SEC. 5. Be it further enacted, That if any captain, master, or 1848. owner of any vessel shall, within the limits of this State, take cattle on board of his vessel, without having obtained from the inspector Punishment of and recorder of marks and brands, or from his deputies, a certificate Captain, &c. of inspection, he shall, on conviction thereof before any Circuit Court, be fined in a sum not less than five dollars, nor more than five hundred dollars, for the use of the county in which said cattle are landed. Deputy in SEC. 6. Be it further enacted, That the inspector of marks and Compensation brands shall receive, for inspecting and recording the mark and brand of inspectors. of each head of cattle, ten cents, and for noting in the record book a certificate of any other inspector and recorder, ten cents; and it shall be his duty to appoint a suitable person for each port or shipping place within his county, to act as his deputy, to inspect and record the marks and brands of cattle shipped from their respective spectors." places of appointment, whose duty shall be to record the marks and brands of all the cattle shipped from their respective places of appointment, give certificates of inspection to captains, masters, or owners of vessels, and enter the same in the record book kept by the inspector for that purpose, quarterly, and shall receive the same compensation that is herein and above allowed to inspectors: Provided, however, That no inspector or deputy shall receive any compensation for inspecting and recording, unless it shall have been done by him. tors. SEc. 7. Be it further enacted, That the Clerks of the Circuit Clerks of CirCourts for their respective counties shall be ex officio inspectors and cuit Courts ex officio inspecrecorders of marks and brands of cattle shipped from this State, who shall keep the record open for the inspection of any person or persons desiring to inspect them, and nothing contained in this act shall be so construed as to convict any person for shipping cattle, or receiving them on board of a vessel, unless the inspector shall have complied with the provisions of the sixth section of this act, so far as it relates to the appointment of deputies. [Passed House of Representatives, December 13, 1848. Passed the Senate, December 23, 1848. Approved by the Governor, January 6, 1849.] CHAPTER 270.-[No. 62.] AN ACT to re-establish the Records of the County of Jackson, and for other purposes. Whereas, on the thirtieth day of November last, the court-house, public offices and records of Jackson county were destroyed by fire : SECTION 1. Be it enacted by the Senate and House of Represen, tatives of the State of Florida in General Assembly convened, That it shall be lawful, where any person or persons, whose titles, deeds, Papers and re-. cords "destroy. bonds, mortgages, conveyances, receipts or other papers, required or ed to be estabauthorized by law to be recorded, and which have been of record, or lished. on file for record, in the county of Jackson, and lost or destroyed by 1848. Manner of. lished-how. fire on or about the thirtieth day of November last, who shall produce a paper writing, purporting to be a copy, or as near as may be known or recollected, a copy of the original paper so lost or destroyed as aforesaid, with full or circumstantial proof of the substance thereof, and of his or their title thereto or interest therein, and shall file the same in the office of the Clerk of the Circuit Court or recording officer for said county, and serve on the opposite party or parties to be affected thereby, a copy thereof, or give notice by advertisement in a newspaper published in the Western Circuit of this State, for the space of three months, that such person or persons intend to establish such title, deed, bond, mortgage, conveyance, receipt or other paper, required by law to be recorded, in case no sufficient objection be made, for the Circuit Court for said county, at its first session after giving such notice, to establish the title and right of such person or persons, and admit again to record such papers so established as aforesaid: Provided, That nothing in this section contained shall be so construed as to prohibit the recording of any paper required or authorized by law to be recorded, upon the presentation of the original with the Clerk's certificate of record thereon. SEC. 2. Be it further enacted, That to re-establish marks and Marks and brands, lost or destroyed as aforesaid, the person or persons making brands reestab- application shall take and subscribe, on oath (or shall affirm) before the Clerk of the Circuit Court or recording officer of said county, stating the particular mark and brand recorded and so lost or destroyed, and as near as may be known or recollected, the time when the same was recorded in the office of the Clerk or recording officer. SEC. 3. Be it