Imagens das páginas
PDF
ePub

how made,

SECTION 1. Any person or persons seized of land which is Application, overflowed or liable to be overflowed with water, having given notice, &c. two months' notice by advertisement set up at the court-house door of the county wherein the land lies, and to the owners of, or persons residing on the land through which he wishes to cut a ditch for the purpose of draining his lands, of his intention to apply to the Board of County Commissioners of said county for a commission to have a way laid out for that purpose, (and said application may be made in person or by peti- Petition. tion in writing to said board,) and upon proof being made to the satisfaction of the board that notice has been given, as aforesaid, or upon the other persons interested appearing and waiving the notice as aforesaid, the board may issue a commission to any three freeholders in said county, agreed on by all parties, empowering them or a majority of them to lay out a way for a ditch to run through the lands mentioned in the commission, according to the directions of this chapter; but if the persons interested shall not agree on the persons to be commissioned, then, and in that case, the said board shall appoint three discreet persons, freeholders, not interested in the lands nor related by consanguinty or affinity to either of the parties, to whom a commission shall issue as aforesaid. (a)

Commissioners

missioners.

SEC. 2. The said commissioners or a majority of them shall Power and duty give notice, by advertisement, set up at the court-house door of the Comof the county, and at such other places as they may deem most effectual, of the time of their meeting, thirty days, at least, before their meeting, which meeting shall be on the land in and upon which said ditch or drain shall be petitioned to be cut, when they shall enter upon and proceed in the execution of their commission, agreeably to the notice given by them, as aforesaid; but before any commissioner shall proceed in the execution of any commission, otherwise than by notice as aforesaid, he shall take an oath or affirmation, before some Justice of the Peace or some one of the commissioners, (who are hereby authorized to administer the same,) that he will without favor or partiality, lay out a way for a ditch, which, according to the best of his judgment, will best answer for draining off the water from the lands mentioned in said commission, regarding the interest of all parties, and truly to ascertain the damages, if any, to the person or persons through whose land or lands such ditch shall be cut, and a true return to make thereof to the board: Provided, always, That no such ditch shall be made or laid out through any garden, yard or grove, except with the consent of the proprietor: And provided, also, That any person apprehending himself or herself aggrieved by the determination of the board, either in granting or refusing to grant the commission aforesaid, may appeal to the Circuit Court, holden in and for said county, whose determination shall be final. (a)

(a) Secs. 1 and 2, Act of Feb. 15, 1834.

Further powers and duties.

Compensation for injury to lands.

Record of proceedings.

Penalty for obstructions.

SEC. 3. The said commissioners, or any one or more of them, may adjourn from time to time as he or they may think necessary, and they, or a majority of them, shall cause a way for the ditch (in case such ditch shall be deemed necessary) to be marked out by the surveyor of the county, or by such other person as they may think fit to appoint for the purpose, of such width not exceeding twenty feet, and of such length as they may deem necessary for draining off the water, regarding the interest of all the persons through whose lands the water may run, until it shall be emptied into some branch or other sufficient vent to discharge the same, and may cause trees to be marked or marks to be set up to perpetuate the location of the same. (b)

SEC. 4. The commissioners, or a majority of them, shall determine the compensation to be made to the owners of the lands through which the ditch shall pass; which compensation, together with all expenses attending the commission, shall be paid by the person or persons applying for such commission, and the ditch, when cut, shall be kept open and repaired at the expense of the person or persons applying for the same. (b) SEC. 5. After any way or ditch shall be laid out agreeably to this chapter, the court shall direct the application for such way or ditch, and the return thereof, to be recorded at the expense of the party applying for the same; and thereupon and thereafter the privilege of venting and draining off water shall be vested in the person or persons applying for the same and paying for it, and to their heirs and assigns forever. (b)

SEC. 6. It shall not be lawful for any person to stop up or change, or in any way to impede the flowing of the water in any ditch or cut under this chapter under the penalty of twenty dollars for every such offence, to be paid to the party injured, and to be recovered before any Justice of the Peace: Provided always, That the owners of any lands through which a ditch, laid out as aforesaid, may run, shall not be debarred of the privilege of crossing said ditch with convenient bridges and the necessary fences for enclosing and dividing the lands. (b) SEC. 7. The person or persons whose lands shall be overflowed obstruction by with water in consequence of impediments from the falling of party injured. the trees or floating of timber or other obstructions across any natural drain, sink or branch, may give notice to the owner of the land on which such impediments may be, and if he shall refuse or neglect to remove the same after two days' notice, then it shall be lawful for the person or persons whose land may be overflowed as aforesaid to cause the said obstructions to be removed. (b)

Removal of

Shall not affect mills.

