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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: 1843
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: UF00073406:00004
 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
    Title Page
        Page 1
    Council members
        Page 2
    Laws of the Territory of Florida, passed at the twenty-first session of the legislative council--1834. Chapter-elections
        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
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        Page 38
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        Page 42
        Page 43
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        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
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        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
        Page 62
        Page 63
        Page 64
    Resolutions
        Page 65
        Page 66
        Page 67
        Page 68
        Page 69
        Page 70
        Page 71
        Page 72
        Page 73
        Page 74
        Page 75
        Page 76
        Page 77
        Page 78
        Page 79
        Page 80
        Page 81
        Page 82
    Rules of practice for the court of appeals of the Territory of Florida
        Page 83
        Page 84
        Page 85
        Page 86
    Rules adopted by the court of appeals for the government of the practice in the superior courts of Florida
        Page 87
        Page 88
        Page 89
        Page 90
        Page 91
        Page 92
        Page 93
        Page 94
        Page 95
        Page 96
        Page 97
    Index
        Page 98
        Page 99
        Page 100
        Page 101
        Page 102
        Page 103
        Page 104
Full Text






TWENTY-FIRST SESSION.


THE


ACTS AND


RESOLUTIONS


OF THE


LEGISLATIVE COUNCIL


OF THE


TERRITORY OF FLORIDA,



PASSED AT ITS TWENTY-FIRST SESSION,


Which commenced on the second day of January,
sixteenth day of March, 1843.


and ended on the


BY AUTHORITY.





PRINTED AT THE OFFICE OF THE FLORIDA SENTINEL,
By Joseph Clisby.
1 43.







TWENTY-FIRST SESSION.


ACTS


AND RESOLUTIONS


OF THE


LEGISLATIVE COUNCIL


OF THE


TERRITORY OF FLORIDA,


PASSED AT ITS TWENTY-FIRST SESSION,


Which commenced on the second day of January,
sixteenth day of March, 1843.


and ended on the


BY AUTHORITY.




PRINTED AT THE OFFICE OF THE FLORIDA SENTINEL,
By Joseph Clisby.
1843.





















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



GEORGE WALKER,
PRESIDENT.
THOMAS T. LONG;
SECRETARY.



JOSEPH B. LANCASTER,
SPEAKER.
HUGH ARCHER,
SECRETARY.


















LAWS OF THE TERRITORY OF FLORIDA,


Passed at the Twenty-First Session of the Legislative Council-1843.


CHAPTER-Elections.


ARTICLE I.
SECTION 1. Be itenacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That on the first Monday of No- Election for
vember, eighteen hundred and forty-three, and annually thereafter, Representa-
there shall be held at each election precinct in each county of this tives.
Territory, an election for representatives to the Legislative Council.
Sec. 2. On the first Monday in November, eighteen hundred and
forty-three, and every two years thereafter, there shall be held at
each election precinct in each county of this Territory, an election Co. officers.
for one sheriff, one county clerk, four county commissioners, one
county surveyor, and a coroner for each county.
Sec. 3. On the first Monday in November, eighteen hundred and
forty-four, and every two years thereafter, there shall be held at Senators.
each election precinct in each county in this Territory, an election
for senators to the Legislative Council.
Sec. 4. On the first Monday in May, eighteen hundred and forty-
three, and every two years thereafter, there shall be held in each
election precinct in each county in this Territory, an election for Delegate.
delegate to Congress.

ARTICLE II.
QUALIFICATIONS OF VOTERS.
Sec. 1. Every free white male person, of the age of twenty-one
years and upwards, and who shall be, at the time of offering to
vote, a citizen of the United States, and who shall have resided, or A voter for
had his habitation, domicil, home, and place of permanent abode, Delegate.
in this Territory, for six months next preceding the election of
Delegate to Congress, shall be entitled to vote at any place or pre-
cinct within the Territory, for delegate to Congress.









Sec. 2. Every person qualified, as provided for in the last pre-
A voter for ceding section, who shall have resided, or had his habitation,
Senators. domicil, home, and place of permanent abode, in this Territory, for
six months next preceding the election of any senator to the Leg-
islative Council, and who shall have resided, had his habitation,
domicil, home, or place of permanent abode, within the senatorial
district for which a senator or senators are to be elected, for six
months next preceding the election of such senator or senators,
shall be entitled to vote at any place or precinct within the said
senatorial district, for such senator or senators.
Sec. 3. Any such person who shall have resided, orhad his habita-
For Repre- tion, domicil, home and place of permanent abode in this Territo-
ry, for six months next preceding the election of any member of
the House of Representatives, or of any county officer, and who
shall have resided, or had his habitation, domicil, home, and place
of permanent abode within the county for which such representa-
tive or county officer is to be elected, for six months next preceding
the election of such representative or county officer, shall be enti-
tled to vote at any place or precinct in said county, for such repre-
sentative or representatives, or for such county officers.
SSec. 4. When any person shall claim a right to vote on the
aterlize ground of his being a naturalized citizen, it shall be the duty of
the inspectors of the elections to require his certificate of naturali-
zation to be exhibited, or a certified copy of the same. But no free
white male citizen, who was an inhabitant of East Florida on the
tenth of July, eighteen hundred and twenty-one,or of West Flori-
da on the seventeenth day of July, eighteen hundred and twenty-one,
shall be required to produce or exhibit any proof or certificate of
naturalization, in order to entitle him to vote at any election.
Seamen,&c. Sec. 5. No officer, soldier, seaman, or marine, in the regular
army or navy of the United States, or of the revenue cutter service,
in actual service, shall be entitled to vote at any election in this
Territory, unless, previous to his enlistment, and at the time of
offering to vote, he was actually a resident of the Territory.
Sec. 6. Every person who shall become a candidate for any of
Candidates the foregoing offices, shall possess the same qualification as that
prescribed for a voter, before he shall be eligible to that office.
Sec. 7. The fact of a person sailing on board of, or belonging to
any vessel or steamboat, hailing from any place in the Territory,
Absence shall not of itself, make such person a resident of such place;
nor shall the temporary absence of any person from his place of
abode, intending to continue his residence there, be sufficient of
itself, to abate or discontinue such residence.


ARTICLE III.
ELECTION PRECINCTS.
Sec. 1. It shall be the duty of the board of county commissioners
in each county, at its first annual meeting, or as soon thereafter as









conveniently may be, to fix and designate, by order in writing, the
several precincts or places in their respective counties, at which Election pre-
elections shall be held ; and to increase, diminish'or alter such cincts
precincts, from time to time, as public convenience may require.
Sec. 2. Until such precincts are so designated by the board of
county commissioners, it shall be the duty of the county clerk, or
clerk of the county court, to designate such precincts ; and if, from
any cause, the board of county commissioners and such clerk shall
fail to designate such precincts, then elections shall be held at the
places at which the election next preceding had been held.




ARTICLE IV.
APPOINTMENT OF INSPECTORS.
Sec. 1. The county clerk of each county shall, at least ten days County clerk
previous to any general election, appoint for each precinct three toappoint in-
discreet persons, having the qualifications of electors, to act as in- spectors
spectors at such election, and shall cause notice of such appoint-
ment, and of the time and place of holding such election, and of the
officers to be elected, to be posted up at the several precincts in his
county, within the time aforesaid.
Sec. 2. Every county clerk who shall wilfully neglect or refuse Penalty for
to appoint inspectors, or give the notice as required in the last pre- neglect
ceding section, and every person appointed an inspector by any
county clerk, who shall, without just cause, neglect or refuse to at-
tend and perform the duties required of him, shall forfeit to the
county fifty dollars.
Sec. 3. If, from any cause, the county clerk shall fail to appoint
such inspectors, or if the inspectors so appointed, or any of them, Electors may
do not attend, or refuse to perform the duties of inspectors, the elec- appoint in-
tors attending at any precinct, or a majority of them, may elect so
many inspectors, not exceeding three, as may be necessary to sup-
ply the place of the inspectors who do not attend or refuse to serve,
or whose appointment by the clerk has been omitted, and to hold
such election.
Sec. 4. The inspectors before entering upon the discharge of
their duties shall severally take the following oath: "I- do
swear that I will perform the duties of an Inspector of this election, Oath
according to law, and to the best of my abilities ; and that I will
studiously endeavor to prevent fraud, deceit and abuse, in conduct-
ing the same."
Sec. 5. Such oath may be taken before any person authorized to
administer oaths, or if there be no such person in attendance, one Before whom
of the inspectors shall administer such oath to the other inspectors, to be taken
and one of the inspectors so sworn, shall administer such oath, to
the inspector not sworn.









Sec. 6. The inspectors shall appoint a clerk, who, before enter-
Penalty for ing upon his duties, shall take an oath before some person authot-
neglect ized to administer oaths, or before one of the inspectors, that he
will faithfully discharge his duties as clerk of the election, accord-
ing to the best of his abilities.
Powerofin- Sec. 7. The inspectors shall have full power to administer all
spectors oaths that may be necessary in conducting an election.




ARTICLE V.
MANNER OF CONDUCTING ELECTIONS.
Time of op- Sec. 1. The poll of every election shall be opened at nine o'clock
ening polls in the morning or as soon thereafter as may be practicable, and'
shall be closed at five o'clock in the afternoon.
Sec. 2. The electors shall vote by ballot, and each person offer-
Ballot ing to vote shall deliver his ballot to one of the inspectors at the board.
Sec. 3. The ballot shall be a paper ticket, which shall contain
the name or names of the person or persons for whom the voter in-
tends to vote, and shall designate the office to. which each person
so named is intended by him to be chosen; but no ballot shall con-
tain a greater number of names of persons as designated to any of-
fice, than there are persons to be chosen at the election to fill such
office.
Endorsement Sec. 4. On the outer side of each ballot, when folded, shall ap-
pear, written or printed, one of the following words: Senator,"
Delegate," Representative" or County ;" but no ballot found in
the proper box shall be rejected for the want of such endorsement.
Sec. 5. The ballot endorsed Senator" shall contain the name
of the person or persons intended to be voted for, for Senator or
Senators ; that endorsed Delegate" shall contain the name of the
person intended to be voted for for Delegate to Congress, that endorsed
Representative" shall contain the names of the persons intended
to be voted for for Representatives of the Legislative Council, and
the ballot endorsed County" shall contain the names of the per-
sons intended to be voted for for the office of Sheriff. County Clerk,
Coroner, County Surveyor and County Commissioners.
Ballot box Sec. 6. When Senators, or a Delegate, or Representatives are
to be elected, the inspectors shall provide a box for each officer to
be elected, one to be entitled the "Senator's box," one the Dele-
gate's box," and one the "Representatives' box."
Sec. 7. When county officers are to be elected, the inspectors
shall provide a box to be entitled A County box."
Sec. 8. An opening shall be made in the lid of each box not lar-
ger than shall be sufficient for a single closed ballot to be inserted
therein at one time, through which each ballot received, proper to
be placed in such box, shall be inserted.









Sec. 9. At the time of opening the polls each box shall be pub-
licly opened and exposed, so that it may be seen that there are no Tobe open-
ballots therein; each box shall then be closed and shall not be again ed
opened until the polls are closed.
Sec. 10. When the inspectors shall have received the ballot of
any voter, one of them, without opening the same or permitting it
to be opened or examined, shall deposit it in the box correspond-
ing in title with the endorsement on the ballot.
Sec. 11. The clerk of the election shall keep a poll list which
shall contain one column headed names of voters," and so many Poll list
additional columns as there are boxes kept at the election. The
heading of each additional column shall correspond with the name
of one of the boxes so kept.
Sec. 12. The name of each elector voting shall be entered by
the clerk in the column of his p611 list headed names of voters,"
and opposite such name shall be written the figure 1 in each re-
maining column of such poll list, corresponding in its heading with
the name of a box in which a ballot of the voter shall have been
deposited.
Sec. 13. Any person who is himself a qualified voter may chal-
lenge, and it shall be the duty of each inspector to challenge every Challenging
person offering to vote, whom he shall know or suspect not to be
duly qualified as a voter, any may examine such person under oath,
to be administered by one of the inspectors, touching his qualifica-
tions as a voter, or the inspectors may satisfy themselves in rela-
tion thereto by other testimony.
Sec. 14. The inspectors shall possess full authority to maintain
regularity and order and to enforce obedience to their lawful com- Inspectors to
mands during the election and during the canvass and counting the keep order.
votes after closing the polls.
Sec. 15. If any person shall refuse to obey the lawful cammands May commit
of the inspectors, or by disorderly conduct in their presence or disorderly
hearing, shall interrupt and disturb their proceedings, they may, by persons
an order in writing, commit the person so offending to jail for a pe-
riod not exceeding five days.
Sec. 16. Such order shall be executed by any Marshal, Sheriff
or Constable, or if none be present, by any other persondeputed by
such inspectors in writing.



ARTICLE VI.
CANVASS BY INSPECTORS.
SEc. 1. As soon as the poll of an election shall have finally closed, Canv of
the canvass and count of votes shall commence, and shall be public, votes
and shall be completed before an adjournment by the inspectors.
SEC. 2. Each box being opened, the ballots contained therein
shall be taken out and counted unopened, except so far as to ascer-









Double bal- i.in that each ballot is single; and if two or more ballots shall be
lots to bere- found so folded together as to present the appearance of a single
ejected ballot, they shall be destroyed.
Sec. 3. No ballot properly endorsed, found in a box different from
that designated by its endorsement, shall be rejected, but shall be
counted in the same manner as if found in the box designated by
such endorsement.
Certificates Sec. 4. The canvass being completed, duplicate certificates of
of the result the result shall be drawn up in writing by the inspectors or clerk,
containing, words written at full length, the whole number of votes
given for each office at such election, the names of the persons for
whom such votes for such office were given, and the number of
votes so given to each person; which certificates shall be signed b.y
the inspectors and clerk.
Sec. 5. Such certificate may be in the following form:
COUNTY OF ,
Precinct of ss. We, the subscribers, inspectors and
Form of the clerk of an election held at the precinct of in the county of
certificates. on the day of eighteen hundred and do hereby
certify that the whole number of votes given for the office of ,
is and that of these votes A. B. received votes, and C. D.
received votes ; and that the whole number of votes given for the
office of is votes; and of these E. F. received votes,
and G. H. received votes ; and that the whole number of votes
given for the office of is votes; and that of these J. K. receiv-
ed votes, and L. M. received votes.
(Signed) R. P.,
S. T., -Inspectors.
W. Y.
T. S., Clerk.
Sec. 6. The poll book shall then be signed by the inspectors and
clerk.
Poll book and Sec. 7. The poll book and one of the certificates shall, within
certificates to eight days after such election, be conveyed by one of the inspec-
the co. clerk's tors, to be determined by lot if they cannot agree, to the county
office clerk's office, and filed therein. The other certificate shall be kept
by the clerk of the election.
Sec. 8. If any inspector of the election, on whom the lot may fall,
Penalty for or who may agree to convey such certificate and poll book to the
neglect county clerk's office, shall neglect or refuse so to do, without just
cause, he shall forfeit to the county one hundred dollars.


ARTICLE VII.
CANVASS BY COUNTY CLERK.
Sec. 1. On the tenth day after.any election, if it be not on Sun-
Canvass by day, and if Sunday, then on the eleventh day, or sooner if returns
co. clerk of such election shall have been received from the inspectors of all









the precincts in the county, the county clerk shall take to his assist-
ance any two justices of the peace of the county, if they can be
conveniently had-if not, then any two respectable inhabitants of
the county, having the qualifications of voters-and shall proceed
publicly to canvass and count the votes given for the several per-
sons for each office, as shown by such returns.
Sec. 2. They shall make and sign a certificate similar to that Clerk and his
signed by the inspectors of elections, containing, in words written assistants to
at full length, the whole number of votes given in such county for make out nd
each office, the names of the persons for whom such votes for such cates
office were given, and the number of votes so given to each person.
Sec. 3. Such certificate shall be recorded by the county clerk, Clerk tofile a
and filed in his office, and copies thereof, duly certified, shall be copy
evidence in the same manner and in the same cases that the orig-
inal would be. Such certificate shall also be prima facie evidence
of such person as appears thereby to be duly elected.
Sec. 4. Such clerk shall thereupon make out and deliver to every Copytobede-
person chosen at such election to the office of representative, or to livered to the
any county office, a certificate of his election, as evidence thereof, personchosen
and as notice to such person of his election.
Sec. 5. He shall also, within two days after the canvass of the
votes in his county, as aforesaid, make out a certified copy of the
certificate, signed by himself and justices, showing the result of the Copytobere-
election in his county, and enclose, seal, and deposit the same in turned to the
the nearest post-officei on the most direct route to the seat of govern- Secretary
ment, directed to the Secretary of the Territory, endorsed Elec-
tion returns."
Sec. 6. Whenever there shall be a tie, or an equal number of
votes given for any two or more candidates having the highest num- In case of a
her of votes (other than those duly elected,) for the office of repre- tie a new e-
sentative to the Legislative Council, county clerk, sheriff, county election to be
commissioner, or coroner, it shall be the duty of the county clerk, ordered
without delay, to appoint inspectors at the several precincts in his
county, and the day for the holding of a new election of a person
to fill such office.
Sec. 7. The day appointed for such new election shall not be less Clerk to give
than six nor more than twelve days after the official canvass by the noticeofsuch
county clerk, as aforesaid, and the county clerk shall cause notices new election
of the time and place of holding such new election and of the offi-
cers to be elected, to be posted up at the several precincts in his
county, at least three days before such election.
Sec. 8. Such new election shall be conducted, the votes canvass-
ed, and the returns made in all respects, as near as may be accord-
ing to the provisions of this chapter.

ARTICLE VIII.
CANVASS BY SECRETARY.
Sec. i. On the thirty-fifth day after any general election for sen-
ators, or a delegate to Congress, or sooner if official returns shall
2










Sec'y,C(omp- have been received from all the county clerks, the secretary, comp--
t'randTreas- troller and treasurer of the Territory, or any two of them, shall
urer to cast meet at the secretary's office, and open the returns received from
upe arrange the several county clerks, and cast up and arrange the votes given
for the office of any senator or delegate to Congress as shown by
such returns,
Sec. 2. They shall make and sign a certificate similar to that
signed by inspectors of elections, containing, in words written at
Certificate full length, the whole number of votes given in the Territory for the
office of delegate, the names of the persons for whom such votes
were given, and the number of votes given to each; the whole num-
ber of votes given in each senate district for the office of senator,
the names of the persons for whom such votes were given, and the
number of votes given to each.
Sec. 3. Such certificate shall be prima facie evidence of the
election of the person who appears thereby to be duly elected.
Sec. 4. Such certificate shall be recorded by the secretary in his
office, and copies thereof and of such record, duly certified, shall
be evidence in the same manner and in the same cases that the
original would be.
To be record- Sec. 5. The secretary shall immediately cause such certificate
ed to be published in one or more newspapers printed in the Territory,
for the information of the public.
Sec. 6. When a tie shall occur or an equal number of votes be
given for any two or more candidates having the highest number of
votes (other than those duly elected.) for the office of senator, and
whenever a tie shall occur, or an equal number of votes be given
y o for any two or more candidates having the highest number of votes
atieoccurs for the office of delegate to Congress, it shall be the duty of the
Governor to issue his proclamation, giving notice of such fact, and
appointing a day, not less than fifteen nor more than forty days after
issuing such proclamation. for a new election.
Sec. 7. If such tie occur in any election for a delegate to Con-
gress, the several county clerks throughout the Territory shall
appoint inspectors and give notice thereof, and of the time appoint-
ed by the Governor for holding the same, at the several precincts
in his county.
Sec. 8. If such tie occur in any election for senator, the several
county clerks in the senate district in which such tie arose shall in
like manner appoint inspectors to hold such election and give notice
thereof in like manner.
Sec. 9. Such new election shall be conducted and the returns
thereof made, as near as may be, in the manner provided by this
chapter in the case of a regular election.
Gov. tomake Sec. 10. When any person shall have been elected to the office
out certifie'te of delegate to Congress, the Governor shall make out, sign and
of election caused to be sealed with the seal of the Territory, and transmitted
to such person, a certificate of his election.







11



ARTICLE IX.
SPECIAL ELECTIONS TO FILL VACANCIES.
Sec. 1. When a vacancy shall occur in the office of Delegate to Gov. to give
Congress, or in the office of any Senator, the Governor shall issue notice of va-
his proclamation, giving notice of that fact, and appointing a day cancy in the
for a special election to fill such vacancy. office of Sen-
Sec. 2. If such vacancy occur in the office of Delegate to Con- ator
gress, the several county clerks throughout the Territory shall
appoint inspectors to hold such election, and give notice thereof, Aso, inoDce
and of the time appointed by the Governor for holding the same, at
the several precincts in his county.
Sec. 3. If such vacancy occur in the office of Senator, the several
county clerks in the senate district in which such vacancy exists,
shall in like manner appoint inspectors to hold such election, and
give notice thereof in like manner.
Sec. 4. When a vacancy shall occur in the office of any repre- Clerk to noti-
sentative to the Legislative Council, or of any sheriff, or county fy vacancies
e in co. offices
clerk, or county coroner, or county surveyor, or any county commis-
sioner, and the board of county commissioners be thereby left with-
out a quorum, the county clerk, or, if his office be vacant, the surro-
gate of the county, shall appoint a day for a special election to fill
such vacancy, and shall also appoint inspectors to hold such elec-
tion at the several precincts, and post up notices thereof at the seve-
ral precincts, at least three days before such election.
Sec. 5. Every such election shall be conducted, and the returns
thereof made, as near as may be, according to the provisions con-
tained in this chapter in cases of a general election.
Sec. 6. When any officer shall be elected to fill a vacancy in any
elective office of a particular term, such officer shall be considered
as holding the office until the expiration only of the regular term
limited to the office, and until his successor shall be elected and
qualified.
Sec. 7. Every person elected to fill a vacancy in any county County offi-
office, shall take his office, give bond, if required by law, and enter cers to give
upon the duties of his office within fifteen days after the day of his bond
election.




ARTICLE X.
CONTESTING ELECTIONS.
Sec. 1. If any candidate of the proper county or district contest Person con-
the election of any person to the Senate or House of Representa- testi'g to give
tives, he shall give notice thereof in writing to the person whose writtennotce









election he contests, or leave written notice thereof at the house
where such person last resided, within ten days after the canvass
by the county clerk in the case of a Representative, and within thirty
days after the canvass by the Secretary of the Territory in the case
of a Senator, expressing in such notice the points on which the
Depositions same will be contested, and the names of any justice of the peace,
before whom
to be taken county clerk, or clerk of the Superior Court, who will attend at the
taking of the depositions, and when and where such depositions
will be taken.
Sec. 2. The party whose election is contested, may also take
depositions before any of said officers, upon reasonable notice to
the adverse party.
Subpoenas o Sec. 3. Any such justice or clerk who may be called upon so to
be issued do, shall issue subpoenas to compel the attendance of any witness
residing within his county, to give testimony at the time and place
mentioned in such subpona ; and, if necessary, may compel the
attendance of such witness by attachment.
Sec. 4, The officer taking any such deposition, shall reduce the
Evidence to same to writing. Either party may examine or cross-examine any
be reduced to
writing witness, and require his answers to be taken down if pertinent to
the points in contest. The officer taking any deposition, shall cer-
tify the same, and transmit it to the President of the Senate, if the
election of a Senator is contested ; and to the Speaker of the House
of Representatives, if the election of a Representative is contested
Sec. 5. No testimony shall be taken, at the instance of either
party, after the third Monday of the session of the Legislative
Council.
Contest'g co. Sec. 6. The election of any person to the office of Sheriff, or
offices county clerk, or coroner, or county surveyor, may be contested be-
fore the Superior Court of the county, on the petition of any person
claiming to be duly elected to such office. The person contesting
such election, shall set forth, in his petition, the particular grounds
on which he intends to rely to establish his right to such office;
and shall serve a copy of such petition upon the adverse party, at
least ten days before presenting such petition to the Court.
Court to de- Sec. 7. The Court shall proceed in a summary way to hear and
cide determine the matters in issue; and to give judgment upon the
rights of the parties.
Sec. 8. If, by the judgment of the court, the petitioner is entitled
to such office ; and the adverse party has been commissioned, or
Action upon has entered upon, the duties thereof, judgment of ouster shall be
suchdecision pronounced against such party; and upon the presentation of a cer-
tified copy of such judgment to the Governor, he shall revoke such
commission, and commission the person in the judgment of the
court entitled to the office. Costs may be awarded on such pro-
ceeding in the discretion of the court.
Sec. 9. Either party shall be entitled to subpoenas to compel the
attendance of witnesses before the Court; and a commission may
be issued, and depositions taken, in like manner as in actions at
law.







