1852. ty, in regard to the question of their County Site, it shall SEC. 2. Be it further enacted, That should it be found necessary, as will appear from the result of the election as authorized in the first section, and should the owner or owners of said land, so laid off and designated as aforesaid refuse to sell the same, or the parties cannot agree on the Ad quod damvalue and sale of said lands, it shall and may be lawful for num. the Judge of Probate of said County after giving at least twenty days' notice to the owner or owners of said lands, or the agent or Attorney of the same, to issue a writ of ad quod damnum, directed to the Sheriff of said County, to summon five disinterested persons, house-holders, of lawful age, to meet and value the said land on oath, to be administered by any Justice of the Peace, whose duty it shall be to attend in person said inquest, and receive the report; and the amount thus fixed upon by said valuation, the said Justice of the Peace shall receive from the said County Commissioners, and pay over to the person or persons se entitled to receive the same, and take an acquital therefor of the sum awarded to the party entitled to receive it, or the Agent or Attorney thereof; and it shall be lawful for the said County Commissioners to enter upon and take possession of said lands, for the use of said County; but all costs incurred by said writ of ad quod damnum shall be paid by the said County Commissioners. SEC. 3. Be it further enacted, That it shall be the duty Public buildof said County Commissioners to proceed to the erection, at ings. Loan 1852. the place receiving the majority of votes as provided for in this act, [of] such Court House and other public buildings, as the necessities of said County may require, and for such purpose it shall be lawful for the officer having the control and management of the school funds, and he is hereby required, upon the application of the Board of County Commissioners of said County, to loan to the said County from the said fund the sum of three thousand dollars, or less to be appropriated exclusively to the erection of a Court House and Jail for said County under the superintendence of said County Commissioners. SEC. 4. Be it further enacted, That to insure a faithful Rate per cent. reimbursement of the said loan and interest at the rate of six per centum per annum, an assessment of twenty per centum on the State tax shall be annually levied upon the Citizens of said County, until the said interest acruing thereon shall have been paid off and satisfied, which assessment shall be collected by the Tax Collector of said County, and by him paid to the said officer so having the contract, and management of the School Funds for the time being, and that it shall be the duty of said Tax Collector, upon said payments from year to year, to take duplicate receipts for the same, and to file one of said receipts in the office of the County Commissioners of said County. Asessment. Appropriation. Resposibility. Investment. Duration of act SEC. 5. Be it further enacted, That the members constituting the Board of County Commissioners at the date of said loan, and their successors in office shall be held personally responsible in the County of Wakulla for the faithfnl appropriation of the said funds to the object above indicated. SEC. 6. Be it further enacted, That the County Commissioners who shall be in office at the date of said loan are hereby made jointly and severally liable for the re-payment of the amount of principal and interest of said loan or any part thereof which shall not be paid in the manner aforesaid. SEC. 7. Be it further enacted, That the said loan shall be so invested as to have the interest payable on the 20th day of July, 1853, and annually thereafter. SEC. 8. Be it further enacted, That this act shall be, and continue [in force] until the said loan, and the interest accrueing thereon shall have been fully reimbursed and paid off, and no longer. SEC. 9. Be it further enacted, That the place made known and selected under this act and which shall have 1852. received the largest number of votes, shall be permanent ly the County Site of said County, and that the locating Permanent loCommissioners elected under the act of 1849, be and are cation. hereby exempt and declared free of all duties under said act. [Passed the House of Representatives, December 29, 1852. Passed the Senate, January 1, 1853. Approved by the Governor, January 10, 1853.] CHAPTER 554.-[No. 75.] AN ACT to repeal An Act to provide for the removal of the Indians now remaining in Florida beyond the limits of the State. Approved January 20, 1851. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That an Act to provide for the removal Repeal, of the Indians now remaining in Florida beyond the limits of the State. Approved 20 January 1851, be, and the same is hereby repealed. [Passed the Senate, December 24, 1852. Passed the House of Representatives, January 3, 1853. Returned by the Governor with his Veto. Reconsidered in both Houses, and passed by the requisite Constitutional majority. CHAPTER 555.