further enacted, That to re-establish records of How rec'ds of marriage which have been lost or destroyed as aforesaid, any person marriages are or persons making application shall take and subscribe an oath (or re-established. affirmation) before the Clerk of the Circuit Court or recording officer of said county, stating the name of the person, to whom married, the name and office of the person who administered the marriage ceremony, the office from which the license was issued, the name and authority of the officer, and, as near as may be according to the knowledge or recollection of the party, the date of such license and when issued; which oath (or affirmation) shall be taken in writing, and recorded in the office of the Clerk or recording officer. Proceedingsto SEC. 4. Be it further enacted, That to establish any will, letter establish wills, testamentary, of administration, of guardianship, of assignment of Letters Testa dower, or any other paper or papers, or any instruments of writing, mentary, &c. or judgment, order or decree of the Probate Court or Judge, in any or the record way connected with the administration of the estate of any decedent thereof. or the administration of guardians, which have been recorded, or required by law to be recorded, or entered of record or filed in the Probate or other public office, or to establish the record of any of the aforesaid documents or other writings, and which have been lost or destroyed by fire as aforesaid, the applicant shall produce the original, or a paper writing purporting to be a copy, or as near as may be known or recollected, a copy of the original paper or papers, or re. cords, so lost or destroyed, with full or circumstantial proof of the substance thereof, accompanied with the declaration of his, her or their intention to re-establish such paper or papers, or records so lost as aforesaid, and shall notify the opposite party or parties, or persons interested, in the manner provided in the first section of this act, and at the first term of the Circuit Court thereafter, (if no sufficient objection be made,) such paper or papers so lost or destroyed shall, by order of said Court, be re-established and again be admitted to record. 1848. SEC. 5. Be it further enacted, That in all cases where judgments at Judgments at law or decrees in chancery had been recorded or entered in the Coun- law and dety, Superior or Circuit Courts of said county, the evidence of which crees in chanshall have been destroyed in the manner aforesaid, it shall and may be cery. lawful for the plaintiff or party interested therein, by himself or his attorney, to file his, her or their certain petition upon oath, stating the fact in such case, which said petition shall be filed three months previous to any term of the Circuit Court for said county, and a copy thereof shall be served in the same manner as other legal process, at least sixty days before any term as aforesaid at which any action upon the same shall take place, upon the party defendant, his, her or their representatives. SEC. 6. Be it further enacted, That whenever it shall be made to When party deappear by affidavit to the Judge of the Circuit Court, that any party fendant resides or parties defendant, his, her or their legal representatives reside be- beyond limits yond the limits of this State, it shall and may be lawful for said Judge of this State. to order a hearing on the facts charged in said petition, and thereupon to pass an order in the same manner as though said party defendant or defendants had appeared and were present in Court: Provided, That a copy of the said order for the hearing shall have been first served upon the said defendant, his authorized agent, or legal representative, sixty days before the time fixed for the said hearing, or be published in some newspaper in said Circuit for the term of three months, or such longer time as the said Judge may direct. SEC. 7. Be it further enacted, That the answer of said party or Answer of the parties defendant shall be filed within sixty days from the date of the defendant. service of a copy of said petition, or in case of publication of an order for hearing, shall be filed at least thirty days before the day fixed for the hearing of the same. &c. SEC. 8. Be it further enacted, That it shall be duty of the Judge of Summary prosaid Court, upon due return of a copy of said petition, with proof of ceedings to esthe same having been served, or publication made in the manner retablish judg'ts quired by the foregoing sections, to hear the said petitioners upon the petition and answers, or petition and evidence adduced if there be no answer; and summary proceedings shall thereupon be had to establish such judgment or decree in such manner as the Court may direct; and the judgment or decree which may thereupon be rendered by the said Court, if in favor of the petition, shall be deemed as reestablishing such judgment or decree to all intents and purposes, as the same existed at the date of the destruction of said court-house and records. 