<%BANNER%>
HIDE
 Front Cover
 Title Page
 Titles to the acts
 Acts of the governor and legislative...
 Resolutions
 Index














Acts of the Governor and Legislative Council of the Territory of Florida
ALL VOLUMES CITATION SEARCH THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00073404/00001
 Material Information
Title: Acts of the Governor and Legislative Council of the Territory of Florida
Uniform Title: Laws, etc. (Session laws 1835-1836)
Physical Description: 2 v. : ; 21 cm.
Language: English
Creator: Florida
Publisher: W. Wilson, printer
Place of Publication: Tallahassee
Creation Date: 1835
Publication Date: 1835-1836
 Subjects
Subjects / Keywords: Law -- Florida (Ter.)   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
Dates or Sequential Designation: 13th session (1835)-14th session (1836)
 Record Information
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 18494360
System ID: UF00073404:00001
 Related Items
Preceded by: Laws of the Legislative Council of the Territory of Florida
Succeeded by: Acts of the Legislative Council of the Territory of Florida

Table of Contents
    Front Cover
        Front Cover 1
        Front Cover 2
    Title Page
        Page i
    Titles to the acts
        Page ii
        Page iii
        Page iv
    Acts of the governor and legislative council of the Territory of Florida, passed at the thirteenth session, 1835
        Page 251
        Page 252
        Page 253
        Page 254
        Page 255
        Page 256
        Page 257
        Page 258
        Page 259
        Page 260
        Page 261
        Page 262
        Page 263
        Page 264
        Page 265
        Page 266
        Page 267
        Page 268
        Page 269
        Page 270
        Page 271
        Page 272
        Page 273
        Page 274
        Page 275
        Page 276
        Page 277
        Page 278
        Page 279
        Page 280
        Page 281
        Page 282
        Page 283
        Page 284
        Page 285
        Page 286
        Page 287
        Page 288
        Page 289
        Page 290
        Page 291
        Page 292
        Page 293
        Page 294
        Page 295
        Page 296
        Page 297
        Page 298
        Page 299
        Page 300
        Page 301
        Page 302
        Page 303
        Page 304
        Page 305
        Page 306
        Page 307
        Page 308
        Page 309
        Page 310
        Page 311
        Page 312
        Page 313
        Page 314
        Page 315
        Page 316
        Page 317
        Page 318
        Page 319
        Page 320
        Page 321
        Page 322
        Page 323
        Page 324
        Page 325
        Page 326
        Page 327
        Page 328
        Page 329
        Page 330
        Page 331
        Page 332
        Page 333
        Page 334
        Page 335
        Page 336
        Page 337
        Page 338
        Page 339
        Page 340
        Page 341
        Page 342
        Page 343
        Page 344
        Page 345
    Resolutions
        Page 346
        Page 347
        Page 348
        Page 349
        Page 350
    Index
        Page 351
        Page 352
        Page 353
Full Text



ACTS







GOVERNORR AND LEGISLATIVE COUNCIL



OF THE


rritorof ilorWa


Passed at the Thirteenth Sysion.


.3EGUN AND HELP AT THE CITY OF TALLAHASSEE, ON MONDAY
JAN. 5TH, AND ENDED SATURDAY FEB. 14TH, 1835.



P -ILISHED BY UTHORTY.
PUBLISHED BY aUTHQP4JTY.
_\ '


TALLAHASSEE:
WILLIAM WILSON, Printer.

1835.







ACTS



QF/ THE



GOVERNOR AND LEGISLATIVE COUNCIL


OF THE


S1Wfritorv of ffl Toriut


Passed at the Thirteenth Seision.


;EGUN AND HELD AT THE CITY OF TALLAHASSEE, ON MONDAY
IAN. 5TH, AND ENDED SATURDAY FEB. 14TH, 1835.




PUBLISHED BY JAUTHOSiiTY.


TALLAHASSEE:
WILLIAM WILSONI Plinter
1836.








TITLES TO THE ACTS.
183A.
CRAP. 824. (No. i.) An Act to incorporate the East Florida Rai:.
Raad Company.
825. ii. An Act to incorporate the Pensacola and Per-
dido Rail Road and Canal Company.
896. iii. An Act to incorporate the Southern Life In-
surance and Trust Company.
827. iv. An Act to incorporate the Union Rail Road
Company, in he Territory of Florida.
828. v. An Act to revive An Act, to incorporate the
St. Andrew's and Chipola Canal Company.
'" 829. vi An Act to incorporate a company to be called
the Lake Wimico and St. Joseph's Canal
Company.
830. vii. An Act to incorporate the Escambia Manufac-
turing Company.
831. viii. An Act to amend An Act, entitled An Act, to
incorporate the Subscribers to the Union
Bank of Florida.
832. ix. An Act to amend An Act, entitled An Act, to
incorporate the Florida Peninsula and Jack-
sonville Rail Road Company, Approved
February 15th, 1834.
833. x. An Act to amend an Act to incorporate the
town of Jacksonville.
831. xi. An Act to incorporate the Pond Creek and
Black-water River Canal Company.
n 835. xii. An Act to amend the several Acts incorporat.-
ing the Town of Apalachacola.
'E 836. xiii. ,An Ac, to incorporate the Bank of Jacksonviile.
837. xiv. An Act to revive and amend an Act, entitled
an Act to incorporate a company, entitled
the Wascissa and Aucilla Navigation
Company.
838. xv. An Act to incorporate the Methodist Episcopal
Church in St. Augustine.
839. xvi. An Act to incorporate the St. Augustine Wharf
Company.
810. xvii. An Act to repeal an Act, entitled an Act, to
incorporate the City of Key West.
841. xviii. An Act to confer additional powers on the Cor-
poration o( the City of.St. Augustine.
"842. xix. An Act to rvive and amend an Act, entitled
"an Act to incorporate the Town of Mon-
ticello, in Jefferson'Connty:"
'4 843. xx. An Act to increase the Capital of the Bank of
Pensacola. and to amend the laws incor-
porating said Bank, and for other purpose'
844. xxi. An Act in addition to the Acts providing for
the Compilation of the Laws of this Ter'rv.
845. xxii. An Act to change the time of holding the Elec-
tion tbr members of the Legislative Council.-
816. xxiii. An Act to fix permanently the Seat of Govern-
ment of the Territory of Florida.
S847. xxiv. An Act to alter the place of Sale under Execu-
tions, issuing out of the Superior Courts,
in certain cases.
S818. xxv. An Act requiring County Judges, in all cases,
to forward copies of Orders for Election:
to the Governor.
S849. xxvi. An Act to make sureties equally liable in certain
cases.


An Act to amend the several Acts now in fort-,


. Wyj xxvi;l










350. xx-iT. An Act, to amend an Act, entitled an Act tore-
vide fIr hie collection of Rents, passed
20th Nov. 1828.
351. xxix. An Act to repeal a certain Act, and part of an Act
therein named.
S j35, xxx. An Act limiting the time of appointmentof Auc-
tioneers, and for other purposes.
853. : xxxi. An Act to prohibit the circulation of Notes of
foreign Banks of a less denomination than
five dollars.
854. xxxii. An Act in addition to the several Act regulating
the mode of proceeding on Attachments.
S856. xxxiii. An Act to revive an Act to provide for the collec-
tion of Judgmemts against free Negroes,
and other persons therein named.
S856. xxxiv. An Act in relation to Fugitives from Justice.
857. xxxv. An Act to prevent trespasses and depredations on
lands within the jurisdiction of the Territory
of Florida.
$58. xxxvi. An Act entitled an act, to amend an act entitled
an act to establish a. Tariff of Fees.
859. xxxvii. An Act concerning the limitation of Actions.
"860. xxxviii. An Act to prevent any person in this Territoryr
from carrying arms secretly.
861. xxxix. An Act to enable married women to convey their
real estate of inheritance.
f' 862, XL. An Act providing for removal of Justices of the
Peace in certain eases,and for other purposes.
" 863. xtr. An Act to provide for the compensation of the
Members and Officers of the Council, and
for other purposes.
864. XLI. An Act for the relief of Grantees and Claimants
of land in certain cases.
' 865. XLir. An Act to provide for the establishment and organi-
zation of the Spring Grove Guards.
S866 a xLI. A.Act entitled an act to prescribe the mode of
erecting mill-dams near the town of Quin-
cy. in Gadsden county.
" 867 XLV. An Act to amend an act entitled an act to reg-
ulate the pilotage of the port of St. Mark's.
S68 *' XLVI. An Act to alter the time ot holding the county
courts in Franklin county.
.r 869 XLTv. An Act to change the northern boundary line
of Alachua county.
, 870 XLVII An Act to authorise the Alabama, Florida, and
Georgia Rail Road Company to continue
their Road from the line between the State
of Alabama and Territory of Florida, to
the waters of Pensacola Bay.
S871 XLIx. An Act to repeal an act to provide for the sp-
pointment of Pilots, and regulating the
rate ol Pilotage at Key West, and for oth-
er purposes.
" 872 L. An Act to make permanent the county Site of
Madison county, and for other purposes.
" 873 LI. An Act to alter the time and manner of hold-
ing the county courts of Monroe county,
and for other purposes.
"' 874 LI. An Act to establish the county Site of Mos-
quitoe county.
S875 LI. An Act to authorise Margaret L. Anderson to
sell certain Real Estate.
S876 LIV An Act for the relief of Edwin R. Alberti anti
Henry Sadler.
" 977 .v. An Act to change the name of Elizabeth Uc-
derwood to that of Elizabeth Murrhee.










8:, (i LV;. An Act to anthllrise Miaiy J. F oniaine to seii
and convey certain real estate therein de-
scribed.
879 LVII. An Act fr the relief of the inhabitants of
Amelia Island.
S880 "' LVm. An Act for the r-lief of Joseph F. Wachob.
881 1 LIX. An Ac for tie relief of the heirs of Miary T.
Blocker.
S8"2 LX. An-Act for the relief of Elijah Andrews.
883 LX. An Act to authorise Mary Johnson and John
A. Cuthbert to dispose of certain real es-
tate.
884 LXI. An Act to enable the Guardian of Ihe infant
children and heirs of John Andreo, dec'd.
to convey certain real estate therein men-
tioned
885 LxII. An Act for the relief of EliasB. Gould.
"886 LXIV. An Act to legitimate and change the name of
William W. Hicks to thatof William W.
Brown.
S887 LXV. An Act for tile relief of John C. Cleland.
S888 LXVI, An Act for ile relief of Hillory E. Simmons
and others
S889 LXVII. An Ac; io change the name of Mary P. Har-
ker, of St John's county.
" 890 LXVUI. An Act for the r-lief of Edward Chandler.
S891 LXIX. An k.ct to authorise James Stuart to build a
bridge across the Ocklocknee river.
" 892 LXX. A Bill to authorise Abraham Millsted toestab-
lsh a Ferry across the Escambia river.
"893 LXXI. A Bill to authorise Samu :l C. Keyser to estab-
lish a ferry a-ross Escambia river at; or
near its junction with the Escambia Bay.
"891 LxxII. An Act to establish a Ferry across the Chipola
rive, nea' Maria.na
" 895. LXXIII. An Aci to authorise Charls Hall to establish a
f-rry across the River P-rdido.
S896. LXXIV. An Act to establish a ferryarross the St. John's
River.
S897. LXXV. An Act io authorise John Wamble to establish
a ferry across the Oci'la river.
S898. LXXVI. An Act to authorise '.brham Smith to establish
a f-rry across Bell's river and St. Mary's
Rivr.
" 899 LXXVII. An Act to establish a ferry across the Suwannee
River.
S900. LXXVIII An %ct to establish a ferry on Julington Creek,
on St John's rive.
" 901. LXXIX. An Act to divorce John Gamble and Sarah
Gamble.
' 902. LXXX. An Act to divorce Martha Redman from her
husband Elisha Red :ian.
" 903 LXXXI. An Acttodivoce Lydia H. Starr and Rob!.Stair
" 904. LX.'I. An Act to ivorce Hester Burk, and Thos.Burke
" 905. LXXXII. An Act o divorce James Johnson and Dorotha
Johnson.
" 906. LXXXIV. An Act to divorce Alexander Patterson and
Eliza Patterson.
" 997. LXXXV. An Act for the relief of John Roberts.
" 9.8 LXXXVI. An Act to divorce Eizabeth Uptegrove and
Green Up.egrove.
" 909. : LXXXVI. An Act todivorce Ma.yannChild n:d HaleChild
S910. LxxxvII.An Act to divorce Indiana Cordelia T Richards
and Wolcott Richards.
" 911. LxxxIx. AnAct todivorce Josephine G.anpera Gagnet
from her husband Lewis Gagnet.







ACTS
OF THE
~iOVERIOR AND LEGISLATIVE COUNCII^r
OF THE

Ciriftora of 0~l0ritva:
PASSEDD AT THE THIRTEENTH SESSION, BEGUN AND HELD AT THE
CITY OF TALLAHASSEE, ON MONDAY JANUARY 5TH, AND ENDED
SATURDAY FEBRUARY 14TH, 1835.
JoHN H. EATON, Governor. George K. Walker, Secretary of the Terri#
tory. John Warren, Pre3ident of the Council.



An Act to incorporate the East Florida Rail Road Companyg

Sec. 1. Be it enacted by the Governor and Legislative Coun-
eil of the Territory of Florda, That Thos. Penney, John Bin. Namesofco .
ney, Samuel S. Lewis, Daniel D. Broadhead, Amos Binney, J. mlisaoners.
B. Danforth, J. Kettelle, John Henshaw, George Hallet, John
Brown, Francis J. Oliver, Stephen White, C. W. Cartwright,
James C. Dunn, Jonas L. Sibley, Mark Healey, Edmund Mun-
roe, L. M.Parker, Joseph L. Smith and A. M. Frink and their as-
sociates be, and they are hereby incorporated by the name and ramea stylli.
style of the East Florida Rail Road Company, and by that name,
all who shall become subscribers for stock, and members of
said company, their heirs, successors or assigns shall be ca-
pable in law, to purchase, receive, retain and enjoy, to them and
their heirs, successors, or assigns, any lands, tenements, goods,
chattels and effects, of what kind soever necessary to carry on
the concerns of the company, and making and maintaining said
road; and the same to grant, sell, mortgage and dispose of; to
sue and be sued, plead and be impleaded, to make a common
seal, and at pleasure, to break or alter the same; to ordain, esa
tablish, and put in execution, such by-laws and regulations e
as may be deemed necessary and expedient for the government
of said corporation, not being contrary to the constitution or
laws of the United States, or laws of this Territory.
Sec. 2. Be it further enacted, That the capital stock of this Capitalste.
company shall not amount to more than five hundred thousand
dollars, to be divided into shares of one hundred dollars each; Books to be
books of subscription for which, shall be opened on the first openedatB&q -
day of May next, at Boston, Mass. under the superintendence ton, 4,-
of Samuel S. Lewis, John Henshaw, David Henshaw. J. B.
Itnforth and Stephen White-at St. Augustine, under tae so.







952 CHAP. 824. East Florida Rail Road Company.
1i,'5. perintendence of benjamin A. Put am;, ( harlts Downing, Pe;
3- t r B. Dumas, Joseph S. Sanchz and John M. Hanson,-at
'I ailahassee, under th stiperintendence of Jamesn Gadsden,
Ben. Chairs, John G. Gamble, \ m. B. Nutali and Abram Bel-
lamy-at Apalachicola, under the supe intendence of E. J.
Wood, Thomas Penney. E: J Hardin. G. J Flovd and W m. G.
PFrter-sat Jacksonville, under tl e sup-rintendenre of James
Dell, Joseph B. Lancaster, J. D. Hart, Stephen Eddy, E. Wil-
liams, M. 'K. Pinekstori and John W. Richard-at Marianna,
under the superintendence of Peter W. Gautier, jr. Duke W.
Horn, Jacob Robinson, Thomas Orman and Richard L. W at-
son, a.,d at Pensacola. under the superintendence of Joseph Li-
care, Edwaid L. Drake, John Campblell, Charles C. Keyser
and G. W. Barkley, commissioiwrs under this Act, any three of
whom, at the places designated, shall be competent to receive
subscriptions for stock: Provided, thai the per oni named in
Sec. 1 of this Act, and their associates. shall have the right
and privilege to subseribe for, and own. by precedence, two
thirds of the capital sto' k as aforesaid. at their discretion. And
the hooks shall be kept open for thirty days, at the expiration of
which time, they shall be closed, and if, after the above subscrip-
tion of -two thirds, it shall appear that the remaining subscrip-
tions taken up have caused the whole subscription to exceed
five huirdred thousand dollars, the excess shall be deducted from
such remaining subscriptions, pro rata. If on the contrary, tt
shall appear'that a less amount than five hundred thousand dol-
lars has been subscribed, it shall be competent for such commis-
sioners as are hereinafter constituted a provisional directory, or
the President and Directors of said company, to cause books to
bt opened from time to time, at any places they may appoint,
and under the superintendence of such agency as they may
choose, until the subscription be filled, or unt; so much be sub-
scribed as they shall d4em necessary for the prosecution of the
work. Provided, however, that the capital stock may be increas-
ed to one million and a half 'of dollars, if the company shall
hereafter deem tt necessary,
Sec. 3. Be it further enacted. That there shall be paid upon
each share if the stock, five dollars at the time of subscribing,
fistalmentskpdf five dollars within' at least, six months after the first closing
*lhento bepai4'.the books, and the residue, at any time, at the discretion of
.the President ard Directors by giving sixty days' notice, previ-
ous to a call for any instalment, by advertisement in three or
more newspapers published in this Territory, and one or more
''atoston, MVassachusetts, or at such other place or places as
books may have been opened; and ii any stockholder shall fail
to pay within ten days, after the time designated, the amount of
such installment, the stock upon which the delinquency occurs
shall be forfeited to the President and Directors, to be disposed
ae, at their discretion, for the use and benefit of the company-
the purchaser of such stock becoming subject to the same con-







Past Florida Rail Road Company. -CHAP. 84. 258
ditinns and regulations as the original holder; or the President 1835.
and Directors may eue for and recover ibe amount in arrears, -- -
with damages.
See. 4. Be it further enacted. That each share purchased Eachshareene.
and held in the stock of the c ,mpany shall be entitled to one titled to ona
vote upon all questions submitted at any legally convened meet- 't
ing of the "o ,panv, whi,'h vote may be exercised either person-
ally or by proxy; and ever stockholder, not in arrears, shall be
eligible to he chosen a Director; but no stockholder Wsio shall
be in ;trrear.~, shall vote, or be eligible to office, or receive any
dividend while he shall ao continue-A majority of votes shall
determine all questions and elections.
Sec. 5 Be it turther enacted, That this corporation shall be How governed
governed hv twenty Directors who shall be elected by the stack-
hildd-r at the first organization of the company-they choosing
a President from their own body at their first meeting; and the
directory, so elected. shall meet' and be qualified for offtieby
taking and subscribmg each an oath or affirmation in writing,
administered by some competent authority, to dis'chifrge faithful-.
ly the duties of his office; and the same shall be filed By tie Se- Detors h
rear.-; and the directory. so formed, shaR continue inoffice un-
til the first Mdnday in Fehruar ensuing,- and on that day and
annually thereafter, sixty days' previous notice b6eig given by.
the President or his order, by public advertisement, in manner
as described in section 3, there shall be elected twenty. Direc*
tors, who shall enter upon office under thesame provisions as at
the first election, and in like manner elect their President; and
the President and Directors fdr the time being shallbe compe-
tent to make, alter and amend-all by-laws, rules and regulations
for the governmentof this corporation, sujhect to revision by,
the stockholders m general meeting, and to create and fill all
necessary office, male, all appouitmenjs and removals, and
manage tle ewire affairs of this company--nmiiutes of their
proceedings being regularly recorded,, and held subject to the
examination of the stockholders during office hours. Not less
tian nine metibers of alny dirctory, at its firt meeting sabie-
quent to their election, shall be.competent to chbse aI Pei-
dent; but at all other meetings five metrberagIhall ti, tut'i a
quorum, and the first meeting of any. new directltr, r iiihg
the first" shall always be held within five days atfl'~eheet~ .
iton. If is proved however, thafif from any cauie what~iAquorumho
there should, at any time, be ns election of DitectIrs, the Fo. constituted
portion shallimot, for that cause, be dissolved; bui the direc-
tors then in office shall continue ia office, .and have power over
all concerns of the company, until a new'directory shbll btfial-
ified for office; and in'any case where delay may aii&e ri the*
formation of a'new bird, after any election, the8' d dirdory
shall eintinue to act until they are legally and offi6iMy e-
ded, aid if any vacancy shall odqrby resfiongi tor
death, it shall be competent for the Presidb6 ada aVr&B in







254 CHAP. 804. East Florida Rail Road Company..
1835. office, or a qunrum of the same, to fill qny such vacancy from,
the body of the stockholders.
Sec. 6. Be it further enacted, That when the directory, first
om chosen, under the provisions of the proceeding section, shall
Commission- have entered upon office, the commissioners appointed as here-
ers duty's when
t cease, after, a provisional directory, shall forthwith deliver to the said
directory, or their secretary, all books and papers in their cus-
tody, arid shall render and settle their accounts of expenditure,
and thereupon their functions shall cease, and shall devolve up-
on and be exercised by the board of directors, who shall have
authority to keep open the books of subscription for stock, as
elsewhere provided: and it shall be incumbent on the commis-
sioners, in this Territory, to cause the amounts received by them
for subscriptions of stock, to be deposited in the nearest solvent
and creditable bank, immediately after the closing of the books;
and to obtain a certificate from the cashier )f said bank, (which
may be duplicate,) that the amount is held at the credit of the
"East Florida Rail Road Company," which certificate shall be
transmitted to the directory or the provisional directory as the
ease may be, which provisional directory shall themselves be
subject to this rule and shall file or hand over, as the case may
be, such certificate.
Sec. 7. Be it further enacted, That when the books of sub-
irin b^k scriptions are first closed, the commissioners appointed at each
to be sent to place in this Territory, or any of them, shall immediately there-
astosn after, transmit by mail, and duplicates by succeeding mail, to
the corimiissioners in Boston, Massachusetts, authenticated
copies of the subscriptions made at their respective places, and
if it shall appear that an amount equal to one third part of the
capital stock, has been subscribed at all the places where books
were opened, then the commissioners last named, shall within
ten days thereafter call a meeting of the stockholders to choose
a directory by giving thirty days' notice, by public advertisement
in three or more newspapers published in this Territory and one
or more at Boston, Massachusetts; but until an amount equal
to one third part of the capital stock be subscribed, the com-
missioners, at Boston as aforesaid, shall act as a directory for
the management of the concerns of this corporation, any three
of whom may form a board, choosing their own chairman and
appointing or removing their agents, and making such regula-
tions as they shall deem expedient, and supplying vacancies in
their own body, by death, absence or refusal to act; and they
are hereby enjoined and required to supply all such vacancies,
without delay. that the business of this company be not hinder-
ed or impeded; and they shall so continue to act, as a provis-
ional directory, until the said amount of one third part of the
capital stock be subscribed, when they shall proceed to call a
meeting of stockholders, in manner, and tor the purposes, as
,bfore directed in this section.







Bast Floida Rial Road Company. CHAP. 8S4. 285

Sec. 8. Be it further enacted, That the stock of said corpo- 1835.
nation shall be transferable and assignable under such rules
and regulations, rn i subject to such restrictiot.s and conditions Stock translfe
as the board of directors may from time to time establish, andbe.
that the same shall be deemed personal property.
Sec. 9. Be it further enacted, That the said company have
the right and privilege to construct a rail road, of one or more
tracks through the Territory of Florida, from any poift on the
St. John's. river or its tributaries, or south and east of said river, Rit Cto .n-
to the Golf of Mexico, or waters emptying therein; to connect,
by this means the waters of the Atlantic Ocean with those of
the Gulf of Mexico, together wilh the right and privilege to
own steam boats and vessels, and piers, wharves and docks, and
no charter shall be granted by the Legislature of Fldrida con-
flicting with the rights and privileges hereby granted: Provided
that nothing herein contained shall be constructed so as to war.
rant this company to interfere with the route of the "Florida
Peninsula and Jacksonville Rail Road;" but the company may,
with the consent of the "Florida Peninsula and Jacksonville
Rail Road Company" connect their road with Jacksonville, in
this Territory, or adopt the route secured to that company by
their charter, or make any otherccompact or arrangement with
that company which may he mutually agreed upon. May make I.
Sec. 10. Be it further enacted, That the said company are teral branch'
empowered to make lateral or branch roads from the main one,
to any point or points in the Territory of Florida, where it may
be deemed important to extend such facilities: Provided that
the same shall not interfere with any routes for which charters
have been already granted; but in such event the parties may
compromise and agree upon any mutual grounds of accommo-
dation.
Sec 11. Be it further enacted, That the said company by its
President and Directors shall have power to purchase with he
funds of the company and to place on said rail road, all ma- Powersof oo
chines, wagons, vehicles, cars, carriages and teams of any de- poratios.
scription whatsoever which they may deem proper and necessary
for the purposes of transportation-All such machines, wagons,
vehicles, cars, carriages and teams, and all the works construct.
ed under the authority of this act, and all profits which shall ac-
crue from the same, shall be vested in the respective sharehol-
ders of the company forever, in proportion to their shares, and
the same shall be exempt from any public charge or tax what-
ever; sad they are hereby authorized, at those points in the line
of their rail road, where it may appear to them import ant for the
accommodation and business of the road, to establish depots
and ware-houses, or any other necessary and convenient houses
and builings to be used by them for all purposes of the gaid
road, or to he disposed of by them, when it may be neceQsjrj.
and to charge and receive for the storage of produce, merchan-
diz axd other articles, at such ware-houses or other buildings1







256 CHAP. 8'4. East Florida Rail Road Company.

1835. us they may find it necessary to construct, rates not exceed the
ordidary ware-house duties.
SSO l" pos- Sec. 12. Be it further enacted, That in constructing the said
&so rail road, it shall be lawful for the s:ud company, by its Presi-
dent and Directors, or by its proper agents or servants, to enter
upon and take possesion.of any land whatsoOver which may be
necessary for the completion of the work contemplated by this
act: Pdvided, that no land shall be taken from private individu-
als or corporations and appropriated to the purposes aforesaid,
without compensation to those owning the same, and it shall
and may be lawful for said company, in like manner, to take
Proviso. from any land convenient to said rail road, at all times, such
timber, stone or other materials as may he necessary for the
construction of, and keeping in repair said rail road: Provided,
that nothing belonzinz to individuals shall he taken without ade-
quate compensation, to be determined in the manner hereinafter
provided.
Sec. 13. Be it further enacted, That whenever it shall be-
comne necessary for the said company to take possession of and
appropriate or use any land, timber, stone. or other materials,
owned by private individuals or corporations, for the route or
site of said rail road or wo~ks;?or for constructing or keeping in
repair, the same, or any part thereof, and the parties do not
agree on the value of said land, stone, or materials as may be
so taken and appropriated, it shall and may be lawful for the
President and Directors of said company or their proper
agents, on giving ten days' notice, at least, in writing to the par-
ty owning the same, or to his, her or their agent, that application
will be made to the judge of the superior or county court, for a
Appraisers writ of ad quod damnum, which shall be granted, and directed
'how appaint- .
ed, their du- to the Sheriff, to summon five disinterested persons, house-hol-
ties, &c, ders, of lawful age to meet and value said property on oath ad-
ministered by any justice of the peace, whose duty it shall be
to attend in person said inquest, and receive their report; the
amount thus fixed upon by said valuation, the said officer shall
receive from the said President and Directors or their proper
agent, and pay the same over to the person or persons entitled
Compensation to receive it. and to take an acquittal or refusal of the same.-
On this tender of the sum awarded to the party entitled to re-
ceive it, or to his, or her, < r their, agent or attorney, it shall be
lawful for said company. on their President and Directors or their
agent, to enter upon and take possession ot, and use, any such
Proviso. land, timber, stone and other materials; but all the expenses and
costs incurred tby the writ of ad quod damnuam shall be paid by
the President and Directors of said company: Provided the ap-
praisers shall not be allowed more than three dollars each per
day while engdged in such dutie : Provided, that if any person
or persons shall purch-ise or appropriate any of the public lands
over which the rail road ,naill pa,, matter the same shall have
btten -urveyed or located, th n and in that case the said cormpa-
ny shall not be required to make compensation for any of t e







East Florida Rail Road Company. CHAi. 824. 257

.aid lands, timber, stone, or other materials, whi'h it might be 1S35.
necessary to take from the same for the use of said road.
Sec. 14. Be it further enacted, That all properly so assessed
and paid for by the President and Directors of said company, or
their agents, agreeably to the provisions of this act, and all dona. Property to be
tions made to and for the same, shall forever afterwards belong heldin propor-
to. and become the property ot said company thei" heirs, suc- tion to shares.
cessors, or assigns, .in fee simple, in proportion to tlhY shares
owned respectively.
Sec. 15. Be it further enacted, That any stockholders of said
company may and shall have a right to dispose of and transfer
his, her, or their interest in the same, or any part thtreof, to any Transfers to-
other person or persons, or any corporation, which said trans!'r he entered on
shall not be binding, unless entered on the books of the compa- books of com-
ny Provided, That nothing in this act shail be so construed pany.
as to prevent the members of said company from using the pro-
perty and dividends that may be declared upon said stock to his,
her, or their individual purposes.
Sec. 16. Be it further enacted, That the President.and'Di-
rectors of said company shall have a right to demand and re- Freight for
ceive such prices aiid sums for transporting by their own means transportation
and carriages on said rail road, assengers, produce, goods and
all other articles whatsoever, as may be from time to time au-
thorised by the by-laws of said President and Directors for said
company : Provided. That such prices and sums shall not, at
any time be increased without, at least, thirty days' notice in a
public print or prints in the Territory; and the said company
shall continue to receive such prices and sums for the trans-
portation of passengers, produce, goods, and all other articles
whatsoever, as may be prescribed by the by-laws of said com-
pany so long as the said rail road is kept in operation Pivi.
ded the said company become responsible for any damages which Companyre-
said pissengers,4produce, goods and articles of whatsoever Kind sponsible fo'
may receive in transpqying the same on saia.rail road, sav ig damages.
and excepting such damage or burt as is caused by unavoidale
accident, or which shall be a proper risk of insurance; anWa4I
produce, goods and articles, of whatsoever kind, tmsnsporeed or
conveyed on said rail rpad, shall be liable for asid transporta-
tion, and-nay be detained until the same be paid, and dischar-
ged; and if the same be not paid. and if 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 aftir the
expenses of transportation, storage and auction charges .hall
be paid, the remainder shall be handed to such person per ons,
or corporation, or their agents, who shall be enti!tl&,l .reetive
the same : Provided, that when the tolls upon said r~q shall
have paid the stockholders.the full amount of its cost, together
with ailexpenses, the company shallthen pay4two pec tum
on all profits over ten per centum into the Treasury of iS,3ter*
ritory.







