• TABLE OF CONTENTS
HIDE
 Title Page
 Titles of the acts
 Acts of the legislative council...
 Index














Title: Acts of the Legislative Council of the Territory of Florida
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00073405/00002
 Material Information
Title: Acts of the Legislative Council of the Territory of Florida
Uniform Title: Laws, etc. (Session laws 1837-1839)
Physical Description: 3 v. : ; 21 cm.
Language: English
Creator: Florida
Publisher: S. S. Sibley, printer
Place of Publication: Tallahassee, Fla
Publication Date: 1838
 Subjects
Subject: Law -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
 Notes
Dates or Sequential Designation: 15th session (1837)-17th session (1839)
General Note: Imprint varies.
 Record Information
Bibliographic ID: UF00073405
Volume ID: VID00002
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 18494369
 Related Items
Preceded by: Acts of the Governor and Legislative Couincil of the Territory of Florida
Succeeded by: Acts and resolutions of the Legislative Council of the Territory of Florida

Table of Contents
    Title Page
        Page 1
        Page 2
    Titles of the acts
        Page 3
        Page 4
    Acts of the legislative council of the Territory of Florida, passed at the sixteenth session, 1838
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
        Page 62
        Page 63
        Page 64
        Page 65
        Page 66
        Page 67
        Page 68
        Page 69
        Page 70
        Page 71
        Page 72
        Page 73
        Page 74
        Page 75
        Page 76
        Page 77
        Page 78
        Page 79
        Page 80
        Page 81
        Page 82
        Page 83
        Page 84
        Page 85
        Page 86
        Page 87
        Page 88
    Index
        Page i
        Page ii
        Page iii
        Page iv
        Page v
Full Text






OF THE

LEGISLATIVE COUNCIL,


OF THE





PASSED AT ITS SIXTEENTH SESSION,


COMMENCING MONDAY JANUARY 1ST, AND ENDING
SUNDAY FEBRUAR? 11TH, 1838.


WITH ALSO

THE RESOLO'TIONS

OF A

PUBLIC OR GENERAL CHARACTER

ADOPTED BY THE

LEGISLATIVE COUNCIL.




By Authority.



TALLAHASSEE:

S. S. SIBLEY,. PRINTER.


1838.







TITLES OF THE ACTS.

No. 1. An act to fix the county site of Madison county
2. An act to amend an act entitled, An at to incorporate the Metho-
dist Epidcepal Church in St. Augustine, approved 13th January, IUS.
3. An act to authorise James T. Pattison, to build a bridge over the
Oscilla river.
4. An act to establish a Ferry ever the Santa Fe river.
5. An act in addition to the several acts now in foreign this Territory
in relation to roads and highways.
6. An act for the taking of a Census of Florida.
7. An act further to amend an act to incorporate the Lafayette Salt
Company of Key West, approved 13th November, 1829.
8. An act to organise the county of Calhoun, and for other purposes.
9. An act amendatory to the several acts incorporating the city of St.
Joseph.
10. An act to amend an act entitled, An act to incorporate the Bank of
Jacksonville, approved, February 14th, 1835.
11. An act to amend an act to regulate the foreclosure of mortgages.
12. An act to establish the County Site of Hamilton county, and to
repeal an act to make permanent the county Site of Hamilton county,
passed 15th January, 1836.
13. An act to change the times of holding the County Court of St.
Johns county, and for other purposes.
14: An act to revive and continue in force, an act establishing a Ferry
over St. Johns river, at Jacksonville.
15. An act providing for the safe keeping of the Records of the eoun-
ty of Musquito,.and for other purposes.
16. An act to call a Convention for the purpose of organizing a State
Government.
17.' An act to authorise Limited Partnerships.
18. An act to amend an act entitled, "An act to incorporate the City
of Apalachicola."
19. An act concerning Corporations.
20. An act for the relief of Robert C. Lester.
21. An act to incorporate the Florida PeninsulaRail Road and Steam.
boat Company.
22. An act to incorporate "The Southern Joint Stock Company, for
the establishment of certain manufactories and other wotks, and the en-
couragementof labor in Florida."
23. An act to amend an act concerning Dower.
24. An act in addition to an act (approved January 30th, 18836) er-
tied, An act to prevent any person in this Territory, from carrying arw
secretly.
25. An act to authorise John Bryan to establish a Ferry aeros Holmea'
Creek.
26. An act to amend the several acts now in force, concerning Exe-
cutions.
27. An act to amend the several acts regulating County Courtsin tua
Territory.
28. An act to charter and incorporate the Trustees of the St. Andrews
College in West Florida.
29. An act to change the time of holding the County Court of Jack-
son county.
0S. An act for the relief of Micajah Dean.








S1. An act to incorporate the Tropical Plant Company of Florida.
e8. An act for the.;elief of George W. Somaryndick.
83. An act to change the corporate name and style ol' the Pond Creek
and Black Water River Canal-Company, and brother purposes.
84. An act to legalize certain proceedings in the Superior Courts of
East Florida.
5.: An act to establish and regulate Pilots and Pilotage, at St. Johns
Bar, in the Territory of Florida.
96. An act to authorise Douglass Vassand others, proprietors of the
Mineral Spring in Columbia county, to build a bridge across the Suwan.
nee river at said Spring.
"' An act authorising John Bellame to render the Oscilla river navi-
gable.
38. An act supplemental to the several acts incorporating the Bank of
Pensacola.
89. An act for the relief of the Florida Troops, during the Indian war.
40. An act to incorporate the Alachua Land Company.
'41. An act to amend an act to incorporate the Farmers Bank of
Florida.
At.'An act to authorise Abram Milstead to build and establish a Toll
Bridge across the Big Escambia, in Escambia county.
"43. An act to amend the act to incorporate the Roman Catholic Con-
gretation of the City of Pensacola.
4. An act to incorporate the Protestant Episcopal Church in tiie
Diocese of Florida.
'45. An act further to amend the charter of the Southern Life Insur-
ance and Trust Company.
46. An act to repeal an act concerning Jurors in the Southern District.
47. An act to authorise the St. Andrews and Chipola Canal and Rail
Road Company, to establish the books of Record of the Company, and
all other papers lost by said Company by fire.
S48. An act to carry into effect a general system of Education in the
Territory of Florida, by the educating of Schoolmasters.
49. An act for the compensation of the Members and officers of the
Legislative Council.
50. An act to authorise the Trustees of Jefferson Academy, to rent the
School Lands within the county of Jefferson, and for other purposes.
51. An act to provide for the erection of a Court House and Jail in the
counties of Franklin and Calhoun.
59. An act to incorporate the Florida Steam Packet Association.
53. An act to repeal an act to incorporate the Stockholders of the
Union Bank of Florida, so far as it relates to the establishment ofa branch
in Marianna.
54. An act to incorporate the Dade Institute of Florida.
5A. An act to authorise Augustus Pongand aud Francis Gue, the At-
torneyes f F. J. Avice, to selTand convey certain property in lands, Lfr
ihe benefit of the children of said Francis J. Avice.
56. An act to suppress the issuing or circulation of Change Bills, and
.or other purposes.
57. An act for the relief of J. J. Sands.
58. An act to incorporate the City of Kev West.
59. An act to amend an act incorporating the East and South Florida
Canal Company.
60. An act to incorporate the Pensacola City Company.
61. An act to amend an act entitled, An act toincorporate the Southern
college at St. Augustine, approved February 11th, 1837.






ACTS


OF THR

LEGISLATIVE COUNCIL
OF THE

TERRITORY OF FLORIDA.


RICHARD K. CALL, Governor of Florida.
JOHN P. DUVAL, Secretary.
THOMAS BROWN, President of the Council.
J. S. ROBINSON, Chief Clerk.


No. 1-AN ACT to Ex thcCounty site of Madison County.
Section 1. Be it enacted by the Governor and Legislative Commission'rs
Council of the Territory of Florida, That on the first Monday to be elected.
in March next, an election shall be held in the County of Mad-
ison for five Commissioners, to be governed by the same rules
and regulations as are provided by law for the election of mem-
ber" of the Legislative Council, whose duty it shall be to lo- Duties.
cate a seat of justice for the said County.
Sec. 2. Be it further enacted. That the place selected by
the Commissioners aforesaid, or a majority of them, shall be
the permanent seat of justice of said County.
Sec. 3. Be it further enacted, That upon the said Commis- County court
sioners agreeing upon a site and reporting the same to the 'to brse money
County Court, it shall be the duty of the said County Court,
to appoint Commissioners to contract for the building of a
Court House at 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
necessary to complete the building aforesaid. Court to be
Sec. 4. Be it further enacted, That after the Court House held. &c.
is received by the Commissioners aforesaid, it shall be the duty
of the judges of the Superior and County Courts to hold their
respective Courts for Madison County at said Court House.
Sec. 5. Be it further enacted, That all laws heretofore pass Repealing
ed providing for a seat of justice for said County, be, and are clause.
hereby repealed.
Passed llth Jan. 1838.-Approved 26th January, 1838.







6 )
No. 2-AN ACT to amend an act, entitled an act to incorporate the Meth-
odist Episcopal Cliurh in St. Augustine, approved January 13th, 1835.
Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That any three of the Trustees of
the Methodist Episcopal Church in the City of St. Augustine,
Quorun. called "Bethel Church," shall be a quorum to do and transact
all or any business therefore, when duly convened for that pur-
pose, and that any three of the said Trustees, when-duy .con-
vened for the purpose aforesaid, shall have full power and au-
Powers of thority to sell, convey, dispose of, and transfer all manner of
Trustees: property, either real or personal, belonging to said Church, and
to make, execute, and deliver, any bill of sale or deed of con-
veyance therefore, which shall be as good and valid to all intents
and purposes, as though all of the Trustees of said Church
were present at such sale, or transfer, and joined in the making,
execution, and delivery of such bill or bills of sale, or deed or
deeds of conveyance-Provided, however, that it shall be the
duty of the Trustees of said Church, or some one of them, to
cause a notice of any intended meeting of the said Trustees,
Notice of trus- for the purpose aforesaid, to be published at least three weeks
eto e ad- successively next preceding the time of such intended meeting,
in some public newspaper in the county wherein such meeting
is intended to be held, or in which some of the said Trustees
shall reside, stating in such notice the time and place where it
is intended to hold said meeting, and when any real estate be-
longing to said Church is to be offered for sale, or otherwise
disposed of at such meeting, that object shall also be distinctly
stated in such advertisement, and the real estate intended to be
sold and conveyed, at such meeting, shall also be fully and
particularly described in said notice.
Passed January 9, 1838.-Approved January 15, 1838.



No. 3.-AN ACT to authorize James T. Pattison to build a bridge over the
Oscilla River.
Section 1. Be it enacted by the Governor and Legislative
Bridge where Council of the Territory of Florida, That James T. Pattison
to be located: be, and he is hereby, vested with the right and power to build a
bridge over the Oscilla River, below the junction of the two
rivers, on or near section twenty-eight, township one, range six,
north and east; Provided, the said James T. Pattison, his
To keep in re- heirs, or assigns, do keep the same in good repair (unavoidable
pair: accidents excepted) for the safe crossing of such vehicles as






( 7 )
travel the road; and shall be allowed to receive the prices of
toll allowed by law to be received, which the County Court of Toll rates:
of Madison County may direct; Provided nevertheless, that
nothing in this act, shall be so construed as to authorize said
Pattison to obstruct the free passage of vessels or boats in go- Obstruc i.Jn.
ing up or down said river.
Sec. 2. Be it further enacted, That it shall not be lawful for
any other person or persons to establish a bridge or keep a fer-
ry, within five miles of the bridge by this act provided for, unless No other br'dg
the same shall be for his, her, or their own exclusive use, and to be built.
not for the purpose of receiving tolls.
Sec. 3. Be it further enacted, That the privileges heretofore
granted to the said Pattison, do continue for the space of twen-
ty years. Time.
Passed Jan. 18, 1838.-Approved 26th January, 1838.


Ne 4-AN ACT to establish a Ferry over the Santa Fe River.
Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That Edmund Reid be, and he is
hereby vested with the right and power of establishing a Ferry
and charged with the duty of keeping the same in repair, across t egegr-
the Santa Fe River at Fort White; and the said Edmund Reid
shall continue in the enjoyment of the right of said Ferry, for
and during the term of fifteen years; Provided that the said
Reid shall so long keep the said Ferry in good repair.
Sec. 2. Be it further enacted, That it shall be unlawful for o othr
any other person or persons to establish or keep a ferry within to b built
five miles of said ferry on the River Santa Fe; except it be for
his or their own use, and not for gathering toll.
Sec, 3. And be it further enacted, That it shall be the duty Iluties preseri-
of the said Edmund Reid, his heirs and assigns, to keep at all bed
times, a good and sufficient flat, or other craft, of sufficient
size to cross a wagon and team; and that he shall receive such
toll as maybe fixed from time to time by the County Court of
Alachua, and be subject to the order of said Court, or any fu- Tou.
ture Legislative Council of this Territory.
Passed 18th Jan. 1838.-Approved 26th January 1838.







(8)
No. 5.-AN ACT in addition to the several acts now in force in this Territo-
ry in relation to cReads and HighIways.
Section 1. Be it enacted by the Governor and Legislative
Duty of c'ty Council of the Territory of Florida, That it shall be the duty
cle ks. of the clerks of the County Courts, within ten days after sessions
of the courts held intach county m the spring, to make out and
hand over to the sheriffs of their respective counties, a complete
list of the names of the commissioners of roads.
Sec. 2. Be it further enacted, That it shall be the duty of
Duty of sher- the sheriffs, within ten days after receiving such lists to give
ifLr. notice to each and every commissioner of their respective coun-
ties of their appointment.
Sec. 3. Be it further enacted, That for every notice so giv-
en, the sheriff shall receive fifty cents and the mileage allowed
by law, to be paid out of the county funds, and for neglect to
Penalty for perform the duty herein required, shallbe liable to afine not ex-
neglect of uty ceding fifty dollars, to be recovered in any court having com-
petent jurisdiction. The fine to be paid into the county Treas-
ury.
Passed Jan. 22,. 183S.-Approved 26th January 1838.



No G.-ANACT lor the taking of a Census of Florida.
Be it enacted by the Governor and Legislative Council ofthe
governorr to Territory of Florida, That the Governor is hereby authorized
appoint per- and directed, immediately after the final passage -of this act,
sons totake the to appoint any number of persons he may think expedient, in
census: the several counties of this Territory, whose duty it shall be,
on or before the first day of April next, to'take a Census of the
inhabitants, including and setting forth the number of white per-:
sons, slaves, and free persons of colour, in their respective
Oath to be counties; and the persons so appointed, before entering on the
made: duties contemplated by this act, shall make oath before a Judge
or Justice of the peace, faithfully, diligently, and truly to take
the Census in their respective limits; and the said persons thus
Deputies may appointed, are authorized to appoint one or more deputies, who
beappointed. shall also be sworn to a like performance of their duties, and it
is hereby required that certified returns of the Census, as taken
Returns when shall be made to the Governor and Secretary of the Territory,
and where on or before the first day of May next, and a certified copy
made: thereof be filed in the County Court Clerks office of the Coun-
ty where the Census is taken.
Section. 2. Be it further enacted, That the persons in each









county whose returns of the Census shall be received at the
Executive Office on or before the first day of May next, shall Compensatioir
receive as compensation for the duties herein required, five cents
per head on each inhabitant in their respective limits.
Sec. 3. Be it further enacted, That the Treasurer of the Ter-
ritory is hereby authorized and directed to pay to the several Treauurer to-
persons appointed under this act, the amount due to each for pay on certifi-
the services rendered as herein required, upon the certificate ofcate of Gover-
the Governor that the services have been performed.
Passed 22d Jan. 1838.-Approved 26th January 1838f.



No. 7. AN ACT further to amend An Act, to incorporate the Layfayette Salt
Company of Key West, Approved the 12th of November, 1829.
Section. 1. Be it enacted, by the Governor and Legislative
Council of the Territory of Florida, That from and after the Meetings
passage of this act, the stated annual meetings of said company where held!
for the purposes of electing directors, and all other general mee-
tings of the same, shall be held in the City of Key West.
Sec. 2: Be it further enacted, That hereafter the affairs and
business of said company shall be managed by three directors Directors,
instead of five, as is provided for in the act to which this is an
amendnrent, one of which said directors to be the President,
and a majority to be at all times a quorum for the transaction of Quorm.
business.
Passed Jan. 23, 1838.-Approved 26th January,1838.



No. 8. AN ACT to organize the-County of Calhoun, and for other purposes.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the district of coun-
try included within the following boundaries, to wit, beginning B are
at the base line on the western bank of the Apalachicola River, Bndare
running thence with said line to the Chipola River, thence
down said river to the northern boundary of Township five,
thence west with said line to the Wetappo, thence down the
same to the eastern arm of St. Andrews Bay, and along the
southern shore of said bay to the entrance or bar thereof, thence
with the main shore following its meanderings and embracing
the opposite Islands to the point where Forbes line shall reach
the Gulf, thence with said line till it crosses the waters of the
B






( 10 )
Apalachicola River, thence up said river to the place of begin-
ning, shall constitute a county to be called the county of Cal-
houn.
Sec. 2. Be it further enacted, That the inhabitants of said
Time ofelec county be, and they are hereby authorized on the fourth Mon-
Iion fr cou ty day in February next, and at the usual day thereafter, to elect
officers such county officers, as by law are directed in the several coun-
ties of this Territory, in the same manner, and subject to the
same duties, provisions, and responsibilities.
Sec. 3. Be it further enacted, That the said county of Cal-
District houn, shall be, and is hereby declared to be, in the limits of the
western judicial district.
Sec. 4. Be it further enacted, That a county court for said
county shall be holden in the City ofSt. Joseph, semi annually,
County courts in each and every year, the first term to be held on the third
when and Monday of April, and the second term on the third Monday of
where held November, and regularly thereafter.
Sec. 5. Be it further enacted, That the Judge of the Superior
Court of the Western District, shall be, and he is hereby re-
quired to hold in said county, two terms of the Superior Court
Superior co'rt in each and every year, The first term to be holden on the first
when h Monday after the fourth Monday in March, and the other term
on'the third Monday after the fourth Monday of November.
Sec. B. Be it further enacted, That all suits, pending in the
superior or county courts of Franklin county, against any per-
son, persons, or corporations, residing in, or incorporated in the
said county of Calhoun, together with all proper originals, or
copies ofpapers or documents, whether criminal or civil, shall
Jurisdiction within thirty days, after notice to that effect from the clerks of
over suit pen- the superior and county courts of said county of Calhoun, be
,dig delivered over to them respectively, and the said suits, prose-
cutions, or causes, shall stand upon the dockets in the courts of
Calhoun county, as of the term to which they properly belon-
ged, in the county of Franklin, and the clerks, marshals, or oth-
er officers of Franklin county, shall not be authorized to have
or demand any fees until the said causes thus removed shall be
.decided in the county of Calhoun.
Sec. 7. Be it further enacted, That all monies remaining in
-the county Treasury, of the county of Franklin, after the pas-
sage of this act, shall be equally divided between the counties of
Monies equal. Franklin and Calhoun, provided, that all debts heretofore con-
ly divided tracted by the county of Franklin, for county purposes, shall be
first liquidated and paid.
Sec. 8. Be it further enacted, That the county court of Frank-
lin county shall be held at Apalachicola on the second Monday







( 11 )


of April, and the second Monday in November, in each and
every year.
Sec. 9. Be it further enacted, That the county seat of County seat of
Calhoun county, shall be fixed at the City of St. Joseph, and Calhoun
that the act passed at the session of 1836, establishing the seat
ofJustice for Franklin County at St. Joseph, be, and the same
is hereby repealed.
Sec. 10. Be it further enacted, That this act shall take effect
from and after its passage.
Passed Jan. 25th, 1838.-Approved26th January 1838.


No. 9. AN ACT amendatory to the several acts incorporating the city of
St. Joseph.
Section I. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That an act entitled an
act to amend the incorporation of the city of St. Joseph, appro- Part of law
ved twelfth February, 1837, be, and the same is hereby repealed; repealed
and that so much of the sixth section of an act to incorporate
the city of St. Joseph," approved February tenth, 1836, as
vests in the Mayor of said city the duties and powers of a justice
of the peace, or which clothes him with civil jurisdiction in the
collection of debts, be and the same is hereby, repealed.
Sec. 2. Be it further enacted, That the government of said Government
city shall be vested in a mayor fand eight aldermen, a majority
of whom shall form a quorum fo\kthe transaction of business.
Sec. 3. Be it further enacted, That all laws inconsistent
with the provisions of this act, be,tand are hereby repealed.
Passed Jan. 25th, 1838.-Approved 30th January 1838.



No. 10. AN ACT to amend an act entitled an act to incorporate the Bank
of Jacksonville, approved February the 14th, 1835.
Section 1. Be it enacted by the Governor and Legislative Capitalmay
Council of the Territory of Florida, That the Directors of the be increased
Bank of Jacksonville, be, and they are hereby authorized,
whenever they shall deem it expedient, to increase the capital
stock of said bank to one hundred thousand dollars; and the
directors of said bank be, and they are hereby authorized to New subscrip-
receive subscriptions for the increase of stock at the banking tion received
house of said corporation, or at such places, and at such times,
and in such manner, as they, or a majority of them may direct.







( 12 )

Sec. 2. Be it further enacted, That no person but a stock-
Residentsonly holder, citizen of the United States, or of this Territory, and
to be directors a resident of this Territory, shall be a director of said Bank.
Sec. 3. Be it further enacted, That the president and di-
rectors shall not be authorized at any time, to issue a greater
Am't of bills amount of bills than twice the amount of capital stock actually
issued
paid in.
Sec. 4. Be it further enacted, That the notes of the bank
shall be redeemable at the banking house, during banking hours,
on demand, in gold or silver, and that the said corporation shall
deemed in se- never refuse, or suspend, such payment on lawful demand being
,cie made; the bearer of any such bill, note or obligation, shall be
entitled to recover interest at the rate of ten per centum per an-
Interest &c num until they shall make payment, or tender payment thereof
with interest as aforesaid.
Sec. 5. Be it further enacted, That so much of the act to
which this is an amendment as is inconsistent with this act, and
an act to amend an act entitled an act to incorporate the bank
Repealing of Jacksonville, approved the 12th of February 1837, be, and
clause. the same are hereby repealed.
Passed Jan. 26th, 1838.-Approved 30th January 1838.



No. 11. AN ACT to amend an act t regulate the Foreclosure of Mortgages:
What consid- Section 1. Be it enacted y the Governor and Legislative
ered as mort- Council of the Territory o; Florida, That all deeds of con-
gages veyance, bills of sale, or other instruments of writing, convey-
ing or selling property, either real, personal or mixed, for the
purpose, or with the intention of securing the payment of mon-
ey, whether such deed, bill of sale, or other instrument, be
from the debtor to the creditor, or from the debtor to some
third person or persons in trust tor the creditor, shall be deem-
ed and held as mortgages, and shall be subject to the same rules
of foreclosure, to the same regulations and restrictions as now
are, or may hereafter be prescribed by law, in relation to mort-
gages.
Sec. 2. Be it further enacted, That in every case where the
sum secured shall be less than one hundred dollars, the mort-
How foreclos- gage or other security for the payment of money, as described
td in the foregoing section, shall be foreclosed by petition to the
County Court, under such restrictions as are prescribed for
foreclosure before the Superior Court.
Passed Jan. 26th, 1838.-Approved 30th January 1836.