82 1848. CHAP. 271-272. Tariff of Fees-Court-house in Jackson County. SEC. 9. Be it further enacted, That all proceedings and matters pending and undetermined in said Court, and all papers, documents Matters pend- and instruments of writing pertaining thereto, may be re-established ing in the said in the manner prescribed by law in reference to lost papers, or in the manner pointed out in the preceding section of this act, or in such manner as the Court may specially direct. Court. Limitation. Seal. Act in force. SEC. 10. Be it further enacted, That all proceedings taken under the provisions of this act, shall be taken and commenced within two years next after the passage of this act, and not after. SEC. 11. Be it further enacted, That until a seal of office is provided for the Clerk of the Circuit Court of said county, his private seal shall be sufficient in all cases where a seal is required by law. SEC. 12. Be it further enacted, That this act shall take effect and be in force from and after its passage. [Passed the Senate, December 14, 1848. Passed the House of Representatives, December 18, 1848. Approved by the Governor, December 27, 1848.] CHAPTER 271.-[No. 63.] AN ACT to amend the laws now in force establishing a Tariff of Fees relative to the county of Jackson. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That, Fees for recor- the Clerk of the Circuit Court of Jackson county shall receive for ding, &c. How long to be in force recording or copying any instrument of writing, containing one hundred words or less, twenty cents; if containing more than one hundred words, at the rate of five cents for every subsequent one hundred words: Provided, The provisions of this act shall only extend to such instruments of writing as were recorded previous to the burning of the court-house. SEC. 2. Be it further enacted, That this law shall be in force from and after its passage, for the period of two years, and no longer. [Passed the House of Representatives, January 9, 1849. Passed the Senate, January 11, 1849. Approved by the Governor, January 13, 1849.] CHAPTER 272.-[No. 64.] AN ACT to authorize the County Commissioners of Jackson county to levy a Whereas, on or about the 30th of November, A. D., 1848, the Court- SECTION 1. Be it enacted by the Senate and House of RepresenTax for build- tatives of the State of Florida, in General Assembly convened, That ing Ct. House. the County Commissioners of Jackson county be and they are here Records of Levy Co.-Road Laws in Franklin. CHAP. 273–274. by authorized to levy a tax upon the same persons and property that are now subject to State tax, sufficient to erect a new court-house and other necessary public buildings in said county. [Passed the Senate, December 30, 1848. Passed the House of Representatives, January 2, 1849. Approved by the Governor, January 5, 1849.] 83 1848. CHAPTER 273.--[No. 65.] AN ACT concerning the records of Levy County. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That, Judge of Profrom and after the passage of this act, the Judge of Probates for the bates to perf'm county of Levy shall be, and he is hereby, made ex officio recorder certain duties. of all deeds, mortgages, conveyances, marks, brands and other papers necessary to be recorded in and for said county of Levy, and the said Judge of Probates shall be charged with the performance of said duty, until there shall be a Clerk of the Circuit Court elected in said county. SEC. 2. Be it further enacted, That the said Judge of Probates in said county shall be entitled to the same fees as are now allowed to Fees. Clerks of the Circuit Courts for recording any such papers, and he shall keep a book expressly for that purpose, at the expense of said county. SEC. 3. Be it further enacted, That all laws or parts of laws conflicting with the provisions of this act, be and the same are hereby Repeal. repealed. [Passed House of Representatives, December 19, 1848. Passed the Senate, December 29, 1848. Approved by the Governor, January 10, 1849.] CHAPTER 274.-[No. 66.] AN ACT to repeal the Road Laws in and for the county of Franklin. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the State of Florida in General Assembly convened, That from and after the passage of this act, all laws relating to roads and Repeal. highways in and for the county of Franklin, be and the same are hereby repealed. SEC. 2. Be it further enacted, That it shall be the duty of the County Commissioners to refund all fines and forfeitures heretofore Fines and for collected in and for said county of Franklin. [Passed the Senate, December 16, 1848. Passed the House of Representatives, December 22, 1848. Approved by the Governor, December 28, 1849.] feitures. |