Be it enacted by the Governor and Legislative Council of the Territory of Florida, That the Attorney for the Territory, for the time being, is hereby authorised empowered and required to depute a fit person, being a barrister or Attorney at law, to be approved of by the Governor, for whose conduct he shall be answerable, to prepare and prosecute indictments in his stead at such County Courts, where he cannot attend, to execute the duties of his office in person. Provided nevertheless, That in case the Attorney for the Territory, or his deputy, shall not attend any of the said courts, that then any barrister, or attorney at law, may prepare and prosecute indictments by leave, and appointment by the judge or justices of the said county courts, and be allowed the same fees as are appointed for the Attorney of the Territory.

Sec. 5. Be it further enacted, That the said Attorney for the Territory shall have a right to call upon the said deputies, or any or either of them for, and to require their assistance, or support in behalf of the Territory, in any case where he may think it necessary or proper, or whenever sickness may prevent him from doing his duty.

GEO. MURRAY, President of the Legislative Council.

Attested, F. J. FATIO, Clerk,

(Approved June 24th 1823,) WM. P. DUVAL, Governor of the Territory of Florida.

Be it enacted by the Governor and Legislative Council of the Territory of Florida, That it shall and may at all times be lawful for any judge or justice of the peace of the Territory aforesaid, within their respective jurisdictions, to grant writs of attachment against the lands and tenements, goods, chattels, money, effects, rights and credits, in whose hands or possession soever the same may be found, or by whomsoever the same may be due and owing, of every person and persons residing out of, and beyond the limits of this Territory, or who has or have been absent from the same, for the space of two months, without having left an agent, authorised in writing, to receive the ordinary process of law issued against him, her or them, or who absconds, or who conceals himself, herself or themselves, so that the ordinary process of law cannot be served upon him her of them, or who is, or are about to remove himself, herself or themselves, or his her or their property out of this Territory, upon the application for such writ of attachment, by any person or persons having a debt, claim or demand, founded on any contract express, or implied, or arising out of the unlawful detention or conversion of any property by any person or persons so residing out of, or having been absent from this Territory, or who absconds or conceals himself, herself or themselves, or his her or their property, out of this Territory, upon the application for such writ of attachment, by any person or persons having a debt, claim or demand, founded on any contract express or implied, or arising out of the unlawful detention or conversion of any property, by any person or persons, so residing out of, or having been absent from this Territory, or who absconds or conceals himself, herself, or themselves, or who is or are about to remove himself, herself or themselves, or his her or their property, out of this Territory as aforesaid, Provided always, That the party or parties, his her or their agent or attorney, applying for said writ of attachment, if residents of this Territory, shall make affidavit before the said judge or justice, or if residing beyond the limits of this Territory, the said affidavit shall be taken before any judge or justice of any court of record of either of the United States or any of the Territories of the United States, authenticated by the clerk of such court, under the seal of the court if it have a seal, or without if it have no seal, the fact of the court having no seal being stated in the clerks authentication, which affidavit shall set forth the amount of the sum or property claimed, and upon what the claim is founded, and also the ground or grounds upon which the application is made, for the writ of attachment, and, Provided also, That a bond be given by the party or parties applying for the attachment, previous to the order for issuing thereof, with two or more sufficient securities, to be approved of by the judge or justice ordering the attachment, in double the sum for which the attachment may be ordered, payable to the party or parties, defendant, in the attachment, by reason of the issuing the said attachment, and the failure to prosecute the same to effect.

Sec. 2. Be it also enacted, That when any person or persons, his, her or their agent or attorney, applying for said writ of attachment, shall have made the affidavit, and executed the bond required by the provisions of this act, it shall be the duty of the judge or justice, before whom the said affidavit and bond shall be executed, and to whom the same shall be delivered, to issue a writ of attachment to the ministerial or executive officer of the court, to which the said writ of attachment shall be returnable, directing and commanding him to levy upon, attach, seize, and take into his custody and possession, which it shall be his duty to do, so much of the lands, tenements, floods, chattels, money, effects, rights and credits of the person or persons against whose property the attachment is issued, in whose hands or possession soever, the same may be found, or by whom soever the same may be due and owing, as will be sufficient to satisfy the demand of the plaintiff or plaintiffs in the attachment, so as to make the person or persons against whose property the attachment is issued, a defendant or defendants in the suit to be instituted by the party or parties plaintiffs in the attachment.

Sec. 3. Be it further enacted, That when the sum for which the attachment shall be granted, shall exceed the sum of fifty dollars, the said writ of attachment may be directed to the sheriff, coroner, or other ministerial officer of the Superior or County Courts respectively That where the demand claimed shall not exceed fifty dollars, the said writ of attachment shall be directed to any constable, and shall be executed and returned to the Judge or justice issuing the same, or some other justice of the peace who shall and may proceed to try and determine the said attachment in the same manner as the other causes are tried and determined in the court of the said justice.

Sec. 4. Be it further enacted, That the said plaintiff or plaintiffs, after the return of the writ, executed to the Superior or Inferior Court, as the case may be, shall file his, her or their declaration against the defendant or defendants in attachment, fifteen days before the term at which the said attachment shall be tried, and shall proceed to prove his, her or their debt or demand, and obtain the judgment of the court as in other cases.

Sec. 5. Be it further enacted, That the person or persons in whose possession any goods chattels money or effects of the defendant and defendants in attachment, may be or by whom any debt or sum of money may be due and owing to the said defendant or defendants shall be called the garnishee or garnishees, and when the said goods, chattels, money or effects cannot be levied, and taken into possession of the officer, or when the said garnishee or garnishees are only indebted to the defendant or defendants in the attachment, a copy of the writ or attachment shall be served upon the person or persons to be made garnishee or garnishees, with a notice requiring him her or them to appear personally at the term of the court, to which the attachment is returnable there and then to set forth and disclose upon oath, what goods, chattels, money or effects belonging to the defendant or defendants in the attachment, were in his, her or their possession, care, charge, power or control, at the time of the service of the copy of the writ of attachment upon him, her or them: and in what sum or sums of money, he, she or they were indebted to the defendant or defendants in the attachment, at the said time, and if the said plaintiff or plaintiffs in the attachment shall be dissatisfied with the return made by the said garnishee or garnishees, the same may by him, her or them be excepted to in writing, and the said plaintiff or plaintiffs may also file interrogatories to the said garnishee or garnishees, touching the property of the defendant or defendants, in the attachment supposed to have been in the possession of the garnishee or garnishees at the time of the service of the copy of the writ of attachment, or touching the money supposed to have been due and owing by the said garnishee or garnishees, to the said defendant or defendants at the said time, which said interrogatories shall be fully, directly and truly answered in writing, under oath, within fifteen days from the time of the service of a copy thereof, upon the said garnishee or garnishees, and if need be, an issue shall be formed upon the return of the garnishee or garnishees, and the exceptions of the plaintiff or plaintiffs in the attachment thereto, and submitted to a jury, who shall decide between the said parties, and upon the trial of the said issue, the interrogatories filed by the plaintiff or plaintiffs in attachment, if any shall have been filed, and the answers of the garnishee or garnishees thereto, shall be evidence before the jury, and the said parties shall respectively have liberty to introduce to the said jury any other legal and competent evidence in their power, in support of their respective allegations, and if any garnishee or garnishees shall refuse or fail to make such return as is herein before mentioned, or to answer in manner aforesaid, any interrogatories filed upon exceptions taken to such return, it shall be the duty of the Court in which the proceedings shall be pending, to adjudge that such garnishee or garnishees hath or have in his, her or their possession, goods, chattels money and effects of the defendant or defendants, in the attachment, or is or are indebted to the said defendant or defendants, in an amount sufficient to satisfy the debt, claim or demand of the plaintiff or plaintiffs, in the attachment, and the costs of the the suit, and upon such judgment, such execution shall issue, conformably to the manner of issuing executions, in other cases against the body or bodies, lands, tenements, goods, chattels and effects of the said garnishee or garnishees, as might be, & to be proceeded on in the same manner as if judgment had been rendered against him or them, in a suit regularly instituted against him, her or them, and execution thereupon issued.

