AMENDMENTS TO THE CONSTITUTION. PROCLAMATION BY THE GOVERNOR. To all whom these presents shall come, greeting: WHEREAS, The first Legislature under the Constitution of A. D. 1868, of the State of Florida, did, in due form by a twothirds vote of all the members elected to each of the two Houses, propose and agree to certain amendments to said Constitution, and did cause the same to be entered on the respective journals thereof, with the yeas and nays taken thereon, and did refer the same to the Legislature chosen at the general election now last past, and did cause the same to be published as provided by law for three months previous to such election; and whereas, the Legislature chosen at such election, to wit: This, the Second Legislature under said Constitution, has, by a two-thirds vote of all the members elected to each House thereof, agreed to, ratified, and confirmed the following of said. amendments, to wit: ARTICLE I. The salary of the Governor of the State shall be three thousand five hundred dollars per annum; that of each Justice of the Supreme Court shall be three thousand dollars; that of each Judge of the Circuit Court shall be two thousand five hundred dollars; that of each Cabinet officer shall be two thousand dollars; that of the Lieutenant-Governor shall be five hundred dollars, and he shall receive the same mileage as members of the Legislature. The pay of members of the Legislature shall be per diem, to be fixed by law for each days' actual attendance, and, in addition thereto, ten cents per mile for traveling expenses for each mile from their respective places of residence to the Capital, estimated by the shortest thoroughfare, and the same to return. All other officers of the State shall be paid by fees or per diem fixed by law. No Legislature shall increase its own pay. ARTICLE II. The offices of Surveyor-General and Commissioner of Immigration are hereby consolidated under the name of Commissioner of Lands and Immigration. ARTICLE III. The thirteenth section of the Sixth Article of the Constitution is hereby abrogated. ARTICLE IV. The number of terms of the Supreme Court, and the time of holding the same, shall be fixed by law. ARTICLE V. The Legislature shall have power to prescribe regulations Articles ratified. for calling into the Supreme Court a Judge of the Circuit Court to hear and determine any matters pending before the court in the place of any Justice thereof who shall be disqualified or disabled in such case, from interest or other cause ; and WHEREAS, The Legisiature of 1871, at its regular session of that year did, by act approved January 28, 1871, provide for the submission and ratification or rejection of said amendments by the people of the State of Florida, at an election to be held on the fourth day of April, of said year 1871; and whereas, said election was duly held and the result thereof duly canvassed by the Board of State Canvassers, and certified to the Executive office as provided in said act last mentioned; and whereas, it appears from such certificate that each and every of said amendments were duly ratified and approved by the people of this the said State of Florida; Now, therefore, I, Harrison Reed, Governor of the State of Florida, in accordance with the requirement of said act last mentioned, do hereby, by this my proclamation, declare that each and every of said amendments were duly approved and ratified by the people of the State of Florida, and that the same are each and every of them a part of the Constitution of the State of Florida. In witness whereof I have hereunto set my hand and caused [L. S.] the Great Seal of the State to be affixed at Tallahassee, the Capital, this fifteenth day of May, A. D. 1871. HARRISON REED, (Signed) Attest: (Signed) JONATHAN C. GIBBS, Secretary of State. Governor of Florida. I, Samuel B. McLin, Secretary of State of the State of Florida, do hereby certify that the foregoing is a true copy of the original on file in the office of the Secretary of State. In witness whereof I have hereunto set my hand and affixed [L. S.] the Great Seal of the State at Tallahassee, the Capital, this the twenty-ninth day of May, A. D. 1874. SAMUEL B. McLIN, CHAPTER 2041. AN ACT to Provide for the Submission of Certain Proposed Amendments to the Constitution of the State of Florida to the People thereof. WHEREAS, The Legislature, under the Constitution of A. D. 1868, of the State of Florida, did, at its Seventh Session A. D. 1874, in due form, by a two-thirds vote of all the members elected to each of the two Houses, propose and agree to certain amendments to said Constitution, and did cause the same to be entered on the respective journals thereof, with the yeas and nays taken thereon, and did refer the same to the Legislature chosen at the general election now last past, and did cause the same to be published as provided by law for three months previous to such election; and whereas, the Legislature chosen at such election, to wit: This, the Fourth Legislature under said Constitution, at its Eighth Session A. D. 1875, has, by a twothirds vote of all the members elected to each House thereof, agreed to, ratified, and confirmed the following of said amendments, to wit: ARTICLE VI. Section two of Article four of the Constitution is hereby Section 2, amended so as to read as follows: Article IV. amended. sessions. SECTION 2. From and after the first Tuesday after the first Monday in January, A. D. one thousand eight hundred and Biennial seventy-seven, the regular sessions of the Legislature shall be held biennally, commencing on said day, and on the corresponding day of every second year thereafter; but the Governor may convene the same in extra session by his proclamation. ARTICLE VII. Section twenty-nine of Article four of the Constitution is Section 29, hereby amended so as to read as follows: Article IV. amended. trials. SECTION 29. The Assembly shall have the sole power of impeachment; but a vote of two-thirds of all members present Impeachment shall be required to impeach any officer; and all impeachments shall be tried by the Senate. When sitting for that purpose the Senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the Senators present. The Senate may adjourn to a fixed day for the trial of any impeachment. and may sit for the purpose of such trial whether the Assembly be in session or not; but the time fixed for such trial shall not be more than six months from the time articles of impeachment shall be