1897. Penalty. SEC. 2. Whoever violates any of the provisions of this act shall be punished by a fine not exceeding one hundred dollars ($100.00) nor less than fifty dollars ($50.00). The candy so adulterated shall be forfeited and destroyed under direction of the court. SEC. 3. This act shall take effect upon its passage and approval by the Governor. Approved June 4, 1897. Governor to appoint Official Sampler of Phosphate. Bond. CHAPTER 4547-[No. 33.] AN ACT Providing for the Appointment of Official Samplers of Phosphate at the Several Ports Where Phosphate is Shipped in the State of Florida; Defining the Duties of Such Official Samplers, of the Railroad, Terminal and Other Companies and Persons; Fixing the Fees and the Manner of Collection and Payment Thereof; Forbidding Sampling of Phosphate at Ports of Other Persons; Empowering the Appointment of Deputies, and Prescribing Penalties for a Violation of the Provisions of This Act. Be it enacted by the Legislature of the State of Florida: SECTION 1. That the Governor shall appoint one official Sampler of Phosphate at each port in the State of Florida, where phosphates are or may be shipped, who shall hold office for a period of four years, subject to removal by the Governor for good cause shown; and who shall each give good bond to the Governor of the State of Florida, and his successors in office, in the sum of ten thousand dollars, with sufficient sureties to be approved by the Governor and filed in the office of the Secretary of State, conditioned for the faithful performance of the several duties set forth in this act. SEC. 2. It shall be the duty of said Official Sampler of Phosphate to sample all phosphate arriving at and shipped Duty of Official from the port of his appointment; and to obtain from the Sampler of Phosphate. agent of the railroad or other company or persons hauling phosphate to such port, copies of the way bills of such shipment, showing the numbers and titles of all cars loaded with and bringing such phosphate, the name of the steamer or other vessel of every description upon which such phosphate is to be loaded, and the name or names of the shippers or consignors and consignees, and such other iuformation as he deems neccessary to the proper discharge of his duty; and it shall be his duty to draw and take a fair and representative sample of phosphate from each and every car loaded with phosphate while each car is being unloaded and the phosphate transferred to the steamer or other vessel, which said sample shall be be kept in a dry and secure place, combining such sample any number or lot of cars shipped from the same mine for loading on the same steamer, or other vessel; Provided, That when such phosphate has been sampled at the mines, or is to be sampled at port of discharge, or was sold without any guarantee as to its quality, and due notice thereof shall be given the Official Sampler by the shipper or owner, such phosphate need not be sampled by him; and all samples drawn as aforesaid shall be carefully and thorougholy mixed and reduced to the quantity of about three cubic feet, which shall be put by the said Official Sampler in three strong wooden boxes of equal siz which shall be severally fastened and sealed, and labeled with the name of the steamer or other vessel into which such phosphate was shipped, the names of the shipper or consignor and consignee, the date of shipment, the name of the mine, the number and title of the cars carrying the same and such other data as will identify the sample. Oue of such boxes shall be subject to the order or request of each the shipper or consignor and consignee, and the remaining box shall be filed and kept in a dry and safe place by the Official Sampler for a period of three months and longer, when notified to do so by any party in interest, and shall be surrendered from his custody only upon the joint order or written request of the seller or consignor and consignee. The residue of sample after drawing the said three boxes to be returned to the cargo. 1897. and terminal SEC. 3. It shall be the duty of all railroad and terminal companies, and other persons and companies, carrying and hauling and handling phosphate, at their several ports of Duty of railroad shipment in this State, to furuish such Official Sampler with companies. copies of the way bills, of all phosphate shipped, hauled, carried and handled by it and them, and such other and further information concerning such phosphate as such may request, and to do and perform all acts necessary to facilitate the said Official Sampler in the performance of the duties required by this act. SEC. 4. The said Official Sampler of Phosphate shall receive for each triplicate sample drawn and perfected in accordance with the provisions of this act the following fees or compensation: When such sample represents a shipment of 500 tons or less, the sum of ten dollars; when such shipment is in excess of 500 tons, the sum of ten dollars, and the further sum of one and one-quarter cents per ton for every ton in excess of 500 tons. Fees of sampler 1897. SEC. 5. The railroad or terminal company, or other person or corporation handling such shipment of phosphate Fees of railroad and furnishing the way bill and other information to the Of or terminal companies. Fees how charged and collected. Duty of shippers of phosphates. ficial Sampler, and collecting and paying the fees of the Official Sampler as prescribed in this act, shall receive the following fees or compensation: For each car of phosphate, the sum of two cents per car, and for each dollar collected for and paid to the Official Sampler, the sum of ten cents. SEC. 6. The fees prescribed by this act shall be charged and collected by the railroad or terminal company or other persons or corporation handling such phosphate at the time and in the manner as wharfage and stevedore charges are now made and collected, and the Official Sampler's fees, when collected, shall be paid to such Official Sampler. SEC. 7. It shall be the duty of all shippers of phosphate to notify in