13




ARTICLE XI.
PENALTIES FOR VIOLATING THE PROVISIONS OF THIS
CHAPTER AND GENERAL PROVISIONS.
Sec. 1. If any person shall be guilty of wilful and corrupt false Penalty for
swearing or affirming when interrogated as to his qualifications as perjur
a voter, or when his testimony may be required in any contested
election, or shall wilfully and corruptly procure another person to
swear or affirm falsely as aforesaid, he shall on conviction, suffer
the pains and penalties of perjury.
Sec. 2. If any officer on whom any duty is enjoined in this chap- For neglect
ter shall be guilty of any wilful neglect of duty, of any corrupt con-
duct in the execution of the same, and be thereof convicted, he shall
be punished by a fine not exceeding five hundred dollars.
Sec. 3. If any person shall by bribery, menace or other corrupt For bribery
means or device whatsoever, either directly or indirectly attempt to
influence any elector of this Territory, in giving his vote or ballot,
or to deter him from giving the same, or disturb or hinder him in
the free exercise of the right of suffrage at any election within this
Territory, held pursuant to this chapter, and shall thereof be con-
victed, such person so offending and convicted shall be fined not
exceeding five hundred dollars.
Sec. 4. If any officer or other person shall call out or order any Forhindranc'
of the militia of this Territory, to appear or exercise on any day
during elections to be held by virtue of this charter, except in cases
of invasion or insurrection, or except in obedience to some civil
magistrate, to suppress riots or to enforce the law, he shall forfeit
the sum of one hundred dollars, to the county in which the offence
is committed.
Sec. 5. Every person who shall fraudulently or deceitfully change
the vote of any elector, by which such elector shall be prevented For fraud
from voting for such as he intended, shall forfeit fifty dollars to the
county in which the election is held.
Sec. 6. If any person shall at the same election, vote more than
once for the same candidate for the same office, or for different can-
didates for the same office, he shall, on conviction, be adjudged
guilty of a misdemeanor, and be fined not exceeding fifty dollars,
or imprisoned not exceeding three months.
Sec. 7. If any person, on any day, or at any time between the For destroy-
commencement of any election provided for in this chapter, and the ing ballots
close of the canvass thereof by the inspectors, shall, without the
authority of law, fraudulently destroy any of the ballots given and
received at such election, or take away or abstract from any ballot-
box any of the ballots so given or received, or put into such ballot-
box any ballots, unauthorized by the lawful permission of the in-
spectors he shall he deemed guilty of a misdemeanor, and shall, for









each offence, on conviction thereof, be punished by fine not exceed.
ing five hundred dollars, or by imprisonment not exceeding six
months, or by both.
n Sec. 8. It shall be lawful for a majority of the inspectors of any
ipajoritayof election held in pursuance of this chapter, to execute all the duties
tct and trusts required to be executed by the inspectors of any such
elections.
Comp'sation Sec. 9. Each inspector, and the clerk of any election, shall be
entitled to one' dollar a day for his services, under the provisions of
this chapter, to be paid by the county.
See. 10. The terms of office of the several county officers (ex.
cept those elected to fill vacancies) elected by the people of the
several counties, at the general election, shall commence on the
first Monday of January succeeding their election.
Aettotakeef- Sec. 11. This chapter shall take effect as a law from and after
feet its passage and approval; and all laws or parts of laws repugnant
to or inconsistent with the provisions of this act, be, and the same
are hereby, repealed.
Approved, 15th March, 1843.




No. II.
An act to establish the County Site of Santa Rosa county.
SECTION 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That from and after the passage of this
act, the County Site of Santa Rosa county shall be, and the same
is, hereby, established at a town called Milton, in said county.
Sec. 2. Be it further enacted, That all laws and parts of laws, so
far as they conflict with the provisions of this act be, and the same
are, hereby, repealed.
Approved 21st February, 1843.




No. III.
An act in relation to Executions.
Conditions of SECTION 1. Be it enacted by the Governor and Legislative Council
postponeme't of the Territory of Florida, That the defendant or defendants, or
of sae under any other person for, or on his, her or their behalf, in any execu-
tion or executions, or other process for the collection of money,
which has issued or may hereafter issue out of any of the courts of
law or equity in this Territory, shall have the right to postpone to
the first Monday in December, in each and every year, the sale of
Postponem't all property that has been levied on before and remains unsold after
the first Monday in April, in each and every year; and in like









banner, to postpone to the first Monday in December, in each and
every year, the sale of all property levied on as aforesaid, on and Defendantto'
from the first Monday in April to the first Monday in December, in give bond
each and every year, by giving bond to the proper officer, with good
and sufficient security, in double amount of the value of property to be
replevied, (which value the officer shall determine and fix,) payable
to the plaintiff in execution or other process, and conditioned for
the forthcoming of the property repl6vied, on the first Monday in
December next succeeding the date of such bond: Provided, how-
ever, That when real estate is levied on, the postponements con-
templated in this and the other sections of this act may, in all cases,
take place without bond.
Sec. 2. Be it further enacted, That if such defendant or defend-
ants, as aforesaid, shall, on or before the said first Monday in Per centagoe
December, pay to the plaintiff or officer holding such process, eleven and costs'
per cent. of the principal and interest of such execution or other
process, and all costs and commissions on the amount collected,
and shall renew said bond for the forthcoming of said property, on
the first Monday in February then next ensuing, said defendant or
defendants shall have the right to postpone the sale of said property
to said first Monday in February, and if said defendant or defend-
ants, shall pay as aforesaid, on said first Monday in February, eleven
per cent. on the original amount of the principal and interest of
such execution or other process, together with all costs that may
have accrued, and commissions on the amount actually collected,
and shall again renew said bond for the forthcoming of said proper-
ty on the first Monday in April next ensuing, then the sale of said
property may be postponed to said last mentioned day, when the
said defendant or defendants, by again paying eleven per cent. and Conditionsof
costs as aforesaid, on said execution or other process, and re- re-postpone-
newing said bond for the forthcoming of said property, on the first ment
Monday in December next ensuing said first Monday in April, said
sale shall be again postponed to the first Monday in December
thereafter, and so on, from one of said periods to another, until the
whole amount of said execution or other process is paid.
Sec. 3. Be itfurther enacted, That every officer having any such Officer shall
execution, or other process to execute, shall levy upon property levy
sufficient entirely to satisfy the same, if sufficient can be found;
and in default thereof, shall be held indebted to the plaintiff in such
execution or process, or party aggrieved, in a sum equal to the full
value of the property which he might lawfully have levied on, un-
less the same shall exceed the amount due on such process, in'
which case he shall be held liable to the party aggrieved in the
amount so due.
Sec. 4. Be itfurther enacted, That whenever a levy is made be-
tween the months of December and April, or in less than' thirty Shall post-
days of the first Monday in December, then the postponement of pone.
sale contemplated in the foregoing section shall be to the first Mon-
day in February or April, whichever shall first happen, provided
the space of thirty days shall intervene in the meantime, and







16

if less than thirty days intervene, then the postporrement shall
be to the next regular period in course, and the same payments
shall be made and the same bonds given, costs paid and postpone-
ments had, from time to time, respectively, as provided for in the
second section of this act: Provided, always, That such defendant
Proviso or defendants shall have the right, at any and all times, before the
sale of said property, on the payment of thirty-three per centum of
the amount of such execution or other process, and all costs as
aforesaid, and giving bonds as aforesaid, to postpone the sale
of said property for the space of one year from the time of such
payment, at the expiration of which time, if another payment of
thirty-three per cent. is made, costs paid, and new bond given, as
before provided for,said sale may be again postponed for one year,
and so on, from time to time, until the whole amount of said debt
is paid.
Sec. 5. Be it further enacted, That should a failure of payment
Sale must be of such per centage before mentioned occur on the arrival of any
made in case of said periods, the proper officer may proceed forthwith to ad-
of default vertise such property for sale, and such party so making default as
aforesaid, shall not be further entitled to avail him or herself of the
provisions of this act, except on paying all costs incurred by reason
of such default, and making a payment equal, and at the rate of
thirty-three per cent. per year, computing the time from the last
payment, or from the date of the replevy bond, if no payment has
been made, and in either case, a full payment shall be required at
the next regular period.
Sec. 6. Be itfurther enacted, That if the defendant or defend-
ants, at any of the times contemplated in this act, shall fail to make
the payment required at such time, and shall also fail to produce
on the day of sale the property replevied, the forthcoming bond
Bond forfeit- shall then be returned to the clerk's office from which the process
ed issued, as forfeited, and execution shall issue forthwith, as well
against the sureties for the value of the property replevied, as
against the principals, for the balance which may then be due, and
no further replevy of said property shall be permitted.
Sec. 7. Be it further enacted, That the provisions of An act
respecting executions," approved March the 5th, 1842, shall con-
tinue in force until the first Monday in April next, and no longer.
Sec. 8. Be it further enacted, That the first Monday in every
Sale days month shall be the regular day foi sales under execution, and no
sale by virtue of such process shall be made on any other day, ex-
cept where it may be necessary to continue the sale from day to day.
Sec. 9. Be it further enacted, That this act shall take effect from
Limitations and after the first Monday in April next, and continue in force two
years and no longer, and all acts and parts of acts conflicting with
the true intent and meaning of this act be, and the same are, here-
by, repealed.
Sec. 10, Be it further enacted, That this act shall not apply to
Exceptions executions issued for the collection of fines assessed under indict-
ment or information, nor shall it apply to cases where the judg-









ment has been recovered in action of tresspass vi et armis, special
actions on the case for fraud, deceit, slander, or any other cause
not founded on contract, either express or implied.
Approved 23d February, 1843.


No. IV.
An act to establish a County Site in Mosquito County.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the passage of Town of En.
this act, Enterprise, on lake Monroe, in the county of Mosquito, terprize.
shall be, and is hereby declared to be, the county site of said county,
and all suits that are or may be pending in the said county of Mos-
quito, shall be transposed to, and stand upon, the docket in the clerk's
office at said town of Enterprise.
Sec. 2. Be it further enacted, That all laws, and parts of laws,
so far as they conflict with the provisions of this act, be, and the
same are hereby, repealed.
Approved 24th February, 1843.



No. V.
An act to authorise Thomas Williams to establish a Toll Bridge across the
Chipola River.
SECTION 1. Be it enacted by the Governor and the Legislative
Council of the Territory of Florida, That Thomas Williams be, and
he is hereby, authorized to erect a toll-bridge across the Chipola
river, opposite the town of Marianna, in the county of Jackson.
Sec. 2. Be it further enacted, That the said Thomas Williams,
his heirs and assigns, shall at all times keep said bridge in good
repair, so that it shall be safe for the crossing of loaded waggons Rates of toll
and teams ; and that the rates of toll shall be regulated by the County tobe regula-
Court of Jackson county, from time to time : Provided, nevertheless, court
That the rights accruing under this charter shall be forfeited, unless
said bridge shall be kept in such good and substantial repair.
Sec. 3. Be it farther enacted, That the rights and privileges accru-
ing to the said Thomas Williams, his heirs and assigns, shall con-
tinue during the term of twenty years, and no longer.
Sec. 4. Be it further enacted, That if the said Thomas Williams
shall fail to erert the said bridge within two years from and after Bridgc to be
the passage of this act. then all the rights and privileges granted erected with-
by this act shall be forfeited. into years
Sec. 5. Be it further enacted, That no bridge shall be erected
within three miles of the said location, for the purpose of gather-
ing toll: Provided, nevertheless, That this law shall not be so con-
strued as to prevent the erection of a free bridge at any point on
said river.










Sec. 6. Be it further enacted, That the county may at any time
Co. may pur- have the privilege of purchasing said bridge from said Williams,
chase his heirs and assigns, on paying to him, or them, a fair price, to be
agreed upon by two indifferent persons, to be selected by the par-
ties, and in case of difference, by an umpire, to be selected by the
said arbitrators.
Approved 24th February, 1843.




No. VI.
An act to amend an act to authorize Abraham Milsted to build and establish a
Toll Bridge across the Big Escambia, in Escambia county.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the passage of
this act, the right given to Abraham Milsted by the above act, ap-
proved February 10th, 1838, to a right to build and establish a toll-
bridge across the Big Escambia, be, and the same is hereby, so
amended as to make it unlawful for any person, during the term for
which said privilege was granted, to erect any public bridge with-
in three miles of the same.
Approved 1st March, 1843.



No. VII.
An act to authorize Josiah King to establish a Ferry across the St. Marys river.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, T.at Josiah King be, and he is here-
by, authorized to establish and charged with the duty of keeping a
F:s years ferry on the St. Mary river, at the place known as King's Ferry,
on said river, for and during the term of ten years from and after
the passage of this act.
Sec. 2. Be it further enacted, That the said Josiah King, his heirs
and assigns, shall at all times keep a good and sufficient flat, or ferry
Cn9- to es- boat, to cross loaded waggons and teams; and he, or they, shall
tat rates receive such rates of ferriage as may be established from time to
time by the County Court of Nassau county, and shall be subject
to the order of said court.
Sec. 3. Be it further enacted, That it shall not be lawful for any
person or persons to establish a ferry within five miles of said ferry,
either above or below on said river, unless the same be toll free, or
for his or their individual use.
Actsubjectto Sec. 4. Be it further enacted, That this act shall at any time be
amendment subject to the amendment, modification or repeal, of any future
Legislative Council of the State or Territory of Florida.
Approved 1st March, 1843.











No. VIII.
An act to empower Patrick Augustus McGriff, a minor, to assume the manage-
ment of his own estate.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That Patrick Augustus M'Griff be
authorized to assume the management of his own estate, and that
the letters of guardianship which may have been issued in behalf
of said minor be, and the same are hereby, revoked.
Sec. 2. Be it further enacted, That all contracts heretofore enter- ers con-
ed into, and all other acts of whatever kind done and performed by ferred
the said Patrick Augustus M'Griff, shall be as valid and binding in
law as if he, the said M'Griff, had attained to the age of twenty-one
years.
Sec. 3. Be it further enacted, That this act shall not be construed
to relieve the guardian of said minor, from any responsibilities Limitation
imposed upon him or her in consequence of said guardianship, nor
to relieve him or her from accounting to said minor for the manage-
ment of his estate, up to the time of the passage of this act.
Approved 1st March, 1843.



No. IX.
An act to renew and amend an act to authorize Abraham Milsted to establish a
Ferry across the Escambia River.
SECTION 1. Be it enacted by the Governor and Legislatzve Coun-
cil of the Territory of Florida, That the right given to Abraham
Milsted by the above expired act, approved February 14th, 1835,
be, and the same is hereby, renewed and so amended as to extend Right renew-
the right to said ferry to the term of twenty years from the date of ed for twenty
this act, subject to all the restrictions contained in said renewed and years
amended act.
Sec. 2. Be it further enacted, That this act shall at any time be
subject to the amendment, modification, or repeal of any future
Legislative Council.
Approved 1st March, 1843.


No. X.
An act to establish an additional term of the County Court of Franklin county.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the passage of 2dMondayin
this act, there shall be holden in the county of Franklin a term of March
the County Court on the second Monday of March, in each and
every year.
Approved 1st March, 1843.











No. XI.
An act to be entitled an act to incorporate the Directors and Trustees of the
St. Andrews Bay Land Company.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That Jesse Coe, Richard H. Long,
Benjamin Wynn, William Booth, William Nickols, and Walter J.
Robinson, and their associates, and their successors and assigns,
are hereby constituted a body corporate and politic, under the name
and style of the "Directois and Trustees of the St. Andrews Bay
Land Company ;" and by that name, they, their heirs, successors,
and assigns, shall have perpetual succession, and shall be capable
Powers con- in law to purchase, hold, receive, retain, and enjoy, to them, their
ferred heirs, successors and assigns, lands, teneinents, goods, and chattles,
of any kind or description whatsoever, necessary to carry on the
business and concerns of said Company, and the same to grant,
mortgage, sell, and dispose of, agreeably to the provisions of certain
articles of association, entered into by said Corporation, and enti-
tled Articles ofassociation ofthe St. Andrews Bay Land Company,"
dated the fifth day of February, A. D. 1838, and recorded in the
office of the Clerk of the County Court of Jackson County, in said
Territory, on the second day of November, A. D. 1841 ; and shall
have power to sue and be sued, plead and be impleaded ; and to
make and use a common seal, and the same to break, alter, and
amend, at their pleasure; and to ordain, establish, and put in exe-
cution, such by-laws and regulations not inconsistent with the afore-
said articles of association as may be deemed necessary and expe-
dient by said Directors and Trustees for their government, and not
being contrary to the Constitution of the United States, and the laws
of this Territory.
Sec. 2. Be it further enacted, That the powers, rights and liabil-
ities of said Directors and Trustees and subscribers, to the said
articles of association, the purposes and objects of said company,
the stock thereof, and all the transactions and business of said com-
pany, shall be governed, regulated, defined, determined and exe-
cuted, in conformity with the articles of association aforesaid, and
said articles shall be held and recognized in law as valid and bind-
ing upon all interested in said company, and all other persons or
bodies corporate, whatsoever.
Sec. 3. Be it further enacted, That nothing contained in this char-
Restrictions ter shall be so construed as to give any banking privileges ; and
that this act shall be subject to be modified, amended, or repealed,
by any future Legislature of the State or Territory of Florida.
Approved 9 March, 1843.











No. XII.
An act to prevent apothecaries, druggists and other persons from selling, giving
or delivering poison to any slave, free negro, or free mulatto.
SECTION 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That from and after the passage of this
act, it shall not be lawful for any apothecary, druggist, or other
person to sell, give or deliver to any slave, free negro or free mu-
latto, any poison or poisonous drugs, and any person so offending, Penalty for
shall be liable to indictment, and, on conviction thereof, shall be violation.
fined in a sum not exceeding five hundred dollars, or imprisonment
not exceeding twelve months, at the discretion of the jury.
Sec. 2. Be itJurther enacted, That this act shall not he so con-
strued as to mean that, with a written permit from the master,
apothecaiies, druggists, or other persons, can sell, give or deliver
to any slave having snch permit, any poison or poisonous drugs.
Approved 9th March, 1843.



No. XIII.
An act entitled an act to repeal an act providing for the safe-keeping of the
records of Mosquito county, approved 2d February, 1838, and for other pur-
poses.
SECTION 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the aforesaid act be, and the same
is, hereby repealed, and that it shall be, and is, hereby, declared to
be the duty of the clerk of St. John's county, on or before the first Clerk of St.
John's co'y
day of May next, to turn over and deliver to the clerk of Mosquito todeliverup
county, all the books, records and papers of said county, to be re- the records
ceived and retained by the said clerk of Mosquito county, accord-
ing to law.
Sec. 2. Be it further enacted, That the Judge of said County
Court of Mosquito be, and is, hereby, authorized to order elections
to fill any vacancies that do or may exist in any county officers of
said county ; and all laws or parts of laws, so far as they conflict
with the provisions of this act be, and the same are, hereby, re-
pealed.
Sec. 3. Be it further enacted, That if the clerk of the County
Court of St. John's County shall fail to perform the duties by the
first section of this act required of him, upon a demand made by
the clerk of Mosquito county for the books, records and papers
belonging to the said county of Mosquito, he, the said clerk of St. Penalty for
Johns county, shall forfeit and pay the sum of five hundred dollars, neglect.
to be recovered in any court of competent jurisdiction, by action of
debt, one half for the use of an informer, the other half for the use
of Mosquito county aforesaid.
Approved 9th March, 1843.











No. XIV.
An act to alter and change the, time of holding the election for representative
of the Legislative Council for the county of Calhoun.
SECTION 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the election for representative to
the Legislative Council of the Territory from the said county of
Election,first Calhoun, shall hereafter be held on the fitst Monday in August, in
Mond. inAu- each and every year, under the rules and regulations heretofore,
gust or that hereafter may be prescribed by law.
Sec. 2. Be it further enacted, That all laws and parts of laws
that now exist or may he passed during the present session of the
Legislative Council be, and the same are, hereby, declared null and
repealed, so far as they conflict with the intent and meaning of this
act, as to the time of holding the election for representative to the
Legislative Council from the county of Calhoun.
Approved 9th March, 1843.



No. XV.
An act to alter and change the name of Nathaniel Bemis Patch.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the name of Nathaniel Bemis
Patch shall be, and is hereby declared to be, altered and changed;
and that henceforward, the said Nathaniel Bemis Patch shall be
known, and called, by the name of Nathaniel Patch Bemis.
Sec. 2. Be it further enacted, That this act shall take effect, and
be in force, from and after its passage and approval.
Approved 9th March, 1843.



No. XVI.
An act to authorize the County Court of Mosquito county, to raise a county
revenue.
SECTION 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That for the purpose of enabling the
County Court of Mosquito county to build a court house, clerk's
Tax on land office and jail, and for other county purposes, the presiding Judge
of said court be, and is, hereby, authorized to call an extra term of
his court and, a majority of all the justices of said county being
present and assenting thereto, to levy a tax on all lands which are
private property, not to exceed one cent. per acre: Provided,
That no tax shall be levied on any Spanish grant which has not
been recognized and allowed by the Government of the United
States.









Sec. 2. Be it further enacted, That oi the purpose of carrying
into effect the assessment and collection of the tax authorized to Provision for
be levied by the foregoing section of this act, the Judge of the Assessment
County Court be, and is, hereby, authorized to appoint such asses-
sors and collectors as he may deem necessary, and the tax, when
collected, shall be deposited in the county Treasury for county
purposes.
Approved 9th March, 1843.





No. XVII.
An act to authorize the construction of a canal, or railroad, from the Grand
Lagoon, in Escambia county, to the Perdido Bay.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That George Terrill be, and he is
hereby, authorized to construct a canal or railroad, with draws,
embankments, locks, and other fixtures, that may be necessary in
the construction of the said canal, or railroad, from any point on
the Grand Lagoon to any one on the Perdido Bay, for the transpor-
tation of goods, produce, and all articles whatsoever, and ma\, for
this purpose, have, exercise and use, free and uninterrupted, but not
exclusive control, over any waters of the said Grand Lagoon, or any o thae atuse
of the said arms of the Perdido, necessary to the construction of oftheLagoon
the said canal ; and, also, of all the waters, creeks and rivers, dis- &c.
charging themselves either into the said Grand Lagoon, or into
either the arms of the said Perdido Bay.
Sec. 2. Be it further enacted, That it shall be lawful for the said
George Terrill to enter upon, and take possession of, any lands To take pos-
whatsoever, whether covered with water or not, which may be sessionofany
necessary to the prosecution and completion of the works contem- lands
plated in this act : Provided, That no lands belonging to private
individuals, shall be taken for said purpose without adequate com-
pensation.
Sec. 3. Be it further enacted, That it shall be lawful for the said Timber, &c.
George Terrill, to take from any land most convenient to the said
canal, or railroad, at all times, such timber,'stone, earth and other
materials, as may be necessary for the construction of, and keeping
in repair, the said canal, or railroad : Provided, That nothing belong-
ing to private individuals shall be taken, without adequate compen- sc n-
sation.
Sec. 4. Be it further enacted, That whenever it shall become
necessary for the said George Terrill, or his assigns, to take pos-
session of, and use, any lands, timber, stone, earth, or other materi-
als, owned by private individuals, for the route and site of said works,
or for the construction, and keeping in repair the same, and the
parties do not agree upon the value of the same, it shall and may
be lawful for the said George Terrill, or his assigns, to apply to the









Valuation of Judge of the County Court, in which such lands, timber, stone, or'
such proper- other materials lie, for a writ of ad quod damnum, to be directed to
ty the marshal, sheriff, or other officer of said county, properly quali-
fied, to summon five disinterested persons being of lawful age, and
house-keepers, to meet and value the said property on oath, to be
administered by the marshal, sheriff, or other officer, summoning
them ; whose duty it shall be to attend such inquest in person, and
receive their report, and, also, receive from the said George Terrill,
or his assigns, the sum or sums of money adjudged by said report,
and pay over the same to the person authorized to receive it, and
take an acquital for the same ; and until payment is made to the
marshal, sheriff, or other officer aforesaid, of the sum awarded, it
shall not be lawful for the said George Terrill to take possession of
or use such lands, timber, stone, or other materials, and all the
expenses incurred in the execution of the writ of ad quod damnum,
shall be paid by said George Terrill, or his assigns, but the apprais-
ers shall not receive more than two dollars each per day, while
engaged in south duty and all property so assessed, and paid for by
the said George Terrill, agreeable to the provisions of this act, shall
forever after belong to the said George Terrill, his heirs and assigns,
in fee simple.
Collection of Sec. 5. Be it further enacted, That in case of a refusal or neglect
Toll, &c. to pay toll or freight, at the time of offering to pass through said
canal, or over said road, the collector of toll may lawfully refuse
passage, or may detain such freight after its passage, until such
freight is paid.
Sec. 6. Be it further enacted, That if any person shall wilfully
Protection do, or cause to be done, any injury to said canal or railroad, or any
of the works appendant or attached thereto, or shall in anywise
impede or obstruct the navigation of the same, or the travelling on
the said road, such person so offending shall be liable to be indicted,
and on conviction thereof, to be punished by fine not exceeding five
hundred dollars, or imprisonment not exceeding one year, at the
discretion of the jury.
Work must Sec. 7. Be it further enacted, That this charter shall be forfeited
commence in unless the work contemplated, be bona fide commenced within
one year twelve months, and completed within three years from and after
the approval of this act.
Approved 9th March, 1843.


No. XVIII.
An act relative to Auctioneers.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That it shall be the duty of all Aue-
Moneys to be tioneers to pay into the Territorial and County Treasuries respec-
paid semi-an- .
nually tively, all moneys which by law they are, or may be, required to
pay therein, semi-annually, on the first days of May and November.
For all moneys so paid into the Territorial Treasury, they shall









take duplicate receipts of the Territorial Treasurer, and file one of Take dupli-
them with the Auditor of Public Accounts ; and for all moneys so cate receipts.
paid into the County Treasury, they shall take duplicate receipts
of the County Treasurer, and file one of them with the said Audi-
tor ; which receipts shall be so filed at the times specified for making
such payments.
Sec. 2. Be it further enacted, That if any Auctioneer shall neglect
without just cause, proved to the satisfaction of the Auditor, upon faeultadende
notice to him for that purpose, to render his accounts at the times alty.
and in the manner now prescribed by law, or to pay into the Terri-
torial and County Treasuries all moneys, and file such receipts, as
above directed, within one month after the time herein appointed
for that purpose, such defaulting Auctioneer shall forfeit to the Ter-
ritory one hundred dollars ; which, together with all duties for which
he may be liable, and interest thereon, shall be recovered in an
action on his official bond ; and the Auditor shall direct the District
Attorney, for the district wherein such Auctioneer shall reside, to
institute legal proceedings therefore; he shall, also, report every
such delinquency to the Governor, who shall thereupon remove
such delinquent Auctioneer from office.
Approved 9th March, 1843.



No. XIX.
An act relative to Garnishments.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida. That Garnishees shall file their
answers at the first term of the court after the process is executed,
which shall be the appearance term, and a trial shall be had at the
next term thereafter, as in other cases.
Approved 9th March, 1843.




