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Acts and resolutions of the legislative council of the Territory of Florida, passed at the nineteenth session, 1841
TERRITORY OF FLORIDA,
PASSED AT ITS NINETEENTH SESSION.
Which commenced on the. fourth ldri of January, and ended 64
the fourth' day of March, 1841.
BT AI THORI'Y.
C. E BARTLETT, PRINTER. STAR CFFIE.
TERRITORY OF FLORIDA,
PASSED AT ITS NINETEENTH SESSION,
Which commenced on the.fourth dvIv of January, and ended ,4
thefourth day of March, 1841.
4C E BARTLETT, PRINTER. STAR OFFICE.
ROBERT RAYMOND REID,
WILLIAM P. DUVAL,
JAS. S. ROBINSON.
HOUSE OF REPRESENTATIVES.
PEI'ER t. GAUTIER, JR.,
JAS. H. GIBSON,
TERRITORY OF FLORIDA.
NO. 1.-An Act to repeal the last provision of the fifth  section of
an act, entitled "An Act to establish a Board of Wardens and Com-
missioners of Pilotage for the Port of Key West."
Be it enacted by the Governor and Legislative Council of the Repealing
Territory of Fiorida, That the last provision of the fifth (5) theo Proi
section of the above mentioned act, to wit : Provided, howev- at estab.
er, that they shall not extend to, or have any effect with regard lishing a
to the vessel, or vessels, employed in transporting the United Board of
States Mail, to and from the Port of Key West," be and is sionie
hereby repealed. &c., at
[Approved 27th January, 1841. K. West.
NO. 2.-An Act to incorporate the Town of Madison Court House.
SECTION i t. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That all the free white
male inhabitants, over the aze of twenty-one years, residing
within the south-west quarter of section twenty-two, of Town-
ship No. one, Range nine. North and East, in the County of Citylimits
Madison, and District of Middle Florida, and their successors,
be and remain a body corporate, by the name and style of the
Town of Madison Court House ; and by their corporate name,
may sue and be sued, plead and be impleaded, and do all other tion.o'ra
acts as natural persons, and may purchase and hold real. per-
sonal, and mixed property, and dispose of the same for the be-
nefit of the said Town.
SEc. 2d. Be further enacted, That the government of said
Town shall be vested in a Town Council, composed of an In- CityCoun.
tendnnt and tour Councilmen, each of whorn shalt havr the qua- i
lifieiiinriof hein. the proprietor of one lot, and shall have re- tins for
siged six months within the limits aforesaid, ofico.
SEC. 3d. Be it further enacted, ,T)iat the said Town Council
shall have full power and aitth'orify-to prevent and remove nui-
sances. to license and regulate retailers of goods, and liquors,
Powers to and taverns ; to restrain or prohibit all sorts of naming ; to li-
license. cense and regulate theatrical, and other public amusements; to
establish and regulate markets, weights, and measures; to pro-
vide and regulatF burying grounds; to sink wells, and erect and
repair pumps jb,the/stiMttsiand public sqTaes ;tq erect and re-
pair market houses ; to establish and regulate patrols, and gen-
thRe ite rally to provide for the inteiior police, and good government
ior police. of said Town. ': i I .
SEc. 4th. Be it further enacted, That the said Town Coun-
Taxation. cil shall have full power to levyand-collect a tax to defray the
expenses of said Town, in such manner and under such cir-
tumsntance'sas he said Council shall conceive least burdensome to
Proviso. the citizens: (Provided the tax on real estate in saiditown shall
not exceed one per cent. on the assessed valuation:;;' aid-d shall
have power to make and pass all"such ordinances, andto impose
Impose such fines and penalties, for infringements 'thereof, or non-corm-
fnes and pliarrce therewith, as slall to the said Town Council seem ne-
SSEc. 5th. Be it further enacted, That the said Town Council
Council shall have power to compel the attendance of its members, and
S judge of the election returns, and qualifications of the Inten-
Its officers dani lnd ite own members; that they shall have power to elect
and their a Treasurer,Clerk, and .ucl other officers as to the Council may
salaries. seem necessary, and to detenninee4heir duties and salaries, and
the same to dismiss at pleasure, and two thirds of the Council
May expel may expel a member for disorderly behavior, or mal-conduct in
a member. office.
SEc. 6th. Be it further enacted, That it shall be the duty of
To keep a said Council to cause to be kept regular records of their pro-
record. ceedings. and of their ordinances, rules, and regulations ; and
they shall promulgate their ordinances without unnecessary de-
To public lay, by posting the same at the common ma ket place, or in any
ordinances newspaper in said Town; so that the same may be exposed to
public view at least three weeks.
S-E. 7th. Be it further enacted, That it shall be the duty of
said Council to hold theii meetings in public, and the Intendant
Meetings. shall preside. and in his absence or disability,.a majority of the
Council may appoint one from their number, who shall do the
Proviso. duties of the Intendant pro. termm; provided, however, thata ma-
jority of the Council there present, may sit with closed doors
when ver they may deem the public interest requires it; and
Quorum. thai three of said Council shall form a quorum to do business.
SEc. 8th. Be it further enacted, That it shall be the duty of
said Intendant, to see that the ordinances of the Council are du-
ly and faithfully executed, and to call a meeting of the Council- Inten-
men. when in his opiriin 'the public ,ood miay require it; ,and tdant's du-
shall fav before the oniic I, froi time ime imie; in WtIting, such
propositions as he may deem advisable for the welfare of the
said corporation, and'the said Council may adjourn from time
to time. :
SEC. 9th. Be it further enacted,'That the said Intendant shall
within five days afierthis election, ttke'an oath before any Judge
or Justice of the Peace of this Territmyv;that he will, to the
utmost of his abilities, support. advance and "defend the interests,
peace and good order of the Town of Madisn, and faithfully oathob
and diligently discharge the duties of Intendant of said Town, taken by
during his continuance in office; and that ho will support the the Inten.
Constitution ol the United States; and he shall, within the dant and
aforesaid time of five days after the election, convene the Coun- ,non.
cilinen elect, and administer to each of them an oath similar to
that taken by himself. ...
SEC. 10th. Be it further enacted, That the first, election for
officers of said Town Council, shall take place on.the first Mon- Manner el
day in April next, under the superintendence of three discreet holding e.
persons, appointed ay the Judge of the County Court; and all for an n
subsequent elections shall be held annually on the first Monday tcndtnt &
in January, under the inspectionof persons appointed for that Council.
purpose by the Intendant and Councilmen. men.
SEC. llth. Be it further enacted, That the said Town Coun- counlCi
cil shall have power to fill all vacancies that may ochur in thiir eaVoPOfi
body, to continue until the next annual el etion. vacancies
SEc. 12th. Be it further enacted, That every free white
,male inhabitant, of the age of twenty-one years, who is a citizen
of the United States, and has resided within the corporate lim- QualifieL
its of said Town, for at least six months preceding the election, tion of vs
shall be qualified to vote for.Intendant and Councilnien. ters.
SSEC. 13th. Be itfurther enacted. That.the said Town Coun-
'eil. shall have full power to pass and adopt al! such bve-laws Counc
and ordinances as may be necessary for the dda regulation and have pov
proper govei nmcilt of said Town. not rep ghiant to the laws of byelaws,
'this Territory, or of the United States'. 4c.
[Approved 2d February, 1841.
IO. 3.-An act to repeal the third, eighth, and a part of the ninth
sections of an act erltiled "An Act to authorise the Governor of
Florida to raise troops for the defence of the frontier, and for other
purposes." Approved 2d \ arch, 1839.
SECTION 1st. Be it enacted by the Governor and Legislative Repeali
'Conicil of the Territory oj Florida, That the third and eighth the 3d a
8th sects. sections of an act entitled An Act to authorise the Governor
a thsri .c of Florida to raise troops for the defence of the Frontier, and
ine Il. for other purposes." approved 2d March, 1839, be and the same
Governor are hereby repealed.
to r1'ai SEC. 2d. Be it further enacted, That so much of the ninth
protectthe section of the act to which this is an amendment, as deprives
frontier, any officer, non-commissioned officer, or private, convicted by
R pealin court martial, of any violation of the rules and articles of. war,
9th ecfione Of his pay and emolument in addition to other punishment, be
ofthesame and the same is hereby repealed.
act. [Approved 4th February, 1841.
NO. 4.-An Act to alter and change the name of Martha P. Black-
well, of Jefferson county.
Tochange Be it enacted by the Governor and Legislative Council of the
the namr Territory of Flirida, That the name of Martha P. Bi;cK'well,
of H1 ar i MarthaP.
Black nr Jeffers,.n county, be and is hereby changed to Martha P.
[Approved 6th February, 1841.
NO.. 5.--An Act to incorporate the Methodist Epiqcopal Church in the
City of Tallahassee.
SECT'IO 1st. Be.it enacted by the Governor and Legislatite
S Council of the Territory of Florda, That Iromt and attr the
torpora. passage of this act, the Methodisr Church. Tallaliassee. shalfbe
known and styled by the name of the Methodist Episcopal
rrustees. Church, and that William Hillard. Johln P. Duval. S;rnuel S.
Sibley, George C. S. Johnsn. Hem v H. Berry, Joiathan G.
Padrnck, and bristopher Fletlier. and their successors in office,
be and they are hereby declared ti, he, a body politic and coi-
porate, by the noipe and sty e of the Trustee: of the Meihod~st
Episcopal Church of rallahassee. and as such. shall be capabig,
and liable .n naw, tl.sue and be sued. plead and be ;mpleaded,
'eirpow. and shall be authnrised to make such bve-laws and regulat;o.is
as may be necessary for the government of said Church: Pro-
vided, that such bye-laws te not repu:gna. t !o the discipline of the
Methodist Episcopal Church. tie ;aws of the Territory of
Florida, or the lar s and conslitutiin of the United States. add
reaeom. for .that purpose they vmay have and use a common seal, appoint
such officers a, tlIev may think prc(per and remove the same
,from office for improper conduct ..r rtelect.of duty.
Sac. jd. Be it further enacted, That tie said Trustees *lid
their successors in office, shall be and they are hereby made May hold
capable of arcepting and being invested with all manner of pro- air perof
pertv, real and personal, all donations, gifts, grants, privileges provided
and immunities whatsoever, which may belong to the said insti- the total
tut on, or may be hereafter conveyed or transferred to them or amount
tr, r sucress,rs in office: Provided, the same shtll not exceed exceed
the stwm of one hundred thousand dollars, to have and to hold the $t0,000o.
same f0t theproper useand benefit and behoof of the.said Church.
[Approved 6th February, 1341.
NO. 6.--An Act regulating Appeals and Writs of Error in Criminal
SEcTION 1 st. Be it enacted hy the Governor and Legislative
Council of the Terriory of Flo? ida, That from and after the
passage of this act, no appeal or writ of error or bill of excep-
tions to evidence, shall be entertained, allowed, or granted, to a No appeal
defendant or defendants, in criminal prosecutions, in any of the or writ of
Courts of this Territoiv ; but if in the trial of any criminal granted.
prosecution, the judge before whom the same is tried, shall en-
tertain a doubt, upon any legat question arising in the case, then
and in that case the said Judge after verdict rendered, may
continue the same, and shall, as soon as convenient, make a Manner of
statement, in writing of the question of law. and carry up or proceed.
transmit the same to the Com t of Appeals for its consideration img.
and decision; and the Judges of the said Court of Appeals
shall, without delay, decide the same, and transmit, as early as
practicable their opinion to the Courtin which the prosecution
mav be pond ng.;
Sic. 2d. Be tt further enacted, That the act entitled" An Act
to provide for appeals and writs of error in criminal cases,
passed on the seventeenth (17th) day of February, eighteen Repeal.
hundred and thirty-three (1833.) and all other acts and parts of
acts coming within the meaning and purview of this act, be, and
the same are hereby repealed.
[Approved 6tk February, 1841.
NO. 7;-An Adt to itriend'an net entitled An Aie tt establish a Board.
of Port Wardens and Commissioners of Wrecks tor'lhe Port of Apa-
Siacrron 1st. Be it enacted by the Govermor and Legashttive Wardens
Council of the Territory of Florida. That the said hard of to be corn.
Porttardens shall constitute a PBRard of Commissioners of Pi- m18isner
lotage for the port of Apalachicula, and shall appoint and license age.
rolicense. such persons as-.may be deemed mosofit and proper,,to act
as pilots, for theipaid pont and :arbor, which persons so licensed
shall hold.their branches, during good behavior; and the said
Pilt to board of commissioners,shpall require from said pilots, such bond
and security, for the. faithful performance of the dpty required
of him or them, as the said board of commissioners shall deem
proper, which. bonds shall bhe made. payable to the Governoraof
the Territory-and his scoessors in office,and the pilot or pilots
To take so., ppointed, .shall take -and subscribe an oath or affirmation,
oat' well and truly to discharge the duties required of him or them
as pilots, and the said commissioners of pilotage shall have
power to establish rates, and prescribe rules and regulations
Rate. and for thegovernment of said pilots, which rates, rules, and regu-
pltished 'latifois shall b1 officially promulgated by publicatibit-foi the
within 3 space of three months in all the newspapers in the city of Apa-
SEC. 2d. Be itfuirther enacted, That arn acts or parts of'cots
inconsistent with the provisions or this act, be, and the same are
[Approved 10th February, 1841.
'NO. 8.-Ah Aceto establish n Academy in ihe Cotnty of Leon, ant
S to'incotporate the Trustees thereof.
SECTION 1st:- Be it enacted by the Govetror and Legtslative
-Council of the TerIitory of 'Florida, 'That 'from and after the
leorpora. passage of this'act the school now in'operationin the neighbor-
teon. hood of Salem Church in the cunly of Leon,'shall ;be consti-
S tuted a public Academy, by the name and style of Salem Aca-
Trustees. demy, and that W" C. Leester,Jssee Towndend, ;Alnon Levy,
William Hughs, JhrMts :T. iipscomb and"corporation,- their
successors in office, ;and' 6hei are )herebyvdehlared to be a body
'politie'aadd corporatebv'y the naihe and Style: f the Trustees *f
Theirpow- Salem AcademyV. An4' as, such, at aIl bet fapible and liable in
ers- law, to sue and be sued, plead and be'impleaded, and be aathor-
isrd to make such bye-lawsw and regulations as may be neces-
Proviso. sary for the government of said Academy: Provided that such
May use a bye laws are not repugnant to .tie laws of this Territory or
common the laws and constitution of the Unite.l States; and for that
seal and purpose they .may have and use..a cotrpp seasl, appoint such
"pI:, officers as they may think proper, and irp noveye the same form
fisers. office for improper conduct Wor neglect of duty.
SEC. 2d. Be it further enacted, That. the-said Trustees shall
be and are hereby made capable of accepting and being vested
Light to with all manner of property, may secure and hold property,
real and personal, all donations. gifts, grants, privileges. and im- hold pro-
munities whatsoever, wiich nay become necessary for the use perty.
of said Academyv, and which may bel ng to said Institution. or
may hereafter be conveyed or transferred to then or their suc-
cessors in o'fice to have and to hold the sane tor the proper use
and benefit of the
occur by death, resignation, or otherwise, )f any of the Frus.
tees of said Academy the survivors, or a majority of said Trus-
tees shall fill the vacancy, in such rn:ntier as shall be pointed Vacanciet.
out in the bye-laws and regulations of the Trustees aforesaid.
SEC. 4th. Be it further enacted. T'.at it shall not be lawful Unlawf'u
to sell spir.
for any peis,!i or pgrs)ns to retail spiritous liq lors within one itous li.
mile of said A aleiny, under penalty of tive hundred dollars q lorq with
for every such fencec. to be recovered by a presentnent of the in I mile
Grand Jury of the Superior Court of said county, aud the fiie onalty of
when collected, one ialt shall 2o to the support of said Schoo!, $500.
and the other half to the Territory.
[Approred 10th February, 1841.
NO. 9.-An Act to authorise Daniel Campbell to establish a Ferry
across the Escamhia River.
SECTION 1st. Be 't enacted by the Governor and' Lezislative FErry a.
Council of the T-rritory of Florida, That Daniel Campbell cros the
be, and he is heieby authorized to establish, and charged with Escambia.
the duty of keeping, a Ferry from his present place of resi- Position.
deuce on the Escambia River. across to his plantation on
the west side of said river, for and during the term of twentv Duration,
years, fro n the passage of this act: Provided, that this act Proviso.
shall noit conflict with pre-existing rights.
SEc. 2d. Be it.further enacted. That the said Daniel Camp-
bell, his heirs and assiznes, shall at all times keep a rood and
sufficient flat at said ferr, to cross loaded wazons and tears, Craft.
and he or they shall receive such rates ,f ferriage as may be Tell.
established from time to time by.the C ,unitv Court of Escaibbia
County, and shall be subject to the orders of said c:,rt.
SEC. 3d. Be it further enacted That if the said Daniel Camp-
bell, shall fail toestablish said ferry, and open a road through the Fadiing to
swamps on each ,ide of sa;d river, within one year from the stabh r
first day of April next, then the rights and privileges granted by the right
this act are to be void, and this act shall at any time hereafter of this act
be subject to be amended, modified, or repealed by any future repealed.
Legislation of the State or Territorv of Fi,,ida.
[Approved 1OtA February, 1841.
NO. 10.-An Act to incorporate the town of Mandarin.
SEcTIoN 1st. Be it enacted by the Governor and Legislative
council of the Territory of Florida, That all the free white
Limits or male inhabitants over the age of twenty-one years, comprehend-
town in- ed between Budge Creek and the Horse Landing on the east
tion. side of the river St. Johns, and extending one mile back from
said river, shall be and they are hereby constituted a body pol-
itic and corporate by the name and style of the town of Man-
Powers & darin, and by their corporate name may sue and be sued. plead
rights. and be impleaded, and do all other acts as natural persons, and
may purchase and hold real, personal, and mixed property, and
dispose of the same for the benefit of said town.
SEc. 2d. Be it further enacted, That the government of said
Town Town, shall be vested in a Town Council composed of a Mayor
Council. and four Aldermen, each of whom shall have the qualification
Ctialifiel- of being the proprietor of a lot and shall have res;ded six
tion for of. months within the limits aforesaid, in order to fill either of said
fice. o es.
Miyor & SEC. 3d. Be it further enacted, That the Mayor and Alder-
'"to 0 men shall be elected by ballot on the first Monday in May in
ed anna- each and every year, and they shall in all cases continue to ex-
allybybal-eicise their respective functions until their successors shall be
lot. elected and qualified to serve.
SEC. 4th. Be it further enacted, That the Mavor shall pre-
Mayor to side in all meetings of the Board, and give the casting vote in
pr all questions whien the Council shall be divided.
Powers. SEC. 5th. Be it further enacted, That the Mayor and Alder-
men shall have full power and authority to prevent and re-
Tolicense. move nuisances, to license and regulate retailers of goods, spir-
ituous liquors, and taverns, to restrain and prohibit all sorts of
gaming; to license and regulate all public shows, or amusements,
or gaming not prohibited by law; to establish and regulate mar-
kets, and to regulate burial grounds; to sink wells and take care
of the same; to erect and repair market houses and public
scales; to establish and regulate patrols; to regulate the using of
Taiestrain gunpowder ; to restrain and punish vagabonds, drunkards, and
& punish. di-orderly persons; to pass such ordinances as may be neces-
sary to prevent the introduction of contagious disorders within
said town; to elect, repair ard regulate public wharves;
Streets 4- to keep in repair all necessary streets; to keep in repair all pub-
roads. li roads leading to said town, for the distance of three miles
A-,o'ol fro'n the same ; to provide fr the appointment of all such offi-
*T~iars. ceis as may be necessary to execute the laws of the corpora-
tion, and to fix their compensation; to lay and impose taxes,
Impose and to provide for the collection of the same; to impose and
fine anu atrlir"a:e fines and penalties, and forfeitures for breach
of the orJinances and bye-laws; and to provide for the gen-
eral interior police and government of said Town: Provided, Proviso.
that no act shall be passed contrary to the laws of the United n da's
States or of this Territory ; and that no ordinance or bye-law must be
shall take effect until ten days after its promulgation. giv-n.
SEc. 6th. Be it further enacted, That all ordinances and Blye-laws
bye-laws shall be signed by the Mayor and attested by the signed by
Clerk, and be posted at some public place in said town for at the M.avor
least ten days. and clerk.
SBc. 7th. Be it further enacted, That in case of the death or ea ga.o
resignation of the Mayor, the Board shall elect one of their ion of the
number to fill the vacancy until the next annual election. Mayor.
SEC. 8th. Be it further enacted, That all free white male
citizens of the United States, of the age of twenty-one years Qualifica.
or upwards, who shall have resided six months within the lim- for
its above described, and shall have paid all taxes and dues as-ter
sessed on him by the said corporation, shall be entitled to
vote for Mayor and Aldermen for the said corporation.
SEC. 9th. Be it further enacted, That the first election for
Mayor and Aldermen for said town of Mandarin, shall be held Tn"pectrs
under the inspection and superintendence of Calvin Read, John ection.
M. J. Bowdea, and James A. D. Lawrence, and all subsequent Subse-
elections for town officers under the direction of such persons quentelec-
as shall be appointed by the Mayor. uons.
SEc. I0th. Be it further enacted, That the Mayor elect shall
within five days after his election, take an oath before a Justice Oatihto be
of the Peace of this Territory, "that he will to the utmost of taken by
his power, support, advance and defend the interest, peace and an ler.
good order of the town of Mandarin, and faithfully discharge men.
the duties of Mayor of said town, during his continuance in
office, and that he will support the constitution of the United
States," and shall within five days thereafter convene the alder-
men elect, and administer to each one of them an oath similar
to that taken by himself.
SEc. llth. Be it further enacted, That this act shall be in
full force and effect' rom and after its passage.
[Approved February 10th, 1841.
4NO. 11.-An Act to incorporate the first Baptist Church of Jacksonville.
SEcrtoN ist. Be it enacted by tie Governor and Legislative
Council of the Territory of Florida, That from and alter the
approval of this act, the Baptist congregation at Jacksonville,
in East Florida, shall be incorporated, and be a body politic by Incorpora-
the name and style of the First Baptist Church of Jacksonville, tion.
and by that name shall he capable and liable in law to sue an.i Powers.
be sued, plead and be implead, defend and be defended, and to
Not tohold have, hold, possess, and enjoy, real and personal estate: Provided,
property the same shall at no timeexceed the amount of twenty thousand
SEc. 2d. Be t further enacted, That for the better govern-
Trutees. meant of said incorporation, William B. Kass, Charles Merrick,
Soloman Warreo, Elias G. Jaudon, H. H. Philips and Assian
B. Hart. be, and they are hereby appointed Trustees of the
first Baptist Church of Jacksonville," to hold their office. as
hereinafter directed, and as Trustees as afiresaid, they, and
Their their successors in office, shall-have power in law, and areheire-
pwer. by made capable in the name of the Trustees of the first Bap-
tist Church of Jacksonville, of huying, selling, accepting, arid
May hold being invested with all manner of estate, real, personal a'nd
ll manner mnxed, all donations, gifts, grants, legacies. privileges and im-
munities whatsoever, wh+ch may belong to said Church or may
hereafter be transferred, or conveyed Ito them, or their success-
ors in office, not exceeding twentv thousand dollars, to have and
to nold the same for the proper use. benefit and behoof of the
said first Baptist Church of Jacksonville.
Trustees SEC. 3d. Be atfurtier enacted, That all-the "white members
tobeelect- of said Church shall be deemed qualified electors of any and'
ed hy the every ekctcon for Trustees ot said Church, and that the first
whebers. election jt Trustees laill be tld on the first Monoaa of June,
Time of 1841. and theieaiter annually on the first Monday in June in
holding each ara every year, unless the Trustees shallbv their b% e-laws
the elec- fix a different day, of wtich notice shall be given in-some news-
paper, the Trustees hereby appointed to hold their officers until
alter the first election, and each subsequentt board in like nman-
Proviso. net to hold until their successors be chosen : Provided, if at any
time elections shall not be heid according to laev, this charter
shall not therefore be forfeited ; but an election may and shall
be held at an) other timt, upon ant aploinitment made by a ma-
jority of the white members of said UCturchi and duly advertised.
charter BEc. 4th. Be it further enacted, 'That this charter shall at all
alteration ties herealter. bet subject to alteration, modification, or repeal
or repeal. by the Legislature.
