The Key West Citizen Newspaper, September 7, 1939, Page 18

ysis or change the ingredie any brand of his or their commer- cial feed during the term for which registered. unless satisfactory 1é sons are pre regular * of bu cars 808" d « n this e nsportation, ge of an} have the commrecial feeds ther ‘om for prescribed Commission- cause to be at least one sam. every commercial offered or exposed cial feed uiture nnually taken of sold 2 Commissioner and/or feed proper! nated or all be the main provis- package n ten in the lot off I packages for_th rom package » bulk not te ot exc! expe ions from om 2 any If the mple darger is s shall b that ded apling ficiently tc different place: ons are to be take 3 as practicd thus procur required, it d and quarte a Y table size ren if d, shail and shail iner reques wo parts of said if requested, shall b the person parent feeds. 2 sampling d goods, 2 fron ess in the | ufficient for aid State or cau 0 be ected bia ealed, ed dor one entire can or h twenty all be deem the Ze. and th ult of such analvsis, t ler with additional information thi Chemist y mn ad Hl be fp transmit nuf and to possession nd may uiletins manufac- le for + 8 OF The onsi he mouity arket, or ep ist W » dealer ion the upon reques thin ten days cial Am: upon any said sam aid sample » notified to be | ulations as may b of the provision mmissioner of Ag- hearing, it d_under i re appears that scribed by th riculture. After of this Act have been violated, the mmissioner of Agriculture ‘shall » facts to the proper pros ney and furnish that a copy of the r f the other examination of ly authenticated t other officer making inder the oath of however, in sor uch shall be be seized inspector 1 to th at public expen: shall r¢ r the Stat laced to the cre al Inspection Fund Any manufacturer. firm son for te ithout havin stamp: the provi shall ch if ation h officer; pr case of th s. no crimi but the shail it the Gene Sec. 16. porter, jobber tion, or pe or expose im ciation, cor- who shall sale, tr any ‘commere r require second time. such tax stamps or use a stamp or tag not quire from the Comm of Agriculture, or who shall or transfer a stamp ther, without written the Commissioner of or who shall impede, obstruct. hinder or otherwise prevent or attempt to prevent said Commis of Agriculture, or his authc agent. in the performance of juty in connection with the ions of this Act, or who shall distribute in thi ate any comme cial feeds defined this witho: ments offer port feed cent who amps counterfeit of in or in this which c m of crude pro! phosphorus trans- ommercial smaller per in, crude fat, or iodine, or centum of crude fiber n is certified to be contained or who shall fail to prope name of each and ev used nufactu commerc false or mi pon_ or ched false or mis- leading statement regarding its feed- ing value is made on the packa by the corportaion, firm or indiv ual registering or if the number of forth ‘upon the pac rect. or who shail provision of thi ed guilty of a mi conviction the more than fifty the first violation who ed which to the pac be deem- anor and upon 1 be fined not 00) doll nd not le: jobber, ‘ corporation or per son who shall sell or transport an: adulterated feeds, or feeds lac im constituent elements guaranteed im the registration of such feeds, or any feeds mixed or adulterated with any substance or substances injur- jous to the health of live stock or poultry shall be deemed guilty of a misdemeanor and after conviction on said charge in addition to the pen- alty provided in this Section, the lot of feeds shall be seized by the sher- iff of the county in which found and held until after trial and should the Defendant be adjudged guilty, the feeds shall be sold by the she: iff or destroyed as the trial Judge 2 shall determine, the proceeds from such sale to be sent by the sheriff to the State Treasury the General Inspection I Court may, in its discretion, the feeds so s when Act have the been payment of § neurred by eedings con nalytical of th tate Che Cher ces: force by the ate hall be 0.00. pe be done st employ e may to carry ahy of of Agriculture to perfor vut the and 3 held in of the rer the applicability ons and circum- affected rd per be ther s Act sha the Governor ompetent Pre nd Upon and to Re Suits slature of ye this hall person and_ physical! obtain and dd persons e been found for who Court oh pol A or of the Estate or a Guaré and an such writ tions, erved (1) sumi to bi or th to be dian or or cust ine in furthe nons UX present process ‘or ad Litem may be where such Guardian irily. appear r in which he may ed to act as Guard rvice of ave been appoint- an ad Litem for etent pers cl person m behalf forth and wh is filed it shall not to issue a summons dian ad Lite d Litem a on bt mpetent such at the fore annou! no fur and waive time allowed Sourt uch testimony the remainder by law for the of testimony, Whereupon the tes mony may be closed and the Mast may forthwith file his report in uch suit such Guard on behalf of such inse dant defend. ner to an Avproved by 29, 1939. SHAPT: AN AC’ Revised ( same bein: General I lating Com: sary It Section of Florid: Power of the to Require ete the Legisiature of w to the oners Facilities, Enacted 1 nd the wer to r have require any or operate portation line all the neces fac convenient an ompt ‘ansportation and deliver " offered along its id provide facilities, shall hority to railroad com to properly trar rs power any rail con its ra and road or an tr to furni the prc and de and shall for any to common nd the r by mpany or such ec ithin thi > of offered f from ny point iving the freight and prescribe e of all such s to ansfer as y . y other j enger ain each way daily Prov after Rail- ui shall pr as in their opin ion the public need doe, such service will be cient until the C otherwise order. herein contained limitij right of the equire of all ri on as they interest 0} hall dee best the pub- All laws and parts of laws in conflict herewith are hereby repealed 3. This Act to go into eff tely upon its becomin Approved by the Governor May . 