhabitants of said county, one
from the northern, one from the southern, and one from the mid-
dle, whose duty it shall be to select the most eligible and con-
venient situation for the county seat of sa.d county.
Sec. 6. Be it further enacted, That when the said county
Courts to be seat shall have been established according to the provisions of
held there, this act, it shall be the duty of said presiding justice to hold his
court at the place so established, and the clerk of said court shail
keep his office there.
If commission. Sec. 7. Be it further enacted, That if the said commission-
ersdisagree. ers, or a majority of them, should not agree with regard to the
most eligible situation for the county seat, then and in that case,
the subject of disagreement shall be referred to the county court,
whose decision shall be final,
Election dist. Sec. 8. Be it further enacted, That the counties of Alachua
and Columbia shall compose the eighth election district.
Superior court Sec. 9 Be it further enacted, That the place of holding the
Superior Courts for this district, shall be as heretofore, at New-t
nansville, Columbia county, formerlyy Alachua,) and that grand
and petit jurors shall be summoned from Columbia and Alachua
counties as heretofore, until otherwise established by law.
Transfer of Sec. 10. Be it further enacted, That all matters and things
county busi- heretofore referred to and made cognisable by the county court
ness. of Alachua county, shall be and the same are hereby referred to
and made cognizable by the county court of Columbia county by
this act established.
County seat, Sec. 11. Be it further enacted, That it shall and is hereby
for Alachua. made the duty of the presiding justice of the county court of
Alachua county, at the first session of said court, which shall be
held after the passage of this act, to appoint three commissioners,
taking one from the northern, one from the southern, and one
from the middle, whose duty it shall be to select a site for the
county seat of said county.
Report of com Sec. 12. Be it further enacted, That the said commissioners
thrmssoners shall report, to the saidpresiding justice, their determination at the
end of three months from the date of their appointment; and
should they fail to report within the time specified in this act, it
shall be the duty of the said presiding justice, at the second ses-
sion of his court, to appoint another commission, who shall se-
lect and examine for a site for the county seat of said county,
which commission shall consist of five, having regard to the
mode of appointment as specified in the foregoing section of
t~i act.









Sec. 13. Be it further enacted, That the place selected by
said commissioners shall be thefuture seat of said county, and Courts to ia
the clerk of the county court shall keep his office there, and the held there.
said court shall hold its sessions at that place..

Sec; 14. Be it further enacted, That the clerk of the county Transferofre>
court of Alachua, shall transferto the clerk of Columbia county, cords and pt-
all papers and records in his court, belonging to cases the parties peers.
in which shall reside in the county of Columbia, taking his re-
ceipts therefore; and the clerk of Columbia county shall note on
his record all such cases as may have Leen transferred from
Alachua county.

Sec. 15. Be it further enacted, That the present presiding Offeers to act
justice of Alachua county, shall continue to act until the expi- i the county
Jusic .where they r-
ration of his term of service, as such presiding justice for the ,id.
county of Alachua, as the same is hereby limited ; and if the
clerk, sheriff, coroner or county surveyor, who may be elected
on the first Monday in February 1832, for the county of Alachua
shall reside in the county of Columbia hyreby created; such
clerk, sheriff, coroner or county surveyor, shall proceed to exe-
cute and perform his duties as such, in and for the said county of
Columbia; and if any such clerk, sheriff, coroner or county
surveyor elect, shall reside in Alachua county, as the same is Vacancies tb
hereby limited, he shall in like manner execute and perform his be filled.
duties in said Alachua county; and the county courts of the said
counties of Alachua and Columbia respectively, shall cause elec-
tions to be held therein, to fill any vacancies in the offices.of
clerk, sheriff, coroner or county surveyor, which may be occa-
sioned by this act said election to be held on the first Monday
April, 1832.
Sec. 16. And be it further enacted, That until a county seat Temporary
shall be fixed upon in pursuance of this act, the courts shall be seat ofjustice.
holden at the house of John Dixon.

Passed Jan. 31 1832.
APPROVED Feb. 4, 1832.


2o. 2G. An ACT to prohibit the County Courts from levying-taxes in
certain cases.
Be it enacted by the Governor and Legislative Council of Taxon cat'~.
the Territory of Florida, That the County Courts in the several
counties of this Territory, shall not lay, assess, levy, or impose
any tax upon cattle within their respective counties, unless the
aame are bona fide the property of some person or persons re-
siding beyond the limits of this Territory.










Repealing
tlause.


Acts of Nov.
1829 and Feb.
13, 1831, re-
,pealed.


Fines to be
paid into trea-
csury.


-See. 2. Be it further enacted, That all laws and parts of
laws contrary to the provisions of the foregoing section, be aad
the same is hereby repealed.
Passed Feb. 1, 1332.
APPROVED Feb. 4, 1832.



No. 27. An ACT to repeal an act concerning the Literary Fund.

Be it enacted by the Governor and Legislative Council of the
Territory of Florda, That the act entitled an act to incorpo-
rate the President and Directors of the Literary Fund," approv-
ed Novemb-cr the 22d 1829, and an act concerning the IAter-
ary Fund, approved February 13th 1831, be and the same are
hereby repealed.
Sec. 2. And -be it further enacted, That the money received
under the said acts be paid over to the Treasurer, to be applied
to the use and benefit of this. Territory, and not for the purposes
designated by the said acts.
Passed Jan. 26, 1832.
ArPPovED Feb. 7, 1832.


No. 28. An ACT to amend an act authorising the laying out a road froa-
the Appalachicola river to Marianna.

Road to run Be it enacted by the Governor and Legislative Council of the
from Marian- Territory of Florida, That the said act passed 17th November,
natoAspalaga 1828, and approved 22d November, 1828, shall be so construed
as to authorise the opening of said road from the Town of Ma-
rianna to the Ferry Landing opposite the Town of Aspalaga,
being the road now opened and in use.
Passed Feb. 4th 1832.
APPROVED, Feb. 7, 1832.



No. 29. As acttoamend an act concelnirg patrols.

ncgiroeslavin'. Be it enacted by the Governor and Legislative Council of
fire arms to be the Territory of r lorida, That it shall and may be lawful for any
taken up. patrol of this Territory, to apprehend, or take up, any slave,
free negro or mulatto, found with any tire arms or other dangrr-
ous weapon, and take the same away from him or them: except
he or they be on their owners or employers land or plantation,
or in company with some white person.
2ec. 2. ie it lurther enacted, ihat any f: arms, or other









articles, so taken by the patrol, shall be delivered ver to thie Arms to LC
nearest Justice of the peace, or Captain ofthe district; and un- sold byJ. P.
less the same be called for within thirty days, it may be sold at
auction on some public day, and at some public place, and the
proceeds shall be paid into the county treasury for county pur-
poses; provided, ten days notice of such sale be given by one
or more advertisements stuck up in some public place in the
district.
district. Armns in negro
Sec. 3. And be it further enacted, That it shall not be law- houses.
ful for any slave, free negro or mulatto,.to keep or retain in his
or their house or houses, any fire arms whatsoever, except it be
by permission in writing from their owner, guardian, or over-
seer. And it is hereby made the duty of the patrol to search
negro houses, or other suspected places, for fire arms, and if to serchfor
any they find contrary to the true intent and meaning of this
act, may take the same to the nearest Justice of the peace, who
may proceed therewith as directed in a preceding section of this
act; and the negro in whose possession the same may be found,
on failing to give a plain and satisfactary account of the man- Nicro to be
ner he or they came possessed of the same, may be severally wpped.
punished by moderate whipping on the bare back, not exceed-
ing thirty-nine lashes.
Passed Feb. 4, 1832.
APPROVED Feb. 7, 1832.




No. 30. An ACT for the relief of Thomas Brown and Federick Weedon.
I
WHEREAS, A judgment hath been granted by the Superi .r Preamble
Court of law for the county of Leon, and execution issued
against Thomas Brown and Federick Weedon, as sureties to
a bond or recognizance for one George F. Chew,.charged
with a felony : And whereas, it hath been made.apparent to
this Legislative-Council that it is a case in which relief ought
to be granted-Therefore,
Be it enacted-by the,Governor and Legislative Council of the fDischarge1
Territory of Florida, That Thomas Brown and Federick Wee- zanc.c
don be, and they are-hereby discharged, released, and set free
from the force, effect and obligation of the said judgment and
execution,, as fully as if they had paid and discharged the same;
and the Govelnor is hereby authorised and empowered to issue
his process to the Marshal of the Middle District of Florida, to
that effect.
Passed Feb. 4, 1832.
APrROVED Feb, 7, 1832,







38J
No. 31. AN ACT (0 provide for the holding a special Term of the Sti
prior Court for the Middle District ofFlorida, in Hamilton county.

Special term Be it enacted by the Governor and Legislative Council of the
iii May next. Territory of Florida, That it shall be the duty of the Judge of
the Superior court for the Mliddle District of Florida, to hold a
special Term of the said Court in the county of Hamilton, at
the usual place of holding said court in said county, on the third
Monday of May 1832.
Passed Feb. 2, 1832.
APPROVED Feb. 7, 1832.



1o. 32. AN ACT in addition to the several acts relative to Roads and
Bridges.
Road tax in Be it enacted by the Governor and Legislative Gouncil of the
Escambiacoun Territory of Florida, That the County Courts of Escambia
county, shall have power, at their first session each year, to di-
rect the assessing and collecting of a road tax : Provided, the
same shall not exceed twenty five per cent upon the Territorial
Taxes now authorised by law-and no other subjects shall be
taxed than those made taxable by the Revenue laws of this Ter-
ritory.
Sec. 2. Be it further enacted, That said road tax shall be
lectassessed and collected by such person or persons, as may be
lld appointed to assess, and collect the Territorial taxes, and such
allowance shall be made for the services thus performed, as are
made for assessing and collecting Ihe Territorial taxes.
Sec. 3. Be it further enacted, That any person shall have
Commutation the light to commute his road tax, by supplying laborers to work
i.Laxby labor. on the roadsat such amount per day as may be determined by
the said county courts ; and the overseers of the roads shall
give certificates of the labour thus supplied, which shall be re-
ceived by the Tax collector in lieu of money.
Applicationof Sec. 4. Be it further enacted, That the tax collected by
funds. virtue of this act, shall be paid into the county Treasury, and
the fund shall be under the control of the county court, to be
applied exclusively to the making and repairing of Roads and
Bridges.
Passed Feb. 3, 1832.
ArrnovED Feb. 7, 1832,








53o. S3. AN ACT to authorise the sale of certain real estate of the in*
fant heir of Walter Saunders, deceased.
Preamblc
Whereas it has been represented to this Legislative Council,
that Richard Walker was constituted the Executor of the estate
of Walter Saunders, and guardian of his infant son Joseph Rich.
ard Saunders, and that the only property remaining after the
'settlement of the estate, is in certain lands which lie unproduct-
ive and entirely profitless, and that it will tend greatly to the ad-
vantage of the said infant ward, to have said land sold, and the
proceeds vested for his use, in other more productive property;
Therefore in consideration of the premises,
Be it enacted by the Governor and-Legislative Council of the Guardian a e
thorised to sell
Territory of Florida, That it shall and may be lawful for the ,ral estate,
said Richard Walker, to sell and dispose of the east half of the-
north east quarter, and the West half of the South east quarter
of section twenty three, in township one, south of range two
east-and all titles or deeds executed by him, for the whole or
part of the said lands, shall be as valid and effectual, as if the
same had been executed by the said Walter Saunders, during
ais life time.
Sec. 2. And be it further enacted, That before proceeding Shall give
:o sell, as provided for in the first section of this act, the said bondandsecu-
Richard Walker, shall enter into a bond payable to the Govern- rity.
or of the Territory, and his successors in office, in such sum
and with such surety as shall be approved by the presiding jus-
tice of Leon County, conditioned that he will faithfully execute
the duties of his said trust.
Passed, Jan. 31, 1832.
APPROVED, Feb. 7, 1832.




No. 34. AN ACT for the reliefof Samuel Crosby.
Whereas, upon the petition of Samuel Crosby, setting forth, Preamble,
that in January 1826, he did lease or rent from the commiss-
ioner of Fort St. Marks, certain houses or property within the
limits of said fort-and at the same time and place, did lease or
rent of said commissioner, for the'term of one year, a certain
stable, not within said fort, and believing at that time, the stable
without, as well as the houses within the fort, were the property
of the Territory, he gave to said commissioner hig bond for rent
of the same, but did subsequently ascertain the aforesaid stable
to be private property, and was not occupied by said Crosby:-
And whereas, suit has been instituted agaia'st said Samuel,
on said bond, by the District Attorney, for the Middle District
of Florida, and judgment awarded against the said Samuel, for









the sum of sixty five dollars, being the amount of principal arid
interest, exclusive of cost, and he having been compelled to pay
thb same, for remedy whereof,
Treasurer to Be it enacted by the Governor and Legislative Council of the
-pay Cosby Ten itory of Florida, That the Treasurer of said Territory, be
s5,00o authorised ard he is hereby required to pay to Samuel Crosby,
or his legally authorised agent, the sum of sixty five dollars, out
of any monies in the Treasury, not otherwise appropriated.
Passed Jan. 26 ,132. REiJECTED Feb. 6, 1832.
Reconsidered and passed by the requisite majority, Feb. 6, 1832,



No. 35. An ACT for the relief of William Hall.

Whereas it appeals to the satisfaction of this Council, that
Preamblc. William Hall, late Sheriff of Washington County did, by acci-
dent about the first of June 1831, lose from on board the steam-
boat General Marion, his pocket book containing the taxes of
said county, for 1830, and a part of 1831, amounting to $370,
and other valuable papers, which he was wholly unable to re-
cover,
Be it therefore enacted by the Governor and Legislative
leased from Council of the Territory of Florida, That the said William
payment of Hall, be and he is hereby exonerated from payment -of the
$370. said sum, of three hundred and seventy dollars, and is hereby
released from further liability for the same.
Sec. 2. Be it further enacted, That nothing in this act con-
tained, shall be so construed as to relieve the said Hall from the
-Not relieved payment of the county tax due the county of Washington, and
frumcouty tax provided that the said Hall shall be liable to refund to persons
who have been double-taxed, the amount collected by him over
and above the sum or sums due by sucl persons for their taxes,
at the usual-rate.
Passed Jan. 31, 1832.
REJECTED Teb. 4, 1832.
Reconsidered arid passed, Feb. 1832, by the requisite majority.



No. 36. An ACT amendatory of the several acts concerning the admin-
Sistration of Estates, and the duties of Executors, Administrators and
Guardians.
Be it enacted by the Governor and Legislative.Councilof.the
Real estate of Territory o&' Florida, That where any executor, administrator,
be sold m'b or guardian, shall have the control or management of any real
rler of court of estate, the property o' an infh at iu d(r the age of twenty-one
Chancery. years, which said real estate is in danger of being decayed, or









-~e;tly injured, hlfore'lhe infant owner can arrive at mature a e,
it shall and may be laIful foi-the said executor, administrator,
or guardian. to fiL a bill before the Sminerior Court, setting f rth
the injury or decay of buildings, 4. iiix., hedges, ditches, orch-
ards, groves, o9 .FAhrubbery, I pprclcndd ; which said bill shall
be answered by ia guardian adlfea,, appointed hy.tte.co irt, op
motion or the purpose-~ and upon the hearing of sad bill-and
answer, with such evidence as may be filed, if it sh-ll appear to
the court reasonabLe and just, to order and docreo a sahl of such
real estate, it shall be, and hereby is declared lawful to dcree
such sale under the provisions hereafter contained.
Sec. 2. Be it further enacted, ji'hat before aiy sale of reil
estate, as.aforesaid shall lake place, the court ordering such sale, R e.,te .
shall appoint free or more intelligent and disiuterested coin- b' al::.aef
inissioners, whose duty it shall be to appraise said estate so pray- before Sale.
ed to be sold, impartially and at its tair valuation, under oath-
which said valuation shall be returned if6o court'and filed in the
papers ot the cause, and to cause adv6rtisemen.t to be made in
some-newspaper, or by posting, aa to said court nrma seem ae-
cessary, for a reasonable term of time, or the time atid place 6f
sale.- '
Sec. 3. 1e it further enacted, Tkat if pny real estate soas Salemade val-
af'Gresaid decreed to be sold, shall be bid offat any prie is h~ri id
as, or above the price at which it has been appraised as aforesd,
said sale shall be good and vHlid in law, tq invest the purch- er
or purchasers with all the estate, in law or.equity, appertaining
to the infant or infants, for whose use anil benefitthe san'siAi Ef:ei"r .i
be ordered t: be sold ; and the executor, idmimistrator, or guar- gua.dimns to
tdan, petitioning for such sale, is hereby authoiisedl to make con- make ttle" 1
vevance to such purchaser or purchasers- said purchase. or
purchasers first executing bond with good and sufficient security
to the said executor, admniatratgr, or erurdian, for the usaof
such infai t or infants, forth srm at which such real estate may Payments,
sell, paying the interest on such sum annually, to the proper how made.
person, and the principal, when such infant or infants may ar-
rive at mature age: Provided however, such sale and ecnvey-
anre shall be regarded & canstruid as- aq 1ocr.aling aVe'ai -Sale 'tconsti'
lien br mortgage on the estate srs t ohe purchase money & 'tub a mort-
and interest accrued until paid. k gage.
Sec. .4. Be it farthor enacteIdThat tbis.act saall be in force
from and after the passage thereof
Passed Feb. 1, 1832.
APPROVED Feb.s 1832.







[42
No. 3., An ACT to amend an act relating to Crimes and MJsdem.anor9
committed by slaves, free negroes and mulattoes.

53d section of Be it enacted by the Governor and Legislative Council of the
:ctof17 Nov. Territory of Floiida, That the fifty-third section of the act,
182S, repealed passed the 17th November, 1828, relating to Crimes and Mis-
demeanors committed by slaves, free negroes and mulattoes, bc
and the same is hereby repealed.
Passed February 3, 1832.
APPROVED Feb. 8, 1832,




No. 38. An ACT regulating the rate of Interes:,
Rate of inter- Sec. 1. Be it enacted by the Governor and Legislative Cour-
estconvetional cil of the Territory of Florida, That any rate of interest or pre-
mium, for the loan or u.e of money, wares, or merchandise, or
any other commodities, fairly and bona fide stipulated and agreed
upon by the parties to such contract, expressed in writing and
signed by the parties to be charged therewith, shall be lawful
and recoverable, and no bona fide contract shall be vacated or
impaired by reason of any premium or rate of interest so stipu-
lated and expressed.
If no rate be Sec. 2. Be it further enacted, That on all contracts, written
then per cen or verbal, asserting the sum due, where no special premium or
rate of interest is expressed, interest shall be taken and recov,
ered at the rate of eight per cent per annum, from and after the
repealing time when said sum is due and payable.
clause. Sec. 3. And be it further enacted, That all laws and parts of
laws now in force, so far as they conflict with the provisions of
this act, be and the same are hereby repealed.
Passed Feb. 6, 1832.
APPRoVED Feb. 8, 1832.




