1887 SEC. 24. The Adjutant-General shall be the organ of all written communications to the State Troops from the Gov- Duties of Adernor, and shall attend him, when required, in reviews of the jutant-General. State Troops or whenever ordered in performance of military duty, and obey or issue such orders as the Governor shall give in relation thereto, and all other military matters. He shall annually make a return in triplicate of all the volunteer militia Reports of. of the State, one copy of which he shall deliver to the Governor, one to the President of the United States, and one shall be filed in his office. He shall be the custodian of all military Custodians of stores and property and munitions of war of the State; shall military stores, use all necessary care and diligence in the safe keeping thereof, and shall account for the same and deliver to his successor, or any other person authorized to receive the same, such stores, property and munitions. SEC. 25. When [in] attendance at the annual camp of instruc troops at camp 8 tion the State Troops shall receive the following compensation Pay of State per diem: Officers two dollars, non-commissioned officers, of instruction. musicians and privates one dollar; when called out under this act to aid the civil authorities they shall receive no pay unless kept in service beyond the day on which they are called out; but when kept in such service longer than one day they shall receive for the entire time the same pay, rations and allowances certain duty. as at the time are allowed by law in the army of the United States. Whenever ordered from home transportations shall be furnished for the officers and men. SEO. 26. The State Troops, while in camp of instruction and when called out to aid the civil authorities, shall be considered for the time being in actual service, and shall be governed by the articles, rules and regulations prescribed under section 8 of this act. Pay when on State Troops, ow governed when in actual service. how called out. SEC. 27. In case of insurrection, riot, mob, unlawful assem. State Troops, bly, breach of the peace, or resistance to the execution of the laws of the State, or imminent danger thereof, and the civil authorities are unable to suppress the same, it shall be the duty of the Governor, or in case he cannot be reached and the emergency will not admit of awaiting his orders, it shall be the duty of the Adjutant-General, to issue an order to the officer in command of the nearest body of State Troops, commanding such officer to call out the troops under his command, and to proceed with all possible promptness to suppress the same. called out. SEC. 28. Any such officer receiving such orders shall imme- Duty when diately notify the officers and men under his command, and proceed as soon as his troops can be assembled to the place where such mob or body of riotous person or persons assembled to break the law may be, and he, or the Sheriff of the 72 1887 county, or other peace officer accompanying him, shall warn all such persons to desist and disperse, and use such force as may be necessary to restore peace and overcome resistance. Any officer failing to comply with the provisions of this section, and any officer or enlisted man so notified by his comPenalty for non- manding officer who shall fail to obey such order, unless preperformance of duty. Pay rolls, when to be made out. Governor to issue warrants to pay troops" Troops, how paid. Penalty for sel. vented by physical inability, shall be guilty of a misdemeanor, and upon conviction shall be punished by fine not exceeding five hundred dollars and by imprisonment not exceeding six months, either or both at the discretion of the court, and may also be cashiered by sentence of a court-martial. SEC. 29. Commanders of battalions and of companies and batteries shall, within ten days after annual encampments and after being called out to aid the civil authorities, make and transmit to the Adjutant-General certified pay rolls in duplicate of the field, staff and band, companies and batteries, respectively, present and on duty, specifying the name, rank, and number of days' duty performed, and the actual expenses of transportation. SEC. 30. The Governor shall, upon the requisition of the Adjutant-General, draw his warrant upon the Treasurer in favor of the Adjutant-General for such expenditures, which shall be paid out of any money in the Treasury not otherwise appropriated; Provided, That not exceeding five thousand dollars shall be paid to the troops attending any annual encampment for services while attending the same. The Adjutant General shall then pay the troops, pro rata if necessary, taking receipt on duplicate pay rolls, one copy of which shall be filed in the office of the Secretary of State, the other in the office of the Adjutant-General. SEC. 31. Any person who shall sell, retain, conceal or have ling or retaining in his possession any arms, ordnance, accoutrements or military State property. stores the property of this State, the same not having been delivered to him by any officer thereto authorized, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not more than one hundred dollars, and may be imprisoned not more than three months, one or both at the discretion of the court. State arms only to be used for military pur poses. SEC. 32. No officer or enlisted man of the State Troops shall lend any arms, accoutrements or military stores issued by the State, or use the same except for military purposes. Any officer or man violating the provision of this section shall be guilty of a misdemeanor and on conviction may be fined not more than fifty dollars or imprisoned not more than sixty days, one or both at the discretion of the court. SEO. 33. All laws and parts of laws in conflict with this act be and the same are hereby repealed. This act shall take effect from and after its approval by the Governor. Approved June 8th, 1887. CHAPTER 3708-[No. 28.] AN ACT to Define the Method of Applying for Special or Local Legisla tion. Be it enacted by the Legislature of the State of Florida: SECTION 1. That the notice required to obtain special or local legislation shall be by publishing the same in some newspaper published in the county, or counties, where the person, matter or thing to b affected by such legislation shall reside or be situated, at least once each week for at least sixty days, or by posting the same at not less than three public places in said county or counties, one of which shall be at the Courthouse door of said county or counties, and one in the locality or localities where such person may reside, or matter or thing be situated, for the time aforesaid; and said notice shall contain a short statement of the object desired by said special or local legislation. publishers, &c. notices de SEC. 2. The evidence required shall be the affidavit of the Affidavit of publisher of said newspaper appended to a copy of said notice that the same has been published the time aforesaid, or if by posters, the affidavit of the person or one of the persons so posting, the same appended to a copy of