1850.

Duty of Comptroller.

his re

SEC. 3. Be it further enacted, That it shall be the duty of the Comptroller of public accounts, on the twentieth day of July in each and every year, to draw his warrant upon the Treasury for the amount of interest due upon the loan or loans provided for in the fore going sections, and hand the same to the Treasurer, and upon ceiving the same, he shall transfer and pay over to the Common School Fund, to be distributed in the manner now required by law, the amounts therein specified from the General Fund of the State, and the said Treasurer and Comptroller shall each keep on the books of his office an account of the said loan, showing the amount borrowed, the amount paid thereon for principal or interest, and shall make report thereof annually to the Governor, to be by him laid before the General Assembly.

[Passed the Senate, January 17, 1851. Passed the House of Representatives, January 18, 1851. Approved by the Governor, January 23, 1851.]

CHAPTER 343.-[No. 32.]

AN ACT enlarging the Powers of County Commissioners. SECTION 1. Be it enacted by the Senate and House of Represent atives of the State of Florida in General Assembly convened, That the Board of County Commissioners of the different Counties, next Increase of hereafter to be elected, shall have power to raise, by taxation, for School Fund. the purpose of aiding the Commonjor Public Schools, an amount not exceeding four dollars for each child between the ages of five and eighteen years, in the respective Counties: Provided, That the Counties of Columbia, Levy, St. Johns, Putnam, Monroe, Alachua, Nassau, Gadsden, Wakulla, Hamilton, Jefferson, Madison, Duval and Leon be exempted from the operation of this act.

SEC. 2. Be it further enacted, That the fund so raised for school How distribu- purposes shall be distributed under the direction of the County Superintendent, in the manner provided for in the " Act to provide for the establishment of Common Schools in this State," approved January 13, 1849.

ted.

[Passed the Senate, December 20, 1850. Passed the House of Representa tives, December 31, 1850. Approved by the Governor, January 6, 1851.]

CHAPTER 344.-[No. 33.]

AN ACT prescribing the duty of the Register of Public Lands. Sheriffs, and
Solicitors in relation to the recovery of estates escheating or reverting to the
School Fund on account of a defect of heirs or next of kin, and for other pur
poses.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That it shall be the duty of the Sheriffs of the 'several Counties in the

State to ascertain the nature, situation, and amount of all estates real or personal, which have escheated or reverted, or may hereaf ter escheat or revert, to the School Fund, on account of a defect of heirs or next of kin, and of all property found on the coast or shores of the State, or brought into the State or its ports as wreck or derelict of the seas, in the sense of maritime law, and for which no owner shall appear and establish his claim within a year and a day, and report the same without delay to the Register of Public Lands.

1850.

Duty of Sheriff

SEC. 2. Be it further enacted, That it shall be the duty of the Register, when the estate mentioned shall be other than money, to Of Register. require the Sheriff to dispose of the same, in such manner as may be thought expedient by the Register; the sale of lands, however, to be made subject to all the rules, regulations, and restrictions which are now, or may be hereafter, imposed upon the sale of Seminary Lands.

SEC. 3. Be it further enacted, That in all cases of derelict pro- Derelict propperty brought into the State or its ports, and for which no owner erty. shall appear and establish his or their claim, when the amount shall be less than five hundred dollars, the Sheriff shall, in order to determine the quantum of salvage to be paid to the salvors, refer the Salvage. same to two arbitrators to be chosen, one on the part of the State, the other on the part of the salvors, and should they be unable to agree, they shall have power to select an umpire.

citor.

SEC. 4. Be it further enacted, That whenever any property is ascertained to rightfully belong to the School Fund, and the person in Duty of Solipossession refuses to give it up to the Sheriff on demand, it shall be the duty of the Solicitor of the District in which the property is situated, when required to do so by the Register, to enter a suit for said property, and prosecute the same to a final recovery: all money derived from these sources to be paid by the Sheriff to the Reg. ister, to be paid by him into the Treasury of the State.

SEC. 5. Be it further enacted, That for services rendered by the Sheriff, in accordance with the preceding sections of this act, he shall receive from the Treasurer, on the warrant of the Comptroller, two and a half per cent. on the nett proceeds of the amount paid into the Treasury, after the payment of all expenses; and that the Solicitor shall receive two and a half per cent. on the amount recovered by means of services rendered by him, in accordance with the provisions of this act.

Compensation.

Sheriff

SEC. 6. Be it further enacted, That it shall be the duty of the Sheriff to place in the hands of the County Superintendent, within make return. one month of the time at which any money is received, a statement of the amount of money received by him, the time at which and the source from which said money was received; which statement shall be kept by the County Superintendent, and a copy thereof forwarded, without unnecessary delay, to the State Superintendent.

SEC. 7. Be it further enacted, That it shall be the duty of the

to

1850.

When to pay over money.

Sheriff to pay over such money as may come into his possession in the performance of the duty herein required of him, within one month of the time in which he receives said money; and on failure so to do, the said Sheriff shall pay interest on said money at the rate of twelve per cent. per annum from the time it becomes due to the School Fund until paid, and shall also be liable on his bond for double the amount withheld; and it shall be the duty of the Solicitor to sue upon his bond, upon the request of the Register so to do.

[Passed the Senate, December 7, 1850. Passed the House of Representatives December 14, 1850. Approved by the Governor, December 23, 1850.]

CHAPTER 345.-[No. 34.]

