1864.

CHAPTER 1,441-[No. 12.]

AN ACT to provide for taking the Census in the year 1865 in this State. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, Tax Assessors That the Tax-Assessors and Collectors of the several counties in made census ta- this State be and they are hereby constituted and appointed takers of the census of the inhabitants of their respective counties for the year eighteen hundred and sixty-five.

kers.

of inhabitants.

List.

Returns.

SEC. 2. Be it further enacted, That the said Tax-Assessors and Collectors shall proceed to make an enumeration of all the inhabiEnumeration tants of their respective counties, distinguishing the free white inhabitants, slaves and free persons of color therein residing, and making a list, or statement in duplicate, accurately prepared, of such inhabitants and such enumeration, one copy of which list shall be filed in the office of the Judge of Probate of the respective counties, and the other returned to the Secretary of State. SEC. 2 Be it further enacted, That the said enumeration shall be made and the return thereof made to the Secretary of State by said takers of the census on or before the first day of September, A. D. 1865; and as compensation for their services under this act, the said census takers shall receive ten cents per capita for the first thousand inhabitants, and six cents for all over one thousand and under three thousand, and four cents for all over three thousand; and for all counties having less than five hundred inhabitants, sixteen cents for each inhabitant, which amount shall be paid in each case by warrant of the Comptroller upon certificate of the Secretary of State that the duties required of the said takers of the census have been discharged properly and the return made to his office according to law.

Compensation.

SEC. 4. Be it further enacted, That for the purpose of carryAppropriation. ing out the provisions of this act, the sum of ten thousand dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated; and that the Secretary of State shall, under the direction of the Governor, furnish suitable printed forms to the census takers herein provided for, which forms shall give such directions as to the particulars of the enumeration herein provided for as may by the Governor be deemed proper and expedient, and which forms and directions shall in all respects be accurately observed by said census takers in making said enumeration.

Forms.

Tax Assessor

SEC. 5. Be it further enacted, That if any Tax-Assessor shall fail, refuse or neglect to perform any of the duties imposed by failing to do du- this act, he shall be guilty of a disdemeanor, and shall be subject to a fine of not less than one thousand dollars at the discretion of court.

ty.

Passed the House of Representatives December 1, 1864. Passed the Senate December 2, 1864. Approved by the Governor December

CHAPTER 1,442-[No. 13.]

AN ACT to amend “An Act to provide for the establishment of two Seminaries of Learning.

1864

County super

SECTION 1. Be it enacted by the Senate and House of Repre sentatives of the State of Florida in General Assembly convened, That that portion of the 3d Section of an "Act to provide for the establishment of two Seminaries of Learning," approved Jan- intendant. ary 24, 1851, which provides that the County Superintendent of the county in which such Seminaries are situated shall be ex-officio a member and Secretary of the Board of Education for each Seminary, be and the same is hereby so amended as to relieve the Judge of Probate or County Superintendent of Leon county from the discharge of said functions and duties: Provided, That the Governor shall appoint some suitable person to fill the place of member of the Board of Education for the Seminary West of appoint. the Suwannee, made vacant by the provisions of this act.

Passed the House of Representatives December 3, 1804 Passed the Senate December 5, 1864. Approved by the Governor December 6, 1864.

Governor to

CHAPTER 1,443-[No. 14.]

AN ACT for the Education of Soldiers' Children.

of soldiers.

SECTION 1. Be it enacted by the Senate and House of Repre sentatives the State of Florida in General Assembly convened, That it shall be the du of the Board of County Commissioners of each county in this State to have a list made of all the orphan List of children children of every deceased soldier or sailor who, when he enlisted in the service of the State of Florida or of the Confederate States, resided in the State of Florida, and of all children of soldiers or sailors who now are or have been in either of said services and whose circumstances are such as to prevent such par ent from giving hi child or children a suitable education; and upon said list being perfected, a copy shall be sent to the Governor, and it shall be the duty of said County Commissioners to send each and every child herein provided for to some suitable school nearest the residence of the child, and, where there is no such school, to establish such number as may be necessary to insure an English education to all such children in their respective counties, and to provide male or female teachers therefor; and they shall examine and certify to the several accounts which exhibit the sums of money which are actually necessary for the purposes aforesaid, and send the same to the Governor for his

missioners to County Comsend children to

school.

Teachers.

Accounts.

1864.

payment.

examination, who, if he shall approve the same, shall issue his order thereon for payment, but if he shall disapprove of the same, Warrant for it shall be sent back to the County Commissioners for correction; and the Comptroller shall draw his warrant on the order of the Governor and the Treasurer shall pay the same. And whenCounty Comever by any cause whatever the County Commissoners of any missioners failing to perform county shall fail or be unable to perform the duties herein enjoined upon them, or whenever by reason of any cause there is no Board of County Commissioners, the Governor shall appoint a suitable person for such county, who shall discharge the duties herein enjoined upon the County Commissioners.

duty.

Governor to

rect schools.

SEC. 2. Be it further enacted, That all such schools and teachers shall be under the especial control and guardianship of the control and di- Governor, who shall from time to time require the same to be visited by suitable persons to be appointed by him, and report to be made to him, and he shall make and prescribe such rules and regulations as to insure to each child in this act provided for an English education.

Tax.