[Approved 10th February, 1341.
NO. 12,-An Act to incorporate the Town of Jacksonville.
SECTIOn 1st. be it enacted by the Governor and Legislative
Council of the. 7eirilory vj 1'iiridu, Tbhat all the flee white
male inhabitants oter the age ol iwct.ty-oie years, comprehend-
ed within a lite cnimmenrcng at a I.oint *n the South bank of
city limits the river St. Johns, opposite to liogan's Creek, on the north
side running north half a mile up said creek, thence west one
mile and a half to McCoy's Creek, thence south to a point on
the south side of the river St. Johns, opposite to McCoy's Creek,
thence east to the point of beginning, and their successors he
and are hereby declared to he a body politic and corporate by
the name and style of the Town of Jacksonville, with all the Incorpora-
rights liberties, privileges, powers and authorities incident to tion.
and appertaining to a corporation, body politic, or a natural per-
son, and by the said name and styie may sue and be sued, plead
and be impleaded, hold, possess and enjoy real estate and per- Powers 4
sonal property, and dispose of and transfer the same, and so dis- rights.
pose of and manage the funds of said town, as shall be most ben-
eficial to the interest thereof.
SEC. 2d. Be it further enacted, That the government of the
said town shall be vested in a Town Council, composed of an City coun.
Intcndant and six Councilmen, each of whom shall have the cil.
qualification of owning 'property in said town, and shall have Qualifica-
resided twelve months within the limits aforesaid, in order to tions for
fill either of said offices. office.
SEC. 3d. Be it further enacted, That the said Council shall
kave power and authority to pass all laws and ordinances that Powers.
may be necessary and expedient for the good government of
said town and the preservation of the public morals: Provided,
that they are not inconsistent with the cnslitution and laws of
the United States and the lawsTF this Territory; they shall es-
pecially have power to regulate, improve, alter and extend the
streets, lanes, avenues, and public squares, and to open new Streets,
streets, and to cause encroachments, obstructions. decayed build- lanes, ave.
ings and old ruins to be removed, making the parties injured by nues, 4c.
an improvement a just compensation, and charging upon those
benefited, a reasonable assessment, to be ascertained in such
manner as shall be agreed upon by the parties, or by a jury of
twelve men to be orvan'zed in such manner as by ordinance the
said Council may provide; they shall have power to prevent Topr.vent
and abate nuisances, to order and curompel, the owners or occu- and abate
pants of lots upon which pools of water on or are likely to ac- nuisances.
cumulate, to fill them up, to regulate and compel persons, by
ordinances or othei wise, to erect and keep in repair partition
fences, and may pass all laws and ordinances tiat may be ne-
eessary to preserve the public health ; they shall have authority
to guard against the introduction of infectious or malignant dis.
eases:.and for this purpose may prohibit or regulate the ingress
or approach of vessels into the waters within the limits of said
Corporation. and whenever necessary may compel them under
fixed and certain penalties to perform qua: antine, and to observe Quarai.
such other rules and regulations, as to the said Council may tin".
seem proper by ordinance to establish; they may construct
Construct wharves, quays and docks, and regulate wharfage, dockage and
docks. moving and anchoring vessels, erect br:des and ferries, and es-
Erect tablish the rates of lfrriage and tolls; they mav erect all iutces-
buiidinegs sary public, buildings and dispose of the same as the interest of
te tow n may require, and make and sink wells, erect pumps,:
dig drains, and do and perform all such other act or cts, as
shall seem necessary and best adapted to the improvement
and general interest of the town, and pass all necessary laws to.
Prevent guard against fires and to insure the sweeping of chimnies;
they may establish and regulate markets, and require all per-
sons bringing fiesh provisions into the town, to exhibit them for
sale at proper market hours, establish and regulate the weight
and size of bread, the inspection of provisions or other produce
being the growth or manufacture of the Territory that may be
brought in said town for sale, or which may be sent from it;
the guaging of liquors, the measuring or weighing of any arti.
cles of produce or merchandise, and the storing of gunpowder,
and all naval and military stores, not the property of the United
States ; they shall have the power to taxauctioneers, and license
To license and tax retailers of goods and liquors, hawkers, pedlars, tavern
and ta. and public trading-house keepers, hackney carriages, carts and
drays, restrain lotteries, tippling houses, gaming houses, houses
Sof ill-fame, and theatrical or other public exhibitions, suppress
Repsain riots and disorderly assemblies, and may provide fur the punish-.
m ent of all persons guilty of breaches of the peace within the
Proviso. limits of said town by fine or imprisonment: Provided, that
the fine shall in no case exceed twenty dollars and the imprison-
ment five days.
SEC. 4th. Be t further enacted, That the said town Council
Provide a shall further have power and authority to provide by tax or
fund for .
the poor. otherwise, a fund for the support of the poor, the infirm,diseased
and insane, to establish public schools and provide for their-
Patrols. maintainance, arnd to organize patrols and provide for the pun-
ishment of negroes and per-ons of color.
Szc. 5th. Be it further enacted, That the said Council shall
have power to assets. levy and enforce the collection of all
Taxation. taxes and other impositions, as may be necessary for the sup-
port of the government of said town, and the improvements
Proviso. thereof: Provided, that no higher rate oe tax shall be levied
upon real estate than one per cent. on the assessed value there-
of, to be determined by assessors chosen in such manner.as said
Mannerof Council may provide, and the said taxes to be collected by dis-
4ollecting tress and sale. after default shall be made in the payment.t'lereop,
taxes. in the most convenient and least expensive way, as to the said In-
Breach tendant and Councilmen shall be deemed expedient, and the said
.the ordi- Council shall have power further to provide for the trial of all
nances. offences that may arise under the ordinances of said town,.shall
enforce the collection of all fines and penalties that may arise
as iforesaid in such manner as said Coumnc', by ordinance, may
SE&. 6th. Be it further enacted. That it shall be the duty of
the Intendant to see that the ordinances of the town are faith- Iuten.
fully exeuecd. recommending for, appointment al necessary ties
town officers, and report and cnuse their removal, whenever by
negligeuce, or misconduct. the interest of the town may require
it; he shall preside at all meetings of the board, and propose
such measures as he shall think important to the public interest,
but shall only be entitled to a casting vote, and he shall have
p:)wer to convene the board whenever it may be deemed neces-
sarv; i-e shall have, po.ssess, exercise, and enjoy all the powers,
duties and privileges and receive the same compensation as a
Justice of the Peae:.
SEC. 7th. Be it further enacted. That the said town Council
shall have power to compel the attendance of its members, and P,)'ors of
to judCe of the election returns and qualification of the Inten- council.
dant and its own members. and the yeas and nays on everyques-
tion shall, at the request of any two meribers be placed on the
record; that the said town Council, shall have power upon the
recommendation of the Intendant to appoint, and remove all It.1 ofier
officers and fix their compensation aiid slablish such fees as salari ..
may or ought to he allowed, for such services, as may be re-
quired of them. and the same to dismiss at pleasure. and two M y expel
thirds of the said Council may expel a member of the same, for a member.
disorderly behavior or mat conduct in o frce.
SEc. 8th. Be it further enacted. That it shall be the duty of
the said town Council to cause to be kept regular records of To e"p a
theit proceedings. and of their ordinances, rules and regulations,
and they shall promulgate their ordinances without unnecessary Topublish
delay, by posting the same at the common market place, or in ordman.
any newspaper in said town, so that the same be exposed to pub. c-s.
lic view at least four weeks.
SEC. 9th. Be it further enacted. That it shall be the duty of
the said town Council to hold their meetihgsa'n public, and at Metinp~
such times and places as to the said Council may seem fit, and im public.
the Intendant shall be president of the board, and in tife absence
or disability of the lutendant, a majority of the Council may,
on any occasion, appoint from among their number an Intendant,
who shall have powerpro tempore to do the duties nf Intendant:
Provided, however, that a majority of the town Council then Provis".
present, may sit with closed doors whenever they may deem
the public interest requires it.
SEC. 10th. Be ttfurther enacted. That five of the said town Qiiorum.
Council shall form a quorum for the transaction of business.
SEC. llth. Be it further enacted, That every white male in-
Qtualifica. habitant who is a citizen of the United States of the age of
tionforvo. twenty-one years or upivads, who shall have resided twelve
es. n'onths within tie illits above described. and every white male
person who shall tiave resided twelve months within the county
ofDuval, and six in. nths in the town of Jacksonville, and shall
have paid all taxes and dues assessed on him by the said corpo-
ration, shall be entitled to vote for Intendant and Councilmen
for the said corporation.
SEC. 12th. Be itfurther enacted, That the elections shall be
Inspectors conducted by three Inspectors to be appointed at least two
ofelection. weks before the day of the election, by the Intendant; the said
Intendant shall also appoint the place of holding the said elec-
tion and give public notice thereof for the like period of time.
SEC. 13th. Be it further enacted, Tnat the said Inspectors
nn shall be judges of the qualification of voters, and it shall
holding e. be the duty of them. or any two of them, on the day ap-
leceions. pointed by law for holding the elections, to open the poll for the
reception of voters, and to cause the names of voters to be re-
corded in a book to bt kept for that purpose, which shall be de-
p .sited at the cl )se of the election, amongst the archives of the
corporation ; the polls shall open at ten o'clock in the morning,
and close at four o'clock in the afternoon, after which the In-
spectors shall proceed to count the votes and declare the per-
sons elected as Intendant and Councilmen, and make out a
written certificate thereof at the foot if the poll list, and notice
of their election aiven to each of them, who, upon receipt there.
of, shall signify their acceptance or refusal.
SEC. 14th. Be it further enacted, That if the said Intendant
elect, shall signify his acceptance of said office, the former In-
tendant. and in the event of his absence, any Justice of the
Peace, or Judge of the County Court, shall as soon as practi-
cable, at any time, within five days, assemble the hoard, and
Oathto be in their presence administer to him, the following oath : I, A.
tak,, by B. do solemnly swear, or affirm, that I will to the utmost of my
dant and power, support, advance and detend the interest, peace and good
council. order of the town of Jacksoville, and faithfi:ly discharge
men. the duties of Intendant of said town during my continuance in
office, and I do further swear, that I will support the constitu-
tin of the United States: and the Intendant elect, upon being
thus qualified, shall then administer the I ke oath to the Coun-
cilnlen elect, and thereupon the duties of the former board shall
tlon for SEC. 15th. Be it further enacted, That if the Inlendant elect,
ten,.., & or any of the Councilmen. shall decline to accept the office to
council, wi;ch he or ilhey may have been elected, or if accepting. any or
man. e:ier uf them shall not qualify, by taking thr prescribed oath
within five days, that then the Intendant in office or the person
exercising the duties thereof, shall by proclamation, direct an
election to be held for supplying such sjats in the board as may
be vacant, giving at least one week's notice thereof, designating
at the same time, the persons appointed to superintend and con-
duct said election.
SEC. 16th. Be it f rtlhir enacted, That if the office of Intend-
ant or any Councilmen, shall at any time become vacant by Death or
death, resignation, removal, or otherwise, it shall be the duty of t 'ont
the Intendant, or the person exercising the duties of Intendant, Intendant
agreeable to this act in like manner, as is provided in the pre- or any
ceding section, to order a new election to fill such vacancy or council.
SEC 17th. Be it further enacted. That the Intendant and
Councilmen shall be elected annually on the first Monday of InpPectors
fo first eo
April, and that Chester Bishee, Jacob Gatterson and R mdneyv lecti n.
Dorman, be, and they or any two of them, are hereby appointed
Inspectors to superintend the election foe Intendant and Coun-
cilmen on the second Monday in Ma;rch. 1S41; that nothing
hereby enacted shall be construed to exclude the Legislature of Legisla-
this Territorry from the right to repeal, alter or modify this act, n erhave
as it may deem proper. repeal this
[Approved 10th February, 1841. act.
NO. 13.-An Act to authorise Louther Taylor to establish a Ferry
across t ie E.cambia River.
SECTTON 1st. Be it enacted by the Governor an-l Legislative
Council of the Territory of Florida, That Lonther 'i aInr be, Ferry a.
and he is hereby anthorised to establish and keep a public ferry Escambi,.
across the Escambia River, at or near the junction of Canoe
and Mitchell's creeks, the same being on the tract of land lying site.
and situated on the Escambia river, about thirty six miles from
Pensacola, and known as the tract patented to Thomas Thritt,
and recently belonging to the estate of Andrew Mitchell, de-
ceased, and that he be allowed to charge such rates of toll as Toll.
may be from time to time established by the County Court of
SEc. 2d. Be it further enacted, That all the right, privi-
leges, profits and emoluments of said ferry, be, and they are Duration.
hereby vested in the said Louther Taylor, hi. heirs, executors,
administrators, or assigns, for the term of ten yerrs: Provided,
the said Louther Taylor, his heirs, executors, administrators, :r
assigns, shall always keep a flat of sufficient size and strength size offirt
to carry over a loaded waggon and team, and shall strictly
comply with the rules and regulations that may be established
by the County Court of Escambia county, or that may here-
after be provided by law.
SEC. 3d. Be it further enacted, That it shall be unlawful for
Limits of any person or persons, to keep a ferry within less than three
frry miles above or below the point designated in the first section,
Proviso. unless the same be toll free, or for his, her, or their individual
use: Provided, That this act shall not conflict with pre-exist-
[Approved 12th February 1841.
NO. 14.-An Act to amend an An Act, declaring Juniper Creek, in
Escambia county, a navigable stream.
Creek de Be it enacted by the Governor and Legislative Council of
dared na- the Territory of Florida, That Junmer Creek, in Escambia
vigable up county, be, and the same is hereby declared a navigable stream
McDarid's from its mouth or entrance into the Blackwater river, up to
mills. David A. McDavid's Mills, on the said creek.
Approved 12th February, 1841.
NO. 15.-An act to allow Lawrence O'B. Branch, to practice law in
the Courts of this Territory.
Be it enacted by the Governor and Legislative Council of
L O'B. the Territory of Florida, That from and after the passage of
Branch to this act, Lawrence O'B. Branch, be allowed to practice as an
law. Attorney and Counsellor in any of the courts of law or equity
Proviso. in this Territory: Provided, That upon examination by one of
the Judges of the Superior Court, he is found qualified, and
produces satisfactory evidence that he is of good moral charac-
[Approved 12th February, 1841.
NO. 16. An Act to extend the powers of the Port Wardens for the
Port of Pensacola, in Escambia county.
extended Be it enacted byp the Governor and Legislative Council of
to the bays the Territory of Florida, That the powers vested in the Port
of Escam. Wardens, for the Port of Pensacola, in relation to Pilots, be,
Blackwa. and the same are hereby extended to the bays of Blackwater
ter. and Escambia, in the county of Escambia.
[Approved 19th of February, 1841.
NO. 17. An act for the relief of M. H. Martin.
Be it enacted by the Governor and Legislative Council oJ
the Territory of Florida, That the Auditor of the Territory au.dAitor
be directed to audit and allow to Doctor M. H. Martin, the sum to allow
of one hundred dollars, as compensation for medical services Dr.Martin
rendered to a company of troops, in the service of the Territo- $100-
ry of Florida, and to be paid out of any money in the Treasury
not otherwise appropriated.
[Approved 19th February, 1841.
NO. 18.-An Act to organize the Saint Augustine City Guards.
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the uniform compa- St.Augus.
ny of volunteer militia, in the City of Saint Augustine, known 'Guards at
by the name of the Saint Augustine City Guards, be and the tached to
same is hereby constituted an independent volunteer company, the lstbat.
2d regt 2d
to be called the Saint Augustine City Guards, to be attached to brigade.
the first Battalion of the second Regiment, second Brigade,
SEC. 2d. Be it further enacted, That the officers already
elected by the said company, shall have the respective commands Officers to
and grades, to which they havfTieen elected, [to wit;] Francis rank ahei
L. Dancy, as Captain, Petronilo Lapez, as first Lieutenant, and elected.
Michael Usina, as second Lieutenant, who shall be forthwith
commissioned by the Governor of this Territory, and continue Governor
and remain therein according to law, and said company may, (if sion them.
approved by the field officers of said Regiment,) choose addi- Additional
tional officers, who shall be commissioned as aforesaid. officers.
SEC. 3d. Be it further etactld, '1 :at ihc ir-In bcr ofpri\vaes Number of
may be increased to the number of one hundred men, by the vol. privates
untary enrolment of any qualified person residing in the couu- crmsed to
ties of St John's and Musquito. 100.
SEC. 4th. Be itfurther enacted, That while the said company
continues to be kept up, the persons who shall uniform and equip Members
themselves, and faithfully perform military duty in said com- pat eco'n.
pany, according to the rules and regulations thereof, (such rules en.pt from
not conflicting i ith the laws of this Territory, and to be ap- miltia du.
proved of by the field officers of said Regiment) such persons i thexcept
shall be exempt from the performance of militia duty, other-
wise than in said company.
SEC. 5th. Be it jurth(r enacted, That the said company may May adopt
adopt rules and regulation, by the voice of the majority of uies a.and
members, and by the consent of the Captain, which, when ap- tions.
proved of in manner prescribed in the 4th section of this act,
Proviso. shall bind said company. Provided, always that the same be
not repugnant to the laws of the Territory.
Reports SEC 5. Be it further enacted, That the reports and returns
toadwho of said company. shall be made to and th-ongh the Staff of the
Colonel commanding the Regiment, to which it belongs.
SEC. 7th. Be it further enacted, That said Company shall
colors. be entitled to, and procure a stand of colours, and at dress pa-
rades of inspections or drill, appear with the same displayed,
agreeable to the usages of war.
[Approved 19th February, 1841
NO. 19.-An Act to change the time of hi ding the County Court of
Walton SECTION ist. Be it enacted by the Governor and Legislative
Co Court Council of the Territory of Florida, That the spring term of
to be held the County Court of Walton county, shall hereafter be held on
on the 4th the fourth Monday in April, in each and every year; and the
Monday n fall term of said court, shall hereafter be held on the fourth
4th Mon- Monday in September in each and every year.
day in SEc- 2d. Be it fuilther enacted, That this act shall take
September effect from aid after its passage, and that all acts and parts of
Repeal. acts, militating against the true intent and meaning of this ac,
be and the same are hereby repealed.
Approved 19th of February, 1841.
NO. 20. An Art to incorporate the New Orleans Florida and Atlantic
Transpuoration C'mpauy, in Florida, and for oth-r purposes.
WHEIREAS, it is tie duty of this Legislature, situated as this
Territory is to the Gulf (1 Mexico, and the Atlantic ocean, and
lying as it does, immediately in the way of the most direct and
Preamble. practicable rout for the transportation of the great Northern and
Southern mail, to encourage and facilitate, by all means possi-
ble, the establislhmenit of superior and permanent lines of com-
municatinm through the said Territory; connecting with the di-
rect line leading to and from the Cities of New York and New
Orleans, the great commercial emporiums of the United States,
and whereas, an attempt to accomplish this most desirable object
by individual enterprise, has proved unstrcessful, on account of
its necessary extent, and whereas. John H. Hopkins, has peti-
tioned the Legislature to grant him and his associates such -a
charter as will enable them to form a company with means and
energy commensurate with the great importance and expense of
the undertaking; therefore,
SECTION 1st. Be it enacted by the Gorernor and Legislative
Council of the Territory of Florida, That John H-. Hopkins,
and his associates, now formed, and hereafter to be formed, their
successors and assigns. shall be a body politic and corporate, Incorpora-
by the name and style of the New Orleans, Florida and Atlan- tion.
tic Transportation Company, may ccntraot debts, sue and be Name.
sued, plead and be impleaded, answer and be answered against,
defend and be defended, in all courts, and in all actions and Rights &
causes, and may have and use a common seal, and break, alter privilege.
and renew the same at pleasure, and may do, exercise, perform Powers.
and perfect all acts and things in the premises, that individuals,
in their private capacity, ma' of right do, Provided, nothing Provisc.
contained in this act shall give to the said company the right ot
exercising banking privileges.
SEC. 2d. Be it further enacted, That the said company are
hereby fully vested with all the powers and privileges necessary
to establish and conduct, by means of vessels, Steam Boats,
Rail Roads, Cars, Stages and other conveyances, a line or lines
of communication, for the transportation of mails, persons,
merchandise, produce and other property from any point in the
Gulf of Mexico, to the City of Tallahassee, and to continue Route.
the same to any point on the Georgia line, or to any point on
the Atlantic, within the Territory of Florida, and to establish
branches thereto to such points as they may deem proper, and
for the purpose of establishing and maintaining the same, may
own, possess and enjoy, use and control vessels, steam-boats, ay eoe^n
rail-roads, cars, stages, horses and such other description of tions of
personal property as they mav deem expedient and proper, also property.
such real property, as may be found necessary to accomplish the
said business, and may bargain, sell mortgage, pledge and con-
vey the same, or any part thereof at pleasure.
SEC. 3d. Be it further enacted, That the office of said com-
pany shall be located at the City of Tallahassee, or such other site of of-
place in the said Territory, as may be designated by :he Presi- fice.
dent and Directors, with a capital stock of one hundred thou- Capialo
sand dollars, which may be increased by the Stockholders to any May be in-
any amount not exceeding six hundred thousand dollars, creasednot
divided into shares of five hundred dollars each, to to be sub- $6 e0000.
scribed for by individuals or companies. The said John H. Subscrip.
Bopkins, and his associates, shall, immediately after the pas- tion books
to he open-
sage of this bill, open books of subscription at Talahassee, ed at Tal.
and such other places as they may deem proper, and keep lahassee.
Directors. them open until the two hundred shares are subscribed for, and
the subscribers mav then meet after ten onays notice of the time
President. and place of such meeting, and elect five Directors, who shall
be Stockholders and residents of said Territory, the said Direc-
ters shall th n choose from among themselves a President, and
the President and D.rectors so chosen and elected, shall hold
their offices one year, and until their successors are qualified.
Bye.laws SEC. 4th. Be it further enacted, That the said President and
and regu. Directors may exercise the corporate privileges of the company,
lntions. and may make, ordain, establish, and put in execution, such by-
laws and regulations as may be deemed necessary and proper
for the government of the said corporation, shall prescribe what
number of Directors shall be a board ftr the transaction of
business, and may appoint and employ any number of persons
Freights to assist in the management of said business, that may be ne-
&charges. cessary, and by their bye-laws prescribe such rules and regula-
tions establish such prices, charges, tolls and freights, as may
be deemed reasonable, and may do all other things in the pre-
Duration. mises that may become requisite in relation to the same.
Proviso. SEC. 5th. Be it further enacted, That this act shall take
effect from and alter its passage, and shall continue in force
twenty years :nd no longer: Provided, if said line is not put
Elections in operation in two years, all rights under Ihis charter shall be
to Ie by null and void; all elections by said corporation, shall be by
ballot ballot, by a plurality of votes allowing one vote for every share,
and Stockholders may vote by written proxy. The time and
Vacancies. place of holding the regular elections, shall be appointed by the
President and Directors, in such manner as shall be established
by the laws of the company ; vacancies in the offices of Presi-
dent and Directors, may be filled by the Directors, and in the
absence of the President, the Board may appoint a temporary
property SEC. 6th. Be it further enacted, That the property of the
of the company shall not be subject to higher rates of taxation than
ders liable, other real and personal property in the Territory, the stock of
the said company shall be transferable, according te such rules
as may be prescribed by the law. and ordinances of the same;
and the individual property of the Stockholders, whether real,
personal or mixed, shall be liable :or any and all debts of the
company, in proportion to the amount of stock owned by each
LApproved 19th February, 1841.
NO. 21.-An Act to amend an An Act entitled, An Act constituting a
Board of W >rdens, Comunisiouers of Pilotage. .nd Cuo:nisiioners
of Wreoks, &e. for the P.)tt ot Jac;isonvlile and uiaier places therein
provi led for, approved February 23, 1839.
SE rtr,,r 1st. BR it en:c'e'l 'y the G)vernor and Legislative To in.
Council of the Terrilory of P'lorida, That the nu.nber of Port ,enumer
Wardens t'> be ap oi.atedl fr the Port of Jacksonville, shall of port.
hereafter be five, instead of three, as at present directed by the ward"ns
act to which this is an amendment. sonville.