-[No. 76.] AN ACT to provide for the Final Removal of the Indians of this State, and for other purposes. Indians, cap 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, it shall be unlawful for any Indian or Indians to re- ture of main within the limits of this State, and any Indian or Indians that remain or may be found within the limits of this State, shall be captured and sent West of the Mississippi: Provided, That the Indians and half-breeds residing among the whites, shall not be included in the provisions of Proviso, this section: Provided, further, That nothing shall be authorized under this act in violation of the Constitution of the United States: And provided, also, That any Indian or Indians so captured may be turned over and delivered. to the commandant of any Military Post, or Agent of the United States, which may be most convenient, and that the Indians thus captured be transported beyond the Mississippi River by the officers and authority of the Federal 1852. Volunteers. Government; but if the Indians so tendered to the United States officer are refused, then this proviso shall be wholly inoperative. SEC. 2. Be it further enacted, That the Governor be and he is hereby required to raise one Regiment of Mounted Volunteers, and one Regiment of Infantry, each Regiment to consist of not more than one thousand inen, to be organized, provided for, equipped and disposed of as hereinafter provided; and said Regiment shall have the same number of officers, and each officer shall have the same rank which is now prescribod by the Militia Laws of this State, and to be armed in such manner as the Commanding Officer may think the exigencies of the service may require. SEC. 3. Be it further enacted, That said Regiment of Brigadier Gen- Volunteers as aforesaid shall compose one Brigade, and eral, election of shall be commanded by a Brigadier General, to be elected by the joint vote of the General Assembly, who shall be commissioned by the Governor, and shall be entitled to the same staff officers as an officer of similar rank in the United States Army; and the Governor of this State shall confer, by Brevet Commission, from time to time, such additional rank on the said Brigadier General as may be required to command such additional force as may from time to time be ordered in the service, as hereinafter provided. Officers. Tender to Gen SEC. 4. Be it further enacted, That said officers, except staff officers and the Commanding Officer, shall be elected by the Volunteers of the several Companies, Regiments, and Batalions to be raised under the provisions of this act, and shall be commissioned by the Governor of this State. SEC. 5. Be it further enacted, That the Governor be and eral Govern't. he is hereby required to tender said Brigade to the General Government, for the removal of the Indians, and to raise any greater or larger force that the General Government may require to remove said Indians West of the Mississippi. Refusal of. SEC. 6. Be it further enacted, That should the General Government refuse to receive said Volunteer force, or fail to notify the Governor of their acceptance of the same at the earliest practicable time, it shall be the duty of the Governor forthwith aud without delay to secure the frontier settlers, and to employ the said Brigade in carrying out the provisions of this act, in that part of the Peninsula of this State now in the occupancy of the Indians. SEC. 7. Be it further enacted, That for the purpose of 1852. Subsistence, providing for [the] subsistence, forage, transportation, and SEC. 8. Be it further enacted, That each officer shall Rules. Quartermaster SEC. 9. Be it further enacted, That there shall be a Quartermaster, and Commissary to each Regiment, who &c. shall be governed and directed by the rules for the government of the Subsistence and Quartermasters department in the Army of the United States: And also a paymaster who shall be governed by the rules and regulations, by which Paymasters in the United States Army are governed: Provided, That should the United States, fail or refuse to accept the services of said Troops, the Comptroller of this State, shall be, and is hereby authorized, and Proviso. required to issue warrants upon the Treasury of this State, for all accounts arising or to arise, in consequence of the provisions of this Act, and which shall have been properly vouched, and approved by the proper Military Offi cers. Accounts and SEC. 10. Be it further enacted, That the Governor is hereby authorized, and he is required to cause proper ac- vouchers. counts, and vouchers, for all expenditures made, and expenses incurred, on account of the removal of the Indians under this Act, to be made, and to call on Congress to make an appropriation to reimburse the State for the same. SEC. 11. Be it further enacted, That the Governor be, Militia. and he is hereby required to cause the officers, commanding the different Divisions, Brigades, Regiments, Battallions, and Companies in this State, to organize their re |