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1911

Price of books paid in advance.

Commission may make regulations.

patrons, or the Contractor shall be permitted to make
arrangements with merchants, or others, for the handling
and distribution of the books, and parties living in the
country where no agency has been established, or no ar-
rangements made for distribution, may order the same
from one of the Contractors, and it shall be the duty of
the Contractor or contractors, to deliver any book, or
books, so ordered to the person ordering, to his post office
address, freight, express, postage, or other charges, pre-
paid, at the retail contract price; Provided, The price of
the book, or books, so ordered shall be paid in advance.
All books shall be sold to the consumer at the retail con-
tract price, and on each book shall be printed the follow-
ing: "The price fixed hereon is fixed by State contract,
and any deviation therefrom shall be reported to your
County Superintendent of Public Instruction, or the State
Superintendent at Tallahassee." And it is expressly pro-
vided that should any party contracting to furnish books,
as provided for in this Act, fail to furnish them, or other-
wise breach his contract, in addition to the right of the
State to sue on the bond herein before required, the Chair-
man of the County Board of Public Instruction may sue
in the name of the State of Florida, in the courts of the
State of Florida having jurisdiction, and recover on the
bond given by the Contractor the full value of the books
so failed to be furnished, for the use and benefit of the
school fund of the County; Provided, That in all cases
services of process may be had and deemed sufficient on
any agent of the Contractor in the County, or if no agent
is in the County, then service on any depositors, and this
service shall be, and stand in the place of service on the
defendant Contractor.

Sec. 14. That said Commission may, from time to time, make any necessary regulations not contrary to the provisions of this Act, to secure the prompt and faithful performance of all contracts, and it is especially now provided that said Commission shall maintain its organization during the five years of the continuance of the contract, and after the expiration of the same to re-advertise for new bids, or proposals, as required by this Act, in the first instance, and enter into such other contracts as they may deem best for the interest of the patrons of the public schools of the State; Provided, Any contract entered into, or renewed shall be for the term

of five years.

1911

having con

tracts may

carry them

out.

The adoption of books made under the provisions of this Act, shall continue for five years; Provided, That any County which now has an existing contract may carry out said contract counties in good faith, but no new contract shall be made after the passage of this Act by any County Board of Education in this State, but County Boards of Education may, at any time after the text book Commission has selected and adopted a uniform series of books, change their contracts now in existence to the adoption made by the Text book Commission. Nothing in this Act shall be construed to prevent County Boards of Education to adopt and use High School books not mentioned in this Act. Provided further, That nothing in this Act shall be construed as effecting in any way any County in this State, which at this time is furnished free school books to its schools, except that when it may become necessary to purchase books, that the same be purchased and used as provided by this Act.

Sec. 15. That as soon as practicable after the adoption provided for in this Act, the State Superintendent shall issue a circular letter to each County Superintendent in the State, and to such others as he may desire to send it, which letter shall contain the list of books adopted, the prices, location of agencies, and method of distribution, and such other information as he may deem necessary.

State Superissue letter to County ents.

intendent to

Superintend

Sec. 16. That as soon after the passage of this Act When books as may be practicable, and the Commission shall deem introduced. advisable, the books adopted as a uniform system of text books shall be introduced and used as text-books to the exclusion of all others in all public free schools in the State; Provided, That nothing herein shall be so construed as to prevent the use of supplementary books, but such supplementary books prescribed, or adopted, under the provisions of this Act; and Provided further, That nothing in this Act shall prevent the teaching in any school any branch higher, or more advanced, than is embraced in Section 2 of this Act, nor the use of any book upon such higher branch of study; Provided, That such higher branch shall not be taught to the exclusion of the branches mentioned and set out in Section 2 of this Act.

1911

How books procured.

Teachers

to not use other books.

Dealers, Price of books.

Commission

to serve without compensation.

Sec. 17. That nothing herein shall be construed to prevent or prohibit the patrons of the Public schools throughout the State from procuring books in the usual way, in case no contract shall be made, or the contractor fails or refuses, to furnish the books provided for in this Act at the time required for the use in the respective schools.

