Arrests.

diligently into all cases of trespass upon the public lands that Duty of timber may come to their knowledge, and to make complaint thereof agents. before the court or any officer having jurisdiction, that the Complaint. parties offending may be arrested and dealt with according to law, and said timber agents shall have power and authority in their respective counties to arrest any person who has trespassed, or may trespass, upon the public lands, and they shall have power and authority to seize all timber that has been, or Seizure and may be, cut upon the public lands of the State, or which has sale. been or may be removed therefrom, and to sell the same at such places within their districts as they may deem most convenient, after giving thirty days notice by one publication in the newspaper published nearest the place of sale, and posting the notice at three public places in the county where the sale is to take place. (0)

Notice.

Appraisement.

SEC. 27. When any timber shall be seized by any timber Proceedings on agent, under the provisions of Section 26 of this Chapter, and claim to timber. any person shall claim the same as his property, and that said timber was not cut upon or removed from the public lands of the State, such claimant may file his petition under oath, in reference thereto, in the office of the Clerk of the Circuit Court of the county in which the timber is lying, and upon motion before the Judge of the Circuit Court at chambers, the said Judge shall appoint three proper persons to appraise such timber, and on return of such appraisement, if the claimant shall, with one or more sureties, to be approved of by the Judge, ex- Bond. ecute a bond to the Governor of the State of Florida, and his successors in office, for the payment of a sum equal to the sum at which the timber was appraised, the Judge shall order the timber to be delivered to the claimant, and the bond shall be lodged with the proper officer of the court, and at the next term of the Circuit Court the evidence shall be heard, and if Trial. judgment shall pass in favor of the claimant, the court shall order said bond to be cancelled, but if judgment shall pass against the claimant, as to the whole or any part of such timber, and the claimant shall not at once pay into the court the amount of the appraised value of such timber, with the costs, judgment shall and may be granted upon the bond, on motion, in open court, without further delay. (0)

cause for

SEC. 28. When any claim on account of the seizure of tim- Certificate of ber shall be tried, and judgment shall be given for the claim- seizure. ant or claimants, if it shall appear to the court that there was a reasonable cause of seizure, the court shall cause a proper certificate of entry to be made thereof, and in such case the agent who made the seizure shall not be liable to action, suit or judgment, on account of such seizure. (0)

SEC. 29. When any Sheriff of any county in this State shall Executor, &c., die, his executors, administrators or other representatives shall of Sheriff to deliver papers hand over to his successors in office, taking a receipt for the to successor.

(0) Secs. 4, 6 and 7, Chap. 3020, Act of March 6, 1877.

Or to deputy of deceased.

On expiration of office to

to successor.

same, all the papers in the possession of and belonging to such decedent as Sheriff; and if, in any case, a successor should not be qualified in due time to serve or execute the process of the court, the deputy of such deceased Sheriff, if there should be one, or some other person, shall be employed by an order from the Judge of the Circuit Court to receive from the representatives of the decedent and execute all process which remained in his possession at the time of his decease. (p)

SEC. 30. The Sheriffs of each county shall, at the expiration of their respective terms of office, turn over to their successors, deliver papers by schedule, (taking their receipts for the same,) all such writs and processes as shall remain in their hands unexecuted, and their successors in office shall duly execute and return the same; and in case any Sheriff shall neglect or refuse to turn over such process in manner aforesaid, every such Sheriff so neglecting or refusing and their securities shall be liable to make such satisfaction, by damage and costs, to the party aggrieved as he, she or they shall sustain by reason of such neglect or refusal; and every Sheriff, at the expiration of his said prisoners, &c., appointment, shall also deliver up to his successor the bodies of all persons which he holds in confinement by legal process, with the precepts, warrants or causes of such confinement; and the succeeding Sheriff shall be empowered, and he is hereby required, to sell and carry into effect any levy made by his predecessor in office in like manner as the former Sheriff could have done had he continued therein; and shall make titles to the purchasers for all the property sold under execution or other process and not conveyed by his predecessor. (p)

To deliver

to successor.

Commission of Sheriffs.

Liability of the Sheriffs for failure to pay over.

9 Fla., 18.

Sheriff levying execution entitled to commissions.

Sheriff's allowance for conveying pris.

