1852.

Proviso.

Pay.

spective commands immediately, to be held in readiness, and subject to the orders of the officer commanding the Volunteer forces for the removal of the Indians: Provided, That the Governor shall not commence actual operations within the Indian boundary until the fourth day of May next, and not until he is satisfied that the General Government has determined not to remove said Indians by force, or otherwise: Provided, further, That if actual hostilities shall be commenced by the Indians before that time, then the foregoing proviso, shall be of no force or effect.

SEC. 12. Be it further enacted, That the Troops, and officers raised under the provisions of this Act, shall not be entitled to, nor receive pay from the State, until they have received orders to march into the Indian Territory for the protection and defence of the same.

[Passed the Senate, January 11, 1853. Passed the House of Representatives, Jannary 12, 1853. Returned by the Governor with his Veto. Reconsidered in both Houses, and passed, by the requisite Constitutional majority.

CHAPTER 556.-[No. 77.]

AN ACT to amend an act in relation to the appointment of Commissioners and
Overseers of Roads.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General As Term of office. sembly convened, That hereafter all Commissioners and Overseers of Roads shall hold their offices for one year, and until their successors are appointed and qualified, instead of two years.

Repeal.

Repeal.

SEC. 2. Be it further enacted, That so much of the law in relation to the appointment of Commissioners and Overseers of Roads as entitle them to hold their offices for two years, be and the same is hereby repealed.

[Passed the House of Representatives, December 24, 1852. Passed the Senate, December 28, 1852. Approved by the Governor, December 31, 1852.]

CHAPTER 557.-[No. 78.]

AN ACT to repeal an act in relation to Pilotage for the Port of Key West. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That an act intitled an act in relation to

1852.

Pilotage for the Port of Key West, approved December 23d, 1850, be and the same is hereby repealed.

SEC. 2. Be it further enacted, That all laws and parts of laws, in relation to Pilotage at the Port of Key West in force before the passage of said act, be and the same are hereby repealed.

SEC. 3. Be it further enacted, That the Commissioners Commissioners of Pilotage for the Port of Key West shall have power and of Pilotage. authority to make and ordain all necessary by-laws, rules

and regulations for the government of Pilotage for said Port.

[Passed the Senate, December 31, 1852. Passed the House of Representatives, January 4, 1853. Approved by the Governor, January 8, 1853.]

CHAPTER 558.-[No. 79.]

AN ACT to prevent fire hunting in the County of St. Johns.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That it shall not be lawful for any person or persons to hunt with a gun or other fire arms, by

fire light in the night time at any place within the County Fire-hunting of St. Johns in this State, except within his own enclosure: prohibited. such person shall on conviction be fined in a sum not ex

ceeding twenty-five dollars, or imprisonment not exceed

ing one month at the discretion of the Court.

SEC. 2. Be it further enacted, That if any person hunt- Action allowed ing with fire light in the night time, shall kill or wound any horse, mare, colt, cattle, sheep, goat, or hog, or other domestic animal not being his own, the person so offending shall be liable to an action at law for double the value of said animal to the person aggrieved, in addition to the above penalties.

SEC. 3. Be it further enacted, That if any slave or slaves, shall be discovered fire hunting in the manner a- Slave punishforesaid, such slave or slaves, on conviction thereof in ment. manner aforesaid, shall, by order of the said Court, receive not exceeding thirty lashes, and the master or owner of such slave or the person in whose care he shall be, if said hunting was done by his or their order, permission, knowledge or consent, expressed or implied, shall be liable to an action at law for any damage said slave or slaves may commit, while thus fire hunting.

SEC. 4. Be it further enacted, That if any person con

1852.

punished.

victed of sending or having sent his or her slave, or any Owners of, how slave in his or her charge or care, to fire-hunt in any manner before mentioned, the person so offending shall be subject to the same pains and penalties as are provided by this act to be inflicted on fire-hunters, but the slave so sent shall receive no punishment.

Violation of Sabbath.

Collector.

SEC. 5. Be it further enacted, That it shall not be lawful for any slave or slaves to hunt hogs or cattle with dogs on the Sabbath day, in any County in this State, without having some white person with them, and the owner or owners of such slave or slaves shall be liable in an action at law for any damage such slave or slaves may commit on the rights or property of others.

SEC. 6. Be it further enacted, That all laws and parts of laws inconsistent with the above provision, be and the same are hereby repealed.

[Passed the House of Representatives, January 3, 1853. Passed the Senate, January 7, 1853. Approved by the Governor, January 8, 1853.]

CHAPTER 559.-[No. 80.]

AN ACT to separate the offices of Sheriff and Tax Assessor and Collector in the
County of Nassau.

