Acts and resolutions of the Legislative Council of the Territory of Florida

TWENTT-THIRD SESSION

THE

ACTS AND RESOLUTIONS,

PASSED BY THE

LEGISLATIVE COUNCILs

OF THE

AT ITS

Twentytbhird Sersion,

BEGUN AND HELD IN THE CITY OF TALLAHASSEE,
ON MONDAY, JANUARY 6, 1845.

BY AUTHORITY.

TALLAHASSEE:
PRINTED AT TBE OFFICE OF THE STAR 01 FLORIDA,
7 W. a6 C. J. 8ARTLETT.

1845.

TITLES OF ACTS
Passed by the Governor and Legislative Council of the Territoe
ry of Florida, at the twenty.third session, being the lat session
under the Territorial Government.
1. An act to facilitate the organization of the State of Florida. Titles of Acts
2. An act to amend the Chapter entitled Elections, approvedPASSED 1845.
March 15, 1843.
3. An act to provide for the election of Justices of the Peace.
4. An act to provide for the election of Tax Collectors.
5. An act to amend the law approved March 15th, 1844, to
incorporate the inhabitants of the different Townships of this
Territory.
6. An act to suspend the Revenue Laws for the year 1845,
and for other purposes.
7. An act to amend an act providing for the change of Ven-
ue in Criminal cases.
8. An act to exempt Homesteads from Execution, Attaoh.
meant and Distress.
9. An act to secure certain rights to women.
10. An act to amend the several acts relating to depositions.
11. An act concerning Replevin.
12. An act to prescribe forms to regulate proceedings before
Justices of the Peace, Coroners, and other officers in the Ter.
ritory of Florida.
13. An act to amend an act entitled an act to raise a reven.
ue for the Territory, approved Nov. 22, 1829.
14. An act to amend an act relating to Crimea and Misde-
meanors.
15. An act to prescribe the mode of punishment for certain
offences at Key West, in the Southern Judicial District.
16. An act to repeal the Charter of the Bank of Florida.
17. An act declaring Hillsborough River a navigable stream,
and for other purposes.
18. An act to provide for the erection of a Public Jail and pro.
mises in the county of Monroe.
19. An act to amend an act entitled an act to organize the
Monroe County School, approved 4th March, 1844.
20. An act to alter and fix the time for holding the spring term
of the Superior Court for Wakulla county.
21. An act to fix permanently the county seat for Wakulla
county.
22. An act to change the time of holding the Superior Courts
for the counties of St. Johns, Mosquito and St. Lucie, in the
Eastern District of Florida.

Titl of lets 28. An act to change the time of holding the Superior Courts
PASSED 1845.in the Eastern District of Florida.
24. An act to amend an act relative to roads and Highways
in Nassau county, approved 14th March, 1844.
25. An. act in relation to Roads and Highways in Duval and
Alachua counties.
26. An act to provide for the transfer of Records of the Su--
perior Court from Alachua county to Benton county, and for
other purposes.
2T. An act 'o authorize the county of Santa Rosa to raise a
?onatgy avenue.
28. An act to provide for holding the County and Superior.
Courts in and for Calhoun county.
2., An act to annex a part of Jackson county to Calhoun,
County.
30. An act to organize a county to be called Levy county.
.31. An act to alter and change the name of Mosquito county
to that of Orange.
2.' An act to legalize the elections of Mosquito, now Orange
county.
83. An act to authorize the Clerk of Orange County Court to
keep his office at his place of residence, and for other purposes.
34. An act to legalize certain Elections held in St. Lucie
county.
85. An- act to amend an act entitled an act to organize a coun-
ty to be called St. Lucie county, approved 14th March, 1844.
86. An act constituting a Board of Wardens and Commis-
sionersof Pilotage for Indian river and Jupiter Bars.
87. An act to establish the county site of Hillsborough county.
38. An act to amend an act entitled an act to establish a
Board of Port Wardens and Commissioners of Wrecks, for the
Portof Apalachicola.
39. An act to establish a Board of Commissioners of Pilotage
for the harbors and waters of Apalachicola Bay.
40. An act to establish and regulate Pilotage on the waters
and in ihe-harbors of Dade county.
41. An act to regulate the Pilotage of the port of St. Marks.
42. An act to amend an act to incorporate the town of Colum-
bus, approved 14th March 1844.
43. An act to organize the Centreville Greys.
44. An act to incorporate Dade Lodge, No. 14, in the city of
Key West.
45. An act to incorporate the Trustees of the Fund of Special
Relief of the Florida Annual Conference of the Methodist Ep-
iscopal Church.
46. An act to incorporate the Preacher's Aid Society of the
Florida AnnualConference of the Methodist Episcopal Church.
47. An act to amend an act entitled an act to incorporate the
Trustees of the Presbyterian Church of Quincy.
48. An act to amend an act entitled an act to incorporate the
Protestant Episcopal Congregation of the city of Tallabaasee,
St. Johr's Parish, approved Nov. 2, 1829.

49. An act to be entitled n lct to corporate the Trustees Titlkui Acts
of the Leon Female Academy. A D
50. An act for the relief of the Trustees of tha Methodist Ep- 184
iscopal Church of Tallahassee.
51. An act for.the relief of Crawford Sprowl.
52. An act to change the name of Martha E. Cahoon.
53. An act to divorce Agnes Bell from her husband, Joseph
G. Bell, and to chanag the name of said Agnes Bell, to that of
Agnes Woolf.
54. An act for the relief of John UK. Hanson.
55. An act for the relief of Timothy Wightmawand others.
56. An act for the relief of Reuben Scott.
57. An act for the relief of David D. Young.
58. An act to authorize, Malinda Folsom, widow and adminis-
tratrix of Bryant Folsom, deceased late of Jefferson Coupty,
to sell certain real estate.
59. An Sot to.authorize Nathanel Roberts to establish a ferry
over the Ocklocknee river.
60. An act to authorize. David. L. Palmer to build a. Toll
Bridge, with flood-gate and dyke, across St. Pablo- Creek, on,
the St. John's river.
61. An act to authorize George W. Thompnon! to establish a
Ferry across the Escambia river.
62. An act to authorize Alexander Hunt to establish a Ferry
on the Suwannee river.
63. An-acttp authoriza Lewis Miller, Sr., to establish a, Ferry
across Holmes' creek.
64. An act to authorize Alexander McAlpine to establish a
Ferry acrossthe Chipola river.
65. An act to authorize John Gaskins to establish a Ferry ae,
cross Yellow River.
66. An act to authorize Jesse Donaldson to establish a Ferryj
across Yellow river, in Santa Rosa County.
67. An act to authorize,Alsxapder Clark to establish a Ferry
across.the Chipola river.
68. An act to authorize John Sheifler to establish, Ferry, a~
cross the South, prong of Black Creek, about half a mile above
its mouth.
69. An act to authorize. Stanislaus Gleneki toestablishka for-
ry across the St. John's River at Pilatka.
70. An act tq authorize Henry E. Perviane-, to eatablis; a
Ferry on the Suwannee river.
71. An act to provide for, the compensation of the officers, of
the Legislative Council, for the session of 1845, and for other
purposes.

LIST OF RBRSO*LUT-QON8r
Passed by.the Legislative Counilast thSeaSiweof 1946.
1. Respecting 0. B. Harte. Compensation.
1h Respecting Compensation of Chaplainusq th.Council;

Iutlations 3. Respecting Chaplains to the Legislative Council.
rAsstD 1845. 4. Requesting the Delegate to endeavor to obtain from Con.
gress an additional appropriation of $10,000 to meet the ex-
penses of the present session of the council.
5. For the relief of the representatives of Messrs. Gibson &
Hibbard.
6. For the relief Raymond A. Dominge.
7. Requesting the passage of a law by Congress, to gradu.
ate and reduce the price of the public lands in Florida, hereto.
fore offered for sale, and now remaining unsold.
8. Requesting remuneration from Congress, for losses sus-
tained in the Indian War.
9. For the relief of certain militia commanded by Allan G.
Johnson, for services rendered in 1839.
10. For the relief of a Company of militia, commanded by
Stephen Daniels, forservices rendered in 1842.
11. Requesting an appropriation for a survey of the coun-
try between the head waters of ndian river and riverSt. Johns,
with a view to their connection by a canal-Also, for the same
object, a survey of the country between the head of Indian riv.
er and Cape Florida.
12. Urging upon Congress the early adjustment of the Nor'
then boundary line of Florida, &c.
13. Requesting from Congress a donation of certain lands
for the county of.Wakula for county purposes.
14. Asking from Congress an appropriation of $5,000 to
open a road from Sopchoppi, in Wakulla co., to Apalachicola
Bay.
15. Asking from Congress an appropriation for the improve-
ment of the St. Marks river.
16. Requesting the establishment of certain mail routes from
Quincy.
17. Requesting from Congress an appropriation of $2,500
to remove obstructions in the Miami river.
18. Requesting the re.establishment of the Light House at
Key Biscayne.
19. Requesting an appropriation for the erection of a Light
House on Indian river bar.
20. Asking for the appointment of a Custom House Officer
for the harbors at Indian river inlet and Jupiter bars.
21. Asking for an appropriation of $1500 to connect the
waters of Indian river and Mosquito Lagoon.
22. Asking an appropriation of $1000 to build a bridge
across the Hillsborough river, at Fort Foster.
23. Asking an appropriation cf $5,000 for making a road
from Newnansville to Tampa Bay.
24. Asking for an appropriation of $1,000 for building a
Court House in Hillsborough County. *
25. Requesting Congi ess to convey to Marion county, a quar-
ter section of land for county purposes.
20. Asking Congress to erect a Light House near New
Smyrna, on the Atlantic coast.

27. Asking an appropriation to remove obstructions in the Rellationi
San Tafee river. PAsea 1845.
28. Requesting from Congress the erection of a Light House
on Egmon Key, at the entrance of Tampa Bay.
29. Requesting an appropriation for clearing out the Withla-
coochie, Suwannee and Ocklawaha rivers, &c.
30. Requesting the re-appropriation made by Congress in
1838, to repair the road from Jacksonville to the Mineral
Springs.
31. Asking from Congress an appropriation of $2,500 to re-
pair the road from Tampa Bay, to Enterprise, on Lake Mon-
roe-Also, for the establishment of a mail route between said
points.
32. Asking an appropriation from Congress of 88,000 to con-
struct a road from Columbus to Garey's ferry.
33. Asking the grant of a quarter section ofland, for Wash.
ington county, for county purposes.
84. Requesting that a Post Office may be established at Jack
son's landing, on the Apalachicola river, in Calhoun county,
85, Requesting the establishment of a Post Office, at Ci:p-
bellton, in Jackson Co.
36. Asking Congress to make an appropriation to improve the
harbor of Apalachicola.
37. Asking Congress to establish a tri-weekly mail between
Chattahoochieand Apalachicola.
38. Asking Congress to appropriate $14,000 to improve ~e
navigation of Yellow river.
39. Asking Congress to establish a Port of Entry and '
ery at the town of Milton, in Santa Rosa county.
40. Requesting from Congress an appropriation to cear ;ut
the Chipola River.
41. For the benefit of settlers on the Lafayette Tc wnh p.
42. Asking that the mail route between Marianna and Euche.
anna, may be extended to the town of Geneva in Alabama.
43. Requiring the Commissioner of the city of Tallahassee,
to dispose, forthwith, of the lands and lots belonging to the
Territory, granted for the erection of the Capitol.
44. Relative to the admission of Florida, as a sovereign
State into the Union.

Laws Passed d Ses. 184j.

LAWS
OF THE TERRITORY OF FLORIDA,
passed by the Legislative Council at its Twenty-Third Session-184i,
-6**--
OFFICERS OF TERRITORY.
JOHN BRANCH, Governor of the Territory,
THOMAS H. DUVAL, Secretary of the Territory,
GEO. W. MACRAE, President of the Senate,
THOMAS F. KING. Secretary of the Senate.
W. T. FORWARD, Speaker of House of Representatves.
HUGH ARCHER, Secretary House of Representatives.

NO. I.
An ACT to facilitate the Orgamzation of the Stateof Florida.
WHEREAS, it is believed that the State of Florida has been
admitted into the National Confederacy by law, at the session Preamble
ofCongress just terminated under the Constitution framed at
St. Joseph, and ratified and adopted by the people of Florida in
1839; And whereas, by the provisions of said Constitution,
and the schedule and ordinance contained in article xvii there-
of, it is declared that, "immediately after official information
shall have been received that Congress have approved the
Constitution, and provided for the admission of Florida, the
President of this Convention shall issue writs of election to
the proper officers in the different counties, enjoining them to
cause an election to be held for Governor, Representative
in Congress, and members of the General Assembly, in
each of their respective counties. The election shall be held
on the first Monday after the lapse of sixty days, following the
day of the date of the President's proclamation, and shall take
place on the same day throughout the State. The said elec.
tion shall be conducted according to the then existing election
laws of the Territory ofFlorida: Provided, however, that in
case of the absence, or disability of the President of the Con-
vention to cause the said election to be carried into effect, the
Secretary of this Convention shall discharge the duties hereby
imposed upon the President; and in case of the absence, or
disability of the Secretary, a committee of five, to wit: Leigh
Reid, George T. Ward, James D. Westcott, Jr., Thomas
Brown and Leslie A. Thompson, or a majority of them shall
discharge the duties herein imposed on the Secretary of the
Convention; and the members of the General Assembly so

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Preamble, elected, shall assemble on the fourth Monday thereafter at the
seat of Government. The Governor, Representative in Con-
gress and members of the General Assembly, shall enter upon
the duties of their respective offices immediately after their
election under the provisions of this Constitution, and shall con-
tinue in office in the same manner, and during the same period,
they would have done, had they been elected on the first Mon-
day in October." And whereas, The President of the Consti.
tutional Convention, the Hon. R. R. Reid, has, died since the
issuing of his proclamation of the ratification and adoption of
said Constitution. And whereas the Secretary of said Conven.
tion hath removed, and is now absent from Florida, and the
duties of said President and Secretary, prescribed as afore.
said, are imposed on said Committee of said Convention above
named or a majority of them, one of which Committee, Gen.
Leigh Reid, has also since died: And whereas, it is important
that the proper officers of this Territory should be required by
law to perform the acts necessary for the holding of said elec.
tions : And whereas, there are inconsistencies between the exis.
ting election laws of the Territory of Florida, and the provisions
of the said Constitution, with respect to the qualification of voters
and otherwise: And whereas, since the adoption of said Con.
stitution, several new counties, have been created in this Ter-
ritory, and without further legal provision in relation to said
election, confusion and irregularities may occur with respect
thereto: Therefore,
SECTION 1. Be it enacted by the Governor and Legisla.
tive Council, of the Territory of Florida, That immediately
upon official information received by the Governor of this Ter.
Gov'r to issueritory that Congress have approved the State Constitution, and
proclamation. provided for the admission of Florida, it shall be the duty of
said Governor to make proclamation thereof, annexing thereto
a copy ofthe act of Congress and of this act; and in and by
said proclamation, to enjoin and direct the several clerks of
the County Courts of this Territory, to issue an order appoint.
ing inspectors to hold an election in the mode and manner pre-
scribed by the act approved 15th March, 1843, respecting elec-
tions, to be held in their respective counties, at the time, and
as directed by said surviving members of said Committee of the
Constitutional Convention, or a majority thereof.
Sec. 2. Be it further enacted, That it shall be the duty of
said clerks respectively, to transmit forthwith by mail two cop-
Duty of oerk les of their order duly certified, one directed to the Secretary
of CO of the Territory ofFlorida, Tallahassee," and the other to
"the Committee of the Constitutional Convention, "Tallahas-
see" said order to cor.tain the names ofthe inspectorsappointed
for holding said election.
When Inspee- Sec. 3. Be it further enacted, That if any clerk shall fail to
tors may be el-perform the said duty of appointing inspectors, they may be e.
ected. elected by the qualified voters attending to vote at the usual

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place of holding elections heretofore in the county, as provided
in and by said act of 1843.
Sec. 4. And whereas, by the provisions of said Constitution ualitltion
it is declared that the qualifications of electors at said electionfor others.
for Governor of the State ofFlorida, Representative in Con-
gress'from the State of Florida, and members of the General
Assembly of the State of Florida, shall be as follows: Ev.
ery 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, and
had his habitation, domicil, home, and place of permanent a.
bode in Florida, for two years next preceding the election at
which he shall offer to vote; and who shall have at such time
and for six months immediately preceding said time, shall have
had his habitation, domicil, home and place of permanent a.
bode in the country in which he may offer to vote, and who
shall be enrolled in the militia thereof, (unless by law ex-
empted from serving in the militia) shall be deemed a qualified
elector, at all elections under this Constitution ; and none oth-
ers; except in elections by general ticket in the State or Dis.
trict, prescribed by law, in which cases the elector must have
been a resident of the State two years next preceding the elee.
tion, and six months within the election district in which he offers
to vote ; Provided, that no soldier, seaman, or marine, in the reg,
ular Army or Navy of the United States, unless he be a qual.
ified elector of the State previous to his enlistment as such sol.
dier, seaman or marine in the regularArmy or Navy ofthe Uni-
ted States, or of the Revenue service, shall be considered a resi.
dent of the State, in consequence of being stationed within the
same;" Therefore,
Be itfurther enacted, That so much of the several electionRepeal'gclause
laws ot this Territory, as conflicts with said provision of said Cob.
stitution, or that imposes additional qualifications to those there.
in prescribed, be and the same is hereby declared to be repjea
ed and annulled.
Sec. 5. Be it further enacted, That in order that said pro-Duty of clerk
vision of the Constitution in regard to the enrolment of electorsof Election.
in the militia may be complied with, the clerk of each election
precinct shall, before any person is permitted to vote, require
him to enrol himself in the militia of the Territory, by having
his name placed on the roll hereinafter prescribed.
Sec. 6. Be it further enacted, That said inspectors and clerkc;
shall in addition to the oath prescribed by said act of 1843;
each take and subscribe the oath prescribed in the State Cda-
stitution in the words following, viz: State of Florida : I do Oath.
swear (or affirm) that I am duly qualified, according to the.Cola.
stitution of his State, to exercise the office to which I havebeen
elected (or appointed) and will to the best of my abilities; diae
charge the duties thereof, and preserve, protect, and defend the
Constitution of this State, and of the United States.
SeO. 7. Be itfirther enacted, That said inspectors and clerb

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shall keep three separate poll books or list of voters, one of
which to be kept by said clerk shall also be the militia rol, and
which shall each be in the following form, viz:
"POLL BOOK, or list of voters, at the pre-
SBoo. cint in the county of in the State ot Florida,
"at the election for Governor of the State of Florida, for one
"Representative in the 29th Congress of the United States
"from the State of Florida, for Senator in the Gene-
"ral Assembly of said State, from the District, and
for Representative in the General Assembly of said
"State, from the county of to serve until the first
"Monday of October, 1846, as provided by the the Constitu-
"tion of the State of Florida, held on Monday the day
"of 1845." And each of which poll books shall
set forth, in a separate and distinct column, each person offer.
ing to vote, designating in the other separate and distinct col.
umns, opposite his name, the different officers he voted for,
numbering in each column, in consecutive order, the voters
who voted for each officer, and one of which poll books to be
made by the clerk, shall be considered as the militia roil re-
quired by Constitution-and all three of which poll books
shall be signed by said inspectors and clerk.
Sec. 8. Be itfurther enacted, That the clerks of the county
New counties.Court of Santa Rosa, Wakulla, St. Lucie, Benton and Ma.
rion counties, respectively, shall appoint the inspectors in their
respective counties, and in addition to the copies hereinbefore
provided to be transmitted to the Secretary of the Territory,
and Committee of the Constitutional Convention, shall also
forthwith transmita copy of the orders issued by them respec-
tively, duly certified, as follows, viz: the clerk of Santa Rosa
county shall transmit such copy to the clerk of the county Court
of Escambia county ; the clerk of the county Court of Walton
county shall transmit such copy to the clerk of the county Court
of Washington county; the clerk of Wakulla county Court
shall transmit such copy to the clerk of the county Court of
Leon county; the clerk of Marion county Court shall trans-
mit such copy to the clerk of the county Court of Alachua
county; and the clerk of the county Court of Benton county
shall transmit such copy to the clerks of the county Courts of
Alachua, Hillsborough and Monroe Counties, respectively ;-
and the clerk of St. Lucie county Court shall transmit such
copy to the clerk of the county Court of Mosquito county
now Orange, and also to the clerk of the County Court of St.
Johns's county ; and the clerk of the county Court of Mosqui-
to county now Orange, shall transmit a like copy to the clerk
ofSt. John's county Court, and the clerks of the county Courts
of Dade and Hillsborough counties, respectively, shall transmit
such copies to the Clerk of the County Court of Monroe coun-
ty. Provided, however, inasmuch as the county of Bentoo is
composed of a district of country which, at the time of the a.
doption of the Constitution in 1889, was partly in Alachus,

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county, and in the 12th Senatorial District, and partly in Hills-
borough county, and in the 16th Senatorial District, as prescri- New counties
bed by said Constitution ; all north of aline running east
and west from the Gulf of Mexico to Mosquito county, through
the Indian village of Tnachotka, forty miles from Tampa, being
in Alachua county, and all south of said line being in Hillsbo-
rough county ; the clerk of Benton County Court shall in the
order for said election, notify and direct all qualified electors
resiJing north of said line, to vote for Representatives from A-
lachua, and Senator from the 12th Senatorial District, and all
residing south of said line to vote for Representative from Hills.
borough, and Senator from the 16th Senatorial District, as pre-
scribed by said Constitution, and also direct the inspectors of
the elections to make the returns accordingly as hereafter di-
rected.
Sec. 9. Be it further enacted, That the inspectors of said e- Power of In.
election shall have like powers as are given them by said abovespectors.
cited act of 1843, for the preservation of peace and good order;
and the same rules and regulations, for the conduct of the e-
lection as are provided in and by said act, shall be observed and
pursued as near as may be in said election, unless the same
conflict with the provisions of said Constitution, or with this
act.
Sec. 10. Be ilfurther enacted, That the inspectors of theOn votersbeong
election may, in all cases, and when any vote is challenged by challenged.
a legally qualified elector, it shall be their duty to examine the
person offering to vote, upon his oath, or affirmation, to be ad.
ministered by one of them, touching his qualifications as an
elector, and decide upon such examination as to the legality of
his vote, noting in the poll book each person so sworn, and
whether his vote was received or rejected.
Sec. 11. Be it further enacted, That the inspectors shall Certificate.
count the votes, as is directed by article VI of said above reci.
ted act of 1843, and shall, on the same being done, issue and
sign, at the end of each poll book, a certificate in the following
form:
STATE OF FLORIDA:
Senatorial District,
County,
Precinct,
We, the subscribers, inspectors and clerk of the election,
held at the precinct, county and district aforesaid, on Mon-
day the
day of 1845, do hereby certify on oath, that the
following is atrue return of the votes given at said election at
said precinct:
For Governor of the State of Florida, for four years from.
the day of 1845, and until his
successor is chosen and qualified :
The ~bole number of votes was The num-
ber of votes was given for as

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such Governor. The number of votes was giv-
en for as such Governor.
For Representative from the State of Florida, in the 29th
Congress of the United States :
The whole number of votes was The num.
her of votes was given for as
such Representative. The number of votes
was given for as such Representative.
For Senator in the General Assembly of the State of Flori-
da, from the Senatorial District, the whole nun-
ber of votes was The number of
votes was given for as such Senator. The
number of votes was given for
as such Senator.
For Representatives in the first General Assembly of the
State of Florida, from the County of to serve
until the first Monday of October, 1846, the whole number ot
votes given was The number of
votes was given for as such Representative.
The number of votes was given for
as such Representative.
SSec. 12. Be itfurther enacted, That said inspectors shall
tof IpeC"forthwith, after said election, transmit by mail the poll book
and militia roll, kept as aforesaid, with one of said certificates,
to the Secretary of the Territory, at Tallahassee, and one oth-
er of the said poll books and certificates, by mail, to the Com.
mittee of the Constitutional Convention at Tallahassee, and the
other to the clerks of the county courts of their respective
counties, and the inspectors of the election in the county of
Santa Rosa, shall also transmit a copy of said poll book and
certificates to the clerk of the county court of the county of
Escambia; the inspectors in the county of Walton, to the clerk
of the county court of said county of Walton, and also a copy
thereof to the clerk of the county court of Washington coun-
ty ; the inspectors in the county of Wakulla to the clerk of the
county court of Leon county; and the inspectors in Marion
county, to the clerk of the county court of Alachua county;
and the inspectors in Benton county, north of the line herein-
before described, to the clerk of the county court of Alachua
county; and the inspectors in Benton county, south of said line
to the clerks of the county courts of the counties of Hillsbo-
rough and Monroe respectively ; and the inspectors in the coun.
ty of St. Lucie, to the clerks of the county courts of St. Johns
county, and Mosquito, now Orange county; and the inspectors
of Mosquito now Orange county, to the clerk of said county,
and also to the county court of St. John's county; and the in-
spectors in Dade and Hillsborough counties to the clerks of
their respective counties, and also a like copy to the clerk of
Monroe county.
Sec. 13. Be it further enacted, That on the Monday next
after the election, the clerks of the counties of Escambia, Wal.

