1897. Measure of damage. policy the full amount insured therein on such property. In case of total loss of the property insured, the measure of damage shall be the amount for which the building was insured, and in case of partial loss the insurance company shall be liable for the total amount of damage sustained, not to exceed the amount for which the property is insured. SEC. 2. That all laws or parts of laws in conflict with this act are hereby repealed. Approved May 18, 1897. To whom insurance inures. Proviso. CHAPTER 4555.-[No. 41.] AN ACT To Amend Section 2347, of the Revised Statutes of the Be it enacted by the Legislature of the State of Florida: That Section 2347, of the Revised Statutes of the State of Florida, be amended to read as follows: 2347. Disposition of proceeds.-Whenever any person shall die in this State leaving insurance on his life, the said insurance shall inure exclusively to the benefit of his child or children, husband or wife, in equal portions, and to any person or persons for whose use and benefit said insurance is declared in the policy, and the proceeds thereof shall in no case be liable to attachment, garnishment, or any legal process, by any creditor or creditors of the person whose life was so insured, unless said policy declares that said policy was effected for the benefit of such creditor or creditors; Provided, That when the insurance is for the benefit of the estate of the insured, or payable to said estate, the proceeds of the insurance may be bequeathed and devised by the insured to any person or persons, or for any uses, in like manner as he may devise any other property or effects of which he may be possessed, other than his homestead. Apppoved June 4, 1897. CHAPTER 4556-[No. 42.] AN ACT to Amend Section 6 of an Act Entitled an Act to Regulate the Classification of Sawn Pitch Pine Timber, and to Punish the False Classification Thereof, Approved May 30, 1895. Be it enacted by the Legislature of the State of Florida: SECTION 1. That Section 6, of Chapter 4415, Laws of Florida, being an act entitled "an act to regulate the classification of sawn pitch pine timber, and to punish the false classification thereof," approved May 30, 1895, be amended so as to read as follows: Section 6. That any commissioned timber inspector or other person furnishing specifications or certificate of inspection of sawn pine timber in this State, who shall falsely represent, or fail to show on such specification or certificate, the classification of such timber as provided above, shall be ished by a fine of not exceeding one hundred dollars, or by imprisonment not exceeding thirty days. Approved June 3, 1897. upon 1897. Penalty for false represen tation, etc. CHAPTER 4557-[No. 43.] AN ACT to Regulate the Catching or Taking of Fish in the Be it enacted by the Legislature of the State of Florida: SECTION 1. That from and after the passage of this act it shall be unlawful for any person or persons to stop any of the rivers, creeks, bays or bayous on the coast of the State of Florida with any seine, gill net, stop net or any other net, for the purpose of catching or taking food fish. or seines. SEC. 2. It shall be unlawful for any haul nets or seines longer than 350 yards, or for any haul nets or seines to be attached together in any manner, making a length of more Length of nets than 350 yards, or for any haul nets or seines to be fastened by stakes or otherwise with ends nearer to each other than 100 yards, for the purpose of making a stretch or length of more than 350 yards, to be used for the purpose of catching or taking fish from the rivers, creeks, bays, bayous or any other waters on the coast of the State of Florida; Provided, however, That gill nets of a length of more than 350 yards may be used in the regular gill net fishing. Proviso. 1897. SEC. 3. It shall be unlawful for any pe:son or persons to catch any fish in any of the waters of the State of Florida Size of meshes. With any seine or net, bait and cast nets excepted, the meshes of which shall be less than one and one-half inches. Close season. SEC. 4. That from and after the passage of this act it shall be unlawful for any person or persons to catch with any seines or nets any fish in the waters of this State, or to use or employ any seines or nets in the catching of any fish in the waters of this State between the fifteenth day of June and the fifteenth day of August of each and every year, or to catch any mullet in said waters between the fifteenth day of November and the thirty-first day of December in each year; Use of cast net Provided, That this law shall not be construed to prohibit the catching of fish in cast nets, or by hook and line. or hook and line. Penalty. SEC. 5. Any person or persons violating any of the provisions of this act shall, upon conviction, be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding three months, or both in the discretion of the court. SEC. 6. All laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. SEC. 7. This act shall take effect upon its passage and approval by the Governor. Approved May 29, 1897. Hauling seines or nets pro CHAPTER 4558-[No. 44.] AN ACT for the Protection and Preservation of Food Fishes in the Fresh Water Rivers, Creeks, Bayous or Streams in the State