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No. 3
An Ordinance for the
Compilation of all the Laws of England.
Be it Ordained by the People of the State of Florida in
Convention assembled, That the Governor elected under this Constitution is
authorized and directed to employ three men learned in the law, and familiar
with its practice, to make a complete and accurate Digest of all the laws in
Florida in force, of a general nature, embracing the Territorial and State laws
inclusive, of the Acts of the Legislature previous to the work being submitted
to the Governor as hereinafter provided in this Ordinance. Such Digest shall be
in the form and upon the plan of “Brightley’s Digest” of the Statutes of the
United States, and shall contain the Constitution of the United States and of
the State.
2d. Such board shall be directed to review
the manuscript work prepared by LESLIE A. THOMPSON, containing the Laws of
England, now in force in the State, and if such work shall be found of
sufficient value, said board shall correct or abbreviate the same as they may
deem proper.
3d. Said board shall be directed to edit all
the reports of the Supreme Court of the State since its organization; to prepare
a full index of the opinions of said Court, with such notes as may be deemed
necessary for the elucidation of the same; also [to] prepare for publication,
with the reports, the several Constitutions of the State, and their respective
amendments, under which the opinions reported were made.
4th. Said board shall also be directed to compile all the
local and private acts and resolutions still in force.
5th. Said board shall be directed to prepare a code of
practice for the county courts, defining definitely the rules and power of said
courts; the mode and limitation of punishment; all forms necessary for the use
of said courts, and any and all other instructions that may be necessary for the
complete exercise of the jurisdiction thereof, whether in criminal, civil, or
probate capacity.
6th. Said board shall be directed to
prepare a code for the practice of justices of the peace, setting forth their
power and jurisdiction and defining their duties under the provisions of the
Constitution and acts of the Legislature; also all forms necessary for the use
thereof.
7th. In the Digest of the general laws, local
and private acts and resolutions, all useless verbiage or superfluous matter,
and all that has a tendency to mystify and obscure the true meaning of any act
or section thereof, shall be carefully omitted; the whole to be accompanied with
marginal notes and references and with a suitable index.
8th. Whenever the works above designated, or any one of
them, shall have been completed, they or it shall be submitted by the Governor
to the justices of the Supreme Court, by whom they shall be reviewed, and if
necessary, amended, and thereafter said work shall be [the] law and rules of
practice respectively, unless they are afterwards repealed or altered by the
Legislature.
9th. The Governor is further authorized and
directed to make the necessary contracts for the publication of the aforesaid
works. Of the Digest of the laws there shall be printed and bound five hundred
copies; of the English Law five hundred; of the Reports of the Supreme Court
five hundred; of the Local and Private Acts and Resolutions five hundred; of the
Code of Practice of County Courts five hundred; and of the Code of Practice of
Justices of the Peace five hundred copies.
10th. The
Legislature is hereby authorized and directed to provide the necessary means for
the compensation of the members of the aforesaid board, and for defraying all
expenses of publication, and provide by law for such distribution of the works
aforesaid as may be deemed proper and necessary, to the officers of the State
and several counties, and for exchange with other States.
11th. The aforesaid works, until disposed of by action of
the Legislature, shall remain in the custody of the State Librarian.
12th. The aforesaid works shall be compiled in accordance
with the provisions of this Constitution, except in those cases where there are
express provisions to the contrary.
Passed in open Convention, February 21, A. D. 1868.
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