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ton, Washington, Jackson, Calhoun, Franklin, Gadsden, Jeffer.Duties of clerks
son, Madison, Hamilton, Columbia, Duval, Nassau, Hillsbor.of co'y courts.
ough, Dade, St. Johns and Monroe, respectively, shall proceed
to count the votes for Representatives in the General Assembly
from the said counties respectively, as prescribed in article vz,
of said act of 1843, and shall make a statement thereof, and
give a certificate to the person or persons who shall appear to
be elected by the returns made to him of said election; and
the clerk of Leon county shall perform the like duty with res.
pect to the election of Representatives from Leon and Wakul.
la counties; the clerk of Escambia county shall perform the
like duty with respect to the election of Representatives from
Escambia and Santa Rosa counties; the clerk of Alachua
county shall perform the like duty with respect to the election
of Representatives from Alachua, Benton and Marion counties;
and the clerk of Mosquito now Orange county, shall perform
the like duty with respect to the election of Representatives
from Mosquito, (now Orange) county, and St. Lucie county.
Sec. 14. Be itfurther enacted, That on the second MondayDuties of clerks
after the election, the clerk'of the county court of Escambiaof co'y courts.
county shall, in like manner proceed to count the votes for Sen.
actor in the first Senatorial District; jthe clerk of the county
court of Washington county shall, in like manner, proceed to
count the votes for Senator in the second Senatorial District;
the clerk of the county court of Jackson county shall, in like
manner, proceed to count the votes for Senators in the third
Senatorial District; the clerk of the county court of Calhoun
county shall, in like manner, proceed to count the votes for
Senator in the fourth Senatorial district; the clerk of the count.
ty court of Franklin county shall, in like manner, proceed to
count the votes for Senator in the fifth Senatorial district; the
clerk of the county court of Gadsden county, shall in like man.
ner, proceed to count the votes for Senator in the sixth Senato.
rial district; the clerk of the county court of Leon county shall,
in like manner, proceed to count the votes for Senators in the
seventh Senatorial district; the clerk of the county of Jefferson
county shall, in like manner proceed to count the votes for
Senator in the eighth Senatorial district; the clerk of the count.
ty court of Madison county shall, in like manner, proceed to
count the votes for Senator in the ninth Senatorial district; the
clerk of the county court of Hamilton county shall, in like
manner, proceed to count the votes for Senator in the tenth
Senatorial district; the clerk of the county court of Columbia
county shall, in like manner, proceed to count, the votes for
Senator in the eleventh Senatorial district; the clerk of the
county court of Alcqhua county, shall in like manner, pro.
ceed to count the votes for Senator in the twelfth Senatorial
district; the clerk of the county court of Duval county, shall,
i. like manner, proceed to count the votes for Senator in the
thirteenth Senatorial district; the clerk of the county court of
the county of Nassau, shall, in like manner proceed to count

(16)
the votes for Senator in the fourteenth Senatorial district; the
clerk of the county court of St. John's county shall, in like
manner, proceed to count the votes for Senator in the fifteenth
Senatorial district; and the clerk of the county court of Mon-
roe county shall, in like manner, proceed to count the votes for
Senator in the sixteenth Senatorial district; and shall, in like
manner, make a statement of said votes, and give a certificate
to such person as shall appear to be elected as Senator by the
returns made to him of said election-as aforesaid.
Duty of Sec'y Sec. 15. Be it further enacted; That the Secretary of the
of Territory. Territory shall, as said returns are received by him, open, the
same, and on the third Monday after the election, he shall
proceed, as is provided in respect ot the returns of certain
Territorial officers, in and by the viii article of the act of 18.
43, before cited to canvass and count up all the votes given at
the different precincts-throughout the Territory, for the differ-
ent candidates voted for to fill the offices above named, as may
appear from the returns as received by him, and make a full
statement thereof, and deliver a copy thereof to the members
of the Committee of the Constitutional Convention, for compare.
ison by them with the returns received by said Committee, and
when certified by said Committee, or a majority thereof, to be
correct, he shall attest the same, and cause the same, so cer.
tified and attested, to be published, and a copy thereof to be
transmitted to each of the persons who shall appear therefrom
to be elected at said election to said offices respectively.
When returns Sec. 16. Be it further enacted, That if, on examination of
are msing. said returns by any of the clerks of said counties, or by. said
Secretary of the Territory, and from a comparison with the or.
der of the clerk appointing inspectors, and designating the pla-
ces of holding the elections, it appears that the returns of any
-precincts are missing, the fact shall be stated in the certificate
aforesaid; and if any of the returns shall be received by any
of the said clerks, or by said secretary after the making of said
statement, the same shall be certified and attested, and published
and transmitted in like manner, forthwith on the receipt thereof.
Duty of Sec'y. Sec. 17. Be it further enacted, That all said original returns
received by said Secretary, together with the originals of said
statements and certificates, shall be transmitted by said Secre,
tary to the House of Representatives of the General Assembly of
the State of Florida, on the first day ofthe first session thereof, and
the certificates aforesaid of said election by said committee of
the Constitutional Conventien, attested by said Secretary, shall
be prima facia evidence of the election of said Senators and
Representatives in the General Assembly.
Repeal'g clause Sec. 18. Be it further enacted, That all,laws of this Territo.
ry, inconsistent with the provisions of said constitution, or with
this act, be and the same is hereby repealed ; but all laws and
parts of laws of this Territory, that can be applied in aid of the
objects of this act, shall be held and deemed as a part thereof.
Approved 11th March, 1845.

(17)
NO. II.
An ACT to amend the chapter entitled "Electiono," approved 15th
March, 1843.
SEC. 1. Be it enacted by the Governor and Legislative Coun-
eil of the Territory of Florida, That if any person shall vote con. nllegalvoting,
trary to the provisions of the chapter, entitled, "Elections," or
who shall vote twice at any election held in this Territory, he
shall be liable to indictment as for a misdemeanor, and on con-
viction shall be punished by a fine not exceeding two hundred
dollars, and by imprisonment for a time not exceeding six Penalty.
months.
SEc. 3. Be it further enacted, That so much of the section,
entitled, "Chapter of Elections" as gives compensation to theRepeal'g clause
Inspectors of Elections be and the same is hereby repealed:
Provided, however, That the Inspector who shall carry such
returns to the Clerk's office shall receive one dollar per diem
while actually engaged in said service.
Approved March 10th, 1845.

NO. 111.
An ACT to provide for the Election of Justices of the Peace.
SECTION 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That it shall be the dutyDuty of county
of the several County Courts throughout this Territory, whencourts.
sitting for county purposes at the Spring Term of 1845, and if
necessary at the Spring Term of each and every year thereaf.
ter, to lay off their respective counties in so many Justices Dis.
tricts as shall best subserve the convenience of the people, des-
ignating them by number; and it shall thereupon be the duty
of the clerks of said county courts respectively, to order
elections to be held at the most convenient place, or places, for
the election of two or more Justices of the Peace in each Dis.
trict, giving ten days notice thereof.
SEC. 2. Be it further enacted, That the clerks of the coun-Electioe-.how
ty courts, as aforesaid, shall appoint for each precinct, threeconducted.
discreet persons, having the qualification of electors, who
shall conduct said elections, under such rules and regulations
as are by law prescribed for the election of other county offi.
cers; Provided, That the qualifications for a voter, at said e-
lections, shall be a residence in the Territory for six months,
and in the District for which said Justices are to be elected, for
one month next preceding the day of election.
SEC. 3. Be itfurther enacted, That the Inspectors, as afore. Return
said, shall make their returns of the elections to the clerks of
their respective county courts; and in case there is no clerk,
then to the Judge of the county court, and the said clerk or
Judge, as the case may be, shall, as soon as the returns are re-
3

(18)

ceived fromall the Districts in their respective counties, pro,
ceed to canvass the votes returned, and make out therefrom a
list of the Justices elected in the several Districts, and certify
the same under the seal of the county court, and forward the
same to the Governor of this Territory, and.it shall be the duty
of the Governor upon the receipt of said certificate, to cause
commissions to be issued for the several Justices elected, which
said commissions shall be forwarded to the clerks of the several
county courts, to be by them delivered to the said Justices res-
pectively.
Oath. SEC. 4. Be it further enacted, That the said Justices shall,
before they enter upon the duties of their office, respectively,
take the oath which is now prescribed by law for Justices of
the Peace ; which oath shall be recorded upon the back of their
commissions and a copy filed in the office of the Clerk of the
County Court of the County for which said Justices may have
been so elected and commissioned.
In ca eof ava- SEC. 5. Be it further enacted, That in case a vacancy shall
cancy. occur in any of the said Justices Districts, by removal or other-
wise, it shall be the duty of the Clerk of the county court, in
which county such vacancy shall occur, to order an election to
fill such vacancy, giving ten days notice thereof; which said
election shall be conducted, in all respects, as herein-before
mentioned; and in case of the resignation of any Justice, he
shall address his resignation to the Governor and at the same
time inform the Clerk of the county court, that he has so re-
signed; but the said Justice, so resigned, shall perform all
the duties of his office until his successor be duly elected and
commissioned.
SEC. 6. Be it further enacted, That the second election for
Second electionJustices, as aforesaid, shall take place on the first Monday in
for Justices. May, 1847, and every two years thereafter, and the Justices
shall hold their respective offices for the term of two years,
and until their successors be elected and commissioned: Pro-
vided, That the Justices to be elected at the first election, held
under the foregoing provisions of this act, shall hold their of-
fices until those elected at the second election shall be com-
missioned, subject in all cases to removal by impeachment,
as is now provided by law.
Qualifications. SEC. 7. Be it further enacted, That the Justices authorized
to be elected by the preceding sections of this act, shall in all
cases, possess the qualification of voters as hereinbefore pro.
vided.
SEC. 8. Be it further enacted, That whenever there shall
In case of a tie.be a tie, or an equal number ot votes given for any two or
more candidates having the highest number of votes (other
than those duly elected,) for the office of Justice of the Peace,
it shall be the duty of the clerk of ite county court, without
delay, to appoint inspectors at the several precincts in such
Justices District, within fifteen days after such tie shall have

(19)

been ascertained by the Clerk, and he shall cause notices of
such election to be posted up at the several precincts in such
Justices Distiict, at least three days before such election, de-
signating the time and place of holding such election, and of
the officers to be elected; and such new election shall be con-
ducted in all respects, according to the provisions of this act.
SEc. 9. Be it further enacted, That in case of a contested in case of a
election for Justice of the Peace, the same shall be tried andeontested elec.
determined according to the provisions in the 6th, 7th, 8thtion.
and 9th sections of the 10th article of an act passed in the
year 1843, for regulating elections in this territory.
SEc. 10. Be it further enacted, That if the Spring Term of Dutyof Judge
the county court for the year 1845, of any County in this ter-incertaincases.
ritory, shall have been held before the passage of this act, it
shall and may be competent for the Judge of the county court
of said county, and it is hereby made his duty, to order a spe-
cial term of said court, to be held at such time as he may des-
ignate, to lay off said county in Justices Districts, as is direct-
ed in the first section of this act.
SEc. 11. Be it further enacted, That no oath administeredoaths not void
by any Justice, authorized to be elected by the foregoing pro.
visions of this act, shall be declared void in consequence of
having been administered without the limits of the District for
which he may have been elected: Provided, That the same
shall have been administered within the county for which [he
may have been so elected and commissioned.
Approved March 7th, 1845.

NO. IV.
An ACT to provide for the election of Tax-Collectors.
SECTION 1. Be it enacted by the Governor and Legislative
Councilof the Territory of Florida, That on the first Monday in
November, eighteen hundred and- forty five and every twoElection, when
years thereafter, there shall be held at each election precinetheld.
in each county of this Territory, an election for one Tax-Col-
lector, said election to be governed by the rules, regulations
and provisions of the law now in force in relation to the elec-
tion of county officers.
Sec. 2. Be itfurther enacted, That it shall be the duty of the DtyofTa
Tax-Collector to assess and collect the Territorial andCollectors.
County Taxes of their respective counties: Provided, howev-
er, that after they shall have assessed the taxable persons and
property of their several counties and before they shall pro-
ceed to collect the Taxes levied upon the same they shall make
and file upon oath a return of their assessment with the clerk
of their county Courts.
Sec. 3. Be itfurther enacted, That the several Tax-Collee-

(30)
Oath. torm whose election is hereinbefore contemplated shall, before
entering upon the duties of this office, take an oath, faithfully
to perform the duties of the same and shall execute a bond
with good and sufficient securityin such sum as the county
Courts may think right and proper, conditioned for the correct
and faithful performance of the duties of the said office which;
said bond, after approval by the Judge of the county Court
shall be recorded in the office of the clerk of the county Court
and filed in the office of the Clerk of the Superior Court hol-
den in and for said county, the bond of the Tax-Collectors re-
quired by the provisions of this act shall be made payable to
the Territory of Florida.
Sec. 4. Be itfurther enacted, That until Tax.Collectors are
Wheneountyelected as provided for by this act, it shall be competent for the
coUrtst, ay aeounty Courts to appoint Tax-Collectors, who shall hold their
M Tora. "office until the provisions of this act are complied with and
their duties shall be the same as those prescribed by this. act.
Term of office, Sec. 5. Be it further enacted, That the Tax-Collectors elec-
and conpen'n.ted in pursuance of the provisions of this act shall hold their
office for the term of two years, unless sooner removed by le-
gal authority, and they shall receive as compensation for their
services an amount not exceeding five per cent for assessment
and five per cent for collection.
Approved March 11th, 1845.

NO. V.
An ACT to amend the law approved March 15th 1844, to incorporate the
inhabitants of the different townships of this Territory.
Superintend'ts SECTION 1. Be it enacted by the Governor and Legislative
com'n schools.Council of the Territory of Florida, That the Judges of the
county Courts of the several counties of this Territory be, and
they are herebycreated and shall be superintendents of com-
mon schools in their respective counties,.so faras to give atten-
tion and encouragement to the preservation of the sixteenth
sections throughout their respective counties, the rightful ap.
propriation of the money derived from said lands, and to all
matters and things connected with the advancement of com-
mon schools.
On failure to e- Sec. 2. Be it further enacted, That in case of failure or ne-
lect trustees. glect of the inhabitants of any of the townships, during the
past year, or at the time prescribed by law, to elect Trustees
or other officers, or of the persons elected refusing to accept
their said offices, or of refusal by the Trustees elected to sup-
ply vacancies according to law the said Judges shall appoint
Trustees or other officers with the like effect as if an election
had been regularly had by the inhabitants or Trustees.
Sec. 3. Be it further enacted, That on satisfactory showing
by complaint in writing of any of the inhabitants of said town.

(21)
ships to the Judge of said county Court that the Trustees or oth.On neglect &C.
er officers elected or appointed as aforesaid, have improperly
failed, neglected, or refused to discharge the duties assigned
them by law to the injury of the said inhabitants it shall be the
duty of said Judge to remove said officer or officers and appoint
another or others in his or their stead: Provided, however,
such removal shall be only after notice to the party complain-
ed of, and a trial agreeable to the rules of law.
Sec. 4. Be itfurther enacted, That if there be no schools in Money to be
any of the townships, the proceeds of the rent of said lands orloaned.
other money of said school fund shall be loaned out on good se-
curity with legal interest for a period not longer than a year,
and renewed if required.
Sec. 5. Be it further enacted, That the Trustees of the six. Duty of trust.
teenth section, shall appropriate the moneys belonging to thetees.
said fund, in the manner best calculated to advance and pro-
mote the education of the children in said township, by the in.
stitution, support, and establishment of common schools there-
in.
Sec. 6. Be it further enacted, That in case of interference oltn case of inter-
a private claim with any sixteenth section, in any townshipference of pri-
which shall entitle the inhabitants thereof to a location else.vate claim..
where, as provided by the law of Congress, and a failure of the
inhabitants or their trustees to make said location, it shall be
the duty of the said Judge of the county court to cause said
location to be made of the best and most suitable lands to be
obtained, and in- the] best manner practicable, the expenses
thereof to be borne by the county in which the inhabitants of
said township reside.
Sec. 7. Be it further enacted, That the Trustees in the sev-l.eport of trust's
eral townships shall report on or before the first Monday in
December in each and every year, to the Judge of the county
court: 1st the number of Teachers employed: 2nd the num.
ber of children, male and female and the different branches
taught in their respective schools, and such other information
as they may deem proper, and it shall be the duty of the said
Judge to consolidate the said returns and forward the same to
the Secretary of the Territory, that the same may be commu-
nicated to the Legislative Council.
Sec. 8. Be it further enacted, That the eleventh section of Repeal'g clause
a law passed at the last council and approved 13th March,
1844, be and the same is hereby repealed.
Sec. 9. Be it further enacted, That the money now in theMoney new in
Treasury received from school lands, be paid over to the trus.Treasury.
tees of the townships entitled thereto by rent of the land of
said townships respectively.
Sec. 10. Be it further enacted, That the said trustees shallDuty of trust's.
appoint a treasurer, who shall be required to give bond with
good security, to be approved by the Judge of the county court
for the faithful discharge of his duties. That this act shall be

(22)
in force from and after its passage, and all other acts coming
within the provisions of the same, be, and are hereby repealed.
Malpractice in Sec. 11. Be t further enacted, That if any officer under
office. this act shall wilfully misappropriate, or shall apply to his
own use the funds of any township, he shall be liable to be in.
dicted and on conviction shall be fined in a sum not exceeding
onethousand dollars or imprisoned not exceeding two years at
the discretion of a jury.
Approved March 10th, 1845.

NO. VI.
An ACT to suspend the Revenue Laws for the year one thousand eight
hundred and forty five and for other purposes.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of he Territory of Florida, That from and after the passage
Repeal'g clauseof this at, the revenue Laws of this Territory shall be sus.
ended, so far as they may authorize the assessment and col-
lection of a Territorial revenue for the current year, and no
further: Provided, That the Operation of this act, shall not
be construed to extend to the tax on sales at auction, retailers
of spirituous liquors, keepers of billiard tables, exhibitors of
public shows and pedlers, or to prohibit the assessment and
collection of County taxes.
Defining clause Sec. 2. Be ilfurther enacted, That the retailing of spirituous
liquors as heretofore provided, shall not be construed to em-
brace the sale of any quantity exceeding a quart.
Sec. 3. Be it furtherenacted, That the tax on the license for
retailing spirituous liquors shall not exceed ten dollars.
Approved March 6th, 1845.

NO. VII.
An ACT to amend an act providing for the change of venue in criminal
cases.
SECTION 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That hereafter it shall and
Lawful to ordermay be lawful.for the Judges of the Superior courts of the Terri.
change venue, tory of Florida, to order a change of venue, in all such criminal
cases in which the said Judge may be satisfied that it is im.
practicable to get p qualified jury to try the same, in the Coun.
ty in which-the offence shall have been committed.
Such change may be ordered either upon application of the
Affidavit. prosecuting Attorney, or ofthe Defendant, upon affidavit setting
forth the necessity for such change. And if there be no such
application, but it shall appear to the court either from the
report of the marshal, or in any other manner whatsoever such

(23)
change of venue may be ordered in the same manner as if such
application had been made accompanied by proper affidavits.
Sec. 2. Be it further enacted, That the change of venue Where to.
hereby contemplated shall be to any other County in the same
Judicial District, which the Judge ordering stch change may
deem most fit and convenient.
Sec. 3. Be itfurther enacted, That in all cases in which the
venue in a criminal case shall be removed to another County in Duty of mar-
pursuance of this act, it shall be the duty of the marshal or oth.shal.
er officer having the defendant in such case in custody, to pro-
duce him for trial, at the time and place appointed by the or-
der of the Court so changing the venue. And whenever such
Defendant, shall be at large on bail or recognisance, he shall
be required to give new bail or recognizance, conditioned for his
appearance at the time and place mentioned in the order so
changing the venue. And all such cases so removed shall be
tried in the same manner in the County to which they are re-
moved, as if the offence had been committed and the prosecu.
tion originated in the County to which they. are so removed.
Approved March 10th, 1845.

NO. VIII.
An ACT to exempt Homesteads from Execution, Attachment and Distress.
SECTION 1. Be it enacted bp the Governor and Legislative Coun.
cil of the Territory of Florida, That every farmer seized and
possessed of forty acres of land in his or her own right in fee Horesteads.
simple, and shall actually have in cultivation at least ten acres
of the same, shall hold the same free and exempt from Execu.
tion attachment or distress, except for a violation of the crim.
inal law, or fines imposed by a Court Martial or Road Com-
missioners, or for taxes due on the same for county or Territo-
rial purposes. Provided the lana and improvements does not
exceed in value two hundred dollars; said valuation to be made
by three freeholders, of no kin to either party interested, to be
selected by the officer making the levy; Provided also, that
if upon such valuation, said land shall exceed $200, then, and
in that ease, it shall be the duty of the said appraiser to set a.
part a portion of said land, including the dwelling or residence
thereon, in case the same shall not be valued at more than $200,
and if so, then they shall set apart any other portion of said
land which may be selected by the owner or owners thereof,
not exceeding in value $200, which shall be exempted from
sale and reserved for the use of said family. Also the follow.
ing property be exempted: that the boat and gun of every fish.
erman, pilot, or resident upon any island, or coast,or on any bay,
harbor, or inletot the Territdry, and the boat and flat of any
ferryman, when in either case the same shall not exceed iaval.
ue two hundred dollars.

(24)
Yower to dis. Sec. 1. Be it further enacted, That the proprietor of such
pose of same. lands so exempted from execution, attachment or distress, shall
have power to dispose of the same by last will and testament,
should the proprietor of such land die intestate, then the same
shall descend to his or her issue surviving at his death, and
should he or she die without leaving issue surviving at his
death, then the same shall be allotted and set apart to his wid-
ow, but should he or she leave no issue or widow then the same
shall be subject to his or her debts.
Approved, March llth, 1846.

NO. IX.
An ACT to secure certain rights to Women.
SECTION 1. Be it enacted by the Governor and Legislative Coun.
cil of the Territory of Florida, That hereafter when any fe.
When already male, a citizen of this Territory, shall marry, or when any fe.
possessed of male shall marry a citizen of this Territory, the female being
property. seized or possessed of real or personal property, her title to
the same shall continue separate, independent, and beyond
the control of her husband, notwithstanding her coverture and
shall not be taken in execution for his debts : Provided, howev-
er, that the property of the female shall remain in the care and
management of her husband.
Hre Sec. 2. Be it further enacted, That married women may
some seized. hereafter become seized or possessed of real and personal prop.
erty, during coverture, by bequest, demise, gift, purchase, or
distribution; subject however to the restrictions, limitations,
and provisions, contained in the foregoing section.
Sec. 3. Be itfurther enacted, That any married woman having
Wife not to aueseperate and independent title to property, under and by virtue
her husband, of this act, shall not be entitled to sue her husband for the rent,
hire, issues, proceeds or profits, of said property, nor shall the
husband charge for his management and care of the property
of his wife.
Sec. 4. Be it further enacted, That the husband and wife
Sales, how ef.shall join in all sales, transfers, and conveyances of the prop-
fected. erty of the wife, and the real estate of the wife shall only be
conveyed by the joint deed of the husband and wife, duly at-
tested, authenticated, and admitted to record, according to the
laws of Florida, regulating conveyances of real property.
Debts. -Sec. 5. Be it further enacted, That the husband shall not be
held or deemed liable to pay the debts of his wife, contracted
prior to any marriage hereafter to be solemnized in this Terri-
tory, but the property of the wife shall be subject to such
debts.
Deathof mar- Sec. 6. Be itfurther enacted, That if married women die in
ried women, this Territory possessed of real and personal property, or of
either species of property, the husband shall take the same in.

(25)
rest in her said property, and no other, which a child would
take and inherit, and if the wife should die without children,
then the surviving husband shall be entitled to administration,
and-to all her property, both real and personal.
Sec. 7. Be it further enacted, That all the property realT be invent.
and personal, which shall belong to the wife at the time of herrid and recor-
marriage, or which she may acquire in any of the modes here-ded.
inbefore mentioned, shall be inventoried and recorded in the
County clerks office ofthe county in which such property is
situated, within six months after such marriage, or after said
property shall be acquired by her, at the peril ofbecoming lia-
ble for her husbands debts, as if this act had not been passed:
Provided, that any omission to make said inventory and Record,
shall in no case confer any right; upon her bushand.
Approved March 6th 1845.

NO. X.
An ACT to amend the several acts relating to Depositions.
SECTION 1. Be it enacted by the Governor and Legislative
'Council of the Territory of Florida, That from and after thecommissioners
passage of this act, it shall and may be lawful for Commission-to take deposi-
ers (appointed to take Depositions,) to issue a subpmna, direc-tions.
ted to the witness mentioned in said commission, commanding
said witness to be and appear before said commissioners, at a
certain time and place to be designated in said subpoena.
SEC. 2. Be it further enacted, That if said witness or wit. To issue at.
nesses refuse or neglect to appear before said Commissioners,tachment.
after reasonable notice, it shall and may be lawful for said
commissioners to issue an attachment for said witness or wit-
nesses, so refusing or neglecting to appear, which attachment
shall be directed to the Marshal, Sheriff, or Constable, and the,
said officer to whom the said attachment may be directed, shall
have full power to arrest the person 5 refusing to answer and
bring him, her or them, before the commissioners, who shall
have full power to imprison said witness until he, she or they
consent to answer before said commissioners, and the witness
so offending shall pay all costs that may accrue.
Sac. 3. Be it further enacted, That commissioners ap.Poers~f com.
pointed by the Courts of any of the United States, or the Ter-missioners.
ritories thereof, to take the testimony of any person residing
within the limits of this Territory, shall have as full and am-
ple powers as if they were appointed by the Courts of this Ter-
ritory.
SEc. 4. Be it further enacted, That from and after the pas.
sage of this act, all testimony to be taken out of court, to be to b'e itakny
used in any cause, pending in any court in the Territory,'shall
be taken on written interrogatories, a copy of which shall be
first served upon the opposite party ; but, by mutual consent
4

(26)
such interrogatofies may he dispensed with, and the ptrty who
shall be servd'with any interrogatories, shall be required to
answer the same within the time now prescribed by law.
Approved March 6th, 1845.