258 hrAP. 854. East Florida Rail Road Company
1835. Sec. 17. Be it further enacted, That the said rail road conm..
pany shall, at all times, have the exclusive right of transporting
Exclusiverght or conveying persons, goods, produce or articles of any des-
gods, & C. cription on said rail road to be by them constructed, while they
may see fit to exercise such exclusive right: Provided, that if
the said company shall think propel, they may rent or farm out
all such exclusive privilege to any person, or persons, or corpo-
ration, f1r such term as may be agreed on, subject to the same
responsibilities, for which the company herein before-mentioned
shall still be held bound for damages to individuals or corpora-
tions which may accrue, by reason of any of the provisions of
this act.
See. 18. Be it further enacted, That if any person shall in-
Penalty for trude upon said rail road, or any part thereof, or upon the rights
Intrusion. or privileges connected thetewith, without the permission, or
contrary to the will of said company, all the vehicles, animals,
or locomotive power, or other articles, which may be so intru-
sively introduced, may be seized by the company, or its agents,
or recovered by suit at law; and moreover the person or persons
so offending, shall be liable to be inaictbd for a misdemeanor,
and upon conviction, fined and imprisoned by sentence of the
Superior court of the district in which the offence may be com-
mitted; and if any person shall artfully or maliciously destroy,
or in any manner hurt, damage, or injure, or obstruct, or shall
artfully or malicious cause and assist, counsel and advise any
other person or persons to destroy, or in any way to hurt, dam-
age, injure, or obstruct said rail road, or any part thereof, or any
edifice, vehicle, right or privilege granted by this act, and con-
structed for use under authority thereof, such person or persons,
so offending, shall be liable to be indicted, and on conviction
thereof, shall be imprisoned not more than six nor less than one
morith, and pay a fine not exceeding five hundred dollars nor
less than twenty-five dollars, at the discretion of the court, be-
fore which such conviction shall be hadiand shall be further lia-
ble to pay all expenses of repairing the tame-The one-half of
all the fines under this act shall be paid to the informer, and the
other half to the use of the Territory.
Sec. 19. Be it further enacted, That the President and Di-
Peporttost'k rectors be required to make a full report to the stockholders of
holders. said company, at their yearly meeting for, the election of direct-
ors, on the state of the corporation, and its concerns. The
President and Directors shall have power also to call a general
meeting of the stockholders whenever the affairs of the company,
in their estimation, shall render it expedient or necessary. The
directors shall have power to fill any vacancies in their body,
which may occur, as before more particularly provided, and it
shall be their duty to fill such vacancies whenever they do occur.
Sbc. 20. Be it further enacted, That the surveys to determine
Limitation of the rotite of said road shall be commenced within twelve months
after the passage of this act, and the work itself within eighteen







Pensaeoa and Perdide R. R. and Canal Company. CnAP. 825. 259
m~onths. There shall be made, one third part of the road, in 1836.
three years, or work equivalent; two-thirds in four years, or work --
equivalent, and the whole work shall be completed in five years,
or this charter shall be forfeited.
Sec. 21. Be it further enacted, That the said company shall Company to
report annually to the Governor and Council after the said road report to' Go.
goes into operation, and the books shall be subject to annual in- and Council;
spectinn by a committee of the Council, if it shall be so required.

Passed Feb. 7th, 1835.
Approved Feb. 14th, 1835.




aSbA. 825. [No. xI.] An Act to incorporate the Pensacola and Per-
dido Rail Road and Canal Company.

Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That William H. Chace, Walter Greg. Corporation.
ory, John A. Cameron, Robert Mit'hell, Jasper Strong and
Hanson Kelly, and such other persons as may be hereafter as-
sociated with them, shall be, and are hereby ordained, constitu-
ted and declared to be a body corporate and politic, in fact and'
in name, by the name of the "Pensacola and Perdido Rail Road Name &styWt
and Canal Company," and by that name they and their succes-
sors, and assigns shall, and may have continued succession,,anid
shall be persons in law, capable of suing and being sued, plead-
ing and being impleaded, answering and being answered unto,
defending and being defended, in all courts and places whatso-
ever; and shall have power to make and use a common seal, Powezt
and the same at pleasure tp alter; and they and their successors,
by thesame name and style, shall be capable of purchasing.
holding and conveying any lands, tenements, slaves, goo gapd
chattels, whatsoever necessary or expedient to thel obje'ldt
this incorporation.
See. 2. Be it further enacted, That tA capital stock of said
company shall be two hundred and fifty thousand dollars,' with Capital stock;
the privilege of increasing it. to five hundred thousand dollars,
and shall be divided into shares of one hundred dollars each,
which shall be deemed personal property, and transferrable :ip Deemed pe>-
such manner as the said corporation shall by their by-laws di- sonalproperty
rect.
Sec. 3. Be it further enacted, That the above-named persons
may open books to receive subscriptions to the capital stock Books to be
said corporation, at such time or time, nd placeor 'pla s opened.
they, or a majority of themn~may thin proper; and as soolnas
the same shall be subgribed,. to give notice for a meeting tf Meeting of th
the stockholders to choose three Directors; and such election stockholders
?







260 iBiuA.'825. Pensacola and Perdido R. R. and Canal Company.
1835. shall be made at the time and place appointed, by such of thi
stockholders as shall attend for that purpose, either in person
or by lawful proxy; each share or the capital stock entitling the
bolder thereof to one vote; and the said above-named persons,
edra rhijofity of them shall be inspectors of the first election ot
Election of Directors of the said corporation, and shll certify under their
directors. hands,t'he names of those persons duly elected, and deliver
ever the subscription books to the said Directors;kand the time
When held. and place of holding the first meeting of Difectors, shall be fix-
ed by the said persons, named in the first section of this act, or
a majority of them; and the Directors chosen at such meeting,
or at the annual elections of said corporation, shall, as soon as
may be, after every election, choose out of their own number a
President; and in case of the death, resignation or removal of
Vacanciesh'w the President, or any Director, such vacancy or vacancies may
filed. be filled, for the remainder of the year, wherein they may hap-
pen, by the said board of Directors, or a majority of them; and
in casepf the absence of the President, the said board of Direc-
tors, or a majority oa them, may appoint a President, pro ten-
Presidentpropore, who shall have such poweo and functions as the by-laws of
tempore. the said corporation shall provide.
Sec. 4 Be it further enas2td, That in case it should happen
that an election of )ireciors shiuid not be made, during the day,
Directors hold whin pursuant to this act lt ou ht to have been made. the said
oface till .sue-f ,% r .
ocesorsareap-l.rporatin shall not iorthat cause be deemed to be dissolved,
posted. but such election may be held at any otherotime; and the Di-
ruptors, for the tine being, shu'l continue to hold their office,
udi new ones shpll h:tve ?ben chosen in their places.
Sec.-5. Be it further enacted, That two Directors of said
corporation shall be competent to transact all business of the
said corporation, and they shall have power to call in the capi-
May require tal Otock of said company, by such instalments, an#rat such
istaWmenes. timis as they may direct, and in ca e of the non-payment of
at.4ipstalments,"qr any one of thepi, to forfeit the share or
ah eslupon which such delault shall shall arise; and to make
a-6-in' scribe'kuch by-laws, rules and regulations, as to them
Make by-law sh al app reedful and proper, touching the management and
anid reguliiton of "the sock, property, estate aud effects of the
aaid corporation; and also shall have power to appoint a secre-
tary, and so many clerks, and servants, as to them shall seem
meet;. and to establish and fix such salaries to them, and also to
the'President, as to the said board shall appear proper.'
SSec. 6. Be it further enacted, That the said company shall
Exclusive rig't ave the exclusive right and privilege to construct a rail, Mc-
ffway. Adamised, or other artificial road, from the waters of the Pen-
saiola Bay to the' Perdido Bay or feir, or the thirty-first degree
oTrgrth latitude, bein the boundary line between the State of
AiaWdma and the Territfry of Florida; or a canal to connect the
waters of Pensacola Bay with the Perdio river, at such points
as the said company may think proper, nd also the exclusive







Pensacola and Perdido R. R. and Canal Company. CHAP. 85. 261

,i'ht and privilege to construct a rail. Mc .dalnised, or other ar- 1835.
tiicial road, between the r;and lagoon entering into the Bay of ---
Pensacola and the Perdido, river. or a canal-The said roads or
canals commencing a:nd ending at such points as the said com.
pany "ay think proper, together with the right and privilege to
own steam boats, and vessels, and piers, and wharves, and docks,
and no charter shall be granted by the Legislature of Florida,
conflicting with the rights and privileges hereby granted.
Sec. 7. B4,it further enacted, That the said company are
empowered to make lateral or branch roads, from the main one May make l-.
to any point, or points, in the Territory of Florida, where it may teralbranches.
be deemed important to extend such facilities: Provided, that
the same shall not interfere with any routes for which charters
have been already granted; but in such event the parties may
compromise and agree upon any mutual grounds of accomme-
dation.
See. 8. Be it further enacted, That the said company, by its
President and Directors, shallhave power to purchase with the Purchase nt
funds of the company, and to place on said rail roads, cr canals, cessarycairri&
all machines, wagons, vehicles, vessels, steam-boats, cars, car- ges, 4e.
riages and teams of any description whatsoever, which they
may deem proper and necessary for the purposes of trans.
portation-All such machines, wagons, vehicles, vessels, steam-
boats, cars, carriages and teams; and all the works constructed
under the authority of this act, and all profits which shall accrue
from the same, shall be vested in the respective shareholders
of the company forever, in proportion to their shares, and the
same shall be exempt from any pu!,lic charge or tax whatever;
and they are hereby authorized, at those points in the line of
their rail roads, or canals, where it may appear to them important
for the accommodation and business of the roads, or canals, to Maybuildware
establish depots and ware-houses, or any other necessary and houses.
convenient houses and buildings, to be used by them for all pur-
poses of the said roads, or canals, or to be disposed of by them
when it may be necessary; and to charge and to receive for the
storage of produce, merchandize and other articles, at such
ware-houses or other buildings, as they may find it necessary to
construct, rates not exceeding the ordinary wart-house duties.
Sec. 9. Be it further enacted, Th% in constrpting the said
rail roads, or canals, it shall be lawful for the said company, by May enter oA
its President and,Directors, or by its proper agents or servants, lands of indr
to enter upon and take possession of any land whatsoever which viduala,
may be necessary for the completion of the work contemplated
by this act: Provided, that ne land shall be taken from private
individuals or corporations ,and appropriated to the purposes
aforesaid, without compensation to those owning the same; and
it shall and may be lawfulfor sait company, in like manner, to
take from any lands conRment to said rail roads, or canals, at
all times, such timber, stone or otht ,materials as majl e ne-
cessary for the construction of, and keeping in repair said rail







262 Cur.. 805. Pensacola and Perdido R. R. and Canal Company,

1835. roads or canals: Provided, that nothing belonging to individuals
shall be taken without adequate compensation, to be determin-
aroviso. ed in the manner hereinafter provided.
Sec. 10. Be it further enacted. That whenever it shall be.
come necessary for the said company to take possession of,
and appropriate or use any land, timber, stone or other materials,
owned by private individuals, or corporations, for the route, or
site of said ail roads, or works, or for constructing and keep-
ing in repair the same, or any part thereof, and the parties do
not agree on the value of such land, stone, or materials as may
be so taken and appropriated, it shall and may be lawful for the
President and Directors of said company, or their proper agents,
on giving ten days' notice, at least, in writing to the party own-
ing the same, or to his, her, or their agent, that application will
Writ of ad be made to the judge of the county court, for a writ of ad quod
quod damnum damnum, whi-h shall be granted, and directed to the sheriff, to
bow issued. summon five disinterested persons, house-holders, of lawful
age, to meet and value said property on oath, administered by
Appraisers- any justice of the peace, whose duty it shall be to attend in
r duties. person said inquest, and receive their report; the amount thus
fixed upon by said valuation, the said officer shall receive trom
thesaid President and Directors, or their proper agent, and pay
the same over to the person or persons entitled to receive it, and
Award to be to take an acquital or refusal of the same. On this tender of
tendered. the sum awarded to the party entitled to receive it, or to his, or
her, or their agent, or attorney, it shall be lawful for said cnm-
pany, or their President and Directors, or their agent, to enter
upon and take possession of, and use any such land, timber,
stone, or other materials; but all the expenses and costs incur-
red by the writ of ad quod damnium shall be paid by the Presi-
dent and Directors of said company: Provided, the appraisers
shall not be allowed more than three dollars each per day while
engaged in such duty: Provided, that if any person or persons
shall purchase or appropriate any of the public lands, ovdr which
the rail roads, or canals, shall pass, after the same shall have
Compensation been surveyed or located, then, and in that case, the said com.
when not al- pany shall not be required to make compensation for any of the
owe said lands, timbbr, stone, or other materials, which it might be
necessary to take from the same for the use of said roads, or
canals.
Property paid Sec. 11. Be it further enacted, That all property so assessed
for t bevebted and paid for by the President and Directors of said company,
incorporation. or their agents, agreeably to the provisions of this act, and all
donations made to, and for the same, shall forever afterwards
belong to, and become the property of said company, their heirs,
successors, or assigns, in fee simple, in proportion to the shares
owned respectively.
Sec. 12. Be it further enacted, That any stockholders of
Stock trwnsfe said company may, and shall have a right to dispose of, and trans-
kable. ter his, her, or their interest in the same, or anyrpart thereof, to







Panaeola and Perdido R. R. and Canal Company. xiA. 825. 263

any other person orpersons, or any corporation, which said trans- 18,5.
'er shall net be binding unless entered on the books of the co- ------
pany; but the stock of said company and all the property -be
longing thereto, or which may, from time to time be acquired by
said company, shall be held jointly, and not separately: Provi- Transfer how
ded, that nothing in this act shall be so construed as to prevent made.
the members of said company from using the property and divi-
dends that may he declared upon said stock, to his, her,or their
individual purposes.
Sec. 13. Be it further enacted, That the President and Di-
Tectors of said company shall have a right to demand and re- JatesoCtmnr
ceive such prices and sums for transporting by their own means portaLion.
and carriages, on said rail roads, or canals, passengers, produce,
goods, and other articles whatsoever, as may be from time to
time authorized by the by-laws of said President and Directors
for said company: Provided. that such prices and sums shall
not, at any time, be increased, without at least thirty days' notice
in a public print or prints in this Territory; and the said com-
pany shall continue to receive such prices andsums for the trans-
portation of passengers, produce, goods, and all other articles oticeofhig
Lrrates to DO
whatsoever, as may be prescribed by the.hy-laws of said coR- given.
pany so long as the said rail roads, or canals are kept in opera-
tion: Provided, the said company become responsible for any
damages which said passengers, produce, goods, and articles, of
whatsoever kind, may receive in transporting the same on said
rail loads, or canals, saving and excepting such damages or hurt
as is caused by unavoidable accident, or which shall be a proper
risk of insurance; and all produce, goods, and articles, of what' Company re*
sponsible for
soever kind,'transported or conveyed on said rail roads, or :"a- damages.
nals, shall be liable for said transportation, and may be detailed
until the same be paid ard discharged; and if the same be not
paid, and such goods, produce, and articles remain in possession Goods liable
of the company for the space of twenty days, they shall be sold for transporta-
at public auction, and alter the expenses of transportation, stor- non.
age, and auction charges shall be paid, the remainder shall be
handed to such person or persons, or corporation, or their agents
wno shall be entitled to receive the same: Provided, that wien
the tolls upon said roads, or canals shall have paid the stockhol-
ders the full amount of its cost, together with all expanses; the
company shall then pay two per centum on all profits ove? ten
per centum into the Treasury of this Territory.
Sec. 14. Be it further enacted, That-the said rail road and
canal company shall, at all times, have the exclusive right of Exclusive rig't
transporting or conveying persons, goods, produce, or articles of transport-
of any description on said railroads or canals, to be by them
constructed, while they may see fit, to exercise such exclusive
right: Povided, that if the aid company shall think propel they
may rent or farm ott all suili exclusive privilege to any person
or persons, or corpolrtiab, for such term as may be agredion,
subject to the samiarsponsibilitias, foi which, the company here- Proviso.







264 CHP. 824. Pensaeota and Perdido R. R. and Canal Company.
1835. inbefore-mentioned shall stll be held bound for damages to in-
--- dividuals or corporations which may accrue, by reason of any
of the provisions of this act.
Sec. 15. Be it further enacted, That if any person shall in-
Intrusion on trude upon said rail roads, or canals, or any parts thereof, or up-
way. on the rights or privileges connected therewith, without the per-
mission, or contrary to the will of said company, all the vehicles,
ariimals, or loco-motive power, or other articles, which may be
so intrusively introduced, may be seized by the company, or its
agents, or recovered by suit at law; and moreover the person,
or persons, so offending, shall be liable to be indicted for a mis-
demeanor, and upon conviction, fined and imprisoned by sen-
Penalty. tence of the Superior court of the district in which the offence
may have been committed; and if any person shall artfully or
maliciously destroy, or in any manner hurt, damage, injure or
obstruct, or'sha'l artfully or maliciously cause and assist, coun-
sel and advise any other person or persons to destroy or in any
way to hurt, damage, injure, or obstruct said roads br canals, or
any parts thereof, or any edifice, vehicle, right, or privileges,
granted by this act, and constructed for use, under authority
thereof, such person or persons, so offending, shall be liable to
be indicted, and on conviction thereof, shall be imprisoned not
more than six, nor less than one month, and pay a fine not ex-
ceeding five hundred dollars, nor less than twenty-five dollars,
at 'he 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 halt of all the fines under this act
shall be paid to the informer and the other half to the use of the
Territory.
Each share en- Sec. 16. Be it further enacted, That.each share purchased
titled to one and held in the stock of this company shall be entitled to one
vote. vote upon all questions submitted at any legally convened meet-
ing of the company, which vote may be exercised either person.
ally or by proxy; and every stockholder, not in arrears, shall be
eligible to be chosen a Director; but no stockholder who shall
Majority to be in arrears, shall vote, or be eligible to office, or receive any
govern, dividend while he shall so continue-A majority of votes shall
determine all questions and elections.
Sec. 17. Be it further enacted, That at the expiration of fif-
Right ofFleri- ty years from the passage of this act, and every ten years there-
dtie surtocse after, the Territory or State of Florida shall have the right of
taking the whole of the stock of the said company as the pro-
perty of the said Territory or State, upon, paying in cash the par
value of the stock of said company.

Passed February 10th, 1835.
Approvedteb. 14th, 1835.







ihAe Southern Life Insurance and Trust Company. CH.A. 826. 265
.HAP. S26. [No. iii.] An Act to Incorporate the Southern Life Iusu- 1835.
rance and 'rust Company.

Sec. 1. Be it enacted by the Governor and the Legislative
Council of the Territory ot Florida, That f om the time this Corporation.
Act shall take effect, Andrew Anderson, Daniel S. Griswold,
John B. LaForge, John M. Hanson, Joseph M. Hernandez,
John Drysdale. Win. H. Simmons. Edwin T. Jencks, J. D.
Hart, James Dell, Joseph B. Lancaster, John W. Richard, D.
L. Clinch, John H. Mclntosh, Joseph M. White, Richard K.
Call, Ben Chaires, Abiahan Bellamy, W. G. Porter, E. J.
Harden, J. C. McClay, WVm. H. Chace, Walter Gregory, H.
Hyer, P. C. Green, F. A. Brown, 0: O'Harra, and R. Fitz-
patrick, their associates and successors be, and they are hereby
constituted and made a body politic and corporate under the
:ame of the Southern Life Insurance and Trust Company," rName C-Style
to be located at the City of St. Augustine ; and by tht name
may sue, and be sued, plead, and be impleaded, answer, and
be answered unto, in all courts having competent jurisdiction;
and may have and use a common seal, and the same, break,
alter, and renew at pleasure; and are vested with all the powers
and privileges necessary to the objects of their incorporation as
hereinafter defined.
Sect. 2. The said company shall have power, 1st, to make
insurance on lives, 2d, to grant and purchase annuities, 3d, to Powar,
make any other contingent contracts, involving the interest of
money and the duration of life, 4th, to receive monies in trust
and to accumulate the same at such rates of interest as may be
obtained, or agreed on, net exceeding at the rate of eight per
cent. per annum, or to allow such interest thereon as may be
agreed on, 5:h, to accept and execute all such trusts of every
description as may be committed to them by any person or
persons whatsoever, or may be transferred to them by order of
any of the courts of this Teritory, or by any court as a court
of chancery, 6th, to receive and hold lands under grants, with
such general or special trusts, or covenants, so far as the same
may be taken in payment of their debts or in security of their
capital or loans, or debts due them, or purchased upon .iales
under any law of this Territory as may be necessary td protect
the rights of the said company, and the same again to sell, con-
vey, and dispose of# 7th, to buy, discount, and sell drafts, promi.
sory notes, and bills of exchange, 8th, to establish and locate
branches for carrying on their business.
Sec. 3. In all cases where any court has jurisdiction for the
appointment of a guardian otfany infant, the annual income of.
whose estate shall exceed he sum of one hundred dollars, such guardian fon
court shall have pdwer to Tppoint the said company as guardian infants.
of the estate of such infants.
Sec. 4. On any turn, not less than one hundred dollars, which
shall be collected or received by the said company in its capa-







266 CHAP. 826. The Southern Life Insurance and Trust Company.
1835 city of guardian or receiver, an interest shall be allowed by tbh
said company of not less than at the rate of four per cent. annu-
Aas such must ally, which interest shall continue until the monies, so received,
pay interest. shall be duly expended or distributed.
Sec. 5. Where the annual income of an infant, of whose es-
Property in tate the said company shall be guardian, shall exceed the sum
trust for itn- allowed, or whicn may be sufficient for the education and sup-
fants at the port of such infant. such surplus income shall be at the sole
rik of Co. risk of said corporation, and for all losses of such monies, the
capital stock, property and effects, of the said corporation shall
be absolutely liable.
Sec. 6. The capital stock of the said corporation shall be two
Capital Stock million of dollars, which shall be -divided into shares rf one
2,000,000. hundred dollars each, and may be increased by the said compa-
ny. from time to time, in like shares, to four millions of dollars;
and if. at any time, when the books shall be opened, a larger
amount of stock to be subscribed tian is proposed for, the high-
MAy be in- er and larger subscribers shall be curtailed; so that all who may
creabsu. apply for stock may be enabled to procure it. The whole of
said two millions of capital shall be loaned and invested in bonds
or notes drawing interest, not exceeding eight per cent. per an-
To be inves:- num, secured by unincumbered real and personal estates, lying
ed in La ds or and being in the Territory of Florida, of double the value, in
Notes. each$abe, of the.Rum o decured, which real and personal es-
tate shall be conveyed to the President of saidwcompany, his suc-
cessors in office, and assigns, with an express trust power, on
default of the payment of the principal and interest, according
Whichmaybe to the tenoi of such bonds or notes, to selltthe said real or per-
sold for defl't. sonal estate, or so much thereof as may be necessary to pay the
sum in arrear and the incidental expenses, and to pay the sur-
plus of the proceeds of such sale, (it any,) on demand, to
whom the same shall belong; but before any liability as is here-
inafter provided, shall be incurred, by this Territory, the valua-
tion tobe made shall be approved, and said approval shall be
esommissior end -sed, by one or more commissioners to be appointed by the
valuation. Governor and Legislative Council, or by the Governor in the
receaspfand the Governor, from time to time, shall have power
to appoint agd displace said commissioner orcemmissioners; and
Their com. for every approval made by them, each one shallbe entitled to re-
pensaion. ceive five dollars, to be paid by the owner or applicant; and eve-
ry one who shall be so appointed, before acting, shall take and
Oath of office. subscribe an oath, before a judge of'Ahe superior court, that he
will faithfully judge and report on the value of said mortgaged
property submitted to him; said vqauedcand mortgaged property,
wheneceived bytthe company, to be recorded in the county of
St. John's, and The registry,thereof hall beheld sufficient, in
law, to bind the property, and thereafter the same shall not be
assignable; but shall remain adtb security for the ultimate pay-
ment and redemption of the principal and interest of the liabil-
iies of this Territory for said company-and the President and







Ahe Southern Lift Insurance and Trust Company. CHaP. 826. 267
---..-. ,-.
bis successors in office, in case of any default, are hereby ena- 1835.
bled and authorized to take, hold, and convey such real or per- ---
sonal estate in pursuance of said trust, and to sell the same at
publicauction; but,in allcases shall give twelve weeks'publieno- N~ale o
tice of such sale, by advertising the same in one or more news-
papers, published at the seat of government, and also in a news-
paper nearest the premises, to be sold at the time and place of
such sale or sales-said advertisement to be published at least
once in each week: Provided that no increase of capital shall,
at any time be ordained by the said company; without the written
consent of the holders of a majority in amount of the stock,
their agents, or representatives.
Sec. 7. All the corporate powers of said company shall be Powers of,
exercised by a board of trustees, and such officers, agencies Comp'ny,how
and branches as they shall establish and locate. The board ofvested.
trustees shall consist of ten persons, all of whom shall be stock-
holders to the number of thirty shares; and three Directors to
be appointed annually by the Governor and Legislative Council,
after the guaranty shall have been required, who may or may
not be stockholders, they shall annually elect a President from
their own body, and shall have power to declare by a by-law
what number of trustees, less than a majority of the whole,
shall be a quorum for transacting business, and the expense of
drawing securities, and other papers, and examining titles &c.
shall be paid by the applicants for loans.
Sec. 8. The trustees shall severally hold their offices during Trustees, how
good behaviour, but the court of appeals shall have power to removable,
remove a trustee, on such notice to be heard, as they shall deem
reasonable on the application of a person interested, for a mis-
demeanor in office. The said board of trustees shall be .divi-
ded into five classes, consisting of two members each, and so
arranged that the term of service of one of each of said class-
es shall expire at the end of every two succeeding years-to be
divided by lot, so that two trustees shall be appointed every two
years.-Every vacancy happening in the board of trustees; by
death, resignation, or otherwise-other than by the expiration
of classes-shall be supplied by the choice of the renriining
trustees; and, in all cases, the votes of two thirds of all the trus-
tees, for the time being, shall be requisite to a choice. No per.
son shall be eligible, *whd'shall notahave beerrnopenly nominated
at a meeting of the Trustees,mat least one month before the day
on which the election is held,- and the name of every person,
so nominated, shall be published for three successive weeks
previous to the day of election in one or more of the newspa-
pers printed in the Territoryg of Florida: Provided that when
vacancies shall happen, by expiration of classes, the same shall
be supplied by elections J be held, by the stockholders of said
corporation; and elections held for the purpose of supplying
such vacancies shall bb held ds near as may be, in pursuance
:f, and accordingleo the provisions of the 10th section of this
8







268 SHAF. 826. The Southe n Life Insurance and Trust Company.
1835. act, except that notice of- the time and place of holding such
-- elections shall be given by the trustees of said corporation in-
Vacaucies, steal of being given by'the commissioners, as is in said section
how filled, provided..
Sec. 9. That Lot Clark, Robert Raymond Reid, and Thom-
mmissrs.as Douglas shall be, and are hereby appointed commissioners,
whose duty it shall be, within nine months after this act shall be
in force, at the time and place, in said Territory fixed by said
comnjssioners for thatpurpose, to open bJoks tor receiving sub.
scriptionsto the capital stock; the books shall be opened at the
hour of ten in the morning on the day fixed by the commission.
Their duties, ers, and shall be kept open from time to time, by adjournment,
until the whole stock shall be subscribed, not exceeding thirty
days; public notice shall be given for at least sixty days, in three
or more newspapers published in the Territory of the time and
place of opening the books for receiving subscriptions to the
capital stock of said corporation' Provided, that if the said stock
shall not be subscribed within thirty days, the said commission-
stoner shall have power to re-open the books at any time or
times thereafter, within three years, under such regulations as
are hereinafter specified.
Sec. 10. So soon as said stock shall be taken, the said com-
missioners shall notify the subscribers to said stock, by publica-
Meetin ofrs tion in one or more newspapers published in the said Territery,
ockholdr. for thirty days, to meet at such time and place, as in such no-
tice they may direct, to elect 'en persons from among the said
subscribers to constitute the first board of trustees under this
charter; and when the said subscribers, or so many thereof as
may have assembled at the time and place fixed for the opening
the polls of the said election, they shall appoint four disinterest-
Election ofed and respectable freeholders of the Territory of Florida,
Trustees. judges of the said election, who shall proceed to discharge the
duties hereby required of them, that is to say, they shall receive
the votes of the said subscribers either by person or proxy, duly
authentticated, in writing, allowing to each subscriber one vote
for each share by him held, and they shall carefully note each
vote in duplicate books prepared for that purpose, and after hav-
ing taken all the votes which may be offered within the time fix-
ed by said notice, the said judges shal(jcount said votes and cer-
tify -the number of votes given to each person, and thereupon
they shall forthwith hand over the said poll books, to the said
commissioners, the one for the company mad the other to be
transmitted to the Secretary of the Treasury; and the ten per-
sons having the highest number of votes shall be the said trus-
tees, and thereupon their powers and authority as said trustees
shall commence.
Sec. 11. That so soon as the said trustees are elected, they
'Their duties. shall organize and notify the Governor of this Territory, that
they are ready to commence business, and thereupon the said
Governor shall appoint some suitable person to examine and a;-






The Southern Life Insurance and Trust &lmpany. OHAP. 82. 29
certain the amount of monies paid upon the first instalment-r 1
of said capital stock, whost duty 'shall be, atthe expenoe-of----
the said company. to make such examination and ascertain by
the oath ol the President, that the said'capital hasbeen bona-
fide paid in by the acid stockholders of the said company,ia
payment of the first installment under the regulations of the
said charter, and for no other purpose whatever, and that it is
intended to be and received as part otaifd capital stock, and
forthwith make due return thereof to the'rGovrnor, who on the-
return being made to him as aforesaid, that the sum of two hun-
dred thousand dollars of the capitahstock of said company, has,
been paid in, in specie or its equivalent, hall cause proclama.
tion to bemade of the same, under the great seal of the Terri-
tory, which shall be published at the expense of said company Business of
in one or more netvspapers published in said Territory, and on Com. when to
the first publication of said proclamation, it shall be lawful for commence.
said company to commence business, and not before.
Sec. 12. Each subscriber Ahall, at the time of subscribing,
pay to th commissioners receiving the same. the sum of tin
dollars on each share by him subscribed, and after tie shares 1nstalment,
shIltF"e, bees subscribed, each stockholder shall paypan instal- ahea paid.
ment of ten dollars on each share so held by him; at the expira-
tion of six mdoths thereafter. at such plac- Br places as the
Trustees shall appoint,, oP which time" a pl a place or places, at
least six .weeks public n'utea shltll 'be given, and within three
years, after thy said stock hall have been subscribed; the whole
amount remaining due, shall'lfe paid in such instalments as- the
Trusteeitnay diretycof which the, same notice siall:be given.
The shares of every 'stockholder, omitting to-make such.pay-
ment, shall be forfeited, together with all previous payments
made thereon, and the books shall be againopeaed as directed
in the 9th Sec., forsubscription, and so from trhie to time, .unti
all shares are subscribed and paid for.
Sec. 13. Ever ,Trustee of said corporationn shall be a k ho may Ie
holder to thp amountofu ir. shares at IfttL and the iftstek.
every T~ (tee,pFeaihtg. t i.t that anbdZh
be immediately hdonsidir & and
Sec. 14. The certificals of a stipiies receivedtia
trust, issued by the saift crpori tl ; assignable on the- Certificates
books of the corporatiotNo se keptat such place or places.aad transferable.
under si li regulatfns a Ti board of Trgstds shall establish.
See. '11 % The Tusteedfl ll have a discretionary' power.of
investing the premiums a sliofts received eiompany, and profit, maybe
the monies received by th'j6m-ib tsit in P(eG kiF Of* nvest d.
United States, or of any individualbState, or in tieistbck dofany
incorporated,Gity, or in such ieal er personal securities; as they.
may deem proper, or loan the same to any C'ounty, City -in6ot-
parated Town, or company.
Sec. 16. The board&f Trustes shall3thibit) annually, ttli report tocourt
court of Appeals of this Territory, on such day, as the said cotrt Appeals.







