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Court.

SECTION 1. The Supreme Court shall appoint a Clerk of the Clerk Supreme Supreme Court, who shall have his office at the Capitol, and shall be Librarian of the Supreme Court library; he shall How appointed, hold his office until his successor is appointed and qualified, and term. (a)

SEC. 2. The Clerk of the Supreme Court shall give bond in Clerk's bond. the sum of two thousand dollars, to be approved by the Attorney-General or by two Justices of the Court, and his bond shall be filed in the office of the Secretary of State, conditioned for the faithful discharge of the duties of his office; and, until otherwise provided, he shall receive such fees as were provided

by former statutes, and he may appoint a deputy clerk who Deputy clerk. may, in the absence of the Clerk or under his direction, perform all the duties of the Clerk, and for whose acts the Clerk shall be responsible. (b)

SEC. 3. The Clerk of the Supreme Court shall keep his office in Clerk shall the Capitol of the State, in a room assigned him for that pur- Capitol. keep his office pose, contiguous to the Supreme Court room, where all books, papers, records, files, and the seal of said court shall remain, and it shall be his duty, in person or by deputy, to attend the shall attend the sessions of said court wherever the same may be holden, and sessions of the Supreme Coutr. shall keep, in substantial bound books, fair and regular minutes of the proceedings of said court, a record of all its judicial Records. acts, a docket of its causes and such other books as said court Duties. may from time to time order and direct, and shall do and perform all other things which by law or the rules of said court shall appertain to his office, and shall certify when required Proceedings of Supreme Court. (upon the payment of his fees) all proceedings of said court. (c)

SEC. 4. The said Clerk may appoint a deputy at any place Deputy. where said court may be holden, who being sworn may dis

(a) Sec. 6. Art. 6, Const. of 1868.
(b) Sec. 8, Chap. 1626, Act of 1868.

(c) Sec. 1, Chap. 1137, Act of Feb. 8. 1861.

Decisions of

charge all the duties of the office of the Clerk during his absence, and said Clerk shall in all cases be responsible for the acts of such deputy and provide for his compensation. (c)

SEC. 5. All decisions and opinions delivered by said court or Supreme Court. by any Justice thereof in relation to any action or proceeding pending in said court, shall be filed and remain in the office of said Clerk in the Capitol, and shall not be taken out except by order of the court; but said Clerk shall at all times be required to furnish to any person who may desire the same certified copies of such opinions and decisions, upon receiving his fees therefor. (c)

Copies of opinions.

Clerk to deliver

SEC. 6. It shall be the duty of said Clerk to furnish and decertified copies liver to the Attorney-General, within a reasonable time after of opinions. &c. the adjournment of each term of the court, duly certified copies of the head notes, opinions and statements of cases made by the Justices, and of briefs of counsel in each case decided at such term, and to furnish and deliver to the AttorneyGeneral, on his requiring the same, duly certified copies of or extracts from any other papers or records appertaining to any case decided at such term. (d)

Costs.

Execution.

Stationery.

SEC. 7. No copies of the record or of any other paper on file in the court shall be taxed as costs against the losing party, except such as may have been ordered by the said party or his attorney. (e)

SEC. 8. On the rendition of any judgment or decree in said court for costs, said Clerk, as soon as may be by the rules of said court, shall issue execution in accordance with the terms of said judgment or decree, directed to all and singular the sheriffs of the State of Florida, and returnable in ninety days from the date of the issue thereof; and it shall be the duty of any sheriff receiving such execution to proceed forthwith to collect the same, as is now directed by law. (e)

SEC. 9. The Clerk shall be entitled to such stationery and fixtures as may be necessary for the use of his office, to be purchased and paid for in like manner as for other State officers in the Capitol; and said clerk shall receive for copies of records, opinions, &c., furnished the Attorney-General, the Tax for copies. same sum as allowed by law for copies in other cases, which accounts, after being approved by one of the Justices of said court, shall be audited and allowed by the Comptroller and paid by the Treasurer. (f)

Clerk allowed mileage.

