Pre-emptions to settlers on Public Lands.

CHAPTER 234.-[No. 26.]

CHAP. 234.

39

1848.

AN ACT to grant Pre-emption Rights to settlers on State Lands.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That, from and after the passage of this act, every person being the head of Persons setl'g lands granted a family, or widow, or single man or woman, over the age of twen- to this State ty-one years, and being a citizen of the United States, or having filed entitled to enhis declaration of intention to become a citizen, as required by the ter 160 acres naturalization laws of the United States, who has made, or shall here. at min❜m price after make, a settlement in person on any public lands granted by Congress to this State, for seminaries of learning, or for purposes of internal improvements, shall be, and is hereby, authorized to enter, by legal subdivisions, any number of acres, not exceeding one hundred and sixty, or a quarter section of land, nor less than forty acres, unless the same be a fraction, to include the residence or cultivated lands of such person, upon paying to the State the minimum price

of such land; subject, however, to the following limitations: No Who can'ot be person shall be entitled to more than one pre-emption right, whether so entitled. the same is denied under an act of Congress granting pre-emption rights, or otherwise, in this State; no person who is the owner or proprietor of one hundred and sixty acres of land in this State, and no person who shall have had the benefit of a pre-emption acquired under any previous act of this State, shall be entitled to pre-emption under this act.

What to be

SEC. 2. Be it further enacted, That, when any person has settled, or shall settle and improve a tract of land, and shall intend to settle done by perthe same under the provisions of this act, such person shall, in the sons availing first case, within twelve months after the passage of the same, and themselves of in the last case, within six months after the date of such settlement, this act. file with the Register a written statement describing the land, and indicating his intention to apply for the entry of the same, and shall, at the time of filing such statement, pay to the Register one-fourth of the purchase money, at the minimum aforesaid, in specie or United States treasury notes, or notes of specie paying banks, and shall give bond for the other three-fourths, to be payable in three equal annual instalments, with interest on each instalment in advance, as heretofore provided by law relative to the sale of seminary and internal improvement lands, each to be governed by the laws regulating the sale of each species of land.

SEC. 3. Be it further enacted, That, within one year from the time Proof of setof filing said statement, and prior to any entry being made, under tlement made and by virtue of the provisions of this act, proof of the settlement to Register. and improvement thereby required, shall be made to the satisfaction

of the Register, agreeably to such rules as may be prescribed by

him.

SEC. 4. Be it further enacted, That, before any person claiming the benefit of this act, shall be allowed to enter such land, he or she

1848. shall make oath in writing, to be signed by him or her before said Register, (which oath he is hereby authorized to administer,) or beOath to be fore some judicial or other officer of this State, authorized to adminmade in writ'g ister oaths, that he or she has never had the benefit of pre-emption by thos' claim- under any law of this State; that he or she is not the owner or proing benefit of prietor of one hundred and sixty acres of land within this State; this act. that he or she hath not settled upon and improved said land to sell the same on speculation, but in good faith to appropriate it to his or her exclusive use or benefit, and that he or she has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he or she might acquire from this State, should enure to the benefit of any person except himself or herself; and if any person taking such oath shall swear falsely in the premises, he or she shall be subject to all the pains and penalties now consequent upon a conviction of the crime of perjury in this State-and if convicted thereof shall be punished accordingly, and shall forfeit to the State all right and title to said land, and the money which he or she may have paid for the same; and every grant or conveyance which he or she so swearing falsely may have made, except in the hands of bona fide purchasers, for a valuable consideration, shall be null and void; and the said oath shall be filed in the office of the Register.

Def'lt of paySEC. 5. Be it further enacted, That, upon default in the payment ment for nine. of any instalment or interest thereon for the space of ninety days afty days. ter the same becomes due, the sum or sums previously paid shall be forfeited, and the land revert to the State; and that said land may. be re-sold, under provisions of law for the sale of State lands, as in other cases, and shall be again subject to settlement and entry under this act.

more persons

SEC. 6. Be it further enacted, That, when two or more persons shall have settled on the same piece of land, for the purpose of obWhen two or taining the benefit of the provisions of this act, the right of pre-empshall have set- tion shall be in him or her who made the first settlement: Provided, such person shall conform to the other provisions of this act; and all questions as to the right of pre-emption between different settlers shall be settled and decided by the Register, but the decision of said Register shall, in no case, exclude either party from application for redress in the appropriate courts of justice.

tled.

SEC. 7. Be it further enacted, That, at any time after due proof of Applicants for settlement and improvement, to the satisfaction of the Register, as benefit of this herein before required, any applicant for the benefit of this act, may act may pay pay to the Register the whole purchase money and interest due at the the whole pur- time of such payment; and it shall be the duty of the Register, upon chase money. compliance with the provisions of this act, and payment in ether

manner provided for in this act, to execute to any applicant for the benefit of the provisions of this act, a deed or such other evidence of title as he is now required by law to grant to purchasers of State lands; and all assignments and transfers of the rights hereby se

Pre-emptions to settlers on Public Lands. CHAP. 235-236.

41

cured, prior to the execution of such deed or other evidence of title, 1848. shall be null and void.

act.

SEC. 8. Be it further enacted, That, upon the death of any settler Death of set'lr under the provisions of this act, before full compliance therewith, and before complibefore obtaining a deed or other evidence of title, as hereinbefore ance with this provided for, all his rights under this act shall descend to his widow and heirs at law, if he leaves a widow, and to his heirs at law, if he leaves no widow, to be held and divided by them according to the laws of this State, upon her or their compliance with the requirements of this act, not complied with by said settler at the time of his death.

[Passed Senate, December 13, 1848. Passed House of Representatives, December 16th, 1848. Approved by the Governor, December 27, 1848.]

CHAPTER 235.-[No. 27.]