Sec 2d. Be it further enacted. That so much of said act as
may conflict with the foregoing provision be, and the same is Repeal.
[Approved 19th February, 1841.
NO. 22.-An Act to repeal an act entitled an Act concerning Jurors,
in the Southern District, and for other purposes.
SECTION 1st. Be it enacted by the Gonernor and Legtslative To repeal
an act ap.
Council of the Territory of Florida. That an Act concerning proved the
Jurors in the Southern District, approved second of March, 2d March,
eighteen hundred and forty, be. and the aname is hereby repealed. 1840.
SEC. 2d. Be it further enacted. That the Superior Court in
Munroe county shall have original and exclusive jurisdiction superior
over all crimes committed in the county of Dade and over all Court in
civil causes not coming within the jurisdiction of Justices ot co.tohave
the Peace, and the County courtt of said county, from and after jurisdic.
the passage of this act, until the same shall he repealed. tLon.
[Approved 25th February, 1841.
NO. 23.-An Act to amend the acts in reference to the Tallahassee
SECTION 1st. WHIEREAS, the lots in the north addition of the
City of Tallahassee, were conveyed to purchasers, who made
deeds to John Y. Garey his heirs, &c. as trustee to secure the
payment of the purchase money, and Awhereas, the said Garey Preamble.
has departed this life, leaving intlant heirs, rendering it inconve-
uient, and troubl-some to enforce payment on lots aforesaid, and
obtain releases on said deeds, and also to obtain conveyances
when payments are fully made, the legal title being in said heirs,
for remedy whereof, it is hereby enacted, by the Governor and
Legislative Council of the Territory of Florida, That the Commis-
Commissioner of the City of Tallahassee. be. and is hereby sionerw t
substituted to all the rights, privileges, powers, and capacities of powers ot
t late the said John G. Garey, trustee aforesaid, or his heirs, witt
trustee. free power to sue on said deeds as trustee, to release the same
and to make transfers and conveyances, as if the legal title had
been and was completely in sail commissioner, and whereas,
said commissioner has made conveyances to lots situated as
afore-aid, on receiving payments in lull on the amount due the
SEC. 2d. Be it further enacted, That such transfers should
Transfers be, and are hereby declared good and effectual in law to pass
good. the title, and are hereby confirmed, saving to third parties their
SEC. 3d. Be it further enacted. That a sale of the remain-
Commis- der of the land and lots below )ging to the Territory, be had by
ioner to the Commissioner of the City of Tallahassee, on giving two
cell the re.
mainddr of weeks notice in the public newspapers of Tallahassee, requiring
thie land. one ifurth cash, the balance in one and two years.
SEC. 4. Be it further enacted, That a sale be had on the
To sell the same terms of the quarter section, subject to location by the
[Approved 25th February, 1841.
NO. 24.-An Act concerning Indian depredations, and for other pur-
SECTION 1st. Be it enacted by the Governor and Legislative
Governor Council of the Territory of Florida, That the Governor of
to Appolnt the territory by and with the advice and consent of the Legis-
com.nis lative Council, be, and he is hereby authorized to appoint bi-
sino:-rs tfr ennially a board of commissioners to consist of three lor each
rTienmnfo Senatorial District, for tl e purpose of receiving and hearing
losses ty the claims of citizens of this Territory, for losses occasioned by
Indians. Indian depredations, since the first day of November, A. D.
one thousand eight hundred and thirty-five.
SEC. 2d. Be it further enacted, That said Commissioners,
Commis- before ente-ing upon their duties, shall be sworn taithfully to
make oath support the Constitution of the United States, discharge their
to support trust as Cornmissionirs, and justly and impartially to investi-
the consti- gate and adjudge such claims as may be exhibited before them,
ttio. f which oath shall be written on the back of the commission,
&L!. signed by the commissioners and attested by the officer admin-
istering the same.
To visit SEC. 3d. Be it further enacted, That said commissioners
the diffri after being duly sworn, shall visit the different counties within
entconties their respective districts, and after due notice, shall proceed to
receive the accounts of losses, sustained by reason of Indian and take
hostilit;ps, ani stall receive and hear such legal testimony, astimn
tnay be presented by the clai ants in each case, and award
thereupon such amount as they may d&emn just..
SEc. 4th. Be it further enacted, That said Commissioners Empower.
shall have power to ad'n. nister oaths to witnesses, and to issue edtoadmi.
commission to take the depositions of persons residing without "oath,
the limits of the Territory.
SEc. 5th. B" it further enacted. That said Commissioners
shall keep an exact record of all their proceeding~. a:ld of the To eep a
testimony taken before them, and the amount awarded in each rord.
case, w ich said record shall he delivered by them to the Gov-
ernor, to be deposited in the Executive Oifice.
SEC- 6th. Be it further enacted, That befaie proceedings to
receive and adjidicate said clai us, the sail commissioners shall be given
give thirty days notice of the places and times, at, which they to th dis.
propose to sit in each county, to th'e, District Attorney, of the trict attor,
United States, for the District in whichsaid county may be n~'y
Sec. 7th. Be it further enacted, That itshall be the;duty 'f Results
the Governor, to lay before the next Legislature, the results re- net Lep
ported to him by said Conimissioners..' islature.
SEdi 8th. Be it farther enacted, That said Conmmissioners
shallreceive as compensation for their: services, from the claim- Compen-
ants, the sum of one half of one pet cent, npan-be whole amount
claimned, td be divided between them equally, and said compen-
sation'fshali be paid on presentation of said claim,, and the pay-
ment shall inr nowise be dependent upon the amount awarded.
S'c. '9th. Be it further enacted. That: any two of each
board, shall constitute a quorum, for the purpose of receiving Quommn.
teaimony, hbt -that the whole board shall be present at' the time
,of decidira upon ana awards.-
SEC. 10th, Be it further enacted. That in case of the death
or resignation of any such commissioner,, above provided for, Death or
it ,shid be they'dltV ot the Governor, to supply the vacancy so tioot a
occurring, immediately unon his being notified thereof, which commit.
appointment slhall he valid, until the next meeting of the Le-
Sec; t 'th. Be it fui-ther emncted, That the Govetnor may,
tfr caUts, remove any commissioner during the recess of the Gov 'or
Leostati'e Council, but the c.ine of such rerdovab shall besub- move any
tnitted by him to the said Lprislature, at their next annual meet- commit.
'thg for their approval or disapproval. sooner.
[Approved f4th February, 1841.
NO. 25.-An Act to amend An Act, entitled An Act"to incorporate
the City of Apalachicola.
SECTtON ist. Be it enacted by the Governor and Legislative
To reduce Councilof the Territory of Florida, That so much of the 7th
ofthernay section of the act, to which this is an amendment, as gives to
or of Apa. the Mayor "of the City of Apalachicola, an annual salary of
lohiela. one thousand dollars, btw repealed, and that the said Mayor shall
receive a yearly salary of two hundred and fifty dollars.
[Approved 2nd March, 1841.
NO. 26.-An Act to authorize the Brunswick and Florida Rail Road
Company, incorporated by the L-gislature of the State of Georgia,
to construct a Rail Road through the Territory of Florida.
WHEREA~, The Congress of the United States, by an act
Preamble. approved January 31, 1 i~7, has granted to the Brunswick and
Florida Rail Road Company, the right of way through the
public lands of this Territory.
SECTION 1st. Be it therefore enacted by tie G ernor and
To extend Legislative Council of the Territory of Florida, That the
to the Apa Brunswick and Florida Rail Road Company, be, and they are
or Gu of hereby authorized to construct and extend said Rail Road
Mexico. through the Territory of Florida, to any point on the Apala-
lachicola river or Gulf of Mexico, that they may deem proper.
SEm 2d Be it furlter enacted, That said company shall be held
Their and deemed a body corporate and politic, and it shall be lawful for
privileges. them under their corporate name, to possess andezercise all the
rights, powers, asd privileges, heretofore granted to the Talla-
hassee Rail Road Company in this Territory, in the construc-
Proviso. tion and keeping the said road in. operation, and all other rights
incidental to like corporations: Provided, however, That ne
exclusive-rights or privileges are hereby granted,. inconsistent to,
and conflicting with the rights of any existing corporations.
tApproved 2d Marc, 1841..
NO. 27.-An Act to incorporate the City of Port Leon.
SECTIon 1st. Be it enacted by the- Governor and Legislative
Council of the Terrilory of Floridw. Tiat all the free white
inhabitants in that part of Leon county,eomprehended' with-
in the following boundaries, commencing at the junction of
Boundary. East River with Apalachee bay, thence up said bay or river,
until it intersects with the St. M*rks river thence up the east
bank or margin of the St. Marks river until it intersects
the Township line, thence south along said line until it inter-
sects with Eeast river, thence down said river to the starting
point, and for the purpose of suppressing nuisances the juris-
diction of the said corporation shall extend to the distance
of three hundred yards beyond the west bank or margin
of St. Marks river, and to the distance of three hundred yards,
on every other side, beyond the said limits or boundaries shall Ineorpora.
be and are hereby constituted a body politic and corporate by ti"n.
the nane and style of the City of Port Leon ; and by their Privileges.
corporate name may sue and be sued implead and be impleaded,
grant, receive and do all other acts as natural persons, and may "Hld pro.
purchase and hold real, personal and mixed property, or dispose pert.J
of the same for the benefit of the said city, and may have and City seal.
use a city seal which may be altered or broken at pleasure. coinca
SEc. 2d. Be ztfurther enacted, That the government of the of a May-
said city shall be vested in a person to be called the Mayor and or and Al-
a board of Alderman to be electen in the manner, by the per- derman.
sons and at the time here-in-after directed.
SEc. 3d. Be it further enacted, That all free white male in- Qalifica.
habitants, who are citizens of the United States, of the age of voters.
twenty-one ears and upwards, and who have resided twelve
months in the city, next preceding the day of election, and paid
all taxes assessed and due, under any ordinance of the said Election
city, shall be qualified to vote at the election of Mavor and on the lrt
Aldermen, and the election shall be held on the first Monday in Mondayin
January in each and every year,by three commissioners to be ap- January.
pointed by the Mayor, at least ten days before the day of election
SEC. 4th. Be Zt further enacted, That all f:ee white male
citizens of the United States, of the age of twenty-five years Qu'!i(i-a.
and upwards, who shall have resided one year in the city, and Mayo for
shall be a housekeeper, and the owner of a lot therein shall be Alderman.
eligible to the officer of Mayor or Alderman.
SEc. 5th. Be it further enacted, That the Mayor and Alder- Council
men shall in all cases continue to act in their respective func- hall ten-
titue to act
tions, until their successors are elected and qualified to serve, until their
and the board of Aldermen shall have power to fill vacancies succrs org
in their own body in the manner hereinalter directed. be elected.
SEc. 6th. Be itfurther enacted, That the whole number of
Aldermen elected hall be eight, anid said election of Mayor No. of Al.
and Aldermen shall be by ballot, and shall be held at such pl;ce chosen by
within the limits of the city as the said commissioners shall ap- ballot.
SEC. 7th. B. it further enacted, That the Mayor and a board
of Aldermen shall. within five days after their election, convene Within
at such place, as the Mayor may appoint, and organize their ive dily
board, by taking the following oath of office. to be administered let tionr
to the Mayor by a Justice of the Peace, or one of the members the Mayor
and Alder- of the board, ahd then by the Mayor to the members of
m .nto the board. I, A. B. do solemnly swear (or affirm) that I
will to the utmost of my power support. advance and defend the
good order, peace and welfiare of the city of Port Leon. and
its inhabitants, and will faithfUllv demean myself in the office of
Mayor (or Alderman) of the city of Port Leon, and I do fur-
ther wear (or affirm) that I will support the constitution of the
Appo;nt- SEC. Sth. Be it further enacted, That the Mavor shall be
mei roof- President of the board of Aldermen, and shall have the casting
vote in case of a tie, and the board of Aldermen shall have the
Salaries. appointment of all necessary officers for the city. and shall have
the power to fix and determine their compensation or salaries,
Provisa. and also the salary of the M'yvor as they shall deem fit and
proper; Provided. that the salaries or compensation "shall be
injured or diminished during their respective terms of service,
and provided that no law or ordinance shall be passed, granting
a salary, per deim allowance or fees to the members of the
board of Aldermen.
Board of SEC. Oth. Be it further enacted, That the Mayor and board
health, of Aldermen shall constitute a board of health for said city,
and shall have power to appoint all necessary officers. to enforce
Quaran- and carry into effect all laws of the Terlitorv and of the board
tine. of Aldermen. regulating the quarantine of vessels and for the
preservation of the health of said city.
Quorum. SEC. 10th. Be it further enacted, That five members of the
board of Aldermen, shall be necessary to form a quorum to do
Absence bus-ness. of which the Mayor shall be one ; but in the absence
o the of the Mayor. the Aldermen may appoint one from their body
as President pro tempore, who aiy also act as Mayor pro tern-
Board may pore during the absence of the Mayor, but a less number than
comp,-lth five may adj urn from day to day. The board may compel
attendance the attendance of its mertibers in such manner and under such
penalties as they may by their regulations provide ; they shall
settle thtir rules of proceedings, appoint their -own officers,
regulate their respective fees, and remove them at pleasure;
they shall judge of the election returns and qualifications of
My expel their own\ members, and inav with the concurrence of three-
a member. fourths ,t their whole number, expel any member for disorderly
Keep a behavior, or inal conduct in office; they shall keep a journal
journal of their proceedings, and enter the eas and nays on any ques-
tion, resolve or ordinance at the request ot any two members
their deliberations shall be public, except that they may sit with
cloIsed doors, .nid deliberate in secret on extraordinary occa-
sions, when in their opinion the peace and welfare of the city
Mlyer re- shall require it,all laws or ordinances, passed by the board,shall
sbing t. be signed by the Mayor, but if he should refuse to sign any law
or ordinance, passed by the boards he shall give his reasons sign anor.
for such refusal, and if Iwo-thirds of the board shall then on dinance.
reconsideration thereof, still approve the same, it shall be in
force in like manner as it he had signed it : Provided, that no
law or ordinance of said board of Aldermen. shall go into ope- Three
ration until the same shall have been published for three weeks ieeks one
in a newspaper printed in said city, or by posting a copy there- given.
of in at least three of the most public places in said city.
SEC. llth. Be it further enacted, That it shall be the duty of Duties of
the Mayor to see tilat the laws.and ordinances of the Corpora- Mayor.
tion of said city be duly executed, and he shall report the negli-
gence or misconduct of any officer to the hoard of Aldermen,
who may on satisfactory proof thereof, remove from office such
delinquent, or take such other measures as shall be just and pro-
per, and he shall have power to convene the board of Aldermen,
whenever in his opinion the public good may require it.
SEC. 12th. Be it further enacted, That the commissioners Commis-
who may be appointed by the Mayor to hold an election, shall sectionss
on the day appointed for holding the election, take an oath or to take
affirmation before some person qualified to administer the same, oath.
that they will without fear or favor, faithfully and impartially Clerk.
conduct said election, and they shall appoint a clerk, who shall Mannerof
be in like manner qualified, and shall open a poll book for the ing de
reception of votes and cause the names of the voters to be re, tions.
corded therein, which shall be deposited among the arc'ievesof *
the city, as soon as they shall have completed the duties herein Poli to a,
assigned them; the polls shall be opened at nine o'clock in the pen at 9
morning,,or as soon thereafter as conveniently can be done and at 5 r...
closed at five o'clock. in the evening, and immediately thereafter
the said commissioners shall proceed to count the votes polled;
and declare the person elected as Mayor, and'the peroIns elect-
ed as Aldermen.. who respectively shall have received.,the lar,
gest number of votes taken ; and shall make out a written cer;
tificate thereof, at the lfot of the poll book, which shall be sigo- Mayor e
ed by the' said commissioners and tested by the clerk, apd deli- nofied "
ver a copy thereof, thin twenty-f; ur houis thereafter, to the within 24
Mayor elect, who on receipt of tlhe same shall'notify the'Alder- hours.
men elect of their election, and who together sh1 l c6vene and
qualify as hereinbefore directed.
SEc. 13th. Be it further enacted. That in case n. election IF no elc-
shall be liolden or eff:eted, from any cause 'Ih at vr: at tionhoh
the time appointed, the charter of the corplori4ibn shal) mayor
not tor that cause be forfeited; but those in officeslial bontintre shall order
to act, and the Mayor shall appoint another day,'and order an another.
election as near as convenient t, ihe one appointt;d ierein before.
SEC. 14th. Be it further enacted. That in case of the ab-
sence of the Mayor, the board may appoint of their body a The May.
or being Mayor pro tempore, who shall Ferform all the duties required
ab.-in. of the Mavor during his absence ; but in case of tl. cui r
In cOe of,
i.:h or resignation of the Mayor, the board of Aldcrmen i- :;1l u0i"r
re Ia'a. an election to fill the vacancy for the remainder of the lern.. in
tion. the manner provided for in this act, and the board of Aldermen
shall have the power of filling all vacaxcles in their body, that
may occur during the year for which they are elected.
SEC. 15th. Be it further enacted. That it shall not be law-
ful for the Mayor or Aldermen to be concerned, directly or in-
directly in any contract for buildings or other public improve-
ments, in which the city of Pori Leon is. or may be interested,
i:ontracts and before any contract shall be entered Into, the Mayor sinail
for public give ten day's notice in some newspaper published in the city.or
works, if there be no newspaperthen in such manner as he may dcein
proper, that sealed proposals will be received for such contract
The board and the proposal shall be submitted to the board of Aldermen,
to decide. who shall have the right to accept any one of such proposals,
or reject them altogether if they shall deem it proper. and if no
proposals shall be made, then the board of alderman may act
in any way they may think best.
SEC. 16th. Beit further enacted, That the said corporation
Board to shall have full power and authority to pass all laws and ordinances
makelaws to prevent nuisances, and remove them, and to pass all neces-
sary laws and ordinances imposing fines and penalties tor the
To pre- preservation o' good order and peace of the city. To establish
derveor, quarantine regulations, and enforce the same, appoint night
Patrols. watches and patrols, and erect lamps; to regulate the stationing,
anchorage and mooring of vessels, docks, wharfs and wharfage,
Theatrical to regulate and restrain theatrical and other public amusements;
and other to regulate and establish markets and market houses, to erect
ments and repair work houses, houses of correction and other public
Public buil buildings; to make and keep in repair all necessary streets, pub:
dings, lic squares, drains, sewers and burying grounds; to establish
and regulate fire wards and fire companies, and the sweeping of
We's and chimneys; to sink wells and erect and repair pumps in the
pumps. streets, and other water works; to establish and regulate the in-
spection and weighing of cotton, lumber, tobacco, and other
articles, and the guaging of casks and liquors; to regulate the
Gnnpow. storage of gunpowder, and all naval and military stores; to re-
der &c. gulate the assize and price of bread; to restrain or prohibit tip-
piing houses, lotteries, billiard tables and gambling of every
Public kind; to provide for the establishment and eover'nient of pub-
selools. lic schools; to open, alter, r' gulate and pave streets and side
Old build- walks; to remove old and decayed buildings or ruins, making
wings. adequate compensation to the owner or owners thereof. for the
same; to borrow money for the use of the city to provide for
th" onor, infirm and insainP of the city; to restrain and punish
off'nces co nmiued by :wTrones and people of color; to levy, Nirroes
a~.p~s ad ':)dlect taxes iaa licenses, for the use of the city: Taxes.
Prolde.l, That no tax shall he imposed on real property at a Proviso.
hi.ier rate than one hall of one per ceitun, on the assessed
value thereof. and to pass all laws a d ordinances necessary to
give elfi-t and operation to all the powers vested in the said
SEC. 17th. Be it further enacted, That all fines, forfeitures
and penalties, a id ta'le i posed bv the corporation, shall be Fines &e-
recoverable before the M mayor, a Justice of the Peace, or any
court of record, and if the person or persons by whom the same How re.
shall be due and unpaid, shall be a non-resident of the city, or covered.
shall have absconded therefrom, the corporation shall have the
sI-ne remedy by attachment for recovery thereof, as is- by law
provided in cases ot absent or absconding debtors.
SEC. 18lh. And be it further enacted, That this charter
shall be in tbrce from and after the passage thereof, and the
first election for M iyor and Aldermen sh ll be head on the first First elec-
Monday in April next, under the superintendance of Samuel A. tperin,
Spencer, Wil:i:trn McNaught and Robert Hix, or any two of tendents
them, at aiiv c nveni-nt place in the city, which they may se- togivetesn
lect, giving at least ten days notice thereof by hand bills posted tic o
up in the most public places in the city; and the Mayor and
Aldermen so elected, shall comply with all the regulations here-
in before provide d, and shall continue in office until the first
Monday in January next, and until their successors are elected
and qualified as herein before provided.
[Approved 2d March, 1841.
NO. 28.-An Act to incorporate the Monticello Rail Road Company.
SECTION 1st. 'e it enacted bythe Governor and Legislative
Council of the Territory of Florida, That a company ,f here- Ineorpom
by incorporated, by the name and ,itle of the Monticello Rail Nate.
Ro'ad Company," and by that nmne. afl who shall become sub-
scribers and members of said company, their heirs, successors
or assigns, shall be capable in law, to purchase, receive, retain Powere.
and enjoy, to them and their heirs, successors or assigns. handss
and tenements, goods, chattels, aad effects of what kind soever,
and the same to grant, sell, mortgage and dispose of, to sue and
be sued, plead and be impleaded, to make a common' seal, and seal
at pleasure, to break and alter the same, to ordain, establish,
atsd put in execution, such by-laws and regulations, as may be By-laww
and regu- deemed necessary and expedient, for the government of said
aoions. corporation, not being contrary to the co institution or laws ot
the United States, or the lav; of this Territory.
Capital Sec. 2d. Be it further e 4actd, That the capital stock of
oeed $03 sai I company shall not am;:int to -n-re than two hundred thou-
000. sand dollars, to be divided into shares of one hundred dollars
Shares each books of subscription, [or which, shall be opened within
Books of sixty days after the passage of this act; at St Marks, under
subscrip. the superintendance of P. A. Swaim, G. G. Holt, W. H. Ma-
tion to be others; Port Leon, under the superintendance of W:n. Mc-
St..irks. Naught, R. Lyon, George Miller' and at Monticello, under
S.perin. the superinteniance of John A. C'ithbert. John B. Collins,
tenants ai Darius Williams and Martin Palmer: any two of whom, at
either of the above named places, shall be competent to receive
Booke to the subscription. The books shall be kept open for sixty days,
pen sixty and if at the close of the said sixty days, it shall appear that a
days. greater number of shares than two hundred thousand dollars
Manner of shall have been subscribed; th-'n, and in that case, the excess
proceeding shall be deducted from the largest subscription, in such manner
number of that no deduction shall be made from subscriptions of one hun-
sharessub dred shares or under; while such excess may be deducted from
scrib,'d ;e those subscripti-ns exceeding one hundred shares; and if after-
e000 wards, there should still be an excess, it shall be deducted from
all such subscriptions in a rateable proportion, But the said
Directors shall have the right to proceed to carry into effect the
provisions of this charter, as soon as one hundred thousand dol-
Payment lars shall have been subscribed, and at the time of, subscribing,
scription. one per cent shall be paid on each share subscribed for, and the
residue at the discretion of the President and Directors: Provi-
ded, That no instalments shall be required after that paid at the
time of subscribing, unless thirty day's notice thereof be given
in a public newspaper printed at Tallahassee, and not more
than twenty per cent, be required at any one time, on the whole
amount subscribed for, but said company shall have the privilege
of extending the subscriptions for stock from time to time, so
as not to exceed ten thousand dollars per mile for the whole line
of road constructed or under contract, under theIsame rules and
regulations as are herein before prescribed.
