Offices vacant

appointment.

6th. When any office created or continued by the constitution or laws shall not have been filled by election or appointment under the constitution or law creating or continuing such office. 7th. The conviction of the incumbent of any felony, or an offence involving a violation of his official oath.

8th. The decision of a competent tribunal declaring void his election or appointment, and his removal by said tribunal.

9th. The Governor shall also declare vacant the office of every officer required by law to execute an official bond, when a judgment shall be obtained against such officer for a breach of the condition of such bond.

SEC. 2. In all such cases and all other cases in which a vacancy may occur, if the office be a State, district, or county office (other than a member or officer of the Legislature), it shall be to be filled by the duty of the Governor to fill such office by an appointment, and the person so appointed shall be entitled to take and hold such office until the same shall be filled by an election as provided by law, and in cases requiring the confirmation or the advice and consent of the Senate, the person so appointed may hold until the end of the next ensuing session of the Senate, unless an appointment be sooner made and confirmed or consented to by the Senate.

Approved August 6th, 1868.

Governor to issue bonds.

By whom signed.

CHAPTER 1,634.-[No. 10.]

AN ACT to Fund the Outstanding Debt of the State.

The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. That the Governor is hereby authorized and empowered to issue bonds bearing six per cent. interest per annum, in such sums as he may deem expedient, to the amount of three hundred thousand dollars, payable thirty years from the date thereof, with semi-annual coupons attached thereto.

SEC. 2. That said bonds shall be signed by the Governor and the Comptroller of the State, and shall have the seal of the State affixed thereto. The coupons shall be signed by the Comptroller, and the bonds and coupons shall be redeemed and paid in the city of New York, at such place as the Governor may di

rect.

SEC. 3. The said bonds shall be sold by the Comptroller, or such other person as the Governor may designate, and the proDisposition of ceeds thereof placed in the hands of the Treasurer, for the par pose of paying any amount which may be found due from the State to the school or seminary fun, together with the out

proceeds.

standing floating debt of the State, the same to be first audited and allowed by the Comptroller elected or appointed under the present constitution.

What debt ac

SEC. 4. The outstanding floating debt of the State shall not be construed to apply to any bonds or coupons issued by authority of the State previous to October fifth, eighteen hundred knowledged. and sixty-five, or to any scrip issued by any auditing officer between the tenth day of January, eighteen hundred and sixtyone, and the thirtieth day of August, eighteen hundred and sixty-five.

SEC. 5. The Treasurer shall reserve from the State tax collected a sufficient amount to pay the interest due upon the aforesaid bonds issued under the provisions of this act, and deposit the same in the city of New York, with such bank or banker as the Governor may direct, for the purpose of redeeming the coupons

thereof.

Approved August 6th, 1863.

Interest.

CHAPTER 1,635.-[No. 11.]

AN ACT to establish a State Penitentiary, and for the Government and Sup port thereof.

Duty of Gov

lish,

SECTION 1. The people of the State of Florida, represented in Senate and Assembly, do enact as follows: The Governor, through the Adjutant-General, shall, as soon as practicable, establish a State Penitentiary, for the safe keeping and punishment of convicted criminals, in which shall be securely confined, employed at hard labor, and governed in the manner hereinafter ernor to estab directed, all offenders convicted before any court of this State, or any court of the United States held within the State of Florida, and sentenced according to law to the punishment of imprisonment and labor therein; and such penitentiary shall be established and conducted in the most economical manner, consistent with the safe keeping and punishment of its prisoners, and with the health of the inmates, the guard, and the officers thereof.

GOVERNMENT.

Guard.

SEC. 2. The State Penitentiary shall be governed by a milita- How governed. ry organization, and conducted as a military establishment, and the officers of the prison shall have military rank. The guard shall be enlisted, uniformed, and equipped as soldiers, and the penitentiary and grounds, and all buildings connected therewith, shall be a military post, and commanded as such by the officers of the prison, subject to such laws only as the Legislature shall enact, and such rules and regulations as may be adopted by the

manding officer.

Report.

Pay.

Officers.

Commissioners of Public Institutions for the government thereof. The commanding officer shall have the grade of colonel. He Duty of com- shall be commandant of the post, of the officers, guard, prisoners, attaches, and have charge of each and every matter relating to the immediate care, control, and government of the penitentiary, and the custody of its prisoners, subject to the orders of the Adjutant-General of the State; and the Adjutant-General shall always be subject to the control and direction of the said commissioners and of the laws of the State. The commandant shall make a monthly report and return to the Adjutant-General, on the last day of every month, of all matters connected with the care and government of the penitentiary, including a report of the labor performed. His pay shall be five dollars per diem for a full year, and quarters. There shall be an officer of the grade of captain, who shall be an officer of the prison and commanding officer of the guard. His pay shall be three dollars per diem for a full year, and quarters. There shall be an officer of the grade of first lieutenant, who shall be an officer of the penitentiary, and of the guard, and in addition thereto, he shall be adjutant, quartermaster, and commissary of the prison and post, and have charge and keeping of all property belonging to the penitentiary or used therein, and shall be responsible therefor, and for the expenditure of all funds which may come into his official charge, belonging to the State or to persons officially connected with the government of the penitentiary. He shall, before entering upon the discharge of his duties as such officer, give bond to the State of Florida in the sum of five thousand dollars, or such greater sum as may be determined upon, from time to time, by the Governor and Comptroller of the State, with two or more sufficient sureties, to be approved by the Adjutant-General, conditioned for the faithful discharge of his duties, which bond shall be deposited in the office of the Secretary of State. He shall make full and accurate returns to the colonel commanding, as often as he may be required, of all receipts and expenditures, and of property for which he may be responsible. His pay shall be two dollars per diem for a full year, and quarters, and in addition thereto a fee of five per cent. upon all moneys received for the profit of the State, from the labor of prisoners or by contracts for their labor which shall pass through Other officers his hands. There shall be a surgeon and medical purveyor of the post and prison, who shall have the grade of captain. He shall have the special supervision of the sanitary condition of the prisoners, guard, and of all persons connected with the post and prison, and of the buildings and grounds, and shall provide all necessary medicines to be used within the post, which medicines shall be drawn on his requisition, approved by the commanding officer, upon the Adjutant-General. He shall make monthly returns to the Adjutant-General, on the last day of every