Sec. 18. That any teacher who shall willfully use, or permit to be used in his or her school, any text-book upon the branches embraced in this Act, where the Commission has adopted a book upon that branch, other than the one so adopted, the County Board of Public Instruction shall discharge and cancel the certificate of said teacher; Provided, That they may use, or permit to be used, such book, or books, as may now be owned by the pupils of the schools, until such books are worn out, not exceeding one year from date of adoption.

Sec. 19. That any dealer, clerk, or agent who shall sell any book for a greater price than the contract price shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $50.

Sec. 20. That said text-book Commission shall serve without compensation, and the members of the sub-commission actually serving shall be paid a per diem of four dollars per day during the time that they are actually en gaged not to exceed thirty days, and in addition shall be repaid all money actually expended by them in the payment of necessary expenses, to be paid out of the public school fund, and they shall make out and swear to an itemized statement of such expenses.

Sec. 21. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Sec. 22. That this Act shall take effect upon its passage and approval by the Governor.

Approved May 23, 1911.

CHAPTER 6179-(No. 60).

AN ACT to Amend Chapter 5690 of the Laws of the State of Florida, Entitled "An Act to Amend Section 3556 of the General Statutes of the State of Florida, Relative to the Sale of Liquors in Counties or Precincts Voting Against Such Sales," and to Amend Section 3448 of the General Statutes of the State of Florida, Relating to Selling Liquors Without a License.

Be it Enacted by the Legislature of the State of Florida:

Section 1. That Section 3556 of the General Statutes of the State of Florida, relating to the sale of liquors in counties and precincts voting against such sale, be and the same is hereby amended so as to read as follows:

Sec. 3556. Selling Liquors in Counties and Precincts Voting Against Such Sale.-Whoever sells or causes to be sold any spirituous, vinous or malt liquors in any county or precinct which has voted against the sale of such liquors, under the provisions of Article XIX of the Constitution of the State of Florida, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $500.00, or by imprisonment not exceeding six months, or by both such fine and imprisonment as in the discretion of the court.

Sec. 2. That Section 3448 of the General Statutes of the State of Florida, relating to selling liquor without a license, be and the same is hereby amended so as to read as follows:

Sec. 3448. Selling Liquor Without a License.-Any person or persons, firm or association, that shall sell or cause to be sold, or keep for sale, any spirituous, vinous or malt liquors, without first paying the license required by law shall, upon conviction, be fined any sum not more than $500.00, or be imprisoned in the county jail for not more than six months, or by both such fine and imprisonment, as in the discretion of the court. Sheriffs and deputy sheriffs, collectors and deputy collectors, and any police. officer of any incorporated city or town, is authorized and empowered to enter any building where they have cause

[blocks in formation]

1911

Penalty for second of

fense.

County Judge's jurisdiction to try.

to suspect such liquors are kept for sale, without warrant and to seize same and arrest the parties so engaged.

Sec. 3. Whoever is convicted of selling or causing to be sold, any spirituous, vinous or malt liquors, in any county or precinct which has voted against the sale of such liquors, under the provisions of Article XIX of the Constitution of the State of Florida, or whenever any person or persons, firm or association is convicted of selling or causing to be sold, or keeping for sale any spirituous, vinous or malt liquors, without his paying the license required by law, having been before convicted of the like offense, shall be deemed and adjudged to be a common liquor dealer, in violation of law, and shall be punished, upon conviction, by being fined not more than $3,000.00 or by imprisonment in the State Prison not more than five years, or by both fine and imprisonment, in the discretion of the court.

Sec. 4. All offenses committed under Sections 1 and 2 of this Act shall be within the exclusive jurisdiction of the County Judge's Court, in counties where County Courts or Criminal Courts of Record have not been estab lished. Nothing in this Act shall be construed to give to Justices of the Peace jurisdiction of offenses committed under Sections 1 and 2 of this Act.

Sec. 5. This Act shall take effect upon its passage and approval by the Governor.

(Became a law without the approval of the Governor.)

CHAPTER 6180-(No. 61).

AN ACT to Amend Section 1209 (857), Chapter XV of the General Statutes of the State of Florida, Relating to Local Elections Concerning the Sale of Liquor.

Be it Enacted by the Legislature of the State of Florida:

Section 1. That Section 1209 (857) of the General Statutes of the State of Florida be amended so as to read as follows:

1209. (857) Petition, Order and Notice of Election.

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