he shall be immediately put under guard, and kept at the discretion of the commanding officer of the forces engaged in such military duty, until the setting of the sun of the same day on which the offence shall have been committed; and moreover, shall be subject to arrest and punishment by any court of competent jurisdiction for a breach of the peace. (y) SEC. 87. Any officer, non-commissioned officer, or soldier, Disobedience on military duty, who shall disobey the legal orders of his su- of orders. perior, use any reproachful or abusive language to his superior, or misbehave, or demean himself in an unofficer or unsoldierlike manner, shall be immediately placed under arrest if an officer, and if a non-commissioned officer or soldier, shall be disarmed and put under guard, and shall be tried and punished by a court-martial according to law and military usage. (y) of regiment. SEC. 88. In case of parades, reviews, inspections, or musters Temporary of the troops of any brigade, any companies not organized into organization regiments shall be temporarily organized into a regiment for the duties of the day; and the regiment so temporarily organized shall be commanded by the officer senior in rank of the companies composing it. The officer commanding the brigade for the day shall order such organization. (y) from execution. SEC. 89. Horses and equipments of officers of mounted com- Exemption panies, and all company property of uniformed companies organized under this chapter, shall be exempt from excution. (y) CHAPTER 155. NOTARIES PUBLIC. 1. Governor empowered to appoint as many Notaries as he may deem expedient; term of office; bond and oath. 2. Powers and duties. 3. Allowed to solemnize rites of matrimony; to take relinquishment of dower. 4. Fees of Notaries. SECTION 1. The Governor is empowered to appoint so many Appointment, Notaries Public as to him shall seem necessary; and upon the term of office, bond, and oath. death, removal or resignation of any such Notaries Public, to appoint others in his or their room, which said Notaries Public shall hold their respective offices during the pleasure of the Governor, and shall use and exercise such office of Notary Public for such places and within such limits and precincts as the Governor shall direct, to whose protestations, attestations and other instruments of publication due credence shall be given: Provided, nevertheless, That every Notary Public shall, previous to his executing the duties of said office, give bond, to (y) Secs. 74, 75, 76 and 77, Chap. 1636, Act of Aug. 6, 1868. Power, authori be filed in the office of the Clerk of the Circuit Court, to the Governor for the time being, in the penalty of five hundred dollars, conditioned for the due discharge of his said office, and also take an oath that he will honestly, diligently and faithfully discharge the duties of a Notary Public; and any Justice of the Peace for the county where such Notary may reside is hereby authorized to administer the said oath. (a) SEC. 2. In all cases where it may be necessery to the due and ty and duties. legal execution of any writing or document whatever to be attested, protested or published under the seal of his office, any Notary Public may administer an oath, and make certificate thereof, which shall have the same effect as if administered and certified by a Justice of the Peace; and any person making a false oath before a Notary Public shall be guilty of perjury in like manner as if the same was made before any Justice of the Peace of this State, and be subject to the like penalties, forfeitures and disabilities as are prescribed by law in cases of willful and corrupt perjury. (a) Notaries public mony. SEC. 3. Notaries Public are authorized to solemnize the rites may solemnize of matrimony, and to take the renunciation and relinquishment rites of matri- of dower, and the acknowledgments of deeds and other instruments of writing for record, as fully as Justices of the Peace and other officers of this State are; and for so doing they shall be allowed the same fees as is now allowed by law for other officers for like services. (b) Public. SEC. 4. The fees of Notaries Public shall be as follows: For Fees of Notary protesting bills of exchange, promissory notes, and registering the same, one dollar; noting bills of exchange for non-acceptance or non-payment, fifty cents; administering each oath, ten cents; attending at a demand, tender or deposit, and noting the same, one dollar; noting protest of a captain of a vessel, one dollar; entering protest and copy, two dollars and fifty cents; each certificate with seal thereto, one dollar; each order for survey, one dollar; copying any paper necessary to be copied, the same as allowed Clerks of the Circuit Courts. (c) Oath of officers in the State. CHAPTER 156. 1. Of officers in the State. 2. Of electors. 3. Who may administer. OATHS. 4. What deputies may. 5. Penalty for officer acting without qualifying. SECTION 1. The following shall be the oath of office for each officer in the State, including members of the Legislature: "I (a) Secs. 1 and 2, Act of Sept. 13, 1822. (c) Sec. 1, Chap. 3253, Act of Feb. 28. 1881. do solemnly swear that I will support, protect and defend the God." (a) SEC. 2. Every elector shall, at the time of his registration, Oath of elector. take and subscribe to the following oath: "I, do sol emnly swear that I will support, protect and defend the Constitution and government of the United States, and the Constitution and government of the State of Florida, against all enemies, foreign or domestic; that I will bear true faith. loyalty, and allegiance to the same, any ordinances or resolulution of any State Convention or Legislature to the contrary notwithstanding. So help me God." (b) minister. SEC. 3. Judges and Clerks of the Supreme Court, Circuit who may adCourts, and Courts of Chancery, Judges of Probate, Justices of the Peace, and Notaries Public, shall be, and they are here- 6 Fla. 376. by, authorized and empowered to administer oaths in all cases in which by law oaths are required to be administered. (c) SEC. 4. The deputies appointed by the several Clerks of the Deputies may. Circuit Courts in this State shall have the same power to administer oaths as is now possessed by said clerks. (d) SEC. 5. All officers who are required by law to take an oath, officers acting or give bond for the faithful performance of their duties, upon cation. without qualififailure shall be fined at the discretion of the court; and if they presume to exercise the duties of their offices without observing the legal prerequisites, they shall be subject to said penalty, and it shall be the duty of the several courts of criminal jurisdiction to give this section in charge to the grand juries. (e) CHAPTER 157. OYSTERS. 