Sec. 6. Be it further enacted, That service of an attachment upon the lands, tenements, goods, chattels, money, or effects of the defendant or defendants, in attachment, shall bind the property attached, and a judgment obtained therein, shall have relation to the time of the service of the attachment, and the plaintiff or plaintiffs in the judgment upon the attachment shall be entitled to a priority of payment out of the property attached, except as against valid subsisting liens on the same property, at the time of the service of the attachment, and a judgment upon the attachment shall entitle the plaintiff or plaintiffs therein, to execution and satisfaction of, from, and upon any other property of the defendant or defendants in attachment, if the property attached shall be found to be insufficient to satisfy the judgment obtained in the attachment and the plaintiffs costs.

Sec. 5. Be it further enacted, That it shall and may be lawful for the defendant or defendants in any attachment to replevy the property attached, and thereby dissolve the attachment by giving good and sufficient special bail, and by entering his, her or their appearance to the action, at any time before the verdict of a jury or the assessment of damages against the said defendant or defendants, and upon such bail being given and perfected as in other cases of bail to the action, and the payment of all the costs accruing upon the issuing and levy of the said attachment, the property attached shall be restored to the defendant or defendants in attachments.

Sec. 8. Be it further enacted, That the person or persons in whose possession, power, charge, care or control any property of the defendant or defendants in any attachment, may have been found and levied upon, may replevy the same by giving bond with two or more sufficient securities, in double the value of the property levied upon, payable to the plaintiff or plaintiffs, in attachment, conditioned for the payment of the appraised value of the said property, to the said plaintiff or plaintiffs upon the judgment of the court from which the attachment issued, or to which the proceedings may be removed, according to law, that the said property was and is subject to the plaintiffs attachment. The said appraisement shall be made by three disinterested persons, under an oath that they will appraise the property exhibited to them, to be administered by a justice of the peace, previous to their entering on their duties, one of whom shall be chosen by the plaintiff or plaintiffs, in the attachment, the other by garnishee or garnishees, and the third by the two appraisers so chosen, who shall under an order or warrant of the clerk of the court for that purpose, appraise the said property under the superintendance of the officer who made the levy of it, which appraisement exhibiting every article of the property levied upon, and the appraised value thereof, under the hands of the appraisers, and the officer superintending the appraisement, together with the bond aforesaid, shall be returned to the office of the clerk of the court, from which the attachment issued, after which, and the payment of the costs attending or growing out of the levy of the said property, and the appraisement thereof, by the party replevying the said property, shall be restored to the said garnishee or garnishees.

Sec. 9. Be it further enacted, That all property attached and not replevied, shall after judgment has been obtained by the plaintiff or plaintiffs, in attachment, and executions has been issued thereon, be disposed of, under the said execution, as in other cases of property levied upon and taken in execution.

Sec. 10. Be it further enacted, That when the property attached shall be of a perishable nature it shall and may be lawful, for the judge or justice who ordered the attachment, in vacation, as well as in term time, to grant an order for the sale of such property, after such public notice as to the said judge or justice shall seem expedient.

Sec. 11. Be it further enacted, That whenever any person or persons who is or are about to institute an action at common law, in any of the courts of this Territory, shall have cause to apprehend, that his, her or their debtor or debtors, or other persons unlawfully converting or detaining his, her or their property, will remove the property of the said debtor or debtors, or the property so unlawfully converted or detained, out of the district or county of this Territory, in which the action is intended to be instituted, before judgment can be obtained therein, and execution levied on the said property, it shall be lawful for any such person or persons to present to any of the judges or justices of the courts of this Territory, a petition declaring that his, her or their debtor or debtors, or the person or persons against whom he, she or they hath or have a claim or demand, in damages, for the unlawful conversion of his her or their property, or the person or persons unlawfully detaining his, her or their property, hath or have property within the district of this Territory, in which the application is made, sufficient to satisfy his, her or their debt or, demand, or some part thereof, but that he she or they hath or have good cause to apprehend, and do verily believe that, before a judgment can be obtained, for his, her or their debt or other demand, and execution be levied thereon, the said property, or the property unlawfully detained, will be removed out of the district of this territory within which the action is intended to be instituted, that is to say; out of East Florida if the action is intended to be instituted there, and out of West Florida if the action is intended to be instituted there, and the said petition shall also set forth and shew the nature of the debt or demand of the petitioner, the amount due on the same, claimed in damages or the description of the property, alledged to be unlawfully detained from the said petitioner or petitioners, which several facts so to be contained in the said petition, shall be severally verified by the affidavit of the party or parties about to institute the suit, or any of them, or by his, her or their agent, which said affidavit may be taken in the same places, before the same officers, mentioned in, and authenticated in the same manner, prescribed by the first section of this act, for the taking and authenticating of the affidavits therein mentioned; upon the exhibition of such petition, of the cause and affidavit to the judge or justice of the court in which the suit is to be instituted, it shall be his duty to order an attachment to issue against the goods, chattels, and effects of the person or persons who is or are to be made defendant or defendants, in the said suit, or so much thereof as will be sufficient to satisfy the debt or demand of the plaintiff or plaintiffs, and the costs of the suit, or against the property so alleged to belong to the said plaintiff or plaintiffs, and to be unlawfully detained, provided the plaintiff or plaintiffs in the action in which the said attachment shall be applied for, shall before the granting the order for the said attachment, have given a bond with two good and sufficient securities to be approved of by the judge or justice ordering the attachment, in double the value of the property to be attached, payable to the defendant or defendants, in the said suits, and conditioned for the prosecution of the said suit of the plaintiff or plaintiffs, to effect, and for the payment of the said defendant or defendants, his, her or their executors and administrators, all damages and costs which shall arise to the said defendant or defendants, by reason of the levying the said attachment, upon his, her or their property, and by reason of the failure to prosecute the said suit of the plaintiff or plaintiffs, to effect: upon the filing the said petition, for the attachment in this section mentioned, and the order for the issuing thereof, with the said bond, in the office of the clerk of the court from which the said attachment is to issue, it shall be the duty of the said clerk to issue an attachment conformably to the provisions of this section of this act; and it shall be the duty of the ministerial or executive officer of the court, from which the said writ of attachment shall issue, to execute the same immediately, by levying upon attaching and taking into his possession, the lands, tenements. goods, chattels and effects of the said defendant or defendants, until the plaintiff or plaintiffs shall have obtained a judgment in the said suit against the defendant or defendants.

Sec. 12. Be it further enacted, That property attached under the provisions of the last preceding section of this act, may be replevied at any time before judgment by the defendant or defendants giving bond with two or more good and sufficient securities, in the penal sum of double the value of the property attached, (the said value to be ascertained by appraisement in the manner pointed out by the provisions of this act for the appraisement of the property therein mentioned, at the expense of the party replevying) payable to the plaintiff or plaintiffs in the suit, his, her or their executors and administrators, and conditioned for the surrender and redelivery of the property replevied, in the same plight in which it was received, to the ministerial or executive officer of the court, in which final judgment in the suit, in which the property shall have been attached, shall be rendered in favor of the plaintiff or plaintiffs therein, whenever the said officer shall demand such surrender, or redelivery, by virtue of an execution under the final judgment against the property of the said defendant or defendants, or for the payment of the said plaintiff or plaintiffs, of the amount of the judgment and costs adjudged and entered up against the said defendant or defendants in the said suit.