13 )

12. tN ACT to establish the County Site of Hamilton county, and to re-
eal An Act to make permanent the county Site of Hamilton county, pas-
sed 15th January, 1S36.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That it shall be the duty Election for
of the Judge of the county court of Hamilton County, to order commissioners
an election in the several Justices Districts of said county, on when held.
the 17th of March next, for a commissioner for each district,
whose duty it shall be to convene at such time and place as the
Judge of the county court shall direct, within thirty days there-
after, and proceed to elect the most eligible situation for the
county site of said county.
Sec. 2. Be it further enacted, That the said commissioners Comm'rs.to
shall be authorized to contract for two acres of land, at such contract for
place as they may select, for said county site, and proceed forth- county site.
with to make return thereof to the Judge of the county court.
Sec. 3. Be it further enacted, That it shall be the duty of the
Judge of the county court of said county, at the sitting of the
next county court of said county thereafter, to lay the report of
said commissioners before the Justices of the peace when sitting port.
for county purposes, and if a majority of them shall approve of
the selection so made by said commissioners, they shall make
proclamation of said report of the commissioners, and of their Justices to ap-
approval thereof, in one or more places in the county, and the prove report.
court shall proceed to erect public buildings in such manner as Court to erect
Court to erect
is prescribed by law, after having secured the land by fee sim- buildings.
ple title, agreeable to contract made by said commissioners, and
the place selected and purchased according to the provisions of
this act shall be the'permanent county site, of said county.
Sec. 4. Be it further enacted, That "An Act to make per- Act repealed
manent the county site of Hamilton county, passed 15th day of
January, 1836, be, and the same is hereby, repealed.
Sec. 5. Be it further enacted, That after the county site shall
have been selected and a Court House built, according to the Courts where
provi ious of this act, the superior court for said county shall to be held.
be held at said place.
Passed January 23d 1838.-Approved 3d Feb. 1338.



No: 13: AN ACT to change the times of holding the Count/ Court ofSt Johns
county, and other purposes;
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the terms of the county Teim3 of
courts of St. Johns county, shall commence on the last Monday court







( 14 )
When held in February, and on the first Monday in June and September
annually hereafter.
Sec. 2. Be it further enacted, That the Judge of said court
shall have power to appoint some suitable person to serve pro-
Judge to ap' cess returnable thereto, and to attend and keep order therein,
point ofcers whenever it shall be necessary to prevent a suspension of the
rvepr' business of said court, or a failure of justice therein, and in no
other case, and the power of the person so appointed shall cease
and determine, whenever the cause which produced it is at an end.
Passed January 29th 1838-Approved 2d February, 1838-



No. 14. AN ACT to revive and continue in force An act establishing s ferry
over St. Johns River, at Jacksonville.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That an act entitled, "An
Act revived act establishing a Ferry over St. Johns river, at Jacksonville,"
approved December the 29th 1824, be, and the same is hereby
revived and continued in force until the year one thousand
eight hundred and forty-five.
Passed January 30th, 1838.-Approved 2nd Feb. 1838.


No. 15: A.N ACT providing for the safe keeping of the Records of the county
of Musquito, and for other purposes.
WHEREAS, the continuance of Indian hostilities render it im-
Preamble possible for the records of the county of Musquito to be
safely kept in said county, and whereas, it is important to
the people of said county, that some person should be legal-
ly required to keep the same safely, and to record convey-
ances and other instruments, effecting the titles to property in
said county.
Section 1. Be it therefore enacted by the Governor and Le-
gislative Council of the Territory of Florida, That from and
Clerk of St after the passage of this act, until the County.Court of Mus-
Johns to keep quito county, shall otherwise order and direct, the clerk of St.
Johns county, for the time being, shall be also the clerk of Mus-
quito county, and exercise all the powers and duties, and be
entitled to all the fees and emoluments of the same; and all con-
veyances, judgments, and instruments of any nature whatever,
recorded by him, shall have as full force and effect, as if the
same were recorded in the county of Musquito: Provided, that







( 15 )

before entering upon the duties of the office hereby conferred,
he shall take an oath faithfully to perform the duties of the Shall give
same, before the Judge of the Superior Court for the Eastern bond
District, and shall likewise execute a bond, payable to the Ter-
ritory of Florida, in the penalty of two thousand dollars, with
good and sufficient security, to be approved by the said Judge To bl aprov
of the Superior Court, conditioned for the correct and faithful Judge
performance of the duties of his office, to be recorded in the
office of said clerk, and the office of the clerk of the Superior
Court for St. Johns and Musquito.
Sec. 2. Be it further enacted, That it shall be the duty of Records shall
said clerk, to keep all the records and papers of said county of be kept separ-
Musquito, in separate books and apart from those of the coun- ate
ty of St. Johns, and to deliver all of the same up to such per-
son as the County Court of Musquito shall hereafter direct.
Passed 30th January, 1838.-Approved 2d Feb. 1838.



No. 16. AN ACT to call a Convention for the purpose of organising a State
Government.

Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That an election shall be Electionwhen
held in the several counties of this Territory, on the second held
Monday of October next, under the regulations and restrictions
hereinafter imposed, for members of a convention to devise and
adopt the most efficient, speedy, and proper measures for the
formation and establishment of an independent State Govern-
ment for the people of Florida, and to form and adopt a bill of
rights and constitution for the same, and all needful measures
preparatory to the admission of Florida into the national con-
federacy.
Sec. 2. Be it further enacted, That the apportionment of
members to the said convention, shall be as follows: in the Mid-
dle District the county of Leon, shall be entitled to eight mem-
bers; the county of Gadsden to four members; the county of
Jefferson to four members; the county of Madison to two mem-
bers; the county of Hamilton to two members. In the Eastern Apportienmt
District, the county of St. Johns shall be entitled to four mem-
bers; the county of Duval to three members; the county of Co-
lumbia to three members; the county of Alachua to three mem-
bers; the county of Nassau to two members; the county of Mus-
quito to one member, and the county of Hillsborough to one
member: In the Southern District, the county of Monroe shall







( 16 )


be entitled to two members; the county of Dade to one mem-
pportionm'nt ber. In the Western District, the county of Jackson shall be
f members entitled to four members; the county of Escambia to four mem-
bers; the county of Walton to two members; the county of Wash-
ington to two members; the county of Franklin to two members,
and the county of Calhoun to two members.
Sec. 3. Be it further enacted, That it shall be the duty of the
Election be ad Judges or clerks of the county court of the several counties,
vertised to advertise said election at least thirty days before the second
Monday in October next, and to appoint inspectors thereof, who
shall be sworn to conduct said election in the manner and form
as prescribed for members to the Legislative Council, not con-
trary to the provisions of this act, and the inspectors so appoin-
Returns to be ted, shall seal up and transmit the returns of said election, with-
transmitted to
the Governor in ten days thereafter to the Governor of the Territory, at Tal-
lahassee, to be laid before the convention, and that they shall
within thirty days file with the clerks of their respective coun-
ties, a copy thereof.
Governor to Sec. 4. Be it further enacted, That the Governor ofthe Ter-
issce proclama ritory shall announce by proclamation the names of the persons
lion elected to :aid -onvention, and in case the returns from any
county shall not be completed by that day, as ooin thereafter as
practicable, and in case of a tie, a new election is to be ordered
by the Judges or clerks of the county court giving five days no-
Tie how deci- twice thereof, under qualified inspectors appointed for said spe-
ded cial election.
Convention Sec. 5. Be it further enacted, That said convention shall be
when & where held on the first Monday of December next at the City of St.
held Joseph.
Sec. 6. Be it further en cted, That two thirds of said conven-
Quorum tion shall be necessary td constitute a quorum, and that the
said convention shall determinine upon the returns and quali-
fications of its members, and shall have and exercise all the rights
Rights & priv- privileges, and immunities, incident to such bodies, and may
ileges adopt such rules and regulations for its government as a major-
ity thereof may direct, and provided two thirds of said conven-
tion do not assemble on the day appointed therefore, a less num-
ber is authorized to adjourn from day to day.
Sec. 7. Be it further enacted, That in case of the death, re-
signation, or non attendance of any delegate chosen from any
prVacy fw district of the Territory, that the delegation present from such
district thus partially represented, shall be entitled to elect from
their own number a proxy to vote in the place of such absent
member.






( 17 )

Sec. 8. Be it further enacted, That all white male inhabi-
tants, citizens of the United States, above the age of twenty one Quanliictiou o
years, who have resided in the Territory of Florida for the space voter
of six months immediately preceding the day of election, shall
be entitled to vote for delegates to said convention, and all white
male inhabitants, citizens of the United States, above the age of
twenty one years, who have resided in the Territory of Florida Dletat..
for the space of twelve months immediately preceding the day
of election, shall be eligible as delegates to said body.
Sec. 9. Be it further enacted, That on the adoption of a con-
stitution for the State of Florida, the convention shall transmit stiution to
an authenticated copy thereof to the President of the United Washington.
States, to the presiding officersofboth Houses of Congress, and.
to the Delegate from Florida, and adopt such other measures
as will secure to the people of Florida the rights and privileges
of a sovereign state.
Sec. 10. Be it further enacted, Thatthe members of the con-
Compenution of
vention shall receive as compensation the same rates as there member,.
[are] allowed to members of the Legislative Council, and that
the expenses of the convention shall be paid out of the Territo-
rial Treasury if no appropriation be made by Congress for that
purpose.
Sec. 11. Be it further enacted, That if at the time of giving In ca ofdiuar,
notice of said election, or of holding the same, it shall be incon- hostiI"iU
venient on account of Indian hostilities or other cause, to hold
an election in any county, the county Judge or clerk, as the
case may be, shall order said election to be held at the most con-
venient place in an adjoining county, and all persons who have
been residents of such county for the space of three months at:
one time, or who are at the time of election proprietors of legal
or equitable titles to lands in said county, shall have the right.
to vote at said election.
Passed 30th January, 1838.-Approved 2d, Feb. 1838.



No. 17. AN ACT to authorise Limited Partnerships.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That limited partnerships
for the transaction of any commercial, mercantile, mechanical, P lim*r
manufacturing, or agricultural business whatever, and the trans- m l .
portatiun of persons, produce, or merchandise, within this Ter-
ritory, may be formed by two ur more persons upon the terms,.
C.







( 18 )

with the rights and powers, and subject to the conditions and
Tor what purpo liabilities herein prescribed; but the provisions of this act shall
es not be construed to authorise the the persons engaged in such
partnership, to use it for the purposes of banking or insurance.
Sec. 2. Be it further enacted, That such partnerships may
consist of one or more persons, who shall be called general part-
ners, and who shall be jointly and severally responsible, as ge-
ow rponb eral partners now are by law; and of one or more persons who
shall constitute a specific sum as capital to the common stock,
who shall be called special partners, and who shall not be liable
for debts of the partnership, beyond the funds contributed by
him or them to the capital.
Sec. 3. Be it further enacted, That the general partners on-
ly, shall be authorised to transact the business of the concern,
Who m ITran.. and sign for the partnership to bind the same.
Sec. 4. Be it further enacted, That persons desirous of form-
ing such partnerships, shall make and severally sign articles of
co-partnership, which shall contain,
1st. The name of the firm under which such partnership is
to be conducted.
Articles to be 2d. The general nature of the business intended to be trans-
signed, acted.
3d. The names of the general and special partners inserted
therein, distinguishing which are general, and which are special,
and their respective places of residence.
4th. The amount of capital which each partner shall have
contributed to the common stock.
5th. The period at which the partnership is to commence, and
the period at which it is to terminate.
Sec. 5. Be it further enacted, That the articles of copart-
nership before mentioned, shall be executed in the presence of
low executed. two subscribing witnesses, and the same shall be proved in the
same manner as conveyances of land are now required by law
to be proved.
Sec. 6. Be it further enacted, That the articles of co-part-
nership so proved, shall be filed in the office of the office of the
clerk of the County Court of the county in which the principal
Articles of asso- place of business of the partnership shall be situated, and shall
nation tobefled also be recorded by him, at large, in a book, to be kept for
n clerk's voice. that purpose, open to public inspection. If the partnership shall
have places of business situated in different counties, a trans-
cript of the articles of co-partnership, and of the probate
thereof, duly certified by the clerk, in whose office it shall be
filed, under his official seal, shall be filed and recorded in like
manner in the office of the clerk of the County court in every
such county.







( 19 )


Sec. 7. Be it further enacted, That at the time of filing the
original articles of co-partnership with the evidence of the exe- Affdavit made
cution thereof, as before directed, an affidavit of one or more of etc
the general partners, shall also be filed in the same office, stat-
ing that the amount in cash, or its equivalent, specified in the
articles of copartnership, have been contributed by each of the
special partners.
Sec. 8. Be it further enacted, That when property consti- Propertyof Arm
tutes a part of the stock, it shall be appraised by three fit and app d.
discreet persons duly appointed and sworn by the judge of the
county court, unless he be a party, in which case the sheriff of
the county shall make the appointment, and administer the oath.
The appraisement thus made, shall be accompanied by a certi-
ficate of the appraisers, under seal, which certificate shall be
filed and recorded in the office of the clerk of the county court,
with the original or renewed articles of co-partnership.
Sec. 9. Be it further enacted, That no partnership shall be
deemed to have been formed until such limited articles of co- Limitation of
partnership as herein mentioned shall have been made, proved, partner.
filed, and recorded, nor until an affidavit shall have been filed,
as above directed in the several cases; and if any false statement
be made in such articles of co-partnership, or affidavit, all the
persons interested in such partnership shall be liable for all the
engagements thereof as general partners and the person or per-
sons so making a false affidavit shall be liable for the pains and
penalties of perjury.
Sec. 10. Be it further enacted, That the partners shall pub-
lish the terms of the partnership, when registered, for at least
six weeks immediately after such registry, in one newspaper in Public notice
the county in which the principal place of business is situated; mut be given.
if no newspaper be published in such county the publication
shall be made in the nearest newspaper, and if such publication
be not made, the partnership shall be deemed general.
Sec. 11. Be it further enacted, that any renewal or continu-
ance of such partnership beyond the time originally fixed forits fParPtnerh how
duration, shall be proven and recorded, and an affidavit of a
general partner be made and filed, and notice given in manner
as required for its original formation, and every such' partner-
ship which shall be otherwise renewed, or continued, shall be
deemed a general partnership.
Sec. 12. Be it further enacted, That every alteration which
shall be made, What hall .
1st. In the nature of the business, considered a dis-
2d. In the names of the partners, or names of the firm,
3d. In the articles of co-partnerships,







S 20 )

4th. In a reduction of the original capital, shall be deemed a
solution of pat. dissolution of the partnership, and any continuation of the bu-
Dersaip. siness thereafter shall be regarded as a general partnership,
unless renewed as special partnership, according to the provi-
sions of the last section, Provided, such alteration was made
with the privity or consent of the special partner or partners.
Sec. 13. Be it further enacted, That the business of the part-
.condu. nership shall be conducted under a firm, in which the names of the
general partners only shall be inserted, without the additional
term "company," or any other general term, and if the name -of
any special partner shall be used in such firm with his privity,
he shall be deemed a general partner.
Sec. 14. Be it further enacted, That suit in relation of the
general partnership may be brought and conducted by and
suitshow inti- against the general partner or partners, in the same manner as
tuted if there were no special partners, and it shall be optional with
the parties to include in such suit any special partner, or part-
ners, who may have become general partners, by not having
complied with the provisions of this act.
Sec. 15. Be it further enacted, That no part of the sumwhich
any special partner shall have contributed to the common stock
e~ndse ow shall be withdrawn by him, or paid, or transferred to him in the
way ofdividends, profits, or otherwise, at any time during the
continuance of the partnership; but any partner may annually
receive lawful interest on the sum so contributed by him, if the
payment of such interest shall not reduce the original capital,
and if after the payment of such interest any profits shall remain
to be divided, he may also receive his portion of such profits.
Sec. 16. Be it further enacted, That if it shall appear that
by the payment of interest, or dividends to any special partner,
the original capital has been reduced, the partner receiving the
am, pia l i sum shall be bound to restore the amount necessary to make
good his share of the original stock, or he shall be considered
a general partner from the period when it became so reduced.
Sec. 17. Be it further enacted, That a special partner may
at any time examine into the state of the partnership concerns,
and may advise as to their management, but he shall not trans-
alpestcgto act any business on account of the partnership, unless employed
as an agent under a power of attorney; if contrary to these pro-
visions he shall interfere in the management he shall be deemed
a general partner.
Sec. 18. Be it further enacted, That any partner, general or
special, shall be liable to account to any or all, the other part-
ner or partners, either for the management of the business, or







zl )

for indebtedness thereto, by suits at law, or in equity, as other
partners now are.
Sec. 19. Be it further enacted, That every partner who shall Fiaud how pun.
be guilty of any fraud in the affairs or business of the partneP- ihed.
ship, shall be liable civilly to the party injured to the extent of
his damage, and shall also be liable to indictment for a misde-
meanor, punishable by fine and imprisonment, or either, at the
discretion of the superior court, by which he shall be tried.
Sec. 20. Be it further enacted, That every sale, assignment, Preerred credit.
or transfer of any of the property or effects of such partnership, or not allowed.
or of any general partner, and every judgment created, or security of any rendered or given by such partner-
ship, or any of the general partners, when such partnership or
general partner is insolvent, or in contemplation of the insolven-
cy of either of said general partners, or the partnership, with
the intent to give any creditor of such. of general partner, or of
the partnership, a preference over other creditors, shall be void
as against the creditors of the partnership.
Sec. 21. Be it further enacted, That every special partner,
who shall violate the provisions of the last preceding section, or
who shall concur in, or assent to, any such violation bythe part-
nership, or by any individual partner, shall be liable as a gen-
eral partner.
Sec. 22. Be it further enacted, That in case of the insolven-
cy or bankruptcy of the partnership, no special partner shall un- tid. o
der any circumstances, be allowed to claim as a creditor, until
the claims of all the other creditors of the partnership shall be
satisfied.
Sec. 23. Be it further enacted, That no dissolution of such
partnership, by the acts of the parties, shall take place previous
to the time specified, either in the original or renewed partner-
ship, until a notice of such intended dissolution shall have been
filed and recorded in the clerks office in which such original or Dirsoluton of
renewed articles of co-partnership were recorded, and until it partnership how
shall have been published at least once a week for four weeks in eficed.
a newspaper printed in each of the counties where the business
of the partnership is or has been transacted; but if no newspa-
per be printed in such counties, the notice shall be published for
four weeks in any newspaper nearest thereto, which notice shall
be signed by all the parties, or their representatives.
Sec. 24. Be it further enacted, That a partnership organiz-
ed under, or by virtue of this act, for a limited term, shall not
be dissolved by the death of one or more of the specialipart-
ners, before the expiration of the term specified for the coatinu-







22
ance of said partnership, nor by the death of one of the general
Decease of part- partners, if there be more than one, unless the articles of co
ner. partnership, by which such partnership is created or renewed,
shall otherwise provide.
Sec. 25. Be it further enacted, That this law shall only ap-
ply to limited partnerships, and not to general partnerships now
in existence, or which may hereafter be formed.
Passed 30th January, 1838.-Approved 2d Feb. 1838.



No. 18. AN ACT to amend an act entitled, "An act to incorporate the city of
Apalachieola."
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That all the free white in-
habitants, who are citizens of the United States, and over the
orationn. age of twenty-one years, residing within the circumference of
one and a half miles from the centre of Washington Square, in
the city of Apalachicola, and county of Franklin, in the Terri-
tory of Florida, and their successors, be, and they shall forever
remain from the passage of this act, body corporate, by the
name and style of the City of Apalachicola, and by that name
may sue and be sued, plead and be impleaded, may have and
use a common seal, and do all other acts as natural persons, and
may purchase and hold real, personal, and mixed property, and
dispose of the same for the benefit of said corporation.
Sec. 2. Be it further enacted, That the government of said
Gvemnt. city shall be vested in a Mayor and Council, to consist of a
cVernnt.Mayor and eight Councilmen, who shall have full power and
authority to pass all such by-laws and ordinances, as may be
necessary for the due regulation and proper government of said
city, not repugnant to the laws of this Territory, or of the Uni-
ted States; and for the regulation of the police thereof; they
shall have power to abate and remove nuisances, to license and
regulate retailers of goods and spirituous liquors, taverns, thea-
Power. trical, and other public amusements; to prohibit gaming, to es-
tablish and regulate burial grounds, for the use of the said city,
to sink wells, and erect and repair pumps in the streets or pub-
lic squares, to erect and repair market houses, and public scales,
to regulate, erect and keep wharves, to appoint wharfengers
and harbor masters, and prescribe their duties; to appoint and
regulate pilots and pilotage within the port or harbor, until
otherwise provided by law; to regulate the anchorage, quaran-
tine, and mooring of vessels, and provide for the preservation of







( 23 )


the health of the people of said city; to establish and regulate
patrols, to regulate the storing of gunpowder, to tax and license Powenof ineor-
pedlars end hawkers, to restrain and prohibit tipling and disor- portion.
derly houses, and lotteries; to establish schools, to build school
houses, and superintend the same, to organise fire companies,
to purchase fire engines, and build engines houses, to improve
the public squares and streets, and do all other matters and
things which the necessities and welfare of the said city may re-
quire. And for this purpose they shall have power to levy taxes Tun..
on persons and property, real, personal and mixed, residing and
being within said corporation, in the manner hereinafter de-
scribed; they shall have power to make contracts, which shall
be binding on said corporation; to borrow money when sanc- May borrow mo-
tioned by the Mayor and two-thirds of the council, and con-
tract debts; to buy and to sell, and in the name, and on the be-
half of said corporation; they shall have power to judge of the
election returns of the mayor and of hig qualifications, and of
the election returns and qualifications of the members of their
own body, and may expel a member on a vote of two-thirds of
their whole number, for disorderly behaviour or malconduct in
office; they may compel the attendance of members when the Fines and penal-
public weal requires it; and they shall have power to impose such tis
fines and penalties for violations of their ordinance, or for non-
compliance therewith, as to them shall seem necessary to give
effect and operation to the powers here bestowed, and to a faith-
ful discharge of the duties here required.
Sec. 3. Be it further enacted, That all taxes imposed under
the authority of the preceding section shall be so distributed as Taxes to
to bear with all possible equality upon the persons and proper-
ty of all classes of the people, in a manner theleast burthensome
to their interests.
Sec. 4. Be it further enacted, That all ordinances and rules Ordinance to be
passed by the mayor and council aforesaid, under the powers published.
herein granted, shall be signed by the mayor, and attested by
the clerk, and published without unnecessary delay, by inserting
the same in some public newspaper printed within the said city,
or posting at the court house, common market house, or some
other public place in said city, at least for the space of two
weeks; and no ordinance shall be considered in force until such
publication; they shall cause to be kept, a regular record of nea.to be
their proceedings, which shall be open for public inspection, kept
and upon which the yeas and nays on all questions shall be re-
corded, at the request of any two members.
Sec. 5. Be it further enacted, That annually at the first
meeting of said mayor and council, or so soon thereafter as may






