1848.

trustee.

SEC. 29. Be it further enacted, That every trustee of a school district, who shall sign a false report to the county superintendent, with intent of causing such county superintendent to apportion and pay to False report of his district a larger sum than its just proportion of the school moneys, shall, for each offence, forfeit to the county twenty-five dollars, recoverable upon suit brought by the county superintendent, in his name of office, and shall also be deemed guilty of a misdemeanor. SEC. 30. Be it further enacted, That any person considering himAppeal to co. self or herself aggrieved in consequence of any decision made, any Superintend't. act done by any school district meeting, or by the trustees of any school district, or the refusal of such trustees to do any act or perform any duty required by him or her, may appeal to the county superintendent, whose decision thereon, after a hearing of the parties, shall be final.

SEC. 31. Be it further enacted, That the trustees of any school App'l to State district, or any other persons, conceiving themselves aggrieved by Superintend❜t. the county superintendent in forming, altering, or in refusing to form or alter any school district, may appeal to the State Superintendent,

whose decision thereon shall be final.

SEC. 32. Be it further enacted, That it shall be the duty of every teacher hereafter employed to teach a common district school, to enter in a book to be provided by the district clerk, the names of all the children attending school, their ages, the date when they commence, the length of time they continue, and keep a table showing the daily Book to be k'pt attendance; which book shall at all times be open to the inspection by teachers of all persons interested, and be delivered over by the teacher to the op'n to inspec- district clerk at the expiration of the term of school; and the teacher

tion.

shall, as often as once in three months, make an abstract of said record, showing the whole number of pupils enrolled, and the average daily attendance, distinguishing the number of males and females, and deposit the same with the clerk of the district; and it shall be unlawful to pay any teacher more than two-thirds the amount due for any term of tuition, until said abstract shall be placed in the hands of the district clerk, as aforesaid.

[Passed House of Representatives, December 22d, 1848. Passed the Senate December 30th, 1848. Approved, January 10, 1849.]

CHAPTER 230.-No. 22.

AN ACT to provide for the sale of the sixteenth sections granted by Congress to the State, for the support of Public Schools, and for consolidating the School Fund.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That the Register of Public Lands shall have the care and management Reg'ter to sell of all lands granted to the State for the support of public schools, 16th sections. whether sixteenth sections or lands selected in lieu of sixteenth sec

1848.

tions, and shall sell and dispose of the same whenever, in his opinion, it is expedient to do so-the sale of said lands to be made subject to all the rules, regulations, and restrictions which are now, or may Rules, &c. of hereafter be, imposed upon the sale of seminary lands.

such sale.

SEC. 2. Be it further enacted, That the proceeds of all sales of school lands, and all moneys belonging to the common school fund, Proceeds paid into Treasury. shall be paid into the treasury of the State.

SEC. 3. Be it further enacted, That all laws requiring a separate account to be kept with each township in relation to lands, and all laws and parts of laws inconsistent with the provisions of this act, are hereby repealed.

[Passed Senate, December 20, 1848. Passed House of Representatives, December 22, 1848. Approved by the Governor, December 28, 1848.]

Repeal.

CHAPTER 231.-[No. 23.]

AN ACT to provide for the increase, investment, safe-keeping, and disbursement of the Common School Fund.

What shall

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the five per centum of the nett proceeds of the United States lands within the State, granted by Congress to the State for the purposes of education; and also the proceeds of the sales of the school lands or sixteenth sections in the State, or the lands that may be selected in constitute the lieu thereof together with the proceeds of all estates, real or persoschool fund. nal, escheating or reverting to the State, on account of a defect of heirs, or next of kin; and the nett proceeds, after the payment of salvages and other expenses, of all property found on the coasts or shores of the State, or brought into the State or its ports, as wreck or derelict of the seas, in the sense of maritime law, and for which no owner shall appear and establish his claim within a year and a day-together with such grants or additions as may, in any manner, hereafter be made thereto, shall constitute a permanent and common fund, to be called the School Fund, the interest or income of which shall be inviolably applied to the support of Common Schools throughout the State.

