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Title: Acts of the Legislative Council of the Territory of Florida
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Permanent Link: http://ufdc.ufl.edu/UF00073405/00003
 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: 1839
 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: VID00003
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 of 1839
        Page 3
        Page 4
    Acts of the legislative council of the Territory of Florida, passed at the seventeenth session, 1839
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
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        Page 29
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        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
    Resolutions
        Page 59
        Page 60
        Page 61
        Page 62
        Page 63
        Page 64
        Page 65
        Page 66
        Page 67
    Index
        Page i
        Page ii
        Page iii
        Page iv
Full Text



ACTS

OF THE


LEGISLATIVE


COUNCIL


OF THE


TERRITORY OF FLORIDA,


PASSED AT ITS SEVENTEENTH SESSION,


COMMENCING MONDAY, JANUARY. 6, AND ENDING MARCH 4, 1839.



ALSO, THE

RESOLUTIONS

OF A
PUBLIC OR GENERAL CHARACTER
ADOPTED BY THE
LEGISLATIVE COUNCIL.


By Authority.


TALLAHASSEE:
S. S. SIBLEY, PRINTER.
1839.







TITLES OF THE ACTS OF 1889.


1. An act to amend an act entitled an act relating to Crimes and
Misdemeanors; approved February 10th, 1832.
2. An act to authorize the Governor of Florida to raise troops-
for the defence of the Frontier and for other purposes.
3. An act in addition to the Military Laws now in force.
4. An act to amend the several acts now in force in relation to
Elections.
5. An act to amend the several acts, and in addition to the acts
relating to County Courts and for other purposes.
6. An act concerning Tax Collectors and for other purposes.
7. An act in relation to Public Defaulters.
S. An act to raise a fund by taxation for the Education of Poor
Children.
9. An act to alter and fix the terms of the Superior Courts of the
Apalachicola District.
10. An act to alter and fix the terms of the Superior Courts in
the Middle District of Florida.
11. An act to fix the place for holding court in Alachua county.
12. An act concerning the County Site of Hamilton county.
13. An act to provide for building a Capitol and for other pur-
poses.
14. An act to amend an act entitled an act to incorporate the
subscribers to the Union Bank of Florida.
15. An act to incorporate the Bank of Apalachicola.
16. An act to prevent the future exercise of corporate privileges
by certain banking corporations.
17. An act constituting a Board of Wardens, Commissioners of
Pilotage, and Commissioners of Wrecks for the Ports of Jackson-
ville and other places therein provided for.
18. An act to create a body corporate and politic by the name of
the St. Joseph Chamber of Commerce.
19. An act to provide for the appointment of Weighers of Cot-
ton for the city of Tallahasseeand town of St. Marks.
20. An act to authorize the county court of Franklin county to
levy a tax for building a Jail in said county.
21. An act to incorporate the Ocilla Academy in the county of
Jefferson.
22. An act to establish an academy on the Mickasukie Lake in
the coipty of Leon, and to incorporate the Trustees thereof.
23. An act to incorporate the Trustees of the Calhoun Academy
in the county of Madison.
21. An act to authorize the Trustees of the Calhoun academy in
th3 county of Madison to rent the School Lands in said county and
for other purposes.
25. An act to incorporate the Alachua Academy.







(4)
26. An act to incorporate the Trustees of the Presbyterian
Church in Tallahassee.
27. An act to incorporate the Presbyterian Congregation at
Mandarin.
2S. An act to incorporate the Protestant Episcopal Church at
Jacksonville.
29. An act to incorporate St. Paul's Church, Quincy, Florida.
30. An act to incorporate the town of Newnansville.
31. An act to amend an act passed January 31st, 1838, entitled
an act to incorporate the city of Apalachicola.
32. An act to amend the several acts incorporating the town of
Marianna.
33. An act for incorporating the City of St. Joseph.
34. An act to incorporate the City of Pensacola and repeal the
act entitled an act to incorporate the City of Pensacola, and im-
prove the public roads in the neighborhood thereof, approved Feb.
15th, 1833.
35. An act supplemental to the act incorporating the Lafayette
Salt Company at Key West.
36. An act to amend an act to incorporate the St. Andrews and
Chipola Canal Company.
37. An act to amend the several acts to incorporate the Lake
Wimico and St. Joseph Canal and Rail Road Company.
38. An act to authorize the Brunswick and Florida Rail Road
Company to extend their improvements into the Territory of Florida.
39. An act to authorize Simeon Driggers to establish a ferry over
the Withlacoochee river in the county of Madison.
40. An act to authorize David Platt to establish a ferry near the
junction of the Suwannee and Withlacoochee rivers in the county
of Madison.
41. An act to establish a ferry across the Choctawhatchie river.
42. An act to authorize James M. Harris to build a dam and
lock across the bt. Marks river.
43. An act for the relief of Esther Sparkman.
44. An act for the relief of Christopher H. Edwards.
45. An act for the relief of Christopher Fletcher.
46. An act for the relief of George Walker.
47. An act for the relief of Major Charles Mapes.
48. An act for the relief of William Kelley.
49. An act for the relief of William C. Smith.






A C TS

OF THE

LEGISLATIVE COUNCIL

OP THE

TERRITORY OF FLORIDA.
$ -

RICHARD K. CALL, Governor of Florida.
JOHN P. DUVAL, Secretary.
JOHN WARREN, President of the Senate.
J. S. ROBINSON, Chief Clerk.
E. L. DRAKE, Speaker of the House of Representatives.
JOS. B. LANCASTER, Chief Clerk.

----ddSae----

No. .-AN ACT to amend an act entitled an act relating to Crimes and
Misdemeanors, approved February 10th,;l 82.

Sec. 1. Be ;t enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That if any person, by him-
self or herself, servant or other agent, shall keep, have, exer- Gaming table,
cise or maintain a gaming table or room, or.any house, booth, shall o be kept
tent, shelter, or other place for the purpose of gaming, or in
any place of which he or she may have the charge, control, or
management, procure, suffer, or permit any person or persons T p for
to play for money or other valuable thing or things, or to bet ney.
or wager on such as may play for money or other valuable
thing or things, at any game whatsoever, he she or they so of-
fending may be indicted, and on conviction, shall pay a fine
not exceeding two thousand dollars, nor less than two hundred r penalty.
dollars, and be imprisoned not more than six months, nor less
than thirty days, at the discretion of the court.
Sec. 2. Be it further enacted, That if any person or per-
sons shall play and bet at any gaming table or in any gambling Bettingprobibi-
house, booth, tent, or shelter, at any game at cards, dice, or
checks, or with any other instrument, article or articles, thing
or things, whatsoever, for the purpose of winning or losing, he
she or they so offending may be indicted, and on conviction,
shall be fined in a sum not exceeding fifteen hundred dollars, renaly.
-nor less than two hundred dollars, and be imprisoned not ex-







(6)
ceeding six months nor less than thirty days, at the discretion
of the court.
Sec. 3.- Be it further enacted, That in addition. to the com-
Compensation to pensation now allowed by law, the District Attorney, prosecu-
Dis. Attorney. ting any offence under either of the two preceding sections,
shall for every conviction receive the sum of twenty-five dol-
lars, to he taxed in the bill of costs against the defendant : pro-
vided, that in case of inability of tlh defendant to pay the said
Provio twenty-five dollars, the said Territory shall not be liable for the
same.
Sec. 4. Be it further enacted, That the forty-fifth and forty-
sixth sections of an act to which this is an amendment, be and
Bsetions of act
repealed, the same are hereby repealed : provided, however, that all of-
fences heretofore committed against the provisions of the said
section, or either of them, shall be prosecuted and punished as
if the same were in full force and effect.
Sec. 5. Be it further -enacted, That no evidence given by
Evidence. any witness in relation to violations of this act shall be used or
given in evidence against such witnesses.
Sec. 6. Be it further enacted, That it shall be the duty of
special chargeto the Judge of the superior courts of the Territory to give this
Jurors. act in special charge to the grand jurors of the several counties
of this Territorv.
Approved Feb. 27, 1839.




No. 2.-AN ACT to authorize the Governor of Florida to raise troops for
the defence oirthe frontier and ifr other purposes.

Sec. 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the Governor be,
rnortU aucceth and he is here3 authorized to accept twelve companies of vo-
volunteers. lunteers of which such a portion shall be mounted men as he in
his discretion shall order, and shall be under his command, and
stationed and ordered wheresoever in the Territory he may
think expedient and proper, so as to ensure the defence of the
frontier; and as soon as the said force is organized or r.uch
Soranized part of the said corps as may be first ready for service, the Go-
vernor shall request the commanding officer of the United
States Army in Florida, to receive and muster the said corps
into the service of the United States, and if such commanding
officer of the United States refuse to accept the service of thi
said twelve companies or any part of them, then the Governor
Companies to be shall have the said companies mustered into the service of the








Territory by such officer as he may appoint for that purpose, ,'t,',ed for "
for the term of twelve months unless sooner discharged by the
order of the Governor, and the said corps shall receive the
same pay, rations, and forage as the United States now allow Pay and rations.
to her mounted men or infantry.
Sec. 2. Be it further enacted, That each company shall have officers.
one Captain, one first and second Lieutenant, four sergeants,
four corporals, and fifty privates.
Sec. 3. Be it further enacted, That the Governor shall detail
or appoint such field officers as may ba necessary to command Fieldofficers.
said troops, and all the Captains and commissioned officers
in the said corps; the Captains of the several companies shall
appoint their non-commissioned officers.
bec. 4. Be it further enacted, That the Governor be, and he
is hereby authorized, if the commanding officer of the United G"to bo'
States troops in Florida refuse to accept the services of said corn- money.
panies or any part thereof, to borrow on the faith and guarantee
of the Territory of Florida, not exceeding five hundred thou-
sand dollars to pay the said troops or such of them as may not
be taken into the service of the United States, for not less than
ten years, at an interest not exceeding eight per cent. per annum, To b paid mi-
conditioned to pay the interest semi-annually on said loan, at annually.
such time and place as may be agreed upon, and also reserving
the right to the Territory to repay-the said loan at any period
within the said ten years; and the Governor may borrow the
said sum from any bank or banks in this Territory, or from any
banking or other corporation in the United States, or fi-om any
person or persons, from whom the said loan or loans may be
obtained; and the Governor is further authorized to issue the londs to be i
bonds of the Territory for the amount borrowed, in sums ofsued.
one thousand dollars each, or in any other amount that may be
deemed advisable, either in pounds sterling or dollars, under
the seal of the said Territory, signed by the Governor and
countersigned by the Secretary of the Territory, which shall
be delivered to the party or parties from whom the said loan or
loans may be obtained, and the said bonds may be assigned by osd maybeas
the holder or holders on the back of said bonds and the as-
signee of the same, shall be entitled to all the rights and advan-
tages arising under said bonds as if the same had been origi-
nally issued to each bona fide assignee.
Sec. 5. Be it further enacted, That the Governor be, and he
is hereby authorized to direct the payment of the interest from ntedeot o 'er
the Territorial Treasury upon the bonds hereby authorized, torl Treasury.
to be issued, and to cause the same to be remitted when it shall
become due and payable.








Sec. 6. Be it further enacted, That the Governor be, and
commissionerss he is hereby empowered to appoint one or more commissioners
to be appointed. to negotiate said loan should he deem it advisable so to do, and
to allow the commissioner or commissioners such compensation
as he may deem reasonable.
Sec. 7. Be it further enacted, That if Congress shall make
provision at its present session for the protection of the frontier,
Proviso. this act shall not be carried into effect, provided the Governor
shall deem such protection adequate to the security of the citi-
zens of the frontier.
Sec. 8. Be it further enacted, That the officers commanding
Duty ofoffcers, said corps shall report directly to the Governor and shall receive
and execute his orders.
Sec. 9. Be it further enacted, That the said troops shall be
Rules and arti- governed by the rules and articles of war and the regulations
ties of war to go.
vern troops. of the army ofthe United States, and any commissioned officer,
non-commissioned officer, or private of said corps who shall be
guilty of any act of insubordination, neglect of duty, disobedi-
ence uf orders, or other infractions of the rules and articles of
war, if convicted thereof by a court martial, shall be deprived
of his pay and emoluments in addition to other punishment im-
posed by the said articles of war for such offence.
Sec. 10. Be it further enacted, That this act shall be in force
from and after the passage thereof.
Approved March 2, 1839.


No. 3.-AN ACT in addition to the Military Laws now in force.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
Govornorautho. cil of the Territory of Florida, That the Governor be autho-
rized to enforce rized to call into service by draft or otherwise, from time to time,
.such number of the militia of the Territory as he may deem ne-
cessary for the safety and protection of the country.
Sec. 2. Be it further enacted, That the Governor be autho-
rized to issue orders to the Brigadier Generals, Colonels, or
Officers to be other inferior officers, for the number of men required from their
Court Martialed commands respectively, and should the officer fail to furnish
for neglect ofdu-
ty,,c. the number required, or to account satisfactorily to the Gover-
nor for such failure, he shall be immediately arrested and shall
be tried by a court martial, after receiving three days notice;
said court to consist of any number of officers from three to
seven, one at least of whom shall be of equal rank with the of-
ficer ou trial, and if found guilty of disobedience of orders shall






(9)
be cashiered and fined in a sum of not less than two hundred Fine,
and fifty dollars, or more than one thousand dollars.
Sec. 3. Be it further enacted, That, in the event of any offi- Governor auto.
cer failing to raise the number of men required from his cor- cer tobold dat.
mand, the Governor be, and he is hereby authorized to detail
any officer in commission, either in the service of the staff or
line, or to appoint an officer to draft and produce the men;. and
said officer so detailed or appointed shall have access to all the
rolls and papers belonging to the command from which the
men are ordered, and on failure of the officer to furnish said
roll and papers he may be punished in the same manner and to Pinisiment for
refusal to furnish
the same extent as is provided in the second section of this bill, roil anj papor.
and the officer detailed or appointed may proceed forthwith to
draft from said command the number of men required; in mak-
ing'such drafts however, reference is to be had, as near as the
urgency of the case will permit, to the service before rendered
lby the different men of the command, so as to make the service
required fall as equally as possible, consistent with the immedi-
ate execution of the order.
Sec. 4. Be it further enacted, That the officer drafting the
men be fully authorized to use any degree of force necessary Force may be
to compel their immediate attendance, and may order any part obedience to
of his command to arrest and bring forward the drafted men ifdratt"
necessary, and any member of the command ordered, refusing
to obey such order, shall be made immediately to perform such
service, for which the other men were drafted or detailed.
Sec. 5. Be it further enacted, That if any drafted or detail-
ed man shall fail to report himself for duty after being ordered
to do so, or shall absent himself to avoid doing so, it is made
the duty of the officer drafting or detailing such men, and ofPenalty for ab.
every other officer in commission, to have him arrested, and to dra ft.
detail the necessary number of men for that purpose, and when
he is produced, it i made the duty of the officer to whose com-
mand he is ordered to be attached, to organize a court of not
less than two, or more than five officers to ascertain immediate-
Iv if he did refuse to obey said draft or absent himself to avoid
the same, and if found guilty he shall be compelled to perform
double the service for which he was drafted, and may otherwise
be punished in the discretion of the court not extending to life
or limb.
Sec. 6. Be it further enacted, That if any company, bat-
talion, ar regiment be without officers, the Governor be autho- Governor may
rized to appoint or detail an officer to perform the service of
drafting, as is before provided for.
Sec. 7. Be it further enacted, That the troops, officers, and
B







( 10 )

oAr~'eri of r" mnen raised as aforesaid, shall be subject to the same.govern-
ment, rules, orders, and regulations as are adopted for the go-
vernment of the United States Army.
Sec. 8. Be it farther enacted, That the Governor be autho-
Governor may rized to raise any sum of money not exceeding $100,000, by
borrow money. issuing bonds or otherwise, pledging the faith of the Territory
for the repayment thereof, payable at such times and places as
he may-think proper, and at such rate of interest as he may
think proper, not exceeding eight per cent. per annum, to be
expended in provisioning the troops to be raised as aforesaid.
Sec. 9. Be it further enacted, That if any Captain or other
Penalty for ne- officer in command of a company, shall neglect to muster his
itiropuster company at the times designated by law, for company musters,
he shall for each neglect be subject to a fine of one hundred
dollars, and to be cashiered at the discretion of a court martial.
Sec. 10. Be it further enacted, That aliens are hereby de-
Aliens. dared to be subject to perform the same service under the mili-
tary laws of this Territory, as is required of citizens.
Approved March 4,1839.




No. 4.-AN ACT to amend the several acts now in force in Relation to
Elections.

Sec. 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That every free white
Persona entitled male person, of the age of twenty-one years and upwards, and
to vote for Deie. who shall be at the time of offering to vote a citizen of the
gaUnited States, and who shall have resided, or -had his habita-
tion, domicil, home, and place of permanent abode in the Ter-
ritory of Florida, for one year next preceding the election of
Delegate to Congress, shalkbe entitled to vote at any place or
precinct within the Territory for Delegate to Congress.
Sec. 2. Be it further enacted, That every person qualified
as provided for in the first section of this act, who shall have
resided or had his habitation, domicil, home, and place of per-
manent abode in the Territory of Florida, for one year next
preceding the election of any Senator to the Legislative Coun-
ror senator cil, and who shall have resided, had his habitation, domicil,
home, or place of permanent abode within the Senatorial dis-
trict for which a Senator or Senators are to be elected, for six
months next preceding the election of such Senator or Sena-
tors, shall be entitled to vote at any place or precinct within
the said Senatorial district for such Senator or Senators.