1939. CHAPTER AN ACT to Amend Chapter 14899, Laws of Florida, Acts nded by Section 1 Laws of Florida, to Amend Section Laws of Flor 19190 Section 1 of Acts tion Are_Incon- and to of Witne: and FE npulsol Proc s 1 of Chapt . Acts of 1931, Chapter 1935, d S. When following terms ext. other i follow. hall include tock or othe or ri eement, n oil, mining to partici certifi pre or nent litle ate or- any ganization ganization subs erable sha comm uding bond deben- * receipt for security ption a security (2) ‘Person’ shall include a natu person, a corporation created und the 1. 8 of is or any other state, country, sovereignty or political sub- division’ thereof, a partnership soc on, a joint stock com. trus cd y ganization or pointed st will and of law or ec itable trust le positio: ent, or by pub- hall attempt or intere: Any seg with, any include to_dis- in a ity giv a bonu. > of shall sumed to con- subject of such ever pose or of ty purch other x pr of the ttemnt a solicitation of a an offer to sell di- or a cireula otherwise e pertainin; ® holder the hall not be d E urity within the mez definition and such pr not be construed E but when all version shall be itations h ction (h) of ic vided further that the fer of a ri in. y and entit to subscri! subiect to thi din nd e or tr ing to a s holder of another s pro- ns such to secur- perta shall deemed a sale of other secu within the of this ion E shall not cons efin! be fecting to which ation un Act; but the s on the ex- be sub- of this A 1 include every a salesman who for all or part or through an of selling any person » acquiring other for them or of to the ‘De oth ject @) person in this > engage of this time direc agent in the busine securities issu or purchasing « y than , buying, selling or other ng or trading in securi- ent or principal or a com- or at a pr or who quotation any secur purchases chases or vided t not include of busines or offer or pts margins or or pretended pur- world son having no place who sells exclusive- ealers actually en- ing and selling se a business. Provided fur ther, that the word ‘dealer’ shall in- clude erson or persons, as- tnership and/or’ cor- sing bonds in lieu of mon- the payment of taxes or in ption of delinquent taxes tificates, except taxes a ssed against the p s persons, nership or corpc ‘Issue all clude every mean and in- who proposes to 1 hereafter Any pet pel issued ecurity, ion who on be- association or partner- kind to be formed shall 1 include every than a dealer, sponited or autho- or issuer, to sell manner in this rs of a partner- natural person, employed or ed by a_deale any utive office r other as: a dealer n the me not be sales- men with ning of this def- inition. 7) ‘Broker define Agent’ shall mean salesman in defined ‘Commission’ shall mean the securities commission of this State. shall be deemed rust instrument to hall mean dealer as t Section 5 of Chapter of Florida, Acts of 19: f Florida, Acts of 1935, is further amended ows That Section Five of 99, Laws of Florida, Acts i the same is hereby d lows: XEMPT TRANSACTIONS t as hereafter expressly pro- the s of this Act shall not apply to the sale of any security in any of the following transaction: (a) At any judicial, executor’s ad- rdian’s or conser- t any sale by a re- receiver or trustee in insolvency or bankruptcy. (b) By or for the account of a pledge holder or mortgage selling vided, or offering for sale or delivery in the ordinary course of busin and not for the purpose of avoiding the provisions of this Act to liquidate a bona fide debt, a security pledged in good faith as security for nh debt. (ch The sale of securities when made by or on behalf of a vendor not the issuer or underwirter thereof who being a bona fide owner of such ities. disposes of his own prop- y hi count, and si not made. directly or in for the benefit of ‘riter of such se scheme ent of violat provision of thi: e distribution _b: tion, actively engaged in the securities to its stockholders or oth- er securities holders as a stock div- orized by its charter, of ther distribution out of surplus; or the is: curities to the security creditors of a corporation in of a bona fide reorgan- such corporation made in 1 not for the ‘purpose the pi tion of ation of of avoiding Act, either i or the s : y holders or or partly change for aims of such se- or the stock old or distributed its own stockholders here no commission or ation is paid or given indirectly _in connection or distrit of by it exelus r, or delivery securities to any bank, s institution trust company, ance company, or to any corpor: f broker or de: such broker or dealer is saged in buying and sell- as a bu . oF one corpe another tion of th nection with a consolic cor note: jon real ¢ personal property where mortgage together with onds or n secured t aid to