Commission consent of the Senate. The Governor shall appoint in each County Treasurer, Surveyor, county a county treasurer, county surveyor, superintendent of Superintendent Common common schools and five county commissioners, each of whom Schools, County shall hold his office for two years, and the duties of each shall be prescribed by law. Such officers shall be subject to removal by the Governor when in his judgment the public welfare will be advanced thereby: Provided, No officer shall be removed except for willful neglect of duty, or a violation of the crimins! laws of the State, or for incompetency. (d) ers, how appointed, and term of office, and how re moved, and for what cause. Board of Commissioners of State Institutions. When Governor may suspend SEC. 16. The Governor and Cabinet shall constitute a Board of Commissioners of State Institutions, which board shall have supervision of all matters connected therewith in such manner as shall be prescribed by law. (d) SEC. 17. The Governor shall have power, in cases of insurrection or rebellion, to suspend the writ of habeas corpus writ of habeas within the State. (d) corpus. Governor to veto items of priation. SEC. 18. The Governor shall have the power to disapprove of any item or items of any bills making appropriations of bills of appro- money embracing distinct items, and the part or parts of the bills approved shall be the law; and the item or items of ap propriation disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage other bills over the Executive veto. (e) When militia of SEC. 19. The Governor shall have power to call out the mili may be called tia to preserve the public peace, to execute the laws of the State, to suppress insurrection, or repel invasion. (ƒ) out. Salary of What offices shall be kept at seat of gov ernment. When offices of government may be re moved. and Legislature adjourn to other place. Governor and LieutenantGovernor, when to be installed. Qualifications for Governor and other officers. Prohibited from SEC. 20. The salary of the Governor of the State shall be three thousand five hundred dollars per annum. (g) SEC. 21. The Governor, Cabinet and Supreme Court shall keep their offices at the seat of government. But in case of invasion or violent epidemics, the Governor may direct that the offices of the government shall be removed temporarily to some other place. The session of the Legislature may be adjourned for the same cause to some other place; but in such case of removal, all the departments of the government shall be removed to one place. But such removal shall not continue longer than the necessity for the same shall continue. (h) SEC. 22. The Governor, Lieutenant-Governor and all the State officers elected by the people, shall be installed on the first day of the meeting of the Legislature, and immediately assume the duties of their respective offices. (i) SEC. 23. The Governor and Lieutenant-Governor shall have been, before their election to office, nine years citizens of the United States, and three years citizens of the State. (i) SEC. 24. The Governor, or any State officer, is hereby progiving certifi-hibited from giving certificates of election or other credentials to any person as having been elected to the House of Repre cates of election (d) Secs. 19, 20 and 21, Art. 5, Const. of 1868. (e) Sec. 22. Art. 5, being an amendment in 1875, to Const. of 1868. (ƒ) Sec. 4. Art. 11, Const. of 1868. (g) Sec. 4, Art. 16, Const. of 1888, a amended in 1871. (h) Sec. 15, Art. 16, Const. of 1868. 1868. sentatives of the United States Congress, or the United States Senate, who has not been two years a citizen of the State, and nine years a citizen of the United States, and a registered voter. (i) SEC. 25. All candles and wood for the use of the Executive Candles and office and of the Supreme Court shall be, from time to time, wood for use of purchased under the authority of the Governor, to be paid for office shali be out of the contingent fund, and to be deposited at the Capitol, authority of in the charge of such officer of the State as the Governor may Governor. direct. (j) purchased by SEC. 26. When any person shall be elected to the office of Certificates to Elector of President and Vice-President, or Representative in Presidential Congress, the Governor shall make out, sign and cause to be sealed with the seal of the State, and transmit to such person, 17 Fla., 67. a certificate of his election. (k) to declare SEC. 27. The Governor shall declare vacant the office of When Governor every officer required by law to execute an official bond, when office vacant. a judgment shall be obtained against such officer for a breach of the condition of such bond. (1) tect persons SEC. 28. The Governor is hereby authorized and empowered Power of Gov to employ as many persons as he in his discretion may deem ernor to pronecessary, to procure and secure protection to life, liberty and and property property of the inhabitants of the State of Florida, also to pro- of Florida. tect the property of the State of Florida. (m) of citizens SEC. 29. The Governor shall have power in cases of insurrec- The Governor tion or rebellion, violence, disorder or insecurity of life, liberty peace and order or property, to support and preserve the public peace and or- by military. der by the military