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Laws of the Legislative Council of the Territory of Florida
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 Material Information
Title: Laws of the Legislative Council of the Territory of Florida
Uniform Title: Laws, etc. (Session laws 1834)
Physical Description: 1 v. : ; 21 cm.
Language: English
Creator: Florida
Publisher: W. Wilson, printer
Place of Publication: Tallahassee
Creation Date: 1834
Publication Date: 1834
 Subjects
Subjects / Keywords: Law -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
Dates or Sequential Designation: 12th session (1834)
 Record Information
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 18494328
System ID: UF00073403:00001
 Related Items
Preceded by: Acts of the Legislative Council of the Territory of Florida
Succeeded by: Acts of the Governor and Legislative Council of the Territory of Florida

Table of Contents
    Title Page
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    Titles of the acts, 1834
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    Acts of the legislative council of the Territory of Florida, passed at the 12th session, 1834
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    Index
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Full Text


LAWS





Legislative Council


OF THE


TERRITORTYOFrFLORIDA,


PASSED AT THE TWELFTH SESSQIO.


COMMENCING JANUARY SIXTH, AND ENDING
FEBRUARY SIXTEETrH, ONE THOUSAND
EIGHT HUNDRED AND
THBIRTY-TREE.



PUBLISHED BY AUTHORITY.



TALLAHASSEE.

WILLtAM WILSON-PRINTE.


1,S4al















Chap. 74C--No. 1. An act to amend dnact to provide for
holding an Election tor Delegate to Congress from this 'erri-
tory, Members of the'eaieslalive Cotzeii and certain other of-
Jicers-passed Feb.13th,.f838%
Chap.. 741-No. 2. An pet to amend "an act regulatingtlie
mode of proceting on attdehmnts. '
Chap. 7-12-No. 3. Aiact to amend "an act concerning
Executions."
CIurp. 743-No. 4. An act in addition to the several acts now
in'RoEse;"rtf atibg Judiciar proceedings.'
Ghk-44--No) 5. An act to aulmorise- SheriETs and Clerks
of Soper7orand County Courts t: ;iapint Deputies.
Chap. 745-No. An act to cstailisn a 'r;lii of Fees.
Cha:. 746-No. 7. An adt in addition to an act -crieerning
Wills, Letters Testamentary, Letters of Ahdnliiru;i-laior, and
the duties ol' Exceulors, administrators and Guardians.
Chap.-14'--No. 8. An act tormend an act, entitled, "an
act-to rteglate the ForeClosure of Morlgages by the Courts.of
Comm niLaw of this Territorv. and for otner purposes."
Chia. 748-No 9 An act i relation to Liena created by
Judmets. -.
Chap. 749-No. 10. An at concerning the authentication
of Conveyances. .. t Vfct
Clap, 750--No. 11. An'act directing the mode of institu-
ting Suits augaiat Corporatiibs..
Cha).-75f-LNo. 12. An act to provide for the correction of
an error in the puolicauion of ilte Statutes of lb33.
Chap. 752-No. 13. An act concerning Patrois.
Chap. 753-No. 14. An act in relation.Ao trading wvith
Slaves.
Chap. 754-No. 15. An act to repena an act, entitled "an
act to provide for the collection of Judgrments, against Free
Nefroes and other persons tiertin named.
Chap. 755-No. lit. Ain act to impose a tax on :he pronrie-
ters or exhibito:s Wif Circusses and otui'-r Shows of aulnuscmnie:
in the"'erritorv ot Florida.
Chap. 756-No. 17. An act concerning the Auditor and
T 'rgurerof the Territory of Florida.
Chapi. 757-No. 18. An act to provide for renting out the
Sithool Lards in this Territory.
Ch iq. 758-'No. 19. An act to provide for tihe more effec-
tual election of the Revenue.
Chap..759-No. c0. Ant act to provide for the completion of
the Capitol. ,
Chap.760-No. 21. An net to provide ftr the permanent
lo;latton of the Seat of Jjsrice ol' \Vahlun G outz-.i, ua.d to re-
peal a certain act therein mentioned.
Chap. 7;--Nu. 22. An act to i)rovi.lc fir the comcl1ting- 0L:
he Court Hous ;n ttet Countv of Duv4;..







Chap. 76S-rNb'28. An act to change the'time-of holding
the Superior .Courtseinh e Counties of Walton,- Washington,
*3ila.iron sld'fnklt), and for other purposes.
'Chap. 768-~ o.p-4. An act. alter and fi!permanently the
.Sessions.a rho aeriorCO Cffin ana for the.-D ;jit of East
.lorida;; .r 7v:* '. ,; *
Cu- ap.764+-No.' .'A act to orgaize.a County to be cal-
'led Hmll orojli~o foF otber.purpbes.,
-' Chap. 765 .o;a26. An act 6 rqpeal ceraii acts organlziag
:the County of-a WyItt~ .4 ,
Chip. -66--- ., 7. An -t.f't cilitate the -draining of
Lands. -. .
C "1hap. 767-No.-...An act -in :elation to rafted.Lumber
adritL ; NO,.- '
Chap. 768--No.39. An act to ameiid an act, entitled-' an
act to organize and regulate the MilitiK'of jhe Territofy'f
Eolrid, .and to repeal.an act passed Jrst *ebruary; 18'9--
Approved 17th'4ebluary, 1833. -.; .* ... '--
Chap. 769-No.80.. An act to amend the sevehil acts in re-
Jation to driving or -bringing into 'his Territory, neat Cattle
belonging to persons or citizens of-the several States. --
Chap. 71G0-N6. 81. -An act to authorse thO Couqty Courts
in this Territory to appoint Inspectors uf Cattle in their -res-
pective Counties.
Chap. 771-Na S2. An act to incorporate the"Tallahassee
Jockey Club, for the encouragement (improvement. of the
breed of horses.
-Chap: 772---No. 3. An act to incorporate the Presbjterian
congregationn at Quincy. *
Chap. 773-No.. 84. An-act to authorise the Trustees of
Quincy Academy,to raise a certainamount of money by Lot-
terv.
Chap. 774-N-1.5. An act to- incorporate the College of
Pensacola.
Chap. 775--No 36 An ant amendatBry to the act incorpo-
rating the Trusteesor the Pensacola Academy, approved .e-
bruary 12ll, 1851. .
Chap. 776-No. $7. An act to establish a Board of Wtdens
for the Port of Pensacola. .
Chap- 777-No. 88. An act to incorporate the Town of
Jacksonville.
Chap. 778-No. 89. An act to provide for the establishment
and maintenance of a Free School in the City of St. Augustine.
Ctap. 779-No. 40. An act to incorporate the St. Augus-
Athenmeum. .-
Ceap. 780--No. 41. An act to amend an act, entitled "an
act to incorporate the Protestant Episcopai congregation in the
City of St. Augustine.
Chap. 781-No. 42. An act in addition to the art of 1833,
incorporating the City of St. Augustine.
Chap. 78i-No. 43. An act to amend an act, incorporating
the Town of Marianna.
Cu3ja. 783-No. 44. An act to incorporate the Town of
ChattaiJonchee in Gadsden Counlv,
Ciap. 784-No. i5. An act to amend an act to incorporate
!he T'own of St. Marks.







5

Chap. 785-No. 46. An act to regulate the Pilotage of the
Port of St. Marks.
Chap. 786-No.417. An act to est:bli-h and regulate the
rates of Pilotage tor tue bt. John's and Nassau Rivers.
Chap. 787--No. 48. An act constituting a Board of War-
dens for the Port of Key West.
Chap. 788-No. 49. An act to provide for the appointment
of pilots, and to regulate the rates of pdiltage at the Port of
Key West, and for other purposes.
Chap. 789-No. 50. An act in addition to the act incorpora-
ting the La Fayette Salt Compuny, -at Key West.
Chap. 790-No. 51 An act to incorporate the Marine Rail-
way Company of the cily of Key West.
Chap. 791-No. 52. An act to incorporate the Florida Pen-
insula and Jacksonville Rail Road Company.
Chap. 792-No. 53. An act to incorporate the Florida, Ala-
bama, and Georgia Rail Ioad Company.
Chap 793-No. 54. An act to incorporate the Tallahassee
Rail Road Company.
Chap. 794-No. 55. An act to change the name of a certain
person therein named.
Chap. 795-No. 56. An act for the relief of Mary P, Harker.
Chap. 796-No. 57. An act to legitimate & change the name
of Martha Higginbotham, to that of Martha Crozier.
Chap. 797-No. 58. An act to establish a. ferry across the
south prong of Black Creek, at or near Whitesville in Duval
County.
Chap. 798-No. 59. An act to authorize Nehemiah Brush
to establish a ferry across St. Johns River, at a place called
Palatka.
Chap. 799-No. 60. An act to authorize James Carraway
to establish a ferry at Ocheesee on the Apalachicola river.
Chap. 800-No. 61. An act toautuorize William B. Hooker to
establish a ferry across the Suwannee river in Hamikon county.
Chap. 801-No. 62. An act to establish a ferry over the
Ocklocknee river, at or near Wright's landing.
Chap. 802-No. 68. An act to authorize James Kennedy to
establish a ferry over Cold water, where the road leading from
Florida town to Tallahassee, crosses said river,
Chap. 803-No. 64. An act to authorize William A. Bell to
build a bridge across the Bayou Grande in Escarnbia Cuntyv.
Chap. 804-No. 65. An act to authorize Samuel Y. Garey
to build a bridge over the north prong of B'ack creek ir Duval
county.
Chap. 805-No. 66. An act declaring Juniper Creek in the
County of Escambia, a navigable stream.
Chap. 806-No. 57. An act for the relief of Benjamin G.
Thornton.
Chap. 807-No. 68. An act for the relief of Jesse H. Wilhs.
Chap. 808-No. 69. An act to adjust and settle the accounts
of Davis Floyd deceased, late Treasurer, and also the claim of
the Territory against his securities, and for the disposition of
certain lands.
Chap. 809-No.70. An act for the reliefof Thomas Douglas.
Chap. 810-No. 71. An act for the relief of Isaac Nathans
and others.
Chap. 811-No. 7-. An act for the relief of R-meoLewis.







6

Chap. 819-No. 78. Ain act for ihe relierof Shanon &Bal-
iagh.
Chap. 813-No. 74. An.act for the relief of James J. Board
and Darius Clapp.
Chap. 814-No. 75. An act for the relief of Charles Trippe.
Chap. 815-No. 76. An act for the relief of Jonathan Thig.
pen.
Chap. 816-No. 77. An act for the relief of William S.
Mooring, late Sheriff and Tax Collector of Jackson County.
Chap. 817-No. 78. An act fir the relief of Douglass Dum-
mett.
- Chap. 818-No. 79 An act to incorporate a Bank in the
County of Jackson.
Ohap. 819--No, 80. Anwact supplemental to the charter of
the Merchant's and Planters Bank of Magnolia.
.C ap. 820-Noe. 81. An act sulppemnmutal t the several acts
incotporatiog the Bank of Pensacola.
Ct(ap. 1821-No. 8S. An act in addition lo, and amendatory
qf the Charter of the Central Bank of Florida.
,Ahap. 82--No. 85. An act lbr the continualion ftbe com-
pilation of the laws of this Territory. ,
Chap. 893-No. 84. An act to provide fr'the eampeasalto
*,f 4he officers of the Council and for othepurpoaes.




Pages
7-8
missing
from
original







AOVS

OF THU

LEGLSL.4TIVE Co UXeOt

OF TiA2


TERRITORY OF FLORIDA.

PASSED AT THE 12TH SESSION, WHICHWAS BEGUN AND HELD Af



Qn Monday the Sixth day of January, Onb Thousand Eight HTmndr
and Thirty-Four.



OILLIAM P. DuTAL, Governor.
JAMES D. WESTCOTT, Jr. Secretty.
JOHN WARREEN, President of the Legislative Council
JosEzH B. LANCASTER, Chief Clerk.


Chap. 740-No. 1. An act to amend an act to provide for holding
an Election for Delegate to Congress from this Territory, Memb-
ers of the Legislative Council and certain other Officers-passed
February 18th, 18833.
Szc, 1. Be it enacted by the Governor and Legislative Coun- Election for
cil of the Territory of Florida, That an election for Members eg." uncir
of the Legislative Council of this Territory, shall be held in the first Monday
several counties thereof, on the First Monday of May, Eighteen in May.
Hundred and Thirty-Four; and a like election shall be held on
thI First Monday of May annually thereafter.


-Y---~r-s~a" I-Y--M








SEC. 2. Be it further enacted. That it shall be the duty of
Gcr the Governor or the person discharging the duties thereof, for
make prola- the time being, within three months after any election for Memr
mation in 3 bers of the Legislative Council, to proclaim in some public news-
months. paper, printed at Tallahassee, the persons who are duly elected
in each county or election district.
SEc. 3. Be ii further enacted, That if, after an election for
Members of the Legislative Council, a vacancy shall occur in
Vacanciesh'w any county or election district, by death or resignation of the
filled. member or members elect, or from any other cause, then the
Judge of the county court, or if there be more than one county
in the election district, the several Judges ol the county courts
therein, or in his or their absence, the clerk or clerks thereei, on
giving Ten days public notice, shall cause a new election to be
held to fill such vacancy ; said election to be conducted in all
respects agreeably to the rules and regulations prescribed for
thf regilar election oft members of the Legislative Council in
Vacancles ofthe act to which this is an amendment. And in all cases of va-
county ocers ancy in the office of any county clerksheriffcoroner, or county
how filled, surveyor, occasioned by death,resignation or otherwise, upon in-
formation being given to the Judge of the county court, in which
such vacant-y may occur, he shall on giving ten days public
notice thereof, cause a new election to be held to fill such va-
tancy; said election to be conducted in all respects agreeably
to the rules and regulations prescribed for the regular election
of county officers, in the act to which this is an amendment:
and any person so elected, shall be commissioned for the re-
mainder of the term for which his immediate predecessor was
elected.
Qualifcation SEc. 4. Be it further enacted, That all white male inhabitants
of voters for citizens of the United States, above the age of Twenty-One
Delegate. years, who have resided in this Territory for Three months,
immediately preceding the election : And all white male inhab-
itants of* this Territory above the age of T renty-One years,
who were inhabitants of the same, at its cession to the United
States in Eighteen Hundred and Twenty-One, and who have
resided in this Territory for Three months immediately preced-
ing the election, shall'be entitled tu vote at any place or precinct,
within this Territory for Delegate to Congress; and all such
For meLrL persons who have resided in any election District of this Terri-
Counil. tory for three months immediately preceding the election, shall
be entitled to vote at auy place or precinct therein, for a member
or members, as the case may be, to the Legislative Council:
For county of-And ali such persons who have resided in any county in this
icers. Territory for Three months immediately preceding the election,
shall be entitled to vote at any place or precinct therein, for
Proviso county officers: Provided. That no officer or soldier of the
United States' Army, or Officer, or Sailor of the United States'
Navy, shall be entitled to vote at any election in this Territory.








SEe. 5. Be it ftirther enacted, That all laws and parts ofRepealini
laws, militating against the true intent and meaning of this act, clause..
be, and the same are hereby repealed.

PASSED, February 6th 1834.-APPROVED, Feb. 11th 1834.







Ghap. 741-No. 2. An act to amend "an act relating the"mode of
proceeding on Attachments-

SEc. 1. Be it enacted by the Governor and Legislative Coun- Certain sects.
cil of the Territory of Florida, That the First, Second, Third, of ac '33 re-
Fourth, Fifth, and Seventh Sections of the act to which this is
an amendment, be and the same are hereby repealed.
SEc. 2. Be it further enacted, That it shall be lawful for any Clerks and J.
Clerk of the Superior or County Courts of this Territory, or Peaea may is-
for any Justice of the Peace to grant Writs of Attachment, each returnable t
for 4- returnable only to his own particular court, directed as the their own c't.
case may be, to the Marshal, Sheriff, Constable, or other proper
officer, commanding him to attach'& take into custody so much How directed
of the lands, tenements, goods and chattels, of the party against
whose property the writ is issued, as will be sufficient to satisfy
the debt or sum demanded, with costs by the Plaintiff in Attach.
ment.
Sec. 3. Be it further enacted, That such writ shall in no Pl'tiff.tomake
case be issued, unless the party applying for the same, or his oath, qtc.
agent or attorney shall first make oath in writing, that the amount
of the debt or sum demanded, is actually due, and also, tnat the
party from whom it is due, is actually removing out of the Ter-
ritory, or resides beyond the limits thereof, or absconds, or con-
ceals himself so that the ordinary process of law cannot be
served upon him, or is removing his property beyond the limits
of the Territory, or secreting, or fraudulently disposing of the
same for the purpose of avoiding the payment of his just debts.
SEc. 4. Be it further enacted, That when any executor or Attachment.
administrator resides, or has removed beyond the limits of this May issue a-
Territory, and there are assets of the testator or intestatee in against exe'tors
this Territory, it may be lawful for any pers n having a debt or.- admi i-tLa-
demand against the estate of the deceased, to take out an attach- tors si cwrt.a
meant against such assets, upon making oath in writing, that the
above debt or sum demanded is actually due, and that the exe.
cutor or administrator, as the case may be, resides or has re-
moved beyond the limits of this Territory ; Provided, That no








FEtecutors and attachment shall issue if the said executor or administrator shall
ndmi.tlraotrs have any legally authorized and publi-ly known agent in the
tach't, if they Territory, service of any summons upon whom shall be as good
have a. agent and valid as if it had been served upon the person of the said
in the territory executor or administrator.
.Cors SEC. Be it further enacted, That the Courts respectively
outt may a to whiiclh attachments are returnable, shall be always open
tany time, on .
motion, dis for the purpose of hearing and deciding motions for dissolving
solve attach- such attachments, and in any such case, upon oath, made and
ments,on good tendered to the Court, that the allegations in the Plaintiff's affi-
cause Shown. davit, are untrue, either as to the debt or sum demanded, or as
to the special cause assigned whatever it may be for granting
the attachment, th in every such case, it shall be the duty of
the Court to hear evidence upon the issue so presented, and if,
in the opinion of the court, the allegations in the Plaintiff's affi-
davit are not sustained and proved to be true, the said attach-
def-ndantmayment shall be dissolved : Provided, That if the party Defend-
have jury. ant shall demand the same, a jury shall be empannelled to try
the issue joined, as aforesaid.
Attachmenis Sic. 6. Be it father enacted, That in all cases of attach-
now .Lending meant now pending before the Courts of this Territory, motions
may be dissolvmay be mad, and shall be heard and decided, for dissolving the
ed as above. same, in the manner directed in the last preceding Section of
this act, but on the trial of any such motion, the evidence shall
be confined strictly and exclusively to the state of facts alledg-
ed in the Plaintiff's affidavit as they existed at the time of issu-
ing the attachment
Suitscommen- SEc. 7. Be it further enacted, That when any suit shall here.
ced by a: tach- after be commenced by attachment and the same on motion be
h ,e au dissolved before plea to the action, then in every such case the
tachment, if suit shall abate and be dismissed from Court, but if such mo-
disso'ed before tion is made after the party Defendant has appeared and plead
plea. to the action, the attachment only shall be dissolved, and the
PlFiintiff may still proceed in said suit and prosecute his debt or
demand to final judgment, but if the suit be already pending and
the attachment be dissolved at any stage of the proceedings the
sun itself shall abate and be dismissed: Provided, The motion
to dissolve such attachment be made at or before the first term
ot the Court when the suit is pending after the passage of this
act
property levied SEC. 8. Be it further enacted, That in case any attachment
o a ,dAc. cd shall be levied upon property claimed by any other person than
II d peC[son _
ma ki' her re- the Defendant in attachment, such person may at his option re-
pi v' or in- plevy the same or interpose a claim in ime manner that is or may
terpose claim. be provided iii case of execution : Provided, That in neither
cl.a;n t' nd Ot case shall bond be required ef -uch person in a greater amount
to exseed va-
le of rope- than the value of the property so claimed.
ty. Sac. 9. Be it further enacted, That when any property taker
in attachment ball be replevied by the Defendant or for the De.







13
tendantin attachment, as authorized in the Thirteenth section Replevy bond
of the act to which this is an amendment, no bond shall bo re- noL to 'xce'd
quired exceeding in amount the value of the property r;epleviud. ue Of *
SEC. 10. Be it further enacted, That no attachment shbill P>tf, to give
issue until the party applying for-the same, by himself, or by his bond with two
agent, or attorney shall enter into bond with at least two good securities.
and sufficient securities, payable to the Lefendant, in at least
double the debt or sum demanded, conditioned to pay all costs condition&c.
and damages the Defendant may sustain in consequence of im-
properly suing out said attachment: Provided, nevertheless, 'ligors liable
that the "bond taken in case of attachment. shall not on account defctid
of any informality in the same, be adjudged vnld, as against
obligors, nor shall they be discharged therefrom, although the
attachment be dissolved by reason thereof.

PaMsED, Feb. 14th 1834.-ArPRovEv, Feb. 15th 1834.







Chap. 742-No. S.jAn act to amend an act concerning Executions."
SEC. 1. Be it enacted by the Governor and Legislative Coun- Returnable to
cil of the Territory of Florida, That all executions from the next term of
Superior or County Courts of this Territory, shall be made re-the cout'
turnable at the next succeeding term of the Court from which
the same issued : Provided, There be a longer time than One Or-l20days
Hundred and Twepty days between the date of said execution from date.
and the next succeding- tqm of the Court whence it issued;
but if there be not, said execution shall be returned within One
Hundred and Twenty-days after the issuing thereof. 0
SEC. 2. Be it further enacted, That in all cases where an
execution shall issue illegally, and the person against whom such affi vt of
execution is directed, his agent or attorney shall make oath there- when allowed
of, and shall state in the affidavit the cause of such illegality;
the Marshal, Sheig, or other officer, shall return the same to
the next term of the Court from which the same issued, and the
Court shall determine thereon at such time: Provided, That
the party making the affidavit, be required to. state whether any
part of said execution be due, & where the party so making. the
affidavit, shall admit a part of the execution to be legally due,
the amount so acknowledged shall be paid before the affidavit Defandant in
is received: And provided, also, That the person claiming the execution, to
benefit of this section, shall execute to the Marshal, Sheriff, or give bond.
other officer levying said execution, a bond with sufficient se-
curity, in at least double the amount of said execution, or that
part thereof suspended by the affidavit.








If set aside ex Sac. 3. Be it further enacted, That if the affidavit of illegality
ecution may isbe set aside, execution may issue against the party making the
sue against de same and against his securities on the bond.
curity. SEC. 4. Be it further enacted, That the working tool of
working tools Mechanics, be and they are hereby exempted from all execu-
of mechanics tions whatever.
exempt from SEC. 5. Be it further enacted, That the Fifth and Eighth
execution. Sections of the act to which this is an amendment, and all laws
certain acts re inconsistent with the provisions of this act, be and the same are
hereby repealed.
If execution'be SEC. 6. Be it further enacted, That when any execution has
returned "not been issued and returned not satisfied, or only satisfied in part,
satisfied," may tp
be renewed the party interested in said execution shall be empowered to re-
new the same as often as the said return shall be made.
If garnishee SEC. 7. Be it further enacted, That whenever any person
denying &c. garnisheed as is provided for by the Seventeenth Section of the
Plaimti may
traverse, an- act to which this is an amendment, shall deny or fail to answer
swer and have in accordance with the provisions of the said section, it shall be
jury trial etc. lawful for the Plaintiff in execution to traverse the said denial
or answer; which issue so made up, shall forthwith be submit-
ted to a jury for their decision, and if the jury find for the Plain-
tiff, judgment shall be entered thereon as in others cases subject
to a stay of Sixty days.
Ifexecutionbe SEC. 8. Be it further enacted, That when an execution issu-
e0day sofourt ing from a Superior or County Court shall be levied within thir-
Venditioni ex- ty days and when an execution issuing from a Justice's Court
ponas may is- shall be levied within Fifteen days of the return day, tue Mar-
sue. shal, Sheriff, or other officer charged with the execution, shall
return the same and take out a Venditioni Exponas, and pro-
ceed thereon according to the provisions of this act.
.Marshals and SEC. 9. Be it further enacted, That all sales to be made by
Sheriffs sales, Marshals, or Sheriffs, of any property taken under execution
to be at court shall be made in front of the court-house, and on the First Sa-
house and on turday of each month, to commence between the hours of Ten
stMay cntinu and Two in the day, and continue frou day to day till completed :
May continue ....
from day to Provided, nevertheless, That any sale may be made on any other
day. day with the consent of the Defendant, by giving ten days
maytakeplace notice thereof, to the Plaintiff in execution.
on any other SEC. 10. Be it further enacted, That when a Constable shall
daYby consent levy on lands or slaves, he shall be required to give the same
Constables t. notice and sell at the same place as is required of Marshals and
Constables to
give same no.Sheriffs.
Lice in sale of
land or slaves. PaqSBD, Feb. 14th 1834.-APPROVED, Feb. 15th 1834.









Chap. 743-No. 4. An act in addition tothe several acts not; in Pored,
regulating Judicial proceedings.

