Reimbursement of State by U. S. Funds received from U. S. to be given to School Fund. Limitations. Land granted subject to present debts. Preamble. Judicial proceedings. tained in not completing it according to contract, the damages to be estimated by the forfeit named in the surety bond and the difference in the price at which the work is taken, and the amount received paid into the school fund for the county. (q) SEC. 92. Whenever any canal or improvement of any river or creek has been completed and under the management as aforesaid, and enures to the benefit of commerce between the States, and comes under the laws of the United States as a navigable stream and should of right have been improved by the United States Government to facilitate commerce, it shall be the duty of the member of Congress representing the District wherein the work is made, to get up the required testimony, and with the other Representatives and our Senators, urge upon Congress the justice and obligation of repaying the State for the lands appropriated for such improvement to "facilitate commerce between the States." (q) SEC. 93. When Congress repays the State for any improvement thus made, the money or lands returned shall be placed to the credit of the Common School Fund of the State. (q) SEC. 94. The stock of the corporation for opening the navigation between the Matansas and Halifax rivers, and for the other improvements on the eastern coast of Florida, shall be subscribed and the survey commenced within two years and six months after the passage of this act, and if the report of the survey and expense as provided in section one is considered favorable by the Trustees of the Internal Improvement Fund, the work shall be completed within two years thereafter. (q) SEC. 95. The lands granted for the construction of the Matansas and Halifax Canal shall be granted subject to any indebtedness incurred under the laws of the State. (9) SEC. 96. Whereas, the Peas Creek Immigrant and Agricultural Company has wholly failed to perform the objects of the acts hereinafter named, so far as the drainage of lands or deepening of the channel of said creek, the Trustees of the Internal Improvement Fund of Florida are hereby directed to take possession and control, if they have parted with the same, or either, and to place upon the market for sale all lands for which any deed may have been made by said Trustees under the provisions of the acts, approved February 4, 1861, and February 9, 1870, respectively, or either of them, and said acts be and are hereby repealed. (r) SEC. 97. Said Trustees shall take and cause to be done and taken all steps and acts, including proceedings in law and equity, necessary or proper to remove any cloud resting on the title of said lands, and to have any deeds, agreements or contracts affecting the same by, to, or between whomsoever made, set aside and declared null, so as to make the title and right of said Trustees to said lands clear and indisputable: Provided, (q) Secs. 7, 8, 9, 10 and 11, Chap. 3327, Act of 1881. (r) Sec. 1, Chap. 3322, Act of Feb. 25, 1881. however, That nothing herein shall prevent the Trustees from Drainage. contracting hereafter for the drainage of any of said lands. (1) SEC. 98. Whereas, The Trustees of the Internal Improve- Preamble. ment Fund of this State did heretofore sell to certain innocent purchasers for cash certain lands in St. Johns county, Florida, which lands have been, in many cases, improved and cultivated at much expense by such innocent purchasers; and whereas, said lands are located in certain sections decided since the sale of said lands to be included in a land grant before made by the State to the St. Johns Railway Company; the Trustees Trustees to setof the Internal Improvement Fund are hereby directed to make tle with St. Johns Railway a settlement as soon as possible with said railway company as to lands by conveying to said railway company an equal number of sold. acres of land in St. Johns county as nearly as practicable of Terms of equal value with the land heretofore sold by said Trustees out settlement. of the land grant of said company as aforesaid, and not including the value of improvements on said lands; or said Trustees shall pay over to said company the sum of money received by said Trustees from the mistaken sale of said lands as said company shall elect: Provided, That said railway company shall first execute and deliver to said Trustees a sufficient quitclaim deed, or such deeds of said lands, which deed or deeds shall accrue to the benefit and use of said innocent purchasers of said lands, their heirs and assigns. (8) company to SEC. 99. Unless said St. Johns Railway Company shall, Time allowed within one year make full settlement with the Trustees of the for settlement: Internal Improvement Fund, as specified in the preceding sec- be barred. tion of this law, the said railway company, their successors and assigns, shall be forever estopped and barred from setting up any claim against said Internal Improvement Fund or the Trustees thereof, and from bringing or maintaining any suit or action. against said Trustees in the premises, under or by virtue of this law. (8) CHAPTER 125. JAILERS. 1. Duties of as to United States prisoners. 2. Penalties for failure to do his duty. 3. Fees of Jailers. SECTION 1. It shall be the duty of the keeper of the jail, in Jailers shall every county within this State, to receive into his custody any receive U. S. prisoner or prisoners who may be, from time to time, committed to his charge under the authority of the United States, (r) Sec. 2, Chap. 3322, Act of Feb. 25, 1881. (8) Secs. 1 and 2, Chap. 3321, Act of March 7, 1881. prisoners. Penalties for failure of duty to. Fees of jailers. and to keep safely every such prisoner or prisoners according to the warrant or precept for such commitment until he or they be discharged by due course of the laws of the United States. (a) SEC. 2. The keeper of every jail aforesaid shall be subject to the same pains and penalties for any neglect or failure of duty herein as he would be subject to by the laws of this State for the like neglect or failure in the case of a prisoner committed under the authority of the said laws: Provided always, That the United States do pay or cause to be paid to the jailer such fees as he would be entitled to for like services rendered in virtue of the existing laws of this State during the time such prisoner shall be therein confined; and, moreover, do