SEC. 14. Juniper creek, in Santa Rosa county, is declared a Juniper Creek. navigable stream from its mouth or entrance into Blackwater river up to David A. McDavid's Mills on said creek. (n) SEC. 15. The Miami river, in Dade county, is declared a nav- Miami River. igable stream in its whole extent from the Everglades to the Bay of Biscayne. (0) SEC. 16. East river, in Walton county, is declared a naviga- East River. ble stream. (p) SEC. 17. Lafayette creek, in Walton county, is declared a Lafayette navigable stream from its mouth, in LaGrange bayou, up said Creek. creek as far as the tide extends. (q) SEC. 18. Florida river, in Gadsden county, is declared a navi- Florida River. gable steam. (r) Creek. SEC. 19. Four-Mile creek, in Walton county, is hereby de- Four-mile clared a navigable stream from Robert Garreth's mill, on said creek, to where it empties in LaGrange bayou, south of Freeport, Florida. (8) River. SEC. 20. Homosassa river, in Hernando county, shall be and Homosassa is hereby declared navigable from its headwaters to the place where it empties into the Gulf of Mexico. (t) SEC. 21. Sandy creek, in the counties of Walton and Holmes, Sandy Creek. shall be declared navigable from the mouth of said creek, where it empties in Choctawhatchie river, in Walton county, to the mouth of Blue creek, in Holmes county. (u) SEC. 22. McCoy's creek, in Duval county, in this State, shall McCoy's Creek. be and hereby is declared navigable from the mouth thereof, where it enters into the St. Johns river, by and along the south side of the railroad trestle to the county bridge, and from that point by and along the old or natural channel of said creek to a point one and a half miles above said bridge. (v) SEC. 23. The river situated in Franklin county and known Navigable by the name of Crooked river, be hereby declared and is here- stream. after to be recognized in law as a navigable stream. (w) It Obstructions shall not be lawful to erect any bridge or other impediment prohibited. across said river, or to make any obstructions therein, by which the free navigation thereof may be obstructed and such bridge, impediments or obstructions are hereby declared common nuisances, and may be proceeded against and removed as such; and if any person or persons who shall raise, erect or build any such bridge or impediment, he or they shall be liable for double the damages sustained by any person or persons by reason thereof; and shall also be liable to indictment for misdemeanor, and on conviction thereof shall be punished by fine not exceeding five hundred dollars: Provided, however, This section shall not prevent the erection of any bridge, or other (n) Sec. 1, Act of Feb. 12, 1841. (0) Sec. 1, Chap. 118, Act of Dec. 25, 1846. (p) Sec. 1, Chap. 291, Act of Jan. 9, 1849. (g) Sec. 1, Chap. 427, Act of Jan. 24, 1851. (r) Sec. 1, Chap. 428, Act of Jan. 24, (8) Sec. 1, Chap. 2073, Act of Feb. 27, 1875. (u) Sec. 1, Chap. 3180, Act of 1879. Damages. Indictment. works, which shall not obstruct the free navigation of said river for boats drawing five feet water, or rafts of timber or lumber of every description whatever. (w) Provisions as CHAPTER 193. TELEGRAPH COMPANIES. 1. Telegraph lines may be constructed; provisions as to fixtures and damages caused thereby; punishment prescribed for injury to fixtures, &c. 2. Clerks and operators exempt from jury and military duty. 3. Posts and wire for telegraphie purposes may be put up; proviso, 4. Powers of foreign companies as to construcing telegraph lines. 5. Powers as to making cotracts, &c. 6. When entitled to right of way. SECTION 1. Any company or individual may erect posts and to fixtures and Wires, and any other fixtures, for telegraphic purposes, and set damages caused up the same along and across any highroad or highroads, and thereby. any waters or water courses of this State, without the same being held or deemed a public nuisance, or subject to be abated by any private person: Provided, The said fixtures be su placed as not to interfere with the common use of such roads. waters or water courses, or with the convenience of any land owner, further than is unavoidable; and the said company or individual shall be responsible for any damage which any corpor ation, company or private person shall sustain by erection, continuance and use of any such fixtures; and in any action, brought for the recovery thereof by the owner or occupier of any lands, or by any corporation or company of individuals, the damages to be awarded