CF THE

LEGISLATIVE COUNCIL

OF THE

TERRITORY OF FLORIDAo

PASSED AT THEIR NINTH SESSION

: '!MENCINO JANUARY THIRD, AND ENDING FEBRUARY THIRTEENTtf,

1831.

WITH ALSO,

THE RESOLUTIONS
OF A

PUBLIC OR GENERAL CHARACTER;

ADOPTED

BY THE LEGISLATIVE COUNCIL AT SAII SESSION,

PUBLISHED BY AUTHORITY.
--- --= ,. .. -

TALLAHASSEE:
;13son & S ITH, Territorial pri4ers -

1631.

TITLES OF ACTS.

An act to alter and amend an act to incorporate the town of West Point-and
ijr otherpurposes.
An act concerning the marking and branding of Cattle.
An act to repeal an act entitled an act to amend an act regulati g the mode of
.uing out writs ot error and prosecuting appeals in the court of"appeals of the
territoryy of Florida.
An act to authorise the appointment of commissioners to take the acknowledge-
:nent of deeds and instruments of writing under seal. ,
An act to amend an act concerning letters testamentary and of aAirnA triton.
An act to establish and organise a court of common pleas, and of oyer and
:j.rminer, in the town of Appolachicola.
An act for the relief of Charles E. Hawkins.
An act regulating our citizens trading with the indians-and for other purposes
:'erein mentioned.
An act to provide for the appointment of pilots for the St. Johns and Nassau
versrs, in the territory of Florida-and for other purposes.
An act to amend an act regulating the mode of proceeding on attach .twe.
An act concerning the town of K{ey West.
An act concerning the Literary Fund.
An act concerning the Laws of this session.
An act concerning criminals, and to repeal an act therein mentioned.
An act to provide for the permanent location of the seat of government in thel
territoryy of Florida.
An act to amend an act concerning the appointment cf auctioneers.
An act concerning letters testamentary and of administration.
An act to authorise JohrW. Levinus to build a bridge over the Ocklocknee river,
It or near Munday's ferry.
An act concerning the auditor and treasurer of Florida.
An act to provide for holding superior courts in the county of Washington.
An act relating to Injunctions.
An act concerning Patrols.
An act for the relief of Ellen Foster.
An act to authoriseStephen J. Roche, to establish, and keep a ferry across
Holhnes' creek in Washington counts.
An act relatingto the distribution olf laws of this territory.
An act to repeal an act to divorce Mary Carter from the bed and board of her
husband Williamn.Carter.
An act to provide for the building ajail at Key West.
An act concerning-practitioners of Medicine in this territory.
An act for the relief of Susan Martino.
An act to amend an act relating to crimes and misdemeanors committed by
slaves. free negroes and mulattoes.
An act concerning the boundary line of the county of Leon.
An act relating to judgmenti.and executions.
An act regulating pilots and pilotage at Appalachicola.
An act to extend the laws over the Indians within the territory of Florida.
An act for the relief of Judith Cain, formerly Judith Crosby.
An act to declare Spring creek, commonly known as Robinson's spring creek, ina
Jackson county, a navigable stream.
An at to amend an act to incorporate the city of Tallahassee.
An act to dissolve the marriage contract between Mahal T'. VWaugh and Wil-
liam Waugh.
An act to amend an act entitled an act to incorporate the town of Magnolia.
An act to incorporate the Jackson Spring in Hamilton county.
An act to dissolve the marriage contract between Emeline Brenizer and Amos
Drenizer.
An act to provide for ti:e compilation and publication of all the statutes of tbi
'TAmmtnrv

An act to authorise Hector W. Braden to make a canal through the Natural
Bridge of St. Alarks river.
An act to authorise J. W. Roberts to establish a ferry across the Suwannee
river.
An act to incorporate the town of Monticello, in Jefferson county.
An act to amend an act entitled an act to incorporate the town of Quincy, ap-
proved November 21st 1828.
An actto amend the several acts incorporating the towns of Marianna and
Weblville in Jackson county.
An act establishing a ferry over Black creek in Duval county.
An act to amend the act regulating criminal proceedings.
An act to incorporate a bank by the name and style of the bank of Pensacola.
An act to incorporate a company to be entitled the StMarks navigation company
An act to incorporate a bank in the city of St. Augustine.
An act for the relief of L. M. Stone.
An act concerning the hiring of Slaves.
An act toprovide for the compensation of the officers of the legislative council
-and for other purposes.
An act to incorporate the city of Fernandina.
An act to incorporate a company to be entitled the Leon Rail Way Company.
An act concerning the county seat of Jackson county,
An act toincorporate the city of St. Augustine.
An act to incorporate the Planters and Citizens' Canal Company.
An act to incorporate a company to be entitled the Wacissa and Aucilla navi.
nation company.
An act to incorporate the trustees of Pensacola Academy.
An act to establish a ferry over the Suwannee river.
An act to amend the act to organise and regulate the militia of the territory ci
Florida.
An act to amend an act to constitute a board of trustees for Fort St. Mark,.
An act to incorporate the trustees of Leon Academy.
An act to amend the several acts incorporating the bank of West Florida.
An act to impose a tax on Hawkers and Pedlars in this territory.
An act to provide for issuing writs of Certiorari.
An act relating to the county court of St. Johns county.
An act t) amend an act entitled an act concerning the election of members o;
the legislative council of the territoryof Florida

TITLES OF LAWS OF THE UNITED STATES.

An act to confirm the reports of the Commissioners for ascertaining Claims
and Titles to Lands in \Vest 'lorida. and for other purposes.
An act to provide for the location of tile two townships of land reserved for a
seminary of learning in the territory of Florida, and to complete the location of
the grant to tie deaf and dumubaylum of Kentucky.
An act supplementary to the several acts providing for the settlement and con-
firmation of private land claims in Florida.
An act giving tie right of pre-emption, in the purchase of lands, to certain se:-
tiers in tile states of Alabama, Mississippi, and territory of Florida.
An act to provide for the confirmation and settlement of Private land claims a
East Florida, and for other purposes.
An act to provide for the tinal settlement of land claims in Florida
An act concerning wrecks on the coast of Florida.
An act to alter the time of lioldtmn the sessions of tie Legislative Council of t:.
Ter-itory of lFloriu..
Treatty o amiri. settlement and limits, between thuo Cited state ot Amenc-
and His Catholic Majes:.

OF THE

LEGISLATIVE COUNCCIi
OF TIE

Seiritoer of viorWa

An ACT to alter and amend an Act to incorporate the Town of West Point-and
for other purposes.
1. Be it enacted by the Governor and Legislative Council Name of
of the Territory of Florida, That so much of the above recited vestoint
altered to
act as relates to the name of said Town be, and the same is hereby Appalachi.
repealed, and the said Town be called and incorporated as the cola.
Town of Appalachicola.
2. Be it further enacted, That the corporate limits of said Corporate
Town be extended seven miles, in each and every direction, from limits to 7
the centre of the present settlement of said Town. miles.
3. Be it further enacted, That all that part of the county of Pa ds
Gadsden, lying within a line, begirining at the mouth of Appa- den eruty
lachicola river, running up said river to the mouth of Black's added to
mill creek; thence up said creek to Black's mills; thence in a tVashin'-
due south east course to St. Georges' Sound; thence to the be- ton cousity
ginning point, including the Island of St. George, be added to,
and become a part of the county of Washington.
4. And be it further enacted, That all laws, and parts of convicting
laws, militating against the provisions of this act, be and the law re
iame are hereby repealed. paved.
Passed-Jan. 13, 1831. [APPROVED-Jan. 28, 1831.

An ACT concerning the marking and branding of Cattle.
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That any person or persons, who shall, alsma
knowingly, or wilfully, hereafter, mark or brand the cattle of ingofattle
another, whether the owner thereof be known to such person, or ma; e steal-
persons, or not, such person, or persons, shall be deemed guilty of i"g.
battle stealing, and shall be punished in the same manner in which
by law cattle stealing is now punished.
Passed, Jan. 20, 1831. [APPROVED, Jan. 28, 1831;

-An ACT to repeal an act entitled an act to amend an act regulaiing the mode
suing out Writs of Lrror and prosecuting Appeals in the Court ol Appeals of
the Territory of Florida.
Be it enacted by the Governor and Legislative Council of. tI
Let oil"9 Territory of Florida, That the act to amend an act regulatir
e-i)ecting
umi, out the m6de of suing out Writs of Error and prosecuting Appea
riis o! er- in the Court of Appeals of the Territory of Florida, approve
nrd ,eal' the 14th day of November, eighteen hundred and twenty-nin
b revived be, and the same is hereby, repealed, and that so much of the ac
approved twelfth of November, one thousand eight hundred am
twenty-eight, as was repealed, by the said act of one thousand
eight hundred and twenty-nine, be, and the same is revived.
iettobein '. 2. Be if further enacted, That this act shall be in fort
,( alter from the first day of April next.
t April. Passed, 21st. Jan. 1831. [APPROVED-Jan. 29, 183

An ACT to authnrics the arppointmcnt of Commissioners to take the aeknowledp
ment of deeus and instruments of writing under seal.
1. Be it enacted by the Governor and Legislatire Count
of the Territory of Florida, That the Governor be, and lihe
hereby authorised to name, appoint, and commission, one or moi
governor Commissioners in each, or such of the States and Territories ,
ithoriscr the United States, or in the District of Columbia, as he mr
aipoint deem expedient; which Commissioners shall continue in oflii
erstatel during the pleasure of the Governor; and shall have authorii
t' t-rrito- to take the acknowledgements and proof of the execution of ar
; to take deed, mortgage, or other conveyance, of any lands, tenement
Iemnent or hereditaments, lying or being in this Territory; any contract
deedske letter of attorney, or any other writing under seal, to he used (
recorded in this Territory; and such acknowledgement or proo
taken or made in the manner directed by the laws of this Tce
ritory, and certified, by any one of the said Commissioners, befos
whin the same shall be taken or made under his seal, which eel
tifica'e shall be endorsed on or annexed to said deed or instrt
ment aforesaid, shall have the same force and effect, and be r
good and available in law, for all purposes, as if the same ha
been made or taken before the proper officer of this Territor'
2. Be it further enacted, That every commissioner appointed
,o, n co.e by virtue of this act, shall have fill power and authority to na
itnoris.,d minister an oath. or affirmation, to any person who shall he wvil
a.i: nis- inz and desirous to make such oath, or affirmation, before himi
r Uerns. and such affidavit, or affirmation, made before such commissioner
shall, and is hereby declared to be as good and effectual, to a
intEn--; an:d purpos.-, n? if taken by any magistrate resident in th
Territory, and competent to take the same,

S3. Anul be it further enacted, That every commissioner np
pointed as aioresaid, bclbre he shall proceed to pcrtorm ainy duty,
under and by virtue of this law, shall take and subscribe an oath, Commras
or affirmation, before a justice of the peace, in the city or county ioiert tQ
in which such commissioner shall reside, well and faithfullv to
execute and perform all the duties of such commissioner, under
and by virtue of the laws of this Territory; which oath or affir-
mation, shall be filed in the office of the Secretary of this
Territory.
Passed-Jan, 24, 1831. [APPROVED-Jan. 28, 1831.

An ACT to amend an act concerning letters testamentary and of administration.
J. of P. nu-
1. Be it enacted by the Governor and Legislative Council tIorised to
of the Territory of Florida, That any justice of the peace be, administer
and he is hereby authorised, to administer the oath required by athIses.d
law, to appraisers of the estates of deceased persons.
2. And be it further enacted, That all laws conflicting with Conilict,'e
tlie provisions of the above section, be and the same are hereby ldws rep'l
repealed.
Passed, Jan. 31, 1831. [APPROVED, Feb. 2, 1831.

An ACT to establish and organise a court of Common Pleas, and of Oyer and
Termtner, mi the Town of Appalachicola.
Q 1. Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That there shall be organised in the
Town of Appalachicola, and county of Washington, a court of oncjuret
record, to be styled the Court of Common Pleas, and of Oyer with Suiei
and Terminer, for the town of Appalachicola;"' which said court rior court,
shall have concurrent jurisdiction with the superior courts in said
town, of all civil cases in assumpsit, debt, covenant, trover, de-
tinue, and of actions on the case, where the damages or cause of
action, shall not exceed the sum of one thousand dollars, nor less
than fifty dollars; and shall have authority to try all offences (not
of a capital nature) committed within the limits of said Town,
and to punish the same according to the existing laws of the
Territory.
2. Be it further enacted, That the governor, by and with
the advice and consent of the legislative council, shall immedi- hoJudge to
ately after the passage of this act, appoint a judge of said court, fice 1 year.
who shall hold his office for the term of one year, from and after
the date of his commission; and who shall be entitled to receive
as full compensation for all his services, the sum of four dollars
in each and every case tried in said court, to be taxed by the
5lerk in the bill of costs,

3. Re it firfhoer enacted, That there shall be elected by the
citizens of said town, qualified to vote for members of the legis-
lative council, on the first Monday in March in each and every
year, a clerk of said court, and a sheriff of said town, who shall
take an oath and give security as hereinafter mentioned; that is
to say, the clerk so elected shall take and subscribe the following
oath, before the judge of said court,"-I do solemnly swear, that
sh' ri to I will iruly and faithfully enter and record all orders, decrees,
elected. judgments and other proceedings, of the court of Common Pleas,
and of Oyer and Terminer of the town of Appalachicola, and
all matters and things which by me ought to be recorded; and
that I will faithfully and impartially perform all the duties re-
quired of me as clerk of said court, to the best of my ability:"
Oathofl'k And such clerk shall before he enters upon the duties of his office,
give bond with good and sufficient security, to the governor of
the Territory of Florida, for the time being, and his successors
in office, in the sum of two thousand dollars, conditioned for the
faithful performance of the duties required of him; which said
C'k shall bond shall be taken and approved by the judge of said court-
give bond and said clerk shall be required to keep such books of record as
may be necessary, and to provide for said court a seal; and shall
be entitled to receive as a compensation for his services, the same
fees as are allowed to the clerks of the superior courts of this
Territory for similar services; and the said clerk shall keep fair
and regular minutes of the proceedings of said court, which shall
be signed by the judge before the adjournment of each term of
said court:-And the said sheriff shall in like manner take the
following oath-"I do solemnly swear, that I will faithfully exe-
cute all writs, warrants, precepts and processes, directed to me as
Oath ofair sheriff, of the town of Appalachicola, and true returns of the same
make, and in all things truly, faithfully and impartially perform
the duties of my said office during my continuance therein, and
take only my lawful fees." And the oath shall be taken by the
deputy of said sheriff, provided he shall appoint one; and the
ShiT said sheriff shall enter into bond with good and sufficient securi-
give bond. ties to the governor, for the time being, and his successors in of-
fice, in the sum of three thousand dollars, conditioned for the
faithful performance of his duties by himself and deputies; which
said bond shall be taken by the iudce. And the said clerk and
sheriff shall continue in office until their successors are elected and
Continu- qualified; and upon going out of office, shall turn over to their
ance in o- successors, all papers belonging to their said offices respectively;
Fice. and the same remedy may be had against said clerk and sheriff,
as are allowed against marshals and clerks in the superior courts
of this Territory; and the said sheriff shall be allowed the same
fees as are allowed to sheriffs, in the county courts, for similar
services.
4. Be it further enacted, That said bond of the clerk and

sheriff, shall be recorded in the clerk's office of said court, and Bonds re-
the originals transnutted to the executive ofi:ce oi ilie I crr.l ivy: corded in
And when any person shall desire to institute suit upon either of 'ik office.
said bonds, it may be lawful for him to apply to said court and
obtain a certified copy of the same; and the said copy shall be Bond re
sufficient for the foundation of his suit, and be received in evidence evidence.
in any court in this Territory, in lieu of the original.
5. Be it further enacted, That it shall be the duty of said
sheriff to summon, at least ten d'ivs before the sitting of said Sh'ff shat
court, twenty-four jurors, who shall be residents of the said town, .ummon
and who shall be qualified to serve as petit jurors, in the Supe- Juies'
rior courts of this Territory; who shall be empannelled as juries
usually are, and who shall try and determine all suits in said
court; and who may he fined by the judge in a sum not exceed-
ing ten dollars, for not attending said court, when legally sum-
moned, unless their non-attendance be from unavoidable acci-
dents.
6. Be it further enacted, That all suits in said court, shall
be commenced, conducted and regulated, by the same regula-
tions, and rules of practice, as are observed and prescribed for
the superior courts of this Territory.
7. Be it fturhihr enacted, That appeals and writs of error Appeals tn
shall be taken from the said court in the same manner and under niA.rv to
the same restrictions, as are imposed in the cases respectively, appiis.from
when appeals or writs of error are taken from the superior court S. court
to the court of appeals; and when any case so taken by appeal
or writ of error to said superior court, shall have been determin-
ed therein, it shall be the duty of the clerk of said court, to is-
sue execution against the party and his security, for the amount
of the debt, costs and damages.
8. Be it furtherenacted, That the clerk of said court shall
have authority to issue subpoenas, commissions, and all other
precepts necessary and proper for the conducting and prosecut-
ing suits in said court, in like manner as the clerks of the supe-
rior courts of this Territory; and all sales by the sheriff of said
town, shall be made in the same way, and under such provisions
as are prescribed for the sheriffs of the several counties.
9. Be it further enacted, That all executions issued by the
clerk of said court of Common Pleas, and of Oyer and Termi-
ner, shall be directed to the sheriff of said town of Appalachicola.
10.' Be it further enacted, That said court shall be holden
in said town on the first Monday in May, and third Monday in
November in each and every year.
11. Be it further enacted, That the said court shall in such Court shall
manner as is, or may be provided by law, for drawing juries, drawgrand
draw a grand jury of lawful jurors, residing in said town, to serve jury.
at each term of said court; who shall inquire into, and present
all offences, committed within the limits of said town.

12. And be it furtlhr enacted, That all laws, and parts of-
laws, militating against the provisions of this act be, and the
same are hereby, repealed.
Passed, Jan. 31, 1831. [APPROVED, Feb. 7, 1831.

An ACT for the relief of Charles E. Lawkins.
WHEREAS, upon the petition of the grand jury, ompanneled
in, and for the body of Munroe county, at the last November
Term ofthe superior court for the southern judicial district ofFlorida,
as well as upon the petition of the people of the said district, for
the relief of Charles E. Hawkins, now in the custody of the
Marshal of the said district: And, whereas, also, three terms of
the superior court have elapsed since the alleged commission of
the crime, for which he is now in custody, and that by the shew-
ing of the said petitions, ie can never he tried in the said district,
because the citizens when summoned as jurymen, in the said case,
generally answer on oath, that they believe the said Charles E.
Hawkins ought to be acquitted-And whereas, his further con-
tinuance in custody, under tile circumstances of the case, would
in all probability amount to perpetual imprisonment, in violation
of the liberty of the- citizen, whose fair and speedy trial is guar-
anteed by the Constitution of the United States, and the great
expense of his confinement, already amounting to the sum of
near sixteen hundred dollars, and which will be greatly increased
by the detention of the said Charles E. Hawking in custody :
c.E. w. Now therefore be it enacted by the Governor and Legislative
kin relea- Council of the Territory of Florida, That the said Charles E.
from custo- Hawkins, be and he is hereby dischargedfrom the custody of the
dv o1 'nr- Marshal of the southern judicial district, and it shall be the duty
shal south-
ern district of the marshal of the said district forthwith to release him. This
act shall be in force from the passage thereof.
Passed, Jan. 27, 1831. [APPROVED, Jan. 28, 1831,

An ACT regulating our citizens trading with the Indians-and for other purposes
therein mentioned.
HVHEREAS, the safety, welfare and tranquility of the Territory
of Florida, do in a great measure depend on the maintaining tile
Preamble. good correspondence between the citizens of this Territory and
the Indians in amity with the good people of thq same : And
whereas, many inconveniences have arisen from private persons
trading with them without licences:
1. Bc it enacted by the Governor and Legislative Council
of the Territory of Florida, That for the better preventing6 dis,,

Irbance mnoni the Indians 1)v persons barterine with them Ir
the woods. or hunting within their limits, or in any otherwise tres- All me'"?O)
p rolhzbbted
passing on the same, that from and after the first day of March trom t.~d-
next. it shall not be lawtul for any person or persons to sell, ina itn in-
barter or exchange with any Indian or Indians. any rum, or other or
strong liquors, clothing, arms. ammunition, or any thing whatso- witnin th'h
ever, in the woods, in their hunting grounds, or within our settle- limit.
ments. or at any other place, other than a storehouse, or at stOttes,
or houses licensed for that purpose ; or shall hunt, or trespass on
the lands beyond the present boundary line-And every one, so
offending as aforesaid, shall forfeit and pay, upon legal conviction,
before any court of this Territorv havinE jurisdiction of the same, Penalty of
the sum of five hundred dollars, eood and lawful money, one half o',o0infli
thereof to be paid to him, her, or them, who shall sue for and
prosecute such offenders to conviction, and the other half for the
use of the Territory; and if such offenders shall not have suffi-
cient effects whereon to levy such fine, then in every such case the
offender shall suffer coporal punishment; by whipping, not ex-
ceeding thirty-nine lashes on the bare back, to be inflicted, by Offnd'rtG
hc u onrah bote whi!ip'd
order of the judge of the court, at which such offender shall have i u e to
been convicted. And the Justices' of the Peace upon complaint pay fine.
made of any such offence, are hereby authorised, and required, to
bind over the offender by recognizance, with sufficient securities,
for his appearance at the next court having jurisdiction of the
same, to answer such action, or information, as shall then be Justice of
brought or exhibited against him, her or them, pursuant to this feace lo'in
act; and for want of suretics, to commit such offenders to the act.
common jail.
2. Be it further enacted, That from and after the first day
of March next, if any person or persons whatsoever, (other than Act toroin
such as duly take out license, or licensed from the proper authori- fore rst
ty) shall directly, or indirectly, trade or traffic with any indian or
indians, except for the necessary supply of provisions, in their
passing or repassing to and from the nation, or shall presume to
erect, or set up any houses, or huts, on the lands reserved for the
indians, shall be proceeded against as before directed.
3. And be it further enacted, That all and every person, or
persons, whites, half breeds, indians, mulattoes, or mustigoes, Inveicling
who shall inveigle, steal, or carry away any slave, or slaves, or 'eay av"'e
shall hire, aid or counsel any person, or persons to inveigle, steal
or carry away as aforesaid any such slave, or slaves, or shall aid
any such slave or slaves in running away from his owner or em-
ployers service, or shall give a ticket or pass, whereby such slave
shall depart from the service of his, or her, said owner, manager,
or employer, shall be, and he, and they are hereby declared guilty
of felony, and, being thereof convicted, shall be punished by a
fine not exceeding five hundred dollars, or whioniu~ not exceed-
ing thirty-nine stripes, or imprisonment not exceeding two ycars,

at the discretion nr tl'p court. And so mni-h of the laws now iB
force(' s ,niltate aiunst, or contradict this law, be, and the same
are hereby, repealed.
Passed, Jan. 22, 1831. [APPROVED, Jan. 28, 1831.

An ACT to provide for the appointment of Pilot< for the St. Johns and Nassas
rivers, in lhe e''rritorv of Florida-and ior other purposes.
S1. Be it enacted hb the Gortrnor and Legislatire Council
of 'fi Territory of 'lorida, That Isaiah D. Hart, Farquhar
Bierltun, and John Houston, be, and they are hereby, appointed
co)li J.,ioners of pilotage for the bars and rivers of St. Johns
and Nassau, and thev are hereby charged with the duty of grant-
inr branches to pilots for said bars and rivers, to establish rates
of pilotace, and to prescribe all the necessary rules and regula-
tions for the government of said pilots.
2. And be it further enacted, That the act entitled an "act
to establish the rates of pilotage for the St. Johns river in the
Rcoe'l f Territory of Florida," approved, 20th January, 1827, and all
acts, and parts of acts, giving power to the county courts to ap-
point pilots for said bars and rivers, be, and the same are hereby
repealed.
Passed, Feb. 2, 1831. [APPROVED, Feb. 7, 1831.

An ACT to amend anact regulatingthe mode of proceeding on Attachments.
Property 1. Be it enacted by the Governor and Legislatire Council
claim d :as of the Territory of Flrrida, That property claimed as in the
Sact of"j third section of the act, regulating the mode of proceeding on
rep!eviable attachments, approved November second, 1829, shall be reple
&c. viable as in other cases.
2. Be it further enacted, That the appearance of the de-
Appear- fendant in attachment, in court, shall not operate as a dissolu-
anc(ofdejt
n1,o dis- tion of the attachment.
so:,e at- 3. And be it further enacted, That the sixth section of said
t :cninent. act, and so much of the tenth section of the same act, as requires
0;, a part the defendant in attachment to give a replevin bond for the re-
o:' I'II c. delivery of the property to the Marshal, or other officer, at the
o ci.. term of the court, to which said attachment is made returnable,
l ''e ia be, and the same is hereby, repealed, and said parties shall be
required to give bond as prescribed in said last section, condi-.
bond to be tiond for the delivery of the property to abide the judgment of
ee, thte court.
Passed, Feb. 7, 1831, [APPROVED, Feb. 11, 1831.,

.*n \CT cdncirmne the towu oai i jy s.
WTTrTAs, The president of the town council of Key We~V
iecelccted to order an election, bfr town councilmen, on the lirst Preambli
MIonday in January, 1830, according to the provision of the act
ff incorporation, passed the 8th day of November 1828. And,
whereas, the citizens of said town did, on the first Monday in
January 1831, assemble together, and hold an election tbr town
councilmen to govern said town, and doubt having arisen, as to
She legality of said election, under the act aforesaid:
1. iBe it therefore enacted by the Governor and Leqislative
Council of the Territory of Florida, That the act of incorpo- Actsof tlh
ration aforesaid is hereby revived, and that all the acts of the L. Coui"",
president and Council are hereby made valid and binding in law: made valit
Provided, That none of said acts are contrary to the laws of
this Territory.
2. And be it further enacted, That if the president of said
town council, shall refuse, or neglect to advertise for the election
of town councilmen according to the act of incorporation, it shall 'lerk to ad
be the duty of the clerk of said town to do so; and if the clerk vertise. &
shall neglect or refuse to advertise for said election, it shall and
may be lawful for the citizens of said town to assemble at any
convenient place in said town and appoint judges to conduct the
election, and they shall then proceed to elect seven town council-
men.
Passed, Feb. 4, 1831. LAPPROVED, Feb. 9, 1831.

An ACT concerning the Literary futl.
WHEREAS, the security and prosperity of all popular gov-
ernment depends on the virtue and intelligence of the people;
and virtue and intelligence can only be expected as the result of
a correct and efficient system of education, it becomes the duty rea
of government to provide for the people such means of instruc-
tion as are necessary to qualify them forthe intelligent and honest
discharge of their duties as citizens: And, whereas, the scattered
state of our population renders the general introduction of the
most approved system of common school instruction impractica-
ble: And, whereas, it is highly important, that the best system
of education of which the circumstances of the Territory will
admit, be introduced, before our habits and institutions become
too well established to be easily changed-Therefore
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the Governor he, and lie is hereby, C(mn'mra'
authorised and required to appoint three commissioners, one of iotct?
whom shall reside in the eastern, one in the middle, and one in
thr. western district, whose duty it shall be to inquire into tire
C31

10

condition of the schools in the Territory; the wants of the pc5
pie in regard to the subject of education, and the means bes
calculated to relieve these wants; and to report to the next lc
gislative council the number of schools in the Territory; the
number and qualifications of teachers; the branches usually
taught, and the various modes of instruction adopted in them;
the number of children receiving education in these schools, and
the number of children in the Territory destitute of the means
of education, And also to report what in their opinion is the
best system of general instruction, adapted to the condition and
wants of the Territory, and the best mode of obtaining the funds
necessary for its establishment; and any other facts and infor-
mation, connected with the subject, which they think important
to be laid before the legislative council.
S 2. Be it further enacted, That all fines and forfeitures which
have heretofore accrued to the Literary Fund of this Territory,
tine; to no as well as all fines and forfeitures, which may hereafter accrue,
tot shall belong to the Literary Fund, to be disposed of by the le-
gislative council of this Territory.
Act F29 3. And be it further enacted, That the act of the legisla-
repealcd. tive council, approved November twenty-second 1829, entitled an
"act to incorporate the President and Directors of the Literary
Fund," be and the same is hereby repealed.
Passed, Feb. 11, 1831. [APPROVED, Feb. 13, 1831.

An ACT concerning the Laws of this Session.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That all laws of a general nature passed
Lawsto b at this session of the legislative council, where not otherwise
in force af- provided for, shall not be considered in force until the first
ter isApril day of April, one thousand eight hundred and thirty-one.
Passed, Feb. 13, 1831. [APPROVED, Feb. 13, 1831.