GEO. MURRAY, President of the Legislative Council.

Attested, F. J. FATIO, Clerk.

Passed by the Council June 27th, 1823.

Rejected by the Governor and passed by the requisite majority of the Council.

Be it enacted by the Governor and Legislative Council of the Territory of Florida, That it shall be the duty of the county courts in the several counties of this Territory, in term time, and of the judges of said courts in vacation, to take proofs of all last wills and testaments, and to grant probates, letters testamentary and letters of administration, with or without any will annexed, and to do and perform all matters and things enjoined on said courts, or the judges thereof in relation to the estates of deceased persons.

Sec. 2. Be it further enacted, That no person shall be qualified or permitted to act as an executor, executrix, administrator or administratrix, unless he be twenty one years of age or upwards, and in the case of minors being named executors in any last will and testament, the letters testamentary shall be granted to the other executor or executors, if any be named in said will or testament, or if none others be named, letters of administration with the will annexed, shall be granted to the next of kin, or to such other person as the court or judge shall appoint, according to provisions hereafter mentioned, until such minor shall come of full age, when he shall be admitted to acts, and be qualified as an executor; in such case the letters of administration, if any shall have been granted, shall be revoked, and the said administrator or administratrix, shall render a true and faithful account of his or her administration to the county court, and surrender the estate to the said executor or executrix.

Sec. 3. Be it further enacted, That the probate of all wills and letters of administration, shall be granted in the county wherein the testator or intestate died, unless at the time of his or her death, he or she had a mansion house or other place of abode, in some other county, and in such case the probate and letters of administration shall be granted in such other county, and if his or her death take place out of this Territory, and at the time of his or her death, he or she was possessed of any goods, chattel, slaves or lands, in any county of this Territory, the probate of his other will may be granted in the county where any part of said goods, chattels, slaves or lands may be.

Sec. 4. Be it further enacted, That letters of administration shall be granted to the representatives of the intestate, who apply for the same, preferring first the husband or wife, and next such others as are entitled to distribution of the estate of the intestate, in the order of consanguinity, and if no such person apply for administration, or if on applying, cannot comply with the provisions of this act, after citation, duly published, for the term of six weeks, once a week in some newspaper printed in the district or jurisdiction, where the intestate died, if any be printed there, and if not, in some newspaper printed in the adjoining district or state, then the said court or judge may grant administration to a creditor of the intestate, or some other fit person—but if any will shall, after granting letters of administration, be produced, and duly proved, the aforesaid letters of administration shall be revoked, and letters testamentary granted to the executors of said will provided they shall be ready and willing to be qualified, and if not, the letters of administrations previously granted shall stand good, and the will be thereto annexed.

Sec. 5. Be it further enacted, That previously to the granting of letters of administration, it shall be the duty of the court or the judge to require the person applying for administration, to state upon oath or affirmation to the best of his knowledge and belief, whether there be any heirs or legal representatives of the intestate, in being or not; which statement shall be in writing, and subscribed by the party making the same, and filed in the clerks office, and such person applying as aforesaid, for letters of administration, shall be also required to state upon oath or affirmation, whether according to the best of his or her knowledge and belief, the deceased died without a will, and to swear or affirm that he will well and truly administer all and singular the goods, chattels, rights and credits of the said deceased, make a just and true inventory of the same, pay his debts, as far as the assets of the estate shall extend, and the law direct, and make a fair distribution according to law—and render a true account of the administration of the estate when thereunto required. All executors taking out letters testamentary on the estates of their testator, and all administrators with the will annexed, shall make oath or affirmation before the court or judge, that they will well and truly perform the last will and testament of the testator, and pay all his just and lawful debts, so far as his goods, chattels, rights and credits will extend, and that they will make a true and correct inventory of the same, and render a true account of their administration when thereunto requested.

Sec. 6. Be it further enacted, That the person or persons to whom letters of administration with or without the will annexed, shall be granted as aforesaid, shall be required by the said court or judge to execute and file in the clerks office a bond, with two or more sufficient securities, in such penal sum as the court or judge may deem fit, respect being had to the value of the estate, in the name of the Governor of the Territory or his successors in office, in the manner and form following, to wit: The condition of this obligation is such that, if the within bounden A. B. administrator or administratrix, as the case may be, of all and singular the goods, chattels, rights and credits of C. D. deceased, do make or cause to be made a true and perfect inventory of all and singular the goods, chattels, rights and credits of the said deceased which have or shall come to the hands, possession or knowledge of him the said A. B. or into the hands of any person or persons for him, and the same so made, do exhibit or cause to be exhibited, into the clerks office of the county court for the county of ________ ________ at or before the ________ day of ________ ________ next ensuing, and all the goods, chattels rights and credits of the said deceased, at the time of the death of the said deceased, which at any time after shall come to the hands or possession of the said A.B. or into the hands or possession of any other person or persons for him, do well and truly administer according to law, & further make or cause to be made, a true & just account of his administration, when requested ; and all the rest and residue of the said goods, chattels, rights and credits, which shall be found remaining, upon the said administrators account, the same being first examined and allowed by the county court of the county where the said administration is granted, and shall deliver and pay to such person or persons respectively, as the said court, by their order or decree, pursuant to the true intent and meaning of this act shall appoint and direct—and if it shall thereafter appear that any last will and testament was made by the said deceased, and the executor or executors therein named, do exhibit the same, into the office of the said court, making request to have it allowed and approved, and the said will is allowed and approved by the said courts then if the said A. B. within bounden, being thereunto requested, do render and deliver his said letters of administration, then this obligation to be void and of no effect, otherwise to remain in full force and virtue. And administrators with the will annexed, or of goods and chattels not administered, shall give a bond with the like security, changing the form of the condition according to the nature of the case.

Sec. 7. Be it further enacted, That while any controversy is pending in regard to any will, or during the minority, or in the absence of the executor or executrix, the court or judge may grant letters of administration during such controversy, minority or absence, or may appoint any person or persons to collect and preserve the estate of the deceased, and sell any part of the same which may be of a perishable nature, until a probate of the will or letters of administration he granted, on taking bond and security, for administering the estate of such testator, well and truly, during the controversy, minority or absence of the executor or executrix, or for collecting the estate, and making an inventory thereof, and safe keeping and delivering of the same, when thereunto lawfully requested by the executor or executrix, administrator or administratrix duly qualified.

Be it enacted, by the Governor and Legislative Councilof the Territory of Florida, That Joseph M. Hernandez, Bernardo Segui, Francisco Medicis and the other officers and members of the society known in this city, by the name of the Charitable Society, shall be and are hereby declared to be a body politic and corporate, in name and in deed, by the style of "The Charitable Society," and by the said name and style shall have perpetual succession of officers and members, and a common seal to use, and shall have full power to make, alter, amend and change such bye laws as may be agreed upon by the members of the same: Provided always, That such bye laws be not repugnant to the constitution of the United States, or the laws of this Territory.

Sec. 2. Be it further enacted, That they shall have full power and authority, under the style and name of the " Charitable Society," to take hold and enjoy real and personal property, Provided always, That the amount of such property shall not exceed the value of five thousand dollars, in addition to the property now owned by said society; to sue for and recover, all such sums of money as now are or hereafter may become due to the said society, in any court of law, or tribunal having jurisdiction thereof; and the rights and privileges of the said society, in any court or in any tribunal, to defend and also to receive take and apply bequests and donations, as may be made to and for the use and purposes intended by the said institution, and shall be and are hereby declared to be vested with the powers and advantages, privileges and immunities of a society of people incorporated for the relief of the indigent sick and shipwrecked mariners.

