CHAPTER 275.-[No. 67.] 1848. missioners of Nassau county AN ACT to amend an act concerning Roads and Highways, now in force in this State. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That County Com- the Judge of Probates and board of county commissioners in Nassau county, when assembled for county purposes, in the year eighteen hundred and forty-nine, and every year thereafter, shall have power to assess a road tax, provided the same shall in no instance exceed five dollars per annum for each and every person subject to road duty. SEC. 2. Be it further enacted, That said road tax, or so much thereof as Road tax as- may be necessary to keep the roads and bridges within the county of Nassessed by them sau in repair, shall, when occasion requires it, be collected under the ed without ju- direction of the road commissioners in their respective districts, withdicial proceed-out any judicial proceedings being had thereon, by a warrant signed ings. may be collect mute road tax. by them or a majority of them, directed to a collector by his name, who shall be appointed by said road commissioners for the purpose; and said warrant shall have as full force and authority, and have the same costs accrue upon it, as an execution from a magistrate's court as under the law: Provided, That said road commissioners shall have power to remit all or any part of said tax on payment of costs, if any has accrued, to the collector; and that all costs that may accrue.in the collection of said tax, shall be for the use of said collector. SEC. 3. Be it further enacted, That any person shall have the right Right to com- to commute his road tax by supplying laborers to work on the road, or by his personal services as a laborer, at such amount per day as may be determined by the said road commissioners, not to exceed one dollar per day; and the overseers of the road shall give certificates of the labor thus supplied, which shall be received by the collector of said road tax in lieu of money in the district in which said labor was performed. Application of road tax. SEC. 4. Be it further enacted, That the tax collected by virtue of this act, shall be paid into the hands of the road commissioners of the district in which it is respectively collected, and be applied exclusively to the making and repairing of roads and bridges in the district generally in which it is collected; and the said road com. missioners may, upon petition from a majority of the residents in their respective districts, let out all of the road and bridges, or any part thereof within their district, upon such terms as they shall agree upon, notwithstanding the foregoing provision for commutation by persona labor. SEC. 5. Be it further enacted, That if any collector, constable, road Refusal of col- commissioner or other person, who shall hold any money belonging lector to pay to, or applicable to, the repair of roads or bridges, shall refuse to pay over, or to apply the same, as contemplated by this act, that then, upon complaint, the Judge of Probates and county commissioners, when sitting for county purposes, may pass an order directing such over money. Leon Co. Road Overseers-Precincts in Columbia. CHAP. 276-'7. defaulter to pay over or apply the same; and his refusal or neglect to obey said order shall be held and taken as a contempt of said court, and he shall be liable to an indictment for a misdemeanor, and, on conviction, be subject to a fine not exceeding one hundred dollars, or imprisonment not less than thirty days. SEC. 6. Be it further enacted, That so much of the law now in force in this State in relation to roads and highways, as conflicts with this act, shall be inoperative within the limits of Nassau county. [Passed the House of Representatives, January 1st, 1849. Passed the Senate January 5, 1849. Approved by the Governor, January 12, 1849.] 85 1848. Laws conflict ing with this. CHAPTER 276.-[No. 68.] AN ACT to provide for the payment of services rendered by overseers of public roads in the County of Leon. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That for any services that have heretofore been rendered, or that may Overseers of hereafter be rendered, by any overseer of a public road in Leon public roads in County, in putting up mile posts, signboards, or directions, in the Leon county. manner prescribed by law, such overseer shall receive of said county, a reasonable compensation from the county treasury, or a commutation of labor for a limited time, to be determined by the board of county commissioners, at their first session after such service shall have been rendered. Passed House of Representatives, [Passed the Senate, January 12, 1849. January 13, 1849. Approved, January 13, 1849.] CHAPTER 277.-[No. 69.] AN ACT to change certain Precincts in Columbia county. Where 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 elections (except military elections) shall be held at the tions to be held. house now occupied by William Strickland, instead of that of Charles McKinney, and at the house (or mill) of Joseph Tullis, instead of that of Joshua Platt, both in the vicinity of New River, in Columbia county; and all other precincts be and remain as fixed by act of General Assembly, 1846. [Passed the House of Representatives, December 30, 1848. Passed the Senate, January 1, 1849. Approved by the Governor, January 10, 1849.] 86 1848. CHAP. 278-'9. Town of Milton-Probate Court in Marion County CHAPTER 278.-[No. 70.] AN ACT relating to the act of incorporation of the town of Milton. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That, within sixty days' after the passage of this act, it shall be the duty of Meeting to be the acting intendant of the town of Milton to call a meeting of the called and vote legal voters of said town, giving at least ten days' notice, and stating in said notice the object of said meeting to be, to ascertain whether or not the charter of said town shall be surrendered, and at said meeting the question shall be put, "Shall the charter be surrendered;" and if a majority of those present shall be in favor of such surrender, and shall so vote, the said charter shall be deemed to have been surrendered, and said act of incorporation shall thereafter be held null and void. of town to be taken. of money in the town treasury. SEC. 2. Be it further enacted, That the intendant of said town Appropriation shall appropriate any money in the treasury of said town, after payment of all debts owing by said corporation, to such purposes of improvement in said town, as may be agreed upon by himself and the present wardens, or a majority of the same, and should there not be in the treasury of said town a sufficient sum to pay the outstanding debts of said corporation, said intendant and wardens shall proceed at once to assess and collect a sufficient sum for that purpose: Provided, That this section shall be inoperative and void, unless the charter of said town is surrendered, pursuant to the provisions of the first section of this act. Repeal. SEC. 3. Be it further enacted, That all laws inconsistent with the provisions of this act, be and are hereby repealed. [Passed the Senate, December 29, 1848. Passed the House of Representatives, January 3, 1849. Approved by the Governor, January 6, 1849.] CHAPTER 279.