Clerk's compensation. Issue bonds. &c. Taxes. 13 Fla., 451. Accounts. 16 Fla., 171. General powers. Pay of County Provided, That the bonds in all cases shall be in double the amount of money that may at any time come into the hands of such officers. Ninth. To regulate the compensation of the county clerk or auditor while acting for the county or for the Board of County Commissioners. Tenth. To issue bonds in their respective counties for the purpose of erecting a court-house, jail, and to fund the present outstanding indebtedness, and to prescribe the rate of interest thereon; Provided, That no bonds shall be issued except the same shall be ordered by a majority of the registered voters in the respective counties. (b) Eleventh. To apportion and order the levy of all county tax in accordance with the law, either for specific or general purposes. Twelfth. To approve all accounts against the counties before the same shall be audited by the clerk. Thirteenth. To perform all other acts and duties which may be authorized and required by law. (c) SEC. 3. The County Commissioners shall be paid two dollars Commissioners per day for each day's service, and ten cents per mile for each mile actually traveled in going to and from the court-house: And provided, That their per diem pay shall not exceed fifty dollars each per annum. (d) Costs in crim inal cases may SEC. 4. The County Commissioners may, in their discretion, be rejected by reject any amount for costs in criminal cases before Justices, or allow the same in whole or in part as they see fit. (e) County Com missioners. Auditing the State. SEC. 5. All costs or charges properly chargeable to the State, charges against shall, before being presented to the Comptroller, to be by him audited or allowed, be certified by the County Commissioners that the services charged against the State were rendered, and that the same were necessary for the faithful administration of the laws, and that the amount charged is correct, from the evidence produced by said officer. (ƒ) County Comnissioners to allow insolvent ist and commissions. 14 Fla., 146, SEC. 6. The Board of County Commissioners of each and every county in this State shall, in each and every year, hold at their respective county seats a court or session, for the purpose of examining the lists of insolvencies and overcharges that may be returned by the collectors of revenue of their respective counties, and shall certify such allowance as may appear just and right to the Comptroller of the treasury, who shall allow the same so certified to the collector of revenue in the settlement of his accounts; the said court or Board shall have power to grant relief to all such persons as may have been overcharged or improperly taxed in any way or manner whatever. (g) (b) Sec. 1. Chap. 1882, Act of Feb. 16, 1872, as amended by Chap. 3039, Sec. 1, Act of March 2, 1877. (c) Sec. 1, Chap. 1882, Act of Feb. 16, 1872. (d) Sec. 6. Chap. 3106, Act of March 7, (e) Sec. 54, Chap. 2040, Act of Feb. 27. 1875. (f) Sec. 3, Chap. 1815, Act of June 6, 1870. (g) Sec. 30, Chap. 10, Act of July 24, 1845. SEC. 7. The Board of County Commissioners of the respect- Disbursement ive counties of this State be, and they are hereby required of county taxes. to make out, at their first regular sitting in every year, a full and complete statement of all moneys collected by county tax, or otherwise received for county purposes, and the disbursement of the same; stating the name of each person to whom, and upon what account the same was paid, and the date of said payment; and they shall cause at least two copies of the same to be posted in two of the most public places in their said county, one of which shall be the court-house; and if there is a newspaper published in said county, they shall cause a pub- Publication. lication of the said statement to be made, provided the expense of such publication shall not exceed the sum of ten dollars. (h) SEC. 8. The said Board of County Commissioners shall be, Grand jury and they are hereby required to deliver to the foreman of the to examine. grand jury, a copy of said statement, at the first session of the Circuit Court of said county next ensuing the time specified for making out said statement; and it shall be the duty of said grand jury to examine into the correctness of said statement, and report thereon to the Judge presiding at said court. (i) SEC. 9. It shall be the duty of the County Commissioners What to be to keep their books open for inspection, and the particular published. items of the annual expenditures shall be published either in some newspaper in said county or at the court-house door. (j) Fines for SEC. 10. The Board of Commissioners of the several coun- Protection of ties of this State, shall have authority to make such regula- bridges. tions, and pass such resolutions for the protection and preservation of the bridges in their respective counties, as they may deem necessary to secure that object, and