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Acts and resolutions of the Legislative Council of the Territory of Florida
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 Material Information
Title: Acts and resolutions of the Legislative Council of the Territory of Florida
Uniform Title: Laws, etc. (Session laws 1840-1845)
Physical Description: 6 v. : ; 20-21 cm.
Language: English
Creator: Florida
Publisher: B.F. Whitner, Jr., printer
Place of Publication: Tallassee
Creation Date: 1842
Publication Date: 1840-1845
 Subjects
Subjects / Keywords: Law -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
Dates or Sequential Designation: 18th session (1840)-23rd session (1845)
General Note: Imprint varies.
 Record Information
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 18494375
System ID: UF00073406:00003
 Related Items
Preceded by: Acts of the Legislative Council of the Territory of Florida
Succeeded by: Acts and resolutions of the General Assembly of the State of Florida

Table of Contents
    Front Cover
        Front Cover 1
        Front Cover 2
    Title Page
        Page i
    Council members
        Page ii
    List of acts
        Page 1
        Page 2
    Acts of the legislative council of the Territory of Florida, passed at the twentieth session, 1842
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
    Resolutions
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
        Page 62
    Index
        Index 1
        Index 2
        Index 3
        Index 4
        Index 5
        Index 6
        Index 7
Full Text



ACTS


AN1



RESOLUTIONS







LEGISLATIVE COUNCIL,



OF T=H


TERRITORY OF FLORIDA,



PASSED AT ITS TWENTIETH SESSION,


hiclh commenced on third day of Jannary, and ended on IA
ffth day of March, 1842.


(BY AUTHORITY.)


TALLAHASSEE:
0. B. BARTLZTT, PRINTER, STAR OFPICI
iRoi







ACTS


AND



RESOLUTIONS



r1 T



LEGISLATIVE COUNCIL,



0F TMN


TERRITORY OF FLORIDA,



PASSED AT ITS TWENTIETH SESSIOfn,


SVhi4h commenced on the third day of Jonuary, and ended on ike
fifth day of March, 1842.


(BY AUTHOBRTY.)


TALLAHASREE:
0. B. BARTLElTT, PRINTER, STAR OFFICE.
&&"a
















R. K. CALL,
GOVERNOR.
THOMAS H. DUVAL,
SECRETARY.


-SENTTE.
W. H. BROCKENBROUGH.
PRESIDENT.
JAS. S. ROBINSON,
SECRETARY.


0OI7SE OP REPRESENTATIVE.
N. W. WALKER,
SPEAKER.
HUGH A RCHER.
CHIEF CLERK.







LIST OF ACTS,
Passed by the Legislative Council df the Territory of FtHbidr at
ttr Twentieth Sesroti.
An Act to organise the county of Santa Rosa.
An Act to authorize John I. Chapman to build a bridge or
establish a ferry across the Chipola River in Jackson County.
An Act to authorise Samuel Russell, J. G. Blount, and John
Lee Williams, to establish Ferries across the Suwarnee and
St. John's Rivers, at the places named.
An Act to amend an Act entitled "an act to incorporate the
City of Apalachicola.
An Act for the relief of Jesse Carter, late Tax Collector of
Alachua County.
An Act to repeal an act providing for the keeping of the Re-
cords of the County of M6squito and other purposes.
An Act to authorise George Brunning to build a bridge, or
establish a terry across Black Creek in Duval County.
An Act to be entitled an actto repeal all former acts incor.
porating the Town of WMonticello, except the act of 1831.
An Act-to be entitled. an.acf to establish and regulate pilotage
on the waters, and in the harbor of' ampa Bay.
An Act to be entitled an act to authorise BEnjamin Marshall
to establish a ferry across the Brack Water Iiver, at' the Town
of Milton.
An Act to autlirise JohnwA' Pringle toestablish a toll Bridge
across Escambia RWver.
An Act to beentitledan act for the protection of Morgagees:
An Act to be entitled an act to increase the number of Sen-
ators.
An Act to repeal an act concerning improvements on public
lands.
An Act to authorise Bryant Sheffield to establish a ferry
across Suwannee River, atthe upper Mineral Sprii gs, known as
th.' White Sulpher Springs.
An Act to extend the limitation of an act passed the 1lth
day of July, 1836, authorising Nathaniel W. Wa'ker to estab-
lish a ferry across the Wauculla River, near St. Marks and for
other purpose.
An Act in addition tothe several acts relating to crimes and
misde meanors.
An Act to incorporate the first Presbyterian Church of Apa-
lachacola.
An Act to repeal an act therein named.
Act Act to prevent trespasses upon university lands.
An Act to authorize Thomas Cooper to establish a ferry
across the Ebcambia River.







An Act relating to the punishment of offences not heretofore
disig;o.l ; d.
An Act for the relief of Banjamin G. Thornton.
An Act concerning the jurisdiction of Justices of. the Peace.
An Act to amend an act to, incorporate the Town of Jack-
sonville.
An Act respecting Executions.
An Act to authorise Solomon Zipperer, to establish a ferry
across Suwannee River.
An Act to amend the act incorporating the City of Pensaco.
la.
An Act to alter and change the time for holding the election
for representatives in the Legislative Council, from the Counties
of Franklin and Calhoun.
An Act to be entitled an act for the relief of the Widow and
orphans of Fernando Lowe.
An Ac to organise and regulate the Militia of the Territory
of Florida, and to repeal all former acts in relation to the
same.
An Act to prevent the future migration of free negroes'of
mulattoes to this Territory, and for other purposes.
An Act concerning Roads, Highwayv and Ferries.
An Act to authorize Cyprian T. Jenkins to establish a ferry
on the Withlacooche River.
An Act prescribing the manner of cancelling the Faith Bonds
ian! Guarantees.
An Act to provide for the Compensation of the Officers of
the lI- islative Gouncil, for theSession of 1842, and for other
purposes*







ACTS


OF THE

LEGISLATIVE COUNCIL,

OF THE TERRITORY OF FLORIDA.

PASSED AT ITS TWENTIETH SESSION.



No. 1. An Act to organize the County of Santa Rosa.
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the district of coun-
try included within the following boundaries to wit: Beginning
at the Alabama line, where said line crosses the EscambiaB ndanrie.
PRver, thence down said River to Escambia Bay, thence along
said Bay to Deer point, at the intersection of Santa Rosa Sound
with said Bay, thence up said Santa Rosa Sound to the line of
Walton county, thence with the line of Walton county to the
Alabama State line, thence with said line westwardly to the
point of beginning : Shall constitute and be organized into a Nams.
county to be called Santa Rosa county, but the courts of the
counties of Escambia and Santa Rosa counties, respectively ...
shall have concurrent jurisdiction of offences committed on the Jiction,
waters dividing said counties; and the courts of Santa Rosa coun-
ty, shall have jurisdiction of offences committed on waters ad-
jacent to the shore of the Sound or Gulfof Mexico, within said
county.
SECTION 2d. Beit further enacted, That the inhabitants of
said county, be and they are hereby authorised on the first
Monday of April next, and on the day thereafter required by Elections'
law for the other Counties ofthis Territory to elect such county when held.
officers as bylaw are directed in the several counties of:his Ter-
ritory, in the same manner and subject to the same duties, pro-
visions and responsibilities as apply to county officers of other
counties.
SECTION 3d. Be itfurther enacted, That said county of San- Judicial Dis.
ta Rosa shall be and is hereby declared to be in the limits and trict.
within the Jurisdiction of the Judicial District of West Florida.
S CTION 4th. Beit further enacted, That a county Court for County Courts.
said county shall be holden twice in each year, on the second









"When held. Monday in April and September, and until a county site shall
be legally selected for said county, the terms of county and
Superior Courts in said county shall be held at a town called
Milton, within said county.
SECTION 5th. Be it further enacted, That the Judge of the
Superior Cour's Superior Court of the District of West Florida, shall be and he
is hereby required to hold in said county of Santa Rosa, two
terms of the Superior Court annually on the second Mondays
in June and December.
SECTION 6th. Be it further enacted, That all suits pending
in the Superior or county Courts of Escambia county against
any person or persons, residing within the boundaries of Santa
Rosa county or any Corporation incorporated and located within
said boundaries of Santa Rosa county, together with all writs,
Papers to be indictments, declarations, pleas, and other papers or documents
turned over. appertainingo any such suit orsuits,and wherethereisnooriginal
exct pt of record, a copy of such record, whether suit be on the
civil or criminal side of the Court ,hall within thirty days af.
ternotice from the Clerks of the Superior Court, and County
Court of said county of Santa Rosa, be delivered over to them
respectively ; and the said suits, prosecutions or causes, shall
stand upon the dockets in said county of Santa Rosa, as if the
term to which they properly belonged in the county of Escambia,
and the Clerks, Marshals or other officers of Escambia county,
shall not be authorized to have or demand any fees,-until said
causes thus removed, shall be decided in the county of Santa
Rosa.
SECTION 7th. Be it further enacted, That the voters resident
in said county, who are qualified according to law, to vote for
memberof the Legislative Council, shall be authorized at the
time prescribed in this act, for the Election of county officers;
to elect five commissioners: whose duty it shall be to select
Count. site, and locate a permanent county site, as near as practicable to
how serltcted. the centre of the county, and if located on lands which are pri-
vate property, topurchase for the use of the county, one quarter
section, to enure to the use and for the benefit of Santa Rosa
county, such purchase to be made under the direction of the
county Court.
SECTION 8th. Be itfurther enacted, That from and after the
passage of this act, the county of Escambia, and county of*
te~resentative. Santa Rosa, shall each be entitled to one representative and no
more in the House of R'presentatives of the Legislative Coun-
cil of the Territory.of Florida.
SECTION 9th. Be it further enacted, That if the State of
Florida. shall be organized under the constitution formed at the
I.ir a-c ofbe-City of St. Josephs, the erection of the county hereby erected
--,in, jute.h ,hall not effect the representation in the State Legislature, but
the two counties of Escambia and Santa Rosa, shall together be








entitled to three Represeneatives, and one Senator, as prescribed
by said constitution, the same as if this act had not been pas.
sed.
SECTION 10th. Be it further enacted, That all laws conflicting
with this act, so far as the same conflict with the provisions
herein contained, shall be and the same are hereby repealed,
-an. I' act art l he in force from and after its passage.
Passed the House of Representatives, 1 th February, 1842.
Passed the Senate, 15th February, 1842.
Approved, 18th February, 1842.







No. 2.-An act to authorize John R. Chapman to build a Bridge or establish
a Ferry across the Chipola River in Jackson County.
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That John R. Chapman of
Jackson County, be, and he is hereby authorized and vested
with the right of building a Bridge or establishing a Ferry a-
cross Chipola River in said county, at the place now called and
known as Chapman's Bridge, and have the enjoyment of the
right of said Bridge or Ferry during the term of ten years; Term of th
Provided, The said Chapman shall keep the said Bridge or Fer-rgiit.
ry in good order for the passage of Carriages; and should he
fail to do so for the space of sixty days, all the right vested by
this act, shall cease and be forfeited, and should the said Chap.
man fail to complete the said worK within twelve months after
the passage of this act, then his right to build a Bridge or es.
tablish a Ferry over said River shall be void.
SecTIoN 2d. Be it further enacted, That there shall be a
space of forty feet between the abutments or pillars of said
Bridge including the channel of said River, and said Bridge Cbannel to
shall be sufficiently high for the safe and easy passage of boats be left open.
at every stage of water.
SECTION 3d. Be itfurther enacted, That the said Chapman
shall be entitled to receive such toll and be subject to such reg. Toll.
ulations as shall be established by the County Court of Jackson
County and the future Legislature of the Territory or the
State of Florida.
SECTION 4th. Be it further enacted, That this act shall be
subject to amendment, alteration or repeal by any future Leg
islature of Florida, and shall be in force from and after the
passage of the same.









Passed the House of Representatives 14th February, 1842.
Passed the Senate February 1842.
Approved 26th February 1842.







No. S3 An act to authorize the following named individuals (to wit) Sam,
uel R sicll, I. G. Blount and John Lee Willams, to establish Ferries
across the Suwannee and St. Johns Rivers at the places below named
a.TiON 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That Samuel Russell of the
berries, County of Columbia, be, and he is hereby authorized and vested
whereestabliEh- with the right of establishing a ferry across the Suwannee
ed.. River at or near the lower Mineral Springs, and that I. G. Blount
of the same County of Columbia, be, and he is hereby authorized
and vested with the right of establishing a ferry across the Suwan-
nee River at a place known as Blount's Ferry, and that John
Lee Williams of the County of St. Johns, be, and he is hereby au.
thorized and vested with the right of establishing a Ferry
across the St. Johns River, at the place known as Picolata;
and that the above named Samuel Russell, I. G. Blount and
John Lee Williams their heirs, executors or administrators,
To be keptrespectively, shall keep the said ferries respectively, with sui-
rith suitable table boats and flats in good order for the passage of carriages
Boats. and other vehicles, and should the parties to either of the above
named Ferries fail to doso for the period of ninety days, all
the right vested by this act shall cease and be forfeited so far
as it refers to that particular ferry. And should the said
Samuel Russell, I. G. Blount or John Lee Williams their heirs
executors or administrators or either of them fail to establish
a Ferry and furnish the necessary Boats and Flats for either
of the above named Ferries for the period of six months from the
passage of this act, then the right to establish a ferry at
the place wheresuch failure has happened shall be void.
SECTION 2nd Be it further enacted, That the said Samuel
Russell. I. G. Blount and John Lee Williams their heirs, ex-
Toll retulaIecutors or administrators shall be entitled to receive such toll
ted by County and be subject to such regulations as shall be established by the
Court. County Courts of the above named Counties and the future
Legislatures of the Territory or State of Florida.
SECTION 3d. Be it Further enacted, That it shall be unlaw-
ful for any person or persons to establish or keep a ferry with-
in fi'e miles of said ferry except it be for his or their own usep
and not for gathering toll.









SECTION 4th. Be it further enacted, That this act shall at
any time be subject to amendment modification, or repeal by any
future Legislature of Florida either as a State or Territory
SECTION 5th. Be itfurther enacted, That all laws and parts
of laws conflicting with the provisions of this act be, and the
same are hereby repealed.
Passed the House of Representatives 1st February 1842.
Passed the Senate, 15th February 1842.
Approved February 26, 1842.







No. 4.-An Act to amend an act entitled "an act To incorporate the City of
Apalachicola."
SECTION 1st. Be it enacted by the Governor and Legislative
Council, That the Mayor and Common Council of the City of
Apalachicola, shall have power to regulate and prescribe by
ordinance, the rates,and fees of wharfage, and the duties and pri-
vileges of wharfingers for the City of Apalachicola.
Passed the Senate January 31st, 1842.
Passed the House of Representatives February 17th, 1842.
Approved 26th February 1842.









No. S. An Act fbr the relief ef Jesse Carter, late tax Collector of Alachua
County.
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the Auditor of the
Treasury be directed to settle the account of Jesse Carter,
late tax collector of Alachua County, upon just and equitable
principles, and in such settlement to allow him for all Territo.
rial taxes not actually collected and received by him, of which
fact he shall furnish satisfactory proof to said Auditor, and al.
so to allow to said Carter for his expenses of advertising and
other reasonable expenses incurred as tax collector, and his
commissions on the amounts collected: Provided, That nothing









in this act shall be so construed so as to allow said Jesse Carter
to receive a per centum on taxes not actually collected.
Passed House of Representatives Jan. 19th, 1842.
Passed Senate February 16th. 1842.
Approved 3d March, 1842.









No. 6.-An Actto repeal an Act providing for the safe keeping of the Re-
cords of the County of Musquito and other purposes. Approved Feb.
ruary 2d, 1838.
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the aforesaid recited
act, be, and the same is hereby repealed; and that it shall be
the duty of the Clerk ot the County of St. Johns on or before
the 10th day of May next to turn over and deliver to the Judge
of the County Court of the County of Leigh Read, late Mus.
<;uito, all the Books, Records. and papers of said County to be
placd by said Judge with the Clerk of said county of Leigh
Read, when qualified according to law.
SECTION 2d. Be it further enacted, That the Judge of said
County Court of Leigh Read County be authorized to order an
election to fill any vacancy that now exists or may arise in any
county office of said County.
Passed the House of Representatives 15th February, 1842.
Passed the Senate 17th February, 1842.
Approved 26th February, 1842.









