Acts of the Governor and Legislative Council of the Territory of Florida

ACTS

OFr TE

GOVERNOR AND LEGISLATIVE COUNCIL,

or THu

Passed at the Fourteenth Session.

BEGUN AND HELD AT THE CITY OP TALLAHASSEE, ON MONDAT
JANUARY 4TH, AND ENDED SUNDAY FEBRUARY 14TH, 1S36.

Published by Authority.

TALLAHASSEE:
WmtLum W aMw-Printer.

1830.

ACTS

OP THE

GOVERNOR AND LEGISLATIVE COUNCIL,

OF THE

ilammiaZD < (P ?3 b&Um323 a

Passed at the Fourteenth Session.

BEGUN AND HELD AT THE CITY OF TALLAHASSEE, ON MONDAY
JANUARY 4TH, AND ENDED SUNDAY FEBRUARY 14TH, 1836.

Published by Juthority.

TALLAHASSEE:
WfiLLU Wuiow-Printer.

1838.

TITLES TO THE ACTS.

1836.

CHAP. 912. INo. i.] An act to change the County Seat and place of hold-
ing the Superior and County Courts of the County of Franklin, and
for other purposes.
Cn.P. 913. [No. t ] An act to Organize a Regiment in Franklin Coun-
ty to be called the Eleventh Regiment.
CHAP. 914. No. in.l An act declaring the Econfeeno Riverin Washing-
ton County, a Navigable Stream.
CHAP. 915 INo. Iv.) An act to alter and change the time of holding the
County Courts of Madison County.
CHAP. 916. INo. v.] An act authorizing the Sale of the Real Estate of
Thomas Goff, deceased.
CHAP 917. (No. vi.] An act concerning the Executive Staff.
CHAP. 918. |No- vi.1 An act to establish Two Terms of the Superior
Court in Columbia County.
CHAP. 919. INo. viii.] An act to legitimate and change the name of Est-
hei, George W. and Riley Crews:
CHAP. 920. [No. IX.] An act to amend an act, entitled an act to orga-
nize and regulate the Militia of the Territory of Florida; and to re-
.pealan act, passed 1st day of February, 1832," and for other pur-
poses.
CHAP. 921. [No. x.] An act to amend an act, entitled an act to incor-
porate a Company to be called the Lake Wimico and St- Joseph's Ca-
nal Company," passed February Ilth, 1835.
CHAP. 922. tNo. xt.] An act, entitled an act to declare Feneholaway
River, in Madison County, a Navigable Stream.
CHAP. S23. (No. xu.) An act to establish an Academy on the lands ot
John A. Willey, of Leon County,
CHAP. 924. (N,. xin.) An act to make permanent the County Site of
Hamilton County.
CHAP. 925. [No. xvj. An act, entitled an act to repeal part of the fifth
section of an act, entitled an act to make permanent the County beat
of Madison County," and for other purposes.
CHAP. 926. [No. xv.j An act to Organize a Regiment in the County of
Columbia, to be called the 12th Regiment.
CHAP. 927, [No, xvi, An act to authorize and permit John M'Lemore
to build a Bridge across the Suwannee River, at the Gadsden Spring,
on said River,
CHAP. 928. [No. xvii.J An act,'entitled "an act to legitimate and change
the name of G. W. Carter."
CHAP. 929, [No. xvii.1 An act to divorce Sarah B. Shelton from her
husband Philo N. Shelton,
CHAP. 930. [No. xix.] An act respecting the hostile Negroes and Mulat-
toes in the Seminole Nation,
CHAP. 931. [No. xx.] An act to authorize Jared P. Barber to establish a
Ferry across the St. Mary's River,
CHAP, 932, [No. xxi.] An act to fix the place of holding the Superior and
County Cour:s, in and for the County of Alachua,
CanP. 9 3, [No. xxii.] An act to authorize Thomas Cooper to establish
a Ferry across the Escambia Rivir.
CHAP. 934. [No. xxII.] An act to authorize William M. Loftin to estab-
a Ferry across the Eastern Arm of St. Andrew's Bay.
CHAP. 935. (No. xxiv.] An act to amend an act, entitled an act to a-

.end an act entitled an act to organize and regulate the Militia of the
'erritory of Florida. and to repeal an act passed the first day of Fe-
oruarv, 1 32," and for other purposes.
CHAP. 93[. 1No. xxv. An act to autuorize the County Court of Escam.
iia County to admit to probate the last Will and Testament of Antonio
Villaverde, deceased.
CHAP. 9)7. [NO, xxvi] An act to organize a County to be called Dade
County.
C1eAP. 938. (No, xxvii.] An act in addition to an act, entitled an act to
establish and regulate the rates of Pilotage for the St. John's and Nas-
sau Rivers.
CHa. 93. 99. No. xxviii. An act for the settlement of certain Claims
therein staetd.
CHAP. 910. [No. xxix,] An act to repeal an act to authorize John M.
Wright to establish a Ferry on the Ocklocknee River, and for other
purposes.
CHAP. 9,1. [No. xxx.] An act to amend the several acts now in force re-
lating to Roads, Highways and Bridges,
CHAP. 9i2, (No. xxxI.} An act for the relief of James Stewart.
CHAP. 943. [No, xxxni, An act to incorporate the Pensacola Steam Saw-
mlil Company.
CHaP. 944. (No. xxxui.] An act to alter and change the times of holding
tic County Courts in Wash'ngton County.
CHAP. 945. INo. xxxiv.] An act to alter and fix the time of holding the
Spring Term of the Couny Court of Duval County.
CHAP. 946. [No. xxxv.] An act to amend the Charter of the Union Bank
of Florida.
CHAP. 947. (No. xxxvi.] An act to incorporate the City of St. Joseph.
CHAP. 918. (No, xxxviu. An act to enable Executors, Administrators,
and Guardians, to sell the teal estate of Infants.
CHAP, 919, [No, xxxviii,] An act amendatory and explanatory of the
Militia Laws now in force in this Territory.
CaPr, 950, [No, xxxix,) An act in further addition to the several acts
now in force regulating Judicial Proceedings.
CHAP, 951, [No, XL,) An act to organize an additionalRegimentof Mi-
litia in the Counties of Madison and Hamilton.
CHAP, 952, (No, XLI,) An act respecting certain Records in the Clerk's
Office of Columbia County.
CHAP, 953, (No, xLII,) An act to establish and organize a Corps of Mi-
lltary exempts in the City of St, Augustine,
CuaP, 954. (No, XLIII,) An act for the relief of Albert G. Tomlinson.
CaP, 955, (No, xLIV,) An act to alter and change the Terms of the Su-
perior Courts for the Middle Dis:rict of Florida.
CUaP, 956, (No, xLv,) An act to amend the act, entitled an act incor-
porating the Town of Appalachicola."
CHAP, 957, (No, XLVI,) An act to amend an act concerning Depositions,
passed November 17th, 1828.
CHAP, 958, (No, xt.vI,) An act to amend an act declaring Juniper Creek
in Escambia County, a Navigable Stream."
CHAP, 959, (No, XLVII,) An act to alter the Charter of the Life Insur-
ance and Trust Company.
CHAP, 960, (No, XLIX,) An act to authorize the County Court of Jack-
son County, to levy a Tax for the building a Jail, and for other pur-
poses.
CHAP, 961, (No, L,) An act to amend "an act, regulating the mode of
suing out Writs of Error and Prosecuting Appeals in the Territory of
Florida," passed February 8th, 1832.
CHAP, 9!;2, (No, LI,) An act to improve the Capitol Square in the City
of Tallahassee, and for other purposes.
CHAP, 9i3, (No, Li,) An act to repeal an act to establish a Ferry over
the Waukulla. River, at St, Marks," and for other purposes.
CHIP, 964. (No, La,) An act for the relief of theMilitia and Volunteers
of Florida called into the service of the United States during the pre-
sent Indian War.

IV

CHAP, 965, (No, LIV,) An act to repeal an act concerning Patrols, passed
February the 6th, 1834, and for other purposes.
CHAP, 966, (No, LV,) An act for the relief of the Central Bank of Flori-
da,
CHAP, 987, (No, LTv,) An act respecting the Escheated Estate of William
Prirchard, deceased.
CHAP, 93S, INo, LVI,] An act to grant a lease of One Section of the
School Lands to J. A. L. Norman, for the purposes of Education.
CHAP, 959, (No, LrIu,) An act amendatory of the several acts relating
to the -chool Lands in the Territory of Florida.
CHAP, 970, (No, Lt,) An act for the relief of PaulM'Cormick, of Leon
Counny.
CHAP, 971, (No, LX,) An act to Incorporate the St, Augustine and Pico-
lata Rail-Road Company.
CHAP, 972, (No, LXI,) An act Incorporating the Bank of St, Joseph.
CHAP, 973, (No, LXII,) An act to Incorporate the Florida Insurance and
BaDKing Company.
CHAP, 974, (No LX1i,) An act to organize the Tallahassee Guards.
CHAP, 975, (No, LxIv,) An act to amend an act, entitled an act to pre-
vent Trespasses and Depredations on Lands within the Jurisdiction of
the Territory of Florida.
COAP, 976, (No, LXV,) An act to Incorporate the St, Joseph Insurance
Company.
CHAP, 977, (No, LxvI,) An act to Incorporate the City of Key-West.
CHAP, 978, (No, LxvIt,) An act for the Compensation of the Members
and Officers of the Council, and for other purposes.
CHAP, 979, (No, LYxvII, An act to provide for the more Effectual Defence
of the Territory of Florida, and for the Militia and Volunteers of said
Territory Employed in that Defence.

ACTS

OF THE

GOVERNOR AND LEGISLATIVE COUNCIL,

OF THE

eBiBWiSHra' P s 'S t WAiaai~i e

PASSED AT THE FOURTEENTH SESSION, BEGUN AND HELD AT THE
CITY OF TALLAHASSEE, ON MONDAY JANUARY 4TH, AND
ENDED SUNDAY FEBRUARY 14TH, 1836.

JOHN H ET'rN, Governor. GEORGE K. WALKER, Secretary of the Ter.
ritory. RICHARD FITZPATRICK, President of the Council.

CHAP. 912. [No. i.] An Act to chance the County Seat and place of
holding the Sulperior and County Courts of the county of Franklin,
and for other purposes.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the County Seat of the county of
Frnklin, shall bo the City of St. Joseph, in the said County; County Seat.
and the Superior and County Courts of said County, shalkhe
held at said County Sent, it the times designated by law: And
that the Judge and Clerk of said County Court, and Sheriff of
said County, shall reside at the said County Seat, or their offi-
ces become vanattd.
Sec. 2. And'he it further enacted, That the provisions of this
act shalt take effect and be in force from and after the adjourn. Wheninforce
ment of the next Superior Court for the county of Franklin; and
thereafter, ill writs, hail bonds, appearances, and process of
every kind and description, whether returnable at Apalachicola

or not, shall be, and the same are declared to be returnable at
the City of Joseph; at which place, the terms of said Courts
shall be held for said County at the same time as is heretofore
stipulated, in reference to the Courts at Apalachicola, any law
to the contrary notwithstanding.

Passed, January 14th, 1836.
Approved, 17th January, 1836.

Caa. 918. [No. n.] An Act to organize a Regiment in Franklin
County to be called the Eleventh Regiment.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That a Regiment of Militia shall be
formed in the county of Franklin, to be called the Eleventh Re-
giment; and that the same shall be organized according to the
Militia law of this Territory; and that the Eighth Regiment
shall be composed of the Militia in the counties of Washington
and Walton.

Passed, January 15th, I836.
Approved, 19th January, 186.

CGs. 914. [No. ni.] An Act declaring the Econfeeno River, ir
Washington County, a Navigable Stream.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the River situated in Washington
county, and known by the name of the Econfeeno, discharging
Econfeeno na-is waters into the Bay of St. Andrew'&, is hereby declared, and
viable. is hereafter to be recognized in law as a navigable stream, at
least as high up said River, as the place known and designated
as William Gainer's bridge.
Sec. 2. Be it further enacted, That it shall not be lawful to
erect any bridge, or other impediment across said River, or to
make any obstructions therein, by which the free navigation
thereof may be obstructed; and such bridge, impediments, or
obstructions, are hereby declared common nuisances, and may
Obstructions be proceeded against and removed as such ; and if any person
may be remo- er persons shall raise, erect, or build any such bridge or impedi-
ment, he or they shall be liable for double the damages sustained
by any person or persons, by reason thereof; and shall also be

S
liable to indictment for a misdemeanor, and on conviction there-
of, shall be punished by fine not exceeding five hundred dollars :
Provided, however, This act shall not prevent the erection of
any bridge, or other works which shall not obstruct the free na-
vigation of said river for boats drawing three feet water, or for
rafts of timber or lumber of every description whatsoever.
Sec. 3. And be it further enacted, That this act shall be in
full force from and after its passage.

Passed, January 15th, 1836.
Approved, 18th January, 1836.

CHaP. 915. [No. Iv.] An Act to alter and change the time of holding
the County Courts of Madison 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 County Courts of Madison county shall be held on the Court when
first Monday in April and October. held.
Sec. 2. Be it further enacted, That all laws or parts of laws,
conflicting with the true intent and meaning of this act, be, and Repealing
the same are hereby repealed. clause.

Passed, January 14th, 1836.
Approved, 14th January, 1836.

CHAP. 916. [No. v.] An Act authorizing the Sale of the Real Estate
of Thomas Goff, deceased.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That it shall and may be lawful for Owen
Williams and John Widliams. administrators of the estate of
Thomas Goff. late of the county of Jackson, in the Teritory of sale autho-
Florida, deceased, to sell and dispose of the real estate, of which rized.
the said Thomas Geff died possessed, upon filing in the office of
the clerk of the county court of the county aforesaid, bend in the Bond.
amount of one thousand dollars, payable to the Governor of the
Territory of Florida, or his successors in office, with security, to
be approved by the clerk of said Court: conditioned, that the
said Owen Williams and John Williams, administrators afore-
said, pay over the proceeds of said sale to the legal representa-

tives of the said Thomas Gff, deceased, in the proportion as
they may be respectively entitled.
Sec. 2. Be it further enacted, That the said Owen Williams
and John Williams, be, and they are hereby.vested with full
power to sell and dispose of said real estate as aloresaid, either
How sold. at private sale or public outcry, on such terms and at such times,
as to them may deem expedient.
Sec. 3. Be it further enacted, That this act shall be in full
force fromn and after its passage.

Passed, January 15th, 1836.
Approved, 19th January, 1836.

CHAP. 917. [No. vi.] An Act concerning the Executive Staff.

Be it enacted by the G..vernor and Legislative Council of the
Territory of Florida, Thut the Governor of s.mid Territory be,
and he is hereby authorized to increase nnd enlarge the number
of the Executive Staff, as in his discretion the public service
may require.

Passed, January 14th, 1836.
Approved, 17th January, 1836.

CHAP. 918. [No. vu.] An Act to establish two Terms of the Superior
Court in Columbia county.

Be it enacted by the Governot and Legislative Council of the
Territory of Florida, That it shali be Ihtvful, and it is hereby
made the duty of the Judge of the Superior Court for the East-
ern district of Florida, to hold two terms of his said Court an-
Courtestab. nually in Columbia county, at Alligator, at the place at which
lished. county business is now transacted : And at the first term of
holding said court, to appoint a cle k to the same, who when
appointed, shall be authorized and required to give bond, and
to discharge the duties of his office, and to receive like fees na
other clerks of similar Courts within the Territory.
Sec. 2. Be it tuither enacted, '1That so soon as said court is
organized, it shall be the duty of the clerk of the Superior Court
of Alachua county, to hand over to the clerk of the Superior
Papers, &.in Court of Columbia county, all the suits and papers on tile with
Alachua. him, which originated from the county of Columbia; and here-

after, all writs, subpoenas, and process of every kind, as well as
those executed, as those whi'.h are not, shall be returnable to
said Superior Court of Columbia county; and all the recogni-
zances of said county taken for appearances at Aluchna Supe-
rior Court, shall be holden in force for an appearance at the Su-
perior Court of Columbia, and the same steps shall he taken
and proceedings had before said Superior Court of Columbia, as
might before the passage of this act, have been had before the
Superior Court of Alachua.
Sec. 3. Be it further enacted, That the times for commence-
ment of said court, shall be on the third Mondays in May and Court when
December. held.
Sec. 4. Be it further enacted, That the said Superior Court,
when sitting at Alligator, and organized asdirected by this act,
shall have the sanie jurisdiction that is possessed in other coun- Jurisdiction.
ties of this Territory, where Superior Courte have been estab-
lished and organized.
Sec. 5. Be it further enacted, That all laws and parts of laws
malitating against the true intent and meaning of this act, be,
and the same are hereby repealed, so far as they conflict with Repealing
same, and no farther, clause.
Sec. 6. Be it further enacted, That the place at which this
act contemplates the Superior Court of Columbia county to be
held, shall be called and known by the name of Lancaster. Hameofse urt

Passed, January 15th, 1836.
Approved, 18th January, 1838.

CHAP. 919 fNo. vin.] An Act to legitimate and change the names of
Esther, George W. and Riley Crews.
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That from and after the passage of this
act, Esther, George W. and Riley Crews, of Columbia county,
shall be known and called by the names of Esther, George W.
and Riley Howell.
Sec. 2. Be it further enacted, That the said Esther, George
W. and Riley, shall be held and considered in law, as the chil-
dren and legal heirs of Joseph Howell of said county; and as
such, shall be entitled to inherit in whole, or in part, his proper-
ty, or so much thereofas they would be entitled to, had they
been born in wedlock.

Passed, January 15th, 1836.
Approved, 18th January, 1836.

