for the purpose of selling, or of exporting or shipping to other States or to foreign countries, and any non-resident as aforesaid who shall violate the provisions of this section shall be fined in the sum of three hundred dollars for each offence, with confiscation of all nets, boats, tackle and appliances used in such unlawful act: Provided, That this section shall not apply Scientific purto scientific persons who shall capture food fishes exclusively for scientific purposes. (m) poses. Powers. SEC. 27. The sheriffs of the several counties of this State be Fish bailiffs. and they are hereby appointed special agents, who shall be known as fish-bailiffs, who shall have power to appoint a deputy or deputies, and to summon a sufficient posse when necessary to enforce the provisions of sections 23, 24, 25, 26 and 27; and such bailiff or his deputies shall have power to arrest and take before a magistrate, and subject to trial according to law, any person violating any of the provisions of said sections, and the magistrate may order the seizure of any implements used by the offender or offenders in violating said provisions; and, in case of conviction of the accused, may make an order confiscating such implements to the use of the State. And the County Commissioners of each county shall have authority to pay such bailiff and his deputies such reasonable remuneration as they may decide upon as right. (m) Remuneration. SEC. 28. Any person violating any of the provisions of said Penalty. sections shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by fine and costs, or imprisonment and costs as above directed; and in default of the payment of any fine, the offender shall be committed to the county jail for thirty day. If any seines, nets, boats or tackle are confiscated, the presiding officer of the court before whom the case may be tried shall authorize the proper officer to sell, after due. notice, to the highest bidder such confiscated articles for the payment of the fine, costs and expenses of sale. The costs Costs. and charges shall be the same as may be allowed sheriffs or constables for like services and expenses. (m) Confiscation. or deputy to act. SEC. 29. That any bailiff or deputy or deputies, who shall Penalty for fail to take cognizance of any such violation or infringement failure of bailiff of this act, when it shall have come within his knowledge, shall be fined fifty dollars for each neglect, at the discretion of the court: Provided, That nothing in this act shall be construed as affecting in any manner the right of fishermen (resi- Resident Gulf dent of this State) on the Gulf coast, including rivers and coast fisherbays, in the capture of mullet and pompano, from using any seine they may see proper, but the use of hand or cast nets, for home use or domestic markets, shall not be unlawful. (n) SEC. 30. By the words "food fishes" is meant such fishes as are used for food. (0) SEC. 31. The County Commissioners may employ a prose (m) Secs. 4, 5 and 6, Chap. 3292, Act of (n) Sec. 7, Chap. 3292, Act of March 7, men. Definition. Attorney to prosecute. Employment of cuting attorney to prosecute, such attorney to be paid from the county treasury such compensation as may be agreed upon by the County Commissioners: Provided, That the provisions of sections 23, 24, 25, 26, 27, 28, 29 and 30 of this chapter shall become operative in the different counties of this State only after the publication of the law for four weeks, and acceptance thereof by the County Commissioners. (0) When act to be operative. Setting fire to or burning for SEC. 32. It shall not be lawful for any person to set fire to or ests and woods, burn any wild forests or woods in this State, except between except between the 15th day of February and the 31st day of March of each March 31, pro- year: Provided, That if the County Commissioners of any Feb. 15 and hibited. County Com Proviso. Penalty. Selling spurious prepara a misdemeanor. county in this State shall determine that the interests of the people of such county will be promoted by making the period during which the woods may be burned in such county different from that provided for in this section, they shall give notice by publication in a newspaper having circulation in their county, or by posting at three or more conspicuous places, and the time so designated in such notice shall be the time for burning the woods in such county: Provided, further, That any person intending to set fire to any woods, shall give notice of such intention to all persons living within one mile of the place intended to be fired. (p) SEC. 33. Any person violating the foregoing provisions shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding sixty days, one or both, at the discretion of the court. (p) SEC. 34. Any person or persons who shall knowingly and willingly sell or cause to be sold as butter any spurious prepations as butter, ration purporting to be butter, whether known as oleomargarine or by any other name, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not to exceed one hundred dollars, or be imprisoned in the county jail for a period of time not to exceed thirty days, or by both fine and imprisonment, at the discretion of the court. (q) Hotels, &c., SEC. 35. Any keeper of any hotel or boarding house who without notice. shall knowingly and wilfully, without giving notice to guests at the table, supply oleomargarine or other spurious preparation purporting to be butter, for the use of guests, shall be subject to the same penalty. (q) Morphine to be wrapped in scarlet paper. SEC. 36. WHEREAS, Numerous deaths have occurred in this State by mistakes having been made in giving sulphate and other preparations of morphine as quinine; and whereas, such mistakes have occurred in consequence of morphine being wrapped in a colored paper similar to that in which quinine is wrapped; therefore, It shall not be lawful for any druggist or other dealer in drugs and medicines to sell or offer for sale any sulphate or (0) Sec. 8, Chap. 3147, Act of March 11, 1879. (g) Secs. 1 and 2, Chap. (p) Secs. 1 and 2, Chap. 3141, Act of March 8, 1879. 3280, Act of Feb. 17, 1881. other preparations of morphine, unless the same be wrapped in a scarlet paper and plainly labeled. (r) SEC. 37. Any one violating the provisions of the above sec- Penalty. tion shall be deemed guilty of a misdemeanor, and upon being convicted thereof shall be fined not less than ten nor more than fifty dollars, at the discretion of the court, for each and every violation of the preceeding section. (r) 300 yards of SEC. 38. Any party or parties who shall discharge on any Shooting on highway or in public highway or in any unincorporated village, within three unincorporated hundred yards of any premises, any fire-arms, without permis- village within sion from the occupant of said premises, or in the defence of premises, withlife, limb or property, shall be guilty of a misdemeanor and out permission. liable to a fine of not more than fifty dollars for each offence, Penalty. or imprisonment in the county jail not exceeding sixty days. (8) 15 years old. having legal SEC. 39. Any person or persons who shall hire or employ, or Hiring, &c., cause to be hired or employed, any minor, knowing such minor minors, under to be under the age of fifteen years, and under the legal control of without conanother, without the consent of those having such control, for sent of persons more than sixty days, shall be deemed guilty of a misdemeanor, control. and upon conviction thereof, shall be punished by fine not to exceed twenty dollars, or imprisonment in the county jail for sixty days, or by both such fine and imprisonment, at the discretion of the court. (t) tween Satur SEC. 40. It shall be unlawful for any one to fish in the waters Fishing beof this State for shad between the following periods of time, day's snn-set to-wit: From sundown on Saturday afternoon until sunrise on and Monday's Monday morning of each and every week. (u) sun-rise. SEC. 41. For each and every offence under the preceeding Fine. section the offender shall be fined in a sum not less than twenty-five dollars and not more than one hundred dollars, and in all cases of conviction the boat and fishing tackle of the offender shall be forfeited to the State. In default of the payment of the above mentioned penalty, the offender shall be imprisoned in the county jail for a period of not more than thirty and not less than ten days. (u) Forfeiture. Imprisonment. CRIMES CHAPTER 81. MISDEMEANORS-OFFENCES AGAINST CURRENCY. 1. Penalty for issuing shop bills in likeness of bank bills. 2. Penalty for bringing into the State or passing private banker's bills, &c. (r) Secs, 1 and 2, Chap. 3286, Act of Feb. 28, 1881. (*) Sec. 1. Chap. 3289, Act of March 7, 1881. 3. Penalty for issuing scrip for money; does not include promissory notes. 4. Penalty for issuing certain bank notes, checks, bills, &c. (t) Sec. 1, Chap. 3290, Act of Feb. 22, 1881. (u) Secs. 1 and 2, Chap. 3291, Act of March 8, 1881. Issuing shop bills in simili tude of bank bills. SECTION. 