SEC. 2. Be it further enacted, That the proceeds of all sales of Proceeds to be school lands, and all moneys belonging to the Common School Fund, paid into the shall be paid into the treasury of the State.

Treasury.

SEC. 3. Be it further enacted, That the Treasurer shall keep a Treasurer to separate and distinct account of all receipts and disbursements on ac

count of the School Fund-which account shall show whether the keep an acc't. receipt or disbursement be on account of the capital or interest of such fund.

SEC. 4. Be it further enacted, That, whenever there shall be in the Treasury any money belonging to the capital of the School Fund, it shall be the duty of the Comptroller to invest the same in the pub

1848. lic stocks of this State, or of the United States, as either mode of investment shall be deemed by the Comptroller and the Governor Comptroller's most advantageous to such fund; the assent of the Governor to be duty as to cap- given in writing, and to be recorded in a book to be kept by the ital of sch'l fnd Treasurer for that purpose.

Repeal.

SEC. 5. Be it further enacted, That all laws and parts of laws inconsistent with the provisions of this act are hereby repealed.

[Passed the Senate, January 1, 1849. Passed the House of Representatives, January 5, 1849. Approved by the Governor, January 9, 1849.]

CHAPTER 232.-[No. 24.]

AN ACT to prevent trespass on the School, Seminary, and Internal Improvement Lands, and to recover damages for the use and occupation of the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That Trespass on it shall be the duty of the Judges of the Circuit Courts to charge school lands to the Grand Juries of their respective counties within their districts— be pres'nt'd by to present all and every person who shall hereafter trespass upon the Grand Jury. public lands of this State, to the damage or injury of the same, whether the same are for the support of schools, seminaries, or internal improvements.

SEC. 2. Be it further enacted, That, on every such presentment, it shall be the duty of the Solicitor to prosecute the person or persons Fine of person presented, in the name of the State, and, upon conviction, the person or persons convicted shall pay the costs, and a fine equal to four times the amount of damage sustained by the State on account of said trespass.

convicted.

SEC. 3. Be it further enacted, That it shall be the duty of the Solicitor's du- Solicitors of the several circuits, to bring such actions for the use ty to bring ac- and occupation of the above-mentioned lands, as he may be directed tion for use of. to bring by the Register of Public Lands, and to prosecute said suits to a final recovery.

SEC. 4. Be it further enacted, That the money obtained by the proceedings above mentioned, shall be paid by the sheriffs of the Moneys obt❜nd several counties into the Treasury of the State; and on failure so to do, after a reasonable notice, to be judged of by the Register, the said sheriff shall be held liable on his bond for double the amount withheld; and it shall be the duty of the Solicitor to sue upon his bond, upon the request of the Register so to do.

by such ceedings.

pro

[Passed the Senate, January 6, 1849. Passed the House of Representatives, January 9, 1849. Approved by the Governor, January 13, 1849.

CHAPTER 233.-[No. 25.]

AN ACT for the relief of occupying claimants.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That

1848.

Settlers who

if any person or persons hath or have settled, or improved, or shall hereafter settle or improve, any lands in this State, supposing them his own by reason of a title in law or equity derived from the Government of the United States or this State, or under any plain and have improved connected title either in law or in equity, derived from the records of lands aft'rwd's some public office, or from those who lawfully claim by devise, de- proved to bescent, deed, or title bond under any person so holding; or if any long to others. person shall claim title under a sale on execution, or under a regular tax sale against any person so holding; or if any person shall claim under a regular sale by executors, administrators or guardians, or other persons by order of court; but which lands shall prove to belong to another, the charge and value of such settling and improving, to be ascertained in the manner hereinafter mentioned, shall be paid by the right owner to such settler, improver, or his assignee, or occupant so claiming.

lue, &c.

