The Key West Citizen Newspaper, September 7, 1939, Page 15

2 —_—_—_—_$—$————— aia mili ii a State Comptroller any Building and Loan Association may subscribe and pay for shares of stock in any Fed- ral Home Loan Bank or other Fed- eral or Reserve Corporation, created er authorized by the laws of the United States or the State of Flor- ida. to lend money to Building and Loan Association or any Federal vings and Loan Association and purchase, sell or hypotheca securities.’ bonds, notes, or de ures issued by any such Fed- Home Loan Bank or other Fed- rve Corporaiton or Fed- ings and Loan Association ent for such stock or debentures funds which the on hand or by of any other a ubscriptions to or purchase uch stock. securities, bonds, notes r debentures heretofore made by sociation are hereby validat- confirmed and made legal The provisions of this biting the assignment or evidences of indebtedness is securing the same building and loan 2 for the payment of any 1 not apply to the invest- mitted by t Section, or nd mortga~~~ received by ociation to evidence and se- ance of the sale price of 1 sold by it, provided atter notes are not secured by ment of shares of stock ciation This Act shall take passage and appro nor OF upon its b aw without such approval. proved by the Governor May 20, effect al by c oming CHAPTER T Autho Whe 19109 ng Guardia Individual or Executor Addition Heretofore Au- aw. to Invest Trust r Fiduciary Funds in Savings estment Share ounts Loan ther inistratc nd in fhe Shares of iding and Loan Associa- hich is a Member of the Fed- me Loan Bank System Be It Enacted by the Legislature of The State of Flori Séc. 1 That any gi whether individual administrate duc author dor funds of wards. cesti que trus rdian, trus- or ‘corpo- executor or oth- ed to invest any their respective S or other ben- aries zed and empow- estment share ac- Savings and Association chartered under aws of the United States of d doing business in the Florida, and in the shares Florida “Building and Loan which is a member of Home Loan Bank The investments autho- preceding Section shall y limit the investments etofore authorized by law, but hall be cumulative of and in ad- m to said investments. 3. If any section, or provision of this reason held to be unconsti- or invalid, such holding shall ot affect the validity of the remain- provisions of the act See. 4. All laws or parts of laws in conflict with this Act are hereby This Act shall take effect tely upon its approval by Governor or its becoming a law »ut such approval. Approved by the Governor May 20, CHAPTER 19107 to Amend Section 11, 4, Laws of Florida, Acts ction 1335 (11) Com- eneral Laws of Florida, 1927, hereto), Relating to by Auto Trans- and Prescribing and Weight of the Distribution Safety Devcies Re- Be It Enacted by the Legislature of The State of Florida: Compiled ‘Gen- 1927, (Supple- the same is das follow te of public ty in com- on carriage shall be issued by the < on for the operation on any nway in this State of any cle exceeding the follow- mensions and specifications as e and weight limitations: eluding body, be and frame t including body, frame p eaciliagabony,. crams feet vehicles vehicle—35, nation of — 45 however, that the Rail- 4 Commission shall have author- to prescribe @ height of less than ve and a half feet for vehicles horized to be operated over the where any physical conditions a lesser height; and provided, ngth including load, body or of forty-five feet for a com- vehicles shall not be ¢ commission or applied exclude from the public ays of this State equipment ac- ly in use thereon and for which ority to operate from the Rail- mmission has been secured June 1, 1931; Provided, such nt is now within the limits ed by law and such combi- of vehicles is in no event er length including body, load than fifty feet; and further, that as to such d any unit thereof no repairs and tial or ma- be permitted, it be- e of this provision to the highways of this ‘ mt that does not con- ) the dimensions prescribed in at the same time mnable time for the nt now on the high- not comply with the of this Section and which actually acquired and ac- 2 use on the highways of this prior to the first day of June, and Provided, that no combi- 2 of vehicles, including a trail- all be authorized under any or permit unless both k and trailer are equipped with control airbrakes, (electric ) or (vacuum booster brakes) shing ready and efficient driver of trailer as well as truck and no combination of vehicles shall ude more than one trailer; and wided. further, that no trailer be horized by any certificate or per- when such trailer, in ad- airbrakes, (electric brakes) acuum booster brakes), here- provided, shall be coupled pproved coupling device so de- so used as to prevent on in trackage by said trailer re than three inches except turning or rounding curves. > passenger - carrying bus shall authorized under any certificate public enience and necessity er vehicle weight than jousand pounds; Provided, such vehicle is equipped nodern airbrakes or vacuum booster brakes and dual wheels with pneumatic tires meeting the reqiure- ments of the commission as to road surface contact. a maximum gross weight not exce thirty thousand pounds shall be allowed. to quip rts sh po: on No truck or trailer shall be autho- rized under any certificate of public convenience and necessity in com- mon carriag2 to carry a load in ex- cess of twelve thousand pounds, and the commission shall by the terms of all certificates issued by it limit the load weight of every truck or trailer to not more than twelve thousand pounds. Every certificate heretofore issued shall be deeme@ to limit load weight of every truck or trailer to twelve thousand pounds and the car- riage by any truck or trailer of more than twelve thousand pounds shall be unlawful and subject the holder of such certificate to all the penal- ties prescribed by law and by the provisions of this Act. The vehicle weight of any truck or trailer shall in no event, exceed the maximum load weight of twelve thousand pounds hereinabove , pro- vided unless such load weight Be re- duced in the amount of such excess vehicle weight. A tractor and semi-trailer, which semi-trailer when in operation shall have a part of its own weight, or that of its load, or both, ing upon and carried by the tractor fur- nishing its power, shall be allowed 2 maximum gross weight of 34,000 pounds; Providing both vehicles are equipped with booster brakes, vac- uum brakes or power brakes; Pro- vided, further, that the load be di! tributed on this combination of units so as not to exceed 550 pounds per inch of tire; Provided, further, the State Road Department is hereby authorized in its discretion to grant permission in writing to contract or common carriers to operate a single vehicle or