Sales of certain property ex

empt from taxation.

Fees of auctioneer.

Proviso.

for taxes due to the State, or any city or county thereof; or of property sold under execution, or by a decree or order of court; or of property belonging to the State, or any county or city thereof; or of property sold by an executor, or administrator, or guardian, in his capacity as such. And the provisions of the sixth section of this chapter shall not apply to any such executor, administrator, or guardian. (h)

SEC. 9. It shall not be lawful for any autioneer to charge or receive a greater per cent. than four per cent. over and above the tax accruing to the State, upon any goods, or other articles sold by him: Provided, The amount of property sold does not exceed one thousand dollars, and for all sums above that, two per cent. on the amount of such excess. (i)

Complaint of mother of bastard to be made.

16 Fla., 830.

CHAPTER 11.

BASTARDS.

1. Complaint of mother of bastard, when and how to be made; proceedings to be had.

2. Trial of bastardy to be had before Circuit Court; how had.

3. Judgment and proceedings in case of conviction.

4. Plaintiff to pay costs in case of acquittal.

mizes child and makes bond void.

6. County Judge to appoint guardian for child; guardian to give bond.

7. Children must support destitute parents.

8. Proceedings to enforce this law.

9. Order of court to have force

5. Subsequent marriage legiti- of execution or garnishment.

SECTION 1. When any single woman, who shall be pregnant or delivered of a child who by law would be deemed and held a bastard, shall make complaint to any one or more Justices of the Peace for the county where she may be so pregnant or delivered as aforesaid, and shall accuse any person of being the father of such child, it shall be the duty of such justice or justices to issue a process, directed to the sheriff, coroner or constable of such county, against the person so accused as aforesaid, and cause him to be brought forthwith before him or them; and upon his appearance it shall be the duty of said justice or justices to examine the said female on oath, in the presence of the man alleged to be the father of the child, touching the charge against him; and if said justice or justices shall be of opinion that sufficient cause appears, it shall be his or their duty to bind the person so accused in bond with good and sufficient security to be and appear before the next Circuit

(h) Sec. 10, Chap. 221, Act of Jan. 12,

(i) Sec. 3, Act of Nov, 21, 1829.

Court to be holden for said county, and in the meantime to be of good behavior. (a)

Circuit Court.

SEC. 2. Tne Circuit Court aforesaid, at their next term, shall Trial of bashave full and complete cognizance and jurisdiction of said tardy before charge of bastardy, and shall cause an issue to be made up, whether the reputed father is the real father of the child or not, which issue shall be tried by a jury; Provided, nevertheless, 16 Fla., 554. That the inquiry shall not be ex parte, but the reputed father shall have a right to appear by himself or counsel and controvert by all legal evidence the charge alleged against him. (a)

case of convic

SEC. 3. If the issue be found against the defendant or re- Judgment and puted father, then he shall be condemned, by the judgment of proceedings in said court, to pay not exceeding fifty dollars, and all necessary tion. incidental expenses attending the birth of said child, at the discretion of said court, yearly for ten years, toward the support, maintenance and education of said child; and the said reputed father shall give bond with good and sufficient security, to be approved by the court, for the due and faithful payment of said sums of money at times therein named, which shall be 16 Fla., 554. made payable to the said court, and laid out and appropriated under their special order and direction, from time to time made; which said bond shall be and hereby is declared to have the same force, validity and effect as a judgment of said court, upon which execution may issue as often as money thereon shall become due and payable; Provided, however, That if said child should not be born alive, or being born should die at any time, and that fact suggested upon the record of the Circuit Court, then and from that time the bond aforesaid shall be void. (a)

SEC. 4. If upon the trial of the issue aforesaid it shall be In case of acfound by the jury against the woman, or that such bastard is quittal. not the child of the reputed father, then the judgment of the court shall be that the defendant or reputed father be discharged, and that the woman making the complaint shall pay all costs occasioned thereby. (b)

parties.

SEC. 5. If the mother of any bastard child and the reputed Subsequent father shall at any time after its birth intermarry, the said child marriage of shall, in all respects, be deemed and held legitimate, and the bond aforesaid be void. (b)

appointed.

