The Key West Citizen Newspaper, September 7, 1939, Page 12

ye heard upon th tioner is properly exercising the au- thority delegated to it in taking the id property. The Court, after the close of make such order as proper, securing to ghts to which they If the Court finds er is entitled to pos- the property prior to final ment the Court shall enter an ler requiring the petitioner to de- in the registry of the Court such sum of money as the Court hall determine will fully fully compensate t ntitled to. com AS ul y determined final " judgm which said be less t be entitled etition tion, fixed by the ed by the Court. if the sum so fixed by the is not deposited within ten (19) afr the date of such order, a be void and of n and effect Immediately upon said deposit, title to th inte said petition 1 to be © of the petitioner ompensation fc persons the making aid lands ch | is tion shall vi nd said lands shall condemned and taken d the same entitled sé on shall certained 1 in said ling and es hed by judge und said judgment shall 4S a part of the just com- awarded, interest at six per centum pe} unt finally award property, fr r of poss vent, but pe n to the interest shall much therec en paid into court into court shall be or pound- allowe so paid h commissions pplictaion of the the Court may or- y set forth declaration account war- the mon- « of said compensation finally pect of said lands, or f shall exceed ‘the so received by said he Court shall enter t ‘the petitioner for » deficiene e time of entry of an amount of the de- We, the court shall » the power by order, to fix the within which and the terms up- which the parties in shall requried to surr ession to the petition to become ectual upon tioner depositing the sum Coi in the registry of the vurt. The Court shall have power make such ord respect of other paid forthy just compen: in said proceedin n to be fror 1 enti ent ag mount a to Whengye d that any person or per- whether holding under the de- fendent or not, are preventing or ob- structing the petitioner from enter- x upon or taking possession of the ‘operty fter the petitioner is en- titled to ay grant such ance as he may think he may proceed by s for contempt of Court. 1. ‘The declaration of taking umount of the deposit and the re- of the appraisers appointed by Court, shall not be admissible evidence in any cause and shall not be exhibited to any jury empan- elled for the purpose of assessing the Court shall not be competent tion. The appraisers appointed by the Court shlal not be competent witnes in the cause when said eau submitted to the jury for of fixing an award The petitioner upon filing ation of taking and making deposit, shall be irrevocably mitted to the payment of th imate award; provided, however, hall not prevent the petitioner n suing out a writ of error from judgment in the manner pro- i by shall son the said All costs of proceedings by the petitioner, in- eludin, able attorney's. fee for the defendant to be as: d by jury, except the cost upon the writ of error taken by a defendant, or which the ment of the Cir- cuit Court she aflirmed, In event no writ of error in thirty (30) tion of the ju days after the rendi- ment, the clerk of said court shall pay to the judgment creditor or creditors the sum nec- essary to satisfy the judgment from funds on deposit, and upon or- court shall refund to the any sum from the deposit ry for the ction of zdgment. In event no writ error is issued within thirty (30) the judgment the petition hall pay into the registry of the for the use of the parties law- entitled thereto the sum ne aid judgment. suance of a writ of iving of any therein shall > prevent or delay the vesting itle to such lands in the petition- or the r title or inter of petition and to said prop- erty. In event the jugment of the ower court is affirmed the said judg- be | satisfied m_ the yosit with the clerk or mer within thirty (30) the filing of the man- in the lower court, amd in event said judgment is not so satis- execution may be issued and ovided in Section 10. The right to take posses- title in advance of final in condemnation proceed- ings provided by this Act shall be in addition to any or authority conferred by of the State of Florida und may be conducted not be constructed as limiting or mod or authe any ¢ ity s of Florida, the bond or not oper: judgment zany § se in which any under the urse and in of condemnation advance of final nent therein and the said peti- has become irrevocably com- itted to pay the amount ultimately be awarded as compensation, then shall be lawful to expend monies iated for that purpose existing structures on erecting buildings thereon, or in im- aid land or erecting and ructing buildings, or works thereon, . authorized law to be ted by any petitioner. c. 10. The failure of any peti- er after the rendition of the judg- to pay into the court for the of the parties lawfully entitled eto the compensation ascertained jury shail not in cases where tion of taking is filed de- de, and an order procured horizing’ petitioner to take pos- on, invalidate said judgment or e title of the petitioner and such I not authorize any per- n Ia y entitled to compensation certained by the jury to molest, interfere with, enter or trespass upon said property provided, however, such may sue out execution in event it of error has not been issued thirty (30) days after the tion of said judgment and such execution may be levied upon the property so condemned and any oth- er property of the petitioner in the same manner as executions are lev- ied in common law causes. Sec. 11 All laws and parts of laws in conflict herewith be and the same are hereby repealed. the 37 y dinary Sec. 12. This Act shall take ef- fect immediately upon becoming a law. Became a law without the Gover- nor’s approval, CHAPTER 19218 AN ACT to Fix the Annual Sal- aries of the Official Court Reporters of the State of Florida. Be It Enacted by the Legislature of ) State _of Florida: . 