SEC. 1. Be it enacted by the Governor and Legislative Coun- execution to iJ
cil of the Territory of Florida, That upon any judgment against se on udg't
s agamst execu-
an executor, or administrator, de bonia testatoris, or of assets tors adminis-
Quando acciderint, which has been, or may hereafter be render- trators with't
ed, the party Plaintiff may have execution without scire facias,seirifacias.
and it assets whether real or personal, can be found, levy upon
them, and collect his judgment as in other cases.
SEC. 2. Be it further enacted, That in replevin for the tor- Plaintiff invr-
tiously taking the goods or personal chattels of another, ibt plevin to give
Plaintiff at the institution of this action therefore, shall give bond bond and secu
by himself or by his authorized agent or attorney, to be filed in rity.
the clerks office, from which the writ is issued, with at least two
sufficient surities in double the amount of the alleged value of
the property to be replevied, payable to the adverse party, con-
ditioned to be void, if the Plaintiff shall prosecute his said ac-
tion to effect, or on failure thereof, pay all costs and damages
which shall accrue to the Defendant by reason of sa'd action,
and return the property replevied, if a return thereof shall be
adjudged.
SEC. 3. Be it further enacted, That after the service of the pleadings sub-
writ and the replevy of the property therein commanded, all the.eet to therules
subsequent proceedings, including the filing the declaration and scribed.pr
other appropriate pleadings up to final judgment, shall be subject
to the general rules and regulations provided by the laws of this
Territory for the government of judicial proceedings, but the
Defendant, at any time before plea or avowry, may, on motion
be allowed to show to the court to which the writ is returned or defend't: may
returnable, that he has right to possess the property replevied, w hied msea
on which a return at the discretion of the court, may be adjudg- return of the
ed; but no return, either on motion or final judgment in the property.
case, shall be adjudged, unless the Defendant have proved his
right to said property, and to a return thereof.
Sac. 4. Be it further enacted, That if the security filed by Cour wmay or-
the Plaintiff in replevin, as directed in the Second Section ofd rie t er g u-
this act, shall be deemed insufficient, the court, on motion, may en by plaintiff.
at any time during the pendency of the suit at its discretion,
and on terms, ordet further and sufficient security to be filed.
SEC. 5. Be it further enacted, rhat all actions of replevin All suits now
now pending in the several courts of this Territory, shall be pendinggov'd.
subject to the several provisions, rules, and regulations directed by this act.
and prescribed in this act, and where they have been instituted
in the manner herein provided, may, and shall be prosecuted in
conformity with this act to final judgment; and where any such
action now pending, has been commenced in a different manner, Securitymay
the same for that cause shall not be abated or dismissed; but begivenatfirat
at the next ensuing term after the passage of this act, on motion term
and leave of court, may be amended, or as the case may be the









security perfected, so that in conformity wz;:l. the provionst of
All this act, such action may be prosecuted to ri-. judgment.
powers ae SEc. 6. Be it further enacted, That so m.c of the Eighth
from county Section of the act passed in 1833, to establish County Courts
u.z., and prescribe their jurisdiction," as gives to judges of County
Courts ar.y authority in respect to, or over cases in chancery,
pending in any Superior Court, be and the same are hereby re-
pealed.
Copnes of the SEC. 7- Be it further enacted, That no copy of any docu.
p'hlil archives meant in either of the offices of the public archives of this Ter.
not evidence. ritory shall be received in evidence, unless the document itself,
unless when if before the Court, would be evidence in the case, wherein such
te. rig' w opy i offered ; but then, and in every such case, the copy duly
certified, r'av be recsiived.
act or 1832re- SEC. 8. Be it further enacted, That the act- concerning th6
pealed. public archives, passed February 9th 1832, be, and the same
is hereby repealed.
In ejectment SEC. 9. Be it further enacea That in actions of ejectment,
Spanish lavvto
prevail i the where the title either of the Pla,..iff or Defendant rests on
little restsonit Spanish Law, as it existed in Florida before the transfer to the
United States, that title if it would have been good and suffici-
ent before such transfer, shall be adjudged in the several courts
of law in this Territory to be a legal and valid title, though if it
had originated at common law, it would be deemed merely
e io equilrt bh-l .
used in cases Sac. 10. Be it further enacted. That depositions taken and
ofcject't may exifbited in former actions of ejectment may be received in
be again used evidence in subsequent actions, where the same land and the
when the tile same title are in controversy, and where the parties or their
he same. privies actually in interest are the same, though the actions ow-
ing to their fictitious structure may be entitled differently of
record : Provided, always, That such depositions shall be re-
ceived in ejectment, only where at common law, they would be
received in a subsequent acti-n between the same parties.
'k. sup coIrt SEC ]1. Be it further enacted, That the clerk of each and
to a'ran"e -he
trlf' d 'ce 16 every Superior Court in this Territory, shall place ea the trial
daysbeforethe docket for any term, only such causes as are at issue, for Jury
Court. trial at least sixteen days before the commencement of the term
for which the docket is prepared, and the causes upon such doc-
ket shall be assigned for days, and until the Judge of the Court
eight for each hall direct a different number, Eight for each day, till all the
S causes upon the docket are thus assigned; but no cause shall
,be set down for each day or days of the term as may have been
previously designated by the court for hearing questions of law,
cases in chancery, or for the trial of criminal matters, and such
T be comple- trial docket, with the assignment and distribution of the causes
'14 s be thereon, shall be made and completed full fourteen days before
the commencement of the term.
SEo, 12. Be it further enacted, that the causes thus assign-








ed for days, shall be called and disposed of by trial, judgment, Causes tobe
dismissal, or continuance, in the order and succession in which 'ailed in order
they stand upon the docket and not otherwise; and no cause
shall be taken up for trial before the day for which it iq assigned
and set down for trial, though it may afterwards in its order,
when it could not be reached on its proper day of assignment.
SEC. 13. Be it further enacted, That the Judge of the sever- Judges may
nl Superior Courts in their respective districts, or in convention pass rules, &c.
at the Court of Appeals, are empowered, and it shall be their
duty, from time to time, to make and pass all such rules and
orders, either general or special as may be necessary to bring
causes to issue in due time for the trial docket. -
SEc. 14. Be it further enacted, That no witness shall be Witnesses to
summoned to appear at court before the day for whichh the cause be snmmioned
to attend only
wherein he is called to testify, is set down for trial, and the same on, the dy te
rule shall apply in criminal cases, which by previous order of the case is to be
Judge, shall be assigned for some particular day or days, and tried or called.
no person shall be required to attend as a witness in any such
case, before the day assigned for its trial.
SEc. 15. Be it further enacted, That the Twelfth, Thirteenth, Ctertain see-
tions not to be
Fourteenth, and Fifteenth Sections of this act shall not be held in force before
to apply to, or be in force as to any term of any Superior Court April.
of this Territory, to be commenced before the Second Monday And in soulh-
of Aprial'next, or in the Southren Judicial District before the ern District,
next ensuing autumnal term of the Superior Court therein. not till fall
SEC. 16. Be it further enacted, That in criminal prosecutions term.
the Defendant shall of right be entitled to a certain number of n casesof rris
peremptory challenges, to wit: in all cases of misdemea lor demeanourde-
peremptorily to challenge and exclude Four Jurors, in all casesfendanlt enti-
of forgery, perjury and subornation of perjury, and in all cases lenges.
of felony, whether capital or not, peremptorily to challenge, and In felony &c.
exclude Twenty Jurors ; but on the part of the prosecution, no twenty.
peremptory challenge shall be allowed in any case.
SEC. 17. Be it further enacted, That in all criminal prose- Defendant al
lowed a 'trial
cautions, the Defendant shall have a right to a trial at the term at the st term
wherein the indictment against him is found, unless good and
sufficient cause for a continuance be shown by the public prose-
cutor, and no costs shall be taxed against the Defendant in case
of final conviction, for any term from which a continuance was
had at the instance of the prosecution.
SEC. 18. Be it further enacted, Thatin any action of a cove- as
nant now pending, or that may hereafter be instituted in any ofcovenant non
the Courts of this Territory, non e&t jactum, may be pleaded est factum
without verification by oath, and under such plea, any special tnay be plead
defence, due notice thereof in writing being first given to the without verify
opposite party, may be exhibited at the trial; but such plea notcatlon'
verified by oath, except where filed by an executor or adminis-
trator, shall not make it necessary for the Plaintiff to prove the
B








execution of the instrument in writing, upon which bi action is
founded.
SEC. 19. Be it further enacted, That any general assignment
oassicment of property, by any debtor or debtors in this Territory, in insol-
of property vent or failing circumstances, to be held in trust or otherwise,
it id unoles in for and giving a preference to any particular creditor or to any
faviur of all particular creditors, or to any class of creditors over other cre-
thecreditors. ditors, or which does not provide that all creditors being such at
the date of the assignment, shall be paid pro rata, shall be ad-
judged, and the same is hereby declared to be absolutely void
and fraudulent in law.
SEc. 20. Be it filrther enacted, That in every such assign-
Trustees must meant, made in trust for the benefit of creditors generally, and
reside in the for the payment of the debts respectively due to them pro rata,
Territory. the trustee or trustees named in the instrument of assignment
shall be inhabitants and residents of this Territory, or the pro-
perty assigned shall in no case vest in such trustee or trustees,
and where property is assigned for the benefit of creditors gen-
Property lia. rally, any attempt to remove the same beyond the limits of this
61le to attach- Territory, or conceal it from the process of law, shall subject
ment. it to attachment, to be granted upon the same terms and condi-
tions, as in other cases, to any creditor, of such insolvent or
failing debtor.
SEC. 21. Be it further enacted, That no rule of Court, sta-
tute or other law in this Territory.shall be deemed to allow any
to rule to be motion, rule, order, action, attachment, amerciament, execution
lod. agat or other proceeding against any Deputy Marshal, or Deputy
lhal,sheriff,or Sheriff, or Deputy Clerk in .his Territory for the non-payment
clerk. of monies collected or received by such Deputies, or for other
neglect or non-feasance, at the instance of any person, other
than the Marshal, SlHeriff, or Clerk, from whom such Deputy
derives his authority, his executors or administrators, and all
tut may be a such proceedings shtll be void and of no effect; but the parties
paint the mar agrieved by such non-payment, neglect or non-feasance of such
shal&c. Deputy may have an action or other proceeding therefore against
the Marshal, Sheriff, or Clerk aforesaid, the same, as if the
same was by and on the part of said Marshal, Sheriff, or Clerk
personally.
SEC. 22, Be it further enacted, That every deputation of
any Marshal. Sheriff, or Clerk shall be recorded in the Clerks
Deputations office of the Court of which he is an officer within ten days
0 be recorded, after the same shall be made.


FAssz3Dt Feb. 15th l834.-ArrROVED, Feb. 15th 18344








hap. 744-No. 5. An act to authorise Sheriff% and Clerts of Superior
and County Courts to appoint Deputies.

Sec. 1. Be it enacted by the Governor and Legislative Coun- Clerks& S h
oil of the Territory of Florida, That the Sheriffs and Clerks isintdeut l
of Superior and County Courts in the respective Counties, shall
have the power respectively of appointing a deputy or deputies,
for whose acts as such, they, the said Sheriffs and Clerks shall
be held liable.
SEc. 2. Be it further enacted, That all acts heretofore done Acs
or performed by individuals purporting to be deputies, which deputies loa-
would have been legal, if they had been done or performed by ized.
a Sheriff, or Clerk in person, shall be as valid in law and equity
as if the same had been so done or performed by the said She-
riff or Clerk.
SEC. 3. Be it further enacted, That it shall be the duty ofClerks& Shea
Sheriffs and Clerks of Superior and County Courts, respective- riffs to keep
ly, to keep their offices at the county seat, or place where the their offices a4
said Court is in the habit of holding its sessions. court-house.

PASSED, Feb. 3d 1834.-APPROVED, Feb. 12th 1834.







Chap. 745-No. 6. An act to establish a Tariff of Fees.
SEc. 1. Be it enacted by the Governor and Legislative Cout-
cil of the Terratoy of Florida, That the several officers here*
inafter named, shall be entitled to demand and receive the fol-
lowing fees respectively, viz :
The Secretary of the Territory, shall receive, for every offi ]
cial certificate and seal, One Dollar. Recording and copy.
ing papers in his office, for the First One Hundred words,
Twenty-Five cents : every subsequent Hundred words, Fifteen
sents.
The Surveyor of each County shall receive for his services,
such compensation as may from time to time be established by
the County Courts respectively.
The Clerk of the Court ef Appeals, and Clerks of the Su-
perior and County Courts shall receive for entering appearance
of Defendant in person or by Attorney, Six and One-Fouith
cents.
Docketing any case upon the appearance Docket, Twelve and
a Half cents.
Every Subpuna.at law, and return thereon, Twenty-Five cts.







20

Every other process at law, or in Chancery, under seal of the
Court with entry of return, Fifty cents.
Entry of every rule or order of Court, Twelve and a Half
cents.
Administering Oath, Twelve and a Half cents.
Swearing every Jury, Fifty cents.
Recording any Instrument of writing, if the same contain One
Hundied words or less. Twenty-Five cents: for every succeed-
ing Hundred words, Fifteen cents.
Copy of any record if the same contain One Hundred words,
or less, Twenty-five cents: every succeeding Handred words,
Fifteen cents.
Every certificate under the seal of the Court, Twenty-Five
cents.
Every search of less than One year's standing Twelve and a
Half cents: over One year's standing, Twenty-Five cents"
Filing every paper in a suit, Six and One-Fourth cents.
Entering every Judgment or Decree, Twenty-Five cents.
Drawing and approving Bond, Fifty cents.
Drawing every other paper or writing not herein, otherwise,
designated, if One Hundred words or less, Twenty-Five cents:
every succeeding Hundred words, Fifteen cents.
Recording Mark and Brand, Twenty-Five cents.

MARSHALS AND SHERIFFS--SHALL RECEIVE.

For Levy and Return of Writ of Attachment, One Dollar.
Service and Return of original Writ in actions at law, or Sub-
poena in Chancery, Fifty cents.
Levy and Return ot Execution, One Dollar.
Recording Execution, Twenty-five cents.
Executing a Peace or Search warrant, One Dollar.
Executing "Habpre facias possersioncm," One Dollar.
Committing prisoner to Jail, One Dollar.
Releasing prisoner, Twenty-Five cents.
Removing prisoner, per mile. Ten cents.
Serving and Returning Writ of ", Habeas f'orpus," One
Dollar.
Each copy of any process, if One Hundred words or less
Twenty-Five cents : every succeeding Hundred words, Fifteen
cents.
Taking and approving every Bond Fifty cents.
Calling Jury in each suit, Twenty-Five cents.
For whipping a person by sentence of Court, Two Dollars.
Collecting money under Execution, Five per cent for the
First Three Hundred Dollars, and Two and a Half per cent
on the remainder; when there is an actual sale, and when there
is no sale, Two per cent on all sums collected.
Keeping each slave taken under Execution or Attachment;









such slave to be allowed a Half pound of meat per day and One
peck of Indian corn, or its equivalent per week- per day, Tuen-
ty-Five cents.
Keeping Cattle, Horses, Hogs, or other stock taken under
legal process, such reasonable allowance as the Judge or Justice
from whose Court the process may have issued, may deem just
and proper.
Mileage, the distance to be estimated to and from the court-
house to the residence of the person served with process going
and returning, per mi)e. Four cents.
Service and Return of every process, not herein specially
designated. Fifty cents.
Executing Deed or Bill of sale, One Dollar.

JUSTICES OF THE PEACE-SHALL RECEIVE.

For superintending proceedings under the act concerning for-
cible entry and detainer, each per day, One Dollar.
Every warrant, writ of Attachment, Execution, or other legal
process, Twenty-Five cents.
Every Subpoena, Twelve and a Half cents.
Entering up Judgment, Twenty-Five cents.
Swearing Jury, Twenty-Five cents.
Writing and approving Bond. Fifty cents.
Administering every Oath, Twelve and a Half cents.
Provided, That no Justice shall be allowed to charge any fee
for administering an oath for the trial of a suit before him.
Taking and writing affidavit, Twenty-Five cents.
Attending the house of deponent, to take depositions, per day,
One Dollar.
Copy of any paper or record; if the same contain One Hun-
dred words or less, Twenty-Five cents : every succeeding Hun-
dred words, Fifteen cents.
For every certificate, Twenty-Five cents.
For taking relinquishment of dower, One Dollar.

CONSTABLES-SHALL RECEIVE.

For Levying and Return of Writ of Attachment, Fifty cents.
For Execution, Fifty cents.
Service & Return of Summons. ad respondendum," Twen-
ty-Five cents.
Peace or Search Warrant, One Dollar.
Collecting money under execution, the same as is allowed to
Marshals and Sheriffs.
Summoning jury, fifty cents.
Mileage, the same as is allowed to marshals and she-iffs.
Provided, the distance be estimated to and from the house ot









the person served with process to the place of holding justice'
court.
Writing and approving bond, fifty cents.
Service and return of every process not herein specially de.
signaled, twenty-five cents.
Carrying prisoner to jail or removing prisoner per mile, ten
cents.
Writing and executing bills of sale, one dollar.

NOTARIES PUBLIC-SHALL RECEIVE.

For protesting a bill of exchange, or promissary note and
registering the same, one dollar.
Noting bill of exchange for non-acceptance, or non-payment,.
fifty cents.
Administering every oath, twelve and a half cents.
Writing and taking affidavit, twenty-five cents.
Attending at a demand, tender, or deposit, and noting the
same, fifty cents.
Noting protest of captain of vessel, two dollars.
Extending the same per hundred words, twenty-five cents.
Registering foreign protested bill or protest, fifty cents.
Every certificate with seal, twenty-five cents.
Ordering every survey, fifty cents.

KEEPERS OF THE ARCHIVES-SHALL RECEIVE.

For copy or translation of every paper or document if less
than one hundred words, twenty-five cents: every succeeding
hundred words, fifteen cents.
Every certificate with seal, twenty-five cents.
Every search if of one year's standing or loss, twelve and a
half cents: over one years standing, twenty-five cents.

TRANSLATORS OF THE COURTS-SHALL RECEIVE

For every instrument of writing, of one hundred words or
less, twenty-five cents: every succeeding hundred words, fif-
teen cents: certifying the same with seal, twenty-five cents.

CORONERS-SHALL RECEIVE.

For summoning a jury and taking an inquisition on a dead
body, to be paid by the estate of the deceased, if the same be
sufficient, if not, by the county, five dollars.

JAILORS-SHALL RECEIVE.

For imprisoning and releasing each prisoner, twenty-five cit.









Keeping and providing for prisoners, per day, thirty-severn
and one half cents.

DISTRICT ATTORNEYS-SHALL RECEIVE.

For every indictment where the offence charged is not capi-
tal, five dollars: if the offence charged, be capital, fifteen dol-
lars.
Every civil action commenced on behalf of the Territory,
and prosecuted to effect, if the amount recovered exceed one
hundred dollars, ten dollars if less than one hundred dollars,
five dollars.
Provided, that in no case of criminal prosecution, shall any
fee be allowed to the District Attorney, when the prosecution
fails by reason of any default in the indictment or where a nolle
prosequi is entered.

WITNESSES-SHALL EACH RECEIVE,

For every days attendance upon the superior or county court,
seventy-five cents.
Every days attendance upon a justice's court, fifty cents.
For every twenty miles travel, to and from the place of hold-
ing court: Provided, the witness lives at a greater distance
than five miles from the court-hose: Provided, that any wit-
nesses, when the cause, in which he is attending as a witness, is
continued to the next succeeding term, may demand and have
of the party at whose instance he is summoned, the pay which
may have accrued up to the time of continuance, as aforesaid,
fifty cents.

JURORS-SHALL RECEIVE.

For every verdict, to each Juror, twenty-five cents: but no
fee shall be allowed to a juror, for the trial of a cause in the su-
perior couit"
SEc. 2.' Be it further enacted, That the several fees herein
provided for, shall in all cases be taxed in the bill of costs, and
collected with the other costs of the suit: Provided, that each
distinct item of cost shall be particularly enumerated in the bill
of costs.
SEc. 3. Be it further enacted, That any officer exacting
greater or other fees, or in any other manner, than is provided
for by law, shall be indicted for extortion, and fined in any sum
not exceeding one hundred dollars, at the discretion of the
court.
SEC. 4. Be it further enacted, That no officer shall have a
right to demand from the Territory of Florida, or from any coun-
ty thereof, any other fees than such as may accrue for services









in the apprehension, sarf-keepin?, prosecution, or punishment
of criminals, saving all such as are provided for by this act.
SEC. 5. Be it further enacted. That an act to determine
the fees of certain officers in thia Territory, and for other pur-
poses," approved 22d November, 1828, ind revived 17th of
February, 1633, and all other laws conflicting with the true in-
tent and meaning of this act, be & the same are hereby repealed.

PAssED, Feb. 14th 1834.-APPRovED, Feb. 15th 1S34.








Chaa. 746-No. 7. An act in addition to an act concerning Wills,
Lellcrs Teslamentary, Letters of Administration, and the duties of
Executors, Administrators and Guardians.
.udges county SEc. 1. Be it enacted by the Governor .nd Legislative Coun.
co:"i open co cil of the Territory of Florid, That th: jndges of the respect.
of orJinary. n t o t
tive county courts, shall at the first term thereof, in each and
every year, as soon as they shall have disp' sed of the civil
business, on the several dockets of the court, cause it to be
proclaimed at the door of the court-house, that the court will
then be open for the settlement of the accounts of executors,
administrators and guardians, and for the transaction of such
Administrator other business as appertains to a court of ordinary: And it
and executors shall be the duty of the executors, administrators and guardians
render acco annually at the said first term of the said court, to render a full
and correct account of the receipts and expenditures of all
estates of which they may severally have the control; and if
approved, or so much thereof as may be approved, it shall be
Or lose their so entered upon the record, and the said accounts be filed in
iomrmissions. the office of the clerk of said court, and it any executor or ex-
ecutrix, administrator or administratrix, or guardian, shall neglect
to render such annual account, he or she shall forteit all claim
to commissions on the said amount so collected or disbursed.
Not to prefer SEC. 2. Be it further enacted, That if a creditor be appoint-
ond debts. ed the executor or executrix, administrator or administrix, of an
estate, and the said estate be insolvent, he or she shall not there-
by, be entitled to prefer his or her debts, to the exclusion of
other ismands against said estate; out sb'hll be bound to make
a pro rata settlement of all demands which may be rendered in,
according to law.
SEc. 3. Be it further enacted, That if any person shall ap-







25

point his or her[debtor]to be the executor of his her last will debtor appoiid.
& testament, such appointment shall not either in law or equity, ted Eh'.eutor
be construed to operate as a release or extinguishment of. any from liability.
debt due to the testator, unless the same be so expressly declar-
ed in said last will and testament.
SaE. 4. Be it further enacted, That all inventories and ac- Inventoriesete
counts, which are required by the act to which this is an add'- to be recorded
tion, to be filed in the clerks office, likewise all vouchers, which
may be presented upon any settlement, shall also be recorded in
a book to be kept exclusively for that purpose.
Sac. 5. Be it further enacted, That if any executor or ex- Executors and
ecutrix, administrator or administratrix, shall be desirous of ob- administrators
training a discharge from his or her executorship, or administra- how discharg-
torship, it shall be competent for him or her to receive the same ed.
upon application to the judge of the county court, or other per-
son charged with the duties of ordinary : Provided, that six
months notice of such intended application be given in one or
more of the gazettes nearest the place where the letters were Must give to-
granted : And provided also, that it shall appear that the said twice
applicant has faithfully and honestly discharged the trust and
confidence reposed in him or her; and the discharge so obtained
shall be taken to operate as a release fiom the duties of execu-
tor or executrix, administrator or administratrix, and shall fur-
ther more operate as a bar to any suit against the person so hay-
ing acted as executor or executrix, or administrator or adminis-
tratrix, unless the same be commenced within five years from
the date of said discharges; saving to all persons non corn pos Saving to per-
mentis, infants, imprisoned or beyond the seas, who may have poinfants
had any interest in the said estate; two years from the time of
the removal of any disabilities herein enumerated.
SEC. 6. Be it further enacted, That in all cases where the Judge county
judges of the county court or other person acting as ordinary, court interest-
shall be the applicant for a discharge, it shall be the duty of the ed, judge of
judge of the superior court to perform the duties herein before ror court
required of the said judge, or other person aiding as ordinary.
SEC. 7. Be it further enacted, That the second and third This act to op
sections of this act shall be held and construed to operate pro- rate prospect.
spectively only ; and shall be applied to such executors and ad- tively.
ministrators only, and to the settlement of estates in their charge
as may be admitted to letters of administration, subsequently to
the passage of this act.
SEc. 8. Be it further enacted, That the second section of Repeawing
an act entitled an act to amend an act concerning Wills, Let- clause.
ters Testamentary and Letters of Administration, and the du-
ties of Executors, Administrators and Gurdians" approved
November 21st 1829; and all acts or parts of acts conflicting
with the provisions of this act, be, and the same are hereby re.
pealed.
PA4saED Feb. 14th 1834.-APapovsn, Feb. 15th 1834.
C








Chap. 747-No. 8. An act to amend an act, entitled, an act to ret
gulate the Foreclosure of Mortgages by the Courts of Common
Law of this Territory, and for other purposes."

SEC. 1. Be it enacted by the Govemnor and Legislative Coun.
Publition il of the Territory of Florida, That whenever a mortgagor or
iwu made. person entitled to, or interested in the equity of redemption, re-
sides beyond the limits of the jurisdiction of the court, in which
suit may be brought, but within the Territory of Florida, pub-
lication may be made as in the third section of the act to which
this is an amendment, approved December 11th 1824, and the
said publication shall be deemed equivalent to personal notice:
Proviso. Provided, it shall be shown to the court by affidavit or other-
wise, that said party or parties, defend lnt or defendants, actual-
ly reside beyond the jurisdiction of said court, where the mortg-
age is about to be forclosed.
Repealing SEC. 2. Be it further enacted, That all acts inconsistent
dlaust. with the provisions of this act, be, and the same are hereby re-
pealed.

PASSED, Feb. 3d 1834.-APrROVED, Feb. 10th 1834.







Chap. 748-No 9. An act in relation to Liens created by Judgments.

SEc. 1. Be it enacted by the Governor and Legislative Coun-
Judg'ts bid cil of the Territory of Florida, That every judgment at law.
real estate, and decree in equity, which shall be entered, and pronounced
in a..y of the courts af this Territory, shall create a lien and be
binding upon the real estate of the defendant or defendants, as
at common law.
Not to bind in SEC. 2; Be it further enacted, That no judgment at law, or
other counties decree in equity, shall create any lien upon the real estate of
unless record- the defendant, situated in any other county than the one in which
ed. the same shall have been rendered or pronounced, until the said
judgment or decree, shall have been recorded in the county in-
which the real estate so sought to be bound, may be situated.
SEC. 3. Be it further enacted, That it shall be the duty of
Clerks tokeep the clerk of the county court in each county, to provide for the
book. use of his office a suitable book, to be entitled Record of
Foreign Judgments." in which said book, it shall be his duty
to record all judgments and decrees which may be regular pre-
sented, to be recorded,








SEc. 4. Be it further enacted, That to entitle a judgment or Transcript ti
decree to be placed union the record, in accordance with the be sent.
third section of this act, a transcript of the same shall be regu-
larly certified, under the seal of the court, and if there be no
seal of the court, then under the private seal of the clerk or
justice; in whose court the same may have been obtained.

PASSED, Feb. 11th 1834.-ArPRovED, Feb.J2th 1834b







Chap. 749-No. 10. An act concerning the authentication of Con.
veyances.

Sac. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, Thai all deeds, mortgages or tof Territo
other conveyances, by which any right, title, interest, or claim, ry how authen
to any real estate in this Teitory may be conveyed, affected, tcated.
defeated, impaired-or released; and power of attorney relating
to the same and all instruments under seal, to be used or record-
ed in said Territory, in order to entitle the same to beso used
or recorded in said Territory, in case the same shall be acknow-
ledged out of said Territory, shall be acknowledged by the party
or parties executing the sdme or the execution thereof by said
party or parties, shall be proved by a subscribing witness there-
to, before the officers herein after named, and in the manner
and form hereinafter mentioned.
SEc. 2. Be it further enacted, That no acknowledgment or Dutvof of-
proof of any such deed, conveyance or other instrument as a- rowtedakit..
foresaid, power of attorney or instrument under seal, executed
or acknowledged out of this Territory, shall be taken by any
officer or officers aforesaid ; unless the officer taking the same
shall know or have satisfactory proof, that the person making
such acknowledgment, is the individual described in, and who
executed the deed or instrument under seal.
SEc. 3. And be it further enacted, That the acknowledgment
of a married woman (residing out of this Territory) to a deed, Acknowledg't
conveyance, or instrument under seal, purporting to be executed ofmarried wo-
by her, shall not be taken, unless in addition to the requisites man how ta'
contained in the preceding sections, she acknowledge on a se- k n.
parate or private examination by the officers taking her ac-
knowledgment, apart from her husband, that she executed such
deed, conveyance, or instrument under seal, freshly, and without
any fear mmpulsion of hI kuband, nor dur. lkd y estate of









such married person, pass by any conveyance, not so acknowl-
edged.
Before whom SEc. 4. And be it further enacted, That all deeds, convey-
taken in the U ances, powers of attorney, and instruments under seal, hereafter
States. acknowledged out of this Territory, but within the United
States or the Territories thereof, and with intent to be used or
recorded within the said Territory, shall be acknowled or prov-
ed before-one ot the commissioners, appointed under the act of
this Territory, passed January 24th 1831, and in those cities or
counties wherein no commissioner is or shall be appointed under
said law, or in case of the sickness, death or inability to per-
form the duties of said office of suoh commissioner, where he may
have been appointed, such acknowledgment and proof may be
taken before the chief justice, or any one cf the associate justices
of the Supreme Court of the United States, District Judge of
the United States, the Judge or Justices of the Supreme, Su-
perior or Circuit Court of any State or Territory; but no proof
How certied. or acknowledgment taken by any such judge or justice, shall en-
title such deed or conveyance to be recorded, unless taken with-
in some place or district to bvhich the jurisdiction of the court
to which he belongs, shall extend; and the place of taking
such acknowledgment be by him set forth in his certificate of
.acknowledgment ; and the certifiyte of acknowledgment of
such judge or justice, be accompanied by the, certificate of the
clerk of the court for which he is such judge or justice, under
the seal of said court, that be is duly appointed or authorized
as such judge or justice.
SEC. 5. And be it further enacted, That if the party or par.
Before whom ties executing such conveyance or other instrument as aforesaid,
to be taken a- shall be or reside in any state or kingdom in Europe, or in North
broad. or South America, the same may be acknowledged or proved be.
fore any minister plenipotentiary, or minister extraordinary, or
any Charge des Affaires, orConsul of the United States, resident
and accredited within any such state or kingdom. If such par-
ties be or reside in any part of Gaeat Britain and Ireland, or tbh
duminions thereunto belonging, the same may be acknowledged
before the Consul of the United states, resident or accredited
therein, or before the mayor or other chief magistrate of each
of the cities of London, Bristol, Liverpool, Dublin or Edin-
burgh, such proof or acknowledgment being duly certified under
the hand and seal of office of such Consul, or of the said may.
or or chief magistrate respectively or of such minister or Charge
des Affaires, shall have like force and effect, as if the same were
taken before an officer of this Territ-ry, competent to take the
same.
SSa. 6. And be it further enacted, That the certificate of
e rt cote suc h acknowledgment as aforesaid, by the officer before whom
tents, &c. the.aame shall'e taken, shall contain and set forth substantially









the matter required to be done or proved, to make such nc:
nowledgment effectual by this act.

PASSED, Jan. 28th 1884.-APPROVED, Feb. 3d 1834.







Chap. 75O-No. 11. An act directing the mode of instituting Suits
against Corporations.

? SEc. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That in all actions or suits which Corporatiou,
may be instituted against any corporation, instead of the pro- how proceed,
cess heretofore used to compel the appearance of such corpo- ectagainmt.
ration, it'hall be sufficient to issue a summons to the Marshal
or other proper officer, reciting the cause of action and sum-
moning the said corporation to appear and answer the same on
the proper return day, which summons shall be returnable in the
manner and.subject to the same rules and.regulations as other
original process.
SEc. 2. Be it further enacted, That if a summons be issued
as aforesaid against any Banking, Rail Road, Insurance, or Service of
incorporated company, service on the president or other head, wricte.how
or in his absence, on the cashier or treasurer, or in the absence
of both the president or chief officer and the cashier or trea-
surer, then on any director of such company, such president,
or other chief officer, cashier, treasures or director, being at the
time of service within the County in which he usually resides,
shall be deemed sufficient service of the said process, and if
the summons be issued against the corporation.of any city, bo-
rough, or town, service on the mayor or chief magistrate, or in.his
absence, on the recorder, or in the absence of the mayor, chief
magistrate and recorder, then on any alderman of the corpora-
tion, such mayor, chief magistrate. recorder, alderman, or other
officer being at the time of service within the limits of such
corporation, shall also be deemed sufficient; and in like man-
ner, the service of such summons on the president, or in his
absence, on any visitor or trustee of any incorporated college
or academy, or on the chief officer of any corporation whatever;
or for want of such chief officer or any member of such corpo-
ration, such president, visitor, trustee, chief officer or other
member being at the time of service within the County in which
he usually resides, shall be deemed sufficient service of such
summons; and on the return of such summons, in any of the







SO
said cases, the same proceedings to a final judgment shall be
bad against such corporation, as are had in other suits at law
after the return of a summons ad respondendem executed on
every summons served as aforesaid, the marshal or other proper
officer, shall make return distinctly on whom the same hath
been executed; otherwise such service shall not be deemed
valid.
SEC. 3. Be it further enacted, That suits in Chancery against
corporations shall comrnence by. subpoena, and the service of
such subpoena of all interlocutor orders and decrees against such
corporations, shall be made in the same manner, and under the
same restriction as is. herein before provided for the service of a
summons in a suit of law ; and the same proceedings, to a final
decree, shall be had against such corporations as are had in
other suits in Chancery.
SEC. 4. Be it further enacted, That if any judgment at law,
P1'f. may sue or decree in Chancery shall be rendered against any corporation,
ut Fifa or El- it shall be lawful for the plaintiff in the suit to sue out either a
egit. distrain or fieri facias, or elegit, as he may think proper ; and
the said writs of fire facias and elegit may be levied as well on
the current money as on the goods and chattels of said corpo-
ration.