combination of vehicles of greater length than provided here- in, to exclusively haul telephone, telegraph, or electric utility poles, bridge timbers, or other constructing equipment not readily susceptible to separation or dismemberment. The Commission is authorized to prescribe all reasonable rules and regulations for distribution of load weight on all trucks and trailers and tire specifications and axle spacing in keeping with the physical condi- tion of the public highways and upon or over which such or trailers are authorized to operate. See. 2. All laws and parts of laws in conflict herewith are hereby r pealed. Sec. 3. This Act shall take effect immediately upon becoming a law. \pproved by the Governor May 20, 1939. CHAPTER 19063 AN ACT Relating to the Functions and Duties of the State Bureau of Vital Statistics, and Providing for the Entry in the Records of Said Bureau of Judgments and Decre Relating to the Paternity or Provid- ing for the Adoption of Persons Whose Birth Shall Have Been Pre- viously Registered in Said Bureau, and Authorizing the State Registrar of Vital Statistics to Seal Records in Certain C to File New and Substituted Certificates of Birth in Cases of Legitimization or Adoption, and to issues copies thereof, and cer- tificated relating thereto. Be It Enacted by the Legislature of The State of Florida: Sec. 1. That whenever the State Registrar of Vital Statistics shall have received and filed proofs es- tablishing to his satisfaction that (a) the parents of a person whose birth has been previously registered by the Bureau of Vital Statistics of the State of Flroida have inter-married subsequent to the birth of such per- son, or (b) that a court of compe- tent jurisdiction has entered a judg- ment or decree finally determining the parentage of any person to be other than as registered, or (c) that a court of competent jurisdiction has entered a judgment or decree au- thorizing and providing for the adoption of a person whose birth has been previously registered, then, in such case, and in every such case, the State Registrar of Vital Statis- tics may enter upon an appropriate recrod of said Bureau the facts so found by him, and make and file a new certificate of birth upon the ap- plication of any interested person and the submission to him of a cer- tified copy of such judgment or de- cree issued by a court of competent iurisdiction. Such new certificate of birth shall be in such form as shall be presribed by the State Board of Health of the State of Florida, and shall be prepared upon the basis of the status of such person, subse- quently acquired or established as shown by the records of said Bu- r as amended or supplemented as aforesaid; provided, however, that in every case of adoption, the par- ents named in such new ‘certificate of birth, shall be affirmatively shown to be adoptive parents. When the person named in such certificate is illegitimate and paternity has been established by a judgment of a court of competent jurisdiction, the State Registrar of Vital Statisics, upon the filing of a certified copy of the judgment and judicial proceedings upon which said adjudication shall be based, and such other proofs as may be required by him, may enter upon the records of said Bureau the name of the father as determined by such judgment and approved by said Registrar. Whenever any per- son whos birth is registered in said State Bureau of Vital Statistics shall have been adopted under and pur- suant to judicial proceedings in a court of competent jurisdiction by any other person or persons and the name of such adopted person shall be fixed by the decree of adoption or by other judicial proceedings, the dame fixed by such decree or pro- ceedings shall be used in any new or amended registration certificate. The person or persons adopting such other person shall be recorded as the adoptive parents of the adopted per- son. See. 2. That when a new certificate of birth is made, the State Registrar shall substitute the new certificate of birth for that on file in the State Bureau_of Vital Statistics of the State Board of Health, and_ shall place the original certificate of birth and all papers pertaining thereto under seal, not to be broken or op- ened except by decree, judgment or order of a court of competent juris- diction; or at the instance and re- quest of the person whose birth is the subject of the said certificate of birth; provided, however, that be- fore any such person shail be en- titled to have the seal broken and the record opened without order of court. he or she shall first identify himself or herself to the satisfaction of the State Registrar. Thereafter, when a certified copy of the cer- tificate of birth of such person is issued it shall be a copy of the new certificate of birth, except when an order, judment or decree of a court of competent jurisdiction shall re- quire the issuance of a copy or cer- tified copy of the original certificate of birth, or except when such copy of the original certificate shall Be requested by the person whose birth is the subject of the said certificate, such person having first furnished satisfactory evidence of identity as is hereinabove provided. Sec. 3. All laws or parts of laws in conflict herewith are hereby re- pealed. and this act shall take effect immediately upon its becoming a law. Approved by the Governor May 15, CHAPTER 19062 AN ACT to Amend Chapter 12,050, General Laws of Florida, Approved June 6, 1927, Entitled ‘An “Act to Prevent the Introduction into and Dissemination Within the State of Florida of Contagious and Infectious Diseases of Honey Bees: Providing for Eradication of Bee Diseases; Au- thorizing the State Plant Board of Florida to Make Rules and Regul tions for Carrying Out the Provisions of This Act and Prescribing a Pen- alty for Violation”; to Provide for Certification of Freedom From_In- fectious Diseases of Honey Bees Shipped or Moved Into this State When in Wire Cages and When Without Combs or Honey, and for Other Purposes. Be It Enacted by the Legislature of The State of Florid: ‘ That Section 1 of Chapter 12,050, General Laws of Florida, approved June 6, 1927, be amended so as to read as follows: ‘ Sec. 1. All honey bees (includ- ing bees in wire cages, with or with- out combs or honey) shipped or mov- ed into the State of Florida shall be accompanied by a certificate of in- spection signed by the State Ento- mologist. State Apiary Inspector or corresponding official of the State or Country from which such bees are shipped or moved. Such cer- tificate shall certify to the appar- ent freedom of the bees, and their combs and hives, from contagious and infectious diseases and must be based upon an actual inspection of the bees themselves within a per- iod of sixty days preceding date of shpiment; provided, that when honey