1. County Commissioners may must be marked; penalty for re grant privilege to plant. 2. Forfeiture of right. 3. Penalty for carrying away or disturbing oysters without permission. 4. Boundaries of oyster beds (a) Art. 16, Sec. 10, Const. of 1888. moving the stakes or buoys. 5. When consent of owner of land to be given. 6. Limits of beds in front of public lands. 7. Natural oyster beds exempt. (d) Sec. 1, Chap. 254, Act of 1849. County Com privilege to plant. SECTION 1. Any person desiring to plant oysters in the pubmissioners may lic waters of this State shall apply to the County Commisgrant exclusive sioners of the county in which the water is situated, setting forth his determination to plant oysters in a certain locality, describing the same as near as may be possible; and the said Commissioners may grant exclusive rights to such person for such locality or any portion thereof, with such boundaries as they may deem proper. (a) Forfeiture. Carrying away sion, oysters planted. Marking boundaries of beds. SEC. 2. Any person obtaining from the County Commissioners such grant or exclusive right, and shall fail to utilize the same by planting oysters therein within one year thereafter, shall forfeit such grant. (a) SEC. 3. Any person who shall unlawfully, without permission or disturbing, of the owner, take up, or take and carry away by any means, without permis-or in any manner shall catch, interfere with, or disturb the oysters of another now or hereafter lawfully planted upon the bed of the bayous, rivers, bays, sounds, or other waters within the jurisdiction of this State, shall be deemed guilty of larceny, and upon conviction shall be punished by imprisonment in the county jail not more than three nor less than one month. (a) SEC. 4. It shall be the duty of all persons planting oysters, as provided above in this chapter, to mark the boundaries and limits of the beds of oysters so planted by them by stakes or buoys, as may be prescribed by the County Commissioners, at intervals of not more than fifty yards apart, clearly defining the limits of their claim, said stakes or buoys not to obstruct or interfere with the navigation of any of the navigable waters of this State, and to keep such stakes or buoys standing, and in good order and repair, otherwise no penalty shall be incurred, or right protected, under the provisions of this chapter. Any person or persons who wilfully removes, or causes to be removed, any of such stakes or buoys, without the consent of the person who has lawfully placed them in position, shall be deemed guilty of a misdemeanor, and on conviction thereof shall pay a fine not greater than one hundred dollars, nor less than twenty-five dollars, or be imprisoned in the county jail for a period of not more than thirty days. (a) Removing stakes, &c., without permission. Consent of owner of land fronting on waters. Effect of entry, &c., on exclu sive privilege. Limits of beds SEC. 5. The provisions of this chapter shall give no exclusive right or privilege to any person or persons to plant oysters in front of any land now owned by any person fronting on any of the waters of this State without the consent of the owner of said land; and the exclusive privilege conferred by the operation of this chapter shall not extend beyond the date of purchase or entry and occupation of the land in front of which any such oyster bed may have been located. (a) SEC. 6. No oyster bed so located, in accordance with the in front of pub provisions of this chapter, shall extend more than one-eighth lic, &c., lands. of a mile along the bank or shore of any waters, bayous, rivers, or sounds in front of the public or unoccupied lands of this State. (a) (a) Secs. 1, 2, 3, 4, 5 and 6, Chap. 3293, Act of Jan. 29, 1881. SEC. 7. All the existing natural or maternal oyster beds in Natural beds. the waters of this State are exempt from the provisions of this chapter, and they shall remain for the free use of the citizens of this State. (b) CHAPTER 158. PARDONS. 1. Governor may suspend collection of fines and forfeitures and grant reprieves; his powers in cases of treason; he shall report fines remitted and pardons and commutation to Legislature. 2. Pardoning power, where vested; powers and duties. 3. Application for pardon or commutation; method of proceed- 4. Form of application and what 5. Duty of Clerk of Court or Justice of the Peace in regard to copies of certain papers. suspend collec grant reprieves. treason, powers. his SECTION. 1. The Governor shall have power to suspend the Governor may collection of fines and forfeitures, and grant reprieves for a pe- tion of fines and riod not exceeding sixty days, dating from the time of convic-forfeitures, and tion, for all offences, except in cases of impeachment. Upon conviction for treason he shall have power to suspend the exe- In cases of cution of sentence until the case shall be reported to the Legislature at its next session, when the Legislature shall either pardon, direct the execution of the sentence or grant a further reprieve; and if the Legislature shall fail or refuse to make final disposition of such case, the sentence shall be enforced at such time and place as the Governor may by his order direct. The Governor shall communicate to the Legislature, at the shall communibeginning of every session, every case of fine or forfeiture re- cate fines remitmitted or reprieved, pardon or commutation granted, stating the name of the convict, the crime for which he was convicted, the sentence, its date and the date of its remission, commutation, pardon or reprieve. (a) ted and pardons SEC. 2. The Governor, Justices of the Supreme Court, and Pardoning powAttorney-General, or a major part of them, of whom the Gov- er, where vested ernor shall be one, may, upon such conditions, and with such limitations and restrictions as they may deem proper, remit fines and forfeitures, commute punishment and grant pardons after conviction, in all cases, except treason and impeachment, subject to such regulations as may be provided by law relative to the manner of applying for pardons. (a) SEC. 3. When any person shall intend to apply for the re- Publication mission of any fine or forfeiture, or the commutation of any of notice. (b) Sec. 7, Chap. 3293, Act of Jan. 29, 1881. (a) Secs. 11 and 12, Art. 5, Const. of 1868. |