No. 7. An act toauthorizeGeorge Brunning tobtuild abridge, or establiqj
a ferry across Black Creek, in Duval County.
SEC. 1st. Be it enacted by the Governor and Legislative Couw.
ell of the Territory of Florida, That George Brunning of Du.
val County, be, and he is, hereby authorized and vested with








the right of building a bridge or establishing a Ferry across
Black Creek in said County, at or near the site known as Ga-
ry's Ferry and have the enjoyment of the right of said Bridge Location.
or Ferry during the term of twenty years; Provided that the
said George Brunning his heirs, executors or administrators
shall keep the said Bridge or Ferry with suitable boats and
Flats in good order for the passage of carriages and other ve-
hicles; and should he or tlhey fail to do so, for the space of
ninety days all the right vested by this act shall cease and be
forfeited, and should the said Brunnine his heirs, executors or ad-
ministrators,fail to co-nnlete th- said work within twelve months
after the passage of this act: then his right to build a bridge
or establish a ferry, over Black Creek shall be void.
SEC. 2d. Be if further enacted, I hat the said Brunning his Toll under the
hiers, executors or administrators shall be entitled to receive controll .f the
such toll and be subject to such regulations as shall be establish. County Court
ed by the County Court of Duval County and the future legis.
latures of the Territory or State of Florida.
SEc. 3d. Be it further 'enacted, That it shall be unlawful for
any other person or persons, to establish or keep a Ferry or build
a bridge within five miles of said Ferry or Bridge, over the
North prong of Black Creek except it be for his or their own
use and not for gathering toll.
SEC. 4th. Be it further enacted, That this act at any time
shall be subject to amendment modification or repeal by any
future Legislation of Florida either as a Territory or State.
Passed the House ofRepresentatives 15th February, 1842.
Passed the Senate, 1-th February, 1842.
Approved 3d March 1842.




No, 8 An act to be entitled an Act to repeal all former acts incorporating
the Town of Monticello except the act of 1831.
SEc. 1st. Be it enacted by the Governor and Legislative Cou.n
cilqof the Territory of Florida, That all acts or parts of acts
incorporating the Town, of Monticello or amendatory of acts,
incorporating said Town except an act entitled an act to incor-
porate the Town of Monticello in Jefferson County Ap.
proved on the 10th day of February 1831. Be and the same
are hereby repealed, and the said act incorporating the Town of
Monticello Approved on the 10th of February 1831 be and the
same is hereby declared to be in full force and virtue.
Passed by the House of Representatives. February 15th, 1842
Passed the Senate 25th February, 1842.
Approved ad March 1942.









No. 9. An act to he entitled an act to establish and regulate pilot.
age, on the waters, and in the Harbor of Tampa Bay.
SEC. 1st. Be it enacted by the Governor and Legislative Coun-
cilof the Territory of Florida, That the Judge of the County
Court of Hillsborough County be and hereby is empowered to
appoint one or more pilots for the waters and harbour of Tam-
pa Bay.
SEC. 2d. Be it further enacted, That the Judge of said Coun-
ty Court, be, and hereby is empowered to establish the rates of
pilotage on said waters and in said harbour and prescribe rules
to govern pilots, and the collection of pilotage.
SEC. 3d. Be it further enacted, That all laws conflicting with
the provisions of this act be and hereby are repealed.
Passed the House of Rep. 16th February 1842.
Passed the Senate 25th February 1842.
Approved 3d March, 1842.







No. 10. An Act to be entitled an act to authorize Benjamin Marshal to es-
tablish a ferry across the Blackwater River, at the town of Milton.
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That Benjamin Marshal be,
and he is hereby authorized to establish and charged with the
location, duty of keeping a ferry from the town of Milton, on the Black-
water river across to the east side of said River, for and during
the term of ten years from the passage of this act: Provided,
That this act shall not conflict with pre-existing rights.
SECTION 2d. Be it further enacted, That the said Benjamin
Marshal, his heirs and assigns, shall at all times keep a good
and sufficient flat at said ferry, to cross loaded waggons and
Toll rengla-teams, and he or they shall receive such rates of ferriage as
ted by County may be established from time to time, by the county Court of
Ouurt. Santa Rosa County, and shall be subject to the orders of said
Court.
SECTION 3d. Be itfurther enacted, That this act shall at any
time, hereafter be subject to be amended, modified, or repealed,
by any future Legislature of the State or Territory of Flo.
rida.
Passed by the House of Rep. 19th February, 1842.
Passed by the Senate 26th February, 1842.
Approved 3d March, 1842.








Wo. 11.-An Act to authorize John A. Pringle, to establih .a toll Bridge
Ucrow Escambia River.
SECTION 1st. Be it enacted by the Governor and Legis!a!ive
Couincd of the Territory of Florida, That John A. Pringle, be
and hereby is authorized to erect a toll bridge across the Es-
camnbia River," opposite to his present place of residence, for
and during the term of twenty years from the passage of this
act.
SECTION 2d. Be it further enacted, That the said John A.
Priugre, his heirs and assigns, shall at all times keep said bridge
in good repair to cross loaded waggons and teams, and he or
they shall receive such rates of toll as may be established from
time to time, by the county Court of Escambia county, and
shall be subject to the orders of said Court.
SECTION 3d. Be it further enacted, That if the said John A.
Pringle shall fail to erect the said bridge and open a road
through the Swamp on each side of said River, within two
years from and after the passage of this act, then the rights
and privileges granted by this act are to be void.
SECTION 4th. Be it frtherenacted, That the said bridge
shall be so constructed as not to obstruct the passage of Keel
boats and cotton flats in time of high water, and at least thity
feet between the arches.
Passed the House of Rep. 26th February, 1842.
Passed the Senate, 28th February, 1842.
Approved, 3d March, 1852.







No. 12.-An Act to be entitled "an act," for the protection of Mortgyaget,.
SECTroN 1st. Be it enacted by the Governor and Legit/ativc
Council of the Territory of Florida, That if any Mortgagor of
personal property in this Territory, or other person shall with
fraudulent intent make arrangements, endeavour or attempt Mortrpaors at.
to remove the same beyond the limits of the Judicial District in trieptmin to re.
which the property was at the time of the execution and de-" ove property,
livery of the Mortgage so as to impair the rights interest or how dealt with.
rerpedies of the Mortgagee or the assignee of such mortgagee,
it shall be competent for the mortgagor or any person interested
in the said mortgage, upon making an aflilavit of the fact be.
fore a Judge of the Superior or County Court, or before any
Justice of the Peace, or the Clerk of the County or Superior
Court, to obtain a writ of attachment, to be directed to any Con.









stable SherifT, or Marshal, requiring him to attach and take n14
his custody the property so removed or attempted to be removed,
orifsuch Conatable, Sheriff or Marshal, cannot be had, then any
other indilferent person,.specially delegated under the hand and
seal of the Judge, Justice or t!qrk, issuing such attachment.
SECTIoN 2d. Be itfurther eitacted, That upon application
of the mortgagor, or person interested in the mortgage, to the
Judge of the District in which the writ of attachment was is.
sued, it shall be his duty to order a venire to be issued, requir-
Jury to big the Marshal to summons a jury to be empannelled before
hipt*n 'd. him,at such time and place as shall be specified in said writ,
then and there to try and determine the following facts: 1st.
Whether the property attached was actually, bona fide mort-
gaged :. d, Whether the Mortgagor, or other person'claiming
any interest in such property or any person acting under his
or their authority or with his or theirprivity or consent so fraud:
ulently intended, have made arrangements or endeavoured or
attempted to remove beyond the limits of the Judicial District the
property so mortgaged without the consent or contrary to the wish'
Verdict to be esolthemortgagor, or other person interested in the said mortgage,
ordered. and if the finding shall be in the affirmative, the jury shall tht
proceed to ascertain the amount of the demand under the said
mortgage, and shall render a verdict for the same; whether
the same be due or not, and judgment shall thereupon be entered
up, and execution be issued and levied, as in other cases of ex-
ecution.
SECTION 3d. Be itfurther enacted, That if the Judge of the
Judge Supe. Superior Court shall be absent from the district, or from other
rior Court ab-causes shall be unable or incompetent to take coguisance of the
Lnt or oiCO case, the application fora hearing may be made to the Judge
ounty Cotof the county Court, who shall beauthorized to act in the stead of
act. the Judge of the Superior Court ; and all such writs of attach-
ment as is contemplated by the tirst section, whether the same
be issued by a Judge of the Superipc ar County Court, or by a
Attachmet Justice of the Peace,or by the Clerk of the Superior or County
to run into anyCourt, shall run and have full force and effect in every county
County. of this Territory, but all,writs of attachment issued under this
act, when the real umn of controversy may be one hundred
dollars of more, shall bp niiad returnable to the Superior
Court.
SEacTms 4th.. Be it further yaicfe4, That if any mortgagor
of property shall, fraudulently repvove, or attempt to remove
Mairt agorbi the same beyond the limits of thiS Territory, the said mortga-
tonr ;uilly ofgor his aiders and abettors and every person wiltully and know:
telJuv. ingly, who may be. engaged assisting the said fraudulent renmo
val or, attempted removal. shill be indicted and upon conviction
PunisLmJ-nt.shall be deemr'l guilty of a f-lnoav; and puniished !iv i'iprio ,'
m, tt at the discretion of a jury, not les tihian Eix months in 'thp









tnmmon jail of the county and till the costs of prosecution are.
paid.
SECTIONr 5th. Be it further enacted, That if any stockholder
in any Banking or other incorporated institution, shall fraudu-
lently remove or attempt to remove out of this Territory, any
personal property or slaves which may have been mortgaged
or pledged thereto.for the security of the stock in the sime or any
liability to such corporatioa,orshall without the written consent
of the said Banking or incorporated institution, sell the same or
any part thereof, or dispose thereof, so as to impair the rights, in.
terestsor remediesof such corporation with respect thereto, the
Stockholder so offending, shall in addition to the pains, penal- Stock holder
ties and fortfeitures enumerated in the foregoing sections of this to forfeit stock
act, forfeit to the said institution, all the Stock in the same toincertain cases,
which he may be entitled and all his rights and interest as
Stockholder; and any property mortgaged by such Stockholder
tosaid Corporation shall nevertheless be bound for any liabili-
ties he may have incurred to said Corporation and his debts
shall not be impaired by said forfeiture, and said forfeiture shall
be made a part of the judgment or sentence of the Court on
conviction of such Stockholders as aforesaid.
SEcTroN 6th. Be itfurther enacted, That if any person hav.
ing possession or control of any personal property, the title Property in
to which may be in litigation in any Court of law or chancery litigation.
in this Territory, shall fraudulently remove or attempt fraudu.
lently to remove any such property beyond the jurisdiction of
such Court, or sell the same without giving actual notice of
such litigation for the purpose of evading the effect of any d-s.
vision such Court might make he or she so offending, his or her Pnishment for
aidors and abettors shall be subject to the punishment provided removal
by this act, and shall forfeit all right, title, interest or claim
which the party so offending shall or may have in or to such
property.
* SzeTIon 7th. Be it further enacted, That such attachment
thus applied for, shall not be issued till after the party applying Bond and se.
shall have given bond with two securities in double the amount erityto be giv.
of the debt claimed to be approved by the Judge the Clerk oren.
Justice granting said attachment to pay all damages the de.
fendant may sustain,. if the said attachment should be abated
or dismissed for any cause whatever.
SECTIOIT 8th. Be it further enacted, That this act shall go
into operation from and after its approval by the Governor.
Passed the House of Representatives, 28th February, 1842.
Passed the Senate, 1M42.
Approved, 3d March, 1842.








No. 13. An act to be entitled an act to increase the number 6f Seu
ators.
SEC. 1st. Be it enacted by the Governor and Legislative Coun.
cil of the Territory of Florida, That from and after the passage
of this act the Senate of the Legislative Council of the Territo-
Senate in- ry of Florida shall in accordance with the provisions of the
creased, act of Congress entitled an act to re-organize the Legislative
Council of Florida and for other purposes approved Jvly 7th
1838, be increased to the number of fifteen. 1
SEc. 2. Be it further enacted, That the Western. District
including also the Counties 'of Franklin, Calhoun, Jackson and
Washington, shall be entitled to four Senators to be chosen by
District. general ticket of the qualified voters of the Counties of said
District. The M-iddle District shall be entitled to five Senators
to be chosen by general ticket of the qualified voters of the
Counties of said District.
The Eastern District shall be entitled to four Senators to be
chosen by general ticket of the qualified- voters of the coun.
ties of said District.
And the Southern District shall be entitled to two Senators to
be chosen by general ticket of thr qualified voters of the Coun.
ties of said District.
Passed by the Senate, February 26th, 1842.
Passed by the House of Rep. February 28, 1842.
Approved 3d March 1842.







xo. 14. An Act to repeal an act concerning improvements made on public
lands..
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territoryof Florida, That an act entitled an act.
concerning improvements made on public lands, approved Sep-
tember 16th 1822; except that part of the first section which.
precedes the proviso, be and the same is hereby repealed.
Passed the House of Representatives Jan. 26th, 1842.
Passed the Senate March 1st, 1842.
Approved 4th March, 1842.








Fo. 15.-An Actto authorize Bryant Sheffield to establish a Ferry across
Suwannee River, at the Upper Mineral Springs, known as the White ul-
pher Springs
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That Bryant Sheffield, of
the county of Hamilton, be and he is hereby authorized and Where esta
vested with the right of establishing a ferry across the Suwane wished.
nee River, at theupper Mineral Springs, known as the White
Sulpher Springs, and that the above named Bryant Sheffield
shall have the enjoyment of said ferry, during the term of ten
years; Provided, the said Bryant Sheffield, his heirs, executors
or administrators, shall keep the said ferry with suitable boats Boats to be
and flats, in good order for the passage of carriages and otherept in good or.
vehicles; and should the said Bryant Sheffiled, fail to do so for
the space of ninety days, all the right vested by this act shall
cease and be forfeited, and should the said Bryant Sheffield his
heirs executors or administrators tail to establish a ferry and
furnish the necessary boats and flats for the period of six months
from the passage of this act then the right to establish a ferry
across the Suwannee at the above named place shall be void.
SSECTION 2d. Be it further enacted, That it shall be unlaw-
ful for any person or persons to establish and keep a ferry on
said River, within five miles of said ferry except it be for his
or their own use and not for gathering toll.
SECTION 3d. Beitfurther enacted, That it shall be the duty
of the said Bryant Sheffield, his heirs, executors, or assigns to
keep at all times a good and sufficient flat, or craft of sufficient
size to cross a waggon and team and that he shall be entitled to Toll to be
receive such toll as may be fixed by the County Court of Ham- fidcd by County
ilton county and be subject to the order of said Court, and such court.
laws as may now be in force or may be hereafter passed by the
Legislative Council in relation to Ferries.
SECTION 4th. Be itfurther enacted, That this act, shall at
any time be subject to the amendment, modification or repeal of
any future Legislature, either as a Territorial or State Govern.
ment.
Passed the House of Rep. 15th February. 1842.
Passed the Senate, 18th February, 1842.
Approved, 4th March, 1842.





ITo. 16. An At to extend the Limitation of an act passed on the 11th d4y
of Feb'y 1836, authorizing Nathaniel W. Walker to establiin a Ferry
#cross the Wanclla River, near St. Marks and for other purposes.
TION lst Be it enacted by the Governor ana Legislative









Council of the Territory of Florida. That trom and after the-
passage of this act, William H. Walker shall be authorized
to establish said Ferry, with all the rights and privileges here.
tofore granted to Nathaniel W. Walker.
SECTIon 2d. Be it further enacted, That the said act be, and
the same is hereby revived and extended for ten years.
SECTION 3d. Be it further enacted, That the rates of toll for
said Ferry shall be established by the County Court of Leor
County.
Passed the House of Rep.,18th Feb. 1842;
Passed Senate 1st March, 1842.
Approved 4th March,1842.







No. 17.-An Act in addition to the several acts relating to Crimes and Miw
demeanors.
SECTION Ist. Be it enacted by the Governor and Legislative
We sale ef Council of the Territory of Florida, That from and after the
spirituous liqu- approval of this act, it shall be unlawful for any person whoso-
-eto pa or eever, to sell to any slave, freenegro or mulatto, any spirituous or
coour intoxicating liquors, without the written permission of the mas-
ter of any such slave, or guardian of any such free negro or
mulatto.
SECTION 2d. Be itfurther enacted, That if any person or
persons shall violate the foregoing section of this act, he she or:
Information they so offending shall be severally liable to the suit of any in.
to be given, former by action of debt, before any Justice of the Peace of the
county where any such offence may be committed, who shall
upon-proof of any such offence, enter judgment in favor of
Penality. the plaintiff for the sum of twenty dollars and costs. One half
whereof shall be for the;use of said informer, and the other
half for the use of the County Treasury.
SECTION 3d. Be itfurther enacted, That ifany person against
Execution whom judgment shall be rendered according to the provisions
issue, of the second section of this act, shall fail or refuse to pay and
discharge any Judgment so as therein provided, may be render-
ed against him or her, it is hereby declared, execution may
issue on any such judgment, as in other cases, and it is
moreover provided in any such case, that for such selling ofspiri-'
tuous or intoxicating liquors, every such offender shair be
n ie for deemed guilty of a misdemeanor, and shall be liable to indict-
ment by the grandjury, and on conviction, to imprisonment not-








exceeding six months at the discretion of the jury.
Passed the House of Rep. 25th February, 1842.
Passed the Senate. March 1st, 1842.
Approved, 4th March, 1842.







