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pay on demand or at a fixed or determinable future time, a 1897. sum certain in money to order or to bearer. Where a note is drawn to the maker's own order, it is not complete until indorsed by him.

Sec. 185. A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, Check. the provisions of this act applicable to a bill of exchange payable on demand apply to a check.

SEC. 186. A check must be presented for payment within When check a reasonable time after its issue or the drawer will be dis- must be pre

sented for paycharged from liability thereon to the extent of the loss ment. caused by the delay.

SEC. 187. Where a check (is) certified by the bank on which it is drawn, the certification is equivalent to an acceptance.

SEC. 188. Where the holder of a check procures it to be accepted or certified the drawer and all indorsers are dis- check. charged from liability thereon.

SEC. 189. A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank; and the bank is not liable to the holder, unless and until it accepts or certifies the check.

SEC. 190. All laws and parts of laws in conflict with this act are hereby repealed. Approved June 1, 1897.

a

Holder of

CHAPTER 4525– [No. 11.]

AN ACT in Relation to the Forging of Certain Instruments, and

Prescribing the Penalty Therefor.

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

SECTION 1. That whoever falsely makes, alters, forges or counterfeits any doctor's certificate or record of examination to an application for a policy of insurance, or knowing such doctor's certificate or record of examination to be falsely made, altered, forged or counterfeited, shall pass, utter, or publish such certificate as true, with intent to injure or defraud any person or corporation, shall be deemed guilty of forgery, and upon conviction thereof shall be punished by imprisonment in the State penitentiary not exceeding five Penalty.

. years, or by fine not exceeding $500.

That all laws or parts of laws in conflict herewith Repeal. be and the same are hereby repealed.

Approred June 5, 1897.

SEC. 2.

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CHAPTER 4526-[No. 12.]

AN ACT to Amend Section 1 of an Act Establishing a Fine and Forfeiture Fund in the Several Counties, Regulating the Payment of Criminal Cost, Authorizing a Special Tax for Said Cost, and Providing for the Feed of Prisoners and Hire of Convicts, Approved April 20, 1895, as Amended by Chapter 4325, Laws of Florida.

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

SECTION 1. That an act establishing a fine and forfeiture fund in the several counties, regulating the payment of criminal cost, authorizing a special tax for said cost, and providing for the feed of prisoners and hire of convicts, approved April 20, 1895, as amended by Chapter 4325, of the Laws of Florida, be and the same is hereby amended so as to read as follows:

There shall be in every county in this State a separate fund to be known as the fine and forfeiture fund. Said fund shall consist of all fines and forfeitures collected in the county, under the penal laws of the State, all cost refunded to the county, all funds arising from the hire or other disposition of convicts, and the proceeds of any special tax that may be levied by the County Commissioners for expenses of criminal prosecutions. The Treasurers of the respective counties shall be the custodians of said fund, and their official bonds shall cover all sums paid into said fund; said Treasurers shall keep a separate book or account of the amounts derived from the various sources above specified, and shall pay out said funds only for criminal expenses, fees and costs where the crime was committed in the county, and the fees and costs are a legal claim against the county, in accordance with the provisions of this act. The Board of County Commissioners of every county are hereby authorized to levy a special tax not to exceed two mills upon the real and personal property of the respective counties, to be assessed and collected as other county taxes are assessed and collected for such costs of criminal prosecutions; Provided, That the County Commissioners of any county in which there is a deficit in the fine and forfeiture fund shall be, and are hereby, authorized to pay the amount of such deficit now existing out of the general fund of the county, but no deficit accruing hereafter shall be so paid.

SEC. 2. All laws and parts of laws in conflict with this act are hereby repealed.

SEC. 3. This act shall take effect upon its approval by the Governor.

Approved June 1, 1897.

CHAPTER 4527—[No. 13.]

1897.

AN ACT to Amend Section 9, of an Act Entitled “An Act Estab

lishing a Fine and Forfeiture Fund in the Several Counties,
Regulating the Payment of Criminal Costs, Authorizing a
Special Tax for Said Costs, and Providing for the Feed of
Prisoners and Hire of Convicts,” Approved April 20, 1895.

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

Fees o Sheria

SECTION 1. That Section 9 of the said act be, and the same is, hereby amended so as to read as follows:

Section 9. That i he Sheriff shall make out and present to the Board of County Commissioners, at any meeting thereof, his bill for fees for feeding prisoners confined in the county jail, giving the name of each prisoner and the period for which for feeding the charge is made, which fees shall be as follows: For feed

For feed prisoners. ing ten prisoners or less, forty cents per day each; for feed. ing all over ten prisoners, thirty cents per day each; and it shall be the duty of said Board to properly audit the same, and order a warrant drawn against the fine and forfeiture fund of the county for the sum found to be due.