NO. XI.
An ACT concerning Replevin.
SECrION 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That whenever arny goods
or chattels shall have been.wrongfully taken, or shall be wrong.
When action offully detained, an action of replevin may be brought for the
replevin mayberecovery thereof and for the recovery of the damages sustain.
brought. ed by reason of such wrongful caption or detention, in the Su-
perior Court, or other Court having jurisdiction in the county
in which such property may BeToufid.
Sec. 2. Be it further enacted, That no replevin shall lie for
When it willany property taken by virtue 6f tny warrant for the collection
not lie. of any tax, assessment or fine in pursuance of any statute in
this Territory.
Sec. 3. Be it further enacted, That no replevin shall lie at
the suit of the defendant in any execution or attachment to re-.
Do. cover goods and chattels seized by virtue thereof, unless such
goods and chattels are exempted by law from such execution
or attachment, nor shall a replevin lie for such goods or chat-
tels at the suit of any other person unless he shall have a right
to reduce into his possession the goods taken.
See. 4. Be itfurther enacted, That actions of replevin shall
Suit, how com.be commenced by writ and summons, issued by the Clerk of the
menced, &c. Superior or County Court, or by a Justice of the Peace, re-
turnable as other process in actions at law, to the court from
which such writ and summons issued; but in no case shall
such writ or summons b& issued by a Justice of the Peace,
where the value of the pfrperty sought to be replevied shall
exceed the jurisdiction of such Justice, except as.is hereinafter
excepted, such writ and summons shall command the officer to
whom it may be directed, to replevy the goods and chattels in
possession of the defendant, describing them, and deliver the
same without delay to the plaintiff, and to summon the defen.
danttobe, and appear before the court from which said writ
and summons were issued, on the return day thereof, to an.
swer the plaintiff in the premises.
Duty of officer. Sec. 5. Be it further enacted, That upon the receipt of the
writ, the officer shall forthwith proceed to execute the same, by
delivering the possession of the property named and described
therein to the plaintiff, or to his authorized agent and by sum-
moning the defendant according to the tenor of the writ.
Affidavit to Le Sec. t. Be itfurther enacted, That before any writ of re.
made. plevin shall issue, the plaintiff, or some other credible person

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in his behalf shall make and file with the Clerk or Justice, to To make affi.
whom application may be made for such writ, on affidavit, sta-da'vit
ting that the. plaintiff is lawtully entitled to the possession of
the property, describing it, and that the same has not been ta-
ken for any tax, assessment or fine levied by virtue of any law
of this Territory, nor siezed under any execution or attach-
ment against the goods and chattles of such plaintiff liable to
execution; and such plaintiff, or some other competent person
in his behalf, shall also execute to the defendant and file with
the Clerk or Justice of the Peace (as the case may be) a bond,
with good and sufficient security to be approved of by such
Clerk or Justice, in at least double the estimated value of the
property to be replevied, conditioned that the plaintiff will pros-
ecute his suit to effect and without delay, and that if the de-
fendant recover judgment against him in the action, he will re-
turn the same property if return thereof be adjudged, and will
pay to the defendant all such sums of money as may be recov-
ered against him by such defendant in the said action for any
causes whatever.
Sec. 7. Be itfurther enacted, That in executing the writ ofWhen such pro.
replevin, if the property, or any part thereof be secreted orperty i'secreted
concealed in any dwelling-house or other building or enclo.
sure, the officer shall publicly demand deliverance thereof,
and if the same be not delivered by the defendant or some oth-
er person, he shall cause such house, building or enclosure, to
be broken open, and shall make replevinaccording to the writ;
and if necessary he shall take to his assistance the power of
the county.
Sec. 8. Be itfzfrther enacted, That if the goods and ohattelsWhentheood,
specified in the writ of replevin be not delivered to the plaintiff&c., are not de-
and the defendant shall have been duly summoned, the plain-livered.
tiff may either sue out an alias writ, or proceed in his suit by
filing a.declaration in trover or tresspass, and thereby abandon
his action of replevin.
Sec. 9. Be itfurther enacted, That in replevin the plaintiffPIantiff to file
shall file his declaration at the time now required by lawin othbdeclaration.
er suits, on or before the first day of the term to which the
writ is returnable, unless the writ be issued by a Justice of the
Peace, when no written pleadings shall be necessary, and un.
less further time be given by the Court; and the defendant
shall demur or plead thereto within such time as is prescribed
in other actions at law, and similar proceedings shall in like
manner, be had as in other personal actions.
Sec. 10. Be itfurkher enacted, That the defendant may plead o
that he is not guilty of the premises charged against him, andna t
this plea shall put in issue, not only the right of the plaintiff to
the possession of the property described in the declaration, but
also the wrongful taking and detention thereof.
Sec. 11. Be it further enacted, That if it shall appear uponThe plaintiff to
default of the defendant, or upon trial, or otherwise that thehave judgment.
goods described in the declaration were wrongfully taken or

(28)
detained by the defendant, the plaintiff shall have judgment
for his damages, caused thereby, and for his costs of suit.
The defen't to Sec. 12. Beitfurther enacted, That if it shall appear upon
have judgmentthe non-suit of the plaintiff, or upon trial, or otherwise, that the
with damages. defendant is entitled to a return of the goods, he shall have
judgment therefore accordingly, with damages for the taking
thereof by the replevin with his costs, with a writ of return
and restitution thereupon accordingly, unless he shall elect to
waive such return asin the next section provided.
For value of Sec. 13. Be itfurther enacted, That whenever the defendant
property. shall be entitled to a return of the property replevied, instead
of taking judgment therefore, he may takejudgment for the val'
ue of the property replevied, to be assessed by the jury.
Sec. 14. Be it further enamced, That when property has
been wrongfully taken, or is wrongfully detained and it con.
When propertysists of separate articles, any one of which may in value be
onsilts of e"within the jurisdiction of a Justice of the Peace, but taken to-
paae gether will exceed that jurisdiction, the plaintiff shall not for
the purpose of giving jurisdiction to a Justice of the Peace, di-
vide and separate said property to enable him to bring separ-
ate actions therefore, and in all cases of actions of replevin be.
fore a Justice of the Peace, either party may remove the same
immediately by certiorari to the Superior or County Court.
S Sec. 15. Be it further enacted, That wheh property wrong-
c .ene i e"fully taken or wrongfully detained, exceeds in value the juris-
the jurisdictiondiction of a Justice, and it is inconvenient or impracticable from
of justices of distance or other cause, or the urgency of the case will not
the peace. permit, to apply to the clerk of the Superior or county court,
for a writ of replevin, then, and in such cases it shall be law-
ful for a Justice of the Peace on application, and it shall be his
duty after affidavit, and bond and security, (and in such case
two good and sufficient securities shall be required,) shall be
nade and given as by this act is directed, and filed with the
justice, to issue a writ of replevin, as in other cases. The
bond and security to be, in the first place, approved by the Jus.
twice, and the writ to be directed to any officer competent to serve
the same, and who shall be required thereby to serve and re-
turn the same forthwith ; and when the said writ and summons
shall be returned, and executed, it shall be the duty of said
Justice to cause said bond, affidavit and writ to be immediately
or as soon as it can be done, filed in the office of the Clerk of
the nearest County or Superior Court as the plaintiff may di-
rect, and the said officer making the replevy, shall not deliver
the property so replevied to the plaintiff until the 'said bond
and security shall be approved by the Clerk of said superior or
county court, or such other or additional security be given by
said plaintiff as said clerk shal4 require and when said affida.
vit, bond, and writ shall have been filed in the Clerk's office,
the plaintiff may proceed in the same manner as if the writ
had been issued originally by the Clerk of that Court.
Sec. 16. Be it further enacted, That an act entitled "An

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,Act to prevent the unlawful and violent taking of pcrsona7'epea'lgcTRuse
property," approved February 12th, 1837, be, and the same is
hereby repealed, without prejudice however to any proceed.
ings that may have been instituted under said act, and are now
pending, but the same may be carried on and completed as if
said act had not been repealed.
Approved, March 11th, 1S45.

NO. XII.
An ACT to prescribe forms to regulate proceedings before Justices of the
Peace, Coroners, and other officers in the Territory of Florida.
SECTION 1. Be it enacted by the Governor and Legislative Be it enacted,
Councilof the Territory of Florida, That from and after the&c.
passage of this act, the following forms be, and they are here-
by adopted for the regulation of proceedings before Justices of
the Peace:
Form of Summons.
Territory of Florida. J In the name of the Territory of Florida:
County. To any constable of said county: Form of Sum
You are hereby commanded to summon to ap.mons'
pear before me at on the" day of A.
D. 184 to answer of a plea of debt due by
for the sum of dollars and cents,
herein to fail not, or judgment will be given against him by de-
fault.
Given under my hand and seal this day of A.
1. 184 [SEAL.]
Justice of the Peace.
Form of Subpoena.
Territory of Florida, In the name of the Territory of Florida:
County, T'o any Constable of said county :
You are hereby required to summons person- Subpmna.
ally to be and appear before me at on the
day of A. D 184 to testify and the truth to speak in
behalf of in a suit depending in my said court,
wherein is plaintiff and is defen-
dant, and herein to fail not under penalty of the law:
Given under my hand and seal this day of A.
D. 184 [SEAL.]
Justice of the Peace.
Form of Judgment.
Territory of Florida, Form of Judgment.
County, I Judgment is hereby rendered- a-
gainst the defendant in favor of the plaintiff for the sum of Judgment.
dollars and costs of suit.
Given under my hand and seal this day of
A. D., 184 [SEAL.]
Justice of the Peace.

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Form of Garnishment.
Territory of Florida, In the name of the Territory of Florida
County, To
You are hereby required personally to be and appear before
a Justice's Court to be holden at on the day
Garnishment.Of A. D. 184 then and there in a certain matter
wherein is plaintiff, and is defen-
dant, to set forth upon oath what goods and chattels, rights and
credits, money or effects, were in your hands, custody, or con-
trol, at the time of the service of this notice, or since, belong-
ing to the said defendant, and in what sum you are indebted to.
him : Herein fail not.
Given under my hand and seal this day of ,
A. D. 184
Constable.
Form of Execution.
Territory of Florida, the name of the Territory of Florida:
County, To any lawful constable of said county:
You are hereby commanded to seize and take into your pos.
session so much of the estate of as will make the
Ssum of' dollars, which in a Justice's court held at ,
Execution, on the day of A.D.184 were ad-
judged to for his debt and costs of suit together
with the costs of this execution, and that you have the same be.
fore me at on the day of A. D.
184
Given under my hand and seal this day of A.
D. 184 [SEAL.]
Justice of the Peace.
Form of Appeal Bond.
Territory of Florida, KNow all men by these presents, that
County, we, are held and firmly
bn, hound unto in the sum of dollars, for the
Appeal ondpayment whereof well and truly to be made, -we bind ourselves,
our heirs, executors and administrators, jointly and severally,
firmly by these presents. Signed and sealed this day of
A. D. 184 The condition of this obligation is such, that
whereas, the said on the day of A.
D. 184 in a Justice's Court, held at recovered a
judgment against the said for the sum of
dollars, and the said being dissatisfied with said
judgment, and having prayed for and obtained an appeal to the
next term of the Court to be held for said County :
Now, if the said shall well and truly pay the
amount of said judgment, with all costs and damages that may
be awarded, in case the said judgment of said Justice shall be
affirmed, then this obligation to be void, else to remain in full
force and virtue. [SEAL.]
[SEAL.]
[SEAL.]

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Form of Replevy Bond.
Territory of Florida, KNow all men, by Chede presents, that
County. we are held and firmly
bound unto in the sum of \ dollars, for the
payment whereof well and truly to be made, we bind ourselves,
our heirs, executors and administrators, jointly and severally,Replevy Bond.
firmly by these presents. Signed and sealed this day of
A. D. 184 The condition of this obligation is such,
that whereas a Constable in and for said County,
by virtue of an execution in favor of against
has levied upon the following property :-[here de.
scribe the property]-and wishing to replevy the
same: Now if the said shall have the said pro.
perty forthcoming, at on the day of A.
D. 184 then this obligation to be void, else to remain in full
force and virtue. [SEAL.]
[SEAL.]
Form of Affidavit and" Bond, where a claim is interposed to property which
has been levied upon.
Territory of Florida, J Before the Subscriber, a Jdstice of the
County. Peace in and for said County, personal-
ly came who, being duly sworn says that the fol.Affidavit, Bond
lowing property, to wit: levied upon by &.
a Constable in and fbr said County, by virtue of an ex.
ecutionjin fvor of against belongs
to him, the said affiant.
Sworn to and subscribed before me,
this day of A.D. 184
Justice of the Peace.
Territory of Florida, t KNow all men by these presents, that
County. wei and are
held: and firmly bound untot in the sum of
dollars, for the payment whereof well and truly to be made,
we bind ourselves, our heirs, executors and; administrators,
jointly and. severally, firmly by these presents. Signed and
sealed this day of A. D. 184 The condition of
this obligation is such, that whereas a Constable
in and for said County, has levied upon the following property,
to wit: by virtue of an execution in. favor of
against and the above bounden .
having interposed a claim to said property. Now, if the
said shall deliver said property upon demand of
said officer, if the same shall be adjudged to be the property of
the defendant in execution, and pay to the plaintiff all damages,
which the jury on the trial of the right of property, may find
in his favor, if it shall appear to the jury that such claim was
interposed for the purpose of delay, then this.obligation to be
void, elseto remain in full force and virtue. [ssa-.]
[SEAL.]
[sELA4]

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Form Of Oath to Jury.
Oath to Jury. You, and each of you, do solemnly swear that you Aill well
and truly try this issue, wherein is plaintiff,
and is defendant, and a true verdict give,
according to evidence: So help you God!
Form of oath to Jury to try a claim.
You, and each of you, do solemnly swear that you will well
Do. to try aand truly try this claim interposed by to this property
claim, levied upon by virtue of an execution in favor of a-
gainat and a true verdict give according to the
law and evidence, and that you will also give to the plaintiff
such damages not exceeding twenty per cent., as may appear
reasonable and right, in case that it should appear that such
claim was interposed for delay: So help you God!
Oath to be administered to a Witness.
You do solemnly swear that the evidence you shall give on
Witness Oath. this issue shall be the truth, the whole truth, and nothing but
the truth: So help you God!
Form of affidavit of a party proving his account by his own oath.
Territory of Florida, Before the subscriber a Justice of the
County. Peace in and for said county, per.
Party's ownsonally came who being duly sworn says that
oath. the within (or annexed) account is just and correct, and that
he has no way to prove the same, but by his own oath.
Sworn to and subscribed before me
this day of A. D. 184
Justice of the Peace.
Form of Proceeding for a Peace Warrant.
Territory of Florida, Before the subscriber a Justice of the
FrCounty. Peace in and for said county, per.
For a Peacesonally came who being duly sworn, says
S that did on the day of A. D. 18
in the county aforesaid, (Here describe the cause of com-
plaint,) and this affiant says he has reason to fear and does
fear that the said will commit the offence so
threatened, and he prays that the said may be
required to find sureties to keep the peace, and this afliant fur-
ther says that he does not require surety of the peace against
said out of malice or for mere vexation, but for
the cause aforesaid.
Sworn to and subscribed before me
this day of A. D. 184
Justice of the Peace.
Warrant.
Territory of Florida, In'the name of the Territory ofFloiida:
County. To any lawful officer of said county:
Warrant. WHEREAs has this day made oath before me
that did on the day of A. D. 184 in
the county aforesaid, (Here describe the cause of complaint,)

(33)

and that he has cause to fear and does fear that the said
will commit the offence so threatened, and that he prays Warrant
the said. may be required to find sureties to keep
thelpeace, and that he does not pray that the said
may be required to find sureties to keep the peace, out of mal.
ice or f3r mere vexation, but for the cause aforesaid: These
are, therefore, to command you, forthwith to arrest him, the
said and bring him before me to be dealt with ac-
cording to law.
Given under my hand and seal this day of A.
D. 184 [SEAL.]
Justice of the Peace.

Form of Bond to keep the Peace.
Territory of Florida, ? Know all men by these presents that
County, we t
are held and firmly bound unto the Governor of the Territory
of Florida, and his successors in office, in the sum of
dollars, for the payment whereof, well and truly to be
made, we bind ourselves, our heirs, executors and admistra-
tors, jointly and severally, firmly by these presents.
Signed and sealed, this day of A. D. 184
The condition of this obligation is such, that if the said
shall appear at the next term of the Superior
Court of County, and not depart the same without
leave, and shall in the meanwhile keep the peace towards the
people of the Territory of Florida, and particularly towards
of said county, then this obligation to be void,
else to remain in full force and virtue.

Bond to keep
he Peace,

Taken before and approved of by me, [sEAL.]
Justice of the Peace. [SEAL.
[SEAL.]
Form of Warrant to commit on failure to find sureties to keep the Peace.
Territory of Florida, In the name of the Territory of Florida: Warrant to
County, To the sheriff of said county: commit on fail.
WHEREAS, has this day made oath before meure to find sure.
that did on the day of A. D. 184 ties to keep the
in the county aforesaid, (Here state the cause of complaint)Peace.
and whereas, it appeared to me upon the examination of the
said complaint, the evidence duly made on oath, reduced to
writing and subscribed; that there was just reason to fear the
commission of the said offence by the said and
the said having been required to enter into a
Recognizance in the sum of dollars, with suffi-
cient surety, to appear at the next term of the Superior Court
to be held in said county, and not to"depart the- same without
leave, and in the meanwhile to keep the peace towards the
people of the Territory of Florida, and particularly towards
the said and the said having refu-
sed to find such surety: These are, therefore, to command you
forthwith to convey the said to the common jail

(M)
of aid Mranty, ad to deliver him t1the keeper thereof who
is hereby eiredme to receive the said into his
oeutody is the said jail ad to keep him safely there until be
shall find suoh meority,or be thence discharged by due course
of Itw..
Given under my hand this day of A. D. 184
(SEAL.]
Justice of the Peace.
Form of proceedings in eases of Assault and Battery.
Territory of Florida,
County, S Before the subscriber, a Justice of
the Peame, in, and for said county, personally came
Aault ad who being duly sworn says that one on the
JItary. day of A. D. 184 in the county aforesaid, in and
upon the said affiant an assault did make, and him the said af.
iuot, then and there did beat, bruise, wound and ill treat.
Sworn to and .ebacribed before me
this alayof A. D. 184
Justice of the Peace.
Form of Warrant.
Territory of Florida, In the name of the Territory ofPlorida;
Wwrant. County, To any lawful officer of said county:
W-airEas, has this day made oath before me,
Yratone -on the day of A. D. 184
fu fhet'onnty 'fbresaid, in and upon him the said affiant an
assaht did make, and him the said affiant then and there did
teat, bruise, wound and ill treat: These are, therefore, to
command you forthwith to arrest the said and to
bring'lim before me to be dealt with according to law. Giv-
en under my hand 'and seal this day of A. D.
184 [SEAL.]
Justice of the Peace.
FMn of Proceedinag ica~ses of Larceny.
drhmae Tp'mritory of Florida,i
County,- Beforethe subscriber a Justice of
thsPeMace, in, and for said county, personally eame
who being duly sworn says that one on the
day A. D. 184 in the county aforesaid, (des.
cribe partiearly the articles and the value of each) of the
egods and chattels of one.(set forth the owner,) then and there
being found, feloniously did steal, take and carry away.
Sworn to and subscribed before me
4bis day of A. D. 184
Justice of the Peace.
:Form of Warrant.
'Territory r 'tlbrida, (In the name of the Territory of Florida;
'County, 5'To any lawful officer of said county
Wi9tEAus, ,'has this day made oath before me
that one on the day of A. D. 184

(s35)
in the county aforesaid, (here describe the articles as in the W
affidavit) of the goods and chattels of one (here set fbrth the
owners name) then and there being found, feloniously did
steal, take, and carry away : These are, therefore, to corn.
mand you, forthwith to arrest the said and bring
him before me to be dealt with according to law.
Given under my hand and seal this day of A.
D. 184 [SEAL.]
Justice of the Peace.

Recognizance for appearance at Court.
Territory of Florida, KNOW all men by these presents, that
County. we and are Recognizuee
held and firmly bound unto the Governor ot Florida, and his
successors in office, the said-[here insert the name of the
principal]-in the sum of dollars, and the said
each in the sum of-[here insert one-half the sum fot
which the principal is bound]-for the payment whereof wall
and truly to be made, we bind ourselves, our heirs, executors
and administrators, firmly by these presents. Signed and
sealed this day of A. D. 184' The condition of
this obligation is such, that if the said shall ap-
pear at the next term of the Superior Court, to be held in and
for said County, to answer to an indictment for--describe the
offence]-and shall not depart the same without leave, then
this obligation to be void, else to remain in full force and virttues
Taken before and approved of by me, [SeAL.]
Justice of the Peace. [SSAL.
[ssAL.

Warrant of Commitment on failure to give Bond.
Territory of Florida, In the name of the Territory of Florida: Warant of
County. To the Sheriffof said County: commitment on
Whereas .has this day made oath before me infailure to give
writing, that one on the day of A.B d
D. 184 in the County aforesaid, did-[here describe the
offence precisely as it is set forth in the affidavit and warrant]
-and whereas it appeared to me from an examination of the
witnesses, duly made on oath, reduced to writing and subscribe.
ed, that there was just reason to believe that the said
was guilty of such offence, and the said on
being brought before me on a capias, was required to enter into
a recognizance, with sufficient surety, in the sum of
dollars, to appear at the next term of the Superior Court, to be
held in and for said County, and not to depart the same without
leave, and the said having refused to find such
security: You are, thereforejoominanded forthwih to coawey
the said to the common jail of the said County,
and to deliver him to the keeper thereof, who is hereby required
to receiverthe said into his custody in the said

(36)
jail, and to keep him safely there until he shall find such secu-
rity, or be thence discharged by due course of law.
Given under my hand and seal this day of A.
D. 184 Justice of the Peace. [SEAL.]
Recognizance of Witness for the Territory.
RecognzanceTerritory of Florida, J Know all men by these presents that
of witness for County. I, am held and firmly
.Teritory. bound unto the Governor of Florida, in the sum of dol.
lars, for the payment whereof well and truly to be made,,!
bind myself, my heirs, executors and administrators, firmly by
these presents. Signed an~ sealed this day of A.
D. 184 The condition of this obligation is such, that if I
personally appear before the Superior Court of said County, at
*its next term, tobe holden in and for said County, then and there
to give evidence in behalf of the Territory against
who is charged with-[describe the offence]-and not depart
the same without leave, then this obligation to be void, else to
remain in full force and virtue.
Taken before and approved of
by me
Justice of the Peace. [sEAL.]
Commitment of Witness for not entering into Recognizance.
Commitment ofTerritory of Florida, In the name of the Territory of Florida
witness for not County. To the Sheriff of said County:
entering into Whereas, A. B. has this day been brought before me, a Jus.
recognizance. twice of the Peace in and for said County, upon the charge of-
[here state the offence precisely as it is laid in the warrant]-
and I having examined the witnesses on oath, and the said A.
B. without oath, in due form of law, did adjudge that said of-
fence had been committed, and that there was probable cause
to believe the said A. B. guilty thereof, and whereas upon said
adjudication, I did order C. D. who was then and there before
me, a material witness in behalf of the Territory, to become
recognized in the sum of dollars, for his appearance at
the next term of the Superior Court, to be holden in and for
said County, and the said C. D. having failed to enter into such
recognizance: These are therefore to command you forth-
with to take the said C. D. and convey him to the common
jail of said County, the keeper whereof is hereby required to
detain him in custody, in said jail, until he shall comply with
said order, or otherwise be discharged according to law.
Given under my hand and seal, this day of A.
D. 184 Justice of the Peace. [SEAL.]
Form of Search Warrant.
Territory of Florida, Before the Subscriber, a Justice of
County. the Peace, in and for said County, per-
sonally came A. B. who being duly sworn, says, that on the
Search warrant day of A. D. 184 the following gocds-[here
describe the goods piarticularly]-were feloniously stolen, tak.

(37)
en and carried away, out of the house of the said A. B. in the
County aforesaid, and that the said A. B. has probable cause
to suspect, and does suspect, that the said goods, or part there-
of, are concealed in the dwelling house of C. D. in the said
County.
Sworn to and subscribed before me,
this day of A. D. 184
Justice of the Peace.
Form of Warrant.
Territory of Florida, ? In the name of the Territory of Florida:
County. To any lawful Officerofsaid County: Warrant.
Whereas A. B. has this day made oath before me, that the
following goods, to wit-[here descrihelthe goods as in the affi-
davit]-on the day 184 were feloniously stol.
en, taken and carried away, out of the house of the said A. B.
in the County aforesaid, and that he, the said A. B. has proba.
ble cause to suspect, and does suspect, that the said goods, or
part thereof, are concealed in the dwelling house of C. D. in
the County aforesaid: These are therefore to command you,
with proper and necessary assistance, to enter in the day time
in the dwelling house of the said C. D. in the County aforesaid,
and there diligently to search for the said goods, and if the
same, or any part thereof, shall be found upon such search,
that you bring the goods so found, and also the body of the said
C. D. before me, to be disposed of and dealt with according to.
law.
Given under my hand and seal, this day 184
Justice of the Peace, [SEAL.]
Form of Proceeding on a charge for Murder.
Territory of Florida, j Before the Subscriber, a Justice of o
County. 5 the Peace, in and for said County, per-a charge rom.1
sonally came A. B. who being duly sworn, says that C. D. older.
the day of 184 in the County of in and
upon one E. F. in the peace of God then and there being, felo.
niously, wilfully, and of his malice aforethought, did make an
assault, and that the said C. D. with a certain knife which he
then and there had and held, in and upon the said E. F. a
mortal wound did inflict, of which said mortal wound the said
E. F. died, and that the said C. D. in manner aforesaid, the
said E. F. then and there did kill and murder, (or if the killing
was by shooting, vary the form by adding after the worJs "as.
sault," as follows)-and that the said C. D. with a certain
gun, which he, the said C. D. then and there had and held, in
and upon the said E. F. a mortal wound did inflict, of which
said mortal wound the said E. F. died, and that the said C. D.
in manner aforesaid, the said E. F. then and there did kill and
murder.
Sworn to and subscribed before me,
this day of 184
Justice of the Peace.

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Form of Warant
Warrant. Territory of Florida, In the name of the Territory of Florida
County. S County:
To any lawful officer of said County:
Whereas, A. B. has this day made oath before me-[here
recite the offence precisely as it is set forth in the affidavitl-
These are therefore to command you forthwith to arrest the said
C. D. and bring him before me, and some other Justice of the
Peace, to be dealt with aceord.ng to law.
Given under my hand and seal, this day of A.
D. 184 [SEAL.]

Form of Commitment to Jail of another County.
CommitmentTerritory of Florida, Whereas A. B. has this day made
tojail in anoth. County. oath before me in writing that C. D. on
er county. the day of 184 in the County of [Here
describe the offence precisely as it is set forth in the affidavit]-
and whereas it appeared to us, from an examination of the wit.
nesses duly made on oath, reduced to writing and subscribed,
and a copy of which is hereunto annexed, that there was just
reason to'believe that the said C. D. was guilty of the said of-
fence, and whereas there is no jail or place of safe keeping in
the said County: These are therefore to command you to de-
liver the said C. D. to the Sheriff of County, who is
hereby required to receive the said C. D. into his custody, in
the common jail of said County, there to be confined and dealt
with according to law.
Given under my hand and seal, this day of
A. D. 184 Justice of the Peace. [sEAi.]

Form for proceedings in Attachment Cases.
Territory of Florida, J Before the Subscriber, a rJustice
County. of the Peace, in and for said County,
personally came A. B. who being duly sworn says, that C. D.
Attachment ca-is justly indebted to him in the sum of dollars, which a-
ses. mount is actually due, and that the said C. D. is actually re-
moving out of the Territory of Florida, so that the ordinary
process of law cannot be served upon him, (or) that the said C.
D. resides beyond the limits of the Territory of Florida, so that
the ordinary process of the law cannot be served upon him, (or)
that the said C. D. absconds or conceals himself, so that the or.
dinary process ot the law cannot be served upon him,(or)that the
said C. D. is actually removing his property beyond the limits
of the Territory of Florida, for the purpose of avoiding the
payment of his just debts (or) that the said C. D. is fraudulent.
ly disposing of his property for the purpose of avoiding the
payment of his just debts.
Sworn to and subscribed before me
this 'day of 184
Justice of the Peace

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Form of Bonds.
Territory of Florida t Kxow all men by these presents that Bond
County we A. B. and and
are held and are firmly bound unto C. D. in the sum of
dollars, for the payment whereof well and truly to be made we
bind ourselves, our heirs, executors and administrators, jointly
and severally, firmly by these presents. Signed and sealed
this day of A. D.
The condition of the above obligation is such that Whereas
the said A. B. has this day applied for and obtained an attach-
ment against the lands tenements, goods and chattels of C. D.
for the sum of dollars and cents; Now if the said
A. B. shall well and truly pay all costs and damages the de.
fendant, the said C. D. may sustain in consequence ofimprop.
erly sueing out said attachment, then this obligation to be void
else to.remain in full force and virtue. [SEAL]
Taken before and approved by me [SEAL]
Justice of the Peace [SEAL]
Form of Attachment.
Territory of Florida, In the name of the Territory of Florida: of At.
County, To any constable of said County: tachment.
You are hereby commanded to attach and take into your
eOstody, so much of the lands, tenements, goods and chattels
of C. D. as will be sufficient to satisfy A. B. in the sum of
dollars and cents and costs, and that you have
the same before me at a Justice's court to be held at
on the day of next: Herein fail not.
Given under my hand and seal this day of A.
D. 184 [SEAL.]
Justice of the Peace.
Form of Notice to be posted at three public places in the District.
A. B. The defendant and all others interested are here.
Vs. by notified of the commencement of this suit, return-
C. D. abletoa Justice's Court to be held at
on the day of next, and to appear and plead to
the-same. Given under my hand and seal this day of
184
[SEAL.]
Justice of tie Peace.
Form of Distres for rent.
Termitory of Florida, -
County. Before the subscriber,'a Justice of
the Peace, in and for said county, personally came A. B. who
being duly sworn says that C D is indebted to him in the sum Distre- for
of dollars and cents, for the rent and use of themt.
following premises in said county, to wit, (here describe the
house or land) from the day of A. D. 184 to
day of 184
Sworn to and subscribedbefore me )
this day of 184 3
Justice of the Peace.

