Clerk's fee. taxes and other officers of the State of Florida, and he shall be entitled to a fee of twenty-five cents for each search that he may permit parties, other than public officers, to make. Approved August 6th, 1868. iffs. CHAPTER 1,659.-[No. 35.] AN ACT to more effectually provide for the Good Order of Society, and to Sup press Disorderly Proceedings. The people of the State of Florida, represented in Senate and Duty of sher Assembly, do enact as follows: SECTION 1. It shall be the duty of the sheriffs in their respective counties to execute all lawful suits, processes, and warrants directed to them, and they shall be conservators of the peace; and it shall be their duty and they shall have authority, with force and strong hand, when necessary, to suppress all tumults, riots, and unlawful assemblies, and to apprehend without warrant persons who are in the disturb hend without ance of the peace, and to carry them before the judge of the coun-ty court, or any justice of the peace, that further proceedings may be had against them according to law. May appre warrants. May raise the power of the county when. When opposi tion is appre hended. SEC. 2. It shall be lawful for the sheriff to raise the power of the county, and to command any person to assist him when necessary in the execution of his office; and every person who is not physically incompetent to render him any assistance, who shall refuse or neglect to render all assistance in his power when called upon, shall be deemed guilty of a felony, and shall be fined in a sum not less than fifty dollars nor more than five hundred, and shall be imprisoned not more than twelve months. SEC. 3. Whenever considerable opposition shall be made against the sheriff in the discharge of his duty, or there shall be reasonable ground of suspicion that considerable opposition will be made, he shall have power, with the advice of the judge of the county court, to raise the militia of the county, or so many of them as such sheriff and judge of the county court shall judge necessary to remove such opposition; and every person subject to militia duty who shall neglect, after being requested, to assist the sheriff in overcoming such opposition, or anticipated opposition, shall be deemed guilty of a felony, and shall be fined in a sum not less than fifty dollars, or be imprisoned not more than twelve months. SEC. 4. Sheriff's may appoint deputies to act under them, who Deputy sheriffs. shall have the same power as the sheriffs appointing them, and sheriff's shall be responsible for the neglect and default of their deputies in the execution of their office. SEC. 5. It shall be the duty of the Governor of the State to forward to the sheriff of each county of this State three copies of this act, and it shall be the duty of the sheriff of the county to put one copy of the same in his office, another in front of the court house of his county, and another at the post-office at the county seat. Approved August 6th, 1868. CHAPTER 1,660.-[No. 36.] AN ACT the better to Procure and Secure Protection to Life, Liberty, and Property in the State of Florida. Duty of Gov ernor. The people of the State of Florida, represented in Senate and Assembly, do enact [as follows:] That the Governor be, and he is hereby, authorized and empowered to employ as many persons as he in his discretion may deem necessary, to procure and socure protection to life, liberty, and property of the inhabitants erty to be proof the State of Florida, also to protect the property of the State of Florida. Approved August 6th, 1868. Life and prop tected. CHAPTER 1,661.-[No. 37.] AN ACT to prescribe the Duties of State Attorneys. The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. All the duties required by law to be performed by solicitors for the several circuits under former laws and the practice of the courts of this State, are hereby conferred upon State attorneys in each judicial circuit. SEC. 2. The State attorneys are hereby required to demand and take possession of all books, papers, and business now in the hands of such solicitors, and dispose of the same according to law, and the several circuit courts are authorized to make and enforce such orders as may be necessary in the premises. SEC. 3. It shall be the duty of the State attorney to appear in the circuit courts within his judicial circuit, and prosecute or defend on behalf of this State all suits, applications, or motions, civil or criminal, in which the State is a party. Duties of State Attorney. Demand books and papers of solicitors. Additional duties. Advice to SEC. 4. Whenever required by the grand jury it shall be the duty of the State attorney to attend them for the purpose of examining witnesses in their presence, or of giving advice in any grand jury. legal matter before them, and to prepare bills of indictment, and prosecute the same. Approved August 6th, 1868. Public printer how elected. CHAPTER 1,662.