No. XX.
An act to amend an act to incorporate the City of Port Leon.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the Corporation of the City of Open and re-
Port Leon, is hereby authorized, and empowered, to keep in repair pair roads
the road from Port Leon to Magnolia, and the road from Port Leon
to Shell Point; and, also, to open and keep in repair, a road from
the Magnolia road to the Tallahassee road.
Sec. 2. Be it further enacted, That said Corporation is hereby Bridges and
authorized, and empowered, to establish all ferries and to build all ferries.
bridges on said roads, (except on the road between St. Marks and
Tallahassee,) within eight miles of Port Leon, as may be deemed









Proviso. proper : Provided, Such bridges do not impede navigation, and to
expend the funds of said Corporation in such a way as said Cor-
poration may deem best.
Sec. 3. Be it further enacted, That the election of Mayor and
l Aldermen for said Corporation, shall in future be held on the first
ect Monday in February, in each and every year, instead of the first
Monday of January as heretofore provided; and that the officers of
said Corporation, chosen or appointed to serve until the first Mon-
day in January next, heretofore elected and now in office, or here-
after to be elected, shall continue in office until the first Monday in
February, in each and every year respectively, and shall exercise
all power conferred upon them by law, in like manner as if they
had been originally elected, chosen or appointed, respectively, to
serve until the said first Monday in February.
Approved 9th March, 1843.



No. XXI.
An act to authorize John McClosky to build a Bridge and establish a Ferry across
Little Bayou, in Escambia County.
SECTION 1. Be it enacted by the Governor and Legislative Council
ofthe Territory ofFlorida, That John McClosky, of Escambia Coun-
ty, be and he is hereby authorized and vested with the right of
building a toll bridge, or establishing a Ferry or both if necessary,
across Little Bayou in said County, and he shall have the enjoy-
ment of the right of said bridge and ferry, or either, during the term
Bridge to be of twenty years, from the approval of this act: Provided, The rights
completed in herein granted shall be void, if the said bridge shall not be complet-
oneyear. ed within twelve months, or said ferry established within ninety
days after the passage of this act, and shall not at all times be suf-
ficient and safe, for transportation and passage of any four-wheeled
vehicle: And provided also, That no bridge shall be erected, which
shall obstruct the navigation of said Bayou.
Sec. 2. Be it further enacted, That the rights given by this act
shall be subject to all the regulations that now are, or may hereaf-
ter be made by law, and that this act shall be subject to the amend-
ment, modification, or repeal of any future Legislature of the Ter-
ritory or State of Florida.
Approved 10th March, 1843.


No. XXII.
An act entitled an act to amend an act to establish a Tariff of Fees.
SECTION 1. Be it entitled by the Governor and Legislative Council
of the Territory of Florida, That on all sums of money collected
under execution, or other legal process, by any Marshal, Sheriff,
or other officer in this Territory, there shall be allowed the follow-









ing commissions, to wit:-On the first three hundred dollars, where Commissions
there is an actual sale, the sum of three per cent., and on the first
three hundred dollars of all sums collected without sale, two per
cent. On all sums actually collected and received, exceeding three
hundred dollars and less than two thousand dollars, two per cent.;
and when collected without sale, one and a half per cent :-On all
sums exceeding two thousand dollars actually collected and receiv-
ed from sale, or sales, one and one-fourth per cent., and on all sums
actually collected and received, exceeding said sum of two thous-
and dollars, where there is no sale, one per cent.
Sec. 2. Be it further enacted, That if any Marshal, Sheriff, or
other officer, as aforesaid, shall under any pretence whatever, charge
commissions on sums not actually collected, and ready to be paid Penalty for
over to the person or persons entitled thereto, or shall charge com-
missions on a larger amount than that collected, or shall charge any
other or larger fees than are expressly authorized by law, or shall
in any other manner whatever be guilty of extortion in his office,
the person so offending shall be liable to indictment, and on con-
viction, shall be fined in a sum not exceeding five thousand dollars,
or imprisoned not exceeding twelve months, or may be both fined
and imprisoned, not exceeding in duration and amount, the limits
aforesaid, at the discretion of the jury.
Sec. 3. Be it further enacted, That wherever an execution is col-
lected in other funds than gold and silver, the officer collecting the
same shall receive his commissions in the currency, or funds col-
lected without discount.
Sec. 4. Be it further enacted, That it shall be competent for any
person or persons, feeling aggrieved by any charge made for costs, May be de-
by any such officer, to have the correctness of the same, determin- terminedbya
ed by a court and jury, on giving five days previous notice to the court and ju-
officer making such objectionable charge, stating in said notice, the ry.
time and place, when and where, the same shall be inquired into
and it shall be the duty of the clerk of the Court before which, such
officer is notified to appear, to enter such cause for trial on the day
specified in the notice aforesaid, and said cause shall be tried on
that day or as soon thereafter as practicable, reference being had
to the state of the business in which the court may on that day be
engaged : Provided, however, That, either party shall be entitled to
a continuance of the trial thereof, from time to time, by showing
sufficient cause to the court for such continuance.
Sec. 5. Be it further enacted, That it shall be the duty of the
court to administer to the jury empanelled to try the legality of such Juror's oath
charge, the following oath:--
You and each of you do solemnly swear, that you will truly
and faithfully examine whether in the matter of controversy be-
tween and said has been guilty of extortion and
a true verdict render, so help you God."
Sec. 6. Be it further enacted, That the jury in returning their ver- Jury to find
diet, if they find for the plaintiff, whether in a civil or criminal ac- the amount.
tion, shall also find the amount which has been improperly collect-









Judgment for ed, and thereupon, it shall be the duty of the court in which such
five times the trial is had, to enter up judgment for five times the amount found
amount by the jury as aforesaid, in favor of the plaintiff, on which judgment,
execution shall issue as in other cases.
Sec. 7. Be it further enacted, That all laws or parts of laws, so
far as they conflict with the true intent and meaning of this act, be,
and the same are hereby repealed.
Approved 10th March, 1843.


No. XXIII.
An act to Divorce Eliza Vaughan.
WHEREAS, it has been stated to this Legislative Council, that Wil-
liam Vaughan, of Nassau county, in the Territory of Florida, has
for many years past abandoned his wife, Eliza Vaughan, and
Preamble has wholly failed to provide means of support for her and her two
children ; and it.is further represented, that said Eliza Vaughan
is wholly unable to defray the expenses of a suit in Chancery, to
obtain a divorce : And whereas, the said Eliza Vaughan has
petitioned this Legislative Council, to be divorced from her afore-
said husband: Therefore, for the relief of the aforesaid Eliza
Vaughan,
Be it enacted by the Governor and Legislative Council of the Terri-
tory of Florida, That the marriage contract subsisting between the
said William Vaughan and Eliza Vaughan, be, and the same is
hereby, dissolved and annulled; and the said parties are hereby
absolutely divorced from the bonds of matrimony, as fully, absolute-
ly and entirely, as if they, the said William and Eliza, had never
been married.
Approved 14th March, 1843.


No. XXIV.
An act to alter and fix the Terms of the Superior Courts of the Apalachicola
District.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the terms of the Superior
Courts of the several counties in the Apalachicola District, shall be
held as follows, in each and every year:-
Spring Term-In the county of Franklin, on the second Monday
Spring Term in March. In the county of Calhoun, on the fourth Monday in
March. In the county of Jackson, on the first Monday in April.
In the county of Washington, on the third Monday in April.
Fall Term-In the county of Jackson, on the third Monday in
Fall Term October. In the county of Washington, on the third Monday in
November. In the county of Franklin, on the first Monday in De-
cember. In the county of Calhoun, on the third Monday in Decem-
ber.









Sec. 2. Be it further enacted, That an act to alter and fix the
terms of the Superior Courts of the Apalachicola District, approved
March the 4th, 1839, be, and the same is hereby, repealed; and
that this act shall be in force from and after its approval.
Sec. 3. Be it further enacted, That this act shall not take effect Totakeeffect
in the county of Franklin, until after the first of June next.
Approved 11th March, 1843.



No. XXV.
An act to organize the County of Wakulla.
SECTION 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the district of country included
within the following boundaries, to wit:-Beginning at the Gulf, oundaries
thence north on the range line between range two and three, until
it intersects the north boundary of section twenty-four, township
two, range two, south and east ; thence due west on that line, until
it strikes that Ocklockonee river; thence down the river, until it
strikes the Gulf ; and thence, along the line of the Gulf, to the point
of commencement, (including islands), shall constitute a county, to
be called the county of Wakulla.
Sec. 2. Be itfurther enacted, That the Governor of the Territory,
on the passage of this act, shall appoint a Judge of the County
Court of said county, to hold his office according to law.
Sec. 3. Be itfurther enacted, That the inhabitants of said county
be, and they are hereby, authorized, on the first Monday in April Co. officers.
next, and at the usual day thereafter, to elect such county officers
as by law are directed in the several counties of this Territory, and
in the same manner, and subject to the same duties, provisions and
responsibilities.
Sec. 4. Be it further enacted, That the said county of Wakulla,
shall be, and is hereby, declared to be in the Middle Judicial Dis-
trict of Florida.
Sec. 5. Be it further enacted, That a County Court for said coun- C .-- court .
ty, shall be holden at the county-site of said county semi-annually,
in each and every year,-the first term to be held on the third Mon-
day of April, and the second term on the third Monday of Novem-
ber, and regularly thereafter.
Sec. 6. Be it further enacted, That the Judge of the Superior
Court of the Middle District, shall be, and he is hereby, required un. Court.
to hold in said county, two terms of the Superior Court, in each
and every year,-the first to be holden on the third Monday in May,
and the other term on the first Monday in December.
Sec. 7. Be it further enacted, That all suits pending in the Supe-
rior or County Courts of Leon county, against any person, persons, Suits trans-
or corporations, residing in, or incorporated in the said county of
Wakulla, together with all proper originals or copies of papers, or
documents, whether criminal or civil, shall, on application with;,









ten days after notice to that effect, from the Clerks of the Superior
or County Courts, or other officers of said county of Wakulla, be
delivered over to them respectively; and the said suits, prosecu-
tions or causes, shall stand upon the Dockets in the courts of the
said county of Wakulla, as of the term to which they properly be-
longed in the county of Leon, and the clerks, marshals, or other
officers of Leon county, shall not be authorized to have, or demand,
any fees, until the said causes thus removed shall be decided in the
said county of Wakulla.
SSec. 8. Be it further enacted, That all moneys remaining in the
reasuCounty Treasury of the county of Leon, after the passage of this
act, shall be equally divided between the counties of Leon and
Wakulla, pro rata, according to population, to be determined by the
latest tax list: Provided, That all debts heretofore contracted by
the county of Leon for county purposes, shall be first liquidated and
paid.
Sec. 9. Be it further enacted, That the county-site of Wakulla
county, shall be fixed and determined by three commissioners, to
be elected on such day and in such manner as the county court may
ouny e. direct, by the persons entitled to vote for county officers ; who, being
duly sworn faithfully, and to the best of their skill and ability, to
discharge their duties, shall proceed to select the most eligible
place for the county-site, to lay off lots, and dispose of the same to
the best advantage, for the benefit of the county, make transfers of
the title on payment of the purchase money; also, to contract for
the building of a Court-House, and other buildings for said county.
Sec. 10. Be it further enacted, That until a county-site is select-
ed, as provided for by the provisions of this act, the courts for said
county shall be held, and public offices kept, at the town of Port
Leon.
Sec. 11. Be it further enacted, That from and after the passage
Represent've of this act, the county of Leon shall be entitled to three represen-
tatives in the Legislative Council and no more, and the county of
Wakulla one.
Sec. 12. Be it further enacted, That this act shall take effect from
and after its passage.
Approved llth March, 1843.



No. XXVI.
An act to incorporate the Grand Lodge of Florida.
Be it enacted by the Governor and Legislative Council of the Terri-
tory of Florida, That the Grand Master, the Deputy Grand Master,
and the Grand Wardens of the Grand Lodge of Florida for the time
Being, and their successors in office, be, and they are hereby, de-
Incorporation dared to be a Body politic and corporate, by the name and style of
the Grand Lodge of Florida, and as such shall be capable and lia-
ble in law, to sue and be sued, plead and be impleaded, and shall









be capable of purchasing or accepting, and being invested with a
title in real estate, of a lot or piece or parcel of land in the city of Powers.
Tallahassee, on which to build or erect a Masonio Hall, or such
other buildings and improvements as may be deemed needful, use-
ful, and necessary, for the said Grand Lodge of Florida, and to sell
and dispose of the same, or any part or parcel thereof, and make
deed or deeds of conveyance for the same, and to purchase another
lot or piece or parcel of land, if need be for the purpose of build-
ing and erecting a Grand Masonic Hall, for the use and property
of the said Grand Lodge of Florida, and to do and perform all man-
ner of things to and with the said lot, and piece or parcel of land
and premises, that a natural person might of right do and perform.
Approved 14th March, 1843.



No. XXVII.
An act to amend an act to organize and regulate the Militia of the Territory of
Florida.
SECTION 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That from and after the passage of this
act the fines for default of attendance at company, Battalion, or
Regimental Musters, shall be as follows:-
Regimental, three to ten dollars, at the discretion of the Court Fines.
Martial.
Battalion, two to five dollars.
Company, one to two dollars.
And the officers' uniform shall consist of a blue coat and sword. Fieldofficersi
Sec. 2. Be it further enacted, That all field officers shall be uni- uniform.
formed in the uniform adopted by the regulations of the Army of
the United States.
Approved 14th March, 1843.



No. XXVII.
An act to amend an act entitled an act to incorporate the Town of Quincy.
Be it enacted by the Governor and Legislative Council of the Ter-
ritory of Florida, That the operation of all ordinances of the Town
Council of the Town of Quincy, so far as the same may be intend- the operation
ed for the preservation of the peace, health, good order, and moral- ofitsordman-
ity of society, shall extend to the distance of one half mile beyond ces.
the present corporate limits of the said town; Provided, That this
act shall not be so construed as to authorize the said Town Coun-
cil to levy tax, for the purpose of revenue, either upon the persons
or property of the citizens, embraced within the limits newly as-
signed.
Approved 14th March, 1843.












No. XXIX.
An act to organize the Alachua County Troop.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the mounted uniform company
in the county of Alachua, shall be, and the same is hereby,.consti-
tuted and declared to be an independent volunteer company, to be
called the Alachua County Troop.
Officers and Sec. 2. Be it further enacted, That the officers of said company
privates, shall consist of one captain, one first lieutenant, one second lieu-
tenant, one ensign, four sergeants and four corporals ; and that the
numberof privates may be increased to one hundred, by the voluntary
enrollment of any qualified person residing within the limits of
Alachua county.
Commissions Sec. 3. Be it further enacted, That the officers already chosen
and elected by said company, and commissioned by the Governor
of this Territory, shall remain and continue in the respective com-
mands to which they have been so elected and commissioned,
during pleasure or good behavior, or until removed by the proper
authority, to wit:-Alexander M'Kay as captain, Samuel Wilson
as first lieutenant, Joseph J. Knight as second lieutenant, and Isaac
B. Blanton as ensign ; and whenever any vacancy shall occur, in
any of the above offices, it shall be the duty of the officer highest
in rank to order an election to fill such vacancy.
Regulations. Sec. 4. Be it further enacted, That the said company may adopt
rules and regulations by the voice of a majority of the members,
and the assent of the captain ; which, when approved by the com-
mander-in-chief, shall be binding on said company : Provided,
always, That the same be not repugnant to the laws of this Ter-
ritory.
Sec. 5. Be it further enacted, That said company shall be mus-
Musters. tered, and appear in full uniform, at least twice in each year, fully
equipped and prepared for drill, parade and inspection, at such time
and place as may be designated by the rules and regulations of said
company, to be adopted under the fourth section of this act; and
shall, also, at all times be liable to be called out by the General
commanding the brigade, or the Colonel commanding the regiment
to which it is attached, but shall be exempt from all other and fur-
ther duty under the militia laws of this Territory, save that of attend-
ing regimental reviews.
Sec. 6. Be it further enacted, That reports and returns of said
Returns, &c. company, shall be made to, and through, the staff of the General
commanding the brigade to which it belongs ; and that said compa-
ny shall be entitled to procure a stand of colours, and, at dress
parades of inspection or drill, appear with the same displayed agree-
ably to the usages of war ; and the Governor of this Territory be,
and he is hereby, required to cause said company to be furnished
with a sufficient number of rifles and other accoutrements, upon the









requisition and receipt of the captain, or commanding officer of said
company : Provided, That nothing contained in this act, shall be Proviso.
so construed as to authorize the Governor of the Territory, or future
State of Florida, to furnish arms, or other equipment, at the expense
of the said Territory or State.
Approved 14th March, 1843.


No. XXX.
An act to change the Northern line of the County of Wakulla.
Be it enacted by the Governor and Legislative Council of the Terri-
tory of Florida, That the northern boundary line of the County of
Wakulla shall be as follows, to wit:-
To commence at the northern line of section thirty six, in town- Boundary.
ship two, range two, South and East, and thence due West on said
line to Ocklockonnee River, which boundary shall be in the place
of the northern line of said county specified in the act establishing
said county.


No. XXXI.
An act to regulate commissions for the collection of money.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That from and after the passage of
this act, it shall not be lawful for any solicitor, attorney at law, or
general or special agent to charge more than five per cent. on claims
placed in his or their hands for collection, unless a specific contract Five percent
in writing between the parties, exists, to the contrary ; nor shall
such charge be made except on amounts actually collected.
Approved 14th March, 1843.


No. XXXII.
An act to amend an act in relation to Sheriffs and the Clerks of the Superior and
County Courts of Washington County.
SECTTON 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That the Sheriff and Clerk of the Coun-
ty Court, and Clerk of the Superior Court, of the County of Wash-
ington, be, and they are hereby authorized and allowed to keep their
offices at their respective homes or places of abode, but nothing O
herein contained shall be so construed as to prevent the Sheriff Oflces.
and clerks of said Courts, to have all the papers and books of their
respective offices, at the Court House during the session of the dif-
ferent courts, or at any other time when required.
Sec. 2. Be it further enacted, That the third section of an act ap-
proved 12th of February 1834, so far as it conflicts with the provis-
ions of this act, be, and the same are hereby repealed.
Approved 15th March, 1843.











No. XXIII.
An act to reduce and fix the compensation of certain Territorial officers.
Salaries. SECTION 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That from and after the passage of this
act, the compensation of the Auditor and Treasurer for the Territory
of Florida, shall be three hundred dollars each per annum, and no
more, and that the Commissioner of t!:e Tallahassee fund be allow-
ed the sum of four hundred dollars per annum, and no more.
Sec. 2. Be it further enacted, That all laws and parts of laws, so
far as they conflict with the true intent and meaning of this act, be,
and the same are hereby repealed.
Approved 15th March, 1843.



No. XXXIV.
An act concerning the Revised Statutes.
SECTION 1. Be it enacted by the Governor and Legislative Council
Not to go in- of the Territory of Florida, That none of the chapters of the re-
to effect. vised statutes reported by the reviser to the present do ricil, shall
take effect, or be printed as laws, until such time as tl.e council
shall hereafter prescribe, excepting the chapter entitled Elections,
which shall go into operation immediately, excepting that part of
Exception. said chapter, which relates to county commissioners; and that the
chapters or bills not passed, or unacted upon at the present session,
be carefully collected by the Chief Clerk of the House, and the
Secretary of the Senate, and deposit I with the Secretary of the
Territory, for safe keping, to he submitted to the next Council.
Approved 15th March, 1843.




No. XXXV.
An act concerning School Lands.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
Commission- cil of the Territory of Florida, That the sheriff of the several coun-
ers. ties of this Territory, be, and they are hereby, declared to be com-
missioners of school lands, for their respective counties.
Sec. 2. Be it further enacted, That it shall be the duty of the
said commissioners, to take charge of all the school lands in their
Trespass. respective counties, and protect the same from intrusion and waste;
to rent them out before the Court-House door, at public outcry to
the highest bidder, on the first Monday in January, in each and
every year, in such parcels as in his discretion shall be deemed
most advantageous, for the term of one year, and no longer; and
shall give twenty days notice of the time and place of offering such







35

land for rent, by advertisement at three public places in the county
in which such land lays ; and the commissioner is hereby vested
with authority to execute leases for such lands, and to do all other Proviso.
acts and things, necessary and proper, to carry into effect the pro-
visions of this act: Provided, That the provisions contained in
this act, shall not extend to the leases made by the trustees of
Jefferson County Academy, in conformity with an act approved
eleventh February, 1838, authorizing said trustees to lease for a
term of years, the school lands therein named, and to appropriate
the proceeds thereof.
Sec. 3. Be it further enacted, That when the said lands are offer-
ed for rent, unless a reasonable price, in the opinion of the commis-
sioner, is offered, they shall not be rented, and the commissioner
shall in all cases require good and sufficient security for the pay-
ment of the rent.
Sec. 4. Be it further enacted. That the commissioners shall fur- Commission-
nish to the treasurer of their respective counties, on the first Mon- ers to furnish
day in January, in each and every year, a correct statement of statements.
school lands by then respectively rented, the terms on which they
are rented, and to whom. They shall, at the same time, pay into
the hands of the County Treasurer of their respective counties, the
proceeds of such lands, accompanied with a statement in writing of
the particular township from which the said proceeds have been
realized, and what amount accrued from each of said townships.
Sec. 5. Be it further enacted, That the commissioner shall depos- S
ite in the County Court office, all leases and other contracts in leases, &c in
relation to school lands ; and it shall be their duty to seek out, and the co.clerk's
bring actions against, all trespassers on said lands in their respec- office.
tive counties; and in all cases of recovery in such actions, the
commissioners shall be entitled to receive the sum of five dollars,
to be taxed in the bill of costs against the defendant : Provided,
That in case of the inability of the defendant to pay the said five
dollars, the Territory shall not be liable for the same.
Sec. 6. Be it further enacted, That all suits necessary to be
brought, to carry into effect the provisions of this act, shall be
brought in the name of the Territory of Florida, to the use of the Bringing suit
commissioner of the county in which land may lay, and shall be
prosecuted by the District Attorney for the district in which such
county is situated, who shall receive a fee of five dollars in every
case of recovery, to be taxed in the bill of costs against the defen-
dant ; and in all cases where judgment shall be rendered in favor
of the defendant, the costs of the suit shall be defrayed by the com-
missioner of said county, out of any money in his hands arising
from said school lands.
Sec. 7. Be it further enacted, That the commissioners shall be
entitled to retain, out of the rents of school lands in their respec-
tive counties, ten per centum of the amount that comes into their
hands as a commissioner.
Sec. 8. Be it further enacted, That on failure of the commissioner
to attend to the duties by this act assigned him, he shall forfeit and









pay the sum of five hundred dollars ; to be recovered by action of
debt, by any person who may prosecute the same, in any court
having jurisdiction, one half the sum so recovered, to the use of the
informer, and the other to the use of the county.
Sec. 9. Be it further enacted, That the said commissioner, before
Commission'rhe enters on the duties of his office, shall take and subscribe an oath
to take oath f te"g
and vebo before the Juge of the County Court, in their respective counties,
faithfully to discharge the duties of his office, and shall execute a
bond in a sum to be prescribed by the County Courts of the respec-
tive counties, not to exceed five thousand dollars, payable to the
Governor of Florida, and his successors in office, with two good
and sufficient securities, to be approved by the respective Judges
of the County Courts, conditioned for the correct and faithful per-
formance of the duties of his said office, which bond shall be record-
ed in the office of the Clerk of said Court, and filed therein.
Appropriat'n Sec. 10. Be it further enacted, That the fund accruing from the
of tnds, school lands, shall be appropriated by the County Court, (when sit-
ting for the transaction of county business), to the education of the
poor children of the county in which such lands are situated, in
such manner as shall, in their discretion, be judged most appro-
priate.
Sec. 11. Be it further enacted, That the following acts, in rela-
tion to school lands, approved llth February, 1832, the 15th Feb-
ruary, 1834, the 13th February, 1836, the 12th February, 1837, and
an act approved the 4th March, 1842, be, and the same are hereby,
repealed.
Approved 15th March, 1843.




No. XXXVI.
An act for the preservation of the Seminary Lands, granted by Congress for a
Seminary of Learning, aid the disposition of the fund arising from the lease
thereof
SECTION 1. Be it enacted by the Governor and Legislative Council
Trustees and of the Territory of Florida, That the Governor of the Territory shall
their duties. at each session of the Legislative Council, by, and with the advise
and consent thereof, appoint five Trustees who shall be styled,
The Trustees of the Seminary Lands," whose duty it shall be, to
take charge thereof, to protect the same from waste, injury, or tres-
pass-to lease the same out from year to year, either at auction or
privately, in such manner as will best advance the interest of the
fund-to make contracts by their said name, and sue therefore, and
release the same-distrain for rent-eject tenants for non-compli-
ance with contracts, and do other acts such as a corporate body
may do in reference to the trust hereby confided. That said Trus-
tees shall keep a journal of their proceedings, and shall act alone
by a majority of the board, and their action shall be through their
President, or through agents properly appointed.









Sec.2. Be itfurther enacted, That said Trustees shall take charge
of the fund named, or to be obtained from Congress under the act Trustees to
for the distribution of the proceeds of lands amongst the States and take charg'of
Territories, and also the Seminary fund in the Treasury, and the the land fund
sum due from rent or occupancy of said Lands, which fund shall
be loaned on bond and mortgage of real estate, unincumbered, and
of unquestionable title, at eight per cent. interest, payable annually.
Sec. 3, Be it further enacted, That said Trustees shall receive
no compensation for their services.
Sec. 4. Be it further enacted, That said Trustees shall make an
annual report to the Governor and Council, at the commencement Make report.
of each session, of their acts and doings, receipts, contracts, &c.
state of the fund, location of the land, value &c., to whom rented,
price &c.
Sec, 5. Be it further enacted, That persons in possession of Sem- Trespass.
inary Lands who shall refuse to deliver possession thereof when
required, or who shall hereafter locate on said Lands without per-
mission of said Trustees, shall be liable to be indicted, and on con-
viction thereof, be fined in a sum not exceeding'four hundred dol-
lars, or imprisoned not exceeding one year, at the discretion of a
jury.
See. 6. Be itfurther enacted, That said Trustees shall collect for
rent, or for use and occupation, from such persons as have hereto- Rent.
fore occupied any part of said Lands, such sum as may be adjudg-
ed, a fair compensation for the use thereof, and may institute suit
therefore if iecessarv.-
Approved 15th March, 1843.



