The Key West Citizen Newspaper, September 7, 1939, Page 10

herein referred to and distfibute the wame at nolesale to licensed distrib- licensed vendors and to no within this state, provided aged in the business of rectifying and/or blending liquors licensed under sec- a” and “e” of 4 distribute such ale only to other to licensed dis- within in h are hereby repe: act shall take effect upon its becoming a without the gover- CHAPTER 19501 relating to premium taxes persons, firms. associations or $ doing an insurance busi- of over-payment Be It Enacted by the State of F ri Jl taxes on prem- holders received by associations, or cor- ed to transact an ess on risks to pers. operty in the state of Flor? requir y to be paid shall, unless by ed upon omitting nee’ accepted, premium and cancel- hout deductions for to other com- shall be made scribed by the shail be sworn of the executive or associa- treasurer or and more ions of this act premiums written subsequent to December 19338 he event ida D the state of comptroller is authorized in refund of such from the fund which nd such amounts as for this purpose ppropriated from such laws or parts of law, conflict herewith are d or repealed ny part or clause of be declared unconsti- | or inoperative, this shall not other part or clause in 6. The 2 becoming act cR repe 1921 19488 chapter 8590, entitled n and non-resi- shrimp for commercial purposes water of the Atlantic coast jurisdiction of the State of t and to prescribe penaltie violating or aiding in the viola evasion of such restrictions, 1854 to 1859 inclusive, sections 8067 to 8067 inclusive, piled general laws of 1927. Be It Enacted by eigslature of the state of Florid: Sec. 1. That Chapter 8590, laws of Florida, 1921, entitled n act to restrict aliens and non-residents in taking or catching shrimp or prawn fe ercial purposes in the wa- Atlantic Coast within the of the state of Florida, pe for viola ing in the violation or ev rictions," being se 1854 to 1859 inclusive and sec- wns 8067 to 8069 inclusive compiled al laws of 1927, be and the same eby repealed e a law without the gover- approval. ide strict ng Oo! ion of suc ti t oR 19479 ing the state mo- uissioner, the state ind railroad com- mi of the state of Florida to consummate reciprocal agreements with the proper authorities of other relative to the operation of vehicles by non-residents over ways of this state; provid- certain conditions to be in- such agreements and c duties to be performed; and ing for Approval by the go’ and repudiation by the legis state of Flori CHAP AN ACT author tor vehicle com road department motor vehicle ate of Florida, artment of the of Florida, and the railroad commission of the state of Florida eby authorized to negotiate to consummate with the proper of the several states of ciprocal agree- residents of suc’ ting motor vehic d and registered in respective states, may have privileges and exemptions in operation of their said motor ve- { this state, as residents of » may have and enjoy in the n of motor vehicles duly li- and registered in this state provided, noth- rued to re- notor vehicle owner or op- lying with and abid- r applicable law ions relating to saf ion of motor vehicles and ion of the highways of In the making of such greements, the said mo- commissioner. the said t and said rail- have due r and conveni- owners and the ates oper perly licens vehicle Any and all such recip- acreements consummated by motor vehicle comimissioner, the state road department and the ad commission shall not bec approved by the go state of Florida; pro- uch reciprocal agreements r vehicle commissioner, State road department and said ission are made sub- ation at any time by re of the state of Florida. i however that nothing here- ined shall apply to rates, tions now or hereafter to common or contract by motor transportation over ‘the highways of the rida The said motor vehicle er. the state road depart- railroad commission er publicity to the ¥ such reciprocal red into by them, or ‘ws and parts of laws ewith are hereby re- s act shall take effect ly upon becoming a law. a law without the gov- approval CHAPTER 19487 CT allowing any merchant in state of Florida to require of person making application for financial statement showing punt of property owned or the of salary earned by such ap- making it a misdemeanor any person to obtain credit by false statement; and providing tes for the violation of this Be It Enacted by the Legislature of the state of Florida: ©. 1. That any merchant in the state of Florida, before extending credit to any person applying for the same, may require such applicant to furnish a statement in writing showing the property owned and/or the salary being earned by said ap- plicant, and if said statement, or any part thereof, is false, provided the same be made wilfully, and signed by applicant in presence of two wit- nesses, and any person obtains credit from any merchant by reason of the merchant relying on and being de- ceived by said false statement, or any part thereof, then said person so obtaining credit or goods shall be deemed guilty of obtaining money or goods under false pretences and shall, upon conviction, be punished by imprisonment in the county jail not eding six months or by fine not seding $500 or by both such fine and imprisonment. Sec. 2. All laws and narts of laws in conflict herewith are hereby re- pealed. Sec. 3. This act shall take effect immediately upon it becoming a law. me a law without the gover- approval. CHAPTER 19474 AN ACT to amend section 24 of chapter 17176 acts of 1935 as amended by chapter 18070 acts of 1937, which law is known as ‘‘The Public Works 35,” by limiting the terms act and the power to borrow money or @eliver bonds pursuant to the provision of this law until De- cember 21, 1941. Be It Enacted by the Legislature of the State of Florida: Sec. 1. That section 24 of Chap- ter 1 acts of 1935 as amended by chapter 18070, acts of 1937, which law is known as ‘‘The Public Works Act of 1 is amended to read as follows “Except in pursuance of any con- tract or agreement theretofore enter- ed into by and between any muni pality and any federal agency, no municipality shall borrow any money or deliver any bonds pursuant to the provisions of this law after Decem- ber 31, 1041.” ec. 2. This act shall take effect upon its becoming a law. Became a law without the gover- nor’s approval. CHAPTER 19450 AN ACT to Repeal Chapter 17896, laws of Florida, acts of 1937, entitled “An act regulating the sale of cold storage eggs in the state of Floriga; defining cold storage eggs; providing for tax on sale of cold storage eggs: providing for collection of such tax by comptroller of the state of Florida; appropriating expense for such collection; authorizing the com- ptroller