SEC. 6. It shall be the duty of the Judge of the County Guardian of Court to appoint a guardian or guardians to said child; and child to be upon his, her or their entering into bond with good and sufficient security, to be approved by the Judge, for the faithful performance of his, her or their duty, the money shall be paid over by the court to such guardian or guardians. (b)

port destitute

SEC. 7. The children of natural parents who are unable to Children to supsupport themselves shall be and are hereby required to make parents. provisions for their support. (c)

(a) Secs. 1, 2 and 3, Act of Jan. 5, 1828. (b) Secs. 4, 5 and 6, Act of Jan. 5, 1828.

(c) Sec. 1, Chap. 1476, Act of January 11, 1866.

Proceedings to

SEC. 8. On information filed before a Justice of the Peace, enforce this act. by any person whomsoever, stating that certain persons have made no adequate provisions for the support of their father and mother, or either of them, the said Justice of the Peace shall cause a summons to be issued to said parties, and evidence to be taken as to the truth of the facts stated in said information, and if the same shall be found true, after a fair trial in which the defendant shall have the right to be heard by counsel, the said Justice of the Peace shall issue an order making an assessment on the said children for such amount as shall be necessary for the support of their parents. (c)

Order of court

SEC. 9. Said order shall carry with it the right of enforceto have force of ment by execution, and shall have the force and effect of a writ an execution or of garnishment on the wages of such children, and shall further garnishment. provide for the person to whom, and the manner in which, the money assessed therein shall be paid. (c)

CHAPTER 12.

BONDS COUNTY.

1. When County Commissioners allowed to make arrangements for issue of bonds; record of amount and character of bonds to be kept. 2. Resolutions of commissioners must be published before bonds can be issued.

3. Manner of holding election for issuing of bonds; ballots; inspectors; vacancies among inspectors, how filled.

10. Application of proceeds of bonds sold.

11. Cancellation of exchanged bonds, how performed; memorandum of such to be kept; cancelled bonds to be kept as vouchers.

12. Duty of commissioners to levy taxes to pay interest on bonds.

13. Commissioners to appoint Trustees of County Bonds; trustees to give bond; conditions, &c.,

4. Mode of conducting election of bond; may be required to give and canvass.

5. Result of election to control issuing of bonds.

6. Notice for purchase of bonds, how, when and where made; power of commissioners to reject or accept bids; minimum price of bonds.

7. Commissioners to prescribe form of bond.

8. Commissioners may require surety of all bidders for bonds; liability of bondsmen.

9. Form of bids for bonds.

additional security.

14. Collector of Revenue to pay such bond tax to trustees; how trustees to pay out or invest such moneys.

15. Trustees to make annual report to County Commissioners; what such report to contain.

16. Resignation or removal of trustees, how effected.

17. Manner of filling vacancies in Board of Trustees.

18. Compensation of trustees.

(c) Secs. 2 and 3, Chap. 1476, Act of Jan. 11, 1866.

Purposes of

Amount and

SECTION 1. Whenever the Board of County Commissioners of any county shall deem it expedient to issue bonds of their issue. county, for the purpose of erecting a court-house or jail, and funding the outstanding indebtedness of the county, or for either of such purposes, they shall determine by resolution, to character of be entered in their records, what amount of bonds is required bonds. for such purpose, the rate of interest to be paid thereon, and the times when the principal and interest of such bonds shall be due and where payable. (a)

missioners.

SEC. 2. Before any such bonds shall be issued, the resolution Publication of mentioned in the previous section shall be published in the resolution of several newspapers printed in the county at least once in each minty Comweek for four weeks prior to the election mentioned in the next section, but if no newspaper be published in the county, publication shall be made in some paper published in the Judicial Circuit which includes such county. (a)

SEC. 3. After determining the amount of bonds proposed to Election. be issued, the Board of County Commissioners shall appoint a day for the holding of an election, not less than four weeks notice of which shall be published in the manner prescribed in the preceding section, at which the question shall be submitted to the legal voters of the county whether such bonds shall be issued, and the form of the ballots for such election shall be, Ballots. For Bonds," or "Against Bonds." Such election shall be held at the several places where the last general election was held in said county, unless the County Commissioners shall otherwise order, and the County Commissioners shall appoint Inspectors. the inspectors of election for each precinct; Provided, That if the County Commissioners shall fail to appoint inspectors, or

