CHAPTER 381.-[No. 70.]

AN ACT to enable Executors, Administrators and Guardians to sell the real estate of Infants.

1850.

vacation for leave to sell.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That when any Executor, Administrator or Guardian shall have the control or management of any real estate, the property of an infant, and shall think it necessary or expedient to sell the same, it shall and may be lawful for the said Executor, Administrator or Guardian to Executor, &c. apply either in term time or vacation, by petition to the Judge of may apply in of the Circuit Court of the District in which said real estate may be situated, for authority to sell the same, and if the of said peprayer tition shall appear to the said Judge reasonable and just, it shall be, and is hereby declared lawful to authorize said Executor, Administrator or Guardian, to sell said estate under such conditions as the interests of said infant may, in the opinion of said Judge, seem to require: Provided, That the said Judge shall require of the said Executor, Administrator or Guardian such additional bond as, in his discretion, may seem to be necessary to protect the interests of the infant.

SEC. 2. Be it further enacted, That no authority shall be granted Shall give noto sell real estate, as provided for in the first section of this act, un- tice. less the Executor, Administrator or Guardian shall have given at least thirty day's previous notice in one or more newspapers printed in this State, nearest to where said real estate may be, of his intention to make application to the Judge of said Circuit Court for authority to sell the same, setting forth in said notice the time and place, and to what Judge said application will be made.

SEC. 3. Be it further enacted, That when authority shall be granted by virtue of this act to sell real estate, the petition and all. papers relating to the same, together with the order of the Judge granting authority to sell, shall be filed in the office of records for the county in which said real estate may be situated.

Petition, &c.

where filed.

SEC. 4. Be it further enacted, That when any Executor, Admin- Title of prop istrator or Guardian shall convey any real estate, the property of an erty conveyed. infant, under the authority given by virtue of this act, the title to the property thus conveyed, so far as the infant may have title thereto, shall be good and effectual.

SEC. 5. Be it further enacted, That all laws and parts of laws inconsistent with the provisions of this act, be, and the same are hereby repealed.

[Passed the Senate, January 7, 1851. Passed the House of Representatives, January 17, 1851. Approved by the Governor, January 23, 1851.

Repeal

1850.

CHAPTER 382.-[No. 71.]

Governor thorised

to

AN ACT in relation to the Boundary Line between the States of Georgia and
Florida.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That au- the Governor of this State be, and he is hereby authorized and reprosecute suit. quired to take such steps as may to him seem necessary and proper for expediting and forwarding the settlement of the controversy between this State and the State of Georgia in regard to their line of boundary.

to counsel.

SEC. 2. Be it further enacted, That the Governor be, and he is Compensation hereby authorized, for the purpose aforesaid, to cause to be paid out of any money in the Treasury, not otherwise appropriated, such reasonable amounts as compensation to the counsel in the suit here tofore authorized and required to be instituted in the Supreme Court of the United States for the purpose of confirming and quieting said boundary line, as may to him seem expedient, just and proper.

[Passed the Senate, December 19, 1850. Passed the House of Representa tives, December 24, 1850. Approved by the Governor, December 31, 1850.]

CHAPTER 383.-[No. 72.]

AN ACT to amend the laws now in force in relation to compensation to

Physicians.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That in lieu of the compensation now allowed by law out of the public Commissioners Treasury, to Physicians for professional services rendered to prisonshall allow, &c. ers, there shall be allowed and paid such sums for attendance and medicines in each case, as may be allowed after examination by the Board of County Commissioners of the County in which such service may be rendered: Provided, That no compensation shall be allowed except it fully appears by proof that the prisoner to whom the service is rendered is insolvent and unable to pay the claim.

Proviso.

Maximum.

County liable.

SEC. 2. Be it further enacted,That in all cases the claims allowed under this act shall be stated by items, and in no case shall there be allowed for attendance of a Physician, exclusive of mileage and medicines, more than three dollars for one day.

SEC. 3. Be it further enacted, That all claims which shall be examined and allowed by the Board of County Commissioners under the provisions of this act, shall be allowed and paid by the county.

[Passed the House of Representatives, January 11, 1851. Passed the Senate, January 17, 1851. Approved by the Governor, January 23, 1851.]

1850.

CHAPTER 384.-[No. 73.]

AN ACT more particularly to define the duties of Weighers of Cotton in this
State.

Cotton weigh

SECTION 1. Be 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 not be lawful for any ers. weighers of cotton in this State, to make any deduction from the actual weight of each bale of cotton weighed by them including the Bagging and Rope.

SEC. 2. Be it further enacted, That this act shall not be construed

so as to prevent the weighers of cotton from making such deduction Wet cotton, for wet or damaged cotton,' as may be just and right.

[Passed the House of Representatives, December 23, 1850. Passed the Senate, December 28, 1850. Approved by the Governor, January 7, 1851.]

CHAPTER 385.-[No. 74.]

AN ACT in relation to Naturalized Citizens voting in this State.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly covenend, That hereafter any naturalized citizen of the United States, having the qualification of a voter in this State, shall be permitted to vote with- May vote on out the production of his certificate of naturalization, upon taking oath. his swearing and subscribing before the inspectors of any election, the following affidavit, to wit: "I- -do solemnly swear that I am a naturalized citizen of the United States, that I obtained my certificate of naturalization at the- -Court, held in the

State of, in the year ofthe laws of the United States."