,No. 18.-An Actto incorporate the first Presbyterian Church of Apalach.
icola.
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That from and after the
passage of this act, the Presbyterian Congregation at Apalach- Corporatename.
icola. shall be incorporated and be a body Politic by the name may sue and be
and style of the first Presbyterian Church of Apalachicola, and sued.
by that name shall be capable and liable in law to sue and be
sued, pleadand be impleaded, defend and be defended, and to
have, hold, possess, and enjoy, real and personal estate of any
kind whatever; Provided, that the same shall at no time exceed
the value or amount of fifty thousand dollars.
SecTIoN 2d. Be itfurther enacted, That for the better gov-
ernment of said incorporation, Joseph B. Brown, Enoch C.
Roberts, Benjamin F. Nourse, Thomas Orman, Alva Wylie, Trustees ap.
William F. Terrill, George F. Baltzell, be, and they are her. pointed.
by, appointed Trustees of the first Presbyterian Church in Ap.
alachicola to hold their offices, as hereinafter directed ; and as
Trustees as aforesaid, they and their successors in office shall
have power in law, and are hereby made capable in the name
of the Trustees of the first Presbyterian Church of Apalachi-
cola, of buying, selling, accepting and being invested with, all C able of
manner of estate, real, personal and mixed, all donations, gif s. person etate
grants, bargains, privileges, and immunities, whatsoever;
which may belong to said Church, or may be hereafter trans.
ferred, or conveyed to them or their successors in office, not ex-
ceeding fifty thousand dollars, to have and to hold the same, for
the proper use, benefit and behoof of the said Presbyterian
Church of Apalachicola.
SEcrTIo 3d. Be it further enacted, That all the white mem-
hersf said Church, shall be deemed qualified electors at any and
every elections for Trustees of said Church, and that the first
election for Trustees shall be held on. the first Monday Eletioni of
of January 1843, and annually thereafter on the fi-st Mlndav, Tr:: to be
ot January in each and every year, unless the T'ustees shall e annually
-by their bye laws fix different day, of whichbnotice sha& be









given in some new;naper. The Trustees hereby appointed
to hold :heir offices .,util the first election, and each subsequent
board in like manner to hold until their successors be chosen
provided if at any time an electi-n shall not be held according
to law, this charter shall not ther-fore be forfeited, but an elec-
tion may, -s I shall, te held at any other time upon an appoint.
ment made oy a majority of the white members of said Church
and duly advertised.
SECTION 4th. Be it furlhlr enacted, That on violation of
any of the provisions of this Charter, it shall be subject to al-
teration, amendment or repeal, by any future Legislature.
Pazssd the Hause of Rep't. 26th February, 1842.
Passed the Senate, 28th February, 1842.
Approved, 4th March, 1842.






No. 19. An act to repeal an act therein named.
SECTION 1st. Be it enacied ..y ihe Governor and Legislative
Council of the Territory of Florida, That an act entitled an act
to provide for the completion of the Court House in the County
of Duval, approved on the llth of Feb. 1834, be, and the same
is hereby repealed.
Passed the House of Representative 26th Feb., 1842.
Passed the Senate 2d March, 1842.
Approved 5th March, 1842.






'-o. 20. An act to prevent T'respases on University Lands.
SEc st. Be it enacted by the Governor and Legislative Coun.
cil of the Territory of Florida, That it shall he the duty of the
District Attorney for the several Districts of this Territory
to seek cut and prosecute all Trespasses upon any of the Lands
in this Ter:itorv known as University Lands in any of the
Courts having competent Jurisdiction and to take such measures
as may be necessary to obtain possession for the Territory of
any such Latds wrongfully occupied.
Sec. 2d. Be it further enacted, That if any person or per.
sons shall wilfully trespass upon any of the said University
Laad. he shall bo subject to an indictment and fine or impris.









onment, the fine not to exceed five hundred Dollars or the impris.
onm rint not to exceed six months, at the discretion of th Court
and shall also be subject to a suit in the name of the Territory
for damages.
Passed the House of Rep. Feb. 28, 1942.
Passed the S2nate Mirch 1st, 1842.
Approved 4th March 1842.






No.21. An act to authorize Thomas Cooper to establish a Ferry across the
Escambia River.
SECTION 1st. Be it enacted by the Governor and Legi'iative
Councilof the Territory of Florida, That Thomas Cooper be
and he is hereby authorized to establish and keep a public F',r.
ry across the Escambia River at a place commonly known is
Durand's Bluff. And that he have the enjoyment of th- right
of said Ferry during the term of twenty years : Provided, The
said Cooper shall always keep a flat of sufficient size and
strength, to carry over a loaded wagon and team. And shill
strictly comply with the rules and regulations that may be os.
ablished by the County Court of Escambia County, or that may
be thereafter provided by the law.
SECTION 2d. Be it further enacted, That the right given to said
Cooper by an act approved January 23d, 1838, to establish a
ferry across the Escambia River, at a place commonly known
as Durands Bluff, be so amended as to extend the enjoyment of
the right to said Ferry to the term of 20 years from the date of
this act, subject to all the restrictions contained in said act.
SECTION 3d.. Be it further enacted, That this act shall at any
time be subject to the amendment modification or repeal of any
future Legislative Council.
Passed the House of Representatives, Feb. 28th, 1842.
Passed the Senate, March 2d. 1842.
Approved 4th March, 1642.






No.22. An Act relating to the punishment of offiines rot h"retoforc desig.
nated.
SEeTION lst. Be it enacted by the Governor and Legislatir








Council of'the -Territory of Florida, That any person, who,
Buggery, p. shall commit buggery or sodomy with either human being or
hment. beast, .shall, be adjudged guilty of felony and ,shall .suffer
death.
SECTION 2d.. Be it further enacted, That the seventy sixth
section of an act, entitled an act relating to crimes and misde-
meanors; which was approved on the 10th day of February,
1832, shall be, and the same is hereby repealed, so far as it
conflicts with this act, and no further.
SECTION 3d. Be it further enacted, That this act shall be in
foroe from and after the passage of the same.
Passed the House of Rep. 17th February, 1842.
Passed Senate 25th Feb., 1842.
Approved 5th March, 1842.






No. 23. An act for the relief of Benjamin G. Thornton.
SEc. 1st. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That there shall be allowed to
Benjamin G. Thornron the sum oftwothousand five hundred dol.
lars, on account ofhis demarid against the Territory ofFlorida, on
a contract entered into in the year 1828 for building aCapitol.
Provided, however, said sum shall be paid only out of the Tal.
lahassee fund when in funds, and that certificates or evidence
of said allowance shall only be furnished to his order after.he
shall have executed a release in full to the Territory for all de-
mands on account of said contract. Provided more-over that
nothing herein contained shall debar the said Benjamin G.
Thornton from presenting his claim against the Government of
the United States for Compensa ion.
Passed the House of Rep. Feb. 24th, 1842.
Passed the Senate, MArch 1st, 1842.
Approved 5th March, 1842.






No. 24. An Act concerniLg Jurisdiction of the Justices of the Peace.
SECTION 1st. Be it e.:::"d by the Governor and Legislative
Council of t\c Territory of Florida, That the Justices of the









Peace of this Territory shall have and exercise within the lim-
its of their respective Districts exclusive, original jurisdiction in
suits, for the collection of all debts, dues anddemands, where the
principal of the amount sued for does not exceed the sum of
fifty dollars allowing interest and costs to any amounts due,
whether the same be liquidated or standing in open account;
but no justice of the peace shall entertain Jurisdiction in any
action for slander or assault and battery, false imprisonment or
for trespass on lands.
SECTION 2d. Be it further enacted, That the tenth section of
an act concerning the appointment and jurisdiction of justices
of the Peace, approved November 21st 1828, be, and the same
is repealed.
Passed the House of Rip., March 3d, 1842.
Passed the Senate March 2d, 1842.
Approved 3d March, 1842.







No.!5. An Act to amend an Act to incorporate the Town of J$cksonville.
S SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That so much of the act
entitled an act to incorporate the Town of Jacksonville, appro-
ved 10th. of Feb. 1841, as defines the boundaries of said town
be,andthe same is heieby repealed. To take effect from and after
the approval of this act, and that from and after said approval
the boundaries of said town shall be as follows, to wit: Begin-
ing at a point on the south bank of St. Johns river directly south
from the mouth of Hogan's Creek, thence north to the mouth
of Hogan's Creek aforesaid, thence along said Creek ascend-
ing with the meanders of the south Branch of said Creek to a
point near the public road (called the king's road) where said
Creek takes a direction from nearly south west to nearly north
west from said bend by a direct line in nearly a southwesterdly
direction to the mouth of McCoy's creek, thence across the St.
Johns' river by a direct line, to Hendrick's point, thence east-
Vardly along the bank of St. Johns' river to the point of begin-
ing.
Passed the House of Rep. 29th Jan. 1842.
Passed the Senate 25th Feb. 18"4.
Approved 4th March 1842.








No .6. An Act Respecting Evecutiomn.
SECTION 1st. Be it enacted by the Goverpor and Legislative
Council of the Territory of Florida, That in all cases where
judgment has been obtained and execution levied, it shall, and
may be lawful for the defendant or defendants in execution upon
Def ean, in the payment gf all aostp which have accrued, and ten per cen.
exc!uta. n may um on the amount of judgment to retain the property .levied
postpone sale. on, in his, her or their possession, and have the sale of said pro.
perty postponed for the space of sixty days, and if on .the ex-
piration of said time the *aid Defendant or Defendants shall
again pay too per centum on the original amount, the sale shall
be again postponed for the apace of sixty days, and so on from
time to time until the whole amount of judgment is satisfied.
SECTION 2d. B it further esarted, That the officer levying
execution, shall, however, in no .ease postpone the sale of pro.
perty, agreeably to the provisions of the first section, unless
the defendant or defendants in execution shall first give bond
with approved security, conditioned for the forthcoming of the
property so levied on as aforesaid.
SECTION 3d. Be itfurther enacted, That if the property so
replevied shall not be produced at the time and place prescri-
bed, execution shall forthwith issue against the security on the
replevin bond.
SECTION 4th. Be it further enacted, That this act shall be in
force, from and after its passage, and continue in force until the
first day of March, 1843, and that all acts heretofore passed
conflicting with the provisions of this act, be and the same are
bereby repealed.
Passed the House of Representatives 28th February '842..
Passed the Senate March 5tb, 1842.
Approved 5th March, 1842.









)o. 27. An Act to authorize Soonmon Eipperrer'to establish ferry aeroa
the Suwannee River.
SEC. 1st. Be it enacted by the Governor. and Legislative Coun.
cil of the Trrritory pf Florida, That, Solomon Zipperrer be and
he is hereby authorized to establish, and charged with the dity
o' l-pning a ferry on the Suwannee River at the Junctioe )f
id River with the Alapahaw R v r for and during the teraitf
.en years, from and after the passage of this act.









Suc 2d. Be it further enacted, That the sailI Solomon Zip-
perrer his hiers and assigns shall at all t:n:m's k.p i. ,o4
and sufficient Flat or Ferry boat to cross loaded Wag.
gons and teams and he or they shall receive such rates of Fer-
riage as may be established from time to time by the County
Court of Hamilton County, and shall be subject to the orders
of said court.
SEC. 3d. Be it further enacted, That it shall not be lawful
for any person or persons to establish or keep a ferry within
five miles of said ferry either on the Suwannee or Alapahaw
Rivers unless the same be toll free, or for his or their individ-
ual use.
SEc. 4th. Be it further enacted, That if the said Solomon
Zippprrer, shall fail to establish said Ferry within six months
front the passage of this act; Then the rights and privileges
granted by this act are to be void.
Passed by the House of Rep. March 2d 1842.
Passed by the Senate March 3d 1842.
Approved 5th March 1842.






No. 38. An act to amend the act incorporating the City of Pensacola.
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That from and after the
passage of this act, the Mayor and board of Alderman of tte
City of Pensacola, shall have full power and authority to pass all
ordinances, not inconsistent with the laws of the United States,
or of this Territory, which they may deem necessary for the
preservation of the peace of said City, and generally to pro.
wide for the interior police and good government of the same.
Passed the House of Rep. 26th Feb. 1842.
Passed the Senate 1st March 184'2.
Approved 4th March, 1842.






'No. 29. An act to alter and change the time of holding the election for Rep
reaentaties in the Legislative Councir, from th: Counties of Franklin and
Calhoun.
WHEREAS, in consequence of the unh-althinss of the loca.
tion and the necessary absence of many of the citizens of the









counties bo Franklin and Calhoun, in this Territory, duringthe
mouthh in which ti. elf etion for Representatives to the Legisla.
tive Council of this Territory is now held, it is expedient to a'-
dopt some measures by which the said counties may be more fair-
ly rr-presented.
SECTION 1st. Be it therefore enacted by the Governor and Leg'
is7native Council of the Territory of Florida, That the election for
R, prosentatives tothe Legislative'Council ofthis Territory, from
th, said county of Franklin; shall hereafter be held on the se-
cond Monday in November, in each and every year, under the
rules and regulations heretofore prescribed by the sta~ttes rela-
ting to elections.
SECTION 2d. Be itfurther enacted, That the election for Rep-
resentative for the County of Calhoun, shall hereafter.be held
on the first Monday in May, in each and every year, under the
rules and regulations heretofore prescribed-by law.
Passed the House of Rep. 5th March, 1842.
Passed the Senate 5th March, 1842.
Approved 5th March, 1842.







No. 30. An act, to be entitled An act for the relief of the Widow:and or
phans of Fernando Lowe."
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That it shall be lawful for
the Judge of the County Court of Alachua County, upon appli-
cation of the administrator of the estate of Fernando Lowe,
late of said County, deceased, accompanied with a petition from
the widow, to grant permission to sell, so much of the real es:
tate of said deceased, as shall be necessary to pay all the lia-
bilities, reserving from sale, (as required by law,) the perisha-
ble property, for the use of the widow and orphans of said de-
ceased.
Passed the House of Representatives 4th March, 1842.
Passed the S-nate Feb. 1842.
Approved 5th March 1842.








No. 31. An act to organize and regulate the Militia of the Territory of'
Florida, and to repeal all former acts in relation to the same.
SECTION 1st Be it enacted by the Governor and Legislative
Council ofthe Territory of Florida, That every able bodied, tree Ever7 freemari
white male inhabitant of the Territory, between the age ofto be enroUled.
eighteen and forty five years, who has resided in the same,
four weeks in time of peace and ten days in time of war, shall
be enrolled and liable to perform militia duty, except Clergy-
men and such persons, as are exempted by the laws of the Exceptions.
United. States.
SECTION 2d. Be it further enacted, That the Militia shall be
organized, into two Brigades, thirteen Regimtnts, and twenty
six Battalions. The militia west of the Suwannee:River shall,
compose the first Brigade; and East of the said R.ver, the
second Brigade. The first regiment shall be composed of the Organization.
militia, in the Counties of Escambia and Santa Rosa, the S'c.
ond of Washington and Walton, the third of Franklin and Cal.
houn, the fourth of Jackson, the fifth of.Gadslen, the sixth of
Leon, the seventh of Jefferson, the eigth of Madison and Ham-
ilton, the ninth of Columbia, the tenth of Alachua and Hills-
borough the eleventh of Duval and Nassau, the twelfth of
St. John's and Leigh Read, and the thirteenth of Dade and
Monroe.
SECTION 3d. Be it further enacted, That it shall be the duty
of the Colonel of each regiment, to subdivide the same into two Regiments sub
Battalions by a line leaving.the proportion of men as nearly divide
equal on both sides as may be; and he shall communicate the
same to the Lieut. Colonel and Major, and shall assign to each.his
Battalion in writing,whose duty it shall be to subdivide their res.
pective Battalions, into Companies, leaving an' equal number Batalions into
of. men in, each company,. as near as may be; which subdivision companies,
they shall communicate to the Captains of said district for their
information in enrolling the men.
Sec. 4th., Be itfurther enacted, That the Governor and
commander.in chief of the Militia shall be entitled to the fol-
lowing staffofficers; an Adjuttant General and one Quarter taGovernor's
Master General, to rank as.Colonels, (who shall reside at the
seat of Government,) and four aids-de-camp, to rank as Lieut.
Colonels.'
SEc. 5th. Be it further enacted, That the Brigades respect-
ively, shall be officered by. one Brigadier General, assistant. A '1 Brigades how
jutant General, Brigade Inspector, Brigade Quarter Master, an, to be officered.
two aids de-camps, to rank as majors. The Regiments respect-
iely shall: be officered by a Colonel, Lieut. Colonel and Major.
The staffof each regiment shall consist of an Adjutant to
ralnk as Captain: a Quarter Mastor and Pay Master to rank as,
first Lieutenant, a Surgeon and assistant Surgeon, Snrgeant
Major, Quarter; Master Sergeant and Drum Major. The com-








tanies respectively shall be offleered by a (aptain, first and
second Lieutenants, four Sergeants, four Corporals, and a
drummer and fifer.
SECTION 6th. Be it further enacted, That the staffofficers of
every grade, shall be appointed by the respective commanders,
taff officers. exceptt the Brigade Inspector) who shall be appointed by the
how appointed. Executive, by and with the consent of the Legislative Council:
and shall be entitled to a salary of four hundred dollars to be
paid out of the Territorial Treasury. Captains of companies shall
appoint their non-commissioned officers by warrant, who shall
serve two years, or pay a fine of twenty dollars on refusing to
do so, unless they remove fromthe company.
SeCTroN 7th. Be it further enacted, That the' following
rules shall govern the Militia. 1st. Every commissioned offi.
s ove er before he enters upon the duties of his office, shall take an
the Militia. oath or affirmation, to support the Constitution of the United
States, and faithfully, and to the best of his abilities, execute
the duties enjoined by his commission, which oath or affirmation
shall be written on the back of the commission, signed by the
officer and attested by the person administering the same. 2d.
The drill exercise prescribed by the laws of the United
States for the government of the army-thereof shall be adopted
by the Militia of this Territory. 3d. The uniformof the officers
shall be similar to that ofthe armyofthe U. States, and that i 1
commissioned officers shall provide themselves with suitable u-
niform, within six months from the date of their commission. 4th.
In the equipment of a private, a musket, rifle, or shotgun shall
be indispensable. 5th. At each muster the roll shall be called,
and all delinquents reported to the proper officer. 6th. Brigade"
Regimental and Battalion orders, shall be givenin writing,acopy
of which must be kept by the proper officer. 7th. On tours of
duty a private may be represented by an able bodied substitute.
Tours of duty shall be limited to the period of six months but
volunteer corps may be made to serve for the whole time they
stipulated on when mustered into service. 8th. The militia
shall aid the civil authority on a written requisition of a civil
officer specifying the object. 9th. If sudden invasion or in.
surrection shall take place or be made, or threatened on any
portion of the Territory, the commanding officer of the miFtia
or any portion thereof adjacent thereto, shall be and he is hi 1 .
by authorized and enjoined to order out the militia under s
command to repel or suppress the same. At d' the troops t!, a
ordered into service shall be subject to, and governed by the
rules and articles of war, for the government of the United
States troops, and shall be entitled to all the pay and emolu-
ments of the same while so in service; and the said officer
shall forthwith report the same to his commanding officer, and
to the executive by express. l0th. No officer, non-corn-