bees are to be shipped into this state from other states of countries where- in no official Apiary Inspector of State Entomologist is available, the State Plant Board of Florida may is- sue permit for such shipment upon presentation of suitable evidence showing such bees to be free from disease.” Sec. 2. All laws and parts of laws inconsistent with the provisions of this act are hereby repealed. Sec. 3. This Act shall take effect upon its becoming a law. — by the Governor May 15, 1939. CHAPTER 19064 AN ACT to Provide for the Service of Process on the Directors of Dis- solved Coporations as Trustees of Such, Disolved Corporations. Be It Enacted by the Legislature of The State of Florida: Section 1. Process against the Di- rectors of any corporation which has been or shall hereafter be dissolved under the laws of the State of Flor- ida, as Trustees of such dissolved corporation, may be served upon any one or more of the Directors of such dissolved corporation, as Trus- tees of such dissolved corporations, and such personal service shall be binding upon all of the Directors of such dissolved corporation as Trus. tees of such dissolved corporation Sec. 2. All laws or parts of laws in conflict herewith are hereby re- pealed. Sec. 3. This Act shall take effect upon its becoming a law. Approved by the Governor May 15, 1939. CHAPTER 19066 AN ACT to Require All Persons Licensed to Pratice Osteopathic Medicine in the State of Florida to Renew Annually Their Licenses with the State Board of Osteopathic Medical Examiners; To Provide for the Conditions Upon which Renew- al of Licenses Shall Be Issued and Requirements Prerequisite to the Granting of Such Renewal Licenses; To Provide for Notice to Be Given Licenses Under Said Board of the Provisions and Requirements of This Act; To Provide for the Forfeiture of Licenses to Practice Osteopathic Medicine for the Failure to Comply with the Provisions of This Act, and to Prescribe Requirements for the Restoration of Licenses: Be It Enacted by the Legislature of The State of Florida: Sec. 1. All persons who are now or may hereafter be regularly li- censed to practice osteopathic medi- cine in the State of Florida shall, on or before the first day of January knnually hereafter, renew his or her license and pay a renewal fee of $5.00 each year to the State Board of Osteopathic Medical Examiners; pro- vided that, beginning on the first day of January, 1941, in addition to the payment of such renewal fee, each licensee so applying for a li- cense renewal shal] furnish to said Board satisfactory evidence that he or she has attended the two-day educational program as conducted by the Florida Association of Osteo- pathic Physicians and Surgeons, or its equivalent as approved by ‘the Board of Osteopathic Medical Ex- aminers of the State of Florida, in the year preceding each such appli- cation for a renewal. The Secretary of the State Board of Osteopathic Medical Examiners shall send a writ- ten notice to this effect to every per- son holding a valid license to prac- tice osteopathic medicine within this State. at least thirty days prior to the first day of January in each year, directed to the last known ad- dress of such licensee, and shall en- close with such notice proper blank forms for application for such an- nual license renewal. Every person failing to renew his or her license within thirty days after same is due shall automatically forfeit his or her license to practice Osteopathic Medicine in the State of Florida but may have his or her license restor- ed upon payment of a restoration fee of $5.00 for each delinquent year in addition to the renewal fee of $5.00 and upon presentation of sat- isfactory evidence of post graduate study of a standard approved by the Board of Osteopathic Medical Ex- aminers of the State of Florida. Sec. 2. This act shall take effect immediately upon its passage and approval by the Governor or upon its becoming a law without such approval. Approved by the Governor May 15, 1939. CHAPTER 19068 AN ACT Exempting From the Re- quirement for the Payment of An Excise Tax Imposed by Chapter 15787, Laws of Florida, Acts of 1931, Renewals of Promissory Notes and Certificates of Deposit, and Re- pealing Chapter 17890, Laws of Flor- ida, Acts of 1937. Be It Enacted by the Legislature of The State of Florida: Sec. 1. When any promissory note is given in renewal of any ex- isting promissory note, which said renewal note only extends or con- tinues the identical contractual ob- ligations of the original promissory note and evidences part or all of the original indebtedness evidenced thereby, not including any accum- ulated interest thereon and without enlargement in any way of said original contract and obligation, such renewal note shall not be subject to taxation under the provisions of Chapter 15787, Laws of Florida, Acts of 1931, if such renewal note has attached to it the original prom- issory note with canceled stamps af- fixed thereon showing full payment of the tax due thereon. Sec. 2. All Certificates of De- posit hereafter issued by any bank, banking association, or trust com: pany, shall be, and hereby are ex- empt from the requirement for an excise tax imposed by Chapter 15787, Laws of Florida, Acts of 1931. Sec. 3. Any person, firm or cor- poration. either maker of payee, who shall attach to any original note any other note which is not in fact a re- newal of the original note without } paying the tax and affixing the stamps required by law on each and all of such notes, shall forfeit to the State of Florida a sum of money equal to twice the face value of all such notes as may be so attached, and the Comptroller of the State of Florida shall direct the State At- orney of the Judicial Circuit within Ji which such parties or any of them reside. or where the act was com- mitted. to bring suit in the name of the State of Florida to collect the Lo: amount due, and it shall be the duty of such State Attorney to institute M« and prosecute to judgment and col- tion the peices tr and the mak- er or makers and the payee or E ees shall be jointly and ‘severally liable for the payment thereof. “Bec. 4. In addition to the forfei- ture provided in Section 3 of this ‘Act, any person using the provisions of this Act to avoid the payment of any tax justly due shall be guilty of a misdemeanor and upon convic- tion shall be punished by fine of not more than Five Hundred Dollars, or by imprisonment in the county jail of not more than six months, or by both such fine and imprisonment at the discretion of the Court. Sec. 5. Chapter 17890, Laws of Florida, Acts of 1937, is hereby re- pealed. Sec. 6. All laws and parts of laws in conflict wtih the provisions of this Act are hereby repealed. Sec. 7. This Act shall take effect upon becoming a law. Approved by the Governor May 15, 