Bond and surety. subject to removal by the Governor for good cause shown, and the said inspectors shall receive the compensation and be subject to the rules now prescribed by law: Provided, That before any commission shall issue to said inspectors they shall enter into a bond of not less than one thousand dollars, with two good and sufficient sureties, payable to the Governor and his successors in office, conditioned to faithfully perform all the duties of such inspectors, said bonds to be approved by Clerk to apthe Clerk of the Circuit Court of the county in which said in- prove. spectors carry on their business, and filed in the office of the Secretary of State, a certified copy of which shall be as valid Certified copy. for all purposes in any court of justice as the original. (a) SEC. 2. Any person exercising the functions of an official Penalty for exinspector without first having complied with the provisions of ercising office. Section one of this chapter, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be subjected to a fine not to exceed five hundred dollars, or imprisonment in the county jail not to exceed six months. (a) Duty of such SEC. 3. When any person or persons shall desire the attendance and services of either or any of such inspectors of lumber, officer. he or they shall give notice, and inform all parties concerned and interested, of his intention of calling in the aid of such inspector, at least three days previous to the time when he shall require said inspector to inspect and measure the lumber in question; and it shall be the duty of the inspector, when summoned, to attend at the place and the day to which he may be called, and faithfully measure all lumber he may be required to do, and any report and return he may make concerning thereof shall be received as the correct admeasurement of the same: Provided, nevertheless, That the several parties interested may, at all times, be at liberty to establish the incorrectness of such return and report, in any suit regularly commenced in any court of this State having jurisdiction of the same. (b) of this law. SEC. 4. If any person or persons shall transport from any Violation of county of this State any lumber or staves without complying the provisions with the provisions of Section three of this chapter, after he, she or they have been notified by any person interested in said lumber, of their wish and intention to have the same so measured, he, she or they so offending shall forfeit to the State a How punished. sum not exceeding two hundred dollars. (b) Measurers and fees of. SEC. 5. The said inspectors shall receive the following fees for their services, to wit: Two dollars for every twenty miles inspectors, they may travel in going to and from the place at which they may be required to attend; and twelve and a half cents for every thousand superficial feet of ranging lumber; and twentyfive cents for every hundred cubic feet of live oak or cedar timber or lumber; and fifty cents for every thousand staves they may inspect and count; which said fees may be recovered in (a) Secs. 1 and 3, Chap. 2091, Act of (b) Secs. 2 and 4, Act of Nov. 21, 1828. Feb. 6, 1877. any court having jurisdiction thereof, of the several parties interested in the measuring and inspecting the lumber measured and inspected, who are hereby made jointly and severally liable therefor. (c) Allowance to widow. Widow to ac count for the same if estate prove solvent. 5. When suits authorized against of administrator until order of insolvent estates. 6. Order of payments; proviso. court. 12. Sale of lands, how had. 13. Executor, &c., shall not prefer his own claim. SECTION 1. In all cases where the estate shall be insolvent, or indebted to the full amount of the estate, the widow shall be allowed to keep as her absolute property, her implements of industry, such as cards, wheels, spun yarn of every kind, and also all the cloth and clothing made up in the family of the said widow and family, for their own use, and also such property, goods, wares, and furniture as said widow may think proper, not to exceed the appraised value of two hundred dollars. (a) SEC. 2. All executors and administrators, where they have good cause to believe that the estate of the deceased is insolvent, or indebted to the full amount of the same, after it shall be appraised, shall deliver such articles as above mentioned to the widow, and take her receipt for the same, which receipt shall be allowed the executors and administrators in their statement of the said articles; and in all cases where it may be found by executors or administrators, after delivering the property as above described to the said widow, that the estate is not insolvent, the said widow shall discount the amount of said receipt by her giving the executor or administrator so much of her one-third part or half of the estate of her de ceased husband, as the case may be. (a) SEC. 3. When any executor or administrator in this State (c) Sec. 1, Chap. 262, Act of Jan. 13, 1849, as amended by Sec. 1, Chap. 1135, Act of Feb. 8, 1861. (a) Secs. 15 and 16, Act of Nov. 20 1828. shall believe the estate committed to his charge to be indebted Insolvency, to an amount greater than the value thereof, it shall be the suggestion of. duty of such executor or administrator to file a written suggestion of such insolvency in the office of the Judge of the County Court in which letters testamentary or of administration shall have been granted; and upon the filing of such written suggestion, the said Judge shall make an order requiring such executor or administrator to file with such Judge a true and perfect schedule of the amount of said estate, consisting of the available funds, choses in action, and other effects, including the real estate; and on such schedule being filed, it shall be the duty of the said Judge to make distribution of said estate among the creditors pro rata, which distribution shall be conclusive, unless reversed upon appeal, as in other cases. (b) SEC. 4. Upon the filing of the written suggestion mentioned in the above section, the said Judge shall give notice in some newspaper published in this State, and by written notice at the court-house door in the county, for all persons having claims against said estate to appear and file the same with said Judge on or before a day to be specified in said notice, not less than six nor more than nine months, which claims, when filed, shall be authenticated in the manner prescribed by law: Provided, however, That if said claims are not so