,missioned officer, or private, shall be arrested by any civil pro0
Cess whilst attending any muster, court martial, or whilst om
active service, or whilst going to or returning therefrom ; and
any arrest or service of process, or execution on the person ad
such time is hereby declared falso imprisonment, except for
treason, felony, or breach of the peace, and all persons on,
such service as above named, shall!pass all bridges and ferries
tree of expense. 11th. The arms and various accoutrements'
kept by the militia, and used for militiaduty shall be exempt
from execution and civil process. 12th. Breaches of order,
insubordination, or disobedience to the militia laws on muster or
other duty, shall be taken notice of fbrthwith by the proper of
Acer; and the person or persons so offending, shall be arrested'
and reported to the commanding officer, who shall order a court
martial for his od'their trial, which court may fine them in any
sum not exceeding twenty dollars. 13th. That the Brigadier*
General shall on complaint made, and charges preferred a'
against any field, or staff officer, detail a g neral, court martial
naming the Judge advocate for the trial of such officer with as
little delay as practicable, 14th. That colonels of regiments;
and captainsof companies, shall respectively detail Regimental
and Garrison or company courts martial for the trial of offi-
cers in their respective commands, 15th. Any person or per-
sons wh'd"shall ly disorderly or riotous conduct, intercept the'
militia while on muster, court martial or other duty, shall be:
arrested by' the proper officer and turned over to the civil au-
thority to be fhued it a sum nt exceeding twenty dollars, at the
discretion of the court. 16th. In the proceedings of all courts'
martial, the voice of a majority of the membersashall be ne-'
cessary to substantiate a sentence' of guilty; and they shalf a-t
ward a punishment according to their estimation of the crimin-
alityof the accused. 17th. All persons against whom charges
shall be preferred, shall have due notice thereof either written
or printed; setting forth the specific accusation, and the names
of witnesses if any are necessary. All field officers and their
atAfr shall have twenty days notice, all other officers ten days'
nptied, and non-commissioned officers and privates, flre days
notice, exceptt offences on muster, in camp or other duty; when
thP proper officer' may arrest, and the commanding officer de-'
tail a court martial forthwith for their trial. 18th. In all courts
martfal the officer highest in rank, and senior in commission,
shall preside; and the junior shall be the recorder, and the
proceedings shall be certified by the president and recorder, and
transmitted tothe officer, ordering the court, which if approved
ball be considered final ff the same shall designate the pun-
ihment bfcashiering; but for fine only, the recorder shall
hlhd.t td theproper collecting officer, t9' collect the money.
19th. The prsid& tffltier of theeourtairrtial's~ati eaorni








by a member of the court to form his opinion to the best of hit
Understanding, and to render his judgment without partiality,
favor, or affection. And a similar oath shall be administered
by the president to each of the other members. Thepresident
or recorder, on swearing the witnesses, shall swear them to
qpeak the truth, the whole truth and nothing but the truth. And
the president shall have the power to issue subpoenas to compel
the attendance of witnesses, and to serve such summons by such
person as he may-appoint and designate. And sIid witnesses
shall give their attendance, or pay a fine of not more than fifty
dollars,.at the discretion of the court martial. 20th. All courts
martial convened for the trial of delinquents, shall be composed
of the following ratio .of commissioned officers, for the trial of
a Brigadier General, Colonel, Lieutenant Colonel, 7-Major,
not lees than five nor more than thirteen commissioned officers,
fpr the trial of Governor or Brigadier Generals staff, not less
than three, nor more than seven commissioned officers, for the.
trial of any other commissioned or staff officer, not less than
three; for the trial of non-commissioned officers and privates,
three commissioned officers. 21st. All officers detailed on
courts martial, shall give their attendance, or pay a fine not ex.
ceeding one hundred dollars, unless they satisfy the officer or.
during the same, that causes beyond his or their control pre.
vented their attendance, which cause shall be made known to
the officer, ordering the same, in time to detail another officer.
SECTION 8th. Be it further enacted, That it shall be the du.
ty of Brigadiers General, to order an election, to be held in
their respective Brigade districts to elect field officers for their
Brigade elee. Regiments, on the,scond Monday of July in the present year,
tions. notice of which shall be given at least thirty days previous to
said second Monday, in at least two newspapers in each dis-
trict. And it shall specify such persons as they may appoint,
who shall also have a written order to hold said election, or pay
a fine of fifty dollars each, and it shall be their duty to hold
said election, and make returns thereof, under such rules and
regulations as are prescribed for governing the election of civil
Qualifications officers of this Territory, and all men above the age of eigh-
' .-oters. teen, and under forty-five years, who reside within the said
regiment shall be entitled to vote, and the persons having the
greatest number df votp,.shall be the persons elected.
SECTION 9th. Be itjfawLer, geacted That if any regiment
W, e shall fail or refuse to organize :under the eighth section of this
~,nn fas to o"act by the Arst,daydf August next, then they shall be attached
gamae. to the nearest organized Regiment ip said Brigade, and shall
compose a part thereof, and perform militia duty. therein, and
any company who shall fail or refuse to organize when ordered
to do so, shall be attached to the nearest organized company"
and pfcrm, militia duty- apart o imaid company,








SectioN 10th. Be it further enacted, That if said Regiments
shall elect their field officers it shall be their duty to serve two
years or pay a fine of five hundred dollars each, unless in Of0 erstoyme
cases of removal therefrom. And it shall be the duty of the wo year.'
commanding officer of each Battallion when there are vacan. Where vacant.
cies in any company to order an election to fill the same, by ap. ciesoccur.
pointing two persons to hold said election, who shall make re-
turns thereof, under such rules and regulations as are prescri-
bed for governing the election of civil officers of this Territory,
and the persons appointed shall hold said election or paya fine of
twenty dollars each, and the person having the great.
est number of votes shall be elected, and shall serve two
years, or pay a fine to be imposed by a court martial, ex-
cept in case of removal from said company, which fine shall
not exceed one hundred dollars.
SECTroKi 11th. Be itfurther enacted, That it shall be the du- Notice of elee.
ty of persons holding the elections in the various company dis- tions.
'tricts to give ten days notice thereof, at three of the most pub.
lic places in said district.
SEcTION 12th. Be further enacted, That all military corn. C .
missions above the first sergeants (except staff officers) shall onmm8sion
emanate from the Governor and be countersigned by the Adju-
tant General.
SECTION 13th. Be it further enacted, That from and after
the passage of this act, the following rules and regulations shall Rules in filling
be observed in filling vacancies of the following named officers: vacancies.
1st. when any vacancy shall take place in the office of Colonel
it shall be the duty of the officer next in grade in said regiment
to order an election to be held at the several precincts in said
Regiment. 2d. When any vacancy shall take place in the of-
fice of any Lieutenant Colonel, it shall be the duty of the Col-
onel of the regiment in which such vacancy may happen, to
o'der an election to be held at the several precincts in the Battal.
ion in which such vacancy may happen. 3d. When any va-
cancy shall take place in the office of Major it shall be the du-
ty of the colonel, or in his absence, of the Lieutenant Colonel
of the regiment in which such vacancy may happen, to order
an election in like mar.ner, which said election shall be held and
conducted under the superintendance of three persons, to be ap-
pointed by the officer or officers ordering said election; and it
shall be the duty of the superintendents thus appointed after
being qualified to open the polls at such time and places as may
be directed, and it shall be their duty to open the polls and keep
them open from ten o'clock, A. M., until four o'clock P. M.-
Then the votes shall be counted, and a certificate made out,
stating the number of votes received by each person, and the
same shall be forwarded to the officer ordering the election,'
withi-ten days thereafter, and it shall be his duty to consoli-









date the returns .and forward a certificate naming the per.
son elected to the executive, who shall issue a commissions
Provided always, That should it any time happen that the office
of Colonel, Lieutenant Colonel and Major; in any regiment
should be vacant, then and in such case it shall be the duty of
any two captains in .said regiment to order an election which
shall be held and conducted in like manner. Provided also,
That twenty days notice by advertisement shall be given of the
time and place of holding any such elections.
SEcTION 14th. Be itfurther enacted, hat where any vacan-
h'"en acancies cy shall take place in captains, first or second Lieutenants, the
occr- in corn-senior officer in command of the regiment shall appoint, in a
di0es how 1-reasonable time thereafter, two fit and proper persons within
said company, to manage said election, who shall hold the polls
at the usual muster ground, from eleven A. M. till four P. M.
after having given ten days notice at two of the most public pla-
ces in said company district; and on the same evening the man-
agers shall count over the votes, and declare the person elected
in a certificate directed to the officer, ordering the same who
shall forward a certificate, naming the person elected to the ex-
ecutive within tei, days, who shall issue a commission thereon,
and that all officers commissioned under this act, shall hold the
same during good behaviour, and shall not be permitted to re-
sign in less than two years, unless they remove from the regi-
ment or company district.
SECTIOn 15th. Be it further enacted, That when any per-
son thus appointed to hold elections in the company districts,
rerse a refu-shall refuse or fail to do so, he or they so offending shall be fi-
ing to hold ped in a sum not exceeding twenty dollars, at the discretion of
-elections. the officer ordering said election and said fine shall be collected
by the proper officer.
SECTION 16th. Be itfurther enacted, That company musters
pany mu shall be held on the first Saturday in January, April, July and
October.
SECTION 17th. 'Be it further-enacted, That it shall be the
Regimental duty of the Brigadier General to order regimental musters
musters. once in each and every year, commencing on the first saturday
in October, giving thirty days notice thereof, and proceeding
with each regiment respectively, with as little delay as pos-
sible, and that it shall be the duty of the Brigade Inspector to
attPnd at the times and places designated to muster and In-
spect the troops of each regiment, and make return thereof
without delay to the Brigadier General: and it shall be the du-
ty of the Colonels, Lieutenant Colonels and Majors, to convene,
the commissioned and non-commissioned officers, on the Thurs-
days an', Pridays before each regimental muster, to be drilled
and taught the tactics.








Sacro 18th. Be itfuriher enacted, That when any regi-
mental muster shall be ordered, the commanding officer of the
same shall give twenty days notice; that when any Batalion Notice to be
Muster shall be ordered, it shall be the duty of the officer or- ters.
during the same to give ten days notice, that when any compa-
ny muster shall be ordered, it shall be the duty of the officer
ordering the same to give five days notice, except the regular
days of muster pointed out by this act, Provided nevertheless
that any of those officers may order out the militia under their
command at a minutes warning in cases of invasion or insur.
reaction.
SEcTION 19th. Be itfurther enacted, That it shall be the
duty of the Governor to arrest the Brigadier Generals for neglect elect o
of their duties as pointed out by this act, and to detail a Court
Martial for their trial.
SECTION 20th. Be it further enacted, That it shall be the
duty of the Brigadier General to see that each of his regiments
reorganized agreeably to this act, to see that the proper offi. Duty of Briga.
cers make theirmreturns, in due time to the Adjutant General, der GeneraL
through him as specified, and agreeably to form, and to arrest
such field officers for neglect, and to detail a court martial
forthwith, for their trial.
SzcTION 21st. Be itfurther enacted, That it shall be the du Colonel
ty of the colonel of each regiment to seethat every company is du-
ly organized, and that the Captains and Adjutants make their re-
turns indue time agreeably to form to the proper officer and to
arrest such officers for neglect, and to detail a court martial
forthwith for their trial, and it shall be the duty of each Cap.
tain to see that his company is duly organized and to arrest
such officers and privates, as shall neglect their duty and de-
tail a court martial for their trial.
SECTION 22d. Be itfurther enacted, That it shall be the du--
ty of the Adjutant of each regiment, to keep a book in which
the names of all the Captains and Lieutenants shall be regis- Adjutant,
tered for each company, the eldest company shall be known as'
company A: the second as company .B: and he shall make his.
return in due time agreeable to form and report such Captainst
as fail to make their returns in due time.
SEtzo 23d. Be it further enacted, That the returns of Rt to be
strength and equipment shall be made by Captains of compa.ma
nies respectively agreeably to form, in five days after the com.
pany muster on the first Saturday of January of every year,
and they shall transmit them to the Adjutant forthwith, who
shall within ten days after the receipt of the same make his re-
turn agreeably to farm and forthwith transmit it to the assistant
Adjutant General, who.shall within ten: days after the receipt
Ihereof, make his. return agreeably to form and transmit it to
be ,Bigadier General, and if he shall approve the same, he








,hall countersign it, and within five days transmit it tothe Ad.
jutant General, who shall on or before the fifteenth day of Octo.
her amalgamate the Brigadiers returns agreeably to form furnish.
ed, and transmit it to the Adjutant General of the United
States.
SSacToKW 24th. Be it further enacted, That if any of the
In ease of ref. Brigade staffer field officers shall refuse to carry into effect
'am of officers. any of the duties assigned to them, they shall be fined in a' sum
not exceeding three hundred dollars, or be cashiered at the dis-
cretion of the court martial, and if any Captain, Lieutenant or
other commissioned officer, shall refuse or neglect to execute
any of the duties assigned him, -be shall pay a fine not exceed.
ing one hundred dollars or be cashiered at the discretion of a
court martial and if any commissioned officer refuse or neg.
lect to perform the duties assigned him in this act, he shall pay
a fine of not more than twenty dollars, at.the discretion ofa
court martial, and if any private shall refuse or neglect to at-
tend a company muster he shall be fined in the sum of two
dollars, for failing to attend a battalion muster he shall be fined
in the sum of five dollars and for failing to attend a regimental
muster the sum of ten dollars.
SECTION 25th. Be it further enacted, That the Adjutants of
each regiment; shall collect all fines assessed in regimental
Pines hdw eol. courts martial, on an order from the President of such courts
Jeoted. containing a particular account of the amount of all fines,
how and when incurred and the names of the persons against
whom the same are assessed: and shall give bonds with suffil
cient security to Colonels that they will faithfully pay over all
fines collected by them to the paymaster of their respective
regiments taking duplicate receipt therefore, one of which re.
ceipts he shall transmit to the Brigadier General: and the
Adjutants are authorized and hereby required under the pen.
alty of twenty dollars to'call on every delinquent ,named in:
said Warrant or in a schedule or list to the warrant annexed and
to demand payment for said fine or fines, and ca refusal mt
make payment for said fine or fines on demand thereof, the
Adjutant having the aforesaid warrant shall proceed -tocollect
said fine or fines and shall be entitled to such costs as are rea
ceived by sheriffs on executions besides ten par-centm~u on the
amount collected.
SELorNr 26th. Be itfurther enacted, That the rderly ser-
Pins in eom.geantof each company shall collect all fines assessed in comn
nprl. courtpany courts martial on an order from the President of such
courts containing a particular account of the amount of all
fines, how and when incurred, and the names of the persons
against whom they are assessed, and shall give bond with suffi-
cien security to their Captains, that they will faithfully pay
over all fines collected by them to the paymaster of their Ngi.