SEC. 2. Be it further enacted, That if the right owner is not willing to disburse so much, an estimate in manner hereinafter provided shall be made of the value of such lands, as if no such settling or Estimate to be improving had been made, or any waste or damage done or commit. m'de of the vated, also of the value of such settling and improving; and if the right owner is willing to pay the estimated value of such settling and improving, then the said occupant or occupants shall, on the same be. ing paid or tendered to him or them, or on bond being given as hereinafter provided by the right owner, relinquish and deliver possession of the premises to him for said estimated value of said settling and improving, in two equal annual instalments, with legal interest on each instalment; and if the occupant or occupants, on the refusal by the right owner to pay, shall be willing to pay him the estimated value of the land, but is unable to do so at the time aforesaid, he may execute and deliver in like manner, a similar bond with similar conditions, to the right owner, and said bonds shall have the force and effect of judgments, and have the same liens as judgments.

SEC. 3. Be it further enacted, That the provisions of the foregoing section shall only apply and operate where suit has been or shall be brought by a party claiming a right to land in possession of another claiming the same as aforesaid, and under title as aforesaid, and on Mode by w'ich the amount to which the settlement and improvements have been made by him or be paid is asthem, and judgment in said suit shall be rendered in favor of the certained. party suing; in which case the court rendering judgment of eviction against the occupant or occupants, or in case the claim be asserted in equity, then the court rendering the decision against said occupant or occupants shall nominate and cause to be summoned twelve persons standing indifferent between the parties, and disinterested, to act as Jurors, and who shall be sworn and empannelled as a Jury, and who shall at the request of either party, after reasonable notice to the adversary, go on the lands from which the occupant or occupants is or are to be evicted, and make assessments of damages and waste committed, and of rents and profits accruing after judgment or

1848.

decree rendered, of the value of the improvements and the land from which the occupant or occupants is or are to be evicted, and of the Jury to assess value of the land at the time of such assessment, regarding it as if the same and such settling or improving had never been made, or waste or damage report. committed; all of which they shall separately and distinctly specify and report to such court.

SEC. 4. Be it further enacted, That the said Jury shall be charged Jury to be ch'd on oath to act impartially, without favor to either party; and they to act imparti- shall in their report name the Justice or court before whom they ally. were so charged upon their oaths. And if any of said Jurors shall die, resign or refuse to act, his or their place may be supplied by the court or by the Judge thereof on motion of either party, and on reasonable notice given to the other party.

Exception to report.

SEC. 5. Be it further enacted, That for just exception to the report, the court may recommit it to the same or other jurors.

SEC. 6. Be it further enacted, That such jury shall make out one copy of their report for each and every party, to be delivered on reCopy of report quest, and return the original into the said court; but the court shall not act thereon until it shall appear that the parties have had at least ten days' notice of the court to which it would be returned, or are both present in court, or until the court succeeding the coming in of said report..

to be made for each party.

SEC. 7. Be it further enacted, That if said report of such Jury shall be confirmed by said court, then the claimant shall either pay What is to be to the occupant or occupants the reported value of the settling and done if report is confirmed. improvements aforesaid, waste and damage, if any, and rents and profits as aforesaid, being first deducted, or give bond and security as aforesaid for the payment thereof, and the claimant refusing to do so, then the occupant or occupants shall pay to the said claimant the reported value of said land as aforesaid, with the value of rents and profits after judgment superadded, or give bond and security as afore-. said to pay the same.

SEC. 8. Be it further enacted, That the jury shall have full power Jury to examto compel the attendance of witnesses, administer the necessary oaths, ine witnesses. and examine them relative to any facts whereof they are required to make report; they shall have a reasonable allowance for their services, at the discretion of the court, to be paid by the parties. SEC. 9. Be it further enacted, That the Court by the consent of parties without suit or upon their judgment of eviction, upon the award of arbitrators, may appoint a Jury to make the assessment, and thereupon render judgment according to the provisions of this act.

Consent of parties.

SEC. 10. Be it further enacted, That if in any case the waste comWhen damage mitted or damage done to the land and premises shall exceed the exceeds value value of the improvements, the Court shall render judgment or deof improv'm'ts cree against the occupant for such excess, to be enforced in the same manner as judgments or decrees in ordinary cases.

[Passed the House of Representatives, December 18, 1848. Passed the Senate, January 4, 1849. Approved January 12, 1849.]