Proof of such death and continued widowhood shall be made as in other cases herein provided as far as applicable; Provided, That such widow was a bona fide resident of this State on the 1st day of January, 1880, and has so continued ever since. The provisions of this article shall apply to the Florida State Troops when called into service by the authorities of this State. No person who, or whose wife, or any widow who owns property to the value of $1,500 in this or any other State, or who is otherwise enabled or in a position to earn a livelihood, shall be entitled to any benefits of this act. No person shall be entitled to a pension under the provisions of this act receiving a pension from the United States or any State; Provided, That all applicants for pensions arising under this section shall be referred to an organized Camp of Confederate Veterans, if there be one in the county where the applicant resides, for investigation and report as to whether or not the pension should be granted. Oath required to be made by applicant for pension. SEC. 2. That Section 2 of said act amending Section 570, of the Revised Statutes of Florida be amended to read as follows: The applicant for the benefits of this act shall make oath before some person authorized to administer oaths, stating in what company, regiment or brigade he or the party on account of whom application is made was serving when the loss was sustained, or the injury received, or when and where he contracted the disease which produced the permanent disability claimed to exist. If the application is made for a permanent disability caused by wounds or disease since the war the applicant shall fully and clearly set forth all the facts showing the disease or injury, its character and especially the extent of the disability and his inability to earn a livelihood by manual labor. He shall also furnish an affidavit of one of the commissioned officers of his company or regiment or ship showing that he rendered service as a soldier or sailor. If the affidavit of such commissioned officer cannot be had, ments. applicant may prove his services by any two respectable citizens who served with him in the army or navy, the sufficency of such proof to be subject to the rules and regulations to be adopted by the Governor, and set forth in the blanks sent out from his office for use of applicants. The applicants shall also procure the sworn statements of two respectable physicians of his own State showing the extent of the disability resulting from the wounds or injury or disease described in the application. All of said affidavit shall be certified to be genuine by the Clerk of the Circuit Court of the county where made, and he shall in his certificate state that all the witnesses who testify to applicants proof are persons of respectability and good reputations, and that their statements are worthy of Other require 1897. belief, and also that the attesting officer or officers are duly authorized to attest such proofs and that their signatures thereto are genuine. SEC. 3. That all acts or parts of acts in conflict with this act be and are hereby repealed. SEC. 4. That this act shall go into effect upon its passage and approval by the Governor. Approved June 15, 1897. CHAPTER 4522-[No. 8.] AN ACT to fix the Pay of the Members, Officers and Attachees of the Regular Session of the Legislature of 1897. Be it enacted by the Legislature of the State of Florida: SECTION 1. That the pay of members of the present Legislature, convened April 6, 1897, shall be a per diem of six ($6.00) dollars a day in addition to mileage at ten (10) cents. a mile each way to and from their homes to the seat of government by the most practicable route. SEC. 2. That the pay of the Secretary of the Senate and the Chief Clerk of the House of Representatives shall be six ($6.00) dollars per diem each. All other clerks elected by the Senate and House of Representatives shall be six ($6.00) dollars per diem each. All committee clerks shall be allowed five ($5.00) dollars per diem each for every day of actual service, the number of days of actual service to be certified by the chairman of the committee. The Sergeant-at-Arms of the Senate and House of Representatives, and Assistant Sergeant-at-Arms of the House of Representatives shall each be six ($6.00) dollars per diem. Messengers of the Senate and House of Representatives shall receive six ($6.00) per diem each. Doorkeeper of the Senate and the House of Representatives each shall receive six ($6.00) dollars per diem. Janitor of the Senate and House of Represenatives shall receive five ($5.00) per diem each, and Assistant Janitor of the House of Representatives, three dollars per day each. Pages of the Senate and House of Representatives shall receive four ($4.00) dollars per diem. Chaplains of the Senate and House of Representatives shall be one hundred ($100.00) dollars each. The Secretary of the Senate and the House of Representatives shall be entitled to ten days after adjourn ment to bring up their journals. The Recording Clerk of the Senate and the House of Representatives shall have ten days to finish their work. The Comptroller is required to issue his warrant in favor of any member, officer or attachee of either the Senate or House of Representatives for the amount due him, and the Treasurer shall pay the same out of any moneys in the treasury not otherwise appropriated. 