GEO. MURRAY, President of the Legislative Council.

Attested, F. J. FATIO, Clerk,

[Approved July 3d, 1823. WM. P. DUVAL, Governor of the Territory of Florida.

Be it enacted by the Governor and Legislative Council of the Territory of Florida, That the Marshals of the Territory aforesaid, in addition to the duties assigned them by the laws of the United States, shall be the executive officers of the Territorial branch of the Superior Courts within their respective districts; that in, exercising the authority aforesaid, the said, Marshals shall perform all tim duties and be subject to all the, penalties and responsibilities imposed on the sheriffs, by the laws of this Territory, and the common and statute laws of England, so far as the same may be applicable.

Sec. 2. Be it further enacted, That for the performance of the duties aforesaid, the said Marshals shall be entitled to receive such compensation as may be established by the Acts of the Legislative Council.

Sec. 3. Be it further enacted, That in case of the death, resignation, inability or refusal of the Marshals to perform the duties hereby assigned them, then and in thai case the Governor shall be and is hereby authorised and empowered to assign said duties to the executive officers of the county courts within their respective counties.

Sec. 4. Be it further enacted, That previous to the entering on the duties hereby assigned them, the said Marshals shall take an oath faithfully to perform the duties of their offices without partiality, favor or oppression, and shall execute bond in the office of the Secretary of the Territory, or at such other place as the Governor shall direct, with the security to be approved of by the Governor in the penal sum of five thousand dollars, conditioned for the true and faithful performance of the duties assigned them by this act, which said bond shall not be void on payment of the penalty, but shall remain in full force and virtue, and the said Marshals and their securities shall be liable to the suit of all persons sustaining injury by their failure or neglect of duty.

Sec. 5. Be it further enacted, That the Marshals shall have custody of all prisoners hereafter confined by the laws of this Territory, and all prisoners now in confinement, together with the commitments or which they have been imprisoned, and all business confided to the sheriffs of the several counties of this territory, emanating from the Marshals [Superior Courts] of their respective districts; Provided, That nothing in this act contained shall be so construed as to prevent the sheriffs from completing the service of all process, in civil cases, which has heretofore been issued to the said sheriffs and now depending in the Superior Courts of their respective districts, and the said sheriffs shall receive all fees of office to which they may be entitled by law for their services in completing the service and return of such process.

GEO. MURRAY, President of the Legislative Council.

Attested, F. J. FATIO, Clerk,

(Approved June 29th 1823) WM. P. DUVAL, Governor of the Territory of Florida.

Be it enacted by the Governor and Legislative Council of the Territory of Florida, That all persons recovering any debt, damages or costs by the judgment of any: court of record within this Territory, may at their election, prosecute writs of fieri facias or capias ad satisfaciendum, for taking the goods and chattels, lands, tenements or the body, of the person or persons, against whom such judgment has been obtained, in the manner following: all writs shall be in the name of the Territory of Florida, and be attested by the clerk of the court from which they are issued, and shall be returnable fifty days from the date thereof.

Sec. 2. Be it further enacted, That when any execution has been issued and not returned satisfied, the party at whose suit it issued shall have power to take out another execution at his own costs, and when upon a ca. sa. the sheriff or other officer shall return that the defendant or defendants is or are not found, the plaintiff or plaintiffs may sue out a fieri facias or another ca. sa. and where part of the debt is made, the party may take out execution for the residue.

Sec. 3. Be it further enacted, That all writs of fieri facias issued from the Superior Courts of this Territory, shall and may be executed within the extent of the jurisdiction of said courts respectively, and all writs of fieri facias issued out of the county courts shall be executed within the said counties respectively; but in case any fi. fa. issued in one county be returned without full satisfaction thereon, the plaintiff or plaintiff's may have execution directed to the sheriff of any other county in which there may be any property of the defendant or defendants, and a levy may be made thereon, and the property sold as in other cases of execution.

Sec. 4. Be it further enacted, That the goods and chattels lands and tenements of the defendant or defendants, shall be found [bound] by the judgment of the court, and after the rendition of said judgment all subsequent sales, mortgages or incumbrances shall be void, and the first judgment shall be first satisfied.

Sec. 5. Be it further enacted, That in levying execution the officer shall observe the following course, first to levy on the goods and chattels, excepting slaves, and if none are to be found then upon the slaves, and finally on the lands and tenements; that whenever any lands or tenements are levied on, the defendant may surrender personal property in lieu thereof, and the officer may take the same in execution; and when any goods and chattels shall be taken in execution, the officer making the levy shall advertise the said goods and chattels for public sale, to take place at the expiration of twenty days from the time of making the levy, the advertisement of the sale shall be posted upon the outer door of the court house, in the county where the levy shall have been made, and also at some public inn in said county, and shall likewise be published in some newspaper, if one be published in said county; and when any levy shall have been made on any lands or tenements, they shall be advertised as aforesaid, once a month for the space of four months from the time of the appraisement of the same, as hereafter mentioned, before any sale of said lands or tenements shall take place, and when any slave or slaves are levied on; it shall be in the power of the defendant to retain such slave or slaves in his or her possession, by giving bond with approved security for the return of such slave or slaves on the day of sale, which bond shall have the effect of a judgment, and if such slave or slaves are not returned on the day of sale, the plaintiff shall have execution against the good, chattels, lands and tenements of the defendant, and his securities, and the same may be levied on and sold at ten days notice, any thing to the contrary in this act not withstanding; and where any slave or slaves are thus taken by the defendant, such slave or slaves shall be advertised once a month for two months, in some newspaper printed in the county, and if no newspaper be printed in the county, they shall be advertised at the court house door for the space of two months previous to the day of sale.

Be it enacted by the Governor and Legislative Council of the Territory of Florida, That Squire Streeter, Antonio Alvarez, and John Whalton, the present officers and their, successors and others who are or may hereafter become members of Floridian Virtues Lodge, in the City of St. Augustine, shall be and are hereby declared to be a body corporate and politic, in name andin deed, by the style of "Floridian Virtues Lodge" and by the said name and style shall have perpetual succession of officers and members, and a common seal to use; and shall have full power to make, alter, amend and change such bye laws as may be agreed upon by the members of the same; Provided always, that such bye laws be not repugnant to the constitution of the United States or the laws of this Territory.

Sec. 2. Be it further enacted, That they shall have full power and authority, under the style and name of "Floridian Virtues Lodge," to take, hold and enjoy real and personal property to sue for and recover all such sum or sums of money as now are or hereafter may become due to the said Lodge, by any name or style whatever, in any court of law, or at any tribunal having jurisdiction thereof, and the rights and privileges of the said Lodge, in any court, or at any tribunal whatever to defend: and also to receive, take and apply bequests or donations, as may be made to and for the uses and purposes intended by the said institution, and shall be and are hereby declared to be vested with the powers and advantages, privileges and emoluments [immunities] of a society of people incorporated to the purpose and intentions of their laudable institution.

GEO. MURRAY, President of the Legislative Council.

Attested, F. J. FATIO, Clerk.

(Approved July 2d, 1823.) WM. P. DUVAL, Governor of the Territory of Florida.