No. 39. An AdT authorising John Wooten to erect a toll Bridge over
Little river, in Gadsden county.
Ino. Wooten Be it enacted by the Gov.rnor and Legislative Council of the
autiorisd to Territory of Florida, That John Wooten be, and he is heieby
overLittlriv- vested with the right and power of building a bridge, and charg-
ed with the duty of keeping the same in repair across the Little
river, in Gad-,den county. at the place known as Wamack's ferry;
and ~hall continue in the enjoyment of the same for ten years.
from and after the passage ot this act, or so long as the said









Wooten, his heirs, or tissigns, shall keep the same in good re-
pair, unavoidable accidents excepted, for the safe crossing of And g
such vehicles, &c. as travel the-road; and shall be allowed to toil.
receive the prices of toll'allowed bylaw to be received at other
bridges and ferries, across-said river,: Provided nevertheless, Nottoobstruct
that nothing in this act shall be so construed as to authorise said any ford.
Wooten, or his assigns, to obstruct any ford, or prevent anyper-
son from crossing at any place which has heretofore been made
use of as a ford. Exclusive
See. 2. Be it further enacted, That no person or persons right within
shall have the right to build a bridge or establish a ferry within two miles-
two miles of said bridge, for the purpose of gathering toll.
Sec. 3. And be it further enacted. That the said Wooten is
hereby authorised to receive toll as soon as the said bridge is in
good repair, agreeable to the intent of this act.
Passed Feb. 6, 1832.
AvraovED Feb. 8, 1832-




:o. 40. An ACT to authorise George Fisher, sen. to build a Mill-dam
and Lock across the Ocklockaee.ryer, and for otherpurposes.
Gee. Fisiler
Be it enacted by the Governor and Legislative Council of the authorised t
Territory of Florida, That George Fisher, sen. be, and he is erect dwn and
hereby authorised and empowered to build and construct a mill lock across-
dam & lock across the Ocklocknee river,at or nearthe said George Ocklocknee ri-
Fisher's bridge, on the said river ; the lock in the said dam to be
not less than thirty feet in length, and twenty feet in width, and
to be so constructed and executed in the work as to afford a free,
safe and convenient passage to boats ascending and descending
the said river.
Sec. 2. Be it further enacted, That the said George Fisher, Limitation of
sen. his heirs, executors,'administrators and assigns, shall have exclusiveright
and enjoy, for the term of twenty years, from and after the pas-
sage of this act, a full, perfect and uninterrupted title to, and
right ol property in the said mill dam and milling property there-
to attached: Provided, the said George Fisher, sen. h.s neirs,
executors, administrators, or assigns, shall within the space of
two years, from and after the passage of this act, build and com-
plete the said mill dam and lock, and keep the same in good re-
pair and condition, agreeably to the provisions in the first section Dam& lock to
of this act; but should the said George Fisher, sen. his heirs, bekept ingood
executors, administrators, or assigns, at any time, suifer or per- repair
mit the said lock to get into bad repair, (unavoidable accidents
excepted,) and so to continue for the space of three months, so
that the free passage of boats ascending or descending the said







[441
river, shall in any way be interrupted or endangered, then and in
that event, this charter and privilege shall be revoked and an-
nulled.
Shlr hae Sec. ~3. And be it father enacted, That the said George
make a road. Fisher, en. .hishcirs executors, administrators, and assigns,
shall and may. have the right and privilege of bridging, causwey-
ing nd .making aBroad from his;suid bridge over the slews, marsh-
es and low. ground, from the high land on the Leon county side,
to the high land on the Gadsden county side of the said Ock-
locknee river; and when the said bridges, causwavs and raised
road shall have been made and completed in a good and sub-
stantial manner, for the convenience of travelling and waggoning,
And gather then the said coree Fisher, sea. his heirs, executors, adminis-
toll- trator or assigns, shall and may have the right and privilege of
-erecting toll gates on the said road, and collecting tolls for pass-
inn the same: Provided, the tolls demanded and received at the
said sates, for travelling;he said road, shall not exceed the rates
of toll allowed by law for crossing the bridge of the said George
Fisher, sen. : And provided, the said George Fisher, sen. his
heirs, executors, administrators, or assigns, shall at all times,
keep the said roa., bridges and causeways in good and conven-
ient repair for travelling and waggoning purposes: Provided
nevertheless, that nothing hbrein contained shall be so construed
as to prevent the public, ,oraitizens of the adjoining counties,
from boiling a free bridge across said river, at or near where the
the public road to Baiobridge crosses said river.
Passed Feb. 4, 1832.
APPROVED Feb. 8, 1832.



No. 41. An ACT to rencal an act entitled an act to prevent Duellini.

Act 21 Nov Sec. 1. Be it enacted by the Governor and Legislative Coun-
182 repealed. cil of the Territory of Florida, That the ac entitled an act to
prevent duelling, passed 21st November, 1829, and approved
21st November, 1829, be and the same is hereby revealed.
Passed Jan. 17, 1832.
APPROVED Feb. S, 1832.




No. 42. An ACT to lay out and organise the-county of Franklin.
Boundaries of
Counvi. o Be it enacted 1v the Governor and LeEislative Conncil of tih
T'rritorv of i lnrid !:. That all that part of thii. Territory in:lu-
d-d within a line cimnit a;t the ,; o';th of th' 'hipola C'i-of!,
on the Appalachiicola river, running direct to Cape St. Joseph:







[4-5T

theuce along-the;coast4oWthe-n o0t'of Nd i river, including the
island. adjacent; thence-in a direct line tothe-beginning point,
shall constitute& formtacpunty to becatdlA thecountyof frankin. Elecoral dis
Sec. 2. Be it further enacted,; Tbht said county shallhreat- trick.
tacked to and form a part ot the same electoral districts Wash-
ington county is,
Sec. 3. Be it further enacted, That it shlil be the duty.of D of jud'c
the Judge of the Superior Courts of the Western district, to hold to hold courts.
Superior Courts for saiu county at the town of Appalachicoia, at
such time as may be provided for by law, and County Courts
sihallbe holden at said place on the third Monday in March and
October in each and every year, Time of how
Sec. 4. Be it furtherenacted, That an election shall be hold- inl election.
emon the third Monday ii March next, at Apoalachicola, for a
sheriff, clerk of the county court, coroner and surveyor, for said
county, under the superintendance of v. J. Floyd. E. Wood, J.
D. Bulloch, and E. J. Harden, or anystree of them. whose duty
it :?hall be to hold said election in manner as prescribed by law,
and *make their returns to the Governor, who shall commis:aon
the officers elected,and said officersehail hold their commissions
until the next regular election for countyofficers of this Territory.
Passed Feb. 1, 1832.
RRJECTED Feb. 8,,1J32.
Rcconsidercd F.b. 8, 1S32, and passed.Ly the requi.rite majority.




,>. 43. AN -\CT to incorporate a Bank in the Town of Ma.rnolia.

Be it enacted by the Governor and Lgi-:lative Council of the Name & s.i-
Territory of Florida, That a Eank shall be established in the
Town of Magnolia, by the name and style of "Thu Merchants Capital stoAL
and Planters Bank of Magnolia," the capital stock thereof,.not
to exceed two hundred thousand dollars, divided into shares of.
one hundred dollars each,
Sec. 2. Be it further enacted, That books for subscriptions. "oS tMa O
shall be opened on the 30th day of January, one thousand eight notia.
hundred and thirty two, and remain open.lfo sixty days at Mag-
nolia,under the supcrinttndance of John G Gamble, William Bai-
ley, Henry Gee, Joseph W. Field, Benjamin Chaires. Christo-
phr C. Williams, Atexandir 'Smith, Lester Cook, Benjamin
Byrd; Lewis W. Burnet, Joseph Ladd, and George I-lamin,
co'nmissioners-nnd the said commissioners may open books A, iie irpia.
to receive subscriptions at any place they may deem advisable, cu,.
under the snperintcndance of such persons as they may think
propeq-rany three of the aifresaid commissioners sltil be coin-
peteuttoperform the duties ot their Lppointrnmnt; and if the
number of shares shall not be subscribed for within the term of







[461
,sixty days, they shall keep the books open for the space of on(
year and no longer, but the corporation by this act created-may,
at any future time, open books to receive subscriptions for the
remaining shares unsubser.ibed, at such time aud place, and un-
der the superintendance of such persons, as they may deem ad-
visable and expedient; but as soon as the amount of fifty thou-
Election ofdi- sand dollars shall have been subscribed, it shall be the duty of
rectors, the said commissioners, or a majority of them, to give twenty
days notice to the stockholders, to meet for the choice of nine
directors, and it shall be lawful for such choice, then and there
to be made-and the nine directors then and there chosen, shall
be the first directors, and shall be capable of serving until the
first Monday of January thereafter, by virtue of such choice,
or until their successors shall be duty elected-and the directors
thus elected shall, at their first meeting, make choice of a Pres-
ident, who must be a director, and the aforesaid first chosen di-
rectors shall forthwith commence the operations of the bank,
and the responsibilities and duties of the said commissioners
shall then cease upon the day of said election, after they shall
have paid over into the hands of the directors elect, the amount
by them received as the first instalment on the stock subscribed
for, and also have placed in the hand of the said directors the
books.of subscription-Provided nevertheless, that should it at
any time happen, that an election fbr directors should not be
made upon any day when pursuant to this act it ought to have
been made, the corporation shall not for that cause be deemed
to be dissolved.
Subscriptions Sec. 3. 1c'it further enacted, That the shares subscribed
tu be paid for for by the several and respective subscribers, shall be paid for
in zoldorin U in gold, silver, or United States' Bank notes, ten per cent of
Sbak notes. which payment shall be made to the said commissioners, within
twenty days after stock, to the amount of Fifty thousand dollars
shall have been subscribed, of which due notice shall be given to
the stockholders ; and fifteen per cent in addition to that, shall
When to be be paid into the hands of said directors, within thirty days after
paid for- the Bank shall commence its operations, by the choice of its
directors, and the remaining amount at such times as the presi-
dent and directors shall require-Provided, that no more than
ten per cent of such stock shall be called in at any one time,
and provided also, that at least sixty days notice shall be given
before the same is required.
: tockholdors Sec. 4. Be it further enacted, That the stockholders to the
Oeciard oa t- said Bank, their successors and assigns, shall be and are hereby
created a body politic and corporate, by the name and style of
"The Merchants and Planters Bank of Ma rnolia," and shall
so continue until the first day of January one thousand eight
hundred and fifty, and by the name and style aforesaid, shall be
and are hereby made capable and able in law to have, purchase.
receive. possess, enjoy and retain to themselves and successors.









Stands, rentsAteaaments, hetiditaments, goods:t chattles and eX
fects, to an amount not exceeding, in -the whole four hundred
thousand dollars, including the cap[itaNttock aforesaid&-and the Powe
same to grant, demise-alimnateor-dispose of, to sue andbe sued,'
implead and be impleaded, answer and be answered, defend and
be defended in courts of record, or in any othef ptice whatier,
and also to make, have and use a common seal, and the same
to break, alter and renew at their pleasure ; and also to ofdain,
establish and put in execution such bye-laws, ordinances and
regulations as shall seem necessary and convenient for the go-
vernn.ent of said corporation, not being contrary to the laws of Bye laws.
this Territory, and of the United States ;and for the making
whereof, a meeting ma) be called by the President and Direct-
orsof said Bank, at any time, by giving ten days notice, and
generally to do and execute all acts, matters and things, which
a corporation or body politic in law may or can lawfully do or
execute, subject to the rules, regulations, restrictions and pro-
visions hereinafter prescribed and declared.
Sec. 5. Be it further enacted, That-the directors of the Oftheelection
of officers of
Baink for the time- being, shall have powir to appoint such. offi: the Bank,
cers, clerks and servants under themselves, as shall be neces-
sary for the6tansacting of the business of said corporation, and
to allow them such compensation for their services respebtivly,
as shall be reasonable, and shall be capable bo exercising such
other powers and authorities for the well governing and* order-
ing of the affairs of said corporation, as shall be prescribed,
fixed and determined by the laws, regulations and ordinances
of the same.
Sec. 6. Be it further enacted, That the following -rules, Rules,
regulations, limitations and provisions shall form and be, the
fundamental articles of the constitution of the said corporation.
RULE I. -,, .:
The number of votes to -which each stockholder shall be en- Ratio of vote.
titled, shall ne according to the number of shares he shall hold.
in the proportion following,.that is to say-For one share, and
not exceeding two shares, one vote; for every two shares, and
not exceeding ten, one vote; for every four shares above ten,
and'lot exceeding thirty, one vote, for- every six shares above
thirty, and not exceeding sixty, one vote ; for every eightshares
above sixty, and not exceeding one hundred, one vote; for ev-
ery ten shares above one hundred, one vote ; and on this prin-
cipal, shall all matters and things be decided, which may come
before the stockholders for their vote or discussion ; and after
the first election, no share or shares shall confer a right of suf-.-
frage, which shall not have been holden three calendar months iho sall be
previous to the day of election. Stockholders may vote in e- rectors.
elections by proxy or in person: none but stockholders being
citizens of the Territory, shall be eligible as directors.







[48]
RULE IL.
C.uorum ofdi- Not less than fi-e directors shall constitute a board for the
rec;js,. transauti.a I'' .Uioino ej ; of whom tl'.ir president shall always
be one, except in cases of sickness or necessary absence, in
President pro which case, his place may be supplied for the time beiig, by
Lem. any other director, chosen from among their number, by the
board of directors.
RULE Ill.

General meet- A number of stockholders not less .than ten, who together
in- of stock- shall be owners or proprietors o' one hundred shares, or i.p-
holders. wards, shall have power at any tim.i, to call a general meeting
of the stockholders, for purposes relative to the institution, giv-
ing at least four week notice in some paubic paper in this coue-
ty, and specifiing in such notice, the object or objects of such
meeting.
RULE IV.
Appointmenti. The Cashier shall'be appointed by the directors, and before
oZ cashier, he enters upon the duties of hiaifl e, he sh, l be required to
give bond with two or more securities, to the satisfaction of the
Shallgivebond directors, in a su:n not less than ten thousand dollars, witi a
condition for the faithful performance of the dities of his oflice.
RULE V.

Lands, tenements and hereditameuts which it shall be lawful
Real estate for the said corporation to hold shall be only such as shall be
which may be rjquisite for its immediate accommodation, in relation to the
held by bank. convenient transacting of its business, and such as shall have
been .onafid, 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 debt.

RULE -1.

Amount of The total amount of debts which the said corporation shall
debts, at any time owe, whethir by oond, bill or note, or other contact,
shall notaexced the su.n io six bundr*d thousand dollars, over
and ahoveAhe sum then actually deposited in the bank for saue
keeping, unless the contracting of any greater debt shall have
In case of ex- been previously authorised by the law of the Territory; in case
cess directors- of excess the directors under Whose administration it shall bap-
pen, shall be liable for the same in their natural and private ca-
pacities ; and, an action of debt may be Drought against them.
or any of their heirs, executors or admin stratois in any court
of record in the i'erritory, by any ..reditor or creditors of sa.d
corpo, ition, and ,ina be pro-ecuti u to ju:idnaet and execultin,
any condition, covenaut or a-recueaent to tie contrary notwith-








standing; btut this shall iof Wti deiisfriqed -t6 6AMipt tlfe said
corporation or the lands and tenements, goods and chattles of Absent and
the same fbtw it-ineig astb Httb for, ad -'bding eharg'eable -"ith dissenting ;di
the said excess ; such of said direfitort who'iray have been abf- rectors, how
'ent when saidexcess was cotftraeed or created, or who may relieved.
have dissented from the reso4tirtn or act, whereby the same:
was so contracted or created,may respectively exoneratethem-
selves from being liable, by drthtith-giving notice of the same,
and ot their absence or dissent, or before some notary public,
and to the stockholders at a general meeting, which they shall
have power to call for that purpose.
RULE VII.
The said corporation shall not directly or indirectly, dei or Not to deal iu.
trade in any thinly, except bills of exchange, gold or silver bul- mcrandiz
lion, or, in the sale ol goods, really aid truly pledged fbr money
lent, and not redeemed in due time, or of goods which shall be Rate of. inter
the produce of its lands-neither shall the said corporation take est.
more than at the rate of eight per cent per annum, upon its loans
or discounts.
RULE VIM.-
S, .. Stock transfer
The stock of said Corporation shall be assignable and anns-- able.
ferable, according to such rules and regulations as shall be made
by the Board of Directors, who shall have power to issue-to the
subscribers their certificates of stock; and no transfer of stock
in this company shall be considered as binding upon the com-
pany, unless it be entered upon the books of the Bank.
RULE IX.
The bills obligatory and of credit, under the seal offa cdz-
poration, which shall bie made to any perri 'dr'personS shalfhe eBills under
assignable by endbroemenet thei-atlpn, tiider itheia6d'or liida sae 4bast
cf such-person or.pdrsons, and of his, hdt, or their assjgns,.ai
so as absolutely to transfer or.et'thd d rbjierty ttidrref,, in each
and every assi~ge- dr.asdsltieb- a itesively, aidtd:edia'bl6 such
asismeu or assist f or~i f natnthnid th an il h til' on,
in bib hfr, ortheir ownriiaraee orl'amns; a'd bi's oribtes,
which imay be issued by order df the Corpoiraiuti, si1e: 'tl iW
fresidrit,,and ciuitt)r ighe~t'b t' Cashieir te're'di iiiii
the payment ofmtrni' y to anm pora6n drl i-i;-hisk r: theirT undS notes
order, or to thie- lberer, though tiot riddr tiket ia of fhe said traniser~ibTe
Corporatidn, stiallJ' binding and obligatoi' ox' ie' sani'e, aiid
shall be nelrtiabtil and assignablb by ehnd8bftsffe'It ifiyaij le"fT
order,. or by jrti rery, if paydab'i tb betrr.
-RMtL X.be
.kilf yearly dividd t -sl'all be rmed of so much 'of the prdtit
G







'[50]

Dividendshow of the said Bank, as shall appear to the President and Directors
and when tobe advisable, (the first half after the Bank shall have been in opera-
made. tion excepted,) and once in every three years the Directors shall
lay before the stockholders, at general meeting, for their intor-
nation, an exact andparticular statement of all the affairs rela-
tive to the Bank, and divide the surplus profits.
RULE XI.

Notice of non- All notes discounted by said bank shall be made payable there;
payment &c. (bills of exchange excepted) and if the endorser lives without
whenuneces- the limits of the Town where the said Bank is, or may be estab-
sary. lished, they shall be held and bound for the pay:nent of the note.
without any demand being m.,de on the drawer, or notice of its
nonpayment being served on them, the said endorsers.
RULE XII.

Mortgages. On all notes running in said Bank, where any mortgage has
been given to secure the payment of the same, it shall not be
necessary to renew the mortgage on account of the renewal of
To secure pay the note, but the mortgage originally given shall be good and
ientofnotes, valid to secure the payment of each renewed note, so long as
such note shall be.a part of the original debt.
RULE XIII
Minutes ofpro The Directors shall keep fair and regular entries, in a book to
ceedimgs. be provided for that purpose, of their proceedings, and on any
question, when a Director shall require it, the yeas and nays of
the Directors voting, shall be duly entered on their minutes, and
those minutes to be at all times, on demand, produced to the
stockholders.
Sec. '7. Be it further enacted, That after the first election
tion for dire- of Directors, they shall be elected annually, at the banking house
tors. on the first Monday in January of each year, by the qualified
stockholders of the capital of said Bank, and by a plurality of
the votes then and there actually given, according to the afore-
said scale of voting; and in case of the death, resignation, or
removal of the President, the Directors shall proceed to elect
another out of the Directors for the time being-and in case of
the death, resignation, or removal of a Director, his place may
be supplied by a majority of the Board of Directors.
Salariesofoffi- Sec. 8. Be it further enacted, That no Director shallbe en-
cer., titled to any emolument or salary, except the President of the
said Board, who may, at the discretion of tbe said Directors, be.
allowed a reasonable compensation for his extraordinary ser-
vices.
Sec. 9. Be it further enacted, That it shall be the duty of the
President and Directors of said Bank, in the month of January







[oil
of each year, if required by 4o Legislature of the State or Ter- 'Exhibit to be
ritory of Florida, to render to them a statement of the amount of made to legis-
specie, &c. actually paid- iupea stock subscribed, amount of lature
bills issued, and amount duse on loams, or ownpurchase of bills of
exchange, or any other. information, as to the situation of the
Bank. .- -
Sec..10. Be it further enacted, That immediately on he In caseof dis.
dissolution of the said Corporation, effectual measures shall be solution ofcor
taken, bythet existing directors, for closing all the concerns of portion, af-
the -Company, and divide the capital and profits which may re- fairs how clo-
main, among the stockholders, in proportion to their respective
interest; and it. hall be lawful for the Directors aforesaid, to
use the corporate name, style, and capacity of the company, for
the purpose of suits, for the liquidation of and settlement of the
affairs ff'a1t counts of the Corporaion; and upon the sale or
disposition of their estate, rea;, personal or mixed, but not for
any other purpose, noAn any other manner whatever.
Sec. 11. Be it further enacted, That the President and Di- Amount of is
rectors shall not, at any time, be authorsed to issue a greater sue.t
amount than three times the actual amount of the specie or Uni-
ted States bank notes actually in thevault of said Bank.
Sec. 12.. Be itfurther enacted, That any. person or persons Stocknot paid
who may fail to to pay for stock, by them subscribed, when there feied.
instalments become due, the President anid Directors may pass
an order forfeiting all payment or piymernts that may have been
made on such stock, aridcaiise the satn'to'be sold at public auc-
tione or otherwise, and shall be authorized to transfer such stock
to the purchaser ; the proceeds of the stock forfeited, after pay-
ingrsuch expenses as may accrue, shall be applied to the use of
the Corporation-And if it should happen at any time, that the Election of di-
election of Directors should not take place otrthe day provided rectors.
for electing them, the President and Directors for the time bei6ga
shall appoint a day for that purpose, within ten 'days aftrrw'rds.
Sec. 13. Be it further enacted, That the bills of tle Bank Notes & bills
shall be redeemed at tBe Bloking house, in Magnolia, i- to be redeem-
silver or United Statsa bank notes ; and when any other; ik- edin specie.
ing*Qompany or Corpora halllappfy at this B'ankandde-
mand specie in payment f eil1s or rides, which haid Bank-
ing Company or Corpbrt i in ay told in thij, Bink, the said
notes or bills shall and ilaa aid off in the whdil or a part.oF Ifheld by any
this Bank, in notes or'bil t'lfch this Bank niaj old 6o such, other bank,
Banking Company otdbropration; ana the Casier of this Bank nstes off
may, if he requires. it;d mand an oath in writing of the person
presenting said bills of notes for payment, that such notes or bills
so presented for payment, are not the property of any other
Banking Company or Corporation.
Sec. 14. Be it further enacted, That the personal property Stockholders
liable tor re-
of each and every of-the stockholders sball be pledged and demption or
bound in proportion tothe amount of shares held by each, in his, notes.









