against such question, which certificate shall be signed by the inspectors and clerk, and one of such certificates shall be, by one of the inspectors, delivered, without delay, securely sealed, to the Chairman of the Board of Election Commissioners, and the other to the city clerk, and the poll list and oaths of the inspectors and clerks, together with all ballot boxes, ballots, ballot stubs, memoranda and papers of all kinds used by the inspectors and clerks in conducting such election, shall be transmitted, sealed up by the inspectors, with certificates of the result of the election, to the Chairman of the Board of Election Commissioners, to be filed in the office of said Election Commissioners.

vote.

SEC. 42. On the day following any election, it shall be the duty of the said Election Commissioners to meet at their office and publicly proceed to canvass the vote given for the several offices and persons as shown by the returns; such Canvass of canvass shall be made solely, exclusively and entirely from the returns of certificates of the inspectors in each election ward, as signed and filed by them, and in no case shall the Board of Election Commissioners change or vary in any manner the number of votes cast for the candidates respectively, at any polling place, as shown by the returns of the inspectors of such polling places. They shall compile the results of the election, as shown by said inspector's returns, and then make up and sign duplicates certificates containing in words and figures, written at full length, the whole number of votes given for each office, the names of the persons for whom such votes were given for such office, and the number of votes given for each person for such office. One of such certificates shall be furnished to the city clerk, and the same shall be recorded by him in a book to be kept by him for that purpose, which book shall be furnished by the Election Commissioners, and shall be labeled "Record of Election Returns." Should any member or members of the Board of Election Commissioners, or the said City Clerk, willfully violate any of the requirements of this section, he shall be deemed guilty of a misdemeanor, and on conviction shall be fined in a sum not to exceed five hundred dollars, or be committed to the county jail for a term not to exceed six months.

shall be elected at any

SEC. 43. In case any city officer election, the Chairman of the Board of Election Commissioners Certificate of shall give to the person who shall be elected a certificate of election. his election, and the City Clerk shall give to any person desiring a copy ot such returns from the record, upon payment to him of the customary fees for copying and certifying papers in the office of the Clerk Circuit Court.

1897.

Two or more persons having equal number of votes.

City Council

to fill vacancies.

Board of Election Commissioners to provide proper blanks, etc.

Expenses of election.

of city officers.

SEC. 44. The person who shall receive the highest number of votes cast for one office shall be elected to such office. In case two or more persons shall receive an equal number of votes for the same office, the City Council elected at such election shall choose between such persons receiving an equal number of votes, but in all cases such person so chosen shall be qualified to hold the said office. The City Council shall fill all vacancies in the city offices between elections.

SEC. 45. The Board of Election Commissioners is hereby required to cause to be prepared all proper blanks and forms to be used in the election and the returns, and certificates conformable to the provisions of this chapter, and shall also procure a sufficient number of copies of the law regulating elections in said city of Key West to supply the several polling places in said city, and transmit the same with the forms aforesaid to the inspectors of election at each polling place in said city, with a sufficient number of such forms and copies for the use of such inspectors at the election.

SEC. 46. All expenses necessarily incurred in connection with the holding of any election shall be audited by the Board of Election Commissioners and then paid by the City TreasThey shall draw their warrant on said City Treasurer and such warrants shall be received in payment of any tax (except bond account), license or fine imposed by the Judge of the Municipal Court,

urer.

SEC. 47. The Aldermen and Board of Election Commissioners shall not be entitled to receive any compensation whatever. The compensation of the Mayor, Judge of the Compensation Municipal Court and City Attorney shall be fixed by city ordi. nance, but in no case shall such compensation exceed ($750) seven hundred and fifty dollars per annum. The compensation of all other officers shall be fixed by city ordinance, but no ordinance changing a salary shall effect the salary of any officer then holding office.

Repeal.

This act not to interfere with or invalidate

present municipal government.

SEC. 48. That Section number 2 and Section number 3 of Chapter 3966, of the Laws of Florida, entitled an act to establish the municipality of Key West, provide for its government and prescribe its jurisdiction and powers, and all amendments to said Sections number 2 and 3, be and the same are hereby repealed.

SEC. 49. That all laws and parts of laws so far as they conflet with this act are hereby repealed.

SEC. 50. This act shall not be taken as interfering with or invalidating the present municipal government of the city of Key West as it now exists, the officers of which shall continue in office until their successors are elected and qualified under the provisions of this act. And all the duties and

powers of the present Board of City Commissioners of said city of Key West are vested in said Mayor and City Council. SEC. 51. This act shall take effect immediately upon its passage and approval by the Governor.

Approved June 1, 1897.

1897.

CHAPTER 4636-[No. 122.]

AN ACT to Incorporate the City of Saint Augustine, in the State of Florida, and to Provide for the Organization and Conducting: of the Municipal Government of Said City, and Prescribing the Powers and Functions of Said Municipality.

Be it enacted by the Legislature of the State of Florida:

ARTICLE 1.