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Form of Warrant.
Territory of Florida, In the name of the Territory ofFlorida
County. To any Constable of said county :
WHEREAS, A. B. has this day made oath before me that C.
D. is indebted to him in the sum of dollars and
Warrant. cents, for the rent and use of the following premises in said
county (describe them as in the affidavit) from the
day of A.D. 184 to the day of 184
These are therefore to command you to levy upon and dis-
train the goods and chattels of C. D. which are liable to be dis.
traine-l, and which you may find in said House, (or) on the said
premises, and that you sell the same according to law.
Given under my hand and seal this day of A.
D. 184 [sEAL.]
Justice of the Peace.
Form of Proceedings before Coroners.
ProceedingsTerritory of Florida, In the name of the Territory of Florda:
before coroners. County, To any Constable of said county:
WHEREAs, I have been notified that the dead body of A. B.
is lying at.(describe the place where the body is found,) in
said County, and it is supposed that he came to his death by
violence' or casualty: You are hereby required to forthwith
summons a jury of good and lawful men of said county, not
less than eighteen in all, so that at least twelve be present, to
appear before me immediately at the place where said body is
lying in said county to inquire upon a view of the said body,
how, and in what manner, and by whom he came to his death.
Given under my hand and seal this day of 184
Coroner, [SEAL.]
Oath of Jury, twelve of whom must be sworn, at least; to the foreman first.
Oath. You solemnly swear that you will diligently enquire and
true presentment make, how, and in what manner, and by
whom A. B. who here lies dead, came to his death, and you
shall deliver to me, coroner of this county, a true inquest there-
of, according to such evidence as shall be laid before you, and
according to your knowledge. So help you God!
Oath of the other Jurors.
You do solemnly swear that such oath as your foreman hath
Oath.. taken, you and each of you shall well and truly observe and
keep on your respective parts: Sd help you God!
Form of charge to be given by the coroner to the Jury.
You will upon your oaths declare upon the death of A. B.
Charge to Jury-whether he died of felony, or mischance, or accident, and if 6f
felony, who were principals, and who were accessaries, with
what instrument he was struck or wounded, and so of all
prevailing circumstances which may come by presumption,
and if by mischance or accident, whether by the act of man,
and whether by hurt, fall, stroke, drowning or otherwise, also

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to enquire of the persons, if any, who were present, the finder
of the, body, his relations or neighbors, if he was killed in the
same place where the body was found, and if elsewhere, by
whom and how the body was brought thence, and if he died of
his own act, to inquire of the manner, meanr or instrument, and
of all the circumstances attending it.
Inquisition.for imurdcr.
Territory of Florida,
County. An Inquisition indented and taken for
the Territory of Florida in the county of on the day Inqu:iton fcr
of A. D. 184 beforeme, as coroner, in and for said coun-
ty upon the view of the body. of A. B. then and there lying dead,
upon the oaths of (Here insert the names of the Jurors,) good
and lawful men of the said county, who being sworn and char-
ged to inquire how and in what manner, and by whom the said
A. B. came to his death, do say upon their oath aforesaid, that
C. D. on the day of 184 in the county aforesaid, in and
upon the said A. B., in the peace of God then and there being,
feloniously, wilfully and of his malice aforethought, did make
an assault, and that the said C. D. with a certain knite which
he then and there had and held, in and upon the said A. B. a
mortal wound did inflict,of which said mortal wound the said
A. B. died,and that the amid C.D. in manner aforesaid the said
A. B. then and there.did kill and murder, (If there are accessa-
ries, as follows,) And the said Jurors do further say upon their
oath aforesaid that G. H. and I. J. were feloniously present at
the time of the felony and murder aforesaid, in form aforesaid
committed, that is to say, onthesaid day of 184 in the coun-
ty abfresaid, then and there comforting, abetting and aiding the
said C. D. to do and commit the felony and murder aforesaid,
in manner aforesaid :
In witness whereof, as well the said coroner, as the Jurors
aforesaid have to this inquisition set their hands and seals on
the day and year aforesaid, at the place.aforesaid.
Coroner. [SEAL.]'
[SEAL.] z
Warrant to be issued by the Justice.
Territory of Florida, In the name of the Territory of Florida:
County. To any lawful officer of said county:
WHEREAS, it appears to me from an inquisition held befb-
Coroner in and for said county, that from the evi- War'rant.
dence taken in writing before said coroner, (here recite the In-
quest precisely,) These are therefore, to command you to
forthwith arrest the said C. D. (if there are accessaries in--
elude them in the. warrant,).and bring him before me to be dealt
with according to law. Given under my hand and seal this
day of 184
Justice of the Peace, [SEA L.j
Sec. 2. Be it further enacted, That no proceeding shall be

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dismissed for want of conformity to the foregoing forms, if said
proceeding agrees substantially with the'law hinder which the
same is issued. Approved March 6th, 1845.

NO. XIII.
An ACT to amend an act entitled an act to raise a revenue for the,
Territory, approved November the 22nd, 1829."
SECTION 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the 4th section of the
act above recited, be, and the same is hereby repealed, and hat
Repeal'g clausehereafter, the officers of the Territorial treasury shall, in all
cases of an officer or other debtor of.his Territory, offering to
pay into the Treasury the amount he is indebted or any part
thereof, in Auditors Warrants or Checks, foy just and undispu-
ted claims or demands against the Treasury, the same shall be
Duty of officersreceived, and such debtor credited therewith; any law to' the
contrary notwithstanding: Provided, Nevertheless, That the
provisions of this act shall not be extended to the collection of
any monies made previously to its passage.
Duty of col. Sec. 2. Be it further enacted, That the Collecting officers
sectors. of the several Counties shall hereafter be authorized and require.
ed, upon application, to exchange with any holder of a Terri-
torial Warrant or Warrants, or Territorial Scrip, such' funds
as they may receive for taxesin their respective Counties for
such Warrant or Warrants or Territorial Scrip, at par, and
transmit the same to the Treasurer of the Territory.
Sec. 3. Be it further enacted, That the repeat of said 4th
section shall not affect any suit already instituted, or hereafter
to be instituted for any violation thereof previous to the passage
of this law.
Rejected by the Governor but reconsidered and passed by
the requisite majority, 21st February, 1845.

NO. XIV.
An ACT to amend an act relating to Crimes and Misdemeanors.
SECTION 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That any person convicted
Penalty. of stealing a slave shall suffer death.
Sec. 2. Be it further enacted, That if any person shall aid
or assist a prisoner, committed or detained in jail for any bffence
Penalty for as.against this Territory or against the United States, to make his
listing persons or her escape from jail although no escape be actually made, or
to escape fromif any person shall convey or cause to be delivered to such
Jail. prisoner any disguise, instrument or means, or arms with in-
tent to facilitate the escape of such prisoner, any such person,

(C 43)
although no escape or attempt to escape be made, shall on con.
eviction be punishedby.a fine not exceeding four thousand do]-
lars,.and imprisoned not more than twelve months at the dis-
cretion of the jury.
Sec. 3. B. it further enacted, That if any person shall aid or
assist any prisoner to attempt to escape from the custody of any Do. from custo.
Sheriff, Constable, officer, or other person who shall have they.
lawful charge of such prisoner, every person so offending shall
be fined in a sum not exceeding four thousand dollars and
imprisoned not more than twelve months at the discretion of
the jury.
Sec. 4. Be it further enacted. That ifany Marshal, Deputy.sh oth.
Marshal, Sheriff, Deputy Sheriff, Coroner, Jailor, or other of-er officer refu-
ficer shall.wilfully refuse to receive any offender, charged witheing to receive
or guilty of an indictable offence, or committed as a witness onprisoners.
the part of this Territory, or who having such offender or wit-
ness ii his custody, shall voluntal r permit or suffer him or her
to escape and go at large, every such Marshal, Deputy Mar-
shal, Sheriff, Deputy Sheriff, Coroner, Jailor, or other officer,
or person, so offending, shall on conviction be fined in a sum
not exceeding ten thousand dollars and be imprisoned for not
more than five years at the discretion of the Jury.
Sec. 5. Be it further enacted, That all laws and parts oflawsRepealg clause
militating against the true intent and meaning of this act be,
and the same are hereby repealed: Provided, that nothing here-
in contained shall affect any proceeding instituted under any
suchlaw, or part of law, but they shall be prosecuted in the
same manner and as fully and completely as if this act had not
been passed.
Sec. 6. Be itfurther enacted, That hereafter no person shall Qualifications
be excluded from being a witness, or from giving evidence eith.for witnesses.
er in person or by deposition in any suit or proceeding civil or
criminal, in any court, or before any jury, by reason of having
been convicted of any criminal offence, except the crimes of
murder, perjury, piracy, forgery, larceny, robbery, arson, sod-
omy or buggery, but every such person shall be admitted to be
sworn as a witness, and testimony of his or her general charac-
ter and the record of such conviction, may be given in evidence,
to affect his or her credibility with the jury who shall judge
thereof.
Approved March 10th, 1845.

NO. XV.
An ACT to provide the mode of punishment for certain offencee at Itey
West, in the Southern Judicial District.
SECTION 1. Be it enacted by the Governor and Legislative
Councilof the Territory of Florida, That it shall be lawful for
the jury who may try and convict any person in the city of

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Keyv W ;t, in ilie Southern Judicial District of said Territory,
of the crime of burglary or larceny, or othei crimes, the: pen.
Senai>;-. altv on conviction of which do not extend to the loss of life,
to direct by their verdict, as part of the punishment to be in-
flicted upon any such person, that the person so convicted shall
labor upon the construction or repairing of any public road,
highway, street, jail, court house, or any public works, within
said city, or its vicinity, for any number of days not exceeding
sixty, of the time for which such prisoner shall have been
condemned to imprisonment by said jury, in pursuance of any
criminal laws of said Territory, now in force, or which may' be
enacted for the punishment of said crimes; and the jury so
convicting may, in their discretion, inflict said punishment of
imprisonment and labor in connection with, or in lieu of that of
fine, or whipping, or the pillory, now or hereafter authorized
by law to be inflicted in such cases, as to then shall appear
meet and proper, in view of the offence committed.
reulaiSon.. 2. Be it further enacted, That every person so convicted
and sentenced to labor, shall be employed therein from day to
day, or time to time, in manner aforesaid, under the direction'
and superintendence of the Mayor and City Council of said
city, or their authorized agent or agents, to and for the use and
benefit of said city, under such regulations as said Mayor and
Council shall prescribe; and they shall provide for the safe
keeping of every such person whilst employed as aforesaid,
and for his safe return to prison at the expiration of labor
Provided. That such person shall not be employed as aforesaid
beyond the period for which he shall have been sentenrcedto
imprisonment, and if he shall not be so employed, he shall,
nevertheless, continue in prison, as'if said condemnation and
sentence to labor had not'been passed; andl he may be so em-
ployed either for the whole or fo~'any part of the time appoint-
ed by said sentence, as said Mayor and Council shall determine.
SEC. 3. Be it further enacted, That the provisions of this
Apaiachicola.oct still be extended to criminal offences of like nature as
hereinbefore mentioned, which shall be tried in the city of
Apalachicola, in the Apalaclicola Judicial District of said
Territory, in all intents and purposes, as if said city had been
riamed herein, instead of said city of Key West.
Approved March 10th, 1845.

NO. XVI.
in AC'T lo rrpral th c'Charter of hle rBank of Florida.
P un i., WnInEiS, It is provided in the second section of an act enti-
tled, An Act to mncnd thie Charter of.the Bank of Florida,"
approved Marclh 15lth 1648, that on failure of said Bank at any
tim, to rcdccr its notes in spccie, for thirty days, the Legis,
lative C-"un il ha!l have the privil-ee ofannulling its Charter,

(4,w
and of appointing.Commissioners to sequester its assets, and
wind up:its affairs as speedily as possible : And whereas, it is
further provided in the thirteenth section.of said act, that if the
;,aid Bank shall suspend the payment of specie for the space of
sixty davs at any one time, that its Charter is declared for-
feited : And whereas, the said--Bank of Florida did subse-
quently approve and accept of said amendment of the Charter
of said Bank: And whereas, satisfactory evidence has been
presented to the Legislative Couneil, that on the fourth day of
July, 1844, said Bank had suspended the payment ot specie
for its notes and liabilities, and has since failed to-redeem the
samein'specie, the same being for a longer space-than sixty-
days. Therefore,
SiCTIO' 1. Be it enacted bythe Governor-and Legislative Cou-. Declared for-
cilof the Territoryof Florida, That the Charter granted to thefeited, &c.
Bank- of Florida; is hereby declared forfeited, and that the same
be; and is hereby annulled, and declared void.
SEc. 2. Be itftirther enacted, Thatit be the-duty of the- Uni-
ted'States Attorney for the Middle District of Florida, to move Duty of Dist.
the Judgeof- the Superior Court of said District, to appointAttomey.
Trustees to take charge of all books, papers, moneys, and ef-
fects; in' the possession, power or control:of said Bank.
Stc. 3. Be it further enacted, That' it be the duty of the Trustees.
said Judge of the said District, to appoint said Trustees; and to-
instruct the-same to proceed to wind up the affairs of said Bank
with as little delay as practicable.
SEe. 4. Be it further enacted; That said Trustees shall have
fill power-to wind up the affairs-of said Bank, and that no debt Powerof trus-
or liability, of whatever character, due to said Bank, shall, bytees.
reason of the forfeiture of:said Charter, be discharged, but that
the said Tiustees shall have full power to sue for, and recover
the same; in thre-name of'said Bank ; and no debt or liability of
said Bank shall, by reasorrof' the forfeiture of said Charter, be-
released, butt the same may be sued for and recovered of said
Balik, by suit instituted according to law, by process served on
any one of said Trustees, and said Trustees shall be liable fot-
the same, to the extent of the assets of said Bank which may
come into-their hands, after deducting.therefiom the reason.
ble charges for winding up said Bank, to be allowed by said(
Judge of the Middle District.
SEc. 5. Be it further enacted, That it may be competent for Judge mayre-
said Judge of the Middle District, port motion made, and fbrmove.trustees.
good cause shown, at any time, to remove any or all of said-
Trustees, and appoint others in- thp stead of those so removed.
SEC. 6. Be itfurther enacted, That the said Judge of the Mid-
dle District shall require of said Trustees a penal bond, to be
executed to the Governor of Florida and his successors, in
such, amoumnas: he might, direct, conditioned for the faithful
discharge of all the duties imposed upon thea by this act,
whie, bov d 9Hll be fired# i the Superior Court of said Di rict,
aind any peson of persons, or body corporate, may sue upon

(46)
Boi d. the same, in the name.of the said Governor, and.recoei such
damages as he or4 hey may.have sustained, in consequence of.
theneglect or malfeasance of said Trustees.
Approved Marchl10th,,1845.

NO. XVII.
An ACT declaring Hillsborough River a navigable Stream, ald for other
purposes.
SECTION 1. Be it enacted by the Governor and Lpgislative
Council of'the.Territory of Florida, That the.Hillsborougi Ri.
Declared navi.ver, from the Falls of said River to its entrance into Tampa.
gable Bay, shall be considered and is hereby declared to be a navi-
gable River and Public High way; and it any person or per-
sons, without lawful authority, shall, by any.means whatever,
delay, hinder, impede, obstruct, disturb, or molest, apy citizen
of Florida,,in the free use or navigation of said river, or shall
aid, abet, assist, advise, counsel, direct, or command, any per-
son or persons, in any such act or attempt, each and everysuch
person or persons so offending, shall be liable and subject toan
indictment for a misdemeanor, and on conviction shall be sen-
tenced to pay a fine to the Territory of not less than fifty dol-
lars, to be assessed by the jury, with also all the costs of pros.
caution, and to stand committed and imprisoned till the same
be fully paid.
SEc. 2. Be itfurther enacted, That it shall be the duty of the
Judge of the County Court of Hillshorough County, and also of
the Justices of the Peace of said County, to enforce this act,
Duty of offcersand for this purpose said Judge, or any of said Justices of the
Peace, shall, on complaint made on oath, issue his warrant for
the arrest of the offender or. offenders, which the Marshal of the
Eastern District, or Sheriff of said County, or their deputies,
or any constable of said County, shall forthwith execute, and
such offender or offenders shall be bound in recognizance to be
and appear before the next Superior Court, having jurisdiction
over said County, in the sum of five hundred dollars each,
with also two good securities, to answer for said offence, and on
failure so to do, such offender or offenders shall be committed.
to jail for safe keeping.
S e SEc. 3. Be it further enacted, That the Judge of the Superior
'Ta! hre Court having jurisdiction of the County of Hillsborough, shall
give this act in special charge to the Grand Jury, at each and
every term of such Court. Approved March lith, 1845.

NO. XVIII.
An ACT to provide for the erection of a public Jail and premises in the
county of Monroe.
SECTION 1. Be it enacted by the Governor and Legislative
Counrci of the Territory of Florida, That the taxes arising from

'Auetion sales in the county ofMonroe, and-the proceeds of all
fines and penalties imposed by law'in said Counry' now paya-
:ble by law intothetreasury of said Territory, shallbe and the a.dapropr
-same are- hereby appropriated and applied, for and during the
periodoftwo-years next after the first day of April. in-the present
year, to-the putchaseof a suitable site, or building lot, in the
city ofKey West, upon which to erect a public jail for said
county and for the building of such Jail, provided thatsaid ap.
propiation shall not exceed' the surnof two thousand :Dollars,
and that the-excess of said taxes fines &c., over-said' sum shall
Sbe^paid into said territoriall Tr'easury.
Sec, 2.: Be it further enacted, That'the .Auctioneers in -.said
county, shallpay the auction taxes, fibes, &c.,; hereby appro-Duty of Auc'rs
priated to-the Treasurer-of said county, and take his receipts
from time to time as the same shall be paid as vouchers for
such payments, which receipts shall be received by the Auditor
and Treasurer of this Territory in settlement of their accounts;
provided that said Auctioneers shall continue to make their
returns to said Treasureras if this Act had not been passed.
Sec. 3. Be itfurther enacted, That the Judge of the county
Court, of said county, and.the District Attorney of the SouthernDutv of Judge
Judicial District of said Territory be,, and they are herebyaand Dist. Attr
authorized and empowered to locate and purchase said site or
building lot, and contract for and superintend the building of
said Jail upon such plan as they..shall adopt, and that the
Treasurer of said County pay said auction taxes fines &c., re-
ceived by him as aforesaid, on their drafts or warrants given
from time to time for the payment of the same for the purposes
of purchasing said site and-building said public Jail as herein
provided.
Sec. 4. Be itfurther enacted, That the said Judge and Dis-
trict Attorney, after they shall have' contracted to build sai Judge j Att
'Jaili shallbe authorized and empowered to sell at public auc-
tion Lot number'two in square number sixty four in-said city,
being the lot upon which the old Jail is now situated, and ap-
ply the proceeds to the building of said new Jail, and moreover
to sell tbesaid old-Jail building for the same purpose, or use
the materials thereof in the construction of theJail hereby con-
templated.
SSee. 5. Be itfurther enacted; That theC'ounty Court of .said
county be and the same is hereby authorized and empowered, county court
to levy a county' tax, upon the taxable inhabitants of said coun-to levy tax.
Sty not exceeding one thousand dollars, to be appropriated and
applied tothe building of saidJail, in like manner as aforesaid.
'(Rejected by the Governor, re-considered and passed by the
requisite majority, 3d March' 1845.)

NO; XIX.
An ACT to amend an act entitled Anr act to organize the' Monroe
County School.
SECTION 1. Be it enacted by the Governor and Legislative Coun.

(48)

eil of the Territory of Florida, That all freeVhitei~elei'ahab-
S itants of the county of lMonroe, being :freehold'rs ihtterin or
Trustee- iowt
tor u ei., heads of families having a child or children to dt uat-therein,
may assemble annually at the Court House, in Key :'West, on
tie first Monday in April and elect three Trustees, itWho shall
hold their office for'the term ofone'ear3;and'iri caseof failure
to elect such Trustees on that day, those in, ffice,,shil;Phold o-
ver, until the next annual meeting, and so-on from yea'rto year
until the trustees, shall be'elected.
SEc. 2. Be it further enacted, That so minchof th&first'-eec-
tion of an act approved 14th March, 1844,entitled, An Aot to
icpea'g claseorganize the Monroe County .school as conflicts with: the* fore.
goiag section be, and'the same is hereby repealed.
Approved February 27th, 1845.

NO. XX.
An ACT to alter and fix the-time ofholding the SpringTerm of the Su-
perior Court for Wakulla County.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the spring term of the
Superior Court for'Wakulla County, shall hereafter be held on
the fourth Monday in'March, in each and every year, in lieu
of the third Monday in May.
Approved March 6th 1845.

NO. XXI.
An ACT to fix permanently the county seat of Wakulla county.
SECTION 1. WHEREAS a portionof the inhabitants of Wakulla
county- are dissatisfied with the present location of the ;county
seat at Newport, believing that it .should be at or Dear the cen.
tre of the County, Therefore,
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That an election be held on the-first Mon-
Com'rs to be e-day in May next under the direction of the Judge of the County
Court ot Wakulla county as prescribed by law in other cases
for the election of five commissioners, whose duty it shall be
forthwith to select the most-eligible situation for a county seat
as near the centre of the County as practicable and to report
the said location with a fulldescription of the same to the .Judge
or Clerk of the county Court within twenty days after it shall
be made and the concurrence of a majority of said .commis-
sioners shall be required for the action of said board and said
electors shall endorse on the ticketof said commissioners, the
point or place they wish the said county site located which
shall govern the said commissioners so elected in selecting the
place for said county site.

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Stc. 2. Be it furtherenacted, That upon the reception of the
aforementioned Report. it shall be the duty of the Judge or clerk Election.
(as the case may be) forthwith to order an election, giving ten
days notice of the same, to be held at the usual precincts of
the county, and upon the same principle as elections for coun-
ty officers, the ballots to be for the location made by the
commissioners aforesaid and the present county seat, New-
port; and the Inspectors of said election shall make due
returns of the same to the clerks office of the county.
SEc. 3. Be it further enacted, That upon a full canvass of
the returns as aforesaid, as at present required by law for the On aernvas
canvass of elections of county officers, the Clerk shall issue'Q "turm&
notice setting forth the place having the majority of votes and
the place having such majority shall be the permanent seat of
Justice for the county and the Judge of the Superior and coun.
ty Courts shall be required to hold their respective Courts at
such place, so soon as suitable buildings may be provided, in
the in term, the Courts to be held at Newport.
SEC. 4. Be it further enacted, That this act shall be in force
from and after its passage and approval.
Approved March 11th, 1845.

NO. XXII.
An ACT to change the time of holding the Superior Court for thd counn.
ties of St. Johns, Mosquito, and St. Lucie, in the Eastern District of Florida.
SKcTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the terms of the Superiorssionofgourt
Court to be held at St. Augustine for the Counties ofSt. Johnsto beheld.
Mosquito, and St. Lucie, as now consolidated, or for any of
said counties as they may hereafter stand separated or console.
idated, shall hereafter be held on the first Monday in June, and
second Monday in November, in each year.
Sec. 2. Beiltfurther enacted, That all process Legally issued
from the Clerk's office of the superior Court for said Counties,Rsturnsasval'd
and made returnable at the March term of 1845, shall be as
valid as if made returnable to the June term, in this act estab.
lished.
Sec. 3. Be itfurther enacted, That all lawsand parts oflaws, Re cilace
conflicting with the foregoing sections, be and the same are here.rpe
by repealed.
Approved February 27th, 1845.

An ACT to change the time of holding the Superior Cointhia.the- Eaa.
tern District of Florida.
SCTIOn 1. Be it enacted by the Governor and Legiukaitvs Cauor
7

cil ofth Territory of Florida, Thatrt the tkrw6f the Supelor
... o Court of the Eastern District of Florida shall hereafter be held
messioocousat the following named places and times, to wit In St. Johns
County at the City of St. Augustine on the second Mondays in
June etnd October.
In Duval County, at Jacksonville, on the (burth Mondays in
May and November. In Nassau county, at Nassau court
House on the thirJ Monday in May and Wednesday after the
third Monday in November.
In Columbia county, at Alligalor, on the second Monday in
M-ay and fourth Monday in December.
In Alachua County, at Newnansville, on the first Monday in
May and third Monday in December.
In Marion Codnty at Marion County Cou t House on the fourth
Monday in April, and Tuesday after the second Mlonday in De-
cember. I Benton County, at the County site on the third
Monday in April.
In Hillsborough County at Tampa on Wednesday after the
second Monday in April.
Repeal'g clause Soc. 2. Be it further enacted, That all laws and parts of laws
conflctingr with the forgoing section be and the same are here-
by repealed: Provided however that process regularly issued
returnable to any of the terms of said Courts, and which said
terms are altered by this act, shall not in any manner be affect.
Proviso. ed, but the same shall beas validas though this act had not been
passed and the terms of said Court had not been changed.
Approved March 10th,, 145.

NO. XXIV.
An ACT to amend an at relative to Roads and Highways in Nassau Coun
ty approved 14th March 1844.
SECTION 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That no person in said
County, shall be required to work more than six days upon
the Public roads in said county during the year, and any per-
son may commute his labor by the Payment ofthree dollars to
the Commissioners of his District, and each payment shall ex.
empt him from work for one year.
Approved March 6th, 1845.