authenticated, when filed, the same may be proven to the satisfaction of such Judge at any time before the final settlement of said estate. (b) Distribution. Notice. Proviso. ized. 15 Fla., 587. order of. SEC. 5. In all cases where the claims against said estate are suits authordenied or contested by such executor or administrator, it may be lawful for such claimant to prosecute a suit at law or in equity, for the establishment of the same: Provided, That upon the rendition of a judgment or decree for said claim, the same shall be filed with the said Judge for pro rata payment, as other claims are required to be filed; but uncontested or admitted claims against said estate shall not be otherwise sued or enforced than as provided for in this section. (c) SEC. 6. Upon the final settlement of estates, under the pro- Payments, visions of Sections three, four and five of this chapter, the expenses of the administration of said estates shall be first paid, and the funeral expenses of the deceased shall be next paid, and all other claims or demands allowed against such estates shall be paid pro rata: Provided, If it shall appear that any Proviso. executor or administrator has fraudulently filed such suggestion of insolvency, knowing that said estate is not insolvent, he shall pay the costs occasioned thereby; and in that event the estate shall be finally settled; and after payment of all the debts, the residue of the estate, if any remain, shall be distributed to those entitled by law. (c) (b) Secs. 1 and 2, Chap. 527, Act of Jan. 8, 1853. (c) Secs. 3 and 4, Chap. 527, Act of Jan. 8, 1853. 11 Fla., 111. SEC. 7. The physician or surgeon's bills for attending the Physicians' and surgeons' bills. intestate or testator during his last sickness shall stand upon the same footing as funeral expenses in the payment of debts of an insolvent estate. (d) Bill in Circuit Fees. 14 Fla., 537. Claims, contest of. main in hands of executors and administrators. SEC. 8. In all cases where the estate of an intestate or testator shall exceed the gross amount of five hundred dollars, it shall be lawful for the executor or administrator thereof to file his or her bill in the chancery side of the Circuit Courts of this State, suggesting the probable insolvency of such estate; and the Judge of said court may order publication to be made requiring claims to be filed in said court on or before a time to be specified in said order; and the said bill shall contain, as near as may be, a true and perfect statement of said estate e; and said court may proceed to settle such estates, and pay the claims pro rata, as Courts of Probate are required to do. (e) SEC. 9. Judges of the County Courts shall receive the same fees and compensation for services performed, as are allowed by law for similar services. (e) SEC. 10. Each claimant or creditor of such insolvent estate shall have a right to contest the claim or demand against said estate of all other claimants or creditors, notwithstanding the same shall have been uncontested or admitted by said executor or administrator. (ƒ) SEC. 11. All the assets, real and personal, belonging to an Amounts to re- insolvent estate, shall, after the suggestion of insolvency, remain in the hands of the executor or administrator until the pro rata distribution of the assets is ordered by the court ; and the court shall, if in his judgment it is necessary when insolvency is suggested, require security or additional security from them for the same. 13 Fla., 615. (g) SEC. 12. Lands, tenements or hereditaments belonging to an Sales of lands. insolvent estate, after the suggestion of the insolvency, shall be sold under the same proceeding now required to sell lands belonging to an estate to pay debts. (g) not prefer his own claims. SEC. 13. If a creditor be appointed the executor or execuExecutor shall trix, administrator or administratrix of an estate, and the said estate be insolvent, he or she shall not thereby be entitled to prefer his or her debts to the exclusion of other demands against said estate; but shall be bound to make a pro rata settlement of all demands which may be rendered in according to law. 6 Fla., 25. (h) (d) Sec. 1, Chap. 3016, Act of Feb. 27, 1877. (e) Secs. 5 and 6, Chap. 527. Act of Jan. 8, 1853. (f) Sec. 7, Chap. 527, Act of Jan. 8. 1853. (g) Secs. 2 and 3, Chap. 3016, Act of Feb. 27, 1877. (h) Sec. 3, Act of Feb. 15, 1834. CHAPTER 123. INTEREST. 1. What shall be legal rate of in- interest expressed on face of con terest. 2. No usury to loan money at higher than legal rate; when no tract, legal rate understood. 3. Usury laws repealed. to be 8 per cent. SECTION 1. The legal rate of interest to be charged on all Rate of interest notes, money or liability of whatsoever character, and upon all judgments, shall be eight per centum per annum. (a) money at a SEC. 2. It shall not be usury to loan or to borrow money, Not usury to bonds or notes at rates beyond those now allowed by law: loan or borrow Provided, That in all cases where interest shall accrue with- greater interest. out a contract having been made, and on judgments, the rate of interest shall remain as now fixed or may be hereafter fixed by law. (b) (1) SEC. 3. All laws or parts of laws inconsistent with the above usury laws provisions and making it usury to loan money, notes, bonds, repealed. &c., at optional rates, are hereby repealed. (b) CHAPTER 124. INTERNAL IMPROVEMENTS. 1. What shall constitute the Internal Improvement Fund. 2. Who shall constitute Board of Trustees of the Internal Improvemnnt Fund; duties of the members of the Board. 3. Bonds issued to any Railroad Company under this act; when to be recorded and by whom countersigned. These Bonds to be a first lien upon all such railroad property; what shall constitute a Sinking Fund. Manner of proceeding in case railroads fail to pay such Sinking Fund; purchasers of road, after sale, to continue paying Sinking Fund. (a) Chap. 1483, Act of Jan. 13, 1866. 4. What lines of Railroads and Canals shall be considered objects to be aided by the Internal Improvement Fund. 5. What other roads entitled to aid from the Fund. 6. Railroads accepting the provisions of this act, to give notice to Board of Trustees. 7. What railroads shall do before entitled to the provisions of this act. 8. Duty of State Engineer as to examination of roads, and to whom to report. 9. Details of construction, when and by whom modified. (b) Secs. 1 and 2, Chap. 1562, Act of Dec. 12, 1866. (1) 1 Fla., 447; 2 Fla., 445; 5 Fla., 345; 8 Fla., 162, 214; 9 Fla., 490; 16 Fla., 510, 677. |