CHAP. 920. [No. ix.] An Act to amend an Act, entitled An Act to
organize and regulate the Militia of the Teritory of Florida; and
to repeal an Act, passed 1st day of February, 1882," and for other
purposes.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That where elections have net been held
in the several Regiments in this Territory for the offices of Co-
lonel, Lieutenant-Colonel, and Major, in compliance with the
Militia laws of the Territory; or when held; the officers so se-
lected, have not complied with said laws, it shall and may be
Officerswhen lawful for the Governor of the Territory of Florida, to nominate
nominated by such persons as he may deem proper to fill said offices to the
Governor. Legislative Council, and after a concurrence therein by said
Council, to duly commission the same: But the Governor may
appoint any of said officers in the recess of the Legislative
Council.
Duty of Colo- Sec. 2. Be it further enacted, That it shall be the duty of the
nets. said Colonels so commissioned, as well as of those already in
commission, to proceed forthwith and enrol all citizens liable to
military duty in their respective Regiments-form and organize
the same into companies-order elections for captains and lieu-
tenants for said companies alter five days notice: And in case
said elections are not held on the day prescribed the colonels
atoresaid are enjoined to inform without delay, the brigadier-
generals of the same, who shall have power to appoint said offi-
cers; and the Governor is hereby authorized to commission
the same: And it shall be the duty of the several captains, on
their being elected, or so appointed and commissioned, to see
that their respective companies are duly organized; and to ar-
rest such officers and privates as shall neglect their duty, and
detail a Court Martial for their trial.
Sec. 3. Be it further enacted, That the several officers so
appointed and commissioned by virtue of this act, shall hold
Commission their commissions for the term of twelve months from the pas-
for 12 months. sage of this act.
Sec. 4. Be it further enacted, That the Governor of the Ter-
ritory of Florida is hereby authorized and empowered to make
Volunteers. proclamation for, and receive volunteers-to organize them into
companies, unless already formed; commission officers when
duly elected, and assign them to their respective regiments or
commands.
Sec. 5. Be it further enacted, That the Governor of the Ter-
ritory of Florida be, and he is hereby authorized and empowered
in cases of invasion, insurrection, or any other imminent danger
Requisition to the citizens of this Territory, to make requisitions tor troops
for troops, on the several counties, proporlionably, as near as may be, to
their respective force of each county, to be ascertained by refe-
rence to the election returns; and it shall be the duty of the
several officers in said counties forthwith to obey said requisi-

tions, and furnish the quota required : And in case there are
not sufficient volunteers in the several counties to furnish said
quota, it shall be the duty of the colonels, or the commanding
officers of said counties, to make up the deficiency by draft; but
it is expressly provided, that those drawn to servo, may be ex-
cused by finding some able-bodied substitute to serve in their
stead: And all troops, whether drafted or volunteers, when in
service, are hereby declared to be subject to the Rules and Arti-
cles of War, as established by the United States: And the
troops thus raised, shall be subject to serve during a period of
six months, unless sooner discharged.
Sec. 6. Be it further enacted, That in case any commissioned
officer above the rank of captain shall fail to comply with the
requisitions of this act, he shall be fined in a sum not less than Fines.
three, nor more than five hundred dollars; and officers below
that rank, shall also be fined in a sum net less than one hundred,
nor more than two hundred dollars: Said delinquent officer
shall also be forthwith arrested, and a Court Martial detailed for
his trial; and said Court Martial shall have the power of pJn-
ishing said officer in such manner as officers in the United
States' service are subject to be punished for disobedience of
orders. And should any private, after being enrolled and drafted,
refuse to serve, he shall be fined in a sum not exceeding fifty
dollars, at the discretion of the Court Martial: And when any
private shall have been drafted and fined as aforesaid, he shall
immediately thereafter be liable to a second or third draft, sh ,uld
it be deemed necessary to make it, to fill up the number required
from the county: Said fines to be collected after the manner
prescribed by the act, to which this is an amendment, and shall
be paid over as soon as collected, to the Pay-Master of the Re-
giment; subject to such disposition as may be deemed expe-
dient by the several officers of the regiment, and shall constitute
a Military fund : And said fine shall be forthwith paid, or satis-
facto-ily secured, or an able-bodied substitute furnished.
Sec. 7. Be it further enacted, That the Governor of the Ter-
ritory of Florida be, and he is hereby authorized and empowered Gov.mav bor
to borrow a sum not exceeding twenty thousand dollars on the row S20,000.
faith of the Territory, to be applied for the defence of the coun-
try, as he may deem expedient and proper.
Sec. 8. Be it further enacted. That all acts regulating the
Militia of this Territory, so far as they conflict with this act, are
repealed; and that this act be in force from and after its pas. Repealing.
sage.
Sec. 9. Be it further enacted, That as soon as this act shall
become a law, five hundred copies be forthwith printed, and the
Governor of the Territory is hereby empowered and requested
to furnish copies thereof to the several officers of their respec-
tive regiments, as soon as may be.
Passed, January 15th, 1836.
Approved, 15th January, 1836.

OCHn. 921. [No. x.] An Act to amend an Act, entitled "An Act
to incorporate a Company to be called the Lake Wimico and St.
Joseph's Canal Company," passed February 11th, 1835.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the name and style of the Lake
Win.ico and St. Joseph's Canal Company shall be changed;
and said company shall, from and after the passage of this act,
Name 4- style be known by the name and style of The Lake Wimico and St.
changed. Joseph's Canal and Rail Road Company;" and that the said
company, and their successors shall be and remain a body poli-
tic and corporate, by the name and style last aroresaid; and by
that name shall have, exercise, use, possess, enjoy, and hold all
all the rights, powers, privileges, exemptions, benefits, immuni-
ties and authority given, granted, conferred, bestowed, author-
ized, or permitted to the said The Lake Wimico and St.
Joseph's Canal Company," by the act above cited, or by this act
as hereafter provided; and shll further have, exercise, use, pos-
sess, enjoy, and hold all the -rights, powers, privileges, exemp-
tions,-benefits immunities, and authority, given granted, enfor-
Tallahassee ced, bestowed, authorized or permitted to The Tallahassee
R. R. charter Rail Road Company," by the :,ct entitled An Act to incorpo-
applicable, rate the Tallahasse Rail Road Company," passed Feb. 6th,1834,
so far as its provisions and stipulations can be made to apply to,
and be complied with, by said The Lake Wimico and St. Jo-
seph's Canal and Rail Road Company," with respect to the
Rail Road now being constructed from the Bay of St. Joseph
to the navigable waters of Lake Wimico; or any other Rail
Road or Canal now being, or hereafter to be constructed by said
company, from any point on the waters of the Apalachicola Bay
or River, or their tributaries, to the Bay of St. Joseph or its
tributaries; and excepting the second, fourth, fifth and sixteenth
sections of said act, each and every section thereof, and of the
several stipulations and provisions therein contained, and all the
duties, liabilities, penalties and punishments therein or thereby
created, imposed, expressed or stipulated, shall be deemed and
taken, as in force in reference to the said "The Lake Wimico
and St. Joseph's Canal and Rail Road Company," as fully, en-
tirely and completely, in all respects, and as to all the works
and property of said company, as if the several provisions of
said act were incorporated at length in this law.
Sec. 2. Be it further enacted, That all future elections of
directors fr the said company, instead of five directors, as pro-
vided by the act, to which this is an amendment, there shall be
twelve directors chosen; any five of whom shall be a quorum
to do business, and there shall he an election for seven addi-
tional directors to those now acting, at such time as may be ap-
pointed by the present board; public notice being first given
thereof.
Sec. 3. Be it further enacted, That hereafter, the annual

election for directors shall be holden.at4be offie oq said eom. Election of
pany, at the-C ity of St. Jose ph, on.the first W Jid.oCJa.iy directors.
in every year: And at all elections, and in.all vioing b i-.the
stockholders, hereafter, each share shall be entitled tooenevna(e;
and a failure to hold an election on the day hereby- deigliatw,,
shall not dissolve said corporation,;. but such election 'maya be-
held at any time appointed by the board of directors-, twenty-days#
public notice being first given theS.v. in at least two newspapers
of this Tertitory.
Sec. 4. Be it further enacted,-.That thq sf6ciliolaersof said&: Stockbetde
company, atthe.ir meetings shablthave power, by th voteaof. 'aymake by
majority of all the shares, to make, ordain,-and establish such..
by-laws and ordinances for the regulation and government ai
the President and Directors, and other officersof said company,
and in regard to their salaries:or compensationi"tlieir removal-
from office, and-in relation' to the';'appointment-of officersto ffll
vacancies, temporary 6r otherwise; and generally, 'ilth respect
to all matters expedient forr the .interests of said company, not
repugnant to. the laws iricorporEiting.said c-impany."',.
Sec. 5. Be it faitther .eneted, That -stid company saldt be,
and arb declAred to be-capable inlhiw,:ifo ptu' ase; receive, en- Piniegebi
joy, hold, possess, lease, rent, -and ietiih : to th' Qeavefi 4nd
their-successors, lands,. tenements, goods,: chattel, and eff ~i
of every kind and nature whatsutever, aI :is p.ibi.ifed i th'aeitto
which this is an amendment; and the same to grant, sell, dfi
vey, moi tga:ge or otherwise dispose of,,ds isii therein ptavided;
Sec. 6. Be it further enacted, That so much of-.th'e proviso
to the tenth section of the act to which thisisan amendment, as.
requires public noticeiof any increase of the rate of, toll ign a4crea.seo6toll
newspaper at Apaleihicola; and alto, all acts and parts facts,
conflicting with this act, be, and the.samne are. hereby repeale4,
And also, that the i:ompletion aid putting into operation;.of- the:
Rail Road now being constructed, within the rtine 4pecifieddjn
the fourteenth sections of the act to- which this is an amendteit,
shall be deemed and taken to be in compid iade with sais act,
and prevent the forfeiture expressed ia:the-afidesaid section.of
said act.
Sect. 7. Be it further enacted, Thai this act, the ac-to which Act to belibe
this is an amendment, and the act entitled-.'* An aictto incrPo.-iyoi'cnstnu'd
rate the Tallahassee Rail Road Company,'"ishall be taken'-and
deemed in all the Courts of this Territory as a public'act,',and
receive a liberal interpretation and cdastrntitioi fbr the-prorife-
tion of the objects and purposes thereof.
Sec. 8. Be it further enacted, Thtsaid cornpany ai by-sale Saiesataue.
of lands, lots, or other property, belonging thereto, at auction, tion.
shall not be compelled to employ any commissioned auctioneer,
and shall not be liable for, or compelled to pay any auctioneer's

10

eeamission or fees, or any County or Territorial tax-on account
of any such sales at auction.

Easseq, January 14th, 1836.
Approved, 14th January, 1836.

CCHA. 9~Sa- No xi.] An-Act, entitled "An Act to declare Fene-
holaway River, in Madison County, a Navigable Stream."

:Be it enacted by the Governor and Legislative Council of the
liver declar'd.Territory of Florida, That the Feneholaway-River, in Madison
aiWigalle. _County) is hereby declared, and is hereafter to be recognized as
'a navigable stream, up to the mouth of Rocky Creek.
Sec. 2. Be it further enacted, That Littleton Myrick, Samuel
B. Richardson, and Neill Campbell, be, and they are hereby ap-
Com'issioners pointed commissioners, who are, or a majority of them, shall
have full power and authority to directand superintend the open-
ing and removing of any obstruction in said River; and they
it hereby declared to have full power and authority to do and
perform all acts, and doings, that shall become necessary to ef-
fect the same.
Sec. 3. Be it further enacted, That it shall not be lawful to
erect any bridge or other impediment across said River, or to
Obstructions ake any obstruction therein, by.which the free navigation
heldasumisan- thereof may be obstructed, and all such bridges, impediments,
ces. or obstructions, are hereby declared common nuisances, and
.may be proceeded against and removed as such: And if any
person or persons shall raise, create, or build any such bridge,
impediment, or obstructions, he or they shall be liable to double
the damages sustained, by any person or persons by reason
thereof and shall also be liable to indictment.for a misdemeanor,
and on conviction thereof, shall be punished by fine not exceed-
ing five htindred'dollars: Provided, however, This act shall
not pevelht the erection of any bridge, or other works, which
shall'not obstruct the free navigation of said River, for boats
laden with cotton or other produce.
Sec. 4. Be it further enacted, That this act shall be in force
from and after its passage.
Passed, January 15th, 1836.
Approved, 18th January, 1836.

CHAP. 923. [No. xn. J An Act to establish an Academy on the lands
of John A. Willey, of Leon 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 school now in operation on the lands of John A. Willey,
shall be constituted a public Academy, by the name and style of
Calhoun Academy;" and that the-following persons be, and
they are hereby constituted and appointed Trustees thereof,
(viz:) John k. Willey, James F. Trottid, Elijah White, David
Brown, John Havis, Willard Brown, and the principal Teacher
of the said Academy, who is hereby fully empowered to act as
such, ex officio.
Sec. 2. Be it further enacted, That the said trustees shall
have full power and authority to make all by-laws which are
usual and necessary for the good government of said Academy,
and shall have power to fill any vacancy that may happen in
their body, and to do all other acts and things usually appertain.
ing to the office of trustees of public schools.

Passed, January 15th, 1836.
Approved, 18th January, 1836.

CRAP. 924. [No. xri.] To make permanent the County Site of Ham.
ilton County.
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That from and after the passage of this
act, Wallburg, in the county of Hamilton, where the Court
House is now situated, shall be the permanent seat of said
County.
Passed, 15th January, 1836.
Approved, 19th January, 1836.

CrAp. 925. [No. xlv.] An Act, entitled "An Act to repeal part of
the fifth section of an Act, entitled an Act to make permanent the
County Seat of Madison County, and for other purposes."

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the following words, "except in
murder or ether capital offences," in the fifth section ofan Act,
entitled An Act to make permanent the County Seat of Madi-

son County, and for other purposes," be repealed, and that the
balance-of said section and act be in full force and effect.

Passed, January 21st, 1836.
Approved, 25th January, 1836.

CHrP. 926. [No. xv.] An Act to organize a Regiment in the County
of Columbia, to be called the 12lh Regiment.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That a Regiment of Militia shall be formed
in the county of Columbia, to be called the 12th Regiment; and
thatth he same shall be organized according to the Militia laws of
this-Territory.

Passed, January 21st, 1836.
Approved, 25th January, 1836.

.CH.P, 927. [No. xvi.] An Act to authorize and permit John McLe-
-more to build a Bridge across the Suwannee River, at the Gadsden
Spring, on said River.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That John McLemore be, and he is here-
Right to build by invested with the right and privilege 6f building a Bridge
vested. across the Suwannec River, at Gausden Spring, in Columbia
county; and that he and his heirs shall continue to enjoy all the
rights and privileges hereby grunted, forthe term of twenty
years, and that during said term of twenty'years, no person or
persons whomsoever, shall have the right to build a Bridge, or
establish a ferry in less than three miles of said Bridge hereby
authorized to be built: Provided, That said Bridge be kept in
sufficient and proper order; and if this shall not be the case, tried
'County Court shall have authority to declare that no tolls shall
be demanded or exacted ; and to give to any other person the
right of building another bridge, or of establishing a ferry.
Sec. 2. Be it further enacted, That the County Court of Co-
Rates of toll. lumbia county, shall have the right to fix and regulate the rates
of toll over said bridge, unless the same shall be altered by the
Legislative Council.

Passed, January 21st, 1836.
Approved, 25th January, 1836.

CHAP. 928. [No. xvii.] An Act entitled An Act to legimate-and
change the name of G. W. Carter."

Be it enacted by the Governor and Lagislative Council of the
Territory of Florida. That from and after the passage of this
Act, G. W. Carter, of Leon county, shall be known and-called
by the name of G. W. Bradley.
Sec. 2. Be it further enacted, That the said George W: Brad-
ley shall be held and considered in law as the child and legal heir
of James Bradley of said county: and as such, shall be entitled
to inherit in whole or in part, his property, or so much thereof,
as he would he entitled to, had he been born in wedlock.

Passed, January 21st, 1836.
Approved, 25th January, 1836.

CaP. 929. [No. xvm.] An Act to divorce Sarah B. Shelton from her
husband Philo N. Shelton.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That Sarah B. Shelton be, and she is
hereby divorced from her husband, Philo N. Shelton, and-the
bonds of matrimony subsisting between them are hereby de-
clared to be as entirely and absolutely dissolved, as.if the same
had never been solemnized.

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

CHAP. 980. [No. xix.] Afi Act respecting the hostile Negroes and
Mulattoes in the Seminole Nation.

WHEREAS, The present insurrection of the Seminole Nation
of Indians has been chiefly excited by diverse- mischievous e-
groes and Mulattoes living with the Indians, some claiming to Preamble.
be free, others claimed as slaves by -the Indians, and others
fugitive slaves, runaways from citizens of Florida and of the ad.
joining. States, and the descendants of such fugitives: AND
WHERUAS, Said Negroes and Mulattoes are known to have aid-
ed in the massacre of Maj. F. L. Dade, and the force under his
command, on the 28th day of Deoember last past, and to have
personally amisted in the perpetration of other atrocities, and

are uow iq arms against the. g6o people of this Territory:
No w;
Be it enacted by the Governor and Legislative'Council of the
Territory of Florida, That- any Negro or Mulatto, ,ho shall in
prizes of wa any wise aid, abet, assist, cimfort.or advise any.hostile Indian,
or who shall attempt-to resist, disobey, or escape from, or elude
any of the military or civil authorities of the United States or
this Territory, or who shall be taken or.captured from the In-
dians, or among tlem, by the troops of this Territory, during
the present war on the Peninsula, shall be, and is hereby de-
clared to be a lawful prize of war, and to be forfeited, and revert
and escheat as a slave for life to the Territory of Florida, and
its assigns: And on report to the Governor of the taking of
any such Negro, Mulatto2 property or effects by any person, the
Governor shall forthwith take measures for the safe keeping of
such Negro, Mulatto, or other property or effects, and direct a
Sale, &c. sale thereof, in such manner, and on such terms and conditions
as he may deem expedient-the proceeds of such sale, after
payment of all expenses, to be paid into the- Territorial Teasu-
ry: .the said proceeds, to 'remain in the Territory, and to be
distributed by direction of the next Legislative Council of this
Territory, in such manner as may be deemed equitable and pro-
per, among the-non-commissioned officers and privates, who
shall be called into the service of this Territory, and who shall
serve in the present wae until honourably discharged.
Sec. 2. Be it further enacted, That wheresoever any such
Negro, Mulatto, property or effects, shall be claimed by any
citizen of Florida, or of any of- the United States,. the same
shall, nevertheless, be sold as aforesaid ; but such claimant may
p efer his claim to the next Legislative Council for said pro-
ceeds.
Sec. 3. Be it further enacted, That it shall be lawful for the
Governor of Florida, or the commanding olker of any of the
Outlawry. military forces of this Territory, to put to Adeao any white per-
son, Negro, Mulatto, or Indian, found in arl"a against the Uni-
ted States or this Territory-or who shall aid,' et, assist, com-
fort, or advise, in any wise, any of the hostile Indians or
Negroes, engaged in the present insurrectionary war on the
Peninsula, or who may be taken or captured from, or among the
hostile Indians and Negroes, upon the unanimous finding on
oath of a Court of Inquiry, to be composed of at least twelve
commissioned officers, that such white person, Negro, Mu-
latto, or Indian is guilty, and should be so put to death.
Sec. 4. Be it further enacted, That any person or persons,
who shall capture any slave or slaves, in any wise aiding, abet-
ting, or assisting in the present Indian war against the inhabi-
tants of this Territory, whether the same shall be claimed by
Reward to any individual or not-the person or persons so capturing,
cantors. shall be entitled to receive from the proceeds of the sale of

every such man slave, the sum of ode hundred dollars, ant for
all other slaves, the'sum of fifty dollars each.
Sec. 5. Be it further enacted, That any persa0bc. persons,
owning slaves, or other property, captured as aforesaid, shall. Owner may
have the right to.reclaim the same, if said claim bemade within reclaim, &c.
six months from the.timeaof the capture thereof, upon- paying
to the person or persons, so capturing, the sum provided in the
foregoing section; and any Negro so owned.as aforesaid, shall
not escheat to the Territory, or be considered a prize of war:
And if any slave shall voluntarily surrender him or herself, to
his or their owner, or to any other person, for said owner, such
slave shall not be construed to come within any of the provi-
sions of this act.

Passed, January 21st, 1836.
Approved, 13th February, 1836.

CHAP. 931. [No. xx.] An Act to authorize Jared P. Barbor to estab-
lish a Ferr3 across the St. Mary's River.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That Jared P. Barbor, be, and he is hereby
authorized to established and keep a public ferry across the-St. Ferry estab-
Mary's River, at or within half a mile of a place on said River, lished.
commonly called and known-as the Cowford," or Stafford's
Old Landing;" and that he be allowed to charge such rates of
TOLL, as may be, from time to time, established by the County
Court of Nassau county.
Sec. 2. Be it further enacted, That all the right, privileges,
profits, and emoluments, of said ferry, be, and are hereby vested Vested right.
in the said Jared P. Barbor, his heirs, executors, administra-
tors, or assigns, Mr the term of five years : Provided, the said
Jared P. Barber, his heirs, executors, administrators, or assigns,
shall always keep a flat of sufficient size and strength to carry
over said River, a loaded wagon and team ; and shall strictly
comply with the rules and regulations that may be established
by the County Court of Nassau county, or that may be hereaf-
ter provided by law.
Sec. 5. Be it further enacted, That it shall be unlawful for
any person or persons, to keep a ferry on said river within less
than fire miles above or below, unless the said ferry be TOLL
free, and for his, her, or their individual use.

Pamsed, January 28th, 1836.
Approved, 4th February, 1836:

~Cag. 982. rNo. xxi. Afi..ct to fix the place of holding the Superior
and County Qpurts, in andfor the Cotlty ofAlachua.