No. XXXVII.
A-n act to amend the law concerning Depositions.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That where a witness whose testi- When depo-
mony is wanted in any civil cause pending in this Territory, shall "itions may
live more than thirty miles from the place of trial, or shall be about be taken.
to go out of the Territory, and not to return in time for the trial, or
is so sick, infirm, or aged, as to make it probable that he will not
be able to attend at the trial, his deposition may be taken in the
manner hereinafter provided.
Sec. 2. Be it further enacted, That at any time after the cause is
commenced by the service of process, or after it is submitted to ar-
bitrators or referees, either party may apply to any justice of the Notice to be
peace, who shall issue a notice to the adverse party, to appear be- issued.
fore the said justice or any other justice of the peace, at the time
and place appointed for taking the deposition, and to put such inter-
rogatories as he may think fit.
Sec. 3. Be it further enacted, That the said notice may be served
on the agent or attorney of the adverse party, and shall have the









ame effect as if served on the party himself. When there are seven
eral persons, plaintiffs or defendants, or parties on either side iq
the cause, a notice served on either of them shall be sufficient.
Sec. 4. Be itfurther enacted, That the notice shall be served by
delivering an attested copy thereof to the person to be notified, or
.Mannerofser- by leaving such copy at his place of abode, allowing in all cases
ving notice. not less than twenty-four hours after such notice, before the time
appointed for taking the deposition; and also allowing time for his
travel to the place appointed, after being notified, not less than at
the rate of one.day (Lord's day excluded) for every twenty miles'
travel.
Verbally. Sec. 5. Be it further enacted, That instead of the written notice
before prescribed, the notice may, in all cases, be given verbally
by the justice taking the deposition, or it may be wholly omitted,
if the adverse party or his attorney shall in writing waive the right
to it.
Sec. 6. Be it further enacted, That the deponent shall be sworn
Swearing. or affirmed to testify the truth, the whole truth, and nothing but the
truth, relating to the cause for which the deposition is taken ; and
he shall then be examined by the justice, and by the parties, if they
think fit, ard his testimony shall be taken in writing.
Sec. 7. Be it further enacted, That the party producing the de-
Written in- ponent, shall be allowed first to examine him, either upon verbal or
terrogatories. written interrogatories, on all the points which he shall deem mate-
rial ; and then the adverse party may examine the deponent in like
manner-after which, either party may propose such further inter-
rogatories as the case may require.
Sec. 8. Be it further enacted, That the deposition shall be writ-
ten by the justice or by the deponent, or by some disinterested per-
son, in the presence and under the direction of the justice ; and it
shall be carefully read to or by 'the deponent, and shall then be
subscribed by him.
Certificate. Sec. 9. Be itfurther enacted, That the justice shall annex to the
deposition a certificate of the time and manner of taking it, the per-
son at whose request, and the cause or suit for which it was taken,
and the reason for taking it, and stating also whether the adverse
party attended ; and if not, stating the notice, if any, that was given
to him.
Sec. 10. Be it further enacted, That the deposition shall be de-
livered by the justice to the court, or arbitrators, or referees, before
whom the cause is pending, or shall be enclosed and sealed by
him, and directed by them, and shall remain sealed until opened
by the said court, arbitrators, or referees.
Sec. 11. Be it further enacted, That every objection to the com-
Objections. petency or credibility of the deponent, and to the propriety of any
questions put to him, or of any answers made by him, may be made
when the deposition is produced, in the same manner as if the wit-
ness were personally examined on the trial: Provided, That when
any deposition is taken upon written interrogatories, all objections to
any interrogatory shall be made before it is answered; and if the










interrogatory is not withdrawn, the objection shall be noted th'ereon,
or otherwise the objection shall not be afterwards allowed.
Sec. 12. Be itfurther enacted, That when the plaintiff in any suit
shall discontinue it, or become non-suit, and another suit shall af- may Dbe use
terwards be commenced, for the same cause, between the same in a second
parties or their respective representatives, all depositions lawfully suit.
taken for the first suit may be used in the second, in the same man-
ner, and subject to the same conditions and objections, as if original-
ly taken for the second suit: Provided, That the deposition shall
have been duly filed in the Court where the first suit is pending, and
shall remain in the custody of the Court, from the termination of the
first suit until the commencement of the second.
Sec. 13. Be it further enacted, That any witness may be sum-
moned, and compelled to give his deposition, at any place within Summoning
twenty miles of his place of abode, in like manner, and under the witnesses.
same penalties, as he may be summoned and compelled to attend as
a witness in any court.
Sec. 14. Be it further enacted, That when any person shall be
desirous to perpetuate the testimony of any witness, he shall make a Perpetuating
statement in writing, setting forth briefly and substantially his title, testimony.
claim, or interest in or to the subject, concerning which he desires
to perpetuate the evidence, and the names of all other persons inte-
rested or supposed to be interested therein, and also'the name of the
witness proposed to be examined, and shall deliver the said state-
ment to two justices of the peace, one of whom shall be either a
judge or register of probate, a clerk of the superior court, a master in
chancery, or a counsellor at law, requesting them to take the deposi-
tion of the said witness.
Sec. 15. Be it further enacted, That the said justices shall there-
upon cause notice to be given of the time and place appointed for ta-
king the deposition, to all persons mentioned ih said statement as
interested in the case; which notice shall be given in the same man-
ner as is prescribed in this chapter, respecting notice upon taking a
deposition in this Territory, to be used in any cause here pending.
Sec. 16. Be it further enacted, That the deponent shall be sworn
and examined, and his deposition shall be written, read, and subscri-
bed, in tie same manner as is prescribed respecting the other depo-
sitions before mentioned ; and the justices shall annex thereto a
certificate under their hajids, of the time and manner of taking it,
and that it was taken in perpetual remembrance of the thing ; and
they shall also insert in the certificate the names of the person at
whose request it was taken, and of all those who were notified to at-
tend, and of all who did attend the taking thereof.
Sec. 17. Be itfurther enacted, That the deposition, with the cer- Depositions,
tificate, and also the written statement of the party at whose request certificate&c
it was taken, shall, within ninety days after the takiilg thereof, be toberecord'd
recorded in the registry of deeds in the county where. the land lies,
if the deposition relates to real estate ; otherwise, in the county
where the parties, or some of them, reside.
Sec. 18. Be it further enacted, That if any suit shall, either -t tbh







40

time of taking such deposition, or at any time afterwards, be pend-
ing between the person at whose request it was taken, and the per-
sons named in the said written statement, or any of them, who were
notified as aforesaid, or any persons claiming under either of the
said parties, respectively, concerning the title, claim; or interest, set
forth in the statement, the deposition so taken,.or a certified copy
of it, from the registry of deeds, may be used in such suit, in the
same manner, and subject to the same conditions and objections, as
if it had been originally taken for the said suit.
Sec. 19. Be it further enacted, That any witness may be sum-
moned, and compelled to give his deposition in perpetual remem-
brance of the thing, as before prescribed, in like manner, and under
the same penalties, as are provided in this chapter respecting other
depositions taken in this Territory.
Sec. 20 Be itfurther enacted, That depositions to perpetuate the
Manner ofta- testimony of witnesses living without the Territory, may be taken
king deposi- in any other State, or in any foreign country, upon a commission to
tions out of be issued by the Superior Court, or court of the county, in the man-
the Territory ner hereinafter provided :-The person who proposes to take the.
deposition, shall apply to either of the said courts, and file therein a
statement like that before prescribed, to be delivered to the justice
of the peace, upon taking such a deposition within this Territory;
and if lthe subject of the proposed deposition relates to real estate
within this Territory, the statement shall be filed in the county
where the land, or any part thereof, lies ; otherwise, in the county
where the parties, or some of them, reside.
Sec. 21. Be Ut further enacted, That the court shall order notice
Notice to the of such application and statement to be served on all the persons
adverse party mentioned therein as adversely interested in the case, aod living
within the Territory ; which notice shall be served fourteen days,
at least, before the time therein appointed for hearing the parties.
Sec. 22. Be it further enacted, That if, upon such hearing of the
parties, or of the applicant alone, should no adverse party appear,
and the court shall be satisfied that there is sufficient cause for ta-
king the deposition, they shall issue a commission therefore, in like
manner as for taking a deposition to be used in any cause pending
in the same court.
Sec. 23. Be itfurther enacted, That the person who proposes to
take the deposition, may at his election file his statement in the
clerk's office in vacation, and may cause notice thereof to be given
to the persons therein named as adversely interested, and by serv-
ing them with an attested dopy of the said statement fourteen days
at least before the next term of the court; and the court may there-
upon proceed to hear the parties, and to issue the commission as
before provided.
Witnesses. Sec. 24. Be it further enacted, That any witness may be sum-
moned, and compelled in like manner, and under the same penalties
as are prescribed in this chapter, to give his deposition in any
cause pending in a court in any other state or government; which
deposition may be taken before any justice of the peace in this









Territory, or before any commissioners that may be appointed under
the authority of the state or government in which the suit is pend-
ing; and if the deposition is taken before such commissioners, the
witness may be summoned, and compelled to appear before them,
by process from any justice of the peace in this Territory.
Sec. 25. Be it further enacted, That no person shall be deemed Competency
an incompetent witness by reason of having committed any crime, of witnesses.
unless he has been convicted thereof in this Territory ; but the con-
yiction of any person, in any court without the Territory, of a crime
which, if he had been convicted thereof within this Territory,
would render him an incompetent witness here, may be given in ev-
idence to affect his credibility.
Sec. 26. Be it further enacted. That the records and judicial pro- Court records
ceedings of any court of another state, or of the United States, admissible in
shall be admissible in evidence in all cases in this Territory, when evidence.
authenticated by the attestation of the clerk, prothonotary, or other
officer having charge of the records of such court, with the seal of
such court annexed.
Sec. 27. Be it further enacted, That the printed copies of all sta- Pricted cop-
tutes, acts, and resolves of the commonwealth, whether of a public iesofactsand
or private nature, which shall be published under the authority of resolutions.
the government, shall be admitted as sufficient evidence thereof, in
all courts of law, and on all occasions whatsoever.
Sec. 28. Be it further enacted, That printed copies of the statute
laws of any of the United States, or of the Territories thereof, if
purporting to be published under the authority of the respective
governments, or if commonly admitted and read as evidence in their
courts, shall be admitted in all courts of law, and on all other oc-
casions, in this Territory, as prima facie evidence of such laws.
Sec. 29. Be it further enacted, That the unwritten or common
law of any of the United States, or of the Territories thereof, may
be proved as facts by parol evidence ; and the books of reports of
cases adjudged in their courts, may also be admitted as evidence of
such law.
Sec. 30. Be it further enacted, That the existence, and the tenor
or effect, of all foreign laws, may be proved as facts, by parol evi-
dence ; but if it shall appear that the law in question is contained
in a written statute or code, the court may, in their discretion, re-
ject any evidence of such law, that is not accompanied by a copy
thereof.
Approved 15th March, 1843.




No. XXXVIII.
An act to amend the Law in reference to Executions and Attachments.
Be it enacted by the Governor and Legislative Councilof the Ter- Bondsdouble
ritory of Florida, That claim Bonds, and Replevy Bonds, whether theamountof
under Execution or Attachment, shall be for double the value of the the property
6 claimed.









property claimed, and not in double the amount of the Execution or
Attachment.
Approved 15th March, 1843.


No. XXXIX.
An act to revive in part the Revenue Laws, and provide for a Territorial
Revenue.
WHEREAS, for several years last past, the operation of the revenue
Preamble laws has been suspended; by reason whereof, a considerable
balance has accumulated against, and is due from, the Territory
to sundry of her inhabitants; for the payment whereof no means
have been provided, to the disrepute of the Territorial Govern-
ment, and to the prejudice of the public creditors-paralizing
credit, diminishing labor, embarrassing her creditors, and with-
holding the payment of just demands,-for remedy whereof,
Tax on and SECTION 1. Be it enacted by the Governor and Legislatmve Coun-
S il of the Territory of Florida, That in addition to the revenue now
derived from auction sales, fines, and other sources, there be assess-
ed on all lands, which are private property, a tax after the rate of
one quarter of a cent per acre, on all first quality lands ; and one
Proviso. eighth of a cent per acre, on all other lands: Provided, however,
tax shall be levied on no Spanish grant, unless the same shall have
been recognized and allowed by the Government of the United
States.
Sec. 2. Be it further enacted, That for the purpose of carrying
Assessment into operation the assessment and collection of the land tax afore-
andcollection said, that an act concerning tax collectors and for other purposes,
approved March 4th, 1839, (except the eighth section of said act);
and also, the first, second, third, fourth and fifth sections of an act,
approved November 22d, 1829, entitled an act to amend an act enti-
tled an act to raise a revenue for the Territory of Florida, approved
November 22d, 1828, be, and the same are hereby, revived, and
declared to be in full force and operation.
Sec. 3. Be it further enacted, That in case of injunction to pre-
vent the collection of taxes under this act, it shall be the duty of the
District Attorney of the district to attend to the same, and in case
of success he shall be entitled to a fee of fifty dollars, to be taxed
with the costs of the suit.
Sec. 4. Be it further enacted, That all agencies of banks, situa-
Tax on bank ted in this Territory, shall pay a tax of two hundred and fifty dollars
agencies. per annum.
Sec. 5. Be it further enacted, That this act take effect, and be in
operation, from and after the approval of the same by the Governor.
Approved 15th March, 1843,












No. XL.
An act to prevent Jailors from releasing Runaway Negroes until the conditions
therein expressed are complied with.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That in all cases of the apprehen-
sion of Runaway Negroes, and their delivery to any Jailor within Runaways to
said Territory, it shall be the duty of the person so apprehending be delivered
or delivering said Negro to the end of securing the reward offered to Jailorwith
written ins-
for such apprehension and delivery, to furnish said Jailor with a auctions.
copy in substance of the advertisement offering said reward, ac-
companied with written instructions, not to deliver said Negro on
the application of the owner or other person, until such reward be
paid, and to require of the Jailor a receipt for said copy, and in-
structions.
Sec. 2. Be it further enacted, That whenever the terms of the
first section of this act are complied with, if the Jailor shall deliver
said Negro, without first securing the amount of said reward, and Jailor's duty.
paying it over to the party interested in the same, on his application
therefore, he shall on suit being brought in any court, having juris-
diction of the same, forfeit and pay to said party double the amount
offered in said reward.
Approved 15th March, 1843.





No. XLI.
An act to establish Warrants or Drafts upon the Territorial Treasury, where
the same have been lost or mislaid.
SECTION 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florzda, That in all cases where warrants upon Public notice
the Territorial Treasury shall be lost or mislaid, and the party shall
wish to establish a copy thereof, on giving notice in some public
gazette, for twenty-one days, of the fact of said loss, and of his
intention to apply for the re-issue of said warrant or draft, it shall
be the duty of the Auditor to re-issue the same : Provided, The
party applying for such warrant or draft, shall give bond and secu-
rity in double the amount thereof, conditioned to indemnify the
Territory against all demands it may thereafter be required to pay, Provisos.
in consequence of the original warrant or draft: And provided, also,
That the party applying therefore shall make affidavit that the said
warrant or draft has been lost, mislaid, or destroyed, without any
design of said party, and in case of loss, that he has made diligent
search therefore, and cannot find the same.
Approved 15th March, 1843.











No. XLII.
An act to authorize William Faill to establish a ferry across the St. John's Riv-
er, at Enterprize.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That William Faill. of the County
of Mosquito, be, and is hereby authorized and vested with the right
of establishing a ferry across the St. John's river at a place known
For the term as Enterprize, and that the above named William Faill, his heirs,
often years. executors or administrators, shall keep the said ferry with suitable
Boats and Flats in good order for the passage of carriages and other
vehicles, for the term of ten years front and after the passage and
approval of this act, and should the said William Faill, his heirs,
executors or administrators fail to establish a ferry, and furnish the
necessary Boats or Flats for the above named ferry, for the period
of six months from and after the passage of this act, then his right
to establish a ferry at the above named place shall be void.
Sec. 2. Be it further enacted, That it shall be unlawful for any
person or persons to establish a ferry within five miles of said ferry,
except it be for his or their own use, and not for the purpose of
gathering toll.
Sec. 3. Be it further enacted, That the rates of ferriage at the
ferry established by virtue of this act, shall be regulated by the
County Court of Mosquito County.
Approved 21st February, 1843.



No. XLIII.
An act to authorize Thomas Walker to establish a Ferry on the Alapahaw
River.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That Thomas Walker be, and he is
hereby, authorized to establish, and charged with the duty of keep-
ing, a ferry on the Alapahaw river, in Hamilton county, at the old
For the term Indian Ford, for and during the term of ten years from the passage
often years. of this act.
Sec. 2. Be it further enacted, That the said Thomas Walker, 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 establish-
ed, from time to time, by the County Court of Hamilton county, and
be subject to the orders of said Court.
Sec. 3. Be it further enacted, That if the said Thomas Walker
shall fail to establish a ferry within six months from the passage of
this act, then the rights and privileges granted by this act are to be
void.









Sec. 4. Be it further enacted, That it shall not be lawful for any
other person, or persons, to establish a ferry within three miles (by
water) of the said location, unless for his or their own use, and not
for taking toll.
Sec. 5. Be it further enacted, That this act shall, at any time
hereafter, be subject to be amended, modified or repealed, by any
future Legislature of the Territory of Florida.
Approved 21st February, 1843.



No. XLIV.
An act to extend a charter granted to David Platt, February 8th, 1839.
Be it enacted by the Governor and Legislative Council of the Ter-
titory of Florida, That a certain charter for a Ferry across the
Suwannee river, at or near the junction of said river and Withla- For tenyears
coochee, granted February the 8th, 1839, to David Platt, be extend-
ed to the said Platt for the term of ten years from the 8th of Febru-
ary, 1843, subject to the regulations contained in the act of 1839.
Approved 21st February, 1843.



No. XLV.
An act to authorize E. G. Miller to establish a Ferry on the Ocklockonnee river.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cl of the Territory of Florida, That E. G. Miller be, and he is here-
by authorized to establish, and charged with the duty of keeping, a
Ferry, at a place known as Ponto, near the Florida and Georgia For teyears
line, on the Ocklockonnee river, for and during the term of ten years
from the passage of this act.
Sec. 2. Be it further enacted, That the said E. G. Miller, his
heirs and assigns, shall at all times keep a good and sufficient flat
at said ferry, to cross loaded wagons and teams, and he or they Conditions.
shall receive such rates of ferriage as may be established from time
to time by the County Court of Gadsden County, and be subject to
the orders of said Court.
Sec. 3. Be it further enacted, That it shall not be lawful for any
other person to establish a Ferry within three miles of said loca-
tion, unless for his or their own use, and not for taking toll: Provi-
ded, however, That no portion of this act shall be so construed asrovs
to prevent the citizens at any time from building or constructing such
public bridge as they may deem necessary and sufficient, at said
location.
Sec. 4. Be it further enacted, That this charter shall be subject
to be amended or repealed by any future Legislature of the State
or Territory of Florida.
Approved 21st February, 1843.












No. XLVI.
An act to fix the time of holding the Superior Courts in the District of East
Florida.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the several terms of the Supe-
rior Court, directed by any laws of the Legislative Council to be
held in East Florida, in the different counties thereof, shall be held
at the following times and places:
At St. Augustine, for the counties of St. Johns and Mosquito, on
the second Mondays of March and November, in each year.
I At Jacksonville, for the county of Duval, on the first Mondays of
May and December, in each year.
At Newnansville, for the counties of Alachua and Hillsboro', on
the second Monday in April and on the third Monday in December,
in each year.
At Lancaster, for the county of Columbia, on the third Monday
in April and on the fourth Monday in December, in each year.
At the Court-House in Nassau county, for the county of Nassau,
on the fourth Monday in April and on the fourth Tuesday in Novem-
ber, in each year.
Sec. 2. Be it further enacted, That all laws of the Legislative
Repeal. Council of this Territory, requiring the terms of said Court to be
held at any other times, and places, than those above designated,
or which are inconsistent with this act, be, and the same are here-
by repealed : Provided, however, That another regular term of said
S Court, for the trial and hearing of land claims, and for the hearing
Proviso. and decisions of the causes in chancery, or on the equity side of
said Court, shall be held once during the Summer months, in each
year, at such time and place as the Judge may appoint, if in his
opinion the public interest may require it.
SSec. 3. Be it further enacted, That all process issued from the
roes Clerk's office of the Superior Courts for any of said counties at any
time before the fifteenth day of March, 1843, and made returnable
on the days heretofore designated by law, shall be as valid as if
made returnable to the terms in this act established.
Approved 21st February, 1843.


No. XLVII.
An act to authorize James Bryan to establish a ferry across the Suwannee Riv-
er, at a place known as the Indian Ford.
SECTION 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That James Bryan be, and he is here-
by authorized to establish a ferry across the Suwannee river, at a
place known as the Indian Ford; between the mouths of Swift
Creek and Rocky Creek, which empty into said River.









Sec. 2. Be it further enacted, That the said James Bryan, his
heirs and assigns, shall at all times keep a good and sufficient Flat
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 Hamilton County, and shall be sub-
ject to the orders of said Court ; the privileges of this charter to ex- Five years.
tend for five years.
Sec. 3. Be it further enacted, That this act shall at any time
hereafter be subject to be amended, modified, or repealed by arny
future Legislature of the State or Territory of Florida-
Approved 22d.February, 1843.


No. XLVIII.
An act more particularly to define the eastern boundary line of Jefferson county.
SECTION 1. .Be it enacted by the Governor and the Legislative
Council of the Territory of Florida, That Gum Swamp shall be the
Eastern Boundary line of Jefferson County, commencing at the Gum swamp.
Georgia line, thence down said Swamp to the line dividing ranges
six and seven, following said line to the Little Ocilla, thence down
said stream to the Big Ocilla, the present boundary line of said
County.
Sec. 2. Be itfurther enacted, That so much of the act defining
the boundary line of Jefferson County as conflicts with this act, be,
and the same is hereby repealed.
Approved 22d February, 1843.


No. XLIX.
An act to amend an act entitled An act to authorize Bryant Sheffield to estab-
lish a Ferry across the Suwannee river, at the upper Mineral Springs, known
as the White Sulpher Springs," approved 4th March, 1842.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the time limiting the establish-
ing the said ferry to six months from the passage of said act, which
was approved the 4th March, 1842, be, and the same is hereby, Extension of
extended to six months from the passage of this act.
Sec. 2. Be it further enacted, That the second section of said
act be, and the same is hereby, repealed.
Approved 22d February, 1843.

No. L.
An act to authorize William Raulison to establish a Ferry across the North
Prong of St. Marys River.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That William Raulison be, and he
is hereby, authorized to establish, and charged with the duty of
keeping a ferry on the North prong of St. Marys river, one mile









from' fort Moniac, for and during the term of five years from and
after the passage of this act.
Sec. 2. Be it Jurthtei enacted, That the said William Raulison,
his heirs and assigns, shall at all times keep a good and sufficient
flat or ferry-boat, to cross loaded wagons and teams; and he or they
Conditions. shall receive such rates of ferriage as may be established from time
to time by the County Court of Columbia county, and shall be sub-
ject to the orders of said Court.
Sec. 3. 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 on said river, unless the same be toll free, or for his or
their individual use.
Sec. 4. Be it further enacted, That if the said William Raulison
shall fail to establish said ferry within six months from the passage
of this act, then the rights and privileges granted by this act to be
void.
Sec. 5. Be it further 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 Government.
Approved 22d February, 1843.




No. LI.
An act to organize a county to be called Hernando county.
SEcrTON 1. Be it enacted by the Governor and Legislative Council
Boundaries. of the Territory of Florida, That the district of country bounded as
follows, to wit-beginning at the mouth of the Withlacoochee river,.
and running along said river to the head waters thereof; thence
running a line to the head waters of the Hillsboro' river; thence
down said river to Fort Foster; thence running due west to the
Gulf of Mexico ; thence along the Gulf of Mexico to the mouth of
the Withlac6ochee river, the point of beginning, including all land
and islands which said rivers, lines, and Gulf, may enclose-shall
constitute a county to be called Hernando county.
Appointment Sec. 2. Be it further enacted, That for the protection and admin-
of officers. istration of justice in the county established by this act, the Gover-
nor of this Territory be, and is hereby empowered, to appoint such
officers as he is or may be authorized to appoint in the different
counties of this Territory.
Sec. 3. Be itfurther enacted, That the legal voters of said county
Election. be, and are hereby authorized to elect such officers, civil and mili-
tary, as are authorized by law in the several counties of this Ter-
ritory ; and the officers so elected shall bold their offices for the
same period, exercise the same powers, incur the same penalties,
and be entitled to the same compensation and emoluments, as is or
may be by law provided for the officers of the same stations within
the several countiestof this Territory.