An ACT concerning Criminal., and to repeal an net therein mentioned.
I 1. Be it enacted by the Gevcrnor and Letislative Council of
Prosecutor the Territory of Florida, That it shall be the duty of the seve-
required. ral prosecuting attorneys, in this Territory, before presenting
bills of indictment to the grand jury, to require a prosecutor,
whose name shall be endorsed on the back of the indictment.
2. Be it further enacted, That it shall be the duty of the
grand and petit juries in this Territory, when any indictment
D'itv. shall b- brIucht before them, and they shall iind the same to be
gr,- malicious, and without probable cause, to make such finding and,
petLjtrhzV ,-

17

return to the court; under such cases, the prosecutor shall pay'
all costs which may have accrued on said prosecution.
3. Be it tfirtlhr enacted, That it shall be lawthl for any r .tvojith
marshal, sheriff or constable, serving any criminal process, to ma"r"al
summon a sufficient number of men to assist in arresting or safe
keeping, any person who refuses to be taken, or who is likely to
make his escape; and if any person summoned as aforesaid, shall
disobey such summons, he shall forfeit and pay the sum of ten
dollars, to be recovered before any justice of the peace, for the
use of the Territory.
\. 4. Be itfurther enacted, That the twelfth section of an act, tct ofli.
entitled an "act for the apprehension of criminals, and the pun- revived.
ishment of crimes and misdemeanors," approved 19th of Novem-
ber, 1828, be and the same is hereby revived.
5. Beit further enacted, That any person, or persons who Personsdis
are, or may have been committed to prison, and have come within chiar'ged
the provisions of the foregoing section above revived, be and
they are hereby required, to be discharged, in the manner pre-
scribed in said twelfth section,
6. And be it further enacted, That an act entitled an "act Actofl29
to amend an act for the apprehension of criminals, and the pun- repealed.
ishment of crimes and misdemeanors," approved 15th November
1829, be and the same is hereby repealed.
Passed, Feb. 13, 1831. [APPROVED, Feb. 13, 1831..

An ACT to provide for the permanent location of the seat of Government in the
Territory of Florida,
1. Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That with a view to the permanent lo- Com'rsto
cation of the seat of government for this Territory, there shall be be appoinA
appointed by the legislative council, at its present session, five ed, &c.
persons as commissioners, one of whom shall be from the eastern,
two from the middle, one from the southern, and one from the
-western -Judicial District. That said commissioners shall meet
at such time and place as they may deem proper, and shall pro-
ceed to examine all such places as, in their opinion, might proba-
bly be the most eligible site for the permanent location ot' the
seat of government for this Territory.
Sec. 2. Be it further enacted, That Jose A. Trias, from the
eastern district; John Gamble and Malcolm Nicholson, from the ames
middle; John Porter Lockhart, from the western, and Theodore cornr
Owens, from the southern judicial district of this Territory, be
and they are hereby appointed commissioners as provided for in
this act, to make said selection and report.
Sec. 3. Be it further enacted, That said commissioners shall
-make to the Governor of this Territory a detailed report of their To mak.

rooticediuns, setting forth the situation by them selected for thI
purpose aforesaid, particularly describing its location, its com-
parative advantages over other places by them examined, and to
assign their reasons for their selection. And it is hereby made
the duty of the Governor to lay said report before the next legis-
lative council, during the first week of its session.
Sec. 4. And be it further enacted, That said commissioners
Sre.deive shall receive for their services each three dollars per day: Prori,
ded, The number of days shall not exceed thirty; and if anv or
either of said commissioners shall fail or refuse to serve, the re-
maining members shall and may proceed to fill the vacancy by ap-
pointment from the same district.
Passed, Feb. 13, 1831.
[REJECTED by the Governor, Feb. 13, 1831.
Rerunsidered by the Council, 1Ith Feb.1831, and passed by tho requiaito majority

--*--

An ACT to amend an act concerning the appointment of Auctioneers.

;o deputy Sec. 1. Be it enacted by the Governor and Legislative Council
owed. of the Territory of Florida, That it shall not be lawful for anj
Auctioneer in this Territory to sell any goods, wares, or merchan-
dize, at auction by deputy, or otherwise than in person, from and
after the passage of this act.
Sec. 2. Be it further enacted, That if any auctioneer shall
.~2000 fine after the passage of this act, sell any goods, wares, merchandise,
or other produce, at auction, by deputy or otherwise than in per-
son, such auctioneer and his securities, shall pay a fine of two
thousand dollars to the Territory, for every sale so made, to he re-
covered in any court in the Territory having cognizance of the
same.
Sec. 3. And be it further enacted, That if any auctioneer
i'n & im. shall make a false or insufficient return of the monies received
prsonment )b him for the Territory, he shall be indictable, and if convicted,
traisor~e small pay a fine in any sum above ten, and under one thousand dol-
lars, or imprisoned for any time less than sixty days, such fine or
imprisonment to be according to the finding of the jury.
Passed, Feb. 7, 1831. [APPROVED, Feb. 10, 1831.

An ACT concerning Letters Testamentary and of Administration.
Letters tes- 1. Be it enacted h3l the Governor and Legislative Councih
.amfinarv of the Territory of Florida, That all the letters testamentary
h. el ofn and of administration heretofore granted by the clerk of the coun-
Lscamnli; ty coiut of Escanbia county, be, and the same are hereby, con-
qrv.ratifid firmned and. made valid in law, to all intents and purposes, in th:

%same ra&nn(r, nnd to the s-'ne extent ns if t"- s-r-n 1'- :ad beea
grurd i) th'i jutiige of the county court or said counllt.
'i 2. Andi-bd it further enacted, That whenever the presiding r':'"li ofc-.
justice of any county court shall reside or be more than ten miles c, r: -u-
from the place of' holding court, in any county in this Territory, ti.cr;,
the clerk of said court shall have full power to grant letters testa- lee.tTs.
mentary and of administration in the same manner as the said
presiding justice may do according to law.
Passed, Jan. 24, 1831. [APPROVED, Jan. 29, 1831.

-<-
An ACT at.horising John W. I.evinus to build a bridge nver the Ocklocknee river.
at or near lunday's terry.

I. Be it enacted by the Governor and Legislative Council of J. .~ .i.
the Territory of Florida, That John W. Levinus be,and he is nu, anthor
hereby, vested with the right and power, of building.a bridge, is'dtobunld
and charged with the duty of keeping the same in repair, across a bridge a-
par -cross Ock-"
the Ocklocknee river, at or near the place known as Munday's locknee,
ferry, and shall continue in the enjoyment of the same for twenty
years, from and after the passage of this act, or so long as the said
Levinus, his heirs or assigns, shall keep the same in good repair,
(unavoidable accidents excepted) for the-safe crossing of such
vehicles, &c. as travel the road, and shall be allowed to receive the
prices of toll allowed by law, to be received at the other bridges
and ferries across saidlriver: Provided, nevertheless, That noth-
ing in this act shall be so construed as to authorise said Levinus, t fa oro
or his assigns, to obstruct .any ford, or prevent any person from
crossing at any place which has heretofore been made use of as
a ford.
2. Be itfurther enacted, That no person shall have the right 'o person
to build a bridge or establish a ferry within one mile of said bridge to build in
for the purpose of gathering toll. one mile.
3. And be itfurther enacted, That the said Levinus is here- To receive
by authorised to receive toll, as soon as the said bridge isin good toll
repair, agreeable to the intent of this act.
Passed, Jan. 29, 1831. [APPROVED, Feb. 2, 1831.

An ACT concerning the Auditor and Treasurer of Florida.
Sec. 1. Be it enatced by the Governor and Legislative Council auditor
of the Territory of Florida, That there shall be appointed an pointed for
Auditor of public accounts, who shall hold his office for the term one year.
of one year from the time of his appointment; subject, neverthe-
less, to removal from office by the Goveriior and legislative coun-
cilor during tde recess thereof by the Executive; and when any

person appointed a aforesaid, shall resign or die, or be removed.
during the recess of the Legislative Council, it shall be lawful for
the Governor to appoint a successor to act until the end of the
next session of the legislative council.
Sec. 2. Be itfurther enacted, That it shall be the duty of the
auditor to examine, state, settle and audit all accounts, claims or
demands whatsoever against the Territory, arising under any law
?Iis duty. or resolution of the legislative council, and to grant to every pub-
lic claimant, authorised by law to demand the same, a warrant on
the Treasurer for the sum due, making due entry of his daily
proceedings in books provided for that purpose, and carefully
preserving in his office all receipts and papers touching the same,
and shall annually on the last day of November transfer the bal-
ance to a new account to be opened by him on the first day of
December : lie shall also keep an account with the Treasurer of
the Territory.
to ive Sec. 3. Be it further enacted, That any person hereafter ap-
bond inthe pointed auditor shall give bond with such security as shall be ap-
sum ofrs,- proved by the Governor, in the sum of five thousand dollars,
OUU, &c. payable to the Governor, or his successor, in trust, for the use of
the Territory of Florida, conditioned for the faithful discharge
of the duties of his office.
Sec. 4. Be itfurther enacted, That the auditor of public ac-
counts shall annually, within the first ten days of every session
To report of the legislative council of the Territory of Florida, make a
tj council. report containing as follows, that is to say-First, a statement of
his settlement with the territorial treasurer of funds belonging to
the Territory, and as trustee for the school fund, with a summary,
reducing to general heads, the receipts and payments, and show.
ing the amount under each head. Second, a statement of the
amount of revenue received from, or chargeable to each county,
and the expenses which have accrued in each judicial district for
the current year. Third, an estimate of the public expenditures
and public revenue for the current year succeeding. Fourth, a
statement of his settlement with the trustees of school lands in the
several counties. Fifth, a statement of the amount of fines re-
ceived from each judicial district, and also the amount due, and
to whom chargeable. Sixth, a statement of all debts due to and
from the Territory, shewing the names of the debtors and credi-
tors, the sums due from and to them respectively, and the nature
of the debts. Seventh, the name of any person who has failed
in any duty enjoined upon him by this act, and a specification of
such failure. Eighth, any information relating to the funds of
the Territory, which he shall consider for the public good, to be
communicated to the legislative council.
Sec. 5. Be it further enacted, That all officers now required
oreer to by law to report to the Territorial Treasurer, shall report to the
auditor. Auditor, under the same penalties, as are now prescribed by lawi

21

jec. G. 1e ilt jrthrr enacted, That all money p',d into the
treasury, shall be upon an order 'rom the auditor to the treasurer
to receive, number trom one upwards, to the end of the fiscal year, Amihor w,
and ever person making- payment as aforesaid, shall take dupii- i:v iuji-
cate receipts, one of which he may keep for his own security, the ,Lrce p"
other he hall hand to the Auditor, which shall be filed in his of-
fice numbered as aforesaid, and be authority for his placing the
amount to such individual's credit, and charging the treasurer for
said amount.
Sec. 7. Be it further enacted That all accounts which shall
be serttlcd by the Auditor, must be receipted and filed in his office,
numbered as aforesaid, and he shall draw a check on the treasurer,
in favor of the claimant for such amount (which check shall ex-
press by reference, to some one general head of expenditure, the To be ~ le
cause for which it is drawn) which the treasurer shall pay out of inhiisofickr-
any money in the treasury not otherwise appropriated: Provided,
that the auditor shall not check in favor of any one indebted to
the Territory, or to any officer who has failed to make return to
the auditor as required by law, or any rule made in pursuance
thereof, or to any clerk of superior court, or marshal, until he has
first made and subscribed an oath (before the auditor, or some
other one authorised to administer oaths) that he has made a true
return, and accounted to the Territory of Florida for all lines
and forfeitures, or other monies that may have come to his hands
as clerk or marshal, as the case may be.
Sec. 8. Be it further enacted, That the auditor and treasurer,
by and with the advice and approbation of the governor, shall To make,.
make such other rules for the government of the treasury depart- rules, &c
ment, as to them may appear necessary and convenient: Provided
such rules be.not contrary to any law of this Territory.
Sec. 9. Be itfurther enacted, That the auditor shall at all To furnis
times, when required by the governor, furnish any information lie allinfrma
may possess in relation to the department; and the office of the tionheinay
said auditor shall at all times be subject to the inspection of the posess.
governor, or any person he may appoint for that purpose.
* Sec. 10. Be it further enacted, That no account shall be evi-
dence of debt, or be allowed as an offset, in any suit where the No ac'cunt
Territory is a party, until it first be audited and allowed at the nllowed
treasury department; and all claims of the Territory against any offs1t until
individual, when properly certified by the auditor, under seal of audited.
office, shall be received as conclusive evidence of such debt, in
any court of this Territory.
Sec. 11. Be itfurther enacted, That the auditor is hereby au-
thorised to purchase such furniture and stationary for his office,
not to exceed fifty dollars, as he may require, for the use of his Audifor to
office, and draw upon the treasurer for the same; and also to pro- niture, ir
cure a seal of office, with the following inscription-" Auditor's
Office, Florida,"

Not alto,- Sec. I 1. T',. i! ftrtlh'r nacted, That the auditor shall not, h
ed to stand any instance, be received as security upon any officer's bond, wh<
security. is charged with the a;ses ing or collection any revenue belonging
to the Territory of Florida, or in the collection of fines and for
features.
alari of Sec. 13. Be it further enacted, That the auditor shall receive
the auditor
:,?40u. as full compensation for his services the sum of four hundred dol
lars, to be paid quarter yearly out of any money in the treasury,
upon a draft of the Governor, and receipted by said auditor.
To reside Sec, 14. Be it further enacted, That theauditor and treasure
in T'al -i. shall reside in the city of Tallahassee, and shall attend regular:
J:ssee'. to the duties of their respective offices.
Sec. 15. And be it further enact.::1, That all laws or parts o
Laws re- laws repurfnn: t to, or inconsistent with, this act be, and the same
are hereby, rep, ;.Ied.
Passed, Feb. 13, 1831. [APPROVED, Feb. 13, 1831

An ACT to prov! ,' for holding Superior Conrts In the county of Washington.

STwo 1. 'Be it enacted by/ the Governor and Legislatire -' nceil o
the Territory of Florida, That the judge of the superior court
of the western district of Florida, be required to hold two term
of said court, in each and every year, at the court-house o
Washington county.
2. Bc itffurther enacted, That said court shall be holden or
Time. the first Mondays in June and December, in each and every year
until otherwise provided for by law.
3. And be it further enacted, That hereafter the said supe-
ime an r- rior court shall be held in the county of Walton on the last Mon-
ton co. days of May and November,
Passed, Jan. 31, 1831. [APPROVED, Feb. 7, 1831.

An ACT relating to Injunctions.
Be it enacted by the Governor and Legislative Council of lht
Arto ofN- Territory of Florida, That the fifth section of an act, entitled
repealed. "an act to regulate proceedings in Chancery," which was ap.
proved on the seventh day of November, A. D. 1828, shall be,
and the same is hereby repealed.
Sec. 2. Be it further enacted, That the provisions of the
twenty-seventh section of the before recited act, shall be applied
to and -overn in cases where there has been neither verdict nor
inquest of damages.
.Passed, Feb. 11, 1831.. [APPRoVED, Fob. 13, 1831,

An ACT concerning Patrol,
ec. i. ~Th it e1maed bl he Govrernor' an Lrzisatjve (Cmmncirof
;',' i' rrior ,,f Il morida, That it shall bh the duty of the Cap- Pntrol dis.
ains of tile -everai district companies within this Territory, to is t., h
-anuse their respective districts to be divided into convenient Pat- establisbex
0ol districts, which divisions ishall not be altered, unless by the
consent of ai majority of the officers cf the said company, and in
case the Captain of any district company, shall neglect to perform
the duty herein before required of him, he shall forfeit and pay
:hie sum of ten doll-ir, to be recovered before any magistrate in
said Captains district.
Sec. 2. B7" ir further enacted, Th'it it shall be the duty of the Duty&co-
commanding officers of each district company, to cause to be captaitas
made out a roll for enchl Patroi district, which shall include the
names of all the free white male inhabitants, above the are of
eighteen years, residing within the said Patrol district; Provided,
that nothing herein contained, shall be construed to compel any
male inhabitant of any district to perform patrol duty; either in
person or by substitute, who may have attained the age of forty-
live.
Sec. 3. Be it further enacted, That it shall be the duty of the Dutyoftllt
commanding officers of each and every Captains company, at command-
-'verv regular petty muster, to prick off from the roll of each pat- ors, c
rol district, at his discretion, any number of persons, who shall
perform the duty hereinafter prescribed,. until the next regular'
petty muster; and to every patrol, the commanding officer.of the
company, shall appoint some prudent and discreet person as com.
mander, and in case the commanding officer of the company shall
ftil to prick offsuch patrol, he shall forfeit and pay the sum of
ten dollars, for every such neglect, to be recovered before' ahfy
Justice of the Peace.
Sec. 4. Be it further enacted, That it shall be the duty of thA
commander of every patrol, at least as often as once a fortnighti Powers&e
to call out the patrol ynder his command, and to take up all slaves-- ofcomman,
who may be found without the limits of their owners, plantation, ders.
under suspicious circumstances, or at a suspicious distance there-
from, and to correct all such slaves by a moderate whipping with
a switch, or cowskin, commonly called cowhide, not exceeding
twenty nine lashes, unless the said slave shall haye a ticket or
letter, to shew the reasonableness of his or her absence, or slrall
have some white person in company, to give an account of the
business of such slave or slaves-And if any white man shall
beat or abuse atny slave, quietly-and peaceably beinpin hi'ori
hter masters plantation, or found any where without the .samn,
with a lawful ticket, he'shall forfeit the sum of lifty dollhiY, to be
recovered by the owner, and to his use by action of debt, besides
being liable to the owner in an action of trespass for damages
N I

Sec. 5. Be it further enacted, That the said patrols in their?
respective divisions, are hereby authorised and required, to en-
atrols to ter into any disorderly house, or into any other house, vessel or
keeporder. boat, suspected of harboring, trafficking or dealingwith negroes,
whether the same be occupied by white persons, free negroes,
mulattoes, mustizoes, or slaves, and to apprehend and correct all
slaves found there, by whipping, as herein before directed, and
the said patrols are moreover authorized and required, to give
information of such white person as may be found in such house,
vessel or boat, and to detain in their possession, such produce or
articles for trafficking. as mav be found in such house, vessel or
boat, if such detention be authorized by any three freeholders,
or by any justice of the peace, until the same shall be recovered
according to law: And the said patrols are moreover authorized
and required, to disperse all assemblies of slaves, where three in
number or more, may have assembled together, under any pre-
text whatever, except for ordinary labor, without at least two
respectable white persons being with them, who will give satis-
factory assurances of their orderly conduct, and should it be ne-
cessary for the purpow's herein mentioned, the said patrols may
correct said slaves so assembled, by whipping, not exceeding thir-
ty-iiine lashes.
Sec. 6. Be it further enacted, That the commander of ever\
Fine. &c. patrol, shall have power to keep the men under his command,
in good order and demeanor, during their term of service, and
in case any patrol man shall misbehave himself, or neglect or
disobey the orders of his commander, he shall be subject to a
fine of not more than two dollars, to be imposed by the company
court martial, to which such offender shall belong, or before any
justice of the peace, to be paid to the county, for the use of tii
county.
Sec. 7. Bc iftfurther enacted, That if any captain of a pm-
rol shall act disorderly while on duty, so as to defeat the orderly
performance or execution of the patrol laws, agreeable to ild
true intent and meaning thereof, he shall be liable to be return-
ed by any of the members of his patrol, or other persons com-
petent to give evidence to the commanding officers of the di--
trict or any justice of the peace in tie district, who shall order
a court martial for such trial, and upon sufficient evidence bein)
given of the charge. such captain of the patrol, shall be lin(m
in the sum of five dollars, to be recovered and applied as alomb
said, to the une of the couutv.
Sec 8. iB it it'rth{ r (nact(d. That it shall le lawfil for arn
Substitute person or persons. hereby declared liable to perform patrol dui,.
allowed, to send any able bodied white man, between the aces ofeigihwic;
and sixty, to nerfbrm patrol duty for him or them. and if aim
patrol man.. shii niaie,'' o(r reft-e to perftrmi th, d(im require,
of him by this act. or procure a substitute to perform thi samini

without a legal excuse, he shall forfeitand pay a fine of two dol-
lars for each and every default; recovered as aforesaid, before a
court martial of the company of which the offender mny be a
member, or before a justice of the peace, to the use of the coun-
ty, for county purposes: And in all cases where a substitute is
provided, the person employing him, shall be liable for his default.
Sec. 9. Be it further enacted, That each captain of patrol,
shall make a return upon oath, of the performance of the duties making t
of his office, as commander of such patrol, to the captain or of- turns, &ci-
ficer commanding the district company, at the regular time re-
quired by this act, under the penalty of a fine of ten dollars, to
be recovered as aforesaid.
Sec. 10. Be it furtherenacted, That it shall be lawful for any
person or persons, who may be engaged in dispersing any un- placesti
lawful assembly of slaves, free negroes, mulattoes or mustizoes, entered.
to enter into all such places, as the said persons may be assem-
bled at, and if resisted, they may break open doors, gates or
windows.
Sec. 11. Be it further enacted, That it shall be, the duty o Thisat t
the captain or commanding officer of each company, to read be ead to
this act to his company, at least once in twelve months, companies
Sec. 12. Be it further enacted, That nothing hereinmontajnp
ed, shall be so construed, as to deprive the corporate authorities
of any incorporated town, of any power heretofore vested inc.
them, to regulate and order out patrols within the limits of such
corporation. ...
Sec. 13. Be,.i:further enacted, That if any person or per-. Failing to
sons, shall commenan actionhagairs any patrol or other per- convict pa
sons, for any trespass by him. committed, in carrying the P o- onductm
visions of this act into execution and at the trial thereof, shill
fail to recover any damages,. he, she or they, shall .be liable and
adjudged to pay to the party so sued, treble costs. u :
-Sec. 14. Be it further enactd,- That in counties; where the
militia has not been organized into captains companies, it sh Pweral.
be the duty of the justice of the peaceiq said district, or ifthe e owed aJf
be no justice of the peace, then the justice of the, next adiinn d g peace, &o.
district, to make the same provision for the appointment of pat-
rols, under the same penalty as is prescribed in this act against
captains of districts.
Sec. 15. And be it further enacted, That all laws .at, are Repeallag
now in force in this Territory, on the subject of patrols, be, and clause*
the same are hereby repealed,
Pased, Feb. 7, 183L [APPROVED, Feb. 1IN 1834,

An ACT for the relief of Ellen Fo~u,
WHEREAS, it has been satisfactorily proved to this Legislative.
gamble, Council that Nathaniel Foster of the county of Escambia, has
for many years past, been in the habit of treating his wife Ellen
Foster, with extreme cruelty, and has wholly failed to provide
any means of support, for his said wife Ellen and her children,
but has on the contrary, squandered and wasted the little prop-
erty acquired by the hard labor of his said wife Eien, ; and wher,-
as the said Ellen foster has petitionedthis Council to be divorc-
ed from her aforesaid husband-Therelorc, for the relief of the
said Ellen Foster,
Marriage Be it enacted by the Governor and Legislatire Council of lhe
disovld, Territory of Florida, Tiat tlie marriage contract of the s'd
Nathaniel Foster and Ellen Foster, be, and the same i, herci.y
dissolved and annulled, and the said parties are hereby absolu;. iy
divorced from the bonds of matrimony, as fully, ab;6,luiely na'd
entirely, as if they, the said Nathaniel Foster and Ellen 'ostcir
iad never been married.
Passed Jan. 31, 1831.
[REJECTED by the Governor, Feb. 7, 1831L
ecoasidered by the Council, Feb. 7,1831, and passed tly a requiite majornty.

An ACT to nuthorise Stephen J. Roehe, to establi h and keep a ferry across;
IIolmes Creek, in W\asiungon county.
Sec. 1. B it enactle't I the G.vernor and Legislatire Councit
Mayesta- of the Territory of Florida, That Stephen J. Roche be, and
.h ferry. le is hereby vested with the right and power of establishing a
ferry, across Holmes' creek,at or near Merlett's Bluff, in the coun-
ty of Washington, with the right to continue said ferry, for th,
term of six years, from and after the passage of this act.
Sec. 2. Be it further enacted, That it shall not be lawful, for
No other any other person, or persons, to establish or keep a ferry, within
&c, five miles of the ferry, by this act provided for, unless the same
shall be for his, her, or their own exclusive use, and not for tho
purpose of receiving tolls.
Sec. 3. And be if farther enacted, That it shall be the duty
of the said Roche, his heirs or assigns, at all times tokeep in good
To kepa repair, a flat boat of sufficient size to carry across said creek, a
good &-.. waggon and team, and that he, or they, shall be entitled to re-
ceive toll at said ifrrv, at suci rate, as shall be established and
prescribed by the county court of Wasiington county, or the i.
gislative council.
Passed Feb. 1, 1831. [APPROVEUD-Feb. 9, 18317

Az ACT Telating to the distribution of the Laws of thbs Ter-itoy.
5ec. 1. Be it ena'.tel by the Governor and Legisat,: e 'ounci!
of tih. Territory of Flori.ta, That the Statutesof tins Terr to-
rv, shall be hereafter distributed, under the direction of'the Gov-
ernor, in the manner thllowupg, to-wit: To the President, and
heads of departments, and attorney general of the United States,
each one copy,-to the library of congress, two copies,-to the PNr.onmen-
delegate in congress, one copv,-to the executive of every state 'itled :"e-
ceive o py
and territory, each one copy,-to the governor and secretary of of the laws.
this territory, each one copy,- nid also one copy for each of
their officers,-to the several judges of the superior courts of
this territory, each one copy, and also one copy to be left at each
place where their courts are holden, to be kept by the clerk of
said court for the use thereof,-to the clerk of the court of ap-
peals, for the use of said court, five copies,-to the mayor of
each incorporated city or town, each one copy,-to each incor-
porated college or academy, one copy,-to each member of the
preceeding legislative council, and the chief clerk thereof, one
copy,-to the treasurer, aulitor, ijudes of county or other spe-
cial courts, marshals, sheriffs, justices of the peace, district it-
torneys, clerks of superior courts, and l'erks of county or other
special courts, brigadier generals, anid adiitant generals of niii-
tia, commanders of military and navai forces of the United States,
at each port or station in this territory, and such other public of-
ficers of the United States or Territory, as the governor any
deem necessary, oech one copy; to be preserved by them t:,r
the use of their oilice and delivered on resignation, removal
or discontinuance, to the clerk of the county, or county court,
for their successors in office, and which duty shall be performed
by their representatives in case of death.
Sec. 2. Be it further enacted, That after the distribution afore-
said, and retention of fifty copies in the executive office, for the SFlcpiest*
use of the legislative council of the territory at their liture ses- by th' gue'
sions, it shall and may be lawful for the governor to direct the
said publications to be held for sale at cost, under his directions,
by the clerks of counties, or such other persons as he may ap-
point, so that the same may be distributed among the people gen-
erally,and the proceeds shall be paid by the persons making sale
thereof, into the territorial treasury, and report thereof make to
the governor when required.
Sec. 3. And be it further enacted, That it shall be the duty Clrlia to
of the clerks of the counties, (if the governor shall deem it prop- ilitr i ute
er to appoint them) to distribute said publications, and to receive the laws.
the same into their offices, and to give receipts therefore, to be
filed in the secretary's office, and to deliver the same to the
officers entitled to receive the same when called for, without fee,
4 d to take receipts therefore, and each and every officer, so re

&eiving such publication, shall be responsible for the same, and
in case the same is not delivered up Ibr the use of his successor
in office, as before directed, he or his representative, as the case
may be, shall forfeit and pay to the territory double the cost of
said publication, to be sued for by the clerk of the county.
Passed, Feb. 10, 1831. [APPROVED, Feb. 13, 1831,

An ACT to repeal the act to divorce Mary Carter, from the bed and board of her
husband, William Carter.

ormer act 1. Be it enacted by the Governor and Legislative Council
of divorce f the Territory of Florida, That "an act to divorce Mary Car-
repealed. ter, from the bed and board of her husband William Carter,"
be, and the same is hereby repealed and annulled.
Passed, Feb. 12, 1831. [APPROVED, Feb. 13, 1831.

An ACT to provide for the building a Jail at Key West.
WHEREAS, the grand jury for the body of the county of Mun-
roe, at the last term of the superior court held at Key West, did
Preamble. present, upon their oaths, the great want and necessity of a jail
in said county; and it having appeared to the satisfaction of this
house that criminals cannot be safely kept in custody, and tak-
ing into consideration the very great expense to the territory for
guarding and feeding prisoners in said county : Now, therefore,
Be it enacted by the Governor and Legislative Council of the
o200 ap- Territory, of Florida, That a sum of money not to exceed two
propriaed. thousand dollars, be appropriated, (and it shall be retained by
the persons hereinafter named as commissioners) for the building
of a jail and cistern, at Key West, in said county, from the ter-
ritorial tax on auction sales in the town and county aforesaid,
sufficient to build said jail, which shall be of sufficient dimen-
sions and strength, and a cistern sufficiently large for the use of
the same.
om're. Sec. 2. And be it further enacted, That Lackland M. Stone
appointed. and William A. Whitehead be, and they are hereby appointed
commissioners to superintend and carry on the building of said
jail and cistern at Key West, in the county aforesaid.
Sec. 3. Be itfurtherenacted, That it shall and may be lawful for
the said commissioners to purchase a lot of sufficient size, upon
t purchase which to build the said jail and cistern, at such place in said town
tot, &c. as they may think best suited for such purpose, the price of which
shall not exceed two hundred dollars, and a good and sufficient
tite shall be taken by the commissioners in the name of the ter.