1939. CHAPTER 19070 AN ACT Providing That Adjudica- tion in Cases of Delinquent Children as Defined by Section 3684 of the Compiled General Laws of Florida of 1927 in Juvenile Courts or Coun- ty Judges Court Sitting as Juvenile Court, shall Not Be Considered as a Conviction and said Delinquents shall Not Be Considered as Crim- inals as a Result of Said Convic- tion or Adjudication of Delinquency, and Shall Not Operate to Impose any Civil Disabilities by Said Convic- tion. Be It Enacted by the Legislature of The State of Florida: Sec. 1. ADJUDICATION IN JUV- ENILE CASES NOT A CONVIC- TION—An _ adjudictaion in the case of any delinquent child as defined by Section 3684 of the Compiled General Laws of Florida of 1927, by a Juve- nile court Judge, or the county judge sitting as a juvenile court, shall not be considered a conviction by the said judge or court, and said delin- quent child shall not be considered as a criminal as a result of such adju- dication. Sec. 2. ADJUDICATION SHALL NOT OPERATE TO IMPOSE CIV- IL DISABILITIES—Nor shall such adjudication operate to impose upon said delinquent child any of the civil disabilities ordinarily imposed by conviction. Se ‘All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Sec. 4, This Act shall take effect immediately on its becoming a law. a by the Governor May 15, 1939. CHAPTER 19071 AN ACT to Amend Section 19 of Chapter 10,096, Laws of Florida, Acts of 1925, the Same Being Entitled “Tn Act Relating to Corporations,” So as to Provide That Any Trus- tees or Trustees in Any Voting Trust Shall Not Have the Right as Such Trustee or Trustees, to Vote Said Stock Held by Such Trustee or Trus- tees for the Purpose of either in- creasing or Reducing the Capital Stock of Such Coporation, Unless Such Right Is Expressly Conferred in Said Voting Trust Agreement. Be It Enacted by the Legislature of The State of Florida: Sec. 1. That Section 19 of Chapter 10,096, Laws of Florida, Act of 1925, be and the same is hereby amended to read as follows: “Sec. 19. VOTING TRUSTS—A stockholder, by agreement in writ- ing, may transfer his stock to a voting trustee or trustees for the purpose of conferring the right to vote thereon for a period not ex- ceeding ten years upon the terms and conditions therein stated; pro- vided, however, that no Trustee or Trustees heretofore or hereafter so appointed for the purpose of con- ferring the right to vote such stock transferred to him or them shall have the right to vote such stock for the purpose of either increasing or reducing the capital stock of such corporation, unless said agreement shall expressly give said Trustee or Trustees such rights. Every other holder of stock of the class or class- es so transferred, or for the trans- fer of which such agreement in writing provides, may transfer his stcok to the same trustee of trustees and thereupon shall be a party to such agreement. The certificate of stock so transferred shall be sur- rendere’ and cancelled and new cer- tificates therefor issued to such trus- tee or trustees in such manner that it shall appear that they are issued pursuant to such agreement and in the entry of such ownership in the proper books of such corporation that fact shall also be noted, and thereupon such trustee or trustees may vote upon the stock so trans- ferred during the term of such agree- ment and so long as such stock con- tinues to be registered in the names of such trustees. A duplicate of every such agreement shall be filed in the office of the corporation and at all times during such term be open to inspection by any stockhold- er or his attorney, subject, however, to the limitations provided in Section 58 of this Act with respect to the inspection of the stock books of the corporation.”” Sec. 2. This Act shall take effect immediately upon its passage and approval by the Governor or upon its becoming a law without such ap- proval. <r by the Governor May 17, CHAPTER 19072 AN ACT Referring to Corporations and the Restoration of the Coporate Privileges and Coporate Entity of Corporations Dissolved by Operation of Law for Failure to Pay the Cap- ital Stock Tax, and Prescribing Con- ditions for Such Restoration. Be It Enacted by the Legislature of The State of Florida: Sec. 1. That any domestic corpo- ration which has been heretofore dis- solved, or foreign corporation which has had its permit to do business within the State of Florida cancel- led by operation of Chapter 16880, Acts of 1935, Laws of Florida, for failure to pay capital stock tax,’ may have its corporate entity restored or its permit to do business in Florida restored upon the following condi- tions: ~The payment to the Secretary of State three years capital stock tax due by said corporation at the time of dissolution or having its permit cancelled, and by filing with the Secretary of State the reports called for under the Capital Stock Tax Law. The receipt of the Secretary of State shall be issued for such payments and in such cases shall recite that the said corporation has been fully restored to corporate entity or its permit to do business in Florida fully revived and restored, and the said restoration shall have effect ab in- itio from date of dissolution of such corporation. Sec, 2. Said corporation shall be due for capital stock tax from the date of such restoration the same as if incorporated on that date or permit issued on that date. _ Sec. 3. This Act shall be. in effect from the date it becomes a law un- til July Ist, 1940, after which time it_shall be of no further force and effect. tia by the Governor May 17, CHAPTER 19098 AN ACT to Amend Section 11 of Chapter 15908 Laws of Florida, 1933, +Being An Act Regulating the Busi- ness of Building and Loan Associa- tions in This State. by Providing That Joint Savings Share Accounts, joint Investment Share Accounts, and Joint Stock Accounts, Whether Made in a Building and Loan Asso- ciation or a Federal Savings and an Association, May Be Paid to Either of Such Joint Holders or erabers. Be It Enacted by the Legislature of ed ante of Florida: ter 15908, Laws of Florida, 1933, be- That Section 11 of Chap- the ing an act regulating the business of Building and Loan Associations in this State be and the same is here- by amended to read as follows: “Section 11. When a stock account, savings share account, or invest- ment share account has been made, or shall hereafter be made, in any Building and Loan Association or Federal Savings and Loan Associa- tion transacting business in the State of Florida. in the names of two or more persons, payable to either or both, or payable to either or the survivor, such account. or any part thereof, or any dividend thereon, may be paid to either of said per- sons, whether the other or others be living or not; and the release or quittance of the person so paid shall be a valid