SECTION 1. Be it enacted by the Senate and House of Assessor and Representatives of the State of Florida in General Assembly convened, That the duties now required to be performed by the Sheriff, in the assessment and collection of Taxes in the County of Nassau, shall be performed by an Assessor and Collector, which shall be a separate and distinct office from the office of Sheriff in said County, after the year 1853.

Election of.

Repeal.

SEC. 2. Be it further enacted, That an election be held at the several precincts in said County on the first Monday in October next, for an Assessor and Collector, who, before entering upon the duties of his office, shall take the same oath; and give bond and security, as other Assessors and Collectors are required to do, and also be entitled to receive the same fees for his services.

SEC. 3. Be it further enacted, That all laws and parts of laws conflicting with the true intent and meaning of this act, be and the same are hereby repeåled.

[Passed the Senate, December 1, 1852. Passed the House of Representatives, December 8, 1852. Approved by the Governor, December 19, 1852.]

1852.

CHAPTER 560.-[No. 87.]

AN ACT in relation to a Road Tax in the Counties of Santa Rosa and Escam

bia.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the Judge of Probate and Board of County Commissioners of the Counties of Santa Rosa and Road tax. Escambia, when assembled for County purposes, in the year one thousand eight hundred and fifty-three, and every year thereafter, shall have power to assess a Road Tax: Provided, The same shall in no instance exceed one dollar per annum for ever person subject to Road duty.

SEC. 2. Be it further enacted, That said Road Tax or so much thereof as may be necessary to keep the Roads and Collection of, Bridges within said Counties in repair, shall, when occasion require it, be collected under the direction of the County Commissioners; and the person or persons appointed to collect the same, shall receive as compensation for his or their services, five per cent. upon the amount by him or them so collected.

of.

SEC. 3. Be it further enacted, That any person shall have the right to commute his Road Tax by supplying la- Commutation borers to work on said Roads or by his personal services as a laborer, at such amount per day as may be determined by the said County Commissioners, and the overseers of said Roads shall give certificates of the labor thus supplied, which shall be received by the Collector of the Road Tax in lieu of money thereof.

SEC. 4. Be it further enacted, That the Tax collected

by this account shall be paid into the County Treasury and Application of be subject to the order of the County Commissioners of tax. said Counties, which Tax shall be applied exclusively to the making and repairing of Roads and Bridges, and the said Treasurer shall receive for his services, two per cent.

for receiving and disbursing the same.

SEC. 5. Be it further enacted, That the property of any Who sabject citizen, or citizens of said Counties subject to Road duty to tax. shall be liable for said Tax, and the collector of the same may, upon the refusal of any person to pay his Road Tax, or to work upon said Roads, levy upon any property possessed by such person or persons in said Counties, or so much thereof as may be necessary, and proceed to sell, af ter giving public notice in the same manner, and under

the same regulations as are prescribed in cases for the collection of the State Tax.

SEC. 6. Be it further enacted, That whenever a petition shall be presented to the said Judge of Probate, and Board of County Commissioners, signed by three house-holders, inhabitants of the County, praying for the establishment of a neighborhood or settlement Road, from a certain place therein specified, it shall be the duty of the said Judge of Probate and Board of County Commissioners thereupon, if the petition shall appear reasonable, to appoint not less than two Commissioners to proceeed as soon as may be convenient, to lay out said Road, and make return thereof under their hand to the Judge of Probate and Board of County Commissioners, noting the distance and courses as near as practicable of such proposed route, which return shall be filed in the office of the President of the Board of County Commissioners; and the applicants for the proposed route, together with as many other persons residing within the immediate vicinity of said route, as is thought proper by the Board of County Commissioners, shall be permitted by the County Commissioners to expend their Road · Tax upon the same.

SEC. 7. Be it further enacted, That so much of the law now in force in this State in relation to Roads and highways, as conflicts with this act, shall be inoperative within the limits of Santa Rosa and Escambia Counties.

SEC. 8. Be it further enacted, That an act in relation to Roads in Escambia County, passed at the last session of the General Assembly, and approved January 23, 1851, be and the same is hereby repealed.

[Passed the House of Representatives, December 24, 1852. Passed the Sen. ate, December 27, 1852. Approved by the Governor, January 1, 1853.]

CHAPTER 561.-[No. 82.]

AN ACT to amend an Act entitled an Act giving to the Judge of Probate of
Escambia and Hamilton Counties the powers of Justice of the Peace in certain

cases.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That an act entitled an act giving to the Judge of Probate of Escambia and Hamilton Counties the powers of Justice of the Peace in certain cases, be so a