a single purchaser or mort ble tire of the by are at a sini (h) Bonds mortgage upon gible” personal 501 the all r secured by real estate or tan- property _ situated within the State of Florida where the bot or es are sold to not more twenty purchasers and the total f. mount of all bonds or notes ured by a sing mort- gage does not exceed ten thousand dollars, (i) The is n ue and delivery of any security in change for any other curity of the same issuer pur- suant to a right of conversion en- tithi the holder of the security surrendered in exchange to make such conversion provided that the security in exchange to make such conversion so surrendered has been registered der the law or wa when sold, exempt from the prov ions of the law and that security ied and delivered in exchange if at the con on price, would at the time of such conve within the class of securities entitled ratio by notification under Upon such conversion the ecurity surrender- nge shall be deemed at which the securities is- nd delivered in such exchange old Not exceeding twenty-five sub- ons for shares of the capital stock of a corporation prior to the incorporation thereof under the laws of this state when no expense in- curred, or © commission, compen- sation or remuneration is paid or given for or in connection with the sale or disposition of such securities. (k) The sale of its shar by any corporation organized under the laws of this state when the total number of shareholders does not and will not ‘ter such si exceed twenty and the total f amount or the total sale price of ch shares does not exceed ten and dollars; pro- vided that such securitie: ‘e is- sued and di: ed of for the sole account of the issuer in good faith and not for the purpose of evading of this Act. or distribution of se- any public utility ce ting in this state, or any public utility mentioned pub- utility which is subject to regu- lation by the Public Service Com- mission of any state or by the Inter- state Commerce Commission or by any other similar state or federal regulatory body, when such securi- tie are ‘exempt securities’ under tion 4 of this Act and unger such le or distribution is made by the corporation issuing such securities or @ny subsidiary thereof, through the employees of the public utility so operating in this state. (m) The sale of securities by a bank or trust company organized or incorporated under the laws of the United States, or this state, at a profit to such bank or trust company of not more than two per cent of the total price of such securities, pravided that there is no solicitation of this business by ch bank or trust company @vhere such bank or trust company s merely as agent sale of such se- ny of the referred i k transactions h to in sub- z ind I, of this sec- tion, ‘written’ notice is hereby re- quired to be given to said Florida Securities Commsision in advance of the sale of securities in such ex- empt transactions, such notice to be on forms prescribed by the Flor- ida Securities Commission and to contain such information as the Florida Securities Commission shall deem necessary to aflirmatively show particular transactions to be in fact exempt transactions under this sec- tion. Sec. 3. That Chapter 14899, Laws of Florida, Acts of 1931, be and the same is hereby amended by adding thereto a new section, in words and fi : follow: Cc. Whenever it posed to conduct an_ investigation, examination, or hearing under the provisions of Sections 10, 12, or 15, of the Uniform Sale of Securities Act. or any ame tions the Commission, man, may appoint an examiner, who shall be a discreet ‘son without or prejudice in said cause, to e the proof in the matter of de- Positions. The examiner shall have power to administer by oaths, ex- amine witnesses, rule on the admi sibility of evidence, subject to review by the court or ‘commission, give notices of the time and place of hearings, and adjourn the same from time to time and place to place, to report the testimony so taken’ in writing to the commission, and to certify to all of his acts. The ex- aminer shall give all parties a rea- sonable opportunity to present all pertitnent and revelant testimony and to cross examine all adverse witnesses; but may refuse, subject to review by the court or commis- sion, to hear cumulative or irreve- lant, incompetent or immaterial tes- timony unless the part offering it shall pay the expense incurred there- by in advance. Evidence of wit- nesses outside of the State may be taken by interrogatories in the man- ner prescribed by the regulations of the commission. The commission shall have power to define the rules of evidence applicable to such hear- ings, examintaions and_investiga- tions consistent with the due process of law. and a fair and impartial determination of the facts. The rea- sonableness of such rules shall be pro- ce appear subject to review by the court. Subpoenas for witnesses, whose evidence is deemed material to any stigation, examination or hear- ing, authorized by this Act, may be issued by the commission or its chairman and under the seal of the commission, or by any circuit clerk, county judge, or clerk of the county court or c@unty judge’s court, or examiner appointed hereunder, com- manding such witnesses to be or appear before the commission, the examiner, or any authorized repre- sentative’ of the commission, at a time and place to be therein named, and to bring such books, records and