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ling of property free or at reduced rates for charitable purposes, or to and from fairs and expositions for exhibition thereat, or free carriage of destitute and homeless persons transported by charitable societies, and the necessary agents employed in such transportation, or the issuance of mileage, excursion or commutation, or round trip passenger tickets, or from giving reduced rates to ministers of religion, or from giving free passes to their own officers or employes, or to prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employes, or free passes or reduced rates to persons in charge of live stock shipped from the point of shipment to destination and return, or from issuing second-class tickets at a lower rate of fare than for first-class tickets; for the holders of which second class tickets so issued, second-class accommodations shall be fur、 nished.

1897.

where free or reduced rates this act.

are allowed by

mon carriers to

report to Com

missioners.

SEC. 20. It shall be the duty of all common carriers subject to the provisions of this act to make to the Railroad Commissioners annually, at such time as said commission-Duty of comers shall designate,and according to such forms as said commis- make annual sioners shall prescribe, annual reports for the current year ending June 30 immediately preceding, which shall contain a statement of the organization, capitalization, traffic earnings and such other matters connected with their organization and operations as said commissioners shall require, which said report shall be verified by affidavits of the principal officers thereof, and the said commissioners shall tabulate and compile said annual reports and include them in their annual report, and include them in their annual report to the Governor.

Commissioner s
may direct the
Attorney-
General or

State Attorney
to institute
proceedings
before the
courts.

SEC. 21. Said commissioners may, at their discretion, direct the Attorney-General or State Attorney to institute proper proceedings before the courts in the name of the State, by mandamus, injunction or otherwise, against any common carrier subject to the provisions of this act to compel the observance of the law or the rules and regulations of the commisoners made thereunder, and such Railroad Commissioners are hereby authorized, when in their judgement it is necessary so to do, to employ counsel to assist the AttorneyGeneral or State Attorney in conducting any such proceeding on behalf of the State. In case such proceeding is instituted in the Circuit Court, and an appeal shall be taken from the judgement thereof to the Supreme Court, such appeal shall In case of apnot operate as supersedeas, but such appeal shall be given to precedence over all other appeals, shall be advanced to the Court. head of the docket and shall be heard and determined by said Supreme Court as soon as practicable after the filing of

May employ assist the General.

counsel to

Attorney

Supreme

1897.

Railroad Com

of said appeal in said court. The Railroad Commissioners shall have power to make and enfore all such rules and regumissioners have lations as may be necessary to enable them to carry out the powers conferred upon them by this act.

power to make and enforce necessary rules.

SEC. 23. In all cases herein provided for bringing suits in any of the courts of this State, appeals shall lie therefrom as in actions from other civil suits.

SEC. 23. That all laws and parts of laws in conflict with this act are hereby repealed.

SEC. 24. This act shall go into effect immediately upon its passage and approval by the Governor.

Approved May 8, 1897.

Application for permit to sell

CHAPTER 4550-[No. 36.]

AN ACT to Amend Sections 865 and 866 of the Revised Statutes of Florida, Regulating the Granting of Permits to Sell Liquors, Wines or Beer.

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

SECTION 1. That Section 865 of the Revised Statutes of the State of Florida be amended so as to read as follows: 865. Application for permit, to whom made and when granted. Any person, firm or corporation wishing to sell liquors, wines or beer in any election district, shall make liquors, etc., to application to the Board of County Commissioners of the county at a regular meeting held not earlier than the month of August, asking the board to grant to the applicant the right to sell such liquors, wines or beer in such election district, and praying for a permit to make such sales.

whom made and when

granted.

Requisites of application.

SEC. 2. That Section 866 of the Revised Statutes of the State of Florida be amended so as to read as follows:

866. Requisites of application.-The Board of County Commissioners of each county shall, at their regular meeting held in June of each and every year, revise the registration list of each election district of the county, striking therefrom the names of all persons disqualified from any cause. The application for permit to sell liquors, wines or beer must be signed by a majority of the registered voters of the election district as shown by the registration list at the date of application, each signature to be made in the presence of at least two credible witnesses, and shall be accompanied by the applicant's affi

davit that each and every name or mark affixed to such application was the act and deed of the person purporting to sign the same, that there was no fraud, bribery or deception in procuring such signatures or marks, and that all such signatures and marks were obtained after the revision of the registration list in June.

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

Approved June 2, 1897.

1897.

CHAPTER 4551-[No. 37.]