SEC. 8. Nothing in this chapter shall be construed to affect rights of the owners of mills, nor shall any commissioner under this chapter have power to lay out a ditch to draw off the water from any mill. (b)

(b) Secs. 3, 4, 5, 6, 7 and 8, Act of Feb. 15, 1834.

SEC. 9. Each commissioner shall be entitled to one dollar Compensation to Commissionand twenty-five cents for every day he shall attend in the exe-ers and others. cution of such commission; any person acting as surveyor shall receive such allowance per day as shall be adjudged by the commissioners, not exceeding two dollars and fifty cents for every day he shall be necessarily employed; and each chaincarrier shall be entitled to receive one dollar per day, to be paid by the person at whose request the service shall be performed; and, if necessary, attachment shall be issued by the Circuit Court to compel such payment. (b)

CHAPTER 136.

LANDS SOLD FOR TAXES- - REDEMPTION OF.

1. Certain lands sold for taxes to be certified to Commissioner of Lands and Immigration.

2. Lands subject to redemption to be advertised.

3. Terms of redemption.

certain lands to be published.

16. Such lands, how redeemed. 17. When Commissioner to sell such land; such land, when subject to private entry.

18. Form of deed given by Com

4. What warrants receivable for missioner to persons redeeming lands so redeemed.

5. What lands to be advertised after January 1, 1881; what lands subject to private entry after January, 1881.

land.

19. Such deed, when to be recorded.

20. Deed to be evidence of regularity of proceeding; deed a bar

6. Disposition of proceeds of after certain time. such lands.

7. Limitation of this law.

8. Certain lands sold for taxes prior to 1876 may be redeemed before 1883.

9. Persons who wish to redeem lands, when to apply by petition; what petition to contain.

10. When County Commissioners to appoint appraisers.

11. Duty of appraisers. 12. Report of appraisers. 13. When Comptroller to make statement of amount due for taxes. 14. Fees of appraisers.

15. Commissioner of Lands and Immigration to prepare lists of

21. Recording of deed to give possession.

22. Proceeds of certain sales granted school fund.

23. Certain lands to be surrendered; when to be, and manner of surrendering.

24. State authorized to buy certain lands sold for taxes; proceedings to be had.

25. How redeemable.

26. Commissioner of Lands to deliver certain certificates to County Commissioners.

27. Commissioners to give notice of consideration of certain certificates.

(b) Sec. 9, Act of Feb. 15, 1834.

Certain lands

to be certified to Commis

sioner of Lands.

Redemption

advertisement.

Terms of redemption.

Warrants, receivable for.

of lands after
January 1,
A. D. 1881.

28. Commissioners, assessor and collector to examine certificates.

29. Disposition of certificates if land is correctly assessed.

certificates.

31. Commissioners may reduce assessments.

32. Division of proceeds of sale 30. Redemption and sale of such between State and county.

SECTION 1. All lands heretofore sold for taxes and bought by the State or any county, which were not redeemed on or before the first day of January, A. D. 1879, sold or advertised for sale prior to the 15th of February, A. D. 1879, in some newspaper, in compliance with section 3 of an act to provide for the redemption of lands sold for taxes, approved March 7, 1877, shall be certified to and recorded in the office of the Commissioner of Lands and Immigration within three months after the passage of this law. (a) (*)

SEC. 2. It shall be the duty of the Commissioner of Lands and Immigration, as soon as the list of said lands shall have been recorded in his office, to advertise in one newspaper published in each Judicial Circuit the fact that such lands are subject to redemption during the years A. D. 1879 and 1880. (a)