Sec. 4. Be it further enacted, That the time for holding elections
for officers authorized to be elected by the third section of this act,
shall be designated by the Judge of the County Court of said county,
and whenever any vacancy shall occur, the Judge aforesaid shall
order elections to fill such vacancy.
Sec. 5. Be it further enacted, That the Judge of the County
Court to be appointed by virtue of this act, shall hold two terms of Co. Court.
his Court, beginning on the third Monday in April, and the third
Monday in October, in each and every year; which Courts shall
be held at the house of Isaac Garrison, at Chuckachattee, until a
permanent county site be selected and established.
Sec. 6. Be it further enacted, That the voters resident in said Co. Sit
county, who are by law qualified to vote for members of the Legis- C.
lative Council, shall, at the time of the election held for electing
the different county officers, authorized by the third section of this
act, elect five commissioners, whose duty it shall be to select and
locate a permanent county site, on some unoccupied spot of land,
as near as practicable to the centre of said county.
Sec. 7. Be it further enacted, That the Superior Court for the
Eastern District, now directed by law to be held at Newnansville, Sup. Court.
shall be held for the counties of Alachua, Hernando, and Hillsboro',
as heretofore; and all suits to be brought or commenced in the Su-
perior Court against persons residing in either of those counties,
may be brought in the said Court held at the place aforesaid; and
all process in such suits shall be made returnable at the terms of
the said Court, to be held at Newnansville, aforesaid.
Sec. 8. Be it further enacted, That all suits or actions, of what-
ever kind, pending in the Superior Courts, or County Courts of Ala. Transfer of
chua County, against any person or persons residing within the suite 4c.
boundaries of Hernando County, together with all papers and doc-
uments, of whatever kind, connected with such suit or suits, action
or actions, shall, within thirty days after notice from the Clerks of
the Superior Court and County Court of said Hernando County, be
delivered to them respectively ; and the said suits, actions, prose-
cutions, or causes, shall stand upon the dockets in said Hernando
County : but no portion of this act is to be so construed as to trans-
fer any suit or action that has been or may be commenced in the
Superior or County Courts of Alachua County against any person
or persons residing within the boundaries of Hernando County, until
such Superior or County Courts be duly organized and established.
Sec. 9. Be it further enacted, That from and after the passage
of this act, the county of Hernando shall be entitled to one Repre- Reprenta-
sentative in the House of Representatives of the Legislative Coun- tve.
cil of the Territory of Florida.
Sec. 10. Be it further enacted, That all laws, and parts of laws,
conflicting with the provisions of this act, be, and the same are
hereby repealed; and that this act shall be in force from and after
its passage.
Approved 24th February, 1843.










No. LII.
An act for the relief of Andrew Scott.
Be it enacted by the Governor and Legislative Council of the Ter-
Payment. ritory of Florida, That the Commissioner of the city of Tallahassee,
be, and hereby is instructed and authorized ; to pay to Andrew Scott,
or his legally constructed attorney, heirs, or assigns; such sum of
money as may remain of the sum of three thousand six hundred
and forty seven dollars and forty cents; after deducting any sum or
sums of money, which may have heretofore been paid to the said
Scott, on account of his contract with the late commissioner, for
plastering and ornamenting the several rooms of the Capitol of this
Proviso. Territory : Provided, nevertheless, That the said Scott execute a
receipt in full of all demands against the Territory, for, or on ac-
count of plastering, and ornamenting the said room; up to the date
hereof.
Approved 11th March, 1843.



No. LIII.
An act to repeal an act entitled "An act to prevent the future migration of Free
Negroes or Mulattoes to this Territory, and for other purposes."
Be it enacted by the Governor and Legislative Council of the Terri-
tory of Florida, That an act entitled An act to prevent the future
migration of free negroes or mulattoes to this Territory, and for other
purposes," approved on the 15th day of March, 1842, be, and the
same is hereby, repealed; and that all acts and parts of acts by
the said act repealed, are hereby revived.
Approved 22d February, 1843.



No. LIV.
An act to incorporate the Stewards of the Methodist Episcopal Church of the
Leon Circuit, of the Territory of Florida.
SECTION 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That from and after the passage of
this act, Kenneth Bembry, Thomas L. Hall, Richard Burney, Ed-
Incorporation ward Footman, Henry B. Ware, Paul H. Harley and Adam Gram-
bling, now Stewards of the Leon Circuit aforesaid, and their suc-
cessors in office, to be appointed according to the rules, regulation
and discipline of the Methodist Episcopal Church, be, and they are
hereby, made and constituted a body politic and corporate, and by
that name may sue and be sued, plead and be impleaded, in any
court of law or equity in this Territory, and may have and use a
common seal, and the same may break or alter at pleasure.









Sec. 2. Be it further enacted by the authority aforesaid, That the
said body corporate and politic may hold any real or personal estate Powers.
by way of donation or otherwise, and the same may convey or dis-
pose of for the benefit of the said Church in said Circuit, and not
otherwise : Provided, That they, or their successors in office, shall
not invest said funds, or any portion thereof, in the purchase of any
real or personal estate not necessary to the proper exercise and func-
tions of the said Methodist Episcopal Church in said Circuit: And Provisos
provided further, That nothing in this act shall be so construed as to
prevent said corporation from taking any mortgages, deeds, or other
conveyances, for the purpose of securing debts due to said corpora-
tion, or from receiving any donations to said corporation for the bene-
fit of said Church in said Circuit: And provided further, That said
corporation shall not at any time own property to an amount exceed-
ing fifty thousand dollars.
Sec. 3. Be it further enacted by the authority aforesaid, That all
laws and parts of laws militating against this act, be, and the same
are hereby, repealed.
Sec. 4. Be it further enacted, That this act shall, at any time
hereafter, be subject to be amended, modified or repealed by any
future Legislation.
Approved 13th March, 1843.


No. LV.
An act to change the name of a person therein mentioned.
Be it enacted by the Governor and Legislative Council of the Ter-
ritory of Florida. That from and after the passage of this act, Ma-
tias Lorenzo, (a minor,) of the city of St. Augustine, may take the
name of Matias Andrew; and said name allowed shall hereafter be
considered at his only proper and legal name, for all intents and
purposes.
Approved 14th March, 1843.


No. LVI.
An act to authorize the County Court of Alachua County, to raise a County
Revenue.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That for the purpose of enabling Levy taxes
the County Court of Alachua County to build a Court House, Clerks
Office, and Jail, and to raise funds for other County purposes, the
Judge of said County Court, be, and he is hereby authorized to call
an extra term of his Court, and a majority of all the Justices of said
County, being present and assenting thereto, may levy a tax on all
lands which are private property, of not less than one half of a cent,
nor more than one cent per acre : Provided, That no tax be levied Proviso.
on any Spanish Grant, which has not been recognized and allowed
by the Government of the United States.









Sec. 2. Be it further enacted, That for the purpose of carrying
Assessors. into effect the foregoing section of this act, the Judge of the County
Court, be, and he is hereby authorized to appoint such assessors
and collectors as he may deem necessary for the assessment and
collection of such Taxes, which when collected shall be deposited
in the County Treasury, for County purposes.
Approved 14th March, 1843.


No. LVII.
An act to authorize John G. Swan to establish a Ferry across the Withlacoo-
chee River, at Fort Izard.
SECTION 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That John G. Swan, of Alachua county,
be, and is hereby, authorized and vested with the right of establish-
ing a ferry across the Withlacoochee river, at a place known as Fort
Proviso. Izard, and have the enjoyment of the right of said Ferry for and
during the term of ten years : Provided, That the said John G.
Swan, his heirs, executors or administrators, shall keep the said
ferry with suitable boats and flats, in good order for the passage of
carriages and other vehicles ; and should he, or they, fail to do so
within ninety days from the passage of this act, all the rights and
privileges herein vested shall be forfeited.
Sec. 2. Be it further enacted, That the said John G. Swan, his
heirs, executors or administrators, shall receive such toll, and shall
be subject to such regulations, as shall be established by the Coun-
ty Court of Alachua County; and it is hereby declared to be unlaw-
ful for any person to establish any ferry or bridge within five miles
of said ferry, unless it be for his or their own use, and not for the
purpose of gathering toll.
Sec. 3. Be it further enacted, That this act shall at any time be
subject to amendment, modification or repeal, by any future Legis-
lature of the Territory or State of Florida.
Approved 14th March, 1843.


No. LVIII.
An act to incorporate the Quincy Light Horse.
SECTIO 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That William F. Stockton, Capt., Charles
S M. Harris, John W. Poindexter and others, their successors and
Incorporation associates, be, and they are hereby, declared and constituted a body
politic and corporate, by the name and style of the Quincy Light
Horse; and shall have power and authority to make all such bye-
laws and regulations as may be necessary for the Government of
Proviso. said company: Provided, Such bye-laws and regulations shall not
be repugnant to the Constitution and Laws of the United States or
of this Territory, but said company shall not be subject to the orders
of any militia officer under the rank of Colonel, nor shall such









ulsposiion be made of it, while on parade, as to prevent it from
acting together as an entire company.
Sec. 2. Be it further enacted, That the commissioned officers of
said company, and their successors in office, under the name and
style of the Quincy Light Horse, shall and may have and use a
common seal corporate, and the same to alter, destroy and resume at Powers.
their pleasure ; and they are hereby made capable of accepting,
holding, and being invested with all manner of donations, gifts,
grants, &c. whatsoever, which may belong to said company, or which
may hereafter be conveyed or transferred to them or their succes-
sors, to have and tq hold the same for the proper benefit and behoof
of said company.
Sec. 3. Be it further enacted, That when any vacancy shall
happen by death, resignation or otherwise, in the officers of said
company, the same shall be filled in such manner as shall be point-
ed out in the bye-laws of said company.
Sec. 4. Be t further enacted, That said company shall be known
by the name and style Vf the Quincy Light Horse.
Sec. 5. Be it further enacted, That no property shall be held to
the use of said company, nor shall said company own property, to Litation.
an amount and value exceeding one thousand dollars; and 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
Florida.
Approved 14th March, 1843.


No. LIX.
An act to admit George W. Call, Jr., to practice law in the several Courts in
this Territory.
Be it enacted by the Governor and Legislative Council of the Terri-
tory of Florida, That George W. Call, Junior, shall be admitted to
practice as an attorney and counsellor at law in the several courts
of law and equity in this Territory, provided that the said George
W. Call, Junior, shall first be examined, and declared qualified
therefore, by one of the Judges of the Superior Courts of this Ter-
ritory, or such persons as he may appoint.
Approved 14th March, 1843.


No. LX.
An act to prevent the removal of stakes and buoys from the channel in the Bay
of Apalachicola.
SECTION 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That from and after the passage of this
act, it shall not be lawful for any person or persons wilfully to re-
move, or run down any stake, buoy, or other mark, designating the
channel in the bay of Apalachicola.









Sec. 2. Be it further enacted, That if any person or persons shall
Penalty. so remove or run down any stake, buoy, or other mark, designating
the channel in the aforesaid bay, he, she or they shall, upon con-
viction before any court having competent jurisdiction, be liable to
indictment, and punishable in a sum of not more than four, nor less
than two hundred dollars, or imprisonment in a term of not more
than six, nor less than three months.
Approved 14th March, 1843.


No. LXI.
An aet to alter and change the name of Amanda S. Mandal, of Jackson county.
Be it enacted by the Governor and Legislative Council of the Ter-
ritory of Florida, That the name of Amanda S. Mandal, of Jackson
county, be, and is hereby changed to Amanda S. Bryan.
Approved 14th March, 1843.



No. LXII.
An act to amend an act incorporating the city of St. Joseph.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the government of the city of
St. Joseph shall be vested in a person to be called the Mayor, and
four Aldermen, who shall compose a Council for the management
of the affairs of the city. The said Mayor and Aldermen shall be
elected annually on the first Monday of April, from amongst the
qualified voters of said city.
Sec. 2. Be it further enacted, That the second section of an act
amendatory to the several acts incorporating the city of St. Joseph,
approved 30th January, 1838, be, and the same is hereby repealed.
Approved 14th March, 1843.



No. LXIII.
An act to incorporate the Apalachicola Guards.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
incorporation cil of the Territory of Florida, That the company now organized
in the city of Apalachicola, and known as the Apalachicola
Guards," shall be, and is hereby constituted an independent com-
pany, to be called the Apalachicola Guards."
Powers. Sec. 2. Be it further enacted, That said company shall have
power to elect their own officers, and pass such by-laws and regu-
lations as they may deem proper and expedient for their manage-
ment and government; and that the officers already elected shall
remain in their respective commands till they resign or are removed.









Sec. 3. Be it further enacted, That the said company shall be
exempt from all parades, except at such times and places as are
now set apart and provided for by law.
Sec. 4. Be it further enacted, That the said company shall, in all Duties.
other respects, be subject to the militia regulations of this country.
Sec. 5. Be it further enacted, That said company shall at no time
exceed one hundred in number, including commissioned, non-com-
missioned officers, and privates; and that commissions be issued Officers and
by the Governor to George S. Hawkins, Captain ; Robert Myers, privates.
first Lieutenant; William H. Kain, second Lieutenant; and H. D.
Darden, third Lieutenant.
Sec. 6. Be it further enacted, That this act shall be in force from
and after its passage.
Approved 14th March, 1843.



No. LXIV.
An act to amend an act entitled an act to establish a board of Port Wardens,
and Commissioners of Pilotage for the Port of Key West.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
czl of the Territory of Florida, That from and after the passage of
this act, the Governor, by the consent of the Legislative Council of Appointm'nt
the Territory of Florida, be, and he is hereby authorized to appoint
ten discreet and proper persons to act as Port Wardens for the Port
of Key West, and four of whom shall be a competent board for the
transaction of business.
Sec. 2. Be it further enacted, That the first section of the act
relative to Port Wardens &c., passed and approved 20th of Febru-
ary 1840, be, and the same is hereby repealed.
Approved 14th March, 1843.



No. LXV.
An act exempting certain property from Execution, Attachment and Distress.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the necessary wearing apparel Wearing ap-
and bedding of every person, and the necessary wearing apparel, parel, &c.
bedding and kitchen furniture of every family, shall be exempt from
execution, attachment and distress.
Sec. 2. Be it further enacted, That the following property may
be claimed as exempt from execution, attachment and distress,
except for violation of the criminal laws :
The boat and gun of every fisherman, pilot, or resident upon any Boats, flats.
island or coast, or in any bay, harbour or inlet of the Territory; and gun, &c
the boat and flat of every ferryman, when, in either case, the same
shall not exceed in value one hundred dollars :









Clergyman's The horse, saddle and bridle, or the horse, saddle, vehicle and
horse, &c. harness of every clergyman, not exceeding in value one hundred
dollars:
The horse, saddle and bridle, medicine and professional books,
Physician's and instruments of every surgeon, midwife or physician, not exceed-
ing in value one hundred dollars ; one set of working tools or instru-
ments of every mechanri, artist, dentist, artisan or tradesman, not
exceeding in value one hundred dollars:
Farm's horbe The horse and gun, not exceeding in value one hundred dollars,
belonging to every farmer who is in actual cultivation of five or
more acres of land within the Territory :
Every actual house-keeper, with a family, may claim as exempt
Family sup- such portion of his property as may be necessary to the support of
Port. himself and family not to exceed in value one hundred dollars, there-
by waiving claim to all right to other exemption of property afford-
ed by this section : Provided in every case, The defendant is not
removing out of Territory, nor resides beyond the limits thereof,
nor is removing his property beyond the limits of the same, nor is
secreting or fraudulently disposing of his property for the purpose
Provisos of avoiding the payment of his just debts : And provided, also, The
defendant shall make affidavit that he has made a fair, full and
complete statement of all his property in trust, or otherwise, of all
moneys, debts and demands due, or to become due, which state-
ment shall be signed by him, and with the affidavit accompany the
return of the process.
Sec. 3. Be it further enacted, That when an exemption is claim-
ed under the last foregoing section of third act, the officer having
Valuation such execution, writ of attachment, or warrant of distress, shall
summon three disinterested house-keepers to value the property of
the defendant, and the valuation by them made and signed, and
sworn to before an officer, shall be conclusive.
Approved 15th March, 1843.



No. LXVI.
An act to amend the Charter of the Bank of Florida.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
Formerliabil- il of the Territory of Florida, That the District Attorney shall, on
cities. satisfactory evidence that the Bank of Florida has discharged all
its former liabilities, dismiss any proceedings he may have institu-
ted for the purpose of annulling its charter.
Sec. 2. Be it further enacted, That on failure of said Bank at any
Failure. time, to redeem its notes in specie, for thirty days, the Legislative
Council shall have the privilege of annulling its charter, and of
appointing commissioners to sequester its assets and wind up its
affairs as speedily as practicable.
Sec. 3. Be it further enacted, That the stockholders of the Bank
of Florida shall be, and they are hereby, made responsible in their









private and individual capacities to the amount of three times the Stockholders
stock owned by each stockholder respectively, for the circulation respon'blefor
and liabilities of said Bank, issued or created before and during the three times
the amount of
period of the ownership of such stock, or created within six months their stock.
after the transfer of such stock; and if said Bank should at any
time fail or refuse to discharge and pay such circulation or liabili-
ties, an action of debt shall be maintainable against such stock-
holder; and where suits for the liabilities of said Bank are
instituted against any one stockholder, to a greater amount than
three times his stock, the judgment first obtained shall have prece-
dence in satisfaction.
Sec. 4. Be it further enacted, That books of subscription for four Booksofsub-
thousand shares of the capital stock of said Bank, shall be opened scription.
in Tallahassee immediately after this law goes into operation, under
the superintendance of Messrs. L. A. Thompson, Henry Bond,
Patrick Kerr, R. W. Williams and James Kirksey, as commission-
ers ; who shall give notice thereof by publication, and shall keep
said books of subscription open until the first day of January, 1844,
unless said stock be sooner subscribed for.
Sec. 5. Be it further enacted, That five per cent. on each share
shall be paid in gold or silver, or the Treasury notes of the United Payments.
States, at the time of subscribing, and for the purpose of reimburs-
ing the present stockholders for the expense incurred in the pur-
chase of said charter, there shall be paid one per cent. on each
share.
Sec. 6. Be it further enacted, That for the first six months no Stock
one person shall be allowed to subscribe for more than three hun-
dred shares of said stock; and if on the first of January, eighteen
hundred and forty-four, more stock is subscribed for than the amount
for which said books were opened, then there shall be first a reduc-
tion from the shares of all persons, whether present owners or
future subscribers, who hold more than one thousand shares; and
if by this means the deficiency be not supplied, then the deduction
shall be on all new subscribers-taking, in the first place, from the
largest subscriptions, until such subscriptions are reduced to three
hundred shares; but no subscriber of only three hundred shares shall
be subject to any such deduction; and the shares thus taken from the
larger stockholders shall be distributed among those stockholders
who own less than three hundred shares.
Sec. 7. Be it further enacted, That no stockholder of said Bank
shall be allowed to become indebted to said Bank either as a bor-
rower, security or endorser.
Sec. 8. Be it further enacted, That should said Bank at any time,
either from the culpable neglect or fraud of the Directors or officers
thereof, fail to redeem its liabilities in specie, the Directors and Failure and
officers so offending shall be liable to indictment, and on convic- penalty.
tion may be imprisoned for any length of time not exceeding ten
years, at the discretion of the jury.
Sec. 9. Be it further enacted, That said Bank, in addition to
exchanges, may exercise the privileges of said charter in propor-
8









tion to the capital paid in: Provided, however, That the issues of
said Bank shall not exceed two dollars to every one actually paid
in, or on deposit.
Sec. 10. Be it further enacted, That in case these amendments
are not accepted within sixty days after the passage thereof, by
notice addressed to the Governor, they shall thenceforth be null
and void.
Sec. 11. Be it further enacted, That if the said Bank shall sus-
Suspensionofpend specie payment for the space of sixty days, the President and
specie pay'ts Cashier shall be deemed to be guilty of felony, and on conviction,
and penalty. shall be fined in a sum not exceeding twenty thousand dollars, and
imprisoned not exceeding five years, at the discretion of the Court;
the Directors shall be deemed to be guilty of a misdemeanor, and
on conviction shall be imprisoned not exceeding two years, or fined
not exceeding five thousand dollars, at the discretion of the Court;
and the stockholders shall be individually liable in all their proper-
ty for the redemption of the liabilities of the said Bank.
Sec. 12. Be it further enacted, That the charter of this Bank
shall not be sold to, or be united to, any other corporate institution,
otherwise the charters of both institutions shall be forfeited.
Sec. 13. Be it further enacted, That if said Bank shall suspend
Interest. the paymentof specie for the space of sixty days, at any one time,
then this charter is hereby declared forfeited; and upon any demand
made by any bill-holder of said Bank, and a refusal to pay the same
in specie, the said Bank shall be liable for interest at the rate of
twenty-five per centum per annum.
Trustees. Sec. 14. Be it further enacted, That if said Bank shall suspend
as aforesaid, it shall and may be competent for any Judge of the
Superior Court, upon motion made, to appoint Trustees to take
charge of all books, papers, moneys and effects, in the possession,
Wind up power or control of said Bank.
Sec. 15. Be it further enacted, That the said Trustees shall pro-
ceed to wind up the affairs of said Bank, under such direction as
the said Judge may direct.
Sec. 16. Be it further enacted, That no transfer of stock shall be
Transfer of considered as valid in law, until notice shall have been given in
stock. some newspaper, published in Tallahassee, for the term of two
weeks, stating the name of the purchaser and seller of said stock.
Sec. 17. Be it further 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.
Sec. 18. Be it further enacted, That nothing contained in the
foregoing charter shall be so construed as to allow said Bank, at
any time, to issue more than two dollars of their notes and bills for
one dollar of stock in specie actually paid in, exclusive of deposits.
Approved 15th March, 1843.











No. LXVII.
An act to suspend the exercise of banking power by the Union Bank of Flor-
ida-to provide for the payment of the Territorial bonds issued to said Bank,
out of its assets, and the mortgaged property of its stockholders-for the
liquidation and settlement of the affairs of said Bank, and for the amendment
of the charter thereof.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
eil of the Territory of Florida, That from and after the time this
law shall take effect, all powers conferred by the charter of the suspended
Union Bank of Florida, and the different acts amendatory thereof,
authorizing said Bank to exercise the ordinary banking powers of
a bank of discount and circulation-by issuing its bills or notes for
circulation, and discounting notes, bills, checks, or other securities
for the payment of money or other thing whatsoever-shall cease
and determine until said Bank shall have permanently resumed the
payment of its liabilities in specie, for the space of twelve months,
and until such resumption, it shall not be lawful for said Bank, by
any contract whatever, to increase its indebtedness or liabilities:
Provided, however, That nothing in this act contained shall be so
construed as to prevent said Bank from incurring or discharging
such debts as may be necessary in conducting its ordinary business, Proviso.
such as the employment and payment of its officers and agents and
defraying its incidental expenses, nor shall any thing in this act be
so construed as to prevent said Bank from exchanging one liability
for another, refunding its deposits, renewing and curtailing paper
held by the Bank, held at this time or that may be received in ex-
change or payment for other securities owned by the Bank, or from
the exercise of such general powers as may be necessary for the
speedy collection of its debts and the settlement of its affairs.
Sec. 2. Be itfurther enacted, That to facilitate the more speedy
and effectual settlement of the affairs of said Bank. there shall in
future be only seven directors thereof, three of whom shall be ap- Directorsand
pointed in manner and time specified in said charter, and four elect- their duties.
ed by the stockholders, in the same manner and at the same time
as is now provided for, who shall hold their offices for the same
length of time, to be re-elected and appointed, respectively, in the
same manner, and in all things represent and take the place of the
Directors heretofore provided by law, except so far as their powers
are curtailed and abridged by this act.
Sec. 3. Be it further enacted, That the election of the first four
Directors, under this law, shall take place within thirty days after Elections.
the same goes into operation, who shall serve till the next regular
day of holding elections for Directors, as provided for by the char-
ter and by-laws of said Bank, and elections shall be made thereaf-
ter, on the days and times as now directed, and the appointment of the
Territorial Directors shall be made within the said thirty days as
aforesaid, and shall be appointed annually in the same manner, and
at the same time as is now provided for in case of Territorial Di-