SEc. 3d, Be it further enacted, That if any Stockholder
shall fail to pay the sum required of hin by the said Presideut
and Directors, in -one month after the same shall have been ad-
Dolin. vertised as af.iresaid, it shall and may be lawful for he said
stockhol. President and Directors, or a majority of th m, to sell at public
ders. auction, and to convey to the purch&-er, the share or shares of
such delinquent stockholder or stockholders, giving ten days
previous notice of the time and place of sale in manner afore-
said, and after retaining the sum doe, and all charges of the
sale, out of the proceeds thereof, to pay the surplus over to the
former owner, or his legal representat ve ; and if the" sid safe
should not produce the sum required to be advanced, with the
incidental charges attending the sa e; then the said President
and Directors may recover the residue of the original proprie-
tor, or his or her assign, or executors or administrators or either
of them, by motion1 on ten day's notice b fore the Superiot or
County Court of that county, of which he, she or they; is or
are inhabitants, and where hie amount due;, dcie not exceed
fifty dollars, by warrant before a Justice if the Peace;- of such
county ; and any purchaser of stock, under such sale, shall be
subject to the same rules and regulations, ais the'original pro-
SEc. 4thi. Be it further enacted, That for the management
of the concerns of this company, the said P. H. Swaiin, W. Directors
H. Mathers, Win. McNaught, Gen. Miller, John A. Cuthbert appointed.
John B. Collins, Darius Wilfiams and Martin Paliner, slHlt be
and continue dire, tors, until twenty days afi'te the subscritio ns'
shall have ,een closed. That w vrii sad stock shall haed been
subscribed for, or the books clo-ed, notice shall be iveri, that
twenty days thereafter, an election shall be herd at Monticello,
for siven directorss,who shall be chosen from thie stockholders, Q"ualifi
I .tions for
having at least two shares' each, f tihp stdiick of said companyT, rirtors
one of wflich directors sharl'be elected for President by the said President.
directors; that said directors shall be elected' for the period of
one year, that twenty.days previ!se to th ternIinaidti of *hicH
period, notice shall ue given. by the President, inr a puilo nrews*
paper printed in Tallahasse, for a new election for a like niim-
ber of Directors, With the same qualificattoris, who shan choose
from their number a President, and in like manner, thereafter Election.
yearly, shall Directors anda President of said company be elect- to bn h.na
ed, for the management of its concal ns; that each share shall
be entitled to one vote updn all questions cninihg before the
Stockholders of saidl company; any Stockholder may aathorise
aq apent to Iote for him, and in all elections by the company, a
majority of votes shall constitute a choice, and the person or
persons go elected, shall hod hi or their offices, until his or
their successors are appointed ; b.t in the,event that no elec-
tioh shall take place, owing to the Iht. that no person or per- if no elee.
sons having a majority of votes as herein above prirvided. or io. be
from aly other caIs, the company shall not be considered dis-
solvei tbut he ol i dr.,ctors shall continue in office with the same
powers' as if they had been re-ele,-ted, until such new election
shall be.pade; and the 1Directors shall have powers to fill any
Vaancie. vacanciepAhpt mnay occur in their body, between the periods of
.SEC 5tl. 'Be, it further enacted, That the said company
shall have the right to construct a rail-road, with one or more
Privileges, tracks, for the transportation of passengers, produce, goods,
ar ..all other articles whatsoever, trom some point which' the
said commissioners, oy a majority of them, may designate, either
Ioute. to the river St. Marks, to Apalachee Bay, and to'or near Mon-
ticello, in the county of Jefferson; and the company may com-
mence said rail-road, at any point within, or adjacent to, the
above ,named rplage, and pursue such course 'and direction-
with, tie same, to point or points which may be selected as afore-
said, as maybe most conducive to the interest of said company
in accomplishing said work; Provided, the company shall, at
all times keep suitable and convenient fixtures for vehicles of
every kind: to cross the same, and in no way to interfere with
the present established roads, as may be established by law,
with furnishing such fixtures or causeway, to be made. as con-
venient a road, at the expense of said company; .and provided
also, that aniy ,other company shall have the right to connect
Branch branch roads with the same, and it shall be the duty and obli-
ods. gation of the company, to transport any and all passengers,
produce, merchandise and goods of every description over this
road, from any branches or other roads which may be contiect-
ed with ahis road, when the lading and unlading is done by said
branch or other rail-road upon their owner cars, which shall be
suitable to run upon this road, at seventy per cent, pro rata per
mrile of 4he regular charge, established by this company.
P SEC. 6th. Be it further enacted, That the said company,
Power to fly its President and Directors, shall have power to purchase
purctans with the funds of the company, and to place on the s iid road,
kt. all machines, waggpns, vehicles, carriages, and teams of any
description whatever, which they may deem proper and neces-
sary for the purposes of transportation; all such machines, wag-
ons, vehicles;carriages, and teams, and all t:e works ccn truct-
Profits. ed under the authority of this act, and all profits which shall
accrue from, the same, shall be vested in the respective Stock-
holders of the company, for ever, in proportion to their respec-
tive shares,.'and the same shall be exempt from any charge or
.tax whatever ; and they are hereby authorised, at those points
in the line of their rail-road where it may appear to them impor-
Depots 4 tant, for the accommodation and business of the road, to esta-
warohous- blish depots and warehouses, to be used by them for all neces-
sary purposes of said road, or to be disposed of by them, as it
may be deemed necessary, and to charge for the storage of pro-
duce. merchandise, and other articles, at such warehouses, as
they may filid it necessary to construct; rates not exceeding the Rates.
ordinary warehouse dues.
SEC. 7th. Be it further enacted, That in constructing the
s.id rail-road, it shall and may be Jawful for the said company,
by its President and Directors, or by its proper agents, or ser- May take
vants to enter upon and take possession of any land whatsoever, ossesson
which may bo necessary fur the completion of the work con-
templated by this act: Provided, That no lands shall be taken
from private individuals or corporations, and appropriated to the
purposes aforesaid, without compensation to those owning the Compen.
same, and that it shall and may be lawful for said company, in station to
like manner, to take front any land, convenient to said rail-road,
at .ll times, such timber, stone, or other materials, as may be Materials.
necessary for the construction of, and keeping in repair, such
rail-road: Provided, nothing belonging to individuals shall be
taken, without adequate compensation, to be determined as is
provided for in an act entitled, an act to incorporate the Talla-
hassee Rai Road Company, approved February 10th, 1834.
SEC. s8t. Be it Jurther enacted, That any company building
or construction branches to this road, shall be entitled to all the Any corn.
rights and privileges, secured with a capital to the extent of ten pany may
thousand dollars, per mile, for any rail-road constructed or un- branches.
der contract, and that the foregoing company shall have the
same rights and privileges in transportation, goods, merchandise, To enjoy
passengers, &c., upon any branch roads constructed herewith, rights.
as is given to the said branch road.
SEC. 9th. Be it further enacted, That the eighth, ninth, Certain
tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth and six- seCtons of
the act in.
teenth sections of an act, entitled, an act to incorporate the corporat-
Tallahassee Rail Road Company, approved February :0th, ing the
1834, he, and the same are hereby engraited in this act and here- Tll"has.
by declared to be a part thereof, and to be in full force and vir- co. are en.
tue. grafted in
[Approved 2d March, 1841 this act.
IYO. 29.-An Act to amend an Act to incorporate the City of Pensa-
cola, approved March 2d, 1839.
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That when any vacancv, or vacancies. Vca5ncy
may occur in the board of Aldermen of the city ot Pensacola, toflcadr
so as to reduce the number of members below two-thirds of men of
pentacela. the whole, it shall he t!e duty of the Mayor of said city, to,
Ho, filled order an elec.in to be i elJ to fill such vacancy or vacancies,
and he shall also appoint three commissioners to conduct the
same; and if the Mai or should fail, for the space of fifteen
days after any vacancy may occur to order an election, it shall
Igal vo- then be lawful for the legal voters within the limits if said city,
ters may to meet at such time and plan e, as they may think proper, and
rletion. order an election to be held to fill any vacancy that may have
occurred, and to appoint commissioners to conduct the same.
in the same manner as is provided for by the act to which this
is an amendment, and the person or persons so elected shall be
as competent to serve as if elected'at any annual election.
[Approved 3d March, 1841,
NO. 30.-An Act to change the name of Abraham Marshal Trotman.
Be it enacted by the Governor and Legislative Council of the
To change Territory of Florida, That from and after the passage of this
of A. M. act the name of Abraham Marshal Trotman shall be changed
Trotman. to Abraham Marshal Cason. and shall by this latter name be
hereafter called and known.
[Approved 3d March, 1841.
NO. 3.-An Act to repeal the fourth section of an Art, entitled an Act
to amend an Art passed January 31, 1838, entitled an Act to incor-
porate the City of Apalacbicola, passed March 2, 1839.
To repeal Be it enacted by the Governor and Legislative Council of the
of an act' Territory qf Florida, That tle fourth section of an act, entitled
incorporat. an act to amend an act passed January 31, 1838, entitled an
ing Apa. act to incorporate the city of Apalaclicola, approved March
lachicola. 2, 1539, be, and the same is hereby repealed.
NO. 32.-An Act to incorporate the Mechanics' Beneficial Society of'
the City of Tallahas ee.
SECTION 1st. Be it enacted by the Governor and Legislative
Councilof the Territory f Florida. That Jabez B. Bull, Rich.
ard A. Shines. John W. Levinus, Henry H. Berry, Andrew
Scott, Christopher Fletcher, and their associates be and they
Incorpora- are hereby declared and constituted a body corporate and poli-
tion. tic by the name and style of the Mechanics' Beneficial Society
of the City of Tallahassee, and as such shall be capable and
liable both in law and in equity to sue and be sued, to plead and
be imphl ided, and shall have power and authority to make all Powrs.
bye-laws and :t~ulati-rns necessary for the government of said
Society; Provided, such bye laws and rm.2'i .!l;,ijs are not re- Proviso.
puznant to the laws of the United States ,r ihe Territory of
SEc. 2d. Be itfurther enacted. That the .Ificrrs of said so.
city and their successors in orfirve under the name and style of Officers
the Mechanics' Society of the City of Tallidhai,,e. shall and may use
may have and use a common corporate seal, and the same to a cmon
alter, destroy and resume at their pleasure; and 'hey are hereby
made capable and able of ac:.'pt;n. z, r'ni and I'en: invel!e'd Hold pro.
with all manner of piFperts, real and personal, all d. na;ltonir, pert
gifts, grants, privileges, and immunities whatsoever: Pi m, nd, Provisa.
the legal interest upon the same shall not exceed the sum of
twenty thousand dollars annually, and this act shall not be con-
strued to authorise said corporation to issue bills of credit or
do any Ranking business.
SEc. 3d. Be it further enacted, That thi? act shall be in force
for the term of thirty years from and after the time of its passage. Duration.
Approved 3d March, 1841.
6O. 33.-An Act to incorporate Hami'ton Arc aemy in the county :f
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of ;Florida, That from and after the Incorpon.
passage of this act that Peter W. Law, Willi.m B. Hnliker. tlot
Joseph B. Watts. Wm. Roberts, Archibald M,'Neil and Israel
M. Stewart and their successors in office, be and they are here-
by declared to be a hn iv politic and corporate by the name and
style of the Trustees of H.iinrlmhn Academy. and as such shall Name.
be capable and liable in law to sue and be sued, plead and be im-
pleaded, and shall be authorised to make such bye-laws and Powers.
regulations as may be necetsa rv fr the ennod order and govern-
ment of said institution Provided, t.!at such hve-laws are not Ptoviso-
repugnant to the constitution and laws of the I'nited States and
of this Territory, and for that purpose may have and use a com-
mon seal, appoint such 4ic..rs, as they may think proper, and Seal.
remove the same from ifw:e t;'r improper conduct or neglect of Officer-
Sac. 2d. Be it further enacted, That the said Trustees and
their successors shall be capable of accepting and being invested Right to
with all manner of property, both real and personal, all dona- hold pro.
tions, gifts and grants whatsoever, which may belung to said perty
institution, or which may hereafter be conveyed or transferred
to ihem or the r successors. to have and to hold the same for the
proper benefit and behoof of said Academy.
SEC. 3d. Be it further enacted, That when any vacancy may
Vacancies. happell by death, resignation. or otherwise of any of the Trus-
tees of said Academy, the survivors or remaining Trustees,
shall fill the same in such manner as shall be pointed out in the
bye-laws and regulations of said Academy.
SEC. 4th. Be it further enacted. That said Academy shall be
Name. known by the name and style of" Hamilton Academy," and shall
Site. be stated in or near the village of Jasper in the County of
[Approved 3d March, 1841,
NO. 34.-An Act to amend the third section of an Act, entitled an
Act to establish two terms of the Superior Court in Columbia
Be it enacted by the Governor and Legislative Council oJ the
Spring Territory of Florida, That the time for commencing the spring
term to term of the Superior Court in Columbia County shall be on the
on the 2d second Wednesday in April, instead of the second Monday in
Wednes. May, as is now provided for in each and every year.
day in [Approved 3d March, 1841.
NO. 35.-An Act to prevent the stealing of neat cattle.
SEc'TIloN 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, 't hat if any butcher or
other person who slaughters for sale or market in the county of
Escambia, shall hereafter kill one or more neat cattle or beast,
in the vicinity of the City of Pensacola, or at any other public
Cattle place in said county of Escambia, he shall, within twenty-four
Pensacola. honrs, show the hide with the ears on, of such neat cattle or
beast, to the clerk of the market, of said city of Pensacola,
or to any Justice of the Peace thereof, if there be no
bMarks clerk of the market, abd if at any other point or place
to clerk of in said county, at a greater distance than four miles from
market or Pensacola, such hide shall be shown to the next Justice of the
justice of Peace, or to any free holder, under penalty of fifty dollars for
Penalty. each and every neat cattle so killed and slaughtered, to be re-
covered by any one who will sue for the same by action ofdebt,
before any Justice of the Peace, which penalty shall be paid
into the Treasury of said county of Escambia.
S.c. 2 i. ? it further enacted, That it shall be the duty of
the Clerk of the market, Justice of the Peace, or free holder,
as the case may be, to whon such hbil shall be 'xhibited, to
keep a record of the marks and br nds of said neat castle or lrks and
br ilna to,
oenst, and shall also record the na ne ot the pPrson fro:n wh,)mn be record.
said cattle were purchased. ed.
[Approved 4thl March, 1841.
NO. 36.-An Act for the relief Jabez B. Bull and Patrick Kerr.
Be it enacted rby the Governor and Leislrtive Council of the
Territory of Florida, That the Auditor and '.reasurer of the Auditor,
Territory, and the District Attorney of the .fiddle District ol Tr',iser,
Florida, he authorized and directed to audit a.d adjust the ac- Attorney
counts of William H. Michael, 'rix Collector of Leon county, to adjust
for eighteen hundred and thirty-eight, so as to give him. credit %V. H. Mi.
for such assessments as it i: ma.de to appear tv their satisfaction, count.
could not have been collected by him, of the persons and pro-
perty taxed within, the time prescribed hy law, by reason of the
removal of the property assessed, and giving credit to said
Mich.iel, .I. Bull, and Kerr, on the judgement in Leon Superior
Court against them therefore.
Approved 4th of March, 1841.
NO. 37.-An Act for the relief of John D. Parish, & Co.
Be it enacted by the .G nrnor and Legislative Council of the
Territory of Florida, That the Governor be requested to pay The Go-
John W. Parish and Co., the sum of fly hundred and twenty- rnr re
nine dollars and eighty-nine cents, for articles furnished the mi- pay J. Par-
litia in eighteen hundred and thirtyfive, from the fui4s under idi & Co.
his control, for the defence of the frontier settlements. $529 9.
[Approved 4th March, 1841
NO. 38&-An Act to authorise Executors, and Administrators, to sell
real estate in certain cases, and to repeal certain acts therein men-
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Fkrida, That it shall be lawful
for any administrator of any deceased intestate or the executor Adminie
of any deceased testator who has not power by the will of the tractor t.
testator, to sell real estate for the purpose of paying debts or to fi a et
make more equal distribute aon te heirs, devisees or lea-tion to e
make more equal distribution among tfhe heirs, devisees or lega- real etat',
il the s. tees to file a petition in the Superior Co irt of the county ii
Court. which letters of Administration, or letters testamentary have
been granted, setting forth that the personal estate of his intes-
tate, or testator; (as the case may be) is not sufficient for the
payment of the debts of such intestate or testator, or that
the real estate of such testator, or intestate cannot be
equally, fairly, and beneficially divide: among the heirs or de-
Estate to visees of such intestate, or testator, without the sale of the real
be describe. estate, setting out and particularly describing iri such petition
the estate proposed to be sold, and the names of the heirs or de-
Viiees of such intestate or testator, and particularly'stating
which are of age, atd which are infants, or femmes convert, in
case the estate is desired to be sold to effect the division;
and in ease they are desired to be sold to pay debts, setting
forth, under oath, the amount of the debts, to whom, and when
due. and the nature of the evidence by which they are established.
SEC. 2d. Be it further enacted, That upon filing of such
Court to petition in open court, it shall be the duty of the court to order
ione. cita citations to all the heirs or devisees, who are of fill age, and to
the husbands of such as are femmes couverts requiring them
to appear on a particular day mentioned therein, at a regular or
adjourned term of the court, not less than thirty days from the
time of issuing such citations, and answer said petition; and it
roappoint shall be the duty ,f said court, forthwith, to appoint guardians
uardians. to such of the heirs or devisees as are infants to answer and de-
fend against said petition; which guardian shall not be the pe-
titioner of; or of kin to the petitioner, or his attorney or agent.
SEC. 3d. Be it further enacted, That it shall he the duty
Duty of a of the guardian appointed as atoresaid, to deny all the allega-
udian tions contained in said petition, without being verified by oath,
and if necessary to employ counsel to defend for his ward or
SEC. 4. Be it further enacted. That said court shall not de-
cree or order sale of the real estate described in such petition,
when the allegations are denied by the answer: unless satisfied
Prooftobe ijy proof to be taken by deposition as in chancery cases, and
takon i" fied in the cause ; and when a sale of real estate shall be order-
cases. ed or decreed by the court commissioners shall be appointed in
Commis. the order or decree. with directions to sell the estate, eitl er fir
)e,appoinf- money or on credit, as mav be most just and equitable,. and to
ad. report to said court, in the time limited in the order or decree.
SEC. 5th. Be it tfrther enacted, That the petitioner shall
Petitioner not receive the money ,i' bonds retained and reported by the
d. gie commissioner, until he shall enter into bond and sufficient secu-
rity to be approved by the court, conditioned for the faithful
payment, and application ot the money arising from such sale,
according to the fi ial decree.
SEC. 6th. Be it farther enacted, That the said court shall,
upon coming in of the report of the conn n'ssioners, render a Court to
final decree in the cause, and if the ter ns if the sale have been "rnder d
complied with by the purch iser of the state, the co- nmisioners cree.
shall be directed by such hnal decree to convey the estate sold
to the purchaser.
Sec. 7th. 3e it Jur'her enacted, That whenever the court
shall, upon a fill hearing of lie c a e, decide tilat the estate When the
shall not be sold, the J;1 lge shall Alis -is the petition at the cost ditinedis
of the peiitioler, to be leviedl .f his own estate.
SEC. 8th. Be it further enatte 1, Tiat in all cases when pe-
titions may be presented t) anmy of the superior courts or this Manner if
Territory, for the sale of any real state pursuant to the provi- iVing nto
sions of this act, if the petitioner shall make oath that any of those heirs
the heirs or devisees, are of full age, and live beyond the limits, w,'o r, ide
of this Territory, or that their residence is unknown to the pe- territory
titioner, a notice by advertise-nent published in one or more
newspapers for such length of time as the court may order, shall
be deemed and held as ufficient notice, pu suant to the pro-
visions if this act.
SEc. 9th. Be it farther enacted. That an act entitled, an net
to faiiible executors, administrators and guardi'mn, to sell the Acts and
real estate of infants, approved February 12'h, 1830, and the part of
2d, 3d, 6th, 7th and 8th sections of an act to :inend the several pealed.
acts regulating county courts i;i this Territory, approved Feb-
ruary 9, 1838, be, and the same ire hereby repeiledl.
jApproved 4th of March, 1841.
NO 39.-An Act for the relief of the Tallahassee Rail Road Company'
Be it enai ted y the Governor and Legis'aliv, Council of the
Territory of Florida, That the Auditor of the Territryvbe re- Auditor to
quested to audit the claim of the Tallahassee Rail Road tlon- audit and
pany for the sum of one thousand dollars tfr a nezro man be- to pay the
longing to said Company, who was convicted of a capital,offence T R. It.
at'the last May term of Leon Superior Court and subsequently coS1000.
hanged, and that the Treasurer pay the same out of any money
in the Treasuiy not otherwise appropriated.
[Approved 4th March, 1841.
NO. 40.-An Act to provide compensation to persons saving wrecked
and damaged cotton.
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida. That it shall be the duty
Duty of of persons taking up cotton afloat in the rivers of this Territory,
persons to place the same in a secure place out of the weather and give
ac"n early notice by advertisement or by other means at the port to
found a. which said cotton was destined of the finding of the same, giving
float, a description of the mark or brands on said cotton together with*
the place of finding and the name of the finder.
Sac. 2d. Be it further enacted, That it shall be the duty of
Amount of the person finding said cotton, to deliver the same to the owner,
salvage. on his paying expenses of advertisement, and the sum of five
dollars for each bale so saved.
SEC. 3d. Be it further enacted, That if no owner shall ap-
pear, within three months after the time of such advertisement,
In ease no the person finding, shall expose the same at public auction to the
pner ap- highest bidder, and shall hold the proceeds alter the payment of
proper costs and charges, and the salvage aforesaid, for the ben-
efit of the owner.
SEC. 4th. Be it further enacted. That any person finding a
bale or bales of cotton, afl 'at or lodged by high water, on the
Punish. river or its banks, who shall secrete the same or appropriate the
m"nt for same to his own use, or shall refuse to deliver the same, when
~t on. required, shall be liable to fine and imprisonment, at the discre-
tion of the court, in any sum not exceeding five hundred dollars,
and imprisonment not exceeding six months.
LApproved 4th March, 1841.
NO. 41.-An Act to incorporate Cherry Lake Academy," in the coun-
ty of Madison.
SECTION Ist. Be it enacted by the Governor and ligzslative
Council of the Territory of Florida, That from and after the-
Trustees. passage of this act, that George Wyche, John S. Wyche, Wil-
liam L. Tooke. Jessee Tooke, Elisha Summerlin, Joshua B.
Coffe and Benjamin Sutton. and their successors in office, be,
and they are hereby declared to be a bod- politic and corporate
by the dame and style of the Trustees of Cherry Lake Acade-
Their my, and*as such shall be capable and liable in law, to sue and
powers. be sued, plead and be impleaded, and shall be authorised to make
such by-laws and regulations, as may be necessary for the good'
Proviso. order and government of said institution: Provided, That such
by-laws are not repugnant to the constitution and laws of the
United States, and of this Territory, and for that purpose may
Seal. have and use a common seal, appoint such officers as they may
think proper, and remove the same from otice for improper Offeers.
conduct or neglect of duty.
SEC. 2d. Be it further enacted, That the said trustees and
their successors, shall be capable of accepting and being inves- May held
ted, with all manner of property, both real and personal, all do- property.
nations, gifts, and grants whatsoever, which may belong to said
institution, or which may hereafter be conveyed or transferred
to them or their successors,to have and to hold the same for the
proper benefit and behalf of said academy.
SEC. 3d. Be it further enacted, That when any vacancy
may happen by death, resignation, or otherwise, of any of the Vacancieso
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 academy.
SEc. 4th. Be it further enacted, That said academy shall be
known by the name and style of Cherry Lake Academy," Name.
and shall be situated in the neighborhood of Cherry Lake in the
county of Madison.
[Approved 4th March, 1841.
NO. 42.-An Act to encourage the destroying of Wolves in the Ter-
ritory of Florida.
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That it shall and may be
lawful for any County Court in this Territory, at its first term c, outy,
in every year, to order a tax to be assessed upon neat cattle, not taxcattle.
at any time to exceed two cents per head, and to order the same
to be collected in like manner with other county taxes by the
tax collectorr and paid over to the county treasurer.
SEc. 2d. Be it further enacted, That said taxes so assessed
and paid in, shall be set apart as a fund to be applied as a re- Fund ap.
ward for destroying wolves in inanner following, as from time reward.
tb time, may seem necessary to said county courts.
SEc. 3d. Be it further enacted, That said county courts may,
from time to time, offer a reward, not exceeding four dollars for Amountof
the scalp of every grown wolf, and not exceedin-. two dollars reward.
for every wolf supposed to be under three months old, proven
to the satisfaction jf said county court, to have been destroyed
within said county.