and sufficient release and discharge to the Building and Loan Association or Federal Savings and Loan Association for any payment so made: Provided, that this section shall not apply to any account the title to which is being litigated at the time of the passage and approval of this section. Sec. 2. All laws and parts of laws in conflict with this Act are hereby repealed. Sec. 3. This Act shall take effect peoctacls upon its becoming a aw. Approved by the Governor May 19, 1939, CHAPTER 19106 AN ACT to Amend Section 13 of Chapter 14832, Laws of Florida, Acts of 1931. being: ‘“‘An Act to Provide for a State Racing Commission; to Prescribe Its Powers and Duties, and to Fix the Compensation of Its Members; to Provide for Holding Referendum and Recall Elections in Any County to Determine Whether Racing Shall Be Permitted or Con- tinued Therein; to Provide for Li- censing and Taxing Such Racing and Apportioning the Moneys De- rived Therefrom Among the Several Counties of the State; to Provide for and Regulate the Making of Pari- Mutuel Pools Within the Enclosure of Licensed Race Tracks; Providing Certain Penalties for the Violation of This Act; and for Other Pur- poses Relating Thereto,”” so as to Provide an Alternative Method Dis- tribution of the Moneys Derived from the Licensing and Taxing of Racing in This State in the Event the Dis- tribution and Use Thereof as Now Provided Be Held Ilegal by the Su- preme Court of This State; Declar- ing Such Alternative Déstribution and Use Thereof Be for a State Pur- pose; and Prescribing the Duties of Certain County Officials with Re- spect to Said Funds. Be It Enacted by the Legislature of the State of Florida: Sec. 1. That Section 13 of Chapter 14832, Laws of Florida, Acts of 1931, shall be and the same hereby is am- ended so as to read as follows: “Sec. 13. When the moneys men- tioned in the precedine section have been transmitted to the County Com- missioners of the several counties of the State in accordance with the provisions of this Act, the County Commissioners of the said several counties shall have the power and discretion to determine whether such moneys, or any part thereof, shall be converted into the county school fund, or to some other lawfully au- thorized fund or funds, or shall be equally or otherwise apportioned to any two or more of such funds; pro- vided, however, that if the Supreme Court of this State shall hold the foregoing use of said moneys men- tioned in the preceding section to be an illegal use of the same, then said funds so remitted to the several counties of this State shall be held by the respective County Commis- sioners in a fund to be designated Special Road Fund, to be used by and under the direction of the Board of County Commissioners of each County, who are hereby designated exofficio agencies of the State for the purposes of this Act, for one or more of the following purposes which are hereby expressly recognized and declared to be proper State objects, and the expenses thereof incurred for a general and State purpose: (a) For the construction and mainte- nance of those State Roads, or either of them within such County as have not been taken over for maintenance by the State Road Department of this State; or (b) The whole or any part of the moneys so remitted may, by resolution of the Board of Coun- ty Commissioners of each, be paid over by the County Commissioners for use by the Board of Public In- struction of such County, to be used by such Board of Public Instruction in payment of teachers’ salaries or in payment of cost of transportation of pupils in the public school sys- tem of such County; provided, that in those instances where, by vir- tues of any local special law, now in force or hereafter enacted, any por- tion of such funds are earmarked for use by the Board of Public Instruc- tion of any County of this State, the County Commissioners shall, upon receipt of such funds, remit the pro- portionate allocated part thereof to such Board of Public Instruction, and the money so remitted shall be used for the exclusive purposes aforesaid; provided, further, in those 1939. instances where any other method of remittance is prescribed by local or special law, then such method shall be followed.” Sec. 2. This Act shall be liberally construed, and if any portion thereof be declared invalid the same shall not affect the remaining provisions hereof. Sec. 3. This Act shall take effect immediately upon its passage and approval by the Governor or upon its becoming a law without such approval. a by the Governor May 20, CHAPTER 19059 AN ACT to Amend Chapter 17,765 of the Laws of Florida, Acts of 1937, the Same Being An Act Fixing the Time of Holding the Regular Terms of Circuit Court of the Fifth Ju- dicial Circuit of Florida, Composed of Lake. Marion. Citrus, Hernando and Sumter Counties. Be It Enacted by the Legislature of the State of Florida: Sec. 1. That Section 2 of Chapter 17.765, Laws of Florida, Acts of 1937, be amended so as to read as follows: Sec. 2. The Spring Term of the Circuit Court of the Fifth Judicial Circuit shall be held in the respec- hed counties of the Circuit as fol- lows: Hernando County—Ist Tuesday in March. i County—3rd Tuesday in March. Sumter County—ist June. Lake County—1st Tuesdav in May. Marion County—ist Tuesday in April. The Fall Term of the Circuit Court of the Fifth Judicial Circuit shall be held in the respective counties of the circuit as follows: Hernando County—Ist Tuesday in September. Citrus County—3rd Tuesday in Sep- tember. Lake County—ist Tuesday in No- vember. Marion County—1st Tuesday in Oc- tober. Sec. 2. This law shall take effect on_August 1, 1939. Sec. 3. All laws and parts of laws in conflict herewith are hereby re- pealed. Approved by the Governor May 15, 1939. Tuesday in CHAPTER 19174 AN ACT Prescribing and Regulat- ing Certain Fees to Be Allowed and Charged by County Judges; Provid- ing That Fees for Similar Services by County Judges and Clerks of the Circuit Court Shall in All Respects Conform and Shall Be the same as Fees Nor or Hereafter Allowed by Law to the Clerks of the Circuit Court. i WHEREAS among the various services required by law of County Judges and Clerks of the Circuit Courts there are certain services of said officials which are identical in kind and for which different and in- consistent changes are allowed by the respective laws applicable to said offices. and WHEREAS the fees for all iden- tical types and similar items of serv- ices required by law to be performed by the County Judges and Clerks of the Circuit Court of the State of Florida should conform and be the same, Now. Therefore, Be It Enacted by the Legislature of the State of Flor- jaz See. 1. ‘That from and after the passage of this Act and upon its be- coming a law, the fees and charges for like or similar services