1, That from and after the day of June 1939, the annual Officiah Court Re- of Florida shall 20th salaries of each porter of the States be, and is. hereby fixed at Twelve Hundred Dollars per annum, pay- able in twelve equal monthly instail- ments by the State Treasurer upon requisition of such Official Court Re- porter, Provided, however, that all Cir- cuits composed ‘of six counties and having two or more Circuit Judges d only one official court reporter, din which Circuit there is no Criminal Court of Record in any county, the annual salary of such official’ court reporter shall be the sum of Eighteen Hundred Dollars, payable in monthly _ ins upon requisition on’ the ler, Sec. 2. All laws and parts in conflict herewith are hereby pealed Se Comptrol. re- This Act shall take effect imm tely upon its approval by the Governor, or without such ap- proval as provided by law by the Governor, May 1929. CHAPTER ACT to Amend = 1011 Re General Amended by Chap- of Flor. the Operation of Motor Vehicles by Non-Residents, and the Requirements of Registra- tion Thereof. Be_It Enacted by the Legislature of the e of Florida 2. 1. That ub- ion 17 of 1011, Revised General Stat- last amended by_ Chapter f 1933, Laws of Florida, me is hereby amended ad as follow prov ns of law authori ing the operation of motor vehic! over the highways of the State of Florida by non-residents of _ this State, when such vehicles shall be duly registered or licensed under the laws of some other state or for- eign country, shall not apply to any non-resident’ who shall accept em- ployment, or engage in any trade, profession or occupation in this State. In every case where a non- resident shall accept employment, or envage in any trade, profession or occupation in the State of Florida, or shall enter his children to be edu- cated in the public schools of the State of Florida, such non-resident shall be required to register his mo- tor vehicles in this State, if such motor vehicles are proposed to be operated on the highways of the State of Florida.” Sec. 2. All laws or parts of laws, in conflict herewith be, and the same are hereby repealed. Sec. 3. This Act shall take effect immediately upon becoming a law Approved by the Governor June 5, 1939. to St tion as Acts 0! be and the CHAPTER 19253 AN ACT to Amend Section 2935, Revised General Statutes of Florida, 1920 (Being Section 4655, Compiled General Laws of Florida, 1927) Re- lating to Adverse Possession without Color of Title By Providing Therein That the Said Land so Occupied Ad- versely Shall Be Within One Year After the Entry By Such Adverse Owner Returned for Taxation and ixes Subsequently Assessed Avainst the same Duly Paid. Be It Enacted by the Legislature of State of Florida: That Section 2935, Revised al Statutes of Florida, 1920, (being Section 4655, Compiled Gen- eral Laws of Florida, 1927) relating to adverse possession under color of title be and the same is hereby am- ended so as to read as follow Adverse Possession Under Color of Title—1._ CONTINUED OCCUPA- TION FOR SEVEN YEARS RE- QUIRED. — Whenever it shall ap- pear that the occupant, or those un- der whom he tain entered into possession of premises under claim of title exclusive of any other right, founding such claim upon a written instrument as being a_ conveyance of the premises in auestion, or upon the decree or judgment of a compe- tent court, and that there has been a continued occupation and posses: sion of the premises included in such instrument, decree or judgment for seven years, the premises so in- cluded shall be deemed to have been held adversely; except that where the nremises so included consist of a tract divided into lots, the posses- sion of one lot shall not be deemed a possession of any other lot of the same tri provided that during the period of seven years aforesaid the person so claiming adverse posses- sion under color of title shall have within a year after entering into possession make a return of said property by proper legal description to the assessor of the county wherein situated, and has subsequently paid all taxes theretofore or thereafter levied and assessed against the same and matured installments of. special improvement liens theretofore or thereafter levied and assessed ag- ainst the same by the State and County and by any City or Town, if h property be situated within any rporated City or Town, before h taxes become delinquent. Sec DEFINITION OF POSES- SION AND OCCUPATION REQUIR- ED.—For the purpose of constituting an adverse po! ion by any person claiming a title founded upon a writ- ten instrument. or a judgment or de cree, land shall be deemed to have been possessed and occupied, in the following cases: 1, Where it has been usually cul- tivated or improved. Where it has been protected a substantial enclosure. . Where (although not enclosed) it has been used for the supply of fuel, or of fencing timber for the purpose of husbandry, or for the or- usa of the. occupant; or 4 Where a known lot of single farm has been partly improved, the portion of such farm or lot which may have been left not cleared or not enclosed according to the usual course and custom of the adjoining country, shall be deemed to have been occupied fer the same length of time as the part improved or cul- tivated. 5. Provided, however, no such land shall be deemed to have been held adversely under the provisions of subdivisions 1, 2. 