Former conveyances made valid.

Married women to convey real

of attorney.

Proviso as to power of

attorney.

officer or other person appointed by law to take her acknow edgment of her execution of any such sale, conveyance, trans fer or mortgage, separate and apart from her said husband, that she executed the same freely and without any fear or conpulsion of her said husband. (e)

SEC. 10. All sales, conveyances, transfers, or mortgages, heretofore made by married women of their real estate of inheritance in this State, where the husbands of such marrie women have joined therein, shall be as valid as if the same had been conveyed by fine, as at common law, which said mode of conveyance shall never be used in this State. (e)

SEC. 11. Any deed, conveyance, mortgage, lease or other transfer of lands, tenements or hereditaments in this State, or estate by power of any interest therein, being the separate property or estate of a married woman, and any renunciation, relinquishment or other release of dower, executed by virtue of a power of attor ney from such married woman, shall have the same force and effect as if executed by the married woman in person: Provided, Said power of attorney be signed and sealed by such married woman in the presence of two witnesses, and acknowledged by her in the form and manner prescribed by the statutes of this State for the separate acknowledgment, by married women, of the conveyance of their separate estate, or release of dower, as the case may be: And provided, That the husband join with the wife in the execution of such instrument, either in person or by attorney: And provided further, That said power be duly recorded in the office for the record of deeds for the county in which said lands are situated, at or before the record of such deed, conveyance or other instrument. (ƒ) SEC. 12. Any deed, release or conveyance heretofore exe Deed, release, cuted and acknowledged in compliance with the provisions of the above section, shall have the same force and effect, and be as valid, as if the same had been executed after the passage this law. (f)

Proviso that

said power be recorded.

&c., valid.

Petition in chancery for license.

Order of reference.

Report and testimony.

SEC. 13. It shall be lawful for married women who reside in the State of Florida, who may wish to take charge of and manage their estates and to become free dealers in every respect, to apply by petition in chancery to the Judge of the Circuit Court for the circuit in which said married women may reside, for a license to take charge of and manage their own estate and property, and to become free dealers; and upon filing such petition, the Judge of the Circuit Court to whom it may b addressed shall make an order to refer it to a master of the court, with direction to take testimony and make inquiry as to the capacity, competency and qualification of such married women to take charge of and manage their own estate and property, and to become free dealers, and to report to the Judge the testimony and his opinion upon the matter referred, and

(e) Secs. 1 and 2, Act of Feb. 4, 1835.

() Secs. 1 and 2, Chap. 2069, Act of Feb. 20, 1875.

license.

upon the coming in and filing of said report and testimony, and upon the hearing thereof, if the Judge shall be satisfied as to the capacity and qualifications of such married woman to take charge of and manage her own estate, property, and to become a free dealer, it shall be lawful for the Judge to make an order confirming the report of the master, and to grant to the appli- Order granting cant a license in accordance with the prayer of the petition, and thereupon such applicants shall be authorized to take charge of and control their estates, to contract and be contracted with, to sue and be sued, and to bind themselves in all respects as fully as if such married women were unmarried: Provided, That they shall give four weeks' notice in some Notice of applinewspaper published in the circuit in which they may reside, cation. previous to the time of filing of such petition, that they intend to apply to the Judge of the Circuit Court for a license to manage, take charge of and control their property, and to become free dealers in every respect, and if there be no newspaper published in the circuit, then by written notice posted at the court-house door and at two or more public places in the county in which they reside; one of the said notices to be in the vicinity of the place of residence of the person applying to become a free dealer. (g)

license.

SEC. 14. It shall not be lawful for any married women to Publication of whom a license may be granted, under the provisions of Sec-order granting tion 13 of this chapter, to take charge of and manage their own estates, until the order and decree granting such license shall have been published four weeks in succession in some newspaper published in the county or circuit, and if no newspaper be published in the county, then by posting a copy thereof, for the space of four weeks, at the court-house door and two more public places in the county in which they may reside at the time said order or decree was made; one of said notices to be posted in the neighborhood where the applicant shall reside. (g)

SEC. 15. All the costs and expenses of such application, costs. whether the same be granted or not, shall be a lien upon and paid out of the estate of the applicant, to be taxed and collected as costs in other cases.

(g)

SEC. 16. A married woman may dispose of her property, May devise and bequeath propboth real and personal, by last will and testament, in the same manner as if she were not married.

(g) Secs. 1, 2 and 3, Chap. 3130, Act of March 11, 1879.

(h)

(h) Sec. 1, Chap. 3249, Act of Feb. 11, 1881.

erty.

Deserter to be arrested on complaint of master.

Master to give bond for jail fees.

