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1911

Construction.

Persons interfering

or control of child,

guilty of misdemeanor.

Commissioners. The County Judge shall be paid such compensation as may be fixed by the County Commis sioners, but in counties having more than fifty thousand (50,000) population by the last State or Federal census, the compensation of the County Judge shall not be less than five hundred dollars ($500.00) annually, to be paid out of the fine and forfeiture fund quarterly.

Sec. 15. This Act shall be liberally construed to the end that the objects may be carried out, to-wit: That the care, custody and discipline of a child may approximate as nearly as may be that which should be given by its parents, and in all cases where it can be properly done, the child to be placed in an approved family home, and be made a member of the family by adoption.

Sec. 16. Any person who shall interfere with the cuswith custody tody or control of any child who shall have become the ward of any court under the provisions of this Act, or who shall refuse to obey any order of any court made under the provisions hereof, or any person to whom the custody of a child is committed under the provisions hereof who shall refuse to produce such child to the court when ordered so to do, or any person who shall interfere with any Probation Officer in the discharge of his duties, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by fine not exceeding five hundred dollars ($500.00) or imprisonment not exceeding six months, or by both such fine and imprisonment.

Penalty.

Sec. 17. This Act shall take effect the first day of September, A. D. 1911.

Approved June 6, 1911.

CHAPTER 6217-(No. 98).

AN ACT to Cure Certain Informalities in the Execution of Deeds and Other Instruments Conveying or Transferring Real or Personal Property or in the Relinquishment of Dower by Married Women Prior to the First Day of April, A. D. 1911.

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

Section 1. All deeds of conveyance, bills of sale, mort

gages or other instruments of transfer of real or personal property within the limits of this State made and received bona fide and for a valuable consideration, when a consideration is essential or required by law, free from fraud, executed by any married woman whether for the purpose of conveying her separate estate or of relinquishing her dower or right of dower at any time prior to the 1st day of April, A. D. 1911, and which may be defective only in such married woman's acknowledgement, or in the offi cer's certificate of acknowledgement by an omission of either or all of the words, "Freely, voluntarily, compulsion, constraint, apprehension or fear" shall be deemed and held good and sufficient in law or equity to convey the right or interest of any such married woman attempted or intended to be conveyed under any such instrument as if the same had been made and executed according to statutory requirements, as against the maker or makers thereof and every person or persons claiming by. through or under such married woman, "Provided, there appears in such acknowledgement either one or more of said word or words of similar import." Provided further, That nothing in this Act shall affect any suit now pending in any of the Courts of this State by reason of such defecting acknowledgement, or any right or interest acquired in good faith by any party, not a party to such instrument. Sec. 2. All laws and parts of laws in conflict herewith are hereby repealed.

Sec. 3. This Act shall become effective upon its passage and approval by the Governor.

Approved May 17, 1911.

1911

Deeds of conveyance,

bills of sale, etc., executried woman.

mortgages,

ed by mar

CHAPTER 6218-(No. 99).

AN ACT to Prescribe the Criminal Jurisdiction of Jus-
tices of the Peace in Counties Having County Courts.
Be it Enacted by the Legislature of the State of Florida:

Section 1. That in counties where there are County Courts, Justices of the Peace shall have power to hold a court to try and determine all misdemeanors committed

1911

in their respective districts, punishable by fine not exceed ing one hundred dollars, or by imprisonment not exceeding three months, or by both such fine and imprisonment.

Sec. 2. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 3. This Act shall take effect immediately upon its passage and approval by the Governor.

Approved May 13, 1911.

Pay of jurors.

CHAPTER 6219—(No. 100).

AN ACT to Amend Section 1586 of the General Statutes of the State of Florida, as Amended by Chapter 5647, of the Acts of 1907, and as Further Amended by Chapter 5900, of the Acts of 1909, the Same Being Relative to the Pay of Jurors.