SBe it enacted by the Governio and Legislative Council of the
territory of,Florida, That: from and after the passage of this
act,'Ihe Couniy Court of Alachua county, shall'be held.at the
.County scat. 'Town of Spring Grove, instead of the house of John Dixon, as
is now dnected by law.
Sec. 2. Be it further enacted, That the County Court of
Alachun, while iri-session, transacting County business, shall
How estab- have power to select a County Seat, in and for said County,
listed. "either by appointing Commissioners to select the same, or by
ordering an election by the votes of said county, to be governed
by the same rules and regulations as are provided by law, for
the election of members of the Legislative Council.
Sec. 3. Be it further enacted, That the place selected by the
Commissioners, authorized to be appointed by this act, or-elect-
A-nd made ed by a majority of the votes of the county, shall be the perma-
permanent. nent Seat of Justice of said county.
Sec. 4. Be it further acted, That it shall be the duty of the
said County Court, after the Seat of Justice for said county is
established, in either of the ways herein mentioned, to appoint
Court Htue commissioners to contract for the building of a Court House
and Jail. and Jail, at the said place: And the said Court, in order to
raise a fund sufficient for the same, shall have power to impose
and collect taxes from time to time, as the Court may deem ne-
cessary to complete the building aforesaid.
Sec. 5. Be it further enacted, That after the Court House is
finished and received by the commissioners, it shall be the duty
of the Judges of the Superior and County Courts to hold their
respective Courts at said Court House.
Sec. 6. Be it further enacted, That this act shall take effect
from and after its passage.

Passed, January 26th, 1836.
Approved, 4th February, 1836.

CHAP. 933. [No. xxn.] An Act to authorize Thomas Cooper to es-
tablish a Ferry across the Escamnbia River.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That Thomas Cooper be, and be is hereby
Ferry. authorized to establish and keep a public ferry across the Es-
cambia River, at a place commonly known as Durand's
Bluff;" 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.

Sfc. 2. Be it further enneted. That all the rights, privilege~e
profits, andl Amolhnents olfasid ferry, b, andl are herebtbyvdid
in the sa id Thoirn,. Cooper, Lis heiir., executors, administratts
or aasirn-, f6irthe trmn of ten years : Provided, the said Tho-
mnis UCooper., his heirs. exoe-iitns, altdiiiJistrators or assignsI Privilege
sh:ll alw:iv; keep a flit of .*tifi.'iprt size and strength to carry
over i lo;ndd:l w;iyn ii anld ieiain ; iand sh.ll ..trirtly comply with
the rules .and regulations that ni y i e established by the County
Court of Escambin county, or that may be hereafter provided
by law.
Sec. 3. Be it further enacted, That it shall he unlawful for
any person or persons, to keepp a lerry within less than three Limitatioai
miles above or below, unless the said terny be toll free, and for
his, her, or their individual use: Provided, That nothing in
this act shall be so ennstrued, as to prrevnt The Alabama,
Florid:, and Georgia Rail Road Coupany" from crossing the
said river with their Roa:d, at ihe police before-mentioned, or
within three miles above and below, should said Company deem
it advisable.

Passed, January 23d, 1836.
Approved, 4th February, 1836.

CHAP. 934. [No. xxii.] An Act to authorize William M. Loftin to
establish a Ferry across the EIasern-Arm of St. Andrew's Bay.

Be it enacted by the Governr and Logislnlive Couoil o9 the
Territory of Florida, Th it William M. Lotlin, be. and be is
hereby authorized to esilablilih oand keep a public ferry across
the Eastern.ArnI of Stl. 'AnItdw's Biy, at or near the plabe on
said Eastern-Arm, known andd dsignntedas Reviere's Bluff;"
andtiihht he he allowed to chisrge' suih rates of itotl aimaybe,
frotr time t) time e4tablisheld iby the County Court ofiWashing-
toll county. "
Sei:, 2. Be it tirther en'ttedl, That all the rights, priVileges8
prraits iurd'eiioli inents 'of Iid ferry. ba, and, they arm.heeby
vested in the s:id' Willidam M. Lltin, his heirs, executors, ad-
miniastrators ort ossiits ProvitdedlA, shall keep a flat o:rMat
to sulfiiiint siz: aniid alrenuth to cnrry over a loaded'wag*i i nd
team ; rind shall comply with the rules and regulation, thatmay
be established by the'County Court ot V ashingtorid ontyit
that miy be herenfter rovidedlby lawt : :
Sec. 3. Be it further enacted. That it shall', be unlawful for
any person or persons, to establl-h or keep a ferry withiIix
4ir;; ,.Yi'-f: '* '*

irtles ofaid ferry, unless the same be toll free, and for his or
their individual use.

Passed, January 27th, 1836.
Approved, 4th February, 1886.

Cant. 985. [No. xxrr.] An Act to amend An Act, entitled An Act
to amend An Act entitled An Act to orsonize and regulate the
Militia of the Territory of Florida, and to repeal An Act passed
first day of February, 1832, and for other purposes."

Be it enacted by the Governor and" Legislative Concil of the
Territory of Florida, That all requisitions for Militia, which
Iave heretofore, or may hereafter-be made under the a t to
whihr this is an amendment, shall be for four, instead of six
months, unless sooner discharged, any thing in said act to the
contrary notwithstanding.
Passed, January 25th, 1836
Approved, 4th February, 1836.

CHAP. 936. [No. xxv.] An Act to authorize the Coucty Court of Is-
cambia county to admit to probate the last Will and Testament of
Antonio Villaverde, deceased.

'Be it enacted by the Governor and Lepislative Council of the
Territory of Florida, That the Judge of the County Court of
"-Escambi county, be, and he is hereby authorized to adrrit to
prbate in said Court, the last Will and Testament of Antonio
Villaberde, deceased, now on file in the office of the keeper of
the Pbhlic Archives of West Florida ; nod to grant Letters
Testamentary, or of Adrinistration, with the Will amnexed. and
to do aH matters and things in rekltonm to the sail last Will and
Testamlent, as are usual and authorized to be done by the Coun.
tv Courts of this Territory.
Sec. 2. Be it further enacted, That the devisees under the
said last Will and Testament, be. and they are hereby confirmed
in all the rights and privileges intended to be conferred thereby.

Passed, January 26th, 1836.
Approved, 4th, February, 1886.

CHPa. 937. [No. xxvl.] An Act to organize a County to be called
Dade County.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the district of country comprehended
within the following limits, viz:-Commencing at the Weft end Bounds ci
of Behia Honda Key, and running in a direct line to Cape Sa- county.
ble on the main land ; thence in a direct line to Lake Macaco--
thence on a direct line to the head of the North-Preng or Branch
of Pontmac, commonly known as Hillsborough River, and down
said River to the Sea, shall constitute a County to be called
Dade County.
Sec. 2. Be it further enacted, That the Governor of this Ter-
ritory is hereby empowered for the protection and administra-
tion ofl Justice in said county, established- by this act, to ap- Officers to be
point all such officers as he is authorized.by law to appoint in appointed.
the other counties of this Teriitory.
Sec. 3. Be it further enacted, That the inhabitants of said
county i;re hereby authorized to elect all such officers, civil and
military, for snid county, in such manner and at such times as
are, or ma.y be directed by l.aw, to be elected in the several To beelected.
coulnies o" this Territory. ,
Sec. 4. Be it further enacted, That the Judge of the County
Court in said county shall, after the said Coult shall be organi-
zed, hold one term of the Court at Indian. Key, and one term Courts where
at Cape Florida in each year, until the County Seat be perma- held.
nently established in said county; after which, he shall hold his
Courts at the County Seat so established; and the clerk of said
court shall keep his office there.
Sec. 5. Be it further enacted, That the Judge of the Superior
Court-ini th Southern Judicial District, shall bold one term of SuperiorC'rt
the Superior Court at Indian Key, in said county, on the first at Indian Key
Monday in December, in each and every year, until further pro-
vision be made by law for holding two terms of said Court:
And he shall appoint a clerk of said Court, who shall kesephi
office at fnudian Key, until the County Seat bd established, 'fte
which, he shall keep his office there.
Sec. 6. Be it further enacted, That the clerk of the Superior
Curt, and the clerk of the County Court in Monroe cotdaty,
shall Itrn.flr to the clerkrof the Superior Coutrt, and the clerk Papers tobe
ol thl Couuny Court of DLude county, all papers and records in tran'strred.
their respectlv e offices, belengiiig to cases, the parties to which
reside in Dade county, u'd the clerks in aUde county shall
note on their records, all such cases as may be transferred from
Monroe county.

Passed, January 28th, 1836.
Approved, 4th February, 1836.

CHia. 938. [No. xxvii.] An Act in addition to np Act, entitled An
Act to establish and regulate the rules of Pilotalge for the St.
John's and- Nassau rivers.

Be it enacted by the G..vernor and Legislalive Council of the
Territory of Florida, That no branch or license to act us pilot,
upon either of the Rivers St. Jo oh's or Niissau, or upon he
Bars at the mouth of either of the said rivers, shall hereafter
be granted to any person, except suth as shall reside a; or near
the mouth of one or the other ol' the suid rivers, for the pur-
pose of performing the duties f' pilot, in conducting vessels in
and out of said rivers : T'his uct to be so construed, as not to
dispense with any of the quaalificallns requiied, or condiiious
imposed by the act to which this is un aun edition.
Passed, February 4th, 1836.
Approved, 8th February, 1836.

Cair. 989. [No. xxrviu. An Act for the settlement of certain Claims
therein stated.

Be it enacted by the Governor and LZe'islative Council of the
Territory of Florida, Tlhat ou a tranisler by Ricihard ilaywaird
of the accredited and certified nacount hold by hui for Illding
and stitching the Laws andi Journals ol 1834, in p|amphlt lorn,
to the Executive of Fl'lida. fol tile use of tne Territory, that he
be allowed and paid out of the 'I'e.rriiiriul 'rieasury. the sum of
three hundred and thirty dol!airs ii I'ill of'said clail.
See. 2. Be it further enacted, 'lTht Richard Hayward be
paid fifty-two dollars and twven!y-fouii cents, and Philip W.
Courtney, forty-three dollars and lifty cents, out'of the 'alla-
iassee JYund, in full of tbhir accouilts for furnishing the Coua-
cil Chamber in 1835.
Passed, January 22d, 1836.
Approved, 8th February, 1836.

CHAP. 940. [No. xIix.] An Act to repeal an Act to annlhrize John
M. V right It oestliiabl a Ferry oL thie Ocklucknee river, and for
other purposes.
WHEREAS, A la,' wis passed at the Session of 1-833, autho-
rising John M1. Wright to establhh a Ferry on the Ocklocknee

River : AND wHrr.EAs, The snidl Wrihlit luins since died, nrnd
Iji liigal r prestic.liit.llv i s i. hoiil !i l ol iveved ;ill il I right vest-
ed in her by said law, to Jamies .i(ti Jo, Willis, who are de.ir-
ous oi' having said right voniilhred :-Now,
Be it etlacted l)y the Gover 'nr iand Iegi"lative Council of the
Territory of Florida, That the a t It autliorize John M. VWiight
to establish a ferry on the Ockionkn:e rlvlir, passed February Act of 1833
12lh. 1833, he, and the saiime is hereby reppialed. repealed.
Sec. 2. Be it lurtller enaitedl, Thatii Jaiies and Jonb Willis
be, ..id they iire here'ly vesited wihl ith rirhil anid prl ilevgi of
c stiblishing a lerly, and( cl irged %ilili the duty ot keeping the n ighlitof erry
saine in repair, acioss the Ocklicknee river. al or near the plaice
known as the Limile Sp lln," on thel said liver: And the
said James and Joal il I lis, their heirs and rssnri., shall colt.
tinue to possess the ri.ht ol said flrry, lior and during lihe term
of five years. Provided, The said Jalins and Joub Willis shall
keep the said ferry in good repair.
Sec. 3. Be it further enacted. That it shall be unlawful for
any other person or persons, to establish or keep a ferry within
three miles of said ferry, on said river, except it be for his or
their use, and not oIr the purpose or lathering toll.
Sec. 4. Be it further enacted, That it siallt be the duty of the
said James and Joub Willis, their heirs and assigns, to keep at
all times, a good ulnd sufficient flAit or craft lof sullicient size to
cross ai wagon and team; and that they slill rlhalge anid receive
such toll or fnitiage, as is charged or illowud atl iny oiiher terry
on said river, or winch may be' established by aty future Legis-
lature of this Territory.

Passed, February 4th, 1836.
Approved, 8th February, 1836.

CHAP. 941. [No. xxx.] An Act to mend the several Acts now in
force relating to Roads, Highways and Bridges.

Be it enacted by the Governor and Legislative Council of the
Territory ofFlorida, That all fines which nmy herealier be cl-
lected, pursuant to the several Acts, to which tlis is an amend-
ment, shall be appropriated by the commissioners to the exclu-
sive improvement o' the Roads, Highways, or Bridges within Fines how e:
the Road district, in which said fines shall have been incurred. pended.
Sec. 2. Be it further enacted, That the fi!ih section of an
Act passed February 4th, 1833, entitled An Act emendatory
and in addition to an Act relating to Roads, highways and
Bridges, passed Feb. 1st, 1832"-so far as the samo provided

Rcpealing for the payment of fines to the County Treasurer for County
clause. purposes, be, and the same is hereby repealed.

Passed, February 4th, 1836.
Approved, Sth February, 1836.

CHAP. 942. [No. xxxi.] An Act for the relief of James Stewart,

WHEREAS, James Stewart, has lately erected a mill on the
Ocklocknee river, and has also erected a bridge across said
river, and wishes to establish a gate at or near his house for the
purpose of collecting toll of said bridge; and also wishes to ex-
tend the dam of his mill across said river without making a lock
for the passage of boats.
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the said James Stewart is hereby
Gate and mill- authorized to erect a gate as aforesaid, for the purpose of col-
dam. collecting toll near his d.velling house; and to extend hismill-
dam across said river: Provided, nevertheless, That when
said river is navigated, and it becomes necessary to have a pas-
sage through the said mill-dam on giving suid Stewart six
months previous notice of the necessity of such lock or passage
through the dam, he shall be bound to have it erected without
delay, any law to the contrary notwithstanding.
Passed, February 5th, 1836.
Approved, 10th February, 1836.

CHAP. 943. [No. xxxii.] An Act to incorporate the I-"nsacola Steam
Saw-Mill Company.

Be it enacted by the Governor and Legislative council of the
Territory of Florida, That Benjaminiii D. Wright, ohn Brosna-
Corporation. ham, John Jerrison, junior, Joseph Seirra, Robert A. Mitchell,
Henry Hyer, Hanson Kelly, Charles Le Baron, James Quinn,
and their associates and successors, be, and they ate hereby
constituted and imade a body politic and corporate, under the
name and style of The Pensacola Steam Saw-Mill Compa-
ny," and by that name may contract and be contracted with, sue
and be sued, plead and be impleaded, answer and be answered
unto,-in all courts, and may have and use a common seal, and
the same may alter and renew at pleasure, and shall have

all the powers and privileges necessary !or the objec! of' this
charter.
Sec. 2. Be it further enacted, That the capital stock of the
said Company, shall be lifty thousand dollars, to be divided into Capital itock.
shares of fifty dollars each: And after said Company shall
have been organized and in operation one year. the same may
at any time thereafter, by vote of a majority of the stockholders
thereof, be increased to any amount not exceeding fifty thousand
dollars, which increased capital stock shall also be divided into
shares of fifty thousand dollars each.
Sec. 3. Be it further enacted, That the affairs of the said
Company shall be managed by a board of five directors, who Directors and
shall be stockholders, three of whom shall be a quorum for the President.
transaction of business: And the said board of directors shall'
at theit first session, after the annual election in each and every
year, proceed to elect trom their own body a president, who
shall preside at their meetings.
Sec. 4. Be it further enacted, That the stockholders shall Annual elee-
annually on the fourth Monday of December in each and every tion.
year, proceed to elect the said directors, who shall continue in
office for the term of one year, or until their successors are
elected : But if the said election should not from any cause
take place on the fourth Monday of December in any one year,
the said corporation shall not be dissolved, but the stockholders
shall have the power to order said election on any other day they
may think proper.
Sec. 5. Be it further enacted, That the corporation hereby
created, shall have the power of creating and using one or more
Steam Saw-Mills within the limits of the county of Escambin, Steam Saw-
together with all the necessary machinery, engines and fixtures; Millsand real
and shall have the power of owning and possessing such real
estate in Escumbia county as may be necessary for the erection
of their mill or mills, and the yards connected therewith, and
for supplying necessary timber for their saws.
Sec. 6. Be it further enacted, That the books of subscription
to the capital stock of said Company, which have already been
opened, shall continue open flr the space of thirty days at the
City of Pensacola, at the office of the Company, under the su- Books of sub-
permntendance of Benjamin D. Wright, John Brosnaha,, John "scption' wh
Jerrison, jr., Robert A. Mitchell and Joseph Seirra, or any one
of them, who are hereby declared to be directors of the said
Company, until the fourth Monday of December next, or until
their successors are elected.
Sec. 7. Be it further enacted, That the capital stock of the
said Company, shall be called in by instalments, payable at such Instalments,
times and places as a majority of the stockholders shall deter-
mine: Provided, That no greater instalment shall be required
than ten per centum upon each share, at any one time; and
thirty days notice of the payment of such instalment be given to

en-h stockholder, his, her, or their authorized agent or attorney.
Se,. 8. Be it further enacted, That the stockholders in genr-
By-laws. ral meeting shali have the power of making such by-laws, rules,
and regulations, for the government of the said Company, as
are not inconsistent' with thin charter, or contrary to the Consti-
tution and laws of the United States, or of this Territory.
Sec. 9. Be it further enacted, That any number o! stockhol-
pers owning one-fourth of the capital stock of the said Company,
General meet- shall have the power of calling a general meeting of the stock-
ing. holders, by giving thirty days notice in some newspapers printed
at Pensacola.
Sec. 10. Be it further enacted, That each share shall be en-
titled tI one vote on n1 questions at the meetings of the stock-
Ratioofvo. holders; hIt no stockholder thlall give more than sixty votes at
ling. any election, nor shall any one vote unless of lawful age. and
a bona fide stockholder at least three months previous to an
election, and each stockholder shall be allowed to vote by proxy.
See. 11. Be it Iurther enacted, That the corporation hereby
created, shall exist tor the term of twenty years, from and after
the passage of this act.

Passed, February 5th, 1836.
Approved, 10th February, 1836.

CHnT. 944. [No. xxxii.] An Act to alter and change the times of
holding the County Courts in Washington County.

Be it enacted by the Governor and Legislative Council of the
econd Mon- Territory of Florida, That the times of holding the County
dnys inFeb.& Courts in the city of Washington, shall be on the second
September. Monday in February and Septenmber, in each and every year.
Sec. 2. Be it further eni;cted, That all laws and p-irts of laws
fixing the time of holding the County Court in Washington
county, be, and they are hereby repe',led.
Sec. 3. Be it further enictlted, 'hat this act shall be in force
from and alier the first day of May next.

Passed, February 1st, 1836.
Approved, 10th February, 1836.

CHAp. 945. [No. xxxiv.] An Act to alter and fix the time of holding
the Spring Term of the Conity Court of Duval County.

Be it enacted by the Governor and Legisiative Council of the
Teiritory of Florida, That the Spring Term of the County
Court for D)nval county, shall hereafier be held on the first Mon-
day in April, in each and every year.

Passed, February 1st, 1836.
Approved, 10th February, 1836.

CanP. 946. [No. xxxv.] An Act to amend the Charter of the Union
Bank of Florida.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That so much of the 28th section of an
Act, entitled An Act to incorporp te the subscribers to the
Union Bank of Florida," as requires that upon loans or dis-
counts for a time not exceeding I'fur months, the said Bank
shall not receive more than one per cent. for sixty days," be,
and the same is hereby repealed.
Passed, February 5th, 1836.
Approved, 12th February, 1S36.