-of

in the or thereabouts, according to

When not

SEC. 2. Be it further enacted, That it shall not be the duty of the inspectors of any election to require of any naturalized citizen who may offer to vote, to swear and sign the affidavit provided for challenged, &c. in the first section of this act, unless the vote of such naturalized citizen is challenged, or unless some one of the inspectors have good reason to believe that the person offering to vote is not a naturalized citizen of the United States.

voter

SEC. 3. Be it further enacted, That it shall be the duty of the When inspectors of any election hereafter to be held in the State, to write challenged the name of the voter on the back of every vote that may be receiv. ballot must be ed after the vote is challenged, so that the vote of every challenged voter may be identified.

SEC. 4. Be it further enacted, That it shall be the duty of the inspectors of any election hereafter to be held in this State, to return with the poll book to the Judge of Probate of their respective Coun

endorsed.

Affidavits to

be returned with poll-book.

ties, all the affidavits that may be sworn to and subscribed before them as inspectors, also all the votes received by them; and it is hereby made the duty of the respective Judges of Probate in this State, to file in their office all the affidavits and votes returned to them under the provisions of this act.

SEC. 5. Be it further enacted, That it shall be the duty of the Secretary of State to furnish to the respective Judges of Probate a sufficient number of blank affidavits, as is provided for in the first section of this act, to be distributed to the respective precincts.

SEC. 6. Be it further enacted, That if any person shall be guilty of wilful and corrupt false swearing, or affirming, when interrogated as to his qualifications as a voter, he shall, on conviction, suffer the pains and penalties of perjury.

[Passed the Senate, December 27, 1850. Passed the House of Representa tives, January 10, 1851. Approved by the Governor, January 20, 1851.]

CHAPTER 386.-[No. 75.]

AN ACT repealing the first and second sections and amending section third of
An Act in relation to trading with Slaves, approved February 11, 1834.

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 first and second sections of "An act in relation to trading with Slaves," approved February 11, 1834, be, and the same are hereby repealed.

SEC. 2. Be it further enacted, That section third be so amended as to read as follows: "If any person shall buy, accept or receive from any slave, any money, grain, produce, or other article of value, without a permit from the person having the control of said slave, authorizing said slave to dispose of said money, or article of value, he, she or they, on conviction before the Circuit Court, shall be fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding three months, at the discretion of the Judge: Provided, That in no case shall cotton, sugar or tobacco, be purchased from auy Slave."

[Passed the House of Representatives, January 17, 1851. Passed the Senate, January 22, 1851. Approved by the Governor, January 24, 1851.]

CHAPTER 387.-[No. 76.]

AN ACT in addition to the Acts now in force in relation to Crimes and Misde

meanors.

SECTION 1. Be it enacted by the Senate and House of RepresentKidnapping atives of the State of Florida in General Assembly convened, That negro, penalty, from and after the passage of this act, the abducting or kidnapping of any free negro or mulatto, or any negro or mulatto bound to ser

vice for a less term than life, shall be deemed a felony, and any per son so offending, if he or she be a white person, shall be punished by a fine not exceed one thousand dollars, or whipping not exceed ing thirty-nine stripes, or imprisonment not exceeding one year; and if the person convicted of the crime aforesaid be a negro or mulatto, he or she shall suffer death.

1850.

SEC. 2. Be it further enacted, That hereafter any slave who shall entice, or use any means to induce any slave to run away, or aid, assist or abet any slave in running away, or otherwise wilfully cause a loss of labor of such slave to his or her owner or owners, shall, upon Enticing slave affidavit and warrant, be brought before any Justice of the Peace in-penalty for. the county where such offence is committed, and summarily tried before such Justice, and if found guilty, the slave so offending shall receive not exceeding one hundred stripes, and in all cases where such slave is found guilty the owner or owners thereof shall be liable for the costs of such proceedings.

[Passed the Senate, December 11, 1850. Passed the House of Representatives, December 31, 1850. Approved by the Governor, January 6,1851.]

CHAPTER 388.-[No. 77.]

AN ACT amendatory to acts in reference to Militia and Patrol Duties, and
Crimes and Misdemeanors.

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 not be lawful for the Leaving plan tation, penalty owner or proprietor of any farm or plantation upon which slaves are or shall be employed, to leave the same without any white person residing thereon, under a penalty not exceeding one hundred dollars, to be recovered by indictment, one half to the informer, and the other half to the use of the county in which the offence or offences shall be committed.

SEC. 2. Be it further enacted, That when the owner or proprie. Who exempt. tor of a farm or plantation, whether for agricultural or turpentine

purposes, upon which a slave or slaves may or shall be employed,

shall not be liable to the penalty herein prescribed: Provided, The Proviso. owner or proprietor manages his own affairs without the aid of an

Overseer.

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

[Passed the House of Representatives, January 9, 1851. Passed the Senate January 17, 1851. Approved by the Governor, January 23, 1851.]

4