gration, and the same shall be approved by the Bureau before any further amount is drawn by said Commissioner. He shall also submit to the said Bureau, on the first Monday in January, of each and every year, a complete annual report of the doings and results of his office, for the information and consideration of the Legislature when in session. (b) CHAPTER 116. IMPEACHMENT. 1. Assembly to have sole power of impeachment; Senate shall try all cases of; Senators shall be upon oath or affirmation; Senate may adjourn to any fixed day for trial of impeachment cases, not to exceed six months from time articles are preferred; Chief Justice shall preside; who may be impeached; judgment of impeachment, how far to extend; all other officers, 2. Other crimes and misdemean- trials. SECTION 1. The Assembly shall have the sole power of im- Impeachment peachment; but a vote of two-thirds of all members present shall be required to impeach any officer; and all impeachments shall be tried by the Senate. When sitting for that purpose the Senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the Senators present. The Senate may adjourn to a fixed day for the trial of any impeachment, and may sit for the purpose of such trial whether the Assembly be in session or not; but the time fixed for such trial shall not be more than six months from the time articles of impeachment shall be preferred by the Assembly. The Chief Justice shall preside at all trials by impeachment, except in the trial of the Chief Justice, when the Lieutenant-Governor shall preside. The Governor, Lieuten- 12 Fla., ant-Governor, members of the Cabinet, Justices of the Supreme Court, and Judges of the Circuit Court shall be liable to impeachment, for any misdemeanor in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust or profit under the State; but the party convicted or acquitted shall, nevertheless, be liable to indictment, trial and punishment, according to law. All other officers who shall have been appointed to office by the Governor, and by and with the consent of the (b) Sec. 5, Chap. 3151, Act of March 7, 1879. 653. able crimes and Senate, may be removed from office upon the recommendation of the Governor and consent of the Senate; but they shali. nevertheless, be liable to indictment, trial and punishment, according to law, for any misdemeanor in office. All other civi officers shall be tried for misdemeanor in office in such manner as the Legislature may provide. (a) SEC. 2. In addition to other crimes and misdemeanors, for Other impeach which an officer may be impeached and tried, shall be included misdemeanors. drunkenness and other dissipations. Incompetency, malfeasance in office, gambling or any conduct detrimental to good morals, shall be considered sufficient cause for impeachment and conviction. Any officer, when impeached by the Assembly, shall be deemed under arrest, and shall be disqualified from performing any of the duties of his office until acquitted by the Senate. But any officer so impeached and in arrest may demand his trial by the Senate within one year from the date of his impeachment. (b) 14 Fla., 299. Indians entitled to representation. How elected. May be taxed, and its results. CHAPTER 117. INDIANS. 1. Entitled to representation; how Representative elected. 2. May be taxed; its results. SECTION 1. The tribe of Indians located in the southern portion of the State, and known as the Seminole Indians, shall be entitled to one member in each House of the Legislature. Such members shall have all the rights, privileges, and remuneration, as other members of the Legislature. Such members shall be elected by the members of their tribe, in the manner prescribed for all elections by this Constitution. The tribes shall be represented only by a member of the same, and in no case by a white man: Provided, That the representatives of the Seminole Indians shall not be a bar to the representation of any county by the citizens thereof. (a) SEC. 2. The Legislature may, at any time, impose such tax on the Indians as it may deem proper; and such imposition of tax shall constitute the Indians citizens, and they shall thenceforward be entitled to all the privileges of other citizens, and thereafter be barred of special represent ation. (a) (a) Sec. 29, Art. 4, Const. of 1868, as amended in 1875. (b) Sec. 9. Art. 16, Const. of 1868. CHAPTER 118. INDIAN WAR CLAIMS. 1. Governor to appoint Indian Government to reimburse State. War Claim Commissioners. 2. Validity of claim, how proven. 3. When warrant to be endorsed; with whom deposited. 4. Board to give public notice. 5. Governor to appoint agent to adjust claims of State against U. S. Government; amount appropriated for that purpose. 10. For what services men are entitled to pay. 11. Comptroller and Treasurer 12. Amount of compensation. 14. What funds shall be applied 6. What persons entitled to pay for payment of these claims. for services in Indian war. 7. Comptroller authorized to issue State scrip in certain cases. 8. When interest on claims to cease. 9. Governor to urge General 15. Oath of claimant; proof required of claimant. 16. When Comptroller to issue warrants. 17. Out of what funds warrants to be paid. SECTION 1. The Governor is hereby empowered to appoint Board of Comthree suitable persons, who shall constitute a Board of Com- missioners. missioners, to examine and approve or reject any and all warrants issued by the Comptroller of this State in payment for services rendered during the last Seminole Indian war, under and by virtue of Chapter 1175, of the laws of Florida, approved February 8, 1861, which may be presented to said board. (a) SEC. 2. Any person presenting any warrant as aforesaid, Proof of validshall by himself or herself, his or her agent or attorney, make ity of claims. affidavit and file the same with the said board that he or she is the original payee named in said warrant and actually rendered the services for which the same was issued, or that he or she actually became the owner of the same for a valuable consideration and without notice of any defect in the said warrant, or that he or she are the legal heirs or assigns of the original payee, or of the bona fide purchaser of the warrant or warrants presented, and shall produce such other evidence as to the validity of the original claim for which the said warrant was issued, or any part thereof, as the said board may in each case deem proper and be satisfactory