CHAPTER 14. CABINET OFFICERS. 1. What shall constitute the Cabinet; how appointed; term of office. 2. What shall constitute Board of Commissioners of State Institutions. 3. Each Cabinet officer to make official reports, when and to whom; power of Legislature as to calling for certain information. 4. Salary of Cabinet officers. 5. Salary, how and when payable. 6. Cabinet officers must notify Governor of their absence from the State. 7. Cabinet officers must reside at Capital; must have permission of other officers to leave the State; what deemed an abandonment of office. SECTION 1. The Governor shall be assisted by a Cabinet of adCabinet officers. ministrative officers, consisting of a Secretary of State, Attorney-General, Comptroller, Treasurer, Superintendent of Public Instruction, Adjutant-General, and Commissioner of Lands and Immigration. Such officers shall be appointed by the Governor and confirmed by the Senate, and shall hold their offices the same time as the Governor, or until their successors shall be qualified. (a) How appointed and term of office. Board of Commissioners of State Institutions. Cabinet officers sball make re port of official spond to calls of Legislature. acts and re Member of Cab Governor of in SEC. 2. The Governor and Cabinet shall constitute a Board of Commissioners of State Institutions, which Board shall have supervision of all matters connected therewith, in such manner as shall be prescribed by law. (b) SEC. 3. Each officer of the Cabinet shall make a full report of his official acts, of the receipts and expenditures of his office, and of the requirements of the same, to the Governor at the beginning of each regular session of the Legislature, or whenever the Governor shall require it. Such reports shall be laid before the Legislature by the Governor at the beginning of each regular session thereof. Either House of the Legislature may at any time call upon any Cabinet officer for any information required by it. (c) SEC. 4. The salary of each Cabinet officer shall be two thousand dollars per annum. (d) SEC. 5. The salary of each officer shall be payable quarterly upon his own requisition. (e) SEC. 6. When any member of the Cabinet shall desire to abinet to notify sent himself from the State he shall be permitted to do so upon tended absence, notifying the Governor in writing of such intention. (f) SEC. 7. The Secretary of State, Attorney-General, Comptroller, Treasurer, Superintendent of Public Instruction, Adjutant Cabinet officers to reside at capital. (a) Sec. 16, Art. 5, Const. of 1868. (d) Sec. 4, Art. 16, Const. of 1868, as amended in 1871. (e) Sec. 6, Art. 16, Const. of 1868. (f) Sec. 1. Chap. 1749, Act of February 17. 1870. General, and Commissioner of Lands and Immigration shall reside at the Capital of the State; and without the consent of the Governor and a majority of his Cabinet, no member of said Cabinet shall absent himself for a longer period of time than thirty days. And in case any incumbent shall fail to comply with and observe the requirements hereof, it shall be deemed an abandonment and vacation of the office, and the Governor may fill such vacancy and office by appointment and commission, which commission shall expire at the next session of the Legislature after the happening of such vacancy as aforesaid. (g) trict counties districts. SECTION 1. The County Commissioners of each county in County commisthis State are hereby empowered, at their discretion, to lay out sioners to distheir respective counties into districts, as many as they may into cattle deem necessary, to be called cattle districts, and each cattle district shall be entitled to one or more Cattle Inspectors, to be cattle inspec appointed by the County Commissioners; and each Inspector tors. shall be an expert in taking or recording marks and brands of cattle, and who shall not be allowed to appoint deputies. Each Inspector, when he is appointed, shall subscribe to the follow (g) Sec. 1, Chap. 1845, Act of January 27, 1871. Oath. cattle to be county. ing oath before any officer qualified to administer oaths, which shall be filed in the office of the Clerk of the Circuit Court, before he shall enter upon the duties of his office : I do solemnly swear that I will faithfully perform all the duties devolving upon me as Cattle Inspector according to law. (Signed) Sworn to and subscribed before me this A. D. 18— - day of (a) SEC. 2. It shall be the duty of the Inspectors to inspect the Inspection and record of marks marks and brands of all cattle driven or shipped from their and brands of respective counties, and to keep a book for the purpose of enremoved from tering and recording all marks and brands of cattle taken by them, setting forth clearly the correct mark and brand of each head of cattle thus driven or shipped from the county, and shall set forth in the record the name of the person or persons driving or shipping such cattle, the time and place when such record was taken, and the name of the vessel upon which such cattle may be shipped. (a) Fees and mileage. Inspection of be removed from county. SEC. 3. Each Inspector shall be authorized to charge and collect from the person or persons driving or shipping beef cattle out of the county three cents per head for all beef cattle inspected and recorded under the provisions of this act, and ten cents per mile for each mile traveled, on the most direct route, to and from the place where such cattle may be concentrated for inspection and record. (a) SEC. 4. It shall be the duty of any person or persons intendcattle about to ing to drive or ship any cattle from any county in this State to notify any Inspector in the county of the time and place where such cattle will be concentrated and ready for inspection and record, and the Inspector shall go without delay and inspect and record the marks and brands of all cattle prepared for inspection and record, and within thirty days from the date of inspection and record the Inspector shall file a certified copy of such inspection and record in the clerk's office, and such record shall be evidence in all cases in court relative to such record. (a) Proceedings ers. SEC. 5. It shall be the duty of any Inspector, upon reliable against offend information that any person or persons are driving or shipping any cattle contrary to the provisons of this law, to make complaint to any Judge of any court or Justice of the Peace, whose duty it shall be to issue his warrant to any sheriff or constable to arrest the person or persons driving or attempting to drive such cattle, and retain them in custody till the law is complied with; and in addition to the charges already provided for in section three, the driver or shipper shall pay all costs pertaining to the case before such cattle shall be released: Provided, That in no case shall any extra cost be collected from such parties if it is shown by them that such cattle have been legally inspected. (b) Extra costs. (a) Secs. 1, 2, 3 and 4, Chap. 3023, Act of Feb. 27. 