Be it enacted by the Governor and Legislative Council of the Territory of Florida, That every feoffment, gift, grant, alienation, bargain, sale, conveyance, transfer and assignment of lands, tenements, hereditaments, slaves and other goods and chattels, or any of them, or any lease, rent, use, common or other profit, benefit or charge whatever, out of lands, tenements, hereditaments, slaves or other goods and chattels, or any of them, by writing or otherwise, and every bond, note, contract, suit, judgment and execution, which shall at any time hereafter be had, made, or executed, contrived, or devised, of fraud, covin, collusion or guile, to the end, purpose or intent, to delay, hinder or defraud creditors or others, of their just and lawful actions, suits, debts, accounts, damages, demands, penalties or forfeitures, shall be from henceforth, as against the person or persons or body politic or corporate, his, her or their heirs, successors, executors, administrators and assigns, apd every of them, so intended to be delayed, hindered or defrauded, deemed, held, adjudged & taken, to be utterly void, frustrate and of none effect; any prefence, colour, feigned consideration, expressing of use, or any other matter or thing to the contrary, notwithstanding; Provided that the aforegoing section of this act, or any thing therein contained, shall not extend to any estate or interest in lands, tenements, hereditaments, leases, rents, uses, commons, profits, goods or chattels, which shall be had, made, conveyed or assured, if such estate or interest shall be upon good consideration, and bona fide lawfully conveyed or assured to any person or persons, or body politic or corporate, not having at the time of such conveyance or assurance to them made, any manner of notice or knowledge of such covin, fraud or collusion, as aforesaid, any thing in the said section to the contrary thereof notwithstanding.

Sec. 2. Be it further enacted, That every feoffment, deed, conveyance, mortgage, grant, charge, lease, transfer, assignment, estate, incumbrance, interest and limitation of use or uses, of, in or out of any lands, tenements, or other hereditaments whatsoever, which shall at any time hereafter be had, made, executed or contrived, for the intent and purpose of defrauding and deceiving such person or persons, bodies politic or corporate, as shall afterwards purchase the same lands, tenements and hereditaments, or any part thereof, or any estate, interest, rent, profit, right or commodity, in, to, or out of the same, or any part thereof, so formerly conveyed, granted, leased, charged, transferred, assigned, incumbered or limited in use, shall be deemed adjudged, taken and held, as against the person and persons, bodies politic and corporate, their heirs, successors, executors, administrators and assigns and against all and every person and persons, lawfully having or claiming by, from, through or under them, or any of them, who shall have so purchased for money or other good consideration, the same lands, tenements, hereditaments or any part thereof, or any estate, right, interest, profit, benefit or commodity, in, to or out of the same, to be utterly void, frustrate and of none effect; any pretence, reigned consideration, or expressing of use or uses, to the contrary notwithstanding; Provided, that nothing in this section of this act contained shall extend or be construed to impeach, defeat, make void or frustrate, any conveyance, assignment of lease, assurance, grant, charge, lease, estate, interest or limitation of use or uses, of, in, to or out of any lands, tenements or hereditaments, which shall be made upon and for good consideration, and bona fide, to any person or persons, bodies politic or corporate; any thing in this section of this act to the contrary notwithstanding.

Be it enacted by the Governor and Legislative Council of the Territory of Florida, That the officers of the Territory aforesaid, charged with the collection and receipt of public money, by the late revenue laws of this Territory, shall on or before the twentieth day of August next, make out and transmit to the Governor of this Territory, a report in writing. of all public monies by them received and disbursed, accompanied with the vouchers on which such receipts and disbursements have been made.

Sec. 2. Be it further enacted, That all the officers of the Territory who have performed the services required of them by the late revenue laws of the Territory aforesaid, and who have not received the compensation allowed them by law, for such services, shall make out their accounts for the services by them performed, duly certified, and transmit them to the Governor on or before the twentieth day of August next.

Sec. 3. Be it further enacted, That all the officers of the Territory, having in their possession any sum or sums of money, collected by virtue of the late revenue laws of this Territory, after deducting all fees allowed them by law, shall on the application of the persons from whom the same shall have been collected, or on the application of the agent, attorney or legal representative of such persons, repay the said sums of money respectively, to the person or persons from whom the same shall have been received.

Sec. 4. Be it further enacted, That if the money remaining in the possession of the revenue officers of the Territory, shall be insufficient for the purposes aforesaid, then and in that case, the Governor shall be and he: is hereby authorised out of any public money which may hereafter be received in the Territorial Treasury, and not otherwise appropriated, to reimburse all persons who have paid taxes under the late revenue laws of this Territory.

GEO. MURRAY, President of the Legislative, Council.

Attested, F. J. FATIO, Clerk,

(Approved 28th June 1823 WM. P. DUVAL, Governor of the Territory of Florida.

Be it enacted by the Governor and Legislative Council of the Territory of Florida, That if any person shall be arrested and imprisoned for debt or damages, on any process, whether original, mesne or final, issued from any court of record in this Territory, and such person shall not have the means at command to pay such debt or damages, it shall and may be lawful for such person or his attorney, to present a petition to the judge of the Superior or County Court of the County or District where the debtor may be imprisoned, stating in said petition the arrest and imprisonment of the debtor, and at whose suitor suits, and for what sum or sums, accompanying said petition with an affidavit of the debtor, that he has not the means at command to discharge the said suits against him, and also with a schedule of all his property, real and personal, and all his rights and credits, in law or equity, and of the debts due by him, and the amount of each, setting forth also the amount of any money in his possession, power or control, and the names of the persons and their place of residence to whom he is indebted, as far as he can ascertain said debts, and the persons to whom he is indebted, and take and subscribe the following oath—I, A. B. do in the presence of Almighty God, swear or affirm (as the case may be) protest and declare, the schedule now delivered to, and by me subscribed, doth contain to the best of my knowledge, a full, just, true and perfect account and discovery of all the estates, goods and chattels unto me, in any wise belonging, and such debts as are to me owing, or any person in trust for me, and of all securities and contracts whereby any money may hereafter become payable, or any benefit or advantage may hereafter accrue to me, or to my use, or any person or persons in trust for me, and that I nor any person in trust for me, have no lands, money, stock, or other estate, real or personal, in possession, reversion or remainder, of the value of the debt or debts, with which I am charged in execution, and that I have not, directly or indirectly sold, lessened or disposed of, in trust, or concealed, all or any part of my lands, goods, stock, debt, money or estate, whereby to secure the same, or receive or expect any profit, or to deceive or defraud any creditor or creditors, or since my arrest and imprisonment to give a preference to any of my creditors. And in the aforesaid schedule of the property of the said debtor, he shall make a separate and distinct list of the tools and implements of his trade or profession, if he have any, and his military accoutrements in the militia, and of his necessary beds and bedding, and the necessary wearing apparel of himself and his family, stating the number of persons composing his family, and if he be a house keeper his necessary cooking utensils, and two tables, six chairs, six plates, six cups and saucers, and half a dozen knives and forks, if he have those articles, may be included in said list, and all the aforesaid articles which may be contained in said list, shall be exempt from the assignment, hereinafter mentioned to be made.