( 11 )
Sec. 3. Be it further enaeted, That any such person who
shall have resided or had his habitation, domicil, home, and
place of permanent abode in the Territory .of Florida, for one
year next preceding the election of any member of the House
of Representatives, or of any county officer, and who shall have
resided, or had his habitation, domicil,- home, and place of For Represent
permanent abode within the county for which such representa- Officer.
tive or county officer is to be elected, for six months next pre-
ceding the election of such representative or county officer,
shall be entitled to vote at any place or precinct in said county
for such representative or representatives, or for such county
officers.
Sec. 4. Be it further enacted, That when any person shall
claim a right.to vote on the ground of his being a naturalized
citizen, it shall be the duty of the-inspectors of the elections to
'require his certificate of naturalization to be exhibited, or a Whoexempted.
certificate copy of the same, and no officer, soldier, seaman, or
marine, in the regular army or navy of the United States, or of
the revenue cutter service, in actual service, shall be entitled to
vat any election in this Territory.
";f 5. Be it further enacted, That it shall be the duty of
thelpectors of every election, within ten days after such elec- Des of" ns"pe.
tion, to sign and deposit in the office of the clerk of the county
court of thigcounty in which said election is held, the poll-book
of said election; and the said inspectors shall within twenty days
after the election make a certificate of the result thereof, and
transmit the same in triplicate to the Governor of this Territory
by the first mail thereafter or otherwise.
Sect'6. Be it further enacted, That the poll-books of the Poll books.
said election so deposited in the clerk's office, shall be by him
safely kept as public records, and he shall furnish copies thereof
to any person deswjing them, upon payment of his legal fees.
Sec. 7. Be it further enacted, hihat this act shall take effect
from and after the first day of June next.
Sec. 8. Be it further enacted, That all laws or parts of laws Repealingelause
which conflict with the provisions of this act be and the same
are hereby repealed.
Approved 4th March, 1839.


No. 5.-AN ACT to amend the several acts, and in addition to the acts re-
lating to County Courts, and for other purposes.

Sec. 1." Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the first term of the Coun-







( 12 )
St. Johncounty. ty Court of St. Johns countyis hereby declared to be the term
commencing on the first Monday of June annually.
Sec. 2. Be it further enacted, That so much of the several
acts to which this is an amendment, as requires the vouchers of
Repealingcause executors, administrators or guardians to be recorded, be and
the same is hereby repealed.
Approved March 4, 1839.



No. 6.-AN ACT concerning Tax Collectors, and for other purposes.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
point Tax cil ofthe Territory of Florida, That the Governorshall annually
lector. by and with the advice and consent of the Legislative Council
appoint a tax collector for each county in the Territory, who,
before entering upon the duties of the said office, shall enter in-
to bond with at least two good and sufficient securities in the
ond toudgeof sums hereinafter mentioned, to be approved by the Ju.e, f the
county court. county court, of the county for which the said collec- tfbe
appointed, and shall take an oath or affirmation fatl ufl] to
discharge the duties of the said office.
Sec. 2f Be it further enacted, That the bonds of the said tax
on were as. collectors shall be made payable to the Territoli of Florida,
and deposited in the office of the Treasurer of the Territory,
after having been first duly recorded in the office of the clerk of
the county in which the tax collector resides; the said bond to
condition or be conditioned for the true and faithful payment of all sums that
bond. may come into the hands of the tax collector into the Territori-
al Treasury, and the Treasury of the counties respectively, at
the time and in the manner now prescribed by law, and gene-
rally to well and truly discharge the dutieovf their said offices.
Sec. 3. Be it further enaced, That the bonds of the tax col-
lectors for the counties of St. Johns, Duval, Jefferson, Leon,
Gadsden, Jackson, Franklin, Calhoun, and Escambia, shall be
Amountotboad. taken in the sum of five-thousand dollars each, and for each of
the other counties in the Territory in the sum of two thousand
dollars.
Sec. 4. Be it further enacted, That it shall be the duty of the
Judge to appoint Judge of the county court of each county, to appoint, on or be-
Assessor.
fore the lirst Monday of April in each and every year, or as
soon thereafter as possible, in each Justice's district, a Justice of
the Peace to receive and take a list of the taxable property of
the inhabitants of the district, which Justice of the Peace shall
forthwith select some public place in his district and give public







( 13 )
notice thereof, that he will onrthe'fourthJ~Ionday of April, and Duty ofAs essor
for theTour following days, proceed to receive from the inhabi-
tants of said district a list of their taxable property in writing,
which list shall be sworn to by the person giving it, and in case
any person shall make a false return to the said Justice of the
Peace, they shall be liable and subject to indictment, and upon falseet.
conviction shall be subject to all the pains and penaltiesofperjury.
Sec. 5. Be it further enacted, That immediately after the ex-
piration of the four days following the fourth Monday of April
in every year, the said Austices* fthe Peace shall hand to the Justices sal re-
clrk of the county court* the lists so taken by them, the said '"ounty'~lerk.
Justices, whose duty it shall be forthwith to condense them in-
to one general tax list, and make three copies thereof, one to
be delivered to the tax collector by the said clerk, who shall
take the receipt in duplicate therefore; one copy to be forwarded Clerk's duty.
%,the Auditor of the Territory together with the receiptofthe
tax collector, and the other to remain in the office of the county
court.
SeQ. Be it further enacted, That the tax collectors shall
be% ,ed twelve per centum from the amount of their respec- coeerto0' ees.
tive i ts, at the time of settlement of their accounts; but in
case lure to pay over to the proper officers at the time re-
quired by law, such defaulting tax colector shall not b1e allowed
,'co sa no Ir a c, i r Penalty for ne-
to charge any commission, and the bond of the said tax collec- glectofduty.
tor shall thereby become o(rfeited, and proceedings forthwith in-
stituted to recover the amount in the manner now prescribed by
law.
Sec. 7. Be it further enacted, That the said Justices ot
the Peace shall be allowed three dollars each, per day, for the Justices'
four days they are engaged in receiving the list ot taxable pro-
perty, and the clerks of the county courts shall be allowed to
charge the same fees for making out'fte lists of taxable proper- Clerks fees
ty, as are or may be allowed for recording of deeds, the com-
persation of the said Justices and clerks to be paid out of the
Territorial Treasury.
Sec. 8. Be it further enacted, That in addition to the taxes
now required, there shall be assessed for the present year the Rate of Asse
meant on lands
following: on every acre of first-rate land half a cent; on every slaves, iec.
acre of second-rate land, one-quarter of f cent; on every acre
of third-rate land, one-eighth of a cent; on all lots within the
limits of any town, village, or city, in this Territory, five cents
on the $100 valuation thereof, exclusive of the improvements
thereof* on every slave over the age of fifteen years, fifty cents;
on eviy free male of colour, over the age of twenty-one years,







( 14 )
Free negroe.. and under the age of sixty years, ten dollars; on all four wheel-
ed pleasure carriages, two dollars.
Sec. 9. Be it further enacted, That whenever any district
Judges of adjoin- shall be without a Justice of the Peace, the Judge of the county
b 'ap itedi a court shall appoint a Justice from the next adjoining district to
take the lists of taxable property, as provided for in the fourth
section hereof.
Sec. 10. Be it further enacted, That the Auditor and Trea-
Auditor 4-Trea. surer make returns of the state of the Treasury to the Gover-
ti"r',s to :"e a. nor, ten days before the meeting of the Legislative Council, to
be by him submitted to the Council, and the said Auditor and
Treasurer shall, whenever the Governor may require, make
return to him of the state of the Treasury, and shall generally
be under his control and supervision.
Sec. 11. Be it further enacted, That from and after the pas-
Penalty for ne sage of this act, if any tax collector or auctioneer, in any couff-
glectofduty. ty of this Territory, shallffail or refuse to pay over any money
by him collected for taxes, or shall have failed to collect the
taxes in his county, or have failed to take ,all tegl means to
collect and recover the taxes due by defaulters in nty,
Security liable. any such tax collector, auctioneer, and security shi t t and
pay to the Territory the penalty of the bond given etax
collector or auctioneer for the performance of the dnAe iof his
office; and it shall be thl duty of the Auditor, immediately af-
Duty of Auditor, ter the passageof this act, on pain of forfeiture of his office, or
failure to comply with the requisitions of this act by any tax
collector or auctioneer, to institute suit immediately and prose-
cute the same tojudgement in any court of competentjurisdic-
tion in this Territory.
Sec. 12. Be it further enacted, That if any person shall fail
Penalty for ne. or omit to give in his or her list of taxable property at the time
fists""". required by law, such person so failing jll be liable to pay
double taxes unless it s~labe made to appear to the judge of
the county court that such neglect or omission was caused by
circumstances beyond the control of the person or persdhs so
failing to return their lists of taxable property.
Sec. 13. Be it further enacted, That the office of assessor of
Actsrepealed. taxes in the several counties in this Territory be, and the same
is hereby abolished, and all laws or parts of laws heretofore en-
acted in this Territory, which in a~y way may conflict with the
provisions of this act be, and they are hereby repealed.
Sec. 14. Be it further enacted, That no defaulter to the Ter-
or Defaulter,. ritory shall be re-appointed untt after he has paid over all mo-
nies in his hands due the said Territory.
Approved March 4, 1839.






( 15 )
No. 7.-AN ACT in relation to Public Defaulters.

Sec. 1. Be0it enacted by the Governor and Legislative
Council of the Territory of Florida, That if any tax receiver, an Auclioneerc
auctioneer, or other receiver of public monies, shall refuse or
neglect to pay the monies so received into the Territorial Trea-
sury, at the times and under the regulations prescribed by law,
the persons so refilsing or neglecting shall be deemed and held
to be a public defaulter, and guilty of a misdemeanor, and lia-
ble to indictment and trial before any court of competent juris- Pena," for ne-
diction, and upon conviction shall be fined in a sum of not less ofduty.
than one hundred or mol than one thousand dollars, and im-
prisoned for a term of not less than one or more than six months,
at the discretion of the court.
Sec. 2. Be it further enacted, That if any person charged Assessor.
with the assessment of taxes shall refuse or neglect to make due
return the&eof, as may be prescribed by law, the person so re- entv o~ r n-.
fusing or neglecting, shall be deenied and held to be guilty of
a misdemeanor and upon conviction thereof shall-be liable to
the penal s prescribed in the first section of this act.
e it further enacted, That it any officer, who is now omicer, in ar.
in to the Treasury of this Territory, shall refusewor ne- rears to settle.
gle ttle his account on or before the first day of July next,
he rS subjected to the same pains and penalties as're pre-
scribed in "he first section of this act#
Sec. 4. Be it further enacted, That it shall be the duty of
the Auditor of public accounts to report to the District Attor- Attorney to pc
ney of the respective districts, the names of'the delinquents un- "ecute.
der this act, so soon as the said delinquencies shall occur; and
it is hereby made the duty of the said DistrictAttornies to pro-
teed forthwith against the said delinquents according to the
provisions of this act.
Sec. 5. Be it fudier enacted, Thatno conviction or forfei-
ture under this act shall be pleaded n bar to, or avoidance of
any bond which may have been given by any officer for the
faithful performance of the duties of his office.
Approved March 4, 1839.




No. 8.-AN ACT to raise a fund by taxation for the education of Poor Chil-
dren.

Sec. 1. Be itenacted by the Governor and LegislativeCoun-
cil of the Territory of Florida, That out of the Territorial tax







( 16 )
Two percent of and auction duties hereafter assessed, collected, or received in
be paid tocounty this Territory, two per centum of the amount so collected shall
treasurer. be retained and paid over by the tax collector or auctioneers
respectively, as the case may be. of each of the counties of this
Territory, to the county Treasurer in and for the county in
which such tax shall have been collected.
Sec. 2. Be it further enacted, That the sum so paid over to
Fund for Euca- and received by the county Treasurer shall be set apart and
tion. constitute a fund for the education of poor orphan children of
the county to which the funds belong.
Sec. 3. Be it further enacted, That it shall be the duty of
the assessors of taxes in each of the counties of this Territory,
Ake^",r ofh' to take annually, while assessing the taxes, a list of all poor or-
phans. phan children residing within the county, together with the name,
age, and sex, of each respectively, and whether the father and
mother both be dead, or only one; if that one be the mother,
then to file in the county court a list for the information of the
county.
Sec. 4. Be it further enacted, That the county court, at least
ehail appropriate two-thirds of the magistrates sitting, shall be, and is bireby in-
the fund. vested with the power and charged with the duty of topri-
ating annually the said funds, or such part thereof, a' ., or
a majority of them, may deem necessary, for the seli og of
the poor orphans of their county, having a reasonable egarrdas
near as may be, to an eqtaLdistribution among all the poor or-
phans brought to the notice of-the court in the manner in this
act pointed out, and having also a due regard to the most eco-
nomical disbursement of the funds.
Sec. 5. Be it further enacted, That should there be any er-
Court ray cur ror.in the list of orphans returned to the court, itshall be law-
ful for any person to suggest such error or errors, whether of
augmentation or diminution, to the court, who may proceed to
hear evidence and regist, such as have bAla omitted, or strike
off such as are not entitled to admission.
Approved March 2, 1839.



No. 9.-AN ACT to alter and fix the terms of the Superior Courts of the
Apalachicola District.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
Trrmi ofcourt. il of the Territory of Florida, That the terms of the Superior
courts in the several counties of the Apalaclicola District shall
be as follows, in each and every year ;






(P17 )
Spring Term-in the county of Washington, first Monday in
March; in th county of Jackson, second Monday in March: spring Term.
in the county of Franklin, fourth Mqnday in March; in the
county of Calhoan, second M$iday after the fourth Monday in
March.
Fall Term-in the county of Washington, last Monday in raunTerm.
September; in the county of Jackson, first Monday in October;
in the county of Calhoun, third Monday in October. in the
county of Franklin, first Monday in December.
ec. 2. Be it further enacted, That this act shall take effect
from and after the first of July, 1839.
Approved March 4, 1839.


No. 10.-AN ACT to alter and fix the terms of the Superior Courts in the
Middle District of#lorida.

*Sec. 1. Be it enacted bythe Govelpor and Legilative Coun-
cil of t erritory of Florida, That the terms of the Superi-
or s of the several counties of the Middle District of Flo-
rida, sh be as follows, in each and every year ,
Sp Term-in the county bf Hamilton, first Monday in Spring Term.
April ; in the county of Madison, second Monday in April; in
the county of Jefferson, third Mondapin April; in the county
of Leon, fourth Monday in April; in the county of Gadsden,
second Monday alter fourth Monday in April.
Fall Term-in the county of Hamilton, third Monday in rally Tcrn
October; in the county of Madison, fourth Monday in Octo-
ber; in the county of Jefferson, first Monday4n November; in
the county of Leon, second Monday in November; in the
county of Gadsden, fourth Monday in November.
Sec. 2. Be it fur4i enacted ThathAbis act shall be in fokt
from and after the first of July, 1839.
Approved March 4, i839.


No. 11.-AN ACT to fix the place of holding Court for Alachna Counly;
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the passage county site,
of this act, the town of Newnansville, in the county ofAlachua,
shall be, and is hereby declare to be the site for holding the
county and Superior courts in and for the said county.
Sec. 2. Be it further enacted, That the act passed on the
C






( 18 )
Act repealed. 26th of *January, 1836, entitled "An act to fix the place 'of
holding the Supericoaand county courts, in and for the county
ofAlachua," and all other acts and parts of acts, now. in force,
so far as the same relate to filing the county site of Alachua
county, be, and the same are hereby repealed.
Approved February 25, 1839.



No. 12.-AN ACT concerning the County site, of Hamilton County.
Sec. 1. Be itenacted by the Governor and Legislative Coun-
commissioners cil of the Territory of Florida, That the commissioners elected
to select county in Hamilton county, pursuant to the act to which this is an
ite. amendment, for the purpose of selecting the most eligible situa-
tion for the county site of said county, shall convene at the
house of William Huntern said county, on the eighteenth day
of March next, and proce d to select the most eligible situation
for the county site of saifcounty.
Sec. 2. Be it further enacted, That the said commissioners
shall e authorized to contract for forty acres of land, at such
trefor.ctract place as they may select foraaid county site, and "lkr they
shall have secured said land by feb simple title, they'shfil make
proclamation thereof, i any newspaper printed nearest the
said county, and also byewritten notices posted up in one or
more public places in the said county, and the place so selected
and purchased, shall then be the permanent county site of said
county, and the county court shalF proceed to erect public
buildings thereon, in conformity to the act to which this is an
amendment.
Sec. 3. Be it further enacted, That so much of the act to
Repealing tame1ich this is an amendment, as is inconsistent with this act, be
repealed, and no more.
Approved February 28, 1839.