SEc. 4th. Be it further enacted, That this act shall not be
construed as compulsory upon any county court, to assess such Act not
tax in any county where the same may not appear necessary Compulso.
to assess such tax, but legahlze the same in any county where it ry.
.may appear necessary.
EC.. 5th. Be it further enacted, .That if any person or per.
Violation sons, will wilfully violate this act, by demanding record for wolf
of this t. scalps not det royed within the county where the same may be
How pun. 'wher ,.th sam m
sh d. presented, or bring a wylf into any county, caught beyond the
limits thereof. to be destroyed or killed in said county, for the
purpose of entitling him to the reward, he shall be fined in a sum
hot exceeding twenty-five doll.irs, to be recovered by said court,
or before any Justice of the Peace for said county, ole half to
the use of the informer, th other half to the use of the county
to be added to said fund.
[Approved 4th March, 1841.
NO. 43.-An Act amendatory to the several acts incorporating the
Central Bank of Florida.
SEcTIon lit. Be it enacted by the Governor and Legislative
central Cuncil of the Territory of Florida. 'That the Stockholders of
Bank toe the Central Bank of Florida, shall, and they are heieby autho-
removedto raised to remove and locate said bank at St. Joseph, in West
St.Joseph. Florida, any thing in the charter o.l the said bank, to the con-
Proviso. trary notwithstanding : Provided, however, That the said bank,
and its charter, shall, upon the organization of the Government
of the S:ate of Florida, under the Constitution formed af St.
Joseph, be subject and conform to the several provisions in said
constitution, and to the regulations and restrictions therein, and
if said State is not admitted under said constitution, shall be
subject to the provisions of such constitution as may be adopt.
SEC. 2d. Be it further enacted, That the said bank shall not,
The Bank hereftter, he disposed of, or in any manner sold, or the privili-
again be ges thereof. transferred to an) other bank or corporate institu-
sold. tion, and tie said bank shall not have power to establish any
branch or agency east of the Apalachicola river.
SEC. 3d. Be it further enacted, That the said bank on failure
On failing to redeem its bills on demand, in specie, or its equivalent, shall
tiay pe. Zpso-facto, forfeit all rights and privileges under this charter, and
the amendments thereio.
SEc. 4th. Be it further enacted, That all rights and privile.
Rightsand ges under this amended charter, shall he forfeited, unless a ma-
forfeited jority of the Stockholders in said bank shall within one year
unless Go. tron the passage thereof. notify the Governor ot this Territory,
vernor no. of their acceptance of the modifications and restrictions herein
SEC. 5th. Be it further enacted. That all acts and parts of
Repeal, acts, inconsistent with, and contrary to, the provisions of this
act, be, and the same are hereby repealed. '
[Approved 4th March, 1841.
NO. 44.-An Act supplementary to the act approved on the 8th day of
February, 1833, entitled, 'An Act to i corporate the Tropical Plant
Company of Florida.
WHEREAS, by the act to which this is a supplement, Doctor
Henry Perrine was appointed one of the trustees of the said
company, and also, superintendent and manager of the nursery Preamble.
and garden therein mentioned, was murdered by the Indians
while prosecuting the undertaking contemplated by the said
Whereas, Mrs. Ann F. Perrine, the widow of the said Doc-
tor Perrine is desirous in all things of carrying into effect the
views of her late husband, by prosecuting the cultivation of
Tropical Plants, &c., but is now prevented by the war with the
Indians, from devoting her personal attention to the subject.
SECTION 1st. Therefore be tt enacted by the Governor and
Legislative Coancil of the Territory of Florida. That Mrs.
Ann F. Perrine, be, and she is hereby appointed a trustee in the Mrs. Per-
said company in the place of her late husband, with full power rine ap.
and authority to do and perform all such acts and things as her pointed
said husband might or could have done at any time, under the
said act, and shail be entitled to receive for, and on account of
the expenditures hereto;,re made by Dctor Perrine, such sum
as he would or could have therefor, and any temporary absence Tempe-
of Mrs. Perrine, from the Territory, during the continuance of mceshall
the present Indian war, or for one year after the conclusion not effect
thereof, shall not be considered as atff-cting any of the tight her rights.
conferred upon her by this act, or which her husband, if alive,
might have had under that act. to which this is a supplement.
SEC. 2d. Be it further enacted, That so much of the said Drawing
act, to which th:s act is ,upplementary, as authorises the draw- repea led
ing of a lottery, be, and the same are hereby repealed.
LApproved 4th March, 1841.
IQ0. 45.-An Act giving the rights of lien to ship wrights material
men. &c. in this Territory.
Be it enacted*y the Governor and Legislative Council of the Lien oea
Territory of Florida, That ship wrigits mater;ai romn. and sup. ships, &e
plies of ships and steam boats. atd other water cralts in this Ter- rendered
ritory. shall h-vea lien on the siips and boats and other crafts. on and provi.
which they have rendered ,i rv ce, and to which they have fur- sions flr.
nished supplies to the amount uf their debts, respectively : Pro- nished.
Provioo. vided. however, That this right of lien is to cease, if the ship
or boat is penn tted I), depart without exercising the right.
Jacobsons Sea Laws. 337 note.
New York Laws, August 1798.
7 Peters Sup. Court Rep. 341.
[Approved 4th March, 1841.
NO. 46.--An Act to provide for the eompensa'ion of the officers of the
Legislative Council, and for other purposes.
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, Ti at the following sums
be, and they are hereby appropriated out of the amount allowed
by the United States, for the expenses of the Legislative Coun-
cil and other expenditures for the year one thousand eight hun-
dred and forty-one.
Senate. To James S. Robinson, Secretary of the Senate, six hundred
Sec'y for. dollars;
Sergt. at To Alfred A. Fisher, Sergeant-at-Arms, for the Senate, three
arms. hundred dollars;
Doorkeep. To James T. Barry, Door Keeper for the Senate, three hun-
'r. dred dollars;
Three enr. Three Assistant or Enrolling Clerks, for Senate, three hun-
clerks. dred and fifty dollars.each;
H. Rep. To James H. Gibson. Chief Clerk of the House of Represen-
Chief cl'k. tatives. five hundred dollars;
Reading George W. Parker, reading Clerk of the House of Repre-
clerk. sentatives, four hundred dollars;
Three as- Three Assistant or Enrollnng and Engrossing Clerks, for the
clerks. House of Representatives. each three hundred and fifty dollars;
Sergt. at To Henry T. Copeland. Sergeant-at-Arnis for House of Re-
arms. presentaiives. three hundred dl'llars;
Doorkeep. To Michael Led with, Door Keeper for House of Representa-
Or. tives, threat hundred dl!ars;
Stationary To George O. '.'eMullin. & Co.. for stationary and sundries,
two thousand aiid thirlv-niin dollars and twelve cents.
Printing. To Samuel S. Sibleo, lor printing. eirbt I-undied dolla;s;
F. Towle. To Frederick 'owle. on account, one hundred and twenty-
eight dollars and twelve cents;
Wood,&.c. To A. A. Fisher, for wood and boy hire, onehundred thirty
Furniture. To J. C. Jacobi, for furniture. &c.. four hundred dollars;
Servant's To M. Ledwith, for hire or boy. sixiv-dollars;
arpetand To James Barry. accollut for putting down carpet and fur-
4hairs. fishing chairs, eighty-three dollars;
To Havward & Austin. for suidries, six hundred and ninety- Sundries.
seven dollars iand t venty-five cents;
To P. A. -Iayvvard, acc.u ut for stationary, one thousand Stationary
and forty one dollars and lifty cents;
To Btton & P stier, tr sui:drips, two hundred and forty-se- Sundies.
ven dollars and frtv-four cents;
To Win. H. Vl!chael, for taking charge of the Council Room, Taking"
dollars; charge of
&c.. seventy-five dollars; furniture.
To John W. Lavinus. to work done on the Capitol, &c., one For work.
hundred and eiLhty dollars;
To C. E. Bartlett. for miscellaneous printing and for printing Printing.
the laws of the present session, seven thousand d llars;
SEC. 2d. Be itfurther enacted, That the Governor be, and is Allowanc.
hereby authorized to allow double per diem to the President of det and
the Senate, and to the Speaker of the House of Representatives, Speaker.
for the present session.
SEC. 3d. Be it further enacted, That the sum of three hun- .Distribut.
dred dollars be, and is hereby set aside and appropriated for the l the
purpose of distributing the laws of the Territory.
Sec. 4th. Be it further enacted, That the Secretary of the Sec'y to
Territory. be requested to certify the following amounts as ar- acts. thof
rearages of the expenses of the Legislative Council, for the S. S. Sib-
year eighteen hundred and forty one: Provided, the! same shalt ley for
not be so certified as to be a charge upon the appropriation. p ntingF
made by Congress for the present year to Samuel S. Sibley, be'Whitner
allowed two hundred and eighty.ei'ht dollars and ninety cents.for print-
for printing for the year eighteen hundred and forty ; n, 184.
Benjamin F. Whitner, the sum of eight hundred and twenty
two dollars ahd twenty-one cents, for printing tor eighteen hu..,
dred and forty.
William Willson, the sum of five hundred and thirty-nina: Wilson
dollars and seventy-five, for defined debts from eighteen hunt or define
dred and forty, and provid-d, that the appropriation for the debts~ for
present session of the Legislative Council, be sufficient, and if 1840.
not, Congress is hereby requested to make an appropriation for Proviu.
the payment of the same-the claims being just, and not hav--
ing been paid.
[Approved 4th of March, 1841.
NO. 47.-An Act to amend the charter of the Tallahassee Rail Road
SECTION. 1st. Be ;t Pnacted by the Governor- and Legislative
Couneit of the Territrry of Florida, That the President aird
Direeters of the Tallhas;ee Rail Road Company, be. and they; To in-
are hereby authorised to increase the capital steek of said Cour- epitai not
to exeed pany, to any sum not exceeding one hundred thousand dollars,
$10,000. over and above the present stock of said company in same man-
ner, and under the same rules, regulations, restrictions and pro-
visions, as are prescribed in the second section of the act incor-
porating said company.
SEq. 2d. Be it further enacted, That said company be, and
To locate they are hereby authorized to locate anid build anew the' line of
anew the said road for four and a half miles from Tallahassee, or any
red r 4half art of said distance, in the same manner as if ihe same had
miles from.never been located in the same manner, and with the same pri-
Tattahas- vileges, conditions restrictions, responsibilities, liabilities, rights
aee. and provisions asis. providledinsaid charter,,for the location of
Sthe line of said road and the building thereof.
[approved 4th of March, 1841.
NO. 48.-An Act to' incorporate the. Tampa Bay'and 'St. John's Rail
Road, Canal and'Steamboat Company.
SEFTIONi tst. Be it enacted by the Gorrnor and Legislative
Council of the Territory of blorida, That John P.'Dtval,
Augustas Steele, William Wyot*, Charles 'Dihpo'n, Jese Coe,
MNvers, Charlks le Barron. William Bailev, John Bellamy,
William P. M-sely, John H. Pope, Dhnidl Bell, Gaineit'An-
d'iews, Jacob Snmmerlin, Robert A Taoms, Simeon Sanchez,,
Jafs. Hernandkz, AMexander Pope, Th',imas' J. Linton, Duincan
,L. Clinch, Thomas Brown, George K Walker, Henry J. Pope,
William !'illson, William J. Armistead, and such other persons
as'they may receive into their company, and tlpir heirs, succes-
tlaopora- sors and assigas, are hereby ilicorporated by the name and style
nma. of *the Tampa Bay and St. John's Rail Road, (anal and Steam-
boat Comnpany; and by'ihat name, all who shall become mem-
bers of the said company, their heirs, successors and assigns,
shall be capable in law to purchase, receive, retain and enjoy,
to them arid their heirs, successors or assigns, lands, tenements,
P ivileges good-, chattels, effects, of whatkind soever, and the same to
Spowergrant, sell, mortgage, and dispose of, to sue and be stied, to plead
Beal. and be impleaded, to 'make a common seal, and at pleasure to
break or alter the same; to ordain, establish and put in execu-
Bye laws tion, such bv-laws-aad regulations,as mav be deemed necessary
ktiona. and expediantyfor thegovernment of .said corp;iration, not be-
ing contrary to the laws or Constitution of the United Statesl'
or laws of this ,XTerritory,
SEC. 2d. Be it further enacted, That the capital stock of
this company shall be oni: mni[lion of doll irs, divided into shares Capital tr
of one hundred dollars each, which shall be secured by the sub- 000.
scribers to the stock, on real estate in this Territory or elsewhere
by mortgage, or otherwise, as the President anl Dirertors may
direct; and that the President and Directors may increase the Stock may
stock to any amount necessary to carry on their concerns, with bl icreas.
the consetn of a majority of the directors, for which they may
cause subscriptions to be received ; and the President and Direc-
tors, or a majority of them are hereby invested with the power
and privilege of borrowing money to use in the proceution of May bar-
the objects of this incorporation, and they may pledge, mort- w '
gage, or hypothecate the property, and the interest of the com-
pany, both real and personal, for the payment of the same, and
interest; and genera.ly, they may adopt any acts, which they
shall deem necessary and expedient, to carry on the business and
accomplish the objects ot this incorporation.
SEC. 3d. Be it further enacted, That the said company
shall, at such time and place, and under such regulations, as
they may, in their by-laws, prescribe, hold an election ftr Pre- President
sident, and as many Directors as shall be requisite, for the man- direc.
agement of the business of the said company; and the said Pre-
sident and Directors, when elected, shall have power to appoint
such subordinate officers and agents as may be necessary, and
shall be capableof exercising such powers and authority f.r the Poweri.
well government and good order of the affairs of the said com-
pany, as to them shall appear conducive to its interest and pub-
SEC. 4th. Be it further enacted, That the President and Di-
rectors, when elected, shall hold their offices until their succes-
sors are appointed and qualified, but in khe event that no elec- tNo elec-
tion shall take place, the company shall not be considered dis- held.
solved, but the old President and Directors shall continue in of.
fice, with the same powers as it they had been re-elected, until
such new election shall be made; and the directors shall have the
power to fill any vacancy that.may occur i the Presidency, or
their own body, during the period of election.
SEC. 5th. Be it further enacted, That the said company
shall have the right to construct a railroad, with one or more
tracks, for the transportation of passengers, produce, goods
and all other articles whatsoever, from some point on the river Rthoe of
St. John';, or the navigable waters of the same, to some point
on Tampa, or Hillsborough Bay, or elsewhere on tlie Gulf of
Mexico, or on the Suwannee or With!acoochee, or thJir naviga-
ble waters,-as the company may select.
SEC. 6th.DBe it further enacted, Thatthe said company, by
Power its President and Directors, shall have power to purchase, with
purchase the funds of the company, and to place on the said Rail Road.
w .gons, all machines, wagons, vehicles, carriages, and teams of any de-
4c. scription whatsoever, which they may deem.proper and neces-
sary, for the purposes of transportation ; all such machines, wa-
gons, vehicles, carriages and teams, and all the work construct-
Profts. ed under the authority of this act, and all profits which shall
accrue from the same, shall be vested in the respective share
-holders of the company forever, in proportion to their respective
shares, and that the estates of said company shall not be subject
to any higher rate of taxation than other rail-roads in this Ter-
ritory, and they are hereby authorised, at those points, in the
line of their rail-road, when it may appear to them important,
for the accommodation and business of the road, to establish
Depots, depots and warehouses, to be used by them for all necessary
purposes, of said road, or to be disposed of by them, when it
may be deemed necessary, and to charge for the storage of pro-
duce, merchandise and other articles at such warehouses, as
they may find it .necessary to construct. Rates not to exceed
the ordinary ware house dues.
.SEc. 7th. Be it farther enacted, That in constructing the
said road, it shall and may be lawful for the said company, by
May take its President and Directors, or by their proper agents, or ser-
pogsession vants, to enter upon and take possession of any land whatso-
mfn land ever, which may be necessary for the completion'of the work
proper contemplated by this act: Provided, that no land shill be ta-
dompensa- ken from private individuals or corporations, and appropriated
tion to the to the purposes aforesaid, without compensation to those own-
wer ing the same, and that it shall and may be lawful for said com-
pany, in like manner, to take from any land convenient to said
Materials. rail-road, at all times, such timber, stone, or other materials, as
may be necessary tor the construction of, and keeping in repair,
said rail-road: Provided, that nothing belonging to individuals,
shall be taken without adequate compensation, to be determined
in the manner hereinafter provided.
SEC. 8th. Be it further enacted, That whenever it shall be-
come necessary -for the said company to take possession of, and
appropriate or use any land, timber, stone, or other materials,
Mode of owned by private individuals, or corporations, for the route of
prc edn said road, or for constructing or keeping in repair the same or
the co.a any part thereof, and if the parties do net agree on the value
pany can. of such land. stone, or materials, as may be so talen or appro-
not agree printed, it shall ard may be lawful for the President and Direc-
-rs he tors of said company, or their proper agents, on giving ten
i ,-e vaL days notice, at least, in writing, to the party owning the same,
or to his, her or their agent, that application will be made to nu of the
the Judge of the County Court, for a writ of ad quod damnum, aorma.
whica shall be granted and directed to the Sheriff, to summon '
five disinterested persons, householders of lawful age, to meet
and value such property on oath administered by any Justice of
the Pace, whose duty it shall be to attend in person, said in,
quest, and receive their report. The amount thus fixed upon
by the said valuation, the said officer shall receive from the
President and Directors or their proper agent, and pay the same
over to the person or persons entitled to receive it, and to take
an. acquittal or-refusal of the same, on his tender of the sum ac-
corded to t-e party entitled to receive it, or to his, her or their
order, or agent or attorney, it shall be lawful for said company
or their President and Directors, or their agent, to enter upon
and take possession of, and use any such land; timber, stone,
and other materials, but all the expense and costs incurred by Costs to be
the writ of ad quod damnum, shall be paid by the President paid by the
and Directors of said-company: Provided, the appraisers shall Amppiha
not; be allowed more than two dollars each per day, while en-
gaged in such.duties.
Sac. 9thi Be it further enacted, That all the property so
assessed and paid for by the President and Directors of said Property
company, or their agents, agreeably to the provisions of this and dona-
act, and all donations made to and for the same, shall forever onging to
afterwards:belong to and become, the property of said compa- the com-
nyi their heirs, subcessora, or assigns, in fee simple, in propor- pany.
tion to:the shares owned respectively.
Sic. 10th. Be- it further enacted, That: the said company
shall have the right and, privilege to own steamboats, vessels, May own
and other boat,, piers, dccks, for the transportation and con- .ambats
veyance of passengers, goods, wares and merchandi'ze of any:
and'every kind whatsoever; arr that they shall have the right
to. charge passage money, fieight, storage and. wharfage, and Charges.
all other charges which may happen.or:accrue, and upon all
passengers, goods, wares and merchandise, and other valuables
ot property which may be shipped, transported or canned in
steamboats. vessels or beats, or which miny he landed, or which.
may comq or be brought into the, warfs,, docks o piers, and the
said company shall have a lien upon all goods, wares, merchan-
dlze,produce. baggage and other articles, which shall or may f ave a
come, be transported. carried or stored in the steairboats, ves- p". he
s~pgboats. loc'nmotives, ears, or other vehicles, or in the ware money.
hou s, and other buildings for the passage m,,ney, freight, sto-
rage Or other charge', and shall havt the right to detain the
same, and to sell so much there,,f at auction, as will satisfy the
amioupt due said company, together with all costs and expenses
OB the same.
SEC. llth: Be it further enacted, That any- share 'holdernof
shares said company may, and shall have the right to dispose of, and
may a~ transfer his, her or heirlinterest, in the same, or any part there-
red. of, to any other person or persons, a which said transfers shall be
not binding, unless entered on the books of the company, but
the stock of said company. and all the property belonging there-
stock tobs to, or which may. from time to ti:e be acquired by said com-
yd jont. pany, shall be held jointly and not separately; Provided, that
Proviso. nothing in this act contained, shall be so construed as to prevent
the members of said company from using the profits and divi-
dends that may be declared upon said stock, to his, her or their
SEc. 12th. Be it further enacted, That the President-and
Directors of said company, shall have a right to demand and
R;ght to receive such prices and sums for the transportation, by their
eceive own steamboat, vessels or boats, and carriages on said rail-road,
suchprices passengers, produce, goods. and all other articles whatsoever,
as the bye. and the company-shall continue to receive such prices and sums
laws may for the transportion of passengers, produce, goods and all
pr other articles whatsoever, as may be prescribed by the by-laws
of said company, ib long as the said rail-road or steamboats,
vessels or boats are kept in operation.
SEC. 13th. Be it further enacted, That the said rail-road
Erelusive company shall, at all times, have the exclusive right of trans-
rights' porting or conveying persons, goods, produce, and articles of
any description on said rail-road or canals, to be by them con-
structed, while thel may see fit to exercise such exclusive
rights; Provided, that when the said company may see fit. they
may rent or farm out any or all of such exclusive privileges,
to any person or persons, or corporation, for such terms as may
be agreed upon, subject to the same responsibilities, for which
the company herein before mentioned, shall be held bound for
damages to individuals or corporations, which may accrue by
reason of the provision of this act.
SEC. 14th. Be it further enacted. That if any person shall
intruder., intrude upon said rail-road, canals, rendered navigable by said
company, or any part thereof, or upon the rights or privileges
connected therewith, w'th, ut the permission, or contrary to the
will of said company, all vehicles, articles, animal or locomotive
power, that may be so intrusively introduced, and also all vessels,
boats or other craft intrusively navigating the said canals, ren-
dered navigable by said company, may be seized by the said
company or its agents, or recovered by suit at law; and more-
Punish- over, the person or persons so offending shall be liable to be in-
ment. dieted for a misdemeanor, and upon conviction, tried and impri-
soned by sentence of the Superior Court of the district of which
the offence may be committed, and if any persons shall wilfully
and maliciously destroy or in any manner injure, damage, or Perean iu-
obstruct or shall wilfully and maliciously cause or aid, or assist JIring the
it, or counsel, or advise any other person or persons to destroy,
or in any manner hurt, damage, injure or obstruct said rail-road,
canals or any part thereof, or any thing nppertaining thereto,
such person or persons so offending, shall be liable to be indict-
ed therefore, and on conviction shall be fined not more than one Flow pun-
thousand dollars, and imprisoned not longer than twelve months is"ed.
at the discretion of the court, before which such conviction shall
take place, and shall be further liable to pay all the expenses of
repairing the same, and it shall not he competent for any person
so offending against the provision of this act, to defend himself
by pleading or giving in evidence that he was the owner, agent,
or servant of the owner of the land, when such destruction,dam-
age, injury or obstruction was done, or cause at the time the
same was caused or done, and if from any such cause, doing, If the yin.
or obstructing, as is heretofore mentioned, it shall in any wise jUry cause
happen or take place b\ reason as aforesaid, that any person be be killed or
killed, wounded, or maimed, in consequence thereof, the person wounded.
or persons so injuring or obstructing said road, canals, or cau-
sing, aiding or abetting the same to be done, shall, on convic-
tion, suffer all the pains and penalties ot the law, whether the
same be murder or manslaughter, according to the fineing of
the Jury before whom the same shall be tried, and every obstruc.
tion to the safe and free passage of vehicles, vessels, boats, or Obstruct.
other crafts shall be deemed a public nuisance, and may be ing free
abated as such by any officer, agent, or servant of the company, passage.
in all prosecutions against persons under the provisions of this
act, any officer, stockholder, servant, or person employed oy
the company, being a free white person (when a white person
or persons shall be offi nders) shall be a competent witness.
SEC. 15th. Be it Jurther enacted, That nothing herein con- Actsnottt
trained, shallbe so construed, as to authorise said company in the beconstru.
construction of said road, to prevent any other company which ent other
may be hereafter incorporated, from constructing a rail-road or companies
canal in any direction. from being
SEC. 16th. Be it further enacted, That this act shall be re- formed.
garded as a public act, and shall be liberally c. nstrued in all Time of
courts of law and equity, and shall be given in evidence in all ommencet
eases without special pleading, and that this road shal: be corn- couple.
menced within four years, and completed within twelve years. tion.
