56 1846. CHAP. 99-100. Election-Returns of. Roads & Highways. CHAPTER 99.-[No. 29.] AN ACT to extend the time of making Election Returns in Monroe and Dade t SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That Further time hereafter the managers of any election in the counties of Monroe for carrying and Dade, shall have the further time of ten days in addition to the poll book and time now prescribed by law, to carry the Poll Book and certificates canvassing. of any election to the Judge of Probate's office, and that the Judge of Probate shall have in said counties the further time of twelve days in addition to the time now prescribed by law, to canvass and count the votes of any election returns made to him. [Passed the House of Representatives December 16, 1846. Passed Senate, December 21, 1846. Approved, December 25, 1846.] Road tax. How collected AN ACT to amend an act concerning Roads and Highways now in force in this State. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the Judge of Probate and Board of County Commissioners in Duval county, when assembled for county purposes, in the year 1847, and every year thereafter, shall have power to assess a road tax, provided the same shall, in no instance, exceed two dollars per annum, for each and every person subject to road duty. SEC. 2. Be it further enacted, That said road tax, or so much thereof as may be necessary to keep the roads and bridges within the county of Duval in repair, shall, when occasion requires it, be collected under the direction of the Road Commissioners; and the person or persons appointed to collect the same, shall receive, as Compensation compensation for his or their services, five per cent. upon the amount for collecting. by him or them collected. commuted. SEC. 3. Be it further enacted, That any person shall have the How may be right to commute his road tax by supplying laborers to work on the roads, or by his personal services as a laborer, at such amount per day as may be determined by the said Road Commissioners; and the overseers of the roads shall give certificates of the labor thus supplied, which shall be received by the collector of the road tax in licu of money. ury. To be paid into Application of What property a SEC. 5. Be it further enacted, That the property of the citizens of liable for, and said county subject to road duty, shall be liable for said tax; and the collector of the same may, upon the refusal of any person to pay his 1846. road tax, and to work on the roads, levy upon any property possessed how may be by such person in said county, or so much thereof as may be neces- sold to pay. sary, and proceed to sell the same, after giving public notice in the same manner, and under the same regulations, as are prescribed in cases for the collection of the State tax. shall be laid out. SEC. 6. Be it further enacted, That whenever a petition shall be When neighpresented to the said Judge of Probate and Board of County Commis- borhood roads sioners, signed by three householders, inhabitants of the county, praying for the establishment of a neighborhood or settlement road, from a certain place therein specified, it shall be the duty of the said Judge of Probate and Board of County Commissioners, thereupon, if the petition shall appear reasonable, to appoint not less than two Commissioners, to proceed, as soon as may be convenient, to lay out said road, and make return thereof, under their hand, to the Judge of Probate and Board of County Commissioners, noting the distance and courses, as near as practicable, of such proposed route, which return shall be filed in the office of the President of the Board of County Applicants for and others may Commissioners; and the applicants for the proposed route, together expend road with as many other persons residing within the immediate vicinity of tax on. the said route, shall be permitted by the Road Commissioners to expend their road tax upon the same. Free negroes to SEC. 7. Be it further enacted, That so much of the law now in What laws inforce in this State, in relation to Roads and Highways, as conflicts operative. with this act, shall be inoperative within the limits of Duval county. SEC. 8. Be it further enacted, That all free negroes in this State, summoned to work on any of the roads of this State, who shall neg. refusing lect or refuse to perform their road duty, shall, in addition to the pen- perform road alties now in force, in respect to default in road duty, be imprisoned duty. for a period double the time required of them for road duty, upon the return of such default made to any Justice of the Peace; the expense of their detention to be paid by the county, if the defaulter is unable pay the same. to SEC. 9. Be it further enacted, That so much of the "Act concerning Roads and Highways" as requires one of the Road Commissioners to be a Justice of the Peace, and all parts of the same inconsistent with the foregoing provisions, be repealed. [Passed House of Representatives, December 30, 1846. Passed the Senate, January 3, 1847. Approved, January 5, 1847.] Repeal. CHAPTER 101--[No. 31.] AN ACT to repeal an act therein named. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the State of Florida in General Assembly convened, That an act entitled, "an act to incorporate the town of Ochesee," passed February the third, and approved February ninth, A. D. 1832, be and the same is hereby repealed. 1846. SEC. 2. Be it further enacted, That all laws and parts of laws conflicting with this law, be and the same are hereby repealed. [Passed the House of Representatives, December 28, 1846. Passed Senate, January 1, 1847. Approved, January 4, 1847.] CHAPTER 102.-[No. 32.] AN ACT amendatory to the several acts incorporating the city of Apalachicola. SECTION 1. Be it enacted by the Senate and House of Represen tatives 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 Salary of may- Mayor of the city of Apalachicola to receive any salary, unless the City Council shall vote him a salary, in which case he shall not be allowed more than two hundred and fifty dollars per annum, and that all laws conflicting with this section, be and the same are hereby repealed. or. When office of dermen vaca SEC. 2. Be it further enacted, That in case of the absence of mayor or al- the Mayor, or any one of the Aldermen, for and during the term of three months, their said office of Mayor and Alderman shall be vacated, and a new election shall be held to fill said vacancy as is provid ed for by law in other cases. ted. A creditor not eligible. SEC. 3. Be it further enacted, That no person who may be a creditor of said City, shall be eligible to the office of Mayor or Al derman, so long as he may be such creditor; nor shall it be lawful for either the Mayor or any one of the Aldermen to become public Work done for contractors for any work to be done for said City, during the term he shall be such Mayor or Alderman. city. Taxes. Borrowing money. Repeal. SEC. 4. Be it further enacted, That said Mayor and Alderman shall not be allowed to collect a larger amount of taxes for any one year, than one quarter of one per cent. on the assessed value of real, personal, and mixed property, nor shall said property be assessed at a higher valuation than the real cash value of said property, as near as may be: Provided, That the said one quarter of one per cent. be sufficient to pay the taxes necessary to defray the current expenses of said city, and the interest on the debt due by said corporation; and that nothing in this section shall prevent the Mayor and Aldermen from levying a tax upon retailers of spirituous liquors, keepers of nine and ten pin alleys, billiard tables, and public drays within said corporation. SEC. 5. Be it further enacted, That all laws or parts of laws giving or in any wise conferring upon the Mayor and Aldermen the right to borrow money, be and the same are hereby repealed. SEC. 6. 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 Senate, December 29, 1846. Passed the House of Representatives, January 5, 1847. Approved, January 6, 1847.] CHAPTER 103.-[No. 33.] 1846. AN ACT to amend an act, entitled, an act to incorporate the City of Key SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the white inhabitants of that part of the island of Key West, com- Corporate prehended within the limits of the city of Key West, as designated name. by the plan or map of said city, now on file in the Clerk's office in the county of Monroe, (excepting that part at present, or that may hereafter be occupied by the United States for military or naval purposes) be, and the same are hereby constituted a body corporate, by the name and style of the CITY OF KEY WEST; and by said corporate name may sue and be sued, plead, and be impleaded, grant and receive donations, purchase and hold real, mixed, and personal property, and dispose of the same for the benefit of said city; and do all the acts, possess all the rights, liberties and privileges that a corporation, body politic, or natural person may do, or possess; and may have and use a corporate seal, which may be altered at plea sure. Powers. ed. SEC. 2. Be it further enacted, That the government of said city Government of shall be vested in a Common Council, consisting of a Mayor and in whom vestfour Aldermen, and such other necessary officers as the said Mayor and Aldermen may appoint, all of whom shall hold their offices, un- Term of office. less removed therefrom in the manner provided, for the term of one year, and until their successors are qualified. of SEC. 3. Be it further enacted, That the annual election for May- Election or and Aldermen shall be held on the first Monday of December of mayor and aleach year, at such places as the Common Council