( 24 )


be deemed proper, they shall elect a city treasurer, clerk, mar-
officer to be shal, and such other city officers as may be deemed necessary
elected. to give effect to the powers and regulations of, and facilitate a
discharge of their duties, required by this act: the said mayor
and council shall prescribe their duties, fix their salaries, and
may the same dismiss at pleasure.
Sec. 6. Be it further enacted, That it shall be the duty of
letinsocoun the said mayor and council to hold their meetings in public, (ex-
cept when in their opinion the public good may otherwise re-
quire) at stated periods, and at such places as may be designa-
ted for that purpose. The mayor shall be president of the
board, and in his absence from the city or disability, a majority
of the council may appoint from among their own body a may-
or, who shall have power pro tempore to do all the duties pres-
cribed by this act, of the mayor, and shall have the same com-
pensation that the mayor would have had for the same services.
Sec. 7. Be it further enacted, That the mayor shall preside
at the meetings of the council, which he may convene as often
Duty ofMayor. as in his opinion the public good may require; he shall see to
the due enforcement of all ordinances of the council, and for
these purposes he is hereby authorized to call out the posse comi-
tatus, within the said corporation, to aid the marshal in the execu-
tion of his duties, and the said mayor shall be entitled to receive
such salary as the city council may direct, not to exceed one
thousand dollars, to be paid quarterly by the treasurer out of the
funds of said corporation.
Sec. 8. Be it further enacted, That no one shall be eligible
for the office of Mayor or councilman unless he shall have ar-
ncation for rived at the age of twenty-one years, be a citizen of the United
Mayor. States, a housekeeper, and have resided within the limits of the
corporation at least one year last preceding his election.
Sec. 9. Be it further enacted, That the first election, under
this act, of mayor and councilmen, shall be held on the third
Monday of February next, under the inspection of persons ap-
Eleltion when pointed for that purpose by the present intendant andcouncil-
men of Apalachicola, who are hereby continued in office until
their successors under this act, shall have been elected and qual-
ified; and all subsequent elections of mayor and councilmen for
the City of Apalachicola, shall be held annually on the first day
of January, under the inspection of persons appointed for that
purpose by the mayor and council.
Sec. 10. Be it further enacted, That within five days after
his election, the mayor elect shall take an oath or affirmation,
before any Judge or Justice of the peace of the Territory,







( 25 )
"that he will, to the best of his power, support, advance and de-
fend the interest, peace and good order of the said city of Apa- oath ot omcn .
lachicola, and faithfully and diligently discharge the duties of
mayor of the said city, during his continuance in office, and
that he will support the constitution of the U'nited States,"
And he shall, within the afo*~said five days after tld electi&m,
convene the council elect, and administer to each of them, an
oath or affirmation similar to that taken by himself.
See. 11. Be it further enacted, That at least ten days ppe-
vious to the first 1Mnday in January in each year, the mayor
and council shall appoint three judicious and discreet persons,
and who shall not themselves be candidates, either for mayoror
councilmen, any two of whom shall be competent to act, to be "i o"'
inspectors of the election of mayor and councilmen ; and public
notice of their appointment shall be given, by causing the same
to be published in some newspaper printed within the city, or
posted at some public place, and also of the time and place for
holding such election; and such inspectors shall take an oath
or solemn affirmation, that they will, to the best of their skill Dui.
and ability, faithfully and impartially discharge all the duties of
inspectors of the election of mgyor and councihnen, and true
return make; and they shall then proceed to take the ballots of
such as are qualified to vote, and to cause the name of every vo-
ter to be taken down and recorded in a boqk to be kept for that
purpose; and the poll shall be opened at nine o'clock, A. M., Potita h( e
and close at six o'clock, P, M. when the ballots shallbe told, and
the name of the person having the greatest number of votes for
mayor and councilmen shall be declared, and the name of the
said mayor and councilmen elect shall be recorded, and notice
of their election shall be given to each.
Sec. 12. Be it further enacted, That if by reason of the refu-
sal, absence, or other unavoidable casualty, the mayor elect
shall be prevented from performing the organizing duties by
this act required, or by a failure of election from any cause, it
shall, in such case, be the duty of the mayor in office, to cause
a new election to be held by the samp inspectors, who shall forth- eS '"'l6
with give at least one week's notice of the same, and hold another
election for mayor, conformable to the regulations of this pct.
See, 13. Be it further enacted, That the sa. mayor and
council shall have power, and it is made their duty, tq fill va-
cancies in their own body, by causing an election to he held in-
the same manner as is provided for in this act, from the citizens rowr ar
qualified to fill the same ; and the said mayor and council, shall -
in :e cases, continue their respectwie functions. until their suc-
cessors be elected and qualified into office.
D






( 26 )

Sec. 14. Be it further enacted, That every free white male
auOlifiation of inhabitant of the city of Apalachicola, of the age of twenty-one
voters. years and upwards, who is a citizen of the United States, and
has resided twelve months next preceding the election, within
the limitsof the corporation, shall be qualified to vote for may-
br and councilmen; and when the qualifications of any individ-
ual about offering a vote, are challenged, the inspectors may
question him on oath, and if it appear that he does not possess
the requisite qualifications, his vote shall be rejected.
Sec. 15. And be it further enacted, That all laws, and parts
nepealed. of laws, conflicting with the provisions of this act, be, and the
same are hereby, repealed.
Passed Jan. 31st, 1838.-Aporoved 2nd Feb. 1838.



No. 19.-AN ACT concerning Corporations.
Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That so much of any act, or acts, of
incorporation of any town or city in this Territory, which vests
sepeal o te. in the mayor or intendant thereof, the rights and duties of ajus-
tice ofthe peace, or clothes such mayor or intendant by virtue
of his office, withjurisdiction for the collection of debts, be, and
the same are hereby, repealed.
Passed February 2nd, 1838.-Approved 5th, Feb. 1838.



No; 20.-AN Act for the relief of Robert C. Lester.
WHEREAS, it has been satisfactorily shown to this Legislative
preame. Council, that Robert C. Lester stands charged in the Audi-
tor's books of this Territory, with one hundred dollars for a
license issued by him as Clerk of Gadsden County Court, on
which license twenty dollars only should have been charged
under the law as then published-
Be it therefore enacted by the Governor' and Legislative
Council of the Territory of Florida, That the said Robert C.
Lester be, and he is hereby, discharged from said claim, on pay-
Claim reminded, ment of twenty dollars into the Territorial Treasury, and that
the Auditor, on payment thereof, is hereby directed to balance
said claim for one hundred dollars.
Passed 2nd February, 1838.-Approved 5th Feb., 1838.






( 27 )
No. 21. "AN ACT to incorporate the Florida Peninsula Rail Road and Steam-
boat Company."
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That Benjamin Chaires,
Duncan L. Clinch, Lot Clark, Moses Levy, John Houston ,Ieorporation
M'Intosh, Joseph M. White, William J. Mills, Thomas Doug-
las, Charles Downing, Jessee H, Willis, and Richard Fitzpat-
rick, and their associates, be, and they are hereby, appointed
and created a body corporate and politic, by the name and style
of the Florida Peninsula Rail Road and Steamboat Company,
and by that name, they, their heirs, successors and assigns, shall
have perpetual succession, and shall be capable in law to pur-
chase, hold, receive, retain, and enjoy, to them, their heirs, suc- i .and .piv
cessors and assigns, lands, tenements, goods and chattles of any
kind or description whatsoever, necessary to carry on the busi-
ness and concerns of said company, and the same to grant,
mortgage, sell, and dispose of, in any manner whatsoever; they
shall have power to sue and be sued, plead and be impleaded;
to make and use a common seal, and the same to break, alter, and-
amend at their pleasure ; and to ordain, establish, and put in ex-
ecution, such by-laws and regulations, as m ay be deemed neces-
sary and expedient by the president and directors of said com-
pany,,for ite government, not being contrary to he constitution
of the United Sates and the laws of this Territory.
Sec. 2. Be it enacted, That the capital stock of this company
shall be one million of dollars, divided into shares of one hundred
dollars each, which shall be secured by the subscribers to the caplt itock.
stock on real estate in this Territory, by mortgage or otherwise;
and the president and directors may increase the stock to any
amount necessary to carry on their concerns, with the consent
of a majority of the stockholders, for which, they may cause sub- May be ineew
scriptions to be received, or they may sell the stock for the ben- L
efit of the company, not under its par value; and the president
and directors, or a majority of them, are hereby invested with
the power and privilege of borrowing money to use in the pros- May borrow
ecution of the objects of this incorporation, and they may Issue moewr.
bonds, notes, certificates, or other evidences of thel oans and
concerns of said incorporation, and they may pledge, mortgage,
or hypothecate, the property and interests of the company, both
real and personal, for the payment of the same and interest;
and, generally, they may adopt any acts which they shall deem.
necessary and expedient to carry on the business, and accom-
plisl the objects of this incorporation.
Sec.,3. Be it enacted, That the said company shall have the-
right, andthey are hereby fully invested with the power and privi-






( 28 )
lege of constructing a rail-road with -one or more tracks front
L.suiesorrom any point on the St. John's river, in East Florida, above the
mouth of Bladk Creek, to the Suwannee river, which empties
into the Gdlfof Mexico, or to any point or place between the
eSuwannee river and'TaniparBay; and the said company may,
forthis purpose, use and exercise free and uninterrupted con-
trdl, over any land or water within the course and vicinity of
said tail.road, to be paid for in the manner hereinafter to be
specified; and they may pursue such course and direction with
said rail-road, as may be most conducive to the interest of the
said company, and best adapted to the accomplishment of said
work; and said company may connect itself with the East and
taroynsor e.'South Florida'Canal Company, at any point and in any man-
ner which may be agreed upon by the president and directors
of the two companies, after the same shall have been determin-
ed dtnby a majority of the stockholders of both companies.
Sec. 4. 'Be it enacted, That said company shall have the
right and, privilege to own steamboats, vessels and other bots,
piers, :doks, warehouses, locomotives, cars, and every -other
aitm..tn prii. species ofproperty, and for the storage, transportatioirandcowney-
rtO. prop- ance ofpassengers, goods, wares and merchandise, of any and
every kind whatsoever; and they shall have the right to charge
passage money, freight, storage, wharfage, and all other -char-
ges which may happen or accrue to, and upon, all passengers,
goods, wares, merchandise, and other valuables or property,
which maybe shipped, transported, or carried in thesteamboats,
vessels, boats, locomotives, cars and other vehicles, or which
may'belanded, or which may come or bebroughtinto the wharves
Maywe. docks or piers, or which may be stored in the warehouses, or
dther buildings of the company; and the said company shall
have the privilege, and the same is hereby granted to'them, to
insure against fire, perils of the sea, and all other risks, at such
rate of premium, and under such stipulations as they may deem
necessary and proper to establish, and said company shall have
Salient upon all goods, wares merchandise, produce, baggage
LIaGRP'V-* and other articles, which shall or may come, be transported,
carried or stored, in the steamboats, vessels, boats, locomotives,
cars or other vehicles, or in the warehouses and other buildings,
for passage money, freight, storage, or other charges; and shall
have the right to detain the same, and sell so much -thereof at
auction, as will satisfy the amount due said company, together
with allicosts and expenses on the same; and-said company, or
any person or persons, who may have received from them-the
right of transportation on said rail road, or in their steamboats,
vessels, or boats of any description, of goods, wares, merchan,






)

diie and produce, shall be deemed common carriers, as respects
goods, wares, merchandize and produce, entrusted to them for
transportation.
Sec. 5. Be it enacted, That books of subscription shall be
opened at St. Augustine, under the inspection of Joseph S. San- ooks,,'here op.
chez, John M. Fontane, A. W. Reed, John M. Hanson, An- cned for subcrip
tonio Alvarea and Thomas Douglas, at Jacksonville, under the io" to stock.
inspection of John L. Doggett, J. D. Hart, Wn. J. Mills, Sam-
uel L. Burrett and Joseph B. Lancaster; at Tallahassee, under
the inspection of John P. Duvall, John Parkhill, Hector W.
Braden, Isam G. Searcy, Jesse H. Willis, and Robert H. Ber-
ry; at St. Joseph, under the inspection of E. W. Doubleday, N.
Hayden, H. R. Wood, J. L. Cunningham, and Peter W. Gau-
tier, Jr.; at Key West under the inspection of George E. Wea-
ver, Oliver 0. Hara, William H. Shaw, and Fielding A. Brown;
at Mariana under the inspection of Allen Bush, Thomas M.
White and James J. Pittman; at Pensacola, under the inspec-
tion of William B. Taylor, Henry Hyer, George W. Barkly,
Henry Ahrens, and John Cambell, commissioners appointed
and constituted by this act, any two of which, at the places de-
signated, shall be competent to receive subscriptions for stock sTif ope"nin
in said company. The books shall be opened the 1st of M arch,
1838, and closed on the first of June; and the commissioners at
their several places shall forthwith forward a transcript from their
books of subscription, certified on oath to the commissioners at hall give notice
St. Augustine, who shall make public advertisement in two or
more newspapers in this Territory; that a meeting of the stock-
holders will be held there, in person or by proxy, on the day
they may designate; and at such meeting the stockholders, in
the manner and form aforesaid, shall elect a president and seven
directors, all of whom shall be stockholders, who shall forthwith
proceed to organize the company in such manner as may be
most conducive to the interest and concerns thereof; and an an- orgaaxed.
nual election on the first Monday of January, in each and eve-
ry year thereafter, shall be held for a president and seven direc-
tors, previous notice of which shall be given in one or more
newspapers in this Territory, but if the election for president
and directors shall not be held at the time herein specified, the
company shall not be dissolved in consequence of it, but the
election shall be held on some other day; and the president and
directors first chosen shall hold their office until the election
does take place, and their successors are sworn into office. The Agent, tobe ap.
president and directors shall have power to appoint such officers pointed
and servants under them, as may be necessary to carry on the
business and concerns of the company, prescribe their duties






( 30 )

and dismiss them at pleasure; and the board of directors may
fill all vacancies which may occur in it, during the period for
which their board shall have been elected, and in the absence of
the president, may fill his place, by electing a president pro
Stoekhowtrans. tempore. The stock of the company shall be transferred only
ferred. on their books, under such rules and regulations as shall be pre-
scribed in the by-laws of the company, and all transfers other-
wise made of the stock of this company shall be void and of no
effect.
Sec. 6. Be it enacted, That for accomplishing the objects for
which this Company is incorporated, it shall be lawful for the
,eadsto be pos President and Directors thereof, or their agents, to enter upon
and take possession of, one hundred feet of any land on each
side adjoining said Rail Road, whether covered with water or
otherwise, which may be necessary for the construction and
completion of said Rail Road, or for the erection of any build-
ings or fixtures appertaining to the same, and they may take at
any time from any land adjoining, or in the -vicinity of said rail
road, any timber, stone, or other material, for the construction or
repairs of their rail road, buildings or other fixtures intended or
Proi. implied by this act: Provided, That no land or material owned
by any private individual shall be taken without adequate com-
pensation being made for the same. And whenever it shall be
May e nateri- necessary for the said Company to take possession of, and use
at (;% lands ad. any land, timber, stone or other material, and the parties do
joining. not agree upon the value thereof, it shall and may be lawful for
the President and directors of said Company, or their authori-
sed agent to apply to the Judge of the county court of the coun-
rits ow issu. ty, or to the Judge of the Superior Court ofthe district on which
ed w the said land, timber or other material is situated, for a writ of
ad quod damnum, directed to the Marshal, Sheriffor other of-
ficer of the county, to summon, twelve freeholders of lawful age
to value the property on oath, the same to be administered by
the officer summoning them, and whose duty it shall be, to at-
tend in person and receive their report, and also to receive from
the President and Directory of said Company or their agent,
the sum or sums of money adjudged by said report to be full
Adjudication. compensation, for the property taken possession of, and applied
to the use of said Company, and to pay over the sum to the
person or persons entitled to receive it, and to take acquittance
for the same; and all the expenses incured in the writ of ad quod
Compenoatienof dam num shall be-paid by the Company; and the appraisers
appraisers, shall receive three dollars per day, during the time they are en-
gaged on such duty, and all property sovalued and paidforby
the said company,-shall forever afterwards belong to, and be







( 31 )

the property in fee simple of the said company, their successors
and assigns.
Sec. 7. Be it enacted, That the board of directors shall, once
in every year make a report on the state of the company and
its affairs, to a general meeting of the stockholders, and they Reportof afairs
shall have power to call a general meeting of the stockholders, ofr company.
whenever the board may deem it expedient, and the company
may provide in its by-laws, for the votes of the stockholders for
directors, being taken at more than one place in the Territory,
and also for taking- their votes on any question, relative to the
repeal, alteration, amendment, or addition to any of the rules,
regulations or by-laws of the company proposed by the gene-
ral board of directors.
Sec. 8. Be it enacted, That if any person or persons, shall
intrude upon the said rair road, or any part thereof, by any
manner of use thereof, or of the rights and privileges connected
therewith, without the permission, or contrary to the will of the 'uIntrs how
said company, he, she or they shall forthwith forfeit to the said
company, all the vehicles which may be intruded on the said
road, and the same may be seized by the company or its agents,
or recovered by suit at law, and the person or persons so intru-
ding, may be also indicted for a misdemeanor, and upon con-
viction, fined and imprisoned by any court of competent juris-
diction, and if any person shalPwilfully and maliciously destroy,
or in any manner hurt, damage or obstruct, or shall wilfully
and maliciously cause or aid or assist, or counsel and advise,
any other person or persons, to destroy, or in any manner hurt,
damage, injure, or obstruct the said rail road, or any part there- Damage of road
of, or any thing appertaining thereto, such person or persons,
so offending, shall be liable to be indicted therefore, and on con-
viction, shall be fined not more than one thousand dollars, and
imprisoned not more than twelve months, at the discretion of
of the court, before which such conviction shall take place, and
shall be further liable to pay all the expenses of repairing the
same; and it shall not be competent for any person so offending,
against the provisions of this act, to defend himself by pleading
or giving in evidence that he was the owner, agent, or servant
of the owner of the land where such destruction, hurt, damage,
injury or obstruction was done or caused, at the time the same
was caused or done, and if from any such cause, doing or ob-
structing, as is heretofore mentioned, it should in any wise hap-
pen or take place, by reason as aforesaid, that any person be Criminally liable
killed, wounded or maimed, in consequence thereof, the person
or persons so obstructing said rail road, or causing, aiding or
abetting the same to be done, shall, on conviction, suffer all the









pains and penalties of the lew, whether the same shall be mur-
der or manslaughter, according to the finding of the jury before
whom the same shall be tried and every obstruction to the safe
and free passage of vehicles on the said road, shall be deemed
a public nuisance, and may be abated as such by any officer,
agent or servant of thexcompany, and in all prosecutions against
persons under the provisions of this act, any officer, stockhol-
der, servantor person employed by the company, (being a free
white person, where a white person or persons shall be the offen-
der ,or offenders,) shall be a competent witness.
Sec. 9. Beit enacted, That this act shall be regarded as a
Actliberallycon. public act, and Ahall be liberally construed in all the courts of
strued inourt. law and equity, and shall be given in evidence in all eases with-
-out special pleading. And this charter shall continue in .force
.for fifty years; and this road .sha be commenced within foar
years, and completed within twelve years after the passage, or
the same shall be forfeited to the Territory or State of Florida.
Sec. 10. Be it4urther enacted, -fhat if the capital stoekg of
the East and South Florida Canal Company, .hall not be taken
up, or if it shall be taken up, and the said company shall not,
within ten years, make a canal to unite the waters of the St.
Johns river, with the waters of the harbor of the city of St. Au-
Rail road may gustine, and it the said company shall refuse or fail to agree to
be made etc. unite with the .Florida Peninsula Rail-Road and Steamboat
Company, so as to accomplish the object aforesaid, then and
in that ease it shall be lawful, and it is hereby made the duty of
the last mentioned company, to open and make a canal or rail
road to unite the waters of the St. Johns rivers aforesaid, with
the waters of the harbor of the said city of St. Augustine, and
the powers and privileges of the said last mentioned company
are hereby extended so far as may be necessary to meet that
object.
Passed 5th February, 1838.-Approved 8th Feb. 1838.



No. 22.--A ACT to imcotporate "The Southern Joint Stock CAnpany for
the establishment of certain Manufactories, rad,other works, and hl san.-
couragementof labor in Florida.',
WHEREAS, Benjamin Chaires, James D. Westcott, Jr. Chades
Preamble. S. Sibley, Samuel S. Sibley, Jos. Croskey, Thomas
Brown, John Westcott, Jr. and others, by articles of associa-.
tion dated January 8th, 1838, recorded in the Clerk's Office
of Leon County Court, have formed a company for the es-
tablishment of one or more manufactories and works in Flo--






( 33 )
rida, and other objects and purposes set forth in said articles,
or such of the same as m;ay be deemed expedient:
Section 1. Now, be it enacted by the Governor and Legis-
lative Council of the Territory of Florida, and it is hereby en-
acted by the authority thereof, That said persons above named,
and their associates in said articles named, and their successors
and assigns, are hereby, for the objects and purposes aforesaid, Corpratep ow
in said articles set forth, constituted and declared to be and in- ers.
corporate into a body corporate and politic, in fact and in law,
by the name and style of "The Southern Joint Stock Company,
tbr the establishment of certain manufactories and other works,
and the encouragement of labor in Florida," and by that name Name.
they and their associates, successors and assigns, shall havecon-
tinued succession, and shall be capable and liable, at law and
in equity, to sue, and be sued, plead and be impleaded, of an-
swering and being answered unto, defending and being defend-
ed against, in all courts and places whatsoever, and shall have
power to make a common seal, and the same to alter at pleasure, Privilege*
and to make by-laws for the government of said company, not
contrary to the laws of this Territory or of the United States,
and by the name and style aforesaid, shall be capable of con-
tracting and being contracted with, receiving, purchasing, hol-
ding, possessing, using, selling, granting and conveying, all
kinds of property, real and personal, expedient and useful, to
the full exercise and enjoyment of the objects of the said com-
pany, and of hypothecating, pledging or mortgaging, and ge-
nerally to do and perform all acts and' &WABP as fully to all in-
tents and purposes, as said persons composing said company
could do individually without this act.
Sec. 2. Be it further enacted, That the capital stock of said
company, shall be at least fifty thousand dollars, with the privi-
lege. of increasing it, as stipulated in said articles of association, capital Stoek,
and' to an amount not exceeding two hundred and fifty thou-
sand dollars, to be divided into shares of one hundred dollars
each, and each of the subscribers to said articles, shall within
ten days after the passage of this act, pay the sum of fifty cents Payments
per share, as provided in said articles, or forfeit all his right and
interest in said company, to the other subscribers.
Sec. 3. Be it further enacted, That the shares of the capital
stock of said company shall be deemed personal property, and Shars defme
transferable in such manner as the company in its by-laws may ty.
direct.
Sec. 4. Be it further enacted, That on or before the ele-
venth day after the approval of this act; the subscribers to said
articles, who have so paid in the first instalment on their sub- Company how
E






( 34 )


scriptions or their assigns, shall meet at Browns Hotel at Tal-
organized. lahasse, and choose three directors of said company, to serve
until the first Monday in January, one thousand eight hundred
and thirty-nine, when another election shall be had, as may be
prescribed in the by-laws of said company; each share having
one vote; and said subscribers so having paid in said instalment,
shall also proceed to make and establish by-laws for the govern-
Government. ment of said company; and said directors shall proceed to elect
a president and other officers of said company under and ac-
cording to such by-laws, to serve as described in the same.
Sec. 5. Be it further enacted, That the board of directors
so elected, shall have the management and conducting of the
Board of Direc. affairs of said company according to the rules and regulations
tr. prescribed in the by-laws, and shall have power to calling as may
be prescribed by said by-laws, additional instalment of stock,
Powers, or allow subscriptions of additional stock, under the stipulations
embraced in said articles as may be deemed expedient.
Sec. 6. Be it further enacted, That when any additional in-
stalment of stock is called in, any stockholder holding a nuau-
Privileres or ber of shares, shall have the right, on making written applica-
Stockholders. tion therefore to relinquish such number of shares of stock as may
amount to the instalments called in on the residue, and such
amount on each share shall be appropriated and applied to the
payment of such instalments on said residue of said shares: such
stockholder however to forfeit all right to the company to any
overplus of said shatMseler payment of such instalment on said
residue.
Sec. 7. Be it further enacted, That the board of directors
ropert ay be with the approval of two thirds of the stockholders, each share
ment. having one vote may agree to receive in satisfaction of instal-
ments of stock or additional subscriptions real or personal pro-
perty or articles useful to said company at a fair valuation.
Sec. 8. Be it further enacted, Thatthe subscribers and stock-
Stockholdero holders of said company shall not be liable in any wise beyond
the amount they have paid into said company, and on abandon-
ment and forfeiture thereof may at any time retire from said
company, without further loss responsibility or liability to any
Proviso. person or persons whatsoever. Provided however no dividend
or distribution of the profits or property of said company shall
be declared or made, while the company have any debts con-
tracted and unpaid without first providing fully for the payment
of all-such debts, ani any stockholder receiving any such divi-
dend or distribution shall be liable to refund the same with in-
creditor of corn- terest to any creditor of said company, to be recovered by ac-
tion of debt in any court having jurisdiction thereof, nor shall






( 35 )


any dIebt to any stockholder or officer of said company be paid
in whole or in part, until all other liabilaties of said company pany first paid.
are first paid and satisfied, and in such case such stockholder or
officer shall be liable to refund the same with interest to any
creditor deferred to him, who may sue therefore as aforesaid.
Sec. 9. Be it further enacted, That three fourths of the company how
stockholders may dissolve said company at any general meeting dissolved.
as may be prescribed by said by-laws.
Sec. 10. Be it further enacted, That full records and minutes
of the daily proceedings of said company and the directors and
of the accounts and acts of officers and agents shall be kept, andecd kep
which every stockholder may at alltimes have a right to examine.
Sec. 11. Be it further enacted, That said company is prohi- Bankine privila-
bited from in any wise or manner exercising banking privileges g';s prohibited.
or of dealing in the brokerage of notes, bonds bills of exchange
or other securities, and from issuing any notes orbills in the like-
ness or characterof Bank notes: Provided however this clause
not to restrict said company from giving their obligations notesProviso.
or other securities to the amount of, or above fifty dollars, un-
der the seal of said corporation in such form and style as may
be deemed most expedient to the order of persons to whom they
may bonafide become indebted in carrying on the business of
said company.
Sec. 12. Be it further enacted, That in consideration of the
benefits to be derived from the establishment of said company,
the capital stock thereof, and the machinery, manufactories, Proper free
mills, works, and products used therein, shall be free from tax- 9tila
ation of all kinds in Florida, but the other real estate and slaves"
of said company, shall be liable to the same taxes as other like
property owned by individuals.
Sec. 13. Be it further enacted, That this act shall be taken I
and regarded as a public act, and shall be favorably construed of justice.
by all courts in this Territory, and may be given in evidence in
all cases without special pleading; and this act shall continue
and remain in force for the term of fifty years from the date of
its approval by the Governor.
Passed 5th February 1838.-Approved 8th Feb. 1838.