'-itorv of Florida, whose property the same shall be and remiiii
foreve r.
Sec. 4. Be itf trther [enacted,] That the said commission-
ers shall keep regular accounts of the receipts and expenditures .t ftiAM
of money which they shall from time to time receive and pay out cumin'rF.
for account of the building of said jail and cistern, and it shall
be their duty, to make regular returns to the treasurer of the
territory of all monies by them received, and expended for such
purpose; and that they shall also be required to make a report
to the legislative council at their next session, of the progress
made in the building of said jail and cistern.
Sec 5. Be it hfrther enacted, That the said commissioners To give
shall give bond to the territory, in the sum of two thousand dol- bond, &c:
lars each, for the faithful performance of the duties assigned them,
and for the completion of the said jail and cistern within the
term of two years after the passage of this act, the same to be
taken and approved by the presiding justice of said county.
Sec. 6. Be it further enacted, That if any auctioneer in said
county shall refuse or neglect, when called upon and required Actioneerd
re!;uing t%
by the commissioners, to pay over to them any money which said pay, Ac,
auctioneer shall have collected and received as the territorial tax
on auction sales, such auctioneer or his securities shall forfeit and
pay a fine of one hundred dollars, to be applied to the purpose
of building said jail and cistern; and the attorney of the terri-
tory shall forthwith institute suit against any such auctioneer and
his securities, and prosecute the same to judgment, in any court
in the territory having cognizance of the same.
Sec. 7. And be it further enacted, That this law shall take Whentobe
effect from its passage and shall continue in force until the jail in force.
and cistern aforesaid shall be completed.
Passed, Feb. 5, 1831. [APPROVED, Feb. 10, 1831.

An ACT concerning Practitioners of Medicine in this Territory.
Sec. 1. Be it enacted by the Governor and the Legislative
Council of the Territory of Florida, That any individual de-
sirous of practising medicine and surgery, in the Territory of What re
Florida, shall be enabled to do so, by pursuing one of the follow- quisite to
ing methods-First, he [shall] file in the office of the county practice;
court of the county in which he may intend to reside, a diploma
from some medical college-Secondly, or he shall filed in the office
aforesaid, a certificate, signed by at least two practising physi-
cians, residing in this Territory, who shall be regular graduates
of some medical college-Thirdly, or he shall file in the office
aforesaid, signed by some professor of a medical college, that
they have attended one course of lectures in some one of the

80

tnedical colleges aforesaid, and also a certificate from one of the
physicians aforesaid.
Sec. 2. Be it further enacted, That any individual failing to
Fine, &c, comply with the before recited provisions, and attempting to prac-
tice medicine or surgery, shall on conviction thereof, he fined in a
sum not less than fifty dollars, or more than two hundred dollars,
at the discretion of the jury.
Sec. 3. And be it further enacted, That the act of the legis-
Form-ract lative council, entitled "an act to establish and incorporate a
reepealed. Medical Board in and for the Territory of Florida," be and the
same is hereby repealed.
Passed, Feb. 5, 1831. [APPROVED, Feb. 10, 1831,

An ACT for the r'iif of Susan Martino.
SWHEREAS, it appears to the satisfaction of this Council, that
Peter Martino, has violated his conjugal fidelity to his wife Su-
Preambic san Martino, formerly Susan Roan, and has wholly abandoned
his said wife-Therefore,
Be it enacted by the Governor and Legislative Council of the
Marriage Territory of Florida, That the said Susan Martino, he hence-
dirsolved. forth divorced from the bands of matrimony, from her said hus-
band, and the marriage contract of the said Susan and Peter, beo
and the same is hereby absolutely annulled and dissolved, as fully
as if they, the said parties, had never been married.
Passed Jan. 31, 1831.
[REJECTED by the Governor, Feb. 7, 1831.
Reconsidered by the Council, Feb. 7, 1831, and passed by the requisite majority.

An ACT to amend an act relating to Crimes and Misdemeanors committed by
slaves, free negroes and mulattoes.
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That so much of the ninth section of the
tornneract act to which this is an amendment, as authorises justices of the
pealed. peace to grant licenses to free negroes and mulattoes to carry fire
arms, be, and the same are hereby, repealed.

J[APPROVED, Feb. 7, 1831

11"sedl, Jan. -04, 1831.

,n ACT crncerning the Coundary Line of the Etaofyo tae~bi.
1. Be it enacted by the Governor and Lcgislalive Council Act .f
of the T,:rritory of 17orida, That an act, entitled "An act to repealed.
establish the boundary line between Leon and Jefferson counties,"
approvedd the fourteenth day of November, one thousand eight
hundred and twenty-nine, be and the same is hereby repealed.
Sec. 2. Be it further enacted, That the county of Leon shall
comprise that part of the Territory comprehended within the fol-
lowing boundary lines, viz. On the west, beginning at a point
on the Gulf of Mexico, where the line between range two and
three, south and east, strikes the same; thence north with said "ouadarie'
ranne line to the south west corner of township one, range three,
-(.iuh rnmi oist: thence in a direct line to where the Mickasukie
inks ; thence up said lake to the south boundary of township
number three, range number three, north and east; thence up
the lake to the eastern boundary line of section number thirty-
tfur, in said township, number three; thence north with the east-
ern boundary lines of sections number thirty-fovr, twenty-seven,
twenty-two, and fifteen, in said township, to the Georgia line;
thence along the Georgia line to the present line between the
counties of Leon and Gadsden; thence with the eastern boun-
dary line of Gadsden to the Gulf of Mexico; thence along the
Gulf to the beginnings.
Passed, Ieb. 12, 1831. tAPPROVED, Feb. 13, 1831z

An ACT relaTng tojudgmentts and e.ecftlio.
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That judgments obtained in the several
courts of this Territory, shall bear interest, at the rate of eight Jud'mean?
per centum per annum-And the clerks of the said courts, shall to bear nt
endorse upon all executions issued by them, the time when such
judgments were rendered-Provided, that nothing herein con-
tained, shall be construed, to alter the rate of interest heretofore
fixed by law to banking institutions.
Sec, .2. Be it further enacted, That so much of the eight
section of an act entitled "an act regulating executions,' and ap- Par of a~t
proved 21st NOA, 1828, as gives a lien on personal property from ofls8'rep.
the rendition of the judgment, be, and the same is hereby re-
pealed--Provided, that nothing herein contained, shall operate a
removal of liens, which have been obtained under existing laws.
Passed, Feb. 12, 1831. [APPROVED, Feb. 13, 1831,

Is]

An ACT regulatingPilots and Pilotage at Appalachicola.

Sec. 1. 'Be it enacted by the Governor and Legislative CounciF
-po ofd. the Territory of Florida, That D. L. White, Noadiah Marsh,
JE. J. Wood, Hezekiah Hawley, Elizur Lathrop, be, and they are
hereby appointed commissioners of pilotage for the port of Ap-
palachicola, with power to regulate rates and appoint pilots for
said port, and to do and perform all matters relating thereto,
which may be necessary and proper. Three of said commission-
ers shall be competent to nominate, appoint and license such per-
sons, as they may think most fit to act as pilots for the conducting
of vessels, inward and outward,from said port, during their good
behavior. Allvacanciesin said board, shallbe filled by appoint-
ment, made by the remaining members thereof.
Sec. 2. Beit further enacted, That no person shall act as a
pilot, or be entitled to ask or receive any fee, gratuity, or reward
for conducting vessels inward to, or outward from said port, un-
less such person be properly licensed, agreeably to the provis-
canfs ions of this act; and any person offending against this section,
shall be liable to pay a fine not exceeding one hundred dollars,
to be assessed by the said board, who are hereby authorized to as-
sess such fine, and empowered to coerce the payment thereof, by
such means as are necessary, either by warrant or execution.
Sec, 3. Be it further enacted, That the person or persons, ap-
plying for such license, shall not receive the same, until he or they,
To giv, shall have given bond with good and sufficient security, or sf-
tond, &c. curities in the sum of one thousand dollars, payable to the Go-
vernor of this Territory, conditioned for the faithful performance
of the duties required of him, or them; which said bond shall be
taken by said commissioners, and filed in the. office of the clerk
of the court of common pleas, and Oyer and Terminer of the
town of Appalachicola-And shall also take an oath or affirma-
tion, well and truly to execute and discharge all the duties re-
quired of him, or them, (as the case may be.)
Sec. 4. Be it further enacted, That if any vessel, or the car-
o thereof. be injured or damaged, or lost through the neglect,
ne,_,~ t o default or insufficiency of any pilot appointed by said commis-
piults, &c. sioners, after such pilot takes possession of said vessel, the party
injured may apply to the court of common pleas, and Oyer and
Terminer of said town, and obtain a certified copy of the bond
filed by such pilot, and shall be entitled to institute suit thereon,
and recover of such pilot and his securities, any amount, not
exceeding the penalty of the bond, which the jury trying the
case may assess.
Sec. 5. Be itfurther enacted, That the said commissioners
,tofthe shall havepower and authority to remove any pilot they myv
nnm'rs. think necessary, who shall be ome incnp:ible of acting, or lie
negligent, or misbehave in his duty; and such pilot so removed.

38

jiall not have authority to act as pilot under the pains and penu
cities prescribed and imposed in thesecond section of' this a.,.
Sec. t. Be it further enacted, That all bye-laws made and or-
iained by said commissioners, regulating the rates and manner
Jf collecting pilots fees, and the manner of compelling masters ina' aiid
'I vessels to receive pilots on board when applied to, be and the
-ame are declared to be as valid as if the same were the act of
!he council: Provided, the same be not repugnant to, or incon-
*istent with, the laws of the United States and of this territory.
Sec. 7. And be it further enacted, That all laws and parts of
!'ws, heretofore passed, repugnant to, or in anywise contraven- Repaliu"g
ing the provisions of this act be, and the same are hereby, re-
sealed, and that nothing in this act shall be construed to impair
he2 rizht of the legislature of this territory to repeal, alter or'
;nodilf the same.
Passed, Feb. 7, 1831.
[REECTED, by the Governor, Feb. 10, 1831.
Seconsidered by the Cuancil Feb. 13, 131, and passed bythe requisite majorityy,

, ,a ACT to extend the Laws over the Indians within the Territory of Florida.
Sec. 1. Be it enacted by the Governor ind Legislative Council
,f the Territory of Florida, That all the laws now in force, or I,,liovpI
which may be hereafter enacted, of a general and not local'na- tieindian-
ture for the government of the people of Florida, shall be taken,
held, and construed, to extend, operate, and govern, as well with-
in all settlements of indians, residing within the limits of this ter-
ritory, as without such settlements.
Sec. 2. Be it further enacted, That the judges of the supe-
rior courts of this territory, shall have cognizance of all matters s. Court ta
of controversy, either in law, or in equity, which may arise wsth- havecogat-
in any of said indian settlements, whether the said indians ei zance, &'
parties thereto, or any one or more of them, and any citizen or
citizens, inhabitant, or inhabitants, of this territory, in like man-
ner and under the same rules, and regulations of practice, as are
prescribed in law, for said courts, and the rules of evidence shall
be the same in cases, which may arise under this act, as are at
present prescribed in law.
Sec. 3. Be it further enacted, That the venue and trial in all
cases which may arise under the provisions of this act, shall be Venut
at the same place, or places (as in other cases in which the inha-
bitants of the respective counties,) in which the saidjndian set-
tlements may be, as parties are accustomed, or required by law,
to transact similar business.
Sec. 4. Be it further enacted, That in all cases arising under
the provisions of this act, where the matter in controversy, shall Jurisdictoa
Snt eAceed, the sum of one hundred dollars, the justice's of tke of' P'caC

!ace residing in any county, in which any such Indian settle-
ment may be located, shall have like jurisdiction as is or may be
given to them under the laws of this territory in other cases.
Sec. 5. Be itjurther enacted, That all marshals, sheriffs, con-
Iluties of stables, and other executive officers, of all and every court of this
rgrasals. territory, having process properly emenating from any of their
respective courts, requiring to be executed within any of said in-
dian settlements, shall have power, and are hereby authorised and
required, to enter any of said settlements, for such lawfulpurpose
or purposes.
Penal laws Sec. i. Be it further enacted, That all laws of a penal nature,
tobee-rten. in force in this territory, are hereby expressly declared to be ini
ded over force in each and every of the indian settlements, in the first sec-
tion of this act referred to.
Sec. 7. And be it further enacted, That all laws and parts of
epalin g laws, heretofore passed by the legislative council of this territo-
ry, repugnant to the provisions of this act be, and the same are
hereby repealed.
When in Sec. 8. Be it further enacted, That this act shall not become
force: a law, or in an wise operate, until specially approved by congress.
Passed, Ft-b. 9, 1831. [APPRoVED, Feb. 11, 1831

An ACT fbr the relief of Judith Camn. formerly Judith Crosby
Sec. 1. Be it enacted by the Governor and Legislative Counril
of the Territory of Florida, That the marriage contract, be-
Mfarnage tween Dempsy Cain and Judith Cain, be, and the same is heri-
Ssolved, by dissolved d and annulled, and the said Dempsy Cain and Ju-
dith Cain, formerly Judith Crosby, are hereby absolutely divorc-
ed from the bonds of matrimony, as fulfy, absolutely and entire-
ly, as if they, the said Dempsy Cain and Judith Cain, formerly
Judith Crosby, had never been married.
Passed Feb. 12, 1831.
[REJECTED by the Governor, Feb. 13, 1831.
considered by the Council, Feb. 1,, 1~.Jt, and passed by tiii requisite majority.

An ACT to declare Spring Creek, commonly known as Robinson's Spring creck,
in .lacksou county a n vi iidle stream.
Be it enacted by the Governor and Legislatie Council of tI
Declared Territory of Florida. That Sprinz creek, commonly known ;a
yijga ble. Robinson's spring creek, in the county of Jackson, is hereby w -
elared, and hereafter to be recognized in law, as a navigable stream
up to its source.
SComm'. SC 2". Be it further enacted, That WilliamRobinson. Jamn.
W. Eum, and Richard H1. Long, be, and they are hereby ap-

pointed commissioners, who, or a majority of them, hall have
full powv~r and aurtiritv to direct, aad upcrinutea, dite i.uem
and removal of any obstruction il said creek, and thov are ilhre-
bv declared to have full power and authority, to do and pe-rtbrm
all acts and doings, that shallbecome necessary toeffect:hesame.
Sec. 3. Be itJ further cancted, That it shall not be lawful to
erect an' bridg'r, or other impediment across said creek, or to
make any oh traction therein, by which the free navigation there- No oh'tr,e'
tions t-! be
ofi ay be obstructed, and all such bridges, impediments, or ob- rlacetd in
structions, are hereby declared common nuisances, and i'iav be tue stream.
proceeded against, and removed as such; and if any person, or
persons, shall raise, create, or build. any such bride impediment
or obstrucrious, he, or they, shall be liable to double the damages
sustained by any person, or persons, by reason thereof, and shall
also be liable to indictment, for a misdemeanor, and on conviction
thereof, shall be punished by tine, not exceeding five hundred
dollars; Provided. however, that this act shall not prevent the
erection of any bridge or other works, which shall not obstruct
the free navigation of said creek, for boats laden with cotton, or
other produce.
Sec. 4. And be it further enacted, That this act shall be in When t
bfrce, from and after its passage. force.
Passed, Feb. 12, 1831. [APPROVED, Feb. 13, 1831.

An ACT to amend an act, to incorporate the 't nf Tallahassee.
Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That the Intendant, and city Council
of the City of Tallahassee, shall have power and authority to Corporattr
drain swamps by canal or otherwise, and remove such obstruc- power.
tions, as may be considered prejudicial to the health of said city,
within the same, and without, to the extent of one mile, in any
direction; Provided that if it should be necessary, to pass thro'
any individuals enclosures, without the city of Tallahassee, for
the above recited purpose, that the party who considers himself
aggrieved, shall have the right, to have such damage assessed by
a jury of twelve freeholders, of the county of Leon, residing
without the city of Tallahassee; and such damage as they award
shall be paid by the city of Tallahassee, together with such
other expenses, as may accrue in summoning said jury.
Sec. 2. Be it further enacted, That the jury shall be sum-
moned by a constable of the district, on a warrant of any jus- Dnty ofhe.
tice of the peace, directed to him for that purpose, in the same conNtauole
manner as is now provided by law, in justices' courts, and the
jury shall make their return sealed up, to said justice, upon whose
verdict, thejustice shall issue execuuon as in cases of debt.

36

Sec. 3. Be it further enacted, That the present charter of in-
ireercon corporation, for the city of Tallahassee, shall be continued in
tinued. force, for, and during the term of ten years, from the passage
hereof, any law to the contrary notwithstanding.
Passed, Feb. 13, 1831. [APPROVED, Feb. 13, 1831.

An ACT to dissolve the marriage contract between. Mahala T. Waugh and Will.
ism Waugh.
WHEREAS, it has been proved to the satisfaction of this Le-
Prmble gislative Council, that William Waugh, late of the town of Mag-
ea nolia, has for some time past, withdrawn his protection and sup-
port, and entirely abandoned his lawful wife, Mahala T. Waugh,
who before her marriage to the said Waugh, was named Mahala
T. Cotton, and that during the short stay, which he made with
her, did very much abuse and ill treat her, the said Mahala his
wife, and the said Mahala T. Waugh, having been a resident
within this Territory for the last three years, (at least,) and hav-
ing petitioned this Legislative Council to be divorced from her
husband William Waugh-Therefore, for the relief of her, the
said Mahalah T. Waugh, formerly Mahala T. Cotton,
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the marriage contract entered into,
marriage between William Waugh, and Mahala T. Waugh, formerly Ma-
dissolved. hala T. Cotton, be, and the same is hereby dissolved, and annull-
ed, and the said William Waugh, and Mahala T. Waugh, for-
merly Mahala T. Cotton, are hereby absolutely divorced from
the bonds of matrimony, as fully, absolutely and entirely, as if
they, the said William Waugh, and Mahala T. Waugh, formerly
Nahala T. Cotton, had never been married.
Passed Jan. 28, 1831.
[REJECTED by the Governor, Feb. 2, 1831.
Reconsidered by the Council, 5th Feb.1831, and passed by the requisite majority.

An ACT to amend an act entitled "an act to incorporate the Town of Magnolia."
1. Be it enacted by the Governor and Legislative Council of
Certain sec the Territory of Florida, That the fifth section and seventh sec-
?tins o tion of an act entitled An act to amend an act to incorporate
pealed. the town of Magnolia," be and the same is hereby repealed; and
the sixteenth section of the act to incorporate the town of Mag-
nolia, approved the twelfth day of November,1828, be revived--
and said sixteenth section shall be and remain in full force, from
and after the passage of this act.
Passed, Feb. 9, 1831. [APPROVED, Feb. 11, 1831.

A, ACT toincot.orate *e JaetMi Sbina, in fl HaT iot connity
SecelB. Be it enacted by the Goversr and Legislative Cotame
of the Territory of Florida, That John Lee, Jas. T. Hooker, eon
W. B. Hooker, Jos. Bryant, and Jas. D. Prevatt be, and they
are hereby, created a corporation and body politic, by the name
of the commissioners of Jackson Sprine;,"' ,;d by said name nad
style, may sue and be sued, plead and be impleadcd, and do and
perform all acts and things necessary for a corporation to 4o, for
the purposes hereinafter mentioned.
)iSec. 2. Be it farlth'r enacted, That the said commissioners
shall at their first regular meeting appoint one of 'their number To appoint
chairman of their board, who shall preside at all their meetings,
unless he be absent, in which case-the commissioners present shal'
nominate a chairman for the time being Provided, that tI
of said commissioners shall constitute a quorum for the tran
tion of business. '.
Sec. 3. Be it further enacted, That the- said commissioi)rs owners o,
shall have power to pass all such bye-laws, and ordinances4na4y conmm ar
be deemed necessary for the preservation of good order, and
the suppression of indecent and immoral conduct within the limits
of the corporation hereby created ; and to impose upon, and col-
lect, of all offTeders, against said bye-laws, such fines as they
their discretion may see fit to prescribe: Provided, the same shall
not exceed twenty dollars, and-that said bye-laws be not repug-
nant to the constitution and laws of the United States, or thelaws
of this territory. J. "
Sec. 4. Be itfitrther enacted, That all fines collected byid p
corporation shall be applied to sick charitable purposes 'as .si, .ipronpria
commissioners shall determine: Provided, however ; tl t, oai~
board shall have the power, if they see proper, to appoint-
tskhat who small receive such compensation for his services, "i
paid out of the funds arising fiim fines, as said beard may
.Sec. 5. And be it further enacted, That said 'corporiaton
shall extend one mile, in each aid every direction, from the Sprifig, Corrats
in the county of Hamilton; known as the Jackson Spring. ,
Passed, Feb. 4, 1831 [APPROVED, Feb. 9, 1831.

An ACT to dissolvee the marriage contact between Emeline Brenizer aiid Amos
E. Brenitet.
WgERAs, it has been satisfactorily proved to this leaIt~4
councifthat Amos E. Bren ie, formerly a resident ofWackson
county in the territory of Florida, has withdrawn is surt ad Preamble/
protection and kas entiFy desertI his4a'l wiftle6ne
Brenizer, who'b~'oreher mkrriTgeWith the said Amos '.., re-
aizer, Aiaidpted Emeline Ric-imond, and that he has 'beeA un-

kind to his said wife, and unfaithful in his vows of fidelity, hav-
ing left her in sickness with a determination never to return A nd,
whereas, the said EmelineBrenizer has petitioned to he divorced
from her aforesaid husband: Therefore, for the relief of the said
Emeline Brenizer,
\ 1. Be it enalci -l1 ite Governor and Legislative Council
of the Terr;tory Qf 7 lorida, That the marriage contract of
s the snil Ainns E. Brenizer and Emehne Brenizer, formerly Em-
eline Richmond, be and the same is hereby dissolved and an-
nulled, and the said Amos E. Brenizer and Emeline Brenizer,
formerly Emeline Richmond, are lhrebv ab-olutcly divorced
from the bonds of matrimony, as fully, absolutely, and entire-
ly, as if thbv the said Amos E. Brenizer and Emeline Brenizer,
formelv Emeline Richmond, had never been married.
Passed, Jan. 20, 1831.
[REIECTED by the Governor, Feb. 2, 1831.
consideredd by the Council Feb. 5, 18;1, and passed by the requisite majority.

AN ACT to provide for the compilation and publication of all the Statutes of
thi, Territory.
Sec. 1. Be it enacted by the Governor and Lcgislatitv Council
of the Territory of Florida, That all the statutes of this ter-
statuife to ritory, from its organization until thI expiration of this session,
bepublshd be published in one volume, and that James D. Westcott, junior,
and John P. Booth, esquires, be appointed to compile the same,
and to direct and superintend the publication thereof, when the
necessary appropriation shall have been made by congress therefore.
Sec. 2. Be it further enacted, That whenever the necessary
Gov. anti.- appropriation shall have been made by congress, and upon the
or.ed & person or persons with whom the said compilers and the govern-
pr, out the or may contract for the printing of said volume, entering into
alropnra- bond to the territory in the sum of fifteen hundred dollars, with
t'io, security to be approved of by the governor, conditioned for the
faithful performance of said contract, the governor shall be au-
thorised to draw for and advance to the said person or persons
such part of said appropriation as he may deem necessary to fur-
ther the publication of said laws, and upon the fulfilment of said
contract, and the delivery of seven hundred and fifty copies of
said volume half bound, for the use of the territory, to the gov-
ernor, he shall al.o draw for and pay them the balance due them
by virtue of said contract.
Sec. 3. Be it further enacted, That the said laws, when re.
lMode of ceived, shall be distributed by the governor in the manner pre-
distrbution scribed by law; for the distribution of the annual publications of
the laws of this territory.
Passed, Feb. 3, 183i. [APPRoVED. Feb. 3, 185;.

tt ACT to aufheoise Hector W.' Braden to make a eaMl thfouglh t ih$ Niat-i
Bridge of the St. Marks river.
Sec. 1. Be itenacted by the Governor and Legislative Councilof
the Territory of Florida, That Hector W. Braden, his heirs or T.W3.Br
den ant hof.
assigns, shall have a right o .construct a canal on the natural isedtocorn-
'bridge of the St. Marks river at Rockhaven, to connect the wat- stnrctcad5a
ers of the said river for the transportation of produce, merchan-
dize and other articles, and.may commence and terminate the said
canal at any point upon the said bridge which may be best suit-
ed to the accomplishment of the said object.
Sec. 2. Be it further enacted, That it shall be the duty of
the said H. W. Braden, his heirs or assigns, to commence the When tc
work for the construction of the said canal within the term of e coni.
two years, from the passage of this act, aindtdo complete the same
within three years thereafter; and if the'said H. W. Braden, his
heirs or assigns, shall fail to commence the said work within the
time aforesaid, or after having begun the same, shall abandon or
neglect it for the term of twelve months at any one time, or if
after the said work has been completed, shall permit the same to
be unfit for the passage of boats drawing fifteen inches water,
and remain so for twelve months without any attempt to repair
the same, then in either of said events the privilege herein grant-
ed shall be withdrawn, unless the operations on the same have
been suspended from high or low water, or any other unavoida&
ble cause.
Sec. 3. Be it further enacted, That the said H. W. Braden,
his heirs or assigns, shall have a right to demand and receive
tolls and fees for transporting produce, goods or other articles, Tollt
or for permitting boats or other crafts to navigate anid pass
through said canal, at the rate of four cents f6r every hundred
pounds weight that may be transported through said canal; and
all produce, merchandize, or other articles or things, traisppi*d
or conveyed through said canal, shall be liable for said tools anid
fees, and may be detained until the same are paid.
Sec. 4. Be itfurther enacted, That in making the said canal May.takb
ii shall be lawful for the said H. W. Brad~n, his heirs or assigns, possessivt
to enter upon and take possession of any lands whaitver, whether of land
covered with water or iot, which may be necessary for the prose-
cution and completion of the said work, or whereupon it may be
necessary to construct any dam, or open any canal, or erect ain
embankment, lock or other fixtures intended or implied by this
act; Provided, that no land owned by private individuals shall
be taken for said purposes without adequate compensation.
Sec. 5. Be it further enacted, That whenever it shall become
necessary for the said H. W. Braden, his heirs or assignspto take
possession of and use any land, timber, stone or other materials,
owned by private individuals, for the route and site of said works
[61

or for the aenstrhctfon and keeping in :repair the same, or any
part thereof, and the parties do not agiee upon the value of the
A'rit of ad same, it shall be lawful for the said H. W. Braden, his heirs or
quad damn assigns, to apply to thejudge of the county court of the county
RUB." in whichusuch lands, or materials may be, for a writ of ad quod
damnum.directed to the sheriff, marshal, or other officer of said
county, to summon five disinterested persons, of lawful age and
housekeepers, to meet and value said:property upon oath, to be
administered to them by the judge, sheriff, marshal, or other of-
ficer, summoning the same, whose duty it shall be to attend said
inquest in person and receive their report, and also receive from
the said H. W. Braden, his heirs or assigns, the sum or sums
adjudged by said report, .and to pay over the same to the persons
authorised to receive it.
Excuive Sec. 6. Be it further enacted, That if the said H. W. Braden,
* privilege, his heirs or assigns, shall commence and complete the canal here-
in described, within the stipulated time, that no other person shall
:be permitted to make any canal over or around the natural
bridge before mentioned, to the injury of said canal; and that
nothing contained in' this act shall be construed to impair the
sight of the legislature of this territory to repeal, alter and modi-
.fy he same.
Passed Feb. 10, 1831.
[REJECTED by the Governor, Feb. 13,1831,
Reconsidered by the Council, Feb. 13, 1831, and passed by a requisite majority

in ACT to authorise J. W. Robarts to establish a ferry across the Suwannee river.
Sec.i Be it enacted by the Governor and Legislative Counci.
May estab- of te Territoiy of Florida, That J. W. Robarts be, and he
lish ferry. '-i hereby vested with all the rights, and charged with all the
duti6s,of establishing and keeping a ferry at Suwannee river,
between Charles'. ferry and the mouth of the Withlacoochic
-river that may be most eligible; and the.said J. W. Robarts,
his heirs, executors, administrators antd assigns be, and remain
for Jhe term of ten years, vested and charged with therights and
dutiesaf9resaid.
Exclsive Sec. 2.. Be it further enacted, That it shall be unlawful for
right, &c any person, or persons, whatsoever, to establish or keep a ferry
within five,. miles of this ferry, hy thii act provided for, unless
the same be for his, her or their own exclusive use, and not for
the purpose of gathering or receiving'toll.
Sec. 3. Be it further enacted, That it shall be the duty of the
Tol, &c. said JPW. Robarts, his heirs, executors, administrators and as-
signs, at all times to have, and keep in good repair, a flat-boat
of sufficient dimentions to carry across said river a loaded wag.

n: and that they shall be entitled to receive at the said ferF
-'il at such rates, and shall be subject to such regulations, as may
e, established by the county court of the county of Alachua and
he legislative council.
Passed, Fob. 11, 1831. [APPROVED, Feb. 13, 1831,

