1852. Justices of the Peace of this State, within their respective Justices' District, to lay off convenient Patrol Districts, Patrol districts and annually to make out a list of all persons subject to patrol duty, and to appoint a fit and proper person to act as Captain in each Patrol District, and to furnish each Captain with a list of all persons subject to patrol duty in his District; and the said Justices shall do and perform all such duties as are now required to be done by law of the Militia officer, in relation to patrols. SEC. 2. Be it further enacted, That where there are no Justice Peace, Justices of the Peace in any Justice's District, then and in duty of. that case, it shall be the duty of the nearest Justice of the Peace to such District, to organize a patrol for such District, in the same manner as is contemplated in the first section of this act, and the Captains of patrols appointed for such Districts shall perform their duties, and make returns according to law, to the Justice of the Peace of the District nearest them. SEC. 3. Be it further enacted, That for failure of any Failure. Justice of the Peace to perform his duty under this act, he shall be subject to indictment and fine, in a sum not exceeding the fines now imposed by law on Company officers for failure to perform patrol duty. SEC. 4. Be it further enacted, That all returns now required by law to be made to Militia officers, by Captains of Patrols, at their Company musters, shall hereafter be made to Justices of the Peace, at least twice a year, and all fines now imposed on patrols by law, shall be recoverable before Justices of the Peace, as other moneys are recoverable before them. Returns. SEC. 5. Be it further enacted, That each patrol called Compensation. out under the provisions of this act, upon producing the certificate of his Captain, made under oath, stating the time he served as a patrol, shall receive, out of the County Tresaury, such compensation as the County Commissioners of his County may allow. SEC. 6. Be it further enacted, That all laws and parts Repeal. of laws conflicting with the provisions of this act, be and the same are hereby repealed. SEC. 7. Be it further enacted, That the provisions of this act shall [not] apply to the Counties of Duval, Hamilton, Franklin and Nassau. [Passed the House of Representatives, December 16, 1852. Passed the Senate, December 23, 1852. Approved by the Governor, December 29, 1852.] Exemption. 1852. Adjourned terms. CHAPTER 534.-[No. 55.] AN ACT to authorize the Judge of the Southern Judicial Circuit of this State, to appoint and hold adjourned terms in certain cases. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General As sembly convened, That hereafter it shall and may be lawful for the Judge of the Circuit Court for the Southern Judicial Circuit of this State, to hold an adjourned term in the County of Monroe, whenever said Judge shall have been prevented from holding his Court in said County at the time prescribed by law, and it shall be the duty of said Judge in such case, to appoint a convenient day for the holding of such adjourned term in said County, whenever there shall have been a failure of the regular term. [Passed the Senate, December 29, 1852. Passed the House of Representatives, January 8, 1853. Approved by the Governor, January 8, 1853.] CHAPTER 535.-[No. 56.] AN ACT to amend An Act entitled An Act to provide for the recording of the SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the compensation to be received by Inspectors of Inspectors of Marks and Brands for performing the duties required by the act to which this is an amendinent, shall be paid by the person or persons selling cattle to any person who wishes to ship the same. Marks Brands. and Penalties, ex SEC. 2. Be it further enacted, That no Captain, Master or owner of any vessel shall be liable to the penalties of emption from. said act for taking Cattle on board of his vessel without having obtained a certificate as prescribed in said act, ifit shall be made to appear that such Captain, Master, or owner applied to the Inspector for such certificate and the same was refused. [Passed the Senate, December 27, 1852. Passed the House of Representatives, December 31, 1852. Approved by the Governor, January 5, 1853.] 1852. CHAPTER 536.-[No. 57.] AN ACT declaratory of the Laws now existing over that portion of the Peninsula of Florida in the occupany of the Seminole and other Indians. WHEREAS, That portion of the Peninsula of Florida now in the occupancy of the Seminole and other Indians, is Preamble. within the boundary of St. Lucie, Hillsborough, Monroe and Dade Counties; and whereas the Laws of this State have not been enforced in that portion of said Counties, occupied by said Indians: Therefore, SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General As- Laws in force. sembly convened, That the Laws of this State are hereby declared to be of full force and effect in that portion of the State, now in the occupancy of the Seminole and other Indians. SEC. 2. Be it further enacted, That the Judges of the Specia. charge. Circuit Courts of the Southern, and Eastern Judicial Circuits, shall give in special charge to the Grand Juries of said Counties, to enquire and true presentments make, of all crimes, and misdemeanors, committed in that portion of their respective Counties, in the occupancy of said Indians. SEC. 3. Be it further enacted, That the Sheriffs of said Power of SherCounties shall have power to call out the strength of their, iffs. and each of the respective Counties, to execute the Laws within the limits of the same. [Passed the House of Representatives, January 1, 1853. Passed the Senate, January 5, 1853. Approved by the Governor, January 8, 1853.] CHAPTER 537.