SEC. 10. Whenever by the death or resignation of any of the deputies appointed by said Clerk, or from other cause, it may be necessary for said Clerk to attend the sittings of said court at any place other than at Tallahassee, he shall be allowed ten cents per mile for his travel to and from Tallahassee to any place where he may attend said court, his account therefor to

(c) Secs, 2 and 3, Chap. 1137, Act of Feb. 8. 1861.

(d) Sec. 1, Chap. 3265, Act of Feb. 11, 1881.

(e) Secs. 5 and 6, Chap. 1137, Act of Feb. 8, 1881. (f) Sec. 7, Chap. 1137, Act of Feb. 8, 1861.

be approved and paid in like manner as provided for records furnished the Attorney-General. (f)

SEC. 11. The binding of all the volumes of the Supreme Payment for Court reports as shall be bound, shall be paid for by the clerk binding. out of the proceeds of the sales of volumes sold by him, and he is hereby authorized to sell the said volumes as follows: For

the unbound volumes, five dollars; for bound volumes, five dol- Sale price. lars and the actual cost of binding each volume; for such volumes as have been heretefore published, which are smaller than volume thirteen, such price as shall be fixed by a majority of the Justices of the Supreme Court. (g)

sales.

SEC. 12. The clerk shall keep an accurate account of the sales Account of made by him, and make report to the court at each term thereof of the number of volumes sold, and the amount received therefor, and of the expenditure thereof under the provisions of section eleven; and before such reports shall be delivered to him by the Secretary of State, the said clerk shall execute to the Goy- Bond of clerk. ernor of this State a bond in the penalty of two thousand dollars, with sureties to be approved by the Comptroller, and which bond shall be conditioned that the said clerk shall faithfully account for all said volumes of reports and the moneys received for them. (g)

Proceeds of sale

in purchase of

library.

SEC. 13. The said Clerk, after paying for the binding of such volumes as may be bound, shall, under the direction of the to be expended Supreme Court, expend the proceeds of the volumes sold by new books for him for rebinding such worn books as may be rebound, for the Supreme Court purchase of such new books as may be required by said Justices to be purchased for the library, and for such incidental expenses as may be necessarily incurred in connection with the office of Librarian of the Court, and shall pay the residue thereof into the State Treasury on the first day of January, April, July and August of each year. (g)

lists of books.

SEC. 14. It shall be the duty of the Clerk of the Supreme clerk Supreme Court to prepare and file in his office a list of the books in the Court to make library under his control on the first day of January and July of each year, and in such list he shall show what books have been lost from the library since his last return, as well as what additional books have been received.

(h)

rian of Supreme

SEC. 15. The Clerk of the Supreme Court as Librarian shall Salary as librareceive such a per diem as will make his compensation as Libra- Court. rian equal to the sum of three hundred dollars per annum. (1) SEC. 16. The Clerk of the Supreme Court shall receive for Fees of Clerk each day's attendance in court three dollars, and such fees as Supreme Court. are allowed the Clerks of the Circuit Courts for like service.

(j)

(f) Secs. 8, Chap. 1137, Act of Feb. 8, 1861.

(g) Secs. 2, 3 and 4, Chap. 1901, Act of 1872.

(h) Sec. 2, Chap. 3053, Act of March 2, 1877.

(i) Sec. 1, Chap. 3053, Act of March 2,
1877.
(j) Sec. 1, Chap. 3106, Act of March 7, 1879.

Forms of grants

and commissions.

Commission to

cuting bond.

&c.

CHAPTER 22.

COMMMISSIONS.

1. Forms of grants and commissions.

2. No commissions to issue until bond is filed, if bond required.

3. Governor to issue commission; form of commission.

4. Secretary of State to keep record of commissions: oath of office and letter of acceptance, to be forwarded person appointed to office. 5. Tax upon commissions, how and when paid.