CaP. 947. [No. xxxvi.] An Act to incorporate the City of St.
Joseph.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, '1'hat all the free white inhabitants, resi-
ding within the limits of section twelve and thirteen, township Limitsof cor*
eight, r;mge eleven South and West, and their successors, be, portion;
and are hereby declared to be a body politic and corporate by
the name snd style ot The City of St. Joseph," with all the
rights, liberties, powers, and authorities incident to, and apper-
taing to a corporation, body politic, or natural person; and by
the said name and style, may sue and be sued, plead and be im-
pleaded, hold, possess, and enjoy real estate, and personal pro-
perty, and dispose of and transfer the same, and so dispose of
and manage the funds of said city as shall be most beneficial to
the interests thereof.
Sec. 2. Be it further enacted, That the government of thb
4

26
Miyorand al said city shall be vested in a person to he called the mayor, and
dermen. four aldermen, who shall compose a Council for the manage-
ment of the affairs of the city, the said mayor and aldermen shall
be elected annually on the second Monday of March, from
amongst the qualified voters of said city.
Sec. 3. Be it further enacted, That the said Council shall
Theirpowerf. have power and authority to pass all laws and ordinances that
may be necessary and expedient for the good government of
said city, the preservation of the public morals, and for the pre-
venting and punishment of offences against the public peace::
Provided, That the same are not inconsistent with the Consti-
tution or laws of the United States, with the laws of this Terri-
tory, or the powers by this act granted and intended. The said
Council shall especially have power to regulate, improve, alter,
and extend the streets, lanes, avenues and public squares, and
to open new streets; and cause encroachments and obstructions
to be removed, making the parties injured by any improvement,
a just compensation, and charging upon those benefitted a rea-
sonable assessment, to be ascertained in such manner as shall
be agreed upon by the parties, or a jury of twelve men, to be
organized in such manner, as by ordinance the said Council
may provide. The said Council shall have power to prevent
and abate nuisances,-to order and compel the owners or occu-
pants of the lots, upon which pools of water are,, or are likely to
accumulate, to fill them up,-to regulate and compel parties by
ordinances or otherwise, to erect and keep in repair, partition
fences, and to pass all.laws and ordinances that may be neces-
sary for the public health. The said Council shall have author-
ity to guard against the introduction of infectious or malignant
diseases, and for this purpose, may regulate or prohibit the in-
gress or approach of vessels into the waters of the harbour,
and whenever necessary, may compel them, under fixed and
May make certain penalties, to perform quarantine, and observe such other
quarantine re- rules and regulations, as to the said Council may seem proper
gulations. by ordinance to establish; may appoint pilots for the bar and
harbour, harbour-master, and pass all necessary laws for their
government-erect all necessary public buildings, and dispose of
the same, as the interest of the city may require-mate and
sink wells, erect pumps, dig drains, and do and perform all such
other act or acts as shall seem necessary, and be best adapted
to the improvement and general interest of the city-may pass
all.necessary laws to guard against fires, and to ensure the
ate umar- sweeping of chimneys-may establish and regulate markets,
.e and require all persons bringing fresh provisions into the city,
to exhibit them for sale at proper market hours-may establish
and regulate the weight and assize of bread, the inspection of
provisions, or other produce, being of the growth or manufac-
ture of this Territory, that may be brought into said city for
sale, or which may be sent from it-the guaging of liquors,

tneasurinz or weighing of any articles of produce or merchan-
dize, and the storing of gunpowder and other combustible na-
val and military stores ; and the said Council shall always have
power to tax auctioneers, and license and tax retailers of goods
and !iquor, hawkers and pedlars, tavern and public boarding Taverns,boar.
house keepers, all carriages, carts and drays, restrain lotteries, ding houses,
tippling houses, gaming houses, houses of ill-fame, and theatri- &c
cal or other public buildings-suppress riots and disorderly as-
semblies, and may provide for the punishment of all persona
guilty of breaches of the peace within the limits of said city, by
fine, imprisonment, or labour: Provided, The fine shall in no
case exceed twenty-five dollars, nor the imprisonment, twenty-
days.
Sec. 4. Be it further enacted, That the said Council shall
have power and authority to provide by tax or otherwise, a fund
for the support of the poor, the infirm, the diseased, and the in- Supportthe
sane of said city; and to organize patrols, and to provide lor poor.
the regulation, control, and punishment of negroes and person
of color therein.
Sec; 5. Be it further enacted, That the said Council shall
hln p~ow:vrtto assess; levy, and enforce the collection of all Enforce col-
-ulin tax'-, anc; other impositions, as may be necessary for the lectionoftaxe.
support of the government of said city, and the improvement
thereof: Provided, That no higher rate of-tax shall be levied
upon real estate, than one half of one per cent. on the assessed
value thereof, to be determined by assessors chosen in such
manner as said Council may provide; said taxes to be collected
after default shall be made in the payment thereof by distress
and sale; the sale in every such case to be made cfter public
notice, and in the same manner as property is sold when taken
in execution : And the said Council shall have power further
to provide for the ttial of all offences that may arise under the
ordinances of said city, and shall enforce the collection of all
fines and penalties that arise as aforesaid, in such manner as
said Council by ordinance shall provide.
Sec. 6. Be it further enacted, That it shall be the duty of Execative du-
the mayor to see that the ordinances of the city be faithfully t'es of mayor.
executed-to recommend for appointment all necessary city of-
ficers, and to report them fot removal when the interest of the
city may require it; when present, he shall preside at all meet-i
ings of the Council, and propose such measures as he may
think important to the interest of the city, but on any question
taken, shall only be er.titled to a casting vote; and he shall
have power to convene the Council whenever it may be deemed
necessary : He shall have, possess, exercise, and enjoy all the p. ex-oicio
duties of a justice of the peace-it shall be his duty to attend
and take his seat in the County Court of his county at the first
session there eof, of each and every year, and within the limited of
said city-he shall have jurisdiction in all civil cases, whereih

the amount shall not exceed fifty dollars, with the right of appeal
to either party, from his decision, as froin :hat of a justice of the
peace.
Sec. 7. Be it further enacted, That the mayor and two alder-
mon, or the mayor pro tempore and two aldermen, or three al-
Quorum, dermen shall form a quorum for the transaction of all business.
They may compel the attendance of absent members. under
such pains and penalties as may be prescribed-judge of the
qualifications of members, and of the sufficiency, correctness,
and regularity of election returns-settle their own rules of pro-
ceedings, and upon recominencalion of the mayor, appoint and
remove all officers, fix their compensation, and establish such
fees as may or ought to be allowed lor such services as m,,y be
required of them ; their neetinigs shall be public, and they shall
Journiito be cause a journal of their proceeding-; to be kept, and regularly
kept. authenticated by the signature of the may ,r and etlrk, which
shall be kept open for the inspection of all who may be inter-
ested in the proceedings of said Council; the yeas and nays
upon any question shall be entered upon their journal upon a call
of any two members; they shall make public all their ordinances
and resolutions, before they shal;mie'f eAl andiJffecienk b>
publishing them in some newspaper printed in the ~rity, or poa--
ing written copies thereof, in two or more public places therein.
Sec. 8. Be it further enacted, That if the said mayor ~hall
at any time be absent from said city, shall be sick.and.unable to
attend the Council, or for any cause shall become incapable of
performing the duties of his said office, then in every such case,
the said aldermen shall be e(npowered, and it shall be their duty
Mayor pro in Council by ballot, and by a majority of their votes, to elect
tem. one of their number to be miayoi pro tempore, who, during the
absence, sickness, or incapa iiy of the said mayor, and until he
shall resume his seat in said Council, shall be vested with all
the powers and privileges, and be liable to and discharge all the
duties of mayor of said city.
Sec. 9. Be it further enacted, That all while male inhabi-
Qualiflcatinr tants being citizen., of the United States, and of the age of
of others. twenty-one years, who shall have resided within said city at least
one year immediately preceding the day of election, or who
having landed estates in said city, do occasionally reside therein,
shall be entitled to vote for mayor and aldermen ; but no person
shall be elligible to the oflhie of .mayor or alderman, who is not
at the time of his election, a freeholder in said city ; nor shill
any such mayor or a!dvi Cmetn be entitled to or receive any salary,
,or other compensation from said city, uir the discharge and per-
formance of the duties uf ti. office-All vutes at city elections
shall be given by ballot.
Sec. 10. Be it further enacted, Th;-t every city election shall
be conducted by tr;ee ciy inmsl::'lor, to be appointed at
East two weeks before the day ot election by the mayor, the

29

said mayor shall also appoint the place of holding the election,
and give public notice there Ifor the like period of time.
Sec 11. Be it further enacted, That the said inspectors shall Inspectors
be judges of the qualifications of voters, aid it shall be their elections.
duty, or the duty of any two ot them. on the a;y,appointed by
law for holding the election, to open the polls for the ieeeption
of votes, and to cause the names of votes to be recorded in a
book to be kept for that purpose, which shall be deposited at the
close of each election amongst the archives of the corporation.
The polls shall be opened at nine o'clock in the morning, and
close at five in the afternoon ; after which, the inspectors shall
proceed to count the votes, and shall declare the person elected
as mayor and aldermen, who respectively shall have received
the greatest number of votes ; but if by reason of a tie between
any two or more candidates on election of nma or, or if the prei
scribed number of aldermen shall not be made, then in every
such case, a new election to fill the vacancy or vacancies thus
occasioned, shall be ordered and held in like manner as is pre-
scribed in the thirteenth section of this act; and the said inspec-
tors shall maklmlta arl certificate thereof at the foot of the
AJMiii* yy thereof within twenty-(fur hours to
t a T, who, on he receipt of the same, and within five
days from the day of his election, shall signify his acceptance or
refusal.
Sec. 12. Be it further enacted, That if the said mayor elect
signify his acceptance of said office, the n.ayor shall, as soon as
practicable, within five days alier the election, assemble the
Council, and in their presence, administer to him the following
oath :-I, A. B. do solemnly swear, (or atfirm) that I will to the Official oatl
utmost of my power, support, advance, and delend the interest, mayor and
peace, and good order of the city of St. Joseph. and faithfully
discharge the duties of Mayor of said City during my continue.
ance ill office; and I do further swear, that I will support the
Constitution of the United States. And the said oath of office,
on neglect of the said mayor, may be administered by a judge
or justice of the peace, and the mayor elect upon being quali.
fied, shall then administer a like oath to the aldermen elect, and
thereupon, the duties of the former Council shall cease.
Sec. 13. Be it further enacted, That if the mayor elect, or if
any of the aldermen shall decline to accept the office, to which Vaan
he or they may have been elected, or if accepting any or either mifilled.
of them, shall not qualify y taking the prescribed oath with'
five days after his election, that then the mayor in office, or
person exercising the duties thereof, shall by proclamation,
rect an election to be held for supplying such seat or seats in
the Council, as may be vacant, giving at least one week's notice
thereof, designating at the time the persons appointed to super-
intend and conduct said election.
Sec. 14. Be it further enacted, That if the office of mayor,

New election, or of any alderman, shall it any time become vacant, by death#
resignation, removal, or otherwise it shall be the duty of may-
or, or the person exercising the duties of mayor, agreeably to
this act, in like manner as is provided in the proceeding section,
to order a neSv election to fill such vacancy.
Sec. 15. Be it further enacted, That for the management of
the first election, A. Asher, P. D. Woodruff, and H. R. Wood,
Commission- are appointed commissioners, whose duty it shall be to give ten
ers. day's notice thereof in the public paper of St. Joseph.
Sec. 16. i"it fur$er .ltd~Ethat itglall O Qge ty of
said Council, when the said city shall be free from der annu-
ally tdSimer#iand appropriate, one-fourth of all the taxes col-
lected in and for the said city, or so much of one-fourth thereof,
ph shall remain, after paying and discharging all the current ex-
nses of said city ; the said reservation and appropriation al-
ways to be made with the view, and for the purpose of creating
Education a fund for the support of a free school in said city ; and when-
fund. ever and so often, from time to time, as said reservation and
appropriation shall amount to two hundred dollars, the same
shall be deposited in some secure lIfckr l ping but it
shall be the duty of said Council,
ble, to cause all monies thus depos to b
bank stock for said city, to be held by said city in trust for the
use of a free school.
Sec. 17. Be it further enacted, That the said Council shall
Free school to have power to establish a free school in said city, to be regula-
be established ted and governed in such manner as by city ordinance shall be
directed, whenever the establishment of such school shall have
bee. first directed, by a vote of two-thirds of the legal voters of
said city, in public meeting assembled, upon four weeks public
previous notice, of the time and place, and object of such meet-
ing; said notice to be given in any newspaper printed in said
city, or by posting the same in writing in two or more public
places therein; and the said Council shall have power to appro-
propriate and to apply to the use and support of said free school,
from time to tine, all interests and dividends which shall accrue
from, or be made upon said stock-all rents and profits of lands
or real estate belonging to said city, for which purpose, said
Council shall be empowered to lease the same from year to
.year, and all contributions of every description, which may be
made in aid of said free school.

Passed, January 11th, 1836.
Approved, 10th February, 1,836.

CHAP. 948. [No. xxxvrn.j An Act to enable Executor7. Adminiistra-
tors, and Guardians, to sell the real estate of lminiis.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida. That where any Executor, Administrato".
or Guardian, shall have tie control or m:ainfeinent of any rea! S c
estate, the property of an infant. and shall think it necessary or nr's reai ez
expedient to sell the same, it shall and may be lawful for the ta c.
said executor, administrator, or guardian, to apply by position to
the Judge of the Superior Court of hoe district in which said
real estate may be situated, for authority to sell the sam : and
if the prayer of said petition shall appear to the said Judge rea-
sonable and just, it shall be. and is hereby declared la'wful to
authorize said executor, administrator, or guardian, to seli said
estate under such conditions as the interests of such infant may,
in the opinion of said Judge, seem to require.
Sec. 2. Be it further enacted, That no authority shall be
granted to sell real estate, as provided tor in the first section of
this act, unless the executor, administrator, or guardian, shall
have given at least thirty days previous notice, in one or more
newspapers printasin territory, nearest to where said real Notice of ap-
eataW s..'''i AI to make application to the Judge plicaton.
: pi -F-'Td R-o niuthority to sell the same.
rec. 3. Be it further enacted. That where authority shall be
granted by virtue of this act, to sell real estate, the petition and
all papers relating to the same, together with the order of the
Judge granting authority to sell, shall be filed in the office of Paners where
records for the county in which said real estate may be situated. tiled.
Sec. 4. Be it further enacted, That where any executor, ad-
ministrator, or guardian, shall convey any real estate, thi pro-
perty of an intent, under the authority given by virtue of this
act, the title to the property thus conveyed, so far as the inlant Title.
may have title thereto, shall be good and effectual.
Sec. 5. Be it further enacted, That an act approved February Repealing
8th, 1832, entitled An Act amendatory of the several acts clause.
concerning the administration of estates, and the duties of exe-
cutors, administrators, and guardians," be, and the same is
hereby repealed.

Passed, February 10th, 1836.
Approved, 12th February, 1836.

CHAP. 949. [No. xxxviii.] An Act amendatory and explanatory of
the Militia Laws now in force in this Terrilorv.

Be it enacted by the Governor and Legislative Council of the Sixth sector
Territory of Floriaa, That the sixteenth section of the act pas- repealed.

spd at the present session of the Legislative Council, entitled
A, Arct lto amend ;n A.I, entitIld an Act to organize and regu-
late the AMilii;ia I, the Terrilorv of Florida, and to repeal an
Act passed first da.y of February, eihteen hundred and thirty-
two, and for other purposes'-So far as the same authorizes the
infliction of a fine of fil'ty dollars for failing to perform military
service when drafted, be, and the same is hereby repealed ; and
that said act be so construed as to compel all persons drafted
under the provisions of the laws now in force, to perform the
service required under the laws, or tofurnish an able-bodied
substitute; and the commanding officer is required and directed
forthwith to compel said delinquent drafted person into the ser-
vice.
Sec. 2. Be it further enacted, That this act shall be in force
from the passage thereof.

Passed, February 11th, 1836.
Approved, 12th February, 1836.

CHAP. 940. [No. xxxix.] An Act in further addition to 1tfieteVDit
Acts now in tbrce regulating Judicial proceedings.

Be it enacted by the Governor and Legislative Council of the
Territory of Florid,, That at or before the institution of an
action of replevin, in the manner authorized and provided for
in the second section of the act, entitled "An Act in addition
to the several Acts now in force regulating Judicial proceed-
ings," passed and approved the 15th February, 1834, the plain-
Affidavit of tiff. his attorney, or a'int, shall make affidavit, which shall be
piainufl. filed with the ci irk issuing the writ, stating the value, of the pro-
perty to be nrenlvied-th;i t it belongs to the plaintif---that it has
been wrongfuiv taken from his possession, and that he is enti-
tled t t lthe immedinie and anrtuil possession of it.
Sec. 2 Be it Ifrthrr enacted, That the defendant or party
Trialofabsent prosecuted lor any niisdeniearor in alny court in this Territory,
dGfendants. where the penalty to be inflicted is only pecuniary, may appear
and plead by attorney, and be tried, though not personally pre-
sent, sufficient bail, security, or recognizance having been first
given or entered into, for compliance with the judgment and
sentence of tht court.
Sec. 3. Be it further enacted, That trial upon indictment in
Continta_ ,any case, may be had at the term of the court at which the in-
dictment is lound : but for sufficient cause shown, either party
mav have a continuance.
Pleadings my cc. 4. Bc it furfiw- enacted. That were an omission, eiror,
e mleadinsgs in any criminal cae,
be amended." or mistake lits occurred in the pleadings in any criminal case,

by the party indicted, or by his attorney, the pleadings may be
amended, and the omission corrected, and new or additional plea
or pleas filed at any time before trial, unless the Judge shallbe
satisfied that mere delay is thereby intended, and amendments
for sufficient cause at the discretion of the court may be allowed
to the party indicted after the trial has commenced.
Passed, February 9th, 1836.
Approved, 12th February, 183&

CHAP. 941. [No. XL.] An Act to.organize an additional Regiment of
Militia in the Counties of Madison and Hamilton.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That all the white male inhabitants resi-
ding in the Counties of Madison and Hamilton, in said Terri-
tory, who are between the ages of eightegre and forty-fire years, Thirteenth
and who are liable to perform Aiilitary duty, shall compose and Regiment ere-
constitute, and shall be erected into a Regiment to be called.the ated.
Thirteenth Regiment of Florida Militia.
Sec. 2. Be it further enacted, by the authority aforesaid,
That the Regimental officers in and for said Regiment, shall
be appointed in such manner, and for such term, as by the exist-
ing laws is provided in the case of undfficered Regiments.
Passed, February 8th, 1836.
Approved, 12th February, 1836.

Catn. 942. [No. xti.] An Act respecting certain Records in the
Clerk's Office of Columbia County.
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the.Clerk of Columibia county shall Paprst
deliver to the Clerk of Alachua county, all.papers-and -records ainuerst
in his office properly belongmg to Alachua. county, or papers
relating to lands in-said Alachua county, or te -ea where.,the
parties reside in said Alachua county, taking his receipt therefore
Sec. 2. Be it further enacted, That where any records of
Alachua county and Columbia county shall be foqnd i the same
book, or so that the same cannot be separated, it shall be lawful,
and it is hereby made the duty of the Clerk of the County Court
for Alachua county, together with the Clerkeof the county Court
5

Recordstobe for Columbia county, to transcribe all such records belonging
transcribed. to, r appertaining to Alachua county, into a book, to be pre-
pared by the Clerk of the County Couit for Alachua county,
for that purpose; and the records so transcribed, provided the
same be an accurate copy or transcript, shall be placed in the
office of the public records for the countyy of Alachua, and shall
have all the force, effect, and validity of the original record ;
and for transcribing such records, the Clerk or Clerks shall be
entitled tp demandd and receive from the county of Alachua, the
usual "C "i1i9aidit gi .'abluo'se' Xlgrks of. counties ft
copies.