3, and 4 above unless within one year after the en- try by such adverse owner he, she or it has returned the said property by proper legal description to the asses- sor of the county wherein situated, and has subsequently paid all taxes theretofore or thereafter levied and ay ed against the same and ma- tured installments of special im- provement liens theretofore or there- after levied and assessed against the same by the State and County and by any city or town if such property be situated within any incorporated city or town, before such taxes be- come delinquent; Provided, further, that this provision shall not be ap- plicable to pending suits, nor shall it be applicable to claims of adverse possession of lands adversely occu- pied prior to the passage of this Act until after one year from the effective date thereof. Sec. 3. All laws or parts of laws in conflict herewith are hereby re- pealed Sec. 4. This Act shall take effect upon its becoming a law. ees by the Governor June 5, by. aoe ee CHAPTER 19254 AN ACT to Amend Section 2936, Revised General Statutes of Flor- ida, 1920 (Being Section 4646, Com- piled General Laws of Florida, 1927) Relating to Adverse Possession without Color of Title by Providing Therein That the Said Lands so Oc- cupied Adversely Shall Be within One year after the Entry by Such Adverse Owner Returned for Taxa- tion and all Taxes Subsequently A sessed Against the Same Duly Paid. Be It Enacted by the Legislature of the State of Florid: Sec. 1. That Section 29 General Statutes of Florida, 19: eing Section 4656,. Compiled Ger eral Laws of Florida, 1927) Relating s session without color be and the same amended so as to read as follows: “‘Adverse possession without color of title—1I, TO BE LAND IN AC- TUAL OCCUPATION ONLY. Where it shall appear that there has been an actual continued occupation for seven years of premises under a claim of title exclusive of any other right, but not founded upon a writ- ten instrument, or a judgment or d cree, the premises so actually occu- pied, and no other, shall be deemd to have been held adversely; pro- vided that during the period of se en years aforesaid the person so claiming adverse possession without color of title shall have within a year after entering into ~ossession make a return of said property by proper legal description to the a sessor of the county wherein, situ- ated and has subsequently, during each year paid all taxés theretofore or thereafter levied and assessed ag ainst the same and matured install- of special improvement liens ofore or thereafter levied and against the same by the county and by City or property be situated within any incorporated City or Town, before such taxes become de- linquent, provided, further, that this provision number ‘three shall not be applicable to pending suits, nor shall applicable to claims of adverse ion of lands adversely oceu- pied prior to the passage of this Act until after one year from the effective date hereof. Sec. DEFINITION OF OCCU- PATION AND POSSESSION RE- QUIRED. — For the purpose of con: stituting an adverse possession by a person claiming title not founded upon a written instrument, judg- ment or deczee, land shall be deemed to have been pi ed and occupied in the following cases onl: . Where it has been protected by substantial enclosure; or 2, where it has been usually cultivated or improved; 3, provided however, no such land shall be deemed to have been held ad- ly under the provisions of sub- ions 1 and 2 above unless with- in one year after the entry by such adverse owner, he, she or it has re- turned the said property by proper legal description to the assessor of the County wherein situated, and has subsequently, during each year paid all taxes therefore or thereafter levied and assessed against the same and matured installments or spe- cial improvement liens theretofore or thereafter levied and assessed ag- ainst the same by the State and County and by any City or Town, if such property be situated within any incorporated City or Town, be- fore such taxes become delinquent. Sec. 3. All laws or parts of laws in conflict herewith are hereby re- Pealed. Sec. 4. This Act shall take effect upon its becoming a law. gApproved by the Governor June 5, Town, CHAPTER. 1926: AN ACT Making It Unlawful to Distribute Political Pamphlets, cards, or Litreature of Any Kind or to licit Votes or Attempt to Solicit Votes Within One Hundred Yards of Any Polling Place, at Any Gen- eral, Special or Primary Election Held in This State, and Providing for the Enforeement and Punish- ment for the Violation of This Act. Be It Enacted by the Legislature of the State of Florida: Sec. That on the day of any gen- eral, special or primary election held in this State, it shall be unlawful for any person to distribute any po- litical pamphlet, card or literature, of any kind, or to solicit vot or to approach any elector or voter in any attempt to solicit votes, within one hundred yards of any polling place. Sec. 2. It shall be the duty of all Peace officers and election officials to arrest any person violating any F of this Act in the pre: ence of such peace officer, or elec- tion official, and to vigorously en- force this Ac Sec. 3. Any person violating any of the provisions of Section 1 of this Act shall be guilty of a misdemean- or and shall receive the punishment provided by law for misdemeanor: Sec. 4. All laws or parts of laws in con t herewith are hereby re- pealed. See. This Act shall take effect upon its becoming a law. qApprovde by the Governor June 5, 1939. CHAPTER 19269 AN ACT to Amend Section 1, Chapter 12289, Acts of the Legisla~ ture of 1 eing a Bill Entitled “An Act Providing for the Super- vision and Control of the State Board of Health Over All Water Supply, Sewerage, Sewage, Waste and Re- fuse Disposal System in the State, in so far as Their Sanitary and Physical Condition Affect the Pub- lic Health and Providing Penalties for the Violation of This Act.” Be It Enacted by the Legislature of the State of Florida: Sec. 1. That Section 1, Chapter 9 (484) Acts of the Legislature oe 1927 be amended to read as fol- low: “Sec. 1. The State Board of Health or its duly accredited rep- resentative shall have general con- trol and supervision over the under- ground water and all lakes, rivers, streams, canals, ditches and coastal waters under jurisdiction of the State of Florida. insofar