to make rules and regulations for collection of such tax; providing penalty for failure to pay such tax; providing for and making it the duty of all persons, firms, corporations or associations to notify the comptrol- ler if they are engaged in or desire to engage in the sale of cold storage eggs. Be It Enacted by the Legislature of the State of Florida: Sec. 1. That chapter 17896, laws of Florida. acts of 1937, being entitled n act regulating the sale of cold storage eggs in the stote of Florida; defining cold storage eggs: provid- ing for tax on sale of cold storage eggs; providing for collecttion of such tax by comptroller of the state of Florida; appropriating expense for collections; authorizing the comptrol- ler to makes rules and regulations for collection of such taxes; provid- ing pnealty for failure to pay such tax; providing for and making it the duty of all persons, firms, corpo- rations or associations to notify the comptroller if they are engaged in or desire to engage in the sale of cold storage eggs,"’ be and the same is hereby repealed. Sec. 2. This act shall take effect domedletely, upon its becoming a aw Became a law without the gover- nor's approval, 135 AN ACT amending sections 1, 3. and 10 of Chapter 13620, laws of Florida, acts of 1929, providing for the duties and qualifications of the Florida crippled children’s com- mission, the rights and duties of its executive secretary, and defining a crippled child. Be It Enacted by the Legislature of the State of Florida: ec. 1. That section 1 of Chapter . Laws of Florida, Acts of 1929. be and the same is hereby amended to read as follows: “Section 1. A ‘crippled child’ is de- fined as any person of normal men- tality under the age of twenty-one years whose physical functions or movements are impaired by accident, Sec. 2. That sectfon 2 of chapter disease ‘or congenial deformity." 13 . laws of Florida, acts of 1920, be and the same is hereby amended to read as follows: “Sec. 2. There is hereby created Florida crippled children’s com- ion which shall consist of . five citizens of the state of Florida who shall be appointed by the governor and who shall maintain a central office at the capitol of the state, and whose terms of office shall be for ; four years and until their successors are appointed and qualified, except that of the first commission appointed under this act, two members shall be appointed for the term of two years and three members thereof shall be appointed for the term of four years and thereafter every such appointment shall be for the term of four years, except in cases of an appointment to fill a vacancy in which case the ap- pointment shall be for the unexpired term. The governor shall have the power to remove any member of such commission for cause and shall fill all vacancies which at any time occure therein.” Sec. 3. That section 3 of Chapter 13620, laws of Florida, acts of 1929, be and the same is hereby amended to read as follow: “Sec. 3. The governor shall select and appoint to the Florida Crippled Children's commission, five citizens Florida. provided that not more than one appointee shall be selected from any 1 congressional district and that such appointee shall be able and willing to devote the time and ener- gies necessary to the meetings and any other work necessary to be done by said commission, and further such appointee shall not be a holder of any elective office, nor shall he be a stockholder of any institution ben- efiting from the activities of the commission excepting. however, if such member is a stockholder in ‘any institution that created and operated for non profit then this inhibition as to the members qualification shall not apply. “If any member of the commis- sion during his tenure of office on such commission shall become a candidate for any public office it shall be such person’s duty to re- hign from the said commission and if such person fails to resign from said commission jt shall be the duty of the governor to remove such per- son. “No member of this commission shall hold any other elective office during his or her tenure of office of office on said Florida crippled children’s commission. “Tt shall be the duty of said com- mission immediately after appoint- — to — at pach place with- in the state as may agreed upon by the members and organize by se- lecting one of their members as chairman. The chairman shall be elected for a term of one year, how- ever, he may succeed himself. The members of said commission shall be paid only their actual expenses while in the performance of their duties, the accounts of which shall be paid monthly by the state treasurer upon itemized vouchers July ved by the chairman of said cot and the comptroller, as is herein provid- oe an for the disbursement of ‘unds. —Naanannemwqamamama=a®anauquququququQQmqq0LS,e——eee ee ——E————E—EEEEE—ee Sec. 4. That section 10 of chapter Taxation.—The following property 13620, laws of Florida, acts of 1929, shall be exempt from taxation: be and the same is hereby amended _First.—All property, real and per- to read as follows: sonal, of the United States and of “Sec. 10. The Florida Crippled this state. 3 Children’s Commission shall be a Second.—All public pr Y body corporate and shall have a cor- several counties, cities, villages, Porate seal to be selected by it at towns and school districts in this its first meeting. Said commis- state, used or intended for public sion shall employ an executive secre- purposes, including both real and tary, subject to the approval of the personal property of all fire, hose and governor, who shall have a proper hook and ladder companies, except knowledge of community organiza- lands sold for taxes for the use of tion work and an understanding of any counties, cities, villages, towns the fundamental principles of pub- or school districts. ; lic health and social work and who _ Third.—Such property of education, shall have had at least one year’s literary, benevolent fraternal, char- actual experience or training in an itable and scientific institutions with- accredited public health or social in this state as shall be actually oc- work organization. and shall not be cupied and used by them for the a paid director, associate or employee purpose for which they have been of any facility rendering any service or may be organized, provided not under said commission.’ Said com- more than 75 percent of the floor mission shall have the power to re- space of said building or property move the executive secretary at will, is rented and the rents, issues and and shall™have the right to employ profits of said property are used for all necessary clerks, servants and the educational literary, benevolent, employees not otherwise provided fraternal or charitable’ purposes of herein; shall have the right to formu- said institution. And it is hereby late and adopt general policies and declared that this amendment is adopt an annual budget and plan; made to clarify and make definite shall mee. at regular intervals to re- and certain said section, and that view and approve the acts and ex- it was and is the intent of said penditures of the executive secre- section to exempt the property de- tary on its behalf, such time and in- scribed in this section as amended tervals to be agreed upon by the from all taxation in the state of commission. Emergency meetings of Florida. E the commission shall be called by the _Fourth.—All houses of public wor- chairman when necessary and ad- ship and the lots on which they are visable. In case of the disability, situated, and all pews or steps and failure or refusal of the chairman furniture therein, every parsonage to call an emergency, such meeting and all burying grounds not owned may be called by a majority of the or held by individuals or corpora- commission and the notice of the tions for speculative purposes, tombs time and place of such meeting and right of burial; but any building signed by a majorit~- of the members being a house of worship which shail shall be attached to and made a part be rented or hired for any other pur- of the permanent minutes of such pose except for schools or places emergency meeting. The executive of worship, shall be taxed the same secretary appointed by the commis- @8 any other property. sion shall have the following powers Fifth.—All public libraries and real and dut! (a) To direct activities of and personal property belonging to the personnel under the commission. and connected with the same, con- (b) To approve all applications for sisting of the library itself and all admission to hospital or convales- real and personal proprety held for cent homes except in cases of emer- the actual use and occupation of gency. (c) Subject to authorization such library only. and not for rent, of the commission, to approve or profit or speculation. disapprove all bills of expenditures Sixtr.—All property, real and per- and send to the comptroller, monthly sonal, held and belonging to any ag- for payment. (d) To maintain his of- ricultural society in this State, and fice at the Centra} office. (e) To used exclusively for the meetings or maintain, keep and preserve such exhibits of such societv. which now records and files in the central office is or may hereafter be lawfully or- as the commission shall direct. (f) ganized in pursuance of law. Upon authorization of the Commis- . Seventh.—Property to the value of sion to enter into contracts with hos- $500 to every widow that has a fam- pitals, operating centers, convales- ily dependent on her for support, cent homes, brace manufacturers and to every person who is a bona and other manufacturers or supply fide resident of the state, and has houses. lost a limb or been disabled in war “Said Commission shall have the or by misfortune. a power to contract or be contracted | Sec. 2. All laws or parts in conflict with. to sue and be sued, to plead herewith are hereby repealed, and be impleaded in all courts of _ Sec. 3. This act shall take effect law and equity, to receive donations immediately and bequests. Said commission shail law. ; have and possess all the powers Became a law without the gover- of a body corporate for all purposes Nor's approval. created by or that may exist under the provisions of this chapter or any CHAPTER 19374 law or laws, amendatory thereof, and AN ACT appropriating all unex- those sections of Chanter 13620, which pended funds of the annual approp remain _unamended.” ation provided for in section 23, Sec. 5. All laws or vart of laws chapter 18285, laws of Florida, acts in conflict herewith are hereby re- Of 1937, at the end of the fiscal’ year, vealed. June 30, 1939 to the state welfare Sec. 6. This act shall take effect board. upon its becoming a law. Be It Enacted by the Legislature of Became a law without the gover- the State of Florida: nor's approval. Sec. 1. All unexpended funds of the annual appropriation provided for CHAPTER 19401 in section 23, chapter 18285, laws of “AN ACT to authorize and permit Florida, acts of 1937 at’ the end any owner and holder of a group sep- Of the fiscal year, June 30, 1939, is arate mortgages covering separate hereby appropriated to and shall be- lots in any one subdivision to fore- come a part of the state welfare close in one suit any one or more fund to be used in administering old of such mortgages and obtain serv- age assistance, aid to the needy ice by publication therein, where blind, aid to dependent children and such mortgages are or were executed administrative costs in performing by various purchasers of said lots the duties of the state welfare board and where such mortgages are in under chapter 18285, general laws default for five years or more.” of Florida 1937, and any amendatory Be It Enacted by the Legislature of acts thereof. the State of Fiorida: Sec. 2. All laws or parts of laws Sec. 1. That owner or holder of sep- in conflict herewith shall be re- arate real estate mortgages or liens pealed. , covering separate properties and evi- , Sec. 3. This act shall take effect denced by one or more separate in- immediately upon passage and ap- struments, is hereby authorized and Proval by the governor or upon its permitted to foreclose any one or becoming a law without such approv- more of such mortgages or liens in 4. one suit, provided the court shall Became a law without the gover- have the discretion to grant a sever- nor’s approval. ance as to any particular mortgage er lien on a showing in the cause by any defendant that prejudice may 4 result to such defendant by reason coun of being included in such suit. property of the upon its becoming a CHAPTER 19583 ¢ ACT authorizing the board of ‘ty commissioners in any county r x which has adopted zoning under the Sec. 2. That service by publication provisions of chanter 1833, acts of may be had against any one or more 1937. to fix fees to be charged for or all defendants in said suit in one issuing building and other permits, order of publication where such de- Be It Enacted by the Legislature of fendant or defendants could be so the State of Florida: served in an individual foreclose pro- Sec. 1. The board of county com- ceeding. missioners in any county in the state Sec. 3. That all laws and parts of Florida which has adopted zon- of laws in conflict herewith are here- ing under the provisions of chapter by repealed. _ 1788, laws of Soa are hereby author- , Sec. 4. This act shall take effect ized to fix by resolution the fees immediately upon approval by the to be charged for issuing building and governor or upon its becoming a law