Psiaisoi* dtK bruary, 1836.
Approved, 12th February, 1836.

CHAP. 943. [No. xLI.] An Act to establish and organize a Corps of
Military exempts in the City of St. Augusu..

Be it enacted by the Governor and Legislative Council of thn
Military ex- Tenltory of Florida, That the Military exempts of the City of
empts organi- St. Aurustine, and county of St. John's, as now organized for
the defence of said City and its vicinity, be hereby established
by the name of- the Corps of St. Augustine Veterans, fot, and
during the continuance of the present Indian war within the
Territory of Florida, and no longer : Said Corps to be composed
only oT persons exempted by the existing laws from Military
duty.
Sec. 2. Be it further enacted, That said Corps shall consist,
Officers, as at present organized, of one Major.commandant, one Cap-
tain, four Lieutenants, and such military exempts as have been
or maybe enrolled therein; and there shill be appointed in said
Corps, in the manner directed by the rules and regulations of
said Corps, such non-commissioned officers as by said rules and
regulations may be directed; and the same Major-commandant,
Captain, and Lieutenants, shall be commissioned by the Gov-
ernor of this Territory, on notice of their election by the said
Commissions Corps being certified to them; and their commissions shall bear
to beissubd. date the first day of December, eighteen hundred and thirty-five,
the day of the actual organization of said Corps; and at all
times, in case of the vacancy of any commissioned officer, it
shall be filled by election by the members of said Corps, who
shall vote by ballot, and a majority of the otes given, shall be
necessary to a-choice.
Sec. 3. Be it further enacted. That said Corps shall be go-
By-laws. rrnwed by such rules and regulations as have been, or may be

adopted by said Corps, not inconsistent with the laws of the
United States, or of this Territory.
Passed, February 9th, 1836.
Approved, 12th February, 1836.

S-

CHArP944, [(No..xLu4. AnAct fjr.the.plief of Alert G. Tomlnsoni.

WHEREAS. It has been represented to thii Legislative Coun-
cil, by a petition signed by sundry respectable citizens of the
county of Gadsden, +That Albert G. Tomlinson, an old citizen
of said county, is in indigent circumstances, and vervbad health;
and that it is the opinion of medical men, that his health may
be restored and his life saved by travelling; but from his indi-
gent state, he is.unable to travel without combining-therewith
the peddling business.
Now, therefore, Be it enacted by the Governor and Legisla.
tive Council of the Territory of Florida, That Albert G. Tom.
linson be, and he is hereby exempted from the tax imposed by
the several acts od the Legislative Council, made and provided
against hawkers and pedlars, for the period of two -years. Be
it further enacted, That this act shall be in force from and jm-
mediately after its passage.

Passed, February 9th, 1836.
Approved, 12th February, 1836.

CHAP. 945. [No. xLtv.] An Act to alter and change the Terms of
the Superior Courts for the Middle District of Florida.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That from and after the first day of July
next, the regular Terms of the Superior Courts for the Middle
District of Florida, shall be as follows, provided this act be first
approved of by Congress.-
In the county of Gadsden, on the third Monday of October,
and first Monday of March, in each and every year.
In the county of Leon, on the first Monday of November, and
first Monday of April, in each and every year.
In the county ol Jefferson, on the fourth Monday ofNovem-
ber, and the third Monday of April, in each and every year.
In the county of Hamilton, on the first Monday of December,
and fourth MrAnday of April, in each and every year.

86

In the county of Madison, on the first Thursday after the first
Monday of December, and first Monday of May, in each and
every year.
Sec. 2. Be it further enacted, That all laws or parts of laws,
conflicting with this act, be, and the same are hereby repealed.

Passed, February 9th, 1836.
Approved, 12thFebruary, 1836.

Cu.G6. 94. N. x3.v.] An Act to amend the Act, entitled An Act
incorporating the Town of Apalachicola.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That from and aftei the passage of this
Corporation act, the corporate limits of the Town of Apalachicola, shall not
limited, extend on any side thereof, beyond, or outside of the boundary
lines of tha survey of what is generally called "Forbes' Pur-
chase,". as surveyed and reported by the surveyors, employed
by the United States to survey the same, and that the powers
and authority of said corporation, shall not extend to, or be exer-
cised in.any-wise over any property or persons, beyond or out-
side 6fsuch boundary line.

Passed, February 10th, 1836.
Approved, 12th February, 1836.

Caur. 947.'[No. xLvI.] An Act to ameild an Act concerning Depo-
sitions, passed November 17th, 1828.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That so much of the fourth section of an
Act concerning Depositions passed November 17th, 1828, as
requires the Postmaster, his deputy, or assistant, at the office
where aby packet containing a commission, interrogations and
answers is deposited to be sent by Mail, to endorse thereon,
"Received from one of the commissions to be forwarded by due
course of Mail," be, and the same is hereby repealed.

Passed, February 12th, 1836.
Approved, 13th February, 1836.

CHA~ 948. (No. XLVII.] An Act to amend "An Act declaring Juni-
per Creek in Escambia county, a Navigable. Stream.

Be it enacted by- the Governor and Legislatite Council ofthe
Territory of Florida, That Juniper Creek, in Escambia county,
be, and it is hereby declared a Navigable stream from its en-
trance into Blackwater river, to the section line between sections
twelve and thirteen, in township three, range twenty-sever,
North and West, in the district of lands subject to sale at Tal-
lahassee; any law to the contrary notwiths

Passed, February 10th, 1836.
Approved, 12th February, 1836.

CHAP. 949. [No. XLVII.] An Act to alter the Charter of the Life In-
surance and Trust Company.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That it shall be lawful for the said Com-
pany to postpone the payment ,o the next instalment required by
their Charter, to any period not exceeding one year, beyond the
period fixed by the terms bf said Charter.
Sec. 2. Be it further enacted, .That the said Company may,
at any time, hereafter, change the location of their principal of-
fice to any place within this-Territory.

Passed, February 10th, 1836.
Approved, 12th February, 1836.

CHAP. 950. [No. XLux.] Au Act to authorize the County Court of
Jackson county, to levy a Tax for the building a Jail, and for other
purposes.
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the County Court of Jackson:county,
be, and is horeoy authorized, for the purpose of building a good
substantial and safe Jail in said county, and for putting the re-
quisite repairs on the Court-House thereof, to levy and assess
such tax on all taxable property, as in its discretion it may deem
expedient and proper.
Sec. 2. Be it further enacted, That the same officer who
may be collector of the Territorial taxes, at the time of the as-

emsament of the.aforesaid tax, shall be qualified and is hereby
empowered to collect said tax under the said rules and regula-
tiona, as said Territorial laxes are now collected.
Sec. 3. Be it further enacted, That this act shall be in force
from and after it passage.

Passed, February 10th, 1836.
Approved,.12th February, 1836.

Cair. 951. [No. L.] An Act to amend "An Act, regulating the mode
of suing out Writs of Error and Prosecutng Appeals in the Terri-
ritory of Florida," passed February 8th, 1832.

Be it enacted by the Governor and. Legislative Council of the
Territory of Florida, That no Appeal or Writ of Error, shall
TPlaintiff's to hereafter be granted to the' original Plaintiff in any suit, unless
payecosts. be. said Plaintiff shall first pay all costs which may have accrued in
ore appeal. and about said suit, up to the time when said Appeal or Writ of
Error is prayed; and also enter into bond with one or more se-
curities,'in a sum sufficient to cover all the costs.which may ac-
crue in the prosecution of',aid Appeal or Writ of Error, condi-
tioned to pay the same, if. the judgment, sentence, or decree of
the Court shall be affirmed.

TPised, February 9th, 1836.
Approved, 12th February, 1836.

CHlu. 952. No. LI.] An Act to improve the Capitol Square in the
City of Tallahassee, and for other purposes.

Be it enacted by the Governor and Legislative Council of the
Appropriation Territory of Florida, That the sum of five, hundred dollars out
for enclosure. ofqthe.Tallahassee Fund, be. and the same is hereby appropri-
ated for the purpose of causing to be constructed a substantial
enclosure around the Capitol Square in the City of Tallahassee;
the same to be done under the direction and supervision of the
Treasurer of this Territory.
Sec. 2. Be it further enacted, That the posts of said enclo-
sure are to be of good cedai, if it can be procured; if not, of
heart pine or lightwood, seasoned live oak, cypress or juniper.
Sec. 3. And be it further enacted, That the Auditor and
Treasurer be, and they are authorized to rent a house or houses

suitable. to ll gi.Wpo6s of iteirrespi.ipe ofies of Auditraed
Treasurer : PfjBvid the :rent of the same does nap exujd
two hundredltoltars a yer,
Passed, February gth, 1836.
igpM ved412th February, 1836.

CHAP. .9R No. ilU.] An cftto repeal '"An Ajto etablis jaarfiy
over the Wikulla river at St. Marks,'"andeiijlzMtSib 'pia
WHEREAS, It his been represented to this Legislative o2va-
cil, by the petition of slary respectable citizeasen f t.t IK-
Point settlement, tbia Ambrose Orlkney who was ~b.a a t of Preamble.
the Legislative Council, passed Jaijazsy I, 1883M vadtewith
the right and privilegeaof establishing a ferry; on said, Riji
Wakulla, and charged wih,4ieepiog th sanaiin lqpf, i oa.s not
according to the tenor of said-petitipo aipt the same- iM pskR,
nor paid auCh attention to'the _onvey ef passseng qve
enjoined upon him by the term'oflhi chb&tfc: No w,j leW ore,
Be it enacted by the Governor and Legialative Cquncil oft#p Aet o. l83s
Territory-of Florida, That an Act,'ea od A Act,. estab. itpeal1d
lish a ferry over the Wakulh river a t.St. .MaUkS.be, and the
same is hereby repealed. .. '*
Sec. 2, Be it further enu4ed, That.Nathaniel W. Walker Rightoffrry,
be, and he is herely vested titiydh.e- elJ~. Ih-
tablishing a ferr y and charged wit' ihe doty (~C. the
same in srpiir, aicrs 4he lkulla rier at iia- Lea-
county, Ui-tdio said .Nathaniel 1 a
right of keeping sid ferry tor the ts ql
ded. the said-Nathaniel W. Walker ahal kep shllary i goQ4
order and repair for thd safe. erosingija PLat~ peyll anc a h
vehicles as travel the road to dtb sanwe. .
Sec. 3. Be i fftrthea equcted, ThatLialanot.t a4wc 1br E vterig.t
any other person to establish or keep6*fey op ite Wakalla
river within two miles of-St. Marksixcop.A ibt feiwhis aW
use, and not for the purpose of gathering toie- .
See. 4. Be it further enacted, Thabrtho.itidNathaoMa) t ir
Walker shall be, and he is hereby authorized t4 charge ltfter
ceive the following rates of toll at said ferry. via.-For the Btesoftril
crossing of every foot person, six and-on oiri'ceats: Mt.
and horse, twelve and a half cents: Jersey gooeort or ig,
twenty-five cents: Four wheel pleasurewagon or wagon, fity
cents. And if any person charged withl.he keeping alfsaid
ferry shall charge and receive more thu.-D ratqpof toll slloed
by this b hkba" u be subject to be iBd imany- sum aen ,-

ae~thig five dblars, at the diseretion-of any.Justice of the
Ptace in Leon county, before whomwsatflfact6 y evidence of the
.fact may be made.
Passed, February 11th, 1836.
Approved, 12th'F.ebJruary, 1836.

CHAP. 954. [No. LII.] Ait Act for the relief of the Militia and Vo-
unteers of Florida, called into the service of the United States
during'thepresent Indian War.

Be it enacted by theio2vernor and Legislative Council of the
Territory of 'Fiorida That it shall not be lawful for the Clerk of
any Courrtor for any Justice of the Peace or Mayor, or any chief
Militia inser-'offierif arfy city within thls Tetritoryd-to issue any attachment,
vice exempt executive or other civilprocess.agam. t the goods and chattels,
from civil pro-iand@torI%*emeienrs or*to instituteAmny civil suit against any of
cess. he Militia or Volunteers of Florida, while in actual service
du rig*thepresent4'ndiha war.
SSec. 2. Be itA-fttler enacted, .That all attachments, execu-
Civil proceesations, and other civil 'process now issued, and in the hands of
stayed. any Maihshal, SherifiY stable, or other officer, against any
such Militiman r Volauteer, shall be stayed and suspended
while such Militiaman or Volunteer is, and remains in actual
service as aforesaidi but no loufger norshall any lien previously
obtainp tpon'the property of any debtor or defendant, be lost,
removed, or suspended, by reason of his being in service, and
the stay pf, process as herein provided; nor shall this act be
.construed to preventthe service of any subpoena for witness.
.Sec.,3. &Be it farther enacted, That all process issued in vio-
Process when lation of the-first section of this act, shall be void, as shall the
void. service and execution thereof; and all proceedings contrary to
the second section of this act, shall also be void; and any
Clesk, -Justice of the-Peace, Mayor, or other chief officer of
any city within this Territory, or Marshal, Sheriff, Constable,
or other officer, who shall willfully and knowingly violate the
provisions of' thi act,- by instituting any suit, or by issuing or
Violation of serving, or executing or proceeding with any process, contrary to
this act indict- the provisions of this act, shall be subject to indictment before
able. the Superior Court, and to fine, on conviction, not exceeding
five hundred dollars, and to suit, and double damages to the
party injured.

Passed, February 9th, 1836.
Approved, 12th February, 1836.

CHAP. 965. [No. LIV.] An Act to repeal : An Act concerning Patrols,
passed February 6th, 1834," and for other purposes.

Be it enact- d iby the Governor and Legislative Council of the
Territory of Florida, Tlhat the Act entitledd An Act concern-
ing Patrols, passed February 6th, 1834, be, and the same is
hereby repealed.
Sec. 2. Be it further enacted, That an Act entitled An Act
concerning Patrols, passed January 24th, 1S33, be, and the
same is hereby revived, any law to the contrary notwithstanding.

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

CHAP. 966. [No. LV.] An Act for the relief of the Central Bank of
Florida.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, Tnat the Territorial Treasurer advance
and pay to the Central Bank of Florida, the sum of four hun-
dred and seventy-live dollars, with interest from February the
seventh, eighteen hundred and thirty-four, the amount of certi-
fied accounts, Nos. 26 and 34, at the session of eighteen hun-
dred and thirty-four, and to renew the demand for payment
thereof, to the Territorial Tieasury by the General Government.

Passed, February 12th, 1836.
Approved, 13th February, 1836.

CHA. 967. [No. Ivr.] An Act respecting the Escheated Estate of
William Pritchard, deceased.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the administrator of William Pritch-
ard, in this Territory, be, and he is hereby authorized to convey
to John A. Rea, the real estate of said William Pritchard in this
Territory, and also pay to him the residue of the personal estate
of said Pritchard, not approprintrd to the payment of the debts
of said Pritchard; the said conveyance, to said Rea, to be sub-
ject to the right or claim of the heirs of said Pritchard, if any
should appear; and the said administrator, before payment of
said residue, to take security, to be approved by the Judge of
Leon countyy Court, for its re-payment to such heir or hErs,
6

42

which, with the receipt of such residue, shall be filed and re-
corded in the Clerk's office of Leon County Court.
Passed, February 14th, 1836.
Approved, February 14th, 1836.

CHAP. 968. [No. Lvr.J] An Act to grant a Lease of one Section of
the School Lands to J. A. L. Norman, for the purposes of Educa-
tion.
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That J. A. L. Norman is hereby invested
Grant toJ- A. with a lease of one section of land set apnrt by the Congress of
L. Norman.. the United States for the purposes of Education, which lease
shall continue until this Territory becomes a suate.
Sec. 2. Be it further enacted, That said J. A. L. Norman
is hereby authorized to erect such buildings and other improve-
ments upon said lands, as may be necessary or suitable for a
Norman School; and to retain the use and enjoyment of the
Threeyearsal same for the term of his lease: Provided, That the buildings
lowed to com- shall be erected, and the School put in operation within three
ply. years from and after the passage of this Act.
Sec. 3. Be it further enacted, That the sid J. A. L. Nor-
Where loca- man is hbreby authorized to locate the said lease at such place
ted. as may in his discretion be thought most proper for said institu-
tion: Provided, Such location shall not interiere with any right
now existing: And provided, Toe said buildings and lands
shall at all times he appropriated exclusively to the purposes of
said School: Provided, The same be not selected in the county
of Jackson within this Territory.

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

CnAP. 969. [No. LVII.) An Act amendatory of the several Acts re-
lating to the School Lands in the Territory of Florida.

Be It enacted by the Governor and Legislative Council of the
Trsumrerto Territory of Florida, That the Territorial Treasurer, be, and
receive rent he is hereby authorized, and it shall be his duty to demand, sue
for, and receive all sums now duc, or that may hereafter be due
upon leases of School Lands in this Territory-to require from

the commissioners appointed under the several Acts relating to
said Lands, an account oflheir actings under said Acts, and to
report the same annually to the Executive, to be laid before the
Legislative Council: Provided. That nothing in this Act shall
be so construed, as to confirm leases that have heretofore been
made by the Ibrmer Auditor of the Ternrtory, or the Commis-
sioners of the School Lands.
Passed, February 11th, 1836.
Approved, 13th February, 1836.

Car. 970. [No. LlX.] An Act for the relief of Paul McCormick of
Leon County.
Be it enacted by the Governoi and Legislative Council of the
Territory of Florida, That Paul McCormick be entitled to re-
ceive from the Territorial Treasury, the value of a negro wo.
man named Jane, who was convicted at the last November
Term ot the Superior Court for Leon county, and hung under
the laws of this Territory for murder.
Sec. 2. Be it further enacted That the amount which the
said Paul McCormick shall be entitled to by the provisions of
this Act, shall be asssesed by Geoige T. Ward, Hector W.
Braden, and John Parkhill, who shall certify to the amount
which shall be audited and paid accordingly: Provided, They
do not award to the said Paul McCormick, a sum exceeding
four hundred dollars; and this Act shall be in force from and
after its passage.