-[No. 71.] AN ACT in relation to the organization of the Probate Court in Marion County. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That Executors, &c to make their persons who were resident in Marion county at the time of the orret'ns and ren- ganization of said county, to whom letters testamentary, of adminisder accounts to tration or curatorship may have been granted by the County Court, Probate Court or the Court or Judge of Probate of the county of Alachua, or who of Marion. are now required by law to account to said Court, shall hereafter render their accounts and make their returns, now required by law to be made, to the Court or Judge of Probate of said county of Marion, in the same manner and according to all the requirements of law in regard to the rendition of said accounts and said returns, and the said Judge of Probate of Alachua county, upon application of the Judge of Probate of Marion County, shall deliver to him all original papers relating to cases of administration occurring as aforesaid, or to the probate of wills, or to the grant of letters testamentary or curatorship made as aforesaid, or to any accounts and returns made thereon, and upon application and payment of cost by any party interested, shall give copies duly certified under his hand and official seal, (in case he has no seal of office, under his private seal,) of all records relating to said cases of administration, probate of wills, letters testamentary or curatorship; and the said papers when duly filed, and the said copies when duly recorded, as aforesaid, shall have the same force and effect as if originally filed or rendered in the office of the said Judge of Probate of Marion county. [Passed the House of Representatives, January 9, 1849. Passed the Senate, January 11, 1849. Approved by the Governor, January 13, 1849.] 1848. CHAPTER 280-[No. 72.] AN ACT to organize the County of Putnam. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That the county of Putnam be, and is hereby declared to be, established, and shall be bounded as follows: commencing at a point on St. John's river, opposite Picolata, known as the commencement or termination of the Bellamy road, and running on said road to the dividing line of Alachua and Duval counties-thence on said line, west and north, to range line twenty-two-thence south on said line, to the boundary line dividing Alachua and Marion Counties--thence along said line, to where the present boundary line of St. John's and Marion Counties meet-thence northeasterly, along the present boundary line, to Dunn's Lake, and from thence, along the thread of Dunn's Lake and the St. John's river, to the place of beginning. Boundaries. SEC. 2. Be it further enacted, That the Governor of this State, on Officers of the the passage of this act, shall appoint all officers for said County of county. Putnam, as it is by law made his duty to appoint for the other coun ties of this State. SEC. 3. Be it further enacted, That the qualified voters be, and they are hereby, authorized to elect such county officers as by law are Election of. directed to be elected in the other counties of this State, in the same manner, and subject to the same duties, provisions and responsibilities. SEC. 4. Be it further enacted, That it shall be the duty of the When to take Judge of Probate in and for said county to order an election for counplace. ty officers for said county on the first Mon lay in April, A. D., 1849, or as soon as possible thereafter, at the usual places of holding elections within the limits of said county of Putnam. SEC. 5. Be it further enacted, That the town of Pilatka shall be, and is hereby declared to be, the county site of said county of Put County site. 1848. Justices of the &c. nam, and that the Circuit Court of said county and the meetings of the County Commissioners shall be held in the said town of Pilatka. SEC. 6. Be it further enacted, That the Justices of the Peace in office within the limits of said county on the passage of this act, shall continue in office until their terms of office respectively expire. SEC. 7. Be it further enacted, That all suits, civil or criminal, Suits pending, which have been or may hereafter (before the organization of the county of Putnam) be sued, prosecuted, or commenced, in any of the courts of this State, against any person or persons living and being within the boundaries of said county of Putnam, shall be tried, prosecuted, and completed in the manner they would have been, had this act creating said county not have been passed. SEC. 8. Be it further enacted, That all letters of administration, Administra- letters testamentary, and letters of guardianship or curatorship, which tions, guardi- have been, or may hereafter (before the organization of the county anships, &c. of Putnam,) be granted by any Judge of Probate in this State, upon estates lying and being within the limits of said county of Putnam, shall be settled in the county in which the same issued as fully as if this act creating said county had not been passed. SEC. 9. Be it further enacted, That, if the time fixed by the geneState and co. ral law of this State for assessing State and county taxes shall have taxes in. expired, when a tax assessor and collector shall be duly qualified in and for said county of Putnam, it shall and may be lawful for said tax assessor and collector to assess the taxes and collect the same, in the same manner he would have done had he been duly qualified before said time had expired. trict. SEC. 10. Be it further enacted, That, until otherwise provided by Senatorial dis- law, the said county of Putnam shall remain part of the same Senatorial District to which it is now attached, and the respective inhabitants therein shall vote in the same Senatorial District they would have voted, had not this act creating said county of Putnam been passed. Provision as to SEC. 11. Be it further enacted, That said county of Putnam shall be entitled to one Representative in the General Assembly of the representation State of Florida: Provided, Its population shall equal the existing ratio of representation, and in such case the Judge of Probate in and for said county shall order an election for such Representative, according to law And provided, further, That the population shall not be reduced below the existing ratio of representation in this State, in any of the counties from which the county of Putnam is formed; and the Judge of Probate in and for said county shall forward a copy of the list of enumeration of the inhabitants to the Secretary of the State of Florida, and no election shall take place for such Representative until such evidence shall be forwarded to said Secretary of State. SEC. 12. Be it further enacted, That, until the population of Putnam County shall equal the existing ratio of representation, the qualiIf population fied voters respectively, within the boundaries of the said county, shall be entitled to vote for Representative to the General Assembly of this not sufficient. |