18. (b) Sec. 5, Chap. 3023, Act of February 27. 1877. Record on brands. SEC. 6. It shall be the duty of any person or persons who. may purchase or otherwise obtain any cattle of whatsoever change of class, and shall alter or change the marks or brands of the marks and same, shall, before changing the marks or brands, record the same, and shall also place on record the marks and brands into which they have been changed, and forward to the clerk's office (of the county) a copy of each, certifying to the correctness of the same, and shall have it recorded in the said clerk's office. (b) brands on range. SEC. 7. It shall be the duty of all persons driving any stock Record of cattle from one county to any other county in this State for marks and the purpose of changing their range, to have the marks and change of brands of such cattle recorded as is provided for in section two, and shall pay the cost of the same, not to exceed one cent per head and ten cents per mile traveled by the Inspector recording such marks and brands. The Inspector shall not be required to have the marks and brands of stock cattle recorded in the clerk's office, but recorded in the Cattle Inspector's book, under the head of "Stock Cattle." (b) Stock cattle. SEC. 8. It shall be the duty of any person or persons calling Assistance to upon an Inspector to inspect and record cattle to furnish all inspector. necessary assistance for the Inspector to be enabled to do his duty and record such cattle correctly. (b) record on sales county. SEC. 9. It shall be the duty of any person or persons who Inspection and shall drive any beef cattle from any county in this State into of cattle driven any other county, and shall sell the same, before delivering from another such cattle, to notify some Cattle Inspector of the time and place where such delivery is to be made, whose duty it shall be to obtain from the driver the certified copy of their marks and brands, taken in the county from which such cattle have been driven, and to proceed immediately and re-inspect such cattle and record their marks and brands, and to compare the two records, and, if any discrepancy shall appear, such discrepancy shall be forwarded to the Inspector first taking the record of such cattle, whose duty it shall be to note such discrepancy in his cattle book, and the Inspector who shall re-inspect such cattle shall be authorized to charge and collect from the seller the same fee as prescribed in section three. (c) SEC. 10. It shall be the duty of all Inspectors of Marks and Records public. Brands and clerks of courts having records of marks and brands of cattle in their possession, to submit the same to in spection to any person desiring to see them. (c) SEC. 11. Any person or persons who shall drive or cause to be driven any beef cattle from any county in this State without first complying with the provisions of section 4, shall be deemed guilty of a misdemeanor, and upon conviction thereof. be fined not less than one hundred dollars, with cost of suit; and any person or persons who shall drive or cause to be (3) Secs. 6, 7 and 8. Chap. 3023, Act of Feb. 27, 1877. (c) Secs. 9 and 10, Chap. 3023, Act of Feb. 27, 1877. Penalty. Penalty. Penalty. Non-resident may drive his cattle in only for sale. Estrays belong ing to non-residents. Fictitious sales of cattle. driven any cattle from one county to any other county in this State and sell the same without having them re-inspected, as set forth in section nine, shall be deemed guilty of a misdemeanor, and, upon conviction of the same, shall be fined one hundred dollars, with cost of suit; and any person who shall drive any stock cattle from any county in this State and shall fail to comply with the law set forth in section seven, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be fined one hundred dollars. (c) SEC. 12. Any Cattle Inspector who shall wilfully or negligently fail to discharge his duty as Cattle Inspector of any county in this State, shall be deemed guilty of a misdemeanor, and upon conviction of the same, shall be fined one hundred dollars, with cost of suit. (c) SEC. 13. Any person or persons who shall purchase any cattle of whatsoever class, and shall change the marks or brands of the same without first complying with the provisions of section six of this chapter, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined fifty dollars, with cost of suit. (c) SEC. 14. It shall not be lawful for any stock owner or cattle owner not residing within the limits of Florida to drive his stock or cattle upon the lands within the territorial limits of the same for any other purpose than that of making sale of the same; and if any such stock or cattle owner shall so drive, or cause to be driven, any stock or cattle upon lands within the limits of said State for grazing, or shall permit any cattle which have strayed off and passed the limits of Florida for more than one month, to remain within the said State, the stock or cattle so driven or remaining within the same shall be forfeited and subject to sale, upon proof being thereof made before a Justice of the Peace or County Judge; one-half of the proceeds of such sale shall be for the benefit of the informer, and the other half to the State of Florida. (d) SEC. 15. Before strayed cattle, belonging to non-residents of this State, and being within the limits of this State, shall be subject to forfeiture and sale according to the provisions of section fourteen, the person or persons to whom they belong shall have at least thirty days' previous notice of the cattle being within the limits of this State, and of the intended sale thereof unless they are removed, which notice may be made by personal service thereof upon the owner or his known agent, or by posting the same at three or more public places nearest the residence of said owner or agent, or by publication in any newspaper printed in that part of the country in which said cattle are found. (e) SEC. 16. If any person or persons shall, with intent to avoid the foregoing provisions of sections 14 and 15, make any col (c) Secs. 11. 12 and 13, Chap. 3023, Act of Feb. 27, 1877. (d) Sec. 1, Act of Feb. 10, 1835. |