305.

SEC. 16. The property of all corporations, except the property of a corporation which shall construct a ship or barge canal across the peninsula of Florida, if the Legislature should so enact, whether heretofore or hereafter incorporated, shall be subject to taxation unless such property be held and used exclusively for religious, scientific, municipal, educational, literary or charitable

purposes,

SEC. 17. No person shall hold any office of trust or profit under the laws of this State without devoting his personal attention to the duties of the same. SEC. 18. The Legislature shall provide for deductions from the salaries of public officers who neglect the performance of any duty assigned them by law. SEC. 19. No Convention nor Legislature of this State shall act upon any amendment of the Constitution of the United States proposed by Congress to the several States, unless such Convention or Legislature shall have been elected after such amendment is submitted.

SEC. 20. The Governor and every State officer are hereby prohibited from giving certificates of election or other credentials to any person as having been elected to the House of Representatives of the United States Congress, or the United States Senate, who has not been five years a citizen of the State and Ten years a citizen of the United States, and a qualified voter.

SEC. 21. Deeds and mortgages which have been proved for record and recorded according to law, shall be taken as prima facie evidence in the courts of this State without requiring proof of the execution. A certified copy of the record of any deed or mortgage that has been or shall be duly recorded acFording to law shall be admitted as prima facie evidence thereof, and of its que execution with like effect as the original duly proved; Provided. It be made to appear that the original is not within the custody or control of the arty offering such copy.

SEC. 22. The Legislature shall provide for giving to mechanics and laborers an adequate lien on the subject matter of their labor.

SEC. 23. No soldier shall, in time of peace, be quartered in any house without the consent of the owner. nor in time of war except in the manner prescribed by law.

SEC. 24. All marriages between a white person and a negro, or between a white person and a person of negro descent to the fourth generation, inclusive, are hereby forever prohibited.

SEC. 25. The term felony, whenever it may occur in this Constitution or in the laws of the State, shall be construed to mean any criminal offence punishable with death or imprisonment in the State Penitentiary.

SEC. 26. The Legislature may make provision for the proper adjustment and settlement of the claim of the citizens of Ocala against the State for cerrain aid given by the town of Ocala for the establishment of the East Florida Seminary in 1852, and conditional upon its location at the said town.

SEC. 27. The Legislature shall appropriate at least five hundred dollars each year for the purchase of such books for the Supreme Court Library as the Court may direct.

SEC. 28. The Legislature may provide for the drainage of the land of one person over or through that of another, upon just compensation therefor to the owner of the land over which such drainage is had.

SEC. 29. No private property nor right of way shall be appropriated to the use of any corporation or individual until full compensation therefor shall he first made to the owner, or first secured to him by deposit of money; which compensation, irrespective of any benefit from any improvement proposed by such corporation or individual, shall be ascertained by a jury of twelve men in a court of competent jurisdiction, as shall be prescribed by law.

SEC. 30. The Legislature is invested with full power to pass laws for the correction of abuses and to prevent unjust discrimination and excessive charges by persons and corporations engaged as common carriers in transporting persons and property, or performing other services of a public nature; and shall provide for enforcing such laws by adequate penalties or forfeitures.

SEC. 31. No railroad or other transportation company or common carrier

(22)

in this State shall grant a free pass, or discount the fare paid by the public generally, to any member of the Legislature, or to any salaried officer of this State, and the Legislature shall prohibit the granting or receiving such free pass, or fare at a discount, by suitable penalties.

ARTICLE XVII.

AMENDMENTS.

SECTION 1. Either branch of the Legislature, at a regular session thereof, may propose amendments to this Constitution; and if the same be agreed to by three-fifths of all the members elected to each House, such proposed amendments shall be entered upon their respective Journals with the yeas and nays, and published in one newspaper in each county where a newspaper is published. for three months immediately preceding the next general election of Representatives, at which election the same shall be submitted to the electors of the State, for approval or rejection. If a majority of the electors voting upon the amendments at such election shall adopt the amendments, the same shall become a part of the Constitution. The proposed amendments shall be so submitted as to enable the electors to vote on each amendment separately.