AN ACT to make uniform the mode of selling State Lands.

ap

SECTION 1. Be it enacted by the Senate and House of RepresentCertain Acts atives of the State of Florida in General Assembly convened, That repealed. the following acts, to wit: "An act to provide for the sale of lands granted to the State for the purposes of Internal Improvements," proved January 6th, 1847, and also, "An act to amend and act to provide for the sale of the lands granted to the State for the purposes of Internal Improvement," approved January 8th, 1848, be and the same are hereby repealed.

sales of

SEC. 2. Be it further enacted, That hereafter the sale of Internal In. Im. Lands, Improvement Lands shall be made subject to all the rules, regulations and restrictions which are now, or may hereafter be imposed on the sale of Seminary and School Lands.

[Passed the House of Representatives, January 4, 1851. Passed the Senate January 10, 1851. Approved by the Governor, January 20, 1851.]

CHAPTER 346.-[No. 35.]

AN ACT to require purchasers of State Lands to make payment therefor to the
Treasurer of this State.

SECTION I. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That State Lands hereafter any person or persons desiring to purchase State Lands, how purchased may do so by making written application therefor to the Register,

Treasurer

shall give ceipt, &c.

whose duty it shall be, if the the tract applied for be vacant and subject to entry by the applicant or applicants, to append to said application a certificate of that fact, and stating also the number of acres in the tract, the price thereof per acre, and the particular fund to which said tract belongs.

SEC. 2. Be it further enacted, That upon the presentation of said re-application and certificate to the Treasurer, it shall be his duty to receive from the applicant or applicants the cash payment in full, or the cash payment in part, and bonds for the balance, as the case

may be, and give a receipt therefor, and file a certificate of said receipt, with the original application and certificate, in the office of the Register, whose duty it shall be carefully to preserve the same, and thereupon to enter said tract in the name of the applicant or applicants, and if it shall appear from the Treasurer's receipt that the whole of the purchase money has been paid, then the Register shall give a deed, but if it shall appear from said receipt that only a part of the purchase money has been paid, and bonds given for the balance, in that case the Register shall give a certificate of purchase, as is now required by law, and withhold a deed until the applicant or applicants shall bring a receipt from the Treasurer, stating that the last instalment has been paid.

SEC. 3. Be it further enacted, That the Treasurer shall keep in his books a separate account of the moneys received and disbursed by him on account of the School Fund, a separate account of the moneys received and disbursed by him on account of the Seminary Fund, and a separate account of the moneys received and disbursed by him on account of the Internal Improvement Fund.

[Passed the Senate, December 21, 1850. Passed the House of Representatives, December 31, 1850. Approved by the Governor, January 6. 1851.]

CHAPTER 347.-[No. 36.]

AN ACT to repeal An Act entitled, An Act supplemental to An Act entitled An Act to grant pre-emption rights to settlers on State lands, passed at the present session, approved January 12th, 1849.

1850.

Separate accounts by.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That Repeal. an act entitled, "An Act supplemental to an act entitled an act to grant pre-emption rights to settlers on State Lands, passed at the present session," be, and the same is hereby repealed.

[Passed the House of Representatives, December 9, 1850. Passed the Senate December 11, 1850. Approved by the Governor, December 16, 1850.]

CHAPTER 348.-[No. 37.]

AN ACT to amend An Act entitled An Act to grant pre-emption rights to settlers on State Lands, approved December 27, 1848.

SECTION 1. Be it enacted by the Senate and House of Represent

atives of the State of Florida in General Assemby convened, That Who entitled after the passage of this act, every person being the head of a fami- to pre-emption ly, or widow, or single man, or woman over the age of twenty-one years, and being a citizen of the United States, or having filed his declaration to become a citizen, as required by the naturalization laws of the United States, shall be entitled to the benefit of the act to which this is an amendment: (Provided, He or she does not own

Proviso.

1850.

Minimum.

Lands-how

appraised.

lands.

one hundred and sixty acres of land;) although the applicant may previously have had the benefit of any other pre-emption law: And provided further, That no person shall have the benefit of more than one pre-emption under this law, whatever may be the amount claimed under the pre-emption.

SEC. 2. Be it further enacted, That the minimum price mentioned in the first section of the act to which this is an amendment, shall be construed to mean the price at which said lands shall have been appraised, in the manner now prescribed or which shall hereafter be prescribed for the appraisement of State Lands previous to the sales thereof.

SEC. 3. Be it further enacted, That hereafter all State Lands, previous to the sale thereof by pre-emption or otherwise, shall be appraised in half-eights of sections, in the manner now prescribed. by law.

[Passed the House of Representatives, January 6, 1851. Passed the Senate, January 11, 1851. Approved by the Governor, January 20, 1851.]

CHAPTER 349.-[No. 38.]

AN ACT to grant the right of Pre-emption to persons who have settled on Sixteenth Sections 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 May enter all persons who have settled on any of the sixteenth sections (granted to this State for educational purposes,) before the same was surveyed, and who continue to live thereon, be, and they are hereby entitled to enter as much thereof as will cover their improvements, to be taken by legal sub-divisions, not to exceed one hundred and sixty acres, at the appraised value of the same, to be paid for on or before the day such sixteenth sections shall be offered for sale.

Who entitled SEC. 2. Be it further enacted, That when two or more persons to precedence. shall have settled on the same quarter section, the one making the first settlement, shall be entitled to precedence.

Repeal.

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

[Passed the Senate, December 21, 1850. Passed the House of Representatives, December 28, 1850. Approved by the Governor, January 6, 1851.]

CHAPTER 350.-[No. 39.]

AN ACT in relation to the duties of the Comptroller and Treasurer of this
State.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That it