270 CHaP. 826. The Southern Life Insurance and Trust Company.
1835. shall appoint, a full statement pf their affairs, in such form, and
verified in such manner as the said court shall direct. The said
court of Appeals, should they deem it necessary, may refer such
statement to a commissioner, or master, to be appointed by said
court, with directions to make a full and thorough investigate Jn
into the affairs and management of the company, and to report
his opinion in relation to the ability and integrity, with which its
affairs are managed--he prudence and safety of its investments
-the security afforded to those by whom its engagements are
held, and such other matters as the said court shall direct, touch-
ing the safety of said corporation.
Sec. 17. A copy of every statement made as aforesaid, and of
every report made by a commissioner or master, shall be trans-
tramette to mitted by the said court to the Legislative Council at its annual
L. Council. session; and the Legislative Council shall have power at all times
to appoint a committee from its own body, whose duty it shall be
to examine the condition and state of said body politic and cor-
porate, to inspect the books aid minutes of proceedings of the
boardof Trustees, to ascertain the amount of deposits therein,
an exact list of balances due to and from said bod7 politic and
e corporate, all either affairs of the same, and make a report there-
examitns of on at such times as they may be instructed and directed; and if
the Legislative Council shall be of the opinion that said company
have violated any of the provisions of its charter,, they shall
have power to order a scire facias to be issued by said court of
Appeals, for the purpose of determining whether the charter of
the said company ought not to be vacated for forfeiture.
Sec. 18. For all losses of money which the capital stock shall
Trusteeswhen not be sufficient to satisfy, the trustees shall be responsible in
responiblefor the same manner, and to the same extent that trustees are now
by law responsible, in law or equity.
Sec. 19. The company shall have power to issue bills ot
notes other than drafts or bills of exchange, to the amount
of the capital actually paid in, and shall not exceed the same,
on pain of forfeiture of their charter. Said bills and notes to
be signed by the President and Secretary, or Cashier of said
corporation; and said corporation shall never refuse or suspend
the payment in specie of any of their notes or obligations, or of
any funds received by them in deposit, on lawful demand being
Penalty for made; and if the said corporation shall refuse or suspend pay-
suspension of meant, the bearer of any note or obligation, or any person having
payment, the right to demand or receive the amount of funds deposited
as above mentioned, shall be entitled to recover interest at the
rate of twelve per cent. per annum, until they shall tender pay-
ment thereof, with interest as aforesaid, in specie at sheir coun-
ter and unless payment shall be so made, or a tender thereof,
within ninety days, the charter of the said company shall be con-
sidered forfeited, and they shall cease all operations as a corpo-
ration, except so far as shall be necessary to close their concerce
and fulfil existing contracts,







The Southern Life Insurance and Trust Company. CHAP. 826. 271
Sec. 20. The capital stock of sailcorporation shall be taxed 1835.
at the same ratesas all other person ~ property of The said Ter- .--. .
ritory, and not otherwise; and that no tax shall at ay time or S3k liable to
times, be her Jfoerdevied agai stte said corpporat[ibeyonde tax
the amount of othousandqollars in any one year.
Sec. 21. To enable the said company to make loans and
discounts beyoi4the amount of their capital, to bepaid in by, the
stock holders a aforesaid, theypmay. issues 'ertificatqs of one
thousand dollars each, bearing not nmorthan six per cena, inter-
est, redeemable, within the range ajlij t of the charter, at such
times as the Governor and the.c m yiay agreezon, and pre-
sent the same, to the Governori o cting,Governor of this Ter-
ritory, whose duty 'it shall be to endorse thereon "guaranteed Guaranty of
by the Territory of Florida," and sign his name and title of of- Terriory
fice thereto, and return the same to the said company; and the
faith of th6 said Territory is hereby pledged as security for s-id
company, for the faithful payment of such certificates, according
to the tenor and effect of the same: But no greater amount of
certificates shall be at any time endorsed, than may be equal'to
the debts placed under inortgage to. the company, at the time of
making application, to be secured after the mode, and in confor-
mity to the manner pointed out and directed in the sixth Section
of this Act. Axin case e said company shall make default Default by
in payment of the principal or interest o~Fuch certificates; it Company.
shall be the duty off the codft .af*Appeals of said Territory on
being certified. f the fact, by. the'Governor, to issue an appro-
priate process to any Marshall'of said Territory, dommandilng
him to takb so muchrot the'imoney, choses in action,,or 4rther
effects or property of, the said company, and brig the same into
court forthwith, as willibe sufficient to indemnify the Govern'ment,
from loss by reason of such default, and the court is hepbyv em-
powered Jg, direct the disposal of ,the same: Provided, whpl
this guarantee is %ised for, the Governor and CounciL~hall lhve
power to appoint thiee directors, who may, ao may not, bc1fock
holders. .
Sec. 22. This Act sh ll not iB construed to confer ofi thrtiid Act to be libe-
company any riglft or power to make anj contrzft, or to accept rallyconstrued
or executeany trust whatejernwhietAv rlld not be lawful fort
any individual, when not restrainedry statute, under the gene-
ral rule pd law, which ae or stall be in force, to make, accept
or execute;.,
Sec. 23.!,.The,. id Trustees shall on the first Monday of Dividends
January and July, annuallhinake and declare' pc0~h dividends when declared1
resulting from tlj profits of the, said company ai t' 'may tthwi
proper, but asall not impair nor infany wise lesse tthebcalita
otock; and shall cause the said dividends to be paid on demand
to the stock holdrs thereof, at such place or places as bya by-
law they may appoint.
Sec. 24. The said Trustees may choose annually from their
body a Vice President, who shall perform all the duties of the 'VicePresident







272 CHAP. 87. The Union Rail Road Company.
1835. President in case of his absence or inability to perform saiL-
--- duties. 4
Sec. 25. This law shall remain unalterable, without the con-
Duration of sent of ihe Trustees of the said company, until the expiration
c iartci. of fifty years from its passage, nor shall it at anti4ime hereafter
be so altered as to prevent the execution by'the company, o;
any subsisting contr act.
Sec. 26 This %ct shall be taken and received in all courts,
and by all Judges, Magistrates, and all other public officers, as
a public Act. and shall receive, on all occasions, a favorable
Printed copies construction; and all priit d copies of the same, which shall be
n evidence, printed by, or under the authority of the Legislative Council.
shall be admitted as good evidence thereof, without any other
proof whatever.

Passed, February 12th, 1S35.
Approved, February 14th, 1835.





CHAP. 827. [No. Iv.] An Act to incorporate the Union Rail Road
Company, in the Territory of Florida.

Corporatio. Sec. 1. Be it enacted bythe Governorand LegislativeConncil of
the Territory of Florida, That a company be,and the same is here-
Name & style. by incorporated by the name and style of the Union Rail Road
Company in the Territory of Florida, and that William B. Nut-
all and Jonathan Robinson, and all persons who shall become
subscribers and stockholders in said company, their successors.
and assigns, are hereby constituted a body politic and corporate,
and by their name aforesaid, they and their successors and as-
signsshall be known in law, and have power to sue and be sued,
plead and be impleaded, defend and be defended in all courts of
law and equity; and by their name aforesaid shall be capable of
purchasing or otherwise taking, receiving, possessing and hold-
w. ing, selling, transferring and conveying real and personal pro-
perty or estate, so far as the same may be necessary for execu-
ting the legitimate objects of said incorporation; of granting,
giving, and receiving mortgages of and for the same; borrowing
money; of contracting for, acquiring and using engines, horses,
cars, wagons, vehicles and vessels, for the transportation of per-
sons, goods, wares, merchandise, produce, ar.d all articles and
things whatsoever; of engaging and employing engineers, arti-
iicels and laborers; officers, agents and servants as the said
company may deem necessary or useful; and generally of en-
tering into and executing, and by !aw enforcing the performance
of any and all contracts deemed by said company to be neces-
sary and proper to the full execution and enjoyment of the o)







*Ihe Union Rail Road Company. CHAr. 827. 2T3

ects of their said incorporation. They shall have arid enjoy 1835.
perpetual succession, and may have and use a common seal, and --
.tlter, break and renew the same at pleasure. They shall have
lower to ordain and execute, all such by-laws, rules and regula-
tions, not at variance with the laws of the Territory or of the
United States as may be deemed by said corporation necessary
or expedient for their government, and the same to alter and
amend.
Sec. 2. Be it further enacted, That the said company shall
have and enjoy the priviledge, right and power to survey, locate, Maycoinstri.c
establish and construct a rail .road from any point on the rivers Rail tRo;d
3r bays of Ocklocknee, Apalachicola or Chocktawhatclhe, to
the City of Tallahassee, or from any intermediate point or
place, to any other intermediate point or place, between the
said rivers or bays, with power, if they think fit, to continue
said rail road to theinorthern boundary of Florida, and to in-
tersect, or unite with the Tallahassee rail road, if comple-
:cd, upon such terms and under such regulations as the said
company may be able to contract for; or upon failure to se-
cure this privilege upon terms exceptable, the said company
hall have power to cross the said Tallahassee rail road; and Connect same
the said cempanyshall especially have power to form a junc- withFlo. Pen.
tion with the rail road, if completed, of the Florida Peninsula and Jackson.
and Jacksonville Rail Road Company, at suqh place as may be ville I. Road.
found most convenient, and in the event of the rail road of
that company being completed as aforesaid, the said Union Rail
Road Company shall have power to enter into any contract with
the said Florida Peninsula and Jacksonville Rail Road Com-
pany, whether the end and object thereof be, to combine their
several interests in one common property, or to secure to the
cars and machines of each, the reciprocal right of passage over
the road of the other; and to make any and every kind of ar-
rangement designed to promote their respective interests or the
public utility. And the said Union Rail Road Company shall
have power to construct such branches of their aaid road'as
they may deem necessary, and to construct and use one or more
track, or tracks, or sets of rails. May enter an
Sec. 3. Be it further enacted, That for the purpose of con- lands of indti-
structing the said rail road, the said Uniod Rail Road Company viduals.
may enter upon, take possession of, level, graduate and applo-
priate to their own use, any land or water which may be neces-
sary for the construction, use and permanent security of said
rail road, to an extent not exceeding one hundred feet upon
each side of the road, for the ordinary purposes thereof; and
also the-further quantity of land necessary for depositories ar4
for the erection ot shops, warehouses, wharves, sheds, stables
and other houses and structures for the business and. traffic of
saidrail road, and generally to carry into full effect the object of
said incorporation: Provided, that where said road may pass
through or intersect established tows or villages, not more than Limitatic.







274 CHAP. 827. The Union Rail Road Company.
1835. forty feet shall be taken within a mile of the limits of such towL
or village, Aless a greater extent be granted or given by the in-
habitants, or public authorities thereof. And the said company
may take .and appropriate to the construction of said rail road,
or any tiuidings, structures, or works connected therewith, any
timber, rock. stone, gravel, earth, or other mierials contigu-
ous thereto, or necessary to construct and keep the said rail
road and the buildings and structures thereunto appertaining, in
repair; and may also stop up and divert from their natural chan-
nels, any streams of water in the route of said rail road; but
for the passage of said rail road over rivers, ordinarily naviga-
ble for boatsdrawing two fees water or upwards, they shall erect
bridges of such form and elevation as in no case to obstruct the
compensation free passage of boats or vessels usually employed in the naviga-
privatep- tion thereof; and the said company shall be bound to pay to
the proprietor or proprietors of all lands, property and materials
so taken or acquired as aforesaid, and appropriated to the con-
strucuotn and repair of said rail road or the works or buildings
connected therewith, unless the same be given or granted gra-
tuiousiy, or upon terms mutually agreed upon, an adequate in-
demui;fication to be determined in the following manner, that is
to siy: It shall be the duty of the judge of the county or supe-
Notice tobe rior toult, within whose jurisdiction the said land, property, or
eervli. inateriail may lieupon application made by the said company,
with satiatactory proof that notice has been served upon the
proprietor, or proprietors, or claimants, or published in three of
the most public places in the county where the claim is prefer-
red, at least twenty days before said application, to grant the
wrp~of ad quod damnum directed to the sheriff, marshal or other
Appraisers proper officer, requiring him to summon three disinterested free-
hoappoie holders of the vicinage or county, of lawful age, to meet upon
a day fixed by the said writ, and value the said property or wa-
ter privileges under oath, to be administered by the officer sum-
rnoning them. The said freeholders shall meet accordingly,
Their duties, appraise and value the property so taken as aforesaid, together
with the damages sustained by the owner or owners, The ap-
praisers shall make their report in writing to the officers sum-
maning them, and the sane shall be filed by him in the office of
the clerk of said court within five days after it may be received,
and within thirty days thereafter, the said corporation shall pay
the amount thereby awarded, to the propel person authorised to
receive it, or to the said sheriff, marshal or other proper officer,
with fees and costs; and upon Lfilure so to do, it shall be the
'duty of the said court to issue execution for the full amount
against the said corporation. Either party shall be entitled tco
the right of appeal from the said award as in other cases; and
on the final decision of the question, whether by the appraisers
or the court, and the payment of the money awarded or decreed,.
the said corporation shall be seized of the land involved in said
.award in fee simple forever,








See. 4. Be it further enacted. That the capital stopk of said 18W6
company shall be one million of dollars, dividedilt shares of- '--
one hundred dollars each. But if the railway here ~othorised Cpital Stock,
on the main stem and branches, together exceed eightymniles,
the capital stock may, at the4liscretion, and in the miahner pre-
scribed by theiaid company, be increased fifteen thousand dol-
lars for each and every additional mile located over and above
eighty miles actually completed. That subscriptions to said
capital stock shall be payable in such instalments, at such place
or places, and under the limitations, restrictions, and exemp-
tions hereinafter provided, at such times as the said company, or Eachhare en
its board of Directors shall ordered determine. That each tid toare one
share shall entitle the holder thereof to one vote, either in per- vote.
son or by proxy.
Sec. 5. Be it further enacted, That as soon as it may be prac-
ticable after the passage of this act, the Directors of said corn- Books of su'bo
pany, or any two or more of them, shall cause books to be open- p cn to b.
ed in the city of Tallahessee for the purpose of receiving sub-
scriptions to the capital stock, there to be kept open for the
space of sixty days, and then to be closed. And if the whole
amount of said capital stock be not then subsc-ibed, may cause
said hooks to be re-opened, or other books, for the same purpose,
to he opened at the same or at any other place, or places, in the
Territory of Florida, or elsewhere in the Uni*d States, at their
discretion, a: d closed at their pleasure.
Sec. 6. Be it further enacted, That in case of non-payment Stock how
of any subscription of stock, or of the first instalment, at the forfeited
time required, or within twenty days thereafter, the board of Di-
rectors of said company, shall have power to declare such stock
forfeited to the use ot the company; and in case of non-pay-
ment of a second or any subsequent instalment, so to apply any
amount previously received as to give to the delinquent subscri-
ber or subscribers, or to allow them to retain, at 1hoirfull
amount, the number of shards corresponding to the amount paid,
and to declare forfeited, to the use ot the company, the residue
of stock unpaid tor: Provided, that the said previous payment Provises
or payments shallamount to the sum of one hundred dollars,
in which.case, a de'inqdent subscriber shall be allowed to retain
one share. And any surplus received in such4ayment or pay-
ments, over and above the amount of one share, or any number
of shares, and not amounting to another share, -hall also, in like
manner, be forfeited to the use of the company. And the said
company shall have power to dispose of, sell, transfer, mort-
gage and hypothecate, for their own benefit, the stock so acquire
ed.
See. 7. Be it further enacted, That any and all subscribers, Land may be
being citizens or iriabitants of the Territory of Florida, their pledged fo
heirs or assigns, e- ning any lot or lots, parcel or parcels,.tract pyetf
or tracts of land in said Territory, the title to which is derived
ftom the United States, or held by virtue of a Spanish title, cop-
4


The UCnion Itai2 Road Oompanay.


CHAV. 827. 275







276 C AP. 82.i The Union Rail-road Company.
r. rnth 2atid finaliJ decided. shill have thyiight. privilege
-: -" and *lllvig .rnll-ri notice t6 .the board of Directors,
r sdbsinbing. iff theHintetion to avail themselves
r pe~:'in)ertlage and 4 vey to the said company
p foi \ uch or lots, parcelr parcels ct or tracts ol
airttie priipe ol' eeoru o tle said M pany the oay.
W o. their n-erpral nid re spective subscriptions. And the
id rowni j 'shtll tcetive as uurityifor the~ytient of stock.
V'ah cLnveiyahnce of lunral two thirds of the valued agreed
pppoabiweerie pnilie., or Mn agreement being made, to bl
asti.,ila iaif -p-raj of whort, shall be appointed by
the pr.pramet M pn e land, other by the corpolgtiol: and il
'h, prpl,-al--i d-li'ree' in opinion, hy an umpire, to be chose
by such aitprasser.- And the Directors of sad' company shal
S.. ave power, at the time of receiving subscriptions, and before
.genareenient or appraiseitr nt may be had, to reduce subscriptions;
consideredrd .xhortltarnt, oi~~keatly disproportioned to the proba.
ble value of the land, offered as security, to correspond with
su-h pnonitilf- vI!h-; and for good and sufficient cause, may re.
jcrt any such land.
bed 8. he i1 :unher enacted, That any and all subscribers,
being ciliznris ot inhabstantm of the T'eritory of Florida, their
heirs or assisnL" iinmg owners or claimants of any lot or lots:
parcel or piar or by bhrtue of any grunt or cotession of land in this 'lerrito.
" 'dL ry, made-by Spain'or'ter lawfiiuuthorities, prior to the twenty.
pt. fourth-day of January, one thousand eight hundred and eight.
tea, and n t yet finally decided, whgthei the original grant oi
ceesinnm or other litir uoder which the owner or claimant de.
rives his little or clairn was aBisolute and unconditional, or made
At $l 25 per under conditions; whether the claim or claims be now pending
acre. fwqprl or nt,; whtther the claimant has or has not failed o0
or united duly to present the j:laim or claims for consideration,
any iribrinal for that purpose, organised by law; shall have
the ipghtb, privil-ge and optioiiAlt giving written notice, at the
tiltej siuhsc'rjbing, ot theirintention to avail themselves there.
of, to pledge, mortgageatranster and convey l-te saf compa.
Dy, the saiO ll riots, parcel or parcts, tract or track of land,
ir the purposo:f securing to the sai company the payment of
thtei several ad" respective subscription to the capital stock
thereof. An4luch l.ino shall be received by the said company
It-m rate, pot ,xeetdiii onp Itfllrand twenty tive cents the acre,
le-.. the qgyppa.y agree to rtqejve it at a higher rate. A.nd
in irdercto Tender the said land'scertain and available security
to the said conpan;y, it shali be lawful for the President thereof,
a'id it shall te the duty ot the owner or claimant of the land to
apply by po-etion to tIh judge of the superior court of the dis-
rn i w l hre the lAnd Is situated, or, in the case $ a clairf with
nodesignatwdjp" ascertainei pltce ite' survey or location, to any
Juugte ot the supunror couot of the Territory ot Fiprida; and it








shall be the duq of the-jndge.;upon receiving satif t pyof, ) S
of the convevdYce of said claim th s.ad "omipanl '
the said claim, and if reeme4:just 44nequital(', tt "PIrmih
title in the claimants; and r'h cotirmation shalk lk Iy t n&jli
conclusive, a operate asfrelease'of all hailn.by V tiW o
States theretorProvidedAlpno tract of tid claimed aa pn-
firmed as aforesaid, shall-excFd five miles square. Ajd w'ere
the locations nt'designated in or by the saidelai 4oqf fflat -
ed as aforesaid, and in any andevery'case where a ldim so pfe-
ferred for consideration and confirmedAshall, clict Httb .ip
other claim or claims, thl owner a be lawfufor
the Presideqatof said company .quantit in
and upon aniy 9ter public lands, by the le al'e and.divisions,
but no changed f ,cation shall exempt atuch cliim, ortvy laia'
the location of ahich may be so changed, from the lien herely
created in favor of said companv: Provided, the Congress
the United States approve and saariou this act.
Sec. 9. Be it further enacted,, That where a pledr e, :ort-
gage, and conveyance to tne said comp-'ny. o" laud, to secure
tbe payment of subscriptions to the uid capital stock. shiti
have been made, to the satisfaction o ith 'dboard ot' Direcidra
the said subscriber. to secure the pay"nent of whose sbscrlip'-
tio s. such pledge, mortgage, and conveyance has been -ad4,
shbll be exempted frotn any payment on ti~inteof theii'ibr
scriptibns, and also fromeny f r eture of,stock; for thAei&f
four years from the;time of qfnmencinotfie sbid railroad; TiA, .i allo.-
shall be allowed the reasonable time necessary for prepai-r o compile
completiig-their conveygipes, any thing in this act to, the cob- conveyance
trary notwithstanding.
Se, 10. Be it further enacted, That'. if upon the expire
of four years from ibe time of commen'ir'g said rail ro
subscptipgt ,r .iny.pnrtion thleof-auy inhalmant, Lo pi
menti sectli e, to. b paid bX a pjedgej tgage ho.h sold
ance 6f lant, shial reiaia dii to saidcmpeany an b6. ho
together wit legal ite, out in
froift ii ttimet i hVelaiy W d.o
tdu, tb due a y tU comp at ve the'
and are thereby ai r upoo gyin. Jeet
two pewspaipers publishjin ,the id $ -
thbt .ad'sa pledgedrt goagad an as a6esaja
public auction, to ihe highest bider, for the rice n t-
be obtained,.and if thd'amoun lf sales sha i' tiC
sibscribed or the amount dne o fie company 'l4thfnterest l
cosi of sale, the aid c paboit shall.be bou tlr4 ga 'the'
plus to the owner' f the land, and if there be a dtfic.i'iy, t't
amount eceLygd shall be applied foc ~he.bnefit of the subbq'-
ber, in each ada every such case, to whoAp it belongs, iq'i
nmarmer poi qut in the sixth section.ot this act: Prove,
that nothing in 'this act llgntajedsiO coi
pro'eat thjropripetors or WIeaiiantds of.' ...re dt


Dw-Votwzn Rail. RoadSo~py..


Cffb~tsr W. 277






:Ch ifnion Rail Road Company.


185, *ttittfi i fscriptionsfroin making othewarrangements.
Ol#---- .t ilti other security, sitisfactory to the company, and
S.b inii om said company a "rHese and discharge of the
land 4.ed, trom t6e lien:hereby aed.
Sc.,1i. Be it further enac'te t subsd ptions to the
stock ot said company to be secie' by pledges of land, shall
lerPs bp peeeeed in preference to, and before othlr subscriptions:
ftrred. 'aovi d,'tnat the amount of subscriptions so*o be secured, to
bejyaid shall not exceed fie surt of five hundred thousand dol-
S~si nuitiss alse t to admil.and receive a greater sum or pro-
pbition'be gfqi i~j of the.votes of stockholders.
Sec; 12.' .l]lMi er'e rebd, That the expeti*6 of execu-
ting and redbrdg deeds, mortgages, and conv~ dances of land
penase .st bthe said company, and'also the expense of appraising and
g*Tluing said land, as well as all and any expenses attending the
sale thereof, and anv all other expenses whatever attending, or
growing out of the establiAinent of title in said company, a.:d
the conveyance of said land, shall be borne and paid by the
party giving such security.
Sec. 13. Be it furthbenafted, That the said company shall
Exclusive `hnve and enjoy the exclusive right and privilege of transporting
shto".tra or corseying persons, goods, produce, and all other articles
S whatever. upon tc said rail road, in'its own vehicles, or nray
iUCins trangers o the corpcitlion, to act as carriers on their
owuia.Tount, or open the said roql to'tte public upon such terms
,and under'such restrictions as they may think proper to impose,
and 'tnay, contract to deliver goods, wares, merchandise, and
produce, transported on their road, at any port or place' Vyond
eitlhpr extremity, anA shall have power to ensure the same
Against marine, fire, or other risks, for such. rates of premium,
and under such stipulations, regulations, and restrictions, as the
said company may see fit to establish; and they shalt have the
ih~ to ditirge forth' transportation .of passengers, goods,
wares, merchandise, or produce, therate and sums allowed to
Limitation.the* Vnorida Alabama, and itorgiasRail Road Company, by
thtel'Wt bf' iacorperatiori, aassqlFebruar J4, 1834-appro-
ved Februry 15, 183'4; and whenrtbt ls (n said. rd d shall
have paittib l holders the full armunt of its cost,together
lth all eipebses, the company shall then pay two per centum
on all profits ouWften per centum per annum into the treasury of
t1 Terxitori l
"Sec. 14.-Be ibutther enacted, That the said company shall
Goods liableo avo a lien on goods wares, merchandise, produce, baggage,
for tolls. and other eight, for transportation, 'freight, storage and tolls;
and if not paid, the said company shall have the right to detain,
and after giving twenty days' notice in a newspaper published
in the Territory, to sell the same, or so much hereof as will
satisfy the amount-due, with reasonable costs an= expenses, at
public auction. If, from the nature of the case, there be excess
arising from euch sales, over and above the airount due as


279 Umkp. 89,7.







ni e : -^ .j ,L8| GH, : _. 79
aforesaid, sucb expels sai eil 10-J.
entitled toreceive.it.. Whe lieqtEagg ychan-
disc, proda or othei W b giwen or lIrntlf : 'said
company rier as or foFeigneybyb theim rdvaa'ed
or loaned,# Stalt P"pfeGrenceto m s ty other unOss
the corpbrati ha O it 4.,
Sec. 15.'e it f narter aeni Thtie stock Of sid cc6m-
pany shall transferable Bis4gnable, under sych trles i ., d'
regulations as may be esti t t said corqpany, ho *shali
isiue to subscribers aeir cyert fic'4e of.,t N. tt.ife arer of
stock shal-be, cousiPrted .g mpan : Provi-
ded, hleveF, that any p'll IiH till g to tr:llts er
stock ma .& summarliy enifor 'It S eerisrig "hin-
cery jurisiction in the flii.trict wbhe-e'.tli 'pro:uise is ~:-iad, or
to he performed, unon applicali.n by the vendcel or purcanJ ad
and shall be recognized uy said comar:tn;lr ii :l pir'ni, o? t'a:i-
ing to make a transfer of sto 4pursuan! t to his promlise, sihall
be liable to the party ag ge .ye. 11.dam,.. 's.
Sec. 16. Be it further enacted, That tn, stonk of ;)id ol.- :o'k d.:ma
p9ration shall be deqqute.p~ prty, and ai 'l nt s.o- .
ject to sale or seizure by viste, fani attachment or, Oi)o.-
cess issuing froi a qogrt of common law, nor shaliany of the
cars or vehicles of if' E od be s3t1ject t% such pIocess;
and in all cases*where a dij enjoined v this ict the jlg,
in equity of the distltct, Po or county where thelirt~b terra
of such duty is required all,have power tlu tlke cokaisiIa,,
of the case, and compel the performAce of' the dutyp~tpon tae
application.of the party ag eved, and in, atiy atej every .*w Ns or Feq
where money is due by said. ampany? up[vn executive r' ad --- p.ira:,,n "how
cree in chancery, said Rjdge shall apporit a special ,tc'iver or recoveraole.
receivers toa ask, denmfud and receive the lolis, micones,,f.evtr
nues of said company, sufficient to pay anld satisfy tl d earite, or
may ordeOi theamarsballi~r sheriff, to perforbutil4t, 4'
Sec. 17. Be itifurther enacted, Thar the stock ardiprppert).' Stock to be
of said either by th sislatur..-tondt.,gr a rn% t~tc puhtjes, at .
towns, or ci i iuh their rail road a sill pass, or
in which it may I he engineers ,n Sltnen wiiire min-
ployed in the busing, of..aid corporti(fh ll be exemnfro:m n
militia, road and jury duty. RailRoAdm
See. 18. Be.it further enacted, That iverth rail crot highw'y
road may cross, or intersdelestablis.-d r.S4 olhig iwy., suit.
able and proper fixtures for (he pas. Lo ot wagns k:nilwalier
carriages, shbtg be established and kept in ricpair by 41e said
corporation; and ror eact.farm, plantation. otZ t'act of latil,,pri-
vateor individual property, at the titm of the location of sad
road, saidct rporation shall provide and mn~ntain at least one
set of flres for wagons and other carriagA, for crossing said
road wherever necessary.







