1848.

Repeal.

ment, fifty cents; administering each oath, ten cents; attending at a demand, tender, or deposit, fifty cents; notary protests of a captain of a vessel, one dollar; extending same, for each one hundred words, twenty-five cents; registering foreign protested bill or protest, fifty cents. Each certificate, with seal thereto, fifty cents; each order for survey, fifty cents; copying any paper necessary to be copied, for every one hundred words, fifteen cents.

SEC. 2. Be it further enacted, That so much of the first section of the act, to which this is an amendment, as conflicts with the provisions of this act, be and the same is hereby repealed.

[Passed the House of Representatives, December 11, 1849. Passed the Senate, January 6, 1849. Approved by the Governor, January 12, 1849.]

CHAPTER 227.-[No. 19.]

AN ACT in relation to the issuing of commissions to certain public officers.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That, Commission to hereafter, no commission shall be issued by the Governor of this issue after ex-State to any person who is by law required to give bond, before he ecuting bond, &c. shall enter upon the duties of his office, until after such bond shall have been duly executed, approved, and filed in the office where it is required by law to be deposited, and official notice thereof given to the Governor.

[Passed the Senate, January 11, 1849. Passed House of Representatives, January 12, 1849. Approved by the Governor, January 13, 1849.]

CHAPTER 228.-No. 20.

AN ACT relating to manufacturing companies.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That, hereafter, no tax shall be assessed upon any share in manufacturing Shares in manufactu'g cos. Companies, whether incorporated or otherwise, and no tax shall be assessed upon the capital stock of such companies: Provided, That slaves and other property now liable to taxation, (shares and capital stock in such companies excepted,) shall not be exempt therefrom by the provisions of this act.

&c.

Repeal.

SEC. 2. Be it further enacted, That all laws inconsistent with the provisions of this act be, and are hereby, repealed.

[Passed the Senate, December 30, 1848. Passed House of Representatives, January 3, 1849. Approved by the Governor, January 6, 1849.]

CHAPTER 229.-[No. 21.]

1848.

AN ACT to provide for the establishment of Common Schools in this State.

ARTICLE I.

SECTION 1. Be it enacted by the Senate and House of Represen

tatives of the State of Florida in General Assembly convened, That Interest of mothe interest of the money arising from the sale of the sixteenth sec- ney from sale tions, and of all other money which has been appropriated to the of 16th sec'ns. support of common or public schools, shall be distributed amongst

schools.

the several counties in the State in the manner hereinafter provided. SEC. 2. Be it further enacted, That the Register of Public Lands Superintend't shall be, by virtue of his office, superintendent of schools for the State. of schools. SEC. 3. Be it further enacted, That it shall be his duty, first: to make an annual report to the Governor, to be laid by him before the General Assembly, containing a statement of the condition of the schools of the State, the situation and expenditure of school moneys, Duty of Suplans for the management and improvement of the common school perintend❜t of fund, and for ameliorating the condition of the common schools; an exhibit showing the number of children in each school district between the ages of five and eighteen years, attending school in each district, and the number of schools in each county according to the reports made to him by the several county superintendents throughout the State; and also, all such other matters relating to his office, as he may deem expedient to communicate. Secondly, He shall annually apportion the school moneys to be distributed amongst the several counties of the State, which apportionment shall be made to the several counties in proportion to the number of white children between the ages of five and eighteen years, attending school in each county. Third, He shall certify each apportionment made by him to the Comptroller, and shall give immediate notice thereof to the county superintendent in each county, stating the amount of moneys apportioned to his county, and the time when the same will be payable to him. Fourth, He shall cause printed forms and instructions, on all matters relating to the school system, to be transmitted to the several counties, as he shall deem requisite; and also, furnish each school district with a copy of this act, and of all alterations in the same which may hereafter be made. Fifth, He shall hear and decide appeals, as hereinafter provided. Sixth, He shall perform such other duties as may, from time to time, be required by law of him. SEC. 4. Be it further enacted, That all reasonable expenses in- Expenses paid curred by him, in the execution of his duties, shall, upon due proof, be allowed to him by the Comptroller, and be paid out of the Treasury: Provided, Said expenses do not exceed the sum of three hundred dollars.