as their pollution may affect the public health, im- pair the interest of the public, or of persons lawfully using the same. The said Board of Health or its duly accredited representative shall also have general supervision and control over all water supply, sew- erage, refuse, and sewage 'treat- ment stems in the State, insofar as their adequacy and sanitary and physical conditions affect the pub- lic_health.”" Sec. All laws and parts of laws in conflict herewith are hereby re- pealed. Sec. 3. This Act shall take effect immediately upon becoming a law. a by the Governor June 5, 1939. CHAPTER 19270 AN ACT Providing Manner of Re- cording Judgments and Decrees of All Courts in This State in Order to Become Liens on Real Estate and Permitting Certified Transcripts of Judgements and Decrees of United States District Courts Held in the State of Florida to Be Recorded in Same Manner; and Repealing all Laws in Conflict Therewith. Be It Enacted by the Legislature of the State of Florida: cree hereafter rendered by the Cir- cuit Courts or any other courts of this State shall be or become a lien on real estate until a certified trans- cript of said judgment or decree is recorded in the judgment lien rec- ord as provided by Section 1 of this Act. Upon being so recorded said judgment or decree shall become a lien on the real estate of the de- fendant only in the county where the same is recorded in the manner pro- vided by said Section 1. Se 3. That all laws and parts of laws in conflict herewith are here- by_ repealed. Sec. 4, This Act shall take effect immediately upon its becoming a law. Approved 5. 1939. by the Governor, June CHAPTER 19271 AN ACT Prescribing the Method by Which Labor Unions or Labor Bodies May Be Incorporated or Al- lowed to Do Business Within the State of Florida; Bestowing Upon Circuit Courts of This State Juris- diction to Issue Such Certificates of Incorporation or Charters: and Pro- viding for the Right of Intervention by any Person or Persons to Oppose the Issuance of Such Charters or Certificates of Incorporation. Be It Enacted by the Legislature of the State of Florida: Sec. 1. No certificate of incorpor- ation or charter of a proposed do- mestic corporation, and no statement and designation of a foreign corpo- ration, having for its purpose the formation of an organization of a group or a combination of groups of working men and/or women, or wage earners, having the name of Labor, Organized Labor, Federation of Labor, Brotherhood of Labor, Union Labor, Union Labor Commit- tee, Trade Union, Trades Union, Un- ion Labor Council, Building Trades Council, Building Trades Union, Al- lied Printing Trades Council, Al- lied Trades Unien, Central Labor Body, Central Labor Union, Fed- erated Trades Council, Local Un- ion, State Union, National Union, In- ternational Union, District Labor Council. District Labor Union, Amer- n Federation of Labor, Florida Federation of Labor, or the compon- ent parts thereof, or the significant words therein, whether the same are used in juxtaposition or with inter- space, shall be issued, filed, record- ed or authorized, or otherwise auth- orized for the purpose of effecting incorporation or auhtorizing it to do business in the State of Florida without strict compliance with the following provisions: Any five or more persons of legal age, wishing to form a corporation, having for its purpose the formation of a corporation under this law, may become incorporated in accordance herewith: They shall file in the office of the Circuit Court Clerk for the proper county a proposed charter subscrib- ed by the intended incorporators, which shall set forth: 1. The name of the corporation and the place where it is to be lo- cated, 2. ‘The nature of the object and purpose of the corporation and the necessity therefor. 3. The qualifications of members and the manner of their admission. 4. The term. for which it is to exist. 5. The names and residences of the subscribers. 6. By what officers the affairs of the corporation are to be managed and the times at which they will be elected or appointed. 7. The names of the officers who dre to manage all the affairs until the first election or appointment un- der the charter. 8. By whom the by -laws of the corporation are to be made, altered or rescinded. Sec. 2. The proposed charter shall be acknowledged by not less than five of the subscribers before some officer authorized to take acknowled. | ments, which subscribers shall also make and subscribe an oath to be endorsed on the proposed charter that it is intended in good faith to carry out the purposes and objects set forth therein. Sec. 3. The subscribers to the proposed charter shall give notice of their intention to present the pro- posed charter to the circuit judge, or one of the circuit judges where the circuit has more than one judge, in the county where it is intended to operate, giving the name of the circuit judge to whom the proposea charter may be addressed. Such no- tice shall be published in a news- paper of general circulation in the proper county at least once, or posted at the court house door in counties having no newspapers, and shall be published at least ten days prior to the date the subscribers intend to present the proposed charter to the ‘circuit judge, and shall state in said notice the general nature of the pro- posed charter, and the necessity therefor. Sec. 4. The said proposed charter shall be accompanied by a. petition signed and, sworn to by the sub- scribers to the proposed charter, stating fully in the said petition the aims and purposes of such or- ganization and the necessity there- 5. Upon the filing of the pro- charter and the "etition, and the giving of such notice, the cir- cuit judge to whom such petition and proposed charter may be ad- dressed shall upon the date stated in such notice, take testimony and inquire into the admissions and pur- poses of such