other permits required under the without such approval. zoning regulations of any such coun- Became a law without the gover- ty; provided, however, such fees nor’s approval. shall not exceed the following am- ounts, viz: CHAPTER 19437 For the first one thousand dollars AN ACT forbidding the sale of in- or fraction thereof of estimated cost toxicating liquors, other than malt the sum of three dollars and fifty beverages of legal alcoholic content, cents. jie by the drink, except within the For each additional thousand dol- building which’ is the address of the lars or fraction thereof of estimated person or corporation holding license cost in excess of one thousand dol- to sell such intoxicatine liquors, and lars up to five thousand dollars, the forbidding the practice known as curb sum of two dollars and fifty cents. or drive-in service with respect to | For each additional thousand dol- such intoxicating liquors; forbidding, lars or fraction thereof of estimated the consumption thereof at curb or cost in excess of five thousand dol- drive-in stands, except within the lars up to one hundred thousand dol- building which is the address of the lars the sum of fifty cents. person, firm, or corporation holding _ Sec. 2. This act shall take effect a license for the sale of such intox- immediately upon its becoming a icating liquor and providing penalties law. — « r for the violation thereof. Became a law without the gover- ey Enacted by co Legislature of or’s approval. State of FI 2 ~c from, CHAPTER 19570 Sec. 1. That from and after the passage of this act it shall be un- AN ACT regulating the distribu- lawful for any person, firm or corpo- tion and sale of domestic malt or ration to sell or serve, by the drink, brewed beverages as defined in chap- any intoxicating liquor, other than ter 16774, laws of Florida, acts of malt beverages of legal alcoholic 1935, entitled ‘‘an act regulating and content except within the building taxing the manufacture, distribution which is the address of the person, and sale of beverages containing firm, or corporation holding a license more .than one per centum of alco- for the sale of such intoxicating liq- hol, creating and providing penal- uor. It is intended hereby to for- ties for the violation of this act, bid the practice of curb or drive-in and repealing existing laws concern: service in connection with such in- ing said beverages,” providing for toxicating liquors when sold by the a minimum cash deposit on each drink; provided, however, that noth- case of twenty-four bottles of such ing in this act contained shall be con- beverage, and providing for the en- strued to prevent the regular delivery forcement of said penalties for the by licensed dealers of sealed, stamp- violation of this act. ed containers containine such intox- Be It Enacted by the Legislature of icating liquors. the State of Florida: Sec. 2. From an‘ after the pass- Sec. 1. That all licensed whole- age of this act it shall be unlawful salers and distributors of domestic for any person to consume any in- malt or brewed beverages as defined toxicating liquor except malt bever- in chapter 16774, laws of Florida, acts ages of ‘legal alcoholic content at of 19%, ‘must require. a. mininiar curb or drive-in stands except within cash deposit of fifty cents on the the building which is the address of sale of each case of twenty-four bot- the person, firm or corporation hold- tles of any domestic malt or brewed ing a license for the sale of such beverage herein referred to from intoxicating liquors. their vendors, and all vendors there- Sec. 3. Any person who shall be of must make a minimum cash de- convicted of a violation of this act posit of fifty cents on the purchase shall be guilty of a misdemeanor of each case of twenty-four bottles and shall be punished as such, and of any domestic malt or brewed bev- the license of any person convicted erage herein referred to, and must of any illegal sale hereunder shall require a minimum cash deposit of be subject to revocation therefor. fifty cents on the sale of each case net: #,_All laws and parts of laws of twenty-four bottles of any domes- in conflict herewith are hereby re- tic malt or brewed beverage hersin pealed. - referred to from their purchasers, Became a law without the gover- Sec. 2. The directors and super- nor’s approval, visors of the beverage department created under chapter 16774, laws of CHAPTER 19376 Florida, acts of 1965, and any amend- AN_ACT to amend section 697 of ment thereto, yore ape Lach the Revised General Statutes of visions of this act and are hereby Florida 1920, (Section 897, C. G. L.) vested with the same rights and au- as amended by chapter 18512, acts of thority to enforce this said act as are 1987, relating to the Exemption of provided for in said chapter 16774, property from taxation, and matters laws of Florida, acts of , and any in relation thereto. amendment thereto. Be It Enacted by the Legislature of Sec. 3. The violation of any of the State of Florida: ‘the provisions of this act shall con- Sec. 1. That section 697, revised stitute a violation of ter 16774, general statutes of Florida, adopted laws of Florida, acts of and any in the year 1920, the same being sec- amendment thereto, and shall be tion 897 of the compiled general laws punishable in the same manner as of 1927, as amended by chapter 18512, provided in said act, and any amend acts of 1937, is hereby amended to ment thereto. fread as follo Sec. 4. None of the visions of Sec. 697. Property Exempt from chapter 16774. laws of acts of 1935, or any amendment thereto, is hereby repealed, but this law shall be supplemental to and cumulative to the provisions of said act. Sec. 5. This act shall take effect immediately upon its becoming a law. Became a law without the gover- nor’s approval. CHAPTER 19553 AN ACT to provide tor the pur- chase, distribution and administra- tion of insulin in the state of Florida by the state Board of health; making the appropriation therefor and creat- ing a fund to be known as the insulin fund, and providing for a penalty for making fraudulent application for same. Be It Enacted by the Legislature of the State of Florida: Sec. 1, The State Board of Health of the State of Florida is hereby au- thorized and required to purchase at the lowest and best bid insulin from a reliable manufacturer pro- ducing a high quality product. Sec. 2. The State Board Health of the state of Florida shall distribute said insulin through employees of said board and any recognized and approved agents of the state of Flor- ida in any county or municipality of said state or the federal government to any person who is a bona fide resident of the state of Florida; and who is suffffering from diabetes or kindred diseases which require the use of