1897. Recording clerk of the Senate and House of Representatives allowed ten days. SEC. 3. That the actual expenses of all members of the various joint visiting committees, and expenses of special Expenses visitcommittees, be prepared in pay roll form and certified to by ing committees. the chairman of such committee, and the Comptroller shall issue his warrant for the same. SEC. 4. This act shall take effect immediately after its passage and approval by the Governor. Approved May 31, 1897. CHAPTER 4523-[No. 9.] AN ACT in Relation to the Salaries of Certain Administrative Officers. Be it enacted by the Legislature of the State of Florida: Salaries of SECTION 1. That on and after the first day of July, A. D. 1897, the salaries of the Secretary of State, Superintendent of Commissioner Public Instruction and Commissioner of Agriculture of the State of Florida shall each be at the rate of two thousand dollars ($2,000) 'per annum. SEC. 2. That this act shall take effect upon its approval by the Governor. Approved June 5, 1897. of Agriculture and Superintendent Public Instruction. CHAPTER 4524-[No. 10.] A GENERAL ACT Relating to Negotiable Instruments (Being an Be it enacted by the Legislature of the State of Florida: GENERAL PROVISIONS. This act shall be known as the NEGOTIABLE INSTRUMENTS LAW. In this act, unless the context otherwise requires: 1897. Acceptance. Action. Bank. Bearer. Bill. Delivery. Holder. Indorsement. Instrument. Issue. Person. Value. Written or writing. Who primarily liable. Secondarily liable. Reasonable time and unreasonable time Sundays and holidays. Where not to apply. "Acceptance" means an acceptance completed by delivery or notification. "Action" includes counter claim and set-off. "Bank" includes any person or association of persons carrying on the business of banking, whether incorporated or not. "Bearer" means the person in possession of a bill or note which is payable to bearer. "Bill" means bill of exchange, and "note" means negotiable promissory note. "Delivery" means transfer of possession, actual or constructive, from one person to another. "Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by de livery. "Instrument" means negotiable instrument. "Issue" means the first delivery of the instrument, complete in form to a person who takes it as a holder. "Person" includes a body of persons, whether incorporated or not. "Value" means valuable consideration. "Written" includes printed, and "writing" includes print. The person "primarily" liable on an instrument is the person who by the terms of the instrument is absolutely required to pay the same. All other parties are "secondarily" liable. In determining what is a "reasonable time" or an "unreasonable time" regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case. Where the day, or the last day, for doing any act herein required or permitted to be done falls on Sunday or on a holiday, the act may be done on the next succeeding secular or business day. The provisions of this act do not apply to negotiable instruments made and delivered prior to the passage hereof. In any case not provided for in this act the rules of the law merchant shall govern. TITLE I. NEGOTIABLE INSTRUMENTS IN GENERAL. ARTICLE I. Form and Interpretation. SECTION 1. An instrument to be negotiable must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer; 1897. 2. Must contain an unconditional promise or order to pay Requirements a sum certain in money; ཉ. Must be payable on demand, or at a fixed or determinable future time; 4. Must be payable to order or to bearer; and, 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable cer tainty. SEC. 2. The sum payable is a sum certain within the meaning of this act, although it is to be paid: 1. With interest; or 2. By stated installments; or 3. By stated installments, with a provision that upon default in payment of any installment or of interest, the whole shall become due; or 4. With exchange, whether at a fixed rate or at the current rate; or 5. With costs of collection or an attorney's fee, in case payment shall not be made at maturity. SEC. 3. An unqualified order or promise to pay is unconditional within the meaning of this act, though coupled with: 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. A statement of the transaction which gives rise to the instrument. But an order or promise to pay out of a particular fund is not unconditional. SEC. 4. An instrument is payable at a determinable future time, within the meaning of this act, which is expressed to be payable: 1. At a fixed period after date or sight; or 2. On or before a fixed or determinable future time specified therein; or of negotiable instruments. 3. On or at a fixed period after the occurrer ce of a specified event, which is certain to happen, though the time of happening be uncertain. When order or promise is unconditional. When instru An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the ment is not defect. SEC. 5. An instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable. But the negotiable character of an instrument otherwise negotiable is not affected by a provision which: negotiable. Ibid when negotiable character of an instrument is not affected. |