organization and the necessity therefor, and upon such hearing, if the circuit judge shall be satisfied that the allegations set forth in the petition and charter Jave been substantiated, and shall fi,nd that such organization will not be harmful tu the community in which it proposes to operate and to the State of Florida, and that it is in- tended in good faith to carry out the purposes and objects set forth therein, and that there is a neces- sity therefor, the judge shall approve the charter and enter a decree ac- cordingly. The decree shall be re- corded in the office of the clerk of the circuit court and from thence- forth the subscribers and their as- sociates and successors shall be a corporation by the name given. Sec. 6. Any person, persons, group of persons, groups of persons, or corporations, shall have the right to intervent by filing of any answer or answers to the said petition stat- ing their reasons, if any they have, and be heard thereon, why the cir- cuit judge shall not enter a decree authorizing the subscribers to incor- Porate in accordance with this law. Sec. 7. The existence as to any such corporation, the amendment of its charter, and its dissolution, shall be in accordance with the general law as to corporations organized not for profit. Sec. 8. All other provisions pre- scribed for corporations not for pro- fit, not in conflict with the provisions of this law, shall be applicable to corporations organized under the pro- visions of this law. Sec. 9. All laws or parts of laws in conflict herewith are hereby re- pealed. Sec. 10. This Act shall become ef- fective immediately upon its becom- ing a law. Approved by the Governor June 5, Sec. 1. That the Clerk of the Cir- 1939. cult Court in each County in this State shall keep a judgment lien rec- ord in which he shall record certi- fied transcripts of judgments and decrees of Circuit Courts and all other courts of this State, and judg- ments and decrees of the United States District Courts held in the State of Florida, which may be pre- sented to him for such record, and shall note at the bottom of such record the date, hour and minute of recording same. Sec. 2. That no judgment or de- CHAPTER 19272 AN ACT Providing for the Reim- Adjudged Against and Paid by An: County in All Lunacy Proceedings and Criminal Prosecutions State Convicts Imprisoned at the State Prison at Raiford and in All Habeas Corpus Cases Brought to Test the Legality of the Imprison- ment of State Convicts Imprisoned at the State Prison Farm at ford ; Providing the Manner of Making bursement for Lawful Costs Legally 1939. ‘y Requisition for and the Refund ‘Thereof From the State Treasury. ie ag = = the Legislature State ‘lorida: Sec. 1, All lawful costs hereafter legally adjudged against and paid by any ae a in all Lunacy proceed- ‘ings and all criminal prosecutions against State convicts imprisoned at the State Prison Farm at Raiford, Florida, and in all habeas Corpus cases brought to test the legality of the imprisonment of State prisoners imprisoned at the State Prison Farm at Raiford, Florida, shall _ re- funded to the County paying the sum from the General Revenue Fund in the State Treasury of Florida in the manner and to the extent herein provided, to-wit: Between the first and fifteenth of the month next suc- ceeding the month in which any such cost has been allowed and paid by the County, the Clerk of the Circuit Court of the County shall make req- uisition. upon the Comptroller of Florida for all such costs so allowed and paid during the preceding month, giving the style of the cases in which the said cost was incurred, the am- ount and items of cost in each case, a certified copy of the judgment of the Court adjudging the cost against the County, which said requisition shall show that the cost represented thereby has been paid by the County and shall be verified by the oath of said Clerk, and to which shall be at- tached a certified copy of the cost bill or bills as approved and allow- ed by the Board of County Commis- sioners of the County, and if the Comptroller shall find the same to be legal in all respects and to have been legally adjudged against and paid by the County, he shall there- upon draw his warrant therefor in the amount thereof, or in such am- ount as he shall have found to be legal and legally adjudged against and paid by the County which war- rant or warrants shall be in favor of the County so paying said costs, and upon presentation shall be paid by the State Treasurer from the Gen- eral Revenue Fund of the State. Sec. 2. All laws and parts of laws in conflict herewith are hereby re- pealed. Sec. 3. This Act shall take effect upon becoming a law. ao by the Governor June 5, CHAPTER 19273 AN ACT to Require Any Railroad Company or Railroad Corporation op- erating or Doing Business in the State of Florida to Grant_to Any Regular or Part Time Employee ‘Who Shall Be Elected or Appointed to Any Federal, State. County of Municipal Office or Position, a Leave ‘of Absence for Such Period of Time That Such Employee Holds or Oc- cupies Such Office or Position, With- out Loss of, Impairment or Preju- dice to the Seniority Rank of Such Employee; to Provide for Actions for Damages by Any Such Employee against such Railroad Company or Railroad Corporation for Salaries or Wages Lost By Refusal to Reinstate Such Employee Upon the Termina- tion of Such Service or Federal, State, County or Municipal Office or Position; and to Provide Penalties for the Violation Thereof. Be It Enacted by the Legislature of the State of Florida: Sec. 1. That when any regular or part time employee of any railroad company or railroad corporation op- erating and doing business in the State of Florida shall be elected or appointed to any Federal, State, County or Municipal office, such rail- road company or railroad corpora- tion shall, upon application of such employee, grant a leave of absence to such employee