or her natural, private and individual capacity, for the ultimate
redemption of the bills or notes issued by, or from, said Bank,
during the time he or she may hold subr stock.
Taxon stock. Sec. 15. Be itfurther enacted, That said Bank stock shall
pay the same rate of tax.as is now, or may. he hereafter imposed
on the stock or profits of other banks in this Territory.
Sec. 16. Be it further enacted, That no Banking Institution
be allowed to subscribe for stock in said Bank, nor any individ-
ual to take more than fifty shares, until the books shaal have been
kept open the sixty days as aforesaid, after which no exceptions
to be made in subscriptions for stock.
Sec. 17. Be it further enacted, That this act shall take ef-
fect from and after the passage thereof.
Passed Jan. 16, 1832.
REJECTED Feb. 7, -132.
Reconsidered and passed by the requisite majority Feb. 8, 1832.




iNo. 44. An ACT to incorporate the Town of Ochesec.
inhabitants of Be it enacted by the Governor and Legislative Council oftho
town inoorpo- Territory of Florida, That all the free white male inhabitants
rated.
rated over the,age of twenty-one years, comprehended within the lim-
its of the 'Town of' Ochesee, and their successors, be and re-
main forever, from the passage of this act, a body corporate, by
the name and style of the Town of Ochesee; and by their cor-
porate name may sue and be sued, plead and be impleadedf and
do all other acts as natural persons, and may purchase and hold
real, personal and m:xed property, or dispose of the same for the
benefit of the said towvn.
Town council. Sec. 2. Be it further enacted, That the government of said
Town shall be vested in a Town Council, composed of an In-
tendant and six Council men, each of whom shall have the qual-
ification of being the proprietor of a lot, or the occupant of a
house, and shall have resided three months within the limits a-
roresaid, in order to ftll either of the said offices.
Powers of the Sec. 3. Be it further enacted, That the Intendant shall have
inte.dant. the power and exercise all the duties, and may receive the fees
6f a Justice of the Peace, within the said corporation.
Sec. 4. Be it further enacted, That the said Town Council
thi'ity of the shall have full power and authority to prevent and remove nuis-
.poration. ances, to tax auctioneers, retailers of goods and liquors, and
taverns; to restrain or prohibit all sorts of gaming,- to license
and regulate theatrical and other public amusements, to establish
and regulate markets, to direct the safe keeping of the standaild
of wel-hts and measures, appointed by Congres3 ; to provide:
and regulate burial arounL ior the Ue.i of the said town: to siL








wetts, and erect and repair pumps, in the stret-ranfd public
squares, to erect and repair market houses, and public scales,
within the-aforesaidctimit eeping-the pleasure-squares; to
estabis~ h and regAiitepafrols,' to regulate the. storing of gun-
powder; tp. tax hawkers-afidpedIars, to restrain and prohibit tip.
pling houses, and lotteries; to provide for the establishment of
public schools and superint~edance of the same; to restrain and
punish vagabonds and disorderly persons, and the disorderly.con-
dust-of negroe"-ead persons of color; and generally to provide
for'the interior police and good government of said'town.
See- 5. Be it further enacted, That the said Town Council Power to ltcy
shall have powe~to- levy a tax for the purposes recited in the taxes.
preceding section of this act, in such manner, and under such
circumstances as the said Council shall conceive least burthen-
some to the citizens, and to provide for the collection thereof:
Provided, that no tax shall betnposed on real property, at any
higher rate than one quarter of one per cent on the assessed vay-
ue of the same; and shall have power to make and pass all such To pass ordif-
ordinances, and to-impose suehfines and penalties, fbr infringe- nances &c.
meats thereof, or non-compliance therewith, as shall to the said
town council seem necessary, to give effect and operation to the
powers and regulations to the duties herein and hereby given and
imposed to and upon the said corporation or town council, any
law of this Territory to the contrary notwithstanding: Provided
further, that no capitation.tax be levied on persons not entitled
to vote for Intendant and Councilmen; a~fd provided, that the Capitation tax
said ordinances and rules shall be signed by the Intendant and
attested by the Clerk, and that no ordinance shall be passed,
granting any salary, pay, or allowance to the Intendant or Coun-
cilmen, or either of them. ; ectin re-
Sec. 6. Be it further enacted, That the'Town Council shall turns.
have power to compel the attendance tdiits members, and to
judge of the election returns and qualificatiohs of the Ia'tendant
and its own members; and the yeas and nays shall, at the re-
quest of any two members, be placed ori the recordd: O i' O .
Se. 7:. Be it forfer enacted, That the said brown Cobnoii Officers of in
shalt have power to,-elect a Treasurer, Clerk; and such othrof--crporan
ficdrs, as to the said 'POwn Council may sgm necesaai to ve
effect-to the powers, ahd regulation to the duties, by'~hih act
given to or iroposed'upori the said Town Council iaind to deter-
minp the salaries of the said officers, and the same to dismiss at Expulsion of
pleasure ; and two-thirds 6f the said Town Council my ,expel msrm"rs.
a member of the said Council for disorderly behaviour or tral
conduct in office.
Passed Feb. 3, 1832.
ArrPOVED Feb. 9, 1832.








E[51
lo. 45. An eAT respecting the payment of postage on public letter,
Treasurer to Be it enacted by the Governor and Legislative Council of the
pay postage. Territory of Florida, That the-Territorial Tzensurer be, and he
is hereby authorised to pay the amount of postage on communi-
cations received and filed in the Executive and Secretary's offices
on the business of the Territory, and that the Secretary be auth-
orised to draw for the same monthly.
Repealing Sec. 2. Be it further enacted, That all former acts on this
clause, subject be, and they are hereby repealed.
Passed Feb. 6, 1832. :
AOPRovED, February 9th, 1838.




"'o. 46. An ACT to establish a Ferry across Appalachicola river, at
Ochesee.

Mills Perry Be it enacted by the Governor and Legislative Council of th
authorised to Territory of Florida, That James Mills and Benjamin F. Perry,
establish fer- be and they are hereby invested with the right and power of es-
ry. tablishing a ferry, and charged with the duty of keeping the same
in repair, across the Appalachicola river, at Ochesee; and the
said James Mills and Benjamin F. Perry, shall continue in the
Limitation. enjoyment of said ferry, for and during the term of five years:
Provided, the said Mills.and Perry shall so long keep the said
jerry in good repair.
Exclusive fri- Sec. 2. Be it further enacted, That it shall be unlawful for
viege. any person or persons to establish and keep a ferry on the said
Appalachicola, within five miles north or south of, and at the
place aforesaid, exeep-it be for his, her, or their own use, and not
for the purpose of gathering or receiving toll.
Duty of ferry- Sec. 3. Be it further enacted, That it shall be the duty of
men. the said Mills and Perry, their heirs and assigns, to kept at all
',ypes a good and sufficient flat or craft dfsufficient size to eross
Toll. a waggon and team, and that they shall be entitled to receive such
toll as may be fixed by the county court of Fayette county, and
be subject to the order of said court, or any future Legislative
council of this Territory.
Passed Feb. 3, 1832.
APPROVED Feb. 9, 1832.




No. 47. An ACT to dissolve the marriage contract cf Lorine Rumcrl auia
John Rumel.
WHEREAS, It has been proved to the satisfaction of the Lc-







r5.r

gislative Council, that JohnRumel has for years passed, with-
drawn his protection and support, and entirely abandoned his Preamble,
lawful wife, Lorine Runel, who before her marriage to tthe
said John Rumel, was named Lorine Abby, and for-sometime
before he abandoned her, did very much abuse, neglect, and
illtreat hert the said LoriLe his wife; and the said Lorine Ru-
mel having been a resident within this Territory for more-than
three years, and having petitioned this legislative council to
be-divorced fiom her husband John Rumel, therefore, for the
relief of her, tee said Lorine Rumdl, formerly Lorine Abby,
Be it enacted by the Governor and Legislative Council of the
Territory of Flocida, That the marriage contract entered into Marriage con-
between John Rumel and Lorine Rumel, formerly Lorine Abby, tract dissolved
be and the same is hereby annulled, and the said John Rumel
and Lorine Rumel, formerly Lorine Abby, are hereby absolutely
dissolved from the bonds of matrimony, as fully, absolutely and
entirely, as if said John Rumel and Lorine Rumel, formerly
Lorine Abby, had never been married,
Passed Jan. 12, 1832.
REJECTED Feb. 8, 1832.
Reconsidered, and passed by the requisite majority, Feb. 9, 1832.




No. 48. An ACT for the relief of William Mimnis.
WHEREAS, It has been satisfactorily proved to this Legisla-
tive Council, that Sebina Mimms, wife of William Mimms, of Preamble.
the-county of Escambia, has been in the habit of violating her
matrimonial bond: And whereas, the said. William Mimms,
has petitioned this Legislative Council, to be divorced from
his wife aforesaid-Therefore, for the relief of. the said Will-
iam Mimms, -.
Be it enacted by the Governor and Legislative Council of the Divorced from
Territory of Florida, That the marriage contract of the- his wif
William Minims and Sebina Mirnms, be and the same is hereby
dissolved and annulled, aftd the said parties are hereby divorced
from the bonds of matrimony, as fully, absolutely and entirely,.
as if the said William had never been married.
Passed, January 12th, 1832.
REJECTED Feb. 8, 1832.
Reconsidered, and passed by the requisite majority, Feb. 9, 1832.



No. 49. An ACT for the relief of Enoch Dudley.
WHEREAS, It has been represented to this Legislative Coua-







ESo]

Preamble. cil, that Sarah Dudley, who before her marriage with Enoch
Dudley, was named Sarah Dancer, has violated her conjugal
fidelity to her -said,-husband---Therefore, in consideration of
the premi es, and for the relief of the said' Enoch Dudley,
Be it enacted by'the Gov rnor and Legislaiive Councd of the
Divorced from Territory of Florida, That the marriage contract hermtofre sub-
his wife Sarah b.tween ahe si Enoch
wiara listing betweenthe said Enoch DIdley and Sarah his wife, be
arddthe same is'hereby dissolved; and thestiid Inoch Dudley is
hereby released from the bonds of matrimonyi by which. he was
united with his said wife, as fully and completely as if the sete
had never existed.: A'.
Passed February 2, 1832;-i, ''
REJECTEn Feb. 8, 1832.
Reconsidered, and passed by the requisite majority, Feb. 9, 1132.




No. 50. AN ACT to dissolve the marriage contract between Eliz
abeth A. Breadalbane, and Donald M. Breadalbane.
Preamble. hereas it has been proved to the satisfaction of this Legis-
Ltive Council, that Donald M. Breadalbane late of Duval
county in the Territory of Florida has withdrawn his support
and protection, and has entirely deserted his lawful'wife Eliza-
beth A. Breadalbane, who before her marriage with" the said
Donald M. Breadalbane, was named Elizabeth A. Brown;. and
that he has been unkind to his said wife, and unfaithful in his
vows of fidelity, having left her in a destitute situation, with a
determination ne.vgto return--And whereas the said Elizabeth
A. Breadalbaneo hli~ptisione'dito be divorced from her aforesaid
iusbiind: Therefore for- the.; relief of the said Elizabeth A.
Breadalbane, '
Marriage tis D .
dissolved. ^SABe it enacted by the Governor and Legislative Ibugcil ofthe
'f ory dofr T'drda, Tbat-.t fi'arriige contract o'lthe said
legnald Mi. Breadalba'e and'Elizabeth A. Breadalbae, form-
erly Elizabeth A. Brown, be and the.same is hereby oissolved
.and'annulled; -and the said Donald M' Breadalbane and Eliza-
beth A. Breadilbhane, formerly Elizabeth A. Brown, are hereby
absolutely divorcee from the -bonds of matrimony, as' "fully, ab-
solutely, and entirely,'as if Oie said Donald M, B'readalbane
and Elizabeth A. Breadktbane, formerly Elizabeth A. Brown,
had never been married.
Passed Jan. 13, 1832.
REJECTED Feb. 8, 1832.
Reconsidered and passed by the requisite majority, Feb. 9. 18:2







[ST]
No. 51. An ACT for the relief of Rebecca Pierce.
Whereas it has been represented to this Legislative Council Preamble.
that a certain Jofin Pii'rc'e hath wiHd'avhn his p~6dt'etinn an'd
support from his laivfil wife, Ribea c'Yt irc`Me iMth end~dvoret
to waste and dispose of iher 'pr6ptly, ai aft; Aiii absihg ind
threatening injiiry to his sai'd iVfe, has itialty; desertid hb-l; Atit
that he has also iheen cohvic'ed of and punianlM 1 f a t tegadftg
otfence against tbI laws of the couiltry; itiei-for*'in bohsniit'
action of the premises,
Be it enacted by the Governor aiid Legislative Countil of the Divorced filtn
Territory of Florida, That fi m find afitr the pas, d of this 'ri.ban
act, the marriage contract, hertotbtbi suBsisting between the
said John Pierce and his wife Rebecca Piit-be, be ttid the sati'e
-hereby is dissolved, and the said R eiet-ca i- ledased from all
fidelity iid obedience imposed Upon hei- by the bonds of Mat-
rimony, to the said John Piter, as fully and 6Ed~iIjilbtly as if
the same had ever existed.
Passed Feb. 2, 1832.
Rlhjic -rii Feb. 8, 182.
Recbnsideted and passed by the requisite nikjority of the Corncil,
F~bluarf 9, 4882.




No. 52. AN ACT to dissolve the marriage contract b'Hir Wriliatf
Kerr afid EUpir B: Rerr;
Whereas it has been proved to the satisfaction of this Legis- Pre .
lative Council, that Epsy B. Kerr has been unfaithful to the bed renibc.
and board of William Kerr her lawful husjlind, and the said
William Kett having been a tesident within this Territory, foi
more than three years, and havifi petitioned this Leislativa
Counoi*t4t divorced from hi wife Epsy B. ketr; -tre
forthe relief of hinm, the said Wiminami err,
Be it enacted by the Governor and Legislative Council ie ,bf a (a
Territory of Florida, T'at the marriage eoatracti entered iito dissolved.
betWeetrWilliam Kerr and4 psy B. Kerr, is hereby dissolve
and annulled, and the said William Kerr and Epsy B. Kerr, are
hterb) absoluitly divorced ftron the bond of Matrimony, as
ftily atid-irbshtelay and etmirely, as if the said William Kerr
and the said Epsy B. Kerr# hAd ever been married.
Passed, Janvary I9a, 198.
REJECTED Feb. 8. 1839.
Reuonidered and passed by the reqtusite majority of th6 C'o mei
February 9, 1832.







t58s

-o. 53. An ACT to organise a county to be called the County offayette,
Be it enacted by the Governor and Legislative Council of the
Boundaries of Territory of Florida, That the district of country bounded as
aycte oun- fows, commencing op the Chattahoochic river, where the di-
viding line between the State of Alabama and Florida intersects
the Wid river, thence. running westwardly on the said line to
Ir.in's Mill, from thence a direct line to the head of the Big
Spring, or Robinson's Spring Creek, thence down the eastern
bank of said Creek-or Spring, tothe Chipola river, thence across
the Chipola river a due south course to the Washington county
line on the Appalachicola river, shall constitute a coumy to be
called the county of Fayette.
Sec. 2. Be it further enacted, That the Governor of this
Governor to Territory, be and he is hereby empowered, for the protection
appoint offi- and administration of Justice in the county established by this
act, to appoint such officers as he is, or may be, authorized to
appoint in the other counties of this Territory.
Sec. 3. Be it further enacted, That the inhabitants of said
Election ofoth county, be and they are hereby authorised to elect such officers,
civil and military, in such manner as is or may be directed by
law to be elected in the several counties of this Territory.-
That the officers thus appointed, or elected, shall hold their of-
fices for the same period, exercise the same powers, incur the
same penalties and responsibilities, and be entitled to receive
the same compensation as is, or may be by law provided for
officers of the same station in the several counties of this Ter-
County courts ritory.
ssion. of. Sec. 4. Be it further enacted, That it shall be the duty of
the Judge of the Cotity court, to be appointed by virtue of this
act, to hold two tern& of his court in each and every year, to
commence at Ochesee on the first Monday of March and Octo-
ber, until the permanent seat of justice be selected.
"rec. 5. Be it further-enacted, That it shall be tbhoduty of
County seat, the. said Judge, at the first *erm of his court, any two justices of
how selected, said county being present, and concurring therein, to appoint
three commissioners, inhabitants of said.county, to select the
niost eligible and convenient situation for thu county seat of said
county.
Courts to be' Sec. 6. 'Be it further enacted, That where the said county
held there, seat shall have been established according to the provisions of
this act, it shall be the duty of the Judge to hold his court at
the place established, and the clerk shall reside and keep his
office there.
If commission- Sec. 7. Be it further enacted, That if the said commission-
ers disagree, ers, or a majority of them, shall not agree with regard to the
rerneence to most eligible situation for the county seat, then and in that case.
Court, the subject of disagreement, shall be retfered to the county
court, whose decision shall be final,







C,591l
See. S. Be it further enacted, That the counties of Jack- Eectoral dis
son and Fayette, shall composer the fourth and fifth electoral
districts as heretofore, and be entitled to send two members to
the Legislative Council.n
Sec. 9. Be it further enacted, That the first election for ofieren o
county officers under this act. shall take place on the first Mon-
day in July next.
Passed Feb. 9, 1832.
APPROVED Feb. 9, I1.32



No. 54. AN ACT to alter and amend the several acts relating to Roads,
Highways and Bridges, in this Territory.

Be it enacted by the Governor and Legislative Council of the What shall 1ie
Territory of Florida, That all the roads in.the several counties public roads.
in this Territory, that have been laid out by order of any court,
according to law, shall be, hand they are hereby respectively de-
clared to be public roads; and'the said county courts in the
several counties of this Territory now established, or hereafter er er of Co.
to be established, shall have full power and authority, on appli- courts.
cation, to order the laying out of any public road or roads through-
out their county, when the same shall by them be deemed ne-
cessary, and to discontinue such public roads as now are, or
shall hereafter be, found u'seless,burthensome and inconvenient,
and to alter the roads now or hereafter to be established, as of-
ten as occasion shall require.
Sec. 2. Be it further enacted, That when the road so laid R-ad passing
out, shall pass through the lands of any person or persons, who thr'ui"h i id
shall object to, ot consider themselvesggrieved by the same, is whobchhereo
"t shall be the duty of the said Court, on application in writing
from the persons or persons sd objecting, at the next term of
the said Court, to issuetbheir precept, directed to the sheirf cor-
oner or constable, (as the'case may be) ordering him to stmrnon
a jury of twelve householders in said county, and proceed'to the
ground through which said objection has been made, to the pass-
ing of said road, and upon actual view and upon oath, to enquire
and certify to said court, what damages, it any, and how much Writ of ad
in their opinion accrued to the owner or owners of such ground, quoddamnnm.
by the passing of the road through the same; an the sheriff or
other officer shall return the inquisitions 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 .o
assessed, to be paid out of the county Treasury-Provided ne-
vertheless, when 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. sch pQXsfl*tise liajnt i qiale jojury, vuleg the, person so
Return there- coWnpain or q9t ,tit A slJ arie to acc pt such compensa-
tion as shall he deemed just and reasonable by the said court;
and prgg ide4, po t haW gothing.sal, b. allowed to anX person or
lpr.asD, wi ,p~h rhl a~ssA toul ythir unigmphxove4' land;
and provided further, that if n objection is nade, ap&dsufficient
reason shewn to the said court, during.the said time .terw] to
Objections to w~tC tle retSrn o -tP said commissioners shall hav'e been made
bemade. to why the proposed road so designated as aforesaid, shall not be
allowed and established, the said court shall declare the said
road so designated, to he a pubic road and highway, so to re-
main until altered by authority of law.
Seq. 3. Be it further enacted, That it shall be the duty of
Road district, the county courting r each county, at their first term after the pas-
sage of this act, and annually thereafter, to lay off the roads in
Overspers for. theiir seyeral opuj es ito distrjts ; and to aplpgit, aR overs.*er
of roads &fr each district, who ,sal perform allthe duties requir-
ed of him by. this act.
sec. 4. 1e i S ;ther et)acted, sThat. the county. courts for
commissioners the several coutiities, sh1ll at the same times, also appoint three
of.roads to be comtniussroqey of roads, bridges and ferries, to act foithe coun-
appoiuted. ty for wbic.:h y shall be aqired ; wiho shall fate an o th be-
fore the jfid cpurt, or heor :be so.e justice qo' the.:ee of the
county, t1aithfvlly to execute the duties of their, appointment.
It shall be the duty aftie said couni iiionu. to lay o.ut.andcark
Theirduties, such new ry.oad& pamay le ordered,by the county copurt,tp straight-
en or alter the location ofold roads requn ig rep Urs, t nQtijy the
overseers at what time and places t call out the bands in the
several road districts inthe county, and generally, to see that
the roads, bridges. andrries, are 'Iept.i, good repair; to re-
port alljfaiures of cwgr-p, aqd make complaint gain-t. the
maine, and alj:other persons obstructing roads, bridges or fer-
rie ; and those gguiqy of negligence in keeping frrnies : ihe
saiApo!nminisjiners s s!il receive such cornpensatrio for their
services 'at the end of the year, as s~afl be adjudged reasonable
and just by the county court, to be paid Ly the county.
Sete..5. Be it further enacted That it shall be the duty of
Duties of over the ov0raeers of roads, to make out an account liTt or all per-
seers. sons t bject to work on tlhe rod, within teijr ret-,p.ectv districts
-and. wh pnevaerhe said road, brjdges or causewLys, shJll re-
quire repaigg, the overseer sbhp give at least two days notice
to l11 subject to work with their respective roads, divisions or
F per- districts, of the ume and place of attendance, ith suchitools us
so..s fail ng to he n.ay deem necessary : and if at y person subject to work as
work afores.did, shall iaii to attend agreeiall, ; sich notice, togoehr
wiin tire slaves, sons, ward; and. apprentices owned by them, or
ulde: them, or under their care ar liuwl.la II:-.jt, or to pay the
conILIutation in lieu thereof, t!tiy shall ou -u!lject to pay a ine
01 bsveULIT-nIIV. CO&t& i 1# uary .r i,~,ij ersoul o filing to at-