NO. XXV.
An ACT in relation to roads and Hirhwavs in Duval and Alachua
Counties.
SECTION 1. Be it enacted by the Governor and Legiative
Councilof the Territory of Florida, That from and after the
passage of this act, the inhabitants ofDuval andAlach aCotun.

tles, ,who by law are made liable to road labor, shall in no case Shall not be
he required to perform said labor out of their respective roadrequired to per.
districts. form road duty
Sec. 2. Be it further enacted, That every person other than M:veammute
a commissioner or Overseer of any road district may commutelabo:.
the whole, or any part of his road labor, by paying to the over-
seerof his division within three days after he shall have been
summoned to appear and work on the road, at the rate of fifty
cents for each days labor he may be liable for.
Sec. 3. Beit further enacted, That all forfeitures incurred
by the delinquency of any person subject to road duty, and all Money col'ec.
commutation money collected, shall be laid out and expendedtd how expen-
in hiring hands to work on the roads in the district in which such
delinquents may live, or such commutation money, be collect.
ed, or in otherwise repairing and improving the same, under
the direction of the Commissioners of said district.
Sec. 4. Be it.further enacted, That if any person liable to Penalties and
work upon roads, shall fail to perform such labor, or neglect toforfeiturcs.
pay the commutation money within three da3s as above speci.
fied, he shall be liable to the penalties, and forfeitures provided
by the law in force at the passage of this act.
Sec. 5. Be it further enacted, That the Overseers of the Over3ecrs to
several divisions of the districts shall account to the commis.accounttocom.
sioners of said districts for all monies by them received undermissioaers,
the provisions of this act, at the first molting of said commis.
sioners after the Money shall have been received by them.
Sec. 6. Be it further enacted, That whenever any person
or persons liable to road duty are summoned to meet at any spec. Whe n r-
ified time and place, for the purpose of working the road-. and"g
they do not find an overseer in person or by substitute, to super.
intendsuch work, that after waiting for him a reasonable
time, they may be considered as discharged from any further
duty for the time specified in said summons, and return to their
homes.
Sec. 7. Be itfurther enacted, That whenever any overseer
shall fail or neglect to attend in person or by substitute, at the
time and place specified for the assembling of the men for road O.erseer.
duty, he shall forfeit and pay to the commissioners of his dis.
trict fifty cents per day, for each and every days labor lost to
said district in consequence of such non-attendance, which
money shall be expended as provided in section third of this act.
See. 8. Be itlfrter enacted, That nothing herein shall be Not to exempt
construed to exempt any commissioner, overseer, or other par-CJmmissioners,
son liable to road duty from any penalty or forfeiture piovidedOerseers, ec.
by the road laws now in force inthisTerritory, for malpractice
in office or neglect of duty.
See. 9. Be it further enacted, That all penalties, and tor-
feitures ainerred under the road laws, may be recovered be- Penalties &e.,
fore any Justice of the peace in said Counties in the name ofhow recoyv'd.
the commissioners for the district in which the cause: of said
penalty or forfeiture shall arise.

SEc. 10. Be it further enacted, That so much ofthe law now
in force in this Territory, in relation to roads and highways as
Repeal goaueconflicts with this act, shall hereafter be inoperative within the
limits of Duval and Alachua Counties.
Approved March 10th, 1845.

NO. XXVI.
An ACT to provide for the transfer of Recotds of the Superior Court from
AlachuaCounty to Benton County, and for other purposes.
SECTION 1. Be it enacted by the governorr and Legislative
Council of the Territory of Florida, That a term of the Supe-
Term of courtrior Court of the Eastern District, shall be held at the County
to be held insite in Benton County, and that hereafter all suits and actions
Benton county.arising within the County, against persons residing therein,
and all indictments for offences committed within the County
aforesaid, shall be brought, commenced, prosecuted and tried,
at the term of the Court to be held at the county site of Benton
county.
Sec. 2. Be it further enacted, That as soon as the Court is
organized in Benton county, and notice thereof given by the
Judge of the District, it shall be the duty of the clerks
Butyofclerksof said courts in the counties of Alachua and Marion, to
transfer and deliver to the clerk of the said court for the county
of Benton, all papers and documents connected with any suit
or suits, or action, now pending in said court against any per-
son or persons residing in the county of Benton, and such'suits
or actions shall then be considered as transferred to the Supe-
rior court, to be held in and for these counties, and shall stand
for trial on the docket of the court to be held at the county site
in the county of Benton, after the said court is duly organized
and established.
Approved March 10th, 1845.

NO. XXVII.
An ACT to authorizethe County of Santa Rosa to raise a County Revenue.
SECTION 1. Be it enacted by the Governor and Legislative
Council ot the Territory of Florida, That for the purpose often,
May levy tau.ahling the inhabitants of the county of Santa Rosa to build a
jail in and for said county, the presiding Judge of the county
be, and lie is hereby specially authorized, to call an extra term
of his court, and a majority of all the Justices of the Peace, for
and in said County, being present and assenting thereto, to le-
vy a tax on all taxable property within said county.
SEc. 2. Be itfurther enacted, That for the purpose of carry-
ing into effect the assessment and collection of the tax author-

(53)
ized to be levied by the foregoing section of this act, the sheriff
of said county shall be assessor and collector of the same, who Sheriff id
shall in addition to his official bond, enter into bonl with poodcoer'un
and sufficient sureties, in such sum as the said court may di-
rect, payable to'he said Judge of the county court, for the use
of said county, to be approved by the Judge of the county court;
and the tax when collected, shall he by him deposited in the
county treasury, to be appropriated to the erection of a jail.
Sec. 3. Be it further enacted, That in addition to the tax OSourcesof Rv.
authorized to be raised for the purpose afcresaid, said county
shall hereafter have all the means and sources of revenue
within said county, which may have been had, hell, possessed
or enjoyed by the Territory, which shall be paid over to said
county, and may be discharged and sa;isfidd, by payment to
the same, or its properly constituted officer: Provided, That
the sum so to be raised, shall not exceed six hundred dollars.
Sec. 4. Be it further enacted, That this act shall be in force
from and after its approval, and all laws conflicting with the
provisions of this act be, and the same are hereby repealed.
Approved March 10th, 1845.

NO. XXVIII.
An ACT to provide-for holding the County and Superior Courts in and for
Caihoun County.
SECTION 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the Superior and
County Courts in and bfr Calhoun county, shall e held at lola,
until a court house shall be erected at the county site of said
county, and the judges of said courts are hereby required to
hold their respective courts at said place, at the time prescrib.
ed by law.
Sec. 2. Be it further enacted, That this act shall be in force
from and after its passage.
Approved March 7th, 1845.

NO. XXIX.
An ACT to annex a part of Jackson county to.alhoun county.
SECTION 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That so much of Jackson
County as is contained within the following limits, to wit: be.
ginning on the Apalachicola river at the North side o the town
of Ocheesee, thence along the South side of the federal road to
Watson's Ferry on the Chipola river, thence running due West
to Washington county line thence south along said line to the
line ofCalhoun county, and along the said line East to the A pa.
lachicola river and along said river to the beginning, shall, from

(4)
and after the paspge ofthisste, form and constitute a part of
Calho e county and the inhabitants thereot shall enjoy all the
rights pod privileges ofthe other inhabitants of said opunty,
and&Jeujaut Itpall the J.s governing said county.
Approved Marth 104h, 1845.

NO. XXX.
An ACT to organize a County to be catled Levy County.
SECTION 1. Be it enacted by the Governor and Legislative
Council of the Terrtory of Florida, That the District of country
Boundary. bounded as follows, to wit : beginning at the mouth of the big
Withlacoochee river, and running in an eastwardly direction
up the northern bank of said river to the point where the Ma-
rion county line commences, thence rorlh along said Marion
county line until it intersects the road leading from Wacahobta
to Fort Fanning, thence West along said road to Fort Fanning,
so as to include all-the settlement at Fort Fanning, thence
south down the eastern bank of the Suwannee river to its mouth,
thence along the Gulf, including all the Islands and Keys
from the mouth of the Suwanneeto the mouth of the big With-
lacoochee, the point of beginning, shall constitute a county to
be called Levy county.
SEc. 2. Be it further enacted, That for the protection and ad.
Governor to'ministration of justice in the county established by this act, 'he
appointofficers.Governor of this Territory be, and he is hereby empowered, to
appoint such officers as he is, or may hereafter be authorized
to appoint, in the different counties in this Territory.
Sec. 3. Be itfurther enacted, That the legal voters of said
People toelect county be, and are hereby authorized 10 elect such officers,
civil and military, as are authorized by law in the several
counties of this Territory, and the officers so elected shall hold
their respective offices for the same period, exercise the same
powers, incur the same penalties, and be entitled to the same
compensation and emoluments, as are or may hereafter be pso-
vided for the officers of the same grade within the several
counties of this Territory.
Sec. 4. Be itfurtier enacted, That the time for holding the
Time for hold.frst election for officers, authorized to be elected by the third
Selectionsection of this act, shall be designated by the Judge of the
County Court of sid.county, but that the election for said of-
ficers afterwards shall be held as provided for by law. That
the returns from the several precincts of said county for the
said first election ofsaid county officers, shall be made to the
Judge of said County Court, ard by said Judge transmitted to
the Governor of the e Trritory, but the returns for the election of
said officers after said first election, shall be made as directed
by law.
Sec. 5. Be it father enacted, That the Judge ofthe County

(56)
Eotlt to becppointed by virtue of thidact, shall hold tWotersn Conrts.
of his court, beginning on the first Monday in March and on the
first Mandav of October in each and every year; which court
shall be held at the place known as Daniel's place, until al
permanent county site be selected. and established.
Seo. 6. Be it further enacted, That the voters in said coun. County sito.
ty, who are by law qualified to vote for membersof the Legis.
la-tive Council, shall, at the time ol the election, held for the
election of the different county officers, authorized by the third
section of this act, elect four Comrnissoners, from the extreme
four corners of the said county, or as near as practicable, whose
duty it shall be to proceed to select and locate a permanent
county site on some unoccupied spot of land, as near as prac-
ticable to the centre of said county.
Sec. 7. Be itfurther enacted, That in case the four Commis. Add l
sioners elected in the manner prescribed in the foregoing sec.,comissioners,
tion of this act, should fail to agree upon the location of a per-how chosen,
manent county site, they, the said Commissioners, shall have
full powertochoose a fifth person as an additional Commission-
er, and the decision of a majority of aid Commissioners shall
be declared final.
Sec. 8. Be it further enacted, That all suits or actions of t pending,
whatever kind, pending in the-County Court of Alachua coun &e., one elec-
ty, againstany person or persons residing within the limits oftion District.
Levy county, together with all papers and documents of what.
ever kind, connected' with such suit or suits, action or actions,
shall, within thirty days after notice from the clerk of the
County Court of said county, be delivered to ihem respectively,
and the said suits, actions, prosecutions, or causes, shall stand
upon the dockets of said Levy county, but no portion of this act
is to be so construed as to transfer any suit or action as may be
hereaftercommenced in the County Courts of Alachua, against
any person or persons residing within the boundaries of Levy
county, until such County court be-duly organized and estab.
lished.
Sec. 9. Be itfurther enacted; That the counties of Alachua Election dis.
and Levy shall form one election District for member to thetrict.
House of Representatives of the Legislative Council, and shall
be entitled to one member, and until otherwise provided by law
the election for said member shall be ordered by the clerk of
Alachua county, who shall designate the precincts, appoint in.
sectors, &c., and to whom all returnsof said election shall be
made.
See. 10, Be itfurther enacted, That the Superior Court for
the Eastern District of Florida, now directed by law to be held Courts.
at Newnansville, shall be held for the counties of Alachua
and Levy, until otherwise provided by law, or ordered, and
all suits to be brought or commenced in the Superior Court.
against persons, residing in either of trose counties, may be.
brought in tha said Court,.held at the place aforesaid, and all
process in such suits-shall be made returnable-at the terms of

(56)
the said Court, to be held at Newnansville aforesaid:' Pro-
vided also, that no indictment or process, issuing from said
Court, and triable or returnable at the now next term thereof
shall be affected foi want of omission to insert therein "Levy
County," or Levy," or "County of Levy."
I Sec. 11. Be it further enacted, That all laws and parts of
Repeal'g clauselaws, 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 March 10th, 1845.

NO. XXXI.
An ACT to to alter and change the namn of Mosquito county to that of
Orange.
SEcTIoN 1. Be it enacted by the Governor and Legislative
Chang. Councilof the Territory of Florida, That from and after the
passage of this act, the name of Mosquito county, in this Terri.
story, be changed, and that said county from henceforth be cal-
led and designated, as Orange county.
Sec. 2. Be itfvurherenacted. That all officers heretofore e.
Officers. elected or appointed, for said county of Mosquito, and all records
pleadings, commissions, and other documents, heretofore, des-
ignating said county by the name of Mosquito county, be held
as appertaining to said county of Orange, the same as if the
name of said county had not been changed.
Sec. 3. Be itfurther enacted, That all laws and parts of
Repelg clauselaws so far as they conflict with this act, be and the same are
hereby repealed.
Approved January 30th, 1845.

NO. XXXII.
An ACT to legalize the elections of Mosquito now Orange county.
SECTIo' 1. Be it enacted by the Governor and Legislative
Council ofthe Territory of Florida, That an election held in said
county of Mosquito now Orange County, in the month of Au-
S uvt in the year 1844. to fill a vacancy in the office of Clerk
red cga, c. of the county Court of said county, be and the same is hereby
deemed and declared tobe legal and valid; and the acts and
proceedings which have been had and done by Theodore Hins.
dale, then and there elected Clerk in the capacity of Clerk sub.
sequent to said election, shall have the same power; effect,
and validity, as if the said election had taken place and been
held and conducted, in conformity with the provisions of the
law providing for the election of Clerk of said County.
Sec. 2. Be it further enacted, That the general election law

57)
of March 15th 1848, be and the same is hereby amended byRepeal'g clause
striking out the words the surrogate" of the county, in the-
4th Section, of the 10th article, of said law, and inserting
in lieu thereof the words the Judges of the county Courts."
Approved February 27th 1845.

NO. XXXII.
A n ACT to authorize the Clerk of Orange county Court to keep his office
at his place of reside nce and for other purposes.
SECTION 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the clerks of Orange
and Marien County Courts, shall respectively be authorized to
keep their offices at their respective places of residence, until
good and sufficient offices shall be provided by said counties, for
the preservation and security of the records thereof, Provided,
That the clerks as aforesaid, shall, at each session of the coun-
ty Court for said counties respectively, have and produce the
records of said counties, at such place as by law the Courts
thereof are directed to be held.
Approved February 13th, 1845.

NO. XXXIV.
An ACT to legalize certain elections held in St. Lucie county.
WHEREAS by the fourth Section of the act of the Legislative
Council, entitled, An Act to organize a County to be called
St. Lucie county, Approved, 4th March, 1844" it was directed Preamble.
that the time for holding elections for county officers should be,
on the first Monday of May thereafter: And whereas, on ac.
count of unavoidable difficulties, the said elections were not
held on that day, but by the order of the Judge of the county
Court of said county, the said elections were held on the first
day of August thereafter, and county officers, to wit: a Clerk,
Sheriff, Surveyor, Coroner and Commissioners, were elected:
Therefore,
SECTION 1. Be it enacted by the Governor and Legislative Elections d.
Councilof the Territory of Florida, That the elections held incliard valid.
St. Lucie county, on the first day of August, A. D. 1844, for
Clerk, Sheriff, Surveyor, Coroner, and county Commissioners
of said county, be, and the same are hereby declared good
and valid, and as legal, as if the said elections had been held
on the day specified by law.
Sec. 2. Be it further enacted, That as soon as this act shall Gov. to issue
have become a law, His Excellency the Governor, be res-commissions.
pectfally requested to issue commissions, for such persons as
the returns of said elections now in the office of the Secretary
S

(58)
ofthe Territory shew, received a majority of the votes given
at said elections.
Approved February 5th, 1845.

NO. XXXV.
An ACT to amend an act entitled an act to organize a County to be
called St. Lucie County, approved 14th March, 1844.
SECTION 1. Be it enacted by the Governor and Legilative
Council of the Territory of Florida, That the northern boun.
dary line of said county shall commence on the Atlantic coast,
Boundary. near Cape Canaveral, and at the terminus of the lower south.
ern parallel line run by Col. Washington ; thence along the
said line due west, until it strikes the Hillsborough county
line; thence southwardly leaving Lake Istokapagee to the
eastward; thence to the western shores of Lake Okeechobee;
thence running a line eastwardly to Hillsborough inlet, on the
Atlantic; thence northward along said Atlantic coast to the
point of beginning, including all lands, lakes, rivers and is.
lands, which said line may enclose, shall constitute a county
to be called St. Lucie county.
SEC. 2. Be it further enacted, That the first section of said
Repealg clauseact, approved 14th March, 1844, organizing said county of
St. Lucie, be, and the same is hereby repealed.
Approved February 27th, 1845.

NO. XXXVI.
An ACT constituting a Board of Wardens and Commissioners of Pilot-
age for Indian River and Jupiter Bars.
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 Governor, by the consent of the Legis-
Gov. to appointlative Council of this Territory, be, and he is hereby authorized
PortWardens. to appoint three discreet and proper persons, to act as Port
Wardens, for the harbors at the mouth of Indian river and Ju-
piter river.
SEC. 2. Be it further enacted, That the Port Wardens so ap.
To hold ofice,poin'ed, shall hold their office foc the period of two years, but
vacancies, &c.in case of vacancy by death, resignation, or otherwise, of any
memberof said board of Port Wardens so appointed, the board
shall be, and they are hereby authorized, at all times, to fill
such vacancy or vacancies, by the appointment of such other
proper person or persons, as may be advisable and necessary,
subject to the approval ofthe Governor.
SFC. 3. Be it further enacted, That the said board shall, at
Master warden.their first session, appoint one of their own members to be Mas-
ter Warden of the two said harbors, whose duty it shall be to

see that the bye.laws and regulations of the said board, not
conflicting with the laws of the United States nor of the Terri.
tory of Florida, are carried into effect, and for that purpose he
is hereby made and constituted, ex-officio, a Justice of the
Peace.
SEC. 4. Be it further enacted, That the said Wardens, be- Totake oath.
fore entering on the duties of their office, shall severally make
oath in writing, before the Clerk of the County, to discharge
their duties as Port Wardens faithfully, diligently and impar-
tially, without fear, favor, or affection, to the best of their skill
and ability.
SEC. 5. Be it further enacted, That the said board withinShall constitute
the limits of their respective ports, shall constitute a board ofa boardof com.
Commissioners of Pilotage, and shall appoint and license suchmissioners of pi.
other persons as may be deemed most fit and proper, to act aslotage.
pilots for Indian river bar and for Jupiter bar, and for the har-
bors aforesaid respectively-which persons so licensed, shall
hold their branches during good behavior; and the said Board
of Commissioners shall require from said pilots such bond and
security, for the faithful performance of the duty required of
him or them, as the said Board of Commissioners shall deem
proper, which bond shall be made payable to the Governor of
the Territory and his successors in office; and the pilots so ap-
pointed shall moreover, take and subscribe an oath or affirma-
tion, well and truly to execute and discharge all the duties
which may be required of him or them as pilots ; and the said
Commissioners of Pilotage shall have power to establish rates,
and define rules and regulations for the government of the pi-
lots, which rates, rules and regulations, shall be officially pro-
mulgated, by publishing in any newspaper at Key West and
St. Augustine.
SEC. 6. Be it further enacted, That all fees and rates of pi.Rates &c.,how
lotage, which may become due, are hereby made recoverablerecverable.
before the Master Warden of said ports or harbors, or before
any Justice of the Peace in this Territory.
SEC. 7. Be it further enacted, That the Board of Wardens
and Commissioners of Pilotage, created under the provisions OfReord of pro.
this act, shall keep a record of their proceedings, which recordceedings.
shall be transferred to their successors in office, from time to
time.
SEC. 8. Be it further enacted, That all acts and parts ofactsRepeal'g clause
giving power to the County Court within which the said ports
or harbors are situated, to regulate pilotage, be, and the same
are hereby repealed. Approved February 13th, 1845.

NO. XXXVH.
An ACT to establish the County site of Hillsborough County.
SOTIroN 1. Be it enacted by the Governor and Legilatt-,e

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Council of the Territory of Florida, That from and after the
County site passage of this act, the County site of Hillsborough county
shall be, and the same is hereby established, on the east bank
of he Hillsborough river, in said county, at a place usually
called and known as the village of Tampa, one.half mile more
or less from the mouth of said river.
Name. SEC. 2, Be it further enacted, That said county site shall
hereafter be called and known by the name of Tampa.
SEC. 3. Be itfurther enacted, That it shall be, and is hereby
Duty of countymade the duty of the County Court of said county, sitting for
court. county' purposes, on the first Monday in April next, or so soon
thereafter as practicable, to select and appoint five discreet
persons to act as Commissioners, whose duty it shall be to su.
perintend the erecting of a Court House and other Public
buildings.
Repeal'g clause SEC. 4. Be itfurther enacted, That all laws or parts of laws,
conflicting with the provisions of this act, be, and the same are
hereby repealed. Approved February 27th, 1845.

NO. XXXVIII.
An ACT to amend an act entitled, an act to establish a Board of Port
Wardens and Commissioners of Wrecks for the Port of Apalachicola.
SEcTION 1. Be it enacted by the Governor and Legislative
Council af the Territory of Florida, That from and after the
passage of this act, the Governor be, and he is hereby author.
Gov.. appoitized, by and with the consent of the Legislative Council, to ap-
Gov. to appoint
Port Wardens. point seven discreet and proper persons, residents of Franklin
county, to act as Port Wardens for the city of Apalachicola,
who shall have power to do all acts and things generally done
and performed by Port Wardens of commercial cities.
SEC. 2. Be it further enacted, That the Board of Port War.
To hold office,dens, so appointed, shall hold their office for two years; but in
vacancy, &c. case of vacancy by resignation, death, or otherwise, of any
member of said board so appointed, the board shall be autho-
rized to fill such vacancy pro tern. by the appointment of such
other proper person or persons as they may select, until an ap-
pointment is made by the Governor.
Repeal'g clause SEC. 3. Be it further enacted, That the first and second sec-
tions of the act approved 14th February, 1840, entitled "an
act to establish a Board of Port Wardens and Commissioners of
Wrecks," &c., be, and the same is hereby repealed.
Approved March 7th, 1845.

NO. XXXIX.
An ACT to establish a Board of Commissioners of Pilotage for the harbors
and waters of Apalachicola Bay.
SeTnoN 1. Be it enacted by the Governor and Legislative

( 61 )
Council of thA Territory of Florida, That from and after the
passage ofthis act, the Governer he, and he is hereby autho-. ^ tappint
rized to appoint, by and with the consent of the Legislative contisionar
Council, five discreet and proper persons, citizens of the county.-t~ hoffloe,
of Franklin, who shall constitute a Board of Commissioners of&a.
Pilotage, and the persons so commissioned, shall hold their of.
fices for the term of two years; but in case of vacancy by
death, resignation, or otherwise, the board shall have power to
fill such vacancy, by the appointment of such other person as
they may deem proper, until such time as an appointment is
made by the Governor. The said board keeping a record of
all proceedings, and transmitting the same to their successors.
Sac. 2. Be it farther' enacted, That the said Board of Com-
missioners shall have power to appoint and license such per-
sons as may be deemed most fit and proper, to act as pilots in
the said bay and harbors of Apalachicola, which persons so li-
censed shall hold their office during good behavior; and the
said board shall require from the said pilots a good and suffi-
cient bond and security, for the faithful performance ot the du-
ties required of them, which bond shall be made payable to the
Governor and his successors in office; and the pilots so ap-
pointed shall take and subscribe to an oath or affirmation, well
and truly to perform the duties required of them.
SEc. 3. Be it further enacted, That the said Commissioners Commiione
are hereby authorized to establish the rates and fees of pilotage, to establish
and make such rules and regulations respecting the stations,rates and fees.
duties, and government of the pilots, as to them may seem best
for the navigation of said harbor, which rules and regulations
shall be promulgated officially by publishing in a newspaper
printed in the city of Apalachicola.
SEC. 4. Be it farther enacted, That the Board of Commis-.ower of eom-
sioners created as aforesaid, shall have full power to revokemissionerstore'
the license of any pilot for incompetency, improper conduct, oroke lcense.
any other cause, which they may deem Just and reasonable,
for the interest of commerce and navigation; and also to im-
pose and collect reasonable fines and penalties, for a violation
of the rules and regulations established by said board.
SEC. 5. Be it further enacted, That all fees and rates of pi-Fees, &c., how
lotage which may hereafter become due, are hereby made re-recoverable.
coverable before the said board, Judge of the County Court, or
any Justice of the Peace of the County, having competent ju-
risdiction ; and the said Commissioners shall also have power
to settle all matters of dispute, disagreement, or demand, be-
tween masters of vessels and the pilots, under the provisions of
this act; and for that purpose may issue writs, enter judgment,
issue execution and attachment, according to the rules and
principles of law, and every process under the provisions of
this section authorized, shall be valid, if signed by two cf the
Commissioners.
SEC. 6. Be it further enacted, That from and after the ap-
pointment and licensing of the pilots by the said Board of Com-

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missioners, if any person or persons act as pilots in the bay mnd
Persons actin harbors of Apalachicola, without a license from said Board, he
as pilots with'or they so acting, shall be fined in the sum of twenty dollars
out license-for each and every offence, recoverable before any Judge of the
how punished. County Court or Justice of the Peace having competent juris.
diction, and the same shall be paid into the County Treasury.
SEc. 7. Be it further enacted, That for the examination, ap-
pointment, and licensing of every pilot, the said Board of Com-
Compensation. missioners shall be paid the sum of ten dollars, as a compensa-
tion for their services, to be retained by the Board for their ex.
penses.
Repeal'g clause SEC. 8. Be it further enacted, That all acts conflicting with
the provisions of this act, be, and the same are hereby repealed.
Approved March 7th, 1845.

NO. XL.
An ACT to establish and regulate Pilotage on the waters and in the
harbors of Dade 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 Court for County purposes of
PilotsappointDade County, be and is hereby empowered, to appoint pilots for
the waters and harbors of Dade county.
Court to estab- SEC. 2. Be itfurther enacted, That the County Court for
lish rates of pi.County purposes, be, and is hereby empowered, to establish the
lotage. rates of pilotage on said waters and in said harbors, and to pre-
scribe rules to govern pilots, and the collection of pilotage.
Repeal'gclause SEC. 3. 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. Approved February 13th, 1845.

NO. XLI.
An ACT to regulate the Pilotage of the Port of St. Marks.
SECTION 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the board of Port
Wardens for the port of St. Marks, shall appoint and li-
Port Wardenscense such number of competent persons as may be deemed
to appoint pi-necessary, to act as Pilots for the said port, during good beha-
lots, Bonds,&c.vior ; which said Pilots, so appointed, shall enter into bond with
security, to be approved by the said board, in the sum of 'two
hundred and fifty dollars, payable to the Governor and his
successors, conditioned for the faithful performance of their du-
ties; and shall also, before entering upon their office, take
and subscribe an oath, well and faithfully to discharge the
same.

