Power and authority conferred. Oath of office to be taken. which certificate shall be endorsed on, or annexed to said deed or instrument aforesaid, shall have the same force and effect, and be as good and available in law, for all purposes, as if the same had been made or taken before the proper officer of this State. (a) SEC. 2. Every Commissioner so appointed shall have full power and authority to administer an oath or affirmation to any person who shall be willing and desirous to make such oath or affirmation before him; and such affidavit or affirmation made before such Commissioner shall, and is hereby, declared to be as good and effectual, to all intents and purposes, as if taken by any magistrate resident in the State and competent to take the same. (a) SEC. 3. Every Commissioner appointed as aforesaid, before he shall proceed to perform any duty, under and by virtue of this law, shall take and subscribe an oath or affirmation before a Justice of the Peace, in the city or county in which such Commissioner shall reside, well and faithfully to execute and perform all the duties of such Commissioner, under and by virtue of the laws of this State; which oath or affirmation shall be filed in the office of the Secretary of this State. (a) CHAPTER 24. COMMISSIONER OF LANDS AND IMMIGRATION.* 1. General duties of Commissioner of Lands and Immigration prescribed. 2. Made member of Board of Trustees of Internal Improvement Fund. 3. Commissioner may act as attorney for parties buying or selling land; compensation. 4. Commissioner to keep records of acts and doings and to report to Legislature. 6. Commissioner to have seal. 7. Expenses of Commissioner, how paid. 8. Land Office of the State established. Commissioner ; 9. Duties of 11. Duties, office hours, &c. 5. To make Digest of certain ing reports to Governor. (a) Secs. 1, 2 and 3, Act of Jan. 28, 1831. *The duties of Surveyor-General. Commissioner of Immigration, and Register of Public Lands are included under this Chapter. The offices of Commissioner of Immigration and Surveyor-General were consolidated by Constitutional Amendments of 1871, which are embraced in Chapter 1838, Act of 1871. The duties formerly prescribed for Register of Public Lands were devolved by Act of 1869, Chapter 1727, upon the Surveyor-General, and in the following Chapter the words "Commissioner of Lands and Immigration" are substituted for the words "Commissioner of Immigration, Surveyor-General, or Register of Public Lands" wherever they occur. 15. Duties of Register of Lands be attested by seal of Land Office; devolved upon Surveyor-General. such deeds, &c., so attested entitled to be recorded, and are to be received as evidence. 16. Acts of Surveyor-General confirmed. 17. All deeds, contracts, &c,, to 18. Fees of Commissioner. SECTION 1. The Commissioner of Lands and Immigration Commissioner shall organize a Bureau of Immigration, for the purposes of of Immigration furnishing information, and for the encouragement of immigra tion. -duties. He shall have the administrative supervision of all matters pertaining to the public lands, under such regulations as [Amended shall be prescribed by law. The office of Commissioner of 1871.] Lands and Immigration shall expire at the end of fifteen years from the ratification of this Constitution, but the Legislature shall have power to continue it by law. (a) ment Fund. SEC. 2. The Commissioner of Lands and Immigration of the Trustee InterState of Florida is hereby constituted a member, ex-officio, of nal Improvethe Board of Trustees of the Internal Improvement Fund of the State of Florida. (b) ney for vendor sale of lands. SEC. 3. The said Commissioner is empowered to act as joint Commissioner attorney in behalf of both vendor and vendee, when they may to act as attorso select, of lands within the State, receiving such accurate de- and vendee in scriptions and surveys, with such evidences of title as he may direct, and with all necessary powers of attorney to convey the same at prices fixed by the vendor in his descriptive schedule, keeping such schedules on file in his office open to the inspection of all, and publishing from time to time, without expense to the State, complete lists of such lands; and the Commissioner, in cases of sale of such lands, may retain not exceeding four per cent. of the price fixed in the descriptive schedule, to defray the expense of advertising and selling such lands. (c) SEC. 4. The Commissioner shall keep an accurate record of Record and his official doings, and make an annual report thereof, which report. shall be printed and distributed to the Legislature during the Compensation. Digest of SEC. 5. The Commissioner shall, as soon as may be, with the advice and assistance of the Chief Justice of the Supreme certain laws. Court and of the Attorney-General, prepare, publish, and distribute to immigrants a Digest of the laws of