An ACT to incorporate the town of Monticello, in Jefferson county.
Sec. 1. Be it enacted by the Governor and the Legislative
councill of the Territory of Florida, That all the free white Town in-
*male inhabitants of the age of twenty one years, and over, cor- corporate,
prehended within the west half of north west quarter of section
uhirty, township two, range five, north and east, and their suc-
cessors, be, and remain for the term of five years, a body cor-
porate, by the name and style of the "Town of Monticello," and
by their corporate name, may sue and be sued, implead and be
mnpleaded, and do all other acts as natural persons, and may pur-
chase and hold real, personal, and mixed property, or dispose of
die same for the benefit of the said Town.
Sec. 2. Be it further enacted, That the government of said
Town, shall be vested in an intendant and five council-men, each oDutle. &c
of whom shall have the qualification of having resided three Umen.
months within the limits aforesaid, in order to fill either of said
otfices.
Sec. 3. Be it farther enacted, That the intendant shall have Powers of
the power, and exercise all the duties, and may receive the fees intendant,
of justice of the peace within the said corporation.
Sec. 4. Be it further enacted, That the said intendant and
town council shall have full power and authority, to prevent aiid
remove nuisances, to license and regulate retailers of goods amid
liquors anid taverns; to restrain or prohibit all sorts organing, By-law.
to license'aiid regulate public amusements,'to .esd(alisi atd Fe-
gulate miirkets, to direct the safe keeping of the stindaird of
weights and measures, apomntk d by Congress, 'to regulateturial
grouniids, to sink wells, and take care of the same, ,b erect and
repair pumps, in the streets and public squares, to erect ahd re-
pair market houses, and public scales within the aforesaid llimiits,
to establish and regulate patrols, to regulate the storing of gun-
powder, to restrain and prohibit tipling houses and lotteries, to
provide for the establishmeirfif public schools, and superintend-
ance of the same, to restrain and punish vagabonds; and disdr-
derly persons, to keep in repair all necessary streets" to restrain
and punish the disorderlji conduct arid offhnces commni'ted by
negroes and mulattoes; to lay and impose itaxes,'and provide for
the collection ob the same, to iiriose and appropriate fines, and
penalties, and forfeiture-, for breach of their ordinances and by-

4.ws, Provided, no ordinance or bye-law shall take cifect uinti
ten days after its promulgation, and generally to provide for the
.interior police, and good government of said Town.
Sec 5. Bc it further enacted, That all ordinances and bvt*
laws, shall be signed by the intendant and attested by the clerkl,
and shall be published at least ten days, at the door of the court-
house in said town.
Sec. 6. Be it further enacted, That the said intendant, and
Attendance council shall have power to compel the attendance of its menm-
cnemIten bers, and to judge of the election returns, and qualification of
the intendant and its members; and the yeas and nays on any
question, shall at the request of any two members, be placed on
the record.
Sec. 7. Be it further enacted, That the intendant and coun-
tanner qf cil-men, shall be elected by ballot on the fourth Monday in Feb.,
e.ecrion; ruary, in each and every year, at the court-house in said town,
and that they shall in all cases, continue to exercise their respect-
ive functions, until their successors shall be elected and qualified
to serve,
Sec. 8. Be it further enacted, That the person having the
T'rmQofof greatest number of votes, and who was voted for as intendant,
fce, R shall be declared, and the persons having the greatest number of
votes, and who were voted for as council-men, shall be declared
-and they shall hold their offices for the term of one year.
Sec. 9. ,Be it further enacted, That the said intendant shall
Power to he president of said council, and in case of his death, resignation
fll vacau- or removal, the council shall elect an intendant to fill such va-
O'*. cancy, until the next annual election, and also in case of the
death, resignation or removal of either of the council-men, the
intendant shall fill such vacancy by appointment, until the next
: annual election.
: Sec. 10. Be it further enacted, That it shall be the duty of
poIthobe sai'intrendant, to see that the ordinances and bye-laws of said
talen,&c. council are duly executed, and to call a meeting of the council-
men, whenever in his opinion, the public good may require it;
that said intendant shall within five days, take an oath or affirma-
tion before any judge, or justice of the peace, of this Territory,
"That he will to the utmost of his power, support, advance and
defend the interest, peace and good order of the town of Monti-
cello, and faithfully and diligently discharge the duties of ili.
sendant of said town, during his continuance in office; and that
he will support the constitution of the United States,"-and h,
shall within the aforesaid time of five days after the election, coi-
vene the council-men elect, and administer to each of them ai;
oath or affirmation, similar to,that taken by himself.
Sec. 11. Be it further enacted That the intendant and three
u of the council-mei shaUl flrm a quorunm for the transaction of
businieb

See. 12. Be it further enacted, That the said council shall
)ave power to appont a treasurer ana clerk, and such other of-
.cers as to the said council may deem necessary, to carry into ro anpoine
.:iiect the powers and reLuiations Ity this act given to, or imposed tr ahurer,
:pon, the said town council; and the said council shall keep
-:;eular records of their proceedings, ordinances, bye-laws, and
regulations; and they shall hold their meetings in public, and
-at such times and places as may seem lit, and in the absence or
disability of the intendant a majority of the council may on any
occasion appoint iiroi among their number an intendant, who
--hall have power, pro. ten., to do the duties of intendant: Pro-
.:ded,fhowever, that the cotmcil may sit with closed doors when-
ever they may deem the public interest requires it.
Sec. 13. B'e it further enacted, That the said intendant and
council shall have power and authority to appoint a constable,
whose duty it shall be to serve all processes emenating from the cons
,iaid corporate body, and to suppress all riots, routs, affrays, and duties, abe
breaches of the peace,contrary to the good order of society, and
for this purpose, he is hereby invested with all the authority,
rights and privileges, of the constables of the several magis-
trates districts in this territory : Provided, however, such con-
,stable shall, before he enters uponl the duties of his office, give
bond and security, payable to said corporate body, in such sum
as the intendant and councilmen shall think fit, for the faithful
performance of the duties of his office : And provided, further,
that said constable, shall receive, exact or claim, no other or
greater fees lbr his services than are provided in similar cases
by law.
Sec. 14. Be itfurther enacted, That all free white male citi- Rightot0o
zens of the age of twenty-one years, residing within the limits of tng.
said town, shall be entitled to vote in the election for intendant
,and councilmen of said town.
Sec. 15. Be it further enacted, That the first election for.in-
tendant and councilmen under this act, shall take place on the
fourth Monday in February 1831, and that said election shall be Manner of
held under the superintendance of three inspectors, whose duty election.
it shll be to receive the votes, and to cause the name of every
voter to be taken down and kept in a book for that purpose, and
to cause the poll to be opened and kept open from ten o'clock,
a. m. until four, p. m., when the ballots shall be told, and the
names of the several persons voted for as intendant and couricil-
men, having the greatest number of votes shall be declared and
notice of their election given to each 9f them.
Sec. 16. Be it further enacted, ''hat is shall be the duty of Notice of
the intendant, at all annual elections, to give ten days notice of etio I
such election, and to appoint three inspectors, and give them no-
tice of their appointment, whose duty it shall be for them or any
to of them to manage said election as prescribed in section fifteen

Sec. 17. Be it further enacted, That Jas. L. Parish, L. b..
*lte-or* Harbour, and Stephen M. Tibbets be, and they, or any two of
them, are hereby appointed inspectors to superintend the election
for intendant and councilmen on the 4th Monday in February,
1831: Provided, that nothing hereby enacted shall be construed
to exclude the legislature of this territory from the right to re-
peal, alter or modify, this act as it may deem proper,
Passed, Feb. 4, 1831. [APPROVED, Feb. 10, 1831.

An ACT to amend an act entitled, "an act to incorporate the Town of Quincy,
approved November 21at 1828.
1. Be it enacted by the Governor and Legislative Council of
the Territory of Florida, That it shall be the duty of the magis-
M ofpolice trate of. Police, for the town of Quincy, at the expiration of his
to deliver term of service, to deliver to his successor in office, all books,
books, &. papers, receipts, vouchers, moneys and effects in his hands be-
longing, or in any wise appertaining to the incorporation of said
Town.
Sec. 2. Be it further enacted, That it shall be the duty of
the magistrate of police of said Town, to publish all ordinances
of a general and public nature at the court-house door, or somn,
other public place within the limits of the corporation, at least
three days previous to their going into operation.
Sec. 3. Be it further enacted, That if the commissioners of
Holding of said Town from any causalty, omission, or neglect, shall hereaf-
ceections. ter fail to hold an election according to the provisions of the sec-
ond section of the act, to which this is an amendment, or the jus-
tice of the peaceresiding within the limits of the corporation,
shall neglect or refuse to appoint three discreet persons, citizens
of said Town, to hold an election, as providedfor in said section,
then and in that case, upon the application of two or more citi-
zens, residing within the limits of the incorporation, to the pre-
sidingjustice, or judge of the county court, as the case may be,
it shall be, and it ishereby made his duty to appoint three discreet
persons within the limits of the corporation, to hold an election
for Town commissioners, agreeable to the proviso contained in
the second section of the aforesaid act; Provided, that no person
shall be permitted to vote at said, or any election, for the election
of commissioners of said town, who shall not have been a citizen:
or resident of said town, for at least six weeks previous to the
day of election.
Comm' Sec. 4. Be itfurther enacted, That if no lawful election has been
ppointedi held for the electioribf commissioners for said town, to serve
during the present year, it shall 'forthwith be Ae duty of the jus-
tice of the peace, residing within the limits of the incorporation

:-f said town, to appoint three discreet persons to hold an election
"cordinc" to the provisions of the second section of the act, to
whichh this act is an amendment, and in case he fails or neglects
:3 do so, it shall be the duty of the presiding justice to do the
. amc.
Sec. 5. Be it further enacted, That the magistrate of police,
shall have no power to indict punishment by imprisonment, ex-
cept for contempt to him, while acting in his official capacity: dutiesoI
but for the collection of all fines, penalties, dues and demands, oi police.
had or accrued, or which may, or shall hereafter accrue, or be-
come due and owing to said incorporation, it shall be his duty to
issue an execution under his own hand and initials ofoffice, which
shall have the same force and effect, and be proceeded upon in
the same way as executions issuing from justices' court: Provi-
ded, that in no case where the magistrate of police shall inflict a
fine for the violation of any of the ordinances of the incorp
tion of said town, shall the offender be permitted to plead ,..
.ame in bar, or excuse, (if the offence be indictable) before any
court of record, having jurisdiction thereof.
Sec. 6. Be it further enacted, That if any person charged
with theviolation of any ordinance of the incorporation, shall Right of
think himself aggrieved by the decision of the magistrate of appeal.
police, he shall have the right of appeal to the county court upon
complying with the rules and regulations, regulating appeals from
,he justices to the county court.
Sec. 7. And be it further enacted, That so much of the act
to which this is an amendment, as is inconsistent with the provis- Repealing
ions of this act, be, and the same is hereby repealed, and that clause.
this act shall take effect from and after its passage; Provided,
that nothing in this act shall be construed to impair the right of
this Legislature to alter, modify, or repeal the same.
Passed Feb. 7, 1831. [APPROvED-Feb. 11, 1831.

.Ln ACT to amend the several acts incorporating the towns of Marianna and
Webbville in Jackson county. )'

Be it enacted by the Governor and Legislative Council of the Limits, &a
Territory of Florida, That the corporate limits of the towns of
Marianna and Webbville shall extend on every side one mile
from the public squares in said towns, and that the corporate au-
thorities shall have and exercise within said limits all the rights
and powers heretofore exercised in any part of said towns.
Sec. 2. And be it further enacted, That it shall and may be Patrcls
lawful for the municipal authorities of said towns to appoint an-
nually in each place, five persons, resident therein, who shall be
required to perform the duties of patrols in said towns, for and

hiring the term of one yenr from their anpointment, rnder sud h
rules and regulations as said corporations may impose, and thI
persons so appointed shall be exempt from militia duty, and
from working on roads and streets.
Passed, Feb. 9, 1831. [APPROVED, Feb. 11, 1831-

An ACT establishing a ferry over Black Creek, in Duval County.
Be it enacted by the Governor and Legislative Council of the,
Territory of Florida, That Samuel Y. Garey, be, and he i;
.nay estab- hereby vested with all the rights, and charged with all the dutie-
of establishing and keeping a ferry at Black Creek, where the
main road now passes or may hereafter pass: as also a ferry at
the fork of the said Black creek, or some point on the south prong
of said Black Creek, that may be most eligible; and the said
Samuel Y. Garey, his heirs, executors, administrators and assigns
be, and remain for the term of ten years, vested and charged,
with the rights and duties aforesaid.
Sec. 2. Be it further enacted, That it shall be unlawful for
E.xlusive any other person or persons, to establish or keep a ferry within
n~,lt, &c. seven miles of the ferry or ferries, by this act provided for, unler-
the same be for his, her, or their own exclusive use, and not for
the purpose of gathering or receiving toll.
Sec. 3. And be it further enacted, That it shall be the
duty of the said Samuel Y. Garey, his heirs, executors, adminis-
Tou1s, &r trators and assigns, at all times to have and keep in good repair,
a flat boat of sufficient dimensions to carry across said creek a
loaded waggon, and that they shall be entitled to receive at the
said ferries, toll at such rates, and shall be subject to such regu-
lations, as may be established by the county court of the county
of Duval, and the Legislative Council.
Passed, Feb. 8, 1831. [APPROVED, Feb. 11, 183ir

An ACT to amend the act regulating Criminal proceedings.
Be it enacted by by the Governor and Legislative Council Co
the Territory of Florida, That from and after the passage of thin'
act, the attorney's of the United States in this Territory shall re--
peotively have power to appoint a deputy or deputies in each oi
the counties of this Territory, wnich said deputy or deputies, sc
long as he or they may remain in office. shall have and exercise
the same powers as the said attorney's themselves have under thr
laws of this Territory.
Passed, Feb. 1, 1831i [APPROVED, Feb, 7, 1831-

-a A T to incrnonte a bank by the name and style of the tBank of Pcasacoia.
'-.. 1. 3 it 'ct.lcl'l by the Goternor and Legislative Council Name ant
S~,i: T rribiry itf Florida, That a bank shall be established in 'tyle.
:,e ciy of Pensacola, the capital stock thereof shall not exceed
S.v hundred thousand dollars, divided into shares of one hundred
loilars eac '
Sec. 2. Be it further enacted, That books for subscriptions
shall be opened on the tirst day of March next, and remain open Tookstob(
ior sixty days, at Pensacola under the superintendence of Sanimel npene,.
Patterson, Hanson Kelly, John De La Rua, John Jerrisorijr.
ind George W. Barkley, and the said commissioners may open
books to receive subscriptions at any place they may deem ad-
visable, under the superintendence of such persons as they shall
think proper; any three of the aforesaid commissioners shall be corn
petent to perform the duties of their appointment; and if the num-
ber of shares shall not be subscribed within the term of sixty day',"
they shall keep the books open for six months and no longer; buit
the corporation, by this act created, may ai any future time open
books.to receive subscriptions for the remaining shares unsu~t
scribed, at such time and place, and under the superintendency
of such persons as they may deem advisable and expedient but
in the meantime it shall be the duty of the commissioners as soon
as they shall have received fifteen thousand dollars, to give notice c(hoosi-
of the same to the stockholders at the distance of twenty days, director'
fir proceedinL to the choice of thirteen directors,and it shall be
lawful for such choice then and there to be made, and the thirteen
.persons who shall be then and there chosen, shall ,e the first di-
rectors, and shall be capable of serving until the first Monday itt
January thereafter, by virtue of such choice, or until their..suc-
cessors shall be duly elected; And the directors elected at the
first and each subsequent election, shall elect a President, ,h'b
must be a director ; and the aforesaid first chosen directors shall
forthwith commence the operations of bank. .
Sec. 3. Be it further enacted, That three-fourths of the
'amount of a share or shares, subs-ribed for, by the several and sulbcrirn
respective subscribers, shall be paid in gold, silver, or'Uniteil tions to b1
States' Bank Notes, and the last and remaining fourth ii cur- pi dingild
rent money of the territory--one-fourth of which payments shall and silver.-
be made at the time of subscribing, or within twenty days thee-
alter, to the commissioners-an eighth within sixty days after the
bankisball go into operation, and the remainder at such timps as
the president and directors of said bank shall require; Provide&d,
that nt mori tharitwelve-andca-half per cent, upon said stock,
shall be called in at any time; Adndprovider also, that sixty
days notice bqgiven before the'tame isrequired..
Sec. 4. Be it further enacted.i That thp inh'crilery to tb, srid.
Yank, their F.uccessors and ni n ;, shall be, and are !lereby,
il

48

tehated and made a corporation and body politic in law, and i.-
fact by the name and style of The President and Director' o
Power to the Bank of Pensacola," and shall so continue until the first day
esta!nl;l of January, one thousand eight hundred and fifty; and by the.
e-taws. name and style aforesaid, shall be and are hereby made capable
and able in law, to have, purchase, receive, possess,,enjoy and
retain to themselves and successors, lands, rents, tenement.,
heriditaments, goods, chattles, and effects, to an amount not ex-.
ceeding in the whole, four hundred thousand dollars, including
the capital stock aforesaid, and the same to grant, sell, demise,
alienate, or dispose of, to sue and be sued, implead and be im-
pieaded, answer and be answered, defend and be defended in
courts of record, or any other place whatever, and, also, to make,
have and use a common seal, and the same to break, alter and
renew at their pleasure, and also to ordain, establish and put in
.execution, such bye-laws, ordinances and regulations, as shall
seem necessary and convenient for the government of said corpo-
ration, not being contrary to the laws of this territory and of
the United States, and for the making whereof, general meetings
of th- stockholders may be called by the directors, in the man-
ner hereinafter specified, and generally to do and execute all actu,
matters and things, which a corporation or body politic in ahm
may or can lawfully do or execute, subject to the rules, regula-
tions, restrictions and provisions, hereinafter prescribed and dc'-
clared.
Sec. 5. Be it further enacted, That the directors of the bank,
for the time being, shall have power to appoint such officer>,
OtQicers&c clerks and servants, under themselves as shall be necessary for
the executing the business of said corporation, and to allow them
such compensation, for their services respectively, as shall bh
reasonable, and shall be capable of exercising such other power-.
and authorities for the well governing and ordering the affair'
of the said corporation, as shall be described, fixed and deter-
mined by the laws, regulations and ordinances, of the same.
Sec. 6. Be itfurther enacted, That the following rules, regu-
lations, limitations and provisions, shall form, and be, the funda-
mental articles of the constitution of the said corporation.
I. The number of votes to which each stockholder shall bf
entitled, shall be according to the number of shares he shall hold
Ira a in the proportions following: that is to say,-For one share and
rote- not less than two shares, one vote; for every two shares, and not
exceeding ten, one vote; for every four shares above ten, and ilin
exceeding thirty, one vote ; bor every six shares above thirty .
and not exceeding sixty, one vote; for every eight shares Pbove
sixty, and not exceeding one hundred, one vote; but no persoin.,
corpartnership or body politic, shall be entitled to a greater rmi',-
ber than thirty votes. And'after the first electicnl, 1;o ]'; et
rharv, shall,.onferia right"of suffrage, which shall have not beer

Golden three calenaer months next previous to the day of election.
"Stockholders, actually residents within the city of Pensacola, rmav
-o*te in elections, and such as may be absent, by proxy, and all Eliribiiity
other stockholders may vote by proxy, or in person; none but of director
stockholders being citizens of the territory, shall be eligible as
directors.
II. Not less than five directors shall constitute a board for the
transaction of business, of whom their president shall always be
,,ne, except in cases of sickness or necessary absence, in which
-ase, his place may be supplied by any other director, whom he
by writing under his hand shall nominate for that purpose.
III. A number of stockholders, not less than twenty, who to-
,:ether shall be proprietors of one hundred shares or upwards, nceting ,
-hall have power at any time to call a general meeting of the
stockholders for purposes relative to the institution, giving at
;east four weeks notice in some public paper in Pensacola, where
lie bank is kept, and specifying in such notice the object or ob-.
pects of such meeting.
IV. Every cashier, before he enters upon the duties of his
office, shall be required to give bond, with two or more securities, give bond
to the satisfaction of the directors, in a sum not less than ten
thousand dollars, with condition for the faithful performance of
his duties.
V. Lands, tenements and hereditaments, which it shall.be'law-
ful for the said corporation to hold, shall be only such as shall be
requisite for its immediate accommodation in relation to the con- t" can
venient transacting of its business, and such as shall have been be held,
bona fide mortgaged to it by way of security, or conveyed to it in
satisfaction of debt previously contracted in the course of its
dealings, or purchased at sales upon judgments, which shall have
been obtained for such debt.
VI. The total amount of debts which the said corporation shall
at any time owe, whether by bond, bill, or note, or other contract,
bshall not exceed the sum of six hundred thousand:dollars, over Amount ofl
(debts that
and above the sum then actually deposited' in the bank for safe mav,'cont
keeping, unless the contracting of any greater debt shall have traced,
been previously authorised by a lw of the territory. In case of
excess the directors, under'whose administration it shall happen,
.shall be liable for the same in their natural and private capacities,
and action of debt may in such cases be brought against them,
or any of them, their, or any of their heirs, executors, or admin-
istrators, in any court of record of the territory, by any creditor
or creditors of, said corporation, and may be prosecuted to judg-
ment and execution, any condition, covenant or agreement, to the Liability
contrary notwithstanding, but this shall not be construed to ex- directorw
empt the said corporation, or the lands and tenements, goods and
chattles, of the same from being also liable for and chargeable
-ith the said excess; such of the said directors who may have

.en absent when the said excess was contracted or created, of
,who may have dissented irom the resolution or act whereby llth
same was so contracted or created, may respectively exonern-re
themselves from being so.liable by forthwith giving notice of th,
same, and of their absence or dissent, with or before some notary
public, and to the stockholders at a general meeting, which they
shall.Jiave power to call for that purpose.
SVII. The said corporation shall not directly, or indirectly, deal
Rate of in 6r ti'ade in any thing except bills of exchange, gold or silver
S bullion, or in the sale of goods really and truly pledged for money
leiit, and not redeemed in due time, or of goods which shall Le
the produce of its lands. Neither shall the said corporation ta:.e
more than at the rate of eight per centum per annum, for or upca
ts loans or discounts.
VIII. The stock of said corporation shall be assignable and
Sti-~nsferable according to such rules as shall be in-tituted in that
'behalf by the laws and ordinances of the same.
IX. The bills obligatory and of credit under the sel of said
corporation, which shall be made to any person or persons, shail
i n be assignable by endorsement thereuponm uncdir tli hand or hand
Diliaassign
8he. of such person or persons, and of his, her or iieir, assinae or
assigiees, and so as absolutely to transfer or ve.t the prpr-'iy
thereof in each and every assignee or assiji':ces, sI:ccessiv'\:,
and to enable such assienee or assignees to briun_, and n:aii a.i
an action thereupon in his, hr or their, own rev'r or narne.-
And bill~ or notes which may be issued by order : oi' :!'-- said co--
poration, signed by the president, ainl comuteurj ntd hi the
cashier thereof, promising the payment of roncrw ,, any person,
or persons, his, her, or their order, -or to the bhearer, thougli 1io
under seal of the said corporation, shall be binding and ob]iga-
fills paya- tbrf upon the same in like manner, and with the like force ani
Stor bear- effect, as up6n any private person, or persons, as if issued by himr
or thin, in his, her, or their, natural, or private capacity, or cn-
pacities, and shall be negotiable and assignable in like manner ;,t
if they were so issued by such private person, or persons, ; that
s to say, Those which shall be payable to any person or person,
his, her, or their, order, shall be assignable by endorsements in
like manner and with like effect, as foreign bills of exchange now
are, and those which are payable to bearer, shall be negotiable
and assignable by delivery only.
X. Half yearly dividends shall be made of so much of thfl
Dividends profits of the said bank, as shall appear to the president advisabhl,
4dclarcd, and once in every three years the directors shafl lay before tht:
stockholders, at a general meetinL, for their information, an ex-
act and particular statement of all the affairs relative to the banh,
and divide the surplus profits.
Sec. 7. Br it trfrher "nafed, That no notes shall be negc
table at the bank, unless it be so expressed on the same.

51

&-c. 5. Be it further enacted, That after the first election of
directors, they shall be annually elected ;t the hankii.. lh ::ne. :'peiion o?
on the first Monday in January, in each year,- by the (;uaiitied P'e5iueut
stockholders of the capital of said bank, and by a plurality of
votes, then and there actually given, according to the scale of
.voting, and in case of the death, resignation, or removal of the
President, the directors shall proceed to elect another out of the
Directors for the time being, and in case of the death, resigna-
tion, or removal of a director, his place may be supplied by a
majority of the board of Directors.
S'-c. Be it further enacted, That no director shall be en- romp nsa
'titled to any emolument or salary, except the President of the ";" :l u
s: .A board, who may in the discretion of the said directors, be al-
lov-'d a r:tsonab!e compensationn fbr his extraordinary services,
or in the other business thereof;
Sc. 10. Be it fitrIher enacted, That it shall be the duty of t-port to
the Presidunt and directors of said bank, when required by the legislature
legislature of tw -;tate or territory of Florida, to render to them
a statement of the amount of specie actually paid in upon stock
subscribed, amount of bills issued, and amount due on loans, or
on purchase of bills of exchange,
Sec. 11. B3, it further enacted, That immediately on dissolu-
tion of said corporation, effectual measures shall be taken by the Dis'olutio
0*. t: e x'Or.
existing directors for closing all the concerns of the company, porauon.
,and divide the capital and profits which may remain, among the
stockholders in proportion to their respective interests, and it
Shall be lawful for the directors aforesaid, to use the corporate
name, style and capacity of the company, Ibr the purpose of
suits, for the liquidation of, and settlement of the affairs and ac-
counts of the corporation, and upon the sale or disposition of
their estate real, personal and miVed, but not for any other pur-
pose, nor in any other manner whatsoever.
Sec. 12. $i it further enacted, That the directors of said
bank, shall for, and during the term of ten years, reserve for the Stock re.
Territory or state, in which the bank may be in operation, twenty faerv4 for
io tey use of the
five thousand dollars of the capital stock of said bank, and at tertory,
any time the legislature of the state or territory shall have the
afbresaid twenty five thousand dollars of the capital stock, or
any part thereof subscribed for; then the governor of the state
or territory, shall have power to appoint a number of directors,
proportionate to the number of shares, held by the territory or
state in said bank, and the stockholders shall at the next .annual
election, proceed to the election of the residue of the directors,
is authorized by this act.
Sec. 13. Be it further enacted, That the President and di- Amount of
rectors, shall not at any time be authorized to issue a greater issue.
amount than three times the actual amount of capital paid in.
c., 14. Be it further enacted That any person or persons

who may fail to pay for stock by them subscribed, when the in~
stalments become due, the President and directors may pass an
Stock for. order, forfeiting all payment, or payments, that may have been
Zeited made on such stock, and cause the same to be sold at public auc-
tion, or otherwise, and shill be authorized to transfer such stock
to the purchaser; the proceeds of the stock forfeited after paying
such expenses as may accrue, shall be applied to the use of the
corporation; and if it should happen at any time, that the elec-
tion of directors should not take place on the day provided for
electing them, the president and directors for the time being, shall
appoint a day for that purpose, within ten days thereafter.
Sec. 15. And be it further enacted, That the personal prop-
erty of each and every of the stockholders, shall be pledged and
roert of bound in proportion to the amount of shares held by each, in his,
stocklhold- or her natural, private and individual capacity, for the ultimate
erspledged redemption of the bills or notes issued by, or from said bank,
during the time he, or she may hold suchstock.
Passed, Jan. 19, 1831.
[REJECTED, by the Governor, Jan. 31, 1831
Reconsidered by the Council Feb.31, l131, and passed by the requisite majority

An ACT to incorporate a Company to be entitled The St. Marks Navigatio3
Company."
Pre nble. WHEREAS, the interests of the Territory would be greatly pro
moted and advanced, by the clearing out ofthe channel of thi
St. Marks river, from a point near the St. "Augustine road, t<
the natural bridge on said river:
Sec. 1. Be it enacted by the Governor and Legislative Couna
of the Territory of Florida, That Benjamin Chaires, Jame
Gadsden, Edmund B. Vass, Charles Pope Hunter, Richard Pa
rish, Samuel Parkhill, William B. Nuttall, William Bailey, Ar
thur Burney, John Parkhill, Hector'W, Braden, John D. Ed
wards, and William Argyle, and such other persons as they ma
Com Pye receive into their company, their successors and assigns, sha
crpt forever be a body corporate and politic, by the name and style
of "The St. Marks Navigation Company;" and by such cor
porate name, shall be capable in law, to buy, purchase, hold, ah.
sell, real and personal estate; to receive donations; to make con
tracts; to sue and be sued; to plead and be impleaded; to hav
a common seal, and to alter and renew the same, when they ma
deem it necessary; to regulate the manner by which shares i
said company may be transferred; to make by-laws, which sha
not be contrary to the laws of this Territory, or of the Unite
States; and to do all lawful acts, incident to a corporation, an
which may be necessary and proper, for the convenient manage
mett of its affairs.