No. 23. AN ACT to amend An Act concerning Dower.
Section. 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That in all cases in which
a widow of a deceased person may be entitled to dower under






( 36

the statute of which this is an amendment, she shall make her
Widow may election either of dower or of a childs part, within twelve months
make her elec- after the probate of the will or granting letters of administration,
or she shall be confined to her dower.
Sec. 2. That if a widow take dower, she shall be entitled only
to a life estate in the real property, to return at her death, to the
ree simple title estate of her deceased husband for distribution; if she takes a
in widow. childs part, she shall have in the property set apart to her, a
fee simple estate in the real- property, and an absolute title to
the personal property including slaves, with power to control or
dispose of the same by will, deed or otherwise.
Passed February 6th 1838.-Approved 8th Feb. 1838.



ko. 24. AN ACT in addition to An Act, (approved January 30th, 1835,) on-
ti.led An Act to prevent any person in this Territory from carrying arms
secretly.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That from and after the
VeWders to get passage of this act, it shall not be lawful for any person or per-
ense. sons in this Territory to vend dirks, pocket pistols, sword canes,
or bowie knives, until he or they shall have first paid to the trea-
surer of the county in which he or they intend to vend wea-
pons, a tax of two hundred dollars per annum, and all persons
carrying said weaponjopenly shall pay to the officer abfresaid
a tax of ten dollars peanirnm; and it shall be the duty of said
officer to give the parties so paying a written certificate, sta-
moneys bow ap- ting that they have complied with the provisions of this act. Four
profited fifths of all monies so collected to be applied by the county
courts to county purposes, the other fifth to be paid to the pros-
ecuting attorney.
Sec. 2. Be it further enacted, That if any person shall be
known to violate this act, he or they so offending, shall be sub-
Penalty. ject to an indictment, and on conviction, to a fine of not less than
two hundred nor exceeding five hundred dollars, at the discre-
tion of the court.
Sec. 3. Be it further enacted, That it shall be the duty of the
Judges to charge several Judges of the Superior Courts of this Territory, to give
grandjuries. this act in charge to the grand jurors of their respective dis-
tricts at each term of the court.
Passed 5th Febuary, 1838.-Approved 10th Feb. 1838.








No. 25; AN ACT to authorize Joh. IDryan to establish a Ferry across Holmes'
Creek;

Section 1. Be it enacted by the Governor and Legislative
Council of [the Territory] of Florida, That John Bryan be, ferry where e's
and he is hereby, vested with the right and previlege of estab-tah.
lishing a Ferry, and charged with the duty of keeping the same
in repair, across Hohnes' Creek, at or near the place known as
Bryan's Ferry, on the said creek, and the said John Bryan, his
heirs and assigns, shall continue to possess the right of said fer-
ry for and during the term of five years, provided, the said John
Bryan shall keep the said ferry in good repair.
Sec. 2. Be it further enacted, That it shall be unlawful for
any other person or persons to establish or keep a ferry within privileges.
five miles of said ferry, on said river, except it be for his or their
use, and not for the purpose of gathering toll.
Sec. 3. And be it further enacted, That it shall be the duty y of pro
of the said John Bryan, his heirs and assigns, to keep at all tor. "
times a good and sufficient flat or other craft, of sufficient size
to cross a wagon and team, and that ie shall charge and receive
such toll or ferriage as is charged or allowed at any other ferry
on said creek, or which may be established by any future Leg-
islative Council of this Territory.
Passed 6th Febuary 1 E38.-Approved 8th Feb. 1838.



No. 26. AN ACT toamendthe several Acts now in force concerning Executions.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That from and after the Marshals may
passage of this act, it shall be lawful for the Marshals of this ell property,etc.
Territory to sell property under execution on any day of the
week or month, except the Sabbath, Provided, they give at least
thirty days notice, in the nearest newspaper to the county in
which the sale is to take place, likewise to post the same notice
at three of the most public places in the county in which said
property is to be sold.
Sec. 2. Be it further enacted, That all laws now in force in Repealngclaus
this Territory, inconsistent with this Act, be, and they are
hereby repealed.
Passed Feb. 6th, 1838.-Approved 8th February, 1838.






( 8


Noa 27.-AN ACT to amend the seavral acts regulating County Courts in
this Territory.

Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the County Courts
Juriietar~sen of this Territory, shall be courts of record, and shall within
county CourtV. their respective counties, have and exercise original jurisdic-
tion over all cases where the sum, debt, damages, or matters in
demand or controversy, shall be above fifty, and not above one
thousand dollars, and in all cases above one thousand dollars,
where the judge of the Superior Court, in his own judicial dis-
trict, is a party, either plaintiff or defendant, or where such
judge cannot, for any other cause, take cognizance of the suit,
the said court shall have also appellate jurisdiction over the
judgment of any Justice of the Peace; the case on every such
appeal to be tried anew upon its merits, but without requiring
Appgashoweco written pleadings; no appeal from any justices court shall be
ducted, allowed, when the sum in demand or controversy, does not ex-
ceed ten dollars, except for matters of law apparent of record;
and in every such case the trial in the County Court shall be
upon, and by inspection of record; and writs of error, certio-
rari, mandamus, and prohibition, shall issue from the county
court to any justices court, which shall be tested by the Judge
awarding the same.
Sec. 2. Be it further enacted, That the County Courts of
i .t fa l.- the several counties of this Territory, shall have the same pow-
~..e. ers, in relation tcJIh ales of the real estates of deceased per-
sons, or of minors, as is vested in the Superior Court by an
act, approved the 21st day of January, eighteen hundred and
thirty-six, entitled, "An act to enable executors, administrators
and guardians, to sell the real estate of infants," under the same
rules and restrictions as is in said act prescribed; Provided, how-
ever, That whenever any superior or county court shall autho-
rise the sale of real estate, in either of the cases before men-
tioned, the executor, administrator, or guardian, applying for
sisity snqir. authority to sell, shall enter into bond, with good and sufficient
security, in double the amount of the estimated value of the
real estate authorised to be sold, payable to the Governor of the
Territory of Florida, and his successors in office, conditioned
for the faithful and legal application of the proceeds of said
sale.
Sec. 3. Be it further enacted, That in all cases [where] it
i.mt*o may be necessary to sell the land or negroes, belonging to the
estate of deceased persons, for the payment [of] debts due by
the deceased, the Judge of the County Court shall order the






( 39 )

sale of either, as he may consider most to the interest of the
estate, or the parties to whom the property belongs.
Sec. 4. Be :t further enacted, That in: all cases in which the es,,er not .ay.
officers of said courts, or in which Justices of the Peace, con- lrbe "t moer
stables, or tax collectors, shall receive money by virtue of their est.
offices, and shall not pay over the same to the persons entitled
thereto, upon demand, they shall pay to the persons entitled to
receive the same, the principal and interest received, with twen-
ty-five per cent, damages, which may be recovered by rule be-
fore the court, and the party held in custody, as for contempt,
until the principal, interest, damages and cost, are paid.
Sec. 5. Be it further enacted, That the County Courts in court f South
the Southern District, shall be held quarterly from the times at c;" DZv"t.
which they are now held by law.
Sec. 6. Be it further enacted, That any person who may feel
agrieved by any order or decree of such county court, for the
sale of any such real estate or slaves, may appeal from the said.
order or decree in the same manner as appeals are, or may by Appeals
law, be taken in other cases, from the County to the Superior
Court; and such appeal shall in all cases operate as a superse-
dias.
Sec. 7. Be it further enacted, That in all cases when the
Judge of the Superior Court, shall be interested in such real es-
tate, such appeal may be taken directly to the Court of Appeals.
Sec. 8. Be it further enacted, That the natural guardian of rians iay
any minor, may, upon petition, be allowed to sell the real es-
tate of such minor, subject to the same.provisions herein direct-
ed, without the necessity of taking out letters of guardianship.
Sec. 9. Be it further enacted, That all laws or parts of laws, ',iinsclaus
so far as they conflict with this law, be, and the same are here-
by repealed.
Passed 6th February, 1838.-Approved 8th Feb. 1838.



No 28, AN ACT to charter and incorporate the Trustees of the St. Andrews
College in West Florida.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That James Bright, N. H.
Mitchell, Richard Fitzpatrick, John Bryan, Jos. Croskey,
Neill McPherson, Peter Gautier, Jr. Jessee Willis, Simmons
J. Baker, James T. Pittman, Jessee Coe, and John Branch, incorporation.
and their successors in office, are hereby constituted, declared
to be, and are incorporated into, a body politic and corporate






40 )


in fact and in law, by the name and style of the Trustees of St.
Name. Andrew's College in West Florida, and by that name they and
their successors in office shall have continued and perpetual suc-
cession, and shall be capable and liable at law and in equity, to
sue and be sued, plead and be impleaded, of answering and be-
Privileges. ing answered unto, defending and being defended against in all
courts and places whatsoever, and shall have power to make a
common seal, and the same to alter at pleasure, and to make
ordinances and by-laws for the government of said corporation,
not contrary to the laws of this Territory or ofthe United States,
and by the name and style aforesaid, shall be capable of being
contracted with, receiving, purchasing, holding, using, posses-
ing selling, granting, and conveying, all kinds cf property, real
and personal, expedient and useful to the full exercise and en-
joyment of the privileges with which said corporation are here-
by invested, and for the promotion of the objects of said corpo-
ration, and of pledging, hypothecating and mortgaging the
same, and generally, to do and perform all acts and things, as
fully to all intents and purposes, as the said Trustees or their
successors could do individually without this act.
Sec. 2. Be it further enacted, That tihe objects and purposes
ofsaid corporation, are hereby declared to be the education of
Object declared, male youths in those branches of education and science which
are and may be hereafter generally taught in the higher classes
of seminaries in the United States of America, and the said
corporation are hereby invested with lawful right, power and
Degree nmay be authority to confer academical degrees,'as generally conferred in
conferre.d other colleges in the United States, upon graduates of said col-
lege or honorary degrees upon worthy and distinguished persons,
not graduates, and to issue diplomas therefore, according to the
by-laws of said corporation to be hereafter made and adopted.
Sec. 3. Be it further enacted, That the Trustees above na-
Oice or Tru,. med, shall continue in office until the first Monday of January,
lees. one thousand eight hundred and forty two, and shall have pow-
er until that time to fill any vacancy, or vacancies, in the board,
by the suffrages of a majority of the remaining Trustees, and
on said first Monday of January one thousand eight hundreds
Who mayvote and forty two, each of said persons above named, and all others
lecton. who shall have made a donation three months previously, to or
above the amount or value of one hundred dollars, said corpo-
ration shall be entitled to have one vote for twelve Trustees of
said corporation, to serve for three years next ensuing, with
power ad interim to fill vacancies, when an other election shall
take place in which all former Trustees and donors as aforesaid,
or doners of like amount and value, three months previously to






( 41 )

said election, shall have a vote as aforesaid, and said elections
to be continued to be held tri-annua!ly perpetually u--der such Elrcinns trian-
rules and regulations, or ordinances and by-laws, as may be ad- nualy.
opted by said corporation, and if neglected to be so held, the
Trustees in office shall continue in office for one year longer, or
until another election shall be held.
Sec. 4. Be it further enacted, Thnt said corporation shall
Officers ofricor-
have power to elect a President, Vice President, treasurerr and poration.
Secretary, of said corpora ion, and also to appoint such profes-
sors and teachers, or other officers, as they mnay deem expedi-
ent, none of whom shall however, be Trustees of said corpora-
tion, either at the time oftheir election, or subsequently, while
in office, nor shall any Trustee receive in any wise any com-
pensation or emolument for ,ny service to said corporation.
See: 5. 3B it further enacted, That the Governor of Flori- honorary mcm
da, the Judges of the highest courts of law and equity therein, berm.
the presiding officers of both branches of the Legislature of
Florida, and the Senators and Representatives in the Congress
of the United States, from Florida, for the time being, shall be
exofficio honorary members of said Board of Trustees, and be
entitled to a seat at the board, though not to have a vote, un-
less otherwise entitled.
Sec. 6. Be it further enacted, That said board of trustees may Duty of secret.
elect, as may be prescribed by their by-laws, a chairman of their ry-
board from among themselves, and a secretary, who may not
be a member, and said secretary shall keep regular minutes of
the proceedings of the board.
Sec. 7. Be it further enacted, That a majority of the whole
number of constituted or elected trustees, shall be necessary to Trusteem. etc.
make any byllaw or ordinance, rule or regulation, and adopt
other measures relating to said corporation.
Sec. S. Be it further enacted, That said college shall he lo-
cated on the sixteenth section of township four, range Iburteen, Lecaton of cot.
south and west, in the county of Washington; Provided: The
assent of Congress can be thereto obtained; and if the same is
not done, then said trustees may locate the same at such place,
as they may deem best; Provided: That said location shall be
made on the Bay of St. Andrews.
Sec. 9. Be it further enacted, That said corporation shall Exemptei from
be exempted from all taxes of any kind and nature whatsoever, tax.
nor shall its property, real or personal, be subject to any levy
or tax at any time.
Passed 6th February, 1838.-Approved 8th Feb. 1838.
F







( 42 )


No. 29. AN ACT to change the time of holding the County Court of Jackson
county.
Section l. Be it enacted by the Governor and Legislative
Time changed. Council of the Territory of Florida, That the fall term of the
county court of Jackson county, shall be held on the first Mon-
day in November, in each year.
Sec. 2. Be it further enacted, That all laws and parts of
laws, conflicting with the provisions of this act, be, and the same
Repealingclause are hereby .epealed,
Passed 6th February, 1838.-Approved 8th Feb. 1838.



No. 30.-AN ACT for the relief of Micajah Dean.
WHEREAS, at the extra term of the Superior Court, for the
counties of Alachua, Hillsborough, and Columbia, held at
Newnansville,' in Augupti1837, two negro slaves, named Tom
and Jack, were convicted and executed for the murder of Lew-
Preamble. ellyn Gilliland, the said negro slaves beingthe property of Mi-
cajah Dean, a citizen of Columbia county, therefore, for the
relief of the said Micajah Dean,
Be it enacted by the Governor and Legislative Council of the
Teriritory of Florida, That the Territorial Treasurer is hereby
mount paid. required to pay to Micajah Dean aforesaid, the sum of one
thousand dollars, out of any monies not otherwise appropriated,
in full compensation for said negro slaves.
Passed 6th February, 1838.-Approved 8th Feb. 1838.



No. 31. AN ACT, to Incorporate the Tropical Plant Company of Florida:
Section 1. Be it enacted by the Governor and Legislative
ri. Council of the Territory of Florida, That Henry Perine, James
Webb, and Charles Howe, and such other persons as shall be-
come owners and holders of stock in said company, be, and
they are hereby constituted and made a body corporate, by the
title of the Tropical Plant Company of Florida.
Sec. 2. Be it further enacted, That the capital stock of the
said company shall be fifty thousand dollars to be divided into
one thousand shares of fifty dollars each, and in case the Trus-
Capital Stock tees shall hereafter find it expedient to increase the said capital,
may be increase.
y be inceas they are hereby authorized to do so from time to time, to any
amount, not exceeding in the aggregate one hundred thousand






( 43 )

dollars, and to increase the number of shares in proportion to
said increase of capital.
Sec. 3. Be it further enacted, That the company hereby in- Comn'y may
corporate shall be capable of holding such lands and heredita- hold lands.
ments as they may acquire from the Government of the United
States, or from individuals, for the purpose of carrying into ef-
fect the objects contemplated by this act.
Sec. 4. Be it further enacted, That the said company and
their successors, by their corporate name, shall be capable of Rights, 'privile.
suing and of being sued, pleading and being impleaded, defen- ge, etc.
ding and being defended, answering and being answered in all
courts and judicatures whatsoever and wheresoever, and also of
contracting and being contracted with, and of purchasing and
selling real, personal property when necessary for the efficient
prosecution of the business of said company, and shall have a
common seal, which the said Incorporators may alter, destroy
and renew at pleasure.
Sec. 5. Be it further enacted, That books of subscription to
the capital stock of said company shall be opened under the di-
rection of the Trustees herein after named, or a majority of Books of sb-
them, or under the superintendence and direction of such per- andCwhre open.
son or persons, as they, or a majority ofthem shall designate and "
appoint at Tallahassee, Pensacola, St. Augustine and Key West
in the Territory of Florida, and at Charleston in the state of
South Carolina, and New Orleans in the State of Louisiana,
at such times as to them shall seem fit, which books shall be
kept open for the space of ten days, or longer, if said Trus-
tees shall deem it necessary.
Sec. 6. Be it further enacted, That six hundred of the shares Stock where
of said capital stock may be subscribed for and taken in the ow"nd.
Territory of Florida, two hundred in New Orleans, and two hun-
dred in Charleston,but if any ofsaid shares shall remain unsub-
scribed for at the time of closing said books at the several places
herein designated,then and in that case, the said Trustees riay op-
en books of subscription at such other places as they may think
proper, either in said Territory, or elsewhere, and the said re-
maining shares, unsubscribed for as aforesaid, may be subscri- Instalmentshow
bed for and taken by any person, whether a previous stock hol- paid.
der in said company or not; it shall be the duty of said Trustees
to require a payment of ten dollars on each share at the time
the same is subscribed for, fifteen dollars in one year after said
company shall be organized, and the remaining twenty five dol- or
lars in two years from its organization, and if any stockholder
in said company, shall fail to make either of the two last men-
tioned payments, at the times specified, and for three months







( 44 )


thereafter, he shall forfeit for the use of said company, his said
stock, and all payments made thereon.
Sec. 7. Be it further enacted, That the capital stock, pro-
perty and affairs of said company shall be managed by three
Trustees to be annually chosen by the said stockholders after
cofipanyr the whole amount ofthe capital stock shall have been paid in as
aforesaid, and that the first election for said Trustees shall
be held at such time and place as a majority of said Trustees
shall by publication for one month in some newspaper publish-
ed in said Territory direct, within three months after the said
capital stock shall have been paid ia as aforesaid.
Sec. 8. Be it further enacted, That Henry Perrine, James
Webb and Charles Howe, shall be the Trustees from the date of
pi:n ho"wap this act until the time appointed for said iirst election and until
others are elected, and all elections shall be holden under the
inspection of two managers to be appointed by the Trustees for
the time being, and shall be by ballot, and plurality of the
votes given at such election shall constitute a choice, but all
absent stockholders shall be allowed to vote by prcxy, and for
each share shall be entitled to one vote.
Sec. 9. Be it further enacted, That no person shall be elec-
S ted a Trustee of said company, unless he be at the time, a re-
esidents ofFlo sident in the Territory of Florida, and the owner of at least
rida. twenty shares of the capital stock of the same, and if at any
time after the election of any Trustee as aforesaid he shall cease
to be a resident of said Territory, or the owner oftwenty share
of the said stock, his situation as Trustee shall be considered as
vacant, and another Trustee shall be appointed in the manner
hereinafter pointed out.
Sec. 10. Be it further enacted, That if from any cause an
Elections. election of Trustees shall not be made at such time or times as
is provided for by this act, the said corporation, shall not for
that cause be dissolved, but it shall and may be lawful, to hold
and make an election of Trustees, at such other times as the by
laws and ordinances of said corporation shall prescribe, and in
case any vacancy should occur in said board of Trustees, by
death, resignation, or otherwise, the remaining Trustees are
ancie how hereby authorized, by appointment to fill such vacancy, and the
f ied. ho person so appointed, shall hold his office until the next election
in the same manner, and shall possess all the powers and au-
thority, which he would have been invested with, had he been
duly elected by the stockholders.
Sec. 11. Be it further enacted, That Trustees for the time
aaorum. being, or a majority ofthem, shall form a quorum for the trans-
action of all business of the company, one of whom shall be se-