documents as may be specified, or to submit such bool records and documents to inspection; and such subpoenas may be served by such examiner, or authorized representa- tive of the commission, or by any sheriff or deputy. Where any wit- ness who has been served with a subponea fails or refuses to be or at the time and_ place named, or fails or refuses to an- swer any lawful questions propound- ed, or produce the books, records, or documents required, or who shall be guilty of disorderly or contumac- ious conduct at the hearing, the facts shall be made known to a cir- cuit judge of the county who shall forthwith issue an attachment for such witness, and cause him to be brought before said judge. Upon appearance, if the witness shall fail to purge himself of such failure re- fusal or conduct, the judge shall proceed further as in cases of con- tempt of court; and said witness shall pay the costs of said attach- ment. Witnesses shall be entitled to the same fees and mileage as they may be entitled by law for attending witnesses in the circuit court, ex- spt where such examination, inves- tigation, or hearing, is held’ at the lace of busin sidence of the witne shall be required to attend a hearing outside of the county wherein he resides, or may for the time be domiciled, without his consent, unless it be shown to a county or circuit judge that such person is attempting to avoid appearing as a witness. The fees of witnesses and officers shall be paid by the commission upon presentation of vouchers ap- proved by the examiner or represen- tative: and compensation of the ex- aminer shall be paid by the com- mission In hearings to revoke the license of any dealer or salesman under the provisions of section 12 of this Act, 2 copy of the charges against such dealer or salesman shall be served upon him by registered United States# mail. Such charges shall designate a time, not less than ten days from the date on which said copy of said charges is mailed as aforesaid, upon which date the deal- er or salesman may file written an- swer thereto. When issues of fact are thus made up, or when said dealer or salesman fails to file such nswer as aforesaid, the commi sion, to haer cumulative or irreve. rpeort the testimony so taken in examiner, as provided in this sec- to take the proof in the mat- by depositions and to report ame to the commission for deter- mination, Whenever testimony and evidence are taken before an examiner pur- suant to the provisions of this sec- tion, the examiner shall at the earl- iest possible time report such testi- mony and evidence to the commis- sion and the commission may there- upon proceed to determine the mat- ter involved without further hear- ing, unless it elects to hear the matter further. Sec. 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed. 5. If any portion of this hall be determined to be un- itutional and ineffective, it shall not affeffct other provisions, Sec. 6. This Act shall take effect immdeiately upon becoming a law. aol Beroved by the Governor, May CHAPTER 19194 An Act Authorizing and Empow- ering the Boards of County Com- missioners of the Several Counties of the Sttae of Florida to Pave and Maintain any Road, Byway, or Side- walk Adjacent to, or Running Thru the Property Belonging to Any chool District of Any County in the State of Florida Where the Ma- terial and Equipment Is Available for Such Paving or Maintenance, and Declaring the Paving or Mainten- ance of Such Roads, Byways, or Sidewalks to be a Public County Purpese; Providing for the Autho- rizati and Declaring ot Be a Pub- lic County Purpose the Planting and Maintenance of ‘Trees, Flowers, Shubbery, or other Beautifying Plants Upon Said School Grounds ‘Where the Plants and Material for Planting Are Available; Providing That Boards of County Commission- ers and Boards of Public Instruction in the Several Counties of the State Shall Be Authorized to Enter Into and Carry Out Such Contract or Agreement to be Made with the Others With Reference to the Coun- ty Public Purposes Declared in This Act; Repealing all Laws in Con- flict Herewith and Naming an ef- fective date for this Act. Be It Enacted by the Legislature of the State of Florida: Sec. 1. The Boards of County Commissioners of the State of Flor- ida are hereby authorized id em- powered to pave and maintalg any road, byway, or sidewalk adjacent to. or running through, the prop- erty belonging to any ‘school dis- trict or other public free school of any county in the State of Florida, where the material and equipment is available for such pe, or maintenance; and is it hereby de- clared that such paving, or mainte- mance. of such roads, byways or sidewalks is a public’ county pur- pose; providing that said Act upon the part of the Boards of County Commissioners is not required by this Act to be mandatory but discre- tionary. Sec. 2. The Board of County Commissioners of the several coun- ties of the State of Florida are here- by authorized and empowered to plant and maintain trees, flowers, shubbery, or other beautifying plants upon the school grounds of any school district, or other public free schools, in said counties where the plants, materials, etc., are avail- able, and the planting and mainte- nance of such trees, flowers, shrub- bery, or other beautifying plants are hereby declared to be public county purposes, Sec. 3. The Board of County Com- missioners and the Boards of Pub- lic Instruction of the several