insulin in the treatment there- of and who can furnish satisfactory proof of his or her financial inability to purchase the same, upon making application therefor upon blanks to be furnished by said state board of health under such reasonable rules and regulations as shall be promul- gated by said state board of health governing and controlling the dis- tribution of said insulin. Sec. 3. The sum of $10,000 is here- by appropriated annually out of any funds in the state treasury for the purchase and distribution of insulin. Sec. 4. Any person who shall make fraudulent application for and obtain insulin under conditions contrary to the intent and purpose of this bill shall be guilty of a misdemeanor and subject to punishment therefor as now provided by law. Sec. 5. All laws and ~arts of laws in conflict with this act are hereby repealed. Sec. 6. This act shall take effect upon becoming a law. Became a law without the gover- nor’s approval. CHAPTER 19566 AN ACT to amend section 11 of io 10123, laws of Florida, acts f 1925 being sections 1871 and_ 1874 of the compiled general laws of Flor- ida of 1927. relatin~ to salt water fishing in the state of Florida. Be It Enacted by the Legislature of the State of Florida Sec. 1. That section 11 of chapter 10123, laws of Florida, acts of 1925 being section 1871 of the compiled general laws of 1927, be and the same is hereby amended to read as fol- lows: Section 1871. For the purpose of this law the St. John River, in- cluding Doctor's Lake, as far south as Volusia Bar, and that part of Crescent Lake lying in Putnam coun- ty, shall be and are consdiered salt waters, and: fish may be taken and used by the citizer- of this state, and persons not citizens thereof sub- ject to restrictions and reservations hereinafter imposed by this law or otherwise. No -wing of any seine of greater length than 1,000 yards shall be fished in the waters of St. Johns River, including Doctor’s Lake, as Yar south as Volusia Bar, and that part of Crescent Lake lying in Put- nam county. No square net, trap or set device shall be fished with less than three inch stretched mesh ex- cept that nets of smaller mesh may be used on grounds designated by the supervisor of conservation for catch- ing herrring. No haul or drag seine of more than fifty-five meshes deep. shall be fished in the St. Johns riv- er, including Doctor's Lake, as far south as Volusia Bar, and that part of crescent Lake lyine in Putnam county, provided that shad or herring nets may be of any devth on desig- nated haul grounds. It shall be un- lawful for any person, persons, firms or corporation to have in his or their possession fish or caused to be fished ‘in St. John’s River including Doc- tor’s Lake, as far south as Volusia Bar, and that part of Crecent Lake lying in Putnam County, any seine, or any other kind of fish net or traps, except gill nets for mullet fishing, for the purpose of catching any fish ex- cept mullet, or a les: size than a stretched mesh of three and seven- eights inches, except the footing cir- cle of such seines may be three and three-quarter inches stretched mesh and bag three and one-half inches stretche® mesh after being tarred and shrunk, and such footing circle shall be of a length of not more than 100 yards; provided, however, that nets of a less size may be fish for herring shad and other fish on established herring hauls, which are designated by the Supervisor of Conservation, and gill and trammel nets for mullet fishing, said gill and trammel nets to be no less than three inches stretched measure. The possession of any fish net, or fish trap of a less mesh than prescribed therein, shall be prima facie evidence that the seine or net, or trap is being used contrary to law. Each seine or net as prescribed in this Act shall be h a single bag only, and no other seine or net shall be used to back up such seines, or shall it be surrounded in any manner by any other net or device, for the purpose of catching any of the fish that may have passed through or under the first seine. Sec. 2. That section 11 of chap- ter_ 10123, laws of Florida, acts. of 1925, being section 1874 of the com- piled general laws of Florida 1927, be and the same is hereby amended to read as follows: Section 1874. It shall be unlawful for any person, association of persons, firm or cor- poration to catch any fish except mullet from the waters of the St. Johns River south of the shores and waters of Clay county to Volusia Bar and that part of Crescent Lake lying in Putnam County, with any seine, net, trap, or other fishing de- vice except hook and line, or rod and reel, or gill or trammel net for mullet fishing between the 15th day of April and the ist day of Septem- ber of each year. Nothing in this section shall be construed to affect, modify or repeal an act (house bili 180) prohibiting the sale of black bass. passed at the 1935 session of the Florida Legislature. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. Sec. 4. This act shall become a law upon its passage and approval by the governor or by its becoming a Jaw without such approval. Became a law without the gover- nor’s approval. CHAPTER 19552 AN ACT to amend section 186 of the probate act, chapter 16,103, laws of Florida, Acts of 1933, by provid- ing also for limitation a: st es- tates of non-resident di terms and conditions. . 1. That Section 186 of the probate act, chapter 16,103, laws of Florida, acts of 1933, be amended to read as follows: Sec. 186. Limitation Against Un- Sears from. the death of any per- ears leath of any per- zon. his estate shall not be liable for any obligation or upon any cause of action unless letters testamentary or of administration shall have been taken out within said beep Ace provided, however, that the of any duly recorded mortgage and the lien of any perscn in possession of or affected by the limitation imposed hereby, but the same shall bar the right to enforce any personal liabil- of against the estate of the deced- ent. Provided further, that in case of the death of a non-resident of thi state, leavi i ty judge, of the —*. where any of such property may be situate, a duly certified copy of so much of the record of the domiciliary proceedings as will show (1) the probated will of such decedent. all probated codicils, the order admitting same to prob- ate,.and the letters testamentary, if there be any of the foregoing,’ or (2) the letters of administration, if there be any, or the order for ad- ministration, (3) the final discharge of such domiciliary personal rep- resentative, if any there be and (4) such portion of the record of the domiciliary administration as shall show the names of the heirs or de- visees of the decedent, or the affi- davit of said personal. representa- tive reciting that such facts are not