26 1846. CHAP. 82-83. Limitation of Actions. Grand & Petit Jurors. Be it enacted by the Senate and House of Representatives o the State of Florida in General Assembly convened, That the sav ing in the act of November the tenth, one thousand eight hundre and twenty-eight, and all other acts of limitation in favor of person "beyond the seas or out of the country," until such persons shal To whom the have returned from beyond the seas, or from without the country phrase ex-shall not be held, deemed or taken to extend to persons who were not at the time of the making of the contract, or accruing of the cause of action, domiciliated or resident within the limits of this State; but all such persons shall be put upon the same footing, and shall have no other or greater rights than are possessed by residents and citizens of the State. tends. [Passed Senate, January 1, 1847. Passed the House of Representatives, January 5, 1847. Approved, January 6, 1847.] CHAPTER 83--[No. 13.] AN ACT concerning Grand and Petit Jurors. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the Sheriffs in each and every county within this State, shall obtain biHow list to be ennially, a list of all the house-holders within the same, to serve as prepared. jurors taken from the tax list, or which may otherwise come to his knowledge; and it shall also be the duty of the County Commissioners in each and every county, at their first meeting after such list shall have been returned, to examine the list so returned by the Sheriff, and add to it such name or names as each of them may know of, subject to serve as jurors; and it shall be the duty of said board of County Commissioners to select from the list aforesaid, the names of such persons as may be adjudged competent to discharge the duties of Grand and Petit Jurors with honesty, impartiality and intelligence. Qualification. SEC. 2. Be it further enacted, That the board of County Commissioners in making selection as aforesaid, shall select such persons only as they know, or have good reason to believe are possessed of the qualifications aforesaid, and are esteemed in the community for their integrity, fair character, and sound judgment. SEC. 3. Be it further enacted, That no person under the age of Who exempt. twenty-one years, or above the age of sixty, nor any person continually sick, nor any habitual drunkard, shall be summoned on the jury. Duty of Judge of Probate. Duty of Clerk. SEC. 4. Be it further enacted, That it shall be the duty of the Judge of Probate, so soon as the list of jurors is completed, agreeable to the provisions of this act, to furnish the Clerk of the Circuit Court with the list, and shall bi-ennially thereafter, as soon as may be after the said list has been examined and corrected, furnish the said Clerk of the Circuit court with a list of those added to, or taken from the old list. SEC. 5. Be it further enacted, That the Clerks of the Circuit courts in the several counties in this State, shall write the names of 1846. the persons returned to them as qualified to serve as jurors, which SEC. 6. Be it further enacted, That it shall be the duty of the sum- SEC. 7. Be it further enacted, That the Clerk of each Circuit of to be Summon and return. court shall, when each name of a juror is drawn from one box, put How names of Grand Jury. SEC. 8. Be it further enacted, That it shall be the duty of the Sheriff, as soon as the court is open, to call aloud at the door of the Court House, the whole of the jurors summoned to attend; and the names of all that are present shall be taken down by the Clerk of the court, on slips of paper of equal size, and put into a hat or box, Petit Jury. and the fifteen first drawn shall compose the Grand Jury, and the balance remaining undrawn shall be the Petit Jury. to SEC. 9. Be it further enacted, That if there should be a failure Failure to summon jurors, the court may direct a venire facias to issue, re- summon jurors turnable immediately, and shall direct the summoning of thirty-nine jurors, who shall be chosen as aforesaid; the first fifteen selected to -serve as Grand Jurors and the remainder as Petit Jurors. for as SEC. 10. Be it further enacted, That every person who shall fail Penalty to attend when lawfully summoned to appear as a Grand or Petit failure to obey Juror as aforesaid, without having a reasonable excuse, shall be con- summons sidered as guilty of a contempt, and shall be fined by the courts juror. respectively, in any sum not less than five nor more than fifty dollars, for the use of the State, unless good cause be shown for such de. fault at or before the next term of such court, at which or any subsequent term, the court shall proceed to assess said fine, unless the person or persons so summoned and failing to attend as aforesaid, shall Oath of delinappear and show good cause for such delinquency: Provided, That the oath or affirmation of any such delinquent shall at all times be received as competent evidence in his favor. quent. Court SEC. 11. Be it further enacted That the court may discharge a Who person from serving as a juror who does not possess the requisite may discharge qualifications, or who is exempt or disqualified for such service, or for any reasonable and proper cause, to be judged of by the court. SEC. 12. Be it further enacted, That when by reason of challenges, or otherwise, a sufficient number of jurors, duly drawn and summoned, cannot be obtained for the trial of any cause, civil or criminal, or for the execution of a writ of enquiry, the court shall cause jurors to be summoned from the by-standers, or from the coun Talisman. 