ARTICLE II.

"out of the trea

sury.

SEC. 1. Be it further enacted, That the Judges of Probates shall Judges of Probe, by virtue of their office, superintendents of schools for their seve- bates.

ral counties.

1848.

SEC. 2. Be it further enacted, That the sum annually to be distributed for the support of common schools, shall be paid on the first Sum to be dis- day of September in every year, on the warrant of the Comptroller tributed annu- to the county superintendent of the several counties, who shall apply ally. for and receive the school moneys apportioned to their respective counties as soon as the same becomes payable.

SEC. 3. Be it further enacted, That the county superintendent shall lay before the next meeting of the board of county commissionNotice of am't ers in their respective counties, notice of the amount so apportioned apportioned. to said counties; and it shall be the duty of the board of county comDuty of com- missioners, at such meeting, and annually thereafter, to add to the

missioners.

sums to be raised in said county, for other county purposes, a sum which in their judgment, they may deem proper : Provided, Said sum shall not exceed double the amount of school moneys which shall have been apportioned to such county; which moneys, so added together, with the fees of the collector, shall be levied and collected in the same manner as other moneys directed to be raised in the county.

SEC. 4. Be it further enacted, That the commissioners shall reCollector of quire the collector of each county by their warrant to him, to pay each county. whatever moneys are collected, (retaining his fees for collection,) to the county superintendent in each county, whose receipt shall be sufficient evidence of such payment.

SEC. 5. Be it further enacted, That it shall be the duty of the Duties of c'nty County superintendent: First, within thirty days from the time of besuperintend❜ts ing notified of the amount of school money apportioned to his county,

to file with the clerk of the Circuit Court a bond, with one or more sufficient sureties, to be approved by the said clerk, in a penalty double the amount of school money which his county will probably receive from all sources during the current year, conditioned for the faithful application and legal disbursement of all the school money coming to his hands; and in case such bond shall not be executed and filed as aforesaid within the time specified, the office shall be deemed vacant; the board of county commissioners shall fix the amount for which the first bond shall be given by the county superintendent under this act. Second, to divide his county into a convenient number of school districts; a neighborhood lying in two or more different counties may be formed into one district by the county superintendent of several counties in which such district is to be established; and they shall have power to regulate and alter the same; every district so formed shall be deemed to be in the counties in which the school-house may be situated, for the purpose of making reports and the visitations of the county superintendent, the moneys to which the same shall be entitled shall be paid over respectively by each county superintendent. Third, it shall be the duty of the county superintendent to describe and number the school districts, and to deliver the description and number thereof in writing to the clerk of the Circuit Court of the county, to be recorded in his office immediately after the

formation or alteration thereof, to apply and receive from the State Treasurer, and from the collector of the county, all school moneys for his county, as soon as the same become payable or be collected, to apportion the school money received by him on or before the first Monday in April of each and every year, among the several school districts within his county, in proportion to the number of children attending school in each, over the age of five and under the age of eighteen years, as the same shall have appeared from the last annual report of their respective Trustees: Provided, nevertheless, That the first distribution of said moneys shall be made according to the best information in the power of said county superintendent, to sue for and collect by name of office, all penalties imposed upon officers of districts, or otherwise appropriated to school purposes, and add the same when recovered, to the school fund.*

SEC. 6. Be it further enacted, That in making the apportionment of moneys among the several school districts, no share shall be allot

1848.

ted to any district or part of district from which no such sufficient an- No share to be nual report shall have been received for the year ending the last day allotted to cerof December, immediately preceding such apportionment, nor where tain districts. trustees have failed to be elected, or where no school-house, room or place is provided, or where the said trustees shall have failed to make allotment and assessment for school rates as hereinaf

the necessary ter provided.