force of the State. (n) tary is used to penses by SEC. 30. Any county in which such military force shall be em- County in ployed for the purposes aforesaid, shall reimburse the State for which the mili expenses incurred thereby, and the county commissioners of reimburse the such county shall be, and are hereby, authorized and required State for exto levy a special tax to pay such expenses, and the tax asses- special tax. sor and collector of such county shall assess and collect and make return thereof in the same manner as required by law for State taxes. (n) SEC. 31. The Governor of this State shall be authorized to Reward to be offer a reward, not exceeding two hundred dollars, for the ap- offered. prehension of absconding felons in capital cases; and the Governor shall be authorized to draw upon the Treasurer of the State for the above sum, when necessary, to be paid for the reward so offered. (0) SEC. 32. Whenever it shall be made satisfactorily to appear when Govto the Governor of this State that from the number or charac- ernor may 01ter of causes pending or the number of witnesses to be exam (i) Sec. 23, Art. 26, Const. of 1868. 1849. (k) Sec. 30, Chap. 1825, Act of Aug. 6, 1858. (7) Sec. 1, Chap. 1833, Act of Aug. 6, (m) Sec. 1, Chap. 1680, Act of Aug. 6, 1833. (n) Secs. 1 and 2, Chap. 1745, Act of Feb. 13. 1870. (0) Sec. 22, Act of Nov. 19, 1828. der extra term. Governor to ined, or from other cause, it would be unjust or greatly inconvenient to transfer any suit or suits to another circuit, in consequence of the Judge of the proper circuit being disqualified to try the same, the Governor shall have power either to order an extra term of the court to be held by a Judge of another circuit to try said suit or suits, or to direct an interchange of circuits for the time being, between the Judge so disqualified and some other Judge competent to try and determine said causes; and it is hereby made the duty of such Judge or Judges to comply with said order or direction. (p) SEC. 33. The Governor is hereby authorized to appoint a appoint Chap- Chaplain for the convict camp, who shall be required to visit said convict camp and preach the Gospel to the inmates thereof at least each Sabbath in every month, and at any other time when his services as Chaplain may be required. (q) lain for Convict Camp. Salary of SEC. 34. Said Chaplain so appointed shall annually receive for his services a sum not to exceed one hundred and fifty dol lars, to be paid out of any moneys in the treasury not otherwise appropriated, and that bills for this service shall bear the approval of the overseer of the convict camp and the Adjutant-General of the State. (9) CHAPTER 111. GUARDIANS. 1. Judges of County Court to appoint Guardians and to take cognizance of orphans and estates generally proviso. 2. Complaint of wards against guardians. 3. Foreign guardians may receive, hold, manage, &c., estate of ward; proviso, appraisement, &c., inventory; copies of bond, &c., to be filed; certificate of Judge of foreign court, &c. 4. Application for sale of land by foreign guardian, when and how made. 5. Accounts of persons not legally appointed as Guardians, but having assumed to act as such to (p) Sec. 5, Chap. 373, Act of Jan. 24, 1851. be settled by bill in equity. 6. Service of process, how to be executed on minor; Guardian 45 litem to be appointed. 7. Proceedings upon return of process; practice to be pursued in respect to Guardian, ad litem. 8. Accounts reported by the mas ter and settled by the courts conclusive and only opened for fraud. 9. Property to be delivered to a master or receiver until the ap pointment of a regular Guardian. 10. It is in the discretion of the court to hold the property until Guardian is appointed; proviso. 11. Court to allow compensation to complainant. (g) Secs. 1 and 2, Chap. 2305, Act of Feb. 28, 1881. SECTION 1. The Judges of the County Courts, acting as Judge of Judges of Probate of this State, shall have power to take cog-County Court to appoint nizance of all matters concerning orphans and their estates, guardians and and to appoint guardians in cases where it appears necessary of orphans and take cognizance and proper, and shall take good security of all guardians ap- estates generally. pointed by them, for the estate of orphans committed to them; and if any of the said Judges and Justices shall fail to take good security from such guardian, they shall be individually liable for any loss from insufficient security, to be recovered by action of debt in any court of record in this State: Provided, Proviso. It shall appear that at the time such security was taken, it was insufficient: Provided, however, Fathers may appoint guardians for their children by deed in writing, or last will and 9 Fla., 62. testament, during any part of the infancy of the child, and such appointment shall give the guardian the same power over the child, and shall subject him to the same liability as is and shall be directed by law. (a) 2 Fla., 360. SEC. 2. The said Judges shall hear and determine all com- Complaints of wards against plaints of wards against guardians, require of them counter guardians. security when necessary, displace them, or make such orders as to them may seem equitable and right, relating to the es- 9 Fla., 289. tate; they shall require of the guardian, from time to time, an 14 Fla., 544. inventory of the ward's estate, its profits and disbursements, and make such orders as to them may seem just. (b) 15 Fla., 9. 