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Sec. 2. Be it further enacted, That the following rates of Rates.
pilotage shall be allowed to each pilot conducting a vessel in.
to the port of St Marks, and the same for carrying a ves-
sel out to sea, to-wit: For merchant vessels, drawing less than
eight feet, water, two dollars and a half per foot; for all ves.
sels of the same description, drawing eight feet or over, three
dollars per foot ; for all United States vessels, three dollars
per foot; for every night detained on board of any vessel out-
side the bar, two dollars; every vessel drawing ten feet or o-
ver, three dollars and fifty cents per foot.
Sec. 3. Be itfurther enacted, That when any vessel bound
into the aforesaid port, shall be hailed or spoken by any pilot
of the same, outside of the eastern bank or beacon, and saidOn vessels sko.
vessel not having already a pilot of the said river on 'board, ken, refusing to
shall refuse to take and receive said pilot so hailing and speak ,diot Onl
ing them, in that case, said pilot shall be entitled to demand
and have the same fee and rate of pilotage as if le had been ta-
ken on board, and had piloted and conducted the said vessel in-
to port: and when any vessel shall be hailed or spoken with.
in the eastern bank by a pilot, and refuses to take the same on
board, said vessel shall pay to the said pilot one half .of the a-
foresaid rates of pilotage.
See. 4. Be it farther enacted, That whenever any vessel out.
ward bound shall refuse to receive and take on board a dulyDo. bound out.
authorized pilot of said port, such vessel shall be liable to pay
to such pilot one half of the pilotage which is hereby authori-
zed.
Sec. 5. Be itftirther enacted, That all fees and rates of pi-Fees &e., how
lotage which may become due, are hereby made recoverablerecoverable.
before any court of record, or any Justice of the Peace, or any
Intendant or Mayor ot any incorporate town in this Territo-
ry.
Sec. 6. Be it further enacted, That it shall be the duty of the
said pilots to go out to every vessel bound to the said port, asDuty of Pilots.
soon as practicable, after they appear in the offing; to
keep up a suitable beacon on the west bank, at the entrance of
the harbor; a stake on the east bank, opposite; and stakes
along the channel of said river up to the termination of the Oys.
ter bars.
Sec. 7. Be itfurther enacted, Thattoencourage, as much as Toencourage
may be, pilots to attend the bars, every licensed pilot bringing pilots to attend
vessel safe from sea, shall have the preference in piloting saidthe bars.
vessel down the river and out to sea again ; Provided, they
give their attendance, and are duly qualified; and any mas-
ter or owner in said port, employing any other pilot to carry his
vessel to sea, than the pilot who brought him in, unless' good
and sufficient cause for the same be shown shall be liable to for.
feit and pay the sum of fifty dollars, one half to be paid to the pi.
lot so entitled to preference, as aforesaid, and the other half
to the Port Wardens for the improvement of said port, to be re-
covered on motion, before any acting Justice of the Peace. or

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or before the itendant of the town of St. Marks; and any sch
pilot neglecting or refusing to attend said vessel when ready
for sea, wind, weather and tide permitting, and thereunto re-
quired by the master or owner of the same, shall, except good
and sufficient cause be shown, forfeit the amount paid to [by]
the said master or owner, the other half to the Port Wardens,
to the use aforesaid ; which forfeiture shall be recoverable in
like manner as above.
Sec. 8. Be it further enacted, That the captains of such
Captainto givevessels as have no owner or consignee, or other responsible
security. person, resident in the port ofSt. Marks, shall, if the same be
required by the pilot when outward bound, give security for
the payment of the pilotage, when said vessel shall have been
conducted to sea ; and for every beacon or stake broken down
by boat or vessel, shall be subject to the fine of five dollars for
the first offence, and ten the second, and so on, in proportion
as may be deemed proper'by the Port Wardens.
Sec. 9. Be it further enacted, That, in case any ship or myea.
In case of vessel, or the cargo or freight thereof, shall receive any damage
sel or cargo re-or miscarriage, or be last through tbe neglect, insufficiency or
ceiving damagedefault of any of the pilots of the said port, after the said pilot
takes charge of the same, the said pilot shall be liable for all
and every the damages and losses which may be sustained.
Sec. 10. Be it further enacted, That if any pilot be found
not sufficiently skilled, or shall become incapable of acting,.or
shall be negligent in the discharge of his duties, the said board of
wardens shall annul his license, and he shall thereupon become
incapable of acting as pilot of said port. or of receiving any
On iupaceitymoney orotfer reward therefore ; and if such person having his
of Pilots. license revoked, or any other person not having a license, shall
under any pretence whatever, undertake to act as pilot, he or
they so offending, shall be liable to a fine not exceeding fifty
dollars, at the discretion of the Port Wardens; recover-
able before any Justice of.the Peace, ind to be appropriated to
the improvement ofthe navigation of the said port.
Approved March 6th, 1845.

iNO. KII.
As ACT to aimnd aneat to incorporate the'Town of Colunibmu, appro.
aed 14th March, 1844.
SECTION 1. Be it enacted by the Governor and Legislative
Repeal'g clauseCouncilof the Territory of Florida, That so much of the third
section of the act to which this is an amendment, as requires
the first election for town officers to be held on the second Man.
day of April, 1844, be, and the same is'hereby repealed.
SEc. 2. Be it further enacted, That it shall .be lawful for the
citizens of said town of Columbus, to elect their town officers

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at any time on or before the first day of January next, under Citizns to e-
all the rules, regulations, and restrictions, in the act to whiclect offers.
this is an amendment.
SEC. 3. Be it further enacted, That should it become neces- Powrr of Js.
sary to organize the said town council, any Justice of the Peacetice to order .
for the town or district, shall have power to order an election,lection.
and to appoint two or more Inspectors to conduct the same; and
shall moreover give public notice of the election, in the corpor-
ate limits of said town, at least ten days previous to the day on
which said election is be held.
SEc. 4. Be it further enacted, That all laws and parts of lawsRepel'g clause
conflicting with the provisions of this act, be and the same are
hereby repealed.
Approved February 20th, 1845.

NO. XLIII.
An ACT to organize the Centreville Greys.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That the Company of Cavalry Constituted an
in the county of Leon, known by the name of Contrevilleindepcndent
Greys, be, and the same is hereby constituted an Independentcomp"an"
Volunteer Company, to be called the Centreville Greys.
Sec. 2. Be it furter enacted, That the said company shall be Subject.
subject to the rules and regulations (as far as the same may be
applicable) of an act passed 29th January, 1836, entitled "An
Act to provide for the establishment and organization of the
Spring Grove Guards."
Sec. 3. Be it further enacted, That the Officers already e-
lected and chosen, by the said Company, shall remain and con Officers.
tinue in the respective commands and grades to which they
have been elected, until others are elected and commissioned,
to wit: Jacob Elliott as Captain, Paul C. H. Harley as first
Lieutenant, and James Hunter as second Lieutenant, and any
other officers that may from lime to time be hereafter elected
or appointed.
Sec. 4. Be itfurther enacted, That said Company may adopt
by laws, rules, and regulations, by the vote of a majority of its Mayadoptbye
members, to be approved of by the Captain; and shall havelaws, &c.
power to impose and enforce'the collection of fines on its mem-
bers for neglect of duty, and in all other matters and things
necessary and proper, for the good order and discipline of sqid
company, not contrary to the laws of the United States and
this Territory, or the rules and articles of war. Provided,
That nothing in this act shall be so construed as to exempt the
said Company from the operation of the Militia laws of this
Territory ; and Provided further, That this act shall be sub-
ject to any modification or alteration, imposed by any future
Legislature of this Territory. Approved 27th February 1845.
9

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NO. XLIV.
An ACT to incorporate Dade Lodge, No. 14, in the city of Key Wst.
SECTION 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the Master and War-
dens of Dade Lodge No. 14, (fourteen) in the city'of Key West,
Declared abo-for the time being, and their successors in office, be and they
dypolitic. are hereby declared to be a body politic and corporate, by the
name and style of"DadeLodge, No. 14, (fourteen) Key West,"
and as such shall have and adopt a corporate seal and shall be
capable and liable in law to sue and be sued, plead. and be
impleaded, and shall be capable of purchasing or accepting, hol.
ding and being invested with a titlf in real estate in fee sim-
ple, of a lot or parcel of land in said city, on which to erect
or build a Masonic Hall, and such other buildings or improve-
ments as shall by them be deemed needful and useful for the
lawful purposes ot said lodge; or to purchase, accept, hold,
and be invested with such other title in, and to any lot or buil.
dings and other improvements, in said city, as shall by them be
deemed needful and lawful for said purposes, and they shall
deem advisable to do, and perform all manner of things to and
with said lot or parcel of land, hall, improvements and premi-
ses, for said purposes, that a natural person might of right do
and perform.
Subject tomod. Sec. 2. Beitfurther enacted, That this act shall be subject
ification, &c. to modification, amendment, or repeal, by any future Legisla.
ture.
Approved March 7th, 1845.

NO. XLV.
A., ACT to Inoorporate the Trustees of the Fund of Special Relef," of
the Florida Annual Conference of the Methodist Episcopal Church.
SECTION 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That Peyton P. Smith,
Thomas C. Benning, Rueben H. Lucky, Anderson Peeler,
Trtee. Lobert H. Howrenn, John W. Mills and John J. Richards be,
and they are hereby appointed with their successors in office,
Trustees for the Fund of Special Relief of the Florida Annual
Conference of the Methodist Episcopal Church.
PowerofTrus- Sec. 2. Be it further enacted, That the aforesaid Trustees,
tees. with their successors in office, or a majority ofthem, shall have
power and authority to make such bye laws and regulations, as
may be necessary for the government of said Board : Provided,
such laws and regulations be not repugnant to the Constitution
and Laws of the United States, or the laws of this Territory.
Declaredabo See. 3. Be itfurther enacted, That the said Trustees and
dy politic. their successors in office under the name and style of the Trus-
tees of the Fund of Special relief" of the Florida Confer.
ence of the Methodist Episcopal Church, as aforesaid, may use

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a common seal, and are hereby declared to be a body corpor-
ate, capable of suing and being sued, pleading and being im.
pleaded, contracting and being contracted with, and of using all
moans necessary and lawful for securing and defending any
money, property, debts, bonds, stocks, or demands. which do
now or may hereafter belong to said Fund of Special Re-
lief."
Sec. 4. Be it further enacted, That the said Trustees and
their successors in office shall be entitled to hold all manner
of property both real and personal; and all donations, gifts, To hold prop.
grants, bequests, and legacies of money or any other thing orerty, &c.
things, together with any privileges and immunities which do
now belongtosaid "Fund of Special Relief," or which may
hereafter accrue to it, and no misnomer of the Corporation
shall prevent its rights whenever it appears or it can be ascer-
tained that it was the intention of the party or parties to sell
give, grant, or bequeath any property, real or personal, or any
right or interest to said Corporation.
Sec. 5. Be it further enacted, That the Trustees aforesaid Power, &o.
and their successors in office, shall have power and author.
ity to grant relief-to distressed travelling and local Preachers;
the widows and orphans of such preachers as may have died in
full connexion in the Methodist Episcopal Church: also to
grant relief to any extraordinary cases of Preachers in said
Church, such as long family affliction, loss of all his cattle or
horses, burning of houses, loss of crops, arrest for debt : also
they may extend relief ton widowed mother or helpless father
of a preacher, who has no support or who may need more.
Sec. 6. Be it further enacted, That when any vacancy may In case of a
occurin said Board of Trustees by death, resignation, remo.vaea cy'
val or otherwise, the preachers coinposing the "Florida An-
nual Conference" while in conference assembled, tmay have
the privilege of filling such vacancy from their own body; and
the certificate of the President (for the time being) witnessed
by the Secretary, shall be sufficient evidence of such appoint-
ment.
See. T. Be it further enacted, That this act shall be sub. Subject to.
ject to modification, alteration, or repeal, by any future Leg.
islature of the Territory or State of Florida.
Approved February 17th, t845.

NO. XLVI.
An ACT to inorporate the Preachers Aid Saciety of- the Florida Anntal
Conference of the Methodist Episcopal Church.
SECTION 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That Thomas C. Benning,
Alexander Martin, John W. Yarborough, Peyton P. Smit, Trustees.
Simeon P. Richardson,.William W. Griffin, and Augustus 1.

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Russ ., and they are hereby appointed, with their succes-
sors in office, Trustees for the Preachers Aid Society of the
Florida Annual Conference of the Methodist Episcopal Church.
Powerand au. SEC. 2. Be it further enacted, That the aforesaid Trustees,
thorityofTrus-with their successors in office, or a majority of them, shall
tees. have power and authority, to make such bye-laws and regula-
tions as may be necessary for the government of said society:
Provided, such laws and regulatiorA be not repugnant to the
constitution and laws of the United States, or the laws of this
Territory.
SEC. 3. Be it further enacted, That the said Trustees and
their successors in office, under the name and style of the
Preachers Aid Society of the Florida Conference of the Metho-
Declaredabo-dist Episcopal Church as aforesaid, may use a common seal,
dy politic, and are hereby declared to be capable of suing and being sued,
pleading and being impleaded, contracting and being con-
tracted with, and of using all means necessary and lawful for
securing and defending any money, property, debts, bonds,
stock, or demands, which do now or may hereafter belong to
said society.
-SEC. 4. Be it further enacted, That the said Trustees, and
their successors in office, shall be entitled to hold all manner
Mayholdprop-of property, both real and personal, and all donations, gifts,
erty, &c. grants, bequests, and legacies of money, or any other thing or
things, together with any privileges and immunities which do
now belong to said society, or which may hereafter accrue to
it, and no misnomer of the Corporation shall prevent its rights,
whenever it appears, or it can be ascertained, that it was the
intentionof the party or parties to sell, give, grant, or bequeath
any property, real or personal, or any rights or interest to said
Corporation.
Duty. SEC. 5. Beitfurther enacted, That the Trustees before named,
their associates and successors in office, shall annually pay
over to the Stewards of the Florida Conference of the Metho-
dist Episcopal Church, all sums of money which they may hold
subject to distribution, according to their bye.laws, which mo-
ney shall be paid over to said Stewards, for the express and
only purpose of being distributed among the Preachers defici-
ent in their quarterage, connected with said Conference, and
the widows and orphans of travelling Preachers therein, ac.
cording to the regulations provided for such distribution, by the
discipline of the Methodist Episcopal Church.
Sec. 6. Be itfurther enacted, That whenever a vacancy may
Vacancy. occur in said Board of Trustees, by death, resignation, remov.
al, or otherwise, the Preachers composing the Annual Confer.
ence, while in Conference assembled, may have the privilege
of filling such vacancy from their own body, and the certificate
of the President of the Conference, (for the time being,) wit-
nessed by the Secretary, shall be sufficient evidence of such
appointment.
SEc. 7, Be ztfurther enacted, That this act shall be subject to

alteration, modification or repeal, by any future Legislature of Subject to.
the Territory or State of Florida.
Approved February 17th, 1845.

NO. XLVII.
An ACT to amend an act entitled an act to incorporate the Trustees of
the Presbyterian Church of Quincy.
SECTION. 1. Be it enacted by the Governor and Legislative
Councilofthe Territory of Florida, That the ruling Elders and
Deacons now elected and ordained in the Presbyterian Church
ofQuincy, their survivors and successors in office, are hereby Declared abo-
declared to be a body corporate, under the name and style ofdy corporate.
the Perpetual Trustees of the Presbyterian Church of Quin-
cy,"and in their corporate name and capacity, shall be liable
to lake and hold real and personal estate : Provided, the same
shall at no time exceed the sum of fifty thousand dollars in real
estate, and to dispose of the same for the use of the Church,
and shall be capable of suing and being sued at law and in
equity, under the above name and style; and the said corpo-
ration shall have the power of making bye-laws and rules for
its own government, in conformity with the constitution of the
Presbyterian Church in the United States.
SEC. 2. Be itfurther enacted, That all mannerof estate, real,
personal and mixed, all donations, gifts, grants, legacies, priv. Property.
ileges and immunities, whatsoever, which said Church may
have derived, or which may have in any manner become vest.
ed in the Trustees of said Church, under and by virtue of said
"act incorporating the Trustees of the Presbyterian Church of
Quincy," shall, by virtue of this act, become vested in the
said "Perpetual Trustees of the Presbyterian Church of Quin-
cy, to have and to hold the same, for the proper use, benefit and
behoof, of the said Presbyterian Church of Quincy.
SEC. 3. Be it further enacted, That so much of the said actRepeal'g clause
entitled, "an act incorporating the Trustees of the Presbyterian
Church of Quincy," of which this is an amendment, as is in.
consistent with, or conflicts with this act, be, and the same is
hereby repealed; and that this act shall, at all times hereafter,
be subject to alteration, modification, or repeal, by the Legis.
lature: Provided, such alteration, modification, or repeal,
shall be acquiesced in by a majority of the Trustees of said
Church. .Approved February 20th, 1845.

NO. XLVIII.
An ACT to amend an act entitled, "an act to incorporate the Protestant
Episcopal Congregation of the City of Tallahassee, St. John's Parish,"
approved Nov. 2d, 1829.
SECTIorr 1. Be it enacted by the Governor and Legislative

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Counci of the Territory of Florida, That hereafter the a-
bove mentioned Corporation shall consist of a Rector, two
Amendmnt. Wardens, and six Vestrymen, and that W. H. C. Yeager
as Rector, and Richard K. Call and John S. Shepard as
Wardens, and Turbutt R. Betton, James B. Gamble, Tho.
mas Brown, Francis Eppes, and James H. Randolph, as
Vestrymen, shall be, and they are hereby constituted a bo-
dy politic and corporate, to be known by the name and style of
The Rector, Wardens and Vestrymen of the Protestant E.
piscopal Church of the St. John's Parish, Tallahassee," and by
that name and style shall have perpetual succession, and a
common seal, with power to change the same at pleasure, and
as such shall have all the powers and privileges which apper-
tain to material persons, that are not herein limited, or other.
wise divested by law.
SEC. 2. Be it further enacted, That hereafter the Wardens
and Vestrymen, above provided for, shall be elected annually,
Tobe electedon the first Monday after Easter, in each and every year,. by
manually, &c. the regular communicants and pew-holders of said Church, in.
the city of Tallahassee, and any vacancy or vacancies that
shall occur in the Board of Wardens and Vestrymen aforesaid,
shall be filled by said board, the person or persons so appoint.
ed to continue in office until the said annual election of the
said board, next following his or their appointment; and the
Rector shall be elected by the said B6ard of Wardens and.
Vestrymen, and in the absence of the Rector, or during a va-
cancy, one of the Wardens shall preside in the said Board:
Provided, that in case of a failure or neglect to hold an elec-
tion, as directed in this section, the said board or corporation of
Rector, Wardens and Vestrymen, shall not be dissolved by
reason of such default, but shall continue in office, and consti.
tute a competent board or corporation as aforesaid, until a ge-
neral election shall be held as contemplated by this act; any
vacancies occurringin the mean time, to be filled in manners
herein provided.
SEc. 3. Be it further enacted, That so much of the above re-
epeal'g clausecited act as conflicts with the provisions of this act, be and the
same is hereby annulled and repealed.
Approved February 20th, 1845.

NO. XLIX.
An ACT to incorporate the Trustees of the Leon Female Academy.
SECTION 1. Be it enacted by the Governor and Legislative Cos,
cil of the Territory of Florida, That Benjamin F. Whitner,
Declared a boRichard Hayward, David C. Wilson, George S. C. Johnson,
crporat anGeorge W.Call, James E. Broome and Thomas Baltzell, and
their successors in office, be, and they are declared to be a bo-
dy politic and corporate, by the name and style of the Trustees
of the Leon Female Academy, and as such shall be capable
and liable in law to sue and be sued, plead, and be impleaded

S(71.)

and shall be authorized to make such bye-laws and regular.
tions as may be necessary for the government of said institu-
tion: Provided, that such bye-laws are not repugnant to the
constitution and laws of the United States and ofthis Territory;
and for that purpose may have and use a common seal, appoint
such officers as they may think proper, and remove the same
from office for improper conduct or neglect of duty.
SEc. 2. Be it further enacted, That said Trustees or their
successors, shall be capable of accepting and being invested Property.
with all manner of property, real and personal, all donations,
gifts, grants, privileges, and immunities whatsoever, which
may belong to said institution, or which may hereafter be con.
veyed or transferred to them, to have and hold the same for the
proper benefit and behoof of said Academy.
SEC. 3. Be it further enacted, That when any vacancy may Vacancy.
happen by death, resignation, or otherwise, of any one or more
of the Trustees of said Academy, the survivors or remaining
Trustees shall fill the same, in such manner as shall be point.
ad out in the bye-laws and regulations ot said Trustees.
Approved March 1lth. 1845.

NO. L.
An ACT for the relief of the Trustees of the Methodist Episcopal Church
of Tallahassee.
WHEIIEAS, it has been made apparent to this Legislative
Council, that a certain note given by the Trustees of the Meth- Preamble.
odist Episcopal Church in the city of Tallahassee, to the Com-
missioner of the Tallahassee Fund, for the second and third
instalments on lots Nos. 127, 128, and 129, in the North Ad-
dition to the said city, was given without any just considera-
tion, the said instalments having been previously paid by Dan-
iel Faust, the original purchaser of the said lots: Therefore,
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the Commissioner of the Tallahas.
see Fund be authorized and directed to deliver to the TrusteesocO Tallaonhs
ot the Methodist Episcopal Church of Tallahassee, a certainFud author.
note given by H. H. Berry, J. G. Padrick, Samuel S. Sibleyzedanddirect'd
and George C. S. Johnson, Trustees of the Methodist Episco-
pal Church aforesaid, to the said Commissioner, for the second
and third instalments on lots Nos. 127, 128 and 129, in the
North Addition to the city of Tallahassee aforesaid, the said
instalments on said lots having been paid, and that the Commis.
sioner aforesaid release to the Trustees aforesaid, all claim or
claims ofthe Commissioner of the Tallahassee Fund, and of
the Territory ot Florida, on said lots.
Approved March 10th. 184..

(72)
NO. LI.
An ACT for the relief of Crawford Sprowl.
SECTION 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That Crawford Sprowl and
Mary Louisa Sprowl, be, and they are hereby divorced from
Divorced, the Bonds of Matrimony, as fully and entirely as if the said
Crawford and Maria Louisa had never been married: Nov.
ertheless, the said Crawford Sprowl shall be bound to support
and educate the children which he has had by the said Maria
Louisa, until they arrive at years of maturity, as he would
have been bound, had this act not been passed.
Approved March 10th, 1845.

NO. LI.
An ACT to change the name of Martha E. Cohoon.
SECTION 1. Be it enacted by the Governor and Legislative
,Name changedCbuncil of the Territory of Florida, That the name of Martha E.
Cohoon be altered and changed, and that the said Martha E.
Cohoon be hereafter known and called by the name of Martha
E. Sutton.
Sec. 2. Be it further enacted, That this act shall be in force
from and after its approval by the Governor.
Approved January 30th, 1845.

NO. LIIL
An ACT to divorce Agnes Bell from her husband Joseph G. Bell, and to
Change the name of said Agnes Bell to that of Agnes Woolf.
SECTION 1. Be it enacted by the Governor and Legislative
Marriage con.Council of the Territory of Florida, That the marriage contract
tract dissolved.heretofore subsisting between the said Agnes Bell and the said
Joseph G. Bell, be, and the same is hereby dissolved and an-
nulled, and the said parties are hereby absolutely divorced
from the Bonds of Matrimony, as fully, absolutely, and entire-
ly, as if the said Agnes and said Joseph had never been mar-
ried.
Sec. 2. Be it further.enacted, That the name of the said
Namehang es Bell be, and the same is hereby changed to that of Ag-
nes Woolf, and that she be called and known by that name.
Act in force. Sec. 3. Be it further enacted, That this act shall be in force
from and after its approval.
Approved March 11th, 1846.

(73)
NO. LIV.
An ACT for the Relief of John ;W. Hanson.
,SA CIN 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That the judgment hereto.
fare rendered in the Superior Court for Duval county, in the
Eastern District of Florida, in behalf of the Territory against
John M. Hanson, as security for Dean P. Bryant and John O judgmentt can
MoMellin; be, and the same is hereby cancelled, as to the said celled.
John M. Hanson, and that he be, and is hereby forever released
and discharged from the same.
Approved March 6th, 1845.

NO. LV.
An ACT for the relief of Timothy Wightman, and others.
SECTION 1. Be it enacted bythe Governor and Legislative Coun.
cilof the Territory of Florida, That the Auditor of the Territo- Auditor au.
ry be, and he is hereby authorized and required to audit thethorized and.
accounts of Timothy Wightman, Robert Bigelow, Jehu Huf-quired.
fingham, Stephen Eddy, and Joseph Andrews, for mileage and
attendance fees as witnesses in behalf of the Territory in
certain criminal prosecutions instituted by the said Territory
against Arthur Burney in the Superior Court for the Eastern
District of Florida in the County of Duval, and also the ac-
counts of Harrison R. Blanchard for services rendered to the
territory as Sheriff of -Puval County, aforesaid, in March,
1844,. in executing a warrant issued by the Judge of the Coun.
ty Court of Duval county, in behalf of the Territory of Flor-
ida, against one Frank Ialvider, charged with murder. And
that the Treasurer, or officer discharging the duties of Treas-
urer be, and he is hereby authorized and required to pay out o"
the Treasury, to the persons herein named, such sums of mon.
ey, as shall be certified to, by the Auditor, to be due on the
said accounts. Approved March llth, 1845.

NO. LVI.
An ACT for the relief of Rueben Scott.
SECTION I. Be it enacted by the Governor and Legislative Fines remitted
CounGilofthe Territory of Florida, That the fines assessed a-
gianst Rueben Scott on two indictments, under which he was
convicted at the fall term of the Superior Court of Leon coun.
ty, idd.le district of Florida, 1843, be, apd the same are here-
by remitted.
"gee. 2. Be it further enacted, That this remission be, and
the same is hereby made as the express condition, that said Conditio
Scott ilall tiot thereafter play at any game of Cards, or other
10

(74)
game of hazard in this Territory or suffer the same to be play.
ed in his house, and it shall be the duty of the Executive of the
Territory orState, on being satisfied with a breach in this res-
pect or non-observance of said Scott of this condition, to en-
force the judgment, fine, or penalty, with the like effect as if
this Bill had not passed, and no stay, or delay had taken place
place on said Execution or judgment.
Approved March llth, 1845.

NO. LVII.
An ACT for the relief of David D. Young.
Judgment re. SECTION 1. Be it enacted by the Governor and Legislative
mitted. Council of the Territory of Florida, That the judgment obtain-
ed in the Superior Court of Leon County, against David D.
Young, upon the forfeited recognizance of Richard G. W.
Clark, be and the same is hereby remitted.
Approved March 10th, 1845.

NO. LVII.
AnACT to authorize Malinda Folsom, widow and administratrix of Bry.
ant Folsom deceased, late of Jefferson county, to sell certain real estate
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That Malinda Folsom, Administratrix of
Authorized tBryant Folsom deceased be, and she is hereby authorized to
sell real etate.sell and dispose of the real estate of her deceased husband,
under like responsibility as if the same was sold by an order
of Court.
Approved March 7th, 1845.