ment,"taking his duplicate receipts therefore, one of which receipts
he shall transmit to the Colonel of his regiment; and he is
hereby bound under the same penalty of the Adjutant to make
collections, and is to collect inthe same manner, and shall re.
ceive for his services the same compensation as is allowed to the
Adj utants of Regiments.
SECTIoN 27th. Be itfurther enacted, That the paymaster of
each regiment shall give bond and security to the Colonel or Paymaster to
commanding officer in such sum as he may deem give bond.
sufficient, to pay over to the field officers of said regi-
ment all the monies he may collect, when a majority thereof
shall give a written order therefore, signed officially, reserving
to himself five per-cent, for collecting and paying out, and it
shall be the duty of said paymaster to report quarterly to the
Colonel agreeably to form furnished, the amount of monies on
hand, under a penalty of not more than twenty dollars for each
offence to be assessed by a court martial.
SECTION 28th. Be it further enacted, That all monies paid Monies in the
into the hands of paymasters shall remain there, as a military hands of pay-
fund for the various regiments, until a majority of the master..
field officers of each regiment shall agree to dispose of the
same for the purpose of purchasing Colours, Arms and other
military accoutrements, for the regiments, distributing the
same as equally as Justice may require among the compa-
nies.
SBETION 29th. Be it further enacted, That all officers not
specially mentioned in this act, shall perform their duties, res-
pectively agreably to the regulations of the army of the Uni.
fed States.
SECTIoN 80th. Be itifurther enacted, That orders, or war,
rants issued by any senior officer, or president of any courts
martial ordered o0 detailed in pursuance of this act for the
collection of any fine or penalty imposed by this act shall have
the force and effect of an execution in law.
SECTIoN 31st. Beitfurther enacted, That the right of ap.
peal shall be allowed to any person against whom any Rigbt appeal
fine may be imposed by any company or battalion court mar-
tial to the next regimental court martial, upon entering into
bond and security for the eventual' payment of said fine, Pro-
vided the same should not be remitted.
SsCTIrO 32d. Be it further enacted, That all laws which
have been in free in relation to the Militia of this Territory,
be, and the same are hereby repealed from and after the filrr
day of July next.
Passed the Senate, Feb. 9th, 1842.
idased the House of Rep. Feb. 28d, 1842.
Apived4th Mos 184s.









No. 32. An act to prevent the future migration of free Negroes or Mulat.
toes to this Territory, and for other purposes.
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territoryof Florida, That from and after the
ee Ne passage of this act, free negroesand free mulattoes of all ages
and Mulats and sexes, except those who were in this Territory before the
required ta have cession of the Territory of, Florid to the United States; shall
a guardian. be required to have guardian, who may be selected by the
free negro, or free mulatto. And in cases ,of minors or free
negro children, or free mulatto children, it shall be law-
ful for the father or mother as the case may be, to choose a
guardian for the same, and in all cases whatever, the person
chosen or guardian, shall go before the Judgeof theCoun-
ty Court, to be approved of by said Judge as a proper and dis-
creet person, and it shall be the duty of the Judge of the Coun-
ty Court to give a certificate under seal to the person so chosen
as guardian, for which he shall receive as his fee the sum of one
dollar for each and every certificate so given.
SECTION 2d. Be it further enacted, That all free negroes or
free mulatoes, whq have come or have been brought into this
Tax. Territory since the cession of this Territory to the U. States;
shall pay a capitation tax of one dollar per annum, and in case
of refusing so to do, it shall be the duty of the Sheriff of the.
County, where such defaulter or defaulters live, to seize upon
his, her, or their bodies, and give ten days notice, and sell at
public auction, such defaulter -or defaulters, to the person who
bids the shortest time, so as to pay the taxes due for that pur.
pose.
SECTION 3d. Be it further enacted, That all free negroes or
Free Negroes free mulattoes, who have come, or have been brought into this
or Mulatoes Territory since the tenth of February, one thousand eight hun.
who have been dred and thirty two, shall be sent out of this Territory forth-
blought into the with, and the Sheriff shall receive for each and every one that
183 y aince he carries beyond the limits of this Territory, the sum of ten
dollars and mileage at the same rate allowed in other cases for
In what easetravelling, and incase of any free negro or free mulatto re-
sold, fusing to leave this Territory, on or. before the firstAday of Octo.
ber, one thousand eight hundred and:forty two, under this act it
shall be lawful for the Sheriff of the County in which said free
negro,or free mulattoresides,to take him or them intohis custody,
and lodge him, herorthem as the casemay be,in thejail in said
County, and if no jail to keep him, her or them under his guard,
summoned for that purpose, and give len days, and at the expia,
ration of ten days notice the said sheriff shall proceed to sell at
the Court House in-said County, 'to the highest bidder for cash,
the said free pegro or free mulatto for ninety-nine years, and
give a bill of sale to the purchaser for.thesatne, one-fourth of
the proceeds to go to the Sheriff for his expense and trouble;









.the remaining three fourths, to be paid by that officer over to
the County Treasurer for county purposes, and his receipt fot
the same shall be a proper voucher. That any free negro, or
free mulatto who shall have been sent out of the Territory, Free negroes
shall not return to this Territory as aforesaid. And in case he, ntaway not
she or they as the case may be, do return, he, she or they shall .
be liable to be taken up by the Sheriff and lodged in the jail of Liable to b
said County, or carried before the Judge of the County Court, sold
or a Justice of the Peace, and upon satisfactory evidence of the
fact being produced before the Judge of the County Court, or
Justice of' the Peace, as the case may be, the Judge of the Couni
ty Court or Justice of the peace, shall grant an order authority
zing the Sheriff to give three days notice, to be publicly given
by placing an advertisement upon the Court House door, and at
two other public places in said County, and when the time shall
have expired, the said Sheriff shall proceed to sell for cash to
the highest bidder, and give bill of sale for ninety nine years,
SbECrton 4th. Be itfurther enacted, That it shall be the duty
of each and every Sheriff in this Territory to give notice by
four publication in the nearest newspaper, and to place upon Notice to be
the Court House door, notice, and at two more public places in i
their county, at least thirty days beforethe 1st of October, one
thousand eight hundred and forty two, notifying 'rll free ne-
groes and free mulattoes who have come into this Territory
since the tenth day of February, one thousand eight hundred
and thirty two, to depart without the limits of the same by or
before the first day of October, one thousand eight hundred and
forty-two, and in case any Sheriff shall fail to comply with the
provisions of this act, he shall be liable to pay one hundred dol-
lars, and to be imprisoned not exceeding six months at the dis-
cretion of the Judge of the County Court.
SECTION 5th. Be it further enacted, That there shall be no
appeal granted from the decision of any Judge of the County Right ofappea.
Court or Justice of the Peace, under this act except as to thA
tact whether the defendant be a free negro or a fiee mdlatto' or
not, and whether he, she, or they, have come here since the
tenth day of February, one thousand eight hundred and thirty
two, and the facts being ascertained by any Judge of the Supe.
r or Court, that such free negro or free' mulatto, is guilty of
the above violation, it shall be the duty of said Judge to order
the judgment of the Judge of the'County Court, or Justice of
the Peace, as the case may be, to be executed forthwith.
SECTIoN.6th. Be it further enacted, That all guardians of
free negroes or free mulattoes, shall have the same privilege RightsofGuar.
over each and every of such free negrures or free mulattoes as dians.
masters,-except the right of property in every other respect,
the same laws regulating theoonduet anedpmislihmint of slaves
stall apply to each and every tree negro .Jr free mulatto.-









Guardiians shall not allow any person to trade with any free ne..
gro or fre mulatto either buying from, or selling to him. her,
or them as the case may be, .under the same penalty that gov.
erns the trading with slaves; and free negroes and free mulat-
toes are to be placed on the same footing, governed by the same
D .uty of her- laws and restrictions as slaves, except the right of property.-
it shall be the duty of the Sheriffs in this Territory, to put the
provisions ofthis act in force. All Judges of the County
Courts, Justices of the Peace and Mayors of cities, shall be
competent to enforce this law ; and shall not refuse to issue pro.
per precepts to the Sheriff, commanding him to *ring up for
trial any free negroor free mulatto, forthwith, on being applied
to by any citizen, and in case any Judge cf the County Court,
Justice of the Peace or Mayor of any incorporated city, shall
refuse to act on complaint by any citizen, such Judge, Justice,
or Mayor, shall be brought before the Judge of the Superior
Court, and punished for malfeasance in office, as in other simi-
lar cases, and not eligible to hold a commission under the Ter-
ritorial Government.
SECTION 7th. Be it further enacted, That if any master of
any vessel shall, after the passage of this act, bring any free
WMasters of Tes. nrgro or free mulatto within the limits of this Territory, and
scl bringing suffer the said free negro or tree mulatto to go on shore from
ree negroes. aid vessel; it shall be the duty of the Sheriff in the county
where such vessel may land, to seize upon the body of each and
every such free negro or free mulatto, and lodge the same in
the jail in said county.
SecTIoN8th. And be it further enacted, That the vessel shall
Vesels bound in all instances, be bound for the payment of one dollar per day
for jail fees. costs forjail fees. The said free negro or Iree mulatto, to re.
main in jail until all costs are paid, and then to be compelled
.t., lave.-the Territory of Florida forthwith.
And, in ease such free negro or free mulatto is not taken out
of jail in ten days, and all costs paid, it shall be the duty of the
Sheriff to take said free negro or free mulatto out of said jail.
Slavesliable forafter giving three days public notice, and carry him, her, or
cost. tlh+m, as the case may be, before the Court House door, and sell
for ninety-nine years, to the highest bidder for cash, and give a
bill of sale for the same, one fourth to be given to the Sheriff,
the remainder to be paid over to the county Treasurer for coun-
ty purposes.
SECTION 9th. Be it further enacted, That all former acts in
relation to free negros and free mulattos, are hereby repealc4
from and after the passage of this act.
Passed thf Senate January 31st 1842.
Passed thel Houl r of. R-p. F.-bruary 15th 1842.
Approved 5th March 1842,








No. S3. An Act concerning Roads, Highways, and Ferries.
SECTION Ist. Be it enacted by the Governor and Legislative
Councilof the Territory of Florida, That all the roads in the
several counties of this Territory, that have been laid out ac.
cording to law, shall be, and they are hereby respectively de.
elared tobe public roads; and the county courts in the several
counties of this Territory, now established, or hereafter to b- Co nty ourts
established, shall have full power and authority, on application
to order the laying out of any public road or roads, throughout
their county, when the same shall by them be deemed necessa.
ry, and to discontinue such public roads, as now are or shall
hereafter be found useless, burdensome, and inconvenient; and
to alter the roads now or hereafter to be established, as often as
occasion shall require.
SECTiON 2d. Be itfurther enacted, That the width of all
public roads shall be thirty feet; and the overseers of th Overs -r may
roads shall have authority to appropriate any stone or wood take mI eals.
most convenient and adjacent thereto, to the building or repair-
ing of the same: Provided, That no wanton or unnecessary
trespase shall be committed upon the private property of any
Citizen.
SECTIea 3d. Be it further enacted, That whenever a petition
shall be presented to the county court, signed by twelve or more'
householders, inhabitants of the county, praying for the estab-
lishment of a publicroad from a certain place therein specified : New roads how
if the said signers to the said petition shall be residents in th laid out.
neighborhood of' the road prayed fbr in the said petition, it shall
be the duty of such court thereupon, if the petition shall appear
reasonable, to appoint not less than three, nor more than five
commissioners; any three of whom shall have powerto act;
which said commissioners shall be householders, residents in
the said county, and the said commissioners shall respectively
take an oath before any Justice of the Peace for said county;
to view and mark out the said proposed road, the nearest and
most practicable route, and to the greatest ease and convenience
of the inhabitants, and, as little as may be, the prejudice of any
person or persons. And it shall be the duty of said commis.
sioners-to proceed as soon as may be convenient, to lay out said
road, and-make return thereof, under their hands to the next
county court, noting thereon the distance and courses, as near
as practicable, of such proposed road, which return so made
shall be filed in the office of: the clerk of the county court.
SEcToN 4th. Be itfurther enacted, That when any private Nhborhood
or neighborhood road shall be desired by any person or persons, Roads.
the same measures shall be taken to establish the same, as are
directed in the case of public roads.
SSECTIol 5th. Be it further enacted, That each and every
commissioner appointed to view or mark out any public road or









highway in this Territory, shall as a full compensation for his
services, be exempted from working on the public roads, on.his
or their respective divisions or road divisions, so many days as
he or they were actually engaged in viewing and laying out
said road.
BecTION 6th. Be itfurther enacted, That when the roads
W+en i so laid out shall pass through the lands of any person or per-
pss trugh soins, i ho shall object to, or consider themselves aggrieved by
the lands of in. the shme,it shall be the duty of said court to issue their pre-
dividuals. cept, directed to the Sheriff, Coroner, or constable (as the case
ihay be)ordering him to summon a jury of twelve House-
holders in said county, and to proceed to the ground through
which said objection has been .made to the passage of said read
and upon actual view, and upon oath to enquire and certify to
dsid'court what damages, if any, and hbw much, in their opin-
ion accrued to the owner or owners of such ground by the pas-
sage of the road through the same, and the Sheriff or ,other of.
Commissioners ficershall Teturn the inquisition by him so made, signed by all
tbe appointed. thejury, to the next court, after the same was taken, and itshall
be the duty of thesaid court to order the damages so assessed
to be paid out of the county treasury. Provided nevertheless,
When it shall appear to thecourt that the damages so assessed
transcend the utility of that part of said road, such court shall
order the same to be altered in such manner as to do such per-
sons the least possible injury, unless the persons socomplaining
or objecting, shall agree to accept such compensation as shall
be deemed by the said court, just and reasonable : And provided
also, That nothing shall be allowed to any person or persons
when such road passes through their unimproved lands: And
provided further, That if no objection is made, and sufficient
Unimproved reason shown tothe said court during the said term to'which the
lands, return of said commissioners shall have been made,,why the
proposed road so designated as aforesaid, shall not be allowed
and established, the said couri shall declare the said road, so
designated to be a public road and highway, and so to remain
until altered by authority of law.
SECTION 7th. Be it further enacted, That it shall be the du-
ty of the county court in each county, at their first term after
the passage of this act, and annually thereafter, to lay off the
roals in their several counties into road districts of conve.
Commissioners nient length,-and appoint three fit and proper persons in each
a" rocds how road district, one of whom shall be a justice of the peace, as
appointed, commissioners of roads and bridges, who shall take an oath be-
fore said court, or some justice of the peace, faithfully to dis-
charge theirduties, as such : Provded however, That should any
county court fail to make such appointment at the time above
d'rccted, they shall as soon thereafter as practicable proceed to
do the same.








