1848.

the aforesaid county of Walton, at or near the centre of said county, and that said election shall be held on the first Monday in March, 1849.

SEC. 2. Be it further enacted, That the site to be selected by said Site selected commissioners shall be final, and the law or laws establishing the county site of Walton County at Ucheeanna, be and the same are hereby repealed.

final.

Circuit Court.

SEC. 3. Be it further enacted, That the Circuit Court in and for the county of Walton, shall be held at the site to be selected, as is contemplated by this act, at the same time as is now provided for by law.

[Passed the Senate, December 30, 1848. Passed House of Representatives, January 3, 1849. Approved, January 6, 1849.]

be elected to

&c.

CHAPTER 286.-[No. 78.]

AN ACT to authorize the people of Wakulla County to select their county site.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That the county site of the county of Wakulla shall be fixed and deterCommiss'rs to mined by five commissioners, to be elected by the persons entitled to locate site, dis- vote for county officers, on the first Saturday of March in the year pose of lots, 1849, which said commissioners, or any three of them, after being first duly sworn faithfully and without partiality, and to the best of their skill and ability, to discharge their duties, shall proceed to select the most eligible place at or near the centre of said county for the county site; and said commissioners are authorized to purchase for said county site such quantity of land as they may think right and proper for said purposes, and there to lay off lots and dispose of the same to the best advantage, for the general benefit of the county, and to contract for the building of a court-house and jail thereon.

election.

SEC. 2. Be it further enacted, That it shall be the duty of the Judge Inspectors of of Probates for said county to appoint three inspectors, at each of the election precincts in said county, to conduct said election for the aforesaid commissioners; and in case he shall fail to do so, or the inspectors or any of them shall fail or refuse to serve, then the said voters may appoint inspectors, as in case of other elections; it shall also be the duty of said Judge of Probate to give at least ten days' notice of said election, preceding the first Saturday of March, 1849; but if he shall fail to do so, said election shall not be void on that account.

Certificate of election.

SEC. 3. Be it further enacted, That it shall be the duty of the Judge of Probate in said county to make out and deliver to the persons chosen as commissioners a certificate of their election, and shall also file with the clerk of the Circuit Court in said county a duplicate thereof; and the expense of said certificate, and the lawful

1848.

charges of the Judge of Probate about said election, shall be paid out of the county treasury of said county.

SEC. 4. it further enacted, That all acts and parts of acts con- Repeal. flicting with this act, be and the same are hereby repealed.

[Passed the House of Representatives, January 2, 1849. Passed the Senate, January 5, 1849. Approved by the Governor, January 12, 1849.]

CHAPTER 287.-[No. 79.]

AN ACT to locate a county site of Benton County.

Election of

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That it shall be the duty of the Judge of Probates of Benton County, commission'rs within ninety days after the passage of this act, to order an election to be held at the several precincts in said county for one commissioner, to be elected from and for their respective districts by the qualified voters thereof, giving at least ten days' notice of said election.

SEC. 2. Be it further enacted, That the Judge of Probates shall, Notification of within twenty days' after such election and canvass of the votes, no- commiss on'rs tify in writing each person chosen as commissioner in each district of his election; and each commissioner, before entering upon the duties of his office, shall make an oath before the Judge of Probates, or any justice of the peace in and for said county, faithfully and impartially to discharge the duties of the office to which they have been elected.

of commis'rs.

SEC. 3. Be it further enacted, That the said commissioners shall, within twenty days' after they shall have been notified of their elec- Disagreement tion, meet, examine, consult and determine upon the most eligible place for the location of the county site; but if they shall not be able to agree upon any one place, then they shall select the two most eligible places, and immediately thereafter notify the Judge of Probates of such selection or selections-whereupon the Judge of Probates shall, within thirty days, order an election to be held at each precinct in said county by the qualified voters thereof, giving at least ten days' notice, for the confirmation or rejection of either of the said places selected by the said commissioners, which election shall be conducted and the returns made according to law.

When voters

SEC. 4. Be it further enacted, That, if it shall appear after canvass of the votes by the Judge of Probates, that either of the places have of county do received a majority of all the votes given at said election, then he not decide. shall make proclamation of the same, and it shall be and remain the site of said county for ten years, and until otherwise directed by law; but if neither of said places shall receive a majority of all the votes given at said election, then it shall be the duty of the Judge of Probates to call to his assistance the said commissioners, and proceed to make a selection of the site, having due regard to the various interests of the county: Provided, The concurrence of at least three

96

1848.

Repeal.

CHAP. 288-289. Boundaries of Leon and St. John's Counties.

shall be necessary to a choice-which place selected shall be and remain the site of said county for ten years, and until otherwise directed by law.

SEC. 5. Be it further enacted, That all laws and parts of laws heretofore passed, establishing a county site in Benton County, be and the same are hereby repealed: Provided, however, That till the county site is located, as contemplated by this act, it shall be and remain at Chocachattee, as at present.

[Passed the House of Representatives, December 8, 1848. Passed the Senate, December 12, 1848. Approved by the Governor, December 30, 1848.]

CHAPTER 288.-[No. 80.]

AN ACT to change the southern boundary of Leon County.

SECTION 1. Be it enacted by the Senate and House of RepresenSouth'n boun- tatives of the State of Florida, in General Assembly convened, That dary. the change in the southern boundary of Leon County shall commence where the original boundary of said county crosses the railroad, leading from Tallahassee to St. Marks-thence along said railroad, two sections north-thence one west to the northwest corner of section nineteen, (19,) and thence due south to the original boundary.