( ^4 )

elected by the others, as President of the board of Trustees, and
they shall have power to make all such by-laws, rules and ordi- By.lw.. Rule.
nances, as to them shall appear needful and proper, touching etc.
the management and disposition of the property, estate, and ef-
fects of the said corporation, and all such matters as appertain
to the concerns of the association, but all such by-laws, rules,
and ordinances, made as aforesaid, may be reviewed by the stock
holders of said company, and upon the concurrence of two thirds
thereof, shall be rescinded, and no by-law of said company,
which is repugnant to the laws of this Territory or the laws and
constitution of the United States, shall have any force or effect
whatsoever.
Sec. 12. Be it further enacted, That the stock of said cor- Stock may be
pany shall be assignable, and transferable, according to the rules transferred.
which may be established by said Trustees, but no stockholder
indebted to said company, shall be permitted to make a transfer
of his stock, or receive a dividend, until such debt be paid to the
satisfaction of the Trustees.
Sec. 13. Be it further enacted, That the Trustees shall at
all times keep, or cause to be kept, at the office for transacting
the business of said company, proper books in which shall be Records kept.
regularly entered, all the transactions of said company, which
books shall be subject at all times to the inspection of the stock
holders and the Trustees, on going out of office, shall account
to their successors, and pay over all monies of the company
which remain in their hands, unappropriated.
Sec. 14. Be it further enacted, That it shall be the duty of
the Trustees, to call or appoint meetings, and notify the stock- Trustees to call
holders of the same, in the manner before mentioned, when re- m'~tings.ofeto
quired by stockholders owning one fourth of the stock, and at
all such meetings, absent stockholders may be represented to
the extent of their stock, by attornies or proxies, duly constitu-
ted and appointed.
Sec. 15. Be it further enacted, That the said Henry Per-
rine, shall have the selection of the place deemed by him most
suitable in soil and climate for the establishment of a Botanical
Garden and nursery for acclimating tropical plants, fruits, and dOn';nd nurnry
flowers, provided, in making selection, he interferes with no
private rights previously existing, nor with the laws and rights
of the United States in relation to the public lands in said Tea.
ritory, and the said Henry Perrine, shall be the manager and
superintendent of said garden and nursery, until he shall volun-
tarily relinquish the same, or remove from said Territory, un-
less he shall be removed from the management and superinten-
dence of the same, by a vote representing at least three fourths of






( 46 )

said stock; and the said Henry Perrine, shall be entitled to re-
Compensationof ceive asia compensation for his services, the sum of twelve hun-
manager. dred dollars per annum, out of the profits accruing from said
stock, and if the said profits shall at any time amount to the sum
of twelve per centum, or more, on the capital invested, the said
salary may be increased to any sum, not to exceed two thou-
sand dollars per annum, at the discretion of the Trustees for the
time being.
Sec. 16. Be it further enacted, That if at any time, there
Vacancy of su- should occur a vacancy in the office of superintendent and ma-
fited. onager, it shall be the duty of the trustees for the time being, to
appoint some other suitable person to fill said vacancy, which
appointment shall be of force until the next regular election for
trustees.of said company, at which said election, there shall be
a Superintendent and manager, chosen by the holders of a ma-
jority of said stock, or their representatives, but no person shall
be appointed or elected to said office, who is not the owner of
at least twenty shares of said stock, and who is not a resident of
saia Territory.
Sec. 17. Be it further enacted, That the said trustees shall
at all times, have the power and authority, to appoint all such
atfiers and ser- other officers and servants as they may deem necessary for the
transaction of the business of said corporation, and to displace
them at pleasure, and shall allow them such compensation for
their services, as they may deem right and proper.
Dividends may Sec. 18. Be it further enacted, That such of the stockhol-
m.received in ders as may prefer it, shall be entitled to receive their respec-
tive dividends of profits, in any seeds, plants, or other articles,
cultivated in said garden or nursery, at a price, which shall not
exceed the actual cost, incurred by said company, in procuring
the same or similar articles.
Sec. 19. Be it further enacted, That it shall be lawful for
said trustees, for the time being, to raise by lottery, in such
scheme or schemes, as they may deem appropriate and advisa-
ttery anbri- ble, a sum of money not to exceed ten thousand dollars, which
sum of money, after the payment of the expenses of conduct-
ing said lottery, shall be wholly appropriated under the direc-
tion of said trustees, 1st. To the procuring and purchasing a
sufficient botanical and scientific library, for the use of said
,nmpany. 2d. To the procuring and purchasing the tools, im-
plements, and machinery necessary to the conducting and car-
'Money how p- rying on the business of said company. 3d. To the paying
fopriated. and compensating, to such extent as the said trustees shall deem
reasonable and just, the said Henry Perrine, for such exotic
and other plants, as he may have already procured, and shall







( 47 )


turn over to said company; and 4th. To the procuring from
time to time, from foreign places, such other seeds and plants, Lotteryhow con
as are valuable, and may be rendered valuable to said Territo- ducted.
ry, by their cultivation and acclimation therein. And said
lottery shall be conducted by such managers and officers as the
said trustees shall appoint for that purpose; Provided, That
all such managers and officers shall give bond and security in
such sum or sums, as said trustees shall direct, faithfully to con-
duct said lottery; and provided also, That said managers and
officers shall not be entitled to receive for their services, a sum
which, in the aggregate, will amount to more than five per cen-
tum upon the money raised by said lottery.
Sec. 20. And be it further enacted, That this charter shall
last, and provisions of this act continue in force for the term of
twenty years, from the time when said company shall be orga-
nized.
Passed February 6th, 1838.-Approved Feb. 8th, 1838.


No. 32.-AN ACT for the relief of George W. Somaryndick.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That, all the records and Acts legalized
acts of George W. Somaryndick, Clerk of the County Court frompenalty
of Dade county, made and done by him as clerk of said court,
before he received his commission from the Governor, be, and
the same are hereby, legalized and made valid in law; and the
said G. W. Somaryndick is hereby exempted from any penalty
he may have incurred to the Territory.
Passed February 7th, 1838-Approved 7th Feb. 1838.



No 33.-AN ACT to change the corporate name and style of the Pond Creek
and Black Water River Canal Company, and for other purposes.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That hereafter the name
and style of the Pond Creek and Black Water River Can Ral oa
Company, shall be the "Arcadia Rail Road Company," an le ustitu'refo
that said company be authorised and empowered to build ai1Canal.
construct a rail road in addition to, or in lieu of, the Canal
authorised by the act of incorporation, approved the fourteenth
day of February, in the year one thousand eight hundred- and
thirty-five;.aid road to commence at or near Arcadia, on Pond







( 48 )

Creek, and to run Black Water River, as may be deemed most
advisable and expedient by said company.
Sec. 2. Be it further enacted, That said company is autho-
rized till the first day of January, in the year one thousand
many whn eight hundred and thirty-nine, to fill the subscriptions of stock,
orgumi we. and organize the said corporation according to the provisions of
the act before mentioned; and for the objects and purposes afore-
said, are invested with powers, privileges, rights, and immunities,
in respect to the construction of said road, taking possession of,
and appropriating land and property necessary therefore, and
all other proper objects as are by law invested in the Pensaco-
la and Perdido Rail Road and Canal Company.
Sec. 3. Be it further enacted, That books of subscription
for the capital stock of said company, shall be assumed by Jo-
Bonks of uhb. seph Forsyth, Timothy Twitchell, and Fzekiel E. Simpson,
feriptioin when at such time and place, and under the direction of such person
andwhere open-
eed. or persons, as they, or a majority of them, may appoint, and
shall be kept open as long as they or a majority of them may
think proper.
Sec. 4. Be further enacted, That the number of directors
of said company shall be three, to be elected at such time and
Directors. place as the stockholders in their by-laws may prescribe.
Passed February 7th, 183S.-Approved 8th Feb. 1838.


No. 34.-AN ACT to legalize certain proceedings in the Superior Courts ot
Eaist Fi.rida.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That all process hereto-
fore issued out of the Superior Court of the District of East
roces without Florida, in any county in said district without the seal of said
Process without
seal legalized. court, be, and remain as valid and effectual in the law as though
the seal of the said court, had been regularly attached thereto;
Provided, however, That nothing herein contained shall be
construed, to receive any process already set aside for want of
such seal.
Passed February 7th. 1838.-Approved 8th Feb. 1838.


'No. 35.-AN ACT to establish and regulate Pilots and Pilutage at St. Johns
Bar, in the Territory of Florida.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That it shall be the duty







( 40 )


of the County Court of Duval county, at the first term after
the passage of this act, to make all necessary rules and regula- co,,ry court to
tions for regulating pilots and pilotage at St. John's Bar, and mak eg"la"
to modify, or amend,'such rules or regulations at any subsequent
time thereafter, as may be required.
Sec. 2. Be it further enacted, That until the said court shall
meet, it shall be the duty of the Judge of the county court afore- Judgein reca's
said, to make and establish such rules and rates of pilotage as
as may be required.
Sec. 3. Be it further enacted, That it shall be the duty of
the Judge of the county court aforesaid, to appoint.one or more Judge toappoet
qualified persons to act as pilots at said bar, who shall give a 'lot,.
bond, with good and sufficient security, in the sum of live hun-
dred dollars, payable to the Governor of the Territory of Flo-
rida, and his successors in office, conditioned for the faithful n c-
formance of his duty as pilot, and before entering upon his 'Iu-
ty, shall take and subscribe an oath well and truly to perform Dutic so p'ot
all the duties required of him as pilot, to the best of his skill
and ability; which oath, together with the bond, shall be filed in
the clerk's office of the county court aforesaid.
Sec. 4. Be it further enacted, That all acts, and parts of
acts, heretofore passed, regulating pilots or pilotage at St.
Johns Bar, be, and tie same a. hereby repealed.
Passed February 7th, 1838.-Approved 8th Feb. 1838-



No. 36.-AN ACT to au;horise Douglass Vass and others, proprict.jrs of i16
Mineral Spring, in Columbia county, to build a bridge across thD 'uw;vanlee
River, aL said Spring.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That Douglass Vass and
others, proprietors of the Mineral Spring, in Columbia county,
be, and they are hereby authorized to build a bridge across Su- ,s ano p"
wannee river, at the said Mineral Spring; and said proprietors
are hereby vested with all and singular, the immunities, rights,
and privileges belonging to the same, for and during the term
of twenty years, from and after the passage of this act; Provi-
ded, the said proprietors shall keep the same in good repair.
Sec. 2. Be it further enacted, That it shall be the duty of
the said proprietors, to keep in good repair, a flat boat, of suf- Duty t rnd-e
ficient dimensions to transport across said river a loaded wagon owners.
and team, until said bridge shall be finished; and the said pro-
prietors shall be entitled to receive at said ferry, or bridge, toll,
G







( 50 )

at such rates, and shall be subject to such regulations, as may
be established by the county court of Columbia county, and-the
Legislative Council.
Sec. 3. Be it further enacted, That it shall not be lawful for
Extent o prii any person or persons whomsoever, to build a bridge, or esta-
lege. blish a ferry across said river, within three miles above or below
said Mineral Spring, on said river, unless the same be for hisor
their own exclusive use, and not for the purpose of gathering
toll.
Sec. 4. Be it further enacted, That all laws militating a-
LawsrepeaId.. against the true intent and meaning of this law, be, and the same
is hereby declared to be nill and void.
Sec. 5. Be it further enacted, That the said proprietors shall
be subject to all the pains and penalties for neglect, as prescrib-
Penalmies. ed by a general law of this Territory.
Passed February 7th, 1838.-Approved 8th Feb. 1888.



No. 37. AN ACT to authorize John Bellame to render the Ocila rivernavigable
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That John Bellame, his
heirs or assigns, shall have, and they are hereby invested with,
Pritileges gran. the rights to render the Ocilla river a navigable stream, by re-
ted. moving all the obstructions to the navigation of said stream,
from the flat ford on said river, to the mouth of said river, that
for this purpose the said John Bellame, his heirs or assigns, may
commence, cut and terminate any canals or channels, and build
any dams, locks, or other works on said river, at any point or
points, best suited to the accomplishment of said object.
Sec. 2. Be it further enacted, That it shall be the duty of the
said John Bellame, his heirs or assigns, to commence the im-
provement of the iPrigation of said river within the time of two
tieas Vltscri- years after the passage of this act, and to complete the same
bed within four years thereafter, and if the said John Bellame, his
heirs or assigns, fail to commence the said improvement within
the time aforesaid, or after having commenced the same shall
abandon or neglectit for the period of twelve months at' any one
Time, or if after said work has been completed, shall permit the
same to remain unfit for the passage of boats drawing eighteen
inches of water, and remain so for twelve months without any
attempt to repair the same, then in either of said events, the
privileges herein granted shall be withdrawn, unless the prose-







( 51 )

caution ofsaid improvements have been suspended from high wa-
ter, or low water, or any other unavoidable cause.
Sec. 3. Be it further enacted, That it sh dl be lai ful for the may occupy
said John Bellame, his heirs or assigns, to enter upon and take la"',. Le.
possession. of any lands, timber, stones, and other materials
whatever, which may be necessary to the prosecution and com-
pletion of said improvement, or when it may be necessary to
construct any dam, open any canal, or erect any embankment,
lock or other fixture, intended or implied by this act, provided,
that no such land, timber, stones, or other materials, of private
individuals be taken without adequate compensation to the
owners thereof.
Sec. 4. Be it further enacted, That whenever it shall be ne-
cessary fur the said John Bellame, his heirs or assigns, to take vanlueof laiiJ
possession of and use any land, timber, stone, or other materials o, ,a"erai nDow
owned by private individuals for the use of said improvements,
or the keeping in repair the same, or any part thereof, and the
parties do not agree upon the value of the same, it shall be law-
fid for the said John'Bellamne, his heirs or assigns, to apply to
the judge of the county court of the county in which such said
lands and materials may be, praying a writ of ait quod damnum
directed to the sheriffor other competent officer to summon five
disinterested persons, of lawful age and housekeepers, to meet
and value said property upon oath, to be administered by the said
sheriffor other competent officers summoning the same, whose
daty it shall b to attend said inquest in person and receive said
report, and receive also from the said John Bellame, his heirs or
assigns, the sum or sums adjudged by said report, and pay the
same over to the person authorized to receive it, and to receive
further all costs of said process under the writ above mentioned
from the said John Bellame, whose duty it is hereby made to
pay the same.
Sec. 5. Be it further enacted, That the said John Bellame,
his heirs or assigns, be, and they are hereby, invested with the
right to demand and receive tolls and fees for transporting pro-
duce and merchandize, or other articles upon said stream, at R:ate -f orlian
the rate of one dollar per hundred weight for the first ten years e
after the completion of said improvement, seventy five cents for
the next ten yea s, and fifty cents thereafter, and the said John
Bellame, his heirs or assigns, are hereby made liable for all
damage which may be sustained by any passenger, produce,
merchandize, or other articles, in the transportation of the same
on said river.
Sec. 6. Be it further enacted, That it shall be, and it is here-
by, made the duty of the said John Bellame, his heirs and as-






( 52 )

signs, to keep on said river, Ifttr the improvements mentioned
Boats etc. free in this act shall have been completed, a sufficient number of
from tax. good, staunch, and strong boats for all transportation on said
stream, and that said boats and all crafts necessarily connected
with s"ia~ transportation, be, and the same are hereby, declared
exempt from taxation, provided, nevertheless, that the naviga-
tion of said stream, shall be open to the public, but all persons
navigating said stream in boats, or other craft, not belonging to
said John Bellame, shall be liable to pay to him, the said John
Dutieson boats Bellame, his heirs or assigns, the sum of twenty five cents per
owned byothers. hundred for every hundred weight thus transported, and provi-
ded, that the transportation of passengers shall be agreed for,
upon such terms as may be agreed upon by the persons apply-
ing for passage and the owner of the boats.
Sec. 7. Be it further enacted, That said John Bellame, his
heirs or assigns, be, and they are hereby, required to make such
annual paymentinto the Territorial Treasury upon the nettprofits
roerty may be as may hereafter be provided by any general law taxing incor-
porations, but not exceeding two and a halfper centum upon the
nett profits derived from transportation upon said stream.
Sec. 8. Beit further enacted, That it shall be the duty of the
said John Bellame, his heirs or assigns, to make under oath, an
annual report to the Governor, of the moneys received as fees
and tolls, and of the moneys expended upon the improvement
of the said stream.
Sec. 9. Be it further enacted, That if the said John Bellame
shall continue and complete the improvement herein described,
within the time stipulated, no other person shall be permitted
Exclusive privi. to make any improvement which may have the effect of injuring
lege. the rights intended to be vested by this act.
Sec. 10. Be it further enacted, That this act shallbe in force
from and after its passage, and shall continue [in] force for the
period of sixty years.
Passed Feb. 8th, 1838.-Approved 10th, Feb. 1838.



No! 38. AN ACT supplemental to the several Acts incorporating;the Bank of
Pensacola:
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the directors of the
directors. Bank created by the acts to which this is an amendment, shall
be stockl':lders, citizens of the United States and residents uf
the Territory, and shall have resided therein at leastthirty days
before their election.






( 53 )


Sec. 2. Be it further enacted, That the eighth section of the
act entitled "an actto inc ease the capital of the bank ofPensa- section repealed
cola, and to amend the l ws incorporating said bank, and for
other purposes," approved the fourteenth day of February, in
the year one thousand eight hundred and thirty five, be, and the
same is hereby repealed, and the amounts heretofore raised or
that hereafter may be raised, upon the bonds of the bank, may
be appropriated to the payment of the instalments on the stock
owned by the said bank in the Alabama, Florida, and Georgia
Rail Road Company; and the profits and dividends the said
Profits and dini-
bank may receive on its stock in the said Rail Road Company, de,,diin appro.
shall not be divided among the stockholders of said bank, but printed.
the said profits and dividends shall be exclusively appropriated
towards the payment of the principal and interest of the bonds
authorized in the said act to be issued; provided, however, that
whenever there is a fund created sufficient to pay the principal
and interest of said bonds, the excess of the dividends on the
stock owned by said bank, in said Rail Road Company, may
be added to the profits of the bank, and divided in the manner
now prescribed.
Sec. 3. Be it further enacted, That so-much of the eleventh
section of the act recited in the forgoing section, as provides section repealed
that no tax shall be levied or assessed on the stock of said bank, and tax levied.
be, and the same is here repealed, and that hereafter the said
bank shall pay annually into the treasury of the Territory or state
of Florida, the sum of two per centum on the nett profits there-
of, which shall be in full of all Territorial, State or City taxes
whatever.
Passed 9th, Feb. 1838.-Approved 10th Feb. 1S38.



No. 39. AN ACT for the relief of the Florida Troops during the Indian War:
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the Territory of Flor-
Ida hereby guarantees to the officers and privates of the militia Who entitled to
of this Territory, who may at any time since the commence- m'y
mert of the present Indian difficulties, have been legally called
into service by the Governor or any other officers of Territorial
Militia, and who remain unpaid, or which may hereafter be cal-
led into service for the defence of the frontier of Florida, the
pay which is now allowed by the United States to the same
description of Troops, and the guarantee of the Territory is Paymaster, etc.
hereby pledged, that no prejudice, or loss, shall be sustained by







( 4 )

any United States Paymaster, ordered into Florida to pay off
the militia, in consequence of the payment of any money to the
troops cated intothe service by tle Governor for the defence of
the frontier, and the funds provided by the-Governor under the
Fus under the provisions, and by the authority of this act, shall be under his
control of G.v- control, and he may appoint suchperson as he may think pro-
.".or. per to disburse the same, anid the said troops shall be paid in the
regular order in which they were called iinto service.
Sec. 2. Be it further enacted, That the Governor ofthe Ter-
oaa athorisod ritory is hereby fully authorized and empowered to negotiate
a loan for the purposes contemplated by this act.
Passed 9th, Feb. 183S.-Approved 10th, Feb. 1838.



No. 40. AN ACT to amend An Act to incorporate the Farmers Bank of
Florida.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That there may be an in-
d.ia increa crease of the capital stock of said bank in the further sum of one
hundred and twenty five thousand dollars over and above its
capital stock now allowed in its charter.
Sec. 2. Be it further enacted. That for the increase of the
stock as aforesaid, books ofsubscription may be opened at such
times and places, and under the superintendence of such persons
Booksopened. as the directors for the time being may appoint, and citizens of
the Territory shall have the right only ofsubscribing to said stock
Sec. 3. Be it further enacted, That no powers or rights tun-
der this amended charter shall" enure or be continued to said
bank, unless upon the discontinuance of all agencies or branches
beyond the limits of this Territo"y, and the redemption in spe-
cie, or the notes of solvent banks, of all liabilities heretofore in-
A ncies a.i. curred by said foreign branches or agencies, and provided this
inue es'"dison. charter shall be subject to such rules and regulations as may
hereafter be adopted for the other chartered institutions of the
Territory.
Passed 9th, Feb. 1838.-Approved 10th, Feb. 1838.



No. 41. AN ACT to incorporate the Alachua Land Cormpany,
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That Isaac Marquand,
Nehemiah Brush, Walter Mead, Jeromus Johnston, Moses E.






S 55

Levy, Peter Mitchel and all others, who are proprietors of the
tract of land in Alachua county, East Florida, know b.hy the Corporai.on.
name of the "Arredondo Grant," granted by Don Alexandro
Ramirez, the twenty second day of. December, one thousand
eight hundred and seventeen, and their assigns, be, and -they
are hereby constituted a body corporate by the name and style
of the Alachua Land Company. I
Sec. 2. Be it further enacted, That the said company shall
have power to sell the said tract of land or any part thereof, as company may
a common or joint stock, for the benefit of the respective pro- sel lands.
prietors thereof, or their assigns, and for this purpose the pro-
prietors of three fourths of the interest in the said lands shall be
competent to appoint trustees, agents, or other necessary per-
sons, and the said majority of three fourths shall also be compe-
tent to form or approve such articles of association, rules, regu-
lations, or provisions, as to the said majority may seem right and
proper, for the sa!e of the said tract, and shall distribute the
proceeds thereof, amongst the proprietors thereof, or their as- Proceeds of sale
signs, in the proportions of the interest therein, respectively held distr"butLd.
by them.
Sec. 3. Be it further enacted, That in cases wherein a minor
or minors are or shall become possessed ofa portion or portions
of the said tract of land, the legal guardian or guardians of the
same, shall be qualified to represent the interest of such minor orr mi
minors in the said lands, and for and in behalfof such minor or
minors, to do and perform all acts and things in the said con-
pany that the said minor or minors could or might do, if he or
they were proprietors of age.
Sec. 4. And be it further enacted, That if it shall appear
that any minor or minors having interest in the said tract of
land, shall not be represented by a guardian, the Superior Court S,,pcrir Cout
of East Florida may appoint such guardian, or such represen- dans.
tative of such minor or minors, and under such securities and
regulations as to the said court, the nature of the case may seem
to require.for the interest and protection of such minor or mi-
nors, and the minor or minors thus represented shall be bound
by the proceedings in their behalfthat shallbe had under this act.
Sec. 5. And be it further enacted, That nothing in this act
contained shall be construed to affect in any wise, either in pos- Proviso.
session or title, the holders of adverse claims to lands within the
limits of said Arredondo Grant: although such adverse claims
may be one of the proprietors above mentioned.
Passed 9th, Feb. 1838.-Approved 11th, Feb. 1838.







( 56 )


No. 42. AN ACT to allthurize Abraham Milsted to build and establish a Toll
Bridge across the Big Escambii, in Escambia county.
Section 1. Be it enacted by the Governor and Legislative
Comucil ofthe.Territory of Florida, That Abraham Milsted,
Privi ege grant- his heirs and assigns, be, and they arc hereby, authorized and
ed. vested with the right 6f building and establishing a Toll Bridge
across the Big Escambia, in Escambia County; and the said
Milsted, his heirs and assigns, shall continue in the enjoyment
of the rights and privileges herein granted for and during the
term of twenty years: provided, the said Milsted, his heirs and
assigns, shall so long keep the said bridge in good repair for
the crossing of waggons and teams, and should he or they fail
to do so for the space of sixty days, all the rights and privile-
Duty required. ges, vested by this act, shall cease and be forfeited, and should
the said Milsted, his heirs or assigns, fail to complete the said
work within twelve months from and after the passage of this
act, then his or their right to erect said bridge shall be void.
Sec. 2. Be it further enacted, That no other toll bridge shall
be erected within three miles below and above said bridge, and
that the said Abraham Milsted, his heirs and assigns, shall be
entitled to receive such tolls, and be subject to such regulations
Extrnt of privi as shall be established by the county court of Escambia County
tce. and the future Legislatures of the Territory or State of Florida.
Passed 10th, Feb.1838.-Approved 10th, Feb. 1838.