required by law to be performed by County Judges and Clerks of the Circuit Court shall in all cases be the same as the fees and charges now or hereafter allowed by law to the Clerks of the Circuit Courts of the State of Florida for such services: Sec. 2. All laws and parts of laws in conflict herewith are hereby re- pealed. See. This Act shall take effect immediately upon its approval by the Governor or upon becoming a law without such approval. Anproved by the Governor May 29, 1939. CHAPTER 19114 AN ACT To Provide for Impound- ing of All Excise and License Taxes Now or Hereafter Levied and Col- lected by the State of Florida from the Operation of any Race Track or Game of Jai-a-Lai or Pelota, or Pari-Mutuel Pools Conducted in Con- junction Therewith, in the Event the Ar-ortionment and ___ Distribution Thereof as Now or Hereafter Pro- vided by Law is Held to Be Invalid by the Supreme Court of the State, and Requiring the State Treasurer to Hold Said_Tax Moneys in a Special Fund to Be Retained by Him and to Distribute the Same Only in such Manner and at Such Time as Pre- scribed by the Legislature of this State. Be It Enacted by the Legislature of the State of Florida: Sec. 1. That in the event the Su- preme Court of the State of Florida should hold invalid the apportion- ment and distribution as now or hereafter provided of any part or all of the excise or license taxes now collected by the State of Flor- ida incident to the operation of any race track or of the game of Jai-a- Lai or Pelota, or Pari-mutuel pools conducted in conjunction therewith, then all such funds levied and col- lected by the State of Florida from the operation thereof shall be held in a separate fund by the State Treasurer of this State, such fund to be known and designated as the Spe. cial State Racing Commission Fund. until such time as the Legislature of this State shall authorize the distri- bution thereof. and the said fund so ggebounded shall not be subject to sfer, temporarily or permanent- ly, to any other fund. Sec. 2. All laws and parts of laws in conflict herewith are hereby re- pealed. Sec. 3. This Act shall take effect upon its becoming a law. a by the Governor May 23 CHAPTER 19115 AN ACT to Amend Section 1526, Revised General Statutes of Florida’ 1920, Relating to the Transfer of Money from One Fund to Another Fund in the Annual Budgets of Counties. Be It Enacted by the Legislature of the State of Florida: Sec. 1. That Section 1526, Revised General Statutes of Florida, 1920, be and the same hereby is amended to read as follows: “1526. It shall be unlawful to transfer the money or any part thereof df one fund to another fund, or to pay from one fund the expendi- tures legally payable from another fund. except by resolution of the Board of County Commissioners, which said resolution must be ap- proved by the State Comptroller; and the county treasurer shall not make any transfers of money from one fund to another except upon a reso- lution duly approved as provided for above. In case of any question aris- ing as to the proper fund from which any expenditure should be paid, the decision of the State Comptroller shall govern. Provided, that the provisions of this Section shall not apply to any moneys or part thereof which may be allotted, distributed, transferred or paid under Chapter 14832, Laws of Florida, Acts of 1931, as the same shall have been or may hereafter be amended.” Sec. 2. This Section shall be lib- erally construed, and if any portion thereof shall be declared to be in- valid for any reason the same shal: not affect the validity of the remain- ing portions hereof. Sec. 3. This Act shall take effect upon its becoming a law. Approved by the Governor May 23, CHAPTER 19116 AN ACT To Allow the Bringing of a Bill of Complaint in Chancery to Quiet the Title to Real Estate, and to Preclude a Wife or Heirs from From Claiming Her Inchoate Dow- er or Other Interest in Real Estate Conveyed by a Husband as a Single Man, Where the Said Husband and Wife Have Not Lived and Cohabited Together as Husband and Wife for a Period of Thirty Years, and Dur- ing the Said Period of Time the Said Husband Has €onveyed Real Estate as a Single Man, Which Said Real Estate Has Come Into the Hands of Innocent Purchasers for a Valu- able Consideration Without Notice to the Said Purchasers That the Said Husband Is Married or Ever Was Married. Be It Enacted by the Legislature of the State of Florida: _ Sec. 1. That a Bill of Complaint in Chancery may be brought to quiet the title to property in the State of Florida and to preclude any wife from claiming any dower interest or any heirs claiming any interest to property located in the State of Flor- ida when the statement of facts ex- ists that is set out in Section two hereof. Sec. 2. That when any husband and wife have not lived and cohab- ited together, as husband and wife for a period of thirty (30) years or more, and during the said period of time the said husband has conveyed real estate located in the State of Florida, as a single man, and where the said real estate has come into the hands of purchasers for a valu- able consideration. without notice of the fact that said husband was in fact a married man at the time he conveyed said real estate as afore- said, and where the said purchasers in acquiring said property for a val- uable consideration, have relied on the acknowledgement to deeds by the said husband to the effet that he was a single man, and it after- wards became known that he is and ‘was a married man at the time he so deeded said property, and has never been divorced and refuses to voluntarily get a divorce to clear the title to properties so deeded by him as a single man, so as to pre- clude his wife from claiming any in- choate dower interest therein, and his heirs from claiming any interest therein. and where the title to, the property so deeded by him as such single man has passed into the hands of purchasers for valuable considera- tion, without notice of the fact that he was married, as aforesaid, and when the wife has never lived in the County where such property was loca.ed. with the husband as his wife. and has never asserted any in- choate right to dower in said real estate, such inchoate right to dower is hereby divested and removed, and for all purposes terminated, and is a cloud on the title to said real es- tate. and the purchaser of ch prop- erty so deeded by the husband as such single man under the afore- stated facts. shall have the right to bring a bill in Chancery to remove the said cloud on the title and to prevent his wife or heirs from ever claiming any dower interest or any other inetrest from such purcha: for valuable consideration witho notice of the fact of such marriage and from their successors in title: And the Chancery Court, shall, when the above facts are