of Florida, and to Prevent the Hauling or Dragging of Seines or Nets therein. Be it enacted by the Legislature of the State of Florida: SECTION 1. It shall be unlawful for any person or persons to stop any of the rivers, creeks, or bayous in the State of Florida with any seine, gill net, stop net or other kind or net or other device for the purpose of catching food fishes. SEC. 2. It shall be unlawful for any person or persons to haul or drag any seine or net of any kind in the waters of any of the fresh water rivers, creeks, bayous or streams in the hibited in fresh State of Florida, or at not a greater distance than two miles up and away from the mouth of any fresh water river, creek or bayou, for the purpose of catching food fishes; but the use water rivers, creeks, etc. of minnow nets is hereby allowed for the purpose of catching bait. 1897. not to apply. SEC. 3. This act is not intended to operate so as to prevent the catching of shad, as is now at present allowed by When this act the laws of Florida, or to prevent the use of a seine when used by individuals or assemblages on occasions of picnics or public dinners for their own consumption as food only. Sheriffs. SEC. 4. It shall be the duty of the Sheriffs of the several counties of this State, whenever and wherever necessary, to Duty of appoint deputies to act as fish wardens, whose duties shal.be to arrest and enter complaint against any and all persons caught violating any part of this act, and the fines in all cases shall go to the officer or officers making such arrest, in lieu of the fees allowed by law. SEC. 5. In all cases of arrest and conviction under this act, the party or parties so convicted shall forfeit all seines, nets, boats and other apparatus being used by them at the time of arrest in violating this act, and the said seines, nets, boats and other apparatus, after final judgment being confirmed against the said violators, shall be sold to the best advantage for the benefit of the county school fund in which the offense was committed. Forfeiture of seines, nets, violation of this boats, etc., for act. SEC. 6. Any person or persons violating any of the provisions of this act shall, upon conviction thereof, be punished Penalty. by a fine not to exceed one hundred dollars or by imprisonment in the county jail not to exceed ninety days; Provided, That nothing in this act shall be so construed as to prevent any person or persons residing within this State catching sturgeon in any of the rivers, creeks or bayous in this State with a net with meshes not less than four inches square measure. This act shall take effect sixty days after its passage and approval by the the Governor. Approved June 4, 1897. Proviso. CHAPTER 4559-[No. 45.] AN ACT to Prohibit the Catching or Taking of Fish With Gill Nets or Seines From the Waters of the Homosassa River and its Tributaries. Be it enacted by the Legislature of the State of Florida: SECTION 1. That from and after the passage and approval by the Governor of this act, it shall be unlawful for any person or persons to take or catch in the waters of or seines prohibited in Use of gill nets Homosassa river. 1897. Proviso. Penalty. Sheriff to be County Commissioners to pay wardens. the Homosassa River in Citrus county or any of its tributaries, fish with any gill net or seine; Provided, That nothing in this act shall be construed to prohibit any one from taking or catching fish from said waters for family use, except with gill net or seine, SEC. 2. Any person or persons violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, shall be punished by imprisonment not exceeding forty days, or by fine not exceeding one hundred dollars, or by 'both in the discretion of the court. SEC. 3. The Sheriff of Citrus county shall be fish warden and shall have power to appoint a deputy or deputies to enforce the provisions of this act, and such deputies shall have the power to arrest and take before a magistrate, and subject to trial according to law, any person or persons violating the provisions of this act and the magistrate may order the seizure of any seine or gill net so used in violation of this act. The County Commissioners of Citrus county shall have authority to pay such warden or deputies such reasonable remuneration as they may decide upon as right. SEC. 4. All laws and parts of laws in conflict herewith, in so far as they apply to the above named territory, be and the same are hereby repealed. Approved June 5, 1897. When gill net may be used. Penalty. CHAPTER 4560-[No. 46.] AN ACT to Prohibit Fishing in the Waters of Lake Worth and its Tributaries. Be it enacted by the Legislature of the State of Florida: SECTION 1. That it shall be unlawful for any person or persons to capture or kill any of the food fishes, except flounders, in the waters of Lake Worth or the creeks tributary thereto in Dade county, in any other way, or with any other appliance than the ordinary cast net, or with hook and line, or gig or spear, except during the months of November, December, January, February, March and April, during which time the floating or drift gill-net may be used. SEC. 2. Any person or persons violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one hundred dollars, or less than fifty dollars, or by im |