SECTION 1. If any seaman or mariner, who shall have signed a contract to perform a voyage on board of any merchant ship or vessel, either of the United States or of any foreign power whatsoever, shall, at any port or place within this State, desert, or shall absent himself from such ship or vessel, without the leave of the master, or other officer commanding in the absence of the master, it shall be lawful for any Justice of the Peace of any county or corporation within this State, upon the complaint of the master or such other officer commanding in the absence of the master, to issue his warrant to apprehend such seaman or mariner, and bring him before such Justice, and if it shall appear, by due proof, that such seaman or mariner has signed a contract, as aforesaid, and that the voyage agreed for is not finished, altered or the contract otherwise dissolved, and that the seaman or mariner has deserted the ship or vessel, or has absented himself without leave, the said Justice shall commit him to the jail of his county or corporation, there to remain until such ship or vessel shall be ready to proceed on her voyage, or until the master or other officer commanding in the absence of the master, shall require his discharge, and then to be delivered to such master, or other officer commanding in the absence of the master, he paying all the costs of such commitment. (a)

SEC. 2. All masters of vessels and other persons lodging seamen in jail for desertion, shall previously thereto give bond, with security, to the sheriff of the district, to be by him approved, in the sum of one hundred dollars, for every seaman so lodged in any jail in this State, conditioned that he shall take away the said seaman from the jail, and pay the expenses thereof. (a)

SEC. 3. If any apprentice who shall have been regularly

(a) Secs. 1 and 2, Act of Sept. 18, 1822.

prentice to be

&c.

bound, by deed, to the master or owner of any ship or vessel, Deserting apas aforesaid, for any term of years, for the purpose of being apprehended, taught the art or trade of a seaman or mariner, shall, at any port or place within this State, desert or absent himself from the ship or vessel on board of which he has been placed by his said master, without the leave of the master, or such other officer commanding in the absence of the master, it shall be lawful for any Justice of the Peace, of any county or corporation within this State, upon the complaint of the master, or other person commanding in the absence of the master, to cause such apprentice to be apprehended, and dealt with in the same manner as herein before stated, if such Justice shall be satisfied, by due proof, that such apprentice has been regularly bound, by deed, to the master or owner of such ship or vessel, and that the said deed is then in full force: Provided always, If any seaman, mariner or apprentice shall offer sufficient proof to Proviso. satisfy the Justice of the Peace before whom he may be brought, that he hath been cruelly or improperly treated, while on board of any ship or vessel, by the master thereof, or that he hath good cause to apprehend danger to his person from the master, should he be compelled to remain on board such vessel, it shall be lawful for the Justice to discharge such seaman, mariner or apprentice, from any further confinement on account of such desertion or absence. (b)

SEC. 4. If any tavern or shop-keeper shall sell a drink to any selling liquor to sailor in actual pay on board of any ship or vessel, on credit, sailor on credit. he or she shall not recover, in any action at law, the amount so credited, but every such debt, obligation, or specialty shall be void; and if any warrant, petition, writ, or bill, be presented against any person or persons for the same, such warrant, petition, writ, or bill shall be dismissed and the defendant shall have double costs. (b)

SEC. 5. If any tavern or shop-keeper shall sell any liquor Penalties. whatsoever, upon credit, to any sailor in actual pay on board of any ship or vessel, or shall harbor, or entertain, or sell drink to any such sailor, without the written permission of the master of the ship or vessel to which the sailor belongs, he or she so offending shall, for every such offence, forfeit and pay the sum of twenty dollars to the master of the ship or vessel, recoverable before any Justice of the Peace in the county wherein such offence shall have been committed. (b)

on shore.

SEC. 6. When any person shall die on board of any ship or Dead mariner vessel within this State, the master thereof shall cause the to be buried dead body to be brought on shore and there buried at least four feet deep above high-water mark, under the penalty of five hundred dollars. (b)

disabled sea

SEC. 7. If any master or commander of any ship or vessel Discharging shall discharge or cause to be put on shore any sick or disabled sailor or sailors belonging to his ship or vessel, not entitled to

(b) Secs. 3, 4, 5 and 6, Act of Sept. 18, 1822.

men.

Penalties, how recovered.

his or their discharge by the contract between them, or any servant, without taking due care of his or their maintenance and cure, he shall forfeit the sum of one hundred dollars. And any master or commander of any ship or vessel within this State who shall land from any such ship or vessel any pauper or vagrant, without the means of procuring his, her, or their maintenance for the space of one month, shall forfeit and pay for every such offence the sum of fifty dollars.

(b)

SEC. 8. The same penalties imposed by this chapter shall be. and the same are hereby, declared to be recoverable by action of debt, bill, plaint, or information before any court of record within this State, when not otherwise directed to be prosecuted. at the suit of the State or any informer; and where prosecuted by an informer one-half of any penalty or penalties recovered in such prosecution shall be to the use of the informer, and the other half, or where there shall be no informer, the whole penalty to the use of the State. (b)

7. Other cases when writ may this law. issue.

SECTION 1. Whenever any person owning lands in this State Application for on any water course, the bed whereof belongs to himself, may writ of ad quod damnum. desire to erect a water grist-mill, or other machine or engine of public utility, and shall not have the fee simple property to the lands on the opposite side thereof, against which he would abut his dam, he shall make application for a writ of ad qued

(b) Secs. 7 and 8. Act of Sept. 18, 1822.