PAssED, Feb. 8th, 1834.--APPROVED, Feb. 11th, 1834.







Chap. 751-No. 12. An act to provide for the correction of an erx
ror in the publication of the Statutes of 1833.

Whereas, It appears to this Legislative Council, that a va-
rearnble. riance exists between the Act regulating the rate of interest,
passed 6th February, 1833, as published in the Statute Book of
the Territory, and the original Enrolled Act filed in the Execu-
tive Office-Therefore
SEc. 1. Be it enacted by the Governor and Legislative Coun-
Be published cil of Florida, That the Governor cause a correct copy of the
*iih laws of said Act to be made out from the original in his office, and to be
'34. published at the same time with the laws of the present session)
Acts t take SEC. 2. Be it further enacted, That the said Act shall be
effect from its deemed to take effect from and after its publication, as directed
publication, in the preceding section, and not sooner.

PAssrD, Feb. 12thb 1884.-Arruovnp, Feb. 15th, 18341








Chap 7'T2-No. 13. A~n act concerning Patrols.

SEc. 1. Be it enacted by the Governor and Legislative Coun. Gaptains to
cil of the Territory of Florida, That it shall be the duty of the diidecomp'y.
captains of the several district companies within this Territory, dis
to cause their respective districts to be divided into convenient
Patrol districts, which divisions shall not be altered unless by
the consent of a majority of tha officers of said company ; and
in case the captain of any district coplpany shall neglect to
perform the duty herein before required of hiih, he shall forfeit
and pay the sum of Ten Dollars, to be recovered, before any
magistrate-in said captains district. "*
SEC. 2. Be it further enacted. That it shall be the duty of To make roml
the commanding officers of each district company, to case to ofeachdistrict
be made out a roll for each Patrol district, which shall .include
the names of all the free white male inhabitants above the age
of eighteen years, residing within the said Patrol district: Pro. Who liable to
vided, That nothing herein contained, shall be construed to patrol duty.
compel any male inhabitant of any district to perform Patrol
duty, either in pers.o or by substitute, who may have attained
the age of forty-five years.
SEC. 3. Be it further enacted, That it shall be the duty of the Capt. to pick
commanding officers of each and every captain's company, at off the patrol
every regular petty muster, to prick off from the roll of each at each petty
Patrol district, at his discretion, any number of persons, who muster.
shall perform the duty herein after prescribed until the next re-
gular petty muster; and to every Patrol, the commanding offi-
cer o' the company shall appoint some prudent and discreet
person as commander, and in case the commanding officer of And appoint
the company shall fail to prick off such Patrol, he shall forfeit commanders.
and pay the sum of ten dollars for every such neglect, to be re- Penalty forne
covered before any Justice of the Peace. gleet.
SEc. 4. Be it further enacted, That it shall be the duty of Duty of the
the commander of every Patrol, at least as often as once a fort- capt. of patrol
night, to call out the Patrol under his command, and to take up
all slaves who may be found without the limits of their owner's
plantations, under suspicious circumstances or at a suspicious
distance therefrom, and to correct all such slaves by a moderate
whipping with a switch or cowskin, commonly called cowhide,
not exceeding twenty-nine lashes, unless the said slave shall
have a ticket or letter to show the reasonableness of his or her
absence, or shall have some white person in company to give
an account of the business of such slave or slaves. And if ady Penalt fort
white man shall beat or abuse any slave, quietly and peaceably lawfully abu.
being in his or her master's plantation, or found any where with- sing slave.
out the same, with a lawful ticket, he shall forfeit the sum of
fifty dollars, to be recovered by the- owner, and to his use, by;
action of debt; besides being liable to the owner in an action of
trespass for damages.







'Se
SEc. 5. Be it further enacted. That the aid Patrola in their
trol ma.y divisions, are hereby authorised and required to enter into any
ter disrdry disorderly house, or into any other house, vessel or boat, sua-
house, &c. pected of harboring, trafficking or trading with negroes, whe-
ther the same be occupied by white persons, free negroes, mu-
lattoes, mustizo6s or slaves, and to apprehend and correct all
slaves found there, by whipping, as herein before directed; and
Give n the said Patrols are.moreover authorised and required to give
white person, information of -such white persons as may be found in such
found. house, vessel, or boat, and -to detain in their possession such
produce or* articles for trafficking, as may be found in such
house, vessel, or boat, if such detention be authorishd by any
And detain a- three house-holders, or by any Justice of the Peace, until the
ny article, sa me shall be recovered according to law; and the said Patrols
are moreover authorized and required to disperse all assemblies
Maydisperse of slaves, where three in number, or more may have assembled
Assembliea of together under any pretext whatever, except for ordinary labour,
leaves. without at least two respectable white persons being with them,
who will give satisfactory assilance of tetr orderly conduct,
and should it be necessary for the purposes herein mentioned,
the said Patrols may correct said slaves, so assembled, by whip-
ping, not exceeding ten lashes each.
0apt. to order Sac. 6. Be it further enacted, That if any person competent
patroltosearch to take an oath, shall before a Justice of the Peace, make oath
for runaway or affirmation, in writing, that he, or his neighbour or neighbours
have, in his belief, been pillaged by runaway slave or slaves, or
that his neighbourhood is infested by the same, the said Justice
shall send a certified copy of the said oath or affirmation to the
captain or other commanding officer of the militia company, in
the bounds of which the person so complaining may reside,.who
shall on receiving the copy as aforesaid, order out so many men
of his company,.ae he shall'judge necessary to scour the coun-
T*'he wner totry, and to".mreat the said runaway slave or slaves; and for
compensate p every.aave so arrested and delivered over to jail, or his owner;
trol. the said owner shall pay five dollars to the captain of said com-
panyt to be equally divided between all those who were ordered
on said duty.
Sac. 7. Be it further enacted, That the captain of the Militia
On failure, to company, or officer commanding the same, who shall fail or re-
pay $15. fuse to perform the duties required by the last preceding section
of this act, shall for every such default, forfeit and pay the sum
of fifteen dollars to the party complaining, to be recovered be-
fore any magistrate in the said captain's district, and the said
captain shall, in like manner, recover of each man under his
If the patrol command, who shall fail to attend or refuse, or neglect to per-
s, ay form the said duty, the sum of five dollars for every such fai-
lure, refusal or neglect.
SEC. 8. Be it further enacted, -That the commander of every
Patrol shall have power to keep the men under his command, in







89'

good order and demeanor, during their term of service, and in It patrol ma
case any Patrol man shall misbehave himself or neglect, or dis- "ibehaveh
obey the orders of his commander, he shall be subject to a, fine p d.
of not more than two dollars, to be imposed by the Company
Court Martia!, to which such offender shall belong, or before
any Justice of Peace, to be paid to the county for the use of
the county.
Sac. 9. Be it further enacted, That if any captain of a Pa- Capt. of the
trol shall act disorderly whil5 on duty, so as to defeat the or- patrol liable.
derly performance or execution of the Patrol laws, agreeably to
the true intent and meaning thereof, he shall be liable to be re-
turned by any of the members of his Patrol, or other persons
competent to give evidence, to the commanding officer of the
district, or any Justice of the Peace in the district, who shall
order a Court Martial for such trial, and upon sufficient evidence
being given of the charge, such captain of the Patrol shall be
fined in the sum of five dollars, to be recovered and applied as
aforesaid to the use of the county.
SEc. 10. Be it further enacted, That it shall be lawful for
any person or persons hereby declared liable to perform Petrol Patrol iren
duty, to send any able bodied white man between the ages of may send subl.
eighteen and forty-five years, to perform Patrol duty foa him stitutes.
or them; and if any Patrol man shall neglect or refuse to per-
form the duty required of him. by this act, or procure a substi-
tute to perform the same without a legal excuse, he shall forfeit
and pay a fine of two dollars for each and everydefault, recovered
as aforesaid before a Court Martial of the company of which the
offender may be a member, or before a Justice of the Peace, Patrol man li-
to the use of the county for county purposes: And in all cases aole for acts of
where a substitute is provided, the person employing him, shall substitute.
be liable for his default.
SEc. 11. Be it further enacted, That each captain of Patrol Capt. ofPatrol
shall make a return upon oath of the performance of the duties of to make return
his office, as commander of such Patrol to the captain or officer o oath.
commanding the district company at the regular time required
by this act, under a penalty of a fine of ten dollars, to be reco-
vered as aforesaid.
SEC. 12. Be it further enacted, That it shall be lawful for Any person
any person or person., who may be engaged, in dispersing any may enter sus.
unlawful assembly of slaves, free negroes. mulattoes, or musti peeled houses.
zoes, to enter into all such places, as the said persons may be
assembled atand if resisted, they may break open doors, gates,
or windows.
SEc. 13. Be it further enacted, That it shall be the duty of Capt. to read
the captain or commanding officer of each company, to read thBis aciver
this act to his company at least once in twelve months. 1 naot
Sec. 14. Be it further enacted, That nothing herein contained
shall be so construed, as to deprive the corporate authorities of
say incorporated town, of any power heretofore vested in theg








to regulate and order out Patrols within the fmits of such eat
portion.
Person pro- Sic. 15. Be it further enacted, That if any person or persons
f:cnrii patrol shall commence an action against any Patrol or other person
and failing&e. for any trespass by him committed, in carrying the provisions of
this act into execution, and at the trial thereof, shall fail to re-
cover, he, she or they, shall be liable, and adjudged to pay to
Ste party so sued, treble costs.
If no eptain, SEC. 16. Be it further enacted, That in Counties where the
J P. t perform Militia has not been organised into captains companies, it shall
theirduties. be the duty of the Justice of the Peace in said district, or if
there be no Justre of the Peace, then the Justice of the next
adioining district, to make the same provision for the appoint-
ment of Patrols, under thesame penalty as is prescribed in this
act, against captains of districts.
Repealing SEc. 17. And be it further enacted, That all Laws that are
cause. now in force in this Territory on the subjects of Patrols be, and
the same are hereby repealed.

PASSED, Feb. 6th, 1534.--APPrOvED, Fell. 11th, 184:.







(Shap. 753-No. 14. An act in-relation to trading with Slaves.

SEC. 1. Be it enacted by the Governor and Legislative Coun.
Slavesne*to cil of the Ter:itory of Florida, That from and after the first
tradeincertain day of April next, it shall not be lawful for any slave or slaves
rtieles. to trade and traffic in, or sell any of the fp!lowing articles, to
wit: cotton, sugar, syrup, or molasses, corn, rice, fodder,or
neat: And if any owner, overseer, or other person, shall give
a written permit to any slave or slaves, to trade or traffic in, or
Owner notto sv!l any of the for,'go.ng articles, the said owner, overseer, or
gi e permit. other person so offending, shall be liable for each and every such
offence, to be indicted in the superior court; and if convicted
the ec,f shall be fined in a sum not exceeding two hundred, nor
less than fifty dollars, at the discretion of the judge.
Permits iven SEC. 2. Be it further enacted, That from and after the said
toslaves, void. first day of April next, every permit given to any slave to trade
or traffic in, or sell any of the articles prohibited by the first
section of this act, shall be taken to be entirely void and illegal,
and if any person shall himself or herself, or by his or her ser.
vant or agent, purchase from, or trade or traffic with any slave
or slaves, for any or either of the articles prohibited by the first









section of this act, he, she, or they shall be liable for every such Unlawful to
offence to be indicted before thi superior court, and if convict- purchase, &c.
ed thereof shall be fined in a sum, not exceeding one thousand Penalty.
nor less than one hundred dollars, and imprisoned for a time
not exceeding six months at the discretion of the judge.
Sec. 3. Be it further enacted, That if any person hall buly, Unlawfut to
accept or receive from any slave a, y money, grain, produce, or purchase any.
other article of value, other than those proh.bited by the first
section of this act, without a permit from the person having the fin saves
control of said slave, authorizing said slave to dispose ot said ou, permit.
n money or article of value, he, she, or they on conviction before
the superior court, shall be fined in a sum no, exceeding one Penalty.
hundred dollars, and imprisoned not exceeding three months, dt
the discretion of the juLge.
SEC. 4. Be it further enacted, That if any person shall, him Unlawful to
or herself, or by his servant or agent, sell or barter to any lave 0l spirit, e.
or slaves, any vinous or spirituous liquors of any description,
without an express license tron the person having the control
of said slave, authorizing said slave to purchase ihe same, he,
she or they so offending, on conviction thereof before the su-
perior court, shall be fined in a sum not exceeding one hundred Penalty.
dollars, and imprisoned not exceeding three months, at the
discretion of the judge.
SEc. 5. Be it further enacted, That all acts or parts of acts Repealing
heretofore passed, conflicting with the provisions of this act, be clause.
and the same are hereby repealed.

PAsssz, Feb. 5th 1834.-APPROVED, Feb. 11th 1834.







chap. 754-No. 15, An act to repeal an act, entitled "an act to
provide for the collection of Judgments, against Free Negroes and
other persons therein named.

SEc. 1. Be it enacted by the Governor and Legislative Coun- Act of'32$.
cil of the Territory of Florida, That the act entitled an act pealed.
to provide for the collection of judgments against free negroes
and other persons therein named," passed January 28th 1832,
and approved February 4th, 1832, be and the same is hereby
repealed.

assaX Jan. 16th 1834.--Ar P ovs, Jan. 21st 1844.







36

Chap. 755-No. 16. An act to impose a tax on the proprietors or ex-,
hibitors I Circusses and other Shows of amusement in the TerL
ritory of Florida.

SEC. 1. Be it enacted by the Governor and Legislative Coun-
Circusses &. cil o' the Territory of Florida, That from and after the passage
oe this act, a tax of five dollars per day for each day, on which
the same may be exhibited, shall be levied and collected from
each and every proprietor or exhibitor of any public Circus or
o'her show, so long as he, she or they may continue to exhibit
the same, at every place, in any county in which such Circus or
other show may be exhibited.
Sac. 2. Be it further enacted, That it shall be the duty of
such proprietor or exhibitor of such Circus or ether public show,
Owner ofbefore he shall open the same, to apply to the nearest magistrate
shows to get of the county, where such exhibition is intended to be made,
license from J. for a license, authorizing the same; and Auch magistrate upon
Peace. receiving such tax tor the same, is hereby empowered to grant
such license, stating the number of days for.which such license
is granted.
SEc. 3. Be it further enacted, That if any proprietor or ex-
Penaltyforex- hibitor of any such Circus or show shall exhibit or open the
hibiting with- same, before having complied with the requisitions of this act,
out license. any magistrate of said county upon complaint duly made before
him on oath, within one week after the commission of the of-
fence, is hereby authorized forthwith to issue bis warrant against
the offender and his effects, and upon conviction thereof, the
fHowcollected, said magistrate shall award .judgment and execution for the
same, in double the amount of 4he tax directed by this act. and
for cost as in ordinary cases, the said suit to be prosecuted in
the name of the informer, for the use of the Territory.
Fines&EC. 4. -Be it further enacted, That all fines and taxes thus
u, der this act collected by such maglutrate, shall he by him paid over, one half
how disposed to the preeecutor, attd the othertaiflto-thecounty court, of his
of. count), to be applied to such purposes as the said court may or-
dei and direct for the benefit oi' said county : But nothing in
this act contained, shall be so construed as to exempt any per-
son or persons having paid the fines hereby imposed, from pay.
Th's aci not to ing, in addition, any tax imposed by the authority of any city or
prevent l own town, by virtue of their charters of incorporation and provided
au.horitiesfrrm moreover, that such shows as are prohibited by any city ordinance
axig showed shall out he continued tohe atithorized, within such city. limits,
by reason of a license granted by any county justice of the
peace.

rPsaaD, Jan. 28th 1884.--ArPROvID, Feb. 10th 184k








Shape. 756-No. 17. An act concerning the Auditor and Treasurer.
of the Territory of Florida.

S*c. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the Auditor be allowed
Four Hundred Dollars in addition to his salary for the year Auditor allow
1833, in full consideration for extra services which he has ren- ed 9400 for
dered in settling'the arrears due the Territory, under the provi- extra services.
sions of an act approved February 12th, 1832, and for transfer-
ring the same into the books of the Auditor, and preparing the
accounts, and transmitting them to the District Attorneys of the
several Districts for suit, as required by an act approved 17th
February, 1833.
SEC. 2. Be it further enacted, That the Treasurer of this Treasureral
Territory be allowed in like manner, Four Hundred Dollars for
extra service performed by him in his office, during the same
period.

PaSSZD, Feb. 14th 1834.-APPaovaD, Feb. 15th 1834*







.hap. 757-No. 18. An act to provide for renting out the School
Lands in this Territory.

SEc. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the Judges of the several
County Courts of this Territory shall, as soon as oracticable, C'-ntyCeaw
appoint three Commissioners lor each Magistrates district, and tappoyintE
'where any County may not be divided iLto districts, to appointment
said Commissioners at the discretion of said Judges, lor the
purpose of taking charge of the Sixteenth Sections-said Ce!n-
nissions to hold their office for the term o' two years, dnd un-
til their successors shall be appointed, whose duty it shall be td
rent out said Sixteenth Sections for the term of from one to five
years, and to take bonds or notes with security for the same.
SEc. 2. Be it further enacted, That said Commissieneri Shallgiveng]
haalr publicly advertise the time and place at which the said tice.
jLands shall be so offered for rent, giving at least twenty days
Notice thereof in at least three public places in the Township.
Sac. 3. Be it further enacted, ihut the said Commissioners
shall select on each School Section aPs aifresaid, a suitable num- t t
her of acres in one body, not to exceed twenty, as they may scoiO
think proper for the erection of a School House, which said








twenty acres shall remain urirented and for such purpose only
ake return and they shall annually, on or before the first day of the firs
toCler kCoun term in each year of their respective County Courts, make re
ty Court. turn upon oath to the office of the Clerk of the County Court o
all their doings as Commissioners and trustees as aforesaid
which return shall especially present a full statement of all land.
rented, the term and period of each case, with the name *
names of the lessee or lessees, and the period of each lease
of all money received and expended, and on hand, of all debts
or monies due to the School fund, and of all other matters con,
nected with their trust.
Penalty for SEC. 4. Be it further enacted, That if any person shall here.
respassing on after knowingly and wilfully trespass upon said School Lands, ol
school lands. in any wise intrude upon the same, unless by authority grantee
under the acts heretofore in force in this Territory, be, she, ol
they, so offending, shall be liable to be indicted, and on convic.
tion, to be fined not exceeding five hundred dollars, with costs
before any Court of competent jurisdiction, such fines to be ap.
propriated to the use of said Schools exclusively.
SEc. 5. Be it further enacted, That the funds created by this
act shall be appropriated to the support of schools; and the
Funds how Judges aforesaid, together with the Commissioners aforesaid,
applied. to be by them appointed, shall have power to act, and-are hereby
constituted trustees of the School funds in their respective
Counties, and that no monies shall at any time be drawn from
the said fund, but by special warrant for the same to be granted
Compensation by the Judge and Commissioners of the County where such
of comm'rs. fund shall have been raised; and as compensation for their trou.
ble, they shall be entitled to receive five per cent. on the amount
of all monies received by the them.
SEc. 6. Be it further enacted, That in all Counties where no
Judge County system of public schools has been adopted, the Judge and trus-
Court & trus- tees appointed as above, may, if they deem it advisable, pay over
tees may pay to the principal or trustees of any school or academy whatever,
torchidren. such monies as may have accrued from said fund, and that such
private school or academy shall take charge of such number of
pupils as that their tuition shall not exceed the amount received
from said fund, which pupils shall be selected by the said Judge
and Commissioners from the several townships, in proportion to
the number of children in said townships, to be continued in
such school or academy for the term of one year, and others to
be chosen and schooled annually, regard being always had to
the available proceeds of said fund.
Repealing Sec. 3. Be it father enacted, That all acts and clauses of
4Jause. acts that come within the meaning and provisions of this act
he, and the same are hereby repealed.


PFBmmwx, Feb. 15th, 1834,-'-Aznqvup, Feb, 15tb, 1863.









Chap. 758--No. 19. An act to provide for the more effectual collec-
tion of the Revenue.

SEc. 1. Be it enacted by the Goveraor and Legislative Coun-
cil of the Territory of Flor.da, That in the counties where th re Double ta',
has not been assessed and collected a Territorial tax, for the Sic.
years eighteen hundred and thirty-two, and eighteen hundred
and thirty-three, or either of the said years, there shall for the
year 1834, be assessed and collected a double tax, as a full ac-
quital ol such arrears; and if hereafter, from any cause, the
county courts shall fail to appoint a tax assessor or collector,
for their respective counties, as required by law, or if any va-
cancy shall happen of such officers of the revenue, in any coun-
ty in this Territory, in any year before the taxei ot such county
shall have been assessed or collected, it shall be the duty of the
judge of such county court, to proceed forthwith to mike such
appointment, or fill such vacancy ; and instruct such officer or
officers of the reveLue, so appointed, to proceed to assess or
collect the taxes of such county, and pay the s~me into the
Treasury of the Territory, as prescribed by law, although the
time limited for such assessment and collection may have trans-
pired; and if from any cause it shall so happen that no Terri-
torial taxes shall have been assessed and collected in any coun-
ty in this Territory, in any year herealter, it shall be the duty of
the assessor and collector, and they-are hereby required, to as-
sess and collect, for the next succeeding year, double taxes;
ind pay the same into the Treasury as required by law : Pro-
vided, that the offices of assessor and collector shall be filled by
two distinct persons.
SEc. 2. Be it further enacted, That the judges of the sever-
al county courts, shall have authority and they are hereby requi-
:ed, when it shall be necessary, to hold a court in chambers, for Auditor to
:he purpose of examining & allowing to the tax collectors of their commence suit
-espective '"counties, their list of insolvencies and overcharges,
ind determining the rate of commissions to be allowed them for
assessing and collecting, and certify the same, to enable the
;ax collectors to settle their accounts, with the auditor i the
:ime required by law: Provided, that the said commissions
shall not exceed eight per cent for assessing, and eight per cent
or collecting
SEe. 3. Be it further enacted, That if any tax collector in
:his Territory shall fail to collect the taxes for his county and
)ay the same into the Treasury of this Territory, within the
:ime required by law, it shall be the duty of the auditor and he
s hereby required, within sixty days after such defalcation of Revenuaelaw
iuch tax collector, to make out a certified account against such e e
defaulting tax collector, under theseal of his office, and to trans-
nit the same to the district attorney of the district, in which the
iunty of such defaulting tax collector lies; and it shall be the









duty of the said district attorney, t6 cause suit on simple motion
to be instituted against such defaulting tax collector and his se-
curities, in the superior court of the county in whi6h such de-
faulter was tax collector, at the next term of the court for said
county, and shall have judgment and execution awarded against
the said tax collectors and his securities, with legal interest,
without any delay.
SEC- 4. Be it turther enacted, That the fourth section of an
act entitled, an act to amend an act to raise a revenue for the
Territory of Florida," approved February 12th 1832, be and
the same is hereby repealed.
SEc. 5. Be it further enacted, That the* 9th section of an
alt entitled "an act to amend an act to raise a revenue for the
Territory of Florida," approved 21st of November, 1829, be
in'torce for the present and every succeeding year thereafter.
SEC. 6. Be it further enacted, That the auditor of the Ter.
ritory, shall be required in each and every year, to embody the
revenue laws of this Territory, which may be in force for the
time being, and cause the same to be printed and transmitted to
the respective revenue officers for their instruction.
SEC. 7. Be it further enacted, That the fourth section of
an act to provide for the speedy settlement ot all arrears due
the Territory of Florida," approved February 12th 1832 ; and
Bepealirg the fourth section of an act to repeal an act to provide for the
1?luse. speedy settlement of all arrears due the Territory of Florida,
and for other purposes," approved February 17th 1833, and all
acts and parts of acts inconsistent with the provisions of this
act, be and the same are hereby repealed.

PASSED, Feb. 15th 1834.--APPROVED, Feb. 16th 1834'







Ghap. 759-No. 20. An act to provide for the completion of the
Capitol.

SEc. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That there shall be appointed
Governor to three persons by the Governor of this Territory, to constitute a
appoint direc- Board of Directors, whose duty it shall be to superintend the
Ws' erection of the Capitol, and cause the same to be built accord.
ing to the plan heretofore adopted by the Legislative Council,
or to make such changes as may by them be deemed expedient,
and be approved by the Governor: Provided, however, that







41

such change shall not increase the cost of building beyond the
available means of the rallahassee fund;
SEc. 2. Be it further enacted, That the said board or any May draw ol
two of them shall have power to draw upon the Commissioner, Commisaioner
of the Cityof Tallahassee for money in favour of the contract-
ors, as the work of said Capitol shall progress, and the said
commissioner shall pay all such drafts out of any money he
may have in his hands for or on account of said fund, which
drafts when properly receipted, shall be his sufficient vouchers'
therefore.
SEC. 3. Be it further enacted, That the said board shall have
power to contract with any person or persons for the building May contact
aforesaid, who should enter into bond payable to the governor for building.
and his successors in office in double the amount of the con-
tract, with security to be approved by the said board of directoust
conditioned for the faithful and punctual performance of the
contract so entered into as atoresaid : Provided, that if either of Director not
said directors shall become a contractor, or a security for a con- to be contract.
tractor, he shall thereby cease to be a director, and the Governor tor.
shall proceed to fill the vacancy as hereinafter provided.
SEC. 4. Be it further enacted, That in case of the death rw Vacancy lhow
signation, failure to act, of any of the said boatd, or vacancy filled.
from any other cause, it shall be the duty of 1he governor to fill
such vacancy or vacancies.
SEc. 5. Be it further enacted, That to enable the said com-
nissioner to meet such drafts as may be drawn as aforesaid, by Board may
the said directors, the said board are hereby authorized and em- seil land.
powered to sell and dispose of the north-west quarter of section
thirty-six, township one, range one, noith and west, heretofore
appropriated to the purpose of building the capitol,iisuch man-
ner as they may deem most proper and best adapted to the ben-
efit of the said Tallahassee fund: And to effect the purposes
of this act, and the said commissioner shall have full power and
authority to make and execute such deed or deeds of bargain,
sale, or conveyance in fee simple as shall be fit and proper to
perfect the sale so made, as aforesaid, and the monies arising
from such sale or sales, shall be paid into the hands of the said
commissioner.
SEc. 6. Be it further enacted, That the said directors shall
Contractto be
commence to carry into effect the provisions of this act as soon approved by
as may be by deemed advisable, provided, that no contract shall Leg. Council.
be entered into, or work commenced, untilthere shall be in the
hands of the commissioner at least five thousand dollars of
actual cash: Provided. that if such contract be entered into
before the next session of the Legislative Council, it shall not
go intq effect until it is reported to t*e Council and receive its
sanction: Provided also, no such contract shall be entered in- gi t6v,
to until four months public notice of the same shall be made. ia
all the newspapers printed in this Territory..
E








Szc. 7. Be it further enacted, That the said board may, if it
i .o be by them deemed expedient, and if the same be approved by
ia.on oi. the Governor, appoint a corspetent and skilful person to judge
of the quality of the materials furnished, and to inspect from
time to time the work done under the direction of the board;
-seh person to receive such reasonable compensation,oot ex-
ceeding two dollars per day while employed, nor two hundred
-sad fifty doll' r per annum, as the board may award and the
Governor approve of, to be paid as part of the expenses of the
building,*by the said commissioner.
Board to mnke Szc. 8. Be it further enacted, That the said board of direct.
reporttocoun- tors shall annually hereafter within the first week of 4be session
cii. of the Legislative Council, make out and present to said ('oun-
-eiF a report of the amount of monies by them drawn for, in fa-
vourof the contractors the progress made in %the building, in
the sales of land and all other matters and things touching the
objects of this act.
May sell two Szc. 9. Be it further enacted, That whereas, by virtue of
Lots. an act of the Legisltive Council, passed February 9th 1832 ;
otp Nos. 206 and 207, in the addition to the city of Tallabas-
see, have reverted back to the Territory, the said commissioner
shall have full power and authority to sell the same for the ben.
efit of the Tallahassee fund.
SEc. 10. Be it further enacted, That the said commissioner
shall cause to be copied upon parchment from the originals on
file ia his office the plan of the city of Tallahassee, and the ad-
Tlan of City edition to the same, which shall be certified by the Governor
to be filed in and commissioner upon the said copies to be true copies of the
Clerk's officee originals on file in their respective offices, and recorded iir the
County Court. office of he clerk of the county court of Leon County.