Pec. 2. Be it further enacted, That the said companiv shalf
*nnmuoi;v hold an lrction at such times and places, and under
iuch regulations and restrictions, as they in their by-laws may Eleotior.
prescribe, for a president, and as many directors as may he re
quwre'i Ibr the management of their business--Thie number of
directors to be previously determined on and declaredd in their
by-laws. And the said president. and directors,' when.. eIcted,
shall have power to appoint such subordinate officers, and agents,
as may be deemed necessary, and at any time to dismiss them
from office; and be capable of exercising such other powers and
authorities, for the well governing and ordering the affairs'of the
company, as to them shall appear conducivego its'interests."
Sec. 3. Be it further enacted, That the stock otsaid company
shall be divided into as many shares, as they may think proi Stock.
and the votes of each stockholder shall be according to'fhe nurt-
ber of shares he may hold,,topbe regulated, and areed' u~inby
the said company, and made Knownin its by-laws. ,
Sec. 4. Be it further enacted, That tlie said,company shall
have the right to clear out and make the St. Marks riven su- clear out
ciently navigableTor boats drawing not more than fifteen inches river, &c,
water, from a point near the St.Augustine road, A thi;'fatuial
bridge, and to effect the said'bject, the said'company shall have
the right to cut such canals, erect such dams or embaikments,con-
struct such lock, or locks, and*to make, construct and erec-such
other works as they may deem necessary for making said river
navigable as aforesaid. ,. A
Sec. 9. Be it further enacted That to enable said cornpany
to accomplish the said work, it shall be lawful-for the President
and Direetors of said company, at such tile as they.may*deter- opened.
mine upon, to open, or cause to be openi~d, books for the purpose
of receiving subscriptions, toreate or:micrease, the capital stf~
of said company. -
Sec. '6. Bit fui renactjg, Thatii a! lishing;t ob-
ject, for ihich sai com n Ay*s, incorporated; bv clearing out thb
channel of s'ad r'yer, so render. it nayigaW, or. con- May n
structing canals"'r oier.wor it shair be lawfu, for sad coin-
pany by the President aniJOirectors theie6if, orby theni properly
authorized agents, lo ener ilodin .andtake'4gosesion of anylands
whatsoever, whht lrcovered with -vater or ridt, which may be
necessary to th precution andcognetion of. the works con-
templated in this act; or vhereup~onit may be necessary to con-
struct any dam, or open any panal, or erec( ,ny embankment,
lock; or other fixtures, intended, or iilied by this act; Provided,
that no land owned by private' individuals shell betaken for said
purposes, without adequate compensation. ''
Sec. 7..11 it further enacted, That it sha be lawful for the
Pr-rident and Directors of sA company, ortheir properly au- tb
thorized.agents, to take from anby land, most convenient to the.

Tork,. at ', times, sicu!: ti'nber, stone, enrri and other materlai:-
as may be ii- -ess;ur, :.o t ,constructic.t i, and ketpii:, in re-
pair, said works and improvements; ProvidLd, that nothing b'-
longing to private individual, shall be taken, without adequa:t
compensation.
Sec. 8. B3e itfJItrhrr enacted, That whenever it shall become
necessary, qr.the said conmp uy o take possession of, and use any
land tirfiber, stone, or other; materials o ned by private iidiv`id-
uniO, for.-te.route and site ,f the said works, ir lor the cost uc-
tior and keeping in repair the same) or any part thereof, and the
parties do not agfee upon the value of the same, it shall and may
Writ of a. be lawful for the Pesident and Directors of said comp:iv, or
.quai man- their properlFyauthorized agent, to applyto the iudge ot the coun-
U ty court of "he county, in which suchlands, or materials m:v be,
fpr a writ of ad quwd damnum, -directed to tle sherifl, Imarslal, or
other office rof said county, to summon five dis;'nmrested persons
of lawful a-e, and house keepers,-to meet and valuee s.id p) pertr
.ppon oath, to be administered to them by the index i.: ;i:, nmar-
shal, or other offfieer summoning the same, whose dumv it shall be
to attend said inquest in person, and receive their report, and also
receive from the President and Directors of said company, or
their agent, the sum or sums of money adjudged by said report,
and tp pay over the same to theperson, or persons authorized to
receive it, and to take an acquittal'for the same; and until pay-
ment is made to the sheriff, marshal, or other officer aforesaid, of
the sum awarded, it shall not b' lawful for the said company to
take possession of, or use such land, timber, or other.material;
and all the expenses incurred in'the execution of the writ of ad
quod damnum, shall be paid by the said company, but the appraise,
ers shall not receive more than one dollar each per day, while en-
gaged in such duty.
Sec. 9. Be it ftuher enacted, That the President and Direc-
tors of said company, shall be authorized to agree upon such rate
of toUls, for the use of said navigation, as they may deem reasona-
ble, and as' soon as said river shall jaive been made navigable for
boats, having a draught of fifteen inches of water, the said com-
cols1, &c. pany shall be entitled to demand and receive said tolls, upon all
produce, goods, merchandise, or other articles-and upon all
boats, and other craft which may navigate said river, or the canals
of said company: And .;he said company miay from timeto time,
aZ circumstances require, change and alter said rate of tolls. ant
fees; Provided, that no alteration which may increase the rate.
of tolls, shall have effect, until one month's previous notice thereof
shall have been given by advertisement, posted in the city of Tal-
lahassee:-And the said company shall continue to receive, and
collect such tolls and fees, as they may from time to time establish
so Iong as said navianrt n shall be kept in sufficient order fbr the-
Vlansportation in boats as aforesaid: And all produce, good-,.

*nerchandize, boats, and other articles, or thhinL, which may be
?r r ;jortcd. or convev ed upon such improved river, canals. ,r
nvi;gable waters, shall be liable for the tolls and fees, for wni:-h
lhey are respectively chargeable, and may be detained until the
,sane be paid and discharged.
Sec. 10, Be it further enacted, That it shall be the duty ot
said company to commence their works, for the improvement of
said river and navigation, within the term of two years fromi the Whcntoleda
passage of tlis act, and shall complete the same on, or before the and' comn
first day of January, eighteen hundred and thirty-eight-Aind if pieted.
the said work shall have been commenced within the time afore-
said, or having been commenced, shall be abandoned ot ntglccted
for the term of one year, at any time, without any attempt to pros-
ecute the same, or if after said works shall have been completed,
they shall be permitted to go down, and remain for the term of
one year without any attempt to repair or put the same in good
order, then, and in either of these events, the said corporation shall
be dissolved, unless some unavoidable cause shall be shewn in jus-
tification. And this act shall be liberally construed for the benefit
of said company, and to enable it to carry into effect the object
contemplated, Provided, nothing in this act shall be taken to im-
pair the right of the legislature of this Territory to repeal, alter,
and modify the same.
Passed Feb. 12, 1831.
[RE r[CTED by the Governor, Feb. 13, 1831I
Reconsidered by the Council% Feb. 1.3, 1831, and passed by the requisite majority.

An ACT to incorporate a bank in the City of St. Augustine.
See, 1. Be it enacted by the Governor and Legislative Coaincil
of the Territory of Florida, That a bank shall be established in Nm. a .
the city of St. Augustine, the capital stock thereof shall not exceed
three hundred thousand dollars, divided into shares of one hundred
dollars each.
Sec. 2. Be it further enacted, That books for subscriptions
shall be opened on the first day of May next, and remain open
for ninety days-At St. Augustine, under the superintendence of
Waters Smith, Daniel S. Griswold, Gabriel W. Perpall, William Bookeptob
H. Simmons Jo6hn M. Hanson: and the said commissioners
may open bo eive subscriptions at any place they may deem
advisable, unu, superintendence of such persons as they sha!l
think proper; any three of the aforesaid commissioners shall be com-
ptent to perform the duties of their appointment; and if the num-
ber of shares shall not be subscribed within the term of ninety dyvs,
they shall keep the books open for six months and no longer; but
ie corporation, by this act created, may at any future time open
Tro

books to receive subscriptions for the remaining shares unsub-.
scr )x v. such time and place, and under the superintendence
of such persons as they may deem advisable and expedient; but
in the meantime it shall be the duty of the commissioners as scon
as they shall have received twenty thousand dollars, to give notice
of the same to the stockholders at the distance of twenty days,
for proceeding to the choice of nine directors-And it shall be
c choosing lawful for such choice then and there to be made, and the nine
persons who shall then and there be chosen, shall be the first di-
,rectors, and shall be capable of serving until the first Monday in
January thereafter, by virtue of such choice, or until their suc-
cessors shall be duly elected ; And the directors elected at the
first and each subsequent election, shall elect a President, who
must be a director; and the aforesaid first chosen directors shall
forthwith commence the operations of a bank.
Sec. 3. Be it further enacted, That the shares subscribed for
by the several and respective subscribers, shall be paid for in gold,
Subserip- silver, or U. States' bank notes; one-fourth of which said pay-
tio, ;. be ments shall be made at the time of subscribing, or within 20 days
jid silvr thereafter, to the commissioners-An eighth within sixty da s after
the bank shall go into operation, and the remainder at such times as
the president and directors of said bank shall require; Provided,
that not more than twelve-and-a-half per cent, upon said stock,
shall be called in at any time ; And provided also, that sixty
days notice be given before the same be required.
Sec. 4. Be it further enacted, That the subscribers to the said
bank, their successors and assigns, shall be, and are hereby,
created and made a corporation and body politic in law, and in
fact by the name and style of The President and Directors of
p-wer to the bank of St. Augustine;" and shall so continue until the first day
establish of January, one thousand eight hundred and fifty; and by the
ye-laws. name and style aforesaid, shall be and are hereby made capable
and able in law, to have, purchase, receive, possess, enjoy and
retain to themselves and successors, lands, rents, tenements,
heriditaments, goods, chattles, and effects, to an amount not ex-
ceeding in the whole, six hundred thousand dollars, including
the capital stock aforesaid, and the same to grant, sell, demise,
alienate, or dispose of, to sue and be sued, implead and be in-
pleaded, answer and be answered, defend and be defended in
courts of record, or any other place whatever, and, also, to make.
haviv ind use a common seal, and the same to break, alter and
rein,,w at their pleasure, and also to ordain, establish and put in
exo- : ion, such bye-laws, ordinances and regulations, as shall
se- iw necessary and convenient for the government of said corpo-
ration, not being contrary to the laws of this territory and of
tb, United States, and for the making whereof, general meetings
of ?'h stockholders may be called 'yv the directors, in the man-
zer hereinafter specified, and generally to do and execute all acts,

atatters and things, which a corporation or body politic in law;
m-i' c..n lawiully do or Pexecute, subject to the rules, regula-
,i );;, r strictiolS and provisions, hereinafter prescribed and de-
clared.
Sec. 5. Be itfilrther enacted, That the directors of the bank,
for the time being, shall have power to appoint such officers,
clerks and servants, under themselves as shall be necessary fbr
the executing the business of said corporation, and to allow them oficers&a;
such compensation, for their services respectively, as shall be
reasonable, and shall be capable of exercising such other powers
1and authorities for the well governing and ordering the affairs
of the said corporation, as shall be described, fixed and deter-
.nined by the laws, regulations and ordinances, of the same.
Sec. t6. Be it further enacted, That the following rules, regu-
lations, limitations and provisions, shall form, and be, the funda.
mental articles of the constitution of the said corporation.
I. The number of votes to which each stockholder shall be
entitled, shall be according to the number of shares he shall hold
in the proportions following: that is to say,-For one share and Ratio it
not more than two shares, one vote; for every two shares, above votes.
two, and not exceeding ten, one vote; for every four shares above
ten, and not exceeding thirty, one vote; for every six shares above
thirty, and not exceeding sixty, one vote; for every eight shares
above sixty, and not exceeding one hundred, one vote; and ibr
every ten shares, above one hundred, one vote-But no person,
'corparnership or body politic, shall be entitled to a greater num-
ber than thirty votes. And after the first election, no share or
shares, shall confer a right of suffrage, which shall.have not been
holden three calender months next previous to the day of election. Flibibi.itv
Stockholders, actually residents within the city of St. Augustine, o director
may vote in elections, and such as may be absent, by proxy, and all
other stockholders may vote by proxy, or in person; none but
stockholders, being citizens of the territory, shall be eligible as
directors..
II. Not less than five directors shall constitute a board for the
transaction of business, of whom their president shall always be
one, except in cases of sickness or necessary absence, in which
case, his place may be supplied by any other director, whom he
by writing under his hand shall nominate for that purpose.
III. A number of stockholders, not less than twenty, who to- Generat
gether shall be proprietors of one hundred shares or upwards, "nietngs
hall have power at any time to call a general meeting of the
stockholders s tor purposes relative to the institution, giving at least
four weeks notice in some public paper in St. Augustine, where
the bank is kept, and specifying in such notice the object or ob-
jects of such meeting.
IV. Every cashier, before he enters upon the duties of his Cashier to
voice, shall be required to give bond, with two or more securities, &ive bo4-

to the satisfaction of the directors, in a sum not less than tem
thousand dollars, with condition for the faithful peribromance of
his duties.
V. Lands, tenements and hereditaments, which it shall be law.
W-hat ea ful ffor the said corporation to hold, shall be only such as shall be
,it-. e can requisite for its immediate accommodation in relations to the con-
be held venient transacting of its business, and such as shall have been
bonafide mortgaged to it by way of security, or conveyed to it in
satisfaction of debt previously contracted in tih course, of its
dealings, or purchased at s.les upon judgments, which shall have
been obtained for such debt.
VI. Th? total amount of debts which the said corporation sh:;ll
at any time owe, whether 1b bond, bill, or note, or other coitrnct,
shall not exceed the sum of six hundred thousand dollars, cver
and above the sum then actually deposited in the bank for Zafe
keeping, unless the contracting of any greater debt shnl have
Aet that been previously authorized by a law of the territory. ii case of
,~pyl.--con excess the directors, under whose administration it shall happen,
tracte4. shall be liable for the same in their natural and private capacities,
and action of debt may in such cases be brought against them,
or any of them, their, or any of their heirs, executors, or admin-
istrators, in any court of record of the territory, by any creditor
or creditors of said corporation, and may be prosecuted to judg-
ment and execution, any condition, covenant or agreement, to the
contrary notwithstanding; but this shall not be construed to ex-
.~bility of empt the said corporation, or the lands and tenements, goods and
TDrecor:, chattles, of the same from being also liable for and chargeable
with the said excess; such of the said directors who may have
been absent when the said excess was contracted or created, or
who may have dissented from the resolution or act whereby the
same was so contracted or created, may respectively exonerate
themselves from being so liable by forthwith giving notice of the
same, and of their absence or dissent, with or before some notary
public, and to the stockholders at a general meeting, which they
shall have power to call for that purpose.
VII. The said corporation shall not directly, or indirectly, deal
rOte of in or trade in any thing except bills of exchange, gold or sil er
to"rf'. bullion, or in the sale of goods really and truly pledged for money
lent, and not redeemed in due time, or of goods which shall be
the produce of its lands. Neither shall the said corporation talih
more than at the rate of eight per centum pier annum, for or upon
its loans or discounts.
VIII. The stock of said corporation shall be assignable and
transferable according to such rules as shall be instituted in that
behalf by the laws and ordinances of the same,
IX. The bills oblic-atory and of credit under the seal of sail
corporation, whi~vh hn.l1 he Imade to any person or persons, sha'l
be assignable by endorsement thereupon, under the hand or hand&

of such person or persons, zind of his, her or their, assigns or
aisiinees, tjid so ., :I.,u.-,iutely to traniin't 0, v -t the p. !: v P a':r
thereof ti each and every assignee or assignees, sorccess~iv,
an 1 to enable such assignee or assignees to bring and maintain
an action n thereupon in his, her or their, own name or names.-
A;.d b.lls or notes which may be issued by order of the said cor-
p ,r;tion, signed by the president, and countersigned by the
caai;er thereof, promising the payment of money to any person,
or persons, his, her, or their order, or to the bearer, though not
under seal of the said corporation, shall be binding and obliga-
tory upon the same in like manner, and with the like force :,ndr
effect, as upon any private person, or persons, as if issued by him
or them, in his, her, or their, natural, or private capacity, or ca- Pills pva-
pacities, and shall 1b, negotiable and assignable in hke manner as bi ubear.
if they were so issued by such private person, or persons ; that, er, &C.
is to say, Those wh;ch shall be payable.to any person or persons,
his, her, or their, order, shall be assignable by endorsements in
like manner and with like effect, as foreign bills of exchange now
are, and those which are payable to bearer, shall be negotiable
and assignable by delivery onfy.
X. Half yearly dividends-shall be made of so much of the Dividends
profits of the said Bank, as shanllappear to the.directors advisable, declared.
a'ld once in every three years t'he directors !-hahl lay before the
st wkholders, at a general meeting, fr their in'rmation, -in e'x-
a:n and particular statement of all the affairs relative to die bLink,
and divide the surplus profits.

Sec. 7. Be itfurther enacted, That no notes shall be nepo-
tiable at the jank, unless it be so expressed on the fice.
Sec. 8. Be itfurther enacted,, That after the first election of
directors, they shill be annually elected at the 'banking house,
on the first Monday in January, in each year, by the qualified Election of
stockholders of the ceital of sa bank, and by a plurality of present.
vote. then and there actual' P according to the scale of
voting, and in case b'f tle t 'resignation, or removal of the
President, the directors' hafillp eed to elect another out of the
Directors for t"tif "ein in case of the death,' iesigna-
tion, or removal of a direer place may be supplied by a
majority of the boaA of D yer *'
Sec. 9. Be it further en d, That np director shall be en-ompn
titled to any emolum or sto except the President of the tio toth
said board, who may in the discretion of the said directors, be al- president.
lowed a reasonable compensation for his extraordinary services,
or in the other business thereof.
Sec. 10. Be it further enacted, That it shall bethe duty of
the President and directors of said bank, when required by the Report to
legislature of tlih: state or territory of Florida, to render to them legislatue
a statement f the amount of specie actually paid in upon stock

subscribed, amount of bills issued, and amount due on loans, oP
on purchase of bills of exchange.
Sec. 11. Be itfurther enacted, That immediately on dissolu-
tio:n of said corporation, effectual measures shall be taken by the
01 o EI existing directors for closing all the concerns of the company,
portion. and divide the capital and profits which may remain, among the
stockholders in proportion to their respective interests, and it
shall be la-vlil for the directors aforesaid, to use the corporate
name, style and capacity of the company, for the purpose of
suits, for the liquidation of, and settlement of the affairs and ac-
counts of the corporation, and upon the sale or disposition of
their estate real, personal and mixed, but not for any other pur-
pose, nor in any other manner whatsoever.
Sec. 12. Be it further enacted, That the directors of said
bank, shall for, and during the term of ten years, reserve for the
Stock re- Territory or state, in which the bank may be in operation, twenty
r .;. or five thousand dollars of the capital stock of said bank. and at
atrrtory. any time the legislature of the state or territory shall have the
aforesaid twenty five thousand dollars of the capital stock, or
any part thereof subscribed tor; then the governor of the state
or territory, shall have power to appoint a number of directors,
proportionate to the number of shares, held by the territorN or
state in said bank, and the stockholders shall at the next annual
election, proceed to the election of the residue of the directors,
as authorized by this act.
Amount t. Sec. 13. Be it further enacted, That the President and dii
issue. rectors, shall not at any time be authorized to issue a greater
amount than three times the actual amount of capital paid in.

Sec. 14. Be it further enacted, That any person or persons,
who may fail to pay for stock by them subscribed, when the in-
pSt,-l for- stalments become due, the President and directors may pass an
tited. order, forfeiting all payment, or payments, that may have been
made on such stock, and cause the same to be sold at public auc-
tion. or otherwise, and shall be authorized to transfer such stock
to the purchaser; the proceeds of the stock forfeited after paying
such expenses as may accrue, shall be applied to the use of the
corporation; and if it should happen at any time, that the elec-'
tion of directors should not take place on the day provided for
electing'them, the president and directors for the time being, shall
appoint a day for that purpose, within ten days thereafter.
Sec. 15. And be it further enacted, That the personal prop-
Pcrs rnt4 crtv of each and every of the stockholders, shall be pledged and
!o k u!:! bound in proportion to the amount of shares held by each, in hi,
erspiedged or her natural, private and individual capacity, for the ultimate
redemption of the bills or notes issued by, or from said bank,
during t l time hie, or shi' mi hold such stock.
Sec. 16. Ce it further cnactcd, That said bank stock shall

piTy the same rate of tax as is now, or may hereafter be imposed
on the stock or profits of other banks im his Territory.
Passed, Jan. 31, 1831.
[REJECTED, by the Governor, Feb. 2, 1831.
Reconsidered by the Council Feb, 2, 181, and passed bythe requisite majority.

An ACTfor the relief of L. M. Stone.
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the Territorial Treasurer be, and"
he is hereby authorised to draw upon Pardon C. Greene, late Draft on P
Auctioneer at Key West, a draft in favor of Lackland M. Stone, c. Green.
for the sum of one thousand and four dollars sixty seven cents,
in compensation for expenses incurred by the said Lackland M.
Stone, in the keeping and maintainance of certain prisoners con-
fined at Key West. -
Sec. 3. Be it further enacted, That -the Treasurer, on re-
ceiving satisfactory evidence of the payment of the aforesaid sum
to Lackland M. Stone, shall be authorised to credit the account credited.
due the Territory of Florida by Pardon C. Green, on account of
sales by him, as auctioneer aforesaid, with the sum so paid.
Sec. 3. Be it further enacted, That the draft thus given by
the Treasurer, shall be taken and received as a full liquidation of Draft to be
uinfll liqui-
said demand against the Territory. nation, AF.
Sec. 4. And be it further enacted, That this law shall be in
force from and after its passage.
Passed, Feb.'11, 1831. [APPROVED, Feb. 13, 1831.

S '" i -
An ACT concer gp thehireing of Slaves.
,1.' Be it enasted.b, the or acmd Legislative Counci.
of te Territory of. Florida, That in all cases' where any slave
f slaves, shall or may be hired out, within this Territory, the
owner or owners thMkbf, sh b liable and compellable in law,
to pay such medical; aidd apd 's es, as may be necessary to said
slave or slaves. ,
S 2. And be it further enacle, That this act shall be in force
from the first day og arc ,
Passed, Felt. 3, 1831. *' [APPROVED, Feb. 7, 1831.

An ACT to provide forthe compor sn. o oi *h' OF.'epr of the iT.esilative Ceor
c,--,;, .to:0 ot1:erpa p p,-

Sc. 1. Te it ec:t/i.', i'/!,e ,er ::'r : L L *idai tre ow"c o,' of
tt' ierri/hgy of 'lorti,. T;.:r -h", fAlirwing sums be ah_1',,-'-
to 'i' cl-r;i, and other otiic: rs of th, l ri'slative coiuicil, art: )or
the' .'onT.iafn t c.t ss incur red ftr -he i' eo of th" .anm:, vi:
To John K. Canmpbcii, chief clerk of this lhous, the sl:un of
four hundred dollars.
To John Gray jr., engrossing and enrolling clerk, two hun-
dred and twenty-five dollars, eighty-fhur cents.
To William J. Mills, encrossina and enrolling clerk, two hun-
dred and sixty dollars, sixty-nine cents.
To Joseph B. Lancaster, engrossing and enrolling clerk, two
hundred and thirty-seven dollars.
To William McRea, engrossing and enrolling clerk, two hun-
dred and forty-nine dollars and fifty cents.
To George S. Hawkins, engrossing and enrolling clerk, two
hundred and thirty dollars.
To John W. Robarts, engrossing and enrolling clerk, two
hundred and twenty-four dollars and fifty cents.
To James Hughes, engrossing and enrolling clerk, two hun-
dr: d and fifty-five dollars.
To John M. Fontane, engrossing and enrolling clerk, two
hundred and fifty-five dollars and fifty cents.
To James Bryan, jr., for his services as sergeant at arms, for
chairs, fuel, for the council and clerks, and for servant hire, one
hundred and ninety dollars.
To Simeon Dill, for his services as door-keeper, one hundred
and fifty dollars.
To John K. Campbell, for his account for stationary and can-
dl's, furnished the members and clerks of the council, one hun-
dred aml thirty dollars and sixty-three cents.
To Thomas Brown, for rent of room two days, ten dollars.
To James Hughes, secretary of Masonic Lodge, for rent of
Masonic Hall, thirty-nine days, one hundred and ninety-five dolls.
To John Laudaman, for repairs of furniture, fifty dollars.
To Gibson & Smith, for printing done for this house at the
present session, one hundred dollars.
Sec. 2. Be it further enacted, That the governor of this ter-
ritnrv h)o, and he is hereby requested to certify the accounts lor
thte aforementionedd claims to the general government.
Passed, Feb. 13, 1831- [AI'r ovED, Feb. 13, 183!

An ACT to incorporate the city of Fe nandinh
Sec. 1. Be it enacted by the Governor and Legislatire Council
of the Territory of Florida, That all the free white inhabitants
of that part of Amelia Island, known by the name of Fernandina, Town itz.
and comprehended within a line beginning at a point on the east corporate
bank of Amelia river, and due west of the centre of the old re-
doubt, or Water Battery of said city; thence southwardly along
the eastern bank of said Amelia river, fourteen hundred yards;
thence alone a section of a circle, whose radius is fourteen hun-
dred yards distant from the said point of beginning, to a point
on the eastern bank of the said Amelia river; and thence south-
wardly along the eastern bank of the said Amelia river, to the
point of beginnilig-and their successors be, and are hereby de*
dared to be a body politic and corporate, by the name and style
of the city of Fernandina, with all the rights, liberties, privile-
ges, powers and authorities incident to, and appertaining to acor-
poration, body politic, or natural person, and by the said name
and style, may sue and be sued, plead and be impleaded, hold,
possess and enjoy, real estate, and personal property, and dispose
of, and transfer the same, and so dispose of, and manage the
funds of said city, as shall be most beneficial to the interests thereof.
Sec. 2. Be it further enacted, That the government of the
said city shall be vested in a person, to be called the mayor, and
four aldermen, to compose a council for the management of the aufaor adm
affairs of the city. The said mayor and aldermen shall be elect-
ed annually on the first Monday of April, from amongst such of
the qualified voters of said city hereby incorporated, as shall have
resided within the limits thereof, at least one year, and shall be
housekeepers therein.
Sec. 3. Be it further enacted, Thatthe said council shallhave
power and authority to pass all lawsand ordinances, that may be
necessary and expedient for the good government of said city,
and the preservation of the public morals; Provided, that they
are not inconsistent with the constitution and laws of the United Bye-lawt
States, and the power hereby granted, and prohibit and punish
offences against the public peace: Provided, no law or ordinance
in this respect, shallbe inconsistent with any law of this Territory.
They shall especially have power to regulate, improve, alter and
extend the streets, lanes, avenues and public squares, and to open
new streets, and cause encroachments, obstructions, decayed
buildings, and old ruins to be removed, making the parties in-
jured by any improvements a just compensation, and charging up-
on those benefitted, a reasonable assessment, to be ascertained in
such manner as shall be agreed upon by the parties, or by a jury
of twelve men, to be organized in such manner, as by ordinance
the said council may provide. They shall have power to pre-
vent and abate nuisances, to order and compel the owners or or-
[9]

#Upants of lotsupon which pools of water are, or are likely to-
accumulate, to fill them up: regulate and compel parties by or-
dinances, or otherwise, to erect and keep in repair partition fen-
ces, and may pass all laws and ordinances, that may be necessary
to preserve the public health. They shall have authority to guard
against the introduction of infections, or malignant diseases, and
for this purpose may prohibit, or regulate the ingress, or ap-
proach of vessels into the waters of the harbor, and whenever
necessary, may compel them, under fixed and certain penalties,
to perform quarantine, and observe such other rules and regula-
tions, as to the said council may seem proper by ordinance to
establish. They may appoint pilots for the bar and harbor, and
pass all necessary laws for their government, construct wharves,
keys and docks, and regulate wharfage, dockage and the mooring
and anchoring vessels, erect bridges and ferries, and establish the
rates of ferriage and tolls. They may erect all .necessary pub-
lic buildings, and dispose of the same as the interests of the city
may require, and make and sink wells, erect pumps, dry drains,
and do and perform all such other act or acts, as shall seem ne-
cessary, and be best adapted to the improvement and general in-
terests of the city-and pass all necessary laws, to guard against
fires, and to ensure the sweeping of chimneys: they may establish
and regulate markets, and require all persons bringing fresh pro-
Visions into the city, to exhibit them for sale, at proper market
hours-establish and regulate the weight and assize of bread-
the inspection ofprovisions or otherproduce, (being of the growth
or manufacture of this Territory) that may be brought in said
city for sale, or which may be sent from it-the guaging of li-
quors-the measuring or weighing of any articles of produce or
merchandise, and the storing of gunpowder, and all naval and
military stores, not the property of the United States. They
shall have power to tax auctioneers, and license and tax retailers
of goods, and liquors, hawkers, pedlars, tavern and public board-
ing house keepers, hackney carriages, carts and drays, restrain
lotteries, tippling houses, gaming houses, houses of ill fame, and
theatrical or other public exhibitions, suppress riots and disorderly
assemblies, and may provide for the punishment of all persons
guilty of breaches of the peace, withinthe limits of said city, by
fine and imprisonment, Provided, the fine shall in no case exceed
five dollars, and the imprisonment five days.
Sec. 4. Be it further enacted, That the said city council shall
further have power and authority, to provide by tax or otherwise,
te poor. a fund for the support the of poor, the infirm, the diseased, and
insane: to establish public schools and provide for their main-
tainance, and to organize patrols, and provide for the punishment
of negroes and persons of color.
Sec. 5. Be it further enacted, That the said council shall
have power to assess, levy and enforce the collection of all such_

taxes anid other impositions, as may be necessary for the support
of the government of said city, and the improveienit thereof:
Provided, that no higher rate of tax shalr be levied upon real es- To collect:
tate, than one half of one per cent on the assessed value thereof, taxes.
to be determined by assessors chosen in such manner as said
councilmay provide: and the said taxes to be collected by dis-
tress and sale, after defaultshall be made m the payment'thereof,
in the most convenient and least expensive ndoppressive way, as
to said mayor and alderman small be demned e'xpedibnt-and ghe
said council shalr have power, furAtqi t 'provide for the trial of'
all offences that May arise dider he ordinances of said city; adi
shall enforce the collection o fiiV taul penltiis, that may
arise as aforesaillin such manner gs sail council by ordinance
shall provi e. : ., .. r
Sec. 6. g it further enacted,, That it shall be ~e duty of
the mayor, to see that the-ordin'anOes f ete cit are faithfully ex- Dutips of
ecuted, recommend for appointment all necessary. city officers, the inayo
arid reportand cause their removal *BIleevrerAy negligence, or
miscondueitthe interests of the cit: may require: it' He shall
preside at all meetings of the boaitd, aril .ioposesuch measures
as he shall think important to the public interests, but shall only
baihntitled to a casting vote, aud hesl4ilhat eRo power to comreaje
the.board,,wh ever itinay betdtemed necessary ftItshall hae,
possess, e^r ~ a e enjoy all'tha, powers, duties, and privileges
of tL justice of e peace* '
Sec. 7. Bet firte ted, That t,.nior an two al-
dermen shall form :h quqrum for the transaction of all' business;
they may compelthe attendance of teir absent men)ers, under
such pains and penalties;iaby rules may be pres6ried; judge
of the qualificati~is of'membei, and of the sufficiency correct-
ness or regulakt f eleefionpl l turns, settle 1hir: own 'irles of Quonim
prQcezding, &%pon,'iecpomnmendatidn other nor, appoint
and&eimove al fc ndx th co ns ~ ob,'na establish.
suc es as nm ht to sa4io or sunc ervic, as may
be require of ithefl. ,irr meptins shall Ae' public,;: and they
shall cause jpgurnal -their'proceedings,.to be keRt ,and regu-
larly au~nticated0bySthe signature of the mayor and clerk,
which shall be kept6pen1 r a[i Hispectiort of all wlI. may be
interestia in' the proredigs o~ st U council~ Thye4a2sdnays
upon any.qusstion shall be, ered upon tgey: journals, ppon a
call of any two iiaeters:;' ~eyshall mak.' public all their ordi-
nances, and re riuions, before they shall have forceand efficacy,
by publishing them i some ne paper printed in the city, or by
posting written copies thereof, inr three or more public places, if
none be published therein. t
Sec. 8. Be itfurther enacted, That all white male inhabitants t
of the age of, twenty oin years, and over, who shall have resided sufrage
within the said cityz'1t least twelve months imnrdiately preceding

tle day of election, All be entitled to vote for mayor and at.
derimen, tley being ciuzens of the United States-all votes shall
be given by ballot.
Sec. 9. Be it further enacted, That the elections shall be con-
atitaons, ducted by three inspectors, to be appointed at least two weeks be-
lore the day of election, by the mayor; the said mayor shall also
appoint the place of holding the election, and give, public notice
thereof, for the like period of time. '
SSec.. 10. Be itfurther enacted, That'the said inspectors shall
be judges of the rluahfieations of voters, and it shall be'the duty
?c^tow of them, oirany"two of thent, pn the ftav appointed by law for
"old&g the electiph,-to open tfe poll for the reception of votes,
an] to cause the names of' tert'to be ifecorded in a book to be
kept for that purpose, _Wic~ shell be deposited at the close of
each electiornamongst the ar chives of the corporation: the poll
shall ope'fat riine o'clock in the morning, and close-at five o'clock
il the afternoon, after which the inspectors shall proceed to count
the votes, and declare the persons elected, as mayor and alderrne.!,
and make opt a written c ertificate thereof, at the foot of. the poll
list, and deliv'r a copy to the mayor elect, who upon 'eceipt there-
of, shall signify his"acceptance or refusal.