preferred by the Assembly. The Chief-Justice shall preside at all trials by impeachment except in the trial of the Chief-Justice, when the Lieutenant-Governor shall preside. The Governor, LieutenantGovernor, members of the Cabinet, Justices of the Supreme Court, and Judges of the Circuit Court shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust, or profit under the State; but the party convicted or acquitted shall, nevertheless, be liable to indictment, trial, and punishment, according to law. All other officers who shall have been appointed to office by the Governor, and by and with the consent of the Senate, may be removed from office upon the recommendation of the Governor and consent of the Senate; but they shall, nevertheless, be liable to indictment, trial, and punishment according to law for any misdemeanor in office. All other civil Section 7, Article XII. amended. Issuing State bonds. Section 5. Article VI. amended. diction of the officers shall be tried for misdemeanor in office in such manner as the Legislature may provide. ARTICLE VIII. Section seven of Article twelve of the Constitution is hereby amended so as to read as follows: SECTION 7. The Legislature shall have power to provide for issuing State bonds bearing interest for securing the debt of the State, for the erection of State buildings, and for the support of State institutions; but the credit of the State shall not be pledged or loaned to any individual, company, corporation, or association; nor shall the State become a joint owner or stockholder in any company, association, or corporation. The Legislature shall not authorize any county, city, borough, township, or incorporated district to become a stockholder in any company, association, or corporation, or to obtain or appropriate money for, or to loan its credit to, any corporation, association, institution, or individual. ARTICLE IX. Section five of Article six of the Constitution is hereby amended so as to read as follows: SECTION 5. The Supreme Court shall have appellate jurisdicAppellate juris- tion in all cases at law, and in equity, commenced in Circuit Supreme Court. Courts, and of appeal from the Circuit Court in cases arising in the County Court as a Court of Probate, and in the management of the est ites of infants, and in all criminal cases commenced in the Circuit Court. The court shall have power to issue writs of mandamus, certiorari, prohibition, quo warranto, habeas corpus, and also all writs necessary or proper to the complete exercise of its jurisdiction. Each of the Justices shall have the power to issue writs of habeas corpus to any part of the State upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court or any Justice thereof, or before any Circuit Judge. Section 8, Article VI. amended. Circuit Courts. Jurisdiction, original and appellate. Section eight of Article six of the Constitution is hereby amended so as to read as follows: SECTION 8. The Circuit Courts shall have original jurisdiction in all cases in equity, also in all cases at law in which the demand or the value of the property involved exceeds one hundred dollars, and in all cases involving the legality of any tax assessment, toll, or municipal fine, and of the action of forcible entry and unlawful detainer, and of actions involving the titles or right of possession of real estate, and of all criminal cases, except such as may be cognizable by law by inferior courts. They shall have appellate jurisdiction of matters pertaining to the probate jurisdiction and the estates and interest of minors in the County Courts, and of such other matters as may be provided by law, and final appellate jurisdiction in all civil cases arising in the court of a Justice of the Peace, in which the amount or value of property involved is twenty-five dollars and upwards, and of misdemeanors tried before any Justice's or mayor's court. The Circuit Courts and Judges shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, habeas corpus, and all writs proper and necessary to the complete exercise of their jurisdiction. Section ten of Article six of the Constitution is hereby abro- Section 10, gated. Article VI. abrogated. Section eleven of Article six of the Constitution is hereby Section 11, amended so as to read as follows: 65 Article VI. amended. Jurisdiction of SECTION 11. The County Court shall have power to take probate of wills, to grant letters testamentary, and of adminis- County Courts. tration and guardianship, to attend the settlement of the estates of decedents and of minors, and to discharge the duties usually pertaining to Courts of Probate, subject to the direction and supervision of the appellate and equity jurisdiction of the Circuit Court, as may be provided by law. And the County Judges shall have and exercise the civil and criminal jurisdiction of Justices of the Peace. They may also have jurisdiction of such proceedings relating to the forcible entry or unlawful detention of lands and tenements, subject to the appellate jurisdiction of the Circuit Court, as may be provided by law. Section fifteen of Article six of the Constitution is hereby amended so as to read as follows: ces of the SECTION 15. The Governor shall appoint as many Justices Governor to of the Peace as he may deem necessary. Justices of the Peace appoint Justishall have jurisdiction in civil actions at law in cases in which Peace. the amount or value involved does not exceed one hundred dollars; and in criminal cases their powers shall be fixed by law. Their powers, duties, and responsibilities shall be regu- Their jurislated by law. They may hold their offices for the term of four diction. years, subject to removal by the Governor for reasons satisfactory to him. ARTICLE X. Section twelve of Article six of the Constitution is hereby Section 12, amended so as to read as follows: Article VI. amended. Grand and SECTION 12. Grand and petit jurors shall be taken from the registered voters of the respective counties. The number of petit jurors. jurors for the trial of causes in any court may be fixed by law. ARTICLE XI. Section twenty-four of Article sixteen of the Constitution is Section 24, hereby amended so as to read as follows: Article XVI. amended. Corportions SECTION 24. The property of all corporations, whether heretofore or hereafter incorporated, shall be subject to taxation, property to unless such property be held and used exclusively for religious, educational, or charitable purposes. be taxed. |