letl
tend, to berecovered of such white person ftili a.t attel.-
and the goods-anit-chattles of the-owner or possess" of'such How collected
slave or slaves, and" on the godrti andchattles of the fwater- mo-
theror guardiari of any white person, mulatto- on negro under
the age o- twenty one years,-wHo shall. ftil tQ work- i -aby road
as afboesaid, by warrant in action of debt, before any justice oL
the peace, in thiibenmeof the overseer, who sha*b nevertholefs Overseer, cor
be a compe-entrwitnees against such defauker- or-defaulters, u..-ptent witness
less the parties making such default, shall within ten nay there-,
aftli, iake such excuse on oath as may be deemed satisfitwtory
to the ovrrseer, anh provided also tiat nojustice of the- peace
shat be authorized to issue a warrant as aforesaid, without, satis-
factory proof being first made that the notice requi redLy this-act
was duly made.
Sec. 6. Be it farther enacted; That the.sai&doverseers shall oCaeoonT la
be and they are hereby authorized' to commute piasonal lakoi, bor.
for waggons and- teams, or other necessary implements. for the
repairs of roads or bridges, or for money at;the rate- of sevanti,
frve cants for every days labor, ndlbh'skAll be 'fpendedl by. the
said overseer on the roads and-bridges, by hiring Qther- labaur-
ers. '* *
Sec. 'A. Be it farther enacted, That all able bodied -free Who shall be
white males, between the age of eighteen and' fifty years, resi- liable to work.
debts for twenty days in any county of-this Territory, and all
able bodied male slaves, free negroes and mullatoes, fio a the
age of sixteen years to fifty, residents as aforesaid, slhlt be sub-
ject to work on public roads and highways in such county.
Sec. 8. Be it further- enacted, That if any overseer, who Penaltieson
may hereafter be appointed, under the provisions of this.act. or overseers and
conrmimsioners
if any commissioner who may be appointed,6s-atbresaid, hall f-irnI.eet.
fail or r: IrcM to perform the duties requir4i~tf, them by law,
each and eitrytivorseer.or commissioner' go tilling or neglect-
ing, shall forfeit and pay a sum not exceeding tifty dollars, to be
recovered by action, before any justwe of the peace.nrcourt 4i
record, in the county, or shall liable to be indicted theretbr by
the grand jury. t'
8. 9. Be it further enacted& That when any. person shall
hereafter make an6v tenoe, or.cut any tree, oranake anoyc.ther Obstructions
obstructions, in or across any publiW road unless renmovedwithin in public ioads
one dayrsuch person shall for every such offence,-payaktid4 no 6f .
exceeding twenty dollars, to be rboovered -b 'awaxlgihander
the hand of any justice of the peace, to be applied as is herein-
after to be directed; and it shalt be the dity'" tb8a overseers of,
the roads, forthwith to cause the said obstruction to be removed.
Sec. 10 Be it liarther enacted, That no person shall kqep a Ferries to be
ferj within this 'Territory, so as 'to demand and. receiva.pay, licensed by
without special license first had, obtained from the county court county court.
of, th cainty where suh fbi ry may be, and the saiddcourt are
hereby erh"oweredi on the payment of such sunmas t.- said







t021
sourt shall deem reasonable, not less than twq, and not exceed-
ing twenty dollars, for the use of the county, to grant license to
each and every person applyingwho shall be adjudged suitable
for such purpose by the said court, for the term of one year,
from the time of giving such license, to keep a ferry at such
place as the court slall adjudge nost proper; and the court shall
state such fare and ferriage at each ferry, tor passengers, horses
and other creatures, carriages, waggons, carts,.teams, and other.
Things t:anspotted,-aways having regard to the breadth and situa-
tates of toll. tion of the stream, and the publicity ol the ferry: Provided al-
ways, that every person having applied for license as aforesaid,
shall-before the same shall be granted, give bond witr one or
more sufficient securities, to the clerk of the county court of the
Ferrymen to county wherein such ferry may be, and his successors in office,
"give bond in such suims as the said court shall order, conditioned for the
Sfaithfll performance of the duties of his station.
Sec. 11. Be it further enacted, That if any person, licensed
Penalty for re- to keep a ferry, shall refuse or neglect, without a reasonable and
fusing to per- lawful cause, to cross any person, his horse, cattle, carriage,
form duties. jrUtes or property, in a convenient time after such application,
such ferryman shall for every delay of thirty minutes, forfeit and
pay the sum of not less than two, nor more than twenty dollars
to the person injured, to be recovered with costs of suit, before
any justice of the peace, in the county in which such ferry is
kept.
License Seca 12. Be it further enacted, That upon his non-perform-
be revokeda ance of his duty as ferryman, the said court may at any time
revoke his license, and grant the same to another suitable per-
son, subject to the condition hereinbefore recited.
Sec. 13. Be it further enacted, That all fines and forfeitures
stitute a road which may hereafter be incurred under the provisions of this act,
fund, shall be paid into- the county treasury, and shall be and the same
is hereby directed to be applied to the improvement-of the sev-
cral public roads and highways, under the direction of the com-
mnissioners, either by hiring horses, waggons, laborers, or other-
wise, as the commissioners shall deem most advisable and pro-
per; and an order from such commissioners shall be a efficient
awoucher to the county treasurer for the payment thereof.
Clerkto notify See. 14. Be it further enacted, That it shall be the duty of
c3mm'rs and the clerk of the county court, to notify said commissioners and
overseers. overseers of their appointment, and of the number and extent of
the road districts.
Powers of ct'y Sec. 15. Be it further enacted, That the county court shall
,ourt, have power in term time, and the presiding justice and one other
justice of the peace in vacation, to make all necessary orders for
opening or repairing roads, constructing or repairing bridges, or
licensing ferries.
"Sec. 16. Be it further enacted, That the road duty, which
hereafter may be required of the citizens of this Territory, shall









not exceed four working days at a time, or more than eight days Road duty t
in one year : Provided however, that if, at any time, there be be required u.t
trees or other obstructions blown across any public road, in this derthis act.
Territory, or from incessant rain, some small bridge or cause-
way be washed away, the overseer of said road be authorised,
and he is hereby required, as soon as may be expedient, to call
out a sufficient number of the road hands most convenient, and Proviso.
proceed to repair or remove said obstructions, and he shall at the
next general road working, exempt the said hands as many days
as they are actually engaged in making said repairs or removing
said obstructions.
Sec. 17. And be it further enacted, That all laws militating
against the true intent and meaning of this act, be and the same Repg clause
are hereby repealed.
Passed Feb. 1, 1832.
APPROVED Feb. 10, 1832.




No. 55. An ACT relating to Orimes and Misdemeanors.

Sec. 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the Common Law of England, common la t
in relation to Crimes and Misdemeanors, except so tfr as the adopted.
same relates to the modes and degree of punishment, be and the
same is hereby adopted and declared to be in full bfrce in this
Territory.
Sec. 2. Be it further enacted, That any person convicted of Murdcr rap
the crime of murder, rape, or arson, shall be punished with andarson.
death.
Sec. 3. Be it further enacted, That any person convicted of
manslaughter, shall be punished by a fine not exceeding one M1an caught.
thousand dollars, or by whipping.not exceeding thirty-nine stripes
and imprisonment, not exceeding twelve months, at the discre-
tion of the jury.
Sec. 4. Be it further enacted, That any person convicted of Involuntary
involuntary manslaughter, shall be punished by a fine not ex- Manslaughter.
ceeding eight hundred dollars, or whipping, not exceeding thirty-
nine stripes, and imprisonment, not exceeding six months, at the
discretion of the jury.
Sec. 5. Be it further enacted, That any person convicted of Mayhem an'
false in prisonment, mayhem, an assault and battery, or an as- assault &c.
sault with intent to kill, shall be punished by a fine not exceed-
ing one thousand dollars, or imprisonment, not exceeding six
months, at the discretion of the jury ; and any person convicted
of a bare assault, shall be punished by a fine not exceeding one
hundred dollar-, at the discretion of the jury.
!tcc. 6. Be it further enacted, That if any person shall bt







[64]

Duels & chal- conrcerneA in duel, or a challenge to fight a duel, either as pria-
Lenges to fight. cipai or second, or shall send, bear or carry, or receive or accept,
any challenge to fight a duel, he shall be deemed guilty of a
misdemeanor, and on conviction thereof, shall he fited in a sum
not exceeding five hundred dollars, or imprisoned, for a term not
exceeding twelve months, at the discretion of the jury ; this sec-
tion not to prevent a prosecution for murder, or other crime
committed in a duel fought in this Territory.
Burglary, lar- bee 7. Be it further enacted, That any person convicted of
c.ny &c. burglary, robbery, larceny, or an assault with intent to rob, shall
be punished by standing in the pil.ory for one hour, or a fine not
exceeding one thousand dollars, or whipping, not exceeding thir-
ty-nine stripes, at the discretion of th.l jury.
Forgery, per- Sec. 8. Be it further enacted, I hat any person convicted of
jury and sub- forging, or Fraudulently altering any deed, bond, bill of exchange,
oryionofper promissory note, order check, receipt, bank note, draft, or any
other paper, written or printed, whatsoever, and any person con-
victed of the crime oflp rjoiry, slubornation of perjury, or of coun-
ter.eiting the current coin of this Tcrrit) v, shall be punished by
a fine not exceeding one thousand dollars, by standing in the
pillory two hours, by whipping, notAxceeding thirty-nine stripes,
or imprisonment, not exceeding two years, at the discretion of
the jury, and shall ever afterwards be incapable of giving evi-
Knoi dence in any court of justice in this Territory.
sin or uter: Sec. 9. Be it further enacted, That any person convicted of
ing a forgery, uttering, publishbg, or using any forged or fraudulently altered
deed, bond, bid of exchange, promissory note, order, check,
receipt, bank note, draft or any other paper, written or printed,
whatsoever, knowing the same to be forged, or fraudulently al-
tered, shall be punished in the manner, and subject to the disa-
bilities prescribed in the foregoing section.
Excitinfrevolt sec. 10- Be it further enacted, That if any person or per-
of" slaves.
sons, shall excite an insurrection or revolt of slaves, or shall at-
tempt by writing, speaking, or otherwise, to excite an insurrec-
tion or revolt of slaves, he, she, or they, so offending, shall on
conviction thereof, suffer death.
Killing revolt- Sec. 11. Be it thrther enacted, That the killing of a slave
i g slave. in the act of revolt,.shall be deemed justifiable homicide.
Sec. 1. Je it further enacted, That if any person shall
Altering mark fraudulently alter or change the mark or brand of any animal, or
shall fraudulently mark or brand any unmarked animal, with an
intent to claim the same, or to prevent identification by the true
owner or owners thereof, the person so offending shall suffer the
same punishment, and the jury shall exercise the same discretion
as is inflicted and given, for the stealing of such animal.
o nliS f.' Sec. 13. Be it tuithcr enacted, That any person convicted
of stealing any bond or bonds, note or notes. bill or bills of cx-
change, bank note or bank notes.ora note or notes issued by any
orp!oratien, ox othPer paper or papers, securmg the payment of









money. or othM-th-iing, or-rtyv-legal mnidium of exch~ihte, or ai
receipt or receipts,- orany paper or papers, operating as a disa
char*froin the-payinent of mdney- or their thing, shall be putr;
ishedin the same ma-nne; aS if hbe ad stolen the money or other
thing or things, which the said' db ternnts; or ariy of thtui so
sttoen; were meatfi tit affect,. Stetre or discharge.
See. 14. Beit furth-r enacted,' That any persrtii'nvtedeF
of stealing a shave, or of enticing, or of givitig a pass;'o) f us- Stelingslava.
ingany other moans of mduccmednt to any sl ve, to runaway, or
of aiding, assisting or abetingr ary-slave to runaway, oi of aid-
ing, abating or assisting any runaway slave, or othetwis~ w1iil-
fully causinR a loss of labor of strch slhie, to his, or ter owhier Aiding to ru:i-
or owners, shall tbe fined, nut erceeding one thowrsanddcilldfs or away.
stand id the pillory o-:e hour, or lie branded on the right hand
with the letters S. S. or imprisoned, for a ternr not eeeefdigty
six months, atthe discretion of the jury. I '-
See. YI' Be it'ftrrther enacted, That if any offikdr, or per- ,'.,,;, ,
son, eiaroyed in any public department of this Terfitofy, or any Steaiing 1
coutity threof, or in anv'office of a corporate body, shall em- re:s.
bezzte, steal, secrete,' or fraudulentlythake and- carry awayi: ot
burn, tear, or destroy arty- nottey; good, chattld,, eftits, bond
or bonds, not6i or notes, or any other security, for the payment of
moneV, of whatever dsscriptfon itmay be, being the property of
the Territory, county or corporate btdy, snch'off9ndet shall, on
conviction, be :putisfied b3f fltlt not :xeeeding' one tho dtr'd
dollars, or by whitping, not exceeding fhftty-niW6 stripes, or ima
priarrmenttj not exuccdiig twelve months, at the discetiri' of
the juty.
iec. 16. Be it father cnact6d, That if any p,-ri n hall AltCring land1
knowingly, maliciously, or fraudulently crit, fell, alter or remove "ar's.
any boundary Iree, or other land mark; to the wrotig ofTfisncith-
boet, W'of any othfe person, he or she, ort -ontietion thefleif,
shall be pWIfshed ty a fine not exceeding fivst hundred' doTlArs,
or by whippiirg, rnot excediftr thirty-nine stripes, ot'yirrliiOdsk
,onment, tinrn eceeding ix r:mont,4; at tb;h dscretiod'aftfid jnry.
Sec. 17. Be it further enacted, That if any pbrsoh'bywiluil Perjury.
and corrupt pijurf, shhitf clse the tife'of another t Itkbe lts
away, sueh port .-.hail on cotimiction4titetxofr; bb puniiAsb'Wftt
destth. *
Se- fe.- -- it fifthier'enatetd, Thatt'if anny pervn 6Waftl"d-
reetly or indirectly-give, or- offer to give, any money, ;-fkit, ot Bribing mne:-
other libe,; present of regard,' 'or give,- or rake any promrtie, Ir t' Judei
contract or agreement, fdr the piarrtnit of rixTny, goods ot other &c.
bribe or-use any promise, tf eate', pertasions; ot other li'k~ sin-
isteror rfdlfhor o-fraudulert practiC; e; irr order'to obtairi, or in-
flaence -theopiniorn-, judA~tnnrt; decre' oir bihavioma of'any merim
ber of the Legislative Council, or any oftcer of thh Teiritory,
judge, juror, justice, referee, or arbitrator, ri any disqcssion, de-
,bae, aottin, suitY omphninirrdietmri controversy,-mattePet'
I







(18W
cause, depending, or which shall depend before him or them
such person shall, on conviction, be punished by a fine, not ex-
ceeding one thousand dollars, or by whipping, not exceeding
thirty-nine stripes, or by imprisonment, not exceeding twelve
months, at.the discretion of the jury.
Officers stva Sec. 19. Be it further enacted, That if any judge, justice,
ing oravoidmg mayor, alderman, clerk, sheriff, coroner, .or other'pubtic officer,
papers or doc- or any person whatsoever, shall steal, embezzle, alter, corruptly
nents, withdraw, falsify, or avoid.any record, process, charter, gift,
grant, conveyance, or contract, or shall knowingly.and wilfully
take off, discharge or conceal any issue, forfeited recogaizance
or other forfeiture, or shall forge, deface or alsify any document
or instrument recorded, or any registry. acknowledgment or cer-
tificate, or shall fraudulently alter, deface, or.lalsify any minutes,
documents, books, or any proceeding whatever, of, or belonging
t6,any public office within this Territory, or if any. person shall
cause o. procure any-of the offences aforesaid; to be committed,
or be in anywise concerned therein, the person so offending-shall
be punished by a fine not exceeding one thousand dollar, or be
whipped, not exceeding.thirty-nine .stripes, or imprisoned,-not
exceeding twelve months, at the discretion of the jury.
Sec. 20. Be it further enacted, That if any jailorshall by
ofjailors. too great duress or imprisonment, or otherwise, make or induce
a prisoner to disclose and give evidence against some other per-
son, or be guilty of wil(il inhumanity and oppression, to any
prisoner under his care and custody, such jailor shall be punish-
ed by removal from office, and six months imprisonment, and by
a fine not exceeding three hundred dollars, or whipping not ex-
ceeding thirty-nine stnpes, at the discretion of the jury.
Sec. 21. Be it further enacted, That if any officer, after the
Officer with- expiration o; thq time tor which he may have been appointed or
holdingpapocs elected, or in cF~e of his death, of his executors, and adminis-
4-c. trators, or *he person iu possession thereof, shall wilfully and-un-
lawlilly withhold or detain fro i .his successors, the records, pa-
persi documents or other writiuns, appertaining b &belonging to
his Afice, or mutilate, destroy, takeawayy, or otherwise prevent
the complete possession, by his said successor, of said records
documents, papers, yr other writings, such person so 'offending,
shall be punished by a fne not exceeding five hundred dollars,
or by imprisonment, not exceeding six. mo nas, at the .discretion
of the jury. .. .
Sec. 22. Be it further enacted, That if any person shall
Obstructing knowingly and wilfuily obstructfresist, or oppose any-sherifflcor-
aegsa- 8r.ince owner. or other officer of this Territory, or:other persons, ,ulyou.
cers&cC. -thorised, in serving or attempting to serve or execute-anylawful
process or order of any court, judge, justice, arbitrator,or-any
other legal process whatever, or shall assault or beat any sheriff,
coroner, constable, or other officer, or person duly authorised, in
serving -or executing&any-process or order afreBaid,-or -for hav.








ing serve- or executed-the same.everyperson.so offendine, shall
o0r conrietion, be punished by a tine.not exceeding one thousand
dollaiv~atthe.discretion o' the jury : Provided, that any officer
whatever, that may or sihaMll asiutt or beat any individual under
colorof his commission, shall on conviction, be tined not ex-
ceeding one thousand dollars, at.the discretion of the jury.
Sec. 23. Ba;it further enacted, That if aiy person or per- Rescue.
sons, shall resnue.another from legal custody, on criminal pro-
cess, such person.or persons, shall receive the same punishment
as the persons.rescued would, on conviction, have been senten-
cod.to receive; and if the person so rescued, shall not have been
tried, or shall have been acquitted, it sh;ll be- lawfiu to
charge the person rescuing, as [for.] a misdemeanor; nd upon
conviction, such person.shall be punished by a tine not exceed-
ing five hundred daolara, at the discretion of the jury.
sec. 24., Be it further euaoted, That if any person shall aid Aidini prison-
or assist a, prisoner, lawfully committed, or detained in jail, for er to escape
any polence.against this territory, or who shall be lawfully con- from jail.
lined b~ a civil process, to make.his or her escape from jail, al-
thouglh o escape be actually made; or if any person shall con-
~ey, or cause.to be delveetd.to. such prisoner, any disguise, in-
strument or means, or arm-, proper to facilitate the escape of
such prisoner, any such person, although no escape or attempt to
escape he actually made, shall on conviction, be punished by a
fine not exceedingtout .hundred dollars, at the discretion of the
jury.
Sec. 25. Be it further enacted, Fhat if any person shall aid Aidine prison-
or assist any prisoner to attempt to escape from the custody o01 cr ,to P;"'"c
any slhriff, constable, officer, or other person, who shall have the fm custody.
lawful charge of such prisoner, every person so offending shall
he lited in a sum not exceeding tour hundred- delars, at the dis-
cretion of the jury.
Sec. 2,r. Be itfur4her enacted, That ifany marshal, deptrt Officerperntit
marshal, sheriff, coroner,jailor, or other officer, shall wilfully re- ting escape.
fkse to receive any offender charge with, or guih) of an indicta-
ble offence, or committed as a witness, on the part of this Ter-
ritary, or who-having such oeuder' or witness in lis custody,
shall voluntarity permit orsuler him, op hen to escape, andet at
large, every such marshal, deputy marshal, sheriff coroner, jail-
or, constable, or other officer or person, so offering, shatl oh
conviction, be fined in a sum not exceeding three hundred dol-
lars, at the discrrtiqa of the jury.
Sec. 27. B1iffurther enacted, That if any person or per- Receivin sto-
sams, sha;ltuy or receive. goods or chattels, :hat shall be felo- len goods.
niously stole or taken from. another person, knowing the same
to have been stolen, he, she, or they, shall incur the same pun-
ishineu.t as would be incurred by, and inflicted, on the person or
persons convicted of having stolen the said goods or chattels,
-o bought or received.