PAuBE, Feb. 15th 1834.-ArPPRovD, Feb. 15th 1834.







Chap. 760-No. 21. An act to provide for the permanent location of
the Seat of Justice of Walton County and to repeal a certain act
therein mentioned.
County seat Sec. 1. Be it enacted by the Governor and Legislative Coun-
bovselected. cil of the Territory of Floiida, That the county court of the
county of Walton, while in session, transacting county business
shall have power to select a county seat in and for said county;
either by appointing commissioner to select the same, or rb







45
.ordering an election by the voters of the said county; to be gov-
erned by the same rules, and regulations as are provided by law
for the election of members of the Legislative Council.
SEC. 2. Be it further enacted, That the place selected by Placeselected
the commissioners authorized to be appointed by this act, or to be perma-
elected by a majority of the voters of the county, shall be the nent.
permanent seat of justice of said county.
SEC. 3. Be it further enacted, That it shall be the duty f Com'rs to be
the said county court, after the seat of justice for said county is appointed.
established; in either of the ways herein provided for, to ap.
point commissioners, to contract for the building of a court.
house, and jail, at the said place; and the said court, in order M raise
to raise a fund sufficient for the same, shall have power to im- fund by taxa-
pose and collect taxes from time to lime, as the court may deem tion.
necessary, to complete the buildings aforesaid.
SEC. 4. Be It further enacted, That after the couit-house is Courts to be
finished and received by the commissioners; it shall be the duty held in Court
of the judges of superior and county courts,'to hold their re- House.
spective courts at said court-house.
SEc. 5. Be it further enacted, That the act entitled "an act Act of'33 rc-
to provide *or the permanent location of the county site in Wal- pealed.
ton county, and for other purposes," passed 14th February,
1833, and approved 16th February, 1833, be, and the same is
hereby repealed.

PAssED, Feb. 8th 1834.-APPROVED, Feb. 11th 1834.







#hap. 761.-No. 22. An act to provide for the completing of the
Court House in the County of Duval.

WHEREAS, The court-house of Duval county, is in an unfin-
ished state, and there are yet due and owing upon the same,
monies, which it is believed will impose too burdensome a Preamble.
tax upon the people of Duval: And whereas, it is desirable
to pay those said sums and complete said building; as well
for the greater convenience of the administration of justice,
as for the double purpose of an Academy, for which purpose
in part the said building, when completed, is designed, There-
fore,
SEC. 1.1 Be it enacted by the Governor and, Legislative
Council of the Territory of Florida, That it shall and may be Commseion-
(wful for Joseph B. Lancaster, Isaiah D. Hart and William J. ers appointed.







44
May raie Mills or any two of them under Ahe direction of the 'county
06,000 by Lot- court of Duval county, to raise by lottery in such scheme or
tery. 'schemes as they may deem appropriate and advisable, any sum
Must give of-money not exceeding six thousand dollars : Provid(d, that
bond. the seid persons shall bind themselves in such manner as the
ahid conrt shall direct, well anu truly to conduct such lottery in
good faith, and to appropriate the proceeds to the object above
stated; And provided further, that said persons, managers of
C aid lottery, shall be allowed in compensation for their services,
Compensation .
ixd byCoun- a sum not exceeding six per centum upon all monies raised by
ty Court. said lottery to be adjudged of and allowed to them by the said
county court.

PAssED, Feb. 7th 1834.-APPROVED, Feb. 11th 1834.







Chap. 76--No. ~5. An act to change the time of holding the Supe
rior Courts in the Counties of Walton, Washington, Jackson an<
Franklin, and for other purposes.

SEC. 1. Be it enacted by the Governor and Legislative Coun
cil of the Territory of Florida, That the time of holding th
Superior Courts, in the foregoing Counties, shall be as follows
STime of hold- In the County of Walton, on the first Monday in March an
in e C urts in third Monday in November.
Warton. In the County of Washingtom, on the second Monday i
Wasiniwton. March and on the fourth Mouday in November.
Jacksn, In the County of Ja'kson, on the third Monday in Marc
and first Mondaiy in December.
Franklin. In the County of Franklin, on the first Thursday in Apri
and on the first Thursday Iater the third Monday in Decemhe
SEc. 2. Be it further enacted, That all wtits dnd other pre
Process in cess returnable or returned to the Superior Court in the Coun
Fl klinregu o Franklin, shall be held and deemed returnable to said Coul
at the term herein above directed.
SE.c.. Be it further enacted, That all cases returnable
returned, to the last term of the County Court of Jacason, ai
the Superior Court of Frankhn, shall be considered as standit
Casesreturn- on the trial docket of said Court at their next regular tent
ed to last Co.
Coud i:' and that-the parties be illowvd to make upthepleadingstherei
on or before the first day oftaid next terms.
Act in force Sac. 4. Be it further enacted,, That this act shall be in for
frompassage. frow.i and after its passage.
PASSED, Feb. 15th, 1834.-APR ovVED, Feb. 16th, 1834.








$hap. 763-No. 24. An act to alter and fix permanently the Sessions
of the Superior Courts in and for the District of East Florida.

SEc. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida and it is hereby enacted by the ingCo'ts char-
authority of the same, That the superior court foi the district ged.
of east Floridi, shall be held at the times and on the days here-
in designated, to wit:

THE SPRING TERMS. S
Spring Term.
for the counties of St. Johns and Mosquito, on the second
4 qday in March.
For the county of Nassau, on the second Monday in April.
For the counties of Alachua, Columbia, and Hillsborough, on
the Wednesday after the third Monday in April.
For the county of Duval, on the first Monday in May.

THE SUMMER TERM. Summer term.

For St. Johns and Mosquito counties, a chancery term, and
a court for the trial of land claims, on the second Monday in
July, and a chancery term on the second Monday in September.

THE FALL TERMS. Fall Term.

For St. Johns and Mosquito counties, the second'Monday in
October.
For Nassau county, the second Monday in November.
For Alacbua, Columbia and Hillsborough counties, the Wed-
nesday after the third Monday in November.
For the county of Duval, the first Monday'in December.
Sac. 2. Be it further enacted by the authority aforesaid, Not in force
That this act shall not be of force, unless an act of Congress until approved
shall give to the Legislative Council the power of arranging by Congresm.
by.law, the times of all the courts in -the said district of east,
Florida, and in the event of such delegation of power by the
Congress of the United States, this act shall be -of force from
and after the first day of September next, and not before.


PasasE, Feb. 12th 1834.-ArraovzD, Feb. 15th 1834.








Bhsp. 764-No. 25. A% act to organize a County to be called Hil-a
borough, and for other purposes.

SEc. 1. Be it enacted by the Governor and Legislative Coun.
til of the Territory of Florida, That the district of Country,
Boundarie 'bounded as follows, to wit :-On the North by Alaeuva County,
fed. by a liue running East and West from the Indian village of
Toachatka, forty miles from Tampa, East by Aiosquito County,
South by Munroe Ceinty, and West by the Gulf of Mexico,
shall constitute a County to be called Hiiisb'rough.
r SEc. 2. Be it further enacted, That the -Governor of this
Goveroto Territory be, and he is hereby empowered, and it shall be his
duty to appoint for the said County, such officers as he s, or
may be authorised to appoint in the other Counties of this'er-
ritory.
Sac. 3. Be it further enacted, That the inhabitants of said
Office's to be County be, and they are hereby authorised to elect such of-
elected. ficers, civil and military, as are by law directed in the several
other Counties of this Territory, in the same manner, and sub-
ject to the same duties, regulations, provisions and response.
abilities.
County Courts SbC. 4. Be it further enacted, That it shall be the duty of
when where the Judge, to be appointed by virtue of this act, to hold two
ed terms of his Court, in each and every year, at the village of
Tampa, until the permanent seat of Justice shall be establish-
ed; said terms to commence on the first Monday in April, and
on the first Monday in October.
Judge of Co. SEc. 5. Be it further enacted, That it shall be the duty of
Court to ap- said Judge, at the first term of his Court, (any two Justices of
point Comr'u said County being present, and concurring therein) to appoint
three Commissioners, inhabitants of said County; one from
the northern, one trom the middle, one from the southern sctior:s,
whose duty it shall be to select the most convenient and eligible
situation for the County Seat of said County,
Courts to be SEC. 6. Be it further enacted, That when said County Seat
held a County shall have been established according to the provisions of this
ite. act, it shall be the duty of the said Judge to hold his Courts at
the place so established, and the Clerk of said County shab
keep bis office there.
Sac. 7. Be it further enacted, That if said Commissioners,
1 Comm'rs do or a majority of them should not agree in the selection of a
ot agree, Co. site for said County Seat, the subject of said disagreements
ourt,&c. shall be referred to the County Court, whose decision shall be
tinal.
To be attached SEc. 8. Be it further enacted, That the Counties of Colum-
to 8th district, bia, Alachua and Hillsborough, shall compose the eighth elec-
tion district.
Testimony of SEC. 9. Be it further enacted, That any testimony required
citizens taken in the Superior Court for the district comprising the Counties








4f Columbia, Alachua and Hillsborough, from citizens of Hills. by irterroga.
borough county, in civil cases, may be taken by interrogatories tries.
under commission from said Court.
SEc. 10. Be it further enacted, That the election for Coun* Election for
ty Officers for the aforesaid County. shall be holden on the first Countvofficers
Monday in March next, and thereafter, at such times as are or when held.
may be directed by law.

PASSEP, Jan. 22th, 1834.-APPRovED, Jan. 25tb, 1834.







Chap. 765-No. 26. An act to repeal certain acts organizing the
County of Fayette.

SzE. 1. Be it enacted by the Governor and Legislative Coun- Acts sof'2 .
oil of the Territory of Florida, That "an act entitled an act to '33 repealed.
organize a county to be called the county of Fayette, passed
February 9th, 1832, and approved February 9th, 1832, also an
act entitled "an act more accurately to define the boundaries of
Fayette county, and for other purposes, passed February 14th,
A. D. 1833, and approved February 16th, 1833, be and the
same are hereby repealed.
Sac. 2. Be it further enacted. That all that portion of terri- Annexed to
tory lying within the boundaries of Fayette be, and the same is Jackson.
hereby annexed to the county of Jackson.
SEc. 3. Be it further enacted, That all suits pending in the
Superior or County Courts, of said county of Fayette, together
with all records, papers and documents, whether criminal or A
civil, appertaining to said Courts, shall within thirty days after toA beits &l
legal notice thereof to the Clerk of said Superior or County over to Clerks
Court, be respectively delivered over to the Clerk of the Court of Jackson.
having jurisdictions of the same in the county of Jackson; and
that said suits shall stand upon the dockets of the said Courts
in Jackson, as of the term to which they properly belong in the
county of Fayette.
SEc. 4. Be it further enacted, That all offences against the All crimes &c.
criminal and statute laws of this Territory, committed in the tried in Jack-
county of Fayette, where prosecutions have or may be instituted, son'
shall be tried in the county of Jackson, as though committed
within the limits of the same.
Sac. 5. Be it further enacted, That the Clerk of the County Cl'k Co.Court
Court of Jackson may issue writs of election to the different wsssJ rits o
precincts in the said county of Fayette, giving notice of the election, &c.








election tob1i*el4 forwr county offi'era, 'on the first Modnday in
February riext; and that said rl otl, hall be as valid as though
given ltwty days before said election.

PASSED, Jan. 20th, 1834.-APPRov-D, Feb. lst, 1834.







Ohap. 766--No. 27. An act to facilitate 't.e draining ofcLands

WIHEREAS, Considerable bodies of land in.several parts of
Preamble, this Territory, lie unimproved beeauae the .owners have not
-power to cut pitches through neig1iouring interfering lands
into natural drains and sinks, and as the im )rovernentof such
lands would not only render them more useful to the 'proprie.'
tors, but would operate as a public benefit.
SEC. 1. 'Be it enacted by the Governor and Legislative Counm
cil of the' Territory of Florida, That any person or persons
seized of land whith is overflowed or liable to be overflowed
Landssubject with water, having given two 'months notice by advertisement,
owdinundat set up at the court-house door of the county wherein the land
lies, and to the owners of, or persons residing on'the land,
through which he wishes to cut a ditch for the purpose of drain-
ing his lands, or his intention to anply to the county court of
said county for a commission to have a way laid out for that
purpose (and said application may be made in person or by pea
tition in writing to said court) a~hd upon'proof being Imade to
the satisfaction ot' the court, that nolice has been given as afore.
said, or upon the other persons interested, appearing and waiv-
ing the notice as aforesaid, the couit may iisu4 a commission to
any three freeholders in said ronnty. agreipd on by all parties
empowering 'hem, or a majority of them, to lav out a way fot'*
ditch to run through the lands mentioned in the commission ac-
cording to the directions of this art, but if the persons interest-
ed, shall not agree-on the persons to be coonmissioned, then
and in that case the said court shall appoiat,.Ahree discreet per-
sons, freeholders, not interested in the lands,. nor related by
consanguinuity or affinity to either of the parties to whoth a
commission shall issue as aforesaid.
Comm'rs shall SEc. 2. Be it further enacted, That the si eomtriiAtiera
give notice to or a majority of thbn, shall give notice !y advertisemtet, set
how interest- up at the court-house door of the county. and at such other places
as they may deem most effectual, of thie time af their olting,
thirty days atleast before their 'hieeting," which meeting shall








be on the land, in IRd upon which said ditch or drain shall be
petitioned to be cut, when they shall enter upon and. ptroe~ e in'
the execution of their commission, agreeable to the notice given
by them, as aforesaid, but before any commissioner shall proceed
in the execution of any commission otherwise than by notice as
aforesaid, he shall take an oath or affirmation before some justeie s8hltakeoath
of the peace, or some one of the commissioners (who are
hereby authorized to administer the same) that he will, without
favour or partiality, lay out a way for a ditch, which, according
to the best of his judgment, will best answer for draining off
the water from the lands mentioned in said commission, regard,
ing the interest of all parties, and truly to ascertainthe damages
if any to the person or persons through whose land or lands such
ditch shall be cut, and a true return tomake thereof, to the court r
Provided always, that no such ditch shall be made or laid out No ditch to
through any garden, yard or grove, except with the consent of be cut through
the proprietor: And provided also, That any person appre. yard, kc.
ending himself or herself agrieved by the determination of Party may
the court either in granting or refusing to grant the commission appeal.
aforesaid, or in any matter in consequence of this act, may ap-
peal to the Superior Court holden in or for said county, whose
determination shall be final.
SEC. 3. Be it further enacted, That the said commissioners
or an) one er.more of them, may adjourn from time to time ats Ma raumay
he or they may think necessary, and they or a majority of them far dith.
shall cause a way for the ditch (in case such ditch shall be
deemed necessary) to be marked out by the Surveyor of the
County, or by -such other person as they may think fit to appoint
for the purpose; of such width not exceeding twenty feet, and
of such length as they may think necessary for draining off the
water, regarding the intereAt of all the persons, through whose
lands the water may run, until it shall be emptied into some
branch or other sufficient vent to discharge the same, and may
cause trees to be marked, or marks to be set up to perpetuate
the location of the same.
SEc. 4. Be it further enacted, That the commissioners or a
majority of them, shall determine, the compensation to be made Shall deter.
to tl. owners of the lands, through which the ditch shall pass, mns compnJ.
which compensation together with all expenses attending the
commission, shall be paid by the person or persons applying for
such commission, and the ditch when cut, shall be kept open
and repaired at the expense of the person or persons applying
for the same.
Sac: 5. Be it further enacted, That after any way or ditoh.Proseedian to
hall be laid out agreeably to this act, the court shall direct the recorded n
ippliratil r for such %ay or ditch, and the return thereof to be Crs
-ecorded Wthhe expense of the party applying for the same, and
hereupon,.and thereafter the priviledge of renting and draining
if water, shall be vested in the person or persons applying for









)he same, and'paying for it, and to their heirs and. assigns for.

Unla l SEc. 6. Be it further enacted, That it shall not be lawful for
stop any oitch. any person to stopup.or change or in any way to impede theflow-
ing of the water in any ditch or cut, under this act, under the
Penalty. penalty of twenty dollars for every such.offence, to be paid to
the party injured, and to be recovered before any justice of the
peace : Provided always, that the owners of any lands through
which a ditch, laid out as aforesaid, may run, shall not be debar-
Proviso, red of the privilege of crossing said ditch with convenient
bridges and the necessary fences for enclosing and dividing the
lands.

SEC. 7. And whereas, natural drains, sinks, and branches are
frequently choked up by the falling down cf trees or other
obstructions, so as to occasion the adjacent lands to be over.
flowed with water.
Trees, &c. Be it therefore further enacted, That the person or persons
across any whose lands shall be overflowed with water in consequence of
branchordrain impediments from the falling of the trees or floating of timber,
to be removed or other obstructions across any natural drain, sink or branch,
may give notice to the owner of the land on which such empe-
diments may be, and if he shall refuse or neglect to remove the
same after two days notice, then it shall be lawful for the per-
son or persons whose land may be overflowed as aforesaid, to
cause the said obstructions toAe removed.
This act not SEC. 8. Provided always, and be it further enacted, That
to effect mills, nothing in this act shAll be construed to effect the rights of the
owners of mills, nor shall any commissioner under this act have
power to lay out a ditch to draw off the water from any mill.
SEC. 9. And he it further enacted, That each commissioner
Payof com'r. shall be entitled to one dollar and twenty-five cents for every
trveyor,&c. day he shall attend in the ex-ecution of such commission, that
any person acting as Surveyor, shall receive such allowance pet
day as shall be :djudged by the commissioners, not exceeding
two dollars and fifty cents, for every day he shall be necessarily
employed. That each chain carrier shall be entitled to receive<
Zy whom paid one dollar per day, to be paid by the person at whose request
the service shall be performed, and if necessary attachmen
shall be issued by the County Court to compel such payment.


PASSED, Feb. 14th 1834.-APrrOvED, Feb. 15th 1834.'








Chap. 7G7--No. 28. Am act m relation to rafted Lumber adrift.

SEC. 1. Be it enacted by the Governor and Legislative Coun- Rafts adrift
oil of the Territory of Florida, That when tny person or per- to e secure
sons shall find any ralt or r:ifts, of sawed, hewed or round lum. and advertised
her adrift, in any of the bays, rivers, lakes, bayous, lagunes or
creeks of this Territory, it shall be the duty of such person or
persons to secure such raft or rafts in the place or places where
found, or in the nearest place of safety, and to proceed as soon
as possible theorafter to advertise the same at the door of the
Court House of the county where found, stating the kind and
probable quantity of lumber, the place or places where found
and where deposited.
SEC. 2. Be it further enacted, That if after the expiration How disposed
of sixty days from the date of the advertising thereof, no per- of'
son or persons shall have claimed and established their right of
property to said lumber, to the satisfaction of the justice of the
peace (to prove which right the person or persons claiming as
the owner-or owners of said lumber, shall not be required to
produce testimony upon oath, to the identity thereof, but such
circumstantial proof as the nature of the case admits.) then it
shall and may be lawful for such person or persons finding the
same, to take it to the nearest market and deliver it to some act-
ing justice of the peace, whose duty it shall be forthwith to sell
th same to the best advantage; to pay to the finder or finders, all
necessary and reasonable expenses, to reserve to himself five
per cent, as compensation for his services, & to place the balance to Jp.nsa i
in the hands of the clerk of the county court, whose receipt he
shall take. But if before the expiration of the sixty days, tho
owner or owners shall appear and establish their right to said
lumber, such owner or owners shall pay all expenses, and rea-
sonable charges for securing the same to be determined in case Expenses how
of difference between the parties, by an arbitrator appointed by paid.
each; but if after the expiration of another term of sixty days,
no right shall have yet been established to said lumber, then the
balance of said money remaining in the hands of the Clerk,
shall be paid over one half to the person or persons claiming in If no owner
consideration of the finding thereof, and the other half to the appear.
County Treasurer, to be applied in common with other funds to
county purposes.
SEC. 3. Be it further enacted, That if any person or persons
finding any raft or rafts of lumber adrift, as aforesaid, shall take Penalty for
the same to any market and sell it without complying with the removing rafts
provisions of this act, or shall dispose of it in the place or pla- without adver-
ces where found, as his or their lumber, such person or persons tisig.
shall be deemed guilty of larceny and punished accordingly.
Sac. 4. Be it further enacted, That the restrictions herein Proviso.
contained, shall not extend to lumber broken asunder from rafts
and driven ashore on the coast.
FAssaD, Jan. 3Dth 1884.-APPROVBD, Feb. 10th 1834.








Chap. 768-No. 09. An act to arnend an act, entitled "An act to
organize and regluate the Militia of the Territory of Florida, and
to repeal an act passed first February, 1838-Approved, 17th Fe-
bruary, 183.

SEC. 1. Be it enacted by the Governor and Legislative Coun-
Brig.Generals il of the Territory of Florida, That it shall be.lawful, and it is
tions incertain hereby made the duty of the Brigadier Generals, to order elec.
cases. tions whenever they shall deem it necessary, within their respec-
tive Brigades, for the purpose of electing the field officers of
such regiments, as may have failed or neglected to organize un-
der the laws above recited; which election shall be conducted,
and returns thereof made according to the rules and regulations
pi scribed in the eighth section of the law, to which this isan
amendment.

PASSED, Jan. 30th, 1834.-APPROvED, Feb. 3d, 1834.







Chap. 769-No. 30. An act to amend the several acts in relation to
driving or bringing into this Territory, neat Cattle belonging to
persons or citizens of the several States.

SEC. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That any person or persons not
on-residents being residents of this Territory, who shall drive, or bring, or
bringing castle
into Territory have in this Territory, neat cattle for the purpose of range and
shall pay tax pasturage. shall go before some Justice of the Peace for the
to J. P. County in which such neat cattle are driven or. brought for the
purpose of range and pasturage, and shall make affidavit of
the number of head of such neat cattle, and shall pay to such
Justice of the Peace, for each and every head thus given in, fifty
cents annually, and the receipt of such Justice setting forth the
number of head of neat cattle thus paid for, shall be a discharge
of -uch person or pe sbns for the tax levied on such neat cattle:
Provided, that this section shall sot be so construed as to aff-ct
Proviso. cattle raised in thi. Territory, and given by will or otherwise to
minors out of the Territory.
SLc. 2. Be it further enacted, That if any person or persons
having iileat cattle in this Territcr% as aforesaid, shall fail to give
Penaltyfor fa- i' and pay for the same, :is provided for in the first section of
lure. this act, it shall be the duty of any Justice of the Peace upon in-
frmation thereof. to issue his warrant, directed to any constable
or other person, directing such neat cattle to be impounded and








there kept and secured until such tax shall be paid; and if such
tax be not paid within ten days after such impounding, it shall
be the duty of 'sch Justice of the Peace, to cause the said neat Col manyte
cattle, or so many thereof as will pay the said tax and costs, to
be sold to the highest bidder for cash.
SEc. 3. Be it father enacted, That each and every Justice Duty of J. P.
of the Peace receiving any tax under the provisions of this act,
shall make return to the County Court of the county of all taxes
so collected and received, and shall pay the same into the Coun-
ty Treasuryfor county purposes.
SEc. 4. Be it further enacted, That all acts or parts of acts Repealing
conflicting with the provisions of this act be, and the bame are clause.
hereby repealed.

PAssED, Feb. 14th 1834.-APPRovED, Feb. 15th 1834.







Chap. 770-No. 31. An act to autnonse the County Courts i this
Territory to appoint Inspectors uf Cattle in their respective Coun-
ties.

SEa. 1. Be it enacted by the Governor and Legislative Coun. Co. Courts re.
cil of the Territory of Florida, That in each and every county quired to ap-
in this Territory where a butchery is, or shall hereafter be es- point inspect.
tablished for the purpose of preparing beef fbr exportation, ors of beef.
whether the same be jerked or salted, or otherwise prepared, it
shall and may be lawful for, and is hereby declared to be the
express duty of the court ty court, to appoint a beef inspector
or inspectors, as may be most coi.venient, whose duty it shall be
to perform the services hereinaftei mentioned.
8EC. 2. Be it further enacted, That it shall be the duty ofInspoct'rsmust
the beef inspectors, thus appointed, punctually to attend upon attend Nhen
short notice at such butchery, on each and every occasion, when
reeves are butchered, then and there to take the marks and
brands of all beeves at the time they are hauled up or otherwise
confined and butchered, and to register in a book by him (the
inspector) to be kept for that purpose, the artificial marks and Must keep a
brands of each and every beast butchered, as well also, as the book toreer
natural marks and age of each beef, as nearly as practicable, &c.
together with the name of the person from whom purchased or
raised, by the proprietor of said butchery. Must make re.
SEc. 3. Be it further enacted, That it shall Tbe the duty of turns to Clerk
the said inspectors respectively, once in three months, to make of Cc. Court.







54

and return to the clerk of the county court of the county wherein
To be filed such butchery is situated, a true copy of all his entries in his
by the Clerk. said book, and a true statement of all his pioTeedings in his
said office, and it is hereby declared to be thecduty of such
clerk to file th. same for the inspection of all persons applying
therefore.
SEC. 4. Be it further enacted, That it shall be the cuty of
Duty of per- each and every person or persons engaged in butchering or oth-
sons engaged
in butchering. erwise preparing beet' for exportation as afore's'll, after the
appointment of inspectors aforesaid, upon, and at the
time of butchering any beef or beeves, to call upon some
one of such inspectors and. notify him to attend and take the
marks and brands as required by'law, of the beef.or beeves so
about to be butchered; and if such inspector shall thereafter
fail to attend promptly, he shall then call upon two disinterested
and respectable persons of the neighbourhood, to perform the
Penalty for duties of inspector. And any person so engaged in butchery,
failing. who shall fail to perform the duties hereby enjoined, shall for
every beef so butchered, forfeit and pay to such person as shall
make complaint, the sum of fifty dollars, to be recovered in
action of debt, one halt to the complainant and the othc half
Inspectors to to the county where the said action is pro-ecuted to judgment.
be sworn. 9SEC. 5. lie it [turthOr] enacted, That the several inspectors
of beef cattle, hereby appointed, shall be sworn to discharge the
duties of their respective offices, before entering upon the same
-and if at any time any person engaged as aforesaid, in butch-
ering or othprwkise, preparing beef for exportation, shall give
notice to any inspector to attend at the butcherv for the purpose
hereinbefore expre.-sed, and if said inspector shall fail or refuse
to attend, except for some reasonable excuse, such inspector
Penalty for shall forfeit and pay to said person for whose use and in whose
filing to at- name the said butchery s conducted, or any other person pro-
tend when re- secuting for the sane, the sum of twenty dollars, to be recov-
quired. ered by action of debt before any justice of the peace, in the
district where said inspector resides.
SEC. 6. Be it further enacted, That the county court, in
each county shall have power to fix the rate of allowance to be
Co. Courts to made to inspectors of beef cattle, tor the duties hereby enjoined,
fix fees of in- the one half whereof, shall be paid by the purchaser, and one
sectors. half by the seller of any beef' or beeves, paying due regard to
the amount of business to be done by, and at any butchery so
Act to be in as to make the allowance reasonable and no more.
force from !2th SEC. 7. Be it further enacted, That this act shall be in force
March. from and after the 12th of March, 1834.
Repeatig SEc. S. Be it further enacted, That all laws heretofore pas-
clause. sed, to authorize the county courts in this Territory to appoint
inspectors of beet in their respective counties, and regulating
the inspections of beef, are hereby repealed.

PAssED, Jan. 31st 1834.-APPROVED, Feb. 10th 1834.









chap. 7711-No .3. An act to incorporate the Tallahassee Jockey
Club, tor the eicournagement (improv(teenst) of the breed otl'orses.

S3E. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Terrj ry of Florida, That the officers and all those
persons who\qWfunited themselves by an act of association, Tallahassee
under the name andastyle o~fth "Tallahassee Jockey Club," Jockey (Club
for the improve t of the breed of horses in the Territory of incorporated.
Florida, and whoi-ih to continue in said association, and such
other persons as they may hereafter permit to join them, as
may be provided for by their rules and regulations, shall, and
they are hereby constituted a body politic and corporate, by the
name and style of the Tallahassee Jockey Clb ; and by the
same name may sue and be sued, plead and be impleaded, Mlay sue and
make contracts, recciid.di~uations, .purchase and hold real es- be sued, hold
tate and personal property, and dispose of the same in any property, &c.
manner, as to the said corporation shall seem-meet for the ben-
efit of ftaiid club, and may have and use a corporate seal, and
may at pleasure alter the same.
SEc. 2. Be it further enacted, That the said corporation May enae
shall have power and authority to enact bye-laws and rules for bye-laws.
the government of the said club, and alter anid change the same
at will: Provided, such laws and regulations be not inconsis-
tent with' the constitution and laws of the United States, and
the laws f is Territory.
SEc. v Ie it further enacted, That the said corporation May lay out
shill have powni and authority to lay out a race tract, and en- race course.
close the same, and erect gates, and collect, and receive su-h
fees, as by the bye-laws of said corporation may be from time Erectgates
to time established, and to elect and appoint such officers and receive tolls.
servants, as may be necessary forthe government and good or-
derder of the said corporation: Provided, nothing herein con-
tained shall be so construed as to authorize the said corporation Proviso.
to obstruct any public highway, or to erect gates across the
same for the purpose of collecting tolls.
SEc. 4. Be it further enacted, That the said corporation Maysuppress
shall have authority and power to enact bye-laws, for the sup- gamblingintho
session of all kinds of gaming within the outside enclosure of enclosure.
of the race course or courses they may own or control.
SEc. 5. Be it further enacted, That this act shall be in force
from and after the passage thereof.
SEc. 6. Be it further enacted, That the Quincy Jockey Club, This act to ex-
in the county of Gadsden, be, and the same is incorporated, Ctend to Q.ui
with the power to establish a race course or race courses, withinocey
said couLty; and with all the powers, privileges, immunities,
restrictions and liabilities provided in this act for the Tallahas-
see Jockey Club.