SECTION 1. The boundaries to be included within the territory of said city are as follows, to-wit: Commencing on the east shore of the North river at a concrete monument situated at mean low-water mark on the north bank of Bar creek; thence south 87 degrees west to the west shore of North river at mean high-water mark; thence south 83 degrees 15 minutes west along the north line of the property known as the Williams' tract to the center of the shell road; thence south 86 degrees 30 minutes west along the north line of the Sanchez property to the St. Sebastian river at mean high-water mark; thence due west to the west shore of the St. Sebastian river at mean lowwater mark; thence southerly along the west shore of said river on the line of ordinary low tide to the Mantanzas river at mean low-water mark; thence due cast to the east shore of the Mantanzas river at mean high-water mark; thence northerly along said shore on the line of ordinary high tide to the most northerly point of Anastasia island; thence northerly to the most southerly point of North Beach at mean highwater mark; thence northerly along the east shore of North river on the line of ordinary high tide to the place of beginning, shall be and continue a city by the name and style of the City of Saint Augustine, and the citizens and legal voters of the State of Florida, from time to time, residing within such territory shall be and continue a municipal corporation by the name and style aforesaid, and shall possess all the property, property rights and rights of action and be subject

Boundaries of

city of St. AD

gustine.

to all the obligations, legal and equitable of the city heretofore denominated the "City of Saint Augustine."

SEC. 2. Said corporation shall have a common seal, and may at its pleasure change it; shall have perpetual succession, may sue and be sved, implead and be impleaded; may purchase, lease, acquire, receive and hold and sell, let or otherwise dispose of property, real, personal and mixed, when necessary for municipal purposes, or specially authorized by charter, whether such property be within or beyond the limits of said city, may exercise such other powers as are herein granted, and do any and all things necessary to carry into. effect the powers so granted.

ARTICLE 2.
Officers.

SECTION 1. The government and administration of the said city shall be vested in the officers following, to-wit: A Mayor, Municipal Judge, a City Council consisting of ten Aldermen, who shall be real estate owners, of the city; a City Clerk, who shall be ex-officio Assessor; a Collector, a Treasurer, a Marshal, and such other boards and officers as are herein provided for. The terms of office of all such officers

shall be two years.

SEC. 2. Qualification of officers.-No person shall be Qualification of eligible to any of said offices unless he be a registered voter of said city, and a resident thereof for one year prior to his election.

officers.

Compensation of city officers.

When office becomes vacant.

Time of first election.

SEC. 3. The compensation of all city officers shall from time to time be fixed by the City Council bv ordinance, except that of the Mayor and Municipal Judge; the City Council shall not change the compensation of any officer during his term of office, except the compensation of the officers first elected under this act may be established by ordinance after their election.

SEC. 4. Any officer of the city removing beyond its limits, and any Aldermen removing from the ward for which he shall have been elected, the office of such officer or Alderman for which he shall have been elected shall at once become vacated.

ARTICLE 3.

SECTION 1. The first election under this act shall be held on the third Tuesday in June, A. D. 1897, and an election shall be held annually thereafter on the third Tuesday in June of each year.

All officers holding office under the existing charter of said city shall continue in office until their successors are qualified.

1897.

Officers under existing

charter.

proclamation of Mayor.

The holding of said elections to take place by the proc'amation of the Mayor published once a week for the period of Election by four weeks in some newspaper published in said city. Said proclamation shall designate the officers to be voted for and the manner, time and places at which said election will be held.

elected.

At such first election there shall be elected by the qualified voters of the city at large, a Mayor, a Municipal Judge, a Clerk, who shall be ex-officio Assessor, a Collector, a Treasurer and a Marshal, and by the qualified voters of each Officers to be ward two Aldermen for such ward; the one from each ward chosen by the highest number of votes shall hold office for two years, and the one from each ward chosen by the next. highest number of votes shall hold cffice one year. At the election to be held on the third Tuesday in June, A. D. 1898, there shall be elected one Alderman from each ward, and thereafter one Alderman shall be annually elected from each ward. From and after the third Tuesday in June, A. D. 1897, a Mayor, a Municipal Judge, a Clerk, who shall be exofficio Assessor, a Collector, a Treasurer and a Marshal shall be elected bi-ennially.

Term of city

The term of all city officers shall begin at noon of the third day after the day of election, and continue until their suc- officers. cessors are qualified.

Qualification of

SEC. 2. No person shall be entitled to vote in any city election unless he is twenty-one years old, has resided in the State of Florida one year, in the city of St. Augustine six months immediately preceding said election, shall have been voter. duly registered in the city of St. Augustine and shall have complied with any existing law of the State of Florida pertaining to the qualifications of electors in State and county elections, relating to the qualifications of electors in State and county elections except as to registration.

Inspectors and

SEC. 3. Inspectors and Clerks of Election shall be appointed by the City Council, except that if the council shall Clerks of Elecfail to appoint them at least two days before election, Mayor may appoint them.

the

tion.

Opening and

The polls shall open and close at the times appointed by law for State elections. The result of the election when ascertained shall be certified by a majority of the Inspectors closing polls. and the Clerk, and transmitted to the Mayor. On the day after any election the City Council shall meet at 12 o'clock noon, when the returns received by the Mayor shall by them