60

rectors, and in all action by said Bank, the concurrence of four Di-
rectors shall be necessary.
Failure of a Sec. 4. Be it further enacted, That upon a failure of a stockhold-
stockhold'rto ft, for the space of ninety days, to pay up his stock note, or to re-
pay his stock new the same and pay up the interest thereon, for the time to which
note and pro- it may have been renewed, said Bank may or may not forfeit his
ceed's there- stock, but no lien on the property of such stockholder to secure the
stock bond or other indebtedness whatever, shall thereby be releas-
ed or in any wise affected, and if a forfeiture of stock shall be de-
clared, it is hereby made the duty of said Bank to institute suit
against such stockholder, as well for the amount of the stock note
or stock debt, as for the interest due thereon, and on obtaining judg-
ment, to sell so much of the property of such stockholder as will
be sufficient to pay said judgment, disposing first of the unmortgag-
ed property of such stockholder, and if a sufficient amount thereof
cannot be found to satisfy said judgment, then the proper officer
shall proceed to sell as provided by law in other cases of execution,
disposing first of the personal property, so much of the estate of
such stockholder, mortgaged to said Bank to secure the payment of
principal and interest of the Bonds issued by the Territory for the
purpose of raising the capital of said Bank, as will be sufficient to
pay off and discharge the full amount of such judgments, interest
and costs, and the purchaser of such property shall hold the same
fully and entirely released from all lien created thereon by reason
of such mortgage; and the stockholder having his property sold as
aforesaid, shall not be entitled to any further loan on his stock, nor
shall he be released from any part of his stock note or stock bond,
or other indebtedness to said Bank, by reason of such forfeiture or
sale, except for so much as is paid by such sale or otherwise.
Sec. 5. Be it further enacted, That in sales made under the pro-
Sales. visions of the fifth section of this act, bids and payments in specie,
or par funds, shall be received and taken at the rate, in Territorial
Bonds fixed by the Directors, as provided in the fifth section of this
act; and credits on the execution, mortgage or stock-debt, shall be
given to the amount of the Territorial Bonds cancelled.
Liens not to Sec. 6. Be it further enacted, That the lien created by said mort-
be released gage shall, in no case, be released until the Territorial Bonds, for
till Bonds are which such property is mortgaged, shall be cancelled by the proper
cancelled officer; and no Territorial Bonds shall be received in payment for
such mortgaged property, which have been hypothecated and not
sold according to law; and at the time the said Bank shall notify
the Governor of Florida of its acceptance of these amendments, it
shall also furnish the Governor of Florida with a statement of the
Territorial Bonds sold, and also, a statement of Territorial Bonds
hypothecated, with a sufficient description of the same to enable him
to identify them.
Sec. 7. Be it further enacted, That payment for such property
sold as aforesaid, shall be made in gold or silver, or par funds, or
in Territorial Bonds, issued as aforesaid: Provided, however, That
if such sale be made for Bonds, as aforesaid, the same shall not









take place, unless there is bid and paid, for each piece of property,
a sum equal to that for which such property is mortgaged for stock ; Property sold
and if the sale is made for specie funds, such sale shall not take to bring the
place, unless there is bid and paid, for each piece of property sold, am't for wh.
a sum sufficient to purchase an amount, in Territorial Bonds, equal it is mortg'd.
to that for which such property is mortgaged; and the value of such
Bonds, on the respective days of sale, shall be certified by the Di-
rectors of such Bank, and announced by the officer before the sale ;
and, in the event of the sale being made for gold or silver, the pro-
ceeds thereof shall be held as a fund, to be alone invested in said
Bonds; which investment shall take place as early as practicable ;
but the mortgage lieu shall not be divested until the same is invest-
ed in Bonds to the amount aforesaid, and the same placed in the
hands of the proper officer, to be cancelled. Purchase of
Sec. 8. Be it further enacted, That if sale be made in specie or Ter'l Bonds
par funds, the same shall be paid to the President of said Bank,
who shall immediately, or as soon as practicable, invest the same
in Territorial Bonds, at the lowest price for which the same can be
obtained; which Territorial Bonds, when obtained, shall be depos-
ited with the Governor, as aforesaid.
Sec. 9. Be it further enacted, That if said Bank shall convert the of f ica'n
funds received from the sale of said property, to any other purpose
than the purchase of said Bonds, each of the officers of said Bank
so offending, shall be liable to indictment; and on conviction there-
of, shall be fined in a sum not less than the amount so misapplied,
nor more than double said amount; and shall, also, be imprisoned
not less than one year, nor more than five years, at the discretion
of the jury; and such fines shall be invested by such Bank in said
Bonds, as aforesaid; and such person shall be ineligible to office
in said Bank. Sales
Sec. 10. Be it further enacted, That it shall be the duty of the
officer advertising such property for sale, to state specifically, in
such advertisement, that the sale will be made for Territorial Bonds,
or specie funds, only; and to advertise the same for the space of
sixty days, previous to the sale thereof.
Sec. 11. Be it further enacted, That all sales of mortgaged prop- Sale days.
erty, under the provisions of this law, shall be made on, and from,
and between, the first Monday in December and the first Monday
in April, in each and every year; and in all cases when property
is levied on, between the first Monday in April and the first Mon-
day in December, or remains unsold in the hands of the officer af-
ter the first Monday in April, the defendant in execution shall have
the right to replevy the same, by giving bond, with good securities,
for the forthcoming of the property on a day of sale to be named by
the proper officers, which day of sale shall not be before the first Proviso.
Monday in December next ensuing, the date of the bond Provided,
That if such property is not replevied, the same may be sold with
the consent of the plaintiffin execution, on any other regular sale day.
Sec. 12. Be it further enacted, That it shall be the duty of said
Bank, forthwith, to deliver over to the Governor of the Territory,







62

or such other person as may be appointed by law, all suth bonds
Bonds to be as may be taken up by the means aforesaid, or by any other means
destroyed, whatever, and a receipt thereupon shall be given therefore; and the
same shall be forthwith cancelled, and destroyed in the presence
of witnesses, in such manner as has been, or may hereafter be, pro-
vided by law.
Violation of Sec. 13. Be it further enacted, That in the event of the violation
the 1st sect. of the provisions of the first section of this act, by issues, loans or
ofthisactand discounts, other than stock loans, in violation of the true intent and
penalty. meaning thereof, the security, of whatever kind, taken therefore,
shall be absolutely null and void, as against the party, or parties,
thereto; and the Directors and other officers of the Bank, actually
engagedd in making such loan or discount, shall be personally res-
ponsible, jointly and severally, for the amount thereof, and shall
thereafter be ineligible to office in said Bank.
Sec. 14. Be it further enacted, That whenever the said Bank
Bonds null. shall, by any means, come into possession of any Territorial Bond,
said Bond shall not be liable to be re-sold or re-issued, but shall be
held to be entirely null and void.
Sec. 15. Be it further enacted, That this act shall take effect from
Whento take and after its acceptance by a majority of the stockholders of said
effect. Bank; which acceptance shall take place, and be made known by
the President of said Bank, to the Governor of the Territory, with-
in ninety days from the approval of this bill; and shall, thereupon,
be made public by proclamation.
Sec. 16. Be it further enacted, That all laws, and parts of laws,
so far as is inconsistent with the true intent and meaning of this
act, be, and the same are hereby, repealed.
Approved 16th March, 1843.



No. LXIX.
An act entitled an act to prevent Masters of Ships or Vessels, and other per-
sons, from throwing ballast in the Bay of Apalachicola.
SECTION 1. Be it enacted by the Governor and Legislative Council
of the Territory of Florida, That if any master of any ship or ves-
sel, seaman or other person, shall throw overboard from any ship
or vessel, any stone, sand or other ballast, whereby the navigation
of the bay of Apalachicola Bay shall be obstructed, he, she or they
shall be deemed guilty of a misdemeanor, and liable to indictment
and trial before any Court of competent jurisdiction, and upon con-
Penalty. fiction, shall be fined in a sum of not less than five hundred or
more than one thousand dollars, and imprisoned for a term not less
than six months or more than one year, at the discretion of the
Court.
Sec. 2. Be it further enacted, That if any person, or persons,
shall be charged with the offence mentioned in the first section of
this act, it shall and may be lawful for any Judge of the Superior









or County Court, or any Justice of the Peace, to issue his warrant, Issue War'nt
directed to any Marshal, Sheriff or Constable, to apprehend the
person or persons so charged, and cause them to be brought before
him to be dealt with as this act directs.
Sec. 3. Be it further enacted, That it shall and may be lawful Take bond.
for the aforesaid Judge of the Superior or County Courts, or the
Justice of the Peace, to take bond or recognizance for the appear-
ance, at the next Superior Court, of the person or persons so charg-
ed: Provided, That the said party so charged shall be deemed
guilty by the said Judges of the Superior or County Courts, or the
Justice of the Peace issuing said warrant.
Sec. 4. Be it further enacted, That it shall be the duty of the
Judge of the Superior Court of the Apalachicola District, to charge Duty of Dis-
the grand jury of the county of Franklin to present all and every trict Att'y.
person who may violate the provisions of this act, that may come
within their knowledge; and on every presentment, it shall be the
duty of the District Attorney to prosecute the party presented upon
indictment in every such case, when the said District Attorney
shall prosecute the said indictment to effect, there shall be taxed
in his favor, in the bill of costs against the defendant or defendants,
a fee of fifty dollars.
Approved 14th March, 1843.


No. LXX.
An act to provide for the compensation of the officers of the Legislative Council
for the session of 1843, and for other purposes.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the following sums be, and are
hereby, appropriated out of the amount allowed by the United States
for the expenses of the Legislative Council and expenses of the
year 1843 :
To Thomas T. Long, Secretary of the Senate, for seventy-five
days in session, and twelve days to arrange the business of the
session. To Francis Webb, Assistant Secretary of the Senate for Officersofthe
seventy-five days. To George W. Parker, Foreman, for seventy- Council.
five days. To George O. McMullin, Messenger of the Senate, for
seventy-five days. To Alfred A. Fisher, Sergeant-at-arms, or door-
keeper of the Senate, for seventy-five days. To Hugh Archer,
Secretary of the House of Representatives, for seventy-five days in
session and twelve days to arrange the business of the session. To
Daniel B. Fisher, Assistant Secretary of the House of Represen-
tatives, for seventy-five days. To Samuel J. Perry, Foreman of the
House of Representatives, for seventy-five days. To Thomas B.
Fitzpatrick, Messenger of the House of Representatives, for seventy-
five days. To William C. Bryan, Sergeant-at-arms, or door-keeper
of the House of Representatives, for seventy-five days. To Samuel
S. Sibley, Printer of the Senate; for miscellaneous printing, bills,
reports, slips of daily journals in pamphlet form, and for all other









For printing, work done for the Senate, and newspapers furnished the House
and Senate under their order, for such quantity of printing as may
be certified to by the Secretary of the Senate and countersigned
by the Secretary of the Territory. To Joshua Knowles, Printer of
the House of Representatives, for miscellaneous printing for the
House, bills, reports, slips of daily journals and journals in pam-
phlet form, and all other printing done for the House of Represen-
tatives, and for newspapers furnished the Senate and House under
their order, for such quantity of printing as may be certified to by
the Secretary of the House and countersigned by the Secretary of
the Territory. To Cosam E. Bartlett, Editor of the Star, for news-
papers furnished the Senate and House under their order, and for
miscellaneous printing for such quantity as shall be certified to by
the Secretaries of the two Houses respectively, and countersigned
by the Secretary of the Territory. To Philip A Hayward, for sta-
Stationery. tionery furnished the Senate and House of Representatives. To
William Wilson, for stationery furnished the Senate and House of
Representatives. To Alfred A. Fisher, for wood furnished the
Senate and House of Representatives and contingent expenses, one
hundred and thirty-six dollars and fifty cents. To John W. Levi-
nus, for furnishing and repairing Senate Chamber, eighty dollars
and for the Representative Hall, seventy-eight dollars. To George
O. McMullin, for extra services as Clerk to the Senate as per reso-
Sundrics. lution of the Senate, fifty-four dollars; and for enrolling, seven dol-
lars and fifty cents. To Edward P. Roberts, for services in enroll-
ing Marvin's Digest, passed by the Senate and House of Repre-
sentatives, forty-six dollars. To William S. Perry, for services in
enrolling Marvin's Revised Statutes, passed by the Senate and
House of Representatives, seventy-eight dollars and seventy-five
cents. To James T. Archer, for services in enrolling Marvin's
Revised Statutes, passed by the Senate and House of Represen-
tatives, thirty-two dollars and fifty cents. To William C. Bryan,
for servant's hire and contingent expenses for the House of Repre-
sentatives, twenty-six dollars and twenty-five cents. To Kerr and
Kirksey, for contingent expenses for the House of Representatives,
seven dollars. To Frederick Towle, for contingent expenses for
the House of Representatives, twenty dollars and sixty-three cents.
To William C. Bryan, for extra services, engrossing bills and copy-
ing orders, resolutions, &c. for the House of Representatives, twen-
ty-five dollars. To John Broward, for servant hire for the House
of Representatives, thirty dollars.
Sec. 2. Be it further enacted, That the President of the Senate
and the Speaker of the House of Representatives, be allowed double
per diem.
Sec. 3. Be it further enacted, That the sum of three hundred
dollars be, and is hereby, appropriated for the purpose of distribu-
ting the laws of the Territory of Florida under the direction of the
Governor.
Sec. 4. Be it further enacted, That the Governor be authorized
to certify the expenses of printing the laws and resolutions of this









session. To Moses Ellis, who performed services for the House
of Representatives at the present session from the fourth to the
ninth day of January inclusive, the per diem allowed by law, say
five days at three dollars per day.
Approved 16th March, 1843.




RESOLUTIONS.


No. I.
WHsREAs, a verdict was rendered in the District Court of the Ieso1utiena.
United States, held at Tallahassee, at their April term, 1840, in a
suit lately pending therein, instituted by said United States against 1843.
William P. Duval, in favor of said Duval, for the sum of eighteen
thousand and fifty-eight dollars, being found due to him by the jury
for services rendered as superintendent of Indian affairs in Florida,
from 1822 to 1834, and for advances of money made by him during
the twelve years of his superintendence, and for expenses incurred
in supplying the Indians with provisions:
AND WHEREAs, this Legislative Council in common with the
people of Florida, appreciating the services so rendered by the said
Duval, as one of the first Governors of the Territory, and in recol-
lection of the sacrifices made and losses sustained by him, feel an
anxious desire that justice should be done him in the premises, and
that his claim shall be no longer delayed:
Be it therefore resolved by the Governor and Legislative Council,
That the early attention of the Congress of the United States be
earnestly invoked to this subject, and that our Delegate be request-
ed to use his exertions to procure from Congress the speedy adjust-
ment and settlement of said claim.
Resolved, also, That a copy of this resolution be furnished our
Delegate, to be laid before Congress.
Approved 9th February, 1843.




No. II.
PREAMBLE AND RESOLUTION.
WwaaRas, cases of salvage, and other commercial eases involv-
ing small amounts in contest, frequently occur in the seaport town
of this Territory, requiring the decisions of the Court of Admiralty,
which are frequently attended with injurious delay, expense and
inconvenience, to the great embarrassment of right and juice :
9









Iteolutioni. &e it therefore resolved by the Governor and Legislative Council
of the Territory of Florida, That our Delegate in Congress be, and
1843 he is hereby, instructed to use his endeavors to obtain the passage
of a law, establishing suitable commercial tribunals to adjudicate
such cases, or conferring power in this Legislature o constitute
the same.
Approved 17th February, 1843.

No. III.
PREAMBLE AND RESOLUTIONS-STATE GOVERNMENT.
WHaEEAS, great pecuniary distress and embarrassment prevail
in this Territory, tending to paralize industry, retard improvement
and destroy confidence: And whereas, State Governmentif assum-
ed, would necessarily impose additional burthen and taxes on a
people already laboring under accumulated difficulties : And where-
as, four years have elapsed since the formation of the Constitution,
prepared at St. Josephs for the people of Florida, in which period'
important changes have taken place in the population of this Ter-
ritory : And whereas, the country heretofore in the possession of
the Seminole Indians, is now fast filling up, by a full tide of emi-
grants, which population should have a due influence in the forma-'
tion of a Constitution, for the permanent Government of the State
of Florida.
Be it therefore resolved, by the Governor and Legislative Council
of Florida, That it is unwise, impolitic, and improper to enter into
a State Government at this time.
Be it further resolved, That the objection to going into a State
Government under the St. Joseph's Constitution is greatly strength-
ened by the well known fact, that said Constitution was adopted by
a meager majority of the voters of Florida, and has at all times
been highly exceptionable to a large portion of the people of Flori-
da, whose opposition to State Government has in part originated in
opposition to that instrument.
Be it further resolved, That our Delegate in Congress, be, and
he is hereby requested to oppose the admission of Florida into the
Union, as an independent State, until the people in convention shall
have formed a new Constitution, or until they have expressed by a
vote at the polls, their willingness to adopt the St. Joseph's Con-
stitution.
Approved 17th February, 1843.

No. IV.
Resolved by the Governor and Legislative Council of the Territory
of Florida, That the Delegate in Congress be instructed to use his
best exertions with the Government of the United States, with a
view of establishing permanently a boundary line between the Ter-
ritory of Florida and the State of Georgia.
Approved 21st February, 1843.









No., V.
WHEREAS, the navigation of the Suwannee River is a consider- Resolutions.
action of great importance, from the great bodies of fertile land bor-
dering on said river and the adjacent country, the shipment of pro- 1843.
duce from which section of country must naturally pass through
said channel:
Be it therefore resolved by the Governor and Legislative Council
of the Territory of Florida, That the Delegate in Congress be
requested to endeavor to procure the re-appropriation of fifteen
thousand dollars for the purpose of removing the obstructions to
the navigation of the Suwannee river.
Be it further resolved, That a copy of the foregoing preamble and
resolutions be certified by the proper officers and forwarded to the
Hon. David Levy.
Approved 22d February, 1843.


No. VI.
WHEREAS, the county of Mosquito has recently greatly increaq-
ed in population, so much so as to render it indispensably necessa-
ry that a communication by mail should be opened between St.
Augustine, in St. Johns county, and the town of Enterprise, on
Lake Monroe, the county-site of said Mosquito county.
Be it resolved, That our Delegate in Congress be requested to
use his best exertions for the establishment of a Post-Office at the
said county-site of Mosquito county.
Be it further resolved, That a copy of this preamble and resolu-
tions be transmitted to the Post Master General, and to our De!er
gate in Congress.
Approved 22d February, 1843.


No. VII.
WHEREAS, the importance of connecting the waters of the Atlan-
tic with the Gulf of Mexico is acknowledged by the intelligent
community of every portion of the United States, whether viewed
as essential to the defence of the South, in affording facilities to
our military operations in time of war, or regarding the safety of
the commerce of the Union around the peninsula of Florida, which
is now subject to an annual loss of five hundred thousand dollars
per annum, or regarding the safety and facility of the transporta-
tion of the mail from Charleston to New-Orleans, by which, at
much less expense and with greater speed, it can be transported:
Be it therefore resolved by the Governor and Legislative Council
of the Territory of Florida, That Congress be respectfully request-
ed to take early action to open a communication either by canal or
railroad from some point on the St. Johns river, in East Florida, to
some point on the Suwannee river or the Gulf of Mexico.









beuolations. Be it further resolved, That a copy of the foregoing preamble and
resolutions be transmitted to the President of the United States, the
184s. Secretary of War, and the Post Master General; and that a copy
be also transmitted to the President of the Senate, the Speaker of
the House of Representatives, and to our Delegate in Congress,
who is requested to urge on Congress the importance of the pro-
posed communication.
Approved 22d February, 1843.





No. VIII.
WHEREAS, in an act entitled An act for the completion of cer-
tain improvements in the Territory of Florida," approved the 24th
of February, 1835, the Congress of the United States did appropri-
ate the sum of ten thousand dollars for clearing out the Ocklawaha
river from the St. Johns to Glassall's Springs, near Camp King, for
purposes therein set forth, which, owing to the continuance of the
Seminole War, has not been applied to the purposes for which it
was intended, and which sum has subsequently reverted to the
Treasury of the United States: AND WHEREAS, the influx of popu.
nation into that section of country through which said river Ockla-
waha runs, renders its navigation desirable for many considera-
tions :
Therefore, be it resolved, That our Delegate in Congress be
requested to use his best exertions to effect a re-appropriation of
the said sum of ten thousand dollars, to be applied as was origin-
ally intended.
Approved 22d February, 1843.





No. IX.
WHEREAS, Columbia county has, since the assignment of repre-
sentation by act of Congress to the various counties in this Terri-
tory, greatly increased and is still increasing in population : AND
WHEREAS, the present population of said county is sufficiently large
to entitle it to two members in the House of Representatives of the
Legislative Council : Therefore,
Be it resolved by the Governor and Legislative Council of the
Territory of Florida, That the Delegate in Congress be requested
to use his best efforts to procure the passage of an act of Congress,
allowing said county an additional member to the House of Repre-
sentatives.
Approved 23d February, 1843.











No. X.
WHERBAS, there is good reason to believe that many papers of Relolutions.
interest to the citizens of this Territory, appertaining to the office
of Quarter Master General, (which office is now vacant), are at 1843.
this time under the charge of no officer of this Government, but
liable to be lost or misplaced :
Therefore be it resolved by the Governor and Legislative Council of
the Territory of Florida, That the Auditor of Public Accounts, or
some other officer under the direction of His Excellency the Gov-
ernor, take charge of as many of said papers as may come to his
knowledge, and retain the same in his keeping till the said office of
Quarter Master General shall be filled.
Approved February 24th, 1843.


No. XI.
Preamble and Resolutions asking fronr Congress an appropriation to repair the
road from Jacksonville to Alligator.
WHEREAS, the direct road leading from Jacksonville to Alligator,
a distance of about seventy miles, and on which the mail must
eventually pass, it being the only direct line, and it will be per-
ceived that the way the mail now goes, it is about one hundred
miles from the former to the latter place, is now very bad, and at
times, almost impassable:
Therefore be it resolved by the Governor and Legislative Council
of the Territory of Florida, That our Delegate in Congress be
requested to use his best exertions to obtain an appropriation of ten
thousand dollars for the repairs of the aforesaid road.
Be it further resolved, That as soon as this preamble and resolu-
tions be passed and signed by the proper officers, a certified copy
of the same be forthwith forwarded to our Delegate in Congress.
Approved 24th February, 1843.



No. XII.
The Committee on public accounts, to whom was referred that
portion of the Governor's Message. in relation to claims upon the
General Government; ask leave to submit the following report and
resolutions:
The Committee fully acquiesce in the views of his Excellency
in relation to the injury which our citizens have sustained, by the
delay on the part of the Government, to satisfy their just claim upon
it for services rendered and supplies furnished to troops of the
United States, in the prosecution of a protracted war, with the In-
dians in Florida.










aseolation. This delay was first attempted to be justified, on the ground that
Sthe Government was not in possession of that kind of evidence
1843. which was calculated to establish beyond a reasonable doubt, the
justice of those claims, which had been rendered against it, and it
was confidently stated that, so soon as those doubts could be re-
moved by submitting the accounts of claimants to the investigation
of a tribunal, constituted for that purpose, they would receive full
and prompt satisfaction. They were accordingly so submitted, and
passed the ordeal of a tedious and elaborate examination, in many ca-
ses subjecting claimants to no inconsiderable embarrassment, by re-
quiring of them the most rigid testimony, and frequently confining
them to the nicest technicalities in the establishment of their accounts.
It was natural therefore, to expect that after all this ceremony of
means had been put in requisition to arrive at the truth, that when
that result had been accomplished, the portion of the claim which
was decided to be just, would have been paid cheerfully, and with-
out delay; more especially after an appropriation had been made
for that specific object. But thus far these reasonable expectations
have not been realized, and the soldier who repaired from his do-
mestic avocations at his country's call, to repel the invasions of her
enemy, and the citizen who parted with the earnings of his indus-
ty, to save him from the pangs of hunger, presuming upon the prompt
justice of his government for compensation, have alike been taught
the mournful truth, that the best human expectations are doomed to
disappointment.
The Committee are aware that our National Government, no less
than individual citizens, have experienced financial embarrassments,
without perhaps a parallel in its history, but still amid all these, ap-
propriations have been made and expended for numerous objects,
which merited no higher claim to its attention than the payment of
the accounts in question; for if precedence be given to any class of
subjects, in the disbursement of its revenue, they are of opinion it
is due to the defenders of their country, and to those who furnish
them with the means of subsistence.
They therefore recommend the adoption of the following resolu-
tions.
Resolved, That our Delegate in Congress be requested to call the
early attention of Government to the settlement of these claims, and
to insist upon their payment with the least possible delay.
Resolved, That our Delegate be furnished with a copy of this
report and resolutions.
Approved 24th February, 1843.


No. XIII.
WHEREAS, at the 2d session of the 27th Congress, an act was
passed which provides that no session of the Legislature of a Ter-
ritory shall be held until an appropriation for its expenses shall
have been made by Congress : And whereas, said act makes the









very existence of this Legislative Council dependent on a contin- Bcsolation.'
agency, by the provisions aforesaid, thus greatly endangering the
rights and interests of the people of Florida: And whereas the le84
said act limits the compensation of the officers to a sum inadequate
to the amount of services rendered:
Be it therefore resolved by the Governor and Legislative Council
of the Territory of Florida, That our Delegate in Congress be re-
spectfully but earnestly requested to use his best efforts to have the
said act so amended or modified as to give td the Legislature of
Florida the right of holding its sessions without waiting the passage
of an appropriation bill, by Congress, and also to increase the com-
pensation of its officers.
Approved 1st March, 1843.



No. XIV.
WHEREAS, the limited number of post offices in the county of
Alachua (which is rapidly increasing in population) is productive of
much inconvenience to the inhabitants of said county :
Be it resolved, That our Delegate in Congress be requested to
use his best exertions for the establishment of a post office at Fort
King in said county of Alachua.
Be it further resolved, That a copy of the foregoing preamble and
resolutions be transmitted by the Secretary of this H1ou!d to our
Delegate in Congress.'
Approved slt Mardh, 1843.



No. XV.
HEREEAs, an appropriation was made by Cong'ess,'ini the year
1838, of ten thousand dollars. for opening and constructing a road
from Tallahassee to lola, on the Apalachicola rifer, in the Territo-
ry of Florida, 'nd the engineer appointed by the General Govern-
ment to superintend the opening and construction of said road,.
owing to the dangers of the Indian war, declined to proceed with
the said work, whereby the said appropriation of ten thousand dol-
lars has reverted to the Treasury of the United States: And where-
as, the said road, if opened, will be of much advantage to the
United States and the people of Florida, and would materially
facilitate the speedy transportation of the mail, at a diminished cost,
to and from this Territory to the Southwest: Therefore,
Be it resolved by the Governor and Legislative Council of the Terri-
tory of Florida, That Congress be respectfully solicited to re-ap-
propriate the said sum of ten thousand dollars for the said road.
Be t further resolved, That the Hon. David Levy, Delegate in
Congress, be requested to lay this preamble and resolutions before









lesolutions. Congress, and that a certified copy be transmitted to him without
delay, and the Clerk is hereby directed to forward the same.
1843 Approved 1st March, 1843.


No. XVI.
WHEREAS, the citizens of Blount's Town, and those living in its
vicinity on the Apalachicola river, in the county of Calhoun, labour
under great inconvenience as to mail facilities, it being twenty-five
miles to any Post-Office:
Be it therefore resolved by the Governor and Legislative Council of
the Territory of Florida, That our Delegate in Congress, the Hon.
David Levy, be requested to use his best exertions to have a Post-
Office established in Blount's Town ; and to have Shadrack Sutton,
Esq. appointed Post-Master at said place.
Resolved further, That a copy of the foregoing preamble and
resolutions, be duly authenticated and forwarded to our Delegate in
Congress.
Approved 1st March, 1843.



No. XVII.
Preamble and resolution relative to the Petition of John B. Taylor.
WHEREAS, it appears by the affidavit of John B. Taylor, that a
draft on the Treasury of Florida, for three hundred and nine dollars
and fifty cents, in favor of Jonathan Thomas, given by John Miller,
Auditor of Public Accounts, has been lost by the said John B. Taylor,
and that he has given public notice of the same, and of his inten-
tion to apply,for its renewal:
Be it therefore resolved by the Governor and Legislative Council
of the Territory of Florida, That the Auditor of Public Accounts
for the Territory of Florida, be, and he is hereby authorized and
directed to issue a Duplicate Draft in lieu of the original, which
shall be of the same borce and effect as the original.
Approved llth March, 1843.