(a)

if any of the inspectors appointed shall fail to appear at the Vacancies. time of opening the polls of the election, the electors assembled may elect, by acclamation, a sufficient number of qualified voters to supply all vacancies in the board of inspectors. SEC. 4. Such election shall be conducted, and the canvass of Canvass, &c., the votes certified to and returned, and the canvass of the re- of election. turns made in the manner and within the time prescribed for holding general elections, and the certificate of the canvass, Record of by the County Canvassers, shall be recorded as provided by certificate. the law regulating elections. (a)

issuance.

SEC. 5. If it shall appear by the returns of said election that Result of eleca majority of the votes cast upon the subject shall be "For tion to control Bonds," the County Commissioners shall be authorized and required to issue such bonds as may be necessary for the purposes specified in their resolution as published, and not exceeding the amount therein named, but if a majority of the votes shall have been "Against Bonds," no bonds shall be issued. (a) SEC. 6. In case the issuing of bonds shall be authorized by Notice for bids the result of such election, the County Commissioners shall for purchase of cause notice to be given by publication in the newspapers pub

bonds.

(a) Secs. 1, 2, 3, 4 and 5, Chap. 2088, Act of March 2, 1877.

lished in the county, (or in some paper published in the same Judicial Circuit, if there be none published in the county,) that they will receive bids for the purchase of county bonds at the Clerk's office, on or before the expiration of thirty days from the first publication of said notice. The notice shall specify the amount of bonds offered for sale, the rate of interest, and the times when the principal and instalments of interest shall be due and where payable. Any and all bids may be rejected if Power to accept the Commissioners shall deem it for the interest of the county or reject bids. so to do, and they may cause a new notice to be given in like manner, inviting other bids for said bonds: Provided, That Minimum price. Such bonds shall not be sold at less than ninety-five cents upon the dollar. (b)

SEC. 7. The County Commissioners may prescribe the form Form of bonds. and the denomination of the bonds to be issued, and such bonds may be issued with or without interest coupons, as may be deemed expedient. (b)

Bond, &c., of bidders.

Form of bids.

Application of proceeds.

Cancellation of exchanged evidence of indebtedness.

and sinking

fund.

SEC. 8. The County Commissioners may require of all bidders for said bonds that they give security by bond, running to the County Treasurer, with sureties, that the bidder will comply with the terms of the bid, and any bidder whose bid shall be accepted shall, with his sureties, be liable to the county for all damages on account of the non-performance of the terms of his bid. (b)

SEC. 9. All bids for bonds shall specify the amount of bonds bid for, the denomination required and the time when the bidder will comply with his bid, and shall also specify whether the bid is in current money, or in evidences of indebtedness against the county. (b)

SEC. 10. The proceeds of all bonds sold for money shall be paid over to the County Trustees, to be disbursed by them for the purposes for which such bonds were sold, and for no other purpose. (b)

SEC. 11. When such bonds shall be sold or exchanged for the evidence of indebtedness of the county, such evidence shall be cancelled in such manner that the same cannot be again used, and a memorandum of all such evidences of indebtedness shall be made in the minutes of the Board, so that the same may be identified. Such cancelled vouchers shall be sealed in an enclosure, and filed for future reference. (b)

SEC. 12. When any county bonds shall have been issued in Tax for interest pursuance of this act, it shall be the duty of the County Commissioners to levy annually by tax upon the taxable property in the county a sum sufficient to pay the interest of said bonds, and also a sum sufficient to meet the amount annually required to be raised as a sinking fund to meet the principal of the bonds, which sinking fund shall be provided for by resolution of the Board of County Commissioners before the issuing of any of the said bonds. (c)

(b) Secs. 6, 7, 8, 9, 10 and 11, Chap. 2088, Act of March 2, 1877.

(c) Sec. 12. Chap. 2088, Act of March 2,

1877.