coun- ties of the State of Florida are hereby authorized to enter into and carry out such contracts, or agree- ments as may be made_ between them with reference to the above mentioned county public purposes described in Section 1 and Section 2 of this Act. Sec. 4. It is hereby declared to me the intent of the legislature to make it legal for Board of Public Instruction and Board of County Commissioners to cooperate together that the school grounds of the pub- lic free schools of the districts and the counties shall be of greater util- ity and more beautiful surroundings for the children, teachers and pa- trons of the schools by the use of county equipment and available county labor in such works, and Boards of County Commissioners and Boards of Public Instruction are authorized and empowered to do any and all things which may be neces- sary in carrying out the purposes of this Act. Sec. 5. All laws, or parts of laws, in conflict herewith are hereby re- —oe This Act shall become ef- S fective immediately upon its be- coming a law. Approved by the Governor May 30, 1939, . . ~CHAPTER 19201 AN ACT to Protect Good Will Rep- resented by Trade Marks, Names or Brands, Against Injury by Authoriz- ing Contracts Establish Resale Prices on Commodities Bearing them and Defining as Unfair Competition and Making Actionable Knowing]: and Wilfully to Advertise and Sell Such Commodities at Less than the Prices Established in the Contracts Authorized by This Act, Whether So Advertising and Selling is or is not a Party to Such Contract. Be It Enacted by the Legislature of the State of Florida: = * 1. The following terms, as in this Act, are hereby’ de- Sec. used PBS par a cr de ject of commerce. (b) “Producer” means any grower, baker, maker, manufactur- er, bottler, packer, converter, pro- cessor or publisher . (c) “Wholesaler” means any per- son selling a commodity other than a producer or retailer. (d) “Retailer” means any person selling a commodity to consumers for u: (e) “Person” imeans an individua!, a_ corporation, partnership, an asso- ciation. a joint-stock company, a business trust or any unincorporated organization. ; Sec. 2. No contract relating to the sale or resale of a commodity which baers, or the label or container of which bears, the trade-mark, brand, or name of the producer or distrib- utor of such commodity and which commodity is in free and open com- petition with commodities of the same general class produced or dis- tributed by other shall be deemed in violation of any law of the State of Florida by reason of any of the fol- lowing provisions which may be con- tained in such contract; (a) That the buyer will not resell such commodity at less than the minimum price stipulated by the seller. (b) That the buyer will require of any dealer to whom he may resell such commodity an agreement that he will not, in turn, reseli at less than the minimum price stipulated by the seller. (c) That the seller will not sell such commodity: (1) To any wholesaler, unless such wholesaler will agree not to resell the same to any retailer unless the retailer will in turn agree not to seil the same except to consumers for use and at not less than the stipu- lated minimum. price, and such wholesaler will likewise agree not to resell the same to any other whole- saler unless such other wholesaler will make the same agreement with any wholesaler or retailer to whom he may resell; or (2) To any retailer, unless the re- tailer will agree not to resell the same except to consumers for use and at not less than the stipulated minimum price. Sec. 3. For the purpose of pre- venting evasion of the resale price restrictions imposed in respect of any commodity by any contract entered into pursuant to the provisions of this Act (except to the extent au- thorized by the said contract): (a) The offering or giving of any article of value in connection with the sale of such commodity ; (b) The offering or the making of any concession of any kind whatso- ever (whether by the giving of cou- pons or otherwise) in connection with any such sale; or (c) The sale or offering for sale of such com- modity in combination with any other commodity, shall be deemed a violation of such resale price re- striction, for which the remedies prescribed by Section 6 of this Act shall be available. Sec. 4. No minimum resale price shall be established for any commod- ity, under any contract entered into pursuant to the provisions of this Act. by any person other than the owner of the trade-mark, brand or name used in connection with such commodity or a distributor specific- ally authorized to establish said price by the owner of such trade- mark, brand or name. Sec. 5. No contract containing any of the provisions enumerated in Sec- tion 2 of this Act shall be deemed to preclude the resale of any com- modity covered thereby without ref- erence to such contract in the fol- lowing cases: (a) In closing out the owner's stock for the bona fide purpose of discontinuing dealing in any such commodity and when plain notice of the fact is given to the public; trovided the owner of such stock shall give to the producer or distrib- utor of such commodity prompt and reasonable notice in writing of his intention to close out said stock, and an opportunity to purchase such stock at the original invoice pric (b) When the goods are altered, second-hand, damaged, defaced or deteriorated and plain notice of the fact is given to the