harboring fe- Sec. 28. RBe iti father ooted, That if any -eraso shaii
coqncal.receive, or harbor, any burglar, felon, or thieves, know-
iug thomto be so, he, she, or.they shall, ocn'hing convicted. be
punished by a fine not exceeding two hundred dollars, or whip-
ping v t.exceeding thirty-nine strines, or .imprisonment, not-ex-
ceedin. -'ix months, at the discretion of the inry.
Cnmnm.ading $ec.. ,. Be it further enacted, That if any person Fhall
:ieonies. take money, goods, or other valuable consideration or reward, or
premise thereof, to con.pmnd any treason, exciting or attempt-
ipg to excite and stir up.an insurrection, or revolt of slaves, mur-
der, manslaughter, rape, arson, forgery, burglar, hoase*reuk.
ipg, robbery, Inrcony, receiving stolen goods, or other property,
rescue, breach of prison,,bribery, perjury or subornation of per-
jpry, or other offence iteretofore denominated felony, or any of-
fence punishable by law ivith death, or a fine of five hundred dol-
.1 a4r or whipping, not exceeding thirty-nine stripes, or exposure
on the Dillory, orimprisonment, for any time specified and lini-
ited,. qdrleft to.the discretion of the jury, as in this art- rerited,
every per oo so offending. shall be punished by a finm, rft ex-
caed~l one thousand dollars,or bvwhipping,not exceeding thir-
ty-.iue.stripes, or by imprisonment,Bt exceeding twelve months
at the discretion of the jury.
C :piracy to Sec. 30. Be it further enacted, That if any two or more
vprsecutc. persons, shall conspire, or aaree, falsely or maliciously to charge
or indict, or cause or procure to be charge' d, or indicted, nny
person, he, she or they, so offendin_, shall on conviction, be sen-
teeced to a fine not exceeding seven hundred dollars, or tw< Ive
months impriaonment, at the discretion of the jturv.
ParrSec. 31. Be it further enacted, That if any person shall be
arratry. convicted of being a common barrator, such person shall be fined
in a sum noteoTaedian one thousand dollar, or imprisoned, not
exceeding twelve months, at thp discretion of the jury : and it
the offnoger belong to the profession of the law, he shall also be
disqualified from practicing for the fixture.
Em:braccry. .ec. 32. Be it further enacted, That anm embracer wh, shall
procure aoy juror to take money, gain or profit. or who shall cor-
ruptly influence, or attempt to influence, by persuasion, entreaty,
or by qny other means, shall be pwtished by a fine not exceed-
ing five bhndred dollars, or -be imprisoned, not exceeding twelve
months, at the discretion of the jury. -.- "
Sec. 6 Bo.it further enacted, That if any justice of the
.1in'ractices peace shall be guilty of mrnalptactice in officea;byising oppres-
b J. P. sion, partiality, or any other conduct, unbecofti the character
of an upright magistrate, in the administration and under color
of his office, he shall be indicted, and on conviction, shtll be
fined not excceding five hundred dollars, or be imprisoned, not
exceeding twelve months, at the discretion of the jury, and ho
slhall also be removed from office.
Se-. 31. lie it further enacted, That if any nerson shaL









knowinfly send or.deliver ,anylel W or writing, threatening: t Threatening,
aWcuse-anotherpm or oa f iinmeIwith i.mteft to extort mo~5y; letters.
gooder rchatles, oroher vaiunabdehiog, or threatninglto:amaHn-
wound, kill:or nurdetworaothura his or her hoooee .or other
property, though no money, goods,.chaetels, or other. valuable
thlin be demanded,.any pers.aso.ofi'eeiag, shall uononviction,
be sentenced to a*ine not exceeding five hundneddHldr, oue to
imprisonment not exceeding twavhe-months, at the .diretinr of
the jury -. .-.. .4 -
Soc. 35. Be it further enacted, That any pe on orrpersons Riot & affray.
convicted of a riotor an atftay, shall be fined in a sum not ex-
ceeding fareiuadred dollars, or be -imprisoned not. eicueeding
twelve months, at-the discretion of .the jury.
Sec. 36. He it~turther enacted, ?'.hatany person convicted Libel.
of a libel, sliaqlbe fine in a sumr not exceeding otne thousand
dollars, at the discretion of thejur.ya but in all eases of tibel,
the tiuth shall be permitted to be piven in evidence.
.Sete. A. Be it further enacted, That if any person org"isots,. Pacarding for
shal4Niay .newspaper, or handbidl;- written or printed, -ptiush not accepting
or proclaim any other person a coward, or use any other oppro- challenge.
briats -abusive language, against such person, tbr not accept-
ing a chatlengeor figltting a duet; such persorror, persons, so
offendinagshall on convicion, be fined not exceeding five han-
dred dollars, at thediscretiun ol'the jry : and on the trial of such
offenders, the printer's evidence shall be taken, and if the prin.
ter shall refuse to give up the author's or wv'i ers name or names,
ho shadl be punished for contempt, at the discretion of the
courtl.
Sec. 38. Be it further enacted, That if any person shall Cigamy-.
k-nowingly have twor wive, or two husbands at one and the same
time, he or she sha' ,'owcon*Biction, be sentenced to a fine not
exceeding one thousand dollars, at 4he discretion of the Jury.
ierc. 89. Be it fir'ther enacted, Thatil any man or wommr Marrying wife
being unmarried, shall knowingly marry the husband or-.ilf of 1 otler.
another perso, -such man or woman-n.sla on conviction btefin-
ed not exceeding ong.,thousand dollars, and he :iiprisoaed not
exceed ing twere months, at* tbe.discretioaonf the-Jury, .
Sec. 40, JHitffatChB ;cai tted, $ltt ifany pi9soMi ;.hall
commit ineesx4u s fornitibri oraduitery, or knowingly inter- Incestuous
marr.y'witiirr tla ees of coatsamgukity established by' hw w, adultery.
he or sboshalt, i snvctiow, bl- sentencedrtfeoa fiine not ex-
ceeding oaeatl r dollars and be imprtsone~ not execeding
twve monatits, l discretionFof the"'Jryt ...:
Sec. 41t fr their enacted, Thati'-tM man or woman,
shall ive togeithr in an open state of ad4itary or oroiiatiow, or, Adut and
of adultery and finitcaton, which shall be snicientltesMablisbh-
.cd by aty circumstances, which may raise the presamtiption of
cehabitatuou and-untawiul intimney, or wiToshallether wise cotn
mit-.mdultery or foramiation, or adultery and fornicatim,- they









@hall.he severally indicted, and on conviction, such man and
gBoiwa, shall.be severally sentenced to pay a fine.not exceeding
fite .hIndped dollars, at4he discretion of..the Jury; .and :if con-
yiCted a sqcond.time, a fine not.exceding'-seven hundred dol-
h.ta,tand for every subsequent repetition of the ffeace,;a fine
not.xceeding pight hundred dollars; :but it shall, at any time,
be i,tl4a.wer of the. parties to prevent or suspend the .prose-
cutipm.by niariage, legally solemnized.
Sec. 42. Be it further enacted, Chat if any person shall
Open lewd- be gity .of Open lewdanes, or of any notorious act of public
ness, lqdeqency.tending todckauh. the morvals.otaaociety, ranfkeep-
ag a.diwrderly tippling:house, he.qr as~hhall be. .idicted, and
Tippling on conviction, shall he.fiped nt exceeding one bundrad dollars,
house. Qrijpr ianfld not exceodiog three months..ar whipped not ex-
ceeing thirty ninth stripes, at.the discre(tioPaf. te jury.
Lewd house. *.c.. A. ]e it furtbhr enctPtd, That if a.ny p r on.shallfor
his or her emnlumi'nt, Qr .iv.li.hood, maintain a common lewd
hopa,.4e or she shall on cQavicjtiqu, 4iAiPed.not exceeding three
qu4O 04r1Fti4as, or bp imprispae.d.tot exceding. six months, at
the discretion of the Jury.
hourderly 'ec. 44. ce it furtlar eonactekd. at if any person small
keep or m ntain a ccommon ill-gove:ned. and disorderly house,
hpr rhe sbshall, on conviction, be sentenced to a fine not exceed-
ing throe h.ndred dollars, or be iapjrisaned not exceeding six
Ulqoths, at the discretion of th.e du-ry.
Gam'ng house 45. le it fd ahey enacted, That if.apy person shall by
hirmsnsJ, aeryaLt or other agent, keep, have, exercise or main-
tain a comlumlo gaming house, table or room, or in any house or
pjace occup.icd by hi i, procure or permit .ny persons to '.fre-
.que7t rcomc together, ,o pjay fir T r iyor other valuablee
thig, at any.game, he or she shall on Qjavic.tioo, be sentenced
to a fine not excee(itig five hundred dollars, and be imprisoned
oit excee tin of the Jury.,
Gambling. S. (6. it further enacted, Tiat any peraon oxpersons
who rIay hbefoupp playing apd betting at any. garme-with cards,
dice, checks or bijiaqrdy, or any other instruments, article or ar-
ticles, thung or thing w.hatsoev.cr, Ltetofore used, or which mtay
hereafter be used for tlie purpose of'betti.g upo, or winning or
9,.smg money, or any other thing .or things, aolcle or articles of
vulle, or any property whatsoever, may be idicted, and: on con-
victitQ tl erpof, shall be Aied in a sum not easeeding two hun-
dred dollars, at the discretion of the JVry. AL if oy owner or
occupant of any house, outhuose or o'her buimtig, shall permit
o01r suier any oir he aforetnentioned gaunes to be carried on or
exhibited in said house, outhouse or other building, he or she
shall-on conviction, thereof, be fined in a like sum, subject to the
diJicretion of. tlwc Jury-Provide'd, that this act shall not be con-
-truted to cxter! % horse racing, Ahooting with guns of any de-









teription, wrestling, jumping, footracing, finc-playing, pitching
with quoits, or dollais,or any other peaceable and civil athletic
exercise, not herein particularly enumerated. Nuisance,
Sec. 47. Be it further enacted, That all nuisances n6t here-
in mentioned, which tend to annoy the community or injure the
health of the citizens in general. or to corrupt the public morals,
shall be indictable and punishable by a fine not exceeding two
hundred dollars, at the discretion of the jury ; and any nuisance
which tends to the immediate annoyance of the citizens in gen-
eral, or is manifestly injurious to the public health and safety, or
tends greatly to corrupt the manners and morals of the people, IIow abatcl
may be removed and suppressed by the order of any two or more
justices of the peace of the county, founded upon the verdict of
twelve house-holders of the same, who shall be summoned,
sworn and empanelled for that purpose, which order shall be
directed to, and executed by any sheriff orconstable of the coun,
ty, and an indictment shall lie for the same.
Sec. 48. Be it further enacted, That any butcher, or other
person, convicted of knowingly selling the flesh of any diseased Sellid m n-
animal, or other unwholesome provisions, shall be sentenced to visions.
a fine not exceeding two hundred dollars, at the discretion- of
the jury.
Sec. 49. Be it further enacted, That if any baker, distiller,
merchant or other person, shall knowingly sell bad or unwhole-
some bread, or drink, or pernicious and adulterated liquors, Selling o -
drugs or medicines, he shall be indicted, and on conviction, shall bread ormedi-
be fined in a sum not exceeding one thousand dollars, orimpris- chic.
oned, not exceeding twelve months, at the discretion of the
jury.
Sec. 50. Be it further enacted, That if any physician,-sur-
geon, or other person, shall wilfully endeavor to spread the small Spreadin,
pox, without inoculation, or shail use any other inoculation, than small po..
that called vaccination, unless by special permission from the
county courts, or the public authorities of any city or town,
when the small pox shall make it appearance; he or she so of-
fending, shall be fined in a sum not exceeding-three hundred dol-
lars, and imprisoned not exceeding three months, at the discre-
tion of the jury.
Sec. 51. Be it further enacted, That any person wandering
or strollin. about, able to work, or otherwise to support himself, Vagrancy.
in a respectable way, or leading an idle, immoral, or profligate
course ot lite, or keeping, or exhibiting, or causing to be kept
and exhibited, either of the games or gaming tables, commonly
called A B C or b 0 tables, or Faro-Bank, or any other gam-
ing table or bank, under whatever denomination, shall be arrest-
ed by a warrant issued by any justice of the peace, mayor, al-
derman, or intendant of police, and bound in sufficient security
for his good behavior and future industry tor one year, and upon
his refusing or taking to give such security, tie shall be oemnmit








Fl 21

ted andi indicted as a vagrant, and on conviction, s~fl be pun-
i.hi ioy I ,... not :x -eodiig, five hundred dollars, and rnprij-'
o-;'n:lit ror a term not exceedmna twelve months,or by boh'a sold
f,,r twelve months to ith, hi-hest bidder, or by whipping, not ex-
ceedins thirty-nine stripes, at the discretion ot the-jury.
S.llina by Sec. 52. le it further enacted, That if any person shall
tilso weights. knowingly sell by false weiciht or measure, he or she, shall be
deemed a common cheat, and on conviction thereof, shall be
sentenced to a fine not exccdiig one thousand dollars, or to
imprisonment, for nit more than :;ix, nor loss than three months,
at the discretion o; thoj'iry.
Destroying SOec. 5.i. iec it further enac:ted, That if any ter*in or fer-
beacons or so;)n, h.iil malicimouly, or without authority, cut down, remove,
buoys, or de-troy any beacon or beacons, ouoy or-buoys. erected by
an-; commission of pilotage, or !v other person or persons, Jtily
aullori-iedl for that purpose. he. ::he or they, shall on conviction,
be find not x '-cei'n- ,n," tho,;i-tad dollars, or whipped, to ux-
ceedtni.4hir t,'-i:n s-tripes, a! thb' discretion of tie jury.
Fraudulently S"e 54 'i( it further etlu'twd, That any person who s tll
p- : ig cot- ft iidlle:tly put int: mvn bale or bales o( cotton, cask or ca'ds,
tii &tc. or.otner par.ki .es, of tugar, rice.or pork, or any other articleaof
piti-sion, any i.rt, ruib)i h, or olth r thing, shall-be deemed a
co .im jn .heat, and on "onvictioz,, -hall be tined in a sum not
ex .,edinr one thousand dollars, at the discretion of the jury.
B",'nin' sacks Sec. 55. B. it tirtner imacted. I nit any person or persons,
of rain, straw whoshali will. Iy ail ramiviously -et nre to, or burn any stack
iC. or sticks of corn,fidder, gra:n. st: iv or hay, shall on conviction,
be iined n ,t exceeding tnee Ihu'idred dollars, or-whipped not ex-
ce,lin_ ti, ty-nine -tri:ins, at the discretion of thejury.
ie>. 56. :>e it further enacted, That if any person -shall
Burningwoods wilfuly and nljii'Cio.lsiy set on inre, arl-woods, lauds orrmarshes,
A;. within tnis eir r tor,, no !s iherey. to occasion loss, damage or
injury to another pue;. i,, h or hiie shall, on conviction,,besen-
tensed to a iine not ex :eeci:i2 two hundred dollars, or be thip-
ped, not exceedin. ihity-ninrl stripes, at the discretion of tiW
jury : Provided, tnat t hllh ie lawinil "or any person, upon giving
notice to all persinlsresiding within two miles of the place in-
trnded to be tice., to set on iir: any woods in this Territory,
du. ing the months of Februavy, March and April.
Burningfences Sec. 57. ie it further enacted, That if any person shall
ac. wilfilltty and inaiiciouAy set fire to any fenc.-or fences, encio-
sure or ei losures, or cause or procure the same to be done, he
or she shaih, on conviction, be sentenced to afiane not exceeding
two hundred d.)liar., or wiupping, not exceediug thirty-nine
stripes, or to imprisonment, not exceediingsix months, at the dis.
cretion ow: lie jury.
rFcsrovin" See. 5. e it I'uither enacted. That if any person shall un.
i (lu in e 1 I r ii:, i u .1, i, r i i. en, cut through, inj.r .
or udettoy, an) fwncc. biutgc, river or meadow bank, ric, ia:-.








jifl dati, 'or' any other dams or bahks, every such person so oI
feeding, shall on conviction, be sentenced to a fine not exceed-
ing five hundred dollars, or whipping, not exceeding tiirty-nine
stripes, or imprisonment, not" exceeding six months, at the dis-
cretion of the jury. ...
"" Secd 59. Be it further ei ctedd, T it if aly -rsoli shall Woundiu oq
maliciously maim, wound or kill, any animal, the property of a- Killing cattle. -
nother, such person shall, on convicti6ni, be sentenced to pay a
fine not exceeding one thousand dollars, or be whipped, not ex-
ceeding thiir-y-nine stripes, or imiirisoned, not exceeding six
ADonths;, at-the discretion 6T the jury.
Sec. di. Be it further enacted, That if any person shall Burning
wilfulHy and maliciously burn or set fire to, or shall wilfully and scutlingshipo
Maliciously mak-h, or assiit in making any hole ifi the bottom or boat &c.
;.ide of any ship or vessel, above the value of two hundred dol-
iars, Within the waters of this Teiritory, or who shall do any
other act producing the dstruciion of such ship or vessel, lie
or.she shall, on conviction, be punished' ith death: arid if any
person shall wilully anfid riialiciously burn or set fire to a ship,
beai or othe&wvessel, of less value than two hundred dolW~s,
within a to the waters of this Territory, or, if any person
shall alsfilly and maliciously make, io assist ini making, any
hole ittlie bottom; side, or any other part of any ship boat or
vessel, or do any ottiir act tending'to tii loss' or destrucfiin of
such ship, bbat or vessel,' every person so offending shall, on'
conviction, be fined in a sum not exceeding'five hundred dollars,
or whipped (not exceeding thirty niie stripes, o' imprisoned not
less thin six, nor more than twelve nionths, at the discretion of
thsejurji* 'W i
Sec. 61. Be it fufthfe'enacted, That if aniy person shall ng ca
wilfully drive, or entice away, or remove any cattle from a pas. frm range.
turage or range, without leave of theiowner of such cattle, such
person so driving; enticing or reii~ bvgrsiall be"fined" in a sum
norZieceeaing one hundred dollars, a'tii'dIsciet2i of the jury :
anrdff stich offeinder shall be a slave, he or shlislall, unless said
fine be paid, be whippedfnobt exceeding thirty nine stripes, at the.,
discretion of the Ju ry' Disturbimg di.
Sec. 62. Be it further enacted. Thit if any person shafl be vineworshlp,,
engaged or concerned in vociferation6, noise, selling spirituous
liquor, oFany other act haivinig ain immediate tendency to' dis
tufb, or c4siae a disfuriance of a congregation of white persons,
assembled for tfef purpose of divine worship, at a church, chap.
e, synagogue, campmeeting, or otlief public place, with intent
to disturb or cause a disturbance, such person shall be fined
not exceeding one hundred dollars, or whipped not exceeding
thirty nine stripes, or imprisoned not exceeding six months, at
the discretion of the Jury ; Provided, that this section shall







1741
iot be construed td prevent any person from pursuing his usual
avocadioitn except on Sunday. ;
SSei?W3. Be it further enacted. That ifany"person, having
errmiitn the'legal control of a slave, shall suffer him or her to go at large
as if free. afdtrade as a free person, such person so offending shall be'
fined in a sum hot exceeding one hundred dollars at the discre-
tion of the Jurv. i
Gr ing icet Sec.N64. 3Beit further enacted, That if any person shall
to another' ive a ticket oilicense toa slav who is under the control of
Blave. large of another, without the consent of the, person having
scdb control or charg,e he or she shall be fined in a sum
Snot exceeding one hundred dollars, and be inpirisdndiii ot ext-
ceeding six months, at the discretion of the jury.
PSec. 6.5. Be it further enacted, That if any person shall
from .. aav buy,'accept or receive from any slave, any mdney, grain, pro-
Wuhout ticket duce or thing ol'value, without ticket from the master, of own-
er,for uverseer of such slave, authoiising such slave to dispose
of sfich thing of value, the person so buying accepting or re-,
ceiino 'shall, on conviction, be fined in a sum not exceeding onae
hundred dollars, and imprisoned not exceeding three months, at
Sth9 discretion of the Jury.,
Sec. 667:. Be it further enacted, That if any person at o,
Unfir pracU 'before any public sales of land, that may by order of the Gen;:
a!';,"^ .eral Ge~vernment, take place in this Territory, shall Use any'
Sm means bi threat-, persuasion, or propositions, to compel or in-
duce".any person wishing to purchase for settlement, or who'
may have previously settled and made improvements on public
lands, to give him'directly or indirectly, any sum of money, or
topromise to give the same,,or any species of property in lhai
thereof, as a bribe, fee, premium or consideration tor sucl pei-
son not to bid for said land, he shall, oon conviction thereof, be,
fied in a sum not exceedingtwo hundred dollars, or be mupris-
oned not exceeding six months, at the discretion of the Jury.:"
'Sec. ;7.' Be it further enacted, That a public road 'ur e~.a
eWhatealbe tali$hed highbiy, shallbe construedto be any road made by:
e r ba authority o an ct of Congr*s of the United States, any law
Sof this Territory, or the county courts of this Terflthry. -
S". 1' '-'Sec.681 .- Beit further enacted, That if any person or per-
Obt.nrutnt' sons within this Territory, shall obstruct any public road, or as-
ghiway* tabli~ied'highway, by fencing* across, or into tte same, ever.
suchp fson or persons, who shall build any such fence, or wiv4-
fully'cause any other obstruction in such road or highway o;t
any parfthereof, shall be liable to be indicted, and on conviction
thereof.shall be fined in a sum not exceeding one hundred dotlI
lars, at the discretion of the Jury-and the judgment of fte
Court' hall, also be, that the obstruction be removed.
Employing Sec. 69. Be it further enacted, That if any person, on the
servan in la. Si-bath day, shall employ his apprentice, servant or slave, in la-
o, on thesab bour or other business, except it be in the ordinary house-hold