SEC. 3. All persons whose lands have been sold for taxes and purchased by the State or any county, shall be authorized and allowed to redeem the same upon payment of the several assessments for which such sales were made, and upon payment also of the amount of the last assessment made on said lands for each year that such persons have been in the use and occupation of the same, and have not paid the annual tax thereon: Provided, That such lands shall not have been transferred at the time of the passage of this law: And provided further, That such redemption under this law shall be made prior to the first day of January, A. D. 1881. (a)

SEC. 4. For the redemption of such lands the Commissioner of Lands and Immigration shall receive in payment such warrants or scrip as are receivable in payment of State taxes proper: Provided, That for so much interest in such lands as is owned by any county in consequence of its purchase of any such lands, the Commissioner of Lands and Immigration shall receive such warrants or scrip as is outstanding and unpaid; and where there are no warrants or county scrip of any county outstanding and unpaid, the redemption shall be made in currency. (a)

SEC. 5. Immediately after the first day of January, 1881, Advertisement the Commissioner of Lands and Immigration shall advertise the full list of such lands then unredeemed, for four weeks, in some newspaper published in the city of Tallahassee; and shall also advertise four weeks in a newspaper published in the county in which any of said lands are situated, a list of all

(a) Secs. 2, 3, 4 and 5, Chap. 3111, Act of March 11, 1879.

[* For decisions as to lands sold for taxes, see 4 Fla., 154; 6 Fla., 741.]

such lands lying within said county; and if there be no newspaper published in any county in which any of said lands are situated, then such lands shall be advertised in some newspaper published in the Judicial Circuit in which such county is situated. The lands so advertised as aforesaid, and not redeemed, shall, on and after the first day of March, 1881, be lands after Jansubject to private entry at the office of the Commissioner of uary 1, 1881. Lands and Immigration for the amount of taxes and costs which had accrued up to the first day of January, 1881, and the cost of advertising the same. (a)

Private entry of

SEC. 6. The proceeds of such sales of land, when on account Disposition of of the State, shall be paid into the State treasury; and when proceeds. on account of the county, shall be paid into the county treasury; but the expenses of advertisement and sale of such lands shall be paid first out of the proceeds thereof. (a)

SEC. 7. This law shall not be construed to apply to lands Limitation. disposed of under the provisions of Sections 15 to 21 of this chapter. (a)

sold for taxes

SEC. 8. All persons whose lands have been sold for taxes as- Redemption of sessed since the year eighteen hundred and seventy-six, and certain lands purchased by the State, and which were certified to and re-assessed since corded in the office of the Commissioner of Lands and Immi- 1876 may be made prior gration under the provisions of "An act to repeal an act to to 1883. provide for the redemption of lands sold for taxes, approved March 7, 1877, and to dispose of lands sold for taxes and bought in by the State or any county," approved March eleventh, eighteen hundred and seventy-nine, shall be authorized and allowed to redeem the same in the manner provided in said act, at any time prior to the first day of January, eighteen hundred and eighty-three. (b)

Contents of

SEC. 9. Whenever the owner or other person having an inter- Petition for est in lands heretofore sold for taxes and bid in by the State redemption. or county, and which have not been transferred to other parties, may desire to redeem the same, but objects to the valuation on which the tax for which the lands were sold was assessed, he or his agent or attorney may apply by petition, within two years, to the Comptroller, setting forth under oath the lands sought to be redeemed, stating the county in which petition. the same are situated, the date of the sale of said lands, whether the same were purchased by the State or the county, the years for which the taxes have been unpaid, and the true taxable value thereof, according to the judgment of the petitioner, with any facts within the petitioner's knowledge to sustain such valuation. (c)

missioners

SEC. 10. Upon the presentation of such petition, the Comp- County Comtroller shall at once refer the same to the County Commis- to appoint sioners of the county wherein the lands are situated, whose appraisers. duty it shall be to select three discreet men, freeholders, from

(a) Secs. 6, 7 and 8, Chap. 3111, Act of (b) Sec. 1, Chap. 3235, Act of March 7, March 11, 1879. 1881. (c) Sec. 1, Chap. 3112, Act of March 11, 1879.

« AnteriorContinuar »