public in the ad- vertisement and sale thereof, such notice to be conspiciously displayed in all advertisements and to af- fixed to the commodity; (c) By any officer acting under an order of court. Sec. 6. Wiifully and knowingly advertising, offering for sale or seli- ing any commodity at less than the price stipulated in any contract en- tered into pursuant to the provisions of this Act, whether the person so advertising, offering for sale or sell- ing is or is not a party to such con- tract. and whether the particular lot of such commodity so advertised, offered for sale or sold was or was not at any time sold to a party to a contract that stipulated the price of such commodity under the provis- ions of this Act is unfair competition and is actionable at the suit of any person damaged thereby. Sec. 7. This Act shall not apply to any contract or agreement tbe. tween or among producers or dis- tributors or (except as provided in sub-section (c) of Section 2 of this Act) between or among wholesalers, or between or among retailers, as to sale or resale prices. Sec. 8. If any provisions of this Act. or the application thereof to an: person or the application, is held in- valid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby. . Sec. 9. All laws or parts of laws inconsistent herewith are hereby re- pealed to the extent of such incon- pealed to the extent of such incon- sistency. Sec. 10. This Act may be known yes cited as the “Florida Fair Trade et” Sec. 11. This Act shall take effect immediately upon its passage and approval by the Governor or upon its becoming a law without his ap- proval. Approved by the Governor May 30. 1939. CHAPTER 19203 AN ACT Providing That Courses in Vocational Training Shall Be Made Available by County Boards of Public Instruction for Students in All Accredited High Schools of the WHEREAS. the State of Florida has srocommized its obligation | to its e m_ by, provaiiag free ge oy ‘the education and train- z. ‘WHEREAS. it is the wish of this Legislature that such education and training fit the children of Florida most thoroughly for the duties of citizenship. and WHEREAS, all of the children of the State of Florida are entitled to fair and equal educational advan- Be It Enacted by the of —_ yj Legislature Sec. 1, That for ihe scholastic 5 year 1939-1940, and each year there- after the County Boards of Public Instruction of the several counties of the State of Florida are hereby required to include in the course of udy or curriculum in each of the accredited high schools under their jurisdiction, one or more courses in vocational training which shall be suitable for all and shall be made available for all students of such accredited high schools: it being further provided that qualified teach- ers for such vocational training be employed, and that necessary equip- ment for proper instruction in vo- ctaional training shall be provided by the Boards of Public Instruetion of the several respective counties of the State of Florida. Sec. 2. That vocational training shall be defined as including stenog- raphy, book-keeping, argiculture, home economics, music, and manual training. Sec. 3. The violation of the fore- going sections shall be punished as a misdemeanor as provided by the General Laws of the State of Flor- ida. Sec. 4. This Act shall not be con- strued as repealing any rt of Chapter 14892, Laws of Florida, Acts of 1931. but shall be construed as cumulative to the said chapter. Sec. 5. All laws or parts of laws in conflict with the provisions of this Act ‘are hereby expressly repealed. If any provision, scetion. or part of section of this Act be held to be un- constitutional. it shall not affect the remainder of this Act. Sec. 6. This Act shall become ef- fective immediately upon becoming a law. Approved by the Governor May 30, 1939. CHAPTER 19213 AN ACT to Amend Section Five of Chapter 17708, Laws of Florida. Acts of 1937, Being: ‘‘An Act Granting to the Several Counties of Florida the Right to Acquire Airports, and De- claring the Acquirement and Opera- tion of Airports to Be a Public and County Purpose: Granting Power to the Several Counties of Florida to Acquire Private Property for Areonautical Purposes by Eminent Domain; declaring manner of paying for Such Property; Granting Au- thority to Equip and Improve Air- ports and to Operate Them and to Establish Fees and Charges, and to Lease Such Ports or Portions There- of; Declaring Manner or Raising and Expending Funds for Airport Oper- ation: Granting Authority to Acquire Air Rights; to Zone and Regulate Height of Building and Structures Affecting Air Travel; to Acquire Easements for Marking Purposes, to Police Airports, and to Cancel Lien of Taxes on Land so Acquired and to Validate Certain Acts.” To Pro- vide for Leasing Such Ports or Por- tions Thereof to Private Parties for a Term Not Exceeding Twenty Years. Be It Enacted by the Legislature of the State of Florida: Sec. 1. That Section 5 of Chap- ter 17708, Laws of Florida, Acts of 1937. being: “An Act Granting to the several counties of Florida the Right to acquire airports, and de- claring the acquirement and opera- tino of airports to be a public and county purpose: granting power to the several counties of Florida to acquire private property for aero- nautical purposes by eminent do- mail declaring manner of paying for such property; granting author- ity to equip and improve airports and to operate them and to establish