Passed, January 27th, 1836.
Approved, 4th February, 1836,

CHAP. 971. [No. LX.] An Act to incorporate the St; Augustine and
Picolata Rail Road Company.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That a company be hereby incorporated
by the name and style of the "St. Augustine and Picolata Rail
Road Company," and by that name all who shall become sub-
scribers and member ot' said company, their heirs, successors,
or assigus, shall be capable in law to purchase, receive, retain,
and enjoy, to them and their heirs, successors or assigns, so far

as the same may be necessary for carrying on said work, lands
May hold pro- and tenements, goods, chattels, effects of what kind soever; and
perty, sue and the same to grant, sell, moilgtige, and dispose of; to sue and be
sued 4c'. sued, to plead and be impleaded, to make a common seal, ar.d
at pleasure to break or alter the same-to ordain, establish and
put in execution such by-laws and regulations as may be deem-
ed necessary and expedient tor the government of said corpora-
tion, not being contrary to the Constitution or laws of the United
States, or the laws of this Territory.
Sec. 2. Be it further enacted, That the capital stock of said
company shall not amount to more than fifty thousand dollars,
Books to be to be divided into shares of fifty dollars each ; books of sub-
opened in St. scription for which shall be opened within three months after
Augustine. the passage of this act, at St. Augustine, under the superiten-
dence of Gabriel W. Perpal, Antonio Alvarez, Pedro Baret,
Elias B. Gould, and John Mi. Hanson ; any two of whom shall
be competent to receive the subscription. The books shall be
Excess to be kept open for sixty days, and if at tHle close of the said sixty days
deducted from it shall appear that a greater number of shares than one thou-
largest sub- sand shall have been subtscribed fr. then and in that case, the
scnptions. excess shall be deducted from the largest subscriptions in such
manner that no deduction shall be made from subscriptions of
one hundred shares or under, while such excess may be deduct-
ed from those subscriptions exceeding one hundred shares; and
if afterwards there should still be an excess, it shall be deducted
May begin from all such subscriptions in a rateable proportion. But the
when $60,000 said directors shall have the right to proceed to carry into effect
are subscribed the provisions of this charter, as soon as sixty thousand dollars
shall have been subscribed : And at the time of subscribing, one
per cent. shall be paid in on each share subscribed for, and the
residue at the discretion of the president and directors : Pro vi-
ded that no instalment shall be required after that paid at the
time of subscribing, unless thirty days notice thereof be given
Notmorethan in a public newspaper printed at SL. Augustine, and not more
20 per cent to than twenty per centumi be required at anyv one time on the whole
be called in at
one time, amount subscribed lor; bui said company shall have tiu privi-
lege ot extending the subscription foi sto, k from time to time,
May extend so as not to exceed two hundred thousand dollars, if a greater
stockto$200,- amount than one hundred thousand dollars should be necessary
000. to the completion of said road, under the same rules and regula-
tions as herein before prescribed.
Sec. 3. Be it further enacted, That if any stockholder shall
Stockhewfor- fail to pay the sum required of him, by the said president and
feited. directors, within one month after the same shall have been ad-
vertised as aforesaid, it shall and may be lawful for the said pre-
sident and directors, or a majority of them, to sell at public
auction and to convey to the purchaser the share or shares of
such delinquent stockholder or stockholders, giving ten days
previous notice of the time and place of sale in manner afore-

said, and after retaining the sum due and all charges of sale,
Jut of the proceeds thereof, to pay tile surplus over to the form-
or own, or his legal representative ; and if the said sale should
not produce the sum required to be advanced, with the inciden-
tal charges attendiGr.g the sale, then the said president and direc-
tors may recover the residue of the original proprietor, or his or liStholder.
her assignee, or the executor or administrator, or either of then,
by motion on ten day's notice before the Superior or County
Court of that county of which he is an inhabitant. or, where the
amount due does not exceed fifty dollars, by warrant before a
justice of the peace of such county ; and any purchaser of stock
under such sale, shall be subject to the same rules and regula-
tions as the origir.al proprietors.
Sec. 4. Be it further enacted, That for the management of
the concerns of the said company, the said Gabriel W. Perpal, Certain per-
Antonio Alvarez, Pedro Baret, Elias B. Gould, and John M. sonsnamed as
Hanson, shall be and continue directors, until twenty days after first directors.
the subscriptions have been closed ; that when said stock shall
have been subscribed for, or the books closed, notice shall be Who shall
given that twenty days thereafter, an election shall be held at give notice &
I order election
St. Augustine for seven directors, who shall be chosen from the for directors.
stockholders having at least two shares each of the stock of said
company; one of which directors shall be elected for president
by the said directors; that said directors shall be elected for the
period of one year, that twenty days previous to the termination
of which period, notice shall be given by the president in a pub- Directors and
Presidenthow
lie newspaper printed at St. Augustine, for a new election of a chosen
like number of directors, with the same qualifications, who shall
choose from their number a president; and in like manner, there-
after, yearly, shall directors and president of said company be Eachshareen-
elected, -for the management of its concerns; that each share titled to one
shall be entitled to one vote upon all questions coming before vote.
the stockholders of said company; any stockholder may autho-
rize an agent to vote for him; in all elections by the company, a
majority of votes shall constitute a choice; and the person or
persons so elected, shall hold their offices until their successors
are appointed; but in the event no election shall take place, Directors may
owing to the fact that no person or persons having a majority of fill vacancies.
votes as herein above provided, or from any other cause, the
company shall not be considered dissolved ; but the old directors
shall continue in office with the same powers as if they had been
re-elected, until such new election shall be made; and the di.
rectors shall have power to fill any vacancies that may occur in
their body between the periods of election.
Sec. 5. Be it further enacted, That the said company shall
have a right to construct a rail road, with one or more tracks,
for the transportation of passengers, produce, goods, and all
other articles whatsoever, from St. Augustine to the St. John's
river: Said road to commence at or near, or within the City of

Rail road St. Augustine, and to terminate at Picolata, or near thereto, at
where to ter- such points as may be determined upon and directed by said com.
inmate, pany, and from the place of commencement to the termination
of said road, such course may be pursued for said road, as said
company shall direct.
Sec 6. Be it further enacted, That the said company, by its
Maypurchase president and directors, shall have power to purchase with the
necessary ma- funds of the company, and to place on the said rail road, all ma-
chines, &c. chines, wagons, vehicles, carriages and teams, of any descrip-
tion whatsoever which they may deem proper and necessary for
the purposes of transportation, all such machines, wagons, ve-
hicles, carriages and teams, and all the works constructed un-
der the authority of this act, and all profits which shall accrue
from the same, shall be vested in the respective stockholders
of the company forever, in proportion to their respective shares,
and the same shall be exempt from any public charge or tax
whatever; and they are hereby authorised, at those points in the
line of their rail road, where it may appear to them important,
May establish for the accommodation and business of the road, to establish
warehouses. depots and warehouses, to be used by them for all necessary
purposes of said road, or to be disposed of by them, when it may
be deemed necessary, and to charge for the storage of produce,
merchandize, and other articles, at such warehouses as they
may find it necessary to construct, rates not exceeding the ordi-
dinary warehouse dues.
Sec. 7. Be it further enacted, That in constructing the said
rail road, it shall and may be lawful for the said company, by its
president and directors, or by its proper agents or servants, to
Maytakeland enter upon and take possession of any land whatsoever, which
may be necessary for the completion of the work contemplated
Proviso. by this act: Provided, that no land shall be taken from private
individuals or corporations, and appropriated to the purposes
aforesaid, without compensation to those owning the same ; and
that it shall and may be lawful for said company in like manner
May take to -take from any land convenient to said rail road, at all times,
stone, timber, such timber, stone, or other materials, as may be necessary for
&c. the construction of and keeping in repair said rail road: Provi-
did, that nothing belonging to individuals shall be taken without
adequate compensation, to be determined in the manner herein-
after provided.
Sec. 8. Be it further enacted, That whenever it shall become
necessary for the said company to take possession of and ap-
It taken from propriate or use any land, timber, stone, or other materials, own-
anyindividual ed by private individuals or corporations, for the route of said
&parties,&c. road, or for constructing or keeping in repair the same or any
part thereof; anid if the parties do not agree on the value of
such land, stone, o- materials, as may be so taken or appropria-
ted, it shall and mav be lawlul tor the president and directors of
said company, or their proper agent, on giving ten day's notice

at least, in writing, to the party owning the same, or to his, her,
or their agent, that application will be made to the judge of the
County Court for a writ of ad quod damnum, i which shall be Writ of ad
grar ted and directed to the sheritf to summon five disinterested quod damnum
persons, householders of lawful age, to meet and value said pro-
perty on oath administered by any justice of the peace, whose Duty of J.P.
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 All expenses
proper agent, and pay the same over to the person or persons- writ to ba
entitled to receive it, and to take an acquittal or refusal of the company.
same; on this tender of the sum awarded to the party entitled
to receive it, or to his, or her, or their agent or attorneys, it shall
be lawful for said company, or their president and directors, or
their agent, to enter upon and take possession of and use any
such land, timber, stone, and other materials; but all the ex-
penses and costs incurred by the writ of ad quod-damnum, shall
be paid by the president and directors of said company: Provi- Proviso.
ded, the appraisers shall not be allowed more than one dollar
each per day whileengaged in such duties : Provided, that if any
person or persons shall purchase or appropriate any of the public
lands over which the rail road shall pass, after the same shall
have been surveyed and located, then and in that case the srid
company shall not be required to make compensation for any of
the said lands or timber, stone, or other materials, which might
be necessary to take from the same, lor the use of said'road.
Sec. 9. Be it further enacted, That all the property so as- Property thus
sessed and paid fbr by the president and.directors of said corn- paid for, tobe-
pany, or Iheir agents, agreeably to the provisions of this act, long to the
and all donations made to and for the same shall forever after, company.
wards belong.to and-become the property of said company, their
heirs, successors, or assigns, in fte simple, in proportion to the
shares owned respectively.
Sec. 10. Be it further enacted That any stockholders of said Stock trans-
company, may and shall have the right-to dispose of and trans- ferable.
fer his, her, or their interest in the same or any part thereof to.
any other person, persons, or corporations, which said transfer
shall not be binding, unless entered on the books-of the compa--Property held.
ny; but the stock of said company, and all the property belong- jointly.
ing thereto, or which may, tram time to time, be acquired by said
company, shall be held jointly and not separately: Provided, Proviso.
that nothing in this act contained shall be so construed, as to
prevent the members of said company from using the profits and
dividends that may be declared upon said stack to his or their
individual purposes.
Sec. 11. Be it further enacted, That the president and direc-
tors of said company shall have a right to demand and receive Rate of to.
such prices and sums for the transportation by their own means
and carriages on said rail road, passengers, produce, goods,

48
and all other articles whatsoever, as may be from time to time,
authorised by the by-laws of said president and directors for
Toll shall not said company: Provided, that such.prices and sums shall not
be increased. at-any time be increased without at least sixty days previous
notice being given in a public print in St. Augustine, and the said
company shall continue to receive such prices and sums for the
transportation of passengers, produce, goods, and all other ar-
ticles whatsoever, as may be prescribed by the by-laws of said
C n.. company so long as the .gaid rail ..road is.kept in operation:
bl for ama- Provided, the said company become. responsible.for any dama-
ges. .ges, said passengers, produce, goods, and article's'of whatso-
ever kind -may receive, in transporting the same on said rail
road;i and alIpr.oduce, good, and articles, of whatsoever kind,.
transported -or conveyed on said rail road, shall be liable for said
Goods-may bp transportation, witli which-they may be.chargeable and .may be
detained for detained tntil the snme'he paid and discharged ; and if the same
be'not paid, and such goods, produce and articles, remain in
possession of the company, fborthe space of twenty days, they
And may be shall be.aold at.public action ; and-after the expenses of trans-
sold. portation. ai-orage, and auction commissions shall be paid, the
remainder shall be paid to-such person, persons, or corporation,
or their agents, who shall be entitled to receive the same: Pro-
vided,-that whn thee-tol'lsupon said. road shall have repaid to
the stockholders the full- amount of its costs, together with all
If tollexceed expenses therobf, then'it. shall be, the duty of said company to
20 per cent on average the tolls' that itot.more than twenty per centum per an-
costa. .num, with profits, shall be received upon the whole amount of
*aid stock, and -the expenses thereon, and that if -the. rates of
toll so established shall. exceed, twentyper cent. as aforesaid,
then the surphls shall be paid into the Territorial Treasuay.
Sec. 12. -Be it further enacted, That the said rail road com-
Companyto pany shall at all times have the exclusive right of transporting
have the ex. or of.conveying persons, goods, produce, and articles of any
elusive right description on said rail road, to be -by them constructed, while
they may see fit to exercise s'dih. exclusive right: Provided,
May rent, but that when the said company may see fit, they may rent or farm
iablasbefore out any or.all of such exclusive privilege, to any person, or per-
sons, or corporation, for such e'rm as-may be agreed upon, sub-
ject to the same responsibilities, for which the company herein
before-mentioned, -hall still be-held bound for damages to indi-
viduals or corporations, which may accrue, by reason of any of
the provisions of this act.
Sec. 13. Be it furtherienacted, That if any person shall in-
Noone allow- trude upon said rail road, or any part thereof, or upon the rights
ed tointrude. or privileges connected therewith, without the permission or
contrary to the will of said company, all the vehicles, articles,
animal or locomotive power that may be so intrusively introdu-
ced and used thereon, may be seized by the company or its
agents, or recovered by suit at law: And moreover, the person

or persons so oefending, shall be liable to be indicted for a mis-
demeanor. and upon conviction, fined and imprisoned by sen-
tence ol the Superior Court of the district in which the offence
may be committed ; and if any person shall artfully and malici- Penalty.
olsiy destroy. o( in any manner hurt, damage, or injure, or ob-
struct, or shall artfully or malicious cause and assist, counsel
or advise any other person or persons to destroy, or in any way
to hurt damage, injure or obstruct said rail road, or any part
thereof, or any edifice, vehicle, right or privilege granted by this
act, and constructed for use under the authority thereof, such
person or persons so offending, shall be liable to be indicted,
aad on conviction thereof, shall be imprisoned not more than six Penalty forin-
nor less than one month, and pay a fine not exceeding five hun- agingro ad
dred dollars, nor less than twenty-five dollars, at the discretion
of the court, before which such conviction shall be had, and
shall be further liable to pay all expenses of repairing the same.
The one half of all the fines that may be imposed by the court
under this act, shall be paid to the informer, and the other half
to the use of the Territory.
Sec. 14. Be it further enacted, That the president and direc- President and
tors be required to make a full report to the stockholders of said directors to
company, at their yearly meeting for the election of directors on
the state of the corporation and its concerns. The president
and directors shall have power to call a general meeting of the May call a
stockholders whenever the afifirs of the company, in their esti- setioholderh
mation may render it expedient to call such a meeting. The
directors shall have power to fill any vacancies that may occur Andfillvacan-
in their body, and it shall be their duty to fill such vacancies ces.
whenever they may occur.
Sec. 15. Be it further enacted, That should any stockholder Any stockhol.
pay an amount upon his or her stock respectively, equal to five der paying 5
per cent., he may have it at his or her option, to forfeit the same reinqishst.m
to the company, or be subject to the provisions of the third sec-
tion of this act.

Passed, February 8th, 1836.
Approved, 13th February, 1836

CHAP. 972. [No. LXI.] An Act to incorporate the Bank of St. Joseph.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That Edmund B. Bostwick, Asa P. Uf- Incorporation
ford, E. J. Wood, H. Hawley, Lewis Cunningham, and their
associates and successors, be, and they are hereby constituted
and made a body politic and corporate, under the name and
7

Style of the Bank of St. Joseph, to be located in the City of St.
Josepn, and by that name, may contract and be contracted with,
sue and be sued, plead and be impleaded, answer and be answer-
ed unto, in all courts; and may have and use a common seal,
and the same may alter and renew at pleasure, and are vested
with all the powers and privileges necessary for the objects of
this charter.
Sec. 2. Be it further enacted, That the capital stock of said
Capital stock company shall be One Million of Dollars-said stock to be
1,000,000. divided into ten thousand shares, of one hundred dollars each;
and after said company shall have been organized and in opera-
tion one year, the same may at any time or times, by a vote of
Maybeexten- a majority of the stockholders thereof, be increased to any
dedZ2,000,000. amountnot exceeding in all Two Millions in addition to the
original capital stock, which increased capital stock shall also
be divided into shares of one hundred dollars each.
Sec. 3. Be it enacted, That books of subscription shall be
opened at the City of St. Joseph on the first day of April next,
Com'isaioners by Lewis Cunningham, Robert Beveridge, E. J. Hardin, Tho-
mas Penny, and H. Hawley, commissioners appointed for that
purpose; any three of whom shall be competent to' open said
Subscriptions books, and receive subscriptions for said stock; and they shall
when opened. keep said books open thirty days, or until the whole ot the stock
shall be subscribed for, and shall give certificates to all persons
subscribing, stating the amount of shares subscribed for, and
the ap mut paid on the shares. "
See. 4. Bit enacted, 'That at the expiration of thirty days,
or so soon as the stock aforesaid is subscribed for, it shall be
the duty of said commissioneTs to give notice thereof, and order
an election for twelve directors of said company, within three
months of the time of opening the books aforesaid, and said di-
rectors shall serve until the first day of January, 1837: But if
all of said stock is not taken, then it shall be lawful for the said
commissioners, or any three of them, at any time within one
year from the passage of this act, to give notice thereof by ad-
Tobe kept vertisement in two of the newspapers of this Territory, and to'
epen6months keep open their hooks for the term of six months, or until the
whole of said stock be subscribed for, and no longer.
Sec. 5. Be it enacted, That so soon as the directors are cho-
.. &aLh slsl. th l f me.tin elect a president, who must.
rectors. ISpe irecor t~Isaidt'r li'fctors shall forthwith
have and take the management of the said corporation; and the
duties of the said commissioners shall cease upon the day of
said election, after they shall have paid over to the said direct-
ors all the money by them received, as the first instalment on
the stock subscribed for, and placed in the hands of the said
directors, the books of subscription: Provided, that the said
Bank shall not commence operations until One Hundred Thou-
sand Dollars be paid ic.

Sec. 6. Be it enacted, That upon each share subscribed for,
there shall be paid at the lime of subscribing, the sum of one One per cent.
per centum, and ten per centum before the Bank shall comr to be paid
mence its operations; the residue to be called in at such time down.
and in such portions, as the board of directors may see proper;
and should a stockholder fail to comply with the call of the
board of directors, when properly notified thereof, he shall for-
feit his stock, and the sum already paid thereon.
Sec. 7. Be it enacted. That the directors for the time being, Directors may
shall have power to appoint such officers, clerks, and servants, appoint offi-
as may be necessary, and allow them such compensation for c.
their services as may be reasonable ; and shall further be capa-
ble of exercising such powers and authorities for the well older-
ing of the affairs of the corporation, as shall be fixed by the by-
laws of the same.
Sec. 8. Be it enacted, That each share shall be represented Eachshareen-
by one vote, and upon the same principle, shall all the matters titled to one
be decided that may come before the stockholders for their de.- ote.
cision; and any stockholder being absent, may by power of at-
torney, authorise any other stockholder to vote for him, her, or
them.
Sec. 9. Be it enacted, That an election for directors (except Election ofdi-
!he first election) shall take place on the first Monday of Janu- rector when
ary, in each and every year, at the Banking-house of the corpo- hed.
ration : Provided, however, that should said election not take
place on that day, the said corporation shall not for that cause
be deeme. o iksolved, but the directors for the time being,
ma.yWdlc t i sot s84,01 tareala ttii' .
Sec. 10. ,BeWiM ,"'M t-ta'l bu stoFi bi' Who may be
citizen of the United States, shall be a director, nor shall any di. directors.
rector be entitled to any emolument; but the board may make
such compensation to the president for his services as they may
think reasonable; and in case of the death, resignation, or re-
moval of the president, the directors shall appoint one from their
number to fill the vacancy, who shall hold his office during the
remainder of the time, for which his predecessor was elected.
Sec. 11. Be it enacted, That the said company shall not be
authorized tr. issue bills of credit for more than three timus the Limitation of
amount of the capital stock actually paid in; and in case an ex- business.
cess of issue shall happen, the directors in office at the time
such excess was issued, shall be liable in their individual capa-
city lor the same; but this shall not be construed to exempt the
goods, chattels, land and tenements of said corporation from
being liable for, and chargeable with the excess.
Sec. 12. Be it enacted, That the said corporation shall not
directly or indirectly, deal or trade in any thing except bills of
exchange and promisory notes, gold and silver bullion; but said Money may
corpseation shall have the privilge and authority to lend money be loaned on
on real and personal estate in this Territory, and to take mort-

gages on the same as security; but the said corporation shalt
not own any more real estate than may be necessary for the
erection of such buildings as may be necessary for carrying on
its business; nor shall said corporation take interest at the rate
of more than eight per centum per annum upon its loans.
Sec. 13. Be it enacted, That the property ofevery stockhol-
Stockholders der in the Territory, shall be bound in proportion to the amount
personally li- of shares held by each stockholder, in his, her, or their natural
able, private and individual capacities, for the ultimate redemption of
the bills issued by or from said Bank, during the time he, she,
or they hold said stock.
Sec. 14. Be it further enacted, That the said Bank shall in
each and every year, before the dividends aie declared by the
directors thereof, set apart for the use of the Territory of Flori-
rida, two per centum on the nett profits which they shall pay
over to the Treasurer of said Territory as a tax ; and the sum
so set apart and appropriated to the use aforesaid, shall be in
full consideration of all taxes of the stock of said Bank, nor
shall the stock of said Bank be at any time hereafter subject to
any other or greater tax.