[Approved 4th MAarch, 1841.
NO. 49-An Act to incorporate the lola and St. Joseph Canal and
Rail Road Company.
SECTION 1 st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That a Company be here-
Incorpora. by incorporated by the name and style ot the Iola and St.
tio.). Joseph Canal and Rail Road Company," and by that name all
Name. who shall become subscribers and members of said company,
their heirs, successors and assigns, shall be capable in law, to
purchase, receive, retain, and enjoy to them and to their heirs,
Right to successors or assigns, lands and tenrments, goods, chattels, and
own land, effects of what kind soever, and the same to grant, sell, mortgage
and dispose of, to sue and be sued, to plead and be impleaded, to
Seal, make a common seal, and at pleasure to break or alter the same,
to ordain, establish and put in execution, such by-laws and re-
Regula. gulations'as may be deemed necessary and expedient for the
tions. government of said corporation, not being contrary to the
constitution or laws of the United States, or the laws of this
Stock SEC. 2d. Be it further enacted, That the capital stock of
$100,000. said company shall not, in the first instance. amount to more
Shares than one hundred thousand dollars. to be dived into shares
Books to of one hundred. dollars each; books of subscription for
be opened for which shall be opened at St. Joseph, under the superinten-
at st. Jo. dance of Joseph Chaires, William P. Cra;l, Thos. Peter Chaires,
Superin. William Wyatt and Rapheal J. Moses. any two of whom shall
tendants. be competent to receive the suiscrilpion ; the books shall be
Bookakept kept open for s.xty days. at the end of which time, if the sum
pea 6 of one hundred thousand dollars -hall be subscribed, the said
Directors shall have the right to proceed to carry into effect
Ten per the propositions of this charter, and at the time of subscribing,
cent. to be
paid. ten per cent shall be paid oi each share subscribed for, and the
residue at the discretion of the President and Directors: Pro-
Thirty vided, That no instalment shall be required alter that paid at
day's no. the time of subscription, unless thirty da%'s notice thereof be
twice. given in a public newspaper printed at Tallahassee or St. Jo.
Stock may seph, and not more than twenty per cent be required at any one
be increase. time, on the whole amount subscribed for. but said company
ed to shall have the privilege of extending the subscriptions for stock
$500,000. from time to time, so as not to exceed five hundred thousand
Delin. SEc. 3d. Be it further enacted. That if any stockholder shall
stockhol. fail to pay the sum required of him by the President and Di-
ders. rectors, within one month after the same shall have been ad-
Shares vertised as aforesaid. it shall and may be lawful for said Presi-
sold. dent and directors. or a mnijority of them, to sell at public auc-
tion, and convey to the purch:iser, the share or shares of such
giving 10 delinquent stockholder or stockholders, giving ten days previous
notice of the time and place of sale, in manner aforesaid, and day's n-
after retaining the su:n due and all expenses aitl.-hari's of sale tic.
out of the proceeds thereof,.to pay the surplus ,ver to the for-
mer owner or hislegal representative ;,and any purchaser of
stock under said sale, shall be sui)ject to the same rules and
regulations as the original proprietor.
SEc. 4th. Be it farther en7acte4, That for the manaZemnenL
of the concerns of the said c,-npaivy, the said Joseph Chaires, Directors
William P. Craig, Thomas Peter Chaires, Wllham Wyatt, and appointed
Rapheal J. Moses, shall he and continue Directors, until twen-
ty days, after the subscriptions have been closed; that wnen
said stock shall have been subscribed for, or the books closed, Election
notice shall be given. that twenty'days thereafter, an election to be held
shall-be held at St. Joseph foi six D rectors, who shall be chosen tore.
from the stockholders, having at least five-shares of trie stock Qualific.
of said company, one of aclh directors shall be elected for Pre. tions.
sident'by the said directors; thrt said directors saall be elected President.
for the period of one year, that twenty Jays previous to the Electedfor
termination of such period, notice slall be Aiven by the Presi-. one year.
dent in a public newspaper printed at St. J,'seph or Tailahas-
see, for a new election of a like number of Directors, with tlie New elec.
same qualifications, who shall choose firon their number a Pre, tio anu e
sident, and in like matirer theriafteir,, yearlv, shall President and
Directors of said cotapany bhe elected for the mn tiaa.*,enen! of
its concerns;, that all vaean:ies i.ocurringij the Dtrectors of Vaaacies.
said company, betweenn tha respec~ve periods appointed for
the regular annual elections of Directors,) from aoy cause what
ever, shall be filled by thJe Crectors tmen acting. That ir all FIilled b
meetings of Stockholdqes. eath s.hre snall be entitled to one t '
vote upon all questions arising.; aqy Stockholder may authof
rise an agent to vote for hin; in all elections by the company,
a majority of votes shall constitute a c:iiiea, and the person or
persons so elected, shall hold their oi :es until their successors
SEc. 5th. B' it further enacted. That the said company Giving tm
shall have the right to construct a canal, and purchase or don- right to
struct a rail-road fron the fav of St. Joseph, to any point on construct
the Apalahciicola R:vcr or Bay, or to any streams or rivers rail re
connected therewith. for the transportation of passengers, pro- Route
duce, goods, and other articles whatsoever: Provided, That
the said road shall have a suitable draw-bridge, on-which it
must pass, so as not ti obstruct, the iiawviation of any river, Navigi.
over which it may be found necessary to carry such road, and tion shall
that-the said bridge shall be kept in good repair for tie passage ictad.
Of any vessel or b,;its, under a penalty to the company, of full Penaty.
damages to the owners or masters of any. vessels or boats for
delays occasioned by.thl want of such repair, to bo-recowere
'roviao by action in any courts having jurisdiction thereof: Provzded,
That the rights and privileges herein granted, shall not be so
construed as to interfere with the rights and privileges of any
other company, heretofor chartered by the Lezislative Council,
Paint of and the company may commence such rail-road or canal at
commenoe any point within or adjacent to the city of St. Joseph, and pur-
ment. tbiue such course and direction with the same to the point which
may be selected as aforesaid, as may be most conducive to the
interest of the company in accomplishing said works.
SBc. 6th. Be it further enacted, That in constructing said
canal, or in constructing or purchasing said rail-road, it shall
C.ipany nd may be lawful for the President and Direc:ors of said
mniy take company or any other person appointed by them, to enter upon
possession and take possession of, any lands whatsoever, whether covered
nds. =ly with water or not, which may be necessary for the prosecuting
and completing the works contemplated by this act, or where-
upon it may be necessary to open any canal, or construct and
erect any locks, dykes, embankments, dams and other works
intended or implied by this act: Provided, That no lands own-
o mpena .ed by private individuals, shall be taken for the purposes afore-
ab made said, without rendering said company, liable to pay the value
to owners. of the same, to be assessed in the manner, hereinafter pointed
No greater out; and provided also. that a greater quantity of land shall
land te be 'not be taken from the owner or owners thereof, :than is neces-
taken tan earv for the said canaJ or rail-road, and the appendant works
isabsolute, beleirrin to the same, including a road or street on each side
ly mneees. f
aney. of said works, not to exceed in width two hundred yards.
SEC. 7th. Be it further enacted, That it shall be lawful for
Company the President and Directors of said company or any other per-
empower- 'on ppointed by them to take frcm any lands, most convenient
timner. to said works at all times, such timber, stones, and other mate-
atoncs,4-c. rials as may be necessary f-r constructing and repairing the
same upon the payment to the owner thereof, the value of such
materials, to be ascertained, in the manner hereinafter pointed
:SEC. 'th. Be it further enacted, That whenever it may be-
Scome necessary for said company to take possession of any lands,
yth timbers, stones, or oltier materials owned by private individuals
a ou-riis for the construction or repairing of said works or any ot them,
not agree. and the President and Directors of said company, and the own-
er or owners of said property or any part thereof cannot agree
as to the.value of the same, it shall be lawful for the President
'en day's and Directors of said company, upon giving at least ten days
notice to notice to the owner or owners thereof, to apply to the Judge of
the own- the County Court, ia the county where said works are to be
era. constructed, erected, or repaired, if there be a Judge of the
County Court in said county, otherwise to the Judge of the
County Court in the nearest adjoining county, for the appoint-
ment of persons to ascertain and determine upon the value of
said property ; and it shall be the duty of such Judge, upon, Judge
such application, to appoint five disinterested persons who shall shall ap
be sworn by such Judge, to assess the value of said land, tim- appaisn
bers, stones, or other materials, according to the true intrinsic
value thereof, and the value of all or any of said property;
when ascertained as aforesaid, shall be paid by said company,.
to the owner or owners of the same, before the President and
Directors of said company, shall be permitted to take possession
of the same.
SEC. hth. Be it further enacted, That if it shall be conve-
nient or necessary in the opinion of the President and Directors
of said company, for said canal or rail-road or other works, to
pass through, or be erected on any lands claimed by private in- Lands
dividuals, the titles to which have not been adjusted and confirm- wlere the
ed by the Government of the United States, or to take from adjusted.
any lands similarly situated, any timbers, stones, or materials
for the construction or repairing of said works, it shall be law-
ful for the President and Directors to take possession of, and 'company
use the same or any part thereof, as though the value of the possession
same had been pi eviously, ascertained in manner as aforesaid, as if the
and paid for by said company, and if at any time thereafter, arue were
the person or persons, claiming said lands, should have his, her,
or their titles confirmed thereto by the Government of the Uni- lfthe title
ted States, it shall be lawful forhim her or them, to apply to the firmed.
Judge of the County Court as aforesaid, for the appointment of
five disinterested persons to ascertain the value thereof, and said
persons when appointed and sworn, in manner aforesaid, shall
ascertain andi determine the true and intrinsic value of the same.
without any regard to the works placed thereon by the said corn- Labor of
pany: Provided, no work or labor done by said company, th
y.panb o pany shall
shall be taken into account, or shall be allowed to increase in not en.
the estimation of the appraisers the original value of the said h-tce, the
property, and the value of the said property, when ascertained v1ua of
as aforesaid, shall be paid by said company. petty.
SEC. 10th. Be it further enacted That all the expenses in-
curred in appraising any property so tiken, by virtue of this Expenses
act, shall be paid by said company ; Provided, That appraisers ,o 0. pido
shall not be allowed to charge more than two dollars, each p r A,,:rr is,.rs
day, while engaged i, making said appraise,nent, and all proper- a 1lo0ed$2
ty so paid for by said company, agreeable to the provisions of y
this act, and all donations made to the same, shall forever after-
wards belong to the members of said company, their heirs, suc-
gipoj oi s,s FI i nl'plte,'hipiropfr(tion Th ir'bnviii! of
strias~sowned bV eacit of taid d members respectively.
"'SEc 11 t.. it .'further'fnhctfd, That'irf c'ttiFrictfngg or
eHlo~ing-anydf said works for the transportation dfpassengers,
Have .thlenrdi's, produce, .goods or other articles as'nforebaid, he said
srigt tCpany : pnys h shdll hae the right to use any stream, Hiver, or other
river or water; between 'tie"Bay of St. Joseph' and inch point6n the
stream. Apllachicola or Bay, in such way as to the -President and Di-
rectors of s-id company may be 'considered best for inrrying
into effect the objects herein contemplated, and such streams or
Such other waters, or so much thereof, as may be used by said com-
streams to pan for the purposes hereinbefore referred to, shall be tieemed
be held as pany, fo ...
the proper- and held by said eompaony,as the property of -the same,'under
ty of the such,'rgulation. and prescriptions -as are prescribed ifiiheeighth
company. dndminth seetioniiof'this act.
'SEc. 12th. Be it farther enated, That'lte" said company
Toils. shall have a right to demand aifd receive tolls'- nd lee. sbr the
transportation of'passengers, -nails, produce, goodsrorMothler
articles upon the canal or ra 1-road, or for' pertiitting -boats o-
other crafts to navigate and pass through said canal, atsuch
rates as mayvhe agreed upon and determined by a ,majority of
the shareholders, which tolls and fees 'shall be expressed and
Tolls may made ldkriwn; in the by-laws of said company, but'may be cihn-
be chang god whenever circumstanrp may render it 'necessary in the
opinion of thePresident andiDirectors of. said company: Pro-
Notice vided, such tolls or fees sh!al not be increased without previous
must be public notice of such increase, iad the said company-shall con-
the in, rue to receive said tolls so long as thet said canal-or railroad
crease of shall be kept in sufficient order by said company, their heirs,
tolls, &C. successors or assigns, for transporting as aforesaid, and all pro-
Goods.&c. duce, goods or other articles, or things transported or conveyed
to be il ble
for l.-'.s. by means of said canal or rail-road, shall be liable for said tolls
M-y ie de. and fees, and may be' detained until the same are paid hnd sold
tainted and under such rules and regulations as said eemplan' hall make
sold. and publish.
SE,. 13th. Be it further enacted, That if at any time, the
Cania or said canal or rai'-road shall need repair, and in consequence
road ne thereof, transportation over the same should be suspended until
ing repairs the sanie js made, nothing in this act slall be construed so as'to
prevent said company from demanding and receiving tolls find
fees as aforesaid, wheh the same shall be again put in operation.
SEc. 14th. Be itfinthtr enacted, That the said company shall
To receive have the right to attend to the forwarding and receiving of'pro-
a: for rdu goods or other articles shinppd to, from or through St-
,'e. Joseph, by the meaus of said canal or rail-road, and that the
tharges-for such forwarding and receiving or either, shall be Charge9.
ilxed by the said company, in the same manner, as:tlie tolls and
feea.are; aif;ed and adjudged,. and that the aid articles shall he
held liable flor such erpenses in the maimer herisW before pro-
vided fordin the twelfth section of- tlisi act.
Sse; 15th. Be it further enacMdd, That the said company,
by its' Presldenetiand D'iectors, shall have power to purchase Power to
and -to p ce:on the said rail-road or carialpor in connectiou-P""rha"
rherewith4 all machines, wagons, ve hiles, engies:canreniges, w4c.
steam boat aor vessels of any deseriptiGe wbtoemeg' wcuich they
maydcem iecesary .and proper for the purchase of carrying
out the objects of this act, and all the works held or constructed
under the authority of this act, and all the profits which shall
accrue from the same, shall be vested in the said company, and
the same shall be exempt from any public tax or charge what- Profits
ever, and they are hereby authorised at different points in the excepted
line of the said road or canal, to establish depots and warehou- Ware.
ses for the accommodation and business of the said canal and houses, f.c
road, and to charge for the storage of produce, merchandize
and other articles at such warehouses, as they may find it expe-
dient to erect rates not to exceed the ordinary warehouse dues.
SEC. 16th. Be it further enacted, That any Stockholder of
said company, may and shall have the right to dispose of and
transfer his, her, or their interest in the same, or any part there- Interest in
of, to any other person or persons, or corporations, which trans- transfer.
fer shall not be binding, unless entered upon the books of the able.
company, and all property belonging thereto or which may,
from time to time be acquired by said company, -till be held
jointly and not separately: Provided, That nothing in this act Property
contained, shall be so construed as to prevent the members ol a hel
said company from using the profits and dividends that may be
declared upon said stock to his, her or their individual purposes
after distribution thereof.
SEC. 17th. Be it further enacted, That the said company
shall have the exclusive right of transporting or of conveying
persons, goods, produce and articles of any description what- Exclusive
soever on said road or through said canal hereinbefore mention- privileges.
ed, while they may see fit to exercise such exclusive right;
Provided, That when the said company may see fit, they may
rent or farm but any or all of such exclusive privileges to any
person or persons or corporation for such term as may be agreed
upon, subject to the same responsibilities for which the compa-
ny hereinbefore mentioned, shall still be held. bound for dama.
ges to individuals or coi portions. which may accrue by reason
of any of the provisions ot this act.
SEC. 18th. Be it further enacted, That the President and
Directors be required to make a lull report to the stockholders To rmair.
an annual of said company at their yearly meeting for the election of
port. Directors on the state of the corporation and its concerns. The
General President and Directors shall have power to call a general mee-
meeting. ting of the Stockholders whenever the officers of the company,
in their estimation may render it expedient to call such a meet-
ing and the President and Directors shall be bound to call such
general meeting at any time, that maybe required of them. by
30 day's a majority of the Stockholders. Thirty .days notice shall be
uste b given of all such general meetings of the Stockholders.in some
giren. newspaper printed either at St. Joseph or Tallahasse.
(Approved 4tkV f March, 1841.
PREAMBLE AND RESOLUTION.
WHEREAS, by an act of Congress. passed on the day
of A. D. among other things, it is provided that
" if any commissioned officer, in the military peace establish-
ment of the United States, shall, while in the service of the
United States. die by reason of any wound received in actual
service of the United States, and leave a widow, or if no wid-
ow, a child, or children, under sixteen years of age, such widow,
or if no widow, such child or children, shall be entitled to and
receive half the monthly pay to which the deceased was enti-
tled, at the time of his death, for and during the term ot five
years: but in case of the death or intermarriage of such widow,
before tne expiration of the said term of five years, the half
pay for the remainder of the time. shall go to the child or chil-
dren of such deceased officer: Provided, always, That such
half pay shall cease on the decease of such child or children.
And Whereas under the above recited section, Mrs. Aman-
da M. Dade, widow of the late gallant and lamented Major
Francis Langhorne Dade. has been receiving hall" pay from-the
Government of the United States. but which half pay allow-
ance, or pension, being limited to but five years, has already
And Whereas, the said Amanda M. Dade, widow of the
late Major Dade, is needing and having a family to support,
Be it resolved by the Senate and House of Representatives of
the Legislative Council of Florida, That our Delegate in Con-
gress be specially r quested and directed, to urge upon the Con-
gress of the United States. the passage of a special law for the
relief of Mrs. Amanda M. Dade, extending to her half pay al-
lowance, or pension tor, and during the term of her natural life,
(if she so long continues unmarried) in consideration of the ser-
vices of her late lamented husband, and as a small gratuity for
her irreparable loss.
Passed the House of Representatives, January 28, 1841.
Passed the Senate, January 28, 1841.
Resolved by the Senate and House of Representatives o1 the
Territory '/* Florida. That the Governor be and lie is hereby
authorised and reqiestrd to settle, under the act, for hle relief of
the Florida troops during the Indian war. approved February
tenth, one thousand eight hundred and thirty eight, the claims
of the regiment commanded by Col. Robert Brown, for milita-
rv services in 1838. for a term of three months and sixteen
days, upon the presentation of the muster rolls properly certi-
Resolved further. That the Governor be and he is hereby
authorized and requested to settle in like manner, the claims of
the battalion of Major Isaac Garrison, for like services, for a
term of six months.
Resolved further, That the Governor be and he is hereby
authorized and icquested to allow to each officer and man, such
sum for the forage and subsistence provided by himself, as is
now allowed such officers and men in the United States service,
for such articles as may be respectively due them.
Resolved further, That immediately upon making such set-
tlement, tie Governor be requested to apply to the proper au-
thorities at Warhington, tor the reimbursement of the amount
to the Territory of Florida.
Resolved father. That the Governor be required to nego-
tiate no bonds or loans of any description, for the liqiudation of
any demands against the Tel itory of Florida whatever, at any
rate ui.dcr par value.
Passed lie House of Representatives, January 30, 1841.
'.assed the Senate, January 2Y, 1841.
Resolved by the Governor and Legislative Council of the
Territory of Florida. '1 hat t!.e Auditor be. and he is hereby
.authorisea anu required. 1( audit and pay to Alfred A. Fisher,
late Sherifi' of Leon county, the sum of t wo hundred and fifty-
eight dollars, being the amount of his claim for rent of room for
a Jail and guarding two prisoners, in tle year one thousand
eight hundred and thirty-seven.
[Approved 1st February, 1841
WrERtsAs, an appropriation was.made in th- year one thou-
an ei ,:t hu idred and thirtv-eight, 0y tii6 Congress of the
United States, of ten thousand dollars, for the opening and
constructing a road, Iromn Tallahassee to lola, on the kpalachi-
cola river; and also, .n appropriation. of tei th'~siand dollars,
for repairing the roa'l from Jacksonville ty th' ."'iperal Springs
to Tallahassee: And whereas, said appropriautiqs have not been
expended on account of the occupancy by .he Indians, of a
portion of th. country, through which said, riiadl are to be
opened and repaired: Ai Il w.'t L's, by the 1Yv of Congress
any appropri ition, n)t applied within two years to. the.purposes
for which it was made, reverts back to th: geoural coffers : Anl
whereas, the openiing and re!pir of' said rIoas vill greatly facil-
itate the conn inicatioln hetw2een"distant parts of the Territory,
with the seat of Government.
Be it threfor, resolv l by the Gover,'r anl Legislative
Ciacilotf flt T'rrry -f !ri. rnit the Delgate in
Congress be reqliestel to. urge *Ipotl that body, the re-appro-
priation of the several suns aforeaid, for the purposes therein
specified, and that a co,)y of this pi'eamble and resolution be
forthwith transmitted to the Delegate in Congress from this
[Approved 5th February, 1841,
Be it resolved by the Governor and Legislative Council of
the Territory of Florida, That the Delegate in Coigress be
requested to obtain from Congress an annual appropriation to
be applied to the publication of the reports of the decisions of
the Court of Appeals.
[Approved 6th February, 1841
PRE MBLE AND RESOLUTION.
WHEREAS, The bridges on the mail route fiom Tallahassee
to Pensacola, over the Apalachicola swamp, and over the Chi-
pola river, are in a state of dilapidation, and a much larger
amount of money is required to repair them than can be raised
by taxation: And whereas, a petition has heretofore been for-
warded to the Congress of the .United States, from the citizens,
asking an appropriation fir,the opening and' Onstrutiio of a
road from Mariana to Tola,' "" '
R' e it ierefore resolved by k4le Sadiea aid HdiiusH f Repreo
-sentiaveds of the btitoti f Floridu', Thbt odr DeI'gdt in
Cogiress be requested'td obtain Trbim Con'gr ss, hh aipiopria'
tio'n.f five thousand dollars; for ite riepr' ofih'e bridges'across
4lhek'paladhfic6ti s aiip,' and 'the'Ctitiilp i river, iaid an addi;
tiohal suim bf iv thorsaihd' ilf illar, for 'tHe op ning antf' cbn
strutting of a road from Mariana to lola, on' the Apalachicola
river. i i'
Pasisd." ile' Hoiise of'Rpreseitativies, ebruary 8, 1841.
Passed their Seiatie, February J 1, 1841.
WYHEREAS, by the 14th.section:of the;act, entiled, an act
to incorporate the Bank of JacksonviUe,'", approveWd Fqbruary
414th,;A8335,,!i is enacted,' Tlha.the bills,of the tank 'shbl). be
rKdeV#gloe.at the banking. house, dduripg,,.4f~, hours, pn.de
mand, in gold or silver," and by the 18th section of said .act,
it is;also enacted, that o.,failure to redeem its bills in specie,
during the office hours of the bank. on demand therefore, the
charter shall be forfeited, and .te Governor may appoint three
receivers, who shall be authorised to take the effects of said
bank, and as soon as practice l thereafterr, to wind up its af-
fairs, and in such event, it shall be the dntv of said receivers to
apple. the assets of said bank Tri'a rateable' propiton between
ihe whole of its'cieditors'; and b the 1Fth -sectioi of'saidi at,
94 el~aiditffifed, t thidt(UhePreiident arid ,'adtedr 'of'shiM- 1itt,
blaT'ihiV te a'i' anbuftsa'fhit idt hM )tiwbOGit 4' ldr Ihib'Teri1-
tory, on the first day of the session of the: tCeilajiveiC~h tnei,
in-ireiy year.' sta:ing 'the '.piise situation of the bank; the
amount of specie actually in the vaunts on that day ; and also a
full account of all other notes, +-bill: of' exrhacige and a1 l other
securities whatever ide to, or (m it:g by sid ank, auil *hc said
President, and Cashier shall, tittWie time, state positively, on
oath, that the stiatenfts so wade are just arld E-tue oC thl:t the
amount so stated, to ib in t:he vault- t'f said' !bal, is not in stock
totes, and the stat-iiiMt son m;ie ai Iw,-' tI;. bo" heu i': jus-
tice of 'the peace of th! c(,"nt(y'; ysh tl he f(owarded to the Gi;v-
'eronr of the T'erritorv to l;e by himi lid bejfir the Le risfiive
Council withiri the first week of its succeeding' session : 'And
Whereas, said bank suspended specie payment in the year 1838,
and hath continued to refuse specie payment in violation of the
provisions of said act, up to this time, and is now in a condition
which requires for the interest of the public, the interference of
the Executive and Legislative authority ot this Territory, ac-
cording to the laws thereof: Ai whereas, said bank has not
made any statement as required by said 19th section of said act
since the year 1838, or any other report as required by the other
acts of this Territory: And whereas, by the Ist section of the
act entitled, an act to prevent the future exercise of corporate
privileges by certain banking corporations, passed March 4tJh,
1839, it is enacted, that the district attornies of said Territo-
ry, be authorised, and they are hereby required to institute the
requisite legal proceedings against such banking incorporations,
in their respective districts, as may have incurred forfeitures of
their charters, by non-user or otherwise, to prosecute the same
to effect, so that said charters can be declared null and void, by
the judgement of the proper courts in said district: And where-
as, said bank hath incurred a forfeiture of its charter, under said
law, And whereas, it appears, the requisitions of said act last
mentioned, has not been obeyed.