No. 13.-AN ACT to provide for building a Capitol and for other purposes,
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the Governor be, and he
Governor may is hereby authorized and empowered to appoint a fit and pro-
locate land. per person as agent to locate a quarter section of land, for the
use of this Territory, in the most advantageous situation, to
supply the place of the quarter section o' land which the Go-







( 19 3

Ivernor of this Territory, under an act of Congress, reserved
from sale, in the year. 1825, for-the purpose ofalying th ro- Lands sold for
ceeds arising from the sale thereof, to theerection of th etlic erection of pub
buildings in the city of Talla~assee ;* and which said~ buldins
section adjoining the city of Tallahassee on thb East side, a "
was included in the township of land afterwards granted by
Congress to General Lafayette, and on the report of the loca-
tion of a quarter section of land under the advice and authori-
ty of the Governor, said agent shall be allowed a fairand rea-
sonable compensation for his services, to be fixed by law.
Sec. 2. Be it further enacted, That all the quarter sections of
land, granted by Congress to the Territory of Florida, for the o be sol lands
erection of the public buildings at Tallahassee, that have not
been sold for that object, or such part of each as yet remains un-
sold, and are within the north-east and north-west quarters of
sections thirty-six, in township 1; range 1, north and west, the
north-east, south-west, and south-gast quarters of section 1,
range 1, south and west, and the south-west quaVer of section
6, in township 1, range 1, south an* west, shall be laid off in
lots of from one to ten acres each, by the commissioner of the
city of Tallahassee, in such manner as may be appointed by the
Governor, and as soon as a fair plat or survey of said ets shall
have een made by the surveyor, and returned to the commis-
sioner, he shall lay the same before the Governor for his ap- iionr
proval, who may direct the commissioner to advertise the said hall adveiirte.
lots for sale, in'three newspapers of this Territory, one of which
shall be printed in Tallahassee, at least thirty days before the
day of sale, and the said lots shall be sold at public auction to
the highest bidders ; one-fourth of the purchase money to be Terms of sale.
paid in cash at the time of the sale ; one-fourth in 120 days
thereafter; one-fourth in nine months thereafter; and the re-
maining fourth in twelve months thereafter.
Sec. 3. Be it fadher enacted, That the said commissioner
shall take notes negotiable in the Union Bank of Florida, from What fund may
be received.
the purchasers of said lot or lots, for the three last payments,
with a good and sufficient endorser; and if any purchaser or
purchasers shall fail or refuse to pay and discharge either of said
notes as they respectively become due and payable insaid bank, Forfit for non-
he, she, or they shall forfeit all monies which he, she, or they payment 4-laids
shall have paid, for his, her, or their lot or lots; and the sameresold.
shall be resold in sixty days, and upoh" due notice of thirty
days publication in some newspaper printed in Tallahassee, to
the highest bidder on the same terms as were required in the
original sale.
Sec. 4. Be it further enacted, That no purchaser shall make






( 20 )

any transfer of his interest in any lot or lots he may have pur-
Trnasfers when chasllt at the es as aforesaid,iuntil 'the whole purchase mo-
made. negahall have been paid up, nor shall any conveyance of the
spiIlotbr lots be made by the said commissioner to any person
or persons, until he, she, or they shall pay the whole purchase
money; but the said commissioner shall give his bond to con-
ple whe o-. vey the said lots to the purchaser or purchasers, reciting the
payment made in hand, and the amount of the several payments
to be made thereafter, and the time each shall become due.
Sec. 5. Be it further enacted, That the commissioner is here-
commissionerto by empowered and authorized to contract for the building of
contract forbui- the Capitol, agreeable to such plan as may be approved by the
S Governor, and in all matters relative to the building said Capi-
tol and the payment or disbursement of money, the commis-
sioner shall be under the entire direction of the Governor, who
shall have the control of all monies arising from the sale of
property belonging to the Capitol fund, and also of any appro-
priation heretofore made, or hereafter to be made by Congress
for building a Capitol in this Territory, and the said commis-
sioner shall receive, as full compensation for all services per-
ray of Com'r. formed by him, a sum of one thousand five-hundred dollars per
annui, and all papers, records, &c., shall be paid for by the
purchaser of any property which may be sold by said ccdnmis-
sioner.
Sec. 6. Be it further enacted, That the bond of the commis-
Amountofbond. sioner of the city of Tallahassee shall hereafter be taken in the
sum of fifty-thousand dollars, and that this act shall be in force
from and after the passage thereof.
Approved March 4, 1839.



No. 14.-AN ACT to amend an act entitled an acto Incorporate the Sub-
scribers to the Union Bank of Florida.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That if any stockholder, who
has heretofore or may hereafter obtain a loan upon the pledge
of stock as is contemplated in the twenty-ninth section of the
Forfeiture or act to which this is an amendment, shall neglect to renew or pay
Sock, up his stock note for the space of thirty days after the same shall
have become due, the shares so pledged shall be forfeited to the
Bank, and any premium that may be received from the sale
thereof, shall innure and be addea to the surplus profits of the
Bank.






( 21 )

Sec. 2. Be it further enacted, That it shall be the duty of the
Board of Directors, when any shares maybe fo0eited as afore- Forfeited shares
said, to proceed to sell the same at public outcry, to th gigest to be disposed of
bidder, before the banking house in the cit of..Tallahassee, af-
ter giving ten days notice, by publication in all the papers pub-
lished in Tallahassee, of the time and place of sale, and the pur-
chaser shall within ten days thereafter execute to the Bank the
bonds and mortgages necessary to constitute 1l a stockholder,
and bet subject to the same rules, regulations, and restictions, 'jceh'to .l
and entitled to the same rights, privileges, and immunities as are
guaranteed to an original stockholder: provided that the for-
feiture and sale of shares shall not operate to divest the Bank of
any lien which it may have had on the property of the default- Proviso.
ing stockholder, but the same shall remain bound for the secu-
rity of any debt he may owe the Bank, whether as payer, en-
dorser, or security, until the same shall have been fully satisfied.
Approved March 1, 1839.



No. 15.-AN ACT to Incorporate the Bank of Apalachicola.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That a bank shall be establish-Tame.
ed in the city of Apalachicola, by the name of the Bank of Apa- Capitol Stoi
lachicola, the capital stock thereof shall be five hundred thou-
sand dollars, to be divided into shares of one hundred dollars
each, and that the same may at any time or times, by a vote of
a majority of the stockholders thereof, be increased to any
amount, not exceeding in all two millions of dollars, which in-
creased capital stock shall also be divided into shares of one
hundred dollars each.
Sec. 2. Be it further enacted, That the stockholders of the
said bank, their successors or assignees shall be, and are here-
by made a body politic and corporate by the name and style
aloresaid, and by that name shall be capable in law to have, Corporate privi-
purchase, receive, enjoy, and retain to themselves, and to their leges.
successors, lands, tenements, and hereditaments, goods, chat-
tels, and effects, of any kind whatsoever, to such an amount as
the same may be absolutely necessary to enable the said bank
to pursue the legitimate objects 'of1its incorporation, and the
same to grant, sell, alien, and convey, to sue and be sued, plead,
and be impleaded, answer, and be answered, defend, and be de-
fended in courts of record and elsewhere, and to havi'andmake
a common seal, and the same to break, alter, and renew, at







( 22 )
pleasure, and also to ordain, establish, and put in execution
By-laws for go. such by-laws, ordinances, and regulations as shall seem neces-
v.rnment of in. sary adL expedient for thei government of said corporation, hot
orporation. being contrary to the laws of this Territory, or the constitution
or laws of the United States, and generally to do and perform
such other acts and things as may be necessary for the well-be-
ing of said corporation.
Sec. 3. Be it further enacted, That books of subscription
shall be opened for the purpose of receiving subscriptions to
Booksofsubscrip said stock on the third Monday of February one thousand eight
WeuopinedS k hundred and forty, at Apalachicola, under the superintendence
of Charles S. Tomlinson, Charles Rogers, Nelson Hawley,
John W. Randall, and Chester G. Holmes, any two of whom
shall be competent to perform the duties of their appointment;
who shall keep open said books for the period of sixty days, or
until the stock aforesaid be subscribed for, and shall give certi-
ficates to all persons subscribing, stating the number of shares
subscribed for.
Sec. 4. Be it further enacted, That at the expiration of said
sixty days, or so soon as the stock aforesaid is subscribed for, it
shall be the duty of the said commissioners at Apalachicola to
irectos when give rIftice thereof, and order an election for nine directors of
said company, within three months from the time of opening the
books aforesaid, and the said directors shall serve until the first
Monday in January, 1841, but if all said stocks be not taken,
in case stock is then it shall be lawful for the said commissioners, or any two of
not an taken. them, at any time within one year after the passage of this act,
to give notice thereof by advertisement in one of the newspa-
pers of this Territory, and to keep open their books for tire
term of six months, or until the whole of said stock be subscrib-
ed for, and no longer.
President when Sec. 5. Be it further enacted, That so.soon as the directors
elected, aforesaid shall be chosen they shall at thwr first meeting elect
a President, who must be a director, and said first-chosen direc-
tors shall forthwith have and take the management of the said
corporation, and the duties of the said commissioners shall cease
upon the day of said election, after they slall have paid over to
the said directors the money by them received, as the first instal-
ment, on the stock subscribed for, and placed in the hands of
d before opera. said directors the books of subscription: provided that said
tionscommenced bank shall not commence operations until the sum of one hun-
dred thousand dollars be paid in.
Sec. 6.. Be it further enacted, That upon each share sub-
Instalments. scribed for, there shall be paid, at the time of subscribing, ten
per centum, and twenty per centum before the bank shall com-







( 28 )

mence operations, the residueqto be called in at such time and in
snchportions as the board of directors see proper, and should a Stockmaibefor
stockholder fail to comply with the call of the board AtdIrec- feitul.
tors, when properly notified thereof, he shall forfeit Ins stock
and the sum already paid thereon. "
r Sec. 7. Be it further enacted, That the directors for the time
being shall have peer to appoint such officers, clerks, and Dirp'tor, may
servants as rcy be necessary, and allow thesnsuch compensa-
tion 'or their services as may be reasonable, and shall be tur-
ther capable of exercising such powers and authorities for the
well-ordering of the affairs of the corporation as shall be fixed
by the laws of the same.
Sec. 8. Be it further enacted, That each share shall be re-
presented by one vote, and upon the same principle shall all the May vote by
matters be decided that may come before the stockholders for proxy.
their decision, and any stockholder being absent may, by pow-
er of attorney, authorize any stockholder to vote for him, her,
or them.
See. 9. Be it further enacted, That the election of directors,Elections when
except thiefirst election, shall take place on" the first Monday ofheld.
January, in each and every year, at the banking house of the
corporation: provided however, that should said election not
take place on that day, the said corporation shall not, for that
cause, be deemed to be dissolved, but the directors for the timrn,
being may order such election so soon thereafter as practicable.
Sec. 10% Be it further enacted, That none but a stockholder, who eligible as
citizen of the United States, and of the Territory of Florida. directors.
shall be a director, nor shall any director be entitled to anyA
emolument, but the board may make such compensation to the Compensation.
President for his services as they may think reasonable, and in
case of the death, resignation, or removal of the President, the
directors shall appoint one of their members to fill the vacancy,
who shall hold his office during the remainder of the time for
which his predecesbsr was elected.
Sec. 11. Be it further enacted, That said company shall not
be authorized to issue bills of credit for more than twice the Stockholders lia
amount of capital stock actually paid in, and in case an excess ble.
of issue shall happen, they shall be liable for the same in their
individual capacities ; but this shall not be construed to exempt
the said corporation or the goods, chattels, lands, and tene-
ments thereof, from being also table for, and chargeable with
the excess: provided that any director who was absent, orwho,
if present, enter his dissent to such excess on the minutes of said
corporation, shall be exempted from any liabilities on account
of such excess.







( 24t )

Sec. 12. Be it further enacted, That said corporation shall
Billsofexchange not deal or trade in anything, except bills of exchange and
prom'piry notes, gold a~d silver bullion; neither shall the said
Rate of interest, corporation take more than at the rate of eight per centum per
annum upon its loans.
Sec. 13. Be it further enacted, That the personal, real, and
mixed property of each and every stockhiler shall be pledged
Ptel property and bound in proportion to the amount of shares held by each
in his or her natural, private, and individual capacities, for the
ultimate redemption of said bills, issued by or from said bank,
during the time hd or she may hold such stock, and for six
months after any transfer thereof.
Sec. 14. Be it further enacted, That the said bank shall an-
Tax. nually set apart, from the nett profits, two per centum, as a tax
for the use of the Teriitory, and the said sum so set apart and
appropriated to the use aforesaid, shall be in fill consideration
of the taxes of the stock of said bank, nor shall the stock ofsaid
bank be at any time subject to any other taxation.
Sec. 15. Be it further enacted, That the bills and notes of
Bls howredeem the bank shall be redeemed at the banking house in Apalachi-
cola in gold or silver coin.
Sec.'16. Be it further enacted, That when any mortgage
has been given to said bank to secure the payment of any mo-
Mortgages give ney loaned, it shall not be necessary to renew the mortgage on
as security account of the renewal of said note, but the mortgage original-
ly given shall be valid to secure the property of each renewed
note, so long as such note shall be a part of the original debt.
Sec. 17. Be it further enacted, That the President and
or on cashier of said bank shall make annually, at the commencement
lReport of condh-
tron of bank to of the session ofthe Legislative Council, a report to the Go-
bannual ov. vernor showing the condition of the bank, in which report there
shall be distinctly stated what amount of capital stock has been
paid in, what bills and notes of the bank arrin circulation, what
oilier debts are due by the bank, the amount of bills discount-
ed, and outstanding specie in its vaults, notes of the Bank of the
United States in its possession, notes of all other banks, debts
due it by other banks, and all such other particulars as usually
compose the annual reports of a bank, or may be necessary to
Legislativecoun afford to the Legislative Council correct information of the ac-
cii may appoint tual condition of the bank, and the Legislative Council may
committee to ex-
amineaflairs of annually appoint a committee of its own members to examine
bank. into the state of the bank, to which committee, if desired, shall
be exhibited such books and accounts, and such other informa-
tion as may be deemed calculated to afford correct information
on thematters referred to it: provided always, that this shall







( :25 )
not authorize said committeeao ask or receive any information Individual ac-
as to the state of the account of any individual dealer with the c"unt."
bank. ,k .
Sec. 18. Be it further enacted, That the said hank shall have May estabiisa
power to establish one or more branches or agencies thereof, atbranches.
such times and places as it shall deem advisable, except the
county of Calhoudb
Sec. 19. Be it further enacted, That this corporation shall ermorharter.
continue for twenty-five years, unless sooner dissolved by the
stockholders thereof, but no dissolution or repeal shall ever be
construed to exonerate the fulfilment of existing contracts.
Sec. 20. Be it further enacted. That should the said corpo-
ration ever refuse to pay any of its notes in specie, when lawful Penalty fOrnon-
demand is made on them to do so, any person, having the right aymeent of sp-
to demand or receive the same, shall be entitled to recover at
the rate of twenty per centum per annum, till the said bank shall
tender at its own counter, the amount so demanded, with the
amount that may have accrued thereon, and for such refusal for
one year, its charter shall be forfeited.
Sec. 21.;Be it further enacted, That this act shall be sub. Act may be re-
ject to amendment, alteration, or repeal, by any future Legis- peaced.
lature.
Approved March 4, 1839.



1b. 16 --AN ACT to prevent the future exercise of corporate privileges by
certain BInking Corporations.

Sec. 1, Be it enacted by the Governor and Legislative Coun-
cil of the Territory ot Florida, That the District Attornies of
said Territory, be authorized, and they are hereby required to niesto intitu:ea
institute the requisite legal proceedings, against such banking legal proceedings
incorporations in their respective districts, as may have incurr-
ed forfeitures of their charters, by non-ilser, to prosecute the
same to effect, so that said charters can be declared null and
void by the judgment of the proper courts in said district.
Sec. 2. Be it further enacted, That notice of the institution
of such proceedings, published in some newspaper in the district of insti',ion of
in which any of said incorporations are situated, shall be a shffi- suit.
cient legal notice to such bankifig incorporations : provided,
the same be published for three months before said incorpora-
tion is required to appear and defend.
Sec. 3. Be it further enacted, That for the Initution of
such proceedings, the several District Attornies, who shall in-







( 26 )
stitute the same, shall be entitled to a fee of fifty dollars, and to
Fees forprose'u. the further sum of one hundred dollars, for prosecuting the same
tion. to effect, to be paid out of any money in the Treasury, not
otherwise appropriated.
Sec. 4. Be it further enacted, That notwithstanding the for-
feiture of any charter by the judgment of the court under this
and e sea ue act, the same shall be deemed to exist, andtbe capable of suing
and being sued, as before, as to all rights, credits, liabilities,
duties, responsibilities, or obligations of any kind whatsoever,
existing anterior, or to the rendition of such judgment.
Sec. 5. Be it further enacted, That this act shall be in force
from and after its passage.
Approved March 4, 1839.