proven in sup- port of such Bill brought by such purchasers, render judgment in favor of such purchasers as Complainants, and decree that the wife and heirs of the husband are forever barred and perpetually enjoined from ever claiming any interest to the propert arising out of dower or ‘otherwi: and that the fact that the wife never joined in the execution of the deeds by which the husband deeded th said property as a single man under the facts above stated. will not be effective to reserve an inchoate right of dower in the property held by such innocent purchasers, and the Chan- cery Court shall so decree. Sec. 3. This Act shall take effect immediateuly upon its passage and bein approved by the Governor. Approved by the Governor May 1939, CHAPTER 19121 AN ACT to Amend An Act titled “An Act to Provide for Incorporation of Benevolent Mutue Benefit Associations or Societi the A. nt Plan Organized the Purpose of Benefiting and Pro- tecting Mem in the C Dismemberment. and to the En Benefiting Widows, Orphans, hi Devisees and Estates of Dee Members Thereof; Providing for the Method of Incoporation of Such As- ociations and the Regulations and Control of Such Associations a: be Incoporated Under the Te is Act. and Requiring Thos: ociations or Organizaitons Doing Similar Business in the S Florida to Be Incoporated Und Terms of This Act, and Providing a Penalty for Failure thorizing the State T: amine into the Solvency and Opera- tion of Such Asssociations Incorpo- rated or Reincorporated Under the Terms of This Act; Providing for a Valuation of Certificates and Provid- ing for a Reserve Fund, Providing for the Payment of All ‘Benefits in Cash Only; Providing for General State Supervision and Control of Be- nevolent M Benefit _Associa- tions or Societies That May Ee Here after Operated in the State of Flor- ida, Subject to the Terms of Thi: Act, on the Assessment Plan,” Be ing Chapter 15885, Laws of Florida, Acts of 1933, by Amending Section 5 Thereof; And by Repealing Section 2 of Chapter 16802, Laws of Flor- ida, Acts of 1935, Being an Amend- ment of Said Section 5, of Chapter 15885, Laws of Florida. Acts of 1933, and Repesling Conflicting s acted by the Legislature of State of Florida: Sec. 1. That Section 5 of Chap 15885, Laws of Florida, Acts of 19: be and the same is hereby amended to read as follow: Sec. 5. DEPOSITS WITH THE STATE TREASURER.—All associa- tions authorized to operate and do business under the provisions of this Act shall deposit with the State Treasurer in cash, United States Bonds, or bonds of any county or any municipality of the State, to be approved by the State Treasu i the sum of Five Thousand ( Dollars. market value, Twenty-five Hundred ($2,500.00) Dollars of shall be deposited upon the issaunce of the permit and the balance in the next succeeding twelve equal month- ly payments. A failure to pay any such monthly payment shall be cause for devocation of the permit: by the State Treasurer, and evéry associa- tion operating under, or organized by virtue of, the provisions of this Act, shall create and deposit with the said State Treasurer a further guar- antee reserve fund as of January Ist of each year which fund shall be raised by an extra assessment of One ($1.00) Dollar per annum on each individual certificate, family- joint certificate or family group cer- tificate. policy, or contract of One Thousand .000.00) Dollars, — or fractional part thereof. Such’ fund shall be deposited and maintained Treasurer in cash ass of securities re- law for the investmenis of life insurance companies organ- ized under the laws of this State. In case of emergency, and subject at all times to the approval of the State Treasurer, such association shall be permitted to draw upon said guaranty fund to pay valid and ap- proved claims, but in no event shall the same be drawn against for the said purposes in any one year in a greater amount than the estimated reserve to be put up during the said year. In the event the Association should become insolvent or for any reason be taken over by the In- surance Commissioner for liquida- tion, all such reserve hereby created, together with the first vear deposit of Five Thousand ($5,000.00) Dolla: shall be held and disbursed by the Insurance Commissioner for the benefit of the policy or certificate or contract holders, or claimants there- under. as their legal rights may be made to appear. Any unsettled judgment of a court of competent jurisdiction within the State of Florida shall be a lien on such guaranty fund, and a failure of any final judgment or decree ob- tained against it in this State shall be cause for revocation of its per- mit or authority by the State Treas- urer to transact business in this State. Sec. 2 That Section 2 of Chapter 16802. Laws of Florida, Acts of 193 being an amendment of Section $ of Chapter 15885, Laws of Florida, Acts of 1933. be and the same is hereby repealed. Sec. 3. All laws or parts of la in conflict herewith are hereby ex- pressly repealed. See. 4. This Act shall take effoct immediately upon becoming a law. Approved by the Governor May 28, En- CHAPTER 19112 AN ACT Providing for the Crea- tion of a Firemen’s Relief and Pen- sion Fund in Certain Cities and Towns of the State of Florida Not Now Having an Established Similar Fund; Creating a Doard of Trustees in Such Municipalities Administer the Fund; Designating the Powers and Duties of Such Board; Pre- sribing Who Shall Receive a_Pen- sion or Relief out of the Newly Created Pension Funds; Authorizing Certain Cities and Towns to Levy and Impose an Excise or License Tax on the Gross Receipts of Cer- tain Insurance Companies on_ all Permiums Collected on Fire and Tor- nado Insurance Policies Covering Property Within Such Cities and Towns; Requiring a Certified Copy of the Ordinance Imposing Such Tax to Be Deposited with the State Comptroller and Treasurer; Provid- ing That Such Tax When Imposed and Paid Shall be Credited on the State Tax Imposed on Such Insur- ance Premiums; Creating a Special Fund for the Reception of Such Taxes: Providing for the Deposit, Appropriation and Disposition of the eeds Derived from Such Taxes and Prescribing the Duties of Cer- tain Official: Including the State Treasurer as Treasurer and Insur- ance Commissioner, With Reference Thereto; Requiring Certain Insurers to Make Annual Reports to the State Treasurer and Repealing all Laws in Conflict With this Law. Be It Enacted by the Legislature of the State of Florida: oe 1 That there is hereby creat- ed a special fund to be known as the Firemen’s Relief and Pension Fund, exclusively for the purposes pro- vided in this Act, in each incorpo- rated city or town of this State, heretofore or hereafter created, which now has or which may here- after have a regularly organized fire department and which now owns and s or which