Be it therefore resolved by the Legislative Council of the
Territory of Florida, That the public interest demand that the
provisions of said laws be forthwith enforced, and that a copy
of this resolution be signed and certified, and delivered to the
Governor of Florida.
Adopted by the House of Representatives, Feb. 24, 1841.
Adopted by the Senate, February 8th, 1841.
Resolved by the Senate and House of Representatives. That
our Delegate in Congress be requested to apply to Congiess for
the re-appropriation of the unexpended balance of the appro-
priations for the civil Government of Florida, for the years of
eighteen hundred and thirty-eight, and eighteen hundred and
SResolved by the Legislative Cmincil, That our Delegate in
Congress be requested to apply to Congress for the re-appro-
priation of fifteen hundred dollars, the unexpended balance of
the appropriation for the compilation of the laws of Florida.
Passed the House of Representatives, February 19, 1841.
Pssd the Senate; February 19, 1841.
Be it resolved k tie Senate.and House of Representatives of
he Territory of Florida, That the Honorable William Marvin,
be appointed, and requested to revise the laws of this Territory
and to submit a revised code thereof to the Legislative Council
at its next session, if be can accomplish such revision by that
.time, to be acted upon by that body.
Be it further resolved, That in making such revision, the re-
viser return the system of laws now in force in this Territory,
but that he incorporate, therein such addition alterations and
amendments, -as he may think expedient, and that he arrange
the subject matter into titles, chapters, and sections.
Be it further resolved, That to assist the said reviser in his
labours, the Secretary of the Territory, furnish him with such
bpoks from his office as he may desire, upon his undertaking to
vpturn the same when called upon.
Passed the House of Representatives, February 24, 141.
Passed the senate, February 23, 184.1.
PREAMBLE AND RESOLUTION.
WHEREAS, James W. Exm,Aate Marshal of West F4orida,
was charged with a forfeited recognisance, given by. Benjamin
Merrit, of Escambia county, amounting to two hundred dollars,
which sum was never collected, inrconsequence of the said Mer-
rit, having absconded trom the Territory of Florida, and the
said Exum was also charged with a fine imposed by the Supe-
rior Court of Jackson county, on one Grove A. Pease, amount-
nag to two hundred and fifty-four dollars, in which ease a a~lle
prosiqui was afterwards entered, and the fine, of course, was
Whereas, there is now standing in the books of the Auditor
against the estate of the said.Exum, the sum of two hundred
and fifty four and seventeen hundredths dollars, which sum de.
ducted from said recognizance and fine. amounting in al, to
four hundred and fifty-lour dollars, leaves a balance in favor
the estate of. the said James. W. Exum, ofone hundred.an4
ninety-nine and eighty-three hundredths dollars, therefore,
Beit resolved by the Governor and Legislative Council other
Territory of Florida, That Ahe Aviditor of public ac.gupw
plss to thet cedit of the said James W. Exum, (deceamedy the
sum of four iundred and fifty-four dollars, (being the amount
of the asid recognizance and fine,) and that he issue a warrant
in favor of F. L. Ming, Administrator of the said James W.
Extrm,,'deceasedy for one hundred nnd ninety-nine and eighty-
three hundredths dollars, being the balance which is'rightftly
due to the said deceased, which sum shall be paid from any mo-
ney in the Territorial Treasury not otherwise appropriated.
LApproved 25th February, 1841,
Resolved by the Governor and Legislative Council of the
Territory of Florida, T'hat the Delegate in Congress,. be r-t
quested to urge upon that body, the enactment of a law giving
the franking privilege to the Governor of this Territory,.
(Approved 2 Marc, L841
Resolved by the Governor and Legislative Council of Flo-
rida, That the Commissioner of the 'i allahassee Fund, be and
is hereby directed to enter a credit of eight hundred dollars, on
ajudgement obtained againsaGen. Thomas Brown, by a former
commissioner in the Superior Court of Leon county, and that
said credit be considered as having been made on the first day
of Januaryeigbteen hundred and thirty-five.
[Apprved 3d March, 1841..
Aiesit reo td by-.ke Legislative Council, That the Auditor
irlqeoired to report to the Legis'ative Council, on the first day
of:tactsession thereof, ae'officers charged with the collertioti
of Atipars of the Territorial revenue, who may have failed to
Make there reports in conformity with the existing laws.
Be :if father resolved., That the A'ditor be directed, and he
it hlreby.required, rigidly to enforce against all persons who
lkyW l~in arrears to: te Territorial Treasury, the provision of
the act entitled, an act in relation to public defaulters, and to
make to the next Legislative Council, a minute statement of the
exact situation of the arrearages due to and from the Territo-
Passed by the House of Representatives, March 3d, 1841.
Passed by the Senate, March 3d, 1841.
WHEREAS, the bridges over the Ocklocknee and Little Rivers
on the main mail route, from Tallahassee to Pensacola, are at
this time so far dilapidated as to require an entire reconstruc-
tion, in order to insure the safe transmission of the mail: And
whereas, the amount necessary to effect the said object, is greater
than can, under the embarrassments produced l-y the present
Indian difficulties, be raised by taxation, therefore,
Be it resolved by the Governor and Legislative Council oJ the
Territory of Florida, That the Delegate in Congress be re-
quested to apply to Congress, for an appropriation of ten thou-
sand dollars, to be applied to the purpose aforesaid.
[Approved 3d March, 1814
PREAMBLE AND RESOLUTION,
WHEREAS, the trade between the towns of Apalaclicola ant
St. Joseph, and the commercial cities of the Union. has increa-
sed to an extent calling for the notice and protection of the Ge-
neral Government, and whereas, all vessels bound to and from
those ports, as well as those employed in the coasting trade be-
tween New Orleans and St. Marks, are necessarily exposed to
the dangerous navigation around Cape St. Bias, which is regar-
ded by mariners as the Hattaras of the Gulf, its shoals project-
ing from eight or ten miles to sea, and which in many instances
has proved dangerous to human life and destructive to property,
and whereas, a light house erected on the most eligible point on
said Cape, would be eminently useful to all vessels bound in to
Apalachicola and St. Joseph, or employed in the coasting trade.
Be it therefore resolved by the Governor and Legislative
Council of the Territory of Florida, That our Delegate in
Congress be requested to urge upon that bodythe necessity and
utility of ere 'ting on Cape St. Bias, a suitable light house, and
that this resolution, properly authenticated, be forthwith trans-
mitted to the Delegate in Congress
Approved 3d of March, 1841.
WHEREAS, under an act of the Legislative Council, entitled
an act to amend and explain" an act entitled an act to raise a
fund by taxation for the education of poor children, approved
March second, eighteen hundred and thirty-nine, the county
treasurer of each county in this Territory are authorised and
required to make out an account against the Territory of Flor-
ida for the balance due their respective counties, under the pro-
visions of the said act, as amended by this act: therefore
Be it resolved by the Governor and Legislative Council of
the Territory of Florida, That the several auctioneers in the
counties of this Territory, be and they are hereby authorised
and required to pay over to the county treasurer of the said
counties, the amount due under the provisions of the above re-
cited acts, and the receipts of the said county treasurers, shall
be received by the auditor and treasurer of the Territory, as so
much money paid by the said auctioneers.
[Approved 3d March, 1841.
Resolved by the Governor and Legislative Council of the
Territory of Florida. That ti e Commissioner of the Tallahas-
see Fund, allow to William P. Duval, assignee of John P. Du-
val, lawful interest on seven hundred and fifty dollars, from the
passage of a resolution in favor of the said Duval for the said
sum in the year 1836 up to the sale of the lots of the Tallahas-
see Fund in the spring of the year 1840.
[Approved 4th March, 1841.
Be it resolved by the Governor and Legislattve Council. That
Captain S. J. Perry, late Assistant Quarter Master Florida
Militia, in issuing six hundred rations, to Mrs. Flynn mad farm-
ily. acted the part of humanity, and in conformity with the true
interest and meaning of the act of Congress, granting relief to
sufferers similarly situated.
Resolved further, That in case the General Government re.
fuses to settle and allow the same, the Quarter Master of the
Territory of Florida be directed to allow the same to Captain
8. J. Perry.
[Approved 4th March, 1841.
Resolved by the Governor and Legislative Council ]f the
Territory of Florida, 'I hat the peace and security of the coun-
try demand that a good and sufficient Jail should be built in
each of the Judicial districts of this Territory, and that the
C',ugress of the United States be requested to appropriate five
thousand dollars tbr each judicial district in this Territory, to
be expended for the construction of a Jail therein, under the
control of the lr.tislative Council of Florida.
Resolved. hat the present good and future hopes of Flori-
da, require that a Penitentiary should be erected and establish-
ed in it and ih't the Delegate is requested to ask from Con-
gress, the appropriation of two townships of land to be selected
and located in sections or otherwise oy an agent appointed by
the Governor of ,his territory to be used in the erection of a
Penitentiary, whe ever located by the Legislative Council of
[Approved 4th March, 1841.
Fr Be'i resolved by fte Gorer nor and Leislative Council of
the Territo y of Iloruda. Tliht f ;eght Ihudred dollars be allowed
to the Private Secretary of the Governor, and four hundred
dollars be allowed rr r' pyivg ile laWs and making an index,
and the Governor be requested to audit rhe rime.
[Approved 4th March, 1841.
Be it resolved by the Legislative Council, That the Secre-
tary of the Territory be requested in es timaling for the expen-
ses of the Legislative Council in future, to estimate a specific
amount for the expenses of each house separately.
Be it further resolved, That the Secretary of the Territory
be requested in making his estimate for the civil expenses of the
Territory, for the future, to make an estimate for the appreken-
sion, safe-keeping and prosecution of criminals.
Passed the House of Representatives, March 4, 1841.
Passed the Senate, March 4, 1841..
Be it resolved by the Governor and Legislative Council of
the Territory of Florida, That from and after the adoption of
this resolution, the revenue laws ot this Territory, shall be sus-
pended, so far as they may authorise the assessment and colle-
tion of a Territorial revenue for the present year, and no tur-
ther; Provided, That the operation of this resolution shall not
be construed to extend to the tax upon auction sales, retailers ot
spirituous lquors, keepers of billiard tables, exhibitors of pub-
lic shows and pedlars, or to prohibit the assessment and collec-
tion of county taxes, as is provided tor by the existing laws.
Be it further resolved, That from and after the adoption of
this resolution, the Marshals and District Attornies of the re-
spective judicial districts, be instructed, in making out their ac-
counts against the United States, for the expenses attendant upo4%
the administration of the laws, to embrace the same, such as
may occur, in consequence of the a,'prehension, safe-keeping
and prosecution of criminals; and the several Judges are re-
spectfully requested to certify the same : it being the deliberate
opinion of the Legislative Council, that they constitute a legiti-
mate charge against the United States.
(Approved 4thk March, 1.4L
MEMORIAL OF THE LEGISLATIVE COUNCIL OF
To the Senate and House of Rpresentatioes of the United
States in Congress assembled.
THE MEMORIAL OF THE LEGISLATIVE COUNCIL OF FLORIDA
That Congress at its session of appropriated for
the building of a Japital, at the seat of Government of the
Territory, the sum of twenty thousand dollars, together with
several quarter sections of land, which (with the exceptions of
two quarter sections) have been sold and the proceeds applied,
to the object afore specified. The officer to whom, under a
law of the Territory, the superintendence of the erection of the
building was confided, has with the means at his disposal been
enabled to erect and cover in nearly two-thirds of the building,
and so far complete the same, as to afford temporary accommo-
dations for the two Houses of the Legislative Council, and the
Secretary of the Territory ; the other portion of the building
has progressed to the second story, and its further progress is
now arrested for the lack of means.
By reference to the plan hereunto annexed, your honorable
bodies will be able to perceive the precise situation of the work
at the present time, and the urgent necessity that exists for
speedily securing it against further exposure to the weather.
As the object of Congress in making the first appropriation,
was to provide the Territory of Florida with suitable accom-
modations, for her Legislative Council and necessary officers,
and conscious that the funds heretofore appropriated have been
economically and judiciously applied; the Legislative Council
do now respectfully appeal to your honorable bodies for a fur-
ther appropriation of thirty thousand dollars, which they believe
will be amply sufficient to complete the work according to the
Your memorialist would further suggest, that by the early
completion of this building, a large amount which is now an-
nually paid out by the General Government, in the shape of
room rent for the accommodation of the (Co rt of Appeals and
officers of the Government, would be saved, as the plan of the
building is such, as to afford when complete, ample accommo-
dations for every department.
The report of the Commissioner charged with the superin-
tendance of the work, is herewith submitted from which may
be seen, the present condition of the fund, and the urgent ne-
cessity for a further appropriation by Congress.
Your memorialists submit this as their respectful' memori4.
Ef the Congress of the United State and pray that it may re,
ceive the earliest consideration of your honorable body.
Adopted by the House ,f Representativs, Feb. o0, 1844.
Adopted by the Senate, Feb. 10. 1841.
To the Senate and House of Representatives of the United
States of America:
The Memorial of the Legislative Council of Florida,
That they deem it their bounden duty to represent to Con-
gress the exposed and, defenceless condition of the whole sea-
board of Florida, excepting the single port of Pensacola. If i
sudden war should break out, arn enemy having a naval force,
could easily acquire possession of East, South and Middle Flo.
rida, and part of West Florida, and maintain it, for excepting
at Pensacola, there is nof a single fortification on the wholi
sea-board of twelve hundred miles. The old Spanish ports at
St. Marks, at Matantas and St. Augustine, are the only semin
balance of defences; they are in ruins and could make no resis-
tance to a single vessel of war
The interior commerce of the Western and South Western
States, sent through New Orhans, Mobile, Apalachicola. St.
Joseph and St. Marks, would be at the mercy of such enemy.
These facts demand that defences'should be made of the port of
Apalachicola; at the outlet of the Suwannee; at Tampa ; at Key
West and at St. Marks, and that the fort at St. Augustine should
be repaired, but we would especially call the attention of Con-
gress to the importance, and in fact. the necessity of establish-
ing (as an auxiliary defence) a naval station at St. Joseph,- ahd
the fortification of the oatletof the estuary of that name, a rep
eredaocto the map of Florida must convince every one of the
eligibility _f such location, connected with the interior, byv*
raii-road of thirty miles across the Chipola and to the Apalaehi'
cola river, nd with the city of Apalachicnla, by another'run-
ning to Lake' Winico, the facilities of access to-it from the up-
per country, inland and coastwise, are superior to 'those of any
TheoApalachicola river commands the vatt,'arid increasing
traderbf the-fertile countries of Georgia and Alabama, contiguI4
ons to the Chattahoochie river, of that portion of Georgia near
the Flint river, and those counites of West and Middle Florida',
upon itself; an U. S. Arsenal is located at Mount Vernon at
the junction of the Flint and Chattahoochie. The harbor of
St. Joseph is of safe and easy ingress and egress.for sloops of
war and the smaller class of frigates at all tides and with any
wind, it is land locked and affords secure anchorage in gales of
extreme violence, and from any quarter, we refer to the survey
of this harbor and report made (by an intelligent officer of the
U. S. Navy, appointed to perform that duty during the past year,
and to the annexed evidence to prove these facts. There are
places on its shores admirably suited for a Navy Yard. The
importance of acceding to this application, as well for the safIty
of Florida, as for the protection of parts of the States:of Geor-
gia and Alabama, and indeed the entire western an.d South wes-
tern States, must be-manifest. Upon a war with that .nation
most likely to come into collision with us, the invasion by and
location in F orida of troops, ol a particular character, most
dangerous to the south; and making it the point from which to
extend their operations into the interior, would be certain, and
who can predict the disastrous results to this section of the
Union, from such occurrence, with St. Joseph, in the possession
of such enemy, a naval force of the United States at Pensadola,
would be useless, asits chief supplies would have to be brought
coastwise, ships of war at St. Joseph would be supplied without
difficulty from the interior. Froto thence (and. especially if
Pensacola is kept up as it should be, and. suitable fortifications
built at the other points indicated) effectual aid and protection
could be rendered to the whole Florida coast west of Cape Sa-
ble, and the commerce of New Orleans and Mobile, Apalachi-
cola and St. Marks. In fact no enemy (except with an over-
whelming fleet) could maintain himself in the Gulf of Mexico.
" Who can estimate the importance and benefit of such result to
the nation." We would also suggest that the .donation by
Congress of a township of land to aid in the construction of a
steamboat canal from St. Joseph to the Chipola or Apalachicola,
river, now about being undertaken by.the St. Joseph and lola
lail Road and Canal Company, would be of great public ben-
efit, it would enhance the value and.price of the other -unsold,
and indeed unsurveved lands in that region more than the value
of such township at present, and would be in fact, but a fair
. id just contribution by the United States, for such important
public improvement. That St. Joseph should also be made a
port of en' y and delivery. Memorials from the Council and
from citiz, is therefore sent to Congress, and facts ;therein
stated, fully shew. Trusting that this Memorial will receive the
early consideration of Congress, your memorialist will pray &e.
Adopted by the House of Representatives, March 2d, 1841.
Adopted by the Senate, February, 26, 1841.
An Act in relation to Public Elections.
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That an election for Del-
egate to Congress shall be held in the several counties of this
Territovr on the first Monday of May in the present year;
and a like election shall be held on the first Monday of October
in the year eighteen hundred and forty-two, and bienially there-
after on the said first Monday of October.
SEC. 2d. Be it further enacted, That an election for merr.
bers of the senatorial branch of the Legislative Council shall
be held in the several counties of this Territory on the first
monday of October in the year eighteen hundred and forty-
two; and a like election shall be held bienially thereafter on
the said first Monday of October.
SEC. 3d. Be itfuither enacted, That an election for mem-
bers to the House of Representatives of the Legislative Coun-
cil shall be annually held in the several counties of this Terri-
tory on the first Monday of October.
SEC. 4th. Be it further enacted, That an election for clerks
of county courts, sheriffs, coroners and county surveyors, shall
be held in the several counties of this Territory on the first
Monday of February in the year eighteen hundred and forty-
two, and bienially thereafter on the said first Monday of Feb-
SEC. 5th. Be it further enacted, That every free white male
persorrof the age of twenty-one years and upwards, who shall
be at the tine of offering to vote, a citizens of the United
States, and who shall have resided or had his habitation, dom-
icil, home and place of permanent abode in the Territory of
Florida tor one year next preceding the election of a delegate
to congress. shall he entitled l, vote at any place or precinct
within the Terriiory for delegate to Conuress
SEC. 6th. Be it fiutier enacted. That every person qualified
as provided for in the preceding section sf this act. who shall
have resided or had his habitation. doiri c'l, home and place of
permanent abode in the Territorv of Frlonia for ,ne vear ni xt
preceding the election oi any senator to the Legist 4tive Council,
arid who hall have resided and had his habitaiion, doinicil,
home and Il :ce 'o permanent abode within the senatorial dis-
trict for which the senator or senators are to be elected, for six
months next preceding the election for such senator or senators,
shall be entitled to vote for the same at any place or precinct
within the said spnntorial district.
SEC. 7th. Be it further eacted, That every person qualified
to vote as aforesaj, who shall have resided and had his habita-
tion, domicil, home and place of permanent abode in the Terri.
tory of Florida, for one year next preceding the election of any
member to the house of representatives of the Legislative
Council, or of any county officer, and who shall have resided
and had his habitation, domicil, home and place of permanent
abode within the county for which such representative or county
officer is to be elected, for six months next preceding'the elec-
tion for such representative or county officer, shall be entitled
to vote at any place or precinct within the said county.
SEC. 8th. Be it further enacted, That no officer, soldier, sea-
man, or marine, in the regular army or navy of the United*
States, or in the revenue cutter service, shall be entitled to vote
at any public election in this Territory.
SEC. 9th. Be it further enacted, That every foreigner, in ad-
dition to the qualifications prescribed in the preceding sections
of this act, shall, to entitle him to his vote, exhibit to the inspec-
tors, at the time of voting, his certificate of naturalization, or a
regularly certified copy thereof, if the production of the same
shall be required by the inspectors or any voter challenging.
SEC. 10th. Be it further enacted, That when objections shall
be made to a person offering to vote, and in all cases where the
qualifications of the person offering to vote, are unknown to
either of the inspectors, they shall have power to examine such
person, on oath or affirmation, touching his qualifications as a
voter, agreeablv to the provisions of this act, which oath or
affirmation, either of the inspectors shall be authorised to ad-
minister, and such person may furthermore be required to de-
clare, on oath or affi nation, that he has not voted at any other
precinct, or place of election, or has not been refused his vote,
for want of due qualifications as a voter.
SEC. 11th. Be it further enacted, That the qualifications of
a candidate for either of the offices, or stations mentioned in
the preceding sections of this act, excepting the Delegate to
Congress, shall be the same as the qualifications required of a
voter for the same.
SEC. 12th. Be t further enacted, That the judges of the re-
spective county courts within the several counties, shall be, and
they are hereby empowered and directed, at least thirty days
before any election authorized by this act, to designate such
places for holdirn the same, as they may judge best united to
the convenience of the citizens, and for each place so designated,
they shall appoint three persons, (who shall be qualified to
vote) to act as managers or inspectors of the election, any two
of whom shall be competent to conduct the election; and in
case either of the judges shall fail to designate the place, or to
appoint the inspectors as aforesaid, it shall he the duty of the
clerk of the county court, to make such designation and appoint-
ment, at least twenty days before toe day of election, and in
either case due notice thereof, shall he given to the inspectors
appointed, and to the public, by advertising the same at each
place so designated.
SEC. 13th. Be it further enacted, That if from any cause,
the place or places of holding any of the elections, contemplated
by this act, shall not have been designated, as directed by the
preeeding'section, then in such ease, the election shall be holden
at the place or places, at which the election next preceding
thereto, had'been holden, and if from any cause, the inspectors
shall not have been appointed according to the provisions of the
preceding section, or having been appointed, should 'neglect or
refuse to act, then it shall be lawful for the electors, or a ma-
jority of them,-who shall meet t uanjy precinct or place of elec-
tion, to appoint three competent persons, (being qualified voters)
to act as inspectors, who shall conduct andi manage the election,
and proceed in the same manner in every respect, as if they had
been appointed according to the provisions of the preceding
section of this act: Provided however, that the polls shall be
opened at, as early an hour after the time prescribed by law,
for the opening of the same, as the circumstances of the case
Sac. 1;4. Be t further enacted, That at any public election to
be holden in this Territory the votes shall be given by ballot, at
the time and place designated for holding said election.
SEC. 15th. Be it further enacted, That the polls shall always
be opened at nine o'clock in the morning, or as soon after as
may be practicable, and shall be closed at five: o'clock in the
afternoon, and' it shall not be lawful for any vote or votes to be
counted out until the polls shall have been finally closed, when
thieyshall be immediately and publicly counted, and declared
by the inspectors.