No. 17.-AN ACT constituting a Board ofWardens, Commissioners of Pi.
lotage, and Commissioners of Wrecks, f-c. for the Ports of Jacksonville,
and other places'therei. provided for.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the pas-
sage of this act, the Governor by the consent of the Legislative
/ Port Wardens Council of the Territory, be, and he is hereby authorized to ap-
when appointed point three discreet and proper persons, to act as Port War-
dens, at and for the port of Jacksonville, and also three dis-
creet and proper persons, to act as Port Wardens, at and for
the harbor of Tampa Bay, and also three discreet and proper
persons, to act as Port Wardens for the harbor at the mouth
of the Suwannee river.
Sec. 2. Be it further enacted, That the Port Wardens so ap-
pointed, shall hold their offices for the period of two years,
Term of office but in case of vacancy by death, resignation or otherwise, of any
member of said Boards of Port Wardens, so appointed, the
Board shall be, and they are hereby authorized at all times to
fill such vacancy or vacancies by the appointment of such other
proper person or persons, as may be advisable and necessary.
Sec. 3. Be it further enacted, That the said Boards respect-
MsterWarden. ively, shall at their first session appoint one of their own members
to be Master Warden of the port, whose duty it shall be to see
that the by-laws andregulations of the said board, not con-
Duty. flicting with the laws of the United States, or of the Territory
of Florida, are carried into effect, and for that purpose, he is
hereby made and constituted ex-officio, a justice of the peace.
Sec. 4. Be it further enacted, That the said wardens, before
entering on the duties of their office, Ghall severally make







( 27 )
oath in writing, before the Clerk of the county, to discharge
their duties as Port Wardens, faithfully, diligenttly, arid impar- Shallmakeoath.
lially, without fear, favor, or affection, to the best of their skill
and ability.
Sec. 5. Be it further enacted, That the said boards within
the limits ot their respective ports, shall have power and authori- Proviso.
ty to regulate the gachorage, mooring, and dockage of vessels,
and to do another acts and things generally done and perform-
ed by port wardens ot the commercial cities.
Sec. 6. Be it further enacted, That the said boards, within
the limits of their respective ports, shall constitute a board ofshallicense Pi
commissioners of pilotage, and shall appoint and license such lots.
other persons as may be deemed most fit and proper, to act as
pilots for the ports or harbours aforesaid, respectively, which
persons so licensed shall hold their branches during good be-
havior, and the said boards of commissioners shall require from riot .hll give
said pilots such bond and security, for the faithful performance bondand secunr.
of the duty required of him or then, as the said board of com-'.
missioners shall deem proper, which bonds shall be made paya-
ble to the Governor of the Territory and his successor in office,
and the pilots so appointed shall moreover take and subscribe Oath
an oath or affirmation, well and truly to execute and discharge
all the duties required of him or them as pilots ; and the said
commissioners of pilotage shall have power to establish rates Rates of rilot-
and define rules and regulations for the government of the pi- age
lots, which rates, rules, and regulations shall be officially pro-
mulgated by publishing in any newspaper in the districts, re-
spectively.
Sec. 7. Be it further enacted. That all fees and rates of pi- Pilotagehowcol.
lotage which may become due are hereby made recoverable elected.
before the Master Warden of said port, or before any Justice of
the Peace in this Territory.
Sec. 8. Be it further enacted, That the boards of wardens
and commissioners of pilotage, created under the provisions ofRecordtobekept
this act, shall keep a record of their proceedings, which record
shall be transferred to their successors in office, from time to time.
Sec. 9. Be it further enacted, That the said boards of war-
dens shall, within their respective districts, have and exercise of owrecs.
the duties of commissioners of wrecks, and by virtue thereof
shall have charge ofall wrecked vessels, goods, and other pro-
perty, cast on shore by the dangers of*the sea, subject however
to the control of the owners or their agents, and the said boards, Duties.
acting as commissioners of wrecks or wreck masters, shall have
power and use all exertions to preserve for the use of the owners
or underwriters all wrecked property, and shall follow and ob-







( 28 )
serve the rules and regulations customary in the United States
in similar cases.
Sec. 10. Be it further enacted, That all acts and parts o acts,
Act repealed. giving power to the county courts within which the said ports
or harbours are situated, or to the municipal authorities, to ap-
point pilots and regulate the duties ot the same, be, and the
same are hereby repealed.
Approved February 28, 1839.



No. 18.-AN ACT to create a body corporate and politic by the name of the
St. Joseph Chamber of Commerce.
Whereas a large number of merchants of the city of St.
Joseph have petitioned that a charter be granted them, creating
reamb:e. a chamber of commerce, and have set forth that such an insti-
tution is much required by the mercantile community, as tend-
ing to diminish litigation, and to establish uniform and equita-
ble charges, and considering that the chamber of commerce
may thus tend to the general advantage of the citizens of this
Territory as well as the furtherance of the commercial interest
thereof-
Sec. 1. Be it enacted by the Governor and Legislative Coun-.
cil of the Territory of Florida, That E. J. Hardin, John A.
Deblois, William R. Daffin, George Stewart, George W. Smith,
H. R. Wood, M. L. Cavert, George W. Ufford, Henry Pen-
Corporaion. ny, E. W. Doubleday, R. Herring, P. G. Street, Solon Horn,
N. Heyden, J. L. Smallwood, J. B. Starr, Thomas Bertram,
John Dyckman, William H, Shepard, Marcus Trumble, A.
Thomson, W. W. Street, T. J. Whaley, E. J. Wood, J. A.
Blackwell, J. M. McKinney, J. S. Cantwell, E. B. Fuller,
and John Jenkins, merchants of the city of St. Joseph, their
associates and successors be, and they are hereby declared to
be a body corporate and politic by the name of the St. Joseph
Chamber of Commerce, and are hereby made able and capa-
ble in law, to have, purchase, receive, possess, enjoy, and retain
we1and pri- to them and their successors, lands, rents, tenements, heredita-
ments, goods, chattels, and effects, of whatsoever kind, nature,
and quality, to any amount not exceeding fifty thousand dol-
lars, to sell, grant, demise, alien, or dispose of the same; to sue,
and be sued, plead, and be impleaded, answer, and be answer-
ed, defend, and be defended, in any suit, action, matter, or
thing, depending in any court of law or equity, to make, have,
and use a common seal, the same to alter and renew at pleasure.







( 29 )

and also to ordain, establish, and put in execution such rules
and by-laws as shall be deemed necessary for the government an,,, an by-
of said corporation, not contrary to the constitution or laws oflaws.
the Territory of Florida, or to the constitution or laws of the
United States.
Sec. 2. Be it further enacted, That this act of incorporation
shall take effect from and after its passage, and continue in force
until the Governor and Legislative Council shall change, alter,
amend, or repeal the same.
Approved March 2, 1839.


No. 19.-AN ACT to provide for the appointment of Weighers of Cotton for
the City of Talhahassee and Town e St. Marks.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That there shall be appointed by
and with the advice and consent of the Legislative Council, at Governor to ap
each of the above named places, one fit and competent person point weigers.
to superintend tne weighing with his own scales or balances,
such cotton brought to market in the usual bales or packages,
as he may be required to weigh. He shall hold his office for
the term of three years, subject to removal at any time by a
vote of two-thirds of the Council, and for any cause, and by the May be removed,
Governor, for gross and palpable misconduct. When a vacan-
cy may occur by death, resignation, removal from office or
from the county, it shall be filled by the Governor until the en-
suing session of the Legislative Council.
Sec. 2. Be it further enacted, That every person, so appoint-
ed before entering upon the duties of his office, shall take an Shal take az
oath, to be administered by any Justice of the Peace in the coun- oath.
ty, faithfully and impartially to execute the duties of his office
and make true returns; he shall be in readiness at all times du-
ring business hours to discharge said duties ; he shall have
power to appoint and employ a deputy, who shall also be sworn
to perform his duty, and for whose acts the principal shall be May appoint a
liable. He shall certify the weight in detail, and at the re-
quest of purchaser or seller, the merchantable condition of cot-
ton weighed by him.
Sec. 3. Be it further enacted, That he shall be liable in any
court of competent jurisdiction for malfeasance in office and Penalty for zais
fraud, and on conviction shall be removed from office, and shall conduct.
he liable to damage at the suit of the party aggrieved.
Sec. 4. Be it further enacted, That he shall keep accurate







( 30 )
and well adjusted scales or balances, and accurate weights, and
hallmark bales shall mark with ink and in legible characters on each bale, the
weight thereof, and the initials of his name and'office.
Sec. 5. Be it further enacted, That he shall not permit the
use of hooks or instruments of any kind which may rupture or
Hooks prohibited tear the bale or package while in his charge, under a penalty
of ten dollars for each bale so injured, and be liable in a civil
action to the owner thereof.
Sec. 6. Be it further enacted, That he shall be allowed for
each bale weighed, marked, and certified by him, ten cents, and
compensation. shall not be obliged to deliver the cotton so weighed, marked,
and certified, until the said charge be paid and satisfied.
Sec. 7. Be it further enacted, That this act shall be in force
from and after the passage thereof
Approved March 2, 1839.


No. 20.-AN ACT to authorize the County Court of Franklin County to le-
vy a tax for the building a Jail in said County.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory ofFlorida, That the county ccurt of Frank-
Tax may be le. lin county be, and is hereby authorized for the purpose of build-
Vied. ing a good substantial and safe jail in said county, to assess and
levy such tax on all taxable property situated in said county as
in its discretion it may deem expedient and proper.
Sec. 2. Be it further enacted, That the same officer who may
be collector of the Territorial taxes, at the time of the assess-
Officers dut. ment of the aforesaid tax, shall be qualified and empowered to
collect said tax under the same rules and regulations as said
Territorial taxes are now collected.
Sec. 3. Be it further enacted, That as soon as said tax is as-
County Court sessed or levied as aforesaid, the county court bt said county is
may build. hereby cmpowered and authorized to pursue such steps and
measures as it may deem expedient to carry .the object of this
law into opera tion.
Sec. 4. Be it further enacted, That this act shall be in force
from and after its passage.
Approved March 1, 1839.







( 31 )
No. 21.-AN ACT to Incorporate the Oscilla Academy in the County of Jef-
,erson.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the passage
of this act, that the Academy east of the Oscilla in the county Name.
of Jefferson, shall be known and styled by the name of the Os-
cilla Academy, and that John Bellamy, A. B. Shehee, Loyd
Skannal, William Bailey, Elias Edwards, Abram Bellamy, and
Samuel R. Sessions, and their successors in office, be, and they Corporation
are hereby declared to be a body politic and corporate by the
name and style of the Trustees of the Oscilla Academy, and as
such, shall be capable and liable in law. to sue, and be sued,
plead, and be impleaded, and shall be authorized-to make such
by-laws and regulations as may be necessary for the govern-
ment of said Academy : provided that such by-laws be not re-
pugnant to the laws of this Territory, or the laws or constitu- Powers.
tion of the United States, and for that purpose they may have
and use a common seal, appoint such officers as they may think
proper, and remove the same from office for improper conduct
or neglect of fluty.
Sec. 2. Be it further enacted, That the said trustees shall be,
and are hereby made capable of accepting and being inves ed May receive and
with all manner of property, real and personal, all donations, hold property.
gifts, grants, privileges, and immunities, whatsoever, which may
belong to said institution, or hereafter may be conveyed or trans-
ferred to them, or their successors in office, to have and to hold
the same for the proper use, benefit, and behoof of the said
Academy.
Sec. 3. Be it further enacted, That when any vacancy may vacancy how
happen by death, resignation, or otherwise,of any of the trustees filled.
of said Academy, the survivors, or a majority of said trustees,
shall fill the vacancy in such'manner as shall be pointed out in
the by-laws and regulations of the trustees aforesaid.
Approved February 29, 1839.



No. 22.-AN ACT to establish an Academy on the Mickasnkic Lake in the
County of Leon, and to Incorporate the Trustees thereof.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the pas-
sage of this act, the school now in operation in the neighbor- Name,
hood of the Mickasukie Lake in the county of Leon, shall be
constituted a public Academy by the name and style ot Micka-







( 32 )
suki~ Academy, and that Thomas Reynolds, Theodore Turn-
bul, Augustus Alston, John Cason, John C. Montford, Miles
Blake, Kidder M. Moore, and George E. Dennis, and their
Corporation. successors in office be, and they are hereby declared to be a bo-
dy politic and corporate by the name and style of the trustees of
Mickasukie Academy, and as such, shall.be capable and liable
in law, to sue, and be sued, plead, and be impleaded, and be
authorized to make such by-laws and regulations as may be ne-
cessary for the government of said Academy: provided that
such by-laws be not repugnant to the laws of this Territory, or
Prowe?. the laws or constitution of the United States; and for that pur-
pose they may have and use a common seal, appoint such offi-
cers as they may think proper, and remove the same from office
for improper conduct or neglect of duty.
Sec. 2. Be it further enacted, That the said trustees shall be,
May receiveand and are hereby made capable of accepting and being vested
hold property. ith all manner of property, real and personal, all donations.
gifts, grants, privileges, and immunities whatsoever, which may
become necessary for the use of said Academy, and which may
belong to said institution, or may hereafter be conveyed or trans-
ferred to them or their successors in office, to have and to hold
the same for the proper use, benefit, and behoof of the said
Academy.
Sec. 3. Be it further enacted, That when any vacancy may
happen, by death, resignation, or otherwise, of any of the trus-
Vacancy how tees of said Academy, the survivors, or a majority of said trus-
filled.
tees, shall fill the vacancy, in such manner as shall be pointed
out in the by-laws and regulations of the trustees aforesaid.
Sec. 4. Be it further enacted, That it shall not be lawful for
Spirituous li. any person or persons to retail spirituous liquors, within one mile
wors ashlf not of said Academy, under the penalty of five hundred dollars for
every such ofience, to be recovered by a presentment of the
grand jury of the Superior court for said county, and the fine
when collected, one-halfshall go to the support of said school,
and the other halfto the Territory.
Approved February 25, 1839.


No. 23.-AN ACT to Incorporate the Trustees of the Calhoun Academy in
the County of Madison.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the passage
of this act, the Academy in the town of Madison, in the county






( 33 )
of Madison, shall be known and styled by the name otrhe Cal-
houn Academy, and that Lucius Church, John Miller, S. J. Nam
Perry, Thomas* Livingston, D. B. Ewing, Thomas J. Linton,
S. B. Richardson, M. E. Livingston, and Thomas Anderson,
and their successors in office, be, and they are hereby declared
to be a body politic and corporate by the name and style of the
trustees of the Calhoun Academy, and as such, shall be capa- corporation.
ble and liable in law, to sue, and be sued, plead, and be im-
pleaded, and shall be authorized to make such by-laws and re-
gulations as may be necessary for'the government of said Aca-
demy: provided, that such by-laws be not repugnant to the
laws of this Territory, or the laws and constitution of the Unit- PWMaet
ed States, and for that purpose they may have and use a com-
mon seal, and appoint such officers as they may think proper,
and remove the same from office for improper-coldduct or ne-
glect of duty.
Sec. 2. Be it further enacted, That the said trustees shall be
and are hereby made capable of accepting and being invested
with all manner of property, real and personal, all donations, ay Iou pro.
gifts, grants, Frivileges, and immunities, whatsoever, which p r'
may belong to the said institution, or hereafter may be convey-
ed or transferred to them or their successors in office, to have
and to hold the same, for the proper use, benefit, and behoog.tfi
the said Academy.
Sec. 3. Be it further enacted, That when any vacancylaay vacancy ow
happen, by death, resignation, or otherwise, of any of th trug- ined.
tees of said Academy, the survivors, or a majority of said trus-
tees of said Academy, shall fill the vacancy in such manner as
shall be pointed out by the by-laws and regulations of the trus-
tees aforesaid.
Approved February 23, 1839.


No. 24.-AN ACT to authorize the Trustees of the Calhoun Academy in the
County of Madison to rent the School Lands in said County and. for other
purposes.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the trustees of the Cal-
houn Academy, in the county of Madison, be, and they are an- tu4," to take
thorized to take possession of the school lands within said coun- acoo lands.
ty, to use all proper and lawful remedies for the recovery lthe
same, in case possession should be refused to them ; to ease
the same, from year to year, not exceeding five years, and to
add such stipulations and conditions to each lease, as to them
E







( 34

shall sem .lust and reasonable : provided, however, that no such
rroviso. lease should be construed to prevent the operation of any gene-
ral law, which may be hereafter passed in relation to the school
lands.
Sec. 2. Be it further enacted, That the said trustees are
Mayv receive hereby authorized and empowered to receive such rents and
reent. .profits as may hereafter accrue upon said lands so leased, as
aforesaid, and 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
they are hereby authorized and empowered to demand, sue for,
rEs us. fi" 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 whatso-
ever pretence, claim, or right, the same may have been used and
occupied.
Sec. 4. Be it further enacted, That the trustees be, and they
Monie to be are hereby authorized and empowered, and it shall be their du-
appliedl for the
education of ty, to apply the monies so received as aforesaid, to the educa-
poor children. tion of poor children within the county of Madfion.
Sec. 5. Be it further enacted, That the said trustees, before
Assent of citi. they proceed to take possession of the sixteenth sections hereby
zens necessary. authorized, shall first obtain the assent of the citizens of the
townships respectively, in which said sixteenth sections are lo-
cated.
Sec. G. 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,
Approved March 1, 1839.



