Martin ex rel. Wanton v. Townsend

Citations

• 32 Fla. 318

Syllabus

<p>COUNTY COMMISSIONERS — QUORUM—DEEDS EXECUTED BY — SEAL OF COUNTY.</p> <p>1. By Chapter 678 or tho acts of the Legislative Council, approved February 17th, 1838, and by Chapter 11 laws, approved July 26th, 1845, boards of’ county commissioners while acting in their official capacity as a board, were fully authorized and empowered to sell and convey the lands of their county, not required for public uses, in suoli manner as they deemed best.</p> <p>.3. In conveying the public lands of their county, the execution of a deed thereto by county commissioners was an official act that such boards were expressly authorized by law to perform, and in the performance of it the judge of probate, while under the law he was ex-officio a member and president- of such board, properly acted under his own official title of “judge of probate, ’ the law, from the character of the official act and the participation with him therein of other members of the board of county commissioners acting as such under their official titles, supplying the fact that such judge was acting therein in his capacity as an ex-officio member of such board.</p> <p>3. Under the statutes in force in 1852 the judge of probate, who was then ex-officio a member and president of the board of county commissioners, with any two of the other members of such boards, or in the absence of the judge of probate, any three members of such board, constituted a quorum with full power to transact any official business, or to perform any official duties; Held, That the execution of a deed of conveyance to a parcel of county land that such boards had authority to sell and 'convey, was such an official act as could be validly and effectually performed by such quorum of said boards, and that it was not necessary to the validity of such a deed that it should be executed by all, or any greater number than a legal quorum of such board.</p> <p>4. Boards of county commissioners are quasi corporations, and their official duties and pow