for such period of time said employee holds or oc- cupies such office or position, and such leave of absence shall in no wise impair, prejudice or deprive said employee of the seniority rank- ing held by him at the time of the granting of such leave of absence. Sec. 2. Upon the expiration or termination of any such term of of- fice or appointment to any Federal, State, County, or Municipal office or position, any’ such regular or part time employee, upon giving of a written notice to such railroad com- pany or railroad corporation, and upon passing such physical and men- tal examinations as is customarily required, shall be entitled forthwith to reinstatement to the position or employment held by him at the time of such election or appointment, and upon failure or refusal of any rail- road company or railroad corporation to immediately reinstate said em- ployee, he shall have and may main- tain a civil action for damages ag- ainst such railroad company or rail- road corporation for any salaries or wages which would have been due him from the date of such notice, and the passing of such examination had he been reemployed as required hereby; in such action, should the plaintiff recover he shall also be en- titled to recover a reasonable attor- ney’s fee as compensation for his attorney. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. _ Sec. 4. This Act shall take effect immediately upon its becoming a law. a by the Governor June 5, CHAPTER 19277 AN ACT to Prohibit the Sale, Dis. position, or Exchange in Florida of Goods, Wares and Merchandise Manufactured or Mined in Whole or in| Part By Convicts or prisoners (Except Convicts or Prisoners on Parole or Probation); Providing for the Sale of Such Goods, Wares and Merchandise to Any Federal, State, County, or Town Government or Oth- er Political Subdivision Thereof, and Providing Penalties for the Viola- Pag! this Act. ‘asa a Enacted by gislature the State of Florida: Rae 1, Pe args eres a after the effective date of tl ct no goods, wares or merchandise manufactured or mined, in whole or in part by con- victs or prisoners (excent convicts or prisoners on parole or probation) shall _be sold or offered for sale in this State by any person, firm, asso- ciation or corporation or any Federal authority, State or political subdivision thereof; provided, how- ever, that nothing in this Act shall be construed to forbid the sale, ex- change, or disposition of such to any institution supported wholly or in part by funds derived from public taxation and operated under the supervision of the United States of America, the State of Florida, or any other State in the Union, or any political subdivision thereof. Sec. 2. BE IT FURTHER ENACT- ED. oo. a. nerson, firm a cor- poration violating any ‘pro’ of this Act shall be guilty of a misde- ™meano and upon conviction thereof subject to a fine of not more than $500.00 or imprisonment in the County jail not exceeding twelve months, or both. Sec. 3. BE IT FURTHER ENACT- ED, That all laws and of laws in conflict with this be, and the same are hereby rej led. Sec. 4. BE IT THER ENACT- ED. That if any section, subsection, sentence or clause or phrase Act for any reason is oi phar such decision shall not affec validity. and operation the remaining portion of tule Ace, °" we 5. 2s FURTHER ENACT. December 31, 1940. ty Approved by the Governor June 8, CHAPTER 19296 AN ACT to Prescribe the Duties of the Florida Citrus Commission With Reference to Problems Affecting the Industry and ff ida Citrus Fruits and the Reference to the Study of Standards, Quality, Grade and Maturity of Flor- ‘ause and Effect Thereof; to Prescribe for Ex- penditures from the Orange Adver- tising Fund, the Grapefruit Advertis- ing Fund and the Tangerine Adver- tising Fund for Protecting the Flor- ida Citrus Industry in Obtaining and Enjoying Just, Reasonable and Oth- erwise Lawful Transportation Rates and Charges; and to conduct the Study of Standards of Quality, Grade and Maturity of Florida Citrus Fruits and the Cause and Effect Thereof. Be It Enacted by the Legislature of the State of Florida: Sec. 1. ‘That the raising of citrus fruits is one of the great industries of the State of Florida and the pro- duction of citrus fruits in Florida is a highly comercial undertaking, with almost the entire crop produced for sale; that the problem of transporta- tion and distribution is of paramount importance to the Florida citrus in- dustry and is associated with the conducting of publicity, advertising and sales promotion campaigns to in- crease the consumption of Florida citrus fruits; that the citrus fruits produced in Florida cannot be de- livered to the. consumer without transportation and the consumption of Florida citrus fruits cannot be in- creased without just and reasonable transportation rates and charges; and that it is vital to the Florida citrus industry and to the general welfare of the State of Florida that just, reasonable and otherwise law- ful transportation rates and charges on Florida us fruits be obtained and maintained. Sec. 2. That the study of stand- ards of quality, grade and maturity of Florida citrus fruits and the cause and effect thereof is a vital neces- sity affecting the advertising, pub- licity and sales promotion campaigns to increase the consumption of Flor- ida citrus fruits and affecting the distribution thereof; and that it is vital to the Florida citrus industry and to the general welfare of the State of Florida that dependable in- formation regarding standards of quality, grade and maturity of Flor- ida citrus fruits and the cause and effect thereof be available for dis- semination as public information. Sec. 3. It shall be the duty of the Florida Citrus Commission to cause to be investigated the transportation problems affecting the Florida citrus industry and the lawfulness of any and all existing or proposed rates, charges. rules, regulations or