said notice that the same has been published, or posted, for the said time and in the manner required; and said affidavit shall be made before some officer authorized to administer oaths. SEC. 3. That all notices of application to the Legislature for All previous the enactment of local or special laws, heretofore published or clared legal posted and which have been published or posted in substantial compliance with the provisions of the foregoing section, shall be held legal and valid notices of such application under this act, and shall be deemed a sufficient compliance therewith to entitle the person or persons giving such notice to apply for the enactment of such local or special laws. SEC. 4. That this act shall take effect immediately upon its When to take approval by the Governor. Approved May 31, 1887. CHAPTER 3709-[No. 29.] AN ACT for the Incorporation and Regulation of Building and Loan Associations. Be it enacted by the Legislature of the State of Florida: and valid. effect. Building and SECTION 1. Building and loan associations incorporated loan associaunder the provisions of this act shall have the power, and from dors, powers, &c. 1887 Capital stock, limit of. Shares of stock to be subject to lien for unpaid installments. How issued. How stockholder may withdraw from corporation. the date of the letters patent creating the same, when not otherwise provided in this act, shall be governed, managed and controlled as follows: They shall have power and franchise of loaning or advancing to the stockholders thereof the moneys accumulated from time to time, and the power and right to secure the repayment of such moneys, and the performance of the other conditions upon which the loans are to be made, by bond and mortgage, or other security, as well as the power and right to purchase or erect houses, and to convey, lease or mortgage the same, at pleasure, to their stockholders or others for the benefit of their stockholders in such manner; also, that in case of non-payment of installments, premiums or interest by any stockholder for three months, payment of principal, premiums and interest, and fines, without deducting the premiums paid or interest thereon, may be enforced by sale of the shares at a meeting of the stockholder, and the net proceeds, after deducting all fines and arrearages, with a proportionate part of any losses, shall be paid over to him or her, and thereafter he or she shall cease to be a member of the association. SEC. 2. The capital stock of any corporation created for such purposes, by virtue of this act, sha'l at no time consist in the aggregate of more than one million dollars, to be divided into shares of such denomination not exceeding five hundred dollars each, and in such number as the corporations may in the application for their charter specify; Provided, That the capital stock may be issued in series, but no such series shall at any issue exceed in the aggregate five hundred thousand dollars, the installments on which stock are to be paid at such time and place as the by-laws shall appoint; no periodical payment of such installments to be made exceeding two dollars on each share, and said stock may be paid off and retired as the by-laws shall direct. Every share of stock shall be subject to a lien for the payment of unpaid installments, and other charges incurred thereon under the provisions of the charter, constitution and by-laws, and the by-laws or constitution may prescribe the form and manner of enforcing such liens; new shares of stock may be issued in lieu of the shares withdrawn or forfeited. The stock may be issued in one or in successive series in such amount as the Board of Directors or the stockholders may determine, and any stockholder wishing to withdraw from the said corporation shall have power to do so by giving thirty days' notice of his or her intention to withdraw, when he or she may be entitled to receive the amount paid in by him or her, less all fines and other charges; but after the expiration of one year from the issuing of the series, such stockholder shall be entitled, in ad 1887 dition thereto, to legal interest thereon; Provided, That at no time shall more than one-half of the funds in the treasury of the corporation be applicable to the demands of withdrawing stockholders without the consent of the Board of Directors, and that no stockholder shall be entitled to withdraw whose stock is held in pledge for security. Upon the death of a stockholder his or her legal representatives shall be entitled Legal represento receive the full amount paid in by him or her and legal tatives of deinterest thereon, first deducting all charges that may be due holders. on the stock. No fines shall be charged to a deceased member's account from and after his or her [decease], unless the legal representatives of such decedent assume the further payment on the stock. ceased stock be fixed by By SEC. 3. That the number, titles, functions and compensations Officers, &c., to of the officers of any such corporation, their terms of office, laws. the time of their election as well as the qualifications of electors, and the ratio and manner of voting, and the periodical meetings of the said corporation, shall be determined by the by-laws or constitution when not provided by this act. Stated meet rower. SEC. 4. That the said officers shall hold stated meetings, atinge, how monwhich the money in the treasury, if over the amount fixed by ey loaned. charter as the full value of a share, shall be offered for loan in open meeting, and the stockholder who shall bid the highest premium for the preference of priority of loan shall be entitled to receive a loan of not more than the amount fixed by charter or constitution as the full value of a share for each share of stock held by such stockholder; Provided, That a stockholder may borrow such fractional part of the amount fixed by charter as the full value of a share, as the constitution or by-laws may provide. Good and ample security, as prescribed by the con- Security restitution and by-laws of the corporation, shall be given by the quired of borborrower to secure the repayment of the loan. In case the borrowershall neglect to offer security, or shall offer security that is not approved by the Board of Directors by such time as the by-laws may prescribe, he or she shall be charged with legal interest, together with any expenses incurred, and the loss in premium, if any, on a sale, and the money may be resold at the next stated meeting In case of non-payment of installments Interest. or interest by borrowing stockholders for the space of three months, payment of principal and interest and all fines prescribed by the constitution and by-laws, without deducting the premium paid and interest thereon, may be enforced by proceeding on their securities according to law. SEC. 5. Should any stockholder who has given a mortgage to the Association be desirous of selling the mortgaged prop erty and having the same released from the mortgage, he or she shall be at liberty to do so, with the consent of the Direc mortgaged to the association How property sold. |