the State, in reference to the tenure and transfer of real estate, and a schedule of the State system of taxation, with such comparison with similar laws of other States as he may deem best. (c) SEC. 6. The Commissioner is empowered and directed to procare and use in his official documents and papers, an official seal, representing the arms of the State, and including his own official title. (c) (a) Sec. 9, Art. 7. Const., of 1868, as Amended in 1871. (8) Chap. 1692, Act of Feb. 1, 1869. (c) Secs. 6, 7, 8, 9 and 11, Chap. 1685, Act of Feb. 1, 1869. Secs. 1, 2, 3, 4 and 5 of Chap. 1685 are left out because they were Seal. SEC. 7. The Commissioner shall receive, in addition to the Expenses of Commissioner, salary fixed by the Constitution, his actual expenditures for and how paid. printing, and postage, and for necessary travel in the performance of his official duties; and he shall be allowed to expend, in the establishment of necessary agencies, in advertising, and in defraying contingent expenses incurred in executing the plans herein embodied, an amount not exceeding two thousand dollars per year; he shall keep an account of such expenditures, and of his actual and necessary travel, shall certify under oath before a judge of some court of record to the accuracy and justice of his account, and the same shall be payable at the time and in the manner provided for the payment of his salary. (c) Land office established. How qualified and salary. To locate lands granted to the State. SEC. 8. There shall be established a Public Land Office for the State of Florida, to be kept in one of the rooms in the basement of the Capitol; in which office shall be deposited and preserved all the records, surveys, plats, maps, field notes, patents, and all other evidence touching the title and description of the public domain, and all lands granted by Congress to this State, or which may hereafter be granted, for whatever purpose the same may be given. (d) SEC. 9. The Commissioner of Lands and Immigration shall, before he enters upon the duties of his office, give bond with good security to be approved by the Governor of this State, in the sum of fifty thousand dollars, conditioned for the faithful discharge of the duties of his office; and shall take the oath of office prescribed by the Constitution of this State; and shall have custody of all the records, surveys, plats, maps, field notes, patents, and all other evidence touching the title and description of the public domain, and all lands granted to this State by Congress, or which may hereafter be granted, for whatever purpose the same may be given, and shall receive for his services a salary of two thousand dollars per annum, to be paid quarterly out of any moneys in the Treasury not otherwise appropriated. (e) SEC. 10. The Commissioner of Lands and Immigration shall be charged with the duty of selecting and securing the various lands which have been, or may hereafter be granted to Florida by Congress, for "fixing the seat of government,' for seminaries of learning," "for internal improvements," or for any other purpose; and, in the execution of this duty, he shall have full power and authority to contract with, and employ under him, such agents, surveyors or other suitable persons, under such instructions, terms, and restrictions as he may see fit to prescribe for the public interest and security, subject nevertheless to the approval of the Governor. performed. Chap. 1658, Act of August 6, (d) Sec. 1, Chap. 54, Act of Dec. 26, 1845. (ƒ) (e) Sec. 3, Chap. 54, Act of Dec. 26, 1845, as amended by Chap. 236. Act of Jan. 9. 1849. (f) Sec. 4, Chap. 54. Act of Dec. 26, 1845. SEC. 11. It shall be the duty of the Commissioner of Lands Office hours and Immigration to keep his office open from the hours of nine and duties. to two, of each day, Sundays excepted, for the information of the public, and all who may be interested in the sale, purchase, ownership, or occupancy of the same. He shall make and execute all deeds and conveyances, and deliver the patents for all sales and transfers, and other disposition of the public domain, that may from time to time be ordered and made by authority of law, and keep a true and faithful record of the same. He shall proceed to select and secure all lands granted by Congress to this State, or which may hereafter be granted, as fast as he may be enabled to do judiciously, in conformity with the laws of the United States and this State, and shall cause the same to be classed and assigned to the respective heads, under which the several grants or donations are, or may be made, until the proper complement of each grant or donation is made up and filled, taking care to keep the several grants or donations for "fixing the seat of government," "for seminaries of learning," "for common schools," "for internal improvements," or for any other purposes, in separate