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1897.

Penalty.

Applies to others.

Repeal.

Effect.

Trespassers.

Penalty.

Repeal.

Effect.

or effects shall in every such act be deemed guilty of an embezzlement of the money, property or ffects so converted, secreted or withheld, and shall be punished by imprisonment in the State prison not exceeding twenty years, and by a fine equal to the value of the money, property or effect so converted, secreted or withheld. The failure, neglect, omission or refusal of any such officer to pay over or deliver to any official or person authorized or having the right by law to receive the same, for more than thirty days after the same has been collected or received by him, shall be "prima facie" evidence of the conversion to one's own use, or the secreting with the intent to convert to one's own use, or the withholding with the intent to convert to one's own use the said money, property or effects. This section shall apply to any deputy, cler r employe in any State, county or municipal office, and to all school officers.

SEC. 2. That all laws and parts of laws in corflict with this act be and the same are hereby repealed.

SEC. 3. This being a public act, shall take effect immediately upon its approval by the Governor.

Approved June 3, 1897.

CHAPTER 4531-[No. 17.]

AN ACT to Amend Section 2517 of the Revised Statutes Relating to Trespasses on Farms, Gardens, etc.

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

SECTION 1.

That Section 2517 of the Revised Statutes be so amended as to read as follows: Section 2517. Whoever takes and carries away from any farm, garden, orchard, orange or lemon grove, or destroys any farm products, vegetables, fruits or flowers, corn or cotton from the stalk or from any vineyard any grapes of any money value without the consent of the owner or manager, shall be punished by imprisonment not exceeding three months or by fine not exceeding fifty dollars, or by both such imprisonment and fine at the discretion of the court.

SEC. 2. That such parts of said s clion as are in conflict with the provisions of this act are hereby repealed. SEC. 3. That this act shall take effect from the time of its approval by the Governor. Approved June 4, 1897.

CHAPTER 4532-[No. 18.]

1897.

AN ACT to Punish the Improper Exhibition of Dangerous

Weapons,

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

SECTION 1. If any person, having or carrying any dirk, dirk-knife, sword, sword-cane, gun, pistol or oiher deadly weapon, shall in the presence of one or more persons exhibit the same, in a rude, careless, angry or threatening manner, not in necessary self-defence, the person so offending shall, upon conviction thereof, be punished by imprisonment not Penalty. exceeding three months, or by a fine not exceeding one hundred dollars, or by boih such fine and imprisonment.

SEC. 2. This act shall take effect upon its approval by the To take effect. Governor.

Approved May 29, 1897.

CHAPTER 4533—[No. 19.]

AN ACT to Fix a Penalty for Horse and Cattle Stealing.

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

SECTION 1. Whoever commite larceny by stealing any horse, mule, mare, filly, colt, cow, bull, ox, sieer, heiter or calf, the property of another, shall be punished by imprisonment in Penalty. the State prison not less than two years nor more than five years.

SEC. 2. Whoever violates the provisions of Section 1 of this act a second time, and is convicted of such second sep- second vio

Penalty arate offense, eii her at the same term or a subsequent term lation of this of court, shall be punished by imprisonment in the State act. prison not less than five years nor more than twenty years. SEC. 3. All laws and parts of laws in conflict with this act

Repeal. are hereby repealed.

Approved June 5, 1897.

1897.

CHAPTER 4534-[No. 20.]

AN ACT to Prohibit Arrangements, Contracts, Agreements, Trusts

or Combinations, and Certain Other Acts or Things Intended
or Tending to Prevent, Hinder or Obstruct the Lawful Sale of
Florida Fed Beef or Other Beef or Fresh Meat or Cattle or
Other Edible Animal in This State, or Tending to Monopo-
lize or Control the Sale or Price Thereof.

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

SECTION 1. That every arrangement, contract, agreement,
trust or combination between persons or corporations, or be-
tween any person and any corporation, made with a view to,
or tending to prevent, binder or obstruct the lawful sale in
this State, or any place therein, of beef or other fresh meat
of cattle or any other edible animal raised, fattened or fed in
the State of Florida, or any other beef or fresh meat, or with
a view to or tending to prevent, hinder or obstruct the lawful
sale of any cattle or other edible animal in this State, or any
place therein, or which shall tend to monopolize or control
the sale or price of beef or other fresh meat in this State, or
any place therein, is hereby declared to be against public
policy.

SEC. 2. Any corporation chartered under the laws of this
State, which shall violate any of the provisions of this act

shall thereby forfeit its charter and franchises, and its corPenalty.

porate existence shall the reupon cease and determine. Every
foreign corporation which shall violate any of the provisions
of this act, is hereby denied the right to do and is prohibited

from doing business in this State. It is hereby made the Daty of At- duty of the Attorney-General of this. State to enforce this torney-General.

provision by due process of law.