AN ACT supplemental to an act entitled An act to grant pre-emption rights to settlers on State lands passed at the present session.

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

hereafter the State lands shall be classed as follows, to wit: First Classification rate, second rate, third rate, fourth rate and fifth rate; and that the of State lands. Register, jointly with the Governor, shall appoint fit and proper per

sons, whose duty it shall be to classify said lands by eighths of sec

tions, according to quality.

SEC. 2. Be it further enacted, That the minimum price of the first

rate shall be three dollars per acre; the minimum price of the sec- Minimum priond rate shall be one dollar and fifty cents per acre; the minimum ces.

price of the third rate shall be one dollar per acre; the minimum

price of the fourth rate shall be seventy-five cents per acre; and the minimum price of the fifth rate shall be fifty cents per acre.

[Passed the Senate January 9, 1849. Passed House Representatives January 10, 1849. Approved January 12, 1849.]

CHAPTER 236.-[No. 28.]

AN ACT to authorize and provide for the election of Register of Public Lands for the State of Florida by the qualified voters within the same.

Man'r of elec

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That hereafter the Register of Public Lands of this State shall be elected by the qualified voters in the several counties and precincts within tion of Registhe same, in like manner as is now provided by law for the election ter. of Representative of the State of Florida to the House of Representatives of the United States, with like proceedings as to returns and

1848.

canvassing votes, and like penalties in case of fraud, perjury, or other delinquencies, as are provided by the general election laws of this State, so far as the same may be applicable: Provided, That in case If election dis- any such election shall be disputed, such dispute shall be heard and puted. determined before any Judge of a Circuit Court of said State, at the Court-house in the city of Tallahassee, upon at least thirty days' notice, to be published in some one or more newspaper published in the several circuits of said State; the said Judge to sit as a court of record, with like powers, duties and judicial proceedings as are provid. ed by law in cases of disputed elections of Sheriffs and other county officers.

SEC. 2. Be it further enacted, That the first election, under this Wh'n 1st elec- act, shall be held on the first Monday of May, in the year eighteen tion to be held. hundred and forty-nine, after at least sixty days' proclamation thereof by the Governor, to be published in like manner as is provided in the preceding section; the next election thereafter on the first MonWhen 2d, &c. day in October, in the year eighteen hundred and fifty, upon like proclamation; and thenceforward like elections to be held on the first Monday of October in every fourth year, being the day of election of State Senators and Representatives; the several incumbents to continue in office, respectively, for and during the several periods limited by said several election laws, or until the qualification of their successors, respectively.

ister.

SEC. 3. Be it further enacted, That in case of death or resignation Death of Reg- of the Register as aforesaid, it shall be the duty of the Governor to fill such vacancy by appointment; and the person so appointed shall give the same bond as is prescribed by this act, and be under the same penalties as is now prescribed by law, and who shall continue in said office uutil his successor be elected and qualified under this Bond given by act; and that the amount of the bond to be given by the Register of Register. this State shall be in the sum of fifty thousand dollars, and to be approved by the Governor of this State.

SEC. 4. Be it further enacted, That all acts and parts of acts, so far as they shall conflict with the provisions hereof, be, and the same are hereby repealed.

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

CHAPTER 237.-[No. 29.]

AN ACT to extend the tenure of the office of Register of Public Lands. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That so much of the laws of this State as requires the Register of Public Lands to be elected annually, be and the same are hereby repealed. SEC. 2. Be it further enacted, That the Register shall hereafter of Register. be chosen biennially, by a joint vote of the General Assembly, and

Repeal.

Term of office

Salary, Expenses, &c. of Register and Deputy. CHAP. 238-239.

hold his office till the adjournment of the next regular session of the General Assembly.

[Passed Senate, December 11, 1848. Passed House of Representatives, December 18, 1848. Approved by the Governor, January 6, 1849.]

43

1848.

CHAPTER 238.-[No. 30.]

AN ACT to provide for the payment of the salary, travelling and other expenses of the Register of Public Lands, out of the public moneys in his hands.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That, from and after the first day of January, in the year eighteen hundred Salary of Reg and forty-nine, the salary and travelling expenses of the Register of ister. Public Lands, and also all the contingent and other expenses of his office, shall be paid out of the public money arising from the sale of the lands of which he has the charge, management, or disposal; and all laws inconsistent with the foregoing provisions are hereby repealed.

[Passed the Senate, January 5, 1849. Passed House of Representatives, January 10, 1849. Approved by the Governor, January 12, 1849.]

CHAPTER 239.-[No. 31.]

AN ACT to authorize the Register of the Land Office to employ a deputy, and for other purposes.

Whereas the business of the land office is increasing, and is of such a character, that the Register is frequently required to be absent from his office many weeks at a time, to attend to the land sales; and whereas, also, the additional duty of the sale of the sixteenth sections is now imposed on that officer: therefore

Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That the Register Register authof the Land Office is hereby authorized to appoint a deputy register orized to emfor said office, who shall be fully competent in law to do all acts neploy deputy. cessary, as fully and effectually as the Register himself.

SEC. 2. Be it further enacted, That nothing herein shall be so con- Liable for depstrued as to relieve the Register from liability for all and every act uty's acts. or acts of his said deputy.

SEC. 3. Be it further enacted, That the Register shall receive the additional sum of two hundred dollars for the purpose of employing said deputy, to be paid in the same manner and from the same fund the salary of the Register is now paid.

Ad'itional sum paid Register.

SEC. 4. Be it further enacted, That all accounts of the said Regis- Register's acter shall be first audited and allowed by the Comptroller of the State, counts audit'd before the same shall be paid.

[Passed the Senate, January 9, 1849. Passed House of Representatives, January 10, 1849. Approved by the Governor, January 13, 1849.]

by Comptrol'r.