No. 43.-AN ACT to amend the act to incorporate the Roman Catholic
Congregation of the City of Pensacola.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That hereafter the num-
ber of Church Wardens shall be reduced to five, who shall be
Churchwardens pew holders, three of whom shall be a quorum for the transac-
tion of business; and the said wardens shall have the power to
fill all vacancies that may occur in their body, until the suc-
ceeding election.
Sec. 2. Be it further enacted, That so much of the act, to
nepeaing clause which this is an amendment, as conflicts with the provisions
hereof, be, and the same is hereby repealed.
Passed 10th February, 1838.-Approved 10th Feb. 1838.






( 57 )


No. 44. AN ACT to Incorporate the Protestant Episcopal Church, in the
Diocese of Florida.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territor.- of Florida, That the Clergy and
Laity of the several Parishes, composing the Protestant Epis- Name.
copal Church, in the Diocese of Florida, be, and they are here-
by declared to be a body corporate, by the name and style of
"The Protestant Episcopal Cnurch, in the Diocese of Florida,"
and they and their successors shall have full power to acquire Rights and priy-
and be possessed of, and hold for the use and benefit of said ile..
church, real and personal estate, and to dispose of the same, as
circumstances may require; and to receive all gifts, grants and
donations, of every description whatsoever, which maybe made
to the same, and shall have the power, by their corporate name
aforesaid, of sueing and being sued, pleading and being im-
pleaded, and of using all necessary and proper steps for recov-
ering any property whatsoever, which the said church may hold
or claim; and also, the power to make all necessary rules and
regulations for the receiving as well the said property, as of all
monies, rents, issues and profits, growing out of the same, or
any part thereof, and shall have a corporate seal, which they
may renew, alter and change at pleasure.
Sec. 2. Be it further enacted, That all parishes of said dio-
cese, which may hereafter be formed and established within the Benefits to par
same, shall be admitted to the benefits and privileges of said in- s.
corporation, upon the principles prescribed, or which may here-
after be prescribed by the rules of said church, established in
convention for the government of the Parishes, composing the
same, and upon no other terms or conditions whatsoever.
Sec. 3. And be it further enacted, That no lands, tenements,
hereditaments, money or other thing given at any time, or at
any place, for the use and benefit of said church, shall be with- dpoedna how
drawn from the same by any parish, or the congregation there-
of, or otherwise disposed of, except for the use and benefit of
said church, or said parish, while the said congregation shall
continue in, and belong to the said Diocese, except by the con-
sent of said Diocese in convention assembled.
Passed February 10, 1838.-Approved 10th Feb. 1838.



No. 45.-AN ACT further to amend the charter of the Southern Life Insuor
anze and Trust Company.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That in lieu of the man-
H







( 56 )


ner now prescribed by law, for the said company to report, the
Report to be trustees shall, annually, on the first day of January, or within
~aer.ote Gov- fifteen days thereafter, report to the Governor of this Territory,
a full statement of their affairs, verified by the oath of the pre-
sident and cashier, taken before some officer duly authorised to
administer oaths.
Sec. 2. Be it further enacted, That the trustees of the said
company, shall be elected, annually, the first annual election
Election ofTruo- shall be held on the first Monday of December next, when the
tees. offices of trustees, first elected, shall expire; but every board of
trustees shall hold their offices until their successors are elected
and organized. -
Sec. 3. Be it further enacted, That said company may in
their discretion, authorise any of the stockholders to sunender
their certificates of capital stock, and take an amount of certi-
setook. ficates of full stock, equal to the amount of payment on the
stock so surrendered, and the said company may hold or re-is-
sue such overplus stock.
Sec. 4. Be it further enacted, That the said company may
use two-fifths of their capital stock paid in, or which may be
r atok e u"e hereafter paid in, for ordinary banking purposes within the Ter-
ritory of Florida, any thing in the sixth section of their charter,
to the contrary notwithstanding, provided, however, that they
shall have no right to claim or receive the guarantee of said
Territory for any sum beyond the amount actually loaned up-
on bonds or notes secured by mortgage upon real and person-
al estate, agreeably to the provisions of the sixth section of their
charter.
Sec. 5. Be it further enacted, That the said company may
call in the residue oftheir capital stock at any time within the
du e n resi- period of five years from and after the first day of January, one
thousand eight hundred and thirty nine.
Sec. 6. Be it further enacted, That in lieu of the penalties
and forfeitures imposed by the 19th section of the act creating
the said corporation, in refusing or suspending the payment of
specie for its notes or obligations, or. of any fund received by
them in deposit, for the term of ninety days, that if the said
suspension or corporation shall at any time hereafter refuse or suspend payment
specie payment, in specie on any of its notes or obligations, or of any funds deposi-
ted with said company, on lawful demand being made, the bearer
of such notes or obligations, or any person having the right to
demand or receive the amount of funds, deposited as above men-
tioned, shall be entitled to recover interest at the rates of ten
per centum per annum on the amount, until the said company







( 9 )


shall tender payment thereof, with damages as aforesaid, in spe-
cie at their counter.
Sec. 7. Be it further enacted, That no person who is not a
resident of the Territory shall be a trustee of said institution.
Passed 10th, Feb. 1838.-Approved 11th, Feb. 1838.


No. 46. AN ACT to repeal An Act concerning 3Jrors in theSouthern District:
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That An Act entitled An
Act concerning Jurors in the Southern District, approved the Part of act re
eleventh day of February, one thousand eight hundred and thir- Pealca.
ty seven, be, and the same is hereby repealed, except so far as
the same relates to the number of Jurors to be summoned, and
the number qualified to act, and the general laws in relation to
Jurors, repealed by the before recited act, be, and the same are
hereby, revived in the said Southern District.
Passed 10th, Feb. 1838.-Approved llth, Feb. 1838.


No. 47. AN ACT to authorize the St. Andrews and Chipola Canal and Rail
Road Company to establish the books of record of the Company and all other
papers lost by said Company by fire.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the directors of said to be mate out.
company be, and they are hereby authorized to cause to be
made out from the best evidence in their power, copies of the
records of said company, either under the name of the St. An-
drews and Chipola Canal Company, or under its present name,
also all other papers belonging to said company, or any of its
members, which may be necessary to establish the legal rights
of the company, or of the members, and which may have been
lost by fire.
Sec. 2. Be it further enacted, That the said copies, when ac- Copies tobecon.
cepted by the majority of the stockholders, shall be deemed, aidered valid.
held, and considered as valid in law as the original would be
had they not been burned.
Passed 10th, Feb. 1838.-Approved 11th, Feb. 1838,






( 60 )


No. 48.-AN ACT to carry into effect a General System of Education in the
Territory of Florida, by the educating Schoolmasters.
Section 1. Be it enacted by the Governor and Legislative
Council of Florida, That it shall be the duty of the County
buty of county Court, in each respective county of the Territory, immediately
Court upon the organising of the Dade Institute of Florida, to send
one young man to the said Institute, to be educated as a School-
master, for the county from which he shall be sent.
Sec. 2. Be it farther enacted, That in the selecting of said
young man, as aforesaid, the County Court shall be influenced
m their choice, by the worth and talent of the individual, and
Hdw elected. his likelihood for usefulness, but not the less for his not being
able to educate himself, and orphans are especially to have the
preference.
Passed 10th February, 1838.-Approved 11th Feb. 1838.



No. 49.- AN ACT for the compensation of the Members and Officers of the
Legislative Council, and for other purposes.
Section 1. Be it enacted by the Governor and Legislative
buty of Govern- Council of the Territory of Florida, That the Governor cause
or. to be audited and settled, the pay and mileage of the Members
of the Legislative Council, for their attendance from Monday,
the first day of January, to Sunday, the eleventh day of Febru-
ary, of the same year, both days inclusive, agreeable to the al-
Amoun lowance authorised by the act of Congress.
Amount Sec. 2. Be it further enacted, That he cause to be paid to
J. S. Robinson, Secretary of the Council, five hundred dol-
lars.
roprtd. To James H. Gibson, enrolling and engrossing clerk, three
rori hundred dollars.
To Neill McPherson, enrolling and engrossing clerk, three
hundred dollars.
To RobertB. Copeland, enrolling and engrossing clerk, three
hundred and thirty-five dollars.
To James Wallace, Sergeant at Arms, two hundred and thirty
one dollars and fifty cents.
To Moses Ellis, door keeper, one hundred and seventy-five
dollars.
To William Wilson, for stationary, including articles fur-
nished for the funeral of James W. Exum, a member of the
Legislative Council, nine hundred dollars and thirty-four cents.
To Samuel S. Sibley, for miscellaneous printing for the Le-







( 61 )

gislative Council, one thousand, three hundred and forty-one
dollars and fifty-one cents.
To Richard Hayward, for his account, fifty-six dollars and
twenty-four cents.
To J. Knowles, for printing the Governor's Message, one
hundred dollars.
To Thomas H. Austin, for his account, twenty dollars and
twenty five cents.
To J. M. Hugon, for his account, thirteen dollars and fifty
cents.
To Frederick Towle, for his account, thirty-seven dollars and
fifty cents.
To H. N. Coleman, for copying the laws of the present ses-
sion and making index to same, two hundred and fifty dollars. Governor to a.-
Sec. 3. Be it further enacted, That the Governor cause to ditand settlea
be audited and settled, the account of Samuel S. Sibley, for ersoflaw..
printingthe laws and journals of the present session, when the
same is finished, according to his contract; and that he also cause
to be settled, the accounts of the editors of newspapers, autho-
rised to publish the laws of the present Council, according to
the act of Congress.
Sec. 4. Be it further enacted, That the Governor cause to
be paid to Thomas H. Austin, two hundred dollars, for taking Public property.
charge of the Capital Square and house, and the property in
the same, out of any money in the Tallahassee Fund, not other-
wise appropriated; and the Auditor of this Territory is hereby
required to audit said account.
Passed 10th February, 1838.-Approved 11th Feb. 1838.



No. 50.-AN ACT to authorise the Trustees of Jefferson Academy, to rent
the School Lands within the county of Jefferson, and for other purposes.
Section 1. Be it enacted-by the Governor and Legislative Trustees ot Jer-
Council of the Territory of Florida, That the Trustees of the ferson Academy
Jefferson Academy, be, and they are hereby authorised to take d rnt school
possession of the School Lands within the county of Jefferson,
to use all proper and lawful remedies for the recovery of the
same, in case possession should be refused to them, to lease the
same from year to year, or for a term of years, not exceeding
five years, and to add such stipulations and conditions to each
lease as to them shall seem just and reasonable.
Sec. 2. Be it further enacted, That the said trustees are
hereby authorised and empowered to receive such rents and pro-






( 62 )


fits as may hereafter accrue upon said lands so leased as afore-
said, and to use all proper and lawful means to recover the same
when neglect of payment occurs.
Sec. 3. Be it further enacted, That the said trustees be, and
So collect rents they are hereby authorised and empowered to demand, sue for
and dues. and recover all such rents, profits, or damages as may be due
and accruing upon the use and occupation of the aforesaid
lands, at any time heretofore used and occupied, and under
whatsoever pretence, claim or right, the same may have been
used and occupied.
Sec. 4. Be it further enacted, That the trustees be,and they
are hereby authorised and empowered, and it shall be their duty
Poor children to to apply the moneys so received as aforesaid, in the education
be educated. of poor children, within the county of Jefferson, and in such
proper and necessary repairs and improvement of said Acade-
my, as to them shall seem best calculated to advance the wel-
fare and usefulness of the institution.
Sec. 5. Be it further enacted, That the act of 1832, incor-
porating the Jefferson Academy, be so amended as to authorise
and empower the present trustees to appoint four other trustees,
Actofl32 amen to have equal power with themselves; and that the board of
ded. trustees, from and after the passage of this act, shall consist of
ten, and they, or a majority of them, shall have full power to
fill any vacancy that may hereafter occur, by death or resigna-
tion.
Sec. 6. Be it further enacted, That all acts or parts of acts,
inconsistent with the true intent and meaning of this act, be,
and the same are hereby repealed.
Passed 10th February, 1838.-Approved 1lth Feb. 1838.


No. 51.-AN ACT to provide for the erection of a Court House and Jail in
the counties of Franklin and Calhoun.
Section 1. 'Be it enacted by the Governor and Legislative
county courts Council of the Territory of Florida, That the County Courts
may assess tax. of said counties, may assess a tax for the year 1838, equal to
the Territorial tax, to be exclusively used in the erection of
Jails and Court Houses.
Passed February 10, 1838.-Approved llth Feb. 1838.







( ua )
No; 52. AN ACT to incorporate the Florida Steam Packet Association.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That John G. Gamble,
John Parkhill, Samuel Parkhill, Robert Lyon, William P.
Craig, William H. Kimbrough, E. J. Wood, G. K. Walker,
William R. Daffin, John D. Gray, Ben. Chaires, and J. Day- Incorporation.
ton Wilson, and such other persons as may he hereafter asscci-
ated with them, shall be, and are hereby, constituted and declar-
ed to be a body politic and corporate, by the name and style of
"The Florida Steam Packet Association," and by that name Name.
they and their successors and assigns shall be capable in law of
sueing and being sued, pleading and being impleaded, answer-
ing and being answered unto, defending and being defended,
in all courts and places whatsoever, and shall have power to Rig ts and priv-
make and use a common seal, and the same at pleasure to alter ilges.
and amend, and they and their successors, by the same name and
style, shall be capable of purchasing, holding, and conveying,
any property, real or personal, necessary or expedient to the
object of said corporation.
Sec. 2. Be it further enacted, That the capital stock of said
corporation, shall be thirty five thousand dollars, with the pri-
vilege of increasing it to two hundred and fifty thousand dol- Capital Stok.
lars, divided into shares of one hundred dollars each, transfer-
able in such manner as the said corporation by their laws shall
direct.
Sec. 3. Be it further enacted, That for the management of
said corporation, there shall be chosen by the stockholders, five
Directors, one of whom shall be chosen or elected President, Coorat onhow
each share shall have one vote, and the president and directors
shall have power to appoint such officers under them, as they
may deem necessary to carry on the concerns of the company,
to prescribe their duties, and to dismiss them at their pleasure.
Sec. 4. Be it further enacted, That the Directors ofthe said
company shall be chosen for one year, and that in case it should
happen that an election of directors should not be made on the Directo
day, when pursuant to this act it ought to be made, the said
corporation shall not for that cause be dissolved, but such elec-
tion may be held at any other time, and the directors for the
time being shall continue to hold their offices until new ones
shall have been chosen in their places; a majority of said direc-
tors shall be competent to transact all business of said corpora-
tion.
Sec. 5. Be it further enacted, That the said company shall
have liberty to transport passengers, produce, goods, and mer-







( 64 )

chandize of every description, to and from New'Orleans and
Company may the intermediate ports, to St. Marks, and from the St. Marys
transport goods. via St. Johns rivers, or to such port or ports as may be designa-
ted by the said directors, and the boats of said association shall
not be compelled to take a pilot at any port in this Territory,
unless the Captain may think proper to do so.
Sec. e. Be it further enacted, That the directors of said com-
pany shall settle the books and accounts of said corporation at
least once a year, and submit a detailed statement of the trans-
Affairs of comr actions and affairs thereof to the stock holders at their annual
pIny to be set-
ted one, a yar. meeting, and declare such dividend of the actual profits thereof,
as the condition of said company mayjustify, and the stockhol-
ders shall have power to make such by-laws for the government
of said company as they may deem proper, and not inconsistent
with this charter, or the laws of the Territory of Florida.
Sec. 7. Be it further enacted, That this act shall be in force
for fifty years, and no longer.
Passed 10th, Feb. 1838.-Approved 11th, Feb. 1838.


No. 53. AN ACT to repeal An Act to incorporate the Stockholders of the
Union Bank of Florida so far as it relates to the establishment of a Branch in
Marianna.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the thirty second sec-
tion of the original charter of the Union Bank, be, and the
same is hereby revived so far as it relates to the establishment of
section revived, a Branch of said bank in the Town of Marianna, and that the
directors of said bank be, and they are hereby required within
six months after the passage of this act, to establish a branch of
said bank in the Town of Marianna: provided, the stockholders
in Jackson County petition for the same on or before the first
day of May next.
Sec. 2. Be it further enacted, That all laws so far as they
conflict with the provisions of this act, be, and the same are
hereby repealed.
Passed 10th, Feb. 1838.-Approved lth, Feb. 1838.


No. 54.-AN ACT to incorporate the Dade Institute of Florida.
Section 1. The honoring of the dead, and educating of the
living, being the dearest and most sacred duty of freemen, there-
Preambic. fore, Be it enacted by the Governor and Legislative Council of






( 65 )


Florida, That the following persons, and their successors in
office, be, and they are hereby declared to be, and constituted Incorptraion.
a body politic and corporate, by the name and style of the
Trustees of the "Dade Institute of Florida," and as such shall
be capable and liable, both in law and equity, to sue and be Name.
sued, to plead and be impleaded, and shall have power and au-
thority to make all by-laws and regulations, which may be ne-
cessary for the organization and government of said Institute,
provided such by-laws and regulations, be not repugnant to the
laws of this Territory, and to the laws and Constitution of the
United States, viz:
The Governor of Florida, for the time being.
The President of the Legislative Council, for the time being.
The Judges of the Court of Appeals.
Twelve Trustees to be appointed every five years, by the
Legislative Council and Members of the Council.
Twelve Trustees to be appointed every five years, by the
President of the Institute.
The Generals of the U. S. Army, while in commission.
The Generals of Florida, while in commission.
The Generals who served, or who may serve, in the present
Seminole War, of the different States, during their natural lives.
The President of the Institute.
The Delegate in Congress.
Sec. 2. Be it further enacted, That the Trustees and their Right and prior.
successors in office, hereby incorporated under the name of the ilges.
Trustees of the Dade Institute of Florida, shall and may have
and use a common corporate seal, and the same may alter and
destroy or resume at their pleasure. They shall also have
power and authority to appoint such professors, [the President
of the Institute only excepted,] and teacher, and other officers
as they may deem expedient; and also to confer and bestow an-
nualiy, or otherwise, such diplomas or testimonials of Scholar-
ship in the arts and sciences, as the student in said Institute, and
the graduates of other Institutions, may merit and deserve.
Sec. 3. Be it further enacted, That the Trustees shall be,
and the same are hereby made able and capable of accepting,
holding, and being invested with all manner of property, real,
e3, May receive do.
personal or mixed, all donations, gifts, grants, privileges, and national r tol
immunities whatever, which may belong to the said Institute, at insLitution.
any time, or which may be conveyed to the said Trustees, or
their successors hi office, and to hold the same free and exempt
from all and every kind of taxation, whether corporation, county
or Territory, for the proper use, benefit and behoof of said In-
stitute; and the trustees aforesaid, shall be capable of purcha-






( 66 )

sing, holding, selling and conveying any property, real, perso-
nal, or mixed, necessary or expedient to the object, and for the
benefit of the said Institute.
Sec. 4. Be it further enacted, That the following members
Trteo. f the Legislative Council, be trustees of the Dade Institute of
Florida, for five years, viz: E. Drake, W. J. Mills, J D. Hart,
D. L. Kenan, W. Wyatt, T. Brown, T. Livingston, R. Fitz-
patrick, Thos. Douglas, J. S. Bell, A. S. Dozier, E. E. Black-
burn.
Sec. 5. Be it further enacted, That the following persons be
trustees of the Dade Institute of Florida, for five years, appoint-
ed by the president of said institute, viz: J. Morton, R. Mays,
R. J. Hackley, A. Bellamy, J. Parish, J. Scott, W. Baily, J.
Warren, J. Cooper, A. A. Fisher, R. Gamble, sen. A. Steele.
Sec. 6. Be it further enacted, That there shall be at least
one annual meeting of the said Trustees, for the purpose of
transacting the business of the said Institute, at such places as
the trustees may appoint, at which meeting, a majority of the
Annualmeeting trustees shall be a quorum for the transaction of all business of
the corporation, but if it should, at any time, happen, that such
annual meeting should notbe held, the said corporation shall not,
for that cause, be deemed to be dissolved, but it shall and may be
lawful, on any other day, to hold such meeting in such manner
Trustee may as shall have been designated, by the by-laws and ordinances
a1 vacancies. of said corporation; and in case of any vacancy or vacancies,
occurring in the board of trustees, by death, resignation or
otherwise, it shall, and may be lawful, and the remaining trus-
tees, or a majority of them, are hereby authorised to fill such
vacancy or vacancies, in such manner as shall be pointed out,
by the by-laws and regulations of the board of trustees aforesaid.
Sec. 7. Be it further enacted, That J. A. L. Norman, be,
and he is hereby constituted and appointed President of the
Dade Institute of Florida, for the term of his natural life, in
Preident may consequence of his zeal and perseverance in the prosecution
of this matter, by him instituted. Nevertheless be it provided,
That for any malpractice or gross dereliction of duty, he shall
be removed. be removable by a vote of two thirds of the Legislative Coun-
cil of Florida, in manner and form of impeachment, in which
case a president may be appointed by a majority of said trustees.
Sec. 8r Be it further enacted, That the compensation or
Salary. salary of the president of the institution shall be at least equal
to any professor or teacher, with any increase or perquisite, that
the trustees shall deem proper.
Sec. 9. Be it further enacted, That five members may con-
stitute a meeting for the transacting of business.
Passed February in, 18sa.-A-mrrved 11th Foph. i.'x,







( 67 )


No. 55. AN ACT to authorize Augustus Pongand [Puujaud] and Francis
Gue, the attorneys of F. J. Avico,to s.ll and convey certain property in lands
for the benefit of the children of said Francis J. Avice.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That Francis Gue and
Augustus Pongand, [Poujaud] the attornies in fact of Francis May"se lands
J. Avice, be, and they are hereby authorized to sell and convey
for the benefit of the children of said Francis J. Avice, accor-
ding to their respective interest in the same, certain lands in the
Territory of Florida, according to the terms and conditions set
forth in a deed of conveyance from the said Francis J. Avice
and his wife to Francis L. Daney and James Black, which
deed is the only one between the parties, and is of record in the
County of St. Johns, and District of East Florida, which said
deed when so executed, shall be, and the same is hereby de-
clared to be of the same validity as if executed and made under
and by the authority of the Superior Court for said County and
District.
Sec. 2. Be it further enacted, That said Francis Gue, and
Augustus Pongand [Poujaud] shall, before signing a deed for hal give bond.
the above mentioned purpose, file with the Judge of the County
Court of said County a bond, with sufficient security for the
appropriation of the price of said land to the benefit of said in-
fant children, according to their respective interest.
Passed 10th, Feb. 1838.-Approved 11th, Feb. 1833.

Na. 56. AN ACT to suppress the issuing or circulating of Change Bills, and
for other purposes.
Section 1. Be it enacted by the the Governor and Legisla- Change bills.
tive Council of the Territory of Florida, That from and after
the passage of this act it shall not be lawful for any person or
company, to issue any Change Bill or note of any amount below
the denomination of one dollar, under the penalty of one hun-
dred dollars for each and every violation of the true intent and
meaning of this act.
Sec. 2. Be it further enacted, That none other than resident Bank Directorr
citizens of this Territory shall be elected a director of any bank
of the Territory.
Sec. 3. Be it further enacted, That in case of the insolvency
of any bank, or forfeiture of its charter, no stockholder shall re- Creditorofbank
ceive any share or dividend of the capital stock or assets of such to be first paid.
banks, until all its creditors shall have been filly paid and sa-
tisfied.
Passed 11th, Feb. 1838.-Approved llth, Feb. 1838.