-[No. 38.] AN ACT to provide for the Election of a State Printer, The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. That a public printer for the State shall be elected by a joint ballot of the two Houses of the Legislature, who shall hold his office for two years and until his successor shall be elected. SEC. 2. He shall keep his office at the seat of government, and What printer shall do all the printing, binding, etc., required by either House of the Legislature or by law. shall do. SEC. 3. The State printer shall be the servant of the LegislaResponsibility. ture, and as such responsible for the custody and safe keeping of all papers and documents entrusted to his care to be printed, and must insert the words "public property" in all books printed for the State. SEC. 4. The rate of compensation for the printing, binding, etc., ordered by the Legislature shall be such as may be agreed upon by the joint action of the committees on printing of the two Houses and the printer; the printing for the departments such as may be agreed upon by the heads of the respective departments and the printer; Provided, That in case of disagreement as to the rates to be paid, the matter in dispute shall be referred to the joint action of the Legislature. SEC. 5. The State printer, when required, shall deposit copies of all work by him executed with the Comptroller, with his bill, which shall be sworn to, and the Comptroller shall then issue his warrant for the amount upon the Treasurer. SEC. 6. The Comptroller is hereby authorized from time to time, as the work may progress, to issue his warrant upon the Treasurer for any sum not exceeding eighty per centum of the amount of public printing actually done by the printer under legal authority. SEC. 7. This act shall take effect from and after its passage, and all acts and parts of acts in conflict with this act are hereby repealed. Approved August 6th, 1868. CHAPTER 1,663.-[No. 39.] AN ACT prescribing, on the part of this State, the Manner of appointing Electors of President and Vice-President of the United States. The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. Electors of President and Vice-President of the United States shall be appointed in the Assembly hall, at Tallahassee, on the first Tuesday after the first Monday of November next, at twelve o'clock at noon, by the Legislature of this State, or by such persons as shall be returned members thereof, and shall be present on that day. And said electors shall each, before executing the duties of their office, take the oath of office prescribed by the constitution of this State. Legislature to cast electoral vote. SEC. 2. All acts and parts of acts inconsistent with the pro- Repeal. visions of this act are hereby repealed. Approved August 6th, 1868. CHAPTER 1,664.-[No. 40.] AN ACT relating to the Taking of Testimony upon Trials in the Courts of this The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall be lawful for the parties, or their attorneys, in any civil or criminal cause, tried before any court, excepting cases of felony, to stipulate in writing or verbally in open court, that the evidence may be taken without being reduced to writing by the clerk or deputy, or being signed by the witnesses, which stipulation shall be filed if in writing, or if oral in open court, shall be entered of record under the direction of the court, and in such case no judgment, order, decree, or finding of a court, referee, or jury, shall be reversed or set aside, or new trial granted, because of the omission so to take the evidence materially affected the rights and interests of the parties interested in the cause. Became a law by the five days' limitation, without the approval of the Gov ernor. CHAPTER 1,665.-[No. 41.] AN ACT to provide for Holding an Election for Representative in Congress. The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. An election shall be Day of election. held on the last Tuesday in December, eighteen hundred and sixty-eight, in the several counties in this State, for a Representative in Congress, and such election shall be conducted, and the returns and canvass thereof made, in the manner provided by law for the holding general elections. Repeal. SEC. 2. All laws providing for the election of a Representative in Congress at any other time or in any other manner than as above provided, are hereby repealed. Approved August 6th, 1868: tol building. CHAPTER 1,666.-[No. 42.] AN ACT to provide an Office for the Superintendent of Public Instruction. The people of the State of Florida, represented in Senate and Office in capi- Assembly, do enact as follows: SECTION 1. That the room in the capitol building on the floor with the legislative hall, and on the west side thereof, adjacent to Senate chamber, be and is hereby appropriated to the use and purpose of an office for the Superintendent of Public Instruction. SEC. 2. Be it further enacted, That all acts and parts of acts inconsistent herewith are hereby repealed. Approved August 5th, 1868. Located at Live Oak, Court house to be erected. Officers to re CHAPTER 1,667.-[No. 43.] AN ACT to permanently Locate the County Site of Suwannee County, and for The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. That from and after the passage of this act the county site of Suwannee county shall be permanently located at the town of Live Oak, on section of land known, upon the United States surveys, as section number twenty-three (23), in township two (2), of range thirteen (13), south and cast in said county of Suwannee. SEC. 2. That it shall be the duty of the judge of the county court and the commissioners of said county to have erected as soon as practicable upon such portion of said section twentythree, as aforesaid, as they or a majority of them may select, a good suitable court house, and a good and secure jail, and to provide suitable offices for all county officers as are now required by law to keep their respective offices at the court house, and to make all necessary arrangements for holding all courts required by law to be held at the county site of said county. SEC. 3. That it shall be the duty of the officers of said county move books and who are required by law to have their offices at the court house, records to coun- to remove all books, records, papers, and everything appertaining to their offices to said county site, and all courts required ty site. |