sentenced to confinement in the county jail, for any time during the period of such confinement, and the proceeds arising Proceeds. from such contracts shall be paid into the county treasury: Provided, That no such convict shall be required to work more Days' work. than ten hours in each twenty-four hours. (c)

fines.

SEC. 5. When any person is confined in the county jail under Application of sentence to pay a fine, such person may be hired out by the proceeds to Board of County Commissioners in the manner provided in the preceeding section, and the proceeds arising from such contract shall be applied to the payment of each fine. (c)

SEC. 6. No contractor, under the provisions of this chapter, Prisoners not to shall have the right to chain or shackle the prisoner so hired, be shackled. (e)

CHAPTER 48.

COUNTY SITES.

1. How County Site may be elections; returns, to whom made.

changed.

2. County Commissioners may order election for changing County Site, when.

3. Manner of conducting these

4. Canvass, by whom made; when Court-house and Jail to be erected; offices for all county officers to be provided.

change county site.

SECTION 1. The registered voters of any county in this State, Petition to wishing to change the location of their county site, shall present to the Board of County Commissioners of such county a petition signed by one-third of the registered voters, praying for a change of the location of such county site. (a)

order election.

SEC. 2. The County Commissioners of any county in this County ComState upon receiving such petition as specified in the above missioners to section shall order an election at the several precincts in such county for the location of such county site, giving at least thirty days' notice thereof. (a)

Election and

SEC. 3. All elections held under the provisions of this law shall be conducted in the usual manner now prescribed by law returns. for holding elections in this State, and the returns of such elections shall be made to the County Commissioners, or to the clerk thereof, under seal.

(a)

missioners.

SEC. 4. The County Commissioners, as aforesaid, shall, on Canvass by the fifth day after such election, ordered as aforesaid, publicly County Comcanvass the same, and the place receiving a majority of the number of votes cast at such election shall be the county site Majority of of said county for ten years, and it shall be the duty of said elects. Commissioners to erect as soon as possible a court-house and

(e) Secs. 1, 2 and 3. Chap. 3137, Act of March 8, 1879.

(@) Secs. 1, 2 and 3. Chap. 1890, Act of Feb. 27, 1872.

votes cast

Court-house, jail, and to provide suitable offices for all county officers, as jail and offices. are required by law to keep their office at the court-house, at the place so selected as the county site aforesaid. (b)

Duties of
Surveyor.

Oath of office.

Fees.

CHAPTER 49.

COUNTY SURVEYOR.

1. Duties of County Surveyor.

3. Fees of Surveyor; who to pay

2. Oath of office; duties as to chain-bearers. making plats, &c.

SECTION 1. It shall be the duty of the County Surveyor to make accurate surveys of all lands and lots which he is called upon to survey, by any person residing in the county, or claiming or owning land in the same, or required to make by order of the Circuit Court. (a)

SEC. 2. The said Surveyor shall take an oath before any officer authorized to administer the same, faithfully to perform the duties of his office, without favor or affection; and the Surveyor shall swear his chain-bearers; and he shall make a plat of all or any land or lots he may survey for the owner of the same; and for any irregular or unlawful survey, or false certificate or plat, the said Surveyor shall be liable to an action for damages by any of the parties. (a)

SEC. 3. The County Surveyors of the several counties in this State shall be entitled to the following fees, viz: For every day's actual service he shall receive five dollars per day from the day he leaves his home until such survey is finished; and the person employing such County Surveyor shall pay the chain-bearers. (b)

urers.

SECTION 1. It shall be the duty of every County Treasurer to Duties of open an account with himself in a well-bound book, to be fur- County Treasnished by his county, and shall charge himself with all moneys which he may officially receive, specifying the source from whence received, the date of receiving and on what account, and the amount, in distinct and separate items, which shall show the amount of currency and the amount of scrip, and the respective kind and amounts thereof, and in like manner to credit the said account with all payments, setting out the amount, date, and the name in whose favor the order for payment is drawn, and the date of payment. The account shall be properly balanced on the first days of January, April, July and October in each year. (a)

exhibit to County Com

SEC. 2. Every County Treasurer shall lay before the Board Account and of County Commissioners of his county a copy of his said accounts, signed by him, and exhibit his books for inspection at missioners. their first session after the first day of January, April, July and October, or oftener if requested by the County Commissioners, which account shall be filed by the said Commissioners with the clerk of the county, and be subject to the inspection of the grand juries. (a)

SEC. 3. It shall be the duty of the said Commissioners to Publication of have a copy of said accounts rendered every quarter as afore- account. said, to be published or posted in a permanent and secure manner in the clerk's office. (a)

SEC. 4. No County Treasurer, who shall fail for three months Forfeiture of during any year to perform the duties hereby required, shall commission. be entitled to any commissions or compensation as Treasurer

during said year. (a)

Treasurer.