SECTION 1. All grants and commissions shall be in the name and under the authority of the State of Florida, sealed by the great seal of the State, signed by the Governor, and countersigned by the Secretary of State. (a)

SEC. 2. No commission shall be issued by the Governor of issue after exe- this State to any person who is by law required to give bond, before he shall enter upon the duties of his office, until after such bond shall have been duly executed, approved and filed in the office where it is required by law to be deposited, and official notice thereof given to the Governor. (b)

Governor to commission.

Form of.

SEC. 3. Every person elected or appointed to any office in this State, or under the authority of any law thereof, and required by law to be commissioned by the Governor, shall be so commissioned by a commission in the following form:

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA.
To all whom these presents may come, greeting:

WHEREAS, (naming the officer,) has been duly elected (or appointed, as the case may be,) according to the Constitution and laws of said State, to be (specifying the office) from the

day of
until (stating the time his term of office ex-
pires, or the term of his office as prescribed by the Constitution
and laws.) Now, therefore, the said
is hereby commis-

sioned to be such (naming the office) according to the Consti-
tution and laws of said State, for the term aforesaid, and to
have, hold and exercise the said office and all the powers ap-
pertaining thereto, and to fulfill the duties thereof, and to re-
ceive the privileges and emoluments thereof as aforesaid.

[SEAL.]

In testimony whereof, the Governor of said State
has signed this Commission, and caused the
great seal of the State to be affixed thereto at
the Capitol in Tallahassee, this day of
A. D. 18, and of the Independence of the
United States the year, and of the Inde-
pendence of Florida the year.

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SEC. 4. All commissions issued by the Governor shall be re- Record of comcorded in the office of the Secretary of State in a book of com- mission, oaths missions and an index made thereof, and the oath of office of and acceptance. the person named in said commission shall be endorsed on said commission, and accompanying the commission there shall be transmitted to each officer a printed acceptance of said commission, and his oath of office, which shall be subscribed and taken by such officer, and returned to the office of the Secretary of State and filed therein, and a note thereof made on the record of said commission by the Secretary of State. (c)

missions issued

SEC. 5. There shall be hereafter paid by or in behalf of any Tax on comperson appointed to any office the sum of money herein men- to appointees tioned, to be paid to the State Treasurer in current money of for office. the United States, before the issuing of any commission, towit: Upon the commission of the Chief Justice, seventy-five dollars; upon each commission as Associate Justice, seventy dollars; upon each commission as Circuit Judge, sixty dollars; upon each commission as a Cabinet Officer, fifty dollars; upon each State Attorney's commission, thirty dollars; County Judges, Clerks of the Circuit Court and Sheriffs, each, ten dollars; Assessors of Taxes and Collectors of Revenue, five dollars each; all other officers, one dollar each. (d)

CHAPTER 23.

COMMISSIONERS OF DEEDS.

1. Commissioners to be appointed in each State and Territory; duties, &c.

2. Power and authority of Commissioner.

3. Oath of office required.

in each State

SECTION 1. The Governor shall be, and he is hereby, author- Commissioners ized to name, appoint, and commission one or more Commis- to be appointed sioners in each of the States and Territories of the United and Territory. States, and in the District of Columbia, as he may deem expedient; which Commissioners shall continue in office during the pleasure of the Governor; and shall have authority to take the acknowledgments and proof of the execution of any deed, mortgage, or other conveyance of any lands, tenements, or hereditaments, lying or being in this State, any contract, letter of attorney, or any other writing under seal to be used or recorded in this State; and such acknowledgment or proof, taken or made in the manner directed by the laws of this State, and certified by any one of the said Commissioners, before whom the same shall be taken or made, under his seal,

(c) Sec. 2, Chap. 12, Act of July 24, 1845.

(d) Sec. 2, Chap. 1936, Act of Feb. 20,

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