280 CHAP. 8. 8 The Unift Rail Road Conpauy
C, ''----^7A
S1-5; .. Sec. A -'I ^^ ful~Witb-tedh-That any person .or persons
-- --- .whr shall wil y, or ralicionsly injure, .destrov, or impair the
.}ii f.' roid dr roads ot the said 'orporatiof any part thereof, or any
Jinjui s.an other property whatsoovrerto the said tion-belnne', or
in hny wise-appertainiii.Auch person i persons, .4i or their
aiders and abettors, shajl e. b, uect td Hiftment f r, and held
to be guilty of a rnisdgimeano4;.nd on conviction thereof, shall
be punished by fine, not exceediH' 1000,.or impri~inmient, not
exe'Oding one year, or both, rtt th jijscretion of tn jury before
whom tle'trial is and shaHinoreover be. liable to a civil ac-
tion for dam.tge 81 ay and all such-*Fpnders shall also be
!ial)le to the punt pb inalties inflr-ted by lay for the
like imju y commit i onlrivate persons or private property;
and all fines recovered by or under this act shall belong to the
,Terrjtoiy.
Smc. 20. Be it further enacted, That the concerns and business
Election of of th, said company shall be managed by thirteen Directors,
DirecLo3s. who shall he elected by the stocvholddrs, from among their own
n' nmb' r, immediately after'the sum of tvo hundird thousand
dollars shall have oeen sulsgibedt that an election in like n an-
ner ,nd for the same purpose shall be holdon annually theleaf-
tcr on the first Monday in January in each and every year.-
Thi' t immediately after any sunh election the Directors shall
proceed to eirvft a President fronah-'ir own body; that sixty
days' noticbof the tim- and place, of holding all elections shall
be: given by order of the board of Dirctors for the time being,
in two newspapers, pabhlhohed in the Territory of Florida; tnat
inl r elections of said company a majority of votes shall.con-
siuite a choice; that the :nard of Dire-tors, for the tithe being
shail hold their otlices until th,'r suc-cesois shal' be appointed;
th:l it, tromn any cause, o election, shall tak" place as herein
provided, the siid company .hall not, o:i thut account, be deemed
to b! dissolved; that the board of Dirgctors shall iave power to
fill a.iy vacancy that may occur in their body Aetween the peri-
oc(, oi' election; that the board of Directors shall be required,
.a: it shall their duty, to make a full report f the affairs of
:.(; m'pny at 'hi, anntral meeting; fhat any tieort thI Direc.
t;.:: ,: 1 have po v to, call and order a rjbeting ot Directors,
v.'i'li". :l, ,i to tir opinion, the interest of the company require
.t: tl .t !, N Tlt;dtall, Wm1. Wilson, Nillis Alston, Samuel
I:. u t. Tl*h's.lw wn, Frfederi'k Towle, Turbutt it. Betion,
'- *. M', ;,.-:o t), J oi, : ton ;'.or ., a d V in. L Hakims shAll be the
f. i,: ,.: r. o' s:i. o )-in: y and hold their offices until in
ec". ', ,:! i,. 1 r:i )v v ii. .-to< k|'oiders: that immediately af-
t .. ., t, r a t ith ho ,d tof Directors, hPrein nam-
O.:- ,, :Mn'! ;nI,,' m--, a i I',- -JPIent Irrn, th:'ir ovin body, of
V'.7 1, .I', n W 4c s ,Ven l:all be !n,','s..;lvy to con.mltiitte a
c'h :;. I) i.r-:, t.:s may afte wards form a quo-
i, 107 .,..juutlua of bul b la S.







The St. .ndrew's and Chipola ta Company. CniA 2tS. 281
Sec. 21. Be it further enuctedtoh,;$b r, order 1rhe board 1845.
of Directors shall be valid, in opposition to the Javowed wiH or -
in juuctions of a majority of the stockholders, and the owni:r or 1J 'L rL.
owners of one thousd shares ot the stock of said compalvy to hoer
may, at any time, giving sixty ays* notice thereof, in two
new.-papers published i the Territoiy of 'Florida, call a general
meeting of0 the stockholders to decide2ipon any question invol-
vina the rights or interests of said company; and the stocktol-
drz-, ,o convened may, if they think tit. elect a new board of
Directors, or order th same to be done: Provided a majority of
of the whole stock orsaid corporation shtalW' represented at
said convention. And ii a new boad o~ actors be elected ,.';,
as aforesaid, they shall take the pl#6b of agd supercede those i,e,
in otiice, any thing in this act to ihe contrary notwithstanding.
I'liat all contracts, in behalf of said corporation, and all policies,-
bounds, or notes shall be signed by the President or' said com-
pany and counte.rigned by th*eeretary of the board.
Sec. 22. Be it further enactfd, That the said compabiy shllt
commence their said rail road within two, and complete the sane n
within five years from the tUi.mw tais act shall become a law, cLartei"
otherwise the corporation hereby created, shall thenceforth cease
ana determine. Provided, that if any two of the navigable
streams herein before mentioned or referred to, shall wihiim that
time, be connected by a rail road to be by them constructed, the
corporation hereby create shall remain in lull force; and said
company shall be allowed reasonable time for uniting other
points within the limits prescribed; and no charter shall be grant-
ed by the Legislative Council conflicting with or impairing the
rights and' privileges hereby granted.
Sec. 23. Be it further enacted, That this actushall receive a aowconstra
liberal construction in courts of law and equity, and all or any
printed copies theleot published by authority, shall be received
in evidence.

Passed, Feb. 13th, 1835.
Approved, Feb. 14th, 1835.




OBnA. 828. [No. v.] An Act to revive an act toincorporate the St.
Andrew's and Chipola Canal Company.

Be it enacted by the Governor and Legislative dO"1Taoif
the Territory of Florida, That the Actentitled, ."1n Act to J
corporate a company to be called'ite St. Andrew's andoChij*'i.
Canal company" passed. February 3d, I 2, and&plYrove
February 10th, 1832, is he(tby.revived, and sbaUlcoptie







282 CiAr. 829. The Lake Wimico and St. Joseph'i Canal Comp uy.
i835. lore fore the space of three years from and after the passage of
hi-act.
P1Ie vyars al-
bwved. Passed, Feb. 10th 18365.
A proved, Feb. l4tdi835.




CHAP. 829. [No. [No. An Actto incorporate't company to be called
the Lake Jf o andSt. Joseph's Canal Company.

Be it enacted by the Governor and Legislative Council of
the'T"irrtary of Florida,,'That Robert Beveridge, Edward J.
Jcorporation. Hardin, J. C. Maclay, Jame4 D. Bullhch, E. J. Wood, Dnvid
'IN tbster, Wmn. G. Porter, Th as Pcnneiy, R. C. Adams, Win.
-J. Prie, Cyrus Dykman,.J. G. Floyd. H Hawley, 0. C. Ray-
mrnd, James Black, Thofias Bertram. John Jenkins, Oren
Marsh, James Y. Smith, !g&gg .'S Hawkins, John D. Roland
and James Evans are hereby created a company to be cal.
led th: Lake Wimico r d St. Joseph's Canal Company,"
and : iA said company is hereby made a corporation, by the
tuimol and style aforesaid, and by that name snall be capable in
a'w to puIthase, receive, enjoy and etaia to themselves, and
their snccessors, lands, tenements, 6ods, chattels and effects
pf'ey#ry kind soever, so tar authe;same may be necessary fo
carrying on the contemplated work, and the same to grant, sell,
mortgage and dispose of, to sue and be sued, plead and be iin-
pleded, to imalke a common seal, and at pleasure to break Or al-
ter the same; to ordain, establish, and put in execution such by-
laws and regulations as maybe deemed necessary and expedi-
ent for the government of said corporation, not being contrary
to ihe law-s and constitution of the Unitnd States, or of thelaws
of -this kerritorv.
Sec. 2. Be it further enacted, That the capk* stock of said
Capital Stock company shall be two hAdred and fifty tho 'j dollars, with
600,000. the privilege of ir easing the same, tu fie hundred thousand
dollars to be divided into'shares of one hundred dollars each;
thit subscription books shall be opened, at such places and
times, and under tbe superintendence of such persons as the
aforesmid company, or a majority of them shall direct, and that
the said installments shall be paid in as the said company shall
deen% expedient.
Sec. $." Be it further enacted, That for the management of
.Virectors how the'business ot said company, five Directors shall be chosen by
hosen. the stockholders; the first t-lection to be held at Apalachicola,
as 'soon as the capital stock has been subscribed for, under the
superintendence of such personsas the said stockholders may
direct, and one of said'Directors to be selected for President







The Lake Wimico and St. Josewh's Oanal Bompany. Carr. 829. 293

vY them: Provided that twenty days' notice shall be given of 1S35.
the time of holding said election, through the medium of the
public prints at Apalachicola and Tallahassee. and that every
election for Directors, ensuing said first election shall be held
on the first Monday in Jtuary in each and every year. The
number of votes to which stockholders shall be entitled shall be
in the following proportion: For one share, and not more than
two, one vote for each share; for every two shares above two,
and not exceeding ten, one vote; for every three shares above
ten, and not exceeding thirty, one vote; for every six shares
above thirty, and not exceeding sixty, one vote; for every eight
shares abovo sixty, and not exceeding one hundred, one vote;
for every ten shares above one hundred, one vote; and upon
this principle shall all votes be made in relation to business
which may come before the stockholders-any stockholder may
authorise an agent to vote, in all elections by the compaay-u.
plurality of votes shall constitute a choice, and the persons
so elected shall bold their offices until their successors are ap-
pointed.
Sec. 4. Be it further enacted, That the President and Direc-
tors shall have power to appoint suchofficers under them as may
be necessary, and to dismiss the same at pleasure, to prescribe
their duties, and to require security for the faithful performance
thereof.
Sec. 5. Be it further enacted, That the said company shall
have the right to construct a canal for the transportation of Can':.
goods, produce, and all articles whatsoever, from any point at
the head of navigation of Lake Wimico to such point of the
Bay of St. Joseph's as may be most suitable and convenient for
a harbor; and may, for this purpose have, exercise, ana use free
and uninterrupted, but not exclusive control over any waters
connecting the said Lake Wimico with the said Bay of St. Jo-
seph's, and also of the waters, creeks, and rivers, discharging
themselves into either the said Lake Wimico or Bay of St. Jo-
seph's.
Sec. 6. Be it further enacted, That in accomplishing the ob-
ject for which aid company is incorporated, it shall be lawful
for the said collay, by the President and Directors thereof,
or their properly authorise agent, to enter upon and take pos- May enteron
session of any lands whatsoever, whether covered with water or private lands
not, which may be necessary to the prosecution and completion
of the works contemplated in this act, or whreupon it may be
necessary to open any canal, or construct any dam, embank-
mnnt, lock or other fixtures, intended or implied by this act: proviso.
Provided, that no lands, owned by private individuals, shall be
taken for said purpose without adequate compensation.
Sec. 7. Be it further enacted, That it shall be lawful for the
President and Directors of said company, or their properly au-
thorised agent, to take from any land most convenient to their
works, at all times, such timber, stone, earth, and other mate-
5







984 Car. 829. The Lake Wimico and St. Joseph's Canal Company,
1835. rials as may be necessary for the construction of, and keeping
--- in repair said works and improvements: Proulded, that nothing
belonging to private individuals shall be taken without ade-
quate compensation.
Sec. 8. Be it further enacted, That whenever it shall become
Compensation necessary for said company to take possession of and use any
-o individuals. land, timber, stone, or other materials, owned by private individ-
uals, for the route and site of said works, or for the construc-
tion and keeping in repair the same, or any part thereof, and
the parties do not agree upon the value of the same, it shall and
may be lawful for the President and Directors of said company)
or their properly authorised agent, to apply to the judge of the
county court of the county in which said lands, timber, stone,
or other materials lie, for a writ of ad quod damnum, directed
to the marshall, sheriff, or other officer of said county, proper-
ly qualified, to summon five disinterested persons of lawful age
and house-keepers, to meet and value the said property on oath,
to be administered to them by the judge. marshall, sheriff, or
other officer summoning the same, whose duty it shall be to at-
tend said inquest in person and receive their report, and also re-
ceive from the President and Directors of said company, or their
agent, the sum or sums of money adjudged by said report, and
to pay over the same to the person or persons authorized to re-
ceive it, and to take an acquitat for the same; and until payment
is made to the marshall, sheriff, or other officer aforesaid, of the
sum awarded, it shall not be lawful for the said company to take
possession of, or use such land, timber, stone, or other materi-
als, and all the expenses incurred in the execution of the writ
of ad quod damnum, shall be paid by said company, but the ap.
praisers shall not receive more than three dollars each per day,
while engaged in such duty.
Sec. 9. De it further enacted, That all property so assessed
and paid for by the President and Directors of said company,
or their agent, agreeable to the provisions of this act, and all
purchases made by, and donations made to them, shall forever
after belong to, and become the property of Ite said company,
their successors and assigns, in fee simple.
Sec. 10. Be it further enacted, That the President and Di-
rectors of said company shall be authorised to agree upon such
Bates of toll. rates of toll, for the use of sich navigation, as they may deem
reasonable; and so soon as said canal shall have become suitable
for navigation, the said company shall be entitled to demand and
receive tolls upon all produce, goods, merchandise, and other
articles; and upon all vessel, boats or other craft, which may
be transported upon, or pass down or up the said canal of said
company, may from time to time as circumstances may require,
change and alter said rates of toll and fees: Provided, that no
alteration that may increase the rates of toll, shall have effect
until three months previous notice thereof shall have been giv-
en by advertisement in the public newspapers, at Apalachicola







-Tke Lake Wimico and St. Joseph's Canal Company. CHAP. 829. 285.
and Tallahassee for three months successively; and said corn- 1835.
pany shall continue to receive and collect such tolls and fees as --
they may from time to time establish, so long as said navigation
shall be kept in sufficient order for the transportation in boats as
aforesaid; and all produce, goods, merchandise, boats and other
articles or things which may be transported or conveyed upon
said canal, shall be liable for the tolls and fees for which they
are respectively chargeable.
Sec. 11. Be it further enacted, That in case of the refusal
or neglect to pay the toll, at the time of offering to pass through Golds liable.
maid canal, and previous to passing through the same, the col- for tol.
lector of tolls may lawfully refuse passage; and if boat or ves-
sel should pass without paying the toll, then the collector and
other officer, may pursue and seize sueh boat or vessel where-
ever found, at any time within two days, and sell the same at
public auction for ready money, so much of which as is neces-
sary, shall be applied towards paying said toll, and all expenses
of seizure and sale, and the ballancc, if any, shall be paid to
the owner; and the captain, owner, or master of any vessel,
boat or flat, passing or attempting to pass through said canal,
and likewise the boat, vessel, or flat itsslf, shall severally be lia-
ble to to the payment of any penalty, and likewise to all dama-
ges which may accrue in consequence of the violation of any
of theprovisions of this act, or of the rules and regulations of
the President and Directors, duly made and published, regula-
ting the said canal, the navigation thereof, or the collection of
tolls thereon.
Sec. 12. Be it further enacted, That it shall not be lawful U, S.property
for said company to ask, demand, sue for and receive any sum exempt.
or sums of money for toll, upon any property of the United
States, or make any charge whatever against persons in the ser-
vice of the same upon public business, but the said canal shall
be and forever remain a public highway for the use of the go.
vernment of the United Ststes.
Sec. 13. Be it further enacted, That if any person shall wil- Penalty for in-
fully do, or cause to be done any injury to said canal; or any ofjuring canal.
the works appendant or attached thereto, or shall in any wise
impede or obstoct the navigation of the same, such person, so
offending, shall'be liable to be indicted, and on conviction there-
of, to be punished by fine and imprisonment, and in all such
prosecutions, any officer or stockholder shall be deemed a com-
petent witness.
Sec. 14. Be it further enacted, That this charter shall be for- Limitation of
feited unless the work contemplated be bone fide commenced charter.
within two years, and completed in five years.

Passed, February 11th, 1835.
Approved; February 14th, 1835.







286 CHAP. 830. The Eseambia Mamnfacturing Oompamy
1835. CHAP. 830. [No. vii.] An Act to incorporate the Escambia Manu-
facturing Company.

See. 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That Joseph Forsyth, A:
P. Simpson, Ezekiel E. Simpson, Geo. Willis, Henry Ahrens,
incorporation, and such other persons as may become associated with them,
shall be, and are hereby ordained, constituted, and declared to
be a body corporate and politic, in fact and in name, by the
Iams 4-style. name of t" The Escambia Manufacturing Company ;" and by
that name, they and their successors and assigns, shall and may
have continued succession, and shall be persons in law capable
of suing and being sued, pleading and being impleaded, an-
swering and bping answered unto, defending and being defend-
ed, in all courts and places whatsoever; and shall have power
to make and use a common seal, and the same at pleasure to
alter; and they an I their successors, by the same name and
style, shall be capable of purchasing, holding, and conveying
any lands, tenements, slaves, goods, and chattles, or property
whatsoever, absolutely necessary or expedient to the objects of
this incorporation.
Capitalstocl Sec. 2. Be it further enacted. That the Capital Stock of said
3so,ooo. Company shall be thirty thousand dollars, and may be increased
to sixty thousand dollars, and shall be divided into shares of five
Deemed per- hundred dollars each, which shall be deemed personal property,
sonalproperty and transferable in such manner as the said corporation shall
by their by-laws direct.
Sec. 3. Be it further enacted, That the above named persons
wcr iptios may open books to receive subscriptions to the capital stock of
said corporati,,n, at such timr or times, and place or places, as
they, or a majority of them, may think proper; and as soon as
the the same shall be subscribed, to give notice for a meeting of
the stockholders to choose three directors; and such election
shall be made at the time and place appointed by such of the
Notice tost'k- stockholders as shall attend for that purpose, either in person
holders. or by lawful proxy, each share of the capital stock entitling the
holder thereof to one vote; and the said abovy, named persons
or a majority of them, shall be inspectors of the first election of
directors of said corporation, and shall certify under their hands
the names of those persons duly elected, and deliver over the
subscription books to the said directors; and the time and place
of holding the first meeting of directors shall be fixed by the
said persons named in the first section of this act, or a majority
Election of of- of them; and the directors chosen at such meeting, or at the
fliers. annual elections of said corporation, shall as soon as may be,
after every election, choose outof their own number, a President;
and in case ,f the dtlcnh, resignation, or removal of the Presi-
dent, or any director, such vacancy or vacancies, may be filled
for the remainder of the year, wherein they may happen, by
the said board of directors, or a majority of them; and in case







The Subscribers to the ULion Bank of Flivida. GP. 831. 8 297

of the absence of the President, the said board of directors, or S135.
a majority of them, may appoint a President pro tein, who shall -----
have such powers and functions as the by-laws ot th; said cor-
poration may provide.
Sec. 4. Be It further enacted, That in case it should happen
that an election of directors should not be made on the day,
when pursuant to this act it ought to be made, the said corpora- Directors to
tion shall not, for that cause, be dissolved, but such election aci urtiloit:crs
may be held at auy other time, and the directors for the time are chosen.
being shall continue to hold their office until new ones shall have
been chosen in their places.
Sec. 5. Be it further enacted, and it is hereby declared, That
the objects and purposes of this incorporation, and to which their Objects of In-
powers are to be restricted as aforesaid, are the mnanu acture of coq)olatOo.
Cotton, Wool, and other materials, into thread, yarn, or cloth, or
other manufactures of like character, and ihe building and
erection of works and machinery necessary to carry on the
operations of such manufactory.
Sec. 6. Be it further enacted, That the directors of the said Accunts how
company shall settle the books and accounts of said corpora- often to be se-
tion at least once a year, and submit a detailed statement of the tied.
transactions and affairs thereof to the stockholders at their an-
nual meeting, and- declare such dividend ot the actual profits
thereof,'as the condition of the said company may justilf; and
the stockholders shall have power to make such by-laws for the
government of the said company, as they may deem proper,
not inconsistent with this charter or the laws of the Territory
of Florida.
Sec. 7: Be it further enacted, That each share of the capital Each share en
stock of said company shall be entitled to one vote on all ques- titled to oj.
tions to be decided by the stockholders and all elections. vote.
Sec. 8. Be it further enacted, That this act shall remain in
force for the term of fifty years from and after its passage.

Passed February 1lth, 1835.
Approved February 14th, 1835.




CHAP. 831. [No. viii.] An Act to amend An Act, entitled An Act, to
incorporate the Subscribers to the Union Bank of Florida.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory ot Florida, that so much of the 16th sec. Part of the
of the above recited Act as directs that notice of the time and 16t and 32d
place of holding the annual election of directors of said Bank, sect. repcaltet
shall'te advertised in all the newspapers printed in Florida; and
so much~p the 32d section of the same Act as requires "that







.288 CmAP. 832. The Florida, Peninsula 4- Jacksonville R. R. Contmpajv
1835. the board of directors of said Union Bank, shall within six
-- months after going into operation, establish agencies ro
branches of said institution in St. Augustine, Pensacola, and
1Marianna," shall be, and the same is hereby repealed. Provi-
ded however, that if at any time hereafter the capital stock of
said Band shall be enlarged as by the charter is allowed, it shall
be the duty of the said Bank to cause books of subscription to
be opened af the places named in E. Florida for opening books,
contained in the original charter, and if stock shall be sub-
scribed, it shall thereafter be obligatory to establish a branch in
East Florida according to the requirements of the said charter.
Sec. 2. Be it further enacted, That so much of the said 32d
section of the above recited Act as requires that the agents or
gene how branches authorised to be established by the said Bank, "shall be
.managed by a President and six directors, and that they shall
be stockholders," be, and the same is hereby repealed.
Sec. 3. Be it further enacted, That upon any shares in the
Dividend in capital stock of said Bank, which shall be paid up in money, the
what absede board of directors may declare dividends not exceeding eight
arable. be
per centum per annum, and the board of directors shall have
power and authority to cause books for the transfer of shares
thus paid, to be opened in the city of New York, or elsewhere,
under the superintendence of such agent or agents, and sub-
ject to such rules and regulations as they may prescribq.
Sec. 4. Be it further enacted, That the stockholders in gene.
A quorum h'w ral meeting shall have power and authority to designate what
constituted. number of the directors appointed by the Legislative Council, and
elected by the stockholders, not less than five, shall besuficient
toconstitute a board for the transaction of the business of the
said Bank.
Sec. 5.'Be it further enacted, That all parts of the above
recited Act, inconsistent with the provisions of this Act, be, and
the same are hereby repealed.

Passed February 14th, 1835.
Approved February 14th, 1835.





CHAP. 832. [No. ix.] An Act, to amend An Act, entitled An Act, tp
incorporate the Florida Peninsula and Jacksonville Rail Road
Company, Approved February 15th, 1835.

Sec. 1. Be it enacted by the Governor and Legislative Coun,
Capital stock cil of the Territory of Florida, That the capital stock of said
l4,o00,0oo. company shall not amount to more than one million of dollars,
Books to be to be divided into shares of one hundred dollars each;-that
opened, books of subscription shall be again opened for receiviiMg sub.







I'he Florida, Peninsula S Jacksonvlile R. R. Company. Cu lr. S32. 2S9

scriptions to the said capital stock, under the superintendence of 1S35.
commissionerss hereinafter named, any two ot more ot whor ---
shall be competent to perform the duties at each of the places
following, to wit:-at St. Augustine, uider the superintendence At Si.Au:ru -
of John Gray jr. Antonio Alvarez, R. B. Gibbs, Sami. Blair, tilc.
:and W. H. Simmons, or any two or more of them; at Jackson- Jac'sonv ic.
ville, under the superintendence of I. D. Hart, James Dell, W.
J. Wells, Stephen Eddy, and J. B. Lancaster, or any two or
more of them; at Monticello, under the superintendence of D. Monticrlto..
Williams, James B. Mays, Joseph McCants, A. Bellamy, and
Win. Blackburn, or any two or more of them; at Tallahassee, Taltahassee.
under the superintendence of' Romeo Lewis, Charles Austin,
R. J. HIackley, Win. Wilson, and T. R. Betton, or any two or
more of them.
Sec. 2. Be it further enacted, That it shall be lawful to open
books of subscription at such of the aforenamed places at any
time within four months from the passage of this act, and said To' be kept
books shall be kept open until the first day of August next, ope unutI tile-
when if there be four hundred thousand dollars of the capital it Aug
stock of said company subscribed, it shall be l wful far said sub-
scribers to organize a board of directors by an election to be held Directors,
at Jacksonville for, that purpose, thirty days previous notice of when chosen.
said election being first advertised in the papers printed at
Jacksonville and Tallahassee, by order of the commissioners
acting at Jacksonville under the authority of this act.
See: 3. Be it further enacted, That the board of directors for Number and
the management of the concerns of this company shall be thir- power of Di-
teen in number, who shall have power to fill all vacancies oc- rectors.
curring by death, resignation, or otherwise, in their body, by
election, from among the stockholders, or the members of the
board of directors for the time being, a majority of all the direc-
tors in office, being required to concur in such election: Provi-
ded, however, and it is expressly enacted, that the term of office
of any director so chosen shall determine at the time when, by
any general election of the stockholders, another shall be chosen
in his place.
Sec. 4. Be it further enacted, That a general election for Election ofDi-
directors shall be held at Jacksonville by the stockholders on rectors.
the first Monday in March in each and every year, after the
organization of the first board, under this charter, and no pre-
vious notice shall be required of the time or place of holding
said election ; immediately after the first election of directors
under this charter, or as soon thereafter as practicable, they shall
meet and choose one of their body President, and no election
for President shall be valid unless a board of seven-or more
members be present at such election, and that a majority of all
who may be present agree in the election of the officers ; and
provided also, that after any general election by the stockhol-
ders a President shall be elected in the manner in this section
provided for.







290 Ca1i. 832. The Florida, Peninsula 4, Jacksonville li. R. Company.
1S35. Sec. 5. Be it further enacted, That on the first day ofAugust
.------- next it shall be the duty of each board of commissioners hereby
Commni-;sin- appointed to transmit, by mail, to the board of commissioners
er t. makat dJacksonville, a transcript of the subscriptions contained on
1p their respective subscription books, with the name of the sub.
scriber and the amount of his or her subscription.
Comm'rs. at Sec. 6. Be it further enacted, If it shall appear to the com-
.Tace.isovilc, missioner" at Jacksonville, after the receipt of the books, or
their duLics. transcript therefrom of the various boards-of commissioners
herein appointed, that the sum of four hundred thousand dol-
lars has been subscribed, they shall immediately give thirty
days notice in a newspaper published at Jacksonville and one
at Tallahassee, that an election will be held by the stockholders
at Jacksonville, for the purpose of electing thirteen directors,
for the management and direction of the concerns and business
of the said company, and such election shall be held according-
ly, and the persons so elected shall hold their offices until their
successors be elected and duly qualified.
Sec. 7. Be it further enacted, That if it shall appear at the
Books to be time appointed in the 5th section of this act, thatless than the
ened ouorm- sum of tour hundred thousand dollars shall have been ubscribed,
?sus. said commissioners at Jacksonville may cause books for the
purpose of receiving subscription. for the rgidue, or any part
thereof of said capital stock, to be opened at any place orplaces
in the United States at their discretion, and closed at their plea-
sure; provided that at any time ihen it shall be ascertained that
the said sum of four hundred thousand dollars shall have been
subscribed herein before provided for, it shall be lawful forth-
with to order the first elect on of directors herein required, and
thenceforh all the powers of said company, or of any of the
boards Of commissioners herein conferred shall be vested in
the, directors so chosen.
Fxistirg sub- Sec* 8. Be it further enacted, That the subscribers for stock
scriberstohave heretofore subscribed shall have a prior right to appropriate so
preference. much of said stock as they or any of them have heretofore sub-
scribed, and to subscribe anew that amount.
Sec. 9. Be it further enacted, That whenever a board of di-
wIstalments, rectors shall be organized under the provisions of this charter.
required. said board shall a right at such time as they shall appoint, not
less than thirty days, to require a payment from the stockhol-
ders after the rate of one dollar on each share subscribed, and
the residue shall be paid in such instalments and at such times
as the directors shAll require, Provided no call shall be made
at any time upon less than thirty days notice, published in a
newspaper in East Florida and one in Middle. Florida, nor
shall any one call exceed five dollars on the share.
Forfeiture of Sec. 10. Be it further enacted, That a failure to pay any in-
Stock. stalment, legally called by the directors of said company, shall!
work a forfeiture in favor of the company of the share, or
shares, on which such failure shall or does take place.