Bond.

and duties.

month, of all matters connected with his office and its duties. His pay shall be five dollars per diem for a full year, and he shall reside at or near the post; but nothing herein contained shall preclude the surgeon from pursuing private practice when

it shall not interfere with his official duties. All officers of the How appointed. post and penitentiary shall be appointed by the Governor, with the consent of the Senate, and shall hold their office[s] for four years from the date of their confirmation. Excepting the surgeon, they shall be employed in no business for private emolument, or which does not pertain to the duties of their office. They shall be subject, in addition, to military arrest and suspension from office by their superior officers, to impeachment, trial, and conviction by the Legislature, in the same manner as civil officers of the State, and in case of arrest, suspension, impeachment, disability, or death of a commanding officer, the next officer in rank of the post and prison (the surgeon excepted) shall assume the command, in all respects, until otherwise ordered by the Adjutant-General.

PRISON GUARD AND ITS DISCIPLINE.

SEC. 3. Whenever the Adjutant-General shall so order, there shall be enlisted under his instructions, by the officers of the prison guard, a company not to exceed forty men, which shall compose the post and the prison guard, and such enlistments shall be made for a term of three years, unless sooner discharged by the repeal of this act, or by order of the adjutant-general. The men of the guard shall be uniformed immediately after their muster into service, and equipped as soldiers, and thereupon shall be subject to military law and discipline, and to [the] regulations of the prison, and to punishment for all misdemeanors and offences known to [the] Regulations governing the Army of the United States, in the manner prescribed by law, or by the order of the Adjutant-General. They shall be subject to the proper commands of their officers wherever they may be during the term of their enlistment.

SEC. 4. There shall be appointed by the commanding officer of the guard, out of the men enlisted, the necessary number of non-commissioned officers, who, together with the men, shall be thoroughly drilled and disciplined in the duty of soldiers, and guardsmen of the prison, and overseers of prison labor, including the tacties prescribed by the United States Army Regulations for the company drill in the infantry arm of the service, and in such other duties as they may be directed to perform.. The pay of the enlisted guard shall be ten dollars a month for privates, eleven dollars a month for corporals, twelve dollars a month for sergeants, except first sergeant, and thirteen dollars a month for first sergeant, and quarters, rations, fuel, clothing, and equipments; but no commutation shall be allowed for either.

To be subject.

to military discipline.

Non-commis

sioned officers" duties and pay.

Uniform.

Punishment of prisoners.

ed.

SEC. 5. The officers of the post and prison, and the soldiers of the guard, shall wear the uniform prescribed by the Regulations governing the Army of the United States for the same grade of officers and for the soldiers of the infantry arm of the service.

DISCIPLINE OF PRISONERS.

SEC. 6. All necessary means shall be used by the commanding officer of the penitentiary, and such punishments as may be needful shall be adopted, to maintain order, enforce obedience and discipline, suppress insurrection, prevent escapes, and compel the performance of labor; but no cruel or inhuman punishment shall be inflicted upon any prisoner, and no punishment injurious to the mind or body of the prisoner shall be permitted, nor shall the prisoners be compelled to labor without food.

SEC. 7. Prisoners sentenced to the punishment of hard labor To be employ shall be constantly employed for the benefit of the State, but no prisoner shall be compelled to labor more than eight hours a day, and all prisoners, except such as may be on the disabled list, or in solitary confinement, shall labor not less than eight hours a day.

SEC. 8. The commanding officer shall, whenever he may deem it absolutely necessary to the promotion of good order Solitary im- and discipline, confine to solitary imprisonment such prisoners as are obstinate and refractory, and such prisoners shall be fed with bread and water only during the time of such confinement.

prisonment.

Intercourse of prisoners.

Uniform of prisoners.

ship.

SEC. 9. No communication or intercourse shall be allowed between the prisoners without the consent of some one of their officers, nor between any prisoner and a person without the post or prison, without such consent, and they shall be confined in separate cells in the night time.

SEC. 10. All the prisoners confined in the penitentiary shall wear a parti-colored uniform of red and blue shoddy or flannel, and no other clothing, except under-clothing, shall be worn by the prisoners during their confinement.

SEC. 11. The commanding officer shall provide for the proper Religious wor observance of the Sabbath within the post and prison, and for such instruction as the prisoner[s] may be desirous to receive; but no time to exceed one working day of the week (except evenings) shall be devoted to such purpose.

books.

SEC. 12. The Commissioners of Public Instructions [InstituRegulations as tions] shall adopt such regulations as they may deem proper, to admitting governing the admission of books and newspapers within the prison for the use of the prisoners, but no regulations shall be adopted which shall prevent the introduction of the Holy Scriptures, and other religious books, and their free use and distribution among all the prisoners.

SEC. 13. No person other than the Governor of the State,