prac- tices affecting any rate or charge insofar as the same may affect the Florida Citrus Industry, and to that end may cause such proner investi- gations to be made by other agencies established and existing for the pur- pose of handling such questions. That the Florida Citrus Commission may authorize such other agency as selected by it to compile the facts concerning the transportation rates, charges, rules, regulations or prac- tices affecting the Florida citrus in- dustry, and when any such transpor- tation rate, charge, rule, regulation or practice is, in its opinion, exces- sive, unjust, unreasonable, discrim- inating in nature or otherwise un- lawful. may cause such agency to file with the Interstate Commerce Commission or other proper regula- tory body, complaints, protests, pe- titions or other pleadings and papers, and to participate in any proceed: ings or hearing concerning the same to the end that the Florida citrus industry may be fully protected in obtaining and enjoying just, reason- able and otherwise lawful transpor- tation rates and charges. In the per- formance, of any such duties the Florida Citrus Commission shall pa: such agency so selected by it suc! reasonable compensation as the Com- mission may fix for defraying the expenses of the agency in employ- ing counsel, rate experts, account- ants or other assistance in any such investigation or participation in any such proceeding or hearing. Sec. 4. The Florida Citrus Com- mission may cause to be conducted a study of citrus fruits and the juices thereof with rsepect to the quality and maturity o id fruit and the juices thereof, including an attempt to assemble data and arrive at a proper standard of qual- ity, grade and maturity with ref- erence to its texture, stability and general marketability, and so far as Possible reduce such findings to spe- cific and readily understood chem- ical, mathematical or descriptive terms. The Florida Citrus Commis- sion may, from time to time, and at least annually, require from any such agency a report of its activities, investigations, studies, findings and recommendations, and’ any other in- formation concerning such study as the Commission may request in the performance of the duties under this Section. The Florida Citrus Com- mission may designate the Agricul- tural Experiment Station of the Uni- versity of Florida as its proper ag- ency therefor and may pe, the rea- sonable sums expended by such Ag- gricultural Experiment Station of the University of Florida in the conduct- ing of such study; provided, however, that there shall not be spent in any year in excess of Six Thousand Dol- lars ($6,000) per year for the purpose of this Section. Sec. 5. That there is hereby ap- propriated and made available dur- ing the two years next ensuing af- ter the effective date of this Act, for defraying the expenses of the’ ad- ministration and enforcement of this Act from the special funds known as the Orange Advertising Fund, the Grapefruit Advertising Fund and the Tangerine Advertising Fund, such amounts as may be necsesary, not to exceed. however, in any one year, expenditures in exeess of five (5) | aetiae of such special funds col- lected in such year; provided, fur- ther. that in case any expenditure is made as authorized herein, each of said special funds as aforesaid shall annually bear its pro rata share of such expenditures in such propor- tion as the Commission may find oranges, pefruit and tangerines, re: tively, are affected by each such expenditure, and in no event shall the expenditure in any one year concerning oranges, grapefruit or tangerines be in excess, respectively, of five (5) percent of the amount collected in such year in the Orange Advertising Fund. the Grapefruit Ad- vertising Fund and the Tangerine Advertising Fund, respectively. Sec. 6. this Act shall be lib- erally construed and if any part or portion thereof be declared invalid, or the application thereof to any Person, circumstance or thing is de- clared irvalid, the validity of all the remainder of this Act and/or the ap- Plicability thereof to any other per- son, circumstance or thing shall not rad it is the in- ure to preserve > heed all parts of said Act if pos- Sec. 7. That all laws or parts of laws in conflict herewith Necand the same are hereby repealed to the ex- tent of such conflict. Z ae eS ee Act — take e mm: ly upon its passage and approval by the Governor or its a a law without such ap- proval. Became a law without the Gover- nor’s approval. CHAPTER 19291 AN ACT gee to Citrus Fruit Damaged by 1g; Providing for the Determination of the Extent of Damage Occurring to Citrus Fruit From Freezing Temperatures; Pre- scribing Conditions Under Which Citrus Fruit Damaged by Freezing Shall Be Deemed Unfit for Human Violation of This Act. poral ce this Act shall be WHEREAS, it is a well recognized fact and the Legislature so finds that emergencies arise in the citrus industry from time to time because citrus fruit produced in the State of Florida suffers serious damage by freezing; and WHEREAS, the Legislature finds that it is necessary to provide means for regulating the issuance of cer- tificates of inspection when citrus fruit is damaged by freezing; and WHEREAS, because of experience during the years in the past when citrus fruit has been damaged by freezing, at which time it has been found that the extent of the damage from freezing has not become ent for varying periods of t ing to weather and other c during which periods of uncertainty it is impossible to correctly deter- mine the extent of damage of said citrus fruit or whether same is edi- ble and fit for human consumption, or whether same is so damaged as to affect its classification for grad- ing or standardization purposes; and WHEREAS. the Legislature finds that cirtus fruit produced in the State of Florida, when falling below the specifications and requirements set forth in this Act, is