SEC. 3. Be it further enacted, That there shall be levied and collected a tax upon all property now by law taxed by the general tax laws of this State, and in the same manner and at the same time and places a tax of one-third of one-sixth of one per cent., which shall form a special fund for the purposes of this act. Passed the House of Representatives November 30, 1864 Passed the Senate December 1, 1864. Approved by the Governor December 6, 1864.

NOTE.-The words "of one" have been inserted in the text of the above act, so that the section will read "one-third of one-sixth of one per cent." Although in the enrolled act the words "of one" are omitted, as well as in the engrossed bill, which has been examined, yet the original bill contains these words, which have probably been omitted in the engrossed, and enrolled bills by oversight or mistake, as it is not probable that the General Assembly could have intended to impose such a tax as that provided by the act as enrolled for the purposes contemplated therein.

Circuit Judges

may hold extra

and adjourned

terms.

CHAPTER 1,444-[No. 15.]

AN ACT to amend an act entitled "An Act to allow the Supreme Court of this State to hold extra terms in certain cases therein specified," approved Decem ber 28, 1864

SECTION 1. Be it enacted by the Senate and House of Repre sentatives of the State of Florida in General Assembly convened, That hereafter it shall and may be lawful for the respective Judges of the Circuit Courts of this State to hold extra or adjourned terms of said Courts, whenever said Courts shall not

have been holden at the time or times prescribed by law in consequence of the presence of the enemy or for any other causes, and it shall be the duty of the Judges, in such cases, to appoint a convenient day or days for the holding of such extra or adjourned terms whenever there shall have been a failure from any cause of the regular terms.

SEC. 2. Be it further enacted, That whenever it shall appear to the Governor of this State, that any Judge of the Circuit Court in either of the Judicial Circuits of this State is absent from his Circuit and cannot hold the Courts of the same, it shall be lawful for the Governor, and he is hereby authorized and required, to appoint and assign one of the Judges of the Circuit Court to hold the terms of the Court in the Circuit at such time or times as the Governor may direct.

SEC. 3. Be it further enacted, That if any Judge shall fail in the performance of the duty required of him by the Governor, under the preceding section of this act, such failure shall be cause of impeachment of such Judge.

SEC. 4. Be it further enacted, That the Judges of the Circuit Court shall receive an increased compensation sufficient to reimburse them for the increased expense to which they may be subject in performing the duties required by this act, to be paid on the warrant of the Comptroller to be issued upon the certificate of the Governor.

1864.

Governor may

appoint or assign other Judge in case of absence of incumbent.

Judge failing to perform duty

Compensation.

Judicial busi

Circuit.

SEC. 5. Be it further enacted, That whenever there is any legal business which could have been determined in the Western Cir- ness of Western cuit at Chambers, the same may be heard and determined before the Judge of the Middle. Circuit at his Chamber, upon giving notice thereof to the opposite party, plaintiff or defendant, during the absence of the Judge of the Western Circuit.

Passed the House of Representatives November 26, 1864. Passed the Senate December 1, 1884. Approved by the Governor December 6, 1864.

CHAPTER 1,445-[No. 16.]

AN ACT to fix the County Bite of Brevard County, and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Repre sentatives of the State of Florida in General Assembly convened, That the county site of Brevard county shall be and the same is hereby located at Bassville in said county, and that all records and county offices shall be held and kept at said eounty site.

SEC. 2. Be it further enacted, That there shall be an election held in said county on the first Monday in March next, to fill any

County site.

Election of county officers.

1864.

Repeal.

vacancies that may exist in the county offices of said county, and that from and after the passage of this act, all the county business of said county shall be done and transacted in said county of Brevard, by its own county officers, in like manner as in other counties of this State, and any election heretofore held for such officers are hereby legalized and made valid.

SEC. 3. Be it further enacted, That all laws and parts of laws conflicting with the provisions of this act be and the same are hereby repealed.

Passed the House of Representatives November 80, 1864. Passed the Senate December 5, 1864. Approved by the Governor December 6, 1864.

CHAPTER 1,446-[No. 17.]

AN ACT to facilitate the transaction of business in the Quartermaster General's
Office.

SECTION 1. Be it enacted by the Senate and House of Repre sentatives of the State of Florida in General Assembly convened, That the Quartermaster General shall make quarterly estimates Quartermaster of the amount of money required for the ensuing quarter for the to make esti- use of his department, which estimate shall be exhibited to the Governor, and if the Governor approve such estimate, he shall draw an order on the Comptroller for the amount, and the Comptroller shall issue a warrant thereon in favor of the Quartermaster General, and the Treasurer shall pay the same.

mate of expenditures.

Comptroller to issue warrant.

SEC. 2. Be it further enacted, That at the expiration of each quarter, the Quartermaster General shall present his accounts Quartermasters and vouchers to the Comptroller, who shall audit and allow all

accounts.

Proviso.

payments made according to law: Provided, however, The amount appropriated shall not exceed three thousand dollars to meet the quarterly estimates of the Quartermaster.

Passed the Senate November 28, 1864. Passed the House of Representatives December 3, 1864. Approved by the Governor December 6, 1864.

Estates may be kept together.

CHAPTER 1,447-[No. 18.]

AN ACT in relation to Estates in this State,

SECTION 1. Be it enacted by the Senate and House of Repre sentatives of the State of Florida in General Assembly convened, That whenever, in the opinion of the administrator or executor,