NO. LIX.
An ACT to authorize Nathaniel Roberts to establish a ferry over-the Ock.
locknee River.
SECTION I. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That Nathaniel Roberts
be, and he is hereby authorized to establish, and charged with
Fer y-wherethe duty of keeping a Ferry at a place known as the Lasley
kept. place near the mouth of Tologee on the Ocklocknee River for
and during the term of ten years from the passage of this act.
Sec. 2. Be it further enacted, That the said Nathaniel Rob-
erts, 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
LRte. established from time to time by the county court of Gadsden

(75)

county, and be subject to the orders of said court.
See. 3. Be itfurther enacted, That it shall not be lawful for
any person or persons to establish a Ferry for the purpose of Unlwfu
receiving toll within five miles of said location.
Sec. 4. Be it further enacted, That this charter shall be sub. Subject to.
ject to be amended or repealed by any future Legislature of
the Territory, or State of Florida.
Approved March 10th, 1845.

NO. LX.
An ACT to authorize David L. Palmer to build a Toll Bridge. with Flood
Gate and Dike, across St. Pablo Creek; on the St. John's River.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cilof the Territory of Florida, That David L. Palmer be, and
he is hereby authorized to build and keep a toll bridge, with Authorized to
flood gate and dike, (the flood gate only to be opened at lowkeeptollbridge.
water,) across St. Pablo Creek, on the St. John's River, where
the post road crosses said Creek; and that he be allowed to
charge such rates of toll as may be from time to time establish-
ed by the County Court of Duval County.
SEC. 2. Be it further enacted, That all the rights and privi.
leges, profits and emoluments, of said bridge be, and they are
hereby vested in the said David L. Palmer, his heirs, executors, Term.
administrators and assigns, for the term of fifty years: Pro.
vided, he shall at all times keep the bridge in good order and Proviso.
repair, that a loaded wagon and team may cross without dan-
ger, and shall comply with the rules and regulations that may
be established by the County Court of Duval County, or that
may hereafter be provided by law.
Sec. 3. Be it further enacted, That it shall be unlawful for Unlawful.
any person or persons to build a bridge or keep a ferry, within
four miles of said, bridge on said Creek, unless the same be toll
free, or for his or their own individual use.
.Sec. 4. Be it further enacted, That this act or any part there- Subject to,
of be, and the same is, subject to amendments, by any future
Legislature of the Territory or State of Florida.
Approved March 6th, 1845.

NO. LXI.
An ACT to authorize George W. Thompson to establish a Ferry aeroI
the Escambia River.
SECTION 1. Be it enacted by the Governor and Legislatve
Council of the Territory of Florida, That George W. Thompson
be, and he is hereby authorized, to establish and keep a public
ferry across the Escambia River, at or near its junction with Ferry...lRtes,
the Bay of Escambia, and that he be allowed to charge such

rates of toll, as may be from time to time establiiheiTby the'
County Court of Santa Rosa County.
t d Sec. 2. Be itfurther enacted, That all the rights, privileges,
privilgs vestdProfits and emoluments of said ferry be, and are hereby vested,
in the said George W. Thompson, his heirs, executors, admin-
istrators and assigns, for the term of ten years; Provided,
Proviso. the said George W. Thompson, his heirs, executors, adminis-
trators or assigns, shall always keep a flat of sufficient size
and strength, to carry over a loaded wagon and team, and
shall strictly comply with-the r-iles and regulations that may
be established by the County Court of Santa Rosa County, or
that may be hereafter provided for by law.
awful Sec. 3. Be i further enatteA That it shall not be luwful for
Ulawf. any person or persons to establish or keep a ferry within less
than three miles abovd or below said ferry, unless the same be
toll free, and for his, her, or their individual use.
Sec. 4. Be it further enheted, That this act shall at any
Subject to. time be subject to the amendment, modification, or repeal, of
any future Legislature of the Territory or State of Florida.
Approved March 6th, 1845.

NO. LXII.
An ACT to authorize Alexander Hunt to establish a Ferry on the Su.
wannee River.
SEcTIoN 1. Be it enacted by the Governor and Legislative
Council of the Territory of Florida, That Alexander Hunt be,
and he is hereby authorized to establish, and charged with the
Ferry...whereduty of keeping a ferry on the Suwannee River, in Hatmilton
kept. County, opposite Cason's Meeting Hbuse, where the St. Mary's
road crosses, for the term of ten years from the passage of this
act.
Sec. 2. Be it further enacted, That the said Alexander
Hunt, his heirs and assigns, shall at all times keep a good and
sufficient flat or ferry boat at said ferry, to cross loaded wagons
and teams, and he or they shall receive such rates of ferriage
Duty.-Rates. as may b established from time to time, by the County Court
of Hamilton County, and be subject to the order of said Court.
Sec. 3. Be it further enacted, That if the said Alexander
On failure toHunt shall fail to establish said ferry within twelve months
establish ferry
within 12 mro.from the passage of this act, then the rights and privileges
granted by this act to be void.
Sec. 4. Be it further enacted, That it shall not be lawful for
Unlawful. any other person to establish a ferry within four miles of the
said location, unless for his and their own use, ard not for
taking toll.
SEc. 5. Be it further enacted, That this act shall be subject
Subject to. to the control of any future Legislature of the Territory of
Florida. Approved February 13th, 1845.

(7t7?)
NO. LXIlH.
Ar ACT tb Auth6rizd Lewis Miller, sr., to establish a f-erryacross IHolinn
Creek.
SECTION 1. Be it enacted by the Governor atd Legislative
Council of tle Territory of Florida, That Lewis Miller, sr., be,
and he is hereby authorized to establish, and charged with the Ferry..where
duty of keeping a ferry on Holme's Creek, in Washingtonkept.
County, at a place known as Bright's ferry, for and during the
term of ten years, from the passage of this act.
SEC. 2. Be it further enacted, That the said Lewis Miller, sr.
his heirs and assigns, shall, at all times, keep a good and suffi.
cient flat' or ferry boat at said ferry, to cross loaded wagons
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 Rates.
Washington County, and be subject to the orders of said Court.
See. 3. Be itfurther enacted, That if the said Lewis Miller,
sr., shall fail to establish a ferry within twelve months from the On failure.
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 five Unlawful.
miles of said ferry, unless for his or their own use, and not for
taking toll.
Sec. 5. Be iffurther enacted, That this act shall at any time
hereafter, be subject to be amended, modified, or repealed, by Subject to.
any future Legislature of the State or Territory of Florida.
Approved February 27th, 1845.

NO. LXIV.
An ACT tb authorize Arexander MoAlpine to establish a Ferry across the
Chipola River.
SECTION 1. Be it enacted Vy the Governor and Legislative
Council of the Territory of Florida, That Alexander McAl-
pine be, and he is I.ereby authorized to establish and keep a
public ferry across the Chipofa River, at a place known as Piti
Bluff, and that he be allowed to charge such rates of toll as Rates.
may be from time to time established by the County Court of
Calhoun county.
Sc. 2. B eit further enacted, That all the rights, privilege, Rights &
profits and emoluments, of said ferry, be vested in said McAl.-veted.
pine, for the term of five years: Provided, he shall keep flat
of6sffielieat size and strength, to cross a loaded Wagon and
team, and shall comply with the regtlatidrs established by the
Coiiit'y Court of said county.
See. 3. .e it further enacted, That if the said Ate~tande
McAlpine shall fail to establish said ferry within sit mt~nti On failure.
frbo(n th6 passage of this act, thet the rights maid privileges
grafiWtd by this act to be void.

(78)

SEc. 4. Be itfurther enacted, That it shall not be lawful for
Unlawful. any person or persons to keep a ferry for toll, within three
miles of said ferry.
SEC. 5. Be it further enacted, That the Governor and Leg-
Subject to. islative Council shall, at all times, have the power to alter,
amend, or repeal this act.
Approved February 27th, 1845,

NO. LXV.
An ACT to authorize John Gaskins to establish a Ferry across Yellow
River.
SECTION 1. Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florida, That John Gaskins be, and he
is hereby authorized, to establish a ferry across Yellow River,
Ferry-..whereat the place known as the place where the United States mail
kept. coach now crosses said river; and that he be allowed to charge
such rates of toll asmnay be, from time to time, established by
the County court of Walton county.
Sec. 2. Be it further enacted, That all the rights, privileges,
Rights vested.profits and emoluments of said ferry, be vested in said John
Gaskins, for the term of four years: Provided, he shall keep a
flat of sufficient size and strength to carry a loaded wagon and
team, and shall comply with the regulations established by the
County Court of said county.
Sec. 3. Be itfurther enacted, That it shall not be lawful for
Unlawful. any person to keep a ferry for toll, within five miles of said
ferry.
Sec. 4. Be it further enacted, That the Governor and Legis.
lative Council shall, at all times, have the power to alter, a-
Subject to. med, or repeal this act.
Approved February 27th, 1845.

NO. LXVI.
An ACT to authorize Jesse Donaldson to establish a Ferry across Yellow
River, in Santa Rosa County.
SECTION 1. Be it enacted by the ,Governor and Legislative
Council of the Territory of Florida, That Jesse Donaldson be,
and he is hereby authorized to establish and keep a public
ferry across Yellow River, at a place known as Foster's and
Ferry-Rates Donaldson's Ferry, and that he be allowed to charge such rates
of toll as may be, from time to time, established by the County
Court of Santa Rosa county.
Sec. 2. Be it further enacted, That all the rights, privile-
Rights, &c.ges, profits and emoluments, of said ferry, be vested in said
vested. Jesse Donaldson, for the term of ten years: Provided, he shall
keep a flat of sufficient size and strength to carry a loaded wa.
gon and team, and shall comply with the regulations estab-

(79)

listed by the Count y Court of said county.
Sec. 3. Be it further enacted, That it shall not be lawful for Unlawful
any persons or persons to keep a ferry for toll within three
miles of said ferry.
Sec. 4. Be itfurther enacted, That the Governor and Legis-
lative Council shall at all times, have, the power to alter, a. Subjectto.
mend or repeal this act.
Approved January29th, 1845.

NO. LXVII.
An ACT to authorize Alexander Clark, to establish a Ferry across the
Chipola River.
SECTION 1. Be it enacted by the Governor and Legislative
Councilof the Territory of Florida, That Alexander Clark be,
and he is hereby authorized, to establish and keep a public Ferry.Rts.
ferry across the Chipola river, at a place known as Clark's
Bluff; and that he be allowed to charge such rates of toll as
may be from time to time established by the County Court of
Calhoun County.
Sec. 2. Be itfurther enacted, That all the rights, privileges, Rights, &c.
profits and emoluments of said ferry, be vested in said Clark,vested.
for the term of five years: Provided, he shall keep a flat of
sufficient size and strength, to'carry a loaded wagon and team
-and shall comply with the regulations established by the coun-
ty court of said county.
Sec. 3. Be it further enacted, That it shall not be lawful for Unlawful.
any person or persons to keep a ferry for toll within three miles
of said ferry.
Sec. 4. Be it further enacted, That the Governor and Leg Subjeto.
islative Council, shall at all times have power to alter, amend, Su
or repeal this act.
Approved February 27th, 1845.

NO. LXVIII.
An ACT to authorize John Sheifler to establish a Ferry across the South
Prong of Black Creek, about half a mile above its mouth.
SECTION 1. Be it enacted by the Governor and Legislative
Councilof the Territory of Florida, That John Sheifler be, and
he is hereby authorized to establish a ferry, across the South
Prong of Black creek about half a mile above its mouth, and Ferry.Rats-
that he be allowed to charge such rates of toll as may be from
time to time established by the county court of Duval county.
SEC. 2. Be itfurther enacted, That all rights and privileges, Rights, &e.
profits and emoluments of said ferry, be, and they are herebyvested.
vested in.the said John Shiefler, his heirs, executors, administra.
tors and assigns, for the term of five years: Provided, he shall

(10)
keep a flat or boat of, sa iontsize to carry over a loaded wag.
,onindAet iAnd ~ ll oqWply -ith the;rulespnd regulations
that mayihe:from tnie to t~ne,qstablished by the county court
of Duval county, or that may hereafter be provided byl,law.
-Sc.: Be it further enacted, Tatt it shal, be unlawful for
Unlawful. any person to establish or keep a ferry within fpur nils ,of'
said ferry, on south prong of Black Creek, pleas -it be tWll
free, or forbis, her, or their own individual use.
Sec. 4. Be it further enacted, That this act and the privel-
eges herein granted, shall be subject to amendment, modifica.
Subject to tion or repeal, by any future Legislature of the Territory or
State of Florida.
Approved February 27th, 1845.

;NO. LXIX.
4An ACT to authorize Stanislaus Glenski to establish a Ferry across .the
,St. Johns, at Palatka.
SEoTON 1. Be it ekactedl y the Governor and Legislative Coun-
cil of the Territory of Florida, That Stanislaus Glenski be, and
Ferry..-wherehe is hereby authorized and. charged with the duty of keeping
kept. a ferry across the St. John's Aiver at Palatka, for And during
the term often -years, from and after the passage pt this act.
Sec. 2. Be.it father enacted, That the said Stanislaus ( en-
ski, his heirs, exeoutors-and assigns, ,shall.at all 4tjnes keep ,a
good and sufficient flat or ferry boat, to cross .aJoaded :wgon
Rates. ;andtear,-and he or they.shall receive such rates of ferriage as
is or anay,.from time to time, be established by the County
Court of St. John's county, and shall be subject tothe-esders
of said Court.
SEc. 3. Be it further enacted, Thatit shall not :e ,lwful for
Unlawful. any person or persons to establish or keep a ferry within five
miles of said ferry, either, above or below, on said river, ex-
cept it be for his, her, or their own use, and not for the pur-
pose of taking toll.
ucto. Sec. 4. Be it further enacted, That this act shall, at any time
Subject. be subject to the amendment, modification, or repeal, of any
future Legislature of the Territory or State of Florida.
Approved JMareh -1,th, 14W5.

NO. IXX.
,LAn ACT to authqrize Henry E. Purviance to establish ferry on the
Suwannee River.
SECTWON 1. Be -itenacted by the Governor and 14egslative
Conncil of the Territory ~f.Florida, That .Henry E. Purvi-
Ferry...whereance be, and he is hereby authorized to establish, and charged
kept. with the dutiesof keeping a ferry on the Suwannee River, in

(81)
Hamilton county, at the place known formerly as Hooker's
ferry, for and during the term often years from the passage of
this act.
Sec. 2. Be it further enacted, That the said Henry E. Purvi- Ratem, c.
ance, 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 shall receive such rates of ferriage as may be
established 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 Henry E. Pur- On failure.
viance shall fail to establish said ferry within twelve 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 person or persons, to establish a ferry within three miles Unlawful
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 th_ act shall, at all
times, be subject to the action of any future legislation of Flo. Subject to,
rida. Approved March 7th, 1845.

NO. LXXI.
An ACT to provide for the Compensation of the Officers of the Legisla.
tire Council, for the session of 1845, and for other purposes.
SECTION 1. Be it enacted by the Governor and Legislative
Council af the Territory of Florida, That the following sumsApP'oprpiti'ons
be, and they are hereby appropriated, for the expenses of the
Legislative Council, for the year 1945, viz :
To Thomas F. King, Secretary of the Senate, for services
tor sixty-five days in session, and five days to arrange the bu.
siness of the session, at three dollars per diem, $210 00
To Robert Gibson, Assistant Secretary of the Se-
nate, for sixty-five days, 195 00
To Isadore V. Garnie, foreman of the Senate, for
sixty-five days, 195 00
To John Summerlin, Messenger of the Senate, for
sixty-five days, 195 00
To Neil McPherson, Sergeant-at-Arms of the Se-
nate, for sixty-five days, 195 00
To Hugh Archer, Secretary of the House of Re.
presentatives, for sixty-five days in session, and five
days to arrange the business of the session, at three
dollars per diem, 210 00
To Robert Sessions, Assistant Secretary of the
House of Representatives, for sixty.five days, 195 00
To John G. Smith, additional Assistant Secretary-
of the House of Representatives, for sixty-five days, 195 00
11

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Appropriations. To Andrew McClellan, Sergeant-at-Arms of the
House of Representatives, for sixty-five days, 195 00
To Thomas G. Gill, Foreman of the House of Re-
presentatives, for sixty-five days, 195 00
To Samuel Barrington, Messenger of the House of
Representatives, for sixty-five days, 195 00
To Joseph Clisby, Printer for the Senate, for mis-
cellaneous printing, bills, reports, slips of daily jour.
nals, journals in pamphlet form, and all other work
done for the Senate, and newspapers furnished the
House and Senate under their order, as may be cer-
tified to by the Secretary ofthe Senate and House, 2574 15
To Samuel S. Sibley, Printer for the House of Re-
presentatives, for miscellaneous printing for the
House, bills, reports, slips of daily journals, jour-
nals in pamphlet form, and all other printing
done for the House of Representatives, and for news-
papers furnished the Senate and House, under their
order, as may be certified to by the Secretary of the
House and Senate, 3225 09
To Washington Bartlett, Editor of the Star, for
newspapers furnished the Senate and House of Re-
presentatives under their order, and for miscellane-
ous printing, for such quantity as shall be certified
to by the Secretaries of both Houses, 295 00
To P. A. Hayward, for stationary and contingen-
cies furnished the Senate and House of Representa..
ties for the present session of the Council, 1038 00
To Towle & Myers, for stationary and contingen.
cies, furnished the Senate and House of Representa.
tives for the present session of the Council, 138 75
To Alfred A. Fisher, furnished the Senate for son.
tingent expenses, 35 50
To B. K. Lignoski, furnished the Senate for con-
tingent expenses, 20 00
To John W. Levinus, for contingent expenses for
Senate and House, 36 25
To Wilson & Brown, for contingent expenses for
Senate, 6 25
To Martin L. Baker, for Senate for contingent ex-
penses, 49 05
To Hopkins & Meginniss, for Senate for contin-
gent expenses, 68 03
To Aaron P. Smith, for fuel for Senate and House, 75 00
To Martin L. Baker, for House for contingent ex-
penses, 59 75
To Rogers & Bemis, for contingent expenses of
House, 21 00
To Anderson McClellan, for contingent expensesof
House, 42 00
To Hugh Archer, for taking care of the furniture

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of the Council, under Resolution of the House, 15th Appropriations.
March, 1844, 50 00
To J. Clisby and S. S. Sibley, for printing the act
to facilitate the organization of the State of Florida, 100 00
To Thomas Brown, Secretary of the late Senate,
for taking care of the Senate Chamber and furniture
for the last year, 50 00
SEC. 2. Be it further enacted, That the President of the Se-
nate, and the Speaker of the House of Representatives, be al-
lowed double per diem.
SEC. 3. Be it further enacted, That the sum of three hun-
dred dollars be, and the same is hereby appropriated, for the
purpose of distributing the laws and journals of the Territory
of Florida. under the direction of the Governor.
SEc. 4. Be it further enacted, That the Governor be author.
rized to certify the expenses of printing the laws of this session.
Approved March 11th, 1845.

RESOLUTIONS
ADOPTED BY THE LEGISLATIVE COUNCIL.

NO. 1.
Resolution.
Resolved by the Governor and Legislative Council of the Resolutions.
Territory of Florida, That Congress be respectfully requested
to appropriate a sum of money sufficient to provide for the
mileage and per diem pay of Ossian B. Hart, Representative
from St. Lucie county, and for the pay of John G. Smith, as-
sistant Clerk. Approved March 11th, 1845.

NO. 11.
Resolutions.
Be it Resolved hy the Governor and Legislative Council of
the Territory of Florida, That our Delegate or Representative,
(as the case may be,) in Congress, be requested to use his or
their best exertions, to procure an appropriation of four dollars
per diem, for the payment of the Rev. Joshua Phelps, as Chap-
lain of the House of Representatives, and a similar compensa-
tion for the Rev. Alexander Martin, Chaplain of the Senate
during the present session.
Be it further Resolved, That a copy of these resolutions bie
signed, and forwarded to our Delegate or Representativesi (a
thecase may be,) in Congress.
Approved March 10th, 1&45.

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eholutionm. NO. III.
Preamble and Resolution.
WHEREAS, a Resolution was adopted by the last Legislative
Council, "requesting our Delegate in Congress to use his
best exertions to procure an appropriation of four dollars per
diem, for the payment of the Rev. Dr. Yeager, for his services
as Chaplain of the Senate, and a similar compensation for the
Rev. Joshua Phelps, Chaplain of the House of Representatives
during the present session:" And whereas, such appropria-
tion has not yet been made by Congress; and the said Rev.
Joshua Phelps has officiated at the present session of the Leg-
islative Council, being the session of 1845, as Chaplain of the
House of Representatives, and the Rev. Alexander Martin did
officiate as Chaplain to the Senate. Therefore,
Be it Resolved by the Senate and House of Representatives,
That our Delegate in Congress be requested to urge the ap-
propriation asked for last year, and also a further appropria-
tion for ihe present year, of a like sum per diem, for the Rev.
Joshua Phelps, as Chaplain to the House of Representatives,
and a like sum to the Rev. Alexander Martin, as Chaplain to
the Senate.
Resolved, That a copy of the foregoing preamble and reso-
lutions be forwarded to the Hon. David Levy, our Delegate in
Congress, or to the proper authority at Washington.
Approved March 11th, 1845.

NO. IV.
Resolution.
Resolved by the Governor and Legislative Council of the
Territory of Florida, That our Delegate in Congress be, and
he is hereby requested to obtain an appropriation of ten thou-
sand dollars, in addition to the sum already appropriated, for
the payment of the expenses of the Legislative Council, the
amount of the appropriation made by last Congress being in.
adequate for the purpose.
Approved February 11th, 1845.

NO. V.
Resolutions.
Resolved by the Governor and Legislative Council of the
Territory of Florida, That Congress be requested to pay the
legal representatives of Gibson & Hibbard, printers for the
Executive Department of the Territory aforesaij, the sum of
one hundred and twenty-five dollars, being the amount of the
account for the year 1841, hereunto appended.

85 )

Resolved further, That our Delegate in Congress, the Hon. Resolutions.
David Levy, be requested to lay the above resolution, with the
accompanying accounts, before Congress, at as early a day as
practicable. Approved February 13th, 1845.

NO. V[.
Preamble, Resolutions, &c.
UNITED STATES,
To Raymond A. Dominge, DR.
To publishing in the Commercial Advertiser at Apa.
lachicola, the laws of Florida passed at the twenty-
second session of the Legislative Council, as per
resolution of that body, $125 00
WHEREAS, The Legislative Council, at their twenty-first
session, did pass a resolution that the laws should be published
in a paper at Apalachicola, and in conformity with that resolu-
tion, the laws passed in 1844 have been all published in the
Commercial Advertiser: And whereas, there has been no
provision for the payment of the same. Therefore,
Be it Resolved by the Governor and Legislative Council of
the Territory of Florida, That our Delegate in Congress be
requested to present this claim to the consideration of Congress,
and ask payment of the same.
Be it further Resolved, That a copy of this account, and this
preamble and resolutions, be properly certified, and sent to
the Hon. David Levy.
Approved March 10th, 1845.

NO. VII.
Preamble and Resolutions.
WHEREAS, large portions of the public lands in the Territory
ot Florida, heretofore offered for sale, owing to the poverty of
the soil, and the high price affixed to them by the Federal Go-
vernment, remain unsold: And whereas, it is believed that if
Congress would pass a law, graduating and reducing the price
of said lands, they would be speedily entered, thereby increase.
ing the revenue of the government, and at the same time fur-
nishing facilities for the poor to secure permanent homes:
Be it therefore Resolved by the Governor and Legislative
Council of the Territory of Florida, That our Delegate in Con.
gress be requested to use his best endeavors to procure the
passage of a law, at the present session of Congress, to gradu-
ate and reduce the price of the public lands in the Territory of
Florida, heretofore offered for sale, and which now remain un-
sold.

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Resolutions. Be it further Resolved, That a copy of the foregoing pream-
ble and resolutions, properly authenticated, be forthwith trans-
mitted to the Hon.David Levy, our Delegate in Congress.
Approved February 5th, 1845.

NO. Vll.
MEMORIAL of the Governor and Legislative Council of the Territory of
Florida, to the Congress of the United States.
To the Honorable the Senate and House of Representatives of
the United States, in Congress assembled :
The memorial of the Governor and Legislative Council of
the Territory of Florida, respectfully sheweth:-That the last
Indian war, by which Florida has been desolated, and its in-
habitants reduced many to ruin, and others to want, from a
previous condition of prosperity and ease, was a calamity for
which the people of the Territory are in no way responsible,
but was the result of the policy adopted by the government, of
removing the Indians within our limits, and concentrating
them in the West; and of the injudicious and inefficient man-
ner in which this policy was attempted to be carried out. The
people of East Florida particularly, at an early stage of the
movements made in pursuance of the proposed measure, (viz.
in January, 1834, or nearly two years before the breaking out
of the war,) endeavored to call the attention of the Government
to the difficulties in the way of its execution, by apprising it
of the open, avowed, and decided opposition of the Indians to
remove, hoping thereby to induce it to adopt the precautions
necessary to prevent the evils which it was foreseen would
otherwise ensue. This representation was borne out by an
official communication from the Indian agent, to the govern.
ment, in October, 1884, (see document 271, 24th Congress, 1st
session,) in which he expresses his positive belief that the In-
dians were preparing for hostilities, and had determined to
resist the execution of the treaty of Payne's Landing," and
that therefore, he felt it to be his imperious duty to urge the
necessity of strong military reinforcement, and concluded by
saying, that "an imposing force, thus promptly marshaled, to
coerce this refractory people, will awe the chiefs into a proper
respect for the government, and afford protection to the neigh.
boring white settlements.
The result has unhappily shown, that the precautions re.-
commended were necessary, and that, had the warning thus
given by the agent, and which was in substance reiterated by
the government officials then in the Territory, been promptly
and officially acted upon, and an adequate military force thrown
into the country, the calamities and losses which followed
would have been prevented. In view of these undeniable fats,
the people of the Territory feel that they have right and equity

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on their side, when they appeal to their government, as they Roalutions.
now respectfully do, for a full remuneration for the ruinous
losses thus brought upon them, wholly by neglect on the part
of those whose duty it was to have provided against and pre-
vented them. Although the protection which the government
certainly owed to the inhabitants of the Territory of Florida
was thus withheld, we trust that the justice due them will no t
be denied but that the rightful claims which they have upon
it, arising from this neglect of their safety and interest in the
first instance, will be allowed, and promptly and liberally pro.
vided for. Your memorialists would respectfully suggest, as
the first step towards the attainment of the object in view, the
appointment of a Board of Commissioners, to set in Florida, to
inquire into and ascertain the nature and extent of those losses;
take testimony in relation to the different claims, and report up-
on them in such manner as Congress may direct. It may be
well to state, for the information of Congress at this state of the
matter, that the amount of these losses will, it is confidently
believed, fall far short of the estimates generally heretofore
made on the subject, and would be covered by a sum quite
within the competency of the government to pay, without in-
convenience to the National Treasury.
Resolved by the Governor and Legislative Council of the
Territory of Florida, That a duly authenticated and certified
copy of the foregoing memorial be forwarded as early as prac-
ticable to our Delegate in Congress; and that he be, and he is
hereby requested to urge it upon the consideration of Congress
with as little delay as possible, and to endeavor to procure
such action thereon by Congress, as will accomplish the ob.
jects of said memorial.
Approved February 27th, 1845.

