1911 Enforce Sec. 6. The liens created under the provisions of this Act may be enforced by an ordinary suit at law, or as is now or may hereafter be provided by law for the enforce- ment of lien. ment of liens. fees. Sec. 7. Judgments rendered and entered under the Attorney provisions of this Act shall include a reasonable allowance for attorney's fees. Sec. 8. This Act shall become effective upon its passage and approval by the Governor, or upon becoming a law without his approval. Approved May 17, 1911. CHAPTER 6234-(No. 115). AN ACT to Require That All Railroad Locomotives Op- Section 1. That on and after October 1st, 1911, all railroad locomotives operated in this State in the service of drawing passenger or freight trains shall be equipped with a first class headlight of not less than two thousand and five hundred candlepower which headlight shall be kept in good condition and used by those operating such railroad locomotives. That any person, firm or corporation who shall fail to so equip their or its locomotives used in drawing passenger or freight trains, as herein required, or shall operate and use a locomotive in drawing passenger or freight trains not equipped with a headlight as required by this Act; shall be guilty of a misdemeanor and shall upon trial and conviction be fined not more than one thousand dollars or imprisoned not exceeding twelve months. Sec. 2. That all laws or parts of laws in conflict herewith be, and the same are hereby, repealed. Approved May 23, 1911. 1911 Broker to report account of sales. Evidence of business. Fine. Broker liable for damages if return is not made. Damages. CHAPTER 6235-(No. 116). AN ACT Regulating the Business of Fruit or Produce Section 1. Any person, firm or corporation doing in this State the business of fruit or produce broker or commission merchant receiving pineapples in car lots or less grown in this State for shipment or consignment shall make return of an account sales showing the cost and expenses charged against the returns, together with the name and address of the purchaser within ten days of the sale. Sec. 2. Any person, firm or corporation maintaining an office or soliciting personally or by agent such business in this State shall be presumed to be doing such business in this State. Sec. 3. Any person, firm or corporation, agent or servant of such person, firm or corporation failing to comply with the provisions of this Act shall be fined not to exceed five hundred dollars. Sec. 4. Any person, firm or corporation doing the business of fruit or produce broker or commission merchant receiving pineapples in car lots or less grown in this State for shipment or consignment end who have not returned an account sales showing the cost and expenses charged against the returns also the name and address of the pur chaser within ten days of the sale shall be liable in damages for any loss by reason of delayed account sales. The loss a shipper or consignor may sustain on cars of pineapples consigned to the said person, firm or corporation over what he could have obtained in other markets or by other agencies, shall be considered a proximate damage from the delayed account sales. The measure of damages of damages. shall be the difference between the prevailing price in the general market at time of receipt by consignee and the Measure price received for such cars, or less, of pineapples consigned to said broker or commission merchant between the time the account sales were due and the time received. Sec. 5. In any suit for accounting against any person, firm or corporation doing the business of fruit or produce broker or commission merchant receiving pineapples in car lots or less grown in this State for shipment or consignment and who have not returned an account sales showing the cost and expenses charged against the returns with the name and address of the purchaser, within ten days of the sale, the said person, firm or corporation shall be held accountable to the shipper or consignee of said car lots, or less, of fruit for the full market price at the time of the receipt by the said person, firm or corporation of the said shipment or consignment. Sec. 6. This Act shall take effect within ten days after its passage and approval by the Governor or on its becoming a law without such approval. Approved June 3, 1911. 1911 Liability of broker in is not made. case return CHAPTER 6236-(No. 117). AN ACT to Prohibit Certain Dispositions of Citrus Be it Enacted by the Legislature of the State of Florida: Section 1. That it shall be unlawful for any one to sell, offer for sale, ship or deliver for shipment any citrus fruits which are immature or otherwise unfit for consumption, and for any one to receive any such fruits under a contract of sale, or for the purpose of sale, or of offering for sale, or for shipment or delivery for shipment. This section shall not apply to sales or contracts for sale of citrus fruits on the trees under this section; nor shall it apply to common carriers or their agents who are not interested in such fruits and who are merely receiving the same for transportation. 1911 Misbranding unlawful. Penalty. Sec. 2. It shall be unlawful for any one to misbrand any package or any wrapper containing citrus fruits; and all citrus fruits shall be deemel misbranded if the package or the wrapper shall bear any statement, design or device regarding the fruit therein contained which is false or misleading either as to the name, size, quality or brand of such fruit or as to the locality in which it was grown. Sec. 3. Whoever shall violate any of the provisions of this Act shall be punished by a fine not exceeding one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. and the fruit, whether immature or otherwise unfit for consumption or misbranded shall be subject to seizure and disposition as in the case of adulterated or misbranded foods and drugs. Approved June 5, 1911. Bonds of municipalities; how validated. CHAPTER 6237-(No. 118). AN ACT Providing How Bonds of Counties and Municipalities Shall be Validated; Prescribing the Duties of State's Attorneys and the Attorney General in Connection Therewith; Prescribing the Procedure Before Circuit Courts and Providing for an Appeal in Such Cases to the Supreme Court. Be it Enacted by the Legislature of the State of Florida: Section 1. Bonds of Counties and Municipalities, How Validated. When any county or municipality desiring to incur any bonded debt shall hold an election in accordance with the provisions of the laws of this State controlling and regulating such elections, and the returns of said election shall show prima facie that such an election is in favor of the issuance of said bonds, the officer or officers of such county or municipality charged by law with the duty of declaring the result of said election, shall notify the State's Attorney of the Judicial Circuit in which such county or municipality lies, in writing, of the fact that an election for the issuance of such bonds was held in said county or municipality, and that such an election was in favor of the issuance of such bonds, and the service of said notice shall be personal upon the State's Attorney, and in the event he is absent from the State, then it shall be served in person upon the Attorney General of the State. Sec. 2. Duties of the Attorney General of the State's Attorney. Within twenty days from the date of such service as is provided in the preceding section, the said State's Attorney or the Attorney General, as the case may be, shall prepare and file in the office of the Clerk of the Circuit Court of the county in which the election was held, a petition directed to the Circuit Court of said county, in the name of the State of Florida and against such county or municipality desiring to issue bonds under such election, setting forth the service of the notice, as provided in the preceding section, the name of the county or municipality seeking to issue said bonds, the amount of bonds to be issued, what interest they are to bear, how much principal and interest to be paid annually, when to be paid in full, and the further fact that an election was held for the issuance of said bonds and that said election is prima facie in favor of the issuance of said bonds, and shall obtain from the Judge of said court an order requiring the county or municipality, by its proper officers, to show cause at such time and place within twenty days from the filing of the petition, as the Judge of the court may direct, why the bonds should not be confirmed and validated; which petition and order shall be served in the manner now provided by law for the service of petitions upon counties and municipalities, and to such petition the officers of such county or municipality shall make sworn answers within the time prescribed herein. Prior to the hearing of said cause, the clerk of the Circuit Court of the county in which it is to be heard shall also publish in a newspaper, at least twice before the hearing, a notice to the public that on the day specified in the order providing for the hearing of said cause the same will be heard and designate the place of hearing. Sec. 3. Trial of the Case and Bill of Exceptions.Within the time prescribed in the order, the Judge of said Circuit Court shall proceed to hear and determine all of the questions of law and of fact in said cause and shall 1911 Duties of Attorney torney. Trial of the case and bill of exceptons. |