SEC. 31. For collecting and paying over fines and other moneys under the provisions of Section ten, chapter forty-one of this Digest, the said Sheriffs shall be entitled to receive a commission of five per cent. on the amount so paid over. (q)

SEC. 32. If any Sheriff shall fail to collect or pay over the said moneys when due, he shall forfeit his commissions and also be liable to a fine of fifty dollars, to be recovered by motion before the Circuit Court, after ten days' notice; and his sureties shall also be liable for the amount of such moneys upon his bond as Sheriff. (q)

SEC. 33. When any Sheriff shall make a levy by virtue of any execution, he shall be entitled to his commissions at the rate now prescribed by law, notwithstanding the defendant may have paid the debt to the plaintiff or his attorney. (r)

SEC. 34. The Sheriff shall be allowed three dollars per diem for himself, and one dollar and fifty cents per diem for each oners to State guard actually necessary for conveying prisoners from the county site to the State Prison at Chattahoochee, the State furnishing transportation; the necessary guard to be determined by the Comptroller. (s)

Prison.

Guard to be determined by Comptroller.

(p) Secs. 15 and 16, Act of Nov. 23, 1828. (q) Secs. 8 and 9, Chap. 217, Act of Jan. 9, 1849.

(r) Sec. 2, Chap. 1001, Act of Dec. 22, 1859.

(8) Sec. 14, Chap. 1981, Act of Feb. 14,

Fees of Sheriff.

SEC. 35. The fees of the Sheriffs of the several counties shall be as follows, viz: For service of subpoenas for witnesses, twenty cents; return of same, five cents; levying writ of fieri facias or other process, seventy-five cents; arresting defendant or prisoner under any process, fifty cents; executing writ of hab. fa. ca. sa., seventy-five cents; service of writ, in action at law, fifty cents; record or return of writ or process, ten cents; copy of process of one hundred words or less, fifteen cents; for every subsequent one hundred words, eight cents; bond, writing, taking and approving, seventy-five cents; calling jury in suit, twenty cents; mileage, distance to be estimated from the court-house door to the residence of the person served, and return, five cents; committing prisoner to jail under process, fifty cents, provided the prisoner was arrested by the Sheriff or his deputy; each recommitment under order, twenty-five cents; releasing prisoner, twenty-five cents; habeas corpus, executing, seventy-five cents; conveying prisoner to jail, or removing prisoner, per mile, ten cents; hanging prisoner, ten dollars; collecting money under process when there is actual sale, on first three hundred dollars, three per cent.; on all sums over three hundred or less than two thousand dollars, two per cent.; on balance of all sums over two thousand dollars, one per cent.; without sale, on first three hundred dollars, two per cent. ; without sale, on all sums over three hundred and less than two thousand dollars, one per cent.; without sale, on all sums over two thousand dollars, one-half per cent.; advertising property for sale, fifty cents; keeping horses or mules taken under any process of law, not more than forty cents per head per day, and said stock not to be used for any purposes by the officer; other stock taken under process, such allowance as the Judge or Justice deems just; and for actual and necessary expenses incurred in the levy and safe-keeping of personal property, or in the arrest, safe-keeping and punishment of prisoners or criminals (as are not provided by law), such allowance as either the Judge or Justice from whose court the process issues shall deem just: Provided, however, That there shall not be allowed for bailiffs more than one dollar per day; for servants more than seventy-five cents per day; for each guard, more than one dollar per day; for horse hire, more than one dollar per day; for erecting gallows, more than fifteen dollars; and for all stationery, wood and lights for the court, the Judge shall make specific requisition on the Sheriffs, which shall be the voucher of the latter therefor; deed of real estate, for executing, to be paid by purchaser, one dollar; summoning grand and petit jurors under venire, each venire five dollars, and five cents mileage going and returning; summoning juror or talisman or by-stander under special venire by order, fifteen cents; attendance on Supreme Court, per day, three dollars; attending Coroner's inquest, one dollar, and five cents per mile for actual distance traveled. When a jury sits longer than twelve hours, the

13 Fla., 687.

Constructive mileage not allowed.