SECTroN 8th. Be it further enacted, That it shall be the du.
ty of said commissioners to lay off the roads in their respective
districts, into road divisions of convenient length, and apportion Overseem of
the hands liable to work on the same, and appoint a fit and pro- roods.
per person as overseer, to work on each of said road divisions.
SECTION 9th. Be it further enacted, That all, able-bodied free
white males between the ages of sixteen and forty-five years,
residtn:s of any county of this Territory, for twenty days, and Who are liable
all able-bodied maleslaves, free negroes and free mulattoes, be. to work on
tween the ages of fifteen and fif'y years, residents as aforesaid, r>ada.
shall be liable and subject to work on the public roads and
highwaysin such counties: Provided however, That all regu.
larly licenced and ordained ministers of the Gospel, all Tea-
chers of Seminaries of learning, Post Masters, Millers, Ferry- Exempt,
men, Lighthouse keepers, pilots and their cr.ws, shall be ex-
empt from working on public roads in this Territory.
SECTION 10th. Be it further enacted, That all commission.
era and overseers so appointed, shall serve for one year, or un-
til others are appointed, and they, or one hand for each of them Commissioners
if they are not liable to road duty themselves, shall be exemptto serve one
from any other road duty for the time being, and shall receive year.
no other compensation for their services. And every overseer
so appointed, who shall refuse or neglect to do his duty as di.
rented in this act,-shall forfeit for every such offence, not less
than twenty five dollars, to be recovered by warrant before a
justice of the peace.
SEcTroM 1t1th. Be it further enacted, That every hand lia.
ble by law to work upon the public roads and highways, who
shall not appear on said road, or who, when he shall appear, Fine,
shall refuseor neglect to do the duties legally required of him
by the overseer, shall forfeit and pay for such neglect no less
than two, nor.more than five dollars, at the discretion of the
justice of the p ace.
SEcTION 12th. Be it furtherenaced, That the overseers of
the road, shall have power to appoint a person to summons the,
hands to work on the road, whose duty it shall be to serve th. Notice to .b^
'party in person, or leave notice in writing at their notoriousaerved,
place of abode, at leastthre days previousto the tinmeappoint.
ed'for working on the road.
SECTION 13th. Be it further enacted, That the several com-
missioners for each district, or a majority of thenrshall -meet- commisisners
atthe place of holding courts in their districts on the firstSt .*tjmeet.
u:'day in April, and on the first Saturday inevery-third month
thereafter; and in conjunction with:a justice of the peace, to
form a board of commissioners, to hear and determine all mat-
ters in relation to the roads, and to determine on the cases of
delinquenciesof the overseer or hands. And in all eases in
whieba t f&iwJ~ a aiBalllL IwimpA dbye h tt ,.the said ,asaive









of thp peace shall have full power to issue execution for the pur-
rpo, of n forcing the collection thereof, returnable to the nr.xt
iEtiu n sittii, e of the board of commissioners, and place the same in
T.-> < vild bythe hands of any constable of the county for collection. And
constables it is hereby made the duty of the constables of the justice's dis.
tricts of this Territory, toobey and proceed in the same, under
the same rules which govern executions issuing from justice's
courts, paying over the amount collected by them to the corn
missioners at their next regular sitting. And if the said con.
'stables, or any, or either of them, shall refuse or neglect to
pay over the same as above required, or make returns of their
acting on said executions, without reasonable excuse, to be
judged of by the justice of the peace, they shall beliable to be
ruled therefore, for contempt, or the justice of the peace shall
have power to issue executions 'immediately against the con.
stable and his securities for the amount for which he may be in
default, as they may consider most for the public good: Provi.
ded however, That should the commissioners fail to meet at the
times above directed, they shall, as soon thereafter as practice.
ble, proceed to do the same.
SECTION 14th. Be it further enacted, That whenever the
an neglect of said commissioners, or any of them, shall omit, neglect or re-
duy. fuse to comply with any of the duties required of them by this
act, they shall forfeit and pay a sum not less than fifty dollars
each, upon complaint made by any person or persons being in
the county, to thejudge of the Superior or County Courts, or by
presentment of tht Grand Jury; or when it shall come within
the knowledge of said Judge, the said court shall have power,
by rule of ten days notice of said complaint being given to
said commissioners in default, to enforce the collection of said
fne at the cost of the defaulter, and at the cost of the informer,
should it appear to the court that the information is frivolous,
malicious, or groundless.
SECTION 1ith: Be it further enacted, That it shall be the
duty of the overseers of the several roads to make a return of
DfalteMtojbethe several defaulters on their roads to one of the commission-
returned.' ers of their respective districts, at least ten days before their
regular sittings'thereafter; and five days before the sitting of
the commissioners, shall either himself, or by some person du-
ly authorized by him, give notice to those who may be defail-
i ters, requiring them to appear before said commissioners; ':nd
shew cause, if any they have, why they should no. be
fined; and if the person appointed to give such notice shall be
liable to work on the road he shall be exempt from road duty as
many days as he may be actually employed in warning hands
and giving notice to defaulters.
SE"TrON' 6th. Be if further enacted, That the commission.
ers shall be liable to the courts afore mentioned for the keeping









in good orderthe several public roadsof their district, and shall C
be liiit as by this act prescribed fbr i;on-ato iiid au ::is, d mm- i;.r 'e
ty ; and overseers of roads shall be responsible f r the like d bip f'ir-he' god
fault in their duties, and may be fined by justice of the peace order of roads.
at ihe instance of the commissioners ther-rLs.
SECTION 17th. Be it further enacted. That the overseers
shall be, and they are hereby authorized to commute personal personal labot
labor for waggons and teams or other necessa,'y implements or may be coin.
the repair of roads and bridges, oirfor money at the rate of one muted.
dollar per day for every day's labor, which shall be expended
by the said overseer on the roads and bridges, by hiring other
labourers.
SECTION 18th. Be it further enacted, That when any per- Obstrcting
son shall hereafter make any fence, or cut any tree, or make roa, s
any other obstructions, inor across anypublic road ; unless re-
moved within one. day,,such person shall for every such off nee
pay a fine not exceeding twenty dollars; to, be recovered by a
warrant before a justiQe of the peace; tobe applied as herein.
after to be directed. And it shall be the duty of the overse:ias
of the roads forthwith to cause the said obstructions to be re-
mov d., I B I fu, e
IFEuTion 19th. Be it further enacted, That road' duty which
hereafter may be required of the citizens of this.,Territoey,
shall not exceed four working days at one time, or eight days
in the year: Provide however, That if atvany time there be
trees or other obstructions blown across any public road in this Road
Territory, or from excessive rain, some bridge or cause-way be
washed away, the overseer of said road, be authorized, and be
is hereby required, as soon as may be expedient, to .all out a
sufficient number of the road hands most convenient, and pro,
ceed to remove or repair the saidi obstructions;, and. he shall at
th, next general road working, exempt the said hands as many
days as they were actually engaged in making said repair or
zewoving said obstruction.
SECTION 20th. Be itfurther enacted, That it shall be the do.
ty of the clerk of the County Court to notify the commission-
ers of their appointment, and of the number and extent of their
district., ,
SECTIoN 21st. Be it further enacted, That all fines which
may be collected pursuant'ro the foregoing sections of this act Finee how ap.
shall be appropriated by the commissioners, to the exclusive ime propriated
provement of the roads, highways, and bridges, within the said
xoad district, in which said fines shall have been incurred.
SECTION 22d. Be it further enacted, That it shall be the du.
ty of each and every overseer of the public roads as aforesaid, Roads signs.
to put up road signs or directions painted on boards, with capi'aL
let rrs, and-s4fely secured on posts or trees, and tt' evryv oon.
sBpiouqafork of such public roads wig hisroad divio~avs d









such overseer shall receive for each road sign so put up, not
exceeding one dollar.
SECTION 23d. Be it further enacted, That if any person
shall knock down, remove, or deface any road sign board or
post, or mile post, on being thereof duly convicted before any
P nalty for re. court, having cognizance of the same: shall, if a white person,
mu ng road be fined in a sum not less than ten, not more than fifty dollars,
signs. at the discretion of the court. One half to the use of the
county, and the other half to the informer. And if a slave or
a free person of color, shall receive twenty nine lashes on the
bare back, at the discretion of any court, having cognizance of
the matter, unless the owner or guardian see fit to pay the fine
and costs.
SECTION 24th. Be t further enacted, That the several Coun-
ty Courts of this Territory, be, and they are hereby vested
Ferries and with the power of establishing ferries and bridges within the
bridges. limits of their jurisdiction respectively; and of granting and
revoking the privileges of keeping the same at such places, and
to such persons, and on such conditions as to the courts res
pectively -may seem expedient and not inconsistent -with the
laws of the Territory ; and the said courts are hereby empow.
ered to extend the privileges aforesaid for a period of time not
exceeding five years, at the discretion of the court extending the
same.
SECTION 95th.' Be itfarther nactetd, That ho person shall
keep a ferry in this Territov, so as to demand or receive pay,
Ferries tobe li. without a special license, first had and obtained from the county
cenced. court of the county where such ferry may be; and the said
courts are hereby empowered, on tho payment of such sum as
the said court shall deem reasonable, not lessthan two and not
exceeding twenty dollars for the use of the county, to grant li-
Fate tobe sta. cense to each and every person applying who shall be judged
ted, suitable for such service-by said court, fo the term of one year
from the time of giving such license to keep a ferry at 'such
place as thesaid court shall jedgemost proper. And the court
shall state the fare and ferriage teach ferry for passengers,
horses, and other creatures, -carriages, waggos. cart teams,
and other things transported, always having regard to the
breadth and situation of the streatt, and the publicity of
the ferry: And provided always, That every person having
Bond to be giv applied for license, as aforesaid, shall before the same shall be
en. granted. give bond with one or more sufficient securities to the
clerk of the County Court of the county wherein each frrry
may be, and his saccossors, in office, in such sum as the said
court shall order, conditioned for the faithful performance ofthe
duwie: o' his station.
SE 'TI-N 2(th. Be it Uf*th-r enactc1, T ,t any pr o' li.
orased to keop a ferry, shall on being tendered his lawful corm.









pensation, refuse or neglect without a reasonable and lawful
cause to cross any person, his horse, cattle, carriage, brutes or
property, in a convenient time after such application, such fer. Ferrymen refu.
ryman shall for every such delay of thirty minutes, forfeit and sih8 be fnd.
pay a sum not less than two, nor more than twenty dollars to
the person injured, to be recovered with costs of suit, before
any justice of the pace in the county in which said ferry is
kept.
SECTIon 27th. Be further enacted, That the militia of said
Territory when actually going to or returning from musters,
or other militia services, be, and they are hereby exempt from
paying toll at any of the ferries and bridges in this Territory.
SECTION 28th. Be it further enacted, That clergymen and Mlitiaadel
gymon to pas
preachers of the Gospel shall likewise be exempt from paying fee.
toll at the said ferries and bridges. And that any keeper of a
ferry or bridge who shall refuse to pass over, without hindrance
the description of persons, or any of them, shall be fined in a
sum not exceeding five dollars, to be recovered before the mag.
istrate next adjoining the ferry or bridge at which such refusal
or hindrance -may take place --and one half, of suci fine shalU
be appropriated to the use of the county in which such magis-
trate shall have jurisdiction, and the other half to the person
presenting the same.
SECTION 29th.. Be it further enacted, That i:t shall be the
duty of all overseers of roads, in this Territory, to require of
each individual at the time he notifies said individual to work Lists of hands
on the road in their respective road districts, to make out a writ- to be made.
ten list of all the hands under his or her control, both of bond
and free, who are subject to work on said road, specifying the
name and age of each hand so returned,,which list shall be
sworn to, and subscribed before the overseer or some justice of
the peace.
SECTION 30th. Be it.further enacted. That in case any per.
son or persons shall refuse to make out, and hand river to the
overseer, a list of his or her hands as provided for in the for6e r case o refu-
goingsection; it shall tlerrbe the duty.oT the overseer to make sal.
out as; correct a list of the hands belongingto( suh.delinqdent,
or delinquents, as the' nature of ihe case will admit.of; which
list shall be deemed to be correct, iuless the delinquent party or
parties shall prove by competent witnesses that the list made
out by the overseer is incorrect.
SscInon 31st. Be it further enacted, That it shall be the Lists to be re-
duty of overseers of roads to return all such listato the com-turned.
missionersof roads in their respeciv districts, at the time they
make their returns. as heretof hre providtri fbr by laiv.
SECTION 32d..' Biit farttracted:T itAt it shall be the du- To be entered,
ty of the commissioners in each road district in this Territory, inabook.
to keep a book in which they shall correctly enter all the lists









handed over to them by the overseers, and also all their own
proceedings while: acting as a board of commissioners.
SECTION 33d. Be it further enacted, That all laws, and,
parts of laws, in-relation to public roads and highways, in force.
at and before the passage of this act, excep t the act author.
izing a road tax m the county of Escanbia, be, and the same
are hereby repealed.
Passed the House of Rep. February 16th 1842.
Passed the Senate 16th February 1842.
Approved 5th March 1842.








)ro.34.-.An Act to authorize Cyprian T. Jenkins to establish a Ferry on the
Withiacoochee River.
SECTION 1st. Be it enacted by the Governor and Legislative-
Council of the Territory of Florida, That Cyprian T. Jeikins,
be and he is hereby authorized, to establish, and charged with
the duty of keeping a ferry at his residence on the Withlacoo.
chee River, on fractional lot No. Four in section No. Twenty,
Township No. One of range Eleven. for and during the term of
ten years from the passage of this act. -
SECTION 2d. Be itfurther enacted, That the said Cyprian T.
Jenkins, his heirs and assigns, shall at all times keep a good
and sufficient flat, or ferry boat, at said ferry to cross loaded
waggons and teams, and he or they shall receive such rates of
ferriage as may be established from time to time by the county
Court of Madison County, and.be subject to the orders of said
Court.
SECTIO 3dd. Be itfurther enacted, That if the said Cyprian
T. Jenkins, shall fail to establish said ferry, within six months
from the passage of this act, then the right and privilege gran-
ted by this act, are to be void.
SEaTION 4th Be it further enacted, That it shall not be lawful
for any other person or persons to establish a ferry within five
miles of the said location unless for his or their own use, and
hot for taking toll.
Passed the Senate, 4th March, 1842.
Passed the House of Rep. 5th March, 1842.
Approved, 5th March, 1842.








No. 35. An Act prescribing the manner of cancelling the Faith Bonds
and Guarantees.
SECTION 1st. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That all laws of the Ter-
ritory of Florida or guarantees of Bank Bonds or certificates
of said Territory, which have comb or may hereafter come,
into the possession of the Executive of this Territory, shall be
cancelled by drawing lines across the face of the same, and
signing the name of the Governor or acting Governor, and
Secretary of the Territory, if not acting Governor, and by
cutting off the seals therefrom, and a record of such cancella.
tion shall be made, and the papers so cancelled, be filed away
in the Executive office.
SECTIoN 2d. Be it further enacted, That no Governor of
this Territory, shall hereafter sign, seal or deliver, any Bond
obligation or guarantee of the Territory, or purporting to bind
this Territory, to any Bank or other corporation whatsoever,
any law to the contrary notwithstanding, and if any Governor
shall so sign seal and deliver, any such bond, obligation or
guarantee so made and delivered, the same shall be absolutely
null and void.
Passed the House of Rep. March 4th 1842.
Passed the Senate March 4th 1842.
Reconsidered and passed by the requisite majority-Yeas 8.-.-
Nays 0.
The Governor's Veto Message was received and read-after
which the following vote was taken.
Vote of the House of Representatives 5th March 1842.
Yeas: Mr. Speaker, Messrs. Arnow, Battle, Blackburn,
Dancy, Dell, Ernest, Haddock, Kelly, Lancaster, Lewis, Long,
Malone, M'Kinnon, M'Raeney, Pent, Steele, Stephens, Tabot,
Taylor and Westcott:-21.
Yeas-21. Nays-0.








No, 36. An act to provide for the compensation of the officers of the Leg
islative Council for the Session of 1842, a, d for other purposes.
SECTIoN 1st. Be it enacted by the Governor and Legislative
Councilof the Territory of Florida, That the following sums be
and they are hereby appropriated out of the amount al'cwed by
the United States for the -xprens .if the Legislative Council.
and expenditures of the year 1842.









To James S. Robinson Secretary of the Seiate Six hundred
and fifty dollars.
To John W. Poindexter clerk for the Senate, four hundred
"and fifty dollars.
To George W. Smith, Daniel G. Gunn and David E. Both-
well engrossing.and enrolling Clerks, for the Senate each four
hundred and fifty dollars.
.To Alfred A. Fisher Sergeant at arms, and James Barry
Door Keeper, of the Senate, each four hundred and fifty dol.
lars.
To Hugh Archer Chief Clerk of the House of Representa-
tatives six hundred and fifty dollars.
To Marianna Pappy Reading and assisting Clerk to the
House of Representatives four hundred and fifty dollars. .
To Samuel Russell, Thomas T. Long and Samuel J. Perry,
engrossing and enrolling Clerks for the House of Represen-
tatives bach four hundred and fifty dollars.
To Samuel W. Barrington, Sergeant at Arms, and Moses
Ellis Door keeper of the House of Representatives each four
hundred and fifty dollars.
To Joshua Rnowles, printer for the Senate, for miscellaneous
printing, bills, reports, slips f Daily Journals, and Journals in
Pamphlet form, and all other printing done for the Senate ; and
newspapers furnished the Senate and House under their order,
printing done per contract up to the Close of the Session the sum
of Two Thousand Three Hundred and Sixty Three Dollars
and Sixty Six Cents.
To Samuel S. Sibley, printer for'the House of IRepresenta-
tives for Miscellaneous printing, bills, reports, slips of Daily
Journals, and Journals in pamphlet form and all other printing
done for the House of Reprentatives, and newspapers furnish-
ed for the Senate and House under their order, printing done
p r contract up to the close of the session, the sum of Five
Thousand Six Hundred and Forty Four Dollars and Forty
Seven Cents.
To Cosam Emir Bartlett Editor of the Star for newspapers
furnished the House and Senate under their order, Two Hun-
dred and Twenty five dollars.
To Philip A. Hayward for stationary, and articles furnished
for the Senate four hundred and eighty one dollars and twenty
nine cents.
To George O. M'Mullin & Co. for stationary furnished for
-the Senate, Six hundred and seventeen dollars and fifty one
cents.
To Philip A. Hayward for stationary furnished for the House
of Representatives one thousand five hundred dollars and fifty
cents..
To George O. M'Mullin & Co. for stationary furnished for









the House of Representatives, five hundred and thirty seven
dollars and seventeen cents.
To J. Knowles for Stationary for the Senate four dollars.
ToJ. Knowles for stationary for House of Representatives
Forty four dollars and fifty cents.
To Philip A. Hayward fo- binding laws, Journals, and doc-
uments for past session and present Session under direction of
Chief Clerk of Hbuse of Representatives by order of House
for perpetual use of Legislature one hundred dollars.
To Alfred A. Fisher for wood for both Houses and Contin-
gent expenses of Senate one hundred and fifty Dollars-
To Moses Ellis for contingent expenses of House of Repre-
sentatives, Ninety Six dollars and Seventy six cents.
To David C. Wilson for contingent expenses of House
of Representatives and Senate Twenty five dollars.
To Marshall N. Cutter Contingent expenses of House of Rep.
resentatives ninety two dollars.
To W. H. MiddlMton Contingent expenses of Senate and
House of Represebtatives iventy dollars.
SECTION 2d. Be it further enacted, That the President of
the Senate and the Speaker of the House of Representatives
for the present sesaiodi be allowed double per Diem andthat the
Governor be requested to Certify the same.
SECTON 3d. Be t further enacted,. That the sum of threw
hundred Dollars be and is hereby appropriated for the purpose
of Distributing the laws of this Territory.
SECTIwO 4th.. Be it furiter enacted, That the following
claims against the.United States should be paid out of the res-
idue of the appropriation for the expenses of this Territory af-
ter said sums above specified be paid, and if the same be in-
sufficient a special appropriation should be made therefore by
Congressfor arrearages of former years.
To Charles S. Sibley for rent of House for Executive office
six months in 1840, while the Capitol was being pulled down
three hundred Dollars.
To assignee of John C. Jacobi for work done on the Execu-
tive office March 1840, Sixty Dollars.
To Frederick Towle for artic'ls furnished for Executive of-
fice in 1810, Sixty five dollars and fifty eight cents.
To George O. M'Mullin & Co. for articles furnished Exec-
utive in 1840 &c. one hundred and forty five dollars and
fitty eight cents.
SEcTION 5th. Be it further enacted, That the Governor
be authorized to cprtifv the expenses of printing the laws and,
Rsolutions of this S-sqion and the Dicisions of the Court of
appeals and amended rules oF Court to the printers according
to the report of th- special committee of the two Houses when
said work is finished.