to said board. (a) Endorsement of warrants. SEC. 3. Every warrant examined and approved shall be so endorsed by the chairman of said board and deposited with and deposit the Comptroller; and the Comptroller shall thereupon make and deliver to the owner or holder of such warrant his certificate, under the seal of his office, that the warrant specified (a) Sece. 1 and 2, Chap. 3113. Act of March 11, 1879. Certificate of examination. Notice. Commissioner United States. therein had been so examined, approved and surrendered, and that the holder of said certificate is entitled to the amount of said warrant. (a) SEC. 4. The said board shall, without unnecessary delay, give such public notice as it may deem necessary for all persons holding said warrants to present the same for examination. (a) SEC. 5. The Governor is hereby authorized and empowered to adjust claims to appoint a Commissioner with power to proceed to Washingof State against ton and to adjust the claims of the State of Florida against the United States; and the moneys paid by the United States, or so much thereof as may be necessary for that purpose, shall be and are hereby appropriated for the payment of the certificate issued as aforesaid, and to defray the expenses of the said Board of Commissioners; and the sum of two thousand dolAppropriation. lars, or so much thereof as may be necessary, from any moneys in the State treasury not otherwise appropriated, is hereby appropriated to defray the expense of said Commissioner to Washington, and the incidental expenses of the said commission. (a) Parties entitled to pay for services. State scrip. on to cease. SEC. 6. The accounts of Captains Simeon L. Sparkman, John Parker, Robert D. Bradley, and Enoch E. Mizell, who organized and did service in suppressing Indian hostilities in the year 1849, be audited and allowed, both for services, supplies, transportation, and money paid out and expended in said service, by the Comptroller, so that there shall be paid to said captains, their officers and privates, together with the officers and privates of other volunteer companies, for similar services in the year 1849, which have not been allowed any pay for said services, when satisfactorily proved, at the same rate which is established in the army of the United States for similar services. (b) SEC. 7. The Comptroller is hereby authorized, empowered and directed to issue State scrip, payable in two, three and five years, for the liquidation of said claims, and the Comptroller and Governor of this State shall sign said scrip. (b) SEC. 8. So soon as an appropriation shall be made by the When interest Federal Government for the payment of the officers and privates of said companies, and shall be deposited in the treasury of this State, the interest on said scrip shall cease, and the Comptroller of the treasury is hereby authorized and required to issue his warrant upon the Treasurer in favor of the holder or holders of such scrip, upon his, her, or their application for the principal of such scrip, and the interest which may have accrued thereon up to the period when, under the provisions of this chapter said interest shall cease to accrue. (b) Reimbursement. SEC. 9. The Governor is hereby empowered and authorized to urge upon Congress, in any manner which to him may seem (a) Secs. 3, 4 and 5, Chap. 3113, Act of March 11, 1879. (b) Secs. 1, 2 and 3, Chap. 517, Act of Jan. 7, 1853. most expedient, the reimbursement of said claims to this State. (b) SEC. 10. Said officers and men shall not be allowed nor paid What service for any services after the companies ordered out by Governor allowed. Moseley were mustered out of service, but shall be allowed pay from their organization up to the time that the aforesaid companies were mustered out of service. (b) SEC. 11. The Comptroller of this State be and he is hereby comptroller to required to audit and allow, and the Treasurer of this State is audit accounts. hereby required to pay upon warrant from the Comptroller, all amounts due volunteer companies, or person or persons Companies performing volunteer service, transportation or in any manner and persons to be paid. doing service or furnishing supplies for the State of Florida in the last Seminole Indian war in said State, who have not been paid for the same. (c) SEC. 12. Said companies, or person or persons who actually Amount of did service for the State during the time of said war, shall be compensation. allowed the same compensation for their services, subsistence, supplies, transportation, &c., as is allowed by the laws of the United States of America, and the said Comptroller shall be governed by said laws in making allowance to the companies and persons herein and above enumerated. (c) SEC. 13. It shall be at the option of said volunteer compa- Manner of nies, person or persons mentioned in Section eleven of this payment. chapter, to receive from the Comptroller of Public Accounts warrants upon the treasury, or to avail themselves of the provisions of Sections 6, 7, 8, 9 and 10 of this chapter. (c) SEC. 14. If there be any moneys remaining in the treasury Funds for or in the hands of any officer of this State raised by virtue of payment. an act to provide for the payment of the debts of the State, approved 27th December, 1856, the same shall be paid pro rata upon the warrants or scrip issued according to the provisions of Section thirteen of this chapter; and the said act to provide for the payment of the debts of the State, approved 27th December, 1856, shall, and the same is hereby in full force, and the money may be raised by the provisions of said last mentioned act to pay the sums found by the Comptroller to be due and owing by the provisions of the eleventh section of this chapter. (c) * SEC. 15. The person or persons applying for the benefit of oath of Sections 11, 12, 13 and 14 of this chapter shall make affidavit claimant. before the County Judge of the county in which he or they reside, that he or they has or have actually rendered the service of the kind and for the time specified, or that he or they has or have actually furnished the provisions, &c., for which he or they claim remuneration, which shall also be sworn to by three disinterested members of the company to which the (b) Secs. 4 and 5, Chap. 517, Act of Jan. 7, 1853. (e) Secs. 1, 2, 3 and 4, Chap. 1175, Act of Feb. 8, 1881. [* Vide Secs. 1 to 8 of Chap. 13 of this Digest.] Proof. |