SEC. 2. If at any time the Legislature, by a vote of two-thirds of all the members of both Houses, shall determine that a revision of this Constitution is necessary, such determination shall be entered upon their respective Journals, with the yeas and nays thereon. Notice of said action shall be published weekly in one newspaper in every county in which a newspaper is published. for three months preceding the next general election of Representatives, and in those counties where no newspaper is published, notice shall be given by posting at the several polling precincts in such counties for six weeks next preceding said election. The electors at said election may vote for or against the revision in question. If a majority of the electors so voting be in favor of revision, the Legislature chosen at such election shall provide by law for a Convention to revise the Constitution, said Convention to be held within six months after the passage of such law. The convention shall consist of a number equal to the membership of the House of Representatives, and shall be apportioned among the several counties in the same manner as members of said House.

ARTICLE XVIII.

SCHEDULE,

SECTION 1. The Constitution adopted A. D. 1868. with amendments thereto, is declared to be superseded by this Constitution: But all rights, actions, claims and contracts, both as respects individuals and bodies corporate, shall continue to be as valid as if this Constitution had not been adopted. And all fines, taxes, penalties and forfeitures due and owing to the State of Florida under the Constitution of 1868, shall inure to the use of the State under this Constitution.

SEC. 2. All laws now in force not inconsistent with this Constitution shall continue in force until they shall expire by their own limitation, or be repealed by the Legislature.

SEC. 3. All persons holding any office or appointment at the ratification of this Constitution shall continue in the exercise of the duties thereof, according to their respective commissions or appointments, and until their successors are duly qualified, unless by this Constitution otherwise provided.

SEC. 4. Nothing contained in this Constitution shall operate to vacate the office of Lieutenant-Governor until the expiration of his present term.

SEC. 5. All vacancies occurring by limitation of terms before the general election in 1888 shall be filled as provided for by law under the Constitution of 1868.

SEC. 6. The term of office for all appointees to fill vacancies in any of the elective offices under this Constitution, shall extend only to the election and qualification of a successor at the ensuing general election,

307

SEC. 7. In all cases of elections to fill vacancies in office such election shall be for the unexpired term.

SEC. 8. Upon the ratification of this Constitution the Commissioner of Lands and Immigration shall assume the office of Commissioner of Agriculture, and his duties as such shall be prescribed by the first Legislature assembled under this Constitution.

SEC. 9. A general election shall be held in each county in this State on the first Tuesday after the first Monday in November, A. D. 1898, and every two years thereafter, for all elective State and county officers whose terms of office are about to expire, or for any elective office that shall have become vacant.29

SEC. 10. The first election for County Judge, Clerk of the Circuit Court, Sheriff, Tax Assessor, Tax Collector, County Treasurer, County Superintendent of Public Instruction, County Surveyor, Justices of the Peace, Constables and all other elective County Officers shall be at the general election in 1888.

SEC. 11. It shall be the duty of the President of this Convention immediately on its adjournment to certify to the Governor a copy of this Constitution.

SEC. 12. Upon receipt of such certified copy the Governor shall forthwith announce the fact by proclamation, to be published in such newspapers in this State as may be deemed requisite for general information, and five printed copies of such Constitution shall be transmitted by the Secretary of State to the Clerk of the Circuit Court, and five to the County Judge of each county, which shall be kept on file in their respective offices for examination by any person desiring the same.

SEC. 13. All Courts as now organized and constituted shall continue with their jurisdiction until the Legislature shall conform to the requirements of this Constitution the jurisdiction of such Courts as, under this Constitution, are to exercise in whole or in part the jurisdiction of Courts now organized.

SEC. 14. The terms of office of all County Officers, unless otherwise provised, shall commence on the first Tuesday after the first Monday in January next after their election.

ARTICLE XIX.

LOCAL OPTION.

SECTION 1. The Board of County Commissioners of each county in the State, not oftener than once in every two years, upon the application of onefourth of the registered voters of any county, shall call and provide for an election in the county in which application is made, to decide whether the sale of intoxicating liquors, wines or beer shall be prohibited therein, the question to be determined by a majority vote of those voting at the election called under this section, which election shall be conducted in the manner prescribed by law for holding general elections; Provided, That intoxicating iquors, either spiritous, vinous, or malt, shall not be sold in any election district in which a majority vote was cast against the same at the said election. Elections under this section shall be held within sixty days from the time of presenting said application, but if any such election should thereby take place within sixty days of any State or National election, it shall be held within sixty days after any such State or National election.