28 CHAP. 83-84. Jurors. Corporations-Law respecting. 1846. Custody boxes. ty at large, to complete the panel, who shall possess the same qualications as prescribed in the provisions of this act. of SEC. 13. Be it further enacted, That the boxes required to be provided by the several Clerks of the Circuit courts, for the safe keeping of ballots containing the names of jurors as aforesaid, shall be secured with sufficient locks, to which no person but the respecHow paid for. tive Clerks shall have access, and such locks, together with the boxes, shall be paid for by the county Treasurer. Repeal. SEC. 14. Be it further enacted, That all laws now in force in this State, inconsistent with the provisions of this act, be and the same are hereby repealed. [Passed the Senate, January 6, 1847. Passed the House of Representatives, January 6, 1847. Approved, January 6, 1847.] How to pro porate. CHAPTER 84.-[No. 14.] General Law in respect to Corporations. DIVISION I. TOWNS. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That whenever the white male residents of lawful age, of any town in this ceed to incor- State, having not less than one hundred inhabitants, shall wish to be incorporated, for the better regulation of their internal police, it shall be lawful for the said residents who may have resided six months therein, or who shall be the owner of any freehold property therein, to assemble themselves together in public meeting, at the court house or other place in said town, and when so assembled, they may proceed to choose a President and Clerk of the meeting from among their number, both of whom shall be sworn or affirmed by any person authorised to administer oaths, faithfully to discharge the trust reposed in them as President and Clerk of said meeting: Provided, however, That at least ten days notice of the time and place of holding such meeting, shall have been previously given, by advertising in some newspaper of the town, or by setting up written notices, in at least three of the most public places in such town. Notice meeting. of SEC. 2. Be it further enacted, The residents aforesaid of any town, having assembled as directed in the first section of this division, may proceed to decide by vote viva voce, whether they will be incorporated or not; and the President or Clerk after their votes are given in, shall certify under their hands, the number of votes in favor of being incorporated, and the number against being incorporated; and if it shall appear that a majority of the voters present are in favor of being incorporated, the President and Clerk shall deliver a certif. icate of the state of the polls to the board of trustees, to be elected as hereinafter provided. SEC. 3. Be it further enacted, Whenever the qualified voters of any town shall have decided in the manner herein provided, that they wish to be incorporated, it shall be the duty of the Clerk of the 1846: meeting at which they may so decide, to give at least five days previous public notice to the said voters, to assemble at the court house Trustees, how or some other public place in such town, on a day to be named in elected. such notice, to elect by ballot vote, five residents and freeholders of such town for trustees of the same, who shall hold their offices for Term of office. one year, and until other trustees are chosen and qualified; at which first election, the President and Clerk of the first meeting shall preside; or in case of the absence of either of them, some suitable person shall be appointed by the electors present to fill such vacancy; side at election and at every succeeding election for President and trustees, the pre- of. ceding board of trustees shall direct the manner in which the same shall be conducted. Who to pre ;" May sue and be sued. SEC. 4. Be it further enacted, The board of trustees of any town elected agreeably to the provisions of this division, shall choose a President out of their own body; and the president and trustees President. aforesaid, and their successors in office, shall thenceforth be consid. ered in law and equity, a body corporate and politic, by the name and style of "the President and Trustees of the town of and by such name and style shall be forever able and capable in law and equity to sue and be sued, and to plead and be impleaded, to answer and be answered unto, defend, and be defended, in all manner of suits, actions, plaints, pleas, causes, matters, and demands, of whatever kind or nature they may be, in as full and effectual a manner, as any person or persons, bodies corporate or politic, can or may do; may have a common seal, and may alter the same at pleasure; the said president or trustees shall require their clerk to keep a fair jour- Journal nal and record of all their proceedings, and