'SEc. 16th. Be it further enacted. That when two or more
ballots shall be put into the box folded and deposited as one bal.
lot, neither of the ballots-so folded togetter--shall be counted,
and when any ballot: contains more names than the number of
candidatest -be elected. thr -~rne sh;lln nor be counted by the
inspectors; -and in either case rhey shall bo itL ed-it-thereturns
SEC. 17th. Be it further enacted, That before any votes shall
be received at any election, the inspectors shall appoint a clerk
who, with the said inspectors, shall severally take an oath or
affirmation in the following words, to wit :-" I, (A. B.) do sol-
emnly swear or affirm (as the case may be) that I will perform
the duties of an inspector of elections or clerk (as the case may
be) according to law, and to the best of my abilities, and that I
will studiously endeavor to prevent fraud, deceit, corruption, and
abuses in conducting the present election; which oath or affir-
mation shall be administered by a judge or justice of the peace
at and before the opening of the polls, but if no judge or justice
of the peace be present, then the inspectors of the election shall
administer the oath, each tb the other, and to the clerk.
Sac. 18th. Be tt further enacted, That it shall be the duty,
of the clerk of election, under the direction of the inspectors, to
provide a poll book, in which the names of all voters shall be
regularly registered, and numbered, as they hand in their bal-
lots to the inspectors whose duty it shall be to receive them,
and in an audible voice to declare to the clerk the name of the
voter; after which, if the vote be deemed legal, they shall en-
dorse upon it the number, corresponding to the number of the
voters name upon the clerk's register, and deposit the same in
he ballot box; and after the polls shall have been closed, and
all the votes counted out, it shall be the duty of the clerk,
(under the supervision of the inspectors) to make out a fair and
legible return of the election in the form of a poll book; and
with the inspector, severally to certify the same ; and it shall
not be'lawful for the inspectors or any other person to examine
or compare any of said ballots witi) the poll book fir the pur-
poseof ascer;aining how any individual may have voted unless
the same shall be necessary tor the purpose of purging the polls.
SEc. 19. Be it further enacted. That the following shall be
the form of the poll biok ; fi st t.e name of the county, and of
the precinct or place ol election, shall be written at tie head of
the book. the day of tle nonth and year ; second, the names of
the voters. iegularly iunmbered. as their ballots were received,
the names of the persons voted tor, the number of votes given
to each and for wNhat office or state ion ; which poll book so made
out, shall be accompanied by a certificate,(to be signed by the
inspectors who acre I as such. and attested by the clerk of elec.
tion) after the tollwing forn. to wit:-We, the subscribers,
having been duly sworn, to act as inspectors and clerk, of
an election fuir holden at precinct, in the county
of do hereby certify, thai at thle said election, held at the
aforementioned place on the -- da of -- A. D.,
eighteen A. B. and C. were voted for, and that there
were given for A. the numberof ----- votes, for B. thernum-
ber of votes, and for .C the number of votes. ,
Attest. 0. K. Inspectors.
J. R. Clerk.
SEC, I Be it further enacted. That within ten days after
any election, the I:spectors thereof, shall deposit in,the odice
of the cleik of the county court of tie county within which
the said election, snail have been held, the pOll books properly
certified and attested, containing a full. return. of the said elec-
tion, and shall also enclose and seal up; under cover of' sui-
cient envelope a transcript of the same, apd forward it by the
first mail thereafter, to the Governor of the Territory of Flor-
ida, at the seat of Governmenit of the Territory for the thne
SEC. 21st. Be itjurther enacted, That whenever the Inspec-
tors appointed to hold any efecticn, shall be charged with the
duty of opening polls for two or more officers or stations, at
the same time, it shall be their duty to'kee. thte polls for each
office or station separateand distinct, th odne from the other,
and to that end they shall alpposit a corresponding number of
clerks, and provide a ballot box for each office or station to be
voted for; and the poll books contaitingthee returns and certii
ficates shall be made out, and kept separate and distinct, the one
frorn the other.
SSEC. 22d. Be it further enacted,, That it shall be the duty of
the inspectors caretully to preserve the balkltst aiven. at any
election, and after counting tnemn out. to enclose the. same in a
package, under a strong envelope properly sealed, up, and the
names of tne inspectors written across the seals, which pack-
age shall bear an endorsement to the followinieffiect, to wit:-
Ballots given at -- precinct, in the count of. -----, at
an election held at tie said place for the odfice otj----, on
the -- day of A. D., 1S
Attest. O. K. Inspcters.
J. R. Clerk.
SEc. 23. Be it further enacted, That the said package so
sealed up and endo sed, as is ordered in the preceding section,
shall accompany the poll book and ie deposited in the office of
the clerk of the county court, to be by him safely 'preserved,
until the lapse of sixty days alter the proclamation of the Goe-
eUor, announcing the result of the election, when, if he sliaL
have received ao-notice-from either of the. persons voted, for, of
an intention-t-contest die election, he tall burn the same with-
out opening it ; but if he shall have receivedrsuch notice, he
shall forthwith transmit the package, by mail or other safe con-
veyance, to the executive office at the seat of government, for
the time being-to be'used as evidence upon the trial of the said
Stc. 24. Beit further enacted, That it shall be the duty of
the Governor or person exercising the functions of Governor, for
the time being, within three months after the time appointed for
holding an election for a Delegate to Congress, and within one
month after the time appointed for holding any election for
members'to the Legislative Council, to issue his proclamation
through all of the public newspapers published at the seat of
Government, for the time being, declaring the names of the
persons who have been duly elected, and in the case of the Del-
egate to Congress, to grant a certificate, of election, under the
great seal of the Territory, and the proclamation of the Gov-
ernor, so made, shall be considered as prima facia evidence of
the election of the person or persons so proclaimed to be elected,
but each house of the Legislative Council shall he the judges
of the qualification and election of its own members.
SEC. .25. Be it further ePacted, That whenever two or more
persons shall receive an equal number of votes for Delegate to
Congress, or whenever a vacancy shall occur by death, resig-
nation, or otherwise, it shall be the duty of the Governor, for
time being, to issue his proclamation to the Judges of the re-
spective county courts, directing them to cause another election
to be held, conformably to the provisions ofthis act, on such day
asthe Governor shall appoint.
SEC. 26th. Be it further enacted, That if a tie shall occur
in any election held for members to the Legislative Councili
Clerks -of the County Courts, Sheriff, Coronor, or County
Surveyor, it shall be the duty of the Governor, upon ascertain-
ing the fact, to issue his proclamatiotnfordering a' new election;
and the Judges of the County Courts, and in their absence or
neglect or refqPallto act, the clerks of the County Courts are
required to proceed forthwith, upon giving ten dayp notice, to
carry into effect the said order, agreeably to the ffregoing pro-
visions of this act.,
SEc. $7th. e it further enacted, T'iat"if after a.n elect),i
for membersofithe Legsi;tive Copncil,6r for anycounty ofi er,
a vacancy shall occur in aoy county or elercton district, b
death, resignation, or otherwise,thn tenhe Judge'of the County
fourt, or if there be mpre thln pnge pn.tyu t e el5ctiona
trict, the respective Judges of the County Courts therein, or in
his or their absence, or refusal to act, the clerk or clerks thereof,
upon giving at least ten days notice, shall cause an election to
be held to fill such vacancy, said election to be conducted and
the returns thereof, made, as is provided by this act, in the case
of a regular election.
SEc. 28th. Be it further enacted, That it shall be the duty
of the Governor. on the receipt of the returns of any election
for the clerk of the County Court, Sheriff, Coroner, or County
Surveyor, to make out within ten days thereafter, commissions
for the persons having the highest number of votes, for the se-
veral offices for which they may have been elected, and trans-
mit the same to the Judge of the County Court for the county
to which they severally belong; and it shall be the duty of the
sa d Judge of the County Court, before delivering any of said
commissions to take bond of the parties, with approved security,
for the faithful discharge of their several duties, and immediate-
13 transmit the same to the Governor of the Territory.
SEC 29th. Be it further enacted, That any person, intend-
ing to contest the election of one, returned to serve as a mem-
ber of tl e Legislative Council, such person shall, within twenty
days after the time specified for the issuing of the Governor's
proclamation, give to the clerk or clerks of the County Court,
or Courts, of the county or counties, composing the'election
district in which the said election shall have been held, a written
notice of his intention to contest the said election, and shall also
give to the person whose election he shall intend to contest, a
written notice, stating the particular grounds upon which the*
same will be contested, and the name of the Justice of the
Peace, or Notary Public, before whom the depositions will be
taken, and also reasonable notice of the time and place of tak-
ing such depositions; and such notice of time and place shall be
reciprocal between the parties: Provided, That no testimony.
shall be taken at the instance of either party after the secnd4
Monday of the session of the Legisiative Council. And it'
shall be the duty of any Justice of the Peace, or Notary Pub-
lic' who may be called upon so to do, to is-ue subpoenas for
such persons a;s may be required by either of the parties, to give
testimony; and any person refusing to appear and give testimo-
ny, when subpoeniad for that purpose, shall be fined by the Ma-
gistrate or Notary Public. betbre whom the subpoenas may be
made returnable, in the sum ,f fifty dollars, (except for good
eause sh-:wnt,) and execution shall he torthmith issued thereon,
and the Justice of the Peace or Notary Public, shall take all
estimnony relative to such contested election, and after certifying
*he same, shall seal up, and transmit it to the presiding officer
pf the Senate or House of Representatives, (as the case may
be,) ot the Legislative Council.
SEC. 30th. Be it further enacted, That any person who
may intend to contest the election of any one voted for as clerk
of the County Court, Sheriff, Coroner, or County Surveyor,
shall, within ten days after the election, notify the Governor and
Clerk of the County Court, of his intention to contest the said
election; and shall also give to the person whose election he
shall intend to contest, a written notice, stating the particular
growids upon which the same will be contested, and the name of
the Justice of the Peace or Notary Public before whom the de-
positions will be taken, and shall also give to the said person at
east four days notice of thetime and place of taking such doe
positions, and such notice of time and place shall be reciprocal
between the parties; Provided, That no testimony shall be ta-
ken at the instance of either party, after the lapse of twenty days
from the day of election; and it shall be the duty of any Justice
of the Peace or Notary Public, who may be called upon so ta
do, to issue subpoenas for such persons as may be required by
either party; and any person refusing to appear and give testi,
mony, when subpoenaed for th-t purpose, shall be fined by the
Justice of the Peace or Notary Public, before whom the same
may be made returnable, in the sum of fifty dollars (except upi a
good cause shewn) and execution shall forthwith be issued there+
for; and the Justicc of the Peace or Notary Public shall ce rti-
fy, seal up and transmit to the Governor of the Territory, all
testimony taken before him relative to such contested election,
whose decision thereon shall be final.
SEC. 31st. Be it further enacted, Tiht if any inspector of
elections or clerk concerned in conducting the same shall neg.
lect or improperly delay, or refuse to perform any of the duties
of him or them required by this act, (having undertaker so to
do) or shall knowingly permit any person to vote, not qualified
according to law, or shall be guilty of corruption, partiality,or
other misbehaviour in any matter or thing appertaining to said
election, or shall knowingly make a false or imperfect return of
the same, the party so offending, shall, on conviction, forfeit and
pay to the Territory, a sum not exceeding five hundred (dol-
lars,)* to be recovered in any court of competent jurisdiction,
it the aame and for the use of the Territory, in an action of
*iOwitted in the engrossed WIt
debt. at the suit of any person who may se- for the sate, the
one half to the use of the Territory, and the other half to tki
use of the person sueing.
SEc. 32d. Be it further enacted, That if any person not
qualified, according to the provisions of this act, shall vote aft
any election; or if any person whosoever shall vote twice at any
one election, or shall vote under a false name or alias, or shall
in any manner vote or offer to vote contrary to the provisions of
this act, the party so offending, his aiders and abettors, shall beo
liable to be indicted for a misdemeanor, and upon convietiin,
shalleach be punished by a fine, not exceeding five hundred?
dollars, and by imprisonment for a time not to exceed sixmonrtha
at the discretion of the court.
SEC. 33d. Be it further enacted, That if any person shill
take a false oath or affirmation, either when interrogated as:to
his qualifications as a voter, or when his testimony may be to.
quired in any contested election, or shall procure or induce ano-
ther so to do, either by persuasion or otherwise, the party so
offending shall be liable to be indicted therefore, in any court of
competent jurisdiction, and upon conviction, shall be liable to
the same punishments as persons convicted of perjury are liabl*
to, under the laws of this Territory.
SEc. 34th. Be it further enacted, That all laws and parts
of laws in relation to public elections, in force at and befbte-
the passage of this act, be and the same are here~ repealed.
Passed by the House of Representatives. Feb. 13, 1841.
Passed oy the Senate, February 6th, 1841.
MARCH 4, 1841.
The House reconsidered the within bill and passed it by the
requisite majority against the veto of the Governor -Ayes 15,
Reconsidered by the Senate and passed by the Senate, by the
requisite majority.-Ayes 8, Nays 1.
His Excellency the Governor transmitted te the House the
following communication :
To the H.-norable t ie Legislative Council of Florida:
I return the "act relative to public elections," with he fol-
The 8th section declares, that no officer, soldier, seamantor
marine, in the regular army or navy ot the United States. or in
the revenue cutter service, shall be entitled to vote at any pub-
lic election in this Territory." This exclusion is too.broad aindi
includes those, who if they did not belong to the army or navy,;
would be residents of the Territory, as well a, thosewholatr
trdnsiendy in the coeutry, and should be, of course, 'excluded.
To stretch the provision to this extent, appears to me, to be un-
just and contrary to the genius and spirit of our institutions.
The soldier and seaman should not be disfranchised, they
should rather be the more sedulously protected in all their rights
while actively engaged in the protection of their country.
Instances have occurred in the county of St. John's, and
doubtless, elsewhere-where persons who had exercised the
right of spifrage, if they had not belonged to the army or navy,
were deprived of this valuable privilege of American citizenship.
I recommend a modification of this section, according to the
view thus expressed.
The 18th section is objected to because it is virtually destruc-
tive of the election by ballot.
If these alterations are made in the hill, it will be approved,
ROBERT RAYMOND REID.
Also the following:
Tallahassee, March 4, 1841. 5
To the Legislative Council of Florida :
I have received the enclosed communication from several
members ol the House of Representatives.
It is my duty to say, after consulting the laws upon the sub-
ject of organising the Legislative Council o! Florida, which
should be taken and considered in pari material, that neither
House has the right to legislate generally without the presence
of two thirds of its member,-that number and nothing less
constituting a quoium. Precedent also sanctions this opinion.
Two thirds of each House and of both Houses, are also ne-
ces-ary to pass a law after it has received the veto ol the Gov-
ernor, and a quorum made up of two thirds of both Houses,
there not being a quorum of two thirds in each House, is, ac.
cording to my understanding, contrary to law, precedent, and
all parliamentary usage.
ROBERT RAYMOND REID.
The Senate transmitted to this House the following resolutions
as adopted by that body:
Resolved, That in the opinion of the Senate, majority is a
quorum of each House.
Resolved secondly, That in the opinion of the Senate, a ma-
jority of two third, of the members elected to each House, is
necessary to pass a bill into a law, after it has received the veto
of the Governor.
Resolved thirdly, That a copy of these resolutions be trans.
mitted -t the Governor, in reply to his message upon that sub-
ject, and to the House of Representativ s.
Upon the question of the adoption of said res flution, the ays
and nays were called by Messrs-. teohens and Branch and were
Ays.-Mr Speaker, Messrs Bannerman, it-ll, Brown, Bush,
Bryan, Church, Duval, Evans, McKinnon, Miller, Myers, Pent,
Sadbury and Stephens-15.
Nays-MAessrs* Bird, Branch, Fernandez, Fontane, Priest
Smith and Thigpin-7.
0o said resolutions were adopted.
ADMINISTRATORS and EXECUTORS, -39
Apalachicola, amendment to the incorporation act of, 26
Swamp, bridges across 64
Repeal in part of the amendment to the in-
corporating act of, 36
Appeals and writs of Error in criminal cases, 7
BANK, CENTRAL, 44
of Jacksonville, 65
Board of Port Wardens and Commissioners for Apalachi-
Branch, L. O'B. to practice law in the Territory, 18
Bridges, across the Apalachicola Swamp and Chipola
Ocklocknee and little rivers, 68
Brown's Regiment, payment of, 6
Brown, Thos. for the relief of, 6
Brunswick and Florida Rail Road Company, authorised
to construct a road through
Bull, J. B. and Kerr, P., for the relief of 39
CAPITOL; memorial to Congress in relation to, 72
Cattle, Neat, to prevent the stealing of, 38
Central Bank; amendment to the charter of, -44
Cherry Lake Academy; to incorporate, 49
Trustees of, their powers, &c. 42
name and site, 43
Chipola River; bridges across, 64
City Guards of St. Augustine, organized, 19
officers of 19
colours of, 20
Civil expenses of the Territory, 71
Columbia County, Superior Court in, 38
Commerce of the country, memorial in relation to 73
Copying the laws; compensation for, 70
Cotton ; wrecked and damaged, salvage on, 42
County Court of Walton County; time of holding, 20
Court of Appeals 63
Criminals; apprehension and safe keeping of 71
duties of Marshals, District Altornies, in rela-
tion to, 71
DADE, AMANDA M.; resolution in favor of, 61
Daniel Campbell, to establish a ferry across Escambia
Depredations, Indian, concerning, 24
District Attoruies and Marshals, duties of, relation to the
apprehension and safe keeping of criminals. 71
Duval, Wm. P.; in favor of, -69
ELECTIONS ; public act in relation to 75
veto of 83
E&ca'!liia River, Louther Taylor, to establish a ferry across 17
Ferry across, 9
Execut, rs and Administrators, 39
Exum, James W.; for the relief of, 66
FrSHER A ,FRED A,; in favor of, 62
Florida Troops ; pavnnt of, 62
Frankina prihilegir, for t6e Governor of the Territory, 67
Fund, Tallahassee, 28
GARRASON's BATTALION; payment of, 62
Gen. Thos. Brown; for the relief of, 67
Governor's veto of the Public Elction Bill, 83
HA.MILTON ACADEMY; to incorporate, -
INCORPORATION of the Baptist Church of Jacksonville, 1L
City of Port Leon, A2
St. Joseph's and Iola Canal and -
S: Rail Road Company, 54
Monticell& Rail Road Company, 31
Mechanics Beneficial Society, 36
Town of Mandarin, 10
Hanailtop Academy, -37
Town of Jacksonville, 12
S" N. Orleans, Florida and Atlantic
Transportation Company, 20
The Methodist Episcopal Church.
of Tallahassee, -
:: Madison Couri Hops.. -
Salem Academy in Leon county, 8
Cherry Lake Academy in Madi-
son county, 42
fticorporation of the ;t. John's and Tampa 'Vay, Rail
Road, Canal, and Steamboat Company, 48
Indian depredations; -24
S Governor to appoint Commissioners in
relation to, 24
Duties and powers ofCommissioners of 25
Iola and St. Joseph's Canal and Rail Road Company, 54
S" stock of 54
tolls of, 58
lola and Tallahassee Road, 6
J.CKSONVILLE; Bank of, -
Baptist Church to incorporate 11
Trustees and their powers 12,
charter of, subject to alter-.
ation and repeal, 12
To incorporate the town of, 12
City Council, their powers, &c. 13, 15, & 16
Intendant of, his duties, 16
i" City Elections iii, 16
Port Wardeps for the Port of, 23
Juniper Creek declared navigable up to D. A. McDavid's
Jurors of the Southern District, concerning,
KERR, P. and BULL, J. B.; for tf e relief of,
Key West, repeal of the last provision of the 5th section of
the act to establish a Board of Wardens,
&c., for the port of, -
LAWRENCE O'B. BRANCH, allowed to practice law in this
Laws of Florida; compilation of, 6.5
revision of, 66
Lien; right of shipwrights and material men to, 45
Light-House. at Cape St. Bias, 68
Louther Taylor's Ferry, across the Escambia River, 17
MADISON COURT-HoUSE ; to incorporate the Town of, .-
City Council of, its powers, 4
Intendant of, his duties. 5
Mandarin; to incorporate the town of, 10
Town Council of, its powers. &c. 10 & 11
." t' qualification of voters for, 11
Mariana and Iola Road, -
Marshals and District Attornies; duties of, in relation to
the apprehension and safe keeping of crim-
Martha P. Blackwell; to change the name of,
MWartin M. H.; fr the relief of -
Mlaeriai Men; right of lein granted to, -
Mechanics' Beneficial S,,ciety ; to incorporate,
." privileges and duration of.
Memorial to Congress in relation t,, the Cap tol, -
relation to the commerce and de-
fenceless condil on of the country,
Methodist Episcopal Church of Tallahassee; to incorpo-
Monticello Rail Road Company; to incorporate.- -
-" privileges of, -
capital of, -
Monticello Rail Road Company; delinquent stockholders
S" Directors of, 33
g" route of, 34
N rates, 35
NEAT CATTLE; to prevent the stealing of, 3
New Orleans, Florida and Atlantic Transportation Co., 9S
route of, 21
site of office of, 21
capital of, 21
t *d individual property of stock-
holders liable, 22
OrrncER or TH LEGISLATIVE COUNCIL ; compensation for, 46
PARISH, J. D. & Co.; for the relief of, 39
Pensacola; powers of the portwardens of, extended, 18
amendment to the incorporating act of, 35
Perrine, Mrs. A. F.; appointed trustee to the Tropical
Plant Company, 45
Peryv, S. J.; resolution relative to, 69
Pilotage of Key West, 3
Port Leon; to incorporate the city of, 26
City elections of, 27 & 29
Council, powers and duties of, 27 & 30
duties of Mayor of, 29
superintendents of elections in, 31
Port Wardens of Pensacola ; powers extended, 1
S" Jacksonville ; ." 23
Port of Apalachicola; Board of Wardens and Commis-
sioners for. 7
Private Secretary of the Governor, 70
BAIL RoAD; Brunswick and Florida, 26
St. Joseph and Iola, 54
Tampa Bay and St. John's,. 4
Rail Roa4 (~eapay,1 ~'llahasee; 4! nre4d the charter
Comqpay ; for the relief of, 41
ilpeal of portions of an oct authorising the Governor to
raise troops. 5 & 6
of an act concerning Jurors in the Southern District, 28
of part of the act amendatory to the incorporating
act of Apalachicola, -36
resolution in. favor of Mrs. Amanda M. Bkde, 64
for the relieff 'f Florida Troops, -
S in-favor of A. A. Fisher, ,6
relative tq:the Tailahassee and Iola road, 63
!" our't of Appeals, '63
Bidges across the Apalachicola
swamps and on the Mariana and
Iola road, -64
in reference to the Bank of Jacksonville, 64
CopiJ~~pa of e laws of
revision of the laws of Fla. 66
relative to James W. Exum, 6
franking privileges of the Governor, 68
for the relief of Thomas Brown, 6
relative to the Territorial revenue, 6T
S Bridges across Ocklocknee and
Little Rivers, es
to a Light House on Cape St. Bias, 68
to Auctioneers, -
in favor of Wm. P. Duval, 69
relative to Captain S. J. Perry, 69
a Penilentiary, 70
"' providing compensation frr the Governor's Pri-
vate Secretary, and for copying the laws, 76
relative to the civil expenses of the Territory
and the apprehension and safe keeping of crim-
6' relative to the duties of Marshals and District
Attornies in certain cases, 71
.ALEm ACADEMY ; to incorporate the, .
S Trustees of, may hold property, 9
ardent spirits may not be sold within
ooe ih, pf, -. 0
St. Auzuxtine City Guards; to organize the, 19
Shipwrights ; right of' len granted to, 45
Southern District; Jurors of, 25
Superior Court of, to have jurisdiction
in the County of Dade 23
Superior Court in Columbia County; relative to the, 38
TAMPA BAY AND ST. JOHNS R. R., CANAL AND STEAMBOAT
COMPANY; LO Incorporate, 84
powers of, 48 & 51
route of, 49
charges on, 51
lein tor passage money, 51
obstructions on, 52
capital of, 49
Tallahassee and Iola Road, 63
Rail Road Company ; to amend the charter of, 47
for the relief of, 41
Territorial revenue. 87
Transportation Company; New Orleans, Florida and At-
Tropical Plant Company; an act supplementary to the in-
corporating act of, 45
Trotman, A. M.; to change the name of, 36
WALTON CorUrY COUT ; to change the time of holding, 20
Wolves; to encourage the oestr, \ iig of, 42
Writ of Error in criminal cases shall not be granted, 7