.ec. 11. Berififurther enacted, That if the said mayorlect,
shall si"gnitf"is acceptancee of said office,'the mayor shall as soon
as practicable'at any time within five days;, fsdn hle .he board,
and in their prts'ince administer to,,him the following oatD--' I,
r A' A.B do solemnly swear, (or affirm) that' L. will to the utmost ,f
my, power, support, advance and defend Nh9 interests, peace md
good order of the city of Fernandina,. and faithfully discharge
the dutieb'of mayor of said city, during my continuance in oflct;
and I dt.further swear, that I wiJl.support thbeconstitution of the
UniteStates' nad the mayor etci, upon1Seg thus qualified,
shall then istp-te like. oath to, tie- aldirmen ele4 jand
therepp eid lus ithe former 6o hall cease.
Sec., -r Iaie(d, Tbat, T e ma yorel@, or
eancies any of the aldermen shalldeclineto accept the office to which
he or theympy have been elected, or if accepting, any, or either
of them shallnodi*qunlify by taking the prescribed oaths within
five dayithat then the mayor iToficd,' orhth person exercising
the dutie ethefeof,.shall by proclamation, direct an election to ,e
held, for supplying such seats in tlihboard, as' may be vacant,
giving at least oridweek's notice thereof;-designating at the same
time, the persons appointed to superintend and conduct the said
election.
Sec. 13. Be itfurther enacted, That if the office of mayor, or
N w elec any alderthen shall at any time become vacant by death, resig-
41,.- nation, removal or otherwise, it shall be the duty of the mayor,
or the person exercising the duties of mayor,- agreeably to this

mict, in like 'mifnnr *~s i pr',vi'' i i the pro"l-b section, te or-
_ec. i4. D) !fj rb'i!,r 'nacttdi, That tihe iaror and alder-
men now in office, shallbe continued therein, until the next regu-
aur period of election, and if i'omn any circumstance, an election Offers
Wihould not be held on the regular day oi'election, the mayor and
aldermen then in office shall be contimiod tiherein, until others
shall be elected and dul'v 1:i:hied.
Sec. 15. ,3c it fiurt/i.r c cted, That the act entitled, "an act
to incorporate the city of Fernaudina," approved January 1st' Actof182A
1325, be and the same is hereby repealed, but all laws, ordinances repealed.
awd resolves, in force at the repeal of said act, slvill continue to
be in force, until altered, amended 'r repealed, and all fines, pen-
alties and forfeitures, thai Live nernued tfhder said acts, be re-
covered in the same manner, as if .te said act hoaby repealed,
was still in force. ,
Sec. 16. And be it further enacted; That this act shall have
ifect from the tinn of 'he publication theieof..,
Passed, ieb. 10, 1831. ; FApPRovEb, Feb. 13, 1831,

4 .
AIAOCT to inco;ppatlr a cnmpanyto be .ntT!edthe "Leon ailWay ComPa ."
sSec. 1.-B iy 'i'ld Y the Governor and Legislative Council
of'''e' Ferritory of FPYhrrla, That Henry, Bond, Robert Y.
W ,W'ord, KobertW..iiiliamsx Isham G.-Sre,.John Y. Gaey companv
a.difThi:uas Brown, and such other persons as they pay receive incoriporarr
irt.. their coinpaly,. and their heirs'uccessorsaand assigns, are
hi e'v created,"coastituted and. fidined, and forever shall.be a
bdiiv potic, bvYthe name aniF style,9f the ieon Rail Wa.
go rtiuvy," 4irlr such'-pribrate name shaUbi ca abl in law
"tobt.h purch a, hlol %ovey,,both e ipan(inal estate,
so as the am ife'ceisazy fr poses affecting
th~ tject of tie ?iorporati qn-rebyreate ; .te tract and
be conffected Sith'sue'Ind be saed to plead and beimpleaded,
-0 faire a iisaa'ewnii 'n sea k and the same. to a*ir and review
AAltthey ray-deemn t neceparyor' expedi'Aft; and to do and
ae ltrm all other l~ful-ac14s "ld things incident an dtinent to
j-comporate body, and wlch may'~fe necessary and pritoer for th
t&nvcnient transaction of its allairs: P .vi'ed, nothingherein
contain -shalB .th~br0isehee company to is ie notes or.bills of
.credit, or in any way to exercise banking powers.
S# 2*. Be i fifurthler enacted, That the said company shall
have power to enact a code ofby-laws for its government, which
said laws shall be valid and operative in all cases: Piirided, said
laws -re'.,ot ind6nsistent with the lawg of the United States and
0f thifd:tritory.

68

Sec. 3. hc rit frttcr enacted, That the said company shall
at such time and place, and under such regulations, as tllh\ mn;!
*,lcuiou. in their by-laws prescribe, hold annually an election for a prei-
dent, and as many directors as shall be requisite for the maina~c-
ment of the business of said company, and the said president and
directors, when elected, shall have power to appoint such subor-
dinate otiicers and agents as may be necessary, and shall be ca-
pable of exercising such powers and authority ior the well gov-
ernment and good order of the affairs of the said company, as tc
them shall appear conducive to its interests and the public good.
Sec. 4. iB it.further enacted, That the stock of said com-
pany shall be divided into as many shares as the said company,
fe.., by its by-laws, shall direct, and tile scale of suiirage shall in like
manner be regulated; and when necessary, it shall be lawful or
the president and directors of said company, at such time and
place as they may determine on, shall open, or cause to be opened.
books for the purpose of receiving subscriptions for the capital
of said company, by instalments or otherwise: Proridcd, the
same shall never exceed the sum necessary lor the completion and
continuance of the objects of said company.
Sec 5. Be it further enacted, That the said company shal
have the right, and the same is hereby fully granted to them, to
Coaytruct construct a Rail Way for tle transportation of produce, goods,
merchandize, and all other articles whatsoever, and for all
other useful purposes, from the city of Tallahassee to Fort St
'Marks, or to any pjnt or place on the river St. Marks, or V,-
culla, and for this purpose they may commence their work at an5
point or place in or adjacent to the city of Tallahassee, whlch
may be best suited to the accomplishment of their object, and
pursuing such course and direction with'the same as may bc
deemed most advantageous by th,president and directors of th(e
said company:' Prquided, the said company shall at all times
keep suitable and convenient fixtures for .vehicles of every kind
to cross saidrail road wherever it may be necessary for county or
neighborhood roads to cross the same ;-and. in no wayto inter-
fere with the present established roads without the like fixtures,
or as convenient a road at the expense of said company. .
Sec. 6. Be it further enacted, That in constructing the said
rail way, it shall and may be lawful for the said company, by its
'nTmerupon president and directors thereof, or by its proper authority, to enter
tands.ac. upon and take possession of any land whatsoever, which mav be
necessary for the completion of the work contemplated by thi-
act : Provided, that no land owned by private individuals shall
be taken and appropriated to the purposes aforesaid without ade-
quate compensation.
'To t,,, Sec. 7. Be it further enacted, That it shall and may be law-
mcri.er,. fitl for the president and directors of said company, or their pro-
perly constituted agent, to take from any land most convenient

Said rail wa'y. at all times. such timber, stone. or other mate-
:'i n' :i i lv he necssnrv for the constni('ton oi'. na i k c 'ping
n renair, th,' s id rail way : Provided, that nothing beloining
r,; rivatc individuals shall be taken without adequate compensa-
tion, to be determined in the manner hereinafter provided.
Sec. S. ei it further enacted, That whenever it shall become
necessary lor the said company to take possession of, and use
,anv land, timber, stone, or other materials, owned by private in-
dividuals, for the route or site of said work, or for the construc-
t, n and keeping in repair the same works, or any part thereof,
and if thle parties do not agree on the value of the same, it shall
and may be lawful for the president and directors of the said Writ of ad
company, or their properly constituted agent, on giving ten days q:ga t dam-
notice at least in writing to the party owning the same, or to his, num.
her, or their agent, to apply to the judge of the county or supe-
rior court for a writ of ad quod damnuam, directed to the sheriff,
marshal, or other officer, to' summon five disinterested house-
holdrs of lawfil age, to meet and ;alue the said property on
oath to be administered by the judge, marshal, sheriff, or other
officer summoning the same, whose duty it shall be to attend in
person the said inquest, and receive their report; and also to
receive from the said president and directors; or their agents, the
sum or sums of money awarded by the persons summoned as
aforesaid, and pay over the same to the person or persons entitled
to receive.it, -and to take, an acquittal or a refusal for the same,
on tender of the stin awarded'tO the party e.iti'tlea to receive it,
or to his, her, or .their"age4ts or attorneys; it shallbe lawful f'or
the said company to ta.e possession o6,and use such lan, timber,
stone and other mat p,' butall the expenses and cost iiiourred
by the writ of ad daimnnum shall be paid by the president
and directors of 'sa company : Provided, that the appraisers
shall not be allowed Minrethiaon dollar each'per- da while en-
gaged inSuch duties. '; 4
Sece9. .Be itfur# enacted, That all property sAissessed
and paid for by the p gsitRit an directors of said company, o Ri ht of
their agents, agsttbh kto dtl provision 'of this act, and all do.' "Prper
nations made t6 and for ihe'sa in sal forever afterwards belong
to, ain become the property ote said company, their heir,
successors and assigns, in fe$ mpr in proportion to the shress.
owned respectively. ,
Sec. 10. We it further ena&c d, That it shall be the duty of
the presideditand directors of the said company, to commence When to
the work for the eonstri d n,of the saidirail way within the pe- commence
riod of iko years, fromand'after the passage of this act, other-
wise this charter to b'null-and Ad. .4,
Sec. 11. Be it further etacted, That the said company shall
have the exclusive i~liJege of constructipg a rail wai)y or rail
ways, floni .ome pogj at, or adjacent to, Tallahassee to St.

Mirks, or to any point or place on the "V-c,'!0, St. Marks, and
Apalachi, rivers, for and during the period c'o tweiny years froin
Er-& ..e and after the completion thereof: Provide.!, that the said coin-
pil vje p, y shail complete, or cause to be complete. the id rail way
within five years from and after the date of thi. act, and shall
ke-p the said rAil wyv in giod and complete repair during the
period of twenty years aforesaid.
Sec. 7 Beit further enacted, That any shareholder of the
said c' -nnany, may and shall have the right to dispose of, and
S transfer his, or htrinterests, in the same, or any part thereof, to
trancr. any other person, or persons, but the stock of the said company
and all the property belongings tlereto, or which may from time
to time be acquired by the "said company, shall be held jointly
and not seperately: Provided, that nothing in this act contained
'shall be construed as to prevent the members of said company
,from using the profits and dividends which may be declared upow
the said stock, to his, or her, individual purposes.

Sec. 13. Be it further enacted, That the president and di-
rectors, of said company, shall have a right to demand and re-
ceive such tolls and fees for the transportation of goods, wares,
mnrighandize, p-roddnce and other'articles on said rail way, as may
b~j froii time to time, established .y the by-lawspf(aaid company:
Protidcd, that the tolls or feesshallpot at any time-be increased
by the president td glirectors of sajc company, without public
Tolls, & n~i e duly give, ai i the said company shall continue to re-
ceive suclhtolls and fees, as from time.to time may be established
by;its by-laws, so long as said rail way hall be kept in sufficient
order and repair by the said' company, theil6je, ji successors and
assiglis for.the transportation aforesaid, adln produce, goods,
wares, merchapdize, and other arei4g, and m ings, transported
or conveyedwon the a'i rail way,"hal be liable'for the tolls and
fees with which thpy n'i berespectweliiargeabl, and may be
detained uitil the same e aiddand dischargedd: "Providedf that
the toll for the transportation of country produce, goods, wares,
al' merchandize ,to and 'from Tallahalsee to S' Marks, or tb
any point on the St.Marks agd'jaculla rivers, shallnot exceed
twelve-and-a-Valf cents per onefanijed pounds.
'S1ec. 4..B it ffurthe r enacted < hat the rate of toll upon
sai4 rail road shall be subject to the control of the. corporation
hereby, created: Provided, howeYer, that the said company shall
reaurappoint a treasurer, who shall take an oath to keep a trunaccount
of all monies received as toll ;..a strict account shall also be kept
by said company of all the money vested in the constructing of
said rail r'ad, as well as keeping the same in repair, and all other
contingent expenses; ankalso of the sums received from time to
time astol; and the bokl, of said compSty shallfWays be
open for the inspection of the legislative council.

Sec. 15. And be it further enacted, That after the amount
of money vested in the construction of said rail road, together
with all monies expended in repairs, and other contingencies, be Topayinto
refunded to said company by the distribution of dividends as treasury
hereinbefore provided for, together with twelve-and-a-half per
cent. per annum on amount of capital stock, then the said com-
pany shall thereafter pay over to the territorial treasurer, annual-
Iv, the whole amount of money received for toll on said road, "
after deducting therefrom all the expenditures incurred by sai4.
company in keeping said road in repair, and in paying their of-
ficers, together with ten per centum upon the amount of the capi-
tal stock of said company; which ten per cent. shall be paid over
to the stockholders as a dividend, should the nett profits amount
.o that sum.
Passed Feb. 9, 1831.
[REJECTED by the Governor, Feb. 11, 1831.
Reconsidered by the Council, Feb. It, 1831, and passed by a requisite majority,

An ACT concerning the hireitng of Slaves,
SI1. Be it enacted by the (ofiernor anult eestatisve CootQ
of the Territory of k-orida, That in all cases where "anyuslav~
or slaves, shall or may be hired out, within this Territory, tHil. AIastee tc
owner or owners thereof, shall be liable and eompellablW in lIw, Ya~R seedi"
to pay such.mNdical aid and services, as may be necessary to ss er
slave or slaves.
2. And be'i4 fdrthr enatgd' c't this act'shall e in forge
from the firsi day a' March. ''.
Passed, Feb. 3, ?~31. "[APPROVED, Feb. 7,i831.-y-

An AQTionieereupg the fpau pteof Jackson county.
"'Be it na tAhe avearniiand.'Legisdative Council off fj
Teoryi ofy q That i ~ be lawful fz 'th'e c i zens
Jackson county, entiled tb iote r : members of th gfi al e
cAncil, at the next -annuahi section for said member toa ed,&c.
from each election precinct in said county, a commissioner n ..
the said amissionerso electdiall reporYt 6 the nixt
ture, the'expediency ofpmoving the county seat of said county
and tbplace selected by them, t&o&ab1ihe next legislative coun-
cifto ak ca n'in conf6 o ty with ithjaiw, Congress,
and the us ss Qi~t t m such cases. .
Ia 1 ,eb 1831 [APPiVED,4b* lt1"

nfm

An ACT to incorporate the city of St. Augustine
Sec I. e it enacted by the Governor and Legislative Council
of the Territory of Florida, That all the free white inhabitants
town in. residing within the limits of a line drawn east and west, com-
corporated mencing at low water mark on the North Beach, and running
vest to the river St. Sebastian, so as to include Bar creek; thence
along the western shore of said river to its mouth ; thence east
to the eastern edge of the southern sand bank, at the entrance of
the harbour; thence north to intersect the first line on the north
beach at low water mark; and their successors be, and are hereby
declared to be a body politic and corporate, by the name and style
of the city of St. Augustine, with all the rights, liberties, privile-
ges, powers and authorities incident to, and appertaining to a cor-
poration, body politic, or natural person, and by the said name
and style, may sue and be sued, plead and be impleaded, hold,
possess and enjoy, real estate, and personal property, and dispose
of, and transfer the same, and so dispose of, and manage the
funds ofsaid city, as shall bemost beneficial to the interests thereof.
Sec. 2. Be it further enacted, That the government of the
Mayor and said city shall be vested in a person, to be called the mayor, and
Widermea. four aldermen, to compose a council for the management of the
affairs of the city. The said mayor and aldermen shall be elect-
ed annually on the second Monday of November, from amongst
the qualified voters of said city.
Sec. 3. Be it further enacted, Thatthe said council shallhave
power and authority to pass all lawsand ordinances, that may be
necessary and expedient for the good government of said city,
and the preservation of the public morals; Provided, that they
are not inconsistent with the constitution and laws of the United
States, and the power hereby granted, and prohibit and punish
Bye-law. offences against the public peace: Provided, no law or ordinance
in this respect, shallbe inconsistent with any law of this Territory.
They shall especially have power to regulate, improve, alter and
extend the streets, lanes, avenues and public squares, and to open
new streets, and cause encroachments, obstructions, decayed
buildings, and old ruins to be removed, making the parties in-
jured by any improvements a just compensation, and charging up-
qn those benefitted, a reasonable assessment, to be ascertained in
slel" manner as shall be agreed upon by the parties, or by a jury
of twelve men, to be organized in such manner, as by ordinance
the said council may provide. They shall have power to pre-
vent and abate nuisances, to order and compel the owners or own
cupants of lotsupon which pools of water are, or are likely to
accumulate, to fill them up : regulate and compel parties by or-
dinances, or otherwise, to erect and keep in repair partition fen-
ces,:andmnay pass all lws and ordinances, that may be necessary
to preserve the public health. They shall have authority to guard

aLainst the introduction of infections, or malignant diseases, ant
;or this purpose may prohibit, or regulate the ingress, or ap.
roach of vessels into the waters of the harbor, and whenever
necessary, may compel them, under fixed and certain penalties,
to perform quarantine, and observe such other rules and regular.
tions, as to the said council may seem proper by ordinance to
establish. They may appoint pilots for the bar and harbor, and
pass all necessary laws for their government, construct wharves,
keys and docks, and regulate wharfage, dockageand the mooring
and anchoring vessels, erect bridges and ferries, and establish the
rates of ferriage and tolls. They may erect all necessary pub-
lic buildings, and dispose of the same as the interests of the city
may require, and make and sink wells, erect pumps, dig drains,
and do and perform all such other act or acts, as shall seem ne-
cessary, and be best adapted to the improvement and general in-,
terests of the city-and pass all necessary laws, to guard against
fires, and to ensure the sweeping of chimneys: they may establish
and regulate markets, and require all persons bringing fiesh pro-
visions into the city, to exhibit them for sale, at proper market
hours-establish and regulate the weight and assize of bread-
the inspection of provisions or otherproduce, (being of the growtl
or manufacture of this Territory) that may be brought m said
city for sale, or which may be sent from it-the guaging of'li-
quors-the measuring or weighing of any articles of produce or
merchandize, and the storing of gunpowder, and all naval and
military stores, not the property of the United States. They.
shall have power to tax auctioneers, and license and tax retailers
of goods, and liquors, hawkers, pedlars, tavern and public board-
ing house keepers, hackney carriages, carts and drays, restrain
lotteries, tippling houses, gaming houses, houses of, ill fame, and
theatrical or other public exhibitions, suppress riots and disorderly '
assemblies, and may provide for the punishment of all persons
gfiilty of breaches of the peace, withinthe limits of said city, by
fine and imprisonment, "Provided, the fine shall in nO case exceed
five dollars, and the imprisonment five days.
Sec. 4. Be it further enacted, That the said city council s~l
have power and authority, to provide, by tax, or otherwie, Fund for
a fund for the support the of poor, the infirm, the diseased, arnd the poor.
insane: to establish public schools and provide for their mfi'u
tainance, and to organize patrols, and provide for thepunisl~iezt
of negroes and persons of color.
Sec. 5. Be it further enacted, That the said council shall
have power to assess, levy and enforce the collection of all such Tocolleqt
taxes and other impositions, as may be necessary for the support taxer.
of the government di said city;,"and the improvement thereof:
Provided, that no higher rate ot tax shall be levied upon real es-
tate, than one half f one per cent on the assessed valI thereof,
to be detemined b ssessors chosen iA such manner as said

oQuncil may provide: and the said taxes to be collected by dis-
tress and sale, after default shall be made in the payment thereof,
in the most convenient and least expensive andoppressive way, as
to said mayor and aldermen shall be deemed expedient-and the
said council shall have power, further to provide for the trial of
all offences that may arise under the ordinances of said city, and
shall enforce the collection of all fines and penalties, that may
arise as aforesaid, in such manner as said council by ordinance
shall provide.
Sec. 6. Be it further enacted, That it shall be the duty of
the mayor, to see that the ordinances of the city are faithfully ex-
Nuties of ecuted, recommend for appointment all necessary city officers,
hhe mayor, and report and cause their removal whenever by negligence, or
misconduct, the interests of the cit3 may require it. He shall
preside at all meetings of the board, and propose such measures
as he shall think important to the public interests, but shall only
be entitled to a casting vote, and he shall have power to convene
the board, whenever itmay be deemed necessary. He shall have,
possess, exercise and enjoy all the powers, duties and privileges
of a justice of the peace; and within the limits of said city, shall
have jurisdiction in all civil cases wherein the amount in contro-
versy shall not exceed one hundred dollars.
Sec. 7. Be it further enacted, That the mayor and two al-
dermen shall form a quorum for the transaction of all business;
they may compel the attendance of their absent members, under
uch pains and penalties, as by rules may be prescribed; judge
Quorum. of the qualifications of members, and of the sufficiency, correct-
ness or regularity of election returns, settle their own rules of
proceeding, and upon the recommendation of the mayor, appoint
and remove all officers, and fix their compensation, and establish
such fees as may, or ought to be allowed for such services, as may
be required of them: their meetings shall. be public, and they
shall cause a journal of their proceedings to be kept and regu-
larly authenticated by the signature of the mayor and clerk,
which shall be kept open for the inspection of all who may be
iatrestedin the proceedings of said council. Theyeas andnay~
upon any question shall be entered upon their journals, upon a
call of any two members: they shall make public all their ordi-
rances, and resolutions, before they shall have force and efficacy,
by publishing them in some newspaper printed in the city, or by
posting written copies thereof, in two or more public places, i"
none be published therein.
Sec. 8. Be it further enacted, That all white maleinhabitant-
Right of of the age of twenty one years, and over, who shall have resided
suffrage within the said city, at least twelve months immediately preceding
the day of election, shall be entitled to vote for mayor and al-
derrnen, they being citizens of the United tates-all votes sha!l
be given by ballot. i

Sec. 9. Be it further enacted, That the elections shall be con- Electior-
ulucted by three inspectors, to be appe.n~el -I least two weeks be-
fore tile day of election, by the mayoR;; the said mayor shall also
appoint the place of holding the election, and give public notice
thereof, for the hke period oi'time.
Sec. 10. Be it further enacted, That the said inspectors shall
be judges of the quahlications of voters, and it shall be the duty Inspecto'
of them, or any two of them, on the day appointed by law for
holding the election, to open the poll for the reception of votes,
and to cause the names of voters to be recorded in a book to be
kept for that purpose, which shall be deposited at the close of
each election, amongst the archives of the corporation: the poll
shall open at nine o'clock in the morning, and close at five o'clock
in the afternoon, after which the inspectors shall proceed to count
the votes, and declare the persons elected, as mayor and aldermen,
and make out a written certificate thereof, at the foot of the poll
list, and deliver a copy to the mayor elect,,who upon receipt there-
of, shall signify his acceptance or refusal.
Sec. 11. B: it further enacted, That if the said mayor elect,
shall signify his acceptance of said office, the mayor shall as soon
as practicable, at any time within live days, assemble the board, Onth
and in their presence administer to him the following oath :-" 1,
A 3 do solemnly swear, (or affirm) that I will to the utmost of
my power, support, advance and defend the interests, peace and
good order of the city of St. Augustine, and faithfully discharge
ti" duties of mayor of said city, during my continuance in ofict;
an, I do further swear, that I will support the con;.:titrtion of the
Umted States;' and the mayor elect, upon being thus qualined,
shall tien administer the like oath to the aldermen elect, and
thereupon the duties of the former board shall cease.
Sec. 12. Ile it further enacied, That if the mayor elect, cr
any of the dldermen shall decline to accept the office, to .which vi,,,,,
he or they may have been elected, or if accepting, any, or eirher
of them shall not qualify by taking the prescribed oaths within
five days, that then the mayor in office, or the person exercising
the duties thereof, shall by proclamrticn, direct an election to be
held, for supplying such seats in the board, as may be vacant,
giving at least one week's notice thereof; designating at the same
time, the persons appointed to superintend and conduct the said
election.
Sec. 13. Be it farther enacted, That if the office of mayor, or
any aldermen shall at any time become vacant .by death, resig- New e
nation, removal or otherwise, it shall be the duty of the mayor, tio-m
or the person exercising the duties of mayor, agreeably to this
act, in like manner as is provided in the preceding section, to or-
der anew election to fill such vacancy or veaancies.
Sec. 14. Be it further enacted, That the mayor and alder-
men ngw in office, alaliibe continued tnvreit, until the next retu-

lar period of election, and if from any circumstance, an election
Den,,. should not be held on tile regular day of election, the mayor and
aldermen then in office shall be continued therein, until others
shall be elected and duly qualified.
Sec. 15. Be it further enacted, That the act entitled, "an act
to incorporate the city of St. Augustine," approved December
28, 1824, and all other acts and part of acts supplementary thereto,
fpeed, are hereby repealed; but all laws, ordinances and resolves, in
Torce at the repeal of said act, shall continue tobe in force, until
altered, amended or repealed, and all fines, penalties and forfeit-
ures, that have accrued under said acts, may be recovered in the
same manner, as if the said acts hereby repealed, was still in force.
Sec. 16. Be it further enacted, That it shall be the duty of
tie said council, to make provisions for, and establish a school
for the education of free white children of both sexes, within the
boundaries of said city; which school shall be free to all such
children-And the said council may pass such ordinances as they
Dr.ties of may deem necessary for compelling persons to whom any such
wounil. children may be apprenticed, or under whose charge such chil-
dren may be, to send them to the same; and the said school shall
be under the government and superintendence of three trustees,
appointed annually, on the first of March by said council; and
any vacancy occurring in said board, shall be forthwith filled by
said council: said trustees shall have power to make all necessary
rules and regulations for the government of said school, to ap-
point a teacher or teachers for it, and allow such teacher or teach-
ers such compensation as they may deem proper; and make re-
port of their proceedings to the said council, when requested or
directed-And it shall be the duty of the said council to pay over
to the said trustees, one-fourth of all the taxes collected, to be
appropriated towards the support of said school; and no such
children shall be admitted into said school, whose parents or
guardians, or other persons having them under charge, shall not
pay a city tax.
Sec. 17. And be it further enacted, That this act shall have
effec from the time of the publication thereof.
Passed, Feb. 4, 1831. [APPROVED, Feb. 11, 1831.