No. 95.-AN ACT to Ineorporate the Aiachua Academy.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the pas-
sage of this act, there shall be established at Newnansville, in
an.... East Florida, an Academy to be styled and known bvthe name
of the Alachua Academy, and that Bennett M. Dell, Wiley
Brooks, Cotton Rawles, Jesse Carter, and F. R. Sanchez, and
their successors in office, be, and they are hereby declared to
Corporatioii. be.a body politic and corporate by the name and style of the
trustees of Alachua Academy, and as such, shall be capable
in law, to sue, and be sued, plead, and be impleaded, and shall
be authoriz-d to make such by-laws and regulations as may be








necessary for the government of said Academy: provajd, that
such by-laws be not repugnant to the laws or this Territory, or proviso.
the laws and cq!stitution of the United States, and for that
purpose, may have and use a cgnmon seal, and appoint such
officers as they may think proper; and remove them trom office
at their discretion.
Sec. 2. Be it further enacted, That the said trustees shall be,
and they are hereby made capable of accepting, btving, and RiAhts and rri-
being invested with all'manner of property, real and personal, viges
all donations, gifts, grants, privileges, and immunities, whatso-
ever, which may belong to the said institution, or which may
hereafter be given, granted, conveyed, or transferred to them,
or their successors in office, to have and to hold the same for
the use, behoof, and benefit of the said Academy, forever: pro-
vided, that the amount of real and personal estate shall not ex-
ceed fifty thousand dollars.
Sec. 3. Be it further enacted, That when any vacancy shall
happen or occur among the said board, by death, resignation, iedancy '
or other causes, the vacancy may be filled in such manner as
may be pointed out by the by-laws of the said board of trus-
tees.
Sec. 4. Be it further enacted, That no tax, county, corpo-
rate, or Territorial, shall be levied upon said Academy, or up- Not subject to
on any estate, real, personal, or mixed, belonging to said car-tax
poration.
Sec. 5. Be it further enacted, That this act shalf be suqOt
to repeal, alteration, or modification, by any future Legisfitire
of the Territory or State of Florida.
Approved February 23, 1839.


Noo: 26.-AN ACT to Ineorporate the Trustees of the Presbyterian Church,
in Tallahassee.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territoryeof Florida; That Robert Butler, William
W. Waddell, Jabez B. Bull, David C. Wilson, and Benjamin
F. Whitner, ruling elders of the Presbyterian Church in Tal-
lahassee;jBeir survivors and successors in office, are hereby de-
clared to be a body corporate, under the name and style of the
Perpetual Trustees of the Presbyterian Church in Tallahassee,
and in their corporate name and capacity, shall be liable to take
and hold real or personal estate: provided, the same shall at no
time exceed the sum of fifty thousand dollars, in real estate, and
to dispose of the same for the use of the said Church; and shall income limited







( 36 )
be caiqte of suing, and being sued, at law and in equity, un-
Powers and pi- er the above corporate name and style, and the said corDora-
vileges tion shall have power to make rules and by-laws for its govern-
ment, pursuant to the powers and trusts which have been or
may be conferred upon it by the members, patrons, and consti-
tution of said Church, and in conformity with the laws of the
land.
Sec. 2. Be it further enacted, That the act, passed on the
Actrepealed. thirteenth day of February, in the year of our Lord, one thou-
sand eight hundred and thirty-three, entitled an act to incorpo-
rate the Presbyterian Congregation of Tallahassee, is hereby
repealed.
Approved March 2, 1839.



No. 27,-AN ACT to Incorporate tho Presbyterian Congregation at Man-
darin.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That Alexander W. Crichton,
Oliver'Wood, Andrew D. Wood, Moses Curry, and Joseph E.
lamc. Summerall, and their successors shall be, and are hereby con-
stituted a body politic and corporate, to be known by the name
and style of the trustees of the Presbyterian Church, at Man-
darin, in East Florida, and by that name, shall have all the
powers and privileges which appertain to natural persons, and
which are not herein limited or otherwise directed ; and that
the said trustees and their successors in office, be, and remain
invested with all property, real, personal, and mixed, which is
now, or may hereafter become vested, or belonging or due to
income limited the said Ghurch, not exceeding fifty thousand dollars, to have
and to hold the same, to and for the use and benefit of the said
Presbyterian Church; and the said trustees and their succes-
Powerso sors in office shall be capable of suing and being sued, to im-
tees. plead, and be impleaded, in their corporate name, and of using
all necessary legal measures for recovering any property which
the said Church may claim or demand, and of recovering the
same or any part thereof, with power to make all lawful rules
and regulations necessary for the good government of said
Church.
Tste how Sec. 2. Be it further enacted, That an election for five trus-
tees for said Church shall be held once in each and every year,
by a majority of the white male members of the said Church ;
but should the said election, at any time not be held or made,






( 37 )
then and in that case, the trusteesin office shall remain un eir Term ofofie.
successors shall be elected4A
Approved telguary 8, 1839.


No. 28.-AN ACT to Incorporate the Protestant Episcopal Church at Jack-
sonville.

Sec. 1. BeIt'enacted by the Governor and Legislative Coun-
cil of the Territory of Florida. That William J. Mills, Samuel
L. Burritt, and Robert Biglow, Wardens, and Harrison R.
Blanchard, and such others as were elected Vestrymen of the
Episcopal Congregation at Jacksonville, and their successors C
in office, shall be, and they are hereby declared to be a body
corporate, byethe name and style of the Church Wardens and Na"e.
Vestrymen of St. John's Church, at Jacksonville ; and that the
said Church Wardens and Vestrymen, and their successors in
office, shall be invested with all manner of property, real, per- corportio
sonal, and mixed, including all monies due, or to become due,
donations, gifts, grants.,hereditagents, privileges, and immu-
nities, whatsoever, which may now, or at any time hereafter, be-
long to the said Church, and also all monies that have been, or Privilege..
may hereafter be subscribed, given, granted, or conveyed for
building a Church for said Congregation at Jacksonville, i0
have and to hold the same for the proper use, benefit, and be-,
hoof of the said Church; and the said Church Wardens4id
Vestrymen, and their sucessors in office shall be, and they are
hereby declared to be capable of suing, and being sued, and of
using all necessary legal measures for recovering or defending
any and all property, whatsoever, which the said Church may
at any time hold, claim, or demand, and is herein secured, or
otherwise, and also with powers to make all necessary rules and perty.
regulations, for the temporal government of said Church, and
to recover in the name oP' said Church, or otherwise, as well
the said monies as other property, with all rents, issues, and
profits of the same, Or any lands, monies, or other estate belong-
ing thereto, or any part or parcel thereof.
Sec. 2. Be it further enacted, That an election for Wardens
and Ve~f'men for the said Church, shall be held annually, Elections.
commerii g on the first Monday in Easter week, or as soon
thereafter as may be, and the said election shall be held and
made by the Wardens and Vestrymen and Congregation of the
said Church, or a majority of them, and the said Wardens and Duty of officers.
Vestrymen, or a majority of them, shall have, and they are here-
by invested witti full power to fill all vacancies which may oc-






( 38 )

Vacancy how cur death, resignation, or otherwise, in their own body un-
filled. i t henext annual election after thJccurrence of such vacancy.
Sec. 3. Be it further enaited, That the prgerty, now owned
or hereafter be owned by tlh aid Church as aforesaid, shall not
exceed in value the sum ofmy thousand dollars.
Approved February 23, 1839.




No. 29.-AN ACT to Incorporate St. Paul's Church, Quincy, Florida.
Sec 1. Be it enacted by the Governor and Legislative Coun-
cil of the, Territory of Florida, That the Rector, Wardens, and
Vestrymen, of St. Paul's Church, Quincy, and their succes-
Name. sors, duly nominated and elected in their place and stead, in the
manner hereafter prescribed by this act, shall be, and they are
hereby made and constituted a corporation and body politic in
law and in fact, by the name and title of the Rector, Wardens,
and Vestrymen of St. Paul's Church, Quincy, Florida.
Sec. 2. And be it furthersacted by the authority aforesaid,
That the said corporation and their successors, by the name and
owners and pri- title aforesaid, shall forever be able and capable in law, to pur-
vilege.1
lege. chase, have, receive, take, hold, and enjoy in fee simple, or any
ess estateO estates, any lands, tenements, rents, annuities, li-
berties, frachises, and other hereditaments, by the gift, grant,
l'hrgain, sale, alienation, enfeoffment, release, confirmation, or
devise, of any person or persons, bodies politic or corporate,
Income limited, capable to make a gift or bequest thereof, the aggregate value
of such gift, grant, alienation, or bequest at no time to exceed
fifty thousand dollars, and such money, goods, and chattels, to
be laid out by them in a purchase or purchases of lands, tene-
ments, houses, messuages, rents, annuities, or hereditaments, to
them and their successors forever : povided, nevertheless, that
if, at any time, the Church be wit lt a Rector, all rights and
privileges of this charter shall be vested in the Wardens and
Vestrymen.
Sec. 3. And be it further enacted by the authority aforesaid,
That the rent and revenues, profits and interest,;f the said
Moniehow ap- Church and corporation, shall, by the said Recto 1Wardens,
and Vestrymen, and their successors, fiom time to time, be ap-
propriated for the maintenance and support of the Minister
and officers of the said Church, and for the necessary repairs of
said Church, the Burial Ground, Parsonage House, and other
tenements, buildings or estates, which now de or may hereaf-







( 3 )
ter belong to the said Church, and to such other usAM the
said corporation shall agree upon for the service of the said
Church. _
Sec. 4. And be it further enaci6d by the authority aforesaid,
That the Rector, Wardens, and Vestrymen, and thpir succes-
sors shall and may grant, alien, or otherwise dispose of any Ma 9Cellland,
message or mnssuages, house or houses, lands, tens ents, or
hereditamentsvwhich now does or may hereafter belong to it, as
to them may seem meet provided, always, that in the disposi-
tion, sale, or alienation of such messuages, houses, lands, tene-
ments, and hereditaments, the consent of at least two-thirds of Conditions.
the whole number of the Vestry shall be had and obtained, and
also the monies arising from the said disposition or sale, shall
be appropriated to the purchasing and procuring other mes-
suages, houses, lands, and tenements, or in making other in-
vestments for the said corporation, which two-thirds of the said
Vestry shall deem proper and expedient, and to no other pur-
pose or purposes, whatsoever.
Sec. 5. And be it further enacted by the authority aforesaid, ,naymke rule
That the Rector, Wardeas, and Vestrymen, and their succes- and hy las...
sors shall and may convene from time to time to make rules, by-
laws, and ordinances, and to transact every thing requisite to
the good government and support of the said Church : provid-
ed, always, that the said by-laws be not repugnant to the laws
of this Territory; all such rules, by-laws, ordinances, and tran-
sactions shall be entered in a book to be provided Gy the War-
dens for that purpose.
Sec. 6. And be it further enacted by the authority aforesaid, seal.
That the Rector, Wardens, and Vestrymen, of the said Church
shall have full power and authority to make, have, and use a
common seal, with such device or devices, and inscriptions as
they shall think proper, and the same to break, alter, or renew
at their pleasure.
Sec. 7. And be it furth'aenacted by the authority aforesaid,
That the Rector WardenT, and Vestrymen, and their succes- Rihts and pri
sors, by the name and title before mentioned, shall be able and vjleger.
capable in law to sue, and be sued, plead, and be impleaded,
in any court or courts, before any Judge or Judges, Justice or
Justices in all and all manner of suits, complaints, causes, mat-
ter or demands, of whatsoever kind, nature, or form they inay
be, and all and every other matter and thing therein to do in
as full and effectual a manner as any other person or persons,
bodies politic or corporate, in this Territory, in the like cases
may or can do, and that they shall have full power to demand
and receive, and if need be, sue for and recover all debts and







( 40 )
legaM which are or may be due to the said Church or the
Rector thereof.
Sec. 8. Aid be it furtheipnacted by the authority aforesaid,
That the Vestry of the sai Church shall consist of not less
than five, or more than ten persons, in addition to the Rector
VeryandWar. thereof, which said personshall be elected by ballot on the first
Monday" December, in each and every year and every elec-
tion shalTe conducted by the Wardens of tie said Church,
who are hereby made Judges of the said election.
Sec. 9. And be it further enacted by the authority aforesaid,
That whenever a vacancy shall occur in the Rectorship, the said
Vetry may elect Vestry, by a vote of at least two-thirds of the whole number,
Rector. shall choose and elect some fit person, being an Episcopal Cler-
gyman, in regular standing and duly qualified to officiate as
Rector of the said Church, agreeably to the constitution and
canons of the Protestant Episcopal Church in the United States
of America, who shall be ex-fficio President of the Vestry and
shall always be entitled to one vote, when present at the meet-
ings of the said Vestry.
Approved February 28, ~S39.



No. 30.-AN ACT to Incorporate the Town of Newnansville.
Sec. 1. Ie it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That all the free white inhabi-
Corporate privi. tants residing within the limits of section 11, in township eight,
teges. range eighteen, comprehending at present the site of the town
of Newnansville, and their successors, be, and are hereby de-
clared a body politic and corporate by the name and style of
the town of Newnansville, with all the rights, privileges, pow-
Rights. ers, and authority incident to and appertaining to a body cor-
porate and politic, or natural perlri, and by that name and
style may sue, and be sued, plead, aid be impleaded, hold, pos-
sess, and enjoy real estate, personal and mixed property, and
transfer the same, and so dispose of and manage the funds of
said town, as shall be most beneficial to the-interest thereof.
Sec. 2. Be it further enacted, That the government of said
town shall be vested in an Intendant and five Councilmen, to be
city council. designated and known as the Town Council of Newnans-
ville, each of whom, in addition to the qualification of a voter,
shall at the time of and for three months immediately preced-
ing the election have resided within the limits thereof.
Sec. 3. Be it further enacted,jThat the Town Council shall






( 41 )
annually, on th first ~ 4 i January, be elected by the
qualified voter?4 heis'ida' n, nd it shall be their duty at Intndant how
their first meeting to elect from a['ng themselves the Intendant, elected.
who shall hold his office until the next anlaal election : provid-
ed, however, that the said Intendant and Councilmen shall con-
tinue to exercise their respective functions until the succes-
sors shall havy en elected: and: provided moreovt that the
first election Tnder this charter shall take place on the jrst h~~ion when
Monday in April next, ensuing, under all the rules,.regulations,
and restrictions in this act prescribed, under the superinten-
dence of Thomas Colden, Sen., Jesse Carter, andJames Pin-
darvis, -or any two of them.
Sec. 4. Be it further enacted, That the Town Council shall
have full power and authority to prevent and abate nuisances, powersof Town
compel the owners of lots, upon which pools of water are, or
are likely -to accumulate, to fill them up, and in default thereof,
to cause the same to be done at the expense -of the owner;. to
guard against the introduction or propagation of infectious or
contagious diseases; arnfenerib to ordain and enforce such
measures as may be necessary foTthe protection and preservt-
tion of the public health of the town. They may erect all re-
cessary public buildings, and dispose of the same as the, inte-
rest of the town may require; they may sink wells rect pumps,
dig drains, lay out burial grounds, and regulatedd take care
of the same; they shall have power to regulate, ~iove, alter,
and extend the streets, lanes, avenues, and public'squares, and
to open new streets, and cause encroachments; obstructions, de-
cayed buildings, and all ruins to be removed ; they shall have Patrol,.
power to establish and regulate patrols, to regulate the traffick-
ing with persons of colour, to regulate markets, the safe keep-
ing of*t standard of weights and measures, the storing of gun-
powder, and the conducting of auction sales, within the limits Licens.
of the town; they shall bh power to license the retailers of
spirituous liquorland k t rs of taverns, and to restrain and
prohibit lotteries, which have not had the sanctioat rfthe Le-
gislative. Council, raffling of all kinds, gaming, and, gaming
houses, s of ill fame, tippling houses, to regulate taalri-
cal an' public exhibitions, to suppress riots and disorder-
ly asseii, and to provide for the punishment of all persons
guilty of' reaches of the peace within the limits of said town.
Sec. 5. Be it further enacted, That the Town Council shall May levy tax.
have full authority to define the objects of taxation, establish
the rates thereof, and 'provide for the collecting of the same.
5ec. 6. Be it further enacted, That the Town Council shall
F







( 42 )
have the same authority to pe~ o prison for contempts:
M inflict pun. provided, the term of imprIonrl shall go'exceed twelve
ishment in cer- hours, and the fine not exced five dollars; and for the non-
payment of fines and forfeitires, as is vested in the criminal
courts of the county. They shall in no case inflict imprison-
ment as a punishment forlhe infraction of any of their ordinan-
ces, but jll have power to'fine or to recognize the party to
aunser for the same at the next session of the Superior court.
eSec. 7. Be it further enacted, That the Intendant shall give
ten days notice of the annual election, and appoint three citi-
Notice for Mlet
tion hoVjin. zens as inspectors to conduct the same: provided, that, should
he neglect to order said election at the proper time, it shall be
lawful for the Judge of the county court or the Justices of the
Newnansville District, upon the application of any two qualifi-
ed voters of said town, to order the said election as soon there-
after as practicable.
Sec. 8. Be it further enacted, That all white male inhabi-
Who entted to tants, of twenty-one years and over, who shall have resided
vote. within the corporate limits o Laid towirfor at least three months
iipmediately preceding the c of election, and who shall have
satisfied all taxes or fines imposed upon them by any ordinances
of the town, shall be entitled to vote for the Town Council.
Sec. 9. B it further enacted, That the Town Council sfial
vacancies. have the p9er to fill all vacancies that may occur in their bo-
dy, from `_,nation, death, or other causes.
Sec. 10 WBe it further enacted, That the Intendant and twc
Councilmen, and in the absence of the Intendant, three Coun.
Quoram. cilmen shall constitute a quorum to do business; they may com-
pel the attendance of absent members, judge of the qualifica-
tions of their own members, and of the correctness and regu-
larity of the election returns and settle their own rules,~t pro.
ceeding. -
Sec. 11. Be it further enacted, That it shall be the duty o:
the Intendant to exercise a general~ ervision over the interests
Duty of Intend- of the tQwn, to see that the ordinances are enforced, to issue al
ant. processes, to convene the Council at such times as he may deerr
CipeUdent, to preside at all the meetings thereor,*nd to give
casting vote in cases of a tie.
Sec. 12. Be it further enacted, That the Town Ggncil slial
Town Consta. have the power to appoint a Town Constable or Runstables
bles. whose duty it shall be to serve all processes, and to perform
such other duties as may be appointed him, to suppress all ri-
ots and breaches of the peace, and to this end he is hereby vest.
ed with all the authority, rights, and privileges, possessed& b







( 43 )
the Constables in the Ma states' District, in this Tdlitory :
provided, his fees be sui s^are provided by law for similar
services.
Sec. 13. Be it further enacted,That the Intendant and Coun-
cilmen shall respectively enjoy and exercise the authority as
conservators of the peace.
Sec. 14. Be it further enacted, That the right of appeal to
the Superior court shall be guaranteed to any person who may Appeal from de
feel aggrieved by any decision under any of the ordinances ofEiion of count
the town : provided, he shall comply with the requisites exact-
ed of parties taking appeals to the Superior courts in ordinary
cases.
Sec. 15. Be it further enacted, That this act shall take effect
and be in force from and after its passage.
Approved February 25, 1839.