may, at the election of the said company or individual, include the damage of allowing the said fixtures permanently to continue, on the payment of which damages, the right of the company or individual to continue such fixtures shall be confirmed as if granted by the parties to the suit: Provided, That no person or body politic shall be entitled to sue for, or recover damages, as aforesaid, until the said company or individual, after due notice, shall have refused or neg lected to remove the fixtures complained of within a reasona ble time; and any person or persons who shall destroy or commit any trespass upon the fixtures of the said company or individual, erected in pursuance of the authority hereby given. actually interrupting, or with intent to interrupt the operations of the telegraph of said company or individual, shall pay to the said company or individual the sum of five hundred dol lars for each and every such trespass, and shall be further lia Punishment for injuries to fixtures, &c. (w) Sec. 2, Chap. 570, Act of Dec. 17, 1852. ble for all damages which the said company or person may suffer in repairing the injury and in the interruption of its business, to be recovered in an action of trespass, and shall be further liable to indictment, and on conviction be fined or imprisoned, or both, at the discretion of the court in which such indictment shall be tried; and if any person, incurring the penalty aforesaid, shall, through insolvency or any other cause, be unable or shall fail to pay the penalty and damages aforesaid, and shall a second time destroy or commit a trespass upon any such fixtures as aforesaid, such person or persons shall be subject to be imprisoned for not less than six months nor more than one year, upon being duly convicted thereof before any court of competent jurisdiction. (a) SEC. 2. The clerks and operators actually engaged in the Exempt from transmission of intelligence at the several telegraph stations jury and military duty. of the company, shall be, and they are hereby, exempted from the performance of jury and military duty. (a) SEC. 3. WHEREAS, Many of the citizens of the State of Florida are interested in the construction of lines of the magnetic telegraph, and desire the protection of their property and the privilege of using the public roads and highways for their posts and wires; Therefore, purposes may Any company or individual may erect posts and wires and Post and wires other fixtures for telegraph purposes on or beside of any pub- for telegraphic lic road or highway in this State: Provided, That such posts, be erected. wires or fixtures shall in no case be so set or placed as to ob- Not to interstruct, hinder or any way interfere with the common uses or fere with use business of said roads or highways. (b) of roads, &c. companies SEC. 4. Any telegraph company, chartered or incorporated by Powers of this or any other State, shall have the right to construct, main- telegraph tain and operate lines of telegraph along any of the railroads as to lines. or other public highways of the State of Florida; but such lines of telegraph shall be so constructed and maintained as not to obstruct or hinder the usual travel on such railroad or other highway. (e) contracts. SEC. 5. Such telegraph company shall have power to contract Powers as to with any persons or corporation, or the owners of lands or any of any franchise or easement therein over which such telegraph line is proposed to be erected, for the right of way for planting, repairing and preservation of its telegraph poles, and for the erection and occupation of offices at suitable distance for the public accommodation. (c) SEC. 6. Such telegraph company shall be entitled to the right when entitled of way over the lands, franchises and easements of other per- of way. to the right sons and corporations, and the right to erect poles and to establish offices upon making just compensation, as is now or may be provided by law. (c) (a) Secs. 1 and 2, Chap. 246, Act of Jan. 6, 1849. (b) Sec. 1, Chap. 782, Act of Dec. 30, 1856. (c) Secs, 1, 2 and 3, Chap. 1992, Act of Feb. 19, 1874. When offices CHAPTER 194. VACANCIES IN OFFICE. 1. Cases enumerated, when office 2. Offices vacant. how to be to be deemed vacant. filled. SECTION 1. Every office shall be deemed vacant in the forshall be deemed lowing cases : vacant. Offices vacant to be filled by appointment. 14 Fla., 9-220. 15 Fla., 753. 17 Fla., 841. 