AN ACT to Amend Section 2634, of Article 14, Chapter 7, of the
Revised Statutes of the State of Florida, Relating to the Selling
of Liquors in Counties or Precincts Voting Against Such
Sales.

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

SECTION 1. That Section 2634, of Article 14, Chapter 7, of the Revised Statutes of the State of Florida, which reads as follows:

2634. Selling liquors in counties or precints voting against such sale. Whoever sells or causes to be sold, any spirituous, vinous or malt liquors in any county or precinct which has voted against the sale of such liquors under the provisions of Chapter 8, Title 11, Division 1, shall be punished by imprisonment not exceeding six months, or by fine not exceeding five hundred dollars, shall be amended so as to read as follows:

2634. Selling liquor in counties or precincts voting against such sale.-Whoever sells, or causes to be sold, any spirituous, vinous or malt liquors in any county or precinct which has voted against the sale of such liquors under the provisions of Chapter 8, Title 11, Division 1, or without a license or permit.

Whoever permits the sale of any spirituous, vinous or malt liquors in any building, tent, or in any place where sales could be made by using any box, drawer or any apparatus, secretly used to evade the law, or any part of the law; any person or persons occupying the building or part thereof where such business is carried on, or any person or persons leasing any building or part thereof to any other person or persons for such business to be carried on, shall, upon canviction, be punished the same as if such person or persons

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1897.

had sold spirituous, vinous or malt liquors, and the proof of Evidence neces- the ownership or the leasing of such building or part thereof shall be prima facie evidence and shall be all the evidence necessary for conviction.

sary for con

viction.

Duty of

Sheriffs, Constables and

It shall be the duty of all Sheriffs, Deputy Sheriffs, Constables and Police Officers in their respective jurisdictions, and they are hereby authorized and empowered to enter any Police Officers. building or part thereof, that they have cause to suspect that spirituous, vinous or malt liquors are kept for sale in, and to seize the same and arrest all the parties so engaged in the sale of such spirituous, vinous or malt liquors, and if such liquors, in such quantity as to confirm the belief of the illegal selling of the same, be found in any building where such search has been made, the same shall be prima facie evidence and shall be all the evidence necessary to convict said parties, and upon conviction they shall be punished by imprisonment not exceeding twelve months, nor less than three months, or by a fine of not more than one thousand, nor less than five hundred dollars, or by both fine and imprisonment in the discretion of the court, and any Sheriff, Deputy Sheriff, Constable or Police Officer, who shall willfully refuse to perform his duty in making such search for liquors, etc., after proper affidavit has been made by some credible person that they have reason to believe that liquors are concealed in some special building, he shall be fined not less than fifty dollars, and shall forfeit his commission as such officer.

Penalty.

SEC. 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed.

Approved June 2, 1897.

CHAPTER 4552-[No. 38.]

AN ACT to Amend Section 1 of an Act in Relation to the Prosecution by the State of Violations of the Prohibition Regulations, Approved April 25, 1895.

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

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

Section 1. In all prosecutions by the State for the unlawful sale of intoxicating liquors, wines or beer contrary to prohibition regulations, the introduction of a copy of the record of

1897.

the result of the canvass of the returns of the election as made by the county canvassing board and recorded in the minutes Evidence of of the proceedings of the board of County Commissioners legal election duly certified to by the Clerk of the Circuit Court for such county in which an election shall have been held, shall be taken as prima facie evidence that said election was legally called, conducted and holden.

SEC. 2. This act shall take effect from and after its pas sage and approval by the Governor.

Approved June 4, 1897.

CHAPTER 4553-[No. 39.]

AN ACT to Punish the Desertion of Wife and Children.

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

SECTION 1. That from and after the passage of this act any man who shall in this State desert his wife and children, or his wife where there are no children or child, or who shall withhold from them the means of support, without there existing at the time of such desertion such cause or causes as are recognized as ground or grounds for divorce in this. State, shall be deemed guilty of a misdemeanor, and upon Penalty. conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars ($500), or both such fine and imprisonment at the discretion of the judge trying the cause. Approved June 5, 1897.

CHAPTER 4554-[No. 40.]

AN ACT Relating to Fire Insurance Policies, Prescribing a
Rule of Evidence and Measure of Damage in Case of Loss.

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

SECTION 1. That from and after the passage of this act in all suits or proceedings brought upon policies of insurance on buildings against loss or damage by fire hereafter issued or renewed, the insurer shall not be permitted to deny that the property insured was worth at the time of insuring of the

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