Town of Jacksonville-The Pond Creek and Black- CHAF. 833-4. 291
Water River Canal Company.---
1835.
Sec. 11. Be it further enacted, That so much and no more -
the act to which this is an amendment,as is miconsistant i;t:paung
vlth the provisions hereof, be, and the same is hereby repealed. clause.

Passed February 13th, 1835.
Approved February 14th, 1835.





'HAP. 833. [No. x.] An Act to amend an act to in corporate the
town of Jacksonville.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the pas-
sage of this act, the boundary line of the incorporation ot the Incorporation.
town of Jacksonville, shall be extended agreeably to the fol-
lowing lines, beginning at the mouth of McCoy's creek, on St. Limits.
John's river, running thence up said creek to a point on said
cieek opposite to John W. Richard's sugar house; thence, from
said creek by a line running due north so as to include said su-
gar house to the main road leading to St. Mary's rivet; thence,
by a straight line, to Hogan's creek, at the point where Sweet-
water branch empties into said creek; thence, with the mean-
ders of said creek, down the same to the mouth; thence, by a
line due south, to the south bank of the river St. John's; thence,
up the oank of said river, to Hendrick's Point; thence, across
the river, to the point of beginning.
Sec. 2. Be it further enacted, That all free male inhabitants Riht of su
over the age of twenty-one years, residing within the limits of frage.
said corporation three months, immediately previous to any e-
lection, shall be entitled to vote for Mayor and Aldermen.

Passed, February 10th, 1835.
Approved, February 14th, 1835,





CHAP. 834. [No.'xx.] An Act to incorporate the Pond creek and
Black-water River Canal Company.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That Joseph Forsyth, Ezekiel Incorporation.
E. Simpson, and Timothy Twitchell, and their associates, who
may become subscribers as hereinafter mentioned, and their as-
signs and successors shall be and are hereby constituted a body
6







292 ,..CHa. 84. The Pond Cri Black-ater Canaf Caoippay.
1835. ,corporate, by the name of The Ponk creek and Black-water
'.--- "'e ompan)," and as suri shall be c able i lti p
CP ,enoP ;F. hoi plonpety, rei J.
of a"ll kiei s sever nee v In c array, iqto effect cthe Wdjts 6f
shrd eorpration as hereby declared, ind (he same to grant, .ell,
,mortgage, and dispose of. and to sue and besue'd, plea and be
:inp)ended, in ill courts, by their said'corporate name as other
corporations in this Territory, and to make a common seal and
niltr the same at pleasure, and to.onrdin and establish all bv-
Ian-, rul.s, and regulations, not inconsistent herewith or the
other statutes of this Territory, or the constitution of the Uni-
ted States and acts of (ongiress.
*,. See. 2. Be it further enacted, That the capital stock of said
e'&it? Stn company shall be ten thousand dollars, in shares of one hun-
jnfased to hundred dollars Pach, with the privilege of increasing the same,
SDo 0o0 if'nefessary. to thirty thousand dollars; nnd subscriptions for
said stock shall be opened at the city of Pensacola, on the third
Monday ini March next, under the superintendence of said Jo-
seph Forsyth, Ezekiel E. Simpson and Timothy Twitchell.or
any two of them as commissioners, and be kept open for ten
days; and each subscriber shall pay twenty tive cents per share
E ofb- at the time of subscriling, and if an exe Afsubscription is
i o ub- n. de the samnesliall be sealed, reduced j )rata among tll
Sr te iht a~uiscribers, by said mpnmmisaoner,. .oplhe expiratibwof
said tninrys. and said :coTisiaifers shall hbae ihe. same pri-
viledge of subscribing as other persons.
Sec. 3. Be it further,enacted, That'on the first Monday in
.r o April next, the subscribers who have paid. said twenty-five cents
66 _1w ~on e6iih re, shall cboose from themselves Ave Directors who
shall lel a Presidr'nt and Treasurer for saqcorporation and
such boher officers as may e nc;p asury; and the corporation
shall hb then considered as filly organized;~and the said com-
mis.iioners shall forthwith pay over the subscriptions to the-Trea-
surer-.f sa'd corporation:,
, ...ee.n- 'Sec:. it: 'fgl lurh'-r noreted, That'in all elections and 'dro
titedto 1 vote all questions d,,ided by the ,to;kholders each share shall be
entitled to one vote; and the stockholders shall ordain and les-
tablish as einpo,'ered in thefirst section hereof, all rules, regu-
tions and by-laws, foi the government of said corporationo'and
the Directors and other officers thereof, and to fix the rate of
tolls; and the Directors may-make further by-laws, riot incon-
sistent herewith, for their own government; and said Directors
shall serve one year or until others are elected in their stead, ac-
cordig .- such by-laws and regulations as the stockholders
may ordain as aforesaid.
Sec. 5. Be it further enacted, That the objects and purposes
ofin- of this incorporation are the excavation and making of a canal
Efpe 'ion. -to connect the waters of Pond creek with those of Black-wa-
ter river, in the county of Escambia, so that the same may be
made navigable; cf such dimensions and depth; and with such









2ates, locks, and other works; and from and to such poin-ts, on 1835.
jaid creek and said river, as said corporation shall deem expe-------
dient,--and said corporation is hereby given power and author-
,tV to enter upon and take, and use any land, over, or on w iich it
may be necessary to make said canal, or withinn fifty feet there-
oA, and make excavations, fell trees, and take and use any earth,
,tone or other materials there, being necessary to construct said
canal or the works appurtenant thereto; said corporation ma-
kina comrnensation to the owners of such private land, to be as-
:crtained by a jury of twelve men, upon a writ of ad quad .i: i
num, to he issued by the judge of Escambia county, directed to
:he sheriff of said county, ot. the application of the party uijur-
sd, upon a trial, in such manner as said judge may direct.
Sec. 6. Be it further enacted, That the said Directors shall Insatalmc!.:
iiave power to call in instalments ot said subscriptions not ex-
ceeding ten dollars during any sixty days, on givimi public no-
tice thereof, and on failure of any subscriber to pay the same, to
institute suit therefore, in the name of the company, and recover
the same by action of debt in any court having competent ju-
risdiction; and no transfer of shares shall be made unless the
transfer shall be approved of by the Directors, and the transfe-
ree shall give a promise, in writing, to pay all future instalments
on which a like action may be brought.
Sec. 7. Be it further enacted, That this act shall continue in
force twenty-five years and until repealed.

Passed, February 13th, 1835.
Approved, February 14th, 1835.





CHAP. 835. [No. xii.] An Act to amend the several Acts incorporating
the Town of Apalachicola.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That so much of the act incor-
porating the town of Apalachicola, as gives to the said Town Right to re-
Council the power of regulating Auctioneers and Auctions, be, gurlate Auc
pioneers an.
and the same is heieby lepealled ; and all appointments of nuled.
Auctionneers made by the said Town Council, are hereby de-
clared to be null and void, and hereafter it shall not be lawful
for any person to exercise the duties of Auctioneer within the
corporation limits of the said town of Apalachicola except such
persons as have been regularly appointed by the Governor and
Legislative Council.
Soc. 2. Be it further enacted, That so much of the "Act to
to amend the several Acts incorporating ihe town of Apalacha-
cola, and for other purposes," passed February 15th 1833, and


Towun of lppalachicola.


CHAP. S35. 293







294 CHAP. 836. The Bank of Jacksonvilie.
1835. approved February 16tb, 1833, as divests the Intendant of the
-- town of Apalachicola of the powers of a Justice of the Peace,
Intendan to be, and the sa is hereby repealled, and that hereafter the said
Justie of -th Intendand shall have the power, and exercise all the duties of a
Peace. Justice of the Peace within the corporation lihmts of the said
town of Apaluchicola, and shall be entitled to charge and re-
ceive the same fees as are allowed to Justices of the Peace
in this Territory.

Passed February 9th 1835.
Approved February 14th, 1835.





CIH&P. 836. ]No. xiii.] An I et to incorporate the Bank of Jacksonville-

Sec. 1. Be it enacted by the Governor and Legislative Coun-
Incorporation. cil of the Territory of Florida, That a bank shall be establish-
ed at Jacksonville, by the name and style of the Batk of Jack-
sonville; the capital stock thereof not to 'wceed seventy-fivf
thousand dollars, divided into shares of one hundred dollars
each.
Booksof sub- Sec. 2. Be it further enacted, That books, for receiving sub-
scription to be
open ed.o scriptions of stock in said bank, on giving thirty days' previous
public notice thereof, shal! be opened on or before the 10th
day of May next. in the town of Jacksonville, under the super-
intendence of Win. J. Millz, Milo K. Pinckston, William Ri-
der, Stephen Eddy and Isaiah D. Hart, and said books shall;
be kept open until the whole amount of said stock shall be sub-
scribed.
Twenty-five Sec 3. Be it further enacted, That before issuing any bills
percentrequi- or before the bank goes into operation, twenty-five per cent.
red. shall be paid in, on the amount of each share, in specie, United
States' bills, or the bills of' specie paying banks.
Sec. 4. Be it further enacted, That after the whole amount of
stock shall have been subscribed for, and twenty-five per cen-
Notice of fur- tum paid in, on the same, the said commissioners shall give no-
therinstalm'nt rice thereof, in all the newspapers printed in the Eastern Dis-
trict of Florida, for the space of thirty days, calling upon the
stockholders for a further instalment of twenty-five per cen-
tum, to be paid in gold or silver, and upon receipt thereof, they
shall make affidavit before the judge of the county court of Du-
val coii,;y, that the sum of thirty-seven thousand five hundred
doflar.i has been paid in; which affidavit shall be published in a
newspaper ii the- town of Jacksonville, and it shall be the duty
of the commissioners aforesaid, at the expense of the subscri-
bers, to exc change that part of the subscription made in the bii!l
of specie paying banks, into gold or silver.







The Bank of Jacksonville. CHAP. 836. 295

Sec. 5. Be it further enacted, That upon the receipt of the 1-.5.
:iftv ner c turn as atoresaid, and its conversion into gold or
silver, it shall ihe the duty of the said commissioners to give
twenty days' notice to the stockholders to meet for the choice of Election ofdi-
tve Directors; and the said Directors, then and there chosen, rectors.
shall be capable of serving one year from the date of said elec-
tion, or until their successors are appointed; and the Directors
thus elected, shall at their first meeting, choose fiom their body To choose a
a President, whereupon they shall commence the operations of President.
the said bank; and the annual election for Directors shall take
Ilace on the first Monday in January in each and every year:
Provided, nevertheless, that should it at any time happen, that
an election for Directors should not be made upon any day, when
pursuant to this act it ought to have been made, the corporation
shall not for that cause be deemed to be dissolved, but said el-
ection may take place at any time thereafter.
See. 6. Be it further enacted, That the stockholders tothesaid
bank, their successors and assigns, shall be, and they are here- Bank of Jack-
by created a body politic and corporate, by the name and style sovnile.
of the Bank of Jacksonville; and shall so continue until the
first day of January, one thousand eight hundred and sixty, and Limitatian qf
by the name and style aforesaid, shall be, and are hereby made Charter.
capable in law, to have, purchase, receive, and enjoy, and re-
tain to themselves and successors, lands, rents, tenements, he-
reditaments, goods chattels, and effects, so far as may be ne-
cessary to the use of said bank, and so far as may be received
and purchased by said bank in satisfaction or security of any
debt due the same; and the same to grant, demise, alienate or Powers and
dispose of, to sue and be sued, plead and be impleaded, answer Privileges.
and be answered, defend and be defended, in courts of record, or
in any other place whatever; and also to make, use, and have a
common seal, and the same to break, alter and renew at their
pleasure, and also, to ordain, establish, and put in execution,
such by laws, ordinances, and regulations, as shall seem neces-
sary and convenient for the government of said corporation,
not being contrary to the laws of this Territory and of the Uni-
ted States.
Sec. 7. Be it further enacted, That the Directors of the bank Directors to
for the time being, shall have power to appoint a cashier and appointCash'r
such other officers as may be deemed necessary to the use of
said corporation, and toallow said cashier and other officers such
compensation as may be reasonable.
Sec. 8. Be it further enacted, That each share may be repre. Votes may be
sented by a vote, and any stockholder may appoint another his given byproxy
or her proxy, under his, or her hand and seal, who shall have
and exercise all the rights and powers which said stockholder
could have had and enjoyed.
Sec. 9. Be it further enacted, That the stockholders shall be Stockholders
bound both in their corporate a:id individual capacity for the ul- how liable.
timate redemption of all the issues and debts of the bank.








C----"----,
1S35. Sec. 10. Be it further enacted, That the said bank shall bc
---- allowed to demand and receive int~gst on all paper discounted,
Rate of inter- and all monies loaned, at the rate of eight per centum per an-
est allowed.
es aowe. um and no more, under a penalty of a forfeiture of the char-
ter.
Sec. 11. Be itfurther enacted,'That when any other bank,
company, or corporation shall apply at this bank and demand
Notes of other specie payment of the hills, or notes which said bank company
tanksin offset or corporation may hold on this bank, the said notes or bills
may be paid off in notes.or bills which,this bank may hold upon
such bank, company, or corporation; and the cashier of this
bank may demand an oath in writing, of the person presenting
said bills or notes for payment, that such bills or notes. so pre-
sente:l for payment are not the property of any banking compa.
ny or corporation.
Sec. 12 Be it further enacted, That the President and Di-
Limitation of rectors shall not at any time be authorised to issue a greater a-
issue. mount than three times the amount of specie actually in the vault
of said bank.
Sec. 13. Be it further enacted, Th it upon application for that
purpose, from persons holding two thirds of the stock in said
Further instal bank, the Directors for the time being, on giving three months'
ments,how re- notice, may require a further instalment on said stock, of twen-
quired. ty five per centum; but this demand shall not be made, unless
by consent of all the stockholders, more than once in twelve
months; and that if any person or persons fail to pay for stock
by them subscribed, when said instalment Is required, the Presi-
dent and Directors may pass an order forfeiting all payments
that may have been made by said stockholders.
Billsredeama- Sec. 14. Be it further enacted, That the bills of the bank
ble at Banik. shall be redeemable at the banking house, during office hours,
on demand, in gold or silver.
Sec. 15. Be it further enacted, That said bank stock, shall
Taxes. pay the same -ate of tax as is now,*or may hereafter be impos-
ed, on the stock or profits of other banks in this Territory.
Sec. 16 Be it further enacted, That the cashier shall be re-
BondofCsh'r. quired to give bond and security in the sum of seven thousand
dollars, for the faithful performance of his duty.
Sec. 17. Be it further enacted, That this act shall be in force
from and after its passage.
Sec. 1S Be it further enacted, That on failure to redeem its
bi'ls in specie, during the office hours of the bank, on .demand
Penalty for therefore, the charter shall be forfeited and the Governor may
aon payment appoint three receivers who shall be authorised to take the effect,
of said bank, and as soon as practicable thereafter, to wind up
its affairs; and in such event, it shull be the duty of said receiv-
ers to apply the assets of said bai;k in a rateable proportion be-
Annual state- tween the whole ot its creditors.
ment to be Sec. 19. Be it further enacted, That the President and Cash.
made. ier of said bank, shall make an annual statement to the Govern:


T~he Bankc of Jarcksonville.


296 CHAP. 886.







The Wascissa and NVavigation Company. CHAP. 857. 297

)r of this Territoiy, on the first day of the session of the Le- 1S35.
etslative Council in every year, stating the precise situation of -
the bank; the amount of specie actually in the vault on that day;
and also a full account of all other notes, bills of exchange, and
all other securities whatever due to, or owing by said bank, and
the said President and Cashier shall, at the time, state positive-
ly, on oath, that the statements so made are just and true, and
bhat the amount so stated to be in the vaults of said bank, is
.ot in stock notes, and the statement, so made and sworn to,
before any justice of the peace of the county, shall be forward-
ed to the Governor of the Territory to be by him laid before the
Legislative Council within the first week of its succeeding ses-
jion.
Passed, February 10th, 1835.
Approved, February 14th, 1835:





OHAP. xiv. [No. 837.] An Act to revive and amend an act, entitled
an act to incorporate a company, entitled the Wascissa and Aus-
cilla Navigation Company.

Be it enacted by the Governor and Legislative Council of
!he Territory of Florida, That an act, entitled, an act to in-
corporate a company entitled, the Wascissa and Auscilla Na-
vigation Company, passed, February 3d, 1831, is hereby re- Act revived.
vived except such parts thereof as by the present act are alter-
ed and amended.
Sec. 2. Be it further enacted, That the names of Daniel
Bird and Achille Marat be. substituted in the first section for
those of Samuel Prioleau and Abraham J. Cabell, since deceas-
ed.
Sec. 3. Be it further enacted; That the fourth section of the 4th Section
said act shall henceforward read as follows: that the said cor- amended.
pany shall have the right to clear and make the said Wascissa
and Auscilla rivers navigable for boats drawing not less than
eighteen inches of water, from the head of the Wascisse to the
Gulf of Mexico, the rest of the section without alteration.
Sec 4. Be it further enacted, That the eleventh section of 11thSection
said act is hereby repealed. repealed.
Sec. 5. Be it further enacted, That this charter of incorpo-
ration shall be forfeited, if after three years from the date of the Limitation:
passage of this bill, the said company has not begun the im-
provement of said rivers, or if after such time it has abandoned
such improvements after beginning them.

Passed, 4th February, 1835.
Approved, 9th February, 1835.







298 CHAP. 838. JMethodist E. Church in St. lugustine.

18 5. CHAP. 838. [No. xv.] An Act to incorporate the Methodist Episcopal
--- Church in St. Augusti.e.

Sec. 1. Be it enacted by the Governor ai;d Legislative Coun-
cil of the Territory of Florida, That Joshua Joyner, Chancy
coo Willard, James L. Belin, George Petty, Nicholas Morgan,
rporaon. ichael Slown, H. H. Holimarn, Win. Bearden, and William
Mills, and their successors in office, shall be, and they are
hereby declared to be a body corporate, by the name and style
of "the Trustees of the Methodist .Episcopal Church in the
City of St. Augustine," called "Bethel Church," and that the
said Joshua Joyner, C. Willard, J. S. Belin, Gen Petty, N.
Morgan, Michael Slown, H. H. Holiman, IAm. Bearden, and
SWm. Alills, and their successors in office, shall be invested with
-ivileges. all manner of property both real and personal, and shall have
full power to sell, and dispose of, and transfer the same, with
all moneys due, or to urow due. donations, gifts. hereditaments,
p-evileges and immunities whatever, which may belong to the
said Church; and all monies that have been or may hereafter
be given, granted, or conveyed, or transferred, for rebuilding the
said church, or for building a new church in the city of St.
Augustine, to havy and to hold the same for the proper use and
behoof of the said church: and the said trustees and their suc-
cessors in office shall be, and they are hereby declared to be
capable of suing and being sued, of using all necessary legal
steps for recovering and defending any property whatever which
the said church may hold, claim, or demand, and is hereinsecured
or otherwise: and also with power to make all necessary regu-
lations and rules, and to receive in their own name or otherwise
as well the sa.d money as other property, with all rents, issues ,
and profits ot the same, or of any lands, moneys, or other estate
belonging thereto, or any part thereof.
Sec. 2. Be it further enacted, That in case of vacancy by
fines ow death, removal, or resignation, it shall be the duty of the remain-
ing trustees to elect a suitable person, or persons, to fill said
vacancy, who shall be and are hereby declared to be vested with
all necessary powers to carry the purposes intended by this
act, fully ino effect.
Sec. 3. Be it further enacted, That if at any time, the pro-
May hold perty owned by the said church shall exceed the sum of forty
49,000. thousand dollars, such excess shall accrue to, and become the
property of, and be invested in this Territory.

Passed January 12th, 1S35.
Approved January 13th, 1835.









'AIr. 639. [No. xvi.] An Act to incornnorate the St. Augustine 53i5.
Wharf Company.

Be it enacted by the Governor and Legislative Council of
,he Territory of Florida, That the Paid company be, and the
.ame is hereby made a body corporate, by the name and style of Incorporation.
the "St. Augustine Wharf Company," and by that name, all
vho now are, or hereafter shall become subscribers and imetm-
oers of said company and their successors and assigns shall be
capable in law to purchase, receive, enjoy and retain to them,
and their successors, lands and tenements, goods, chattels, and Powers and
tl~fects, of what kind soever, and the same to grant, sell, mort- preileges.
g:ge and dispose of, to sue, and be sued, defend and be defend-
ed; to make and use a common seal, and at pleasure to break
or alter the same, to ordain, establish, and put in execution such
by-laws, rules and regulations as may be deemed necessary and
expedient tor the government of said body corporate: Provided
they be not contrary to the constitution and laws of the United
States, or the laws of the Territury.
Sec. 2. Be it further enacted. That the capital stock of said Capital Stock,
company shall consist of three hundred shares of ten dollars
each: Provided, that the said company shall have power, by
vote of two thirds of all its members to increase the number of
shares to five hundred, and the capital stock to five thousand
dollars.
Sec. 3. Be it further enacted, That to manage the affairs of Election of
said company a board of Directors shall be appointed by the Directors.
stockholderss at an election to be held on the first Monday of
December, in each and every year, between the hours of 10
O'clock, A. M. and 2 P. M. at such place, and under the super-
intendence of such persons as the Directors of said company,
for the time being, may appoint.
Sec. 4. Be it further enacted, That no person shall be eligi- Directors to
ble to the office of Director in said company, who is not a per- reside at St.
manent resident of the city of St. Augustene, and a stockhol- Augusutine.
der to the amount of five shares.
Sec. 5. Be it further enacted, That in voting for Directors, Eachshareen-
each stockholder shall be entitled to one vote for each and ev- titled to one
cry share, which he, she, or they may own, and sha!l have the vote.
right of voting by proxy, the said proxy being a stockholder.
Sec. 6. Be it further enacted, That each and every Director Oath of office,
of said company shall, before entering upon the duties of his
office, take and subscribe the following oath or affirmation, (to
wit:) "I A B co solemnly swear (or affirm, as the case may be,)
that I will, to the best of my ability, perform the duties of a Di-
rector of the St. Augustine Wharf Company, so long as I may
continue in office as such Director," which oath, shall be ad-
ministered by one of the Directors of the preceding board of
Directors (who is hereby authoiised to administer the same,
-,hether he be re-elected or not) or by a justice of the peace,


--34utrimituslne f~harf C~omp~any.


CHAP. 839. 299







30t CHAP. 839. St. Jugustiue Wharf Company.

1835. and as soon as qualified, the newly elected board of Directorr
--- shall enter uoon the discharge oi the duties of their office, and
shall within a convenient time proceed to appoint a President
and Treasurer of said company from their own body.
Sec. 7. Be it further enacted, That until tie next election of
Directors pro said company, Thomas Douglas, Andrew Anderson, Peter B.
toln. Dumas, Venancio Sanchez and James Hanson, shall be. and
they are hereby constituted a board of Directors to manage the
affairs of said company, of which the said Thomas Douglas
shall be President, and the said Peter B. Dumas, Treasurer.
Sec. 8. Be it further enacted, That the said board of Direc-
tors and their successors in office shall have full power and au-
thority to make by-laws, rules and orders, f.r the appropriation
and disposition of the tnnds of said company, which now are
Treasurer. or may heieafter be in the hands it t!he Treasurer of said con-
pany; to fix the comnensation of s;iid Treasurcr, who shall be
the only person ini tte boord of Directors to whom r-ompensa-
tion shall be now or herealtor alioved for services performed as
Director, and who in 'c,'isideratio:i of such compensation as
TogiveBond. may be allowed to him, shall give bond with goud and suffi-
cient securn-iav, to be approved by thle board of Directors in the
sum of two thousand dollars, conditioned for the faitlhful dis-
charge of his duties as such Treasurer, and shall moreover the
as Secretary of said board of Directors and of said company.
Sec. 9. 13 it fulter enacted, That the said board of Direc-
Powers of Di-
pctors. tors and their successors as aforesaid shall also bave the power
to fix the rates of wharfage, appoint, and dismiss their agent or
agents and all such other persons as the interest of the compa-
ny may require in their service; to fix their salaries or con.pen-
sation, to declare dividends amongst the stockholders, and to
manage generally the affairs of the company, and shall hold
their offices until their successors shall be elected and qualified;
but ary wharf, erected and established, or to be erected and es-
tablished within the limits of the city of St. Augustine shall be
subject to the ordinances and by-laws of the corporation of said
city, and especially shall be so subject as to the rates of wharf-
age, charged, or to be charged for the use of any of such wharf.
Sec. 10. Be it further enacted, That all vacancies which may
Vacancies, occur in said bsard of Directors by death, resignation, removal,
iiov filled, or otherwise, shall be filled by a general election of the stock-
holders, of which, it shall be the duty of said board of Direc-
tors to give, at least, ten days' notice, signed by their President
or Treasurer, specifying the time and pace at which such elec-
tion is to be held, and to appoint suitable persons to superintend
the same.
Accounts to Sec. 11. Be it further enacted, That no money shall be drawn
oe Audited by from tne treasury of said company unless the account for the
T*rectors, payment of whicl the same shall be drawn, shall have been ap-
proved and audited by the Directors or a majority of them.
Sec. 12. Be it further enacted, That no Directors of saii-









company shall be entitled to vote upon any contract in which he 1835.
may be concerned or engaged with the company, or uoon any
,oIestion which mn.y arise in relation thereto, or be an inspector
of any work in u which he mayhave been concerned or interest.
ed as aforesaid.
Sac. 13. Be it further enacted, That the said board of Direc- Instalments
tors may, at any time, call for the sum of one dollar and not how required
more upon each land and every share of capital stock of said
company by giving, at least, ten days' previous notice thereof,
signed by their Presidentsr Treasurer, and if tke said sumshnal
not be prid at the time appointed, in such notice, the stockhol-
der, failing .to pay the same, shall forfeit each and every share
on which the same shall not be paid at the expiration of the
said ten days' and all the money heretofore paid on each of said
shares shall become the property of, and inure to the use of the
residue of the stockholders. Act tobe libe.
Sec. 14. Be it further enacted. That this act shall be liberal rally construed
ly constructed for ihe benefit of said company and for the pur-
pose of carrying into effect the objects thereof.

Passed, January 26th, 18:5.
Approved, January 29th, 1835.





4iHAP. 840. [No. xvii.] An Act, to repeal An Act, entitled An Act to
incorporate the City of Key West.
Act. of 1832
Sec. 1. Be it enacted by the Governor and Legislative Coun- repealed.
cil of the Territoty of Florida, That the Act to incorporate the
city of Key West, passed 23d day of January, 1832, be, and
the same is hereby repealed.
Sec. 2. Be it further enacted, That all the money which has
been collected by the Mayor and Aldermen before the passage
of this act, in any manner whatsoever, or which may be collect-
ed by them after the passage of this act, for taxes levied by Fund mnhanda
them, or for debts due for property sold m said incorporation by to be paid over
them, shall be paid over by the said Mayor and Aldermen, or to Justices (f
their officers, to the Justices of the Peace in said City, to be the Peace.
by them appropriated for the improvements of said City, in any
manner which they the said Justices may deem most proper for
that object; and the said Justices shall demand from the Mayor
and Aldermen of said City, and their officers, all the books,
accounts. and vouchers, showing the amount of taxes collected
by them, and of all money received by them; and upon refusal
being made by any of them, the person so refusing to comply
with this law, shall be fined for every refusal the sum of fifty
dollars to be recovered forthwith before any justice of the peace


City of Key West.


CnAP. 840. 301







302 CHAP. 841-2. City of St. Jugustne-Town of .onticello.

1S35. in the County, who shall immediately give judgement on np-
plication therefore. and all fines collected as aforesaid shall be
applied to the purposes of improving the said city.
Sec. 3. Be it further enacted, That no taxes other than Ter-
ritorial or County taxes shall be collected within the limits of
said city, after the passage of this act.

Pasted January 24th, 1S35.
Approved January 29th, 1835,




CHAP. 841. [No. xviii.] An Act conferring additional powers on thi
Corporation of the City uf St. Augustine.

Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That the Council of the City of St.
Power to pro- Augrustine, composed of the Mayor and Aldermen of said city,
tect Groves.
fri, e. con- shall have power to pass all needful laws and ordinances for the
ferred. preservation and protection of groves, gardens and fruit trees,
frui:, plants and vegetables growing, or bein. within the limits
of said City; and to provide for the punishment of any tres-
pass, injury or depredation committed upon, or in respect to the
same or any of the same ; but in case of free persons, the pen-
alty imposed shall be a fine for any one offence, not exceeding
Punishment ten dollars, to be enforced, with costs of prosecution, in such
for oflences. manner as the Council of said City may by law direct. But in
case of a slave, the punishment may be by stripes, for any one
offence, not exceeding ten : but any person having authority
over, or in any respect to such slave, may redeem him from the
infliction of stripes, by the payment of a pecuniary fine, not
exceeding ten dollars, to be assessed, made known, and paid
within such time and in such manner as the Council of said City
may by law direct and the owner or master of any slave, con-
victed of such offence, shall be liable for the costs of prosecu-
tion, in such manner as the Council of asid City may by lawi
direct.
Passed January 31st, 1835.
Approved February 4th, 1835.




CHAP. 842. [No. xix.] An Act to revive and amend An Act entities
"An Act to incorporate the Town of Monticello in Jefferson County."