SECTIO6 6th. Be it further enacted, That the Governor be
requested to certify to the Treasury Department the following
accounts, and evidence, of which exhibited to this council shows
they should be paid uy the United States and ttia the Delegate
in Congress be requested to procure an appropriation therefore,
Viz: Walker Anderson (250, Thomas S. Brown $461,25
Alexander Watson $40, John M. Fontaine $25, Administrators
of Edward R. Gibson $100, Hiram Manly $100, the same be
ing for services rendered in the examination of Certain Banks
and other corporations in 1840, to procure information under
authority of a resolution of the United States' Senate and that
the accounts be placed with the Governor for that purpose.
SCTION 7th. Be it further enacted. That the Governor
be and he is hereby authorised to allow the sum of three hun-
dred dollars to a Clerk for the purpose of copying the Laws of
the 'present session for the printer and furnishing an index for
the same.
Passed the House of Rep., 5th March, 1842.
Passed SenateSth March, 1842.
Reconsidered and passed unanimously by the requisite majori-
ty-Yeas7. INays 0.
HOUsE OF REPRESENTATIVES 5th MARCH, 1842.
The House proceeded to read the veto message of the Gov.
ernor, and put the Bill on its passage. The following vote was
taken.
Yeas i Mr. Speaker, Messrs. Anou, Battle, Blackburn, Dan-
cy, Dell, Ernest, Edwards, Haddock, Kelly, Lancaster, Lew-
is, Long, McKinnon, McRaeny, Pent, Steel, Stephens, Tabor,
and Taylor:-20.
Nays-none.







RESOLUTIONS.



No 1.

WHEREAS, in the year 1838, the Legislature of Alabama
passed an act appointing Commissioners to improve the nava-
gation of Choctawhachee R:ver; and whereas the object of
said act was carried into effect by the removal of the obstruc-
tions in said river as low down as the Florida line; and whereas
the monies expended by the State of Alabama for the r- mova' of
the obstruction in said river will be entirely usel ss,until the nav-
igable obstruction below the Florida line is removed; and wlhere-
as, the improvement ofthe navigation ot said river, up to the Fl )r-
ida line, would greatly enhance the value of th. lands adja-
cent to said river, and encourage the emigration of a larg pop-
ulation in and about the neighborhood of said river.
Be it therefore resolved by the Governor and Legislative Coun-
cil of the Terr'tory of Florida, That our Delegate in Congress,
be requested to use his influence towards obtaining an appropri-
ation from Congress for the purpose of improving the navigali an
of said river.
Be it further Resolved, That a certified copy of these Reso-
lutions be forwarded to the Hon. David Levy, our Delegate in
Congress, and to each one of Representatives in Congress
from the State of Alabama.
Adopted by the house of Representatives February 23d, 1842.
Adopted by the Senate February 23d, 1842.
Approved 26th February, 1842.








No. 2.

WHEREAS, the Island of Key West being situated upon the
border of the Gulf stream and at a remote distance from any
-other settlement in tne Territory of Florida, is particularly ex-









posed to the aggression of wicked and lawless persons, and
Criminals against the laws of the United States, are often arres.
ted and again set at large, or if committed to jail make their
escape on account of the insufficiency of the jail : And where-
as the small population there are unable to build a jail and the
people often feel, that they have no protection by law in conse-
quence of a want of a good jail,
Therefore Resolved that our Delegate in Congress be reques-
ted to make an exertion to obtain from Congress an appropria-
tion for building a jail at Key West aforesaid.
Adopted by the House of Representatives, 16th February 1842.
Adopted by the Senate, 4th Feb. 1942.








No. 3.

WHEREAS the trade between the towns of St. Joseph and
Apalachicola, and the commercial cities of the ,Union, has
increased to an extent calling for the notice and protection of the
General Government; and whereas all vessels bound to and
from, .those ports as well as those employed in the Coasting
trade between New Orleans and St Marks, are necessarily ex.
posed to the dangerous navigation around Cape St. Bias, which
is regarded by mariners as the most dangerous Cape on the
Gulf, its shoals projecting from eight to 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 for St. Joseph :and Apalachicola,
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 Cong-
ress be requested to urge upon that body the necessity and u-
tility, of erecting on Cape St. Bias a suitable light house, and
that this resolution, properly authenticated, be forthwith,
transmitted the Delegate in Congress.
Adopted by the Ilouse of Representatives, 1st Feb. 1842.
Adopted by the Senate, 9th Feb. 1842
Approved 26th Feb. 1842








No. 4.


W EHans, The commercial advantages of the city of Apa-
lachicola, and the general good and welfare of its citizens, de.
mand that free and extensive roads, should be opened into the
interior of the country in order to facilitate the transportation of
produce and the public mails.
And whereas, the opening ofa Road from the Town of Quin.
cy, in the county of Gadsden; to some point on the Apalachicola
Bay, or river near the city, is altogether practicable and would
establish a certain communication between the Bay and Capi-
tol at Tallahassee, and that the same would be of public utili-
ty to the country in general.
Resoled, by the Senate and house of Representatives, That
the Delegate in Congress, be requested to urge upon that body?
the appropriation of ten thousand dollars, fo the purpose of
opening and constructing the road as above designated.
Adopted by the House of Rep. 4th February, 1842.
Adopted by the Senate, 16th February 1842.







No. 5.

Resolaed, That our Delegate in Congress be requested to
use his best exertions to obtain an act of Congress authorising
the different Brigades in this Territory to elect by ballot their
respective Brigadiers General.
Adopted by the Senate 24th February, 1842.
Adopted by the House of Rep. Marb st, 1840.







Ifq& 6.

WHEREAS, ai appropriation was made in M139, bylongross,
of ten thousand dollat for the opehinr and constructing a road








trom Tallahassee to lola, on the Apalachicola river. And
whereas. the officers of he General Goverrnmnt, have nrg-
lected Wo open and construct said road -and said appropriation
on any part thereof has not been expended on said road, but
has reverted to th6 Treasury. And whereas if opened, said
road will be of irerat service to a largf number of the citizens
of East and West Florida, and would facilitate the speedy trans-
m iteod .of the rail to and from :his Territory to the South'WiWst.
Si Thereforee *l'Reslvedr, ty the Governor dnd Legislative Coun-
c ilof theTerritoryof Florida That Congress'be respectfully
requested to re-appropriate said noney,- for said pur-
poea, anddiredt sai! Work tobe performed and that the Hon.'
D. L vy, Delegate in Congress, be requested to lay this 'pre.
aminr:l, and, riesutiborefore Congress, aftd proiare said re4p-
roppriatibn.
Adopted by:the House, f Rep't. 14th February. 1842.
Adopted by the Senate, 16th Febriry, 1842,
Approved, 26th February, 1842;








No. 7.

Resolved, That it shall be the duty of the Commissioner of
Tallahassee'to fa'kc charge ofthc Capitbt and I-gislative Cham-
bers, and the'futniture, articles and papers therein, his pres.
ent salary to be considered a including his compensation there-"
for. .
Resolvea, Jfrtier, 'That 'the Secretary of the Senate and
Clerk of tlirHouse-doca'rrahgte *ndplace 'inkfiles, '.the papers
and documents, in their respective Houses for the present and
pait-d S-ssion, and that they have a list thereof and each be
p. i fifty dollars therefore; to be certified by the Governor, and
paid by th- Treasury.
Reso.'vedfurther, That H. T. Copeland be allowed one hun-
-difed dollars for taking care of the Representative chamber,
and furniture in 1841, and J. S. Robinson a like sum for ta-
kin? care of Senate Chamber for 1841, to be certified by the
Governor and paid out of the Talahassee fund.
Passed the House of Rep., 5th March 1842.
-assid ,y tihi S, na.', .:th Maich, 1842;-
APpruove4 6&4 MNarci 1842.









No. 8."

Resolped, Bythe Governor and Legislative Councitof the Tee.
ritory of Florida, That the Hon. David Levy, Delegate in Con,
gress from this Territory, be requested to use his best exertions
to obtain from Congress during its present Session an appropri.
alion for the construction of a road from St. Augustine to Pf
larka on the St. Johns' River.
Adopted. y. the House of Representatives. 16th February i 482..
Adopted by, the S' na' '1th February, 1842.
4Aproved 26th. February, 1842.








No. 9.
A Resolution respecting the Faith Bonds and Guarantees.
Reso7vedi. [hat the Tirritorial Legisla'ure do', not poss-
ass. nor was it ever invested( with' the authority to pledg- the
fai h of the Territory, as ta render the citizens of the Tprri.
tory responsible foit the debts, or engagements of any corpora.
tion charof'ed by said: Territorial legislature.
SAdopted by the FlofUd of Representatives, Feb. 23d 1842.
Adopted by the Senate, Feb. 8d 1842.








No. 10.

,Jesolved, That pur Delegate in Congress be requested to use.
his he: t exertions to procure an appropriation from Cor,. s to
the amount of tive thousand dollars for the oopnincf ai!l impro-
via, 'he road fron he town of M mtiucllo in Jetfarson County to
Port Leon or S'. M t ]k on the Bay of Apalacl e-.
Adopt: d by the HIlose of Rep., March 1st, 1842.
Adopted in the Senate, March 2d 1842.








No. 11.
Be it gpolved, Ay the Goenmor and Legislative Council of.the
Territory of Flprida, That from and after the adoption of 'this
Resolution, the revenue laws of this Territory, shall be sus-
pended so far as they may authorize the assesment and collect.
OP of a Territorial revenue for the future and no further, Pro.
vided that the operation of this resolution shall not be construed
to extend to the tax upon Auction sales, retailers of Spritous
Liquor, keeping'of Billiard tables, exhibitions of public shows
and pedlars, dr to prohibit the assessment and collection of
County taxes, as is provided for by the existing laws.
Adopted by the Senate, 18th Feb. 1842.
Adopted by the House of Rep., 5th March, 184..
Approved 5th March, 1842.








No. 18.

WasaKEs, the Xpited States Mail to New Orleans when conu
veyed by thr AligatorJ'oute; Namely, via Macon, Bainbridge,
Marianna, Lagrange, and Pensacola was carried with great
certainty and despatch, the road being unequalled in any coun-
try and convenient for the transportation of passengers, so
much so as to draw forth expressions, indicative of the highest
degree of satisfaction from every traveller, as well for the con.
tractor as on account of the road which was profitable to all.
And whereas, since the abandonment of said route, the public
have sustained great injury and loss in consequence of the
detention and delay of the Mails; their frequent failure and
in the disappointment, serious detention and delay of the pas.
sengers.
Resolved therefore, that the attention of the Post Master Gen-
eral be earnestly requested to this important route, as the main
communication by stage between New York and New Or.
]cans in the winter time, as subject to less accident from bad
foads and high water than any other, as most speedy safe and
best for the certain and effectual transportationof the Mail and
travellers.
Resolved further, That the Legislature protest against a
change of the route so as to go to Americus and cross the
Flint River, thereby making an addition of bad road for man.








alres through ahilly country, increasing the chance of failure
and detention of the Mails by crossing a River frequently
flooded and impassable for weeks, indeed making the destruction
of the route almost sure.
Resolvedfjrther, That the attention of the Delegate be earnest.
ly requested on this subject and that he lay these resolution
before Congress.
Passed the House of Rep. 4th March, 1842.
Passed the Seaste, 5th March, 1842.







No. 18.

Whereoa, in pusuanee of an act of the Legislative Coun.
ail of the Territory of Florida, entitled an act to call a con.
mention for the purpose of organizing a state Government, pas.
sed 3d of January 1888, and approved 2d Feb. of the same
ear, the aeveraldelegates elected by the people from the dif-
ferent counties of the Territory did assemble at St. Joseph ac-
dording to the provisions of said act, on Monday the 3d day of
December 1 888, forthe purpose of'devising and adopting the
most efficient and proper measures for the formation and estab-
ltshment of an independent State Government for the people of
Florida, and to form and adopt a bill of rights and Constitution
for the same, and all needfull measures preparatory for the ad-
missionof Floridwinto the national confederacy. And Where-
as the intention of the Legislative Council and the wishes of
the people were carried out, and complied with by said Con-
vention in the formation and adoption of a Constitution, which
in order to test more fully the sentiments of the people- of
Florida on the subject of State Government, was submitted to
them in the year 1889. And whereas said ratification was
confirmed by a majority of the legally qualified voters of this
Ter -itory. W conceive it highly necessary, expedient and wise
to throw off our Territorial vassalage and assume an indepen-
dant State Government, not only from motives of Policy. but
from the repeated declaration of the will of the people on this
vtbject, and in order to do so, an early application was made
to the Congreseof the United States, for the admission of Flor-
ida into the Union as a Sovereign and independent State, which
has been heretofore neglected by Congress.
JBs it therforere.esoled, rby iAs Goveor and Legitlative Coun-









tlof the t~'eritory of FIorida, That ourNDelegate in Congress
be requested to again submit it, the Constitution adopted at St,
Joseph and subsequently ratified by the people of Florida, to
the Congress of the United States and to urge upon that body
its reception and our desire to be admitted into the national
confederacy as an independent state, at an early period of the
present session.
Resolved, sedondly4 :iThat a copy of this preamble and reso.
lutions be forwarded to the' 'on..David Levy,-properly certir
fled by both Ho'l es
Passed ie. House of Rep., 1st March 1842.
Passed by the Senate 5th March 1842,
Approved 5th March, 1842.








No 14.

A Resolution respecting'the adoption of means to prevent the tzh
ningoff of property mortgaged to sacurethe payment of,Filth. Bonds,
Resolved, That. a joint Committee of three from:the Stnare
and five from the ,House of Representatives, be appointed,to de.;
vise the best means, and report a Bill to put a stop,if possible
tothe running or attempting to run property out of, the Territory
that is Mortgaged to the Banks.
Resolved further, That paid Committee beinstructed to pro-
cure.from the oioers-of the. Union Bankof Florida and the
Southern Life Insurance and Trust Company, respectively, a
full statement in writing of the vame vof.any Stockholders of
said institutions respectively-who have rnn off or'ttempted to
run off, or who have soldeordisposed of any slaves mortgaged to
said Institutions respectively and the uamber,and appraised.yalue
ot such slaves, an( where sueh :offence, was committed or a',
tempted to be committed,,also what. number of, slaves, if any,
mortgaged.to either of said Institutions areTmissing-r have bern
lost by death or other cause, and,the mortgagerof such slaves,
and make report terpof,
.(An amendnmet ot the Senate.)
And also what measuress have been, adopted or proposed to
be adopted to prevent or remedy the loss ;ofthis kind of securi-
fy.
Adopted by the House of R p. 16th February. 194.
Adopted.by the Senate 24th February, 1$42,









No. 15,

WHEREAS, a petition has heretofore been forwarded to tht
Congress of the United States from the citizens asking an ap.
propriation-foo the openifig and construction of a road from
Marianna to lol'a.
Be it therefore resolved by the Senate and House of Repre.
sentatives of the 'Territory of Floridc, That our Delegate in
Congress, be requcsted- to obtain from'Congress an appropria-
tion of five thousand dollars for the opening and constructing
of a road from Marianna to lola on the Apalachicola River.
Adoptedby:the House of Rep. 3d February 1842.
Adopted by the Senate 7th February, 1842.