NO. IX.
Preamble and Resolutions.
WHEREAS, hisExcellency the Governor in the year 1839,
was authorized by an act of the Legislative Council to raise
a force consisting of several companies of Militia, for the pro.
tection of the frontier, which companies were mustered into
the service ofthe Territory, for a period of six months: And
whereas, the Government of the United States, assumed the
payment of those troops, subsequent to their being mustered in.
to the.Territorial service, and before the expiration of the pe-
riod for which they were mustered, were received and muster-
ed into the service of the United States for payment and turned
over to the command of a United States officer: And whereas
eleven men commanded by Allen E. Johnson were rejected
by the mustering officers of the United States: And whereas,

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Resolutions. said men did perform service in defence of the frontier for a
period cf two months and fifteen days, and in consequence of
their being rejected by said mustering officer of the United
States, have not received any pay for said services: And
whereas, said services were necessary, and said men were re-
ceived by the mustering officerof the Territorial Government
raised for the protection of the frontier; Therefore,
Be it Resolved by the Governor and Legislative Council of
the Territory of Florida, That our delegate in Congress be re-
quested to lay the matter before Congress and use his best ex-
ertions to obtain an appropriation to pay the said claims of said
men.
Be it further resolved, That as soon as this preamble and
Resolutions are adopted by the Legislature, the proper officers
be instructed to certify to and forward the sameto the Honora-
ble Delegate in Congress. Approved March llth, 1845.

NO. X.
Preamble and Resolutions.
WHEBEAS in the year 1842, the citizens of Washington Coun-
ty were kept in constant dread and apprehension, from the fre-
quent inroads of a desperate band of refugee Creek Indians
who committed acts of the most horrid barbarity destroying
whole families, and causing entire neighborhoods to leave
their homes: And whereas it was deemed necessary for the
safety and protection of the citizens of said county, that a com-
pany should be kept constantly in the field: And whereas said
company was raised by the recommendation of the Governor
of Florida and under the command of Stephen Daniel, and af-
ter a laborious, active and useful service of nearly two months
was disbanded by order of the Secretary of War: And where-
as Government has hitherto failed to pay the said company and
to remunerate persons who furnished supplies of provisions and
forage for its use.
Resolved therefore by the Governor and Legislative Council,
That our Delegate be requested to use his best exertions to
procure an appropriation, sufficient to pay said company, and
to pay for the ibrage and provisions supplied for and the ne.
cassary expenses incurred by said Company.
Resolved further, That copies of these Resolutions be for-
warded to our delegate and to the proper officer at Washing.
ton. Approved March, 7th 1845.

NO. XI
Preamble and Resolutions.
WHEREAS, by reference to the various maps of Florida it is
found thatthe head waters of Indian river and of the river St.

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Johns, are laid down as approaching very near to each other: Resolutions.
And whereas, this information is confirmed by the opinions of
those who have travelled in and are acquainted with that sec.
tion of country: And whereas, it is for these reasons,
confidently believed, that a canal six or seven miles in
length, might be made to connect the navigable waters of the
twosaid rivers: And whereas, the opening of such a canal
would be of great importance to that portion of the Territory
through which those two rivers flow, inasmuch as it would o-
pen an inland communication with a vast extent of country
in Florida with the cities of Savannah and Charleston, which
they do not now possess and would have a tendency to increase
very rapidly the population of the Southern part of Florida,
and consequently add vastly to its importance and prosperity,
increasing at the same time the value of all the lands in
that section of country. 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 efforts to obtain an appropriation from
Congress, for a survey of that portion of county lying between
the head waters of Indian river and the river St. Johns, with a
view to the opening of a canal to connect thetwo rivers.
Be it further resolved, That our said Delegate be requested
to urge the appropriation by Congress of a sum sufficient tode.
fray the expenses of a survey ot the water courses and interve.
ning land lying between the head of Indian river and Cape
Florida, with a view to the ultimate connexion of said water
courses by canals, for the purpose of forming an inland water
communication to Cape Florida.
Be it further resolved, That as soon as this preamble and res.
solutions shall have passed both Houses and been approved by
the Governor, a copy thereofduly authenticated by the proper
officers, be forwarded to our Delegate in Congress.
Approved February 5th, 1845.

NO. XII.
Preamble and Resolutions.
WHEREAs, The unsettled location of the dividing line be-
tween the States of Georgia and Alabama, and the Territory of
Florida, has been the source of great and continuing control.
versy and difficulty between the citizens of those States and
the citizens of this Territory by reason of the difficulties and
disputes arising in regard to the proper boundary or dividing
line; out of which disputes and difficulties, have resulted fre.
quent affrays and rencontres in which several lives have been
sacrificed. And whereas, it is confidently believed that these
disturbances and outrages to society, occurring upon the sub-
ject of the disputed Territory, are all attributable to the failure
12

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Resohutions. on the part of the General Government to establish permanent-
ly, the line between the aforementioned States and this Terri-
tory. And Whereas, numerous law suits attended with a great
and onerous expense to the parties litigant, have arisen, as to
who was entitled to the right of Possession of the fractional
sections along said lines; in many instances preventing fami.
lies from settling a permanent home because of the uncertain
tenure by which such right of possession in occupancy is held;
And Whereas, there is no doubt but that if the General Gov-
ernment should give this subject proper attention, and settle the
question as to whom these fractions belong, whether to Geor.
gia, Alabama or Florida, so that in the latter case the same
might be thrown into market, very many poor and good citi.
zens would be enabled to become owners of a comfortable Home.
stead instead of being ever subject to harrassing law suits a.
bout the title or right of Possession to their small settlements,
and the General Government would be benefited by receiving
the Government price for all said lands. Therefore,
Be it Resolvel by the Governor and Legislative Council of
the Territory of Florida, That our Delegate in Congress be
requested to call the early attention of the General Govern.
ment to this important question, and to urge upon the proper
authorities the expediency and absolute necessity for the im-
mediate adjustment of this perplexing question, by sending
proper officers to run out and establish permanently the Nor
then line of Florida which is now only known as the imagine.
ary Southern line of the States of Georgia and Alabama.
Be it further Resolved, That the interests of the General
Government as well as the citizens of the two adjoining States
and of this Territojy require that said line should be properly
and finally located, that the General Government might be en.
abled thereby to sell the lands lying along said line and ena.
ble these pioneer settlers upon said fractional sections (many
of whom have been upon their respective settlements for a pe-
riod of eighteen or twenty years) to become the purchasers of
the fruits of their industry and labor.
Be it further Resolved, That in case the foregoing request
receives the favorable consideration of Congress, those settlers
and occupants of said fractional lands be entitled to one years
residence upon said settlement so made by him, her, or them,
until the expiration of which time, he, she or they in possession
of such settlement, shall have the privilege of entering the
same at the land office, where the said lands shall be subject to
entry or sale in preference to any other person whatsoever, not
a settler, or who has made no improvement upon such lands as
he shall propose to enter.
Be it further Resolved, That a certified copy of this Pre-
amble and Resolutions be forthwith farwarded to the Honora.
ble David Levy our Delegate in Congress, as soon as the same
shall be adopted and approved.
Approved March 6th, 1845.

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NO. XIII. Resolution.t
Preamble and Resolution.
WHEREAS, The County of Wakulla is covered entirely by
the Spanish grant to Forbes and Company, confirmed to the
claimants according to law ; and by reason whereof, the in.
habitants of said county have been deprived of the benefit of
the donation granted to other counties of a quarter section of
land for a County Site, and of every sixteenth section in each
Township for Common Schools, given to the people in all the
new states and territories : And whereas, said county was prin.
cipa'lv settled before the confirmation of the said grant, under
the belief that it belonged to the United States, and that the set-
tiers would receive the benefit of such donations, and large
quantities of public land were entered and paid for by some of
them, in confidence thereof, the price of which has since been
repaid by the United States, without interest. Therefore,
Be it Resolved by the Governor and Legislative Council of
the Territory of Florida, That our Delegate in Congress be
respectfully requested to procure an appropriation of a quarter
section of land, the proceeds of which, to be applied by the
Commissioners to be elected by said county, to a Court House
and Jail in said county, in such place as the people may se-
lect by law; And also an appropriation of ten sections of land
to be applied by county commissioners to be elected by the peo-
ple, to the support of Free Schools in said county.
Approved February 20th, 1845,

NO. XIV.
Preamble and Resolutions.
WHEREAS, a public road from Sopchoppi in the county of
Wakulla, along the coast to the Apalachicola Bay, opposite to
the city of Apalachicola, would be of great public benefit and
convenience, and would in time of war be of service in the de.
fence of the country, and would facilitate the transportation of
the Mail between Apalachicola and Tallahassee; And where.
as, that portion of the country through which said road should
be made, which lies in the county of Gadsden, is unsettled, and
the people of Wakulla county if they had authority to con-
struct such road in the county of Gadsden, are unable to bear
the expense thereof: Therefore,
Be it Resolved by the Governor and Legislative Council of
the Territory of Florida, That our Delegate in Congress be
respectfully requested to solicit an appropriation by Congress
of five thousand dollars, to be expended in the construction of
such road by three Commissioners, to be appointed by the coun.
- ty Courts of Wakulla and Gadsden counties, and the Com-
mon Council of the City of Apalachicola, in aid of such ap.

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Resolutions. propriations and contributions as may be otherwise made for
said road.
Be it further Resolved, That the Governor be requested to
transmit, duly certified, a copy of this preamble and resolu.
tions, to the Honorable David Levy.
Approved February 27th, 1845.

NO. XV.
Preamble and Resolution.
WHEREAS, in consequence of a destructive storm in Septem-
ber, 1843, the town of Port Leon and the town of St. Marks
were utterly overwhelmed by flood, and destroyed, and the in-
habitants thereof were compelled to found a new town, called
"New Port," several miles up the St. Marks river, which town
is now the county site of Wakulla county : And whereas, the
navigation of said river above its junction with the Wakulla
river, could be greatly improved by an appropriation from
Congress, in addition to that heretofore granted, and which has
been neglected to be expended by the Government. Therefore,
Be it Resolved by the Governor and Legislative Council of
the Territory of Florida, That our Delegate in Congress be re-
quested to procure the expenditure ofthe appropriation hereto-
fore made, during the next spring ; and also to procure an ad-
ditional appropriation from Congress, to be applied in the same
manner, and that a copy of this preamble and resolution be
transmitted to our Delegate immediately after its adoption.
Approved February 27th, 1845.

NO. XVI.
Preamble and Resolutions.
WHEREAS, the southern part of Gadsden county, embracing
an extent of country of some seventy or eighty miles in length,
and from forty to fifty in width, has in many parts become
thickly settled, and is still increasing in population: And
whereas, the said inhabitants are entirely without the conveni-
ence of mail routes or post offices, their nearest post office be-
ing Quincy, a distance varying from fifteen to fifty miles from
their homes: And whereas, the establishment of post offices
at or nearthe following places, with mail routes from Quincy
thereto, to wit-at Fort Preston, on the Apalachicola river; at
the site commonly known as the Muster Ground, on Rocky
Comfort Creek, in Forbe's Purchase ; and at the Baptist Church
on Tologee creek, will afford the desired facilities. Therefore,
Be it Resolved by the Governor and Legislative Council of
the Territory of Florida, That our Delegate in Congress be,
and he is hereby requested, to use his best exertions to pro.

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cure the establishment of said mail routes, once a week and Resolutio
back, on horseback.
Be it further Resolved, That copies ofthis preamble and re-
solutions, duly authenticated, be transmitted to our Delegate
in Congress, and to the Post Master General of the United
States. Approved March 10th, 1845.

NO. XVII.
Preamble and Resolutions.
WHEREAS, great inconvenience is suffered by the citizens re.
siding on the Miami river, cape Florida, in consequence of the
obstructions existing in said river and at its mouth, for about
one hundred yards, occasioned by the late storms which have
raged along the coast: And whereas, the expense which the
government would incur in the removal of such obstructions
would be but small. Therefore,
Be it Resolved by the Governor and Legislative Council of
the Territory,of Florida, That the Hon. David Levy be, and
he is hereby requested, to exert himself to procure from Con-
gress an appropriation of twenty-five hundred dollars, for the
purpose of removing the obstructions in said river.
Be it further Resolved, That a copy of this preamble and re.
solutions be forwarded to our Delegate, immediately after its
adoption and approval.
Approved February 13th, 1945.

NO. XVIII.
Preamble and Resolutions.
WHEREAS, several years have elapsed since the abandon-
ment of the Light House at key Biscayne, cape Florida: And
whereas, the whole line of coast in which cape Florida is com.
prehended, has always been considered as dangerous to the
navigation of vessels bound to and from any point in the gulf of
Mexico: And whereas, the re-establishment of the light at
cape Florida, is necessary, not only to the convenience of mas.
ters of vessels, but also to the safety of navigation, of life, and
property, which have so often been demonstrated by the fre-
quent occurrence of wrecks along said coast: Therefore,
Be it Resolved by the Governor and Legislative Council of
the Territory ot Florida, That our Delegate in Congress be
earnestly requested to use his best exertions to procure the re-
establishment of the light at key Biscayne, cape Florida, and
to urge the absolute necessity therefore.
Be it further Resolved, That a copy of this preamble and

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Resolution. resolutions be forwarded to the Hon. David Levy, immediately
after its adoption and approval.
Approved February 13th, 1845.

NO. XIX.
Preamble and Resolutions,
WHEREAs, That vast extent of country watered by Indian
river and its tributary streams, is growing rapidly in impor.
tance as it becomes known, and its many natural advantages
being more and developed : And whereas, a large settlement,
composed of many intelligent and enterprising individuals,
anxious to improve a country already blest by Providence, has
within the last three years, been formed upon Indian river and
St. Lucie Sound, and is rapidly increasing, and as a necessary
consequence, vessels are frequently brought along the coast,
and into Indian river: And whereas, a long and dangerous
coast intervenes between St. Augustine, the nearest light
house north, and cape Flor;da, the nearest light house south, a
distance of about two hundred miles, consequently it is consid.
ered a hazardous undertaking for vessels to approach the
coast, and the inhabitants of the country are compelled to pay
exorbitant prices to masters of vessels to induce them to come
there : And whereas, it is at present difficult for mariners to
find Indian river bar, on account of the peculiar similarity of
the coast in that latitude, and there being no visible mark by
which to distinguish it: And whereas, the construction of a
light house at Indian river bar would remedy all these evils,
and serve as a land mark of safety to all unfortunate mari-
ners, who by the danger of the sea, might be cast upon the
coast, and would be of great and almost inestimable impor-
tance to that portion of country above alluded to, in many other
respects than those enumerated here. Therefore,
Be it Resolved by the Governor and Legislative Council of
the Territory of Florida, That our Delegate in Congress be,
and he is hereby requested to use his best exertions to procure
an appropriation from Congress for the construction of a light
house at Indian river bar.
Be it further Resolved, That as soon as this preamble and
resolution shall have passed both Houses, and been approved
by the Governor, a duly authenticated copy thereof be for.
warded to our Delegate in Congress.
Approved January 29th, 1845.

NO. XX.
Preamble and Resolutions.
WHBasRE, the distance from New Smyrna, in this Territory,

(95)
to Indian river and Jupiter bars, is about one hundred miles ReBlutl
to the former, and one hundred and fifty to the latter, on ac-
count of which it is exceedingly troublesome and expensive to
masters of vessels, and the citizens of St. Lucie county, for
said masters of vessels to be obliged to go so much out of their
way to enter or clear, when bound to or trom either Indian
river or Jupiter bars-troubleson', to lihe citizens of said co:n.
ty, insomuch that they are :ompelled to pay extra charges, in
order to get vessels to come there, and the increase of trade is
continually augmenting this tax upon the citizens of said
county : And whereas, the appointment of a custom house
officer in said county, for the harbors at Indian river inlet and
Jupiter bars, would obviate all these difficulties, and many
others which do exist, but are too numerous to mention here.
Therefore,
Be it Resolved by the Governor and Legislative Council of
the Territory ofFlorida, That our Delegate in Congress be, and
he is hereby respectfully requested to represent this matter to
the proper authorities at Washington, and strenuously endea-
vor to procure the appointment of a custom house officer, for
the harbors mentioned in the above preamble.
Be it further Resolved, That as soon as this preamble and
resolution shall have passed both Houses, and been approved of
by the Governor, a duly authenticated copy thereof be for-
warded to our Delegate in Congress.
Approved February 27th, 1845.

NO. XXI.
Preamble and Resolutions.
WHEREAS, by an act of Congress, passed on the 15th day of
June, 1844, there was an appropriation of one thousand five
hundred dollars, for connecting the waters of Indian river and
Mosquito lagoon, at the Haul-over: And whereas, seven
months have now elapsed since said appropriation was made,
and it has not been applied to the purpose for which it was in-
tended: And whereas, the necessity which induced Congress
to make the appropriations still exists, causing a portion of the
citizens of this Territory to suffer great inconvenience and
hardships, and must continue so until the 'said appropriation is
applied. Therefore,
Be it Resolved by the Governor and Legislative Council of
the Territory of Florida, That our Delegate in Congress be,
and he is hereby respectfully requested to urge upon the ap.
propriate Department at Washington, the great necessity of
immediately applying the said appropriation.
Be it further Resolved, That as soon as this preamble and
resolutions shall have passed both Houses, and been approved
of by the Governor, a duly authenticated copy thereof be for.

(96)
Resolutions. warded to our Delegate in Congress, and to the Secretary of
War. Approved February 27th, 1845.

NO. XXII.
Preamble and Resolutions.
WHEREAS, the Counties ofHillsborough and Benton ale con-
tinually becoming more populous: And whereas much incon-
venience is encountered by the settlers from the great want of
roads in that section ofcountry, as well asirom the decayed state
of bridges: And whereas, the citizens of Benton;county are driv-
en to the necessity, while on their way to Tampa Bay (it being
their only place of trade) of delaying their time in repairing
the bridge across the big Hillsborough river: And whereas,
the United States Mail in its transportation from Palatka to
Tampa Bay, necessarily passes over the Hillsborough river,
which will in a short time, be rendered impassable from the de-
cayed state of the aforesaid bridge. Therefore,
Be it 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 obtain an appro-
priation of one thousand dollars, for the building of a bridge a-
cross the Hillsborough river at the place known as Fort Fos-
ter.
Be it further resolved, That so soon as the foregoing pream-
ble and these resolutions shall have been adopted, a certified
copy thereof be forthwith transmitted to the Hon. David Levy
by him, to be laid before Congress at as early day as practica-
ble.
Approved February 27th, 1845.

NO. XXIII.
Preamble and Resolutions.
WHEREAS, the Counties of Alachua, Marrion, Benton, and
Hillsborough, have greatly increased in population: And
whereas, there has been a mail route established from New-
nansville, Alachua County, to Tampa Bay in Hillsborough, a
distance of one hundred and sixty five miles: And whereas,
the opening of a road leading from Newnansville to Tampa
Bay, would be of the greatest utility and convenience to a large
portion of the citizens of East Florida, as well as to the whole
country, which would be a consideration not unworthy of no.
tice-it being desirable that the mails should be transported
with the least possible delay: It is however certain that some
considerable portion of this road must of necessity, pass through
some uninhabited districts of country, thereby preventing its

(97)

construction without the aid of an appropriation : And whereas Restlutions.
toopen the whole of said road, would cost Government an a-
mount in no wise equivalent to the advantages that would result
therefrom. Therefore,
Be it resolved by the Governor and Legislative Council of
the Territory of Florida, That our Delegate in Congress be,
and he is hereby requested to use his best exertions to procure
an appropriation of five thousand dollars for the cutting and
clearing out of said road from Newnansville to Tampa Bay.
Be it further Resolved, That so soon as the foregoing pream.
ble and these resolutions shall have been adopted, a certified
copy thereof be forthwith transmitted to the Hon. David Levy,
our Delegate to Congress.
Approved February 13th, 1845.

NO. XXIV.
Preamble and Resolutions.
WHEREAS, during the late Indian war the Court house of
Hillsborough County, was burned up by a tribe of hostile In.
dians, whose continued depredations ultimately brought upon
the inhabitants great pecuniary losses and distress: And where-
as, the present resources of said county are still inadequate to
the expense of building another Court House: And whereas
the increasing business of said county together with the inter-
ests of the people and the better administration of Justide loudly
calls for the immediate erection of suitable apartments for Ju-
dicial and County purposes. Therefore.
Be it Resolved by the Governor and Legislative Council of
the Territory of Florida, That our Delegate be and is hereby
requested to use his utmost endeavors to procure from Congress
an appropriation of one thousand dollars for the re-building of
a Court House in said County.
Be it further resolved, That this Preamble and Resolutions
when adopted, be certified by the proper officers and a copy
thereof forwarded to the Hon. David Levy.
Approved March 7th, 1845.

NO. XXV.
Preamble and Resolutions.
WHEREAS, by an act of this Legislative Council, approved on
the 14th March, 1844, a oountywas organized in East Florida,
to be called Marion county, which embraces a portion of that
section of country heretofore in possession of the Indian tribes,
and whichisconsequently in an unimproved condition. There-
fore, 13

(98)
Resolutions. Be it Resolved, That our Delegate in Congress be requested
to use his best exertions to procure, and have conveyed to said
county of Marion, a quarter section of land, to be selected by
the proper authorities of said county, whereon to locate a per-
manent seat of justice.
Be it further Resolved, That a copy of this preamble and re-
solutions be forwarded to the Hon. David Levy, our Delegate
in Congress. Approved March 7th, 1845.

NO. XXVI.
Preamble and Reso!utions.
WHEREAS, the coast and straits of Florida are as a long lane,
through which vessels from all quarters of the globe are con-
tinually passing and re-passing: And whereas, the maratine
interest of our country has been, and is suffering, for the want
of the establishment of a light house at a conspicuous situation
at or near New Smyrna, thereby proving beneficial to a large
and important section of country. Therefore,
Be it Resolved by the Governor and Legislative Council of
the Territory of Florida, That our Delegate in Congress be,
and he is hereby requested to urge upon Congress the absolute
necessity and propriety of having a liaht house erected at or
near the above named place, on the Atlantic coast.
Be it further Resolved, That a copy of the foregoing pream.
ble and resolutions be duly authenticated, and forwarded tothe
Hon. David Levy, by him to be laid before Congress.
Approved March 7th, 1845,

NO. XXVII.
Preamble and Resolutions.
WHEREAs, the increasing trade and growing population of
the country bordering on the San Tafee river, makes the free
navigation of said river, a matter of vital import, to the citizens
of the adjacent country : And whereas, by reason of obstruct.
tions in said river, the navigation up to its head, (say to the
Pine Bluff,) is much impeded, to the great injury of the citi-
zens residing in the vicinity of said river : And whereas, to
render it permanently useful in this respect, some aid is requi.
site from the hand of man, and the skill of the er.gineer-the
only obstruction to the navigation of said river is a bed of loose
rock and fallen trees-no scientific survey has yet ascertained
the cost of surmounting these obstructions. 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 procure an appropriation

(99)
of a sum sufficient for clearing out the obstructions in said San Resolutions.
Tafee river; and that a certified copy of the foregoing pream.
ble, and this resolution, be forwarded to the Hon. David Levy,
by the Secretary of the House of Representatives, immediately
after their adoption and approval, to be laid before Congress as
soon as practicable.
Approved February 27th, 1845.

NO. XXVIII.
Preamble and Resolutions.
WHEREAS, the port of Tampa engrosses the chief part of the
trade on the western side of the Peninsula of Florida, and from
its favorable position, and advantages in a commercial point of
view, is greatly increasing in trade, and will soon become an.
important port: And whereas, vessels suffer great inconveni-
ence from the want of a light house at the entrance of said bar.
Therefore,
Be it Resolved by the Governor and Legislative Council of
the Territory of Florida, That our Delegate in Congress be,
and he is hereby earnestly requested to urge upon Congress the
absolute necessity and propriety of having light house speed.
ily erected upon Egmon Key, or some other suitable place.
Be it further Resolved, That as soon as the foregoing pre.
amble, and'these resolutions shall have been adopted, a certi-
fied copy of the same be forthwith transmitted to the Hon.
David Levy, by him to be laid before Congress, as soon as
practicable. Approved February 27th, 1845.

NO. XXIX.
Resolutions.
Resolved by the Governor and Legislative Council oftheTer-
ritory of Florida, That our Delegate in Congress be, and he is
hereby requested to endeavor to procure a renewal of the ap-
propriations made by Congress, previously to thecommencement
of Indian hostilities, for clearing out the obstructions in the river
Ocklawha, and rendering the same navigable.
That he also endeavor to procure an appropriation for clear.
ing out the obstructions in the Suwannee river, and making
that navigable, and also an appropriation for clearing out the
Withlacoochee river, to Rosseiter's ferry, on said river.
That he also endeavor to procure a branch mail to some con-
venient point on new river, in Columbia county, which may be
effected with but little additional expense to the government,
and by which a large and increasing population will be ac.
commodated with the means of which they are now entirely

(100)
Resolutions., deprived, of communication with the people in other portions of
the District.
Resolved, That a copy of the foregoing resolution, duly
certified and authenticated, be forwarded to the Honorable
Davd Levy, our Delegate in Congress.
Approved January 30th, 1845.

NO. XXX.
Preamble and Resolutions.
WHEREAS, by an act of Congress passed on the 7th day of Ju-
ly, 1838, appropriating ten thousand dollars to repair the road
from Jacksonville in East Florida to the Mineral Springs in
said Territory the direct mail route to Tallahassee. But in
consequence of the Indian war, the said sum was not applied on
the said road as was intended, and by operation of law the said
sum has reverted back to the Treasury of the United States.
Therefore,
Be it resolved by the Governor and Legislative Council of
the Territory of Florida, That the attention of our Delegate
in Congress be called to the preamble and resolution of the
Legislative Council, approved on the 24th day of February,
1843, and also a preamble and resolution, approved on the
9th day of March, 1844, relative to this subject, and that he
do urge the appropriation of the aforesaid sum of ten thou.
sand dollars, to repair the road aforesaid.
And be it further resolved, That as soon as this preamble
and resolution pass the House of Representatives, and appro.
ved by the Governor, that a copy of the same duly authenti-
cated be sent to our Delegate in Congress.
Approved January 30th, 1845.

NO. XXXI.
Preamble and Resolutions.
WHEREAS, the road leading from Tampa Bay to Enterprise,
on Lake Monroe, on the St. John's river a distance of some
seventy-five miles, over which the mail must eventually pass,
being the only direct route through that section of country, and
well adapted to facilitate a communication from Tampa Bay
to Charleston, Savannah and in fact all the Northern Ports, is
at present rendered impassable in consequence of the decayed
state of bridges over the small creeks on said road, and also,
from fallen timber, which has entirely obstructed the road, so
as to entirely prevent travelling said route; Therefore,
Be it resolved by the Governor and Legislative Council of
the Territory of Florida, That the Honorable David Levy, our
Delegate, be requested to use his best endeavors,' to obtain

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