Repeal.

SEC. 2. Be it further enacted, That so much of the act, entitled "An Act to establish the boundary of Wakulla County," as conflicts with the provisions of this act, be and is hereby repealed.

[Passed Senate, December 29, 1848. Passed House of Representatives, January 3, 1849. Approved by the Governor, January 6, 1849.]

CHAPTER 289.-[No. 81.]

AN ACT to re-establish the county lines of St. John's County.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the State of Florida in General Assembly convened, That Bound'y lines the boundary lines of St. John's County shall hereafter be the same of St. John's as they were made by the act of the Governor and Legislative Coundesignated.

cil of the Territory of Florida, entitled "An Act establishing the boundaries of the counties in the Territory, and appointing the times of holding county courts," approved November 23d, 1828-that is to say, beginning at the west bank of the river St. John's, at the point of intersection of the main road from Suwannee, and boundary line of Duval County, and eastwardly along the same to the Atlantic Ocean; thence southwardly along the Atlantic shore to the point of intersection of a parallel of latitude passing from a point three miles south of the head of Matanzas South River, at Fish's South Landing, low water mark; thence westwardly to Dunn's Lake, north of Haw Creek; thence down the said creek to the south end of Dunn's Lake; thence

St. Lucie County- Yellow and East Rivers. CHAP. 290-292.

to the mouth of Sulphur Spring, on the northwest side of Lake George; thence to the mouth of Deep Creek, on the river Ocklawaha, and line of Alachua County; thence northwardly, along said line, to the main road from Suwannee, and thence to the place of beginning.

[Passed the House of Representatives, December 12, 1848. Passed the Senate, December 15, 1848. Approved by the Governor, December 30, 1849.]

97

1848.

CHAPTER 290.-[No. 82.]

AN ACT to amend an act to change the Northern line of St. Lucie county, approved December 28th, 1846.

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, the dividing line between the Dividing line. counties of Orange and St. Lucie shall be the dividing township line between the townships twenty-three and twenty-four, beginning at the Atlantic Ocean and extending west to the eastern boundary line of Hillsborough county.

SEC. 2. Be it further enacted, That all acts or parts of acts conflicting with the provisions of this act, be, and the same are hereby repealed.

[Passed House of Representatives, December 29, 1848. Passed the Senate, January 1st, 1849. Approved by the Governor, January 10, 1849.]

CHAPTER 291.-[No. 83.]

AN ACT to declare Yellow River in Walton County a navigable stream.

Repeal.

SECTION 1. Be it enacted by the Senate and House of Represen- Yellow Ritatives of the State of Florida, in General Assembly convened, That ver navigable Yellow River be declared a navigable stream, from the Alabama line stream. to the mouth of said river.

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

CHAPTER 292.-[No. 84.]

AN ACT to declare East River in Walton County a navigable stream.

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, East River, in the county of East River naWalton, shall be considered, and is hereby declared, a navigable vigable stream

stream.

[Passed Senate, December 16, 1848. Passed House of Representatives, December 22, 1848. Approved by the Governor, December 28, 1848.]

98

1848.*

Repeal.

CHAP. 293-294. Pilotage of River St. John's-Appropriation.

CHAPTER 293.-[No. 85.]

AN ACT to amend an act to amend an act entitled an act to regulate the pilotage of the bar of St. John's river.

SECTION 1. Be it enacted by the Senate and House of Represen. atives of the State of Florida, in General Assembly convened, That the second, fourth, and eleventh sections of the act, to which this act is an amendment, be and the same are hereby repealed, and the following sections be established in lieu thereof, viz: in lieu of section second in said act,

SEC. 2. Be it further enacted, That no branch or license shall be Compet'ncy of hereafter granted to any one to act as pilot on the said bar, unless he shall produce satisfactory evidence to the said board of county commissioners, that he is a fit and competent person and duly qualified to perform the duties of pilot over said bar.

Pilot.

And in lieu of section fourth of said act,

SEC. 4. Be it further enacted, That the rates of compensation to Rate of com- every duly licensed pilot, for piloting over the said bar, shall be on pensation. all vessels, two dollars per foot.

Former acts.

And in lieu of eleventh section of said act,

SEC. 11. Be it further enacted, That all former laws, and laws passed at the present session of the General Assembly of this State, conflicting with the act to which this act is an amendment, or conflicting with this act, shall be inoperative in reference to the said bar.

[Passed House of Representatives, January 4, 1849. Passed the Senate, January 10, 1849. Approved by the Governor, January 13, 1849.]

CHAPTER 294.-[No. 86.]

AN ACT making appropriations for the expenses of the Fourth General Assembly of this State, and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That Appropriation the following sums be, and they are hereby, appropriated for the payment of the following expenses, to wit: To the following named members of the present General Assembly:

To William A. Forward, mileage, 550 miles, $55 per diem,

48 days, $144-total, 199 00.

To Mills O. Burnham, mileage, 1,400 miles, $140 00-per diem, 48 days, $144 00-total, 284 00.

To John Wilkinson, mileage, 500 miles, $50 00-per diem, 48 days, $144-total, $194.

To Samuel L. Burritt, mileage, 450 miles, $45-per diem, (48 days, $144-total, $189.

To George E. McClellan, mileage, 220 miles, $22-per diem, 48 days, $144-total, $166.