The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1884-08-05
AAKA D-NOTes 70 O8CHsuONoi o. THE
SUP16MR COURT OF GLoRLNA.



on Habeas Corpus Columbia county.
RANDALL, c. j.:
The 18th section of the Internal Improve.
ment act OF 1855. in exempling the employees of
certain railroads from the duty of working Oh
PUBIC reads, gave an immunity to such en- :
plsves, bat such immunity was not 10 the uaturs Q
OF an irrevosable contract with the roads or the
labOrers. The repeal Of the immunity and im!-
posing the duty was within the discretion of tt e
Legislature
Petitioner remanded and writ dismissed
}. A. Henderson. for Petitioner; Attorner-
General. tor the State.
Robert MeCaerkiu, Plaintiff in Error, vs.. the
State of Florida, Defendant in Error-Maripu
county.
VANVALKENBURGH j.:
l. In order TO cunvict defendant of the crime
of perjury, the offence must be proved Ivy the
Oaths of two witnesses, or by the oath Of one
witness, and bv other independent and corrot O.
rating circumstances which is deemed VI equal
weight with another witnesa
Q. Afterthe Jury retired 10 their room to con-
slider OF lheir verdict the Judge went home
Upon the return OF the Judge the jury came ir TO
court to deliver their verdict The Clerk Was
absent. The Jurors were called and answered to
their names, were then asked by the Judge if
they had agreed upon their verdict, and having
answered that they had SO agreed, delivered the
same in writing to the Judge. The Judge re-
ceive1 the verdict and handed il to the Sheriff,
and then adjourned the court until the following
day. Before the Judge left the court room yhe
ClerF came in, the Sheriff gave him the verCi let
OF tn. jury and he recorded it in The minutes of
the court: Held, not to be error the Clerk is
only the official scribe Of the court. He is to
keep regular and fair minutes OF all the proceed
ings OF the court The duty OF signing ihe min
utes so kept by the Clerk is imposed upon the
Judge, AID his signature alone gives them verify.
hA VtrA. 80 g
the court by entering them himself, make his
own adjOurnmenta swear the witnesses, receive
the verdict from the jury and record, or cause
the same To be recorded in the minutes which
he subsequently, verfes by his signature
4. motion in arrest OF judgment arises from
sntr7 hssc causes appearing upon the face OF the
recaId. 1t Is not the proper remedy for wrong
verdict, nor Is ii the proper remedy TOR ille-
gal admission OF evidence 1t does not and can
not take the place aud answer the purpose nf
motion TOR a new trial.
ldgmcnl affirmed
D. Mcconnell, for Plaintiff in Error Attor-
ney General, for the Stale.
The Stale ex rel the County COMMISSIONS Of
Colunlbia County VS.. Commissioners of Su-
wannee County-Mandamus.
RATDALL, G. j.:
l. Delivery, by the maker ot bond PAYABLE
to the holder, is presumed from the fact of DOS
session.
O. Prior to 1853 Columbia county. then en-
brnc Ug the territory Of Suwannee county, had
issued DO IDS for 100000 in payment for 300
shares of stock in the f., A. & G. c. r. r. 90.
In that year an act was passed creating Suwsn
nee county, and IL Was provided thai the Com
mi-si ,ner OF Columbia should set apart and
trans er To Suwannee many shares of The
rairc At, lock held by her as would Constitute a
fair division between them, to be determined by
the relative amount of taxable property; and on
making the transfer the Commissioners of sIu-
wannee should execute bOuls payable TO The
Conn nfssoners uf Columbia for The par value of
the stock and deliver the bonds to the Judge of
Probate n Columbia in payment for the stock
transferred. Commissioners of Columbia in
February, 1861, rXecu'etl and delivered 10 the
Conn lseioner- of SuwAnnee an assignment, re-
citing that they do hereby set apart and Trans
ter tu the county of Suwannec 253 shares of
stock in the F., A. s G. G. r. R. Co, being the
relative proportion OF the 900 shares now held
by said CO lnty of Columbia TO which said county
OF SuWannee is entitled; and We hereby auh hnr-
iZe the county of Suwannee to receive in n.r
name certificates of said shares" Thereupon
the Commissioners OF Suwannee county duly
" Ord red, that we accept the transfer of said
stock aud hat we issue our bonds tor The above
amount of $25 800 to the Board of County Com
missioners OF Columbia county" The bonds
were issued: Held, that the above assignme at
transferred proprietary interest to the extent Of
county, an gave to Suwsnnee county The rig ut
and power TO have the transfer made the
stock bOoks Of the railroad company whenever
she desired to have it done, which right the
courts would eI force.
g. The fact Il at the County Commissioners If
Columbia county voted upon the whole 1000
shares aftef the assignment hecaasa The. STOCK
stood on the railroad companys books. did u ot
affect the propr elary rights Of Suwannee coun y
in the 253 shares By the assignment Columbia
county parted with its right of property ard
Suwannee county gained it.
A. The provision in the charter Of the F., A. s.
G. c. r. r Co. Chapter 481 section IA, Lave
1852 g. that a stakeholder may transfer his In
terest in the stock, but the transfer shall not
be binding unless entered on the books of tie
company" is provision for the protection Of
the company Nc d does not affect q transfer rs
between holder and assignee.
5. The accept of the assignment by ST.
wannee County Commissioners, the assignment
being valid, and the issuing of the bonds, fixed
the liability Of tie county OF Suwannee.
Peremptory writ awarded.
Geo. p Raney, A. B. Hagan, for Relators; }.
F. White, j. A. Henderson, tor Respondents
B. c. Lewis & Sons, Respondents, vs.. The
county OF JeffTson, Appellant-appeal from
Jefferson county.
RANDALL, c. j.:
l.
corporation which has no general authority to-
issue bonds, in II suit upon bonds issued under
special act OF the legislature, TO witt the 32d
section of the Internal Improvement act OF 1855,
which does not designate any particular countyo
the power TO issue The bonds must appear by dis
tinct Averment of the special authority cOnterr-
ing the right, unless such special authority ap-
pears by the bond annexed la the declaration.
3. When upon a motion tn strike out plea
for want OF sufficient verificrtion. the cnurt in
deciding the motion expresses an opinion as to
the effect OF the veriicatiQn upon question
which NAV arise upon the trial. an exception does
| not lie 10 such opinion, il being not material
| upon the motion to strike out, though it may be
| material when evidence is rendered.
g. The question whether person drawn as
| juror is sufficiently intelligent to 81, in case,
may be determined by the court in the exercise
| of sound discretion.
| 4. In suit against county upon its bonds
| when the validity of the bonds is in question, a
| holder of similar bonds may be challenged for
| cause when drawn as juror. Being interested
in the question to be tried Is cause of bias as
| matter of law.
| s. Under the Constitution of this State in
| force in 1857, the Judge of Probate was lawfully
made County Commissioner by act Of the Leg
| islature.
| 8. Bonds OF a county did not. upon their face.
| recite the authority of law under which they
| we're issued. The record of the proceedings nt
| the Board at the time the bonds were ordered to
| be issued recied: BE it known that after pub
| lie notice duly given the question was submitted
to a vote OF The legal voters OF Jefferson county,
| on the 7th Of May last, whether this county
| should subscribe for stock in the Pensacola and
Georgia Railroad Company. and IL was de-
of 278 votes out of 287, being all the votes pOled
| Now therefore the Board of County Commits