AnaAT to.incorporate the Planters and Citizens' canal company, in the Eastern
district of Florida.

WHEREAS, Gabriel W. Perpall, William H. Simmons, Daniel
?reamble. S. Griswold, John Lee Williams, John ,M. HIanson and others,
have associated themselves together, for the purpose ofconstruct-
ine a c4nal to connect the waters of the. Matgazas and Halifax
rivers.2in the coundee of St. Johns and Mosquito, and havepray-

ed to be incorporated, the better to enable them to carry into ef-
fect the objects of their associations: Therefore,
Be it enacted by the Governor and Le Lislative Council of the
Territory of Florida, That allsuch persons as now are, or here-
after may be associated with them, shall and are hereby declared Comp'"y
to be a body corporate and politic, in name and in fact, by the
name and style of the "Planters' and Citizens Company,' and
that they and their successors, by such name shall have power,
and be capable of contracting, and being contracted with, of
suing and being sued, pleading and being impleaded, defending
and being defended, answering and being answered unto, in all
courts of judicature whatsoever, and whensoever, and the said
corporation may have a common seal, and may destroy, alter and
renew the same at their pleasure.
Sec. 2. Be it further enacted, That the capital stock of said
company shall be ten thousand dollars, to be divided in shares of
twenty five dollars each, that the property and concerns of the btooLc
said company shall be managed and conductedby eight directors,
one of whom shall be president thereof, who shall hold their offi-
ces until others shall be chosen by the stockholders, and no lon-
ger, which directors shall be chosen onthe first Monday in Jan-
uary, in every year, at such time and place as the directors for Electiewv.
the time may appoint, of which election public notice shall be
given in a newspaper, printed in the city of St. Augustine, at
least twenty days previous to such election, and every such election
shall be holden under the inspection of three stockholders, to be
appointed by the directors, and shall be made by ballot by a plu-
rality of the stockholders present, allowing one vote for every
share, and the stockholders not present may vote by proxy.
Sec. 3. Be it further enacted, That the directors so to be cho-
sen, shall meet as soon as may be after every election, and chose
one from their own body to be their president, who shall preside s idenct
for one year, ad until another shall be chosen; and in case of the
death, resignation, refusal, or inability to serve" 'f any director,
such vacancy or vacancies may be filled for the remainder of the
year, by the board of directors, and the first directors -hall be,
Gabriel W. Perpall, William H. Simmons, Daniej S. Griswold,
John Lee Williams, John M. Hanson, David R. D nham, Jo-
seph M. Hernandez, and Douglass Dummett, onepf which said
directors, shall be elected president, and the said president ad di-
rectors shall respectively hold their offices, until the tirst'Mdnidgy
in January next, or until others are duly chosen iin their places.
Sec. 4. Be it further enaed, That in case it should at -any
time happen, that ap election of director; should 'pt be made on 'ime'or
any day, when puutiant to thi, act it ought tohve beer made,
it shall and may be lawful on any other da3, toehold 'and nake
an electit of di.torsi such manner as a'"be ej ied by
the b~lA% and or ances of the said corpu *'fon.'

JRiUt to Sec. 5. Be it further enacted, That the said stock in said cor-
;anser. portion shall be a3ssirnobMl and transferable, according to such
rules as the board of directors shall make and establish.
Sec. 6. Be it further enacted, That the lands, tenements,
wharves, boats, hereditaments and personal property, which it
shall be lawCfu for the said corporation to hold, shall be only
tRi'iht of such as shall be necessary for the convenient transaction of their
property, business, or such as may be granted bona fide to them, or mort-
Sgaged to them, or which may be conveyed to them in satisfaction
of debts, or to secure the payment of their stock.
Sec. 7. Be it further enacted, That the said corporation shall
have power and authority to create such offices, and appoint such
Officesand officers to them, as shall be necessary to conduct their business,
Jhccr-. and to employ such persons as they may think proper, in their
said business and affairs, and pay them such compensation as the
directors may think reasonable, and to displace such persons, and
to employ others when they shall see fit.
Sec. 8. Be it further enacted, That the said corporation shall
TBye-law,. have power to make and establish such by-laws and regulations,
touching the management of their concerns, as to them may seem
proper, Provided, the same are not inconsistent with the laws of
the United States, or of this Territory.
Sec. 9. Be it further enacted, That the duration of this cor-
poration shall be thirty years, and no longer.
Sec. 10. Be it further enacted, That the said corporation
shall have power and authority, to exact such tolls for the use of
'To. &c. the said canal, or any part thereof, or of the boats, waters, tene-
ments, privileges, advantages or appurtenances thereof, as they
may think reasonable and proper, which said tolls shall be paya-
ble in advance.
Sec. 11. Be it further enacted, That to enable the said com-
Bookstobe pany to effect the said work, it shall be lawful for the president
opened. and directors of said company, at such time as they may deter-
mine upon, to open or cause to be opened, books for the purpose
of receiving subscriptions, to increase the capital stock of said
company.
Sec. 12. Be it further enacted, That in accomplishing the
object for which said company is incorporated, it shall be lawful
Enterupon for said company, by the president and directors thereof, or by
:'ands. A. their properly authorized agent, to enter upon and take posses-
sion of any land whatsoever, whether covered with water or not,
which may be necessary to the prosecution and completion of th
works contemplated in this act, or whereupon it may be necessary
to open any canal, or to construct any dam, embankment, lock or
other, fixtures, intended or implied by this act.
Sec. 13. Be it further enacted, That it shall be lawful for the
To tak. president and directors of said company, or their properly au-
(inber.&e thorized agents, to take from any land most convenient to th:"

79

.aid canal, at all times, such timber, stone, earth, and other mae
terials as may be necessary for the construction of, and keeping
in repair the said works and improvements.
Sec. 14. Be it further enacted, That whenever it shall be-
come necessary for the said company to take possession of, and
use any land, timber, stone or other materials, owned by private
individuals, for the route and site of the said works, or for the rit of d
construction and keeping in repair the same, or any part thereof, quod damn
and the parties do not agree upon the value of the same, it shall num.
and may be lawful for the president and directors of the said
company, or their properly authorized agent, to apply to the
judge of the superior, or county court of the county in which
such lands, timber, stone, or other materials may be, for a writ of
ad quod damnum, directed to the sheriff, marshal, or other offi-
cers of said county, properly qualified, to summon five disinter-
ested persons of lawful age, and housekeepers, to meet and val-
ue the said property upon oath, to be administered to them by
the sheriff, marshal or other officer, summoning the same, whose
duty it shall be to attend said inquest in person, and receive their
report, and also receive from the president and directors of said
company, or their agent, the sum or sums of money adjudged
by the said report, andto pay over the same to the person or per-
sons authorized to receive it, and to take an acquittal for the same,
and until payment is made to the sheriff, marshal or other officer
aforesaid, of the sum or sums awarded, it shall not be lawful
for the said company to take possession of, or use such lands,
timber, stone, or other materials ; and also the expenses incur-
red in the execution of the writ of ad quod damnum, shall be
paid by the said company, but the appraisers shall not receive
more than one dollar each per day, while engaged in such duty.
Sec. 15. And be it further enacted, That this act shall be in
force from the passage thereof, and that it shall be fully com-
petent to future legislatures to repeal, alter and modify the same,
as the interest of the country may require.
Passed, Feb. 8, 1831. [APPROVED, Feb. 11r 1831.

An ACT to incorporate a company to be entitled the Wacissa and Aucilla navi.
gation Company.

WHEREAS, the interests of the territory would be greatly Prcamble
promoted by the clearing out of the channel of the Wacissa river
to its junction with the Aucilla river, and thence to the gulf of
Mexico:
Be it enacted by the Governor and LegislatiVe Council of the
Territory of Florida, That James Gadsden, Achille Mnrat, E.
B. Vass, William B. Nuttall, Thomas Rhiidall, John G. Gamble,
[I lt

8O

"Robert Gamble, William Bellamy, Samuel Proilan, Abram .'j
Cabell, and John A. Cuthbert, and such other persons as they
inpany may receive into their company, their successors and assigns,
ALcorporate shall forever be a body corporate and politic by the name and
style of the "Wacissa and Aucilla navigation company," and
by such corporate name shall be capable in law to buy, purchase,
hold, and sell real and personal estate, to receive donations, to
make contracts, to sue and be sued, to implead, and be implead-
ed, to have a common seal, and to alter or renew the same when
they may deem it necessary, to regulate the manner by which
shares in said company may be transferred, to make by-laws, which
shall not be contrary to the laws of this territory, or of the Unit-
ed States: and to do all lawful acts incident to a corporation,
and which may be necessary and proper for the convenient man
agement of its affairs.
Sec. 2. Be itfurther enacted, That the said company shall
annually hold an election, at such times and places and under
Erections. such regulation and restrictions as they in their by-lawslmay pre-
scribe, for a president and as many directors as may be required
for the management of their business; the number of directors
to be previously determined on and declared in their by-laws;
and the said president and directors, when elected, shall have
power to appoint such subordinate officers and agents as may be
deemed necessary, and at any time to dismiss them from office,
and be capable of exercising such other powers and authorities
for the well governing and ordering the affairs of the company,
as to them shall appear conducive to its interests.
Sec. 3. Be it further enacted, That the stock of said com-
pany shall be divided into as many shares as they may think pro-
Stock. per; and the votes of each stockholder shall be according to the
number of shares he may hold, to be regulated and agreed upon
by the said company and made known in its by-laws.
Sec. 4. Be it further enacted, That the said company shall
have the right to clean out and make the said Wacissa and Ocilla
CleaI out rivers sufficiently navigable for boats drawing not more than
river. eighteen inches water, from the head of the said Wacissa to the.
gulf of Mexico; and to effect the said object, the said company
shall have the right to cut such canals, erect such dams or em-
bankments, construct such lock or locks, and to make, construct
and erect such other works as they may deem necessary for mak-
ing said rivers navigable as aforesaid; and, furthermore, if the
said company shall hereafter deem it more advisable to connect
the Wacissa river with the St. Marks river, by a navigable canal,
they are hereby authorised and empowered to do so.
Sec. 5. Be itfurther enacted, That to enable said company
Bookstobe to effect the said work, it shall be lawful for the president and
opened. directors of said company at such time as they may determine
upon, to open, or cause to be opened, books for the purpose di

.tceiving subscriptions, to create or increase the capital stock oft
,aid company.
Sec. 6. Be it further enacted, That in accomplishing the ob-
ject bfr which said company is incorporated, by clearing out the Enterupot
channels of said rivers so as to render them navigable, or by lauds, &.
constructing canals or other works, it shall be lawful for said
company y by the president and directors thereof, or by their pro-
perly authorised agent, to enter upon and take possession of any
lands whatsoever, whether covered with water or not, which may
be necessary to the prosecution and completion of the works
-7ontemplated in this act, or whereupon it may be necessary to
open any canal, or to construct any dam, embankment, lock or
other fixtures, intended or implied by this act: Provided, that
no lands owned by private individuals shall be taken for said pur-
poses without adequate compensation.
Sec. 7. Be it further enacted, That it shall be lawful for
the president and directors of said company, or their properly Taketiu-4
authorised agents, to take from any land, most convenient to their ber, &c.
works, at all times such timber, stone, earth and other materials,
as may be necessary for the construction of, and keeping in re-
pair said works and improvements: Provided, that nothing be-
longing to private individuals shall be taken without adequate
compensation.
Sec. 8. Be it further enacted, That whenever it shall become
necessary for the said company to take possession of, and use any
land, timber, stone, or other materials, owned by private indivi-
duals, for the route and site of the said works, or for the con-
struction and keeping in repair of the same, or any part thereof,
and the parties do not agree upon the value of the same, it shall
and may be lawful for the president and directors of the said Writ of ad
company, or their properly authorised agent, to apply to thejudge qu dam.i
of the county court of the county, in which such lands, timber,
stone, or other materials lie, for a writ of ad quod damnum, di-
rected to the sheriff, marshal, or other officer, of said county,
properly qualified, to summon five disinterested persons of law-
ful age and housekeepers, to meet and value the said property
upon oath to be administered to them by the judge, sheriff, mar-
shal, or other officer, summoning the same, whose duty it shall be
to attend said inquest in person, and receive their report, and
also receive from the president and directors of said company, or
their agent, the sum or sums of money adjudged by said report,
and to pay over the same to the person or persons authorised to
receive it, and to take an acquittal for the same; and until pay-
ment is made to the sheriff, marshal, or other officer, aforesaid, of
the sum awarded, it shall not be lawful for the said company to
take possession of, or use such land, timber, stone, or other ma-
terials,-and all the expenses incurred in the execution of the writ
of ad quod damnum shall be paid by said company; but the ap,

praisers shall not receive more than one dollar each per day while
engaged in such duty.
5ec. 9. Be itfurther enacted, That all property so assessed
Right to and paid for, by the president and directors of said company, or
property. their agent, agreeable to the provisions of this act, and all pur-
chases made by, and donations made to them, shall forever after
belong to, and become the property of the said company, their
successors and assigns, in fee simple.
Sec. 10. Be itfurther enacted, That the president and direc-
tors of said company, shall be authorized to agree upon such rate
of tolls, for the use of such navigation, as they may deem rea-
sonable; and so soon as said rivers shall have been made navi-
gable from a point, one mile below the head of the Wacissa river
to the Gulf of Mexico, for boats having a draught of eighteen
Tolls, &c. inches of water, the said company shall be entitled to demand
and receive said tolls upon all produce, goods, merchandize, or
other articles, and upon all boats and other craft, which may be
transported upon, or pass down or up said rivers, or the canals
of said company-And the said company may from time to time,
as circumstances may require, change and alter said rates of toll
or fees: Provided, that no alteration which may increase the
rates of tolls, shall have effect until one month previous notice
thereof, shall have been given by advertisement, posted on the
courthouse of the county of Jefferson-And the said company
shall continue to receive and collect such tolls and fees, as they
may from time to time establish, so long as said navigation shall
be kept in sufficient order, for the transportation in boats as afore-
said; and all produce, goods, merchandize, boats, and other ar-
ticles or things, which may be transported or conveyed upon said
improved rivers, canals or navigable waters, shall be liable for
the tolls and fees, for which they are respectively chargeable, and
may be detained until the same be paid and discharged; Pro-
vided, that nothing herein contained shall be so construed, as to
allow the said company to exact any toll on any boat, or pro-
duce going down from, or coming up to any part or point of
either of said rivers, to where they at present afford safe naviga-
tion, for boats drawing eighteen inches water.
Sec. 11. Be itfifurther enacted, That after the expiration of
two years, from the time that said company shall begin to receive
i t tolls for the use of said navigation, it shall be the duty of the
president and directors of said company, so to regulate the rate
of toll, as that after defraying the cost of repair, superintendance
and other expenses incurred by said company, the nett dividends
or profits thereof, shall not average more than twenty per centum
per annum, upon the amount actually expended in the execution
of said work.
Sec. 12. Be it further enacted, That it shall be the duty of
said company, to commence their works for the improvement of

83

lid rivers and naviwition. within the term of two venrs from the
u l, a I When to
p.; ,;~;e 01 ij!i .ii ; .ujd hii complete tihe same on or before co.imence
ile fir;t dayi o .Janu:Lrv olte Ltousa.snc r'li.'ht. hundred and thirty c.
cight; and it' the said work snall not have been commenced with-
in tie time oibresaid. or having been commenced, shqll be aban-
doned or neglected for the term of one year at any one time,
without any attempt to prosecute the same, or if after said works
shHil have been completed, they shali be permitted to go down,
and remain for the term of one year, without any attempt to re-
pair or put the same in good order, then and in either of these
events, the said corporation shall be dissolved, unless some una-
voidable cause shall be shewn in justification; and this act shall
be liberally construed for the, benefit of said company, and to
enable them to carry into complete effect, the object herein con-
templated, and shall continue in force thirty years. ?
Passed Feb. 3, 1831.
[REJECTED, by the Governor, Feb. 11, 1831.
Reconsidered by the Council Feb. 11, lo31, and passed by the requisite majority,

An ACT to incorporate the trustees of Pensacola Academy.

Be it enacted by the Governor and Legislative Counil of
the Territory of Florida, That an election shall and may' b e omrs
held at the courthouse in the city of Pensacola, on the first Mon- appointed
day o. March next, under the superintendenice of Samuel Fry,
Joseph Bonefoi, and John B. Foster, or either of them, for the
choice of five trustees of th Penacola academy and the per-
sons having the highest number, 'ofvotes, to be given by the qual-
ified voters for cit officersiisWlid city, shall be declared elected.
Sec 2. Be 4itJ father enacted, That the five persons'o'sen
as heretofore provided for, shall be, and they are hereby rmde a Name, &g.
body politic and corporate, by the name and style of.the 'trus-
tees of the Pensacola academy wittfall the powers, rights, and
capacities usually belong~ig to corporations of a 4lJe nature.
Sec. 3. Be it further enactedTha antelection shall be an-
nually held4n the first Monday inMarc h, in every year. ir the Election*
choice of trustbes of said academy; but the trustees electedd at
the first, or any subsequent election herein provd.ed for, shall
continue in office until their successor be duly quali ed.
Sec. 4. .Be it further enacted,' That the said last mjeitionid
election, shA~hbe held maniuallyin such mapner, and undes the Right t
superintendence of. such person~i as the trustees shall, by their vote.
by-laws prescribe; and the4 citienxs of Pensacola qualified to
vote for mayor aud aldermen ofsaiid city, shall have the trigt of
voting for such trustees. ;
Passed, Feb. 10,.1831. [APPRoyavE.eb. 1 531

84

A.K ACT to establish a ferry over the Suwannee river..

Be it enacted by by the Governor and Legislative Council of
lav eatab. tVi Tt'rritouq (if Florida, That J. W. Dabney be, and he is here-
iish ic;y. by vested with the light and power of establishing a ferry, and
chr-ged with the duty of keeping the same in repair, across the
Suwanne river at Ambrister, or Suwannee old town: and the
said J. W. Dabney, shall continue in the enjoyment of the right
of said ifrry, for and during the term of four years ; Provided,
that the said J. W, Dabney shall so long keep the said ferry in
goo] repair.
erxclnsive Sec. 2. Be itfurther enacted, That it shall be unlawful for
privilege. any other person or persons, toestablish or keep a ferry within
five miles of said ferry, on the river Suwannee; except it be for
his, or their own exclusive use, and not for gathering toll.
Sec. 3. Anl be it further enacted, That it shall be the duty
of the said J. W. Dahney, his heirs and assigns, to keep at all
To eiep a times, a good and sufficient flat or other craft of sufficient size to
iat, ac, cross a waggon and team, and that he shall receive such toll a'
may be fixed fi-om time to time, by the county court of Madison
county, and subject to the order of said court, or any future Le-
gislative council of this Territory.
Passed, Feb. 10, 1831. [APPROVED, Feb. 12, 1831.

An ACT to amend the act, to organize and regulate the militia of the Territory ei-
Florida.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That whenever any county in this Ter-
May elect ritory, where there has been no election for militia officers; or for
edfcers,&e any other cause, there is no qualified colonel in said county, it
shall and may be lawful for persons, subject by law to militia du-
ty, to form themselves into Volunteer companies, of not less than
twenty, nor more than one hundred, they shall elect their officers,
and upon a petition signed by two, thirds of the members of such
companies respectively, the Governor shall commission the offi-
cers named, in such petition in the same manner, as though the
colonel of the proper county or regiment, had recommended such
volunteer company, in the manner provided by law; and the said
officers shall hold their offices for the term of two years.
Passed, Feb. 10, 1831. [APPRovrDE, Feb. 12, 1831

'ia ACT to amend an act. to constitute a board of Trustees for Fort St. Marks.

Be it enacted by the Governor and Legislative Council of iAh
Territory of Florida, That the governor be, and he is hereby
authorized to appoint a commissioner, to examine and ascertain ioner ap.
what repairs are indispensably necessary, to be made to the pub- pointed.
lic buildings at Fort St. Marks; and to lease out any, or all of
them, to such persons as will agree to take them for the shortest
length of time, and make the repairs which the said commission-
ers shall prescribe: Provided, that none of the buildings afore-
said, shall for any prescribed repairs, be leased longer than one
year, from the time of leasing.
Sec. 2. Be itfurther enacted, That it shall be the duty of the
commissioner hereby authorized to be appointed, before he enters
on the duties, to give a bond in the sum of five hundred dollars,
payable to the governor of the territory, with such security as Give bond.
shall be approved by the governor, conditioned for the faithful
discharge of the duties enjoined by this act; and he shall also
before some one authorized to administer oaths, take an oath that
he will faithfully and impartially discharge his duty; which oath
and bond shall be placed in the office of the secretary of the
territory.
Sec. 3. Be it further enacted, That it shall be the duty of
the commissioner, to examine all the public buildings and make
out a written statement, shewing particularly what kind of repairs
are to be made to each building, of what materials they are to be Iis duty
made, and the manner'inwhich they are to be finished; this state-
ment shall be exhibited at the time of leasing, and to all persons
who may wish to see it before that time, and shall be fully stated
to the public; he shall lease them at public outcry, to such per-
son or persons, asshall agree to take them for the shortestngth
of time, not to exceed the time before specified, and make the
repairs which shall be prescribed. The buildings shall be of-
fered separately, or in such lots as iii the opinion i of the com-
missioner, shall be most conducive td the public interest, andthe
said commissioner shalftake a bond and good secrlityfrom.each
person leasing the buildings, requiring, them to execute the re-
pairs withirrthe time in which they have respectively agreed to
take them, and to give them up to the commissioner at the ex-
piration of that time.
Sec. 4. Be it further enacted, That it shallbe the duty ofthe Notice t
,commissioner, to cause public noticeto be given at least twenty be given,
days before the time of leasing, at St. Marks, Magnolia,. and in
one newspaper at Tallahasse, and the said leasing shall take
place on the first day of April next. .
Sec. 5. Be it further (nnrecd, iThat if the time fbr whici any
of the buildings are leased, shall expire within one year, from the Expiration
tjne of leasing, it shall be the duty of the comniissiolnerr to ad- of lease.

tertize and lease the building or buildinIs to the highest bidder,
after having given noiw: e as be:bre dir,.:::e, for the remainder of
the year, and shall take bond and security for the quarterly pay-
ment of the rent.
Sec. 6. And be it further enacted, That all acts and parts of
Acts repeal acts- contrary to the provisions of this act, be, and the same are
ed, &c. hereby repealed.
Passed, ieb. 10, 1831. [APPROVED, Feb. 12, 1831.

An act to incorporate the Trustees of Leon Academy.

Be it enacted by the Governmo and Legislative Council of the
Territory of Florida, That from and after the passage of this
act, the academy in Tallahassee shall be known and styled by the
comm'r name of Leon Academy, and that David B. Macomb, James
appointed. eMulin,: Robert Butler, Turbutt R. Betton, John P. Duval,
R. K. Call, William Williams, Charles Austin, Leslie A. Thomp-
son, and John Y. Garey, and their successors in office, be, and
they are hereby declared to be a body politic and corporate, by
the name and style of the Trustees of Leon Academy, and as
such, shall be capable and liable in law, to sue and be sued, plead
and be impleaded, and shall be authorized to make such by-laws,
and regulations as may be necessary for the government of said
academy:- Provided that such by-laws be not repugnant to the laws
of this territory, or the laws or constitution of the United States,
and for that purpose they may have and use a common seal, ap-
point 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 the said Trustees, shall
be, and are hereby made capable of accepting, and being inves-
To receive ted with all manner of property, real and personal, all donations,
donation. gifts, grants, privileges and immunities whatsoever, which may
belong to said institution, or may hereafter be conveyed or trans-
ferred to them, or their successors in office, to have and to hold
the same for the proper use, benefit, and behoof of the said
Academy.
Sec. 3. Be it further enacted, That when any vacancy may
To fil va. happen by death, resignation or otherwise, of any of the trus-
c5ltaclc. tees of said academy, the survivors, or a majority of said trus-
tees, shall fill the vacancy in said manner, as shall be pointed our
in the by-laws and regulations of the trustees aforesaid.
Passed, Feb. 10. 1831. [APPROVED, Feb. 12, 1831

lu ACT to amend the several ac:n incorporating the Bank of West Floridai

Sec. I. Be it enacted by the Governor and Legislative Council
if the Trritory of Florida, That the directors of the bank of
West Florida may, whenever they shall think it expedient, in- rock, 6
crease the capital stock to five hundred thousand dollars, or to
such smaller sum as they may think proper. And in case of the
increase of the capital stock, there shall be books of subscription
opened, at such times and places and under the superintendence
nf such persons as the directors, for the time being, may appoint,
to subscribe for the increased stock; and the stock shall be sub-
scribed fbr as in the manner prescribed by the existing charter of
,aid bank.
Sec. 2. Be it further enacted, That the directors of the bank
of West Florida, in their discretion, may establish an office of Dutyvfthe
discount and deposit, at the town of Appalachicola, in Washing- director.
ton county, upon the same terms, and in the same manner as
shall be oractised at the bank established at Mariana, and to com-
mit the -inagement of said branch, and the making the said
discounts to such persons, under such agreements and subject to
such regulations as they shall deem proper, not being contrary
to law, or charter 'of said bank: Provided, that not more than
one half of the stock now, and hereafter to be subscribed, shall
be under control of the said office of discount and deposit, at Ap.
palachicola.
Sec. 3. Be it further enacted, That when any other bank,
company, or corporation, shall apply at this bank, or any of its Payment
offices of discount and deposit; and demand specie in payment of' of not'-
the bills or notes which said bank, company, or corporation, may
hold on this bank; the said notes or bills shall and may be paid
off in the whole or'a part of this bank, or such of its offices of
discount and deposit, in notes or bills, which this bank, or such
of its offices of discount and deposit may hold upon such bank,
company or corporation ; and the cashier ofihis bank, or such
of its offices of discount 'and deposit, may, if he requires it, de-
mand an oath in writing of the peisoni presenting said bills or
ndtes for payment, thiit such notes or bills, so presented for pay-
ment, are not the property of any other bank, company or cor
portion.
Sec. 4. Be it further enacted, That notes issued by the mother
bank shall be made payable at the same-and the notes issued
by any of its offices of discount and deposit shall be made pay-
able at said offices.
Sec. 5. Be it further enacted, That the stockholders in the Erectiono
bank of West Florida, may and .shall on the first, Monday in directopv.
May next, and annually thereafter, on the first Monday in Jan-
uary, proceed to the election of seven directors, whose duty it
haldl be at the first meeting subsequent to their elecrioHi"to cheese
i121

"bne of their own members as president: Provided, neverthlresr,
that if it should at any time happen that an election for directors
should not be made upon any day, when pursuant to this act it
ought to have been made, the corporation shall not for that cause
be deemed to be dissolved; but it shall be lawful on any other
day to hold and make an election of directors, in such manner a6
Shall hav been regulated by the laws and ordinances of said cor-
poration; and the directors, for the time being, shall in all cases
continue to act until their succesors are elected: And provided
further, that in the case of the death, resignation, or absence
from the territory, or removal of a director, his place may be
filled up by a new choice, made by the remaining directors, for
the balance of the year.
Passed Feb. 10, 1831.
[REJECTED by the Governor, Feb. 12, 1831b
Eeconsidercd by the Council, Feb. 12, 1831, and passed by the requisite majority.