record all by-laws and record of byordinances which they may make, in a book to be provided for that purpose. and Seal. and laws and ordi nances. sident & Trus tees. SEC. 5. Be it further enacted, The President and trustees, or a majority of them, of any town incorporated as herein directed, shall have power to make, ordain and establish, and execute such ordinances in writing, not inconsistent with the laws or the constitution Powers of Preof this State, as they shall deem necessary to prevent and remove nuisances, to restrain and prohibit gambling, or other disorderly conduct, and to prevent the running of and indecent exhibitions of horses within the bounds of such town; to provide for licensing public shows, bars and restaurauts, billiard tables and nine or ten pin alleys; to regulate and establish markets; to sink and keep in repair public wells; to keep open and in repair the streets and alleys of such town by making pavements or side walks, as to them may seem needful : Provided, always, That the lot in front of which any side walk is made, shall be taxed to pay at least one half of the expenses of mak. Side walks. ing such side walk. The said president and trustees shall also have power to provide such means as they may deem necessary to protect such town from injuries by fires. And for the purpose of carrying Boundaries of the aforesaid powers into effect, the said president and trustees shall have power to define the boundaries of said town: Provided, That the same shall not exceed one mile square; and to levy and collect Taxes. Fines. 1846. annually a tax on all the real estate in such town, not exceeding fifty cents on every hundred dollars of assessment valuation thereof. Duty & powSEC. 6. Be it further enacted, It shall be the duty of the said ers of, to keep president and trustees to cause all the streets and alleys of such town, streets in re- and all the public roads passing from and through such town for one pair. mile from the centre thereof, to be kept in good repair; and to this end, they are authorised to require every male resident of such town, over the age of eighteen and under forty-five years, to labor in said streets, alleys and roads, not more than eight days in each and every year-and if such labor shall be insufficient, to appropriate so much of the tax levied on real estate as may be necessary to keep the said streets, alleys and roads in repair; and also to appoint, and prescribe the duty of all such officers for such town as they may deem necesMay appoint sary to carry into effect the foregoing powers. The collectors of officers for the the corporation tax and the treasurer shall severally give bond, made payable to the president and trustees and their successors in office, with good and sufficient securities, in such sum as may by said pre. sident and trustees be deemed advisable, and a clause shall be inserted, that if at any time additional security be required, the same shall be given the conditions of which bonds shall be, that the officer shall faithfully perform the duties of his office; and said officers shall Term of office. remain in office one year, (unless sooner removed,) and until others shall be appointed and shall have given bonds. town. Bonds of. of President & Trustees. Notice of new election. SEC. 7. Be it further enacted, The said trustees and president, Term of office elected under this division, shall continue in office one year, and until their successors shall be elected and qualified; and it shall be their duty before their time expires, to give at least ten days public notice to the qualified voters under this division, to meet at such place as they may name in such town, and elect a new board of president and trustees for such town; and all vacancies which may happen in such board by resignation or otherwise, before their term of office expires shall be filled by the other members of the said board. The proceedings of said board shall always be public-and all their ordinances before taking effect, shall be posted for the space of ten days in three of the most public places in such town. A majority of said board shall constitute a quorum. Vacancies. Quorum. rent. SEC. 8. Be it further enacted, All monies arising from the collec How moneys tion of taxes, fines, penalties and forfeitures, shall be appropriated by appropriated. said president and trustees towards the erecting, improving and reg. ulating those objects which are placed under their control and jurisdiction, and to none others; and it shall be their duty to have an Account cur- account current of the fiscal concerns of the corporation so kept, as will at all times show the true situation of the same to such as may desire to inspect the same: And the said president and trustees shall have full power to enforce their ordinances by authorising the person or persons, by them appointed to collect any tax imposed in pursuance of this division, to collect the same by distress and sale of goods and chattels of the person chargeable with the same, on giving at least thirty days public notice of the time and place of such sale; and if no goods and chattels of the person chargeable with said tax, Distress sale. and |