PASSED, Feb. 8th, 1834.-APPRoVED, Feb. 11th, 1834.








Chap. 772-No. q; An act to incorporate the Presbyterian congre-
gation at Quincy.

SEc. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory ,of Floril., That James Gibson, Daniel
Trusteesincor- Love, Thomas Graham, Joseph Sylvester, `flt under M'Mil-
porated tbr 30 lian, William Forbts, Charles Mi'g in, and-i~Wir successors in
years. office, be and remain for the term of thirty years, trom the pas-
sage of this act, a body corporate by. the #lme and style of
The Trustees of the Presbyterian Chuich at- Qunincy," and
that the said Tiustees be, and remain invetlWd with all property
May hold pro- real, personal and mixed, which now is or hereafter may become
perty. vestedin, or dtto the said congregatio, to have and to hold
the same for the Lse and benefit of the said Presbyterian Church
And the said Trustees an their s'fccessors shall be liable to
be sued and capable of suing in their corporate name, and of
May sue amusing all necessary legal measures for recovering and transfer-
and be sued. rnn any property, which said congregation may be entitled to:
with power to make all lawful rules and regulations concerning
the premises.
Election for7 SEC. 2. Be it further enacted, That an election for seven
trustees. Trustees for said Church, shall Le held on the first Saturday in
Who may vote January next, and annually thereafter on the said first Saturday
in January, and all white male members of said Church shall
be competent to vote at such elections.
Property not SEC. 3. Be it further enacted, That if the proppery of the
to exceed $20, said church shall at any time succeeding the value of twenty
000. thousand dollars, the excess shall in such case accrue to the
Territory of Florida.

PASSED, Feb. 10th, 1834.-APPRovED, Feb llth, 1834.







Chap. 773-No. S4. An act to authorize the Trustees of Quincy-
Academy, to raise a certain amount of money by Lottery.

WHEREAS, There has been commenced and partly finished, a
house in the town of Quincy, appropriated to the two fold pur-
pose of an Academy and Masonic Hall: And whereas also,
P e the completion of the same has been prevented by an unex-
pected loss in the collection of the amount previously sub-
scribed for the building of the same: Now therefore, to the
end, that the said edifice may be completed in a manner suited
to the FpIIpcses aforesd.









SEC. I. Be it enacted by the Governor and Legislative Cous,
cil of the Territory of Florida, That it shall and may be lawful Tustee
for the Trustees (for the time being) of Quincy Academy, to raise oi20
establish a Lottery, within twelve months, from and after the
passage of this act, for the purpose of raising the sum of twelve
hundred dollars, under such schemes and regulations, as they,
or a majority of them, may deem necessary and proper, to carry
into effect the aboveirecited object.

PASSED, Jan. 28th 1834.-ArPROVED, Feb. 3d 1S34.







Chap. 774-No. 35. Aa act to incorporate the College of Penaacoia.

SEc. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That John A. Cameron, Ash- Incorporation,
bcl Steel, Duncan L. Clinch, William H. Chace, Byrd C. Wil.
lis, John Campbell, Henry Hyer, Robert Joiner, Alexander J.
Dallas, James M. McIntosh, Hanso. Kelly, Isaac Hulse, Ben-
jamin D. Wrrght. Walker Ander.on, James Bright, George W.
Barkley, Walter Gregory, John H. Parker and Thomas M.
Blount, and their successors in office be, and they are hereby
declared and constituted a body corporate and politic, by the
name and-style of the Trustees of the College of Pensacola;
and as such shall be capable and liable, both in law and equity, May sue arnd
to sue and be sued, to plead and be impleaded, and shall have be sued, &c.
power ajd authority to make all bye-laws and regulations as
may be necessary for the organization and government of said
College: Provided such bye-laws and regulations be not repug.
nant to the laws of this Territory, and to the laws and constitu-
tion of the United States.
SEc. 2. Be it further enacted, That the trustees and their Powers, du,
successors in office, hereby incorporated under the name of ties, &c. oj
the Trustees of the College of Pensacola; shall and may have, Trustees.
and use, a common corporate seal, and the same to alter, des-
troy or resume at their pleasure; they shall also have power and
authority to appoint such professors and teachers, and other of-
ficers as they may deem expedient for the government of said
College, and the same to remove from office, when they deem
it expedient; and also to confer and bestow annually, or other-
wise, such diplomas or testimonials of scholarship in the scien-
ces, as the students in said College and others may merit.
SEC. 3. Be it further enacted, That the trustees shall be, & are
(}









May hold pre- hereby made able and capable of accepting, holding and being
perry. invested with all luannei of properly, real and personal, all do-
nations. gifts, grants, privileges and immunities whatever, which
mriy belong. to said College, at any time, or whib may be con-
veyed to said-trustees or their successors i olAfie, to have and
Property free to hold the same, free and clear from all and.every kind of taxa-
from taxation. tion, whether county, parish, corporation r tterritorial, for the
proper use, benefit, and bh~oof of said Col e.
SEC. 4. Be it lurther-enacted, That there shall be, at least
one annual meeting of the said trustees for the purpose of trans-
Trustees to acting the business of said College, at the City efPensacola, or
hold meeting college buildings ; of which meeting, a majority bf the trustees
annually. shall be a quorum for the transaction of all busieles of the cor-
poration; but it it should be any time, happen, that such annual
meeting should not be held, the said corporation shall not for
that cause be deemed to be dissolved; but it shall and may be
Failure, not to lawfTil, on any other day, to hold such meeting, in such manner
dissolvecorpo- as shall have been designated by the bye-laws andT-rdinances
ration, of said corporation, and in case of any vacancy or viicncies
occurring in the board of trustees, by death, resignation, or
otherwise, it shall and may be ]awful; and he trustees sum-
moned or a majority of them, are hereby authorized to 11 ail
such vacancies in such manner, as shall be pointed out by the
bye.laws and regulations of the trustees aforesaid,,

PASSED, Feb. 8th 1834.-APPROVED, Feb. 14th 1834r







Chap. 775--No. 36. An act amendatoiK to the act incorporating~eth
Trustees of the Pensacola Academy, approved February l2th, 1831.
Trustees of, to SEc. 1. Belt enacted by the Governor and Legislative Conn-
fill all vacan- cil of the Territory or Florida, That the persons elected at the
"ces. next annual election of Trustees' f the Pensacola Academy,
to be held on the first Monday ot March next, or at such time
therenfier, as the present Trustees may direct, shall be the per-
manent board, and shall have power to fill all vacancies thef
may occur, eith.;r by death, resignation or otherwise.

PassED, Feb. 14th 1834.-ArraoVED, Feb. 15th 1834.









$hap. 776-No. 37. An act to establish a Board of Wardens for the
Port of Pensacola.

SEC. 1.- Be it'nacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That there shall -be constitued oveor t
a board of wardens for the Port of Pensacola, consisting of five d ens
persons to be appointed by the Governor, with the advice and
consent of the Legislative Council from among the citizens of
Pensacola, for the term of two years.
SEC. 2. Be it further enacted, That said wardens before en.
tering upon the duties of their officer shall severally take an oShall take
oath before the mayor of the said city, or any duly commission-
ed justice of the peace, in and for the, county of Escambia, to
discharge their duties, diligently, without favour or partiality, as
port wardens, to the best of their knowledge and ability.
SEC. 3. Be it further enacted, That the said board, after Shallelecton&
having duly.taken the oath prescribed in the foregoing section, to bePresd'nt.
shall elect one of their body, to preside at their meetings as
master warden, and that the master and two other wardens,
shall at all times constitute a board forthe transaction of busi-
ness, and the sai'board shall have power to fill all vacancies May fill va.
which may occur by death, resignation, or otherwise in their body cancies.
during the term of which, thiy are appointed as aforesaid.
SEc. 4. Be it furtlhr enacted, That the said board of ward.
ens shall have the power to appoint, and remove pilots for the rov pilots,
harbour of Pensacola, to fix the rate of pilotage, and regulate fix pilotage.
the same, and to establish all such ordinances in relation to the
pilotage, as they shall deem advisable : theyshal; have a com-
mon seal, and the same to alter, break, or renew at pleasure, O
and shall have and exercise all such. powers and duties as are Otherpoers
usually perfti m.d by the wardens of other ports in the United
States.
SEc. 5. Be it further enacted, That the said port wardens,
shall be entitled :o domandmd receive the follow g.fees, viz; Fees of &c.
-F* the tirst visit to extdhle and survey the hatches of a ves-
sel,three dollars, for ABe first visit to survey, three dollars, every
other-visit to examiffe vessel or goods, two dllaps, attending
and directing sales at auctvo tr f five dollars, attending a
survey out of the city, in ada ln tobhe regular feps, and a con-
vevance furnish,'d.'three ddllhrs per da- ; every certificate two Provisq .
dollars, every branch for pilot, twenty dollars: Provided, the
said wardens shall in no case be allowed to charge fees, unless
specially called on.

PASSED, Feb. I2ths183i--ArraovED,Veb. 15th 1834.









Chap. 777-No. 88. An act to incorporate the Town of Jackson9lle,
,-imts of, de- Sec. 1. Be it enacted by the Governorand Legislative Coun.
d' cil of title Territory of Florda, That all the free white mal. in-
habitants of the age of twenty.one years and over, comprehend-
ed within a line commencing at a point on the South bank of the
river St. John's opposite to Hogan's crek on the North side,
running North half a mile up said creek, thence West one mile
and a hiltfto McCoy's creek, thence South to a point on the
South side of the river St. John's oppositato MN'Coy's creek,
incorporated. thence East to the point of beginning; and their successors be,
Sand are hereby declared to be a body politic and corporate by
the name and style of the Town of Jacksonville, with all the
rights, liberties, privileges, powers and authorities, incident to,
and appertaining to a corporation, body politic or a natural per-
son; and by the said name and style may sue and be sued,
plead and be impleaded, hold, possess, and enjoy .ieal estate
and personal property; and dispose of, and transfer the same,
and so dispose of and manage the funds ol said city, as shall be
most beneficial to the interests thereof.
Government SEc. 2. Be it further enacted, That the government of said
Mayo four town shall-ie vested in a person to be called a Mayor, and bfur
aldermen. Aldermen, to compose a council tor the management of the af-
fairs of said town : The Mayor and Aldpinen shall be elected
annually on the first Monday of April, from among such of the
qualified voters of said lown hereby incorporated, as shall hijve
To be elected resided within the limits the'eot, at least one month and shall be
annually. house keepers therein. But should said election for Mayor
a'd AXdermen not take place on the day abovementioned, the
Qualifr~a 'n. corporation shall not tor t.at cause be deemed to be dissolved;
but may be held on any day appointed for that purpose there-
after.
Sac. 3. Be it further engeted, That thl said council shall
May pass or. have power and authority to pass taaws and ordinances, that
dinances. may be necessary and expedient for the good government of
said town, and the preservation of the public morals: Provi-
ded, that they're not inconsistent with the constitution and laws
May improve of the United States, and tl& powj hereby granted: And pro-
atreets, &c. vided, no law or ordinance in this respect. shall be inconsistent
with any law of this Territory: They shall especially have
power to regulate, improve, alter and extend the streets, lanes,
avenues, ard public squares, and to open new streets, and to
cause encroachments, obstructions, decayed buildings, and old
ruins to be ren.oved; making the parties injured by any im-
provement, a just compensation, and charging upon those beoe-
fited a reasonable assessment, to be ascertained in such manner,
as shall be agreed upon by the parties, or by a jury of twelve
Abate nuisan. men, to be organized in such manner, as, by ordinance, the said
ce3, council may provide; They shall have power to prevent and









abafe nuisances, to order and compel the owner or occupants oi
lots, upon which pools of water are, or are likely to accumulate,
to till thtm up, to regulate and compel persons by ordinance or
otherwise, to erect and keep in repair partition fences; and may
pass all laws and ordinances that may be necessary to preserve
the public health : They shall have authority to guard against-
the introduction of infectious or malignant diseases; and for
this purpo-e, may prohibit or -egulate the ingress or approach
of vessels into the water within the bar of St. John's river, and
whenever necessary, may compel them under tixed and certain
penalties to pi rtorm quarantine, and observe such other rules
and regulations, as the said council may deem proper, by ordi-
nance to establish: They may construct wharves, keys and ayconstruct
docks, and regulate whartaue, dockage and mooring, and an- wviarves, ant
choring vessels, erect bridges and ferries, a d establish the rates docks.
of ferriage and toll: They may erect all necessary public ouild-
inss, and dispose of the came as the interests of the town may
require ; and make and sink wells, erect pumps, dig drains, and
do and perform all such other acts, a. shall seem necessary,
and be best adapted to the imiprovementt and general interestoof
the town, and pas., all necessary laws to guard against fires and
to ensure the sweepingn of chimney : 'IAey m ky establish and
regulate markets, and require all persons bringinfypsh provi- Regulate as-
sions into town, ro exhibit tllhem for sale at proper market hours; size of bread,
establish and regukre the proper weight an assize of bread;
the inspection of provisions or other prodiuce-being the growth
or manufacture of the Territory th:t may be brought nto said
town ior sale, or which may be sent from it; the gauing of li-
quors, the measuring or weighing of any articles of produce or
merchandise, and the storing of gunpowder, and all naval 'nd
military stores, not the property of the United States: They
shall have power to tax auctioneerat and license and tax retailers Tax auction.
of eoods and liquors, hawkers, pedlars, tavern and public'house- e rs, retailers,
keepers, hackney carriages, carts and days; restrain lotteries.
tipling hou-es, gumiog.h Ases, houses ot ill-fame, and theatrical Punish brea-
or other public extllbitions; suppress riots and diorderlassem- chess odf the
blies, and may provide for the punishment of all persons guilty peace.
of breaches of the peace within the limits of, said town, by fiie
and imprisonment: PrfLded, 'te fine shall in no case exceed
five dollars and the imnprid6nment five days.
SEc. 4 Be it further enacted, That the said town council Levytaxesfof
shall further have power and authority to provide by tax or other- the poor.
wise, a fund for the support of the poor, the infirm, the diseased
and insane; to establish public schools and provide fat their
maintenance, and to organize pAtfols1Iand provide tfo the pun-
ishment of negroes and persons of color.
SEc. 5. Be it further enacted, That the said council shall And other ne-
have power to assess, levy, and enforce the collection of taxes, cessary taxes,
aad other impositions as may be necessary for the support of the









government of said town and the improvements thereof: Pro-
vided, that no higher rate of tax shall be levied upon real estate,
than one half of one per cent. on the assessed value thereof, to
be determined by assessors chosen in such manner, as said
council may provide; and the said taxes to be collected by dis-
Mow collected tress and sale, after default shall be made in the payment there-
of, in the most convenient and least expensive way, as to the
said Mayor and Aldermen shall be deemed expedient: And
the said council shall have power further to provide for the trial
of all Wfences that may arise under the ordinances of said
town, and shall enfore the collection of all tines and penalties
that may arise as aforesaid, in such manner as said council, by
ordinance, may provide.
DutyotMayor SEC. 6. Be it further qnarted, Ihat it shall be the duty of the
Mayor to see that the ordinances of' the town are faithfully exe-
cuted, recommend for appointment all necessary town officers ,
and report and cau-e their removal, whenever, by negligence or
misconduct, the interests of the town may require it, he shall
preside at all meetings of the board, and propose such mea-sues
as Ie shall'thick important to the public interest; but shall only
be'entitled to a casting vote; and he shall have power to convene
May act rs J. tTe board when it mgf be deemed necessary ; he shall have,
P. possess, eLecise :,nd ernoy all the powers, duties and privileges,
and receive fre same compensation as a Justice of the Peace.
SEc. 7. Be it ffther enacted, That the Mayor and two Al-
dermen shall forrnT quorum oir the transaction of all business;
Suorum. they maRcompl~We attendance of their absent members, under
such pair W nd penalties as by rules may be prescribed; judge
of the qua iicaoiun of members, and of the sufficiency, correct-
ness or "egularity of election returns, settle th, ir own rules of
proceeding, and upon the recommendation of the Mayor, appoint
May appoint and jenove all officers, and "ix their compensation, and estab-
ficers. lish such ees as may or outht to be allowed for such services
as may be required of them. Their meetings shall be public,
and they shall cause a journal of their proceedings to he kept
and regularly authenticated, by the signatu.es of the Mayor
Proceedingl'm-and Clerk, which shall be kept open for the inspection of all who
berecordd. .iijaye interested in the proceedings of said council. The yeas
and nays upon any question shall be entered upon their journals,
upon a call of any two members they shall make public all their
ordinances and resolutions before they shall have ;orce and ef-
fia'y, by posting written copies thereof in two or more public
places in said town.
Sec 8. Be it further enacted, That the elections shall be
conducted by three inspectors, to he-appointed at least two
Elections how weeks before the day of election, by the Mayor, and the said
conducted. 31ayor shall also appoint the place of holding said election, and
give public notice thereof, tor the like period of time.
DEC, 9. Be it funrer enacted, That tie said inspectors sha!l









be judges of the qualifications of voters, and it shall be the duty
of them, or any two of them, en the day appointed by law for
holding the election, te open the polls for the reception of votes, o voters.
and to cause the names of voters to be recorded in a book to be
kept bfr that purpose, which shall be deposited at the close of
the election, amongst the archives of the corporation. The
polls shall be opened at nine o'clock in the morning, and close
at five o'clock in the afternoon; after which the inspectors shall
proceed to'count the votes, and declare the persons elected, as
Mayor and Aldermen, and make out a written certificate there-
cf at the foot of the poll !-t. and deliver a.copy to the Mayor
elect, who, upon the recep it thereof, shall signify his acceptance
or refusal.
SEC. 10. Be it further enacted, That if the said Mayor elect
shall signify.his acceptance of said office, the former Mayor shall Mayor eict to
as soon as practicable, at any time within five days, assemble accept, &c.
the hoard, and in their presence administer to him the following
oath: I, A. B. solemnly swear, or affirm, that I .ill to the ut-
most of my power -up:ort, advance and defend the interests, Take oath,
peace and good order of the town of Jacksonvill, and faithfully
discharge the duties of Mayor of said town during my continu-
ance in office, and I do further swear that Iwillsupport the con-
stitution of the U. .; & the Mayor elect, upon being thus qual- and adiri is-
ified, shall then administer the like oath to the Aldbrmen elect, ter same to a;-
and thereupon, tho?4ties of the former board shall cease. dermcn.
SEC. 11. Be it further enacted. That if the:Mayor elect, or If mayor or
any of the Aldermen shall decline to accept the office to which alermen die-
he or they may have been elected, or if accepting any.or either nli'n, vacacy
of them, shall not qualify by taking the prescribed oath, within
five days, that then the Mayor in office, or he person exercising
the duties thereot, shall by proclamation direct an election to be
held for supplying such seats in the board as may be vacant,
giving at least two weeks notice thereof, designating at the name
time, the persons appointed to superintend and conduct said
election.
SEC. 12. Be it further enacted, That if the office of Mayor, Othervacan-
or any Alderman shall at any time become vacant by death, re. cies,how filled
signation, removal or otherwise, it shall be the duty of the Mayor
or the person exercising the duties of Mayor, agreeably to this
act, in likemanner as is provided in the preceding section, to
order a new election to fill such vacancy or vacancies.
SEC. 13. Be it further enacted, That Isaiah D. Hart, John Inspectors oc
L. Doggett, and William S. Mills, be, and they or any two of first election
them, are hereby appointed inspectors to superintend the elec-
tion for Mayor and Council-men,-on the first Monday in April
1834: Provided, that nothing hereby enacted shall be constru-
ed to exclude the Legislature ef this Territory from the right to Proviso.
repeal, alter or modify this act, as it may deem proper.

PAssED, Feb. 9th, 1834,--APPROVED, Feb. 11th, 1864.








Ahap. 778-No. 39. An act ,to rvide for the establishment aAl
maintemnnce ofa Free School in the City of St. Augustine-

WHERE AS, It is ot public interest that a Free Schools should
o' estahlihedi in the< City o. St. tu.rustine, where, till the
tran:ni'i oi'" florida to the United State public schools.were
Preamble. nuntainei t Ihe (xpens ;itf the Jrown: and whereas, the
said city is aunialf ex -lu:ively, ifom its own funds, to establish
.aid maintain sueh school : 'Tereaore, to aid in effecting
this desiraule object:
SE-c 1. Be it enacted by the Governor and Legislative Coun.
Mayor and al' il of ite Tlrritory of. Florida. [hat it shall and may be law.
dern-en way
raiso ;y lotto- ful lor the Miyor anr Alderman ot said City, to raise by Lot-
ry 810,000. terv, upon such scheme or scheinme as they may deem most ap.
proplate, any sum of monayq, not exceediig ten thousand dol-
lars, to be applied exclusively to tl'e establishment and main-
tenance of such free school, arid the said Mayor and Alderman
May appoint are hereby empowered, if they shall see fit, to appoint agents
agents. or managers to sell tickets, and conduct the drawing of said
Lottery; to require and take security from such agents or
managers for'the fahfiil discharge of their respective trusts,
and duties; to allow them reasonable compensation for their
:rv ices not exceeding six per cent upon the nett amount which
beMay e'y sha'l pay into tri treasury, of said City: And the said
regulation. Mayor and *lderman are, also, hereby empowered, from time
to time, to enact and ordain such by-lawsmnd regulations, as
may be necessary,-the more effectually to carry into execution
the powers of this act, intended and conferred. and also, all
such by-laws and regulations as may be needful for the estab-
lishment, maintenance and government of said free school:
Provided, that the same shall not be contrary to, or inconsistent
with, the laws of this Territory.

PASSED, Feb. 12th 1834.-ArPRaovD, Feb. 15th 18347







Chap. 779-No. 40. An act to incorporate the St. Augustine Athenmui.

SEC. 1. Be it enacted by the Governorand Legislative Coun-
cil of the Territory of Florida, That Robert Raymond Reed,
William H. Simmons, John Williams, Peter Porchel, Andrew
.t. Augustine Anderson, Joseph L. Smith and others, who have subscribed to
co.porated. a literary society in the City of St. Augustine, of Florida, be







65

incorporated under the name, style, and title, of "The St. Au-
gustine Athenmum."
SEc. 2. Be it further enacted, That the said corporation Make by
have and possess, and is hereby declared to have and possess, laws,
full power to make a common seal, and use the same; to own
and enjoy property, both real and personal, to make by-laws,
form a constitution, admit members, appoint officers, hold elec-
tions, and to do and perform all other acts and things necessary
to be done and performed by a corporation.
SEC. 3. Be it further enacted, That the.said corporation shall May sue and
have power and capacity to sue and be sued, plead and" be im- be sued.
pleaded, answer and be answered, unto, in the several courts of
law and equity, in this Territory, and the said corporation may
break and renew its common seal aforesaid, at pleasure.
SEc. 4. Be it further enacted, That the said corporation Shall keep rrt
shall keep a true and perfect record of its proceedings, which at cord.
all times shall be open to the inspection of the Legislative Coun-
cil or those acting under the authority of the said Council.
SEC. 5. Be it further enacted, That this act shall continue
of force for the space of twenty years from the day of the ap-
proval of the said act.

PASSED, Feb. 8th 1834.-APPROVED, Feb. 12th 1834.







Chap. 780--No. 41. An act to amend an act, entitled "an act to in,
corporate the Protestant Episcopal congregation in the City of St.
Augustine.
SEc. 1. Be it enacted by the Governor and Legislative Coun- Wardens and
cil of the Territory of Florida, That the church wardens and vestry men
vestry men of thdEpiscopal Church in St. Augustine, called may filvaop
Trinity Church, shall have, and they are hereby invested with ceMO.
full power to fill all vacancies which may occur by death, resig-
nation, removal or otherwise, in their own body, until the next.
annual election after the occurrence of any such vacancy.

PAssED, Feb. 10th, 1834.-ArpROVED, Feb. 11th, 183*.









Chap. 781-No. 42. An act in addition to the act of 1833, incorpCt
rating the City of St. Augustine.

SEC. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the first day
Mayor not to of May 1834, the Mayor of the city of St. Augustine, shall have
have Jurisdic- no juisdiction in civil cases, ard that onor before the first day
tionincivilca- of June, next thereafter, he shall transfer,'to some justice of the
ses. peatee, within said city, all-, the filesand records in hiswposses-
sionand control, belonging to civil cases which shall be then,
or may have been pendjng in his court, and the said justice to
whom thy .shall be thus transferred, shall in all respects have
Must transfer and exercise in regardto and over them, the same power andju.
papers to J. P. riidictionas if said cases had originally been instituted before
himr and if they are'in judgment, may issue execution on the
same; any time within two years from the date of the judgment,
though for a sum beyond the present jurisdiction of said Mayori
or of a justice of the peace:'Provided, the Mayor have lawful
jurisdiction at the rendition of such judgment.
Mayor and al- SEc. 2. Be it further enacted, That the council composed
dermen may of the Mayor and Aldermen of said city, shall have power to
remove ob- regulate, improve, graduate and keep free from all obstructions
structions djc. and encroachments, the monument square of said city, in front
of the government house, and shall have power to abate and
remove all buildings that have been or shall be erected on said
square; and especially to abate and remove all buildings and
other obstructions in front of said square, down to low water
mark upon the shore ol the harbour ot said city, from and be-
tween the termination of the sea wall, south to the lot upon
which is situated the dwelling house belonging to the heirs 6f
Joseph Woodruff, deceased, late of said city- Provided always,
that if in the exercise of the powers in this section conferred,
any building shall be removed, or any property taken and occu-
If any build- pied, not belonging to said city, the owner thereof shall be paid
ing be remov- the just value of the same, before the removal of said building,
ed, or proper- or the occupation of such property; and if the parties cannot
tytaken, own- agree, as to the value, in all such cases it shall be assessed by a
Sto be paid jury of five freeholders ol said city, to be sef.imoned by and be-
fore the Mayor thereof; and the said owner, it a resident of the
city, shall have three days previous notice, and if a non resi-
dent, notice shall be given by three successive advertisements
in a public newspaper, in said city, of the meeting of said jury,
that he may appear before them and be heard as to the value of
his said building or property; and the assessment of the jury
shall be returned to the Mayor, shall be recorded in his office,
and be for ever final as to the value of said building or prop.
erty.
SEC. 3. Be it further enacted, That the said council shall
ave power to constitute, appoint, and continue a board of waru









dens for the port of said city, and to enact and ordain all need- Council may
tul by-laws and regulations for the government of the same;- happen Port
And the said council shall also have power to appoint and li-
cense a sufficient number of auctioneers for said city, and to Auctioneers.
pass all needful laws and ordinances for their government; and
the saideouncil shall have.and possess the exclusive poeer to And regulate
license and tax billiard tabl, within said city, and to control billiard tables.
and regulate the same.

E.SSED, Feb. 11th, 1834.-ArrRovED, Feb. 15th, 1834.







Ohap. 782-No. 43. An act to amend an act, incorporating the Town
of Marianna.

SEC. 1. Be it enacted by the Governor and Legislative Coun- Act of '28 tr-
cil of the Territory of Florida, That an act to incorporate the vived.
town ol Marianna, passed October the twenty-eighth, eighteen
hundred and twenty-eight, be and the same is hereby revived,
saving the sections hereinafter altered
SEC. 2. Be it further enacted, That the election for intend- Electionforof-
ant and councilmen provided for in the fifteenth section in said ficers, when.
act, shall take place on the first Monday of March next, and
each succeeding election shall be held on the first Monday of
January annually. under the rules and restrictions as provided
for.
SEC. 3. Be it further enacted, That John S. Hardy, Wil- Inspectors of
liam Bryan and Duke W. Horn, be, and they are hereby ap- first election.
pointed inspectorsAto superintend the election for intendant
and councilmen, for said town on the first Monday in March
next, and in the event of said election, not being held on the
day aforesaid, then it shall be competent for said inspectors on
giving ten days notice, to order an election as aforesaid, under
the restrictions prescribed in this act of incorporation.
SEc. 4. Be it further enacted, That the corporate limits of Extent of cor-
the town of Marianna, shall extend one half of a mile, on every poratedlimits.
side from the court-house in the public square of said town.
SEC. 5. Be it further enacted, That all laws inconsistent with Repealing
the provisions of this act,' b, and the same are hereby repealed. clause.