shown by the domiciliary probate record and specifying the names of such heirs or devisees. Whereupon said representative shall cause a no- tice to be published, once a week for four consecutive weeks, four pub- lications being sufficient, in a new: paper published in said county, noti- fying all persons having claims or demands against the estate ef such decedent to file same in the office of said County Judge within eight cal- endar months from the time of the first publication of such notice. Claims shall be filed in the form and manner prescribed by the pro- bate act in cases of administrations in this state. If any claim be filed, the county judge shall, upon the ap- plication of any person interested in the estate, appoint an administra- tor in accordance with the probate act. If no claim be filed within said eights months period, then the prop- erty of said decedent in this state shall not be liable for any obligation of the decedent or upon any cause of action against the decedent other than duly recorded mortgages and liens, and claims of persons in pos- session of the decedent's property as pledge, lienor or purchaser. Sec. 2. This act shall become and be effective immediately upon its passage and approval by the gover- nor or upon its becoming a law without such approval. Became a law without the gover- nor’s approval. CHAPTER 19549 AN ACT to amend sections 1559 and 1560, of the revised general Sta- tutes of Florida of 1920, the same being sections 2404 and 2405 of the compiled general laws of Florida, 1927. as amended by Chapter 14691, laws of Florida, acts of 1931, relat- ing to county depositories and coun- ty finances, providing that banks may be county depositories and how the same may qualify as such, pro- viding for interest on deposits. Be It Enacted by the Legislature of the State of Florida: Sec. 1. That section 1559, of the revised general statutes of Florida of 1920, the same being section 2404 of the compiled general laws of Florida, 1927, as amended by Section 1 of chapter 14691, laws of Florida, acts of 1931, be, and the same is peer amended so as to read as fol- lows : “2404 (1559). Any bank, national or state, authorized to do business in this state which will. as to the var- ious funds hereinafter referred to, offer satisfactory inducement as to security; and which will furnish, at its own expense, a surety bond is- sued by some surety company duly authorized to do business in this state, or make satisfactory deposit to the credit of the county of suffi- cient United States bonds, bonds the payment of Peon oT game and i terest is_guarante by the United States, Federal certificates of in- debtedness , state, county or muni- cipal bonds, for the safekeeping and prompt payment of such funds, is hereby created and designated a county dey ory for the funds for which such security shall be furnish- ed and shall be authorized and en- titled to receive such public funds in the manner and method herein- after provided. The funds herein- above referred to shall include county general revenue funds, coun. ty fine and forfeiture funds, county road funds, and each and every oth- er separate and distinct county fund, respectively; and shall also include the general or common county school fund and special tax school district funds, the enumeration of said funds being herein made not by way. of limitation, but of illustration, and it being the intent hereof that all funds of such county or of any district or ae thereof, shall be inclu- Sec. 2. That section 1560 of the Revised General Statutes of Florida of 1920, the same being section 2405 of the compiled general laws of Florida, 1927, as amended by sec- tion 2, chapter 14691, laws of Florida, acts of 1931, be, and the same is hereby amended so as to read as follows: “2405 (1560.) Any bank as describ- ed in the foregoing section desiring to become a county depository as herein provided shall file with the board of county commissioners or board of public instruction or both such boards, dependent upon the character of the funds to be deposit- ed, a surety bond issued by some suretv company authorized to do business in this state, or make sat- isfactory deposit to the credit of the county or such board of United States bonds, borids the payment of whose principal and interest is guai anteed by the United States, Fed- eral certificates of indebtedness, state, county or municipal bonds, in amount to be determined by each of the said boards rsepectively and to be approved both as to amount and validity by the comptroller of the state, and conditioned that said banks insure the safe keeping, prop- er accounting for an payment over to the proper authority of all money that may come into its possession by virtue of its acting as said de- Pository, and further conditioned that it will in all respects duly and faith- fully perform the duties imposed up- on it by reason of acting as such depository. Where a bank or banks in the county offer satisfactory in- ducement as to security, it shall be the duty of the board of county commissioners or board of public in- struction to designate such bank or banks, and such bank or banks shall be entitled to its or their pro-rata share of such deposits; but in case no bank within the county should qualify, then the said boards are authorzied and required to divide such deposits among the banks in some other county or counties which comply with the conditions as to security provided in this chaj ; provided, however, that nothing in_ contained shall officials from cepting the insurance forded by the federal ance coverage af- dey insur- tion, which ip not recog: tary dissolution of building and loan associations: providing for action by directors and stockholders; approval of the state comptroller; legal no- tice of such action; appointment of liquidator under ‘certain circum- stances; powers of trustees; actions by and against association; service ef process on association; method for asociations heretofore dissolved under chapter 16841, laws of Florida, acts of 1935 to continue dissolution program under this act. Be It Enacted by the Legislature of the State of Florida: Sec. 1. Whenever the holders of the majority of the outstanding stock of any building and loan association organized under the laws of this state and doing business in this state, shall determine at a meeting duly called for such purpose to dis- continue business and settle the af- fairs of the association, it shall be lawful for the board of directors to file with the state comptroller a cer- tificate in writing. setting forth such determination, and containing a com- plete statement of assets and lia- bilities of the association. The com- ptroller shall be furnished with a certified copy of the resolution of the stockholders