1. Whoever engraves, prints, issues, utters, or circulates a shop bill or advertisement, in the similitude, form, and appearance like a bank bill, on paper similar to paper used for bank bills, and with vignettes, figures or decorations used on bank bills, or having the general appearance of a bank bill, shall be punished by fine not exceeding fifty dollars, or by imprisonment in the county jail not exceeding ninety days. (a) SEC. 2. It shall not be lawful for any person or persons to vate bankers. bring into this State, with intent to pass the same in this State. any bills or notes in the likeness of bank notes, which said bills or notes are, or have been issued by private individuals, or private unincorporated companies in any or either of the States of the United States; and every person or persons knowingly so offending shall, for every such offence, forfeit and pay the sum of fifty dollars to the State, to be sued for in the name of the said State. (b) Notes of pri tion of scrip. tute for money. SEC. 3. Any person who shall issue or circulate, cause to be Issue or circula-issued or circulated, or assist in issuing or circulating, as a &c., as substi- substitute in any respect for the currency recognized by law, any scrip, notes, bills or any other written, engraved or litho graphed paper payable in anything other than money, shall be guilty of a misdemeanor; and for each paper so issued shall forfeit and pay the sum of two hundred dollars: Provided, That the provisions of this section shall not be construed to prohibit the giving or making and signing promissory notes. (c) Penalty. notes. SEC. 4. Whoever issues any note, bill, order or check, other Issuing notes. than foreign bills of exchange, the notes or bills of some bank or company incorporated by the laws of this State, or by the laws of the United States, or of some one of the United States, or by the laws of either of the British provinces in North America, with the intent that the same shall be circulated as currency, shall forfeit fifty dollars for each offence. (d) Double voting. CHAPTER 82. CRIMES MISDEMEANORS-OFFENCES AGAINST ELECTION LAWS. 1. Penalty for double voting. law. 3. Penalty for first offence; penalty for second offence. SECTION 1. If any person shall, at the same election, vote more than one ballot, he shall, on conviction, be fined not ex (a) Sec. 24, Sub-Chap. 6, Chap. 1637, Act of Aug. 6. 1868. (b) Sec. 1, Act of Dec. 22, 1824. (c) Sec. 1, Chap. 3140, Act of 1879. (d) Sec. 18, Sub-Chap. 5, Chap. 1637, Act of Aug. 6, 1868. ceeding one hundred dollars, and not less than thirty dollars, and imprisoned in the county jail not less than three months. (a) Proviso. SEC. 2. No male person over the age of twenty-one years, Voters not to and who is a registered voter, shall call himself or pass by any change name. other name than the name by which he is registered: Prorided, Nothing in this section shall prevent the alteration of names by the Circuit Court as now provided for by law; and when the name of any one is changed by the order of said court, he shall notify the County Commissioners of the fact that his name has been changed. (b) SEC. 3. Any one violating the above section shall, on con- Penalty. viction, be fined not less than five nor more than twenty dollars, and upon conviction a second time he shall be imprisoned in the State prison not less than one nor more than two years, at the discretion of the court. (b) CHAPTER 83. CRIMINAL PROCEEDINGS. 1. Common law of England in force in this State as to crimes, &c., except as to modes and degree of punishment; benefit of clergy not allowed. 3. How convictions to be had. 6. Additional punishments pre 2. Limitation as to certain suits scribed as an alternative. and actions. Common law. SECTION 1. The common law of England in relation to crimes and misdemeanors, except so far as the same relates to the modes and degree of punishment, shall be, and the same is 9 Fla., 531. hereby adopted and declared to be in full force in this State. (a) The doctrine of benefit of clergy shall have no operation Clergy. in this State. (b) 6 Fla., 679. SEC. 2. All actions, suits and presentments, upon penal acts Limitation. of the General Assembly, shall be sued and presented within one year next after the offence committed. (c) All offences not punishable with death shall be prosecuted within two 17 Fla., 193-195. years next after the same shall have been committed. (d) SEC. 3. No person arraigned for an offence shall be convicted How conviction thereof, unless by confession of his guilt in open court, or by shall be had. admitting the truth of the charge against him by his plea or demurrer, or by the verdict of a jury accepted and recorded by the court. (e) (a) Sec. 6, Sub-Chap. 12, Chap. 1637, Act of Aug. 6, 1868. (5) Secs. 1 and 2, Chap. 3040, Act of Feb. 27, 1877. (a) Sec. 1, Act of Feb. 10, 1832. (b) Sec. 74, Act of Feb. 10, 1832. |