books, accounts, and reports, so that the rights and interests of one shall not be blended or mixed with the rights and interests of another, and each class of land shall pay the expense of locating the same. (f) SEC. 12. The Commissioner of Lands and Immigration shall, Duties. in behalf of this State, receive from the Treasury of the United States the five per cent. on sales of the public lands, or any other sums accruing from the General Government to the seminary, common school, or internal improvement funds; and shall pay the same into the treasury of this State, keeping the same separate and distinct, under their respective proper heads. He shall hold all needful correspondence with the several land offices of the United States in this State, or with the General Land Office at Washington; and shall attend the public land sales in this State, and visit the said land offices whenever, in his opinion, the interests of this State shall require it, and do and perform all things needful and proper to advance and promote the interests of the same, and when so engaged he shall have his traveling expenses defrayed out of any moneys in the treasury, to be approved by the Governor, and audited by the Comptroller of Public Accounts, as other accounts are audited and paid independently of his stated salary. (g) SEC. 13. The Commissioner of Lands and Immigration shall Make report to make report annually to the Governor, at least ten days before the Governor, the meeting of the General Assembly, to be laid by him before them, upon the several matters committed to his charge, the progress made in the selection of the lands, the condition and disposition thereof, and the state of each of the funds, under their separate proper heads; and shall report at other times to ) Secs. 5, Chap. 54, Act of Dec. 26, (g) Sec. 6, Chap. 54, Act of Dec. 28, 1845. &c. Seal of Land Duties of Reg the Governor, whenever he may think the public interest may require it to be done. He shall provide maps or plats of all lands selected and secured, and append thereto an accurate description of the quality, situation and location of the same, and whatever else may affect the value of each tract or body of land selected and secured; taking care to keep in separate books, and maps or plats, the lands belonging to each separate fund; which books and maps or plats with the description thereof, shall be kept and preserved in his office. (g) SEC. 14. It shall be the duty of the Commissioner of Lands and Immigration for this State, to procure and keep a seal of office, with this inscription upon it, to-wit: "Florida State Land Office." (h) SEC. 15. The Commissioner of Lands and Immigration shall ister of Public have all the powers, and shall perform all the duties heretofore Lands devolved prescribed by law as the powers and duties of the Register of sioner of Lands Public Lands, in relation to the public lands of this State, and and Immigra shall use the seal formerly used by said Register of the Public upon Commis tion. Acts of Sur Lands. (i) SEC. 16. All acts hitherto performed by the Surveyor-Genveyor-General eral, which would have been legal if done by the Register of Public Lands, before the adoption of the present Constitution, are hereby declared valid and of full force, (i) confirmed. Attestation. Record. Evidence. Fees of Commissioner of Lands and Immigration. SEC. 17. That all deeds, agreements or contracts made by the Trustees of the Internal Improvement Fund, or by the Board of Education, for the conveyance of any of the lands respectively under their charge and control, or any estate or interest in said lands, shall be attested by the seal of the Florida State Land Office, and it shall be the duty of the Commissioner of Lands and Immigration, on the request of said Trustees and said Board, to affix said seal to all such deeds, agreements and contracts, and the impression of said seal upon any deed, agreement or contract, purporting to have been made by the Trustees of the Internal Improvement Fund, or by the members of the Board of Education, or by the Commissioner of Lands and Immigration, shall entitle the same to be recorded in the office appointed by law for the record of deeds in each and every county, and to be received in evidence in all the courts of the State. (j) SEC. 18. That the fees of the Commissioner of Lands and Immigration shall be as follows: For drawing township plats or maps, for each, three (3) dollars; for each certificate with seal, one (1) dollar; for search of papers or records, twentyfive cents; for drawing and transcribing records, for copying and furnishing statistical information, twenty cents for the first hundred words or fraction thereof, and ten cents for every succeeding hundred words. (k) Secs. 7, Chap. 54, Act of Dec. 26, 1845. (j) Sec. 1, Chap. 3127, Act of Feb. 20, 1879. (k) Sec. 3, Chap. 1981, Act of Feb. 14, 1874. |