[7t5
business of Baily necessity, or other work of uecessity or char-
,y. he shall forfcil and pay the sum of ten dollars for .ever such
olrtni'e. ';-- '
SSec. 70.: Bei further enncted, That no merchant q shop- A 'elli godw
s O_ ionsabbathilv
keeper, or other persons, hhall keep open store, or dispue of.-
any wares, merchandise, goods or ehanles,"on the Sabbath day,'
'or sell or barter-the same, upon pain that every person so offend-:
ing, shall forfeit and pay the sum 'f twenty dollars, for every
such offen.e. : -. -
Sec. .71. .Be it further enacted, Thato.wenever any free ne- Free negroS to
grn or..nWulalttoshall be coni icied'ofanycrime or misdemeanor, be sold,ifun-
the punisiiient of which shall nut affcct life or jab, and shall le to pa
'be unable to p4y the tine and costs of prosecution, it shall and fi
may be lIawful, and it is hereby madetihe duly ofl the marshal of
the district in which the conviction shall Lake place, to offer the' If't g~^al
services of such free qegro or mulattr, at public outcryto aale; he held as a
and any person who shall take such free negro of.piulatto, for
blhe shortest period oT time, paying the tine and costs of ploe-
ecution, shall be entitled to the services ol'such fiee nggo qo.mu-
.lauo, who shall be held and taken for the said period of l qitas
.a slaver to all iptents and purposes whatever. ,.
i *Sec. 72. ,'Be it further enacted, That if any person shall Obstructing
:rect or fix on any inavinable water course, -any Adg, brid ,, water coarse,
bhdge; same drag, or otger dbstrustini, where) the navigat"oa
of boat- drawing three feet .tter, or the pa.aaget of rish nmay be
.obstructed, suell person shall blliabl-aio indipLaean,.aid on cou-
viction thereol, be tied at the discretia o'fthe jury, not exceed-
ing one hundred dA ~lr. .I ., *
Sec. .73. -- Boe ,irither enacted, That it' any person shall fell Eelling tree
.any tle. or ir as, or cause the same.ut bifelled, nilo any navj.- n navigable'
gable stream within thil ferriory, so a. tIo obstruct the navig a-
tioa tLhrefq, and shdill not reo:vye the a %mic ithin tLo*uty-four
hours after suMc telling, ever laueb person or perSegis N ll bo
liable to'be indiled, and on CoqI t4mathlprcn hall be linez4al
the 'i@,:rehpn of tlle-jury, in ay.y ., uo%, C .eeding lity.dol-

4... Sac. 74.e it further4enactel,. That.lhe puni hmnoi.QEdeath Punishmentor
hall be .iofictd by hanging,.by ;bh nook,dn sauue iuh place, 4ilr wnhil
ULal. the culprit is dead; and tie pnuanshenzt pi Iltppj,i ,inll ptlng,, id .pl-
'be nmlteted on thabreb back of the culpnt willt a cowtiski, or flor hd.
other tu-trumnent iofthe,like flcxibilitv; and whie th,.pup!ih-
anent of expossre on the pillory shall ibe iflil&td, the plliorv
hall be placed;in a square, street, road, ot ather puniic exposed
lace. .. .
'Sec. 75. Be.it further enacted, That the doctrineob'enefit Benefit of clet
,of clegy shall have no operation in this Territory. gy"
SSec..'76. e it further enacted, That all oflences known to Punishment
the Common Law, the punishmeat:twhereof is not.proviuea tor for onfence:
by this act, shall be punished by a tine not exceeding live hun- notl esignatoe









.dred dollarsor impri-oiment,aQt exceeding twelve nionths, t
SProcee it .in th section fg ie jurvey.... .
certain casem Sec. 77. Be it lirlther enacted. That in all cases of assault
requiredd. p10,'plttery. treipLas, pr libel, a prosecutor ball be set at the
fotri. ol (Ije indirainen., r ho shill be li Jste for costs upon failure
in tI eproseci edn, and jn no.other CiHs shall .it be nece sarj..
Lt~iatioon of -. bjit f'rd tllrher enacted. That alo.cesnot punish.-
procahitutiji.. it ji 4oat4e, shall be. prosiecimr.-I within two years next after
the sam h b hall lave been comin .l .
Ac%, S', 7. 13p it urthero enwci-.-d, T:ipat..n pct relating to,
repealed. .Cruine p8.'lkdercnieanors, papedl 14th Np.vepaecr 1828, be
tnd 'he sojp is hereh, repealed: Provirdep however, That all
Ptoviso. offences hereiofore corpmiled pqalinas the provisions pf that act,
sl~l be prosecuted aud pire lshpe, as if the same were inafull
force and eff tct. d .
AorFp29re.... ec. 80. 'And be it further enacted, That apn act to amend
pealed. an.f trQ-ioing to Crimes and '.]isdimeanqrs, passed 17th No-
Vmlher, IS29, be.and tjie same'is hereby repealed,
P Tssed Feb. 6, 18s32. A ,
kA.pEOVBDaFeb;10, 183;.I




Pa. B. tAn ACT to incorporate a Coinpany t calll ll. St. Andreaw
and Chipola Caiail Comiipa y. '

FWHEREAS, The interests of the Territory would be greatly
promoted by opening a comn unicatioii.trinnecting the waters
of the Appalachicolan & Chipola rivers iith age Eastern arm
of the aay-of St, Audrews :
Corporation Be it reacted by the Governor and Legislative Council of he
created. Terifory ofFlorida, That .si aCopany i heeely made a cor-
pomaiina,'bi the naie and tp qf sie t" SL Ahdrys and Chi-
pta.aCanaU Cotin-, ianJd t ame, allsyo x inal become
Subscribers and members orf eteomnpany, their esucessors and'
iaasa&s EY tks. s>ge,shall be capablel.in p puroha e,.regai, ejeqjoy and
petaip, to them and their subieji's- hands andg remintsa, gtPhi'
chattets and eftecis, ul what ki -soever; and the same togrfit,'
se. r, mortgage, and di-pose ofatri'ueand be liable to be aned,
to make a common seal, and at'pleasure to break or alter the
same : o ordain, establish and put in execution, such bhe-larw
auld regulations as may be deetqed necessary and expedient for
the government of said Corporation, not being contrary to the
laws and constitution of the Tiuted States, or of the laws of the
Territory.
Ss Sec. 2. Be it further enacted, Thatthe capital st9ck of said
^pital stock Company, shill be two hundred thousand dollars, with the pri-
vliege of increasing the same to five hundred thousand dollars,








.to be divided into shares of one hundred dollars each. S~bserip-
,tions for which shall be opened on the filst of Marcti next', in the
following places; at Mananna, .in.the county of Jackson, un- t~~u- opd
der the superintendence of D. W. Horne, Jacob RBbinson, Pea for.
ter. W. Gautier, jun. Isaac Fort and John,.Wi Campbel];At
'.ebbville, under the superintendance of Jates Watson,'F. J.
t1owcr, Richard H. Lone, Bennett Ferril and Terry B..Watsop;
At Tallahassee,audei ith sup.. rlitendance of Behjanun Chaires,
\V. Burgess, Henry Bond, Thomas rBtabb, and T. R. Bet-
:ten; At Pensacola, nuader the superintendtnce of Adam Gor-
don, C. C. Ke) sr, ('hailes Le Barron, .Blyden Van Baljn and
John Campbell, any three of. whom-shall be sufficient to dis-'
chage thp duties required of them; at which'plates the books
of subscription shall be.kept open thirty days. 'unless the stock
shall be sooner subscribed for, during wlich 'iimA any person or
.corporation, shall be at liberty to subs-crihe foir'any number of
.shares, not (.xeedirng one hundred ; and after hat time, for anri
number. until the whole be taken. The shares to be subscribed
lir, -hall, in,~te respective places named, be as follows-At
31triaqna, seven hundred and fifty; At Webbville,. tive bun-'
.drci; At 'Pensa-ol.i two hundred and fifty: and at Tallahas-
.see, ftre hundred; And at the time of subscribing, two and,a
ifal per cent shall be paid on each share subscribed for, and five Instalmentoei
.pr cent, within ninety'days after the books are first opened, and shares, when
the balance to be paid at the discretion of the President andjDi- tobe paid for.
rectors.: Provided, that.no intalinents shall: be required after
the sec~rd, unless thirty days notice thereof be given in a public
print of Tallahassee, and not more than twenty-five per centumt
be required at say one time .pon the whole :amount subscribed

Bec. 3. Bet further enacted, That stock not paid for, ac- Stock, when
cording to the provisions of this act, shall be forfeited to the ote
Company, and the 'umonnt which h m:ai have bee, I'aid tiher'eon.
See 4. .*e it further enacted, That for tl4t irianpigement of Board ofDirec
the business of ,aidiiompan. five D irecitrs.jll lie cbosrn '.", L" eo ele -
.by the stockbolders: the first election'lo be hel at Mlarianna,
Under tie'superintendance ol, and at.guhb Ciftne, as the persona
before aaned as the rooniisomuner, 'or ana ihree t.i themr fQi
Ja;tkson cuonrty may appoint, one of said Directors to be select-
ed fox Presid4eit by them: Pro'ided, that twenri days nomiceahadl
bi given of' the time of holding the e.eciiujn for said Directors,
through the medium of one ofthe ;public prints, published at
Tallahassee. The number ofvotes.to which stockholders shall a
be aquiil- shall be in the followijgvproportion--For one share,at voes
and not more than two, one vote for-each share; for every two
shares above two, and not exceeding ten, one vote; for every
two shares above ten, and not exceeding thirty, one vote ; for
every six shares above thirty, and not exceeding sixty, one vote;
for every eight shares above sixty, and not exceeding one hun-









Proxi*j* dred. one vote ; fnr every ten share; above one hunIlred, otre.
idte--And upon this principle shnll :il otdsbe made in relation
toBbdsinr.s tshi.h may come b:-ol:.r.- the sto holders. Any
Btockohider 'ih-v authorise an agent to vote: in all election-i t)y
mpaCo .ip a plurality ot'vqtes shall consr itute a choice; and
S. elected shall bhld their offices until :hiir suceas-
17iib led. r -'~ ;i
o. dw.eT.hat-^ it'e further enac t, That lthe Pre.ident ail Di-
ft r'lpap. W-kdlr whave poverto app.,int suhb officer under thenm as
peervepsarv ; and ti,'dslins.- the -;aihe at pleasure : tohpr-
tb t ;ir*-luties; and'r&lquCre securityTor:tlhe uiitlitd perform-
'tih.efther6edf.c'-, -
'Ito. 6. SBe it fin-rher enacted, That :he said. company shall
S, har;~ the right t cpoaiLtrodt a canal ifur the trausprrtafiuon of pro-
dt sauce, groos, 'iiall -lr irtndies haintort- er, from the Chipola
"An '6h Ftith ppilechicola riwnTr,,io.th i head ot. the eastelr arm of the
Ppo lt ofStj.tilrei-., and from the si:d Ba the said rivers;
aI maylfor4hih purpose have. eser'i-e, and use Free and tunl--
t efia d, bin not eclusive conirl, ortr an wiftr connecw.g
s d nver A-ppaliachicohi n 'ith he Chila, -and,als.o.l' he
'yuters. creksa, or river, dicunaruni hv vORve; intp Ib ecdt
a"if 'said Bay : and miaVy conm*ne -ia, ul arn point oi
thslefd i er, Appa.irlnchlh a oar ( hipls-, Vhioh maLv uoL dutaed
trptd. and pir-suo 'suih courier a'd' direction wilfl Itie
S e;,ns m'ay be mruot ern4 i6ei tu the interpets ol'the Com-
Y le. firal stihaing dil;lairk. .... ... ,
:~-~IIt-'rhier enarct-d, Tiat it shall he the rly, of
,,1 .,,h 'tBhe said _n'tr ,nfi y, t filtili Illt comriii.iorier of the land ol'-
eal., "f.,'-u.' twice ti 'iil t1 T r the' roptUI .nt in.h said cana), ithin" tio years
uo]aud urf i. mri the ,ecoiilJ dda (,o' March, 1 3 1. bt .-.. I,-
.~4 -8. :'-Be it further enacted, That tie',-aid Company be,
S. a Ith-' rey 'r rehv nahorisel to enter up o,aild. take posses-
1* 'e~6,f (tof land on'each s"e gai ; and rtl
a gll. '. i ," ..T andris E dedfre o. e~dv isted in saitf
Mill, ..- k. .
'. te, Tha 1 unable sai Com-
rawre.-a T1 ffet iAd lawu f.we Pt Ia ag
ii- j.i. -,ireetore of said i umttm a7 i:tlm, Mift: Li e
to bipon, or eoa se ,to ened, book for tepuI po e ol
r n subscnrpion3s"to~,i-rreae hoe. capital S-tock ul ;ard
Cimp-iny, if tim '-rne shoi'l'd be-neces_ ary.,
d{t)ec..10. -Be it farthler acted, That in Accomphshing the
Mo Ject for which said Companvus incrporpted. it shall be.lawful
ay fnte r said Contipany', by thF'1Pr.ilden and Dirctors theretf, or
tikepossession their properly -authorisd, agent, -to enter upon and take, pos- es-
ofland &c. Te- sion of any laids whatsoever, whether covered with wattr or
c sa.y. *-' o n6t, which may be necessary to the prosecution anti compie on
of the works contemplated io:nhis :'.c, or whereupon it mu bh
necessary to open any canal, or to-construct any dam, embalk-







U91
taeat, lock or other fixtures, intended or imlied by tiUs act-- cM
provided that no lands owned b: private individuals, shall-be I p~nsatio.
tatkeifor said purpose without adequate compensation. '*
Sec. 11. Be'it further enacted, That it shall be lawful for May atale m.
the President and Directors of said Company, or their properly .ci .. Ir&c.-
aitthorised agent, to take from any land inpon cunvenijLt to their
wjrks, at all ime.s, such tirber, Atone.' earth and 'oher materials,
1:s may be uecessaiv for the construction, of and, keeping ip.re;.
lair, saidwoirks ard improvement : ProiJdd, that nothing be.
longing lto private indivuiuals, --halLbe taken uithouA adpquto
co ,pPe _afion. ',,, .. W
?Se'c. 12. Be ifurnhher enacted, That whenever it;shal be-.
come, necessary for the -aid Cornpan) '' takepssessapn Iffand, tibe
+ '.- '+ l" o -.c. be owned
vse any laid, timber, s.ne, or or ter mqrenals, o i ned by pmtle I.vy,,iij.aLs,
individuals, for the route and site of thed 4a morks, or for the Cri ofs3riqudte
construction and keeping in repair the same, or .y part thereof, daminum to iS-.
aad the parties do not agree upon the value of the same, it shall sue.
and nmay be liT ul for the 'Presidlent and Diiecjors of the s id
C'onup4ny, qr their properly authorized ageir, to apply to te
juidgeof the cp94unycour, of the county ia which suph landed;,
:timnerstone or otbqr'material# lie,for a writ of d'quodfnornitrf
direcret to the .erjg m.marshal, or othlir qffcer of said county
Sproperlv qualified 'o ~'summon ive diifiterested persppn oflaw-'
,ul age, and housekeeyecs, to meet and( valr~e the said& property.
on oath, tb lib adminimlered lo them, i the judge, sherid inar-
shal 'qr other o.flcer, summoning (hf sam ie, bhose duly it shall
be to attkeld said inqqest ig person and receiv.e'their report, and.
also' receive from ihb'President and Directors 9f-aid Company,
or their gient, the sum or sums ol"'oney andjadged.-by said re-
'part and to pay over the same to the person or persons atit4r-
ised to reoeive it, apdto take an acquittal for the same; andauii
til:payment i"nade to the marshal, sheriff, orothe- officer, a-
foresaif, of te s~y~ anardcd, it shall not he lawful for the sai.
C'omrapy ko tVke possession or g ue.stu.sh tiber, land, slone,
or other materials ; and hill the e ipense q cufkd in the exeui-,
tion bfr lg Vrit of ad quod damumi, sh pany, h~qt the ppraisers .shal not reserve 'tore ia one dojlar
epc.h per day, whUil'engaget in such 4uty..' ', .
S'Sc. 13. Be it further enacted, Tpt.aU. property so assessedAl property
and paid for by the President and Directors of said Company. assessedd to
or thgr agent, a'greeal4@E to the promiiions of this act, and all htlong to cori
purchases made by, and iaoations made to tqerlshl forever pany.
after belong to and become the property orftbe said ompay4
thptr successors and assigns iii f9 simple. :
Sec. 14. Be it further enacted That the iident andPDi.
-rectors of said Conpany shall be aqthorsed to agree upon such Rates of toll to
rates of toll, for the usp of such navigation, as they may deem befixedbycoxm
reasonable *and so soon as said canal halfhave bi conm suia- pany.
bte for navigation, the said Company saal be entitled, to demand








and receive tolls upon-all produce, go ds, merchandise, or other
t. articles; and upon ll yea-el,, boats, or other craft, whith may
ahall I b -. he transported upon, or pass' diu n or up the sai canalhof said
stl.'d; Company; and'the said Company may, from time to time, as
circulnirance may require. change & alter said rates of toll &
feeki'rProaVitd', thhar no alhefation, which may increase the rates
af:tbllstiWhatei i fecl until three nmonthts previous notice, thete-
ietrtri-en-iit mn'one of thi public
o nepapwrs prniiled at Tallahassee, tbr three months successive-.
.lija.frL's.aid .'omp"ny shali continue to re.'ive and' collect
suecBlls'and'l'ee, as th-y man.r from time to inr- establish, 6.
lon"g u said naviniinon shali be kept in nfti 'i,.n: order for the
tMSportation in: boat as aforesait ; and all produce, zr.odt:
mnerhandisd, boats, and othdr articls or things, which may be
tran.poried or copeveff upon said canail. -hall be liable for th'e
tollp and fees RIW'thich they .are re-pt E'u11ly chargeable.
Sec. 15. Be it rirtier enacted, That in case of refusal or
S-raseor f~e neglect to pay ikh' t.rl. at the uine of offering i.. pias- through -aid
L~p I. py (lcahl, and pretijz- to' pissing through tht?'same, be colleciu.,r of
b.:.t 'ima" tIil may la fullly refuse pasige ;' and if any bodfor other v,--
cuzed"an" set should pa-s ii hout pauag the toll, ithM the collefRI. or
other officer, may pursue andiseAe surh' vesSel wherever found,
,at anytime within two days, 'aasell dib shame at eullue aubniit,
foartrsd money, t which, so'far as'is needsSitry, shall be applied '
towards payi-g'aind toll, anti all erpesries of seizure and oald,
'anfflhebalande, if ans, *hall li~jaird to tlhe-owrier; and' tbe cap-
tain, ofier or master ul anytboat or venel or flat, prmsiag, or.
aaenipting piipass, thi ough said canal, and likewise the boat,
'Captaioc- veso elf or fdaizself, chrill seve~&ly.be liable to th6epayment of ady
the penalties penalty, antdlikel se to all damages which may accnre in con-'
for infractions sequeiee of the violations of any of the protii-has of this act,
ofregulations. or any or the rules and regulations of the Pi"'rident and Direc-
tors, duty nade aid pubth.'id, rrgolaring, ter saia" canal, tie'
navigl or, Lruughot thie cpllebti6in of tools thereon : Provided,'
at dSlEhing hereihkroditained;~lfi- be sb construed as to affbw
the &Ai&omfi to e.a'eia any t oll on'arnooni ep tofilRddbtde'
log.antwin Tfom, or cotiring uptuop pan or pgbnt of either Wis
said rivetu, r aai'd baylo: here (hey at pre'sht aftfhd safe ot-
I atn b.r boats drawing ejhite inches of atfer.
S 1 .''* ," "r
2 yer-e S'ec. 16. Be it further enacted, That after the etpiraliona
itoer of two years Iroin the time that said Company shaltlbegin to rd'
stated. ceive lolls or the use of the sail navigation, it shall be the ddtl
6f the President and Directots of said Company,so to regulate
the rate of toll, as that, after defraying the costs of repairs, su-
perintendance, and other expenses incurred by said Compaay,
the ueti dividends or profits thereof shall not average more than
thirty-three and a third per centum per annum upon the amount
actually expended in the execution of said work.