No. 31.-AN ACT to amendn act pasted January 31st, 1838, entitled an act
to Incorporate the Ctt, of Apalachicola.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That all future elections under Elections when
and by virtue of the act to which this is an amendment shall be held.
held on the first Monday of January, annually.
Sec. 2. Be it further enacted, That the electtn of Mayor
and Alderman for the said city ofApalachicola, held on the first
Monday of January last, is hereby declared valid and legal to ~etio" gal
all intents and purposes, and that all acts done and performed,
and to be done and performed by said Mayor and Aldermen,
shall e as legal and valid as if said election had been held on
the first-day of January last, agreeably to the act of the Legis-
lative Council to which this is an amendment.
Sec. 3. Be it further enhdted, That no master or other officer,
or seaman of any merchad;vessel, lighter, or other craft, tern- Who disranchi-
porarily employed, or trading at said port of Apalahliicola, not- sed
withstanding. aid vessel may belong to a regular line of pack-
ets, or be iierwise periodically engaged in lightering or load-
ing otliyessels, shall on that account be entitled to vote.-
And naalized citizens shall be required, when called on, to.ex-
hibit their papers of naturalization to the inspectors before they
shall be permitted to vote.
Sec. 4, Be it further enacted, That it shall be the duty of the Registry of vo-
clerk of the City Council to keep a registry or list of all the le- terl.
gal voters, and it shall be the duty of each voter to have his







( 44 )
name-titered oosald registry befor'the day of election in or-
der to he entitled to vote.
Sec. 5. Be it further enacitt, 'Li'rihis act shall be in force
from and atter its passage. .,
Sec. 6. Be it further enacted, That all laWs or parts of laws
Repealing clause conflicting with the provisions of this act, be, and the same are
hereby repealed.
Approved March 2, 1839.


No. 32.-AN ACT to amend the several acts Incorporating the town of Ma-
rianna.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the corporate limits of the
corporatelimits. town of Marianna shall extend one mile on every side from the
Court House, in the public square of said town, except the eas-
tern boundary thereof, which shall extend to the Chipola river.
Sec. 2. Be it further enacted, That all laws inconsistent with
Repealingclause the provisions ol this act, ber4nd the0 same are hereby repeal-
d,; and that this act shall be in force from and after its passage.
Approved March 4, 1839.




No. 33.-AN ACT to amend the act Incorporating the City of St. Joseph.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
Wo may vote. cil of the Territory of Florida, That all white male inhabitants,
being citizens of the United States, and of the age of tventy-
one years, who shall have resided within the said city at least
one year immediately preceding the day of election, or who,
having landed estates in said city, do occasionally reside there-
in, and shall have paid their poll th, shall be entitled to vote
Qualifications for Mayorand Aldermen; but no person shall be eligible to
derm an.d the office of Mayor or Alderman who is not atjhe time of his
election a freeholder in said city ; all votes at cit.yelection shall
be given by ballot.
Sec. 2. Be it further enacted, That the ninth secion of an
sectionrepealed. act entitled an act incorporating the City of St. Joseph, approv-
ed February 10th, 1836, be, and the same is hereby repealed.
Approved March 1, 1839.






( 45 )
No. 34.-AN ACT to Incor eth City of Pensacollond repeal tlio act
entitled an act to Ineorpo lf Pensacola, R improve the Pub-
lic Roads i the.neighborl lf provedF'ebruary 15, 1833.

Sec. 1. Be'it enactedby the Governor and Legislative Coun-
cil of the Territo, of Florida, That all free white inhabitants,
in that part of EscLhbia county, comprehended within the fol-
lowing boundaries, that is to sav'lounded on the south and
east by the harbot*of Pensacola, on the west by bayou Chico,
on thlnorth by a line drawn northast from Galves' spring to Li itsof orpo.
where said lineiwill intersect the biyou Texar, thence with the
said bayou to Pensacola bay, shall be, and are hereby consti-
tuted a body politic and corporate, by the name and style ofthe
city of Pensacola; and by their corporate name may sue, and
be sued, -implead, and be impleaded, grant, receive, and do all
other acts as natural persons, and may purchase and hold real,
personal, and mixed property, or dispose of the same for the
benefit of the said city ; and may have and use a city seal, which
may be altered or broken at pleasure.
Sec. 2. Be it further enacted, That the government of the
said city shall be vested in a person to be called the Mayor, and Officer,.
in a board of Aldermen, to he elected in the manner, by"'the
persons, and at the time hereinafter directed. 4
Sec. 3. Be it further enacted, That all free white male in-
habitants who are citizens of the United States, and of the age
of twenty-one years and upwards, and who hav sided twelve :Li"ca""i of
months in the city, next preceding the day of el on, shall be
qualified to vote at the election of Mayor and Aldermen; and
the election shall be held on the first Monday of April in every
year, by three commissioners, to be appointed by the board of
Aldermen, at least ten-days before the day of election.
Sec. 4. Be it further enacted, That all free white male citi-
zens of the United States, of the age of twenty-five years and Mayor and AM-
upwards, who shall have resided one year in the city, next pre-
ceding the day of election, shall be eligible to the office of May-
or or Alderman.
Sec. 5. Be it further enacted, That the Mayor and Alder-
men shall, in all cases, continue to act in their respective func- Term of office.
tions untlttheir successors are elected and qualified to serve;
and tue-board of Aldermen shall have power to fill vacancies
in the fown body in the manner hereinafter directed.
Sec. 6. Be it further enacted, That the whole number of Al-
dermen elected shall be seven; and said election of Mayor and Election how
Aldermen shall be made by ballot, and shall be held at such held.
place within the limits of the city as said commissioners shall
appoint.







( 40 )

Sec. 7. Be tlurther enac e ooard of Aldermen
S shall, within five days matter l convene at such place
mayor as the Mayor may appoint d to td ,letion by bal-
lot of one of their own members as resident of the board-
whereupon the said President shall admi i'-r-to the Mayor,
and afterwards to the otheqAlderme'n, res ctivelv, the follow-
olh of otfce. ing oath or affirmation : I, '. B., do solem!nal swear, [or affirm,
as the case may be,] that I will, to the utmombf my power sup-
pbrt, advance, and defend 1e good order, peace, and Welfare
of the city of Pensacola an? its inhabitants, and will faithfully
demean myself in the office of Mayor or Alderman of the city
of Pensacola. And I do further swear, or affirm, that I will
support the Constitution,of the United States. And a like oath
shall then be administered by the Mayor to the President of the
board of Aldermen.
Sec. 8. Be it further enacted, That the Mayor. with the ad-
vice and consent of the board of Aldermen, shall appoint all
ulTe. of city necessary officers for the city; and the Mayor and board of Al-
dermen shall have power to-fix and cause such compensation to
be given them, and to the 1Myor, as they shall deem fit and
,proper: provided, that the salaries or compensation shall not
Ib increased or diminished during their respective terms of ser-
vice-and provided, that no law or ordinance shall be passed
granting a slry, per diem allowance, or fees to the members
of the board-Y Aldermen.
Sec.9. Bf further enacted, That the Mayor and board ofAl-
Board ofHealih. dermen shall constitute a board of Health for said city, and shall
have power to appoint all necessary officers to enforce and car-
ry into effect all laws of the Territory and of the board of Al-
dermen, regulating the quarantine of vessels, and for the preser-
vation of the health of the said city.
Sec. 10. Be it further enacted, That two-thirds of the mem-
uuorum. bers of the board of Aldermen shall be a quorum to do busi-
ness; but a smaller number may adjourn from day to day.-
The board may compel the attendance of members in such man-
ner and under such penalties as they may, by their regulations,
Powersof oun. provide ; they shall settle their rules of proceedings, appoint
c'. their own officers, regulate their respective fees, lidremove
them at pleasure; they shall judge of the election -Atins and
qualifications of their own members, and may, with titoncur-
rence of three-fourths of the whole, expel any member for disor-
derly behaviour or mal-conduct in office. They shall keep a
Duties. journal of their proceedings, and enter the yeas and nays on
any question, resolve, or ordinance, at the request of any two
members. Their deliberations shall be public, and all ordinan-






( 7 )
ces or laws passidbyt s'f rd hall be .gubmtted to the May-
of for his pFifi h p ved by him, shall be
obligatory s .suc'. I if the Mayor. shall not approve of Vetopower,
suc(i ordinance Qo&w, he shall.'ieturn the same within five
days, with his reasas in writing therefore ; and if two-thirds of
the board of Aldermen on rc-constderation thereof, still ap-
prove of the sami t shall be in force in like manner, as if he
had alroved it: prided, that no ordinance of said board ofOrdinance tobe
Aldermen shallgo into operation until the same shall have been "ade pub"c.
published in a newspaper printed in the city of Pensacola, or
by posting a copy thereof, in three of the most public places in
the city.
Sec. 11. Be it further eilacted, That it shall be the duty of Duy or Mayo.
the Mayor to see thatithe ordinances of the corporation beaduly
executed, and he shall report the negligence or misconduct of
any officer to the board of Aldermen, who, on satisfactory proof
thereof, may remove from office the said delinquent, or take such
other measures as shall be just and proper, and le shall have
power to convene the board of Aldermen when in his opinion
the public good may require it. +
Sec. 12. Be it further enacted, That the commissioners which
may be appointed by the board of Aldermen to hold an election, Commissioner-
shall, on the day appointed for holding tae election, take an to holdelectiomi
oath before some person qualified to administer the same, that
they will, without fear or favor, faithfully and im;yiall con-
duct said election, and they shall open a poll boR for the re-
ception of votes, and cause the names of the voters to be record-
ed, and which shall be deposited among the archives of the
city as soon as they shall have completed the duties therein as-
signed them. The poll shall be opened at nine o'clock in the
morning and close at five o'clock in the afternoon, after which Time of opening
time the commissioners shall proceed to count the votes, and and closing polls
declare the person elected as Mayor, and the persons elected as
Aldermen, who respectively shall have received a plurality of
the votes taken.; and the said commissioners shall make out a
written certificate thereof, at the foot of the poll bQoot and ,de-
liver a copy thereofwithin twenty-four hours to the Mayor elect,
who, oegreceipt of the same, and within five days from his elec-
tion, sIas signify his acceptance or refusal.
See. 13. Be it further enacted, That in case no election shall
be holden from unavoidable cause, at the time pointed out by EiCctio,.
this act, the charter of the corporation shall not be forfeited,
but it shall be the duty of the Mayor to name another day for
holding the election, as near as convenient to the one pointed
out by this act.








Sec. 14. Be it futter eni e I f the absence
Vacancy how of the Mayor, the Prtid nf th a. Aldermen shall
filled. have and exercise all the powers of qr, arnd perform all
his duties; but in case of the e ith or kesigtion of the Mayor,
the board of Aldermen shall or ler an elecftbnto fill the vacan-
cy for the remainder of the tern and in tb manner provided
by this act. IW,
Sec. 15. Be it further enacted, That itlhallpot be laikul for
the Mayor, or any Alderman,' to be concerned, directly or indt-
contracts how rectly, in any contract in which the city of Pensacola is or may
"ad". be interested. And before any contract shall be entered into,
the Mayor shall give ten day's notice in some newspaper pub-
lished in the city, or if there be nO 'newspaper, then in such
manner as the Mayor may dee n proper, that sealed proposals
will be received for such contract, and proposals shall be sub-
mitted to the board of Aldermen, who shall have. the right to
accept any one of such proposals, or reject them altogether, if
they shall dem it proper, and if no proposals should be made,
then the board of Aldermen .may. act' in any way they may
think best.
Sec. 16..Be it further enacted, That the said corporation
Powers ofcorpo. shall have full power and authority to pass all laws and ordi-
"raon. dinances to prevepiynuisances, ;hnd to remove them, and to pass
all necessary. laws imposing fines and penalties for violation of
their ordin ces, and quarantine' regulations; to establish night
watches and patrols, and to erect lamps to regulate the station-
ing, anchorage and mooring of vessels ; to regulate and restrain
theatrical and other public anmsements; to regulate and esta-
blish markets; to erect and -repair workhouses, houses of cor-
rection, and other public buildings; to make and keep in repair
all necessary streets, drains and sewers; to regulate burying-
.grounds, and the sweeping of chimnies; to establish and regu-
ire companies. late fire wards and fire companies; to sink wells, and to erect
and repairpurps in the streets; to regulate and control the
inspietors. ue of sprigs in the city ; to establish and regulate the inspec-
tioh of clton, lumber, tobacco, and other articles; the guaging
d casks and liquors; to regulate the storage of guppowder and
all naval and military stores ; to regulate the weight, and price
of bread ; to restrain or prohibit tippling house; and loleries;
to preserve the bay and harbour adjoining the city; tWFerect,
wlN'.arve. ocs. repair and regulate public wharves, and to repair docks and
basins ; to provide for the establishment and government of pub-
lic schools ; to open, alter, regulate and pave the streets: to re-
Inove all old and decayed buildings or ruins, provided they
make to the peron ot persloni v ho may be injured thereby just







( 49 )
and adequate c 6e ascertaineipby a verdict of
a jury tq heriffof scambia county, or
his del r i*r.justice of the peace,
among isnteresls of thp ty, who, previous to enter-
in pon their d illwe sworn to faithfully perform the
duties assigned anlThe said corporation shall have power ne b"yorro
to borrow money,ar the use of the city, provided the sum bor-
rowed shall not eM d in any year five thousand dollars, nor a
greater rate of inteist paid therefore, than the lawful interest of
the Territory, to provide for thegsupport of the. poor, infirm,
diseased, and insane of the city: to restrain and punish-offen-
ces, committed by negroes and people of color ; to tax and re- General regular.
gulate venders of merchandise, retailers of liquors, billiard ta-
bles, tavern keepers, carries, carfrswagon and drays; and to
lay and impose taxes generally, and t9 provide for the collec-
tion thereof: provided, that no tax shall be imposed on real pro- Rate of tax.
perty, at any higher rate than three-quarters of one per centum
on the assessed valuation of such property ; and to pass all or-
dinances necessary to give effect and operation to all the pow-
ers vested in the corporation.
Sec. 17. Be it.further enacted, That all fines, forfeitures, Fines and for.
penalties, and taxes imposed by the corporation, hall be re4o- feature hw re
verable before the Mayor, a justice of thepeace, or any court residents.
of record ; and if the person or persons l fom the same shall
be due, and unpaid, shall be 'non-residents of the, ioy, or shall
have absconded therefrom, the corporation shall l6ve the same
remedied by attachment for the recovery thereof, as is by law
provided, in case of absent or absconding dfors. -
Sec. 18. Be t further enacted, That an act entitled an act
to incorporate the city of Pensacola, and improve the public Act repealed.
roads in the neighborhood thereof, approved February 15, 1833,
be, and the same is hereby repealed: provided, that al laws or
ordinances,and resolves in force, at the repeal of said act, shall
continue to be in force until altered, amended, or repealed, and
all fines, penalties, forfeifidres, and taxes, t dbrued un-
der the ordinances of said corporation. sha e ted iiie
same manner, as if the above recited act had not l epe P; Proiso.
and provided, that such repeal shall not be construed to v e te
the offices ofthe Mayor, and board of Aldermen of said city ;
but ti said Mayor and Aldermen shall continue to have and
exercise their said office until the day prescribed by this act for
a new election.
Sec. 19. Be it further enacted, That this act shall not be in
force until the Mayor afid Aldermen, to be elected on the first
G








Monday of Apil next, shall i4~ir assent thereto,
by entering such asent in t ellali i r .nceedings.
Approved March Bl -.2


No. 35.-AN ACT supplemental to the act Incorporating the Lafayette Salt
company at Key West. f
Sec. 1. Be it enacted by the Governor and Legislative Coun-
Election* how cil of the Territory of Florida, That from and after the passage
held. of this act, elections may be'heldr Directors of said Compa-
ny, under the supervision of any two or three stockholders,
any thing in the said ch.Ver to the contrary notwithstanding;
and that the second section of the Wct to amend said charter,
approved 26th January 1838, and the same is hereby repealed.
Approved February 25, 1839.


No. 36.-AN ACT to amend an act entitled an act to Incorporate the St.
Andrews and Chipola Canal Company.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territopf Florida, That the several conditions and
earthen to restrictions contalfne in the act of incorporation of said compa-
ny, and in e amendments thereto, hall not take effect or com-
mence their operation until after the amendments to said acts
shall receive theLegislative sanction of the Congress of the
United States.-N'
Sec. 2. Be it further enacted, That the thirteenth section of
Sectionrepealed, an act to amend an act entitled an act to incorporate said com-
panybp, and the sUge is heleby repealed.
Sec. 3. Be it furIler enacted, That the coporators of said
company shall have the privilege of constructing a rail road
Locationof road. from St.jAndh 's Bay to he' Florida line, or to any interme-
dce poi m1M forfeiting any other of their chartered rights
tha the desire to re lin: provided, they'shall locate the
it in years, and complete the same in eight years after
this act shall receive the Legislative sanction of the Congress of
the United States; provided, the said company shall nqt unite
with the Brunswick and Florida Rail Road Company.
Approved March 4, 1139.








FNo. 37.-AN ACT ILgi ?ltltS acts to Incorporate the Lake Wimi-
co.ani.|los B ail Road Company.
See ie. t e thle ihand Legislative Coun-
cil the Territo a orida, at the Lake Wimico and
St. seph Canyl.d RailRoa Company shall have the right canal location.
to construct a Steamboat Canal, for the transportation of pas-
sengers, goods, wa merchandize and produce of all kinds,
-whatsoever, from aCpoint on the Apalachicola river, to such
point on the bay of St. Joseph as the said company may se- Capital stock
ldet, and to enable the said company to construct said canal, my be increase,
they are hereby authorized tAincrekse their capital stock to two
millions of dollars, to be subscribed for in the manner prescrib-
ed by the act to which this is an amgdment.
Approved March 4, 1839.





No. 38.-AN ACT to authorize the Brunswick and Florida Rail Road Com-
pany to extend their Improvements into the Territory of Florida.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the Brunswick and FMo- Incorporain.
rida Rail Road Company be, and is hereby organized as a cor-
porate body, and shall be known and acknowledged in said
Territory by the name and style of the Brunswick ain Florida
Rail Road Company, and be capable ofentering into contract,
of suing and being sued, and of enjoying all aoher necessary Privileges, tc.
powers and privileges of constructing, maintaining, using, and
enjoying a Rail Road, subject, nevertheless, to the conditions,
limitations, and restrictions, hereafter prepribed and declared.
Sec. 2. And be it further enacted, That the.said company
shall enter the Territory at, or near.the valy of e Oscilla Route.
river, and proceed thence to -'allahassee llahasge
they may continue their road to the Apala cer, ono
St. Andrew's B.ay, or to ChoctawhatchiWeBay. t
Sec. 3. And be it further enacted, That the said comran .
shall, within one year from the passage of this act by the Coun- ROia when eo-
cil, stl'ey and finally locate the road, they intend to construct,
and dnke a report to the Governor of the Territory, which shall
be binding. They shall complete the construction of the road
they intend to make through the Territory, within six years from
the assage of this act.







B^" ) ..
Sec. 4. And be it further e t 'd company shall
other roads may permit any Rail Ro ,Corn u ct a Road from
connect. the seat of justice in ea ity thrio whicr &T i runs-
wick and Florida Road ms y ss; sh Ii tain ?ale paint
of junction the necessary t lishmntsf t depopot; shaie-
ceive, protect, and forward the goods, wa -s,d merchanide,
and passengers delivered'by said county P !kRoad, or destined
to them from any point on the BrunswicDi Ad Florida Road,
at the lowest charges and rates herein est:ilihshed.
Sec. 5. And be it further enacted, Th t said company shat
have the exclusive right of tpanspOdtation f goods, wares, and
merchandize, and persons, over said roac. to be by them con-
Rates of trans. structed, as well in Georgia as in Vor: ,a, at the following
portaoiin. rates and charges, and nonore or high : that is to say, for
cotton, rice, sugar, molasses, tobacco, anm alcoholic liquors, of
all kinds, or other articles, the growth or I 'oduce of Florida, or
owned by the citizens of Florida, they sh 1I be allowed to de-
mand and receive twenty-five cents, for tl conveyance of one
hundred pounds one hundred miles, and : the same rate for a
greater or less distance. For the conve' since of all manufac-
tured articles, notmentioned above, iron a d salt excepted, they
d*fall be entitled to demand and receive 40 tents for 100 pounds
100 miles, at the same rate for a greater ,: less distance. For
passengers, 8 centstper mile, with an allow ance of 50 pounds of
baggage each, all excess of baggage to b subject to the same
charge as manufactured goods.
Sec. 6' And be it further enacted, TI it the said company
Lien onWdes. shall have a liedion the goods, wares, ano merchandize, passen-
geis' baggageexcepted, transported an( conveyed over their
road for their lawful charges of transport: ion.
Sec. 7. And be it further enacted, Th t the said Brunswick
and Florida Rail R4 Company shall Iive the right of ac-
ty. h pro quiring and possessing, by purchase, don ition, or otherwise, so
much land.and otir real estate as may ie necessary for the
u and e ea n of their roadjand for w rehouses and depots;
ec. Stn e 'it further enacted, iat the said company
sutthavtsie' right t'iclaim and condemn for their own use the
Mayasge ~ti-la ofprivate individuals, necessary for t eir roads and depots;
atl. also, stone, earth, timber, and all other n iterials, necessary for
the construction of their road in the vi inity of the rite of
said road, in which they shall pursue the course prescrled in
the Tallahassee Rail Road Charter.
Sec. 9. And be it further enacted, Th t said company shall
have power to erect bridges and viaduc across a navigable







( 53 J
stream ; it shall bjpbyPd otf raw bridges or structures not Bridges,
interrupting the Iviga i erc .
Sec. 1.0. Arfie it fulter enacted ,T at this charter shall Charter may be
be liable io forfeiture by ap1 ppriate process for any vio- futd.
latig ot this act.* *'
Sec. 11. Andre it further enacted, Th t the stock and pro- Tax.
perty of said company shall be exempt from taxation during the
period of six years Rer the completion of their road.
: Sec. 12. And be if further enacted, That said company shall Books when
have, on the first Monday in June next, books of subscription ropnd tor sub.
opened in all the counties in this Territory, and shall continue cpt
them open for thirty days.
Sec. 13. And be it further enacted, That it shall be lawful
for the said company to extend a branch from the main trunk Quiney road.
to Quincy. in Gadsden county, and thence to the Apalachicola
river.
Approved March 4, 1839.




No. 39.-AN ACT to authorize Simeon Driggers to establish a ferry over the
Withlacoochee river in the county of Madison.

Sec. 1. Be it enacted by the Governor and Legislative Coun
cilof the Territory of Florida,That Simeon Driggers, be, and Ferry where I,
he is hereby invested with the right and privilege of establishing called.
a ferry across the Withlacoochee river, in the county of Madison,
on or near section 20, township 1, range 11, north and east;
and that he and his heirs shall continue to enjoy all the rights
and privileges hereby granted for the term of five years.
Sec. 2. Be it further enacted, That during the said term of
five years, no person or persons, whomsoever, shall have the
right to establish a ferry or build a bridge within three miles of
the ferry, by this act provided for; unless the e shall be for
his, her, or their own exclusive use,'and not purposaf lfusive pri
receiving tolls: provided, that said ferry be suffice t
and proper order, and if this shall not be the case, e coEin D
court shall have authority to declare that no tolls shall be de- e
mandId or exacted, and to give to any other person the right
of esiRblishing another ferry.
Sec. 3. Be it further enacted, That the county court of Ma-
dison county shall have the right to fix and regulate the rates late toll.
of toll over said ferry.







4" )

Act may be Sec. 4. Be it further enacted .tbi act shall be subject
intended. to be altered, modified, or re edl~ he Legislature at any
time,
E. L. DRAKE.
Speaker of the House of lpresentativ*l
JOHN WARREN,
President of the Senate.
Approved January 29, 1839.
"R. K. CALL,
Governor of Florida.




No, 40.-AN ACT to authorize David Platt to establish a Ferry near tho
junction of the Suwaunee and Withlacoochce Rivers, in the County of Ma-
dison.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That David Platt be, and he is
hereby authorized to establish and keep a public ferry at, or
tablisher ed near the junction of the Suwannee and Withlacoochee rivers, on
or near township one, section twenty-four, range eleven, south
and east; and that he be allowed to charge such rates of toll as
may be from time to time established by the county court of Ma-
dison county.
Sec. 2. "Be it further enacted, That all rights and privileges,
profits and emoluments, of said ferry be, and they are hereby
tigt and da vested in the said David Platt, his heirs, executors, administra-
tors, and assignees, for the term of five years : provided, he shall
keep a flat or boat of sufficient size to carry over a loaded wa-
gon and team, and 'hall comply with the rules and regulations
that may be established by the county court of Madison coun-
ty, or that may be hereafter provided by law.
Sec. 3. Be it further enacted, That it shall be unlawful for
anv person toQ4ablish.or keep a ferry or bridge, within two
mfis ofs fy~' unless the same be toll free, and for his, her,
oitheir o individual use,
Sec. 4. Be it further enacted, That this act and the privile-
Act may be ges herein granted shall be subject to be modified, altered,
S amended, or repealed by the Legislature of the Territy or
State, at any time when the Legislature shall deem it advisable
to do so.
Approved February 8, 1839.






( I' 5
No. 41.-AN ACT. tolea la Ferry across the Clhocti:hatchie Rivdr.

Sec. 1. Be it enacted by the Gvernorand Legislative Coun-
cil of tih Territory of Florida, That John Bryan is hereby Whwreestablish
vested with the right and power of establishing a ferry, and ea.
charged with the duty of keeping the same in repair, across the
Choctawhatchie river, at the place known as Bunker's Land-
ing, in Washingtotcounty ; and the said John Bryan shall
continue in the enjoyment of said ferry, for and during the term
of five years: provided, the said Bryan shall so long 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 keep a ferry within three miles Rights and di
of said landing, on the Choctawhatchie river, except it be tor t '.
his or her own use, and not for the purpose of gathering tolls.
Sec. 3. Be it further enacted, That it shall be the duty of
the said John Bryan, his heirs, and assignees, to keep at all
times a good and sufficient flat, or craft of sufficient size, to cross
a wagon and team; and that he shall be entitled to receive such
toll as may be fixed by the county court ofWashington county,
and be subject to the order of said court or any future Legis-
lative Council of said Territory.
Approved February 8, 1839.




No. 42.-AN ACT to authorize James M. Harris to build a Dam and Lock
across the St. Marks River.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That JamesM. Harris be, and Da were con
Dan where con.
he is hereby authorized to construct a dam across the St. Marks structed.
river, at a mill on said river, one-half mile above-the town of
Magnolia, known by the name of Harris's Mill, in the county
of Leon.
Sec. 2. Be it further enacted, That the said Harris shalAo
construct the said dam as to admit the free passagel"f boats of Pas o e f
all kinds, navigating said river, by means of a gate, or gates, open.
lock, or locks, of not less than twenty-five feet in width; said
gatespr locks shall be kept in good repair and order, and shall
be open, free of any charge or toll, whatsoever, for the passage
of any suclhboat or boats, navigating said river, without un-
necessary delay, and shall be liable for all losses and damages
which may happen in consequence of the dam aforesaid being
conlituted across said river.







S56 )
Sec. 3. Be it further enacted, Tjat tijs ac4,shall continue in
Limitation. force for ten years, if the said parris, his heirs,,or assignees shall
so long comply with the provisions of the foregoing, section,
and such other provision' as the Legislature may from time to
time deem necessary and proper.
Sec. 4. Be it further enacted, That in case the said Harris
Nay beforfeited. does n'ot comply with the provisions of the second section, this
charter shall be considered forfeited to all fthtents and purposes..
Approved March 2, 1839.



No. 43.-AN ACT for the relief of Esther Sparkman.

Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the marriage contract,
heretofore subsisting between Lewis L. Sparkman and Esther
divorce granted. Sparkman, be, and the same is hereby dissolved and enrolled,
and that the same Esther Sparkman be, and she is hereby re-
leased from all duty to, or connection with the said Lewis
Sparkman, by reason of their said marriage heretofore subsis-
ting as fully and completely as if the same had never existed or
taken place.
Sec. 2. Be it further enacted, That hereafter the name of
the said Esther Sparkman shall be changed to her maiden
Name changed. name, and she shall be called and known by the name of Es-
ther Niblack, and by the name of Esther Niblack shall have
and maintain all manner of personal rights, and be bound for
all manner of personal liabilities.
Approved February 28, 1839.



No. 44.-AN ACT for the Relief of Christopher H. Edwards.

rSec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the territory of Florida, That the Auditor of the Terri-
Relicr granted. tory do ailow, and pass the claim of Christopher H-. Edwards,
Sheriff of Madison county, for taking the census of said county,
under the act of the Council of 1837, at the rate of five cents
for each individual inhabitant of said county, as shall-ippear
from the returns thereof, made by the said Sheriff: provided,
the said Auditor shall be satisfied the said return were duly
and properly made.
Approved March 1, 1P39.






( &7 )
No. 45.-AN ACT $or the relief of Christopher Fletcher.
SSec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the Territorial Treasurer
be, and he is hereby directed to pay to Christopher Fletcher
the sum of seventeen dollars, out of any money in the Treasury
not otherwise appropriated.
Approved March 1, 1839.



No. 46.-AN ACT for the relief of George Walker.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the Auditor of public ac-
counts be, and he is hereby directed to allow George Walker,
United States Attorney for the district of West Florida, the
sum of two hundred and seventy-five dollars, the said sum be-
ing the amount of fees claimed by the said Walker, for crimi-
nal prosecutions in the Western District of Florida, and re-
jected by the said Auditor.
Approved March 1, 1839.



No. 47.-AN ACT for the relief of Major Charles Mapes.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the Auditor of public ac-
counts be authorized and instructed to audit and allow to Ma-
jor Charles Mapes, two per centum on such amount of money
as he may have disbursed on behalf of the Territory, under the
provisions of an act entitled an act for the relief of the Florida
troops, during the Indian war, passed February the ninth, A. D.
1838.
Approved March 4, 1839.



No. 48.-AN ACT for the relief of William Kelley.
Sec. 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the Treasurer of said Ter-
ritory be, and he is hereby authorized and directed to pay out
of any money in the Treasury, not otherwise appropriated, the
H






( 5b
sum of two hundred and forty-four dollars, sixty-two and a half
cents, to William Kelley, in full for his services and expenses
incurred and paid by him, in guarding and keeping the body or
Lewis Salter, a prisoner committed to his charge as an officer
under due process of law.
Approved March 4, 1839.



No. 49.-AN ACT for the relief of Wilkins C. Smith.
Whereas, Wilkins C. Smith, tax collector in and for the
county of Jefferson, did, in the year 1838, collect as Territo-
rial tax the sum of twenty-five dollars, in bills of the Commer-
cial Bank, of Apalachicola, and whereas said Bank failed be-
fore he made his return to the Auditor of the Territory,
Sec. 1. Be it therefore enacted by the Governor and Legis-
lative Council of the Territory of Florida, That the Auditor of
this Territory be, and he is hereby required to refund to the
said Wilkins C. Smith the sum of twenty-five dollars, in good
and lawful money, and to receive the aforesaid Commercial
Bank money in lieu thereof.
Approved March 1, 1839.







RESOLUTIONS, &e.




No. I.-RESOLUTION respecting Yellow River.

Whereas, it is believed by this Legislative Council that the
improvements of the navigation of the Yellow river, a stream
mouthing into the Bay of Pensacola, would speedily bring a
large quantity of the public lands into market, would ren-
der accessible a large amount of live oak and other timber suita-
ble for public purposes, and would be of great convenience and
advantage to the-inhabitants residing thereon,
Be it resolved, therefore, by the Governor and Legislative
Council of the Territory of Florida, That Charles Downing,
Esq., our Delegate in the Congress of the United States, be,
and he is hereby requested to use his exertions to obtain from
Congress an appropriation ot money to remove the obstructions
in said river.
Approved January 29, 1839.




No. 2.-RESOLUTION respecting Choetawhatchie River.
Whereas, the navigation of the Choctawhatchie river is a
matter of great importance to the citizens of the counties of
Walton and Washington, and whereas, a large sum of money
has been expended in removing obstructions to the navigation
of said river, from its mouth to Cedar Bluff, in Washington
county, which expenditure has effected much towards the navi-
,gation of said river, but which, unless the obstructions to the
navigation of said river from Cedar Bluff to the Alabama line
be removed, will be of little benefit to the counties aforesaid;
and whereas, the navigation of said river would greatly en-
hance the value of the fertile lands bordering on said river; be
it therefore
Resolved by the Governor and Legislative Council of the
Territory of Florida, That our Delegate in Congress be respect-
fully requested to endeavor to procure an appropriation of ten







( 60 )

thousand dollars, for the purpose of removing the obstructions
to the navigation of said river to the Alabama line.
Be it further resolved, That a copy of the foregoing pream-
ble and resolution be signed by the proper officers of the Senate
and House of Representatives, and forwarded to the Hon.
Charles Downing, our Delegate in Congress.
Approved February 8, 1839.


No. 3.-RESOLUTION respecting Suwannee and Santa Fee Rivers.
Whereas, the lands adjacent to and bordering upon the rivers
Suwannee and Santa Fee, in the Territory of Florida, are rich
and fertile, the most of which lie at present in an uncultivated
state, and whereas the increase of population would be accele-
rated, the value of said lands and the agricultural prosperity of
that region of country greatly advanced by suitable improve-
ments in the navigation of said rivers, of which improvements
the said rivers are deemed highly susceptible,
Be it resolved therefore, by the Governor and Legislative
Council of the Territory of Florida, That our Delegate in
Congress be, and he is hereby requested to procure the passage
of a law appropriating thirty thousand dollars, or such other
sum as may by that honorable body be deemed necessary and
expedient, to be applied to the improvements of the navigation
of said rivers; and also such sum as may be necessary for the
purpose of erecting a Light House at Cedar Keys, near the
mouth of said river Suwannee.
Approved February 25, 1839.