SEC. 2. The Legislature shall provide necessary laws to carry out and enforce the provisions of Section 1 of this Article.

Section 9 has been amended twice; the first amendment was proposed by the legislature of 1889 and ratified at the general election of 1890; the present amendBent was proposed by the legislature of 1895 and ratified at the general election of 1996. The text of the amendment of 1890 is as follows: Section 9. election shall be held in each county in this State on the first Tuesday after the first Monday in October. A. D. 1892, and every two years thereafter, for all elective A general State and county officers whose terms of office are about to expire, or for any office that shall have become vacant.

SECTION 1. This

State of Florida for

ORDINANCES.

ORDINANCE NO. 1.

Constitution shall be submitted to the people of the ratification on the first Tuesday after the first Monday in November, A. D. 1886, and it shall require a majority of the votes cast upon the question to determine its ratification or rejection.

SEC. 2. At such election each qualified elector shall express his assent or dissent, by having written or printed upon the ticket which he shall yote the words, "For the Constitution," or "Against the Constitution:" such election being subject to the same regulations and restrictions as are prescribed by law. And in case of its ratification by the people, the Governor shall forthwith cause proclamation to be made of the fact, and it shall go into effect on the first day of January, A. D. 1887.

ORDINANCE NO. 2.

now

SECTION 1. Article XIX shall be submitted to the people, when the Constitution is submitted for ratification, to become a part of the Constitution, if adopted by a majority of the votes cast upon the question, and the ballots of those voting on this Article shall have written or printed on them the words, "For Article XIX," or "Against Article XIX."

ORDINANCE NO. 3.

Be it ordained by the People of Florida. Represented in Constitutional Convention:

SECTION 1. The pay of the members of this Constitutional Convention shall be a per diem for attendance of six ($6.00) dollars a day in addition to mileage of ten cents a mile, each way, from their places of residence to the Capital and return, estimated by the shortest thoroughfare.

SEC. 2. The pay of the Secretary and Assistant Secretary of the Convention and all the Clerks elected by the Convention shall be six ($6.00) dollars per diem each, allowing the Secretary and Assistant Secretary one day after adjournment to complete nufinished business; all Committee Clerks shall receive five ($5.00) dollars per diem for the number of days certified by the Chairman of the Committee: the pay of the Sergeant-at-Arms shall be six ($6.00) dollars per diem, and the Assistant Sergeant-at-Arms shall be five ($5.00) dollars per diem; the pay of the Messengers of the Convention shall be four ($4.00) dollars per diem each; the pay of the Door-Keeper shall be five ($5.00) dollars per diem: the pay of Pages shall be three ($3.00) dollars per diem each; the pay of the Janitor shall be two ($2,00) dollars per diem; the pay of the Chaplain shall be one hundred dollars. The Recording Clerk shall complete his work after the adjournment of the Convention, ander the supervision of the Secretary of State, and shall be paid for the same fifty dollars when his work is completed. Eighteen dollars shall be paid W. R. Carter for services as Assistant Secretary for three days. Messrs. Dorr & Bowen shall be paid for printing the amount approved by the Committee on Printing, certified by the President and Secretary of the Convention. SEC. 3. The Comptroller is required to draw his warrant on the Treasurer in favor of the officers and employees of this Convention for the full amount allowed them by section two, and to each delegate of this Convention for his pro rata share of the amount appropriated by the Legislature, after deducting from said amount the amount due said employees and all other expenses, including mileage of members, incurred by this Convention.

SEC. 4. The President is authorized on behalf of this Convention to issue certificates signed by himself and countersigned by the Secretary, to each of the members, payable to himself or his order, bearing interest at the rate of eight per cent. per annum from date, for the amount remaining due on account of the deficiency of the Legislative appropriation for expenses of this Convention.

SEC. 5. The Legislature shall make an appropriation at its next session to pay said certificates.

SEC. 6. Be it further enacted, That the Secretary of this Convention be and he is hereby authorized to audit the accounts of the members and all other expenses.

Done in open Convention, at Tallahassee, this 3d day of August. A. D. eighteen hundred and eighty-five, and of the independence of the United States the one hundred and tenth year.

S. PASCO, President.

J. E. YONGE, First Vice-President.

WM. H. REYNOLDS, Secretary Convention.