No. 101

Resolved by the Goernor. and Legislhaive Couircil of the Ter-
ritory of Flbrida, That: the Auditor be; apd he is, hereby au.
thorized and Tequired to admit and pay to:Mts. Sarah Williams
the sun.of,inty threAdollars and seventy five cents being the
full amount of her claim :for boarding a guard employed by
the Marshal of the Western Distriot of Florida toguard three
prisoners char;el with murder in the year 1841.
Adopted by the Haoieof Rep. February 23, 1842.
Adopted by the Senate, Feruary 25th, 1842.
Approved 3d March 1842.








No. 1I.

A 'Resolution to expedite the closing of the Indian War.
Whereas. the corducct of Col. William S. Harney of the UL.
ited States Arm.i Whild fn Fldridi, won for himn in a high de-
gree the confidence of the people of Florida, and his with-








prawal ftom Florida is greatly regretted by them, and his re-
turn to this Territory in his proper Command would give gen-
eral satisfaction.
Be it therefore Resolved, by the Senate and House of Represen-
tatives of the Territory of Florida, That the Honorable the
Secretary of War, be respectfully requested, if consistent
with the public interest, and if agreable to Colonel Harney, to
order that officer to this Territory, and give him a command
suitable to his rank, and that a copy of this preamble and Res-
olutions be sent to the Delegate in Congreds forthwith and that
he be requested to lay the same before the Secretary of War.
Adopted by the House of Rep., Jan. 26th, 1842.
Adopted by the Senate, Jan. 28th, 1842.







No. 18.

Resolved, That the Delegate in Congress be requested to use
his best exertions to procure an appropriation of Thirty thou-
sand dollars from Congress, tobe expended by the commission-
er of the Tallahassee fund for the completion of the unfinish-
ed Capitol in that city, and that a copy of this resolution be
forthwith transmitted to said Delegate.
Passed the House of Rep., 4th March, 1842.
Passed the Senate 5th March, 1842.





No. 19.
Resolved by the Senate and House of Representatives of the
Territory of Florida, That the Hon. David Levy, our Delegate
in Congress. be, and he is hereby requested to obtain the pas.
sage of a law by Congress: making tie Town of Milton on the
Blackwater river in the county of Santa Rosa a port of entry.
Adopted by the House, 28th February, 1842,
Passed the Senate MaroK 1st, 1842.









No. 20.


WRo~EAs, the port of Tampa, so soon as the Indian war is
closed will from its position and advantages become an import.
ant port, and engross the chief part of the trade on the west-
ern side of the peninsula of Florida; and in such event a sep.
arate collection district should be established, and said port
made a port of entry and delivery.
Re it therefore resolved by the Senate and House of Represen.
tatives, That the Delegate in Congress be requested to procure
the immediate passage of a law establishing a separate collec-
tion district on the Peninsula of Florida, and the establishment
of Tampa, asa port of entry and delivery. And that a copy
hereof be transmitted to the Delegate, and a copy to the Hon.
the Secretary of the Treasury of the United States.
Adopted by the House 14th February, 1842.
Adopted by the Senate 20th February, 1842.
Approved4th March, 1842.



-a-w



No. 21.

W' eQ t',r mail road on the Alligator line between Mari.
janna and Lagrange is so dilapidated ihat it has become almost
impracticable to travel on said Road, and Whereas, it is be-
1ived that a rout might be selected between Marianna and
Lagrange aforesaid much better than any heretofore selected and
which could be opened at much less expense than the repair of
the present Road would cost.
Be it, therefore, Resolved, by the Governor and Legislative
Council of the Territory of Florida, That our Delegate in
Congress be requested to use his influence in Congress towards
,obtaining the passage of a law appointing Commissioners to
select the most practicable rout from Marianna to Lagrange
and to obtain an appropriation from Congress for opening or re.
pairing the said Road.
Be it further Resolved, That a certified copy of these pre-
amble and Resolutions be forwarded to the Hon. David Levy,
our Delegate in Congress.
Pass-d the House of Rep., March 5th. 1842.
Passed the Senate. March 5th. 1842.
Approved 5th March, 1842.









No. 22.


lWhereas, from the dilapidated state of the Bridges over the
Apalachicola swamp and Chipola river in Jackson county it is
impossible for the mails to be transported over the road with
safely and any degree of regularity: and Whereas, the re.
pair of said bridge would afford great facilities to travellers, and
to the transportation of the malls:
Be it therefore resolved, That our Delegate in Congress be,
and he is hereby requested to procure an appropriation of six
thousand dollars for the rebuilding the Bridge over the Apa-
lachicola swamp and a like appropriation of two thousand dol.
lars for the repair of the Bridge over the Chipola River.
Be it further Resolved, That a copy of these resolutions be
forwarded to our Delegate in Congress, and he be requested r-
use his best exertions to procure such appropriation.
Adopted by the HJus, of Rep. 19th of Feb., 1842.
Adopted by th. Senate 25th Frb., 1842.
Approved 3d March, 1842.








No. 23.

Whereas, The citizens df Blounts Town and those living ig
its vic ini y on the Apalachicola River in the County of Calhourrn
labour under great inconvenience as to Mail facility it being
twenty five miles to any post office.
Be it therefore resolved by the Governor and Legislative Conn.
cil of the Territory of Florida, That our Delegate in Cong-ess)
the Honorable David Lvy be requested to use his best exer.
tions to have a post office established at Blounts Town and to
have Shadrack Sutton Esq. appointed post master at said place.
Resolved, further, That the foregoing preamble and Ro,,nlu.
lution be duly authenticated and forwarded to our delegate in
Congress.
Adopted by the Houseof Rep. 28th Feb. 1.42.
Adopted by thb S,.nat-, 1st March, 1842.
Approved 4th March, 1842.









No. 24.


A Resolution respecting the adoption of means to prevent the Yn.
ning off of property mortgaged to secure the payment of the Faith Bonds.
I esoived, That a joint committee of three from this Senate,
an- five from the Houseof Representatives be appointed to devise
th best means and report a bill to put a stop if possible to he
r inning. or attempting to run property out of the Territory that
is mortgaged to the Banks.
Adopted by the House of Rep., Feb. 23d, 1841.
Adopted by the Senate, Feb. 3d, 1842.








No. 25.

Resolved by the Governor and Legislative Council of the Terr-
dory of Florida, That our Delegate, the Honorable David Levy,
be requested to apply to Congresss for the passage of an act to
establish a Naval Depot at the Bay of St. Joseph in the Coun.
ty of Calhoun Territory of Florida, and to fortify the entrance
to said Bay.
Resolved, That a copy of this resolution be transmitted by
th chief clerk to the Honorable David Levy our Delegate to
Congress.
Passed the House of Rep., 18th February, 1842.
Passed the Senate 26th February, 1842.
Approved, 4th March 1842.








No. 26.

Resolved by the fGoernor and Legislative Cmouin of the ?Te?.
titory of Florida, That our Delagat. in Congress, be and he is
br- hy requested to use his best Px,-rtions to procure an appro.
priation for the fortifcatiou of the Bay of St. Andrtws.







's
Pp yi &Por "o-tewli-. That a-onp7 off fb,?, g sn!lttinns be
,c'r,4-d ty the chiet lekrk and forwarded to our Delezate ia
~uwagr; .and to fhe Oel-egmion tvom &he'Stte of Alabama.
4j'~ri d by tbe H rnuse of Rap. 2Wth February. 1842.
~ei~if~tw I S~ nqt-p 9nt 1 2th 'PebruarXr, 1ISU.
Agpwv,4 a~d d -XarrBQ.1z'r







AN INDEX
TO THE ACTS OF THE LEGISLATIVE COUNCIL OF
THE T.RRR!TORY OF FLORIDA, PASSED
AT ITS TWENTIETH SESSION.

A
Pagea
&APOf~o ATIONs.
See acts providing for the compensa-
tion of the the officers of the Legis.
lative Council, and for other pur.
poses. 45
See also title Resolutiohs.
APPAtLaCr COLA, CITY OF.
Act amendifng act incorpo-
rating said City. 7

B

BRIDGES.
(See title Ferries.)

C

Carter Jesse, late Tax Coll actor, act for the relief of 7
Court House in Duval County, act repealing act, to
provide for its completion. 18
CoMPENSATIso.
Act providing, for the compensation
of the offers of the Legislative
Council of 1842, and for other pur-
poQs.. 45
(See also title Resolutions.)
?axans aWD MiaPizaw nosa.
Act in addition to the sev.
era! ,acts in relation
thereto. 16
Selling Spirituous liquors
to 'faves or, free per ons
of color, without. written
pe'rrnissipn Ef p.r Master
-r Gardiani 1








Buggery how punished, 20
See also act to prevent
thF future migration of
free negroes and free Mu-
laotoes into this T:rritory
Idi f6r 6thor lpurposes, *4 to 3S

D

~UVAL COUNTY.
Act repealing an act to provide for
the completion of the Couxt House
of said County, 1B

E

ExEcTIoNas. Act concerning, 22
When and how defendants may post-
pone sale under, 22
E.CTIOIB.
Act altering and changing the time of
holding elections for menmbhrs of' he
L g-slative Council in the Counties of
Franklin and Calhoun, 91

F

ftuRaIs AW BDIDGZS.
An act to authorize John R.
Chapman to build a bridge or
establish a ferry, across the
'Chipdi Fiiver iii Jac'kson Coun.
.ty, 6
Act dutho0izing Sartiel Rus.
srll, J. G. Blount nd John Lee
Williaiiis, to establish fe-ries
4ccr6ss the Suwi;inee and St.
ohlin's Rivers, .
Act authorizing George Brun.
ning to build a bridge or estab-
liuh a ferry across aBlak Greek
'in Duval county. 8
An act 6 uthorising Benjamin
Marshal to establish a ferry a-
cross Bla'ckwater river, at the
Town of Milton, 1I
'An act to authorise Bryant
Sheffilid to obtablid i a tirr'







Pag.
cross Suwannee River- at + hei
upper Mineral.Springs, known
's the white sulpher springs, 15
An act authorising Thomas
Cooper to establish a ferry a.
cross Escambia River, 19
Act authorising Solomon Zip.
perer, to establish a ferry
across the Suwannee River, 22 to 23
Act authorisirg Cyprian T.
Jenkins to establish a ferry on
C-unty Cou rts authorised to es.
tablish "Bridgas and Ferries, 42
the Withlacooche River, 44
(See also the act in relation to
Roads highways andFerries,) 37 to 42.
VAITH BoMn An, GUARANTEES.
Resolution resprcting, 53
Act prescribing tha manner of
cancelling,, .,, 45
Resolution respecting the adop.
tion of means to prevent, the
running off of property mort.
gaged for payment of 56
Free Negroes and Free Mulatoes,, (,ee title Slavse.)

G II

IMGHWAYS, (see title Roads,)

IJ

?UsTIeOs OP THE PEACE,
Have exclusive original Juris.
diction over all debts and de.
mands where the principal
does not exceed fifty ~do lars, 21
May allow damages and Costs
to any amount, 21
JACU~ONVILLB, TowN OF,
Act amending aqt incorpor-
Sating said towI,, 21

KL

LANDs,(see title Public Lands also University Lands,)
Tow FaxsAtno, Act for the benefit of his widow and
orphans, .2









M

An act to repeal an act providing
for the safekeeping of the records
of said county and for other pur-
poses,
MONTICELLO, TowN OF,
Act repealing all former acts
incorporating said Town ex.
cept the act of 1831, 9
MO"TGAGrmS, Act for the protection of 11 to 14
MIrTIA, Act regulating and repealing all former
acts in relation thereto, 95 to 33

NO P
PILonyAr, Act establishing and regulating pilotage
on the waters an in the harbor of Tampa
Bay, 10
PUTBLIC LANDS, Act Concerning improvements on, 14
PiESBYTERIAN CHURCH OF APPALACHICOLA, Act in-
corpating, 17
PE SACOLA, CITY OF, Act to amend an act incorpora-
ting said City, 7(

Q R
REsoLrTrxoos;
No. 1. Requesting the Delegate in Cob.
gress to procure an appropriation for
improving the navigation of the Choc.
tawhach e River, 4V
No. 2. Requesting the Delegate in Con-
gress toobtain an appropriation forbuil.
ding jail at Key West. 50
No. 3. Requesting the Delegate in Con-
gress to urge upon that body the neces.
sity of erecting a light house on Cape
St. Bias, 11
No. 4. Requesting the Delegate in Con.
gressto procure an appropriation often
thousand dollars, for constructing a
road from the Town ofQuincy, to some
point on the Apalachicola Bay, or riv-
er near the City, t1
No. 5. Requesting the Delegate in Con.
gress to obtain an act to authorise the









X3XSVLUIONS.
d:frcrnt Brigades to elect their Briga.
rli, re 'G -neral. 51
No '. R,.questing the reappropriation
by Congress of ten thousand dollars for
constructing a road from Tallahassee
to lola, 1
No. 7. Imposing the duty of taking
charge of the Capitol upon the Com-
nmiisioner of Tallahassee, and upon the
Secretary of the S,:nate and Clerk of
the House, the duty of arranging :he
papers and documents in their refsoc-
tivp Houses, and allowing H. T. Cope-
land, $100 for taking care of Repre.
sentative Chamber, and the like sium to
J. S. Robinson, for taking care of Sen-
ate Chamber. S5
No' 8' Requesting an, appropriation by
Congress for constructing a road from
S'. Augustine, to Palatka, on the St.
John's River. 53
No. 9. Respecting the faith Bonds and
'Guarentees, 53
No. 10. Requesting anappropriation
by Congress, of five thousand Dollars,
for opening and improving road from
'the Town of Monticello to Port Leon
or St. Marks, 93
No. 11. Suspending revenue laws so
far as they authorise the assessment
and.collection of Territorial revenue
with certian exceptions,. 54
No. 12. Respectintr Aligator- Mail route
by New Orlea a and protesting against
a.change in s: ii route, 54
No: 13. Repi a ngtheadmission ofthis
Territory into mte Union as an indepen-
dent Sta.te, under the Constitution
formed at St. Joseph, 55
No. 14. Respecting the adoption of means
to prevent the running off.of property
Mortgaged to secure the payment of
faith bonds, 56
No 15. Requesting an appropriation by
Congress of five thousand dollars for
constructing a road from Mariana to
Iela, V








:Vag.

No. 14. Authorising the Auditor to
audit and pay Mrs. Sarah Williams
$63 75, 57
No. 17. To expedite the closing of the
Indian war, and in relation to Col,
Wm. S. Harney, AV
No 18. Requesting the appropriation
of $30,000, for the completion of the
Capitol,
No. 19. Requesting the passage of a
law by Congress making the Town of
Milton on the Blackwater River, a port
of entry, 5
No. 20. Requesting the Delegate in
Congress to procure the passage of a
1 w establishing a se a at Collecti n
District, on the Peninsula of Florida,
and establishing Tampa as a port of
entry and delivery, 56
No. 21. Rquesting the passage ofa law
by Congress appointing Commissioners
to select a route from Mariana to La.
grange and making an appropriation
for opening or repairing the same. 59
No. 21. Rrquesting the Delegate in Con-
gress to obtain an appropriation of
$.,000, for rebuilding the Bridge over
th, Apalachicola River, anid alike ap-
propriation of $2,000, for repairing
Bridge over Chipola River, 60
No. 23. Requesting the establishment
of a post office at'Blounts Town, g 60
'No. 24.' Concerning the appointment of
a Committee to report the best mans
to prevent running off property Mof.
gagedd to theBanks, 61
No 25. Rf questing the establi~hrent
by Congress of a 'aval Depot at the
Bay of St. Joseph, rand'the fortificatigp
of the entrance to said Bay, 61
No. 26 RLqiesti'g an appropriaion
by Congre' for the fortification of the
Bay of S!. Andrews, 61
Ie.Al HIGHWAYS AND FERRIES,
Act concerning,









S
SArTTA RotA CorNTr.
Act organizing, a
4lvBAvAND FRER PERSONS OP :tl.OR,
Selling Spirts to without written per.
mission of Master or Gurdian, how
punished, 61
Act to prevent the future migration
of Prre Negroes and Free nmulanocs
to this Territory and for other pur.
poses. 34 to 36

T
THourON BRVtAMT1,
Act for the relief of 20
UGIVgXsiTX LANDS,
A~l Concerning, Il