1911 May be ordered out for active duty civil authorities. pany of land militia, and equal in the State's service, and they shall be entitled to equal rights, privileges and allowances, except as otherwise provided under this article. (a). May Be Ordered Out for Active Duty in Aid of the Civil Authorities.—The provisions of Sections 716 and in aid of the 717 of the preceding article, as to the calling out of organizations of the National Guard of Florida for duty when an invasion of or an insurrection in the State is made or threatened, or whenever there exists a riot, mob, unlawful assembly, 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. shall also apply to the ordering out of the Florida Naval Militia, or any portion thereof, for such purposes. Relative rank and pay. Pay. Subsistence. Sec. 9. That Section 748 of the General Statutes of the State of Florida be and the same is hereby amended so as to read as follows: Section 748. Relative Rank; Pay.-The rank of officers in the Naval Militia is naval rank, and its relation to the rank of officers in the Army and organized militia shall be such as prescribed in the regulations for the United States Army and Navy. The relative rank of petty officers and seamen shall be the same as for similar grades and ratings in the United States Navy. (a). Pay. When engaged in exercises afloat or par ticipating in encampments for instruction ashore, and when serving upon general courts-martial, commissioned officers shall receive three dollars per day. When ordered out for active duty under the preceding section commissioned officers shall receive the same pay as is at the time allowed by law to those holding similar grades and positions in the United States Navy. Petty officers and enlisted men, when on duty afloat, or in camps of instruction ashore, or when called out for active duty under the preceding section, shall receive the same rate of pay as is at the time allowed by law to those holding the same grades and ratings in the United States Navy. (b). Subsistence.-When engaged in exercises afloat, or participating in encampments for instruction ashore, or when called out for active duty under the preceding section, the same subsistence shall be provided for the Florida Naval Militia as is at the time allowed by law for the United States Navy. 1911 (c). Transportation.-When ordered from one point Transporto another by the Governor, or under his authority, in the tation. performance of duty, members of the Florida Naval Militia shall be provided with necessary transportation by the State. Officers and witnesses in attendance upon general courts-martial shall be allowed five cents per mile for traveling expenses, and witnesses before such courts shall be paid the same fees as are allowed by law to witnesses in attendance upon civil courts. Sec. 10. That Section 749 of the General Statutes of the State of Florida be and the same is hereby amended so as to read as follows: Section 749. Training.-The Governor is authorized to Training. apply to the Navy Department of the United States for the loan of a vessel or vessels for the use of the Florida Naval Militia, and for the detail of commissioned or petty officers of the Navy to act as inspectors or instructors. The duty of the Naval Militia may be performed afloat in the vessels of the United States, or elsewhere, as the Governor, may direct and the Governor shall have authority to order out the Florida Naval Militia, and, if necessary, to order it beyond the limits of the State for the purpose of participating in any exercises or encampment for instruction. (a). Efficiency.-The commanding officer of the Florida Naval Militia may canse those under his command to perform any proper duty, and shall be responsible to the Governor for the general efficiency of such Naval Militia, and for the drill, instruction, inspection, small arms and artillery practice, and for the proper care of public property with which such Naval Militia may be equipped. The commanding officers of organizations shall, likewise, be responsible to the commanding officer of the ships company or battalion; and all commissioned officers, petty officers and enlisted men shall be responsible to their commanding officers for prompt and unhesitating obedience, the proper performance of duty, and for the preservation and proper use of the property of the United States, of the State and of the organization which may be entrusted to them for their official use. Efficiency. 