consenting to such vol- untary dissolutien. The comptroller, after determining the status of the association and the equity of the proposed plan of voluntary liquida- tion as it relates to the outstanding obligations to creditors and stock- holders, may give his consent and approval in writing to such volun- tary dissolution, and upon the ap- proval of the State Comptroller the association shall be deemed to have surrendered to the state its corpo- rate franchise, privileges and powers and shall be deemed and taken to be dissolved, except for the purpose of distributing its assets and other- wise settling its affairs, but never- theless, after the surrender of its corporate franchise, privileges and powers, such association shall be continued a body corporate for the entire period of time necessary to distribute its assets and otherwise settle its affairs and for the purpose of prosecuting and defending suits by or against it and for the purpose of holding title to all assets of said association, but for no other purposes whatsoever. Sec. 2. The action of the stock- holders as provided for in the pre- ceding paragraph may be taken at any regular or special meeting. If such action be taken at a regular meeting the meeting shall be called and held in accordance with the by- laws of the association, and if the action be taken at a special meeting of the stockholders, the meeting shall not be held until two weeks’ written notice of such meeting has been mailed by the associtaion to the last known address of each stock- holder except that special me-tings may be held and the business of such special meetings will ful in every respect if eighty per cent or more of the shares outstand- ing are represented in person, or by proxy, at the meeting and sign a written waiver of notice for the call- ing and holding of such special :neet- ing, and such written waiver shall be entered in the minutes of. the meeting. Sec. 3. When any association goes into voluntary dissolution, the board of directors shall appoint a commit- tee of three of its members ‘o act as trustees for the purpose of clos- ing out the affairs of the associatior and the trustees shall elect a chaii man and a secretary to hold oilice until their successors are named and the secretary shall certify the re. of such election to the comptrol!er, and the trustees shall furnisn the comptroller with a written statement of the Resources and Liabilities of the association properly attested by a majority of the trustees, on the second Monday in each month, or oftener upon call by the state comp- troller. until such time as the affairs of the association have been com- pletely settled and should the state comptroller not be satisfied with the report of any such association in voluntary liquidation, he shall have full authority to proceed to the appointment of a liquidator as pro- vided for by the building and loan statutes of the state. In the event any trustee shall die or otherwise become incapable of discharging the duties of a trustee under this act the two remaining trustees shall, by written resolution, appoint a suitable person as successor trustee. A certified copy of such resolution shall be transmitted to the comptrol- ler for his written approval, which shall be necessary to duly qualify such person as such successor trus- tee. The association on receiving notice from the state comptroller that it may go into voluntary disso- lution shall publish a statement once each week for eight consecutive weeks in a newspaper published in the town or county in which the association is located, and such no- tice shall set forth the fact that the association plans to voluntarily close out its affairs, and call on all creditors and stockholders to present their claims. All claims of every nature whatsoever, including claims of stockholders, must be properly sworn to and filed with the trustees within one year from the date of the first publication of such notice. Any creditor or stockhold- er may file his claim after the ex- piration of such period upon making satisfactory showing to the trustees that he received no actual notice of the liquidation of the association within said 12 month period, pro- vided, however, that any claim filed after the expiration of such period shall be entitled to share only in such assets as remain at the time the claim is filed and shall have no right, title, interest or claim to, in or upon assets previously distrib- uted. Sec. 4. The association may divest itself of title to any of its assets by the signatures of all three trustees. If all three trustees shall resolve that any asset of the association should be sold, released or com- promised for a lesser sum of money than is due upon same @ copy of such resolution shall be certified to the comptroller together with the reasons for such decision and if the comptroller, in writing, shall ap- prove such decision the trustees may thereupon sell, release or com- promise such asset in accordance with such resolution and they shall not be personally liable for such ac- tion unless they have fradulently certified untrue information to the comptroller. eae In all actions meee an association operating under jaw, it shall be sufficient to issue a sum- mons to the proper officer, command- ing him to summons the associa- tion, by its corporate name, to ap- pear and answer the action on the proper return day, which summons shall be returnable in the manner and subject to the same rules and regulations as other process. Pro- cess it such association may be served upon chairman of: the trustees. or in his absence upon any other trustee. S chalh IH; Age fatiiee that act apply to associ hereafter corporat nized by chapter 16798, laws of Flor- shall = — = an te ogee of resi county funds ani school funds under the terms of such agreements as may be entered into between the proper 1g offi- cials and the bank, the pay- ment of such interest is itted by state or federal law.” Sec. 3. All laws and part of laws in conflict herewith are hereby re- pealed. Sec. 4. This act shall take effect upon becoming a law. Became a law without the gover- nor’s approval. CHAPTER o! 3 being an act relating to the volun providing the trustees of such an as- sociation shall resolve to continue the liquidation of such association under the provisions of this act, ~ which bog ad S cory. gig reso- lution shall be published town or county in which the association is located once a week for four con- of “such “resolution, together wit ation ‘thereof, shall. be thereo! upon Seovet tite oct have bors complied this act. have been ith, “wien Soruificete shall devlare he provis- that by virtue of such compliance and the issuance of the certficate the provisions of this law have be- come effective.’ such association shall be deemed to be liquidating and dissolving hereunder and shall be entitled to and be possessea uf all the privéleges, franchises and powers set forth herein. _ Sec. 7, All laws or parts of laws in conflict with this act are hereby repeale _ Sec. This act shall take effect immediately upon its becoming a law. Became a law ernor's. approval without the gov- AN ACT to prescribe a period of limitation of twenty years for all tax certificates issued against lands in the State of Florida held by any private person or persons, or holder of holders, and allowing a period of one year from the time this act. becomes a law to such holders for the institution of action for the enforcement of such certi! cates or the obtaining of tax deed: and providing that the terms of th act shall not affect any tax cer- tificates purchased under tne pr visions of chapter 18296, acts of 1 laws of Florida, commonly known the Murphy Act Be It Enacted by the Legislature of the State of Florida: Sec. 1. A period of 20 years is hereby declared to be the life of any tax certificate issued against any lands in the state of Florida, wheth- er issued for state and county taxes or issued by a municipality for mu- nicipal taxes, and held by any pri- vate holder,’ natural orporate, partnership, trustee. of de: ceased person, or other person or persons under disability, or ovher- wise, such period of twenty years to be reckoned from the date of the issuance of such tax certificate; and hen such certificate pecomes years old, reckoned from of its issuance, the sa deemed and held to b this statute of limitation, and no action on such certificate shall be maintained by any such private hol- der in any court of this state, and no tax deed shall issue thereof; provid- ed, however, that the holder of any such tax certificate which at the time of the passage of this act is more than twenty years old, or which becomes twenty years’ old within a year from the time this act is approved or otherwise be- comes a law, shall have a_period of one year from the time this act becomes a law within which to make application for a tax deed, or to institute an action or actions for the enforcement of such certifi- cat See. The provisions of this act and the limitations herein prescribed for tax certificates shall not apply to tax certificates which have been, or may be, sold under the provis- ions of chapter 18,296, acts of 1937, laws of_ Florida. ommonly known as the Murphy Act. Sec. 3. Nothing in this act shall be so construed as to make it un- lawful for the state of Florida, and. or any municipality from selling to third persons or private purchasers tax certificates which become 20 years old after this act becomes a law, but as to all such tax certifi- cates which are so sold and which become twenty years old after this act becomes a law, and as to all tax certificates now held by the state of Florida and/or any municipality which are already twenty years old, and which may be sold, the pur- chaser or purchasers shall be limited to five years from the date of pur- chase of such certificate or certif- icates in which to apply for a tax deed, or institute other action for recovery on or enforcement of such certificate or certificates. Sec. 4. This act shall take effect upon its becoming a law. Sec. 5. All laws or parts of laws in conflict with the provisions of this act are hereby repealed. Sec. 6. If any part of this act should be held unconstitutional, such unconstitutionality shall not affect the remaining provisions of this act. Became a Jaw without the gover- nor’s approval, CHAPTER 19512 AN ACT to provide that bonds and other obligations issued by any pub- lic housing authority or’ agency in the United States, when secured by a pledge or annual contributions to be paid by the United State govern- ment. shali be security for all pub- lic deposits, and legal investments Yor the state and public officers, municipal corporations, political sub- divisions, and public bodies, all banks, bankers, trust companies, savings banks and _ institutions, building and loan associations, sav- ings and loan associations, inves ment companies and other’ persons carrying on a banking business, all insurance companies, insurance’ as- sociations, and other persons carry- ing on an insurance business and all executors, administrators, guar- dians, trustees and other fiduciaries. Be It Enacted by the Legislature of the State of Florida: . 1. Housing Bonds Legal in- vestments and security.—Notwith- standing any restrictions on invest- ments contained in any laws of this state, the state and all public offi- cers, municipal corporations, _po- litical subdivisions, and public bod- ies. all banks, bankers, trust com- panies savings banks ‘and institu- tions, building and loan associations, savings and loan associations, in: vestments, investment companies and other persons carrying on a banking business, all insurance com- panies, insurance associations and other persons carrying on an insur- ance business, and all executors, ad- ministrators, guardians trustees and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds or other obligations issued by a housing au- thority pursuant to the housing au- thorities law of this state (Chapter 17.981, laws of Florida, acts of 1937) and any amendments thereto or issued by any public housing authority or agency in the United States. when such bonds or other ob- ligations are secured by a_ pledge of annv1l contributions to be paid by the United States government or any agency thereof, and such bonds and other obligations shall be au thorized security for all deposits; it being the purpose of this act to authorize any persons, firms, corpo- rations, associations, ‘political sub- divisions, bodies and officers, pub- lic or private, to use any funds own- ed or controjled by them. including (but not limited to) sinking, insur- ance, investment, retirement, com- pensation, pension and trust’ funds, and funds held on deposit, for the purchase of any such bonds or other obligations: provided. however, that nothing contained in this act’ shall be construed as relieving any per- son. firm or corporation from any duty of exercising reasonable care electing securities. Se eee crabilt- — Mebetiie standing any other evidence or legis- lative intent. it is hereby declared to be the controlling legislative intent that if any provision of this act, or the application thereof to any per- son or circumstances, is held in- valid, the remainder of the act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected 4 Sec. 3. Act Controlline—Insofar as the provisions of this act are incon- jonah wit 2 the pro of any other law. Provisions of this Shall be controlling. — Sec. 4. Effectiy i etait yom oa Date—This act barred by 2.