13 Fla., 9. First. By the death of the incumbent. Second. By his resignation. Third. By his removal. Fourth. By his ceasing to be an inhabitant of the State, district, county, town or city for which he shall have been electe or appointed. Fifth. By his neglect or refusal to qualify according to law within thirty days after personal notice of his election or appointment, or by his refusal to accept the office. Sixth. When any office created or continued by the Consti tution or laws shall not have been filled by election or appointment under the Constitution or law creating or continuing such office. Seventh. The conviction of the incumbent of any felony, or an offence involving a violation of his official oath. Eighth. The decision of a competent tribunal declaring void his election or appointment, and his removal by said tribunal. Ninth. The Governor shall also declare vacant the office of every officer required by law to execute an official bond, when a judgment shall be obtained against such officer for a breach of the condition of such bond. (a) SEC. 2. In all such cases and all other cases in which a va cancy may occur, if the office be a State, district or county office, (other than a member or officer of the Legislature,) it shall be the duty of the Governor to fill such office by an ap pointment, and the person so appointed shall be entitled to take and hold such office until the same shall be filled by at election as provided by law, and in cases requiring the confirmation or the advice and consent of the Senate, the person so appointed may hold until the end of the next ensuing ses sion of the Senate, unless an appointment be sooner made and confirmed or consented to by the Senate. (a) (a) Secs. 1 and 2, Chap. 1633, Act of Aug. 6, 1868. CHAPTER 195. WARRANTS 1. Comptroller to have warrants of various denominations engraved without delay; amount of warrants to be engraved. 2. How warrants shall be engraved and their denominations. 3. Form of warrants, how signed and for what they are receivable. -STATE. 4. When warrants have been engraved Comptroller to give notice. 5. Comptroller to keep register of new warrants, &c. 6. Treasurer may receive and reissue new warrants. 7. New warrants, when to be retired and cancelled. have warrants engraved of inations without delay. Amount of and their de SECTION 1. It shall be the duty of the Comptroller to have comptroller to engraven without delay warrants of various denominations, as hereinafter provided, equal in amount to the whole amount of various denomComptroller's warrants and treasury certificates which have been issued by the Comptroller or by the Treasurer of this State within five years next preceding the passage of this law, and which are now outstanding, and of Comptroller's warrants which shall be issued to members of the Legislature in payment of their salaries for the current year, and in payment of the expenses of the present session of the Legislature: Provided, however, That the whole amount of warrants so engraved warrants to be engraved. shall not exceed two hundred and fifty thousand dollars. (a) SEC. 2. The said warrants shall be engraved in a neat and How warrants careful manner, and shall consist of the following denomina- to be engraved, tions: Ones, threes, fives, and twenties, in equal proportions, nominations. (a) SEC. 3. The said warrants shall read upon their face as fol- Form of warlows: "State of Florida, Comptroller's office, March 1, 1870. rants to be To the Treasurer of the State of Florida: Pay to bearer signed, and the sum of dollars, due for outstanding State indebted- what to state ness, in accordance with an act approved February 1870," and shall be signed by the Comptroller and countersigned by the Governor. Upon the reverse of the said warrants shall be engraved the following words: "This warrant is receivable by the State of Florida, or by any officer or agent thereof, for State taxes, for public lands sold by the Trustees of the Internal Improvement Fund, or by any other officer or agent of the State, and for all other State dues, and for any fines or penalties imposed." (a) issued, how they are receivable for. SEC. 4. As soon as the said warrants shall have been en- When warrants graved, signed and countersigned as aforesaid, the Comp- have been entroller shall give public notice thereof, by advertisement in the troller to give official papers of the State, and in such other papers as he may tice, &c. deem proper, and call upon all persons having or holding Comp (a) Secs. 3, 4 and 5, Chap. 1737, Act of Feb. 18, 1870. public no |