No. XVIII.
WHEREAS, the city of Apalachicola, from her commercial advan-
tages, is enabled to rank among the first commercial cities on the
Gulf of Mexico : And whereas, the Congress of the United States
have made appropriations and erected marine hospitals, for the sup-
port of sick'and disabled American seamen, in all the principal
seaports of the United States : Ard whereas, the Congress of the
United Statqe hath not before been solicited to erect a Marine Hos-









pital at Apalachicola, in the Territory of Florida: And whereas, ResolutioM.
the shipping has increased within the last year to a great extent;
and the great number of sick and disabled seamen having increased 1843.
in proportion to the shipping, justly entitles her to ask of Congress
an appropriation of ten thousand dollars for the erection of a Marine
Hospital, to be located upon some eligible position on the Bay of
Apalachicola.
Be it therefore resolved by the Governor and Legislative Cuuncil
of the Territory of Florida, That our Delegate in Congress be
requested to use his exertions to procure the aforesaid appropria-
tion for the purposes aforesaid.
Be it further resolved, That a copy of this preamble and resolu-
tions be forwarded to the Hon. David Levy, our Delegate in Con-
gress.
Approved 14th March, 1843.


No. XIX.
WHERteAS, the establishment of a mail route from the city of
Apalachicola to Marianna, would afford many facilities to the citi-
zens residing at St. Andrews. and on the Econfena river: And
whereas, no mail passes nearer these places than Holmes' Valley,
a distance of more than twenty-five miles, to these people a matter
of great inconvenience:
Be it therefore resolved by the Governor and Legislative Council
of the Territory of Florida, That our Delegate be, and he is hereby,
requested to use his best exertions to procure the establishment of
a mail route from Apalachicola, via St. Joseph, St. Andrews and
Econfena, to intersect with the Alligator route at Marianna.
Be it further resolved, That the above resolution shall not, in any
way, change the present mail route to the city of Apalachicola by
stea rmboat.
Be it further resolved, That a copy of these resolutions be for-
warded to the Hon. D. Levy, Delegate in Congress; also, to the
Post-Master General.
Approved 14th March, 1843.


No. XX.
WHEREAS, the Legislative Council of this Territory has, at the
present session, passed an act organizing a county in East Florida,
to be called Hernando county : And whereas, there are several
navigable streams in said County :
Be it resolved by the Governor and Legislative Council'of the
Territory of Florida, That no, person whatsoever shall, under any
circumstances, build or construct any bridge, or any other impedi-
ment, across any such streams, which may tend to obstruct the
navigation thereof.
Approved 15th March, 1843.
10







74



Resolutions, No. XXL
Preamble and Resolutions relative to Preemption Claimants.
1843. WHEREAS, many of the citizens of this Territory, settled at an
early period on Lands which were then supposed to be the proper-
ty of the United States, since held by claimants under Spanish
Grants : And whereas, they have been debarred the rights of pre-
emption, a privilege extended to the early settlers of this Territory:
And whereas, in justice they should be entitled to all the privileges,
which have been extended to others settling on public lands.
Be it therefore resolved by the Governor and Legislative Council
of the Territory of Florida, That our Delegate in Congress be re-
quested to use his best exertions to procure the passage of a law by
Congress, allowing all persons who may have settled on lands since,
determined to belong to claimants under grants, or who may here-
after settle on any lands which may be decided to be the property
of claimants under grants, to locate the quantity of land to which
they would have been entitled under preemption, on any public
lands (not reserved) in this Territory, subject to entry as other lands
held by preemption.
Be itfurther resolved, That a copy of these resolutions be for-
warded to the Hon. David Levy our Delegate in Congress.
Approved 15th March, 1843.


No. XXII.
Resolutions relative to the Union Bank of Florida.
Resolved by the Governor and Legislative Council of the Territo-
ry of Florida, That in their opinion, the two resolutions adopted by
the Stockholders of the Union Bank of Florida, at their late annual
meeting, which resolutions have for their object, to permit under
certain conditions, stockholders to cancel any number of shares in
the capital stock of said Bank, and giving a corresponding release
of the Mortgage upon their property and stock notes, are in their
spirit and tenor, a violation of the charter of the original act of In-
corporation of said Bank.
Resolvedfurther, That should the stockholders of said Bank re-
fuse to revoke or repeal the said two resolutions, and the Directors
of said Bank proceed to act under the same, thereby releasing any
of the securities of said Bank; then the Governor of this Territory,
is hereby authorized and required to cause to be instituted proceed-
ings against said Bank, by injunction or otherwise, and to procure
a decree of forfeiture of the Charter thereof, and also to obtain a
decree for the sequestration of the effects of said Bank, and the ap-
pointment of commissioners to take charge of the same for the ben-
efit of all concerned, and cause the affairs of said Bank to be wound
up with as little delay as practicable.
Approved 15th March, 1843.











No. XXIII.
Resolutions.
Preamble and Resolutions relative to the compensation of the officers of the
Two Houses 1843
WHEREAS, by an act of Congress approved August 29th, 1842,
the number of clerks and officers of the Legislative Council has
been reduced, and their pay fixed at three dollars per diem each:
And whereas, by said reduction the duties and labors of said offi-
cers are increased, thereby rendering it almost impossible to obtain
suitable and competent persons to fill some of the most important
offices of a Legislative body, at the rate now fixed:
Therefore, be it resolved by the Governor and Legislative Council
of the Territory of Florida, That the pay of the chief clerk of the
House, and the Secretary of the Senate is too small to induce com-
petent persons to take upon themselves the responsibility and labor
of the office, and that the same ought to be increased to six dollars
per diem, and in the opinion of this Legislature, they should be
paid that sum for their labors at the present session.
Resolved further, That the pay of the other clerks and officers of
the Legislative Council, be increased to four dollars per diem, and
in the opinion of this Legislative Council, they should receive that
sum for their services to the present Council.
Resolved further, That certified copies of the above resolutions
be sent to our Delegate in Congress, and the Secretary of the
Treasury.
Approved 15th March, 1843.




No. XXIV.
WHEREAS, it hath been represented to this Legislative Council
that all the lands lying and being within the county of Franklin are
covered by a Spanish grant known as Forbes & Co.'s grant : And
whereas, the act of Congress giving to the Territory every sixteenth
section in every township and range, for school purposes, does not
nor cannot apply to that county, for the reasons aforesaid: And
whereas the said county is rapidly settling, and a school fund for
the education of poor children would tend to increase her emigra-
tion still further, and would tend to the promotion of learning in said
county:
Be it therefore resolved by the Governor and Legislative Council ef
the Territory of Florida, That our Delegate in Congress be re-
quested to use his best exertions to have a law passed by the Con-
gress of the United States, authorizing the Governor of this Terri-
tory to appoint some discreet person to locate six sections of any
unreserved public lauds in said Territory, for school purpose, as
aforesaid.









leNoltiolls. Be it further resolved, That a copy of this preamble and resolu-
tion be forwarded to our Delegate in Congress.
1843 Approved 15th March, 1843.



No. XXV.
Resolved by the Governor and Legislative Council, That the laws
of the Territory of Florida, which are usually published in three
papers in the Territory, be hereafter published in four, and that a
paper in the city of Apalachicola have the publishing of the same.
from and after the present session of the Council.
Approved 15th March, 1843.



No. XXVI.
Resolutions relative to the claims of citizens of Florida upon the United States.
Resolved by the Governor and Legislative Council of the Territory
of Florida, That our Delegate in Congress be requested to urge up-
on the Secretary of War and the Congress of the United States,
the necessity, expediency and justice of authorizing some officer or
officers, capable of performing the duty, to proceed immediately to
the investigation of the claims of the citizens of Florida, for milita-
ry services rendered, transportation, subsistence and forage fur-
nished in prosecuting the Florida war, and to report the actual sit-
uation of said claims.
Resolved further, That for the better guidance of the Territorial
Legislature in their future action upon the subject, and for the in-
terest of all concerned, the Secretary of War be requested to au-
thorize Col. S. Churchill (who, possessing alike the confidence of
the Government and of the people of Florida, and, from his situa-
tion as inspector General for many years in Florida is, perhaps,
better qualified than any other person,) to proceed, as soon as his
other duties will allow, to investigate and report upon all the mili-
tary claims of the citizens of Florida.
Resolved Jurther, That certified copies of this report and resolu-
tions be sent to our Delegate in Congress, the Secretary of War,
and the President of the United States.
Approved 15th March, 1843.



No. XXVII.
Resolution relative to imposing certain duties upon the Secretary of the
Territory.
Resolved by the Governor and Lrgislative Council of Florida,
That the Secretary of the Territory be, and he is hereby, required,
and it is made his duty, to take charge of the census returns referr-









ed to in the Message of His Excellency the Governor, and deposit tesolutltBls
them and the books received by the Executive from the United -
States, and from the States of the Union, in appropriate places, in 184
a room to be assigned by the Governor for that purpose ; that he
have all the books, pamphlets, &c., bound that require it; that said
Secretary reclaim and receive such books belonging to the Terri-
tory, as have been loaned or taken from the office; and that no loan
of any of said books be hereafter made without consent of the Gov-
ernor, and a receipt in a book to be kept for the purpose ; and for
the expenses incurred hereby, the Governor is authorized, on being
satisfied of the correctness of the charge, to make a requisition on
the Treasury therefore.
Approved 15th March, 1843.



No. XXVIII.
Resolved, That a select committee of three be appointed by this
House, to act with a similar one from the Senate, to examine and
report upon such accounts as may be presented to this Legislature
for approval.
Approved 15th March, 1843.



No. XXIX.
WHEREAS, it hath been made known to this Legislative Council,
by petition of the Chamber of Commerce of the city of Apalachi-
cola, that they have petitioned Congress for an appropriation to
deepen the Straight Channel in the Bay of Apalachicola, whereby
vessels of greater burthen can be brought to the wharf of said city:
And whereas, the growing and commercial importance of the said
city of Apalachicola, enables her to ask with great justice for the
efficient aid of the General Government, in order to develop more
surely and speedily her great resources and commercial advanta-
ges: And whereas, the exports and imports from and to the said
Bay of Apalachicola, are continually and surely increasing: And
whereas, her commerce is greatly embarrassed in consequence of
the filling up of the channel aforesaid; and it is believed that a
comparatively small appropriation would effectually remove the
cause of embarrassment:
Be it therefore resolved, That the Legislative Council most respect-
fully memorialize Congress that the prayer of the said petitioners,
to wit, the petition of the Chamber of Commerce of the city of
Apalachicola. may be granted'; and that the sum of twenty-five
thousand dollars be appropriated by Congress, from the Treasury
of the United States, for the deepening and widening of the Straight
Channel in the Bay of Apalachicola, to be expended under such
appointment arid superintendance as Congress may direct; and that









lUolatiULg a copy of this preamble and resolution be forwarded to the Secres
tary of the Treasury, and to our Delegate in Congress, respectfully
1848. requesting him to lay the same before Congress, and to use his
influence and exertion to have said appropriation made.
Approved 15th March, 1343.


No. XXX.
Be it resolved by the Governor and Legislative Council of the Ter-
ritory of Florida, That in case of Congress not appropriating a
suitable sum for the completion of the Capitol, the Commissioner
of the city of Tallahassee shall, with the approbation of the Gov-
ernor, proceed immediately to have a suitable loof placed on the
part of the building not already covered in, to be permanent or not
as may be deemed most advisable; and that the said Commissioner
use the means of the fund if they can be made available to that
purpose, or contract on the faith of means to be hereafter provided,
or borrow money if the same can be had, as may be deemed most
advisable.
Approved 15th March, 1843.



No. XXXI.
Resolved by the Governor and Legislative Council of the Terri-
tory of Florida, That our Delegate in Congress be, and is hereby,
requested to procure the passage of a law by Congress for the
re-location of valueless sixteenth sections, or school lands, on any
public lands in this Territory not reserved.
Resolved further, That a copy of these resolutions be forwarded
to the Hon. David Levy, and he be requested to lay the matter
before Congress.
Approved 15th March, 1843.



No. XXXII.
WHEREAS, it has been the policy of the Government of the United
States to induce emigration, whereby many persons having come
into Florida since its cession from Spain, and therein expended
their time, means and labor for many years, in preparing homes and
making subsistence for themselves and children: And whereas,
emigrants and settlers had looked with confidence to the Govern-
ment of the United States for protection and safety against the
wandering bands of Indians, which protection was its duty and
within its power to give : And whereas, the war which commenc-
ed and has for a long time continued, under the frequent assurances
from Government of peace, to the great loss of life, and to the









destruction of the renewed hopes of the inhabitants, ard in many gelu1tiougs
instances to the entire destruction of their property and means of
livelihood : And whereas, the people of the Territory of Florida 1843,.
had neither the ability nor the right to raise money, for the out-fit
and maintainance of troops for carrying on the same: But these
were the duties and prerogative of the General Government only,
of which it has assiduously maintained the direction and control
thereof:
Be it unanimously resolved by the Governor and Legislative Coun-
cil of the Territory of Florida, That the depredations upon property
made by the Seminole Indians, is a loss to the settlers of Florida,
for which the Government of the United States is bound in justice
to make a fair and early reparation.
Resolved further, That the Hon. the Delegate in Congress, from
the Territory of Florida, is requested to make an earnest appeal to
the Government of the United States for the payment of losses of
property suffered from Indian depredations, and that a copy of this
preamble and these resolutions be communicated to him by the
Secretary of the House of Representatives of the Legislalite Coun-
cil.
Approved 15th March, 1843.





No. XXXIII.
Resolved by the Governor and Legislative Council of the Territo-
ry of Florida, That the Secretary of Florida be requested to have
printed as soon as practicable, and at the least expense, one hun-
dred copies of the laws named in the annexed fist, and furnish each
member of both houses of the Legislative Council with one copy,
in a proper form to be attached to the pamphlet containing the laws'
of Congress relative to Florida, passed prior to the year 1838.

LIST OF LAWS.-Passed in the year 1838
An act making appropriations for certain roads in the Territory
of Florida. Chap. 164, p. 106.
An act to establish a new judicial district in the Territory of
Florida. Chap. 181, p. 156.

Passed in the year 1839.
An act making appropriations for preventing and suppressing
Indian hostilities.
An act to provide for the erecting of public buildings in the Ter-
ritory of Florida. Chap. 70, p. 39.
An act for the relief of certain officers of the Florida Militia.-
Chap. 100, p. 89.









giolutions, Pamsd in the year 1842.
1843 Extract from anr act making appropriations for the civil and di-
plomatic expenses of Government, for the year 1842. Chap. 29,
No. 173, p. 28.
Also, an act to provide for the armed occupation and settlement
of the unsettled part of East Florida. Chap. 132. p. 81.
An avt for the payment of Florida Militia. Chap. 280, p. 220.
A proclamation by the President of the United' States.
Original treaty of amity, settlement and limits between the Uni-
ted States of America and his Catholic Majesty. Laws of Florida,
p. 111.
An act respecting fugitives from justice and persons escaping
from the service of their masters. Story's Laws of the United
States, Vol. I. p. 284.
An act to prescribe the mode in which the public acts, records
and judicial proceedings in each State, shall be authenticated, so
as to take effect in every other State. ]bid pp. 93 and 947.
An act to establish the Judicial Courts of the United States. Ibid
pp. 53 and 300
An act to authorize the President of the United States to take
possession of East and West Florida, and to establish a temporary
Government therein. Ihid, Vol. III. p. 1745.
An act for carrying into execution the treaty between the Uni-
ted States and Spain. concluded at Washington, on the 22d Febru-
ary, 1819. ]bid, p. 1817.
An act to provide for the collection of duties on imports and ton-
age in Florida, and for other purposes. Ibid, p. 1850.
An act for ascertaining claims and titles to land within the Ter-
ritory of Florida. Ibid, p. 1869.
An act amending and supplementary to the act for ascertaining
claims and titles to land in the Territory of Florida, and to provide
for survey and disposal of the public lands in Florida. Ibid,
p. 1907.
An act to extend the time limited for the settlement of private
land claims in the Territory of Florida. Ibid, p. 1935.
An act to extend the time for the settlement of private land claims
in the Territory of Florida, to provide for the preservation of the
public archives in said Territory, and for the relief of John John-
Johnson. Ibid, p. 2008.
An act giving the right of pre-emption in the purchase of land to
certain settlers in the States of Alabama, Mississippi, and the Ter-
ritory of Florida. Ibid, p. 2017.
An act to provide for the confirmation and settlement of private
land claims in East Florida, and for other purposes. Ibid, p. 2403.
An act to confirm the report of Commissioners for ascertaining
claims and titles to lands in West Florida, and for other purposes.
Ibid, p. 2019.
An act granting donations of land to certain actual settlers in the
Territory of Florida. Ibid, p. 1935.









An act authorizing and changing the time of the session of the k eoIntiOiu
Legislative Council of the Territory of Florida. Ibid, Vol. VIII.
pp. 41 and 302. 184.
An act to establish ports of delivery at Port Ponchartrain and
Delaware city, and for other purposes. Ibid, p. 467.
An act supplementary to the several acts providing for the set-
tlement and confirmation of private land claims in Florida. Ibid,
p. 66.
An act to authorize the disposition of the fund arising from the
sale of a quarter section of land reserved for the use of schools in
Florida. Ibid, p. 708.
An act amending and supplementary to the act for ascertaining
claims and titles to land in the Territory of Florida, and to provide
for the survey and disposal of the public lands in Florida. Ibid,
Vol. III. p. 1907.
An act to provide for the location of two townships of land re-
served for a seminary of learning in the Territory of Florida, and to
complete the location of the grant to the Deaf and Dumb Asylum
of Kentucky. Laws of Florida, p. 99.
An act concerning wrecks on the coast of Florida. Ibid, p. 109.
An act to organize the Legislative Council of the Territory of
Florida, and for other purposes. Laws of the United States, A. D.
1838, p. 156.
An extract of an act making appropriations for the civil and di-
plomatic expenses of Government for the year 1842. Laws of the
United States, A. D. 1842, pp. 23 and 28.
An act to provide for the armed occupation and settlement of the
unsettled parts of East Florida. Ibid, p. 81.
An act to provide for the settlement of certain accounts, for the
support of Government in the Territory of Wisconsin, and for other
purposes. Ibid, p. 167.
An act in reference to pre-emption on disputed boundaries. Ibid,
A. D. 1833.
An act to appropriate the proceeds of the public lands and to
grant pre-emption rights. Tbid, Sept. 4th, 1841.
Approved 15th March, 1843.
























IN SENATE, Thursday, 9th March, 1843.
Mr. Yonge offered the following resolution:
Resolved by the Senate and House of Representatives, That the
following rules of practice in the Courts in the Territory establish-
e8011Ution1. ed by the Court of Appeals, in conformity to an act of the Council,
1843. passed in 1832, be printed with the laws of the present session.
Adopted by the Senate 10th March, 1843.
THOS. T. LONG, Secretary.
Adopted by the House 10th March, 1843.
H. ARCHER, Secretary.







RULES OF PRACTICE
FOR THE

COURT OF APPEALS
OF THE
TERRITORY OF FLORIDA.



RULE 1. It shall be required of an applicant for admission as an
Attorney and Counsellor in this Court, that he should have prac- Court of Ap-
ticed as such, in a Superior Court of. this Territory, and have peals-Rules
sustained a fair private and professional character.
RULE. 2. The practice of the Supreme Court of the United 1833.
States, so far as the same is consistent with the Organic Law, and
with the acts of the Legislative Council, shall be the out-line of the
practice of this Court, to be altered from time, as circumstances
may render the same necessary.
RULE 3. Previous to the argument of any cause in this Court,
it will be expected that the Counsel engaged in such cause furnish.
the Court with the material points, in writing.
RULE 4. No Record of the Court shall be suffered by the Clerk
to be taken out of.his office, but by consent of Court.
RULE 5. In every cause in which the defendant shall fail to ap-
pear, the plaintiff may proceed ex parte."
RULE 6. If the defendant shall refuse to plead to issue, and the
cause shall be called for trial, the Court may proceed to hear an
argument on the part of the plaintiff, and give judgment according.
to the rights of the cause.
RULE 7. When it shall be made to appear to this Court, that an
appeal has been prayed and allowed in a Court below, and that the
same has not been brought up and placed upon the docket, as the
law requires, the same shall be annulled on motion, and the judg-
ment of the Court below shall proceed to execution, as if no such.
appeal had been allowed.
RULE 8. Whenever, pending a suit in this Court, either party
shall die, the proper representatives in the personalty or realty of
the party decedent, may voluntarily come in and be made party to
the suit, and thereupon, such suit shall be determined as other suits;
and if such representatives shall not voluntarily become party,
then the other party may suggest the death on record : whereupon,
on motion in writing, he may obtain an order that, unless such re-









Court of Ap- presentatives shall not voluntarily become party, then the other
peals-Rules party may suggest the death on record: whereupon, on motion in
of Practice. writing, he may obtain an order that, unless such representatives
1833. shall become party within the first three days of the ensuing term,
he shall, if defendant, be admitted to have the suit dismissed, and
if the plaintiff, [a hearing being had] to have the judgment revers-
ed, if erroneous ; provided, that a copy of every such order shall
be printed in some newspaper at the seac of Government, for three
successive weeks, beginning at least sixty days before the first day
of the term. of the Court of Appeals, then next ensuing.
RULE 9. No cause shall be heard, until a complete record shall
be filed with the Clerk of this Court, containing in itself, without
reference "aliunde," all the papers, exhibits, depositions and other
proceedings, which are necessary to a hearing in this Court.
RULE 10. In all cases in which a writ of error or appeal shall
appear to have been sued out merely for delay, damages shall be
awarded under the statute, not exceeding twenty per cent.: but in
cases where there exists a real controversy, the damages shall be
only at the legal rate of interest.
RULE 11. All parties in this Court, not being residents of the
Territory, shall give security for the costs accruing in this Court, to
be entered of record.
RULE 12. If the Clerk of this Court shall produce satisfactory
evidence by affidavit, or the acknowledgment of the parties, or their
sureties, of his having served a copy of the bill of costs due by
them respectively in this Court, on such parties or sureties, an at-
tachment may issue against such parties or their sureties, to compel
payment of such costs.
RULE 13. Only two Counsel shall be heard on either side of a
cause, unless by special permission of the Court.
RULE 14. Whenever it shall be necessary or proper, in the opin-
ion of any Judge of a Superior Court, that original papers of any
kind should be inspected by this Court on appeal, such Judge may
make such rule or order, for the safe-keeping, transporting, or re-
turn of such original papers, as to him may seem proper ; and this
Court will receive and consider such original papers in connection
with the transcript of the proceedings.
RULE 15. No certiorari upon a suggestion of a diminution of the
record, shall be ordered in any cause, unless a motion shall be
made therefore in writing, setting forth the facts upon which the
same is found, which, if not admitted by the other party, shall be
verified by affidavit; and all such motions shall be made at the
terms at which the cause is sent up to this Court; otherwise they
shall not be granted, unless upon special cause shown to the Court
accounting for the delay.
RULE 16. In all causes brought up to this Court, it shall be the
duty of the plaintiff's Counsel to assign errors, or file exceptions,
as the case may be, and he shall not be permitted in argument to
discuss any other matters on the record, save those included in the
bill of errors or exceptions filed.









RULE 17. Immediately after the opening of Court on each day, Court of Ap-
and before argument, the Court will entertain motions. peals--Rules
RULg 18. [Adopted by the Court of Appeals, January Term, of Practice.
1837.] That in all cases brought into this Court by appeal, writ of 33--.
error, or otherwise, either party shall be admitted to apply for and
receive from the Clerk of this Court, a copy of the record, the costs
of which shall abide the event of the suit, and be taxed as other
costs in the case.
The following is added to the rules of practice in the Court of
Appeals, to be denominated
RULE 19.-Testimony to be used in the Court of Appeals, in
Admiralty cases, may be taken before any of the Clerks of the
Superior Courts who may issue subpoenas to compel the attendance
of witnesses. If the proctors reside in the same county, and notice
of the examination has been given such length of time as the Clerk
may deem reasonable, witnesses may be examined before such
Clerk orally, and without interrogatories-in all cases the testimony
may be taken on interrogatories. On filing interrogatories before
the Clerk, he shall appoint a time in which cross interrogatories
may be filed, and shall direct a copy of the interrogatories to be
served on the opposite party. The Clerk shall reduce the testimo-
ny to writing, certify, envelope, and seal the same, and deliver it to
the party entitled thereto; or transmit the same to the Clerk of this
Court by private conveyance or mail.








RULES
ADOPTED BY THE COURT OF APPEALS FOR THE
GOVERNMENT OF THE PRACTICE
IN THE
SUPERIOR COURTS OF FLORIDA.

SECTION 12. Be it further enacted, That the said Court of Appeals shall Sup'r Cou
have power, and it shall be its duty, to make all necessary RULES for the regu- Rules.
lation of the Superior Courts, as well as for the Court of Appeals."-Act of
the Legislative Council. Approved, Feb. 10, 1832. 1833.

JANUARY TERM, 1833.

TERRITORY OF FLORIDA: COURT OF APPEALS:
City of Tallahassee: January Term, 1833.
Present:
The Hon. THOMAS RANDALL,
Judge of Middle Florida, and President of the Court.
The Hon. JOHN A. CAMERON,
Judge of West Florida.
The Hon. ROBERT RAYMOND REID,
Judge of East Florida.
THOMAS ESTON RANDOPH, Marshal.
JAMES S. LINN, Clerk.
Judge WEBB, of the Southern District, was prevented from at-
tending the Court by unavoidable circumstances.

RULES
LAW DEPARTMENT.
I. ALL Inquisitions and Recognizances shall be returned as soon
as practicable after they are taken, to the Clerk of the Superior
Court, where they are properly returnable; and the Clerk of the
Court shall transmit the same by the first safe conveyance (the mail
excepted) to the District Attorney.
II. All Recognizances by order of the Court, shall be taken and
entered of record by the Clerk, under the direction of the District
Attorney.
III. The usualforms of receiving bills and arraigning prisoners,
shall be observed in the Courts.
IV. The right of concluding a criminal case belongs to the Dis-
trict Attorney, but cannot be d teg t~.c by him to another person.