support such of the said prisoners as shall be committed for offences. (a) SEC. 3. The fees of Jailers shall be: For keeping and providing for prisoners, not more than forty cents per day for each prisoner confined, the amount to be fixed by the County Commissioners of the county in which the prisoners are confined: Provided, That the County Commissioners in counties having an average of more than ten prisoners may, if they shall deem it advisable, advertise for proposals for feeding prisoners, and may contract for the feeding of the same to the lowest responsible bidder; for ironing and taking off irons from prisoners, fifty cents; for medicines and medical service, and attendance to prisoners, and amount of compensation allowed physicians' attendance on prisoners in jail, such amount as may be allowed by the County Commissioners: Provided, Such prisoners shall be acquitted and discharged, or shall be insolvent and unable to pay the same. (b) CHAPTER 126. JUDGMENTS. 1. Judgments at law, when pronounced and entered in any court, shall create a lien and bind real estate of defendant. 2. Not to be a lien upon land in other counties than the one in which pronounced and entered till recorded in such other county where real estate situated. 3. Judgments not to bear more than eight per cent. interest per annum. 4. All powers of attorney to confess or suffer judgment by default or otherwise, and all general releases of error made by any person before action brought, are absolutely null and void. SECTION 1. Every judgment at law and decree in equity, (a) Secs. 1 and 2, Chap. 85, Act of Jan. 5. 1847. (b) Sec. 1, Chap. 3253, Act of Feb, 28. 1881. which shall be entered and pronounced in any of the courts of Judgment to be this State, shall create a lien and be binding upon the real a lien on real estate of the defendant or defendants. (a) (1) estate. counties. SEC. 2. No judgment at law or decree in equity shall create Lien in other any lien upon the real estate of the defendant, situated in any other county than the one in which the same shall have been rendered or pronounced, until the said judgment or decree shall have been recorded in the county in which the real estate so sought to be bound may be situated. (a) SEC. 3. All judgments which may be obtained after the pas- Interest on judgments. sage of this law shall bear interest at the rate of eight per centum per annum, and no more. (b) attorney to SEC. 4. All powers of attorney for confessing or suffering Powers of judgment to pass by default or otherwise, and all general re- confess judgleases of error, made or to be made by any person or persons ment. whatsoever within this State before action brought, shall be and are hereby declared to be absolutely null and void. (c) 3. Who liable to do jury duty; petit jurors are to be drawn at exemptions. 4. Who disqualified by reason of crimes. 5. Who disqualified by reason of office. 6. Certain members of fire companies exempt from jury duty; proviso. 7. Duty of County Commissioners as to preparing list of three hundred names; qualifications required. 8. Duty of clerk as to above list; jurors, how drawn; weekly venire; exemptions. 9. Drawing to be public and (a) Secs. 1 and 2, Act of Feb. 12, 1834. special terms. 12. Duty of clerk in issuing venires. 13. Manner of serving writ of venire by sheriff. 14. Juror may be fined for nonattendance. 15. Judge may order clerk to draw special venires. 16. Special venires in capital cases. 17. Number of grand jury. 18. Court may order renire facias in cases of deficiency of grand jurors. 19. Persons so summoned com (c) Sec. 67, Act of Nov. 23, 1828. (1) 1 Fla., 133; 2 Fla., 207, 429; 5 Fla., 326, 364; 4 Fla., 284; 6 Fla., 214, 711, 721; 11 Fla., 62; 3 Fla., 176; 12 Fla., 633; 2 Fla., 634. pelled to attend and serve. 20. Grounds of challenge to Trial by jury, may be waived. and when it Grand and petit jurors. Who liable to be drawn. Exemptions. Qualifications for jurors. grand jury. 21. Oath to be administered grand jurors. 22. Who to administer oaths to witnesses before grand jury. 23. Grand jury to appoint a clerk; duty of. 24. If grand jury be dismissed before adjournment of court, may be called together again. reference to grand jury. 29. Duty of grand jury as to presenting all offences. 30. Grand jurors not to be petit jurors in certain cases. 31. Number of petit jurors in 33. By whom summoned. 25. Indictments must be kept do duty in regard to jurors. 26. Privileges of grand jurors. 27. When grand jurors may be compelled to testify. 28. Duty of State Attorney with 36. Jurors and State witesses, when entitled to pay in absence of the judge. 37. Fees of Circuit Court witnesses and jurors. SECTION 1. The right of trial by jury shall be secured to all and remain inviolate forever; but in all civil cases a jury trial may be waived by the parties in the manner to be prescribed by law. (a) SEC. 2. Grand and petit jurors shall be taken from the reg istered voters of the respective counties. The number of jurors for the trial of causes in any court may be fixed by law. (b) SEC. 3. All persons who are qualified electors of this State shall be liable to be drawn as jurors, except as hereinafter provided. (c) The following persons shall not be compelled to serve as jurors The Governor, Lieutenant-Governor, Cabinet officers, all Judges of Courts of record, Clerks of Courts, attorneys and counsellors, officers of the university, officers of colleges, preceptors and teachers of incorporated academies, one teacher in each common school, practicing physicians and surgeons, ministers of the Gospel, one miller to each grist mill, one ferryman to each licensed ferry, all superintendents, engineers, and collectors of any canal or railroad authorized by the laws of this State, any portion of which shall be actually constructed and used; all persons more than sixtyfive years of age, and all persons not of sound mind or discretion, and persons subject to any bodily infirmity amounting to disability. (c) SEC. 4. No person who is not a qualified elector of this State, or any person who shall have been convicted of bribery, forg12 Fla., 151-152. ery, perjury, larceny, or other high crime, unless restored to civil rights, shall be permitted to serve on juries. (d) (a) Sec. 3, Dec. of Rights, Const. of 1868. (b) Sec. 12, Art. 6, Const. of 1888, as amended in 1875. (c) Secs. 1 and 2. Chap. 1828, Act of Aug. 1, 1868. (d) Sec. 2, Chap. 1628, Act of Aug. 1, 1888, and Sec. 24, Art. 4, Const. of 1888. |