writing the Official Sampler at the port of shipment in all cases enumerated in Section 2, when sampling is not required, and upon default of such notice and a sample is duly drawn, such shipments shall pay the fees prescribed in this act. SEC. 8. All persons, exeept the Official Sampler or his deputy appointed at the port of shipment under the provisions of this act, are hereby prohibited from drawing and taking the sample or samples of any phosphate at the port of take samples of shipment of phosphate shipped from the ports of the State Only Official Sampler or deputy may phosphate. Proviso. Appointment of deputies. Penalty for asking or accepting larger fees than prescribed by law. of Florida; Provided, That in case of sickness, refusal or inability to act of any Official Sampler, the Governor may temporarily designate any other Official Sampler or his deputy to act in his stead; And provided further, The Governor may, in his discretion, designate any Official Sampler to discharge the duties prescribed in this act at any port other than the port of his appointment, where the quantity of phosphate shipped is small. SEC. 9. The several Official Samplers shall have the power to appoint one deputy, who may discharge the duties defined in this act, but the Official Sampler making such appointment shall be responsible for the acts and negligence of the said deputy, and be answerable in damages upon his official bond for injuries consequent upon the act of his deputy, and the compensation of such deputy shall be paid by the Official Sampler making such appointment. SEC. 10. Any Official Sampler asking or accepting, and any other person offering or paying any larger fees than are prescribed in this act for the services rendered, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than two thousand dollars, or by imprisonment in the State penitentiary not exceeding three years, or by both fine and imprisonment. 1897. this act. SEC. 11. Any Official Sampler or any other person violating any of the provisions of this act, except as herein defined, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum not exceeding one thou- Violation o sand dollars, or imprisonment in the county jail not exceeding one year, or by both fine and imprisonment, and the said Official Samplers shall be answerable in damages upon their official bonds to all persons damaged by the act or omissions or the act or omission of said Official Sampler or his deputy contrary to the provisions of this act. as Official SEC. 12. Any person in the employ of any railroad, ter- who ineligible minal or wharfage company, or receiving any salary or fees to appointmen from any corporation or person, shall be ineligible to ap- Sampler. pointment to the office of Official Sampler. SEC. 13. All laws and parts of laws in conflict with this act are hereby repealed. SEC. 14. This act shall take effect thirty days after it is approved by the Governor. Approved May 18, 1897. CHAPTER 4548-[No. 34.] AN ACT to Require the Official Phosphate Sampler of Each Port of this State From Which Phosphates Are Shipped, to Inspect Each and Every Car of Phosphates Arriving at Such Port For Shipment, and to Issue Certificates for the Same, and to Provide for His Compensation Therefor. Be it enacted by the Legislature of the State of Florida: SECTION 1. That in addition to the duties now prescribed by law for the official phosphate samplers of the several ports of this State from which phosphates are shipped, it shall be the duty of such sampler to carefully examine and inspect each and every car of phosphate arriving for shipment at the port of his appointment, and to see that the sample taken therefrom is a fair and representative sample of the whole, and he shall also issue in triplicate a certificate over his hand and official seal, showing the number and title of all cars loaded with and bringing such phosphates, the name of the steamer, or other vessel, upon which such phosphate is to be shipped, and the names of the consignor and consignee of the same, and shall mail one copy of such certificate to the con Other duties of Official Phosphate Sampler. 1897. Additional ompensation. signor and another to the consignee, and shall file the other copy with himself to be safely kept for the inspection of all persons interested therein. SEC. 2. That in addition to the compensation now prescribed by law, said Official Sampler of Phosphate shall be entitled to charge, and shall receive the sum of twenty-five cents for each and every car of phosphate so inspected by him to be charged and collected by the railroad, or terminal company, or other person, or corporation handling such phos. phates at the port of shipment, and be paid out of the phosphate so inspected and shipped in the same manner, and under the same regulations as is now prescribed by law for the collection and payment of other fees of such Official Phosphate Sampler. SEC. 3. That this act shall take effect immediately upon its approval by the Governor. Approved June 3, 1897. Appointment of commissioners. Tenure of office. CHAPTER 4549-[No. 35.] AN ACT to Provide for the Regulation of Railroad Schedules, Be it enacted by the Legislature of the State of Florida: SECTION 1. That there shall be three commissioners appointed by the Governor, by and with the advice and consent of the Senate, to carry out the provisions of this act, of whom one shall be learned in law, and one of experience in the railway business, and the other shall be engaged in agricul tural pursuits. The commissioners so appointed shall hold office until the first Tuesday after the first Monday in January, 1899, and until their successors are elected and qualified. Commissioners At the general election for State officers in 1898, the three to be elected at commissioners shall be elected, without regard to vocation, by the qualified electors of this State at the time and places of voting for members of the Leg's'ature, one of whom shall be elected for the term of two years, and the other two general elec tion in 1898, Length of term. |