not edible or fit for human consumption, and that the shipment of such fruit is injurious to the Florida citrus in- dustry: now, therefore, Be It Enacted by the Legislature of the State of Florida: Sec. 1. That as used in this Act. (a) The term “citrus fruit” as used herein means and includes only the fruits Citrus andis, Osbeck, com- monly called grapefruit, and ‘Citrus Sinensis, Osbeck, commonly called oranges, and Citrus Nobilis, Deli- ciosa, commonly called tangerines, grown in the State of Florida (b) The term lorida Citrus Commission” means the Florida Cit- rus Commission created by C! Laws of Florida 35, as amended by Cha Laws of Florida, Acts of 19: :) The term * "" means and includes persons, firms, partnerships, associations and/or corporatior (@) The term “citrus producing area’’ means and includes any part of the State of Florida in which citrus fruit, as herein defined, is grown or produced. Sec. 2. That when freezing tem- peratures of sufficient degree to cause damage to citrus fruit occur in any section of the citrus producing area of Florida, the Florida Citrus Com- mission hereby empowered and charged with the duty of determining whether or not serious damage re- sults to citrus fruit from such freez- ing temperatures. If it is determin- ed that serious damage has been caused to citrus fruit as a result of freezing the Commission may, by rule or regulation, at any time not less than three (3) days after the occurrence of freezing temperatures causing such serious damage, or- der that no citrus fruit shall be sold or offered for sale, transported, pre- pared, received, or delivered for transportation or market for a period not to exceed seven (7) days after such order becomes effective; pro- vided, however, that such order shall not affect or be applicable to any citrus fruit which has been prepared for shipment and certificates of in- spection issued thereon prior to the time the order herein provided for becomes effective. Any order, rule or regulation of the Commission, under the provisions of this Act, may become effective twelve (12) hours after its issuance, if so pro- vided therein. Sec. 3. It shall be unlawful at avy time for any person to sell or offer for sale, to transport, to prepare, re- ceive, or deliver for transportation or market any citrus fruit seriously damaged by freezing. Citrus fruit shall be deemed to be seriously dam- aged by freezing when: (1) it causes marked drying to ex- tend into the segments of oranges and grapefruit more than % inch at the stem end, or into segments of the mandarin groups more than % inch at the stem end, or more than the equivalent of these respec- tive amounts by volume when oc- curring in other portions of the fruit, (a) it causes before the drying pro- cess develops other injury as evi- denced by (a) a water soaked appearance, or evidence of previous water soaking (b) broken down juice cells (c) mushy condition (d) open spaces in the pulp or when any condition or combina- tion of conditions as described above in a. b, c, and d may be interpreted as gffecting any portion or portions of the fruit with seriousness equal to that defined in section (1) above. Not more than fifteen (15) percent by count of the citrus fruit in any one container or bulk lot may be seriously damaged by freezing in- jury but not more than one-third (1-3) of this tolerance shall be al- lowed for rus fruit now or here- after deemed adulterated by Federal law or regulation. No lot of citrus fruit seriously damaged by freezing injury may be mixed with other lots of citrus fruit which are free from damage by freezing, resulting in concealment of inferior fruit, thereby reducing the percentage of defective fruits in the seriously damaged lot to within the tolerance permitted for error in grad- ing only. The manner and method of draw- ing samples and conducting tests un- der this Act shall be prescribed by rules and regulations of the Florida Citrus Commission. Sec. 4. Any person who shall vio- late any of the provisions of this Act or do or commit any act herein declared to be unlawful, or shall violate any reasonable rule or reg- ulation made and promulgated by the Florida Citrus Commission in pursuance of the authority therefor herein given, shall be punished by a fine of not less than Fifty ($50.00) Dollars. and not more than One Thousand ($1,000.00) Dollars, or by imprisonment in the County Jail for not more than one (1) year, or by both such fine and imprisonment in the discretion of the Court. Sec. 5. That this Act shall be liberally construed and if any part or portion thereof be declared invalid, or the application thereof to any Person, circumstance or thing is de- clared ‘invalid, the validity of the re- mainder of this Act and/or the ap- plicability thereof to any other per- son, circumstance or thing shall not be affected thereby, and is the in- tention of the Legislature to pre- serve any and all parts of said Act if possible. Sec. 6. That all laws and parts of laws in conflict with he provisions of this Act be and the same are hereby repealed. Sec. 7. This Act shall take effect August 1, 1939. Became a law without the Gover- nor’s approval. CHAPTER 19498 AN ACT Relating to Alcoholic Beverages, Supplementing the Bev- erage Act’ of This State. Providing ‘That No Wines Shall Be Sold Within This State in Individual Containers Holding More than One Gallon, and Providing Penalties for the: Violation Hereof. Be It Enacted by the Legislature of the State of Florida: Sec. 1. From and after the pass- age of this Act it shall be unlawful for any person, firm, or corporation to sell within ‘this State any wine in individual containers holding more than one gallon of such wine. Sec. 2. Any person, firm, or cor- m convicted of ‘a violation of ilty of a misde- be punished as such. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. Became a law without the Gover- nor’s approval. meanor and