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That An Act, entitled An Act,







Bank of Pensacola. t r. s43. 303

:o incorporate the Town of Monticello in Jefferson County, 1i35.
passed the 4th of February 1831, and approved February 10th, --
1831, be, and the same is hereby revived and declared to be in A tot 1831
force until repealled. revived.
Sec. 2. Be it further enacted, That the limits of said Town Limits of cor-
shall be, and extend one half mile in every direction from the portion.
centre of the Town.
Sec. 3. Be it further enacted, That hereafter the annual Election o.
elections under said Act, for Intendant and Council men, shall Intendant.
be on the second Monday in January : Provided, the Intendant
hall have the ritht to appoint some other day if advisable for
said election within one month after said second Monday afere-
said, he giving one week public notice thereof in writing, at the
Court House door.
Sec. 4. Be it further enacted, That John McLemore be, and Intendant pro
he is hereby appointed Intendant, and he is authorised to act ter.
until the next annual election in 1836, and George Y. Warner,
Benjamin F. Melichamp, John D. Parish, James M. Scott,
Wm. H. Mathers jr., Jno. M. Palmer. and Daniel S. Graham,
are hereby appointed Council men, with power to act as such
until the next annual election: Provided, also, that if said In-
tendant, or either of the Council men, shall refuse to act. then
a majority of those who do act, shall be authorized to till such
vacancy.
Sec. 5. Be it further enacted, That the Intendant shall in all
cases in which he may deem it advisable in the discharge of his
duties, call upon any two of the Council men to sit with him,
and in such case a majority of the Council shall govern.
Sec. 6. Be it further enasted, That this Act shall be in force RIpl'ngelause
from and after the date of the passage thereof. And all other
Ates, or parts of Acts inconsistent with this Act, be, and the
same are hereby repealed.
Passed January 24th, 1835.
Approved January 29th, 1835.





CR.P. 843. [No. xx.] An Act to increase the capital of the Bank oP
Pensacola, and to amend the laws incorporating said Bank, and for
other purposes.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the capital stock of the
bank of Pensacola is hereby allowed to be increased to the sum inCpiasd toc
of two millions five hundred thousand dollars, to be held in $2,500,000.
shares of one hundred dollars each, in the same manner as pre-
scribed in the acts incorporating said bank; and to enable said









1835. increased stock to be subscribed for, the Directors of said bank
----- are authorised to open books of subscription lor. additional
shares at the bankinghouiie of said bank in Pensacola, under
the si;perintendence of the cashier of said bank, at such time
as said Dirc(-tors may appoint; and the additional stockholders
shall be entitled to all the privileges and benefits, and subject
to all the liabilities and obliiations of the original subscriber;,
or othej stockholders of said bank, under the original charter,
and the amendments thereto.
Dirpfltoi-r m Sry Sec: 2. Be it further enacted, That said board of Director'v
-: i:. ... shall have the power to establish, one or more branches, at such
ce'. places in West Florida, as they may deem expedient, and with
such sub-dilectors and other officers as a majority of the said
Directors may appoint; under such rules and regulations, and in
vesting svid officers with such powers as said majority may pre-
scribe, not inconsistent thereto, or to such other laws as.are, or
may be enacted respecting said bank; and also to issue notes
and other liabilities, payable at such branches as may be deem-
ed expedient.
ay purchase Sec. 3. Be it further enacted, That the bank of Pensacola
,tock of Rail shall be authorised to purchase any shares of the stock of the
R.Company. Alabama, Florida, ana Georgia Rail Road Company, which are
or m;iy be subscribed for, and to subscribe for other shares
therein, according to the stipulations of' the chapter of said Al-
abama, Florida, and Georgia Rail Road Company, to such a-
mount as the Directors of said bank may deem expedient; and
to have all the privileges and immunities of stockholders, and by
its duly constitittc agent or agents, to vote and act as such to
all intents and proposes, and effects, the same as an individual
stoclkholder could, or might do; and in all cases where, by the
charter of said company, it is requisite that officers shall be
stockholders, the Directors of said bank shall be eiiaible to of-
fices in said company in right and by virtue of the stock held
and owned by said bank therein as aforesaid.
Sec. 4. Be it further enacted, That to enable the bank to
May issne purchase or subscribe for such stock, the said bank is hereby au-
bonds tor 300,- thoriscd forthwith to issue its bonds, payable to ibe Territory of
000 dollars. Florida, for a sum nt exceeding five hundred thousand dollars;
which said bonds shall be for the sum of one thousand dollars
each, and shall bear an interest from the date thereof, at the rate
of six per cent. per annum. payable simi-annually, at such place
or places within the United States or this Territory as may be
deemed most expedient; and said bonds to be payable after the
first day of January, 1G60, and when it shall be satisfactorily
made to appear to the Govfrnor of this Territor that said
bank has so purchased or subscribed tor such stock as afore-
said, and on presentation of such bonds to the Governor of this
Territory, he shali endorse upon so many thereof as may be
equal the amount to be paid for the stock so purchased or sub-
scribed as atfresaid, the following endorsement, viz:


Bankl of Pensancola.


30-11 Cu.1,F $43,







Bank of Pensacola. CHaP. 84-3. 305

TERRITORY OF FLORIDA: 1835.
In pursuance of the laws of this Territory, the within bond --
is hereby assigned and made payable to the bearer thereof, and Cc'tificate c:
tie payment thereof, and of the interest thereon as within stipu- Gver'.
lated, is hereby guaranteed by the Territory of Florida, and ith
taith of the Territory is pledged for the redemption thereof.
Given under my hand and the Great
----- -, Seal of said Territory at the Exec-
SSEAL OFTHE utive Office, this day of
TERRITORY. 183 and of
-- --- the Independence of the United
States year.
By thi Governor.
Secretary. Governor of Florida.
and which bonds shall be attested by the Secretary, and the s'al
affixed thereto without fue, aid the Governor shall thereupon
deliver the same to the said bank, in order that by the sale there-
of, said bank may be enabled to pay for such purchase or sub-
sciiption as aforesaid, and the delivery of said bonds to the
purchaser by said bank shall entitle such purchaser to hold the
same, and demand and receive the principal and interest thereon
when due, as the assignee of the Territory as aforesaid: Provi- Limitation o
ded however, that no sale of any of said bonds shall be valid, sales.
if made for less than the amount of principal and interest spe-
cified therein, nor shall any purchase of stock be made for more
than its intrinsic par value.
Sec. 5. Be it further enacted, and it is hereby declared to be
the object and intention of this law, That the monies so raised
by said bonds as aforesaid, except as hereinafter in the eighth
section thereof specified, shall be forthwith exclusively appro-
priated to the building and making of said Alabama, Florida,
and Georgia Rail Road, commencing and finishing such portion pproepriaed.
thereof as is to be made within this Territory, in the first place,
and continuing the same therefrom into the State of Alabama,
as provided in the charter of said company; and it is hereby
declared to be the duty of said bank, and its officers and agents
to carry this object and intention into effect by their votes and
acts as far as possible, both as officers and stockholders of said
bank, and also of said rail road company.
Sec.,6. Be it further enacted, That whenever the said Ala-
bama, Florida, and Georgia Rail Road Company shall call in Bank ray is-
any instalments of the stock of said company, in order to en- sue additional
able said bank to pay such instalments on the stock so purchas- bonds:
ed or subscribed for as aforesaid, the said bank is further au-
thorised from time to time, as nay be necessary, to issue an ad-
ditional number of its bonds, as specified in the fourth section
hereof; and which bonds on presentation to the governor of this
Tsrritory, he is hereby required to endorse in like manner as is
specified in said fourth section; which bonds shall also be attest-
ed by the Secretary, and the seal affixed thereto without fee and







30L CHAP. 843- Bank: of Pensacola.
1835. the same be delivered to said bank for sale, and the delivery
thereof to the purchaser shall give the same rights as specified
in said fourth section, with regard to the bonds therein mention-
ed; and no sale of such bond. for less than the amount of prin-
cipal and interest therein specified shall be valid: Provided
however, that it shall be made to appear satisfactorily to the Go-
vernor, before making such endorsement that one mile of said
rail road for every ten bonds, so presented to him for indorse-
ment, has been constructed and finished by the company; and
thereafter each and every mile of said road, upon which any
bonds as aforesaid, shall be issued, shall be and inure to the
Territory of Florida, with all its rights and privileges for the re-
demption by said company of the bonds so issued; and until
they be redeemed, said lien shall continue to the Territory.
Sec. 7. Be it further enacted, That to secure and indemnify
the Territory for the aforesaid guarantee of said bonds, the
said bank, at the time of the endorsement of the bonds first
Hypothecati'n given by said bank, shall execute and deliver to the Govei nor of
of stock toTer the Territory, for the Territory of Florida, an hypothecation of
ritory. the capital stock of said bank and of all its property, real and
personal, and assets which it may then and thereafter hold or
have, and of the stock it may then or thereafter hold, in the
said Alabama, Florida, and Georgia Rail Road Company in
such form and manner as the Governor may direct; which hy-
pothecation is hereby declared to be and continue a lien, upon
the said capital stock, property and assets; and said stock in
said iail road, and also such portion of said rail road as is with-
in this Territory in preference to all other claims and liens, un-
til said bonds are fully paid and extinguished.
Sec 8- Be it further enacted. That the said bank shall be
Proceeds of permitted to use and appropriate one third of the amounts so
bonds in pari, raised by the said bonds for the purposes of banking: Provided
how appropri- however, that no dividends of profits shall be made amuung the
ated. stockholders, until all said bonds are extinguished and piid, or
a fund sufficient therefore created; but the said profits and all the
profits ot the stock owned by the said bank, in said Alabama,
Florida, and Georgia Rail Road Company, shall be exclusively
appropriated to the payment of the interest and principal of
said bonds as aloresaid, or the creation of such fund; and the
stockholders of said bank and of said rail road shall be individ-
ually and personally liable for the redemption of said bonds.
Semi-annual Sec. 9. Be it further enacted, That the President and Cash-
.:turns. ier of said bank shall make semi-annual returns, under oath, to
the Governor, otf its condition and state; and the Governor
shall have power, whenever he may deem it necessary, to ap.
point a commissioner to examine fully as to its management
and make report thereof to him for the information of the Le-
gislature.
Sec. 10. Be it further enacted, That it shall be the duty of
the said bank of Pensacola, on or before the first day of Janu


_ ^_







Compita'ion of the Laws. CHAP. 844. 307

ary eighteen hundred and thirty-six, to establish in the town of 1S35.
Marianna a branch of said bank, with a capital of not less than -
fifty thousand dollars; and the Directors of the said bank of tBanchat Ma.
Pensacola shall have authority to elect the President, Cashier, riann.
and Directors of said branch, and to fix the salaries thereof,
and to pass all laws necessary tor the government of said
branch.
Sec. 11. Be it further enacted, That the acts incorporating
the bank of Pensa'ola, and this act shall c mine in force, as Duration of'
long as the charterof said Alabama, Florida, and Georgia Rail charter.
Road Company, and until said bonds are all paid and extin-
guished, or a sufficient fund created therefore. No tax shall be
levied or assessed on the stock of the said rail road within this
Territory; but after the slnme are so paid, or a fund created as
aforesaid, a tax equal to that paid by other banks of this Teiri-
tory may be assessed.
Passed, February 13th, 1835.
Approved, February 14th, 1835.





atAr. 844. [No. xxi.] An Act in addition to the Acts providing ibr
the Compilation of the Laws of this Territory.

Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That upon the present contractors for
publishing the compilation of the laws of this Territory, or either
of them, or James D. Westcott Jr. Esq., entering into bond
with security, to be approved by the Executive, in the sum of New Bonds
four thousand five hundred dollars, payable to the Territory of retired.
Florida, conditioned for the delivery, on or before the 31st of
August, 1835, to the said Executive, of seven hundred and fifty
copies ot the said compilation, to comprise the laws from 1822
to 1834, inclusive, with also the treaty of cession, the constitu-
tion of the United States, and the Acts of Congress respecting
Florida, on the plan and system, and as stipulated in the Act of
last session; and that in failure so to do, said contractor shall
and do forthwith pay to the Executive for the Territory, the
amounts which have heretofore, and may hereafter, be advan-
ced on account of said publication; that the Executive- be, and
he is hereby required to cancel the contracts and bonds hereto- Formerbond
fore'made and given, and on failure of the condition of such to be canceled
new bond, if such should occur, that said Executive is authoris-
ed to employ counsel and institute legal proceedings thereon,
and make a new contract with other persons for the same work,
or adopt such other course as he may deem most advisable, and
that on the execution of such bond; and the same being filed in
the Secretary's office, that the Executive be required to draw







30 GCHAr. 845-6, Election for Me mbe? of the Lcrislatcre Councei-Toi ,
..p., ermanently the Sieat of Govep nment.
1835.
for and advance to the conractors the sum of five hundred do;-
lars, and no more, 'till said woik is complete, when he shall
draw for and pay over the whole amount of the appropiiation
in arrear.

Passed February 11th, 183&.
Approved February 12th, 1933





CHAr. 845. [No. xxii.] An Act to change the time of holding '~i
Election for members of the Legislative Counc!l

Sec. 1. Be it enacted b the Governor and Legislative Cour,n-
cil of the Territory of Florida, That an election for memberF
ileetion (i of the Legislative Council of thi. Territory, shall be held in the
kIonday Oct. several counties thereof, on the second Monday in October
next, under the same rules, regulations, and restrictions as are
now provided by law, and a like election shall be held annual,
thereafter, on the same day.
Sec. 2. And be it further enacted, That all laws inconsistent:
with the true intent and meaning of this Act, be, and the same
are hereby repealed.

Passed February 7th, 1835.
Approved February 14th. 1835.





nAPr. 846. [No. xxiii.] An Act to fix permanently the Seat of Gov-
ernment of the Territory of Florida.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
Three com- cil of the Territory of Florida, That the Governor be, and he
pisioniedto is hereby authorized and empowered to appoint three Commis-
sioners, who shall forthwith proceed to select the most eligible
spot on the Suwannee riNer, for the permanent location of thi
seat of governmne t of the i erritory of Florida, and huvinQ
done so, said commissioner, shall m.ke their report thereof tc
the Governor. and if the place so sele~,ted shall ic approved o"
by the Governor, it shall be his duty to take all necessary stepw
to cause suitable arrangements to be made for holding the ncx'
session of the Legisitive Council at Esid place.
Sec. 2. Be it lurthrr enact-1, That if any arrangements can-
yt be made by the first Monday ot Octouer next, for holdmin







Sale under Executions out of S. Courts-County Judges Cir-. 847-8. 308
forward copies of Elections to the Governor. ----
1835.
the next ensuing session of the Legislative Council at the place -
so selected on the Suwannee river, then it shall be the duty of Proclamation
the Governor to issue his proclamation convening said Council 'hen tobe iW
at Tallahassee, in the county of Leon, where the next session
thereof shall be holden sud from the date of issuing said
proclamation, the town of Tallahassee shall become the seat of
government until such arrangements shall be perfected.

Passed February 13th, 1835.
Approved February 14th, 1836




CHAP. 847. [No. xxiv.] An Act to alter the place of Sale undei
Executions, issuing out of the Superior Courts, in certain cases.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the passage
of this Act, the Marshal of any District, shall expose to sale
ail real and personal estate, by him taken or levied upon, by Sales to bL
held in County
virtue of an execution issuing out of any superior court in the Towns.
county town. of the county in which such real estate shall be
situated, or such levy shall be made, and in the same manner,
in all respects, as is noWv required by law.

Passed February 7th, 1835.
Approved February 14th, 1835.




CHAP. 848. (No. xxv.] An Act requiring County Judges, as all case,
to forward copies of Orders for Elections to the Governor.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That in all cases when a county Copy of Order
judge shall order an election, he shall forward a copy of the to be sent to
order he shall make in the premises to the Governor, in the governor.
same manner as is now required by law, ,in case of the election
of members of the Legislative Council.

Passed February 7th, 1835.
Approved February 14th, 18358







810 CHAxP. 849. Sureties-Divorces.
1835. CHAP. 849. [No. xxvi.] An Act to make sureties equally liable in
certain cases.

Sec. 1, Be it enacted hb the Governor and Legislative Coun-
cil of the Territory of Florida. Thnt when any person shall
execute any bond, note, draft, or bill of exciiange in this Terri-
tory, and any two or more persons shall also execute the same
jointly with him, and merely as hi, or their sureties, or shall en-
dorse any note, draft, or bill of exchange as sureties for the
maker or drawer thereof, ano for hi- accommodation, and
Mndorsers without any consideration, said persons shall be bound each to
equally liable, the other for a propor'ionhable contribution or' the amount of said
bond, note, draft, or bill of exchange, and if any one or more
of said persons be compelled to pay any part of tid bond, note
draft, or bill of exchange, he or thrv shall hnve his or tncir
remedy by suit against his or their co-surity, or co-sureties for
contribution, and may sue separateiy or jointly to enforce the
payment of the same, and the defendants, it more than one.
may be sued separately or jointly, and where it maiv be neces-
sary, the person or persons claiming such contribution may
proceed by attachment as in other cases.

Passed February 7th, 1835.
Approved February 14th, 1835.




CHAP. 849. [No. xxvii.] An Act to amend the several Acts now in
force concerning Divorces.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the Act, entitled An Act,
Act of t829 to amend An Act, concerning divorces, and alimony, and for
repealed and other purposes, approved Nov. 5th, 1829, be, and the same is
Act of 1828 hereby repealled. And that the Act. entitled An Act, concern-
revived. ing divorces, and alimony, approved Oct. 29th, 1828, be, and
the same is hereby revived.
Sec. 2. Be it further enacted, That divorces a vinculo matri-
montii, shall be adjudged and decreed in addition to the causes
Causes of di in said Act prescribed, for extreme cruelty in either party, or
Vorce. tor the habitual indulgence of violent and ungovernable temper,
or for habitual intemperance, or for willful obstinate and con-
tinued desertion by either party for the term ot a year.
Sec. 3. Be it further enacted, That from and after the pas-
Divorehow sage of this law. no divorces shall be decreed from bed and
to be granted, board, but whenever any divorce shall be adjudged and decreed
between man and wife in the courts of this Territory, by virtue
of any statute. the same shall be from the bnnds of matrimony.
Sec. 4. ie it further enacted, That the several Superior







Collection of Rents. CHAP. 850 311

Courts orthis Territory within their resnr 'live districts,shall have 1835.
exclusive cognisance of all claims for divorces, and that any pe
tition for a divorce, now depending under the Act of November o s"priln
5th,IS29 hereby repealled,inaybe prosecuted to final judgement, siv.jurisdi ect
the snid repeal not'withstan ding.
Sec. 5. Be it further enacted, That no person shall be entitl-d
to apply for a divorce under the provisions of this Act, who has Residence
not been a resident of this Territory for a period of three moaihs.

Passed February 10h, 1835.
Approved February 14th, 1835.




CHAP. 850. [No. x Aviii.] An Act, to amend An Act, entitled An Act
to provide for the collection of Rents, passed 20th Nov. 182S.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That any tenant, or lessee at will,
or at stlfetrance, or for part of a year, or for one or more years,
of any houses, lands, or tenements, and the assigns, under ten- rmoss ed
ants. TI legal representatives of such tenant, or leesse, may be
removed front such premises in the manner hereinafter prescribed
in the: following cases.
1st. Whore such person shll hold over and continue in the
possession .f the demise premises, or nny part thereof, after
the expiration of his time, without the permission of his landlord.
2d. Where such person shall hold over without permission as
aforesaid, after any default in the payment ot rent pursuant to
the agreement under which such premises are held, and a de-
mand of such rent shall have been made. or three days notice,
in writing, requiiing the payment of such rent, on the possession
of the premises, and shall have been served by the person entitled
to such rent, on the person owing thi same, by either delivering
to the tenant to whom it shall he directed, a true copy thereof;
or if such tenant be absent from his last, or usual place of resi-
dence, by leaving a copy thereof at such place.
Sec. 2. Be it further enacted, That the landlord, his legal
representative, agent, or assigns, applying for the removal of any
such tenant, shall make oath in writing, of the facts which so Oath required
authorise the removal of any tenant, describing therein the pre-
mises, before some justice of the peace of the county iwhpre the
demised premises are situated, whose duty it shall be, thereupon Dutyofjustic.
to issue his summons, desc.ibing the premises of which posses-
sion is demanded, and requiring the person in possession of said
premises, or claiming the possession thereof, forthwith toremove
from the same, or to show cause before the said justice, within
not less than three days, nor more than five, why possession of
said premises should not be delivered to the applicant.







312 CI.~P. 851. 9'rading with Slaves.

1835. So.c. 3. Be it further en crtej, T'hat if at the time appointed
------ i, il .unlmnons, no safiiciet cause be shown tr ih.- contrary,
W arrant l, tie s'., ja:s, ice sih i i'nle his warrant tu any coaltable of said
issued.
county. co;.ni:in'li- himi to remove all persons liom the premi-
sesi;tore:-iu.:. and ;o ,lt the said applicant in full possession thereof.
iec. 4. Le it lur:er enacted, Th'it the person in possession
no' s, h Ldenmisd premises, and any person claiming possession
tiiir'otf, m(ay at the timio appointed in such summons, for show-
inm cni se, or b f;1, file un afli-lavit with the justice who issued
the smIoni,-, d ,;ifu. the fIcts upon which the said summons
was issulled, 'r a:, of s'lil (l.-t:-; arid the masters therein contio-
'1'rial by jury. verted shlli -.e t.ied byi si. Igfil jrirors, to be immediately sum-
mion a .ll n I iin ti e i plle.J i )r thai purpose.
St',. 5. !ie it faurthei enaictd, That if the vrrdiet of the jury
so sni:,', ,sied, sh;il 1;, in favor of the it ssor landlord, or other
p'r n), 'ippiymin for lth poisassion of said preinses, the said
ju-ii-e shall issui' ltu .va3rint Io any const.:ii' (of said county,
coin ,udi iw him to pt:i landlord. lessot ( eitherr person, into
p,' s I of" s..id pi.,ni' es, as lihereiic iore directed, which it
sh:!l bie !i ,J.il- ivt l t1iit to ex cute.
Distress for Sec. 6. iii it I'n. .: oeacteC, That no property of any tenant
rents, or Ielsee sialil be exemrnp: frolm distress and sale for rent: except
bed, ,;:d c!othes, anud hearing g apparel.

Passed February 61h, 1835.
Approved February 14th, 1836.




CH.P 851. [No. xxix.] I n Act, to repeal a certain Act, and part of
.n Act, therein named.

Sec. 1. Be it enacted by the Governor and Legis'ative Coun.
cil of the Territory of Florida, Tbit the Act, entitled In Act,
in relation to trading wiih slaves, passed 5th Feb. 1S34, be, and
Act of 1834
-epealled. the same is hereby repealed, so tar as to event it, operation in
East and South Florida ; (with tre exception of Columbia
County) and that it be repealed in the County of Escambia in
West Florida, and no further: and that the Acts repealed by
that Act, be revived in all places in this Territory, where said
Act is not in force.
Sec. 2.' Be it further enacted, That the sixty second section
Sixty-second of an Act, entitled an Act, relating to crimes and misdemeanors
sect. repeallcd committed by slaves, free negroes, and mulattoes, be, and the
same is hereby repealled.

Passed February 7th, 1835.
Approved February 14th, 1835.







Acitoneers-Poreign Bank Aboles-.lttacl.ments. CHAP. 852-3-4. 313

CHAP. 852. [No. Kxx.] A Bill limiting the time of appointments of 1836.
Auctioneers, and for other purposes. -

Sec 1. Be it enacted by the GCov-rn'or an Legrislative Coun-
cil o; the Territorv of Florida, That ill .rppolinJlmcnls of Aiec-
tioneers heretolbre made i;,y toe Governcr u!.d Lgislative Coon-
cil in this Tenitory, silil, afltr the exix irntioi !o' two seaj ioin
and after the passage of this A-t, be consulertij a- havi. x; ex- Time of hold-
pired, and that no commission it' Auctiooierr shall in future in office
granted ny the Governor for a longer time tilun two v'i;Ns.
Sec. 2 Be it lifrther enacted, Thatali ai ws. or ,t. or Ilawslii
passed heretofore for the regulation of Ati,"e;ojclr's and An,- clause.
tions inconsistent with the piovisios i, this Act, be, and thu
same are hereby repealed.
Sec. 3. Be it further enactc:. That nothing in this Act shall
be construed to derogate from the chartered rights of any incor-
porated City or Town in this Territory.

Passed February 10th, 1835.
Approved February 14th, 1835.




CHAPh. 85. [No. xxxi.] An Act to prohibit the circulation of notes
of foreign Banks of a less denomination than five dollars.

Be it enacted by the Governor and Legaislative Council of the
Territory of Florida, That lfon and liter the first day of June
next, it shall not be lawful for anly prison to pass, (r attearht to For.;n notes
pass any note of a foreign bank of a ies, denominatio.i tLan I.: .tan $s
five dollars, under the penalty of twenty dollars for each oftTincc, proiiibitec.
to be recovered before anyjustice of tile race; one hall to the
prosecutor and the other hail' to be paid into the county Trea-
sury for county purposes.

Passed, February 10th, 1835.
Approved, February 14th, 1835.




CHAP. 854. [No. xxxii.] An Act in addition to the several acts regu-
lating the mnoie of proceeding on Attachments.

Sec. 1. B1P it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, Th.at i i;ro Ind arft.r th, pas-age
of this act, it shall be lawful tor any person to obtain a wilt o' rit' of at-
attachment whether the debt or dem:ano !e due or not, Prou idod d:'itw'"een
that the same will become due within nine months from the tmne







B14 CHAr. 854. Attachments.

18;5. of applying for said writ of attachment. And provided also, that
--- -- at the tlinr' of such application, the person anaiiist honi the debt
or demand charged, shall be actually removing his or her
property beyond the limits of this Territoiy, or be fraudulently
disposing of or secreting the same tor the purpose ot av oiding
the payment of his or her just debts or demands
Sec. 2. Be it further enacted, ''hat such wri t isis provide I for
in the preceding section of this act, shall in no case be issued
Orlth of plain unless the pa ty applying for the same, or lt. agent, or attorney,
t;ti. shall lirst make oath in writing that the aitiMunt of the debt or
demand claimed and charged against the opposite party, is actu-
ally an extstiig debt or demand; stealing also, in said outh, in
writing, the time when said debt or dciii.tnd will actually become
due and payable; and also, that the party against whom the said
writ of attachment is applied for, is actually removing his or her
property beyond the limits of this Terriltry, or (as the case
iay be) is lraudulutilv disposing of or secreting the same for
the purpose of avoiding the payment of his or her just debt or
denian;,-s tilsfactory proof of which shall be demanded and
produced to the otflier granting the attachment.
Sec. 3. Be it further enacted, That no writ of attachment
Bond andse- priovid ci for in this ant, shall in any caso li issued, till bond
cuority. with security as directed in the tenth section ot the act, appro-
ved, F eoruary 15th, 1S 14, entitled "an act to amend an act reg-
ulating the mode of proceeding on attai hnments," be given.
Sec. B U it further enacted. That in all cases when any
writ of attachment shall be issued under the auth.ritv of this
ac', the property attached shall be discharged and restored to
geplevy. the defendant or defendants on his, her, or their entcrina into
bond with .uthfie.it security. to be approved by thecourt to
which lie writ is returnable, cindnioned for the payment to the
plainiulf in attachment ot the doit or demand, when the same
slall ibcoile due-or said pionerty so attached may be replev-
ied eecording to law as in other cases.
Sec. 5. Be it further enacted, That motions for dissolving
Motion to dis writs ol attachments granted by authority of this act, may be
olvecjury trial made. and shall be heard and decided as in other cases.
nec. 6. Be it fuither enacted, That in all cases on motions
to dissolve a attachment, the party plaintiff and party defen-
dant shall have right end equal right to demand a jury to try any
issue made on such motion.
Sec. 7. Be it further enacted, That no part of this law shall
be construed to operate retroactively.

Passed, February 13th. 1835.
Approved, February 14th, 1835.







Pugitivet-Judgments against Free JNegroes. CHAP. 855-6. 315
OCnP. 855. [No. xxxiii.] An Act to revive an act to provide for the 1835.
collection of Judgments against free Negroes and other persons
therein named.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the act to provide for the
collection of judgments against free negroes, and other persons
therein named, passed the 28th day of January, 1832, be, and Act of 1832
the same is hereby revived and made in full force from the pas- revived.
sage of this act: Provided however, that thi,1 act shall not ap-
ply to any free negro, who was a resident in this Territory pre-
vious to its cession to the United States, and who has continued
to reside in it to the present time.
Sec. 2. Be it further enacted, That the act, entitled an act Act of 183
to repeal the before mentioned act, passed, 16th day of Janu- repealed.
ary, 1834, he, and the same is hereby repepealed.

Passed, February 13th 1835.
Approved, February 14th, 1835.




GHAP. 856. [No. xxxiv.) An Act in relation to Fugitives fromJustice.
Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That it shall be the duty of the Go.
vernoi of this Territory, when demand shall be made of him, by
the Executive of any State or Territory, of any fugitive from
justice, in the manner prescribed by the act of Congress, ap- Governor to
proved, 12th February, 1793, to cause said fugitive to be ar- arrest fugitive
rested and secured either by making public proclamation, or by on demand.
issuing an order to that effect, as he may deem most expedient,
under his hand and the seal of the Territory, directed to all and
singular the marshall and sheriffs of this Territory, therein
commanding them to arrest the fugitive therein named; and it
shall be the duty of any marshal or sheriff, upon receiving such
order, forthwith to execute the same.
Sec. 2. Be it further enacted, That when any fugitive shall
be arrested, he, or she shall be immediately committed to some Fitive tobe
safe jail or prison; and it shall be the duty of the marshal, dep-
uty marshal, sheriff or deputy sheriff, upon such arrest being
made, to notify the Governor thereof, and also of the jail or
prison to which said fugitive shall be committed; and said fugi.
tive shall be dealt with as by said act of Congress is provided.
Passed, February 4th, 1835.
Approved, February 9th, 1836.








31G CHAP. 857-S. Trespasses and Depredations on Lan;ds-Taiff ofFee't.

1lf35. CIr. 5. 57 [No. xxxv.] An Act to prevent trespasses and depreda,
t ions on lands within the jurisdiction of the Territory of Florida.