PEAsED, Feb. 1lth, 1834.-ArrnovED, Feb. 15th, 1834,








Chap. 783-No. 44. An act to incorporate the Town of Chatta-
hoochee in Gadsden County-

SEc. 1. Be it enacted by. the.Goverror and lsgislaiive Coun-
cil-of the Territory ^of Florideal. h t. ee.wifte male inhabi-
imitsdefined tants of the age of lventyipne years and over,*'eomprehended
i within the-following limit, that i~to say- including 1lt No. 1,
on the river, section 32. and the north west and north east quar-
ters of section 33; the whole being in fractional township 4,
range 6 north and west, shall be and they are hereby constitu-
May sue and ted a bodycorporate. by the name and style of the town of
be sued, &c. Chattahoochee, and by their corporate name may sue and be
sued. plead and be impleaded, and do all other acts, as natural
persons; and may purchase and hold, real, personal and mixed
property, tr dispose of the same for the benefit of said town.
Governed by SEc. 2. Be it further enacted, That the government of said
Iniendant ai d town shall be vested in an intendant and three commissioners,
three commit, each of whom shall have the quulitication of having resided
three months within the limits aforesaid, in order to fill either of
said offices. ,
SEC. 3. Be it further enacted, That the intendant and com-
missioners sh-11 be elected Iby ballot, on the third Saturday in
Elected by February, in each and every year; and that they shall, in all
ballot. cases, continue to exercise their respective functions, until their
successors sh.ll be elected and qualified to serve.
Intend'rtt Pre- SEC. 4. Be it further enacted, That the said intendant shall
sident of the be president of the board of commissioners, and in case of his
board. death, resignation, or removal, the board shall elect an intendant
to fill such vacancy, until the next annual election, and also, in
case of the death, resignation, removal, or absence, for two
Vacanciesh'w months, of either of the commissioners, the intendant shall fill
filled. such vaca..cy by appointment, until the next annual election.
SEC. -. Be it further enacted, That the said intendant and
commissioners shall have full power and authority, to prevent
and' remove nuisances; to license and regulate retailers of
Powers. du. goods and liquors, and taverns : to restrain and prohibit all sorts
ties of board. of naming : to license and regulate public amusements : to es-
tabllish and regulate markets, and 'to regulate burial grounds:
to sink wells and take care of the same: to erect and repair
pumps in the streets to erect and repair market-houses and
puhitc scales : to estalbsh and regulate patrols : to restrain and
prhili:t tipling-houses: to provide for the establishment of
scthl', a.nd superintending the same; to restrain and punish
vagabonds. drunkards, and disorderly persons : to keep in re-
pair all Ieessary streets : to lay and impose taxes, and to pro-
viIe fur th)l collection of the same: to impose and appropriate
file-; .,nd ilenalties, and forfertures for breach of the ordinances
anId ev Ia s : and to provide for the gel eral interior police, and
good government of said town : Provided, that no act shall be







69

passed contrary to the laws of the United -Statest nor of this Proviso.
Territory:'and that no ordinance or by-law, until ten days after
its promulgatgig, shall take effect.
SE-c 6. Brlt further "eactqd, That all ordinances and by.
laws shall b'eaisinbd'b~i ndant, snd a sted by the clerk, Laws to be
and shall b p~lflished at least ten days, at tre door of the court- teindab in
house in d'Si' town. *, W
SEC. 7. Be'if.furthereiiayted, That tire said jntendant and Board may
commissioners shall have power to compel the attendance of its compel mem-
members, and to judge of the election returns and qualifications bears to attend.
of the intendant and its members : and the yeas and nays on
any question. shall at the request of any two members, be placed
on the record.
SEc. 8. Be it further enacted, That the intendant and com- Election of ofr
missioners shall be voted for and declared as follows, that is to ficers.
say : the person having the greatest number of votes, and who
was voted for as intendant. shall be declared duly elected : and
the persons having the greatest number of votes, and were voted
for as commissioners, shall be declared accordingly.
SEc. 9. Be it thrth,-r dicted, Fhat it .hall be the duty ofIntendant see
the said intendant to see that the ordinance- and by-laws ate the laws exe-
faithlully executed, and to call a meeting of the commissioners, cuted.
whenever, in his opinion it may be necessary : that said intend-
ant shall, within five days after his election, take an oath or af- oa a t
firmatiu before a j;stiee of the peace of this l'erritory, to the
following effect, that i; to say: ihat he will to the utmost of
his power, -upport, advance,'and defend the interest, peace and
good ordr of tho town of C~hattahoo,-hee, and faithfully dis-
charge the duties of int ndant of" said town, during his continu- And swear ia
ence in office, and that he will support tie constitution of the com'issiocers.
United States," and shall within the aobresaid term of tve days,
convene the commissioners elect, and administer to each one of
them, an oath or uffirmatioo similar to that taken by himself.
SEC. 10. Be it further enacted, That the said intendant and'Boardmayap.
commissioner shall have power t( appoint a treasurer and clerk, oint Clerk,
Trea-urer, 4-
and such other officers as they may deem necessary: and to Police oicer.
appoint a police officer, whose duty it shall be to suppress all
riots, affrays, and other breaches of the peace: and for this pur-
pose he is hereby invested with all the authority, rights, and
privileges of the constables of the several magistrates' districts,
in this Territory: Provided, however, that the said police officer Police officer
shall give bond and security in such sum, as tne intendant shall to give bond.
think fit, for the taithtul performance of the duties of his office, Pees.
and shall receive no other or greater fees for his services than
are provided in similar canes by law.
SEc. 11. Be it further enacted, That all free white male citi. Qualification
zens of thle ge of twenty-one years, residjpg within the limits of voters
of the said town, and who have paid apoll tax of one dollar, to
the corporation, shall be entitled to vote for intendant and the
commissioners of said town.









SEC. 12. Bejt further enacted, That the' first election for
Seleatio. intendnnt and commissioners for said town, shall be: held under
ithe inspection and superintendance of Joseph.V-. King..Robert
H. Stewart, andrJesse F. Potts,,and"that all subsequent elec-
tions for town officers, be held unaer;'th direction of the intend-
ant -and commissioners or either of them.

PASSED, Jan..20th 1834.-APPROVED, Jan. 24th 1834.








Chap. 784.-No. 45. An act to amend an act to incorporate the
Town of St. Marks.

SEC. 1. Be it enacted by the Governor and Legislative Coun-
cGil of the Territory of Florida, That the government of the
of own n how Town of St. Mtrks, shall, from and after the next annual elec-
vested. tion, be vested in an Intendant and four Councilmen, a majority
of whom shall constitute a board competent to the transaction
ofhusipess, whose duties shall be the same as heretofore pro-
vided by law.
SEC. 2. Be it further enacted, That all acts or parts of acts
aRepealiag conflicting with the true intent and meaning of this act be, and
the same are hereby repealed.

PASSED, Jan. 31st 1834.-APPROVED, Feb. 3d 1834.








Chap. 785-No. 46. An act to regulate the Pilotage of "he Port of
St. Marks.

SEC. 1. Be it enacted by the Governor and Legislative Coun.
PortWardens cil of the Territorv of Florida, That the board of Port War-
"lts.~pi pi- dens. for the port of St. Mlark-. shall appoint and license such
number of competent persons as may be deemed necessary, to
act as Pilots for thes~idport during good behaviour; which said
pilots, so appointed, shall entt:r into bond with security, to be
approved by the said board, in the sum of two hundred and tifty








ieilats, payable to the Governor and his successors, conditioned Pilo s shail
for the faithful performance of their duties ; and shall also, be- give 6b"-J.
iore entering upon their office, take and subscribe an oath, well And tah a oatl
and faithfully to discharge the same.
SEC. 2. Be.it further enacted. That the following rates of Ratesof pilot,
pilotage, shall be allowed to each pilot, conducting a vessel into age.
the port of St. Marks, ffthe- same for carrying a vessel out
to sea, (to wit--For mercharit vessels drawing less than eight
feet water, two dollars and a half per foot. For all vessels of
the same description, drawing eight feet,ror over, three dollars
per foot. For all U. States vessels, three dollars per foot. For
every night detained on board of any vessel outside the bar, two
dollars.
SEc. 3. Be it further enacted, That when any vessel, bound Vessel not
into the aforesaid port, shall be hailed or spoken by any pilot of taking pilot,
the same, outside of the Eastern Bank or Beacon, and said ves- shall pay pi.
sel not having already a pilot of the said river on board, shall lotage.
refuse to take and receive said pilot, so hailing and speaking
them. and in that case, said pilot shall be entitled to demand and
have the same fee and rate of pilotage, as if he had been taken
on board, and had piloted and conducted the said vessel into
port: And when any vessel shall be hailed or spoken within
the Eiatern Bank by a pilot, and refuses to take the same on
board, said vessel shall paf to the said pilot, one half of the
aforesaid rates of pilotage;
Sac. 4. Be it further enacted, Thatwwhenever any vessel, Vessel out-
outward bound, shall refuse-to receive and take on b6ard a duly ward bound
authorized pilot of said port, such vessel shall be liable to pay shall take pi.
to such pilot one half of the pilotage which is hereby authorisedt.
SEc. 5. Be it further enacted, hat all fees ard rates of pi- Fees how rei
lotage which may become due, ate hereby made recoverable coverable,
before any.court of record, or any'Justice of the Peace, or any In-
tendant or aaor of any incorporate town in this Territory.
SEc. 6.. "B it further enacted, That it shall be the duty of the
said pilots to go out to every vessel, bound to the said port, as Duty of pilots
soon as practicable after they appear in the offing;, to keep up
a suitable Beacon on the West Bankat the enttranc'bf the har-
bour, a stake on the East .Bdk op.site, and stakes along tie
channel of said river, up -to the termination ofthe oyster bars.
SEC. 7, Be it further enaef~l, That to encourage, as much Pilot bringing
as may be, pilots to attend the bars, every licensed pilot bring- have prefer.
ing a vessel safe from sea, shall have the preference in piloting ence in taking
said vessel down the river, and out to sea again, provided they herout.
give their attendance, and are duly qualified; and any master or
owner.in said port, employing any other pilot to carry his vessel
to sea, than the pilot who brought'bim in, unless good and suf-
ficient cause for the same beshown, shall be liable to forfeit and Ps s
pay the sum of fifty dollars, one half to be paid to th"pilot so tedots haen a
entitled to prefereoas aforesaid, and th other half to the port led on.









Wardens for the improvement of said port, to be recovered. on
motion, before any nating Justice of te Peace, or before the
Intendant of the town of.St. Marks; and any such pilot neg-
lecting trefusipg to attend said vessel when ready for sea,
wiqd, weather, and tide permitting, and thereunio required by
the master or qoner of the same, sl~ll, except good and suffi-
tient cause be shown, forfeit the-amnoia paid for piloting, said
vessel in ; ne balf o be paijito the said Master or owner, the
other half to the portwaidens tothe pse aforesaid,'which for-
feitu e shall bbrecovable i'nike m er as above.
SEC. 8. Beit further enacted, That the captains of such ves-
sels as have' no owner or consignee, or othet-responsible et-
pns of son-resident in the said port of St. Mark., shall, if the same be
vessels having required by the pilot when outward bound. give.security for the
no owner or payment of the pilotage when the said vessel shall have been
consignee, 4c. safely conducted to sea.
SEC. 9. Be it further enacted, That in case any ship or ves-
Pilots liable
for dmag sel, or the cargo or freight thereof, shall receive any damage or
ship or cargo. miscarriage, or be lost through the neglect, insufficiency or de-
fault ol any of the pilots of the said port, after the said pilot
takes charge of the same, the said pilot shall beliable.for all
and every, the damages and losses, bhich may be.ustaned.
a S. 10. Be it further enacted, That if an.'1pilot sIll be
Plmoved by found not sufficiently skilled;-or shaibrt'romt inapable of act-
Wardens, ing, or shall be negligent in the discharge of his duties, the said
board of wardens shall *onul.his license, and h~ shall there-
upon become incapablenbf acting aspilot of said port, or of re.
ceiving any money or other reward therefore: Andif such per-
S son having his license revoked, or any other person not having a
inPen lt license, shall under any pretence whatever, undertake to act as
license. Pilots, he or they so offending, shall be liabi6 to a fine nrt ex-
ceeding fifty dollars, at the discretion of the port waidens, re-
coverable before any Justice sf the Peace, and 'td4.eppropria-
ted to the improvementof the navigation ot the sarupcrt.

PASSED, Beb. 4th 1834.-APPRoVED, Feb. 10th 1834.







Chap. 786-No. 47. An act to establish and regulate the, rates of
Pilotage for the. St. John's and Nassau Rivers.

.-tes of pilot- SEe. 1. Be it enacted by the Governor and Legislative Coun.
ge. cil of the Territory of' Florida, That the following fees anm








;saes of pilotage be allowed to each and every pilot, piloting and
conducting any vessel over the bar of the rivers St. Tohns or
Nassau, to wit: for every foot of water which said vessel may
draw, two dollars; for every day which said pilot may be detain>
ed on board any vessel, two dollars.
SEC. 2. Be it further enacted, That when any vessel bound Vessel shall
to the port of the rivers St. Johns or Nassau, shall be hailed take pilot, it
or spoken by any pilot of the river St. Johan aforesaid, outside spokeorpay
of the outer buoy or bar, or inside of the bar of Nassau inlet,
and said vessel not having a pilot, shall refuse to take and re-
ceive said pilot so hailing and speaking, said pilot shall be enti-
tled to demand and receive from the owner, master or consignee
of said vessel, the same fee and rate of pilotage, as if said pilot
had been taken and received on board said vessel, and had con-
ducted and piloted the same into any-port or harbour in either
of the rivers aforesaid.
SFc. 3. Be it further enacted, Than when any vessel out- Ifvessel rl&
ward bound, and -about to sail from the rivers St. Johns or Nas- fuse to take-
sau, and the master or owner of the same shall refuse to rgeive pilot wh'n out-
and take ortibard a duly authorised pilot of said rivers, such ward b.d,
a .t d 1 t r n .. shall pay half
vessel, master, owner or conoignee thereof, shall be liable, and pilotage.
is hereby made liable, to paythe pilot first tendering his servi-
ces as such; one half of th otage wiich is hereby authorised
to be charged and demanded.
SEC. 4. Be it further enacted, That all fees and rates oppi.
lotage, which may become due, are hereby made recoveraBle, ee how
before any court of record, or justice of the peace in this Terri-
tory.
SEc. 5. Be it further enacted, That the county courts ofDui C'ty Courts of
val and Nassau cogities respectively, shall appoint and license Duval &.as-,
such persons as rnmy be deemed most-fit, and proper, to act as sa', shall ap-
pilots for th~ e orange of vessel inward or outward from said Poit Pilots.
ports, or eitfiertf them, which person or persons so licensed,
shall hold their branches during good behaviour. A the said
county courts may require such bodaan d secum fjth~ faith-
ful performance of the duties a.ibf hin t em, as the May require
said courts may deemr'popei:"rF ich bofid sha ide pay, bond and
able to the Governor of tHis Tert ory, l '. Qngand curty.
his successors in office: And moreoveratrgtake cirbe
in oath oroaffirmation, well and truly tolxeutei and discharge
ill the duties required of him or them as filotsi Provided that',
to branch or license shall issug.to any master vessel, or other Proviso.
personn who has not beenreiigagea at least e year on the bar
is a boat hand in the service of a reggarly licensed pilot, previ-
Ius to the day of his making his applicatiqnfor.said Ifiense.
SEC. 6. 'Be it further enacted, That all laws htretbfo' pass- gCertain lawz
id regulating the rates.ofpiletage for the St. J6hns and Nas- repealed.









sau rivers be, and the same are hereby repealed, and that thii
act shall go into operation from and after its passage.

kASSILD, Feb. 5th 1834.-APPROVED, Feb. 11th 1834.








dhap. 787-No. 48. An act constituting a Board of Wardens for
the Port of Key West.

SEC. 1.] Be it enacted by the Governor and Legislative
Governor Couicil of the Territory of Florida, That from and after the
mnay appoint a passage of this act, the Governor of said Territory be, and he
board ofWar- is heby authorised, by and with the advice and consent of said
s. council, during its annual sessions, to appoint five discreet, fit
and proper persons to act as port wardens at and for the port of
Key West. %_-
SEc. 2. Be it further enacted, hiat for the purpose of avoid-
Board mayfill ing difficulties which might arise from vacancies, occurring ia
vacancies, sai board, from death, resignation or otherwise, any three mem-
bers of the board shall be and they are hereby authorised at all
times to fill such vacancies by the appointment of such other
proper person or persons as may be necessary and advisablc,
which appointment so made, shall be of full force till two months
after the end of the succeeding session of the Legislatiye Coun-
cil.
SEC. 3. Be it further enacted, That the saiXiw ard shall
ay appoint its sessions appoint one of its .own members tDe the mastc:
President warden of said port, whose duty it shall be to see that the by
laws and 'ger ions of the said board, not conflicting with the
Whois ex offi- laws of e Tritory o tthe United States, are duly carried
io J. P. into effect, for that purpoda is dhreby made exofficio, a
justice e.
SEC. 4' it further cnanted, That appeals on questions of
law or of fact miy ib had at any time by a party agrieved to the
App'l allow- SuOerior Court f the county ol Monroe, wherein the question of
cc. fact and amount of damage sustained shall be inquired into by a
jury iipa m'nled for the occasion and the judgment of said court
shall be rinal, and the costs abide said judgement; but in the
event o .said judgment heing give in favour of the party appel-
lant. exrcution shl;l immediately issue in his favor against the
personal e-ste of the appellees, and if judgment be for the said
bo'r d. an attaclixnt may be sued out against the property rt.
presented or owned by the appellant; Provided, that in no cans









,iail this section be construed so as to take away irom either
+)artv the right of an appeal to a higher court.
SEc. 5. Be it further enacted, That said wardens before en- Ward's shai
during on the duties of their offices, shall severally make oath in take oath.
writing, before the clerk of the Superior Court aforesaid, to be
-iled in his office, to discharge diligently and impartially, without
f"ar, favour or affection, their duties as port wardens of said port
.o the best of their skill and ability.
SEC. 6. Be it further enacted, That the said board shall have .May r'gult
power and authority to regulate the anchorage and mooring of vessels.
vessels, and to do all other acts and things generally done and
performed by the port wardens of other commercial cities.
SEC. 7. Be it further enacted, That not less than three of Quorum.
hlie said port wardens shall be competent for the transaction of
business at any session of the board.
SEC. 8. Be it further enacted, That all laws and parts of laws
conflicting with the provisions of this act, be and the same are Repealing
hereby repealed, and that the powers herein granted, if hereto- clause.
fore delegated to any other persons or bodies corporate, be, and
"he same are hereby revoked.
SEC. 9. Be it further enacted, That in cases of survey of a
vessel in distress or which has been cast away, the members of Fc.
said board may receive such compensation as may be allowed
to them severally by the said Sup rior Court, that in no other
case shall they be entitled to charge more than two dollars each
per day, for the tune they may be employed, in the discharge of
.heir functions.

PASSED, Feb. 15th 1834.-APPROVED, Feb. 15th 1834,








Ghap. 788-No. 49.;'n act- t p'videorthe appointment of Pilots.
and to regulate the rates of Pilcage atthe Port of Key, West, and
for other purposes.

SEc. 1. Be it enacted by the Governor and Legislative Coun- 7 Governor to
ciLof the Territory of Florida, That from and after the passage appointpilots.
of this act, the Governor of said Territory be, and he is heresy
authorised by and with the ad ice and consent of said Couincil
during its annual sessions, to appoint such number of pilots for
the port of and harbour of Key West, and the adjaurmt coast,
in a northeastly direction from said city,,and the extrethe north-
ern limits of the county of Monroe, as iumay deem necessary,









expedient and advisable: Provided, the number so appointed
in any one year, shall not exceed twelve.
PlSEC. 2. Be it further enacted, That such pilots so appointed,
Pive bond. before entering on the discharge of their duties, as such, shall
each become bound in an obligation, with one or more good and
sufficient securities, to be approved of by the board of wardens,
or a majority of them, for theyort and harbour aforesaid, in the
sureof one thousand dollars, conditioned for the faithful, dili-
gept, and able performance of their duties; which bond, when
executed shall immediately be placed on tile in the office of the
Clerk o! the Superior Court of said count 1at the proper cost
of such piloj
;iay be remo- SEC. 3. Be it further enacted, That in any event of the un-
ved by peti- faithfulness, insobriety, cr criminal negligence of any pilot, he
tion. shall upon the petition of aty twenty respectable citizens of said
city, o0 a majority of the said board of wardens so appointed,
to the Governor to that effect, be removed from office, and may
besides be proceeded against by indictment, as in ordinary cases
And liable to of misdemeanor, and on conviction, fined in a sum not exceed-
suit, &c, ing one thousand dollars, to be assessed by a jury; and shall
moreover be liable to a suit on behalf of any party aggrieved,
on the bond so as herein before provided, to be executed by
him.
Penalty for SEc. 4. Be it further enacted, That if any person except such
actingwithout as may have been appointed as aforesaid, and have complied
license. with ail the conditions, specified in the second section ot this
act, shall charge any compensation for services he may pertfrm
as pilot, he shall be deemed guilty of a hig misdemeanor, and
on conviction thereof, shall be fined in a sum not exceeding tre-
ble the amount of compensation recieved by him, to be assessed
by a jury : Proviaed. that this act shall not be held to extend
to the master or mariner of any licensed wrecking vessel on
the lorida reel--on board of any such wrecking vessel, or on
board of any vessel which has been cast away, unless such ves-
sel so cast away has been spoken by a regular pilot, at least six
miles from the light house on the island of Key West.
SEc. 5. Be it further enacted, That all suits and prosecu-
abuimenced. tions provided for, by this act saall be had in the Superior courtt
of the county aforesaid, or before the judge threof in chambers.
SEC. 6. Be-it further enacted, fThat the following fees and
rates i' pilotage be allowed to each and every pilot-First, tor
piloting and conducting a ship or vessel, in or out, over any part
Vessels,; fsp o the Florida Reel-- Secondly, from any part oz said heef to
ken shlIi tae tne p o.t ot Key West, or to the Indian Key; or thirdly, through
e. '' "any ot the channels leading into the port and harbour of Key
Vvest aforesaid, to wit:-For every fot of water which such
ship or vessel may draw, the sum ot two dollars, and for every
day for which such pnot may be detained or employed on board
such e hip or venael, te tiurther sum of two dollars.








SEc. 7. Be it further enacted, That every vessel bound either
to Indian Key or si~aey West, except a licensed wrecking ves.
sel, and refu-iig to receive a pilot on board, shali, if spoken by
said pilot six mnil,.s re.pectiveiy from Indian Key, aforesaid,
or from the said light house on the island of Key We*; be
nevertheless, and it is here* made subject to pay full rates of
pilotage, as though such pilot had been taken on board ; but if
no. spoken more than three miles respectively from th~tbove.
mentioned places. then and in case of such refusal as afTresaid,
she shalbe liable to pay half pilotage, and no more.
SEC. 8. Bejt further enacted, That no fees shall be demand- No fees, ifsp.-
able for piloting an !Londucting any vessel, if 'tho same be : po- ken less than
ken at a less dista'e than three miles frgn the light house theligt ouse
aforesaid, or from Indian Key: Provided, that this section shall
ioat be held to extend to any vessel going or coming through the
Northwvst'passage of the harbour :f Key West, when spoken
at the distance of two miles and a half from said light house.
SEc. 9. And be it further enacted, That in the event of any .~Mter liable
f or lecs if spcat
master o .a vessel refusing to pay any pilot for his servicesthe ien.
amount of fees herein beflra provided, such pilot may at his dis-
cretion sue oU t from the office of the Clerk of said Co(ut, an
attachment, returnable immediately to the said -ourt. or to the
judge thereof in chambers, against the vessel piloted or spoke,
whtohb.ourt or the said judge in chambers, shall summarily, and Attachment
without jury, proceed to examine into the.yts and law of the fees.
case, and .decide according to its merits, but if the said vessel
so assisted os shall not be within the jurisdiction of the
Court, thVe court, or judge in chambers, shall and may on
the reta et attachneut, proceed in like manner, e parte,
and decide acqrdingly.

PASiaED, Feb. 15th, 1834.-APPROVED, Feb. 15th, 1834.







4hap.7'9-No. 50. An act in addition to the act incorporating the
La Fayette Salt Company, at Key W est.

SEc. 1. Be it enacted by the Governor and Legislative Coun- Comp'ny may
cil of the Territory of Florida, That the La Fayette Salt Corn- increase caps
pany at Key-West, be and they are hereby authorized to increase tla.
the capitol stock of said company, to an amount not exceeding
two hundred thousand dollars.


PassED, Feb. 12th, 1834.--ArPovEz, Feb. 15th, 1884.








Uhap 790-No. 51 An act to incorpostte the -Marine Railway Cor;-
pany of the city ofJKey West.

SEc. 1. Se it enacted by the Governor and Legislative Coun.
Scil-pfg Territory of Florida, Thatfrom and after thepassage
tyle of om ~ithits act, all those persons who have already associated them-
pany. M seacsr may hereafter join a copipany, or limited partnership
under ta&ame a'title of "The Matine Railw4.- Company
ofthcl'of rKef West," and theiluucceasors snall be, and
they are ii incoipoirced and made ailb; y corporate and
politic by the namen and style of "The Marine i ay Com-
pany of the Cil of Key West,t. and auch_~lI coansnue
until the first day;of January, one thousa l red aid
sixty; andby thatelme may sue and be su e d and je
Continue till impleaded, answer and be answered, defend a ffdp ,
1860. courts of record, and any other place whatsoever; ai, fhat
name n ayhave and hold, purchase, receive, possessAgfajoy,-
and retain, lands, rents; tenements, hereditaments, goods chat-
"tels, and effets of what nature, kind 0i quality soever, necessa-
Powers. ry fgorthe objects of this incorporation; and the sanie'may sill,
grant, demise, alien and dispose of; and by that nal shall have
during the continuance of this act, succession, and may make,
have and use a common seal, and the same, may break 'all
and renew at pleasure, and shall have power to ordain, estIlg
and put in execution such by-laws, ordinances and regalTiions,
as shall seem necessary and convenient for the government df
said corporation, not contrary to law, ror t l iotn there-
of; and generally to do and execute all ary4~
proper for the objects of said corporation, subj~rule,
regulations, restrictions, limitations and provision n, di
reacted and declared. !
SEc. 2. Be itfurther enacted, That the-ppital'stock of th!
Capital stock, said company shall consit Of not exceeding fifteen thousa
dollar9,purrent money pfbthe~ United States, to9l tided into
shares joqliiuBdred4)lolldars ib. *" Sac. 3. Be it further' ~actad,:.That.the affairs of the said
company shall- be conducted'nby Oliver O. Hara,. James Webb,
Directors na Fielding A..'Brown, William A. Whitehei~n and Pardin C.
Green, who shall choose from their boy yaPresiden -tfo of
the Directors with the President,-shalffor 'a bodiidior iarum
for transacting all the business of the company. e icS'^of
the sickness of the President, or his necessary ab'setie; iWd
place may be supplied by any Director whom, he, by waiting
under his hand, may nominate fd{ that purpose, or iu case "of
his not making such nomination, the board may appoint a Pre-
Shall choose side to act during his sickness or absence. The President
President, and Directors who may be in office at tue time of the passage
of this act, or shall subsequently be appointed by the stock-
holders shall continue in office under and by virtue of this act








ot incorporation, until oilers shall be duly chosen in iteir siea: : Lt c (i.c.
:iid no person shall be a Director or President,' who is not a P i.
lockholder ; and a Director ceasing to be a 4piikoldar shall Iesocklilder
cease to be a Director. ,very stockholder shall be n4e to
vote by himself, his agent; o1 proxy, appointed under his lI"d tockholdr.s
and seal, at all elections, in'oiue.of this act) and- shajlMkq e n)y vote by
us many votA as he shall have shares. ._ .
SEc. 4. Ie it irther enacted. That a aier.Of of general mecit
the stockholde-sWthe said compa n )tall be hotd on thl, first i., yeariiy.
Monday tobcr'next, and fQtshe fir-t Monday of October
in qjery y Feattl, at sucl ace as the,P~isident and Di-
rectors 'y by yivinr two months rngice in a newspa.
per publlii lesten, for the purposligt election Direc-
Sof-oy nug year, who shall meet- speedily after their
clit i c e a President; and the President and Direc-
tors i e time being, shall contin'ie in office, intilfthcrs shall
be du elected in their pliaes, and A organized bythe assemb-
ling of a quorum, and the choice of a President. At all hlec, ~Elecoas for
ions4l ns having the greatest numbet'rof v i6tA't 'ors'
leeimed.4l chosen. All election shall be heTd und:lfe
uuprinten .'ce of the President o the company for tlh.jitf~.
:)i,'rnd five stockholders, not being at the time directors, ap-..
;p d by the board of Directors ; and fiur ofM -rom shall' be In case of tie.
judegeof, and who shall immediatelvhereafter notify thl,.
person-iS le rdpdaiake a return therelow the Directors at*
the" st ll would two j- more persons have the same
mnute other i.yividuals elected DirectorA pltl
d from among said persons, who shall be .he
directors All elections shall be opend i. tea
o'clo tforenoao, and close at three in the altrn~pon.
SW.i .'e it furthpeace, That the .iEsidc.nt and Direc- Comp'ny may
lts halhar~ lo, ry e, alter atd annul al such make by laws
rules, orn -law' of the
saiddol o,.ud o shey
shalg trom time to'w -e tnd
dispsq. of.the fu hsa
i a ACnd 6lieolderg b 6 the
ob tL. t-.I CC ..
St ejasts fnatthe book 'correspond- B.)oks, &c.
ee e the company, shlor artF times bi subject to open to thoe
th e ecton ot he Diectors and stochliolders, and of any stockhold'rs
coijittee appointed by the'Legislative Council. Leg Council.
SEc. 7. Be it further dnac That the President-and Direc-
Comp'ny may
tors shall have power to-appoint all ofVis oidervantsrequisite appoint ori-
for executing the business oft:4he said company, a'nd toestablish ccrs, and fil
the compensation to bemade to the President and6to tt other lheir pay"
office or serv~iits of the said.cgqmpany respec ly ; but no
compensation shltf be gy to a Director for his services, except
by a vote of the stockholder-in a general meeting.








