What ordinanresolutions are ces, laws and not in force. esteemed laws of the State. CHAPTER 138. LAWS-COMMON AND STATUTE. 1. What laws, resolutions, &c., land. not in force. 2. What shall be esteemed laws of this State. 3. What other laws considered valid; what proceedings of courts considerd valid; when widow allowed to claim property of deceased persons; protection allowed to certain officers; bonds, fines, &c., heretofore accruing to the State, shall continue to do so; criminal prosecutions continued; actions at law and suits in chancery shall continue; what judgments and decrees declared valid; when statute of limitation to be pleaded. 6. Proceedings of military officers between January, 1861, and 1868, declared valid; officers not subject to arrest. 7. What parts of the common and statute law of England in force in this State; certain provi sos. 8. Certain laws and ordinances abrogated. 9. Proceedings in certain courts declared valid. 10. Governor to appoint person to collect and arrange all the statutes of Great Britain in force in this State; amount to be paid such 4. What liabilities of the State person. declared null and void. 5. No money to be appropriated to reimburse certain purchasers of 11. No statute revived by implication. SECTION 1. All ordinances and resolutions heretofore passed by any convention of the people, and all acts and resolutions of the Legislature conflicting or inconsistent with the Constitution of the United States and the statutes thereof, and with this Constitution, and in derogation of the existence or position of this State as one of the States of the United States of America, are hereby declared null and void, and of no effect. (a) SEC. 2. All acts and resolutions of the General Assembly, What shall be and all official acts of the civil officers of the State, not inconsistent with the provisions of the Constitution and statutes of the United States or with this Constitution, or with any ordinance or resolution adopted by this convention, and which have not been, and are not by this Constitution annulled, are in force, and shall be considered and esteemed as the laws of the State until such acts or resolutions shall be repealed by the Legislature of the State or this convention. (a) Other laws SEC. 3. All laws of the State passed by the so-called General shall be valid. Assembly since the 10th day of January, A. D. 1861, not conflicting with the word or spirit of the Constitution and laws of the United States, or with this Constitution, shall be valid. (a) Secs. 1 and 2, Art. 15, Const. of 1868. are valid. Protection the State and bonds made All writs, acts, proceedings, judgments and decrees of the so- What proceedcalled courts of the State, where actual service was made on ings of courts the defendant, all executions and sales made thereunder, and all acts, orders and proceedings of the Judges of Probate, and of executors, administrators, guardians and trustees, provided they were in conformity with the laws then in force, and did not conflict with the Constitution and laws of the United States and this Constitution, shall be valid; the sales of the property or effects of deceased persons shall not prevent the widow from Widow may claiming said property in kind, in whosesoever hands the same claim proper property may be found, when the sale had not been made for the pur- persons, when. pose of paying the debts of the deceased, and where other than lawful money of the United States was obtained for said property. Nothing herein contained shall be so construed as to make any one who, as an officer of any court, or who acted un-extended to der the authority of any court, individually liable, provided civil officers. they acted strictly in accordance with what was then considered the law of the State, and not conflicting with the Constitution and laws of the United States. All fines, penal- Sums accruing ties, forfeitures, obligations and escheats heretofore accruing heretofore to to the State of Florida shall continue to accrue to the use all recogniof the State. All recognizances heretofore taken shall re- zances and main valid, and all bonds executed to the Governor of the valid. State of Florida, either before or since the 10th day of January, A. D. 1861, or to any other officer of the State in his official capacity, shall be of full force and virtue for the uses therein respectively expressed, and may be sued for and recovered accordingly, unless they were contrary to the laws of the United States, or to this Constitution, or to any ordinance or resolution adopted by this convention; also all criminal prosecutions Criminal prosewhich have arisen may be prosecuted to judgment