Sec. 17. Bo it further enacted, That it shall be the duty Of Canal to ir
the said Company to commence their works for the construction commenced
of the said canal, within the timie fixed by the act of Congress, within imue
approved d I larch, 1581, authorisaing the Territory of FI;lrida, fied by con-
to open a canal through the public lands between Chipola river gres.
apd St. Andrews Bay, in West. lorida, and shall ermjiplie die
same within the time fixed by saiai act; and ifhe said % or'kl.ball Charinr, how
not have been commenced within the time ;lbresaid, or hn ing forfeited.
been commenced, shall not be completed u lhiin the time 'iore-
said, or, if after the said works shall have tI-. n ; ompleted, ihey
.shall be permitted to go down, and remain f;.r the term of o.mn
year, without a suitable attempt to repair or put the smine'in good
order then, and in either of these eveiits, the-said Corporation
shall be dissolved, unless some unavoidable cause he shown in
justification. -
Sec. 18. Be it further enacted, That it shall not he lawful Canal shall be
.*public : bigh-
for the said Company to ask, demand, sue.tor, and receive any 1y for use f;
sum or sums of money for toll, upon any property of the United U. S.
Slatis, oi~mike any charge whatever against'persons in the .er-
vice of saitd loernnictii. Iip.ii public business, but the said ce-
nial sh.. be and liort-\i irenijii a public hibhway for the use of
the government. of the Unitdd States.
Sec. 19. Be it f irther enacted' That after the said canal
sllbII have been corimpli-rd, the said Compaiy shall give public CompanTbl"
notice of the fact; and if after that time, any vessel or bo1t, or for lamabce
anyvgo s. wares and mercharidise, shall be injur:ld or damaged
6b re aat ot any imperfectioiin said canatia; bt eason of the
n' glierice of any of the officers'of said 'canal, the Company
shall b; liable to pay all damages sustained by; said boat dt ves-
sel.
Sec. 2, Bee. it further enacted, That if any person shall Penalty for in-
wii(ully do, or ca se to be done, any injury to said canal, or any luring he ca-
of the works appendant or attached thereto, or shall in anywise the works.
obstruct or impede the navigation ot'oih same, such person so
Aoending, shall be liable to'bb indicCed, and on conviction'thereof
toil pqtnished by fie alnd Iniprisonntlni, andIn all such prose-
cutions any officer or rto kholdr shal be dlemned a competent
xiitn? ,.' *. ..
Sgp. 21. Be it further enacted, That this act shall be liber- Act to be libec
lly contqegd pose of parrying into c itO-t h object. thhereot.

Passed Feb. 3, 1832.
APrrOVED. Feb. 10, 1832.









No. 5j. An ACT for the protection of the Fisheries on the Coasts o.-'
Florida, and to raise a revenue therefrom.

Z'ovessel shall Be it enacted by the Governor and Legislative Council of the
he employed Territory of Flor da, That from and after the first day of May
in, nor shall a- next, it shall not be lawtul for any vessel, boat, smack, or other
nypersontake craft, to be employed in catching or taking any fish or turtle, or"
fish on the c
coast, &c.with for any person or persons, to catch or take any fish or turtle, on
out license, the coast, or ih any of the seas, bays, rivers, creeks, or harbors,
or adjacent to any of the Islands or Keys of this Territory, with
intent to carry the same out of this Territory, without first
having obtained a license, in the manner hereinafter directed-
reinatty on per and if any person or persons, shall so catch or take any fish or
ols :io employ turtle as aforesaid, without such license, or shall carry or attempt
to carry, or sell or dispose of any such fish or turtle, for the pur-
pose of being carried but of the Territory, or shall receive into
his or her possession, or on boaid his or her vessel, with intent
to carry the same out of this Territory, any fish or turtle so
caught or taken, without such license every person so offending
shall be liable to a fine of one thousand dollars, to the use of the
Territory, for each and every such offence, on conviction thereof
vessel to be in any of the Superior Courts of this Territory; and the said
Seteid. vessel, boat, smack, or other craft, her tackle, apparel and furni-
ture and cargo, shall.be forfeited to the Territory : Provided,
that nothing in this act conti ined, shall be so construed as to pre-
vent tae catching of fish or turtle in the waters of this Territory,
for use and consumption therein, or in any of the United States.
Commission- Sec. 2. Be it further enacted, That the Governor of this
ointd.e ap- Territory shall appoint at such places, as may be necessary. one
or more commissioners for the protection of the fisheries of
Florida, who shall be authorised to take bonds, and countersign
and issue licenses granted by the Governor, and to direct prose-
cutions in the name and on behalf of the Territory, for offences
To issue licen against this act, as is hereinafter directed, ard to receive the
ces, receive
,aony &c. nett amount of fines, penalties and forfeitures recovered for the
Territory, and who shall receive therefore the fees and emolu-
ments hereinafter allowed ;' such commissioners to remain in
office for one year, subject nevertheless, to be removed by the
Governor; and shall also give bond in the sum of ten thousand
iTerm of office dollars, with security to be approved by the Governor, payable to
'b" the Territory, & conditioned for the faithful performance of the
duties of his office, and which shall be filed in the office of the
Secretary of the Territory, and prosecuted when necessary, by
order of the Governor.
Licenses to I t Sec. 3. Be it further enacted, That the Governor shall be
issued by go- authorised to license any vessel, boat, smack, or craft, to be em-
vern:- played in said fisheries, upon the application of the master o:
owner thereof, and upon the said owner or master entering intm
bond to the Territory, before one of the commissioners afore-
said, with securities, to be approved of by said commissioner, ii,








the.sum of two thousand dollars, conditioned that r.o person on
boaraaid vessel during the continue 6f said license, shall B s to
vigate or neglect to fulfil any ofthe -rvisio-siofthis act, bhich ien, ad con
bond shall be forthwith filed by said commissioner, in the clerk'syaition thereof
office of the SuperioriCourt for the tstiit in which the sare is
given, and which-license, unless.surrendered or -efoited asheke-
inafter specified, shall.imain8lforcAtfor one yefr from tbetrime
of issuing the same, and nol-figr; and the Godv(dnor shall for
this purpose, sign and place with.each of the commissioners, and
take his receipt therefore, and fo which said commissioners shall
account, as many lankicerises as he may deem necessity, to
be filled up and iiued by said commissioner as aforesaid.
Sec. 4. Be it further enacted, That the licenses issfied br Licences, to
virtue of thiaact, shall contain .a particular description of.the cotain" pa1
vessel licensed, and a speci 'titon Qafte nd es'of the owner, ticua of escr
master and company.of sai vessel5, 1t ai d residence, and &c.
whether citizens of the United Statesa ` L ot.er*e-and on trans-
fer by any ,ofthe owvnerof said.vesset,.or of any portion teof, Tansfer of
.iUr ohl b .tkemiaster, or any of the company re he vessel to be
.amie sFire fo ith.re orted to .a commissioner, b'efors aid fjiduced on li-
veael-iaagaiq employed in said fisheries nd.a certificate of the cence.
same endorsed,.thereon and signed.by him, and on failure there-
of, said license shall be forfeited dnd void, and said vessel'nd
the persons on hard. thereof, Tiahle to all the penalties..pd'for-
feitures by this'actcreated.
SecS. Be itfurther enacted, That said.commissioners.may License mo
exact eom every vessel, not A'olly and'entirely owned and na- ncy.
vigatfd h, itize.osofthe United.States, and the grsons on board
of which, employed in fi-l-ing or curing,fish, or taking 'urtle,
shall not all be citizens of the United States, or of this Teri-
tory, the n'of fiveihundred dollarsannualy, privilege money,
for such- 'cense,3to bbpaid. to bhe commissioner issuing the
same, before te .same is granted ''- ovided however that any
license may be surrendered.duriog.the continuance thereof, upon
payment bf;al ariarges up to i'dildta.bfihe uiirrender.
e .e.. 6 IEe.it.lrther enac & Thlt a cnrgIsMsioer shall be enee, eof th
entitled to the lullowingJs beaa lmen ents t-wit "Ten del- commissioner.
lars Ibi erey roeip tLessel. "nsi ,illar Io'- every American
ve 'taking bod and .ssiicense therefore; ahd oa
db vry separate:endo mention the hcense of an) for-
eign vessel hd ten.cents for.such endorsement on the license of
an Amierican vessel; and .ten percent on the nett.amount paid
into the.Treasury, of all-privilege money collected by him, and
on the nett amount received.into the Treasury, of all fines, pen-
alties and forfeitures, after payment of costs and charges, prose-
cuted and recovered.by him: .Provided, that in proper cases, the
court shall decide, on motion,,the amount of said ten per cent,
shall be equitably divided between a former commissioner, or his
lagal representative,,and. his successor.









Dis. Atty' Sec. 7. Be it further enacted, rhat the District Attornie&
stad conduct of this Territory, shall 'conduct all prosecutions mintittuted.by
suits, his fees virtue o{' this act, under the direction of the commissioner wo
&tc. ordered lic same to be instituted, or his successorin dffi'ce, an.
shal 'receiveithe su-i "f t(nty-five dollars for his services, in
c'ahiarnd every'aa- n~hehre a penalty or forfeiture shall be recov-
ered anid received into theTrasury, payable out of the same;
Assistant .uid sU b co0mmissinner sliallI. i' 'i deem it itcessary, employ
counAl. i-ch aO Vr counTI, as he ma think propertoassist in prosecu-
ting said ir.l.:.rmai.:.i. and the'iounscl so etnployed, shall be en-
tillelo receilo g uch reasonab lecomnsatiiL for his services as
such commFssioncr Tmay Jtink proper to 9*iAv; and the other
t. liers':of'Jaid &ourt shil'i'ave and receive, out of the proceeds,
Efes such reasoia't fees as'are allowed them for.simily services in
other Buit in said cou rt.' he 'ta.d by the court; and in all
cases of unsuccafi rdfyfience ini'ao suit or prosecution, either
inaerson mn, or in ri ,Flhe fees and costs of the District Attor-
iSfti d other officers, shall be taxed 'aid collecte'4 byjudgment
Tobetaiefea- ad eco, or attachment in said suittr. i tchid fenid-
ains defend- htor respondcna, in addition to the idnalt ,iy r8ure recov-
ered ,*bit no rnarSha,"or dep marmarshat shale 'allowed more
thain one Idlar per ay, for the care of 'any-vesselwhile in his
1etit 1 "d.
S q S. Be itforthbr enaeted, That dffenles against this act,
Alloffencesby by nWiduals, and punished by fine, are' ect~red misdemeanors,
persons declar and shall he prosecuted by indictmentin any of the-Superior
cd miscdeman- Court o ti .or su+d I-
San os- Court of this Territory, for the Districtvwherein smad offence
ect;ud by in. was c6 ittiittedtand on which the commissiblzr prosecuting the
dictment. same, shall be endorsed as prosecutor, and no indictment shall
be'discodritiued by'any District Attorney or Commissioner, with-
out pplidation, in wilting, and leave granted by the governor-
And prosecutidhs against all vessels, oats, 'smacks, or other
braft, or their cargoes, fo,'violations of the law, shall be com-
mineuctd'by petition, in the nature of an information orlibel' to
the Judge ot "the Su.erior.Coit aforesaid, iichshall set forth
generatHy the Cuse ofihe;rahc4re of said p iperty, kh hall
prosecutions be sighed by the District'Atotreyiorbis deputy;'filing the same,
Sguainst ves- aiddtothe ttruth Whemof si commissionerr prosecutingshu.1
nature 1-a-uke oath according to his'lflief, and file the same with t; e
dmiraity pro- clerk of said court, and thereupon said clerk shall issuja writ
.,edings. in the-nature of an attachment, similar to the writ issued'pon a
libel filed in aamirality, and a monition,or-notice to all concerned
in said property, to appear before said Court, within twenty'days
and ansiver said petition, which attachment shall observed by
the marshal or his deputy, by taking said property into his pos-
session, and giving due notice forthwith ofsaid monition, by put-
tinm copies thereof against the masts of said vessel, and in five
public places in his district; and if no person shall appear withii
twenty days and tile his defence and claim, in writing, with tlh







[951

snid cierk, the said petition shall be taken as confessed, and tire
said clerk shall, within three days thereafter, enter a judgment dr
decree of condemnation, on the same, against the property
mentioned therein, and if said property is unsold, shall issua'
process of execution, therein directing said marshal or deputy,
to make sale thereof, within five days _terenfter, at public auction
and pay the proceeds of'said sale-iito court, on the first day of
the next term thereafter, to be distributed and paid according to
iw, under the direction of the court: and if acy person shall
appear and make defence to said petition, and file his or their
answer thereto, and claim to the property libelled, within said
r.venty days, the said District Attorney shall, within five days vessel maybe
:hereatrer, file his replication thereto, and the said cause shall sIld on appi'-
: tand continued till the first day of the next term of aid court, cation, befuo
when the same shall be tried, unless postponed by order of the trial
court, and for the trial of any issues of tact in said cause, the
said court shall direct a jury to be called and sworn without
wi t, to *ry said issue and render verdict thereon under the direc-
tion of the court: Provided however, that itrshall be liwfil for
the commissionerlirecting such suit, or any other person inter-
ested, to apply to said court ex parte, after the filing of said peti-
tion 'or an order for the sale of such property, and on reasona-
ile cause being assigned, the said court may direct the same to
be sold by the marshal, at such time and place as the 'said:court
may designate, the proceeds to he paid into court to abide the
decree of the Court, and it shail also be lawful for any master
or owner, after answer and claim filed by them to said petition,
and by giving bond for double the amount of the value of the
said property, to be estimated by said marshal and two respec-
table citizens, called by him to his aid, with good security, ap-
p:roved of by said marshal, which bond shall be payable to the
territory, and conditioned for the payment of the value of said
property so estimated as aforesaid, and all costs and charges to
the marshal, for the use of the Territory, in case said property,
or any part thereof, should be condemned by said court as for-
feited, on the day judgment of condemnation ia entered, then
the marshal may release said vessct4o said obligor; and on fil-
iug said bond with the said clerk, and on failure to comply with
the condition thereof, said clerk shall, under the order of the
court, issue his execution, reciting the facts aforesaid, to levy
said amount and costs against said obligors as in ordinary cases
of debt.

See. 9. Be it further enacted, That the commissioners and Commission'
their respective agents shall, in all cases, be good witnesses in or aent, corn-
any suits and prosecutions, informations. libels or indictments petent witness
nrlder this act, and that the testimony of witnesses in prosecu- Testimony
;ins in reci, nmay oe taken mvra voce in court, on the trial, or up- may be taken
:'i notice, by deposition, under the order of the court, whenev- viva voce or
by deposition,







E*63
er reasonable cause is shewn therefore, and where any witnesses
Ap f reside out of the Territory, by commission as in civil suits.
.Suerior urt Sec. 10. Be it further enacted, That any party, defendLnt
to curt of api' or claimant, in a prosecution in rem by virtue of this act, shall
peals. b% entitled to appea'lo the court of Appeals, fr im the final judg-
ment of saidcSperlor eut, at any time within six months after
,the rendition of the Judgmiqt of the cou.-t below, on entering
into botd with'ecurity, to be" approved by any Judge of the
Courl of Appeals, conditions to pay alLadditional costs which
may-accrue in said court of' ".pceal, should the decree .of the
Court btw be affirmed.

This act to be Sec. 11. Be.t further enacted, That if any commissioner,
given in ei- or other Oerin, be prosecuted for any thing dar under this
dence on suits ,.
against corn- act, he may plead thegeneral issue, and give this act in evidence
iissioner &c. in bar of .said ctt --Provided, said commissioner, or other
jteBon, has reason le or probable cause to suspect a violation
.of.-iis act, and no suit, or prosecution, or indictment,. shall be
discontinued by-rdason of the death, resignotiop or removal of
.any commissioner, but the same shall be *osecTeted to final
judgment, by the DWtrict Attorney, under the direction of his
successor.
Master ofres- '.S9c.. 12. Be it further enacted, That i.the master, o' per-
sel shall pro- ;soqa ving chirgelof any vessel found in. he waters of Flori-
wuhen dene' d., having fish or'turtle onfboard, of the ki d usually caught in
-ded, orbeliabe -said-waters, and.shall not produce to the-commissioner or his
to seizure, agent, demanding the same, a license in force, according to the
provisions of'this act, such vessel, and ever person on board
thereof, shall ihetdeomed primajacie, to have violated the sev-
eral provisions of this act, and shill be liable to seizure there-
*for.
Sec. 13. Be it further enacted, That the commissioners
Comm'r or a- appointed by virtue of this act, may depute one or more agents
gent, may under their hands, and it shall be lawful for such commisaidneis,
violtin estLh or their agents,to enter on board any. vessel suspected of being
-act. liable.to forfetuie,-aad:seii-e the same, and'"ake it;&ithin t~i
rqach of the process ofthe-court, and detain the same until pro-
Penalty of C. essllnbe servedthtereon; and if any person shall obstfuct,.or
s;ructing or molest,'orhinder such commissioner, or agent,,rc person called
hinderingther. to theiraid, in the execution of their duty, they shall beguilty of
a misdemeanor and be liable to a fine, not exceeding one thou-
sand dollars, and imprisonment not exceeding one year, at the
discretion of the Cotrt.
r Penalty for Sec. 14. Be it further enacted, That if any vessel frequent-
trading with ing said fisheries, and the persons on board of which, shall trade
the Indians,or -with the Indians on the coasts of Florida, or employ any such
employing Indian, as a fisherman or mariner, or in curing said tish on board
theian fsh'n said vessel, or on shore, or shall take them on board said ves-ci,
the said vessel shall be forfeited, and the person so trading wijt







[ETY

such Indians, shall be liable to a fine of five hundred dollars, tb
be prosecuted for as is directed with respect to other fines.
Sec. 15. Be it further enacted, That the commissioner or Cornm'r sr
co nmissioners, appointed by this act, shall make quarterly re- to treasury.
turns to the Treasurer, of all licences granted, and all monis
received by him for privilege money, fines, penalties and for-
feitures, under this act, and all prosecutions instituted, and shall
pay the same yearly, into the Treasury, on the fist day of, De-
cember, and fpr that purpose, he shall be entitled toleceive the
same from the clerk, marshal, sheriff, or other officer.
Passed Feb. 11, 1832.
ArPROVED Feb. 1*1832,





No. 58. AN ACT to incorporate the Leon Rail Road Company.