may appoint, and dermen. the votes shall be given by ballot. All free white male citizens of the United States, who are over twenty one years of age, who shall have resided within the limits of said city twelve months next preceding the day of election, and who shall have paid all legal taxes due said city, shall have a right to vote at elections for Mayor and Aldermen authorised by this act. Voters. SEC. 4. Be it further enacted, That it shall be the duty of the Ordering of eMayor of said city, to order an election for Mayor and Aldermen, and lection. appoint judges thereof, at least five days previous to the day designated for the annual election; and if the Mayor shall neglect to order and advertise such election, it shall be the duty of the clerk of the Common Council to do so; and in case of the neglect of the clerk, or should there be no clerk, it shall be lawful for the citizens of said city, who may be qualified to vote for members of the said Common Council, to assemble on the day above designated for the annual elections, at any convenient place in said city, appoint judges of the election, and then proceed to elect a Mayor and four Aldermen; the Mayor and Aldermen so elected, shall immediately enter upon the discharge of their official duties. If from a refusal to serve by any When another member elect, or by the occurrence of an equality of votes given, or election shall other causes, the Mayor and Aldermen, or either of them do not be held. 60 CHAP. 103. Key West Act Incorporating amended. 1846. enter upon the duties of their office, the corporation for that cause shall not become void, but another election shall take place within Returns of e- five days thereafter; and it is hereby made the duty of all judges of elections acting under this charter, to make returns in writing of the result of elections, to be deposited and recorded in the archives of the corporation. lection. Meetings. and how filled. SEC. 5. Be it further enacted, That the meetings of the said Com. mon Council shall be public, and shall be held at such places, and at such times as the majority of the Council shall think proper; the Mayor and at least two Aldermen shall constitute a quorum for the transaction of business; in case of the absence or inability of the Mayor, the Aldermen shall appoint one of their own number as President of the Council, who during said absence or inability, shall exercise all the power and authority conferred on the Mayor by this act. SEC. 6. Be it further enacted, That on the death, resignation, or Vacancy when removal from the city of any member, or in case of the absence of any member from the meetings of the Council for more than two months without leave, it shall be the duty of the Mayor or President of the Council, to order an election to fill such vacancies, within five days, in the manner prescribed in the fourth section. Powers & duSEC. 7. Be it further enacted, That it shall be the duty of the ties of mayor. Mayor of said city, to see that the ordinances of the Council are faithfully executed, to recommend for appointment all necessary city officers, and to recommend their removal, whenever by neglect or misconduct the interest of the city may require it; he shall preside at all meetings of the Council, and be entitled to the casting vote; he shall recommend such measures as he may think important to the public interest; he shall have power to convene the Council at extra sessions; shall be judge of the infractions of the city ordinances, and adjudge fines and penalties for the same. Powers & duSEC. 8. Be it further enacted, That the Common Council of said ties of Com- city shall have power and authority to prevent and remove nuisances; mon Council. to regulate and establish streets, squares, and fences in said city; to establish and regulate markets, and provide for the safe keeping of standard weights and measures; to provide safe storage for gun powder, and to encourage efficient fire companies; to regulate and fix the assize of bread; to prohibit all sorts of gambling; to license, tax, or restrain billiard tables, nine or ten pin alleys, and other public games, shows, or amusements; to license, tax, or restrain keepers of bars, grogshops, and retailers of spirituous liquors; tax hawkers and pedlers, and transient traders, retailers of dry goods, commission merchants, auctioneers, lawyers, and doctors; to appoint and license weighers, gaugers, and measurers; to appoint and regulate a strong and efficient night police; to punish or remove va grants; to establish quarantine regulations for the preservation of the health of said city, (not incompatible with the laws of the State) to tax pleasure carriages, carts and drays; to tax slaves resident in said city; to tax sales at auction; to tax real estate, to be estimated by appraisers under oath; to assess and collect a poll tax on every white |