Sheriff may, by order of the court, provide them with two meals per day, the expenses of said meals not to amount to more than eighty cents per day for each juror, said expenses in cases of misdemeanor to be taxed against the county, and in cases of felony to be taxed against the State: Provided, That no Sheriff, Constable or Coroner shall charge constructive mileage; the mileage charged for must be actually traveled, by the nearest and most direct route by the public highway. (t)

Shipping mas ter to be cre

ated for ports.

Bond to be given.

C'ertain acts of, to subject him to fine.

CHAPTER 185.

SHIPPING MASTER.

1. Shipping Master to be appointed for the several ports; duties.

2. Bond to be given; certain acts of Shipping Master shall subject him to fine.

3. Mayor and Council authorized

to grant licenses and impose fines for violation of rules of their ports; limitation of fines.

4. Penalty for person falsely representing himself Shipping Master without license.

SECTION 1. There shall be created in and for the several ports of this State one or more shipping masters, to be appointed by the mayor with the consent of the common council of each city or incorporated town in this State, whose business it shall be to provide and ship crews for vessels, and seamen, in accordance with the laws of the United States, whenever required to do so by proper authority representing the vessel or owners. (a)

SEC. 2. Before or upon obtaining the license hereinafter provided for, said shipping masters shall execute a bond with two good and sufficient securities, to be approved by the mayor, in the sum of two thousand dollars, payable to the mayor and his successors in office, conditioned for the honest and faithful transaction of all business appertaining to his office and occupation; and if any shipping master or other person by his consent, procurement, advice or connivance shall be found guilty of harboring, concealing or enticing away any marine or seamen from a vessel, or encouraging any marine or seamen to mutiny or disobey lawful orders, he or they shall, in addition to the punishment now provided by law for every such offence under this chapter, be fined and forfeit for the use of the port or town for which he is appointed not less than one hundred, nor more than one thousand dollars; said cause to be tried in

(7) Sec. 2, Chap. 3106, Act of March 7, 1879.

(a) Sec. 1, Chap. 1750, Act of Feb. 19, 1870.

the County Court on the complaint of the mayor or party aggrived.* (a)

thorized to

SEC. 3. The mayor and council may grant license in con- Mayor and formity to this chapter, under such rules and regulations as council authey may prescribe, and such ordinances and orders as in their grant licenses judgment may be most conducive to the interests of their port, fines for violaand impose and for the government of the shipping, and for the welfare tion of rules. and protection of the marine and seamen, subject to the laws of the United States, and for the direction and government of said shipping masters, as they may deem proper, and the same at any time to amend or revoke, and to impose fines for the violation of such rules, ordinances, orders and regulations: Provided, Such fines so imposed, by city authority, under this chapter, shall not exceed fifty dollars for each offence in violat- Fines limited. ing said rules, orders, regulations or ordinances. (a)

cising the call

self as a ship

SEC. 4. If any person shall attempt to exercise the calling of, Person exeror falsely represent himself as a shipping master in this State, ing of or repwho has not been licensed and appointed in conformity with this resenting himchapter, such persons, for any such offence, shall be fined and im- ping master prisoned at the discretion of the Judge of the County Court, cense. not to exceed five hundred dollars, and the imprisonment not to exceed six months. (a)

without li

CHAPTER 186.

STATE ATTORNEYS.

1. How appointed, term of office powers and duties of such officer; and duties.

2. Shall perform duties heretofore performed by State Solicitors. 3. Shall demand certain books and papers of the Solicitors.

4. Certain duties defined. 5. Shall give advice to grand jury when required, and draw bills of indictment.

6. Shall have authority to procure assistance when necessary; authority of such assistant; compensation of assistant.

7. Judge may appoint prosecuting officer in certain cases; oath,

compensation.

8. Duty to attend all courts in his circuit; forfeitures for failure to attend; can leave court when State business is disposed of.

9. When he fails to attend court, duty of the Judge; compensation of temporary appointee.

10. State Attorney shall order the summoning of all State wit

nesses.

11. Comptroller to charge him with certain claims when placed in his hands for collection.

12. Said charges considered evi

(a) Secs. 2, 3 and 4, Chap. 1750, Act of Feb. 19, 1870.

[* Query: Has the Circuit Court jurisdiction under this Section, the County Court having been abolished? The United States have a law on this subject; is this law operative ?]