( 68 )
No. 57. AN ACT for the relief o'J. J. Sands.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the Treasurer pay to
Compensation. John J. Sands the sum of seventy-seven dollars and sixty three
cents as a full compensation for his services in guarding John W.
Davis, indicted for murder.
Passed 11th, Feb. 1838.-Approved 11th, Feb. 1838.


No. 58, AN ACT to incorporate the city of Key West.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That all the white inhabi-
tants of that part of the Island of Key West, comprehended with-
in the limits of the city of Key West, as designated by the plan
or map of said city, now on file in the clerk's office in the Coun-
Limitof inoor- ty of Monroe, (excepting that part at present, or that may here-
poration. after be occupied by the United States for military or naval pur-
poses) be, and the same are hereby, constituted a body corpo-
rate, by the name and style of the City of Key West: and by
said col porate name may sue and be sued, plead and be implea-
ded, grant and receive donations, purchase and hold real, mix-
ed, and personal property, and dispose of the same for the ben-
efit of said city: and do all the acts, possess all the rights, liber-
ties, and privileges, that a corporation, body politic, or natural
person, may do, or possess; and may have and use a corporate
seal, which may be altered at pleasure.
Sec. 2. Be it further enacted, That the government of said
Government. city shall be vested in a Common Council, consisting of a May-
or and four Aldermen, and such other necessary officers as the
said mayor and aldermen may appoint.
Sec. 3. Be it further enacted, That the annual election for
mayor and aldermen shall be held on the first Monday of De-
cember of each year, at such places as the common council may
appoint, and the votes shall be given by ballot. All free white
male citizens of the United States, who are over twenty-oneyears
Wh may vote of age, who shall have resided within the limits of said city three
te eon, months next preceding the day of election, and who shall have
paid all legal taxes that may have been demanded of them, shall
have a right to vote at elections for mayor and aldermen author-
ised by this act.
Sec. 4. Be it further enacted, That it shall be the duty of the
mayor of said city, to order an election for mayor aldermen,
and appoint judges therefore, at least five days previous to the






oia )


day designated for the annual election; and if tlle mayar shall
neglect to order and advertise said election, ;t shall be the duty Election shall n
of the clerk of the common council to do so; and in case of the advertised.
neglect of the clerk, or should there be no clerk, it shall he law-
ful for the citizens of said city, who may be qualified to vote for
members of the said common council, to assemble at any conve-
nient place in said city, appointjudges of the election, and then
proceed to elect a mayor and four aldermen. The mayor and
aldermen so elected, shall immediately enter upon the discharge
of their official duties. If from a refusal to serve by any mem-
ber elect, or by the occurrence of an equality of votes given, or
other causes, the mayor and aldermen, or either of them do not
enter upon the duties of their office, the corporation for that NMw election
cause shall not become void, but another election shall take maybeheld.
place within. five days thereafter, until which election, if the
new council cannot be organized, the preceding mayor and al-
dermen shall continue in office till others are elected and quali-
fied to fill their places. And it is hereby made the duty of all
judges of election acting under this charter, to make returns in
writing of the result of elections, to be deposited and recorded
in the archives of the corporation.
Sec. 5. Be it further enacted, That the meetings of the said
common council shall be public, and be held at such places, and
at such times, as the majority of the council shall think proper. Meting of
The mayor and at least two aldermen, shall constitute a quorum council.
for the transaction of business. In case of the absence or inabil-
ity of the mayor, the aldermen shall appoint one of their own
number as president of the council, who during said absence or
inability, shall exercise all the power and authority conferred
on the mayor by this act.
Sec. 6. Be it further enacted, That on the death, resignation,
or removal from the city, of any member, or in case of the absence vacancies.
of any member from the meetings of the council for more than
two months without leave, it shall be the duty of the mayor or
president of the council to order an election to fill such vacan-
cies, within five days, in the manner prescribed in the fourth
section.
Sec. 7. Be it further enacted. That itshall be the duty ofthe
mayor of said city, to see that the ordinances of the council are
faithfully executed-to recommend for appointment all necessa- Duty otMayo.
ry city officers, and to recommend their removal, whenever by
neglect or misconduct the interest of the city may require it.
He shall preside at all meetings of the council, and be entitled
to the casting vote-he shall recommend such measures as he
may think important to the public interest-he shall have pow-
er to convene the council at extra sessions-shall be judge of







( 70 )

the inspections of the city ordinances, and adjudge fines and
penalties for the same.
Sec. 8. Be it further enacted, That the common council of
nwere. of the said city shall have power and authority to prevent and remove
touncft. nuisances; to regulate and establish streets, squares, and fences
in said city; to establish and regulate markets, and provide for
the safe keeping of standard weights and measures; to provide
safe storage of gun-powder, and to encourage efficient fire com-
panies; to regulate and fi& the assize of bread; to prohibit all
sorts of gambling; to license, tax or restrain billiard tables, nine
or ten pin alleys, and other public games, shows, or amuse-
ments; to license, tax, or restrain keepers of bars, grog shops,
and retailers of spirituous liquors; tax hawkers, pedlars, and
transient traders, retailers of dry goods, commission merchants,
and auctioneers; to appoint and license weighers, guagers, and
measures; to appoint and regulate patrols, and to punish or re-
move vagrants; to establish quarantine regulations for the pre-
servation of the health of said city (not incompatable with the
laws of the Territory); to tax pleasure carriages, and carts and
drays; to tax slaves resident in said city; to tax sales at auction,
not exceeding one per cent. on the amount thereof; to tax real
estate, not exceeding one-fourth of one per cent, on the cash val-
uation thereof, to be estimated by appraisers under oath; to as-
sess and collect a poll tax, not exceeding one dollar on every
white male over twenty-one years of age, and not exceeding two
dollars on every free coloured male over twenty-one years, re-
sident in said city; to tax, restrain, or destroy all dogs, hogs, or
goats roaming at largein said city. The said council shall have
power to pass all ordinance and laws necessary and proper to
carry the powers and provisions of this act into effect, and to
provide for the internal police, peace, and good order of said ci-
ty; to establish by-laws for the proper transaction of business,
and to compel the attendance of members. It shall have and
exercise a general control over the public cementries and bu-
rying grounds, used by the inhabitants of said city.
Sec. 9. Be it further enacted, That all taxes shall he assessed
annually for the said city, and taxes once assessed shall be con-
sidered as a debt due said city, and may he collected as such at
s.d how cot- any time within five years. It shall be the duty of the common
council at least once a year, to publish an account current,
showing the whole amount of taxes collected, and the whole
amount of expenditures for the year preceding.
Ordinnces to be Sec. 10. Be it further enacted, That all laws and ordinan-
publishcd. ces of the said common council shall be signed by the mayor
and clerk, and published in a newspaper, or posted up at three







( 71 )

public places in the city, at least three days before they shall be
enforced.
Sec. 11. And be it further enacted, That the mayor and
aldermen of the said city of Key West, shall have no power to
fill up any street, or build or repair any bridge across that part
of the city, known as the Pond, except such public bridges as eB.dgs, stre. .
are now erected, until the proprietors of the lots adjoining the
streets across the said pond, shall have first filled up the said
lots; nor shall the proprietors of the said lots fill up the pond in
any manner whatever, so as to obstruct the ingress or egress of
tide water to and from the head of the said pond.
Sec. 12. Be it further enacted, That all acts and parts of
acts inconsistent with the provisions of this act, be and the same
are hereby repealed.
Passed 11th February, 1838.-Approved 11 th Feb. 1838.


No. 59.-AX ACT to amend An Act incorporating the East and South Florida
Canal Company.
WHEREAS, owing to the existence of the Indian War which is
now raging in the Southern portion of the Territory of Flo-
rida, it is doubtful whether all the capital stock of the East preamble.
and South Florida Canal Company, will be subscribed .for,
by the first day of May next, when, by the provisions of the
books of subscription to said capital stock, are required to be
closed.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That if all the capital
stock of the said company shall not have been subscribed for,
on the" said first day of May next, the said books may be kept r"e,, 0rptiond
open for the period of one year thereafter, unless the whole of t'stock.
the said capital stock shall be sooner subscribed; but whenever
the while of the said capital stock be subscribed upon the books
aforesaid, it shall be the duty of the commissioners to close
them, and then the same proceedings shall take place, as are
required by the said third section of the said charter, to be
adopted at the closing of the said books in May next.
Sec. 2. Be it further enacted, That the books of the St.
Augustine and Picolata Rail Road Company, be continued
open until the first of May 1839.
Passed llth February 1838.-Approved 11th Feb. 1838.







( 72 )


WTo. 60.-AN ACT to incorporate the Pensacola Ciiy Company;
WHEREAS, William H. Chase; Walter Gregory, John A. Ca-
meron, Thomas M. Blount, Charles A. Davis, Morris Ro-
binson, Sampson V. S. Wilder, Thomas Biddle, Elihn
Chauncey, Samuel Jaudon, James H. Leverich, William A.
Booth, James D. Graham, Jackson Morton, Henry Hyer,
and Charles Le Baron, by articles of association, bearing
date the thirteenth day of January, m the year one thousand
Preamble. eight hundred and thirty-seven, associated themselves into a
Joint Stock Company, for the purchase, holding, and sale
of certain real estate in this Territory, which articles are re-
corded in the Clerk's office ofEscambia county: And where-
as, on the same day said real estate was conveyed in trust for
the use and benefit of said associates, as in the trust deed,
bearing date the same year aforesaid, and recorded as afore-
said, to William H. Chase, Morris Robinson, and Charles
A. Davis, Trustees, as specified therein, as by reference to
said record will more fully and at large appear.-Now, for the
confirmation of said articles and deed, and that said parties
may be better enabled to carry the provisions and covenants
therein, more fully into effect,
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That said parties above
named, their associates, assignees, and successors, be, and the
same are hereby constituted and appointed, in fact and in law,
a body corporate, by the name and style of "The Pensacola
corporation. City Company," and by that name, they and their associates,
successors and assigns, shall have continued succession, and
shall be capable and liable, at law and in equity, to sue and be
sued, plead and be impleaded, of answering and being answer-
ed unto, defending and being defended against, in all courts and
places whatsoever; and shall have power to make a common
seal, and the same to alter at pleasure, and to make by-laws for
the government of said company, not contrary to the laws of
this Territory, or of the United States; and by the name and
Rights and priv- style aforesaid, shall be capable of contracting and being con-
tracted with, receiving, purchasing, holding, possessing, using,
selling, granting and conveying all. the property and estate,
real or persona, now held by said parties under said articles,
or said deed of trust, or which they may hereafter acquire, ex-
pedient and useful to the full exercise and ,enoyment of the ob-
jects of said company; and of leasing, hypothecating, pledging,
or mortgaging the same or any part thereof; and generally un-
der the corporate name and style aforesaid, to do and perform






( 73 )


all acts and things as fully to all intents and purposes as said
parties composing said association, or said trustees, could do in-
dividually without thisact; and said trustees, insaid deed named,
and their successors, shall have full power to act and do, as it
said trust deed is provided, and the acts and doings of said as-
sociation, and of said trustees, under and in conformity to said
articles and deed, as well heretofore as hereafter, and also said
articles and deed are hereby ratified and confirmed.
Sec. 2. Be it further enacted, That this act shall continue
in force for the term of ten years from its passage; and no lon-
ger; Provided, That before this law takes effect, the said in-
corporations shall pay into the Territorial Treasury, all the
taxes due the Territory for auction sales of the new town of
Pensacola.
Passed February 11th, 1838.-Approved 11th Feb. 1838.


No. 61.-AN ACT to amend An Act entitled, An Act to incorporate the
Southern Collega at St. Augustine, approved February llth, 1537.
Section 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That if at any time here-
after, any trustee of said College, shall cease to be a. resident of
the Territory of Florida, his situation as such trustee shall be
considered vacant.
Sec. 2. Be it further enacted, That no person shall be eli-
gible to the office of trustee as aforesaid, who shall not be, at
the time of his election, a citizen of the United States, a resi-
dent of said Territory, and who shall not have resided therein
at least six months next preceding the day of election.
Sec. 3. Be it further enacted, That all appointments or elec-
tions of president or professors of said college, shall be made
at a stated meeting of said board of trustees, or at a meeting
specially called for that purpose, of which latter meeting and
the object thereof, ten days notice at least shall be given.
Sec. 4. Be it further enacted, That so much of the act to
which this is an amendment, as provides that the lands acquired
by said trustees, shall be sold within five years from the date of
their acquisition, if not wanted for the necessary purposes of
said college, and other parts of said act, inconsistent with the
provisions of this act, be and the same are hereby repealed.
Passed 1lthFebruary, 1838.-Approved 11th Feb. 1838.
K







( 74 )


PREAMBLE AND RESOLUTION, No. 1.

WHEREAS, the County of Alachua, has been for the last two
years, deprived of the advantages of the mail, either from the
East, North, or West, and no letters or papers received by
the citizens, except by private conveyance.
Be it therefore resolved by the Governor and Legislative
Council of the Territory of Florida, That the Delegate in
Congress, be, and he is hereby respectfully requested to enquire
into the causes of the failure of the contractor to deliver the
mail at the different post offices in said county, and to urge a
compliance with the contract.
Be it further resolved, That a copy of the foregoing Pream-
ble and Resolution, be signed by the President and Chief Clerk,
and forthwith transmitted to the Honorable Charles Downing.
Passed January 8th, 1838.-Appioved Jan. 15, 1838.


PREAMBLE AND RESOLUTION, No. 2.
WHEREAS, the navigation of the Suwannee and Santa Fe
rivers are considerations of great importance to the counties
of Alachua, Columbia, Madison and Hamilton, from the
great bodies of fertile land bordering the said rivers and the
adjacent country; the shipment of the produce from which
districts must naturally pass through said channels. And it
being moreover of great importance to the government of
the United States, that the navigation of said streams be im-
proved to enable the steamboats now employed in transport-
ing supplies for the army, to ascend at all times without diffi-
culty.
Be it therefore resolved by the Governor and Legislative
Council of the Territory of Florida, That the Delegate in
Congress, be respectfully requested to endeavor to procure an
appropriation of thirty thousand dollars, for the purpose of re-
moving the obstructions to the navigation of the Suwannee and
Santa Fe rivers.
Be it further resolved, That a copy of the foregoing Pream-
ble and Resolution be certified to by the President and Chief
Clerk of this House, and forwarded to the H honorable Charles
owning.
Passed January 15, 1888.-Approved 26th Jan. 1838.






( T5 )

PREAMBLE AND RESOLUTION, No. 3.
WHEREAS, The citizens of Alachua, Cohimbia, Hamilton and
Madison counties, are deeply interested in the speedy naviga-
tion ofSuwannee and its tributary streams, and there having
been a memorial from this House already, soliciting an appro-
priation for the improvement of Suwannee and Santa Fe
rivers, and whereas this object of navigating said rivers,
cannot be advantageously accomplished -without a port of en-
try at or near the mouth of Suwannee:
Be it resolved, therefore, by the Legislative Council of the
Territory of Florida, That the Committee on the State of the
Territory, be instructed to enquire into the expediency of me-
morializing Congress for the establishing a Custom House at or
near the mouth of Suwannec.
Passed January 18, 1837.

PREAMBLE AND RESOLUTION No. 4.
WHEREAS, The trade between the towns of Apalachicola and
St. Joseph and the commercial Cities of the Union, has increa-
sed to an extent calling for the notice and protection of the
General Government,and whereas, all vessels bound to and
from those ports,as well as those employed in the coasting trade
between New Orleans and St. Marks, are necessarily exposed
to the dangerous navigation around Cape St. Blas-which is
regarded by Mariners as the Hatteras of the Gull; its shoals
projecting from eight or ten miles to sea, and which in many
instances, has proved dangerous to human life, and destruc-
tive to property: And whereas, a Light House erected on the
most eligible point on said Cape, would be eminently useful
to all vessels bound in to Apalachicola and St. Joseph, or
employed in the coasting trade,
Be it therefore resolved by the Governor and Legislative
Council of the Territory of Florida, That our Delegate in Con-
gress be requested to urge upon that body the necessity and
utility of erecting on Cape St. Bias a suitable Light House, and
that this resolution, properly authenticated, be forthwith trans-
mitted to the Delegate in Congress.
Passed Jan. 23d. 1838.-Approved 26th, Jan. 1838.


RESOLUTION No. 5.
RESOLVED, by the Governor and Legislative Council of the
Territory of Florida, That the Hon. Charles Downing be re-






S 76 )

quested to introduce a Resolution in Congress to extend the
Franking privilege to the Governor and Secretary of the Ter-
ritory of Florida.
Adopted Jan. 26th, 1838.-Approved 30th, Jan. 1838.



PREAMBLE AND RESOLUTION No. 6.
WHEREAS, the recent depredations of the Seminole Indians on
the frontier of Jefferson County, loudly calls for assistance
from some quarter, the system of drafting has been pursued
until the patience of our citizens has been exhausted, they have
been dragged Irom their homes until many of them have be-
come destitute of subsistence for their families, and unless
some protection is given them, they will be compelled (how-
ever unwilling) to abandon their homes and remove from the
country. It is believed that one full company of dragoons
will entirely prevent the inroads of the Seminole on the fron-
tier of this part of Middle Florida, and enable the inhabi-
tants to remain at home and cultivate their farms for the pre-
sent year: Therefore,
Be it resolved by the Governor and Legislative Council of
the Territory of Florida, That the President of the United States
be requested to order the Secretary of War to station one full
company of mounted dragoons, armed with rifles, on the fron-
tier of Jefferson County, and that they remain on that frontier
until the Indians are entirely removed, for the protection of
Middle Florida.
Resolved, That a copy of this Preamble, and Resolution be
signed by the President and Chief Clerk of this Council, and
forthwith transmitted to the Hon. Charles Downing, and that
he be requested to urge and procure the station of said company
by the War Department.
Apopled 26th, Jan. 1838.-Approved 30 Jan. 1838.



RESOLUTION, No. 7.
Be it resolved by the Governor and Legislative Council of
'the Territory of Florida, That our Delegate in Congress be,
and he is hereby requested to use his best exertions to have a
mail route established from Monticello, Jefferson county, pass-
ing through the northern settlement of Madison county, and







( '77 )


directly through Hamilton county, to the Gadsden Spring, on
Suwannee river.
Be it further resolved, That the President and Chief Clerk,
sign this Resolution, and transmit the same forthwith to the Hon.
Charles Downing, our Delegate in Congress.
Adopted January 26th, 1838.-Approved January 30, 1838.



PREAMBLE AND RESOLUTION No. 8.
WHEREAS, it is important in all new countries where the pop-
ulation (as in Florida) is rapidly increasing, and especially
under a republican government, which is based and relies for
its stability upon the general intelligence and virtue of the peo-
ple, the source whence all political power eminates, to pro-
vide as early as possible, and in the most ample manner which
the circumstancesof the community will permit, for the edu-
cation of the rising generation: And whereas, Florida is al-
most entirely destitute of the necessary means for that purpose
on the account of the sterility of a considerable portion of the
sixteenth sections, which have been reserved for the support
of Schools, and in consequence ofalarge portion of the coun-
try having been granted to private individuals by the British
and Spanish Governments, before its transfer to the United
States, without any reservation of school lands: And where-
as, also owing to the great extent and conformation of our
sea coast, the number of islands adjacent thereto, and the
numerous large rivers and lakes with which the interior of
the county abounds, there are, and necessarily must be, a
great many fractional townships in this Territory, containing
less than sixteen sections each, none of which have any
school lands.
It is therefore Resolved by the Governor and Legislative
Council of the Territory of Florida, That our Delegate in Con-
gress be requested to use his exertions to procure the enactment
ot a law, authorizing the selection, in such manner as the Gov-
ernor and Legislative Council shall direct, other lands in place
of such sixteenth sections, as shall prove to be of little or no
value on account of the sterility of their soil, or other cause, and
also the selection and location of a quantity of lands equal to
one thirty sixth part of all the lands which may have been gran-
ted out as aforesaid by the British or Spanish Governments,
and of the said fractional townships, and authorizing the sale of
said lands, and of all other lands appropriated for the support of







( 78 )

common schools in this Territory, in such manner, and upon
sich terms, conditions and provisions as are prescribed to the
State of Ohio, in An Act entitled An Act to authorize the Leg-
islature of the State of Ohio to sell the lands heretofore appro-
priated for the use of schools in said state, approved 1st Febru-
ary 1 826.
And it is further Resolved, That a copy of the foregoing
Preamble and Resolution be signed by the President and Chief
Clerk of this Legislative Council, and transmitted forthwith to
the Hon. Charles Downing, our Delegate in Congress.
Adopted 30th, Jan. 1838.-Approved 2d, Feb. 1838.

PREAMBLE AND RESOLUTION, No. 9.
WHEREAS, the Congress of the United States, by the seven-
teenth section of an act entitled, "An act establishing the
Territorial Government of Wisconsin, approved 20th April,
1836," appropriated the sum of five thousand dollars, to be
expended under the direction of the Legislative Assembly of
said Territory, in the purchase of a Library for the accom-
modation of said Assembly, and of the Supreme Court es-
tablished by said act: And whereas, every Territory of the
United States has equal claims upon their justice and liber-
ality: And whereas the same reasons exist here, as prompted
to that appropriation.
Therefore, Resolved by the Governor and Legislative Coun-
cil of the Territory of Florida, That our Delegate in Con-
gress be requested to ask of Congress a similar appropriation
to be expended by and under the direction of the Governor and
Legislative Council of the Territory last aforesaid, in the pur-
chase of a Library, for the accommodation of said Council,
and of the Court of Appeals of the said Territory of Florida.
Resolved further, That a copy of the foregoing Preamble and
Resolution be forwarded to the Honorable Charles Downing,
Delegate in Congress from this Territory, by his Excellency the
Governor, with a request that he give it immediate attention.
Adopted January 30, 1838.-Approved 2d Feb. 1838.


RESOLUTION, No. 10.
Resolved, by the Governor and Legislative Council of the
Territory of Florida, That our Delegate in Congress be re-
spectfully requested to use every effort to procure the passage of
a law, giving to the counties of Columbia and Alachua, one







( 79 )

entire quarter section of land each, to be located in any of the
unsold lands in said counties; the funds of which to be appropri-
ated to the re-building of the Court Houses and Jails in said
counties.
Be it further Resolved, That the President and Chief Clerk
of this House, do sign these Resolutions, and that they be han-
ded to the Governor for his approval, and transmitted with all
possible despatch to the Hon. Charles Downing.
Adopted 31st January, 1838.-Approved 2d Feb. 1838.


PREAMBLE AND RESOLUTION No. 11.
WHEREAS, at the present time the Mail from Tallahassee to
Jacksonville is only conveyed once in two weeks; and whereas,
it is necessary and proper that there should be a quick and
prompt communication between Tallahassee, the Seat Gov-
ernment of the Territory, and East Florida, the Seat of the
Indian War;
Therefore, be it Resolved by the Governor and Legislative
Council of the Territory of Florida, That our Delegate in Con-
gress be requested to use his best endeavors to have a Semi
weekly mail established from Tallahassce to Jacksonville.
Be it further Resolved, That this Resolution be signed by
the President and Chief Clerk of this House, and his Excellen-
cy the Governor be requested to forward it forthwith to our
Dlegate in Congress.
Adopted 2d, Feb. 1838.-Approved 5th, Feb. 1838.