impose such fines (not less than five nor more than twenty dollars, with costs of violations. suit,) for violations of such regulations, as in their judgment shall seem requisite and just, which fines may be collected in the How collected. same manner as is provided by, existing statutes for the collection of fines imposed for "Obstructions of Roads," and appropriated by the said County Commissioners as directed by the statutes for the appropriation of the latter class of fines. (k) Board of County SEC. 11. Each Board of County Commissioners in this State shall have power to fine any person who may be guilty of con- Commissioners may punish tempt to their body while in session, in a sum not exceeding contempts. twenty dollars, or to imprison such person not exceeding twenty-four hours, for such offence. (1) SEC. 12. No warrant shall be hereafter issued upon the Warrants on county treasurer, unless countersigned and attested by the County Treas urer-how Chairman of the Board of County Commissioners, and war- issued. (h) Sec. 1. Chap. 158. Act of Dec. 27, 1847, as amended by Chap. 370, Act of Jan. 14. 1851. (i) Sec. 2, Chap. 156, Act of Dec. 27, 1847. (j) Chap. 863, Act of Jan. 15, 1859. rants shall be issued by the Board of County Commissioners only in open session. The auditor of said Board shall sign and affix his seal of office thereto, and shall number each warrant with its appropriate number, and the number and amount of each warrant, with the name of the person in whose favor the same shall be issued, shall be furnished to the county treasurer within ten days after the same shall have been issued. The treasurer shall not pay any warrant before receiving notice County Treas from the clerk of the Board of County Commissioners, stating the number and amount of such warrant, and to whom issued. (m) Notification to urer. County Commissioners to warrants. SEC. 13. It shall be the duty of every Board of County Commissioners to keep a record of all warrants in the order in keep record of which they are issued, with the numbers of the same, which record shall be presented to each grand jury for its inspection and examination, and no money for any purpose whatever shall be drawn from the county treasury except upon a warrant issued and attested as provided for in section twelve. (m) Limitation. Penalty. Accounts to be paid by counties. Appeal authorized. Bond to be given. Condition. SEC. 14. Every claim against any county in this State shall be presented to the Board of County Commissioners within one year from the time said claim shall become due, and shall be barred if not so presented. (m) SEC. 15. Any person wilfully violating sections twelve and thirteen shall be guilty of malfeasance in office, and upon indictment and conviction shall be fined not less than ten nor more than five hundred dollars, or be confined in the State prison not less than one nor more than three years, or both, in the discretion of the court. (m) SEC. 16. All accounts due to county officers, and unpaid, which, under the Constitution, should be paid by the counties, shall be paid by the counties, any law now existing to the contrary notwithstanding. (n) SEC. 17. Any person who may feel aggrieved by any order, judgment or sentence of the Board of County Commissioners, may appeal from said order, judgment or sentence to the Circuit Court of the county, and such appeal shall in all cases operate as a supersedeas: Provided, The persons, or those appealing, shall enter into bond with security, conditioned for prosecuting said appeal with effect, and for performing the judgment, sentence or order which the Circuit Court shall pass or make thereon, in case the appellant shall have the cause decided against him. (0) SEC. 18. The appeal may be taken at any time within four appeals can be days after the adjournment of the Board from decisions made Time in which taken. by them. (p) SEC. 19. It shall be the duty of the party appealing to file (m) Secs. 1, 2, 3 and 4, Chap. 2086, Act of Feb. 6, 1877. (n) Sec. 1. Chap. 3299, Act of Feb. 28, 1881. (0) Sec. 1, Chap. 726, Act of Dec. 12, 1855, as amended by Sec. 2, Chap. 1009, Act of 1859. (p) Sec. 1. Chap. 1009, Act of Dec. 19. 1859. with the Clerk of the Circuit Court on or before the first day Copy of record of the next term of said court, a copy of the appeal bond, to- and bond to be gether with a copy of the record in the case, which copies it shall be the duty of the Chairman of the Board of County Fees to Presi filed. dent of Board Commissioners to furnish, who shall be paid therefor the same for copy of fees as are allowed by law to the Clerks of the Circuit Court record. for similar services. (q) SEC. 20. The Circuit Courts of this State, to which any ap- Appeal to be peal may hereafter be taken from the decisions of the Boards tried de novo. of County Commissioners, shall proceed to try said appeal upon the merits de novo. (r) SEC. 21. The County Commissioners of the several counties