Be it enacted by the Governor and Legislative Council of
the Territory of Florida That it shall not be lawful for any
stock owner, o0 cattle owner, not residing within the limits of
4ntforeign st'Lnhe Territory of Florida, to drive his stock, or cattle upon the
lands within the Territorial limits of the .ame for any other pur-
pose than that of making sale of the same; and if any such
stock, or cattle owner shall so drive or cause to be driven any
stock, or cattle upon lands within the limits of of said Territo-
ry for grazing. or shall permit a.,y cattle which have strayed off
and passed the limits of Florida for more than one month, to re-
main within the said Territory, the. stock, or cattle so driven or
Remaining within the same, shall be forfeited and subject to sale,
penalty. upon proof being thereof made before a justice of the peace or
county judge; one half of the proceeds of such sale shall be
for the benefit of the informer, and the other half to the Terri-
tory of Florida.
Sec. 2. Be it further enacted, That if any person or persons
shall with intent to avoid the foregoing provisions ot this act
[ictitioussale. make any colourable, or fictitious sale of cattle to any person
within the Territory without valuable consideration, th-- cattle
so fraudulently and fictitiously sold, shall, in like manner, be
subject to forfeiture.
Passed, February 5th, 1835.
Approved, February 10th, 1835.




CHAP. 858. [No. xxxvi.] A Bill entitled, an act to amend an act en-
titled an act to establish a Tariff of Fees.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That translators of the courts
ees of trans of this Territory shall receive for any instrument of writing of
Tutors. one hundred words or less, twenty-five cents.
For any instrument of writing, for each hundred words twen-
ty. five cents.
Certifying the same, twenty-five cents.
Sec. 2 Be it ltrrher enacted, That whenever any marshal,
sheriff, or other officer, in the Territory, shall take any slave, or
Slaves taken slaves, by executio, or attachment, it shall be his duty to hire
in Execntion said slave, or slaves to the highe-t bidder, at public outcry with-
be hired out in three days alter such slaue or slaves ,hall have been
taken il.to his custody, and the proceeds of such hure shall go
to the extinguishment of the debt tor which said property was
taken, and that said marshal, sheriff, or other officer .hall take
bond and sufficient security to be approved by hmun lo the forth-







Dimitation of Actions. CHAP. 859. 317

nmmin2 of said slave, or slaves hired as aforesaid. Provided, no- 1835.
thing herein contained shall i.tertfere with the right of replevy ---
given by law.
See. 3. Be it further enacted, That the several fees of clerks,
marshals, sheriffs, translators, and al other officers herein or Fecsofofficers
heretofore provided for by law, shall in all cases be collected aty w pa
iach term of the court, from the party for whom the services
lave been rendered where said services have reference to cas-
es pending in any couit: Provided, that each distinct iteln of
cost shall be particularly enumerated in the bill of costs.
Sec. 4. Be it further enacted, That it shall be the duty of Costs how
the clerks of the several courts, to tax the costs accruing in taxed.
each case at the close of each and every term of court if re-
quired.
Sec. 5. Be it further enacted, That when such bill of costs
sh:ll have been so taxed and approved of by the judge of the
court wherein said services have been rendered, it shall have To lhae 6'or
of an Ex"CuI
the force and effect of an execution, to which the property, i Cal tion.
and personal, of the patty for whom said services have been ren-
dered, shall be liable as in other cases of executions.
Sec. 6. Be it further enacted, That no fee shall be charged,
in any case, or for any official service performed, or claimed to
be performed by any clerk, marshal, sheriff, constable, coroner,
judge, justice, translator, keeper of archives, or other public
officer of any name, character, or description whatsoever within
the Territory, appointed by, or acting under the authority of the Fee not a.
laws thereof, unless said fees be expressly authorized and their specified.
amount specified by law.
Sec. 7. Be it further enacted, That so much of the act enti-
tied an act to establish a tariff of fees, approved, fifteenth ofRepl'ngclausp
February, eighteen hundred and thirty-four, as is inconsistent
with this act, be, and the same is hereby repealed.

Passed, February 6th, 1835.
Approved, February 14th, 1835.





aHAP. 859. [No. xxxvii.] An Act concerning the limitation of Actions

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, rhat any person, an inhabitant
or resident of this Territory, who shall be sued within the same
upon any contract made or liability accruing in any foreign Liitat
country, or beyond the limits of this Territory, upon which con- Actions.
tract or liability suit would be barred by the law ot the place
where the contract was made, or the liability originated, them







318 anHA. 860-1. Carrying arms secretly-M-arried wamen fc convey their
..-- Real Estate of Inheritance.
1835.
in every such case the defendant may plead such law in effectual
bar of the suit thereon in this Territory.
Passed February 12th, 1835.
Approved February 14tb, 1835.




CiA 860. [No. xxxviii.1 An Act to prevent any person in this
Territory fro-n carrying arms secretly.

Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That from and after the passage of
this Act, it shall not be lawful for any person in this Territory,
Secret arms to carry arms of any kind whatsoever secretly, on or about their
Iubited, persons; and if any dirk, pistol, or other arm, or weapon, ex-
cept a common pocket knife shall be seen, or known to be
secreted upon the person of any one in this Territory, such
person so offending, shall on conviction, be fined not exceeding
five hundred dollars, and not less than fity dollars, or imprison-
ed not more than six months, and not less than one month, at
the discretion of the jury: Provided however, that this law,
shall not be so construed as to prevent any person from carrying
arms openly, outside of all their clothes ; and it shall be the
Let tobe gi- duty of judges of the superior courts in this Territory to give the
n in charge matter contained in this act in special charge to the grand juries
uries, in the several Counties in this Territory, at every session cf
the Courts.

Passed January 28th, 1835.
Approved January 30th, 1835.





CHAr. 861. [No. xxxix.] An Act to enable married women to convey
their real estate of inheritance.

See. 1. Be it enacted by the Governor and legislative Coun.
cil of the Territory of Florida, That any married woman own-
ing real estate of inheritance in this Territory, may sell, convey,
transfer, or mortgage the same, or any part thereof, in the same
manner as she rmiht do, if she were sole and unmarried: Pro.
ght of Con- vided, the husband of said married woman join in such stle,
yance. conveyance, transfer, or mortgage, and the same be made and
authenticated in the manner prescribed by the several acts in
force, regulating conveyances of real estate, and the recording
and authenticating the same; and provided also, that such mar-







Rewmoal of Justiees of the Peace. OnAP. S i8. 319
7 ___ -7-%
tied women shall acknowledge on a separate or private exam;- 1S35.
nation, before the officer or other person appointed b' law to
take her acknowledgement of her execution of any such sale,
conveyance. transfer, or mortgage, separate and apart from her
said husband, that she executed the same freely, and without
any fear or compulsion of her said husband.
Sec. 2. Be it further enacted, That all sales, conveyances,
transfers, or mortgages, hec-tofore made by married women of
their real estate of inheritance in this Territory, where the hus-
bands of such married women have joined therein, shall be as Former sales
vanld as if the same had been conveyed by fine, as at common vald.
law, which said mode of conveyance shall never be used in
this Territory.

Passed January 30th, 1835.
Approved February 4th, 1835.





CHar. 862. [No. xL.] An Act providing for removal of Justices of
the Peace in certain cases, and for other purposes.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the passage
of this act, it shall be lawful for the Governor of this Territory
upon sufficient cause shown to him, or for any judge of the
superior court, on motion, ten days previous notice having been
given, to remove any Justice of the Peace, Auctioneer, or other Removal
person holding office by appointment from the Governor anusces.
Legislative Council, and to appoint others in their places, and
said Judge shall inform the Governor thereof.
Sec. 2. Be it further enacted, That if any Judge of ihe
county Court, or Justice of the Peace of this TerrirEy, shall
on indictment, be convicted of any offence against the penal
Saws of this Territory in addition to the sentence and penalties
now imposed by law, said Judge, or Justice, shall be removed
from his said office, on the conviction aforesaid: Provided;
nothing in this act shall be construed to release the removed
officer and his,securities from any liability that may have been
previously incurred.

Passed February 5th, 1835.
Approved Februuary 14th, 1835







320 CrrA. S63. Compensation qf the iMembers, 6-c.

1S3?. CHA. 863. [No. XtI 1 An Act to provide fbr the compensation of tlic
Members and Officers of the Council, and ibr other purposes.

Perc. 1. Be it enacted by the Governor and Legislitive Coun-
cil of the Territory of Florida, That the Governor cause to be
nwdited and setiled, the pay and mileage ofthe members for their
attendance at the Council from Monday the 5th day of January
on, Ih'nsand eight hundred and thirty hve, to the 16th of Feb.
ru-nr of the same year, both days inclusive, agreeably to the
allowance authorisrd hy the Act of Congress.
Sec. 2. Be it further enacted, That lie cause to le paid Jos.
B. Lancaster, Secretary of the Council, for his services as such
the stun of five hundred dollars. To J. G. Gunn, Enrolling
and En-rosmin Clerk, three hundred and fifty dollars. To J.
S. Sanchez, Enroiitg and uEinrossin (Clerk, three hundred
dollars. i'o R i)irt Copiland, Enroliirig and Engrossing Clerk,
three hundred dolisr. For ,opyin7 laws for printer, three hun-
dred dollars. To Jas. Bryan jr., Sergeant-at-Arms, one hun-
d'ed and seventy .ive dollars. To Mo.ses Eli;, Door Keeper,
one hiudred a d: seventy five dollars To Win. Wilson, for
printing, st;ationar,, and eontingenices of the present session of
the Lounllil, one thouis:nd three hundred and seventy seven
dollars anJI .~:veint cents. To James Bryan jr., for fuel and
servants emploIhyed by the Sergiant-at-a rs, t'oty dollars.
See. 3. Be it finth r et acted, That the Governor cai;se to be
paid out of thi appropriation by Congress, fer the year one
thousand eight hundred rnd thirty iour, being in unexpended
b-il.ince in tte I'reiury Depairtment of thb United States, to
Les ec A. Thomnisoi, the sum of four hundred and seventy
five doli:trs, being the amount of two warrants heretofore drawn
in fiivor Seeuutiino J. Segui and John P. Booth, for services
r;ea.i'red the la-t session of the Council. To R. Heyward,
two hundicd a:ld eighty live lollarsi, being the amount of a
drafi heretofti-a given to R. Dininorue Wtscott & Co. fir fold-
ing and stitching the laws and journals of the last session of the
Coin:-il. To Samuel B. Fitzpatrick. a former clerk of the
Legislative Council, the sum of one hundred and two dollars
and sixty nine cents.
Sce. 4. Be it further enacted, That the Governor cause to be
audited and settled, the accounts of Win. Wilson, lor printing
the Laws and Jouruals of the present session of the Council,
and tor publtihing the same in the Floridian, according to the
contract( of said V\ ilson.
Sec 5. Be it further enacted, That the Governor cause to be
audited and settled, the accounts of the Editors of the newpa-
peis Riuthcrised to publish the laws of the present session, ac-
cort:rug to ;ihe act of Congress.

Passed February 14th, 1535.
Approved February 14th, 1535.







rhanrees and Claimants-Spring Grove Guards. CHAP. 864-5. 321

CHAP. 864. LNo. XLIu.] An Act fbr the relief of Grantees and Claim- 1835.
ants of1 land in certain cases. -

Sec. 1, Be it enacted by the Governor and Legislative Coun-
cil ot the Territory of Florida, Thai all lands or grants of
lands hold by grants, concessions, or orders of survey, or by
other titles derived from ihe Spanish Government, shill b, and Unseri'tsd:-
theyarc hereby made exempt Irom tax.:tion, until said lands emnt imtaxes
shall be surveyed by order of the court having the power to or-
der such survi y, or until the survey or surveys heretofore or
hereafter to be made by the Surveyor General ot this Territory
shall be accepted by the claimants of said lands: Provided
this section shall not apply to coiiny taxes now allowed by law.
Sec- 2. Be it further enacted, That no tax heretofore asses-
sed against or impose upon an such lands as are mentioned in Fermer t.xcs
the first section of this act shpll be collected, and said lands annulled.
shall be held free and discharged from :ny such tax, and all siles
of any of such lands, or parts thereof, for any tax whalevtr, af-
ter the passage of this act, shall be null and void and vest no ti-
tle in the purchaser thereof.
Sec. 3. Be it further enacted, That the owner or owners,
or any of them, or the agent or agents of any of such owners,
shall give notice in writing to the tax-collector of the fact that .Ntiee to ta;
said lands have not been surveyed as aforesaid, or if surveyed,
that the said survey has not been accepted or-received as satis-
factory by the owners or claimants of said lands; and on such
notice, the said tax-collector shall suspend all turther proceed-
ings, and make due return thereof to the treasurer.
Sec. 4. Be it further enacted, That this act shall take effect
from its passage.

Passed, February 9th, 1835
Approved, February 14th, 1835.





*HAP. 865. [No. XLIII.] An Act to provide for the establishment and
organization of the Spang Grove Guards.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
oil of the 'Terrtor- of Florida, That the uniform company of
mounted ifl.men, in the county of Alaehua, and known as the
Spring Grove Gua: ds shall be, and the lane is hereby cons:itu- Name of coiu,
ted an indepent company, to be call: th-i Spriir Grove Guard.i. Pa"y.
See. 2. B it further enacted. fra:t ih*e oliicers of said com-
pany shall consist of one captain, one first lieit. nant, on0 .-e- Officerr.
cond lieutenant, two tnrd lieutenants, live suiar nt., and four
'. 'porals; and that the number of privates may be increased to







322 CHAP. 865. Spring Grove Guards.

li35. tho. number of one hundred men, by the voluntary enrolment of
-- any q'; 'i'ied persons, residing in the county of Alachua.
;c. S. 3. Be it further enacted, That th, officers already el-
ected and chosen by the said company shall remain and contia.
To rmiin ,n in the respective commands and grades to which they have
o .been elected, to wit: Steven V. Walker, as captain, Edward
3i3il, as first lieutenant, IV. Carter Allen, as second lieutenant,
ar. Thomas D. Coldine, as third lieutenant, who shall be forth-
wi;h commissioned by the Governor of this Territory, nccor-
din to law, and that the said company shall, on some day, to
be appointed by the captain thereol, proceed to the election of
arioller thi.d !iictenant, (who shall b), in like manner commis-
n!i. ioncd, upon the receipt by the Governor of a duly certified
report of su:h election,) and of two seargents and four cor-
porals.
eec. 4. Be it further ennctca, That all officers beneath tha
balterr.s. grae ot third lieutenant, shall not be commissioned, but shall
receive a warrant of appointment upon their election, from the
commander of said company, and all appointments shall be pub-
lished in company orders.
Sec. 5. Be it further enacted, That any vacancies which may,
at a;n time occur in the said company. may, and shall be filled
at any (I clion, to be held and conducted agreeably to the rule
and regulations of said company.
Sec. 6. Be it further enacted, That said company shall be
mpanymus mustered, and appear in full uniform, moun-ed, and under arms
fir dill and parade of inspection, at such places, and at such
time.., a,1 shall be appointed by the commander thereof. at least
four *i nes in each year, or so much oftener as rnay be required
by the rules and regulations of said company, or by the Gener-
al commanding the brigade, within which it is formed; and that
members of said company shall be exempted from all other or
further duty, under the militia laws of the Territory: Provided
however, that said company and the membf rs thereof, (nmy
thing in this section notwithstanding) shall be liable to be dialt-
ed or called out by proper authority for the defence of this 1'er-
ritory, or of the United States, or for the performance of any
othet proper public duty, always in every such case, to be draft-
ed or called out according to law.
Sec. 7. Be it further enacted, That the said company may
lules and re- adopt rules and regulations by the voice of the majority of mer.-
lations. bers, and by the consent of the captain, which when approved
by the commander-in-chief, shall bind said company: Provided
always, that the same be not repugnant to the laws of the Ter-
rltory.
S' ec. 8. Be it further enacted, That the reports and returns of
said company shall be made to and through the staff of the
General commanding the brigade to which it belongs; and that
said company shall be entitled to, and procuie a stand of col-
ours, and at dress parades of inspection or drill, appear witb
the same displayed agreeably to the usages of war.







Mill Dams. CHAP. 866. 323

Sec. 9. Be it further enacted, That the Governor of this Ter- 1835.
ritory be, and he is hereby required, it their be a sufficient num-
ber of public rifles undisposed of, at the capital, to cause said
company to be furnished with them; otherwise to make applica.
tion to the proper department at Washington, for a sufficient
number for the purpose, together with the necessary accoutre.
inents.

Passed, January 26th, 1835.
Approved, January 29th, 1835.




CHAP. S66. JNo xLlv.] A Bill entitled an act to prescribe the mode
of erecting mill dams near the town of Quincy, in the county of
Gadsden.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the passage
of this act, it shall not be lawlul for any person or persons to
dam any water for the purpose of errecting any mill, or other Erection pi
water works within three miles of the town of Quincy-in this Dams.
Territory, except under the following restrictions and regula-
tions, to wit. previous to the erecting any such dam or pond, it
shall be the duty of the persons intending to construct the
ssme, to apply to the superior or county court for a writ to be
directed to the sheriff of the county, commanding him to sum- Jury
mon twelve lawful jurors of said county, who shall be sworn be-
fore some judge or justice of the peace, and charged with the
duty of inquiring if the said dam or pond when so constructed
will prove detrimental to the health of said town.
Sec. 2. Be it further enacted, That the following shall be the
manner of summoning a jury for the trial or examination of
such cause or causes, to wit: 'the sheriff and clerk of the coun- How surme
ty court shall select from the tax list of the county all the names moned.
of the duly qualified jurors residing within the justice's dis-
trict, in which the said town is situated, and having put the same
on slips of paper into a box or hat, shall proceed to draw there-.
from, twelve names, who shall be summoned by the sheriff,
within ten days and shall constitute the jury, contemplated by
this act.
Sec. 3 Be it further enacted, That if the said jury, when so
summoned, sworn and charged as aforesaid, shall say by their
verdict, that the erection of such mill-dam, pond, or other wa- Verdict.
ter works, when so constructed, will prove'to be a nuisance, or
detrimental to the health of the said town, then it shall not be
lawful to erector construct the same.
Sec. 4. Be it further enacted, That if any person orpersons
shall violate the provisions of this act, it shall be lawful, and is
10







324 CHAP. 867. Pilotage of the Port of St. Marks.

1835. hereby made the duty of the judge of the superior or county
--- court, upon application, of the magistrate of police, to issue a
Penalty for writ, commanding the sheriff to abate the nuisance; and on re-
olaing act. fusing to abate the same, the party convicted thereof; shall be
fined in a sum not less than five hundred dollars, at the discre-
tion of a jury.
Sec. 5. Be it further enacted, That the sheriff, clerk, jury,
Costs, and justice, shall be allowed such costs as are allowed in cases
of forcible entry and detainer, to be paid by the party applying
for such mill, &c.

Passed, February 13th, 1c35.
Approved, February 14th, 1835.




CHAP. 867. [No. XLV.J An Act to nmend ao act entitled an act tore
ulate the Pilotage of the Port of St. Mark's.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the Governor of the Territory shall
)rt Wardens have power to appoint five persons to constitute a board of Port
Wardens for the port of St. Mark's, who shall continue in office
during good behaviour, or until removed by the Gonernor; and
it shall be the duty of the port wardens, so appointed, to appoint
appointment and license such number of competent persons as may be deem-
Piots. ed necessary to act as pilots for the said port, during good be-
haviour, which said pilots, so appointed, shall enter into bond
with security, to be approved by by the said board, in the sum of
two hundred and fifty dollars, payable to the Governor and his
successors, conditioned for the faithful performance of their du-
ties; and shall also, before etltering upon their office, take and
subscribe an oath, well and faithfully to discharge the same.
Sec. 2. Be it further enacted, That there shall be allowed as
s ofpilot pilotage, to each pilot, tor conducting a vessel into the port of
St. Mark's, or to any intermediate place, between the port of St.
Mark's, and the outer bar, that the captain or consignee of the
vessel may determine upon, two dollars and fifty cents per foot,
and the same for carrying a vessel out to sea.
Sec. 3. Be it further enacted, That whenever it shall be re-
irvey ofves- quired by the captain or consignee of a vessel to make an in-
s. section or survey of any vessel or cargo, it shall be the duty of
the board of wardens, or a majority of them. and for the first
visit, they shall each be entitled to receive five dollars, and two
dollars each for every subsequent visit, that may be so required;
and the said board of wardens, shall be entitled to receive ten
dollars for each license they may grant.
Sec. 4. Be it further enacted, That the first and second sec-
tions of an act entitled, "an act to regulate the pilotage of Ic-







Franklin G. Courts--Jorthern Boundary of Ala- CHAP. 868-9-70. 325
chua-Alabama, Florida, 4- Georgia R. R. Company. ,----
1835.
port of St. Mark's," approved, February the 10th, 1834, and all -
othar acts inconsistent with the provisions of this act, be, and tepealivr
the samd are hereby repealed. cause.
Passed, February 9th, 1835.
Approved, February 14th, 1835.



C.AP 868. [No. XLVI.] An Act to alter the time of holding the coun-
ty courts in Franklin county.
Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That from and after the passage of
this act the times of holdanz the county courts in Franklin coun. Second Motff
ty shall be on the second Monday in April, and on the fourth day in Aprifr
Monday in November, in each and every year; and that all laws
passed heretofore fixing the time of holding the said courts he,
and they are hereby repealed.
Passed, January 26th, 1835.
Approved, January 29th, 1835.




GHAP. 869. [No. XLVII.] An Act to change the northern boundary
line of Alauchua county.

Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That from and after the passage of
this act, the line dividing the counties of Alauchua and Colum-
bia, shall commence atethe mouth of the Santafee river, and NorthbouWd'r
run up said river,' to the mouth ot Sampson river, and up Samp-
son river to its head, and from thence, due east to intersect the
western boundary line of Duval county.
Passed, February 9th, 1835.
Approved, February 10th, 1835.




CHAP. 870. [No XLVII.J An Act to authorise the Alabama, Florida,
and Georgia Rail Road Company to continue their Road from the
line between the State of Alabama and Territory of Florida, to the
waters of Pensacola Bay.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the several sections and







326 CHAP. 871" Pilots and Pilotage at Key test.
1i35. provisions of an act passed by the Legislature of Alabama at
------ its session, commencing on the third Monday in Novembe-, in
the year one thousand eight hundred and thirty four, entitled "an
Act to incorporate the subscribers to the. Alabama, Florida, and
c e Aa -Georoga, Rail Road Comparn, be, and the same are hereby
naassented o a"enoted to, and declared to bu in full force, so as to authorise
said Company to continue said Rail, McAdamised, or other ar-
tificial Road. from the line beteenn the State of Alabama and
the Territory of Florida, to the waters ol Pensacola Bay, in the
said Territory ; and the rights and previlegos therein granted,
arc hereby secured to the said company within the limits of the
said Territory of Florida.
Sec. 2. Be it further enacted, That an act, entitled "an Act
Actof 1834 to incorporate the Florida. Alabama, and Georgia Rail Road
repealed. Company," passed the 14th Feb. 1834, and approved 15th Feb.
1834, be, and the same is hereby repealled.

Passed February 5th, 1835.
Approved February 9th, 1835.




CHAP. 871. [No. XLIX.] An Act, to repeal An Act, to provide for the
appointment of Pilots, and regulating the rate of Pilotage at Key
West, and for other purposes.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
Act o 1834 cil of the Territory of Florida, That the Act passed 15th Feb.
;epealled. 1834, to provide for the appointment of Pilots and to regulate
the rate of Pilotage at Key West, be, and the same is hereby
repealed, and that hereafter the appointment of Pilots, and the
County court regulation of Pilotage in Monroe County, shall be by the coun-
;oregulateand ty court, when assembled for county purposes, and the qualifi-
Ippoint pilots. cations and duties of Pilots, and the rates of Pilotage, shall be
the same as was established before the passage ot the before
recited Act: but the county court shall have full power to pre-
scribe other qualifications, and make any alterations in regard
to Pilots and Pilotage, as they may deem proper and requisite,
and to fine or dismiss any Pilot for improper conduct, but no
Pilot shall be appointed or dismissed except when the Judge of
the county court and three Justices be present, and concur in
such appointment or dismissal, and the Judge shall have power
to call three Justices of the county together to act up-n any
application for a branch, or upon complaint made against a Pilot,
and the Pilots now in commission shall retain their branches
until the next session of the county court, when upon applica-
tion to the court new branches shall issue to all such as the court
may think proper to grant branches to; and each Pilot shall be
fore he receives his branch pay ive dollars for the use of the







County Slie of nMadison. CiAP. 2. 827

county, and one dollar to the clerk, who shall also furnish ,ach 1 ;35.
Pilot appointed with the rules and renuli:tions establihied by --
the court in relation to Pilots and Pilotage ; and every Pil ot. I L g-iv<
shall give bond with two or more good and sufficient securtil s ,s
to be approved by the court, in the sum of one thousand dol.
lars, to the Governor of the Te ri:orv, and his successors ia
office, for the faithful performance of his duties as a Pilot,
which bond shall be recovered in any conrt of competent juris-
diction, at the first term after the bond shall be sued for, and
all Pilots in this county shall renew their branches once a year.
Passed February 7th, 1835.
Approved February 14th, 1835.




CHAP. 872. [No. L.. An Act to make permanent the County l ite ot
Madison County, and for other purposes.

Sec. 1: Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the passage
of this Act, San Pedro, in the County of Madison, heree the :an Pedro.
court house is now situated, shall be the permanent County seat
of said Counry.
Sec. 2. Be it further enacted, That it shall be lawful, and it
is hereby made the duty of the Judge of the Superior Cou t Superior court
for the District ot Middle Florida, to hold two terms of his said
court annually in said county, at the court house aforesaid: and
at the first term of holding said court to appoint a clerk to the
same, who, when appointed, shall be authorised and required to
give bond and to discharge the duties of his office, and to receive
like fees, as other clerks of similar courts within the Territory.
Sec. 3. Be it further enacted, That so soon as said court is
organized, it shall be the duty of the clerk, for the Superior Clerk of Jef-
Court of Jefferson County, to hand over to the clerk of the ferson to h.uxt
Superior Court of Madison County, all the suits and papers on over papers.
file with him, which originated from the County of Mandison,
and hereafter all writs, subpoenas, and processes of every kind,
as well those executed as those which are not, shall be returna-
ble to said Superior Court of Madison County ; and all the re-
cognizunces of said county, taken for appearances at Jefferson
Superior Court, shall be holden in force, for an appearance at the
Superior Court of Madison, and the same steps shall he taken.
,and proceedings had before said Superior Court of Madison,
as might before the passage of this act, have been had before
the Superior Court of Jefferson.
Sec. 4. Be it further enacted, That the times of commence-
ment of said court, shall be on the Thursdays after the first
Monday in June and December.









1833. S.c. 5. Be it further enacted, That the said Superior Coui
-- when sitting at San Pedro, and orgatnised as directed by this
act, shall have the same jurisdiction, except in murder or other
capitIl offence',that ik possessed in other counties of this Terri-
'ritor-y,where Superior Courts have been established and organized.
Sec. 6. Be it father enacted, That all laws and parts of laws
that contravene the provisions of this act, be, and the same are
hereby repealed.

Passed February 9th, 1835.
Approved February 14th, 1835.




CHAP. 873. [No. r..] An Act to alter the time and manner of holding
the County Courts in Monroe County, and for other purposes.

a 1,- Sec. 1: Be it enacted by the Governor and Legislative Coun-
in ay 'eil of'tih Territor; of Florida. That the times of holding county
1 Nov. courts in Monroe County, shall be on the second Monday in
May and November, in each and every year,-after the passage
of this act.
Sec. 2. Be it further enacted, That no property except wear-
ilg apparel, and 'ied clothes, shall be exempt from execution or
attachment, for the payment of the debts of any person in this
County, and that all laws passed heretofore in this Territory,
:xecntlons. exempting property from exacntion and attachment, be, and the
same are hereby repealed, and made null and void in Monroe
County.
isdition of Sec. 3. Be it further enacted, That the jurisdiction of the
rt. Territory of" Florida, in Monroe County, shall extend to all ships,
vessels, and boats, of any description whatsoever, found on
board of any such ship, vessel, or boat, lying or being on or
within island, reefs, bays, anchorages, and harbours, on the sea
coast of said county, from the N. Eastern boundary of the same
to the Westermost of the Florida Islands, and to the boundary
line of said county on the N. E. of Charlotte Hatbour, to Cape
Florida; and it shall and may be lawful for any Judge, or Jus-
tice of the Peace to issue any writ or process against any per-
son or persons, on board of any vessels or boats as aforesaid,
and to direct the same to any Marshal, sheriff, or constable,
whose duty it shall be to serve the same, and the services of
any writ or process as aforesaid, made by any officer in said
cour.ty, shall be legal, and valid in law.

Passed February 7th, 1835.
Approved Febauary 14. 1835.


328 CHAP. 873.


.110"woer Count~y couris 4-C.c







(Comnty Site of Mosquito-Margaret L. Anderson- CnAP. 874-5-6. 329
E. R. .ilberti 4& H. Saddler. L-
1835.
CHAP. S74. [No. LI.] Al Act to eslabrisi the County Siteof Mosuitoe
County.

Be it enacted by the Goveinor and Legislative Council of the
Territory of Florida, That from and after thl; passage of this
act, the County Site of Mosauitoe County :.hall be, and the
same is hereby established at New Sn.yrna, in suid County. New Sm'yr',

Passed January 27th, 1835.
Approved January 29th. 1835.





CHAP. 875. [No. LIII.j An Act to authurise Mag; r:tl L. Anderson to
sell certain Real Estate.