Passed, February 12, 1836.
Rejected-Reconsidered, and passed by the requisite majority-

CHaP. 973. [No. L.xIC] An Act to incorporate the Florida Insurance
and Banking Company.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
Incorporation cil of the Territory of Florida, That William H. Chase, Jasper
Strong, Jackson Morton, Robert Joiner, John A. Cameron,
Henry Hyer, Walter Gregory, Byrd C. Willis, Alexander J.
Dallas, Walker Anderson, Isaac Hulse, Hanson Kelly, and Ro-
bert Mitchell, and their associates and successors be, and they
are hereby constituted and made a body politic and corporate,
under the name of The Florida Insurance and Banking Com-
pany," to be located at the City of Pensacola, and by that
name may contract and be contracted with, sue and be sued,
plead and be impleaded, answer and be answered unto, in all
courts; and may have and use a common seal, and the same
may alter and renew at pleasure, and may own, possess, purchase
sell, alien, mortgage or convey, lands and other property, as
hereinafter provided, and are vested with all the powers and
privileges necessary for the objects of this charter.
Sec. 2. Be it further enacted, That said corporation shall
have full power and authority to make insurance on lives, to

make insurance on all kinds of property, and effects of every May insu
kind and nature whatever, against losses or damages by fire, lives,&c.
perils of the sea, and all other losses, damage and risks, to
grant and purchase annuities, and ,nuke any contracts, involving
insurances of every kind and nature whatsoever, or relating to
the loan of monies and interest thereon ; to buy, sell and issue
notes, drafts and bills of exchange, bullion and coin, and to ex-
ercise the powers and priviledges of a general insurance corpo-
ration, and also of a bank, in this Territory ; to receive monies
in trust, to accumulate the same at interest; to accept and exe-
cute all trusts committed to them by individuals, or by order of
any of the courts of this Territory, on such terms as may be a-
greed to by it, and to hold lands and other property under any
conveyance in trust, made in accordance with the provisions of
this charter, or as security for debts due or liabilities to it, and
to receive and hold all lands and other property necessary for
the objects and purposes expressed in this charter.
Sec. 3. Be it further enacted, That the capital stock of said Capital 1,0(
company shall be One Million of Dollars, said stock to be divid- 000.
ed into Ten Thousand Shares, of One Hundred Dollars each;
and after said company shall have been organized and in opera-
tion one year, the same may at any time or times, by vote of a
majority of the Stockholders thereof, be increased to any amount
not exceeding in all Two Millions, in addition to the original
capital, which increased capital stock shall also be divided into
Shares of One Hundred Dollars each.
Sec. 4. Be it further enacted, That William H. Chase, John Com'issione
A. Cameron, Walar Gregory, Henry Hyer, Jacksedht oiton,
and Jasper Strong, or any three of them, be and. they are here-
by appointed commissioners to open Books and receive Sub-
scriptions for such capital stock at such times and places as a
majority of them may deem expedient, giving thirty days public
notice thereof, in two of the newspapers printed in this Territo-
ry, and every person subscribing shall pay it the time One Dol-
lar on each Share to said commissioners, or such agent as they
may appoint, and on the Subscription and such payment of the
whole number of Shares above specified, the Books of Sub-
scription shall be closed, and said commissioners shall forthwith
proceed to organize said corporation, by thirty days public no-
tice aforesaid, to the Subscribers, to pay at such time and place
and to such agent as said commissioners may designate, the
further sum ot Nine Dollars as a second instalment, on each Notice of i
Share Subscribed for, and that the Stockholders who have so stalments.
paid said second instalment on the day succeeding the time
limited for such payment, elect Nine Directors, who shall be
citizens of this Territory, and any five of whom shall be a quo-
rum to do business, for such company, to manage and regulate
the affairs thereof, by a plurality of votes of such Stockholders,
each Share so subscribed and paid for, having One vote.

54

Election of di. Sec. 5. Be it further enacted, That the Directors so chosen,
rectors, shall serve until the first Monday of January of the succeeding
year, or until others are elected in their stead; and that on the
first Monday of January in each and every year, there shall be
an election held for such Directors, to serve for one year,or un-
til others are elected in their stead, and in all elections the
Stockholders may vote in person or by duly constituted proxy,
and each Share shall have One vote.
Sec. 6. Be it further enacted, That the Directors shall have
Appointment power to appoint a President from among their own body, Trea-
of officers. surer, Cashier, and other officers of said company, and generally
to manage and transact all the business and affairs of said com-
pany, subject to such by-laws, rules, regulations and directions,
of the Stockholders as may be adopted by the vote of a majori-
ty of the Shares at any general meeting thereof, and pay to
such officers such salaries as shall be deemed expedient by said
Directors.
Sec. 7. Be it further enacted, That the Directors shall, on
the application of the owner or owners of One Thousand Shares
of stock, call a general meeting of the Stockholders, to decide
any matter relating to said corporation, and give due public no-
tice thereof as aforesaid ; the time of such general meeting to
be fixed by the Directors, and to be at the office or banking
house of said corporation.
Sec. 8. Be it further enacted, That all future instalments on
said stock after the second, shall be paid at such times and places
as the Directors may designate, under the by-laws, rules, regu-
lations and directions aforesaid, upon due public notice thereof
in the manner herein before specified, and on failure to pay either
Forfeiture of the second or any other instalment, the Stockholder so failing,
stock, shall forfeit his Shares and the amounts before paid, to the cor-
poration.
Sec. 9. Be it further enacted, That the instalments aforesaid
shall all be paid in specie or its equivalent, and at no time shall
the amount of the obligations, bank notes, bills of exchange or
other securities or liabilities of said corporation, excepting po-
Liabilitiesof licies of insurance as aforesaid, and trusts accepted by it, ex-
company. ceed three times the amount of the capital stock actually paid
in, but the said corporation may take insurances as aforesaid,
and also accept trusts as aforesaid, to any amount whatever.
Sec. 10. Be it further enacted, That in addition to the lia-
Stockolders ability of said corporation, the Stockholders thereof shall be
personally li- jointly and severally, personally liable for the ultimate redemp-
able. tion of all the notes or bills of said corporation, and for the pay-
ments of all its debts and liabilities, to the amount of stock
owned by him, her or them, either when said notes or bills were
issued, or such debt contracted or liabilities incurred, and after
failure of said corporation, to redeem said bills or notes in spe-
cie on legal demand, or to pay and satisfy such debt or liability

55

When legally ascertained and demanded; any creditor of such
corporation may proceed by bill in a court of Chancery, against
any one or more of such stockholders, to recover the said
amount, to be equitably distributed by decree of such court,
among the creditors of said corporation.
Sec. 11. Be it further enacted, That any Court in this Ter-
ritory having the custody or control of any monies belonging to Trusts for mi
any minor or insane, or other person, may by the decree, loan to nors or insane
and place the same with said corporation on interest, the rate of persons.
interest and terms of loan to be fixed by said Court, and agreed
to by said corporation, but in no case the interest to exceed five
per cent.
Sec. 12. Be it further enacted, That the dividends of the Dividends.
profits of said corporation may be declared among the stock-
holders thereof, whenever expedient; but such dividends shall in
no case exceed ten per centum per annum, and the surplus pro-
fits, if any, shall always be reserved as a safety fund, to meet
any losses which may happen to said corporation, and be consi-
dered as part of the capital stock thereof.
Sec. 13. Be it further enacted, That the books of said cor- Bookto beer
portion shall always be subject to the inspection of a commit, amined by L
tee of the Legislative Council of Florida, or a commissioner Council.
appointed thereby; and the said corporation shall make full an-
nual reports to the Goveruor of Florida, within thirty days pre-
ceding the meeting of the Legislature, of its state, condition,
and affairs, to lay before the Legislature.
Sec. 14. Be it further enacted, That the corporation hereby
created, shall not charge any higher rate of interest than is now
allowed by law to the Bank of Pensacola.
Sec. 15. Be it further enacted, That this charter shall be in Limitation a
force until the first of January, 1860, and no tax shall be asses- charter,
sed or levied upon or against said corporation, or its property,
effects, or capital stock, or the stockholders, on account thereof,
different from that assessed against the Central Bank of Florida.

Passed, February 14th, 1836.
Rejected, February 15th, 1836.
Reconsidered, and passed by the requisite majority.

CnAP. 974. [No'. LXIr.J An Act to organize the Tallahassee Guards,

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the Company of Light Infantry in
the county of Leon, known by the name of the Tallahassee
Guards, be, and the same is hereby constituted an independent
Volunteer Company, to be called the Tallahassee Guards.

56

Sec. 2. Be it further enacted, That said Company shall be
subject to the rules and regulations, as far as (e same be ap-
plicable, to an Act passed 29th January, 1835, entitled An
Act to provide for the establishment and organization of the
Spring Grove Guards.
Sec 3. Be it further enacted, That the officers already elect-
ed and chosen by the said Company, shall remain and continue
in the respective commands and grades to which they have been
elected, to wit:-Leslie A. Thompson, as Captain; Robert S.
Miller, as First-Lieutenant; David C. Wilson, Second-Lieute-
tant, and Alexander F. Duval, as Third-Lieutenant, who shall
be forthwith commissioned by the Governor of this Territory
according to law.

'Passed, January 23d, 1836.
Approved, 10th February, 1836.

CHAP. 975. [No. LXIv.] An Act to amend an Act, entitled An Act
to prevent Trespasses and Depredations on Lands within the juris-
diction of the Territory of Florida.

Be it enacted by the Governor and Legislative Council of the
aiten ono Territory of Florida, That before strayed Cattle belonging to
forfeited. non-residents of this Territory, and being within the limits of this
Territory, shall be subject to forfeiture and sale, according to
the provisions of the act, to which this is an amendment-the
Notice how person or persons to whom th3y belong, shall have at least thirty
given, days previous notice of the Cattle being within the limits of-this
Territory, and of the intended sale thereof, unless they are re-
mnoved; which notice may be n.ade by personal service thereof
upon the owner or his known agent, or by posting the same at
three or more public places nearest the residence of said owner
or agent, or by publication in any newspaper printed nearest that
part of the country in which said Cattle are found.

Passed, January 26th, 1836.
Rejected, 13th February, 1836.
Reconsidered and passed by'the requisite majority.

57

CHAP. 976. [No. Lxv.] An Act to incorporate the St. Joseph Insu-
rance Company.

Be it enacted hv the Governor and Legislative Council of the
Territory of Florida, That Asa P. Uffrd, G. W. Smith, J. C.
McClay, Allan Asher, E. J. Wood, Richard Fitzpatrick, Nel- Corporation.
son Hawley. H. C. Allen, and their associates anJ successors,
be, and they are hereby constituted and made a body politic and
corporate, under the name of The St Joseph Insurance trom-
pany," to be located at the City of St Joseph, and by that
name.and style shall have succession of officers and members
for the term of fifty years; and a common seal to use, break,
alter, and amend at their pleasure ; and to sue and be sued,
plead and be impleaded, answer and be answered into any Court
of Law or Equity in this Territory, having competent jurisdic-
tion ; and may make, ordain, and establish such by-laws, rules
and regulations, as they may deern expedient and necessary to
carry into effect the objects of said company ; and the same to
change, alter, and amend, as they may deem necessary and
proper: Provided. such by-laws, ruies and regulations, be not
repugnant to the laws of this Territory, or of the United States.
Sec. 2. Be it enacted, That the capiitil stork of said o in- Capital stock
pany shall he One Million of Dollarl toi be divided into ten 1,000,000.
thousand shares of one hun'lrcd dollars eJch ; and after said
company shall have been organized and in operatio'-one year,
the same may at any time, by vote of a majority of the stock-
holders thereof, be increased to any amount not exceeding Two
Millions of Ddolars, in addition to the original capital, and which
increased capital stock shall also be divided into shares of one
hundred dollars each.
Sec. 3. Be it enacted, That for the well-ordering and govern- President and
merit of said company. there shall be twelve directors, who shall 12 directors.
be elected by the stockholders of said company, and whose duty
it shall be to elect a president from their number.
Sec. 4. Be it enacted, That the Directors so chosen, shall
serve until the first Mondaiy of January of the succeeding year, Annual elec.
or until others are elected in their stead; and that on the first tion,wh'nhold
Monday of January, in each and every year, there shall he an
election held for such directors, to serve for one year, or until
others are elected in their stead; and in all elections, the stock-
holders may vote in person, or by duly constituted proxy, and
each share shall have one vote.
Sec. 5. Be it enacted, That the directors shall have power Directors to
to appoint a president from among their own body, all other appoint apre-
otficeis of s.iid company, and generally to manage and transact sident.
all the business and affairs of said company. subject to such by-
laws, rules, regulations, and directions of the stockholders, as
may be adopted by the vote of a majority of the shares at any
8

58
general meeting thereof, and pay to such officers such salaries
as shall be deemed expedient by said directors.
Sec. 6. Be it enacted, That said corporation shall have full
Companym'y power and authority to make insurance on all kinds of property,
insure, and effects of every kind and nature whatever, against losses
and damages by fire, perils of the sea, and against all other los-
ses, damages, and nsks-to make any contracts, involving insu-
rances of every kind and nature whatsoever; to buy and sell
notes, drafts, and bills of exchange; to exercise all the powers
and privileges.of a general insurance corporation, and to exe-
cute all trusts committed to them by individuals or corporations;
and said insurance company may make insurances and accept
of trusts to any amount whatever.
Sec; 7. Be it enacted, That J; C. McClay, Robert Beve-
Com'issioners ridge, Hezekiah Smith, H. R. Wood, and Thomas Bertram, or
any three of them, be, and they are hereby appointed commis-
sioners to open books and receive subscriptions for said capital
stock at the City of St. Joseph, and at Apalachicola en the first
Monday of April next, giving thirty days public notice of the
same, in two of the newspapers printed in this Territory; and
every person subscribing, shall pay at the time one dollar on
each share to said commissioners, or such agent as they may
appoint; and on the subscription and such payment of the whole
number of shares above specified, the books of subscription
shall be closed, and said commissioners shall forthwith proceed
to organise said corporation, by -thirty days public notice afore-
said, to the subscribers, to pay at such time and place, and to
such agent as said commissioners may designate, the further
sum of nine dollars as a second instalment, on each share sub-
scribed for, and that the stockholders who have so paid said
second instalment on the day succeeding the time limited for
such payment, elect twelve directors, who shall be stockholders
and citizens of this Territory; any five of whom shall be a
quorum to do business for such company, to manage and regu-
late the affairs thereof, by a plurality of votes of such stockhol-
ders, each share so subscribed and paid for, having one vote.
Sec. 8. Be it enacted, That all future instalments of said
Installments. stock, afterthe second, shallbe paid at such times as the directors
may designate, upon public notice thereof being given as herein
before specified; and the instalments aforesaid, shall be paid in
specie, or its equivalent; and in addition to the liability of said
corporation, the stockholders thereof shall be personally liable
for the payment of all debts due by said corporation, to the
amount of stock owned by him, her, or them, at the time such
debt was contracted, or liability incurred; and on failure of said
corporation, to pay and satisfy -such debt or liability, when le-
gally ascertained and demanded; any creditor of said corpora.
tion may proceed by a bill in chancery against any one or mere of
such stockholders, to recover the said amount, to be equitably

distributed by decree of such court among the creditors of said
corporation.
Sec. 9. Be it enacted, That the dividends and profits of said Dividendsand
corporation may be declared among the stockholders thereof, profits.
whenever expedient; but such dividends shall in no case exceed
twelve per centum per annum, and the surplus profits, if any,
shall be reserved as a safety-fund, to meet any losses which may
happen to said corporation, and be considered as a part of the
capital stock thereof; and the said corporation shall make an-
nual reports to the Governor of the Territory of Florida, at least
one week previous to the meeting of the Legislature thereof of
its state, condition, and affairs, the same to be laid before the
Legislature, who may appoint a committee or commissioners,
as they may deem expedient to examine the books of said cor-
poration.
Sec. 10. Be it enacted, That said corporation shall pay a tax Territo6ral
to the Territory of Florida of three per centum per annum on tax.
the nett profits of said corporation r and that this act shall be
taken and regarded as a public act, and shall be favourably con-
strued by all courts in this Territory, and may be given in evi-
dence in all cases where said corporation may be concerned
without special pleading.
Sec. 11. Be it further enacted, That this charter shall conti- Limitrtion of
nue, and be in force until the year one thousand eight hundred charter.
and eighty-six.

Passed, February 12th, 1836.
Approved, 14th February, 183&6

CVur. 977. [Ne. LxvI.] An Act to incorporate the CityofKey West.
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That all the free white inhabitants of that
part of the Island. of Key West, comprehended within the Limits of cot-
limits of the town of Key West, as designated on the plan or poraton.
map of said town, now on file in the Clerk's office in the county
of Monroe, (excepting that part at present, or that may be here-
after occupied by the United States for military purposes,) be,
and they are hereby constituted a body corporate, by the name
and style of the City of Key West; and by said corporate
name, may sue and be sued, plead and be impleaded, grant and
receive donations, purchase and hold real, personal, and mixed
property, in the limits of the said corporation, and dispose of the
same for the benefit of said City; and do all the acts, and pos-
sess all the rights, liberties, and privileges that a corporation

60

body politic, or natural person may do or possess; and may
have and use a corporate seal, which may be broken or altered
at pleasure.
Hw g d Sec. 2. Be it further enacted, That the government of said
Howgoernd City shall be vested in a common Council, con-isting of a May-
er and four Aldermen, to be elected in the manner by the per-
persons and at the time hereinatter directed.
Sec. 3. Be it further enacted, That the first election of May-
Firstelection. or and Aldermen, shall be held at Key West on the first Mon-
day of April, 1836, at the usual place of holding elections, when
the citizens entitled to vote for Mayor and Aldermer., according
to the qualifications hereinafter provided, may assemble and
choose judges and a clerk of the election, and proceed to the
choice of a Mayor and lour Aldermen, who shall serve till the
first Monday in December next.
Sec. 4. Be it further enacted, That all subsequent elections
Annual elec- for Mayor and Aldermen, shall he beld on the first Mor.day of
tions. December of each year, at such places as the Common Council
may appoint, and the votes sh:ill be given by ballot, aind all free
white male citizens of the United States, who are twenty-one
years of age, who shall have resided within the limits of said
City three months, and have paid all legal taxes which shall
have been. demanded of them, shall have a right to vote for a
Mayor and four Aldei men at the elections authorized by this act.
Sec. 5. Be it further enacted, Thalt it shall Ie the duty of
Judgesofelec- the Mayor of said t ily, to order an election for Mayor and Al-
ton. dermen, and appoint judges iherelfr, at least five days previous
to the day designated, lor the annual election ; and if the Mayor
shall neglect or refuse to order and advertise said election, it
shall be the duty of the Clerk of the said Common Council to
do so ; and in case of the neglect or refusal of the Clerk, or
should there be no Clerk, it shall be lawful for the citizens of
said City, who may be qualified, to vote for the members of the
said Commnon Council, to assemble at any convenient place irr
said City, and appoint judges and a clerk to conduct said elec-
tior, and to be judges of the qualification of voters, and may
then proceed to elect a Mayor and four Aldermen, who shall be
sworn into office ; the Mayor and aldermen so elected, shall im-
mediately enter upon the isrcharge of their official duties;. and
if from a refusal to serve on the part of any member elect, or
on the occurrence of ani equality of votes given, or other cau-
ses, the Mayor and Aldermen, or either of them, do not enter
upon the duties of their office, the corporaiion for said cause
shall not become void, but another election shall take place
within five days therafller, uinil which election, if the new
Council cannot be oigaiized, the preceding Common Council
shall continue their duties until others are elected and qualified
to fill their places; and it is hereby made the duty of all judges
of election, acting under this corporation, to make returns in