Sec. 2. Be it further enacted, That on the presenting of said petition, with the schedule as aforesaid to the judge; he shall make an order for the appearance of the debtor before him, on some future day, not less than six days from the day of granting said order, a copy of which order, together with a copy of the petition and schedule as aforesaid, the said debtor shall cause to be served on each of his creditors, his, her or their agents or attorneys, at whose suit he may be imprisoned; and the said creditors, in person or by attorney, may attend before the judge on the day appointed for the appearance of the debtor, and on his appearance the judge shall administer an oath ,or affirmation to him, that he will true answers make to all questions which shall be put to him in relation to his property, credits, debts and money, whereupon any of the creditors of the said debtor, or their attorneys may examine the said debtor, concerning those matters, and produce testimony before the judge, to disprove the correctness of the schedule of the said debtor, or his declarations, in regard to his property, credits, debts and money—if after the examination of the debtor as aforesaid, or if no opposition be made to his discharge, the judge shall be satisfied that there has been no fraudulent concealment or wilful misrepresentation of the property, credits, debts or money of the debtor in the said schedule, the judge shall direct an assignment to be made by the debtors of all his property, real and personal, and of his credits as aforesaid, with the exception of the list of necessary articles for the use of his family, and his tools and implements, and military accoutrements aforesaid, to one or more fit and discreet persons as assignees, in trust, for the benefit of all the creditors of the said debtor, whether they shall have commenced suits against him or not, and upon the execution of the said assignment, the said judge shall grant a discharge of the debtor from his arrest and imprisonment in the suits on which he is detained, and which discharge shall operates and be an effectual bar forever afterwards, against any personal arrest or detention of the debtor, for, or on account of the demands on which said suits were brought: Provided nevertheless, that if any of the creditors of the said debtor previously to the assignment being made, as aforesaid, shall allege fraud in the schedule of the said debtor, and shall demand a jury to try the questions of fraud, and whether the said debtor is entitled to his discharge, the judge shall not make the order for the assignment or grant the discharge of the debtor, until a jury shall have allowed the same; upon the demand of jury as aforesaid, the judge shall issue a venire facias to the sheriff, to summon eighteen lawful jurors, returnable on some certain day, not less than three days from the issuing of the same, and when the panel of the said jurors shall be returned, their names shall be written on ballots and folded up, and put in a small box or some other convenient thing, from whence twelve ballots shall be drawn to form the jury, but if there be not a sufficient number in the whole, to complete the jury, no talesman shall be called, but a new venire facias shall be issued, returnable on some subsequent day, not more than six days next ensuing, and it shall and may be lawful for the judge, in such case, to impose a fine, not exceeding three dollars on any juror duly summoned as aforesaid, and failing to attend; when a jury shall have been formed, they shall be sworn or affirmed, well and truly to try the question of fraud on the part of the debtor, and a true verdict give, whether the said debtor be entitled to his discharge or not, and if the verdict be for the discharge of the debtor, upon his executing an assignment of his property as aforesaid, the judge shall grant his discharge, which shall have the like operation and effect as provided in the preceding section of this act, but if the verdict shall be against the discharge of the debtor, he shall not be discharged by the judge; and in all cases the plaintiff who shall have requested a jury, shall pay the costs arising in consequence of their being summoned, but if the verdict shall be against the discharge of the debtor, the plaintiff shall have judgment and execution, for the amount of said costs.

Sec. 3. Be it further enacted, That if any debtor against whom execution shall have been taken out, shall have remained in prison, or within the rules, bounds or limits of the debtors jail, on such execution, for the space of sixty days, without petitioning for his discharge as aforesaid, it shall and may be lawful for any creditor, at whose suit the said debtor shall be charged in execution, to apply to the judge of the Superior or County Court aforesaid, on giving five days previous notice, to the debtor, of such intended application, for an order directing the debtor to appear before the said judge, on some subsequent day, at least ten days from the date of said order, and to produce a schedule of his property, money, credits and debts, as hereinbefore directed, and the said judge is hereby required to grant such order; and if such debtor on due service of a copy of the said order, shall fail to appear, he shall be deprived of the benefit of the limits, bounds or rules of the debtor's jail, and upon the order of the judge, directed to the sheriff or other officer of the court, whence the execution issued, on which the debtor is detained, the said debtor shall be committed to close confinement until he shall comply with the order for appearance as aforesaid; but if the said debtor shall appear in pursuance of said order, and produce a schedule as hereinbefore required; before his examination takes place, he shall make an assignment of his property and credits, excepting the articles before mentioned, as exempt from assignment, to one or more assignees, to be appointed by the judge, and the like rules and regulations shall be observed in regard to his discharge, and the decision of a jury if required by the creditor, as hereinbefore mentioned. And if the judge or the jury, if the question be submitted to them, decide against the discharge of the debtor, his assignment shall nevertheless remain in full force and virtue, but he shall not thereafter be deprived of the benefit of the limits, bounds, or rules of the prison.

Sec. 4. Be it further enacted, That it shall be the duty of the assignees, appointed in virtue of this act, forthwith to collect the debts due to the insolvent, and dispose of his property, real and personal at public auction, advertising the same at least three weeks before the sale, unless any of the property shall be of a perishable nature, in which case it may be sold immediately on giving three days notices, by advertisement at the court houses, or the most public place in the neighborhood.

Sec. 5. Be it further enacted, That immediately on their appointment, the assignees shall give public notice, in some newspaper, printed within the district where the insolvent shall have been imprisoned once a week for the space of four weeks, to the creditors, to present and verify their demands against the insolvent; and within six months from the time of their appointment, the said assignees shall make an equal dividend of the proceeds of the property of the insolvent and his credits, which shall come to their hands, among the creditors, who shall have proved their debts, In proportion to the amount of the same respectively—and at the end of twelve months, the said assignee shall make a final settlement of the estate, by selling publicly, the remaining property and credits of the insolvent, and paying the dividends as aforesaid, and the said assignees in their accounts, shall be allowed all reasonable expences in and about the administration of the estate of the insolvent, and a commission of five per cent. for their trouble.

Sec. 6. Be it further enacted, That whenever any sole assignee appointed in virtue of this act, shall die, or be unable from sickness, absence or other cause to perform the duties herein enjoined, on application to the judge of the Superior or County Court, he shall appoint some other fit and discreet person to supply the place of such assignee—and no assignee appointed in virtue of this act, shall be permitted to resign his trust without making a settlement of his accounts, with the estate of the insolvent, and obtaining the consent of the judge.

Be it enacted, by the Governor and Legislative Council of the Territory of Florida, That the judges of the several county courts of this Territory, any three of the justices of the peace of their respective counties being present, and concurring therein, shall have power to take cognizance of all matters concerning orphans and their estates, and to appoint guardians in cases where it appears necessary and proper, and shall take good security of all guardians, appointed by them, for the estates of orphans committed to them, and if any of the said judges and justices shall fail to take good security from such guardian, they shall be individually liable for any loss from insufficient security, to be recovered by action of debt, in any court of record in this Territory, Provided it shall appear that at the time such security was taken, it was insufficient; Provided however, That fathers may appoint guardians for their children, by deed in writing, or last will and testament, during any part of the infancy of the child, and such appointment shall give the guardian the same power over the child, and shall subject him to the same liability as is and shall be directed by law.

Sec. 2. Be it further enacted, That so much of the act to which this is an amendment as may be inconsistent with the provisions of this act, shall be, and the same is hereby repealed.

Sec. 3. Be it further enacted, That the second, third and fourth sections of the act, to which this is an amendment, shall be and the same are hereby continued in force.

GEO. MURRAY, President of the Legislative Council.

Attested, F. J. FATIO, Clerk.

Approved June 29th 1823. WM. P. DUVAL, Governor of the Territory of Florida.

WHEREAS, a practice hath hitherto prevailed of driving large quantities or stocks of neat cattle into this Territory, from the several adjoining states, by the citizens thereof—and whereas, it is consistent with justice and good policy, that all persons who enjoy the benefits and advantages of a state or territory, should contribute and share with the good people thereof the expense and labour in supporting and defending the same;

Be it therefore enacted by the Governor and Legislative Council of the Territory of Florida, That from and after the passing of this act, it shall be the duty of any person or persons, driving or bringing into this Territory any stock or quantity of neat cattle, to go before a justice of the peace in the county in which such neat cattle may be introduced, and make a return on oath to the said justice of the peace, stating the actual number of neat cattle, so by him or them brought in, and also whether the said neat cattle are the bona fide property of him or them; and in case they should be found to be the property of any person, not an inhabitant of this territory, shall pay to the said justice of the peace the sum of twenty five cents for each and every head of neat cattle so brought in; a certificate of which from the said justice, shall authorise them to remain in the territory aforesaid, until the first day of January next thereafter.