Commissioners of this State shall sue and be sued in the name of the county may sue, &c.. in of which they are Commissioners. (s) name of county. SEC. 22. In all suits against counties service of the writ of service of summons shall be made upon the Chairman of the Board of summons. County Commissioners, and at least two others of the Board of the county sued. (8) SEC. 23. In all suits now pending, or that may be hereafter Change of the commenced against or by a county, a change in the persons Board not to personnel of composing the Board of County Commissioners shall not abate affect suit. the suit, but it shall be proceeded with as if such change had not taken place. (8) grant leave to SEC. 24. The County Commissioners of the several counties County Comshall have power to grant leave to applicants upon the condi- missioners may tions provided in sections twenty-five and twenty-six, to estab-establish ferries, loglish ferries, toll-bridges, mills and dams, and log ditches, upon ditches, dams. and across the rivers and streams of their respective counties. &c., &c. (t) for leave. &c. SEC. 25. That any person desiring the benefits of section Notice of intentwenty-four shall advertise in a newspaper published in the tion to apply county wherein the privilege is to be granted, or in a newspaper in the adjoining or nearest county therein; and shall also publish in three conspicuous places in said county his intention to apply to the County Commissioners for leave, specify- Application. ing the object of his application to the Commissioners aforesaid, which application shall be in writing, particularly describing the river or stream, and locality thereupon, with the width thereof, and the depth of water where he, she or they desire to erect or establish a mill-dam, bridge, ferry or log ditches as aforesaid. (t) SEC. 26. Whenever an application is granted, as aforesaid, Certificate the clerk of the Board of County Commissioners shall issue of grant. his certificate under seal, specifying the privileges therein granted, for which he shall receive the fees already prescribed Fees. by law for like services. (t) (g) Sec. 2. Chap. 726, Act of Dec. 12. 1855. (r) Sec. 3, Chap. 1009, Act of Dec. 19, (s) Secs. 1, 2 and 3, Chap. 3242, Act of Feb. 28. 1881. (t) Secs. 1, 2, 3 and 4, Chap. 3300, Act of March 7, 1881. Employment of convicts. Rules and regulations. Time of labor. CHAPTER 47. COUNTY CONVICTS. 1. County Commissioners to make provision for employment of Convicts in county jails; to make rules and regulations. be credited. 4. County Commissioners may hire out county Convicts; proceeds of labor, to whom paid; what to 2. Time of labor; amount to be constitute day's work. credited. 3. Persons convicted in Justices' Courts may be employed at public work time of labor; amount to 5. Proceeds of labor to pay fines. 6. Contractor not to shackle prisoners. SECTION 1. The Board of County Commissioners of the several counties of this State may employ all persons imprisoned in the jails of the several counties in this State, under sentence upon conviction for crime, or for a failure to pay a fine and costs imposed upon conviction for crime, at labor upon the streets of incorporated cities or towns, upon the roads, bridges and public works in the several counties where they are so imprisoned, and to make all needful rules and regulations for their safe keeping, government and discipline while so employed. (a) SEC. 2. All convicts employed under the provisions of the foregoing section shall not be required to labor more than ten hours per day, and shall receive a credit at the rate of thirty Credit for labor. cents per day, with subsistence, for such labor, which shall be credited on the amount of fine and costs charged against them. (a) Convicts may SEC. 3. Every male person convicted of any offence in a Jusbe employed at tice's court, and sentenced to imprisonment in the county jail, manual labor. or imprisoned for the non-payment of a fine or costs under the provisions of this chapter, may be employed at such manual labor as may be directed by the County Commissioners of the county, in or upon any buildings, yards, streets, roads, bridges, or public works of any kind within their county, and under such regulations as they may prescribe, but not to exceed ten hours' labor in each twenty-four hours; and any person imprisCredit for labor, oned for the non-payment of any fine or costs shall be credited on account thereof with the sum of fifty cents for each day's labor so performed, in addition to the charge for subsistence. (b) Time of labor. County Com SEC. 4. The County Commissioners of the several counties missioners may of this State shall be, and they are hereby authorized to hire hire ont county out, upon such terms and conditions as they may deem advisable, any and all persons convicted of any criminal offence and jail convicts. (a) Secs. 1 and 2, Chap. 2090, Act of March 7, 1877. (b) Sec. 31, Chap. 2093, Act of March 2, 1877. |