and execu- be prosecuted. tion in the name of the State. All actions at law, or suits in Actions at law chancery, or any proceedings pending in the courts of this and suits in State, either prior to or subsequent to the 10th day of January, continue. A. D. 1861, shall continue in all respects valid, and may be prosecuted to judgment and decree. All judgments and deJudgments and crees rendered in civil causes in any of the courts of the State decree during during the period of time above specified, are hereby declared certain time of full force, validity and effect: Provided, That unless otherwise provided in this Constitution the statute of limitation when statute shall not be pleaded upon any claim in the hands of any person shall not be for the period of time between the 10th day of January, A. D. pleaded. 1861, and the 25th day of October, A. D. 1865, whether proceedings at law had been commenced before the 25th day of October, A. D. 1865, or not. (b) cutions may chancery shall declared valid. of limitation SEC. 4. State treasury notes, all bonds issued, and all other Certain liabililiabilities contracted by the State of Florida, or any county or ties of State, city thereof, on and after the 10th day of January, A. D. 1861, null and void. and before the 25th day of October, A. D. 1865, except such (b) Sec. 3, Art. 15, Const. of 1868. &c., declared Purchasers of liabilities as may be due to the seminary or school fund, be and are declared null and void, and the Legislature shall have no power to provide for the payment of the same, or any part thereof; but this shall not be construed so as to invalidate any authorized liabilities of the State contracted prior to the 10th day of January, A. D. 1861, or subsequent to the 25th day of October, A. D. 1865. (b) SEC. 5. No money shall ever be appropriated by this State U. S. lands from to reimburse purchasers of United States land who purchased State not to be the same of the State of Florida. (b) reimbursed. Proceedings of civil and military officers of U. S. after Jan. valid. 1861, declared SEC. 6. All proceedings, decisions or actions accomplished by civil or military officers acting under authority of the United States subsequent to the 10th day of January, A. D. 1861, and prior to the final restoration of the State to the government of the United States, are hereby declared valid, and shall not be subject to adjudication in the courts of this State; nor shall any person acting in the capacity of a soldier or offiOfficers not sub-cer of the United States, civil or military, be subject to arrest for any act performed by him pursuant to authorized instructions from his superior officers duing the period of time above designated. (b) ject to arrest. Common law and certain statutes de clared in force. 10 Fla., 145. 2 Fla., 594. 11 Fla., 113. 8 Fla., 46-276. 4 Fla., 445. 6 Fla., 13. 7 Fla., 13. 8 Fla., 46. Ordinances, &c., in force prior to 22d July, 1822, abrogated. Certain pro SEC. 7. The common and statute laws of England, which are of a general and not of a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, be, and the same are hereby declared to be of force in this State: Provided, The said statutes and common law be not inconsistent with the Constitution and laws of the United States, and the acts of the General Assembly of this State: And provided, also, That none of the British statutes respecting crimes and misdemeanors shall be in force in this State, except statutes declaratory of and in aid of the common law; nor shall any person be punished by the said common law, when there is an existing provision by the statutes of this State on the subject; but when there exists no such provision by statute of the State, then the several courts of this State shall proceed to punish such offence by fine and imprisonment: Provided, That in no case the fine shall exceed five hundred dollars, or the imprisonment twelve months. (c) SEC. 8. All the laws and ordinances in force in this State to the 22d day of July, 1822, be, and the same are hereby repealed: Provided, nevertheless, That all causes of action arising under, and founded on any of said laws and ordinances, shall be judicially determined according to the principles and rules of said laws and ordinances, anything in Sections seven, eight and nine of this chapter, to the contrary notwithstanding. (c) SEC. 9. All proceedings which have heretofore been had and ceedings valid. done in the different courts of this State, in accordance with (b) Secs. 4, 5 and 6, Art. 15, Const. of (c) Secs. 1 and 2, Act of Nov. 6, 1829. the provisions of Sections seven and eight of this chapter, be, and they are hereby declared to be