Sec. 2. And be it further enacted, That if any person introducing neat Cattle the property of non residents as aforesaid should refuse to make return thereof or to pay the aforesaid sum of twenty five cents for each and every head so by him or them brought in, it shall be the duty of any justice of the peace, it within his jurisdic tion, on proof thereof, to award judgment, and issue execution for the same, and if not within the jurisdiction of a justice of the peace, any other court having competent jurisdiction thereof.

Sec. 3. And be it further enacted, That not exceeding twenty five cents for each and every head of neat cattle, which now are, or hereafter may come into this Territory, the proprietors of which are non residents, shall be assessed annually, at the discretion of the county court.

Sec. 4. And be it further enacted, That should any person who may be the agent or manager of any person or persons, not inhabitants of this Territory, neglect or refuse to make a just and true return of all neat cattle which may be in his possession or care, as agent or manager as aforesaid, shall upon due proof thereof, before any court having competent jurisdiction, be fined not exceeding one hundred dollars, at the discretion of the court. And the cattle belonging to non residents which may be found in this Territory, shall always be subject to be levied on and sold, to pay the fines and penalties which may be assessed on them, or on persons for neglect or refusal to make returns as aforesaid.

Sec. 5. And be it further enacted, That nothing herein contained shall prevent the inhabitants or persons actually removing into this Territory, from bringing in as many cattle as they may think proper, their own bona fide property, without any charge or expense, any thing herein contained to the contrary notwithstanding.

Sec. 6. And be it further enacted, That all monies assessed under, and by virtue of this act, shall be collected under the direction of the county court, be considered as part of the county funds, and applied to county purposes.

GEO. MURRAY, President of the Legislative Council.

Attested, F. J. FATIO, Clerk.

Approved June 29th, 1825. WM. P. DUVAL, Governor of the Territory of Florida.

Be it enacted by the Governor and Legislative Council of the Territory of Florida, That the Superior and County Courts of Florida shall always be open for the issuing and return of process, making, hearing and deciding motions, presenting, arguing and deciding upon petitions, granting injunctions and passing interlocutory orders and decrees.

Sec. 2. Be it further enacted, That the form of a subpoena and [to] answer, shall be as follows:

Territory of Florida to ________ greeting, You are hereby commanded and strictly enjoined that, laying all other business aside, and notwithstanding any excuse, you personally be and appear before the judge of our ________ Court, for the District or County of ________ (as the case may be) on the ________ day of ________ wherever the Courts may then be, to answer to a bill of complaint exhibited against you in our said courts by ________ and to do further, and receive what our said courts shall have considered in that behalf, and this you are not to omit, under a penalty of five hundred dollars. Witness, the ________ honourable ________ Judge of said Court, the ________ day of ________ in the year of ________ A. B.

Sec. 3. Be it further enacted, That the names of the defendant or defendants, however numerous they may be, may be inserted in one subpoena, and that the service thereof, may either be by a delivery of a copy thereof to such defendant, shewing the original at the time of such delivery, or to the wife of such defendant, or any white person above the age of fifteen years, residing in his or her family, at the time of such delivery at the dwelling house or usual place of abode of such defendant; and such service shall be made before, or on the day to which the process is made returnable; that the court from which the subp\oena has issued, the title of the cause and the words "copy of subp\oena" together with the name of the plaintiffs solicitor, shall be inscribed on the back of the copy of the subp\oena, which may be so served, and when such service shall be made by the ministerial officer of the court from which the subp\oena issued, it shall be his duty to note in writing in the original subp\oena, the time at which it came to his hands, and when served, the time and manner of the service thereof, which note shall be subscribed with his name and office. When service of process is made by any other person, other than the sworn officer of the court whence it issued, affidavit of the time and manner of the service must be made and returned in the original subpoena, and it shall be the duty of the ministerial or executive officers of the several courts of this territory, to make return of all process placed in their hands, and of their proceedings thereon, immediately after the service or execution thereof.

Sec. 4. Be it further enacted, That the first day of every term, and the first Monday in every month shall be the days to which process shall be made returnable; and when the process is returnable out of term, and shall have been served, the defendant or defendants shall cause his, her or their appearance to the subp\oena to be entered in the office of the clerk of the court from which it issued, on or before the first Monday in the month next succeeding the month in which the process was returnable, to a term, and when the process is returnable to a term of the court, and shall have been returned served, the defendant or defendants shall cause his, her or their appearance to be entered on or before the first Monday of the month, next after that in which the process was returnable, Provided, three weeks shall have elapsed from the return day thereof, and if not, then on the first Monday of the following month.

Sec. 5. Be it further enacted, That if process shall not be returned, it shall be the duty of the clerk of the court from which such process issued, to issue other similar process, if the same shall be required by the party at whose instance the process originally issued.

Be it enacted by the Governor and Legislative Council of the Territory of Florida, That an election for delegate shall be held on the first Monday of April eighteen hundred and twenty five, and a like election shall be held on the same day in every second year thereafter.

Sec. 2. Be it further enacted, That the county courts of the respective counties, be and hereby are empowered and directed to appoint such places in their respective counties for holding such election, as they may judge best suited to the convenience of the citizens, and they are hereby authorised and empowered to appoint three judges of the election, any two of whom shall have power to act, at each of the places by them appointed, and to receive and count the votes, which may be given at such places—in case of the death absence, inability to act or resignation of the judge of the county court, it shall be the duty of the clerk of the county court, to appoint the judges and places of holding the election.

Sec. 3. Be it further enacted, That previous to any votes being received, the judges shall appoint a clerk, and the said judges and clerk shall severally take an oath or affirmation, in the following form (to wit) I, A. B. do solemnly swear or affirm (as the case may be) that I will perform the duties of judge of the election (or clerk as the case may be,) according to law, and to the best of my abilities, and that I will studiously endeavor to prevent fraud, deceit and abuse in conducting the same; which oath or affirmation shall be administered by a judge or justice of the peace, present, at the opening of the election, but if no such judge or justice of the peace should be present, the judges of election are hereby authorised and empowered to administer the oath to each other, and to the clerk.

Sec. 4. Be it further enacted, That the votes shall be given by ballot, at the time and places of holding the election, and the poll shall be opened, at the hour of eight in the morning and closed at the hour of six in the afternoon of the same day, and the poll shall continue open for three successive days.

Sec. 5. Be it further enacted, That it shall be the duty of the judges to provide a ballot box, in which shall be deposited by one of the judges, the ballots as soon as they are given to him by the voters; and as the voters hand in their ballots, their names shall be taken down by the clerk in a book prepared by him for that purpose; and on each day when the hour for closing the polls has arrived, it shall be the duty of the judges, to count publickly the votes so given in by ballot, and to insert in a book prepared by them for that purpose, the number given to each candidate.

Sec. 6. Be it further enacted, That when two or more ballots are put in the box, folded as one ballot, they shall be destroyed and not counted, and where any ballot contains the name of more than one candidate, it also, shall be destroyed, and not counted.