may hereafter own and use equipment and apparatus of a value exceeding five thousand dollars in serviceable condition, for the exitinguishment of fires, and which said city or town does not presently have established by law a similar fund. Sec. 2. That in each municipality described in Section 1 of this Act, there is hereby created a Board of Trustees of the Firemen’s Relief and sion Fund. Such Board of ‘Trus- hall consist of the Mayor, or sponding officer when the mu- nicipality do not_have a Mayor, the Chief of the Fire Department, and a regularly employed Fireman of the municipality to be chosen by the legislative body of the munici- pality upon recommendation of a ma- jority of the regularly employed firemen of the municipalit: The Mayor, or corresponding officer, and the Chief of the Fire tment Us s long as they shall con- d office as Mayor or respectiv and upon a va- fice of Mayor or pective successors » position of Trus- 5 F an shall be Trustee for the period of two years, unless he sooner leaves the employ- ment of the municipality as Fire- man, whereupon the legislative body of the municipality upon recommen- daiton of a majority of the regularly 7 joyed _ fireme! thereof, _ shall choose his_ succsesor. The’ Mayor shall be Chairman ¢ » Board and the Chief shall b cretary of the Board and keep a complete min- ute book of the proceedings of the Board. The Trustees shall not re- ceive any compensation as such Sec. 3. That Board of Trus- tees shall have and author- ity: (a) United th pow To interest bearing the _ surplus invest States _ bonds. funds of tne Firemen's Relief and Pension Fund, and the accretion shall become part of the fund, and the City Treasurer or Depository shall keep such bonds. (b) To issue drafts upon the Firemen’s Relief and Pension Fund pursuant to this Act and rules and regulations prescribed by the Board; all such drafts shall be consecutively numbered, and be signed by the Chairman’ and retary and shall state upon their faces ihe purposes for which the drafts are drawn., The City Treasurer or Depository ‘shall retain such drafts, when paid, as permanent vouchers for disburse- ments made; and no money shall be otherwise drawn from the fund. (c) To finally decide all claims to relief under this Act and under the Board's rules and regulations. (d) To convert into cash any se- curities of the fund ‘e) To keep a complete record of all receipts and disbursements and of the Board's Acts and proceed- ings. Sec. 4. That_the Firemen's Relief and Pension Fund in each munici- pality described in Section 1 of this Act | be created and maintained in the following manner: (a) By the net proceeds of the one per cent. (1%) excise or license tax which may be imposed by the respective cities and towns upon certain insurance companies or oth- er insurers against loss by fire and tornado on their gross receipts of premiums from holders of policies which policies cover property with- in the corporate limits of such mu- nicipalities as is hereinafter express- ly authorized. (b) By two percent, (2%) of the alary of each fireman duly appoint- ed and enrolled as members of such Fire Departments, which shall be deducted by the ‘municipality and paid over to the Board of Trustees of the respective municipality where- in such fireman is employed, and no fireman or volunteer fireman shall have any right to said money so paid into said fund except as provid- ed in this Act. (c) By all fines and ‘forfeitures imposed and collected from any fire- man because of the violation of any rule and regulation promulgated by the Board of Trustees. (qd) By two per cent. (2%) of the monthly pension which may be al- lowed to any retired fireman under the provisions of this Act. (e) By all sums derived by direct millage assessments in cities and towns now or hereafter levied under laws authorizing or which may here- later authorize the levying and col- lection of a special tax for the aug- mentation of such Firemen's Relief and Pension Fund. (f) By all gifts, bequests and de- vises when donated for the fund. (zg) By all accretions to the fund by way of interest on bank deposits or otherwise. (hy) By all other sources of in- come now or hereafter authorized by law for the augumentation of such Firemen's Relief and Pension Fund. Sec. 5. That each city or town in this State described and classified in Section 1 hereof, as well as each other city or town of this State which. at the time this Act becomes effective, has a_law- fully established Firemen’s Relief and Pension Fund, or a City Pension Fund for Firemen and Policemen including particularly the municipali- ties of Jacksonvile, Miami, Tampa, Pensacola. St. Petersburg and Miami Beach, is hereby authorized to assess and impose, on every insurance com- pany, corporstion or other insurer now engaged in or carrying on or who shall hereafter engage in or carry on the business of insurance against loss or damage by fire or tornado, an excise or license tax, in addition to any lawful license or ex- cise tax now levied by each of said towns respectively, amounting to one per cent. (1%) of the gross amount of receipts of premiums from policy holders on all premiums collected on fire and tornado insurance policies covering property within the cor- porate limits of such municipalities, respectively. Said excise or license tax shall be payable annually on the first day of March of each year after the passing of an ordinance assess- ing and imposing the tax herein au- thorized. Every insurance company, corporation or other insurer paying such tax shall receive credit for the amount threeof, when paid, on the amount payable by such insurer to the State of Florida for the similar State excise tax now imposed by other provisions of the laws of the State of Florida, provided, however, that this Act shall not be construed to require the payment of an excise tax by any insurance company that does not now pay such tax. Sec. 6. Whenever any city or town shall pass an ordinance assess- ing and imposing the tax as autho- rized in Section 5 hereof, a certified copy of such ordinance shall be de- posited with each the Comptroller and Treasurer of the State of Flor- ida, and thereafter every insurance company, corporation or other in- surer carrying on the business of insuring against loss or damage by fire or tornado, on or before the suc- ceeding first day of March after date of the passage of said ordinance, shall report fully in writing and un- der oath to the Comptroller and to the Treasurer_ as Insurance Commis- sioner. a just and true account of all premiums of such insurer re- ceived for fire and tornado insur- ance policies covering or insuring any property located within the cor- porate limits of such municipality during the period of time elapsing between the date of the passage of in incorporated