17 Fla., 144. ceive, &c., es Appraise ment. SEC. 3. A guardian of the estate of an infant. duly appointed Foreign guarby a foreign court, within whose jurisdiction said infant is dian may redomiciled, shall be authorized to receive, manage, control, dis- tate of ward. pose of, or remove the estate or property of his ward situated in this State: Provided, however, That before said guardian shall be entitled to exercise the rights aforesaid over such estate or property of his ward, he shall procure an appraisement of said estate or property, other than money or debts due his ward, to be made by three sworn appraisers to be appointed by the said court of the county in this State in which said estate or property may be situated, a copy of which appraisement shall be filed in said County Court, and another in the foreign court from which his letters of guardianship issued; and if the said estate consists of money or debts only, said guardian Inventory shall file in said County Court and foreign court a full and of debts. complete inventory of the same, verified by his oath; and said. guardian shall also file in said County Court authenticated copies of his letters of guardianship and bond with a certifi- bonds, &c., to cate from the Judge of said foreign court, that said appraisement or inventory, as the case may be, had been filed in said court, that said bond was executed after the filing of said appraisement or inventory in said foreign court, and that the same affords ample security for the amount, increase, and faith- 2 Fla., 304-621. ful management of the estate or property mentioned in said 15 Fla., 67. (a) Sec. 50, Act of Nov. 20, 1828. (b) Sec. 1, Act of Nov. 20, 1828. Copies of be filed. 3 Fla., 219-292. appraisement or inventory, as well as the other estate or property of said infant, if any, within said foreign jurisdiction. ( SEC. 4. Where application for the sale of land shall be made by Application for sale of land by a foreign guardian to any court in this State, evidence that he has fully complied with the provisions of the foregoing section of this chapter shall dispense with the necessity of giving bond and security, as were required in such proceeding. (e) foreign guardian. Accounts of persons not fegally appointed as to act as such, SEC. 5. In all cases that may have heretofore occurred, or which may hereafter occur, where minors having no legal guardians, and whose estate or property owned by them, or to guardians, but which they may be entitled by descent, distribution or otherhaving assumed wise, shall be in charge or under the management of any perto be settled by son or persons assuming the same for the benefit of such minor a bill in equity. or minors, it shall be lawful for such person or persons so having in charge or under management the estate or property of such minor or minors, or to which they may be entitled as aforesaid, to apply by bill in equity to be filed against such such minor or minors, in the proper Circuit Conrt of this State, sitting as a Court of Equity, for an examination and settlement of his or their accounts with said minor or minors on his or their estate. (d) Service of process to be executed on the minor. Guardian ad litem to be appointed. If the minor is above four of SEC. 6. Service of process on said minor or minors shall b as follows: If the minor has attained the age of fourteen yearand is in this State, the service shall be made on him personally by delivering to him a copy thereof; if he has not attained the age of fourteen years and is in this State, service shall be made by delivering a copy thereof with the person with whom he resides, unless he or she resides with the complainant in the bill, in which case the court, or the Judge thereof, shall ap point a guardian ad litem for him or her, and shall direct, by order in the case, that service be made on such guardian ad litem. If the minor (or minors) has attained the age of fourteen years and is out of this State, the process may be served teen and out by any person by delivering to such minor a copy thereof, and the State, how endorsing on the original process under oath that he made service thereof in manner aforesaid, which oath may be taken and made before any Judge, Justice of the Peace, notary pub lic or clerk of a court of record of the State in which such service is made; and if such minor has not attained the age fourteen years and is out of this State, the process may be served by any person as aforesaid by delivering a copy thereof to the person with whom such minor resides, and by endorsing under oath as aforesaid the manner of service as aforesaid. (d) SEC. 7. In the return of the process served as aforesaid, the court or Judge shall, either in term or in vacation, appoint turn of process. some suitable person as guardian ad litem for such minor, who shall be charged with the protection, under the supervision of the court, of the rights and interests of such minor; but it shall not be necessary that any answer for such minor shall be process is to be served. What to be done on re (c) Secs. 1 and 2, Chap. 1102. Act of Feb. 8, 1861. of (d) Secs. 1 and 2, Chap. 2014. Act of Feb. 12, 1874. |