Sec. 7. Be it further enacted, That within four days after the closing of the polls, the judges of the election shall seal up, enclose and deliver to the sheriff of the county in which the election was held, a certificate of the number and names of the candidates voted for, and of the number of votes given to each candidate, in the following manner "We the subscribers, judges of the election for a delegate to Congress, held at ________ in the county of ________ do hereby certify, that at the said election, held at the aforesaid place, A. B. and C. were candidates, and that there were given for A. B. the number of ________ votes and for C. D. the number of________ votes.

Signed D. E. F.G. Judges of Election.

And it shall be the duty of the sheriff within ten days after receiving the said certificate, to transmit it to the Governor of the Territory.

Be it enacted by the Governor and Legislative Council of the Territory of Florida, That from and after the first day of August next, which will be in the present year of our Lord, one thousand eight hundred and twenty three, no estate or interest of freehold, or for a term of years, of more than two years, or any uncertain interest, of, in or out of, any messuages, lands, tenements or hereditaments, shall be created, made, granted, conveyed, transferred or released in any other manner than by deed in writing, sealed and delivered in the presence of at least two witnesses, by the party or parties creating, making, granting, conveying transferring or releasing such estate, interest or term of years, or by his, her or their agent thereunto lawfully authorised, unless by last will and testament, or other testamentary appointment duly made, according to law; and that from and after the day and year aforesaid, no estate or interest, either of freehold or term of years, other than terms of years for not more than two years, or any uncertain interest, of, in, to or out of any lands, tenements, messuages or hereditaments, shall be assigned or surrendered, unless it be by deed, sealed and delivered in the presence of at least two witnesses, by the party or parties so assigning or surrendering, or by his, her or their agent thereto lawfully authorized or by the act and operation of law.

Be it enacted by the Governor and Legislative Council of the Territory of Florida, That every person of the age of twenty one years, being of sound mind, shall have power by last will and testament in writing, to devise and dispose of his, or her lands, tenements and hereditaments, and of his or her estate, right, title and interest in the same, in possession, remainder or reversion at the time of the execution of the said last will and testament, and of the slaves which may be possessed by him or her, at the time of his or her death, Provided, That every such last will and testament shall be signed by the testator, or by some other person in his or her presence, and by his or her express directions, and shall be attested and subscribed in the presence of the said testator or testatrix, by three or more witnesses; or else it shall be utterly void and of none effect.

Sec. 2. Be it further enacted, That no such devise or disposition of lands, tenements, hereditaments or slaves or any part or clause thereof, shall be revocable by any other will or codicil unless the same be in writing and made as aforesaid; but every such last will and testament, devise or disposition may be revoked by any other writing, signed by the testator or testatrix, declare the same to be revoked, or operating as a revocation thereof by law; or by burning, cancelling, tearing or obliterating the same, by the testator or testatrix, or by his or her direction and consent; or by the act and operation of law.

Sec. 3. Be it further enacted, That no nuncupative will shall be good, that is not proved by the oaths of three witnesses, at the least, that were present at the making thereof, nor unless it be proved by the said witnesses that the testator, at the time of pronouncing the same, did desire the persons present, or some of them, to bear witness that such was his or her will, or to that effect; nor unless such nuncupative will were made in the time of the last sickness of the deceased, and in the house of his or her habitation or dwelling, or where he or she had been resident, for the space of ten days or more, next before the making of such will, except where such person was surprised by sickness, being from his own home, and died before he or she returned to the place of his or her dwelling.

Sec. 4. Be it further enacted, That after six months passed after the speaking of said testamentary words, no testimony shall be received to prove any nuncupative will, unless the said testimony, or the substance thereof, were reduced to writing, within six days from the making of the said will, and were sworn to before some judicial officer of this Territory within the said six days.

Sec. 5. Be it further enacted, That no letters testamentary or probate of any nuncupative will, shall be granted until sixty days at least from the death of the testator or testatrix, nor shall any nuncupative will be received to be proved, until citation have issued and have been published, or served upon the widow or next of kin of the deceased, at least sixty days from the time appointed for proving such will, calling in the said widow or next of kin, in order that they may contest the same, if they think fit.

Sec. 6. Be it further enacted, That no will in writing concerning any goods or chattels, shall be revoked, nor shall any clause, devise or bequest therein, be altered and changed, by any words, or will by words of mouth only, except the same be in the life of the testator or testatrix, committed to writing, and after the writing thereof, read unto the testator, and allowed by him, and be proved to be done, by three disinterested and credible witnesses at the least.

Sec. 7. Be it further enacted, That last wills and testaments, both of real and personal property may be admitted, to probate upon the oath of any person appointed executor or executrix thereto, or when no executor or executrix is appointed, of any other credible person having no interest under the will, that he or she verily believes the writing exhibited as the last will and testament, to be the true last will and testament of the deceased, which probate may be granted in term time, or vacation, by the several judges of the county courts, or by the several clerks thereof in vacation, in case of the absence or inability of the judges to act, subject to the confirmation or revocation of the court.

Sec. 8. Be it further enacted, That the probate of wills, so far as concerns any personal estate, other than slaves, shall be conclusive as to the validity of the will of which it is the probate; and that the probate of wills as far as concerns real property and slaves, shall be prima facie evidence of the validity of the will, of which it is the probate, in any suit or controversy in relation to, or concerning the property, thereby devised or bequeathed, and it shall and may be lawful for any and every person or persons interested, to make application to the court in which the probate of any will may have been granted, for a revocation of such probate, by petition to the said court, which petition shall set forth the grounds upon which revocation is demanded, and a copy thereof, together with a citation to appear and answer the same, shall be served upon the executor or executrix or administrator or administratrix, with the will annexed, at least thirty days before the term of the court to which such citation may be returnable; and the party cited to answer the said petition shall file his or her answer to the same, ten days before the court to which the citation is returnable, and the said court shall upon the petition and answer of the said parties, and the proof adduced by them, which shall in all cases be taken down in writing in open court, confirm or revoke the said probate, according to the law and justice of the case at the term of the court to which the citation shall be returnable, unless good cause be shewn for a continuance.

Sec. 9. Be it further enacted, That probate of wills duly obtained and granted, by any court in any of the States, Territories or Districts in the United States, or in any foreign country, which relates to property in this Territory, shall be admitted to record in the aforesaid county courts, and shall, when so recorded, have the same force and effect as to the disposition of the property thereby devised or bequeathed, as wills executed in this Territory; Provided the said wills made out of this Territory, shall have conformed to the laws thereof, in the form and manner of their execution.

Sec. 10. Be it further enacted, That nothing in this act contained shall be construed to effect [affect] the rights already vested by the pre-existing Spanish laws in this Territory, in married women, in regard to their power of devising or bequeathing their separate property.

GEO. MURRAY, President of the Legislative Council.

Attested, F. J. FATIO, Clerk.

Approved June 29th 1823. WM. P. DUVAL, Governor of the Territory of Florida.

Be it enacted by the Governor and Legislative Council of the Territory of Florida, That in all cases where an appeal is taken from the decision of a justice of the peace, to any of the superior or county courts of this Territory, the appeal being entered in the superior or county courts having jurisdiction, the cause shall be there heard and tried upon the merits de novo, on the transcript of the judgment and other papers, as filed therein, from the justices court, as though no trial had taken place in the said cause. And the parties to the appeal shall be respectively entitled to the benefits of such legal evidence as they may be enabled to procure, any law to the contrary notwithstanding.

Sec. 2. Be it further enacted, That in all cases of appeal to the superior or county courts of this Territory, the said courts shall cause judgment to be entered up, on the trial of the appeal, and shall cause execution to issue as in other cases.

GEO. MURRAY, President of the Legislative Council.

Attested, F. J. FATIO, Clerk.

(Approved June 29th, 1823.) WM. P. DUVAL. Governor of the Territory of Florida.