PREAMBLE AND RESOLUTION No. 12.
WHEREAS, the erection of a Marine Hospital at some point
on the Gulf of Mexico, within the limits of Florida, is called
for, by the claims which sick and distressed Mariners have
upon the aid and sympathy of a humane and commercial peo-
ple, And whereas, the ports of St. Marks, Apalachicola and
St. Joseph, each of which annually export from thirty to for-
ty thousand bales of cotton, and enjoy a lively commerce in
other commodities, are destitute of the means of accommoda-
tion and relief due to the intrepid, but often times unfortunate
sailor: And whereas, the citizens of St. Joseph, have made
near said city, at a healthy and eligible site, a donation of
land to a Marine Hospital for the accommodation ofsailors,
from that and the adjoining ports.






( so )

Be it therefore Resolved by the Governor and Legislative
Council of the Territory of Florida, That the Delegate in Con-
gress be requested to urge upon that body the necessity of an
appropriation of money for the erection of a Marine Hospital at
the City of St. Joseph, and that this Preamble and Resolution
be forthwith forwarded to the Honorable Charles Downing.
Adopted 2d, Feb. 1838.-Approved 5th, Feb. 1838.

PREAMBLE AND RESOLUTION No. 13.
WHEREAS, from the Destitute and ruined situation of the Coun-
ty ofDuval in consequence of the Indian War, which ren-
ders it altogether unable to raise money by taxation, and
Whereas, the Court House having been taken at divers times
by military companies, in the service of the United States and
used as quarters, and from the causes aforesaid the said Court
House has become so much mutilated and broken, that it is
almost useless to the county.
Therefore, Be it resolved by the Governor and Legislative
Council of the Territory of Florida, That our Delegate in Con-
gress be requested to use his best endeavors to procure the pas-
sage of a law appropriating five thousand dollars for the repairs
of the said Court House.
And be it further Resolved, That this Preamble and Reso-
lution be signed by the President and Chief Clerk ofthis House
and when approved by his Excellency the Governor, it be for-
warded to the Honorable Charles Downing, our Delegate in
Congress.
Adopted 5th, Feb. 1838.-Approved 8th, Feb. 1838.


RESOLUTION No. 14.
RESOLVED, by the Governor and Legislative Council of the
Territory of Florida, That the Delegate in Congress from the
Territory of Florida be requested to obtain if practicable, an
appropriation of five thousand dollars, for the opening and put-
ting in repair the road laid out by James Watson and others,
from a point near the house of Peter W. Gautier senior, on St. An-
drews Bay, to its intersection with the compass road, thence with
that road to Dry Creek, near McQuaigs' Mill, thence to the
nearest and best route to Webbville, in the county of Jackson.
RESOLVED, That these Resolutions after receiving the ne~w
sary attestation, be transmitted to our Delegate in Congress.
Apopted 5th, Feb. 1838.-Approved 8th, Eeb. 1838.







( 1
PREAMBLE AND RESOLUTION No. 15.
WHEREAS, it has been usual in the United States Government,
to confer brevet rank upon meritorious officers of the Army
for distinguished bravery and good conduct in the presence
ofthe enemy, and more particularly when that enemy has
been beaten and routed by an inferior force; and whereas, the
conferring of brevet has been continued during the Seminole
War for similar services, and this Legislative Council, be-
lieving that the services of a gallant and most meritorious of-
ficer has for some cause been overlooked.
Be it, therefore Resolved, by the Governor and Legislative
Council of the Territory of Florida, That they entertain the
highest opinion of the meritorious services of Captain Daniel
D. Tomkins of the 1st Regiment of Artillery iu the serviceofthe
United States, for the gallantry and good conduct displayed by
him in the different actions in which he has been engaged, du-
ring the present war, and particularly that of San Felasco, where
he charged and beat the enemy with an inferior force.
Be it further Resolved, That the Governor be, and he is
hereby requested to cause a copy of these Resolutions to be for-
warded to the Hon. Charles Downing, our Delegate in Con-
gress, with a request that he will lay them before the President
of the United States, and that he will use his exertions to have
the brevet rank of a Major in the United States Army conferred!
on Captain Tomkins.
Adopted 6th, Feb. 1838.-Approved 8th, Feb. 1838.

PREAMBLE AND RESOLUTION No. 16.
WHEREAS, the County Court of Jefferson County have by di-.
rect tax on its citizens raised the sum of about five thousand
dollars for the building ofa Court House in said County
which amount has been expended, and the building has not
been completed; the citizens ot said-county request an appro-
priation for its completion, and that the superior court of this
Territory be entitled on all occasions to its use, free of tax,
and charge: Provided such appropriation be made by Con-
gress; Therefore
Be it Resolved, by the Governor and Legislative Council of
the Territory of Florida, That our Delegate be requested to
urge before Congress an appropriation of four thousand dollars
for the purpose of completing the building of a Court House in
Jefferson County.
Resolved, That a copy of the foregoing Preamble and Res.-
L







( 82 )

solution be signed by the President and Chief Clerk, and trans-
mitted to the Hon. Charles Downing.
Adopted 6th, Feb. 1838.-Approved 8th, Feb. 1838.

PREAMBLE AND RESOLUTION No. 17.
WHEREAS, the character and merits of Captain G. S. Drane,
of the second Regiment of Artillery ot the United States Ar-
my, entitle him to the esteem and notice of the people of this
Territory, and to the consideration of his Government: And
whereas, in the opinion of this Legislative Council, his mer-
itsduring the Seminole hostilities, have not received from his
country that awardwhich they have merited, and which has
not been withheld from his fellow officers, therefore,
Be it Resolved by this Legislative Council, That the Presi-
dent of the United States be, and he is hereby, most respectfully
solicited and recommended to confer upon the said Captain G.
S. Drane a brevet promotion for his services in Florida, and
Be it further Resolved, That a copy of this Preamble and
Resolution, be forwarded to the President of the United States,
and another copy to the Delegate in Congress.
Adopted 7th, Feb. 1838.

RESOLUTION No. 18.
Resolved by the Legislative Council ofthe Territory ofFlor-
ida, That his Excellency the Governor be, and he is hereby,
authorized to cause to be deposited at Fort White, on the Santa
Fee River, Fort Palmetto on the Suwannee River, and at such
point in West Florida as may be accessible for the inhabitants
of Walton and Washington, such provisions as will afford some
relief to the suffering inlliahitants in those districts: The supplies
so furnished, to be placed under the charge of commissioners to
be appointed by the Governor, and who will be instructed to
distribute the same to those inhabitants who are destitute of pro-
visions, or of the means of transportation from points where
they may be purchased.
Adopted Feb. 9, 1838.

PREAMBLE AND RESOLUTION No. 19.
WHEREAS, The appropriation heretofore made by the Con-
gress of the United States for the repair of Fort Marion and
the sea wall at St. Augustine, proves insufficient for the pur-
pose; and whereas, it is of the utmost importance that a fur-
ther appropriation should be obtained for the completion of
this work:






( s8 )

Be it therefore resolved by the Governor and Legislative
Council of the Territory of Florida, That the Delegate in
Congress from this Territory be, and he is hereby requested
to use his best exertion to obtain a further appropriation during
the present session of the Congress of the United States, for the
continuance of the above mentioned work.
Be it further Resolved, That a copy of these Resolutions be
immediately forwarded to the Delegate.
Passed 10th February, 1838.-Approved llth Feb. 1838.



RESOLUTION, No. 20.
Resolved by the Governor and Legislative Council of the
Territory of Florida, That Robert B. Copeland, Clerk in the
Executive Office, be allowed the sum of eight hundred dollars
per annum, in lull compensation for his services in said office,
and that the Territorial Treasurer shall pay the said amount on
the Governor's warrant.
Adopted February 11th, 1833.-Approved 11th Feb. 1838.



PREAMBLE AND RESOLUTION, No. 21.
WHEREAS, J. A. L. Norman, has presented to the considera-
tion of the Legislative Council of Florida, a petition praying
from Congress, the grant of a township of land to Florida,
in manner and form, therein more fully set forth, for the pur-
pose of founding the "Dade Institute," of Florida, which
from its great usefulness and moral beauty, the honoring of
the dead, and the educating of the living, which living, have
been made impoverished orphans by a savage foe, we think
highly worthy the attention and patronage of Congress.
Be it therefore Resolved, by the Governor and Legislative
Council of Florida, That our Delegate in Congress, be, and
he is hereby respectfully requested, to endeavor to obtain a
grant of a township of land, from Congress, to the Trustees of
the "Dade Institute" of Florida, for the purposes aforesaid.
And be it further resolved, That the Governor of Florida,
be, and he is hereby requested to transmit, to the Delegate in
Congress, this Preamble and Resolution, with the said petition
of J. A. L. Norman, and its accompanying papers as aforesaid.
Adopted Feb. 11, 1838.-Approved 11th Feb. 1838.






( 84 )
PREAMBLE AND RESOLUTION, No. 22.
WHEREAS, it appears by the correspondence between the Gov-
ernor of this Territory and the Secretary of War, that a dif-
ference of opinion has taken place between those distinguish-
ed officers, relative to the payment of certain portions of the
militia of the Territory, who have been called into the public
service for the defence of the country during the existence of
the present Indian War, which has led to great and very in-
jurious delay in the payment of said militia greatly to be
regretted, and which has made it necessary for this Legisla-
tive Council, at the present session, to provide for such pay-
ment: And whereas, in all such cases a difference of opinion
will exist in the community, as which of such officers has been
right or wrong in his opinion;
Therefore resolved by this Legislative Council, That while
it disclaims any intention to decide that vexed and exciting ques-
tion, it highly approves the zeal, perseverance and energy,
which has characterized the conduct of the Governor, in press-
ing the claims of said militia upon the attention of the War
Department, and believe that he has acted from pure and pat-
riotic motives in so doing, and that such militia ought to be
paid by the Government of the United States.
Resolved further, That our Delegate in Congress be reques-
ted to use his exertions to procure such payment to be made by
said government.
Resolved further, That a copy of the foregoing resolutions
be signed by the President and Chief Clerk of this Legislative
Council and forwarded to said Delegate.
Adopted February 11th, 1838,



PREAMBLE AND RESOLUTION No. 23.
WHEREAS, Lieutenant Robert Myers, of the Franklin Volun-
teers, West Florida militia, has, by his gallant conduct in the
field, rendered important service to the citizens of Florida,
having been severely wounded while leading his company in
a charge against the Indians, and his conduct having been
approved in the highest terms by his commanding officers
throughout the campaign; be it therefore,
Resolved, unanimously, by the Governor and Legislative
Council of Florida, That the President of the United States,
be requested to appoint Robert Myers, Lieutenant in any com-






( 85 )


pany of Dragoons that now or may hereafter be established,
and that this Preamble and Resolution be forwarded by the pro-
per officers of this House to the Hon. Charles Downing.
Adopted February 11, 1838.-Approved 11th Feb. 1838.


PREAMBLE AND RESOLUTION No. 24.
WHEREAS, the Alabama, Florida and Georgia Rail Road
Company, has petitioned the Congress of the United States
for a donation of land, to aid them in the prosecution of
their work, now in the progress of construction; and where-
as, the said Rail Road is a work of great national impor-
tance, and one deserving the munificence of the General Go-
vernment,
Be it therefore Resolved by the Governor and Legislative
Council of the Territory of Florida, That the Congress of the
United States, be, and it is hereby requested to aid the said rail
road company with a donation of land, according to the prayer
of their petition.
Resolved, That our Delegate in Congress be, and he is here-
by requested to use his exertions in procuring for the said com-
pany the said donation of land.
Resolved, That a copy hereof, be forwarded [to] the Hon.
Charles Downing.
Adopted February 11, 1838.-Approved Feb. 11, 1838.


PREAMBLE AND RESOLUTION, No. 25.
WHEREAS, a direct intercommunication between the Capitol
of the Territory and the counties on the Gulf of Mexico,
whose commerce, population, and resources, would be in-
creased and promoted thereby: and whereas the road contem-
plated would lessen the distance now travelled by one half,
and afford facilities to the transportation of our mails, and to
troops and munitions of war, when necessary:
Be it therefore .resolved by the Governor and Legislative
Council of the Territory of Florida, That the Delegate from
Florida, be requested to ask of the Congress of the United
States, an appropriation of ten thousand dollars for the open-
ing and construction of a road from the city of Tallahassee,
passing on the most eligible route through the county of Gads-
den, to a point on the Apalachicola river, near the terminus of
the St. Joseph and Iola Rail Road.







( 86 )

Be it further resolved, That this Preamble and Resolution
be forwarded to the Honorable Charles Downing, Delegate in
Congress.
Adopted Feb. 11th, 1838.-Approved 11th Feb. 1838.


RESOLUTION, No. 26.
Resolved, That the Delegate in Congress be requested to
procure a re-appropriation of the unexpended balances of for-
mer appropriations by Congress, for the compilation of all the
statutes of this Territory, and the acts of Congress relating
thereto, to be subject to the order of the Executive of Florida,
and a copy of this resolution be transmitted to said Delegate.
Resolved, That the Delegate in Congress be requested to
procure an appropriation of the sum of five thousand dollars to
pay the expense of the publication of the proposed Digest, by
John P. Duval, esquire, of the Statutes of Florida, and Treaty
of Cession, &c., as specified in his contract, now in force, and
likewise up to, and including, the present session of the Coun-
cil; said amount of five thousand dollars to be in full therefore,
and a copy of this resolution be transmitted to said Delegate.
Resolved, That the Governor of Florida be authorized and
directed to delay further proceedings on the bond of James D.
Westcott, Jr. and others, upon the filing written assent to such
delay by the other defendants, for the completion of the com-
pilation of the laws of this Territory, till the next fall term of
Leon Superior Court, and upon the aforesaid appropriation of
five thousand dollars being made, to receive at any time before
said term, said compilation, and cancel and discharge said bond,
and also draw for and pay the balance due on the contract, if
re-appropriated.
Adopted Feb. 11th, 1838.-Approved 11th Feb. 1838.


PREAMBLE AND RESOLUTION, No. 27.
WHEREAS, Pensacola has been established as a Nayal Depot
by the United States; and whereas, the bar at the mouth of
the harbor has been examined by Captain William H. Chase,
of the United States Engineers, and Commodore Alexander
J. Dallas, of the United States Navy, both eminently quali-
fied to form an opinion, and reported by them to-be suscep-
tible of being made capable of admitting vessels of war of
the largest class, by the expenditure of an amount of money






( 87


insignificant in comparison to the advantages which will be
derived by such improvement, as well to the Government of
the United States, and the valuable commerce of the Gulf of
Mexico, as to the said city of Pensacola.
Be it therefore resolved by the Governor and Legislative
Council of the Territory of Florida, That our Delegate in
Congress be, and he is hereby requested to use his best exer-
tions to obtain an appropriation at the present session, to deepen
said bar of Pensacola, as recommended by Captain William H.
Chase and Commodore Alexander J. Dallas.
Resolved, That a copy hereof be forwarded to the Honora.
ble Charles Downing.
Adopted 11th Feb. 1838.-Approved I th Feb. 1838.


RESOLUTION No. 28.
Resolved by the Governor and Legislative Council of the
Territory of Florida, That the Treasurer of the Territory be
required to pay the account of John P. Duvall, Secretary of
the Territory, for newspapers furnished the Council at its pre-
sent session.
Adopted Feb. 11th, 1838.-Approved 11th Feb. 1838.



PREAMBLE AND RESOLUTION, No. 29.
WHEREAS, an adjourned meeting of the Southern Convention
for the purpose of considering the subject of a direct trade
to the South and Southwestern States from Europe, and else-
where, will take place in April next, at the city of Augusta;
and whereas, other matters may be discussed at said Conven-
tion, which are of great moment to this Territory; and where-
as, it is highly desirable and important that the South and
Southwestern States, together with this Territory, should be
fully represented in said Convention.
Be it therefore Resolved by the Governor and Legislative
Council of the Territory of Florida, That William H. Chase,
James Gadsden, John G. Gamble, Richard Fitzpatrick, Rich-
ard H. Long, Thomas Douglass, John L. Doggett, Oliver
O'Hara and Thomas Blount, be, and they are hereby, reques-
ted to serve as Delegates to the said Convention on behalf of
this Territory.
Be it further Resolved, That it be hereby recommended to






( 88 )


the different counties and towns in this Territory to appoint as-
sociate Delegates to serve in said Convention.
Be it further Resolved, That the Governor be requested to
notify the gentlemen named in the first resolution.
Adopted Feb. 11th, 1838.-Approved 11th Feb. 1838.


PREAMBLE AND RESOLUTION No. 30.
WHEREAS, the Buoys heretofore placed upon the bar at the
entrance of the harbor of the city of St. Augustine have been
carried away by successive storms; and whereas, the interest
of commerce require that said buoys should be replaced;
also that buoys should be placed on the bar at the entrance
of the St. Johns river; and whereas, also, the same interests
require the said harbor of St. Augustine should, it possible,
be improved; therefore,
Resolved by the Governor and Legislative Council of the
Territory of Florida, That our Delegate in Congress be re-
quested to procure, if possible, an appropriation for the buoys
aforesaid; and that he also endeavor to obtain an order from the
proper department of the Government of the United States for
a survey of said bar and harbor to be made, with a view to as-
certain the expense of so improving the said bar and harbor as
to admit vessels drawing at least twelve feet water at common
tides.
Resolved, That a copy of the foregoing resolutions duly
signed, be transmitted to said Delegate.
Adopted Feb. 1lth, 1838.-Approved 11th Feb. 1838..







INDEX.


ACADEMIES-Trustees of JeTerson Academy, to rent
School Lands 61
to collect rents, &c 62
Alachua Land Company, incorporated 54
Powers of Company 55
Apalachicola, City incorporated 22
Powers of corporation 23
duty of Mayor 24
Arms, carrying of, prohibited 36
Avice, Francis J. Attorneys of, authorized to sell lands &c. 67
Alachua, Resolution concerning mail in 74
Alabama, Florida and Geo. R. R. Co. donation of land for 85S

B

BANKS-Farmers Bank of Florida, charter amended 64
of Jacksonville, charter amended I1
of Pensacola, charter amended 53
Southern Life Insurance and Trust Company
charter amended 57
Union Bank of Florida, act repealing stock-
holders of 64
BRIDGES-over the Ocilla authorised &
over Suwannee at Mineral Spring authorized 4i
over Big Escambia authorised 56

C

CANALs-Pond Creek and Black Water River Companyr 4T
St. Andrews and Chipola Canal Rail Road
Company, to establish books ke. lost 5s8
East and South Florida Canal Company,
charter amended 71
COUNTY COURTS-jurisdiction of 38
appeals how conducted -
in Southern District -
Census of Florida 8
COUNTY SITEs-Madison county 5
of Calhoun county It






( II )


of Hamilton county 13
County Court-St. Johns county 13
Jackson county 42
Calhoun county, Court -louse and Jail in 9
County and Superior Courts when held 10
Colleges-St. Andrews incorporated 39
Privileges 40
where college to be located 41
Southern College, act incorporating amended 73
Compensation Act 60
Corporations, act concerning 26
Convention for organizing a State Government 15
when and where held 16
rights and privileges 16
Constitution adopted tobe sent to Washington 17
Change Bills, act to suppress circulation of 67
CHURCHES-Roman Catholic Congregation of Pensa-
cola, act incorporating amended 56
Protestnnt Episcopal in the Diocese of Flo-
rida, incorporated 57
Methodist Episcopal in St. Augustine, act
incorporating amended 6
Cape St. Bias, resolution concerning light house on 75
Copeland Robert B.-Resolution granting pay for servi-
ces rendered 83

D

DowER, Act concerning 35
Dean, Micajah, act for relief of 42
Dade Institute of Florida, incorporated 65
rights and privileges 66
Trustees 66
Township of Land granted to 83
Dnval county, resolution respecting Court House in 80
Drane.G. S.-Resolution respecting 82
Duval John P.-Account to be settled 87

E

Executions, act concerning 37
East Florida, Superior Court in 48







tirr )


FERRIES-on Santa Fe River
on Holmes' creek
on St. Johns' river
Franklin county-Court House and Jail in
Florida-Census of -
Foreclosure of Mortgages
Florida Steam Packet Association, incorpcr
rights and privileges
Florida Troops-act for relief of


7
37
14
62
8
12
ated 63
S63
S53


Governor and Secretary, franking privilege allowed to -
Governor and Secretary of War, correspondence between
resolution respecting
Governor of Florida to distribute provisions to suffering


inhabitants


- 82


HIGHWAYS-See Roads.
Hamilton County-Site to be selected
Court to erect buildings
Act of 15th Jan. '36 repealed


Jefferson-School Lands in -
Frontier of, to be defended
Mail route in -
Court House in
Jacksonville, Bank of -
Ferry established at -
Jurors-in Southern District
K
Key West, City of, incorporated
duty of Mayor -
Power of Council
Lafayette Salt Company of
L
Lafayette Salt Company, act incorporating amended
Lester Robert C. act for relief of
Limited Partnerships, authorised
articles of acreemeintA filed _


- 61
- 76
- 76
8
- 11
14
59


68
- 69
- 70
9

9
-26
17
S 18







( 'I )


lerms of partnerships to be published 19
how to conduct firm 20
dissolution how effected 21
Library for the Territory, Resolution concerning 78
M
Madison County, County site of 5
Methodist Episcopal Church in St. Augustine 6
Mortgages, act to regulate the foreclosure of amended 12
Musquito county, Clerk of St. Johns to keep the records of 14
Marianna, Branch of Union Bank, established in 64
Mail from Jacksonville to Tallahassee resolution concern'g 79
Marine Hospital, resolution respecting 79
Myers Robert, resolution respecting 84
O
Ocilla River, bridge over 6
P
Pattison James T. 6
Pilots and Pilotage 48
how appointed 49
duties of -- 49
Pensacola, City Cmpany incorporated 72
Rights and Privileges 72
Pensacola, bar at entrance of harbor to be deepened 87

R
Records of Musquito County, act for safe keeping of 14
RAIL ROADS.-Florida Peninsula R. R. & steamboat
Company, incorporated 27
Rights and Privileges, 27
Company how organized 29
may use materials, &c. 30
may punish intruders 31
may make R. R. or Canal 32
from Tallahassee to Iola 85
Roads and Highways 8
duty of County Clerks 8
duty of Sheriffs 8
from St. Joseph to Webbville, resolution
respecting 80
RIvERS.-Ocilla, bridge over authorized 6
Santa Fe, Ferry over 7






( v )


St. Johns, Ferry over 12
Ocilla made navigable 50
Resolution concerning Court Houses and Jails in the
Counties of Columbia and Alachua 78, 79

S
ST. AUGUSTINE.-Methodist Episcopal Church of 6
St. Augustine, buoys at entrance of harbor 88
St. Augustine-Sea wall and Ft Marion, reso'n conc'ng 82 83
Southern convention, Delegates to 87
Southern Joint Stock Company, incorporated 33
Powers of Company 34
rights in courts -- 35
St. Joseph, incorporation acts amended 11
Courts to be holden in 10
Marine Hospital in 79, 80
School Master, education of 60
Somaryndick G. W.-act for relief of 47
St. Johns County 13
Clerk of to keep records of Musquito 14
Suwannee, Bridge over authorized 49
Suwannee and Santa Fe Rivers.-Resolution concerning
navigation of 74, 75
State Government, convention for 15
St. Andrews College in West Florida, Trustees of
incorporated 39
Sands J. J. act for relief of 68
Sixteenth Sections, resolution concerning 77
Statutes of Florida, resolution respecting 86

T
Tropical Plant Company incorporated 42
Rights and Privileges 43
Trustees appointed 44
where Garden located 45
may establish a Lottery 46
Tompkins Daniel D.-Resolution respecting 81




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs