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Acts and resolutions of the Legislative Council of the Territory of Florida
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 Material Information
Title: Acts and resolutions of the Legislative Council of the Territory of Florida
Uniform Title: Laws, etc. (Session laws 1840-1845)
Physical Description: 6 v. : ; 20-21 cm.
Language: English
Creator: Florida
Publisher: B.F. Whitner, Jr., printer
Place of Publication: Tallassee
Creation Date: 1840
Publication Date: 1840-1845
 Subjects
Subjects / Keywords: Law -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
Dates or Sequential Designation: 18th session (1840)-23rd session (1845)
General Note: Imprint varies.
 Record Information
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 18494375
System ID: UF00073406:00001
 Related Items
Preceded by: Acts of the Legislative Council of the Territory of Florida
Succeeded by: Acts and resolutions of the General Assembly of the State of Florida

Table of Contents
    Title Page
        Page 2
        Page 3
    Council members
        Page 4
    Acts and resolutions of the legislative council of the Territory of Florida, passed at the eighteenth session, 1840
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
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        Page 64
    Resolutions
        Page 65
        Page 66
        Page 67
        Page 68
        Page 69
        Page 70
        Page 71
        Page 72
        Page 73
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        Page 75
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    Index
        Index 1
        Index 2
        Index 3
        Index 4
        Index 5
        Index 6
        Index 7
        Index 8
        Index 9
Full Text



ACTS


ANSP


RESOLUTIONS


OF THV



LEGISLATIVE COUNCIL,



OF THE


TERRITORY OF FLORIDA,



PASSED AT ITS EIGHTEENTH SESSION,

Which commenced on the sixth day of .Tanuary, and ended
on the second day of March, 1840.




BY AUTHORITY.




TALLAHIASSEE:
B. F. WHITNER, JR., PRINTER, STAR OFFICE.

1840.



















ROBERT RAYMOND RE1D, Governor.

JOSEPH McCANTS, Secretary,

SENATE.
JOHN WARREN, President, resigned Feb. 24, 1840.
GEORGE S. HAWKINS, President; elected Feb. 24, 1840
JAS. S. ROBINSON, Clerk.

HOUSE OF REPRESENTATIVES.

RICHARD H. LONG, Speaker.
JAS. H. GIBSON, Clerk.






ACTS
AND
RESOLUTIONS
OF THE
LEGISLATIVE COUNCIL
OF THE
TERRITORY OF FLORIDA.



NO. I-An Act to alter and fix the time of holding the Superior Courts of
Walton County.
SECTION 1. Be it enacted by the Governor and
Legislative Council of the Territory of Florida,
That the Spring Term of the Superior Court of Wal- Incorporation.
ton county shall be held on the fourth Monday in April,
and the Fall Term on the fourth Monday in Novem-
ber.
[Approved 4th February, 1840.


NO. 2.-An act to authorize John H. Miller to establish a Ferry across the Es-
cambia River, at Owen's Lake.
SEC. 1. Be it enacted by the Governor and Legis-
lative Council of the Territory of Florida, That John
H. Miller be, and he is hereby invested, with the right
and power to establish a ferry, and charged with the duty
of keeping the same in repair, across the Escambia ight ,to hold
river, at Owen's Lake, in Escambia county; and the proper
said John H. Miller, shall continue in the enjoyment
of said ferry, for and during the term of twenty years :
Provided, the said John H. Miller, shall so long keep
the said ferry in good repair; provided, nevertheless, Proviso.
this act shall not operate to the detriment of any ferry
heretofore established by law.








SECION 2. Beit further enacted, That it shall be
unlawful for any person or persons to establish and
keep a ferry, on the said Escambia river, within three
miles north and south of, and at the place aforesaid,
except it be for his, or their own use, and not for the
purpose of receiving toll.
SEC. 3. Be it further enacted, That it shall be
the duty of the said John H. Miller, his heirs and as-
size of craft. signs, 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 of Escambia county, and
Toll. be subject to the order of said court, and such laws as
may be now in force, or may be hereafter passed by
the Legislative Council of Florida, in relation to fines.
SEC. 4. Be it further enacted, That this act shall
Suiect to a. at any time be subject to the amendment, modification
mer,:inent and or repeal, of any future Legislature, State or Territo-
repoal. rial.
[Approved 8th February, 1840.



NO. 3.-An Act to repeal the second section of an act entitled, "an act to al.
ter the time and manner of holding the County Courts in Monroe county,"
and to extend the several acts respecting executions into and over the South-
ern Judicial District of Florida.
SECTION 1. Be it enacted by the-Governor and Le-
gislative Council of the Territoiry of Florida, That
the second section of the act entitled an act to alter
2d Sec. of act the time and manner of holding the County Courts in
'35, repealed. Monroe county, and for other purposes, passed Febru-
ary 7th, 1835, and approved Feb. 14, 1835, be, and the
same is hereby repealed.
SEC. 2. Be it further enacted, That an act concer-
ning executions, approved Feb. 17th, 1833; also, an
act amendatory to the several statutes of this Territo-
Ex'on. Acts in ry, concerning executions and attachments, approved
fore, witi ir So 17th February, 1833, also, the 4th section of an act
Judicial Dist. to amend an act concerning executions, approved Feb.
15th, 1834, be, and the same are hereby declared to








extend to, and be of full force and effect within the
limits of the Southern Judicial District of Florida.
[Approved 8th February, 1840.]


NO. 4-An Act to authorize William A. Bell to build a bridge, and establish
a Ferry across Little Bayou, in Escambia County.
SECTION 1. Be it enacted by the Governor and Le-
gislative Council of the Territory of Florida, That
William A. Bell, of Escambia county be, and he is
hereby authorized-and vested with the right of build-.
ing a bridge, and establishing a ferry, across the Little
Bayou, in said county, and have the enjoyment of the
right of said bridge and ferry during the term of twen-.Invested for 20
ty years; provided, the said Bell shall keep the said years.
bridge and ferry in good order for the passage of car- Proviso.
riages; and should he fail to do so for the space of
ninety days, all the right vested by this act shall cease,
and be forfeited; and should the said Bell fail to com-
plete the said work within twelve months after the pas- work to bt
completed in
sage of this act, then his right to build a bridge and es 12 months, or
tablish a ferry over the Litte Bayou, shall be void. right void.
SEC. 2. Be it further enacted, That the said Bell
shall be entitled to receive such toll, and be subject to
such regulations, as shall be established by the County Toll.
Court of Escambia county, and the future Legislatures
of the Territory, or the State of Florida.
SEC. 3. Be it further enacted, That the right giv-
en to said Bell, by an act approved February 15, 1834,
to a right to build a bridge over Bayou Grande, be so
amended, as to extend the enjoyment of the right to Extending
said bridge, to the term of twenty years from the date right to th
of this act, subject to all the restrictions contained in bayou Grande
said act. to 20 years
SEC. 4. Be it further enacted, That this act shall at Act subject to
any time be subject to the amendment, modification or amendment or
repeal, of any future Legislative Council. repeal.
[Approved 8th February, 1840.







NO. 5.--An act to incorporate the Lafayette Engine and Hose Company of
Key West.
SECTION 1. Be it enacted by the Governor and Le-
gislative Council of the Territory of Florida, That J.
A. Thouron, Alexander Patterson, Henry Warren,
Samuel S. Vaile, Francis A.Malretty, Henry Williams
Benjamin H. Kerr, Gilbert Beebe, David M. Cold,
William D. Wharton, Francis McKenzie, Charles S.
Finley, Samuel S. Constant, Robert Clark, James
Duke, Stephen R. Mallory, Frederick Fresca, William
Curry, John Lutherie, Benjamin Archer, Frederick
incorporation. uen, Alexander S. Patterson, James Filer, and
their' associates be, and they are hereby incorporated
by the name and style of the Lafayette Engine and
'Hose Company of Key West," with power to sue and
be sued, plead and be impleaded, and to ordain, estab-
Powers. lish and put in execution, such by-laws, rules and reg-
ulations, as they may deem necessary and expedient for
the government of said company.
SEC. 2. Be it further enacted, That the officers of
Officer. said company shall consist of one President, one Vice-
President, a Secretary, a Treasurer, and first, second
and third Directors.
Time of elec. SEC. 3. Be it further enacted, That there shall be
tion. an annual election for said officers, on the first M6nday
in May in each and every year during the continuance
of this act.
SEC. 4. Be it further enacted, That in case of
alarm, from the burning of a chimney, or from fire ari-
sing on any dwelling house, or building within the lim-
Fires. its of Key West, at which the said company, with
their engine, shall appear in time to aid in extinguishing
the same, they shall, in every such case, be entitled to,
Fine. and receive, from the owner of said dwelling or build-
ing, the sum of five dollars for their services.
SEC. 5. And be it further enacted, That this act
Act to endure shall he, and continue in force for three years fiom its
4 3 years. passage.
[Approved 8th Februar, 1840.








NO. 6.--An Act to establish a Board of Port Wardons and Commissiuncrs of
WracKis for tile Port of Apala d:hicla.
SECTION 1. Be it enacted by the Governor and
Legislative Council of ike Territory of Florida, That
from and after the passage of this act, the Governor be, Governor ta p-
and he is hereby authorized to appoint, with the advice pon, Por, war-
and consent of the Legislative Council, from among the d"",
citizens of Apalachicola, five discreet and proper per-
sons, who shall constitute a board of Wardens for the
Portof Apalachicola, and have power and authority Their powcrS.
to do all acts and things generally done and performed
by Port Wardens of commercial cities.
SEC. 2. Be it further enacted, That the Port War-
dens so appointed, shall hold their offices for the term
of two years; but in case of vacancy, by death, resigna- Duration ofof-
tion or otherwise, of any member of said board, so ap- fiee.
pointed, the board shall be, and they are hereby au-
thorized at all times to fill such vacancy, or vacancies, Vacancies.
by the appointment of such other proper person or per-
sons as they may select.
SEC. 3. Be it further enacted, That the said board
shall, at its first meeting, appoint one of their own mem-
bers, to be Master Warden of the Port, whose duty it Master warden
shall be to see that the By-Laws and regulations of the How appointed
said board, not conflicting with the Laws of the United
States, or of the Territory of Florida, are carried into His duties.
effect; and for that purpose he is hereby made and con- His function.
stituted, ex officio, a Justice of the Peace. Ex-Officio.
SEC. 4. Be it further enacted, That the said War-
dens, before entering on the duties of their office, shall
severally make oath in writing, before the Clerk of the oath of office.
County, to discharge their duty as Port Wardens,
faithfully, dilligently, and impartially, without fear, fa-
vour or affection, to the best of their skill and ability.
SEC. 5. Be it further enacted, That the Master,
and two other wardens of said board, shall at all times
constitute a quorum for the transaction of business, and quorum.
that said Board of Wardens shall keep a full and suf-
ficient record of its proceedings. which record shall be
transferred to their successors in office from time to
time.








SEC. 6. Be. it further enacted, That said Port
Wardens shall be entitled to demand and receive the
following fees, viz:
For a visit to examine and survey the hatches of a
vessel, three dollars.
For the first visit to survey storage of cargo, of ves-
sel, three dollars.
Feed and rates. For each other visit to same vessel, two dollars.
For each survey or appraisal of damaged goods or
cotton, four dollars, for each distinct lot.
For attending sales at auction, five dollars per day.
For going one or more miles from the city, wharves
to hold a survey, three dollars, and conveyance furnish-
Proviso. ed in addition to the regular charge.
For survey held upon the condition of a vessel, $10
And for each certificate issued, two dollars: Provi-
ded, said Wardens shall in no case be allowed to charge
Portwardens to fees unless specially called on.
be Commission. SEC. 7. Be it further enacted, That said board of
ofreks. Port Wardens, shall, within the county of Franklin,
Duties. have and exercise the duties of Commissioners of
Wrecks, and by virtue thereof, shall take charge of all
wrecked vessels, goods and other property stranded by
the dangers of the sea, subject, however, to the control
Rulem, of the owners or their agents; and said wardens, act-
ing as said commissioners, shall have power, and use
all exertions to preserve, for the use of the owners, all
wrecked property; and shall follow and observe the
rules and regulations customary..in the.United States,
in similar cases.'
SEC. 8. Be it further enacted, That said wardens
Their compen. may demand and receive as compensation for their
station. services, when acting as Commissioners of Wrecks,
five per cent; of the value.of property rescued, or pre-
served by them;. or ten dollars per day while attending
to such preservation or rescue, in addition to the ex-
Portwardens to penses incurred.
exist only un. SEC. 9. Be itfurther enacted, That no person shall
der this act. be appointed Port Warden for the Port of Apalachico-
eneral repeal, la, or perform the duties thereof, other than those
whose appointment is required under this act; and that








all acts, or parts of acts, conflicting with this act, be,
and the same are hereby repealed.
[Approved 14th February, 1840.


NO. 7-An Act for the relief of Joln Bryan,.
Whereas, it has been made to appear to this Legis-
lative Council, that Amelia Bryan, wife of John Bry-
an, a citizen of Columbia county, abandoned ond eloped mb
from the said John her lawful husband, and is now liv- m
ing in adultery, with one Daniel Fuller: and whereas;
for the last three years, in consequence of the Indian
troubles in that neighborhood, no court, to which appli-
cation could be made by the said John Bryan, for a di-
vorce, has been, or is likely soon to be held, in said
county of Columbia:
Now, therefore,. for the relief of the said John Bryan
SECTION 1. Be it enacted by the Governar and Le-
gislative Council of the Territory of Florida, That
the said John Bryan be, and he is hereby divorced ivOrCe.
from his said wife Amelia Bryan; and that the said
John Bryan be restored to all his rights, as fully as if he
had never been married to his said wife Amelia.
SEC. 2. Be it further enacted, That the children of Children not
the said John Bryan and Amelia, born in lawful wed- renderedillegi.
lock, and before the abandonment of said Amelia, oftimate"
her said husband, shall not, by this act, be rendered il-
legitimate.
[Approved 14th February, 1840.



NO. 8.--Ai Act in relation to Auctioneers.
SECTION 1. Be it enacted by the Governor and Le-
gislative Council of the Territory of Florida, That
-if any Auctioneer who has heretofore been commission-
ed, shall fail to pay into the Treasury of the Territory, pay present .
the amount due by him, on or before the first day of rara, conmois-
August next, his commission of office shall, by opera- annulled
tion of law, be vacated and annulled.









ailurto SEC. 2. Be it further enacted, That if any Auction-
i k. duie r,- eer, who shall hereafter be appointed shall fail to make
tun,:s ;lnd pay- his returns and payments to the Auditor and Treasur-
III,.'!ts to world,
a to1relul*e of er of the Territory, at the time and in the manner pre-
comniission. scribed by law, the Auctioneers so failing or neglect-
ing, shall, in addition to the pains and penalties pre-
scribed by law, forthwith forfeit his commission as Auc-
Proviso. tioneer : Provided, that no commission to fill a vacan-
cy thus occurring, shall issue until three months after
the time prescribed by law, for the making of the re-
turn.
[Approved 14th February,, 1840.


NO. 9.-An Act to repeal the first Isection of an act, entitled an act provi-
ding for removal ofJustic-s of the Peace in certain cases, and for other
purposes," approved Feb. 14, 1935.
Be it enacted by tAe Governor and Legislative
ast section ,' Council of the Territory of Florida. That the first
fcr rioval of section of "an act providing for removal of Justices of
J'atice, reeof t the Peace in certain cases, and for other purposes," ap-
ed. proved February 14, 1835, be, and the same is hereby
repealed.
[Approved 14th February, 1840.



NO. 10.-An Act to incorporate the members of the Apalachicola Library
Association.
SECTION 1. Be it eniacted Inj the Gorernor and Le-
gislative Council of the Territory of Florida, That
Thos. H. Thompson, L. S. Chittenden, A. K. Allison,
B. F. Nourse, J. B. Browne, C. E. Bartlett, R. J.
Floyd. John Trevott, J. C. B,-ote. Robert Myers, C.
Salisbury, R. G. Porter, Benj. Hurd, H. R. Taylor,
A. Crook, Geo. F. Baltzell, Lewis Leland, W. H.
Brockenhrough, R. Robinson, A. G. Semmes, E.
Incorporation. Wood, H. W. Terry, V. G. Porter, H. Manley, V.
Vallain, C. G. Holmes, H. B. Stone, George W. Ross,
David G. Raney, Thomas Baltzell, Henry White, H.
W. Brooks, and such other persons as they may here-








after admit into their company, agreeably to such rules
and by-laws as they may establish for the beneficial
and orderly management of their institution, shall be,
and they, their successors and assigns, are hereby de-
clared to be one community, corporation and body
politic, for twenty years hereafter, by the name of "The
Apalachicola Library Association," and by that name pilt,, I ;oq
they shall be, and are hereby made able and capable in prop:e:.
law to have, purchase, receive, possess, enjoy and re-
tain to them, and their. successors-, lands, tenements,
rents, annuities, pensions, and other hereditaments.
in fee simple, or for a term of years, life, lives or oth-
rwise, and also goods, chattels and effects of what
nature or kind soever, and the same to grant, de-
mise, alien, or dispose of, and by the name aforesaid, to
do and execute all other things touching the same: Pro-Proi
vided, that the clear yearly value of the real estate of
said corporation, exclusive of, any house which they Its yearly vai
>1Ue (10 not, ex
may hereafter possess for the keeping of books, maps. ceed
and other effects of the company, exceed not the sum
of three thousand dollars.
SEC. 2. Be it further enacted, That the said com-
pany, and their successors, by the aforesaid name, rowers:
shall be for twenty years hereafter, able and capable years.
in law, to sue and be sued, plead and be impleaded,
answer and be answered, defend and be defended, in
any cotfrts of record, or any other place whatsoever:
and also to make, have, and use a common seal, and seaL.
the same to break, avler and renew at pleasure: and
also to assemble and meet, at such times and places as rime and place
they may agree upon, and publicly notify; and to or- of meetings.
dain, establish and put in execution, such by-laws, ordi- Ordinances &
nances and regulations, as to them shall seem necessa- By.Laws.
ry and expedient for the government of the company,
the same not being contrary to the laws of this Territo-
ry, or the constitution and laws of the United States:
and generally to do and execute all such acts, matters
and things, as to them shall or may appertain to do.
SEC. 3. Be it further enacted. That until there shall
be made under this act, an election of officers, necessa- act, &c,
ry to the ends of the institution, those now acting, or








who may hereafter be appointed to act, under any ex-
isting regulations of the company, shall continue so to
do, according to the provisions heretofore made: and
such regulations shall, till lawfully altered, be deemed
as valid and obligatory as if made since the passing of
this act.
[Approved 14th Febrary, 1840.


NO. Il-An Act declaring Blackwater River a navigable stream.
Be it enacted by the Gorvrnor and Legislative
Council of the Territory of Florida, That Blackwa-
svrkatber ter river, in the county, of Escambia, be henceforth
considered a navigable stream,from the mouth of Pan-
ther Creek, to the mouth of the said Blaakwater river.
[Approved 20th February, 1840.


NO. I2--An Act to establish a Board of Wardens, and Commissioners'of
Pilotage for the Port of Key West.
SECTION 1. Be it enacted by the Governor and Le-
gislative Council of the Territory of Florida, That
from and after the passage of this act, the Governor
nointr 5 rt by the consent of the Legislative Council of the Terri-
wardens. tory be, and he is hereby authorized to appoint five
discreet and proper persons to act as Port Wardens
for the port of Key West.
SEC. 2. Be itfurther enacted, That the Port War-
To hold offices dens so appointed, shall hold their offices for the period
for two years of two years, but in case of vacancy by death, resigna-
tion, or otherwise, of any member of said Board of Port
Wardens, so appointed, the board shall be, and they
are authorized to fill such vacancy or vacancies, by the
ancdes on" appointment of such other, person or persons, as may
be advisable and necessary.
SEC. 3. Be itfurther enacted, That the said board
shall, at their first session, appoint one of their. own
Appointment members to be the Master Warden of the port, whose
oMaster.-Wr duty it shall be to see that the By-Laws and regula-








tions of the said board, not conflicting with the laws of
the United States, or of this Territory, are carried in-
to effect.
.SEC. 4; Be it farther enacted, That the said War-
dens, before entering on the duties of their office, shallOah of
.severally make oath in writing, before the Clerk of the a of oc
County Court, to discharge their duties as Port War-
dens, diligently, faithfully and impartially, to the best
of their skill and ability.
SEC. 5. Be itfurther enacted, That the said Board Wardens to ,b
Commissioners
of Wardens shall constitute a Board of Commissioners of Piloiage.
of Pilotage for the Port of Key West, and shall appoint
and license such persons as may be deemed most fit To license.
and proper to act as Pilots for the said port and har-
bor, which persons so licensed,.shall hold their branch-
es during good behaviour, and the said board of com- Pilols to give
missioners shall require from said pilots, such bond arid bo"ds.
security for the faithful performance of the duty requi-
red of him, or them, as the said board of commissioners
shall deem proper, which bonds shall be made payabFe
to the Governor of the Territory, and his successors in
office; and the pilots so appointed, shall take and sub-
scribe an oath, (or affirmation) well and truly to dis- To take oath.
charge the duties required of him or them, as pilots; and
the said Commissioners of pilotage shall have power to
establish rates, and define -rules and regulations for the
government of the pilots, which rates, rules and regu- Rules and rates
nations shall be officially promulgated by publishing in' be pubhed
any newspaper: Provided, however, that they shall Proviso.
not extend to, or have any effect, with regard to the ves- U. S. Mail.
sel or vessels employed in transporting the United
States mail to and from the port of Key West.
SEC. 6. Be it further enacted, That all fees andFees & Rates.
rates of pilotage which may become due, are hereby How recovera-
made recoverable by any Judge or Justice of the
Peace of said .county, having competent jurisdiction.
SEC. 7. Be it further enacted, That the board of
wardens and commissioners created under the provis- Board to keep
ions of this act, shall keep a record of their proceedings,.r'cord,
which record shall be transferred to their successors in








ieg.ulate an. office, shall also have power and authority to regulate
ciiorage. the anchorageof vessels, and to do all other acts and
General pow. things generally done by port wardens of the commer-
rs. cial cities.
SEC. 8. Be it further enacted, That the commis-
4 sioners of pilotage shall have full power to vacate and
revoke the license, of any.pilot, for misbehavior or nonu-
ay revoke Ii. surer 6f such license, or other cause to them appeatingr
just and reasonable for the interest of commerce and
navigation,
SEC. 9. Be it further enacted, That from and after
the licensing and appointing of pilots by said commis-
sioners at the Port of Key West as aforesaid, any per-
in focti son or persons, acting as pilot in-said port, with-
wit'ouIt license out a license from said commissioners, shall be
lined twenty dollars forheacl and every offence, to be
recovered before any Justice of the Peace, in the name
of the Territory, and .t be paid into the Treasury
thereof
SSEC. 10. Be it further enacted, That for examin-
ing, appointing, and licensing, every pilot, the said
board shall be paid the sum of ten dollars, one moiety of
Fee for liccns. which shall be paid to the Master Warden, as a com-
ing, and how
disposed of. pensation for his services, the othor moiety to be retain-
ed by the board, as a fund for the payment of their
.expenses.
SEC. 11. Be it further enacted, That no keper of a
Persons not light-house, or light-ships, shall be appointed pilot of
said port.
SEC. 12. Be it further enacted,` That all acts, ot
parts of actsmgiving power to the County Court of Mon-
roe county, for the appointment of pilots, and of regula-
ting the rates of pilotage at the port of Key West, to-
gether with all acts, or parts of acts contrary to, or re-
Repeal. pugnant to, the true intent and meaning of this act, be,
and the same are hereby repealed.
[Approved 20th February, 1840.







NO. 13.-AnAct to amend an act to Incorporate the Bank of Apalachicola.
SEC. 1. Be it enacted by the Governor and Leg-
islative Council of the Territory of Florida, That Subscription
books of subscription shall be opened, for the purpose opened.
of receiving subscriptions to said stock, ou. the third
Monday of February, one thousand eight hundred and
forty, at Apalachicola, under the superintendance of h
Charges S. Tomlinson, Charles Rogers, Nelson Haw-n' wom,
ley, Joiil W. Rinaldi, and Chester G. Holmes, any
two o, wvhonm hall be competent to perform the duties
of their appointment, and shall keep open the said
books tfr the period of sixty days, unless the stock For6 days u
less, &c.
aforesaid be sooner subscribed for, and shall give cer-
tificates to all persons subscribing, stating the number
of shares subscribed for.
SEC. 2. Be it further enacted, That so soon as the
stock aforesaid is subscribed for, it shall be the duty of
the said commissioners at Apatachicola, to give notice
thereof, and brder an election for nine Directors of "lrc osn 9
said company, within three'months from the time of in months af.
filling the subscription, and the said directors shall sbcr ipion.t
serve until the first Monday of January then next en-
suing; but if all said stock be not taken within sixty Ifstock be not
days from the time of open the books as aforesaid, theCo days,
then it shall be lawful for said commissioners, or any two Comm'isioners
time fto give public
of them, at any time within one year from the time of notice, and the
opening the books of subscription as aforesaid, to give ',ooks to be
kept open un-
notice thereof, by advertisement in one of the newspa- til the stock be
pers of this Territory, and to keep open the books for subcribed for:
the term of six months, or until the whole of said stock
be subscribed for,*and no longer.
SEC. 3. Be it further enacted, That there shall be
paid at the time of subscribing, one per centum on each to be paid at
share subscribed for, and twenty per centum before the the.ime of sub-
bank shall commence operations, the residue to be called also at corn-
in at such time, and in such portions as the Board of Di- menacing oper
rectors see proper, and should a stockholder fail to
comply: with the call of the Board of Directors, when Residue.
properly notified thereof, he shall forfeit his stock, and Forfeiture.
the sum already paid thereon.
3








SEc. 4. Be it further enacted, That the said bank
Branches. shall have power to establish one or more branches or
agencies'thereof, at such times and places as it shall
deem advisable in this Territory,
SEC.. 5. Be it further enacted, That the third,
.fourth, eighteenth, and twenty-first sections of the act
Repeal. incorporating said Bank of Apalachicola, are hereby
repealed.
SEC. 6. Be it further enacted, That if at any time
the said bank shall refuse to pay specie for its notes,
Refusing to pay then this act, and the act to which this is an amend-
speie. ment, shall be subject to amendment, alteration, or re-
peal, by any future Legislature.
[Approved 20th Feb., 1840.


NO. 14.-An Act to amend anUexplain an act entitled "An act to raise a
fund by taxation for the education of poor children;" approved March 2d,
1839.
Preamble. Whereas, the Legislative Council of the Territory
of Florida did, at its last session, pass an act entitled
an act to raise by taxation a fund for the education of
poor children."
And whereas, the first section of said act did pro-
vide, that out of the Territorial tax, and auction duties
hereafter assessed, collected, or received in this Terri-
tory, ten per centumof the amount so collected should
be retained and paid over by the Tax Collectors 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, and
Whereas, owing to a mistake in the engrossing or
copying Clerks, the said first section is not published
as it passed through both houses of said Legislative
Council, but it is published two, instead of ten per
centum. .
Spr centin- SECTION 1. Beit therefore enacted by the Governor
stead of two pr and Legislative Council of,the Territory of Florida,
cent. That the said first section of the act aforementioned, be
so amended as to read ten per centum instead of two.








SSEC. 2. Be it further enacted, That the County
Treasurer of each county in this Territory be, and Duty of cou.
they are hereby required, to make out an account Treasurers.
against the Territory of Florida, for the balance due
to their respective counties, under the provisions of the
said act, as amended by this act.
SEC. 3. Be it further enacted, That it shall be the Duty of th3 AU
duty 9f the Auditor of this Territory, to audit such ac-dir
counts; and that it shall be the duty of the Territorial
Treasurer to pay all such accounts or claims.
SEC. 4. Be it further enacted, That all sums col-
lected by virtue of this act, shall be appropriated for Appropriation.
the purposes specified in the act to which this is an
amendment.
[Approved 25th Feb., 1840.


NO. 15.-An Act to authorize Edwin G. Boothe to establish a Ferry on the
Apalachicola river below Ocheesee.
SECTION 1. Be it enacted by the Governor and Legis-
lative Council of the Territory of Flori la, That Ed-
win G. Boothe be, and he is hereby vested with the right Ferry on the
Apalachicola
and power to establish a ferry, and charged with the River.
duty of keeping the same in repair, across the Apa-
lachicola river, at his plantation below Ocheesee, and
the said Edwin G. Boothe shall continue in the enjoy-
ment of said ferry, for and during the term of five
years: Provided the said Edwin G. Boothe shall so Proviso.
long keep the said ferry in good repair.
SEC. 2. Be it further enacted, That it shall not
be lawful for any person or persons to establish and
keep-a ferry on the said Apalachicola river, within five Limits of Fer.
miles north or south of and at the said place, except it ry.
be for his or her own use, and not for the purpose of
gathering, or receiving toll; Provided, that this act Proviso.
shall not operate to the detriment of any ferry hereto-
fore established.
SEC. 3. Be it further enacted, That it shall be the
duty of the said Edwin G. Boothe to keep at all times Craf.
a good and sufficient flat or craft of sufficient size to




20


Power of re-
Deal.


cross a wagon and team: and that he shall be entitled
to receive such toll as may be fixed by the County
Court of Jackson county; and be subject to the order
of said court, and to any law now in force, or which
may hereafter be passed by the Legislative Council.
SEC. 4. Be it further enacted, That this act shall
be subject to be repealed or modified by any future
Legislature,1State or Territorial.
[Approved 20th February, 1840.


NO. 16.-..An act to authorize R. T. McDavid to establish a ferry across Es.
cambia River.
SEC. 1. Be it enacted by the Govenor 'and Le-
gislative Council of the Territory of Florida, That
R. T. McDaviM be, and he is hereby authorized to es-
'erry across tablish and keep a public ferry across the Escambia riv-
Escambia R. er, at a place known as Miller's Bluff, and that he be
Toll. allowed to charge such rates of toll as may be from
time to time established by the County Court of Escam-
bia county.
SEC. 2. Be it further enacted, That all the rights,
privileges, profits and emoluments of said ferry, be vest-
ed in said McDavid for the term of twenty years;
Duration Provided, he shall keep a flat of-sufficient size and
strength to carry a loaded wagon and team, and shall
comply with the regulations established by the Coun-
ty Court of said county.
SEC. 3. Be it further enacted, That it shall not be
Limits of Fer. lawful for any person or persons, to keep a ferry for
"y' toll, within three miles of said ferry.
SEC. 4. Be it further enacted, That the Governor
and Legislative Council shall at all times have the
rPwer to repeal power, to alter, amend or repeal this act.
[Approved 25th February, 1840.








NO. 17.-An Act for the relief of Wn. G. Davis.
SEC'loN 1. Be it enacted by the Governor and
Legislative Council of the Territory of Florida, Auditr's duty
That the Auditor of this Territory be, and he is here-
by authorized and required to audit, according to the
principles of equity and good conscience, certain ac-
counts of Wm. G. Davis, late jailor for the county of
St. Johns, for fees as jailor, and boardiri of criminals
confined in jail in said county.
SEc. 2. Be it further enacted, That the Treasurer Treasurer's du
of this Territory be, and he is hereby authorized and ty.
required to pay out of the Treasury to the said Wm.
G. Davis, such sum of money as shall be certified to by
the Auditor, to be due on the said accounts.
[Approved 25th February, 1840.


NO. 18.-An Act to incorporate the St. Joseph Academy, in the city of St
Joseph..
SECTION 1. Be it enacted by the Governor and
Legislative Council of the Territory of Ftorida, Incorporation.
That from and after the passage of this act, that Rich-
ard C. Allen, Edward J. Hardin, Peter W. Gautier,jr.,
John C. Maclay, Hezekiah R. Wood, John D. Gray,
John Jenkins, and Hamblin V. Snell, and their succes-
sors in office be, and they are hereby declared to be a
body politic and corporate, by the name and style of
the "Trustees of St. Joseph Academy," and as such, Name.
shall be capable and liable in law to sue and be sued,
plead and be impleaded, and shall be authorized to Powers.
make such by-laws and regulations as may be necessa-
ry for the good order and government of said institu-
tion; Provided, that such by-laws are not repugnant
to the Constitution and Laws of the United States, and proviso.
of this Territory, and for that purpose may have and seal.
use a common seal, appoint such officers as they may Appointment
and removal of
think proper, and remove the same from office for im- officers.
proper conduct, or neglect of duty.
SEC. 2. Be it further enacted, That the said Trus-
tees and their successors shall-be capable of accepting.








and being invested,with allmanner ofproperty,both real
lptghet t hod and personal, all donations, gifts and grants whatsoever,
popert. which may belong to said institution, or which may
hereinafter be conveyed or transferred to them or their
successors, to have and to hold the same for the proper
benefit and behoof of said academy.
SEC. 3. Be it further enacted, That when any va-
cancy may happen, by death, resignation or otherwise,
Vacancies. of any or more of the Trustees of said academy, the
survivors, or remaining Trustees shall fill the same, in
such manner as shall be pointed out in the by-laws
and regulations of said Trustees.
SEC. 4. And be it further enacted, That said acad-
emy shall be known by the name and style of St. Jo-
seph Academy," and shall be situated in or near the
Site, city of St. Joseph, in the county of Calhoun.
[Approved 25th February, 1840.


NO. 19.-An Act for the relief of Rdbert R. Towers.
R. R. Towers
allowed to prac SECTION 1. Be it enacted by the Gorernor and
twice law after Legislative Council of the Territory of Florida,
due exanmina- .
tion. That Robert R. Towers shall and may be allowed to
practice law in this Territory, Provided, he submits to
an examination, as is prescribed in an act approved
10th November, 1828, entitled an act to prescribe the
mode by which Attorneys and Counsellors at law may
be admitted to practice in the courts of the Territory,
and is found duly qualified.
SEC. 2. Be itfurther enacted, That this act shall be
in force from its passage.
[Approved 25th Feb., 1840.


NO. 20--An Act to amend the several acts in relation. to slaves, free. ne.
groes and mulattoes.
SECTION 1. Be it enacted by the Governor and
No person to Legislative Council of the Territory of Florida,
fiui ort ora That it shall not be lawful for any person or persons in
ny negro, &!. this Territory, -to sell to. or in any other way furnish







any slave, free negroe, or mulatto, with fire arms of any
descripi,1n, or gun powder, lead or shot of any kind;
any p)'r s oJr persons odending against the aforesaid
provisions of this act, shall be subject to pay fifty dol-
lars for each and every offence, recoverable with costs enaty $t.,
in any court, having competent jurisdiction of the same,
one moiety of the penalty, to go to the use of the inform-
er, and the other to the county in which the offence
may be committed: Provided, That nothing in this Proviso,
section shall be so construed as to prevent the owner of
any slave, or the overseer, or agent of the owner from
sending a written order by his slave, to procure for him
or them, such articles as he may desire.
SEC. 2. Be it further enacted, That if any owner Masters an
of a slave or slaves, or other person or persons, having guardians sub
charge of a slave, free negro, or mulatto, in this Terri- ject to penalty
tory, shall knowingly permit any or either of them, to
keep or use fire arms, he, she or they, so offending, shall
be liable to pay the sum of fifty dollars, for each and
every offence; to be recovered with cost, in any court,
having competent jurisdiction, one moiety of the pen-
alty to go to the use of the informer, the other to the Povio.
county: Provided, nevertheless, That this act shall
not be so construed as to prevent any owner or other Colored p,:
h fh I f sons may be
person or persons, having charge of slaves, free negroes armedfsor de.
or mulattoes, from arming them in defence of their per- fence by mna
son or property, against the Indians, or any other peo-ters,
ple at war with the citizens ot this Territory.
[Approved 25th February, 1840.


NO. 21.-[A Bill to be entitled,] an act to alter the Boundary Line of Cal.
houn county..
SECTION 1. Be it enacted by the Governor and
Legislative Council of the Territory of Florida,
That the district of country included within the follow-
ing boundaries, shall constitute the county of Calhoun, Calhoun-o c
to wit: Beginning at the base line on the Eastern bank ty.
of the Apalachicola river, running thence west along
said line to the northwest corner of Township one;








Range ten; South and West; thence south along the
line between ranges ten and eleven; to the northwest
corner of township five, range ten, south and west;
thence west along the township line between townships
five and six, to the Wetappa; and thence pursuing the
line already designated as the boundaries of Calhoun
county, to the beginning, as designated in an act to or-
ganize the county of Calhoun, and for other purposes.
SEC. 2. Be it further enacted, That this act shall
take effect from, and after its passage.
[Approved 25th February, 1840.]


NO. 22--An act to amend an act incorporating the Roman Catholic Church
at St. Augustine, called St. Augustine Church.
SECTION 1. Be it enacted by the Governor and
ciihalrr not to Legislative Council of the Territory of Florida,
be forfeited up. That in case no election shall be heWd from unavoida-
on failure to
hold election, ble causes, at the time appointed by the act to which
this is an amendment, the charter of said corporation
shall not on that account be forfeited, but it shall be the
duty of the board of wardens elect, to appoint another
day as near as convenient to that appointed by said
act; and whenever at an election held on the day ap-
pointed by said act, or on the day appointed by said
wardens, the whole number of wardens shall not be
elected, an election to supply the deficiency may be
held as soon after as may be necessary for that pur-
pose, the day of any such election to be appointed
either by the preceding board of wardens, or by the
new board when there shall be a majority elected; and
a ica"ny whenever a vacancy shall occur by death or otherwise,
the board of wardens consisting of a majority thereof,
shall appoint an election to fill such vacancy at such
time as may be deemed most convenient.
SEc. 2. Be it further enacted; That the present
Ihe present number of wardens elect shall until the next annual
board consti. election, or until their successors be elected, constitute
tited legal un.
til their succe. a legal board for the transaction of business, and for
sors be elected all purposes contemplated by said charter; and the acts








and contracts of any such board done or entered into,
or which may hereafter be done or entered into by the
same with other persons, shall be good and valid in
law.
SEC. 3. Be it further enacted, That the third sec-
tion of the act to which this is an amendment be, and Repeal.
the same is hereby repealed.
[Approved 25th February, 1840.


NO. 23.-An Act for the relief of George D. Fisher.
Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the Au- Auditor and
editor and Treasurer be and thfy are hereby authorized theorized to al-
to allow and pass to the credid of the said George D. low G. D. Fish.
Fisher the sum of one hundred dollars, the amount of hisr 100
account against the Territory, heretofore allowed by
the Judge of the District of West Florida, and coun-
tersigned by the Clerk ot the Superior Court of Es-
cambia County-and which is deemed just and correct.
[Approved 25th February, 1840.


NO. 24.-An Act to incorporate the Town of Iola.
SECTION 1.. Be it enacted by the Governor and
Legislative Council of the Territory of Florida, That
all the free white inhabitants, who are citizens of the Limits of Iown
United States, and over the age of twenty one years, incorporation.
residing on Section Four, Township Four, of Range
Nine, South and West, in the County of Calhoun, in
the Territory of Florida, and their successors be, and
they shall forever remain from the passage of this [act,]
a body corporate by the name and style of "The Town
of lola," and by that name may sue and be sued, plead Powera nd
and be impleaded, may have and use a common seal, rights.
and do all other acts as natural persons, and may pur-
chase and hold real, personal and mixed property, and
dispose of the same for the benefit of said corporation,
SEc. 2. Be it further enacted, That the Govern-








ment of said Town shall be vested in a Mayor and
tayor a coun Council, to consist of a Mayor and four Councilmen,
who shall have full power and authority to pass all
To pass ordi. such by-laws and ordinances as may be necessary for
dances. the due regulation and proper government of said city,
not repugnant to the laws of this Territory or of the
To regulate po United States, and for the regulation of the police
ee. thereof, they shall have power to abate and remove
nuisances, to license and regulate retailers of goods
To license, and spirituous liquors, taverns, theatrical and other
public amusements, to prohibit gaming, to establish
and regulate burial grounds for the use of said town, to
sink wells and erect and repair pumps in the streets or
public squares, to erect and repair market-houses and
public scales, and to regulate weights, to appoint whar-
fingers and harbor masters, and prescribe their du-
Tarfiars tc ties, to regulate the anchorage and mooring of vessels,
Regulate anch- and provide for the preservation of the health of the
atros. people of said town, to establish and regulate patrols,
to regulate the storing of gunpowder, to restrain and
Lotteries. prohibit tipling and disorderly houses and lotteries, to
Tippling house.
es. establish schools, to build school-houses and superin-
s'oolompan. tend the same, to organize fire companies, to purchase
ies. fire engines, build engine houses and do all other acts,
matters and things which the necessities and welfare
of the said town may require. And for this purpose
they shall have power to levy taxes on persons and
To tax. property, real, personal and mixed, residing and being
within said corporation in the manner hereinafter des-
cribea, they shall have power to make contracts which
To make con. shall be binding on said corporation, to borrow money
tracts, and contract debts, to buy and to sell, and in the name
and on the behalf of said corporation, they shall have
el-ctions of power to judge of the election returns of the Mayor
Of qualifica. and of his qualifications, and of the election returns
.tion. and qualifications of the members of their own body,
May expel a and may expel a member on.a vote of two thirds of
Cmene alten their whole number, for disorderly behaviour, or mal-
dance of mem. conduct in office, they may compel the attendance of
hTiner members when the public weal requires it, and they
shall have power to impose such fines and penalties for








violation of their .ordinances or for non-compliance
therewith, as to them shall seem necessary to give effect
and operation to the powers herein vested, and to a Proviso.
faithful discharge of the duties herein required, provided
no fine or penalty shall exceed twenty dollars,
SEC. 3. Be it further enacted, That all ordinances
and rules passed by the Mayor and Council aforesaid, ordinances &
under the power herein granted, shall be signed by the rules to be sig
ned by the may.
Mayor and attested by the Clerk, and published with- or and Clerk,
out unnecessary delay, by posting them up at three of, to e post
the most public places in said town, or publishing the
same in any newspaper published in the place, and no
ordinance shall be considered to be in force until two
weeks after such publication, and all publications in
newspapers shall continue for at least three times.
They shall cause to be kept a regular record of their Record.
proceedings,. which shall be open for public inspection, Yeas & Nays:
and upon which the yeas and nays, on all questions,
shall be recorded at the request of any two members.
SEC. 4. Be it further enacted, That annually at
the first meeting of said Mayor and Councilmen, or so
soon thereafter as may be deemed proper, they shall Ocers
elect a city Treasurer; Clerk and Marshal,.and such
other city officers, as may be deemed necessary to give
effect to their powers and regulations, and facilitate a
discharge of their duties as required by this act, the
said Mayor and Councilmen shall prescribe ih:ir du-
ties, fix their salaries, and may the same dismiss at plea-
sure.
SEC. 5. Be it further enacted, That it shall be the
duty of the said Mayor and Council to hold their
meetings'in public (except when in their opinion the Meetings.
public good may otherwise require) at stated periods,
and at such places as may be designated for that pur-
pose. The Mayor shall be President of the board, and mayor.
in his absence from town, or disability, a majority ot
the council may appoint from among their own body
a mayor who shall have power protempore to do all Mayor pro teUa
the duties prescribed by this act of the mayor, and
shall have the same compensation that the mayor
would have had for the same services.








SEC. 6. Be itfurther enacted, That the mayor shall
Duties of May preside at the meetings of the council, which he may
convene as often as in his opinion the public good may
require; he shall see to the due enforcement of all ordi-
nances of the council, and for these purposes he is
His authority, hereby authorized to call out theposse comitatus with-
in the said corporation, to aid the marshal in the exe-
cution of his duties, and the said Mayor shall be enti-
tlea to receive such salary as the city council may di-
His salary, rect, not to exceed one thousand dollars, to be paid
quarterly by the treasurer, out of the funds of said
corporation.
Qualifications' SEC. 7. Be it further enacted, That no one shall
for Mayer and be eligible for the office of Mayor or Councilman, unless
Councilmen. he shall have arrived at the age of twenty one years,
be a citizen of the United States, housekeeper, and
have resided within the limits of the corporation at
least six months last preceding his election.
SEC. 8. Be it further enacted, That the first elec-
tion shall take place on the first Monday [in] April
.Elections. next, under the superintendance of three householders,
Whenand how citizens of the United States and residents within the
held. limits of said corporation, to be appointed by the Judge
of the county court, and all subsequent elections fbr
Mayor and Councilmen of the Town of Iola, shall be
held annually on the first Monday in January, under
the inspection of persons appointed for that purpose by
the Mayor and Councilhen.
SEc. 9 Be it further enacted, That within five
days after said election, the Mayor elect shall take an
Oath of office oath, or affirmation before any Judge or Justice of the
for Mayor, Peace of the Territory, that he will to the best of his
power, skill and ability, support, advance and defend
the interests, peace and good order of the said "Town
of iola," and faithfully and deligently discharge the du-
ties of Mayor of the said "Town of Iola" during his
continuance in office, and that he will support the Con-
stitution of the United States; and he shall within ten
days from the time of said election convene the coun-
and Council- cil elect, and administer to them an oath or affirma-
men. tion similar to that taken by himself







SEC. 10. Be it further enacted, That at least ten o
days Defore the first Monday in January in each year, yor in to. a
the Mayor and Counci#shall appoint three discreet and o of elect ions
proper persons, who shall not themselves be candidates tionse.
either for Mayor or Councilmen, any two of whom shall
be competent to.act, to be inspectors of the election of
Mayor and Councilmen, and public notice of their ap-
pointment shall be give; by causing the same to be Oath of Insper
posted up at three of themost public places within the or0
limits of said incorporation, arid also the time and
place of holding such election, and such inspectors
shall take an oath, or solemn affirmation that they will
to the best of -ther skill and ability, taithfully and im-
partially discharge all the duties of inspectors of the
election 'of Mayor and Councilmen; and true returns
make, and they shall then proceed to take the ballots of
such persons as are qualified to vote, and to cause the
name of every voter to be taken down and recorded in
a booksto be kept for that purpose, and th#e poll shall How votes are
be open at nine o'clock A. M. and close at six o'clock to be taken, &
P. M., when the ballots shall be told, and the names of
the persons having the greatest number of votes for
Mayor and Coungjmen shall be declared, and the
names of the said Mayor and Councilmen elect, shall Record and no.
be recorded, and notice of their election shall be given tice.
to each.
SEc. 11. Be it further enacted, That if by reason
of the refusal, absence or other unavoidable casualty,
the Mayor elect shall be prevented from performing
the organizing duties by this act required, or by a fai-
lure of election from any cause, it shall in such case be The inspectors
the duty of the Mayor in office to cause a new election to hold a new
to be held by the same inspectors, who shall fortlhwith ilur of t
give at least five days notice of the same, and hold Mayor elect to
another election. for Mayor, conformable to the regu- act.
lations of this act.
SEC. 12. Be it further- enacted. That the Mayor
and Council shall have power, and it is made their duty, Vacancies.
to fill vacancies in their own body by causing an elec-
tion to be held in the same manner as is provided for in
this act. from the citizens qualified to fill the same, and







.the said Mayor and Council shall in all cases continue
Mayor &Coun- their respective functions until successors be elected,
cil to act until
succesors be and qualified into office.
elected SEC. 13. Be it further enacted, That every free
white male inhabitant of the "Town of Iola" of the
age of twenty one years and upwards, who is a citizen
Qualified vo. of the United States, and has resided within the corpp-
ters. rate limits of said town for at least six months last pre-
ceeding the election, shall be qualified to vote for
Mayor and Councilmen. When the qualifications of
any individual about offering a vote are challenged, the
atnsen" mv inspectors may question him on oath, and if it appears
tera. that he does not possess the requisite qualifications,
his vote shall be rejected.
[Approved 27th February, 1840.


NO. 25.-An Act to organize the Independent City Greys.
SECTION 1. Be it enacted by the Governor and
Legislative Council of the Territory of Florida,
That the company of Infantry, in the City of Tallahas-
Independent see, known by the name of the Independent City
City Greys. Greys," be, and the same is hereby constituted an in-
dependent volunteer company, to be called the Inde-
pendent City Greys.
SEC. 2. Be it further enacted, That said compa-
Regulations. ny shall be subject to the rules and regulations, as far as
.the same be applicable, of an act passed _3d January,
1836, entitled an act to organize the Tallahassee
Guards."
officers to con. SEC. 3. Be itfurther enacted, That the officers al-
tinue as here-
tofore. ready elected and chosen by the said company, shall
remain and continue in the respective commands and
grades to which they have been elected, to wit: Ther-
selius Bezeau as Captain, Wm. H. Andrews as first
Governor to Lieutenant, Ed. P. Bowers second Lieutenant, and
commis'n them
if, &a. E. Pool as third Lieutenant.; and if any of the said
officers have not been commissioned, it shall be the du-
ty of the Governor forthwith to commission them.
SEC. 4. Be it further enacted, That said company








may adopt by-laws, rules and regulations, by the voice
of the majority of members, and by the consent of the ByLaws.
Captain,'and shall have power to impose fines on its Fines.
members, for neglect of duty, and may collect the same
by law, in any court qf justice in this Territory, said ble.eco
rules and regulations not to be -inconsistent with the
laws of 'Florida, and those of the United States, and
the rules and articles of war, and this act to bt subject
to alteration, or repeal by any future Legislature;
Provided, That nothing in this act shall be so construed
as to exempt the said company from the operations of
any of the militia laws of this Territory:
[Approved 27th February, 1840.


NO. 26.-An Act, in amendment to an act approved February 34, 1834. con.
cerning tie Authentijation of Conveyanes.
SECTION 1. Be it enacted by the Governor and
Legislative Council of- the Territory of Florida,
That all deeds, conveyances, powers of attorney, and
instruments 'under seal, hereafter acknowledged out uPo'mf aiur of
[of] this Territory, but within .the United States, or the er, or absence
territories thereof, andy with intent to be used or recor- noedgement
ded within the said Territory, shall be acknowledged &c. may be
.fomade before cer
or proved before one of .the commissioners, appointed tai court, of
under the act of this Territory, passed January 24th, record within
I the U. S. or any
1831. and in those cities or counties wherein no cor- Territory.
missioner is or shall be appointed under said law, or in
case of the sickness, death or inability to.perform the
duties of said office of such commissioner, where he
may have been appointed, such acknowledgment and
proof may be taken before the Chief Justice, Judge,
Presiding Justice, or President, of any Court of Rec-
ord of the United States, or of any. State or Territory
thereof, having a seal and a clerk or prothonotary; but
no proofor acknowledgement taken by any such Chief
Justice, Judge, Presiding Justice, or President, shall,
entitle such deed, power of attorney, or conveyance to be
recorded, unless taken within some place or district to
which the jurisdiction of the.court to which he belongs








shall extend; and the place oT taking such acknowl-
Place of taking edgment be by him set forth in his certificate ofacknowl-
to b- ct forth
i certificate; edgment, and also that the court of which he is such
an': aIso that Chief Justice, Judge, presiding Justice or President, is
tlie court is one
of record. a court of record; and the certificate of acknowledg-
ment of such Chief Justice, Judge, Presiding Justice,
or President, be accompanied by the certificate of the
clerk, or prothonotary of the court for which he is such
C ertif neae Judge, Justice or President, under the seal of said
seal. court, that he is duly appointed, or authorized, as such
Judge, Justice or President.
SEC. 2. Be it further enacted, That -the fourth
section of the act entitled "an act concerning the au-
Repeal. thentication of conveyances," approved February 3d,
1834, be, and the same is hereby repealed.
[Approved Feb. 271h, 1840.


NO. 27.-An Act to Incorporate the town of Jasper, in Hamilton County.
SECTION 1. Be 'it enacted by the Governor and
Legislative Council of the Territory of Florida,
That from and after the passage of this act, the free
Limits of town white inhabitants within the limits of Section 7, Town-
ship 1, Range 14, North and East, comprehending the
site of the Town of Jasper," in the county of Hamilton.
in this Territory, be, and the same are hereby declared
a body politic aud corporate, by the name and style of the
Powers and Town of Jasper," with all the rights, privileges, pow-
ightis. ers and authority incident to, and appertaining to a bo-
dy corporate and politic, and by that name may sue and
be sued, plead and be impleaded, hold, possess and en-
joy real estate, personal and mixed property, and trans-
fer the same, and so dispose of. and manage the same,
and the funds of said town, as shall be most beneficial
to the interest thereof.
SEc. 2. Beit further enacted. That William Rob-
erts, Josiah Baisden. Joseph B. Waits, John White-
own warnhurst, and William M. Hunter be, and they are here-
own was by appointed Town Wardens, to be and continue in
office until the first Monday in'January next. at which








time there shall be an election held at the Court House
in said town, for five Wardens, and on the first Mon- 5 wardens.
day in January, in each succeeding year.
SEC. 3. Be it further enacted, That it shall, be
the duty of said wardens to meet once in every month,
in the corporate limits of said town, or as often ,as in
their opinion the public good of said town may require, Meetings.
and at their first meeting, shall appoint one of their l.rdsens to
body Intendant, who shall hold his office until the first dant.
annual election thereafter; Provided, however, that Hris tm.
the said Intendant and Wardens hall continue to ex-
ercise their respective functions until their successors
shall be appointed and sworn in.
SEC. 4. Be it furt4er'enacted,, That said Town Powers.
Wardens may adopt such By-Laws, rules and regula- By-L"ws.
tions, for their own government, and for the govern-
ment of said corporation, as may seenrno them most
compatible to the interest thereof, and they shall have
full plwer and authority to prevent and abate zuisan- Licenses.
ces, and to license the retailers of spirituous hlqupos,
keepers of taverns, public exhibitions, to suppress riots S'dPrip ot,
and disorderly assemblies, and to provide for the punii-
ishment of all persons guilty of breaches of the peace
within the limits of said corporation.
SEC. 5. Be it further enacted, That the said town
wardens, shall have authority to define the objects of Taxation.
taxation, and establish the rates thereof, and provide
for the collection of the same.
SEC. 6, Be it fitther enacted, Thattsaid town
wardens, shall have power to fill all vacancies that acancies
may occur in their body from death, resignation, or
otherwise, to continue until the next annual'election
thereafter.
SEC. ". Be it further enacted, That the Intendant
and two of said wardens, or in the absence of said In-
tendant, three wardens shall constitute a quorum to Quorum.
transact business, and they may compel the attendance
of absent members, and settle their own rules of pro-
ceedingsf .
SECi. 8.- Be it further enacted, That it shall be the.
5








duty of the Intendant to exercise a general supervision
Intendant's du. over the interest ot the town to see that the ordinan-
ties. ces are enforced, to issue all process, to convene the
said town wardens at such times as he may deem ex-
pedient, to preside at'all the meetings thereof, and
Justice of the shall be a Justice of the Peace ex officio within the
Peace ex.oficio limits of said corporation.
SEC. 9. Be itfurthefrnadcted, That the town war-
dens shall have .power to appoint a town constable,
Appointment whose duty it shall be to serve all process, and to per-
and duties of form all such other -duties as may be assigned him, to
constable. suppress riots, and to this end he is hereby vested.with
all the authorities of constables in the magistrates dis-
tricts in this Territory: provided his feeswbe such as
are provided by law for similar services.
Right of ap- SEC. 10 Be it further enacted, That the right of
,1aI. appeal to the Superior Court shall be granted to any
person who may feel aggrieved by any decision under
any Of the ordinances of said wardens; provided he
shall comply with the requisitions required of persons
Provio. taking appeal to Superior Courts in ordinary cases.
[Approved 27th Feb., 1840.


NO. 28.-An Act to change the names of persons therein named.
SECTION 1. Be it enacted by the Governor and Legis-
lative Council of the Territory of Flori i That from
and after the passage of this act, the names of Francis
A. Biggs, David A L. Biggs and Eliza R. Biggs shall
be changed to Francis A. Northrop, David A. L.
Northrbp, and Eliza R. Northrop and by these latter
names shall hereafter be called and known.
[ApproVed 27th February, 1840.


NO. 29.-An Act to repeal an act in addition to an act entitled an act to pre.
vent any person in this Territory from carrying arms secretly. Ap-
proved February 10th, 1838.
Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That from








and after the passage of this act, the act entitled
"An act in addition to an act entitled an act to Repea l of an
prevent any person in this Territory from carrying carrying arms
arms secretly," approved February 10th, 1840, be and secretly.
the same is hereby repealed.
[Approved 2d March, 1840.


NO. 30.-An Act to authorize Rebecca Charles to keep a Ferry on Suwan.
nee River.
[SECTION.] Be it enacted by the Governor and
Legislative Council of the Territory of Florida,
That Rebecca Charles be and she is hereby invested
with all the rights, privileges and immunities, and du-
ties of keeping a ferry on Suwannee River, at the
place known-by the name of Charles' Ferry on said Charle's Ferry,
river, under the same rules, regulations, provisions, on Suwnnee.
privileges and restrictions in every particular, as were
prescribed by law to her deceased husband Reuben
Charles in his life time, and that the privileges and Right extend
rights hereby granted her, shall be extended to the full to five years.
of term of five years from the approval of this act, if
she shall so long keep her said ferry in good repair
and order.
[Approved 2d March, 1840.


NO. 31.-An Act to provide for issuing writs of Certiorari, and to.repeal the
act heretofore passed on that subject.
SECTION 1. Be it enacted by the Governor and Clerks of the
Legislative Council of the Territory of Florida, Superior Court
That the clerks of the Superior Courts in this Terri- ertiorari to
tory, shall have power, upon the application of any parties dissatis-
fied with judg-
party in the County Court or before a Justice of the mens other
Peace, who may be dissatisfied with any judgment in County Courts
Sor Justices of
which he was a party, in either of said jurisdictions, to the Peace.
issue writs of certiorari; provided however, that said Proviso.
writs of certiorari shall in no case operate as a super-
sedeas, unless the party applying for the same, if
plaintiff in the court below, shall first pay all costs








which have accrued in and about said suit, and enter
into bond with ene more sureties to be approved of by
the said clerks conditioned Ior the payment of the
costs which iay accrue in consequence of the obtain-
inm of said 'writ oi' crtiorari; and if ( icifeant in
the court beow shall pay all costs which have accrued
in aad about sa'd suit, and enter into bond with one or
more sureties to be approved of by the said clerks
conditioned tbr the payment of the condemnation mo-
ney, and all damages and costs which may accrue in
consequence of the obtaining said writ of certiorari;
Proviso. and provided also, that all writs of certiorari shall be
The writ to is. sued out within six months from the date of said judg-
sue within 6 ments.
mont lls from
judgment. SEc. 2. Be it further enacted; That "an act to
provide for issuing writs of certiorari," approved Fe-
.Repea'l bruary 12th, 1831, be, and the same is hereby re-
pealed.
[Approved 2d March, 1840.



NO. 32.-An Act to change the time of holding the County Court of Walton
County
SECTION 1. Be it enacted by the Governor and
Legislative Council of the Territory of Florida,
WaltonCounty That the spring term of the County Court of Walton
Court I"reaf. County shall hereafter be held on the third Monday in
ter held on tlJ
third Mond y April, in each and every year, and the fall term of
in Apri on said court shall hereafter be held on the third Monday
in September. of September, in each and every year
SEC. 2. Be it further enacted, That this act shall
take effect from and after its passage; and that all acts
and parts of acts militating against the true intent
Repeal. and meaning of this act, be, and the same are hereby
repealed.
[Approved 2d March. 1840.








TO, 33.-An Act to authorize John- M. McIntosh to establish a Ferry on the
Suwanne! river.
SECTION 1. Be it enacted by the Governor and
Legislative Council of the ITerritory of Florida,
'Ihat John M. Mclntosh be, and he is hereby vested, Ferry across
with the right and power of establishing a Ferry, anti siwannee ri.v
charged with the duty of keeping the same in good o t Mb.
repair, across the Suwannee river at Fort Macomib;
and the said John M. McIntosh, his heirs and assigns, f
shall continue in the enjoyment of the right of saidty,,ri '
ferry, for and during the term of five years: Provided, Proviso.
That the said Mc ntosh, or his heirs and assigns, shall so
long keep the said ferry in good repair.
SEc. 2. Be it further enacted, That it shall be rot-
unlawful for any Lother] person or persons, to estab-ed pratc
lish or keep a ferry within five miles of said ferry, on
the Suwannee river, except it be for his or their own
use, and not for gathering toll.
SEC. 3. Be it further enacted, That it shall be the
duty of the said John M, McIntosh, his heirs and as-
signs, to keep at all times a good and sufficient flat, or
other water craft of sufficient size to cross a wagon craf.
and team, and that he shall receive such a toll as mayTo
be fixed from time to time by the County Court of
Madison county, and be subject to ihe order of said
court, or any future Legislative Council of this Ter-
ritory.
[Approved 2d March, 1840.


NO. 34.-An Act to incorporate the St. John's Silk Company, in East'
Florida.
SECTION 1. Be it enacted by the Governor and
Legislative Council of the Territory of Florida, I"corpo"rated
That Moses Curry, A. D. Wood, Chester Bisber, Oli-
ver Wood, R. B. Gregory, and such other persons as
shall be, or shall become owners and holders of stock Name
in said company be. and they are hereby constituted
and made a body corporate, by the title of the St.
Johns Silk Company of Florida.
SEC. 2. Be it further enacted, That the capital








stock of said company shall be fifty-thousand dollars,
Stock & shares to be divided into five hundred shares, of one hundred
dollars each.
SEC. 3. Be it further enacted, That the company
May hold land, hereby incorporated shall be capable of holding such
c. 'lands and hereditaments as they may acquire by pur-
chase or otherwise, for the purpose of carrying into ef-
fect the objects contemplated by this act.
SEC. 4. Be it further enacted, That the said com-
pany and their successors, by their corporate name,
shall be capable of suing and of being sued, pleading
and being impleaded, defending and being defended,
Powers; answering and being answered, in all courts and judi-
catures whatsoever, and whensoever, and also of con-
tracting, and being contracted with, and of purchasing
and selling real and personal -property when necessa-
ry for the prosecution of the business of said company:
the business of said company shall be managed by a
Six Directors. board of Directors, not exceeding six in'number, to be
How chosen. chosen from amongst the stockholders, at the first meet-
Quorum. ing after the passage of this act; the said directors, or a
majority of them, shall form a quorum for the transac-
President. tion of business, one of whom shall be selected by the
Sretar and others as President of the board of directors, and one
as Secretary and Treasurer, and the said board of di-
rectors shall have power to make all such by-laws,
rules and ordinances, as to them shall appear needful
By.Laws and and'proper, touching the management and disposition
Ordiances. ofthe property, estate and effects of the said corpora-
tion, and all such matters as appertain to the concerns
Proviso. of the company; Provided, the same be not repug-
nant to the laws of the United States, or of Florida.
SEC. 5. Be it further enacted, That the stock of
said company shall be assignable and transferrable ac-
ble accord cording to the rules which may be established by said
to rules estab. board of directors.
Iashed. SEC. 6. Be it further enacted, That the said board
Books subject f directors shall keep at the office for transacting the
a inspection. business of said company, proper books, in which shall
be regularly entered, all the transactions of said com-








pany, which books shall be subject to the inspection
of the stockholders, and the directors, on going out Dtors to ac
of office, shall account to their sucesssors, and pay over over monies.
all monies of the company which remain in their hands
unappropriated.
SEC. 7. Be it further enacted, That this charter
shall continue in force for the term of twenty years Duration
from the passage thereof.
[Approved March 4, 18 40.


NO. 35.-An Act concerning Jurors in the Southern District.
Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after
the passage of this act, it shall be lawful for the clerk
of the Superior Court in Dade bounty, to issue his ve- Jurors may be
summoned a.
nire to the Marshal of said District, to summon any of like from Dade
the legal jurors in the County of Monroe. to attend as rated no th
jurors in the Superior Court of Dade county; and it Superior court
shall be lawful for theClerk of the Superior Court in sitting in eith-
Monroe county to issue his venire to the Marshal of u
the said District to summon any of the jurors in Dade
county to attend as jurors in the Superior Court in
Monroe county; and it shall be the duty of the jurors
in the counties aforesaid to attend the several courts of
the aforesaid counties, when summoned by the Mar-
shal, under the authority aforesaid, and it shall be the MLarshal's dul..
duty of the Marshal to summon the jurors from either of
the counties, upon the receipt of the venire, from the
Clerk of either of the aforesaid counties.
[Approved 2d March, 1840.


NO. 36-An Act to amend an act entitled an act relating to crimes and misde.
meanors committed by slaves, tree negroes and mulattoes.
SECTION. 1. Be it enacted by the Govenor and Colored p
Legislative Council of the Territory of Florida, sonsd iltye o
That if any slave, free negro or mulatto, shall be guilty "tan-"anghter.
of man-slaughter of any white person, or burning any or ofatteapt
dwelling house, store, or cotton house, gin, mill or out upon a white
or accessory








sfr death, house, barn or stable, or shall be accessary thereto, and
being convicted of the same, they shall sulier death.
SEC. 2. Be it further enacted, That if any slave,
free negro or mulatto, shall assault any white woman or
child, with intent to commit a rape, or be accessary
thereto, and being convicted of the same, they shall suf-
fer death.
SEc. 3. Be it further enacted, That the seventh
section. and so much of the thirty eight and thirty-ninth
opeal'. act to which this is an amendment, inconsistent with
the provisions of this act be, and the same are hereby
repealed.
[ Approved2d March, 1840.


NO 37.--An Act to provide for tho compensation of the officers of the Le.
gisI.tive Council and for other purposes.,
SECTION 1. Be it enacted by the Governor and Le-
Appropriation. gislatice Council of the Territory of Florida, That
the following sums be and they are hereby appropria-
ted out of the amount allowed by the United States,
for the expenses of the Legislative Council and other
expenditures, for the year one thousand eight hundred
Sen~~. and forty.
srtar.v for. To J. S. Robinson, Secretary of the Senate, seven
hundred and fifty dollars.
E:ollomglkC. To L. F. Mosher, Enrolling Clerk of the Senate,
four hundred and thirty-three dollars.
Enrolling Clk. To J. 1. Archer, Enrolling Clerk of the Senate, four
hundred and thirty-three dollars.
Enrolling Clk. 'Io W. C. Campbell, Enrolling Clerk of the Senate,
four hundred and thirty-three dollars.
To Alfred A. Fisher, Sergeant-at-Arms of the Se-
Serg t atArms. nate, three hundred and seventy-five dollars, and to
the same for h's account for sundries, one hundred and
eight dollars and fifty cents.
Door Keeper. 'o James Wallace, Doorkeeper of the Senate, three
hundred and seventy five dollars.
To George O. McMullen for stationary and sun-
Stationary. dries, six hundred and ninety-two dollars and sixty-five
cents.








To B. F. Whitner, assignee of J. : Webbi for
printing for the Senate, eleven hundred and eighty-one sPrin.
dollars and four cents.
To James H. Gibson,,Chief Clerk of the House ofHouse Rop.
Representatives, eight hundred dollars. Chief Clerk.
To Robert B. Copeland, Enrolling and Engrossing
.Clerk of the House of Representatives, four hundred Enr. & Eng.
and thirty-three dollars. clerk.
To Neiil McPherson, Enrolling and Engrossing Enr. & Eng.
Clerk of the House of Pepresentatives, four hundred Clerk.
and thirty-three dollars.
To Cervantes Harris, Enrolling and Engrossing Enr. & Eng.
Clerk of the House of' Representatives, four hundred clerk.
and thirty-three dollars.
To A. E. Harris, Sergeant-at-Arms, of the House Srgt.atA rm.-
of Representatives, three hundred and seventy-five dol-
lars.
To Moses Ellis, Doorkeeperof the House of Repre- Dr Keeer.
sentatives; three hundred and seventy-five dollars.
To George K. Walker, for rent of the building used
as a chamber. for the House of, Representatives for Rent.
one year,.twelve hundred dollars.
SEc. 2. Be it further'. enacted That the Gover-
nor cause to be audited and settled,;out of the amount
appropriated by Congreiss for the expenses of the Le-
gislative Council the account of
B. F. Whitner, assignee of J. B. Webb, for the
printing of the acts and journals of the present session, Pritvigofst
when the same shall have been completed in accor- andoun
dance with the terms of his contract, also, to cause to be
audited and settled the account of B..F. Whitner,
assignee of J. B. Webb,.for such miscellaneous print- iscellaneous
ing as may be executed after the twenty-fifth instant, renting.
to the close of the session of the Legislative Council,
and also for the expenses ,of S. Sibley, for any prin-
tingdone by him for the House of Representatives, ac-
cording to his contract, by order of the Clerk of the
House during the present session of the Legislative
Council, and also any other necessary expenses of eack.
House,







SEC. 3. Be it further enacted, That the Goverhor
t~2ohees" to be and he is hereby authorized to allow double per
and Speaker. diem to the President of theSenate, and to the Spea-
ker of the House of 'Repfsentatives, according to
the usage of all legislative bodies, for the present seS-
sion. To J. S. Rooinson, Secretary of the Senate;
oF O initaret two hundred dollars for taking care of the furniture
and papers of the Senate and House of Representatives.
To S. S. Sibley, for copies of the Floridian furnished
the senate during this session, thirty dollars.
Contingent ex. SEC. 4. To contingent expenses incurred by the
penses. House of Representatives, the sum of four hundred
dollars, which the Governor is hereby requested to dis-
burse and pay.
[Approved 2d March, 1840.


NO. 38.-An Act to incorporate the City of Tallahassee.
SECTION 1. Be it enacted by the Governor and Le-
gislative Council of the Territory of Florida, That
all the free white -male inhabitants, over the age of
twenty-one years, comprehended within the section
thirty-six, township one, range '[one,] north of the
City limits, basis parallel, and west of the meridian, in the coun-
ty of Leon, and district of MAiddle Florida, and their
successors be, and remain a body, corporate, by the
name and style of the City of Tallahassee; and by
ierporation. their corporate name may sue and be sued, implead
and be impleaded, and do all other acts as natural per-
sons, and may purchase and hold real, personal and
mixed,property, and dispose of the same for the bene-
fit of the said city.
SEc. 2. Be it further enacted, That the govern-
City Council. ment of the said city, shall be vested in a City Coun-
cil, composed of an Intendant and eight Councilmen,
.Qualifications each of whom shall have the qualification of being the
o. proprietor of a lot; and shall have resided twelve months
within the limits aforesaid, in order to fill either of
said offices.
SEc. 3, Be it furtherenacted. That the said City








Council shall have full power and authority to pre-
vent and remove nuisances, to licence and regulate re- oicn,,
tailers of goods and liquors, and taverns, to restrain or
prohibit all sorts of gaming, to licence and regulate
theatrical and other public- amusements, to establish
and regulate markets, to direct the safe-keeping df the
standard of weights ,and measures appointed by Con-
gress, to provide and regulate burial grounds for the
use of said city, to sink wells, and erect and repair
pumps in the streets and public squares, to erect and
repair market-houses and public scales within the
aforesaid limits, excepting the capitol square, and otlier
public squares in said city, which shall be kept open
and clear of buildings, and only be under the jurisdic-
tion of said corporation, for the original purpose for
which the said squares were designated, to establish and
regulate patrols, to regulate the storing of gun powder,
to tax and licence hawkers and peddlers, to restrain
and prohibit tippling houses and lotteries, to provide
for the establishment of public schools and seperinten-
dance of them, to restrain and punish vagabonds and To restrain &
disorderly persons, and the disorderly conduct of ne- 1pnnish.
groes and persons of colour, and generally to provide
for the interior police and good government of said
city; and shall also have power and authority to drain o caal, a&.
swamps by canal or otherwise, and remove such ob-
structions as may be considered prejudicial to the
health of said city, within the same andwithout, to the
extent of one mile, in any direction; provided, that if it
should be necessary to pass through any individual's
enclosure, without the city of Tallahassee, for the above
recited purpose, that the party who considers himself Relier to inju.
aggrieved, shall have the- right to have such damage rd ad process
assessed by a jury of twelve freeholders of the county
of Leon, residing without the City of Tallahassee,
and such damages as they award shall be pai4 by the
City of Tallahassee, together.with such other expen-
ses as may occur in summoning said jury.
SEC. 4 Be it further enacted, That the jury
shall be summoned by a constable of the district, Qo,
a warrant of any Justice of the Peace, directed-to hinr








for that purpose, in the same manner as is now provi-
Award of jury. ded by law in Justice's Courts, and the jtiry shall make
their ..return, sealed up, to said Justice, upon whose
verdict the Justice slall issue execution as in cases of
debt.
SEC. 5. Be it further enacted, That the said City
Council shall have power to levy a tax for the purposes
Ta'.ation. recited in the )preceding sections of'this act; in such
nianner and under such circumstances as the said coun-
cil shall conceive least' burthensome to the citizens,
provided the tax on real estate in ,the said city, shall
not exceed one per cent on the assessed valuation, and
to provide for the collection, thereof,and shall have
power to make. and pass all such ordinances, -and to
impose such fines and penalties for infringements there-
6f,'on non-compliance therewith, as shall to the said
city council seem necessary to give effect and operation
to the powers, and 'regulation to the duties heiein,, and
hereby given and imposed to and upon the said corpo-
ration or city council, any law of this Territory to the
Prov~o, contrary notwithstanding; provided further, that no
capitation tax be levied on persons not entitled to vote
for Intendant and Councilmen, and provided that the
said ordinances and rules shall be signed by the Inten-
'dant, attested by the clerk.
"'SEC. 6. Beit further enacted, That the said City
Council shall have power to coirpel the attendance of
ierl.r" its members, and to judge of the election returns, and
qualification of'the Intendant, and its own members,
and the yeas and nays on every question shall, at the
request of any two members, be placed on the record.
SEc. 7. Be it further enacted, That the said city
council shall have power to elect a treasurer, clerk,
arnu such other officers, as to the said city council may
it officers and seem necessary to give effect to the powers and regu-
Their salary. nation to the duties by this act given to, or imposed
upon the said city courcil,.and to determine the sala-
ries of the said officers, and the same to dismiss at plea-
citv coan. ~ ire, and two thirds of said city council may expel a
iia,- p.l a member ('f the said council, for disorderly behavior,
mewn-e. or aieonduct ih office.








SEC. 8. Be-it furtlier enacted, That it shall be
the duty of the said city council; to cause to be kept ToIkoop a re
regular records of their proceedings, and of their ordi,
nuances, rules and regulatioAs, and they shall promul-
gate their ordinances Without unnecessary delay, by
posting the same at the common market place, on the To publish or.
Capitol, or at the -door of the council room, or in any dmanCs.
newspaper in* said city, so that the same be exposed to
public view at least four weeks.
SEc. 9. Be it fui-ther enacted, That it shall be the Meetings.
duty of the said City Council to hold their meetings in'.
publc, and at such times and places as to the said Coun.
cil may seem fit, and.the Intendant shall be President of
the board, and in the absence or disability of the Inten-
dant, a majority of the Council may, on any occasion,
appoint from among their number, an Intendant, who
shall' have power protempore, to do the duties of In-
tendant, Provided, however, that a majority of the
City Council, then present, may sit with closed doors,
whenever they may deem the public interest requires it.
SEC. 10. Be itfurthlr enacted, That five of the QuoruI .
said City Council shall form a quorum for the transac-
tion of business.
SEC. 11. Be it further enacted That it shall be
the duty of the said City Council to exact froin the tiu r'sd
Treasurer, at least four tines in each calendar year, a
statement of the receipts; and of the expenditures of
monies, andof the, sums of money due to and from the
said corporation, and to certify the-same to be correct,
if on examination, such statement is fond to admit of
such certificate, and to require a report' f stock and
other property of said city committed to his charge.
SEC. 12. Beit further enacted, That it shall be the !ndant's du.
duty of the said Intendant, to see that the ordinances
of the Council are duly executed, and to call a meet-
ing of the Councilmen, when, in his opinion, the pub-.
lic good may require it, and shall lay before the coun-"
cil 1fom time to time, in writing, such propositions as
he may deem advisable for the welfare of the said cor-
poration, and the said city council shall have powi4kto,
adjourn from time to time.








SEC. 13. Be it further e acted, That the said Iri-
Council's oath tendantshall, within'five days after his election, take
o0 office. -
an oath, or solemn affirmation, before any Judge, or
Justice of the Peace of this Territory, that he will, to
the utmost of his power, support, advance and defend,
the interest, peace and good order 6f the city of Talla-
hassee, and faithfully and diligently discharge the du-
ties of Intendant of the said city, during his continu-
ance in office, and that he will support the Constitu-
.tion of the United, States. And' he shall, within the
'aforesaid term of five days after the election, convene
the councilmen elect, 'and administer to each of them,
an oath or affirmation similar to that taken by him-
self.
Treasurers du<. SEC. 14. Be itfurther snacted, That the Treasur-
ties. er shall receive all monies..due' and owing to, the said
corporation, and he shall keep an accurate account of
the same; and all money paid out.for, or on account
of, said corporation, shall be paid by the Treasurer, on
an order of the council, attested by the clerk, and
countersigned by the -Intendant.-
Manner of ho .SEC. 15. Be it further enacted, That elections for
ding elections. Intendant and Councilmen shall be holden on the first
-Monday of January, in each -and every year, and the
said election shall be held under the inspection and su-
perintendance of three -inspeitors, who shall be judi-
cious and-discreet persons, and the votes shall be giv-
en by ballot, but no jadge of election shall be qualified
to -run for the office-of Intendant or City Councilman,
or shall be eligible tosaid offices. or either of them, at
the time he is so. judge of -election, Provided, always,
That the Intendant and' Councilmen in office shall re-
main in office until the next annual election, and un-
til their successors are duly qualified.
SSEC. 16. Be it further enacted,- That it shall be
And votng. the duty of the said inspectors, or any twoof them, to
receivee the votes-and and to-caiise the name of every
voter to he taken,down, and inscribed in a book to'be
kept for that purpose, and to cause the.poll to be held at
such place as they,-oi any two of them.may think prop-
er. and tobe open. add continue. open froe nine o'clock





47
in the morning util: five in the eveniaghen th6al-
lots shall be told, and the name "of the- person having
the greatest number of votes for ;-tendant,'al:l be
declared, and the- names of tfre persons having, the
greatest number iof vtes for councilketfl shatlk e de-
clared, and the name of the said.jafndarit ald'coun-
cilmen elect, sballbe recorded, wan*:ntee f their elqj-
tion given t6 eachkthem..
SEC. 17. Be it. further enterFtd ,That it shall be pI nted.
the duty of the said city council~ t lest. two weeks
previous to the day appointed for Att tioni to appoint
the inspectorsof,election 'by this.-act required, and to
notitf them of suchWappitineftit, and themaid ihspec-
tors shall give.public :tio t withiathre days thereaf- Duties-
ter, by posting up at the market,'ind.',threzt different,
places, of the-time and place o( such electioir '
SEc. 18. Be it ftuther enacted, 'That if by reason ,e election
of the refusal, absence, or other unavoidable casualty, for Intdldant;
the Intehdant elect, shall be prevented from performing,
the organizing dutiesof, this act required; it shall in
such case be the duty of the Intendant in office, to cause,
a new electiodnto be held by the same inspectors, who
shall forthwithgive' at liiaan on:: eeks notice of the
same, and hold another r. tle fon.or ntndant, conform-
ably to this regulatibti 'I
SEC. 19. B. ifitr-lrAiter te That thesaid In-
tendant and City ounciinen shall have power to fill
vacancies in theirs on body,;by causing an election to Fr coun"-
be held in the same manner, as igv provided for in this
act,, out of the citizens qualified to'fill tlt same, and that
fhe said Intendant and City Couiniliren, shall, in all ca-
ses, continue their respective functions until their succes-
sors be,elected and qualified intdiffice. ; -" '
SEC. 20. Be it further, enaeted;t That every white
male inhabitant who is:a citizenf of the United States, Quafificatios
of, the age of twenty-ond&years, or .uOwards, who shallol. "er
have resided twelve months-witnin the limitt"ji ve de-
scribed and every white male- persorr who shall have
resided twelve moutha'within the county of Leoneon and
ix months in the. City :of Tallahassee, and shall "h e
paid all taxes-and dues assessed on him by the said*.








portion, shall be entitled to vote'for Intendant and
Councilmen for the said corporation.
,SEc21. B it further enacted That all other laws
.incorporating the City of Tallahassee, heretofore pass-
Repeal ed, and now in force, be and the same are hereby repeal-
ed, and this act'shall be in force from and after its ap-
ryoval by the Governor.
[Approve 2d March, 1840.

br. 39.-An Aot -tprinoorporate the .Appalachicola Mutual Insurance
S. Company.
SECTION '1. R Be it enacted b tlh Governor and
Legislative COenwcl of the 'lrritory of Florida,
That Charles S.'Totlinson, Benjamin Hurd, Benjamin
Elltsoi,'0lizur Wood, George F. Baltze]l,.John Gorrie,
Hiram' Nourse, Henry R. Taylor, Hiram W. Brooks,
W~illiaim G. Porter, Daiid G Raney, D. K. Dodge,
Gabriel J Floyd, George, L. Middlebrook, David 0.
Churchill, John Dill. E. S. Hamilton, and all other
persons who may hereafter associate with them, in the
manner herein prescribed, shall be a corporation by
the name of "the Appalachicola Mutual Insurance
Things insura- Company," for the purpose of insuring their respective
bl. dwelling houses, stores, shops. and other buildings,
household furniture, goods, wares, merchandise and
other property. against loss or damage, and their and
each of their ships, steamboats And other vessels in
transit, from loss or damage by fire or other casualty,
and by that name they and their successors may have
owers &right. perpetual succession, and shall have power to sue and
be sued, and to defied. and be defended, in all courts,
whether in law or qliity, and by that name may .also
'have, purchase, possess and enjoy to them and to their
successors, lands, tenements and hereditam.ents, goods,
chattels and effects, of what nature and kind soever,
necessary for the purposes of lthisrorporation, and the
same may grant, demise, alien ad :dispose of at plea-
sure, for the::benefit of said company, and may also
have a common seal, and alter and renew the same at
By.Laws. pleasure, and alo may make and establish such by-








laws and regulations as to them shall seem necessary
and expedient for the well ordering and government of
said institution, and put the same into execution; pro-
vided that they be not contrary to the organic law of
this Territory, or to the constitution of the United
States.
SEc. 2. And be it further enacted, That all perl
sons who shall insure with the said corporation, and
also their heirs, executors, administrators and assigns,
continuing to be insured in said corporation, as hereinaf-
ter provided, shall thereby become members thereof, Thensured
during the period they shall remain insured, by said
corporation, and no longer.
SEc. 3. And be it further enacted, That all the
affairs, property and concerns of the said corporation,
shall be managed and conducted by thirteen Directors, 13 Directors,
who shall continue in office for one year, and until oth Preid.he
ers shall be chosen in their places, all of whom shall be Duration of of
members of the said corporation, shall take an oath of Oath o office.
office, and choose out of their body a President; all
vacancies may be filled for, the remainder of the year vacancies.
by such person or persons as a majority of the board
of directors for the time being may appoint, and a ma-
jority of the whole shall constitute a quorum for the uorum.
transaction of business; and that the said Charles J.
Tomlinson, Benjamin Hurd, Benjamin Ellison, Elizur
Wood, George F. Baltzell, John Gorrie, Hiram Nourse,
Henry R. Taylor, Hiram W. Brooks, William G.
Porter, David G. Raney, D. K. Dodge, Gabriel J.
Floyd, George L. Middlebrook, David O. Churchill,
John Dill, E. S. Hamilton, shall be the first directors First board of
of said corporation: which board of directors shall Drectors.
hereafter be elected in each year, at such time and
place in Appalachicola, in the County of Franklin, as
the said corporation in their by-laws shall appoint, of
which election public notice shall be given in at least Election.
,Notice given.
one of the public newspapers printed in said county, at Notice giv
least two weeks Immediately preceding such election:
which election shall be holden under the inspection of
three members, not being directors to be appointed pre- Inspectors.
7








vious to'every election by the Board of Directors; and
Vot' shall baemade byy'ballot, and by a majority of the votes
of the members, ot their proxies there present,'allow-
ing to each member one vote for every hundred dollars
insured in said company.
SEC. 4. And be itjurther enacted, That the Boari
SDirectors may appoint a secretary ant such other
The Board to officers and agents as may be requisite for affecting
appoint officers the business of said corporation, and allow them such
fixtheorcompen
action, and rate compensation as they may deem reasonable, and also
ihaurances. determine the rates of insurance, the sum to be insured,
Polices &. to and the sum to be deposited for any insurance.
be signed by SEC. 5. And be itfurther enacted, That all policies
President and or contracts founded thereon, which shall be made or
Secretary, with
or without com. entered into by the said company, may be made either
pan sea. under or without the seal thereof, and shall be sub-
scribed by the President and attested by the'Secreta-
ry, and being so subscribed and attested shall be bind-
Liabilities of ing and obligatory upon the said company; and the
Company. company shall be liable for all loss or damage sus-
tained by fire or other casualty, agreeable' to and on
such terms and conditions as shall be contained in the
policy.
onSEC. 6. And be it farther enacted, That' etery
insu nce. person who shall become a member of said corpora-
Note first de. tion by effecting insurance therein, shall before'he re-
picent'd pea ceives his policy, deposit his promissory note 'for such
a sum of nioney as shall be determined b the Direc-
tors, and that a part not exceeding five "per cent of
said note shall be immediately paid, and the remainder
of said deposit note shall be payable in part or in
whole at any time' when the directors shall deem the
same requisite for the payment of losses by fire or
ether casualties, and such incidental expenses as shall
be necessary for transacting the business 0of said com-
pany; and at the expiration of the term of insurance
said note or such part of the same as shall remain un-
paid after deducting all losses and expenses occurring
during said term, shall be relinquished and given up
Corporation to the maker thereof, and it shall be lawful for said
may loan m. corporation to loan such portion of their money on
hand as may not be immediately wanted for the purpo-







ses of said corporation to be secured by a mortgage security
or mortgages on unincumbered real estate of double
the value of the sum loaned.
SEc. 7. And be it further enacted, That when
any property insured by the said corporation shall be Insurance nima
alienated by sale or otherwise, the policy of such in- be cancelled
upon disposal
surance may be surrendered to the directors of said of property.
company to be cancelled, and upon such surrender the
assured shall be entitled to receive his deposit note or
notes upon the payment of his proportion of all losses
and expenses that have accrued prior to such surren- The policy can
be confirmed to
der; but the grantee or alienee having the policy as- Grantee.
signed to him may have the same satisfied [ratified,]
and confirmed to him for his own proper use and bene-
fit, upon application to the directors and with their con-
sent within thirty days next after such alienation on
giving proper security to the satisfaction of said di-
rectors for such portion of the deposit or premium
note or notes as shall remain unpaid; and by such ra-
tification and confirmation such grantees or alienees Hi privileges
shall be entitled to all therights and privileges, and be and liabilities.
subject to all the liabilities to which the original party
to whom the policy issued was entitled and subjected.
SEC. 8. And be it further enacted, That every
member of said company shall be bound to pay for ambes. f
losses and such necessary expenses as aforesaid, occur-
ing in and to said company in proportion to the amount
ot his deposit note or notes; and all buildings insured
by said company, together with the right, title and in- Property un
terest of the assured to the lands on which they stand, der insurance
shall be and they are hereby pledged to said company;pede
and the said company shall have a lien thereon in the
nature of a mortgage to the amount of the deposit
note which shall continue during his policy, and corn- Tothat extent
mence whenever the said company shall file with, and i from what
have entered in the book of mortgages, kept by the
clerk of the county, where the property is situate, a
memorandum of the name of the individual insured, a
description of the'property, the amount of the deposit
note or notes, and the term for which said policy shall
continue.








SEC. 9. And be it further enacted, That suits of
Pr"on its, Law, or in equity, may be maintained by said corpo-
membels. ration, against any of its members, for the collection
of said deposit notes, or any assessment thereon, or for
Member may any other cause relating to the business of said corpo-
ue corpo. ration also, suits at law or in equity, may be prosecut-
lion. ed and maintained by any member against said corpo-
tation, for losses, or damage by fire, or by the casual-
ties of the sea, if payment is withheld more than three
months after the company are duly notified of such
loss, damage or casualty.
SEC. 10. And be itfurther enacted, That the Direc-
Loi,,s. tors shall, after receiving notice of any loss or damage
by fire, or of any loss or damage occasioned by the ac-
cidents of the sea, sustained by any member, and as-
certaining the same, or after the rendition of any judg-
ment against said company, for the loss or damage as
aforesaid, settle and determine the sums to be paid by
the several members thereof, as their respective pro-
Appointment portion of such loss, and publish the same in such
thereof. manner as they shall see fit, or as. by the by-laws, shall
have been prescribed: and the sum to be paid by each
member, shall always be in proportion to the original
amount of his deposit note or notes, and shall be paid
to the Treasurer within.thirty days next after the pub-
lication of said notice; and if any member, for the
Members fail. space of thirty days after the publication of said notice,
ipg to pay. neglect or refuse to pay the sum assessed upon him as
his proportion of any loss as aforesaid, in such case the
Directors may sue for, and recover, the whole amount
of the deposit note or notes, with costs of suit; *and
the amount thus collected shall remain in the Treas-
ury of said company, subjectto the payment, of such
losses and expenses as have occurred, or may occur
thereafter, and the balance, if any remain, shalf be re-
turned to the party from whom it was collected on de-
mand, after thirty days from the expiration or cancilla-
tion of his or her policy.
SEC. 11. And be it further enacted, That whenev-
er, and as often as it shall happen, that the whole
sessment amount of the funds of the said company, and of the








sums due on the deposit notes held by it, shall be in-
sufficient to pay the whole loss occasioned by any fire,
or marine disaster, the Directors shall assess upon, and
demand from, each member, a further sum in propor-
tion to the original amount of his or her deposit note,
and shall divide the whole amount of the said funds,
deposit note and assessment, among the sufferers by
such fire, or marine disaster, who have been insured by
said company, in proportion to their. losses, and the
amounts by them respectively insured, but no such as-
sessment of a greater amount than- one dollar on every
hundred dollars by the members respectively insured,
shall at any time be made for the loss or damage occa-
sioned by any one. fire or marine disaster; and any a^onemes di.
member who shall pay the whole amount of his or her charge from
deposit note, and of any assessment then made, and sur- tther liabili
render his or her policy of insurance, shall be discharg-
ed from allliability for any loss or damage that may
occur after such payment and surrender.
SEC. 12. And be it further enacted, That no.pol- When policies
icy shall be issued by said company until. application to first iLue.
shall be made fbr insurance to the amount of fifty thou-
sand dollars at least.
SEc. 13. And be it further. enacted, That the op- Bu~in es.
orations and business of the corporation shall be car-
ried on, and conducted, at such place in Apalachicola, here conduo-
as shall be designated by majority of the directors pres-
ent at any regular meeting.
SEC. 14. And be it further enacted, That at every
annual meeting of the said company, the directors for Director. t
the time being, shall make and exhibit a full and true make exhibit.
statement of the affairs and business of the said compa-
ny for the preceding year, [for the general satisfaction
of the members of said company.o endure.20
SEC. 15. And be itfurther enacted, That this act ars, subject
shall 'continue in force twenty years, subject to be alter-to rp and
ed, amended, modified, or repealed by the Legislative
Council, at any time hereafter,,when in their opinion,
the public good may require it.
SEC. 16. And be it further enacted, Thatnothing Banking ex
in this act contained shall be so construed as to author- pressly forbid.








ize the corporation herein and hereby created, to carry
on the the business of banking, as connected therewith,
and such powers are hereby expressly declared to be
contrary to the provisions thereof
[Approved 2d March, 1840.



NO. 40.-An Act to repeal the second section of the act approved 10th Feb.
ruary, 1838, supplemental to several acts incorporating the Bank of Pensa.
cola, and to revive the 8th section of an act to increase the capital of the
Bank of Pensacola, and to amend the laws-incorporating said bank, and for
other purposes, approved 14th February, 1835.
WHEREAS, it appears, that on the 10th day of Feb-
ruary, in the year one thousand eight hundred and thir-
ty-eight, an act supplemental to the several acts incor-
porating the Bank of Pensacola, was passed by the
Preamble. Governor and Legislative Council purporting to release
the stockholders in said bank, who by the charter are in-
dividually and personally bound, for the redemption of
the bonds endorsed by the Territory of Florida for, and
on account of, said bank as is provided for in its charter,
and whereas it is deemed by the Legislative Council that
such amendment is inoperative as to the bonds already
sold in consequence of impairing the security, and
'iiexpedient, as far as it applies to bonds to be hereafter
issued, and whereas there is no evidence adduced to
this Legislative Council, that the said amendment of
the charter was ever accepted by the stockholders of the
said bank, therefore.
SECTION 1. Be it enacted by the Governor and
Rpeal. Legislative Council of the Territory of Florida,
That the second section of an act supplemental to the
several acts incorporating the Bank of Pensacola, appro-
ved on the 10th day of February, 1838, be, and the same
is hereby repealed.
SEC. 2. Be it further enacted, That the eighth
8th Section de. section of the act entitled, "an act to increase the capi-
olared in force. tal of the Bank of Pensacola, and to amend the laws
incorporating said bank, and-other purposes," approved
the 14th'lay of February, one thousand eight hundred








and thirty-five be, and the same is hereby revived, and
declared always to have been, and is continued m full
force and virtue.
[Approved 2d March, 1840.


NO. 41.-An Act to fix the County Site of Washington County.
WHEREAS, A petition from sundry citizens of Wash-
ington County sets forth that the county site of said Preamble.
county is not in the most central part of .the county,
and that a large number of said citizens are dissatis-
fied with the present location of said county site, and
pray that the Governor and Legislative Council might
pass some law to alter the same; Therefore,
SECTION 1; Be it enacted by the Governor and
Legislative Council of the Territory of Florida, Site to be fixed
That it shall and may be lawful for the voters of said by ,te of the
county at the next election for members of the Legis y
lative Council held in said county, to endorse on their
tickets the place where they wish the county site to
be established, ard the place having a majority of al
the votes given in said county at said election, shalili
the place selected for the location of said county site";
and it shall be the duty of the inspectors to make a Duties of in.
return of said votes given according to the provi spectors.
sions .of, this act, one copy to the Governor of the
Territory, and one copy to the Judge of the County
Court, under the same rules and regulations as now
provided for by law.
SEC. 2. Be it further enacted, That it shall be
the duty of the Judge of the County Court to publish Duy of the
the result of said election by posting it up at three or Judge of c. Cu
more of the most public places in said county, within and failing.
sixty days after said election, and in case of the Judge
of the County Court shall fail to publish the same, then
fn that case it shall'be, the duty of the Governor of The Governor
the Territory, upon information given by any one ofto issue Procla.
the Justices .of the Peace of said county, that the mation.
Judge has failed to publish the result of said election
as provided for by the foregoing provisions of this act,








to issue his proclamation in.two or more newspapers,
setting forth the place elected by a majority of all the
votes thus given as aforesaid.
SEC. 3. Be.it further enacted, That it shall be the
Super. & Co. duty of the Judge of the Superior Court of the Apa-
Co. to sit ac lachicola District, and Judge of the County Court of
cordingly. said county, to hold the next term of their respective
courts at the place thus designated by said election
and publication.
Repeal. SEC. 4. Be it further enacted, That all laws and
parts of laws contrary to the provisions of this act, be
and the.same is hereby repealed.
[Approved 2d March, 1840.


NO. 42.-An Act to suspend the operation of the revenue laws for the year
1840, knd to provide for the settlement of all arrears due to and from the
Territorial Treasury.
SECTIOx 1. Be it enacted by the Governor and
Legislative Council of the Territory of Florida,
That from and after the passage of this act, the reven-
ue laws of this Territory shall be suspended, so far as
vnue' laws or ~iey may authorize the assessment and collection of a
he Territory. Territorial revenue for the present year, and no fur-
ther, Provided, that the operation of this act shall
not be construed to extend to the tax on auction sales,
retailers of spirituous liquors, keepers of billiard tables,
Co. tax limi. exhibitors of public shows and pedlars,or to prohibit the
ted. assessment and collection of county taxes, Provided,
said tax does not exceed the Territorial and county tax,
paid under the acts in force, (on the subject of Territo-
Tertorial tax rial andt county taxes) prior to the 1st of March, 1839.
upon BiLliard SEC. 2. Be it further enacted, That all keepers of
Tables, Reta i billiard tables, or retailers of spirituous liquors, shall
le.rs, Pedlers &
Showmentogo obtain from the clerks of the respective County Courts,
to Co. uses. yearly licenses, upon the payment to the clerk of the
amount of the Territorial tax prescribed by this act,
which said amount shall be paid over by the saia clerk,
Penalty and to the County Treasurer, and with the tax upon pedlars
pahishmentfor exhibitors of shows, shall be appropriated -to county
ai.nwithou, t uses; and if any person shall either keep a billiard ta-








ble, or retail spirituous liquois, or exhibit any show, or
S1Penalty and
attempt to sell any goods, wares, or merchandize, as a punahmentfor
pedlar, without first obtaining such license, he shall be acting without
subject to be indicted and tried for. a misdemeanor, lice8nsm
and upon conviction be subject to be fined and impri-
soned, the fine not to exceed five hundred dollars, and
.the imprisonment not to exceed three months.
SEC. 3. Be it further enacted, That the keepers of
every billiard table for public use shall pay annually
fifty dollars, every retailer of spirituous liquors shall Cost oflicense.
pay twenty-five dollars annually for his license, every
exhibitor of a public show shall pay ten dollars per day
for each day he shall exhibit or show, and each pedler
shall pay the same tax in each county where he shall
sell his goods, wares and merchandise, as is now pro-
vided for by law.
SEC. 4. Be it enacted by the authority aforesaid, Duty of coutb
That it shall be the duty of the respective clerks of the., ier.tn ng
County Courts, upon application made to them for li-
censes to keep a billiard table for public use, or to
retail spirituous liquors, to require of the applicants that
they enter into bonds with two good and sufficient se- shall tlke
curities in which the parties shall be bound to the Go bonds.
vernor of the Territory of Florida: the applicant in
the penal sum of one hundred dollars, and each of the
securities in the sum of fifty dollars conditioned for the Penal sum.
keeping and maintaining an orderly and peaceable
house, for which services the said clerks shall be enti-
tled to receive from each applicant for license, the sum
of five dollars for his fees in lieu of all other charges. Clerk's fee.
SEC. 5. Be it further enacted, That the Au- Auditor to em.
ditor of the Territory be authorized at his discretion pioy counsel
to employ counsel other than the District Attornies, to trict Attornies
enforce the collection of any. arrears, that may be due to enforce col.
to the Territory, and to enforce against public defaul-lection.
ters the pains and penalties prescribed by law.
SEC. 6. Be it further enacted, That it shall be the Judges of Sup...
duty of each of the Judges of the Superior Courts, at Cnlurs to gi
each term of their respective courts, to give specially the Grand Ju.
in charge to the Grand Juries, this act and also the actes
8








entitled "An act in relation to public defaulters," ap-
proved March 4th, A. D. 1839.
Treasurrs SEC. 7. Be it further enacted, That in all cases
sue execuibns where a default has been made by any Revenue Offi.
agAinstf J.f cer, it shall be the duty of the Treasurer, sixty days
ng r. vrnue of-
ficers nd their after such default made, to issue his warrant in the
securities, nature of an execution, against the defaulter and the
securities on his bond, for the full amount of the reve-
nue due the Territory. The warrant to be served by
the Sheriff or Coroner of the county in which the de-
fault is made.
Repei. SEC. 8. Be itfurther enacted, That all laws that
come within the purview of this act, and that conflict
with the provisions herein, be and the same are hereby
t to be repealed. And this act shall be in force from and af-
Ifoce rom. ter the first day of March next: provided that nothing
Pcoviso. in this act contained, shall be so construed as to pre-
vent the collection of arrearages of taxes assessed and
due under the act of 1839.
[Approved 2d March, 1840.


NO. 43.-An Act'to amend an act entitled an act to provide for building a
Capitol and for other purposes.
SECTION 1. Be it enacted by the Governor and Le-
gislative Council of the Territory of Florida, That
reeted to altr the Governor be and he is hereby authorized and di-
the terms of erected so to alter the terms of the sales of lots contem-
sale of lots. plated in the second section of the act to which this is
an amendment, as to cause one fourth of the purchase
money to be paid at the time of sale, and the balance
To direct no. o the first day of March A. D. 1841; and to direct
tice of sale. such notice of the sale to be given by hand-bill and
newspaper publication as he may deem expedient.
SEC. 2. Be it further enacted, That it shall be the
Touse lo duty of the Governor, to cause the location of the
ion of land t quarter section of land, contemplated in the first sec-
be made, or dis. tion of the act to which this is an amendment, to be
tioe loca made forthwith, or to dispose of the right of location,
as to him may appear most advisable for the interest
of the Territory.
[Approved 2d AMarch, 1840.








NO. 44.-An. Act to repeal the several acts incorporating the Town. of
Jacksonville.
Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That all acts
and parts of acts now in force, incorporating the Town Jacksonville
of Jacksonville, be and the same are hereby repealed. charter repeal.
[Approved 2d March, 1840.


NO. 45.-An. Act to alter the time of holding the County Courts of Franklin
County.
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 times of holding the Coun-
ty Courts in Franklin County shalr be on the second
Monday in May and November, in each and every Times of hold
ing County
year, and that all laws passed heretofore, fixing the courts in Fran.
time of holding the said courts, be and they are here- klin co
by repealed.
[Approved March 2d, 1840.


NO. 46.-An Ad for the relief of the legal representatives of Francis A.
Rose, late Sheriff of Calhoun County.
Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the Au'
ditor of the Territory, be, and he is -hereby required For the relief
to adjust on principles of equity, the accounts of Fran- of F. A. R
cis A. Rost, late Sheriff of Calhoun County, for ap-
prehending and guarding certain persons charged with
offences against the criminal laws of this Territory;
provided the same shall not exceed two hundred and
twenty-two dollars, being the amount claimed in the
account.
[Approved 2d March, 1844.


NO. 47.-An Act to legalize the election for County Offiers for Jackson
County.
SEcTIo 1. Be it enacted by the Governor and
Legislative Council of the Territory of Flor;--








S That the elections held in the county of Jackson, for a
valid" Clerk, Sheriff, Surveyor, and Coroner, for.said county,
on the second Monday in February, be deemed held,
and considered as valid in law, as if it had been held
on the first Monday in February, as is required by vir-
tue of an act to provide for holding an election for Del-
egate to Congress from this Perritory, members of the
Legislative Council, and other officers, approved Feb-
tuary 17th, 1833.
SEC. 2. Beit further enacted, That the acts which
may be done by the Clerk, Sheriff, Surveyor and Cor-
Acts of officers oner, who may have been elected on the said second
.hal be valid. Monday in Febtuary, shall be as valid in law as if they
had been elected as required by the before recited act,
and 'they shall be entitled to the same fees, privileges
and powers, as they would have been, had they been
elected on the first Monday in February.
[Approved 2d March, 1840.


NO. 48.-An Act for the relief of Joseph Hall.
Whereas, during the year 1836, many volunteers
were called into .the Territorial service, by John H.
Eaton, then Governor of Florida, ard whereas many of
reamble" said volunteers. furnished their 6wn arms; and whereas
the said volunteers were afterwards paid by the United
States, for the aforementioned service: whereas Major
John McLemore, then in command of the said volun-
teers, when on leaving the Block House on the With-
lacoochee did,-by virtue of his authority, cause Joseph
Hall, a private in Captain Bell's company of Hamilton
Volunteers, there to leave his rifle, worth,thirty dollars,
for the better defence of said Block House, which rifle
gun the said Joseph Hall has never since got, nor re-
ceived pay for the same.
Be it enacted by the Governor and Legislative
J. Ha 'sat to Council of the Territory of Florida, That the
be audited and'Governor of Florida be, and he is hereby author.
paid. rized and required to have the said Joseph Hall's
account of thirtydollars, audited and paid by virtue of







an act entitled an act in act addition to the Military
Laws now in force, and that the same be charged by
the auditor, to account for the defence of the frontier.
[App-roved 2d March, 1840.


NO, 49.-An Act to authorize the Judge of the County Court of Alachua
county to appoint a Commissioner to make sales of town lots in the town of
Newuanaville, and to execute and deliver titles for the same to purchasers.
SECTION 1. : B it enacted by Ae ,G.overnor and
Legislative Council of the Territory, of Florida,
That the Judge of the County Courtof Alachua coun-
ty be authorized end empowered, as soon after the pas-
sage of this law as may be convenient,to appoint a com- Commnissionr's
missioner,. whose duty it shall be to sell the unsold town duty.
lots in the town of.Newnansyille aforesaid, and to make
and deliver to purchasers, good and sufficient titles for
the same.
SEC. 2. Be it further enacted, That before such
commissioner shall proceed to sell any of said lots, he
shall give bond, with two or more sufficient securities, Shalgive bon
to be approved by the judge of said County Court, in with securities
the penal sum of three thousand dollars, for the faithful
performance of his duties as said commissioner, paya-
ble to the County Treasurer of said county.
SEC. 3. Be it further enacted, That it shall be the
duty of said commissioner to pay over to the said coun- saHi pay on
ty Treasurer, all monies received by him for, or on ac- Treasurer.
count of any such sales.
SEC. 4. Be it further enacted, That no' title shall
be made to any purchaser of any lot by said comission-
er, until the whole amount of.the purchase money folifie unot to ful
the same, and interest accrued thereon, shall be fully payment.
paid to said commissioner.
SEC. 5. Be it further enacted, That it shall be the
duty of said commissioner, in every case where any
person shall present a receipt or certificate of payment A cyenate fro
for any lot signed by the person heretofore authorized the persOn hqre
to receive such payment, and give such certificate, to "ore tohrise
make and deliver to such person a good and sufficient good for title.








title for the same, and such receipt or certificate shall
be delivered to the County Treasurer.
SEC. 6. Be it further enacted, That in case of the
death, removal or resignation, of any commissioner, it
Comm'r, or his shall be the duty of the commissioner so removed, or re-
representatives
to deliver pa. signed, and the legal representatives of any deceased
p'r:'s to sues. commissioner, to deliver to his successor (or until a suc-
sor or the Co.
Treasurer. cessor be appointed) to the County Treasurer, all notes,
bonds and other evidences of debt received by him, for,
or on account'ofany lot or lots sold by him.
SEC. 7. Be itfurther enacted, That all notes, bonds
not, in sa"bnd other evidences of debt given by the purchaser of
drawn. any lot, or lots, shall be made payable to the commis-
sioner and his successor in office, for the use ofAlach-
aua county, and suit may be brought by any commission-
er on the same, for the recovery of the sum of money
Qmi'rda"T thereby secured to be paid, and said commissioner is
hereby also authorized to bring suit for the use of said
county, against any and every person, who, as commis-
siner heretofore appointed, has sold any of said town
To sue former lots, and not accounted for the proceeds thereof, and al-
Comurmrs. so against any and every person who has previously to
the passage of this act, purchased any lot or lots, and
failed to pay for the same.
Judge C. C. to SEC. 8. Be it further enacted, That the Judge of
audit Comm'rs the County Court of said county, shall audit the ac-
accounts. counts of said commissioner, who shall receive in full
Compensation. compensation for his services, ten per cent. of the
amount of the purchase money received and collected
by him.
SEC 9. Be it further enacted, That all sales of
Manner of sel lots made by said commissioner, according to this [act,]
g shall be done at public auction, giving always thirty
days dotice.
[Approved 2d March, 1840.


NO. 60.-An Act in relation to the Trustees of Leon County.
SECTION 1. Be it enacted by the Governor and Le-
gislative Council of the Territory of Florida, That







the Treasurer of the Territory be and he is hereby
authorized on demand to pay out to the Trustees of Monia rec
Leon Academy the monies now in his hands, arising Scool lands,
from the rents of the school lands, lying within the oPel ad.
township wherein the City of Tallahassee is situated, emy.
to assist said Trustees in building an Academy.
SEc. 2. Be it further enacted, That the Trustees
of said Leon Academy be and they are hereby inves-
ted with the management of the schoolAnds in said r"""aensho
township, and fully authorized and empowered to rent lands for bene.
them out for the term [of] five years or less as they ft of siools.
may deem most expedient, and to appropriate the said,
rents to the support of any schools established by them.
SEc. 3. Be it further enacted, That the said Trus- To prosecute
tees be and they are hereby authorized and.empow- for trespassing
ered to prosecute suits in their own names for all tres Repeal
passes on the said school lands in said township, and
that all laws contrary to this act be and the same are
hereby repealed.
[Approved 2d March, 1840.


NO. 51.-An Act to incorporate the Presbyterian Church of Jacksonville.
SECTION 1. Be it enacted by the Governor and
Legislative Council of the Territory of Florida, That ncorto.
from and after the approval of this act, the Presbyte-
rian congregation at Jacksonville, in East Florida,
shall be incorporated, and be a body politic, by the
name and style of the Presbyterian Church of Jack-
s6nville, and by that name shall be capable and liable
in law to sue, and be sued, plead and be impleaded, de-
fend and be defended, and to have, hold, possess and en- Not to hold
joy real and personal estate; provided the same shall prpert worth
at no time exceed the amount of fifty thousand dollars. ver 5 .
SEC. 2. Be it further enacted. That for the bet-
ter government of said incorporation, 0. Congar, O.
M. Dorman, Harrison R. Blanchard, Stephen Eddy, TrusBtes.
and L. D Miller, be and they are hereby appointed
Trustees of "The Presbyterian Church of Jackson-
ville," to hold their offices as hereinafter directed, and








as Trustees as aforesaid, they and their successors in
Their powers office shall have power in law, and are hereby made
capable in the name of the "Trustees of the Presby-
.terian Church of Jacksonville,.' of buying, selling, ac-
cepting and being invested with all:manner of estate,
real, personal and mixed, all donations, gifts, grants, le-
gacies, privileges and immunities whatsoever, which
may belong.to said church, or may hereafter be trans-
fered, or con~yed to them, or their successors in office,
not exceeding fifty thousand dollars, to have and to hold
the.same for the proper use, benefit and behoof of the
*aid Presbyterian Church of Jacksonville. .
SEC. 3 Be it further enacted, That all the white
s members of said church, shall be deemed qualified elec-
Trustees to be
,', ltd. by tors, at any and every election for trustees, of said
I..nit reinbers church. And that the first election of trustees shall
WVhat tinie.
beheld on the first Monday of January, 184[1,] and
thereafter annually, on the first Monday in January, in
each and every year, unless the trustees shall by their
by-laws fix a different day, of which notice shall be gi-
ven in some newspaper. Fhe trustees hereby appoin-
ted to hold their offices until after the first election,
Proviso, and each subsequent board in like manner to hold until
their successors be chosen; provided if at any time
elections shall .iot be held according to law, this char-
ter shall 'not tlierefore be forfeited, but an election may
and shall be held, at any other time, upon an appoint-
ment made by a 'majority of the white members of said
church and duly advertised.
Charter subject SEC. 4. Be it further enacted, That this charter
to alteratnor shall at all 'times hereafter, be subject to alteration,
modification or repeal by the Legislature.
[Approved 2d March, 1840.






RESOLUTIONS.


NO. 1.
Resolved by the Governor and Legislative Coun-
cil of the Territory of Florida, That thf Secretary
of the Territory be requested to distribute the co, ies
of the laws of the Territory as compiled by John P.
Duval in the following manner, taking receipts for the
same: To the Governor and Secretary of the Terri-
tory each one copy; to every Judicial Officer of the
Territory one copy; to every Clerk of the Superior
and County Court one copy;. and to the Clerk of the
Court of Appeals five copies for the use of said court;
to each District Attorney one copy, to be preserved
and delivered by said officers respectively to their suc-
cessors in office; and one copy to each of the members
of the last and present Legislative Council, and one
copy to the Secretary of &nate and Chief Clerk
of the House of Representatives.
Resolved, That P. A. Hayward be paid out of the
fund provided for the publishing of the laws of the last.
session the sum of seven hundred and fifty dollars, for
binding seven hundred and fifty copies of said compi-
lation.
[Approved 14th February, 1840.


NO. 2.
Whereas, The City of St, Joseph is rapidly increa-
sing in population and commercial importance; and
from the amount of its present exports and imports,
.the enterprise of its inhabitants and their large pecu-
niary investments, there is a -well-founded belief, that
it will continue so to increase with the resources of the.
interior. .
Be it therefore resolved by'the Governor and Le-
9








gislative Council of the Territory of Florida, That
as an act of simple justice to the citizens of St. Joseph,
our Delegate in Congress be instructed to urge the
passage of a law dividing the Collection District of
Apalachicola, and creating a new and separate district,
embracing the City and Bay of St. Joseph, and the
adjacent waters.
Be it further resolved, That a copy of this reso-
lution, after due attestation, be forwarded to the Hon.
Charles Downing, our Delegate in Congress.
(Approved 14th February, 1840.


NO. 3.
PREAMBLE AND RESOLUTIONS.
Whereas, The House of Representatives of the
Legislative Council of Florida, at its last session,
passed an act, allowing James S. Robinson two hun-
dred dollars for taking care of the Capitol, and also
the Senate passed a resolution, allowing the same, and
the Governor refused to audit the same.
Be it therefore resolved by the Governor and Legis-
lative Council of the Territory of Flori la, That the
Commissioner of the Tallahassee Fund be required to
credit and pay the said account of James S. Robinson,
according to the intent and tenor of the above act and
resolution.
[Approved 20th February, 1840.


NO. 4.
PREAMBLE AND RESOLUTION.
Whereas, The intercourse between West and Mid-
dle Florida, and the counties adjacent to the Chocta-
whatchee River, (which is emphatically a river of
eloughs, lagoons and swamps,) is greatly interrupted,
and at sometimes entirely cut off by the difficulties
which exist in crossing said river; and -whereas it is








believed that the expenditure of' a few thousand dollars
by the General Government, in establishing a crossing
place on said river, at some point at or near Bright's
old ferry, that may be found most practicable, and
opening a road from said point, via Alaqua to Almi-
rante, to intersect the road from Blackwater, would re-
move the inconvenience and grievance.
Be it therefore resolved by the Governor and Le-
gislative Council of the Territory of Florida, That
Charles Dowing Esq., our Delegate in Congress, be
and he is hereby earnestly requested to press upon
Congress the expediency and propriety of appropriate&
ting the sum of twelve thousand dollars for the purpo.
ses aforesaid. -i'
Be it further resolved, That a copy of the forego-
ing preamble and resolution be signed by the proper
officers of both Houses, and forthwith transmitted to
the Hon. Charles Dowing, our Delegate in Congress.
[Approved 20th February, 1840.


NO. 5.
Whereas, By an act of Congress, passed the 26th
day of May, 1824,"a pre-emption of one quarter section
each, is granted to the several counties and parishes of
each State or Territory of the United States, where
there are public lands, for the establishment of seats of
justice therein, for said counties and parishes respec-
tively," and in conformity with supposed intention of
Congress, as indicated by said act, the proper authority
of some of the counties in the Territory of Florida,
have located and sold a quarter section of land on
which the seats of justice, of their counties have not
been located, and have applied the proceeds of the
same to the erection of court houses and jails in their
counties. And whereas, from the situations of the lo-
cality, and population of the'Territory in many of the
counties, the location of the seats of justice, on land
belonging to the United States, cannot be made with-
out great inconvenience and manifest injustice to the








citizens thereof. And whereas, in an order emanating
from the general land office, to the land office in this
Territory, based upon the opinion of -the solicitor of
one of the beaureaus of that department, it is declared
that the right to a pre-emption can only be claimed by
those counties which have or may locate their seats of
justice on the quarter section applied for, and that all
locations, otherwise made, are void, which decision will
work an exclusion of a large portion of the counties in
this Territory from a participation in the county,
[county] which it is believed was intended by the go-
wernment, and mich to the injury of those persons who
have purchased land, located and sold by some coun-
ties under a constructionaf the statute different from
that one given by the solicitor.
Be it .therefore resolved by the Governor and Le-
gislative Council of the Territory of Florida, That
our Delegate in Congress be, and he is hereby reques-
ted, to present the subject to the Congress of the Uni-
ted States, and use all means in his power to procure
the passage of a law authorizing the several counties
in this Territory, which have not located a quarter
section for the establishment of seats of justice therein,
to make such location as will be most beneficial to
their counties yvithout reference to the location of the
seats of justice thereon, and to sell the same, applying
the proceeds to the erection of public building, [buil-
dings] of their counties, and also to confirm such sales
as have been made by counties, the proceeds of which
have been vested in the public buildings of their coun-
ties.
fpe it further resolved, That a copy of these reso-
lutions, duly authenticated, be forthwith transmitted to
our Delegate in Congress.
[Approved 27th February, 1840.


NO. 6.
Whereas, the Legislative Council did, on a former
day of the present session, pass a resolution (which was








on the 14th day of February approved. by the Govern-
or,) authorizing and directing P. A. Hayward to be
paid out of the fund provided for the publishing of the
laws of the last session, the sum of seven hundied and
fifty dollars, for binding seven hundred and fifty copies
of the compiled laws; and whereas, it has been repre-
sented to this Legislative Council, that the unexpend-
ed .balance of the said fund is inadequate to meet the
said payment, therefore:
Be it resolved, by the Governor and Legislative
Council of the Territory of Florida, That the Gov-'
ernor be, and he is hereby authorized and directed, td
cause the said amount to be paid to the said P. A.
Hayward, out'of any money appropriated by Congress
for the publication of said Compilation.
[Approved 2d March, 1840.


NO. 7.
Whereas, Christopher H. Edwards, of Madison coun-
ty, in this territory, did, (under ar act of the Legisla-
tive Council, passed at the session in the year 1837,
authorizing the taking, of the census) actually take the
census of the inhabitants of said county,but which cen-
sus,(although afterwards returned,) was not returned in
the time prescribed by law, for which cause, his just de-
mands for said services has not been audited and paid,
for remedy whereof:
Be it resolved by the Govenor and Legislative
Council of the Territory of Florida, That the Au-
ditor of the Territory of Florida do allow and pass the
claim of said Edwards, Sheriffof said county, for taking
the census under the above named act, at the rate of
five cents for each inhabitant, according to the return
made by said Sheriff
[Approved 2d March, 1840.








NO.-8.
Whereas, it has been the policy of the Government
of the United States, to appropriate money for the im-
provement of such rivers as water large tracts of fer-
tile country, the same being more iflly [manifestly]
consistent as well with the interests of the government,
as with those of such district of country; and whereas
the Choctawhatchie river, in its course through the
Territory of Florida, and the contiguous counties of
*Alabama passes through important bodies of fertile
land, which are yet in a great measure unnoticed, and
have never been brought into market, and whereas the
navigation of said river, as far as the mouth of Pea
River, a distant [distance] of about fifty miles, would
tend to make saleable, large bodies of land lying upon
said rivers, and their tributary streams, which would
otherwise, for a long time, remain valueless to the gov-
ernment, and destitute of the population which it is by
nature intended to support; and whereas it is well as-
certained that the expense rendering said river naviga-
ble, as aforesaid, would be small and inconsiderable,
compared with the benefit to be derived therefrom by
the Government, by the Territory, and by all that part
of Alabama which must naturally send its produce to
market upon those waters, inasmuch as the only serious
obstructions consists of rafts of floating timber, not dif-
ficult to be removed, and it being well known that the
said river is abundantly capable of affording sufficient
water for both barges and steamboats, at all seasons of
the year, from the bay of Choctawhatchie, to the mouth
of Pea River, as aforesaid.
Now therefore, be it resolved, by the Governor and
Legislative Council of the Territory of Florida,
That our Delegate to Congress be instructed to use his
best endeavors to procure an appropriation of money
by Congress, for the improvement of the navigation of
the river Choctawhatchie, as far as the mouth of Pea
River.
And be it further resolved, That a certified copy of
4he foregoing preamble and resolution be forthwith cer-








tified by the proper officers of both houses, and forth-
with transmitted to the Hon. Charles Downing, our
Delegate in Congress.
[Approved 2d March, 1840.



NO. 9.
Resolved, by the Governor and Legislative Coun-
cil of the Terrritory of Florida, That our Delegate
in Congress be instructed to procure the passage of a
law to alter the time of meeting of said Legislative
Council, from the first Monday in January, to the fourth
Monday in November, in each and every year.
[Approved 2d March, 1840.


NO. 10.
Resolved by the Governor and Legislative Coun-
cil of the Territory of Florida, That our Delegate in
Congress be requested to procure the passage of a law
for the payment of horses mustered into the service of
the United States, belonging to the citizens of the Ter-
ritory of Florida, which horses have died of diseases,
while in the service, or been shot by accident, or by or-
der of any officer, by reason of being diseased.
Be it further resolved, Thatrour Delegate in Con-
gress be requested to endeavor to extend the provisions
ofsuch law to all cases of like kind, which may have
happened during the campaign of the year beginning
in 1835, and ending in 1836.
[Approved 2d March, 1840.


NO. 11.
PREAMBLE AND RESOLUTIONS.
Whereas, many citizens of Florida have settled on,
and in some cases purchased from the United States,
lands which Were afterwards, by decrees of the courts








of the t. states, awarded torsundry claimants, of large
tracts of country, and the said citizens were -assured,
in many cases, by the officers of the United States, that
those large claims,or grants,would not be confirmed,and
that the settlers thereon would be entitled to the ben-
efit of the Pre-emption Laws, in consequence of which
assurances, many settlers made extensive improve-
ments on lands which were afterwards confirmed as
aforesaid, to large grantees, and which they have been
compelled to abandon, and according. to the regula-
tions of the Land Office, they are prevented from loca-
ting their pre-emptions elsewhere on vacant land.
SBe it resolved by the Governor and Legislative
Council of the ieriitory of Florida, That the Dele-
gate in Congress be requested to procure the passage of
a law giving to all such settlers a right of pre-emption
elsewhere on the public lands in this Territory, on such
terms as may be deemed just and equitable, and that a
copy of this preamble and ses6lution be forwarded to
the President of the Senate of the United States, to the
Speaker of the House of Representatives, and to the
Delegate from this Territory.
[Approved 2d March, 1840.


NO. 12.
resolved, bthe &Lislative Council of the Terri-
toy of Florida, That his Excellency the Governor
be requested to direct,the proper officer, to collect all
arms, accoutrements, and other property, purchased by
the officers ofthe Territory, for equipping the millitia
ordered into service, which has not been returned
by the persons who obtained it.
[Approved 2d March, 1840.


NO. 13.
Resolved by the Governor and Legislative Ceun-
cil of the Territory of Florida, That eight hundred








dollars be allowed to the Private Secretary of the Gov-
ernor, and three }hundlcd doilars for copyiEl Li.e laws,
and one hundred dollars for iiakaig an Inuex, and the
Governor be requested to audit the same.
[Approved 2d March, 1840.


NO. 14.
Resolved, by the Legislalire Council of the Te, ri-
fory of Florida, Th:at some testimonial. a:!l Iniar-k of
approbation, is due from the Governmeint of tdis < un-
try, by which the services of those who defended the
Block House on the Withlacoochee, as well as those
who gallantly, and with a generous devotedness to
the cause of humanity, perilled their lives to rescue
their fellow citizens, who were surrounded by a savage
band, and reduced from their position to a state of de-
spair, should be commemorated, and live in the hearts
of this nation and a grateful posterity.
Resolved, That the Governor of this Territory, be
requested to prepare a medal, commemorative of these
services, and present the same to the ollicers and pri-
vates comprising the said companies, with the thanks
of the people of Florida; and the assurance of the
grateful appreciation in which their services will be
ever had.
[Approved 2d March, 1840,


NO. 15.
Whereas, The late Col. Levin Brown of' Jackson
county, in this Territory, by a long series of patriotic
actions, unremitted zeal and tseady courage, did ren-
der important services to the people of West Florida,
protecting their lives and property from the ravages of
a merciless and savage foe, and as these services were
continued for many years, the recollection of which
still [preserves] his memory in grateful remembrance
among his fellow citizens, and as there is reason to be-
10








lieve that his death was hastened, if not occasioned, by
the exposures and hardships endured in defending the
people, as a commanding officer in the present war,
and it having been represented to this House that dif-
ficulties have arisen, concerning the settlement of his
accounts with the Department at Washington, owing
to the loss of papers, or other aacidents, in consequence
of which his bereaved family is now suffering great in-
convenience, and serious deprivation.
Be it resolved therefore, by the Senate and House
of Representatives of the Legislative Council of the
Territory of Florida, That our Delegate at Wash-
ington be hereby instructed to urge the prompt pay-
ment of the claims of the said Levin Brown, either be-
fore Congress or at the proper Department, as may be
most effective for the immediate relief of the family of
the deceased.
[Approved 2d March, 1840.


NO. 16.
Resolved by the Governor and Legislative Co1n-
cil of the Territory of Florida, That the Delegate in
Congress be requested to obtain the passage of an act
of Congress, organizing an armed force for the defence
of the people, and prosecution of the war in Florida,
based on, and conformable to, the views contained in
the Message of the Governor, dated February 27th,
1840, and .hat said law be urged with all practicable
despatch.
Resolved, That the attention of the President of the
United States, and of the Secretary of War, be res-
pectfully called to the suggestions and plan contained
in said message, and that this Council, in behalf of the
people of Florida, earnestly invoke their aid in calling'
the attention of Congress to the subject.
[Approved 2d March, 1840.








NO. 17.
Resolved by the Gorcrnor and Legistlaice Coua-
cil ofJ tue Territory oJ 'lorida, That the Commis-
sioner of the Tallahassec Fund, be authorized to cart
ry into effect the objects ot the petition of Rt. A. Shine,
presented to the House of Representatives on Friday
the 21ht instant.
[Approved 2d March, 1840.


NO. 18.
Resolced by the Governor and Legislatice Council
of the Territory of Florida, Thai all claims allowed
by the Auditor of the Territory, under the Resolution
of March 4th, 1839, for supplies of subsistence, bfrage,
and transportation which may have been furnished
by any of the citizens of the Territory, for the Terri-
torial troops, shall be transterred to the Quarter Mas.
ter's Department, and the Quarter Master General is
required to pay the said claims out of the funds raised
on the credit of the Territory, for the support of the
troops ordered into service by the Governor.
[Approvedd d March, 1840.


NO. 19.
Whereas, Col. Dempsey Pittman of the Third Re-
giment of Florida Militia, was ordered into the service
of the United States by an officer of the Army of the
United States, to serve during such time as the exigen-
ces of the frontier of Jackson county should require
such service, and whereas the said Colonel Dempsey
Pittman, together with the staff of such regiment, con-
sisting of Samuel Stephens, Adjutant, Thomas M.
Bush, Quarter Master, W. B. M. Ferrell, Surgeon,
who severally performed the same tour of duty, and
were mustered into and out of the service of the Uni-
ted States by an order from Brigadier General Taylor,
commanding the army in Florida, after having served








the period of one month; and whereas pay has been re-
fused to the said Colonel Pitnman and his said staff, on
the ground that the force actually in the field, did not
amount to a full regiment, an omission not attributable
to said officer or his staff.
Be it therefore resolved, That the Delegate in Con-
gress be requested to procure the passage of a law,
providing full pay for this meritorious officer and his
staff, as the field and staff of a full regiment.
[Approved 2d March, 1840.


NO. 20.
Be it resolved by the Legislative Council of the
Territory of Florida, That his Excellency the Go-
vernor of the Territory of Florida, be requested to
pay to Robert H Birry, from the funds under his con-
trol, for the defence of the frontier settlements, the sum
of five hundred and sixty-eight dollars and fifty cents,
for arms and ammunition furnished by him to the Ter-
ritorial troops, by order of the late Governor all.
[Approved 2d March, 1840.


NO. 21.
Resolved by the Legislative Council of the Terri-
tory of Florida, That his Excellency the Governor of
the Territory of Florida, be requested to pay to Betton
and Fisher, from the funds under his control, for the
defence of the frontier settlements, the sum of four
huin red and fifty-nine dollars and seventy-five cents,
for arms and ammunition furnished by them to the
Territorial troops, by order of Ex-Governor Call.
[Approved 2d March, 1840.






INDEX.

A. Page.
AcADEMY-Trustees of Leon-To manage school lands
of St. Joseph, incorporated, 21
Accessory to a rape, colored person, 39
Alachua Co., Judge of, to appoint a Commissioner to sell
lots in Newnansvilie, 61
Alaqua, Alinnrante.and Choctawlatchie road, resolution 4, 06
Amendment to, and explanation of, an act, to raise a thnd
for educating poor children, 18
To an act in relation to slaves, free negroes,
and mulattoes, 32
To an act incorporating the Roman Catholic
Church of St. Augustine, 24
To an act for authorizing Instruments out of
the Territory, 31
Appropriation, act for the expenditures and officers of the
Legislative Council, 40
Resolution, No. 13, for the Governor's Private
Secretary, for copying the laws, and for ma-
king an Index, 72
Apalaehicola, Collection District of; Resolution 2, asking
of Congress to divide and form a new one, 65
Board of Port Wardens and Commissioners
of Wrecks established for, 9
Mutual Insurance Company, incorporated, 48
Arms, Secret; Act of 1838, to prevent the carrying of,
Repealed, 34
Arson, and other burning, by slaves, mulattoes or free
negroes, 39
Attorneys, D;st.; Auditor of the Territory not to employ
them as counsel. 57
Auctioneers failing to make returns; act in relation to, 11
Auction sales; Territorial tax not suspended as to, 56
Authentication of writings, out of the Territory, 31
B.
BANK, of Apalachicola; Charter amended, 17
3d, 4th, 18ih and 21st sections of charter repealed, 18
Sof Pensaaola; 2d sec. of act of 1838, releasing the
liabilities, 54
of Stockholders, repealed, "
8th see, of act of 1835 declared to be still in force, '







Bell, Win. A.; authorized to keep a tbrry and bridge
over Little Bavou, in Escambia county,
His right to bridge over Bayou Grande exten-
dcd to 20 years, "
Berry, R. H.; resolution 20, for his relief, 76
Betton &d Fisher; resolution 21, for their relief, 77
Biggs,.Francis A., David A., and Elisha R., to take the
name of Northrop, 34
Biliiard Tables; licences for, 50
The punishment and penalty for keepers of,
being without licenses, "
Blackwater River; act declaring it navigable, 14
Block House on the Withlacoochec; resolution 14, to
commemorate the events of the, 73
Boothe, Edwin G.; authorized to keep a ferry, 19
Brown, Col. Levin; resolution 15, for the claims of his
representatives upon the U. S. 74
Bryan, John; act divorcing him, 11
Bridge over Bayou Grande, 7
Burning of house, or gin, &c., by a colored person; his
death, 39
C.
Calhoun County; act altering the boundary of, 23
Cap ol ; act to provide further for building a. 58
Certiuoari, writs of; how and when issuable, 35
former act in relation to, repealed, 36
Charles, Rebecca; authorized to keep a ferry on Suwan-
nee river, 35
Choctawhatchic river, for the improvement of the naviga-
For establishing a road to, and cruising place
on; resolution N.,. 4, 66
tion of; resolution No. 8, 70
Commissioner; for sale of lots in Newnansville, 61
His duties and ;al)pointient. "
of Tallahassee Fund, by resolution 3, to pay
account of J. S. Robinson, 66
of Tallahassee Fund, by resolution 17, author-
ized to carry into effect the objects of the
petition of R. A. Shine, 68
Commissioners of wrecks for the port of Apalachicola, 9
Courts, Superior, of Walton county; times of holding, 5
of Dade and Monroe; their juries, 39
Judges of the; to give 42 act in charge to
the Grand Juries and County Courts of
Washington; time of holding.
County of Monroe ; time and manner of holding, a









Courts, county of Monroe, Repeal of its powers over tile
.ilotage and pilots of Key
West, 16
of Franklin; time ,f holding, 59
of Walton; time of holding, 36
County Treasurers; duty of, 19
County Treaserer; to issue executions against defaulting
revenue officers, and their securities, 58
County site of Washington county ; act to fix, 55
County Tax limited, 56
County Clerks to grant licenses, 56
Crimes and misdemeanors committed by colored persons;
act concerning, 30
D.
DADE & MONROE COUNTIES ; juries for, 39
Dav.s, Win. G.; act for the relief of, 21
Duval's Compilation of laws; to distribute, see resolu-
tion 1, 65
E.
EDUCATION OF POOR CHILDREN ; amendment of an act for, 18
Edlwards, C. H.; for the relief of, resolution 7, 69
Ele touis in Jackson county made valid. 59
Executions; former acts respecting, extend over the
Southern Judicial District, 6
F.
FEnY ; authorized across Escanbia river at Owen's
Lake. 5
Fcery ; authorized across the Escambia river at Mill's
Bluff, 20
Ferry and Bridge ; authorized across Little Bayou, in Es-
cambia county, 7
Ferry; across Apalachicola river, below Oclhescc, 19
Ferry ; across Suwannee river, at Charles' Ferry, 35
Ferry; across Suwannee river, at Fort Macomb, 37
Felonies ; act concerning, by persons of color, 30
Fisher, G. D.; act for the relief of, 25
Franklin County Court; times of holding, 50
G.
GovERNOR, the ; duty to issue Proclamation, 55
Governor ; to alter terms of sales of lots, 58
Governor; to give notice of such sales, 58
Governor; to cause location of Quarter Sections of land, 58
Governor; to dispose of the right of locations, 58
Governor; requested by resolution 12, to direct the col-
lection of military equipment, and properly
belonging to the Territory, 71









H.
HOuSES, REMUNERATION FoR; destroyed in the U. ;. ser-
vice, resolution 10, 71
Hall, Joseph; act for his relief, 60
Hayward, P. A.; to pay him for binding laws, resolu-
tions 1 and 7, 65-69
I.
INCORPORATION ; of the Apalachicola Mutual Insurance
Company, 48
Apalachicola Library Association, 12
St. Joseph Acadmy, 21
Lafayette Engine and Hose Company of Key-
West, 8
St. John's Silk Company in East Florida, 37
City of Tallahassee, 42
Town of Jasper, in Hamilton county, 32
Town of lola, 25
lPrsijyterian Church of Jacksonville, 63
Independent City Greys. (of Tallalassce) organized as
VOI ln teers, 30
Instruments of writing, out of the Territory, how author-
Ized, 31
lola, town of; incorporated, 25
J.
JACKSOoVI.L: ; acts incorporating, repealed, 59
Jackson Counlty Officers ; their elections and acts render-
ed valid, 60
Judges of Supreme Courts; to give 42d act in charge to
Ciniid Juries, 57
Judge of W blhigton county; duty of, 55
Jurors; for the Su.perior Courts of Dade and Monroe, 39
Juries, Grand; 42d act to be given in charge to, 57
Justices of the Peace; act repealed for the removal of, 12
K.
KEY-WEST ; Board of Port Wardens and Commission-
ers of Pilotage for. 14
Engine and Hose Company of, incorporated, 8
L.
LAFAYETT ENGINE AND HOSE CO. OF KEY WEST, incorpo-
rated, 8
Land, qr. section of, directed to be located, or the right
sold, 53
Resolution 5, for those counties which have not lo-
cated, for seats of justice; that they may
sell the same and confirm sales already made, 67
4" Resolution 11, for settlers to locate preemptions
on vacant, 91








Laws, resolution 1, to distribute Duvall's compilation of, i5
Legislative Council, resolution U, .;king a law of Con-
gress to have its timcs fl inlcttin .' ,*,ii.;:.d, 71
Leon Academy, act in relation to the Trustres ,f, 62
Licenses, penalty and punishment ft' showmine, billi:tii
tables, pedlars, retailers of spirituous liquors
&c., tbr being without. 56
Lots, terms of sale of, for building a Capitol, altered, 58
in Newnansville, act for the sale of, (i
M
IMANSL.AUGarTER committed on a white by a coloured per-
son,. Lunishmentl of, 39
Masters and (uardians of negroes siibject to peoailty 1or
permitting them to carry arnns, 23
Masters and Guardians may arm ncgrioes in delcltie 'o
property and life, 23
McDavid, R. T. authorized to keep a ferry, '2
Mclntosh. J. Al. 6 37
Miller, J. M. 5
Miller's Biulf, a ferry authorized at, 0
Monroe Co. Courts, time and manner f' holding, 6
Monroe and Dade Counties, grand jurors for, 39
Mutual'Insurance Co. of Apalachicola, incorporated, 48
N
NEGROES, SLAVES AND MULATpTOlES, penalty lor lirti.shling
arms and ammuinitiuo to, 22
Negroes, Slaves and Mulattoes, may be armed by ni;itici
for protection of property and life, 23
Negroes, Slaves and Mulattoes, may fetch and carry
arms and ammunition with written order, 23
Newnansville; act to appoint a commissioner and make
sale of lots i, 61
O
OWEN'S IAKEFEIRRY, established, ,
Officers of Jackson Co.; their election rendered valid, 60
P
PEDLERS, SHOWMEN A. ., taxation of, 5i
penalty and punishment of; for being with-
out license, 56
Pilotage, Commmissioners of. and board of Port Wardens
for Key West, 15
Pittman, Col. Depsey and Staff; resolution 1!, 75
Port Wardens and Commissioners of wrecks l;r Apala-
chicola, 9









Presbyterian Church of Jacksonville, incorporated, oU
Pre-emption, that settlers may locate on vacant lands; re-
solution 11, 71
R
RAPE, punishment of, committed, or attempted, by a black
or a white, 40
punishment of a coloured accessary to a, 40
Repeal of 2d section of"an act to alter the time of hol-
ding the Co. Courts in Monroe Co., 6
of 1st section of act of 1835, "for removal of
Justice of the Peace, 12
of 4th section of "an act concerning the au-
thentication of conveyances;" passed 1831, 32
of 2d section of act 1838, for the Pensacola
Bank, 54
of the 7th section, (and so much of the 38th
and 39th sections as are inconsistent with this
act, )of an act relating to crimes and misdemea-
nors, 40
of act of 1838, tu pjevelt currying arms se-
cretly, 35
of act of 1831, for issuing writs of certiorari, 36
general; of the authority of the Co. Court of Mon-
roe over the pilots and pilotage of Key West, 1(
of acts incorporating thu City of Tallahassee, 48
the Town of Jacksonville, 59
of acts in reference to the sitting of Supreme and
Co. Courts in Washington Co., 56
RESOLUTION No. 1. To distribute Duvalls compilation
of laws, and to compensate P. A.
Hayward for binding them, 65
No. 2. Asking the passage of a law by
Congress to divide the collection
district of Apala.h-icula, and create
a new district, 66
No. 3. Requiring the Commissioner of the
Tallahassee Fund to audit and
pay the account of J. S. Robin-
so)n, tii
No. 4. Asking an appropriation of Con-
gress for opening road, and esta-
blishing a crossing place on the
Chociawhaitchie river, 6t
No. 5. Asking the passage of a law by
Congress to authorize such coun-
ties as have not located land for
seats of justice, to do so, to and









sell the same, applying the pro-
ceeds to the erection of public
buildings, and to co tlilrm the sales
already niade by counties, 6C
S No. 6. To pay P. A. Hayward lor bin-
ding law books, 68
S No. 7. Directing the Auditor ot the Ter-
ritoiy to allow and pass the claim
ofC. 11. Edwards, for taking ctn-
sus, 69
No. 8. Asking an appropriation of Con-
gress to improve the navigation
of the Choctawhatchie river, 70
No. 9. Asking of Congress to alter tile
time of lmeietings of the Legisla-
tive Council, 71
No. 10. Asking the passage of a law by
Congress for the payment of hor-
ses destroyed in the U. S. service, 71
No. 11. Askinog of(t',ongress a law to allow
settlers who have made improve-
ments upon lands subsequently
confirmed to grantees, to be al-
lowed to locate the pre-emptions
on vtc:int lands, 71
No. 12. Requesting the Governor to direct
the collection of military equip-
ments and property belonging to
tile Territory, 72
No. 13. An appropriation for the Gover-
nor's Private Secretary, and for
copying the laws and making an
index, 72
No. 14. Requesting the Governor to pre-
pare a medal commemorative of
the events of the Block House on
the Withlaco ,icee, to be presen-
ted to the olficers and privates
therein engaged, 73
No. 15. Instructing the Delegate to urge
upon Congress the payment of
claims to the family of Col. Levin
Brown, deceased, 73
No. 16. Instructing tle Delegate to obtain
of Congress an Act of War and
Deeince, conlormable to tile mes-
sage of the Governor, 74








No. 17. Authorizing the Commissioner of
the Tallahassee Fund to carry
into effect the objects of the pe-
tition of I. A. Sinue, 75
No. 18 Transferring certain claims for
supplies &c.. to the Quarter
Master's Department, to be paid
out of the funds raised on the
credit of the Territory, for the
support of Troops. 74
No. 19. Requesting a law to be passed by
by Congress for the relict of Col.
Dempsey Pittman & Siafl. 75
No. 20. For lie payment of R. H. Berry,
for arms and supplies furnished to
the Territorial T'oops, 76
No. 21. For the payment of Betton & Fish-
er for arms and supplies furnish-
ed to the Territorial Troops, 76
I.
RETAILERS OF SPIRITUOS LIQUos ; taxation and license of 56
For selling without license-Penally and punish-
ment of, 56
Revenue Laws of the Territory suspended during 1840, 56
Road ; asking appropriation for, by Alaqua Almirantie and
Choctawhatchie; resolution 4, 66
Robinson, J. S.; Resolution 3d, tor the benefit of, 66
Roman Catholic Church of St. Augustine; act amending
its charter, and repealing 3d section of for-
mer act, 24
Ross, Francis A.; act for the relief of the legal represen-
t:ves of, 59
S.
ST. JosEPI ACADEMY, at St. Joseph, incorporated, 21
School Laud ; Rents in Tallahassee Dist, how bestowed, 63
Shine, R. A.; his petition, resolution 17, 75
Southern Judicial District; acts respecting executions
extended over, the 6
St. John's Silk Company ; incorporate J, 17
." Stock transferrable according to, such
Rules as the company may establish, 3d
T.
TAI.LAHASSEE, city of; incorporated, 42
S Independent City Grays o: 30






9

Tax, county; limitation of, 50
Territorial, on fiction sales, retailers, billard tables,
.Shows, and piuditrs, to go to county uses, 56
For the year lt140, suspended, 56
Treasurer of the Teriitory to pay certain school rents to
the Trustees of Leon Academy. 62
W.
WRITS OF CIERTIORARI ; how issueablc, S5
." Former act repealed concerning, 36
Washington County Court; to fix the site of, 55
." Judge ; his duty. 56
Walton County Court; time of holding, i