Be it enacted by the Governor and Legislalive Council of the
Territory of Florida, 'hat IMaigaiet L. Anderson, wife of the
late VVm. P. Anderson, and mother and natural guardian of his
infant children, be, and she is hereby authorised to sell and con- Authority to
vey any lands and lots owned by the said Anderson in his life- sel! lands.
time, in the Territory of Florida, to defray the expenses of the
maintenance and education of his infant children and heirs,
which said sales shall only be made atter her having entered .iond to
into bond, with good and sufficient security, in the sum of threat
thousand dollars, in the county court of the county within
which she resides, conditioned for the faithful application ol the
funds aforesaid, arising from said sales, to the objects above
specified.

Passed January 30th, 1835-
Approved Febrnary 4th, 1835.





CAAP. 876. [No. LIV.] An Act for the relief of Edwin R. Alberti and
Henry Sadler.

Whereas the said Edwin R. Alberti and Henry Sadler have
constructed at great hazzard and expense, a steam saw-mill, on
the St. Mary's river in the county of Nassau, known as the
wood-stock steam saw-mill, the permanency and continued
operation of which in the production of lumber will greatly con-
tribute to the interest and convenience of the country where the
iaid mill is established: Nowj therefore, that the mechanics, la'-







330; CIAP. 877-8. Elizabeth Mlurrhee--Mary J. Fontanet.

I-1.,. borers and otht r hands employed at said mill, may not be called
from their necessary engagements there, for the performance of
ix:;ltli" I road duty in said county.
'mroad duty e it enacted by the Governor and Legislative Council of
the Tetritory of Florida, That the said Edwin R. Alberti and
Henry Sadler, and the mechanics, laborers, and other hands
employed at said mill, shall be exonerated from the perform-
ance of road duty, and all liability therefore in said county of
C:omi..antatiA. i assaim for three years from the first day of March next, after
the passage of this act, upon their payment fer each of said
years into the county treasury of said county, in lieu of the per-
formance of road duty therein, the sum of twenty twenty dol-
lars, on or before the first day of September of each of said
years-said money thus paid into said county treasury to be
appropriated for the improvement and repair of roads in said
county.

Passed, January 31st, 1835.
Approved, February 4th, 1835.




CRAP. 877. [No. Lv.] An Act to change the name of Elizabeth UlTn
derwood to that of Elizabeth Murrhee.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the passage
amlchang'd of this act, Eliz:reth Underwood, of Nassau county, shall be
known and called by the name of El zibeth Murrhee.
Sec. 2. Be it further enacted, That the said Elizabeth shall
Right of in- be held and considered, in law as the child and legal heir of
h.eritaicc. William i Aurrhee, of said county; and as such, shall be entitled
to inher.it in whole, or in part his property, or so much thereof,
as she wouid !e entitled to, had she been born in wedlock.

Passed, January 26th, 1835.
Approved, January 29th, 1885.


Ml


CHAP. 878. [No. LVI.] An Act to authorise Mary J. Fontane to se!
and convey certain real estate therein described.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil ot the Teritory of Florida, That Mary J. Fontane, guardi-
Leave to sell an of harlotte Fontane, a minor, under the age of twenty-one
granted. ears be, and she is hereby authorised and fully empowered to







AUrmta Ilsiadn~doseph F. Wachob. CHAP. 879-80. 331

grant, bargain, sell, and convey, in fee simple absolute, all that 1835.
certain lot of ground, the property of the said Charlotte. situate ---
in the city of bt. Augustine, East Florida, in what is known as
Hospital street, measuring in front, north and south, twenty and
half varas, Spanish measure; and in depth, from east to west,
twenty-four varas, which said lot is bounded on the east by
Charlotte street, on the west by Hospital street, on the south, by
a lot owned by Francis Gii, and on the north, by a lot owned
by the heirs of Jo-eph Funtane, deceased.
Sec. 2. Be it further enacted by the authority aforesaid, That
a conveyance made in virtue of this act, and in due form of law,
by thd said Mary J. Fontaine, as guardian aforesaid, of the said
Charlotte, of said real estate, shall operate to extinguish forever,
all the right, title and interest, property and claim whatsoever,
of her the said Charlotte in and to said real estate, and vest in
the purchaser thereof, and in his heirs and assigns, a valid and
indefeasible title thereto, against her the said Charlotte, and her
heirs; and every other person and persons whatsoever, claiming'
or de driving title to said real estate, or to any part thereof, by,
through, or under her the said Charlotte. -

'assed, January 15th, 1835.
Approved, January 17th, 1835.




CHAP. 879. [No. LvII.] An Act for the relief of the inhabitants of
Amelia Island.

Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That the inhabitants of Amelia Is-
land, who by law are made liable to perform road duty, be and Exemptio"
they are hereby made exempt from such duty and from working fromroaddual
upon any ether roads than such as may be on said Island for the
term of two years, to be calculated from the passage of this act.

Passed, February 9th, 1835.
Approved, February 14th, 1835.




IrHAP. 880. [No. Lvm.] An Act for the relief of Joseph F. Wachob.

Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That the treasurer of this Territory
be and he is hereby authorized to pay Joseph F. Wachob out of.
any money in the treasury not otherwise appropriated, the sum'
11







332 CHAP. 88I-2. Mary T. Blocker--.ijah JAndrwet -

1835. of one hundred dollars for apprehe ndiing certain prisoners, and
--- for services rendered the Territory' certain criminal prosectu
tions in Jackson count).

Passed February 13th. 1835.
Approved February 14th 1835.





CHAP. 881. [No. LIX.] An Act for ite relief of the heirs ofMqrv T'
Blocker.
Be it enacted by the Governor and Legislati ? Council of
Leave to sell the Terriory of iFlorida, Thai it -hall and ony be lalwfIl for
:anted. John Blocker, oit Leon county, in this Tilritory. to. seil a:td is-
p'.e r t the east half of tb- !oi th east qu tie: of section thir-
teen. tov inship one, of range two, south and ca.-t, entered in the
office of tihe ileceivep, at i'al!ihliis.,ee, in the na meI of *Je..se
Block r, it, t.uis for M;.ary '. lI;loc!; r, of Florida," hol!d:g
the proc"'etl thereo' to the use of th" children of the said Ala-
ryv lockere, d reasnd.
Sc 2. le it further enacted, That before the said John
JBlockrr ,hail pto,:eed to sell the land described in the tbfrgo-
ond required il;r stctior o0 .Iblaict he sha!l enter into a bond payable to the
Governor of ti Te :it,.ry or his-successors in offi e in the
sum o' fic', uln-,ed dollars, with such senrity as the judge of
th., cou,.,. cur. ,- L:onn shall oeem sufficeile conditioned to
pay over 'e molni, .- ariising from tie sale of the a'ove descri-
bed land to 1l,, htiltrei, or the said Mary T. blocker, dec'd.

Passed, February 9th, 1835.
Approved, February 14th, 1835.




0HAP. 882. [No. LX.] An Act for the relief of Elijah Andrews.
Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That it shall and may be lawful for
Leaveto sell Elijah andiews to sell and dispose of the real and personal es-
anted. tate of whichI Jseph R. Lane died seized in the county of Le-
on, for the beneiit of his wife Mary Andrews, It te widow ol the
s;id Joseph R. Lane and of the heirs of 'he said Joseph R.
Lan'.i and to make and execute all conveyances necessary in
carryinginio effect tihe sale hereby authorized, which said con.
veyunces .hall oe us valid and effectual in law us if executed by
sid deceased in his life-time: Provided, that nothing herein








--- x
-ontained shall be construed to prejudice the right ofl dower of 1835.
said Mary Andrew., late Mary Lane in and to such estate.
'c c. 2. r1 it further enacted, That before availing himself
of the privileges conferred by the first section of ihis act the
said Elijah Andrews shall file in the office of the clerk of the
county court, of Leon county, a bond with two good and suffi- Bond required
Vient securities, in the sum.of five thousand dollars, to be ap-
proved by the judge of said court, and mad- payat~le to the
Governor of the Territory of Florida, and his successors, for
the use of the late widow and children of the said Joseph R.
Lane, conditioned to make the said sale in such manner as may
be-t promote the interests of the said widow and children and
faithfully to appropriate the proceeds in the manner, prescribed
by law, and pointed out in the first section of this act, ind also,
to make return on oath to evcy term of the county court of ex-
penses incurred.
Sec. 3. Be it further enacted, That said bond may be put in
suit successively for every violation of the provisions of this act.

Passed, February 9th, 1835~
Approved, February 14th, 1835.





CHAP. 883. [No. LXI.] An Act to authorise Mary Johnson, and John
A. Cuthbert to dispose of certain real estate.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of F'orida, That Mary Johnson, and John
A. Cuthbert, guardians of the infant children of Jeremiah John- Leave to sell
son, deceased, be and they are hereby authorised to sell and
convey any lands owned by the said Jeremiah Johnson, in his
life time, in the Territory of Florida, to defray the expenses of
the maintenance and education of the infant children, and heirs,
which said sales shall only be made,after the. parties having en-
tered into boud-with good and sufficient security, in the sum Ff Bond required
one thousand dollars, in the county court of the county within
which the said parties reside, conditioned for the faithful appli-
cation of the funds aforesaid, arising from said sales to the ob
jects above specified.
Passed, February 7th, 1835.
Approved, February 14th, 1835.


Xiary Johtnson _John ~A. Cuthbtert.


CHAP. 883. 333







834 CHAP. 884-5-6. Heirs oJ John Andreo-Elias B. Gould-WilliaTp
..- W. Jrown
1835.
SCHAP. 884. [No. LXII.] An Act to enable the Guardian of the infant
children and heirs of John Andreo deed. to convey certain Real
Estate therein mentioned.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
ciT of the Territory of Florida, That the guardian of the iniint
children and heirs of John Andleo deed. be authorised, and em-
powered, and the said guardian is hereby authorised and empow-
[eaveto sell. ered, to sell and co vey, at private sale, all the right, title, and
interest, of the said infant children and heirs as aforesaid, in
and to a certain tract of land, lying and situate on the north
river in the County of St. John's, in the i oeritory of Florida,
known as the Shell Bank tract : Provided, that upon presenting
the facts and circumstances of said sale to the Judge of the
county court, for the county of St. John's, the said Judge shall
approve of said sale; and provided also, that the said guardian
bnd required shall give, and execute to the said Judge, bond and security in
adequate amount, for the faithful management and application
of the funds received from the sale aforesaid.
Passed February 7th, 1835.
Approved February 14th, 1835,




CiA r. 885. [No. LXIII.] An Act for the relief of Elias B. Gould.
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the Auditor and Treasurer be, and
they are hereby authorised to audit and pay to Elias B. Gould,
the sum of one hundred and six dollars, the amount of his
account against the Territory, for services performed by him for
the same, which was rejected by the Auditor for want of duq
authentication, but which is deemed just and correct.

Passed February 10th, 1835.
Approved February 14th, 1835.




OHAP. 886. [No. LXiv.] An Act to legitimate and change the name
of William W. Hicks to that of William W. Brown.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil ,'f the Territory of Florida, That from and after the passage
of this act, Wm W. Hicks, of the county of Jackson, shall b.
known and called by the name of Wm. W. Brown.







JhA 0, Cleland-Rillory E. Simmons, aad ethers. CaiiS7-3

Sec. 2. Be it fuirthei en i-tc d, That th *. 'iiniiam s!l!l i Nl
held and considered in lawv as t1." child aRid l~: .1 heir oI- 1:-!'
J. Iro ,n of snid county; ':.nd as, sw h shall be entil
herit his property. or such part thereof as ie would bI eC; ,!
to, had he been horn in lawful wedlock.

Passed February 10th. 1S35
Approved February 14th, 1835.




CHAP. 887. [No Lsv.] An Act for the relief of J.hn C C:elannM
Sec. 1. Be it enacted by th., G over,.r and Legislative Coun-
cil of the Territory of Florida. That tne Auditnr and TreMi -er
be, and they ;re hereby authorized to audit nao pay to John \;.
Cleland, the sum of twenty seven dollars and twenty five cents,
the amount of his account against the Territory, tor services
pcrformcd by him as Justice of the Peace, vhi,-' w's rejeit-d
by t ir Auditor for v.a it of due authentication, but winch is
'deemed just and correct.

Passed February 10th, 1835.
Approved February 14th, 1835.




GRAP. 888. [No. LXVI.] An Act for the relief of Hillory E. Simmons
and others.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the Auditor of th-s Terri-
tory be, and he is hereby directed to audit anid allow to Illihry
E. Simmons, his account of twenty dollars, as full, comp;t:sa-
tion for his sevices.in assisting to guard thi j il in Leon countyy
up to the nineteenth day of April, in'tho year eighteen hnnded
and thirty four; also, to audit and allow the account of .J ,in
D. Col,-mon, to the amount of fourteen dollars, for siailai ser-
vices, up to the fourteenth day of April of the same year-also,
to audit and allow the account of John Reynolds, to the amount
of one hundred and thirty seven dollars, for similar serv'ic. ,p
to the twentieth day of November of the same year-also, to
audit and allow the account of E. K. Freeman, to the amount of
one hundred and fifty five dollars, t0i similar servic-'s, up to
ihe twelfth day of December, of the same year.
Sec. 2. Be it further enacted, 'Tht the vc rral s,, m of moneyy
mentioned in the 1st Sec. of this Act, be, aicd they are hereby







336 CHAP. 889-90-1. Mary P. Harker-Edward Chandler-Jas. Stuari.

1l35. dire, ted to he pail oul of any money in the Treasury not other.
--- wise approp::at(d.

Passed, February 14tb, 1S25.
Approved, February 14th, 1835.




GHAP. 8S9. [No. LXVII.] An Act to change the name of Mary P.
Harker, of St. Joh 's County.
Be it enaeted, That the name of Mary P. Harkcr, of St.
John's County, formerly Mary Dexter, be, and it is hereby
changed, and declared to be Mary P. Dexter, by which last
nanm. she shall be known and reconised.

Passed February llth, 1835.
Appoved February 14th, 1835.




CHAP. 890. [No. LXVIII.] An Act for the relief of Edward Chandler.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil ol' the Territory of Florida, That the Treasurer of the said
Territory be, and he is hereby authorised and directed to pay
out of any money in the Treasury not otherwise appropriated,
the sum of two hundred dollars to Edward Chandler, late Dis-
trict Attorney, for the Southern Distiict of Florida, in full for
his services in prosecuting criminals on behalf of the Territory
in said District, from the May term 1830 of the Superior Court
to November term 1834, inclusive.

Passed February 13th, 1835.
Approved February, 14th,-1835.




CHAP. S91. [No. LXIX.] An Act to authorise James Sluart to build a
Bridge across the Ocklocknee River.
Sec. 1. Be it enactpe by the Governor and Legislative Coun-
cil of the ITerttory of il-'lrida, That James Stuart be, and he
is hereby vp-.ed wit-i the right and nower of building a Bridge,
and ci:Trged with the duties of kIeping the same in repair, across
th- ? -!lo; kneie river, at eo within thr-e hundred yards of the
place liin the road leading from Tallahassee to Georgia,







lbralham Mlitlsled. GHa. 892. 337

crosses the said river, and shall continue in the enjoyment of the 1835.
same, so long as the said James stuart, his heirs, or assigns, d b
shall keep the same in good repair, (unavoidable accidents ex- pt n repair.
crptrd) for the safe crossing o, such vehicles, &c., as travel the
road. and shall be allowed to receive the prices of toll allowed
by law, to lie receiver at tbi ferries on said river: Provided,
nevertheless, that nothing in th;s act. shall be so construed as
to authors' said Sturt to obstruct or prevent any person fin(,, a
fire access in crossing the ford of said river where the road
hall lead to. or near said Bridge.
Sec. 2. 'e it turthkir enacted, That no person shall have a Excluive rig't
right to build a Bridge, or establish a ferry, within two miles of
said Bridge, except for the use ot his or her pl-intation.
S:-c. 3 Be it further enacted. That all laws miiitating against
this act, be, ad the same are hereby repealed.
Passed Jannary 29th, 1835.
Appproved Januarv 30th, 1835.




C;ur. 892: [No. Lxx.] A Bill to authorise Abraham Millsted to estab-
lish a Feary across the Escambia River.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, I'hat Abraham itillsted be. and
he is hereby authO Ised to establish and kee a public ferry across
the Escaminbia River, at a place commonly known as Cotton's Ferry gxauled
Ferry, and that he be allowed- to charge such rates of toll as
may be from time to time established by the county court of
Escambia County.
Sec. 2. Be it further enacted, That all the right, previleges,
profits, and emoluments, of said ferry he, and aie ihreby v \c.t-
ed in the said Abraham Milisted, his heirs, executors, aumints- To a MAillstcd
trators, or assigns, for the term of four years: Provided the said
Abraham Millsted, his heirs, executors, administrators, or
assigns, shalljiways keep a flat of sufficient size and strength
to carry over-a loaded waggon and team : and shall stiicily
con:piy with the rules and regulations that may be established
by the county court ot Escambia County, or that may be here-
alter provided by law.
Sec. 3. Be it further enacted, That it shall be unlawful for Exlusiveig
any person or persons to keep a ferry within less than five miles
above or below, unless the said ferry be toll free and for his
her or tieir individual use.

Passed February 10th, 1835.
Approved February 14th, 1835.







338 CrHP. 845-6. Samicl C. Keyser-Ferry across the Ghipola;

1835. CuAx'. 893. [No. i.xxi.] A Bill to nuthorise Samuel C. Kevser to es;
tablishl a Fe,-i ;ICcrHss the Escambia river at, or near its junctiotl
with the Escambia Bay.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That Samuel C. Keyser be,
and he is hereby autho'ised to establish and keep a public ferry
across the Lscambia river at or near its junction with the Bay
of Escambia, and that he be allowed to charge such rates of
toll as may be from time to time established by the county court
of Escambia county.
Vested rights. Sec. 2. Be it further enacted, That all the rights, privileges.-
profits and emoluments of said ferry be, and are hereby vested
in the said Samuel C. Keyser, his heirs, executors, administra-
tors or assig4 s, for the term of ten years: Provided the said
Samuel C. Keyser, his heirs, executors, administrators or as-
signs, shall always keep a flit of sufficient asze and strength to
carry over a loaded wagon and team: and shall strictly comply
with the illes and regulations that may be established by the
county c >urt of Escambia county, or that may be hereafter
provided by law.
Exclus Sec. 3. Be it further enacted, That it shall be unlawful for
Sany person or persons to keep a terry williin less than three
miles above or below unless the said ferry be toll free and for
his, her, or their individual use.

Passed, February 10th, 1835.
Approved, February 14th, 1835.




CHAP. 894. [No. LxxII.] An Act to establish a Ferry across the Chi-
pula river near Marianna.

Be it enacted by the Governor and Legislative Council of
--the Territory of Florida, That the county court of Jackson
county or the judge of said court and four justices of the peace
Fery mayos shall have authority to establish a ferry over the Chipola river,
on either of the public roads leading from the town of Marianna
eastward across said river.
Sec. 2. Be it further enacted, That said court shall have au-
thority to grant under such restrictions as they may deem prop-
Privilege ofer to any individual lor the term of-two years, the right of keep-
keeping. ing said ferry: Provided all rights accruing under said charter
shall be forfeited when a bridge suitable for crossing shall be
erected over said river on either of the roads atoresaid.
Passed, February 11th, 1535.
Approved, February 141h, 1835.







Charles HaU-Ferry across the St. John's .CHAP. 895-6 339

CHAP. 895. [No. LXXIII.] A Bill to authorise Charles Hall to estab- 1S35.
lish a terry across the river Perdldo.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of "lorida, That Charle., Hall be, and he is
hereby authorized to establish and keep a public ferry across
the river Perdido where the road made by the United States
from Pensacola to Blakely, Alibama, crosses said river; and
that he be allowed to charge such rates of toll as may be from
time to time established by the county court ot Escambia county.
Sec. 2. Be it further enacted, That all the rights, privileges,
and emoluments of said ferry be, and are hereby vested in the
said Charles Hall, his heirs, exn, utors, administrators, or as-
signs, for the term of five years: Provided the said Chales
Hall, his heirs, executors, administrators, or assigns, shall al-
ways keep a flat of sufficient size and streonth to carry over a
loaded wagon and team. And shall strictly comply with the
rules and regulations that may be established by the County
Court of Escambia county, or that may be hereafter provided
by law.

Passed February 10th, 1835.
Approved February 14th, 1835.





CHar. 896. [No. LXXIV.] An Act to establish a'Ferry across the St.
John's river.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
eil of the Ter itory of Florida, That John M. Bowden be, and
he is hereby authorised and vested with the right and charged
with the duty of keeping a ferry, for the term of five years
across the St. John's river at a place called Mandarin.
Sec. 2. Be it further enacted, That it shall be the duty of the
said John M. Bowden, to keep a sufficient number of boats
for the accommodation of passengers; and should he fail to do
so for the space of three months, all the right vested by this act
shall cease and be forfeited.
Sec. 3. Be it further enacted, That if any person shall at-
tempt to keep a ferry, or transport any person or property across
the St. John's river, within half a mile of said ferry, and receive
therefore any compensation, either directly or indirectly, such
person or persons, for every such offence, shall forfeit and pay
to the said John M. Bowden, or his assigns the sum of ten dol-
lars, to be recovered in any competent court in the Territory.
Sec. 4. Be it further enacted, That the said John M. Bowden
shall be entitled to charge and receive such ferriage, and sub-
12







3~46 CHAP. 897-8. John Wambl -Abraham Smith.
1835. ject to such regulations, as shall be established by the count
a.--L court of Duvai county.

Passed, February 9th, 1735.
Approved, February 14th, 1835.




H a. 897. [No. LXXV.] An Act to authorise John Wamble to estab-
lish a Ferry across the Ocilla river.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil ,:' hte Territory of Flerida, That John Wamble be, and he
is hereby aut orised to establish, and keep a public ferry across
the Ocilla river, at or near the flat-ford on said river; the ratcs
of toll to be subject to the regulations of the county court, or
a court composed of three justices of the peace.
Sec. 2. Be it further enacted, That all rights, privileges, prof-
its and emoluments of said ferry be, and are hereby vested in
the aforebaid John Wamble, his heirs, executors, administrators,
or assigns, for the term of five years, unless a causeway should
sooner be established. Provided, said John Wamble, his heirs,
executors, administrators, or, assigns, shall always keep a flat
of sufficient size and strength to carry over a loaded wagon and
team, and shall strictly comply with the rules and regulations,
established by the county court, or that hereafter may be pro.
vided for by law.
Sec. 3. Be it further enacted, That it shall be unlawful for
any person or persons, to keep a ferry on said Ocilla river, with-
in one mile above or below, unless said ferry be toll free, and
for his or their individual use.

Passed, February 7th, 1835.
Approved, February 14th, 18S35




hAP. 898. [No. LxxvI.1 An Act to authorise Abraham Smith to es-
tablish a Ferry across Bell's river and St. Mary's river.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida. That from and after the passage of this
act, Abraham Smith shall have the right to establish a ferry
across Bell's river, Nassau county, and St. Mary's river in said
county at a place now known as Smith's ferry in said county;
and that no person shall have the right to establish any ferry
within half a mile of said ferry, for the team of five years, ard







.ferry across the Suwaanee-Ferry across Julington CaAP. 899-900. 341
Creek, of St. John's river. A.
1835.
that the rates of ferriage at said ferry shall be established from -.---
iime to time by the county court in said ceanty
Passed, February 9th, 1835.
Approved, February 14th, 1835.




H&AP. 890. (No. Lxxvn.I. An Act to establish a ferry across the Sa-
wannee river.

Be it enacted by ihe Governor and LegislativetdI Wiof
the Territory of Florida. That Lewrt Norton be, 'and he is
hereby vested with the riaht and power of establishing a irry,
and charged with the duty of keeping the same in repair'acro.-
the Suwannee river, about one mile above Hamlin's store in
Madison eou ty, and the said Lewis Norton shall continiiu iu
the enjoyment of said ferry for, and during the ll fui
years: Provided the said Norton shall so long keep tb'satd fer-
ry in good repair.
Sec. 2. Be it further enacted, That it shall be unlawful for
any other person or persons, to establish or keep a ferry v ithia
a half mile on either side of said ferry,.pxcept itbe for his, her,
or their own use, and not for th< purpose ofagathering or re.
ceiving toll. <
See. 3. Be it further enacted, That it shall be the duty of
said Lewis Norton, his heirs and assigns, to keep at a41g|
a good and sufficient flat or craft of sufficient size, to cross a wa-
gon and team, and that he shall be entitled to receive such toll,
as may be fixed by thecounty court of Madison county, and- 4
subject to the order of said court, or any future Legislative
Council of this Territory.

Passed, January 23d. 1835.
Approved, January 29th, 1835.





CHAP. 900. fNo L.xria.] An Act to establish a Ferry on Julingtio
creek, of St. John's county.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That Reuben Loring and John
Gerathy are hereby authorised to establish and keep a ferry
across Julington creek, from a place called New Hingham, on
.the south of said creek to Sloan's landing on the north.







342 CHAP. 901-2. John Gamble-MJartha Redman.
1835. Sec. 2. Be it further enacted, Thai it shall be unlawful for
any other person to establish or keep a ferry within half a mile
of this fr.rry, by this act provided for, for the space of five years;
and it shall be the duty of the said Loring arnd Gerathy, at all
tim s, to keep sufficient boats and.fluts to cross passengers, wa-
gons or carts over said creek; and they shall be entitled to re-
ceive at said ferry, toll at such rates, and shall be subject to
such regulations as may be established by the county court of
St. John's, and the Legislative Council.

Passed, February 14th, 1835.
Approved, February 14th, 1835.




RHAPI.'901.'[No..LXxxx.] An Act to divorce John Gamble from his
wife Sarah Gamble.
Be. ihacted by the Governor and Legislative Council of the
Te4tory of'Florida, That the marriage contract heretofore
subsisting between*John Gamble and Sarah Gamble be, and the
same is hereby dissolved, and that the said John GamLle be
hereby released from all duty to, or connexion with, the said
Sarah Gamble, by reasen of their said marriage, heretofore sub-
sisting as fully and completely as if the same had never existed.
Passed, Febitgry.th, 1835.
Approved, February 14th, 1835.




CHAP. 902. [No LXXX.] An Act to divorce Martha Redman from her
husband Elisha Redman.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the marriage contract
heretofore subsisting between Martha Redman and Elisha Red-
man be, and the same is hereby dissolved, and that the said
Martha Redman be hereby released from all duty to, or connex-
ion with, the said Elisha Redman, by reason of their said mar-
riage, heretofore subsisting as fully and completely as if the
same had never existed.

.Passed, February 7th, 1835.
Approved, February 14th, 1835.







Lydia H. S'arr--Hester Burke-James Johnson. CHAP. 903-4-5. 343
Cr P. 903. [No. LXXXI.] An Act to Divorce Lydia H. itarr, and 18;:5.
Robert Starr.

Be it enacted by the Governor and Leoiislitive Council of the
Territory of Florida, That Lydia 11. Starr and Robert Starr, be
and the same are hereby declared to be divorced, and the ties
and obligations of marriage heretofore existing between the iaid
parties he, and the same aro hereny dissolved and annulled;
anrid that the s-id LydiLi H. Starr and Robert Starr, from the
date of the pasaze of this Act, shall be sole and unmarried,
and free to contract rnarriage, and all other contracts, in the
same manner as if th.y never had been married Provided,
however, that the divorce granted by this act, shall not bastardise
the legitimate issue of the parties herereby divorce,).

Passed February 7th, 1835.
Approved February 14th, 1835.




gHAP. 904. LXXXi. An Act to Divorce Hester Burke and Tho.Burke,
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That Hester Burke, formerly
Hester Livingston, and Thomas Burlie, be. and they are here-
by forever Divorced, and the ties tnd obligations of matrimony
heretofore subsisting between the said Hester and Thomas, are
hereby dissolved and made void. And the said Hester Burke
and Thomas Burke, shall from the passage of this Act, be
considered as sole and unmarried, and shall be free and of tull
power to contract marriage, or to enter into any other contr at
or to do any other thing whatsoever, in as full and ample a
manner as though no marriage had ever subsisted between them.
Sec. 2. Ba it further enacted, That the name of said Hoster
Burke shall, from this time, be Hester B. Livingston.

Passed January 10th. 1835.
Approved January 13th, 1835.




CHAz. 905. [No. LxxIxm.] An Act to Divorce James Johnson and
Dorotha Johnson.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That James Johnson and Doro-
tha Johnson, bey and they are hereby declared to be Divorced,
and the ties and obligations of marriage heretofore existing









1835. between said paitie; be, and the same are hereby dissolved auL
- annulled, and that the said James Johnson and Dorotha Johsoa
from the passage of this act, shall be considered sole and un-
married, and free to contract matrimony hereafter: Provided,
however, that the divorce granted by this act shall not bastardise
the legitimate issue of the parties hereby divorced.

Passed January 20th, 1835.
Approved January 24th, 1835.




13RrA. 906. [No. LXxxxI.] An Act to Divorce Alexander Patterson
and Eliza Patterson.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That Alexander Patterson and
Eliza Patterson be, and they are hereby declared to be Divorced,
and the ties and obligations of marriage heretofore existing
between the said parties, be, and the same are hereby dissolved
and annulled, and that the said Alexander Patterson and Eliza
Patterson. from the date of the passage of this act, shell be
considered sole and unmarried, and free to contract matrimony
hereafter: Provided, however, that the divorce granted by this
act, shall not bastardise the legitimate issue of the parties hereby
divorced.

Passed January 20th, 1835.
Approved January 23d, 1835.





GHAp. 907. [No. Lxxxv.J An Act for the relief of John Robertq.
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the marriage contract heretofore
subsisting between John Roberts, a citizen of this Territory,
and Betsey, his wife, who in the year 1833, left this country,
and eloped with one William Witherington to the State of South
Carolina, be, and the same are hereby dissolved, and the said
John Roberts is hereby absolved from all and any obligations
heretofore subsisting in virtue of said marriage contract, as fully
and completely as if the same had never existed.

Passed January 20th, 1835.
Approved January 23d, 18.


844 OHaP. 876-7.


Alexander Patterson-John Roberts.