Sup'r Courts V. If defendants under recognizance fail to appear when the
Rules. Criminal Docket is under consideration and their cases called in
13 in order, their recognizances shall be estreated and forfeited.
833

ATTORNEYS AT LAW.
VI. Persons making application for admission to the Bar, shall
apply by petition to one of the Judges of the Superior Courts, pre-
senting with the said petition, evidence of having attained the age
of twenty-one, and of good moral character; if the application be
made in vacation, the Judge shall, at a convenient season, thorough-
ly examine, at his chamber, the said applicant, and if found quali-
fied, the Judge shall cause him to be duly sworn in, and shall issue
to him a License, in the following form :
At Chambers, day of 18
To A. B. Esquire.
THESE are to permit you to practice as an
Attorney, Councellor and Solicitor, in the several Courts of the
Territory of Florida. C. D.
Judge S. C. D. Florida."
Which said license shall be recorded by the Clerk upon the min-
utes of the Court, and then delivered to the Attorney; and the said
Clerk may, if required, issue to said Attorney at Law, the following
commission, for which he may charge and receive the sum of five
dollars.
"TERRITORY OF FLORIDA.
KNOW ALL MEN by these presents, that A. B.
Esquire, having made application to plead and practice in the sev-
eral Courts of this Territory, and the said A. B. Esquire, having
given satisfactory evidence of good moral character, as the law di-
rects, and having been duly examined touching his knowledge of
the Law, and found well qualified and skilled therein: He was
admitted to all the privileges of an Attorney, Solicitor and Counsel,
lor at Law in the several Courts of this Territory.
IN WITNESS whereof, the presiding Judge hath
hereunto set his hand, with the seal of the Court an-
nexed, this day of in the
year 18 C. D.
E. F. Clerk, Judge S. C. Dist. Florida."
If the application be in Term, the Court shall appoint two members
of the Bar to examine the applicant, and shall administer to them
the following oath: You and each of you, do solemnly swear that
you will, well and truly, examine A. B. touching his qualification as
an Attorney and Counsellor at Law and Solicitorin Equ/ty, and that
you will faithfully report the result of such examination to the Court.
So help you God!" Ard the said examination may proceed in open
Court, or be conducted in private, at the election of the examining
Committee; if the report of the Committee be favorable to the ap-
plicant, the License and Commission shall issue, as aforesaid.-









Though the above shall be the usual course of proceeding, nothing Sup'r Courts
herein contained, shall prevent the Judge from alone conducting Rules.
the examination in open Court, or appointing a committee to exam-
ine in vacation, should the said Judge think proper to do so.
VII. A license such as is described in the foregoing rule, or a
certificate under the hand and seal of the clerk of one of the circuit
courts of the United States of admission to practice in said circuit
court, shall be sufficient to admit the party applying, to appear in
any Superior Court of the Territory, as Attorney or Solicitor-but
the license or certificate must be first recorded as the law directs.
VIII. The oath of the applicant for admission to the bar, shall
be as follows: I, A. B. do solemnly swear, that I will support the
Constitution of the United States. I do further swear, that I will
honestly demean myself in miy profession, and exercise the duties there-
of to the best of my skill and abilities, so help me God !"
IX. No Attorney or other officer of court shall be taken as bail
in any criminal case, or as security in any appeal, writ of error, or
other proceeding.
X. It shall be the duty of every Attorney to address the court
from his place at the bar.
XI. No consent between counsel can be enforced by the court,
unless reduced to writing and signed by the parties to the consent.
XII. There shall be but one Attorney on record for each party
in a cause (except in the case of a law-partnership,) but there may
be as many associate counsel as either party may see fit to employ;
and the Attorney on record shall in all the pleadings and proceedings
sign his name to the same, or authorize some poison to sign for him.
CLERKS.
XIII. Every clerk shall keep a separate book, to be called The
Memorandum Book," in which he shall carefully transcribe every
recipe or memorandum, or other direction to issue process, or writs
of attachment.
XIV. The clerk shall keep the following dockets, full copies of
which shall be furnished by him to the bar, which shall be called
" bar dockets" in contradistinction to bench dockets"-and the bench
dockets shall not be subject to the inspection of the members of the
bar, or other person, while the court is in session, viz:
1. THE COMMON LAW APPEARANCE DOCKET: containing the cases
brought to each term.
2. THE COMMON LAW TRIAL DOCKET: containing all the cases
standing for trial, and the entries made therein upon the appearance
docket.
3. A MOTION DOCKET: upon which shall be placed all motions
which are not of course and which are litigated-and no such mo-
tion shall be heard, unless in its order upon said docket.
4. SHERIFF'S REPORT DOCKET: containing allillegalities andclaims.
N. B. The rules for the admission of attorneys, have no relation to applica-
tions of attorneys from Alabama and Georgia, unter the act of the twentieth of
November, 1829.









Sup'r Courts 5. A CRIMINAL DOCKET.
Rules. 6. A DOCKET OF APPEALS AND WRITS OF CERTIORARI.
7. AN EQUITY DOCKET.
1833. 8. A DOCKET OF LAND-CLAIMS.
9. A SUBPOENA DOCKET.
10. A JUDGMENT AND EXECUTION DOCKET.
11. A DEAD DOCKET: on which shall be placed all cases where-
in the plaintiff or defendant or both are dead.
XV. The clerk shall also keep a book offices, in which he shall
enter the amount of fines-the time at which it was imposed-the
amount paid and when, and the disbursement of the same.
XVI. The clerk will strictly observe the regulations contained
in the 59th section of the act regulating judicial proceedings, ap-
proved 23d November, 1828 ; and in addition to the provisions of
the said 59th section, it shall be the duty of the clerk, on receipt of
any deposition to be read in evidence on the trial of any cause,
whether said deposition have been taken under a commission or
otherwise, immediately, if deposited in due form, to break the seal
of the envelope and endorse on the said envelope, the title of the
cause, and the names of the witnesses whose depositions have been
taken, together with the date of the time when the commission is-
sued, and when it was returned to the clerk's office-which packet
so endorsed, it shall then be the duty of the clerk to place on file,
among the pleadings of the cause.
XVII. The clerk shall make upon his minutes, a note or state-
ment of all documentary evidence read on any trial; if deeds or
other instruments of writing-the names of the parties and date; if
depositions-the names of deponents and date of their depositions ;
-and shall endorse upon every plea, or exhibit in a cause, the time
of filling the same.

INTERROGATORIES.
XVIII. All objections to the execution of the commission for
taking interrogatories, or to the manner in which depositions are
taken, shall be made and disposed of, before the parties go into the
trial of the cause.
XIX. All objections to interrogatories or the form in which they
are conceived, must be assigned in writing by the cross examinant
before the depositions are taken.


MOTIONS AND NOTICES.
XX. All notices required by the law or by these rules, shall be
in writing [unless when otherwise directed] and affidavits of the
service thereof, will be required by the court, if said service be de-
nied by the opposite party-and not otherwise.
XXI. All motions arising in cases upon the appearance docket,
and all demurrers shall be argued when the cases are called on the
said docket, but the court may in its discretion, continue said mo-









tions and demurrer for advisement, and order them to be placed on Sup'r Courts
the motion docket. Rules.
XXII. The first hour of the session of the court on each day,
after the first day of the term, shall be occupied in the consideration 833.
of the motion docket; unless the court shall think fit to direct other-
wise.
XXIII. Notices to produce books and papers must be given ten
days at least, before the case is called for trial; but the court must
be satisfied that such books and papers are material in the cause;
and that the notice was not given for delay. If a nonsuit be order-
ed because the plaintiffdoes. not comply with the notice, or a judg-
ment by default be entered in case of non-compliance by defendant
-the said nonsuit may be set aside, and the case reinstated, in the
event of the production of said books or papers during the term;
and the said judgment by default may be set aside at any time dur-
ing the trial; provided, the defendant has-complied with the notice.
All such notices shall be made known to. the court and insisted up-
on, before the parties go into the trial of the cause ; otherwise, they
shall be considered as waived and. dispensed with.
XXIV. Upon all motions and rules- to show cause, the party
showing cause or objecting to the motion, shall commence and con-
clude. And no motion, not in its nature ex part, except those made
for the continuance of causes when called for trial, shall be made
in any cause, without reasonable notice served on the Attorney for
the opposite party.


NEW TRIALS.
XXV. If no motion be made for a new trial, or in arrest of judg-
ment, within four days after a verdict rendered, final judgment there-
on shall be entered but if the court should be about to adjourn, be-
fore the expiration of the said four days, such motion must be made
and submitted for argument, before the adjournment of the court.-
And when the court shall adjourn after any jury trial, before the
lapse of the said four days, the judgment shall be entered as of the
same term, at which the cause was tried, and in no case, unless for
special reason, delayed until the next term.
XXVI. No motion for a new trial shall be made, unless due no-
tice thereof shall be served on the opposite party, with a statement
of the grounds on which it is intended to make the motion.
XXVII. The court will grant new trials in all cases tried by a
jury, wherein" the verdict is against law or evidence, or against the
manifest weight of the evidence, or where there has been any ma-
terial mistake, or misconduct of the jury; or where the damages
awarded by the Jury, are grossly excessive, and in the opinion of
the court are unreasonable; or where the party applying for a new
trial, alleges and shows by affidavits the discovery of new and ma-
terial evidence, which he was not aware of, and could not produce
at the trial.









Sup'r Courts XXVIII. In all cases of new trials granted, except where the
Rules. verdict is against law or evidence, the costs of the former trial shall
-- be paid instanter by the party obtaining the new trial.
1833.


ORDER OF BUSINESS-PLEADING-PRACTICE.
XXIX. The court shall call its dockets of cases for trials twice
at each term, if time allow thereof.
XXX. When a case is called in its order, the same must be tried,
continued or dismissed; but, by consent, the cause may be placed
at the foot of the docket to be again called, if there be time for the
second calling of the docket, and if there be not, to be continued.
ITj The second calling must be peremptory.
XXXI. Parties must be prepared to proceed within five minutes
after the case is called in its order; otherwise, the court may dis-
miss the case, or rule the defendant to a trial, as sound discretion
may direct.
XXXII. In all cases where application is made for continuance,
[unless on the ground of a sudden and unexpected emergency] the
party making the application must have his affidavit prepared and
ready to be read, on the calling of the cause.
XXXIII. The plaintiff shall, in no case, be compelled to submit
to a non suit, if he be in a condition to demand and proceed to trial;
but if he desire to submit to a non suit, he must do so before the
jury retire, or commence their deliberations on their verdict.
XXXIV. The plaintiff may, at any time, discontinue his cause,
on entering such discontinuance in the clerk's office, and paying all
costs.
XXXV. The time for calling the criminal docket shall be an-
nounced at the opening of the court, on the second day of the term,
and the said docket shall be called at the time appointed, in the
same manner and order as the civil trial docket is called.
XXXVI. All declarations must be filed on or before the first day
of the term ; and all pleas, answers or demurrers on or before the
calling of the appearance docket, on the last day of the term.
XXXVII. All issues may be made up when the cases are called
for trial; but when a demurrer is filed, notice thereof must be given
in time for joinder therein, before the appearance docket shall be
called.
XXXVIII. The mere entry of the name of the attorney for the
defendant shall be equivalent to the filing of the general issue, at
the first term ; but if no plea be filed on or before the first day of
the second term, with notice thereof to the plaintiff's attorney, the
plaintiff may enter his judgment by default, for want of a plea.
XXXIX. If the plaintiff fail to file his declaration on or before
the first day of the term, the next shall be considered the appearance
term; and if the declaration be not filed on or before the first day
of the next or second term, the case shall, on the calling of the ap-
pearance docket, be dismissed.









XL. No default shall be opened without the payment of all costs Sup'r Court,
that have accrued, and pleading instanter to the merits of the action. Rules.
XLI. No amendment of the pleadings shall be allowed after the
case has been submitted to the jury. The case shall be considered
as submitted, after the plaintiff shall have read the declaration in the
cause.
XLII. All amendments of mere form shall be ordered instanter
and without prejudice to either party. Amendments affecting the
merits of a cause, may be ordered at the discretion of the court,
upon payment of costs, and on such terms as the court may think
proper to impose ; but where a substantial amendment is made, the
opposite party may continue on motion.
XLIII. In all actions where the general issue may be pleaded,
and the defendant thinks proper to plead the same, he may, instead
of additional special pleas, give notice in writing of any special
matter which he intends to give in evidence on the trial, subjoining
such notice to the plea of the general issue, and to which notice no
replication shall be necessary ; and the said notice shall form a part
of the record in the cause, but the defendant in all cases may plead
as many special pleas, though inconsistent with each other, as he
may deem fit.
XLIV. If a demurrer to any declaration, or any count in a declar-
ation be over-ruled, or the prayer for leave to plead further by the
defendant, such leave will be granted only on payment of costs,
and on terms of pleading issuably instanter, and going to trial at the
same term of the court, if the cause by due course of law be triable
at that term, if not, at the ensuing term. If the demurrer be sus-
tained, the plaintiff shall have leave to amend, on payment of all
costs, but in that case the defendant shall not be compelled to go to
trial until the next term of the court. In the case of a demurrer to
any other pleading in a cause, on the decision thereof, the court
will make such order, or give such judgment, as law and justice
shall require.
XLV. Suits may be brought by a plaintiff for the use of another
person named in the process or the pleadings.
XLVI. Where documentary evidence is introduced in a cause it
shall be forthwith filed with the clerk, and considered in the custo-
dy of the court. Such papers as belong of right to the party may
be withdrawn upon cause shown in the progress of the suit, or after
the case is at an end, on motion and by order of court, upon such
terms as the court may prescribe.
XLVII. In all examinations of witnesses, the party introducing
the witness shall first examine him, and after the cross-examina-
tion by the opposite party and a re-examination by him taking the
witness, the examination shall cease, unless by special permission
of the court. Only one counsel on each side, shall conduct the
examination of witnesses, but the court, on application, may allow
counsel to relieve each other in the course of a protracted examin-
ation.
XLVIII. Only one counsel shall be heard in conclusion. When









Sup'r Courts the defendant introduces no evidence he is entitled to the conclu-
Rules. sion. In cases of claim, the plaintiff in execution is entitled to the
commencement and conclusion, except where the claimant intro-
183. duces no .evidence.
XLIX. Where a party applies for a continuance on the ground
of the absence of a witness, it must be shown by affidavit, that the
witness has been duly served with a subpoena, or a satisfactory
reason assigned for the omission ; that he is absent without the
consent of the party directly or indirectly given ; that he resides in
the county where the suit is pending, or if out of the county, good
cause must be shown for not taking his deposition-; that the testi-
mony is material; that the applicant expects to procure said testi-
mony at the next term; that the application is not made for delay
only ; and the party must further state the facts expected to be
proved by said witness.
L. The court will in all cases, in its discretion, for good cause
shown on a trial, order a juror to be withdrawn-and in such a case
the cause shall be continued until the next term, unless the parties
agree, with consent of the court, to a trial at the same term.
LI. The counsel on either side may except to any decision made
by the court during the trial, on the admission or rejection of evi-
dence, or on any point of law,, and may also except to any opinion
given in the Judge's charge to the jury, and may request the Judge
to charge the jury in any particular manner on a point of law; and
if the request be refused or neglected, an exception may also be
taken to such refusal or neglect.
LII. Whenever any exception is taken to any decision made, or
opinion given by the Judge, or to his refusal or neglect to charge
the jury as requested, the counsel taking the exception, shall hand
to the Judge a note-thereof, and pray the same to be entered on the
minutes ; after which, before the adjournment of the court if there
be time, the bill of exceptions shall be drawn up in form, and the
original, or a copy thereof, delivered to the counsel of the opposite
party, who shall have reasonable time to suggest amendments to the
same, and if the counsel on both sides cannot agree on the amend-
ments suggested, both the bill and the amendments shall be submit-
ted to the Judge for his correction ; and when completed, it will be
signed and sealed by the Judge and delivered to the party obtaining
it, and by him filed in the Clerk's office, where it shall form a part
of the record in the case, in the event of writ of error or appeal;
but no bill of exceptions shall be filed if not drawn up, completed
and signed within thirty days after the adjournment of the court.
LIII. Previous to the entry of final judgment in any cause, the
clerk shall make out a bill of the costs, or the attorney for the party
entitled to the judgment, may make out the bill, with the aid of the
clerk; and the bill or a copy thereof, before taxation, shall be shown
to the attorney for the opposite party, and if any objection to it be
made, it shall be submitted to the court for correction, and be finally
taxed, when the amount of it shall be entered of judgment, either as
forming a part of the judgment in the cause, or for the costs alone
as the case may require.









LIV. Whenever costs are awarded on any proceeding in a case, Sup'r Courts
whether setting-aside defaults, over-ruling demurrers, or motions, Rules.
or granting continuances, they shall be paid instanter, or if not paid,
judgment shall be entered for them, on motion, and execution may 183a.
issue on such judgments, as in other cases.
LV. Whenever any cause is discontinued by order of the court,
for want of due prosecution, judgment thereon as in case of non-suit
or son-pros, as the case may require, shall be immediately entered by
the clerk for the costs after being taxed.
The Judges of the Court of Appeals have adopted the foregoing
rules for the government of the practice in the several Districts of
Florida. They do not believe the system presented to their breth-
ren of the bar is a perfect one, but they entertain the opinion, not-
withstanding, that it is better than no system at all. It will be their
duty hereafter to revise these rules, to expunge such as may prove
inconvenient in practice, and to add others which their own experi-
ence, and the learning and intelligence of the bar, may from time to
time suggest.


The following are the additions to, and amendments of, the
rules of practice, in the Superior Courts of this Territory, to wit:
First: The fourth rule is hereby rescinded, and in lieu thereof,
the following is adopted, viz:
RULE 4-The right of concluding a criminal case belongs to the
District Attorney, but may be delegated by him to other counsel.
Second: The thirteenth rule is rescinded, and in lieu thereof
the following rule is adopted, viz:
RULE 13-Each Clerk of the Superior Court shall keep a separ-
ate book, to be called the "memorandum book," in which he shall
carefully note or transcribe every precipe, memorandum, or other
direction to issue summons, attachment, or any other process by
which a suit is commenced.
Third : The thirtieth rule is hereby rescinded, and in lieu thereof
the following is adopted, viz:
RULE 30-When a cause is called in its order on the trial docket,
it must be tried, continued or dismissed ; but by consent of parties
it may be placed on the foot of the docket, or passed until a second
or subsequent calling of the docket, if there be time for another,
calling of the docket, if not, then to be continued. The continu-
ance of a cause when called for trial (if either party is entitled to a
continuance) may be to the next term, or in the discretion of the
Court, and for good cause shown, it may be to a subsequent day in
the same term, upon such condition or terms as the Court may see
fit to impose upon the party desiring a continuance.
Fifth: The 36th, 37th, 38th and 39th rules are hereby rescind-
ed, and the following rulrs adopted in lieu thereof, viz:
RULE 36-The mere entry of the name of an Attorney for the
defendant, on the appearance docket, shall, as heretofore, he suffi-
cient to prevent a judgment by default, at the first or appearance









Sup'r fCourts term: but after such entry, the defendant shall cause his plea or
Rules. pleas to be filed within seventy days after the last day of the appear-
184"2. ance term, and shall serve notice of the filing thereof on the plain-
tiff's Attorney; and in case such plea, or any subsequent pleading
in the cause, shall conclude with a verification, or require any repli-
cation, or answer thereto, then the party filing the same shall serve
a copy of such pleading and notice of the filing thereof, on the
Attorney of the opposite party; and the parties respectively shall
be allowed twenty days notice after the service of a copy of any
such pleading, and notice of the filing of the same, to reply, rejoin,
or otherwise answer the same.
RULE 37-In case the defendant shall neglect to plead within
seventy days after the appearance term, and serve a copy thereof,
with notice of the filing on the plaintiff's Attorney ; or in case either
party shall thereafter neglect to reply, rejoin or otherwise answer,
in manner aforesaid, any pleading requiring an answer, within
twenty days after the service of a copy thereof, and notice of filing,
then the opposite party may file an affidavit of such default, which
shall be held equivalent to the entry of a default in the cause ; and
at the next term of the Court the party entering such default, may
move for and obtain such judgment as shall be appropriate in the
cause upon such default: Provided, however, That it shall not, in
any case, be necessary to serve a copy of any pleading which is
filed in the term time ; but notice of the filing shall, in all cases, be
given.
RULE 38-In all cases the pleadings shall be completed, and the
issues made up, on or before the first day of the trial term, unless
further time is allowed by special order of the Court. The trial
term as provided by statute, shall be deemed to be the next after
the appearance term ; and all causes shall stand for trial, and be
placed upon the trial docket, at the term next after the appearance
term. And when a cause is called upon the trial docket, if it shall
appear that either party is in default, by reason of not having plead-
ed or answered any pleading which he was bound to answer, then
the opposite party may move for and obtain such judgment as may
be appropriate in such default; unless the Court, for cause to be
shown, shall, by special order, allow further time to the party in
default.
SRULE 39-On the calling of the appearance docket at each term,
if no declaration has been filed in a cause, the defendant may move
to dismiss the cause on that ground, and shall be entitled to take a
rule dismissing the cause, unless the plaintiff shall show good cause
for not having filed the declaration; in which case he shall be
allowed ten days further time, or such other time as the Court may
see fit to grant, to file the declaration, and in that case the defend-
ant shall be allowed seventy days to plead after the filing of the
declaration, and after a service of a copy thereof, and notice of the
filing.
Sixth: The 41st and 42d rules are hereby rescinded, and in lien
thereof the following rules are adopted, viz :





97

RULE 41-All demurrers to declarations must be filed at or during Sup'r Courts
the same term at which the declaration is filed, and notice thereof Rules.
immediately given to the plaintiff's Attorney. And the plaintiff
shall not be held to join in demurrer if the same is not filed at the 43.
same term of the declaration, but may treat the same as a nullity:
Provided, however, That when the plaintiff shall delay filing his
declaration, so that there shall not be two full days in the same
term after filing the same, then the defendant may be allowed sixty
days thereafter to demur to such declaration, and he may file and
serve his demurrer with any pleas in bar which he may put in.
RULE 42-All amendments in matters of form merely, may be
ordered instanter and without prejudice to either party. Amend-
ments in substance, or amendments affecting the merits of a cause,
may be ordered at the discretion of the Court, upon payment of costs,
or on such terms as the Court may think proper to impose.
A copy. (Test)
RICHARD T. BIRCHETT, Clerk.
March 1st, 1842.

13























INDEX

To the Acts and Resolutions of the Legislative Council of the Ter-
ritory of Florida, passed at its twenty-first session.



A.
PAGE.
APPRPROIATIONs.-See act providing for the Compensation
of the Officers of the Legislative Council, and for other
purposes, 63
AP.LACHICOLA.-Act to prevent Masters of Ships or Vessels,
and other persons, from throwing ballast in the Bay of, 62
Act to incorporate the Apalachicola Guards, 54
Act to alter and fix the Terms of the Superior Courts of
the Apalachicola District, 28
Act to prevent the removal of Stakes and Buoys from the
Channel in the Bay of Apalachicola, 53
ALACHUA COUNTY.-Act to organize County Troop of, 32
Act authorizing the County Court of Alachua to raise a
County Revenue, 51
AUCTIONEERS.-Act in relation to, -24
ATTACHMENTS.-Act to amend the law in reference to, 41
Act exempting certain property from, 55
APOTHECARIES AND DRUGGISTs.-Act preventing them from
selling, giving or delivering poison to any Slave, Free
Negro or Free Mulatto, -- 21
Penalty for violation, 21
AUDITOR (of the Territory).-Act to reduce and fix the Com-
pensation of, 34
B.
BRIDGEs.-(See title Ferries).
BANK OF FLORIDA.-Act to amend the Charter of, 56









C. PAGE.
CALHOUN COUNTY.-Act to alter and change the time of
holding the Election for Representative of, in the Legis-
lative Council, 22
CANAL.-Act to authorize the construction of a Canal or Rail
Road from the Grand Lagoon, in Escambia County, to
the Perdido Bay, 23
CoURTs, (Superior).-Act to alter and fix the Terms of, for
the Apalachicola District, 28
Act to fix the Terms of, in the Eastern District of Florida, 46
COMPENSATION.-Act to provide for the compensation of the
Officers of the Legislative Council, and for other purposes, 63
Act to reduce and fix the compensation of certain Territo-
rial Officers, 34
CoMMrssroNs.-Act regulating, for collection of Money, 33
CALL, GEORGE W. Jr.-Act to admit him to Practice Law, 53
D.
Depositions.-Act to amend the Law concerning, 37
Drafts or Warrants, (upon the Territorial Treasury).-Act
to establish the same when lost or mislaid, 43
Distress.-Act exempting certain Property from, 55
E.
Elections.-Act concerning, 3
For Delegate, Senators, Representatives and County Offi-
cers, when held, 3
Qualifications of Voters, -
Election Precincts, 4
Appointment of Inspectors,
Manner of conducting Elections,
Canvass by Inspectors, -
Canvass by County Clerk, -
Canvass by Secretary, -
Special Elections to fill Vacancies, 11
Contesting Elections, 11
Penalties for violating the Provisions of this act, and
General Provisions, 13
Executions.-Act concerning, 14
When and how Defendants may postpone sale under, 14
Act to amend the Law in reference to, 41
Act exempting certain Property from, 55
East Florida, (District of.)-Act to fix the Terms of the
Superior Courts of, 46
F.
Ferries and Bridges.-Act to authorize Thomas Williams to
establish a Toll Bridge across the Chipola River, 17
Act to amend an act authorizing Abraham Milsted to
establish a Toll Bridge across the Big Escambia, in Es-
cambia County, 18
Act to authorize Josiah King to establish a Ferry across
the St. Marys River, 18