Sec. 8. Be it further enacted, That :h resident and Direc-
tors shall have power to call a general meetingg of the stock-
directsnt amo holders forthe purposes concerning the interests of the company
call mieti.p giving tl least two months notice in a newspaper, published at
t4-city of Charleston aforesaid.
-- c. 9. .Be it further enacted. That the shares of the capital
stoc.dti any timeagned by any individual stockholder; shall be
tSfc, wta ofili he books of the company, according to
Stock, he.ow suc4 G as tnay, confgmably to law, be -'fiablishWd in that
Sbehali+f b/the President a1aitDirectors. .But a eiLs -actually
due to the co any by a s'tckholder, requeVg ...'tranlsfer,
must'le satisfie'IJefore such transfer shall md
SEC. 10. Be ifC Cther enacted, That thjliends .f-te
Dividends de- profits of the coa any, or so much of said p a~rfl ala be
T half deemed expedient and proper, shall be declare .ai ry n
the second week in April, and October in each year he a.
mount of said dividend to be from time to time determined by
the President and Directors, and in no case to exceed the amount
of the nett profits actually acquired by the company so that -the
capital stok-of said company shall never be imp- by. divi-
dends.
SEc. 11. Be it further enacted, That if the said Directors
shall at any time wilfully and knowingly make or declare 'i-a
Penalty for ..-de-ha.-
iecnaringdi dividends, which shall impair the said capital stock, allji~h'bi.
icnd, impair- rectors present-at t lHNaking or declaring of-said dividehl, and
ing the capital consenting thereto, shall be liable in their in dal, capacities,
eo-. to the company for the. anouiftro poprpr d capital
stock, so divided by the said Directors: A-rec'ir^
who shall be present at the makit g or declaring 'dii-i
dend, shall be deemed to have consented thereto, onles'hgb shall
immediately enter in writing his dissent on the minutefsof the
proceedings of thc"board.
SEc. 12. Be it further'~acted, That if any vgciscy shall a,
any ti h amonglhejreitors by death, reignation, or
otlhrwv e ri ctor 'fr the time- being, shall
elect a Dirt t o fill th acT -
SEc. Jia.'~sl rather en ated,' a(ii cease it should any
i-ccctiondo time hippeni that an election of Utredt trh6oifld not bermade on
ilottake placc, any day, when'pursUant to this ac.tit obght tb hiave pen' made,
at time ap- the said corporation shall not for that cause be dee'tiedf to be
pointed, cor- dissolved ; but it shall be lawful on any other day to iholM and
poraLion not make an election of Directors ; at a meeting to be called in
such manner as shall be prescribed by the laws and ordinances
of said-corporation.

PAssr.,n Feb. 14th 1834.-ArPpovLD, Feb. 14th 1834.






81
Chap. 791-No. 52. An act to incorporate the Florida Peninsula and
Jacksonvile Rail Road Coinnyov.

SEC. 1. Be it enacted by the Governor and Legisljtive Ooun. s-
cil of the Territory of Florid That a company be and he pat, %n
same is hereby incorporated by'tbe name and style of the "Flo-
rida Peninsula and Jacksonville Rail Road Company," an4iH
that name all who-shall become subscribers forg k and me
bers of the said comnpanygther heirs, successet and4"9
shall he capable in hirto purchase, receiver retain, adeqy A. Ors of,
to them and th ceessors or assigns, ftnds and 'tenements, 'oorated.
goods chattesa effects of what kind so ever tTe samenmay
be, andthe sa ie to t, soil, mortgage and dispose of. and"o
sue and be sud, ad and be impleaded, ta.nake a common
seal and atp l re o break or alter the sameA ordain, estab- Powers and
lish and pj Wexecution such hblaws and regulations as may pivilegesof
be.dceme' necessary and expedient for the government of said
corporation, not beino contrary to the cdlstitutionor laws of the
United States, or of this Territory. .
SEc. 2. Be further enacted, That the capital stoq k.i d* -apital, one
company ahetl amount to more thll one million dl'ollarsrilWidn.,
to be .dvide iishares of one hundrfd'dollars each, books of
subscription for which, shall be opened within twelve months
affetl passage of this act, at St. .ugustine, unde'rie super-
intendence4f.Gabriel W. Perpall, Antonio Ajvarez, Andrew Booksopened
Andeison, John Drdale, and William H. imoins, at Jack-
sonvill, und hM4 tintendencf of Joseph B. Lancaster,
Isaiah D, at Bethune, Wmn. G. Ifrills and Ste.
phen'. tcello, under the superintendence of Darius
Williamsn 'B. Mays, Joseph McCants, A. Bellam jrad AtSt. Augu,-
Wmn Blac urn, anid at T4llahassee under the superintendence itne,
of iomegl~tjs, Charles Austin,-R. J. Hacklaj, Wm. Wilson
and~furbut R. Betton, any two or more of whom as commis-
sioners, shall 4t1Coompetent to eyeive the.subscriptiot (rytpck
in the said complny,~t.either 4 -or Jacksonville,
which purpose shall be lptlopj
tion of w~ich time they sh t ,an ifit sh& ait at
more 1he uhe sum n dollars has4a6t4 r 1,
,such excess A e d apat e 'shbscriptions those w Mhon
have-aulidfi rthl rger t number.of shares in proportion
to the aioitr espectively bybhem subscf j in suci-man.
ner thaTf l'sbscription of one hundred shares or under, shall
be liabie o deduction while such excess may be deducted from
subscriptions exceeding that numiWt, and if thtre is stitfan ex- Tallahasseph
cess, the same to be deducted from all subscriptioqj proporeldn-
ably, but if it shall appear that a legs amqynt"than one milplii of
dollars has been subscribed,it shla l be competent for the ~ d
commissioners, or thU president and directors of thegid corn. Kept open ..
agny to direct books to.bPope!ld from time to time' the be- days,
K








Jn case of ex- fore mentioned places, giving twerty.. days notice thereof, in
ces., to be- d^ some newspaper prileed in thecity of Tallahassee, and in the
slardU t sb- citypfSt. Augustine, for the purpose of making up the whole
scriptions. caita stock of the said' company, or so much thereof as may
b tahecessary to accomplish the-b jects of said confpany in the
Opnstrattion and completion of the said rail road. Ten days
,Mfert.he whoIegdunt of stock shall have been taken, or so
Rooks m. gilS ere'eTa may be necessyy for.the E&nmencement of
opened laert w rhrd fivt dollarsupbn each thc subscribed for, shall
wards. espaidcto4he stid 'timlrrissioneis receiving.subscriptions for
stock to the said company and the residue a discretion of
Instalment Mipresidet and tirectorso f .he sat@'op any: Provi|ed, that
when pai. there shell nt ba more than ten per cent requled at any one
Proviso. instalnt'nt, ofAich there shall be given XlRMAt 4t6y days no-
tice,'publishedli some of theneewspapers -bf ~~'city ol 'hlla-
hassee ahd the qiV of St. Augustine.
Sac. 3. EB it furthnrracted, That if any stockholder shall
'fail to pay the-iffstalments as requirit, agreeably to the provi-
On failure to ,. -
pay, stock stoi Pof the forergoing section, for the space of twenty days af-
falted. socrkf l day fixed for th payment of such inmIrnnt the share
or shares" of suchstoclb older, upon which su i p~i ment shall
fail'to be paid, shall be forfeited to the president al directors,
to be disposed of for the use and benefit of t1p said cnipany,
and any purchaser of such stock shall become subjei"to the
same rules and fgulations as the o.ginal holders.
SEC. 4. Be it further enacted, That fo' the management of
the concerns of.the said cdmpanvthe' .ffdi "issione-s shall
Commission. be, and continue as directors of he said Q*ntil sixty
a-s to act as days after the subscriptions shall have been t *'Provided
directors. '*e sum of four hundred and fifty thousand' dollarSj'shallhave
been subscribed, on the first opening of the hooks of subscrip-
tion, and so on until the said sum oiffour hundre"'andfifty thou-
sand.dollars shall have seen subscribed; antr* keep ali;e the
Mlay fill-va. said boatd-ofcomtiissiorts a8bjthree .of the said.medlbers of
cancies. -salid' eiter of thi said place where books are to be
opened,~liay supply vac i me,.bcisinned by death, removal or
reiusAt-act.of any of'the'si5 assioners at either of the
aTeresai, places: A nd whed the diTurn of feouItded and
Electionor fifty thousar.d dollars shall have ibeaesubscripe for. the said
directors held commissioner' -orany three of them, shall givo thirty days no-
at Jacks'nville tice in some newspaper in the cities of Tallahassee-and St. Au-
gustine, that an election will be held at Jacksonvill for the pur-
pose ofelectingtwelve directors, who shall be chosen froth the
stockholders having at least ten shares each, of the stock nf said
When held company, by the votes of the said company, every stothbolder
feing entitled to one vote for each share which he may hold in
his own name, or which he may represent as proxy: A majority
of votefs'hall be necessary to constitute a choice, and the per-
sons so elected, shall hold their offices for one year, or untf!








new directors shall be elected; and on the first Monday in Jan-
uary ii each and every year, there shall be 4i.electionof twelve
dir',ctor:s of, and for the government and direction ofthe4aid filled.
col'nDinv, who shall from their own body choose a president, di-
rectly atter the first election, and annually thereafter, and shall
have power to fill all vacancies that may occur in their body be-
tween the periods of their annual elections; PEvided that if
fron any cause whatever, there should at any tii be be ie
tion of directors, as heinb'efore provide4the corportt4n shall
not for that cause be dissolved, but the djreetors and oth'r offi-
cers then in offibe,ihall continue in office, with power Io filMl-
vacanciearthat may occfd in their body, until an election of new
directors'can and doe5lke place.
SEc. 5. Belit farther enacted, That the saidainpacy shall
have the right and privilege to contract ::;d compute a rail road Comp'ny may
with one or ntdre tracts or sets of rails ir cy lfor the trans- 'O-"swuci Rail
portation of passengers, produce, goodlSbnd all whatsoever, to commence at Jacksonville, on the St. John's
river, to be continued thence to Tallahassee, bj such rouras
may be determrinel.bv the said stockholders, and to be united
with the Taleass6e and St. Alarks ratifoad, upon such terms
as shall be agreed (t by the two companies.
SEc( 6. Be it fifther enacted, hat the said company, by its
president nd directors shall have power to ourchqe.with. fie
funds of the coinpany, .and'it ,place on said rail rbad all ma- Mh buya
chines, wagons, vehicles crs, carriages and teams, of any des- r.hin
cription whatwoev*erb the* may "Ceem proper and necessa- .
ry for the purpolh ansportation, all such al chines, wagoos, Property, pro
vehicleA*cars;c lfFiage! and teams, and all the works coni(ructed bs kc. hv -
under the authority of' this act, and all profits which shall accrue ers ia. pr.por-
from the same,,shall be vested in ;he respective share holders tion to No. of
of the company for ever, in proportion to their shares, and the shares.
same shall beexempt Irom any public charge or tax whatever,r
and they-are hereby,.authorised at those points in thaJ~iaof their ee t
rail roadlwhere it may appear to them inmportant, for t ,a.ecom.- cnp'ny may
plishment and business of the roa4, to establish depots ahi war-- erect depots,
houses, or eny other necessary'an- convenient houses and buiW.-&c.
ings to be used.by theri for all purposes, of the said road or toChae
be disposed of ib them, when it may be necessary, andto charge.
and receive for the storage of produce, merchandise, and other
articles at such warehouse and other buildings, as they may find
it necessary to construct, rates not exceeding the ordinary ware-
house duties.
SEC. 7. Be it further enacted, That in constructing the said rail May take
road, it shall and may be lawful for the said company by its pro- OUsta.- o
per agents or servants, to enter upon and take possession or any &c.
lands, whatsoever, which may be necessary for the completion
of the work contemplated by this act Providedl that no lands
shall be taken from private individuals or corporations, and ap-








propriated to the purposes aforesaid, without adequate compen.
Mu satio% to those owning the same, and that it shall and may be
wners.t pa"ylawful, for said company in like manner, to take from any land
convenient to said rail road at all times, such timber, stone or
other materials, as may be necessary for the construction and
keeping in repair the said rail road : Provided that nothing be-
longggto individuals shall be taken without adequate compen-
satiolt.o be determined in the manner hereinafter provided for.
'SEc. 8. Be it further enacted, That whenever it shall become
necessary for the said company to take possession of and ap-
Price of, how p iate, or use any land, timber, stone or other material, own-
'ietermined. ed by private individuals or corporations;,r the route &r site of
the said rail road asd works, or for constructing and keeping in
repair, the samr, or any part thereof, and the parties do not agree
on the value and sale of the land, timber, stone, or other mate-
rials,.as may he' o taken or appropriated, it shall and may be
lawful for thedpresidenr and directors-of said company, or their
proper agent or agents, on giving twenty days notice, at least,
in writing, to thd party owning the same, or to his, her, or their
agent, that application will be made to the judge of the County
Court of the county in which such lands, stone, timber, or other
materials may lie, or to the judge of the Codnty Court next ad-
o.j*igpFtheieto for a writ of "ad quod danmunt," which shall be
granled,Ianddirected to the sheriffI.the said county, or to the
sheriff of the county next adjoining thereto, to summon five dis-
interested persons, house holders of lawful age, to meet and
value the said land, stone, timbe, or other ipatrials, as the case
may be, on oath, to be administered by any justice of the peace,
whose duty it shall be to attend, in person, said inquest, and re-
ceive their report; and if from any cause, a justice of the peace
Cost of suit does not attend such inquest, then the sheriff shall and may ad-
aid by cor- minister the oath, and receive the report, the amount thus fixed
.Iany. upon by said valuation, the iaid justice of the peace or sheriff,
pay if-there be no justice of the peace present, shall receive from
the said, president and directors or their proper agent, ald the
same over to the person or persons entitled to receive it, & to take
an'acquittal or refusal for the same: and on the tender of the
gum awarded to the party entitled to receive'the same, or to his,
h6r, or their agent or attorney, it shall'be lawful for said compa-
ny, by their president and directors, or their agent, to enter upon
and take possession of and use any such lands, stone, timber,
and other n.aterials; but all the costs and expense incurred by
said writ of" ad quod damnum," and inquest shall be paid by the
president and directors of said company: Provided that the
appraisers shall not be allowed more than one dollar each per
day, whilst engaged is such duties; and the justice of the peace
and sheriff, such fees are usual in similar cases.
SEc. 9. Be it further enacted, That all property so assessed
and paid for by the president and directors of said company Q







85

their agents, aareeablv to the provisions of this act, and all do-
nations made to and for the s!me, shall forever afterwards be-
lona to, and become the property of said company, their succes- bope't, be
sers .,nd assigns, in tee simple, in proportion to the number ol t' company.
shares owned by the stockholders respectively.
SEc. 10. Be it further enacted, That any share holders of
said company may and shall have the right to sell,4ispose of
and transfer his, her, or their interest in the same or any part tktransf
thereof to any other person or persons, or corporation, which able.t
said transfer shall not be hindina unless entered on the books of
the company; Biut the stock of said company and all the pro-
perty belonging thereto, or which may from time to time be ac-
quired by said company, -hall be held jointly and not separately
Provided, that nothing in this act containecTshall be so construed How.
as to prevent the profits and dividends that may be declared upon
said stock, being applied by each stockholder or corporation, to
his, her, or their individual purposes.
SEC. 11. Be it further enacted, That the president and di- Comp'ny miy
rectors of the said company shall have a right to demand and re- receive tolrs.
ceive such prices and sums, for transportation, by their own
means, cais and carriages and other vehicles on said rail roads,
passengers, produce, goods and all other articles whatsoever, as
may be from time to time authorized and fixed by the by-laws of
the said'company: Proil ed that such prices andestihha sbll
not be increased without at least sixty days previous notice
thereof being giveir.-some newspaper printed" in the citylbf
Tallahassee, and the City of, St. Augustine; and the said con-
pany shall continue to receive such prices and sums for the
transportation of passengers, produce, goods and all other arti-
cles whatsoever, as may be prescribed by the by-laws of said
company so long as the said rail road shall be kept in operation,
and in good repair and condition, and the said company shall be
bound affd hel i responsible for any damage said passengers,
goods, produce and other articles of whatsoever kind, may sus- Liable ft
tain in transporting tlasame on said rail road, if it shall appear damage.
that the same was caused by reason of any negligence, careless-
ness oaebad condition of the said rail road, within the power of
the said company or the agents and servants thereof to prevent
and control, and all produce, goods and articles of whatsoever
kind transported on said rail road, shall be liable for the toll (or
such transportation with which they may be chargable and may
be detained until the same be paid and discharged, and if the
same he not paid, und such goods, produce and articles ofwhat- Property lia,
soever kind shall remain in the possession and custody of said bie for tells .
company for the space of twenty days, they shall and may be may be sold.
sold at public auction, and after the expense ot transportation,
storage and auction costs and commissions shall be paid, the re-
mainder shall be paid to such person, persons or corporations or
jieir agents, who shall be entitled to receive the, same: Provi-









ded, that when the-said tolls, have repaid to the stockholders,
the full amountof the cost of the rail road, together with all the
f20 tolps ce expenses'thereof;then it shalkbMthe duty of said company to
excess to be arrange their tolls that not more than twenlper centum per
paid- into annum, shall be received upon the whole amount of said stock,
Treasury. and the expenses thereon, and that if the rates of toll so estab-
hsh'd shaI exceed twenty per cent. as aforesaid, theli the sur-
plus to be paid into theTerritriial treasury.
SEC. 12. Be it further enacted, That the"aid rail road con-
Somp'nyhave pany shall at all times have-the exclusive right of transportiug,
exelusiveright or conveying passengers, produce and articles'of'whatsoever
kind n said rail road, to be by them consructed, while they
may see fit to exercise such exclusive fight: Provided, tlt
when the said comenipa may see fit, they may rent or farm out'
all or any part of stch exclusive privilege to any person or per-
sons or corporations, for such term as may be agreed upon, sub-
ject to tle same responsibilities, tor which the company herein-
before ilentiofied, shall still be held boufd lor damages ft in-
diliduals or corporations, which may accrue by reason of any
of the provisions ot this act.
SEC. 13. Be it further etfcted, That if any person shall in-
trude upon said rail road or any part thereof, or upon the rights
Penaltyfor in- and privileges connected therewith, without the permission. or
trading. contrary to e iill of said company, althe vehicles, articles,
animals or locomotive power that male so intrusively intro-
duked and usl thereon, may be seized by the company or its
agents, or damages recovered by suit at laP- and moreover the
person or persons so offending shalR be liable to be indicted, as
for a misdemeanor, and upon conviction in the Superior Court
of the district in which the offence shall have been committed,
shall be finedin a sum, not. more than five hundred dollars nor
less than fifty dollars; and if any person shall artfully and mali-
ciously chuse, aid or assist, consult or advise any othae person
or persons to destroy, or in any way hurt, damage, injure or ob-
For injuring struct said rail road, or any part or portion thoreof, or any edt-
Rail Road. fice, vehickte, right or privilege granted td vested by this act,
and constructed for use under the authority thoreot, suc per-
son or persons so offending shall be liable to be.adicted and on
conviction thereof, shall be imprisoned not more than twelve
ompa months, and not less than one month, and pay a fine not exo
ble for cos, feeding five hundred dollars nor less than fifty dollars, at the
failing to con- discretion of the court before which said conviction shall he had,
vlct. and shall be further liable to pay all expenses of repairing the
same; the one half of the fines which may be imposed by the
said court, and collected under this act, shall go to the informer
and the other half to the use of the Territory of Florida; Provi-
ded, that the said company shall be in all cases liable for costs
in case of failure to convict, or inability to pay, of the person
convicted.









SEC. 14. Be it further enacted, That the president and diiec-
lors ot'said company be requi.%d to make a hull airport to the irc-idLnt a;l
(irc.lctors to
stockholderss of the said company, at their ycary meetings tor maKe report.
the election of diFectors of the corporation, and its directors
shall have power to call a general meeting of the stockholders Call ,ueetinlgs
of the company, whenever the affairs ot the cnapany, in their il
estimation may render it expedient and requisitVtocal such acanci
meeting; the directors shall have power, and it shall be their du-
ty to fill all vacancies that may happen in their body at any time
between their annual meetings.

PASSED, Feb. 13th 1834.-ArrPP moved, Feb. 15th 1834.








chap. 792-No. 53. An act to incorporate the Florida, Alabama, ani
Georgia Rail lRoad Company.

SEC. 1. Be it enactef[y the Governor an~ Legislaive Couin-
cil of the Territory of !'Mrida, That John A. Canton, William
H. Chace, Robert Mitchell, Walter Gregory, Alexa der J. Da- Canmissiod"
las, Alexander H. Bowman, Hanson Kelly, Starler IIHutea, ersottec cmr
Francis Boykin, Samuel W. liver, and John Innerarity or any
five of them, )e and they are hereby appointed commissioners
to do and perform the several acts hereinafter mentioned, that
is to say, they shall at such times and places as they may think
proper, and under the superintendance of such persons gs they bo ay opea6
may appoint in the Territory of Florida or elsewhere, cause
books of subscription to be opened for subscription to the stock
of the corporation creatd by this act; which subscription shall
be in the following forrf We, whose names are hereunto sub-
scribeld.aever promisee to pay The Florida, Alabama, and Form of sub,
Georgia Rail HWd Company,' the sum of one hundred dollars scripLions.
for every share of stock, for which we now subscribe in .s
manner and proportions, and at such place and times as shall
be determined by the Directors of the laid corporation, when
the same shall have been elected and organized. Witness, our
hands, the day of--- 183 -, In presence o Pro-
vided always, every person so subscribing shall pay ti, te per-
son receiving subscriptions fbr said commissioners, the sum- of
twenty-five cents for each share subscribed for, by such person, Subscribers t
.. pay 25 cts. at
out of which shall be defrayed all incidentalexpenses of receiv- o. O su"
ing subscriptions, organizing said corporation and making sudh.scribing.
explorations and surveys as may be necessary, as hereinafler
provided.









SEr. 2. Be it further enacted, That the capital stock of said
-4l tal tock corporation shall be two millionrbof dollars and in case of any
not to exceed excess of subscriptions, the-c)ommissioners shall apportion and
2 millions, equalize the same by a ero rata reduction of all subscriptions
over fifty shares.
SEc. 3. Bp it further enacted, That the commissioner shall
be authorized to appoint some competent person as Secretary
Coisio. nsof their board, who shall have the custody of their books and
n:iv appoint papers, and who shall receive such compensations for his ser-
Secretary. vices as the said commissioners shall deem reasonable.
Sec. 4. Be it further enacted, That on receipt of subscrip-
Qn receiving tions sufficient io defray the expense thereof, the said commis-
subseriptins
suffRiientmay sioners shall forthwith proceed to explor~ind surveyfteite -
cause survey of a rail road from Pensacola to some point on theo~ou. dary
made, &c. line between the State of Alabama and the Territory of Flori-
da, so as thesame shall unite with a rail road to continue from
thence through the State of Mlabama, to such point therein, or
to Columbus, in the State of Georgia, as may be deemed )y
Scc'ry tokcep said commissioners most advisable. The said commissioners
aeaount of ex- to cause their Secretary to keep an account of all expenditures
penses. by their order, and the same to settle with said corporation when
organized.
When I mil- SEC. 6. Be it further enacted, That as soon as subscriptions
lion is subseri- to tOr arAunt of gne million of doll|js have been received, it
bed, directorsjhalbhe ladul for said commissioners, on giving sixty days
tbe elected, public note thereof, in one of the public newspapers of this
territory, and the States of Alabjna and Georgia, to. hold an
election at the city of Pensacolan'Tor twenty Directors for the
management of said corporation; six at least of whom shall
Twerty dircc- be residents of Florida, six of the State of Alabama, and four
tbrs. of the State of Georgia, who shall hold their offices until the
next grnual election, and until their successors are qualified in
their stead.
SEC. 5. Be it further enacted, That the said election shall
Eiections how be held and conducted under the superintendence of such. per-
cbnducted. sons as may be appointed; and such fules and regulations as
may be prescribed by the said commissioners, d in all elections
and in the decision of all questions: each share to be entitled
Subscribers a vote, and a majority of votes shall be necessary to elect
may vote by the person voted for *s Director: And provided, that subscri-
rox. bers may vote by pro:y, under seal, at any election.
SEa. 7. Be it further enacted, That no person shall be a
Director must Director of said corporation, who shall not own at least ten
own l0shares. sharaesf the stock thereof, in his own name and rights, that
within ten days after said election, the Directors elect, shall re-
spectively take an oath or affirmation in writing, faithfully to
ust take discharge the duties ot his office to be administered by any justice
fc. the peace of this territory or of the state where he may re-
side; the same to be filed with the Secretary of said commis-







89

loners, and upon seven or more of said Directors having so
assumed the duties of their office, the said commissioners shall B
forthwith deliver to said Directors,.the books and papers in the delivered "by
c"sr-ody of their Secretary, and sttle, their account of expendi- commissioners
ture; for said corporation, and their functions shall cease, and todircetors.
shall devolve upon and be thereafter exercised by the board of
Directors of said corporation, who shall be authorized to keep
open the subscription books for the stock, until the imole amount
shall be subscribed, if they hall deem necessary.
SEC. 8. Be it Arther enacted, That at such time at the city Directorsmay
of Pensacola, as shall be designated by said commissioners elect Prsid'nt
within twenty days after said election, the said Directors, who and till vacan-
have quaii ed, shall proceed to fill any vacancies in their board, cies.
dtccaiobed.Lby neglect to qualify, or other cause, and thereupoP Board m'y call
forthwith, elect one of the-board thus filled, President of said forpaymentof
corporation, whereupon said corporation shall be deemed and stock.
considered as fully organized, and authorized to demand-the
payment of the original subscriptions tof stock thereto : Pro- Notnorethan
vided, the demand shall not be made for more than twenty Tper 20 percent, in
cent during the first six months, nor more thda twenty per six'months.
cent within any six months thereafter: And provided also,
that the said'Directors shall give sixty days public notice of
such demand'in some public newspaper, printed in this territory'
and the States of Alabama, Georgia, and Loiisiana, and also
give notice thereof to each stockholder by mail, directii to such stockhold.
place as he shall designate'on the books of 1iWsaid co1porafion. entitled to
-and no stockholder shall vote at any election, nae'eceivdanyvoto, or hold'
dividend ipon any share, nor be eligible to anyu oae of said office
corporation, who shall be in a lar Tor any installment of sai&
stock, after demand of payment thereof as aforesaid,. and the
day of payment shall have elapsed.
SEc. 9. Be it further enacted, That the said corporation so Name & style
organized as afbresaid, which shall consist o. the said subscribers,
stockholders, their successors and assigns, shall be known and
designatedby the corporate name and style of the "Florida, Ala-
bama, and Georgia Rail Road Company," and are hereby cod-_
stituted a body politic ahd corporate, and by their name aforte 's -
said, they and their successors, shall be known in law and have
power to sue anbe sued, plead, and be impleaded, defend, and
be defended,-in all courts, either of law or equity; & by thit nage
shall be capable of purchasing or of otherwise receiving ortbe-
coming possessed of and holding, transferring or conveying any
real or persoaltestate,.and shall have p*Ietual succession, and
may also have a common seal, and alteafnd renew thas.tme at
pleasure; and shall have, enjoy, and exercise all rights,
powers, and privileges pertaining to corporate toAi ,aad ne-
cessamy for the purposes of this-act. "- ;-}
SEC. 10. Be it further enacted, That the said c portion shalL
be, and they are hereby invested with the exclusive righg P
-.L .