Where the prisoner is confined in the jail of a different county from the one in which the crime was committed, then the Sheriff's bill for feeding such prisoner shall be presented fined in jail of to the Board of County Commissioners of the county in different county which the crime is alleged to have been committed, and paid which crime by such county.

If the Sheriff should subsequently collect was committed. any such fees for feeding a prisoner, it shall be his duty to pay the same to the County Treasurer, to go into the fine and forfeiture fund, taking duplicate receipts from him specifying particularly what it is for, and file one of them with the Board. The County Commissioners shall see that there is always set aside and retained in the fine and forfeiture fund

Duty of County out of the moneys collected from the special tax authorized Commissione to to be collected for said fund, enough cash to pay for keeping and feeding such prisoners.

Sec. 2. This act shall take effect immediately upon its passage and approval by the Governor.

Approved May 19, 1897.

from

1897.

CHAPTER 4528.-[No. 14.]

AN ACT Abrogating Citations on Appeals in Chancery Causes

from the Circuit to the Supreme Court, and Making the Record of the Entry of Such Appeals Notice in Such Causes.

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

causes to be

SECTION 1. That from and after the passage of this act notice of the entry of all appeals in chancery causes, whether taken in open court or in vacation, shall be filed with the

Clerk of the court whose order or decree is to be reviewed, and Notice of entry of appeals in by such Clerk shall be forthwith entered in the chancery order chancery

book, and no other or further notice of such appeal shall be filed with Clerk required to be given or served in order to give to the Su

preme Court complete jurisdiction over the person of the appellee, but the record of such entry in the chancery order book shall be taken and held to be sufficient notice to the appellee of the taking of said appeal and of the pendency thereof in the Supreme Court.

SEC. 2. That Sections fourteen hundred and sixty (1460) and fourteen hundred and sixty-one (1461) of the Revised

Statutes, relating to the giving, issuance and service of notice Repeal. and citation on appeals in chancery, shall no longer apply to

appeals from the Circuit Courts to the Supreme Court; and all laws and parts of law in conflict with the provisions of this act act are hereby repealed.

SEC. 3. That this act shall take effect immediately upon its approval by the Governor.

Approved May 7, 1897.

CHAPTER 4529-[No. 15.]

AN ACT to Abrogate the Writ of Scire Facias ad Audiendum

Errores in Appellate Proceedings to the Supreme Court, and to
Provide a Substitute Therefor in Civil Causes.

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

SECTION 1. That from and after the passage of this act it shall not be necessary, in order to give to the Supreme Court jurisdiction over the person of any defendant in error in civil causes, to issue or to serve the defendant in error with a scire facias ad audiendum errores, or with any other writ, process or notice, in any civil cause taken by writ of error to the Supreme Court, for the purpose of notifying him of the

pendency of such writ of error proceeding; but all writs of 1897. error from the Circuit Courts to the Supreme Court in civil causes shall be recorded by the Clerk of the Circuit Court to whom such writ of error is addressed in the minute book of his court within ten days after its issuance or receipt by him, and such recording by the Clerk of the writ of error shall be deemed taken and held to be sufficient notice to the defendant in error of the pendency of such writ of error proceeding in the Supreme Court, and the Supreme Court shall thereby acquire complete jurisdiction over the person of such defendant in error.

SEC. 2. That Sections twelve hundred and seventy-three (1273) and twelve hundred and seventy-four (1274) of the Revised Statutes, relating to the issuance, service and return

Repeal. of writs of scire facias ad audiendum errores, shall no longer apply to writs of error from the Supreme Court to the Circuit Courts, and all laws and parts of laws inconsistent with the provisions of this act are hereby repealed.

SEC. 3. That this act shall take effect immediately upon its approval by the Governor.

Approved May 8, 1897.

CHAPTER 4530.- [No. 16.]

AN ACT to Amend Section 2463, of the Revised Statutes of the

State of Florida, Relating to Embezzlement by Public Officers,
and to Define and Declare What is Prima Facie Evidence
Thereunder.

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

State, County or municipal officer.

Definition of embezzlement by.

That Section 2463, of the Revised Statutes of the State of Florida, be amended so as to read as follows:

That any State, county or municipal officer who shall : 1. Convert to his own use, or who shall

2. Secrete with the intent to convert to his own use, or who shall 3. Witbhold with the intent to convert to his own use,

(a) Any money, property or effects belonging to or in the possession of the State, county, city or town whose duty requires him to receive said public money, property or effects;

(b) Any money, property or effects of another, the duty of which officer requires him to receive said money, property

or

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