fees and charges, and to lease such ports or portions thereof: declaring manner of raising and expending funds for airport operation; granting authority to acquire air rights, to zone and regulate height of buiid- ing and structures affecting air tray el; to acquire easements for mark- ing purposs, to police airports, and to cancel lien of taxes on land so acquired and to validate certain acts” be and the same is hereby amended to read as follows: Sec. 5. Authority is hereby grant- ed to each of the several counties of the State of Florida which have es- timated. or which hereafter do es- tablish airports or landing fields, or which acquire, lease or set apart, real property for such purpose or purposes, to (a) Construct, equip, improve, maintain and operate the same or to vest authority for the construction, equipment, improvement __mainte- nance and operation thereof, in an officer, ‘or body of such county. Th eexpense of such construction, equipment, improvement, mainte- nance. and operation, shall be a re- sponsibility of the said county. (b) Adopt regulations and to es- tablish charges. fees and tolls for the use of such airports,’ landing fields, and equipment and facilities: to fix penalties for the violation of said regulations, and to establish and enforce liens for the payment of said charges, fees and tolls. (c) To lease for a term not exceed- ing twenty years, such airports or landing fields. or other air facilities, to private parties for operations, or to lease or assign for a term not ex- ceeding twenty years to private par- ties for operations. space. area, im- provements and equipment on such airports or landine fields. Provided in each case, that in doing so the public shall not be deprived of its rightful, equal and uniform use thereof. _ec. 2. This Act shall take effect fmametingely upon its becoming a law. Became a law without the Gover- nor‘s approval. CHAPTER 19199 AN ACT to Amend Section 6231, Revised General Statutes of the State of Florida, 1920, Relating to Gain Time to Be Allowed to Pris- oners for Good Conduct. as Amend- ed by Chapter 18065, Laws of Flor- ida, Acts of 1937. So as to Have the Gain Time Provision Apply to County Prisoners as Well as to Be it Enacted by the Legislat y ture of the State of Florida Sec. 1. That Section 6231, Revised General Statutes of the State of Florida, 1920, being also published as Section 8567, Compiled General Laws 'y of Florida. 1927, be, and the same —_ amended to read as fol- The Commissioner of Agriculture shall keep a record of the conduct of each er. Commutation of time for good conduct shall be grant- ed by the Board of Commissioners of State Institutions, or in case of those prisoners known as County | Seem | by emer Mer Frame ‘1 ers. the following deductions shall be made from the term or terms of sentences when no charge of misconduct has been sus- tained against a prisoner viz: Five days per month off the first and sec- ond years of the sentence; ten days ber month off the third and fourth years of the sentence; fifteen days ber month off the fifth year and all succeeding years of the sentence. A prisoner under two or more cum- ulative sentences shall be allowed commutation as if they were all one sentence. For each sustained charge of escape or atempted escape, mu- tionus conduct or other serious mis- conduct. all the commutation which shall have accrued in favor of the prisoner up to that day shall be for- feited. unless in case of escape the prisoner voluntarily returns without expense to the State, such forfeiture may be set aside by the of ype Se if Lag a Institutions their judgment a conduct entitles him thereto. oners sentenced for life imprison- ment who have actually served ten years and have sustained no of misconduct and have a good prison record, shall be of sentence, and if same be granted, commuting the life sentence to a term of years, then such convict shall have the benefit of the ordi- nary commutation, as if originally sentenced for a term of years, unless it shall be otherwise ordered by the Board of Pardons. (Ch. 2885, Acts of 1889. *23; Ch. 6177, Acts 1911, * as amended by ‘Ch. 6917, Acts i95, '*1.) Sec. 2. That 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 its becoming a law. Approved by 30, 1939. the Governor May CHAPTER 19173 ACT to Amend 5 8 of Chapter 15911, Acts Laws of Florida Entitled Defining and Regulating the Prac- tice of Chiropody, Providing for the Exemption from ‘this Act, Creating a Board of Chiropody Examiners. Providing Penalties for Violation of this Act. Repealing Laws in Con- flict Herewith and Fixing the Date Upon Which This Act Becomes Ef- fective’: and to Further Amend Said Chapter 15911,by Adding Six New Sections to Be Kn scribed as 12, 13, 14, 1 Thereof. Providing for: (12) Refusal to Grant License; Revocation. (13) Hearing of Charges Against Accus- ed; From of Notice to Accused. (14) Board's Power to Revoke License of Chiropodist. (15) Records to be Kept by Secretary-Treasurer of Board. cting Chiropody Without Li- % (7) Effect of Partial In- validity of Chapter. Be It Enacted by the Legislature of the State of Florida: Sec. 1. That Section 4 of Chapter 15911. Acts of 1933, Laws of Florida be and the same is hereby amended to read as follows Sec. 4. REGISTRATION BY EX- AMINATION—Any person no! titled to registration as aforesaid, who shall furnish to the Board of Chiropody Examiners, satisfactory proof that he or she is twenty-one