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Hernando County



LAWS OF THE TERRITORY OF FLORIDA

Passed at the Twenty-First Session of the Legislative Council—1843.

Page 48

No. LI.

An act to organize a county to be called Hernando county.

Section 1. Be it enacted by the Governor and Legislative Council of the Territory of Florida, That the district of country bounded as follows, to wit-beginning at the mouth of the Withlacoochee river, and running along said river to the head waters thereof; thence running a line to the head waters of the Hillsboro' river; thence down said river to Fort Foster; thence running due west to the Gulf of Mexico; thence along the Gulf of Mexico to the mouth of the Withlacoochee river, the point of beginning, including all land and islands which said rivers, lines, and Gulf, may enclose-shall constitute a county to be called Hernando county.

Sec. 2. Be it further enacted, That for the protection and administration of justice in the county established by this act, the Governor of this Territory be, and is hereby empowered, to appoint such officers as he is or may be authorized to appoint in the different counties of this Territory. Sec. 3. Be it further enacted, That the legal voters of said county be, and are hereby authorized to elect such officers, civil and military, as are authorized by law in the several counties of this Territory; and the officers so elected shall bold their offices for the same period, exercise the same powers, incur the same penalties, and be entitled to the same compensation and emoluments, as is or may be by law provided for the officers of the same stations within the several counties of this Territory.

Page 49

Sec. 4. Be it further enacted, That the time for holding elections for officers authorized to be elected by the third section of this act, shall be designated by the Judge of the County Court of said county, and whenever any vacancy shall occur, the Judge aforesaid shall order elections to fill such vacancy. Sec. 5. Be it further enacted, That the Judge of the County Court to be appointed by virtue of this act, shall hold two terms of his Court, beginning on the third Monday in April, and the third Monday in October, in each and every year; which Courts shall be held at the house of Isaac Garrison, at Chuckachattee, until a permanent county site be selected and established.

Sec. 6. Be it further enacted, That the voters resident in said county, who are by law qualified to vote for members of the Legislative Council, shall, at the time of the election held for electing the different county officers, authorized by the third section of this act, elect five commissioners, whose duty it shall be to select and locate a permanent county site, on some unoccupied spot of land, as near as practicable to the centre of said county.

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Sec. 7. Be it further enacted, That the Superior Court for the Eastern District, now directed by law to be held at Newnansville, shall be held for the counties of Alachua, Hernando, and Hillsboro', as heretofore; and all suits to be brought or commenced in the Superior Court against persons residing in either of those counties, may be brought in the said Court held at the place aforesaid; and all process in such suits shall be made returnable at the terms of the said Court, to be held at Newnansville, aforesaid.

Sec. 8. Be it further enacted, That all suits or actions, of whatever kind, pending in the Superior Courts, or County Courts of Alachua County, against any person or persons residing within the boundaries of Hernando County, together with all papers and documents, of whatever kind, connected with such suit or suits, action or actions, shall, within thirty days after notice from the Clerks of the Superior Court and County Court of said Hernando County, be delivered to them respectively; and the said suits, actions, prosecutions, or causes, shall stand upon the dockets in said Hernando County: but no portion of this act is to be so construed as to transfer any suit or action that has been or may be commenced in the Superior or County Courts of Alachua County against any person or persons residing within the boundaries of Hernando County, until such Superior or County Courts be duly organized and established.

Sec. 9. Be it further enacted, That from and after the passage of this act, the county of Hernando shall be entitled to one Representative in the House of Representatives of the Legislative Council of the Territory of Florida.

Sec. 10. Be it further enacted, That all laws, and parts of laws, conflicting with the provisions of this act, be, and the same are hereby repealed ; and that this act shall be in force from and after its passage.



Approved 24th February, 1843.



Source

Title:  1843 Laws of Florida Territory 21st Session

Edition:   1988 Florida State University College of Law Library and LBS Archival Products produced the Laws of Florida Territory replacement volumes on paper that meets ANSI Standard Z39.48-1984. Original editions for copying were provided by the law libraries of the Florida Supreme Court, the University of Florida, the University of Miami, and Florida State University.

Publisher:   TALLAHASSEE: PRINTED AT THE OFFICE OF THE FLORIDA SENTINEL, By Joseph Clisby.

Version:   BY AUTHORITY

Place of publication:   Florida

Date:   1843.

Print Source:   1843 Laws of Florida Territory 21st Session