good and valid. (c) SEC. 10. His Excellency, the Governor, is hereby authorized Digest of Brit. to appoint some suitable person to collect and arrange, under ish statutes appropriate heads, all the statutes of Great Britain, of force to be made. in this State; and upon the completion of said work, and its approval by the Governor, after having been first submitted to the examination of three skillful and experienced members of the bar, he, the said Governor, shall contract for the publication of such a number of volumes, not exceeding three thousand, subject to the future disposition of the General Assembly; and may issue his warrant upon the Treasury, in favor of said compiler, for such sum as he may deem reasonable and just. (d) SEC. 11. No statute of this State which has been repealed Obsolete shall ever be revived by implication; that is to say, if a stat- statutes. ute be passed repealing a former statute, and a third statute be passed repealing the second, the repeal of the second statute shall in no case be construed to revive the first, unless 16 Fla., 171. there be express words in the said third statute for this pur- 15 Fla., 355. pose. (e) 7 Fla., 13. CHAPTER 139. LAWS DIGEST OF. 1. A Digest of the Laws to be added. be made; what to contain. 9. Digest to be printed; who to 2. Superfluous matter to be supervise printing. omitted. 10. Laws of 1881 to be added; 3. Constitutions to be added as pay for adding these laws. an Appendix. 11. Who to make contract for 4. Governor to appoint person binding and printing; number of SECTION 1. A Digest of the Laws of this State shall be (e) Sec. 3, Act of Nov. 6, 1829. (d) Chap. 46, Act of Dec. 27, 1845. (e) Act of Nov. 2, 1828. lutions to be embraced. Acts and reso formed and arranged, embracing substantially all the acts and resolutions of the Territorial Legislature heretofore passed, and all acts and resolutions of the Legislature of the State of Florida heretofore passed, and which may be passed during the present session of said Legislature, which are public and general in their character, and now in force in this State. (a) SEC. 2. In the formation of such Digest all useless verbiage or superfluous matter, and all that has a tendency to mystify or obscure the true meaning of any act or section thereof, shall be carefully omitted and the same noted, and the laws shall be arranged under appropriate heads; all relating to one subject under the same head; the whole to be accompanied with marginal notes and a suitable index. (a) Superfluous matter to be omitted. Appendix. Governor to to make. SEC. 3. To the said Digest shall be attached an appendix containing the Constitution of the United States and of the State of Florida. (a) SEC. 4. The Governor of the State shall appoint some fit and appoint person proper person to form and arrange a Digest in pursuance of this chapter, who shall report the same when completed to the Justices of the Supreme Court, to be by them revised and examined, who shall report the same to the next session of the Legislature with their decision thereon. (a) Compensation. Who to com SEC. 5. For the compensation for said work the sum of three thousand dollars is hereby appropriated, to be paid upon the warrants of the Governor, in installments from time to time, proportionate to the progress of the work, as may be reported to him by the Attorney-General: Provided, That not more than two thousand dollars be paid before the Justices of the Supreme Court shall have revised and reported favorably on the same. (a) SEC. 6. WHEREAS, Under Chapter 3028, Laws of Florida, it plete the work. being an act to procure a Digest of the Laws of Florida, approved March 2, 1877, the Governor of the State appointed the Hon. G. S. Hawkins to form and arrange a Digest in pursuance of said act; and, whereas, the said George S Hawkins departed this life without performing the work so assigned him, and that the Governor afterwards, to-wit, in the month of March, 1878, appointed the Hon. James F. McClellan to perform said work; and, whereas, owing to the want of sufficient time to arrange and complete said Digest for the revision and examination of the same by Justices of the Supreme Court before the present session of the Legislature, as provided by said act, the work has not been reported to the Legislature as so provided in said act; the said James F. McClellan is retained as compiler of the Laws of the State of Florida, as provided for in said act of March 2, 1877, and that he be required to embody in said Digest the laws enacted at the present session of the Legislature, and that he be allowed therefor (a) Secs. 1, 2, 3, 4 and 5, Chap. 3028, Act of March 2, 1877. |