An ACT to impose a tax on Hawkers and Pedlars in this Territory.
Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That from and after the passage of this
act, it shall be the duty of every pedlar, or itinerant trader, who
shall wish to vend any goods, wares, or merchandize in this ter-
ritory, to apply to the clerk of the county court, in each county,
S in which he may wish to trade, and procure a license under the
seal (if any there be,) of the said court, which shall be sufficient
to authorize said applicant to vend goods, wares and merchan-
dize within said county, and no other, for the term of twelve
months, from and after the date of said license; Provided, that
such applicant shall take and subscribe before said clerk, who is
hereby authorized to administer the same, the following oath, or
affirmation, to wit: "I now applying for license to vend
goods, wares, and merchandize in the county of- do solemn-
ly swear, or affirm (as the case may be) that I will use this license
in no other county, than the one for which it is granted, nor will
I suffer any other person or persons, in mine, or their name, or
names, to use the same, so help me God"-which said oath or
affirmation shall be recorded by the clerk granting such license,
in a book to be kept by him for that purpose.
Sec. 2. Be it further enacted, That upon the granting oz
such license, the said applicant shall pay the sum oftwenty dollars,
to be paid by said clerk into the treasury of this territory; as
License also the sum of five to the clerk granting said license, for his
services; and in all cases where the said pedlars shall take out
such license, and pay said tax to the clerk, and the clerk shall fail
to pay over the same to the treasurer of this territory, agreeably
to the provisions.of this act, and within six months after th-

Srantine of such license, he shall be subject to indictment, and
found guilty, shall be lined in a sum ot' not less than double
n4e amount so received by him.
Sec. 3. Be it further enacted, That upon oath being made
*o any judicial officer of this territory, that any pedlar or itiner- Fine fort.
ant trader has been guilty of a violation of this act, it shall be violation
the duty of such officer to issue his warrant to any officer autho- this acA
rized to execute process, directing him to take such offender, and
bring him before such judicial officer, together with the goods,
wares, and merchandise, such trader may have in his possession,
and if such person so charged. be found guilty, he shall be fined
in a sum not less than fifty, nor more than one hundred dollars,
one half to the informer and one half to the territory.
Sec. 4. And be it further enacted, That nothing in this act
contained, shall be construed to extend to Hawkers and Pedlars
licensed by the proper authorities of any incorporate town of
*ty, to trade within thelimits of said town or city.
Passed, Feb. 10, 1831. [APPROVED, Feb. 12, 1831,.
~--.0
An ACT to provide for issuing writs of Certiorari

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the clerks of the superior courts in
this Territory, shall at all times have power, upon the application
of any party in the county court, or before justice of the peace, Clerks 9,
who may be dissatisfied with any judgment, in which he was a courts aus
party, in either of said jurisdictions; to issue writs of certiorari: thorised tq
Provided, however, that said writs of certiorari, shall in no case sue wri
operate as a supersedeas, unless the party applying for the same,
shall file with the said clerks, abond with good and sufficient se-
curity, conditioned for the payment to the opposite party, of the
debt and costs and damages which may have accrued, or may ac-
crue, in consequence of the obtaining of said writ of certiorari,
Passed, Feb. 10, 1831. [APPROVED, Feb. 12, 1831.

An ACT relating to the County Court of St. Johns county.

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the spring term of the county court
of St. Johns county shall be held on the third Monday of May
in each and every year; and that so much of the sixteenth sec-
tion of an act entitled an "act establishing the boundaries of the
counties in this territory, and appointing the time of holding
county courts," approved 23d November 1828, as is inconsistent
vrith the provisions of this act, be, and the same is hereby, repealed.
Passed, Feb. 13, 1831 [APPROVED, Feb. 1, 1831,

Ap ACT to amend an act entitled an "act concerning the election of members
the Legislative Conncil of thie territoryy of Florida."

Be it enacted by the Governor and Legislative Council of the
Territory of Florida, That the election for members to the le-
gislative council, of this territory, shall hereafter take place on
the first Monday of November in each and every year, and un-
der the rules, regulations, and restrictions prescribed by the act
to which this is an amendment.
Sec. 2. Be it further enacted, That in the case of the death,
or resignation of any member elect, a new election shall be or-
dered by the presiding justice, at the court house of the proper
county, giving as long notice thereof as circumstances will permit.
Sec. 3. Be it further enacted, That the second section of the
act, to which this is an amendment, shall be, and the same is
herebN, repealed.
4kasea Feb. 6, 183i1 [APPRovED, Feb. 13, 1831,

RESOtLUTIONS

OF THE

LEGISLATIVE COUNCIL*

RESOLUTION OF THE LEGISLATIVE COUNCIL.
WHEREAS, the introduction of a branch of the United
States bani, within this territory, would increase tile circulating
me.iih'n, facilitate pomnercce, aad greatly promote the general
interest of the cotimunitv:
Therefore be it resolved by the Governor and Legislative Coun-
eil of the Territory iof Ylorida, That tlh president and directors
of hie bank of the United States, be requested to locate a branch
wiTVin the limits of this tcrratorv.
:..solved, That the Goverinor be requested to transmit a copy
of 'his resolution to the president and directors of the bank of
the United States, and certify the same tnder the seal of the ter-
ritory, with his signature affixed thereto.
ADOPTED, Jan. 22, 1831.
RESQJUTION OF THE LEGISLATIVE COUNCIL.
Resoleod,That the governor be requested to have the laws of
this session half bound before distribution, and that he draw for the
cost thereof, out of the appropriation by congress.
ADOPTED, Feb. 13,1831.
RESOLUTION OF THE LEGISLATIVE COUNCIL.
Be it resolved by, he Governor and Legislative Council of the
Territory of MForida, That our delegate in congress berequest.
ed to endeavor to procure the passage of a law increasing the
number of the legislative council to- eighteen, so as to allow a
member to each of the counties of Walton and Washington, and
one additional member to the counties of Hamilton, Madison
and Jefferson.
ADOPTED, Jan. 10, 1831.
-- I
RESOLUTION OF THE LEGISLATIVE COUNCIL.
Be it resolved by the Governor and Legislative Council of the
Territory of Florida, That our delegate in congress from this
territory, be, and he is hereby requested to endeavor to procure
the passage of a law increasing the number of the legislative
council, so as to allow an additional member for the county of
Leon.
And be it furtker resolved That a copy of this resolution ht
forthwith forwarded to the delegate.
t4DPTED, Jan. 10, 1831.

RESOLUTION OF THE LEGISLATIVE COUNCIL,
W iVt ~R EAS, the term of service for which his Lxcellencyv
Wirh..a P. Duval, was appointed, Governor, is about to expire;
A:nd, whereas, the members of this council representing, as they
believe, the varied interests and wishes of the people of the ter-
ritory, do concur in the recommendation of his Excellency for
re-appointment to the distinguished office he now holds:
Be it therefore resolved by the members of the council, Tha'
our president be requested, without delay, to transmit to the pre-
sident of the United States the high sense of the confidence re-
posed by them in the abilities and eminent services rendered by
his Excellency to the people of Florida; and the earnest expres-
sion o' a hope that the appointing power will again confer the
office upon one who has filled it with so much honor to himself
and satisfaction to the people.
ADOPTED, Jan. 18, 1831.

RESOLUTION OF THE LEGISLATIVE COUNCIL.
WHEREAS, it is represented to this legislative council o#
the territory of Florida, That for the want of a knowledge of
the english language, or from other circumstances, numbers of
the old inhabitants of this territory residing in Florida, have
through ignorance of the laws of congress, on the subject of land
claims, omitted to file theirsaid claims before the boad" of land
commissioners, within the time prescribed by the said laws of
congress
Be it therefore resolved, That our delegate in congress, be
requested to endeavor to obtain the passage of a law, authorizing
persons who, through ignorance of the laws, or other circum-
stances, have omitted to file their claims before the late board,
for the settlement of land claims, to file the same before the su-
perior court of said district, or such other tribunal, as may bf
-deemed proper.
ADOPTED, Feb. 8, 1830.

RESOLUTION OF THE LEGISLATIVE COUNCIL.
WHEREAS, the subject of general education is one of high
and vital importance to the people of this territory, and deserves
the special attention of those who have the enactment of laws for
their welfare; and, whereas, the national government in further-
ance of the important object of affording the means of acquir-
ing knowledge equally to all the people of Florida, has reserved
for the use of the inhabitants of each township, the sixteenth sec-
tion of land; and, whereas, by reason of the peculiar character
of the lands of this territory in their unequal fertility, and the
donation, in many townships, has been rendered entirely value-
less, and as public munificence should be bestowed, as pubic'
actionss are levied, equally upon all;

1e it therefore resolved, That our delegate in congress be
imd he is hereby requested to proccure the passage of a law
-uthorising the appointment, bythe legislative council, of nine
commissioners; three for east; three for middle, and three tor
west Florida; who, upon the application of the inhabitants of
any township in their respective districts, shall examine the six-
teenth section thereof; and if the same shall not be considered of
the value of $1,25 per acre, that said commissioners may locate
for such township, any other section of land in said district, for
thie purpose originally intended.
ADOPTED, Feb. 13, 1831.

RESOLUTION OF TIE LEGISLATIVE COUNCIL.
WHEREAS, the wishes and interests of the people of Flcri-
da call for the attention by congress of the organic law of this
territory, and the allowance of additional members to this hou-e,
so that the people of every county may be properly and fully re-
presented; and also for the creation of a senate, to be composed
of eight members; and, whereas, such privileges have been gran-
ted to the people of other territories:
Be it therefore resolved by the Governor and Legislative Coun-
cil of the Territory of Florida, That the delegate in congress,
from this territory, be requested to apply for such modification
of the organic law ; and that a copy of this resolution be for-
warded to him by the secretary of the territory; and that a copy
be also forwarded to the president of the United States.
ADOPTED, Feb. 7, 1831.

RESOLUTION OF THE LEGISLATIVE COUNCIL.
WHEREAS, there have been annually appropriated, since
1824, by the congress of the United States, thirty thousand dol.
lars for surveys of roads and canals, none of which, "it is be-
lieved" has ever been expended in the territory of Florida; and
*as the only surveys ever made, have not been by the direction of
the President, (who has, by law the power of disposing of that
appropriation) but under special laws of the United States; and
as this legislative council entertain the opinion, that there are
works of internal improvement, in this territory, of essential in-
terest to its inhabitants, and connected with great national im-
provements, in which the western and south western states are
deeply concerned, and in which no constitutional question can be
presented,-the advantages of which have been disclosed in ad-
dresses and letters to committees of congress, and their reports
thereon.,
Be it therefore resolved, That the president be, and he is
hereby requested, to cause to be specially surveyed, and an esti-
mate of the cost presented, of canals to connect Mobile and
Pensacola bays, and thence, pursuing northernn line along the

guffof Mexico, between Choctacohatchie bay and river, and thi
weF -. *),f '.- Andrew's bay,; and, from the east side nt St.
Anrh '.-'s, to C'inola river, and on to the Appalachicola, with a
oviw o opening a channel of internal communication, for the
convey'ance of the products of the Mississippi, to the various
points on the northern coast of the said gulf of Mexico.
Resolved further, that the president be requested to cause a
survey and estimate of a canal, from the St.;Mary's river "by
St. Augustine," through the intervening sectionsof land, to form
a continuous navigation, from that point to the Florida keys, with
a view to a steamboat navigation inland, through the sounds,
bays, and rivers of Florida, and the existing Sounds worth of it,
fromu Charleston and Savannah to Cuba.
Be it further resolved, that a copy of these resolutions, be
immediate!v enclosed to our delegate in congress, requesting
hin to lay the same before the president.
ADOPTED, Jan. 26, 1831.

RESOLUTION OF THE LEGISLATIVE COUNCIL.
Resolved, That the committee appointed to contract for the
printing of the laws, be instructed to contract for the printing of
such laws and treaties of the United States, in relation to Flor-
ida, (not printed under the authority of this territory, with the
Jaws now in force) as the said committee may deem proper.
ADOPTED, Feb. 8, 1831.

RESOLUTION OF THE LEGISLATIVE COUNCIL.

WHEREAS, in the opinion of this house, the appropriations
heretofore made by Congress, for the benefit and internal im-
provement of this territory, have not been properly distributed.
according to the circumstances and wants of the country; and
whereas the town of Appalachicola, from its present commercial
importance requires, as it deserves, the aid of the national gov.
ernment:
Be it therefore resolved, by the Governor and Legislative
Council of the Territory of Florida, that our delegate in con-
gress, be earnestly requested to endeavor to procnre an appropri-
ation, as early as practicable, for the erection of a light house, at
the mouth of the Appalachicola river; and that he be also re-
quested to endeavor to procure the passage of a law, providin-
for the transportation of the mail, from some point in the interior
to the towu of Appalachicola.
Be it further resolved, thatthe president of the council be in-
structed forthwith, to transmit copies of these resolutions to tbh
delegate-and to the post master general.
ADOPTED, Jan. 27. 1831,.

RESOLUTION OF THE LEGISLATIVE COUNCIL.

WHEREAS, it is represented to this legislative council that
the sixteenth section reserved for school purposes, in the county
of St. Johns in the eastern district of Florida; will, in all proba-
bility, be of little or no value and in no way calculated to an-
swer the benign intentions of congress, in making the reserve
tion :
Be it therefore resolved, That our representative in congress
be reguested to endeavor to have.a law passed granting the pri-
vilege to the said county of St. Johns to locate the section of
land within the limits of said county, or any of the public lands in
the eastern district of this territory.
And be it further resolved, That the president of the legisla-
tive council be requested to order a copy of this resolution to be
forwarded to our delegate in congress' immediately after its adop-
tion.
ADOPTED, Feb. 3, 1831.

RESOLUTION OF THE LEGISLATIVE COUNCIL.

Resolved, That the treasurer be, arid hdis hereby authorized
and required, to continue the issue of territorial scrip, under the
same rules, regulations, restrictions and provisions, as were au-
thorised by a law, passed at the last session of the legislative
council.
ADOPTED. Feb.13, 1831.

RESOLUTION OF THE LEGISLATIVE COUNCIL.
Resolved, That the board of directors of the commissioner of
Tallahassee, be, and they are hereby authorized io examine all
the vouchers for the payment of money, arising from the sale of
lots in Tallahassee; and when they shall find that any of the said
money has been paid out or expended contrary to any act of this
territory, they shall report to the next legislative council, the
names of those by whom it was paid, or authorised to be paid,
the amount so paid and to whom, which they may find to have
been so improperly expended.
ADOPTED, Feb. 13, 1831.

RESOLUTION OF THE LEGISLATIVE COUNCIL,
Resolved, That the commissioner of Tallahassee, under the
authority and direction of the board of directors, be, and he is
hereby authorized to have the capitol repaired in a suitable man-
ner; and that the sum of $800, or such part of it as may be'
necessary, now in hands, be applied to thti purpose+
ADOPTED, Feb. 13, 1831.
f121

SOLUTION OF THE LEGISLATIVE COUNCIL..

Resolved by the Governor and the Legislative Council of the
territoryy of Florida, That the delegate in congress, from this
territory, be requested to procure, at this session of congress, an
appropriation of fifteen hundred dollars to defray the expenses of
the publication of the statutes of this territory, as directed by the
act of this session, and that a copy of this resolution be forward ,
ded to him.
ADOPTED, Feb. 3, 1831.

RESOLUTION OF THE LEGISLATIVE COUNCIL.

Resolved, That our delegate in Congress, be requested to have
the engineers employed in surveying a canal across the peninsula
of Florida, to enquire into the practicability and probable cost of
making a rail-way across the peninsula, from the St. John's river,
or nearest adjoining navigable water, on the Atlantic side of said
peninsula, to the Suwannee on the gulf of Mexico, and make re.-
port thereon, together with their report on the said canal route-.
ADOFTED, Jan. 27, 1831..

LAWS
OF THE

DIRECTED

TO BE PUBLISHED BYRESOLUTION OF THE COUNCIL..

4a ACT to confirm the reports of the Commissioners for ascertaining Claims
and Titles to Lands in West Florida, and for other purposes.
I A
Sec. 1. Be it enacted by the Senate and House of Representa- Decisiors
tives of te United States if America ia. Congress assembled, ofcomm'rg
That all the decisions made by the Commissioners, appointed to confirmed.
ascertain claims and titles to lands in the District of West Flor,
ida, made in favour of claimants to lands, ahdIots in 'said Ds.
trict, contained in the reports, opinions, and abstracts, -6f the
Commissioners, which have been transmitted to the Secretary of
the Treasury, according to law, be, and the same are hereby
confirmed.
Sec. 2. And be it further enacted, That all the reports, ab-
stracts, and opinions, made and forwarded by the two Commis-
sioners in said District, subsequently to the first day of January, Repor to
eighteen hundred and twenty-five, the period at which that Board be made &
expired by law, be, and the same are hereby, recognised as valid, forwarded.
and confirmed as aforesaid; and the said Commissioners, and
their Secretary, shall be entitled to receive the same compensa-
tion as they were authorized to demand by law, prior to that day,
up to the time at which the Receiver and register took posses-
sion of their records, in obedience to an act of the third day of
March eighteen hundred nnd twenty-five, entitled "An Act to
extend the time for the [settlement of private land claims in the
Territory of Florida," &c,
Sec. 3. And be it further enacted, That the Spanish claims
contained in special reports, one to thirty, reported in obedience Spanish
to the fourth section of an act of- Congress, approved May eighth confirmed,
eighteen hundred and twenty-two, entitled "An Act for ascer-
taining claims and tides to lands in the territory of Florida,* be,
and the same are hereby, confirmed to the claimants in posses-
sion.
Sec. 4. And it further enacted, That the claims to lots in re-
port and abstract K, recommended for confirmation as equitable

Viaims to titles, with the exception of the last ten, be, and lie same arit
orfirmedf h-reby, declared valid and confirmed, and the claim of the Cath-
olic inhabitants to a lot on which the church stands, be, and the
same is hereby, confirmed to them for that use, so long as it is
occupied for that purpose.
Sec. .. And be it further enacted, That the claims contained
in the report of the Receiver and Register, made to the Secretary
SCai on- of the Treasury, in obedience to a law of the last session of Con-
jrmed. gress, dated the thirteenth day of July, eighteen hundred and
twenty five, be andthe same are hereby, confirmed.
Sec Aul be it further enacted, That the claim of Fran-
cisco and Fernando Moreno, near Fort San Carlos de Barrancas,
Location o shall be so located as not to interfere with the grounds reserved
the claial ,o -
Francisuo by the laws and ordinances of the Spanish Government, for forts,
& (Feri:n- nor with that which has been lately selected for a navy-yard and
do Morelu naval depot. by the Navy Commissioners, and approved by the
President of the United States.

Sec. 7. And be it further enacted, That the claims to lots in
report L, with the exception of that on the square Ferdinand
Claims to Seventh, be, and the same are hereby, approved and confirmed,
lau:ns c. sfar as the United States have any title to the same, without
firmed,&C f
prejudice to the rights of the corporation: and the plan of the
Constitutional Cabildo, are relinquished and confirmed to the
corporation of Pensacola; and the lots reserved and granted for
church, parish, vicar, school, and custom-house, are respectively
set apart and confirmed, for the objects set forth in the decrees
of said Cahildo, so far as the United States have any title to the
Pro' sor; same, without prejudice, as aforesaid: Provided, That no claim
on the public squares of Seville, Ferdinand Seventh, and the
square and garden which the court house stands, as laid offi in
said plan of the Cabildo, shall be allowed or recognized as valid,
by this act; and Provided, also, That the confirmation of all the
said claims provided for by this act, shall amount only to a re-
linquishment forever, on the part of the United States, of any
claim whatever to the tract of land, so confirmed or granted.

Sec. 8. And be it further enacted, That the lands fronting
Lands &c. Pensacola Bay, from the mouth of the Big Bayou, to a line be-
reserv u for
l U. U4 low Tartar Point, and thence back to the Bayou, selected by
the Navy Commissioners, and all the lands fronting said bay,
and for one mile back, as far as the Grand Lagoon, shall be re-
served from sale or location, for the use of the navy-yard or de-
pot, aid for other public works of the United States.
Sec. 9. And be it furtherr enacted, That the proper accoun-
tinir officers of the Treasury Department, be, and they are
hereby, authorised to receive and adjust the accounts of the
Commissioners appointed to ascertain claims and titles to land-

,11 East and West Florida, for the contingent expenses of said
Commnissionirr, ;tid to pay the same out of any money in the
Treasury not ~,lierwise appropriated.
APPROVED, 22 April, 1826.

An ACT to provide.for the location of thle two townships of land reserved for a
seminary of learning 111 the Territory of 'lorida. and to complete the
location of Lpt grant to the deaf and dum, asyti;n of'Kentucky.
Sec. 1. Be it enacted by the Senate and House qf Representa- 'Township
fives of the United Sttes o'f America in congress assembled, r'e c,':dfo
That the township of land reserved in the district of east Florida ofnearnng.
by an act of Congress, approved the third day of March, one
thousand eight hundred and twenty three, for a seminary of learn-
ing, shall be located east of the yppalachicola river, and may
be located in sections corresponding with any of the legal divis-
ions into which the public lands arq~ruthorized to be surveyed,
so as not to interfere with private land claims, or the rights of
pre-emption; and the township located west of the Appalachico,
la river, as directed in the aforesaid act, So far as it is c, vered
by the claims of those entitled to the rigft of pre-e'ptioth, by
the act approved the twenty second of April, one thousand eight
hundred and twenty six, shall be located in' sections upon a-y
unappropriated lands in said district of c-untry, until the amount
taken by said interference shall be satisfied and discharged,
Sec. 2. Be'it further enacted, That the governor and legisla- Gov. may
tive council of said territory, shall have power to take possess- lease th
ion of the lands granted for the use of schools and for a seminary same.
of learning, and to lease the same from yeai' to year; and the
money arising from the rent of said lands shall be appropriated
to the use of schools, and the erection of a seminary of learning,
in such manner as they may direct; and they shall have power
to pass laws for the preservation of said lands' from intrusion and
trespass, until Florida shall- be admitted into the Uniou as a
State.
Sec. 3. And be it further enacted, Th a the incorporated deaf
and dumb asylum of Kentucky shall hal the power, under the
direction of the secretary of the treasury, of locating so muS Location of
of the township of land granted to the said institution, as 'as deafgrnt
been taken by the claims of those who are entitled to the right dunmb asy
of pre-emption in the Territory of Florida, puder the provisions lum, &e.
of the act aforesaid; which shall be located'in sections upon any
unappropriated and unreserved lands in eithb of the Territories
of Florida, or 'rkansas; which said tracts, when so located,
shall be disposed of by the corporation of said deaf and dumb
asylum, agreeably to the provisiofs'oi an act passed the fifth of
April, one thousand eight hundred and twenty six, entitled "an
act for the benefit of the incorporated deaf and dumb asylum of
Kentucky.. A LVED, 29th Jir. 1 27.

Uo ACT supplementary to the several acts providing ibr the settlement and co-.
firmation of private land claims in Florida.
itait Sec. 1. Be it enacted by the Senate and House of Represen.
c lma con- tatives of the United States of America in Congress assembled.
That the three claims to land in the district of West Florida,
contained in the reports of the Commissioners, and numbered
four, [4,] eight, [8,] and ten, [10,] excluding from the latter the
land contained in certificate, and in the plats A and c, and the
"claims contained in the reports of the Commissioners of East
Florida, and in the reports of the Receiver and Register, acting
as such, made in pursuance of the several acts of Congress pro-
viding for the settlement of private land claims in Florida, and
recommended for confirmation by said Commissioners, and by
the Register and Receiver, be, and the same are hereby, confir-
med to the extent of the quantity contained in one league square,
to be located by the claimants, or their agents, within the limits
of such claims or surveys filed, as aforesaid, before the said Com-
missioners, or Receiver and Register, which location shall be
made within the bounds of the original grant, in quantities of not
less than one section, and to be bound by sectional lines.
Sec. 2. And be it further enacted, That no more than the
quantity of acres contained in a league square, shall be confirm-
quantitof ed within the bounds of any one grant; and no confirmation
acres, <4i. shall be effectual until all the parties in interest, under the original
grant, shall file with the Register and Receiver of the district
where the grant may be situated, a full and final release of all
claim to.the residue contained in the grant; and where there shall
be minors incapable of acting within said Territory of Florida,
a relinquishment by the legal guardian shall be sufficient; and
thereafter the excess in said grants, respectively, shall be liable
to be sold as other public lands of the United States.
Sec. 3. And be itfurther enacted, That all the decisions made
by the Register and Receiver of the District of East Florida,
DeeioHn. acting, ex officio, as Commissioners, in pursusnce of an act of
cairmed. Congress, approved the eighth of February, one thousand eight
hundred and twenty-seven, authorizing them to ascertain and
decide claims and titles to lands in the district aforesaid, and those
recommended for confirmation under the quantity of three thou-
sand five hundred acres, contained in the reports, abstracts, and
opinions, of the said Register and Receiver, transmitted to the
secretary of the treasury, according to law, and referred by him
to congJess, on the twenty-ninth January, one thousand eight
hundred and twenty-eight, be, and the same are hereby, confirm-
ed. The confirmations authorised by this act shalloperate only
as a release of any claim had by the United States, and not to
affect the interest of third persons.
Sec. 4. And be it further enacted, That the said register and
aceiver shall continue to examine and decide the remaiainu.

1l1

claims in East Florida, subject to the same limitations and in con-
formity with the provisions of the several acts of congress, for
the adjustment of private land claims in Florida, until the first Dutyofthe,
Monday in December next,;when they shall make a final re- register 4.
nort of all the claims, aforesaid, in said district, to the secreta- Mcelver'
ry of the treasury; and it shall never be lawful, after thak time,
for any of the clamants to exhibit any further evidence in sup-
port oi said clifms. And the said register and receiver, and
clerk, shall receive the compensation provided in the act aforesaid,
to be paid out of any money in the treasury not 'otherwise 'p-
propriated : Provided, that the extra compensation of one thou- ProvisOi!
sand dollars, each, which is hereby allowed to the register -and
receiver, for services under and' by the provisions 6f this act,
shall not be paid until a report 'bf all the claims be made to the4
secretary of the treasury.
Sec. 5. fAnd be it further enacted' That ihe proper accounting Compen-
officers of the treasury be, and they are hereby, authorized to nation tor
adjust and pay theaccouits of the register and receiver acting' sister and
uas-ommnissioners, their contingent expenss,,and the re e therecei
compensation heretofore allowed for bringing th sports 0lo
Washington, out of any oney in the treasury not o'erwise ap-
propriated. .,.. '- l
Sec. 6. And be it further enacted, That all claims to Ifd
within the territory of Florida, embraced by the trety between
Spain and the-United States of the tiwnty-second of February'
one thousand eight hundred and nineteen,* which shall not be
decided and finally settled under the foregol~ fovisioni o f; dis
act, containing a greater quantity of land than ith'eohn issioners
were authorised to decide, and. above the amount conlrmed by
this act; and which have not been reported, as a;tedated or forg-
ed ty said commissioners, or register and receiver acting as su, Claims
shall be received and'adjudicated, by the judge of the superior
court of the district within which the lapd lies, upon the petition
of the claimant, according to the forms, rules, regulations, con-
ditions, restrictions, and limitations pregfibed Sy the district
Jiidge, and claimants in the state of MissoT~r by act of congress,
approved May twenty-sixtl* eighteen hundred and twentyi~t,
entitled an "act enabling the claimants to land within the hmits
of the state of Missouri, and territory of Arkansas, to institute
proceedings to try the validity of their claims;"t Provided, that
nothing in this section shall be construed to authorise said judges
tor take coguisance of any clAim annulled bythe said treaty, or
the decree ratifying the same" by the King of Spain, nor any
claim not presented to the commissioners or register and receiver,
in conformity to the several acts 1of congress, providing for the
settlement of private land claims in Florida.
Sec. 7. And be itfurther enacted That it shall be lawful for
e clanimains to land, 4a aforesaid, s t ake an appeal, as directed

Appeal in in the act aforesaid, from the-decision of the judge of the district,
C.'rl".t I" Cas- *
c, :ca to the supreme court of the United States, within four months
after the decision shall be pronounced; and the said judges shall
each be entitled to receive the extra compensation driven to the
district judge of Missouri, for the performance of the duties re-
quired by this act, cut of any money in the treasury not other-
wise appropriated.
Sec. 8. Be it further enacted, That so much of the said act,
the provisions of which, so far as they are applicable, and are
not altered by this act, are hereby extended to the territory of
of Florida, as subjects the claimants to the payment of costs in
anv case where the decision may be in favor of their claims, be,
and the same is hereby, repealed; and the costs shall abide the
decision of the cause as in ordinary causes bebfre the said court.
And so much of the said act as requires the claimants to make
adverse claimants parties to their suits, or to show the court what
adverse claimants there may be to the land claimed of the United
States, be also hereby repealed.
Sec. 9. Be it further enacted, That it shall be the duty of the
attorney of the United States for the district in which the suits
authorised by this act shall be instituted, in every case where the
decision is against the United States, to make out and transmit
autri..- to the attorney general of the United States, a statement, con-
aeneral of taking the facts of the case, and the points of law on which thc
io U. s. same was decided; and it shall be the duty of the attorney gene-
general, in all cases where the claim exceeds one league square,
and in all other cases, if he shall in such latter cases think the
decision of the districtjudze is erroneous, to direct an appeal to
be made to the supreme court of the United States, and to ap-
pear for the United States, and prosecute such appeal; which
appeal in behalf of the United States may be granted at any
time within six months after the rendition of the judgement ap-
pealed from, or at any time before the expiration of the term
thereof, which may commence next after the expiration of said
six months; and it shall be the further duty of the district at-
torney to observe the instruction given to him by the attorney
general in that respect.
Sec. 10. And be it further enacted, That it shall be lawful for
the president of the United States to appoint a law ageni, whose
special duty it shall be to superintend the interests of the United
raarecn, States, in the premises, to continue him in place as long as the
public interest requires his continuance; and to allow such pay
to the azent as the president may think reasonable. It shall also
be the duty of said agent to collect testimony in behalf of the
United States, and to attend, on all occasions, when said claim-
ants may take depositions; and and no deposition so taken by
them shall be read as evidence, unless said agent or district at-
torney shall have been notified, in writing, of the time and place

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