Sec. 3. Any violation of any provision of this act shall be

deemed and is hereby declared to be destructive of full and Violation of the free competition and a conspiracy against trade, and any perprovisions

son or persons who may engage in such conspiracy, or who spiracy.

shall, as principal, manager, director or agent, or in any
other capacity, knowingly carry out any of the stipulations,
purposes, prices, rates or orders made in furtherance of such
conspiracy, shall, on conviction, be punished by fine of not

more than five thousand dollars, or by imprisonment for not Penalty.

more than one year, or by both such fine and imprisonment in
the discretion of the court.

SEC. 4. The Circuit Courts of this State are hereby given
Jurisdiction

jurisdiction in chancery, and it is hereby made their duty to and duty of restrain or enjoin any violation of his act in their respecttive Circuit Courts.

circuits, and to restrain or enjoin any raising or lowering of

this act a con

IL

the price or prices of beef or other fresh meat, in any place 1897. or places in such several circuits, with intent to or tending to prevent, hinder or obstruct the sale of beef or other fresh meat of cattle or any other edible animal raised, fattened or fed in the State of Florida, or any other beef or fresh meat, or with intent to or tending to prevent, hinder or obstruct the lawful sale of any cattle or other edible animal in any such place or places. It is hereby made the duty of the Duty of State State's Attorneys to institute and prosecute all proper suits Attorney. in their respective circuits in the name of the State to enforce this section. Any citizen of this State also may

institute and prosecute suit in his own name to enforce this section. In case decree shall be rendered in the Circuit Court in favor of the complainant, whether the State or an individual, the court may decree ihat the defendant or defendants pay a reasonable fee in the cause for the State's Attorney or complainant's solicitor therein. Nothing herein contained shall operate or be construed to deprive any person of any right to any damages, or of any remedy to recover damages which such person would have without this act, in order about or from matter mentioned or included in this act. SEC. 5.

No person shall be excused from attending and testifying, or from producing books, papers, contracts, agreements and documents on subpoena for the State, or as witnesses for the State, or cross-examination for the State, in any prosecution, suit or proceeding, criminal'or civil, under authorized by or based upon this act or growing out of any violation thereof, when such prosecution, suit or proceeding is in the name of the State and prosecuted or carrried on by the Attorney-General or State's Attorney, on the ground or for tbe reason that the testimony or evidence, documentary

on ground that or otherwise required of him, may tend to criminate him or testimony subject bim to a penalty or forfeiture. But no such person nate him. shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence; Provided, That no person so testifying shall be exempt from Proviso. prosecution and punishment for perjury committed in so testifying.

Approved June 11, 1897.

on

No one excused

would incrimi.

1897.

CHAPTER 4535-[No. 21.]

AN ACT to Regulate the Holding of Political Primary Elections in

the State of Florida for the Nomination of Delegates to Political Conventions, or of Candidates for Any Elective Office Under the Laws of this State.

Committee to
give twenty
days notice
in newsparer.

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

SECTION 1. That whenever the executive or standing com. mittee of any political party of citizens in any county of this State decide to take, by primary election, the sense of the members of the said party as to the proper persons to be made delegates to any convention to be held for the purposes of that party, or to take the sense of the members of the said party as to their choice for United States Senator, or as to the proper person or persons to be presented on behalf of that party to the voters of the county, at an election to be held in said county under the laws of this State, the said committee shall give at least twenty days notice in some newspaper published in said county, or by posting in one or more public places in each ward or election precinct or district in the county wherein such primary election is proposed to be held, of the place where the voters belonging to that party are requested to meet for the purpose of acting in relation to the nomination of delegates or candidates as herein above stated.

Such notice shall also state the day on which such election is to be held and the hours within which it is to be held, and the names of the inspectors appointed to hold such election and receive the votes that may be cast thereat, and make report and return thereof, and the time when such return and report shall be made to the committee directing such meeting to be held.

Sec. 2. That no person can vote or take part in the proceedings of any primary election who is not by the laws of the Siate a lawful elector, who has paid his poll tax legally due, not less than ten days before such primary election is held and authorized to vote in any legal election in the ward or precinct for which such primary election is held.

SEC. 3. That the executive or standing committee appointing the inspectors to hold such primary election may declare the terms and conditions on which legal electors offering to vote at such election shall be regarded and taken as proper members of the party at whose instance or in whose interest such primary election has been called or may be held, and therefore entitled to vote at such election as a member of that party

What notice shall state.

Requirements to vote.

Executive committee to de clare who are proper members of party,

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