SEC. 7. Be it further enacted, That it shall be the duty of the county superintendent of each county, between the first day of July and the first day of October in each year, to make out and transmit to the State superintendent, a report in writing, bearing date on the first day of July, and stating, first, the whole number of school districts set off within his county; second, the districts which shall have made their annual return to him within the year; third, the length of time that a school has been kept in each district, and whether male or female teachers were employed; fourth, the number of children taught in each; fifth, the number of children over the age of five and under the age of eighteen years residing in each; sixth, the amount of public moneys allotted each of said districts, as, also, the amount of moneys received by him from all sources, and how expended. SEC. 8. Be it further enacted, That the county superintendent of each county shall keep a true and just account of the moneys receiv. ed and expended by him, and lay the same before the board of county commissioners at their next meeting after the first day of July in each year; and at the expiration of his term of office shall pay over all moneys in his hands to his successor in office, who is authorized to sue for the same by his name of office, and recover the same with twenty-five per cent. damages for the detention of the same, to be added to the amount recovered.

SEC. 9. Be it further enacted, That the county superintendents *NOTE.-There is manifestly a mistake in the enrolled bill, as the latter part of this proviso has no meaning.

County su

perintend❜t to make report.

Acc't of moneys to be k'pt

of teachers.

1848. of the respective counties shall be inspectors of common schools for their said counties, and shall examine all persons offering Examination themselves as candidates for teaching common schools in such county-and if satisfied of the qualifications of the candidate in respect to moral character, learning, and ability, shall give such candidate a certificate thereof, and shall have power to annul such certificate for sufficient cause at any subsequent time.

Visitors of schools.

Contract with and employm❜t of teachers.

⚫ Superint❜nd'nt refusing to report.

Pay of superintendent.

Ref❜l of Judge of Probates.

SEC. 10. Be it further enacted, That it shall be the duty of the county superintendent to visit each common school within his county, at least once a year, and endeavor to promote an interest in the cause of education in parents, teachers, and pupils.

SEC. 11. Be it further enacted, That it shall be the duty of the county superintendent, upon the request in writing of any two trustees of any school district, to contract with and employ a teacher for such district, to fix the rate of wages, and to pay the wages of such teacher when due out of the fund apportioned to such district; and should the sum apportioned to such district be insufficient to pay the full amount of the same, he shall certify to the trustees of the said district the amount of the balance to be raised by the district, in the manner hereinafter provided.

SEC. 12. Be it further enacted, That, if any county superintendent shall refuse to make the report to the State Superintendent, as herein required of him, and in consequence thereof his county shall lose its proper portion of the school moneys for any year, or shall refuse or neglect to apply for, apportion, and pay over such moneys, as herein required of him, such person shall be liable to each school district for its proper proportion of such school moneys, and in addition thereto, a penalty of twenty-five dollars, to be sued for in an action of debt or assumpsit, in the name of the trustees, before any court having jurisdiction thereof.

SEC. 13. Be it further enacted, That the county commissioners shall allow to the county superintendent a remuneration sufficient to cover the expenses necessarily incurred in the discharge of the duties of his office, and such other remuneration as they may think reasonable and proper, and paid as other county expenses.

SEC. 14. Be it further enacted, That should the Judge of Probate refuse to perform the duties required of him by this act, the county commissioners may elect or appoint a person to perform said duties; the person elected or appointed, to give the same bond as is herein required of Judge of Probate, and to receive the same remuneration as would be allowed the Judge of Probate.

ARTICLE III.

SEC. 1. Be it further enacted, That, whenever any school district shall be established in any county by the county superintendent, and Inhabitants to whenever, from any cause, a school district shall be without trustees, it shall be his duty to appoint a time and place for the meeting of the inhabitants of such district, to elect trustees and other officers, and

elect trustees.