FMP: Florida Memory Project
      State Library and Archives of Florida | Site Map | Contact Us     
 
  Home Florida Photographic Collection Online Classroom Highlights of Florida History Collections Timeline  

 FMP Home > Collections


Home

Black Experience Guide

Broadsides

Call Family and Brevard Family Papers

Civil War Guide

Confederate Pension Application Files

Florida's Early Constitutions

Folklife

Governors Guide

Kingsley Papers

Spanish Land Grants

Women's History Guide

WWI Service Cards

New Deal Guide

Site Map

Contact Us


ARTICLE XV.

Schedule.

Section 1. That all ordinances and resolutions heretofore passed by any Convention of the people, and all acts and resolutions of the Legislature conflicting or inconsistent with the Constitution of the United States and the statutes thereof, and with this Constitution, and in derogation of the existence or position of this State as one of the States of the United States of America, are hereby declared null and void, and of no effect.

Section 2. That all acts and resolutions of the General Assembly, and all official acts of the civil officers of the State, not inconsistent with the provisions of the Constitution and statutes of the United States or with this Constitution, or with any ordinance or resolution adopted by this Convention, and which have not been, and are not by this Constitution annulled, are in force, and shall be considered and esteemed as the laws of the State until such acts or resolutions shall be repealed by the Legislature of the State or this Convention.

Section 3. All laws of the State passed by the so-called General Assembly since the 10th day of January, A. D. 1861, not conflicting with the word or spirit of the Constitution and laws of the United States, or with this Constitution, shall be valid. All writs, acts, proceedings, judgments, and decrees of the so-called courts of the State, where actual service was made on the defendant, all executions and sales made thereunder, and all acts, orders and proceedings of the judges of probate, and of executors, administrators, guardians, and trustees, provided they were in conformity with the laws then in force, and did not conflict with the Constitution and laws of the United States and this Constitution, shall be valid; the sales of the property or effects of deceased persons shall not prevent the widow from claiming said property in kind, in whosoever hands the same may be found, when the sale had not been made for the purpose of paying the debts of the deceased, and where other than lawful money in the United States was obtained for said property. Nothing herein contained shall be so construed as to make any one who, as an officer of any court, or who acted under the authority of any court, individually liable, provided they acted strictly in accordance with what was then considered the law of the State, and not conflicting with the Constitution and laws of the United States. All fines, penalties, forfeitures, obligations, and escheats heretofore accruing to the State of Florida shall continue to accrue to the use of the State. All recognizances heretofore taken shall remain valid, and all bonds executed to the Governor of the State of Florida, either before or since the 10th day of January, A. D. 1861, or to any other officer of the State in his official capacity, shall be of full force and virtue, for the uses therein respectively expressed, and may be sued for and recovered accordingly, unless they were contrary to the laws of the United States or to this Constitution, or to any ordinance or resolution adopted by this Convention; also all criminal prosecutions which have arisen may be prosecuted to judgment and execution in the name of the State. All actions at law or suits in chancery, or any proceedings pending in the courts of this State, either prior to or subsequent to the 10th day of January, A. D. 1861, shall continue in all respects valid, and may be prosecuted to judgment and decree. All judgments and decrees rendered in civil causes in any of the courts of the State during the period of time above specified, are hereby declared of full force, validity, and effect; Provided, That unless otherwise provided in this Constitution, the statute of limitation shall not be pleaded upon any claim in the hands of any person for the period of time between the 10th day of January, A. D. 1861, and the 25th day of October, A. D. 1865, whether proceedings at law had been commenced before the 25th day of October, 1865, or not; Provided, further, That all claims of widows, minors, and decedents which were not barred by the statutes of this State on the 10th day of January, A. D. 1861, shall be considered good and valid for the period of two years from the ratification of this Constitution.

Section 4. That State treasury notes, all bonds issued, and all other liabilities contracted by the State of Florida or any county or city thereof, on and after the 10th day of January, A. D. 1861, and before the 25th day of October, A. D. 1865, except such liabilities as may be due to the seminary or school fund, be and are declared null and void, and the Legislature shall have no power to provide for the payment of the same or any part thereof; but this shall not be construed so as to invalidate any authorized liabilities of the State contracted prior to the 10th day of January, A. D. 1861, or subsequent to the 25th day of October, A. D. 1865.

Section 5. No money shall ever be appropriated by this state to reimburse purchasers of United States land who purchased the same of the State of Florida.

Section 6. All proceedings, decisions, or actions accomplished by civil or military officers acting under authority of the United States subsequent to the 10th day of January, A. D. 1861, and prior to the final restoration of the State to the government of the United States, are hereby declared valid, and shall not be subject to adjudication in the courts of this State, nor shall any person acting in the capacity of a soldier or officer of the United States, civil or military, be subject to arrest for any act performed by him pursuant to authorized instructions from his superior officers during the period of time above designated.

Section 7. That in all cases where judgments have been obtained against citizens of the State after the tenth day of January, eighteen hundred and sixty-one, and previous to the twenty-fifth day of October, eighteen hundred and sixty-five, and where actual service was not made on the person of any defendant, such defendant not served with process may appear in court within one year after the adoption of this Constitution, and make oath that injustice has been done, and that he or she has a good and valid defense, stating the defense, and upon making such oath and filing said defense the proceedings on the judgment shall cease until the defense is heard.


NEW AND NOTEWORTHY ON FLORIDA MEMORY
Broadsides   Florida Blues   Cigar Workers
Selling, Telling, and Yelling: Florida broadsides and other ephemera, 1800-2000 Before television, radio, and the internet, Florida society communicated widely and often through broadsides, advertisements, flyers, and other ephemera.   Florida Blues Each of our neighboring southern states has placed a unique brand on the music’s form and sound—Florida hasn’t done a bad job of that in its own right.   Florida Cigars: Artistry, Labor, and Politics in Florida’s Oldest Industry Commercial cigar rolling first came to Florida in the 1830s and in the decades after the Civil War it became one of the most important industries in the southeastern United States.

 


Great Seal of the State of Florida  
The Florida Memory Project is funded under the provisions of the Library Services and Technology Act, from the Institute of Museum and Library Services, administered by the Florida Department of State, State Library & Archives of Florida. Contact Us. Disclaimer.

Florida’s history is your history. Help us preserve it by joining the Friends of the State Library & Archives of Florida.


MyFlorida.com