Sec. 1. Be it enacted by the Governor and Legislative Council cei'rs.b to r
of the Territory of Florida, That Benjamin Chaires, Samuel H. tions appoint.
Duval, Miles Blake, James S. Linn, WV. G. Burgess, Richard ed.
Hayward, W. L. Haskins,Robert Sturges and George Hamien,
be and they are hereby appointed commissioners under the di-
rection of a majority of whom subscAtptions may be received, to
the Capital Stock of the Leon Rail Road Company, hereby in- Books to be ce
corpoeated-and they, or a majority of them, shall cause books pcned.
to be opened on the first day of March, one thousand eight hun-
dred and thirty-two, in the city of Tallahasse, and in the town of
Magnolia, or at any other place or places within this Territory,
that they may direct, and remain open for twenty days, for the-
purpose of receiving subscriptions to the Capital stock of said
Company, during which said twenty days, no one person shall be
permitted to subscribe for more than fifty shares ; and if at the
expiration of that period, the whole amount of stock authorised If whole nqt
by this charter, shell not have been obtained, the said commis- subscribed for
sioners or a majority of them. may cause the said books to be within twenty"
opened from timd to time, at such times and places, as they may ma becontis
direct, (after the, expiration of the said twenty days,) for the tedoen.
space of twelve months thereafter, or until the amount of stock
authorised as aforesaid shall be subscribed, (if not subscribed,)
and in all cases, at least twenty days, notice shall be given of
the time and place of opening books as aforesaid, by advertise- fom'r. die
ment, in one or more of the newspapers printed in Tallahassee : resign e or
And if any of the said Commissioners shall die, resign, or refuse
to act, during the continuance of the duties imposed upon them
by this act, another may be appointed in his stead by the remain.
ing commissioners, or a majority of them.
Sec. 2. Be it further enacted, That the capital stock of the









said L-oin Rail Road. Company shall 1be one hundred thousand
Capital stcck. dollars, in shares ,o one bundlied doil:rs eaach;.any part of which
may be subscribed ior by any corporation, or by individuals,
which remain unsold iafer the fir.t twenty days as provided in
thp first section oft hs act; and that as soon as twenty-five hun-
dred [two hundred & tifty]. shares of the said capital stock shall
be subscribed, the subscribe-i oi the said stock, their successors
and assigns, sha be, and they are hereby.declared to be incor-
ubscribers de porated into a company, by the name and style of the Leon Rail
lared body Road Company, and by that name 'hall be capable in law of pur-
corporate. chasing liuii-'.seling, leasing and conveying estates real, per-
sonal iad th:i'..i. so far si shall be- necessary for the purposes
hereinatter mentioned; and no further; ;and shall have perpet-
ual -urcession, and by said corporate name, may sue and be
sued, and may have and use.a common seal, which they shall
have power to alter or renew at their pleasure, and shall have,
enoy, and. may exercise all the powers, rights and privileges,
which other corporate bodies may. law ully do, for the purposes
mentioned in this act.
Sec. 3. Bait further enacted, Thatupon every share sub-
.Payments of scribed for, there shall be paid at the time of subscribing, to the,
h. S and when commissionerr, or their agents appointed to receive such sub-
to be made. scriptions,-one dollar, and the residue thereof, shall be paid as re-
quired'.y the President and Diiectors, by installments. not eq-
ceeding one quarter of the amount of subscription every ninety
days-and no payments shall be demanded, until at least sixty
Forfeiture cf days public notice of such demand, shall have been tiven by the
stock. President and directors, and if any subscriber shall fail or neg-
lect to pay any instalments, or part of said subscription, thus de-
manded, Ibr the space of thirty 4ays, next after the time the
same shall be due and payable, the stoqk on which it is deman d-
ed, shall be forfeited to the company, and may be sold by the
President and Directors, for the benefit of the company-but the
President and Directors may reitf any such forfeiture o. such
terms as they shall deem proper.
Stock be not Sec. 4. Be it further enacted, Tha.l if the,subscription here-
subscribed for in made necessary to the incorporation of the said company,
within twelve shall notba obtained within twelve months, after the first opn-
.months, char- ing of the hooks of subscriptions by the said, commissioners,
mad this act, and all the subscriptions under it, sh.a~ be null and void;
and the said commissioners, after discharging the expenses of
opening the boot:,, shall return the residue of the money paid in
upon -ubscriptiol.s, to th' sevcr.;l subscribers, in proportion to
th:e sm, e-espectively paid in by thlnm.
dec. 5. Be it fuliher enacted, ihat as soon as two hundred
inoe asue a hnd fi;ty A-hares shl: n: ve been sut:-bcribed for, (itf within twelve
bers,and elec- miuntils after the uluioK are l'rst optited,) the said commissioners
tion of dir'ctrs
*This a ei-ldeatl a clrical wiistake--Er.









ora majority of them, shall call a general meeting of the subl
scribers, at such timqas they may see proper, in the city ot'Tar.
Iahssee, giving at least twenty days public notice thereof, and
at duch meeting, the said commissnbners shall lay the subscrip.
tion books before the subscribers, then and there present, and
thereupon the said subscribers, or a majority of them, shall elect Ratio of vof
nine directors by ballot, to managathe affairs of the said com-
pany, which directors when so elected, shall receiveall the books
and money in the hands of the commissioners, belonging to
the said company, whereupon the duties of the said commis-
sioner shall cease; and the.said nine directors so elected as a-
foresaid, or a majority of them, shall have the power of 'elect-
ing a President of said company, either from among the direc-
tots or other% ard of allowing him such compensation for his
services as they may deem proper, and that at said election, and
on all other occasions wherein a vote of the stockholders of
said company is to be taken, each stockholder shall be allowed
to vote in proportion to the stock by it, him or her respectively
owned, in the following manner, viz: for every share not. ex-
ceeding two shares one vote; for every two shares above two,
and not exceeding ten, one vote; for every lb ir shares above
ten, and not above thirty, one vote; for every six shares above
thirty, and not exceeding sixty, one vote ; for every eight shares
above sixty, and not exceeding one hundred,- one vote; and for
every ten shares above one hundred,one vote-and every stock- po::ie:
holder may depute any other person to vote and act, for it, him
or her, as its, his or her proxy, and in this way shall all votes be
given by the stockholders-Provided, that no one person shall
by virtue of the ownership of stock, by proxy, or in anv other
way, be allowed to give, at any time, more than two fifths of the
number of votes on any question, to be decided by the stock-
holders; anl the commissioners aforesaid, shall appoint the
judges from among themselves or others of the said first elec-
tion of Directors.
see.C 6. Be it further enacted, That the said company shall
have powerto enact a code of bye-laws for its government, Byelaw;:r
which said laws shall be valid and operative in all eases, provid-
ed.said I'aws are not inconsistent with the laws of the United
States, and of this Territory.

Sec. 7. Be it further enacted, That thc.a.Qd company shall, Annuma eld c
at such'time and place, and under sach regulations, as ihey may t :1 of direc-
in their bye-laws prescribe, hold annually an election tor a Pres- to;s.
ident, and as many Directors as shall be requisite for the man-
agement-of the business of said company; and the said Presi-
dent and Diret tors, when elected, shall have power to appoint
such subordinate officers and agents as may be necessary, and Appointment
shall be capable of exercising such powers and authorities for of officers au'
the wll govecain anu dgud order of the a4aik of the said agents
At









company, as to them shall appear conducive to its interests, and
the public good. 01
Grant of right nec. S. Be it further enacted, -That the said company abl
to construct have the right, and the sam'is hereby fully granted to theid, to
Rail road from construct a Rail Road for the transportation of produce, goods,
Tallahassee to merchandise and all other articles whatsoever, and for all other
t. arks C useful purposes,from the city ofTaliahaassee,'t Fort St. Marks,
or to anv point or place on the nver St. Marks,or Waculla ; and
for this purpose, they may commence their works at any point
or place in, or adjacent to the city of Tallahassee, which may
be best suited to the accomplishment of their-object, andppr-'u-
ing such'course and direction with the game, as may be deemed
most advantageous by the President and Directors of the said
company: Provided, the said company shall it all times, keep
suitable and confcnient fixtures for vehicles of every kind, to
cross said Rail Road, wherever it may be necessary for county
or neighborhood roads to cross the same, and in no way to in-
terfere with the present established roads, without the like fAi-
tures, or as convenient a road at the expense of said company.
Sec. 9. Be it further enacted, That in constructing the said
Rail Road, it shall and may be lawful for the said company, by
May enterup- its President and Directors thereof, or by its proper authority,
on land neces- to enter upon and take possession of any land whatsoever, which
sary &. may be necessary for the completion of the work contemplated
by this act; Provided, that no land shall be -taken and appro-
Proviso. priated to the purposes aforesaid, withbott compensation to those
owning the same. 'I i
Sec. 10. Be it further enacted, larit shall and may be
May take and lawful for the President and Directors of said company, or their
use stone 4-c. properly constituted agent, to take from any land, most ronven-
lent to said Rail Road, at all times, suvh'timber, stone, or other
materials, as may be necessary for the construction of, and
Proviso. keeping m repair the said 'Rail Road : :Provided, that nothing
belonging to individuals shall be taken without adequate com-
pensation to be determined in the manner hereinafter provided,
Sec. 11. Be it further enacted, That whenever.it shall be-
Value of land, come necessary for the said company to take possession of, and
timber, stone use any land, timber, stone or other materials, owned by private
4.- how aseer- individuals, for the route or site of said work, or for.the con-
tained, ifown- struction or keeping in repair the said works, or any part thereof,
er and compa- and if the parties do not avree on the value of the same, it shall
green, and may he lawful forthe President and Directors of the said
company, or their properly constituted agent, on giving ten days
notice at lear t, in writing, to the party owning: the same, or to
his, ner or their agent, to apply to the judge of the County, or
Superior ,ourt, for a writ at' ad quod darnum, directed to the
Shl.iff, M.r-ha;, or oiner officer, to summon five disinterested
bouecholders of lawful age, to meet and value the said property
on oiau, to ue administered by the judge, marshal, sheriff or vt







[9I

;r officer summoning'therame, whose duty it shall.be to attend
in person the said inquest, and receive their r-port: and also to- o tender of
revive ihom the said President and D rectors, or their agents, stun awarded,
the'lum or sums of money awarded by the persons sum >oned company may
as aforesaid, and pay over the same to the person or persons enr., make use of
titled to receive it, and to take an acquittal or refusal for the land rc,
same; on tender of the sum awarded to the party entitled to
receive it, or to his, her, or theirlagents or attorneys, it shall be
lawful for the said company to take possession of, and use any
such land, timber, stone and other materials, but all the expen-
ses and cost incurred by the writ of ad quod damnum, shall be
paid by the President and Directors of said company; Provid-
ed, that thf appraisers shall not be allowed more than one dollar
each per day, while engaged in such duties.
Sec. 12. Be it further enacted, That all property so asses- Property pur-
sed and paid for by the President and Directors of said cor- chased by or
pany, or their agents, agreeable to the provisions of this act, & given to conm-
all donations made to and for the same, shall forever afterwards qanyto be held
belong to, and become the property of the said company, their by them.
heirs, successors and assigns, in fee simple, in proportion to
the shares owned respectively.
Sec. 13. Be it further enacted, That it shall be the duty of Roammed be
i n ommenced in
the Presid~pt and Directors of the said company, to commence 2 years.
the work for the construction of the said Rail Road, within' the
period of two years fiom and after the passage of this act, oth.
crwise this charter to be null and void.
Sec. 14. Be it further enacted, That the said company Exclusive pri
shall have the exclusive privilege of constructing a Rai! Road ileges.
or Rail iRoads, from somd point at, or adjacent to Tallahassee,
to St. Marks, or to any point or placeon the Waculla, St. Marks Road to he
and Appalachee livers, tbr and during the period of 20 years,. Led in 5
from and after the completionthereof: Provided, that the said years.
company shall complete, or cause to be completed, the said Rail
Road, within five years, from and after the passage of this act,
and shall keep the said Rail Road in good and complete repair,
durir.g the period of twenty years aforesaid. T* of
Sec. 15. Be it further enacted, That any share-holders of swa e.
the said company, may and shall have the right to dispose of and
transfer his or her interests in the same, or any part thereof, to
any other person or persons; but the stock of said camoany
and all the property belonging thereto, or whch may from time
td time, be acquired by the said company, shall be held jointly & Property to be
and not separately ; Provided, that nothing in this [act] con- heldjoity.
tainted, shall be so construed, as to prevent the members of said
company, from using the profits and dividends, which may be
declared npon the said stock to his or her individual purpo-
ses.
Sec. 16. Be it further enacted, That the President and Di- TolleB fees
tectors of the said company, shall have a right to demand, atd









iteeive, such tolls and fees for the tranaspatation of goods,wares,
.0 e in. merchandise, produce and otherarticles bn.saic dRail Road,-as
crease to be may be from time to time established Jby the bye-laws -of O1
given. company ; Provided, that the tolls or fees shall not at any tfae
be increased by the Presidentand 'Directors of said company
without public notice duly given : and the said company shall
continue to receive such tells agl fees, as, from time to time,
ie for tolls. may be established b# its bye-ws, so long as the said RIK
n Road shall be kept in sufficient order and repair by thbaesd com-
pany, their heirs, successors and assigns, for the transportation
aforesaid-and all produce, goods, wares, merchandise and oth-
er ar.iceis abd things transported, or conveyed on the said Rail
Shall not ex- Road, shall be liable for the tolls and fees with which they may
ceei 12 1-2cts be respectively chargeable, and may be detained until the same
per cwo. be paid and Hischarged : Provided, that the tolls for the traspor-
tation of country produce, goods, wares and merchandise, to and
From Tallahassee to St. Marks, or to any point on the,St. Mark's
and Waculla rivers, shall nut exceed twelve and a half cents,
per one hundred pounds.
Ta n stock Sec. 17. Be it further enacted, That the Legislative Coun-
nty be impo- cil shall have the right, at any future session, to impose a tax
S not exceeding three per centum, go the'nett profits arising from
the stock of said company, and the book- of the said, companyy
shall be'subject to the examination of the Legislative Councit
Sec. 18. Be it further enacted, That as the company in<:or-
Surrender and porated by an act of the Legislative C toncil, passed the 9th
r, p f act of day of February 183 1, have relinquish d all interest or claim to
keb. 9, 1831. the benefits of the before recitedact, tfghsaid act entitled, "an
act to incorporate a company, a be entitled, the Leon Rail Way
Compapy be and tk e same is hereby repealed.
Passed Feb. 6th 1832.
ArrnovED, Feb. 10, 1832



0No. 5. A' ACT regulating the mode of suing out Writs of Error, and
prosecuti4g Appeals, in the Court of Appeals of the Territory of Florid.

Appeal frm Be it enacted by the Governor and Legislative Council of the
superior Oau(t Territory of Florida, j[hat if a party, in either of the Superior
Courts of this Tefritory, shall feel aggrieved by a'inaljudg-
ment, sentence or decree, made or pronounced by any or either
of said Courts, it shall aid may be lawful for such party during
the session of the i court at which such judgment, sentence or
ugpereicas. decree, is rendered or pronounced, or within ten days thereafter,
to-obtain in Court, if the appeal be made in term time, or in the
clerk's office, if it be iii vacation, his, her, or their appeal to the
Court of .ppeals of this territory, and an appeal obtained, shall
in all cases operate as a supersedeas.







[938

See. .. Be.it furthebenacted, That the party appealing, if Appeal b 'e'
plaintiff, shall give bond with one eo more securities, in a sum
suircient to cover all the costs which have accrued ot may ac-
crue ; and if defendant, a bond with one or more securities, in a
sum sufficient to cover the amount for which judgment has been
given, decree rendered, or sentence pronounced, together with
costs. conditioned that the appellant shall pay the costs, if plain-
tif or if defendant, the debt, images, ?r condemnation and
costs, in case the judgment, sentence or decree, of the Superior
Court shall be confirmed by the said Court of Appeals.
Sec. 3. Beit further enacted, That if the said appeal be ap- Appeal mrj-
plied for in Term time, the application shall be made in open be ta!(en i1
Court, and it shall be so stated by the clerk ofthe said Superior tie l'eri v
Court upon the record, and the appeal bond shall be approved of
by the judge; but if the appeal be applied for in vacatiZn, the
said appeal bond shall be approved of by the clerk, and at least
twenty-tive days notice of such appeal shall be given to the ap-*
pellee before the first day of the Term of said Court of Appeals,
at which said appeal is to be tried. .
Sec. 4. Be it further enacted, That it shall be the duty of Cbpyofreco~f
the party appellant to demand from the cleric a true copy of all he and
proceedings in such cause in the said superior court, and to file
said copy with the clerk of the Court of Appeals, on or before
the first day of the next succeeding .Term thereof, unless the
said succeeding Term shall commence within thirty days aher
the obtaining of such appeal, and then the said appeal shail be Appcal, whei,
entered as soon alter the first day of the next succeeding i' *rm dismissed.
thereafter of said Court of App.ls as will admit of twenty days
notice thereot being given. If the paity appoilant tail to ile the
proceedings as aloresaid, it shall be the duty of the-.aid, Court,
unless good cause be shewn, to dismiss said appeal, on the ad-
verse party producing a certificate from the clerk of the Court
below, that an appeal has bee nr ned, and a bond given as
aforesaid; and upon the receiptwl, order dismissing such ap-
peal, ceitifed by the clerk or thW said Court of Appeals, the Proceedinas
clerk of the Court below shall proceed to issue execution, as thercupori
well for the costs and damages which may have been adjudged
by said Court of Appeals, as for the debt, or damiag'e, or con-
demnation and costs, for which the judgment, sentence or de-
cree was originally pronounced.
Sec. 5. Be it further enacted, That it shall be the duty of D.'i OfjTde"'
ofclurt of an-
the Judges of the said Cotrt, on an appeal, or writ of error, to prals.
examine the record, to reverse or affirm the judgment, sentence
or decree of the Court below, to award a new trial in the courtt
below, or to give such judgment, sentence or decree, as the court
below ought to have given, or as to them may appear according
to law.
Sec. 6. Be it further enacted, That the said Court of Ap,
peals may order the record of the judgment, aemtence or decree









Decision, how appealed from, with their decision and4'etertuination thereon, mi
carriie inLo t :- writing,dulycertified,to be remitted to the said superior court, &
fect. the said decision and determination shall be carried into execut'n
by the'biicers of the said Superior Court, or .the said Court of
Appeals may award execution to caqry into effect its decision
and determination. *
Writs of error Sec. 7. Be it further enacted, That all writs of error shall
ito: sued ,c be tested in the namnlof the pMsiding Judge of the said CoJK
of Appeals, and shalissue on deti.and, as a matter of right,
from the office of the clerk of the said Court of Appeals. or from
that qf the clerk of the 'Court in which judgment has been ren-
dered; but no writ oferror shall operate as a'supersedeas, unless
by the special owler of the said court, or name judge there
made upon inspecting a copy of the record, and upon the plain-
tiff irfiearor, by himself, or a responsible person in his behalf,
eatq4i i the clerk's office of eier the Court of Appeals, or
thbe superior Court, into-a. bond in double the sum recovered in
lio'ourt below, or double the amount of costs, if the plaintiff
below be the plaintiff in error, with one or more sufficient secu-
VWhena rper-. cities, to be approved of by the judge or clerk of said court, con-
.*e.A| ditioned for the due prosecution of the suit in error; and in case
ofthe affirmance of the judgment, to pay the defendant in error
theocon security given as aforesaid, the clerk shall endorse on such writ
of error, that it shall be a supersedeas, fud the said writ and en-
dorsement shall be obeyed.as such, suspending all further pro-
ceedings in relation to said jugn.ent,'in and by the officers of
the said Superior Court.
Sec. 8. Be it further enacted, That the plaintiff in error an4i
Assignment ,appellapt hall file in the said Court of Appeals, his assignment
oferrors. of errors, within three days after the return of the writ. If this
be omitted, except for good cause -shown, the said writ of error
shall on motion of the defenj~n error be non pressed, unless
the said court shall allow C time. 0
Sec. 9. Be it further enacted That the clerk issuing the said
scire facias ad. writ of error, shall issue to the defendant in error a scire facias
ad. error. to hear enr.s, which shall be made returnable with the said writ
of error, y i s4eit be served on the defndantlin error, or if -said
defendanibe a non-resident, or be aot in the Territory, then upon
his legally authorised agent, or his attorney in the oourt blelw,
at least twenty-five days previous to the first day of the Termof
the said Court of Appeals.

6ec. 10. Be it further enacted, That all writs of error on
Limitation of judgments, in civil actions, shall be sued out and taken within
writof error. tw'yearm s from the date ofsaid judgments: Provided, that where
any infant., feme covert, or person non compos mentis, shall be a
party in any judementin a civil action, two years shall be allow-
ed to such infant, feme covert or person non composAnentis, af-







[951

tr the reseective disabilities are removed, in which to sue gui
tiis, her or their wr;t of error on any judgment as aforesaid.
6ec. 1 i. Be it furtuir enacted That the said Court of Ap- Pnwrsoi,-
peals shall have power to issue writs of mandamus, quo warrant of appeals.
to, prohibition, audit querrilla, habeas corpus, and procedendo,
and shall possess and exercise a general superintending control
over the Superior Courts, and the official acts of the officers of
t1* Superior Court ; and the sheriffs in tlh respective counties
in this Territory, in serving process and notices, shall have the from, ew
same authenticity in the Court of Appeals as in their own courts rcctedand lev-
respectively ; and process of execution from the said court of icd.
Appeals shall be directed to the marshals of the Territory, and
executed by the marshal of the district from which the sai, case
may have beea brought, unless otherwise ordered by the said
Court of Appeals.
Sec. 12. Be it further enacted, That the said Court of Ap. Rules of prac
peals shall have power, and it shall be its duty, to make all n3- tice for superi.
cessary rules for the regulation of the Superior Courts, as weP*or courts.
as for the Court of Appeals.
Sec. 13. Be it further enacted, That whenever it shall ap- Frivolous ap-
pear to the said Court of Appeals, that an Pnpeal has been taken peals,.
merely for delay, the said court may assess damages, not ex-
ceeding ten per cent for said frivolous appeal.
Sec. 14. Be it further enacted, That all laws heretofore
passed regulating the mode of suing out writs of error, and pros-
ecuting appeals in the court of appeals of this Territory, be and clause.
the same are hereby repealed: Provided nevertheless, that all
rights which have accrued, and all proceedings which have been
had under any former law, shall be and remain as if this law had
not been passed.
Passed Feb. 8, 1832.
APPROVED Feb. 10, 1832.




So. 6. An ACT to authqrise James Riz, toestablisha "rry aerosa
St. John's river, at a place called Picolata.

Be'it enacted by the Governor and Legislative Council of the
Territory of Florida, That James Riz, be and he is hereby Authorised to
vested with all the rights, and charged with all the duties of es- establish ferry,
tablishing and keeping a ferry at Picolata, on St. John's River,
and the said James Riz, his heirs, executors, administrators and
assigns, be and remain for the. term of ten years, vested ano
charged with. the rights and duties aforesaid.
See. 2. Be it further enacted, That it shall be unlawful for Eu
Uny person or peraona, whaatoover to.establi1 keep a ferry ilege.ivpr