SEC. 5. County Treasurers shall be required to give bonds Bond required to the Governor in a sum to be fixed by the County Commis- of County sioners, which shall in no county be less than double the amount of money that may at any one time come into the Treasurer's hands, and the sureties shall be required to justify. (b)

SEC. 6. The County Treasurers of the several counties in this Treasurer of State shall be and the same are hereby constituted the Treas- school funds. urers of the School Funds in their respective counties. (c) (1)

SEC. 7. The fees of the County Treasurers shall be as fol- Fees of County lows, viz: For receiving the first five hundred dollars, one and Treasurer. one-half per cent.; for all over five hundred dollars, one per cent.; for paying warrants or other evidences of county indebtedness, the same as allowed for receiving. (d)

(a) Secs. 1, 2, 3 and 4, Chap. 1883, Act of Feb. 17, 1872.

(b) Chap. 1957, Act of Feb. 18, 1873.

(c) Chap. 2085, Act of Feb. 27, 1877.
(d) Sec. 11, Chap. 1981, Act of Feb. 14,
1874.

(1) State of Florida ex rel. vs. County Commissioners Gadsden county, 17 Fla., 418.

County Court.

CHAPTER 51.

COURTS-COUNTY,

18. Power of County Courts to sell and divide real property.

19. Certain orders as to military land warrants declared valid, and

5. When Judge to give bond; authorized to grant such orders. conditions of bond.

SECTION 1. There shall be a County Court organized in each county. The Governor shall appoint a County Judge for such Judge-how ap- county, who shall be confirmed by the Senate; and such Judge shall hold his office for four years from the date of his com

pointed, term

of office.

Courts.

mission, or until his successor is appointed and qualified. (o) SEC. 2. The County Court shall have power to take probate Jurisdiction of of wills, to grant letters testamentary, and of administration the Counts and guardianship, to attend the setttlement of the estates of decedents and of minors, and to discharge the duties usually pertaining to Courts of Probate, subject to the direction and supervision of the appellate and equity jurisdiction of the Circuit Court, as may be provided by law. And the County 12 Fla., 27. Judges shall have and exercise the civil and criminal jurisdiction of Justices of the Peace. They may also have jurisdiction of such proceedings relating to the forcible entry or unlawful detention of lands and tenements, subject to the appellate jurisdiction of the Circuit Court, as may be provided by law. (b)

15 Fla., 9.

record.

SEC. 3. The County Courts shall be courts of record, and Courts of shall be provided with a seal; and shall have jurisdiction in cases of forcible entry and unlawful detention of real estate, Jurisdiction. and shall have full surrogate and probate powers, and such other jurisdiction as is conferred by law under the Constitution of this State. (c)

SEC. 4. The Judge of said County Court, sitting as a Court of Probate, or otherwise, shall have like power as the Judges of the Circuit Court, to punish for contempt, to attach all persons summoned as jurors or witnesses, for failure to attend ; and it shall have further authority to make all orders or decrees, and to issue every and all process necessary to maintain and carry out its constitutional jurisdiction, or to enforce its authority, or to enter and enforce its judgments and decrees in all matters wherein it has jurisdiction, whether such matters be civil or criminal. (d)

Contempts.

Power as to

process.

bond.

SEC. 5. Every Judge of Probate shall, before entering upon Judge of Prothe duties of his office, give bond with two sufficient securities bate to give in a sum to be fixed by the County Commissioners, not less than five hundred nor more than five thousand dollars, to the Governor and his successors in office, conditioned for the faith- Condition. ful discharge of his duties, which bond shall be approved by the County Commissioners, and filed with the Clerk of the Circuit Court. (e)

SEC. 6. Said bond may be prosecuted or sued upon from How sued on. time to time, in the name of the Governor, for the use of any person or persons interested or aggrieved. (e)

SEC. 7. All records, judgments and orders of the late County Records of

Criminal and

* Criminal Courts and Probate Courts shall be taken and held County, to be the record, judgment and orders of the County Courts, Probate Courts. organized under the present Constitution, subject to the like amendment, enforcements and execution, as though the same

(a) Sec. 9. Art. 6. Const. of 1868.

(b) Sec. 11. Art. 6. Const. of 1868, as amended in 1875.

(e) Sec. 2. Chap. 1627. Act of Aug. 4. 1868. as amended by Constitutional Amendment of 1875.

(d) Sec. 3, Chap. 1627, Act of Aug. 4. 1868.

(e) Secs. 4 and 5, Chap. 626, Act of Jan. 10, 1855.