1911 Sec. 11. All laws or parts of laws in conflict herewith are hereby repealed. Sec. 12. This Act shall become effective immediately upon its passage and approval by the Governor. Approved May 30, 1911. Provide posit for waste and CHAPTER 6202-(No. 83). AN ACT Requiring Persons, Firms or Corporations Be it Enacted by the Legislature of the State of Florida: Section 1. That any person, firm or corporation, enplaces of de- gaged in the business of mining any mineral or subterranean product in this State, shall provide necessary places of deposit for the waste and debris of any mine or mines operated by such person, firm or corporation. debris from mines. Due diligence to prevent waste and debris. When aff Sec. 2. That such person, firm or corporation shall use due diligence to prevent the escape of all waste and debris from any mine or mines, operated by such person, firm or corporation, into the streams and rivers of this State, but the escape of water only slightly discolored shall not be construed as the escape of waste and debris, nor shall the washing away of waste or debris due to excessive rains or floods, which are beyond the control of persons, firms or corporations operating such mine or mines by the exercise of due diligence, be within the meaning of this Act. Sec. 3. Upon the presentation to the Board of County davit of citi- Commissioners of any county in this State of an affidavit, signed by at least ten citizens, owning property in such county, which affidavit shall allege that some person or persons, firm or firms, corporation or corporations con zens presented to County Commissioners, suit to be instituted. ducting mining operations in this State, giving the name or names thereof, are not using due diligence to prevent the escape of waste or debris from any mine or mines, operated by such person or persons, firm or firms, corporation or corporations, into any stream or river of this State, and that such waste or debris is escaping into a stream or river in the county in which the affiants reside, but no prosecution for perjury shall be had on such affidavit, then it shall be the duty of the Board of County Commissioners to immediately institute suit in the name of such county to enjoin such person or persons, firm or firms, corporation or corporations from allowing such waste or debris to escape, and the joinder of any number of persons, firms, or corporations, as defendants shall be no grounds of objections, to the suit, and may join parties defendants not named in the affidavit if necessary. Sec. 4. Such cause of action shall be considered to arise in the county wherein the affidavit shall be presented to the Board of County Commissioners, and suit shall be commenced therein regardless of where the mine or mines from which the waste or debris is escaping are located. Sec. 5. In the event the regular Attorney of the Board of County Commissioners, represents any person, firm or corporation engaged in mining in this State, it shall be the duty of the State Attorney of the circuit in which the county bringing the suit is situated, to conduct the suit, and if the injunction shall be granted, the county shall recover from the defendant or defendants such reasonable attorney's fee as shall be allowed by the court, which shall be paid to the attorney conducting the suit, in addition to the compensation regularly paid him. Sec. 6. This Act shall go into effect the first day of January, A. D. 1912. Approved June 3, 1911. 1911 Cause of acty where af tion in coun fidavit presented. Duty of ney. 1911 Quality of condensed milk. Standard of milk. CHAPTER 6203—(No. 84). AN ACT to Define the Quality of and Fix the Standards of Sweetened Condensed Milk; and Evaporated (Unsweetened) Condensed Milk; to Prevent the Sale or Exchange of Impure, or Skimmed Condensed or Evaporated Milk, and to Provide a Penalty Therefor. Be it Enacted by the Legislature of the State of Florida: Section 1. No sweetened condensed; or evaporated (unsweetened) condensed milk shall be manufactured, sold, or exchanged, or offered, or exposed for sale or exchange, in the State of Florida, unless the same be manufactured from, or out of pure, clean, healthy fresh, unadulterated, and wholesome milk, from which the cream has not been removed either in whole or in part, and that does not contain the amount of milk solids, and milk fat as herein provided. Sec. 2. The standard for sweetened condensed milk condensed shall be as follows: Sweetened condensed milk is milk from which a considerable portion of the water has been evaporated, and to which sugar (sucrose) has been added, and which contains not less than 28 per cent of milk solids and not less than 7.7 per cent of milk fat. Misdemeanor. Penalty. The standard for evaporated (unsweetened) condensed milk shall be as follows: Evaporated milk is milk from which a considerable portion of the water has been evaporated; and contains not less than 24 per cent of milk solids and not less than 7.8 per cent of milk fat. Sec. 3. Any person, or persons, firm or corporation, selling, or offering for sale, or exchange any evaporated condensed milk, either sweetened or unsweetened, containing less milk solids, or milk fat, as fixed by the standards in Section 2 of this law shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $100.00, nor imprisoned not more than three months. Sec. 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved June 3, 1911. |