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

Section 1. That Section 1586 of the General Statutes of the State of Florida, as amended by Chapter 5647, of the Acts of 1907, and as further amended by Chapter 5900, of the Acts of 1909, be, and the same is hereby amended so as to read as follows:

Section 1586. Pay of Jurors.-Grand and Petit Jurors of the regular panel and jurors summoned to complete a jury after the regular panel is exhausted, in the Circuit Courts, Criminal Courts of Record and County Courts of this State, shall receive for each day of active attendance upon the court, three dollars ($3.00). Jurors summoned to the courts aforesaid to complete a jury after the regular panel is exhausted and who are not accepted and not required to serve on the jury, shall receive compensation of three dollars ($3.00) per day, and all fractional parts of a day shall be counted as a day; jurors in the courts of County Judges and Justices of the Peace, and jurors summoned upon inquest of the dead, shall be paid one dollar ($1.00) per day for each day they serve on the jury. In addition to the compensation above provided, all jurors

shall receive five (5) cents per mile for every mile necessarily traveled in going to and returning from court by the nearest practicable route. Jurors who attend on any of the days of the term when the Presiding Judge is absent, or being present, does not hold the session of the court, shall be entitled to receive the same compensation as if the court were in session.

Sec. 2. That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed.

Sec. 3. This Act shall become operative upon its passage and approval by the Governor.

Approved May 26, 1911.

1911

CHAPTER 6220-(No. 101).

AN ACT to Amend Section 1496 of the General Statutes of Florida, Relating to Instructions and Charges to Juries by the Judges of the Several Courts of the State of Florida.

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

Section 1. That Section 1496 of the General Statutes of the State of Florida, relating to instructions and charges to juries by the Judges of the several courts of the State of Florida, shall be and the same is hereby amended so that the same, when amended, shall read as follows:

Section 1496. Duty of Judge to Charge Jury.-Upon the trial of all cases at law in the several courts of this State, the Judge presiding on such trial shall charge the jury only upon the law of the case; that is upon some point or points of law arising in the trial of said cause. If, however, after all the evidence shall have been submitted on behalf of the plaintiff in any civil case, it be apparent to the Judge of the Circuit Court, County Court or Court of Record that no evidence has been submitted upon which the jury could lawfully find a verdict for the plaintiff, the Judge may then direct the jury to find a verdict for the defendant; and if, after all the evidence of all the

Judge to

charge jury law of case.

only upon

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Judge may direct ver

dict.

parties shall have been submitted, it be apparent to the Judge of the Circuit Court or County Court or Court of Record that no sufficient evidence has been submitted upon which the jury could legally find a verdict for one party, the Judge may direct the jury to find a verdict for the opposite party.

Sec. 2. That all laws and parts of laws in conflict or inconsistent with this Act are hereby repealed, and this Act shall take effect from the date of its passage and approval.

Approved June 2, 1911.

When minor charged

with offense, notice shall be given to parent, etc.

Service of notice.

CHAPTER 6221-(No. 102).

AN ACT Regulating the Trial of Minors, Not Married, in all Courts, Including Municipal Courts of this State.

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

Section 1. That from and after the passage of this Act when any minor, not married, may be charged with any offense and brought before any of the courts, including Municipal Courts, of this State, due notice of such charge prior to the trial thereof shall be given to the parents, or guardian of such minor, provided the name and address of such parent, or guardian, may be known to the court, or to the executive officers thereof. In the event that the name of such parent or guardian is not known or made known to the court or executive officer or cannot be reasonably ascertained by him, then such notice shall be given to any other relative or friend whom such minor may designate.

Sec. 2. The service of notice required by Section 1 of this Act to be given to the parent, or guardian or other person provided in Section 1 of this Act may be made as the service of summons ad respondendum is made, or in the event such parent, or guardian or other person provided in Section 1 of this Act may be beyond the jurisdiction of the court, then, and in that event, service may be made by registered mail, or by telegram, and return of such ser

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