No. 4.-RESOLUTION respecting Jane Matthews.
Whereas, Jane Matthews, formerly Jane Jones, a native of
Florida, has, under the most aggravated circumstances, lost her
husband, who was killed by the hostile Indians, she herself shot
through .the neck and arm, and also scalped ; and whereas at
the same time, the house in which they resided was consumed
by fire, and all their effects therahv destroyed ; be it therefore
Resolved unanimously 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 the law allowing Jane Matthews a pension for life.






( 61

Resolved, That the above preamble and resolution be signed
by the President of the Senate and Speaker of the House of
Representatives, and when approved by the Governor, a copy
thereof be forwarded to our Delegate in Congress.
Approved February 25, 1839.



No. 5.-RESOLUTION respecting Bar of St. Johns River.

Whereas, the river St. Johns, in East Florida, is one of the
first magnitude upon the Atlantic coast, south of the Potomac,
being from two to three miles in width, and extending from its
mouth into the interior through a fertile region more than three
hundred miles, connected at various points with important na-
vigable tributaries, and looking to the time, which it is hoped is
not far distant, when the Indians, who inhabit a great portion
of the lands bordering upon the said river and its tributaries,
will be removed, and the pursuits of agriculture no longer be in-
terrupted; and whereas the commerce of the said river is rapid-
ly increasing, and its waters must soon become the outlet to the
productions of a vast extent of country. And whereas, it is
confidently believed and asserted by practical and scientific men
that the bar at the mouth of said river is susceptible of great im-
provement, and that a break-water would deepen the water up-
on said bar, and eminently improve its navigation,
Therefore be it resolved by the Governor and Legislative
Council of the Territory of Florida, That our Delegate in Con-
gress be requested to procure the appointment of a competent
engineer, and an appropriation to defray the expense of making
a survey of the said bar and its harbour, and to report the prac-
ticability and expense of making a break-water threat.
Approved January 29, 1839.



No. 6.-RESOLUTION respecting Road from Jacksonville to Rose's Bluff.

Whereas, the road leading from Jacksonville, on the St.
Johns, to Rose's Blufi,; n the St. Maryv river, via R. W.
Kirkland's, on which the United States Mail passes, is, in a wet
season, impassible without enlaniering the loss of the mail,
Be it further resolved by the Governor and Legislative Coun-
cil of the Territory of Florida, That our Delegate in Congress
be requested to use his best endeavors to procure an appropria-







( 62 )

tion for the repairing of said road from Jacksonville to Rose's
Bluff, of the sum of five thousand dollars.
Approved March 2, 1839.


No. 7.-RESOLUTION respecting additional representation from Calhoun,
Franklin, and Columbia.

Be it resolved by the Legislative Council of the Territory of
Florida, That the increased and rapidly increasing population
and great physical and commercial advantage of the counties of
Calhoun, Franklin, and Columbia, in Florida, entitle them to
an additional representative, each, in the House of Representa-
tives,
Be it further resolved, That the Delegate of this Territory,
in the Congress of the United States, be requested to urge and
procure the passage of the law authorizing such additional re-
presentative.
Be it further resolved, That a copy of these resolutions, du-
ly certified, be forthwith transmitted to the said Delegate.
Approved March 2, 1839.


No. S.-RESOLUTION respecting Court Iouse in Walton County.

Whereas, in the year one thousand eight hundred and thirty-
seven, the Court House, in Walton county, by order of the
commanding officer, was made a public store and depot, for the
use of the troops in the service of the United States, operating
against the fugitive Creek Indians in West Florida ; and where-
as, there has been no compensation received for the use of said
house as a public store, and it being incompatible with the con-
stitution of the United States for any private property to be
taken for public use, without compensation; and the said house
is so damaged by the public that it is not fit for use until re-
paired,
Be it therefore resolved by the Governor and Legislative
Council of the Territory of Florida, That our Delegate in
Congress use his influence and exertions to obtain an appropri-
ation of five hundred dollars for (*e repair of said Court House.
Be it further resolved, That a copy of the foregoing pream-
bhi.and resolution be signed by the proper officers, and forth-
with transmitted to our Delegate in Congress.
Approved March 2, 1839.






( 63 )
No. 9.-RESOLUTION respecting Post Office at Eucheeanna.
Whereas, there is no Post Office established at Eucheeanna,
the county site of Walton county, or mail route or road imme-
diately opened or established to the said county site, and it be-
ing indispensably necessary that there should be a Post Of-
fice established at said county site, and the road opened and re-
paired from Marianna, the county site of Jackson county, to
said Walton county site, and whereas, if the road was opened
and repaired from Lagrange, via- Eucheeanna, the county site
ofWalton county, Pickel's Bluff, on Choctawhatchie, Roche's
Bluff, on Holmes' Creek, the county site of Washington county,
and on to Marianna, it would be considerably a shorter route
than the present one, and would add to the convenience of the
travellers, mail contractors, facilities of the three fore-mention-
ed counties, and their citizens, and the mail would be carried
on more reasonable terms than it is at present,
Be it therefore resolved by the Governor and Legislative
Council of the Territory ofFlorida, That our Delegate in Con-
gress use his best exertions in establishing a Post Office at Eu-
cheeanna, the county site of Walton county, and in procuring
an appropriation of twenty-five hundred dollars, for the repair-
ing and opening of said road from Lagrange to Marianna.
Be it further resolved, That a copy of the foregoing pream-
ble and resolutions be signed by the proper officers, and forth-
with transmitted to our Delegate in Congress.
Approved March 2, 1839.



No. 10.-RESOLUTION respecting Delegates to Southern Convention.
Resolved by the Governor and Legislative Council of the
Territory ofFlorida, That James Gadsden, R. H. Berry, A. J.
Forman, John C. McGehee, Thomas Douglas, H. D. Holland,
Joseph S. Sanchez, William J. Mills, William H. Chase, E. J.
Hardin, Hiram Nourse, Samuel C. Bellamy, William Marvin,
R. Fitzpatrick, F. A. Brown, George E. Weaver, Leigh Reid,
Abram Bellamy, and Jackson Morton, be, and they are hereby
requested to serve as Delegates to the Southern Commercial
Convention at Charleston, 'n the third Monday in April next.
Resolved, That it is hereby recommended to the several
counties and towns in this Territory to appoint associate Dele-
gates to serve in said Convention.







( 6-l )

Resolved, That the resolutions adopted by the Convention
at its late session be recommended to the consideration of our
citizens.
Be it further resolved, That the Governor be requested to
notify the gentlemen named in the first resolution.
Approved March 2, 1839.



No. 11.-RESOLUTION respecting compensation to John P. Duval, Esq.

Resolved by the Governor and Legislative Council of the
Territory of Florida, That the sum of $2,000 be paid to John
P. Duval, Esq., out of any monies which Congress may have
appropriated or may hereafter appropriate, to pay for the com-
piling or revising of the laws of Florida ; said sum of $2,000
to be in full compensation for the labours of said Duval in
compiling the acts of the Legislative Council under his contract
of May 1837.
Approved March 2, 1839.



No. 12.-RESOLUTION respecting Duval's Compilation of Laws.

Resoved by the Governor and Legislative Council of the
Territory of Florida, That the acts of the Legislative Council,
passed previous to the present session, and which have been
compiled by John P. Duval, Esq., shall be printed with, and as
a part of the acts of the present session, except so far as the
same may be repealed by the acts of the present session, and
that the whole be half bound in one volume.
Approved March 4, 1839.



No. 13.-RESOLUTION respecting Capitol Square.

Be it resolved by the Governor and Legislative Council of
the Territory of Florida, That the Governor of this Territory,
be, and he is hereby authorized to cause the Capitol Square of
Tallahassee to be enclosed with a fence made of durable mate-
rials, to have a well and pump established wintinthe said Square,
anato cause the ground within the enclosure to be laid offin a
suitable manner, and to be set out with ornamental trees and







( 65 )
shrubbery, and for this purpose he is authorized to expend a
sum from the Tallahassee fund not exceeding three hundred
dollars.
Approved March 4, 1839:


No. 14.-RESOLUTION respecting Payments for subsistence of'Militia.
Resolved, That the Auditor of the Territory, under the di-
rection of the Governor, shall audit any account that may be
presented for supplies of subsistence, forage, and transportation,
which may have been furnished by any of the citizens of the
Territory, for the Territorial troops during the last year : pro-
vided, said accounts are approved or allowed by the Governor.
Approved March 4, 1839.


No. 15.-RESOLUTION respecting Tax Collectors and Auctioneers.
Resolved by the Governor and Legislative Council of the
Territory of Florida, That the Auditor of this Territory be, and
he is hereby required immediately, to institute suits against all
Tax Collectors and Auctioneers in this Territory, who have
neglected or refused to make returns, and pay into the Treasu-
ry any Territorial or auction taxes which may have bdin col-
lected by any Tax Collector or Auctioneer, or which any Tax
Collector or Auctioneer may have neglected or refused to col-
lect in the manner prescribed by the laws of this Territory.
Resolved further, That the Auditor is hereby directed i m-
mediately to cause execution to issue against all and every Tax
Collector or Auctioneer, against whom judgment has been
rendered by any of the courts of this Territory.
Approved March 4, 1839.


MEMORIAL TO CONGRESS.
To the Senate and House of Representatives of the United States of Ameri-
ca, in Congress assembled.
"The memorial of the Legislative Council of Florida respect-
fully represents, That for more than three years past, a war of
extermination on the part of the Seminole Indians has been pro-
I







( 66 )
secuted against the people of this Territory ; that:hundreds. of
valuable lives.have been sacrificed,, and-thousands of private pro-
perty has been destroyed; that although the governmentof the
United States, has shown a proper regard:for.the safety of the
people, and a just sympathy for their sufferings, by extending in
some degree relief to the unfortunate, and affording the ordi-
nary protection against the attacks of the enemy; that although
the war has been conducted by able and experienced Generals,
and well appointed armies have been employed, it still continues
with all its disastrous consequences, without the hope of termi-
nation by the measures heretofore pursued. The people of the
Territory have hailed, with the highest approbation, the plan
proposed by the Honorable Secretary of War, in his annual re-
port, both for the defence of the frontier and for the expulsion
of the Indians. They confidently believe, if carried into execu-
tion, both will be successful. That those who have been driven
from their homes will be reinstated in their possessions,-that
the hardy defenders of the frontiers, who have so long main-
tained their posts in the presence of the enemy, exposed to
every peril, will be enabled to cultivate their fields in peace,
and sleep .without the apprehension of .being awakened by the
midnight yell of the savages. They are equally confident that
by proper encouragement to emigration and settlement, every
portion of the peninsula, susceptible of cultivation, will, in a
very short time. be permanently located by enterprizing emi-
grantp who will seek the enemy in his lurking places, and re-
lieve the country from his presence.
Your memorialists believe this the most efficient plan by which
they can be relieved from the disastrous results of this sangui-
nary and protracted war. Your memorialists have read, and at-
tentively considered the hill which has been introduced in the
Senate, for the accomplishment of this desirable object, and
while they admire the liberality of its provisions, and are grate-
fully impressed for the feelings by which it was dictated, they
believe that although it may ultimately effect the purpose de-
signed, that this may be much more certainly and expeditiously
achieved by an amendment, which they beg leave most respect-
fully to suggest, and which will be attended with less expense to
the government. Your memorialists believe, without the mutu-
al confidence and protection, the settlers would derive from a
military organization, without the rules nf discipline and subor-
dination, so necessary for their defence against the attacks of
the enemy, without the numbers essential to ensure safety, few






( 6 )
would be willing to expose their lives and those of their fami-
lies, by a location within the enemy's country. While under a
different system, thousands would be organized in the neighbor-
ing States, into regiments and companies, and would march
under the proclamation of the President, or orders of the Se-
cretary of War, to any point required, prepared to drive the
enemy from his hiding places, and make the wilderness their
home. In anticipation of such a system, your memorialists are
informed that thousands of the hardy mountaineers of Georgia
and Tennessee, under enterprizing leaders, are now organizing
and will be ready to march, at a moment's warning, to fix their
destiny in the peninsula of Florida. Your memorialists would
therefore respectfully suggest the propriety of authorizing the
President of the United States to receive such number of per-
sons, not exceeding ten thousand; 1st, from among the citizens
of Florida, and the balance, if any, from among the citizens of
the different States, as may offer their services as settlers in this
Territory, to be organized into companies, regiments, and bri-
gades, to be allowed pay and subsistence, from their respec-
tive places of rendezvous, and to continue for twelve months, to
be supplied with forage for six months ; and at the close of the
war, each private and non-commissioned officer to receive a
grant in fee simple of one quarter section of land, and the offi-
cers in the same proportion, or such other quantities as Con-
gress may direct. Under these provisions your memorialists
entertain the most sanguine belief that the war with the Semi-
noles will be brought to a speedy and successful termination;
and your memorialists as in duty bound will ever pray.







INDEX.



ALIENS subject Military laws 10
Assessors, Tax, how appointed 12
shall take lists of orphans 16
Auditor and Treasurer, duty of 14
Auctioneer, duty of
Academy Oscilla, Jefferson county 31
Miccasukie, Leon county 32
Calhoun, Madison county 33
Trustees may rent School Lands '
Monies how appropriated 34
Alachua, at Newnansville "
Apalachicola act to incorporate amended 43

B
BANKS-Union-act amended 20
Apalachicola incorporated 21
Books of subscription, stock, Directors 22
Private property pledged 24
Affairs how examined "
Penalty for non-payment of specie 25
Banking incorporations obsolete "

C
COUNTY COURTS-St. Johns County 12
may appropriate funds 16
County Clerk duty of 13
Capitol to be erected 19
Commissioner Tallahassee Fund duty of "
may contract for building a Capitol 20
Commissioners of Pilotage, &c. 26
Chamber of Commerce St. Joseph 28
Church Presbyterian Tallahassee, incorporated 35
Mandarin 36
Episcopal, Jacksonville 37
St. Paul's, Quincy 38
Choctawhatchie river, resolution respecting 59







( II )
Court House, Walton County 62
Capitol Square, resolution respecting 64

D
DISTRICT ATTORNEY-Fees 6
to prosecute defaulters 15
Drafts how held and enforced 9
Defaulters how punished 14, 15, 16
Delegates Southern Convention 63

E

EVIDENCE in certain cases 6
Elections-qualification of voters .10, 11
Duty of inspectors 11
Returns how made "
Edwards Christopher H. relief of 56
Eucheeanna Post office resolution respecting 63

F
FINES-Militia officers 7, 9, 10
Ferries, over Withlacoochee river 53
Suwannee river 54
Choctawhatchie river 55
Fletcher Christopher, relief of 57

G
GAMING-Fines for keeping table 5
Betting at games "
Grand Jurors, duty thereof 6
Governor may raise volunteers-
May borrow money 7
May appoint commissioners 8
Authorized to draft for service "'

I
INCORPORATIONS-Newnansville Town-of 40
Apalachicola City of 43
Marianna Town of 44
St. Joseph City of
Pensacola City of 45 46, 47







( III )
Lafayette Salt Company, Key West 50
St. Andrews and Cilipola Canal Company "
Lake Wimico and St. Joseph Canal
and Rail Road Company 51

J

JUSTICES OF THE PEACE-Duty of 12, 14
Jails, Franklin county, how erected 30

K
KELLEY WILLIAM-Relief of 57

L

LANDS-Territorial how sold 19
Laws compilation of 64

M

MILITIA OFFICERS-Penalty for disobedience of orders 8
Refusal to furnish roll and papers 9
Troops how governed 10
Madison County site 18
Mapes Major Charles relief of 57
Matthews Jane resolution respecting 60
Memorial to Congress. 65, 66, 67

0

OFFICERs-Territorial in arrears 15

P
POOR CHILDREN-Fund for education 16
Port Wardens and pilots 26

R
RAIL ROAD-St. Joseph 51
Brunswick and Florida "
Road when and where located 52
Resolutions respecting Yellow river 59
Respecting Tax Collectors and Auctioneers 65







( Iv )
Resolution respecting subsistence of Militia, 65
Road from Jacksonville to Rose's Bluff 61
Representatives additional 62
S

SUPERIOR COURTS-Terms of" 17
St. Marks River, dam and lock 55
Sparkman, Esther relief of 56
Smith, Wilkins C., relief of 58
Suwannee and Santa Fee Rivers, resolution ":0,.rating 60
St. Johns River Bar, resolution respecting, 61

T

TAX COLLECTORS-How appointed 12
Must give Bond, "
Assessors, how appointed-duty of *
Penalty for making false returns, 13
Compensation of Collector and Assistant "
Taxes, rates of Assessment on Land and Slaves, &c "
SPenalty for neglect to give in lists, 14
Territorial Lands, how sold 19
U

UNION BANK---Stockholders *of 20
Stock notes, how regulated "
Duty of Directors 21
V

VOLUNTEER FORCE-ho1w organized, 6
May be mustered into service of the U. S. "
Term.of'service, 7
Pay and rations, "
How governed, 8
W

WRECKS, Commissioners of 27
Weighers of Cotton, 29
Walker, George relief of 57




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