years of age or more, a bona fide citizen of the United States and of good moral character, and shall make oath that he or she has not been convicted of any offense that would constitute a felony either in Florida or any other state or coun- try, shall present a diploma from a Chiropody or Podiatry school which requires for graduation a cour: study of at least three years, school to be approved by the Board of Chiropody Examiners an examination to b said Board in the studies of Anat- omy, Chemistry, Dermatolog: teria Medica, Pathology, Ph: Surgery and Clinical ond Orthopedi Podiatry. limited in scope to the treatment of the foot and leg, mini- mum requirements for license s be a general average in the 5 examination ve per cent in all subje lved and not less than fifty ent in any one subject, and pay an examination fee of $50.00. which shall accompany the application to the Secreta Treasurer of the Board of Chiropody Examiners. Any applicant failing to pass requirements shall be entitled, within six months, to a reexamina- tion upon the payment of an addi- tional fee of $10.00, but two such re- examinations shall exhaust the priv. ilege under the original application. Every person who has successfully passed the examination provided for herein and to whom a license has been issued shall not be entitled to practice the profession of Chiro- pody in this State until such person causes his name to be registered at the office of the State Board of Health at Jacksonville, Florida, and by registering with the secretary of the State Board of Chiropody Exam- iners: and further that any such per- son must present (in person), certit- icates from the above officials, show- ing registration aforesaid before an occupational license may be applied for or procured fror: any City or State and County Officer having jur- isdiction of the issuance of occupa- tional licenses. Any person who at- tempts to procure or does procure an occupational license in violation of the provisions of this Section shall be subject to the penalty provided for in Section 9 of t! Act. The def- inition of the word “Chiropody” in this Act, is identical with word “Podiatry” and for all such pur- posse, they shall be considered one and the same. Sec.fl 2. That Section 8 of Chap- ter 15911, Acts of 1933, Laws of Florida, be and the same is hereby amended to read as follows: Sec.-8. The Governor shall have the power to remove from office members of the Board of Chiropody Examiners for neglect of duties as required by this Act, or from mal- feasance in office and incompetency, or for unprofessional conduct. The Governor shall have the authority to fill any vacancy caused by re- moval of any member of the Board of Chiropody Examiners or by his resignation, or death. all such ap- Pointees to be practicing chiropod- ists in the State of Florida. The Board of Chiropody Examiners shall within two weeks after their appoint- ment meet at some convenient place in the State of Florida and shall then elect a President fzom_their own members and a Secretary-Treas- urer. The Secretary-Treasurer shall give to the Governor of the State of Florida a penal bond in the sum of $1,000.00 with sufficient sureties to be approv by the Governor for the faithful discharge of his duties. The Board of Chiropody Examiners shall hold one annual examination in each year; said examination to be held on the second Monday in June of each year; said examination shall be held at such place or places as may be designated by the Board of Chiropody Examiners. Sec. 3. That said Chapter 15911, Acts of 1923. Laws of Florida, be and the same is hereby amended by the addition thereto of the following section, designated and known as (12); to read as follows (12) REFUSAL TO GRANT LI- CENSE REVOCATION — The _li- cense or registration of a practi- tioner of Chiropedy may be revoked, suspended or annulled, or such prac- titioner reprimanded upon the fol- lowing srounds (a) That the Chiropodist is guilty of fraud in the practice of Chiro- pody, or fraud or deceit in his ad- mission to the practice of Chiropody. (b) That the Chiropodist has been convicted in a court of competent jurisdiction of a felony. The cdnvic- tion of a felony shall be the convic- tion of any offense which if com- mitted within the State of Florida, would constitute a felony under the laws thereof. (ce) That the Chiropodist is en- gaged in the practice of Chiropody under a false or assumed name, or the impersonation of another prac- titioner of a like or different name. (d) That a Chiropodist is addict- ed to the habitual use of intoxicat- ing liquors, narcotics or stimulants to such an extent as to incapacitate him for the performance of his pro- fessional duties. e 3 (e) That the Chiropodist is guilty of untrue, fraudulent, misleading, or deceptive advertising; or adver- tising that he can cure or treat dis- eases by any secret medicine, or that he can cure a manifest incurable disease. (f) The obtaining of a fee on representation that a manifestly in- curable disease can be permanently cured. . (g) That a Chiropodist is grossly ignorant. or incompetent, or guilty of willful negligence in the practice of Chiropody, or has been guilty of employing. jowing or permitting any unlicensed person or persons to perform any work in his or her of- fice. wheih under the provisions of this Act, can only be legally done by a person or persons holding a li- cense to practice Chiropody, or of