Iiay coastr'ct vilege and power of locating and constructing a rail, McAJaS .
road to Alaba- ized, or other artificial road, from Pensacola aforesaid, to any
wa or Chatta-
hooEhie river point on the line of the statf~of Alabama or the Chattaboochle
river; and all lateral rail or artificial roads intersecting the prin-
No otherchar- cipal road, and the exclusive right to charge tolf on such roads _
ter to begran- and no charter shall be granted by the Legislature of Florida..
tod conflicting with the rights and privileges hereby granted.
SEC. 1': Be it further enacted, That the directors shall canus
Direeters s~w minutes to bekept of their proceedings, and shall have p:wer
keepmjatnuLes. to fill all vacancies in their own body, to make such by-laws and
ordinances for the management of said corporation as may be
Pass by laws necessary, subject to alterations and revision by tie btockhord.
era in general meeting : Frovide'd, that the same are qotincon-
Provis, sistent with this charter, the laws of the United States and this
Territory, and also, that the directors for the time being, shall
have power to manage the affairs of the corporation hereby cre-
ated, and to appoint a treasurer thereof, and such other officeii
tMay appoint and agents as they may deem advisable, and take such security
Treasurer, &c for *he faithful performance of their duties in such manner ant
Contract h'v form, as they may dern. proper. The contracts in behalf o!
ne.rcs hw said corporation shall be signed by the .president thereof, and
countersigned by the treasurer, or executed by an agent of said
corporation, duly constituted tor that purpose under their corpo.
rate seal, which shall be binding on the corporation.
Src..12 Be&t further enacted, aThat the said directors srall
Directors may have power, in case of non-payment of any subscription of stoek,
mnte of atc" or any iastalment thereof to sue for and recover the same in the
name oaMesaid corporationypr to declare the amount previ.
ously paid forfeited to the said corporation, as under the circumr
stances of each case they may deem advisable.
SEC. 13. Be it further enacted, That the stockholders ofsaid
Election vlen corporation shall aunn .y on the first Monday ir February, in
keld. each and every year, at the city of Pertsacola, hold an election
for twenty directors, to serve until the next annual election, or
until others are elected anr qualified in their stead, who shall
within three- days thereafter, qualify as herein before directed,
and proceed to elect a president from their own body, to serve
the ensuing year, or until a successor shall be elected in his
stead.
SEC. 14. Be it further enacted, That the stock of said corpo
stock trans- ration shall be transferable and assignable, under such rules and
ferrolte. regulations, and s6ect to such restrictions and conditions as
Exempt from the board of direcTorsnmay from tinie to time-establish, and that
levy-and sale. the same shall be4eeuied personal property ; .but it shall not be
wa~l~fo.sale by virture of any attachment or other process, is.
sue''from any court of common law.
tomp'ny y W ec. 15. Be it further enacted, That when the route of said
take poses.- ail road shall have been surveyed and located, the said corpo-
An a iandw ration, tWeir officers, agents, employers and servants, may eter'r








ipon, %ake possession of, use, execute, and level anw land which
may be necessary forsaid road, ai to affect the, objects of said Not00 r et.
corporation; but the land-taken fli said road shall not exceed
two hundred feet in width, andmsaid corporation, their officers,
agents, employers and servants, may take and appropriate to the
construction of said rail roads, or any buildings or works con-
nected therewith, any timber, reck, stone, earth, gtgl or mate- May take
riala contiguous thereto, andhaecessary to constru ac6 to keep toane, imL r.
the same in repair; but all lands or property thus entered upon,
or taken possessionn of as aferesaid, and all properttaken and
appropriated to the construction ur repair of said roads or build-
in works connected 4h&rewith, shall be paid for by said
corporation to the proprietor thereof, at a price to be mutually Shai pay f4
agreed upon between ihema if said proprietor is known; and in tke mse.
case of a disagreement, as to said price, it shall be the duty of
the president of said corporation, after giving ten days notice by
advertisement, in five of the most public places adjacent to said
land, and to the proprietor of said land or property, if known to
be residing in the same county, and iF not said public advertise-
ment shall be deemed sufficient, to apply, at the cost of said
corporation to the judge of the County or Superior Court, where
said land or property may be for a writ of ad rtod damnum, who,' i 4tdin "se
an satisfactoryproof of such notice shall direct the same to the of disagreat
proper sheriff or marshal, or other officer, to summonthree dis- meat.
interested householders of such county, of ltwful age, to meet
and value the said property, on oath, to be administered bJ" the
said sheriff, marshal or other _icersumnioningsheifne, whose *
duty it shall be to attend in person, the said inquest and receive Corpor'tion t4
their report, and ile the same within five days in the clerk's of- pay fee.
fice of such court, and A Ach report shall be final and conclu-
sive; and the sid corporation shall within thirty days after the
same shall be filed in the clerk's office of said court, pay the
amount thereby awarded, and all costs and fees, or execution
shall, by order of said court, at the next term issue thereon with M a et d
al the amount of the costs and fees, the Tees of said appaisers
not to exceed two dollars per day each; and also, that said ceiw
poratiro may build, bridges over all streams on the route of their'
roads, whether navigable or not, and may dam up, and stop
streams not navigable ordinarily by boats drawing three feet wa- Shan pay aS
ter, may erect grarehouses and other buildings necessary for the duages.
construction, use, and enjoyment of sa road: And all dam-
ages done thereby, and all injury o delgment to lands or pro-
perty adjoimng or immediately contiguous to aid roadsshaUl be
ascertained and determined in like manner as aa .
Sac. 18. Be it further enacted, That if said coIpTai If a roea be
Sad it necessary to crass or intersect any establl .d road, et ix
way, it shall provide such proper and istird fi tor ret e
ord a free passage, or transportation of person .Wor W
cross the track of said road, and whenit shall be nees-









sary to pass through any private land, it shall be the iluty of safi.
company to provide like fixtures for crossing the said roads, at
the expense of said company.
SEC. 17.'Be it further enacted, That the stock and property
engines &c. of paid corporation, by this act created, shall be exempted from
free from tax all taxation, either by the Legislature df-Florida, or of any of
the counties;towns, or cities through Which the same may pass.
Workmen,on SEC. 18. Be it-further enacted, 'That the engineers and work.
free from road men of sai4torporation, while engaged on said road, or in the
Other du- biness thereof, shall be xempt form militia, road and juror
duty.
Owners of SEc. 19. Be it further enacted, That the owners of two
2,000 shares thousand shares ,nay at any time call a general meeting of the
insaf stock stockholders, to decide ulbn any question and instruct the direc.
homers. tors therein, and thai iny stockholder may on application, at a
reasonable time at the office o: said company, inspect the books
and records thereof.
SEc. 20. Be it further enacted, That the said corporation
may charge for every passenger not having over one hundred
Rate t t pounds of bagge, not exceeding ten cents permile, and for every
uncred pounds of goods, wares, merchandize, or produce, not
exceeding one cent.per mile.
SEc. 21. Be it further enacted, That said corporation shall
Shall have have a lien, on all goods, nimrchandiz, and commodities, bag-
lien on goods gage or other-freight, for its storage, toll and expenses, and may
&. for tol detain the gme ill payment thereof is made, and if the amount
thereof is not paid, and all storge,erpenses and costs within thirty
days after the arrival at the place of destination, it shall be law.
ful for any justice of the peace, on aglication of the agent or
officer of said corporation, on giving ten days public notice there-
9f, to sell said goods, merchandize and commodities, or baggage,
for said tolls, storage, expenses and costs; and it there should be
any surplus, the same to be paid to the treasurer of said corpo-
ration, and to be by him paid to the owner of said goods, mer-
chandize, commodities, or baggage on reasonable demand.
SEc. 22. Be it further enacted, That it any person o.per-
Penaltyftr in- sons shall wilfully injure, destroy, or impair any part of thi road
during road. or roads of said corporation, or any of the works, buildings,
cars, bridges, boats, machines, wagons, vehicles, or carriages;
such person or persons, his or their aiders and abettors shall be
indicted for a misdemeanor, and on conviction thereof, shall be
punished by fine or imprisonment, or both at the discretion of a
jury; and moreover be liable to a civil action for damages there-
for, and incase of conviction or indictment, the fine imposed
shall also be paid to said corporation.

PAssED, Feb. 14th, 1834.-ArrRovFi, Feb. 15tbh 1884.








41hap. 793-No. 54. An act to incorporate the Tillahassee RIail
Road Company.

SEc. 1. Be it enacted by the Governor and Legislttive Coun-
oil of the Territory- of Florida, That a company be hereby in-
corporated by the nime and*style of the "LFallahassee Rail Company ia.
Road Company," and-b. that name alFwho shall become sub- corporate.
scribers and members ok Al company, their heirs successors
or assigns shall be capable in law to purchase, lecive retain,
and enjoy, to them and their heirs successors or assigns, lands
and tenements. goods, chattels effect of what kind soever; and
the-ame to grant, sell, mortgage and dispose of; to sue andbe yhold prue
sued, to plead and be isnpleaded, to make a common seal, and be sued, &o.
at pleasure to break oralter the same, to ordain establish and
put in execution such by-laws and regulations as may be deem.
ed necessary and expedient for the goterament of said corpora-
tion, not being contrary to the constitution or laws of the United
States, or the laws -,t this Territory.
SEc. 2. Be it further enacted, That the capital stock of said Capital not to
company shall not amount to more than one hundred thousand exceed $100,-
dollars, to be divided into shares of one hundred dollars each;.000.
books of subscription for which shall be opened within ten days
after the passage of this act'at Tallahassee. under the superm- Bonks to be
tendence of Ben. Chairs, Romeo Lewis, Charles Austin, Ro- lahTasee
bert J. Hackley and Turbert R. Betton, any two of whom shall
be competent to receive the subscription- The books shall be If more than
kept open for sixty days, and if at the closeof the said sixty days .. bhar beT
it shall appear that a greater' number of shares than or.e thou- excess to be
sand shall have been *0u cribed for, then and in that case, the deducted from
excess shall be deductedmfrom the largest subscriptions in such largest sub.
manner that no deduction shall be tpade from subscrioutons oi"criptions.
one hundred shares or under, while such excess may ie deduct- May begin
ed from these subscriptions exceeding one hundred shares; and when 860,000
if afterwards there should still be an excess, it shall be deducted are subsesibed
from all such subscriptions in a rateable proportion. But the Stock, how
said directors shall have the right to proceed to carry into effect paid for.
the provisions of this charter, as soon as sixty thousand dollars
shall have been subscribed: And at the time of subscribing, one Not morethan
per cent. shall be paid jn on each share subscribed for, and the be called n at
residue at the discretion of the president and directors: Provi- one time.
ded that no instalment shall be required atter that paid at tle
time of subscribing, unless thirty days notice thereof be given
in a public newpapei p inted at I allahasseeeand not more than
twenty per centum be required at any on$ time ojkthe whole May ex
amount subscribed for; but said company shall have te privi- stocktoo20o0,
lege of extending the subscriptionTor stock from time to tjme, 000.
so as not to exceed two hundred thousand dollars, if a greater-
amount than-one hundred thousand dollars should be necessary
to the completion of saint road, under the same rules and regula-
tions as herein before prescribed.








rec. 3. Be it further enacted, That if any stockholder shall
-ocr fail to pay the itsa t required of. him, by the said president and
-ing to pee directors, within ondimonth after ehe same shall ave been ad-
fceapureaed vernised asT.aremaid, it shall and may be lawfal for the said pre-
sident and directors, or a majority of them, Jtsell at public auc-
tion and to convey to te purchaser faw snare or shares of
such delinquent stockholder o. stqk hoJders,. giving ten days
forfeits previous notice of the time andiplac ifimale it manner afore.
stock, which said, and aftqretaining the sum due and all charges of sale,
may be sol. out of the process thereof, to pag the.urplus over to the form-
er owner or:tis legal representative; add if~e said sale should
not produ* thejsum tequisid to be advanced, with the inciden-
tal charges attending thtsje, then the saipresident and direr-
tors may recover the residue ofthe tighi* proprietor, or his ob
Uprmeeds not her assigned, or the e actor or lmiQistrator, of either of them,
pay arrears, by motion on ten days no#ce beforee the Superior or County
stockh'ldersli- Court of that county of which ho is an inhabitant, or,Jwhere the
able for the re- amount due does not exceed fifty dollars, fy warrant before a
idue. justice of the peace. of such county; and any purchaser of stock
under such sate shall be subject to the same rules and regula-
tions as the original proprietors.
SEc. 4. Be4t further enacted, Tlht for the management of
Certain per- the concerns of the said company, the said Ben. Chairs, Romeo
sons named as Lewis, Charieg Austin, Robert J. Hackley, and Turbert R.
tea rf dire Bettmn, shall be and continue directors, unti.twenty days after
cempa y. the subscriptions har*been closed; that when said stock shall
have been subscribed for, or the bopks closed, notice shall -be
Who shalt given that twenty days thereafter, an election shall be held at
omirelic allahassee, for seven directors, who be chosen from the
fir directors. stockholders having at least two shares each of the stock of said
company; one of which directors shall be elected for president
Diretors and by the said directors; that said directors shall e elected for the
Presideathow k .c't
e~an. period ot one year, that twenty days previous to the termination
of which period, notice shall be given by the president in a pub-
Shan serve I lic newspaper printed at Tallahassee, for a new election of a
ear. like number of directors, with the same qualifications, whojhall
Each shareen- choose irom their number a president;.nd in like manner,ilnre-
titled to one after yearly shall directors and president of said company be
vote. elected, for the management of its concerns; that each' share
If no election sqtl be entitled to one vote upon all questions coming before
be helk on the t~e stockholders of said company; any stockholder may author,
dayappoin'te ize an aeent to vote for him; in all elections by the company, a
company vil majority of votes shall constitute a choice; and the person or
Dot be dissce V-
.eis p~r sons so elected shall hold their offices until their successors
are appointed; but in the event no election shall take place, ow-
L rector ;- i)n to tee Jact that no person or persons having a majority of
fi vacsanci. votes as nerer above provided, 'rr ironm any-other cauea, the
company sail not be considered dissolved; butthe old directors
sa a continDV r ofiifce with the same powers as if they had bee.








reflected, until such new election shoil be made; aad the 64
rectors shall have power to fill any vacancies that may occur
in their body between the periods of election.
SEc. 5. Be it further enacted, That the said company shall Compnnymay
have the right to construct a rail road with one ozmore tracks, construct road
for the transportation of passengers, produce; goods, and all from Tala.-
hiasses to St.
other articles, whatsoever, from the city of Tallahassee, to Markaor p,-
some point to be selected by the company on the St. Marks or patachee Bay.
Appalachee rivers or ba)ys they may think most advantageous
to the conmpny: Provided that if the said rail road be made to Proviso.
cross the St. Marks river, a suitable drawbridge be made, on
which it must pass, in orderihot to obstruct-the navigation of
said river, and thathe said drawbridgo shall be ke t in good
repair for the passage of any vessels qr boats througout, under Road small
itenalty to the company, of full darTq a, to the owners or mas- not o' ',nirc
?ers of such vessels or boats, for df4as.-occasioned by the navilasion of
want of such repair, orloa person j ly attending to and at St. Marks rv-
the same, or any derangemenrtf Ite bdge that may cause un- e, o cmpa -
necessary delay tq such vessels as may require to pass, to be all damages.
recovered by action in the Justice, County, or Superior Courts,
having jurisdiction thereof. And the company may commence Damages h
said rail road at any point ywiin or adjacent to the city of Tal recovered
]ahassee, and pursue such course and direction with the same to
the point which may be aWected as aforesaid, as may be most
colddsive to the interests of the company in accomplishing said
woik: Provided the company shall at 'all times keep suitable Comp'nyrray
and convenient filturesfor vehicles ofPtery kind to cross the oI'"ence nea
same, and in no way to interfere withaie present established T aee
roads, as may be established by [a. without furnikiing stch
fixures or causingao be made as convenient a road at the ex-
pense of said eom palW
SEs. 6. Be it fiurtier enacted, That the said company by its
press dent and directors, shall have power to purchase with the tMay purchase
funds of the cohtpany, and to place on the said rail road, all ma- gmns, & a. n
chines, waggons, vehicles, cairi aes and teams, of any descrip- cessary.
tion w alsoever which they may deem proper and necessary for
t ses ottransportation, all such machines, waggon, ve- Property of
s, charges and teams, anan all the works constructed un. company free
dbrtfe authority of th' act, and all profits which shall accrue
from the same-shall be. vested in the respective stockholders May establish
of the company fo:ever, in proportion to their respective shares, warehouses,
and the same shall be exempt from any public charge or tax
.whatever; and they are hereoy authorized, at those points in the
rine of their rail road, where it may appear to them important,
for the accommodation and* business of tnl'road to establish
depots and warehouses, to be used by them foriall necessary
purposes of said load, or to'i posedd of by them, when it may
be deemed neehy, andfpi"rge for th ore storage of produce,
werchandtzev an the r articles, at such warehouses as they








mny And it necessary to construct, states not excee.2ng the oi-
dinary warehouse dues.
Ma te SEC. 7. ie it further enacted, That in -constructing'the said
landay take rail road, it shallafid may be lawful for the -aid company by its
president adl ~ ire&tors, or by its proper agents,or servants to
enter upag aigntake possession of any landi^lts')ever, which
-may be necessary for the completion of the.,ork contemplated
by this-act: Provided,;ghat no land shaft be fak"n from private
Proviso. individuals or corporations and appropriated to the purposes
-aforesaid, without cdmpenAtiq0tritUhose owning the same ; and
that it shall-and may be lawful for said company irflili manner
to take mrt aaniland conveh'nlrtto sid rail rbad, at all times,
May inak such timle~ sto'ne,.or-otetheririals, asrty be necessary for
stone, umber, the con.ttWctiob'f aflf in repai'saird-rail road : Provi-
."" ded that nothing belo- 'fto iddividual lhall be taken withelt
adequate cmmpenasatig o.be.determmndtin thetianner herein.
after provided. '
SEC. S. Be it further enactodf That whenever it shall become
tt taken from necessary for the said company to"take ppssesiorLfo and ap-
anyindividlul propriate or use anvdand, timber, stone, or other materials, own-
Sparties -.. ed by private individuals or corporations'for the route of said
t Jagree If road, or forconstructnfigor- keeqng in repair the same or any
to p rice, ;lh. '
Company may pait thereof; and if the parties do not agree on thevaliue of
apply for a such land, stone, or materials, as may be so taken or appropria-
writ ofad quod ted, it shall and mav be lawful for the president and directorisof
dvmnatm. said comp,%yi or their proper agent, on giving ten days notice
at least, in writ'nrtoithe party owniug thelRhie, or to hisher,
or their agent, that application' will be made to the judge of the
County^Court for a w'i of ad quod damnum, which shall be
Duty of J- P. granted and directed to the sheriff to suulmon five disinterested
persons, householders of lawvful age, FW et'and value said pro-
perty on oath administered by any jus|| of thoe eae, whose
duty it ball be to attend in person said inquest, an-r"eceive their
All expenses report, the amount thus tixgd upon by said vacation, the said of-
of writ to be ficer shall receive 'from thYlaid president and directors or their
paid by the proper agent, and pay the sLme over to the person or persons
company. entitled to receive it, and to take'-n acquittal or re6flt of~the
same; on this tender of the sum awarded to tl-. partystitled
to receive, it, or to his, or her, or theiAgent or attorneys, It shall
be lawful for said company, or their presiderntand directors, or
other agent, to enter upon and take possession of, and use any
such land, timber, stone, and other materials; but all the expen-
ses and costs incurred by the writ of ad quod damnum, shall be
paid ly the president and directors of said company : Provided,
'fipvi5C the appraisers shall not be allowed more th.n one dollar each
per day while engaged in such duties: Provided, that if any per-
son or persons shall purcJia or appropriate any of the public
lands over which the rail roa~shall pass, after the same shall
have been surveyed and located, then and in that case the sai(!







97
company shall not be required to make compensation for any of
the said lands, or timber, stone, or other materials, which might
be necessary to take from the same, for the use of said road.
SEC. 9. Be it further enacted, That all the property so as- Property thus
sessed and paid for by the president and directors of said cor- assessed and
pany or their agents, agreeably to the provisions of this act, aid for, to be-
and all donations made to and for the same shall forever after ong to the
wards belong to and become the property of said company, their company.
heirs, successors or assigns, in fee simple, in proportion to the
shares owned respectively.
SEC. 10. Be it further enacted, That any stockholders of said
company, may and shall have the right to dispose of and trans- Stock trans.
for his, her, or their interest in the same or any part thereof, to ferable.
any other person, persons, or corporations, which said transfer Property held
shall not be binding, unless entered on the books of the compa- jointly.l
ny; but the stock of said company, and allthe property belonging
thereto, or which may from time to time be required by said
company, shall be held jointly and not separately: Provided,
that nothing in this act contained shall be so construed, as to Prvi.
prevent the members of said company from using the profits and ovs
dividends that may be declared upon said stock to his or they
individual purposes.
See. 11. Be it further enacted, That the president and di-
rectors of said company shall have a right to demand and re- Rate of toll.
ceive such prices and sums for the transporting by their own
means and carriages on said rail road, passengers, produce,
goods, and all other articles whatsoever, as may be from time
to time authorised by the by-laws of said president and directors Toll shall not
for said company: Provided, that such' prices and sums shall be increased.
not-at any time be increased without at least sixty days previous
notice being given in a public print in Tallahassee, and the said
company shall continue to receive such prices and sums for tue
transportation of passengers, produce, goods, and all other ar-
ticles whatsoever, as may be prescribed by the by-laws of said bie lr damsa
company so long as the said rail road is kept in operation: ges to passen-
Provided the said company become responsible for any dama gersand good
ges, said passengers, produce, goods, and articles of whatso-
ever kind may receive, in transporting the same on said rail
road: and all produce, goods, and articles, of whatsoever Kind,
transported or conveyed on said rail road, shall be liable for said Gods may I
transportation, with which they may be chargeable and may be detained for
detained until the same be paid and discharged; and if the same toll.
be not paid, and such goods, produce and articles, remain in
possession of the company, for the space of twenty days, they
shall be sold at public auction ; and after the expenses of trans-
portation, storage, and auction commissions shall be paid, the I And may
remainder shall be paid to such person, persons, or corporation, sold.
or their agents, who shall be entitled to receive the same: Pro-
vided, that when the tolls upon said road shall have repaid to
X








Proviso. Ahe stockholders the full amount of its costs, together vwth ai
If toll exceed the expenses thereof, then it shall be the duty ofsaid company to
20 per cent on average the tollb, that not more than twenty per centum per an-
cost, excess to num, with profits, shall be received upon the whole amount of
go to Territo- said stock, and the expenses thereon, and that if the rates of
ry- tell so established shall exceed twenty per cent. as aforesaid,
then the surplus shall be paid into the Territonal Treasury.
SEc. 12. Be it further enacted, That the said rail road com-
pany shall at all times have the exclusive right of transporting
Company to or of conveying persons, goods, produce, and articles of any
have te ex- description on said rail road, to be by them constructed, while
elusive right- they may see fit to exercise such exclusive right: Previded,
ay rent, ut that when the said company may see fit, they may rent or farm
liable a before out any or all of such exclusive privilege, to any person, or per-
sons, or corporation, for sueh term 'as may be agreed upon,
subject to the same responsibilities, for which the company here*
in before mentioned, shall still be held bound for damages to in-
dividuals or corporations, which may accrue, by reason vo aiy
of the provisions of this act.
SSEc. 13. Be it further enacted, That if any person shall in-
ed to inetrde trude upon said rail road, or any part thereof, or upon the rights
on said road. or privileges connected therewith, without the permission or
contrary to the will of said company, all the vehicles, articles,
animal or locomotive power that may be so i6trusively introdu-
ced and used thereon, may be seized by the company or its
agents, or recovered by suit at law: And moreover the person
or pe-sons so offending, shall be liable to be indicted for a mis-
demeafnor, and upon conviction, fined and imprisoned by sen-
tence of the Superior Court of the district in which the offence
Penalty. may be committed, and if any person shall artfully and malici-
ously destroy, or in any manner hurt, damage, or injure, or ob-
struct, or shall artfully or maliciously cause and assist, counsel
or advise any other person or persons to destroy, or in any way
to hurt, damage, injure or obstruct said rail road, or any pirt
thereof, or any edifice, vehicle, right or privilege granted by this
act, and constructed for use under the authority thereof, such
person or persons so offending, shall be liable to be indicted, and
Penaltyforin- on conviction thereof, shall be imprisoned not more than six
jnring ordain- nor less than one month, and pay a fine not exceeding five hun-
aging road. dred dollars, nor less than twenty-five dollars, at the discretion
of the court, before which such conviction shall be had, and
shall be further liable to pay all expenses of repairing the same.
The one half of all the fines that may be imposed by the Court
under this act, shall be paid to the informer, and the' other half
to the use of the Territory.
President and SEC. 14. Be it further enacted, That the president and direc-
directors iL tors be required to make a full report to the stockholders of said
make report. company, at their yearly meeting for the election of directors on
the state of the corporation and its concerns. The oresiderit









and directors shall have power to call t general meeting of the May call a
stockholders whenever the affairs of the company, in their esti- meting ofrs
ration may render it expedient to call such a meeting. The
directors shall have power to fill any vacancies that may occur Andlfilivacat.
in their body, and it shall be their duty to fill such vacancies cies.
whenever they may occur.
) SEc. 15. Be it further enacted, That should any stockholder Any stockhol-
pay an amount upon his or her stock respectively, equal to five der payin- 5
per cent., he may have it at his or her option, to forfeit the same per cent, may
to the company, or be subject to the provisions of the third sec- relinq'sh stock
tion of this act.
SEC. 16. Be it further enacted, That nothing herein above Not to pre'nt
contained shall be so construed as to authorise said company in any .ther conm
the construction of said load, to prevent any other read com- pany from ex-
i tending a road
pany which may hereafter be incorporated, to extend either in from aiiahas-
the direction of Columbus or the Atlantic, from joining said see in another
above named road at Tallahassee, under such reciprocal advan- direction.
stages as may be agreed upon by any suchcompany or companies.

PASSED,,Feb. 6th 1834.-APPROVED, Feb. 10th 1834.







Chap. 794-No. 55. An act to change the name of a certain person
therein named.

Sac. 1. Be it enacted by the Governor and Legislative Court- Name chWl
oil of the Territory of Florida, That the name of Louisa Wag- ged.
gonhulse, of the City of Key West, in the county of Munroe. in
said Territory, he and the same is hereby changed to Louisa
Brown.

uMaSp, Jan, 14th 1834.-AlPRoVED, Jan. 21st 18341







100
Chap. 795-No. 56. An act for the relief of MaryP,. Harke.,

Divorced from SEC. 1. Be it enacted by the Governor and Legislative Coun.
her husband. cil of the Territory of Florida, That the marriage contract,
heretofore subsisting between John C. Harker and Mary P.
Harker, be & the sameis hereby dissolved, and that the said Mary
P. Harker be hereby released from all dufy to, or connection
with, the said John C. Harker, by reason of their said marriage,
heretofore subsisting as fully and completely as if the same had
never existed.

PASSED, Jan. 16th, 1834.-APPRovED, Jan. 21st, 1834.







Chap. 796-No. 57. An act to legitimate and change the name of
Martha Higginbotham, to that of Martha Crozier.

[Name chang, SEC. 1. Be it enacted by the Governor and Legislative Coun-
ed to ML4rAa Oil of the Territory of Florida, That from and after the pas-
Crozier. sage of this act, Martha Higginbotham of the County of Nas,
sau, shall be known and called by the name of Mary Crozier.
SEC. 2. Be it further enacted, That the said Martha shall
be held and considered in law as the child and legal heir of
Made the heir William Crozier of said county, and as such shall be entitled to
of W.Crozior. inherit his property or such part thereof, as she would be entitled
to, had she been born in wedlock.

PAssnD, Jan. 84th 1834.-ArPrtovBD, Feb. 3d 1834.







Chap. 797-No. 58. An act to establish a ferry across the south prong
of Black Creek, at or near Whitesville in Duval County.

Ferry esta- SEC. 1. Be it enacted by the Governor and Legislative Coua.
SoreA, cil of the Territory of Florida, That Thomas Hagan be, and he
is hereby invested with the right and power, to establish a ferry
across the *outh prong of Black Crreek Duval Count, sa%







014

charged with the duty of keeping the same in repair; and the Linmtation of
said Thomas Hagan, shall continue in the enjoyment of said
ferry, for and during the term of ten years: Provided the same
Thomas Hagan shall so long keep the same in good repair.
SEc. 2. Be it further enacted, That it shall be unlawful for Unlawful to
any person or persons to establish and keep a ferry, on the said keep any oth-
south prong of Black Creek, within three miles above or below, il erry in 3
or at the place aforesaid, except it be for his or her own use,
and not for the purpose of gathering or receiving toll.
SEc. 3. Be it further enacted, That it shall be the duty of
the said Hagan, his heirs and assigns to keep at all times a flat
of sufficient size to cross a wagon and team, and he shall be Duty offerry-
entitled to receive such toll as may from time to time be fixed man.
by the county court of Duval county.

PASSED, Jan. 21st, 1834.-APPROVED, Feb. 10th, 1834.







Chap. 798-No. 59. An act toauthorize Nehemiah Brush to establish
a ferry across St. Johns River, at a place called Palatka.
Sac. 1. Be it enacted by the Governor and Legislative Coun- Ferry estalt
oil of the Territory of Florida, That Nehemiah Brush his heirs, listed.
executors, administrators and assigns, are hereby vested with
the right, and charged with the duties of establishing a ferry a-
cross St. Johns river, at a place known as Palatka, in the Coun-
ty of St. Johns ; and the said Nehemiah Brush, his heirs, ex- Limitation df
ecutors, administrators, and assigns, shall have and enjoy all right.
the privileges and emoluments appertaining to said ferry, during
the term of ten years.
SEc. 2. Be it further enacted, That it shall be the duty of
the said Nehemiah Brush, his heirs, executors, administrators, Ferrym'n oh'ln
and assigns, at all times to have and to keep a sufficient number keep a good
of boats and flats for the safe crossing of foot passengers, ve- flat.
hicles and teams of all descriptions.
SEc. 3. And be it further enacted, That it shall not be law-
ful for any other person or persons, to establish or keep a ferry thlbe kerp
on the St. Johns river, within three miles of said ferry, except in 3 miles.
it be for his own use, and not for the purpose of gathering or
receiving toll.
SEc. 4. And be it further enacted, That the said Nehemiah Toll
Brush, his heirs, executors, administrators, and assigns, shall at
SW taves be subject to such rules and regulations touching the