81

writing of the result thereof, to be deposited and recorded in the
Archives of the corporation.
Sec. 6. Be it further enacted, That the meeting of the said Meetings to
Council shall be public, and be held at such places and at such be public.
times, as the Common Council may think proper: The Mayor
and at least two Aldermen shall constitute a quorum for the
transaction of business ; on the occasional or necessary absence
of the Mayor, the Aldermen shall appoint as President of the
Council, one of their own number, who, during the absence or
disability of the Mayor, shall exercise all the authority and pow-
er conferred on the Mayor by this act.
Sec. 7. Be it further enacted, That on the death or resigna-
tion of any of the members of said Council, or in case of the Vacnncies.
absence of any member for more than two months without leave,
it shall be the duty of the Mayor or President, to order an elec-
tion within five days, in the manner prescribed in the tifth sec-
tion of this act.
Sec. 8. Be it further enacted, That it shall be the duty of Mayor to no-
the Mayor of said City, to see that the ordinances of the Coun- minatecityof-
cil are faithfully executed-to recommend for appointment all ficers.
necessary City officers, and to recommend their removal when-
ever by neglect or misconduct the interest of the City may re-
quire it. He shall preside at meetings of the Council, and be
entitled to the casting vote, 'nd recommend such measures, as
he may think important to the public interest-he shall have
power to convene the Council at extra sessions, and shall pos-
sess, exercise, and enjoy all the powers, authority, duties, and
privileges, and receive the same compensation as a Justice of
the Peace within said corporation.
Sec. 9. Be it further enacted, That the Common Council of Nuisances to
said City shall have power and authority to prevent and remove be removed.
nuisances-to regulate and fix the assize of bread-to restrain
and prohibit all sorts of gambling-to establish and regulate
markets, and the safe keeping of weights and measures-to re-
gulate streets, squares and fences, in the said City-to license
weighers, guagers, and measures-to appoint and regulate pa-
trols, and punish vagrants-to establish quarantine laws, (not
incompatible with the laws of the Territory,) for the preserva-
tion of the health ol the City- to license, tax, or restrain Billiard
Tables,--Nine or Ten Pin Alleys, and other public games or
amusements-to license and tax hawkers, pedlars, transient
traders, and retailers of liquors, and keepers of bars, retailers of
dry goads and groceries, commission merchants and auction-
eers-to tax pleasure carriages-to tax slaves resident within
the corporation : Provided, the tax on slaves, shall not exceed
the Territorial tax : They shall have power to levy a tax on real
estate within said City, of not more than one-sixth, and not less
than one-eight of one per cent. per annum of the value of said real
estate to be estimated by appraisers under oath, appointed by

the Common- Council; they shall have power to pass all ordi-
nances and laws necessary and proper to carry the provisions
of this act into effect, and to establish by-laws for their own
government in transacting business, and to compel the attend-
ance of members, and generally shall have power to provide for
the internal police and good government of said City; they
shall have a general control over the public burial ground within
the corporation, and shall regulate the same; they shall have
power to provide for the storage of gunpowder, and to encour-
age and organize fire companies.
Sec. 10. Be it further enacted, That the taxes levied by said
Rate of taxes. Common Council, shall not exceed the following rates:-On
retailers of spiritous liquors, twenty dollars-auctioneers, ten
dollars-retailers of dry goods and groceries, ten dollars-bil-
liard tables, twenty dollars-on nine and ten pin alleys, five
dollars-on hawkers, pedlars, and transient traders, for each and
every privilege to retail merchandise, (poultry and vegetables
excepted) twenty dollars: They shall have the power to levy a
poll or capitation tax of one dollar per head per annum, upon
all free white males of the age of twenty-one years, and of two
dollars per head per annum upon all free male persons of color
of the age of fifteen years.
O Sec. 11. Be it further enacted, That all laws and ordinances
how publishdf said Common Council, shall be signed by the Mayor and
Clerk, and published and posted up in three of the most public
places in said City, at least three days before they take effect.
Sec. 12. Be it further enacted, That all acts and parts of
Repealing acts, heretofore passed contrary to the provisions of this act, be,
clause. and the same are hereby repealed.

Passed, January 22d, 1836.
Approved, 13th February ,1866.

CiuA. 978. [No. LxvII.] An Act for the Compensation of the Mem-
bers and Officers of the Council, and for other purposes.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the Governor cause to be audited
and settled the pay and mileage of the Members for their atten-
dance at the Council, from Monday the 4th day of January,
1836, to the 15th day of February, of the same year, both days
inclusive, agreeably to the allowance authorized by the act of
Congress.
Sec. 2. Be it further enacted, That he cause to be paid to
Joseph B. Lancaster, Secretary of the Council, five hundred
dollars.

To Robert B Copeland, Enroling and Engrossing Clerk,
three hundred dollars.
To Henry J. Holmes, Enrolling and Engrossing Clerk, three
hundred dollars.
To Samuel B. Fitzpatrick, Enroling and Engrossing Clerk,
four hundred and two dollars sixty-nine cents.
For copying the Laws for the Printer, three hundred dollars.
To James Bryan, Jr., Sergeant-at-Arms, one hundred and
seventy-five dollars.
To Moses Ellis, Door-Keeper, one hundred and seventy-five
dollars.
To William Wilson, for Printing, Stationary, and contingen-
cies of the present Session of the Council, thirteen hundred
and forty-eight dollars thirty cents.
To Hamilton Hudson, for the funeral expenses of Samuel
Miles, deceased, late a Member of the Legislative Council,
who died during the present Session, fifty-nine dollars twenty-
five cents.
To Joseph B. Lancaster, for sundry contingent expenses of
the present Legislative Council, four hundred dollars.
To James Bryan, Jr., for furniture, fuel, and servants em-
ployed by the Sergeant-at-Arms, ninety-two dollars fifty cents.
To Fredeiick Towle, for contingencies, eighty-five dollars
sixty-two and a half cents.
Sec. 3. Be it further enacted, That the Governor be autho-
rized to pay William Wilson, so soon as the Public Printing
shall have been executed, for Printing the Laws in pamphlet
form, two dollars and twenty-five cents per page-For publish-
ing the same in the Floridian, one dollar per page-For Print-
ing the Journals in pamphlet form, two dollars per page.
Sec. 4. Be it further enacted, That the Governor cause to
be audited and settled the accounts of the Editors of the News.
papers authorized to publish the Laws of the present Session,
according to the act of Congress.

Passed, February 14th, 1836.
Approved, 16th February, 1836.

CxAP. 979. (No. LxvIII.] An Act to provide for the more effectual
defence of the Territory of Florida, and for the Militia and Volun-
lunteers of said Territory, employed in that defence.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the said Governor be hereby em-
powered, and that it be his duty to order into actual service

'Governor au- against the Indians, such portions of the Militia of this Territory,
thoris'd tocall as may be necessary in co-operetion with other troops in the
out Militia. same service, to bring to a speedy close the murderous and sa-
vage war, now raging within and laying waste the Territory.
Sec. 2. Be it further enacted, Chat the Militia called into
Officers to be service under the authority of this act, whether by Detachment,
called out. C >mpanies, Regiments, or Brigades, or by )raft, shall be so
called into service, with a due proportion of officers of all grades
according to ihe existing organization, at the time thereof of the
Militia of this Territory ; and that while in service, all such of-
ficers, agreeably to the eight section of the act of Congress, en-
titled An Act more effectually to provide for the National de-
fence, by establishing a uniform Militia thoughout the United
States," shall take rank according to the date of their respective
commissions; and when two or more officers of the same grade,
Their grade. holding commissions bearing equal date, then their rank shall
be determined by lot, to be drawn openly in such manner as
shall be directed by law, or by their immediate commanding of-
ficer; and in case of the death or removal, or inability of any
Vacancies, officer, to act after being called, into service, his vacancy shall
be filled ; where admissible, by regular promotion, otherwise by
appointment according to law; but the person promoted or ap-
pointed to fill the vacancy, if it be of a Company officer, shall
When tobe belong to the same Company limits with him, whose vacancy he
flled by the fills-if it be of a Regimental officer, to the same Regimental
Governor. limits; and where Companies or Regiments have neglected to
complete their organization, by the appointment of the proper
Company or Regimental Officers, then in every such case the
vacancies may be filled by appointment of the Governor, always
to be made of persons belonging to the proper Company or (as
the i ase may be) Regimental limits; and all such appointments
made by the Governor, if the Legislative Council be in Session
at the time, shall be made with the advice and consent of said
Council.
Sec. 3. Be it further enacted, That any Private, Musician, or
Private, how non-Commissioned officer called into service, may be excused
,excused. therefrom, upon the certificate of his Regimental Surgeon, that
he is not able-bodied, but that Irom permanent disability, he is
unfit for Military duty; but from temporary sickness or disabili-
ty, he shall not be finallydischarged, but only placed on the
sick list, or furloughed till his recovery.
Sec. 4. Be it further enacted, That any Regimental Surgeon
Falsecertifi- or person employed and acting as such, who shall knowingly
care. give a false certificate of disability, or receive pay or compensa-
tion for any certificate of disability, shall by sentence of Court
Martial, be dismissed from the service, be deprived of all pay
due him, and his sentence and dismissal shall, by order of the
Court, be published in the public gazettes of the Territory, and
every such certificate shall be absolutely void.

Sec. 5. Be it further enacted, That to enable the Governor
the more effectually to carry this act into full and perfect effect,
and to bring the said war to a speedy and successful termination,
he be hereby authorized to apply to the General Government for
sufficient pecuniary funds, or to borrow for that purpose until the
same be advanced by the United States, any sum on the faith of
the Territory, not exceeding two hundred thousand dollars.
Sec. 6. Be it further enacted, That it be recommended to
Congress to pass a law, that each and every officer, non-
commissioned officer, musician or private belonging to the Mi- Bounty land.
litia of this Territory, who, under authority of this act, or of
any law of this Territory, shall from the time he first entered,
continue, be, or remain in actual service against the Indianene-
my, faithfully and honorably, for four consecutive months, or
till the present war shall terminate, in addition to the usual pay,
and all allowances provided by the laws of the United States,
one full quarter section of public land, to be entered by him, of
any surveyed, unsold, and unincumbered land belonging to the
United States within the limits of Florida: and the heirs and
legal representatives of any such officer, non-commissioned of-
oficer, musician or private, who shall die, or be killed, or has
died, or been killed, in the performance of his duty, while in
such service, shall be entitled to the quarter section of land, and
to enter for it in the manner in this section above provided;
though the term of four month's service shall not have been
completed, nor the war terminated; and in every case of a non-
commissioned officer, musician, or private, the certificate of the
Commanding Officer of his Company, countersigned by the Co-
lonel or Commanding Officer of his Regiment, or by the Com-
mander of his Brigade, that he served the four months, or till
the end of the war, faithfully and honourably, shall be evidence
of the performance of the service as certified. And it is hereby
further enacted, The better to ensure this provision, for the
faithful and honourable soldier, that it shall be the duty of the
Governor of this Territory, and of its Delegate in Congress, to
use their best exertions to obtain the passage of the necessary
law.

Passed, February 14th, 1836.
Approved, 15th February, 1836,

RESOLUTIONS.

WHaRntAS, Under the Militia law of this Territory, passed
and approved on the 15th January, 1836, the citizens of this
Territory are permitted to commute and exempt themselves
from the obligation of defending the homes, the firesides, and
the lives of the good people of Florida, against the savage foe,
by the payment of a sum of money : AND WHiERAS, It is re-
ported, that sundry persons have availed themselves of this per-
mition, and have paid considerable sums therefore, to the officers
entitled or supposed to be entitled, to receive the same : Now,
therefore,
Be it Resolved by the Governor and Legislative Council of
the Territory of Florida, That all such sums of money so paid
and received, or that may hereafter be so paid and received,
shall be, and the same is hereby appropriated as a fund for the
relief of, %nd to be distributed to the poor and orphan children
belonirng to this Territory, whose parents or fathers have fallen
or may fall victims to our enemies in the present murderous war.
Be it further Resolved, That all Military officers, or other
persons who have received, or may hereafter receive any such
sum or sums, shall without delay pay over the same without any
defalcation or commission, to the Treasurer of this Territory, to
be held by him for such poor or orphan children, to be distribu-
ted for their use in such manner as may be directed by law.
And be it also further Resolved, That any officer or other
person, who has or may receive any such sum or sums, and
shall fail to pay, or cause the same to be paid over to the said
Treasurer, as directed in the above Resolution, shall be liable
to indictment before the Superior Court, and to fine in double
the amount of any such sum or sums of money, which he shall
so fail to pay to the said Treasurer.

Passed, February 8th, 1836.
Approved, February 12th, 1836.

WHEREAs, The War with the Seminole Indians in Florida
has been most destructive to the lives and property of our fel-
low-ctizens in the Eastern and Southern district in this Terri-

toty we feel it our duty to use every exertion in our power to
repair the losses sustained by them in the war, and' to alleviate
the calamities of our suffering fellow-citizen3 in the East and
South, who, by a cruel and savage foe, have beeii reduced from
comfort and independence, to poverty and st.rvation1-who have
seen the blood of their fathers, wives and chidre," streaming
over the floors of their blazing dwellings, and i toil of long
years of suffering and privation in the wilderness, which ,vas
just blessing them with abundance, and g.1i.g iappi:ness an'i
joy to their families, vanish in a moment irt ai the horrors of
conflagration and death.
Be it therefore Resolved by the Govornnr nuui Legislative
Council of Florida, That they will to-morrow elect two Mem-
bers of this House, who shall immediately proceed to the City
of Washington, with these and other Resolutions of this body,
in relation to the sufferings and losses of our feiiow-citizcns of
this Territory, occasioned by the Indian war, and present the
same to the Committee of Indian Affairs, in the Senate and
House of Representatives of the United States in Congress
assembled, and also the President of the Unitea Statess sctici-
ting their parental aid, and such immediate relief for our sui.er-
ing fellow-citizens, as their destitute situation requires.
Be it further Resolved, That our said Commissioners be in-
structed to solicit from Congress the immediate appointment of
a person, who shall, without delay, investigate the losses sus-
tained by our inhabitants in the present war with ith Indians,
and report the same in such manner as Congress may direct.
Be it further Resolved, That five hundred dollars be, and the
same is hereby appropriated out of the funds of this Territory,
to meet the expenses of said Commissioners to the City of
Washington, and back to their residence in this Territory,
Be it further Resolved, That the Hon. Joseph M. White, our
Delegate in Congress, be requested to co-operate with our said
Commissioners, and to exert his influence in Congress to carry
into effect the foregoing Resolutions.

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

Resolved, That so much of all fines and pecuniary forfeitures
collected of free people of colour, under infractions by them,
of the present or lutuf e penal 'ode of the Ttailtory of Florida,
as may be necessary, be, and'heieby is appropriated as a per-
manent fund, to meet the transportation and expenses of such
people of color as may be disposed, voluntarily, to emigrate

from the limits of this Territory, to the States and Territories
of the Confederation, in which Slavery is repudiated as an evil,
and deprecated as a moral sin.

Passed, January 1Sth, 1836.
Approved, January 20th, 1836.

Resolved by the Governor and Legislative Council of the
Territory of Florida, That the Treasurer of the Territory be,
and he is hereby authorized to purchase the full length Portrait
of Washington, now exhibiting in this City. and that he cause
the same to be replaced in the Council Chamber back of the
President's seat.
Resolved, That the sum of five hundred dollars be, and it is
hereby appropriated out of the Tallahassee fund, for the pur-
pose of carrying into effect the foregoing Resolution.

Passed, February 12th, 1836.
Approved, 13th February, 1836.

INDEX.

Alachua, Superior and County Courts, Page.
An Act respecting, : : : 16
Administrators.
Act respecting, : 31
Apalachicola.
Charter of, amended, : : :
Barbor. J. B.
Authorized to establish a ferry, : : : 15
Bridges, act concerning, : : : 1
Banks,
St. Joseph Bank incorporated, 49
Central Bank, : : : .
Union Bank, charter of, amended. : : :
Florida Insurance and Banking Company, 5 52
Columbia County
Two terms of Superior Court of, established, : 4
When held, : : : : :
Militia of, organized, : : : : 12
Records in Clerk's office, : : : : 33
Crews, Esther, Geo. W. &c. name of, changed, 5
Calhoun Academy incorporated, 11
Carter. G. \V. name changed, : : : : 13
Cooper, Thomas authorized to establish ferry, : :
Capital Square.
Act respecting, : : : : : 38
Central Bank,
Act for reliefof : : : :
Compensation Act,
Dade County established, &c. : : : : 19
Depositions,
Act concerning, : : : :
Econfeeno River declared navigable, : : : 2
Executive Staff,
Act concerning, : : : : : 3
Executors,
Act respecting, : : : : 31
Franklin County,
County site changed to St. Joseph. : : 1
Twelfth Regiment organized, : : :
Feneholaway River declared navigable, : : : 10
Florida Insurance and Banking Company,
Act to incorporate, : : : : 52
Goff Thomas.
Sale of real estate oi; authonsed, : : : 3
Hamilton County, site of established : : 11
Guardians,
Act respecting, : : : : 31

70

Highways and Bridges, Page.
Act concerning, : : : : 21
Judicial Proceedings.
Act regulating : : : : : 33
Juniper Creek,
Jackson County,
Authorized to levy tax. 37
Declared navigable, : 37
Key West,
Incorporated, : : : : : 59
Lake Wimico and St Joseph's Canal Company incorporated, 8
Tallahassee charter applicable,
Election of directors, : : : : 9
Sales at auction, : : : "
Loftin, William M., authorized to establish ferry, : : 17
Madison County,
Time of holding Courts of, changed, : : 3
Mita, Acttelatlug L.County site, : : : 11
Mihlta,
Term of service limited, : : : IS
Act concerning, : : : : 6
Volunteers,
Offitcrs when nominated by Governor, : : "
Requisition of Troops,
Fines. : : : : : : 7
Governor authorized to borrow 20,000,:
Act for the relief of, : : : 40
Governor authorized to call out Militia, : 63
McLemore, John authorized to build a bridge, : : 12
Militia Laws,
Act explanatory of, : :
Middle District,
Superior Courts of, : : : S
McCormick. Paul
Act bor the relief of : : : : 43
iassau River,
Pilotage of 20
Norman, J. A. L.
Act respecting, : : : : 4
Pensacola Steam Saw Mill,
Act concerning, : : : :
Pritchard, William
Act respecting estate of : : 41
Public Lands,
An Act to prevent depredations, : : 56
Rail Roads,
St. Augustine and Picolata, : : 4
Shelton, S. B. act to divorce, : : : 13
Seminole Negroes and Mulattoes, act concerning, : 1
Sale and outlawry o, : : : : 11
St. John's River, Pilotage of, : : : : 2
Stewart, James act for relief of : 2
St. JoseDi.,
City incorporated : : :
St. Augustine,
Mihtary exempts organized. ; :

71

School Lands, Page.
Act respecting, 41
St. Augustine and Picolata Rail Road.
St. Joseph Insurance Company incorporated, 7
lomlinson, A. G.
Act tbr the relief of, 5
Tallahassee Guards,
Act incorporating, :
Union Bank of Florida,
Charter amended, : :
Villaverde. Antonio
Will of admitted to Probate, Is
Willis, J. & J. authorized to keep lerrv,
Act of 183. repealed, :
Washington County Courts,
Act respecting,
Writs of Error,
Act respecting, :
Waukulla River,
Ferry over, 39

	Front Cover
	Title Page
	Titles to the acts, 1836
	Acts of the governor and legislative...
	Resolutions
	Index

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