-[No. 58.] AN ACT to prevent Negroes from being taken out of the State from the preseh WHEREAS, There are well grounded reasons for believing SECTION 1. Be it enacted by the Senate and House of Preamble. 1852. moval of. Representatives of the State of Florida in General Assembly convened, That it shall not be lawful for any Indian Negroes, re- Agent, Officer of the Army, or other person or persons, to remove out of the limits of this State any negro or negroes, mulatto or mulattoes, which may come in with the Indians, or be taken with them, or which are now or may be taken hereafter within the present temporary limits of the Indians, as assigned by General Worth, without first advertising the same for at least six weeks in some newspaper published at the capital of the State, fully describing said negro or negroes, mulatto or mulattoes, and producing them at Hillsborough Court House at least three weeks before the expiration of said six weeks of advertising, so that any person or persons claiming may have opportunity to institute legal proceedings, and have the title settled by Judicial decree: Provided, That this act shall not extend over the negro or negroes now accompanying the delegation of Indians from the West, or which may hereafter accompany any delegation of Indians from the West of the Mississippi for the purpose of affecting the removal of the Seminoles. Proviso. Punishment. Claim. SEC. 2. Be it further enacted, That if any person or persons shall violate this act, he or they shall be liable to indictment for a misdemeanor, and on conviction thereof shall be punished by imprisonment for at least six months, or a fine not exceeding five hundred dollars, at the discretion of the Jury, and be liable for double damages sustained by any person or persons by reason thereof. SEC. 3. Be it further enacted, That in all cases of a claim to any negro or negroes which may come in or be taken with the Indians, as mentioned in the first section of this act, the person or persons making such claim may enter the same before any Justice of the Peace of Hills borough County, who shall, within ten days from the time such claim is entered, summon a jury to try the same, and if, upon such trial, the party claiming such negro or negroes shall establish, by proper evidence, his ownership of the same, to the satisfaction of the jnry, they shall so return in their verdict, and the said Justice shall thereupon order that such negro or negroes be delivered to the person or persons claiming the same, and the Sheriff of said County shall execute the order of the said Justice in the same manner as he is authorized to execute any order, judgment, or executions issuing out of the Circuit Court. SEC. 4. Be it further enacted, That the expenses of ad 1852. vertising, and all other expenses attending the trial mentioned in the last preceding section, shall be paid by the Expenses. person or persons who shall enter a claim as the owner or owners thereof. [Passed the House of Representatives, December 10, 1852. Passed the Senate, December 23,1852. Approved by the Governor, January 3, 1853.] CHAPTER 538.-[No. 59.] AN ACT to prevent the trading with the Indians in this State. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That from and after the first day of April next, it shall not be lawful for any person or persons to sell, barter, give, loan, or in any manner furnish to any of the Indians now remaining within the limits of this State, or to any negro belonging to or residing with said Indians, any spirituous liquors, powder, lead, or any goods, wares, or merchandise of any description. Indians, unlawful trading SEC. 2. Be it further enacted, That from and after the with. first day of April next, it shall not be lawful for any person or persons to purchase from the said Indians or negroes either with cash, promises, goods, wares, or merchandise of their produce, either of skins, hides, beeswax, horses, cattle, hogs or any manufactured articles. Indictable, SEC. 3. Be it further enacted, That any person or per- Punishment sons violating the provisions of this act, shall be subject to fine not less than five hundred dollars and imprisonment not less than six months, at the discretion of the jury, and shall moreover be disqualified from exercising or holding any office of profit or trust in this State or serving as jurors. SEC. 4. Be it further enacted, That any [person or persons making] gift, sale, barter or furnishing spirituous li- when. quors, powder, lead, goods, wares and merchandise to any of the aforesaid Indians or negroes within the limits now allowed or allotted to the Indians, contrary to the true intent and meaning of this act, shall be indictable before the Circuit Court of any County of the State, as may be most convenient to the parties, under the same rules and regulations as are now provided by law in other cases: Provided, however, That the trading with Indians as contem- Proviso. plated by the provisions of the foregoing sections, shall not prevent any of the half breeds or persons descending from Indian mothers now residing among the whites, from transacting and doing all lawful matters and things with |